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Amendment to Environmental Covenant -Jule Operations Training Center Site Copyrighted May 20, 2019 City of Dubuque Consent Items # 15. ITEM TITLE: Amendmentto Environmental Covenant- Jule Operations and Training Center Site SUMMARY: City Manager recommending approval of theAmended and Restated Environmental Covenant for the Jule Operations and Training Center on Kerper Boulevard. RESOLUTION Approving anAmended and Restated Environmental Covenant for the property at 949 Kerper Boulevard in Dubuque, Dubuque County, lowa locally known as Jule Operations and Training Center SUGGESTED DISPOSITION: Suggested Disposition: Receiveand File;Adopt Resolution(s) ATTACHMENTS: Description Type PNG Environmental Covenant-lowa DOT Parcel - City Manager Memo MVM Memo Staff Memo Staff Memo Resolution Resolutions Final Amended & Reinstated Covenant Supporting Documentation THE CITY OF Dubuque � AIFA�erlwGh UB E '�� III► Masterpiece on the Mississippi Z°°'�w'2 7A13 2017 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: PNG Environmental Covenant — lowa DOT Parcel DATE: May 16, 2019 Project Manager Steve Sampson Brown recommends City Council approval of the Amended and Restated Environmental Covenant for the Jule Operations and Training Center on Kerper Boulevard. I concur with the recommendation and respectfully request Mayor and City Council approval. �� Mic ael C. Van Milligen �� MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Teri Goodmann, Assistant City Manager Cori Burbach, Assistant City Manager Gus Psihoyos, City Engineer Steve Sampson Brown, Project Manager THE CTTY OF Dubuque �" AIFAneneoCiry DUB E 'iI��A, Masterpiece on the Mississippi Z°°' Z°'Z 2013 2017 TO: Michael C. Van Milligen, City Manager Gus Psihoyos, City Engineer FROM: Steve Sampson Brown, Project Manager SUBJECT: PNG Environmental Covenant — lowa DOT Parcel DATE: May 15, 2019 INTRODUCTION The purpose of this memo is to request adoption of a City Council resolution approving the Amended and Restated Environmental Covenant for the Jule Operations and Training Center (JOTC) on Kerper Blvd. BACKGROUND On April 19, 1989, the U.S. Environmental Protection Agency (EPA) pursuant to its authority under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, issued an Administrative Order on Consent to address environmental contamination at a site referred to as the Dubuque Peoples Natural Gas Site (Site), now known as the JOTC. Pursuant to that Order, the City of Dubuque placed institutional controls by ordinance on certain parts of the JOTC property impacted by the contamination. On September 25, 2013, the EPA signed a Record of Decision Amendment to amend the remedy selected in 1991 for the Peoples Natural Gas Superfund site in Dubuque, lowa. One of the elements of the selected amended remedy was the implementation of environmental covenants on the Site because certain soil and groundwater contamination remains on the property. In accordance therewith, the EPA, City of Dubuque, lowa Department of Natural Resources and lowa Department of Transportation agreed to the Environmental Covenant and caused the covenant to be recorded in the Dubuque County records. The administrative record for the Environmental Response Project is on file at the offices of the U.S. Environmental Protection Agency, Region VII, 11201 Renner Blvd., Lenexa, Kansas 66219. DISCUSSION Page 1 of 4 As a condition of being able to redevelop the property into the JOTC, the EPA required that the Environmental Covenant for the site be updated after all construction work was completed so that the environmental covenant would reflect the most recent site conditions. Pursuant to attached Amended and Restate Environmental Covenant, the City of Dubuque, as the current owner of the JOTC property and the grantor of the environmental covenant, would be agreeing to the activity and use limitations and terms in the Amended and Restate Environmental Covenant as required by EPA, including the following: A. Owners of the Property shall notify all occupants or tenants or any subsequent transferee of an interest in the Property of these Activity and Use Limitations and this Environmental Covenant. Owners of the Property shall condition all occupancy and tenancy on compliance with these Activity and Use Limitations and this Environmental Covenant. The Holders identified herein have executed this Environmental Covenant and are bound by such Activity and Use Limitations without further notice. Failure by any occupant or tenant to comply with these Activity and Use Limitations does not excuse compliance by the then existing owner with these Activity and Use Limitations. B. The Property shall not be used for any purpose other than commercial or industrial. Such allowed use shall include a bus maintenance and storage facility, with offices and employee comfort facilities. C. The Property shall not be used for residential use or use where children may be present for extended periods of time, including school or day care. D. Except for wells authorized by the EPA or IDNR, installation and/or use of wells for any purpose whatsoever, including but not limited to potable and non- potable water supply, for human or animal consumption, irrigation, heat pumps or sanitation, is prohibited. E. Existing wells located on the Property shall not be abandoned or closed without the approval of the EPA or IDNR. F. Unless prior approval is given by EPA, any new construction of enclosed buildings at the Property must prevent, or include remedial systems to control and/or abate vapor intrusion of Contaminants of Concern, as listed on Exhibit B, into any such new construction at the Property, if necessary for compliance with published standards for protectiveness of human health and the environment and appropriate for the intended use of the buildings. Such remedial systems must be properly operated and maintained. G. Any person undertaking excavation or construction activities that may disturb soil on the Property at a depth of more than six feet below the surtace grade or at any depth in the area labeled as "buried contaminated soil extents" on the three (3) maps and figures attached hereto at Exhibit C, shall provide no less Page 2 of 4 than thirty (30) days advance written notice thereof to EPA and Holder. Such excavation or construction shall not proceed without prior written approval by the Agency, unless the excavation or construction is part of an Environmental Response Project that has been approved by the Agency. Such prior notice and approval is not required for emergency circumstances, in which case notice must be given as soon as possible. H. If during the time of their ownership, tenancy or occupancy, the owner, tenant, or occupant observes or is given notice that some other party, including but not limited to a utility easement holder, is, without EPA approval, undertaking either emergency or non-emergency excavation or construction activities subject to Agency approval under paragraph 7(g) said owners, tenants, or occupants shall (i) promptly provide a copy to such other party engaged in such activities of these Activity and Use Limitations; (ii) promptly notify such other party that all appropriate and necessary assessments and precautions should be taken prior to such activities, including but not limited to employee protection and hazardous substance management; (iii) promptly notify EPA of the other party's activity or planned activity and contact information for such other party, if known; and (iv) promptly notify such other party that the materials generated at or from the excavation or construction activities must be properly managed as may be required by law, making all appropriate and necessary assessment prior to such management. RECOMMENDATION It is recommended that the City Council adopt the attached resolution approving the Amended and Restated Environmental Covenant for the JOTC property. ACTION TO BE TAKEN The City Council is requested to adopt the attached resolution approving the Amended and Restated Environmental Covenant for the Jule Operations and Training Center property. cc: Barry Lindahl — Senior Counsel Gus Psihoyos - City Engineer Renee Tyler— Transit Services Director Nate Kieffer— City Surveyor Page 3 of 4 F:\PROJECTSWuIe Operetions and Training Center\City Council DocumentationWOTC Environmental Covenant-Staff Memo.docx Page 4 of 4 Prepared by Barry A. Lindahl 300 Main Street Suite 330 Dubuque IA 52001 563 583-4113 Return to: Barry A. Lindahl 300 Main Street Suite 330 Dubuque IA 52001 563 583-4113 RESOLUTION NO. 178-19 APPROVING AN AMENDED AND RESTATED ENVIRONMENTAL COVENANT FOR THE PROPERTY AT 949 KERPER BOULEVARD IN DUBUQUE, DUBUQUE COUNTY, IOWA LOCALLY KNOWN AS THE JULE OPERATIONS AND TRAINING CENTER Whereas, the City of Dubuque is the owner of the real property legally described in Exhibit A hereto and incorporated herein, with a local address of 949 Kerper Boulevard in Dubuque, Dubuque County, Iowa (hereinafter "Property"); and Whereas, the City of Dubuque, MidAmerican Energy Company, the U.S. Environmental Protection Agency and the Iowa Department of Natural Resources (the Parties) entered into an Environmental Covenant (the Prior Covenant) recorded on September 28, 2015 in Book 2015 at Page 12514 of the county records for the purpose of subjecting the Property to certain activity and use limitations in accordance with the terms and conditions specified therein; and Whereas, the Parties now desire to amend, restate, and replace the Prior Covenant with the Amended and Restated Environmental Covenant attached hereto; and Whereas, the City Council of the City of Dubuque finds that it is in the best interest of the City of Dubuque to approve the Amended and Restated Environmental Covenant. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Amended and Restated Environmental Covenant is hereby approved. Section 2. The Mayor is hereby authorized and directed to execute the Amended and Restated Environmental Covenant on behalf of the City of Dubuque. 051619ba1 Section 3. The City Manager is authorized to take such actions as are necessary to carry out the terms of the Amended and Restated Environmental Covenant. Section 4. The City Clerk is hereby authorized and directed to record this Resolution and the Amended and Restated Environmental Covenant with the Dubuque County Recorder Attest: Passed, approved and adopted this 20th day of May, 2019. Kevin! ' irnstahl, CMC, City Clerk Roy D. Buol, Mayor F:\USERS\tsteckle\Lindahl\Resolutions\Final Amended and Restated Environmental Covenant - JOTC 051619.docx 051619ba1 AHLERS COONEY ATTORNEYS July 23, 2019 Kevin Firnstahl, City Clerk City of Dubuque 50 W. 13th Street Dubuque, IA 52001 Ahlers & Cooney, P.C. Attorneys at Law 100 Court Avenue, Suite 600 Des Moines, Iowa 50309-2231 Phone: 515-243-7611 Fax: 515-243-2149 www.ahlerslaw.com Conner L. Wasson 515.246.0341 cwasson@ahlerslaw.com RE: Amended and Restated Environmental Covenant Dear Kevin: Enclosed for your files is the original Amended and Restated Environmental Covenant, which has been filed with the Dubuque County, Iowa Recorder' s office. Thank you for the opportunity to assist in this matter. Please do not hesitate to contact us if you have any questions. Sincerely, Ahler . Cooney, P.C. Conner L. Wasson Enclosure 01616344-1\10422-096 7a CII x�. CD C2) WISHARD & BAILY - 1888; GUERNSEY & BAILY - 1893; BAILY & STIPP - 1901; STIPP, PERRY, BANNISTER & STARZINGER - 1914; BANNISTER, CARPENTER, AHLERS & COONEY - 1950; AHLERS, COONEY, DORWEILER, ALLBEE, HAYNIE & SMITH - 1974; AHLERS, COONEY, DORWEILER, HAYNIE, SMITH & ALLBEE, P.C. - 1990 Preparer Information: Conner L. Wasson 100 Court Avenue, Suite 600 Des Moines, IA 50309 Phone: (515) 243-7611 Taxpayer Information: City of Dubuque, Iowa Attn: City Clerk 50 W. 13th Street Dubuque, IA 52001 Return Address: Conner L. Wasson 100 Court Avenue, Suite 600 Des Moines, IA 50309 Grantors: City of Dubuque, Iowa Grantees: N/A Legal Description: See page 11 111 11 11 11 11 11 11 11 Doc ID 010309890020 Type GEN Kind: AMEND TO RESTRICT COVENANTS Recorded: 07/10/2019 at 09:40:18 AM Fee Amt: $102.00 Page 1 of 20 Dubuque County Iowa John Murphy Recorder Fi1e2019-00007194 AMENDED AND RESTATED ENVIRONMENTAL COVENANT Recorder's Cover Sheet 1 WC) L`ou,r-" Ru€.. S 620b s..772I AMENDED AND RESTATED ENVIRONMENTAL COVENANT Whereas, the signatories hereto entered into an Environmental Covenant recorded on September 28, 2015 in Book 2015 at Page 12514 of the county records (the "Prior Covenant") for the purpose of subjecting the property described below, or a portion thereof, to certain activity and use limitations in accordance with the terms and conditions specified therein; and Whereas, the signatories hereto now desire to amend, restate, and replace the Prior Covenant with this Amended and Restated Environmental Covenant (this "Environmental Covenant") in order to amend Section 5(g) concerning the areas and depths to which excavation work can be done on the Property; and Whereas, this Environmental Covenant is established and executed pursuant to Iowa Code Chapter 455I, entitled Uniform Environmental Covenants Act. Now, therefore, the signatories hereto have entered into this Environmental Covenant for the purpose of subjecting the property described below, or a portion thereof, to certain activity and use limitations in accordance with the terms and conditions specified herein. 1. The Property. The City of Dubuque, Iowa, is the sole fee simple title owner of that real property legally described in Exhibit A hereto and incorporated herein, with a local address of 949 Kerper Boulevard in Dubuque, Dubuque County, Iowa (hereinafter "Property"). 2. Background. On April 19, 1989, the U.S. Environmental Protection Agency (hereinafter "EPA" or "Agency"), pursuant to its authority under the Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), issued an Administrative Order on Consent to address environmental contamination at a site referred to as the Dubuque Peoples Natural Gas Site ("Site"). Pursuant to that order, the City of Dubuque placed institutional controls ("Deed Restriction") on certain of its real property impacted by the contamination, which instrument was recorded as Instrument No. 4730-91 with the Dubuque County Recorder's office. Subsequently, EPA and various parties agreed to implement a remedy for the Site (removal and remedial actions collectively "Environmental Response Project"). On September 25, 2013, EPA issued an Amendment to the Record of Decision, which amended the remedy for the Site to include, in part, placement of an environmental covenant on the Site because certain soil and groundwater contamination remains on the Property. In accordance therewith, on September 28, 2015, the City of Dubuque caused the Prior Covenant to be recorded in Book 2015 at Page 12514 of the county records. The administrative record for the Environmental Response Project is on file at the offices of the U.S. Environmental Protection Agency, Region VII, 11201 Renner Blvd., Lenexa, Kansas 66219. 3. Reopening. The signatories acknowledge that failure of the activity and use limitations to serve their intended purpose including the prevention of exposure to contamination could result in the Agency reopening its review and regulation of the contaminant condition on the Property as may be allowed by applicable law. 2 4. Identity of Grantor, Grantee/Holder, and Agency, as each is defined in this Environmental Covenant and as provided in Iowa Code § 455I: Grantor: City of Dubuque, Iowa, an Iowa Municipal Corporation, is the current owner of the Property and the Grantor of this Environmental Covenant. Grantee/Holder: City of Dubuque, Iowa, an Iowa Municipal Corporation. Holder: MidAmerican Energy Company, an Iowa Corporation, conducting Environmental Response Projects on the Property. Agency: The U.S. Environmental Protection Agency (EPA), an agency of the United States, is the Agency under this Environmental Covenant. Third -Party Beneficiary: Iowa Department of Natural Resources (IDNR), an agency of the State of Iowa, which has certain benefits granted by this Environmental Covenant, although not an Agency hereunder nor a signatory to this Environmental Covenant 5. Representations and Warranties. City of Dubuque, Iowa warrants to the Grantee, all Holders and EPA the following: a. that it is the sole fee simple title owner of the Property; b. that it holds sufficient fee simple title to the Property to grant the rights and interests described in this Environmental Covenant free of any conflicting legal and equitable claims, and c. that it has identified all other persons holding legal or equitable interests to the Property, including, but not limited to, contract buyers, mortgagees, other consensual lien holders, and lessees and they are: Interstate Power owns various easement interests in the Property. The Agency is not requiring Grantor to observe any provisions of this Covenant with respect to Interstate Power, its successors or assigns, except Grantor must provide notice in accordance with Paragraph 7(h) of this Covenant. ii. Northern Natural Gas Company Operating as Peoples Natural Gas reserved an easement in the Property permitting it to maintain, operate, repair, remove, and replace existing natural gas pipelines on the Property. The Agency is not requiring Grantor to observe any provisions of this Covenant with respect to Northern Natural 3 Gas Company Operating as Peoples Natural Gas, its successors or assigns, except Grantor must provide notice in accordance with Paragraph 7(h) of this Covenant. 6. Running with the Property. This Environmental Covenant is perpetual and runs with the Property as provided in Iowa Code Section 455I.9 until modified or terminated. This Environmental Covenant is binding on the Grantor and the Holders and all of their successors, assigns, and all transferees acquiring or owning any right, title, lien or interest in the Property and their heirs, successors, assigns, grantees, executors, administrators, and devisees. The term "transferee," as used in this Environmental Covenant, shall mean any future owner of any interest in the Property or any portion thereof, including, but not limited to, owners of an interest in fee simple, contract buyers, mortgagees, easement holders, and/or lessees. 7. Activity and Use Limitations and Terms. The Property is subject to the following activity and use limitations: a. Owners of the Property shall notify all occupants or tenants or any subsequent transferee of an interest in the Property of these Activity and Use Limitations and this Environmental Covenant. Owners of the Property shall condition all occupancy and tenancy on compliance with these Activity and Use Limitations and this Environmental Covenant. The Holders identified herein have executed this Environmental Covenant and are bound by such Activity and Use Limitations without further notice. Failure by any occupant or tenant to comply with these Activity and Use Limitations does not excuse compliance by the then existing owner with these Activity and Use Limitations. b. The Property shall not be used for any purpose other than commercial or industrial. Such allowed use shall include a bus maintenance and storage facility, with offices and employee comfort facilities. c. The Property shall not be used for residential use or use where children may be present for extended periods of time, including school or day care. d. Except for wells authorized by the EPA or IDNR, installation and/or use of wells for any purpose whatsoever, including but not limited to potable and non -potable water supply, for human or animal consumption, irrigation, heat pumps or sanitation, is prohibited. e. Existing wells located on the Property shall not be abandoned or closed without the approval of the EPA or IDNR. f. Unless prior approval is given by EPA, any new construction of enclosed buildings at the Property must prevent, or include remedial systems to 4 control and/or abate vapor intrusion of Contaminants of Concern, as listed on Exhibit B, into any such new construction at the Property, if necessary for compliance with published standards for protectiveness of human health and the environment and appropriate for the intended use of the buildings. Such remedial systems must be properly operated and maintained. g. Any person undertaking excavation or construction activities that may disturb soil on the Property at a depth of more than six feet below the surface grade or at any depth in the area labeled as "buried contaminated soil extents" on the three (3) maps and figures attached hereto at Exhibit C, shall provide no less than thirty (30) days advance written notice thereof to EPA and Holder. Such excavation or construction shall not proceed without prior written approval by the Agency, unless the excavation or construction is part of an Environmental Response Project that has been approved by the Agency. Such prior notice and approval is not required for emergency circumstances, in which case notice must be given as soon as possible. h. If during the time of their ownership, tenancy or occupancy, the owner, tenant, or occupant observes or is given notice that some other party, including but not limited to a utility easement holder, is, without EPA approval, undertaking either emergency or non -emergency excavation or construction activities subject to Agency approval under paragraph 7(g) said owners, tenants, or occupants shall (i) promptly provide a copy to such other party engaged in such activities of these Activity and Use Limitations; (ii) promptly notify such other party that all appropriate and necessary assessments and precautions should be taken prior to such activities, including but not limited to employee protection and hazardous substance management; (iii) promptly notify EPA of the other party's activity or planned activity and contact information for such other party, if known; and (iv) promptly notify such other party that the materials generated at or from the excavation or construction activities must be properly managed as may be required by law, making all appropriate and necessary assessment prior to such management. 8. Notice of Non -Compliance. Any property owner or occupant or tenant or subsequent transferee of an interest in the Property, shall notify EPA and IDNR as soon as possible of conditions which would constitute a breach of the activity and use limitations in paragraph 7 if they have actual knowledge of these conditions or would reasonably be deemed to have knowledge within the normal course of administration of their property interest. 9. Notice to Lessees. Any property owner or occupant or tenant or subsequent transferee of an interest in the Property, Grantor, any holder with a property interest sufficient to grant a lease of the property, and any subsequent transferee shall incorporate the activity and use limitations of this covenant either in full or by reference to this instrument in any lease, license, or other instrument granting a right to possession of the property. 5 10. Access to the Property. Reasonable access to the Property, with prior reasonable notice to the owner or occupant or tenant, is hereby granted to the authorized representatives of EPA and IDNR to conduct environmental activities at the Property, to ascertain or ensure that the Environmental Response Project taken at the Property is or has been implemented and remains effective and protective of human health or welfare or the environment, and to determine compliance with the terms of this Environmental Covenant. Access may include the collection of environmental samples, including but not limited to surface water, groundwater and soil. Holder also has access to the Property during the period of Owner's ownership or during the period the remedial design and remedial action activities are performed, whichever is shorter. 11. Groundwater Hazard Statement Notice. Iowa Code section 558.69 requires submission of a groundwater hazard statement and disclosure if "hazardous waste" exists on the property as defined in Iowa Code subsections 455B.411(3), 455B.412(2) or section 455B.464 or if the Department determines that solid waste exists on the property that is potentially hazardous. If hazardous waste is present, the groundwater hazard statement must state that the condition is being managed in accordance with Department rules. The signatories and all subsequent transferees required to submit a groundwater hazard statement under Iowa Code section 558.69 shall make reference to this Environmental Covenant in substantially the following form: THE INTEREST CONVEYED IS SUBJECT TO AN ENVIRONMENTAL COVENANT, DATED [ date month, day, year) RECORDED IN THE DEED OR OFFICIAL RECORDS OF THE [NAME] COUNTY RECORDER ON [ date month, day, year) IN [document, book and page, or parcel number]. 12. Cooperation and Assistance. The owner and any occupant or tenant of the Property must fully cooperate with the authorized representatives of EPA and IDNR and Holders of this Environmental Covenant as they conduct environmental activities at the Property, if any, and the owner and any occupant or tenant shall not destroy, damage, interfere with or impede the effectiveness or integrity of any environmental activities on the Property. 13. Modification and Termination. This Environmental Covenant may be modified or terminated in accordance with and subject to the provisions of Iowa Code Chapter 455I. The termination or modification of this Environmental Covenant is not effective until the document evidencing consent of all necessary persons is properly recorded. 14. Enforcement. The terms of this Environmental Covenant may be enforced in a civil action for injunctive or other equitable relief by the signatories and those persons authorized by and in accordance with Iowa Code Chapter 455I, including but not limited to Grantor, Grantees, Holders, EPA and IDNR. 15. Severability. If any provision of this Environmental Covenant is found to be unenforceable in any respect, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. 16. Governing Law. This Environmental Covenant shall be governed by and interpreted in accordance with the laws of the state of Iowa. 17. Recordation. Within thirty (30) days following execution of this Environmental Covenant by all parties hereto, Grantor shall properly record this Environmental Covenant with the Dubuque County, Iowa, Recorder's Office. 18. Effective Date. The effective date of this Environmental Covenant shall be the date upon which the fully executed Environmental Covenant has been properly recorded with the Dubuque County, Iowa, Recorder's Office. 19. Notice. Unless otherwise notified in writing by an Agency, any document or notice required by this Environmental Covenant shall be submitted to: EPA Director, Superfund Division U.S. Environmental Protection Agency, Region VII 11201 Renner Blvd. Lenexa, Kansas 66219 IDNR Iowa Department of Natural Resources Contaminated Site Section Supervisor Wallace State Office Building 502 E. 9th Street Des Moines, IA 50319 Holder MidAmerican Energy Company Attn: Environmental Services PO Box 657 Des Moines, IA 50306-0657 20. Subordination and Consent. By signing this Environmental Covenant, the signatories knowingly and intelligently acknowledge their consent to the terms of this Environmental Covenant and agree to subordinate their interest in the Property thereto. 21. Signature. This Environmental Covenant may be signed in counterpart. [Signature Pages to Follow] 7 GRANTOR/GRANTEE/HOLDER: State of Iowa ) SS: County of Dubuque City of Dubuque, Iowa By: Roy D. B Kevin 1? rnstahl, Ci ''Clerk On this ,711) day of ! / , 2019, before me, personally appeared Roy D. Buol and Kevin Firnstahl to m personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Dubuque, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation; and that the instrument was signed and sealed on behalf of the corporation, and by authority of its City Council, as contained in Resolution No. //''%ion thec) th day of , 2019, and that Roy D. Buol and Kevin Firnstahl acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public, State of Iowa: 8 PAMELA J. McCARRON Commission Number 772419 My Comm. Exp. 1.1-.5.--.26121 HOLDER: MIDAMERICAN ENERGY COMPANY 1 1— 2019 State of t C` _ ) �) SS: County of I1D\ ) 172-- Fs) By:17..63 e a-ke\---o ,tom Title: Sr. Vice_ hresick By: Title: On this Atday of C_k , 2019, before me personally appeared "k,y , who being duly sworn, did say that they are the \C i?ftqmuor(-°;er n5ei of the corporation, that (the seal affixed to said instrument is the seal of said corporation or no seal has been procured by said corporation) and that the instrument was signed and sealed on behalf of said corporation by authority of its board of directors and that the said officers acknowledge the execution of said instrument to be the voluntary act and deed of said corporation by them voluntarily executed. Notary Public, State of N 9 4.0°1 DEBORAH S BORCHERT Commission Number 720034 M Co mis ion Expires AGENCY: U.S. ENVIRONMENTAL PROTECTION AGENCY State of Kansas County of Johnson , 2019 SS: By: Mary P'"'"--ifio,,re) Peterson, Director Superfund & Emergency Management Division U.S. EPA, Region VII On this\Ct day of .5-A, , 2019, before me personally appeared Mary P. Peterson, the Director of the Superfund & Emergency Management Division of Region VII of the U.S. Environmental Protection Agency, who being duly sworn, did sign this Amended and Restated Environmental Covenant. al -011141.4) otary Public, State of Kansas 10 NOTARY.PU8.t.IC Stet.,ot Keroes SARAH A. M • RE • My Appt.,Expir•t EXHIBIT A Legal Description Lot 2 of Lot 1 of Lot 2 of City Lot 504, Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Out Lot 507, Lot 2 of Lot 3 of Lot 2 of City Lot 504, Lot 2 of Out Lot 507, That portion of Cedar Street from East Tenth St. to East Eleventh Street which has been vacated, Lot B of Vacated East Tenth Street, Lot 1 of Lot 2 of Lot 1 of Lot 1 of Lot 1 of Out Lot 507, except the Westerly 100 feet of Out Lot 507, Lot 2 of Lot 2 of Lot 2 of Lot 1 of Lot 1 of Congressional Lot 8 in Section 19, Township 89 North, Range 3 East of the 5th P.M., Lot 1 of Lot 2 of Lot 1 of Lot 1 of Congressional Lot 8 in Section 19, Township 89 North, Range 3 East of the 5th P.M., Lot 1 of Lot 1 of Lot 2 of Lot 1 of Congressional Lot 8 in Section 19, Township 89 North, Range 3 East of the 5th P.M., Lot 1 of Lot 2 of Lot 2 of Lot 1 of Congressional Lot 8 in Section 19, Township 89 North, Range 3 East of the 5th P.M., Lot 2 of Lot 2 of Lot 2 of Lot 1 of Congressional Lot 8 in Section 19, Township 89 North, Range 3 East of the 5th P.M., City Lot 503, Lot 1 of Lot 1 of Lot 2 of Congressional Lot 8 in Section 19, Township 89 North, Range 3 East of the 5th P.M., Lot 2 of Lot 1 of Lot 2 of Congressional Lot 8 in Section 19, Township 89 North, Range 3 East of the 5th P.M., Lot 2 of Lot 1 of Lot 2 of Lot 1 of Congressional Lot 8 in Section 19, Township 89 North, Range 3 East of the 5th P.M., All that part of Block 7 in River Front Subdivision No. 2 lying South of the Easterly Extension of the South Right of Way line of East 11th St. and West of the Southerly Extension line of Lot 502A, A portion of the South half of the East llth Street right of way bounded on the West by the Northerly Extension of the West line of Lot 2 of Lot 1 of Lot 2 of City Lot 504 and bounded on the East by the Northerly Extension of the Easterly line of Lot 2 of Lot 1 of Lot 2 of Congressional Lot 8 in Section 19, Township 89 North, Range 3 East of the 5th P.M., 11 EXHIBIT B List of Contaminants of Concern 1. Polynuclear aromatic hydrocarbons (PAHs) 2. Benzene 3. Toluene 4. Ethylbenzene 5. Xylenes 12 EXHIBIT C Maps and Figures showing Buried Contaminant Soil Extents [Attach hereto] 01534942-1\10422-096 TRAFFIC CONTROL NOTES: FOR ANT MP MSM NICE ST ECM PERFORMED 683-690-2948 • ALL APPLICABLE CITY PEN110. MUM. MT NW LW. TO CLOSURE POEMS. SFW. E 0010000 PRIOR TO AVT CONSTRUCTION WHIN OM ROW OR UAE CLOSURES. • ALL TEMPORARY TIMM CONTROL SHAL. BE M ADCORNNCE MM TE LATEST BERM OF TM WHILE ON MORN TRAFFIC CONTROL MMES. PATTERNS MEC TSAR IS HEMS. t NM CAMS.FORME THE PROPER RC MECUMS OF THE NUM • Mt WORN SONO PERFORMED imam THE PU01M RIOMT OF WAYS. RE CC TRACNR 5 REWIRE) 10 PERFORM A RRL SLAB REF)N T 10 WE SEAMEN JOINT LIES. • SM CITY OF WBDp1E CCRNMOL DRIVEWAY T(PE b' RETAIL. CCN1RACTOR MAY OPT FCR 0WCI11OF MN EEM. CONTRACTOR TO VERN MAN MT FM PINE ST. CUCONTRACTOR TO CONT. mY ENGINEER FOR ANY OTHER • SIDEWALK 0070Iw1070N DUALS MemMTR.WCE4 REM TO FIC. AHP. • 8110Y1f CIffikD 9@E PEOUIlm ATM All. SMEWNR MMELEMMEL 1119.3003 MULL 6020 COMMA sMle OF IOWA DEPT OF IVISPORTMON K NAM w E. 1111-1 ST. ._..___.....__ PPOEM.1T PCD ONE PAIN PROP. DETECTABLE WART MC MP.) 111Y3000M- 8 6%A MOIEELINOAP RIC r.. ALM. 900004 1,114,g; 01. = _L • IT 6 UNDERSTOOD THAT THE PROPER!( 00140 DEVELOPED WAS PREVIOUSLY A MANUFACTURED CAS PUNT. THE 91E WAS USED AS A STORAGE AREA FOR COAL TAR AND CYANIDE -FEMME W000 CHIPS. THE UM 6,0 HAS °EMMATEO TARS ARTA AS A SVPERFUND SE. COMMUNE MUST RENEW INE HAZARDOUS MATERIALS HNUlUNO PUN (TECHNICAL MEMORANDUM) PRIOR TD STARTING ANY WORE AT THE SITE MOP. OEPLEMM DDRB (1m) PROP. C JCIABE WARNING GYP.) 1A100 1OCj W MMTP' . TRAINMC LOT 11193W016 IAT 1-1-i-1-1 E IDIN T ESM VM MENELIMS STATE OF IOWA DEPT CF TRVEPORTAIEN SPT LINCOLN NAY. ADAM w PR. LOT AREA: 262,390* SF. 6.024* A. THE OFPTI OF Oh'1MEOEN ON THE MINED OWYW WEATFO SOL MERE *0(1000 DOES NOT MR DE fR &rm. FEET. 000 MARC"' W ARE0 0 RIMED CCMTAMNLMED Sar MIEN'S NSF Din I EGEND 'e.¢ MO. W.=P710041 EE0RN LOAM 910) DOOM SNHP4 0 TM PRIM. SECTION CENSE 0M) 10�� { (4470 010 0043 SWAM PAVEMENT) DENOTES F 1111111PAYMENT MORON ODASE 01 0 4 PANORA* �) 111R601W'� O W MRD LOT COM. sw 1/4 5E) 1S 109N-R3E IIMEELDIDEl MY Of COMM 51.G.ILLEQUIQ SIM LOGOON AS NOTE° ON INN QJ U Lj O }CATCH LEGEND Hill 1 OUM16 PAOP. 5E0N1( MOM AREA OF 1MN1Pm SMEWM( •••"• ICHORS MEESE MN • GUTTER MEOWS SIMS CYN ! OJT. _..: *0(01ES ATEA OF DEF.:BED CMB AND RATER WITH LENGTH NOTED ON NAM. e FOR ALL 0-101 LSSECP 0000IMMNI EE MET HRGreen.00m HRGreen SRE DATA; OWING 20NRM: HI (HEAVY NCISIMAL) • E%. LOT sae 245.7813 SF.. (5.6420 AC.) • PR. LOT STEL 282,3903 SF.. (40243 IS.) Run DING AREA; • PROPOSED MM. (41,708 SEA) pARKING DATA; NUMBER OF REGULAR PARMM STALLS 93 NUMBER OF ALV, STALLS 4 TOTAL NUMBER OF SFALLM B] MEAL PARING MOTH: 0.0' TYPICAL PAW0NO LENGTH: 18' 1YTRCAL ISLE WIDM: 24' WN. PROJECT NOTES. • cONSTRUCMN Mon RaM RDA/ 91 COMMON 10 PURIM SIMMS ANO OPAL CAOMLv MRM THE CST OF NAIVE SWM SUPPLEMENTAL W lRUCROR mamma AND SUM 6TNNWf6/94CAGM6E. a LEAST O(E WELT Mai TO MT 03115IN0CTIW MRS MINX MDKT EASMImB AND/OR ANY CONNECTION 10 REM SOWERS mos. (0 THE MLMT SAIL O THE CTY OF NN01NE TO 0.114 APPiTCM66E MT' POW. SEE Mg ITEMERLL PUNS RJR EMT RAMC d FO N IIMON DET. A2MOM mLMUTT RAHGPVNS TOTOLOCATIONS sTRU IDS„ WM. W/ NO U00TO RE FIGO VERSED Nom TO CONSTWMRON AND ORDER*, SWUM ▪ 1 CCOMPLY 1001 ALL OORDINATE MI P90uAND REMISED ES NM 0061. M CONCRETE NDARD OURS UNLESS OIIERMSE NOTE PLA. OMER SW_ BE S /IL PAVflEMT OW.. ARE MEASURED 10 ME 910E OF MN UNLESS m7ERIME NOTED. M PAW. TO F MR& E NM 2REKK1.1 MOM NM MEASURED FIMA ENO OF P ALL CMN AOMNAG MEMOS MALL E GOMM RTO THE CURB. NL GOIMRUCIMNN SME13OETON.1RANDE OR SiMIM TEES AAF m 1E aw0R11, L 0744105 MDR SIE COMM AWE =VIA=ND APP 10 REM R 10 WftNEaEOURE SERUMS �u1 PERMIT OE N � OF BEDLAM MR 1165 MF. ASAIMRIOM is Blom ON RCL OMR DONTIDIFAS MLL E PROTMFA. ANT MRS BEM PERMWM raVE PIRLIC REIN OF E CONTRACTOR I99 REQUIRED 1074000 A FULL SUS M04. AN RFP000MR 1011E IIOAF31 JOINT LINES 0) Contaminated-Soil-Exhibit-SITE �s�+ �s . b� mBDGW.,.WA.a.:,,1e _NMMPA.. @...ACSE-S 909 n..0..que • Nm ireiwe Faairy Harper 01W, ou3Muq„ YrV, AA6ROo0i ERNE. NORTH Contaminated Soils were placed approx. 4 ft inside the boundary of the parking lot Contaminated Soil Boundary Line 154ft ."#-,A•s" Contaminated Soil in Hatched Area East — West Cross Section Line 4f Contaminated Soil Boundary Line Contaminated Soil in Hatched Area North — South Cross Section Line Prepared by Barry A. Lindahl 300 Main Street Suite 330 Dubuque IA 52001 563 583-4113 Return to: Barry A. Lindahl 300 Main Street Suite 330 Dubuque IA 52001 563 583-4113 RESOLUTION NO. 178-19 APPROVING AN AMENDED AND RESTATED ENVIRONMENTAL COVENANT FOR THE PROPERTY AT 949 KERPER BOULEVARD IN DUBUQUE, DUBUQUE COUNTY, IOWA LOCALLY KNOWN AS THE JULE OPERATIONS AND TRAINING CENTER Whereas, the City of Dubuque is the owner of the real property legally described in Exhibit A hereto and incorporated herein, with a local address of 949 Kerper Boulevard in Dubuque, Dubuque County, Iowa (hereinafter "Property"); and Whereas, the City of Dubuque, MidAmerican Energy Company, the U.S. Environmental Protection Agency and the Iowa Department of Natural Resources (the Parties) entered into an Environmental Covenant (the Prior Covenant) recorded on September 28, 2015 in Book 2015 at Page 12514 of the county records for the purpose of subjecting the Property to certain activity and use limitations in accordance with the terms and conditions specified therein; and Whereas, the Parties now desire to amend, restate, and replace the Prior Covenant with the Amended and Restated Environmental Covenant attached hereto; and Whereas, the City Council of the City of Dubuque finds that it is in the best interest of the City of Dubuque to approve the Amended and Restated Environmental Covenant. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Amended and Restated Environmental Covenant is hereby approved. Section 2. The Mayor is hereby authorized and directed to execute the Amended and Restated Environmental Covenant on behalf of the City of Dubuque. 051619ba1 Section 3. The City Manager is authorized to take such actions as are necessary to carry out the terms of the Amended and Restated Environmental Covenant. Section 4. The City Clerk is hereby authorized and directed to record this Resolution and the Amended and Restated Environmental Covenant with the Dubuque County Recorder Attest: Kevin imstahl, CMC, City Clerk F:\USERS\tsteckle\Lindahl\Resolutions\Final Amended and Restated Environmental Covenant - JOTC 051619.docx Passed, approved and adopted this 20th day of May, 2019. Roy D. Buol, Mayor 051619baI STATE OF IOWA CERTIFICATE of the CITY CLERK ) ) SS: COUNTY OF DUBUQUE ) I, Kevin S. Firnstahl, do hereby certify that I am the duly appointed, qualified, City Clerk of the City of Dubuque, Iowa, in the County aforesaid, and as such City Clerk, I have in my possession or have access to the records of the proceedings of the City Council. I do further state that the hereto attached Resolution No. 178-19 is a true and correct copy of the original. In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque, Iowa. Dated at Dubuque, Iowa, on this 21st day of May, 2019. S. Firnstahl, CMC, City Clerk