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Giese Properties_Development Agreement AcknowledgementBrian J. Kane Les V. Reddick* Brad J. Heying Todd L. Stevenson* Kevin T. Deeny** Bradley B. Kane Joseph P. Kane All admitted in Iowa *Also admitted in Illinois **Also admitted in Wisconsin Phone: (563) 582-7980 Facsimile: (563) 582-5312 E-mail:bkane@kanenorbylaw. com September 24, 2007 Mr. Michael VanMilligen, City Manager City Hall, 2"d Floor 1300 Main Street Dubuque, IA 52001 RE: GIESE PROPERTIES, LLC Dear Mr. VanMilligen: We are counsel for Giese Properties, LLC, and have reviewed the March 4, 2002 Development Agreement by and between our client and the City of Dubuque. Section 5.1, with respect to covenants of employer, states that employer will maintain its 31 employees and shall create or cause to be created not less than 10 new full time equivalent jobs within 3 years of the date of the agreement, and maintain those jobs for 2 years thereafter. We understand that our client has done so and has certified to the City, pursuant to Section 5.2, its compliance. Based on the foregoing, it appears that the aforesaid Development Agreement has been complied with and has been fully performed by our client. We would appreciate written acknowledgment thereof from the City. Please do not hesitate to contact us directly should you have any questions. Thank you. Best regards, BJK:aId Enclosure cc: Barry A. Lindahl David Heiar KANE, NORBY & REDDICK, P.C. ATTORNEYS 2100 ASBURY ROAD, SUITE 2 DUBUQUE, IA 52001-3091 Of Counsel: Gary K. Norby KANE, NORBY & REI}`DICK, P.C. By Brian