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