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2024 SRF Green Alley Project - Voluntary Assessment Petition and Waiver AgreementsCity of Dubuque City Council .de]Z[+9=1zk9kI=1 II Copyrighted October 20, 2025 ITEM TITLE: 2024 SRF Green Alley Project - Voluntary Assessment Petition and Waiver Agreements SUMMARY: City Manager recommending City Council approve the Voluntary Assessment Petition and Waiver agreements for both High Performance Properties LLC / RoyalLine Rentals, LLC, and Hunter Lisk / Ronald Then related to the repair of private retaining walls which will be completed as part of the 2024 SRF Green Alley Project, through the adoption of the enclosed resolutions. RESOLUTION Approving Voluntary Assessment Petition And Waiver Agreements For The 2024 SRF Green Alley Project RESOLUTION Of Necessity For Voluntary Assessment Petition And Waiver Agreements For The 2024 SRF Green Alley Project SUGGUESTED Receive and File; Adopt Resolution(s) DISPOSITION: ATTACHMENTS: 1. MVM Memo 2. 2024 SRF Green Alley Voluntary Assessments - Wall Repair - Staff Memo 3. 2024 SRF Green Alley Voluntary Assessments - Wall Repair - Resolution of Assessments - Updated 10.17.25 4. 2024 SRF Green Alley Voluntary Assessments - Wall Repair - Resolution of Necessity 5. Voluntary Assessment Petition and Waiver - Lisk_Then - Signed 6. Voluntary Assessment Petition and Waiver - High Performance_RoyalLine - Signed Page 194 of 817 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: 2024 SRF Green Alley Project Voluntary Assessment Petition and Waiver Agreements Project No: 5581500018, 4281000045, 5581500020 DATE: October 16, 2025 Dubuque All -America City 'I I' �N 2007.2012.2013 2017*2019 City Engineer Gus Psihoyos is recommending City Council approve the Voluntary Assessment Petition and Waiver agreements for both High Performance Properties LLC / RoyalLine Rentals, LLC, and Hunter Lisk / Ronald Then related to the repair of private retaining walls which will be completed as part of the 2024 SRF Green Alley Project, through the adoption of the enclosed resolutions. This Project includes the reconstruction of three alleys in the downtown area. These alleys include the reconstruction of the alleys (2) between Iowa Street and Central Avenue from 15th to 17th streets. The third alley will be reconstructed between Central Avenue and White Street from 17th to 18th streets. During reconstruction of the alley between Iowa Street and Central Avenue from 16th to 17th it was discovered that two private retaining walls which are directly abutting the alley were failing and needed to be reconstructed. City staff reached out to the respective property owners and reviewed options for making the necessary wall repairs. Both property owners requested their respective private retaining walls be reconstructed as part of the Project, and both property owners have consented to voluntary assessments which will be added to each of their amended special assessments when the Project is completed and accepted by council. The properties that requested and agreed to the voluntary assessments are as follows: High Performance Properties LLC and RoyalLine Rentals, LLC • Address: 1638 Iowa Street Legally described as: South Middle 1/5 of Out Lot 453 in the City of Dubuque, Iowa Voluntary assessment amount: $44,000 Hunter Lisk and Ronald Then • Address: 1658 Iowa Street Page 195 of 817 Legally described as: South 49.655 feet of the Middle 1/5th of Out Lot 453 in the City of Dubuque, Iowa Voluntary assessment amount: $26,000 The reconstruction of the private retaining walls will be 100% assessable to the property owners. The City will upfront the cost of the private retaining walls and then assess the property owners the cost over 15 years at 3%. I concur with the recommendation and respectfully request Mayor and City Council approval. k�4 Mic ael C. Van Milligen f• [yV►VA WA Attachment cc: Crenna Brumwell, City Attorney Cori Burbach, Assistant City Manager Gus Psihoyos, City Engineer Jenny Larson, Chief Financial Officer Bob Schiesl, Assistant City Engineer I Page 196 of 817 THE C DUj!BFQtFE Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer RE: 2024 SRF Green Alley Project Voluntary Assessment Petition and Waiver Agreements Project No: 5581500018, 4281000045, 5581500020 DATE: October 16, 2025 INTRODUCTION Dubuque MI-AmeHn Clly .Wf11CMW1lT�k:lkl+At: 2007-2012.2013 2017*2019 The enclosed resolution provides for the establishment and approval of Voluntary Assessment Petition and Waiver Agreements for High Performance Properties LLC / RoyalLine Rentals, LLC, and Hunter Lisk / Ronald Then related to the 2024 SRF Green Alley Project. BACKGROUND On November 18, 2024, per resolution 385-24, the Mayor and City Council awarded the public improvement contract to McDermott Excavating of Dubuque, IA, for the 2024 SRF Green Alley Project (the Project). During the public hearing for the Project, the Mayor and City Council approved the Resolution of Necessity (resolution 352-24) and approved the preliminary schedule of assessments (resolution 352-24) for the Project. DISCUSSION This Project includes the reconstruction of three alleys in the downtown area. These alleys include the reconstruction of the alleys (2) between Iowa Street and Central Avenue from 151" to 17t" streets. The third alley will be reconstructed between Central Avenue and White Street from 17t" to 18t" streets. During reconstruction of the alley between Iowa Street and Central Avenue from 16t" to 17t" it was discovered that two private retaining walls which are directly abutting the alley were failing and needed to be reconstructed. City staff reached out to the respective property owners and reviewed options for making the necessary wall repairs. Both property owners requested their respective private retaining walls be reconstructed as part of the Project, and both property owners have consented to voluntary assessments which will be added to each of their amended special assessments when the Project is completed and accepted by council. The properties that requested and agreed to the voluntary assessments are as follows: Page 197 of 817 High Performance Properties LLC and RoyalLine Rentals, LLC • Address: 1638 Iowa Street • Legally described as: South Middle 1/5 of Out Lot 453 in the City of Dubuque, Iowa • Voluntary assessment amount: $44,000 Hunter Lisk and Ronald Then • Address: 1658 Iowa Street • Legally described as: South 49.655 feet of the Middle 1/5th of Out Lot 453 in the City of Dubuque, Iowa • Voluntary assessment amount: $26,000 Per the terms of the Petition and Waiver Agreement, the property owners agree to the following: Property Owner agree said retaining wall abutting alley is private, and upon completion of the project, the ownership, repair, and maintenance of said retaining wall will be the responsibility of the property owner. Property Owner agree said repair of private retaining wall abutting alley will be 100% assessable, with an estimated voluntary assessment cost. The final voluntary assessment amount for the wall repair will be based on actual final wall reconstruction cost. BUDGET IMPACT The reconstruction of the private retaining walls will be 100% assessable to the property owners. The City will upfront the cost of the private retaining walls using available General Fund contingency ($120,000) dollars allocated for the project and then assess the property owners the cost over 15 years at 3%. PROPERTY ASSESSMENTS The property owners can pay the final assessment balances in excess over $500 over a 15-year period with 3% interest. The property owners can pay their assessment balances to the City Engineer within the first 30 days after receiving the final notice of voluntary assessment to avoid interest charges. ACTION TO BE TAKEN I recommend the City Council approve the Voluntary Assessment Petition and Waiver agreements for both High Performance Properties LLC / RoyalLine Rentals, LLC, and Hunter Lisk / Ronald Then related to the repair of private retaining walls which will be completed as part of the 2024 SRF Green Alley Project, through the adoption of the enclosed resolutions. Attach. cc: Crenna Brumwell, City Attorney Jenny Larson, Finance and Budget Director Bob Schiesl, Assistant City Engineer I Page 198 of 817 Prepared by Kerry Bradley City of Dubuque 50 W. 13'h Street Dubuque IA 52001 (563) 589-4270 Return to Adrienne Breitfelder, City Clerk, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4100 RESOLUTION NO. 335-25 APPROVING VOLUNTARY ASSESSMENT PETITION AND WAIVER AGREEMENTS FOR THE 2024 SRF GREEN ALLEY PROJECT WHEREAS, High Performance Properties LLC and RoyalLine Rentals, LLC have requested and consented to a voluntary assessment to repair private retaining wall on their property which will be completed as part of the 2024 SRF Green Alley Project; and WHEREAS, Hunter Lisk and Ronald Then have requested and consented to a voluntary assessment to repair private retaining wall on their property which will be completed as part of the 2024 SRF Green Alley Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the attached Voluntary Assessments Petition and Waiver Agreements for the 2024 SRF Green Alley Project are hereby approved. Passed, approved and adopted this 20th day of October, 2025. rad_M,CZ_van'W, Mayor Attest: ('7�r�-"���n�� ��}�'�r✓�/,�%��t'-mot Adrienne N. Breitfelder, CIVIC City Clerk PETITION AND WAIVER AGREEMENT THIS PETITION AND WAIVER AGREEMENT (this "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, High Performance Properties L.L.C. ("Owner") is the contract purchaser of the following real estate in the City of Dubuque, Iowa: South Middle 1/5 of Out Lot 453 in the City of Dubuque, Iowa, according to the United States Commissioners' Map of the Town of Dubuque, Iowa, locally known as 1638 Iowa Street, Dubuque, Iowa (the "Property") pursuant to a Real Estate Contract -Installments, recorded May 31, 2029, as Instrument No. 2019-5485 in the records of Dubuque County, Iowa; and RoyalLine Rentals, LLC.is the Contract Seller of the Property; and WHEREAS, City proposes to construct certain alley repairs and improvements ("Improvements") in said City; and WHEREAS, the City Council has taken all the necessary steps for the Improvements and a preliminary assessment schedule for the alley repairs has been approved by the City Council; and WHEREAS, the undersigned Property Owner desires that the Improvements be constructed to benefit his 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: Alley repairs and repair of private retaining wall abutting alley WHEREAS, Contract Seller consents to this Petition and Waiver Agreement; and 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 and Contract Seller 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 and Contract Seller hereby expressly waive each and every question of jurisdiction, the intention of the Property Owner and Contract Seller 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 and Contract Seller 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 and Contract Seller hereby expressly waive 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 and Contract Seller hereby authorize 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 Contract Seller, 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 and Contract Seller warrant 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). Property Owner and Contract Seller agree said retaining wall abutting alley is private, and upon completion of the project, the ownership, repair, and maintenance of said retaining wall will be the responsibility of the property owner. Property Owner and Contract Seller agree that said repair of private retaining wall abutting alley will be 100% assessable, with an estimated cost of $44,000. Final voluntary assessment for the wall repair will be based on actual final wall reconstruction cost. Property Owner and Contract Seller agree that this Agreement shall be effective and binding from and after the approval hereof by resolution of the City Council. Dated this ,�('t^ day of ATTEST: nC Tr-) 6�!- , 2025. CITY OF DUBUQUE, IOWA f cB'rad M. Cava g+ . yor Adrienne N. Breitfelder, City Clerk SIGNATURE PAGE TO PETITION & WAIVER AGREEMENT Property Owner: High Performance Properties L.L.C. Legal description of property to be assessed: South Middle 1/5 of Out Lot 453 in the City of Dubuque, Iowa, according to the United States Commissioners' Map of the Town of Dubuque, Iowa, The undersigned Property Owner and Lienholder/Contract Seller, and Lienholders agree to the terms of the attached Petition and Waiver Agreement and agree to be bound thereby. High Perf rmance Properties L.L.C. By: Member (Signature) r)fo, Pre- Member (Print Name) Date: % "1 L20 RoyalLine Rentals, LC By: Member (Signature) 4At 0 j ow-C S Member (Print Name) Date: l b // y � S NOTARY PAGE TO PETITION & WAIVER AGREEMENT STATE OF IOWA SS COUNTY OF DUBUQUE This instrument was acknowledged before me on OJ6 b6?-Vl /(�, 2025, by Lj /�' I LI"' , Member, of High Performance Properties L.L.C. vMW ADLEYber 808090, 2026s STATE OF IOWA COUNTY OF DUBUQUE Notary Public, Oatof Iowa SS This instrument g as acknowled ed before me on y / 2025 , by A , ,,a vi ( W"� S , Member, of RoyalLine Rentals, LLC. ,�P.1%IA KERRY JO BRADLEY Z g Commission Number 808090 0 My Commission Expires •'owP December 26, 2026 Notary Public, at of Iowa PETITION AND WAIVER AGREEMENT THIS PETITION AND WAIVER AGREEMENT (this "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, Hunter Lisk ("Owner") is the contract purchaser of the following real estate in the City of Dubuque, Iowa: South 49.655 feet of the Middle 1/5t' of Out Lot 453 in the City of Dubuque, Iowa, and a right of way for a passageway over the Northerly 1.545 feet of said Middle 1/5th of Out Lot 453, according to the United States Commissioners Map thereof, (subject to a right of way for a passageway over the Northerly 1.545 feet of said 49.655 feet) locally known as 1658 Iowa Street, Dubuque, Iowa ("the Property") pursuant to a Real Estate Contract -Installments, dated April 22, 2022; and WHEREAS, Ronald R. Then, Trustee of the Ronald and Barbara Then Joint Revocable Trust dated August 22, 2019. are the contract sellers ("Contract Seller') of the Property; and WHEREAS, City proposes to construct certain alley repairs and improvements ("Improvements") in said City; and WHEREAS, the City Council has taken all the necessary steps for the Improvements and a preliminary assessment schedule for the alley repairs has been approved by the City Council; and WHEREAS, the undersigned Property Owner desires that the Improvements be constructed to benefit his 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: Alley repairs and repair of retaining wall abutting alley WHEREAS, Contract Seller consents to this Petition and Waiver Agreement; and 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 and Contract Seller 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 and Contract Seller hereby expressly waive each and every question of jurisdiction, the intention of the Property Owner and Contract Seller 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 and Contract Seller 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 and Contract Seller hereby expressly waive 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 and Contract Seller hereby authorize 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 Contract Seller, 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 and Contract Seller warrant 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 and Contract Seller agree said retaining wall abutting alley is private, and upon completion of the project, the ownership, repair, and maintenance of said retaining wall will be the responsibility of the property owner. Property Owner and Contract Seller agree that said repair of private retaining wall abutting alley will be 100% assessable, with an estimated cost of $26,000. Final voluntary assessment for the wall repair will be based on actual final wall reconstruction cost. Property Owner and Contract Seller agree that this Agreement shall be effective and binding from and after the approval hereof by resolution of the City Council. r rh .� Dated this day of 0C.o.�Jr� , 2025. CITY OF DUBUQUE, IOWA By: Brad M. Cava , Mayor ATTEST: By: Cz-k�� � > Adrienne N. Breitfelder, City Clerk SIGNATURE PAGE TO PETITION & WAIVER AGREEMENT Property Owner: Hunter Lisk Legal description of property to be assessed: South 49.655 feet of the Middle 1/5th of Out Lot 453 in the City of Dubuque, Iowa, and a right of way for a passageway over the Northerly 1.545 feet of said Middle 1 /5t" of Out Lot 453, according to the United States Commissioners Map thereof, (subject to a right of way for a passageway over the Northerly 1.545 feet of said 49.655 feet) The undersigned Property Owner and Lienholder: Contract Seller agree to the terms of the attached Petition and Waiver Agreement and agree to be bound thereby. 'W"'/ /J Hunter Lisk Date:1� 12� Lienholder: Contract Seller Ronald R. Then, Trustee of the Ronald and Barbara Then Joint Revocable Trust dated August 22, 2019. Ronald R. Then, Trustee Date: I D//I S /� S` NOTARY PAGE TO PETITION & WAIVER AGREEMENT STATE OF IOWA SS COUNTY OF DUBUQUE ) This instrument was acknowledged before me on 2025, by Ronald R. Then, as Trustee of the Ronald and Barbara then Joint Revocable Trust dated August 22, 2019, and any amendments thereto. -PRE <s KERRY JO BRADLEY o" Commission Number 808090 My Commission Expires �OWP December 26, 2026 Notary Publu #te of Iowa STATE OF IOWA ) SS COUNTY OF DUBUQUE ) This record was acknowledged before me on OLbbe V, r r 4 2025, by Hunter Lisk. oPR�A�s KERRY 10 BRADLEY 1 _�" Commission Number 808090 'n My Commission Expires . �owP December 26, 2026 I Notary Public, S to f Iowa Prepared by Kerry Bradley City of Dubuque 50 W. 13th Street Dubuque IA 52001 (563) 589-4270 Return to Adrienne Breitfelder, City Clerk, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563) 589-4100 RESOLUTION NO. 336-25 RESOLUTION OF NECESSITY FOR VOLUNTARY ASSESSMENT PETITION AND WAIVER AGREEMENTS FOR THE 2024 SRF GREEN ALLEY PROJECT WHEREAS, Voluntary Assessment Petition and Waiver Agreements for High Performance Properties LLC / RoyalLine Rentals, LLC, and Hunter Lisk / Ronald Then for the 2024 SRF Green Alley Project have been duly prepared and approved by the City Council of the City of Dubuque and ordered placed on file in the office of City Clerk. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The 2024 SRF Green Alley Project will provide: The properties that requested and agreed to the voluntary assessments are as follows: High Performance Properties LLC and RoyalLine Rentals, LLC • Address: 1638 Iowa Street • Legally described as: South Middle 1/5 of Out Lot 453 in the City of Dubuque, Iowa • Voluntary assessment amount: $44,000 Hunter Lisk and Ronald Then • Address: 1658 Iowa Street • Legally described as: South 49.655 feet of the Middle 1 /5th of Out Lot 453 in the City of Dubuque, Iowa • Voluntary assessment amount: $26,000 That the City Council deems it advisable and necessary for the public welfare to make the herein mentioned improvements. Said improvements shall be constructed in accordance with the plans and specifications which have been approved by the City Council and are now on file in the Office of the City Clerk. The cost of making such improvement will be assessed against property lying with the assessment limits. The above resolution was introduced, approved and ordered placed on file with the City Clerk this 20th day of October, 2025. Attest: Brad M_Qo4nagh, Mayor Adrienne N. Breitfelder; CMC, City Clerk