Loading...
Westbrook Subdivision Phase II_Development AgreementMasterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Development Agreement for Phase Two of Westbrook Subdivision DATE: March 30, 2011 Dubuque bfril Al- Amedcacily hli ll? 2007 Planning Services Manager Laura Carstens recommends City Council approval of the Development Agreement with Joel Callahan, President of Callahan Construction, Inc., for Phase Two of Westbrook Subdivision. In January, 2011, Mr. Callahan requested City assistance for affordable owner - occupied housing in Phase Two of Westbrook Subdivision. Staff informed him that the City no longer provides incentives for affordable owner - occupied housing, but that the City now will consider incentives for residential subdivisions that incorporate sustainable development tools for a minimum score of 80 points. The Development Agreement sets forth the terms and conditions for City assistance for Phase Two of Westbrook Subdivision and includes: • Allows the use of polyvinylchloride (PVC) C900 pipe for water and sanitary sewer lines. There would be a prohibition on above - ground and underground fuel storage tanks within 1,000 feet in the adjoining commercially -zoned lots. • An "Assessment Agreement" in lieu of bonds and a letter of credit for posting securities in the amount of 25% of the construction costs for public improvements is included. The use of PVC pipe and the 25% assessment agreement are supported by City staff, provided that Mr. Callahan installs sustainable subdivision development tools. Below is a chart of various sustainable subdivision development tools that will enable Phase Two of Westbrook Subdivision to reach the minimum 80 points to qualify for City assistance. Points Sustainable Subdivision Development Tools 30 Solar Subdivision 20 Parkland at UDC ratio of 500 square feet per residential lot (15 points), plus 5 -point bonus or Excess Parkland (1 acre minimum required; 5 acres provided) 5 Reduced pavement width (27 -feet back of curb to back of curb) for all public streets, with parking restricted to one side 5 50% Green Building Code for Phase Two 5 Planting of private trees, with conditions in the Phase Two covenants 5 Native plantings in the park subject to City Planner review and approval 5 Wetlands maintained for innovative stormwater infiltration in the park 5 Native plantings or other innovative infiltration tool in the detention basins, subject to City Planner and City Engineer's review and approval A requirement for receiving sustainable development incentives is that the subdivision must meet the guidelines for recreational open space set forth in the Unified Development Code (UDC). The UDC guideline for recreational open space is 500 square feet per single- or two- family home and 300 square feet per multi - family unit. Waterways, detention /retention areas, and ponds may constitute no more than 50% of the recreational open space. Mr. Callahan has provided an 8,000 square foot (Lot Q) along North Westbrook Drive that will have play equipment as well as a 4.974 acre open space (Lot R) will be planted with native plantings and include wetland areas. I concur with the recommendation and respectfully request Mayor and City Council approval. / MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Laura Carstens, Planning Services Manager Marie Ware, Leisure Services Manager Bob Green, Water Department Manager Gus Psihoyos, City Engineer Ron Turner, Land Surveyor Kyle Kritz, Associate Planner Tim O'Brien, Assistant City Attorney Michael C. Van Milligen Masterpiece on the Mississippi TO: Michael Van Milligen, City Manager FROM: Laura Carstens, Planning Services Manager -sac, SUBJECT: Development Agreement for Phase Two of Westbrook Subdivision DATE: March 31, 2011 Dubuque kritti AA-AmedcaCity 11111f 2007 INTRODUCTION This memo transmits a proposed Development Agreement with Joel Callahan, President, Callahan Construction, for City incentives for sustainable development for Phase Two of Westbrook Subdivision, for City Council review and approval. DISCUSSION Joel Callahan is participating in the "New Production Program" administered by East Central Intergovernmental Association (ECIA) for Westbrook Subdivision Phase 2. This state - funded program helps replace housing stock in Iowa communities and regions affected by the 2008 disasters. In January, 2011, Mr. Callahan requested City assistance for affordable owner - occupied housing in Phase Two of Westbrook Subdivision. Staff informed him that the City no longer provides incentives for affordable owner - occupied housing, but that the City now will consider incentives for residential subdivisions that incorporate sustainable development tools for a minimum score of 80 points, as approved by the City Council. Mr. Callahan met with City staff in February, 2011 to review potential City assistance for Phase Two of Westbrook Subdivision, and to discuss development issues such as PVC water lines, parkland street access, wetland delineation, stormwater management, and other related issues. Follow -up meetings were held in March 2011. The enclosed Development Agreement sets forth the terms and conditions for City assistance for Phase Two of Westbrook Subdivision. These incentives are discussed below. PVC Pipe for Water and Sewer Service The Water and Engineering Departments recommend that the City Council approve Mr. Callahan's request for the use of polyvinylchloride (PVC) C900 pipe for water and sanitary sewer lines in this subdivision because the subdivision is adjacent to a new industrial park. For older industrial and commercial areas where leaking above - ground and underground fuel storage tanks would be more likely to occur, ductile iron pipe for water and sewer services would be required. Development Agreement for Phase Two of Westbrook Subdivision page 2 The Water Department recommends the use of PVC pipe provided there is a prohibition on above - ground and underground fuel storage tanks within 1,000 feet in the adjoining commercially -zoned lots. The Phase Two Development Agreement includes this 1,000 foot separation. The 1,000 foot separation is based on Iowa Department of Natural Resources (IDNR) rules pertaining PVC pipe in the vicinity of leaking fuel storage tanks. (With the 2004 Phase One Agreement, the City standard was only 300 feet separation and only for underground fuel storage tanks based on IDNR rules in effect at the time.) 25% Assessment Agreement Mr. Callahan has requested an "Assessment Agreement" in lieu of bonds and a letter of credit for posting securities in the amount of 25% of the construction costs for public improvements. The Development Agreement provides for the 25% assessment agreement requested by Mr. Callahan as follows. Paragraph 8 of the Development Agreement provides that Callahan Construction will require it's contractors for the installation of the public improvements, to provide a maintenance guarantee for a period of two years from the date of acceptance of the improvements by City Council. This guarantee must be from a surety acceptable to the City and naming the City as a co- obligee, in an amount equal to 25% of the cost of the public improvements. Sustainable Subdivision Incentives The use of PVC pipe and the 25% assessment agreement are supported by City staff, provided that Mr. Callahan installs sustainable subdivision development tools. Below is a chart of various sustainable subdivision development tools that will enable Phase Two of Westbrook Subdivision to reach the minimum 80 points to qualify for City assistance. Points Sustainable Subdivision Development Tools 30 Solar Subdivision 20 Parkland at UDC ratio of 500 square feet per residential lot (15 points), plus 5 -point bonus or Excess Parkland (1 acre minimum required; 5 acres provided) 5 Reduced pavement width (27 -feet back of curb to back of curb) for all public streets, with parking restricted to one side 5 50% Green Building Code for Phase Two 5 Planting of private trees, with conditions in the Phase Two covenants 5 Native plantings in the park subject to City Planner review and approval 5 Wetlands maintained for innovative stormwater infiltration in the park 5 Native plantings or other innovative infiltration tool in the detention basins, subject to City Planner and City Engineer's review and approval Mandatory Recreational Open Space A requirement for receiving sustainable development incentives is that the subdivision must meet the guidelines for recreational open space set forth in the Unified Development Code (UDC). The UDC guideline for recreational open space is 500 square feet per single- or two- family home and 300 square feet per multi - family unit. Waterways, detention /retention areas, and ponds may constitute no more than 50% of the recreational open space. Development Agreement for Phase Two of Westbrook Subdivision page 3 Mr. Callahan has provided an 8,000 square foot (Lot Q) along North Westbrook Drive that will have play equipment as well as a 4.974 acre open space (Lot R) will be planted with native plantings and include wetland areas. This arrangement is a significant change in the parkland for this subdivision. Originally, the park area was to be just Lot R (open space); however, this area was not accessible by ADA standards for play equipment. Mr. Callahan has generously provided Lot Q for the park, which is adjacent to a public street and can be developed in accordance with ADA standards for accessible play equipment. The combined acreage of Lots Q and R significantly exceeds the UDC minimum, so a 5 -point bonus for excess parkland is provided. RECOMMENDATION City staff recommends approval of the Development Agreement with Joel Callahan, Callahan Construction, Inc. for Phase Two of Westbrook Subdivision, with the incentives for PVC pipe for sanitary sewer and water lines, with the restriction on underground storage tanks as noted above, and the 25% assessment provision, in exchange for installation of the above - listed sustainable subdivision development tools for a minimum score of 80 points. Enclosures cc Marie Ware, Leisure Services Manager Bob Green, Water Department Manager Gus Psihoyos, City Engineer Ron Turner, Land Surveyor Kyle Kritz, Associate Planner Tim O'Brien, Assistant City Attorney F:\ USERS \LCARSTEN \WP\ZONING \Callahan Phase 2 \Callahan Westbrook Phase 2 Agreement Memo MVM.doc Prepared by and return to: James A O'Brien 300 Main Street Suite 330 Dubuque IA 52001 563 583 -4113 DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND CALLAHAN CONSTRUCTION, INC. This Development Agreement (this "Agreement ") is entered into this day of , 2011, by and between the undersigned property owner (hereinafter referred to as the DEVELOPER) and the City of Dubuque, Dubuque County, Iowa (hereinafter referred to as the CITY). RECITALS The DEVELOPER is owner or contract buyer of the following described property: Lot A of Westbrook Subdivision in the City of Dubuque, Dubuque County, Iowa (the Real Estate) 1. The DEVELOPER proposes to record a final subdivision plat of a portion of the Real Estate to be known as of Westbrook Subdivision No. 2 (Subdivision) in the City of Dubuque, Iowa, and has prepared a proposed final plat of such subdivision (the "Plat "). 2. CITY has adopted a policy that seeks to encourage sustainable subdivision design and construction. 3. CITY will provide the incentives set forth in this agreement to the Developer if the Subdivision scores 80 points or more under the CITY's Site Design and Building Conservation Subdivision Criteria scoring system. CITY acknowledges that DEVELOPER'S current preliminary design for the Subdivision achieves the eighty (80) points required in § 16 -11 -10 of CITY'S Unified Development Code based on the Sustainable Subdivision Development Tools to be implemented. These eighty Solar Subdivision: Development includes 70% "solar lots" that have a minimum north -south dimension of 75 feet and a front line orientation that is within 30 degrees of the true east -west axis. 30 Provision of recreational open space /parkland at the ratio of 500 square feet of recreational open space per detached single - family home and 300 square feet of recreational open space per multi - family unit. Waterways, detention /retention areas, and ponds may constitute no more than 50% of the recreational open space(15 points). Additional 5 points for over 5 acres. 20 50% of the structures in Phase 2 will conform to the Green Building Code 5 Reduced pavement width (27 -feet back of curb to back of curb) for all public streets, with parking restricted to one side, which reduces the heat island effect throughout the subdivision. 5 Specify in restrictive covenants with a duration of not less than 21 years, through the inclusion of the language attached hereto, that each home owner will plant a minimum of two (2) trees on the owners private property in the subdivision to increase site shading and reduce energy needs for houses, including placement of deciduous trees on the south and west sides of the housing to provide shade to lower cooling costs, and 5 (80) points will count provided the tools are actually implemented and further provided that the credit for the tools may not be counted more than once. NOW THEREFORE, in consideration of the mutual promises set forth herein, the DEVELOPER and the CITY agree as follows: 1. The following Public Improvements required by the CITY for the proposed Plat shall be completed by the DEVELOPER in accordance with the construction documents approved by the City Engineer to provide service to the area being platted: a. Sanitary sewer and service laterals into each lot. b. Water main with hydrants, valves and fittings with service laterals into each lot. c. Asphalt street construction must be built to City standards and specifications, including longitudinal drains as directed by the City Engineer. d. Storm sewers and stormwater detention facilities e. Sidewalks abutting the park lot (Lot Q) in accordance with City Code §10 -1 -2 (Sidewalk Installation and Repair). f. Street lights in accordance with City Standards. 2. The following Sustainable Development Tools totaling a minimum of 80 points required by the CITY for the proposed Plat shall be completed by the DEVELOPER in accordance with the construction documents approved by the City Engineer to provide service to the area being platted: 2 placement of evergreen trees on the north and west sides of the housing protect against winter winds, which can help reduce heating costs. CITY acknowledges that DEVELOPER, by including this in its Restrictive Covenants for the REAL ESTATE, DEVELOPER has satisfied this requirement. Native plantings to be added to the park as approved by the City Planner. 5 Wetlands in the park to be preserved and maintained for innovative stormwater infiltration. 5 The development incorporates native plantings or other innovative infiltration tools approved by the City Planner and City Engineer for on -site stormwater management in the detention basin. 5 3. DEVELOPER will be allowed to apply for foundation permits for lots shown on the Plat, and building permits for lots shown on the Plat as soon as water distribution and roadway surface improvements are approved by the Fire Chief. Final certificates of occupancy for lots shown on the Plat, shall not be issued prior to substantial completion of all Public Improvements for that lot until the residence is completed and an exception is granted in writing by CITY. Such exceptions shall not be unreasonably withheld by CITY. 4. DEVELOPER and any contractor or other agent employed by DEVELOPER shall provide insurance as required by the City Engineer when working within the public rig hts -of -way. 5. If DEVELOPER fails to complete the Public Improvements within three years from the date of this Agreement, CITY may cause the Public Improvements to be constructed in all respects as the City Engineer shall reasonably deem appropriate. DEVELOPER shall remain responsible for all costs incurred by CITY in completing the Public Improvements. CITY may recover any such costs through the assessment process authorized in paragraph 6 below and /or any other legal remedies CITY may choose in its sole discretion. 6. CITY by and through its City Council may make assessments against the Tots shown on the Plat for the costs incurred by CITY in completing any of the Public Improvements required of the DEVELOPER by the Plat or this agreement and /or for any of the other obligations of the DEVELOPER under this agreement. Such assessments shall be allocated to lots according to the benefit received by that lot. DEVELOPER acknowledges that said assessment shall be a lien upon the Real Estate, and hereby agrees to pay the amount which is thus assessed against the Real Estate, and said assessment shall have the same legal force and effect as if all the legal formalities provided by law in such cases had been fully and faithfully performed and observed. DEVELOPER hereby expressly waives every objection to said assessment. DEVELOPER hereby authorizes the City Council of the City of 3 Dubuque, Iowa, to pass any resolution requisite or necessary to make the assessments herein provided for, without further notice to DEVELOPER. The DEVELOPER shall also cause to be executed any additional instrument(s) requested by CITY for the purpose of implementing this assessment. Notwithstanding anything in this Agreement to the contrary, any assessment made under this Agreement shall not be a lien against any property described herein unless and until CITY records with the Dubuque County Recorder a "Notice of Assessment Lien" which Notice shall describe the property against which the lien attaches and the amount of the lien. Lots shall not be released from the requirements of this Agreement prior to the completion of all required improvements associated with the lot or Tots as determined by the City Engineer. 7. DEVELOPER shall not install, and shall not allow others to install, above - ground or underground fuel storage tanks within 1,000 feet of the REAL ESTATE 8. DEVELOPER shall, in its contracts for the installation of the Public Improvements, require it's contractors to provide a maintenance guarantee for a period of two years from the date of acceptance of the improvements by City Council from a surety acceptable to CITY and naming CITY as an co- obligee, in an amount equal to 25% of the cost of the Public Improvements. 9. To the extent allowed by law, DEVELOPER will indemnify and save harmless CITY from and against all liabilities, obligations, claims, damages, penalties, causes of action, costs and expenses (including, without limitation, reasonable attorneys' fees and expenses) imposed upon or incurred by or asserted against CITY by reason of (a) any act or omission of DEVELOPER, or (b) any failure on the part of DEVELOPER to perform or comply with any of the terms of this Agreement. In case any action, suit or proceeding is brought against CITY by reason of such occurrence, DEVELOPER will, at DEVELOPER'S expense and discretion, either defend such action, suit or proceeding, or cause the same to be defended by counsel approved by CITY, which approval will not be unreasonably withheld. To the extent allowed by law, CITY will indemnify and save harmless DEVELOPER from and against all liabilities, obligations, claims, damages, penalties, causes of action, costs and expenses (including, without limitation, reasonable attorneys ' fees and expenses) imposed upon or incurred by or asserted against DEVELOPER by reason of (a) any act or omission of CITY or (b) any failure on the part of CITY to perform or comply with any of the terms of this Agreement. In case any action, suit or proceeding is brought against DEVELOPER by reason of such occurrence, CITY will, at CITY'S expense and discretion, either defend such action, suit or proceeding, or cause the same to be defended by counsel approved by DEVELOPER, which approval will not be unreasonably withheld. 9. This Agreement shall be binding upon the parties hereto and their heirs, successors, and assigns, and the sale by DEVELOPER of any or all of the Tots shown on the Plat shall transfer obligations of DEVELOPER to the successor(s) in interest. 4 10. CITY'S obligations under this agreement are expressly conditioned upon the approval of this agreement by the City Council of the City of Dubuque, Iowa. 11. The parties shall submit any dispute, controversy or claim arising out of, relating to, or having any connection with this Agreement to arbitration in Dubuque, Iowa in accordance with the commercial arbitration rules, then obtaining, of the American Arbitration Association ( "AAA "), except to the extent modified herein, and agree to abide by the arbitral decision and award. Judgment upon the award shall be final and binding and may be entered by any court of competent jurisdiction. This Agreement shall be construed in accordance with the laws of the State of Iowa excluding any conflict of laws provisions. Dated: , 2011 CITY OF DUBUQUE, IOWA By: By Roy D. Buol, Mayor ;J'oel Callahan Attest: By: Jeanne F. Schneider, CMC City Clerk CALLAHAN CONSTRUCTION, INC. (DEVELOPER) STATE OF IOWA ) ) ) DUBUQUE COUNTY STATE OF IOWA ) ) ss: COUNTY OF DUBUQUE ) ss: On this day of , 2011, before me, the undersigned, a Notary Public in and for said County and State, personally appeared ROY D. BUOL and JEANNE F. SCHNEIDER, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Dubuque, Iowa, a municipal corporation; that the seal affixed to the foregoing instrument is the corporate seal of the corporation; that said instrument was signed and sealed on behalf of the corporation by authority of its City Council, as contained in Resolution No. passed by the City Council on the day of , 2011, and that ROY D. BUOL and JEANNE F. SCHNEIDER acknowledged the execution of the foregoing instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it and by them voluntarily executed. Notary Public in and for said State On this day of , 2011, before me, the undersigned, a Notary Public in and for said County and State, personally appeared Joel Callahan, to me personally known, who, being by me duly sworn, did say that he is the managing member of said , that no seal has been procured by said limited liability company; that this instrument was signed on behalf of , and that the said as such officer acknowledged the execution of said instrument to be the voluntary act and deed of said limited liability company by it and by him voluntarily executed. Notary Public in and for said State F:\ USERS \LCARSTEN \WP\ZONING \Callahan Phase 2\ CallahanDevelopmentAgreement _Phase2_032911final.docx 6 January 13, 2010 DUBUQUE, IOWA 7629 Commerce Park Dubuque, IA 52002 PH: (563) 588 -4273 or Fax: (563) 582 -4314 To: Mike Van Milligen, Re: City Assistance for Westbrook #2 We would like to thank the City for the assistance in the first phase of Westbrook. I believe that if there were no assistance from the city that this Affordable Housing Project would never work. We would like to see if the City would assist with the 2nd phase of Westbrook. Attached is a copy of the assistance the city assisted with in PH 1. Callahan Construction would like the same assistance with the 2nd phase. This PH #2 addition will be part of ECIA "New Production Program." The single - family unit production (New Construction) program administered by the Iowa Department of Economic Development, is a program working to replace housing stock in Iowa communities and regions affected by the 2008 disasters. We are looking forward to doing this project and hope that the city is able to help with assistance. Thank you, Joel ftfahan Cal ahan Construction, Inc 563- 213 -1015 5005' 50.00' 60.00' 50 m 01 1 O . � SOl1TNE0tY 1027 scats 0r 102 NWI /4 1481/4, SEC100 J0. 1404, 42E N 8918'38" E 1197.08' 60.00' 50.00• 0 Soon MD, CI 460.00' ] B L O C 44 5919'36" E 732.06' 9600' 1 0- 2 • i 3 6200 5F - 4 0233 `5F N x 6266 5r 810'40'46 - E 301.00 - - -- 4 4 NORTH- WESTBROOK - DR+VE- ---,F. '9L 860 ]1000' x5492( 5007 563]' 56.31' 56.33 f) 54.33' G.6 / \ 4 T ' e 43 g- e. '' 42 41 8A 40 $o 39 38 56]] Sr 4 -SS 3 ] 5F 5433 Sr . 5633 Y 73 ; 5411 SI P. 1 0,7M Sr 5600' 5 ,37 56.' 1 56 u' 5633' 1 130.54' 0 $ 26 z z z z S 8 " g 32 SQ 33 'S 34 $ 35 9 36 0. :o 37 8 5 I °8( 6 0o o T 3 - 5623 sr $ s 5673 Si .. 56]3 5r `. s 5637 SF P. 562.1 sr & • 7163 50 ' i ]a OO J so.00• - - 5D 31 L ' Se.3]' o J S3' 56.3]' S4.]J L) 67.23 J $ I $ ,6"I 1 I 1 /160 9 354.00' -- - - '' - >F 4 .- ia-T-R;41L€ €06E- DR+VE--- JU SM 2 . t6 $1 y 1 1 <62 354.00' _. t 3o.ga, 66.31' Sn.11 TD 56.73' 0 56.33 $ s° 8 31 8 ]4 Q 8 26 = 8 6833 sr 21 5 30 $ 56 29 `t i, E '3633 • 28 50.60' 50.00' 5633' 5633 5633' 36.33' 34 i g m 36 1- 8 3B ',= 21 ��. 22 • $9 23 & _. 24 "a 25 0 ' R z 0- 5633 sE ° `• 5633 Sr "P. 5633 sr $ 5633 Sr $' 10.740 Sr .3 edon - jrA :00' * -/ 3633 ]' _ . • ) / 1469 260.00' 1 ,,{ - 4 - - SOU TH -WESTBROOK -0R+VE - O s' 1 . I 064 23100' SPX_ - 1.0.2./... 6400 f 900*' 66.00' 0 51.30' t C -3 E g o $ s P> z a z - 42 E 840 °g 20 8 19 $? 18 RQ 17 41 ^ 6060 Sr 6000 Sr 6000 54 & 01 6311 5r ' 60.60• K 3 6000' ;628¢ 60.00' 0000 5 1 6330 51 6000' _ 00.19' 36.33' ]6.77, Final Plot of: WESTBROOK SUBDIVISION NO. 2 IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA. Compriscd off LOT A CF WESTBROOK SUBDIVISION, IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA, 104. 6J 6 5 ma SF • LOT 0 17,403 a 7180' P. 5 sr P. 746 50 5033' 72.26' IEl 3059' 24' 4 I' 9 N ' 7630 51 0 11.00 " 79 988'49'44'F 100.00 6 11 0 ]F $ 12 woo 57 8 63 E7 _ C 1 v .V1 0 14 _ 5127 5 4:51' 7: 2 .77 '7 15 ` 7926 Y 4iNs ti 16 1 ` 2,711 Y y ro 154.00' 16U]' . 3 LOT P 11,704 sr 70.43' 16506' 369 4'46'9 647.80' r' EXISTING 25' 100 C ACCESS 6 UTILITY N 6977436' BAIT -- ��((11{� 91.87 • k ▪ 1 { {6.6] / } C } ,} 1 T' 1 1 = ' 1 }1 } ; LOT Q 1}`d 4 .97 4 AC • 7 / S E / e 8 b > 77 / /.33 7 ' / „ 8 913. . x g O� 090 n8920'271169.42(169.32') t ' } to � Iti 1 '}`101 (04(94. SPACE (PARK AREA) 6 NE1MAN05) , 1 } 491.29' 9 SCALE 1" = 100' oso'too' LINE DATA 941E I_1 95 OCA0040 0151 0uW • 14.14' <44.49 `4,14' N69 200' 00009 0602 CYZEI '9F '•51IM['yETSTSI s FOR ' Dom' ®�^ N 4104454E 4414 Q_rJ '�• CIFFLR aQfFSiKE6'3rMal l 1.39c E?]F9�C'7 ES7 V 7FF'•'g3 MaKEUIPRIMMIFEEllErairlii C7©O9FF1c11ELFFSl9 ECM 14 RfaFF9C' co 7116E .0 � Aug EMZIMEO[ME1iIEWa EFi•)E.➢FfIIBgi 51553 015'537 009 C- C-1 C -16 C -1C FA D L - -0 C.72 C -29 -3 27 27 . -36 C z 20 S 00 40 O 0T O 0 z U 3 5' 9, 0 0 00 0 2 SNEE' 5 L a To: City of Dubuque RE: Affordable House Project Callahan Construction, Inc 7629 Commerce Park Dubuque, IA 52002 PH: (563) 588 -4273 or Fax: (563) 582 -4314 January 10, 2011 Callahan Construction, Inc is pleased to announce that Westbrook Subdivision is expanding a 42 Lot Phase #2 accommodating affordable housing project. We are asking for the same assistance that we had in Phase #1. AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND CALLAHAN CONSTRUCTION, INC. This Agreement is made and entered into by and between the City of Dubuque, Iowa (City) and Callahan Construction, Inc. (Developer), this day of 2011. WHEREAS, Developer is the owner of the following described real property in the City of Dubuque, Iowa: Lots 1 through 42, inclusive, of Block 1 and Lot Q of Westbrook Subdivision #2, Dubuque County, Iowa; (the Subdivision); and WHEREAS, Developer is interested in the sale of Tots and /or the construction and sale of homes /units in the Subdivision for owner - occupied affordable housing; and WHEREAS, City is willing to grant incentives to Developer for the sale of Tots and /or the construction and sale of homes /units for owner - occupied affordable housing upon the terms and conditions set forth herein. NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS: 1. Eighty percent (80 %) of the Tots in the Subdivision described above shall be affordable housing lots as defined herein and shall comply with the provisions as defined herein. 2. For purposes of this Agreement, an affordable housing lot shall mean a lot that meets the following standards: a. If it is a lot for a single family dwelling: 1. The lot upon which a dwelling is constructed may not exceed 6500 square feet in area. 2. The street frontage of the lot may not be less than 50 feet and not more than 75 feet. 3. The constructed dwelling may not exceed 1300 square feet of finished space, excluding basements, attics, and garages. 4. The 2011 lot price may not exceed For the sale of affordable housing lots in 2005 and subsequent years, the maximum sales price for each of the lots during each subsequent year shall be the amount obtained my multiplying by a fraction, the numerator of which is the Consumer Price Index - Seasonally Adjusted U.S. City Average For All Items For All Urban Consumers (1967 = 100) published monthly by the Bureau of Labor Statistics of the United States Department of Labor ( "CPI -U "), for December of the year immediately preceding the year at issue, and the denominator of which is the CPI -U for December of 2003. 3. If eighty percent (80 %) of the lots in the Subdivision identified above are designated as affordable housing lots, City shall provide to Developer the following incentives: a. The minimum width of public street pavement width shall be 27 feet and the minimum right -of -way width shall be 42 feet. Parking shall be restricted to one side of the street only. b. Sanitary interceptor sewer connection fees will be waived on the R -2 portion of the subdivision. c. The lot frontage minimum for a single - family dwelling shall be 50 feet and the maximum lot width for a single - family dwelling shall be 75 feet. d. Sanitary sewer mains shall be constructed using 8" PVC SDR26 pipe with 4" PVC laterals. e. Water mains shall be constructed using 8" PVC C900 DR14 pipe. f. City will waive the $500 per acre sewer interceptor fee for the R -2 portion of the development. g. City will waive the preliminary plat fee. h. City will provide interest free loans for water hookup fees for the R -2 Tots only, to be repaid at the closing on the sale of each lot but to be paid in full in five (5) years regardless of the lot sales. i. City will provide an interest free loan for installation of the sewer main for Phase 2 of R -2 section to be repaid as Tots are sold but to be paid in full in five (5) years regardless of lot sales. j. City will provide an interest free loan for the installation of internal water main and service lines for Phase 2 of the R -2 section, to be repaid as Tots are sold but to be paid in full in five (5) years regardless of lot sales. k. City will accept dedication of a park area of approximately three (3) acres in a location acceptable to City and install a pavilion and playground equipment totaling approximately $150,000 in cost, after the street to the park is completed and not sooner than six (6) years. 4. Developer agrees that no more than twenty percent (20 %) of the Tots in the Subdivision shall be sold for more than the maximum sales price for an affordable housing lot as defined herein. This paragraph shall not apply to the sale of any lot upon which a dwelling unit has been built at the time the lot is sold. 5. Developer agrees that eighty percent (80 %) of the dwelling units in the Subdivision shall not exceed 1300 square feet in interior finished space at the time of transfer of title to the purchaser. Except for the other twenty percent (20 %) of the dwelling units in the Subdivision, for each dwelling unit constructed on an affordable housing lot with an interior finished space in excess of 1300 square feet at the time the unit is transferred to the purchaser, the party constructing said unit shall pay to the City a surcharge of $25.00 per square foot for each square foot in excess of said limit. Developer shall include in any agreement for the purchase of a lot or unit in the Subdivision, and in any deed conveying an affordable housing lot or unit, a provision that requires the party who l constructs a dwelling unit with interior finished space in excess of 1,300 square feet, to pay to the City a surcharge of $25.00 per square foot for each square foot in excess of said limit. 6. After a dwelling unit on an affordable housing lot has been transferred to a purchaser, the purchaser shall not be bound by the 1300 square feet restriction provided for in paragraph 2 and 6 above and the purchaser may expand the exterior structure or interior finished square feet of the unit without limit, except as may be limited only by the size of the lot and other applicable laws. No penalty shall be imposed, in accordance with paragraph 6, for any expansion of the exterior structure or interior finished space occurring after transfer of title to the purchaser. 7. It is contemplated and assumed by this Agreement that an affordable housing lot or unit may be transferred by land contract and that an owner /occupant of an affordable housing unit may be a contract buyer pursuant to such a land contract. 8. The provisions of this Agreement are binding upon the parties, purchaser, successors, heirs and assigns of each lot and unit only until such time as the property is transferred to the first owner /occupant. Thereafter, so as to allow the homes to grow with the needs and financial abilities of the owner /occupant, the restrictions identified herein no longer apply. 9. Upon execution of this Agreement, the City shall promptly record this Agreement with the Dubuque County Recorder. 10. City to allow a "Assessment Agreement" instead of bonds and letters of credit. We would like to thank you for your time and help to make this development successful. Thank You Jo � allahan �an Construction, Inc DUBUQUE, IOWA 7629 Commerce Park Dubuque, IA 52002 PH: (563) 588 -4273 or Fax (563) 582 -4314 To: Mike Van Milligen/ Bob Green RE: PVC Water Main PH 2 Westbrook Subdivision water main is located within a 1,000 ft of the future city industrial park. Brent Schuler of City Water Department is indicating that the water main needs to be ductile iron. We are asking to wave this requirement and allow us to install PVC: • $22,000.00 more to go to DIP • Westbrook was zoned R -2 before the industrial park • DNR's only request is no PVC pipe installed within 1,000 ft of commercial contaminated site • Underground storage tanks, are they allowed in the industrial park? • Westbrook water main are about 750 ft from the industrial park see drawing #1 • A creek is located between Westbrook and the city industrial park. Westbrook's water main is about 20' to 25' higher in elevation with the creek (see drawing #2) I feel that the PVC water main located in Westbrook would not be impacted by the concerns of the industrial park. I hope that this information helps understands my situation. Thank you for your time and look forward to your responds. Joel Callahan 563 - 213 -1015 15-10201A PVC Pipe Request may be made to the Water Department for PVC pipe use. In areas where PVC pipe is requested and there is no IDNR report on file, the requestor shall provide the Water Department with a Phase One Environmental Study. Upon receipt of this information the Water Department will determine if PVC may be substituted for DIP. PVC pipe may be substituted for DIP under certain soil condition, where there is no environmental contamination by petroleum products or any other type of contaminants ,that might cause damage to PVC 100, f eet fr m com er 0 Or sirs a pro. (per map). PVC pipe may be substituted for Ductile Iron Pipe in residential areas for size eight inch (8 ") thru twelve inch (12 "). PVC pipe shall be manufactured and tested in accordance with ANSI /AWWA C900. All PVC compounds used in the production of the pipe shall comply with NSF STD 61 for Drinking Water Systems pY 9 Y Components. The PVC Pipe, eight inch (8 ") through twelve inch (12 ") shall be DR 14 Class 305 with working pressure plus surge pressure rating of 305 psi. All fittings for PVC pipes shall be ductile iron. All six inch (6 ") hydrant leads shall be ductile iron pipe. Pipe joints shall be gasketed, push -on type conforming to AWWA C900. Gaskets shall be part of a complete pipe section and purchased as such. All PVC pipes shall be clearly marked in accordance with ANSI/AWWA C900. a. Installation: All materials, such as lubricant, that are used in the installation of the PVC mains and may come in contact with the water being transported shall be certified to NSF Standard N. 61 and shall not adversely affect the portable qualities of the water. The embedment requirement for PVC water mains shall be in accordance with AWWA Standard C605 for "Underground Installation of Polyvinyl Chloride (PVC) Pressure Pipes and Fittings for Water". Embedment shall be type 5 plus twelve inch (12 ") of granular material above the top of the i e. A stranded copper tracer wire of 10 gauge and pp 9 9 with red 30 mil of eth lene insulation shall be laid with the p Y Y PVC water mains. The tracer wire shall be taped to the water mains at 15 foot intervals and looped up from the main to inside a tracer wire access box. The City must be able to successfully perform a continuity test on the tracer wire for the purpose of locating the water mains before the final acceptance. b. Service Connections: All service line connections to the PVC water pipe shall be made in accordance with recommendations of AWWA C605. Service saddles for PVC pipe shall provide full circle support and be sized exactly to the pipe outside diameter. Sealing gaskets shall be BUNA -N rubber and straps shall be stainless steel or cast brass. r1 1©3015700 1030156005 1030156006 103015500 1030157005 10301570b5 030156010 30 1030326002 1030426006 103032600 'Notice - These maps are compiled for assessment and tax information purposes from official county records. All map information shown is for the forgoing purpose and does not represent a survey of land.