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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 THE C Dubuque DUUB_-_*._TE *Awiu Ciq ' iece on the Mississippi Masterpiece PP zoo�•zoi 2-2013 zoi7*2019oi9 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 THE CITY F DUT�BQTE Masterpiece on the Mississippi 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 Dubuque AII•Ameriea Cl1 2ao7•2012-2013 2017*2019 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, 2 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 3 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 2 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 7 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 8 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 10 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. 11 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. 12 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�� R/ 640z'W o \ Sf G e \ W `� \ \ PROPOSED 3&312' \0 E\ \ 3�1 Px_ \� �2$¢ST \ 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 / �i // '9'%/�/\i- L 1\0D. D \ 159�"F.725 � I`?"I,y17 r, STIN AINITARY II ARMORED' )f� - I "�_ SEWER \ DR SWALE� RAILROAD PRO D E L P Ot E ENT SA S � P1 I \ \ EXISTING n n4 I i SANITARY GENTERLINE \ ANHOLE `P RAILROAD \ \ IIIIII N�9'12'4�6"E \ \ I \ \ PAVEMBYTASSOCIAITON �. \� �A \\ �\ \ 64�4 V \ V PROPOSED AA \ 1 ` PROPOSED 10' PUBLIC I I AC w \ PRIVATE -UTILITY EASEMENT \ \ \ DETENTION \�\� \\ \\ I \ \ \ \ \ \ \' \ \ 1 PRIVATE BASK 1P NIG20A9 , STREET \ AC \ \, ��� 1 \ \ \ � LIGHTING � \� ^\ _ � /�\ 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— I sRes x// L 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 w Ld a z w d Q N 0 N '0 r M LJ Q -,� C J Jm 't000o N NQ Z J HmQW Q Z N W ZW LL Z IL g 0— 0 In In J _ w W O O m Z QL,) Lo � x N Z Z O �I'`1�F}-U O U J W—LID O O N M N U W J Ld 'W � I ! wC3 0 0 o <n z UC=3Ld 0_ ::) z HHI-l-m J = co 000zo M d o boa C L 0 L: —O is L �' O N O TO v a 6 L' E J 0_ 0_ U) f! 0 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: