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Pickett Street Rehabilitation Award Recording MemoCity of Dubuque City Council Meeting Consent Items # 020. Copyrighted July 1, 2024 ITEM TITLE: Pickett Street Rehabilitation Award Recording Memo SUMMARY: City Manager recommending to award the Public Improvement Construction Contract for the Pickett Street Rehabilitation Project to Valentine Construction Co., L L C in the low bid amount of $60,000 through adoption of the attached resolution and is also requesting the attached petition and waiver agreements be signed by the Mayor and City Clerk. SUGGESTED DISPOSITION: ATTACHMENTS: Description MVM Memo Staff Memo Resolution 525 Loras Assessment 533 Loras Assessment 553 Loras Assessment 561 Loras Assessment RESOLUTION Awarding Public Improvement Construction Contract for the Pickett Street Rehabilitation Project Suggested Disposition: Receive and File; Adopt Resolution(s) Type Ordinance Staff Memo Resolutions Supporting Documentation Supporting Documentation Supporting Documentation Supporting Documentation THE CITY DUOF B TEE Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Pickett Street Rehabilitation Award Recording Memo DATE: June 25, 2024 Dubuque All -America City IN 2007.2012.2013 2017*2019 In accordance with Iowa Code Section 380.4, City Engineer Gus Psihoyos respectfully requests that the City Council award the Public Improvement Construction Contract for the Pickett Street Rehabilitation Project to Valentine Construction Co., LLC in the low bid amount of $60,000 through adoption of the attached resolution and is also requesting the attached petition and waiver agreements be signed by the Mayor and City Clerk. I concur with the recommendation and respectfully request Mayor and City Council approval. Mic ael C. Van Milligen L[yTI LWA Attachment cc: Crenna Brumwell, City Attorney Cori Burbach, Assistant City Manager Gus Psihoyos, City Engineer Jon Dienst, Civil Engineer II Bob Schiesl, Assistant City Engineer Arielle Swift, Public Works Director THE CITY OF DUBQTE Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer SUBJECT: Pickett Street Rehabilitation Award Recording Memo DATE: June 18, 2024 INTRODUCTION Dubuque AII•Ameriea Ci$ 2007-2012.2013 2017*2019 The attached resolution authorizes the award of the public improvement construction contract for the Pickett Street Rehabilitation Project. BACKGROUND Pickett Street has a badly deteriorated curb and gutter abutting the sidewalk. Since the adjacent sidewalk will be impacted by the curb and gutter replacement, most of the sidewalk will be replaced. The sidewalk identified as defective before the project began was brought to the abutting property owners' attention. Voluntary assessment (petition and waiver agreements) were signed by the impacted property owners. Public Works plans to resurface this street this late summer. DISCUSSION The project will include the removal and replacement of curb and gutter and adjoining sidewalk on Pickett Street between Henion Street and Cornell Street. Curb ramps at the intersection of Henion Street and Cornell Streets will be replaced under a separate ADA Ramp project already awarded. BID RESULTS The City solicited four bids for this project. The City received sealed bids on June 13, 2024, for the Pickett Street Rehabilitation Project. Valentine Construction Co., LLC of Dubuque, Iowa, submitted the only bid in the amount of $60,000.00. Which is 4.7% below the engineer's estimate. A summary of the bid proposal received is as follows: Contractor Name Total Bid Valentine Construction Co., LLC $60,000.00 RECOMMENDATION I recommend awarding the construction contract for the Pickett Street Rehabilitation Project to Valentine Construction Co., LLC in the low bid amount of $60,000.00. BUDGETIMPACT The estimate of probable cost for the Pickett Street Rehabilitation Project is summarized in the following table: Description Cost Estimate Award Construction $ 63,000.00 $ 60,000.00 Contingency 6,300.00 6,300.00 Engineering Design and Administration 5,000.00 5,000.00 Total Construction Cost Estimate $74,300,007 $ 71,300.00 The proposed project funding is summarized as follows: Project No. Fund Description Fund Amount 5521000012 Street Construction - Repairs $ 35,880.00 5521000002 Curb and Catch Basin $ 30,354.00 5521000002 1 Voluntary Assessments $5,066.00 Total Project Funding $ 71,300.00 REQUESTED ACTION In accordance with Iowa Code Section 380.4, 1 respectfully request that the City Council award the Public Improvement Construction Contract for the Pickett Street Rehabilitation Project to Valentine Construction Co., LLC through adoption of the attached resolution. also request the attached petition and waiver agreements be signed by the Mayor and City Clerk. /_i w11 Prepared by: Jon Dienst, P.E. cc: Bob Schiesl, Assistant City Engineer Arielle Swift, Public Works Director Prepared by Jon Dienst C11y of Dubuque Engineering 50 W. 13'h St. Dubuque, IA 52001 563 589-4270 Return to Adrienne N. BreTelder City Cierk City of Dubuque, 50 W. 1311 St. Dubuque, IA 52001 (563)589-4100 RESOLUTION NO. 217-24 AWARDING PUBLIC IMPROVEMENT CONSTRUCTION CONTRACT FOR THE PICKETT STREET REHABILITATION PROJECT Whereas, sealed informal bid proposals have been submitted by contractors for the Pickett Street Rehabilitation Project, (the Project) on the 13th day of June 2024; and Whereas, said sealed proposals were opened and read on the 13th day of June 2024 and it has been determined that Valentine Construction Co., LLC, of Dubuque, IA. submitted the low bid in the amount of $60,000.00, and is the lowest responsive, responsible bidder for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That a Public Improvement Construction Contract for the Project is hereby awarded to Valentine Construction Co., LLC and the City Manager is hereby directed to execute a Public Improvement Construction Contract on behalf of the City of Dubuque for the Project. Passed, adopted, and approved this 1st day of July 2024. Tr ad . C vanagh, Mayor Attest: Adrienne N. Breitfelder, CMC City Clerk 1 :k tI1dIQ� [.\ZI9I7%11y/4ZXXI0=1=1Jil_=kki THIS PETITION AND WAIVER AGREEMENT (Agreement) is made and entered into by and between the City of Dubuque, Iowa (City) and the undersigned property owner in said City ("Property Owner"). WITNESSETH: WHEREAS, City proposes to construct curb and gutter and street improvements (Improvements) in said City; and WHEREAS, the undersigned Property Owner desires that the Improvements be constructed to benefit their respective property and that special assessments be levied against his property as hereinafter described, the general description and location of said Improvements being as follows: A. Remove deteriorated sidewalk B. Install new curb and gutter at city expense C. Construct new sidewalk behind new curb and gutter WHEREAS, the property to be assessed is described on the attached signature pages to this Agreement: NOW, THEREFORE, BE IT AGREED AMONG THE PARTIES HERETO AS FOLLOWS: As soon as practicable City shall have the right to cause the above described Improvements to be constructed in accordance with such plans and specifications as it shall deem appropriate. The construction of said Improvements shall be under the supervision of an engineer to be selected by City (the Engineer). For the purpose of this Agreement, City may elect to enter into contracts for the _construction- of _said__I_mprove ments as a part__of_an_y_-contract--for--a-public--improvement- project entered into prior to the receipt of this instrument as authorized by Section 384.41(2) of the Code of Iowa. In consideration of the construction of said Improvements, the undersigned Property Owner hereby waive the public hearing on the adoption of the resolution of necessity and the mailing and publication of notice thereof, and all other legal formalities of whatsoever kind or character required by the laws of Iowa to be observed by cities in the construction of said Improvements where the expense of such Improvements is to be assessed against private property. The undersigned Property Owner hereby expressly waives each and every question of jurisdiction, the intention of the Property Owner being to authorize and direct said City to construct the Improvements without requiring any of the formalities or legal proceedings required of cities by the statutes of Iowa. It is further agreed that when said Improvements have been constructed in accordance with the plans and specifications that City may make assessments against the property of the undersigned Property Owner for the entire cost of the construction of said Improvements, including the cost of engineering, supervision, preparation of assessment schedule, and a ten percent Default and Deficiency Fund as authorized by Section 384.44, Code of Iowa, and that said assessments so made shall be a lien upon the property hereinafter described, and the undersigned Property Owner hereby agrees to pay the amount which is thus assessed against his property, and said assessment shall have the same legal force and effect as if all the legal formalities provided by law in such cases had been fully and faithfully performed and observed. The undersigned Property Owner hereby expressly waives every objection to said assessment, any limitation of the amount thereof as a percentage of valuation and any right to defer or postpone payment of the assessment. Said assessment shall be paid by the undersigned Property Owner within the time provided by statute for the payment of special assessments for such Improvements. The amount and proportion of the cost of the Improvements to be paid by the Property Owner shall be ascertained and determined by the Engineer and by it reported to the City Council which shall make such changes or alterations as it may require, and when said assessments are finally passed by the City Council and by it levied, they shall constitute the assessments against the property. Property Owner hereby authorizes the City Council to pass any Resolution requisite or necessary to order and secure said Improvements, to provide for the construction of the same and to make the assessments herein provided for, without further notice to said Property Owner, and any such Resolution may contain recitals that said Improvements are ordered or made by the City Council without petition of property owner, without in any way qualifying this petition or releasing the Property Owner from his obligation to pay the assessments levied against his property for the cost of said Improvements and to issue improvement bonds or other obligations payable out of said assessments. Property Owner warrants that its real estate described below is free and clear of all liens and encumbrances other than for ordinary taxes, except for such liens as are held by lienholders hereinafter listed and designated as signers of this Agreement (Lienholders), who by execution of this Agreement consent to the subordination of their lien to the special assessment liens herein described. Property Owner further agrees to subordinate the sale of any part of its listed property to the terms of this Agreement, and, upon failure to do so, to pay the full amount of the assessment on demand. Each Lienholder designated below, by execution of this Agreement, agrees and consents that its lien or liens shall be subordinated to the lien of the assessments levied pursuant hereto. Property Owner agrees that this Agreement shall be effective and binding from and after the approval hereof by resolution of the City Council. Dated this day of 20 CITY OF DUBUQUE, IOWA Brad M. Cavanagh, Mayor ATTEST: By: Adrienne N. Breitfelder, CIVIC City Clerk 5/29/2024 Roo House LLC 985 W 5tn St Dubuque, IA 52001 Re: Sidewalk Removal and Replacement — Pickett Street Rehabilitation Project I, Roo House LLC, agree and accept the not to exceed cost f $1,266.00 for sidewalk removal and replacement in conjunction with the Pickett tr et eha ' 'tation PrEect. r erty O r Name J 1 -�6 i �'� Date Sidewalk Removal and Replacement (Not to Exceed) $ 1,266.00 Total Assessment $ SIGNATURE PAGE TO PETITION & WAIVER AGREEMENT Property Owner: Roo House LLC 525 Loras Blvd. Dubuque, IA 52001 Legal description of property to be assessed: PARCEL ID: 1024337008 LOT 6 OF S PT OF CITY LOT 684 The undersigned Property Owner and Lienholder agree to the terms of the attached Petition and Waiver Agreement and agree to be bound thereby. we Date l V�— By: Y Date: WITNESS: J--30--2VWITNESS: PETITION AND WAIVER AGREEMENT THIS PETITION AND WAIVER AGREEMENT (Agreement) is made and entered into by and between the City of Dubuque, Iowa (City) and the undersigned property owner in said City ("Property Owner"). WITNESSETH: WHEREAS, City proposes to construct curb and gutter and street improvements (Improvements) in said City; and WHEREAS, the undersigned Property Owner desires that the Improvements be constructed to benefit their respective property and that special assessments be levied against his property as hereinafter described, the general description and location of said Improvements being as follows: A. Remove deteriorated sidewalk B. Install new curb and gutter at city expense C. Construct new sidewalk behind new curb and gutter WHEREAS, the property to be assessed is described on the attached signature pages to this Agreement: NOW, THEREFORE, BE IT AGREED AMONG THE PARTIES HERETO AS FOLLOWS: As soon as practicable City shall have the right to cause the above described Improvements to be constructed in accordance with such plans and specifications as it shall deem appropriate. The construction of said Improvements shall be under the supervision of an engineer to be selected by City (the Engineer). For the purpose of this Agreement, City may elect to enter into contracts for the construction of said Improvements as a part of any contract for a public improvement project entered into prior to the receipt of this instrument as authorized by Section 384.41(2) of the Code of Iowa. In consideration of the construction of said Improvements, the undersigned Property Owner hereby waive the public hearing on the adoption of the resolution of necessity and the mailing and publication of notice thereof, and all other legal formalities of whatsoever kind or character required by the laws of Iowa to be observed by cities in the construction of said Improvements where the expense of such Improvements is to be assessed against private property. The undersigned Property Owner hereby expressly waives each and every question of jurisdiction, the intention of the Property Owner being to authorize and direct said City to construct the Improvements without requiring any of the formalities or legal proceedings required of cities by the statutes of Iowa. It is further agreed that when said Improvements have been constructed in accordance with the plans and specifications that City may make assessments against the property of the undersigned Property Owner for the entire cost of the construction of said Improvements, including the cost of engineering, supervision, preparation of assessment schedule, and a ten percent Default and Deficiency Fund as authorized by Section 384.44, Code of Iowa, and that said assessments so made shall be a lien upon the property hereinafter described, and the undersigned Property Owner hereby agrees to pay the amount which is thus assessed against his property, and said assessment shall have the same legal force and effect as if all the legal formalities provided by law in such cases had been fully and faithfully performed and observed. The undersigned Property Owner hereby expressly waives every objection to said assessment, any limitation of the amount thereof as a percentage of valuation and any right to defer or postpone payment of the assessment. Said assessment shall be paid by the undersigned Property Owner within the time provided by statute for the payment of special assessments for such Improvements. The amount and proportion of the cost of the Improvements to be paid by the Property Owner shall be ascertained and determined by the Engineer and by it reported to the City Council which shall make such changes or alterations as it may require, and when said assessments are finally passed by the City Council and by it levied, they shall constitute the assessments against the property. Property Owner hereby authorizes the City Council to pass any Resolution requisite or necessary to order and secure said Improvements, to provide for the construction of the same and to make the assessments herein provided for, without further notice to said Property Owner, and any such Resolution may contain recitals that said Improvements are ordered or made by the City Council without petition of property owner, without in any way qualifying this petition or releasing the Property Owner from his obligation to pay the assessments levied against his property for the cost of said Improvements and to issue improvement bonds or other obligations payable out of said assessments. Property Owner warrants that its real estate described below is free and clear of all liens and encumbrances other than for ordinary taxes, except for such liens as are held by lienholders hereinafter listed and designated as signers of this Agreement (Lienholders), who by execution of this Agreement consent to the subordination of their lien to the special assessment liens herein described. Property Owner further agrees to subordinate the sale of any part of its listed property to the terms of this Agreement, and, upon failure to do so, to pay the full amount of the assessment on demand. Each Lienholder designated below, by execution of this Agreement, agrees and consents that its lien or liens shall be subordinated to the lien of the assessments levied pursuant hereto. Property Owner agrees that this Agreement shall be effective and binding from and after the approval hereof by resolution of the City Council. Dated this day of , 20 13 ATTEST: CITY OF DUBUQUE, IOWA Brad M. Cavanagh, Mayor By: Adrienne N. Breitfelder, CIVIC City Clerk 5/29/2024 Joseph Oswald 2982 Fox Hollow Dr Dubuque, IA 52001 Re: Sidewalk Removal and Replacement — Pickett Street Rehabilitation Project I, Joseph Oswald, agree and accept the not to exceed cost of $1,900.00 for sidewalk removal and replacement in conjunction with the Pickett Street Rehabilitation Project. J&5epA C . cl;-'toelidl Property Owner Name el- -3-2� Date Sidewalk Removal and Replacement (Not to Exceed) $ 1,900.00 Total Assessment $ SIGNATURE PAGE TO PETITION & WAIVER AGREEMENT Property Owner Joseph Oswald 533 Loras Blvd. Dubuque, IA 52001 Legal description of property to be assessed: PARCEL ID: 1024337007 E'/z OF LOT 5 YATES & PICKETTS The undersigned Property Owner and Lienholder agree to the terms of the attached Petition and Waiver Agreement and agree to be bound thereby. Joseph Oswald ostId By: Date: 6. - 3 - 2 Li WITNESS: .9e" M Date: WITNESS: PETITION AND WAIVER AGREEMENT THIS PETITION AND WAIVER AGREEMENT (Agreement) is made and entered into by and between the City of Dubuque, Iowa (City) and the undersigned property owner in said City ("Property Owner"). WITNESSETH: WHEREAS, City proposes to construct curb and gutter and street improvements (Improvements) in said City; and WHEREAS, the undersigned Property Owner desires that the Improvements be constructed to benefit their respective property and that special assessments be levied against his property as hereinafter described, the general description and location of said Improvements being as follows: A. Remove deteriorated sidewalk B. Install new curb and gutter at city expense C. Construct new sidewalk behind new curb and gutter WHEREAS, the property to be assessed is described on the attached signature pages to this Agreement: NOW, THEREFORE, BE IT AGREED AMONG THE PARTIES HERETO AS FOLLOWS: As soon as practicable City shall have the right to cause the above described Improvements to be constructed in accordance with such plans and specifications as it shall deem appropriate. The construction of said Improvements shall be under the supervision of an engineer to be selected by City (the Engineer). For the purpose of this Agreement, City may elect to enter into contracts for the construction of said Improvements as a part of any contract for a public improvement project entered into prior to the receipt of this instrument as authorized by Section 384.41(2) of the Code of Iowa. In consideration of the construction of said Improvements, the undersigned Property Owner hereby waive the public hearing on the adoption of the resolution of necessity and the mailing and publication of notice thereof, and all other legal formalities of whatsoever kind or character required by the laws of Iowa to be observed by cities in the construction of said Improvements where the expense of such Improvements is to be assessed against private property. The undersigned Property Owner hereby expressly waives each and every question of jurisdiction, the intention of the Property Owner being to authorize and direct said City to construct the Improvements without requiring any of the formalities or legal proceedings required of cities by the statutes of Iowa. It is further agreed that when said Improvements have been constructed in accordance with the plans and specifications that City may make assessments against the property of the undersigned Property Owner for the entire cost of the construction of said Improvements, including the cost of engineering, supervision, preparation of assessment schedule, and a ten percent Default and Deficiency Fund as authorized by Section 384.44, Code of Iowa, and that said assessments so made shall be a lien upon the property hereinafter described, and the undersigned Property Owner hereby agrees to pay the amount which is thus assessed against his property, and said assessment shall have the same legal force and effect as if all the legal formalities provided by law in such cases had been fully and faithfully performed and observed. The undersigned Property Owner hereby expressly waives every objection to said assessment, any limitation of the amount thereof as a percentage of valuation and any right to defer or postpone payment of the assessment. Said assessment shall be paid by the undersigned Property Owner within the time provided by statute for the payment of special assessments for such Improvements. The amount and proportion of the cost of the Improvements to be paid by the Property Owner shall be ascertained and determined by the Engineer and by it reported to the City Council which shall make such changes or alterations as it may require, and when said assessments are finally passed by the City Council and by it levied, they shall constitute the assessments against the property. Property Owner hereby authorizes the City Council to pass any Resolution requisite or necessary to order and secure said Improvements, to provide for the construction of the same and to make the assessments herein provided for, without further notice to said Property Owner, and any such Resolution may contain recitals that said Improvements are ordered or made by the City Council without petition of property owner, without in any way qualifying this petition or releasing the Property Owner from his obligation to pay the assessments levied against his property for the cost of said Improvements and to issue improvement bonds or other obligations payable out of said assessments. Property Owner warrants that its real estate described below is free and clear of all liens and encumbrances other than for ordinary taxes, except for such liens as are held by lienholders hereinafter listed and designated as signers of this Agreement (Lienholders), who by execution of this Agreement consent to the subordination of their lien to the special assessment liens herein described. Property Owner further agrees to subordinate the sale of any part of its listed property to the terms of this Agreement, and, upon failure to do so, to pay the full amount of the assessment on demand. Each Lienholder designated below, by execution of this Agreement, agrees and consents that its lien or liens shall be subordinated to the lien of the assessments levied pursuant hereto. Property Owner agrees that this Agreement shall be effective and binding from and after the approval hereof by resolution of the City Council. Dated this day of 120 ATTEST: By: CITY OF DUBUQUE, IOWA Brad M. Cavanagh, Mayor Adrienne N. Breitfelder, CIVIC City Clerk 6/3/2024 White Pickett Fences LLC 15192 Wood Wind Ct Peosta, IA 52068 Re: Sidewalk Removal and Replacement - Pickett Street Rehabilitation Project I, Whit Pickett Fences LLC, agree and accept the not to exceed cost of $950.00 for sidewalk removal and replacement in conjunction with the Pickett treet Reha ilitation Project. roperty Owner Nam i- Date Sidewalk Removal and Replacement (Not to Exceed) $ 950.00 Total Assessment $ 950.00 SIGNATURE PAGE TO PETITION & WAIVER AGREEMENT Property Owner: White Pickett Fences LLC 553 Loras Blvd. Dubuque, IA 52001 Legal description of property to be assessed: PARCEL ID: 1024337006 LOT 2-W'/2 OF LOT 5 YATES & PICKETTS The undersigned Property Owner and Lienholder agree to the terms of the attached Petition and Waiver Agreement and agree to be bound thereby. White Pic e #Fen es LL By: / Date:-6 WITNES 21 Date: WITNESS: PETITION AND WAIVER AGREEMENT THIS PETITION AND WAIVER AGREEMENT (Agreement) is made and entered into by and between the City of Dubuque, Iowa (City) and the undersigned property owner in said City ("Property Owner"). WITNESSETH: WHEREAS, City proposes to construct curb and gutter and street improvements (Improvements) in said City; and WHEREAS, the undersigned Property Owner desires that the Improvements be constructed to benefit their respective property and that special assessments be levied against his property as hereinafter described, the general description and location of said Improvements being as follows: A. Remove deteriorated sidewalk B. Install new curb and gutter at city expense C. Construct new sidewalk behind new curb and gutter WHEREAS, the property to be assessed is described on the attached signature pages to this Agreement: NOW, THEREFORE, BE IT AGREED AMONG THE PARTIES HERETO AS FOLLOWS: As soon as practicable City shall have the right to cause the above described Improvements to be constructed in accordance with such plans and specifications as it shall deem appropriate. The construction of said Improvements shall be under the supervision of an engineer to be selected by City (the Engineer). For the purpose of this Agreement, City may elect to enter into contracts for the construction of said Improvements as a part of any contract for a public improvement project entered into prior to the receipt of this instrument as authorized by Section 384.41(2) of the Code of Iowa. In consideration of the construction of said Improvements, the undersigned Property Owner hereby waive the public hearing on the adoption of the resolution of necessity and the mailing and publication of notice thereof, and all other legal formalities of whatsoever kind or character required by the laws of Iowa to be observed by cities in the construction of said Improvements where the expense of such Improvements is to be assessed against private property. The undersigned Property Owner hereby expressly waives each and every question of jurisdiction, the intention of the Property Owner being to authorize and direct said City to construct the Improvements without requiring any of the formalities or legal proceedings required of cities by the statutes of Iowa. It is further agreed that when said Improvements have been constructed in accordance with the plans and specifications that City may make assessments against the property of the undersigned Property Owner for the entire cost of the construction of said Improvements, including the cost of engineering, supervision, preparation of assessment schedule, and a ten percent Default and Deficiency Fund as authorized by Section 384.44, Code of Iowa, and that said assessments so made shall be a lien upon the property hereinafter described, and the undersigned Property Owner hereby agrees to pay the amount which is thus assessed against his property, and said assessment shall have the same legal force and effect as if all the legal formalities provided by law in such cases had been fully and faithfully performed and observed. The undersigned Property Owner hereby expressly waives every objection to said assessment, any limitation of the amount thereof as a percentage of valuation and any right to defer or postpone payment of the assessment. Said assessment shall be paid by the undersigned Property Owner within the time provided by statute for the payment of special assessments for such Improvements. The amount and proportion of the cost of the Improvements to be paid by the Property Owner shall be ascertained and determined by the Engineer and by it reported to the City Council which shall make such changes or alterations as it may require, and when said assessments are finally passed by the City Council and by it levied, they shall constitute the assessments against the property. Property Owner hereby authorizes the City Council to pass any Resolution requisite or necessary to order and secure said Improvements, to provide for the construction of the same and to make the assessments herein provided for, without further notice to said Property Owner, and any such Resolution may contain recitals that said Improvements are ordered or made by the City Council without petition of property owner, without in any way qualifying this petition or releasing the Property Owner from his obligation to pay the assessments levied against his property for the cost of said Improvements and to issue improvement bonds or other obligations payable out of said assessments. Property Owner warrants that its real estate described below is free and clear of all liens and encumbrances other than for ordinary taxes, except for such liens as are held by lienholders hereinafter listed and designated as signers of this Agreement (Lienholders), who by execution of this Agreement consent to the subordination of their lien to the special assessment liens herein described. Property Owner further agrees to subordinate the sale of any part of its listed property to the terms of this Agreement, and, upon failure to do so, to pay the full amount of the assessment on demand. Each Lienholder designated below, by execution of this Agreement, agrees and consents that its lien or liens shall be subordinated to the lien of the assessments levied pursuant hereto. Property Owner agrees that this Agreement shall be effective and binding from and after the approval hereof by resolution of the City Council. Dated this day of , 20 CITY OF DUBUQUE, IOWA Brad M. Cavanagh, Mayor ATTEST: By: Adrienne N. Breitfelder, CIVIC City Clerk 6/3/2024 White Pickett Fences LLC 15192 Wood Wind Ct Peosta, IA 52068 Re: Sidewalk Removal and Replacement — Pickett Street Rehabilitation Project I, White Pickett Fences LLC, agree and accept the not to exceed cost of $950.00 for sidewalk removal and replacement in conjunction with the Pickett treet Rehabilitation Project. Property Owner Name Date Sidewalk Removal and Replacement (Not to Exceed) $ 950.00 Total Assessment $ 950.00 SIGNATURE PAGE TO PETITION & WAIVER AGREEMENT Property Owner: White Pickett Fences LLC 561 Loras Blvd. Dubuque, IA 52001 Legal description of property to be assessed: PARCEL ID: 1024337005 LOT 1-W'/2 OF LOT 5 YATES & PICKETTS The undersigned Property Owner and Lienholder agree to the terms of the attached Petition and Waiver Agreement and agree to be bound thereby. White Picket encerL By: Date: Date: WITNESS: �� e WITNESS: