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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 \@0 j/� \)) / $ too / Cl) m J LLI C4 c � _ § 10 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 I I 0 Q> I O �• _ � C O 010 aU o � � c o C ' i N o to a � 03 w � a 4' W N u>o c m. m r c v owe _z� 0 C Z F �uhpp p h 10 j O DD m O N 00 c Ic In 0 o cn Ip u � m G o n a ►� 1'7 7 � N � L7 tD S 0 0 i N h O 14 Page 175 of 1061 EXHIBIT B PRE -ANNEXATION AGREEMENT (Insert fully executed pre -annexation agreement here) 15 Page 176 of 1061 171899 �� Dubuque THE CITY OF (, \ l: 94KI 41�3 �g�;�t 1 U UCC/a :� U lll'.clt LEDGEWOOD DR �o 9flIN) D 9V& 411'0 I 0 375 � 441�0 E C59, 941Fit�3 nrnaacn 760 1,500 Feet SIII MAW e111_4.29 D1 330 v L (JL3.'.BJ 171391714917159 17171 17121 17118 a 1717C 171481715617166 17103 ,2 17104 1709417-58 17036 16867 17018 >� 1.71rt7 b7.OR71r7.OR5 1rr70A.1 17008 16969 16968 %N@ 16984 16955 16956 16957 16950 16939 16944 16929 16922 16911 16922 16889 16890 16907 16894 16865 16870 16881 16872 16841 16844 16863 16848 16827 16828 16797 16800 16805 16800 11495 1138316781 11287 167791140511387 a a 5ANDERSLN 11508 1670116761 16763 16712 16689 1AWNi16.6.724 All Amen City DUB E 2007-2012.2013 Masterpiece on the Mississippi 2017.2019 Pre -annexation Map a IENN SYLVANIA AVE DODGE ST _ �� IIJJri�91,'/�-JJ` gRTFRiq� 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