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MWH Americas_MidAmerica Energy Company_Soil Borings and Monitoring Well InstallationMasterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: MWH Americas, Inc. /MidAmerican Energy Company Soil Borings & Monitoring Well Installations DATE: July 22, 2011 Dubuque kntril AI- America City 2007 A request was received from MWH Americas, Inc. (MWH) of Des Moines, Iowa, on behalf of MidAmerican Energy Company, to conduct further investigation of potential petroleum contamination at the former Peoples Natural Gas site at 925 Kerper Boulevard, a City -owned site that was the former Public Works Department headquarters. MWH has been retained by MidAmerican Energy Company to provide environmental assistance at the former Peoples Natural Gas site at 925 Kerper Boulevard. Thiele Geotech, Inc. will be the company performing the borings and monitoring well installations. The proposed eight soil borings and two monitoring well installations will be on City right -of -way between Kerper Boulevard and the railroad spur. City Engineer Gus Psihoyos recommends City Council approval of the execution of the City's License Agreement for the soil boring and monitoring well installations on City right -of -way for the continued environmental assessment of the former Peoples Natural Gas site. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Gus Psihoyos, City Engineer Masterpiece on the Mississippi TO: FROM: Gus Psihoyos, City Engineer SUBJECT: MWH Americas, Inc. /MidAmerican Energy Company Soil Borings & Monitoring Well Installations Michael C. Van Milligen, City Manager /-----) DATE: July 21, 2011 INTRODUCTION Dubuque ketei Ali-America cny 11111 ! 2007 This is in response to a request from MWH Americas, Inc. (MWH) of Des Moines, Iowa, on behalf of MidAmerican Energy Company, to conduct further investigation of potential petroleum contamination at the former Peoples Natural Gas (PGN) site at 925 Kerper Boulevard. DISCUSSION MWH has been retained by MidAmerican Energy Company to provide environmental assistance at the former PNG site at 925 Kerper Boulevard. Thiele Geotech, Inc. will be the company performing the borings and monitoring well installations. The proposed eight soil borings and two monitoring well installations will be on City right -of -way between Kerper Boulevard and the railroad spur, as shown on the attached map. The initial borings will begin July 25, 2011 through the excavation permit, while the well installations would begin after Council approval and the initial boring results. The work is being conducted to evaluate the extent of impacted groundwater that may be associated with the former PNG facility. The Environmental Protection Agency (EPA) will provide regulatory oversight of the environmental assessment activities at the site. The City Council's approval would be in the form of a License Agreement between Thiele Geotech, Inc. and the City. The attached License Agreement outlines the responsibility of Thiele Geotech, Inc., provides indemnity to the City, and requires proof of liability insurance for placement of soil borings and meter equipment on City right -of- way. The License Agreement provides that the City shall have no liability for any environmental contamination occurring on the project's property, on City property, or on adjacent private property as a result of contamination from the former Peoples Natural Gas site. RECOMMENDATION All appropriate documents, City's License Agreement, a map of boring /meter locations, and proof of liability insurance have been submitted by MWH Americas, Inc. and Thiele Geotech, Inc. and have been approved by City staff. I would, therefore, recommend that the City Council adopt the attached resolution authorizing the Mayor to execute the attached License Agreement for Site Assessment. BUDGET IMPACT This request does not have any budget impact for the City. ACTION TO BE TAKEN The City Council is requested to adopt the attached resolution authorizing the Mayor to execute the City's License Agreement for the soil boring and monitoring well installations on City right -of -way for the continued environmental assessment of the former Peoples Natural Gas site. Prepared by: Jane Smith K:UANE SMITH \ROW\ROWENCR \WELLSWIid - American Energy MWH \925 Kerper 2011 2 RESOLUTION NO. 239 -11 AUTHORIZING LICENSE AGREEMENT FOR SITE ASSESSMENT BETWEEN THE CITY OF DUBUQUE AND THIELE GEOTECH, INC. TO CONDUCT SOIL BORINGS AND INSTALL MONITORING WELLS ON PUBLIC RIGHT -OF -WAY IN THE AREA OF 925 KERPER BOULEVARD Whereas, MWH Americas, Inc. (MWH), on behalf of MidAmerican Energy Company, has requested permission from the City of Dubuque to conduct eight soil borings and to install two monitoring wells on City right -of -way east of 925 Kerper Boulevard in Dubuque, Iowa, for the purpose of evaluating impacted groundwater that may be associated with the former Peoples Natural Gas (PGN) site; and Whereas, the License Agreement for Site Assessment has been prepared outlining the responsibilities of MHW in the installation of monitor wells and in the performance of soil borings on public right -of -way;. and Whereas, the performance of the activities of MWH will be at no cost or expense to the City, and all work will be performed by MWH, or its employees, agents or subcontractors; and Whereas, it is the desire of the City Council to approve said License Agreement for Site Assessment for the installation of monitoring wells and soil borings in the public right -of -way as requested. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 2011. Attest: Section 1. The License Agreement for Site Assessment be and the same is hereby approved. Section 2. That the Mayor be and is hereby authorized to execute said License Agreement for and on behalf of the City Council. Passed, approved and adopted this i day of August Kevin S. Firn tahl, Acting City Clerk Roy D. Buol, Mayor LICENSE AGREEMENT FOR SITE ASSESSMENT THIS AGREEMENT is entered by and between Thiele Geotech, Inc. (Licensee) and the City of Dubuque, Iowa (City), this 11th day of July 2011. WHEREAS, Licensee has entered into a contract with MWH Americas, Inc. on behalf of MidAmerican Energy Company and /or (the Iowa Comprehensive Petroleum Underground Storage Tank Board (the Board) to investigate potential petroleum contamination at a number of Underground Storage Tank (UST) sites in the City of Dubuque pursuant to a Community Remediation Project undertaken by the Board in the Dubuque metropolitan area); and WHEREAS, pursuant to said contract, Licensee will assess and investigate said sites to determine the presence of petroleum contamination by taking soil samples and installing groundwater monitoring wells (the Activities), all in contemplation of the preparation and submission of a Site Clean -Up Report (SCR) to the Iowa Department of Natural Resources by the Licensee; and WHEREAS, the investigation of said sites, listed in Exhibit A attached hereto (Project Properties), will in many instances involve the investigation of adjacent City- owned property, or City -owned street or alley right -of -way, (City Property or the City Properties); and WHEREAS, the Licensee's performance of the Activities herein provided will be at no cost or expense to City and it is recognized that all work will be performed by Licensee or its employees, agents, or subcontractors; and WHEREAS, it is the desire and intention of Licensee and City to make this mutual agreement with respect to access to City Properties and with respect to the Activities to be conducted upon the said City Properties. NOW, THEREFORE, for and in consideration of the mutual covenants and undertakings hereinafter made by City and Licensee, the said parties do hereby agree as follows: 1. City hereby grants to Licensee, its contractors, subcontractors, and their employees and agents, a temporary license to enter upon City Properties adjacent to Project Properties for the performance of the assessment and investigation activities described herein below (the Activities), and the right to enter shall continue in effect until August 25, 2011. If at that time Licensee has not completed all Activities required of it under its contract with the Board, City may, through its City Council, extend this License Agreement for such additional period or periods of time to reasonably complete the Activities. The expiration of this License notwithstanding, Licensee shall retain its obligations with respect to the maintenance and removal of monitoring wells until such time as those obligations are satisfied, all as provided in Paragraph 5 hereof. 2. City represents and warrants that it owns and is lawfully possessed of all streets and alley rights -of -way adjacent to the Property Properties and that it has full authority to grant and enter into this License Agreement, provided, however, that Licensee shall be obligated to obtain permission from the Iowa Department of Transportation before conducting any of the Activities hereafter enumerated upon State highway right -of -way within the City of Dubuque. 3. The assessment and investigation activities (the Activities) to be undertaken by Licensee may include the following: Licensee agrees that its entry upon the City Properties shall be limited to the performance of said Activities. Licensee further agrees to undertake and complete the said Activities upon the City Properties in a prudent and responsible manner, and in accordance with all applicable laws and regulations of City, the state of Iowa, and the United States, and in accordance with all applicable orders, directives and regulations of IDNR or other governmental agencies having jurisdiction of the Activities. 4. Licensee agrees to notify City, at the time it picks up Excavation Permits for particular Project Properties, of its intent to commence the Activities upon specific City Properties. Licensee agrees not to conduct soil borings or to install groundwater monitoring wells upon the paved portion of any street or in any street or highway median, without special written authorization from City's Public Works Director. As to privately owned "underground facilities" located upon City Property, Licensee agrees to follow the procedures provided in Chapter 480 of the Iowa Code regarding obtaining locator service prior to the commencement of excavation or drilling activities, and that its responsibility and liability for damage to such facilities shall be determined in accordance with the provisions of that Chapter. As to City owned or operated "underground facilities ", (including but not limited to sewer, water, electric, electronic communications, and traffic control), City agrees that appropriate City departments or agencies will provide locator services for its underground facilities as required by Chapter 480 of the Iowa Code. Licensee, its agents, employees, contractors or subcontractors, agrees that its responsibility and liability for damage to underground facilities owned or operated by City, shall be determined in accordance with the provisions of Chapter 480 of the Iowa Code. 5. Within a reasonable time after completion of each step of any of the Activities on City Properties, Licensee shall cause any tools, equipment, materials except for any groundwater monitoring wells placed hereon to be removed, and shall restore said Properties to the condition they were in prior to commencement of said Activities. The obligation to remove and properly abandon each particular groundwater monitoring well upon City Properties shall remain the responsibility of Licensee until each such monitoring well is properly removed and abandoned as required by applicable state or federal law or regulation, as evidenced by a well closure report issued by a certified well driller. Alternatively, the obligation of Licensee with regard to particular monitoring wells shall be deemed discharged upon City's Public Works Director's receipt, acceptance, and execution of an agreement, in form acceptable to City's Legal Department, executed by the owner of the adjacent Project Property, pursuant to which the said property owner agrees to accept responsibility for the operation and maintenance of said monitoring well and for its removal and abandonment as above provided. Licensee agrees that City may retain its License Agreement for Site Assessment, hold harmless, and maintain on file certificates of liability insurance until its obligation to remove monitoring wells is deemed discharged as herein provided. Licensee agrees that unless deemed discharged it will promptly remove and properly abandon any monitoring well located upon City Property when it is notified by City that the City Property upon which the well is located is required for municipal purposes, including but not limited to street, sewer, traffic control, or water utility construction or repair. City agrees to review the proposed location of monitoring wells, if provided in advance of their installation, and to advise Licensee if a proposed monitoring well location will conflict with planned construction activities. City's failure to advise of such conflicts shall not excuse Licensee of its obligation to remove monitoring wells to accommodate such construction activities by City. The parties further agree that unless Licensee is deemed discharged, then in the event Licensee fails to properly maintain any monitoring well or the area immediately adjacent thereto, or fails to remove a monitoring well after being advised that the City Property upon which it is located is required for municipal purposes, City may either (a) deny Licensee access thereto, or (b) declare the said monitoring well a nuisance, cause same to be removed, and assess the costs of abatement against the Licensee, or against the Project Property or Properties for whose benefit the well was installed, all as provided in Iowa Code Section 364.12. 6. This Agreement is intended and shall be construed only as a temporary license to enter and conduct the Activities upon City Properties and not as a grant of easement or any other interest therein. 7. This Agreement shall be binding upon the parties hereto and upon their respective successors, representatives, heirs, and assigns. This agreement shall also be binding upon all current and future invitees on City Properties, if any. 8. Licensee agrees to the extent Licensee is negligent to defend, indemnify, and hold harmless City, its officers, agents, and employees from and against all manner of actions, liabilities, claims, causes of action, suits, debts, accounts, losses, damages, and attorneys' fees including but not limited to property damage or bodily injury, including death at anytime resulting therefrom, incurred by City, its officers, agents, or employees, caused by Licensee or its officers, agents, employees, contractors, or subcontractors, or by any third party, arising out of the performance of the Activities upon City Property by Licensee, or arising out of the existence, operation, maintenance, or removal of monitoring wells on City Property by Licensee, or arising out of or occasioned by Licensee's failure to perform any act as herein required. 9. Licensee shall purchase and maintain insurance as set forth in the attached Insurance Schedule through the duration of this Agreement. 10. Upon request by the City, Licensee agrees to provide to the City, within 10 days of request, copies of: (a) all reports, including raw sampling data, which it has therefore made or shall thereafter make to the Board, IDNR, or any other governmental agency; and (b) all correspondence, including further orders or directives, which it received from the Board, IDNR, or any other governmental agency; relating to assessment or remediation of any particular Project Property or to adjacent City Properties. 11. Notices, reports, or correspondence required to be given or sent by this Agreement shall be directed to the following: If to the City: Engineering Department City of Dubuque 50 W. 13th Street Dubuque, IA 52001 -4864 (563) 589 -4270 Fax: (563) 589 -4205 Such notices shall be delivered or sent by mail. Notices shall be deemed given when placed in the mail, postage paid. If to the Licensee: 12. The undersigned warrant that they have full power and authority to execute and deliver this Agreement. City further warrants that it has full power and authority to bind the current and future invitees on City Properties. IN WITNESS HEREOF, Thiele Geotech, Inc., and City have executed two (2) original copies of this Agreement on the dates specified immediately adjacent to their respective signatures. Thiele Geotech, Inc. LICENSEE By: „p`).2-- Date: 1 7`13/i/ Rev. BL 5/06 7/2011 Thiele Geotech, Inc 13478 Chandler Road Omaha, NE 68138 -3716 402 -556 -2171 (office) 402 -556 -7831 (fax) CITY OF D LICENSOR By: Roy Date: / //// ATTEST: UQUE, IOWA PL1 . Buol, Mayor Kevin Firnsta , Acting City Clerk m O ti U z 0 O O U BROWNIES AUTO SALVAGE 12th ST. W -7 0 W -1 W -14 W -16 P -116 (Al 0 r 0 O 41)-W -25R TW -121 SS -10 W- 22D+ W -22C+ }� W -22-4♦ W -120 - r 15C W -15B ♦ + -15 W -119 11th STREET ♦W -122 SR -A 46-SE-2 W -118 W -128 RAIN LIN W -21 171 -21R T W -118R MP AMMONIA \TAR TANK TANK — / GAS HOLDER 1 GAS HOLDER I • 4S5-7 W -2t DP -8 ♦S5 -6 C) DP-7 • RELIEF HOLDER ER 5 -9 W-2 W -10 W -18 P -110 D -2 • +SS -1 D MP Q SI P -6 -}SS -4 2' 0 G CCITY OF DUBUQUE PUBLIC WORKS GARAGE W -117 W -117 QDP -2 O0 DP -1 W -1264 W -26 W -13B w -13C W-113 W-13 DESIGNED BY KEVIN ARMSTRONG DRAWN BY NORA DAY CHECKED BY APPROVED BY MISSISSIPPI RIVER (Dove Harbor) 0 120 LEGEND • WATER TABLE MONITORING WELL T SILTY SAND MONITORING WELL ALLUVIAL AQUIFER MONITORING WELL ABANDONED MONITORING WELL TECHNICAL IMPRACTICABILITY ZONE PROPOSED TEMPORARY PIEZOMETER O IN SILTY SAND AQUIFER OO PROPOSED SOIL BORING MANAGING OFFICE DES MOINES, IOWA PROJECT MIDAMERICAN ENERGY COMPANY PEOPLES NATURAL GAS SITE DUBUQUE, IOWA MWH ROJECT MANAGER I KEVIN ARMSTRONG I SCALE IN FEET TITLE PROPOSED DELINEATION AND PRELIMINARY DESIGN LOCATIONS FIGURE 2 / 1 • AW ° CERTIFICATE OF LIABILITY INSURANCE DATE (M MIDD/YYYY) 7/13/2011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER The Harry A. Koch Co. P.O. Box 45279 Omaha NE 68145 -0279 CONTACT NAME: (A/c No.Ext)r402 -861 -7000 (A/ /C,No):402- 861 -7111 E -MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURERA:XL Specialty Insurance Co 37885 INSURED Thiele Geotech, Inc. 13478 Chandler Rd. Omaha NE 68138 INSURER B:Travel_ rs Indemnity Co. 25658 25674 INSURERC:Travelers Property Casualty of Amer INSURERD: INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 336421376 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF (MM)DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS C GENERAL LIABILITY 6306682X970 3/30/2011 3/30/2012 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES (Ea occurrence) $300,000 CLAIMS -MADE X OCCUR MED EXP (Any one person) $10,000 PERSONAL &ADVINJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $2,000,000 7 POLICY n JECT LOC $ C AUTOMOBILE LIABILITY 8104168L463 3/30/2011 3/30/2012 COMBINED SINGLE LIMII (Ea accident) $1,000,000 X X ANY AUTO BODILY INJURY (Per person) $ ALL OWNED AUTOS HIRED AUTOS _ X SCHEDULED AUTOS N-O NOON -OWNED AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE . (Per accident) $ C X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE CUP4168L775 3/30/2011 3/30/2012 EACH OCCURRENCE $4,000,000 AGGREGATE $4,000,000 DED RETENTION $ $ e WORKERS COMPENSATION UB6714X23A 3/30/2011 3/30/2012 X WCSTATU- OTH- TORY LIMITS ER AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? l (Mandatory In NH) N / A E.L. EACH ACCIDENT 81,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $1,000,000 A Professional Architects /Eng. Claims Made Basis DPR9689672 3/30/2011 3/30/2012 $2,000,000 Each Claim & Annual Agg. $100,000 Ded Ea Claim DESCRIPTION OF OPERATIONS 1 LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) CERTIFICATE HOLDER CANCELLATION City of Dubuque 50 West 13th Street Dubuque IA 52001 I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2010 ACORD CORP RAT . All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD Why We Are Using the Latest ACORD 25 Certificate of Insurance In September 2009, ACORD revised the ACORD 25 Certificate of Insurance form. One of the major changes was the removal of the cancellation notice provision. For the following reasons, we are unable to issue an older edition of this form, modify the current form, or complete a proprietary form you provide: • ACORD certificate forms must be filed and approved for use by the department of insurance in many states. When a new form is approved, a prior form can no longer be used. In those states, it is illegal for us to issue anything other than the currently approved ACORD form. • We are also obligated to use the most recent form by our agreement with the ACORD Corporation. Using a prior form would violate ACORD's licensing agreement and federal copyright law. • No insurer shown on this certificate is able to provide the cancellation notice you require in all circumstances. For example, the insured may cancel the policy effective immediately, making it impossible for the insurer to give you prior notice of cancellation. State laws also grant the insurer the right to cancel for reasons such as nonpayment, giving less notice than you may request. • For these reasons, if our agency were to issue a certificate that provides the cancellation notice you request, we would do so with the full knowledge that it would be impossible to actually give that notice under certain circumstances. This could be alleged to constitute misrepresentation or fraud, and could subject our agency to serious civil and criminal penalties. • We are often asked to complete proprietary certificates provided by the certificate requestor. Our insurance company contracts only allow us to complete unaltered ACORD forms. We appreciate your understanding of the legal restrictions on our ability to fully comply with your request. Prepared by: Return to: 111011P11111101111 D o ID: 0 0 7177410006 Type: GE Kind: MISCELLANEOUS Recorded: 0 /17/2011 at 04:19:16 PM M Fee N5$32.00 Pape of 6 Dubuque County Iowa Kathy Flynn _0Recorder Fil20 110015116 Gus Pslhoyos, City Engineer, City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 (563 589 -4270) Gus Pslhoyos, City Engineer, City of Dubuque, 50 W. 13°1 Street, Dubuque, IA 52001 (563 589 -4270) REVOCABLE LICENSE AUTHORIZING MWH (on behalf of MidAmerican Energy Company) TO CONSTRUCT POWER POLES WITH ELECTRICAL SERVICE, PLACE A TEMPORARY TANK, PLACE A SHED, AND INSTALL AN ENVIRONMENTAL WELL ON PUBLIC RIGHT -OF -WAY Section 1. MWH (on behalf of MidAmerican Energy Company) (Licensee) as the owner of the encroachments in association with 925 Kerper Boulevard in Dubuque, Iowa, and legally described as Lot 1- 2- 1 -1 -1, 2- 1 -1 -1 -1 and 2 all of C.L. 507; C.L. 503, Lot 2- 1-2 and 2 -3 -2 be and is hereby granted a Revocable License and authority to construct and maintain power poles, electrical service, extraction well, and t (Encroachment) (see attachment for location) under the terms and c‘n itions set in this License. Section 2. The permission herein granted is expressly conditioned on Licensee's agreement to: a, Assume any and all liability for damages to persons or property which may result from the existence, location, installation, construction or maintenance of said Encroachment; b. Procure and maintain in force during the term of this License a policy of liability insurance as set forth in the attached Insurance Schedule; c. Pay on behalf of the City of Dubuque, all sums which the City of Dubuque shall become obligated to pay by reason of the liability imposed upon the City of Dubuque for damages of any kind resulting from the location, Installation, existence, construction or maintenance of said Encroachment sustained by any person or persons, caused by accident or otherwise to defend at Its own expense and on behalf of said City any claim against the City of Dubuque arising out of the location, Installation, existence, construction or maintenance of Encroachment and to pay reasonable attorney fees therefore; and 5Z° ° col Page 1 of 1 Kevin Firnstahl - Re: Check of Legal Descriptions on Recorded Documents From: Ron Turner To: Firnstahl, Kevin; Psihoyos, Gus Date: 10/27/2011 1:39 PM Subject: Re: Check of Legal Descriptions on Recorded Documents CC: Brumwell, Crenna; Dougherty, Ginny; Lindahl, Barry I'll do affidavits for the corrections. Mau ✓-urwren pfd 563 -589 -4277 »> Kevin Firnstahl 10/27/2011 12:02 PM »> I received the attached documents from the Recorder's Office with a note on each questioning the legal descriptions. Please advise. Thank you. Kevin Grant of Easement_Ricky Rhomberg.pdf Revocable License_MidAmerican.pdf file: / /C: \Documents and Settings \kfirnsta \Local Settings \Temp \XPgrpwise \4EA95EF8DB... 10/27/2011