Environmental Covenant - Old City Garage (PNG) Site Copyright 2014
City of Dubuque Action Items # 7.
ITEM TITLE: Environmental Covenant - Old City Garage (PNG) Site
SUMMARY: City Manager recommending approval of a resolution approving an
Environmental Covenant and Termination and Release of Property
Restriction for the old City Garage site, formerly People Natural Gas.
RESOLUTION Approving an Environmental Covenant and Termination
and Release of Property Restriction for the old City Garage site, formerly
Peoples Natural Gas at 925 Kerper Boulevard, Dubuque, Iowa
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s)
ATTACHMENTS:
Description Type
❑ Environmental Covenant Old City Garage Site-MVM Memo City Manager Memo
❑ Staff Memo Staff Memo
❑ Resolution Resolutions
❑ Environmental Covenant Supporting Documentation
❑ Termination and Release of Deed Restriction Supporting Documentation
THE CITY OF Dubuque
UBE I
erica .i
Masterpiece on the Mississippi 2007-2012-2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Environmental Covenant: Old City Garage Site, formerly Peoples Natural
Gas
DATE: August 31, 2015
City Attorney Barry Lindahl recommends City Council approval of a Resolution
approving an Environmental Covenant and Termination and Release of Property
Restriction for the Old City Garage Site, formerly People Natural Gas.
The practical impacts of the covenant for the City are twofold: (1) the City must ensure
its use of the property complies with the terms of the covenant, and (2) the covenant
limits the future use of the property and therefore makes it less attractive to future
buyers. The City's plans for the future use of the property are to construct a bus
transportation facility with incidental office use. This specific use has already been
approved by EPA and would meet with the requirements of the covenant.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
HE CITY OF
DUB
E MEMORANDUM
Masterpiece on the Mississippi
BARRY LINDAHL
CITY ATTORNEY
To: Michael C. Van Milligen
City Manager
DATE: August 28, 2015
RE: Environmental Covenant: Old City Garage Site, formerly Peoples Natural
Gas
Attached is a resolution approving an Environmental Covenant and Termination and
Release of Property Restriction for the Old City Garage Site, formerly Peoples Natural
Gas.
The City of Dubuque is the current owner of environmentally contaminated property with
a local address of 925 Kerper Boulevard, Dubuque, Iowa. The property was previously
owned by Peoples Natural Gas, who among others, contributed to the contamination of
the site. For that reason, it is commonly known as the Peoples Natural Gas Site (the
Site).
On April 19, 1989, the U.S. Environmental Protection Agency (EPA), pursuant to its
authority under the Comprehensive Environmental Response, Compensation and
Liability Act of 1980 (CERCLA), issued an administrative order for the cleanup and
continued monitoring of the Peoples Natural Gas Site. Pursuant to that order, EPA
required the City of Dubuque to place intuitional controls on the Site in the form of a
deed restriction, which was recorded in 1991.
Subsequently, in 2005, Iowa passed the Uniform Environmental Covenants Act (the
Act), which allowed persons to restrict the use of contaminated property in perpetuity by
executing and recording an environmental covenant. Following the enactment of the
Act, environmental covenants have replaced deed restrictions as the preferred
institutional control on sites where contamination will remain on the property.
On September 25, 2013, EPA issued an Amendment to the Record of Decision which
amended the remedy for the Site to require, in part, the placement of an environmental
covenant on the property restricting its use because certain soil and groundwater
contamination will remain on the Site. EPA has also requested that the deed restriction
OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563)583-4113/FAX (563)583-1040/EMAIL balesq@cityofdubuque.org
be removed from the property, as it is EPA's intent for the environmental covenant to
replace the deed restriction as the sole institutional control on the Site. Pursuant to the
Amended ROD, the City negotiated this environmental covenant with EPA. At the
request of EPA, MidAmerican Energy has also been made a holder of certain rights in
the covenant because MidAmerican is conducting the response action at the Site.
We have been working with our environmental attorneys, Jane McAllister and Connor
Wasson from the Ahlers Firm to develop the covenant. The covenant itself was
prepared using the model language provided by the Iowa Department of Natural
Resources and Activity and Use Limitations required for the Site by EPA. The Activity
and Use Limitations both restrict the City's ability to use the property and require certain
affirmative obligations on the part of the City, including, for example, some of the
following: giving access to EPA when requested, notifying future users of the property of
the contamination and the restrictions, not digging below a certain depth on the property
without EPA's permission, not using the property for residential use, and notifying EPA if
anyone does work on the property that could disturb the contamination.
The practical impacts of the covenant for the City are twofold: (1) the City must ensure
its use of the property complies with the terms of the covenant, and (2) the covenant
limits the future use of the property and therefore makes it less attractive to future
buyers. The City's plans for the future use of the property are to construct a bus
transportation facility with incidental office use. This specific use has already been
approved by EPA and would meet with the requirements of the covenant.
I recommend that the resolution approving the Environmental Covenant and
Termination and Release of Property Restriction be submitted to the City Council for
consideration and approval.
BAL:tIs
Attachment
cc: Don Vogt, Public Works Director
Jane McAllister, Esq., Ahlers Law Firm
Connor Wasson, Esq., Ahlers Law Firm
F:\USERS\isteckle\Lindahl\City Garage-Old-New Facilities\MVM_EnvironmentalCovenant_082815.doc
2
RESOLUTION NO. 315-15
APPROVING AN ENVIRONMENTAL COVENANT AND TERMINATION AND
RELEASE OF PROPERTY RESTRICTION FOR THE OLD CITY GARAGE SITE,
FORMERLY PEOPLES NATURAL GAS AT 925 KERPER BOULEVARD, DUBUQUE,
IOWA
Whereas, the City of Dubuque is the current owner of environmentally contaminated
property with a local address of 925 Kerper Boulevard, Dubuque, Iowa, which property
was previously owned by Peoples Natural Gas, who among others, contributed to the
contamination of the site, commonly known as the Peoples Natural Gas Site (the Site);
and
Whereas, the U.S. Environmental Protection Agency (EPA) previously required the
City of Dubuque to place intuitional controls on the Site in the form of a deed restriction,
which was recorded in 1991; and
Whereas, EPA has requested that the deed restriction be removed from the property,
as it is EPA's intent for an environmental covenant to replace the deed restriction as the
sole institutional control on the Site; and
Whereas, City has negotiated the attached Environmental Covenant with EPA; and
Whereas, the City Council finds that it is in the best interests of the City of Dubuque
to approve the Environmental Covenant.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Environmental Covenant and Termination and Release of Property
Restriction attached hereto are hereby approved.
Section 2. The Mayor is hereby authorized and directed to execute the Environmental
Covenant and Termination and Release of Property Restriction on behalf of the City of
Dubuque.
Section 3. The City Manager is authorized to take such action is may be necessary
and convenient to implement the Environmental Covenant and Termination and
Release of Property Restriction.
1
Passed, approved and adopted this 8th day of September, 215.
ATTEST:
2
Roy D. Buo/layor
TERMINATION and RELEASE OF DEED RESTRICTION
Recorder's Cover Sheet
Preparer Information:
Jane B. McAllister
100 Court Avenue, Suite 600
Des Moines, IA 50309-2231
Phone: (515) 243-7611
Taxpayer Information:
City of Dubuque
Attn: City Clerk
50 W. 13th Street
Dubuque, IA 52001
Return Document to:
Jane B. McAllister
100 Court Avenue, Suite 600
Des Moines, IA 50309-2231
Grantor: City of Dubuque
Grantee: N/A
Legal Description: See Page 2
TERMINATION AND RELEASE OF PROPERTY RESTRICTION
THIS TERMINATION AND RELEASE OF PROPERTY RESTRICTION ( "Release")
is made this 8th day of September , 2015 by the City of Dubuque, an Iowa Municipal
Corporation (the "City") concerning the property legally described as:
Lot 2 of Lot 1 of Lot 2 of City Lot 504; and
Lot 2 of Lot 1 of Lot 1 of Lot 1—Lot 1 of Out Lot 507; and
Lot 2 of Lot 3 of Lot 2 of City Lot 504; and
Lot 2 of Out Lot 507; and
That portion of Cedar Street from East Tenth Street to East Eleventh Street which has
been vacated; and Lot B of Vacated East Tenth Street
(collectively "Property")
WHEREAS, the Property comprises part of the Dubuque Peoples Natural Gas Superfund
Site, identified as such by the United States Environmental Protection Agency ("EPA")
pursuant to its authority under the Comprehensive Environmental Response, Compensation and
Liability Act of 1980, as amended ("CERCLA"); and
WHEREAS, as part of the remedy to address environmental conditions on or about the
Property, EPA required the City to place certain activity and use limitations on the Property
through the filing of a Memorandum for Record of Property Restriction ("Property Restriction"),
which Property Restriction was filed by the City in the Dubuque County Recorder's office on
May 14, 1991, and recorded in the records of that county as Instrument No. 4730-91; and
WHEREAS, in the Amendment to the Record of Decision signed by EPA on September
25, 2013, EPA's selected remedy included implementation of an environmental covenant.; and
WHEREAS, in order to implement the Amendment to the Record of Decision of
September 25, 2013, EPA has requested the City terminate and release the existing Property
Restriction for the Property in conjunction with the filing of an environmental covenant; and
WHEREAS, the City desires to fully comply with the Amendment to the Record of
Decision and the request of EPA with regard to the termination and release of the Property
Restriction.
NOW, THEREFORE, following approval by the City Council of the City of Dubuque,
Iowa, the City of Dubuque hereby terminates and releases the Property Restriction, and from the
date of recording of this document, such Property Restriction will have no force and effect.
September, 8 2015
September 8, 2015
State of Iowa
) SS:
County of Dubuque )
City of Dubuq e, Iowa
By
By: Ro
Title: Ma
or
F9 /
AW,,,Z,0707r
By: Ke vin S. Firnstahl
Title: City Clerk
On this 8th day of September, 2015, before me, personally appeared Roy D. Buol and
Kevin S. Firnstahl to me personally known, and, who, being by me duly sworn, did say that they
are the Mayor and City Clerk, respectively, of the City of Dubuque, Iowa; that the seal affixed to
the foregoing instrument is the corporate seal of the corporation, and that the instrument was
signed and sealed on behalf of the corporation, and by authority of its City Council, as contained
in Resolution No. 315-15 on the 8th day of September, 2015, and that Roy D. Buol and Kevin S.
Firnstahl acknowledged the execution of the instrument to be their voluntary act and deed and
the voluntary act and deed of the corporation, by it voluntarily executed.
PAMELA J. McCARIFION
Commission Number 772419
My Comm. Exp-
01062526-1\10422-068
AM r
Notary Public, S, of Iowa:
THE CITY OF
DUB
Masterpiece on
he Mississippi
BARRY LINDAHL
CITY ATTORNEY
MEMORANDUM
To: Kevin Firnstahl
City Clerk
DATE: October 9, 2015
RE: City of Dubuque Environmental Covenant (PNG Site)
Attached for your file is the original Environmental Covenant recorded September 28,
2015 as Instrument no. 2015-00012514.
will maintain a copy in our file.
Thank you.
BAL:tIs
Attachment
F:\USERS\tsteckle\Lindahl\City Garage - Old -New Facilities\Firnstahl_EnvironmentalCovenant_100915.doc
OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563) 583-4113 / FAx (563) 583-1040 / EMAIL balesq@cityofdubuque.org
AHLERS CONEY
ATTORNEYS
October 5, 2015
Barry Lindahl
City Attorney
City of Dubuque
50 W. 13th Street
Dubuque, IA 52001
Ahlers & Cooney, P.C.
Attorneys at Law
100 Court Avenue, Suite 600
Des Moines, Iowa 50309-2231
Phone: 515-243-7611
Fax: 515-243-2149
www.ahlerslaw.com
Conner L. Wasson
515.246.0341
cwasson@ahlerslaw.com
Re: City of Dubuque Environmental Covenant
Dear Mr. Lindahl :
Enclosed please find the original Environmental Covenant, which was recorded on
September 28, 2015, in the Dubuque County Recorder's Office.
Thank you for your assistance in completing this Covenant. Please contact me if
you have any questions.
Very truly yours,
AHLERS & COONEY, P.C.
Conner L. Wasson
CLW:sp
Enclosure
01159927-1\10422-096
WISHARO & BAILY - 1888; GUERNSEY & BAILY- 1893; BAILY & STIPP - 1901; STIPP, PERRY, BANNISTER & STARZINGER - 1914; BANNISTER, CARPENTER,
AHLERS & COONEY - 1959; AHLERS, COONEY, DORWEILER, ALLBEE, HAYNIE & SMITH - 1974; AHLERS, COONEY. DORWEILER, HAYNIE. SMITH & ALLBEE. P.C. - 1990
Preparer Information:
Conner L. Wasson
100 Court Avenue, Suite 600
Des Moines, IA 50309
Phone: (515) 243-7611
Taxpayer Information:
City of Dubuque, Iowa
Attn: City Clerk
50 W. 1311 Street
Dubuque, IA 52001
Return Address:
Conner L. Wasson
100 Court Avenue, Suite 600
Des Moines, IA 50309
Grantors:
City of Dubuque, Iowa
Grantees:
N/A
Legal Description:
See page 11
ENVIRONMENTAL COVENANT
Recorder's Cover Sheet
1
111$11111111111111111131111111►1►11►11►►i
Doc ID: 008321640012 Type: GEN
Kind: MISCELLANEOUS
Recorded:
$62.00/2015 Page 1tof1129'12 AM
Dubuque County Iowa
John Murphy Recorder
File2015-00012514
Cowl Pme°)
ENVIRONMENTAL COVENANT
This Environmental Covenant is established and executed pursuant to Iowa Code Chapter
455I, entitled Uniform Environmental Covenants Act.
The signatories hereto have entered into this Environmental Covenant for the purpose of
subjecting the property described below, or a portion thereof, to certain activity and use
limitations in accordance with the terms and conditions specified herein.
1. The Property. The City of Dubuque, Iowa, is the sole fee simple title owner of that
real property legally described in Exhibit A hereto and incorporated herein, with a local address
of 925 Kerper Boulevard in Dubuque, Dubuque County, Iowa (hereinafter "Property").
2. Background. On April 19, 1989, the U.S. Environmental Protection Agency
(hereinafter "EPA" or "Agency"), pursuant to its authority under the Comprehensive
Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), issued an
Administrative Order on Consent to address environmental contamination at a site referred to as
the Dubuque Peoples Natural Gas Site ("Site"). Pursuant to that order, the City of Dubuque
placed institutional controls ("Deed Restriction") on certain of its real property impacted by the
contamination, which instrument was recorded as Instrument No. 4730-91 with the Dubuque
County Recorder's office. Subsequently, EPA and various parties agreed to implement a remedy
for the Site (removal and remedial actions collectively "Environmental Response Project"). On
September 25, 2013, EPA issued an Amendment to the Record of Decision, which amended the
remedy for the Site to include, in part, placement of this Environmental Covenant on the Site
because certain soil and groundwater contamination remains on the Property. The administrative
record for the Environmental Response Project is on file at the offices of the U.S. Environmental
Protection Agency, Region VII, 11201 Renner Blvd., Lenexa, Kansas 66219.
3. Reopening. The signatories acknowledge that failure of the activity and use
limitations to serve their intended purpose including the prevention of exposure to contamination
could result in the Agency reopening its review and regulation of the contaminant condition on
the Property as may be allowed by applicable law.
4. Identity of Grantor, Grantee/Holder, and Agency, as each is defined in this
Environmental Covenant and as provided in Iowa Code 4 455I:
Grantor:
City of Dubuque, Iowa, an Iowa Municipal Corporation, is the
current owner of the Property and the Grantor of this
Environmental Covenant.
2
Grantee/Holder: City of Dubuque, Iowa, an Iowa Municipal Corporation.
Holder: MidAmerican Energy Company, an Iowa Corporation, conducting
Environmental Response Projects on the Property.
Agency:
The U.S. Environmental Protection Agency (EPA), an agency of
the United States, is the Agency under this Environmental
Covenant.
Third -Party
Beneficiary: Iowa Department of Natural Resources (IDNR), an agency of the
State of Iowa, which has certain benefits granted by this
Environmental Covenant, although not an Agency hereunder nor a
signatory to this Environmental Covenant
5. Representations and Warranties. City of Dubuque, Iowa warrants to the Grantee,
all Holders and EPA the following:
a. that it is the sole fee simple title owner of the Property;
b. that it holds sufficient fee simple title to the Property to grant the rights
and interests described in this Environmental Covenant free of any conflicting legal and
equitable claims, and
c. that it has identified all other persons holding legal or equitable interests to
the Property, including, but not limited to, contract buyers, mortgagees, other consensual
lien holders, and lessees and they are:
Interstate Power owns various easement interests in the Property.
The Agency is not requiring Grantor to observe any provisions of
this Covenant with respect to Interstate Power, its successors or
assigns, except Grantor must provide notice in accordance with
Paragraph 7(h) of this Covenant.
ii. Northern Natural Gas Company Operating as Peoples Natural Gas
reserved an easement in the Property permitting it to maintain,
operate, repair, remove, and replace existing natural gas pipelines
on the Property. The Agency is not requiring Grantor to observe
any provisions of this Covenant with respect to Northern Natural
Gas Company Operating as Peoples Natural Gas, its successors or
assigns, except Grantor must provide notice in accordance with
Paragraph 7(h) of this Covenant.
6. Running with the Property. This Environmental Covenant is perpetual and runs
with the Property as provided in Iowa Code Section 455I.9 until modified or terminated. This
Environmental Covenant is binding on the Grantor and the Holders and all of their successors,
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assigns, and all transferees acquiring or owning any right, title, lien or interest in the Property
and their heirs, successors, assigns, grantees, executors, administrators, and devisees. The term
"transferee," as used in this Environmental Covenant, shall mean any future owner of any
interest in the Property or any portion thereof, including, but not limited to, owners of an interest
in fee simple, contract buyers, mortgagees, easement holders, and/or lessees.
7. Activity and Use Limitations and Terms. The Property is subject to the following
activity and use limitations:
a. Owners of the Property shall notify all occupants or tenants or any
subsequent transferee of an interest in the Property of these Activity and Use
Limitations and this Environmental Covenant. Owners of the Property shall
condition all occupancy and tenancy on compliance with these Activity and Use
Limitations and this Environmental Covenant. The Holders identified herein have
executed this Environmental Covenant and are bound by such Activity and Use
Limitations without further notice. Failure by any occupant or tenant to comply
with these Activity and Use Limitations does not excuse compliance by the then
existing owner with these Activity and Use Limitations.
b. The Property shall not be used for any purpose other than
commercial or industrial. Such allowed use shall include a bus maintenance and
storage facility, with offices and employee comfort facilities.
c. The Property shall not be used for residential use or use where
children may be present for extended periods of time, including school or day
care.
d. Except for wells authorized by the EPA or IDNR, installation and/or
use of wells for any purpose whatsoever, including but not limited to potable and
non -potable water supply, for human or animal consumption, irrigation, heat
pumps or sanitation, is prohibited.
e. Existing wells located on the Property shall not be abandoned or
closed without the approval of the EPA or IDNR.
f. Unless prior approval is given by EPA, any new construction of
enclosed buildings at the Property must prevent, or include remedial systems to
control and/or abate vapor intrusion of Contaminants of Concern, as listed on
Exhibit B, into any such new construction at the Property, if necessary for
compliance with published standards for protectiveness of human health and the
environment and appropriate for the intended use of the buildings. Such remedial
systems must be properly operated and maintained.
4
g. Any person undertaking excavation or construction activities that
may disturb soil at any depth in the area of the former public works garage, or in
other areas of the Property at a depth of more than six feet below the surface
grade, shall provide no less than thirty (30) days advance written notice thereof to
EPA and Holder Such excavation or construction shall not proceed without prior
written approval by the Agency, unless the excavation or construction is part of an
Environmental Response Project that has been approved by the Agency. Such
prior notice and approval is not required for emergency circumstances, in which
case notice must be given as soon as possible.
h. If during the time of their ownership, tenancy or occupancy, the
owner, tenant, or occupant observes or is given notice that some other party,
including but not limited to a utility easement holder, is, without EPA approval,
undertaking either emergency or non -emergency excavation or construction
activities subject to Agency approval under paragraph 7(g) said owners, tenants, or
occupants shall (i) promptly provide a copy to such other party engaged in such
activities of these Activity and Use Limitations; (ii) promptly notify such other
party that all appropriate and necessary assessments and precautions should be
taken prior to such activities, including but not limited to employee protection and
hazardous substance management; (iii) promptly notify EPA of the other party's
activity or planned activity and contact information for such other party, if known;
and (iv) promptly notify such other party that the materials generated at or from
the excavation or construction activities must be properly managed as may be
required by law, making all appropriate and necessary assessment prior to such
management.
8. Notice of Non -Compliance. Any property owner or occupant or tenant or subsequent
transferee of an interest in the Property, shall notify EPA and IDNR as soon as possible of
conditions which would constitute a breach of the activity and use limitations in paragraph 7 if
they have actual knowledge of these conditions or would reasonably be deemed to have
knowledge within the normal course of administration of their property interest.
9. Notice to Lessees. Any property owner or occupant or tenant or subsequent
transferee of an interest in the Property, Grantor, any holder with a property interest sufficient to
grant a lease of the property, and any subsequent transferee shall incorporate the activity and use
limitations of this covenant either in full or by reference to this instrument in any lease, license,
or other instrument granting a right to possession of the property.
10. Access to the Property. Reasonable access to the Property, with prior reasonable
notice to the owner or occupant or tenant, is hereby granted to the authorized representatives of
EPA and IDNR to conduct environmental activities at the Property, to ascertain or ensure that the
Environmental Response Project taken at the Property is or has been implemented and remains
effective and protective of human health or welfare or the environment, and to determine
compliance with the terms of this Environmental Covenant. Access may include the collection
5
of environmental samples, including but not limited to surface water, groundwater and soil.
Holder also has access to the Property during the period of Owner's ownership or during the
period the remedial design and remedial action activities are performed, whichever is shorter.
11. Groundwater Hazard Statement Notice. Iowa Code section 558.69 requires submission of
a groundwater hazard statement and disclosure if "hazardous waste" exists on the property as
defined in Iowa Code subsections 455B.411(3), 455B.412(2) or section 455B.464 or if the
Department determines that solid waste exists on the property that is potentially hazardous. If
hazardous waste is present, the groundwater hazard statement must state that the condition is
being managed in accordance with Department rules. The signatories and all subsequent
transferees required to submit a groundwater hazard statement under Iowa Code section 558.69
shall make reference to this environmental covenant in substantially the following form:
THE INTEREST CONVEYED IS SUBJECT TO AN
ENVIRONMENTAL COVENANT, DATED [ date month, day, year]
RECORDED IN THE DEED OR OFFICIAL RECORDS OF THE [NAME]
COUNTY RECORDER ON [ date month, day, year] IN [document, book and
page, or parcel number].
12. Cooperation and Assistance. The owner and any occupant or tenant of the Property
must fully cooperate with the authorized representatives of EPA and IDNR and Holders of this
Environmental Covenant as they conduct environmental activities at the Property, if any, and the
owner and any occupant or tenant shall not destroy, damage, interfere with or impede the
effectiveness or integrity of any environmental activities on the Property.
13. Modification and Termination. This Environmental Covenant may be modified or
terminated in accordance with and subject to the provisions of Iowa Code Chapter 455I. The
termination or modification of this Environmental Covenant is not effective until the document
evidencing consent of all necessary persons is properly recorded.
14. Enforcement. The terms of this Environmental Covenant may be enforced in a civil
action for injunctive or other equitable relief by the signatories and those persons authorized by
and in accordance with Iowa Code Chapter 455I, including but not limited to Grantor, Grantees,
Holders, EPA and IDNR.
15. Severability. If any provision of this Environmental Covenant is found to be
unenforceable in any respect, the validity, legality and enforceability of the remaining provisions
shall not in any way be affected or impaired.
16. Governing Law. This Environmental Covenant shall be governed by and
interpreted in accordance with the laws of the state of Iowa.
17. Recordation. Within thirty (30) days following execution of this Environmental
Covenant by all parties hereto, Grantor shall properly record this Environmental Covenant with
the Dubuque County, Iowa, Recorder's Office.
6
18. Effective Date. The effective date of this Environmental Covenant shall be the date
upon which the fully executed Environmental Covenant has been properly recorded with the
Dubuque County, Iowa, Recorder's Office.
19. Notice. Unless otherwise notified in writing by an Agency, any document or notice
required by this Environmental Covenant shall be submitted to:
EPA
Director, Superfund Division
U.S. Environmental Protection Agency, Region VII
11201 Renner Blvd.
Lenexa, Kansas 66219
IDNR
Iowa Department of Natural Resources
Contaminated Site Section Supervisor
Wallace State Office Building
502 E. 9th Street
Des Moines, IA 50319
Holder
MidAmerican Energy Company
Attn: Environmental Services
PO Box 657
Des Moines, IA 50306-0657
20. Subordination and Consent. By signing this Environmental Covenant, the
signatories knowingly and intelligently acknowledge their consent to the terms of this
Environmental Covenant and agree to subordinate their interest in the Property thereto.
21. Signature. This Environmental Covenant may be signed in counterpart.
[Signature Pages to Follow]
7
GRANTOR/GRANTEE/HOLDER:
September 8, 2015
State of Iowa
) SS:
County of Dubuque
City of Dubuque, Iowa
By: Kevin S., Firnstahl
Title: City Clerk
On this 8th day of September, 2015 before me, personally appeared Roy D. Buol and
Kevin S. Firnstahl to me personally known, and, who, being by me duly sworn, did say that they
are the Mayor and City Clerk, respectively, of the City of Dubuque, Iowa; that the seal affixed to
the foregoing instrument is the corporate seal of the corporation, and that the instrument was
signed and sealed on behalf of the corporation, and by authority of its City Council, as contained
in Resolution No. 315-15 on the 8th day of September, 2015, and that Roy D. Buol and Kevin S.
Firnstahl acknowledged the execution of the instrument to be their voluntary act and deed and
the vo;, tary act and d„ged of the corporation, by it voluntarily executed.
Notary Public, State of
8
wP
PAMELA J. MCCARRON
Commission Nu ber 772419
My Comm. Exp. —261
HOLDER:
MIDAMERICAN ENERGY COMPANY
Atit, I , 2015
State of
) SS:
County of1124/044_,Intie )
By:
Title:
thisC,f��', 2015, before me personally appeared
C day of ��` �� '
191c. , who being duly sworn, did say that they are the
lict Ys of the corporation, that (the seal affixed to said
instrument is the seal of said corporation or no seal has been procured by said corporation) and
that the instrument was signed and sealed on behalf of said corporation by authority of its board
of directors d that the said officers acknowledge the execution of said instrument to be the
voluntary . and deed of said corporation by them voluntarily executed.
Notary Public, State of t004.,.,_._ _:
TAMMI R LEAR
Commission Number 772443
My Commission Expires
April 5, 2018
9
AGENCY:
U.S. ENVIRONMENTAL PROTECTION AGENCY
State of Kansas )
SS:
County of Johnson
, 2015
Q P
By: Mary Iv Peterson, Director
Superfund Division
U.S. EPA, Region VII
On this day of � �� , 2015, before me personally appeared
Mary P. Peterson, the Director o the Superfund Division of Region VII of the U.S.
Environmental Protection Agency, who being duly sworn, did sign this Environmental Covenant.
Notary Publ', State of Kansas
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HOARY PUBLIC • Stat of Kansas
MILADY R, PETERS
My Appt. Expires .1' l8--
EXHIBIT A
Lot 2 of Lot 1 of Lot 2 of City Lot 504,
Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Out Lot 507,
Lot 2 of Lot 3 of Lot 2 of City Lot 504,
Lot 2 of Out Lot 507,
That portion of Cedar Street from East Tenth St. to East Eleventh Street which has been vacated,
Lot B of Vacated East Tenth Street,
Lot 1 of Lot 2 of Lot 1 of Lot 1 of Lot 1 of Out Lot 507, except the Westerly 100 feet of Out Lot
507,
Lot 2 of Lot 2 of Lot 2 of Lot 1 of Lot 1 of Congressional Lot 8 in Section 19, Township 89
North, Range 3 East of the 5th P.M.,
Lot 1 of Lot 2 of Lot 1 of Lot 1 of Congressional Lot 8 in Section 19, Township 89 North, Range
3 East of the 5th P.M.,
Lot 1 of Lot 1 of Lot 2 of Lot 1 of Congressional Lot 8 in Section 19, Township 89 North, Range
3 East of the 5th P.M.,
Lot 1 of Lot 2 of Lot 2 of Lot 1 of Congressional Lot 8 in Section 19, Township 89 North, Range
3 East of the 5th P.M.,
Lot 2 of Lot 2 of Lot 2 of Lot 1 of Congressional Lot 8 in Section 19, Township 89 North, Range
3 East of the 5th P.M.,
City Lot 503,
Lot 1 of Lot 1 of Lot 2 of Congressional Lot 8 in Section 19, Township 89 North, Range 3 East
of the 5th P.M.,
Lot 2 of Lot 1 of Lot 2 of Congressional Lot 8 in Section 19, Township 89 North, Range 3 East
of the 5th P.M.,
Lot 2 of Lot 1 of Lot 2 of Lot 1 of Congressional Lot 8 in Section 19, Township 89 North, Range
3 East of the 5th P.M.,
All that part of Block 7 in River Front Subdivision No. 2 lying South of the Easterly Extension
of the South Right of Way line of East 1 lth St. and West of the Southerly Extension line of Lot
502A,
A portion of the South half of the East 1 lth Street right of way bounded on the West by the
Northerly Extension of the West line of Lot 2 of Lot 1 of Lot 2 of City Lot 504 and bounded on
the East by the Northerly Extension of the Easterly line of Lot 2 of Lot 1 of Lot 2 of
Congressional Lot 8 in Section 19, Township 89 North, Range 3 East of the 5th P.M.,
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EXHIBIT B
List of Contaminants of Concern
1. Polynuclear aromatic hydrocarbons (PAHs)
2. Benzene
3. Toluene
4. Ethylbenzene
5. Xylenes
01148384-1\10422-096
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