Loading...
Harvest View Estates Sixth Addition Acceptance of Public ImprovementsMasterpiece on the Mississippi Dubuque band AI- America City IIIii! 2007 • 2012 • 2013 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Acceptance of Public Improvements in Harvest View Estates Sixth Addition DATE: November 22, 2013 City Engineer Gus Psihoyos is recommending acceptance of the public improvements that the developer, Westside Place Townhomes, LLC, has recently completed in Harvest View Estates Sixth Addition. Maintenance of said public improvements shall be the responsibility of the owner, Westside Place Townhomes, LLC, for a period of two years from the date of acceptance. 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 Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer DATE: November 20, 2013 Dubuque Al- America City 11111! 2007 • 2012 • 2013 SUBJECT: Acceptance of Public Improvements in Harvest View Estates Sixth Addition INTRODUCTION The enclosed material provides for City Council acceptance of the public improvements that the developer, Westside Place Townhomes, LLC., has completed in Harvest View Estates Sixth Addition. BACKGROUND As a condition of subdivision plat approval through Resolution No. 26 -11, the developer of Harvest View Estates Sixth Addition was required to install certain improvements including street paving with curb, sanitary sewer main, watermain, storm sewer and catch basins, 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 19, 2013, Westside Place Townhomes, LLC. requested City's acceptance of the improvements in Harvest View Estates Sixth Addition. Upon inspection by the City, it has been determined that all of the public improvements required by Resolution No. 26 -11 had been completed 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 improvements in Harvest View Estates Sixth Addition. Maintenance of said public improvements shall be the responsibility of the owner, Westside Place Townhomes, LLC. for a period of two (2) years from the date of acceptance by City Council. ACTION TO BE TAKEN The City Council is requested to adopt the attached resolution accepting the public improvements in Harvest View Estates Sixth Addition. Prepared by Nate Kieffer, PLS cc: Bob Schiesl, Assistant City Engineer Deron Muehring, Civil Engineer II Denise Ihrig, Environmental Engineer John Klostermann, Streets and Sewer Maintenance Supervisor 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: Kevin irnstahl, I , City Clerk Roy D. Buol, Mayor THE CITY OF DUB Masterpiece on the Mississippi AREA MAP HARVEST VIEW ESTATES SIXTH ADD. DAGIS DUBUQUE AREA C.aGRAPHIC INFCaMATION S' • 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. Iii ill si iil r- ill ME Mi Mil 411 Mill .° Mil 11 0111 MI fa APIEVIN1 11114 it ma ./.. 1111111 IP el ' 14,,,,i W! rem 11. AtV44. tist 4%, Aim iimi IF* "11 .1. twoh, .4: it__ .� . MIME MI WM. mg IM in 111 i im MINIM— _ - -m—_ 1 inch = 500 feet 200100 0 200 400 600 800 Feet ■ U U N mow woo BIM ®EI MEM Er Map Prepared by: City of Dubuque Engineering Division 50 West 13th Street Dubuque, Iowa 52001 Phone: (563) 589 -4270 Fax: (563) 589 -4205 Brian]. Kane Les V. Reddick* Brad J. Heying Todd L. Stevenson* Kevin T. Deeny** Bradley B. Kane Joseph P. Kane Nicholas J. Kane All admitted in Iowa *Also admitted in Illinois * *Also admitted in Wisconsin City of Dubuque Attn: Mayor & City Council 50 W. 13th St. Dubuque, IA 52001 KANE, NORBY & REDDICK, P.C. ATTORNEYS 2100 ASBURY ROAD, SUITE 2 DUBUQUE, IA 52001 -3091 November 19, 2013 Retired: Gary K. Norby Phone: (563) 582 -7980 Facsimile: (563) 582 -5312 E -mail: bkane @kanenorbylaw.com RE: Westside Place Townhomes, LLC / Harvest View Subdivision, Add. #6 Dear Ladies and Gentlemen: We are counsel for Westside Place Townhomes, LLC. By this letter, we hereby submit that our client has completed the required street improvements for Millstone Drive and request that the City accept such public improvements at its December 2, 2013 council meeting. We understand the City Engineer's office is aware of this request and, per our client's contractor, is amendable to the City's acceptance of such improvements. Please do not hesitate to contact us directly should you have any questions. Thank you. Best regards, KANE, NORBY & REDDICK, P By: BJK/njk cc: Nate Kieffer Brian J. Kan THE CITY OF DUBAll-America City Masterpiece on the Mississippi Mr. Derek Olberding Fidelity Bank & Trust 4250 Asbury Road Dubuque, IA 52002 Re: North Ridge Estates Letter of Credit 13016034 Amount: $127,389.00 Mr. Olberding, Dubuque ktEtkil 'I 1' 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. 342-13 accepting the public improvements in North Ridge Estates Subdivision, I am returning the Letter of Credit 313016034 dated December 12, 2013 in the amount of $127,389.00. Please contact me if you have any questions. Thank you. Age -I . - -O Ke' in S. Firnsta + _ City Clerk Enclosure cc: Nate Kieffer, Land Surveyor, City of Dubuque File IDELIT BANK & TRUST 4250 Asbury Road Dubuque, IA 52002 Phone 563-557-2300 IRREVOCABLE LETTER OF CREDIT Date: December 12, 2013 City of Dubuque Attention: City Clerk 50 West 13th Street Dubuque IA 52001 Re: Subdivision Name: North Ridge Estates Letter of Credit 313016034 Amount:$127,389.00 To Whom It May Concern: We hereby establish our Irrevocable Letter of Credit in favor of the City of Dubuque, Iowa, (the "City") for the account of W.E. Development, LLC for a sum not to exceed $127,389.00 effective immediately and expiring at the close of business on December 2, 2015 ("Irrevocable Letter of Credit"). Funds under this Irrevocable Letter of Credit are available to you by your sight draft on Fidelity Bank & Trust, 4250 Asbury Road, Dubuque IA 52002 by submitting a sworn statement that the City has not accepted all the public improvements required under Resolution No. 342-13 for North Ridge Estates 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 Fidelity Bank & Trust, Letter of Credit Number 313016034 dated December 12, 2013." 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 Fidelity Bank & Trust and negotiated or presented on or before the expiration date 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) www.bankfidelity.com ANAMOSA • BELLEVUE • CASCADE • DECORAH • DUBUQUE • DYERSVILLE EPWORTH • GUTTENBERG • LAMOTTE • LUXEMBURG • MAQUOKETA MONTICELLO • OELWEIN • PEOSTA • POSTVILLE • WAUKON • WORTHINGTON 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. 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 12th day of December, 2013. Fidelity Bank & Trust By: 1 �.-- Derek 91' erding, Loan Officer Agreed to and authorized to issue: Chad Ellis, Member 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, waterniain, 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: Kevin . Firnstahl, C C, y Clerk Roy D. uol, Mayor