Pre-annexation Agreement — LRS Development, LLCCity of Dubuque
City Council
CONSENT ITEMS # 5.
Copyrighted
July 20, 2026
ITEM TITLE: Pre -annexation Agreement — LRS Development, LLC
SUMMARY: City Manager recommending City Council approval of a pre -
annexation agreement with LRS Development, LLC, property
owners, of Lot 1 of the SE 1/4 of the SW 1/4 of Section 3 and
Lot 2 of Lot 1 of the NE 1/4 of the SW'/4 of Section 3 in
Wildflower Ridge Subdivision in Dubuque Township,
Dubuque County, Iowa, according to the recorded plat
thereof and authorize the Mayor to sign the agreement on
behalf of the City of Dubuque.
RESOLUTION Approving a Pre -Annexation Agreement
between the City of Dubuque, Iowa and LRS Development,
LLC
SUGGUESTED Receive and File; Adopt Resolution(s)
DISPOSITION:
ATTACHMENTS:
1. MVM Memo Pre -annexation Agreement — LRS Development, LLC
2. Staff Memo
3. Resolution
4. Pre -Annexation Agreement - LRS Development LLC
5. Vicinity Map
Page 156 of 1061
THE CITY OF
DUB E-E
Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Pre -annexation Agreement — LRS Development, LLC
DATE: July 14, 2026
Dubuque
All -America Ciq
IIIr
II
2007.2012.2013
2017*2019
Planning Services Director Wally Wernimont is recommending City Council approval, of
a pre -annexation agreement with LRS Development, LLC, property owners, of Lot 1 of
the SE 1/4 of the SW 1/4 of Section 3 and Lot 2 of Lot 1 of the NE 1/4 of the SW 114 of
Section 3 in Wildflower Ridge Subdivision in Dubuque Township, Dubuque County,
Iowa, according to the recorded plat thereof and authorize the Mayor to sign the
agreement on behalf of the City of Dubuque.
As part of memorandums of understanding by and between the City of Dubuque, Iowa
and property owners in this area, the City of Dubuque has extended water service to
Wildflower Ridge Subdivision, Wildflower Ridge Subdivision #2, and Wildflower Ridge
Subdivision #3 located outside the City limits. These subdivisions are along Kennedy
Road north of the existing city of Dubuque corporate limits. As part of connecting to the
City's water system, a pre -annexation agreement must be signed to receive the water at
standard City rates. Without the pre -annexation agreement, the property owners would
have to pay one and a half times the standard City rates.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
k�4 S4-zn,�
Mic ael C. Van Milligen
MCVM:sv
Attachment
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Wally Wernimont, Planning Services Director
Gus Psihoyos, City Engineer
Christopher Lester, Water Department Director
Eldon Schneider, Water Project Supervisor
Chris Vallee, Utility Billing Supervisor
Page 157 of 1061
THE CF
D2U;B E
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: Wally Wernimont, Planning Services Director+`
SUBJECT: Pre -annexation Agreement— LRS Development, LLC
DATE: June 18, 2026
Dubuque
ill Alma my
I I 111
2007-2012.2013
2017+2019
This memo transmits for City Council review and approval, a pre -annexation agreement
with LRS Development, LLC, property owners, of Lot 1 of the SE 1 /4 of the SW 1 /4 of
Section 3 and Lot 2 of Lot 1 of the NE 1/4 of the SW '/4 of Section 3 in Wildflower Ridge
Subdivision in Dubuque Township, Dubuque County, Iowa, according to the recorded
plat thereof. The agreement, resolution and related materials are attached.
DISCUSSION
As part of memorandums of understanding by and between the City of Dubuque, Iowa
and property owners in this area, the City of Dubuque has extended water service to
Wildflower Ridge Subdivision, Wildflower Ridge Subdivision #2, and Wildflower Ridge
Subdivision #3 located outside the City limits. These subdivisions are along Kennedy
Road north of the existing city of Dubuque corporate limits. As part of connecting to the
City's water system, a pre -annexation agreement must be signed to receive the water at
standard City rates. Without the pre -annexation agreement, the property owners would
have to pay one and a half times the standard City rates.
The two parcels together total approximately 42.3 acres (38.4 acres + 3.9 acres) and is
is located at the terminus of Daisy Trail in Dubuque County. There is no plan to annex
the property at this time. In accordance with this requirement, Legal staff has prepared
the attached pre -annexation agreement, with the standard ten-year transition in City's
share of property taxes as an incentive.
RECOMMENDATION
I recommend that the City Council approve the LRS Development, LLC pre -annexation
agreement and authorize the Mayor to sign the agreement on behalf of the City of
Dubuque.
Attachments
Page 158 of 1061
Page 2
cc: Crenna Brumwell, City Attorney
Gus Psihoyos, City Engineer
Christopher Lester, Water Department Director
Eldon Schneider, Water Project Supervisor
Chris Vallee, Utility Billing Supervisor
Page 159 of 1061
Prepared by: Wally Wernimont, City Planner Address: City Hall, 50 W. 1311 St (563) 589-4210
Return to: Wally Wernimont, City Planner Address: City Hall, 50 West 13'h St (563) 589-4210
RESOLUTION NO. 273 -26
APPROVING A PRE -ANNEXATION AGREEMENT BETWEEN THE CITY OF
DUBUQUE, IOWA AND LRS DEVELOPMENT, LLC
Whereas, LRS Development, LLC, the owner of the following described property
located at the end of Daisy Trail in Dubuque County, Iowa (the Property) have
submitted to the City Council of the city of Dubuque an application for voluntary
annexation of the Property to the City of Dubuque:
LOT 1 OF THE SE 1/4 OF THE SW 1/4 OF SECTION 3, TOWNSHIP 89
NORTH, RANGE 2 EAST OF THE 5TH P.M., DUBUQUE COUNTY, IOWA,
ACCORDING TO THE RECORDED PLATS THEREOF.
LOT 2 OF LOT 1 OF THE NE 1/4 OF THE SW 1/4 OF SECTION 3, TOWNSHIP
89 NORTH, RANGE 2 EAST OF THE 5TH P.M., DUBUQUE COUNTY, IOWA,
ACCORDING TO THE RECORDED PLATS THEREOF.
Whereas, LRS Development, LLC has entered into a Pre -annexation Agreement
with the City of Dubuque, a copy of which is attached hereto governing the future
annexation of the Property; and
Whereas, the Property is not subject to an existing annexation moratorium; and
Whereas, the Property does not include any state or railroad property; and
Whereas, Iowa Code Section 368.7 authorizes the voluntary annexation of
property in Dubuque County, Iowa and the extension of city limits by voluntary
annexation; and
Whereas, the annexation of the Property is consistent with the Comprehensive
Plan of the City of Dubuque, necessary for the future orderly growth and development of
the City of Dubuque, and will promote efficient and cost-effective extension of municipal
services; and
Whereas, the City Council finds that the annexation of the Property is in the
public interest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. The Pre -annexation Agreement by and between LRS Development,
LLC and the City of Dubuque is hereby approved.
Passed, approved and adopted this 20th day of July 2026.
%ram i
I. Cavanagh, Mayor
ATTEST:
By: e S44�z
Adrienne N. Breitfelder, City Clerk
Prepared by Jason Lehman, 300 Main Street, Suite 330 Dubuque, IA 52001 563-589-4113
Return to City Clerk, 50 West 13th Street, Dubuque, IA 52001 563-589-4120
PRE -ANNEXATION AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
LRS DEVELOPMENT, LLC
This Pre -Annexation Agreement (the "Agreement"), dated for reference purposes
the day of , 2026, is made and entered into by and between
the City of Dubuque, Iowa ("City") and LRS Development, LLC ("Owner").
WHEREAS, Owner is the legal owner of real estate legally described as:
PIN LEGAL DESCRIPTION
1003377001 Lot 1 of the SE 1/4 of the SW 1/4 of Section 3, Township 89
North, Range 2 East of the 5th P.M., Dubuque County, Iowa,
according to the recorded plats thereof.
1003327001 Lot 2 of Lot 1 of the NE 1/4 of the SW 1/4 of Section 3,
Township 89 North, Range 2 East of the 5th P.M., Dubuque
County, Iowa, according to the recorded plats thereof.
and shown in Exhibit A attached hereto and incorporated herein by reference (the "Real
Estate"); and
WHEREAS, as of the date of this Agreement, the Real Estate is not contiguous
to the corporate city limits of the city of Dubuque, but is located within two (2) miles of
the corporate limits of the city of Dubuque and constitutes territory which may be
annexed by City as provided in Iowa Code Chapter 368; and
WHEREAS, Owner desires to have the Real Estate annexed by City upon
certain terms and conditions as hereinafter set forth; and
WHEREAS, notice of the proposed annexation shall be given to the parties
legally required to be notified pursuant to Chapter 368 of the Iowa Code at the time the
Real Estate becomes contiguous to City; and
WHEREAS, the City Council, after due and careful consideration, has concluded
that the annexation of the Real Estate by City on the terms and conditions hereinafter
set forth would further the growth of City, would enable City to control the development
of the area and would serve the best interests of City.
Page 162 of 1061
NOW THEREFORE, IN CONSIDERATION OF THE PROMISES AND THE
MUTUAL COVENANTS AND AGREEMENTS HEREIN CONTAINED, IT IS HEREBY
AGREED AS FOLLOWS:
SECTION 1. AGREEMENT PURSUANT TO IOWA CODE CHAPTER 368. This
Agreement is made pursuant to and in accordance with the provisions of Iowa Code
Chapter 368. The foregoing preambles and recitations are made a part of this
Agreement.
SECTION 2. TERM. The term of this Agreement is from the day of
, 2026 until the annexation of the Real Estate to City is final.
SECTION 3. PETITION FOR ANNEXATION. Owner, upon execution of this
Agreement, will submit to the City Clerk a Petition for Annexation of the Real Estate by
City, in the form provided in Exhibit B ("Petition"). The City Clerk will file the Petition,
submit it to the City Council for consideration at such time and under such
circumstances as the City Council deems appropriate, and comply with the
requirements of Iowa Code Chapter 368. Pursuant to Iowa Code §368.7(e), upon
execution of this Agreement, Owner hereby waives all rights to (a) withdraw or rescind
the Petition, (b) withdraw its consent to the Petition, and/or (c) otherwise object to
annexation as contemplated herein.
SECTION 4. ADMINISTRATIVE COSTS. City agrees to pay the administrative costs
associated with the annexation of the Real Estate, which includes filing and recording
costs.
SECTION 5. TRANSITION OF CITY SHARE OF PROPERTY TAXES. City agrees
that the resolution approving the annexation application shall provide for the transition
for the imposition of City taxes against the Real Estate. The Real Estate shall be
entitled to the following partial exemption from taxation for City taxes for a period of ten
(10) years following the final order of the City Development Board, if such annexation
requires approval by the City Development Board, after the exhaustion of any and all
appeals from the action of the Board by any person or the expiration of the time within
which such appeals may be brought, approving the voluntary annexation of the property
shown on Exhibit A:
1. For the first and second year, seventy-five percent (75%).
2. For the third and fourth year, sixty percent (60%).
3. For the fifth and sixth year, forty-five percent (45%).
4. For the seventh and eighth year, thirty percent (30%).
5. For the ninth and tenth year, fifteen percent (15%).
SECTION 6. CITY WATER SERVICES.
2
Page 163 of 1061
6.1 Upon annexation, Owner, and Owner's heirs, successors, and assigns —
including future owners of the Real Estate — shall connect to and receive City water
services to the Real Estate.
6.2 If Owner, or Owner's heirs, successors, or assigns — including future owners of
the Real Estate — obtain water services from a rural water provider prior to annexation,
the Real Estate must nonetheless connect to and receive City water services to provide
water to the Real Estate upon annexation. For provision of such future City water
services to the Real Estate, the Owner, and Owner's heirs, successors, and assigns —
including future owners of the Real Estate — shall be fully bound, jointly and severally, to
pay City the sum of any and all amounts City is required to pay as compensation to the
rural water service provider for losses resulting from annexation of all or any part of the
Real Estate by City, as well as such amounts as City may be required or reasonably
agrees to pay the rural water service provider as a settlement for resolution of any
claims, disputes, objections, protests, or litigation related to or arising out of City
providing water service to all or any part of the Real Estate, following annexation of the
Real Estate to City.
6.3 If Owner obtains City water services prior to annexation, Owner will pay the
regular City water rate paid by all other City residents for such services.
6.4 If, immediately prior to annexation, Owner, or Owner's heirs, successors, or
assigns — including future owners of the Real Estate — own, operate, and maintain a
private well or water system to supply water to the Real Estate, such person(s) shall be
allowed, at their option, to keep, maintain, and replace such well or water system
indefinitely upon annexation. However, such a pre-existing well will be allowed for non -
potable water only. Potable water shall be provided by City water services. All
connections supplied with City water from City water mains must be exclusively
supplied with City water and cannot intermingle or connect with existing wells or private
water systems, unless expressly approved by the City Manager in limited special
circumstances.
SECTION 7. OTHER CITY SERVICES.
7.1 Upon annexation, Owner, and Owner's heirs, successors, and assigns —
including future owners of the Real Estate — will for provision of future construction of
street paving, curbs, guttering, storm sewers, water mains, sanitary sewer mains,
bicycle paths, sidewalks, or any other improvement authorized by state law by means of
City awarded contracts to be paid by special assessments to be levied against the Real
Estate, Owner agrees that by execution of this Agreement, Owner, and Owner's heirs,
successors, and assigns —including future owners of the Real Estate — and each of
them, shall pay and are bound to pay City the costs of the aforesaid improvements
assessed to the Real Estate, by action of the City Council, after notice of hearing as
provided by Iowa Code Section 384.50, the provisions of Iowa Code Section 384.38
notwithstanding.
3
Page 164 of 1061
7.2 It is City's current policy that Owner may elect, at the time of annexation, to
dedicate any streets on the Real Estate to the City, or to maintain any streets on the
Real Estate as private streets. If Owner maintains as private streets, City will not make
or require improvements to bring private streets to City standards. If Owner wishes to
dedicate streets to the City, streets must be brought to City standards at Owner's
expense. Such policy is subject to change and may no longer be in effect at the time of
annexation.
7.3 Upon annexation, City of Dubuque Code of Ordinances Section 13-2-3 states
that the owner of any house, building, or property used for occupancy, employment,
recreation, or other purposes situated in City and abutting any street, alley, right of way,
or easement in which there is now located, or may in the future be located, within two
hundred feet (200') of the nearest property line thereof, a public sanitary sewer of the
City, is required at the owner's expense to connect such facilities directly with the public
sanitary sewer, in accordance with City standards within three hundred sixty-five (365)
days. If, at the time of annexation, the nearest property line of the Real Estate is within
two hundred feet (200') of a public sanitary sewer, Owner, and Owner's heirs,
successors, or assigns — including future owners of the Real Estate — shall be required
to connect to such public sanitary sewer. However, such connection shall not be
required if construction plans for an existing private onsite sewage treatment and
disposal system are available, the system meets the provisions of state laws and
regulations, and the system received a construction permit from the city manager prior
to installation.
However, no private onsite sewage treatment and disposal system will be permitted to
operate for more than fifteen (15) years from its installation, unless otherwise
determined by the city manager pursuant to standards adopted by the city manager. If
the city manager determines at any time that the system is no longer adequate,
connection to the public sanitary sewer must be made.
City Code of Ordinances Section 13-2-3 is subject to change and may no longer be in
effect at the time of annexation.
7.4 If Owner, or Owner's heirs, successors, or assigns — including future owners of
the Real Estate — is able and elects to receive public sanitary sewer services from the
City prior to annexation, such person shall pay the regular City sanitary sewer rate paid
by all other similarly situated City residents for such services.
SECTION 8. BINDING AGREEMENT. This Agreement shall be binding upon and
inure to the benefit of the parties hereto, their heirs, successors, and assignees, and
shall be recorded with the Real Estate and shall apply to any subsequent plats and/or
subdivisions of the Real Estate.
SECTION 9. EFFECT OF INVALID PROVISION. If any provision of the Agreement is
held invalid, such invalidity shall not affect any of the other provisions contained herein.
4
Page 165 of 1061
SECTION 10. DEFAULT.
10.1 Failure by Owner, or Owner's heirs, successors, or assigns — including future
owners of the Real Estate — to substantially observe or perform any material covenant,
condition, obligation, or agreement on its part to be observed or performed under this
Agreement constitutes an Event of Default.
10.2 Whenever any Event of Default occurs and is continuing, City may take any one
or more of the following actions after giving written notice to Owner, or Owner's heirs,
successors, or assigns — including future owners of the Real Estate — as the case may
be, 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 the City has not been provided adequate assurances that the Event
of Default will be cured as soon as reasonably possible thereafter:
(1) City may suspend any part of or all of its performance under this
Agreement until it receives assurances, deemed adequate by City in City's
sole discretion, that the Event of Default will be cured and Owner, or
Owner's heirs, successors, or assigns — including future owners of the
Real Estate — as the case may be, will observe and perform all material
covenants, obligations, and agreements required under this Agreement;
(2) City may cancel and rescind this Agreement;
(3) Owner, or Owner's heirs, successors, or assigns — including future owners
of the Real Estate — as the case may be, shall reimburse City for all
amounts expended by City in connection with enforcement of this
Agreement, and City may take any action, including any legal, equitable,
or administrative action it deems necessary, to recover such amounts from
the responsible person or entity;
(4) City may take any action, including legal, equitable, or administrative
action, which may appear reasonably necessary or desirable to collect any
payments due under this Agreement or to enforce performance and
observance of any obligation, agreement, or covenant under this
Agreement.
SECTION 11. NOTICES. Any notice to be delivered pursuant to the terms of the
Agreement shall be delivered or mailed by certified mail, return receipt requested, to the
respective parties at the following addresses:
If to City: City of Dubuque
City Clerk
50 West 13t" Street
Dubuque, Iowa 52001
s
Page 166 of 1061
If to Owner: LRS Development, LLC
10537 Rte 3
Dubuque, IA 52001
Owner's heirs, successors, and assigns — including future owners of the Real
Estate — shall provide notice to City, in accordance with this Section 11, of the address
at which notices to such person(s) shall be delivered.
SECTION 12. COUNCIL APPROVAL. This Agreement is subject to final approval of
the City Council of Dubuque, Iowa in its sole discretion.
CITY OF DUBUQUE, IOWA
ATTEST:
Adrienne N. Breitfelder, City Clerk
STATE OF IOWA )
) SS.
COUNTY OF DUBUQUE )
On this I day of �,30 U 2026, before me, a Notary Public in and for
said state, personally appeardd Brad M. Cavanagh, Mayor, and Adrienne Breitfelder,
City Clerk, of the City of Dubuque, Iowa, to me known to be the persons named in and
who executed the foregoing instrument in their official capacities, and acknowledged
that they executed the same as the voluntary act and deed of said City.
Notary Public in h Sta�ofowa
,r' `•. TUSDEE LYNN BLUS
_ Con�miselon Nuns or Y42479
„�, My Comm. Exp. r
LRS DEVELOPMENT, LLC
OWNER.
By: 711ze),/
Michael Gantz
STATE OF IOWA )
)SS.
COUNTY OF DUBUQUE )
On this I'' day of Tt, , 2026, before me, a Notary Public in and for
said state, personally appeared as Pro,,-A,e n i' of LRS
Development, LLC, an Iowa limited liability company, and acknowledged that they
executed the foregoing instrument as the voluntary act and deed of said company.
N 6 tart' Public in the State of Iowa
�p6-11,-�"I.,
JOELLEN VALENTINE
Commission Number &aQ78Q
My Commisslon, Expires
September 1.3, 2026
Page 168 of 1061
ATTACHMENTS
EXHIBIT A: Legal Description and Map of Area to be Annexed
EXHIBIT B: Petition for Annexation
Page 169 of 1061
EXHIBIT A
PIN LEGAL DESCRIPTION
1003377001 Lot 1 of the SE 1/4 of the SW 1/4 of Section 3, Township 89
North, Range 2 East of the 5th P.M., Dubuque County, Iowa,
according to the recorded plats thereof.
1003327001 Lot 2 of Lot 1 of the NE 1/4 of the SW 1/4 of Section 3,
Township 89 North, Range 2 East of the 5th P.M., Dubuque
County, Iowa, according to the recorded plats thereof.
9
Page 170 of 1061
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Page 171 of 1061
EXHIBIT B
»1111[0P►1707:7_1LlILlIW:I_1%I[9P►I
DATE FILED
TO: Mayor and City Council of the City of Dubuque, Iowa
Board of Supervisors, Dubuque County, Iowa
The Petitioners Respectfully States Under Oath:
1. That the Petitioners are the sole owners of record of the following legally described land
hereinafter to as the "Real Estate". See attached Exhibit A: Legal Description and Plat of
Annexation. The Real Estate is further identified as parcel number
2. The Real Estate is not situated within the limits of any municipality, but is contiguous to
the City of Dubuque, Iowa. See attached Exhibit A: Legal Description and Plat of Annexation.
The Petitioners Respectfully Request:
1. That the above -described Real Estate be annexed to the City of Dubuque by resolution
of the Mayor and City Council of the City of Dubuque, Iowa, pursuant to Chapter 368 of the
Code of Iowa.
2. That such other action may be taken as is appropriate in the premises.
We, the Petitioners, hereby state that the preceding statements and all statements made in
supplementary material, and all attached documents submitted by me are true and correct.
We, the Petitioners, hereby acknowledge that pursuant to Iowa Code § 368.7(e), and upon execution
of the attached Pre -Annexation Agreement, Petitioners hereby waive any and all rights to (a)
withdraw or rescind the Petition, (b) withdraw consent to the Petition, and/or (c) otherwise object to
annexation as contemplated in the attached Pre -Annexation Agreement.
Signed on this day of
Telephone: 563-
Subscribed and sworn before me this
Notary Public
ATTACHMENTS:
EXHIBIT B-1:
EXHIBIT B-2:
, 2026
Telephone: 563-
day of
Legal Description and Map of Area to be Annexed
Pre -Annexation Agreement
2026
Page 172 of 1061
EXHIBIT B-1
LEGAL DESCRIPTION AND MAP OF AREA TO BE ANNEXED
12
Page 173 of 1061
PIN LEGAL DESCRIPTION
1003377001 Lot 1 of the SE 1/4 of the SW 1/4 of Section 3, Township 89 North, Range 2
East of the 5th P.M., Dubuque County, Iowa, according to the recorded
plats thereof.
1003327001 Lot 2 of Lot 1 of the NE 1/4 of the SW 1/4 of Section 3, Township 89 North,
Range 2 East of the 5th P.M., Dubuque County, Iowa, according to the
recorded plats thereof.
13
Page 174 of 1061
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Page 175 of 1061
EXHIBIT B
PRE -ANNEXATION AGREEMENT
(Insert fully executed pre -annexation agreement here)
15
Page 176 of 1061
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Masterpiece on the Mississippi 2017.2019
Pre -annexation Map
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Applicant: LRS Development LLC
Location: Wildflower Ridge Subdivision
Legal: Lot 1 of the SE 1/4 of the SW 1/4 and Lot 2 of Lot 1 of
the NE 1/4 of the SW 1/4 of Section 3, Township 89
North. Range 2 East of the 5th P.M., Dubuque County
QSubject Property
CParcels
DISCLAIMER: This information was compled using the
Dubuque Area Geographic Information System tDAGIS). which
includes data created by both the City of Dubuque and
Dubuque County. It is understood that, while the City of
Dubuque and participating agencies utilized the most current
and accurate information available. DAGIS and its suppliers do
not warrant the accuracy or currency of the information or data
contained herein. The City and participating agencies shall not
be held liable for any direct. indirect, incidental. consequential,
punitive, or special damages. whether foreseeable or
unforeseeable, ansing out of the authorized or unauthorized
use of ttds data or the inability to use this data or out of any
breach of warranty whatsoever
1:7,000
Page 177 of 1061