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Acceptance of Southgate Lift StationCopyright 2014 City of Dubuque Consent Items # 8. ITEM TITLE: Southgate Lift Station SUMMARY: City Manager recommending approval of a resolution accepting the grant of easement for sanitary sewer lift station and the dedication of the sewage lift station, sanitary force main, and gravity sanitary sewer known as the Southgate Lift Station, as required by the Asset Purchase Agreement by and between the City of Dubuque and Twin Ridge Water, Inc. SUGGESTED DISPOSITION: RESOLUTION Accepting the sewage lift station, sanitary sewer force main, and gravity sanitary sewer located in Southgate Center Addition and accepting the Grant of Easement through, under, and across the balance of Lot A Southgate Center Second Addition the maintenance of the sewage lift station and piping located in the balance of Lot A Southgate Center Second Addition Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS: Description Type ❑ Southgate Lift Station Acceptance -MVM Memo City Manager Memo ❑ Staff Memo Staff Memo E Resolution Resolutions ❑ Grant of Easement Supporting Documentation THE CITY OF Dui Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Acceptance of the Southgate Lift Station DATE: November 10, 2015 Dubuque band AI -America City r 2007 • 2012 • 2013 City Engineer Gus Psihoyos recommends City Council approval of a resolution accepting the grant of easement for sanitary sewer lift station and the dedication of the sewage lift station, sanitary force main, and gravity sanitary sewer known as the Southgate Lift Station, as required by the Asset Purchase Agreement by and between the City of Dubuque and Twin Ridge Water, Inc. Maintenance of the Southgate Lift Station and its component parts will be the responsibility of the City. I concur with the recommendation and respectfully request Mayor and City Council approval. 7- Mic ael C. Van Milligen 1,,i1144 .., MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager Gus Psihoyos, City Engineer THE CITY OF DIIbU Masterpiece on the Mississippi Dubuque bitettl All -America City 1 r 2007 • 2012 • 2013 To: Michael C. Van Milligen, City Manager From: Gus Psihoyos, City Engineer Subject: Acceptance of the Southgate Lift Station, Force Main, and Gravity Sanitary Sewer Improvements and Associated Easements Date: November 10, 2015 INTRODUCTION The enclosed material provides for City Council acceptance of the Southgate sewage lift station, sanitary force main, and gravity sanitary sewer located in Southgate Center from Dubuque Southgate Investments, Inc. in connection with the City of Dubuque's recent acquisition of the Twin Ridge Water, Inc. sewer and water system located in the Key West area. BACKGROUND On November 2, 2015, with Resolution No. 384-15, City Council approved two (2) agreements in connection with the purchase of the Twin Ridge Water, Inc. water and sewer system in Key West: 1) The Offer to Buy Real Estate and Acceptance by and between the City and the Grace M. Mueller Revocable Family Trust and the Raymond M. Mueller Irrevocable Family Trust; and 2) Asset Purchase Agreement by and between the City and Twin Ridge Water, Inc. One of the terms and conditions of the Asset Purchase Agreement was that the City accept the dedication of the Southgate sewage lift station and piping located in Southgate Center on Parcel No. 1501452006 from its present owner, Southgate Investments, Inc. DISCUSSION In addition to the purchase price for the water system, in Section 1.1(A)(6) of the Asset Purchase Agreement, Twin Ridge Water, Inc. requested that the City take ownership, operation and maintenance responsibility of its sewage lift station and piping, including the force main, and gravity sanitary sewer located in the Southgate Center Subdivision located at the southeast corner of US Highway 151/61 and US Highway 52. The component parts of this lift station and piping include the sewage lift station, force main, and gravity sewer located in Balance of Lot A Southgate Center Second Addition, Lot 3 of Southgate Center Second Addition, Lot 2 Southgate Center, Lot 1 of 3 Key Gate Center, and Highway 151/61 right of way shall by this agreement, become the ownership, maintenance, and care responsibility of the City. As such, the City shall accept the dedication of that asset or the transfer of ownership of that asset from Dubuque Southgate Investments, Inc. and the City shall sign any and all such documentation necessary to accomplish transfer. WHKS assessed the condition of the Southgate Lift Station and determined that a pump needs to be replaced as soon as possible. Twin Ridge Water, Inc. replaced this pump. Over the long term, the City may need to invest approximately $100,000.00 to upgrade this station to comply with City standards for lift stations. In order to own, maintain, and operate this sewage lift station and a portion of the piping, Dubuque Southgate Development Ltd will grant the City an easement through, under, and across the parcel in which the lift station and piping sit. RECOMMENDATION I recommend the City Council accept the grant of easement for sanitary sewer lift station and the dedication of the Southgate Lift Station, Sanitary Force Main, and Gravity Sanitary Sewer as required by the Asset Purchase Agreement by and between the City of Dubuque and Twin Ridge Water, Inc. and Resolution No. 384-15. Maintenance of the Southgate Lift Station and its component parts will be the responsibility of the City. ACTION TO BE TAKEN I request that the City Council adopt the attached resolution accepting the grant of easement for sanitary sewer lift station and the dedication of the sewage lift station, sanitary force main, and gravity sanitary sewer known as the Southgate Lift Station located on Southgate Center at the southeast corner of US Highway 151/61 and US Highway 52. RESOLUTION NO. 387-15 ACCEPTING THE SEWAGE LIFT STATION, SANITARY SEWER FORCE MAIN, AND GRAVITY SANITARY SEWER LOCATED IN SOUTHGATE CENTER ADDITION AND ACCEPTING THE GRANT OF EASEMENT THROUGH, UNDER, AND ACROSS THE BALANCE OF LOT A SOUTHGATE CENTER SECOND ADDITION THE MAINTENANCE OF THE SEWAGE LIFT STATION AND PIPING LOCATED IN THE BALANCE OF LOT A SOUTHGATE CENTER SECOND ADDITION WHEREAS, pursuant to Resolution No. 384-15, an Asset Purchase Agreement By and Between the City of Dubuque, Iowa and Twin Ridge Water, Inc. and an Offer to Buy Real Estate and Acceptance were approved on November 2, 2015; and WHEREAS, pursuant to Section 1.1(A)(6) of the Asset Purchase Agreement By and Between the City of Dubuque, Iowa and Twin Ridge Water, Inc., the City of Dubuque, Iowa accepted the ownership and maintenance of a sewage lift station, sanitary force main, and gravity sanitary sewer located in the parcels legally described as the Balance of Lot A Southgate Center Second Addition, Lot 3 of Southgate Center Second Addition, Lot 2 Southgate Center, Lot 1 of 3 Key Gate Center, and Highway 151/61 right of way, in Dubuque County, Iowa; and WHEREAS, Dubuque Southgate Investments, Ltd owns the parcel legally described as the Balance of Lot A Southgate Center Second Addition, in which the sewage lift station and a portion of the piping sits; and WHEREAS, City wishes to accept ownership and maintenance of the sewage lift station, sanitary sewer force main, and gravity sanitary sewer located on the Balance of Lot A Southgate Center Second Addition, Lot 3 of Southgate Center Second Addition, Lot 2 Southgate Center, Lot 1 of 3 Key Gate Center, and Highway 151/61 right of way as shown on Attachment B and Dubuque Southgate Investments, Ltd wishes to grant City an easement over the Balance of Lot A Southgate Center Addition for such ownership and maintenance; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 111315maq Section 1. The attached Grant of Easement from Dubuque Southgate Investments, Ltd over a portion of the Balance of Lot A of Southgate Second Addition to access the sanitary lift station and a portion of the piping be accepted and recorded. Section 2. The City Council hereby approves the acceptance of the sewage lift station, sanitary force main, and gravity sanitary sewer piping located as shown on Attachment B. Section 3. The ownership, operation and maintenance of said sewage lift station, sanitary force main, and gravity sanitary sewer shall be the responsibility of the City from the date of this resolution moving forward. Passed, approved and adopted this 16th day of November, 2015. ATTEST: Att s . Kevin S. Firhstahl, City Clerk Roy D. Bud Mayor 2 Prepared by: Return to: Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa 52001 (563) 589-4270 Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa 52001 (563) 589-4270 GRANT OF EASEMENT FOR SANITARY SEWAGE LIFT STATION AND UTILITY For and in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, Dubuque Southgate Investments, Ltd 10753 Woodland Heights Dubuque, IA 52003 of Dubuque County, State of Iowa, for itself, its heirs, successors, and assigns, do hereby grant, sell, and convey to the CITY OF DUBUQUE, IOWA, a municipal corporation, its agents and contractors, from the date hereof, rights of ways and easement through, under and across the following described real estate situated in Dubuque, Iowa, to wit: A portion of the Balance of Lot A Southgate Center Second Addition in the County of Dubuque, Iowa as shown on Exhibit A attached hereto and by reference made a part hereof. Said easement shall be for the purpose of accessing, owning and maintaining the sewage lift station, piping, and other appurtenances, along with the right, privilege, and authority to construct, reconstruct, maintain, operate, repair, patrol, and remove said improvements. Said easement shall also include the right to cut, trim, or remove trees, bushes, and roots as may be required incident to rights given herein. It is understood and agreed that the Grantee herein shall restore the disturbed area due to the construction, maintenance, or repair of said improvements. Grantor shall not erect any structure over or within the easement area that will affect access to or operation and maintenance of the lift station and piping without obtaining the prior written approval of the City Engineer. Grantor shall not change the grade, elevation, and contour or perform any construction or excavation that will diminish the 111315maq lateral support or integrity of said improvements without obtaining the prior written consent of the City Engineer. Grantor hereby also grants a 20' wide sanitary sewer easement centered on the existing sanitary sewer main, as constructed and as shown on Exhibit A attached hereto, over a portion of the Balance of Lot A of Southgate Center Second Addition and Lot 3 of Southgate Center Second Addition. To have and to hold unto the said City of Dubuque, Iowa, forever, and the undersigned do hereby expressly covenant that they are the owners in fee of said real estate and have good right to execute this agreement, and that the Grantee, its agents or contractors, shall at all times have free access to and egress from and over said real estate to maintain or repair said sanitary sewage lift station and piping thereon or therein. Dated at Dubuque, Iowa this day of 2015. GRANTEE DUBUQUE SOUTHGATE INVESTMENTS, LTD By: Daniel J. Mueller NOTARY PUBLIC STATE OF IOWA, COUNTY OF DUBUQUE, SS: On this day of A.D., 2015 before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Daniel J. Mueller to me known to be the identical person(s) named in and who executed the within and foregoing instrument, to which this is attached, and acknowledged that they executed the same as their voluntary act and deed. Notary Public In and For Said State 2 : Nate Kieffer 50 Dubuque 2007 CITY OF DUBUQUE ENGINEERING DEPARTMENT CITY HALL. DUBUQUE. IAWE52� STREET PHONE (661) 680-4270 FAX (603) 6891206 D 811 a9( I.108115 91< 108 1584015 BALANCE OF LOT A SOUTHGATE CEN. 2ND ADD., DUBUQUE COUNTY, IOWA J,. // NORTH 0 50' lar 200' SCALE 1'.100' FEET CO CO Z 1 S -*6..6 1 a LOT 1-3 KEY GATE CENTER PROPOSED 20' KW LIFT STATION EASEMENT EXIST. LIFT STATION EXHIBIT A LIFT STATION EASEMENT ACROSS PART OF BALANCE OF LOT A SOUTHGATE CENTER SECOND ADDITION, DUBUQUE COUNTY, IOWA - CENTERLINE OF PROPOSED 20' WIDE LIFT STATION ACCESS EASEMENT • BALANCE OF LOT A SOUTHGATE til, CENTER 2ND ADD S75° 39' 04"E 206.58' LOT 2 SOUTH GATE CENTER EXIST. UTILITY EASE. PER N87° 19' 40"E 174.30' DOC. N°-1384" ..7/44 zR LOT 1-1 SOUTHGATE CENTER 2ND ADD. .Mf086471y5564b6 075,006857881was owed e61 InNt001xwpN' a6WmeauMwml48. ww-8I 5E5441 1.e1181,5175595888(5N1 Sv.eyo. 6Me, Intiewe 61 Pe 1.1701885 BRAG. q.. ion 1k.76.111m De. Maw. ave46W l 0e6550831.2016 15•0510.8* owed by *..8 591811,H02 OHLY LOT 2 SOUTHGATE CENTER 2ND ADD. S65° 59' 37"W 72.53' N77° 20' 45"W 137.50' N86' 111 24"W 147.60' S802 20' 14"N/ 72.04' S74' 16' 50"1N 42.97' LOT 3 SOUTHGATE CENTER 2ND ADD. N810 07' 58"W 232.98' BALANCE SOUTHGATE S87' 19' 40"W 400.22' OF LOT A CENTER 2ND ADD. CENTERLINE OF PROPOSED 20' WIDE GRAVITY SANITARY SEWER EASEMENT /Gyp/q Ys2 co aa) ANNIE WALLER SUB. LEGEND FOUND IRON ROD/PIPE AS SHOWN 0 SET 518" REBAR WITH YELLOW PLASTIC CAP # 18128 R.O.W. RIGHT OF WAY (100.00') RECORD DIMENSION 0 LINE BREAK ADJACENT PROPERTY LINE RIGHT OF WAY LINE PROPOSED EASEMENT LINE BAL LOT 1 KEY GATE CENTER NO. 2 TO GTI. OF 1 Dvs vox the Madsappy EXHIBIT B "rAGIS EXISTING fi SANITARY til -•'VER LXISTING SANITARY FORCE MAIN LXISTING SANITARY SEWAG LIFT STATION i ,1, 74-4/05,, MONWISOl.sr.rr.r— r.1... Y..."r 441.14 Y.rr - {WN. w.. S•14.44 ."r. q.... ._ -- M.q at Ursa rMw.r•M.r........a.- $4,1 r... r - rr.r. .441e. m.... 141114040 be TM .424•4 Woman -- Yr. _, inions. gnome osio•Or• hot la soir Ora maw erz ma atm rr.M was ening Mue rA -.. rm....r1.r.nJ 1 inch = 200 feet 100 50 0 100 200 XO Feet S .9442' I ' r nuu9 e +ount Ls:root City er= _ Eninaritna Di: -.. 60 •'IQs: ISa -' Dub. ue. Iptra f Pro,* (583'52'• Fa. isa3.5?F-c:`. Prepared by: Return to: 1111111M Bili II I IIIM ilii Doc ID: 008348550007 Type: GEN Kind: EASEMENT Recorded: 11/18/2015 at 02:58:19 PM Fee Amt: $37.00 Page 1 of 7 Dubuque County Iowa John Murphy Recorder Fi1e2015_00014/ 80 Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa 52001 (563) 589-4270 Nate Kieffer, City of Dubuque, 50 W. 13th Street, Dubuque, Iowa 52001 (563) 589-4270 GRANT OF EASEMENT FOR SANITARY SEWAGE LIFT STATION AND UTILITY For and in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, Dubuque Southgate Investments, Ltd 10753 Woodland Heights Dubuque, IA 52003 of Dubuque County, State of Iowa, for itself, its heirs, successors, and assigns, do hereby grant, sell, and convey to the CITY OF DUBUQUE, IOWA, a municipal corporation, its agents and contractors, from the date hereof, rights of ways and easement through, under and across the following described real estate situated in Dubuque, Iowa, to wit: A portion of the Balance of Lot A Southgate Center Second Addition in the County of Dubuque, Iowa as shown on Exhibit A attached hereto and by reference made a part hereof. Said easement shall be for the purpose of accessing, owning and maintaining the sewage lift station, piping, and other appurtenances, along with the right, privilege, and authority to construct, reconstruct, maintain, operate, repair, patrol, and remove said improvements. Said easement shall also include the right to cut, trim, or remove trees, bushes, and roots as may be required incident to rights given herein. It is understood and agreed that the Grantee herein shall restore the disturbed area due to the construction, maintenance, or repair of said improvements. Grantor shall not erect any structure over or within the easement area that will affect access to or operation and maintenance of the lift station and piping without obtaining the prior written approval of the City Engineer. Grantor shall not change the grade, elevation, and contour or perform any construction or excavation that will diminish the 111315maq lateral support or integrity of said improvements without obtaining the prior written consent of the City Engineer. Grantor hereby also grants a 20' wide sanitary sewer easement centered on the existing sanitary sewer main, as constructed and as shown on Exhibit A attached hereto, over a portion of the Balance of Lot A of Southgate Center Second Addition and Lot 3 of Southgate Center Second Addition. To have and to hold unto the said City of Dubuque, Iowa, forever, and the undersigned do hereby expressly covenant that they are the owners in fee of said real estate and have good right to execute this agreement, and that the Grantee, its agents or contractors, shall at all times have free access to and egress from and over said real estate to maintain or repair said sanitary sewage lift station and piping thereon or therein. Dated at Dubuque, Iowa this / day of 000 , 2015. GRANTEE DUBUQUE SOUTHGATE INVESTMENTS, LTD By: DUan,ti Daniii/J. Mueller NOTARY PUBLIC STATE OF IOWA, COUNTY OF DUBUQUE, SS: On this I (to day of No V yY) 13(g, A.D., 2015 before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Daniel J. Mueller to me known to be the identical person(s) named in and who executed the within and foregoing instrument, to which this is attached, and acknowledged that they executed the same as their voluntary act and deed. TRACEY L. STECKLEIM Commission Number 71601 'My Comm. Exp. 14`)1'7 t Amic Notary Public In tl For Said State 2 ubuuue F DUBUQU EERING DEPARTMENT ALL, S° WK_aT 13th aWREIBT UQWE. W 5?-0a,-4l—taa4 AI ,10 ES'7F LOT H 0 ADO., EXHIBIT A LIFT STATION EASEMENT ACROSS PART OF BALANCE OF LOT A SOUTHGATE CENTER SECOND ADDITION, DUBUQUE COUNTY, IOWA NORTH 0 50' 100' 200' OCALE 1'. 100' FEET LOT 1-3 KEY GATE CENTER PROPOSED 20' X05' LIFT STATION EASEMENT EXIST. OFT STATION CENTERLINE OF PROPOSED 20' WIDE LIFT STATION ACCESS EASEMENT • BALANCE OF LOT A / <'[y SOUTHGATE ,• 1,' CENTER 2ND ADD S75° 39' 04"E 206.58' LOT 2 SOUTH GATE CENTER f EXIST. UTILITY J - EASE. PER N87° 19' 40"E 174.30' DOC -0.130A1 '-N77° 20' 45"W 137.50' N86° 11' 24"W 147.60' S80° 20' 14"W 72.04' S74° 16' 50"W 42.97' LOT i Sf1. GATE CENTER 2N0 A0 . 0 LOT 1-1 SOUTHGATE CENTER 2ND ADD. LOT 2 SOUTHGATE CENTER 2ND ADD. N81° 07' 58"W 232.98' BALANCE S875 19' 40"W 400.22' CEN1ERLINE0F OF LOT A PROPO0E152y SOUTHGATE WIOFGRAVITY CENTER SIaNrcARY SEWER 2ND ADD. E!{SEMENT LEGEND I nmtg way tlraFtld: ma wnrA J,�svmmSvran�F«retlm�si Ik.espmtrev imlawsoffFr VaiavP/aea ANNIE WALLER SUB. Notal.*.9 • FOUND IRON RODRIPE AS SHOWN Q SET 510' RESAR WITH YELLOW PLASTIC CAP N 10120 R.O.W. RIGHT OF WAY (100.00') RECORD DIMENSION LINE BREAK ADJACENT PROPERTY LINE RIGHT OF WAY LINE PROPOSE© EASEMENT LINE RAL LOT 1 KEY GATE CENTER NO, 2 TO GTI. OF 1 Dvs vox the Madsappy EXHIBIT B "rAGIS EXISTING fi SANITARY til -•'VER LXISTING SANITARY FORCE MAIN LXISTING SANITARY SEWAG LIFT STATION i ,1, 74-4/05,, MONWISOl.sr.rr.r— r.1... Y..."r 441.14 Y.rr - {WN. w.. S•14.44 ."r. q.... ._ -- M.q at Ursa rMw.r•M.r........a.- $4,1 r... r - rr.r. .441e. m.... 141114040 be TM .424•4 Woman -- Yr. _, inions. gnome osio•Or• hot la soir Ora maw erz ma atm rr.M was ening Mue rA -.. rm....r1.r.nJ 1 inch = 200 feet 100 50 0 100 200 XO Feet S .9442' I ' r nuu9 e +ount Ls:root City er= _ Eninaritna Di: -.. 60 •'IQs: ISa -' Dub. ue. Iptra f Pro,* (583'52'• Fa. isa3.5?F-c:`. RESOLUTION NO. 387-15 ACCEPTING THE SEWAGE LIFT STATION, SANITARY SEWER FORCE MAIN, AND GRAVITY SANITARY SEWER LOCATED IN SOUTHGATE CENTER ADDITION AND ACCEPTING THE GRANT OF EASEMENT THROUGH, UNDER, AND ACROSS THE BALANCE OF LOT A SOUTHGATE CENTER SECOND ADDITION THE MAINTENANCE OF THE SEWAGE LIFT STATION AND PIPING LOCATED IN THE BALANCE OF LOT A SOUTHGATE CENTER SECOND ADDITION WHEREAS, pursuant to Resolution No. 384-15, an Asset Purchase Agreement By and Between the City of Dubuque, Iowa and Twin Ridge Water, Inc. and an Offer to Buy Real Estate and Acceptance were approved on November 2, 2015; and WHEREAS, pursuant to Section 1.1(A)(6) of the Asset Purchase Agreement By and Between the City of Dubuque, Iowa and Twin Ridge Water, Inc., the City of Dubuque, Iowa accepted the ownership and maintenance of a sewage lift station, sanitary force main, and gravity sanitary sewer located in the parcels legally described as the Balance of Lot A Southgate Center Second Addition, Lot 3 of Southgate Center Second Addition, Lot 2 Southgate Center, Lot 1 of 3 Key Gate Center, and Highway 151/61 right of way, in Dubuque County, Iowa; and WHEREAS, Dubuque Southgate Investments, Ltd owns the parcel legally described as the Balance of Lot A Southgate Center Second Addition, in which the sewage lift station and a portion of the piping sits; and WHEREAS, City wishes to accept ownership and maintenance of the sewage lift station, sanitary sewer force main, and gravity sanitary sewer located on the Balance of Lot A Southgate Center Second Addition, Lot 3 of Southgate Center Second Addition, Lot 2 Southgate Center, Lot 1 of 3 Key. Gate Center, and Highway 151/61 right of way as shown on Attachment B and Dubuque Southgate Investments, Ltd wishes to grant City an easement over the Balance of Lot A Southgate Center Addition for such ownership and maintenance; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 111315maq Section 1. The attached Grant of Easement from Dubuque Southgate Investments, Ltd over a portion of the Balance of Lot A of Southgate Second Addition to access the sanitary lift station and a portion of the piping be accepted and recorded. Section 2. The City Council hereby approves the acceptance of the sewage lift station, sanitary force main, and gravity sanitary sewer piping located as shown on Attachment B. Section 3. The ownership, operation and maintenance of said sewage lift station, sanitary force main, and gravity sanitary sewer shall be the responsibility of the City from the date of this resolution moving forward. Passed, approved and adopted this 16th day of November, 2015. fi '7/ ATTEST: Attesf: Kevin Firnstahl, City Clerk Roy D. Bu p Mayor 2 STATE OF IOWA CERTIFICATE of the CITY CLERK ) SS: COUNTY OF DUBUQUE ) I, Kevin S. Firnstahl, do hereby certify that I am the duly appointed, qualified, City Clerk of the City of Dubuque, Iowa, in the County aforesaid, and as such City Clerk, I have in my possession or have access to the records of the proceedings of the City Council. I do further state that the hereto attached Resolution No. 387-15 is a true and correct copy of the original. In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque, Iowa. Dated at Dubuque, Iowa, on this 16th day of November, 2015. Kevin Firnstahl,CM;-ty Clerk 1 i►►i1 iii►i► iii ►►►1 ►►1►i ►►1 IlIll 1►1 i►i►► ►►1i► ►►1t► ►►i11 ►►i1 i►►i► ►►i1 11 'Doc ID: 008348560010 Type: GEN 'Kind: LEASE Recorded: 11/18/2015 at 02:58:55 PM Fee Amt: $52.00 Pape 1 of 10 Dubuque County Iowa John i1Murphy Recorder i % Q i Fe201ii5-00014 / 8 1 RECORDER'S COVER SHEET LEASE — BUSINESS PROPERTY Preparer Information: Jennifer Clemens -Conlon, 2080 Southpark Court, Dubuque, IA 52003 (563) 582-2926 Taxpayer Information: City of Dubuque, Iowa, 50 West 13th Street, Dubuque, IA 52001 Return Document To: Maureen A. Quann, 300 Main Street, Suite 330, Dubuque, IA 52001 Legal Description: Buildings located on Lot B of Twin Ridge Subdivision No. 5, in Section 12, and Lot 2 of 1 of the Southwest 1/4 of the Southwest 1/4 of Section 12, all in Table Mound Township, T88N, R2E of the 5th P.M., Dubuque County, Iowa Grantors: Grantees: The City of Dubuque, Iowa Twin Ridge Water, Inc. IA 4 e A. Clemens -Cordon LEASE - BUSINESS PROPERTY THIS LEASE, is entered into this 1 day of Dubuque of this lease is OR THE LEGAL EFFECT OF THE USE' Q TINS FORK CONSULT YOUR LAWYER by and between The City of andlord") whose address fsr the and Twin Rid, \Vater, Inc. `Tenant") whose address for the purpose of this lease is 10753. Woodland Heights Road, Dubuque, Iowa 52003 1. I) EMISES AND TERM. The Landlord, in consideration of the rents, agreements and conditions herein contained, leases to the Tenant and Tenant leases from Landlord, according to the terms of this lease, the following described "premises", situated in, Dubuque County Iowa: Buildings located on Lot 3 of Twin Ridge Subdivision No. 5, in Section 12, and Lot 2 of 1 of the Southwest 114 of the Southwest 1/4 of Section 12, all in Table Mound Township, T8 N,1 2 of the 5th P.I., Dubuque County, Ionaa, with the improvements thereof, and, all rights, easements and appurtenances, which, more particularly, includes the space and premises as may be shown on " �thrl��t ,"' f attached, far a term of 3 year commencing at midnight of the day previous to the first day sof the lease term, which s1a11 hre o the .,day of 0� 2015and ending at midnight on the last day of the lease terra, which shall be on the N) 0\1 L t upon the condition that the Tenant pays rent therefor, and otherwise performs as in this lease provided,. 2. RENTAL Tenant agrees to pay to Landlord as rental for said term, s follows; 10.00 per imonth, in advance, the first rent payment becoming due upon la execution of this lease:er- lrn ar e- on a------ f -e I iontt ,.-dry tfY'm~ hi 4 --- d+tt to to --the Foye=-- ly---reel---giants--shell—ala dy; All sins shall be paid at the address of Landlord, , as above designated, or at such other place in lowa. or elsewhere, as the Landlord may, from time to time, designate in writing. Delinquent payments shall draw interest at % per annum from the due date, until paid: 2 (1). MULTIPLE- FANTS--fid-ear- a i r- a It - l e sir r i l l wilt rrd- Mitre - peri r tie- fir if =to° lwittier* se their rays fo .-0-t -t ex e €or °,-- i - ll,-ot vant-#h o fry- -. o Tata rs ami i , `L-1GA1 -E aregtaphe-6-ania-7-)rteisey-taxes- il-topa*.for.casoolty-and-liability-Ins y- e r d #1 tennef-his-lr (lf #h t `l _. a: 9Y it tie s`set- n -i perara s-& tit), `three year period daltRI Twin Ridg —BUS ES PROPERiy Rsvia� Sgc�emtier: 2906 3. POSSESSION. Tenant sham be entitled to possession on the first day of the terra of this leese, and shall yield possession to the Landlord at the end of the lease term, except as herein otherwise expressly provided. Should Landlord be unable to give possession on saki date, Tenant's only damages shall be a rebating (Attie pro rata rental. 4. USE OF PREMISES. Tenant covenants and agrees during the term of this lease the leased premises only for any legal. purpose. e and to occupy For restrictions on such use, sea paragraphs 6 (c), 6 (d) and 11 (b) below. 5. QUIET ENJOYMENT. Landlord covenants that its estate in said premises is in fee sirripie and that the Tenant, if not in default, shall peaceably have, hold and enjoy the premises for the tear of this lease. Landlord shall have the right to mortgage all of its right, title, interest in said premises at any time without notice. subject to this lease. 6, EQUIPMENT, DECORATING, REPLACEMENT, REPAIR AND MAINTENANCE. DEFINITIONS "Maintain" means to clean and keep in good condition, 'Repair". means to fix and restore to good condition after damage, deterioration or partial destruction. CONDITIONS OF PREMISES A. Tenant takes the premises in its present condition, except for such repairs and alterations as may be expressly otherwise provided in this lease, REPAIRS AND MAINTENANCE B. Landlord shall replace and repair the structural parts of the building. For purposes of this lease, the structural parts of the building shall mean the foundation, exterior wails, load bearing components of interior floors and walls, the roof and all sewers, pipes, wiring and electrical fixtures outside of the structure C. Repair shall be performed and paid for by the parties as follows: PERFORMANCE PAYMENT LI=LANI LORD Ta -TENANT ' ° 4 Landiorr % Tenant Interior walls, floors and ceilings N/A N/A /A.. Sewer, plumbing fixtures, pipes, wiring, N/A N/A N/A electrical fixtures within the structure Heating equipment N!A N/A NIA --- Airodnditioning N!A N/A NIA Plate glass (replacement) NIA, N/A N/A Sidewalks NIA- NIA C/A Parking areas N/A N/A N/A N/A „ N/A Other common areas ( strike if inapplicable) NIA LIMITATION. In no event shall the Tenants share of the cost of repair for any one incident of repair exceed 0.00 All costs of such an incident of repair in excess of such amount shall be paid by Landlord. D. Landlord shall be responsible for maintenance of all common area underLandlord's control. T-enat* ll b fespe le- r -t l-emer`-r ra ht er eept;. E. An +-repair rte rroe•fit-sloe f"tealir r v (sutsjeefte 4MfTA.MMGi ;-i eny;- rding-€ears l Parte ;-ate). F. Each party shall perform their responsibilities of repair and maintenance to the end that the premises will be kept in a safe and serviceable condition. Neither party will permit nor allow the premises tobedamaged or depreciated in value by any act, omission to act, or negligence of itself, its agents or employees. :at�isstieretiorrcc is 2 EQUIPMENT, DECORATING AND ALTERATIONS G, The folirawing items of equipment, furnishings and fxturea shall be supplied and replaced by the parties ollows: Heating equipment Air conditioning equipment Carpeting/floor covering Drapes, shades, blinds SUPPLIED REPLACED LLandlord L=Landlord TriTenant" T=Tenant N/A N/A N/A N/A NIA NIA N/A NIA Any similar equipment, furnishings, and fixtures not specificaily provided for paid for by Landlord, except: Not applicable. bove shall be pr vi and Any equipment, furnishings or fixtures to be supplied by Tenant shall be subject to the Landlord's prior written approval as to quality and method of installation. Tenant shall provide all trade equipment, furnishings, and fixtures used in connection with the operation of its business, such as telephones, computers, desks, chairs, shelving and similar items, H, Landlord shall provide and pay for the following items of interior decorating: NOt applicable. Thereafter, Tenant shall be responsible for all interior decorating. Tenant shall make no structural alterations o improvements without the prior written consent of the Landlord. AMERICANS WITH DISABILITIESA: ACT L Tenant will make no unlawful use of said premises and agrees to comply with alt valid rguletids of the Board of Health, City Ordinances or applicable municipality, the laws of the State of ltwa and the Federal government, but this provision shall not be construed es creating any duty by Tenant to members of the general public, provided, however, responsibility for compliance with the Americans with Disabilities Act shall be performed and paid for by the parties as follows: % Landlord. Common areas Tenants area: Initial compliance (spec Future compliance 10 100 7, UTILITIES AND SER11`I CE8- U .illi s follows, Electricity Water and Sewer GarbaagerTrash Janitor/Cleaning Common areas Other: % Tenant 0 rvices shell be furnished and paid for by the patties as PERFORMANCE L=Landlord TTenart N/A NIA PAYMENT Landlord % Tenant N/A N/A N/A N/A N/A N/A NiA T 0 1Q0 T 0 100 /A N/A N/A NiA N/A N/A 8. TERMINATION, SURRENDER OF PREMISES AT END OF TERM -- REMOVAL OF FIXTUJ (a) TERMINATION, This lease shall terminate upon expiration of the original term; or if this lease expressly provides for any option to renew, and if any such option is exercised by the Tenant, then this lease ti at the expiation of the option term or terms, (It-OPTION- TO/RENEW. (c) SURRENDER. Tenant agrees that upon termination of this lease it will surrender and deliver :the premises in good and clean condition, except the effects of ordinary wear and tear and depreciation arising from lapse of time, or damage without fault or liability of Tenant. (d) HOLDING G OVER. Continued possession by Tenant, beyond the expiration of its tenancy, coupled with the receipt of the specified rental by the Landlord (and absent a written agreement by both parties for an extension of this lease, or for a new lease) shall constitute a month to month extension of the lease; (e) REMOVAL OF FIXTURES. Tenant may, at the expiration of its tenancy, if Tenant is not in default, remove any fixtureor equipment which Tenant has installed in the premises, providing Tenant repairs any and all damages caused by removal:. 9. ASSIGNMENT AND SUBLETTING. Any assignment of this lease or subletting of the premises or any part thereof, witheut;the Landlord's written permission shall, at the option of the Landlord, make the rental for the balance of the lease term due and payable at once, Such written permission shalt not be unreasonably withheld, 10. REAL ESTATE TAXES. A. All Installments of real estate taxes would become delinquent if not paid during the term of this lease, shall be paid by the parties in the following proportions. Landlord 100 Tenant .0 B. Any increase in such installments that exceeds the amount of the installment that would be delinque not paid by shall be paid as follows:: Landlord 100 Tenant 0 % C. PERSONAL PROPRTY TAXES, Tenant agrees to timely pay all tax e , as a srnents or other public charges levied or assessed by lawful authority against its personal property on the premises during the term of this lease; D. SPECIAL ASSESSMENTS. Special assessments that would be delinquent if not paid during the term of this lease shall be timely paid by the parties in the following proportions: Landlord 100 % Tenant 0 E. Each party reserves its right of protest of any assessment of taxes, 11, INSURANCE. A PROPERTY INSURANCE Landlord and Tenant agree to insure their respective real and personal property for the full insurable value,. Such insurance shall cover losses included in the special form causes of loss (formerly all risks coverage). To the extent permitted by their policies the Landlord and Tenant waive all rights of recovery against each other. B. LIABILITY INSURANCE Tenant shall obtain commercial general liability insurance in the amounts of 500,000.00 each occurrence and 500,000,00 annual aggregate per location. Such policy shall include liability arising from premises operations, independent contractors, personal injury, products and completed 4 • a operations arid liability assumed under an Insured contract, This policy shall be endorsed to include the Landlord as an additional insured, C. CERTIFICATES OF INSURANCE. Prior to the time the lease takes effect the Tenant will provide the Landlord with a certificate of insurance with these property and liability insurance requirements, such certificate shall include 30 days advance notice of cancellation to the Landlord, A renewal certificate shall be provided prior to expiration of the current policies. D. ACTS BY TENANT. Tenant will not do or omit doing of any act which would invalidate any insurance, or increase the insurance rates in force on the premises. E. INCREASED RISKS OR HAZARDS, Tenant further agrees to be liable for and to promptly pay, as if current rental, any increase in insurance rates on said premises and ort the building of which said premises are a part, due to increased risks or hazards resulting from Tenant's use of the premises otherwise than as herein contemplated and agreed, F. Landlord and Tenant shalt each provide a copy of this lease to their respective insurers. 12, LIABILITY FOR DAMAGE. Each party shall be liabte to the other for all damage to the property of the other negligently, recklessly or intentionally caused by that party (or their agents, employees or invitees), except to the extent the loss is insured and subrogation is waived under the owner's policy. 13. INDEMNITY® Except as provided in paragraph 21 (A) (5) and except for the negligence of Landlord, Tenant will protect, defend and lade snify Landlord from and against all bass, costs, damage and expenses occasioned by, or arising out of, any accident or other occurrence, causing or inflicting injury or damage to any person or property, happening or done in, upon or about the premises , or due directly or indirectly to the tenancy, use or occupancy thereof, or any part thereof by Tenant or any person claiming through er under Tenant. 14, FIRE AND CASUALTY, (a) PARTIAL DESTRUCTION OF PREMISES. In the event of a partial destruction or damage of the premises, which is a business interference which prevents the conducting of a normal business operation and which damage is repairable within 60 days after its occurrences, this lease shall not terminate but the rent for the premises shall abate during the time of such business interference. in the event of a partial destruction, Landlord shall repair such damages within 60 days of its occurrence unless prevented- from doing so by acts of God, government regulations, or other causes beyond Landlord's reasonable control: (b) ZONING. Should the zoning ordinance of the municipality In which this property is located make it impossible for Landlord to repair or rebuild so that Tenant is not able to conduct its business on these premises, then such partial destruction shall be treated as a total destruction as provided in the next paragraph. (c) TOTAL DESTRUCTION QF BUSINESS USE. In the, event of a destruction or damage of the leased premises including the parking area (if parking area is a part of this lease) so that Tenant is not able to conduct its business on the premises or the then current legal use for which the premises are being used and which damages cannot be repaired within 60 days this lease may be terminated et the option of either the Landlord or Tenant. Such termination in such event shall be effected by written notice of one party to the other, within 20 days after such destruction Tenant shalt' surrender possession within 10 days after such notice issues and each party shall be released from all future obligations, and Tenant shall pay rent pro rata only to the date of such destruction_ In the gent of such termination of this lease, Landlord at its option, may rebuild or not, at its discretions. 15. CONDEMNATION. (a) DISPOSITION OF AWARDS. Should the whole or any part of the premises be condemned or taken for any public or quasi -public purpose, each party shall be entitled to retain, as its own property, any award payable to it_ Or in the event that a single entire award is made on account of the condemnation, each party will then be entitled to take such proportion of said award as may be fair and reasonable. (b) DATE OF LEASE TERMINATION. If the whole of the demised premises shall be condemned or taken, the Landlord shall not be liable to the Tenant except and as its rights are preserved in paragraph 15 (a) above. 16. DEFAULT, NOTICE OF DEFAULT AND REMEDIES. EVENTS OF DEFAULT A. Each of the following shall constitute an event of default by Tenant; 1. Failure topayrent when due: 2. Failure to observe or perform any duties, obligations, agreements or conditions imposed on Tenant pursuant to terms of the lease, 3. Abandonment of the premises, "Abandonment" means the Tenant has failed to engage in its usual and customary business activities on the premises for more than fifteen (15) consecutive business days. 4. Institution of voluntary bankruptcy proceedings in which the Court orders relief against the Tenant as a debtor; assignment for the benefit of creditors of the interest of Tenant under this lease agreement; appointment of a receiver for the property or affairs of Tenant, where the receivership is not vacated within ten (10) days after the appointment of the receiver, NOTICE OF DEFAULT S. Landlord shall give Tenant written notice specifying the default and giving the Tenant ten (10) days in which to correct the default. If there is a default (other than for nonpayment of a monetary obligation of Tenant, including rent) that cannot be remedied in ten (1 0) days by diligent efforts of the Tenant, Tenant shall propose an additional period of time in which to remedy the default. consent to additional time shall not be unreasonably withheld by the Landiord. Landlord shall not be required to give Tenant any more than three notices for the same default within any 365 day period. REMEDIES C, In the event Tenant has not remedied a default in a timely manner following a Notice of Default, Landlord may proceed with all available remedies at law or in equity, including but riot limited to the following: 1. Termination, Landlord may declare this lease to be terminated and shall give Tenant a written notice of such termination. In the event of termination of this lease, Landlord shall be entitled to prove claire for and obtainjudgment against Tenant for the balance of the rent agreed to be paid for the term herein provided, plus ail expenses of Landlord in regaining possession of the premises and the reletting thereof, including attorney's fees and court costs, crediting against such claim, however, any amount obtained by reason of such reletting. 2. Forfeiture, If a default is not remedied in a timely manner, Landlord may then declare this lease to be forfeited and shall give the Tenant a written notice of such forfeiture, and may, at the time, give Tenant the notice to quit provided for in Chapter 648 of the Code of Iowa: 17.. RIGHT OF EITHER PARTY TO MAKE GOOD ANY DEFAULT OF THE OTHER. If default shall be made by either party in the performance of, or compliance with, any of the terms or conditions of this lease, and such default shall have continued for thirty (30) days after written notice thereof from one party to the other, the person aggrieved, in addition to all other remedies now or hereafter provided by taw, may, but need not, perform such term or condition, or make good such default and any amount advanced shall be repaid forthwith on demand, together with interest at the rate of 5.0% per annum,from date of advance. 18, SIGNS. (a) Tenant shall have the right and privilege of attaching, painting or exhibiting signs on the leased premises, provided only (1) that any sign shall comply with the ordinances of municipality in which the property is located and the laws of the State of Iowa; (2) such sign shall not change the structure of the'building„' (3) such sign, if and when removed, shall not damage the buirding; and (4) such sign shall be subject to the written approval of the Landlord, which approval shall not be unreasonably withheld. (b) Landlord during the last ninety (90) days of this lease, or extension, shall have the right tomaintain in the. windows or on the building or on the premises ether or both a "For Rent” or "For Safe" sign andTenant will permit, at such time, prospective tenants or buyers to enter and examine the premises. 19. MECHANIC'S LIENS, Neither the Tenant nor anyone claiming by, through, or under the Tenant, shall have the right to file or place any mechanic's liens or other lien of any kind or character whatsoever, upon said premises or upon any building or improvement thereon, or upon the leasehold interest of the Tenant, and notice is hereby given that no contractor, sub -contractor, or anyone else who may furnish any material, service or labor for any building, improvements, alteration, repairs or any part thereof, shall at any time be or become entitled to any lien on the premises, and for the further security of the Landlord, the Tenant covenants and agrees to give actual notice thereof in advance, to any and all contractors and sub -contractors who may furnish or agree to furnish any such material, service or tabor.. 20. LANDLORD'S LIEN AND SECURITY INTEREST (a) Said Landlord shall have, in addition to any lien given by law, a security interest as provided by the Uniform Commercial Code of Iowa, upon all personal property and all substitutions thereof, kept and used on said premises by Tenant. Landlord may proceed at law or in equity with any remedy provided by law or by this lease for the recovery of rent, or for termination of this lease because of Tenant's default in its performance; (b) SPOUSE, If Tenant's spouse is not a Tenant,then the execution of this instrument by Tenant's spouse shall be for the sole purpose of creating a security interest on personal property and waiving rights of homestead, rights of distributive share, and exemptions 6 21, ENVIRONMENTAL. A. Landlord. To the best of Landlord's knowledge to date: 1, Neither Landlord nor Landlords former or present tenants are subject to any investigation ning the premises by any governmental authority under arty applicable federal, state, or local codes, rules and regulations pertaining to air and water quality, the handflrig, transportation, storage, treatment, usage, or disposal of toxic or hazardous substances, air emissions, other environmental matters, and all zoning and other land use matters. 2. Any handling, transportation, storage, treatment, or use of toxic or hazardous substances that has occurred on the premises has been in compliance with all applicable federal, state and local codes, rules and regulations. 3. No leak, spill release, discharge, emission or disposal of toxic or hazardous substances has occurred on the premises. 4. The soil, groundwater, and soil vapor on or under the premises is free of toxic or hazardous substances. 5. Landlord shall assume liability and shall indemnify and hold Tenant harmless against all liability or expense arising from any condition which existed, whether known or unknown, at the time of execution of the lease which condition is not a result of actions of the Tenant or which condition arises after date of execution but which is not a result of actions of the Tenant B. Tenant, Tenant expressly represents and agrees: 1. luring the lease term, Tenant's use of the property will not include the use of any hazardous substance without Tenant first obtaining the written consent of Landlord. Tenant understands arid` agrees that Landlord's consent is at Landlord's sole option and complete discretion and that such consent may be withheld or may be granted with any conditions or requirements that Landlord deems appropriate. 2. During the lease term,; Tenant shall be fully Mable for all costs and expenses related to the use, storage, removal and disposal of hazardous substances used or kept on the property by Tenant, and Tenant shall give immediate notice to Landlord of any violation or any potential violation of any environmental regulation, rule, statute or ordinance relating to the use, storage or disposal of any hazardous substance 3. Tenant, at its sole cost and expense, agrees to remediate, correct or r'emov from the premises airy contamination of the property caused by any hazardous substances which have been used or permitted. by Tenant on the premises during any term of this lease, remediation, eorrection or removal shall be in a safe and reasonable manner, and in conformance with all applicable laws, rules and regulations. Tenant reserves all rights allowed by law to seek indemnity or contribution from any person, other than Landlord, who is or may be liable for any such post and expense. 4. Tenant agrees to indemnify and hold Landlord harmless from and against all claims, causes of action, damages, loss, costs, expense, penalties, fines, lee/suits, liabilities, attorney fees, engineering and consulting fees, arising out of or in any manner connected with hazardous substances, which are caused or created by Tenant on or after the date of this lease and during any terra of this lease, including, but not limited to, injury or death to persons or damage to property, and including any diminution of the value of any leased premises which may result from the foregoing, This indemnity shall survive the cessation, termination, abandonment or expiration of this lease. 22. SUBSTITUTION OF EQUIPMENT, `MERCHANDISE ETC. (a) During its tenancy, the Tenant shall have the right to sell or otherwise dispose of any personal property of the Tenant situated on the premises, when in the judgment of the Tenant it shall have become obsolete, outworn or unnecessary in connection with the operation of the business on the premises; provided, however, that the Tenant shall, in such instance (unless no substituted article or item is necessary) at its own expense, substitute for such items a new or other item in substitution thereof, in like or greater value. (b) Nothing herein contained shall be construed as denying to Tenant the right to dispose of inventoried merchandise in the ordinary course of the Tenant's trade or business. 23. RIGHTS CUMULATIVE. The various rights, powers, options, elections and remedies of either party, provided in this lease, shall be construed as cumulative and rio one of them as exclusive of the others, or exclusive of any rights, remedies or priorities allowed either party by law, and shall in noway affect or impair the 7' right of either party to pursue any other equitable or legal remedy to which either party may be entitled as long as any default remains in any way unremedied, unsatisfied er undischarged. 4. NOTICES AND DEMANDS. Notices as provided for in this lease shall be given to the respective parties hereto at the respective addressee designated on page one of this lease unless either party notifies the other, in writing, of a different address. Without prejudice to any ether method of notifying a party in writing or making a demand or other communication, such message shall be considered given under the terms of this lease when sent, addressed as above designated, postage prepaid, by ceitied mall deposited in a United States mail box, 25. PROVISIONS TO BIND AND BENEFIT SUCCESSORS, ASSIGNS, ETC, Each and every covenant and agreement herein contained shall extend to and be binding upon the respective successors, heirs, administrators, executors and assigns of the parties; except that if any part of this lease is held in joint tenancy, the successor in interest shall be the surviving joint tenant, 26. CHANGES TO BE IN WRITING. None of the covenants, provisions, terms or conditions of this lease shall be modified, waived or abandoned, except by a written instrument duly signed by the parties. This lease contains the whole agreement car the parties. 27. RELEASE OF DOWER. Spouse of Landlord appears as a signatory to this lease solely for the purpose of releasingdower, or distributive share, unless, said spouse is also a co-owner of an interest in the leased premises. 28. CONSTRUCTION, Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, and as masculine, feminine or neuter gender according to the context, 29. CERTIFICATION, Tenant certifies that It is not.acting, directly or indirectly, for or on behalf of any person, group, entity or nation named by any Executive Order er the United States Treasury Department as a terrorist, 'Specially Designated National and Blocked Person" or any other banned or blocked person, entity, nation or transaction pursuant to any law, order, rule or regulation that is enforced or administered by the Office of Foreign Assets Control; and it is not engaged in this transaction, directly or indirectly on .behalf of, or instigating or facilitating this transaction, directly or indirectly on behalf of, any such person, .group, entity or nation, Tenant hereby agrees to defend, indemnify and hold harmless Landiord from and against any and all claims, damages, losses, risks, liabilities and expenses (including attorneys fees and costs) arising from or related to any breach of the foregoing certification,. 30, ADDITIONAL. PROVISIONS. Please see the attached Addendum A. IN RIDGE WATER,INC. THECITY OF DUBU Qsi 'p*TENANT LANDLORD (and spouse if 2O(b) is applicable) (and spouse tf 27 is applicable) CUI riii /4/40“261_, [ATTACH APPROPRIATE ACKNO LEDO 8 ENI DERE.] SPOUSE `'-'-~ ADDENDUM A TO LEASE - BUSINESS PROPERTY Tenant shall have access to buildings and structures located on the real estate described herein and is hereby provided with an access easement for ingress and egress to said buildings and structures across the existing dirtlgravel drive, which runs from Timothy Street approximately 500 feet to the buildings located on the property. Said gravel drive shall remain unobstructed. Landlord shall have no obligation to conduct snow removal on said gravel drive. Tenant shall have the right but not the obligation to conduct snow removal on said gravel drive. Twin Ridge shall be entitled to assign all rights under this Lease Agreement and Addendum thereto to Daniel Mueller, Thomas Mueller and Grace M. Mueller Revocable Family Trust at its discretion. This Lease shall remain in effect for a period of three (3) years, However. in the event the City decides to remove or destroy said buildings, after the expiration of one (1) year following the date of this Lease Agreement, then. this Lease may be terminated upon an earlier date, more than one (1) year following the date•of closing, with a minimum of ninety (90) days written notice of intent to terminate directed to Twin Ridge andfor Twin Ridge's assigns. WF,Dtmad!iqCNT,Iwin,R4ge.V4t,t- ':/.4.4e!Iduiht4134§iiii4 t4:W;lik'4 Doc ID: 008348570002 Type: GEN Kind: LEASE Recorded: 11/18/2015 at 02:59:56 PM Fee Amt: $12.00 Page 1 of 2 Dubuque County Iowa John Murphy Recorder Fi1e2015_00014782 Prepared By and Return To: Jennifer A. Clemens -Conlon - AT0001534 2080 Southpark Court, Dubuque, IA 52003 (563) 582-2926 ASSIGNMENT OF INTEREST IN LEASE - BUSINESS PROPERTY For One Dollar ($1.00) and other valuable consideration, the undersigned, Twin Ridge Water, Inc., hereby transfers, assigns and sets over to Dubuque Southgate Investments, Ltd. all right, title and interest in and to a certain Lease -Business property dated the 16th day of November, 2015 by and between the City of Dubuque ("Landlord") and Twin Ridge Water, Inc. ("Tenant") relating to a premises described as: Buildings located on Lot B of Twin Ridge Subdivision No. 5, in Section 12, and Lot 2 of 1 of the Southwest 1/4 of the Southwest 1/4 of Section 12, all in Table Mound Township, T88N, R2E of the 5th P.M., Dubuque County, Iowa. In consideration for the assignment of Twin Ridge Water Inc.'s rights under said Lease -Business Property, Dubuque Southgate Investments, Ltd. agrees to and does assume, indemnify and hold Twin Ridge Water, Inc., harmless from any and all obligations on said Lease -Business Property. Dated this \ (O day of t , 2015. TENANT/ASSIGNEE: DUBUQUE SOUTHGATE INVESTMENTS, LTD. TENANT/ASSIGNOR: TWIN RIDGE WATER, INC. By: {)Our1 I = IM ue1 t P tr P rc tdev►t By: �l Davin v1u.(442-- J. VctIcV, Pre-ste1ee&' 1- hviaG, m. By: Gree Vy1. VV1tAGt Ie - Sex-trtu.t Page 1 of 2 ^IIo 0 ics) 04'C C►et' ACCEPTANCE, ASSIGNMENT AND RELEASE The undersigned, City of Dubuque ("Landlord"), under a Lease -Business Property as more specifically described in the Assignment of Interest to which this Acceptance, Assignment and Release is a part, hereby provides its written consent to this assignment in accordance with paragraph 9 of the Lease -Business Property and further in accordance with Addendum A to the Lease -Business Property. By the Landlord's signature herein, the Landlord provides a specific release in writing terminating any liability of Twin Ridge Water, Inc. under the terms of the Lease -Business Property. s:\WP\Dena\JACC\Twin Ridge Water, Inc \Assignment of Lease. docx CITY OF DUBUQUE Page 2 of 2