Agreement with Royal Oaks Development Corporation Cedar RidgeCity of Dubuque
City Council Meeting
Consent Items # 18.
Copyrighted
May 17, 2021
ITEM TITLE: Agreement with Royal Oaks Development Corporation Cedar Ridge
Commercial Park - Cedar Cross Road
SUMMARY: City Manager recommending approval of an Agreement with Royal Oaks
Development Corporation for off -site improvements related to the Cedar
Ridge Commercial Park subdivision located on the east side of Cedar
Cross Road between Starlite Drive and Crescent Ridge.
RESOLUTION Approving an Agreement for construction of certain off -
site public roadway (Cedar Cross Road) and sanitary sewer
improvements related to the Cedar Ridge Commercial Park Subdivision
on Cedar Cross Road between the City of Dubuque, Iowa and Royal
Oaks Development Corporation
SUGGESTED Suggested Disposition: Receive and File; Adopt Resolution(s)
DISPOSITION:
ATTACHMENTS:
Description
Royal Oaks Development Agreement-MVM Memo
Staff Memo
Resolution
Type
City Manager Memo
Staff Memo
Resolutions
Agreement Supporting Documentation
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Agreement with Royal Oaks Development Corporation Cedar Ridge
Commercial Park - Cedar Cross Road
DATE: May 11, 2021
City Engineer Gus Psihoyos recommends City Council approval of an Agreement with
Royal Oaks Development Corporation for off -site improvements related to the Cedar
Ridge Commercial Park subdivision located on the east side of Cedar Cross Road
between Starlite Drive and Crescent Ridge.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
v
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Gus Psihoyos, City Engineer
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TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
SUBJECT: Agreement with Royal Oaks Development Corporation
Cedar Ridge Commercial Park — Cedar Cross Road
DATE: May 11, 2021
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INTRODUCTION
The purpose of this memorandum is to request City Council approval of an agreement
with Royal Oaks Development Corporation (RODC) for off -site improvements related to
the Cedar Ridge Commercial Park subdivision located on the east side of Cedar Cross
Road between Starlite Drive and Crescent Ridge.
BACKGROUND
Recently, RODC had submitted a preliminary plan to improve the 11-acre site located
on the east side of Cedar Cross Road between Starlite Drive and Crescent Ridge. The
proposed development includes a three -lot commercial subdivision served by a private
street, including a cul-de-sac, which intersects with Cedar Cross Road.
On February 3, 2021, the Zoning Advisory Commission recommended that the City
Council approve the preliminary plat for the Cedar Ridge Commercial Park subdivision.
On February 15, 2021, the City Council approved the preliminary plat.
DISCUSSION
Several offsite improvements, including public street and sanitary sewer improvements,
are necessary to accommodate the proposed commercial subdivision development. A
traffic study for the development was completed and the results showed a need for
certain street and intersection improvements including turning lanes on Cedar Cross
Road. A short public sanitary sewer extension from the existing middle fork sanitary
interceptor sewer thru property owned by Molo Oil Company to the north is also
required.
The City of Dubuque has entered into an agreement (see agreement attached) with
RODC setting forth terms and conditions for the off -site work. RODC will be responsible
for the design, construction and, after inspection, dedication of the public improvements
to Cedar Cross Rd. RODC will be responsible the design, construction, and, after
inspection, dedication of the public sanitary sewer extension improvements. RODC will
also be responsible for acquisition of the required sanitary sewer easements associated
with the sewer extension. RODC will submit bonding, insurance, and securities as
required in the agreement. The City will own and operate the off -site public street
(Cedar Cross Road) and sanitary sewer improvements.
IIW PC has prepared design and construction documents for the public sanitary sewer
main extension and the public street improvements which include a right turn lane on
northbound Cedar Cross Rd., a left turn lane on southbound Cedar Cross Rd., and
associated intersection improvements. City staff is in the process of reviewing and
approving the final design and construction documents for the off -site improvements.
City staff is concurrently reviewing the design and construction documents for the
improvements located within the commercial subdivision (on -site improvements). In the
upcoming weeks City staff will present the final plat to the City Council for consideration
of approval. The agreement also includes a draft of the on -site final plat and
improvement plans approval resolution. RODC will own and maintain all on -site
improvements, including streets and all utilities, except for fiber optics, water main and
sanitary sewer utilities, which will be owned and maintained by the City. RODC will
provide the appropriate fiber optics, water and sewer utility easements as well as
access easements for emergency responders across the subdivision.
A copy of the agreement executed by RODC is attached.
RECOMMENDATION
I recommend that the City approve the Agreement with Royal Oaks Development
Corporation (RODC) for off -site improvements related to the Cedar Ridge Commercial
Park subdivision located on the east side of Cedar Cross Road between Starlite Drive
and Crescent Ridge per the terms of the attached Agreement.
ACTION TO BE TAKEN
I respectfully request adoption of the attached resolution approving said Agreement and
authorizing the City Manager to execute said agreement.
Attach.
Prepared by: Nate Kieffer, PE/PLS
cc: Bob Schiesl, Assistant City Engineer
Wally Wernimont, Planning Services Manager
John Klosterman, Public Works Director
Prepared by Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4270
Return to Adrienne Breitfelder, City Clerk, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4100
WHEREAS, the City of Dubuque is contemplating an Agreement with Royal Oaks
Development Corporation (RODC) for the construction of off -site public roadway (Cedar
Cross Road) and sanitary sewer improvements related to the Cedar Ridge Commercial Park
subdivision on Cedar Cross Road between Starlite Drive and Crescent Ridge; and
WHEREAS, the City of Dubuque has determined that the project will require certain
improvements to the public right of way of Cedar Cross Road and the extension of a public
sanitary sewer main and RODC agrees that such improvements are reasonable and
necessary; and
WHEREAS, RODC has executed the Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
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 17t" day of May 2021.
Effiffiga
Trish L. Gleason, Assistant City Clerk
AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
ROYAL OAKS DEVELOPMENT CORPORATION
This Agreement (the Agreement), dated for reference purposes the 21st day of
May 7 2021, is made and entered into by and between Royal Oaks
Development Corporation (RODC) and the City of Dubuque, Iowa (City).
Whereas, RODC is the owner of the property legally described as Lot 2 of 2 of
Mineral Lot 230, Lot 1 of Lot 3 of Mineral Lot 232, and Lot 2 of Merfeld Acres, all in the
City of Dubuque, Iowa and as shown on Exhibit A (the Preliminary Plat) (the Real Estate);
and
Whereas, RODC desires to develop the Real Estate for a multi -lot commercial
subdivision with a private street and cul-de-sac (the Subdivision Project); and
Whereas, City has determined that the Subdivision Project will require certain
improvements to the public sanitary sewer system and to the public right of way of Cedar
Cross Road as set forth herein (the Required Improvements) and RODC agrees that such
improvements are reasonable and necessary; and
Whereas, City is willing to allow the construction of the Subdvision Project on the
Real Estate subject to the conditions set forth herein.
NOW, THEREFORE, IT IS AGREED BY AND BETWEEN RODC AND CITY AS
FOLLOWS:
SECTION 1. REQUIRED IMPROVEMENTS. RODC agrees to:
1.1 Design and reconstruct a portion of Cedar Cross Road adjacent to the Real Estate,
including longitudinal sub -drain, concrete curb and gutter with asphaltic concrete
pavement or with Portland Cement concrete pavement with integral curb, storm sewer,
water main, street lighting and appurtenances, pavement markings, erosion control,
accessible sidewalk ramps and street crossings, and sidewalks, and reconstruction of all
all affected driveways, 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, and as conceptually shown on Exhibit A. RODC will
dedicate the Cedar Cross Road improvements to City once completed and inspected.
1.2 Acquire all required permits to work in public rights of ways.
1.3 Dedicate any right of way on Cedar Cross Road to City necessary to
accommodate the additional turn lanes, street pavement width, utilities, sidewalks and
appurtenant public improvements.
1.4 Design and construct a public sanitary sewer main extension from the existing
public sanitary sewer main on Molo Oil Company property to the Real Estate, 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, and as conceptually
shown on Exhibit A and dedicate public sanitary sewer main improvements to City once
completed and inspected.
1.5 Acquire for City at no cost to City a public sanitary sewer utility easement through
Molo Oil Company property as shown on Exhibit B (Molo Oil Company Easement).
1.6 Pay City an inspection fee of 3% of the total cost estimate of the Required
Improvements.
1.7 Submit to the City Clerk securities (form of Letter of Credit or Bond) in the
amount of 110% of the total cost estimate of the required improvements.
1.8 Provide, to the City Clerk, securities in the amount of 25% of the total cost
estimate of the required improvemenets for a period of two years after acceptance of
the required improvements by the City Council.
The extent of the construction items shown on the attached Exhibit A are for general
information only. The extent of each construction item will be based on the results of
the approved final engineering plans for the intersection and sanitary sewer construction
projects.
SECTION 2. HOLD
SECTION 3. PLANS FOR CONSTRUCTION OF IMPROVEMENTS. Plans and
specifications with respect to the construction of the Required Improvements (the
Construction Plans) shall be in conformity with all applicable state and local laws and
regulations. Plans and specifications must be prepared using the latest City of Dubuque
Standards and SUDAS Standards. RODC must submit to City, for approval by City,
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plans, drawings, specifications, and related documents with respect to the
Improvements to be constructed by RODC. All work with respect to the Required
Improvements must be in substantial conformity with the Construction Plans approved
by City.
SECTION 4. TIMING OF REQUIRED IMPROVEMENTS. RODC agrees:
4.1 Construction of the Required Improvements must be completed prior to
the issuance of a Final Certificate of Occupancy for any lot in the Real Estate.
4.2 Cedar Cross Road reconstruction work to be completed within 60 days
after the construction start date.
4.3 The time frames for the performance of the obligations in this Agreement
will be suspended, as determined in City's sole discretion, due to unavoidable delays,
meaning delays outside the control of the party claiming its occurrence in good faith,
which are the direct result of strikes, other labor troubles, unusual shortages of
materials or labor, unusually severe or prolonged bad weather, acts of God, fire or other
casualty to the Required Improvements, litigation commenced by third parties which, by
injunction or other similar judicial action or by the exercise of reasonable discretion
directly results in delays, or acts of any federal, state or local government which directly
result in extraordinary delays. The time for performance of such obligations will be
extended only for the period of such delay.
SECTION 5. BINDING ON SUCCESSORS AND ASSIGNS. This Agreement is
binding upon the parties hereto and their successors and assigns.
SECTION 6. CITY COUNCIL APPROVAL REQUIRED. This Agreement is subject to
final approval by the City Council in its sole discretion.
SECTION 7. INDEMNIFICATION FROM THIRD PARTY CLAIMS. To the fullest
extent permitted by law, RODC shall defend, indemnify and hold harmless City, its
officers and employees, from and against all claims, damages, losses and expenses
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 RODC, or
anyone directly or indirectly employed by RODC, or anyone for whose acts RODC may
be liable, regardless of whether or not such claim, damage, loss or expense is caused
in part by a party indemnified hereunder.
SECTION 8. BONDS. RODC shall provide the performance, maintenance and
payments bonds (the Bond) for the Required Improvments in the amount of
$420,619.32 and in the form attached hereto. The surety on the Bond furnished for this
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Agreement must, in addition to all other provisions, be obligated to the extent provided
for by Iowa Code 573.6 relating to this Agreement, which provisions apply to said Bond.
RODC agrees, and its Bond is surety therefore, that after acceptance of the Required
Improvements by the City Council, it will keep and maintain the Required Improvements
in good repair for a period of two (2) years.
SECTION 9. CONFORMANCE WITH LAW. The Required Improvements must be
constructed in strict accordance with the requirements of the laws of the State of Iowa,
and the United States, and ordinances of the City of Dubuque, including but not limited
to the latest City of Dubuque Standards and SUDAS Standards
SECTION 10. INSURANCE. RODC shall obtain and maintain during the performance
of this Agreement insurance as described in the attached Insurance Schedule.
SECTION 11. FINAL PLAT APPROVAL RESOLUTION. Approval of the Subdvision
Project on the Real Estate will be subject to City review and the conditions set forth in
the Final Plat Approval Resolution, which shall be substantially in the form of the
resolution attached as Exhibit C.
SECTION 12. INTERSECTION LEVEL OF SERVICE According to the Cedar Cross
Road Traffic Impact Study conducted for RODC by IIW, PC and dated July 11, 2013,
the proposed intersection of the proposed subdivision internal street and Cedar Cross
Road will have operational issues. Specifically, the study indicates poor perfermace for
the left (south bound) turn out of the commercial subdivison onto Cedar Cross Road at
the opening year (Level of Service E) and a (Level of Service F with 90.3 seconds of
delay) at a future date when full development occurs. These low Levels of Service are
projected even with the proposed addition of the turn lane improvements on Cedar
Cross Road. RODC hereby acknowledges that it is aware of this intersection level of
service information presented in the IIW Traffic Impact Study and assumes all risks
which may arise out of or be related to this intersection level of service, and RODC
agrees to defend, indemnify and hold harmless City, its officers and employees from
and against any and all claims of any kind which may be alleged to arise out of or be
related to this intersection level of service. RODC, its successors and assigns, will be
solely responsible for the cost, design and construction any improvements to the public
right of way that may need to be implemented to correct the low level of service for the
intersection and RODC agrees that City shall have no financial or other responsibility of
any kind for such improvements.
SECTION 13. STREET LIGHT AT CEDAR CROSS AND ROSO CT.
The proposed street light in the southeast corner of Cedar Cross Road and Roso Court
will be constructed by RODC according to the approved construction plans and will be
dedicated to the City of Dubuque for ownership and maintenance. The City will own
and maintain the light pole and associated foundation, fixture, and appurtenances, as
well as the wiring from the light pole to the adjacent hand hole. RODC will be
responsible for paying all electric usage bills associated with said street light. All other
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CITY OF DUBUQUE, IOWA
By:
Michael C. Van Milligen
City Manager
ROYAL OAKS DEVELOPMENT CORP
Thomas J. endorf
Vice Pr ident
PERFORMANCE, PAYMENT AND MAINTENANCE BOND
SECTION 00600
KNOW ALL BY THESE PRESENTS:
That we, , as Principal
(hereinafter the "Contractor" or "Principal") and
, as Surety are held and firmly bound unto the City of
Dubuque, Iowa, as Obligee (hereinafter referred to as "Owner"), and to all persons who may be injured by
any breach of any of the conditions of this Bond in the penal sum of
dollars
($ ), lawful money of the United States, for the payment of which sum, well and
truly to be made, we bind ourselves, our heirs, legal representatives and assigns, jointly or severally, firmly
by these presents.
The conditions of the above obligations are such that whereas said Contractor entered into a contract with
the Owner, bearing date the day of , 2021, (hereinafter the "Contract")
wherein said Contractor undertakes and agrees to construct the following project in accordance with the
Contract Documents, and to faithfully perform all the terms and requirements of said Contract within the time
therein specified, in a good and workmanlike manner, and in accordance with the Contract Documents. The
Contract Documents for
Project detail the following described improvements:
INSERT PROJECT DESCRIPTION
(Use description from Notice to Bidders)
It is expressly understood and agreed by the Contractor and Surety in this Bond that the following provisions
are a part of this Bond and are binding upon said Contractor and Surety, to -wit:
PERFORMANCE: The Contractor shall well and faithfully observe, perform, fulfill, and abide by each and
every covenant, condition, and part of said Contract and Contract Documents, by reference made a
part hereof, for the project, and shall indemnify and save harmless the Owner from all outlay and
expense incurred by the Owner by reason of the Contractor's default of failure to perform as
required. The Contractor shall also be responsible for the default or failure to perform as required
under the Contract and Contract Documents by all its subcontractors, suppliers, agents, or
employees furnishing materials or providing labor in the performance of the Contract.
2. PAYMENT: The Contractor and the Surety on this Bond hereby agreed to pay all just claims submitted
by persons, firms, subcontractors, and corporations furnishing materials for or performing labor in
the performance of the Contract on account of which this Bond is given, including but not limited to
claims for all amounts due for labor, materials, lubricants, oil, gasoline, repairs on machinery,
equipment, and tools, consumed or used by the Contractor or any subcontractor, wherein the same
are not satisfied out of the portion of the contract price the Owner is required to retain until
completion of the improvement, but the Contractor and Surety shall not be liable to said persons,
firms, or corporations unless the claims of said claimants against said portion of the contract price
shall have been established as provided by law. The Contractor and Surety hereby bind
themselves to the obligations and conditions set forth in Chapter 573 of the Iowa Code, which by
this reference is made a part hereof as though fully set out herein.
3. MAINTENANCE: The Contractor and the Surety on this Bond hereby agree, at their own expense:
6
A. To remedy any and all defects that may develop in or result from work to be performed under
the Contract Documents within the period of two (2) year(s) from the date of acceptance of the
work under the Contract, by reason of defects in workmanship, equipment installed, or
materials used in construction of said work;
B. To keep all work in continuous good repair; and
C. To pay the Owner's reasonable costs of monitoring and inspection to assure that any defects
are remedied, and to repay the Owner all outlay and expense incurred as a result of
Contractor's and Surety's failure to remedy any defect as required by this section.
Contractor's and Surety's Contract herein made extends to defects in workmanship or
materials not discovered or known to the Owner at the time such work was accepted.
4. GENERAL: Every Surety on this Bond shall be deemed and held bound, any contract to the
contrary notwithstanding, to the following provisions:
A. To consent without notice to any extension of time authorized in approved change orders to
the Contractor in which to perform the Contract;
B. To consent without notice to any change in the Contract or Contract Documents, authorized in
approved change orders which thereby increases the total contract price and the penal sum of
this Bond, provided that all such changes do not, in the aggregate, involve an increase of
more than twenty percent (20%) of the total contract price, and that this Bond shall then be
released as to such excess increase;
C. To consent without notice that this Bond shall remain in full force and effect until the Contract
is completed, whether completed within the specified contract period, within an extension
thereof, or within a period of time after the contract period has elapsed and the liquidated
damage penalty is being charged against the Contractor.
The Contractor and every Surety on the Bond shall be deemed and held bound, any contract to the contrary
notwithstanding, to the following provisions:
D. That no provision of this Bond or of any other contract shall be valid that limits to less than five
(5) years after the acceptance of the work under the Contract the right to sue on this Bond.
E. That as used herein, the phrase "all outlay and expense" is not to be limited in any way, but
shall include the actual and reasonable costs and expenses incurred by the Owner including
interest, benefits, and overhead where applicable. Accordingly, "all outlay and expense"
would include but not be limited to all contract or employee expense, all equipment usage or
rental, materials, testing, outside experts, attorney's fees (including overhead expenses of the
Owner's staff attorneys), and all costs and expenses of litigation as they are incurred by the
Owner. It is intended the Contractor and Surety will defend and indemnify the Owner on all
claims made against the Owner on account of Contractor's failure to perform as required in
the Contract and Contract Documents, that all agreements and promises set forth in the
Contract and Contract Documents, in approved change orders, and in this Bond will be
fulfilled, and that the Owner will be fully indemnified so that it will be put into the position it
would have been in had the Contract been performed in the first instance as required.
In the event the Owner incurs any "outlay and expense" in defending itself against any claim as to
which the Contractor or Surety should have provided the defense, or in the enforcement of the
promises given by the Contractor in the Contract, Contract Documents, or approved change
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orders, or in the enforcement of the promises given by the Contractor and Surety in this Bond, the
Contractor and Surety agree that they will make the Owner whole for all such outlay and expense,
provided that the Surety's obligation under this Bond shall not exceed one hundred twenty-five
percent (125%) of the penal sum of this Bond.
In the event that any actions or proceedings are initiated regarding this Bond, the parties agree that the
venue thereof shall be Dubuque County, State of Iowa. If legal action is required by the Owner to enforce the
provisions of this Bond or to collect the monetary obligation incurring to the benefit of the Owner, the
Contractor and the Surety agree, jointly, and severally, to pay the Owner all outlay and expense incurred
therefor by the Owner. All rights, powers, and remedies of the Owner hereunder shall be cumulative and not
alternative and shall be in addition to all rights, powers, and remedies given to the Owner, by law. The
Owner may proceed against surety for any amount guaranteed hereunder whether action is brought against
the Contractor or whether Contractor is joined in any such action(s) or not.
NOW THEREFORE, the condition of this obligation is such that if said Principal shall faithfully perform all the
promises of the Principal, as set forth and provided in the Contract, in the Contract Documents, and in this
Bond, then this obligation shall be null and void, otherwise it shall remain in full force and effect.
When a work, term, or phrase is used in this Bond, it shall be interpreted or construed first as defined in this
Bond, the Contract, or the Contract Documents; second, if not defined in the Bond, Contract, or Contract
Documents, it shall be interpreted or construed as defined in applicable provisions of the Iowa Code; third, if
not defined in the Iowa Code, it shall be interpreted or construed according to its generally accepted meaning
in the construction industry; and fourth, if it has no generally accepted meaning in the construction industry, it
shall be interpreted or construed according to its common or customary usage.
Failure to specify or particularize shall not exclude terms or provisions not mentioned and shall not limit
liability hereunder. The Contract and Contract Documents are hereby made a part of this Bond.
Project No.
Witness our hands, in triplicate, this
SURETY COUNTERSIGNED BY:
Signature of Agent
Printed Name of Agent
Company Address
City, State, Zip Code
Company Telephone Number
PRINCIPAL:
Contractor
By:
Signature
day of 2021.
Printed Name
Title
FORM APPROVED BY:
Representative for Owner
SURETY:
Surety Company
By:
Signature Attorney -in -Fact Officer
Printed Name of Attorney -in -Fact Officer
Company Name
Company Address
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City, State, Zip Code
Company Telephone Number
NOTE:
1. All signatures on this performance, payment, and maintenance Bond must be original signatures in
ink; copies, facsimile, or electronic signatures will not be accepted.
2. This Bond must be sealed with the Surety's raised, embossing seal.
3. The name and signature of the Surety's Attorney-in-Fact/Officer entered on this Bond must be exactly
as listed on the Certificate or Power of Attorney accompanying this Bond.
INSURANCE PROVISIONS
SECTION 00700
City of Dubuque Insurance Requirements for General, Artisan or Trade
Contractors, Subcontractors or Sub Subcontractors
Class A:
Asbestos Removal
Asphalt Paving
Concrete
Construction Managers
Cranes
Culverts
Decking
Demolition
Earthwork
Electrical
Class B:
Acoustical
Chemical Spraying
Deconstruction
Doors, Window & Glazing
Drywall Systems
Fertilizer Application
Finish Carpentry
Class C:
Carpet Cleaning
Carpet & Resilient Flooring
Caulking & Sealants
Ceiling
Filter Cleaning
Insurance Schedule B
Elevators
Reinforcement
Fiber Optics
Retaining Walls
Fire Protection
Roofing
Fireproofing
Sanitary Sewers
General Contractors
Sheet Metal
HVAC
Sidewalks / Trails
Mechanical
Site Utilities
Paving & Surfacing
Special construction
Piles & Caissons
Steel
Plumbing
Structural Steel
Geotech. Boring
Rough Carpentry
Insulation
Stump Grinding
Landscaping
Tree Trimming
Masonry
Tuckpointing
Painting & Wall Covering
Waterproofing
Pest Control
Well Drilling
Plastering
General Cleaning Office Furnishings
Grass Cutting Power Washing
Janitorial Tile & Terrazzo Flooring
Non Vehicular Snow & Ice Window Washing
Removal
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Contractor shall furnish a signed Certificate of Insurance to the City of Dubuque, Iowa for the
coverage required in Exhibit I prior to commencing any work and at the end of the project if the term
of work is longer than sixty (60) days. Providers presenting annual certificates shall present a
Certificate at the end of each project with the final billing. Each Certificate shall be prepared on the
most current ACORD form approved by the Iowa Department of Insurance or an equivalent. The
issued certificate must clearly indicate the project number, project name, or project description for
which it is being provided. For example:
Project # Project Name: 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 required shall be furnished to the 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 Contract.
5. Subcontractor(s) and sub subcontractor(s) performing work or service shall provide a Certificate of
Insurance in accord with its respective classification to its Contractor.
6. All required endorsements to various policies shall be attached to Certificate of Insurance.
7. Whenever an ISO form is referenced the current edition must be used.
8. Provider shall be required to carry the minimum coverage/limits, or greater if required by law or
other legal agreement, in Exhibit I — Insurance Schedule B.
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Exhibit I
Insurance Schedule B
A) COMMERCIAL GENERAL LIABILITY
General Aggregate Limit $2,000,000
Products -Completed Operations Aggregate Limit $2,000,000
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" or CG 25 03 "Designated Construction Project (s) General
Aggregate Limit" as appropriate.
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) All contractors shall include The City of Dubuque (per the above verbiage) as
an additional insured for completed operations under ISO form CG 2037
during the project term and for a period of two (2) years after the completion
of the project.
B) AUTOMOBILE LIABILITY
$1,000,000 (Combined Single Limit)
C) WORKERS' COMPENSATION & EMPLOYERS LIABILITY
Statutory Benefits covering all employees injured on the job by accident or
disease as prescribed by Iowa Code Chapter 85.
Coverage A Statutory —State of Iowa
Coverage B 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. Coverage B limits shall be greater if required by Umbrella Carrier.
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Umbrella Liabil
Umbrella liability coverage must be at least following form with the underlying
policies included herein.
$10,000,000 Umbrella Liability Coverage
City prime contract values in excess of $10,000,000
All general contractors and all construction managers for Projects in excess
of $10,000,000 must have umbrella liability coverage of $10,000,000.
Subcontract values in excess of $10,000,000
All Class A subcontractors with subcontract amounts in excess of
$10,000,000 must have umbrella liability coverage of $10,000,000.
$3,000,000 Umbrella Liability Coverage
City prime contract values between $10,000,000 and $500,000
All Class A general contractors and construction managers, with contract
amounts between $10,000,000 and $500,000 must have umbrella liability
coverage of $3,000,000.
Subcontract values in between $10,000,000 and $500,000
All Class A and B subcontractors with subcontract amounts between
$10,000,000 and $500,000 must have umbrella liability coverage of
$3,000,000.
$1,000,000 Umbrella Liability Coverage
City prime and sub contract values less than $500,000
All Class A and B general contractors, construction managers, and
subcontractors with contract amounts less than $500,000 must have umbrella
liability coverage of $1,000,000.
$0 Umbrella Liability Coverage
All Class C prime and subcontractors are not required to have umbrella
liability coverage.
13
D) Pollution Liabilitv —coverage required: yes no
Pollution Liability coverage shall be provided by the prime/general contractor if
project involves any pollution exposures including abatement of hazardous materials
including the removal of lead, asbestos, or PCB's. Pollution product and complete
operations coverage shall also be covered.
$2,000,000 each occurrence
$4,000,000 policy aggregate
a) Policy to include premises and transportation coverage.
b) Include additional insured as stated in Section A(e) above.
c) Include preservation of governmental immunity as stated in A(d) above.
E) Railroad Protective Liabilitv — coverage required: yes no
Any Contract for construction or demolition work on or within fifty feet (50') of a
railroad and effecting any railroad bridge or trestle, tracks, roadbeds, tunnel,
underpass, or crossing for which an easement or license or indemnification of the
railroad is required, shall require evidence of the following additional coverage
by the general/prime Contractor.
Railroad Protective Liability: Per limits required by Railroad or Iowa DOT.
An endorsement to the Commercial General Liability policy equal to ISO CG
2417 (Contractual Liability -Railroads). A copy of this endorsement shall be
attached to the Certificate of Insurance.
14
Preservation of Governmental Immunities Endorsement
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 Governmental 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
15
EXHIBIT A
PRELIMINARY PLAT
16
LEGEND
SUBJECT PROPERTY LINE
EXISTING PROPERTY LINE
o
�-`
GUY ANCHOR
UTILITY POLE
— —
— EASEMENT LINE
�,
UTILITY POLE W/ LIGHT
Q
UTILITY MANHOLE
OHE
OVERHEAD ELECTRIC
0
UTILITY PEDESTAL
0
STORM SEWER
GAS VALVE
S
SANITARY SEWER
WATER VALVE
W
WATER LINE
®
WELL
— — —
BUILDING LINE
$
YARD HYDRANT
BUILDING SETBACK LINE
HIRE HYDRANT
000
CONTOUR LINE
i )
RECORD DIMENSION
SIGN
L
SET 5/8' IRON ROD W/ RED
PLASTIC CAP N0. 21408
®
PROPOSED SANITARY MANHOLE
FOUND 5/8"IRON ROD W/
NO CAP OR AS NOTED
0
AREA INTAKE
IN
FOUND CUT "X"IN CONCRETE
®
PROPOSED STORM MANHOLE
IN
SET NAG NAIL
®
PROPOSED CATCH BASIN
FOUND 1" PIPE UNLESS NOTED
DOWNSPOUT
B.H.
BUILDING HEIGHT
$
TRAFFIC SIGNAL
COR.
CORNER
II
LIGHT POLE
RCP
REINFORCED CONCRETE PIPE
LOCATION MAP 3
(NOT TO SCALE)
STARLITE
PRELIMINARY PLAT
CEDAR RIDGE COMMERCIAL PARK
IN THE CITY OF DUBUQUE, IOWA
DENING
y /
P
DRIVEWAY
B / RECONSTRUCTION
EXISTING
CURB LINES AG
�
MvucE
♦ I SIDEWALK /� \ �
� �\ ✓�%%///�\
DESCRIPTION: LOT 2-2 OF MINERAL
LOT 230, LOT 1-3 OF MINERAL LOT
232, AND LOT 2 OF MERFELD ACRES,
ALL IN THE CITY OF DUBUQUE, IOWA
ZONING: CS - COMMERCIAL SERVICE
AND WHOLESALE
LOT 2-2 MINERAL LOT 211A.
ARMORED A ND LOT 1-2 NIrvRRAL LOT 2.10
DRAINAGE
SWALE
� -
N31'42'3B+ 1 ����� \pROPOSEO
,EASEMENT
\
8�6 TxA� WATER
STORM` \
EA EMENT
\ \`
��
SLOT 1 V
\ e
OTB/��%
O.Os acRes� ,y '� �� J 3.867 ACRES \
PROPOSED \ \
2000Z18 \ \
DETENTION
BASIN \
�
\ \ \� \ PRIVAIE STORM SEl4ER \
W/y� \y�NH; �53J 18 E _�� \ AND DETENTION SSE'
y��
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W
`� \ \ PROPOSED
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\ 33.31' S
\ l\ \ STORSANIMASEWER -
1 ^
I STREET WIDENING \ PROPOSED�\ AND CHANNELIZATION' \ b
EASEMENT
\10 S
/ \ E%ISTNG GROUND TO BE LOWERED UTDIT Ip\
\
TO IMPROVE SIGHT DISTANCE EASEMENT
\m�
IhII"� 2 BUILDING \�
i
SETBACK
AC
\
\ . \ \ PUBUC WATER \ ,
WATERMAIN \ AND SEWER MAIN
RELOCATION b� \ LOT 2 \ Cz
III II 13.160 ACRES CE \
-� HMA
\
3 BEGIN PAVEMENT \ \ \
WIDENING \ I PRIVATE STREET \
L
\ \\
NORTH
GRAPHIC SCALE
C 60 120
DRAWING MAYI HAVE BEEN REDUCED
(" EXISTING
SANITARY
MANHOLE/
PUBLIC SANIT Y
SEWER EASEM NT I ,.J 1� 35�
AND EXTE ON
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II ARMORED' )f� - I "�_ SEWER \
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\ 64�4 V \ V PROPOSED AA \
1 ` PROPOSED 10' PUBLIC I I AC w \ PRIVATE
-UTILITY EASEMENT \ \ \ DETENTION \�\�
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\, ��� 1 \ \ \ � LIGHTING �
\�
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WATER DETENTION \
v E. ���' ae A LOT 3 EASEMENT (( //�(\ p\ \ 11
T.alk
2s4e ACRES
1 eE.K 1 ORwAEK 1 s\ Bg35 — \ \ \ \ CE \ i0PS01G \\\ � III \ FOUND T-BAR
\ 5 Har L R P 4v, � \ \ STOCK PILE ` J p" ( 20' BUILDING\
-TvTa-�
ZONING: PR - PLANNED RESIDENTIAL
—AH N o \. O �ERq w— A e e 1� a x2 ��o SETBACK
.uuE x 6j K' P e0O Ot \ _ \ \ PERIMESITE
TER \ /\
/ \HOC I T I 0 / � .�� � \ BERM \ 1 nEA
IRAwaRUTH ESELSe�aiKs2 I _ xilz- oEAR q As \
L o LOT zTH A %
ES 01ERIOsED— xC ANEY O HAxsa AM K R \ IcTTR TcxKs. I KT \ e K 2x0 �� \ / 'n LOT z 1� OMER. H
'DIVING.
PR IOcae D x \ \�'/ L uo ` / KaTHRrN a
OT I
II D
eO \c J IOMER µ'O3^. E \ BARB—
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TYPICAL SECTION ' ZONING oRslry -° �T3
Ce.DI 42 B_B. ro reu C-3: GENERAL COMMERCIAL \ 1 \ \
BUILDING SETBACKS:
o JoaoAu xANNJ
FRONT: MINIMUM 20 FEET
SIDE: MINIMUM 20 FEET, IF ABUTTING RESIDENTIAL
REAR: MINIMUM 20 FEET, IF ABUTTING RESIDENTIAL
-
LOT REOUIREM ENTS:
wA/w
MINIMUM LOT AREA: 5000 SQUARE FEET FOR
DATE OF SURVEY:
LICENSED ADULT DAY & CHILD CARE SERVICES.
JANUARY 6, 2021
.T omrcsl
20,000 SQUARE FEET FOR VEHICLE SALES. ALL
OTHER USES: NOT SPECIFIED.
TOTAL AREA SURVEYED:
11.06 ACRES THIS SURVEY IS SUBJECT TO
L°M ° TreE xTre
MINIMUM LOT FRONTAGE: MINIMUM 50 FEET
EASEMENTS, RESERVATIONS,
14 TYPICAL SECTION
RESTRICTIONS AND RIGHTS -OF -WAY
C8.01 31• B-B nm ry m.•.
BUILDING HEIGHT:
OF RECORD AND NOT OF RECORD.
MAXIMUM 40 FEET
EXHIBIT B
MOLO OIL COMPANY EASEMENT
17
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EXHIBIT A
A PERMANENT SANITARY SEWER EASEMENT LYING WITHIN LOT 1-2 OF MINERAL LOT 230
AND LOT 1-3-3 OF MINERAL LOT 231 IN THE CITY OF DUBUQUE, IOWA
POINT OF
COMMENCEMENT TAX PARCEL NO. 1027376002
NORTHEAST CORNER
ACE MUFFLER PLACE LOT 2-2 OF MINERAL LOT 211 A
FOUND 5/8-IRON LOT 1-3-3 OF MINERAL LOT 231
REBAR WITH YELLOW S LOT 1-2 OF MINERAL LOT 230
PLASTIC CAP NO. 4850 63• O �� /'
>37,>F POINT OF °� ^` `
BEGINNING
SOUTH LINE OF LOT 1-3-3 PERMANENT
OF MINERAL LOT 231 � •��p
SANITARY SEWER 4 lev
DATE OF SURVEY: —\ ' ' �N633 , �S>>•4�, EASEMENT; AREA `�
DECEMBER 11, 2020 PROP ,1�4 �6"E = 6,775 SQ. FT. „^`'/
TOTAL AREA SURVEYED: sgnnrgRsEp 20 ,3� \ �38 42, ? / /�� I
0.156 ACRES EgSE �' sew 8) / p"E �
(6,775 SQUARE FEET) "'ENr ER S� N8p'0 92, _ ;�h
\ \ 7 6 N �nD
N79.55 5 _ o
THOIS SURVEY IS SUBJECT TO ti1F TE OT 2 4 w �07 61 =- /
EASEMENTS, RESERVATIONS, EXISTING 20' ,
RESTRICTIONS AND RIGHTS -OF -WAY R S�� N62'S5'S4"VU T 63 33p"w SANEASEMENTITARY WER
OF RECORD AND NOT OF RECORD. 23.03 S8p'03
SE CORNER OF LOT 1-3-3
LEGAL DESCRIPTION: PERMANENT SANITARY SEWER EASEMENT OF MINERAL LOT 231
A PARCEL OF LAND LYING WITHIN LOT 1-2 OF MINERAL LOT 230 AND LOT 1-3-3 OF MINERAL It
LOT 231, BOTH IN THE CITY OF DUBUQUE, IOWA, AS FILED WITH THE DUBUQUE COUNTY
RECORDER IN PLAT BOOK 4, PAGE 323, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: /
COMMENCING AT THE NORTHEAST CORNER OF ACE MUFFLER PLACE IN THE CITY OF DUBUQUE,
IOWA, AS FILED WITH THE DUBUQUE COUNTY RECORDER, INSTRUMENT NO. 2424-93;
THENCE SOUTH 63 DEGREES 37 MINUTES 17 SECONDS EAST ALONG THE SOUTH LINE OF SAID
LOT 1-3-3 OF MINERAL LOT 231, 317.35 FEET TO THE POINT OF BEGINNING;
THENCE SOUTH 71 DEGREES 41 MINUTES 06 SECONDS EAST, 238.42 FEET;
THENCE NORTH 80 DEGREES 03 MINUTES 30 SECONDS EAST, 76.92 FEET;
THENCE NORTH 37 DEGREES 54 MINUTES 55 SECONDS EAST, 126.71 FEET;
THENCE SOUTH 82 DEGREES 30 MINUTES 20 SECONDS EAST, 26.37 FEET TO THE WEST LINE OF
AN EXISTING 20' SANITARY SEWER EASEMENT;
THENCE SOUTH 77 DEGREES 18 MINUTES 36 SECONDS WEST ALONG SAID WEST LINE, 9.04 FEET;
THENCE SOUTH 05 DEGREES 21 MINUTES 46 SECONDS WEST ALONG SAID WEST LINE, 16.89 FEET;
THENCE NORTH 82 DEGREES 30 MINUTES 20 SECONDS WEST, 7.06 FEET;
THENCE SOUTH 37 DEGREES 54 MINUTES 55 SECONDS WEST, 122.96 FEET;
THENCE SOUTH 80 DEGREES 03 MINUTES 30 SECONDS WEST, 63.33 FEET TO THE SOUTH LINE
OF SAID LOT 1-2 OF MINERAL LOT 230;
THENCE NORTH 62 DEGREES 55 MINUTES 54 SECONDS WEST ALONG SAID SOUTH LINE, 23.03
FEET TO THE SOUTHEAST CORNER OF SAID LOT 1-3-3 OF MINERAL LOT 231;
THENCE WESTERLY ALONG THE SOUTH LINE OF SAID LOT 1-3-3 OF MINERAL LOT 231, THE
FOLLOWING TWO (2) COURSES: NORTH 79 DEGREES 55 MINUTES 54 SECONDS WEST, 107.61
FEET, NORTH 63 DEGREES 37 MINUTES 17 SECONDS WEST, 138.75 FEET TO THE POINT OF
BEGINNING.
CONTAINING 6,775 SQUARE FEET OR 0.156 ACRES, MORE OR LESS, AND SUBJECT TO
EASEMENTS, RESERVATIONS, RESTRICTIONS, AND RIGHT-OF-WAY RECORD AND NOT OF RECORD.
SOUTH LINE OF
LOT 1-2 OF I
MINERAL LOT 230 M/ C 0
\ N� FRT z\ I
\T2
\ 3p I
LEGEND
PROPERTY LINE
EASEMENT LINE
SANITARY SEWER EASEMENT
RECORDED AS
SET 5/8" IRON REBAR WITH
RED PLASTIC CAP NO. 12631
CENTERLINE
RAILROAD
S82'30'20"E
26.37'
S77'18 36 W
-9.04'
1 �
S05.21'46"W n
16.89' n
N82-30'20"W o
7.06' V
o
�o
50,
I \
NORTH
GRAPHIC SCALE
0 50 100
1" = 50'
DRAWING MAY HAVE BEEN REDUCED
IIII111// ' 1 HEREBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT WAS PREPARED ARCHITECTURE
IIw.P.c.
0 W AND THE RELATED SURVEY WORK WAS PERFORMED BY ME OR UNDER MY ♦ ♦
CIVIL ENGINEERING
DIRECT PERSONAL SUPERVISION AND THAT I AM A DULY LICENSED LAND
CONSTRUCTION SERVICES
SURVEYOR UNDER THE LAWS OF THE STATE OF IOWA.
ENVIRONMENTAL ENGINEERING
NDS
EYING
JOHN M. - FOR IIW, P.C. LAIPALEN ENGINEERING
' MUNICIPAL ENGINEERING
TRANMER = _ ' 7 INTEGRITY.EXPERTISE.SOLUTIONS
LS 12631 STRUCTURAL ENGINEERING
G 1---
t^
44 ` JOHN M. TRANME DA DRAWN DMK AT NO. 41-IA-20
LICENSE NO. 12631 MY LICENSE RENEWAL DATE IS 12/31/2022 CHECKED JMT PROJ. N0. 13139
4D11AIN1110\ 0\```` PAGES OR SHEETS COVERED BY THIS SEAL THIS SHEET ONLY P\13\lM\139-01\JDRAWINGS\SURVEY\13139 MOLD
EXHIBIT C
FINAL PLAT APPROVAL RESOLUTION
Prepared by: Wally Wernimont, CitV Planner Address: CitV Hall, 50 W. 13th St Telephone: 589-4210
Return to: Adrienne Breitfelder, City Clerk Address: CitV Hall, 50 W. 131" St Telephone: 589-4121
RESOLUTION NO. - 21
A RESOLUTION AUTHORIZING APPROVAL OF THE FINAL PLAT OF CEDAR
RIDGE COMMERCIAL PARK IN THE CITY OF DUBUQUE, IOWA
Whereas, there has been filed with the City Clerk a Final Plat of Cedar Ridge
Commercial Park in the City of Dubuque, Iowa; and
Whereas, upon said final plat appears a public street to be known as Cedar
Cross Road (Lot B), together with certain public utility easements, public sanitary sewer
easements, public water main easements, and public fiber optics utility easements,
which the owner by said final plat has dedicated to the public and the City of Dubuque
forever; and
Whereas, upon said Final Plat appears a private street to be known as Roso
Court (Lot A), which the owner by said Final Plat has agreed to own, construct and
maintain forever; and
Whereas, upon said Final Plat appears certain private storm sewer easements
and drainage easements, which the owner by said Final Plat has agreed to reserve for
the private owners of Lots 1, 2, 3, and A; and
Whereas, on February 3, 2021, the preliminary plat was reviewed by the Zoning
Advisory Commission and recommended city council approval; and
Whereas, on February 15, 2021, the preliminary plat was examined by the City
Council and its approval has been endorsed thereon; and
Whereas, said final plat has been reviewed by the City Planner and his approval
has been endorsed thereon, subject to the owner's agreeing to the conditions specified
herein; and
Final Plat — Cedar Ridge Commercial Park Page 2
Whereas, said final plat has been examined by the City Council and the City
Council find the final plat conforms to the applicable statutes and ordinances, except
that streets and public utilities have not yet been completely constructed or installed.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the dedication of Cedar Cross Road (Lot B), together with
certain public utility easements, public sanitary sewer easements, public water main
easements, and public fiber optics utility easements, as they appear on said final plat,
be and the same are hereby accepted; and
Section 2. That the private street of Roso Court (Lot A), as they appear on
said Final Plat, be and the same are hereby approved; and that the dedication of the
public utility easement, public sanitary sewer easement, public water main easement,
and public fiber optics utility easement in Roso Court (Lot A), as they appear on said
Final Plat, be and the same are hereby accepted; and
Section 3. That the Final Plat of Cedar Ridge Commercial Park Subdivision is
hereby approved and the Mayor and City Clerk are hereby authorized and directed to
endorse the approval of the City of Dubuque, Iowa, upon said final plat, provided the
owners of said property herein named, execute their written acceptance of the attached
conditions and further agree:
(a) To reduce Cedar Cross Road (Lot B) to grade and to construct
longitudinal sub -drain, concrete curb and gutter with asphaltic
concrete pavement or with Portland Cement concrete pavement
with integral curb, 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.
(b) To reduce the private street of Roso Court (Lot A), to grade and to
construct longitudinal sub -drain, concrete curb and gutter with
asphaltic concrete pavement or with Portland Cement concrete
pavement with integral curb, 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.
(c) To reconstruct that portion of Cedar Cross Road adjacent to the
subdivision, with longitudinal sub -drain, concrete curb and gutter
with asphaltic concrete pavement or with Portland Cement concrete
pavement with integral curb, storm sewer, water main, street
Final Plat — Cedar Ridge Commercial Park
Page 3
lighting and appurtenances, pavement markings, erosion control,
accessible sidewalk ramps and street crossings, and sidewalks,
and reconstruct all affected driveways, 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.
(d) To install public sanitary sewer mains and sewer service laterals
into each individual lot, public water mains and water service
laterals into each individual lot, private storm water detention
basins, private storm sewers and catch basins, private boulevard
street lighting, public fiber optic conduit and vaults, and private
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.
(e) 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.
(f) To construct concrete sidewalk across along Roso Court and Cedar
Cross Road 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.
(g) Except as noted below, to construct the improvements outlined
above within two years from the date of acceptance of this
resolution, at the sole expense of the owners, or future owner. The
reconstruction of Cedar Cross Road shall be completed within 90
days of the start date of the street reconstruction work.
(h) To maintain the public improvements outlined 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.
(i) To maintain the private improvements outlined above forever.
Final Plat — Cedar Ridge Commercial Park
Page 4
Q) To provide security for the performance of the foregoing conditions
for public improvements 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.
Section 4. That sidewalk maintenance shall be the responsibility of each lot
owner for each lot abutting the public and private rights -of -way, including lots with
multiple frontages, as required by City Code Chapter 10-1-2 (Sidewalk Installation and
Repair).
Section 5. That the owner must construct and maintain erosion control devices
in Cedar Ridge Commercial Park which control erosion and prevent sediment from
leaving the site. The owner shall be responsible for maintenance of the all detention
facilities, storm sewers, and storm water drainage improvements, located on or within
the subdivision in perpetuity.
Section 7. 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.
Section 8. 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.
Section 9. That in the event Royal Oaks Development Corporation fails to
execute the acceptance and furnish the guarantees provided hereof within 180 days
after the date of this Resolution, the provisions hereof shall be null and void and the
acceptance of the dedication and approval the plat shall not be effective.
Passed, approved and adopted this day of 2021.
Roy D. Buol, Mayor
Attest:
Adrienne N. Breitfelder, City Clerk
ACCEPTANCE OF RESOLUTION NO. -21
I, the undersigned, A.J. Spiegel, representing Royal Oaks Development
Corporation, having read the terms and conditions of the Resolution No. -21 and being
familiar with the conditions thereof hereby accept this same and agree to the conditions
required therein.
Dated in Dubuque, Iowa this day of 2021.
Az
State of Iowa )
) ss:
County of Dubuque )
A.J. Spiegel, President
Royal Oaks Development Corporation
On this day of 2021, 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.
Notary Public in the State of Iowa
My Commission expires: