Loading...
Agreement with James B. Gansen and Mary L. Gansen — Relocating an Access Easement over City of Dubuque Property along Bellevue Heights RoadCity of Dubuque City Council Meeting Consent Items # 017. Copyrighted June 5, 2023 ITEM TITLE: Agreement with James B. Gansen and Mary L. Gansen— Relocating an Access Easement over City of Dubuque Property along Bellevue Heights Road SUMMARY: City Manager recommending City Council approval of an Agreement with property owners James B. Gansen and Mary L. Gansen for the relocating of an access easement over City of Dubuque property along Bellevue Heights Road through the adoption of the enclosed resolution. RESOLUTION Approving an Agreement between the City of Dubuque, Iowa and James B. Gansen And Mary L. Gansen SUGGESTED Suggested Disposition: Receive and File; Adopt Resolution(s) DISPOSITION: ATTACHMENTS: Description Type MVM Memo City Manager Memo Staff Memo Staff Memo Resolution Resolutions Agreement Supporting Documentation THE C Dubuque DUjIBQTE WAWca 914 Masterpiece on the Mississippi YP pp aoo�•o 13 zai7*20*�oi9 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Agreement with James B. Gansen and Mary L. Gansen — Relocating an Access Easement over City of Dubuque Property along Bellevue Heights Road DATE: May 31, 2023 City Engineer Gus Psihoyos is recommending City Council approval of an Agreement with property owners James B. Gansen and Mary L. Gansen for the relocating of an access easement over City of Dubuque property along Bellevue Heights Road through the adoption of the enclosed resolution. I concur with the recommendation and respectfully request Mayor and City Council approval. v Mic ael C. Van Milligen MCVM:sv Attachment CC' Crenna Brumwell, City Attorney Cori Burbach, Assistant City Manager Gus Psihoyos, City Engineer Nate Kieffer, Land Surveyor Jon Dienst, Civil Engineer II Dubuque THE C DUUB-.'*-FE AI•AmeMea City WrA Masterpiece on the Mississippi -2013 20017*2019 p pp zoi�*Z0�9 TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer SUBJECT: Agreement with James B. Gansen and Mary L. Gansen — Relocating an Access Easement over City of Dubuque Property along Bellevue Heights Road DATE: May 25, 2023 INTRODUCTION This memo provides information regarding the approval of an Agreement with property owner James B. Gansen and Mary L. Gansen (the Gansens) for the relocating an access easement over City of Dubuque property along Bellevue Heights Road. BACKGROUND The City of Dubuque is the current owner of Lot 1 of JQ Acres which is a 16 acre parcel located along Bellevue Heights Road. The subject property includes a maintenance building and parking lot that serve the EB Lyons Interpretive Center facility (located east of the property) and the Americas State Tree Woodland Walk area (located within the property). The Gansen family was the original owner of the subject property and in 2011 conveyed the land to the Iowa Natural Heritage Foundation. In 2013 the Heritage Foundation deeded the land to the City of Dubuque. Prior to conveying the land to the Heritage Foundation, the Gansen family platted the land and reserved an easement (the 2011 easement) for themselves to get access to and from Bellevue Road for the benefit of another property they owned adjacent to and on the north side of the of subject property. Since 2011, the Gansens have been using the easement area across the subject property to access their property to the north. In 2020, the Gansens sold a portion of the north property to Flanagans, who are also a beneficiary of the 2011 easement. DISCUSSION In recent years, the Iowa Department of Natural Resources has been making trail improvements to the subject property and has inadvertently constructed some trail improvements in the 2013 easement area. In the summer of 2020 the Gansens, after coordination with City and County Engineering staff, relocated their driveway improvements to not conflict with the City trail improvements and to connect to Bellevue Heights Road at a safer location. At this point the City and the Gansens would like to enter into an agreement to relocate the access easement in order to provide the Gansens safer access to Bellevue Heights Road and resolve the issues with the encroaching trail improvements. The agreement requires the City to grant a new access easement and requires Gansens to relinquish their interest in the existing easement. The Flanagans have already signed their easement and quit claim deed documents so no agreement is required with them. RECOMMENDATION I recommend that the City Council approve the Agreement with the Gansens for the relocating an access easement over City of Dubuque property along Bellevue Heights Road. ACTION TO BE TAKEN I respectfully request approval of the Agreement with the Gansens for the relocating an access easement over City of Dubuque property along Bellevue Heights Road through the adoption of the enclosed resolution. Prepared by: Nate Kieffer, PE/PLS cc: Jon Dienst, Civil Engineer II Prepared by Nate Kieffer City of Dubuque Engineering 50 W 131h St Dubuque, Iowa 52001 563 589-4270 Return to Adrienne N. Breitfelder City of Dubuque Clty Clerk 50 W 1311 St Dubuque, Iowa 52001 (563)589-4100 RESOLUTION NO. 166-23 APPROVING AN AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND JAMES B. GANSEN AND MARY L. GANSEN Whereas, James B. Gansen and Mary L. Gansen (Gansen) are the owners of the property legally described as: Lot 2 JQ Acres No, 3, Dubuque County, Iowa, according to the recorded plat thereof and as shown on Exhibit A (Gansen Property); and Whereas, City is the owner of the property legally described as: Lot 1 JQ Acres, Dubuque County, Iowa, according to the recorded plat thereof and as shown on Exhibit A (City Property); and Whereas, the Gansen Property has access to the public road and right of way of Bellevue Heights Road over the City Property via an existing 66' wide access easement as shown on the final plat of JQ Acres filed as instrument number 2011-00007351 in the Office of the Dubuque County Recorder, attached as Exhibit A; and Whereas, the lows DNR has inadvertently constructed several hiking trails related improvements in the area of the existing access easement; and Whereas, Gansen, after coordination with City and County Engineering staff, have relocated their driveway improvements to not conflict with the City trail improvements and to connect to Bellevue Heights Road at a safer location; and Whereas, City and Gansen would like to enter into an agreement to relocate the access easement in order to provide Gansen safer access to Bellevue Heights Road and resolve the issues with the encroaching City trail improvements; and Whereas, via the attached agreement, the parties have come to terms as set forth herein for how to best effectuate the components of the easement relocation to maximize the benefits to each party and the residents and visitors to Dubuque; and Whereas, Gansen has executed the Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Agreement attached hereto is hereby approved. Section 2. The City Manager is authorized and directed to execute the Agreement on behalf of the City of Dubuque. Passed, approved, and adopted this 5th day of June 2023. .• M. ►. .n.o , Mayor ATTEST: Adrienne N. Breitfelder, CIVIC City Clerk AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND JAMES B. GANSEN AND MARY L. GANSEN This Agreement (the Agreement), dated for reference purposes the 5th day of June , 2023, is made and entered into by and between James B. Gansen and Mary L. Gansen (Gansen) and the City of Dubuque, Iowa (City). Whereas, Gansen is the owner of the property legally described as: Lot 2 JQ Acres No. 3, Dubuque County, Iowa, according to the recorded plat thereof and as shown on Exhibit A (Gansen Property); and Whereas, City is the owner of the property legally described as: Lot 1 JQ Acres, Dubuque County, Iowa, according to the recorded plat thereof and as shown on Exhibit A (City Property); and Whereas, the Gansen Property has access to the public road and right of way of Bellevue Heights Road over the City Property via an existing 66' wide access easement as shown on the final plat of JQ Acres filed as instrument number 2011-00007351 in the Office of the Dubuque County Recorder, attached as Exhibit A ; and Whereas, the Iowa DNR has inadvertandly constructred several hiking trails related improvements in the area of the the existing access easement; and Whereas, Gansen, after coordination with City and County Engineering staff, have relocated their driveway improvements to not conflict with the City trail improvements and to connect to Bellevue Heights Road at a safer location; and Whereas, City and Gansen would like to enter into an agreement to relocate the access easement in order to provide Gansen safer access to Bellevue Heights Road and resolve the issues with the encroaching City trail improvements; and Whereas, the parties have come to terms as set forth herein for how to best address the issues and to maximize the benefits to each party and the residents and visitors to Dubuque. NOW, THEREFORE, IT IS AGREED BY AND BETWEEN GANSEN AND CITY AS FOLLOWS: SECTION 1. CITY OBLIGATIONS. 1.1 City agrees to grant to Gansen, at no cost to Gansen, a new permanent access easement over City Property as shown on the Grant of Easement, Exhibit B. 1.2 City agrees to pay for all publication, notice, and recording fees for the Grant of Easement and Quit Claim Deed. SECTION 2. GANSEN OBLIGATIONS. 2.1 Gansen agrees to execute the Quit Claim Deed, Exhibit C, vacating Gansen's interest in the existing access easement. SECTION 3. BINDING ON SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon the parties hereto and their successors and assigns. SECTION 4. CITY COUNCIL APPROVAL REQUIRED. This Agreement is subject to final approval by the City Council in its sole discretion. CITY OF DUBUQUE, IOWA C. Van Milligen, City Manager Date: 06/06/2023 2 JAMES B. GANSEN AND MARY L. GANSEN lts:tc -- - �F—;r-- Date:_ /`'1 2 EXHIBIT A THE CITY OF DUB E Masterpiece on the Mississippi Insert Title Insert Subtitle Dubuque All Americalttyj 'III' 20012012. M 2017*2019 DISCLAIMER: This information was Compiled sing the Dubuque Area Geographic Information System (DAGIS), which mewdas data Created by both the City of Map Prepared by: Dubuque and Dubuque County. It is understood that, while Cityof Dubuque the City of Dubuque and participating agencies utilized the q lrmost current and actuate information available, DAGIS and 1 inch = 200 feet Engineering Division s suppliers do not warrant the accuracy or currency of the `n, C mformat' or data contained herein. The City and pamelpating V V E 50 West 13th Street agencies shall not be held liable for any direct, Indirect, Incidental, Dubuque, Iowa 52001 consequennal, punitive, or special damages, whether foreseeable or unforeseeable, arlsIng out of the authorized or unauthorized use of 100 50 0 100 200 300 Feet Phone: (563) 589-4270 this data or the Inability to use this data or out of any breach of warrantywhat:oeyer. S Fax: (563) 589-4205 EXHIBIT B Prepared by: Nate Kieffer 50 W. 13t" Street Dubuque Iowa 52001 (563-589-4270) Return to: Nate Kieffer 50 W. 131" Street Dubuque Iowa 52001 (563-589-4270) GRANT OF ACCESS EASEMENT For and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, the City of Dubuque ("Grantor"), of Dubuque County, State of Iowa, does hereby grant, sell and convey to James B. Gansen and Mary L. Gansen, husband and wife ("Grantees"), its lessees, licensees, successors and assigns, from the date hereof, an easement through, under and across the following described real estate situated in Dubuque, Iowa, to wit: PART OF LOT 1 OF JQ ACRES, DUBUQUE COUNTY, IOWA Said easement shall be as shown on the attached Exhibit A, for the purpose of access to Lot 2 of JQ Acres No. 3, Dubuque County, Iowa, including construction and maintenance of a private driveway and all appurtenances in connection therewith (the Private Improvements), along with the right, privilege and authority to construct, reconstruct, alter, maintain, repair, replace, patrol and remove said Private Improvements. Grantor agrees to amend this Grant of Easement to include the following described real estate upon written request of Grantees if it is acquired by Grantees: Lot Two (2) of the Subdivision of Lots Four (4) and Five (5) and Lot Two (2) of the Subdivision of Lot One (1) of the Subdivision of the Northeast Quarter (NE'/) of the Southeast Quarter(SE 1/4) of Section One (1), Township Eighty-eight (88) North, Range Two (2) East of the 5th P.M., in Dubuque County, Iowa, according to the recorded plat thereof, including all improvements thereon, excepting: 04142023mk That parcel of land described as follows: Commencing at the Northwest comer of the Northeast '/ of the Southeast'/4 of Section 1, Township 88 North, Range 2 East, of the 5t" P.M., Dubuque County, Iowa; thence South a distance of 528 feet; thence South 86' 59' 35" East a distance of 233.32 feet; thence North a distance of 540.22 feet; thence West a distance of233.00 feet back to the point of beginning; being the more westerly part of Lot 2 of the Subdivision of Lots 4 and 5 and Lot 2 of Lot 1 of the Northeast'/4 of the Southeast'/4 of said Section containing 2.86 acres more or less, as conveyed by Warranty Deed filed with the Dubuque County Recorder on January 2, 1973, as Document No. 44-73. Grantees, their successors and assigns, agree to pay for any damage caused to the land, fences, or other personal property of Grantor from the construction or maintenance of said Private Improvements. The City reserves unto itself the perpetual right for the purpose of erecting, installing, constructing, reconstructing, maintaining, owning, operating and repair of storm and sanitary sewers, watermain, pavement, street lights, gas, telephone, television, fiber optics cable, and electrical lines above or below said private Improvements as such utilities would not interfere with the existence of the Private Improvements. Indemnification. Grantees shall defend, indemnify and hold harmless Grantor, 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 surveying, inspection, construction, reconstruction, alteration, replacement, maintenance, repair, patrol or removal of said Private Improvements or any claim or damages arising out of or related to the use of the easement by Grantees or third parties. This obligation shall survive the termination of this Grant of Easement. Insurance. Grantees shall provide insurance as set forth in the attached Insurance Schedule. To have and to hold unto the said Grantees forever, and the undersigned does hereby expressly covenant that Grantor is the owner in fee of said real estate and has good right to execute this Grant of Access Easement. Dated at Dubuque, Iowa this day of , 2023. [SIGNATURE PAGES TO FOLLOW] K CITY OF DUBUQUE : Brad M. Cavanagh, Mayor NOTARY PUBLIC STATE OF IOWA, COUNTY OF DUBUQUE, SS: On this day of , 2023 before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Brad M. Cavanagh, Mayor of the City of Dubuque, who executed the within and foregoing instrument and acknowledged that he executed the same as his voluntary act and deed on behalf of the Grantor. Notary Public In and For Said State 9 ACCEPTANCE OF EASEMENT Robert J. Flanagan and Tina M. Flanagan accept the terms and conditions of the Grant of Access Easement. �:iirs �i /0 By. —M 0' Mary L. Gat4en NOTARY PUBLIC STATE OF IOWA ) ) SS. COUNTY OF DUBUQUE ) On this day of AL 2023, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared James B. Gansen and Mary L. Gansen, who executed the within and foregoing instrument and acknowledged that he/she executed the same as his/her voluntary act and deed. � Ij vl Notary Public In and For Said State , �y QANIEI FLlN7 DRAKE L. Comm ss cr N ether 791267 My Coy-s cion Ezpirn 20, 2021 EXHIBIT A EXHIBIT A ACCESS EASEMENT: ACROSS LOT 1 OF JQ ACRES, Dubuque County, Iowa INDEX LEGEND Location: Lot 1 of JQ Acres SE1 4 of Sec.1, T88N, R2E Md TWP (Table Mound ) & Assoc PREPARED BY: BUESIN, PHONE: ADDRESS: 1212 LOCUST STREET, DUBUQUEIOWA PHONE: 563 of the 5th P.M., Dubuque County, Iowa Requestor: Tina Flanagan Proprietor: City of Dubuque 50 W 13th St., Dubuque, IA 52001 Surveyor: Terry L. Koelker I I I Company: Buesing & Associates, Inc. 1212 Locust St., Dubuque, IA 52001 LOT 1 Return To: tlkoelker@buesing.com (563) 556-4389 I I I JQ ACRES NO. 3 I LOT 2 1 1 I THIS IS AN ASSUMED JQ ACRES I BEARING FOR THE PURPOSES I OF THIS SURVEY ONLY. NO. 3 I -I_ --------- _I 50.0 12 .GIT� _. --i`�-8�`38 269.31'(262') - ? /4 SECTION LINE FOUND SCM WITH TOP I BROKE OFF AND 1/2 ROD 232.75'(233.00) STICKING OUT THE TOP ® _ N 33.01' F I THE E1/4 CORNER, FOUND MAG NAIL IN POST I O W W I I CURVE DATA SECTION 1, T88N, R2E cO I rn ^ 0 THE NW CORNER OF 3000' WIDE I b I w oTHETNEo OVERHEAD oSECION 1, T88N, R2E POWER LINE 1)0 EASEMENT 15.00 _ ofn N� M� OwN V O I 15.00 WOW I I U L) �Ot WOK 1n > Z DO 0 N zio~ ^ o O 'I 33.00' I 000�m 33.00^ I w I r0p v '� 15;Z Z� �O< ZMO 1 p W IOW y w ZZw Z I CURVE DELTA RADIUS ARC LENGTH TAN' CHORD LENGTH CHORD BEARING Cl-A 26'47'26" 280.00' 130.92' 66.68' 129.73' N62'49'26"W Cl-B 28'27'21" 313.00' 155.45' 79.36' 153.86' S63'39'24"E Cl-C 24'39'38" 247.00' 106.31' 53.99' 105.49' N61'45'33"W C1-D 20'32'07" 313.00' 112.18' 56.70' 111.58' S59'41'47'E C2-A 11'01'02" 700.00' 134.60' 67.51' 134.39' N43'55'13"W C2-B 11'01'02" 733.00' 140.95' 70.69' 140.73' S43'55'13"E C2-C 11'01'02" 667.00' 128.25' 64.33' 128.06' N43'S5'13"W C3-A 5'18'15" 667.00' 61.75' 30.90' 61.72' S41'03'49"E C4-A 37.24 18.6T 37.18' S 842'29"E C-A 20200.00' 200.00' 87.56' 44.50' 1 86.87' 1 S 1'29'57"E N M N W 1 Z ova w�`o� -"-�I oN�m w I LINE DATA O �� Un cWi�ol ml S 88°28'07" \ a \ I D� �N a �I nI LINE BEARING DISTANCE 112' N ;n L-1 N 38°24'42" W 124.69' N w ILL4 V L-2 S 38'24'42" E 155.23' TAIL O w NO_ CALE o 1.31' Icw W 126.58' 30 N� 33.09' I;,,I I 1100.00' WIDE OVERHEAD POWER LINE EASEMENT ROW (33.10') S 87°05'11" E 7 I� Uy� ' I I (50.00' EACH SIDE OF CENTERLINE OF H POLES) ------ 270.89_ 262.99'--------- - \ `C''e LOT 1 -- - - - - - - 34.42, �X� CENTERLINE OF BELLEVUE S 87°05'11" E ROW JQ ACRES HEIGHTS ROW (66' ROW) 259.43'(259.43') o i 111 0� vwi w N w� zm w �- w3 Ow NN 0 LOT 1-1 IN THE SUBDIVISION OF LOTS \ \ 4 AND 5 AND OF LOT 2-1 OF THE I \S N NE1/4 SE1/4, SECTION 1, T88N, R2E CENTERLINE OF BELLEVUE o LEGEND HEIGHTS ROAD (66' ROW) III N FOUND 1" IRON PIPE (UNLESS OTHERWISE NOTED) I I I \ I \6 � \A _ FOUND 1.25" IRON PIPE 15.00' WIDE OVERHEAD o e FOUND MAG NAIL i N I �' \�A„ \ POWER LINE EASEMENT I - (j oN ON THE NE SIDE OF POWER N e FOUND 1/2" ROD W/YELLOW CAP #14417 Z I ''� I I \ \ POLE CENTERLINE AND TO N THE ROW ON SW SIDE OF I j) 0 FOUND 5/8" ROD W/RED CAP #9651 \'` POWER POLE CENTERLINE N M ❑� FOUND 5/8" ROD W/YELLOW CAP #4850 W/AI`"\ \C�\ I \ oN Q PLACED MAG NAIL 17.63' I z w \9 \ Z O FOUND 5/8" IRON REROD W/ORANGE I I \ PLASTIC CAP MARKED "KOELKER 15487" - - - - - - SURVEYED EASEMENT LINE O PROPERTY LINE ' I ' LOT 2 _ I I 1n - CENTER LINE JQ ACRES \�� - - - - - - RIGHT OF WAY I �;� ;� ��ssg o ROW \ -x-x-x-x-x-x- EXISTING FENCE LINE ------ ------------ ------ EDGE OF ASPHALT LOT 2-1-1 OF THE `L N. - - OVERHEAD POWER LINE EASEMENT �'r, \� NE1/4 SE1/4, SEC. 1, �'��' 46.09' C ) RECORD DIMENSION S88'17'09' W ' sr, T88N, R2E R �O 61' X\ 47.90' W/AI WITH ANGLE IRON 69.57'(69. 56') 28.90 (28.90') \ 58.11'(58.03') ,�0 N41'31'41 130.71' 104.29' 1/4 1/4 SECTION LINE - - 223.84'(224.17') (104.26') 143.81" 429.02'(428.99') 207.55'(207.0') S 86°36'26" W S 87°09'12" W 487.13'(487.02') 249 30'(249. ) IN TREE 328.13'(328.43') LOT 14 OF \ LOT 13 OF LOT 1 OF "METROPOLITAN "METROPOLITAN ETROPOLLITANITAN HEIGHTS" 98.47'(98.46') CAMPERS PLACE LOT 2-IN S 88°1T09"') LOT '2 OF LAMPER'S PLACE HEIGHTS" HEIGHTS "M 0' 100' 200' 400' 4SU ES I N G ASSOCIATES INC. SCALE: 1" = 200' ENGINEERS AND SURVEYORS 1212 LOCUST ST, DUBUQUE, IA (563) 556-4389 DRAWN BY: JCH & TEL CHECKED BY: TLK NOTES SURVEY DATE: 4/5/11 PLOT DATE: 12/4/20 DWG. NO. 20332-02 SCALE: 1" = 200' 1. ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEREOF. 2. THIS PLAT IS SUBJECT TO ALL EASEMENTS OF RECORD AND NOT OF RECORD. SHEET 1 OF 1 INSURANCE SCHEDULE City of Dubuque Insurance Requirements for Lessees of City Property and Right of Way Licensees or Permittees INSURANCE SCHEDULE A 45�-,Z/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. Ali 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. L-e 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 A.M. 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. 8. 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. 9. 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 and self -insured retention and for payment of all policy premiums and other costs associated with the insurance policies required below. 11. All certificates of insurance must include agents name, phone number and email address. 12, The City of Dubuque reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by this Schedule at any time. 13. The City of Dubuque reserves the right to modify these requirements, including limits, based on changes in the risk or other special circumstances during the term of the agreement, subject to mutual agreement of the parties. Page 1 of 4 Schedule A Lessees of City Property, Right of Way Licensees or Permittees September 2020 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 -Completed 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) Policy shall include Waiver of Right to Recover from Others Endorsement. B) WORKERS' COMPENSATION & EMPLOYERS LIABILITY Statutory Benefits covering all employees injured on the job by accident or disease as 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 If, by Iowa Code Section 85.1A, the lessee, licensee, or permittee is not required to purchase Workers' Compensation Insurance, the lessee, licensee, or permittee shall have a copy of the State's Nonelection of Workers' Compensation or Employers' Liability Coverage form on file with the Iowa Workers' Compensation Insurance Commissioner, as required by Iowa Code Section 87.22. Completed form must be attached. Page 2 of 4 Schedule A Lessees of City Property; Right of Way Licensees or Permittees September 2020 City of Dubuque Insurance Requirements for Lessees of City Property and Right of Way Licensees or Permittees C) a E) F) INSURANCE SCHEDULE A (Continued) POLLUTION LIABILITY Coverage required: _ Yes K No Pollution liability 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 $2,000,000 Policy Aggregate $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. RIGHT-OF-WAY WORK ONLY: UMBRELLAIEXCESS Yes I,< No $1,000,000 The General Liability, Automobile Liability and Workers Compensation insurance requirements may be satisfied with a combination of primary and Umbrella or Excess Liability Insurance. If the Umbrella or Excess Insurance policy does not follow the form of the primary policies, it shall include the same endorsements as required of the primary policies including Waiver of Subrogation AND Primary and Non-contributory in favor of the City. FLOOD INSURANCE Yes / No If Required Coverage Page 3 of 4 Schedule A Lessees of City Property; Right of Way Licensees or Permittees September 2020 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 Coverage. 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 of City Property; Right of Way Licensees or Permittees September 2020 EXHIBIT C QUIT CLAIM DEED Return To: The City of Dubuque, 50 West 13th Street, Dubuque, IA 52001 Taxpayer: The City of Dubuque, 50 West 13th Street, Dubuque, IA 52001 Preparer: Barry A. Lindahl, 300 Main St., Ste 330, Dubuque, IA 52001 Phone: (563) 589-4381 For the consideration of one ($1.00) Dollar(s) and other valuable consideration, James B. Gansen and and Mary L. Gansen, husband and wife, do hereby Quit Claim to The City of Dubuque, Iowa, an Iowa municipal corporation, all our right, title, interest, estate, claim and demand in the following described real estate in Dubuque County, Iowa: All of our interest in and to and releasing and vacating that certain 66' wide access easement described in that certain Plat of Survey of JQ Acres dated April 22, 2011 and recorded May 24, 2011 as Instrument 2011- 00007351 of the records of the Dubuque County Recorder, as located on Lot 1 pursuant to the aforesaid described Plat of Survey. This deed is exempt according to Iowa Code 428A.2(21). Each of the undersigned hereby relinquishes all rights of dower, homestead and distributive share in and to the real estate. Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, and as masculine or feminine gender, according to the context. Dated: April , 2021. James B. Gansen, Grantor Mary L. Gansen, Grantor ©The Iowa State Bar Association 2019 Form No. 106, Quit Claim Deed IowaDocs® Revised February 2019 STATE OF IOWA, COUNTY OF DUBUQUE This record was acknowledged before me on April , 2021, by James B. Gansen and Mary L. Gansen, husband and wife. Signature of Notary Public ©The Iowa State Bar Association 2019 Form No. 106, Quit Claim Deed IowaDocs® Revised February 2019