HomeMy WebLinkAboutRESOLUTION NO. 2022-113RESOLUTION NO. 2022-113
RESOLUTION ACCEPTING THE PUBLIC IMPROVEMENTS TO
HEARTLAND HEIGHTS THIRD ADDITION IN THE CITY OF FAIRFAX,
LINN COUNTY, IOWA, AND TO RELEASE THE LETTER OF CREDIT
FOR THE SAME PUBLIC IMPROVEMENTS TO HEARTLAND
HEIGHTS THIRD ADDITION
WHEREAS, City staff has performed part-time field observations during the installation
of the public improvements, reviewed material test reports, and has completed a final site
inspection of the public infrastructure, and City staff recommends acceptance of the Heartland
Heights Third Addition public improvements with the following conditions:
1. The 4-year Maintenance Bond(s) for these public improvements is provided to the City of
Fairfax.
2. The owners / developers complete the following items:
a. Install erosion control measures and establish permanent seeding in the temporary
east-west drainage swale located along the north side of Beverly Road.
b. Re-establish the final grades, install erosion control measures, and establish
permanent seeding in the temporary north-south drainage swale located along the
west side of the Heartland Heights Third Addition.
c. Establish permanent seeding in all areas of the Heartland Heights Third Addition
that do not currently have vegetation established, including all of the Public
Streets Rights-of-Way located in the Heartland Heights Third Addition.
WHEREAS, the City of Fairfax has approved the Final Plat of Heartland Heights Third
Addition in the City of Fairfax, Linn County, Iowa, and the Development Agreement for said
Heartland Heights Third Addition by Resolution No. 2022-61, on June 28, 2022; and
WHEREAS, Iowa Lot Development, L.L.C. had submitted an Irrevocable Standby
Letter of Credit to cover the costs of the public improvements yet to be completed for Heartland
Heights Third Addition; and
WHEREAS, the City of Fairfax has accepted the Public Improvements of Heartland
Heights Third Addition in the City of Fairfax, Linn County, Iowa as part of this Resolution; and
WHEREAS, Iowa Lot Development, L.L.C. will submit to the City a 4-year
Maintenance Bond for the Public Sanitary Sewer, Storm Sewer, and Water Main Facilities and a
4-year Maintenance Bond for the Public Street Pavement in the Heartland Heights Third
Addition; and
WHEREAS, Iowa Lot Development, L.L.C. has submitted a request to fully release the
Irrevocable Standby Letter of Credit to cover the costs of the public improvements yet to
complete for Heartland Heights Third Addition.
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Fairfax,
Iowa, that the public improvements in Heartland Heights Third Addition in the City of Fairfax,
Linn County, Iowa are accepted by the City of Fairfax with the following conditions:
The 4-year Maintenance Bond(s) for these public improvements is provided to the City of
Fairfax.
2. The owners / developers complete the following items:
a. Install erosion control measures and establish permanent seeding in the temporary
east-west drainage swale located along the north side of Beverly Road.
b. Re-establish the final grades, install erosion control measures, and establish
permanent seeding in the temporary north-south drainage swale located along the
west side of the Heartland Heights Third Addition.
c. Establish permanent seeding in all areas of the Heartland Heights Third Addition
that do not currently have vegetation established, including all of the Public
Streets Rights-of-Way located in the Heartland Heights Third Addition.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the Fairfax City Council
does fully release the Irrevocable Standby Letter of Credit for Heartland Heights Third Addition.
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 14th day of December, 2022.
AYES: Nurre, Daly, Pacha, and Wainwright
NAYS: None
ABSENT: Volk
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Marianne Wainwrigh , Mayor Pro Tempore
ATTEST:
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Cy hia Stimson, City Clerk/Treasurer
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