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.
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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