Loading...
Dubuque Industrial Center West Declaration of CovenantsTHE CITY OF DUB MEMORANDUM May 31, 2006 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Amended and Restated Declaration of Covenants for the Dubuque Industrial Center West Economic Development Director Dave Heiar recommends City Council approval of the Second Amended and Restated Declaration of Covenants for the Dubuque Industrial Center West. This amendment will make the 5 addition of the Dubuque Industrial Center West property, which was recently platted, subject to the same covenants that are currently in place for the first phases of this development. I concur with the recommendation and respectfully request Mayor and City Council approval. t /,,,pitur, Michael C. Van Milligen MCVM /jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager David J. Heiar, Economic Development Director --'-,< THE CITY OF (. ..' '\ r-, -------'"-. -+----- JUBUQUE ~~~ MEMORANDUM May 22, 2006 TO: Michael Van Milligen, City Manager FROM: David J. Heiar, Economic Development Directo~. SUBJECT: Amended and Restated Declaration of cove:aU~ for the Dubuque Industrial Center West INTRODUCTION This memorandum transmits for City Council review and adoption an amended and restated Declaration of Covenants for the Dubuque Industrial Center West. A copy of the proposed amended covenants is attached. DISCUSSION The proposed amendment will make the 5th addition of the Dubuque Industrial Center West property, which was recently platted, subject to the same covenants that are currently in place for the first phases of this development. The language in the current covenants will not change except to add the additional property. The covenants protect the public interest while providing clear parameters for ownership and development of property in the industrial park. The covenants can be amended over time, with City approval of any amendment. The covenants are in effect for 21 years, renewable for 21 additional years. RECOMMENDATION I recommend that the amended and restated covenants, as presented, be adopted by the City Council to include the industrial park property now platted as the 5th Addition of the Dubuque Industrial Center West. ACTION STEP The action step for the City Council is to adopt the amended and restated Declaration of Covenants for the Dubuque Industrial Center West 5th Addition and authorize the Mayor and City Clerk to sign on behalf of the City of Dubuque. F:IUSERSIDHeiarIMemos to MVMlAmended and reSlated COy DICW.doc 1iii1ii1iiihillhillhillhillhillhillhillhillhillhillh i1 Doc ID: 005448740006 Type Recorded: 07/07/2006 at 03:14:46 PM Fee Amt: $32.00 Pape 1 of 6 Dubuque County Iowa Kathy Flynn Thurlow Recorder F11e2006 0001 Return to: Jeanne F. Schneider, City Clerk, 50 West 13 Street, Dubuque IA 52001 Prepared bv: Barr/ A. Lindahl 300 Main Street. Suite 330 . Dubuque. Iowa 52001 Phone: 563. 5834113 DUBUQUE INDUSTRIAL CENTER WEST 5 ADDITION SECOND AMENDED AND RESTATED STATE OF IOWA 1 DECLARATION OF COVENANTS, } es: CONDITIONS, RESTRICTIONS, COUNTY OF DUBUQUE 1 RESERVATIONS, EASEMENTS, LIENS AND CHARGES The City of Dubuque, Iowa, ( "City ") hereby makes THIS SECOND AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS, LIENS AND CHARGES on this 5 day of June, 2006. 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, and D and Dubuque Industrial Center West 2 Addition in the City of Dubuque, Iowa. 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 and Dubuque Industrial Center West 2 11d Addition in the City of Dubuque, Iowa. City is also the owner of Dubuque Industrial Center West 5 Addition in the City of Dubuque, Iowa, according to the recorded plat thereof recorded as Instrument No. 2006 - 00008229 on June 2, 2006. 401'7' City now desires to add Dubuque Industrial Center West 5th 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 Second 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 2 " Addition; and Dubuque Industrial Center West 5 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 Areas and public rights -of -way, shown upon any recorded Subdivision Plat of the Properties. Page 2 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 CityDs 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. The Owner shall also be obligated to City for CityDs costs and reasonable attorney's fees of any collection efforts. No Owner may waive or otherwise avoid liability for an Page 3 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 Owneros 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 Owneros 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. Atts �a eanne F. Schneider, City Clerk STATE OF IOWA COUNTY OF DUBUQUE S 4 Page 6 CITY OF DUBUQUE, IOWA By: i Ann E. Michalski, Mayor Pro -Tem On this ( day of / , 2006, before me a Notary Public in and for said County, p =l •'nally appeared Ann E. Michalski and Jeanne F. Schneider to me personally known, who being duly sworn, did say that they are the Mayor Pro -Tem 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 e - ed. 2 tary Public in and for Dubuque County, Iowa St/SAN M,WINT COMMISSION hO.1 3274 M MY COMMISSION EXPIRES 214/08