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Indiana SubdivisionTHE CITY OF Dubuque DUB E '~' ._ ~ Masterpiece on the Mississippi 2007 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Indiana Subdivision DATE: March 31, 2009 The public improvements in Indiana Subdivision have been completed by the owner, KZ Investments, LLC. However, no maintenance bond or the security has been provided to date to secure the requirement of maintaining the public improvements for a period of two years. City Attorney Barry Lindahl recommends City Council approval of a resolution making the failure of KZ Investments, LLC to provide the required guarantees a matter of record. I concur with the recommendation and respectfully request Mayor and City Council approval. Mi hael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager THE CITY OF DUB E Masterpiece on the Mississippi BARRY LINDA CITY ATTORNE MEMORANDUM To: Michael C. Van Milligen City Manager DATE: March 31, 2009 RE: Indiana Subdivision Resolution No. 341-05, adopted on July 18, 2005, approved the Final Plat of Indiana Subdivision in the City of Dubuque, Iowa. The resolution required the owner, KZ Investments, LLC, to maintain the public improvements in Indiana Subdivision for a period of two years from the date of acceptance of those improvements and to secure the performance of that maintenance obligation by providing guarantees in such form and with such sureties as may be acceptable to the City Manager. The resolution also provided in Section 8 that in the event KZ Investments, LLC failed to furnish the guarantees required, the provisions of the resolution "shall be null and void and the acceptance of the dedication and approval of the plat shall not be effective." The public improvements in Indiana Subdivision have been completed. However, no maintenance bond or the security has been provided to date to secure the requirement of maintaining the public improvements for a period of two years. Efforts of the City Attorney's Office and the Engineering Department to require KZ Investments, LLC to provide the required security have been unsuccessful. I am therefore recommending that the City Council adopt the attached resolution making the failure of KZ Investments, LLC to provide the required guarantees a matter of record. BAL:tIs Attachment cc: Gus Psihoyos., City Engineer Ron Turner, Surveyor Brian Kane, Esq. F:\USERS\tsteckle\Lindahl\Indiana SubdivisionWlVM ResolutionGuaranteesNotProvided 033109.doc OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944 TELEPHONE (563) 583-4113 / FAx (563) 583-1040 / EMAIL balesq@cityofdubuque.org Preparers Barry A. Lindahl, Esq. Address: Suite 330, Harbor View Place, 300 Main Street, Dubuque, Iowa 52001-6944 Telephone: (5631583-4113 RESOLUTION NO. -09 DECLARING THAT THE PROVISIONS OF RESOLUTION NO. 341-05, APPROVING THE FINAL PLAT OF INDIANA SUBDIVISION, REQUIRING THAT CERTAIN MAINTENANCE GUARANTEES FOR THE PUBLIC IMPROVEMENTS THEREIN BE PROVIDED, HAVE NOT BEEN SATISFIED Whereas, Resolution No. 341-05 approved the Final Plat of Indiana Subdivision, recorded as Instrument Number 2005-15775; and Whereas, Resolution No. 341-05 required the owner, KZ Investments, LLC, to maintain the public improvements in Indiana Subdivision for a period of two years from the date of acceptance of those improvements and to secure the performance of such condition by providing guarantees in such form and with such sureties as may be acceptable to the City Manager; and Whereas, Resolution No. 341-05 provides that in the event KZ Investments, LLC fails to furnish the guarantees with 180 days after the date of the resolution, the provisions of the resolution shall be null and void and the approval of the plat shall not be effective; and Whereas, KZ Investments, LLC has failed to provide the required guarantees, and the City Council has determine that such failure should be made a matter of record. NOW, THEREFORE, BE IT RESOVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA AS FOLLOWS: Section 1. The City Council has determine that KZ Investments, LLC has failed to satisfy the requirement of Resolution No. 341-05 to provide a maintenance guarantee for the public improvements in Indiana Subdivision. Section 2. The City Clerk is hereby authorized and directed to record this resolution with the Dubuque County Recorder. Passed, approved and adopted this 6th day of April, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk F:\USERS\tsteckle\Lindahl\Indiana Subdivision\Resolution GuaranteesNotProvided 033109.doc