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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