Dbq Ind. Ctr West CovenantsMEMORANDUM
April 9, 2002
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council Members
Michael C. Van Milligen, City Manager
Amended and Restated Declaration of Covenants for the Dubuque
Industrial Center West
Economic Development Director Bill Baum is recommending adoption of the amended
and restated Declaration of Covenants for the Dubuque Industrial Center West so as to
now include the industrial park property platted west of Seippel Road.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
William Baum, Economic Development Director
CITY OF DUBUQUE, IOWA
MEMORANDUM
April 8, 2002
TO:
FROM:
SUBJECT:
Michael Van Milligen, City Manager
William Baum, Economic Development Director
Amended and Restated Declaration of Covenants for the Dubuque
Industrial Center West
Introduction
This memorandum transmits for City Council review and adoption an amended and
restated Declaration of Covenants for the Dubuque Industrial Center West. A copy of
the proposed amended covenants is attached.
Discussion
The proposed amendment will make Dubuque Industrial Center West property located
west of Seippel Road that was recently platted as part of the sale of property to
Interstate Power and Light Company subject to the covenants. The language in the
covenants has not changed except to add the additional property. Article II of the
covenants allows for additional land to become subject to the covenants.
The covenants protect the public interest while providing clear parameters for
ownership and development of property in the industrial park. The covenants can be
amended over time, with City approval of any amendment. The covenants are in effect
for 21 years, renewable for 21 additional years.
Recommendation
I recommend that the amended and restated covenants, as presented, be adopted by
the City Council to include the industrial park property now platted west of Seippel
Road.
Action Step
The action step for the City Council is to adopt the amended and restated Declaration
of Covenants for the Dubuque Industrial Center West and authorize the Mayor and City
Clerk to sign on behalf of the City of Dubuque.
attachment
Prepared b~ Barry A. Lindahl 300 Main Street, Suite 330 ~ ~buque, Io~a 52001 Phone:563-583-4113
DUBUQUE INDUSTRIAL CENTER WEST
STATE OF IOWA
} ss:
COUNTYOF DUBUOUE }
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, EASEENTS, LIENS AND CHARGES on this
BACKGROUND
City is the owner of certain property in Dubuque, County of Dubuque, State of Iowa,
which is described as Dubuque Industrial Center West Lots 1,2, 3, 4, A, B, C, and
D.
City has caused the Plat of said subdivision to be recorded as Instrument No.
17453-99 on November 16, 1999 in the office of the County Recorder of Dubuque
County, Iowa.
P~el
DECLARATION
The following provisions are set forth to guide the initial development and
provide a format for the ongoing management of Dubuque Industrial Center West.
It is the objective of these provisions to set forth minimum standards and restrictions
to create an industrial center that emphasizes the general appearance and
aesthetics of the center. Specifically, these provisions intend to emphasize a
continuity and compatibility of exterior appearance through building facades,
landscaping and other exterior features.
City hereby declares that all of the Properties described herein shall be held,
sold and conveyed subject to the following covenants, conditions, restrictions,
reservations, easements, liens and charges, all of which are for the purpose of
enhancing and protecting the value, desirability and attractiveness of said real
property. These covenants, conditions, restrictions, reservations, easements, liens
and charges shall run with the land and shall be binding on all parties having or
acquiring any right, title or interest in the Properties herein described or any part
thereof, and shall inure to the benefit of each owner thereof.
ARTICLE I. DEFINITIONS
Section 1. "Properties" shall mean and refer to each and every parcel, and
all portions thereof, of the real property herein before described and such additions
thereto as may be hereafter added.
Section 2. "Lot" shall mean and refer to any plot of land, except Public
Areas and public rights-of-way, shown upon any recorded Subdivision Plat of the
Properties.
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.
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Section 4. "Public Areas" shall mean and refer to the landscaped areas,
recreational trail, park lands and lake areas as identified by the exhibit attached and
hereby made a part of this Declaration the ownership of which shall be retained by
the City of Dubuque. The Public Areas shall be open to the public for the use and
enjoyment of the public.
ARTICLE II. ANNEXATION OF ADDITIONAL PROPERTY
At any time within twenty-five (25) years from the date hereof, City may, by
instrument duly executed and recorded, add additional land to the Properties.
ARTICLE III. PUBLIC AREAS
City shall cause the construction of such improvements as City deems
appropriate in the Public Areas. Maintenance and repair of the Public Areas and its
improvements shall be the responsibility of City with fifty percent (50%) of costs of
such maintenance and repair assessed to and paid by the Owners. Private
connections to the Public Areas and the subsequent maintenance and repair of
such pdvate 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
ann ual assessment for the purpose of paying fifty percent (50%) of the actual costs
of Cityrls maintenance and repair of the Public Areas and the actual costs
associated with maintaining and lighting the park entrance signs. Said assessment
may also include the establishment of a capital improvements reserve fund for such
purposes. Upon establishment of such assessment levy, each Owner shall pay to
City a pre rata share (as hereinafter defined) of such assessment levy.
Section 2. If such pre rata share is not paid within thirty (30) days after its
due date, the amount of such pre 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 Cityl'ls costs and reasonable attomey'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 OwnerFis pre rata share shall be equal to a fraction, the
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numerator of which shall be the gross square feet area of the Lot or Lots owned by
the Owner and the denominator of which shall be the gross square feet area of the
Properties exclusive of the Public Areas and public rights-of-way.
ARTICLE V. ARCHITECTURAL CONTROL
Section 1. General Requirements. No building, fence, wall or other
structure, including signage, shall be commenced, or erected upon any Lot nor shall
any exterior addition to or change or alteration therein be made nor shall any
landscaping be performed nor shall any filling, grading or excavation be
commenced until the plans and specifications showing the nature, kind, shape,
height, materials, colors and location of the same shall have been submitted to and
approved in writing by the City Manager as to harmony of external design and
location in relation to surrounding structures and topography.
Section 2. Construction Materials. The use of appropriate exterior
building materials shall be required to enhance the overall appearance of Dubuque
Industrial Center West. One or more of the following durable, high quality materials
shall be used as the construction material of all exterior building walls or structures:
brick, stone, concrete panels, textured concrete block, fascia glass, architectural
metal, exterior insulating finish systems (EIFS), wood or other approved material.
Section 3. Landscaping Features. Landscape plans shall be reviewed bythe City
Manager to ensure a compatible design that relates the new development to its
surroundings, including its relationship to adjoining private Lots and Public Areas.
The Planned Unit Development (PUD) ordinance for the Dubuque Industrial Center
West provides for minimum landscaping requirements; however, approval of a plan
may require additional landscaping elements to be incorporated in the planting
scheme based on the specific Lot location, type and location of structures on the Lot
or adjacent developments.
Section 4. Exterior Storage. The requirements of the PUD ordinance for
the Dubuque Industrial Center West shall be controlling.
Section 5. Postal Service. A centralized postal delivery station will be
installed in the Public Areas to provide individual mail boxes for businesses located
in the Dubuque Industrial Center West. No other mail box or receptacle of any kind
shall be allowed on any Lot or upon the public right-of-way.
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ARTICLE VII. GENERAL PROVISIONS
Section 1. It shall be the responsibility of each Owner to maintain and repair
public sidewalk surfaces on the Ownerris 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 enfome, by any proceeding at law or in
equity, all restrictions, conditions, covenants, reservations, easements, liens and
charges now or hereafter imposed pursuant to the provisions of this Declaration.
Failure by City to enforce any of said covenants or restrictions shall not be deemed
a waiver of the right to do so thereafter, nor shall it be construed as an act of
acquiescence or approval on the part of City.
Section 5. Invalidation of any one of the provisions of this Declaration by
court judgment or order shall neither effect nor invalidate any other provision, and
the same shall remain in full force and effect.
Section 6. Any firm, person, corporation or other entitywhich shall succeed
to title to any Lot through foreclosure of a mortgage or other security instrument or
through other legal proceedings, shall succeed to the rights, duties and liabilities of
the previous Owner as herein provided.
Section 7. The covenants and restrictions of this Declaration shall run with
the land and shall inure to the benefit of and be enforceable by City, or the Owner of
any Lot subject to this Declaration, the Ownerrls legal representatives, heirs,
successors and assigns, for a term of 21 years from the date of the recording of this
Declaration. The City or any other interested party may, prior to the expiration of
these covenants, file a verified claim pursuant to Iowa Code Section 614.24 to
extend these covenants for an additional 21 years.
Section 8. This Declaration may be amended by an instrument signed by
City and Owners of not less than 80 percent of the Properties by area. Any
instrument amending, modifying or canceling this Declaration shall not take effect
until its recording.
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Section g. 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.
CITY Of DUBUQUE, IOWA
By:
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
ACCEPTANCE OF DECLARATION OF COVENANTS, CONDITIONS,
RESTRICTIONS, RESERVATIONS, EASEMENTS, LIENS AND CHARGES
Interstate Power Company, being the holder of a morl on u( ue
Industrial Center West Lots, 1, 2, 3, 4, A, B, C, and D
to the City of Dubuque dated the 15th day of July, 1999,
recorded on the 15th day of July, 1999, as Instrument No. 11671-99 in the office of
the County Recorder of Dubuque County, Iowa, hereby accepts and consents to the
foregoing Declaration of Covenants, Conditions,
Restrictions, Reservations, Easements, Liens and Charges and subordinates said
mortgage to said Declaration.
By: Dated:
for interstate Power and Light Company
Created on 4/9/2002 10:46 AM
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