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Acceptance of Public Improvements - Sky Blue Estates Subdivision Copyright 2014 City of Dubuque Consent Items # 7. ITEM TITLE: Acceptance of Public Improvements -Sky Blue Estates Subdivision SUMMARY: City Manager recommending acceptance of the public improvements that the developer, EKMLLC, has recently completed in Sky Blue Estates Subdivision. RESOLUTION Accepting public improvements in the Sky Blue Estate Subdivision in the City of Dubuque, Iowa SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS: Description Type Sky Blue Estates Acceptance of Impro\ements-MVM City Manager Memo Memo Staff Memo Staff Memo Resolution Resolutions Location Map Supporting Documentation THE CITY OF Dubuque UBE I erica .i Masterpiece on the Mississippi 2007-2012-2013 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Acceptance of Subdivision Improvements in Sky Blue Estates Subdivision DATE: December 15, 2015 City Engineer Gus Psihoyos is recommending acceptance of the public improvements that the developer, EKM LLC, has recently completed in Sky Blue Estates Subdivision. Maintenance of said improvements shall be the responsibility of the owners, EKM LLC, for a period of two years from the date of acceptance. There is no storm water detention facilities associated with this phase of the subdivision. I concur with the recommendation and respectfully request Mayor and City Council approval. Micliael 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 OFQ E ;ADubu Dubuque menca0v r) Masterpiece on the Mississippi 2007•2012•2013 TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer DATE: December 8, 2015 SUBJECT: Acceptance of Subdivision Improvements in Sky Blue Estates Subdivision INTRODUCTION The enclosed material provides for City Council acceptance of the public improvements that the developers, EKM LLC, have recently completed in Sky Blue Estates Subdivision. BACKGROUND As a condition of subdivision plat approval through Resolution No. 186-12, the developer of Sky Blue Estates was required to install certain improvements including street paving with curb, sidewalk ramps, sanitary sewer main, watermain, storm sewers and catch basins, fiber optics conduit, and street lighting and to dedicate these improvements to the City upon completion. There are no storm water detention facilities associated with this phase of the subdivision. 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 December 4, 2015, the owners requested City's acceptance of the improvements in Sky Blue Estates Subdivision. Upon inspection by the City, it has been determined that the public improvements required by Resolution 186-12 have 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 public improvements as described above. Maintenance of said public improvements shall be the responsibility of the owners, EKM LLC, for a period of two (2) years from the date of acceptance by City Council. There is no storm water detention facilities associated with this phase of the subdivision. ACTION TO BE TAKEN The City Council is requested to adopt the attached resolution accepting the public improvements in Sky Blue Estates Subdivision. Prepared by Nate Kieffer, PLS RESOLUTION NO. 427-15 ACCEPTING PUBLIC IMPROVEMENTS IN SKY BLUE ESTATES SUBDIVISION IN THE CITY OF DUBUQUE, IOWA Whereas, pursuant to Resolution 186-12, certain public improvements including street paving with curb, sidewalk ramps, sanitary sewer main, watermain, storm sewers and catch basins, fiber optics conduit, and street lighting were installed by the developer of Sky Blue Estates Subdivision in the City of Dubuque, Iowa; and 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 DUBUQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said public improvements in Sky Blue Estates Subdivision be and the same is hereby accepted. Section 2. That maintenance of said public improvements shall be the responsibility of the owners, EKM LLC, for a period of two (2) years from the date of this resolution. Passed, approved and adopted this 21st day of December, 215. Attest: Kevin S irnstahl, 6ity ollerk ai Roy D. Buol, Mayor rNA E LOCATION MAP DAGIS ELB000EAREAGaGaaoICNFER-1 SY-H Masterpiece on the Mississippi t 1n ,y ... -... SW 1. SKY BLUE ESTATES ' a r I. ; DubuAque County Assessor, City of Dubuque Assessor DISCLAIMER:This'nfurmat'un was compiled sing the Dubuque Area Geographic Information System IDAGIs',uun'd,'dudes data created by hem me cty of � Map Prepared by: Dubuque and Dubuque county. It Is u,d,stuud mat,while th city of Dubuque aid pa-tldpatl„g age—esutilized the City of Dubuque muse—r',tandamuratetf,,,,tlun available,DAGISand 1 inch = 200 feet Engineering Division Its suppliers do not warrant the accuracy ur currency of the ifa�mati—u,data cu taped he— The city aid pa�ticlpatlr,g 50 West 13th Street age-es shall gut be held cable fui-ar,y dl�ect,hdhect,l,cldeltal, Dubuque,Iowa 52001 mnsrequen tlal,puultroe,or special damages,whether fo�esmeable or -f—seeable,a�lshg out of me s th,�,ed u,u.authulIlsed use of 100 50 0 100 200 300 Feet Phone:(563)589-4270 nils data or the Inability to usre this data or cut of any breach of wa—ty whats—e- S Fax:(563)589-4205 Page of ?? Kevin Firnstahl Sky Blue Estates No. 1 Acceptance of Public Improvements ? From:Nate Kieffer To:Rick Ehrlich Date:12/29/2015 12:51 PM Subject:Sky Blue Estates No. 1 Acceptance of Public Improvements CC:Kevin Firnstahl Attachments:MX4141N_20151229_131615.pdf ? Rick, I am sending a copy of the City Council resolution accepting the improvements for this phase of the subdivision for your records.  I am also including a letter explaining the reduced letter of credit amount for the two year warranty period (LOC can be reduced to from $130,650 to $86,116 for the two year warranty period). Please confirm that you have received this email. Thanks for all your help with this project. Nate Kieffer, PE/PLS Land Surveyor Engineering Department City of Dubuque 50 West 13th Street Dubuque, Iowa 52001 nkieffer@cityofdubuque.org file:///C:/Users/kfirnsta/AppData/Local/Temp/XPgrpwise/568281EADBQ_DODBQ_PO...12/29/2015 Masterpiece on the Mississippi Mr. Rick Ehrlich EKM LLC 10662 Diesel Drive Dubuque, IA 52001 Re: Maintenance Securities for Sky Blue Estates Subdivision Dear Mr. Ehrlich: Engineering Department City Hall 50 W. 13th Street Dubuque, Iowa 52001 563.589.4270 563.589.4205 (fax) www.cityofdubuque.org December 29, 2015 On December 21, 2015 the City of Dubuque accepted the public improvements in Sky Blue Estates Subdivision by resolution 427-15. A copy of the resolution is included with this letter for your records. Per the City's Unified Development Code, a maintenance security in the amount of 25% of the total construction costs is required for the two year maintenance period, starting on December 29, 2015 and running until December 29, 2017. The required maintenance security is calculated as follows: Total Project Cost of $344,464.20 X 0.25 = $86,116 Please have your financial institution submit a letter of credit to the City Clerk's office at City Hall, 50 West 13th. Street, Dubuque, IA 52001, in the format provided by the City in the amount of $86,116. The original letter of credit may be reduced or a new one can be issued. If a new Letter of Credit is to replace the construction security, the Clerk will return the construction security to the bank upon receipt of the maintenance security. Please make sure that the new or revised Letter of Credit is signed by the bank and the developer. If you have any questions on this matter, please contact me at 589-4277. Sincerely, -7-v4 'l Nate Kieffer, PLS cc: Kevin S. Firnstahl, CMC, City Clerk THE CITY OF II II II I. II I IIII iii W I. II II iii I„ II iii inial Masterpiece on the Mississippi Mr. Terry Mozena Commercial Loan Officer Premier Bank 2625 NW Arterial Dubuque, IA 52002 Dubuque kligkd AII•AmericaCity IA 52 ' 2007 • 2012 •2013 Re: EKM, LLC (Sky Blue Estates Subdivision) Amended Letter of Credit #1086 Amended Amount: $86,116.00 Mr. Mozena, 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 20, 2017 As the request of City of Dubuque Land Surveyor Nate Kieffer and pursuant to Resolution No. 427-15, I am returning the original Amended Letter of Credit #1086 dated March 4, 2016 in the amount of $86,116.00. Please contact me if you have any questions. Kevin S. Firnstahl, CMC City Clerk Enclosures Resolution No. 427-15, copy Amended LOC #1086, original cc: Nate Kieffer, Land Surveyor, City of Dubuque File IRREVOCABLE LETTER OF CREDIT AMENDED March 4, 2016 City of Dubuque Attention: City Clerk 50 W. 13th Street Dubuque, IA 52001 RE: EKM, LLC (Sky Blue Estates Subdivision) Letter of Credit #1086 AMENDED Original Amount $130,650.00 Amended Amount $ 86,116.00 We hereby establish our Irrevocable Letter of Credit in favor of the City of Dubuque, Iowa, for the account of EKM, LLC for a sum not to exceed $86,116.00 (Eighty -Six Thousand, One Hundred Sixteen Dollars and 00/100) effective immediately and expiring at the close of business on December 29, 2017. Funds under this Irrevocable Letter of Credit are available to you by your sight draft on Premier Bank, 2625 NW Arterial, Dubuque, IA 52002, by submitting a sworn statement that the City has not accepted all the public improvements required under Resolution No. 427-15 for EKM, LLC (Sky Blue Estates Subdivision) 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 Premier Bank, Letter of Credit #1086, dated March 4, 2016". 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. 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 March, 2016. Prem'er Ba By: Title: Tiy L. Mo , Commercial Loan Officer RESOLUTION NO. 427-'15 ACCEPTING PUBLIC IMPROVEMENTS IN SKY BLUE ESTATES SUBDIVISION IN THE CITY OF DUBUQUE, IOWA Whereas, pursuant to Resolution 186-12, certain public improvements including street paving with curb, sidewalk ramps, sanitary sewer main, watermain, storm sewers and catch basins, fiber optics conduit, and street lighting were installed by the developer of Sky Blue Estates Subdivision in the City of Dubuque, Iowa; and 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 DUBUQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said public improvements in Sky Blue Estates Subdivision be and the same is hereby accepted. Section 2. That maintenance of said public improvements shall be the responsibility of the owners, EKM LLC, for a period of two (2) years from the date of this resolution. Passed, approved and adopted this 21st day of December, a 15. Attest: Kevin irnstahl, 6ity bI'erk Ray D. Buol, Mayor