Proposed Conduit Facilities Agreement between the City of Dubuque and UnitiCity of Dubuque
City Council
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Copyrighted
October 6, 2025
ITEM TITLE: Proposed Conduit Facilities Agreement between the City of
Dubuque and Uniti
SUMMARY: City Manager recommending City Council approval of a
Conduit Facilities Agreement between the City and Uniti (and
its subsidiary McLeodUSA Telecommunications Services
LLC) to allow the two entities to share conduit and
telecommunications equipment in order to reduce costs and
improve services in the City of Dubuque.
SUGGUESTED Receive and File; Approve
DISPOSITION:
ATTACHMENTS:
1. MVM Memo
2. Windstream Council Memo
3. Windstream White street project FINAL
Page 150 of 1264
THE CITY OF
Dubuque
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All -America City
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Proposed Conduit Facilities Agreement between the City of Dubuque and
Uniti.
DATE: September 29, 2025
Civil Engineer III David Ness and Sustainable Innovation Consultant David Lyons are
recommending City Council approval of a Conduit Facilities Agreement between the
City and Uniti (and its subsidiary McLeodUSA Telecommunications Services LLC) to
allow the two entities to share conduit and telecommunications equipment in order to
reduce costs and improve services in the City of Dubuque.
The estimated market value of the space provided by Windstream/Uniti is $18,000 and
the estimated market value of the conduit provided by City is $19,019, making this
agreement a relatively neutral exchange of value. This agreement represents the lowest
cost option by far for the City to close this network gap.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Mic ael C. Van Milligen
MCVM:sv
Attachment
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
David Ness, Civil Engineer III
David Lyons, Sustainable Innovation Consultant
Barry Lindahl, Senior Counsel
Jim Bousley, Project Engineer
Joe Pregler, Chief Information Officer
Page 151 of 1264
THE CITY OF
DUrBQTE
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: David Ness, Civil Engineer III
David Lyons, Sustainable Innovation Consultant
Dubuque
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SUBJECT: Proposed Conduit Facilities Agreement between the City of Dubuque
and Uniti.
DATE: Sept 19, 2025
INTRODUCTION
The purpose of this memo is to request approval of a Conduit Facilities Agreement
between the City and Uniti (and its subsidiary McLeodUSA Telecommunications Services
LLC) to allow the two entities to share conduit and telecommunications equipment in
order to reduce costs and improve services in the City of Dubuque.
BACKGROUND
In 2016 the City of Dubuque undertook its Broadband Acceleration Initiative. The Initiative
focuses on public/private collaborations and includes a comprehensive strategy to reduce
the cost and time required for broadband expansions in Dubuque. This includes
expansion of the City's fiber network used to support public safety. The collaboration has
been extremely effective and the community is nearing 100% availability of fiber to the
home/business and enjoys significantly expanded fiber access for public safety purposes.
However, there remain a few "gaps" in that availability and coverage, normally due to a
specific issue such as topography, property access or distance. City staff continue to
analyze each gap and develop collaborations to close them.
DISCUSSION
One such gap in coverage exists in certain sections of downtown Dubuque due to the
existence of "green alleys". While these alleys are an aesthetic and environmental
improvement for the community, they make construction or replacement of
telecommunications conduit more difficult. In the case of most green alleys, the City can
avoid construction by going "aerial" for a short distance with its fiber. However, in the
areas covered by this agreement there is too little space on the existing electricity poles
in these alleys for the City to use for its fiber. Uniti has previously leased space on Alliant
poles in these areas for the potential future needs of their ISP subsidiary Windstream. If
this space were made available to the City, if could complete its aerial connections and
close the gap.
In speaking with Windstream, City staff discovered that Windstream had a need for
conduit to link their existing network to a major client, and that City has existing conduit
along that route with excess capacity. The teams met and proposed that both parties
achieve their objectives in a cost-effective way by sharing assets. In Windstream/Uniti's
case, they would share the space that they leased on Alliant poles with the City so it could
close this downtown gap. In the City's case, it would allow Windstream to place fiber in
Page 152 of 1264
existing City conduit to reach their client
BUDGETIMPACT
The estimated market value of the space provided by Windstream/Uniti is $18,000 and
the estimated market value of the conduit provided by City is $19,019, making this
agreement a relatively neutral exchange of value. This agreement represents the lowest
cost option by far for the City to close this network gap.
RECOMMENDATION AND ACTION REQUESTED
This Agreement supports Dubuque's Broadband Acceleration Initiative, assists a partner
ISP in expanding its service within the community and allows the City to cost effectively
extend its public safety fiber network. We would respectfully request your approval and
recommendation to City Council.
CC: Crenna Brumwell, City Attorney
Barry Lindahl, Senior Counsel
Jim Bousley, Project Engineer
Joe Pregler, Chief Information Officer
Page 153 of 1264
Page 154 of 1264
CONDUIT FACILITIES AGREEMENT
BY AND BETWEEN
THE CITY OF DUBUQUE IOWA AND
UNITI
THIS AGREEMENT, dated for reference purposes the day of
, 2025, is made and entered into by and between the City of
Dubuque ("City") and McLeodUSA Telecommunications Services, LLC, a part of the
Uniti family of companies ("Uniti") ("the Parties").
In consideration of the mutual covenants contained in this Agreement, the
sufficiency of which is acknowledged, the Parties agree as follows:
SECTION 1. IDENTITY OF THE PARTIES.
1.1 City is a political subdivision of the State of Iowa incorporated in accordance with
relevant provisions of Iowa law. City's address for purposes of this Agreement is City
Hall, 50 W. 13th Street, Dubuque, IA 52001.
1.2 Uniti is a limited liability company whose address for purposes of this Agreement
is 4005 N Rodney Parham Rd, Little Rock, AR 72212.
SECTION 2. DEFINITIONS. The following words shall have the meanings set forth
below. Words in the singular shall be held to include the plural and vice versa.
"Agreement" means this document including any conduit, equipment and services
referenced within this document.
"Designated Conduit" shall mean one 16/12 microduct the location of which is generally
described running from the NE corner of the intersection of White Street and East 24t"
Street to the SE Corner of the intersection of White Street and East 27t" Street and then
to the SE Corner of the intersection of East 27t" Street and Washington Street and as
further shown on Attachment A.
"Communications Equipment" means facilities or equipment provided, owned, managed
or installed by City in, around or on the Designated Conduit.
SECTION 3. PARTIES' OBLIGATIONS.
3.1 City shall provide Uniti access and permission to use the Designated Conduit, as
set out in Attachment A. The estimated one-time cost to City is Nineteen Thousand
Nineteen Dollars ($19,019.00) (2,717 If x $7 per If = $19,019) . Uniti shall bear the costs
of access and use of the Designated Conduit.
3.2 Uniti shall provide City with access and permission to use Uniti pole
authorizations on the Alliant utility poles identified in Attachment B. The estimated one-
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time cost to Uniti is Eighteen Thousand Dollars ($18,000.00) (36 poles X $500 per pole =
$18,000). City shall bear the cost of access and use of the designated poles.
3.3 City or City's authorized contractor shall perform all maintenance on the
Designated Conduit, including any conduit repairs, restoration, and relocation that
becomes necessary during the term of this Agreement. If City incurs any costs associated
with conduit repairs, restoration or relocation, Uniti shall reimburse City for fifteen percent
(15%) of the cost. If a third party is responsible for the conduit repair, restoration or
relocation and City is unable to collect the cost of the repair from the third party, Uniti shall
reimburse the City for Uniti's share of the cost of the repair as described above.
3.4 Each party will notify the other if it detects any problems that may interrupt
service. Uniti's contact is Stephen Kness at 319-538-1985 Stephen.Kness@uniti.com.
City's Coordinator: Dave Ness 563-589-1722 dness(a-)cityofdubugue.org
SECTION 4. TERM The initial term of this Agreement shall be twenty (20) years from
the day of , 2025 through the day of ,
2045 (the "Initial Term") unless terminated earlier in accordance with the Termination
section of this Agreement. Upon the expiration of the Initial Term, the Agreement may be
extended upon the mutual written agreement of the parties at no additional cost to either
party for an additional ten (10) year term.
SECTION 5. EXCLUSION OF WARRANTIES. City makes no warranty to Uniti or any
other entity, whether express, implied or statutory, as to the installation, description,
quality, merchantability, completeness, useful life, future economic viability, or fitness for
any particular purpose of the designated conduit or as to any other matter, all of which
warranties are hereby expressly excluded and disclaimed.
Uniti makes no warranty to City or any other entity, whether express, implied or statutory,
as to the installation, description, quality, merchantability, completeness, useful life, future
economic viability, or fitness for any particular purpose of the poles or strand which City
will access or as to any other matter, all of which warranties are hereby expressly
excluded and disclaimed.
SECTION 6. INDEMNIFICATION.
6.1 Uniti and City shall each indemnify and hold the other, their officers and
employees, harmless from and against any and all costs, expenses, losses, claims,
damages, liabilities, settlements and judgments arising directly out of the negligence or
wrongful acts or omissions of any of the officers, agents, or employees of the indemnifying
party in the performance of this Agreement.
6.2 Nothing contained herein shall operate as a limitation on the right of either party
hereto to bring an action for damages against any third party, including indirect, special
or consequential damages, based on any acts or omissions of such third party as such
acts or omissions may affect the construction, operation or use of the Designated Conduit;
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provided, however, that each party hereto shall assign such rights or claims, execute such
documents and do whatever else may be reasonably necessary to enable the other party
to pursue any such action against such third party.
SECTION 7. LIMITATION OF LIABILITY. Notwithstanding any provision of this
Agreement to the contrary, in no event shall either party be liable to the other party for
any special, incidental, indirect, punitive or consequential damages, arising out of, or in
connection with, transmission interruptions or problems, or any interruption or
degradation of service, including, but not limited to, damage or loss of property or
equipment, loss of profits or revenue, cost of capital, cost of replacement services, or
claims of customers, whether occasioned by any construction, reconstruction, relocation,
repair or maintenance performed by, or failed to be performed by, the other party for
breach of contract or breach of warranty.
SECTION 8. EQUIPMENT. Uniti shall have sole responsibility for installation, testing and
operation of Uniti fiber or equipment. City shall not be responsible for the operation or
maintenance of any Uniti fiber or equipment. City shall not be responsible for the
transmission or reception of communications or signals by Uniti's fiber or equipment or
for the quality of, or defects in, such transmission or reception.
SECTION 9. TERMINATION. Either party may terminate this Agreement for cause if
the other party breaches a material obligation of this Agreement and fails to correct the
breach within thirty (30) days of receiving written notice of the breach from the
non -breaching party.
SECTION 10. CONTRACT ADMINISTRATION.
10.1 Amendments. This Agreement may be amended in writing from time to time in the
same manner in which this Agreement was approved.
10.2 Third Party Beneficiaries. There are no third -party beneficiaries to this Agreement.
This Agreement is intended only to benefit Uniti and City.
10.3 Choice of Law and Forum. The laws of the State of Iowa shall govern and
determine all matters arising out of or in connection with this Agreement without regard
to the choice of law provisions of Iowa law. In the event any judicial proceeding is
commenced in connection with this Agreement, the exclusive jurisdiction and venue for
the proceeding shall be in the Iowa District Court for Dubuque County.
10.4 Integration. This Agreement, including all the documents incorporated by
reference, represents the entire Agreement between the parties and neither party is
relying on any representation that may have been made which is not included in this
Agreement. The parties agree that if a Schedule, Addendum, Rider or Exhibit or other
document is attached hereto by the parties, and referred to herein, then the same shall
be deemed incorporated herein by reference.
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10.5 Not a Joint Venture. Nothing in this Agreement shall be construed as creating or
constituting the relationship of a partnership, joint venture, (or other association of any
kind or agent/principal relationship) between the parties hereto. No party, unless
otherwise specifically provided for herein, has the authority to enter into any agreement
or create an obligation or liability on behalf of, in the name of, or binding upon another
party to this Agreement.
10.6 Waiver. Any breach or default by either party shall not be waived or released other
than by writing signed by the other party. Failure by either party at any time to require
performance by the other party or to claim a breach of any provision of the Agreement
shall not be construed as affecting any subsequent breach or the right to require
performance with respect thereto or to claim a breach with respect thereto.
10.7 Notices. Any and all notices, designations, consents, offers, acceptances or any
other communication provided for herein shall be given in writing (i) by registered or
certified mail, return receipt requested, or (ii) by receipted hand deliver, or (iii) by Federal
Express, courier, or other similar and reliable carrier, or (iv) by email, which shall be
addressed to each party as set forth as follows:
TO CITY: Michael C. Van Milligen
City Manager
50 W. 13t" Street
Dubuque, IA 52001
TO UNITI: (TBD)
WITH A COPY TO: Windstream.Legal.Notices@windstream.com
Each such notice shall be deemed to have been provided at the earliest of the following:
(a) at the time it is actually received; (b) in the case of overnight hand delivery courier or
services such as Federal Express with guaranteed next day delivery, within one day; or
(c) in the case of registered U.S. Mail, within five (5) days.
From time to time, the Parties may change the name and address of a party designated
to receive notice. Such change of the designated person shall be in writing to the other
Party and as provided herein.
10.8 Cumulative Rights. The various rights, powers, options, elections and remedies of
either party, provided in this Agreement, shall be construed as cumulative and no one of
them is exclusive of the others or exclusive of any rights, remedies or priorities allowed
either party by law. Nothing in this Agreement shall be construed as affecting, impairing
or limiting the equitable or legal remedies to which either party may be entitled as a result
of any breach of this Agreement.
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10.9 Severability. If any provision of this Agreement is determined by a court of
competent jurisdiction to be invalid or unenforceable, the invalid portion shall be severed
from this Agreement. Such a determination shall not affect the validity or enforceability of
any other part or provision of this Agreement.
10.10 Obligations beyond Agreement Term. This Agreement shall remain in full force
and effect to the end of the specified term or until terminated or canceled pursuant to this
Agreement. All obligations of the parties incurred or existing under this Agreement as of
the date of expiration, termination or cancellation will survive the expiration, termination
or cancellation of this Agreement.
10.11 Authorization. Each party to this Agreement represents and warrants to the other
that it has the right, power and authority to enter into and perform its obligations under
this Agreement and that it has taken all requisite action (corporate, statutory, or otherwise)
to approve execution, delivery and performance of this Agreement. This Agreement
constitutes a legal, valid and binding obligation upon the parties in accordance with its
terms.
10.12 Successors in Interest. All the terms, provisions, and conditions of the Agreement
shall be binding upon and inure to the benefit of the parties hereto and their respective
successors, assigns, and legal representatives.
10.13 Counterparts and Facsimile Signatures. The parties agree that this Agreement
has been or may be executed in several counterparts, each of which shall be deemed an
original and all such counterparts shall together constitute one and the same instrument.
The parties further agree that the signatures on this Agreement or any amendment or
schedule may be manual or a facsimile signature of the person authorized to sign the
appropriate document. All authorized facsimile signatures shall have the same force and
effect as if manually signed.
10.14 Taxes. City is a tax-exempt entity and no payment will be made for any taxes for
any purpose by City.
10.15 Further Assurances and Corrective Instruments. Uniti agrees that it will, from
time to time, execute, acknowledge and deliver, or cause to be executed, acknowledged
and delivered, such supplements hereto and such further instruments as may reasonably
be required for carrying out the expressed intention of this Agreement.
10.16 Assignment and Delegation. This Agreement may not be assigned, transferred
or conveyed in whole or in part without the prior written consent of the other party, which
shall not be unduly withheld. Notwithstanding anything to the contrary contained in this
Agreement, assignment or transfer shall not include, and any condition to assignment
shall not apply in the event of (i) a transfer of this Agreement to an entity which is the
parent of Uniti, subsidiary of Uniti, affiliate of Uniti, or shall directly or indirectly control, be
controlled by, or be under common control with, Uniti; (ii) a sale of ownership interest or
issuance of new ownership interests, directly or indirectly, in Uniti; (iii) a change of control;
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and/or (iv) a transaction in which any entity succeeds to all or substantially all of the assets
of Uniti or to all or substantially all of the assets operated by Uniti in a specific geographic
area containing the Designated Conduit whether by merger, consolidation, sale or
otherwise provided such successor entity assumes in full the obligations of Uniti under
this Agreement. Uniti shall notify City, in writing, of any such assignment or sublease
within ninety (90) days after its occurrence.
10.17 Insurance. Uniti shall at all times during the performance of this Agreement
maintain insurance as set forth in the attached Insurance Schedule.
SECTION 11. EXECUTION.
IN WITNESS WHEREOF, in consideration of the mutual covenants set forth above and
for other good and valuable consideration, the receipt, adequacy and legal sufficiency of
which are hereby acknowledged, the parties have entered into the above Agreement and
have caused their duly authorized representatives to execute this Agreement.
CITY OF DUBUQUE UNITI
/ � k�4
Michael C. Van Milligen, City Manager
Christopher L Proctor, VP-OSP Eng.
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INSURANCE SCHEDULE
The lessee, licensee, or permittee (Uniti) 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
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 blanket 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. Licensee is solely responsible for ensuring that its subcontractors maintain insurance coverage
that is usual, reasonable, and customary for the services provided by such contractors to ensure
that Licensee can meet its requirements and obligations under this Agreement.
9. 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.
10. All certificates of insurance must include agents name, phone number and email address.
11. 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.
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INSURANCE SCHEDULE (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 or equivalent. 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." or equivalent
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.
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C)
D)
E)
INSURANCE SCHEDULE A (Continued)
POLLUTION LIABILITY_
Coverage required: _ Yes _*_ 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
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 * No
Evidence of property coverage provided: _ Yes
Include the City of Dubuque as Lender Loss Payable.
RIGHT-OF-WAY WORK ONLY:
UMBRELLA/EXCESS
* Yes 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.
F) FLOOD INSURANCE
Yes * No
If Required Coverage
E
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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.
5. No Other Change in Policy. The above preservation of governmental immunities shall not
otherwise change or alter the coverage available under the policy.
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