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Dubuque Industrial Center South_Covenants, Conditions, Etc.Masterpiece 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 South DATE: January 30, 2014 Dubuque band AI- America City 1 2007 • 2012 • 2013 Economic Development Director Maurice Jones is recommending City Council consideration and adoption of the Declaration of Covenants, Conditions, Restrictions, Reservations, Easements, Liens, and Charges for the Dubuque Industrial Center South. I concur with the recommendation and respectfully request Mayor and City Council approval. Mic ael C. Van Milligen MCVM:sv Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager Maurice Jones, Economic Development Director Masterpiece on the Mississippi TO: Michael Van Milligen, City Manager FROM: Maurice Jones, Economic Development Director SUBJECT: Covenants in the Dubuque Industrial Center South DATE: January 30, 2014 Dubuque All- America City 1111 r 2007 • 2012 • 2013 PURPOSE The purpose of this memorandum is to request Council consideration and adoption of the Declaration of Covenants, Conditions, Restrictions, Reservations, Easements, Liens, and Charges for the Dubuque Industrial Center South. BACKGROUND In 1997 the City acquired approximately 175 acres of farmland known as the South Siegert Farm Until March 1, 2012, the property between Highway 20 and Seippel Road was leased for agricultural purposes until there was an identified need for commercial/ industrial growth. With more than 10 recent business expansions in the Dubuque Industrial Center West (DICVV), the City of Dubuque has seen unprecedented growth. In less than three years, the City has sold over 125 acres. The City Council identified the Dubuque Industrial Center Economic Development District (District) as a high priority for the City's future commercial /industrial growth. In March 7, 2011, the City Council approved (Resolution 87 -11) the inclusion of the South Siegert Farm (Subarea E) within that District. That area is now referred to as the Dubuque Industrial Center South. In July 2012 the City Council awarded a contract for the grading and implementation of utilities on 110 acres of the property. In December 2013, the contract was accepted by the City Council. Earlier, in August 2013, a paving and utilities contract was awarded for the creation of the new Partners Road, along with associated utilities and landscaping. While the project has not been accepted, the addition of street lights and permanent seeding around the road remain as the only tasks left to be completed in Spring 2014. As the grading and paving neared a conclusion, TriState Quality Metals of Peosta expressed an interest in constructing a 44,000 square foot facility in the new industrial park beginning in Spring 2014. On December 16, 2013, the City Council approved a contract for state benefits to the company that will create at least 10 new jobs and invest nearly $4 million on a 6.903 acre footprint. City staff is finalizing negotiations on a development agreement with TriState Quality Metals that the company wishes to execute in order to finalize their purchase of property and begin construction. The Development Agreement will be considered at an upcoming City Council meeting. DISCUSSION Due to the time - sensitive request of TriState Quality Metals to acquire property in the Dubuque Industrial Center South, as well as the fact that work on the site is nearing completion, staff has proposed a Declaration of Covenants, Conditions, Restrictions, Reservations, Easements, Liens and Charges for future property owners in the area. The Covenants are similar to those found in the Dubuque Industrial Center West and the Dubuque Technology Park. The document provides regulation for the following: 1). Maintenance of Public Areas 2). Assessments for Maintenance 3). Architectural Control • Construction Materials • Landscaping Features • Exterior Signage • Postal Service 4.) General Provisions • Sidewalk and Lot Maintenance • Erosion Control A copy of the document is attached. Staff has also requested City Council consideration and action of the final plat in another item on the agenda. RECOMMENDATION I recommend that the City Council approve the Dubuque Industrial Center South Declaration of Covenants, Conditions, Restrictions, Reservations, Easements, Liens, and Charges. This will guide the development, establish minimum standards, and provide a format for the ongoing management of the Dubuque Industrial Center South. ACTION STEP The action step for the City Council is to adopt the attached resolution. F: \USERS \Econ Dev \DICS \20140127 Covenants DICS Council Memo.doc Prepared by: Phil Wagner, Assistant Economic Development Director Address: City Hall, 50 W. 13th St. Telephone: 589 -4210 Return to: Kevin S. Firnstahl, City Clerk Address: City Hall- 50 W. 13th St Telephone: 589 -4121 RESOLUTION NO. 22 -14 ADOPTING THE DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS, LIENS AND CHARGES FOR DUBUQUE INDUSTRIAL CENTER SOUTH, FIRST ADDITION. Whereas, the City acquired approximately 175 acres of farmland known as the South Siegert Farm in 1997; and Whereas, the City began grading, utilities, and paving work of the South Siegert Farm in 2012 to create Dubuque Industrial Center South; and Whereas, site work at Dubuque Industrial Center South is nearing completion; and Whereas, a company has expressed interest in acquiring property from the City for expansion of its business; and Whereas, a Declaration of Covenants, Conditions, Restrictions, Reservations, Easements, Liens, and Charges will guide the development of the property, establish minimum standards, and provide a format for the ongoing management of Dubuque Industrial Center South, First Addition. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Declaration of Covenants, Conditions, Restrictions, Reservations, Easements, Liens and Charges is hereby approved and shall govern Dubuque Industrial Center South, 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 Declaration of Covenants, Conditions, Restrictions, Reservations, Easements, Liens and Charges. Passed, approved and adopted this 3rd day of February 2014. Attest: F: \USERS \Econ Dev \DICS\20140203 Resolution on Covenants.doc ?,OL.I Roy D. Buol, Mayor Prepared by: Phil Wagner, Assistant Economic Development Director, Dubuque, Iowa 52001 Phone: 563 - 589 -4393 DUBUQUE INDUSTRIAL CENTER SOUTH FIRST ADDITION STATE OF IOWA 1 DECLARATION OF COVENANTS, } ss: CONDITIONS, RESTRICTIONS, COUNTY OF DUBUQUE } RESERVATIONS, EASEMENTS, LIENS AND CHARGES The City of Dubuque, Iowa, ( "City ") hereby makes THIS DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS, LIENS AND CHARGES on this 3rd day of February, 2014. BACKGROUND City is the owner of certain property in Dubuque, County of Dubuque, State of Iowa, which is described as Dubuque Industrial Center South Lots 1, 2, 3, 4, 5, A, B, C, Dubuque Industrial Center South First Addition (the Properties). City now desires to establish Declaration of Covenants, Conditions, Restrictions, Reservations, Easements, Liens and Charges as provided in Article II thereof. City hereby adopts this Declaration of Covenants, Conditions, Restrictions, Reservations, Easements, Liens and Charges as hereinafter set forth, which shall be binding upon City's successors and assigns. DECLARATION The following provisions are set forth to guide the development and provide a format for the ongoing management of Dubuque Industrial Center South. 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 121013ba1 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. 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 such additions thereto as may be hereafter added — 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 2 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. 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 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 as of the date of the annual assessment 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 South. 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 3 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 South 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 South 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. 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 Tess 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 4 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 and be bound by 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. 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. 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: CITY OF DUB QUE, IOWA By: 5 Roy D. uol, Mayor STATE OF IOWA SS COUNTY OF DUBUQUE On this 3rd day of February, 2014, before me a Notary Public in and for said County, personally appeared Roy D. Buol and Kevin S. Firnstahl 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. '-11611 l.. L d m ssion Number 719986 .My Commission Expires Nota 6 Public in and for Dubuque County, Iowa Prepared by: Phil Wagner, Assistant Economic Development Director, Dubuque, Iowa 52001 Phone: 563 -589 -4393 DUBUQUE INDUSTRIAL CENTER SOUTH FIRST ADDITION STATE OF IOWA } } ss: COUNTY OF DUBUQUE 1 DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS, LIENS AND CHARGES The City of Dubuque, Iowa, ( "City ") hereby makes THIS DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS, LIENS AND CHARGES on this 3rd day of February, 2014. BACKGROUND City is the owner of certain property in Dubuque, County of Dubuque, State of Iowa, which is described as Dubuque Industrial Center South Lots 1, 2, 3, 4, 5, A, B, C, Dubuque Industrial Center South First Addition (the Properties). City now desires to establish Declaration of Covenants, Conditions, Restrictions, Reservations, Easements, Liens and Charges as provided in Article II thereof. City hereby adopts this Declaration of Covenants, Conditions, Restrictions, Reservations, Easements, Liens and Charges as hereinafter set forth, which shall be binding upon City's successors and assigns. DECLARATION The following provisions are set forth to guide the development and provide a format for the ongoing management of Dubuque Industrial Center South. 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 121013ba1 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. 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 such additions thereto as may be hereafter added — 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 2 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. 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 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 as of the date of the annual assessment 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 South. 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 3 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 South 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 South 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. 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 4 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 and be bound by 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. 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. 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: CITY OF DUBUQUE, IOWA By: Roy D. Buol, Mayor Kevin S. Firnstahl, City Clerk STATE OF IOWA SS COUNTY OF DUBUQUE On this day of 2014, before me a Notary Public in and for said County, personally appeared Roy D. Buol and Kevin S. Firnstahl 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 5 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. Notary Public in and for Dubuque County, Iowa 6