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Pre-Annexation Agreement- IADU Table Mound MHP, LLC (d/b/a RV Horizons) Copyrighted March 18, 2019 City of Dubuque Action Items # 3. ITEM TITLE: Pre-AnnexationAgreement- IADU Table Mound MHP, LLC SUMMARY: City Manager recommending approval of a Pre-Annexation Agreementwith IADU Table Mound MHP, LLC doing business as RV Horizons for the Table Mound Trailer Park, in conjunction with a request to connect to City water and sewer. RESOLUTION Approving a Pre-AnnexationAgreement betweenthe Cityof Dubuque, lowaand David H. Reynolds, President, RV Horizons, Inc. RESOLUTION Amending Resolution No. 201-18 Approving a Memorandum of Understanding between the Cityof Dubuque and IADU Table Mound MHP, LLC for repairs and improvements to its water distribution and sanitary sewer collection system SUGGESTED DISPOSITION: Suggested Disposition: Receiveand File;Adopt Resolution(s) ATTACHMENTS: Description Type IADU Table Mound Pre-Annexation Agreement-MVM City Manager Memo Memo Staff Memo on Pre-Annexation Agreement Staff Memo Staff Memo on Memorandum of Understanding Staff Memo Vicinity Map Supporting Documentation Pre-AnnexationAgreement Supporting Documentation Resolution for Pre-Annexation Agreement Resolutions Memorandum of Understanding Supporting Documentation Amended Resolution for Memorandum of Resolutions Understandi ng THE CITY OF Dubuque � AIFA�erlwGh UB E '�� III► Masterpiece on the Mississippi Z°°'�w'2 7A13 2017 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Pre-Annexation Agreement — IADU Table Mound MHP, LLC DATE: March 15, 2019 Planning Services Manager Laura Carstens is recommending approval of a Pre- Annexation Agreement with IADU Table Mound MHP, LLC doing business as RV Horizons for the Table Mound Trailer Park, in conjunction with a request to connect to City water and sewer. RV Horizons has had interactions with the lowa Department of Natural Resources related to the adequacy of their sanitary sewer treatment facility and this connection to City utilities should assist in resolving these issues. The City's situation with the Central lowa Water Association (CIWA) has demonstrated to the City what can happen if the IDNR identifies environmental issues in either private water or sanitary sewer systems and the City does not agree to try and facilitate a solution. While the City did resolve this dispute with CIWA by purchasing their system in Dubuque County for less money than the City would have spent to build the system, this was only after significant negotiations and litigation and was an unplanned expenditure for the City. An error was also discovered in the resolution approved as part of the Memorandum of Understanding approval process in July 2018. Assistant City Attorney Maureen Quann is recommending an amendment to this resolution, making it clear that connection to City utilities cannot occur by RV Horizons, or any other affected party, until a pre- annexation agreement is executed. I concur with the recommendations and respectfully request Mayor and City Council approval. �L;� 1��, ��.� Mic ael C. Van Milligen �� MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Teri Goodmann, Assistant City Manager Cori Burbach, Assistant City Manager Laura Carstens, Planning Services Manager Denise Blakeley Ihrig, Water Department Manager Gus Psihoyos, City Engineer 2 THE CTTY OF Dubuque �" ui��eNe�ary DUB E 'il��i;' Masterpiece on the Mississippi Z°°' Z°'Z 2013 2017 TO: Michael Van Milligen, City Manager FROM: Laura Carstens, Planning Seroices Manager �� SUBJECT: Pre-Annexation Agreement — IADU Table Mound MHP, LLC DATE: March 15, 2019 INTRODUCTION This memo transmits for the City Council review and approval a pre-annexation agreement with IADU Table Mound MHP, LLC (IADU Table Mound), doing business as RV Horizons, property owner of the Table Mound Mobile Home Park, for 34.65 acres of property located outside the City limits. IADU Table Mound executed a Memorandum of Understanding (MOU) with the City of Dubuque in 2018. IADU Table Mound has requested connection to City water and sanitary sewer, which requires a pre-annexation agreement. The agreement, resolution, MOU and related materials are attached. DISCUSSION The subject property is located adjacent to the City of Dubuque corporate limits, and as part of connecting to City utilities, a pre-annexation agreement must be signed prior to connecting to City utilities. 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 10-year transition of City share of property taxes. The City Council approved a Memorandum of Understanding (MOU) with the IADU Table Mound on July 2, 2018, with the following terms, conditions and responsibilities: • After completion of improvements to the Table Mound System, when its water and sanitary sewer components are deemed compliant with both lowa Department of Natural Resources (IDNR) requirements and City standards, Table Mound will dedicate portions of the Table Mound system to the City for operation as part of the City's water distribution and sanitary sewer collection systems. • After improvements have been made, the Table Mound System will be connected to the City's water distribution and sanitary sewer collection system. Customers served by the existing Table Mound System will then be served by the City's water distribution and sanitary sewer collection systems after connection. RV Horizons, LLC Pre-Annexation Agreement Page 2 . The City will accept portions of the Table Mound systems after the systems meet IDNR requirements and City standards and will serve customers located within the Table Mound System. . Table Mound will engage and enter into a contract with a professionally-licensed engineering and design firm to design all improvements and pertorm any necessary repairs to bring the Table Mound system into compliance with IDNR rules and City standards. . City will consult with Table Mound and any engineering firms and contractors Table Mound engages to ensure compliance with IDNR regulations and City standards. City's role will be limited strictly to consultation. All contractors, plumbers, engineers, and other professionals will work with, contract with, and be paid by Table Mound. . Table Mound will engage any licensed plumbers and contractors' necessary to complete all improvements, repairs, construction, and installation, and connection necessary to bring the Table Mound system into compliance with IDNR rules and City standards. . Table Mound will be financially responsible for the costs associated with the repair, construction, improvement, and installation of the Table Mound system until certain portions are dedicated to and accepted by the City. . Table Mound Mobile Home Park will sign pre-annexation documents committing the land comprising the Table Mound Mobile Home Park to future annexation to the City at some unknown future date, as determined by the City. There are three areas served by the Table Mound Water System: Table Mound Mobile Home Park No.1 , Kerrigan Heights Subdivision, and seven businesses on Rockdale Road. Table Mound will retain ownership of a portion of the water distribution and sanitary sewer collection system running through the private property of the mobile home park. Table Mound will operate and maintain the private portion of the systems. The portion of systems serving and running through and within Kerrigan Heights will be dedicated to and accepted by the City at the conclusion of repairs, improvements, construction, installation and connection, and will be owned, operated, and maintained by the City. Rockdale Road water system will be disconnected from Kerrigan Heights water system, capped and abandoned per lowa Department of Transportation standards under the highway right-of-way. Seven properties on Rockdale Road were connected to the Table Mound System during negotiation of the MOU. A Table Mound System water main broke under Highway 151/61 in May 2018. Consequently, the Table Mound water main on Rockdale Road was abandoned on May 15, 2018. Immediately following the main break, these seven properties were served by the City's water distribution system via a temporary emergency connection. RV Horizons, LLC Pre-Annexation Agreement Page 3 Three of these properties are located within the City, and the other four properties are located outside City limits. Two of the properties located within the City permanently connected to the City's water distribution system. The remaining property located in the City elected to use an alternate water supply. This property is owned by Leonard Funeral Home and will be torn down. All four of the properties outside the City limits connected permanently to the City's water distribution system. Pre-annexation agreements for these four properties were previously approved by the City Council at its October 15, 2018 and November 5, 2018 meetings. After improvements have been made in Table Mound's system are compliant with IDNR and City standards, the Table Mound systems will be connected to the City's water distribution and sanitary sewer collection systems. The MOU specifically addresses how the systems will be connected and billing procedures after connection. It also addresses if Table Mound would request, in the future, the billing for the Table Mound Mobile Home Park be taken over by the City. Also, Table Mound will install City- approved water meters and all necessary metering or meter-interfacing units in Kerrigan Heights. Final disposition for individual Kerrigan Heights residents are at their discretion as they will need to sign pre-annexation agreements to connect to the City of Dubuque water and sewer. RECOMMENDATION I recommend the City Council approve the IADU Table Mound MHP, LLC pre- annexation agreement and authorize the Mayor to sign the agreement on behalf of the City of Dubuque. Thank you. Enclosures cc: Crenna Brumwell, City Attorney Maureen Quann, Assistant City Attorney Gus Psihoyos, City Engineer Denise Ihrig, Water Department Manager Jean Nachtman, Finance Director Jenny Larson, Budget Director THE CTTY OF Dubuque �" ui��eNe�ary DUB E '�I}Ijl� Masterpiece on the Mississippi �°' Z°'Z 2013 2017 MAUREEN A. QUANN, ESQ. ASSISTANT CITY ATTORNEY To: Mike Van Milligen City Manager Dare: March 14, 2019 Re: Proposed Amended Resolution No. 201-18 Introduction This memorandum proposes consideration of an amendment to Resolution No. 201-18 previously approved by the City Council on July 2, 2018. Background On July 2, 2018, the City Council approved a Memorandum of Understanding (MOU) between the City of Dubuque and IADU Table Mound MHP LLC. The MOU set forth the terms and conditions by which the Table Mound water distribution and sanitary sewer collection systems would be improved and connected to the City of Dubuque's water distribution and sanitary sewer collection systems. The resolution approving this MOU was Resolution No. 201-18. Many customers who will permanently connect to and receive service from the City of Dubuque's water distribution and sanitary sewer collection systems because of this MOU reside outside Dubuque's city limits. To receive water and sewer services, these customers outside the city limits must sign pre-annexation agreements. Resolution No. 201-18 does not state this requirement. To expressly state this requirement for utility service, Resolution No. 201-18 should be amended. Discussion The seventh WHEREAS clause in Resolution No. 201-18 currently states: WHEREAS, after improvements have been made and the IADU Table Mound MHP, LLC's water distribution and sanitary sewer collection system is deemed compliant with lowa Department of Natural Resources requirements and City of Dubuque standards,the IADU Table Mound MHP, LLC's water distribution and sanitary sewer collection system will be OFFICE OF THE CITYATTORNEY DUBUQUE, IOWA SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944 TELEPHONE (563)589-4381 /Fnx (563)583-1040/Ennni� mquann@cityofdubuque.org connected to the City of Dubuque's water distribution and sanitary sewer collection system. Customers served by the existing IADU Table Mound MHP, LLC system will be served by the City of Dubuque's water distribution and sanitary sewer collection systems after connection; and The proposed amendment affects only the seventh WHEREAS clause, which would state as follows: WHEREAS, after improvements have been made and the IADU Table Mound MHP, LLC's water distribution and sanitary sewer collection system is deemed compliant with lowa Department of Natural Resources requirements and City of Dubuque standards, the IADU Table Mound MHP, LLC's water distribution and sanitary sewer collection system will be connected to the City of Dubuque's water distribution and sanitary sewer collection system. Customers served by the existing IADU Table Mound MHP, LLC system will be served by the City of Dubuque's water distribution and sanitary sewer collection systems after connection and upon execution of pre-annexation documents if customers are located outside the Citv limits; and The newly proposed language is underlined and italicized for easy reference. The proposed amended resolution and original materials submitted to City Council at the July 2, 2018 meeting, including Resolution No. 201-18, are attached. Recommendation I recommend that the proposed amendment to Resolution No. 201-18 is forwarded to the City Council for review, consideration, and approval. MAQ:jmm Attachment cc: Laura Carstens, Planning Services Manager Denise Ihrig, Water Department Manager 2 Dubuque �'iry� j THE CI'CY OP 9°��Fy�R DUB E I��j I. ,, ., �� ., _ -, � `e� p Masterpiece on flie Mississippi ;�.;o;; Ai10, GP��P ,,,,,�� CROSSHILLpR 4 �-. �� Vicinity Map �� , ` , \ � ��'_' \ SOUT "�� r am"° `1\ Hap�NlE�F ��,,� _ r� p 1 � __ �� — \ i �� L—� I_�_��paEe's r--------+ ''•. s� ��'' � `` ; � STONEHILLDR ��' ey , � ��,` 0.SNUHYrzD O I ♦ r � I' / w' -��i Q / � ',, I'__t �..nl I�. I i � Y% � ^ 'p, � y I �,� W�GESi ___________ I� �✓ � I I ��, ` r'r � J ` n' `� / ♦ I�—It_ �� — � 1 �i �ncoes sr ✓ j e� �?i�l �Y--",� I � i ��'—.' — �. � i i i_� � � iI i � i� � i I �� — I ;� ��, �4 '•�� +'� '_- NOONANST City of Dubuque : ��. i JOHN ST �� Applicant: David H. Reynolds, TERRACEOR President, RV Horizons, Inc. �, �, ♦ op Location: Table Mound Mobile Home Park ��,J� MAouOkE7q0R �9ryoE�ejCT�R Description: Pre-AnnexationAgreement i o a 'koNr/CFLco�R . ...l�: u 1��i Clfy IIfT11t5 C Parcels � Subject Property _.� �ii DISCLAIMER:TM1isinformalionwa ompiletlusing�M1e DubuqueNea GeOg�dpMc Info�ma�ion Sys�em(�AGIS),w�i[� N ma�de:ea�a«ea�ed nv emn me cay or o�n�a�e eoa � Dubupue County. It is unaerstootl tnal,wnlle IM1e GIy oi Dubuque antl particl0aling agencies u�ilizetl�he moA curtent entl accu2le info�matlon avalle�le.�AGIS end I5 suppllers Do nol werrent tbe eoeurary or cmrency of t�e Infaime�lon or dete ron�einedM1erein. TheCiryandparlicipefingegenciessM1allnot bP IIEIG IIdbIP 1OI01ty GIfELI.111UIfEC�.1�CICP�IdI,C0115PGUPIIIIdI. 0 250 500 1,OU0 puniove,orspecielee�m�eges,whemerforeseeebleor �;5,000 mforeseeeble.asin [of�M1eeut�onredoruneut�orized use oi Nis tlala or tne inabl Ilry to use IM1is tlale or out of any Feet ereacn orwamanry wnalsoever. 1111#111111111111111111111111111111111111111111111311111 11111111111i1 Doc ID: 010258600017 Type: GEN Kind: AGREEMENT Recorded: 03/20/2019 at 02:10:44 PM Fee Amt: $87.00 Page 1 of 17 Dubuque County Iowa John Murphy Recorder F11e2019- 00402764 Prepared by Maureen A. Quann, 300 Main Street, Suite 330 Dubuque, IA 52001563-589-4381 Return to Kevin S. Firnstahl, 50 West 13th Street, Dubuque, IA 52001 563-589-4120 PRE -ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND IADU TABLE MOUND MHP LLC T is Pre -Annexation A reement (the "Agreement"), dated for reference purposes the 117clay of 411. , 201 , is made and entered into by and between the ity. of Dubuque, Iowa ("City") and 'ADO Table Mound MHP LLC ("Owner"). Whereas, Owner is the legal owner of real estate legally described as: Lot 2 of the north one half of the north east 1/4 of Section 12, Township 88 North, Range 2, East of the 5th P.M., in Dubuque County, Iowa, according to recorded Plat thereof; Lot 43, except the south 10 feet thereof; Lots 44 and 44A; Lot 1 of lot 1 of lot 51 in Kerrigan road Heights, in Table Mound Township, Dubuque County, Iowa, according to the respective recoded Plats thereof; Lot 1 of lot 1 of lot 4 in Annie Waller's Subdivision No. 2, in Sections 1 & 12, in Township 88 North, Range 2 East of the 5th P.M., in Dubuque County, Iowa, according to the recorded Plats of said respective Subdivisions, EXCEPT portions thereof taken by the State of Iowa, in Condemnation Proceedings, in Book of Lands #58, Page 70 et seq., records of Dubuque County, Iowa; and Lot 1 of Table Mound Mobile Home Park No. 3, in the City of Dubuque, Iowa, according to the recorded Plat 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 2-)QD Li - Lk ; i1 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. 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. la The term of this Agreement is from the day of , 201S 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. 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 the right to withdraw or rescind the Petition and hereby waives the right to withdraw its consent to the Petition and waives its right to object to annexation. 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 2 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. 6.1 Upon annexation, Owner, Owner's heirs, successors and assigns, including but not limited to, the future owners of the Real Estate will obtain City water services to the Real Estate. 6.2 If Owner, Owner's heirs, successors and assigns, including but not limited to, the future owners of the Real Estate, obtain water services from a rural water provider prior to annexation, Owner must use City water services to provide water to the property upon annexation. For provision of such future City water services to the Real Estate, the Owner, the Owner's heirs, successors and assigns, including but not limited to, the 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 and 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 Owner, Owner's heirs, successors and assigns, including but not limited to the future owners of the Real Estate own, operate, and maintain a private well or water system to supply water to the Real Estate, Owner, Owner's heirs, successors and assigns, including but not limited to the future owners of the Real Estate will be allowed to keep, maintain, and replace such well or water system indefinitely upon annexation, if Owner, Owner's heirs, successors and assigns, including but not limited to the future owners of the Real Estate choose to do so. However, such a pre-existing well will be allowed for non -potable water only. Potable water will be provided by City water services. SECTION 7. OTHER CITY SERVICES. 7.1 Upon annexation, Owner, Owner's heirs, successors and assigns, including but not limited to, the future owners of the Real Estate will for provision of future construction of street paving, curbs and guttering, storm sewers, water mains, sanitary 3 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, Owner's heirs, successors and assigns, including but not limited to the 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. 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, Owner's heirs, successor or assigns, including but not limited to the future owners of the Real Estate will be required to connect to such public sanitary sewer. However, Owner, Owner's heirs, successors or assigns will not be required to connect to the public sanitary sewer 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 is able and elects to receive public sanitary sewer services from the City prior to annexation, Owner will pay the regular City sanitary sewer rate paid by all other City residents for such services. 4 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 will 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. SECTION 10. DEFAULT. 10.1 Failure by Owner 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 occurs and is continuing, City may take any one or more of the following actions after giving written notice by City to Owner 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 Owner does not provide assurances to City 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 from Owner, deemed adequate by City, that Owner will cure its default and continue its performance under this Agreement; (2) City may cancel and rescind this Agreement; (3) Owner will reimburse City for all amounts expended by City in connection with the Agreement, and City may take any action, including any legal action it deems necessary, to recover such amounts from Owner; (4) City may take any action, including legal, equitable or administrative action, which may appear 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 13th Street Dubuque, Iowa 52001 5 If to Owner: David Reynolds Attention: Legal Department P.O. Box 457 Cedaredge, CO 81413 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 IADU - E MOUND i HP, LLC y: Roy D. Buol, )'Mayor Davi. . Reynolds President, RV Horizons, Inc. By: Y ATTEST: Kevin Firnstahl, City Clerk On this j day of , 201P,before me, a Notary Public in and for said state, personally appeared Roy D. Buol and Kevin S. Firnstahl known to me to be the person(s) named in and who executed the foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. RISH L. GLEASON Commission Number 719986 My Commission Expires Notary Public in the State of Iowa My Commission expires •)• On this 3/ day of c.,,,ic% CiLGr , 201 before me, a Notary Public in and for said state personally appeared Dvid H. Reynolds known to me to be the person(s) named in and who executed the foregoing instrument, and acknowledge that they executed the same as their voluntary act and deed. KIRST_N RcV 4OLDS No:ary?dd is - Sae of Co cradc Nc;ar:ID 2010401104E My Commission Expires Mar 8, 2022 6 Notary Publi drA- the State of-Iowa-Coo_cio My Commission expires Mar. 2022 ATTACHMENTS EXHIBIT A: Legal Description and Map of Area to be Annexed EXHIBIT B: Petition for Annexation Lot 2 of the north one half of the north east 1/4 of Section 12, Township 88 North, Range 2, East of the 5th P.M., in Dubuque County, Iowa, according to recorded Plat thereof; Lot 43, except the south 10 feet thereof; Lots 44 and 44A; Lot 1 of lot 1 of lot 51 in Kerrigan road Heights, in Table Mound Township, Dubuque County, Iowa, according to the respective recoded Plats thereof; Lot 1 of lot 1 of lot 4 in Annie Waller's Subdivision No. 2, in Sections 1 & 12, in Township 88 North, Range 2 East of the 5t" P.M., in Dubuque County, Iowa, according to the recorded Plats of said respective Subdivisions, EXCEPT portions thereof taken by the State of Iowa, in Condemnation Proceedings, in Book of Lands #58, Page 70 et seq., records of Dubuque County, Iowa; and Lot 1 of Table Mound Mobile Home Park No. 3, in the City of Dubuque, Iowa, according to the recorded Plat thereof. , f „ ArcGIS Web h�a� V ,, , ,, ., .. � ,,.n �iJ �, W"` ""` %i` v a:� ... • � . �� . � I�f y�+11.�'�c7� •I '� � �y i �� o�r+r { �, aa.+. �. �'' , I r / 7 vt T ♦, � r. ^ ^ riq p � *' � . <. . , , .�•t,��^, ti T,,�.—.—f _ _ �t s�� ` ,�, �,�.�y� '- yyy u' �' ... 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' ..� `.§Y �'' M S122i2098 9 0�:?_3 `,aUi 1:4,OOG � _ � o o� � - � , i ��; Public Land Survey Townships -- Parcels � �_ �� _ � G q.04 0.0`� il,�6km �k...� COLI[l�/ BOUIldBfy ..r�., �o.,u�r,��nu=rc�u�,ry,m�,�o va�onuve��me�ro�nin;i; hJ vuYu�ux roupll G 6 9 DATE FILED EXHIBIT B PETITION FOR ANNEXATION TO: Mayor and City Council of the City of Dubuque, Iowa Board of Supervisors, Dubuque County, Iowa The Petitioners Respectfully State 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 us 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 the right to withdraw or rescind this Petition and hereby waive the right to withdraw consent to this Petition and waive the right to object to annexation. Signed on this day of , 20 Telephone: Telephone: Subscribed and sworn before me this day of , 20 Notary Public ATTACHMENTS: EXHIBIT B-1: Legal Description and Map of Area to be Annexed EXHIBIT B-2: Pre -Annexation Agreement 10 EXHIBIT B-1 LEGAL DESCRIPTION AND MAP OF AREA TO BE ANNEXED Lot 2 of the north one half of the north east 1/4 of Section 12, Township 88 North, Range 2, East of the 5th P.M., in Dubuque County, Iowa, according to recorded Plat thereof; Lot 43, except the south 10 feet thereof; Lots 44 and 44A; Lot 1 of lot 1 of lot 51 in Kerrigan road Heights, in Table Mound Township, Dubuque County, Iowa, according to the respective recoded Plats thereof; Lot 1 of lot 1 of lot 4 in Annie Waller's Subdivision No. 2, in Sections 1 & 12, in Township 88 North, Range 2 East of the 5th P.M., in Dubuque County, Iowa, according to the recorded Plats of said respective Subdivisions, EXCEPT portions thereof taken by the State of Iowa, in Condemnation Proceedings, in Book of Lands #58, Page 70 et seq., records of Dubuque County, Iowa; and Lot 1 of Table Mound Mobile Home Park No. 3, in the City of Dubuque, Iowa, according to the recorded Plat thereof. 12 ArcGIS Web I�ap . . � � ,�� . ,j W � . . .�w . . - r � X'' `'� '� ° �"a �, r � 4< � �'M � ] �� 1 �F� { : . �� .�Yil��l j. ;,, a , � , i r-� � z.,:w .� � � � ��" 4 , .� % �. _ f e.. � �. ^ a"w— '*"„� �g r w w.,'- �. _.._ ..,, .. °'�,,"a �:�:: , .«, �.: ... r tz �. , . q - - i. � . : . . , �� u _ ... . !.�1� �,. �y. � ' Y °,. —w. . - w, � �. �.^i��"T!F-i �+�^�"4��""^�� t d -.e� �� w 'r. - _ta a �� .. .i :�Ud �# � 4 �� i � E �� ! 4^s;�` ,s,�''r., �. 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REYNOLDS, PRESIDENT, RV HORIZONS, INC. Whereas, David H. Reynolds, President, RV Horizons, Inc., the owner of the following described property 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 2 of the north one-half of the north east'/ of Section 12, Township 88 North, Range 2, East of the 5th P.M., in Dubuque County, Iowa, according to recorded Plat thereof; Lot 43, except the south 10 feet thereof; Lots 44 and 44A; Lot 1 of Lot 1 of Lot 51 in Kerrigan Road Heights, in Table Mound Township, Dubuque County, Iowa, according to the respective recorded Plats thereof; Lot 1 of Lot 1 of Lot 4 in Annie Waller's Subdivision No. 2, in Sections 1 & 12, in Township 88 North, Range 2 East of the 5th P.M., in Dubuque County, Iowa, according to the recorded Plats of said respective Subdivisions, EXCEPT portions thereof taken by the State of Iowa, in Condemnation Proceedings, in Book of Lands #58, Page 70 et seq., records of Dubuque County, Iowa; and Lot 1 of Table Mound Mobile Home Park No. 3, in the City of Dubuque, Iowa, according to the recorded Plat thereof. Whereas, David H. Reynolds, President, RV Horizons, Inc. 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 David H. Reynolds, President, RV Horizons, Inc. and the City of Dubuque is hereby approved. Passed, approved and adopted this 18th day of March 2019. By: ATTEST: By: Kevin S. Firnstahl, City Clerk Roy [Buol, Mayor CERTIFICATE of tfie CITY CLERK STATE OF IOWA ) 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. 105-19 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 19th day of March, 2019. Kevi `` S. Firnstahl, CMC, City Clerk 11 11 11 11 11 11 11 11 11 Doc ID. 010258610004 Type GEN Kind: AGREEMENT Recorded: 03/20/2019 at 02:11:08 PM Fee Amt: $22.00 Page 1 of 4 Dubuque County Iowa John Murphy Recorder Fi1e2019_00002765 Prepared by Maureen A. Quann, 300 Main Street, Suite 330 Dubuque, IA 52001 563-589-4381 Return to Kevin S. Firnstahl, 50 West 13th Street, Dubuque, IA 52001 563-589-4120 COVENANT ASSESSMENT OF COSTS OF IMPROVEMENTS THIS COVENANT AND AGREEMENT, made and entered into effective the Eay of /��+, � , 20Artetween the City of Dubuque, Iowa (hereinafter ;ailed "City"), and the IADU Table Mound MHP LLC (hereinafter called "Owner"),its heirs, successors and assigns, WITNESSES: WHEREAS, the aforesaid Owner has applied to the City for approval of a subdivision plat of an area of land described as follows ("the Real Estate"): Lot 2 of the north one half of the north east 1/4 of Section 12, Township 88 North, Range 2, East of the 5th P.M., in Dubuque County, Iowa, according to recorded Plat thereof; Lot 43, except the south 10 feet thereof; Lots 44 and 44A; Lot 1 of lot 1 of lot 51 in Kerrigan road Heights, in Table Mound Township, Dubuque County, Iowa, according to the respective recoded Plats thereof; Lot 1 of lot 1 of lot 4 in Annie Waller's Subdivision No. 2, in Sections 1 & 12, in Township 88 North, Range 2 East of the 5th P.M., in Dubuque County, Iowa, according to the recorded Plats of said respective Subdivisions, EXCEPT portions thereof taken by the State of Iowa, in Condemnation Proceedings, in Book of Lands #58, Page 70 et seq., records of Dubuque County, Iowa; and Lot 1 of Table Mound Mobile Home Park No. 3, in the City of Dubuque, Iowa, according to the recorded Plat thereof. WHEREAS, said land is within two (2) miles of the City, subject to the jurisdiction of the City for plat approval. NOW, THEREFORE, the parties hereto agree that: 1. This agreement is made for the purpose of meeting the subdivision regulations and plat approval requirements of the City for approval of the subdivision plat of the Real Estate. 2. In anticipation of the possibility that the City may at some time deem it to be in the public interest to cause construction of street paving, curbs and 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, the Owner does hereby covenant and agree that by execution of this instrument Owner, its heirs, successors and assigns, including purchasers of the Real Estate, and each of them, shall pay and are bound to pay to the City, the costs of the aforesaid improvements assessed to the Real Estate, by action of the governing body for the City, after notice of hearing as provided by section 384.50 Code of Iowa, the provisions of 384.38 Code of Iowa notwithstanding. 3. It is understood and agreed that if and when the governing body of the City conducts a hearing on a proposed resolution or necessity to assess public improvement costs to the Real Estate, the Owners of the Real Estate may then appear before the governing body of the City and be heard. The foregoing provisions encumber the Real Estate described as: Lot 2 of the north one half of the north east 1/4 of Section 12, Township 88 North, Range 2, East of the 5th P.M., in Dubuque County, Iowa, according to recorded Plat thereof; Lot 43, except the south 10 feet thereof; Lots 44 and 44A; Lot 1 of lot 1 of lot 51 in Kerrigan road Heights, in Table Mound Township, Dubuque County, Iowa, according to the respective recoded Plats thereof; Lot 1 of lot 1 of lot 4 in Annie Waller's Subdivision No. 2, in Sections 1 & 12, in Township 88 North, Range 2 East of the 5th P.M., in Dubuque County, Iowa, according to the recorded Plats of said respective Subdivisions, EXCEPT portions thereof taken by the State of Iowa, in Condemnation Proceedings, in Book of Lands #58, Page 70 et seq., records of Dubuque County, Iowa; and Lot 1 of Table Mound Mobile Home Park No. 3, in the City of Dubuque, Iowa, according to the recorded Plat thereof. 4. This covenant and agreement shall be filed for record in the office of the Dubuque County Recorder and all covenants, agreements, promises and representations herein stated shall be deemed to be covenants running with the Real Estate and shall endure and be binding on the parties hereto, their mortgagees, lienholders, successors and assigns, for a period of twenty-one (21) years from the date of the recording of these covenants, unless claims to continue any interest in the covenants and filed as provided by law. The City shall have the right to file a claim to continue its interest in these covenants. 5. Invalidation of any of these covenants by judgment or court order shall in no way affect any of the other provisions, which shall remain in full force and effect. 6. ' It is City's current policy that Owner may elect, at the time of annexation, to dedicate any streets on the Real Estate to City, or to maintain any streets on the Real Estate as private streets. If Owner maintains as private streets, City will not make or 2 require improvements to bring private streets to City standards. Such policy is subject to change and may no longer be in effect at the time of annexation. 7. 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, Owner's heirs, successor or assigns, including but not limited to the future owners of the Real Estate will be required to connect to such public sanitary sewer. However, Owner, Owner's heirs, successors or assigns will not be required to connect to the public sanitary sewer 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. 8. If Owner is able and elects to receive public sanitary sewer services from the City prior to annexation, Owner will pay the regular City sanitary sewer rate paid by all other City residents for such services. Executed by the respective signatories effective the date first above written. my OF DUIdUOUE, !!VA IADE MOUND MHP LLC By: ''y 60, B_y: Davi . Reynolds, President, RV Horizons Roy D. BuoMayor ATTEST: Kevin Firnstahl, City Clerk 3 On this day of Mari)... , 2CA, before me, a Notary Public in and for said state, personally appeared Roy D. Buol and Kevin S. Firnstahl known to me to be the person(s) named in and who executed the foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. q-8 MffSTR\T mnmission Number 719986 My Commission Expires I a• i-3. Notary Public in the State of Iowa My Commission expires 7 • I . L On this � f day ofd l , 201q, before me, a Notary Public in and for said state personally appeared David H. Reynolds, known to me to be the person(s) named in and who executed the foregoing instrument, and acknowledge that they executed the same as their voluntary act and deed. KQRSTEN REYNOLDS Notary P:1b.ic - S.a:a of Co credo No:ary ID 20184011648 My Commission Excires Var 8.2022 4 dek Notary Public in t�e State o Co ksr My Commission expires �r:8�2025 11 11 11 11 11 11 11 11 Doc ID 010258620003 Type GEN Kind: AGREEMENT Recorded: 03/20/2019 at 02:11:30 PM Fee Amt: $17.00 Page 1 of 3 Dubuque County Iowa John Murphy Recorder F11e2019-00002766 Prepared by Maureen A. Quann, 300 Main Street, Suite 330 Dubuque, IA 52001 563-589-4381 Return to Kevin S. Firnstahl, 50 West 13th Street, Dubuque, IA 52001 563-589-4120 COVENANT PERTAINING TO WATER SERVICE THIS GREEM ;;;T, made and entered into effective the `''day of 201 i, between the City of Dubuque, Iowa (hereinafter called ''City"), an.TADIJ ab'e Mound MHP LLC (hereinafter called "Owners"), their heirs, successors and assigns, WITNESSES: WHEREAS, the aforesaid Owner has applied to the City for approval of a subdivision plat of an area of land described as follows ("the Real Estate"): Lot 2 of the north one half of the northeast 1/4 of Section 12, Township 88 North, Range 2, East of the 5th P.M., in Dubuque County, Iowa, according to recorded Plat thereof; Lot 43, except the south 10 feet thereof; Lots 44 and 44A; Lot 1 of lot 1 of lot 51 in Kerrigan road Heights, in Table Mound Township, Dubuque County, Iowa, according to the respective recoded Plats thereof; Lot 1 of lot 1 of lot 4 in Annie Waller's Subdivision No. 2, in Sections 1 & 12, in Township 88 North, Range 2 East of the 5th P.M., in Dubuque County, Iowa, according to the recorded Plats of said respective Subdivisions, EXCEPT portions thereof taken by the State of Iowa, in Condemnation Proceedings, in Book of Lands #58, Page 70 et seq., records of Dubuque County, Iowa; and Lot 1 of Table Mound Mobile Home Park No. 3, in the City of Dubuque, Iowa, according to the recorded Plat thereof. WHEREAS, said land is within two (2) miles of the City, subject to the jurisdiction of the City for plat approval and for authorization of rural water service; and, WHEREAS, Owner may desire to receive rural water service for the land being platted. NOW, THEREFORE, the parties hereto agree that: 1. If the Owner of the Real Estate legally described above, the Owner's heirs, successors and assigns, including but not limited to, the future owners of the Real Estate, disconnects from City water and obtains such services from a rural water provider prior to annexation of the Real Estate, or obtains water service, sanitary sewer service, or both services from a rural water provider prior to annexation, the Owner, the Owner's heirs, successors, and assigns, including but not limited to future owners of the Real Estate shall be and are hereby fully bound, jointly and severally, to pay to the City the sum of any and all amounts that the City is required to pay as compensation to the rural water provider for losses resulting from annexation of all or any part of the Real Estate by the City and such amounts as the City may be required or reasonably agree to pay the rural water provider as a settlement for resolution of any claims, disputes, objections, protests or litigation related to or arising out of the City providing water service or sanitary sewer service to all or any part of the Real Estate, following annexation of the Real Estate to the City. 2. This covenant and agreement shall be filed for record in the office of the Dubuque County Recorder and all covenants, agreements, promises, and representations hereinstated shall be deemed to be covenants running with the Real Estate and shall endure and be binding on the parties hereto, their mortgagees, lienholders, successors and assigns, for a period of twenty-one (21) years from the date of the recording of these covenants, unless claims to continue any interest in the covenants are filed as provided by law. The City shall have the right to file a claim to continue its interest in these covenants. 3. Invalidation of any of these covenants by judgment or court order shall in no way affect any of the other provisions, which shall remain in full force and effect. 4. If Owner, Owner's heirs, successors and assigns, including but not limited to the future owners of the Real Estate own, operate, and maintain a private well or water system to supply water to the Real Estate, Owner's heirs, successors and assigns, including but not limited to the future owners of the Real Estate will be allowed to keep, maintain, and replace such well indefinitely upon annexation, if Owner, Owner's heirs, successors and assigns, including but not limited to the future owners of the Real Estate choose to do so. However, such a pre-existing well will be allowed for non -potable water only. Potable water will be provided by City water services. Executed by the respective signatories effective the date first above written. 2 IADUJALE MOUND MHP LLC D. . . Reynolds, President, RV Horizons, Inc. ATTEST: Kevin S. Fe nstahl, City Clerk tot On this ) 5r. day of qtr , 20X, before me, a Notary Public in and for said state, personally appeared Roy D. Buol and Kevin S. Firnstahl known to me to be the person(s) named in and who executed the foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. 4 4ISH L.GLEASON--�T arnmission Number 719986 �.� mission Expires �J.. • 13 • y Comac Notary Public in the State of Iowa My Commission expires 1 • 13 On this _a_ day of -1-6L , 201$, before me, a Notary Public in and for said state personally appeared 40avid H. Reynolds known to me to be the person(s) named in and who executed the foregoing instrument, and acknowledge that they executed the same as their voluntary act and deed. KASTEEN 4EV0,1OLOS Nc:any ic- S:a:ecfCcoracc Nc:an in 2r,?4, 11046 n'y Commission Expires Mar 8. 2022 3 g aPk- Notary Public in State o(,0 0 My Commission expires ()ID'. 207 2. 11 III 11 11 11 11 11 11 Doc ID: 010269550037 Type GEN Kind: AGREEMENT Recorded: 04/17/2019 at 01:54:51 PM Fee Amt: $187.00 Page 1 of 37 Dubuque County Iowa John Murphy Recorder File2019-00003730 RECORDER'S COVER SHEET FOR MEMORANDUM OF UNDERSTANDING AND RESOLUTION IADU TABLE MOUND MHP, LLC (RV Horizons, Inc.) Preparer Information: Maureen Quann 300 Main St., Ste. 330 Dubuque IA 52001-6944 .5(e35n�yll� Taxpayer Information: N/A Return Document To: Kevin S. Firnstahl, City Clerk 50 W. 13th Street Dubuque, IA 52001 Legal Description: N/A Grantors: Grantees: City of Dubuque 50 W. 13th Street Dubuque, IA 52001 RV Horizons, Inc. 9442 Noonan St. Dubuque, IA 52003 Previously Recorded Document(s): N/A Ct c -e f l.cx� RESOLUTION NO. 106-19 RESOLUTION AMENDING RESOLUTION . NO. 201-18 APPROVING . A MEMORANDUM OF UNDERSTANDING BETWEEN THE .CITY •OF DUBUQUE AND IADU TABLE MOUND MHP, . LLC FOR REPAIRS AND IMPROVEMENTS TO ITS WATER DISTRIBUTION AND SANITARY SEWER COLLECTION SYSTEM WHEREAS, IADU Table Mound MHP, LLC owns a private water distribution system that serves three areas outside the City of Dubuque: Table Mound 1 Mobile Home Park, the Kerrigan Heights subdivision, and seven commercial businesses located on Rockdale Road; and WHEREAS, IADU Table Mound MHP, LLC owns a private sanitary sewer collection system that serves two areas outside the City of Dubuque: Table Mound 1 Mobile Home Park and the Kerrigan Heights subdivision; and WHEREAS, the City of Dubuque owns, operates, and maintains the City of Dubuque water distribution system that serves over 23,000 customers located both in and outside the corporate limits of the City; and WHEREAS, the City of Dubuque owns, operates, and maintains the public sanitary sewer collection system which serves over 23,000 customers located both in and outside the corporate limits of the City; and WHEREAS, IADU Table Mound MHP, LLC wished to make necessary repairs and improvements to its water distribution system and sanitary sewer collection system to make the systems compliant with Iowa Department of Natural Resources requirements and City of Dubuque standards; and WHEREAS, after completion of improvements to the Table Mound water distribution and sanitary sewer collection system, when its water and sanitary sewer components are deemed compliant with both Iowa Department of Natural Resources requirements and City of Dubuque standards, IADU Table Mound MHP, LLC wishes to dedicate portions of the water distribution and sanitary sewer collection system to the City of Dubuque for operation as part of the City of Dubuque's water distribution and sanitary sewer collection systems; and WHEREAS, after improvements have been made and the IADU Table Mound MHP, LLC's water distribution and sanitary sewer collection system is deemed compliant with Iowa Department of Natural Resources requirements and City of Dubuque standards, the IADU Table Mound MHP, LLC's water distribution and sanitary sewer collection system will be connected to the City of Dubuque's water distribution and sanitary sewer collection system. Customers served by the existing IADU Table Mound MHP, LLC system will be served by the City of Dubuque's water distribution and sanitary sewer collection systems after connection; and WHEREAS, the City desires to accept portions of the IADU Table Mound MHP, LLC system after the system meets Iowa Department of Natural Resources requirements and City of Dubuque standards and will serve customers located within the system; and WHEREAS, the City of Dubuque and IADU Table Mound MHP, LLC wish to enter into a Memorandum of Understanding for the improvements to the water distribution and sanitary sewer collection system, for the dedication of portions of that system to the City of Dubuque, and for the transfer of water service from IADU Table Mound MHP, LLC to the City of Dubuque; and WHEREAS, the City Council of the City of Dubuque, Iowa finds that it is in the best interests of the City to approve this Memorandum of Understanding. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA AS FOLLOWS: Section 1. The seventh WHEREAS clause of Resolution 201-18 is amended to read as follows: WHEREAS, after improvements have been made and the IADU Table Mound MHP, LLC's water distribution and sanitary sewer collection system is deemed compliant with Iowa Department of Natural Resources requirements and City of Dubuque standards, the IADU Table Mound MHP, LLC's water distribution and sanitary sewer collection system will be connepted to the City of Dubuque's water distribution and sanitary sewer. collection system. Customers served by the existing IADU Table Mound MHP, LLC system will be served by the City of Dubuque's water distribution and sanitary sewer collection systems after connection and upon execution of . pre -annexation documents if customers are located outside the City limits; and Section 2. The Memorandum of Understanding attached is approved on behalf of the City of Dubuque. The Mayor and City Clerk are authorized to execute the Memorandum of Understanding. Section 3. The City Manager, City Attorney, and the City's legal counsel are hereby authorized to take all necessary actions to execute this Memorandum of Understanding. .Section 4. The City Clerk is hereby authorized and directed to record this Resolution. and all supporting materials with the Dubuque County Recorder. Passed, approved and adopted this 18th day of March2019 /co Attest: Kevin S Kirnstahl, City Clerk • c Roy D. Buol, Mayor CERTIFICATE of the CITY CLERK STATE OF IOWA ) 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. 106-19 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 April, 2019. Kevin FirnstaII, CMC, City Clerk Preeared b Lionise th +. lot r e+artment Manatee Address [ awthorn St. Tele hone; 563589-429C Returnte: Kevin inns hl, city clergy Address: City Hall- 50 w 18th t'' Telephone: 589-412 RESOLUTION NO. 201-18 RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF DUBUQUE AND IADU TABLE MOUND MI -IP, LLC FOR REPAIRS AND IMPROVEMENTS TO ITS WATER DISTRIBUTION AND SANITARY SEWER COLLECTION SYSTEM WHEREAS, IADU Table Mound MHP, LLC owns a private water distribution system that serves three areas outside the Cityof Dubuque: Table Mound 1 Mobile Home Park, the Kerrigan Heights ;subdivision, and seven commercial businesses .located on Rockdale Road; and WHEREAS, IADU Table Mound MHP, LLC owns a private sanitary sewer collection system that serves two areas outside the City of Dubuque: Table Mound 1 Mobile Home Park and the Kerrigan Heights subdivision; and WHEREAS, the City of Dubuque owns and operates, and maintains the City of Dubuque water distribution system that serves over 23,000 customers located both in and outside the corporate limits of the Cid and WHEREAS, the City ;of Dubuque owns, operates, and maintains the public sanitary sewer collection system which serves over 23,000 customers located both in and outside the corporate limits of the City; and WHEREAS, IADU Table Mound MHP, LLC wishes to make necessary repairs and improvements to its water distribution system and sanitary sewer collection system to make the systems compliant with Iowa Department of Natural Resources requirements and City of Dubuque standards; and WHEREAS, after completion of improvements to the Table Mound water distribution and sanitary sewer collection system, when its water and sanitary sewer components are deemed compliant with both Iowa Department of Natural Resource requirements and City of Dubuque standards, IADU Table Mound MHP, LLC wishes to dedicate portions of the water distribution and sanitary sewer collection system to the City of Dubuque for operation as part of the City of Dubuque's water distribution and sanitary sewer collection systems; and WHEREAS, after improvements have been made and the IADU Table Mound MHP, LLC's water distribution and sanitary sewer collection system is deemed compliant with Iowa Department of Natural Resources requirements and City of Dubuque standards, the IADU Table Mound MHP, LLC`s water distribution and sanitary sewer collection system will be connected to the City of Dubuque's water distribution and sanitary sewer collection system. Customers served by the existing IADU Table Mound MHP, LLC system will be served by the City of Dubuque's water distribution and sanitary sewer collection systems after connection; and WHEREAS, S, the City desires to accept portions of the IADU Table Mound MHP, LLC system after the system meets Iowa Department of Natural Resources requirements and City of Dubuque standards and will serve customers located within the system; and WHEREAS, the City of Dubuque and IADU Table Mound MHP, LLC wish to enter into a Memorandum of Understanding for the improvements to the water distribution and sanitary sewer collection system, for the dedication of portions of that system to the City of Dubuque, and for the tranfer of water service from IADU Table Mound MHP, LLC to the City of Dubuque; and WHEREAS, the City Council of the City of Dubuque, Iowa finds that it is in the best interests of the City to approve this Memorandum of Understandings NOW, THEREFORE, BET RESOLVED BY THE CITY COUNCIL OF DLJBUQUE,. IOWA AS FOLLOWS: Section 1. The Memorandum of Understanding attached is approved on behalf of the City of Dubuque, The Mayor and City Clerk are authorized to execute the Memorandum of Understanding. Section 2. The City Mane er, City Attorney, and the City's legal counsel are hereby authorized to take ail necessary actions to execute this Memorandum of Understanding. Section 3, The City Clerk is hereby authorized and directed to record this Resolution with the Dubuque County Recorder, Passed, approved and adopted this this 2fld day of July, 20 Attest: 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. 201-18 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 April, 2019. Kevi,f S. Firnstahl, CMC, City Clerk MEMORANDUM OF UNDERSTANDING BY AND BETWEEN THE CITY OF DUBUQUE, IOWA AND IADU TABLE MOUND MHP, LLC This Memorandum of Understanding (MOU) is made between the City of Dubuque, Iowa (City), and IADU Table Mound MHP, LLC (Table Mound) as follows: WHEREAS, Table Mound is the owner of a private water distribution system that serves three areas outside the City: Table Mound 1 Mobile Home Park, the Kerrigan Heights subdivision, and seven commercial businesses located on Rockdale Road; and WHEREAS, Table Mound is the owner of a private sanitary sewer collection system that serves two areas outside the City: Table Mound 1 Mobile Home Park and the Kerrigan Heights subdivision; and WHEREAS, the City owns, operates, and maintains the City water distribution system that serves over 23,000 customers located both in and outside the corporate limits of the City; and WHEREAS, the City owns, operates, and maintains the public sanitary sewer collection system which serves over 23,000 customers located both in and outside the corporate limits of the City; and WHEREAS, Table Mound wishes to make necessary repairs and improvements to its water distribution system and sanitary sewer collection system (Table Mound System) to make the systems compliant with Iowa Department of Natural Resources (IDNR) requirements and City standards; and WHEREAS, after completion of improvements to the Table Mound System, when its water and sanitary sewer components are deemed compliant with both IDNR requirements and City standards, Table Mound wishes to dedicate portions of the Table Mound System to the City for operation as part of the City's water distribution and sanitary sewer collection systems; and WHEREAS, after improvements have been made and the Table Mound System is deemed compliant with IDNR requirements and City standards, the Table Mound System will be connected to the City's water distribution and sanitary sewer collection system. Customers served by the existing Table Mound System will be served by the City's water distribution and sanitary sewer collection systems after connection; and WHEREAS, the City desires to accept portions of the Table Mound System after the system meets IDNR requirements and City standards and will serve customers located within the Table Mound System. 06152018MAQ THEREFORE, in consideration of the promises, covenants, and agreements of the parties in this MOU, the parties agree as follows: SECTION 1. PURPOSES AND OJECTIVES. The purpose and objectives of this MOU are to establish and outline Table Mound's desire to improve and dedicate to the City the Table Mound System and the City's desire to accept portions of the Table Mound System after improvements render it compliant with IDNR requirements and City standards. SECTION 2. COMPLIANCE WITH LAWS AND REGULATIONS. Table Mound and the City will comply with all applicable local, state, and federal regulations, including but not limited to the City of Dubuque Code of Ordinances, Iowa Code, rules and regulations imposed by the Iowa Department of Natural Resources (IDNR), SUDAS standards, Iowa Department of Transportation regulations, and the Consent Decree during the performance of each parties' respective obligations under this MOU and in any agreements arising out of this MOU. SECTION 3. SYSTEM ENGINEERING, DESIGN, CONSTRUCTION, AND INSTALLATION. 3.1 Table Mound will engage and enter into a contract with a professionally licensed engineering and design firm to design all improvements, repairs or construction necessary to bring the Table Mound system into compliance with IDNR rules and City standards. Table Mound will engage any licensed plumbers and contractors necessary to complete all improvements, repairs, construction, installation and connection necessary to bring the Table Mound System into compliance with IDNR rules and City standards. Detailed reproducible plans must be certified by a professional engineer licensed in the state of Iowa. 3.2 City will consult with Table Mound and any engineering firms and contractors Table Mound engages for the construction, improvement, and installation of the Table Mound System to ensure compliance with IDNR regulations and City standards. City's role will be limited strictly to consultation. All contractors, plumbers, engineers, and other professionals will work for, contract with, and be paid by Table Mound. 3.3 City will approve final design necessary for the improvement, repairs, construction, and installation of the Table Mound System and any modifications that may be made to that design during its implementation. 3.4 Table Mound will obtain any permits and easements necessary for the improvements, repairs, construction, and installation of the Table Mound System. 3.5 Table Mound will engage any licensed plumbers and contractors necessary to complete all improvements, repairs, construction, installation, and connection necessary to bring the Table Mound System into compliance with IDNR rules and City standards. 2 3.6 Table Mound and/or its contractors will comply with all applicable City insurance schedules during the performance of its duties under this MOU and any agreements arising out of it. 3.7 Table Mound is financially responsible for the costs associated with the repair, construction, improvement, and installation of the Table Mound System until certain portions are dedicated to and accepted by the City as provided elsewhere in this MOU. SECTION 4. IDNR COMPLIANCE AND TIME EXTENSION. City understands that Table Mound must comply with IDNR rules and regulations for the Table Mound System within a certain time frame given by IDNR. City will assist Table Mound in efforts it makes to obtain an extension from IDNR of such time frame, if necessary. These efforts may include but would not be limited to presentation of a copy the executed MOU to the IDNR and communication with the IDNR regarding the City's intent to accept portions of the Table Mound System upon completion of all repairs, improvements, construction, and installation of the system to bring it into compliance with IDNR rules and City standards, and connection of that same Table Mound System, including its sanitary sewer collection system component, to the City's water distribution system and sanitary sewer collection systems. SECTION 5. OWNERSHIP OF THE TABLE MOUND SYSTEM. 5.1 Table Mound will maintain ownership of the Table Mound System until acceptance of the Table Mound System by the City Council. Once all repairs, improvements, construction, installation, and connections are complete, including all final inspections, Table Mound will dedicate portions of the Table Mound System to the City, and the City Council will accept such portions. 5.2 The three areas served by the Table Mound System: Table Mound Mobile Home Park 1 (Mobile Home Park), Kerrigan Heights subdivision (Kerrigan Heights), and the seven businesses on Rockdale Road (Rockdale Road) are shown in Exhibit A. Table Mound will retain ownership of the portion of the Table Mound System that runs through the private property of the Mobile Home Park as shown in Exhibit B. The portion of the Table Mound System running through and within the Mobile Home Park will not be dedicated to or accepted by the City but will remain a private water distribution system and private sanitary sewer collection system through the Mobile Home Park and will be owned, operated, and maintained by Table Mound. The portions of the Table Mound Water System serving and running through and within Kerrigan Heights will be dedicated to and accepted by the City at the conclusion of the repairs, improvements, construction, installation and connection and will be owned, operated, and maintained by the City thereafter. Rockdale Road water system will be disconnected from the Kerrigan Heights water system and capped (abandoned per IDOT standards) under the highway right of way. SECTION 6. PRE -ANNEXATION OF THE LAND COMPRISING THE TABLE MOUND 3 MOBILE HOME PARK. As property owners of the land comprising the Table Mound Mobile Home Park shown on Exhibit B, Table Mound will sign pre -annexation documents committing the land comprising the Table Mound Mobile Home Park to future annexation to the City at some unknown future date, as determined by the City. SECTION 7. WATER DISTRIBUTION WITHIN IN THE TABLE MOUND SYSTEM. 7.1 The water distribution portion of the Table Mound System will be addressed separately in three component parts: Mobile Home Park, Kerrigan Heights, and Rockdale Road. Mobile Home Park Phase One Upon execution of this MOU, the City will provide water to Table Mound as follows: A. Table Mound will install a master meter pit and City water meter at the property line between Mobile Home Park and Kerrigan Heights along Cascade Drive. B. Table Mound will be the City's water customer and will be billed for the actual amount of water consumed as determined by the master meter pit. C. If Table Mound wishes to further meter and bill the individual water customers within the Mobile Home Park, such metering and billing will be a private matter between Table Mound and the individual water users in the Mobile Home Park. The City's only customer in this Phase One will be Table Mound. D. Table Mound will own, maintain, repair and replace all infrastructure within the Mobile Home Park. This water distribution portion of the Table Mound System will not be dedicated to or accepted by the City. E. There will be no water connection fee for connection of the Mobile Home Park to the City's water distribution system because the Mobile Home Park is served with water via Kerrigan Heights. Mobile Home Park Phase Two At some future, presently unknown date, if Table Mound requests that the City bill individual water users within the Mobile Home Park, instead of billing only Table Mound as described in Phase One, such individualized billing and water provision will occur as follows: A. Table Mound will install City water meters inside each individual mobile home in the Mobile Home Park at Table Mound's expense. City will provide one City water meter per service line to Table Mound at no expense (one per service line, 1" diameter and under). The water meters must be installed in a manner that 4 protects the water meters from freezing. Table Mound will be responsible for replacement or maintenance of frozen water meters. If not already in place for each water service line, Table Mound will install a control valve (stop box) for each individual water meter installation in the Mobile Home Park. It will not be considered a violation of this MOU if Table Mound is unable to install a City water meter in a privately -owned home due to the homeowner's refusal to permit access or such work to be performed. B. City will install a water meter interface unit (MIU) and wiring at each mobile home located within the Mobile Home Park at Table Mound's expense. C. Table Mound will install, own, operate, and maintain, including repair and/or replacement of, pressure reducing valves (PVRs) or devices to meet the design parameters of the Table Mound infrastructure. D. Table Mound will maintain the master meter pit and the City water meter from Phase One at the property line between Mobile Home Park and Kerrigan Heights. E. Table Mound will own, maintain, repair and replace all infrastructure within the Mobile Home Park. This water distribution portion of the Table Mound System will not be dedicated to or accepted by the City. F. City will bill each mobile home in the Mobile Home Park individually and also monitor actual water usage on the master meter pit. For any discrepancies that exist between total water usage on the master meter pit and cumulative individual mobile home bills, Table Mound will pay the amount shown on the master meter pit bill in instances when the master meter pit bill is greater than the cumulative individual mobile home bills (master meter pit bill versus cumulative bill for individual mobile homes). G. When a tenant does not register for water service with the City but receives City water through the distribution system, the water account will be under Table Mound, and Table Mound will be responsible for any water usage until the tenant establishes service with the City. This provision applies to existing tenants at the time of connection to the City's water distribution system and any new tenants that enter the Mobile Home Park after connection to the City's water distribution system. H. Table Mound will provide City with customer registration information for all customers within the Mobile Home Park and update that list with the City as tenancy changes within the Mobile Home Park. After thirty days, any unpaid balance held by a tenant in the Mobile Home Park will transfer into Table Mound's name, and Table Mound will be financially responsible for that account until it is current again. 5 J. When tenants leave the Mobile Home Park, any unpaid balance of a departed tenant will transfer into Table Mound's name and Table Mound will be financially responsible for that account if it remains past due thirty days after the tenant moves out of the Mobile Home Park. K. For all tenants within the Mobile Home Park who have past due balances in their names at other prior addresses within the City, they will be unable to obtain new service in their own names until the prior past due balances are paid. Until those prior past due balances are paid, the water accounts will be in Table Mound's name. L. The City will own the pipes and mains up to the master meter pit at the Mobile Home Park. All pipes, mains, and infrastructure within the Mobile Home Park will continue to be a private water distribution system owned and maintained by Table Mound. M. City will send informational materials to all tenants of the Mobile Home Park and hold an informational meeting for tenants of the Mobile Home Park before the connection to the City water and sewer distribution systems occur. N. Table Mound will identify, verify, or install all necessary curb boxes to mobile homes within the Mobile Home Park portion of the Table Mound System. Table Mound may hire licensed professionals to perform such work if it chooses, but the work will be performed at Table Mound's expense. O. Table Mound will verify that all valves located in the Mobile Home Park portion of the Table Mound System are operable and accessible. P. Table Mound will verify that all fire hydrants located in the Mobile Home Park portion of the Table Mound System are accessible and operable. Kerrigan Heights A. Table Mound or a licensed plumber hired by Table Mound will install a City meter and pressure reducing valve at each home located within Kerrigan Heights. At Table Mound's expense, City will install a meter interface unit (MIU) and wiring at each home located within Kerrigan Heights. It will not be considered a violation of this MOU if Table Mound is unable to install a City water meter on a privately - owned home due to the homeowner's refusal to permit access or such work to be performed. B. City will install a meter interface unit (MIU) and wiring at each home located within Kerrigan Heights at Table Mound's expense. C. Table Mound will provide the City customer names and customer contact 6 information for all account holders located within Kerrigan Heights. D. Table Mound will communicate with customers regarding conversion and procedures to establish City Utility Billing accounts. E. After connection to the City's water distribution system, Table Mound will dedicate the Kerrigan Heights water distribution portion of the Table Mound System to the City. City will begin billing customers upon connection to the City's water distribution system. F. Prior to dedication to and acceptance by the City, Table Mound will identify, verify, or install all necessary curb boxes to homes within the Kerrigan Heights portion of the Table Mound System. Table Mound may hire licensed professionals to perform such work if it chooses, but the work will be performed at Table Mound's expense. G. Table Mound will transfer and assign to the City all easements necessary to own, operate, and maintain any of the Kerrigan Heights portion of the Table Mound System that will be public after dedication to and acceptance by the City. H. Prior to dedication to and acceptance by the City, Table Mound wilt verify that all valves located in the Kerrigan Heights portion of the Table Mound System are operable and accessible. I. Prior to dedication to and acceptance by the City, Table Mound will verify that all fire hydrants located in the Kerrigan Heights portion of the Table Mound System are accessible and operable. J. Table Mound will connect and convert to the City's water distribution system. After connection, the City's water distribution system will supply residents within Kerrigan Heights, and the City Council will accept dedication of the Kerrigan Heights water distribution portion of the Table Mound System. K. Prior to connection to the City's water distribution system, all wells within the Table Mound System must be disconnected. All wells within the Table Mound System must be property abandoned prior to City Council acceptance. Once City Council acceptance occurs, the City will own and be responsible for all water distribution maintenance of the now public mains within Kerrigan Heights. L. Connection to the City's water distribution system must be in accordance with drawings and "as built" designs of the City Water Distribution System to Table Mound provided by the City on 2/28/2017 and attached as Exhibit C of this MOU. M. Table Mound will pay a water connection fee of $15,808.80 to the City upon connection of Kerrigan Heights to the City's water distribution system. 7 N. City will accept the public mains running through Kerrigan Heights. Individual homeowners in Kerrigan Heights will own and be responsible for lateral service lines from the public mains to meters and homes. O. City will send informational materials to all Kerrigan Heights residents and hold an informational meeting for Kerrigan Heights residents before the connection to the City water and sewer distribution systems occur. Rockdale Road A. Table Mound must cap and abandon the private six-inch water main serving the seven (7) properties along Rockdale Road. B. Table Mound must perform all Rockdale Road work before Kerrigan Heights work begins. C. Table Mound must provide to the City Rockdale Road customer names and contact information. D. Table Mound will communicate with Rockdale Road customers regarding conversion and procedures to establish City utility accounts. E. Table Mound will transfer and assign to City all easements necessary to own, operate, and maintain any of the Rockdale Road portion of the Table Mound System that will be public after dedication to and acceptance by the City. F. Table Mound must verify that all service valves are operable and accessible within the Rockdale Road portion of the Table Mound System. G. Table Mound must abandon, cap, and mark the existing water main under the public highway 151/61 and the Rockdale Road right-of-way in accordance with any applicable laws and standards under state, federal and local laws, including but not limited to any Iowa Department of Transportation (DOT) standards. H. City will send informational materials to all Rockdale Road customers and hold an informational meeting for Rockdale Road customers before the connection to the City water distribution systems occur. The City will offer water service from the City's water distribution system located on Rockdale Road to the seven (7) Rockdale Road customers at the customer's expense. Because these Rockdale Road customers are not located within City limits, these customers may pursue well water as long as any wells comply with all county, state, IDNR and other applicable requirements. Future water service for the seven (7) Rockdale Road customers must be determined before work begins to ensure the customers are not left without water supply and to coordinate work so that water connections are made in the most cost-efficient 8 manner. SECTION 8. SANITARY SEWER COLLECTION IN THE TABLE MOUND SYSTEM. 8.1 The sanitary sewer collection portion of the Table Mound System consists of and will be addressed separately in two component parts: Mobile Home Park and Kerrigan Heights. 8.2 Table Mound must televise and clean both components of the sanitary sewer collection portion of the Table Mound System, the Mobile Home Park and Kerrigan Heights, to identify repairs, modifications, and replacement needed to meet City standards and IDNR requirements. All repairs, modifications, and replacements will be completed at Table Mound's expense. 8.3 At Table Mound's expense, the City will construct a new public sanitary sewer from the Granger Creek Interceptor sanitary sewer to the existing sanitary sewer serving Kerrigan Heights. 8.4 Table Mound will connect the Mobile Home Park collection system to the new public sanitary sewer system at a single discharge point near the existing treatment facility. 8.5 After dedication to and acceptance by the City, the City will own, operate, and maintain the sanitary sewer collection system within Kerrigan Heights and the new public sanitary sewer main extended from the Granger Creek Interceptor sewer. 8.6 The sewer connection fees for the Mobile Home Park and Kerrigan Heights total $24,207.21. The City will waive these sewer connection fees in acknowledgment of the IDNR directive to update and repair the existing sewage treatment system. Mobile Horne Park A. Table Mound will own, maintain, repair, and replace all sanitary sewer collection system components within the Mobile Home Park. The portion of the sanitary sewer collection system located on the private property of the Mobile Home Park will not be dedicated to or accepted by the City. B. All sanitary sewer collection system components within the Mobile Home Park must be improved to eliminate exfiltration and infiltration concerns. The sanitary sewer collection system within the Mobile Home Park must be sealed and repaired before the Mobile Home Park collection system can be connected to the new public sanitary sewer extension. Table Mound must install a flow meter on the sanitary sewer system. C. Table Mound must install a new public sanitary sewer main from the Granger Creek Interceptor, running along the southside of the property, to connect 9 to Kerrigan Heights. The public main must be a minimum of 8 inches in diameter and be designed and constructed to meet all city, state, and federal specifications and requirements. D. The City must approve all design plans and materials prior to work beginning. Kerrigan Heights A. Table Mound must inspect, repair the sanitary sewer collection system within the Kerrigan Heights area to ensure compliance with IDNR requirements and City standards. All sanitary sewer upstream of Extension 2 (shown on Exhibit D) must be 8 -inch diameter and rehabilitated/repaired to City standards before dedication to and acceptance by the City. B. The City must approve all design plans and materials prior to work beginning. 8.7 Table Mound will perform the sanitary sewer collection system work, repairs, construction and improvements as set forth in this MOU and the work plans and specifications prepared by J.C. Dillon, Inc. and reviewed and signed by the City and J.C. Dillon, Inc. These plans and specifications are referred to as the J.C. Dillon Plans. SECTION 9. REASONABLE EFFORTS. Table Mound acknowledges and agrees that unless and until the Table Mound System, or any of its component parts, have been constructed, installed, dedicated to, and accepted by the City, the City's obligations under this MOU are to use reasonable efforts to assist Table Mound with facilitating the construction, installation, repairs, and improvement of the Table Mound System. SECTION 10. AMENDMENTS. This MOU may not be amended or modified without the consent of the City and Table Mound. Such consent must be evidenced by a written instrument executed by both parties. SECTION 11. ASSIGNMENTS. This MOU may not be assigned without the written consent of the non -assigning party. SECTION 12. CAPTIONS. The captions in this MOU are included for convenience of reference and do not define, delimit, or otherwise effect the construction or effect of the provisions contained herein. SECTION 13. FORCE MAJEURE. If either party is delayed, hindered, or prevented from the performance of any obligation required under this MOU by reason of strikes, lock- outs, labor troubles, inability to procure materials, failure of power, riots, civil disturbances, picketing demonstrations, war, other similar reasons, or an act of God not the fault of the delayed party, then performance of such act will be extended for a period equivalent to the period of such delay. 10 SECTION 14. SEVERABILITY. If any provision of this MOU is held invalid, such invalidity will not affect any other provision of this MOU that can be given effect without the invalid provision. The provisions contained in this MOU are severable. SECTION 15. BINDING EFFECT. This MOU binds and inures to the benefit of the City and Table Mound and their respective heirs, successors, and permitted assigns. SECTION 16. NOTICES. Notices or consents of any kind under this MOU must be in writing and will be deemed received if delivered in person or if mailed by certified mail to the appropriate party as follows: If to the City: If to Table Mound: Michael C. Van Milligen City Manager 50 West 13th Street Dubuque, Iowa 52001 David Reynolds Attn: Legal Dept. P.O. Box 457 Cedaredge, CO 81413 SECTION 17. APPLICABLE LAW. This MOU is governed by the laws of the state of Iowa. SECTION 18. COUNTERPARTS. This MOU may be executed in any number of counterparts. All counterparts taken together will constitute one and the same MOU. SECTION 19. EFFECTIVE DATE AND SIGNATURE. 19.1 Execution of this MOU formally evidences that the parties have reviewed and accept this MOU. 19.2 This MOU is approved and is effective upon the date of the last signature below. [signature page follows] 11 TABLE MOUND By: Its General Manager, RV Horizons, Inc. By: David H. R,, nolds, President, RV Horizons, Inc. Notary page follows: CITY OF DUBUQUE, IOWA By: Roy D. Buole ayor Attest: By: ..... r,_ Kevin S rnstahl, City Clerk of Iowa County ) ss: u ue On this / day , 20J, before • Notary public in and for said state, personally appe -d Roy D. Buol, and n S. Firnstahl known to me to be the person(s) named in and who e te.. e foregoing instrument, and acknowledged that they executed t a e as ir voluntary act and deed. TRISH L SON on Number 719986 v Commission Expire* Notary Public in the S State of Op 1 0411/0 ) ) ss: County of t ) On this kl day of My Commission expires: i& • , 2019 , before me, a Notary public in and for said state, personally appeared David H. Reynolds known to me to be the person(s) named in and who executed the foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. AMY BE chi Ni-1,GET NOTARY PUBLIC - STATE 00 COLORADO My Identification 20154018723 Expires May 12,2019 Notary Public i he State of My Commission expires: Notary page for IADU Table Mount MHP, LLC Memorandum of Agreement with the City of Dubuque, Iowa. State of Iowa ) ss: County of Dubuque ) On this )9141" day of /''1Crrr.h , 20/`), before me, a Notary public in and for said state, personally appeared Roy D. Buol, and Kevin S. Firnstahl known to me to be the person(s) named in and who executed the foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. f IRISH L. GLEASON 4.„ ' mmission Number 719986 State of County On this 'div Commission Expires .i 13. act ) ss: Notary Public in the State of Iowa My Commission expires: /& • /3• ay of , 20 , before me, a Notary public in rid for said state, personalpeared David H. Reynolds known to me to bet erson(s) named in and who executed t foregoing instrument, and acknow ged that they executed the same as their volunta ct and deed. NotaryN llic in the State of Iowa My Commissionires: Notary page for IADU Table Mount MHP, LLC Memorandum of Agreement with the City of Dubuque, Io a. EXHIBIT A TABLE MOUND SYSTEM 13 ROCKDALE ROAD 2674'; t2712 ✓, j` V 2732 ?` 2752 27832772 msee.nx: 44.4 440 o 844 C.44 0040. 004 4.04 444 440000 0 44. 44100.40. 044.0 44.1 04 0. .... 0 00 44404 1 inch = 379 feet 10050 0 100 200 300 400 Feet Map Prepared by: City of Dubuque Water Department 1902 Hawthorne St 563-589-4291 14 EXHIBIT B MOBILE HOME PARK 15 Du 2420 i GA Exhibit B Table Mound System 2460 rot>> 1 inch 248 200 300 400 Feet >rde,'41-0,060ileHo N E Map Prepared by; City ef Dubuque Water Department 1902 Hawthorne St 563-589-4291 16 EXHIBIT C DRAWINGS AND "AS BUILT" DESIGNS OF CITY WATER DISTRIBUTION SYSTEM 17 18 •It 231.5 STIGOT _177: v -e c, Tee fa' -tea SPV.; cff t4tiari 1813' _2_0. 112'-4 04 'IQ— B3•—+r ------ Ae4 TE...med tAr rev 752. -12- j /3 Ficv, 8.414-T -7z•v...tv Ti!. * 145' 8-8.101 0"ciF r1 ( Plat* is, N, paVet4t4 fv-'4,i 751,5 4 -rip 0-C alqt, 222 Ivt,‘-} 2., 7-4.„kqVL IAA., -4V, 'S115' 8. survQyors, P C 19 2 et4 5 PreLnw, S.:41ee 18' — 1 -Sto tt.e Eica Tact Vi 8 V 2 -to, Ooi 36Ppc ONS U' 10'3' fto te.41cdckt. A4t Elev-apo, 11/89' t 18:3' 1(1 g 1-tc p-)• 8t 444, Vn LIA TB C) et..ep Vqtve Ow, ?III 1420.44, pg4t-, SxG Ratc,e.r Stc We >4 5ke4 2-45 t(Go liar izoP-M/ Be..4 f Line. excoLe 4e-rop ci,s1A8, LeJq4e, j5 64' ip;/04 f castv, Ut,444 9.1* daft Ftl# "nit t STA' t Pp cs dt-tkc4.,d Gluon anti up 4I StTt Aon go, fri Cle“ c4-4 40‘,50.4 J-/1,4,407/ coApeci 11W Engtnaers Stav4,3,yors PC. 20 Eetkia$f — EXHIBIT D SANITARY SEWER 21 `" B Table Mound 1 A'S" :Af nfnpins. w rill hliun.r+pi Sanitary Suver. Inspection 0tf 002358 f } 3 # gb 00 359 - / J , __. y{ E 4 ' —"—"' — NOONAN ST k ,,,,,''''<:' ./ JON — _..—..._._. iatcAcE-nR_.. I 1 y .L.:.:: N _ Map Repand lry. Clly of fDabuou 1 inch = 120 feet W E 5e11neoVVg h Se ..• Oubuqua.lau 52001 100 50 0 100 200 Feet phone: (563) 589-4210 .•,•'....,�'•- .CJ Fax; (563)580-0205 22 Kerrigan Heights Subd. Sanitary Sewer Inspection DAG1S 1 inch = 80 feet Nrep P<eperadlry Cly el -Dubuque EmIgeeriegneIr 5S West lah Street Dubuque, ) 5952001 Phew(U3)5394270 . Nee (663)58&42(15 23 EXHIBIT E J.C. DILLON PLANS 24 Plumbing. Heating . Trenchless Technologies Hydro excavation To: RV Horizons 9442 Noonan St DubucFe, IA 52003 Attention: Robert Thomas E -mo rthomas agement,com Project Name: Table Mound 1 Mobile Home Park &Kerrington Height Subdivision Sanitary Sewer Imp Date: Est. #: 0239.111 Client # Desriiption Sanitary Sewer Repairs0 Park - bi Qua n Unit Unit hire Ext Price 01 Mobilization L000 LS 02 Traffic Coiled 1.000 LS 03 CA/, GRP -8" X tutu 7l15Z97 LP 04 Remote & Reg Eat Mantuan Frame & 11 ti an COI) 27000 FA 05 Remove & Rept M Miele 08321 1.000 EA 06 Remelt & Rear.e Manhole 08320 1.000 07 ACUSS, Manhole under tridleziRsise to grade 08309 1.000 EA 08 Point Repair -Pipe 08579 1.000 EA 9 Point Repair -II pe 08613 1.000 10 Bane& Replace Manheie tinder trailer 00285 1.000 11 Raise Urnied 34aohnle 0iM87 1.000 EA 12 Locate & Raw Burled Manhole 08317 1.000 EA 13 Remove at Repture Manlide oa) t 6 1.000 EA 14 Raise Buried ivIanitult 08314 1.000 EA 15 Remove Sturchire, Install New Manhole 08311 1.000 EA 16 Point Repair Fipe 97 1.000 EA 17 Raise Suried Manhole 8007 1.000 EA 18 Point Repair Pipe08613 1.000 EA 19 Point Repot P1 e *84 1.000 EA 20 Rehab Alai Mei e 08283 1.000 EA 21 Rem n Reliance Manhole 00300 1.000 EA 22 Rahab Manhole 08318 1.000 EA 23 Remove & Replace Bench & Trough Manhole 08319 1.000 EA Sanitary Sewer Repairs -Mobile 1-lon e Park Total Sauna)), Sewer Repairs -Remington Sub 24 LW, GRP 8"X3 mut 2,184.000 LE $ Adj Simi Sew 54,11.w/ Circular C ti4 Nk 7`raute & 12 d 8.000 EA Sanitary Sewer Repairs- nit thn Sub Total Sanitary Sewer E n.oio 20 Coonecti Cal to Kat Manhole 1.000 EA 27 NI:whole Type, PC,48" SW 301 9.000 FA 28 Santini Sewer Cruelty Md Trencited,LI" PVC 3,000.000 LE 1515 W ',Why Drive . PO Box 3590 . Peoria, IL. 61612 . Main 309-689-1596 Fax 309-689-1596 Visit our website @ www.jedIllonlne.com 25 29 Sanitary Sewer Crael ty Mal n, it cnclted,8" PVC (R&R) 167.000 LF 30 ill ler Smits 500.000 LF 31 Clearing & Cr nbli ng 1.000 LB 32 See (11 ug,Fes t,auld Mulddig-Yard 2.000 AC 13 Trench 11m1111-4 " CI tone 3,167.000 02? 34 0111 eat Pipe ran08571 ni lb CLOM 100.000 01 35 nil Depth Patell 48S1A 418.000 SY Sanitary Sewer ExtensionTolal Water Main I'm piovernenis 36 Install Master Water Meer Vault 1.000 EA 37 6"484" Water Mal Tle In@ Bellevue Er. 2.000 EA 38 Flre Hydrant Assembly 2.000 FA 39 C61 & Cup Well 1.000 EA Water Main Improve enls Tula Grand Total; J.C. Dillon, Inc. will provide: • Labor, Equipment, and Materials • (1) Mobilization • New Manhole Frame & Lids for all structures Owner wi provide: • Permits or Permit Fees • Construction Staking, inspection, and Engineering • Materials Testing • Access to the site • Erosion Control other than Inlet Filters Notes: • None General Terms and Conditions: • .LC, Dillon, Inc. standard Pay Terms are (39) thirty days, unless agreed upon in writing prior to the start of the project • AU past due accounts will be charged a rate of 2% per month • Reasonable attorney fees for unpaid accounts will be the responsibly of the Owner. • Permit, Connection, or anyother fees are not included, unless they are listed above • Inspection and Materials Testing Fees are the responsibility of the Owner • Local & State Saks Tax is the responsibility of the Owner unless stated above • Performance and Payment Bond Fees are not included • J.C. Dillon, Inc. will not be held responsible for private utilities un -marked prior to the start of the project. All repair to those utilities will be at the Owner responsibility. • J.C.Dillon, Inc guarantees its work, subject to the exception stated or implied herein, for a period of (1) one year from the completion of the work, The owner will allow access to J.C. Dillon, Inc, to make the necessary repairs, 26 • IC. Dillon, Inc will not accept any back -charges from the Owner, unless J.C. Dillon, Inc. has been given. proper written notice of the Owner intent to back` -charge, and J.C. Dillon, Inc. is given (72) seventy-two hours to accept responsibility for the cause of the notice and commence corrective action to remedy, same. • J.C. Dillon, Inc does not assume any liability for or indemnify the Owner or Owner Representative from damages,losses, personal injuries or death attributed to their passive; active or partial negligence. J.C. Dillon,. Inc. normal working hours are 7:00 am thru 3:30 pm Monday thio Friday, except holidays. Visa, Master Card, American Express, and Discover is accepted This estimate is based upon aoccptanoe within (45) forty-five days ofthe :date of sam e The estimate is an offer to enter into an agreement for the work described hereinbefore, and is deemed an enforceable contract upon acceptance. The Owner accepts this estimate either by signature, oral assent, scheduling or commencing the workdescribed in this est=ate: Any of these modes of acceptance shall be deemed to incorporate all of the terms of this estimate into the contract between the Owner and J.C. Dillon, Inc: If you have any questions, feel free to contact ns @, 309-689-1596, and thank you for the opportunity to submit an estimate on your project. Print J.C. Dillon, Inc. Signature Date 2018 Print Signature Date 27