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Home My WebLink AboutEPA-Chamberlain Manufacturing Corp-Environmental Covenant-5/4/2020Type/Title of Document Return Document to Preparer Information: Environmental Covenant Martin M. Peterson City Attorney City of Waterloo, Iowa 715 Mulberry Street Waterloo, Iowa 50703 Eric J. Johnson Beecher Law Firm P. O. Box 178 Waterloo, Iowa 50704-0178 Grantor: City of Waterloo, Iowa 715 Mulberry Street Waterloo, Iowa 50703 Holder: Chamberlain Manufacturing Corporation c/o The Duchossois Group, Inc. 444 W. Lake Street Chicago, Illinois 60606 Attention: VP/General Counsel Legal Description: Legal Descriptions in the "Legal Description Attachment", attached hereto. 1 IOWA CONTAMINATED SITE ENVIRONMENTAL COVENANT This environmental covenant ("Environmental Covenant") is established pursuant to Iowa Code ("IC") Chapter 4551, entitled the "Uniform Environmental Covenants Act." The City of Waterloo, Iowa ("Grantor"), the United States Environmental Protection Agency, Region 7 ("Agency" or "EPA"), and Chamberlain Manufacturing Corporation ("Holder" and, collectively with Grantor and Agency, "Signatories") enter into this Environmental Covenant for the purpose of subjecting the affected property (the "Property," as hereinafter defined) to certain activity and use limitations (the "AULs", as set forth in Section 6 below) in accordance with the terms and conditions as specified in and the authorities granted by IC Chapter 455I. 1. Affected Property. The Grantor is the fee simple owner of the real property located at 550 Esther Street, Waterloo, Iowa (the "Property"). The Property is legally described on Exhibit A, incorporated by reference and attached hereto. For purposes of this Environmental Covenant, "Property" shall include any portion thereof. 2. Risk Management and Institutional Controls. Holder has performed inter alia soil and groundwater investigations and a risk assessment in accordance with the Unilateral Administrative Order: In the Matter of Chamberlain Manufacturing Corporation, Docket No. RCRA-07-2010-002 and Docket No. CERCLA-07-2010-0005 issued by EPA and filed on April 20, 2010 (the "UAO"). Notwithstanding EPA's review and approval of Holder's work on the Property pursuant to the UAO, EPA believes that the residual contamination on the Property may continue to present an unreasonable risk to human health and the environment if certain activities or uses occur on the Property. Accordingly, EPA has determined that this Environment Covenant is necessary to manage the risk of future exposures to the contamination through implementation of certain AULs on the Property and by establishing certain affirmative obligations related thereto, as set forth in this Environmental Covenant. The location of any and all EPA final agency action decision documents for the above UAO and any other environmental response project documents reflected in this Environmental Covenant related to the Property are identified and located at the EPA Records Center, 11201 Renner Boulevard, Lenexa, Kansas 66219. 3. Identity of Grantor, A�ency and Holder. GRANTOR: City of Waterloo 715 Mulberry Street Waterloo, Iowa 50703 AGENCY: United States Environmental Protection Agency Region 7 11201 Renner Boulevard Lenexa, Kansas 66219 HOLDER: Chamberlain Manufacturing Corporation 444 West Lake Street Chicago, Illinois 60606 4. Representations and Warranties. The Grantor represents and warrants to the other Signatories to this Environmental Covenant that: a. The Grantor is the sole fee simple owner of the Property; b. Holder is a "holder", as defined by and meeting the requirements of IC §§ 455I.2.7 and 4551.3.1; c. The Grantor and Holder are parties to a September 25, 2017 Access Agreement ("Access Agreement", incorporated by reference and attached hereto as Exhibit B) regarding the Property, which remains in full force and effect; d. The Grantor holds sufficient fee ownership to the Property and Holder has sufficient interest in the Property to grant the rights and interests described in this Environmental Covenant free of any conflicting legal and equitable claims; and e. The Grantor has searched for and has not identified any other person or entity that holds any legal or equitable interest in the Property, including, but not limited to any: Contract buyers, easement holders, mortgage holders, other consensual lienholders, statutory lien holders, tax lien holders or lessees. 5. Running with the Land. This Environmental Covenant is perpetual and runs with the land as provided in IC § 455I.9 until terminated, as provided for herein or as otherwise allowed by IC § 4551.10. The terms of this Environmental Covenant are binding on the Grantor, Agency, and Holder and all successors in interest, assigns and all Transferees (as hereinafter defined) 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. 6. Activity and Use Limitations. The Property is subject to the following AULs: a. Well Prohibition. Installation of new groundwater wells for extraction and use of groundwater on the Property is prohibited, except for wells used for investigative, monitoring and/or remediation purposes installed in accordance with a work plan approved by EPA. For the avoidance of doubt, no drinking water or non -drinking water wells, as defined in Rule 567 of the Iowa Department of Natural Resources ("IDNR"), Iowa Administrative Code 135.2, and as subsequently amended, shall be installed within the boundaries of the Property. For purposes of reference, drinking water well means: "Any groundwater well used as a source for drinking water by humans and groundwater wells used primarily for the final production of food or medicine for human consumption in facilities routinely characterized with the Standard Industrial Codes (SIC) group 283 for drugs and 20 for foods." Non -drinking water well means: 4any groundwater well (except an extraction wells used as part of a remediation system) not defined as a drinking water well including a groundwater well which is not properly plugged in accordance with department rules in 567, Chapters 39 and 49." b. Disturbance of Soil. Based on reports on file at EPA's offices at 11201 Renner Boulevard, Lenexa, Kansas 66219, including but not limited to Administrative Record # 2138 Chamberlain Manufacturing, the contaminants of concern remaining at the Property (including the contaminants identified in the UAO and the Corrective Measures Study for the Property prepared by Ramboll US Corporation dated January 2016/Revised June 2016) may exceed EPA's and IDNR's standards for construction worker exposure, but do not pose a significant current or future risk to human health or the environment with respect to uses of the Property so long as the soil is not disturbed such that any significant exposure may result. Therefore, soil at the Property shall not be excavated or otherwise disturbed in any manner, except for minor excavations (surface to 18 inches in depth) without the prior written approval of EPA. If Grantor or its Transferee desires to disturb soil more than 18 inches in depth at the Property, then such Grantor or its Transferee shall submit a notification to EPA at least 30 days before the soil disturbance activities are scheduled to begin. Based on the potential hazards associated with the soil disturbance activities, EPA may within said thirty (30) days grant permission to disturb said soils and said permission shall not be unreasonably withheld. If based upon potential hazards associated with the soil disturbance activities, EPA conditionally denies the request to disturb the soils, EPA may condition the soil disturbance activities by requiring specific protective or remedial actions before allowing such soil disturbance, which protective or remedial actions shall be at the sole cost and expense of the party submitting the notification. Such requirements will not be unreasonably imposed by EPA. Contaminated soil may be disturbed if necessary during an emergency (such as water or gas main break, fire, explosion, or natural disaster), in which case Grantor or its Transferee shall ensure that notification is provided to EPA orally or in writing as soon as practicable, but no later than 48 hours after the disturbance begins. At the sole cost and expense of the party disturbing the soil, any contaminated soil disturbed as part of an emergency action must be returned to its original location and depth, or properly characterized, managed and disposed of, in accordance with all applicable local, state, and federal requirements. Within 30 days after such emergency has been abated, the Grantor or its Transferee shall provide a written report to EPA describing such emergency and any response actions. c. Construction Worker Notice. In the event that construction or excavation work is to be performed that may expose workers to contaminated soil on the Property, Grantor or its Transferee shall ensure that actual notice is provided in advance, both orally and in writing, to any person or entity performing any work that will or is likely to result in exposure to such soil, so that appropriate protective measures are taken to protect such workers' health and safety in accordance with applicable health and safety laws and regulations. Such notice shall include, but not be limited to, providing a copy of this Environmental Covenant to any individuals conducting or otherwise responsible for the work. Grantor or its Transferee shall maintain copies of any such written notice for a period of at least 3 years, and shall provide copies of such records to EPA upon its request. 0 d. Vapor Intrusion. Prior to the commencement of construction, the Grantor or its Transferee, at its sole cost and expense, shall cooperate with EPA so that EPA can evaluate the need for vapor barriers and vapor intrusion mitigation systems with respect to any future buildings constructed on the Property in order to address potential exposures through vapor intrusion until such time as groundwater concentrations have decreased to levels that no longer pose a vapor intrusion threat. EPA evaluation will not be required on future construction with planned vapor intrusion mitigation systems and vapor barriers. Should EPA determine that vapor intrusion may pose a potential threat to occupants of a planned building, a vapor barrier and vapor intrusion mitigation systems will be installed on such building at the sole cost and expense of Grantor or its Transferee. In addition, an indoor air vapor intrusion mitigation system monitoring plan subject to EPA approval will be developed and implemented for the building at the sole cost and expense of Grantor or its Transferee. e. Groundwater Monitoring Wells. Any activity is prohibited that would interfere with the function of or obstruct access to any groundwater monitoring wells, vapor pins and/or monitoring devices located on the Property. This includes, but is not limited to, removing, destroying, or altering any well or device in any way that renders it inoperable or incapable of functioning as intended. At the sole cost of Grantor or its Transferee and with the prior written consent of Holder, monitoring devices may be properly abandoned, replaced, or relocated as necessary with prior EPA approval and in accordance with appropriate state and federal regulation. If replaced or relocated, the former monitoring device and/or well should be abandoned to avoid a conduit for contamination. f. No Contrary Zoning or Easements. Grantor shall not zone the Property in a manner inconsistent with any AUL. Neither Grantor nor any Transferee shall grant any easements that are contrary to the AUL. 7. Notice of Non -Compliance. The Grantor or subsequent Transferee of an interest in the Property shall notify EPA and Holder as soon as possible of any actions, inactions or conditions which would or could constitute a breach of any AUL. 8. Notice to Transferees/Lessees. Grantor and any Transferee or lessee shall incorporate this Environmental Covenant in full in any deed, lease, license or other instrument granting a right to ownership or possession of the Property and the Transferee shall agree in writing to be bound thereby. 9. Notice of ChanEe in Ownership. Grantor and any Transferee shall notify, in writing, EPA, IDNR and Holder at least 30 days prior to any future transfer of title to, or change in ownership of, the Property. 10. Access to Property. In addition to Holder's rights provided by the Access Agreement, the Grantor grants reasonable access to the Property by EPA, Holder, IDNR and any authorized representatives of the foregoing parties, for the purpose of implementation, monitoring and enforcement of the terms of this Environmental Covenant or to conduct any necessary remediation, investigation or monitoring activities with respect to the environmental condition of the Property. EPA, IDNR, Holder, their authorized representatives or other persons entitled to access shall provide the current owner of the Property with reasonable notice, an explanation of the reasons for entry and the scope of onsite activities prior to access. EPA, Holder or the Grantor shall have the right, but not the obligation, to conduct the following activities: a. Repair and maintenance of remedial action equipment, soil caps, groundwater monitoring wells and associated aboveground or subsurface structures; b. Fencing and other technological controls; c. Groundwater sampling and monitoring; d. Additional drilling; e. Construction of soil boring and/or groundwater monitoring wells; and f. Such other activities authorized or directed by EPA. 11. Groundwater Hazard Statement Notice. IC § 558.69 requires submission of a groundwater hazard statement and disclosure if "hazardous waste" exists on the Property as defined in IC § 455B.411(3) or if the IDNR 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 IDNR rules. The Signatories and all subsequent Transferees required to submit a groundwater hazard statement under IC § 558.69 shall make reference to this Environmental Covenant in substantially the following form —filling in the blanks with the relevant and applicable details: THE INTEREST CONVEYED IS SUBJECT TO AN ENVIRONMENTAL COVENANT, DATED (date), RECORDED IN THE DEED OR OFFICIAL RECORDS OF THE BLACK HAWK COUNTY RECORDER ON [DATE] IN (document, book and page, or parcel number). THE ENVIRONMENTAL COVENANT CONTAINS THE FOLLOWING ACTIVITY AND USE LIMITATIONS: a. Well Prohibition. Installation of new groundwater wells for extraction and use of groundwater on the Property is prohibited, except for wells used for investigative, monitoring and/or remediation purposes installed in accordance with a work plan approved by EPA. For the avoidance of doubt, no drinking water or non -drinking water wells, as defined in Rule 567 of the Iowa Department of Natural Resources ("IDNR"), Iowa Administrative Code 135.2, and as subsequently amended, shall be installed within the boundaries of the Property. For purposes of reference, drinking water well means: "Any groundwater well used as a source for drinking water by humans and groundwater wells used primarily for the final production of food or medicine for human consumption in facilities routinely characterized with the Standard Industrial Codes (SIC) group 283 for drugs and 20 for foods." Non -drinking water well means. any groundwater well (except an extraction wells used as part of a remediation system) not defined as a drinking water well including a groundwater well which is not properly plugged in accordance with department rules in 567, Chapters 39 and 49." b. Disturbance of Soil. Based on reports on file at EPA's offices at 11201 Renner Boulevard, Lenexa, Kansas 66219, including but not limited to Administrative Record # 2138 Chamberlain Manufacturing, the contaminants of concern remaining at the Property (including the contaminants identified in the UAU and the Corrective Measures Study for the Property prepared by Ramboll US Corporation dated January 2016/Revised June 2016) may exceed EPA's and IDNR's standards for construction worker exposure, but do not pose a significant current or future risk to human health or the environment with respect to uses of the Property so long as the soil is not disturbed such that any significant exposure may result. Therefore, soil at the Property shall not be excavated or otherwise disturbed in any manner, except for minor excavations (surface to 18 inches in depth) without the prior written approval of EPA. If Grantor or its Transferee desires to disturb soil more than 18 inches in depth at the Property, then such Grantor or its Transferee shall submit a notification to EPA at least 30 days before the soil disturbance activities are scheduled to begin. Based on the potential hazards associated with the soil disturbance activities, EPA may within said thirty (30) days grant permission to disturb said soils and said permission shall not be unreasonably withheld. If based upon potential hazards associated with the soil disturbance activities, EPA conditionally denies the request to disturb the soils, EPA may condition the soil disturbance activities by requiring specific protective or remedial actions before allowing such soil disturbance, which protective or remedial actions shall be at the sole cost and expense of the party submitting the notification. Such requirements will not be unreasonably imposed by EPA. Contaminated soil may be disturbed if necessary during an emergency (such as water or gas main break, fire, explosion, or natural disaster), in which case Grantor or its Transferee shall ensure that notification is provided to EPA orally or in writing as soon as practicable, but no later than 48 hours after the disturbance begins. At the sole cost and expense of the party disturbing the soil, any contaminated soil disturbed as part of an emergency action must be returned to its original location and depth, or properly characterized, managed and disposed of, in accordance with all applicable local, state, and federal requirements. Within 30 days after such emergency has been abated, the Grantor or its Transferee shall provide a written report to EPA describing such emergency and any response actions. c. Construction Worker Notice. In the event that construction or excavation work is to be performed that may expose workers to contaminated soil on the Property, Grantor or its Transferee shall ensure that actual notice is provided in advance, both orally and in writing, to any person or entity performing any work that will or is likely to result in exposure to such soil, so that appropriate protective measures are taken to protect such workers' health and safety in accordance with applicable health and safety laws and regulations. Such notice shall include, but not be limited to, providing a copy of this Environmental Covenant to any individuals conducting or otherwise responsible for the work. Grantor or its Transferee shall maintain copies of any such written notice for a period of at least 3 years, and shall provide copies of such records to EPA upon its request. d. Vapor Intrusion. Prior to the commencement of construction, the Grantor or its Transferee, at its sole cost and expense, shall cooperate with EPA so that EPA can evaluate the need for vapor barriers and vapor intrusion mitigation systems with respect to any future buildings constructed on the Property in order to address potential exposures through vapor intrusion until such time as groundwater concentrations have decreased to levels that no longer pose a vapor intrusion threat. EPA evaluation will not be required on future construction with planned vapor intrusion mitigation systems and vapor barriers. Should EPA determine that vapor intrusion may pose a potential threat to occupants of a planned building, a vapor barrier and vapor intrusion mitigation systems will be installed on such building at the sole cost and expense of Grantor or its Transferee. In addition, an indoor air vapor intrusion mitigation system monitoring plan subject to EPA approval will be developed and implemented for the building at the sole cost and expense of Grantor or its Transferee. e. Groundwater Monitoring Wells. Any activity is prohibited that would interfere with the function of or obstruct access to any groundwater monitoring wells, vapor pins and/or monitoring devices located on the Property. This includes, but is not limited to, removing, destroying, or altering any well or device in any way that renders it inoperable or incapable of functioning as intended. At the sole cost of Grantor or its Transferee and with the prior written consent of Holder, monitoring devices may be properly abandoned, replaced, or relocated as necessary with prior EPA approval and in accordance with appropriate state and federal regulation. If replaced or relocated, the former monitoring device and/or well should be abandoned to avoid a conduit for contamination. f. No Contrary Zoning or Easements. Grantor shall not zone the Property in a manner inconsistent with any AUL. Neither Grantor nor any Transferee shall grant any easements that are contrary to the AUL. 12. Amendment and Termination. This Environmental Covenant shall only be amended or terminated as provided by IC § 455I.10 and effective upon the document evidencing the consent of the amendment or termination properly recorded in the Black Hawk County Recorder's Office. if not by consent, any modification or termination of this Environmental Covenant shall be in accordance with IC § 4551.9 and such additional terms as specified in this Environmental Covenant. 13. Enforcement. This Environmental Covenant may be enforced: (a) in a civil action for injunctive or other equitable relief by any of the Signatories and those persons authorized by, and in accordance with, IC § 4551.11; and/or (b) by any other actions provided for by local, state or federal law. Additionally, the Signatories to this Environmental Covenant expressly grant to IDNR the power to enforce this Environmental Covenant. A failure by any party to timely enforce compliance with all or any portion of this Environmental Covenant shall not bar subsequent enforcement by the party and shall not be deemed a waiver of the party's right to take action to enforce any non-compliance. 14. 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 of this Environmental Covenant shall not be in any way affected or impaired. 15. Governing Law. This Environmental Covenant shall be governed by and interpreted in accordance with the laws of the State of Iowa. 16. Recordation. Grantor shall record this Environmental Covenant in the same manner as a deed to the Property with the Black Hawk County Recorder's Office within ten (10) days after its execution by its last Signatory. 17. Effective Date. This Environmental Covenant is effective and legally enforceable by any Signatory on the date of its execution by its last Signatory. 18. Notice. A Notice required or allowed by this Environmental Covenant shall be effective upon its delivery by U. S. Mail, Certified Receipt Requested, or by a receipt from an overnight courier confirming the delivery of the Notice. Unless the other Signatories are notified in writing by a Signatory of a change to whom a notice shall be given, any document or communication related to or required by this Environmental Covenant shall be submitted to: Mayor Quentin Hart City of Waterloo, Iowa 715 Mulberry Street Waterloo, IA 50703 Mr. Bruce Morrison Project Coordinator LCRD/ROAG United States Environmental Protection Agency Region 7 11201 Renner Blvd Lenexa, KS 66219 Eric Reeves Vice President and General Counsel Chamberlain Manufacturing Corporation 444 West Lake Street Chicago, IL 60606 19. No Third Party Beneficiaries. The provisions of this Environmental Covenant are for the sole benefit of the Signatories and their successors and permitted assigns, and the provisions shall not be construed as conferring any rights to any other person or entity. 20. Singular and Plural. As the context of this Environmental Covenant may require, words in the singular may include the plural and words in the plural may include the singular. ACKNOWLEDGMENTS GRANTOR City of Waterloo, Iowa 715 Mulberry Street Waterloo, Iowa 50703 Quentin M. Hart Mayor, City of Waterloo, Iowa Date: /k/f, �. e State of Iowa) County of Black Hawk) ss. On this S day of - , 2020, before me personally appeared Quentin M. Hart, who being duly sworn, did say that he is the Mayor of the City of Waterloo and that the instrument signed on behalf of the City of Waterloo by authority of its City Council and that he acknowledged the execution of said instrument to the be voluntary act and deed of the City of Waterloo and by him voluntarily executed. /A Notary Public tbmmmmon Numbar j MyCammtssion G:� , _= AGENCY: DeAndre Singletary Director, Land, Chemical & Redevelopment Division United States Environmental Protection Agency, Region 7 Date: State of Kansas) County of Johnson) ss. On this day of , 2020, before me personally appeared DeAndre Singletary, who being duly sworn, did say that he/she is the Director of the Land, Chemical & Redevelopment Division, United States Environmental Protection Agency, Region 7, or the lawful designee of the Director, and that he acknowledged the execution of said instrument to the be voluntary act and deed of the United States Environmental Protection Agency, and by him/her voluntarily executed. Notary Public 11 HOLDER: Chamberlain Manufacturing Corporation Eric A. Reeves Vice President and General Counsel Chamberlain Manufacturing Corporation Date. 3/20/20 State of Illinois) County of Cook) ss. On this 20 day of March , 2020, before me personally appeared Eric A. Reeves, who being duly sworn, did say that he is the Vice President and General Counsel of Chamberlain Manufacturing Corporation and that the instrument signed on behalf of Chamberlain Manufacturing Corporation and that he acknowledged the execution of said instrument to the be voluntary act and deed of the Chamberlain Manufacturing Corporation, and by him voluntarily executed. Notary Public // E•ajrY, r teuo Official seal ata[e Of Jj1JR0I5 Exptres Jan 3 it 2a23 12 Exhibit A Lermal Description 13 EXHIBIT A 50 Esther Street., Waterloo, Iowa, legal l f oesc;ri Deci as parcel Qf land located in parts 01 1310 S' NO�s I 't.:#. t. 1I �: (, Logan: z t,:t'ec: tIle City of Waterloo, Iowa, Blocks Nos, 10, 11, 1 \ 3rtdr l#�,;I E td tt>rr;af I'l<?s;i: ,.} t.�c t tt}` tFl �atd rl+£?, loge, l3l.ocl: t*dtF. rs, l,'flt€h ��'aterloca f'fat:; att <3:€tliiid?Jt tiF Estt t z y` t2t l`its t +;it?t :1x1<tY the Southwest Quarter of Section No, 13, Towns ill ;` o 891N'onl?:.I�.,£t gkt:Nmo 11S. �X`c'm of'tt;t r fth l'rirtcipal .tyleridian in the City of Waterloo, Black llau k County Iowa, and vacated streets aAd alleam ys all lc)cated in Waterloo, Black l?au+k County, Iowa, described as iollom: 131I VIM NO1 1{j i?I Said .l.vo&zw D aN I t ciraltt� _ :.theFzd � �Ft}tt} v£? 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I fd:E € to i a t fh 1 *tstu ly ltf.w of" theijiC' North 0() s it ��F�: d'4 # 3:}?ttr�3tc. ? 3 : C L s3t?d�� N e= t: <4loag €hii I :ra iterly i Etw> Of E&S(w l:OU41-1 Suit t ax duA4xtat i O( 19.8,M fwt ti)tk e lgt)t tl.Jbvt"st d tag°ttt<# sFC I..tit'i f0, d}, I3lte~I: N ?. I 1 of said "Lo, tt}. Dale k ;'gats"; tea....Frao-d� e}. of 119.*W'34 feet to the Northeast cornw :rapt tot Nip«: c? Blook No., l € o:i :��i�1 t:si� Ord l:) iti=1�d 6I3Cs,'; thence South 00 degrees 13 minutes 20 seconds Wf.st to distttrrr.:l�of 1498t1.t�:cf tt? tits ScFa tho-t st clfarller of Lot No. 7; Block NO,, 11. of said sl a £gars 1.?�Jlo 14401€,t`t# 7" tlxo€tF. a;.t South ,le} £lt �=J set , 2 nti.ttMes 4 7 seconds Fast a drsttance of 14.00 fua to tlik: pit?udc AN st c:r?rt r <4" I of No. 6 Block. o, l I of st?zdt ?Lttg, ttF. l.,ale l%kit;t£#s"V'the lice North ti€# de t;f 3 4 8 t =tst to €11� SoudimNst z:onols.r of List No, 8, I; to k ,si. "I::tt{ aJ:} t:?,tl. i?��tt<its thence forth 89 degrees 47 trFinutes 37 seconds %M .a distance dsT' 14:40 fbia tc? tlic:;;iztFtt?d;ast IF t?fL'ot Nee 9} "Block NOV st#d� .1�t?gpn Dale 1-kkh t is"; thpal. . �}tftElt 00 de:grste;.i?t, to€t?:t#tde.411. td`cur}elS i a altztF.t;ftf 1 R.l;ils tatat:,£I A,sat.ds: 9 and ell,llmt< No, 10 cZt s.t=tl. # t l=< tt l) tlzr. € z F.JB#;1� ' �} dint l.ttc:d� of v l.t?3> i�Ot% ncpns",e North 89 degrees 47 minutes 37 seconds distanIco ,�€ l' I >t(? (� e f €tt tltw taw€tteirly l4m t fEast T?oU h Bute, .Irt�nC; :.ICI ?rtla t}ts degWrees 32 at;d%ta:nd s I&A- t. <(ak'+I g tlte. l ,#%0141Y`.1€1v of East F: iitth nt <3 f�lC�.ari�i t?.f � , i Imo.<:t to the poink i?:t'i?qgnn .t,�;.> ,brad alsos Lot i�'o. 1 y', i3ldaek No. 1. l of said °`L a�aza 1.?ale ;tlei�tats." An{1 also, 2 and 16, Block No. 6, North Waterloo Mace, are addition to the City cif Waterloo 1owa. l*1D E lxe loath tine cif OUISe ;street is as;:11111ed to bcar North 90 degrees t10 minutes 00 seconds East. 1 ho: `oath 1t1 i6e, of Ayu.Ua Sutra from the east ljct Of } <tm FULU01 Street to a point K.� Z� l ?v t, U t Bast, vacal tl and %atil.f:,r�axoau; (hock Nol l.0 in I I�.A tits" in the pity of Lot -No. 9 and the South 15 feet of Lot Nlo, 10 its Block No. 10; astci Lots NTos. 10 and i d in Block 4No, f 1 in "Logan Dale Height;;" in the City Of Waterloo, Iowa, 89131.31.76002 89131313101.2 091,31.3131011 8913131.31008 89131.3131007 8913131.76009 891313176008 89131.3176006 8913131.76007 Exhibit B September 25, 2017 Access Agreement 14 Number: 201800006453 Recorded: 10/11/2017 at 4:20%21.873 PM Fee Amount: $42.00 Revenue Tax: Sandie L. Smith, RECORDER Black Hawk County, Iowa ,:. I'r�e�a�re�° tssf�rx�;�11€arE; {a�.aax�£, acl+�a•ess af3cJ 1+?��?E�f; rfuf��l�er� W. Johnson. P,O, Box 118, Watorloo,1A 50704-0178 19)234ftl766 'I°�Ex��a�s�r Iatf€��°�ea.��i€�afe (r�arrs� anE� �c�3�i>i£te a�dressj Va- �i�;ta�rra i�a�t;axerE��a11'�: i�E�fne zEf�cl c.E�tf��lele acl�r�ss} uric: W. Johnson, P'00 Rox 1711, Waterloos lA "104-0178 C°ity f1f ��%,�t£rlc�v C;h�fTE�?£i'IEiiEI IEr�i�fii.E�s'kE;tElrifi� f.`.i?f'pt7rfEllOTE La;l;E51 Y3a;scWllstl€Lre. Sc:f: 'NitG.4,41£<i E4:�Ei1�it ' :�i9, �neument or instrument number of previously r��:�f deb t€s�s;E�rca�:aals; %`C�+�Sts AUrK1!jVj1V1 r IvO1'.1, This ACCESS AGp...EEMENT ("Agreement") is made and entered into as 2017, by and between(:; -rambcrlain IvIanufactoring Corporation (".Licensee") and the City of Cr aterI.00, Iowa ("Licensor"). VVl-IE%I 11S, Liocnsor is tlr.e ouaer. of real Isroperty I.ocatc.d at5U Esther Street, 4Vat.r rtocs, lov a (the "Property";; sflacl �'1�EiZEAS, Lh.ensee wishes t43 enter upoaa Li�:s✓nsor's I-�roperty 1i3r tlr�: purfaose ol p :r£orn,ing al.l activities required. of Licensee: by the United State, l:;rr�iirorarfli.esa.tal Protection Agency at the Property {the "Work") and Licensor desires to perni t sLich access, and J�3�7�� THEP.EFt�RE9 in. c�ansi.cls:ration. of the mutual covenants and. agreenrc:rrts de;�cris3ed )elow. and for good and valuable consideration, receipt of which is hereby acknowledged, it is agreed; t. 1 access. Liccrssor does lrersbyP gra;tt to Lice�asec and its �.-�fpe��ts, c�rni�Io�Y��c s5 c�.r�ra�:azl.tarats, contractors and subcontractors (collectively its "Representatives") aton.g, with taa.e.. Unitod States f ravironmental Protection Agency, the rowa Department of Natural Resources and their respectiove representatives, contractors, and. subcontractors thereof, reasonable; access to the F'roperty in connection with the Work. This Agreement replacos in.1;r.ft the Access Agreement between. Licensor and Licensee dated klay 5, 2014 (the "Previous Agreement"). The pfi ties agree that the Previous Agreement is hereby rescinded as of the date of this Agreement. 2> It lse Licc;ns�ar shall r�:t:rr�.ir� fr€3rr� usiaag tf�c Prol�crtg1in any rnanrier that will posy; an unacceptable .risk to human health or to the cnvironm(r nt due, or interfere with or adversely affect the Implementation, integrity, or protectiveness of the Work or i-riter#ere with Licensee's performance of the Work, including, but not limited to, the fotlo��;i.ag. (a) Ensuring that all equipment placed on the Propertyi.n connection with the Work remains Undisturbed, including providing fen.cirag and security as necessary; (la) l`�li�t using or pofl�nittin-g the aase of grortndNvatcr bPiae�th tie Pro l�erf yY or, t4a the extent necessary, JUL the vrw.irazty of tip; Propeflty 5 (c;) Not d.€sttrrbing any soil ors- the Pr4.aperty1 wztltoart taking proper precautions to prevent cz�posure~ to or dispersiora 43.f'�arzy laa�:ardous �:rtntaaninants in tlae soil; grad (d) loot p�.:rrrsittirag arty acti��ities, including d.cnioliii.tsri or construction activities, to 04:-4;aar on the Property �vitlaout the e.�press �.vrittetr agreeflnent of Licen:as;:o. l,ic:rnso.r ackrrowlcdgcs that restrictioris on the facture use; of the P.rol,erty, and, with respect to the use of grorand,vatcr, sizrro�rrfldirflg prop�;rties rn.a.y be recor4ied against thy; deed to the l�roperty and.; ;with respect to the use of groundixater, surrounding properties in connection with the Work, ir1cl:flding, but not tirnited to, prol-bition.s on the use of groundwater, limitations ofla the future Er cs of the Property, requirements for vapor rnitig=ation systems or barriers in any buildings colistt'Eli.t�:%.� Ea}t ttiC iD::) ;r:tiy' £lr 13E`CtGt;tiC?ft toi k`£)I't_ers rlil.iMg comtrul Nft �n ar fivitt. s _in til:: lei"oj�el'ty L.iu4nsor a;Fvroe•S (hat, it will Cooperate vJitl? License:~ iD recoi'dirig such resinctl£Jris CrYT<il.t:ist thte cleed� including, n , but not limited t.o; t"ti7f�n ;'equest 6y Licensee, l:?rort-tj)tly :`.'.l%'.-;: t.itl i].� i�l'i+_i recCJMMIL9 elnv r1f:r:f.`•ssa?"S' notxce's or other doeNuniol.ets. fti addi.tilioti, at t to reqtle",st. C?E`.I_,dcelfflseC ; I_,Ic`_'.I-Isor :?- roes that It will take. atl necessary actions to restrict the use of groundwater at stAi'iC?4i3.Cilt%r properties including, 1}iAt. not }.}ritt'te.;.i to, a pI"f? 71t?iuolml on, fl'le use of ccro l.i}£.; ester by C}rt I51ai1CC . l imisor sh-al C:o0j)Prate With Licelis€;e* in obtaining revised Curer fT`oni the, United +titL's.it�%I.Cf)?`ttiif Fit.21 .{�1'C?tC.cti()'it 1ft 21t,�' I" i}eltl£)£2i3.1i21.}1j; the Work lo tie ?(.I'i Fi7iC{i r?F3 t.t;: 1:3.rope`'ty by Lice-nsee and Licensor's obli�;ationsS and aj�r,teern.f nits pursuant to this ..'�oIbOerrieat, Perim! is;_l1s+:i. shall ot?t.aln, at its �?r?l€.' cC?�?'f.:ll7.£1 cYli£.TISc, t�l. t)t.iri?.tt:s ?:tF.3C� }3Ltt�riJTI` L�L2C+21s ;fit by%l:tci�.f.'.i7�:I' }t£iterl"P. t.?C?I7t iliiy ii)il'll f t3�`: Y.wl.)eii-tal agencies :as care necesswwy for fh.c Work. In C:oritzection ihe'elwlth' lice% see Nevill Comply fund will Cause As Repr' Lster at:ives f'o Coi><tply witli .ill applicable fedlere,I, state and tocal .tassys, regulations, lit rnuts, pemilt conditions, stwadaxc s, directives, guidelines, and judicilal and atmirirstrata.Ve orders anti. decrees as arc 9j)plic:able to afl 8011ir[IfO3 CzOn£iticlted by l.:is;;f;.tusee or its Ri,proseittatives on the, Property pursuant ant to this A-greerltt nt (collectivel—y "Lavxrs+'). Licensor stiall Cooperate Licensee jay exeCIAti-D' , ripon recltiest. by Lice— scee� axiy a p%?li(.e,'6oIis or other docurrwrits necessary to obtain. any < over.n_rricritat approvals required in cotinection .-kdth t_l:if.'. Work. t`\:t:�fltl�f�ffixi� %'ill nf3ti�:�s9 c?.ern.a.I;fls; r�:fi2Fcsts d-�r�c�. c?t�l.c,r ommrrmcations required by tke AF,rcc:rnent shall. be given to the folI ,Ang person: for L if.:c>its£).r: l-0or l.:ic;r.:rtse£;: �.... ;ate ............. ..... r tc.rttic+it:...M�v�p................... t,itrcago, I 60606 .tturttic).tt: President and Gaereral Counsel e rtsoi" aagrees to l�roirrl�tly provideLicensee aridits Representative wift-b. f,£3j;)i.o.� c.Jt''iiriy rt?wl?s c�i' the �rz��erty irl l:ficen�,c}?�`s l�£rssc:�sic3rt sl.�c��iia� the lf��:ati�zr c� �?n�ers-yr�?cle?ci utilities, Notwithstanding this ectiol} `,, Licensee a}icl its Represent.rii.ves shall riot be responsil')lic for the repair of underground utilities that are not shoe m on the, Ina -PS provided by Licensor. ��. l:�_l�ic_t;��rliiy, Licenseeagree,1 to be rcrs�s£�rrs.il)1e #:c?a' and does he -re -by hold Licensor l.tarrrlless fr"t�rtt axi'�r axicl all cl�ti.rrl.ti, lial?xlities, �at�ta�z:.�, losscs� co��:� rra-icl o�l�?:.rts�;�; ai.isiii�; £s�.tt of axty Personal irljrtry or �?r;�t-+c:zly E�arn.a.gc {.nz divi.�}IaR �trrd collectively, ```I��i2ita�7�:J"� ��l� clr. Erectly results it£?rn Licellsee or its R~;:presr,rttatives' n.eg igen.ce in conxiection with Licensee's access to tile: Vrnperty pursuant to this .4kaAft reement; provided nowover, Licens€e shall ria- vO no i.ndeainllty o}nl.igatinris under this Agreement or incurred by Licensor through its actions or ornissions covered by Sections 2. and 5, above.. Notwithstanding any other prOVISuOn. of t}ils Agreenlenl.t, fAce see. does not assume any responsibility 1-br any condition including, but not ;united to, (he: environmental condition) at the Property that does not directly result fron.1 Licensee's negligence in connection with Licensee's access to the property pursuant to this Ac.freeinent including, but not limited to, anv environmental condition on the :Propert,r existing as of !he date of this, ��.greerrernt. �..1;,�I.r.l�t4, �laf��ect to cacti€zrz �; above, €:.icerzsor hereby ��raivcs, xele�rses, a.c;cluits, tlnd forever discharges .,iccnsec, its officers, directors. partners, employees or agents, or any otht'r person acting on behalf of:€:.icernsee, of and froni any and all. claims, actiorns, carries of aotiorn, demands, rights, damages including, but not limited to, consequential damages', costs, expenses, or compensation "rhatsoevex, direct or indirect, icnn31xin. or -unk-nown, foreseen or clnforese.crn, �vhi.ch Licensor riow has or may have or which may arise in the future: on account of or in ally ivfay- growing out of or in cornnec:tion. "ith the. 11roperty- or 1.1cerl3ec's occupancy thereof iricludi-no but not limited to, claims for past investigation costs, consulting costs, laboratory costs, aRomeys' fees, loss of rent. and increased costs of insurance. �< l_:�pr<4�• �_��:sli,il..zAf.;l��l�c�zi i��tlr�� 3€-;,' iil��lii;�t� l:t as exflressly understood arkd agreed that neither the execution of this Agreement, nor the tender or receipt of any payment, nor the performance of any obligation recited herein is intended or shall be understood as an iclizovrledgement of responsibility, admission of liability or of any fact, or othe). expression refleottvig upon the inents of any claim against Licensee, and any such responsibility or liability is expressly dellied. 9. Tc:iin. "I'liis �greexrierit shall. eon.tiriire anal sh�zl €riot lie revE3�;ab€e }�yr Lieerlsc},� sn florid, is :(.,icCUSee is required to have access to the property in order to perform the �WOM OeC U011 Z and 7 of'this Agreen:ient shall survive termination of this Agreement. In the event Licensor sells or otherwise: transfer any- interest. in the Property, Licensor shall. require that the trazl.rfree execute am agreement prov'Iding Licensee with all rights provided to Licensee pursuant to this ,grooment, including requiring the transferee to abide by and fulf it all of Llcerisi)r's obligatiozl s in this .Agreement, including, but not limited. to, Licensor's obligations in Section :c and. the rclease in Section y Licensor shall notiAr [kensee.iil viriting.prior to any proposed transfer of . rin.y interest in. the Property. F;3f Lak:v-: 'i'liis Agreenzr.>rzt shall be goy -cored bye l:owa. stibstarzti.vc law, ex cludiiit chore of la.y�Y riil.es. l 1 g't#rt�lile•tz.::�lfi��:�lz7r ixt: This dc;ezrrnent constitutes tlrc. full and entire agreement bcfi�-eerz tll.e parties hereto. Tl�crc are rncr z�tlacr clndcxstarnffirzgs, oral or ��rrittezr, relatin.� to tl�e, subject matter of this :Agreement. This Agreement may not be changed, inodi.fied or amended, ill. whole or in part, except in wri.tin.g, signed by all patties hereto. i'?. �eytzt�EaI�fy If rl_rzy- term, r:crrzdi.tion or• provision crf'this Agreement, or the application. tlier.•enf t�� ally persoix, party L�r c:ircElxristan.ce, sha€ € l_?e fZe(d by� a zozzr-t of corripetc:irt jurisdiction to be invalid, void or unenforceable, the remainder of the terms, covenants, conditions and provisions of this Agreement and tue application thereof to any person, party, or circuanstance, shall remain in full force and effect and shall in no way be affected, unpaired or invalidated thereby. l I rf. I.:ic;ensor represents and warrants that he or she is auihod-zed tip execute this Agreement on behalf of Licensor including, but not limited to, obtaining any necessary consents or approvals of any governing body of Licensor, and that this Agreement, when executed, shall be a valid acid binding obligation. of Licensor, in accordance with its terms. Title• : • _ F Eric Reeves Title<_`d3 ce-.:President„and General Counsel 'I A [ E. F ICE W lvv 9 CfijLiN I I CiF BL Ak�-I� FI:l W'r�" jss This record was acknomiledged. before arse on this .Ca, play of October, 2017, by Quentin Hasa, as Mayor of the City of Waterloo, Iowa. + + Q � � 3TATF OF I0 vy A C OI_NTY OF BLACK HAWK )ss 'I`l"aas record ��as acka�t�wled.�;ed before ra�.� oaa Dais � tl�ty �i: �ept�n�ber, Zf�l 7, by I✓rie: I�.et;�•ts, as Vice President and General Counsel of Chamberlain #,ant wturitig Corporatioaa, I't�bl.ic: EXHIBIT A 550 Esther Street tdaterl rjo Iowa s 'I ega I I y descri lied cis o A parcel of bind located in parts of Blo ks pit tlrttl 1:1 l>1�>:irx i?<tl< Il�rrtlf€�" ct the City of Waterloo. Iowa, Blocks Nos. 10, r,tk.t�?ris !'l.ai:<k i,i d1.J � `.ity of iVaterloo, Iowa, Blo.^.1: No, 6, North Waterloo Pk , ti addition €ct ilxt` Elx( Southwest Quarter ofeCtEtlrE Na. 1.�, "l'ow#?.'t€l• ;_�. ?< k�rtll.;_l<tixr;� :Avt?. 1:T`f=�i:#t'tt;#: ri.t`tl? Principal Meridian in the City of Waterloo Fllack F�awk Cotaftty, Iowa, and vacatod streets and alleys all located in Waterloo, Black Hawk County, !owa, described as follow&: I{ t?1: 1. 3?d .t3 (z1 € SiI z1: r=Irt. F €lt.rxks `irrr.itlt v(d tlk r;i°ic.� < :fr1r€it.€tin seconds l:.t�t �;citt€E1��r1V Hue s�I'.�tt€; € 1.t�€ :t 4':itit:lt, C't3l l..?h. ltl it'Ct' tr eacc North tltl degrmw, 10'mir. tz' :0�4 4£•�t>tlli� 1w1 € <i;d:i:ot..;i cii oif ' I ? ttF f«O> to ffie Nixth F=:•I`i:t rtw.r ( I.,;:t.€ #t-I. l S Iiluek No I of said. "Logan tz Dale i l.t igt f ."; tltzrrco North (}tJ s_#t 1 tt t;>>. tl.0 i:(tiz)taEc 4_lt5 s.i;tsr#tf:: lsast a distance of 178405 k'eet to the a*fri#.:.4 z.st > #attE r4a:1'.131t>41C: l'l 113: a st€ids` ixt,�tti'iSC' I•hn(x� thence North 00 degrees 44 : umites 37 soconds li €<: ar.c e,-f SO P() # et ,.o;tti� Qdrmr of dock No. 9 of said F~ntz rp:-z i > Place; �`f1:t t r� �;k QQ #rtinutc:s 00 sr s:4?ttoi� 1,.,� t along the Northerly lane of vac I,oui.se Street t a 41stance 'o 124 tl`l €t?et to tilts SOU Coxvne kxl'F 16ck No, 8 of :s.i€d lq-w rprisf P k; tlic:txE e >t�r#rl# 00 lqgn 28 min.ti€es :l'r s0rmlds West ti d#A,:ir of 50.G0 :€. t�? 4c?rrtc: o(4 131ock Nov l l sn}f sd.l`ti€�=s'lYIlse €'1 icet thimi x;� �#c)Ith lit# d�gic`'.st t5 #txinft€.c:h IM 1asral4x„t the ?u#l,(tl.lsiitytr'l.'Lok1i Lmm't.Naflisla.11;:co (�)ii�i�szat r.It#:frto;txr�_tS#.t�tti:l�..ff€io 4 minutes 44 seconds Nest a distance of 191 X) tkm'.o :f'. i,#;Si3th „4 7 d °€;:m..'s .�.� rx ir1'trtes n.l seconds East a distance of MOM fect to the �+:titth�t>ost i��fYi�::€ tar 1316 n No # ' F11: #3aai PlUcts thence South 00 degree 44 Enifnutes 44 sO: JVI tits 't 6A €t dtstancle ; f ,;li#A€ € 0 f.6<( tit «:earth sly=.lir; t� rl'L�lockr ; s>. I04?€ said :lmt:i>ltz�s a:'1act, t}te.itc:� ;�oti€�_i I:� �i��;�#: s %�7 znaftute: Oi €tat',i i £ .fiii:#'tlth 1 itt 1 �� #.ixirltttt` {3) C.ofEdS Fast F i;itcift(.•e t�?5 1t•S `:1 fbd€ thorw Noah. '?6 dt S.Fri' is 7 Mi Eites 05 7m-o.nds A !%t A t�i��;urit e of 1�e.f8. l lk rx€ tlrC i1c< #iouti:r ldl dr;gr. s 13 r#r#11.14tos lw ,,et Grads West rt of 40*00 J.NcO,110 Um Northerly R-t3-W line of the Waterloo Railroad Ccsixll?e1tr�; flt�rit�: ��Y s'lk<>tl�?r*i <-> t t ru# cortaow Soutl?erly and having. a maids of M.lA::li' fret- tt1(i <� 101#1 caittiTl lic:tt.(rtgN" 0,11F 84 detrtitit;: 6 rnkf it.#tes 33 seconds West a diSu#. op.. of3l2 55 Riot; dx uc, North,0 ticgt��t �,�� i£i#rtifr48 z �4irtds ti'�Rt al,ts}g ,<ird :i! rtijQ-1y, R0NW line a dista it.>e (.tl WE 91l to €ht l'<i i l t�iiF#;lt tr (.€:T kIt( ti t. l,Ncmh ti{€ flt• >tZ c';, l .. 1i3ir alir R 3 : FL'<ir#d�. �4f t € <9��t 1 ; €ho l`<t:1t4't'1S' jE€.ie: of .l ast Fourth StM t =r d i# m �:A) 1 g8;92 fit to#:lis of Ul oi: 9, IN 'hit, l l of said "Lo, tii. Dale kk.l tiffs' ; ti<t;.krc-a t;oufh Lq (t a�Y.Ms 'I?..rfraixtst w .2fit so:t.t-arfds Fait a d st 1:W of 119.s4 feet to the Northeast coaxerconxer its I t No. 9 Block No, l I t"fs�af d "Logan Dafi= thence South 00 degrees 13 minutes 20 seconds West a tl.Ist<aztwe 4sl` I49 �(3 :.1i�tito ti?s 00r0e,r• of Lot No. 7. Block -Wl; l i of said `i o 'firib l )�al�t 1It €l;�t€ � t1'.Eem r :lcautl�'7 oti.€a:tttes 47 seconds Fast a distance of 14,00 feevt €•t1 i1.it;: 8oisilxMM Mrn r of Lot Noi 6 Bloc 11 tiff st?iFI `l t�i;� a I ,ale `1%a��igh&1�' tholce North 00dc�;:i€ t w 13 Mtn r#€:n,;, 2 Q se.ngiitlR: F.;as€ o :1ts:<ar:,;L: Of 359 8U t 4mt to dw, sotltllw", ( confer o€'Lot No, ; Blot la WON. lf3 €1� to€1I4;rt;?i;°'; thence forth 89 degr*ces 47 Eninutes 37 secon.ds �;'`(�s€ ti dlstanm. a�� 1444) :e t to ilfc.:;�t>4rtl#i%New MIt; 01:0r of Lot No 19 Ashick ND, 10 of said "Loy tile k i ughts"; 0 iu i Nksszlh 0 degm s, 0(i tnittt€l6 t#;.l stc4oxmis wt.a alon1 ths.1 I mpetuNtiv ltfat>,tl F,c�t� 1�iti�: 03 and ttlx ll o3t k M�; ltl c?t s.iF 1: that Wce 1# ti e03 ncartkc North 99 degrees 47 €allrfulcs 37 seconds Yost a di-stan- e- of 1; l ,ltl far € to:Pthle, F a tz i ly llfie of East Foil�tlx �t€x��€, plxmt:z North 00 kt;mos l<,..rsi?tttit.S 32 W:%#;.11 �;'C%=A <?lrtrl tltt 1 tett'-F`Il'.1ij, 4; f#fE st P::tifi:11 rs.€€`w�'t <, (llsi.a£h4 3 Gt €:,r the l�oini :4?:1 Strad a1St33 Lou No. 12, l�l�+ck No. I. l of said °`lvolZara I.aale a lei�lits." Anu also, I.:ots 1~ios. l �, 1 , 1 ae� 18, B1c}ck Nor 6, North Waterloo plktce, art addition, to the City ctf Waterloo, Iowas fl l L� OR th line of f,ou e street is assmined to bear North 90 degrees 00 tnia�ctces 8a seconds East. Thc� �,��t tla lt} t ��t ��t < Ftat�t fit>c? :t (rc3eza the 1 a7t 1tct; �tf <t C l oWrtlt street to a pitit ftxt East t vat. i d art t��ilt,�.�axe�l; l�ir�clw Ztiic3. l.0 to t. og to i<f<�i�Y 11�: 01ts" in thy. City of Lot No. 9 and the South 15 feet of LoE ;' o. l t3 M Block No. 18; asid Lots Nos, 10 and 11 in Block''No. 11 in "Logan Dale Heights" in the City of Waterloo, forks. 89131.31.76002 891.31313101.2 8`a1.31.3131011 891313131008 891313131007 89131.3176009 891 313176008 891.313176006 89131:3176807