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Subdivision Development Agreement for a Portion of Silver Oaks EstatesCopyrighted May 18, 2020 City of Dubuque Consent Items # 10. ITEM TITLE: Subdivision Development Agreement for a Portion of Silver Oaks Estates SUMMARY: City Manager recommending approval of a Subdivision Development Agreement with developer Royal Oaks Development Corporation for construction of public improvements and the dedication of public street right-of- way and associated easements in Silver Oaks Estates in the City of Dubuque. SUGGESTED DISPOSITION: RESOLUTION Approving a Subdivision Development Agreement for a portion of Silver Oaks Estates between the City of Dubuque, Iowa and Royal Oaks Development Corporation Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS: Description Type Silver Oaks Subdivision Development Agreement-MVM City Manager Memo Memo Staff Memo Staff Memo Resolution Resolutions Agreement Supporting Documentation Masterpiece on the Mississippi Dubuque bitil All-A.aia City 111111 2007.2012.2013 2017*2019 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Subdivision Development Agreement for a Portion of Silver Oaks Estates at Elmwood Drive and Silver Oaks Drive DATE: May 10, 2020 City Engineer Gus Psihoyos recommends City Council approval of a Subdivision Development Agreement with developer Royal Oaks Development Corporation for construction of public improvements and the dedication of public street right-of-way and associated easements in Silver Oaks Estates in the City of Dubuque. I concur with the recommendation and respectfully request Mayor and City Council approval. /.. Mic ael C. Van Milligen MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Teri Goodmann, Assistant City Manager Cori Burbach, Assistant City Manager Gus Psihoyos, City Engineer Masterpiece on the Mississippi Dubuque abides City Whr ANAL llI N.iF 2007.2012,2013 2017*2019 TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer SUBJECT: Subdivision Development Agreement for a Portion of Silver Oaks Estates at Elmwood Drive and Silver Oaks Drive DATE: May 7, 2020 INTRODUCTION This memo provides information regarding the approval of a Subdivision Development Agreement with developer Royal Oaks Development Corporation (RODC) for construction of public improvements along a portion of Silver Oaks Drive in the City of Dubuque. BACKGROUND In June of 2019, and per Resolution 210-19, the City annexed an area which includes 13 platted lots with frontage along Silver Oaks Drive and 2 platted lots with frontage on Elmwood Drive. The developer, RODC, now wishes to bring the subdivision improvements in this area up to City of Dubuque standards and dedicate the improvements as well as the right of way of Silver Oaks Drive and all associated public easements to the City of Dubuque for ownership and maintenance by the City. A Subdivision Development Agreement has been prepared to set forth the terms and conditions for the construction of the improvements, dedication of the improvements, dedication of right of way and easements, and providing for the warranty/guarantees on the dedicated public improvements. DISCUSSION The developer plans to construct and provide, at their cost, subdivision improvements including streets with longitudinal subdrains and concrete curb and gutter, a paved cul- de-sac, sanitary sewer mains, water mains, a storm water detention basin, storm sewers and catch basins, boulevard street lighting, fiber optic conduit and vaults, accessible sidewalk ramps, concrete sidewalks, and appropriate erosion control devices, to the site and will need to construct and carry out any other activities associated with the project in accordance with City plans and specifications. Some of these public improvements, including water main, sanitary sewer, storm water detention basin, and street pavement were installed prior to the development agreement and were not inspected by City staff. The developer will be required to provide a 10 year warranty on these items. Upon completion of the project, the developer will dedicate to the public project improvements, street right of ways, storm water detention basin lot, and associated easements to the City of Dubuque. City staff has reviewed and approved the design and construction plans and has reviewed and approved the dedication of right of way and easement plats, for said public improvements as required by the Subdivision Development Agreement. Royal Oaks Development Corporation has executed the attached Subdivision Development Agreement. The agreement requires RODC to provide a 2-year warranty on all new improvements and a 10-year warranty on all improvements previously constructed in the county. RECOMMENDATION I recommend that the City Council approve the Subdivision Development Agreement with RODC for construction of public improvements and the dedication of public street right of way and associated easements over Lots 31 through 42, inclusive, of Silver Oaks Estates, and a portion of Lot A of Silver Oaks, in the City of Dubuque, by the adoption of the attached resolution. ACTION TO BE TAKEN I respectfully request approval of the Subdivision Development Agreement with RODC for construction of public improvements and the dedication of public street right of way and associated easements in Silver Oaks Estates through the adoption of the enclosed resolution. Prepared by: Nate Kieffer, PLS cc: Wally Wernimont, Planning Services Manager John Klostermann, Public Works Manager 2 RESOLUTION NO. 148-20 APPROVING A SUBDIVISION DEVELOPMENT AGREEMENT FOR A PORTION OF SILVER OAKS ESTATES BETWEEN THE CITY OF DUBUQUE, IOWA AND ROYAL OAKS DEVELOPMENT CORPORATION WHEREAS, the City of Dubuque is party to a Subdivision Development Agreement with Royal Oaks Development Corporation, dated April 22, 2020, for construction of public improvements and the dedication of public street right of way and associated easements over Lots 31 through 42, inclusive, of Silver Oaks Estates, and a portion of Lot A of Silver Oaks, in the City of Dubuque.; and WHEREAS, the developer desires to construct and provide subdivision improvements including streets with longitudinal subdrains and concrete curb and gutter, a paved cul-de- sac, sanitary sewer mains, water mains, a storm water detention basin, storm sewers and catch basins, boulevard street lighting, fiber optic conduit and vaults, accessible sidewalk basins, boulevard street 11 fiber GI N and VUNILJ accessible IA/ V sidewalk ramps, concrete sidewalks, and appropriate erosion control devices, to the site and will need to construct and carry out any other activities associated with the project in accordance with City plans and specifications; and WHEREAS, upon completion of the project, the developer wishes to dedicate the public Project improvements, street right of ways, storm water detention basin lot, and associated easements to the City; and WHEREAS, the City of Dubuque has reviewed and approved the design and construction plans, and has reviewed and approved the dedication of right of way and easement plats, for said public improvements as required by the Subdivision Development Agreement; and WHEREAS, Royal Oaks Development Corporation has executed the Subdivision Development Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Subdivision Development Agreement attached hereto is hereby approved. Passed, approved, and adopted this 18th day of May 2020. ACV �J f Roy D. Buol, Mayor Attest: Kevi{ S. Firnstah(, 6ity Berk SUBDIVISION DEVELOPMENT AGREEMENT FOR SILVER OAKS ESTATES BETWEEN THE CITY OF DUBUQUE, IOWA AND ROYAL OAKS DEVELOPMENT CORPORATION This Subdivision Development Agreement (Agreement) is made and entered into this 22nd day of April, 2020, by and between the City of Dubuque, Iowa, an Iowa municipal corporation (City), and Royal Oaks Development Corporation, an Iowa Corporation (Developer). WHEREAS, Developer is the owner of the real estate legally described as Lots 31 through 42, inclusive, of Silver Oaks Estates, and Lot A of Silver Oaks in the City of Dubuque, Iowa, located at the intersection of Elmwood Drive and Silver Oaks Drive (Site); and WHEREAS, Developer desires to construct and provide subdivision improvements including streets with longitudinal subdrains and concrete curb and gutter, a paved cul- de-sac, sanitary sewer mains, water mains, a storm water detention basin, storm sewers and catch basins, boulevard street lighting, fiber optic conduit and vaults, accessible sidewalk ramps, concrete sidewalks, and appropriate erosion control devices, to the Site (Project) and will need to construct and carry out any other activities associated with the Project in accordance with City plans and specifications; and WHEREAS, upon completion of the project, Developer wishes to dedicate the Project improvements, street right of ways, storm water detention basin lot, and associated easements to the City. NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS: SECTION 1. GENERAL CONDITIONS. 1.1 Developer initially began work on the previously installed public improvements (subject to Section 4.3 herein) in August of 2019 and Developer will begin the work on the Project (excluding the previously installed public improvements) in April 2020. The Project will be substantially completed by August 1, 2021. An initial plan for the Project is attached as Exhibit 1. 1.2 Work on the Project (except for the previously installed public improvements which are subject to Section 4.3 herein) may not commence until this Agreement is executed by Developer and City, Developer has obtained and submitted copies to City of all applicable licenses and permits, Developer has obtained all required bonds or other acceptable form of security, final design plans have been reviewed and approved by City, and Developer had paid all applicable inspection fees. 1 1.3 Developer is responsible and will pay for all costs related to the Project, including but not limited to, recording fees, construction costs, connection fees and inspection fees. SECTION 2. PLANS AND PERMITS. 2.1 Developer must obtain and submit to the City copies of all applicable permits necessary for the Project prior to commencing work. 2.2 Developer must obtain all applicable permits and licenses required for working in the City, County, and State right-of-ways, including but not limited to Application to Perform Work Within State Highway Right -of -Way. 2.3 Developer must submit to the City final design plans for the Project prior to commencing work. The City will review and approve such plans before work on the Project commences. If such plans are not approved, City will provide feedback regarding the modifications necessary for approval. SECTION 3. SECURITIES AND INSPECTION FEES. 3.1 Developer must obtain a construction bond or other suitable security for one hundred ten percent (110%) of the estimated total construction cost of the Project. 3.2 After the project is deemed substantially complete by City, Developer must obtain a maintenance bond or other acceptable security for twenty-five percent (25%) of the estimated total construction cost of the Project. Developer must maintain this maintenance bond for two (2) years after date that the City Council accepts the completed Project, except as specified in Section 4.3 below SECTION 4. INSPECTIONS AND ACCEPTANCE. 4.1 The City will inspect any yet to be constructed Project improvements throughout its implementation and at its completion to ensure compliance with the approved plans and specifications. Developer must pay to the City an inspection fee in the amount of three percent (3%) of the Three Hundred Twelve Thousand Five Hundred Fifty -Two Dollars and 69/100 ($312,552.69) estimated remaining construction cost for the yet to be constructed Project improvements. Developer will provide testing and inspection reports for previously installed public improvements as per Section 4.3 below. 4.2 The City will conduct a final inspection upon the completion of the Project. If the inspection establishes that the Project has been completed in accordance with the approved plans and City requirements and specifications, the Project will be accepted by City Council. 4.3 Previously Installed Public Improvements. Developer shall be responsible for meeting all requirements shown in Exhibit 3 for any improvements installed prior to the date of this agreement that are to be dedicated to the City for ownership and maintenance. 2 This includes the requirement for providing the City with 10-year securities, in the form of a Letter of Credit, for all items previously constructed. City reserves the right to add any testing requirements for acceptance of improvements as it deems necessary. All reporting, documentation, and testing requirements will be to the exclusive satisfaction of City. SECTION 5. DEDICATION OF STREET RIGHT OF WAY, EASEMENTS, AND STORM WATER DETENTION BASIN PROPERTY. 5.1 Developer must provide the dedication of Street Right of Way of Silver Oaks Drive and Cul-De-Sac by Right of Way Acquisition Plat as shown on Exhibit 1-A. Developer is responsible for acquiring consent from any other owners in interest, including but not limited to the Silver Oaks Homeowners Association (Association), for said Street Right of Way property as necessary. 5.2 Developer must provide the dedication of Utility Easements and Drainage Easements (as deemed necessary by City) by Grant of Easement as initially shown on Exhibit 1-B. Developer is responsible for acquiring consent from any other owners in interest, including but not limited to the Silver Oaks Homeowners Association (Association), for said easements as necessary. 5.3 Developer shall convey Lot 37 of Silver Oaks Estates to City for a storm water detention basin. Method of conveyance shall be by Warranty Deed. 5.4 Developer shall provide to City, a current title and lien search for all property to be dedicated or conveyed to City as right of way, easement, or storm water detention basin lot. Property to be dedicated or conveyed will be free and clear of all liens, mortgages, security interests, and encumbrances. SECTION 6. SITE IMPROVEMENTS 6.1 The owners of said property herein named (Developer), execute their written acceptance of the attached conditions and further agree: (a) To reduce Silver Oaks Drive to grade and to construct longitudinal sub -drain, concrete curb and gutter with Portland Cement concrete pavement with integral curb, and cul-de-sac, all in accordance with the City of Dubuque standard specifications in a manner acceptable to the City Engineer, in conformance with construction improvement plans approved by the City Engineer, and inspected and approved by the City Engineer. Developer shall be responsible for providing all inspection reports and testing of any previously installed improvements to be dedicated to the City for ownership and maintenance, including but not limited to, pavement cores, core strength testing, soil borings, utility pressure testing, mandrel testing, and televising. All testing requirements will be to the exclusive 3 satisfaction of City in order to determine if existing improvements meet current City standards for ownership and maintenance of existing/previously installed improvements. (a.1 Temporary Cul-De-Sac alternate) That the owner must maintain the temporary cul-de-sac on Silver Oaks Drive, except for snow removal and deicing, until such time as the construction of Phase 2 (Subdivision and development of Lot A) of the subdivision begins or owner designs and constructs permanent cul-de-sac improvements to current City Standards and dedicates said improvements and an appropriate right of way to the City. (b) To install sanitary sewer mains and sewer service laterals into each individual lot, water mains and water service laterals into each individual lot, storm water detention basins, storm sewers and catch basins, street lighting, fiber optic conduit and vaults, and erosion control devices all in accordance with the City of Dubuque standard specifications in a manner acceptable to the City Engineer, and in accordance with construction improvement plans approved by the City Engineer, and inspected and approved by the City Engineer. (c) To construct accessible sidewalk ramps at each intersection and street crossings in accordance with City of Dubuque Standards and Specifications, all in a manner acceptable to the City Engineer, and in accordance with the construction improvement plans approved by the City Engineer, and inspected and approved by the City Engineer. (d) To construct concrete sidewalk across Lot 37 along the frontage of Silver Oaks Drive in accordance with City of Dubuque Standards and Specifications, all in a manner acceptable to the City Engineer, and in accordance with the construction improvement plans approved by the City Engineer, and inspected and approved by the City Engineer. (e) To construct the improvements outlined in (a), (b), (c), and (d), above within two years from the date of acceptance of this resolution, at the sole expense of the owners, or future owner. Developer shall dedicate the public improvements to City for ownership and maintenance. (f) To maintain the public improvements outlined in (a), (b), (c) and (d) above for a period of two (2) years from the date of the acceptance of those improvements by the City Council of the City of Dubuque, Iowa, at the sole final expense of the owners, or future owner, except as specified in Section 4.3 and Exhibit 3 herein. (g) To provide security for the performance of the foregoing conditions specified in this Section in such form and with such sureties as may be acceptable to the City Manager of the City of Dubuque, Iowa. (h) That sidewalk installation shall be the responsibility of each lot owner for each lot abutting the public rights -of -way, including lots with multiple frontages, as required by City Code Chapter 10-1-2 (Sidewalk Installation and Repair). (i) That the owner must construct and maintain erosion control devices on the Site which control erosion and prevent sediment from leaving the site. The owner shall also be responsible for maintenance of the detention facility located on the Site until 80% of the lots in the Site area, which drain into said detention facility, have been fully developed and adequate erosion control measures, as approved by the City Engineer, have been installed on the remaining 20% of said lots. Until the above 80% of lots on the Site are developed, maintenance of the detention facility in Lot 37 of Silver Oaks Estates shall include the removal of sediment and other debris caused by construction activities on the Site and reshaping and reseeding of the disturbed areas. After said 80% lots on the Site are developed, inspection, administration, and maintenance expenses incurred by the City of Dubuque for the storm water detention facility on Lot 37 of Silver Oaks Estates shall be assessed against the property owners, except the City of Dubuque, in Silver Oaks Estates, as indicated on the preliminary plats thereof, in equal amounts. The City Manager shall certify such costs to the City Clerk, who in turn shall promptly certify such costs to the Dubuque County Treasurer, and such costs shall then be collected with and in the same manner as general property taxes in accordance with provisions of law. Developer shall be responsible for any amendments to the Association's Covenants that are necessary in relation to said assessments. (j) That the planting of street trees shall be coordinated with the City Forester. Any trees planted within the street right-of-way must be chosen and planted by the City of Dubuque Leisure Services Department at the developer's expense. (k) That the final acceptance of the public improvements shall only occur upon certification of the City Engineer to the City Council that the public improvements have been completed in accordance with the approved improvement plans and City standards and specifications and accepted by City Council Resolution. (I) That in the event Royal Oaks Development Corporation fails to furnish the securities and inspection fees provided hereof within 180 (m) days after the date of this agreement, the provisions hereof shall be null and void. Per the request of Developer, City will mark/sign the north side of Silver Oaks drive within the Project limits as "no -parking" after street construction is complete. SECTION 7. INSURANCE AND INDEMNIFICATION. 7.1 Developer agrees to hold harmless and indemnify City, and its officers, agents and employees, against any and all claims, actions, demands, losses, liabilities or legal expenses that may arise on account of injury to any person or damage to any property occurring in connection with the Project. This indemnification includes, but is not limited to, any liability or obligation of the City arising from any claim by Developer or any person, firm, or corporation providing services for Developer in connection with the Project. 7.2 At all times during the Project, from commencement of work to acceptance by the City of the Project, any contractors or subcontractors hired by Developer to perform work on the Project must comply with the insurance requirements set forth in the Insurance Schedule A, attached as Exhibit 2. SECTION 8. MISCELLANEOUS. 8.1 This Agreement may not be assigned without the prior written permission of the City. Such written approval will not be unreasonably withheld. 8.2 This Agreement represents the entire Agreement between the parties. There are no verbal additions to this Agreement, and all amendments, additions or changes to this Agreement must be in writing and agreed to by both parties. 8.3 All covenants, conditions, and provisions of this Agreement will inure to the benefit of and be binding upon the parties hereto and their respective successors, heirs and assigns. 8.4 This Agreement is governed by the laws of the State of Iowa and venue for any action arising from or related to this Agreement will be in the District Court of Iowa, Dubuque County, Iowa. 8.5 If any term of this Agreement is found to be void or invalid, such invalidity will not affect the remaining terms of this Agreement, which will continue in full force and effect. 8.6 All Riders and Exhibits attached hereto form material parts of this Agreement. 8.7 The future subdivision and development of Lot A of Silver Oaks Estates will be required to completed pursuant to the current version of the Unified Development Code, SUDAS, and all other applicable City codes and standards, current as of the time the 6 plans are submitted and improvements are made, for review and approval of any property subdivision, platting or public improvements plans. 8.8 This agreement is subject to the approval of the Dubuque City Council. 8.9 All notices and correspondence related to this Agreement must be sent to the following: If to Developer: If to City. Royal Oaks Development Corporation Attention: A.J. Spiegel, President 50 MI-T-M Drive P.O. Box 50 Peosta, IA 52068 lolly VI LJuuutAuc, IUYYa Attention: Gus Psihoyos, City Engineer 50 West 13th Street Dubuque, Iowa 52001 CITY OF DUBUQUE, IOWA By: Michael C. Van Milligen City Manager State of Iowa County of Dubuque D,5,„ ) ss: On this ZZ�r'day of /q/r2/L2020, before me, a Notary Public in and for said state, personally appeared Michael C. Van Milligen, to me known to be the person(s) named in and who executed the foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. N `---rit.t 2t • j C _-3 Notary Public in the State of Iowa My Commission expires: M#Y Z 4ZOz Z RUSSELL N KIEFFER 2. commission Number 778626 My Commission Expires Ma V 24, 2022 7 ROYAL OAKS DEVELOPMENT CORPORATION By. A.J. Spiijgel Its: President State of Iowa ) ss: County of. Dubuque ) On this SCIA. day of /, 2020, before me, a Notary Public in and for said state, personally appeared A.J. Spiegel, to me known to be the person(s) named in and who executed the foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. 4 Notary l&lic in the State of Iowa My Commission expires: S/t2 8 THOMAS J ALLENDORI'- Notdrlalseal • Io*a 0 4 . . Commission • 71'872 t My;CommIsslon Explres _AV9 4.,3 i • _ 4.-4— .. 4 y _.+ -. .1.; s., - .. 4 EXHIBIT 1 SILVER OAKS ESTATES INITIAL CONSTRUCTION PLAN FISK, ,sr: .99 0, .91910C .15 • DzolzDri L,„ OVERVIEW PLANI 7019 IUBDIVISION IMPROVEMENTS SILVER...XS ESTATES 7,071.1E. IOWA P,V.P0979.797.9.17.1 0,470 .9.171-99 RK .1111% CMG 9 EXHIBIT 1-A SILVER OAKS ESTATES INITIAL RIGHT OF WAY DEDICATION EXHIBIT PREPARED BY: MICHAEL J. WEBER, VEBER SURVEYING, LLC, 26789 46TH AVE, BERNARD, IA 52032 (563) 879-4173 Index Legend Location: Lot B, Silver Oaks Estates, Dubuque, IA Requestor: A. J, Spiegel Proprietor: Royal Oaks Development Corporation Surveyor: Michael J, Weber Surveyor Company: Weber Surveying, LLC & Return To: 26789 46th AVE, Bernard, IA 52032 njweberlebernardtel.con 563-590-4993 n \ / LOT 37 AA OF//.5 BR N LOTL3D7 7 56 RDW=0.19 AC / z'e 49 / //. // P,O,B, • LOT 2 WALTER METCALF PLACE (PLAT DOC. 1987-7436> EXISTING 30' OVERLAND DRAINAGE & UTILITY EASEMENT • • L5 ti sIc / LOT 36 (0, t/ CITY OF DUBUQUE ACQUISITION PLAT PLAT OF SURVEY OF LOT B OF SILVER OAKS ESTATES IN THE CITY OF DUBUQUE, IOWA COUNTY DUBUQUE PARCEL NO. NA JOB NE. NA PROJECT NO, NA SECTIEN 23 TWP 8BN RANGE 2E ROW FEE SEE BELOW EXIST. ROAD NA PERM. EASEM'T NA LEGAL DESCRIPTION, LOT B, SILVER OAKS ESTATES, CITY OF DUBUQUE OWNER: ROYAL OAKS DEVELOPMENT CORPORATION MeOar rcq3FOF eLM ER LyNe 1,/0,0p / AREA OF LOT i„ o[` `C B IN LOT 36 / �\ ROW=0.16 AC / 4T aAk-s Esr LOT 35 �07 1 5•45 AREA or LOT / 6) i 0:-, 9 \�S` E42 / 1 LOT 38 /y B �R71 F 2 AREA OF LOT , 4 1 B IN LOT 38 / / 2 49, RUW=0.48 AC/ LOT c39nry g22�/r``\ 0' 100' 200' SCALE IN FEET SCALE 1" = 200' / B IN LOT 39 / / LOT 40 /� ROW=0.15 AC / / Cg7 r / / AREA OF LOT / / ! / BIN LOT 4 0 / Row=0.15 AC / LOT / / AREA OF LOT IN LOT 41. / / Pn$ r/ B IN LOT 35 / / LOT 34 7 !.` `v642 ROW=0.15 AC / / / `-- / / AREA OF LOT / / � �\ 4 / B IN LET 34 ! / i ROW=015 AC LOT 33 // �,\ / EXISTING 10/ / AREA OE LOT / / \ti `,, UTILITY EASEMENT B IN LET 33 / / LOT 32 TYPICAL RDW=0.16 AC / / AREA G C2 / / / / BIN LOT 32 �`J `1 5 �845 g5, ROW=0.1 E. �B7// LOT B OF SILVER OAKS ESTATES IN THE CITY OF DUBUQUE ACQUISITION AREA = 235 AC -'\ / LINE BEARING DISTANCE cnrJ : iivu iu \v ` UTILITY EASEMENT \ TYPICAL EASEMENT EUR PIPELINE PER INSTR. NO. 1405-91 & PREVIDUS RECORDS EASEMENT L1 N 41'06'22" E 83.32' L2 S 56'01'02" E 46.73' 13 N 56'01'02' W 46.73' L4 S 48'35'24" W 20.39' L5 S 89'59'26" W 48.01' L6 N 29'00'46" W 57.43' L7 N 55'48'17' W 131.92' L8 N 56'01'02" W 17.18' CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE 01 967.00' 126.35' 126.26' S 60'38'14" E 7'29'11" C2 967.00' 155.35' 155.18' S 68'58'57" E 9'12'16" C3 1033.00' 316.73' 315.49' S 64'48'03" E 17'34'03" • C4 50.00' 127.74' 95.73' N 5722'23" W 146'22'49" 65 967.00' 230.29' 229.75' N 66'45'44" W 13'38'42" 06 1033.00' 165.95' 165.77' N 68'58'57" W 9'12'16" C7 1033.00' 134.97' 134.88' N 60'36'14" W 7'29'11" CO 967.00' 296.49' 295.33' N 64'45'03" W 17'34'03" CO 967.00' 66.20' 66.19' N 57'58'42" W 3'55'21" NOTES+ SURVEYED LINE ALL MEASUREMENTS ARE IN ri,z,�� FEET AND DECIMALS THEREOF. TEMPORARY EASEMENT AREA 2. THIS PLAT IS SUBJECT TO RIGHT OF WAY AND EASEMENTS - - - - - - EXISTING EASEMENT LINE OF RECORD AND NOT OF RECORD, EXISTING PROPERTY LINE C 0 /�j LOT 1-42 /AREA OF LOT B IN LOT 2-42 RUW=0.24 AC 66.00' PRIVATE ROADWAY & UTILITY EASEMENT F LOT 6 AC LET 31 C3 // W c8 Cs5 cPLAT Doc, NE, 2019-13528) LOT / 2-42 / LOT A SILVER OAKS (PLAT DEC, NO. 2015-3342) ( 1 RECORDED DIMENSION P.D,B, POINT OF BEGINNING ROW RIGHT OF WAY AC ACRES AREA OF LET 3 IN LOT 31 ROW-0.14 AC C_ 3 TEMPORARY EASEMENT AREA FOR CUL-DE-SAC TO EXPIRE WHEN ROANE ➢RIVE IS OPENED/IMPROVED. AREA=0.06 AC AREA UE LOT B IN LOT A OF SILVER OAKS ROW=006 AC PLACED 5/8' DIA. STEEL REROD W/ORANGE PLASTIC CAP MARKED "WEBER PLS 15084' E,9e° °-IG,P 42 L '- MICHAEL Jo""�/- WEBER $_ 15084 .104111611H110 I HREBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT WAS PRE ARED AND THE RELATED SURVEY WORK WAS PERFORMED BY ME OR UNDER MY DIRECT PERSONAL SUPERVISION AND THAT I AM A DULY LICENSED LAND SURVEYOR UNDER THE LAWS OF THE STATE OF IOWA. MICHAEL J. WEBER (DATE) LICENSE NUMBER 15084 MY LICENSE RENEWAL DATE IS DECEMBER 31, 2021 SHEETS COVERED BY THIS SEAL , WEBER SURVEYING, LLC 26789 46TH AVE BERNARD, IA 52032 PHI (563) 879-4173 FAX: (563) 879-4199 DRAWN BY: MJW SURVEY DATE: 3/20/20 DWG. 20018 SHEET 1 ❑F 5 10 673 /922./8„ w SW CORNER LOT 38, SILVER OAKS ESTATES LOT A '16 SILVER OAKS �224 (PLAT DOC. NO. 2015-3342) EXHIBIT 1-B SILVER OAKS ESTATES INITIAL EASEMENT DEDICATION EXHIBIT PERMANENT STORM DRAINAGE EASEMENTACROSS LOTS 31 THRU 36, INCLUSIVE and LOTS 38 THRU 41, INCLUSIVE of SILVER OAKS ESTATES IN THE CITY OF DUBUQUE, IOWA ▪ EXISTING 10' TILITY EASEMENT TYPICAL LOT 37 / 7/ 66.00' \. • , C,p EXISTING 30' VERLAND DRAINAGE I & UTILITY EASEMENT jS LOT 38 j 6/. a• F A 44. ♦i LOT 36 NW CORNER LOT 36, SILVER OAKS ESTATES 7 ANC /i / v 6 36 LOT 3536., 1►4 EXISTING 10' • 543��'�i� UTILITY / ,59. J / EASEMENT/ TYPICAL/ �qks� S Car �3 68 361. pF i LOT 39 / /\ / 30.00' STORM 1 %-DRAINAGE EASEMENT r 7'• ;�/ LOT 40 s P• LINE BEARING DISTANCE L1 S 68'20'03" E 109.20' L2 N 89'47'31" E 61.32' L3 S 09'36'02" E 45.02' L4 S 89'47'30" W 69.03' L5 N 68'20'03" W 116.13' L6 N 31'21'10" E 40.58' L7 N 07'59'35" E 32.01' L8 S 25'37'11" W 30.00' / LOT 41 /tee 7 / EXISTING 10' ��.25, UTILITY / / ,I� EASEMENT/ \ \�A TYPICAL / '99 EXISTING 10' UTILITY EASEMENT TYPICAL SE CORNER LOT 41, SILVER OAKS ESTATES ass�' C'TT 40,00' STORM DRAINAGE EASEMENT L2 40' WIDE STORM DRAINAGE EASEMENT EASEMENT AREA = 1.21 AC CJ LOT 34 <//`z '7. 1� / / / / CPtA?eR / / / LOT L33 �/ ,/ i / D0 AKS CS // , - /\ �'- / �OC) PA re. --:::.. / / -la 546U NE CORNER LOT 31, SILVER OAKS ESTATES / / , `K/ ,' `F• F / LOT 32 223 3 �i /\ /, %; LOT / 1-42 CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE C1 297.12' 218.61' 213.71' S 69'20'57" E 42'09'21" C2 383.00' 151.33' 150.35' S 59'26'46" E 22'38'20" C3 422.99' 188.86' 187.30' N 60'55'03" W 25'34'55" C4 257.12' 189.20' 184.96' N 69'21'47" W 42'09'41" NOTES, 1. ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEREOF, 2, THIS PLAT IS SUBJECT TU RIGHT OF WAY AND EASEMENTS OF RECORD AND NOT OF RECORD. r7- t / // / / / 1 r / / / / /1 1.:— i / LOT 31 v c C3 30' WIDE STORM DRAINAGE EASEMENT EASEMENT AREA = 0.56 AC LEGEND EASEMENT AREA THIS EXHIBIT EXISTING EASEMENT LINE EXISTING PROPERTY LINE ( ) P,E,B, ROW AC 0' 100' iy i� EASEMENT FOR PIPELINE PER INSTR, ND. 1405-91 0 PREVIUUS RECORDED EASEMENT • 200' SCALE IN FEET SCALE 1" = 200' RECORDED DIMENSION POINT OF BEGINNING RIGHT OF WAY ACRES I • PAN a rq `-.480 1°LANpee/%G U,° MICHAEL J.°'� J° WEBER oz 15084 ° r /// I HEREBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT WAS PREPARED AND THE RELATED SURVEY WURK WAS PERFORMED DY ME DR UNDER MY DIRECT PERSONAL SUPERVISION AND THAT I AM A DULY LICENSED LAND SURVEYOR UNDER THE LAWS or THE STATE OF IOWA. MICHAEL J, WEBER (DATE) LICENSE NUMBER 15084 MY LICENSE RENEWAL DATE IS DECEMBER 31, 2021 SHEETS COVERED BY THIS SEAL WEBER SURVEYING, LLC 26789 46TH AVE BERNARD, IA 52032 PH: (563) 879-4173 FAX (563) 879-4199 DRAWN BY. MJW SURVEY DATE 4/97/20 DWG. 20018-02 SHEET 1 EP 1 11 PERMANENT SANITARY EASEMENT ACROSS LOT 2 of WALTER METCALF PLACE IN THE CITY OF DUBUQUE, IOWA N. ',N LOT 37 ,C NY i �', \ N...` ss. 41b.� , F 73 0 sr8, 9/1— 7),, 44 i 7 92 S' 117 Y*4 / 7S/ 29rr.4 6 v 10' SANITARY �7 SEWER EASEMENT 10' WIDE SANITARY SEWER EASEMENT EASEMENT AREA = 1,425 SF LINE BEARING DISTANCE L1 S 29'00'46' E 22.19' L2 N 41'21'02" E 10.08' LOT 2 WALTER METCALF PLACE (PLAT DOC. 1987-7436) LOT 1 WALTER METCALF PLACE (PLAT DOC, 1987-7436) LEGEND NOTES' f�r�r�r�r rr 1, ALL MEASUREMENTS ARE IN •' // //// � EASEMENT AREA THIS EXHIBIT FEET AND ➢ECIMALS THEREOF. tiimiwin,imfriP 2, THIS PLAT IS SUBJECT TO RIGHT OF WAY AND EASEMENTS OF RECORD AND NOT OF RECORD EXISTING EASEMENT LINE EXISTING PROPERTY LINE P.D.B. ROW AC / \ 1 l \ I EXISTING 30' OVERLAND DRAINAGE & UTILITY EASEMENT 1 I 0' 25' 50' SCALE IN FEET SCALE. 1" = 50' RECORDED DIMENSION POINT OF BEGINNING RIGHT ❑F WAY ACRES LOT 38 SILVER OAKS ESTATES (PLAT BCC. 2007-13546) I \o\`�1u1LANDrr4j/ MICHAEL J. ofia WEBER $A=_ 15084 %eru+nw11t0 1 HREBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT WAS PREPARED AND THE RELATED SURVEY WORK WAS PERFORMED BY ME ❑R UNDER MY DIRECT PERSONAL SUPERVISION AND THAT I AM A DULY LICENSED LAND SURVEYOR UNDER THE LAWS EF THE STATE OF IOWA. MICHAEL J. WEBER (DATE) LICENSE NUMBER 15084 MY LICENSE RENEWAL DATE IS DECEMBER 31, 2021 SHEETS COVERED BY THIS SEAL WEBER SURVEYING, LLC 26789 46TH AVE BERNARD, IA 52032 PH; (563) 879-4173 FAX' C563) 879-4199 DRAWN BY! MJW SURVEY DATE, 4/07/20 DWG. 20018-03 SHEET 1 EF 1 12 PERMANENT WATER MAIN EASEMENT ACROSS LOT 31 of SILVER OAKS ESTATES IN THE CITY OF DUBUQUE, IOWA / / / / 0' 1" NW CORNER `\ LOT 31, `\ SILVER OAKS \\\ ESTATES 25' Too>, 50' 1 LEGEND SCALE IN FEET Mer�ACF LOT 31 C,gNe C°r 1. SILVER OAKS ESTATES SCALE' 1" = 50' (PLAT DOC. 2007-13546) ( ) RECORDED ➢IMENSION PU,B. PDINT OF BEGINNING ROW RIGHT OF WAY AC ACRES ,,...- . mt... ti ▪ \ \ \ \ \`1 f \ `\ `\ `\ `\ 1 20' WIDE WATER MAIN EASEMENT EASEMENT AREA = 4,189 SF EASEMENT AREA THIS EXHIBIT EXISTING EXISTING NOTES, L ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEREOF. E THIS PLAT IS SUBJECT TO RIGHT OF WAY AND EASEMENTS OF RECORD AND NOT OF RECORD. EASEMENT PROPERTY LINE 0. Rom\ \\ \\ No.* •1�• \ r1 Ilk \ \ \ ivy a �.� N ,.`�.<^•\ \ \y4' • 1.c1 i "\ \,\\\ \ .,• s j ;e't. OgkS F E� y NE CORNER LOT 31, SILVER OAKS ESTATES 20' WIDE WATER ~\ `�\4� `9 MAIN EASEMENT w• •\\•\` \ \ \ d �\ \\ `may i \ \� LINE ,1jN �k \ \ \ 44 EASEMENT FOR PIPELINE PER INSTR NO. 1405-91 & PREVIOUS RECORDED EASEMENT UNE BEARING DISTANCE L1 N 56'01'02" W 21.74' LOT 12 ELMW❑OD ACRES (PLAT INSTR. NO. 1841-78) CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE C1 333.00' 151.33' 150.35' S 59'26'46" E 22'38'20" C2 383.00' 20.44' 20.43' S 69114'13" E 3'03'26" \_AND�IUHiq ▪ moo" MICHAEL J, Tom° WEBER ?,AD= ▪ 15084 gjllAttl�l jPAN�\\\`\\\\,\\ I H$REBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT WAS PRE ARED AND THE RELATED SURVEY WORK WAS PERFORMED BY ME OR UNDER MY DIRECT PERSONAL SUPERVISION AND THAT I AM A DULY LICENSEE LAND SURVEYOR UNDER THE LAWS OF THE STATE OF IOWA, MICHAEL J, WEBER (DATE) LICENSE NUMBER 15084 MY LICENSE RENEWAL DATE IS DECEMBER 31, 2321 SHEETS COVERED &Y THIS SEAL WEBER SURVEYING, LLC 26789 46TH AVE BERNARD, IA 52032 Pb= (563) 879-4173 FAX' (563) 879-4199 DRAWN BY1 MJW SURVEY DATE: 4/07/20 DWG. 20018-04 SHEET 1 EE 1 13 EXHIBIT 2 INSURANCE SCHEDULE A City of Dubuque Insurance Requirements for Tenants and Lessees of City Property or Vendors (Suppliers, Service Providers) Insurance Schedule A 1. shall furnish a signed Certificate of Insurance (COI) to the City of Dubuque, Iowa for the coverage required in Exhibit I prior to contract or lease commencement. All lessees of City property shall submit an updated COI annually. Each Certificate shall be prepared on the most current ACORD form approved by the Department of Insurance or an equivalent. Each certificate shall include a statement under Description of Operations as to why issued. Eg: Project # or Lease of premises at or construction of 2. All policies of insurance required hereunder shall be with a carrier authorized to do business in Iowa and all carriers shall have a rating of A or better in the current A.M. Best's Rating Guide. 3. Each Certificate shall be furnished to the contracting department of the City of Dubuque. 4. Failure to provide minimum coverage shall not be deemed a waiver of these requirements by the City of Dubuque. Failure to obtain or maintain the required insurance shall be considered a material breach of this agreement. 5. All required endorsements to various policies shall be attached to Certificate of insurance. 6. Whenever a specific 150 form is listed, an equivalent form may be substituted subject to the provider identifying and listing in writing all deviations and exclusions that differ from the 150 form. 7. Provider shall be required to carry the minimum coverage/limits, or greater if required by law or other legal agreement, in Exhibit I. 8. Whenever an ISO form is referenced the current edition of the form must be used. Page 1 of 3 Schedule A, Property Or Vendors (Suppliers, Service Providers) April, 2013.Doc 14 City of Dubuque Insurance Requirements for Tenants and Lessees of City Property or Vendors (Suppliers, Service Providers) Insurance Schedule A (continued) Exhibit I A) COMMERCIAL GENERAL LIABILITY General Aggregate Limit $2,000,000 Products -Completed Operations Aggregate Limit $1,000,000 Personal and Advertising Injury Limit $1,000,000 Each Occurrence $1,000,000 Fire Damage Limit (any one occurrence) $ 50,000 Medical Payments $ 5,000 a) Coverage shall be written on an occurrence, not claims made, form. All deviations from the standard ISO commercial general liability form CG 0001, or Business owners form BP 0002, shall be clearly identified. b) Include ISO endorsement form CG 25 04 "Designated Location(s) General Aggregate Limit." c) Include endorsement indicating that coverage is primary and non-contributory. d) Include endorsement to preserve Governmental Immunity. (Sample attached). e) Include an endorsement that deletes any fellow employee exclusion. f) Include additional insured endorsement for: The City of Dubuque, including all its elected and appointed officials, all its employees and volunteers, all its boards, commissions and/or authorities and their board members, employees and volunteers. Use ISO form CG 20 10. Ongoing operations. g) If vendor utilizes Trikkes or Segways in the conduct of business, include an endorsement reflecting that these vehicles are not excluded from Commercial General Liability coverage. B) WORKERS' COMPENSATION Be EMPLOYERS LIABILITY Statutory benefits covering all employees injured on the job by accident or disease as prescribed by Iowa Code Chapter 85 as amended. Coverage A Coverage B Statutory —State of Iowa Employers Liability Each Accident $100,000 Each Employee -Disease $100,000 Policy Limit -Disease $500,000 Policy shall include an endorsement providing a waiver of subrogation to the City of Dubuque. Page 2 of 3 Schedule A, Property Or Vendors (Suppliers, Service Providers) April, 2013.Doc 15 City of Dubuque Insurance Requirements for Tenants and Lessees of City Property or Vendors (Suppliers, Service Providers) Preservation of Governmental Immunities Endorsement 1. Nonwaiver of Governmental Immunity. The insurance carrier expressly agrees and states that the purchase of this policy and the including of the City of Dubuque, Iowa as an Additional Insured does not waive any of the defenses of governmental immunity available to the City of Dubuque, Iowa under Code of Iowa Section 670.4 as it is now exists and as it may be amended from time to time. 2. Claims Coverage. The insurance carrier further agrees that this policy of insurance shall cover only those claims not subject to the defense of governmental immunity under the Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. Those claims not subject to Code of Iowa Section 670.4 shall be covered by the terms and conditions of this insurance policy. 3. Assertion of Government Immunity. The City of Dubuque, Iowa shall be responsible for asserting any defense of governmental immunity, and may do so at any time and shall do so upon the timely written request of the insurance carrier. 4. Non -Denial of Coverage. The insurance carrier shall not deny coverage under this policy and the insurance carrier shall not deny any of the rights and benefits accruing to the City of Dubuque, Iowa under this policy for reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of the defense(s) of governmental immunity asserted by the City of Dubuque, Iowa. No Other Change in Policy. The above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy. SPECIMEN Page 3 of 3 Schedule A, Property Or Vendors (Suppliers, Service Providers) April, 2013.Doc 16 EXHIBIT 3 SUPPLEMENT TO SUBDIVISION DEVELOPMENT AGREEMENT SILVER OAKS ESTATES REQUIREMENTS FOR CITY ACCEPTANCE OF PREVIOUSLY INSTALLED PUBLIC IMPROVEMENTS, INCLUDING BUT NOT LIMITED TO: For Previously Installed Water Main: Submit to City a Copy of signed DNR Permit for water main work. City must observe/conduct pressure testing. City must observe/conduct safe water/bacteria sampling. An as -built survey of the water main improvements by must be performed by an Engineering Consultant and must include depths, grades, locations of fittings, valves, restraints, and services. The Engineering Consultant must submit as -built drawings in paper and CAD versions. Written verification by Professional Engineer that water main improvements were constructed per plans and specifications must be provided to City. Verification of pipe, fitting, valve, hydrant materials, bedding material, and backfill materials through invoices, load/delivery tickets, etc. This may include excavating to expose improvements for visual inspection and testing of materials. Any PVC water main installed where ductile iron water main with nitrile gaskets is deemed to be necessary must be removed and replaced as necessary. 10-year securities/warranty in form of letter of credit is required. For Previously Installed Sanitary Sewer: Submit to City a Copy of signed DNR Permit for sanitary sewer work. City must observe low pressure air testing. City must observe manhole vacuum testing. City must observe mandrel testing (minimum 30 day period after installation). 17 City must conduct sanitary sewer televising/inspection, any defects/issues to be replaced/addressed. An as -built survey of the sanitary sewer improvements by must be performed by an Engineering Consultant and must include depths, inverts, grades, locations of manholes, and laterals. The Engineering Consultant must submit as -built drawings in paper and CAD versions. Written verification by Professional Engineer that sanitary sewer main improvements were constructed per plans and specifications must be provided to City. Verification of pipe, manhole, lateral materials, bedding material, and backfill materials through invoices, load/delivery tickets, etc. This may include excavating to expose improvements for visual inspection and testing of materials. 10-year securities/warranty in form of letter of credit is required. For Previously Installed Storm Sewer and Storm Water Detention Basin: City must conduct storm sewer televising/inspection, any defects/issues to be replaced/addressed. An as -built survey of the storm sewer improvements by must be performed by an Engineering Consultant and must include depths, inverts, grades, locations of manholes, inlets, apron end walls. The Engineering Consultant must submit as -built drawings in paper and CAD versions. An as -built survey of the storm water detention basin improvements by must be performed by an Engineering Consultant and must include volumes, depths, inverts, grades, locations of manholes, inlets, apron end walls. The Engineering Consultant must submit as -built drawings in paper and CAD versions. Written verification by Professional Engineer that storm sewer improvements and storm water detention basin were constructed per plans and specifications must be provided to City. The existing storm water detention basin must be regraded to remove existing silted -in soils and restored to the original design capacity/volume. Verification of pipe, manhole, inlet, frame, and grate materials, bedding material, and backfill materials through invoices, load/delivery tickets, etc. This may include excavating to expose improvements for visual inspection and testing of materials. 10-year securities/warranty in form of letter of credit is required. 18 For Previously Installed Streets: Competent testing firm must perform concrete core sampling to verify materials and depths of street pavement, with written evaluation report, to City's exclusive satisfaction. Competent testing firm must perform concrete core strength testing to verify compressive strength street pavement, with written evaluation report, to City's exclusive satisfaction. Competent testing firm must perform soil borings to verify materials and depths of street subbase to City's exclusive satisfaction, firm must run analysis on subbase material and supply written aggregate gradation and material evaluation report. Competent testing firm must perform soil borings to verify materials and depths of street utility backfill to City's exclusive satisfaction, firm must run analysis on subbase material and supply written aggregate gradation and material evaluation report. Competent testing firm must perform density testing to confirm compaction of street and utility backfill trenches to City's exclusive satisfaction. Verify concrete and subbase materials through invoices, load/delivery tickets, etc. All cracked panels must be removed and replaced as full panel replacements. All pavement joints shall be blown clean and resealed per City Standards. Any heaved or slumped panels shall be raised or planed to the City's exclusive satisfaction. 10-year securities/warranty in form of letter of credit is required. NOTE: CITY RESERVES THE RIGHT TO ADD ANY TESTING REQUIREMENTS FOR ACCEPTANCE AS IT DEEMS NECESSARY. ALL TESTING PRIOR TO ACCEPTANCE SHALL BE TO THE EXCLUSIVE SATISFACTION OF THE CITY OF DUBUQUE. 19