Loading...
Dubuque Industrial Center North First Addition CovenentsMasterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Covenants in the Dubuque Industrial Center North DATE: February 2, 2011 When the City platted the Dubuque Industrial Center West, the City Council also approved covenants to govern the development of this industrial property. These covenants were expanded to later include the additions in the Dubuque Industrial Center West. The covenants provide regulations for the following: 1). Maintenance of Public Areas 2). Assessments for Maintenance 3). Architectural Control • Construction Materials • Landscaping Features • Exterior Signage Economic Development Director Dave Heiar recommends the City Council approve a Resolution that adopts the same covenants that govern the Dubuque Industrial Center West, for the Dubuque industrial Center North First Addition. I concur with the recommendation and respectfully request Mayor and City Council approval. 4_ ael C. Van Milligen gen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager David J. Heiar, Economic Development Director Dubuque bliZA AI-AmerlcaCi7 2007 PREPARED BY IIW ENGINEERS Al SURVEYORS P.C. 6155 PENNSYLVANIA AVE, DUBUQUE. IOWA. 563.556.2464 FINAL PLAT DUBUQUE INDUSTRIAL CENTER NORTH FIRST ADDITION IN THE CITY OF DUBUQUE, IOWA ACCESS EASEMENTS ARE HEREBY ESTABLISHED OVER AND ACROSS LOTS 2, 3 AND 4 OF DUBUQUE INDUSTRIAL CENTER NORTH FIRST ADDITION AND SUBDIVISIONS THEREOF, FOR THE PURPOSE OF PROVIDING THE CITY OF DUBUQUE, FOR ITSELF, THEIR AGENTS, CONTRACTORS AND ASSIGNS, ACCESS FROM PUBLIC RIGHTS OF WAY TO LOTS A AND C OF DUBUQUE INDUSTRIAL CENTER NORTH FIRST ADDITION IN THE CITY OF DUBUQUE, IOWA FOR THE REPAIR AND MAINTENANCE OF CITY PROPERTY AND FACILITIES. DESCRIPTION: COMPRISED OF THE WEST 30 ACRES, LOT 1 AND LOT 2 OF THE EAST 10 ACRES OF THE NE1 /4— NW1 /4, LOT 1 -1, LOT 2 -1, AND LOT 2 OF THE NW1 /4— NE1 /4, SW1 /4— NE1 /4, LOT 1 -1 AND LOT 2 -1 OF' THE SE1 /4— NW1 /4, LOT 2 OF THE SW1 /4 —NW1 /4 ALL IN SECTION 30, TOWNSHIP 89 NORTH, RANGE 2 EAST OF THE 5TH PRINCIPLE MERIDIAN AND LOT 2 OF DUBUQUE INDUSTRIAL CENTER WEST 6TH ADDITION ALL IN THE CITY OF DUBUQUE, IOWA PROPRIETOR: CITY OF DUBUQUE, IOWA SURVEYED FOR: CITY OF DUBUQUE, IOWA DATE OF SURVEY: OCTOBER 2010 TOTAL AREA SURVEYED: 169.818 ACRES LEGEND PLAT BOUNDARY • FOUND 5/8 " IRON ROO W/ PLASTIC CAP NO. AS NOTED • FOUND PK NAIL O SET 5/8" IRON R00 W/ RED PLASTIC CAP NO. 12631 • SET CUT "X" IN CONCRETE ( ) RECORD INFORMATION R.O.W. RIGHT —OF —WAY EX EXISTING U.E. PUBLIC UTIUTY EASEMENT lmalllilu011,.. NORTH GRAPHIC SCALE 0 400 800 1" =800' DRAWING MAY HAVE BEEN REDUCED NOTE THIS SURVEY IS SUBJECT TO EASEMENTS, RESERVATIONS, RESTRICTIONS AND RIGHTS —OF —WAY OF RECORD AND NOT OF RECORD. 1 HEREBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT WAS PREPARED AND THE RELATED SURVEY %ORR WAS PERFORMED SY ME OR UNDER MY ORECT PERSONAL SUPERNSION AND THAT I AM A DULY UCENSED LAND SURVEYOR UNDER THE LAWS OF THE STATE OF 101/A FCR 56 ENGINEERS at SURVEYORS, P.C. JOHN M. TRANMER UCENSE N0. 12631 DATE MY *CEN5E RENEWAL DATE 15 12/31/2010 PACES OR SHEETS COVERED 8Y THIS SEAL SH EE T 5 • L 3. h 4 ONLY IIW ENGINEERS & SURVEYORS, P.C. INTEGRITY. E[PBITIS8 SOLUTIONS. 865311,1A xwx.(1arp..Wl 4155 PENNSYLVANIA AVE DUBUQUE.. 52002 VOICE (5612556-3161 FAX (502)5347511 DRAWN SAF CHECKED JMT DATE 11 -05 -10 PLAT NO. 48 —IA -10 PROJ. NO. 07147 -01 SHEET 1 of 4 P: \07 \147- 01 \CIV \DWG \PHASE 3 \FINAL PLAT -2 FINAL PLAT DUBUQUE INDUSTRIAL CENTER NORTH FIRST ADDITION NW COR NE1 /4 -NW1 /4 IN THE CITY OF DUBUQUE, IOWA SEC. 30 -89 -2E YELLOW CAP #13148 S8712'06 "W 1310.75' I LO T 2 -2 OF E 901 6' OF N..650' OF I LOT 1 LOT 1 -2 OF E.901.6' OF N.650' OF LOT 1 LOT 1 -1 -1 LOT 1 OF S. 10.25 ACRES A 11GGES SUBDIVISION 1n N 0 S8711'22 46.51' /6" ROD YELLOW, 0 CAP \ ROi ?nl 01 1 N CO WEST UNE OF to NE1 /4 -NW1 /4 N PENNSYLVANIA AVE NH S A0 y189b6 SW COR NE1 /4 -NW1 /4 SEC. 30 -89 -2E O tP 5/8" YELLOW CAP STORM AND SANITARY t.3 SEWER EASEMENT • 7 71LIV30 "E 54 NOTE THIS SURVEY IS SUBJECT TO EASEMENTS, RESERVATIONS, RESTRICTIONS AND RIGHTS -OF -WAY OF RECORD AND NOT OF RECORD. 58712'06 "W 817.77' NORTH LINE OF - NE1 /4-NW1 /4 I LOT 4 66796 ACRES Or a S8712'06 "W_ 100,00' I „,,nlllllllllu111,.. NORTH N83 21 Or a" Or 401'57'06 "W I 108.09' STORM SEW& EASEMENT N1 35'1 3"E 260.33' NO2'35'19 W 40.00' N o 387'24'41"W N. QUARTER COR SEC. 30 -89 -2E FOUND PK NAIL S87'04'16 "W 180.00' .1 S87'3513 "W 467.29' WEST LINE OF NE1 /4 GRAPHIC SCALE 0 200 400 1" =200' DRAWING MAY HAVE BEEN REDUCED S87'04'16 "W 1341.97' OT D 6.685 ACRES (--- 211.3' 25.3' S66'56'28 "W 159.81' 50' EA SEWER SEMENT 20' ACCESS EASEMENT S6 011 �g9k2 2g >„ N90'00'00' ce 231.12' N44'57'34 "W w F EX AT &T EASEMENT 130.53' to w PER INST. 5903 -88 1- 1n N12'19'12 "E 171.97' 50' 8 "4'06" 21 2.63' 111927'39 "W 130.85' LOT C 40.726 ACRES Z 0 DRAWN SAF CHECKED JMT N19'10'14 "W 134.44' NORTH LINE OF — NW1/4-NE1/4 EAST LINE OF NW1 /4 -NE1 /4 NE COR SWI /4 -NE1 /4 SEC. 30 -89 -2E NO CAP DATE 11 -05 -10 16.5' 1 0 0, EAST LINE OF IIW ENGINEERS & SURVEYORS, P.C. NWI /4 -NE1 /4 aa - 2E YELLOW CA #13146 LOT 1 9.34' INTEGRITY EXPERTISE. SOLUTIONS. PLIRIQUE. u "eu;, 04] .111511.1115111e7511,0 SVL.1115111e7511,0 AVE. RIIR000. VOICEI142Ml IAS 04811F 41)J com E COR z 0 PLAT NO. 48 -IA -10 PROJ. NO. 07147 -01J SHEET 2 of 4 P: \07\ 147- 01 \DWG \CIVIL \PHASE3 \FEN AL -PLA T2 W 1n s w o CAPu' I N , \,4 I t. o o� I - 5/8" ROD ORANGE 87'22'4 189.77' LOT A WESTBR00K SUBDIVISION LOT 1 -6 BLOCK 3 WESTBROOK — �S B01lSION N87'13'08 "E 29.13' LOT 2 -6 LOT 3 DUBUQUE INDUSTRIAL CENTER WEST 4TH ADDITION 0I ID G 1 z 07 N N 1 587 •1 9. LOT A V. S15'24'42 "W 14.139 ACRES .0. 129.79' A SA77 5 N • y NO3'14'55 "W 137.61' S N 30' WIDE SANITARY SEWER EASEMENT N10'42'11 "E 137.08' WEST LINE OF SE1 /4 -NW1 /4 3 A 5/8" R06, YELLOW OP LOT 1 NOTE THIS SURVEY IS SUBJECT TO EASEMENTS, RESERVATIONS, RESTRICTIONS AND RIGHTS -OF -WAY OF RECORD AND NOT OF RECORD. Cpl 24 114 SE' 1 ,0 -6 SEC SOUTH LINE OF SE1 /4 -NW1 /4 N '1 08 "E J SW COR SE1 /4 -NW1 /4 \ SEC. 30 -89 -2E RED CAP #12631 DUBUQUE INDUSTRIAL CENTER WEST .,IIIIIIIII�IIIillul,.. NORTH 'co ° EX AT &T EASEMENT PER INST. 5903 -88 rn LOT 3 24.506 ACRES N87'13'08 "E - � 66 k7= 1 38.02' \ \ N87'2Y 5' GRAPHIC SCALE 0 200 400 520.$8' Q TEMPOR RY ROADWAY & UTILITY ASEMENT, SAID EASEMENT SHALL TERMINATE UPON TINE EXTENSION OF in INNOVATION DRIVE. N CA \ 03 0 N CD \OZ \q�)0\,trIC m Cl £� 1 3 56C N 0) .— a 0 LOT 6 1" =200' DRAWING MAY HAVE BEEN REDUCED STORM SEWER I EASEMENT SE OR NW1 /4 SEC. 30 -89 -2E 5; °- to Z f^ S8724'41 "W co 75.00' "'ao. 0) o; w U rn ,SZ DUBUQUE INDUSTRIAL \ CENTER WEST \ 5TH ADD. N LOT 1 -1 6) U1 43 . •N L= 95.21' R= 1050.00' G= 5'11'43" CHORD = 584'27'38 "W 95.18' FINAL PLAT DUBUQUE INDUSTRIAL CENTER NORTH FIRST 1 ADDITION IN THE CITY OF DUBUQUE, IOWA w > > ~ N51'13'10 "E OT 4 a F g 120.31' N 7.04'19 "E 5 8■Ik p � s 9 4 � SE csi O J m J V N86'17 26 "E 31.2 337.15' 73.7' z STORM & vi SANITARY SEWER 0 1. EASEMENT O CO* LOT 2 t8.369 ACRES N w 0) N W 57.8' S652 0'0 "W 418.24' 18' 25' X 25' r SANITARY SEWER \ EASEMENT / _J N87'0 •,o. 579,95 25' SANITARY SEWER ( EASEMENT (.0 LOT 1 � 4- J 68 320. g CQ 0 D i 2 11/ r � C ° A Z In Z r'1 -- I 01 -4 o A 73 6.109 ACRES ` OS 20. rsl • N47'44'23 "W 6TN 27.91' CHAVENELLE (100' R.O. W) ROAD - L= 369.05' R= 1050.00' 8= 20'08'17" CHORD =N82'52'22 "W 367.15' N88'19'51 "E S24'08 " E ELECTRIC TRANSMISSION 87.35' UNE EASEMENT ACROSS SW1 /4 -NE1 /4 OF SEC. 30 T89N, R2E, RECORDED IN BK, L25, PG. 535 AND VACATED PER THIS PLAT S89'18'10 "W 328.25' EX AT &T EASEMENT PER INST. 5903 - SOUTH LINE OF - `_ 33 1702 '31 "E 13.1'02' - 5/8" RO RED CAP #12631 DUBUQUE INDUSTRIAL ` LOT I \ v \ CENTER WEST O S72'32'04 "E 196.49' q DUBUQUE p t INDUSTRIAL OQ d CENTER WET N 6TH ADDI TIO 5/8" ROD RED CAP #126. 1 LOT C O DRAWN DATE \ SAF CHECKED JMT SE COR SW1 /4 -NE1 /4 SEC. 30 -89 -2E YELLOW CAP #13146 rn \ • u3 11 - 05 - 10 EAST LINE OF SW1 /4 -NE1 /4 676.06' LOT A IIW ENGINEERS & SURVEYORS, P.C. INTEGRITY EXPERTS! SOLUTIONS WEL 0111.1 11151TNNSTLYANIA AYR X1IL'QUEJA 52662 WIGWAG...61 FAX TINT! #9111 N APPROX. ELECTRIC TRANSMISSION LINE EASEMENT BK. L.25, P. 535 21.83' 16.5' I X .2 PLAT NO. 48 -IA -10 PROJ. NO. 07147 -014 SHEET 3 of 4 Prepared by: David J. Heiar, Economic Development Director Address: City Hall, 50 W. 13th St Telephone: 589 -4210 Return to: Jeanne Schneider, City Clerk Address: City Hall- 50 W. 13 St Telephone: 589 -4121 RESOLUTION NO. 35-11 ADOPTING THE THIRD AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS, LIENS AND CHARGES WITH RESPECT TO DUBUQUE INDUSTRIAL CENTER NORTH FIRST ADDITION Whereas, the City platted the Dubuque Industrial Center West and on October 25, 1999 the City Council adopted covenants to govern this industrial property; and Whereas, on April 15, 2002 the City adopted the covenants to include the Dubuque Industrial Center West Lots 1, 2, 3, 4 A, B, C and D and Dubuque Industrial Center West 2 Addition to the Dubuque Industrial Center West; and Whereas, on June 2, 2006 the City adopted the covenants to also include the Dubuque Industrial Center West 5 Addition; and Whereas, on November 15, 2010 the City Council approved the final plat for the Dubuque Industrial Center North Addition; and Whereas, the City Council has determine that the Third Amended and Restated Declaration of Covenants, Conditions, Restrictions, Reservations, Easements, Liens and Charges attached hereto should govern Dubuque Industrial Center North First Addition. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Third Amended and Restated Declaration of Covenants, Conditions, Restrictions, Reservations, Easements, Liens and Charges is hereby approved and shall govern Dubuque Industrial Center North First Addition Section 2. The Mayor and City Clerk are hereby authorized and directed to endorse the approval for the City of Dubuque, Iowa on the Third Amended and Restated Declaration of Covenants, Conditions, Restrictions, Reservations, Easements, Liens and Charges. Passed, approved and adopted this 7 day of February 2011. Attest: anne F. Schneider, City Clerk r " Z, F: \USERS \Econ Dev \DICW \Covenants & Ordinance\20110202 Resolution Adopt North Addition Covenants_1_1.doc Roy D. Buol, Mayor Prepared by: Barry A. Lindahl 300 Main Street, Suite 330 , Dubuque, Iowa 52001 Phone: 563 - 583 -4113 Return to: Jeanne Schneider, City Clerk Address: City Hall 50 W. 13 Street Telephone: 589 -4121 DUBUQUE INDUSTRIAL CENTER NORTH FIRST ADDITION STATE OF IOWA 1 1 ss: COUNTY OF DUBUQUE 1 The City of Dubuque, Iowa, ( "City ") hereby makes THIS THIRD AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS, LIENS AND CHARGES on this 7 day of February, 2011. BACKGROUND City is the owner of certain property in Dubuque, County of Dubuque, State of Iowa, which is described as Dubuque Industrial Center West Lots 1, 2, 3, 4, A, B, C, D, Dubuque Industrial Center West 2nd Addition, Dubuque Industrial Center West 5 Addition in the City of Dubuque, Iowa; and Dubuque Industrial Center North First Addition. City on October 25, 1999 adopted the Declaration of Covenants, Conditions, Restrictions, Reservations, Easements, Liens and Charges recorded as Instrument No. 17454 -99 on November 16, 1999 with respect to Dubuque Industrial Center West Lots 1, 2, 3, 4, A, B, C and D. City on April 15, 2002 adopted its Amended and Declaration of Covenants, Restrictions, Reservations, Easements, Liens and Charges with respect to Dubuque Industrial Center West Lots 1, 2, 3, 4, A, B, C and D, Dubuque Industrial Center West 2 Addition in the City of Dubuque, Iowa. City Page 1 THIRD AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS, LIENS AND CHARGES adopted the Declaration of Covenants, Conditions, Restrictions, Reservations, Easements, Liens and Charges recorded as Instrument No. 2006 - 00008229 on June 2, 2006 with respect to Dubuque Industrial Center West Lots 1, 2, 3, 4, A, B, C and D, Dubuque Industrial Center West 2nd Addition and Dubuque Industrial Center West 5 Addition. City now desires to add Dubuque Industrial Center North Addition to the Properties described in the Amended and Declaration of Covenants, Conditions, Restrictions, Reservations, Easements, Liens and Charges as provided in Article II thereof. City hereby adopts this Third Amended and Restated Declaration of Covenants, Conditions, Restrictions, Reservations, Easements, Liens and Charges as hereinafter set forth, which shall be binding upon City's successors and assigns and which shall apply to the following described property (the Properties): Dubuque Industrial Center West Lots 1, 2, 3, 4, A, B, C and D; Dubuque Industrial Center West 2nd Addition; Dubuque Industrial Center West 5 Addition; and Dubuque Industrial Center North First Addition DECLARATION The following provisions are set forth to guide the initial development and provide a format for the ongoing management of Dubuque Industrial Center West. It is the objective of these provisions to set forth minimum standards and restrictions to create an industrial center that emphasizes the general appearance and aesthetics of the center. Specifically, these provisions intend to emphasize a continuity and compatibility of exterior appearance through building facades, landscaping and other exterior features. City hereby declares that all of the Properties described herein shall be held, sold and conveyed subject to the following covenants, conditions, restrictions, reservations, easements, liens and charges, all of which are for the purpose of enhancing and protecting the value, desirability and attractiveness of said real property. These covenants, conditions, restrictions, reservations, easements, liens and charges shall run with the land and shall be binding on all parties having or acquiring any right, title or interest in the Properties herein described or any part thereof, and shall inure to the benefit of each owner thereof. ARTICLE I. DEFINITIONS Section 1. "Properties" shall mean and refer to each and every parcel, and all portions thereof, of the real property herein before described and such additions thereto as may be hereafter added. Section 2. "Lot" shall mean and refer to any plot of land, except Public Page 2 Areas and public rights -of -way, shown upon any recorded Subdivision Plat of the Properties. Section 3. "Owner" shall mean and refer to the record titleholder, whether one or more persons or entities, of fee simple title to any Lot which is a part of the Properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. Section 4. "Public Areas" shall mean and refer to the landscaped areas, recreational trail, park lands and lake areas as identified by the exhibit attached and hereby made a part of this Declaration the ownership of which shall be retained by the City of Dubuque. The Public Areas shall be open to the public for the use and enjoyment of the public. ARTICLE II. ANNEXATION OF ADDITIONAL PROPERTY At any time within twenty -five (25) years from the date hereof, City may, by instrument duly executed and recorded, add additional land to the Properties. ARTICLE III. PUBLIC AREAS City shall cause the construction of such improvements as City deems appropriate in the Public Areas. Maintenance and repair of the Public Areas and its improvements shall be the responsibility of City with fifty percent (50 %) of costs of such maintenance and repair assessed to and paid by the Owners. Private connections to the Public Areas and the subsequent maintenance and repair of such private connections shall be the responsibility of each Owner and shall not be constructed without the prior written approval of City. ARTICLE IV. MAINTENANCE ASSESSMENTS Section 1. City shall levy against the Properties in each assessment year an annual assessment for the purpose of paying fifty percent (50 %) of the actual costs of City s maintenance and repair of the Public Areas and the actual costs associated with maintaining and lighting the park entrance signs. Said assessment may also include the establishment of a capital improvements reserve fund for such purposes. Upon establishment of such assessment levy, each Owner shall pay to City a pro rata share (as hereinafter defined) of such assessment levy. Section 2. If such pro rata share is not paid within thirty (30) days after its due date, the amount of such pro rata share shall become a lien upon the Lot obligated to pay the same and shall bear interest from the due date at the highest legal contract rate applicable to a natural person. City may bring an action at law against any Owner obligated to pay the same, or foreclose the lien against the Lot. Page 3 The Owner shall also be obligated to City for City s costs and reasonable attorney's fees of any collection efforts. No Owner may waive or otherwise avoid liability for an assessment provided herein by non -use of the Public Areas or abandonment of a Lot. Section 3. An Owner's pro rata share shall be equal to a fraction, the numerator of which shall be the gross square feet area of the Lot or Lots owned by the Owner and the denominator of which shall be the gross square feet area of the Properties exclusive of the Public Areas and public rights -of -way. ARTICLE V. ARCHITECTURAL CONTROL Section 1. General Requirements. No building, fence, wall or other structure, including signage, shall be commenced, or erected upon any Lot nor shall any exterior addition to or change or alteration therein be made nor shall any landscaping be performed nor shall any filling, grading or excavation be commenced until the plans and specifications showing the nature, kind, shape, height, materials, colors and location of the same shall have been submitted to and approved in writing by the City Manager as to harmony of external design and location in relation to surrounding structures and topography. Section 2. Construction Materials. The use of appropriate exterior building materials shall be required to enhance the overall appearance of Dubuque Industrial Center West. One or more of the following durable, high quality materials shall be used as the construction material of all exterior building walls or structures: brick, stone, concrete panels, textured concrete block, fascia glass, architectural metal, exterior insulating finish systems (EIFS), wood or other approved material. Section 3. Landscaping Features. Landscape plans shall be reviewed by the City Manager to ensure a compatible design that relates the new development to its surroundings, including its relationship to adjoining private Lots and Public Areas. The Planned Unit Development (PUD) ordinance for the Dubuque Industrial Center West provides for minimum landscaping requirements; however, approval of a plan may require additional landscaping elements to be incorporated in the planting scheme based on the specific Lot location, type and location of structures on the Lot or adjacent developments. Section 4. Exterior Storage. The requirements of the PUD ordinance for the Dubuque Industrial Center West shall be controlling. Section 5. Postal Service. A centralized postal delivery station will be installed in the Public Areas to provide individual mail boxes for businesses located in the Dubuque Industrial Center West. No other mail box or receptacle of any kind shall be allowed on any Lot or upon the public right -of -way. Page 4 ARTICLE VII. GENERAL PROVISIONS Section 1. It shall be the responsibility of each Owner to maintain and repair public sidewalk surfaces on the Owner s Lot and the adjoining public right -of- way and to keep the same free and clear of ice, snow, defects or nuisances. Section 2. The Owner of any Lot, vacant or improved, shall maintain the Lot at all times in clean, safe, orderly and sanitary condition. Plant material and lawn areas shall be continually maintained in a manner consistent with the growing requirements and characteristics of each planted species. Section 3. Erosion control shall be the responsibility of the Owner of each Lot during any and all construction periods. Each Owner shall maintain at all times the cleanliness of any public rights of way impacted by construction material, including but not limited to mud, dirt, mulch or any other material or debris associated with the construction. Clean up shall occur on not less than a daily basis. Section 4. City shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, easements, liens and charges now or hereafter imposed pursuant to the provisions of this Declaration. Failure by City to enforce any of said covenants or restrictions shall not be deemed a waiver of the right to do so thereafter, nor shall it be construed as an act of acquiescence or approval on the part of City. Section 5. Invalidation of any one of the provisions of this Declaration by court judgment or order shall neither effect nor invalidate any other provision, and the same shall remain in full force and effect. Section 6. Any firm, person, corporation or other entity which shall succeed to title to any Lot through foreclosure of a mortgage or other security instrument or through other legal proceedings, shall succeed to the rights, duties and liabilities of the previous Owner as herein provided. Section 7. The covenants and restrictions of this Declaration shall run with the land and shall inure to the benefit of and be enforceable by City, or the Owner of any Lot subject to this Declaration, the Owner s legal representatives, heirs, successors and assigns, for a term of 21 years from the date of the recording of this Declaration. The City or any other interested party may, prior to the expiration of these covenants, file a verified claim pursuant to Iowa Code Section 614.24 to extend these covenants for an additional 21 years. Section 8. This Declaration may be amended by an instrument signed by City and Owners of not less than 80 percent of the Properties by area. Any instrument amending, modifying or canceling this Declaration shall not take effect until its recording. Page 5 Section 9. In the event any Owner fails or neglects to perform its rights, duties and obligations in accordance with the intents, purposes and provisions of this Declaration, City may take such further action as may be necessary, from time to time, to ensure that the objects and purposes of this Declaration are fulfilled. Attest; By: eanne F. Schneider, City Clerk STATE OF IOWA COUNTY OF DUBUQUE CITY OF DUBUQUE, IOWA SS On this 7 'day of— i , 2011, before me a Notary Public in and for said County, personally appeare ' oy D. Buol and Jeanne F. Schneider to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively of the City of Dubuque, Iowa, a Municipal Corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said Municipal Corporation, and that said instrument was signed and sealed on behalf of said Municipal Corporation by authority and resolution of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said Municipal Corporation by it voluntarily executed. A t A Notary Public in and for Dubuque County, Iowa /OWN SUSAN M. WINTER COMMISSION N0,183274 MY COMMISSION EXPIRES 2/14/14 Page 6 Roy D uol, Mayor