Grant of Storm Sewer Utility Easement to Switch Development at JFK, LLCCity of Dubuque
City Council
PUBLIC HEARINGS # 4.
Copyrighted
June 16, 2025
ITEM TITLE: Grant of Storm Sewer Utility Easement to Switch
Development at JFK, LLC
SUMMARY: Proof of publication on notice of public hearing to consider
City Council approval of the Grant of Storm Sewer Utility
Easement to Switch Development at JFK, LLC for private
storm sewer and rip rap over City owned Northwest Arterial
Right of Way, and City Manager recommending approval.
RESOLUTION Disposing Of City Interest By Grant Of Storm
Sewer Utility Easement To Switch Development At JFK, LLC
Across Part Of
The Northwest Arterial Right Of Way Adjacent To Lot 1 Of
Switch Development @ JFK No. 4, In The City Of Dubuque,
Iowa
RESOLUTION Granting A Storm Sewer Utility Easement To
Switch Development At JFK, LLC Across Part Of The
Northwest Arterial Right Of Way Adjacent To Lot 1 Of Switch
Development @ JFK No. 4, In The City Of Dubuque, Iowa
SUGGUESTED Receive and File; Adopt Resolution(s)
DISPOSITION:
ATTACHMENTS:
1. MVM Memo
2. 1 hardie storm grant of easement cc memo 06022025
3. 2 disposal resolution hardie storm grant of ease 06022025
4. 3 hardie storm grant of ease resolution 06022025
5. 4 set public hearing resolution switch jfk ease grant
6. 5 switch jfk grant of storm sewer util ease signed by dev
7. 6 switch jfk grant storm sewer ease cc area map
Page 559 of 1053
Dubuque
THE CITY OF
uFA�a9a av
DuBE
13
Masterpiece on the Mississippi zoo�•*o
rP PP 2017202019
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Grant of Storm Sewer Utility Easement to Switch Development at JFK,
LLC
DATE: June 10, 2025
City Engineer Gus Psihoyos is recommending City Council approval of the Grant of
Storm Sewer Utility Easement to Switch Development at JFK, LLC for private storm
sewer and rip rap over City owned Northwest Arterial Right of Way.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Y
Mic ael C. Van Milligen
MCVM:sv
Attachment
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Gus Psihoyos, City Engineer
Bob Schiesl, Assistant City Engineer
Nate Kieffer, PLS, PE
Page 560 of 1053
THE COF
DiU!B E
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
Dubuque
*Aoeriea &ly
�RfUN4LCNl; ltxlx:
2007-2012-2013
2017*2019
SUBJECT: Grant of Storm Sewer Utility Easement to Switch Development at JFK,
LLC
DATE: June 2, 2025
INTRODUCTION
This is in response to a request from Switch Development at JFK, LLC for the granting
of private storm sewer utility easement across city owned Northwest Arterial Right of
Way as part of a recent shopping mall site development project on at the intersection of
JFK Road and the Northwest Arterial for a storm water detention basin outfall pipe and
rip rap.
BACKGROUND
Per the Development Agreement between the City of Dubuque and Switch
Development, LLC, approved by the City Council via Resolution 36-23, the developer
was to construct a private storm sewer outfall pipe across a portion of the Northwest
Arterial Right of Way that serves a shopping mall development at the intersection of the
Northwest Arterial and JFK Road in Dubuque. Per the agreement, the City was to grant
a private storm sewer utility easement to the developer for the construction and
maintenance of the private utility in the City owned right of way.
DISCUSSION
The attached exhibit shows the City owned right of way and the proposed private utility
improvements and easement. The developer submitted construction plans for the
improvements and associated work on the City owned property. City Engineering has
reviewed and approved the drawings and the improvements were recently constructed
by the developer.
City Engineering has determined that the proposed storm sewer easement area is not
needed for any current or future plans for the Northwest Arterial and is recommending
approval of the easement request.
BUDGETIMPACTS
This request includes no budget impacts.
Page 561 of 1053
RECOMMENDATION
I would recommend that the "Grant of Storm Sewer Utility Easement" for the private
storm sewer and rip rap improvements on the Northwest Arterial Right of Way be
forwarded to City Council to be approved.
ACTION REQUESTED
The attached resolution should be submitted to the City Council for consideration for the
granting of an easement to Switch Development at JFK, LLC for private storm sewer
and rip rap over City owned Northwest Arterial Right of Way.
Prepared by Nate Kieffer, PLS, PE
M. Bob Schiesl, Assistant City Engineer
2
Page 562 of 1053
Prepared by: Nate Kieffer City of Dubuque 50 W. 131h Street Dubuque IA 52001 (563) 589-4270
Return to: Adrienne N. Breiffelder, City Clerk 50 W. 131h Street Dubuque IA 52001 (563) 589-4100
RESOLUTION NO. 222-25
RESOLUTION DISPOSING OF CITY INTEREST BY GRANT OF STORM SEWER
UTILITY EASEMENT TO SWITCH DEVELOPMENT AT JFK, LLC ACROSS PART OF
THE NORTHWEST ARTERIAL RIGHT OF WAY ADJACENT TO LOT 1 OF SWITCH
DEVELOPMENT @ JFK NO. 4, IN THE CITY OF DUBUQUE, IOWA
Whereas, pursuant to resolution and published notice of time and place of hearing,
published in the Telegraph Herald, a newspaper of general circulation published in the
City of Dubuque, Iowa on the 6th day of June, 2025, the City Council of the City of
Dubuque, Iowa met on this 16th day of June, 2025, at 6:30 p.m. in the Historic Federal
Building, 350 W. 6th Street, Dubuque, Iowa, to consider the proposal for the granting of
easement across City owned property described as:
Part of the Northwest Arterial Right of Way adjacent to Lot 1 of Switch
Development @ JFK No. 4, in the City of Dubuque, Iowa, as shown on the attached
Exhibit A
Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objections,
oral or written to the proposed granting of easement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1, That the Grant of Storm Sewer Utility Easement to Switch Development at
JFK, LLC across Part of the Northwest Arterial Right of Way adjacent to Lot 1 of Switch
Development @ JFK No. 4, in the City of Dubuque, Iowa, as shown on the attached
Exhibit A, be and the same is hereby approved.
Section 2. That the Mayor be authorized and directed to execute the Grant of Storm
Sewer Utility Easement and the City Clerk be and is hereby authorized and directed
to deliver said Grant of Easement to Switch Development at JFK, LLC.
Section 3. That the City Clerk be and is hereby authorized and directed to record a
certified copy of this Grant of Storm Sewer Utility Easement in the office of the Dubuque
County Recorder.
Passed, approved and adopted this June 16, 2025
rO;O-!O:r'.V!
nagh, Mayor
Attest:
Adrienne N. Breitfelder, City Clerk
Prepared by: Nate Kieffer, City of Dubuque 50 W 13"' St. Dubuque IA 52001 (563) 589-4270
Return to: Nate Kieffer, City of Dubuque, 50 W 1V St. Dubuque, IA 52001-(563) 589-4270
RESOLUTION NO. 223-25
RESOLUTION GRANTING A STORM SEWER UTILITY EASEMENT TO SWITCH
DEVELOPMENT AT JFK, LLC ACROSS PART OF THE NORTHWEST ARTERIAL
RIGHT OF WAY ADJACENT TO LOT 1 OF SWITCH DEVELOPMENT @ JFK NO. 4,
IN THE CITY OF DUBUQUE, IOWA
Whereas, Switch Development at JFK, LLC has requested a "Grant of Storm
Sewer Utility Easement" across Part of the Northwest Arterial Right of Way adjacent to
Lot 1 of Switch Development @ JFK No. 4, in the City of Dubuque, Iowa, for a private
storm sewer utility and rip rap; and
Whereas, the City of Dubuque Engineering Department has prepared and
submitted to the City Council an exhibit showing the easement area for the proposed
Grant of Storm Sewer Utility Easement across Part of the Northwest Arterial Right of Way
adjacent to Lot 1 of Switch Development @ JFK No. 4, in the City of Dubuque, Iowa; and
Whereas, the City Council of the City of Dubuque, Iowa, has determined that the
portion of Part of the Northwest Arterial Right of Way adjacent to Lot 1 of Switch
Development @ JFK No. 4, in the City of Dubuque, Iowa can be utilized for the for a
private storm sewer and rip rap, as shown on the Exhibit A, in the City of Dubuque, Iowa,
and should be approved.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Grant of Storm Sewer Utility Easement to Switch
Development at JFK, LLC be and the same is hereby approved.
Passed, approved and adopted this June 16, 2025
Brad M. agh, Mayor
Attest:
Adrienne N. Breitfelder, tity Clerk
Prepared by Nate Kieffer City of Dubuque Engineering 50 W. 1311 Street, Dubuque IA 52001 (563) 589-4270
Return to Adrienne N. Breitfelder, City Clerk, 50 W. 1311 Street, Dubuque, IA 52001 (563) 589-4100
RESOLUTION NO. 187-25
RESOLUTION OF INTENT TO DISPOSE OF CITY INTEREST BY GRANT OF STORM
SEWER UTILITY EASEMENT TO SWITCH DEVELOPMENT AT JFK, LLC ACROSS
PART OF THE NORTHWEST ARTERIAL RIGHT OF WAY ADJACENT TO LOT 1 OF
SWITCH DEVELOPMENT @ JFK NO. 4, IN THE CITY OF DUBUQUE, IOWA
Whereas, Switch Development at JFK, LLC has requested a "Grant of Storm
Sewer Utility Easement" across Part of the Northwest Arterial Right of Way adjacent to
Lot 1 of Switch Development @ JFK No. 4, in the City of Dubuque, Iowa, for a private
storm sewer utility and rip rap; and
Whereas, the City of Dubuque Engineering Department has prepared and
submitted to the City Council an exhibit showing the easement area for the proposed
Grant of Storm Sewer Utility Easement across Part of the Northwest Arterial Right of Way
adjacent to Lot 1 of Switch Development @ JFK No. 4, in the City of Dubuque, Iowa.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque intends to grant a Storm Sewer Utility
Easement across Part of the Northwest Arterial Right of Way adjacent to Lot 1 of Switch
Development @ JFK No. 4, in the City of Dubuque, Iowa, as shown on the attached
Exhibit A.
Section 2. That a public hearing on the intent to dispose of City interest by Grant
of Storm Sewer Utility Easement to Switch Development at JFK, LLC across Part of the
Northwest Arterial Right of Way adjacent to Lot 1 of Switch Development @ JFK No. 4,
in the City of Dubuque, Iowa, is hereby set for the 16th day of June 2025, at the Historic
Federal Building, 350 W. 6` Street, Dubuque, Iowa, beginning at 6:30 p.m., and the City
Clerk be and is hereby authorized and directed to cause a notice of public hearing on the
intent to dispose of said interest to be published in the manner as prescribed by law.
Passed, approved and adopted this 2nd day of June 2025.
0111kyj gh, Mayor
Page 567 of 1053
Attest:
alvn� biAl)-
Adrienne N. Breitfelder, City Clerk
Page 568 of 1053
Doc ID: 011370520019 Type: GEN
Kind: EASEMENT
Recorded: 06/17/2025 at 02:41:11 PM
Fee Amt: $97.00 Paqe 1 of 19
Dubuque County Iowa
Karol Kennedy Recorder
File2025-00006233
Prepared by: Nate Kieffer 50 W. 13th Street Dubuque Iowa 52001 (563-589-4270)
Return to: Nate Kieffer 50 W. 13th Street Dubuque Iowa 52001 (563-589-4270)
GRANT OF STORM SEWER UTILITY EASEMENT
For and in consideration of the sum of One Dollar ($1.00) and other good and
valuable consideration, the receipt whereof is hereby acknowledged, the City of
Dubuque ("Grantor"), of Dubuque County, State of Iowa, does hereby grant, sell and
convey to Switch Development at JFK, LLC ("Grantee"), its lessees, licensees,
successors and assigns, from the date hereof, an easement through, under and
across the following described real estate situated in Dubuque, Iowa, to wit:
PART OF THE NORTHWEST ARTERIAL RIGHT OF WAY ADJACENT
TO LOT 1 OF SWITCH DEVELOPMENT @ JFK NO. 4, IN THE CITY
OF DUBUQUE, IOWA, AS SHOWN ON THE ATTACHED EASEMENT
EXHIBIT A.
Said easement shall be as shown on the attached Easement Exhibit A, for the
purpose of constructing and maintaining a storm sewer utility and rip rap as shown
in the approved Site Plan on file with the City Engineer (the Improvements), along
with the right, privilege and authority to survey, inspect, construct, reconstruct, alter,
maintain, repair, replace, patrol and remove said Improvements. Said easement shall
also include the right to cut, trim or remove trees, bushes and roots as may be
required incident to rights given herein.
Grantee is solely responsible for the maintenance of the Improvements in the
easement area and shall keep the area in an orderly fashion, including turf
maintenance and mowing. Grantee, its successors and assigns, agrees to pay for
any damage caused to the land, fences, or other personal property of Grantor from
the construction or maintenance of said Improvements.
The City reserves unto itself the perpetual right for the purpose of erecting, installing,
05132025rnk g706
(( D$A City Engl neer
constructing, reconstructing, maintaining, owning, operating and repair of storm and
sanitary sewers, watermain, gas, telephone, television, fiber optics cable, and
electrical lines above or below said private Improvements as such utilities would not
interfere with the existence and maintenance of the private Improvements.
Indemnification. Grantee 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 Improvements. This obligation shall
survive the termination of this Grant of Storm Sewer Utility Easement.
Insurance. Grantee shall provide insurance as set forth in the attached Insurance
Schedule during surveying, inspection, construction, reconstruction, alteration
replacement, maintenance, repair, patrol or removal of said Improvements.
To have and to hold unto the said Grantee 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 Storm Sewer Utility Easement.
f h ��--
Dated at Dubuque, Iowa this day of T- voe , 2025.
[SIGNATURE PAGES TO FOLLOW]
2
CITY OF DUBUQUE
NOTARY PUBLIC
STATE OF IOWA,
COUNTY OF DUBUQUE, SS:
th
On this day of (,(►'1' 2025 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.
ge2�-)t�� kzai�' —
EDRIENNEH.BREITFELDER Notary Public In and For Said State
ommission Numbpr 828956
y Comm. Exp. fd/IYia,-aE;
3
ACCEPTANCE OF EASEMENT
Switch Development at JFK, LLC accepts the terms and conditions of the Grant of
Easement.
SWITCH DEVELOPMENT AT JFK, LLC
By: d,4*L 41�=
1&,Lt&4J , �A'MGGR—
Name Position
NOTARY PUBLIC
STATE OF IOWA )
) SS.
COUNTY OF DUBUQUE )
On this 5#1 day of &J-C-K , 2025, before me, the undersigned, a Notary
P bIic in and for said County, in said State, personally appeared
who executed the within and foregoing
instrument and acknovdedged that he/she executed the same as his/her voluntary
act and deed on behalf of Switch Development at JFK, LLC.
<�1u
ota blic In and For Said State
T-Mcsy""Comm.
ERRY L. SCHROEDER
mm15t1on Number 725549
Exp.NOV. 17, 2027
4
EXHIBIT A
Prepared By: City of Dubuque Address: 50 West 13th St., Dubuque, IA 52001 Ph:563-589-4270
CITY OF DUBUQUE
EXHIBIT A - PERMANENT STORM SEWER UTILITY EASEMENT
COUNTY DUBUQUE PARCEL NO. N/A JOB NO.
PROJECT SECTION 16 TWP_89N RANGE 2E
ROW -FEE N/A EXIST. ROAD N/A PERM. EASEM'T SEE BELOW
LEGAL DESCRIPTION HIGHWAY R.O.W. ADJACENT TO LOT 1 OF SWITCH DEVELOPMENT @ JFK NO.4
OWNER CITY OF DUBUQUE
6.
vOt 10oQM �N@�p2y,p�2
O��EOOO�M
QER
NORTHERLY
R.O.W. LINE OF
NW ARTERIAL /
HWY #32
i
SOUTHERLY
R.O.W. LINE OF
JFK ROAD
6q°3�3R��
N29°49'13"W
42.36'
PERMANENT STORM
SEWER UTILITY EASEMENT
1,267 SQ. FT., 0.029 AC
VSOUTHERNMOST CORNER
OF LOT 1 SWITCH
DEVELOPMENT @_ JFK NO.4
FND. 5/8" REBAR WITH
YELLOW 4016 CAP
LEGEND
® PROPOSED PERMANENT STORM
SEWER UTILITY EASEMENT AREA
• FOUND MONUMENT AS NOTED
R.O.W. RIGHT OF WAY
(100.00') RECORD DIMENSION
PROPERTY
LINE / R.O.W. LINE
CENTERLINE PROPOSED
EASEMENT LINE
NOTES:
1. ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEREOF
2. PROPRIETOR OF ABOVE DESCRIBED RIGHT OF WAY: CITY OF DUBUQUE
3. SURVEY REQUESTED BY: CITY OF DUBUQUE
4. TOTAL AREA OF PERIMETER SURVEYED IS 1,267 SQUARE FEET (0.029 ACRES)
5. THIS PLAT IS SUBJECT TO ALL EASEMENTS OF RECORD AND NOT OF RECORD
6. DATE OF SURVEY: 10-4-2024
r4 0q-
EASTERNMOST
CORNER OF LOT 1
SWITCH
DEVELOPMENT @
L JFK NO.4
CENTERLINE
PROPOSED
20' WIDE
EASEMENT
N60° 10'47"E
21.01'
0' 15' 30' 60'
SCALE 1" = 30' FEET
CITY OF DUBUQUE
ENGINEERING DEPARTMENT
CITY HALL. 50 WEST 13th STREET
DUBUQUE, IA 52001-4864
PHONE (563) 589-4270 FAX (563) 589-4205
Drawn By. JJB Approved By; RNK Dete: 5.1425
NW ARTERIAL / HIGHWAY #32 RIGHT OF WAY
ADJACENT TO LOT 1 OF SWITCH DEVELOPMENT
@ JFK NO. 4, IN THE CITY OF DUBUQUE, IOWA
F:\PROJECTS\)FK and 32nd Street Intersection Signalization\Traffic Signal Improvements\SAN AND STORM EASEMENTS\Drawings\Switch Dev storm and san esmts.dwg
INSURANCE SCHEDULE
City of Dubuque Insurance Requirements for General, Artisan or Trade Contractors,
Subcontractors or Sub -Subcontractors
Class A:
Class B:
Class C:
INSURANCE SCHEDULE F
Asbestos Removal
Fiber Optics
Sanitary Sewers
Asphalt Paving
Fire Protection
Sheet Metal
Concrete
Fireproofing
Site Utilities
Construction Managers
General Contractors
Shoring
Cranes
HVAC
Special construction
Culverts
Mechanical
Steel
Decking
Paving & Surfacing
Storm sewers
Demolition
Piles & Caissons
Structural Steel
Deconstruction
Plumbing
Trails
Earthwork
Retaining Walls
Tunneling
Electrical
Reinforcement
Water main
Elevators
Roofing
Chemical Spraying
Landscaping
Rough Carpentry
Doors, Window &
Masonry
Stump Grinding
Glazing
Vehicular Snow Removal
Tank Coating
Drywall Systems
Painting & Wall Covering
Tree Removal
Fertilizer Application
Pest Control
Tree Trimming
Geotech Boring
Scaffolding
Tuckpointing
Insulation
Sidewalks
Waterproofing
Finish Carpentry
Plastering
Well Drilling
Carpet Cleaning
General Cleaning
Power Washing
Carpet & Resilient
Grass Cutting
Tile & Terrazzo Flooring
Flooring
Janitorial
Window Washing
Caulking & Sealants
Non Vehicular Snow &
Acoustical Ceiling
Ice Removal
Filter Cleaning
Office Furnishings
Page 1 of 6 Schedule F, General, Artisan or Trade Contractors, Subcontractors or Sub Subcontractors January 2023
City of Dubuque Insurance Requirements for General, Artisan or Trade Contractors,
Subcontractors or Sub Subcontractors
INSURANCE SCHEDULE F (continued)
Contractor shall furnish a signed certificate of insurance to the department responsible for the
contract for the coverage required in Exhibit I prior to commencing work and at the end of the
project if the term of work is longer than 60 days. Contractors presenting annual certificates shall
present a certificate at the end of each project with the final billing. Each certificate shall be
prepared on the most current ACORD form approved by the Iowa Department of Insurance or an
equivalent approved by the Director of Finance and Budget or Designee. The certificate must
clearly indicate the project number, project name, or project description for which it is being
provided Eg: Project # Project name: or
Project Location at or construction of
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.
Each Certificate required shall be furnished to the Department of the City of
Dubuque.
4. Failure to provide the coverages described in this Insurance Schedule shall not be deemed a
waiver of these requirements by the City of Dubuque. Failure to obtain or maintain the required
insurance shall be considered a material breach of this contract.
5. Contractor 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.
Contractor 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
Contractor.
6. All required endorsements shall be attached to the certificate. The certificate is due before the
contract/agreement can be approved.
7. Whenever an ISO form is referenced the current edition must be provided.
8. Contractor shall be required to carry the minimum coverage/limit, or greater if required by law or
other legal agreement, in Exhibit I - Insurance Schedule F. If the contractor's limits of liability are
higher than the required minimum limit, then the contractor's limits shall be this agreement's
required limits.
9. Contractor shall be responsible for deductibles and self -insured retention for payment of all policy
premiums and other cost associated with the insurance policies required below.
10. All certificates of insurance must include agents name, phone number, and email address.
11. 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.
12. 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 contract, subject to
mutual agreement of the parties.
Page 2 of 6 Schedule F, General, Artisan or Trade Contractors, Subcontractors or Sub Subcontractors January 2023
City of Dubuque Insurance Requirements for General, Artisan or Trade Contractors,
Subcontractors or Sub Subcontractors
INSURANCE SCHEDULE F (continued)
EXHIBIT I
A) COMMERCIAL GENERAL LIABILITY
General Aggregate Limit $2,000,000
Products -Completed Operations Aggregate Limit $2,000,000
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 00 01 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" or CG 25 03 "Designated Construction Project(s) General
Aggregate Limit" as appropriate.
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).
6) The additional insured endorsement shall include completed operations under
ISO form CG 20 37 during the project term and for a period of two years after the
completion of the project.
7) Policy shall include Waiver of Right to Recover from Others endorsement.
8) Policy shall include cancellation and material change endorsement
providing thirty (30) days advance written notice of cancellation, non -renewal,
reduction in insurance coverage and/or limits and ten (10) days written notice of
non-payment of premium shall be sent to: City of Dubuque Finance Department,
50 West 13th Street Dubuque, Iowa 520019) Contractor and subcontractor
shall not use any drone without the prior written approval of the city of Dubuque.
Any drone usage must comply with above liability limits and the additional
insured endorsement must name the City of Dubuque with respect to aircraft
liability coverage.
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.
Page 3 of 6 Schedule F, General, Artisan or Trade Contractors, Subcontractors or Sub Subcontractors January 2023
City of Dubuque Insurance Requirements for General, Artisan or Trade Contractors,
Subcontractors or Sub Subcontractors
Coverage B limits shall be greater if required by the umbrella/excess insurer.
OR
If, by Iowa Code Section 85.1A, the Contractor is not required to purchase Workers'
Compensation Insurance, the Contractor 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.
C) AUTOMOBILE LIABILITY
Combined Single Limit $1,000,000
Coverage shall include all owned, non -owned, and hired vehicles. If the Contractor's
business does not own any vehicles, coverage is required on non -owned and hired
vehicles.
1) Policy shall include Waiver of Right to Recover from Others endorsement.
D) UMBRELLA/EXCESS LIABILITY
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 but not limited to Waiver of Subrogation and Primary and Non-
contributory in favor of the City.
All Class A contractors with contract values in excess of $10,000,000 must have
umbrella/excess liability coverage of $10,000,000.
All Class A and Class B contractors with contract values between $500,000 and
$10,000,000 must have umbrella/excess liability coverage of $3,000,000.
All Class A and B contractors with contract values less than $500,000 must have
umbrella/excess liability coverage of $1,000,000.
All Class C contractors are not required to have umbrella/excess liability coverage.
All contractors performing earth work must have a minimum of $3,000,000 umbrella
regardless of the contract value.
E) POLLUTION LIABILITY
Coverage required: —Yes _ No
Pollution liability coverage shall be required if project involves any pollution exposure for
hazardous or contaminated materials including, but not limited to, the removal of lead,
asbestos, or PCB's. Pollution product and complete operations coverage shall also be
covered.
Page 4 of 6 Schedule F, General, Artisan or Trade Contractors, Subcontractors or Sub Subcontractors January 2023
City of Dubuque Insurance Requirements for General, Artisan or Trade Contractors,
Subcontractors or Sub Subcontractors
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 20 10.
(Ongoing operations) or its equivalent and CG 20 37 (completed operations)
or its equivalent.
3) Include Preservation of Governmental Immunities Endorsement.
4) Provide evidence of coverage for 5 years after completion of project.
5) Include endorsement indicating that coverage is primary and non-
contributory.
6) Policy shall include waiver of right to recovery from others endorsement.
7) Pollution liability shall include ISP endorsement CA 99 48. Pollution
Liability -Broadened Coverage for Covered Autos, or equivalent
endorsement if the contractor has vehicles that transport fuel onto the
Owner's property.
F) RAILROAD PROTECTIVE LIABILITY
Coverage required: _ Yes _ No
Any contract for construction or demolition work on or within fifty feet (50') from the edge
of the tracks of a railroad and affecting any railroad bridge, trestle, tracks, roadbeds,
tunnel, underpass, or crossing, for which an easement, license or indemnification of the
railroad is required, shall require evidence of the following additional coverages.
Railroad Protective Liability:
$ each occurrence (per limits required by Railroad)
$ policy aggregate (per limits required by Railroad)
OR
An endorsement to the Commercial General Liability policy equal to ISO CG 24 17
(Contractual Liability -Railroads). A copy of this endorsement shall be attached to the
certificate of insurance.
Page 5 of 6 Schedule F, General, Artisan or Trade Contractors, Subcontractors or Sub Subcontractors January 2023
City of Dubuque Insurance Requirements for General, Artisan or Trade Contractors,
Subcontractors or Sub Subcontractors
Please be aware that naming the City of Dubuque as an additional insured as is required by this
Insurance Schedule may result in the waiver of the City's governmental immunities provided in Iowa Code
sec. 670.4. If you would like to preserve those immunities, please use this endorsement or an equivalent
form.
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 6 of 6 Schedule F, General, Artisan or Trade Contractors, Subcontractors or Sub Subcontractors January 2023
Prepared by: Nate Kieffer. City of Dubuque 50 W. 131 Street Dubuque IA 52001 (563) 589-4270
Return to: Adrienne N. Breitfelder. City Clerk 50 W. 13' Street Dubuque IA 52001 (563) 589-4100
RESOLUTION NO. 222-25
RESOLUTION DISPOSING OF CITY INTEREST BY GRANT OF STORM SEWER
UTILITY EASEMENT TO SWITCH DEVELOPMENT AT JFK, LLC ACROSS PART OF
THE NORTHWEST ARTERIAL RIGHT OF WAY ADJACENT TO LOT 1 OF SWITCH
DEVELOPMENT @ JFK NO. 4, IN THE CITY OF DUBUQUE, IOWA
Whereas, pursuant to resolution and published notice of time and place of hearing,
published in the Telegraph Herald, a newspaper of general circulation published in the
City of Dubuque, Iowa on the 6"h day of June, 2025, the City Council of the City of
Dubuque, Iowa met on this 16th day of June, 2025, at 6:30 p.m. in the Historic Federal
Building, 350 W. 6111 Street, Dubuque, Iowa, to consider the proposal for the granting of
easement across City owned property described as:
Part of the Northwest Arterial Right of Way adjacent to Lot 1 of Switch
Development @ JFK No. 4, in the City of Dubuque, Iowa, as shown on the attached
Exhibit A
Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objections,
oral or written to the proposed granting of easement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Grant of Storm Sewer Utility Easement to Switch Development at
JFK, LLC across Part of the Northwest Arterial Right of Way adjacent to Lot 1 of Switch
Development @ JFK No. 4, in the City of Dubuque, Iowa, as shown on the attached
Exhibit A, be and the same is hereby approved.
Section 2. That the Mayor be authorized and directed to execute the Grant of Storm
Sewer Utility Easement and the City Clerk be and is hereby authorized and directed
to deliver said Grant of Easement to Switch Development at JFK, LLC.
Section 3. That the City Clerk be and is hereby authorized and directed to record a
certified copy of this Grant of Storm Sewer Utility Easement in the office of the Dubuque
County Recorder.
Passed, approved and adopted this June 16, 2025
a anagh, Mayor
Attest:
Adrienne N. Breitfelder, City Clerk
CERTIFICATE of the CITY CLERK
STATE OF IOWA
SS:
COUNTY OF DUBUQUE )
I, Adrienne N. Breitfelder, City Clerk, do hereby certify that I am the duly appointed,
qualified, City Clerk of the City of Dubuque, Iowa, in the County aforesaid, and as such
City Clerk, I have in my possession or have access to the records of the proceedings of the
City Council. I do further state that the hereto attached Resolution No. 222-25 is a true
and correct copy of the original.
In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque,
Iowa.
Dated at Dubuque, Iowa, on this 17th day of June 2025.
C15 4 -
Adrienne N. Breitfel er, City Clerk
Prepared by: Nate Kieffer. City of Dubuaue. 50 W 131h St. Dubuque IA 52001 (563) 589-4270
Retum to: Nate Kieffer, City of Dubuque, 50 W 130 St. Dubuque, IA 520014563) 589-4270
RESOLUTION NO. 223-25
RESOLUTION GRANTING A STORM SEWER UTILITY EASEMENT TO SWITCH
DEVELOPMENT AT JFK, LLC ACROSS PART OF THE NORTHWEST ARTERIAL
RIGHT OF WAY ADJACENT TO LOT 1 OF SWITCH DEVELOPMENT @ JFK NO. 4,
IN THE CITY OF DUBUQUE, IOWA
Whereas, Switch Development at JFK, LLC has requested a "Grant of Storm
Sewer Utility Easement" across Part of the Northwest Arterial Right of Way adjacent to
Lot 1 of Switch Development @ JFK No. 4, in the City of Dubuque, Iowa, for a private
storm sewer utility and rip rap; and
Whereas, the City of Dubuque Engineering Department has prepared and
submitted to the City Council an exhibit showing the easement area for the proposed
Grant of Storm Sewer Utility Easement across Part of the Northwest Arterial Right of Way
adjacent to Lot 1 of Switch Development @ JFK No. 4, in the City of Dubuque, Iowa; and
Whereas, the City Council of the City of Dubuque, Iowa, has determined that the
portion of Part of the Northwest Arterial Right of Way adjacent to Lot 1 of Switch
Development @ JFK No. 4, in the City of Dubuque, Iowa can be utilized for the for a
private storm sewer and rip rap, as shown on the Exhibit A, in the City of Dubuque, Iowa,
and should be approved.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Grant of Storm Sewer Utility Easement to Switch
Development at JFK, LLC be and the same is hereby approved.
Passed, approved and adopted this June 16, 2025
rad M agh, Mayor
Attest:
Adrienne N. Breitfelder, City Clerk
CERTIFICATE of the CITY CLERK
STATE OF IOWA
SS:
COUNTY OF DUBUQUE )
I, Adrienne N. Breitfelder, City Clerk, do hereby certify that I am the duly appointed,
qualified, City Clerk of the City of Dubuque, Iowa, in the County aforesaid, and as such
City Clerk, I have in my possession or have access to the records of the proceedings of the
City Council. I do further state that the hereto attached Resolution No. 223-25 is a true
and correct copy of the original.
In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque,
Iowa.
Dated at Dubuque, Iowa, on this 17th day of June 2025.
Adrienne N. Breitfelder, City Clerk
L/ ta
4
STATE OF IOWA SS:
4
DUBUQUE COUNTY
CERTIFICATE OF PUBLICATION
I, Kathy Goetzinger, a Billing Clerk for Woodward
Communications, Inc., an Iowa corporation, publisher
of the Telegraph Herald, a newspaper of general
circulation published in the City of Dubuque, County
of Dubuque and State of Iowa; hereby certify that the
attached notice was published in said newspaper on the
following dates:
06/06/2025
and for which the charge is 79.23
Subscribed to before me, a Notary Public in and for
Dubuque County, Iowa,
this 6th day of June, 2025
Notary
c in and for Dubuque Cbunty, Iowa.
11/4
0
Z
/Owa
JANET K. PAPE
7 Commission Number 199659
My Commission Expires
12/11 /2025
ram;. -
-kd tij )
Ad text :
CITY OF DUBUQUE, IOWA
OFFICIAL NOTICE
PUBLIC NOTICE is hereby given that the City Council of the
City of Dubuque, Iowa will hold a public hearing on the 16th
day of June 2025 at 6:30 p.m. in the Historic Federal
Building, 350 W. 6th Street, 2nd floor, Dubuque, Iowa, at
which meeting the City Council proposes to dispose of City
interest by Grant of Storm Sewer Utility Easement to Switch
Development at JFK, LLC across a portion of the Northwest
Arterial Right of Way, more particularly described as follows:
Part of the Northwest Arterial Right of Way adjacent to Lot
1 of Switch Development @ JFK No. 4, in the City of Dubuque,
Iowa
At the meeting, the City Council will receive in -person and
virtual comments from any resident or property owner of said
City to the above action. The official agenda will be posted
the Friday before the meeting and will contain public input
options. The City Council agenda can be accessed at
https://dubuqueia.portal.civicclerk.com/ or by contacting the
City Clerk's Office at 563-589-4100,
ctyclerk@cityofdubuque.org. At said time and place of public
hearings all interested citizens and parties will be given an
opportunity to be heard for or against said proposal.
Written comments regarding the above public hearings may be
submitted to the City Clerk's Office via email at
ctyclerk@cityofdubuque.org or by mail to City Clerk's Office,
City Hall, 50 W. 13th St., Dubuque, IA 52001, before said
time of public hearing. At said time and place of public
hearings the City Council will receive any written comments
received by the City Clerk's Office before said time of public
hearing.
Copies of supporting documents for the public hearings are
on file in the City Clerk's Office and may be viewed Monday
through Friday between 8:00 a.m. and 5:00 p.m.
Individuals with limited English proficiency, vision,
hearing, or speech impairments requiring special assistance
should contact the City Clerk's Office at (563) 589-4100, TDD
(563) 690-6678, ctyclerk@cityofdubuque.org as soon as
feasible. Deaf or hard -of -hearing individuals can use Relay
Iowa by dialing 711 or (800) 735-2942.
Published by order of the City Council given on the 2nd day
of June 2025.
Adrienne N. Breitfelder, CMC City Clerk
RESOLUTION NO. 187-25
RESOLUTION OF INTENT TO DISPOSE OF CITY INTEREST BY GRANT OF
STORM SEWER UTILITY EASEMENT TO SWITCH DEVELOPMENT AT JFK, LLC
ACROSS PART OF THE NORTHWEST ARTERIAL RIGHT OF WAY ADJACENT TO
LOT 1 OF SWITCH DEVELOPMENT @ JFK NO. 4, IN THE CITY OF
DUBUQUE, IOWA
Whereas, Switch Development at JFK, LLC has requested a
Grant of Storm Sewer Utility Easement across Part of the
Northwest Arterial Right of Way adjacent to Lot 1 of Switch
Development @ JFK No. 4, in the City of Dubuque, Iowa, for a
private storm sewer utility and rip rap; and
Whereas, the City of Dubuque Engineering Department has
prepared and submitted to the City Council an exhibit showing
the easement area for the proposed Grant of Storm Sewer
Utility Easement across Part of the Northwest Arterial Right
of Way adjacent to Lot 1 of Switch Development @ JFK No. 4, in
the City of Dubuque, Iowa.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. "That the City of Dubuque intends to grant a Storm
Sewer Utility Easement across Part of the Northwest Arterial
Right of Way adjacent to Lot 1 of Switch Development @ JFK No.
4, in the City of Dubuque, Iowa, as shown on the attached
Exhibit A.
Section 2. "That a public hearing on the intent to dispose of
City interest by Grant of Storm Sewer Utility Easement to
Switch Development at JFK, LLC across Part of the Northwest
Arterial Right of Way adjacent to Lot 1 of Switch Development
@ JFK No. 4, in the City of Dubuque, Iowa, is hereby set for
the 16th day of June 2025, at the Historic Federal Building,
350 W. 6th Street, Dubuque, Iowa, beginning at 6:30 p.m., and
the City Clerk be and is hereby authorized and directed to
cause a notice of public hearing on the intent to dispose of
said interest to be published in the manner as prescribed by
law.
Passed, approved and adopted this 2nd day of June 2025.
/s/Brad M. Cavanagh, Mayor
Attest: /s/Adrienne N. Breitfelder, City Clerk
It 6/6
L/ ta
4
STATE OF IOWA SS:
4
DUBUQUE COUNTY
CERTIFICATE OF PUBLICATION
I, Kathy Goetzinger, a Billing Clerk for Woodward
Communications, Inc., an Iowa corporation, publisher
of the Telegraph Herald, a newspaper of general
circulation published in the City of Dubuque, County
of Dubuque and State of Iowa; hereby certify that the
attached notice was published in said newspaper on the
following dates:
06/06/2025
and for which the charge is 79.23
Subscribed to before me, a Notary Public in and for
Dubuque County, Iowa,
this 6th day of June, 2025
Notary
c in and for Dubuque Cbunty, Iowa.
11/4
0
Z
/Owa
JANET K. PAPE
7 Commission Number 199659
My Commission Expires
12/11 /2025
ram;. -
-kd tij )
Ad text :
CITY OF DUBUQUE, IOWA
OFFICIAL NOTICE
PUBLIC NOTICE is hereby given that the City Council of the
City of Dubuque, Iowa will hold a public hearing on the 16th
day of June 2025 at 6:30 p.m. in the Historic Federal
Building, 350 W. 6th Street, 2nd floor, Dubuque, Iowa, at
which meeting the City Council proposes to dispose of City
interest by Grant of Storm Sewer Utility Easement to Switch
Development at JFK, LLC across a portion of the Northwest
Arterial Right of Way, more particularly described as follows:
Part of the Northwest Arterial Right of Way adjacent to Lot
1 of Switch Development @ JFK No. 4, in the City of Dubuque,
Iowa
At the meeting, the City Council will receive in -person and
virtual comments from any resident or property owner of said
City to the above action. The official agenda will be posted
the Friday before the meeting and will contain public input
options. The City Council agenda can be accessed at
https://dubuqueia.portal.civicclerk.com/ or by contacting the
City Clerk's Office at 563-589-4100,
ctyclerk@cityofdubuque.org. At said time and place of public
hearings all interested citizens and parties will be given an
opportunity to be heard for or against said proposal.
Written comments regarding the above public hearings may be
submitted to the City Clerk's Office via email at
ctyclerk@cityofdubuque.org or by mail to City Clerk's Office,
City Hall, 50 W. 13th St., Dubuque, IA 52001, before said
time of public hearing. At said time and place of public
hearings the City Council will receive any written comments
received by the City Clerk's Office before said time of public
hearing.
Copies of supporting documents for the public hearings are
on file in the City Clerk's Office and may be viewed Monday
through Friday between 8:00 a.m. and 5:00 p.m.
Individuals with limited English proficiency, vision,
hearing, or speech impairments requiring special assistance
should contact the City Clerk's Office at (563) 589-4100, TDD
(563) 690-6678, ctyclerk@cityofdubuque.org as soon as
feasible. Deaf or hard -of -hearing individuals can use Relay
Iowa by dialing 711 or (800) 735-2942.
Published by order of the City Council given on the 2nd day
of June 2025.
Adrienne N. Breitfelder, CMC City Clerk
RESOLUTION NO. 187-25
RESOLUTION OF INTENT TO DISPOSE OF CITY INTEREST BY GRANT OF
STORM SEWER UTILITY EASEMENT TO SWITCH DEVELOPMENT AT JFK, LLC
ACROSS PART OF THE NORTHWEST ARTERIAL RIGHT OF WAY ADJACENT TO
LOT 1 OF SWITCH DEVELOPMENT @ JFK NO. 4, IN THE CITY OF
DUBUQUE, IOWA
Whereas, Switch Development at JFK, LLC has requested a
Grant of Storm Sewer Utility Easement across Part of the
Northwest Arterial Right of Way adjacent to Lot 1 of Switch
Development @ JFK No. 4, in the City of Dubuque, Iowa, for a
private storm sewer utility and rip rap; and
Whereas, the City of Dubuque Engineering Department has
prepared and submitted to the City Council an exhibit showing
the easement area for the proposed Grant of Storm Sewer
Utility Easement across Part of the Northwest Arterial Right
of Way adjacent to Lot 1 of Switch Development @ JFK No. 4, in
the City of Dubuque, Iowa.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. "That the City of Dubuque intends to grant a Storm
Sewer Utility Easement across Part of the Northwest Arterial
Right of Way adjacent to Lot 1 of Switch Development @ JFK No.
4, in the City of Dubuque, Iowa, as shown on the attached
Exhibit A.
Section 2. "That a public hearing on the intent to dispose of
City interest by Grant of Storm Sewer Utility Easement to
Switch Development at JFK, LLC across Part of the Northwest
Arterial Right of Way adjacent to Lot 1 of Switch Development
@ JFK No. 4, in the City of Dubuque, Iowa, is hereby set for
the 16th day of June 2025, at the Historic Federal Building,
350 W. 6th Street, Dubuque, Iowa, beginning at 6:30 p.m., and
the City Clerk be and is hereby authorized and directed to
cause a notice of public hearing on the intent to dispose of
said interest to be published in the manner as prescribed by
law.
Passed, approved and adopted this 2nd day of June 2025.
/s/Brad M. Cavanagh, Mayor
Attest: /s/Adrienne N. Breitfelder, City Clerk
It 6/6