2nd Amendment, Agreement, Flex Drainage Improve, 2006SECOND AMENDMENT
TO
FLEXSTEEL DRAINAGE IMPROVEMENT AGREEMENT
The Second Amendment to Flexsteel Drainage Improvement District is dated for
reference purposes this _day of , 20_.
Whereas, on September 10, 1993, the City of Dubuque, Iowa (City}, the County
of Dubuque, Iowa (County), and Flexsteel Industries Incorporated (Fiexsteel) entered
into the Flexsteel Drainage Improvement Agreement providing for a drainage
improvement on Flexsteel property; and
Whereas, City, County and Flexsteel now desire to further amend the Agreement
as set forth herein.
NOW, THEREFORE, IT AGREED BY AND AMONG THE PARTIES AS
FOLLOWS:
The Flexsteel Drainage Improvement Agreement, dated September 1oth, 1993,
and amended on December 6, 1993, is hereby amended as follows:
1. Paragraph 3 thereof is deleted and the following new Paragraph 3 is hereby
substituted in lieu thereof:
3. City, County and Flexsteel further agree to share on an equal basis the
costs of the long-term maintenance of the Improvement that City and County
determine to be necessary, including but not limited to the replacement of the
pump funded by the City, County and Flexsteel in 1994. However, City shall
be responsible for two thirds of the cost and County shall be responsible for
one third of the cost of silt removal from the Flexsteel Detention Basin. It is
the intention of the parties under this Paragraph 3 that any such costs shall
relate solely to the Improvement and not to any other work within the Couler
Valley Urban Drainage District unless otherwise agreed to in writing by the
parties.
2. Paragraph 4 thereof is deleted and the following new Paragraph 4 is hereby
substituted in lieu thereof:
4. Flexsteel shall be fully and solely responsible for the day-to-day operation
of and the expenses for its facility and the Improvement, including but not
limited to, maintenance of grass and personnel costs for opening and closing
valves, oiling and exercising the pumps, all as may be required to ensure the
proper functioning of the Improvement. City shall be responsible for the
electric charges for the pumps.
CITY OF DUBUQUE, IOWA,
By: ~~~=-~~-----------Roy D. Buol, Mayor
City of Dubuque
FLEXSTEEL INDUSTRIES INCORPORATED
By. ~l'!Lt.~'Kf'::-~~~~---
Patrick M. Crah
COUNTY OF DUBUQUE, IOWA,
by: ~~--~----~~-----
Wayne Demmer, Chairperson
Board of Supervisors
Senior Vice President & General Manager
?LEXSTEEL DRAINAGE IMPROVEMENT AGREEMENT
WHEREAS,
Dubuque, Iowa
Establishment
the City of Dubuque, Iowa (City), and the County of
(County) , have entered into an Agreement for the
of the Couler Valley Urban Drainage District; and
WHEREAS, said Agreement provides for cooperation between the
City and County for the identification and construction,
improvement or repair of certain drainage improvements that the
County and City determine benefit the property within the Couler
Valley Urban Drainage District; and
WHEREAS, City and County have determined that it is a benefit
to the property within the Couler Valley Urban Drainage District to
provide for a drainage improvement for Flexsteel Industries
Incorporated ( Flexsteel), property which is located in both the
City of Dubuque and in Dubuque County; and
WHEREA!l, Flexsteel desires to enter into an agreement with
City and County for the development of such drainage improvement;
It is t.herefore agreed by and among City, County and Flexsteel
as follows:
1. City, County and Flexsteel agree to cooperate to implement the
recommendation set forth in the May 25, 1993, report of IIW
Engineers and Surveyors, P. C. , re: Drainage at Flexsteel
Industries, to be referred to as the Flexsteel Drainage Improvement
(Improvement) . A written construction plan for the Improvement
shall be agreed to by City, County and Flexsteel before beginning
final design of the Improvement.
2. The parties agree to contribute to the cost of the Improvement
in equal shares, but the share of the county and the share of the
City shall not exceed $100,000 each.
3. City, County and Flexsteel further agree to share on an equal
basis the long-term maintenance costs of the improvement, which
City and County determine to be necessary, including but not
limited to, the removal of silt from the Flexsteel Detention Basin
and the replacement of pumps.
4. Flexsteel agrees that it will be fully and solely responsible
for the day-to-day operation of and the expenses for its facility
and the Improvement, including but not limited to, electric charges
for pumping, maintenance of grass, and personnel costs for opening
and closing valves as is required to ensure the proper functionin9
of the Improvement.
5. City,
efforts to
1994.
-2-
County and F1exsteel agree to exercise their best
complete construction of the Improvement by Spring,
Dated this lOth ---="----"-'-----day of September ' 1993.
CITY OF DUBUQUE, IOWA, COUNTY OF DUBUQUE, IOWA,
by:
-/ I . -/.
-:;x ,_jj.,' 'c.-< ' ;
FLEXSTEEL INDUSTRIES INCORPORATED
FIRST AHENDNENT TO FLEXSTEEL DRAINAGE INPROVENENT AGREEHENT
The Flexsteel Drainage Improvement Agreement, dated September
lOth, 1993, is hereby amended as follows:
1. Paragraph 3 thereof is deleted and the following new Paragraph
J is hereby substituted in lieu thereof:
3. City, County and Flexsteel further agree to share on an
equal basis the long-term maintenance costs of the
Improvement, which City and County determine to be necessary,
including but not limited to, the removal of silt from the
Flexsteel Detention Basin and the replacement of pumps. It is
the intention of the parties under this Paragraph 3 that any
such costs shall relate solely to the Improvement and not to
any other work within the Couler Valley Urban Drainage
District unless otherwise agreed to in writing by the parties.
Dated this 6th day of December 199 3 ------~--~-----------' .
CITY OF DUBUQUE, IOWA,
by:
mes E. Brady,
City of Dubuque
by:
COUNTY OF DUBUQUE, IOWA,
(\ J I r ,
by: y\i;" ·!, .1 .-{. 0cv t/2(
Donna Smlth, Chalrperson
Board of Supervisors
INCORPORATED
) //
/t-r/-:;~ --.__
Patrick . crahan
Vice President & General Hanager