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Amendment to Development Agreement - Derby Grange, LLCCopyrighted October 4, 2021 City of Dubuque Consent Items # 10. City Council Meeting ITEM TITLE: Amendmentto Development Agreement- Derby Grange, LLC SUMMARY: City Manager requesting review and approval of a resolution amending the development agreement and the amendment to the development agreement with Derby Grange, LLC. RESOLUTION Approving the First Amendment to Development Agreement between the City of Dubuque, Iowa and Derby Grange, LLC SUGGESTED Suggested Disposition: Receive and File; Adopt Resolution(s) DISPOSITION: FIN aLN:ILyil21zIII l+] Description Type Amendment to Development Agreement - Derby City Manager Memo Grange, LLC-MVM Memo Staff Memo Staff Memo Resolution Resolutions Amendment Supporting Documentation THE CITY OF DUB E Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Amendment to Development Agreement - Derby Grange, LLC DATE: September 29, 2021 Dubuque All -America City IN 2007.2012.2013 2017*2019 City Attorney Crenna Brumwell is requesting City Council review and approval of a resolution amending the development agreement and the amendment to the development agreement with Derby Grange, LLC. Derby Grange, LLC originally planned a three phase development of residential units. Derby Grange, LLC sold one phase of the development to Vintage Estates for construction of a residential cooperative ownership development. The Development Agreement needs to be amended to remove Phase 3 from the Development Agreement. I concur with the recommendation and respectfully request Mayor and City Council approval. Mic ael C. Van Milligen L[yTI LWA Attachment cc: Crenna Brumwell, City Attorney Cori Burbach, Assistant City Manager THE CITY OF DUB E MEMORANDUM Masterpiece on the Mississippi CRENNA M. BRUMWELL, ESQ. CITY ATTORNEY To: Michael C. Van Milligen City Manager DATE: September 29, 2021 RE: Amendment to Development Agreement - Derby Grange, LLC On November 4, 2015, the City and Derby Grange, LLC entered into a Development Agreement for the development of property on Derby Grange Road. Derby Grange, LLC originally planned a three (3) phase development of residential units. Derby Grange, LLC sold one (1) phase of the development to Vintage Estates for construction of a residential cooperative ownership development. The Development Agreement needs to be amended to remove Phase 3 from the Development Agreement. I respectfully submit the attached resolution amending the development agreement and the amendment to the development agreement for review and approval of the City Council. Thank you. OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944 TELEPHONE (563) 589-4381 / FAX (563) 583-1040 / EMAIL cbrumwel@cityofdubuque.org Prepared by Barry A. Lindal Esq. 300 Main St., Ste. 330 Dubuque IA 52001-6944 (563) 583-4113 Return to Adrienne N. Breitfelder, City Clerk, 50 W. 13" St., Dubuque, IA 52001, (563) 589-4100 RESOLUTION NO. 334-21 APPROVING THE FIRST AMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND DERBY GRANGE, LLC Whereas, City and Developer previously entered into a Development Agreement dated the 4th of November 2015 (the Development Agreement) for the development of property on Derby Grange Road (the Development Property); and Whereas, the Developer originally planned a three (3) phase development of residential units on the Development Property; and Whereas, the Developer has sold Phase 3 of the Development Property for construction of a residential cooperative ownership development; and Whereas, City and Developer have agreed to this Amendment to the Development Agreement to remove Phase 3 from the Development Agreement; and Whereas, the City Council believes it is in the best interests of the City of Dubuque to approve the First Amendment to Development Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA AS FOLLOWS: Section 1. The City of Dubuque hereby approves the First Amendment to Development Agreement between the City of Dubuque and Derby Grange, LLC. Section 2. The Mayor is authorized and directed to sign the First Amendment to Development Agreement on behalf of the City of Dubuque. Passed, approved and adopted this 4th day of October, 2021. <1 Roy D. B I, Mayor Attest: A Adrienne N. Breitfelder, City Clerk AMENDMENT TO DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND DERBY GRANGE, L.L.C. This Amendment to Development Agreement, dated for reference purposes the f ' day of k-,c l' , 2021, is made and entered into by and between the City of Dubuque, Iowa ( ity) and Derby Grange, L.L.C. (Developer). Whereas, City and Developer previously entered into a Development Agreement dated the 4E" of November 2015 (the Development Agreement) for the development of property on Derby Grange Road (the Development Property); and Whereas, the Developer originally planned a three (3) phase development of residential units on the Development Property; and Whereas, the Developer has sold Phase 3 of the Development Property for construction of a residential cooperative ownership development; and Whereas, City and Developer have agreed to this Amendment to the Development Agreement to remove Phase 3 from the Development Agreement. THEREFORE, in consideration of the mutual terms and covenants contained herein, the parties agree as follows: 1. Section 1 of the Agreement is hereby amended to read as follows: SECTION 1. LEGAL DESCRIPTION OF PROJECT AREA. ALL THAT PART OF THE RIGHT OF WAY OF JOHN F. KENNEDY ROAD LYING BETWEEN THE NORTHWESTERLY RIGHT OF WAY LINE OF NORTHWEST ARTERIAL (IOWA STATE HIGHWAY #32) AND THE SOUTHEASTERLY EXTENSION OF THE SOUTH LINE OF LOT 2 OF TSCHARNER PLACE NO. 3, IN DUBUQUE COUNTY, IOWA. ALL THAT PART OF THE RIGHT OF WAY OF DERBY GRANGE ROAD LYING EASTERLY OF THE SOUTHERLY EXTENSION OF THE EAST LINE OF LOT 1-2 OF TSCHARNER PLACE, IN DUBUQUE COUNTY, IOWA. LOTS A, B, C, E, F AND G OF RUSTIC POINT ESTATES, IN THE CITY OF DUBUQUE, IOWA; AND 080513cmb LOTS 8 THRU 11, INCLUSIVE, AND LOTS 17 THRU 20, INCLUSIVE, AND LOTS 27 THRU 33, INCLUSIVE, AND LOTS 44 THRU 49, INCLUSIVE, OF RUSTIC POINT ESTATES, IN THE CITY OF DUBUQUE, IOWA; AND LOTS 1-12 AND 2-12 OF RUSTIC POINT ESTATES, IN THE CITY OF DUBUQUE IOWA, AND LOTS 1-13 AND 2-13 OF RUSTIC POINT ESTATES, IN THE CITY OF DUBUQUE IOWA; AND LOTS 1-14 AND 2-14 OF RUSTIC POINT ESTATES, IN THE CITY OF DUBUQUE IOWA; AND LOTS 1-15 AND 2-15 OF RUSTIC POINT ESTATES, IN THE CITY OF DUBUQUE IOWA; AND LOTS 1-21 AND 2-21 OF RUSTIC POINT ESTATES, IN THE CITY OF DUBUQUE IOWA; AND LOTS 1-22 AND 2-22 OF RUSTIC POINT ESTATES, IN THE CITY OF DUBUQUE IOWA; AND LOTS 1-23 AND 2-23 OF RUSTIC POINT ESTATES, IN THE CITY OF DUBUQUE IOWA; AND LOTS 1-24 AND 2-24 OF RUSTIC POINT ESTATES, IN THE CITY OF DUBUQUE IOWA; AND LOTS 1-25 AND 2-25 OF RUSTIC POINT ESTATES, IN THE CITY OF DUBUQUE IOWA; AND LOTS 1-26 AND 2-26 OF RUSTIC POINT ESTATES, IN THE CITY OF DUBUQUE IOWA; AND ALL OF RUSTIC POINT ESTATES #2, IN THE CITY OF DUBUQUE, IOWA, EXCEPTING THEREFROM LOT Q; AND ALL ADJOINING PUBLIC RIGHT OF WAY IN DERBY GRANGE ROAD AND JOHN F. KENNEDY ROAD ALL IN THE CITY OF DUBUQUE, IOWA PARTS OF LOT 1 OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 9, T89N, R2E OF THE 5T" P.M., AND LOT 1 SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 8, T89N, R2E OF THE 5TH P.M., AND LOT 2 OF ASBURY E PLAZA NO 16, IN DUBUQUE COUNTY, IOWA, BEING A STRIP OF LAND 200' FEET IN WIDTH LYING 100' ON EACH SIDE OF THE FOLLOWING DESCRIBE❑ CENTERLINE: BEGINNING AT A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF DERBY GRANGE ROAD WHICH IS APPROXIMATELY 481.50 FEET EASTERLY OF THE WEST LINE OF THE SOUTHEAST OF THE SOUTHEAST QUARTER OF SECTION 8, TOWNSHIP 89 NORTH, RANGE 2 EAST OF THE FIFTH P.M., DUBUQUE COUNTY, IOWA, THENCE SOUTH 53 DEGREES 08 MINUTES 16 SECTIONS WEST A DISTANCE OF 916.16 FEET, THENCE SOUTH 33 DEGREES 56 MINUTES 58 SECONDS WEST A DISTANCE OF 764.04 FEET; THENCE SOUTH 86 DEGREES 47 MINUTES 56 SECONDS WEST A DISTANCE OF 504.36 FEET; THENCE SOUTH 41 DEGREES 33 MINUTES 58 SECONDS WEST A DISTANCE OF 415.37 FEET TO A POINT ON THE EASTERLY LINE OF EASEMENT "B" AS SHOWN ON DOCUMENT NUMBER 2008-00016144 IN THE OFFICE OF THE DUBUQUE COUNTY RECORDER AND THE POINT OF TERMINATION. 2. 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B �, ' 0 Y -O - ;,O r T r _ i:0 �I'j ; mco r qA k'k' c' - m Go R� r,��s"]eJ,••7:. q,. a �� •`Y :� - `x- e°n'' On %fir• � _ � _ � �y"� �m $' •' e0o � Gs Mo � �r 2 -.�_sr`�o'n•y�� -_1_ -Uti � ' 8 r re_"n•• - �o i.aswq '•°4o re r--__,j1 3 u J 8� �p �i o_ �_' — ' i 7Ps'rtl w r s 7 •.e••lr.. w� _ w� n ,Y S _7 Fxy;Ja �5 'oJ61. - Sx��� �y 'k �h ��• � a 1'd � •t or��"O) L, v°eer na[I PAO.Ke7 1 40, 200s3 OArE NSN sivis ;,—' R FINAL PLAT rr�,.am rua A3�sf�. ANG p�ri /Z070 �snsmm-°rra,ti ' ca'i I RUSTIC POINT ESTATES /2 :foa�si4n1 M1orM�in F!G"1p°i 'PD 'SCAF' ari [xSdi PU0nC11E. 10MA [1➢YbY.F. y 'AT]N "'• OyW Ai-� 5LE 1)N! $CAL • - 2 14,11 m o LiJ I„' rn•; �-7� 33d I '� ' iasrt°Ci?; IS, 9 h I As'+ I TPi It`is }K 4 I ki � 5 8 A g a m ws Lss.xll •__ i �0 .0 O 4 ! _ N ancx _as - , ¢T 'ea i -r � Bu -•-_ ply u,, -.__ �w, _W ff 7 y�rr Co G a "fT O _ wTo � n cp S'W '•N -,O v IM 0-1 o_ ua '#J9� 4- d7 in 91EET MU V cT No. m45 i HATE yfNSItlHS DRAM m-, 1 $ FINAL PLAT .xc� ���,. AUE�SING a„ti�saao lop�pe7o m� 7 oc.ar u...i uc uuw Eion.m RUSTIC POINT E5Ta7E5 ,4x ,�, s: wcw ;,, sC.1E: .n�m,s arcaeo yr: m 1 CumlalE. wwx cu�'r.. sirs " ..,, .,,-.,,. • crr w:a cc..,r ..,h. _-- n. mra L A-� T-BARNWOOD 04. 6-4 aaqq rn ,9 It 5 yt,4 J.Affe ir tf gi, ti 2F, zo ;CA 0 iD m I —A, 40 m4n zr nr ft v 0 .01 MAL ?LAI 7 rnJINV9. zw.5 1 RUSTIC POINT ESTATE' S #2 MMUDLIf NMA U— � JLC T� L, "I" ---m 1r R— 1!g OiECKED B, SIT , __ UK Sheet 6 of 8 Surve ofs Certificate I, Terry L. Koelker, a Duly Licensed Land Surveyor in the Stale of Iowa, do hereby certify that the following real estate was surveyed and platted by me or under my direct personal supervision, To Wit: Lot D of Rustic Point Esletes, in the City of Dubuque, Dubuque County, Iowa. This survey was performed for the purpose of subdividing and platting said real estate henceforth to be known as RUSTIC POINT ESTATES #2 in the City of Dubuque, Dubuque County, Iowa. The Total area of RUSTIC POINT ESTATES #2 is 35.303 acres. All Lot areas are more or less and all Lots are subject to easements, reservations, restrictions, and Fights•of-way of record and not of record, the plat of which is attached hereto and made a part of this certificate. All monuments are placed or shall be placed within one year from the date this plat is recorded. I hereby certify that this land surveying document was prepared and the related survey work was performed by me or under my direct personal supervision and that I am a duly licensed Land Surveyor under the laws of the Stale of Iowa. t3Y.- ly lam, Terry L. Koelker Date Licensed Land Surveyor License No. 15487 License Renewal Dale: 12/31/21 Owner's Consent Dubuque, Iowa A9-,tr-/Q, a12021 The foregoing Final Plat of: RUSTIC POINT . ESTATES 42 in the City of Dubuque, Dubuque County, Iowa, is made with the free consent and in accordance with the desires of the undersigned owners and proprietors of said real estate. We hereby dedicate Lot J for Storm Water Detention Basin purposes, Lot K for Public Park purposes, and Lot L (Wagon Wheel La.), Lot M (Sickle Ln,), Lot N (Rustic Point Ln-), Lot O (Wagon Wheel Ln.), and Lot P (Lasso Ct,) for street and utility purposes, and all easements, except as noted on Sheet 1, as stated and as shown, to the public. Derby Grange, LLC State of Iowa } County of Dubuque } Ss: On this 17 day of k4 U.% , AD 2021, before me the undersigned, A Notary Public in and for the State of Iowa, Ifersonally appeared LOV1to me personally known, who, being duly sworn did say that he is a Paflner of Derby range, LLC and that the seas affixed to the above instrument was signed and sealed on behalf of said limited liability company by authority of Its Board of Directors, and that said , acknowledged the execution of said Instrument to be the voluntary act and doed of said limit d liability company by it voluntarily executed. Witness my hand and Notarial Seal on the dale above written. r J r [ r , ;": r•f.c3e �1P R f I� lV rn e rf 'MY' •..f % a Pub ic.m and for the State of Iowa .trmrv-M4in' t%7�-f�irs5 �-�S2oZt Attorney's Certificate Dubuque, Iowa TO WHOM IT MAY CONCERN: $heel 7 of B Qygdsf 20 , 2021 This will certify that I have examined the abstract of title covering Lot D of Rustic Paint Estates, in the City of Dubuque, Dubuque County, Iowa, according to plats thereof covering the period from govemmerrt en1 to 5 t Zdz I aF ; [xY a . certified on that date by �fr- 1 7� % and find that said abstract shows good and merchantable iitfe to said real estate in LA C. ' .-A f rab6 ♦♦X C•r �- free and clear of all lions and encumbranceV sows taxes paid including taxes for the year 7-0j4 - za ir'PPoPer`iy �s sd cc-F -h, a +`+erg�e: Serfe be zol7 PrcMie� �""K "{ed , fej Sep4e�6er 13, zp17 41 X1s 0 -,e-t" Attorne-at-Law County Treasurer's Certificate Dubuque, Iowa 43�lvo�` g ao 2021 1, the undersigned, Eric Stierman, Treasurer of Dubuque County, Iowa, do hereby t prlify that all taxes levied against Lot D of Rustic Point Estates, in the City of Dubuque, Dubuque County,14l7g; h been paid and said real estate is free from taxes as of this date. Treasurer of Dubu unty, Q�Va ' �+ IVA ''+�jr+�lQ• Cit�oi Dubuque Plannlng Services +.. •```�� Dubuque, Iowa " f .2021 The foregoing Final Plat of: RUSTIC POINT ESTATES tk2 In the Clty of Dubuque. Dubuque County, Iowa, is hereby approved by City Planner of the City of Dubuque, Iowa, and approval of said plat by the City CQun6l of the City of Dubuque is hereby recommended. W TVVAKjriio—ntAW anner C of buque City of Dubuque, Iowa Dubuque, Iowa 2021 Nnn y C.5pfa K, Nrr P"Teern Ad,L,,,, sr,.i ri3er UA The undersigned,ftuyti,.— f-Magnr. and h'ewrrFig staht�tlerk, of the City of Dubuque, Iowa, do hereby certify that the foregoing Final Plat of: RUSTIC POINT ESTATES #2 in the City of Dubuque, Dubuque County, Iowa, and the dedication of Lot J for Storm Water Detention Basin purposes, Lot K for Public Park purposes, and Lot L (Wagon Wheel Ln.), Lot M (Sickle Ln,), Lot N (Rustic Point Ln.), Lot O (Wagon Wheel Ln.), and Lot P (Lasso Cl,) for street and utility purposes, and all easements, except as noted on Sheet 1, as staled pnd as shown, to the public, as appears heretofore has been filed on E7 day of AugU5-r ,2021asresofulion# A91-dI in the offneofthe City Clerk of Dubuque, Ie va and that the City Council of the City of Dubuque, Iowa, approves said plat. Ma or o e Ci of Dubuque, IA ,,, Tim Clerk of the City of Dubu ue, IA 10 Sheet 6 of 6 City Assessor's Certificate Dubuque, Iowa �, 2021 The foregoing Final Plat of: RUSTIC POINT ESTATES #2 in the City of Dubuque, Dubuque County, Iowa, was entered of record in the Office of the City Assessor of the City of Dubuque, Iowa, on the date first written above, City Asses r, City of Dubuque. County Auditor Dubuque, Iowa 20 , 2021 The foregoing Final Plat at: RUSTIC POINT ESTATES #2 in the City of Dubu ue' CJ ar que y�op'� y, Iowa, was entered of record in lie office of the Dubuque County Auditor This `�� d y os-� woof 2021. 0 ! �- �31 We approve of the subdivision name or title to be recorded. County uditoroff buque,IofiT"-- r Recorder's Certificate Dubuque, Iowa ��t g 2( , 2021 Thllforegoing Final Plat of: RUSTIC POINT ESTATES #2 in the City of Dubuque, Dubuque County, Iowa, has been reviewed by the Dubuque County Recorder. J?�.. ;p• JoWMvrohy Dubuque County RecorderW/1e���ft o� WTI 11 Prepared by: Wally Wemimont, City Planner Address: City Hall, 50 W. 130 St (563) 589-4210 Return to: Adrienne Breitfelder, City Clerk Address: City Hall, 50 West 131' St (563) 589-4121 RESOLUTION NO. 281-21 A RESOLUTION AUTHORIZING APPROVAL OF THE FINAL PLAT OF RUSTIC POINT ESTATES #2 IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, there has been filed with the City Clerk a Final Plat of Rustic Point Estates #2 in the City of Dubuque, Dubuque County, Iowa; and Whereas, upon said final plat appear public streets to be known as Wagon Wheel Lane (Lot L), Sickle Lane (Lot M), Rustic Point Lane (Lot N), Wagon Wheel Lane (Lot O), and Lasso Court (Lot P) and detention basin (Lot J), public park (Lot K) and together with certain public utility, storm sewer, sanitary sewer, storm drainage, cul-de- sac, and water main easements, which the owner by said final plat has dedicated to the public forever, and Whereas, the preliminary plat has been examined by the Zoning Advisory Commission 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 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 Wagon Wheel Lane (Lot L), Sickle Lane (Lot M), Rustic Point Lane (Lot N), Wagon Wheel Lane (Lot O), and Lasso Court (Lot P) and detention basin (Lot ,t) and public park (Lot K) together with certain public utility, storm sewer, sanitary sewer, storm drainage, cul-de-sac , and water main easements, as they appear on said final plat, be and the same are hereby accepted; and 12 Final Plat — Rustic Point Estates #2 Page 2 Section 2. That the Final Plat of Rustic Point Estates #2 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 Wagon Wheel Lane (Lot L), Sickle Lane (Lot M), Rustic Point Lane (Lot N), Wagon Wheel Lane (Lot O), and Lasso Court (Lot P) 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, and temporary cul- de-sacs, 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 grade Public Park (Lot K) in accordance with the City of Dubuque standard specifications in a manner acceptable to the City Engineer and Leisure Services Manager, in conformance with construction improvement plans approved by the City Engineer, and inspected and approved by the City Engineer. (c) To install sanitary sewer mains and sewer service laterals into each individual lot, water mains and water service laterals Into each individual lot, sanitary sewer lift station force main and appurtenances, storm water detention basin and rip -rap channel (Lot J), storm sewers and catch basins, boulevard street fighting, fiber optic conduit and vaults, and erosion control devices all in accordance with the City of Dubuque standard specifications in a manner acceptable to the City Engineer, and in accordance with construction improvement plans approved by the City Engineer, and inspected and approved by the City Engineer. (d) 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 fn accordance with the construction improvement plans approved by the City Engineer, and inspected and approved by the City Engineer. (e) To construct concrete sidewalk across Lots J and K 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. 13 Final Plat -- Rustic Point Estates #2 Page 3 (f) To construct the improvements outlined in (a), (b), (c), (d), and (e) above within two years from the date of acceptance of this resolution, at the sole expense of the owners, or future owner. (g) To maintain the improvements outlined in (a), (b), (c), (d) and (e) 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. (h) That access to Derby Grange Road is prohibited from Lots 5 thru 7 and access to John F. Kennedy Road is prohibited from Lots 1 thru 5 and 73 thru 78 of Rustic Point Estates #2. (i) To provide security for the performance of the foregoing conditions specified in this Section in such form and with such sureties as may be acceptable to the City Manager of the City of Dubuque. Iowa. Section 3. That sidewalk installation shall be the responsibility of each lot owner for each lot abutting the public rights -of -way, including lots with multiple frontages, as required by City Code Chapter 10-1-2 (Sidewalk Installation and Repair). Section 4. That the owner must construct and maintain erosion control devices in Rustic Point Estates #2 which control erosion and prevent sediment from leaving the site. The owner shall also be responsible for maintenance of the detention facility and rip -rap channel located on Lot J and Lot K of Rustic Point Estates #2 until 80% of the lots in Rustic Point Estates #2, which drain into said detention facility, have been fully developed and adequate erosion control measures, as approved by the City Engineer, have been installed on the remaining 20% of said lots. Until the above 80% of lots are developed, maintenance of the detention facility and rip -rap channel in Lot J and Lot K of Rustic Point Estates #2 shall include the removal of sediment and other debris caused by construction activities in Rustic Point Estates and reshaping and reseeding of the disturbed areas. After said 80% lots are developed, inspection, administration, and maintenance expenses incurred by the City of Dubuque for the storm water detention facility and rip -rap channel on Lot J and Lot K of Rustic Point Estates #2 shall be assessed against the property owners, except the City of Dubuque, in Rustic Point Estates #2, as indicated on the preliminary plats thereof, in equal amounts. The City Manager shall certify such costs to the City Clerk, who in turn shall promptly certify such costs to the Dubuque County Treasurer, and such costs shall then be collected with and in the same manner as general property taxes in accordance with provisions of law. Section 5. That the planting of street trees shall be coordinated with the City's Urban Forester. Any tree(s) planted within the street right-of-way must be approved by the Urban Forester. The locations and species of tree(s) will be approved by the Urban Forester and planted and cared for though establishment by the developer at the developer's expense. 14 Final Plat — Rustic Point Estates #2 Page 4 Section 6. 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 7. That in the event Derby Grange, LLC 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 1611' day of August, 2021. Attest: Dann C. 5prank, Mayor Pro Tern Adrienne N. Breitfelder, Laity Clerk 15 CERTIFICATE of the CITY CLERK STATE OF IOWA SS; COUNTY OF DUBUQUE ) 1, Adrienne N. Breitfelder, City Cleric, do hereby certify that I am the duly appointed, qualified, City Clerk of the City of Dubuque, Iowa, in the County aforesaid, and as such City Clerk, I have in my possession or have access to the records of the proceedings of the City Council. I do further state that the hereto attached Resolution No. 281-21 is a true and correct copy of the original_ In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque, Iowa. Dated at Dubuque, Iowa, on this 1811 day of August, 2021. jAA � /7 A a Adrienne N. Breitfelder, City Cleric 16 ACCEPTANCE OF RESOLUTION NO. 281 -21 I, the undersigned, Brian Riniker, representing Derby Grange, LLC, having read the terms and conditions of the Resolution No. 281-21 and being familiar with the conditions thereof hereby accept this same and agree to the conditions required therein. Dated in Dubuque, Iowa thisIZ4 day of '4'ju5t 2021. 8y Loren F. Steger Derby Grange, LLC State of Iowa ) ) ss: County of Dubuque ) On this &�\ day of 2021, before me, a Notary Public in and for said state, personally of Loren F. Steger, 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. ANotaPublicPitheLState of Iowa My Commission expires: =406}INaH9419 11 17 Preparer. Robert E. Sabers, Robert E. Sabers, P.C., 3003 Asbury Rd., Ste. 1, Dubuque, IA 52001; (563) 556-3266 Return to: Robert E. Sabers, Robert E. Sabers, P.C., 3003 Asbury Rd., Ste. 1, Dubuque, IA 52001 MORTGAGE HOLDERS CONSENT TO PLAT Dubuque, Iowa Premier Bank, Dubuque, Iowa, as mortgage holder does hereby consent to the Plat or Survey or the following real estate: Rustic Point Estates 0 2, in the City of Dubuque, Dubuque County, Iowa, PREMIER BANK By: V-Y) Dated Staci M. Duerr, Vice President Chief Credit Officer STATE OF IOWA } COUNTY OF DUBUQUE ) ss: On this 20th day of August, 2021, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Staci M. Duerr to me personally known, who is being by me duly sworn, did say she is the vice president chief credit officer of Premier Bank, that no seal has been procured by said corporation, that said instrument was signed on behalf of said corporation, by authority of its Board of Directors, and the said Staci M. Duerr as such vice president chief credit officer acknowledges the execution of said instrument to be the voluntary act and deed of said corporation, by it and by her voluntarily executed. Notary Public in and for the State of w aa•� y SARAF YETCALF P X Cw�+e+lydoe NumbN 7624M My Gomm. ErG• Aprrt 7,' 3. All other terms and conditions of the Development Agreement shall remain in full force and effect. [END OF AMENDMENT — SIGNATURE PAGE FOLLOWS] 18 CITY OF DUBUQUE, IOWA By: � Roy uol, Mayor By: alL r1z '/% A 4� Adrienne N. Breitfelder, City Clerk DERBY GRANGE, L.L.C. By: ?1� ;L� Its:_Dnan Ri^ �� /Ylgv�+ti�✓ 19