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North Ridge Estates Acceptance of Public ImprovementsMasterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Acceptance of Subdivision Improvements in North Ridge Estates Subdivision DATE: November 22, 2013 Dubuque band AI- America City IIIii! 2007 • 2012 • 2013 City Engineer Gus Psihoyos is recommending acceptance of the public improvements that the developer, WE Development, LLC, has recently completed in North Ridge Estates Subdivision, with the exception of the stormwater detention facilities. Maintenance of said improvements, with the exception of the stormwater detention facilities, shall be the responsibility of the owner, WE Development, LLC, for a period of two years from the date of acceptance. The stormwater detention facilities may be accepted after 80% of the lots in the North Ridge Estates Subdivision are developed and adequate erosion control measures are installed on the remaining 20% of the lots. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager Gus Psihoyos, City Engineer THE CITY OF DUB Masterpiece on the Mississippi Dubuque All-America 2007 TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer SUBJECT: Acceptance of Subdivision Improvements in North Ridge Estates Subdivision DATE: November 21, 2013 INTRODUCTION The enclosed material provides for City Council acceptance of the public improvements that the developer, WE Development, LLC, has recently completed in North Ridge Estates Subdivision. BACKGROUND As a condition of subdivision plat approval through Resolution No. 198 -12, the developer of North Ridge Estates Subdivision was required to install certain improvements including street paving with curb, sanitary sewer main, watermain, storm sewers and catch basins, detention facilities, and street lighting and to dedicate these improvements to the City upon completion. DISCUSSION The Subdivision Ordinance requires that upon completion of all the required public improvements, the subdivider shall notify the City in writing of the completion of the improvements, requesting that the City either approve or reject the acceptance of the improvements, together with a statement of reasons for any rejection. On November 13, 2013, WE Development, LLC requested City's acceptance of the improvements in North Ridge Estates Subdivision. Upon inspection by the City, it has been determined that the public improvements required by Resolution 198 -12 have been completed, with the exception of the storm water detention facilities, in accordance with plans approved by the City Council and in conformance with City specifications. RECOMMENDATION I would, therefore, recommend that the City Council accept the public improvements with the exception of the storm water detention facilities. Maintenance of said public improvements shall be the responsibility of the owner, WE Development, LLC, for a period of two (2) years from the date of acceptance by City Council. The storm water detention facilities may be accepted after 80 percent of the lots in the North Ridge Estates Subdivision are developed and adequate erosion control measures are installed on the remaining 20 percent of the lots. ACTION TO BE TAKEN The City Council is requested to adopt the attached resolution accepting the public improvements, with the exception of storm water detention facilities, in North Ridge Estates Subdivision. Prepared by Nate Kieffer, PLS RESOLUTION NO. 342 -13 ACCEPTING PUBLIC IMPROVEMENTS IN NORTH RIDGE ESTATES SUBDIVISION IN THE CITY OF DUBUQUE, IOWA Whereas, pursuant to Resolution 198 -12, certain public improvements including street paving with curb, storm sewer and catch basins, storm water detention facilities, sanitary sewer, watermain, and street lighting were installed by the developer of North Ridge Estates Subdivision in the City of Dubuque, Iowa; and Whereas, the improvements, except for storm water detention facilities, have been completed and the City Manager has examined the work and has filed a certificate stating that the same has been completed in accordance with the plans approved by the City Council and in conformance with City specifications, and has recommended that the improvements be accepted by the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said public improvements in North Ridge Estates Subdivision, except for the storm water detention facilities, be and the same is hereby accepted. Section 2. That maintenance of said public improvements shall be the responsibility of the owner, WE Development, LLC, and contractor, for a period of two (2) years from the date of this resolution. Passed, approved and adopted this 2nd day of December, 2013 D Attest: 4111>t PL—Pr Kevin . Firnstahl, C C, y Clerk Roy D. uol, Mayor THE CITY OF DUB Masterpiece on the Mississippi AREA MAP NORTH RIDGE ESTATES SUBDIVISION DAGIS DUBUQUE AREA C.aGRAPHIC INFCaMATION DISCLAIMER: This Information was compiled sing the Dubuque Area Geographic Information System (DAGIS), which Includes data created by both the City of Dubuque and Dubuque County . It Is understood that, while the City of Dubuque and participating agencies utilized the most current and accurate Information available, DAGIS and It's suppliers do not warrant the accuracy or currency of the Information or data contained herein. The City and participating agencies shall not be held liable for any direct, Indirect, Incidental, unnsequentlal, punitive, or special damages, whether foreseeable or foreseeable, arising out of the authorized or unauthorized use of this data or the Inability to use this data or out of any breach of warranty whatsoever. 1 inch = 500 feet 200100 0 200 400 600 800 Feet W E Map Prepared by: City of Dubuque Engineering Division 50 West 13th Street Dubuque, Iowa 52001 Phone: (563) 589 -4270 Fax: (563) 589 -4205 Nate Kieffer City of Dubuque Engineering Department, W.E. Development LLC as the developer for North Ridge Estates subdivision have completed the street improvements per the plans and are requesting city acceptance of the improvements, except for the storm water detention facilities. We are also requesting reimbursement, for remaining balance of our unused portion of our inspection fee deposit. Thank You, W.E. Development Joe Widmeier E -Mail: wfc @yousq.net //- /?-l5 Masterpiece on the Mississippi Mr. Wayne Breckon Senior Vice President Dubuque Bank & Trust 1398 Central Avenue Dubuque, IA 52001 Re: Harvest View Estates 6th Addition Letter of Credit #8551 Amount: $375,354.00 Mr. Breckon, Dubuque M-Mericacity '1111' 2007 • 2012 •2013 City Clerk's Office City Hall 50 W. 13th Street Dubuque, IA 52001-4864 (563) 589-4120 office (563) 589-0890 fax ctyclerk@cityofdubuque.org www.cityofdubuque.org December 7, 2015 At the request of City Land Surveyor Nate Kieffer and per City of Dubuque Resolution No. 344-13 Accepting public improvements in Harvest View Estates Sixth Addition, I am returning the Letter of Credit #8551 dated December June 6, 2011 in the amount of $375,354.00. Please contact me if you have any questions. Thank you. Ke in S. Firnsta .I „)C City Clerk Enclosure cc: Nate Kieffer, Land Surveyor, City of Dubuque File DBszl DUBUQUE BANK June 6, 2011 City of Dubuque Attention: City Clerk 50 West 13th Street Dubuque, IA 52001 AND TRUST IRREVOCABLE LETTER OF CREDIT Re: Harvest View 6th Addition Letter of Credit #: 8551 Amount: $375,354.00 To Whom it May Concern: We hereby establish our Irrevocable Letter of Credit in favor of the City of Dubuque, Iowa, for the account of Westside Place Town Homes, LLC for a sum not to exceed $375,354.00 effective immediately and expiring at the close of business on 6-6-2012. Funds under this Irrevocable Letter of Credit are available to you by your sight draft on Dubuque Bank & Trust, 1398 Central Ave., Dubuque, IA, by submitting a sworn statement that the City has not accepted all the public improvements required under Resolution No. 26-11 for Harvest View 6th Addition in the City of Dubuque, Iowa and/or said improvements have not been maintained for the two-year maintenance period following City acceptance. Your draft shall contain the clause "drawn under the Dubuque Bank & Trust Letter of Credit 8551, dated 6-6-2011." This original Irrevocable Letter of Credit must accompany any draft that exhausts the credit and must be surrendered concurrently with the payment of such draft. We hereby engage with drawers, endorsers, and bona fide holders of drafts, under and in compliance with the terms of this Irrevocable Letter of Credit, that the same shall be duly honored upon presentation and delivery of the documents specified to Dubuque Bank & Trust and negotiated or presented before two (2) years after the expiration of this Irrevocable Letter of Credit. It is a condition of this Irrevocable Letter of Credit that it shall be deemed automatically renewed, without amendment, for a one-year period from the expiration date set forth above, and upon each subsequent anniversary of such date, unless at least sixty (60) days prior to such date, we notify both you and our client in writing by registered mail that we elect not to so renew this Irrevocable Letter of Credit. 1398 Central Avenue, P.O. Box 778 Dubuque, Iowa 52004-0778 P 563.589.2000 F 563.589.2098 800.397.2000 www.dubuquebank.com FDIC 0 Notwithstanding the foregoing, this Irrevocable Letter of Credit shall terminate two years after the date of a resolution adopted by the City Council of the City of Dubuque accepting the public improvement. This Irrevocable Letter of Credit is subject to the Uniform Customs and Practices for Documentary Credits (1993 revision, International Chamber of Commerce, Publication #500). Dated this 6th day of June, 2011. Dubuque B nk & Trust By: /ft '�fifii 2,� Agreed to anauthorized to issue: RESOLUTION NO. 344-13 ACCEPTING PUBLIC IMPROVEMENTS IN HARVEST VIEW ESTATES SIXTH ADDITION IN THE CITY OF DUBUQUE, IOWA Whereas; pursuant to Resolution No. 26-11, certain public improvements including street paving with curb, sanitary sewer main, watermain, storm sewer and catch basins, and boulevard street lighting were installed by the. developer of Harvest View Estates Sixth Addition in the City of Dubuque, Iowa. Whereas, the improvements have been completed and the City Manager has examined the work and has filed a certificate stating that the same has been completed in accordance with the plans approved by the City Council and in conformance with City specifications, and has recommended that the improvements be accepted by the City Council. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said improvements in Harvest View Estates Sixth Addition be and the same is hereby accepted. Section 2. That maintenance of said improvements shall be the responsibility of the contractor and owner for a period, of two (2) years from this date. Section 3. That maintenance of the storm water detention facility on Lot A of Harvest View Estates First Addition shall be the responsibility of the City and assessable to the property owners as outlined in Resolution No 26-11. Passed, approved and adopted this 2nd day of December, 2013. Attest: City irnsta , Clerk hl Roy D. Buol, Mayor