Pickett Street Rehabilitation Petition and Waiver AgreementsCity of Dubuque
City Council Meeting
Consent Items # 011.
Copyrighted
July 15, 2024
ITEM TITLE: Pickett Street Rehabilitation Petition and Waiver Agreements
SUMMARY: City Manager recommending City Council approval of petition and waiver
agreements with adjacent property owners for the Pickett Street
Rehabilitation Project.
SUGGESTED
DISPOSITION:
ATTACHMENTS:
Description
MVM Memo
Staff Memo
Resolution
525 Loras Assessment
533 Loras Assessment
553 Loras Assessment
561 Loras Assessment
RESOLUTION Approving the Petition and Waiver Agreements for the
Pickett Street Rehabilitation Project
Suggested Disposition: Receive and File; Adopt Resolution(s)
Type
City Manager Memo
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
Petition and Waiver Agreements
DATE: July 10, 2024
Dubuque
All -America City
IN
2007.2012.2013
2017*2019
City Engineer Gus Psihoyos is recommending City Council approval of petition and waiver
agreements with adjacent property owners for the Pickett Street Rehabilitation Project.
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) was signed by the impacted property owners agreeing to have
their properties assessed for 100% of their portion of the cost for sidewalk removal and
replacement.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Mic ael C. Van Milligen
MCVM:sv
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
Petition and Waiver Agreements
DATE: July 9, 2024
INTRODUCTION
Dubuque
AII•Ameriea Ci$
2007-2012.2013
2017*2019
The attached resolution authorizes the approval of petition and waiver agreements with
adjacent property owners 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 agreeing to have their properties
assessed for 100% of their portion of the cost for sidewalk removal and replacement.
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.
RECOMMENDATION
I recommend approving the petition and waiver agreements for the Pickett Street
Rehabilitation Project.
REQUESTED ACTION
I respectfully request that the City Council approve the petition and waiver agreements for
the Pickett Street Rehabilitation Project to be signed by the Mayor and City Clerk.
Attach.
Prepared by: Kerry Bradley
cc: Jon Dienst, Civil Engineer II
Bob Schiesl, Assistant City Engineer
Arielle Swift, Public Works Director
Pre areU by Kerry Bradlev GIN of Dubu u E In dnSOW 1^ OultuRge. IA 52001 27
Return to Adrienne N. Breffelder City CIeA Ciry M oub,pue, SOW. 17 St Dub,pue, IA 52001(563)5844100
RESOLUTION NO. 227.24
RESOLUTION APPROVING THE PETITION AND WAIVER AGREEMENTS 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 131r day of June 2024; and
Whereas, the City of Dubuque intends to construct public improvements that are
in the best Interest of the City on this street, which improvements shall be constructed at
such times in accordance with the petition and waiver agreements to be entered into with
the adjacent property owners; and
Whereas, the adjoining property owners have agreed to reimburse the City for said
improvements.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the City will make improvements to Pickett Street.
Section 2. That the petition and waiver agreements with the adjacent property
owners are hereby approved and the Mayor and City Clerk are hereby authorized and
directed to endorse the approval of the City of Dubuque, Iowa upon said agreements.
Passed, adopted, and approved this iSn day of July 2024.
rad Nan ag ,Mayor
Attest:
0 �a—
Trish L. Gleason, Assistant 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 auk 14 ,20
CITY OF DUBUQUE, IOWA
',.r,gh, Mayor
ATTEST:
By: —96S ?401�
Trish L. Gleason, Assistant 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 I- day of V u I k, , 20Q-q.
CITY OF DUBUQUE, IOWA
ATTEST:
By:
Trish L. Gleason, Assistant 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 Q "A 209.
CITY OF DUBUQUE, IOWA
ATTEST:
By: J
-Adhen
Trish L. Gleason, Assistant 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 I S day of �, it A( I i , 20�.
CITY OF • • n.
G47C
ATTEST:
By: 'C �7S�
Trish L. Gleason. Assistant 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: