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Home My WebLink AboutRESOLUTION NO. 2015-86 SOLUTION NO. 2015-86 i RESOLUTIONENTERING NTEI .ING INTO A DEVELOPMENT" AGREEMENT WITH LEGACY 'LAND DEVELOPMENT, L.L.C. WHEREAS, the Legacy Land Development, L.L.C. is developing Prairie Creek Estates 7th Addition, in Fairfax, Iowa, Linn County, Iowa; and WHEREAS, Hall and Fall Engineers, Inc, is recommending the City of Fairfax enter into a Development Agreement with Legacy Land Development as follows: DEVELOPMENT AGREEMENT This Development Agreement(this"Agreements")iseritered,intothis 1311 day of October, 2015, by and between the undersigned property owner (hereinafter referredto as the I:)EVELOPER) mid the City of Farirfax, Lim Cotuity,Iowa(hereinatter referred to as the CITY). RECITALS 1. The DEVELOPER is owner of the following described property: SeeAttached Exhibit"A": 2. The DEVELOPER proposes to record a final plat situated on a portion of the Real Estate to be known as Prairie Creep Estates Seventh Addition in the City of Fairfax,Linn County, Iowa and has prepared a proposed final plat of such addition (the "flat"). Said Addition shall consist of Lot 1, through Lot 11, and Lot'A' (Public Street Right-of-way), all inclusive. NOW BE IT RESOLVED,the DEVELOPER and the CITY hereby agree as follows: 1. The DEVELOPER and any contractor or other agent employed by the DEVELOPER shall provide insurance as reasonably required by the CITY when working within the public rights-of-way. 2. THAT PRIORTO TIME IS DANCE OFA FINAL OR TEMPORARY CERTIFICATE OF OCCUPANCY for Dots 5 through 11,the DEVELOPER shall: a) Install the storm water drainage Swale as shown on the approved Plan of Improvements within the Storm Water Drainage Easement and stabilize itwith permanent groundcover.. b) Provide certification by a civil engineer licensed inthe State of Iowa verifying that the runoff from the 1.00-year storm event can be conveyed through Lots 5 through 11 without damage to the building structures. c) The minimum low openings have been determined to be as follows(Found IR SW Corner Lot 72 FAIRFAX HEIGHTS 1STElevation=778.314 Northing:3442690.959' Easting 5392092.619') i. Lot 5. 784.0 ii. Lot 6: 783.5 iii. Lot 7; 781.5 iv. Lot 8, 780.0 v. Lot 9: 778.0 vi. Lot 10: 777.20 vii. Lot II; 777.0 3, The DEVELOPER shall own and maintain the storm water drainage swales located within the Storm Water Drainage Easements,which shall convey the 100-year storm event overland through Lots 5 through Lot 11.The DEVELOPER also agrees not to restrict the overland conveyance of the I00-year storm event through this drainage swale, 4. THAT PRIOR TO THE ISSUANCE OF A FINAL CERTIFICATE OF OCCUPANCY,the DEVELOPER shall: a) Construct minimum 4!wide concrete sidewalks along the street frontages of Lots 1- 11. b) Construct minimum S'wide concrete sidewalks through the driveway on Lots 1-11. c) Construct a pedestrian ramp with a 5'x5' landing at the northeast corner of Second Street and Driftwood Lane. d) Construct a pedestrian ramp with a 5'x5'landing at the northwest corner of Second Street and Driftwood Lane, 5. 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 thisAgreement. 6. This Agreement shal I be binding upon the parties hereto and their heirs,successors, and assigns,and the sale by the owner of all or,any part of said Lot I through Lot I 1,shall transfer obligations ofthe DEVELOPER tothe successor in interest. 7. The developer shall have this Final Plat and associated bound documents recorded with the Linn County Recorders Offices within 6 months of the City's approval of this Final Plat. No properties within this final plat shall be sold prior to the recordation of this final plat and bound documents,and no occupancy permits shall be issued within this plat until it has been recorded by the developer. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fairfax, Iowa,to enter into this Development Agreement with Legacy Land Development L.L.C. for Prairie Creek Estates 7th Addition. BE IT FURTHER RESOLVED, by the City Council of the City of Fairfax, Iowa, that the Mayor and City Clerk are hereby authorized and directed to execute both this Resolution and the Agreement. Passed and approved this 13'h day of October, 2015. AYES: Otto, Frieden, and Beer NAYS: None ABSENT: Magers and Wainwright 4", Jasort Rabe, Mayor "o ATA14 TEST: . -j Cynthia Stimson, City Clerk/Treasurer 0- >< 0 �c l I I DEVELOPMENT AGREEMENT This Development Agreement(this"Agreement")is entered Into this � ..day of 2015, by and between the undersigned property owner('hereinafter referred to as the DEVELOPER)and the City of Fairfax,Linn County, Iowa (hereinafter referred to as the CITY). RECITALS 1, The DEVELOPER is owner of the following described property: See Attached Exhibit"A" 2, The DEVELOPER proposes to record a final plat situated on a portion of the Real Estate to be known as Prairie Creek Estates Seventh Addition in the City of Fairfax, Linn County, Iowa and has prepared a proposed final plat of such addition(the "Plat"). Said Addition shall consist of Lot 1 through Lot 11,and Lot W(Public Street Right-of-way),all inclusive. NOW BE IT RESOLVED,the DEVELOPER and the CITY hereby agree as follows: 1. The DEVELOPER and any contractor or other agent employed by the DEVELOPER shall provide Insurance as reasonably required by the CITY when working within the public rights-of-way. 2. THAT PRIOR TO THE ISSUANCE OF A FINAL OR TEMPORARY CERTIFICATE OF OCCUPANCY for Lots 5 through 11, the DEVELOPER shall: a) Install the storm water drainage Swale as shown on the approved Plan of Improvements within the Storm Water Drainage Easement and stabilize it with permanent ground cover. b) Provide certification by a civil engineer licensed in the State of Iowa verifying that the runoff from the 100-year storm event can be conveyed through Lots 5 through 11 without damage to the building structures. c) The minimum low openings have been determined to be as follows{Found IR SW Corner Lot 72 FAIRFAX HEIGHTS 1ST Elevation=778.314 Northing:3442690.959` Easting 5392092,619') I, Lot 5: 7'84.0 il, Lot 6: 783.5 Ill. Lot 7: 781,5 Iv. Lot S: 780.03 v. Lot 9: 778.03 A. Lot 10: 777.20 vii, Lot 11: 777.0 3. The DEVELOPER shall own and maintain the storm water drainage swales located within the Storm Water Drainage Easements,which shall convey the 100-year storm event overland through Lots 5 through Lot 11, The DEVELOPER also agrees not to restrict the overland conveyance of the 100-year storm event through this drainage swale, . ______- r — - � i i . � � | . | 4. THAT PRIOR TOTHE ISSUANCE OFAFINAL CERTIFICATE OFOCCUPANCY, the DEVELOPER shall: � m) Construct minimum 4'wide concrete sidewalks along the street frontages ofLots 1-1l b\ Construct minimum S/w|dmconcrete sidewalks through the driveway onLots 1 11. c) Construct opedestrian ramp with o5'x5' landing etthe northeast corner ofsecond Street and Driftwood Lane, d) Construct npedestrian ramp with eG'XS~ landing mtthe northwest corner ofSecond � Street and Driftwood Lane. � S. The DEVELOPER agrees to indemnify and hold harmless the C,ITY for damages or claims for damages that may arise oraccrue esaresult of City Council approval ofthis Agreement. G. This Agreement shall bebinding upon the parties hereto and their heirs,successors,and assigns, � and the sale by the owner of all or any part of said Lot I through Lot 11,shall transfer obligations ofthe DEVELOPER tothe successor|nInterest. � % The developer shall have this Final Plat and associated bound documents recorded with the Linn � County Recorders Offices within 6 months of the City's approval of this Final Plat, No properties � within this final plat shall be sold prior bnthe recordation mfthis fima| plat and bound � documents, and nooccupancy permits shall beissued within this plat until |thas been recorded bythecleve|ope r, 1 ! *7 / Dated.- 2015 - Legacy Land DeVelQDmt'fjj',--t.L.C,�-- ! ChrisK4uUin8er, Manygi ngmber ' STATE OF �VV� COUN?��F0VN) This instrument was acknowledged before mconthis day of 2015 byChris Nlottin8er, Managing Member nfLegacy Land Development, LLC �