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JFK Road and Stoneman Road Right of Way PlatCity of Dubuque City Council Meeting Consent Items # 17. Copyrighted February 7, 2022 ITEM TITLE: JFK Road and Stoneman Road Right of Way Plat SUMMARY: City Manager recommending adoption of a resolution platting and acceptance of additional right of way from GreenState Credit Union (GSCU) at the intersection of JFK Road and Stoneman Road. RESOLUTION Approving the Acquisition Plat of Lot Aof Lot 1-1-1-2-2- 2-2-2 and of Lot 2-1-1-2-2-2-2-2 in the NE '/4 of the NE 1/4 of Section 28, T89N, R2E, in the City of Dubuque, Iowa SUGGESTED Suggested Disposition: Receive and File; Adopt Resolution(s) DISPOSITION: ATTACHMENTS: Description Type J FK Road and Stoneman Road Right of Way Plat- MVM Memo Staff Memo Resolution Dedication Plat Agreement City Manager Memo Staff Memo Resolutions Supporting Documentation Supporting Documentation THE C DUjIBQTE Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: JFK Road and Stoneman Road Right of Way Plat DATE: February 1, 2022 Dubuque WAWca 914 ii 2007-2012.2013 2017*2019 City Engineer Gus Psihoyos is recommending City Council adoption of a resolution platting and acceptance of additional right of way from GreenState Credit Union (GSCU) at the intersection of JFK Road and Stoneman Road. I concur with the recommendation and respectfully request Mayor and City Council approval. v Mic ael C. Van Milligen MCVM:sv Attachment cc: Crenna Brumwell, City Attorney Cori Burbach, Assistant City Manager Gus Psihoyos, City Engineer THE CITY OF DUB E Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer SUBJECT: JFK Road and Stoneman Road Right of Way Plat DATE: January 26, 2022 INTRODUCTION Dubuque AII•Aneries Ci$ 2007.2012*2013 2017*2019 This memo provides information regarding the platting and acceptance of additional right of way from GreenState Credit Union (GSCU) at the intersection of JFK Road and Stoneman Road. BACKGROUND Recently, GSCU had submitted preliminary plans to develop the site at the intersection of Stoneman Road and JFK Road. The subject property is the former Richardson Motors site. The proposed use at the site is a banking facility and commercial strip mall. A traffic study for the development was completed by GSCU and the results showed a need for certain offsite public roadway and intersection improvements, including a turning lane on Stoneman Road and a future turn lane on JFK Road due to the traffic impacts of the new businesses. The Agreement between the City and GSCU requires the developer to be responsible for the design and construction of certain offsite roadway improvement, including turn lanes and sidewalks, and to dedicate additional right of way on JFK Road and Stoneman Road to accommodate the projected traffic generated by the bank and strip mall sites. The City and GSCU have agreed that GSCU would pay for the costs of the grading for the future right turn lane on JFK Road. GSCU will be responsible for the offsite roadway improvements including the grading for a right turn lane for southbound JFK Road and all costs for the construction of a left turn lane for eastbound Stoneman Road, and all costs for the installation of a new pubic sidewalk along the subject property frontages. The City will design and construct all of the offsite roadway improvements, including the complete right turn lane on JFK Road, described above as part of the upcoming Stoneman Road Reconstruction CIP project (Spring/Summer 2022) and GSCU will reimburse the City for actual costs of the required improvements thru escrow and assessments. The Agreement stipulates that the required offsite roadway improvements must be completed prior to the opening of the bank or strip mall businesses. GSCU has executed the Agreement. On November 15, 2022, the City Council approved the agreement per Resolution No. 394-21. GSCU will also be responsible for their share of the cost of the rest of the Stone Road Reconstruction CIP project as per standard roadway reconstruction project assessment procedures. Once the sidewalks are installed, maintenance and repair will be the responsibility of the adjacent property owners per City ordinance. DISCUSSION Prior to further land divisions for development in this area and to accommodate the proposed intersection improvements, the additional right of way along JFK Rd. and Stoneman Road needs to be platted. This additional area has been coordinated with the developer of the property and taken into consideration during the design of the improvements at the intersection. Axiom Consultants has prepared an acquisition plat to provide right of way area for the proposed public intersection improvements. The areas being platted will be dedicated to the public for street right of way and utility purposes. RECOMMENDATION I recommend that the City Council approve the Acquisition Plat of Lot A of Lot 1-1-1-2-2- 2-2-2 and of Lot 2-1-1-2-2-2-2-2 in the NE'/4 of the NE'/4 of SECTION 28, T89N, R2E, in the City of Dubuque, Iowa, which provides additional right of way for the intersection of JFK Rd. and Stoneman Road by the adoption of the attached resolution. ACTION TO BE TAKEN I respectfully request approval of the Acquisition Plat of Lot A of Lot 1-1-1-2-2-2-2-2 and of Lot 2-1-1-2-2-2-2-2 in the NE'/4 of the NE'/4 of SECTION 28, T89N, R2E, in the City of Dubuque, Iowa, and acceptance of the dedication of said lot for street Right of Way and utility purposes, through the adoption of the enclosed resolution. Prepared by: Nate Kieffer, PE/PLS Cc: Bob Schiesl, Assistant City Engineer Jon Dienst, Civil Engineer Prepared by: Nate Kieffer City of Dubuque 50 W. 13" Street Dubuque IA 52001 (563) 589-4270 Return to: Nate Kieffer City of Dubuque 50 W. 13" Street Dubuque IA 52001 (563) 589-4270 RESOLUTION NO. 41-22 APPROVING THE ACQUISITION PLAT OF LOT A OF LOT 1-1-1-2-2-2-2-2 AND OF LOT 2-1-1-2-2-2-2-2 IN THE NE % OF THE NE '/4 OF SECTION 28, T89N, R2E, IN THE CITY OF DUBUQUE, IOWA Whereas, GreenState Credit Union is the owner of Lot 1-1-1-2-2-2-2-2 and of Lot 2-1-1-2-2-2-2-2 in the NE'/ of the NE'/ of SECTION 28, T89N, R2E, in the City of Dubuque, Iowa; and Whereas, per an Agreement between the City of Dubuque and GreenState Credit Union, approved by Resolution No. 394-21, GreenState Credit Union was to dedicate a portion of said lots to the City for Right of Way to accommodate certain public roadway improvements at the intersection of John F. Kennedy Road and Stoneman Road; and Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, an Acquisition Plat dated January 19, 2022 prepared by Axiom Consultants, describing Lot A of Lot 1-1-1-2-2-2-2-2 and of Lot 2-1-1-2-2-2-2-2 in the NE'/ of the NE'/ of SECTION 28, T89N, R2E, in the City of Dubuque, Iowa; and Whereas, said plat conforms to the laws and statutes pertaining thereto; and Whereas, upon said plat appears Lot A, which GreenState Credit Union, by said plat has dedicated to the public forever; and Whereas, the dedication of said lot as Right of Way is necessary for the accommodation of certain public roadway improvements at the intersection of John F. Kennedy Road and Stoneman Road. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat dated January 19, 2022 prepared by Axiom Consultants, relative to the real estate hereinabove described be and the same is hereby approved, and the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat and on behalf of the City of Dubuque, Iowa. Section 2. That the dedication of Lot A of Lot 1-1-1-2-2-2-2-2 and of Lot 2- 1-1-2-2-2-2-2 in the NE % of the NE'/ of SECTION 28, T89N, R2E, in the City of Dubuque, Iowa, for street Right of Way and utility purposes, be and the same are hereby accepted. Section 3. That the City Clerk be and is hereby authorized and directed to file said plat and certified copy of this resolution in the office of the Recorder, in and for Dubuque County, Iowa. Passed, approved and adopted this 7th day of February, 2022. Brad -'a'van Attest: Adrienne N. 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M ERR ma p=ZDDmO zzNpNOD 0 CAR A OxOp��D�zDo D m TnAL'2mOmo 1 m DE—00 RUANNnm Z_-14 c7 0 30 om m c O z mzzv •• c� c BORN i SHEET NAME: PROTECT NAME: DRAWING LOG ENGINEER'w LOT OF LOT 1-1-1-2-2-2-2-2 AND OF STONEMAN ROAD REV DESCRIPTION OF CHANGES DATE O m LOT 2-1-1-2-2-2-2-2, NE 1/4 OF NE 1/4 ROW ACQUISTION PLAT T p SECTION 28, T89 N, R2 E A�NloSULTAmNT. PROJECTNO.: OESIGNPRSIONAL OFESCLIENTNAME' 0 20-0132 BETTIS CITY OF DUBUQUE WWW.AXIOM-CON.COM 1 (319)519-6220 SURVEYOR'S CERTIFICATE I, Bradley Ray Geater hereby certify that I am a Professional Land Surveyor, licensed in compliance with the laws of the State of Iowa; that the Acquisition Plat for GreenState Place in the City of Dubuque, Iowa was performed by me or under my direct personal supervision; that the monuments shown thereon exist as required by the code of Iowa and that their location, size, type and material are accurately shown; and that the legal description of said plat is: LOT A, WITH SAID LOT BEING A PART OF LOT 1 OF LOT 1 OF LOT 1 OF LOT 2 OF LOT 2 OF LOT 2 OF LOT 2 OF LOT 2 OF THE NE 1/4 OF THE NE 1/4 OF SECTION 28, TOWNSHIP 89 NORTH, RANGE 2 EAST AND ALSO, A PART OF LOT 2 OF LOT 1 OF LOT 1 OF LOT 2 OF LOT 2 OF LOT 2 OF LOT 2 OF LOT 2 OF THE NE 1/4 OF THE NE 1/4 OF SECTION 28, TOWNSHIP 89 NORTH, RANGE 2 EAST IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA AND WHICH LOT A IS DESCRIBED AS; BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 1, THENCE S04057'18"E, 73.28 FEET ALONG THE WEST RIGHT OF WAY OF JOHN F KENNEDY ROAD AS PRESENTLY DEFINED; THENCE 235.62 FEET ALONG SAID WEST LINE ON A 955.00 FOOT RADIUS CURVE CONCAVE EASTERLY (CHORD BEARING S11 °34'09"E, 235.02 FEET) TO THE NORTH LINE OF STONEMAN ROAD AS PRESENTLY DEFINED; THENCE ALONG SAID NORTH LINE S89009'42"W, 456.76 FEET TO THE SOUTHWEST CORNER OF SAID LOT 2, THENCE ALONG THE WEST LINE OF SAID LOT 2 N00053'18"E, 8.50 FEET; THENCE N89009'42"E, 406.04 FEET; THENCE 36.77 FEET ALONG A 20.00 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY (CHORD BEARING N36°29'23"E, 31.81 FEET); THENCE 142.78 FEET ALONG A 975.50 FOOT RADIUS CURVE CONCAVE EASTERLY (CHORD BEARING N11°59'22"W, 142.65 FEET); THENCE N00027'41"W, 130.13 FEET TO THE NORTH LINE OF SAID LOT 1; THENCE ALONG SAID NORTH LINE N88020'40"E, 9.15 FEET TO THE POINT OF BEGINNING. DESCRIBED AREA CONTAINS 0.22 ACRES AND IS SUBJECT TO EASEMENTS AND OTHER RESTRICTIONS OF RECORD. ►►IL�Q`/���I�� I HEREBY CERTIFY ENT WAS PREPARED AND THE RELATED SURVEY T,PERSONALSU WORK WASPERFO MEDBYYMEORUNDERMYDIRECRVEYM ERVISION AND THAT I M A DULY ,�0,��'.1,P►►� • ,.••""' •�• SG��, LICENSED LAND SURVEYOR UNDER THE LAWS OF THE STATE OF IOWA. '�����v ���. •�: :'• BRADLEY rrn R. GEATER BRADLEY R. GEATER, P.LS., P.E. DA E 19828 ,•',o,���*'••/'•'••• LICENSE NUMBER 19828. .•• MYLICENSERENEWALDATEISDECEMBER31,2023. ,��� •, OW P �• 111;///1111►►►��� PAGES OR SHEETS COVERED BY THIS SEAL THISPLAT OWNER'S CONSENT Dubuque, Iowa The foregoing AQUISTION PLAT LOT A OF Part of LOT 1-1-1-2-2-2-2-2 and Part of Lot 2-1-1-2-2-2-2-2, OF THE NE 1/4 NE 1/4 OF SECTION 28, TOWNSHIP 89 NORTH, RANGE 2 EAST in the City of Dubuque, Dubuque County, Iowa is made with the free consent and in accordance with the desires of the undersigned owners and proprietors of said real estate. We hereby dedicate Lot A to the public for street and utility purposes. GreenState Credit Union By: Jeffrey Disterhoft Its: President/CEO STATE OF IOWA COUNTY OF JOHNSON This record was acknowledged before me on January 18, 2022 by Jeffrey Disterhoft as the President and CEO of GreenState Credit Union under authority of the GreenState Board of Directors Com iholm Num>IW i1= a llhollM �rCllyn IgOy,l: Iowa Notary Public My commission expires: I' Icy City of Dubuque Planning Services Dubuque, Iowa Date: Z6 2022 The foregoing AQUISTION PLAT LOT A OF Part of LOT 1-1-1-2-2-2-2-2 and Part of Lot 2-1-1-2-2-2-2-2, OF THE NE 1/4 NE 1/4 OF SECTION 28, TOWNSHIP 89 NORTH, RANGE 2 EAST in the City of Dubuque, Dubuque County, Iowa was reviewed and approved by the City of Dubuque Planning Service Department on the Date first written above. Planning Plar)fer for)' eCity of Dubuque, Iowa Page 2 of 4 City of Dubuque, Iowa Dubuque, Iowa The undersigned Mayor and %drirnnf BrfAi 14,,, Clerk of the City of Dubuque, Iowa do hereby certify that the foregoing AQUISTION PLAT LOT A OF Part of LOT 1-1-1-2-2-2-2-2 and Part of Lot 2-1-1-2-2- 2-2-2 OF THE NE % OF THE NE 1/4 OF SECTION 28, TOWNSHIP 89 NORTH, RANGE 2 EAST and the dedication of Lot A to the public for Street Right of Way (ROW) and Public Utilities as appears before has been filed on the 7k6 day of FPk,%,kar� , 2022 as Resolution Number LI 1— ,� A in the office of the City Council of Dubuque, Iowa approves said plat. --1 Dubuque, Iowa Mayor of the City of Dut-u que, Iowa � �42 Clerk of the City of Dubuque Iowa City Assessors' Certificate Date: FtL° I �' 2022 The foregoing AQUISTION PLAT LOT A OF Part of LOT 1-1-1-2-2-2-2-2 and Part of Lot 2-1-1-2-2-2-2-2, OF THE NE 1/4 OF THE NE 1/4 OF SECTION 28, TOWNSHIP 89 NORTH, RANGE 2 EAST in the City of Dubuque, Dubuque County, Iowa was entered and of record in the Office of the City Assessor of Dubuque, Iowa on the date first written above. City Assess of Dubuque, Iowa Dubuque County, Iowa Page 3 of 4 Dubuque, Iowa County Auditor Date: tab • 11 2022 The foregoing AQUISTION PLAT LOT A OF Part of LOT 1-1-1-2-2-2-2-2 and Part of Lot 2-1-1-2-2-2-2-2, OF THE NE 1/4 OF THE NE 1/4 OF SECTION 28, TOWNSHIP 89 NORTH, RANGE 2 EAST in the City of Dubuque, Dubuque County, Iowa was entered and of record in the Office of the City Assessor of Dubuque, Iowa on this (� day of 'T"� . 2022. Yri,. The Auditor has approved of the subdivision name or title to be recorded Auditor for Dubuque County Iowa Dubuque, Iowa Recorder's Certificate Date: " lVit" 2022 The foregoing AQUISTION PLAT LOT A OF Part of LOT 1-1-1-2-2-2-2-2 and Part of Lot 2-1-1-2-2-2-2-2, OF THE NE A OF THE NE 1/4 OF SECTION 28, TOWNSHIP 89 NORTH, RANGE 2 EAST in the City of Dubuque, Dubuque County, Iowa has been reviewed by the Dubuque County Recorder. John kw " Dubuque Couat rde IiA ►�Q Page 4 of 4 Prepared by: Nate Kieffer, City of Dubuque, 50 W. 13" Street, Dubuque, IA 52001 (563) 589-4270 Return to: Nate Kieffer, City of Dubuque, 50 W. 13" Street, Dubuque, IA 52001 (563) 589-4270 RESOLUTION NO. 41-22 APPROVING THE ACQUISITION PLAT OF LOT A OF LOT 1-1-1-2-2-2-2-2 AND OF LOT 2-1-1-2-2-2-2-2 IN THE NE 1/4 OF THE NE '/4 OF SECTION 28, T89N, R2E, IN THE CITY OF DUBUQUE, IOWA Whereas, GreenState Credit Union is the owner of Lot 1-1-1-2-2-2-2-2 and of Lot 2-1-1-2-2-2-2-2 in the NE'/ of the NE % of SECTION 28, T89N, R2E, in the City of Dubuque, Iowa; and Whereas, per an Agreement between the City of Dubuque and GreenState Credit Union, approved by Resolution No. 394-21, GreenState Credit Union was to dedicate a portion of said lots to the City for Right of Way to accommodate certain public roadway improvements at the intersection of John F. Kennedy Road and Stoneman Road; and Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, an Acquisition Plat dated January 19, 2022 prepared by Axiom Consultants, describing Lot A of Lot 1-1-1-2-2-2-2-2 and of Lot 2-1-1-2-2-2-2-2 in the NE'/ of the NE '/ of SECTION 28, T89N, R2E, in the City of Dubuque, Iowa; and Whereas, said plat conforms to the laws and statutes pertaining thereto; and Whereas, upon said plat appears Lot A, which GreenState Credit Union, by said plat has dedicated to the public forever; and Whereas, the dedication of said lot as Right of Way is necessary for the accommodation of certain public roadway improvements at the intersection of John F. Kennedy Road and Stoneman Road. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat dated January 19, 2022 prepared by Axiom Consultants, relative to the real estate hereinabove described be and the same is hereby approved, and the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat and on behalf of the City of Dubuque, Iowa. Section 2. That the dedication of Lot A of Lot 1-1-1-2-2-2-2-2 and of Lot 2- 1-1-2-2-2-2-2 in the NE'/ of the NE Y4 of SECTION 28, T89N, R2E, in the City of Dubuque, Iowa, for street Right of Way and utility purposes, be and the same are hereby accepted. Section 3. That the City Clerk be and is hereby authorized and directed to file said plat and certified copy of this resolution in the office of the Recorder, in and for Dubuque County, Iowa. Passed, approved and adopted this 7th day of February, 2022. Brad avanagh, Mayor Attest: ate' Adrienne N. Breitfelder, City Clerk CERTIFICATE of the CITY CLERK STATE OF IOWA SS: COUNTY OF DUBUQUE ) I, Adrienne N. Breitfelder, City Clerk, do hereby certify that I am the duly appointed, qualified, City Clerk of the City of Dubuque, Iowa, in the County aforesaid, and as such City Clerk, I have in my possession or have access to the records of the proceedings of the City Council. I do further state that the hereto attached Resolution No. 41-22 is a true and correct copy of the original. In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque, Iowa. Dated at Dubuque, Iowa, on this 8th day of February, 2022. 1" f4,0 L - Adrienne N. Breitfelder, City Clerk Prepared by: R. Nate Kieffer City of Dube ue 50 W. 13th Street Dubuque, IA 52001 563 589-4270 Return to Adrienne N. Breitfelder, City Clerk, 50 W. 131h St., Dubuque, IA 52001, (563) 589-4100 RESOLUTION NO. 394-21 APPROVING AN AGREEMENT FOR CONSTRUCTION OF ROADWAY IMPROVEMENTS ON STONEMAN ROAD AND JFK ROAD BETWEEN THE CITY OF DUBUQUE, IOWA AND GREENSTATE CREDIT UNION WHEREAS, the City of Dubuque is party to an Agreement with GreenState Credit Union for construction of public roadway improvements on Stoneman Road and JFK Road; and WHEREAS, the City of Dubuque has determined that the project will require certain improvements to the public right of way and GreenState Credit Union agrees that such improvements are reasonable and necessary; and WHEREAS, the City of Dubuque has reviewed and approved the preliminary design and construction plans for said public roadway improvements as required by the Agreement; and WHEREAS, GreenState Bank Credit Union has executed the Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Agreement attached hereto is hereby approved. Section 2. The City Manager is authorized and directed to execute the Agreement on behalf of the City of Dubuque PASSED, APPROVED, AND ADOPTED this W1 day of November, 2021. 0 &'/ Roy D. ol, Mayor ATTEST: *""' ✓r &4& Adrienne N. Breitfelder, tity Clerk AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND GREENSTATE CREDIT UNION This Agreement (the Agreement), dated for reference purposes the ceday of 2021, is made and entered into by and between GreenState Credit Union (GSCU) and the City of Dubuque, Iowa (City). Whereas, GSCU is the owner of the property legally described as: Lot 1 of Lot 1 of Lot 1 of Lot 2 of Lot 2 of Lot 2 of Lot 2 of Lot 2, and Lot 2 of Lot 1 of Lot 1 of Lot 2 of Lot 2 of Lot 2 of Lot 2 of Lot 2, both of the NE 1 /4 of the NE 114 of Section 28, Township 89 North, Range 2 East of the 5th P.M., in the City of Dubuque, Iowa, according to the recorded plat thereof and as shown on Exhibit A (the Real Estate); and Whereas, GSCU desires to develop the Real Estate for a two -lot commercial development (the Development Project); and Whereas, City has determined that the Development Project will require certain improvements to the public right of way of John F. Kennedy Road and Stoneman Road as set forth herein (the Required Improvements) and GSCU agrees that such improvements are reasonable and necessary, and Whereas, City is planning to design and reconstruct Stoneman Road as part of an upcoming CIP project; and Whereas, City is willing to allow the construction of the Development Project on the Real Estate subject to the conditions set forth herein. NOW, THEREFORE, IT IS AGREED BY AND BETWEEN GSCU AND CITY AS FOLLOWS: SECTION 1. CITY OBLIGATIONS. 1.1 Design and construct a new right turn lane on John F. Kennedy Road from John F. Kennedy Road to Stoneman Road, shown conceptually in Exhibit B. 1.2 Design and reconstruct Stoneman Road, including the addition of a new left turn lane from Stoneman Road to John F. Kennedy Road, shown conceptually in Exhibit B. 1.3 Construct the sidewalks within the GSCU John F. Kennedy Road right-of-way and along Stoneman Road, conceptually shown in Exhibit B. 1.4 Assess GSCU for: A. 100% of the actual cost for engineering and grading of the new right turn lane on John F. Kennedy Road from John F. Kennedy Road to Stoneman Road. B. 100% of the actual cost for engineering and construction of the new left turn lane on Stoneman Road from Stoneman Road to John F. Kennedy Road. C. 100% of the actual costs for engineering and installation of sidewalks abutting GSCU's property along Stoneman Road and John F. Kennedy Road. D. The proproational share of the costs for engineering and reconstruction of the existing portion of Stoneman Road as part of a larger City street reconstruction assessment project allocated to GSCU. E. Any necessary utility connections, if applicable. SECTION 2. GSCU OBLIGATIONS. 2.1 Consent to an assessment by the City for the items outlined in Section 1.4. 2.2 Dedicate right-of-way for streets and utilities to the City as shown on Exhibits A and B. 2.3 GSCU shall escrow an amount equal its preliminary assessment upon execution of this agreement. Upon receipt of the final assessment GSCU shall pay its assessment from the escrow as outlined on the assessment document. 2.4 GSCU is responsible for the costs of any necessary utility connections for its project. 2.5 GSCU will not receive a certificate of occupany for the Development Project until all of the improvements outlined in Section 1.1, 1.2 and 1.3 above are complete. SECTION 3. BINDING ON SUCCESSORS AND ASSIGNS. This Agreement is binding upon the parties hereto and their successors and assigns. SECTION 4. CITY COUNCIL APPROVAL REQUIRED. This Agreement is subject to final approval by the City Council in its sole discretion. SECTION 5. INDEMNIFICATION FROM THIRD PARTY CLAIMS. To the fullest extent permitted by law, GSCU shall defend, indemnify and hold harmless City, its officers and employees, from and against all claims, damages, losses and expenses 2 claimed by third parties, but not including any claims, damages, losses or expenses of the parties to this Agreement, including but not limited to attorneys' fees, arising out of or resulting from the performance of this Agreement, provided that such claim, damages, loss or expense is attributable to bodily injury, sickness, disease or death, or injury to or destruction of property, including loss of use resulting there from, but only to the extent caused in whole or in part by the negligent acts or omissions of GSCU, or anyone directly or indirectly employed by GSCU, or anyone for whose acts GSCU may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. CITY OF DUBUQUE, IOWA By: Michael/C. Van Milligen City Manager Date: 3 GREENSTATE CREDIT UNION By:,r�---4 Name: Its: VP - Date: EXHIBIT A PLAT AUDITOR'S PARCELS CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA LEGEND O SET3/4"0 PIPE OPC 19828 x SETCUT • FOUND PROPERTY CORNER -AS LABELED we ORANGEPLASnCCAP - EXISTING PROPERTY LINE PROPOSED BOUNDARY/PROPERTY LINE — — — — PROPOSED EASEMENT INI PREVIOUSLY RECORDED AS LEGAL DESCRIPTION LOT 1-1-2-3.2-1.2 OF THE NE1/4 NE3/4 OF SECTION 28-T89N-R3E, AS RECORDED IN BOOK 35 PAGEW2 OF THE DUBUQUE COUNTY RECORDER'S OFFICE. ANAL LEGAL TO BE DETERMINED AFTER CITY REVIEW. STONEMAN ROAD 5 FOR RLCORMRS USE ONLY RA.OE... DxNry NRUUBB o ZP O� m 7 V o �ZU p o lJo OU.R.FRSCCT ZxCV1NFW ONRunuF rorvwox: WA OCR: WA LDTar RAxD �inTTATLalmlrmxx IxLxsTFPn aNNULTAxrxLlr,nBK4�x9.u�L3 ARFD Nwm,usmx-Rlxn9sss.4:m mczo mcmmmm0 mm LOCATION MAP -NOT TO SCALE I PLAT PREPARED BY: OWNER/SUBDUADER: SUBDINDERR—SA70RNEY: xoRTx ux[Rrv.IrnvAsxnT GROEXATECREDITUNION OT A 0.22 AC 9,3775F NOTES 1. LOTA TO BE DEDICATED TO CITY OF DUBUQUE AS RIGHT OF WAY. i.B45150FBWRINGISGPSMEASUREMENTSIN THE IOWA PLANE COORDINATE SYSTEM NORTH ZONE NAD 83. 3. UNLESS NOTED OTHERWISE, ALL DIMEN90NS AREINFEETANDHUNDREDTHS 4. ERROR OFCLOSURE IS LESSTHAN I IN 10,000. BRADL�' DRAFT R. GFATER A� uuan 19838 .; � ry wwi� -"*da Loa NxewxonNoxwxuiroz�. �I 1 OF 1 EXHIBIT B ROADWAY AND SIDEWALK IMPROVEMENTS GENERAL NOTES: EXHIBIT B xohDo,xER-E.,xEloxR N«x,..xLxaPOM�N�FoxPxoh�,w�.wa<Lx<P.aoLwr k o. sxuLxlxnaowwxcEwrtxsrAnwmE uxsoNosslDxnxosPtaxuncxs DuoAs�wamtivEmLwAP vanxcwixoaircsswumExrnL on xcwors, F. n r'a `:: °:m .:w..I H�L, ouM�Exq n aLreE, .l-o®�PRIORroPERFmmre xrwDE,xaxDx PRoreNx ...na 111 oxENPoRERox� xx�oreEx.Eo xo,m.roRN WNwxD� ERwxE.—NINNI—IIE ,. �°nxaNOw�IawA�..xNR�xnROR�oEa.MmExF.IEUP�EM��.xo,�R x, iF,or.xLAxnaPArzoww.samuw. mecwRRAcrmsxNu maoixnnwwsaeoumsNS Reoumeo.Amlremum or.axau �, rrzR,u�o�asmEwA eouaacEomxwramu INAlMm,mEcoxRmcrasxuLRunow; MIE1.1- E.I. 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