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HomeMy WebLinkAboutRESOLUTION NO. 2018-26 RESOLUTION NO. 2018-26 RESOLUTION APPROVING THE FINAL PLAT, DEVELOPMENT AGREEMENT, AND ASSOCIATED OFF-SITE EASEMENTS FOR HEARTLAND HEIGHTS SECOND ADDITION IN THE CITY OF FAIRFAX, LINN COUNTY, IOWA WHEREAS, a Final Plat of Heartland Heights Second Addition in the City of Fairfax, Linn County, Iowa has been submitted to the City of Fairfax by Iowa Lot Development, LLC; and WHEREAS, a Development Agreement, by and between Iowa Lot Development, LLC and the City of Fairfax, for said Heartland Heights Second Addition has been prepared as part of the Heartland Heights Second Addition Final Plat Bound Documents; and WHEREAS, a Temporary Off-site Easement which serves the Heartland Heights Second Addition, but is located outside of the Heartland Heights Second Addition Final Plat boundary is also part of the Heartland Heights Second Addition Final Plat Bound Documents; and WHEREAS, Hall and Hall Engineers, Inc. has reviewed said Final Plat of Heartland Heights Second Addition in the City of Fairfax, Linn County, Iowa, the Development Agreement for said Heartland Heights Second Addition, and the Temporary Off-site Easement of said Heartland Heights Second Addition, and has found said Final Plat, Development Agreement, and Temporary Off-site Easement to be in accordance with the provisions of the laws of the State of Iowa and the ordinances of the City of Fairfax, Iowa, in relation to this development within the City of Fairfax, and has further recommended approval of said Final Plat, Development Agreement, and Temporary Off-site Easement. NOW,THEREFORE BE IT RESOLVED,by the City Council of the City of Fairfax, Iowa, that the Final Plat of Heartland Heights Second Addition in the City of Fairfax, Linn County, Iowa, the Development Agreement for said Heartland Heights Second Addition, and the Temporary Off-site Easement for said Heartland Heights Second Addition 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 8t" day of May, 2018. AYES: Daly, Kell, and Volk NAYS: None ABSENT: Otto and Wainwright Burnell Frieden, Mayor ATTEST: £ f o Cynthia rtimson, City Clerk/Treasurer a' DEVELOPMENT AGREEMENT I This Development Agreement (this "Agreement") is entered into this 24 tk day of 2018, by and between the undersigned property owner(hereinafter referred to as the DEVEL PER) 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 Heartland Heights Second 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 98 through Lot 117, and Lot 'A' (Public Streets 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 BUILDING PERMIT for Lots 105 and 106, and Lots 111 and 112 all inclusive, the DEVELOPER shall construct the storm water drainage swales as shown on the approved Plan of Improvements for the Heartland Heights Second Addition, as shown on the "Heartland Heights Second Addition in the City of Fairfax, Linn County, Iowa—Plan of Improvements" Signed and Sealed on March 27, 2018. These storm water drainage swales, located within the Private Storm Water Drainage and Public Storm Sewer Easements, shall be stabilized with permanent ground cover. 3. THAT PRIOR TO THE ISSUANCE OF A FINAL OR TEMPORARY CERTIFICATE OF OCCUPANCY for Lots 98 through 108 all inclusive, Lots 111 and 112, Lots 115 through 117 all inclusive, the DEVELOPER shall 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 and/or adjacent to the proposed development on these Lots without damage to the building structures on these Lots. The Minimum Low Opening Elevations for these lots are as follows: Lots 98 through 108, all inclusive, shall have the minimum low openings (MLO) provided once the LOMR-F have been approved by FEMA. Lot 111 ---3.0' Above the Bottom of the Adjacent Side Yard Drainage Swale. Lot 112 --- 3.0' Above the Bottom of the Adjacent Side Yard Drainage Swale. Lot 115 --- 2.0' Above the Bottom of the Adjacent Rear Yard Drainage Swale. Lot 116--- 2.0' Above the Bottom of the Adjacent Rear Yard Drainage Swale. Lot 117--- Elev. 774.00 4. The DEVELOPER shall own and maintain the storm water drainage swales located within the 25' Storm Sewer and Overflow Drainage Easements,which shall convey the 100-year storm event overland through Lots 105 and 106, and Lots 111 and 112. The DEVELOPER agrees not to restrict the overland conveyance of the 100-year storm event through these drainage swales. 5. The City shall own and maintain the storm sewer facilities (storm sewer, intakes, and/or storm manholes) located within the 25' Storm Sewer and Overflow Drainage Easement Located in Lots 105, 106, 111, and 112. 6. The DEVELOPER shall own and maintain the property located within the 15' Drainage and Access Easement located along the rear(west side)of Lots 99 through 108, all inclusive. The DEVELOPER also agrees not to restrict the overland conveyance of the 100-year storm event over this easement, or the access of CITY Staff, Officials, and Representatives within this easement. 7. The DEVELOPER shall own and maintain the property located within the 15' Storm Sewer,Storm Water Drainage, and Access Easement located along the south side of Lot 99. The DEVELOPER agrees not to restrict the overland conveyance of the 100-year storm event over this easement, or the access of CITY Staff, Officials, and Representatives within this easement. 8. The City shall own and maintain the storm sewer facilities (storm sewer, intakes, and/or storm manholes) located within the 15' Storm Sewer, Storm Water Drainage, and Access Easement Located along the south side of Lot 99. 9. The DEVELOPER shall own and maintain the storm water drainage swale located within the 40' Private Storm Water Drainage and Public Storm Sewer Easement, and the Storm Water Drainage and Access Easement, both of which are located at the rear(south side) of Lot 98. The DEVELOPER agrees not to restrict the overland conveyance of the 100-year storm event through this drainage swales, or the access of CITY Staff, Officials, and Representatives within these easements. 10. The City shall own and maintain the storm sewer facilities (storm sewer, intakes, and/or storm manholes) located within the 40' Private Storm Water Drainage and Public Storm Sewer Easement Located at the rear(south side) of Lot 98. 11. The DEVELOPER shall own and maintain the storm water drainage swale located within the 10' Private Storm Water Drainage Easement located along the rear(east side) of Lots 115, 116, and 117, and within the Private Storm Water Drainage and Public Storm Sewer Easement located at the southeast corner of Lot 117. The DEVELOPER agrees not to restrict the overland conveyance of the 100-year storm event through these drainage swales, or the access of CITY Staff, Officials, and Representatives within these easements. 12. The City shall own and maintain the storm sewer facilities (storm sewer, intakes, and/or storm manholes) located within the Private Storm Water Drainage and Public Storm Sewer Easement located at the southeast corner of Lot 117. 13. THAT PRIOR TO THE ISSUANCE OF A BUILDING PERMIT on Lot 98 through 108, all inclusive, which are located within the FEMA Special Flood Hazard Area (SFHA) prior to the development of this site, these Lots shall meet the requirements of Chapter 160—Flood Plain Ordinance, of the City's Code of Ordinances, and the FEMA Flood Plain Regulations. 14. WITHIN ONE CALENDAR YEAR FROM THE TIME THAT THE CITY APPROVES THE FINAL CONSTRUCTION DOCUMENTS AND THE DRAINAGE REPORT FOR THE PERMANENT STORM WATER MANAGEMENT FACILITIES AND THE ASSOCIATED IMPROVEMENTS,the DEVELOPER shall have these storm water management facilities and associated improvements constructed such that they are in order to be accepted by the CITY. If these storm water management facilities and associated improvements are not completed in a manner that is acceptable to the CITY within one calendar year of the CITY's final approval.of these construction documents,the CITY shall not issue any further building permits within the Heartland Heights Second Addition, or consider any further development within the overall Heartland Heights subdivision. The initial, and complete submittal of the pond, associated forebays, the pond outlet structure and related erosion protection,the overflow berm &swale,the sanitary sewer trunk main extended beyond the pond outlet structure, the trail around the pond, and drainage report per previous meetings and review comments shall be submitted for the CITY's review and consideration no later than July 30, 2018. 15. THAT PRIOR TO THE ISSUANCE OF A FINAL CERTIFICATE OF OCCUPANCY,the DEVELOPER shall construct 5' wide concrete sidewalks along the front yards (within the street Right-of-Way of Heartland Street) adjacent to Lots 98 through 107 all inclusive, and adjacent to Lots 110 through 117 all inclusive. 16. THAT PRIOR TO THE ISSUANCE OF A FINAL CERTIFICATE OF OCCUPANCY ON LOTS 108 AND 109,the DEVELOPER shall construct the 5'wide concrete sidewalks along the front of Lots 108 and 109, adjacent to Heartland Street, as shown on the approved plan of improvements—Plan Sheet C401. The DEVELOPER shall also pay the CITY for the entire cost to construct the 5'wide concrete sidewalk for the remaining unpaved portion of sidewalk along Heartland Street,for the entire portion of 5' wide concrete sidewalk along the north property lines of said Lots 108 and 109 (within the future Beverly Road right-of-way), and for the turning spaces and curb ramps(including the detectable warning panels, all per the SUDAS Design Manual, Chapter 12)that shall be located at the future intersection of Heartland Street and Beverly Road. At the time that the CITY deems these sidewalks and curb ramps necessary,the CITY shall have these installed at the City's expense. 17. The DEVELOPER shall be responsible for the maintenance (including snow removal), repair, and replacement of all 5' wide sidewalks, sidewalk pedestrian ramps, and sidewalk turning spaces located within the public streets rights-of-way adjacent to each Lot within the Heartland Heights Second Addition. 18. THAT UPON THE DEVELOPER'S SALE OF EACH INDIVIDUAL VACANT LOT WITHIN THE HEARTLAND HEIGHTS SECOND ADDITION, OR IF THE DEVELOPER DOES NOT SELL THE LOT(S),THEN PRIOR TO THE ISSUANCE OF THE PLUMBING PERMITS FOR EACH INDIVIDUAL LOT WITHIN THE HEARTLAND HEIGHTS SECOND ADDITION, the DEVELOPER shall pay the CITY the Sanitary Sewer Connection Fee per Resolution No. 2017-09, and as follows: a) The Heartland Heights Second Addition is 9.98 Acres in size. b) The 2018 Sanitary Sewer Connection fee is approximately$1,094.79 per Acre, establishing an overall Sanitary Sewer Connection Fee (in 2018 dollars) of$10,926.02 for the Heartland Heights Second Addition. c) The 2018 Sanitary Sewer Connection Fees per Lot shall be as follows: i. Single-Family Lots (Lot 98 through Lot 117 all inclusive) -$546.30 per Lot d) These Sanitary Sewer Connection Fees shall be adjusted annually, starting in January of 2019, based upon the interest rates that the CITY is paying on the Phase 1 Sanitary Sewer Extension Project and on the Phase 2 Sanitary Sewer Extension Project. 19. THAT UPON THE DEVELOPER'S SALE OF EACH INDIVIDUAL VACANT LOT WITHIN THE HEARTLAND HEIGHTS SECOND ADDITION, OR IF THE DEVELOPER DOES NOT SELL THE LOT(S),THEN PRIOR TO THE ISSUANCE OF THE PLUMBING PERMITS FOR EACH INDIVIDUAL LOT WITHIN THE HEARTLAND HEIGHTS SECOND ADDITION, the DEVELOPER shall pay the CITY the Water Main Connection Fee per Resolution No. 2017-08, and as follows: a) The Heartland Heights Second Addition is 9.98 Acres in size. b) The 2018 Water Main Connection Fees is$712.66 per Acre,establishing an overall Water Main Connection Fee of$7,112.35 for Heartland Heights Second Addition. c) The 2017 Water Main Connection Fees per Lot shall be as follows: i. Single-Family Lots(Lot 98 through Lot 117 all inclusive)-$355.62 per Lot d) These Water Main Connection Fees shall be adjusted annually, starting in January of 2019, based upon the Consumer Price Index (CPI) established in January each calendar Year. 20. FOR EACH BUILDING PERMIT ISSUED in the Heartland Heights Second Addition,the DEVELOPER shall owe/pay to the CITY the following Participation Costs in the future 80th Street Improvement Projects: a) Single-Family Lots-$1,459.20 per Lot b) These Participation Costs in the future 80th Street Improvement Projects shall be adjusted annually based upon the annual inflation rate as determined by the Consumer Price Index (CPI) as reported in January of each year(December CPI of the previous year to the December CPI of the current year). c) The DEVELOPER shall be allowed to withhold payment to the CITY for these participation costs in the future 80th Street Improvement Projects until the earlier of September 1, 2021 or the sale of one-half of the Lots in the Heartland Heights subdivision, as shown on the Preliminary Plat signed by Mayor Frieden on June 6, 2016. At that time,the DEVELOPER shall pay the CITY for all Lots built on or sold since the beginning of the Heartland Heights First Addition. d) All other portions of Condition No. 20 of the Heartland Heights Subdivision Preliminary Plat Acceptance of Conditions, Resolution No. 2016-43 shall apply to these 80th Street improvement participation costs by the DEVELOPER. 21. The CITY shall Provide and Install all public street signs within the public streets rights-of-way within Heartland Heights Second Addition. 22. THAT PRIOR TO THE ISSUANCE OF THE FIRST TEMPORARY OR FINAL CERTIFICATE OF OCCUPANCY in the Heartland Heights Second Addition,The DEVELOPER shall : a) The DEVELOPER shall cause to be install the Street Lights per the Linn County REC's Recommendation and the CITY Staff's approval. The DEVELOPER shall provide the CITY with an acceptable verification of payment to Linn County REC for said street light installation. b) The DEVELOPER shall cause to be installed the necessary Franchise Utilities to properly service the Heartland Heights Second Addition, and the DEVELOPER shall also provide the CITY with an acceptable verification of payment to these Franchise Utilities for said utilities installation. 23. The DEVELOPER shall only be allowed to receive building permits for Lots that have water and street improvements adjoining it that are acceptable to the CITY Staff and the CITY's Fire Department. 24. THAT PRIOR TO THE ISSUANCE OF THE FIRST BUILDING PERMIT in the Heartland Heights Second Addition,the OWNER shall record the bound documents for the final plat of Heartland Heights Second Addition in the City of Fairfax, Linn County, Iowa at the Office of the Linn County Recorder. 25. THAT PRIOR TO THE CITY'S ACCEPTANCE OF THE PUBLIC IMPROVEMENTS IN HEARTLAND HEIGHTS SECOND ADDITION, the DEVELOPER and/or any contractor or other agent employed by the DEVELOPER shall provide the CITY with a Four(4)year maintenance surety on all of the public infrastructure, including the public streets,that are part of the Heartland Heights Second Addition improvements. 26. As a form of Assurance to the CITY to complete the public improvements as part of the Heartland Heights First Addition, the DEVELOPER has provided to the CITY a Bank Letter of Credit (LOC) from Fairfax State Savings Bank in the Amount of$217,282.68 to cover costs for the unfinished public improvements within and adjacent to Heartland Heights Second Addition. As the DEVELOPER satisfactorily completes the Heartland Heights Second Addition public improvements,the DEVELOPER may submit requests to the CITY Council to reduce the amount of this letter of credit to align with the remaining costs necessary to complete the Heartland Heights Second Addition improvements. If the DEVELOPER fails to perform its obligations to complete the Heartland Heights Second Addition Public Improvements in a timely manner, the CITY will have the automatic right to draw on this letter of credit. 27. The public improvements for Heartland Heights Second Addition, and adjacent to and serving Heartland Heights Second Addition shall be completed by the DEVELOPER to the satisfaction of the CITY's Staff and the CITY's Engineer within 6 months from the date of this Agreement. Upon satisfactorily completing these public improvements,the CITY shall accept the Heartland Heights Second Addition public improvements and shall release the Fairfax State Savings Bank Letter of Credit. This release instrument will indicate that the public improvements have been accepted by the CITY and will release the DEVELOPER and the Real Estate from all obligations due under this Agreement. 28. If the DEVELOPER fails to complete the Improvements within the time period as provided in this Agreement, the CITY may cause the Improvements to be constructed in all respects as the CITY shall reasonably deem appropriate. The CITY shall utilize the Fairfax State Savings Bank Letter of Credit for all costs incurred by the CITY in completing the improvements. 29. The DEVELOPER shall be responsible for all expenses related to any and all damages to the public infrastructure, and other real property, and assumes all risk of loss to the public infrastructure contemplated by this agreement until the acceptance of the public improvements by the CITY. 30. Access to Lots 108 and 109 shall be restricted to Heartland Street only. These two Lots shall not have direct access to Beverly Road. 31. There shall be no parking along the south side of Heartland Street from the southeast property corner of Lot 99 to the northeast corner of Lot 99. 32. There shall be no parking along the north side of Heartland Street adjacent to Lot 117. 33. The Beverly Road Extension, which shall be located along the north side of Heartland Heights Second Addition in the City of Fairfax, Linn County, Iowa, and more particularly along the north side of Lots 108 and 109 of said Addition, shall be constructed at some time in the future. This Beverly Road Extension shall be constructed by the Developer as part of the overall Heartland Heights development. The DEVELOPER agrees to provide a signed Temporary Construction Easement Agreement to the CITY for grading of slopes to be done in conjunction with the improvements of Beverly Road adjoining Lots 108 and 109. This temporary construction easement shall be for the purpose of grading slopes and other necessary construction activities upon a portion of the real property of Lots 108 and 109 of Heartland Heights Second Addition as deemed necessary to improve Beverly Road. Said Temporary Construction Easement Agreement shall be provided to the DEVELOPER by the CITY at such time as the Beverly Road is about to be constructed. The DEVELOPER shall provide to the CITY executed Temporary Construction Easement Agreement(s) at no cost to the CITY. Within 20 feet of the north property line of Lots 108 and 109 (the south right-of-way line of Beverly Road),the DEVELOPER agrees to remove and replace any and all structures, fencing, landscaping, trees, shrubs, any vegetation other than standard turf grass, playground equipment, signs, or any other items that may be located within these Temporary Construction Easements. These temporary construction easements,and any improvements necessary within these easement located on Lots 108 and 109 for the construction of Beverly Road shall be completed at no cost to the CITY.These Temporary Construction Easements shall become void and terminate upon the CITY's acceptance of the Beverly Road Public Improvements adjacent to Lots 108 and 109. 34. THAT PRIOR TO THE ISSUANCE OF A FINAL CERTIFICATE OF OCCUPANCY, the DEVELOPER shall provide for a minimum of 4" of topsoil on each Lot, Lots 98 through 117 all inclusive, and Lot 'A'as well. 35. 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. 36. 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 said Lot 98 through Lot 117 all inclusive,shall transfer obligations of the DEVELOPER to the successor in interest. Dated: , 2018 IOWA LOT DEVELOPMENT, LLC Shane A. Schrader, Member Manager Bruce G. Sevig, Member—Manager STATE OF IOWA, COUNTY OF LINN) This instrument was acknowledged before me on this o74-�# day of Ci , 2018 by Shane A. Schrader, Member- Manager of Iowa Lot Development, LLC and by Bruce G. evi& Member— Manager of Iowa Lot Development, LLC DAVID R.STU'Is"Number E2 Notary Public in and for the Stat �a Ma 021 EXHIBIT"A" Part of the S 1/2 of the SW 1/4 of Section 4, T82N, R8W of the 5t" P.M., Part of Parcel 'A', Plat of Survey No. 2094, and all of Parcel'A' Plat of Survey No. 2234, in the City of Fairfax, Linn County, Iowa more particularly described as follows: Beginning at the Southwest Corner of Lot 79, Heartland Heights First Addition in the City of Fairfax, Linn County, Iowa; Thence S 8810'21"W along the South line of Parcel 'A', Plat of Survey No. 2094 and also being South line of Section 4, T82N, R8W a distance of 136.72 feet; Thence N 01'49'39"W a distance of 75.69 feet; Thence N 27°08'32" E a distance of 180.74 feet; Thence Northwesterly a distance of 104.73 feet; along the arc of a 230.00 foot radius curve concaved Northeasterly (Chord bears N 43°49'18"W a distance of 103.83 feet); Thence S 62°35'26"W a distance of 179.18 feet; Thence N 11'17'26"W a distance of 259.34 feet; Thence N 24°19'13"W a distance of 235.18 feet; Thence N 09°10'29"W along a West line of Parcel 'A' Plat of Survey No. 2234 in the City of Fairfax, Linn County, Iowa a distance of 368.13 feet; Thence N 01'01'52"W along a West line of said Parcel 'A' to the Northwest Corner of said Parcel 'A' a distance of 220.86 feet; Thence N 88°25'42" E along the North line of said Parcel `A' to the Northeast Corner of said Parcel 'A' a distance of 444.67 feet; Thence S 01'47'09" E along a East line of said Parcel 'A' a distance of 522.37 feet; Thence S 04°12'20" E along a East line of said Parcel 'A' to the Southeast Corner of said Parcel 'A' also being the Northwest Corner of Lot 75 of said Heartland Heights First Addition a distance of 104.01 feet; Thence S 08°37'34" E along the West line of said Lot 75 a distance of 102.81 feet; Thence S 08°25'53" E along the West line of Lot 76 of said Heartland Heights First Addition a distance of 103.70 feet; Thence S 00°03'37" E along the West line of Lots 77 &78 of said Heartland Heights First Addition to the Southwest Corner of said Lot 78 a distance of 190.74 feet; Thence Southeasterly along a South line of said Lot 78 a distance of 32.81 feet along the arc of a 170.00 foot radius curve concaved Northeasterly (Chord bears S 7202'59" E a distance of 32.76 feet); Thence S 07009'58"W along a West line of Lot 'B' and East line of said Lot 79 to the Point of Beginning a distance of 260.75 feet. Said Parcel contains 9.98 acres, subject to easements and restrictions of record.