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HomeMy WebLinkAboutRESOLUTION NO. 2022-70RESOLUTION NO. 2022-70 RESOLUTION APPROVING THE SITE PLAN DEVELOPMENT AGREEMENT FOR THE REGEN DEVELOPMENT BY LOGISTICS PARK CEDAR RAPIDS, LLC IN THE CITY OF FAIRFAX, LINN COUNTY, IOWA WHEREAS, a Site Plan Development Agreement for the proposed ReGen Site in the City of Fairfax, Linn County, Iowa has been submitted to the City of Fairfax by Logistics Park Cedar Rapids, LLC; and WHEREAS, Hall and Hall Engineers, Inc. has reviewed said Site Plan Development Agreement for the proposed ReGen Site and recommends that the City Council approves said Development Agreement for the proposed logistics park in the City of Fairfax, Linn County, Iowa. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Fairfax, Iowa, that the Site Plan Development Agreement for the proposed ReGen Site in the City of Fairfax, Linn County, Iowa, are hereby acknowledged and approved on the part of the City of Fairfax, Linn County, Iowa. BE IT FURTHER RESOLVED, by the City Council of Fairfax, Iowa, that the Mayor and the City Clerk/Treasurer are hereby authorized and directed to execute said Resolution. Passed and approved this 9th day of August, 2022. AYES: Nurre, Daly, Pacha, Volk, and Wainwright NAYS: None � -"'� 'L'�J f'p ���il....-,,..,�i Burnell Frieden, Mayor ATTEST: �` �� ,z � � �� �- �� Cy thia Stimson, City Clerk/Treasurer X;.d�� �.%��, $ w�� + ��:, �'� 6 �', e$ i 5 • s � �. A� �nR .� f `°�� �„ � g'" .,� , � . . ,���� �, tt REGEN SITE PLAN DEVELOPMENT AGREEMENT � .Y� This Development Agreement (this "Agreement") is entered into this � day of ,� , 2022, by and between the undersigned property owner (hereinafter referred to as the DEVE - PER) and the City of Fairfax, Linn County, lowa (hereinafter referred to as the CITY). RECITAIS A. The DEVELOPER is owner of the following described property: See Attaehed Exhibit "A" B. The DEVEi.OPER proposes to complete site improvements on a portion of the property that is described in Exhibit "A", and has prepared a site development plan (herein referred to the SITE PLAN) for these proposed improvements. This property is currently zoned M1(Light Industrialj and the proposed development is consistent with this zoning. The overall property area is approximately 40 acres in size, with the proposed development being approximately 9 acres located at the southwest corner of this property. This development consists of indoor storage and processing facilities, along with associated drives, parking, loading docks, a scale, public and private water main facilities, private sanitary sewer service facilities, private storm sewer and storm water drainage facilities, and private storm water management / water quality facilities. The private sanitary sewer service facilities shall include a grinder pump and force main which drain to the CITY's sanitary sewer facilities located in the Lefebure Road Right-of Way (ROW}. These private sanitary sewer service facilities shall be considered temporary and shall be disconnected at the time the CITY has public sanitary sewer facilities installed to the north and northeast of this SITE PLAN that can service this development by a gravity sewer senrice. NOW BE IT RESOLVED, the DEVELOPER and the CITY hereby agree as follows: (BUILDItVG PERMITS) 1. All improvements associated with this SITE PLAN shall be completed per SUDAS and the CITY's Supplemental Design Standards and Specifications to SUDAS, as well as all applicable CITY Codes & Ordinances. 2. PRIOR TO THE ISSUANCE OF A GRADING PERMIT FOR THESE SITE IMPROVEMENTS, the DEVELOPER shall provide the CITY with a copy of the lowa DNR NPDES Permit Authorization under General Permit No. 2. PR10R TO THE INSTALLATION OF THE WATER MAIN FACILITIES (PRIVATE AND PUBLlC) ON 7HIS SITE PLAN, the DEVELOPER shai) provide the CITY with a copy of the lowa DNR Water Main Construction Permit. (OCCUPANCY PERMITS) 1. PRIOR TO THE ISSUANCE OF A FINAL OR TEMPORARY CERTIFICATE OF OCCUPANCY for this SITE PLAN, the DEVELOPER shali provide the following to the CITY: Certification by a civil engineer licensed in the State of lowa verifying that the runoff from the 100-year storm event can be conveyed through and on / adjacent to the proposed development on this property without damage to the building structures on this property. A civil engineer licensed in the State of lowa shal! also certify that the private storm sewer facilities, private storm water drainage facilities, and the private storm water management / private storm water quality facilities located on this property have been constructed per the CITY approved Site Plan of {mprovements and Drainage Report. The Minimum Flood Protection Elevation for the proposed building structure on the west side of this property shall be 757.2 as provided on the Site Development Plan Sheet C1.2. b. A four (4) year maintenance bond on the public water main facilities instalted along the sauth side of this SITE PLAN. c. Record with the Linn County, lowa Recorders office all of the Easement Agreements and Exhibits established as part of this S4TE PLAN. These Easements include an Access Easement, an Easement for Private Storm Water Management Facilities, a Public Utility and Private Sanitary Sewer Facilities Easement, and an Easement for Water Main Facilities, all of which are shown on this SITE PIAN. The Easement Agreements and Exhibit shall be reviewed and approved by the C1TY prior to the DEVELOPER recording these easement documents. d. Execute the CITY's Private Water Main Facilities Agreement. The CITY shall provide the DEVELOPER with this Agreement. e. Install a minimum of 4" of topsoil on ali areas of this property that are disturbed by construction activities and that are not covered with buildings, pavements, granular surfacing, or permanent water. f. Complete site seeding in aIR area that are not paved or covered with buildings, granular surfacing, or permanent water. g. Instal! the required screening j buffering landscaping and parking lot trees. (EASEMENTS) 1. The DEVELOPER shall own and maintain the property located within the public water main facilities easement located on this SITE PLAN. The DEVELOPER agrees no# to restrict the CITY'S use of this easements for the purpose of accessing, maintaining, repairing, and replacing the water main facilities within this easement. 2. There are private lighting fixtures (including associated structures, conduit and wiring) located within the public water main facilities easement just north of the south property line of this SITE PLAN. The DEVELOPER shall be fully responsibie for maintaining, repairing, and/or replacing their private lighting fixtures (including associated structures, conduit and wiring) that may encroach into this easement if these facilities are damaged or need to be removed or altered by the CITY or the C1TY's representative while maintaining, repairing, and / or replacing the public water main facilities within this easement. The DEVELOPER shall own and maintain the property located within the public utility and private sanitary sewer facilities easement located along the south property line of the adjacent Travero Logistic Park property {NW 1/4 of the SW 1/4 of Section 15, T82N, R8W) on this SITE PLAN. The DEVELOPER agrees not to restrict the use of this easements by private franchise utilities for the purpose af installing, accessing, maintaining, repairing, and replacing the private utility facilities within this easement. 4. The southerly east—west drive located on this SITE PLAN shall be a private drive with public access, and shall be privately owned, maintained, repaired and replaced by the DEVELOPER. This drive is protected with an Access Easement. 5. The retention basin (which is the expansion of the existing retention basin no. 3 from the Travero Logistics Park developmentj as shown on the SITE PLAN shal) be privately owned and maintained by the DEVELOPER. This retention basins shall be maintained to meet the design standards of the CITY approved Site Plan of Improvements and City approved Drainage Report for this development. This retention basin is protected with a Storm Water Management Faci(ities Easement. (SANITARY 5EWER) The DEVE�OPER shall own, maintain, repair and replace the sanitary sewer service from the DEVELOPER's building to the point that the sanitary sewer service connects ta the public sanitary sewer facilities (fihe CITY's sanitary sewer manholej located within the Lefebure Road ROW. The DEVELOPER shall also own, maintain, repair and replace the internal drop located in the CITY's sanitary sewer manhole, whEch is part of this private sanitary sewer service. The DEVEIOPER shall coordinate with and obtain CITY staff approval prior to accessing this sanitary sewer manhole for the installation, maintenance, repair and/or replacement of this private sanitary sewer service. 2. The sanitary sewer service {including the grinder pump and force main) cannecting this SITE PLAN to the CITY's sanitary sewer facilities located in the Lefebure Road ROW is considered a temporary sanitary sewer service, and shall be terminated at the time the CITY extends public sanitary sewer facilities to the narth and northeast of this SITE PLAN. At this time the DEVELOPER shall be required to connect their private sanitary sewer service to the CITY's public sanitary sewer facilities lacated north and northeast of this SITE PLAN. 3. No future development on this property (NE 1/4 of the SW 1/4 of Section 15, T82N, R8W) shal) be allowed to connect to the CITY's sanitary sewer facilities located in the Lefebure Road ROW with a temporary sanitary sewer service. Development on the remainder of this property (NE 1/4 of the SW 1/4 of Section 15, T82N, R8W) shall not be permitted until the CITY's pub4ic sanitary sewer facilities to be located to the north and northeast of this SITE PLAN have been installed. The DEVELOPER shall be allowed to expand the facilities on the immediate SITE PLAN (approximately 9 acres located at the southwest corner of the NE 1/4 of the SW 1/4 of Section 15, T82N, R8W) as long as such an expansion does not require any additional temporary sanitary sewer service{s} and / or the expansion of the temporary sanitary sewer service (grinder pump station and/or force main) as proposed on this 51TE PLAN. 4. The DEVELOPER shall provide the CITY with the necessary easements to access, construct, maintain, repair and reconstruct sanitary sewer facilities along the north side of this property (NE 1/4 of the SW 1/4 of Sectian 15, T82N, R8W) to ultimately service this property, as well as other properties located to the south and east of this site. The DEVELOPER sha(I agree not to restrict the CITY's use of these easements for the purpose of accessing, constructing, maintaining, repairing and replacing the sanitary sewer facilities within these easements. The DEVELOPER shall dedicate these easements to the CITY at no costs to the CITY. 5. At the time that the DEVELOPER disconnects their temporary sanitary sewer service from the CITY's sanitary sewer facilities located in the Lefebure Road ROW, the DEVELOPER shaH disconnect this temporary sanitary sewer service from the CITY's sanitary sewer facilities located in Lefebure Road ROW, and abandon this temporary sanitary sewer service as directed by CITY staff at that time. The DEVELOPER shall be responsible for all of the costs associated with the disconnection and abandonment of this temporary sanitary sewer service from the CiTY's sanitary sewer facilities in the Lefebure Road ROW. 6. The DEVELOPER shal) not pay the CITY a sanitary sewer connection fee for this SITE PLAN at this time due to the DEVE�OPER's temporary sanitary sewer service connection to the CITY's sanitary sewer facilities located in the Lefebure Road ROW. The DEVELOPER shall pay the CITY a one-time sanitary sewer connection fee for this SITE PLAN at the time the DEVELOPER connects to the CI1Y's future sanitary sewer facilities to be located to the north and northeast of this site. This sanitary sewer connection fee sha11 be determined at the time the DEVELOPER connects to the CITY's sanitary sewer facilities located to the north and northeast of this site, and this sanitary sewer connection fee shall be based upon the CITY's cost to extend public sanitary sewer facilities to serve this SITE PLAN from both the 2021 Sanitary Sewer Extension Project and the Future Sanitary Sewer Facilities Extension Project to the north and northeast ofthis SITE PLAN. (MISCELLANEOUS) Since this SITE PLAN does not encompass the entire NE 1/4 of the SW 1J4 of Section 15, T82N, R8W, the DEVELOPER sha11 not be required to provide an updated Traffic (mpact Study to the CITY at the time, as part of these SITE PLAN improvements. The DEVELOPER shall be required to provide the CITY with an updated Traffic Impact Study when the CITY deems it necessary as future development occurs on this property (the NE 1/4 of the SW 1/4 of Section 15, T82N, R8W). As part of this Traffic Impact Study, the DEVELOPER shalt participate in the appropriate roadway improvement costs as determined necessary per the AET Warehouse Develapment Traffic Impact Study provided by Anderson Bogert on June 10, 2020, and the updated Traffic Impact Study provided with the future development on this site (please refer to Paragraph No's. 3 and 15 of the Site Plan Development Agreement executed by Logistics Park Cedar Rapids, LLC on February 5, 2021 and approved with City of Fairfax Resolution No. 2021-15). 2. At the time the northerly and/or easterly portions of this property develop, the DEVELOPER shall provide the CITY with a revised SITE PLAN and a revised Traffic Impact Study (as deemed necessary by the CITY) which shall accurately reflect the proposed improvement on the northerly and/or easterly portion of this property, as well as the current development and the traffic patterns in the area surrounding this SITE PLAN. The DEVELOPER shall be fully responsible f�r providing the necessary access or accesses to the northerly and/or eastern portions af this property when it develops. As required by the proposed improvements on the northerly and/or easterly portions of this property and the revised Traffic Impact Study, the access requirements to the easterly portion of this property may be a single access point or multiple access points. 3. The DEVELOPER shall maintain all landscaping and trees on this property such that all dead trees, shrubs, and plants are removed and replaced with similar species �r approved equals, and such that the screening / buffering landscaped areas do not become overgrown with weeds or other unintended vegetation. 4. The undeveloped portions of this SITE PLAN shall be maintained with a crop, native prairie grasses / plantings, or per the City's Ordinances for weed control. 5. Once installed and accepted by the CITY, the southerly east —west water main facitities located on this SITE PLAN shall be public water main facilities which shall be owned, maintained, repaired and replaced by the CITY. The DEVELOPER shall provide the C1TY with a 4-year maintenance bond for this portion of the water main facilities once they have been completely installed and tested, and prior to the CITY's acceptance of these water main facilities. 6. The DEVELOPER and any contractor or other agent employed by the DEVELOPER shall provide insurance as reasonably required by the CITY and Linn County when working within the public rights- of-way on the adjacent public roadway. The DEVELOPER shall be responsibte for reimbursing the CITY for necessary street repairs to Lefe6ure Road, Fairfax Road, and E. Southview Road located near this SITE PLAN that may be damaged from construction traffic to this SITE. The DEVELOPER agrees to bring their construction trafFic to this SITE from the south along Lefebure Road, and the DEVELOPER also agrees that the construction firaffic for this SITE shall not utilize Southview Road or any of the CITY's streets located to the north or west of this SITE. 8. The DEVELOPER agrees to indemnify and hold harmless the CITY for damages or claims for damages that may arise or accrue as a result of City Council approval of this Agreement. This Agreement shall be binding upon the parties hereto and their heirs, successors, and assigns, and the sale by the DEVELOPER / owner of all or any part of this property shall transfer obligations of the DEVE�OPER to the successor in interest. 10. If enforcement of this agreement goes to court, the prevailing party may recover attorney's fees from the other party. pated. �U6 U�%` / `S� , 2022 LOGISTICS PARK CEDAR RAPIDS, LLC /��..�.E� 1�r�'�C...4�'�.��`-- Dee Brown, Director of Operations STATE OF iOWA, COUNTY OF LINN) This instrument vuas acknauvledged �efore me� on tP�is ���� day of �U(��>.�'i"r_____. ,��22 by Dee Brown, Director of Operations for Logistics Park Cedar Rapids, �LC Dated: r-�•--�f✓� _ , 2022 CITY OF FAIRFAX, IOWA �fi� � I �� �'�.'��" ��' " � -!�f �s� "�-� � „_„ j Burnell G. Frieden, Mayor STATE OF IOWA, COUNTY OF LINN) .�,,,.���x �,,��-'�.�. Notary Pub(ic in and for the State of lowa �w�� � MARY EUSE ELLIOTT Nota�iai Seal - lowa Commissian Number 839246 My Commission Expires May 9, 2025 %�� , 7his instrument was acknowledged before me on this �day of �c � ,:f , 2d22 by BurnelE G. Frieden, Mayor of the City of Fairfax, lowa. --�?� _ � � I ��f,,,�- `� J�,;�.. Not y Public in and for the State of fowa ^pP�p� SF, CYNTHIA K. STIMSOiV _�:Commission Number 128033 My Commission Expires • �ow► April 13, 2025 EXHIBIT "A" THE NORTHEAST QUARTER (NE1/4) OF THE SOUTHWEST QUARTER (SW1/4) OF SECTION (15), ALL IN TOWNSHIP EIGHTY-TW� (82) NORTH, RANGE E1GHT (8) WEST OF THE FIFTH (5) P.M.