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Kwik Trip, Inc. Property Right of Way Plat and Dedication —Roundabout Improvements Project at the Intersection of Kerper Boulevard and Kerper CourtCity of Dubuque City Council Meeting Consent Items # 013. Copyrighted November 6, 2023 ITEM TITLE: Kwik Trip, Inc. Property Right of Way Plat and Dedication —Roundabout Improvements Project at the Intersection of Kerper Boulevard and Kerper Court SUMMARY: City Manager recommending City Council approve the Acquisition Plat of Lot 2A of Kerper Industrial Park No. 2, in the City of Dubuque, Iowa, which provides additional right of way needed for the roundabout improvements at the intersection of Kerper Boulevard and Kerper Court by the adoption of the attached resolution. RESOLUTION Approving the Acquisition Plat of Lot 2A of Kerper Industrial Park No. 2, in the City of Dubuque, Iowa SUGGESTED Suggested Disposition: Receive and File; Adopt Resolution(s) DISPOSITION: ATTACHMENTS: Description Type MVM Memo City Manager Memo Staff Memo Staff Memo Resolution Resolutions ROW Dedication Plat Supporting Documentation DA and Res Supporting Documentation THE C Dubuque DUj!BQTE WAWca 914 Masterpiece on the Mississippi YP pp aoo�•o 13 zai7*20*�oi9 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Kwik Trip, Inc. Property Right of Way Plat and Dedication —Roundabout Improvements Project at the Intersection of Kerper Boulevard and Kerper Court DATE: October 31, 2023 City Engineer Gus Psihoyos is recommending City Council approve the Acquisition Plat of Lot 2A of Kerper Industrial Park No. 2, in the City of Dubuque, Iowa, which provides additional right of way needed for the roundabout improvements at the intersection of Kerper Boulevard and Kerper Court by the adoption of the attached resolution. I concur with the recommendation and respectfully request Mayor and City Council approval. v Mic ael C. Van Milligen MCVM:sv Attachment CC' Crenna Brumwell, City Attorney Cori Burbach, Assistant City Manager Gus Psihoyos, City Engineer Nate Kieffer, PLS Jon Dienst, Civil Engineer II THE CITY OF DUB E Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer DATE: October 20, 2023 Dubuque All•Merin City 2007-2012.2013 2017*2019 SUBJECT: Kwik Trip, Inc. Property Right of Way Plat and Dedication —Roundabout Improvements Project at the Intersection of Kerper Boulevard and Kerper Court INTRODUCTION This memo provides information regarding the platting and acceptance of additional right of way at the intersection of Kerper Boulevard and Kerper Court as part of the Kerper and Kerper Roundabout Intersection Improvements Project. BACKGROUND Pursuant to Resolution No. 387-22, the City of Dubuque and property owner Kwik Trip, Inc. entered into an agreement on this project. As part of that agreement, Kwik Trip, Inc. agreed to dedicate, at no cost, the additional right of way needed to accommodate the roundabout improvements at the intersection and the City is responsible for the surveying and platting of the proposed division of the property. DISCUSSION In accordance with the agreement, the additional right of way of at the intersection of Kerper Boulevard and Kerper Court needs to be platted. The platting of this additional area has been coordinated with the owners of the property and they have signed and consented to the plat. The City of Dubuque Engineering Department has prepared an acquisition plat to provide the right of way area. The area being platted will be dedicated to the public for street and utility purposes. RECOMMENDATION I recommend that the City Council approve the Acquisition Plat of Lot 2A of Kerper Industrial Park No. 2, in the City of Dubuque, Iowa, which provides additional right of way needed for the roundabout improvements at the intersection by the adoption of the attached resolution. ACTION TO BE TAKEN I respectfully request approval of the Acquisition Plat for roundabout improvements at the intersection, and acceptance of the dedication of said lot for Right of Way for street and utility purposes, through the adoption of the enclosed resolution. Prepared by: Nate Kieffer, PLS cc: Jon Dienst, Civil Engineer II 2 Prepared by: Nate Kieffer, City of Dubuque, 50 W. 1V Street, Dubuque, IA 52001 (563) 589-4270 Return to: Nate Kieffer, City of Dubuque, 50 VV. 131h Street, Dubuque, IA 52001 (563) 589-4270 RESOLUTION NO. 360-23 APPROVING THE ACQUISITION PLAT OF LOT 2A OF KERPER INDUSTRIAL PARK NO. 2, IN THE CITY OF DUBUQUE, IOWA Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, an Acquisition Plat dated October 20, 2023 prepared by The City of Dubuque Engineering Department describing Lot 2A of Kerper Industrial Park No. 2, in the City of Dubuque, Iowa; and Whereas, said plat conforms to the laws and statutes pertaining thereto; and Whereas, upon said plat appears Lot 2A, which Kwik Trip, Inc. by said plat has dedicated to the public forever. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat dated October 20, 2023 prepared by The City of Dubuque Engineering Department, relative to the real estate hereinabove described be and the same is hereby approved, and the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat and on behalf of the City of Dubuque, Iowa. Section 2. That the dedication of Lot 2A of Kerper Industrial Park No. 2, in the City of Dubuque, Iowa, for Right of Way for street and utility purposes, as it appears on said Acquisition Plat, be and the same are hereby accepted. Section 3. That the City Clerk be and is hereby authorized and directed to file said plat and certified copy of this resolution in the office of the Recorder, in and for Dubuque County, Iowa, Passed, approved and adopted this 6th day of November, 2023. rad M. avanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk INDEX LEGEND Location: Lot 2 of Kerper Industrial Park No. 2 in the City of Dubuque, Iowa. NW 1/4 of Sec. 19 T89N, R3E (Julien TWP) Requestor: City of Dubuque Proprietor: Kwik Trip, Inc. Surveyor: Russell N. Kieffer Company: City of Dubuque Reserved for Recorder I IIIIIII (IIIII III IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII Doc ID: 011162110009 Type: GEN Kind: SURVEY PLAT Recorded: 11/07/2023 at 04:12:29 PM Fee Amt: $47.00 Paqe 1 of 9 Dubuque County Iowa Karol Kennedy Recorder File2023-00010592 Prepared By: City of Dubuque Address: 50 West 13th St., Dubuque, IA 52001 Ph:563-589-4270 CITY OF DUBUQUE ACQUISITION PLAT COUNTY DUBUQUE PARCEL NO. JOB NO. PROJECT KERPER ROUNDABOUT SECTION 19 TWP 89N RANGE 3E ROW -FEE EXIST. ROAD PERM. EASEM'T LEGAL DESCRIPTION LOT 2 OF KERPER INDUSTRIAL PARK NO. 2 OWNER KWIK TRIP, INC. 15' 30' 60' SCALE 1" = 30' FEET i Go �s) 0-1 G�1 � i � G.2 i i C-1 i L=130.40' (130.34') R=462.50' A=16'09'15" CHORD=S67°06'31 "W 129.97' (129.91') LEGEND LOT 3 OF KERPER INDUSTRIAL PARK LOT 2A OF KERPER INDUSTRIAL PARK NO. 2 3,211 SQ. FT., 0.074 AC S80�7"W 47.46 C-2 L=78.54' R=462.50' A=9°43'46" CHORD=S63°53'47"W 78.44' FOUND 5/8" IRON REBAR W/ RED CAP 12631 FOUND 5/8" IRON REBAR W/ RED CAP 21408 Q SET 5/8" IRON REBAR W/ YELLOW CAP 18128 R.O.W. RIGHT OF WAY (100.00') RECORD DIMENSION PROPOSED LOT LINE — — RIGHT OF WAY LINE I hereby certify that this land surveying document was prepared and related survey work was performed by me or under my direct personal supervision and that 1 am a duly licensed Land s Surveyor under the laws of the State of Iowa. '•.�G For the City of Dubuque 11 RUSSELL. '; Dthe 0Russell N. Kieffer Iowa Lic. No. 18128 Date My license renewal date is December 31, 2024 Pages or sheets covered by this seal: PAGES 1 $ 2 ONLY 4053,4o„E 62 N7 N77-30,49„w 44.79, N6 2,6,. N50008'51 "W 15.32' C-3 L=51.86' R=462.50' A=6°25'29" CHORD=N71 °58'24"E 51.83' LOT 2 OF KERPER INDUSTRIAL PARK NO. 2 PER INSTRUMENT #2016-1387 NOTES: S64024'04"E 21.75' (21.73, s N rn rn m POINT OF I N BEGINNING W .P W w J J w\ cr. 1. ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEREOF 2. PROPRIETOR OF ABOVE DESCRIBED LOT: KWIK TRIP, INC. 3. SURVEY REQUESTED BY: CITY OF DUBUQUE 4. TOTAL AREA OF PERIMETER SURVEYED IS 3,211 SQUARE FEET (0.074 ACRES) 5. THIS PLAT IS SUBJECT TO ALL EASEMENTS OF RECORD AND NOT OF RECORD 6. DATE OF SURVEY: 8-15-2023 POINT OF COMMENCEMENT \ SOUTHEASTERLY CORNER OF LOT 2, KERPER INDUSTRIAL PARK NO.2 Dubuque CITY OF DUBUQUE ENGINEERING DEPARTMENT 11-Anca CITY HALL, 50 WEST 13th STREET DUBUQUE, IA 52001-4864 Ime I. PHONE (563) 589-4270 FAX (563) 589-4205 11 Drawn By: JJB I Approved By: RNK Date: 10-18-23 07 2012 LOT 2A OF KERPER INDUSTRIAL PARK NO.2 13 20 2007 2012 IN THE CITY OF DUBUQUE, IOWA 2019 C.I.P. Number. Sheet Number: 1 Of 6 ® DOG, City Eng ilrider yl °° SURVEYOR'S CERTIFICATE PROPERTY DESCRIPTION Lot 2A of Kerper Industrial Park No. 2, in the City of Dubuque, Iowa A part of Lot 2 of Kerper Industrial Park No. 2, in the City of Dubuque, Iowa, more particularly described as follows: Commencing at the Southeasterly corner of Lot 2 of Kerper Industrial Park No. 2, in the City of Dubuque, Iowa; Thence North 14 Degrees 46 Minutes 16 Seconds West along the Westerly right of way line of Kerper Boulevard a distance of 143.15 feet to the Point of Beginning; Thence North 32 Degrees 19 Minutes 50 Seconds West a distance of 47.34 feet; Thence North 50 Degrees 08 Minutes 51 Seconds West a distance of 15.32 feet; Thence North 62 Degrees 59 Minutes 56 Seconds West a distance of 27.49 feet; Thence North 77 Degrees 30 Minutes 49 Seconds West a distance of 44.79 feet; Thence South 80 Degrees 55 Minutes 57 Seconds West a distance of 47.45 feet to a point on the Southerly right of way line of Kerper Court; Thence Northeasterly along said Southerly Right of way line being a circular curve concave to the Southeast having a radius of 462.50 feet, a chord of 51.83 feet which bears North 71 Degrees 58 Minutes 24 Seconds East, an arc length of 51.86 feet; Thence North 74 Degrees 53 Minutes 40 Seconds East along said Southerly right of way line a distance of 62.36 feet; Thence South 64 Degrees 24 Minutes 04 Seconds East along said Southerly right of way line a distance of 21.75 feet to the Westerly right of way line of Kerper Boulevard; Thence South 14 Degrees 46 Minutes 16 Seconds East along said Westerly right of way line a distance of 90.39 feet to the Point of Beginning, containing 3,211 square feet (0.074 acres), more or less, and is subject to easements, reservations, restrictions and rights of way of record and not of record. The above -described parcel shall hereinafter be known as Lot 2A of Kerper Industrial Park No. 2, in the City of Dubuque, Iowa. 2 The above described lot(s) were surveyed and platted for right-of-way purposes, the plat of which is attached hereto and made a part of this certificate. All monuments were placed or shall be placed within one year from the date this plat is recorded. I hereby certify that this land surveying document was prepared and the related survey work was performed by me, or under my direct personal supervision, and that I am a duly licensed Professional Land Surveyor under the laws of the State of Iowa. LAN5 • �` • sG�m RUSSELL N. KIEFFER ; 0 18128 �OWP Date l G- Z O -- 2 OZ 3 Russell N. Kieffer, P.L.S. No. 18128 My license renewal date is Dec. 31, 2024 Pages on sheets covered by this seal: this sheet only 3 OWNER'S CONSENT Dubuque, Iowa 1D(4tbcv 3o 2023 The foregoing acquisition plat of Lot 2A of Kerper Industrial Park No. 2, in the City of Dubuque, Iowa, is made with the free consent and in accordance with the desires of the undersigned owners and proprietors of said real estate. We hereby dedicate said Lot 2A to the public for street and utility purposes. KWIK TRIP, INC By: JC44CA .l- W"i 3e� ©' Tvlasurlr Name Position UNIVERSAL NOTARY CERTIFICATE STATE OF o1S(OWW ) COUNTY OF 0 (VO SS E ) On this -` � day of )r?r , 2023, before me, the undersigned, a Notary Public in and for said State, personally appeared ja4ej4 J. to r 6t to me personally known, OR _ pr ed to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) acted, executed the instrument. (Notary Sea]) Q jE� C�✓'-�'^�J (Sign in bkfe ink) \aur((r.a(rraf,,, ley W . OTARY OF WISC ►zcbc - \kknrs (Print/type name) Notary Public in and for State of Iowa 4 CAPACITY CLAIMED BY SIGNER _INDIVIDUAL Y CORPORATE OFFICER(S) �y �V ea S a k tX (Title) (CORP SEAL) ,AFFIXED NO SEAL PROCURED `PARTNER(S) `LIMITED _GENERAL _ATTORNEY -IN -FACT ,TRUSTEE(S) _GUARDIAN/CONSERVATOR OTHER SIGNER IS REPRESENTING PLANNING SERVICES / Dubuque, Iowa `f / - 2- , 2023 The foregoing acquisition plat Lot 2A of Kerper Industrial Park No. 2, in the City of Dubuque, Iowa, in the City of Dubuque or within the two-mile jurisdiction of the City of Dubuque, Iowa, as defined under Section 354 of the Code of Iowa, has been reviewed by the City Planner, (or desi e) of th City of Dubuque in accordance with Chapter 42 of the City of Dubuque Code of Ordinance d said Val s been endorsed herein on the date first written above. Dubuque, Iowa Slanning Services of Dubuque, Iowa CITY OF DUBUQUE, IOWA Nove rn be r 7 , 2023 The undersigned, Brad M. Cavanagh, Mayor and Adrienne N. Breitfelder, Clerk of the City of Dubuque, Iowa, do hereby certify that the foregoing acquisition plat of Lot 2A of Kerper Industrial Park No. 2, in the City of Dubuque, Iowa to the public for street and utility purposes, as appears heretofore has been filed on +h day of Nove rn ber , 2023 as Resolution # 360 - d 3 in the office of the City Clerk of Dubuque, Iowa and that the City Council of the City of Dubuque, Iowa approves said plat. Mayor a u%ugqu/e, IA Clerk of the City of Dubuque, IA Dubuque, Iowa COUNTY AUDITOR � tiaJ J'J ` `�r `f• NO � `;� , 2023, The foregoing acquisition plat of Lot 2A of Kerper Industrial Park No. 2, in the , sty of Dubuque, Iowa=' t � was entered of record in the office of the Dubuque County Auditor this ' ?i '` of 2023:, We approve the subdivision name or title shown hereon to be recorded.�,� C V viiQ r gotto Dubuque C,oUh% Auditor CITY ASSESSOR Dubuque, Iowa t 1 " D t , 2023 The foregoing acquisition plat of Lot 2A of Kerper Industrial Park No. 2, in the City of Dubuque, Iowa was entered of record in the office of the Dubuque County Assessor this - of NQ 2023. 1 Troy Patzner Dubuque City Assessor RECORDER'S CERTIFICATE Dubuque, Iowa Nov • 7 -41 , 2023 The foregoing acquisition plat of Lot 2A of Kerper Industrial Park No. 2, in the City of Dubuque, Iowa has been reviewed by the Dubuque County Recorder. - a',x4- VfmmY-1Q6f Karol needy Recorder of Dubuque County Al 0 Prepared by: Nate Kieffer City of Dubuque, 50 W. 13'" Street, Dubuque. IA 52001 (563) 589-4270 Return to: Nate Kieffer City of Dubuque 50 W. 131" Street Dubuque IA 52001 (563) 589-4270 RESOLUTION NO. 360-23 APPROVING THE ACQUISITION PLAT OF LOT 2A OF KERPER INDUSTRIAL PARK NO. 2, IN THE CITY OF DUBUQUE, IOWA Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, an Acquisition Plat dated October 20, 2023 prepared by The City of Dubuque Engineering Department describing Lot 2A of Kerper Industrial Park No. 2, in the City of Dubuque, Iowa; and Whereas, said plat conforms to the laws and statutes pertaining thereto; and Whereas, upon said plat appears Lot 2A, which Kwik Trip, Inc. by said plat has dedicated to the public forever. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat dated October 20, 2023 prepared by The City of Dubuque Engineering Department, relative to the real estate hereinabove described be and the same is hereby approved, and the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat and on behalf of the City of Dubuque, Iowa. Section 2. That the dedication of Lot 2A of Kerper Industrial Park No. 2, in the City of Dubuque, Iowa, for Right of Way for street and utility purposes, as it appears on said Acquisition Plat, be and the same are hereby accepted. Section 3. That the City Clerk be and is hereby authorized and directed to file said plat and certified copy of this resolution in the office of the Recorder, in and for Dubuque County, Iowa. Passed, approved and adopted this 6th day of November, 2023. rad M avanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk CERTIFICATE of the CITY CLERK STATE OF IOWA ) SS: COUNTY OF DUBUQUE ) I, Adrienne N. Breitfelder, City Clerk, 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. 360-23 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 7th day of November, 2023. ` fWAL) a w. "'V4 Adrienne N. Breitfelder, City Clerk Prepared by Nate Kieffer, PLS, 50 W. 13th St., Dubuque IA 52001. (563)589-4276 Return to Adrienne N. Breitfelder, City Clerk, 50 W. 1 P St., Dubuque, IA. (563)589-4100 RESOLUTION NO. 387-22 APPROVING AN AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND KWIK TRIP, INC. FOR CONSTRUCTION OF CERTAIN OFF -SITE PUBLIC ROADWAY IMPROVEMENTS AT THE INTERSECTION OF KERPER BOULEVARD AND KERPER COURT RELATED TO THE PROPOSED SITE IMPROVEMENTS AT SAID INTERSECTION WHEREAS, Kwik Trip, Inc. (KTI) has proposed a development project (the Project) at the intersection of Kerper Boulevard and Kerper Court; and WHEREAS, the City of Dubuque has determined that the Project will require certain improvements to the public right of way of Kerper Boulevard and Kerper Court and KTI agrees that such improvements are reasonable and necessary; and WHEREAS, the City of Dubuque has negotiated an Agreement, subject to City Council approval, with KTI for the construction of off -site public roadway improvements at the intersection of Kerper Boulevard and Kerper Court related to the proposed private site improvements by KTI at the southwest quadrant of said intersection; and WHEREAS, the City Council finds that it is in the best interest of the City of Dubuque to approve the Agreement attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Agreement attached hereto is hereby approved. Section 2. The City Manager is authorized and directed to execute the Agreement on behalf of the City of Dubuque and to take such action as may be necessary to carry out the terms of the Agreement. Passed, Approved, and Adopted this 19t" day of December, 2022. .d M. Gal.gFniagh,Mayor Attest: Adrienne N. Breitfelder, City Clerk TRAFFIC SAFETY IMPROVEMENTS AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND KWIK TRIP, INC. This Agreement (the Agreement), dated for reference purposes the 19-tb day of December , 2022, is made and entered into by and between Kwik Trip, Inc., a Wisconsin corporation (Kwik Trip) and the City of Dubuque, Iowa (City). Whereas, Kwik Trip is the Contract Buyer of the property legally described as: Lot 2 of Kerper Industrial Park No. 2, in the City of Dubuque, Iowa, according to the recorded plat thereof and as shown on Exhibit A (the Real Estate); and Whereas, Kwik Trip desires to develop the Real Estate for a convenience store/fueling station (the Development Project) as conceptually shown on Exhibit B; and Whereas, City has determined that the Development Project will require certain traffic safety improvements, including but not limited to a two-lane roundabout intersection with street lighting, sidewalk, and underground utilities and other appurtenances, to the public right of way of Kerper Boulevard and Kerper Court as set forth herein and as shown conceptually on Exhibit C (the Required Improvements) and Kwik Trip agrees that such improvements are reasonable and necessary; and Whereas, City is planning to design and construct the Required Improvements as part of a future CIP project, with the exception of the installation of sidewalks abutting Kwik Trip's property along Kerper Boulevard ("Sidewalks"), which shall be constructed by Kwik Trip at Kwik Trip's sole expense.; and Whereas, City is willing to allow the construction of the Development Project on the Real Estate subject to the conditions set forth herein. NOW, THEREFORE, IT IS AGREED BY AND BETWEEN KWIK TRIP AND CITY AS FOLLOWS: SECTION 1. CITY OBLIGATIONS. 1.1 City agrees to design and construct the Required Improvements as shown conceptually on Exhibit C. The estimated cost of the Required Improvements is $1, 500, 000. 1.2 The Required Improvements project will include the installation of the Sidewalks, which shall be constructed by Kwik Trip at Kwik Trip's sole expense. 12152022 With the exception of the Sidewalks, City agrees to construct the Required Improvements so that they are operational by December 1, 2024. If construction of the Required Improvements has not been materially commenced by July 1, 2024 City will forfeit/repay to Kwik Trip the full Escrow Amount (as defined in Section 2.1 herein). The City shall be excused from its obligations under this Section 1 if and to the extent and during such time as the City is prevented, impeded, or hindered, unable to perform its obligations or is delayed in doing so due to events or conditions outside of the City's reasonable control and after the City has taken reasonable steps to avoid or mitigate such event or its consequences including, without limitation in any way, as the result of any acts of God, war, fire, or other casualty, riot, civil unrest, extreme weather conditions, terrorism, strikes and/or labor disputes, pandemic, epidemic, quarantines, government stay-at-home orders, municipal and other government orders, or other matter beyond the control of such party. SECTION 2. KWIK TRIP OBLIGATIONS. 2.1 Subject to Section 1.3, KwikTrip agrees to contribute to City fifty percent (50%) toward the costs of the Required Improvements, including but not limited to engineering, right of way acquisition and construction, provided however, that such costs required by Kwik Trip shall not exceed $750,000. Within thirty (30) days after Kwik Trip's acquisition of the Real Estate, Kwik Trip must place $750,000 (the Escrow Amount) in an escrow account for the benefit of City (the Escrow Account) pursuant to an Escrow Agreement acceptable in form to City and Kwik Trip. Funds in the Escrow Account will be available to City any time City in its sole discretion deems necessary. 2.2 KwikTrip agrees, at no cost to City, to dedicate to City by plat acquisition, the plat to be prepared by City (which shall be reviewed and approved by Kwik Trip), all street right- of-way necessary for the construction of the Required Improvements as conceptually shown on Exhibit D. Kwik Trip also agrees to pay to City upon receipt of a statement from City the property taxes prorated to the date of recording of the plat for the property dedicated to City 2.4 Kwik Trip agrees to be solely responsible for the costs of any necessary utility connections and connection fees for the Development Project 2.5 City will issue all required permits for construction of the Development Project after all required approvals of the site plan are granted for the Development Project. Kwik Trip will receive its certificate of occupancy for the Development Project when the Development Project has been completed as required by the City approved site plans and to the satisfaction of the City Inspection and Construction Services Division and the earlier of (i) the date that the Required Improvements are operational, as determined by the City Engineer, or (ii) December 1, 2024. 2.6 Kwik Trip's obligations under this Agreement are conditioned upon Kwik Trip acquiring the Real Estate by January 31, 2023 or at such other date as the parties agree. In the event Kwik Trip does not acquire the Real Estate by January 31, 2023, then this Agreement will be null and void. SECTION 3. BINDING ON SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon the parties hereto and their successors and assigns. SECTION 4. CITY COUNCIL APPROVAL REQUIRED. This Agreement is subject to final approval by the City Council in its sole discretion. SECTION & INDEMNIFICATION FROM THIRD PARTY CLAIMS. To the fullest extent permitted by law, Kwik Trip shall defend, indemnify and hold harmless City, its officers and employees, from and against all claims, damages, losses and expenses claimed by third parties, but not including any claims, damages, losses or expenses of the parties to this Agreement, including but not limited to attorneys' fees, arising during the construction of the Sidewalks in Section 1.2. Kwik Trip shall provide insurance as described in the attached insurance schedule related to claims arising during Kwik Trip's construction of of the Sidewalks as required by Section 1.2 of this Agreement. CITY OF DUBUQUE, IOWA By: Mich el C. Van �Milfig�en City Manager KWIK TRIP, INC. By: - -- Name: ► 2,O r s C. K &, ra l ttT- Its: cc- P i Q C� Date: 12/19/2022 Date: I a -, s-- a 3 EXHIBIT A PLAT E r` ®_ ca im ce) R�; Mali -'cm �o'zauo'S LL PLAT OF SURVEY KERPER INDUSTRIAL PARK NO. 2 IN THE CITY OF DUBUQUE, IOWA LEGEND BOUNDARY LINE L-49.24' LOT LINE LOT 3 KERPER INDUSTRIAL PARK R"`°�"T7° DOC. NO. 6607-99 EASEMENT// LINE yy/// CHORp-H63T5+y4-E V PLLAASSTTIICSCAP NO A2140B RED _ 49.22" a FWND 6 6' REBAR W RED N23'S6'19'M' T - N74'S4�Ofii + PLASTIC AP EB 126� 1 4276' + SET 5 B' REBAR W/ RED PLASTIC Spa KERPER CT. (ROW VARIES) [6xD57 CAP r%. 2140B ( iNeB'E 1 111 "ww 19A.% $64ro6'30 ® FOUND MAD NAIL 6 - 166.08' 86.0 (164.667 I..}30,34• 21-73'(21 901 ROW RWAY t ( ) RECORD INFORMATION R LOT D KERPER (t66.06') ` L=2115' R.46Y..50 INDUSTRIAL PARK 146675.4TE R-537.50' b1BB6'49' \\ 52.61152.64') A-Zlvw CHORO-N97T24+5-£ rry N66'31 "56`E------1fff��� ST I'3959'E 103.50' 65.41'(65.s1i CHORD-N60'08'59'E 21.1V t2AB1' oz r {y (103.47') LOT 5 KERPER - DDG. Oil HOUSTRIAL PARK 8807-99 �°•• 'y s s ry r513,02 - - ! \ 913.02 � " LOT 1 +J y, 41 a a GRAPHIC SCALE z 2.57 ACRES LOT 2 - r, ' [ L 0 100 200 Q m 3.45 ACRES J 1" = 100' N ; DRAWING MAY HAVE BEEN REDUCED ' SZ ( LOT 2 FDL SECOND ADDITION DOC NO 9550-99 536'49'32+yr � M 78.74' r wo DRAINAGE r S51'51'S1i. 1g 1 CENTERUHE DITCH - SEE 44A2". (4.00'] _'4 SURVEYOR'S NOTE NOTE SURVEYOR'S NOTE s f THIS SURVEY IS SUBJECT TO EASEMENTS, RESOLUR9 AUTHORIZING SALE OF REAL ESTATE ALLOWS RESERVATIONS, RESTRICTIONS AND EASEMENT RIGHTS ACROSS PROPERTY FOR STORM WATER \ RIGHTS -OF -WAY OF RECORD AND NOT OF RECORD, STORAGE, UTILITIES, STORM SEWER AND SANITARY SEWER. INSTRUMENT NO. 3132-72. THE EXACT LOCATION AND 'WIDTH — WERE NOT DESCRIBED. Z S�VN•Ed~ r 6\ DESCRIPTION: LOT 2 OF FDL SECOND ADDITION AND LOT 5 KERPER INDUSTRIAL PARK, ALL IN THE CITY OF DUBUQUE, IOWA 1A� F 'W Y+"' a}° 1M\Q� b4Ctl�fl 1fA5IADAA(4 '^.,e M4 iif 1 rq f+ (prtlY TNAt TxR u/+b 1YIhLrS1Yi OM .�' , (] W ^r W M�0 11[ RF1F7m A1'hLT WOrR rK YS3i�Y{➢ 8A 5®pEA r12 PFA90Ku 'J1P(A': JM 21Mi i !sl n Col G[Y'RC4 rNU I 2JRiimwd TOA l9.0J1 \fl[ uR Li 1R yTAi[ W Wnw CRAIG L. toR Im P. _ JOHN P. MIHALAKIS AND RICHARD L BILLMEYER c GEISER "' PROPRIETORS: SURVEYED FOR: TLC PROPERTIES, INC. iLS 214054'� sni+ u±ua L �' I •• oATi der... pw Iltr .p 1-u..lt, DATE OF SURVEY: JANUARY 28. 2016 TOTAL AREA SURVEYED: 6.02 ACRES .•' a,�. ll Ito`"• ,:+.� ucD+g xa 21W MY M W MM& DATED 12/]1/2416 p"cRi9 a0..N�. "Silo 61 EXHIBIT B FUELING STATION AND CONVENIENCE STORE CONCEPT KWIK rpip KWIK �PWIPDX 21F 1I1 ry-- Iry1 g(g(IL _ fy 1 Ee SOAK GVE i . I � I WI•---�—��.-4—=•i� �� 1 i � 1 FAX 1ea9) 1el.e9eo E� �,•�..�._ I - ill . J ...:,;'�.:`=,.;;�'�.�.^.... �. . Z Z o Lotl s�rre.wl ee •••:a SP7 EXHIBIT C ROUNDABOUT INTERSECTION IMPROVEMENTS CONCEPT -�- � n I NEW POLE LOCATKM - rrr KERPER Bl.Vi7 4F = - - KERPER BLVD } i. 4 ,4 I SCALE So MSA " "' �`°""""- KERPER BLVD at KERPER CT ROUNDABOUT CONCEPT - OPTION 2 � �il4w an"`r.....+ DUBUQUE, IA ._...�- EXHIBR: 2.0 E%H rtOPIlON3d@�9/16/I 9 EXHIBIT D RIGHT OF WAY DEDICATION 10 I WIK TRIP KWIK SMAR KWIH TFIP. Inc 107 1 2 OSTREET LA OAK SE Wl W 15a667-N 67 PH. 60811761-B 6Y6 FAX �606) 7914.10 v Z W 5 0 a rn � W W U Z }� 0) W zw W O z m coU to 11