HomeMy WebLinkAboutA012 - Email from Legal Department dated February 2, 2022 - opinion on security Voss, Diane
From: Feilmeyer, Victoria
Sent: Wednesday, February 2, 2022 4:53 PM
To: Peterson, Tracy; Moore, Justin; Cintron, Cesar; Voss, Diane
Subject: RE: Kingsbury 4th and 5th Additions - Financial Security clarification
Attachments: Schedule for 5th Addition.pdf
My opinion is that it is probably better for the customer and Diane to have our agreement release the full $17,315 LOC
held with the Fourth Addition (per the Amendment filed 9/24/20), and then boost the amount to be held with the Fifth
Addition by the deficit of$3,525. We do need them to revise the schedule provided earlier, which will be an Exhibit for
the Public Improvements Agreement for the 5th Addition—see attached. My understanding is that Davis brought the
City Clerk a check for$63,815 earlier, per the last estimate. Therefore, we will need him to bring an additional $3,525 to
the Clerk, unless my calculations are off.
Feel free to contact me if you would like to discuss or if I have misunderstood what you have determined needs to be
done.
"W Ames
Victoria A. Feilmeyer
Assistant City Attorney
515.239.5146 main 1 515.239.5142/ix
victoria.feilmeyer@cityofames.org I City Hall, 515 Clark Avenue I Ames, IA 50010
www.CityofAmes.org I — Caring People — Quality Programs— Exceptional Service
From: Peterson, Tracy<tracy.peterson@cityofames.org>
Sent: Wednesday, February 2, 2022 4:29 PM
To: Feilmeyer, Victoria <victoria.feilmeyer@cityofames.org>; Moore,Justin <justin.moore@cityofames.org>; Cintron,
Cesar<cesar.cintron@cityofames.org>; Voss, Diane <diane.voss@cityofames.org>
Subject: Re: Kingsbury 4th and 5th Additions- Financial Security clarification
The duplicate amount is: $13,790 (appears as line item in Kingsbury 4th Addition (Lot 1 - Davis)).
Tracy Peterson, PE
Municipal Engineer
Public Works Department
City Hall, 515 Clark Ave. I Ames, IA 50010
i
Ames"
515.239.5163 main
tracy.peterson(a cityofames.orq
Mailing: 515 Clark Ave. I Ames, IA 50010
M E& `irT i:�f � 3 E R SI l I L L✓'
www.CityofAmes.org
Help make the City of Ames even better!
Download the Ames on the Go app today!
From: Feilmeyer, Victoria <victoria.feilmeyer@cityofames.org>
Sent: Wednesday, February 2, 2022 3:51 PM
To: Peterson, Tracy<tract'.peterson@cityofames.org>; Moore,Justin <iustin.moore@cityofames.org>; Cintron, Cesar
<cesar.cintron@cityofames.org>; Voss, Diane <diane.voss@cityofames.org>
Subject: RE: Kingsbury 4th and 5th Additions- Financial Security clarification
Thanks for this, Tracy. Can you tell us what the amount is that is duplicative precisely?
I agree that there are two ways to approach it—and consider it better for us to agree on the plan before going back to
the Developer and his attorney again.
2
Kingsburys 5th Addition Subdivision
Ames, IA
P/N 5323-20A.300
1121/2022
Bond Calculation STRA11 1" ,
ASSOC IATES`
Public Improvements
Item Unit Quantity Unit Cost Improvement Costs
Remaining
Hydrant Assembly EA 2 $ 4,500.00 $ 9,000.00
Water Main,8-inch valve&Sleeve EA 1 $ 2,430.00 $ 2,430.00
Water main,Trenched, PVC,8-inch LF 248 $ 50.00 $ 12,400.00
Sanitary Sewer Manhole,SW-301,48-inch Dia. EA 2 $ 7,500.00 $ 15,000.00
Sanitary Sewer, Gravity, Trenched, PVC,8-inch LF 198 $ 50.00 $ __9,�30Q-00
Sidewalk Pavement,PCC,4" SY 431 $ 35.00 $ If,. i5,085.QC) J
Total $ 63,815
Prepared by FOX Strand Inc.
414 S.17th Street,Suite 107 ,..
Ames,Iowa 50010
Tc;��a
� s
1S �- _-.1 L�7
Ames
Victoria A. Feilmeyer
Assistant City Attoy,ney
515.239.5146 inain 1515.239.5142 fcax
victoria.feilmeyer@cityofames.org I City Hall, 515 Clark Avenue I Ames, IA 50010
www.CityofAmes.org ( —Caring People —Quality Programs— Exceptional Service
From: Peterson, Tracy<tracy.peterson@cityofames.org>
Sent: Wednesday, February 2, 2022 3:33 PM
To: Moore,Justin <iustin.mooreCc@cityofames.org>; Cintron, Cesar<cesar.cintron@cityofames.org>; Feilmeyer, Victoria
<victoria.feilmeyer@cityofames.org>; Voss, Diane <diane.voss@cityofames.org>
Subject: Kingsbury 4th and 5th Additions- Financial Security clarification
In talking this morning, we thought it best to send out a clarification email (to clear up some confusion that
may be floating around).
The financial security for Kingsbury 4th Addition was split into two separate payments (Davis and Pyle). Some
of the work covered by
Pyle's financial security has been completed, thereby the LOC was reduced on Nov 4, 2020 (from $47,340 to
$26,515). None of the
work associated with Davis' financial security has been completed, therefore the entire $17,315 has continued
to be held.
Recently, a plat was submitted for Kingsbury 5th Addition to further divide Lot 1 (Davis). Our office reviewed
the financial security estimate. Later we
heard that it was thought that the financial security associated with Lot 1 of Kingsbury 4th would be released
now that financial
security for Kingsbury 5th was submitted.
There are items included with Kingsbury 4th Addition financial security that were not included in Kingsbury
5th Addition, that are
not able to be released. There is, however, duplicate financial security for a portion of 4-inch sidewalk with
each 41h and 51h Additions.
It appears that there are two options to remedy this conflict (I am open to exploring other options if others
have more ideas):
1. Keep the financial security for Kingsbury 5th Addition and release a portion of the financial security for
Kingsbury 4 1 h associated with 4-inch sidewalk.
2. This would mean that a new LOC would be required for the remaining portion of financial security
required as part of Kingsbury 4th Addition.
3.
3
4. Update the financial security and agreement for Kingsbury 5" Addition to include the necessary
pedestrian ramps, 6" sidewalk, and COSESCO remaining
5. from Kingsbury 4t" Addition. Upon receipt of this new financial security amount, Kingsbury 4t" could be
released.
Do we need to agree on this before Legal or Planning reaches out to the applicant and their lawyer?
Tracy Peterson, PE
Municipal Engineer
Public Works Department
City Hall, 515 Clark Ave. I Ames, IA 50010
A" A m e s'
515.239.5163 main
tracy.peterson(d,)cityofames.org
Mailing: 515 Clark Ave. Ames, IA 50010
P
www.CityofAmes.org
Help make the City of Ames even better!
Download the Ames on the Go app today!
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