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5-18-2026 Council Meeting Signed Documents . DORSEY DORSEY♦WHITNEY LLP May 11, 2026 VIA EMAIL Jenny Larson Chief Financial Officer Dubuque,Iowa Re: Lead Service Line Replacement-Phase 2 Project Our File No. 430411-NEW Dear Jenny: We have prepared and attach the necessary proceedings to enable the City Council to act at the May 18, 2026, meeting to set a date, time and place for the hearing and letting for the Lead Service Line Replacement-Phase 2 Project. The materials attached include the following items: 1. Resolution setting the dates for the hearing and letting; approving the form of notice of hearing (the "Notice of Hearing") on proposed plans, specifications, proposed form of contract and estimated cost(the"Contract Documents") uments") set forth in Exhibit A; and approving the form of notice to bidders (the"Notice to Bidders") set forth in Exhibit B. 2. Attestation Certificate attesting to the validity of the transcript. 3. Publication Certificate covering publication of the Notice of Hearing, to which the publisher's affidavit of publication, together with a clipping of the notice as published, should be attached. The Notice of Hearing must be published at least once,not less than four(4) and not more than twenty(20) days prior to the date of the said hearing in a legal newspaper of general circulation in the City. The last date on which this notice can be effectively published is May 28, 2026. As soon as the notice appears in the newspaper,please email a copy to lemke.susan@dorsey.com. 4. Posting Certificates covering the posting of the Notice to Bidders in the three places designated by Section 26.3 of the Code of Iowa,to which an affidavit of posting,together with a proof of the Notice to Bidders as posted, should be attached. The Notice to Bidders must be posted in each of the following three places: (i) in a relevant contractor plan room service with a statewide circulation; (ii) in a relevant construction lead generating service with a statewide circulation; and (iii) on an internet site sponsored by either the City or a statewide association that represents the City(i.e. the Iowa League of Cities). 8otGrand Avenue I Su'ite4loo I Des Moines,IA I5o309-8002I T515.283mo°I dorsey.com • ( 9) HORSEY The Notice to Bidders must be posted not less than thirteen(13) and not more than forty-five (45) days prior to the date designated for receivingbids. The last date on which this notice can gbe effectively posted is June 12, 2026. The Notice to Bidders should be provided to the Construction Update Network by no later than June 11, 2026. It is our understanding that, in order to meet the requirement of items (i) and (ii) in the paragraph above,the'Project Engineers and/or the Engineering Technician will arrange for the Notice to Bidders to be posted on the Construction Update Network hosted by the Master Builders of Iowa. Further, it is our understanding that to comply with item (iii) in the paragraph above, the Project Engineers and/or the Engineering Technician will arrange for the Notice to Bidders to be posted on the City's website. Please return one fully executed copy of these proceedings to our office. If you have any questions,please contact Emily Hammond or me. Best regards, David D. Grossklaus John P. Danos Attachments cc: Eldon Schneider Christopher Lester Crenna Bramwell Adrienne Breitfelder Origin Design DORSEY&WHITNEY LLP Dubuque/430411-NEW/NHL(LSLR Phase 2) EXHIBIT A Form of Notice of Hearing NOTICE OF PUBLIC HEARING ON PROPOSED PLANS AND SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR THE LEAD SERVICE LINE REPLACEMENT—PHASE 2 PROJECT Notice Is Hereby Given: That on June 1, 2026, at 6:30 p.m., at the Historic Federal Building, 350 W. 6tt' St, Second Floor Council Chambers, Dubuque, Iowa, the City Council of the City of Dubuque, Iowa will hold a public hearing on the proposed plans and specifications, form of contract and estimate of cost(the "Contract Documents") for the proposed Lead Service Line Replacement - Phase 2 Project(the"Project"). The Project, which shall be constructed in various locations throughout Census Tract 5 in the City, generally consists of replacing approximately 210 lead service lines identified throughout the City's water distribution service area. Replacement scope varies by site from full replacement(main If to interior plumbing) to portions thereof, as indicated in the plans. The replacements will take place in City right-of-way and on private properties with authorizations provided by property owners. A copy of the proposed Contract Documents, including detailed information regarding the Project location,is on file for public inspection in the office of the City Clerk. At the hearing any interested person may file written objections or present oral comments with respect to the subject matter of-the hearing. Adrienne Breitfelder it City Clerk -4- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA Dubuque/430411-NEW/NHL(LELA Phase 2) EXHIBIT B Form of Notice to Bidders NOTICE TO BIDDERS SECTION 00120 CITY OF DUBUQUE PUBLIC IMPROVEMENT PROJECT LEAD SERVICE LINE REPLACEMENT— PHASE 2 li 120.1 Time and Place for Filing Sealed Proposals Sealed Bids for the work comprising each improvement as stated below must be filed before 2:00 p.m. on June 25, 2026, in the Office of the City Clerk, City Hall - First Floor, 50 West 13th Street, Dubuque, Iowa. 120.2 Time and Placed Sealed Proposals Will be Opened and Considered Sealed proposals will be opened and Bids tabulated at 2:00 p.m. on June 25, 2026, at City Hall - Conference Room A 50 West 13th Street, Dubuque, Iowa, for consideration by the City Council at its meeting at 6:30 p.m. on July 6, 2026, in the Historic Federal Building Council Chambers (and/or by virtual means), 350 West 6th Street, Dubuque, Iowa. The City of Dubuque, Iowa, reserves the right to reject any and all Bids. 120.3 Time for Commencement and Completion of Work Work on the Project must be commenced within ten (10) calendar days after the Notice to Proceed has been issued and shall be substantially completed by May 7, 2026, and final completion May 28, 2027. 120.4 Bid Security Each Bidder must accompany its Bid with a Bid security as security that the successful Bidder will enter into a contract for the work Bid upon and will furnish after the award of contract a corporate surety Bond, acceptable to the governmental entity, for the faithful performance of the contract, in an amount equal to one hundred percent of the amount of the contract. The Bid security must be in the amount of ten percent (10%) of the amount of the contract and must be in the form of a cashier's check or certified check drawn on a state-chartered or federally chartered bank, or a certified share draft drawn on a state-chartered or federally chartered credit union, or the Bidder may provide a Bid Bond with corporate surety satisfactory to the governmental entity. The Bid Bond must contain no conditions except as provided in this section. DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA Dubuque/430411-NEW/NHL(LSLR Phase 2) 120.5 Contract Documents The Contract Documents will be available on the City's website at www.cityofdubuque.orq/bids.aspx. No plan deposit is required. 120.6 Preference for Iowa Products and Labor By virtue of statutory authority, preference will be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully required under Iowa statutes. 120.7 Sales Tax The Bidder should not include State of Iowa sales tax in its Bid. A sales tax exemption certificate will be available for all material purchased in Iowa for incorporation into the Project. 120.8 General Nature of Public Improvement Project Lead Service Line Replacement— Phase 2 CIP # 4281000050 The extent of work involved consists of replacing approximately 210 lead service lines identified throughout the City's water distribution service area. Replacement scope varies by site from full replacement (main to interior plumbing) to portions thereof, as indicated in the plans. The replacements will take place in City right-of-way and on private properties with authorizations provided by property owners. Base Bid Estimated Total Cost = $3,320,000.00 120.9 Pre-Bid Construction Conference Each prospective bidder is encouraged to attend the Pre-Bid Construction Conference to be held at 1:00 PM on June 11, 2026, at City Hall, Conference Room A, 50 West 13th Street in Dubuque, Iowa. Attendance by all prospective bidders is not mandatory but highly recommended. 120.10 Title VI — Non-Discrimination Clause The City of Dubuque in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d-2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally assisted programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, national origin, sex, age, or disability in consideration for an award. DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA Dubuque/430411-NEW/NHL(LSLR Phase 2) 120.11 Funding Requirements This project has been awarded funds from the Iowa State Revolving Fund LSLR grant. Any bidder or equipment supplier whose firm or affiliate is listed on the U.S. General Services Administration Excluded Parties List System website will be prohibited from the bidding process. Anyone submitting a bid who is listed on this website will be determined to be a nonresponsive bidder. Contractors shall fully comply with the requirements, terms and j conditions of the Disadvantaged Business Enterprise (DBE) requirements. Builder America, Buy America (BABA provisions apply to this project. SRF Certification forms required to be signed and submitted with the Bid are included in the bid packet. Bipartisan Infrastructure Law (BIL) is also applicable in the LSLR grant. The SRF requirements are included in the Special Provisions section of the specifications. Davis-Bacon prevailing wage rates will apply to this Project and are included in the Special Provisions section of the specifications. 120.12 Notice to Bidders Distribution On the following date, May 22, 2026, this Notice was posted at the following locations: 1. Master Builders/Construction Update Network Website www.mbionline.com 2. The City of Dubuque Website. DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA Dubuque/430411-NEW/NHL(LSLR Phase 2) NOTICE TO BIDDERS POSTING CERTIFICATE — CONTRACTOR PLAN ROOM/LEAD GENERATING SERVICE: STATE OF IOWA COUNTY OF DUBUQUE SS: CITY OF DUBUQUE it I, the undersigned, City Clerk of the City of Dubuque, Iowa, do hereby certify that pursuant to the resolution of the City Council setting the date of the bid letting for the Lead Service Line Replacement-Phase 2 Project,the Notice to Bidders,of which the printed slip attached to the affidavit hereto attached is a true and complete copy,was posted on the date and in the relevant contractor plan room service/construction lead generating service specified in such affidavit, which contractor plan room service/construction lead generating service has a statewide circulation. WITNESS MY HAND this day of , 2026. City Clerk (Attach here the affidavit of posting of the Notice to Bidders from the contractor plan room service/construction lead generating service.) (PLEASE NOTE: Do not date and return this certificate until you have received the affidavit of posting from the contractor plan room service/construction lead generating service and have verified that the Notice to Bidders was posted on the date indicated in the affidavit, but please return all other completed pages to us as soon as they are available.) -10- li DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA Dubuque/430411-NEW/NHL(LSLR Phase 2) NOTICE TO BIDDERS POSTING CERTIFICATE—SPONSORED INTERNET SITE: STATE OF IOWA COUNTY OF DUBUQUE SS: CITY OF DUBUQUE I, the undersigned, City Clerk of the City of Dubuque, Iowa, do hereby certify that pursuant to the resolution of the City Council setting the date of the bid letting for the Lead Service Line Replacement - Phase 2 Project, the Notice to Bidders provided for therein was posted on the City's website on , 2026. WITNESS MY HAND this day of , 2026. City Clerk (Attach here a screenshot of the Notice to Bidders as posted on the City's website, showing the date of posting). -11- DORSEY&WHITNEY LLP,ATTORNEYS,DES MOINES,IOWA F � 1 5 "_ S Y �Si k - C U.S.DEPARTMENT OF TRANSPORTATION ""FIRST AMENDED AND RESTATED GRANT AGREEMENT UNDER THE FISCAL YEAR 2022 RAISE GRANT PROGRAM This agreement is between the United States Department of Transportation(the"USDOT") and the Iowa Department of Transportation(the "Recipient"). This agreement reflects the selection of the Recipient to receive a RAISE Grant for the Building Bridges to Elevate Employment project. If schedule A to this agreement identifies a Designated Subrecipient, that Designated Subrecipient is also a party to this agreement, and the parties want the Designated Subrecipient to carry out the project with the Recipient's assistance and oversight. The USDOT and Recipient executed a grant agreement on November 7,2023 ("the Original Grant Agreement"). The parties want to replace the Original Grant Agreement with this First Amended and Restated Grant Agreement. The parties therefore agree to amend and restate the grant agreement to read in its entirety as follows: ARTICLE 1 GENERAL TERMS AND CONDITIONS. 1.1 General Terms and Conditions. (a) In this agreement, "General Terms and Conditions" means the content of the document titled "General Terms and Conditions Under the Fiscal Year 2022 Rebuilding American Infrastructure with Sustainability and Equity(RAISE) Grant Program: FHWA Projects," dated November 4,2025, which is available at https://www.transportation.gov/BUILDgrants/grant-agreements. The General Terms and Conditions reference the information contained in the schedules to this agreement. The General Terms and Conditions are part of this agreement. (b) The Recipient states that it has knowledge of the General Terms and Conditions. i (c) The Recipient acknowledges that the General Terms and Conditions impose obligations on the Recipient and that the Recipient's non-compliance with the General Terms and Conditions may result in remedial action, terminating of the RAISE Grant, disallowing costs incurred for the Project, requiring the Recipient to refund to the USDOT the RAISE Grant, and reporting the non-compliance in the Federal-government-wide integrity and performance system. 1of16 ARTICLE 2 SPECIAL TERMS AND CONDITIONS. There are no special terms for this award. 2 of 16 SCHEDULE A ADMINISTRATIVE INFORMATION 1. Application. Application Title: Building Bridges to Elevate Employment "OR"Amended Title:Building Bridges to Elevate Employment Application Date: April 14, 2022 2. Recipient's Unique Entity Identifier. See section 23.3 of the General Terms and Conditions. 3. Recipient Contact(s). Jacob Page, P.E. Competitive Grant&Earmark Engineer Iowa Department of Transportation 800 Lincoln Way,Ames, IA 50010 515-233-7808 Jacob.Pagena,iowadot.us 4. Recipient Key Personnel. None. 5. USDOT Project Contact(s). Andrew Zimmerman P.E. Transportation Engineer FHWA Iowa Division 105 6th Street,Ames, IA 50010 515-233-7334 andrew.zimmerman(a,dot.gov 6. Payment System. USDOT Payment System: FMIS 7. Office for Subaward and Contract Authorization. USDOT Office for Subaward and Contract Authorization: FHWA Division 8. Federal Award Identification Number. See section 23.2 of the General Terms and Conditions. 3 of 16 9. Designated Subrecipient. Designated Subrecipient: City of Dubuque, Iowa Designated Subrecipient Project Contacts: Robert Schiesl, P.E. Assistant City Engineer City of Dubuque,Iowa City Hall, 50 W 13th Street, Dubuque, IA 52001 563-589-4270 bschiesl@cityofdubuque.org 4 of 16 SCHEDULE B PROJECT ACTIVITIES 1. General Project Description. This project will design and engineer a vehicular/pedestrian overpass at the 14th Street railroad grade crossing,with complete street enhancements for an approximate 3,044-foot section of the 16th Street corridor and an approximate 2,880-foot section of the Elm Street corridor, and a new pedestrian/bike shared-use path to the Kerper Boulevard Industrial Park and Chaplain Schmitt Island. 2. Statement of Work. • Preliminary Engineering • Comprehensive Public Engagement and Input Process • NEPA Studies and Document Preparation • Final Design Engineering • Full Construction Plans 5 of 16 SCHEDULE C AWARD DATES AND PROJECT SCHEDULE 1. Award Dates. Budget Period End Date: 12/31/2029 Period of Performance End Date: See section 4.5 of the General Terms and Conditions 2. Estimated Project Schedule. Milestone Schedule Date Planned Project Completion Date: 12/31/2028 3. Special Milestone Deadlines. None. 6 of 16 SCHEDULE D AWARD AND PROJECT FINANCIAL INFORMATION 1. Award Amount. RAISE Grant Amount: $2,280,000 2. Federal Obligation Information. Federal Obligation Type: Single 3. Approved Project Budget. Eligible Project Costs Total RAISE Funds: $ 2,280,000 Other Federal Funds: $ 0 Non-Federal Funds: $ 2,100,000 Total: $ 4,380,000 4. Cost Classification Table Reserved. 5. Approved Pre-award Costs On November 29,2022, Iowa Department of Transportation sent a written request to the FHWA Iowa Division for advance construction(23 U.S.C. 115) authorization to begin planning/preliminary engineering. Iowa Department of Transportation requested advance construction for$2,280,000 in RAISE Grant funds. The Division authorized advance construction on December 1, 2022. Activities under that authorization are approved pre-award costs under 2 CFR 200.458. 7 of 16 SCHEDULE E CHANGES FROM ORIGINAL GRANT AGREEMENT Scope:No change. Schedule: The planned project completion date of July 31, 2025 from the original grant agreement was based upon an assumed NEPA Classification of Categorical Exclusion. After review,it has been determined that an Environmental Assessment is the most likely outcome due to the potential adverse impacts to the historical district within the project limits. Due to this, the planned project completion deadline is being extended by 41 months (December 31, 2028). This roughly equates to the difference in five-year average of length of time between a Categorical Exclusion and Environmental Analysis. Additionally, through collaborative discussions with the Iowa DOT and Iowa FHWA staff, it was determined that the RAISE Planning Grant(RAIS-22- 0027-IA)project development schedule should be revised to align with the RAISE Capital Grant (RAIS-24-0034-IA). Original Grant Milestone Agreement Schedule C Planned Project Completion Date: 7/31/2025 12/31/2028 Budget:No changes Other:N/A. 8 of 16 CHANGES FROM APPLICATION Scope: None Schedule: Planned Project Completion Date moved from 6/30/2025 to 7/31/2025 to allow for additional time to complete the consultant procurement process through the Iowa DOT. Budget: None 9 of 16 OTHER: NONESCHEDULE F RAISE PROGRAM DESIGNATIONS 1. Urban or Rural Designation. Urban-Rural Designation: Rural 2. Capital or Planning Designation. Capital-Planning Designation: Planning 3. Historically Disadvantaged Community or Area of Persistent Poverty Designation. HDC or APP Designation: Yes 4. Funding Act. Funding Act: FY2022 it • 10 of 16 SCHEDULE G RAISE PERFORMANCE MEASUREMENT INFORMATION Reserved. 11 of 16 SCHEDULE H LABOR AND WORK 1. Efforts to Support Good-Paying Jobs and Strong Labor Standards The Recipient states that rows marked with"X" in the following table are accurate: The Recipient or a project partner promotes robust job creation by supporting X good-paying jobs directly related to the project with free and fair choice to join a union. (Describe robust job creation and identify the good-paying jobs in the supporting narrative below) The Recipient or a project partner will invest in high-quality workforce training j programs such as registered apprenticeship programs to recruit, train, and retain skilled workers, and implement policies such as targeted hiring preferences. (Describe the training programs in the supporting narrative below) The Recipient or a project partner will partner with high-quality workforce development programs with supportive services to help train, place, and retain workers in good-paying jobs or registered apprenticeships including through the use of local and economic hiring preferences, linkage agreements with workforce programs, and proactive plans to prevent harassment. (Describe the supportive services provided to trainees and employees,preferences, and policies in the supporting narrative below) The Recipient or a project partner will partner and engage with local unions or other worker-based organizations in the development and lifecycle of the project, including through evidence of project labor agreements and/or community benefit agreements. (Describe the partnership or engagement with unions and/or other worker-based organizations and agreements in the supporting narrative below.) The Recipient or a project partner will partner with communities or community groups to develop workforce strategies. (Describe the partnership and workforce strategies in the supporting narrative below) The Recipient or a project partner has taken other actions related to the Project to create good-paying jobs with the free and fair choice to join a union and incorporate strong labor standards. (Describe those actions in the supporting narrative below) The Recipient or a project partner has not yet taken actions related to the Project to create good-paying jobs with the free and fair choice to join a union and incorporate strong labor standards but, before beginning construction of the Project, will take relevant actions described in schedule B. (Ident(the relevant actions from schedule B in the supporting narrative below.) 12 of 16 The Recipient or a project partner has not taken actions related to the Project to improve good-paying jobs and strong labor standards and will not take those actions under this award. 2. Supporting Narrative. The Recipient or a project partner promotes robust job creation by supporting good-paying jobs directly related to the project with free and fair choice to join a union. The City of Dubuque is a longstanding member of the Dubuque Area Labor-Management Council(DALMC) which was established in 1988. The City, along with local business and labor leaders joined together to invest their time and resources in establishing DALMC,which was created to promote and maintain a constructive labor-management environment through workforce development, educational training,retention and new business attraction. DALMC provides a forum to improve and expand labor-management collaboration in the private and public sector within the tri-state area. The DALMC full plan can be reached at the following link: https://www.dalmc.eom/ This RAISE Planning Grant is for the preliminary design, final design, and preparing construction plans for a future bid capital project. The City is developing the Building Bridges to Elevate Employment(B2E2)project to include four(4) separate construction packages which will each bid separately through the Iowa DOT. The four(4) construction bid packages will provide the greatest opportunity for a larger number of local contractors to bid on the projects. In Iowa, workers have the right to bargain collectively through a labor union. Iowa's state code declares, "No person shall be deprived of the right to work at a chosen occupation because of membership, affiliation, withdrawal/expulsion, or refusal to join any labor union."All construction projects will be bid through the Iowa DOT and the lowest responsive, responsible bidder will be awarded the contract, and local contractors will have an opportunity to bid on the project US DOT investment will support efforts to create local employment opportunities, provide good-paying jobs, and grow Dubuque's and the regional economy. 13 of 16 RECIPIENT SIGNATURE PAGE The Recipient, intending to be legally bound, is signing this agreement on the date stated opposite that party's signature. IOWA DEPARTMENT OF TRANSPORTATION By: Date Signature of Recipient's Authorized Representative Jacob Page,P.E. Name Competitive Grant&Earmark Engineer Title 1 14 of 16 USDOT SIGNATURE PAGE The USDOT, intending to be legally bound, is signing this agreement on the date stated opposite that parry's signature. UNITED STATES DEPARTMENT OF TRANSPORTATION By: Date Signature of USDOT's Authorized Representative Timothy C. Marshall,P.E Name FHWA Iowa Division Administrator Title 16 of 16 • • 4 - 'I • tl r r "h Y. r i 3d Y DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE, IOWA AND RIVER CITY PROPERTY MANAGEMENT, LLC This Development Agreement (Agreement) dated for reference purposes the day of , 2026 is made and entered into by and between the City of Dubuque, Iowa (City), and River City Property Management, LLC (Developer). WHEREAS, Developer is the owner of the real estate locally known as 1255-1257 Locust Street, Dubuque, Iowa and legally described as follows (the Property): Lot 2 of City Lot 662, and Lot 2 of Boys and Girls Club Place, both in the City of Dubuque, Iowa, according to the recorded plats thereof ; and WHEREAS,the Property is located in the Greater Downtown Urban Renewal District (the District)which has been so designated by City Council Resolution 123-67, on May 18, 1967 as a slum and blighted area (the Project Area) defined by Iowa Code Chapter 403 (the Urban Renewal Law); and WHEREAS, Developer will undertake the redevelopment of a building(the Building) located on the Property(the Project)and will be operating the same during the term of this Agreement; and WHEREAS, it is in the City's best interest to preserve the Building; and WHEREAS, pursuant to Iowa Code Section 403.6(1), and in conformance with the Urban Renewal Plan for the Project Area adopted on May 18, 1967, and last amended on February 16, 2026, City has the authority to enter into contracts and agreements to implement the Urban Renewal Plan, as amended; and WHEREAS, the Dubuque City Council believes it is in the best interests of the City to encourage Developer in the development of the Property by providing certain incentives as set forth herein. NOW, THEREFORE,the parties to this Development Agreement, in consideration of the promises, covenants and agreements made by each other,do hereby agree as follows: F j SECTION 1. REPRESENTATIONS AND WARRANTIES 1.1 Representations and Warranties of City. In order to induce Developer to enter into this Agreement, City hereby represents and warrants to Developer that to the best of City's knowledge: (1) City has duly obtained all necessary approvals and consents for its execution, delivery and performance of this Agreement and that it has full power and authority to execute, deliver and perform its obligations under this Agreement. City's attorney shall issue a legal opinion to Developer at the time of closing confirming the representations contained herein, in the form attached hereto as Exhibit A. (2) City shall exercise its best efforts to cooperate with Developer in the development process. (3) City shall exercise its best efforts to resolve any disputes arising during the development process in a reasonable and prompt fashion. (4) The execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, and the fulfillment of or compliance with the terms and conditions of this Agreement are not prevented by, limited by, in conflict with, or result in a violation or breach of, the terms, conditions or provisions of the charter of City, any evidence of indebtedness, agreement or instrument of whatever nature to which City is now a party or by which it or its property is bound, or constitute a default under any of the foregoing. (5) There are no actions, suits or proceedings pending or threatened against or affecting City in any court or before any arbitrator or before or by any governmental body in which there is a reasonable possibility of an adverse decision which could materially adversely affect the financial position or operations of City, or which affects the validity of the Agreement or City's ability to perform its obligations under this Agreement. (6) No ordinance or hearing is now before any local governmental body that either contemplates or authorizes any public improvements or special tax levies,the cost of which may be assessed against the Property. To the best of City's knowledge, there are no plans or efforts by any government agency to widen, modify, or re-align any street or highway providing access to the Property and there are no pending or intended public improvements or special assessments affecting the Property which will result in any charge or lien be levied or assessed against the Property. 2 (7) The representations and warranties contained in this section shall be correct in all respects on and as of the Closing Date with the same force and effect as if such representations and warranties had been made on and as of the Closing Date. (8) As of the date of this Agreement there has been prepared and approved by City an Urban Renewal Plan for the Project Area consisting of the Urban Renewal Plan for the Greater Downtown Urban Renewal Plan, most recently approved by City Council of City on April 21, 2025, and as subsequently amended through and including the date hereof, attached as Exhibit E (the Urban Renewal Plan). A copy of the Urban Renewal Plan, as constituted on the date of this Agreement and in the form attached hereto, has been recorded among the land records in the office of the Recorder of Dubuque County, Iowa. 1.2 Representations and Warranties of Developer. The Developer makes the following representations and warranties: (1) Developer is a limited liability corporation duly organized and validly existing under the laws of the State of Iowa and has all requisite power and authority to own and operate its properties, to carry on its business as now conducted and as presently proposed to be conducted, and to enter into and perform its obligations under this Agreement. (2) This Agreement has been duly authorized, executed and delivered by Developer and, assuming due authorization, execution and delivery by City, is in full force and effect and is a valid and legally binding instrument of Developer enforceable in accordance with its terms, except as the same may be limited by bankruptcy, insolvency, reorganization or other laws relating to or affecting creditors' rights generally. Developer's counsel shall issue a legal opinion to City, at the time of closing, confirming the representations contained herein, in the form attached hereto as Exhibit B. (3) The execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, and the fulfillment of or compliance with the terms and conditions of this Agreement are not prevented by, limited by, in conflict with, or result in a violation or breach of, the terms, conditions or provisions of the articles of incorporation or the bylaws of Developer or any contractual restriction, evidence of indebtedness, agreement or instrument of whatever nature to which Developer is now a party or by which it or its property is bound, or constitute a default under any of the foregoing. 3 "`"(4) There are no actions, suits or proceedings pending or threatened against or affecting Developer in any court or before any arbitrator or before or by any °f'governmental body in which there is a reasonable possibility of an adverse decision which could materially adversely affect the business, financial position or result of operations of Developer or which affects the validity of the Agreement or Developer's ability to perform its obligations under this Agreement. (5) Developer will perform its obligations under this Agreement in accordance with the material terms of this Agreement, the Urban Renewal Plan and all local, state and federal laws and regulations. (6) Developer will use its best efforts to obtain, or cause to be obtained, in a timely manner, all material requirements of all applicable local, state, and federal laws and regulations which must be obtained or met. (7) Developer has firm commitments for permanent financing for the Project in an amount sufficient, together with equity commitments, to successfully complete the requirements of this Agreement and shall provide evidence thereof to City prior to the Public Hearing. 1.3 Closing. The closing shall take place on the Closing Date which shall be the 26th day of May, 2026, or other such date as the parties shall agree in writing but in no event shall the Closing date be later than the 9th day of June, 2026.Consummation of the closing shall be deemed an agreement of the parties to this Agreement that the conditions of closing shall have been satisfied or waived. 1.4 Conditions to Closing. The closing of the transaction contemplated by this Agreement and all the obligations of Developer under this Agreement are subject to fulfillment, on or before the Closing Date, of the following conditions: (1) The representations and warranties made by City in Section 1.1 shall be correct as of the Closing Date with the same force and effect as if such representations were made at such time. At the closing, City shall deliver a certificate to that effect in the form of Exhibit C. (2) Developer shall have the right to terminate this Agreement at any time prior to the consummation of the closing on the Closing Date if Developer determines in its sole discretion that conditions necessary for the successful completion of the Project contemplated herein have not been satisfied in Developer's sole discretion. Upon the giving notice of termination by Developer to City, this Agreement shall be deemed null and void. 4 (3) Developer and City shall be in material compliance with all the terms and v provisions of this Agreement. (4) Developer shall have furnished City with evidence, prior to the Public Hearing, in a form satisfactory to City(such as a letter of commitment from a bank or other lending institution), that Developer has firm financial commitments in an amount sufficient, together with equity commitments, to complete the Minimum Improvements (as defined herein) in conformance with the Construction Plans (as defined herein), or City shall have received such other evidence of Developer's financial ability as City in its reasonable judgment City requires. (5) Developer's counsel shall issue a legal opinion to City confirming the representations contained herein in the form attached hereto as Exhibit B. 1.5 City's Obligations at Closing. At or prior to the Closing Date, City shall deliver to Developer such other documents as may be required by this Agreement, all in a form satisfactory to Developer. SECTION 2. DEVELOPMENT ACTIVITIES 2.1 Required Minimum Improvements. Developer will make a capital investment of approximately Six Hundred Thousand Dollars ($600,000) to improve the Building (the Minimum Improvements). The Minimum Improvements include creating six (6) new residential units. 2.2 Plans for Construction of Minimum Improvements. Plans and specifications with respect to the development of the Property and the construction of the Minimum Improvements thereon (the Construction Plans)shall be in conformity with Urban Renewal Plan, this Agreement, and all applicable state and local laws and regulations, including but not limited to any covenants, conditions, restrictions, reservations, easements, liens and charges, recorded in the records of Dubuque County, Iowa. Developer shall submit to City, for approval by City, plans, drawings, specifications, and related documents with respect to the improvements to be constructed by Developer on the Property. All work with respect to the Minimum Improvements shall be in substantial conformity with the Construction Plans approved by City. 2.3 Timing of Improvements. Developer hereby agrees that construction of the Minimum Improvements on the Property shall begin by June 1, 2026, and shall be substantially completed by December 31, 2027. The time for the performance of these obligations shall be suspended due to unavoidable delays meaning delays, outside the control of the party 5 claiming its occurrence in good faith, which are the direct result of strikes, other labor troubles, unusual shortages of materials or labor, unusually severe or prolonged bad weather, acts of God, fire or other casualty to the Minimum Improvements, litigation commenced by third parties which, by injunction or other similar judicial action or by the exercise of reasonable discretion directly results in delays, or acts of any federal, state or local government which directly result in extraordinary delays. The time for performance of such obligations shall be extended only for the period of such delay. 2.4 Certificate of Completion. Promptly following the request of Developer upon completion of the Minimum Improvements, City shall furnish Developer with an appropriate instrument so certifying. Such certification (the Certificate of Completion) shall be in the form attached as Exhibit G and shall be a conclusive determination of the satisfaction of Developer's obligations to make the Minimum Improvements under this Agreement and completion of the Minimum Improvements by Developer as required by this Agreement. 2.5 Security Cameras. Developer shall install security cameras on the exterior of all buildings on the Property and register said cameras with the "Secure Dubuque Personal Surveillance System" described at https://cityofdubuque.orq/2980/Secure-Dubuque. SECTION 3. CITY PARTICIPATION 3.1 Economic Development Grants to Developer. For and in consideration of Developer's obligations hereunder, and in furtherance of the goals and objectives of the urban renewal plan for the Project Area and the Urban Renewal Law, City agrees, subject to Developer being and remaining in compliance with the terms of this Agreement, to make thirty (30)consecutive semi-annual payments (such payments being referred to collectively as the Economic Development Grants) to Developer: November 1, 2029 May 1, 2030 November 1, 2030 May 1, 2031 November 1, 2031 May 1 , 2032 November 1, 2032 May 1, 2033 November 1, 2033 May 1, 2034 November 1, 2034 May 1, 2035 November 1, 2035 May 1, 2036 November 1, 2036 May 1, 2037 November 1, 2037 May 1, 2038 November 1, 2038 May 1, 2039 November 1, 2039 May 1, 2040 November 1, 2040 May 1, 2041 6 November 1, 2041 May 1, 2042 November 1, 2042 May 1, 2043 November 1, 2043 May 1, 2044 pursuant to Iowa Code Section 403.9 of the Urban Renewal Law, in amounts equal to a portion of the tax increment revenues collected by City under Iowa Code Section 403.19 (without regard to any averaging that may otherwise be utilized under Iowa Code Section 403.19 and excluding any interest that may accrue thereon prior to payment to Developer) during the preceding six-month period in respect of the Minimum Improvements constructed by Developer(the Developer Tax Increments). For purposes of calculating the amount of the Economic Development Grants provided in this Section, the Developer Tax Increments shall be only those tax increment revenues collected by City in respect of the increase in the taxable value of the Property above the assessed value on January 1,2026 as follows: 1255 Locust Street (PIN 1024414005): Ninety-Two Thousand Two Hundred Dollars ($92,200) 1257 Locust Street (PIN 1024414010): Ninety-Nine Thousand Four Hundred Dollars ($99,400) (the Baseline Valuation). The Developer Tax Increments shall not include (I) any property taxes collected for the payment of bonds and interest of each taxing district, (ii) any taxes for the regular and voter-approved physical plant and equipment levy, (iii) the remaining actual amount of tax increment revenues collected by City in respect of the valuations of the Property prior to January 1, 2026 and (iv)any other portion required to be excluded by Iowa law, and thus such incremental taxes will not include all amounts paid by Developer as regular property taxes. 3.2 To fund the Economic Development Grants, City shall certify to the County prior to December 1, 2027 its request for the available Developer Tax Increments resulting from the assessments imposed by the County as of January 1 of that year and each year thereafter until and including January 1, 2045, to be collected by City as taxes are paid during the following fiscal year and which shall thereafter be disbursed to the Developer on November 1 and May 1 of that fiscal year. (Example: if City certifies in December, 2028,the Economic Development Grants in respect thereof would be paid to the Developer on November 1, 2029, and May 1, 2030.) 3.3 The Economic Development Grants shall be payable from and secured solely and only by the Developer Tax Increments paid to City that, upon receipt, shall be deposited and held in a special account created for such purpose and designated as the River City 7 TIF Account of City. City hereby covenants and agrees to maintain its TIF ordinance in force during the term hereof and to apply the incremental taxes collected in respect of the Minimum Improvements and allocated to the River City TIF Account to pay the Economic Development Grants, as and to the extent set forth in Section 3.1 hereof. The Economic Development Grants shall not be payable in any manner by other tax increments revenues, or by general taxation or from any other City funds. City makes no representation with respect to the amounts that may be paid to Developer as the Economic Development Grants in any one year and under no circumstances shall City in any manner be liable to Developer so long as City timely applies the Developer Tax Increments actually collected and held in the River City TIF Account(regardless of the amounts thereof)to the payment of the Economic Development Grants to Developer as and to the extent described in this Section. 3.4 City shall be free to use any and all tax increment revenues collected in respect of other properties within the Project Area and the remaining actual amount of the property taxes paid by Developer to City, or any available Developer Tax Increments resulting from the termination of the annual Economic Development Grants under Section 3.1 hereof,for any purpose for which such tax increment revenues may lawfully be used pursuant to the provisions of the Urban Renewal Law, and City shall have no obligations to Developer with respect to the use thereof. 3.5 Downtown Housing Incentive. (1) City agrees to provide to Developer on the terms and conditions set forth in the Downtown Housing Incentive Program attached hereto as Exhibit F, a grant in an amount not to exceed Sixty Thousand Dollars ($60,000.00) (the Grant). (2) Grant funds will not be disbursed to Developer until City has issued a Certificate of Completion for the Project. The Grant shall be paid in Ten Thousand Dollar ($10,000.00) payments for each apartment that receives a Certificate of Completion up to a maximum of six apartments. Prior to the disbursement of any funds, Developer shall provide evidence satisfactory to City that the Minimum Improvements have been completed in accordance with the Plans and other documentation submitted to City with the Downtown Housing Assistance application. 3.6. Downtown Rehabilitation Grant. City agrees to provide a matching (1:1) grant for each parcel as follows: 1255 Locust St (PIN 1024414005): City agrees to provide a matching (1:1) grant not to exceed Thirty-Five Thousand Dollars ($35,000) to reimburse Developer for documents costs related to the following eligible activities: 8 I (1) Planning &Design predevelopment costs,architectural and engineering fees and other authorized soft costs associated with the rehabilitation of the Development Property on the terms and conditions set forth by the State Historic Preservation Office, as set forth in Exhibit I. (2) Façade documented costs that improve the overall appearance of the Development Property, provided the Project meets the criteria of the Façade Grant Program and on the terms and conditions set forth by the State Historic Preservation Office, as set forth in Exhibit I. (3)Financial Consultant documented costs related to hiring a financial consultant to evaluate the Project's feasibility on the terms and conditions set forth in Exhibit I. 1257 Locust St (PIN 1024414010) City agrees to provide a matching (1:1) grant not to exceed Thirty-Five Thousand Dollars ($35,000) to reimburse Developer for documents costs related to the following eligible activities: (1)Planning &Design predevelopment costs, architectural and engineering fees and other authorized soft costs associated with the rehabilitation of the Development Property on the terms and conditions set forth by the State Historic Preservation Office, as set forth in Exhibit I. (2) Façade documented costs that improve the overall appearance of the Development Property, provided the Project meets the criteria of the Facade Grant Program and on the terms and conditions set forth by the State Historic Preservation Office, as set forth in Exhibit I. (3) Financial Consultant documented costs related to hiring a financial consultant to evaluate the Project's feasibility on the terms and conditions set forth in Exhibit I. 3.7. Payment of the Grant. The Grant shall be payable as follows: (1) Any and all portions of the Grant shall be funded solely and only from available Program funds; (2) Prior to the release of any grant funds, (I) Grant Recipient shall have submitted documentation of its eligible expenses under the corresponding grant program, and (ii) City shall have issued a Certificate of Completion; and (3) The Grant funds shall be disbursed directly to Grant Recipient. 9 SECTION 4. NON-APPROPRIATION / LIMITED SOURCE OF FUNDING. 4.1 Non-Appropriation. (1) Notwithstanding anything in this Agreement to the contrary, the obligation of City to pay any installment of the Economic Development Grants from the pledged tax increment revenues shall be an obligation limited to currently budgeted funds, and not a general obligation or other indebtedness of City or a pledge of its full faith and credit within the meaning of any constitutional or statutory debt limitation, and shall be subject in all respects to the right of non-appropriation by the City Council of City as provided in this Section. City may exercise its right of non-appropriation as to the amount of the installments to be paid during any fiscal year during the term of this Agreement without causing a termination of this Agreement. The right of non-appropriation shall be exercised only by resolution affirmatively declaring City's election to non-appropriate funds otherwise required to be paid in the next fiscal year under this Agreement. (2) In the event the City Council of City elects to not appropriate sufficient funds in the budget for any future fiscal year for the payment in full of the installments on the Economic Development Grants due and payable in that future fiscal year,then City shall have no further obligation to Employer or Developers for the payment of any installments due in that future fiscal year which cannot be paid with the funds then appropriated for that purpose. (3) Developer acknowledges and agrees that the State of Iowa retains the authority to amend, modify, or repeal laws governing property tax, tax increment financing (TIF), and any related rebate mechanisms.City makes no representations or warranties regarding the continuation of current state law or the availability of rebates in their present form. In the event that any legislative or regulatory action by the State of Iowa alters or limits the availability, calculation, distribution, or administration of rebates, City shall have no obligation to compensate Developer for any resulting reduction, loss, or elimination of rebates. Developer assumes all risk associated with potential changes to applicable state law. 4.2 The right of non-appropriation reserved to City in this Section is intended by the parties, and shall be construed at all times, so as to ensure that City's obligation to pay future installments on the Economic Development Grants shall not constitute a legal indebtedness of City within the meaning of any applicable constitutional or statutory debt limitation prior to the adoption of a budget which appropriates funds for the payment of that installment or amount. In the event that any of the provisions of this Agreement are 10 determined by a court of competent jurisdiction to create, or result in the creation of, such a legal indebtedness of City, the enforcement of the said provision shall be suspended, and the Agreement shall at all times be construed and applied in such a manner as will preserve the foregoing intent of the parties, and no event of default shall be deemed to have occurred as a result thereof. If any provision of this Agreement or the application thereof to any circumstance is so suspended, the suspension shall not affect other provisions of this Agreement which can be given effect without the suspended provision, and to this end the provisions of this Agreement are severable. SECTION 5. COVENANTS OF DEVELOPER 5.1 The Minimum Improvements shall conform to the U.S. Secretary of the Interior's Standards for Rehabilitation. 5.2. Operation of Property. (1) Housing Vouchers. For and in consideration of the Grant offered under this Agreement, during the operation of the Development Property as a rental residential property, as allowable by the Department of Housing and Urban Development, Developer shall accept, or cause to be accepted, applications from prospective tenants with housing vouchers issued under the U.S. HUD's Section 8 voucher program or a similar program who are otherwise qualified prospective tenants. Developer shall not deny any tenant a lease based on a public assistance source of income. A public assistance source of income means income and support derived from any tax supported federal, state or local funds, including, but not limited to, social security, supplemental security income, temporary assistance for needy families,family investment program,general relief,food stamps,and unemployment compensation, housing choice voucher subsidies and similar rent subsidy programs. This Section 5.2 shall survive the termination of this Agreement. If Developer or Developer's successors or assigns violates the requirements of this Section 5.2 as determined by the City Manager in the City Manager's sole discretion after the termination of this Agreement, Developer or Developer's successors or assigns shall not be eligible for any City financial assistance programs. (2) Short-Term Rental. For and in consideration of the Grant offered under this Agreement, during the operation of the Development Property as residential rental property and during the term of this Agreement, no residential rental unit shall be leased to any tenant for an initial term of fewer than thirty (30)days, and no portion of the Development Property may be used for short-term rental purposes. Developer agrees to include similar prohibitions regarding short-terms rentals in each lease agreement for each residential rental unit of the Development Property during the 11 term of this Agreement. Developer further agrees to include such prohibitions in each and every lease agreement for any residential rental unit of the Development Property for so long as any single residential rental unit of the Development Property remains subject to the terms and conditions of this Agreement. 5.3 Books and Records. During the term of this Agreement, Developer shall keep at all times and make available to City upon reasonable request proper books of record and account in which full, true and correct entries will be made of all dealings and transactions of or in relation to the business and affairs of Developer in accordance with generally accepted accounting principles consistently applied throughout the period involved, and Developer shall provide reasonable protection against loss or damage to such books of record and account. 5.4 Real Property Taxes. Developer shallpayor cause to be paid, when due, all real property taxes and assessments payable with respect to all and any parts of the Property unless Developer's obligations have been assumed by another person pursuant to the provisions of this Agreement. 5.5 No Other Exemptions. During the term of this Agreement, Developer agrees not to apply for any state or local property tax exemptions which are available with respect to the Property or the Minimum Improvements located thereon that may now be, or hereafter become, available under state law or city ordinance during the term of this Agreement, including those that arise under Iowa Code Chapters 404 and 427, as amended. 5.6 Insurance Requirements. (1) Upon completion of construction of the Minimum Improvements and up to the Termination Date, Developer shall maintain, or cause to be maintained, at its cost and expense property insurance against loss and/or damage to the Building (including the Minimum Improvements) under an insurance policy written with the "special perils" form and in an amount not less than the full insurable replacement cost of the Building (including the Minimum Improvements), listing City as lender loss payable. Developer shall furnish to City proof of insurance in the form of a certificate of insurance (2) The term "replacement cost" shall mean the actual replacement cost of the building with Minimum Improvements (excluding foundation and excavation costs and costs of underground flues, pipes, drains and other uninsurable items) and equipment, and shall be reasonably determined from time to time at the request of City, but not more frequently than once every three (3) years. 12 (3) Developer shall notify City immediately in the case of damage exceeding Fifty Thousand Dollars ($50,000) in amount to, or destruction of, the Minimum Improvements or any portion thereof resulting from fire or other casualty. Net proceeds of any such insurance(Net Proceeds), shall be paid directly to Developer as its interests may appear, and Developer shall forthwith repair, reconstruct and restore the Minimum Improvements to substantially the same or an improved condition or value as they existed prior to the event causing such damage and, to the extent necessary to accomplish such repair, reconstruction and restoration, Developer shall apply the Net Proceeds of any insurance relating to such damage received by Developer to the payment or reimbursement of the costs thereof, subject, however,to the terms of any mortgage encumbering title to the Property(as its interests may appear). Developer shall complete the repair, reconstruction and restoration of Minimum Improvements whether or not the Net Proceeds of insurance received by Developer for such purposes are sufficient. 5.7 Preservation of Property. During the term of this Agreement, Developer shall maintain, preserve and keep, or cause others to maintain, preserve and keep,the Minimum Improvements in good repair and working order,ordinary wear and tear accepted, and from time to time shall make all necessary repairs, replacements, renewals and additions. 5.8 Non-Discrimination. In carrying out the project, Developers shall not discriminate against any employee or applicant for employment because of age, color, familial status, gender identity, marital status, mental/physical disability, national origin, race, li religion/creed, sex, or sexual orientation. 5.9 Conflict of Interest. Developer agrees that no member, officer or employee of City, or its designees or agents, nor any consultant or member of the governing body of City, and no other public official of City who exercises or has exercised any functions or responsibilities with respect to the project during his or her tenure, or who is in a position to participate in a decision-making process or gain insider information with regard to the project, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the project, or in any activity, or benefit therefrom, which is part of this project at any time during or after such person's tenure. In connection with this obligation, Developer shall have the right to rely upon the representations of any party with whom it does business and shall not be obligated to perform any further examination into such party's background. 5.10 Non-Transferability. Until such time as the Minimum Improvements are complete(as certified by City under Section 2.4),this Agreement may not be assigned by Developer nor may the Property be transferred by Developer to another party. Thereafter, with the prior written consent of City,which shall not be unreasonably withheld, Developer shall have the 13 II right to assign this Agreement, and upon assumption of the Agreement by the assignee, Developer shall no longer be responsible for its obligations under this Agreement. 5.11 No change in Tax Classification. Developer agrees that it will not take any action to change, or otherwise allow, the classification of the Property for property tax purposes to become other than commercial property and to be taxed as such under Iowa law. This restriction shall terminate upon the termination of this Agreement. However, Developer may apply for a reclassification of the Property in the event Iowa law is modified to allow a building containing four apartments within one building to be classified as residential for property tax purposes. 5.12 Restrictions on Use. Developer agrees for itself, and its successors and assigns, and every successor in interest to the Property or any part thereof, for the duration of this Agreement, that they, and their respective successors and assigns, shall: (1) Devote the Property to, and only to and in accordance with, the uses specified in the Urban Renewal Plan (and City represents and agrees that use of the Property as a restaurant and upper-story housing, is in full compliance with the Urban Renewal Plan) (howeve r, Developer shall not have p any liability to City to the extent that a successor in interest shall breach this covenant and City shall seek enforcement of this covenant directly against the party in breach of same); and (2) Not discriminate upon the basis n p of race, religion, color, sex, sexual orientation, gender identity, national origin, age or disability in the sale, lease, rental, use or occupancy of the Property or any improvements erected or to be erected thereon, or any part thereof(however, Developer shall not have any liability to City to the extent that a successor in interest shall breach this covenant and City shall seek enforcement of this covenant directly against the party in breach of same). 5.13 Compliance with Laws. Developer shall comply with all laws, rules and regulations relating to its businesses, other than laws, rules and regulations the failure to comply with or the sanctions and penalties resulting therefrom,would not have a material adverse effect on the business, property, operations, financial or otherwise, of Developer. SECTION 6. EVENTS OF DEFAULT AND REMEDIES 6.1 Events of Default Defined. The following shall be Events of Default under this Agreement and the term Event of Default shall mean, whenever it is used in this Agreement, any one or more of the following events: 14 (1) Failure by Developer to pay or cause to be paid, before delinquency, all real property taxes assessed with respect to the Minimum Improvements and the Property. (2) Failure by Developer to cause the construction of the Minimum Improvements to be commenced and completed pursuant to the terms,conditions and limitations of this Agreement. (3) Transfer of any interest by Developer of the Minimum Improvements in violation of the provisions of this Agreement prior to the issuance of the final Certificate of Completion. (4) Failure by Developer or City to substantially observe or perform any other material covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement. 6.2. Remedies on Default by Developer. Whenever any Event of Default referred to in Section 5.1 of this Agreement occurs and is continuing, City, as specified below, may take any one or more of the following actions after the giving of written notice by City to Developer (and the holder of any mortgage encumbering any interest in the Property of which City has been notified of in writing) of the Event of Default, but only if the Event of Default has not been cured within sixty (60) days following such notice, or if the Event of Default cannot be cured within sixty(60)days and Developer does not provide assurances to City that the Event of Default will be cured as soon as reasonably possible thereafter: (1) City may suspend its performance under this Agreement until it receives assurances from the Developer deemed adequate by City, that the Developer will cure its default and continue its performance under this Agreement; (2) Until the Closing Date, City may cancel and rescind this Agreement; (3) Until issuance of the Certificate of Completion, City shall be entitled to recover from Developer the sum of all amounts expended by City in connection with the funding of the Downtown Rehab Loan/Grant and Economic Development Grant to Developer and City may take any action, including any legal action it deems necessary, to recover such amounts from the Developer; (4) City may withhold the Certificate of Completion; or (5) City may take any action, including legal, equitable or administrative action, which may appear necessary or desirable to collect any payments due under this 15 Agreement or to enforce performance and observance of any obligation,agreement, or covenant under this Agreement. 6.3 No Remedy Exclusive. No remedy herein conferred upon or reserved to City is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. 6.4 No Implied Waiver. In the event any agreement contained in this Agreement should be breached by any party and thereafter waived by any other party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other concurrent, previous or subsequent breach hereunder. 6.5 Agreement to Pay Attorneys' Fees and Expenses. If any action at law or in equity, including an action for declaratory relief or arbitration, is brought to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to recover reasonable attorneys'fees and costs of litigation from the other party. Such fees and costs of litigation may be set by the court in the trial of such action or by the arbitrator, as the case may be, or may be enforced in a separate action brought for that purpose. Such fees and costs of litigation shall be in addition to any other relief that may be awarded. 6.6 Remedies on Default by City. If City defaults in the performance of this Agreement, Developer may take any action, including legal, equitable or administrative action that may appear necessary or desirable to collect any payments due under this Agreement, to recover expenses of Developer, or to enforce performance and observance of any obligation,agreement, or covenant of City under this Agreement. Developer may suspend their performance under this Agreement until they receive assurances from City, deemed adequate by Developer, that City will cure its default and continue its performance under this Agreement. SECTION 7. GENERAL TERMS AND PROVISIONS 7.1 Notices and Demands. Whenever this Agreement requires or permits any notice or written request by one party to another, it shall be deemed to have been properly given if and when delivered in person or three(3) business days after having been deposited in any U.S. Postal Service and sent by registered or certified mail, postage prepaid,addressed as follows: 16 If to Developer: Sam Murley River City Property Management, LLC 14157 Deerfield Court Dubuque, Iowa 52003 With copy to: Clemens, Walters, Conlon, Runde, & Hiatt, LLP Attn: Jeffrey E. Hiatt 2080 Southpark Court Dubuque, IA 52003 If to City: City Manager 50 W. 13th Street Dubuque, Iowa 52001 Phone: (563) 589-4110 Fax: (563) 589-4149 With copy to: City Attorney City Hall 50 W. 13th Street Dubuque IA 52001 or at such other address with respect to either party as that party may, from time to time designate in writing and forward to the other as provided in this Section. 7.2 Binding Effect. This Agreement shall be binding upon and shall inure to the benefit of City and Developer and their respective successors and assigns. 7.3 Force Majeure. A party shall be excused from its obligations under this Agreement if and to the extent and during such time as the party is prevented, impeded, or hindered, unable to perform its obligations or is delayed in doing so due to events or conditions outside of the party's reasonable control and after the party has taken reasonable steps to avoid or mitigate such event or its consequences(each a"Force Majeure Event")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, failure of Internet, or other matter beyond the control of such party. Upon the occurrence of a Force Majeure Event, the party incurring such Force Majeure Event will promptly give notice to the other party identifying the Force Majeure Event, explaining how it impacts performance and the estimated duration, identifying the relief requested, agreeing to limit damages to the other party and to immediately resume performance upon termination of the Force Majeure Event, and agreeing to supplement the 17 notice as more information becomes available, and thereafter the parties shall meet and confer in good faith in order to identify a cure of the condition affecting its performance as expeditiously as possible. No obligation to make a payment required by this Agreement is excused by a Force Majeure Event. The nonperforming party shall not be entitled to any damages or additional payments of any kind for any such delay. 7.4 Termination Date. This Agreement and the rights and obligations of the parties hereunder shall terminate on December 31, 2044 (the Termination Date). 7.5 Execution by Facsimile. The parties agree that this Agreement may be transmitted between them by facsimile machine. The parties intend that the faxed signatures constitute original signatures and that a faxed Agreement containing the signatures(original or faxed) of all the parties is binding on the parties. 7.6 Memorandum of Development Agreement. Developer shall promptly record a Memorandum of Development Agreement in the form attached hereto as Exhibit D in the office of the Recorder of Dubuque County, Iowa. Developer shall pay the costs for so recording. 7.7 Legal Compliance. Developer is responsible for compliance with all applicable laws, statutes, rules, regulations, and ordinances which may apply to the performance of Developer's obligations under this Agreement, including but not limited to the laws outlined in Exhibit H, and hereby represents and warrants that Developer is in compliance with the same as of the Closing Date and further represents that during the Term Developer will remain in compliance. Developer shall require all contractors and subcontractors providing services under this Agreement shall also certify compliance with this Section. Developer further represents and warrants that Developer has obtained all necessary business permits and licenses that may be required to carry out the obligations pursuant to this Agreement, including any permits and licenses that might be required by the state or locality in which Developer performs the Services, and Developer agrees to maintain, at Developer's sole expense, such required permits and licenses for the duration of the term(s) of this Agreement. IN WITNESS WHEREOF, City has caused this Agreement to be duly executed in its name and behalf by its Mayor and attested to by its City Clerk and Developer has caused this Agreement to be duly executed on or as of the first above written. CITY OF DUBUQUE, IOWA RIVER CITY PROPERTY MANAGEMENT, LLC 18 LIST OF EXHIBITS EXHIBIT A City Attorney's Certificate EXHIBIT B Opinion of Developer's Counsel EXHIBIT C City Certificate EXHIBIT D Memorandum of Development Agreement EXHIBIT E Urban Renewal Plan EXHIBIT F Downtown Housing Incentive Program EXHIBIT G Certificate of Completion EXHIBIT H Legal Compliance EXHIBIT I Planning and Design Grant Program, Façade Grant Program, and Financial Consultant Grant Program II Ii 20 EXHIBIT A CITY ATTORNEY'S CERTIFICATE 21 Barry A.Lindahl,Esq. Dubuque Senior Counsel THE CITY OF ItardSuite 330,Harbor View Place DUB '11.1F 300 Main Street Dubuque,Iowa 52001-6944(563)583-4113 office (563)583-1040 fax 2007.2012.2013 balesq citvofdubuque.org Masterpiece on the Mississippi 2017*2019 (DATE) RE: Dear • I have acted as counsel for the City of Dubuque, Iowa, in connection with the execution and delivery of a certain Development Agreement between River City Property Management, LLC (Developer)and the City of Dubuque, Iowa (City)dated for reference purposes the day of , 20 The City has duly obtained all necessary approvals and consents for its execution, delivery and performance of this Agreement and has full power and authority to execute, deliver and perform its obligations under this Agreement, and to the best of my knowledge, the representations of the City Manager in his letter dated the day of ,20_, are correct. Very sincerely, Barry A. Lindahl, Esq. City Attorney BAL:JLM 22 EXHIBIT B OPINION OF DEVELOPER'S COUNSEL 23 Mayor and City Councilmembers City Hall 13th and Central Avenue Dubuque IA 52001 Re: Development Agreement Between the City of Dubuque, Iowa and Dear Mayor and City Councilmembers: We have acted as counsel for River City Property Management, LLC, in connection with the execution and delivery of a certain Development Agreement (Development Agreement) between Developer and the City of Dubuque, Iowa (City) dated for reference purposes the —day of , 20_. We have examined the original certified copy, or copies otherwise identified to our satisfaction as being true copies, of the Development Agreement and such other documents and records as we have deemed relevant and necessary as a basis for the opinions set forth herein. Based on the pertinent law, the foregoing examination and such other inquiries as we have deemed appropriate, we are of the opinion that: 1. Developer is a limited liability company organized and existing under the laws of the State of Iowa and has full power and authority to execute, deliver and perform in full the Development Agreement. The Development Agreement has been duly and validly authorized, executed and delivered by Developer and, assuming due authorization, execution and delivery by City, is in full force and effect and is a valid and legally binding instrument of Developer enforceable in accordance with its terms,except as the same may be limited by bankruptcy, insolvency, reorganization or other laws relating to or affecting creditors' rights generally. 2. To our actual knowledge with no duty to inquire, the execution, delivery and performance by Developer of the Development Agreement and the carrying out of the terms thereof, will not result in violation of any provision of, or in default under, the articles of incorporation and bylaws of Developer, any indenture, mortgage, deed of trust, indebtedness, agreement,judgment, decree, order, statute, rule, regulation or restriction to which Developer is a party or by which Developer's property is bound or subject. 3. To our actual knowledge with no duty to inquire, there are no actions,suits or proceedings pending or threatened against or affecting Developer in any court or before 24 any arbitrator or before or by any governmental body in which there is a reasonable possibility of an adverse decision which could materially adversely affect the business (present or prospective),financial position or results of operations of Developer or which in any manner raises any questions affecting the validity of the Agreement or the Developer's ability to perform Developer's obligations thereunder. This opinion is rendered for the sole benefit of the City of Dubuque and no other party may rely on this opinion. This opinion is rendered and valid as of the date of this letter and we have no duty to update this opinion for any matters which come to our knowledge after the date of this letter. Sincerely, 25 EXHIBIT C CITY CERTIFICATE 26 City Manager's Office Dubuque City Hall THE CITY OF braid50 West 13th Street *Merin CO Dubuque,Iowa 52001-4864 ljir ^l ! que.org iE 1 ' '.r 563)589-4149 fax 2007*2012.2013 Masterpiece on the Mississippi 2017*2019 (DATE) Dear I am the City Manager of the City of Dubuque, Iowa and have acted in that capacity in connection with the execution and delivery of a certain Development Agreement between River City Property Management, LLC (Developer) and the City of Dubuque, Iowa (City) dated for reference purposes the day of , 20 On behalf of the City of Dubuque, I hereby represent and warrant to Developer that: (1) City has duly obtained all necessary approvals and consents for its execution, delivery and performance of this Agreement and that it has full power and authority to execute, deliver and perform its obligations under this Agreement. City's attorney shall issue a legal opinion to Developer at time of closing confirming the representation contained herein, in the form attached hereto as Exhibit B. (2) City shall exercise its best efforts to cooperate with Developer in the development process. (3) City shall exercise its best efforts to resolve any disputes arising during the development process in a reasonable and prompt fashion. (4) The execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, and the fulfillment of or compliance with the terms and conditions of this Agreement are not prevented by, limited by, in conflict with, or result in a violation or breach of, the terms, conditions or provisions of the charter of City, any evidence of indebtedness, agreement or instrument of whatever nature to which City is now a party or by which it or its property is bound, or constitute a default under any of the foregoing. 27 (5) There are no actions, suits or proceedings pending or threatened against or affecting City in any court or before any arbitrator or before or by any governmental body in which there is a reasonable possibility of an adverse decision which could materially adversely affect the financial position or operations of City or which affects the validity of the Agreement or City's ability to perform its obligations under this Agreement. (6) No ordinance or hearing is now or before any local governmental body that either contemplates or authorizes any public improvements or special tax levies,the cost of which may be assessed against the Property. To the best of City's knowledge, there are no plans or efforts by any government agency to widen, modify,or re-align any street or highway providing access to the Property and there are no pending or intended public improvements or special assessments affecting the Property which will result in any charge or lien be levied or assessed against the Property. (7) The representations and warranties contained in this article shall be correct in all respects on and as of the Closing Date with the same force and effect as if such representations and warranties had been made on and as of the Closing Date. Sincerely, Michael C. Van Milligen City Manager MCVM:JLM 28 EXHIBIT D MEMORANDUM OF DEVELOPMENT AGREEMENT { 29 Prepared by: Barry A. Lindahl 300 Main Street Suite 330 Dubuque IA 52001 563 583-4113 Return to: Barry A. Lindahl 300 Main Street Suite 330 Dubuque IA 52001 563 583-4113 MEMORANDUM OF DEVELOPMENT AGREEMENT A Development Agreement by and among the City of Dubuque, Iowa, an Iowa municipal corporation, of Dubuque, Iowa, and River City Property Management, LLC was made regarding the following described premises: Lot 2 of City Lot 662, and Lot 2 of Boys and Girls Club Place, both in the City of Dubuque, Iowa, according to the recorded plats thereof The Development Agreement is dated for reference purposes the day of ,20_, and contains covenants, conditions, and restrictions concerning the sale and use of said premises. This Memorandum of Development Agreement is recorded for the purpose of constructive notice. In the event of any conflict between the provisions of this Memorandum and the Development Agreement itself, executed by the parties, the terms and provisions of the Development Agreement shall prevail. A complete counterpart of the Development Agreement, together with any amendments thereto, is in the possession of the City of Dubuque and may be examined at its offices as above provided. Dated this day of , 20 . CITY OF DUBUQUE, IOWA By Barry A. Lindahl, Senior Counsel 30 It STATE OF IOWA SS COUNTY OF DUBUQUE On this day of , 20_, before me, a Notary Public in and for the State of Iowa, in and for said county, personally appeared Barry A. Lindahi, Esq., to me personally known, who being by me duly sworn did say that he is the Senior Counsel of the City of Dubuque, a Municipal Corporation, created and existing under the laws of the State of Iowa, and said Senior Counsel acknowledged said instrument to be the free act and deed of said Municipal Corporation by it voluntarily executed. Notary Public, State of Iowa II II 31 EXHIBIT E URBAN RENEWAL PLAN (on file in City Clerk's office, 50 W. 13th Street, Dubuque, IA 52001) 1 1 i 32 ill EXHIBIT F DOWNTOWN HOUSING INCENTIVE PROGRAM 33 THE CITY OF Dubuque Economic Development Department kratri 50 West 13th Street Jyi3 ?iyI '/ Office(563)589-4393 I I TTY(563)690-6678 Masterpiece on the Mississippi 2007 2012 http://www.cityofdubuque.org 2013.2017 Downtown Housing Incentive Program Eligibility Guidelines Project Location & Type Create new multifamily housing units (rental or for-sale condos) within the Greater Downtown Urban Renewal District. Be a rehabilitation of an existing structure. Have clearly defined start and completion timelines. Eligible Unit Types Newly Created Units: Created in a portion of a structure never previously used as housing. Rehabilitated Long-Vacant Units: A previously existing housing unit vacant for more than 3 years and undergoing full rehabilitation that corrects all code deficiencies and deterioration. Rehabilitation Standards Bring the structure into full compliance with the 2021 IPMC and 2021 IBC. Correct all unsafe, unsanitary, damaged, or deteriorated conditions, including structural, electrical, mechanical, and plumbing systems. Repair or replace components that are defective or beyond service life; cosmetic-only improvements do not qualify. Meet all life-safety, egress, and habitability requirements. Use durable, long-term residential materials. Submit a comprehensive scope of work addressing all code corrections, subject to City approval. Building Configuration Units must generally be located above a first-floor commercial component. 34 Design Review Requirements Reimbursement covers labor and materials that significantly improve appearance following City of Dubuque Architectural Guidelines or Downtown Design Guidelines,as applicable. Existing noncompliant signage must be brought into compliance as part of the project. A detailed rendering/drawing with dimensions,materials, and architectural details must be submitted. Deviation from the approved plan may disqualify the project. Additional City Requirements City may require soundproofing, lighting, security, or other standards based on a neighborhood impact review. Property owners must certify that all properties they own in Dubuque comply with all applicable City ordinances. Funding Limits Up to $10,000 per residential unit. Up to $750,000 per taxing parcel. No developer fee may be paid until all City assistance is fully disbursed. Funds are disbursed after project completion and issuance of all Certificates of Occupancy/Completion. Minimum Project Size Projects must create at least 2 new housing units. Application Review Applications are reviewed when complete. Funds are awarded to projects that meet all criteria and are ready to commence within 12 months. 35 EXHIBIT G CERTIFICATE OF COMPLETION 36 CERTIFICATE OF COMPLETION WHEREAS, the City of Dubuque, Iowa, a municipal corporation (the"Grantor"), has granted incentives to River City Property Management, LLC(the"Grantee"), in accordance with a Development Agreement dated as of[Date] (the "Agreement"), by and among the Grantor, and the Grantee(collectively,the"Agreement"), certain real property located within the Greater Downtown Urban Renewal District of the Grantor and as more particularly described as follows: Lot 2 of City Lot 662, and Lot 2 of Boys and Girls Club Place, both in the City of Dubuque, Iowa, according to the recorded plats thereof (the "Development Property"); and WHEREAS, said Agreement incorporated and contained certain covenants and conditions with respect to the rehabilitation of the Development Property, and obligated the Gr antee to construct certain Minimum Improvements (as defined therein) in accordance with the Agreement; and WHEREAS, the Grantee has to the present date performed said covenants and conditions insofar as they relate to the construction of the Minimum Improvements in a manner deemed sufficient by the Grantor to permit the execution and recording of this certification; and NOW, THEREFORE, pursuant to Section 2.4 of the Agreement, this is to certify that all covenants and conditions of the Agreement with respect to the obligations of the Grantee, and its successors and assigns, to construct the Minimum Improvements on the Development Property have been completed and performed by the Grantee to the satisfaction of the Grantor and such covenants and conditions are hereby satisfied. The County Recorder of Dubuque County is hereby authorized to accept for recording and to record the filing of this instrument, to be a conclusive determination of the satisfaction of 37 the covenants and conditions as set forth in said Agreement, and that the Agreement shall otherwise remain in full force and effect. (SEAL) CITY OF DUBUQUE, IOWA By: Mike Van Milligen, City Manager STATE OF IOWA ) SS COUNTY OF DUBUQUE ) On this_day of , 20_, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared and acknowledged said execution of the instrument to be his/her voluntary act and deed. Notary Public in and for Dubuque County, Iowa 38 EXHIBIT H LEGAL COMPLIANCE 39 a) Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21; b) The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C.§4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); c) Federal-Aid Highway Act of 1973, (23 U.S.C.§324 et seq.), (prohibits discrimination on the basis of sex); d) Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; e) The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq), (prohibits discrimination on the basis of age); f) Airport and Airway Improvement Act of 1982, (49 U.S.C. §471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); g) The Civil Rights Restoration Act of 1987, (PL 100-209); (broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964 to include that entities that receive federal funding must comply with civil rights legislation, including the Civil Rights Act of 1964, the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973, in all operations, not just in the program or activity receiving federal funding); h) Titles II and III of the Americans with Disabilities Act,which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 - 12189) as implemented by Department of Transportation regulations at 49 C.F.R. Parts 37 and 38; i) The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); j) Section 1557of the Affordable Care Act (prohibits discrimination on the basis of national origin); 40 k Title IX of the Education Amendments of 1972, as amended (20 U.S.C. § 1681 et seq.) (prohibits discrimination because of sex in education programs or activities); • q Drug Abuse Office and Treatment Act of 1972, as amended (21 U.S.C. § 1101 et seq.); and m)Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, as amended (42 U.S.C. § 4541, et seq.). • • ''; 41 EXHIBIT I PLANNING AND DESIGN GRANT PROGRAM, FACADE GRANT PROGRAM, AND FINANCIAL CONSULTANT GRANT PROGRAM 42 Downtown Rehabilitation Grant Program PROGRAM GUIDELINES (2024) The Downtown Rehabilitation Grant Program is designed to further the goals and objectives of the Greater Downtown Urban Renewal Plan by creating the financial incentives needed to eliminate conditions of blight, encourage revitalization efforts and to retain or create employment opportunities and/or new housing units within the district. This program will address building code deficiencies as part of each approved project. Eligible Applicants: Owners of property within the Greater Downtown Urban Renewal District (map attached). Grant Award: The grant is a 1:1 matching grant up to a maximum of Thirty-Five Thousand Dollars ($35,000). Eligible Activities and Assistance: Fagade Costs—to provide assistance on labor or material costs for front (or occasionally other major) fagade renovations to restore a building's historic appearance or eliminate inappropriate additions or alterations to improve overall appearance. Financial Consultant Costs—to provide assistance on hiring a financial consultant used to analyze the feasibility of a project. Planning & Design Grant Program —to provide assistance on pre-development costs associated with a project. FOR MORE INFORMATION, please contact: City of Dubuque Economic Development Department 50 West 13th Street, Dubuque, Iowa 52001 (563) 589-4393 General Conditions: • Property must be located in Greater Downtown Urban Renewal District(see attached 43 map) and with timely commencement & completion dates identified. • Projects must be the rehabilitation of an existing structure. • Property must be classified for tax purposes as a commercial or multi-residential property. • All existing code deficiencies within a scope of a project must be corrected and new improvements must comply with all applicable codes and ordinances. • Owner of property must certify that all property in the City of Dubuque, for which the owner has any interest, complies with all applicable City of Dubuque ordinances and regulations, including, but not limited to, housing, building, zoning, fire, health, and vacant and abandoned building regulations. • Exterior alterations are subject to design review and approval. The Historic District Guidelines shall apply to projects located in Historic Preservation Districts. The Downtown Design Guidelines shall apply to all other project locations. Projects which conform to the applicable guidelines may be reviewed and approved by the City Planner. Projects that do not strictly conform to the applicable guidelines will be forwarded to the Historic Preservation Commission(HPC)for consideration.Substantial rehabilitation projects may also be considered by the HPC.The process for review is at the discretion of the City Planner. Guidelines can be viewed and downloaded at http://cityofdubuque.orq/1295/Desiqn-Guidelines. • Any signs on the property that do not comply with City zoning regulations and design guidelines must be included in the design review and improved to comply with applicable City Codes. Submittal must include the design materials and colors that will be used on the sign face, how the sign will be displayed, and any lighting proposed. • A detailed rendering/drawing of the proposed project must be included. The plans should include dimensions and architectural details and label materials. Plans prepared by a design professional (e.g. architect or draftsperson) are required. Applications without detailed drawings will not be considered complete. Only preliminary eligibility may be determined until professional drawings are submitted. • Applicant will not be reimbursed for personal labor costs or labor costs of family members, nor can these costs be counted in the total project costs. • Projects may not receive the maximum amount of each form of assistance more than once. • Deviation from an approved project plan shall disqualify the project from the program. • City funded projects may be required to meet sound proofing, lighting, security,or other standards —as determined by the City of Dubuque, in its sole discretion, following an internal neighborhood impact study—particularly when units are located in mixed-use neighborhoods. • Applications will be reviewed quarterly by the Economic Development and Planning department with funda awarded to projects that meet the program criteria and are ready to commence within three months. 44 FACADE INFORMATION This program provides funding in the Greater Downtown Urban Renewal District for front (or occasionally other major) facade renovation to restore the façade to its historic appearance or improve the overall appearance. This assistance is intended to address historically inappropriate exteriors. It is not intended to address normal building maintenance, Specific Conditions: • Reimbursement is for labor and material costs associated with façade improvements, including but not limited to, rehabilitating or improving windows, paint, signage, or awnings to significantly transform overall appearance. • Landscaping or screening with fencing or retaining walls may be a reimbursable expense if a determination is made that property is improved adjacent to public right-of-way. • In order to receive reimbursement for repointing, a mortar analysis sample may be requested for each façade that will be repointed. The applicant must adhere to the results of that analysis in their rehabilitation work as part of their approved project plan. The City may request verification that the new mortar matches the results of the mortar analysis. • Language from the National Park Service Technical Preservation Services Briefs may be attached as a condition for a building permit if the applicant chooses to perform repointing on the project. • Reimbursable expenditures must be documented. • Funding will be disbursed upon completion of work at a 1:1 match of qualified costs. Approval Process: 1. Design review by the City Planning Department and/or the Historical Preservation Commission is required for exterior work on the project. 2. Grant applications will be reviewed by City staff Review Committee and approved by the City Manager. 3. Funding will be disbursed upon staff review of documented expenditures and inspection of a completed project. 45 FINANCIAL CONSULTANT INFORMATION This program provides funding in the Greater Downtown Urban Renewal District for hiring a financial consultant to analyze the feasibility of projects. Specific Conditions: • Reimbursement is for fees associated with hiring a professional financial consultant (i.e. accountant, attorney, tax credit consultant) • Reimbursable expenditures must be documented. • This financial consultant funding shall not exceed ten percent (10%) of total project costs. • The rehabilitation project must be completed for the Financial Consultant costs to be reimbursed. • Funding will be disbursed upon completion of work at a 1:1 match of qualified costs. Approval Process: 1. Design review by the City Planning Department and/or the Historical Preservation Commission is required for exterior work on the project. 2. Grant applications will be reviewed by City staff Review Committee and approved by the City Manager. 3. Funding will be disbursed upon staff review of documented expenditures and inspection of a completed project. 46 • PLANNING & DESIGN INFORMATION This program provides funding in the Greater Downtown Urban Renewal District for hiring architects, engineers or other professional services used prior to construction. Grant Specific Conditions: • Reimbursement is for architectural and engineering fees, feasibility studies, environmental assessments or other related soft costs. • Reimbursable expenditures must be documented. • Owner/developer fees are not permitted as reimbursable expenditures. • The planning and design funding shall not exceed ten percent (10%) of total project costs. • Funding will be disbursed upon completion of the project at a 1:1 match of qualified costs. Approval Process: 1. Design review by the City Planning Department and/or the Historical Preservation Commission is required for exterior work on the project. 2. Grant applications will be reviewed by City staff Review Committee and approved by the City Manager. 3. Funding will be disbursed upon staff review of documented expenditures and inspection of a completed project. 47 4 `{ 4 fi r h 'x ?; • • 12 • i1 it RESOLUTION NO. 129-26 SETTING THE DATE FOR THE PUBLIC HEARING ON THE FISCAL YEAR 2026 BUDGET FOR THE CITY OF DUBUQUE Whereas, Iowa Code Section 384.16 provides that the City Council shall set a time and place for a public hearing on the Fiscal Year 2027 budget before the final budget certification date and shall publish notice before the hearing as provided in Iowa Code Section 384.16. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council shall conduct a public hearing on the proposed Fiscal Year 2027 budget for the City of Dubuque in the City Council Chambers on Tuesday, April 28, 2026, beginning at 6:30 p.m. Passed, approved and adopted this 20th day of April 2026. Brad M- avanagh, Mayor Attest: Trish L. Gleason, Assistant City Clerk II li t - r _ _ i } ^.l j - ii it Dubuque THE CITY OF DUB E 11' .2013 Masterpiece on the Mississippi 2 2 0 007 17*1•7 2 201919 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Approval of Plat of Survey of Lots 521A, 522A, 523A, and 524A of North Dubuque, in the City Of Dubuque, Iowa For Vacating Petition (Agreement Between City of Dubuque and Kellhoff Properties, LLC)— DATE: May 12, 2026 City Engineer Gus Psihoyos is recommending City Council approval of an agreement with Kellhoff Properties, L.L.C. (Kellhoff) related to the vacation and sale of certain alley right of ways adjacent to the property at 3860 Peru Road in Dubuque, Iowa. The City of Dubuque has entered into an agreement with Kellhoff for the sale of City owned alley right of way property to be used to help facilitate the development of six residential lots owned by Kellhoff at 3860 Peru Road. The property to be conveyed to Kellhoff includes all of the alley right of way lying between Peru Road, Toledo Street, Excelsior Street, and Walker Street. In working with Kellhoff, City staff has prepared an agreement for the vacation and sale of the alley right of way property described above. The agreed upon price for the vacation and sale of the 6,000 square feet alley right of way area is $8,790.00. Kellhoff will be responsible for all surveying/platting costs, publication and filing fees. The City will reserve a public utility easement over the entire alley right of way area to accommodate any existing and future utilities. The easement will prohibit construction of buildings or other structures. Kellhoff plans to use the vacated area to install utility connections, from the six residential lots to City utility mains on Peru Road, and to construct a driveway with appurtenances. The neighboring property owners have provided formal written consent for the vacation and have waived their right to purchase the portion of the alley adjacent to their property. I concur with the recommendation and respectfully request Mayor and City Council approval. /-:4/1/ Mic ael C. Van Milligen I Plat of Survey (Vacation) of: LOTS 521A, 522A, 523A 8c 524A OF NORTH DUBUQUE, in the City of Dubuque, Iowa FOR THE VACATION OF A 20' ALLEY BETWEEN TOLEDO ST. & WALKER ST, AND BETWEEN LOTS 521-526 & LOTS 527-532 OF NORTH DUBUQUE, IN THE CITY OF DUBUQUE, IOWA INDEX LEGEND Location: Lots 621A,522A,525A 8 524A of Nors Dubuque,In Re City of Dubuque.Iowa NW114 of Section 12.TON,R2E of the 516 P.M.,Dubuque County,Iowa Roque610r1 Luke Holfln&10 PREPARED BY: TERRY L.KOELKER,BUESINO&ASSOCIATES Proprietor of Vecelod 20'Alley:City Of Dubuque-50 West 131b St..Dubuque,Iowa 52001 1212 LOCUST STREET,DUBUQUE.IOWA Surveyor: Terry L.Kaelker-IlkoslkerLESEAoIng.egn NOTE Company:Bussing&Aesoelnlos,Inc. 1212 Locust St.,Dubuque.IA 52001 C563)556-0380 THIS SURVEY IS COMPRISED OF: A 20' ALLEY BETWEEN TOLEDO ST. & Return To:Homing and Aseo0etes,1212 Locust SI.Dubuque,IA52001 WALKER ST AND BETWEEN LOTS 521-526 &LOTS 527-532 OF NORTH DUBUQUE. IN THE CITY OF DUBUQUE, IOWA I, 10 I I L ROW 1 1 _ _ _ _ _ _ _ _ TOLEDO ST. (60' ROW) 1 Y= 3672079.0990 N 8720151'E N 8]'20'S1" E % = Sfi02M136.0219 _ _ _ _. 20.00(20') 99.720'0.00') ROW I \ LOT 527 w qL 2 W IO CITY OF DUBUQUE RESERVES A LOT 521 11 \ \ PUBLIC DUBUQUE EASEMENT OVER .2l b ,'°3, 1 THE ENTIRE VACATED MEA p I I I z �5.._ ,..J Z 14 I AREA CHART 1 S 8]'2z'3z"wLOT SQUARE FEET I 1 S 6]'22'32' W $ 99.96'000.00') O co 1 20.0o'(zD9 ti q g I 521A 1079 522A 999 1 1 A LOT 526 lip LOT 522 A g m• 1 523A 1001 • 1 S 0]'19'S9" W y 3 ,x II 524A 3000 -I 96.78'(96.85') S 8]Y9'69"W I -pI 8 671958" W I -99.97'000.001 _ P nTOTAL 6079 9Iz $ = 20.00Tso') g 2 15 - I 1 C Iof q LOT 529 1 LOT 523 A211$;% �P 8 "1p3 I 1 O S 8718'42°W J m AI 91.41'(91.34D o s m• rai Wa o 6 I LOTS 521A, 522A, 1 0 o s 8718142H W 9a.ae'(t09.D7) N S. 523A & 524A ARE ( f m 20.001(20') $ to Is. p • 1 <I N,Nr. Y LOT sea C I NON—BUILDING LOTS 8 V: C LOT 530 o pm (q o gIS� co 8. s 1 \ J• J S 8719145° W C Y- 3671875.3773 1 C • S 8719'451 W $ 100.00(10o.Oo') I X = 56132446.30149 1 86.051(68.031 m m D aLOT 525 1 I1 I 0 LOT 531 UY -' g o I0 I i g1 w 8g •$�= 8 im N£ g OTT OF DUBUQUE RESERVES A I g id1 J S O PUBLIC DEITY EASEMENT OVER I 11 III I LOT 532 s J THE ENTIRE VACATED AREA OI — LOT 525 — J — _ `t'IP — ROW S 8'19'5•W— — — — I 20.00'(209 1 I WALKER ST. ( 60' ROW) ____-.____ QUI II 5/6„ Dig S/°"ROD W/VELLOW £1 I RDDir — __ R0 it.C 5/6°ROD W/RED _ _ A�4n5 — —11CAP p12W1 ROW 1 1 _1)— I I LEGEND I S 1 • POUND 5/e'ROD W/PURPLE CAP 122021 0' 30' 60' 120' IC ) (UNLESS OTHERWISE NOTED) O PLACED 5/8•IRON RER°D IV/ORANGE SCALE: 1" = 60' PLASTIC L`AP MARKED KOEU(ER 15482' SURVEYED BOUNDARY LINE 1 PROPERTY UNE NOTES _ _ROW_ _ RIOME OF WAY(ROW)UNE I,ALL MEASUREMENTS ARE IN FEET AND DCCIMAIS THEREOF. — OUSTING CENTERLINE 2,TOTAL AREA GF PERIMETER SURVEYED IS 0,0I9 SQUARE FEET. IP IRON PIPE 3.1N15 PLAT IS SUBJECT TO ALL EASEMENTS OF SF0040 AND NOT OF RECORD. ( J RECORD DIMENSION q.BEAIRINC IS BASED FROM NAUA1,ZONE 1w401,IOWA� 1108S11l CNOROINAIE SYSTEM. t HEREBY CHIRFY THAT 1H15 LARD SURVI!tlRO DOCUMFNT WAS C7/.(SSOCIAIfo INC.V11`TIIL INVD 4ry4bii PREPARED AND T11E RELATED SURREY WORK WAS PERFORMED HV ME ' ' 4pe•°°°°••.S.GG OR UNDER MY DIKED SUPERNSION MD THAT I AM A DULY XIWJG HPd'A8 AND SVAVBYORS ? '•'PG4 H ND'SUR/�' R 1E LAWS DF yyRHE S/T(/TE OF)nIDWA IQII WfiuTT fiT,W6WUE',N c VWa° tEnRYL �O ERE '`A�/Ul/C� (6W)656-UW _ KO¢KFR DRAWN BY: JCH CHECKED CY: ILK "A2 TERRY L WELKER (OAIE) • 169W 3 a SURVEY DATE: 4/13/2026 PLOT DATE: 5/6/2026 TT'' LICENSE NUMBER 15487 4 °•O° MY LICENSE RENEWAL DALE IS OECEMDER 31,R02J OWO.NO.25069-01(VP) SCALE: I"••Kt WWi5pimpul SlllpOc` SHEET 1 OF 3 SHEETS COVERED BY 11115 SEAL: SHEETS 1&2 s y - I t r 1 Dubuque THE CITY OF kittri All-Au l DUB1EJE �� h�� 1III�r 2007.2012.2013 Masterpiece on the Mississippi 2017*2019 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Platting of City Propert (Consolidation). at the Northwest Corner of West 5th and Main Streets to be known as Lot 1A of Block 17 in Dubuque Downtown Plaza, in the City of Dubuque, Iowa Agreement Between City of Dubuque and Gronen_Development Inc. for the Mixed-use Building Project at the Corner of West 5th and Main Streets DATE: May 13, 2026 City Engineer Gus Psihoyos is recommending City Council approval of the Plat of Survey consolidating Block 17 in Dubuque Downtown Plaza and Lot 61B, both in the City of Dubuque, Iowa, to be hereinafter known as Lot 1A of Block 17 in Dubuque Downtown Plaza, in the City of Dubuque, Iowa, pursuant to a Development Agreement with Gronen Development, Inc. (Gronen) and be signed by the Mayor and City Clerk to consolidate two existing City owned lots. I concur with the recommendation and respectfully request Mayor and City Council approval. / L'ti I1/ a1WH Mic ael C. Van Milligen MCVM:sv Attachment cc: Crenna Brumwell, City Attorney Cori Burbach, Assistant City Manager Gus Psihoyos, City Engineer Nate Kieffer, CE III, PE/PLS • Index Legend I Location: Block 17 Dubuque Downtown Plaza In Cily of Dubuque Proprietor: Cily of Dubuque Requeslor: (Konen Restoration ' Surveyor Denial L Math(rlanmarllWorIgln.00m) Surveyor ORIGIN DESIGN CO.,137 MAIN STREET DUBUQUE, Company: IOWA 62001 PHONE(563)556-2464 FOR RECORDER USF • PLAT OF SURVEY (CONSOLIDATION PLAT) LOT 1A OF BLOCK 17 DUBUQUE DOWNTOWN PLAZA BEING BLOCK 17 DUBUQUE DOWNTOWN PLAZA AND LOT 61B IN CITY OF DUBUQUE,COUNTY OF DUBUQUE,IOWA / 1^ s s24°01'28"E 24.80' EXISTING / LOT28LOCK 13 • BUILDING / DUBUQUE DOWNTOWN • LINE Nfi692'Sfi'E 16.01' - 16429 PLAZA �, /N23°48'37'W 22.00' , \ c 8 \ 146g 9. 0 • • zN • LOT 618 \ LOT I BLOCK 13 $\ • \ DUBUQUE DOWNTOWN \ N23°49'36'W 22.00' PLAZA N06°32'56"E 15.00' BLOCK17 NNw �}1 ��"jz\ \\ DUBUQUE 1R, .tam "' PLAZA TB 2 N LOTIA N y BLOCK 17 2 AREA=2B,881 SOFT 1gpA1 / met .b8e0 \ 'Na 1-.0 N23°20'10'W 601' \ LEGEND \"'p�� — — PROPERTY BOUNDARY < • O EXISTING PROPERTY PO.B. \ �i 10 3 gU pOB POINT OF BEGINNING \ Q'�L R.O.W. RIGHT-OF-WAY Sgg 3G5 01)III FECORDED AS OUND 5/8"REBAR UNLESS OTHERWISE NOTED .,•I I IIIs,,. \N qR�'�� 1 • UNLESDS1OTHERwSE NOTED S o N' • NORTH \b2E• O FOUND S/8"REBAR WITH GRAPHIC SCALE PURPLE PLASTIC CAP NO.22021 /� / 0 50 100 PARCEL DESCRIPTION:LOT IA OF BLOCK 17 DUBUQUE DOWNTOWN PLAZA IN THE CITY OF DUBUQUE,DUBUQUE COUNTY,IOWA. • —�I♦ BEING BLOCK 17 DUBUQUE DOWNTOWN PLAZA AND LOT 6IB IN THE CITY OF DUBUQUE.MORE PARTICULARLY DESCRIBED AS: 1"=50' BEGINNING AT THE SOUTHEAST CORNER OF BLOCK 17 DUBUQUE DRAWING MAY HAVE BEEN REDUCED DOWNTOWN PLAZA;THENCE SOUTH 66"30'50'WEST ON THE NORTH RIGHT OF WAY LINE OF WEST 5TH STREET.113.90 FEET TO THE EAST RIGHT OF WAY LINE OF AN ALLEY;THENCE NORTH 23°49' 42'WEST CN SAID EAST RIGHT OE WAY LINE,262.25 FEET TO THE SOUTH RIGHT OF WAY LINE OF WEST 6TH STREET;THENCE NORTH SURVEYOR'S NOTES: OB°32'56"EAST ON THE SAID NORTH RIGHT OF WAY LINE,113.90 FEET TO THE WEST RIGHT OF WAY LINE OF MAIN STREET:THENCE 1. FIELDWORK WAS CONDUCTED ON 7-6-2025. SOUTH 23°48'37"EAST ON SAID WEST RIGHT OF WAY LINE,262.23 2. SURVEY WAS COMPLETED FOR ORONEN. FEET TO THE POINT OF BEGINNING. 3. BEARINGS ARE REFERENCED TO IOWA STATE PLANE NORTH, NAD83(2011) SAID PARCEL CONTAINS 29,881 SQUARE FEET MORE OF LESS AND 4. THIS SURVEY IS SUBJECT TO EASEMENTS,RESERVATIONS, IS SUBJECT TO EASEMENTS OF RECORD. RESTRICTIONS AND RIGHTS OF WAY OF RECORD AND NOT OF RECORD. 5. TOTAL AREA SURVEYED 1S 29,881 SOFT j • • `xx"5g10N�'{'�j Y/�° IM IDREBY CRIME THAT THE RELATED SURVEY THIS WAS PERFORMED RVEYING C12YEME OR UNDER MY NT WAS n origin .74{k' W"YQ: 51855 ORRUER THE LAWS O THE THAT OF A DULY LI O LAND ERECT PR UNDERN 1HE LAWS N STATE OF IOWA. des i g ne 3@ DANIEL L.MARTI girt FOR ORIGIN DESIGN Co. ZVI:a 22021 me ca,,s .Z met_. S/t/ L 800556-4491 odginde6lgmm�. 3o i°0'S t0L DRAWN DIM PUT NO. 20A26 w�� .a\ RANIEL L MAIIT DAIS CHECKED DLM 2tl1b SMV.rNO. 25002 si,�//�0/VJPI`�xp1\ LICENSE NO.22021 MY LICENSE RENEWAL DATE IS 12/31/2025 p12PW'MIMWUIG90URVEYeto52MATOP SURVEY ' PAGES OR SHEETS COVERED BY THIS SEAL 1-2 Page 2 of 2 SURVEYORS CERTIFICATE I,Daniel L Marti,a Duly Licensed Land Surveyor in the State of Iowa,do hereby certify that the following real estate was surveyed and platted by me or under my direct personal supervision,To Wit:Block 17 Dubuque Downtown Plaza in the City of Dubuque,and Lot 61 B in the City of Dubuque,County of Dubuque,Iowa. This survey was performed for the purpose of subdividing and platting said real estate henceforth to be known as Lot 1A of Block 17 Dubuque Downtown Plaza in the City of Dubuque,County of Dubuque,Iowa. Containing 29,881 square feet,more or less,and subject to easements,reservations,restrictions,and rights-of-way of record and not of record,the plat of which is attached hereto and made a part of this certificate. All monuments are placed or will be placed within one year from the date this plat is recorded. COUNTY AUDITOR Dubuque,Iowa ,2026 The foregoing plat of Lot 1A of Block 17 Dubuque Downtown Plaza in the City of Dubuque,County of Dubuque,Iowa,was entered of record in the office of the Dubuque County Auditor this day of ,2026. We approve of the subdivision name or title to be recorded. Keith Lucy County Auditor of Dubuque,Iowa CITY ASSESSOR Dubuque,Iowa ,2026 The foregoing plat of Lot 1A of Block 17 Dubuque Downtown Plaza in the City of Dubuque,County of Dubuque,Iowa,was entered of record in the office of the Dubuque City Assessor this day of ,2026. 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Koelker,a Duly Licensed Land Surveyor in the State of Iowa,do hereby certify that the following real estate was surveyed and platted by me or under my direct personal supervision,To Wit: LOT D OF SKY BLUE ESTATES#2, IN THE CITY OF DUBUQUE, DUBUQUE COUNTY,IOWA. This survey was performed for the purpose of subdividing and platting said real estate henceforth to be known as SKY BLUE ESTATES#3 IN THE CITY OF DUBUQUE, DUBUQUE COUNTY,IOWA. The Total area of SKY BLUE ESTATES#3 is 6.564 acres. All Lot areas are more or less and all Lots are subject to easements, reservations,restrictions,and rights-of-way of record and not of record,the plat of which is attached hereto and made a part of this certificate. 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 Land Surveyor under the laws of the State of Iowa. All monuments are placed or shall be placed within one year '... from the date this plat is recorded. f ' Terry L.Koelker Date Licensed Land Surveyor License No. 15487 License Renewal Date 12/31/27 • Sheet 5 of 7 Owner's Consent Dubuque, Iowa 2026 The foregoing Final Plat of:SKY BLUE ESTATES#3 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 Lot B and Lot C for Storm Water Detention Basin purposes,to the City of Dubuque, and Lot D(Golden Eagle Dr.)and Lot E(Baldwin Dr.)for street right of way and public utility purposes,and all easements,as stated and as shown,to the public. E.K.M.,LLC Richard J.Ehrlich,member State of Iowa I ) County of Dubuque ) ss: On this day of ,AD 2026,before me the undersigned,A Notary Public in and for the State of Iowa,personally appeared Richard J.Ehrlich,to me personally known, who,being duly sworn did say that said Richard J. Ehrlich is a member of E.K.M.,LLC,that no seal has been procured by said Corporation,that said Instrument was signed on behalf of said Corporation by authority of its Board of Directors, and that said Richard J. Ehrlich,acknowledged the execution of '. said instrument to be the voluntary act and deed of said Corporation by It and by him voluntarily executed. Witness my hand and Notarial Seal on the date above written. Notary Public in and for the State of Iowa Sheet 7 of 7 COUNTY AUDITOR Dubuque, Iowa ,2026 The foregoing Final Rat of:SKY BLUE ESTATES#3 was entered of record in the office of the Dubuque County Auditor this day of ,2026. We approve of the subdivision name or title to be recorded. County Auditor of Dubuque, Iowa City Assessor's Certificate Dubuque, Iowa ,2026 The foregoing Final Rat of:SKY BLUE ESTATES#3 was entered of record in the Office of the City Assessor of the City of Dubuque, Iowa,on the date first written above. City Assessor of the City of Dubuque, Iowa Recorder's Certificate Dubuque, Iowa ,2026 The foregoing Final Rat of:SKY BLUE ESTATES#3 has been reviewed by the Dubuque County Recorder. • Dubuque County Recorder � T ; j t y-a a S Y 5 �ry • . je it ! y _ d it e i$ 1n Y ' • l _t r z -:r.. - , - r. kr _ t s _ : 1 .4 ail f _ cc iRJ _ yyh I l- t }fl , X1 J4 y III i i i • r. �cx F n• I I �I I ill I < E 3T is • r7 l — l r} 1 Ra 3 ' ti . i T I i'I F • t ✓t 1 j4 `a` S r tl S:. tt x yC. i ) F i f _ f a ij L Si Ili m II I M ; 3t E t'i I i 05.E - o- ii r-=} l r, to ill f c' 2 1 r +Y } x. .- f - i i • • I • li i �I �I i i - :. t •' T < t h < III t 4 t S 1. 5v ' 2e t r*, ! f 3 � ; 4 I y T III it T n J tom: t 4F) 6 l y 5 1S_ j f t t y r his Al • i i Ncr. � _ it 1i r w. • • : f 3 t i V y , Y � i t ` R 1 5t Sa it • } . - I 1 t _s Y L' Y - 1 " t ? Ii