Interstate Power_McGraw Hill Parking LotTHE CITY OF
DUB E
Masterpiece on the Mississippi
MEMORANDUM
May 17, 2007
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: McGraw-Hill Parking Lot/Interstate Power & Light Company
(Alliant Energy) -Offer and Acceptance
At the City Council on May 7, 2007, the City Council considered an agenda item relating
to the City's acquisition of a small piece of property along 5th Street where the new
public parking lot is being built by McGraw-Hill.
At that time, the City Council voted to set the matter of the transfer of an easement to
Interstate Power & Light Company for a public hearing but did not take any formal
action on the related matters.
City Attorney Barry Lindahl has negotiated an Offer and Acceptance to acquire the
small parcel for which the City will pay $1.00 plus grant to Interstate an easement for
future underground electrical services in the Port of Dubuque area along the railroad
tracks. This Agreement also includes a license agreement with Interstate for a city
storm sewer through the property and an access easement, both to facilitate work prior
to closing.
American Grain may have a right of first refusal to purchase the Interstate Power
property, and if they exercise that option, Interstate Power will transfer the money it
receives for the property to the City to provide funds for the City to negotiate with
American Grain for the purchase of the site.
In a separate agreement with McGraw-Hill, City Attorney Barry Lindahl is
recommending approval of an indemnification agreement for McGraw-Hill as they do
work in this area.
I concur with the recommendations and respectfully request the Mayor and City Council
approve the Offer and Acceptance to Interstate Power & Light Company with the
attached License Agreement (storm sewer) and Access Easement and approve the
Indemnification Agreement for McGraw-Hill.
c ~,
,~.
Michael C. Van Milligen
MCVM/tls
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
OFFER AND ACCEPTANCE
TO Interstate Power and Light Company
REAL ESTATE DESCRIPTION. The Buyers offer to buy real estate in Dubuoue County, Iowa, described as
follows:
A part of Lot 2 of 21, a part of Lot 2 of 22, a part of Lot 2 of 23, each in Block 26, Dubuque Harbor
Improvement Company Addition, in the City of Dubuque, Iowa, being comprised and made up of all that
part of said lots lying southerly of the southerly line of Fourth Street Extension; and Lot One (1) of Lot 22,
Lot 1 of Lot 23, Lot 1 of Lot 24, Lot 2 of Lot 24, Lot 1 of Lot 25, Lot 2 of Lot 25, and Lot 26, each in Block 26
of Dubuque Harbor Improvement Company's Addition in the City of Dubuque, Iowa, as shown on plat in
Book of Plats 27, page 66, Dubuque County Records, filed July 27, 1960.
with any easements and appurtenant servient estates, but subject to the following: a) any zoning and other
ordinances; b) any covenants of record; c) any easements of record for public utilities, roads and highways; and d)
(consider: liens, mineral rights; other easements; interest of others) see paragraph 24 .designated the Real
Estate, provided Buyers, on possession, are permitted to make the following use of the Real Estate: any and all
permitted uses.
2. PRICE. The purchase price shall be $1.00 and other valuable consideration including a certain Underground Electric
Line Easement in the form attached hereto as Exhibit C, payable at Dubuque, Iowa.
3. REAL ESTATE TAXES. Sellers shall pay all taxes which are a lien prior to possession and any unpaid real estate
taxes payable in prior years. Buyers shall pay all subsequent real estate taxes. Any proration of real estate taxes on
the Real Estate shall be based upon such taxes for the year currently payable unless the parties state otherwise.
4. SPECIAL ASSESSMENTS.
a. Sellers shall pay all special assessments which are a lien on the Real Estate as of the date of acceptance of this
offer.
b. IF a. IS STRICKEN, then Sellers shall pay all installments of special assessments which are a lien on the Real
Estate and, if not paid, would become delinquent during the calendar year this offer is accepted, and all prior
installments thereof.
c. All other special assessments shall be paid by Buyers.
RISK OF LOSS AND INSURANCE. Risk of loss prior to Seller's delivery of possession of the Real Estate to Buyers
shall be as follows:
a. All risk of loss shall remain with Sellers until possession of the Real Estate shall be delivered to Buyers.
b. IF a. IS STRICKEN, Sellers shall maintain $ 0.00 of fire, windstorm and extended coverage insurance
on the Real Estate until possession is given to Buyers and shall promptly secure endorsements to the
appropriate insurance policies naming Buyers as additional insureds as their interests may appear. Risk of loss
from such insured hazards shall be on Buyers after Sellers have performed additional insureds as their interests
may appear. Risk of loss from such insured hazards shall be on Buyers after Sellers have performed under this
paragraph and notified Buyers of such performance. Buyers, if they desire, may obtain additional insurance to
cover such risk.
6. The Real Estate shall be preserved in its present condition and delivered intact at the time possession is delivered to
Buyers, provided, however, if 5.a. is stricken and there is loss or destruction of all or any part of the Real Estate
together with such insurance proceeds in lieu of the Real Estate in its present condition and Sellers shall not be
required to repair or replace same.
POSSESSION. If Buyers timely perform all obligations, possession of the Real Estate shall be delivered to Buyers
on September 20 , 2007, with any adjustment of rent, insurance, and interest to be made as of the
date of transfer of possession.
8. FIXTURES. All property that integrally belongs to or is part of the Real Estate, whether attached or detached, such
as light fixtures, shades, rods, blinds, awnings, windows, storm doors, screens, plumbing fixtures, water heaters,
water softeners, automatic heating equipment, air conditioning equipment, wall to wall carpeting, built-in items and
electrical service cable, outside television towers and antenna, fencing, gates, and landscaping shall be considered a
part of Real Estate and included in the sale except: (consider: rental items.) None
9. USE OF PURCHASE PRICE. At time of settlement, funds of the purchase price may be used to pay taxes and other
liens and to acquire outstanding interests, if any, of others.
10. ABSTRACT AND TITLE. Sellers, at their expense, shall promptly obtain an abstract of title to the Real Estate
continued through the date of acceptance of this offer, and deliver it to Buyers for examination. It shall show
merchantable title in Sellers in conformity with this agreement, Iowa law and Title Standards of the Iowa State Bar
Association. The abstract shall become the property of the Buyers when the purchase price is paid in full. Sellers
shall pay the costs of any additional abstracting and title work due to act or omission of Sellers, including transfers by
or the death of Sellers or their assignees.
11. DEED. Upon payment of purchase price, Sellers shall convey the Real Estate to Buyers or their assignees, by
Warranty Deed, free and clear of all liens, restrictions and encumbrances except as provided in 1.a.
through 1.d. Any general warranties of title shall extend only to the time of acceptance of this offer, with special
warranties as to acts of Sellers continuing up to time of delivery of the deed.
12. JOINT TENANCY IN PROCEEDS AND IN REAL ESTATE. If the Sellers, immediately preceding acceptance of this
offer, hold the title to the Real Estate in joint tenancy with full right of survivorship, and the joint tenancy is not later
destroyed by operation of law or by acts of the Sellers, then the proceeds of this sale, and any continuing or
recaptured rights of Sellers in the Real Estate, shall belong to Sellers as joint tenants with full rights of survivorship
and not as tenants in common; and Buyers, in the event of the death of either Seller, agree to pay any balance of the
price due Sellers under this contract to the surviving Seller and to accept a deed from the surviving Seller consistent
with paragraph 11.
13. JOINDER BY SELLER'S SPOUSE. Seller's spouse, if not a titleholder immediately preceding acceptance of this
offer, executes this contract only for the purpose of relinquishing all rights of dower, homestead and distributive
shares or in compliance with Section 561.13 of the Iowa Code and agrees to execute the deed or real estate contract
for this purpose.
14. TIME IS OF THE ESSENCE. Time is of the essence in this contract.
15. REMEDIES OF THE PARTIES:
a. If Buyers fail to timely perform this contract, Sellers may forfeit it as provided in the Iowa Code, and all payments
made shall be forfeited or, at Seller's option, upon thirty days written notice of intention to accelerate the
payment of the entire balance because of such failure (during which thirty days such failure is not corrected)
Sellers may declare the entire balance immediately due and payable. Thereafter this contract may be
foreclosed in equity and the Court may appoint a receiver.
b. If Sellers fail to timely perform this contract, Buyers have the right to have all payments made returned to them.
c. Buyers and Sellers also are entitled to utilize any and all other remedies or actions at law or equity available to
them and shall be entitled to obtain judgment for costs and attorney fees as permitted by law.
16. STATEMENT AS TO LIENS. If Buyers intend to assume or take subject to a lien on the Real Estate, Sellers shall
furnish Buyers with a written statement from the holder of such lien, showing the correct balance due.
17. SUBSEQUENT CONTRACT. Any real estate contract executed in performance of this contract shall be on a form of
the Iowa State Bar Association.
18. APPROVAL OF COURT. If the sale of the Real Estate is subject to Court approval, the fiduciary shall promptly
submit this contract for such approval. If this contract is not so approved it shall be void.
19. CONTRACT BINDING ON SUCCESSORS IN INTEREST. This contract shall apply to and bind the successors in
interest of the parties.
20. CONSTRUCTION. Words and phrases shall be construed as in the singular or plural number, and as masculine,
feminine or neuter gender, according to the context.
21. TIME FOR ACCEPTANCE. If this offer is not accepted by Sellers on or before MaY 21 2007,
it shall become void and all payments shall be repaid to the Buyers.
22. A. ENVIRONMENTAL CONDITIONS. This Offer to Buy is expressly contingent upon the receipt by Seller on or
before possession, of results satisfactory to it of any investigation, tests, audits, examinations or analysis of the
environmental condition of the property. All costs of performing the environmental assessments and testing with
respect to the above described property shall be borne by Seller. If, for any reason, Seller determines that the
property to be sold is not in satisfactory environmental condition, in its sole and absolute discretion, Seller may
terminate this Offer and Buyer's earnest money shall be returned.
B. Propertv Condition. Buyer agrees to take possession of the premises and all improvements "AS IS" without
representations or warranties expressed or implied by Seller.
23. Seller will grant a License Agreement for Storm Sewer in the form attached as Exhibit "A". Seller will also grant an
Access Easement to cover the construction of a driveway, grading and seeding of a portion of the property, in the
form attached as Exhibit "B".
24. Buyer acknowledges this Real Estate may be subject to claims of a third party and will secure a release of such right.
In the event Seller is unwilling or unable to secure a release of such right and the Property is sold to such third party,
Seller agrees to pay to Buyer the entire proceeds of such sale as substitute consideration for the Underground
Electric Line Easement referred to above.
DATED
Buyer
This offer is accepted ,2007.
Seller
Buyer
Seller
O&ASeller.DOC
REVISED 11/99
EXHIBIT "A"
Prepared By and
Return to• Ted Francois -Interstate Power and Li h~pany - P O Box 351 -Cedar Ranids lA 52406-9949 - 319-786-4823
LICENSE AGREEMENT (STORM SEWER)
THIS LICENSE AGREEMENT (this "License") is made this day of
2007, between Interstate Power and Light Company (hereinafter called
"IPL"), and THE CITY OF DUBUQUE (hereinafter called "Licensee"),
WITNESSETH:
In consideration of the following rights and obligations and the payment of One Dollar ($1.00)
and other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, IPL hereby grants Licensee the uninterrupted right to specific and limited use of
certain premises, situated in the County of Dubuque State of Iowa, more specifically described as
follows (the "Premises"):
Part of Lot 2 of Lot 21, Part of Lot 2 of Lot 22, a part of Lot 2 of Lot 23, each in Block 26,
Dubuque Harbor Improvement Company's Addition in the City of Dubuque, Iowa being
comprised and made up of all that part of said lots lying Southerly of the Southerly line of
Fourth Street Extension; and of Lot 1 of 22, Lot 1 of 23, Lot 1 of Lot 24, Lot 2 of Lot 24,
Lot 1 of Lot 25, Lot 2 of Lot 25, and Lot 26, each in Block 26, Dubuque Harbor
Development Company's Addition, in the City of Dubuque, Iowa.
as depicted more particularly by the attached plat, marked Exhibit A, hereby incorporated in this
License by this reference.
1. PURPOSE: Licensee's use of the Premises shall be for the sole purpose of installing,
operating, inspecting, repairing, using, managing, maintaining and one 60 inch diameter
storm sewer culvert in, under and across the Premises (hereinafter referred to as the
"Facility"), in accordance with the specifications as referenced in Exhibit B. Following
installation, Licensee shall provide IPL with as-built drawings associated with the
Facility.
IPL reserves the right to use, occupy and enjoy its property for such purpose, in such
manner, and at such time as it shall desire, provided such use does not directly interfere
with Licensee's rights under this License. If any such use shall necessitate any change in
the location or burial of the Facility, or any part thereof, such changes as may be
reasonable shall be made by Licensee at IPL's direction, at the expense of Licensee,
promptly following written demand of IPL. IPL shall have the right at any time by giving
ninety (90) days notice in writing to Licensee to require Licensee at its expense, to relocate
or modify the facility so as to conform to any other uses IPL may desire to make of its
property.
2. TERM: Except as provided to the contrary herein, Licensee is permitted to use the
Premises in accordance with the terms of this License, together with the right of ingress
to and egress from the Premises in perpetuity. IPL hereby permits the use of the
Premises without divesting IPL of the rights to use and enjoy the Premises, subject only
to the right of Licensee to use the same for the purposes herein expressed. IPL may
terminate this License at any time, by providing Licensee at least thirty (30) days' prior
notice to that effect, if Licensee is in default of this License and such default of this
License continues for at least thirty (30) days after reasonably detailed notice thereof has
been given to Licensee, which thirty (30) day period of time shall be extended for such
time thereafter as is commercially reasonable to cure such default if the Licensee can
demonstrate to the reasonable satisfaction of IPL that Licensee has commenced to cure
such default within the thirty (30) day period of time and thereafter has made
commercially reasonable efforts to prosecute such cure.
Upon any termination of this License, Licensee shall promptly remove the Facility in a
manner reasonably satisfactory to IPL, and leave the Premises in the same condition in
which they were before the installation of the Facility as nearly as is reasonably
practicable. Upon failure of Licensee to do so, IPL may perform such work and restore
the Premises, and Licensee shall promptly reimburse IPL for the costs incurred by IPL to
complete such work following demand therefor.
3. INSTALLATION:
A. Absent emergency, Licensee shall provide IPL at least forty-eight (48) hours'
advance notice in advance of entry upon the Premises for purposes of
construction and maintenance. In the event of an emergency, Licensee shall notify
IPL contact person prior to accessing the Premises.
-2-
4. NOTICES: All notices, requests, demands, consents, waivers, and other
communications required or permitted to be given hereunder must be in writing and
delivered personally, or by certified mail, postage prepaid, return receipt requested, or by
nationally-recognized overnight delivery service, and shall be deemed to have been given
as of the date such notice is (a) delivered to the party intended, (b) delivered to the then
current address of the party intended, or (c) rejected at the then current address of the
party intended (provided such notice was sent prepaid). The initial address of the parties
shall be:
With respect to IPL:
Walt Hargraves
Alliant Energy
Real Estate and ROW
P.O. Box 351
Cedar Rapids, IA 52406
With respect to Licensee:
Upon prior written notice of at least ten (10) business days, either party shall have the
right to change its address to any other address within the United States of America.
5. LICENSE RUNS WITH LAND: Subject to the limitations contained herein, this
License shall apply to License, IPL and to their respective successors and assigns.
Licensee shall be entitled to record a Memorandum of License, in a form substantially
similar to that set forth in Exhibit C to document its interest in the above described
Premises.
6. ABANDONMENT: The failure of Licensee to use the Premises for any Permitted Use
for three hundred sixty-five (365) consecutive days at any one time shall be deemed an
abandonment thereof, except as set forth in this paragraph. An abandonment of the
Premises by Licensee shall, at the option of IPL, operate as an absolute termination of
this License after ten (10) days' notice by IPL to Licensee to that effect.
7. LAWS AND REGULATIONS; GOVERNING LAW: Licensee shall, without cost to
IPL comply with all local, state and federal laws, rules, regulations and ordinances of all
governmental authorities with jurisdiction concerning Licensee's use of the Premises for
-3-
any Permitted Use ("Applicable Legal Requirements"). The parties agree that this
License shall be governed by the laws of the State of Iowa notwithstanding any conflict
of laws or choice of law principles to the contrary.
8. INDEMNITY: Licensee shall indemnify, defend and hold one IPL harmless from and
against any and all claims, demands, losses, damages, cost and expenses (including, but
not limited to, court costs, fines, penalties and reasonable attorneys' fees, but excluding
consequential or indirect damages), judgments, liabilities and causes of action of any
nature whatsoever resulting from or relating to its use or occupancy of the Premises, a
default of this License, or arising in any manner out of the acts or omissions of Licensee
its agents, employees, or contractors in connection with the License or with the use or
occupancy of the Premises, or with respect to the violation of any laws, including without
limitation, any environmental laws. Licensee shall indemnify and defend IPL for, from
and against any and all mechanics' liens and other liens and encumbrances filed by any
person claiming by, through or under Licensee and against all costs, expenses, losses and
liabilities (including reasonable attorneys' fees) incurred by IPL in connection with any
such lien or encumbrance or any action or proceeding brought thereon.
9. RESTRICTIONS ON LICENSEE: HAZARDOUS SUBSTANCES: Licensee shall
not cause nor permit any Hazardous Substance to be used, stored, generated, or disposed
of on or in the Premises by Licensee, its agents, employees, contractors or invitees in
violation of Applicable Legal Requirements, without first obtaining IPL's written
consent, which may be withheld at IPL's sole and absolute discretion. If Hazardous
Substances are used, stored, generated, or disposed of on or in the Premises by Licensee,
its agents, employees, contractors or invitees in violation of Applicable Legal
Requirements, or if the Premises become contaminated in any manner for which Licensee
is legally liable, Licensee shall indemnify, defend, and hold harmless IPL pursuant to
Paragraph 8 herein. This indemnification also includes, without limitation, any and all
costs incurred because of any investigation of the Premises or any cleanup, removal, or
restoration mandated by a federal, state, or local agency or political subdivision,
specifically including costs incurred pursuant to the Comprehensive Environmental
Response, Compensation, & Liability Act ("CERCLA" or "Superfund"), 42 U.S.C.
§ 9601 et seq. related to a release from the Facility. In addition, if in the course of using
the Premises for any Permitted Use, Licensee causes or permits the presence of any
Hazardous Substance on the Premises in violation of Applicable Legal Requirements and
this results in contamination, Licensee shall promptly, at its sole expense, take any and all
necessary actions to remediate the Premises to satisfy all Applicable Legal Requirements;
provided, however, that Licensee shall first obtain IPL's approval for any such remedial
action.
-4-
As used herein, "Hazardous Substance" means any substance which is listed as
"hazardous" or "toxic" or listed in the regulations implementing CERCLA. "Hazardous
Substance" includes any and all material or substances which are defined as "hazardous
waste," "extremely hazardous waste," or a "hazardous substance," pursuant to state,
federal, or local governmental law. "Hazardous Substance" includes, but is not restricted
to, asbestos, polychlorinated biphenyls ("PCBs"), petroleum and petroleum products.
10. INSURANCE: Grantee shall maintain public liability insurance coverage or
equivalent coverage in The Iowa Communities Assurance Pool throughout the term of this
Easement Agreement, so as to protect and indemnify GRANTOR from any and all suits or
claims arising out of Grantee's use of the Premises. Such insurance shall be
comprehensive in nature, including, but not limited to, contractual liability. In addition,
such insurance shall contain limits not less than $1,000,000 combined single-limit person
injury and property damage. Grantee's failure to meet this insurance requirements shall not
relieve Grantee of its responsibilities under this License. Upon proof of financial
responsibility to the satisfaction of GRANTOR, Grantee may be allowed self-insure the
coverages indicated herein resulting from the acts or omissions of Grantee, Grantee's
agents or employees. Grantee shall provide GRANTOR with certificates of insurance or
letter of self-insurance which shall be on file with GRANTOR and remain in effect for the
duration of the License.
11. PASSAGEWAY AND ASSUMPTION OF RISK: In the event Licensee, its agents,
contractors, employees or customers must enter other property of IPL to gain access to
and/or from the Premises all such persons shall comply with any reasonable limitations or
restrictions imposed by IPL, and Licensee hereby expressly assumes all risks of accident,
injury or loss to such persons and their property having access to the Premises in
connection with Licensee's business, unless caused by the negligence or willful acts of
IPL or its employees, agents or contractors
-5-
IN WITNESS WHEREOF, the parties hereto have executed in duplicate this License on the day
and year first above written.
IPL -Interstate Power and Light Company
By:
Name:
Title:
-6-
ALL PURPOSE ACKNOWLEDGMENT
STATE OF
COUNTY OF
ss:
On this day of , AD. 2007, before me, the
undersigned, a Notary Public in and for said State, personally
appeared
to me personally known
or provided to me on the basis of satisfactory
evidence
to be the persons(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and
that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
NOTARY SEAL
(Sign in Ink)
(Print/type name)
Notary Public in and for the State of
CAPACITY CLAIMED BY SIGNER
INDIVIDUAL
CORPORATE
Title(s) of Corporate Officers(s):
N/A
Corporate Seal is affixed
No Corporate Seal procured
PARTNER(S)
Limited Partnership
General Partnership
ATTORNEY-IN-FACT
EXECUTOR(s),
ADMINISTRATOR(s),
or TRUSTEE(S):
GUARDIAN(s)
or CONSERVATOR(S)
OTHER
SIGNER IS REPRESENTING:
List name(s) of persons(s) or entity(ies):
-7-
Licensee -City of Dubuque
By:
Name:
Title:
By:
Name:
Title:
Address: 50 West 13th Street
Dubuque, Iowa 52001
-8-
ALL PURPOSE ACKNOWLEDGMENT
STATE OF
COUNTY OF
ss:
On this day of , AD. 2007, before me, the
undersigned, a Notary Public in and for said State, personally
appeared
to me personally known
or provided to me on the basis of satisfactory
evidence
to be the persons(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and
that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
NOTARY S
(Sign in Ink)
(Print/type name)
Notary Public in and for the State of
CAPACITY CLAIMED BY SIGNER
INDIVIDUAL
CORPORATE
Title(s) of Corporate Officers(s):
N/A
Corporate Seal is affixed
No Corporate Seal procured
PARTNER(S)
Limited Partnership
General Partnership
ATTORNEY-IN-FACT
EXECUTOR(S),
ADMINISTRATOR(S),
or TRUSTEE(S):
GUARDIAN(S)
or CONSERVATOR(s)
OTHER
SIGNER IS REPRESENTING:
List name(s) of persons(s) or entity(ies):
-9-
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~ I ` I ~ I I I 1 GRATE EL 605.00 ~--r'sti't-_ = -•. \ CONC. WALL(, DCfS NOT USE WALK o' WIDE: STANDARD
i ' INV. EL 599.37 ~ '~y 'CITY COLCR PATTERN •
~_-~~ INL EL 601.04-4' 9r~E3; ~ CONC. WALK DOES NOi USE
5TA. 19+84.13 ffi~4 The McGrav-Hill Companies, Ina DflIlIM: GT1' COlgt PATTERN
CONSTRUCT 84" STORM MANHOLE STA 11+45.15 2460 Kerper Blvd HORIZONTAL AND VERTICAL SURVEY CONTROL IS BASED ON THE DUBUQUE }
NEENAH CASTING R-16x2-A CONSTRUCT 48' STORM MANHCIE puhuque,Iowa 52002 AREA GIS THE HORIZONTAL DATUM IS THE IOWA STATE PLANE COORDINATE
RIM EL 605.50 NEENAH CASTING R-2501 583-588-1451 SYSTEM, NORTH ZGVE 1401 (NAD 83} 1991 ADJUSTMENT. 1HE VERTICAL
INV. EL 595.05 GRATE EL 605.W DATUM IS THE NORTH AMERICAN VERTCAL OA1liM CF 1988 (NAND 88), = ;`-s~
WV, EL 600.23 PRGPERTY ADCA?ES4•
CBS INL EL. 601.40-4" 501 BELL STREET, DUBUQUE, IOWA 52001 TO CONVERT F`;OM NORTH AMERICAN VERTICAL DATUM Cf 1988 (NAND 88)
STA 18+79.87 (~ 10 TO NA710NAL GEODETIC VERTICAL DATUM OF 1929 (NGVD 29) ADO 0.14 FEET
CONSTRUCT 84" STORM MANHOLE FLOOD ZONE: ~ ~
NEENAH CASTING R-3015 STA 10+22.15 TO THE ELEVAION SHOWN BY THIS SURVEY. .~
DRATE EL 604.30 CONSTRUCT CATCH BASIN THE PR~ERTY SURVEYED IS !N FLOOD ZONE X ("AREA PROTECTED
NV. EL. 595.80 TYPE 101-C PER Gtt DETAILS FROM THE ONE PERCENT ANNUAL CHANCE (100-YEAR) FLOOD OF TO CONVERT F,HOM NORTH AMERICAN VERTICAL QAIUM Of 1988 (NAND 88) ~
NL EL 598.60-4' GRATE EL' 605'00 THE MISSESSIE'% RI4ER BY LEVEE, DIKE OR OTHER STRUCTURE TO IOWA DEPARTMENT OF TRANSPORTATION US HIGHWAY 81/151 VERTICAL
WY. EL fi00:95 SUBJECT TO POSSIBLE FAILURE OR OVERTOPPING DURING LARGER DATUM ADD 0.32 FEET TO 1HE ELEVATION SHOWN BY 'PHIS SURVEY -- u! -
:@_# INL EL 60212-4"{2} Ft00DS~ ACCORWNG TO FEMA FLOCO INSURANCE RATE MAPS ygg; ' ~ )
TA 17+00.87 S~1] COMMUNITY-PANEL NUMBERS 795180 003 B AND 195180 OO6 B, CQNIRACTOR SHALL CONSTRUCTIMPROVo?dEN1S FER CITY OF
)ONSIRUCT 72' STORM MANHOLE STA fl+64.65 DATED SEPTEMBER 6, 1989. DUBUQUE STANDARD SPEGFiCATiONS. EXCEPT AS MODIFlED BY 1
IEENAH CASTING R-3015 CONSTRUCT CATCH BASIN PLANS.
;RATE EL 604.50 TYRE 101-C PER qTY DETAILS 20NING CUSSIFlCATION:
NV. EL 596.88 GRATE EL 605.10 ~ THIS SiTE CONTAINS 4.85 ACRES AlPERV10US SURFACE AREA.
4L EL 599.55-4" INY: El. 601.10 PGtT OF DUBUQUE PLANNED UNIT DEVELtpMEN7 Gtt OF DUBUQUE
~5 INL EL 60227-4'(2) ORDINANCE 31-02, INSTRUMENT NUMBER 7572-02, FILED APRIL 22, ALL ABANDONED PIPES SHALL BE FlU.ED WI1H FLOWABLE MORTAR. '• ~ I~
TA 16+48.15 CB-t2 2002 ~'FlCE OF THE DUBUQUE COUNtt RECORDER.
;ONSTRUCT 72' STORM MANHOLE STA 12+72.65 UTIU7IES SHOWN BY THIS SURVEY ARE
ZONING REOLMREMENIS~
IEENAH CASTING R-2501 CONSTRUCT CATCH BASIN BASED ON GRWND LEVEL OBSERVATIONS -
RATf EL. 604.70 TYPE 101-C PER q1Y DETAILS RED TO GTY OF DUBUQUE ORDINANCE 31-02, PORT OF DUBUWE AND RECaTD LOCATIONS. SUBSURFACE MH-
P \ x="~
IV. EL 597.22 CRATE EL 605:00 MASTER PLAN AND DESIGN STANDARDS, ADOPTED MARCH 4, 2002. U11UTY LOCAACNS WERE PROVIDED BY
IL EL 600.00-4' INV. EL 601.00 IOWA ONE CALL U71UTY REQUEST N0. ~ °;
LEGAL DESCRlP710N: 1;--N"~.
INL EL 60217-4'f2) 061371937 PERFORMED ON MAY 16, 2006
~ ` LOT 1 OF 1 OF RIVERWAUS SI%TH AOOI110N Bi THE GTY ~ j --~
iA 15+38.15 ~~ DUBUQUE, DUBUQUE COUNTY, K)WA AREA SURVEYED, 8.324 AGTES NOTES %
INVSiRUCT 6D' STGRM MANHOLE STA 15+15.15 'i. I 1 ~
CONSTRUCT CATGN BASIN
EENAH CASTING R-2501 1. UGHiMG AND LANDSCAPING TO BE
TYPE 101-C PER GTY DETAILS 1Et72iQ:
RATE EL. 804.80 CONSTRUCTED BY OTHERS. DETAILS NOT L REMOVE PA'JEMEN' AND
GRATE EL 804.90 ~~ & GU77ER
V. EL 597.87 INN, EL 600,90 FLOW ARROW ~' ~~'
L EL 600.04-4' INL. EL fi01.82-4"(2) g 2 CONTRACTOR TO COORDINATE CONSTRUCTION WITH
7NTRACTOR TO PROVIDE OPENING CONTRACTOR TO PROVIDE ~'ENING 10 ~~ ~0T ELEVA710N e~ RECONSTRUCT 50 L.F.
CONNECT ELECTRICAL TRENCH * GTY OF DUBUQUE PROJECTS BY DURRANT CONC. CJRB & GUTTER
tA1N CONNECT ELECTRICAL 1RENCH GRAIN FlNISHED TBC ELEVATION ~ ~' ENGINEERS
3.Z S~TA1115+23.15 /~ 3. IRRIGATION i5 MOWN CN fOLLOWING SF~ETS.
'A. 13+95.65 CONSTRUCT CATCH BASIN ~ WR9~ TO BE CONSTRUCTED BY 01HER5.
)NSIRUCT 60' STORM MANHOLE TYPE tOt-C PER GTY DETAILS IOWA ONE CALL
D:.NAH CASTING R-2501 GRATE EL 604.80 HCy21Z. ~ NQIE: 1-600-292-8989
LATE EL 604.90 4NV. EL 606.80 FURNISH k INSTAlI F&I
V. EL. 598.72 INL EL 601.72-4" IRRIGATION ~~ +• ~~ EXISiING CONTCiJRS ARE PER ORIGINAL SURVEY CRAOING HAS BEEN
EL 800.89-4" CONTRACTOR TO PROVIDE ~'ENINC TO BY OTHERS ~ 'h G ~ ~ DONE ON IRIS 517E AF1ER ~{IGINAL ~1RVEY WAS COMPLETED.
CONNECT ELECTRICAL 1RENGi DRAIN
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EXHIBIT B
Specifications
Storm Water Culvert:
Work shall include trench excavation, pipe bedding material placement in the
trench, installation of a 60 IN. concrete reinforced pipe, backfill of the trench,
grading of the excavation and turf establishment.
EXHIBIT "B"
Prepared By: Ted Francois Interstate Power and Light Company - PO Box 351 -Cedar Rapids, IA 52406-9949 (319) 786-4823
Return To: Ted Francois Interstate Power and Light Comoanv - PO Box 351 -Cedar Rapids. IA 52406-9949 (319) 786-4823
SPACE ABOVE THIS LINE FOR RECORDER
ACCESS EASEMENT
For and in consideration of the sum of One Dollar ($1.00) and other valuable consideration, the
receipt of which is hereby acknowledged, Interstate Power and Light Company, an Iowa
Corporation ("GRANTOR"), does hereby warrant and convey unto The City of Dubuaue, its
successors and permitted assigns ("Grantee") the right to cross the following described lands (the
"Premises") located in the County of Dubuaue and the State of Iowa:
A Part of Lot 2 of Lot 21 AND Part of Lot 2 of Lot 22, AND Part of Lot 1 of Lot 22 AND Lot 1 of Lot
23 AND Lot 2 of Lot 23 each in Block 26, Dubuque Harbor Improvement Company's Addition, in
the City of Dubuque, Dubuque County, Iowa. See attached EXHIBIT A
for the sole purpose of accessing Grantee's parking lot (the "Permitted Use")
Grantee's access rights are subject to the following terms and conditions:
1. PURPOSE: Grantee's use of the Premises shall be for the sole purpose of constructing a
driveway, grading, and seeding the above described property. This easement will allow public
access across the driveway to the parking lot directly East and adjacent to the Premises. Grantee
shall assume all risk of loss and shall be solely responsible for the construction of the driveway, as
well as the maintenance and repair of said driveway. All such activities shall be subject to the
review and approval of the GRANTOR, who retains the right, but not the obligation, to require
modifications to the driveway and to request other improvements that relate to the safety of its
Premises. Grantee shall provide GRANTOR with as-built drawings associated with the
driveway. GRANTOR reserves the right to use, occupy and enjoy the Premises and its property for
such purpose, in such manner, and at such time as it shall desire, provided such use does not
directly interfere with Grantee's rights under this Easement.
2. ABANDONMENT: The failure of Grantee to exercise its Permitted Use rights for three hundred
sixty-five (365) consecutive days at any one time shall be deemed an abandonment thereof,
except as set forth in this paragraph. An abandonment of the Premises by Grantee shall, at the
option of GRANTOR, operate as an absolute termination of this Easement after ten (10) days'
notice by GRANTOR to Grantee to that effect.
3. LAWS ANp REGULATIONS: GOVERNING LAW: Grantee shall, without cost to GRANTOR
comply with all local, state and federal laws, rules, regulations and ordinances of all
governmental authorities with jurisdiction concerning Grantee's use of the Premises. The parties
agree that this Easement shall be governed by the laws of the State of Iowa.
4. INDEMNITY: Grantee shall indemnify, defend and hold one GRANTOR harmless from and
against any and all claims, demands, losses, damages, cost and expenses (including, but not
limited to, court costs, fines, penalties and reasonable attorneys' fees, but excluding
consequential or indirect damages), judgments, liabilities and causes of action of any nature
whatsoever resulting from or relating to its use or occupancy of the Premises, a default of this
Easement, or arising in any manner out of the acts or omissions of Grantee its agents,
employees, or contractors in connection with the Easement or with the use or occupancy of the
Premises, or with respect to the violation of any laws, including without limitation, any
environmental laws and claims of third parties. Grantee shall indemnify and defend GRANTOR
ACCESSESM.DOC, REVISED 05/11/07
for, from and against any and all mechanics' liens and other liens and encumbrances filed by
any person claiming by, through or under Grantee and against all costs, expenses, losses and
liabilities (including reasonable attorneys' fees) incurred by GRANTOR in connection with any
such lien or encumbrance or any action or proceeding brought thereon.
5. RESTRICTIONS ON GRANTEE: HAZARDOUS SUBSTANCES: Grantee shall not cause nor
permit any Hazardous Substance to be used, stored, generated, or disposed of on or in the
Premises by Grantee, its agents, employees, contractors or invitees. If Hazardous Substances
are used, stored, generated, or disposed of on or in the Premises by Grantee, its agents,
employees, contractors or invitees in violation of Applicable Legal Requirements, or if the
Premises become contaminated in any manner for which Grantee is legally liable, Grantee shall
indemnify, defend, and hold harmless GRANTOR pursuant to Paragraph 3 herein. As used
herein, "Hazardous Substance" means any substance which is listed as "hazardous" or "toxic"
or listed in the regulations implementing CERCLA.
6. INSURANCE: Grantee shall maintain public liability insurance coverage or equivalent coverage
in The Iowa Communities Assurance Pool throughout the term of this Easement Agreement, so
as to protect and indemnify GRANTOR from any and all suits or claims arising out of Grantee's
use of the Premises. Such insurance shall be comprehensive in nature, including, but not
limited to, contractual liability. In addition, such insurance shall contain limits not less than
$1,000,000 combined single-limit person injury and property damage. Grantee's failure to meet
this insurance requirements shall not relieve Grantee of its responsibilities under this License.
Upon proof of financial responsibility to the satisfaction of GRANTOR, Grantee may be allowed
self-insure the coverages indicated herein resulting from the acts or omissions of Grantee,
Grantee's agents or employees. Grantee shall provide GRANTOR with certificates of insurance
or letter of self-insurance which shall be on file with GRANTOR and remain in effect for the
duration of the License.
7. SUCCESSORS AND ASSIGNS: This Easement shall be binding upon the heirs, executors,
administrators, successors and assigns of the Parties hereto. However, the Easement shall not
be assigned or in any manner transferred nor said Premises or any part thereof used or
occupied by any party other than Grantee without the written consent of GRANTOR.
8. APPLICABLE LAW: Grantee shall, without cost to GRANTOR, comply with all applicable laws,
rules, regulations, and ordinances of competent authorities affecting said Premises including,
but not limited to those relating to the environment. The Parties agree that the laws of the State
of Iowa shall govern this Easement, with venue lying in Dubuque County District Court.
9. BREACH: Any breach by Grantee of any covenant to be kept or conditions to be performed
herein set forth, shall be sufficient cause for the immediate termination by GRANTOR of this
Easement.
ACCESSESM.DOC, REVISED 05/11/07
Signed this day of , 2007.
GRANTOR: Interstate Power and Light Company
By:
ALL PURPOSE ACKNOWLEDGMENT
STATE OF )
COUNTY OF ) ss:
CAPACITY CLAIMED BY SIGNER
INDIVIDUAL
CORPORATE
Title(s) of Corporate Officers(s):
On this day of AD. 2007, before me, the
undersigned, a Notary Public in and for said State, personally
appeared
to me personally known
or provided to me on the basis of satisfactory
evidence
to be the persons(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and
that by his/her/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed
the instrument.
NOTARY SEAL
(Sign in Ink)
(Print/type name)
Notary Public in and for the State of
Name:
Title:
N/A
Corporate Seal is affixed
No Corporate Seal procured
PARTNER(s)
Limited Partnership
General Partnership
ATTORNEY-IN-FACT
EXECUTOR(s),
ADMINISTRATOR(s),
or TRUSTEE(s):
GUARDIAN(s)
or CONSERVATOR(s)
OTWER
SIGNER IS REPRESENTING:
List name(s) of persons(s) or entity(ies):
ACCESSESM.DOC, REVISED 05!11/07
GRANTEE: CITY OF DUBUQUE
ALL PURPOSE ACKNOWLEDGMENT
STATE OF
COUNTY OF
ss:
Name:
Title:
By:
By:
Name:
Title:
CAPACITY CLAIMED BY SIGNER
INDIVIDUAL
CORPORATE
Title(s) of Corporate Officers(s):
On this day of AD. 2007, before me, the
undersigned, a Notary Public in and for said State, personally
appeared
to me personally known
or provided to me on the basis of satisfactory
evidence
to be the persons(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and
that by his/her/their signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed
the instrument.
NOTARY
(Sign in Ink)
N/A
Corporate Seal is affixed
No Corporate Seal procured
PARTNER(s)
Limited Partnership
General Partnership
ATTORNEY-IN-FACT
EXECUTOR(s),
ADMINISTRATOR(s),
or TRUSTEE(s):
GUARDIAN(s)
or CONSERVATOR(s)
OTHER
SIGNER IS REPRESENTING:
List name(s) of persons(s) or entity(ies):
(Print/type name)
Notary Public in and for the State of
ACCESSESM.DOC, REVISED 05/11/07
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EXHIBIT "C"
Prepared By: Ted Francois Interstate Power and Light Company - PO Box 351 -Cedar Rapids, IA 52406-9949 (319) 786-4823
Return To• Ted Francois Interstate Power and Liaht ComoanV - PO Box 351 -Cedar Rapids IA 52406-9949 (319) 786-4823
UNDERGROUND ELECTRIC LINE EASEMENT
For and in consideration of the sum of One Dollar ($1.00) and other valuable consideration, the
receipt of which is hereby acknowledged, the City of Dubuque, Iowa ("Grantor"), ADDRESS: 50 West
13th Street, Dubuque, IA 52001 does hereby warrant and convey unto Interstate Power and Light
Company, an Iowa Corporation, its successor and assigns, ("Grantee"), a 15-foot wide perpetual
easement with the right, privilege and authority to construct, reconstruct, maintain, operate, repair,
patrol and remove an underground electric and telecommunications line or lines, consisting of wires,
transformers, switches and other necessary fixtures and equipment, (including associated surface
mounted equipment) and construction for transmitting electricity, communications and all corporate
purposes together with the power to extend to any other party the right to use, jointly with the Grantee,
pursuant to the provisions hereof, upon, under, over and across the following as described on the
attachment Exhibit A-1 and as shown on Exhibit A-2, A-3 and A-4 located in the City and County of
Dubuque, and the State of Iowa, together with all the rights and privileges for the full enjoyment or use
thereof for the aforesaid purpose. Notwithstanding the foregoing, the initial electric facility installation
plan illustrated in Exhibit A-5 attached hereto has been approved by Grantor and any material changes
shall be submitted to Grantor for their approval, such approval not to be unreasonably withheld or
delayed. Grantee shall not construct any above-ground line, wire, transformer, switch, or other fixture
or equipment of any kind without the prior written consent of City Engineer, such consent not to be
unreasonable delayed or withheld.
Grantor shall not construct or place any buildings, structures, plants, or other obstructions on
the property described above without the prior written consent of Grantee which consent shall not be
unreasonably withheld. Grantor shall not, however, be prohibited from installing surface parking lots,
sidewalks, recreational trails or other similar paved surfaces on the property described above.
Notwithstanding the foregoing in no event shall any obstruction or installation interfere with or obstruct
Grantees ability to access its line or lines or to perform its activities authorized under this agreement.
Grantee agrees that upon written notice from Grantor, Grantee shall at Grantor's expense relocate its
lines, wires, transformers, switches and other fixtures and equipment. In the event of any relocation
Grantor shall secure (at its sole cost) all appropriate easement rights and other approvals needed to
accommodate the relocated line or lines, and such line or lines shall be relocated to an area reasonably
acceptable to Grantee.
Grantee shall not trim, cut down or remove any trees or other vegetation on said described land
without the prior written consent of Grantor and subject to such reasonable conditions as Grantor may
require.
Grantee, its contractor or agent, may enter said premises for the purpose of making surveys
and preliminary estimates immediately upon the execution of this easement.
Grantor also grants to Grantee the right of ingress and egress to said line or lines, over/under
lands now owned by the Grantor(s), for the purpose of constructing, reconstructing, maintaining,
operating, patrolling, repairing and removing said line or lines, or associated equipment upon prior
written request to Grantor and upon such reasonable conditions as Grantor may require. Grantee
agrees to restore the property, including but not limited to trees or other vegetation, fences, pavement
or landscaping of the Grantor or its tenants, to the same condition as it was prior to such constructing,
reconstructing, patrolling or repairing said line or lines.
UNDERGRD.DOC, REVISED 05/14/07
Signed this day of .2007.
GRANTOR: The City of Dubuque
By:
Roy D. Buol, Mayor
By:
Jeanne F. Schneider, CMC, City Clerk
ALL-PURPOSE ACKNOWLEDGMENT
STATE OF IOWA
COUNTY OF DUBUQUE ss:
On this day of , AD. 2007, before me,
the undersigned, a Notary Public in and for said State, personally
appeared
Rov D. Buol
Jeanne F. Schneider
x to me personally known
or provided to me on the basis of satisfactory
evidence
to be the persons(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted, executed the
instrument.
NOTARY SEAL
(Sign in Ink)
(Print/type name)
Notary Public in and for the State of Iowa
CAPACITY CLAIMED BY SIGNER
INDIVIDUAL
CORPORATE
Title(s) of Corporate Officers(s):
N/A
Corporate Seal is affixed
No Corporate Seal procured
PARTNER(s)
Limited Partnership
General Partnership
ATTORNEY-IN-FACT
EXECUTOR(s),
ADMINISTRATOR(s),
or TRUSTEE(s):
GUARDIAN(s)
or CONSERVATOR(s)
OTHER
SIGNER IS REPRESENTING:
List name(s) of persons(s) or entity(ies):
City of Dubuque
UNDERGRD.DOC, REVISED 05/14/07
EXHIBIT A-1
1. Along the westerly boundary line of Lot C and Lot 2 of Riverwalk 5th
Addition;
2. Along the northerly and westerly boundary line of Lot 2 of Lot 1 of
Riverwalk Sixth Addition;
3. Parts of Lot 7, Lot 8, the vacated alley and vacated Bodega Street in
Block 29 and Lot V all in Dubuque Harbor Improvement Company
Addition, abutting the easterly right-of-way line of the Canadian National
Illinois Central Railroad;
4. East Fifth Street abutting the easterly right-of-way line of the Canadian
National Illinois Central Railroad;
5. Along the westerly line of Lot B of Lot 11 of Industrial Subdivision No. 2;
6. Along the westerly right of way line of Bodega Street north of Ice Harbor
Drive;
7. Part of Ice Harbor Drive adjacent to the easterly right-of-way line and
spur line of the Canadian National Illinois Central Railroad; and
8. Apart of a thirty (30)-foot wide alley in Block C of Booth's Addition
abutting Lot 3 of Adams Company's Third Addition.
9. Part of Lot 1 and part of Lot A (Third Street) of Ice Harbor Development.
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INDEMNIFICATION AGREEMENT
This Indemnification Agreement ("Agreement") is effective ~ %' , 2007, between the City of
Dubuque, Iowa, a municipal corporation("City"), and The McGraw-Hill Companies, J.nc., a New York
corporation ("McCraw-Hill").
Recitals. On June 19, 2006, the City and McGraw-Hill entered into a Development Agreement
("Development Agreement") under which McGraw-Hill undertook to construct the Project in the
Project Area, as those terms are defined in the Agreement. Under section 12.1 of the Agreement,
McGraw-Hill also undertook to construct parking lot improvements on land adjacent to the Project
owned by the City. The driveway to the parking lot improvements is owned by Interstate Power and
Light Company ("Interstate"), and subject to a right of first refusal in favor of a third party. The City
has obtained a permanent easement from Interstate which, inter alia, will permit construction of the
driveway and associated improvements (the "Easement"). In consideration of McGraw-Hill
proceeding with the construction of the driveway and related improvements, the parties agree as
follows below.
2. Indemnification. The City shall indemnify and save harmless McGraw-Hill, its successors and
assigns, from all suits, actions or claims of any character brought because of any injuries or damage
received or sustained by any person, persons or property because of any claim that Interstate did not
have the legal authority to grant the Easement, that the City or McGraw-Hill had no right of access
to the Interstate property, or any related types of claims. The City shall at all times indemnify and
save McGraw-Hill, its successors and assigns, harnless from and against all liability, loss, damages,
costs and expenses, including attorney's fees, which McGraw-Hill may for any cause at any time
sustain or incur by reason of its having proceeded with the construction of the driveway and
associated improvements.
3. Fulfillment of Terms. The construction of the driveway and related improvements as required by
the Development Agreement shall fulfill McGraw-Hill's obligations regarding the same under the
Development Agreement. Any demolition, reconstruction or relocation ofthe driveway and related
improvements, other than that caused by the act or omission of McGraw-Hill to construct the same
in accordance with the Development Agreement, shall be at the sole cost of the City.
4. General Terms and Conditions. The General Terms and Conditions of the Development
Agreement are incorporated herein as though fully set forth.
5. Execution By Facsimile. The parties agree that this Agreement may be transmitted between them
by facsimile machine. The parties intend that the faxed signatures constitute original signatures and
that a faxed Agreement containing the signatures (original or faxed) of all the parties is binding on
the parties.
wp60docs\Cotporafions\McGraw-Hill Companies, Inc., The\Office BuildingUndemnification Agreement 5.3..07
Page 1 of 2
In Witness Whereof, the parties hereto have duly executed this Agreement effective the date first written
above.
The City of D uque, Iowa The McGraw-Hill Companies, Inc.
B. D. B.
~.~
Y Y
Ro . Buol, Mayor -(' (~~,~~,~
~v ~) ~ t711~GTL~R•') R.EdI_ i=~S'4~-TIC
r,
Jeanne F. Schneider, City Clerk
Page 2 of 2