Signed Contract_Walter Development-Hodge Transfer Site Access Agreement for McFadden Farm Copyrighted
September 3, 2019
City of Dubuque Consent Items # 28.
ITEM TITLE: Signed Contract(s)
SUMMARY: Gallagher Risk Management Services Agreementfor
Worker's Compensation Insurance ProgramAnalysis; lowa
Department of Transportation forARC /J FK Road
Midtown Transfer Phase I I; Palebluedot, LLC Climate
Action Plan Update Agreement; Walter Development, LLC
(Hodge) Site Access Agreement for McFadden Farm Site
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File
ATTACHMENTS:
Description Type
Gallagher Risk Managment Services Agreement Supporting Documentation
IDOTMidtown Transfer Phase II Agreement Supporting Documentation
Palebluedot, LLC Agreement Supporting Documentation
SITE ACCESS AGREEMENT
BETEWEEN
THE CITY OF DUBUQUE, IOWA
AND
WALTER DEVELOPMENT LLC
This Agreement is made and entered into this (L1 day of Aub , 2019, by
and between the City of Dubuque, Iowa, an Iowa municipal corporation (City), and Walter
Development, LLC, an Iowa limited liability corporation (Developer).
WHEREAS, City is the owner of the real estate shown on Exhibit B-1 (the Proposed
Plat) and Exhibit B-2 (the Site Plan), attached hereto, which is being considered as a
Development Project by City and Developer; and
WHEREAS, Developer desires access to the Site prior to entering into a
Development Agreement for purposes of site analysis, excavation and grading; and
WHEREAS, the City desires to allow Developer access to the Site for such
purposes prior to the closing subject to the conditions set forth herein.
NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES AS
FOLLOWS:
SECTION 1. ACCESS TO SITE. City hereby grants to Developer, its counsel,
accountants, agents and representatives full and continuing access to the Site and all
parts thereof, upon reasonable notice to City, and at Developer's sole expense, for site
analysis, excavation and installation of footings and such other work as City and
Developer shall agree in writing is appropriate.
SECTION 2. RESTORATION OF SITE. Developer acknowledges that any site
preparation or other work performed by Developer is at Developer's sole risk. Developer
agrees to timely pay and discharge all claims of any kind by its contractors, subcontractors
and suppliers with respect to any work performed on the Site, including but not limited to
claims for labor or material furnished in connection therewith, and to defend, indemnify
and hold harmless City from and against any and all such claims. In the event that the
City Council does not approve the Agreement for any reason at the August 19, 2019 City
Council meeting, (or as may be mutually extended by the parties), Developer shall, at the
City's option, restore the Site at Developer's sole expense but not later than December 1,
2019 (or as may be mutually extended by the parties), and this Agreement shall then
terminate. For the purposes of this Agreement, the term "restore the Site" means
removing any and all structures that may have been constructed on the Site, replacing
any removed roadway structures, filling any holes on the Site to adjoining grade level and
seeding the Site. In the event Developer fails to restore the Site by such date, City will
have the Site restored and Developer shall reimburse City for all costs of restoration within
thirty days of receipt of a statement from City for such costs. This obligation shall survive
the termination of this Agreement.
080719bal
SECTION 3. CONDITION OF THE SITE.
3.1 City makes no warranty or representation as to the condition of the Site. Developer
acknowledges that any work performed by Developer and/or its consultant(s) at the Site
is at its sole risk. Developer shall ensure that all work at the Site is done in accordance
with all applicable laws and permits and in a good worker -like manner. Developer and its
consultants shall daily leave the Site in a condition no less safe than before the work was
conducted. Developer and its consultant(s) are solely responsible for obtaining any and
all permits required for the work to be conducted at the Site. No hazardous chemicals
and wastes may be stored or disposed of on the Site and all such materials must be used
only as allowed by law. Developer shall be responsible for identifying any and all utilities
serving the Site prior to conducting invasive work on the Site.
3.2 City has provided Developer with certain information in its possession regarding
the environmental condition of the Site. Developer shall conduct work at the Site under
this Agreement, taking due precautions to prevent exacerbation or expansion of any
existing condition.
SECTION 4. SHARING OF INFORMATION. Developer shall provide City with copies of
any and all reports and documents resulting from the work conducted at the Site upon the
request of the City. In the event such information is confidential, it shall be managed by
the parties pursuant to a separate Confidentiality Agreement. Developer and/or its
consultant(s) shall notify the City immediately upon discovery of any hazardous or unsafe
condition at the Site.
SECTION 5. INDEMNIFICATION. Developer shall defend, indemnify and hold
harmless City, its officers, agents and employees from and against any claim and cost of
any kind, including without limitation, attorneys' fees and consulting fees, arising out any
work at the Site by or on behalf of Developer and its consultants. This obligation shall
survive the termination of this Agreement.
SECTION 6. INSURANCE. Developer shall at all times while performing site analysis,
excavation and installation of footings and all other work pursuant to this Agreement
provide insurance as set forth in the attached Insurance Schedule.
CITY OF DUBUQUE, IOWA
By:
Michael C. Van Milligen
City Manager
2
WALTER DEVELOPMENT LLC
T',` odge
President
EXHIBIT B-1
PROPOSED PLAT
3
Index Legend
Location:
LOT 2 OF MCFADDEN FARM PLACE
CITY OF DUBUQUE. 1014A
Prapr1 ta:
CITY OF DUBUQUE
Requeethrr
CITY OF DUBUQUE
SU ry r:
JOHN M. TRANMER
5u rueyor
Campan>t
1197, P.C„ 4155 PENNSYLVANIA AVE
DUBUQUE, IOWA 620D2-2629
PHONE: (563)556-2494
FER REr1FDER VSE
0
EXHIBIT B-1
LOT 1-2 AND LOT 2-2 OF MCFADDEN FARM PLACE
IN THE CITY OF DUBUQUE, IOWA
541
4O.
N97'30'14"E 1,336.24'
W 1/4 CORNER
SEC. 29, T9911, R2E, 5T1 -I P.M.
FOUND CONCRETE MONUMENT
30' 1,90115A1-
DRIVE.'NA'!
EASvME S PER
2012_9913
/
050
Tp°
HE CORNER
NJ 1/4—SW 1/4
5E01101 29
LOT 2-2
19.23 ACRES (NTS)
754'4"
9.0
q.
LO0.
pdF}
1
+
45 TEMPORARY Ct2ADINC EASEMENT
X14' PUBUO UTIUTV EASEMENT
to
L= 66.69'
LOT 1 —2 R=1050.00'
17,19 ACRES L3-.313.' 21"
CHORD=553'38'32"W
66.68'
7.5
75 INGRESS/FGRESS
EASEMENT
551'49'21'12
B3.07'
EX PERMANENT
EASEMENT LINE
INST. 1965-02
(NTS) ._
CkiA � iVEL�E
([b. q ftp,
W]
FLOT 1 OF DUN
INDUSTRIAL CENTER
1YEST 911-1 ADDITION
6
011 111IIIIIuhh.
NORTH
GRAPHIC SCALE
0 200 400
1'=200'
DR AMC MAY HAVE BEEN
REDUCED
NOTE
THIS SURVEY IS SUBJECT TO
EASEMENTS, RESERVATIONS,
RESTRICTIONS AND
RIGHTS—OF—WAV OF RECORD
AND NOT OF RECORD.
• R=1050.00'
1-9
l ,
L=217.32'
4_822.16'
1x11'51'3 }"
8.950 -CHORD=561 3 27
R=g54.�Ja+"�f 216.93'
0,35.08.
,35'OS , r -
L C 052"35.76'36' 56
796.74.
Wpt"r.Ss
NOTE: DETAILS ARE
NOT TO SCALE (NTS)
7—.L.277 f'
DATE OF SURVEY:
FEBRUARY 19, 2019
TOTAL AREA SURVEYED:
36.42 ACRES
SEG
ROM.
t7
■
(NTS)
LEGEDI 0
PROPERLY BOUNDARY
LOT/RIGHT—OF—'/JAY LINE
EASEMENT LINE
SECTION LINE
PROPOSED PUBLIC UTIUTY EASEMENT
PROPOSED INGRESS/EGRESS EASEMENT
EXISTING MUTUAL DRIVEWAY EASEMENT
PROPOSED TEMPORARY CRPDINC EASEMENT
SECTION
RICHT—OF—WAY
RECORDED AS
FOUND 5/6' IRON REBAR 'MTH
RED PLASTIC CAP N0. 1253
O SET 5/9" IRON RERAR 1MTH
RED PLASTIC CAP NO. 12531
• FOUND 5 IRON RE9AR 111TH
RED PLASTIC GAP NO. 21405
.0,0,,,:!E
`1nLokO IIS+r�rl+rtr�4J
4
JOHN M.
E TRANMER
—r LS 12531 °-
eQrr, „ 5y4�Sx
'iner+<ax4 a�fi
mm�Hnnn
I HERE511E11111Y THAT THS LARD ELRE1949 DD3.111111,1T WAS PREPARED .P>~ I waTxH
PND 111E RELATED SJRIET 141:111 NHS PERFORM:: NY YE IR Ur ER YT .4,
111R491-15 THEMELT PERWLAL CF 1191 41.41E CF 1909. LI'"i 1, ■ . ,
LAND erJtxtr.2w�s�:ruc
e o
.4.011
PATE DRAWN EYE PIA N9„+ EIWfT
WeiSE a. 1 RI YT UCFNSE IDDE'A1L PATE 6 12/31(9021 0E") 'YT P91141 H0. 1911941
TFTs SHEET OILY PAIS "2-93-19 SHEET 1 at 1
PhSEs CIC SHEETSMERE], 51 1H3 PEAL PAIN 411 4 711x -ANSI 49149IRlE1Va1IW1 PUTS
4
EXHIBIT B-2
SITE PLAN
5
EXHIBIT B-2 - SITE EXHIBIT
MCFADDEN PROPERTY
are. OP DUBUQUE
DUBUQUE INDUSTRIAL PARK WEST
DUBUQUE, IOWA
AvAtimppSkastin
Z? -4-S OCALNINRANt aflf i, 1ttJ+N(MT NSRF
6
INSURANCE SCHEDULE A
7
City of Dubuque Insurance Requirements for Lessees of City Property and Right of Way
Licensees or Permittees
INSURANCE SCHEDULE A
Walter Development, LLC shall furnish a signed certificate of insurance to the City of Dubuque,
Iowa for the coverage required in Exhibit I prior to the lease, license, or permit commencement.
All lessees of City property and right of way licensees or permittees shall submit an updated
certificate annually. Each certificate shall be prepared on the most current ACORD form approved
by the Iowa Insurance Division or an equivalent. Each certificate shall include a statement under
Description of Operations as to why the certificate was issued. Eg: Site Access Agreement dated
2. All policies of insurance required hereunder shall be with an insurer authorized to do business in
Iowa and all insurers shall have a rating of A or better in the current NM. Best's Rating Guide.
3. Each certificate shall be furnished to the Finance Department of the City of Dubuque,
4, The lessee, licensee, or permittee shall be required to carry the minimum coverage/limits, or
greater if required by law or other legal agreement, in Exhibit I. Failure to provide the required
minimum coverage shall not be deemed a waiver of such requirements by the City of Dubuque.
5. Failure to obtain or maintain the required insurance shall be considered a material breach of the
lease, license, or permit,
6. All required endorsements shall be attached to certificate.
7. Whenever a specific ISO form is referenced the current edition of the form must be used unless
an equivalent form is approved by the Director of Finance and Budget. The lessee, licensee, or
permittee must identify and list in writing all deviations and exclusions from the ISO form.
If lessee's, licensee's, or permittee's limits of liability are higher than the required minimum limits
then the lessee's, licensee's, or permittee's limits shall be this agreement's required limits.
Lessee, licensee, or permittee shall require all subcontractors and sub -subcontractors to obtain
and maintain during the performance of work insurance for the coverages described in this
Insurance Schedule and shall obtain certificates of insurance from all such subcontractors and
sub -subcontractors. Lessee, licensee, or permittee agrees that it shall be liable for the failure of a
subcontractor and sub -subcontractor to obtain and maintain such coverage. The City may
request a copy of such certificates from the lessee, licensee, or permittee.
10. Lessee, license & permittees shall be responsible for deductibles arid self-insured retention.
Page 1 of 4 Schedule A Lessees Of City Property; Right Of Way Licensees er Permittees May 2019
8
City of Dubuque Insurance Requirements for Lessees of City Property and Right of Way
Licensees or Permittees
INSURANCE SCHEDULE A (Continued)
EXHIBIT I
A) COMMERCIAL GENERAL LIABILITY
General Aggregate Limit $2,000,000
Products-Cornpleted Operations Aggregate Limit $1,000,000
Personal and Advertising Injury Limit $1,000,000
Each Occurrence $1,000,000
Fire Damage Limit (any one occurrence) $50,000
Medical Payments $5,000
1) Coverage shall be written on an occurrence, not claims made, form. The general
liability coverage shall be written In accord with ISO form CG 00 01 or business
owners form BP 00 02. All deviations from the standard ISO commercial general
liability form CG 0001 or Business owners form BP 00 02, shall be clearly
identified.
2) Include ISO endorsement form CG 25 04 'Designated Location(s) General
Aggregate Limit."
3) Include endorsement indicating that coverage is primary and non-contributory,
4) Include Preservation of Governmental Immunities Endorsement (Sample
attached).
5) Include additional insured endorsement for:
The City of Dubuque, including all its elected and appointed officials, all its
employees and volunteers, all its boards, commissions and/or authorities and
their board members, employees and volunteers. Use ISO form CG 20 10
(Ongoing operations) or its equivalent
6) If lessee, licensee, or permittee utilizes Trikkes or Segways in the conduct of
business, include an endorsement reflecting that these vehicles are not excluded
from Commercial General Liability coverage.
7) Policy shall include Waiver of Right to Recover from Others Endorsement.
8) WORKERS' COMPENSATION & EMPLOYERS LIABILITY
Statutory Benefits covering all employees injured on the Job by accident or disease
prescribed by Iowa Code Chapter 85.
Coverage A Statutory State of Iowa
Coverage B Employers Liability
Each Accident $100,000
Each Employee -Disease $100,000
Policy Limit -Disease $500,000
Policy shall include Waiver of Right to Recover from Others endorsement.
Coverage B limits shall be greater if required by the umbrella/excess insurer.
OR
Nonelection ofWorkers' Compensation or EmployersLiability Coverage under Iowa
Code sec. 87,22. Completed form must be attached.
Page 2 of 4 Schedule A Lessees Of City Property; Right Cf ay Licensees r Permittees May 2019
9
City of Dubuque Insurance Requirements for Lessees of City Property and Right of Way
Licensees or Permittees
INSURANCE SCHEDULE A (Continued)
POLLUTION LIABILITY
Coverage required: yes X no
Pollution lability coverage shall be required if the lessee, contracting party, or permittee
has any pollution exposure for abatement of hazardous or contaminated materials
including, but not limited to, petroleum products, the removal of lead, asbestos, or PCBs.
Pollution product and completed operations coverage shall also be covered.
Each occurrence
Policy Aggregate
$2,000,000
$4,000,000
1) Policy to include job site and transportation coverage.
2) Include additional insured for
The City of Dubuque, including all its elected and appointed officials, all its
employees and volunteers, all its boards, commissions and/or authorities and
their board members, employees and volunteers. Use ISO form CG 2010,
(Ongoing operations) or its equivalent and CG2037(completed operations) or
its equivalent.
3) Include Preservation of Governmental Immunities Endorsement.
4) Provide evidence of coverage for 5 years after completion of project.
PROPERTY INSURANCE REQUIRED BY LEASE, LICENSE, OR PERMIT
yes X no
Evidence of property coverage provided: yes
Include the City of Dubuque as Lender Loss Payable.
E) RIGHT-OF-WAY WORK ONLY:
UMBRELLA/EXCESS $1,000,000
X yes no
Umbrella/excess liability coverage must at least follawing form with the underlying
policies included herein.
FLOOD INSURNACE
yesX no
If Required Coverage
Page 3 of 4 Schedule A Lessees Of Cfy Property; Right Of Way Licensees or Permittees May 2019
10
City of Dubuque Insurance Requirements for Lessees of City Property and Right of Way
Licensees or Permittees
PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT
1. Nonwaiver of Governmental Immunity. The insurer expressly agrees and states that the purchase
of this policy and the including of the City of Dubuque, Iowa as an Additional Insured does not waive any
of the defenses of governmental immunity available to the City of Dubuque, Iowa under Code of Iowa
Section 670.4 as it is now exists and as it may be amended from time to time.
2. Claims Coveraqe. The insurer further agrees that this policy of insurance shall cover only those
claims not subject to the defense of governmental immunity under the Code of Iowa Section 670.4 as it
now exists and as it may be amended from time to time, Those claims not subject to Code of Iowa
Section 670.4 shall be covered by the terms and conditions of this insurance policy.
3. Assertion of Government Immunity. The City of Dubuque, Iowa shall be responsible for asserting
any defense of governmental immunity, and may do so at any time and shall do so upon the timely written
request of the insurer.
4. Non -Denial of Coverage The insurer shall not deny coverage under this policy and the insurer
shall not deny any of the rights and benefits accruing to the City of Dubuque, Iowa under this policy for
reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of
the defense(s) of governmental immunity asserted by the City of Dubuque, Iowa.
No Other Change in Policy. The above preservation of governmental immunities shall not otherwise
change or alter the coverage available under the policy.
SPECIMEN
(DEPARTMENT MANAGER: FILL IN ALL BLANKS AND CHECK BOXES)
Page 4 of 4 Schedule A Lessees f City Property; Right Of Way Licensees or Permittees May 2019
11