Agreements with Dubuque Museum of Art and Cottingham & Butler Day Care for the Redevelopment of City Block bounded by Locust Street, West 8th Street, Bluff Street, and West 7th StreetCity of Dubuque
City Council
CONSENT ITEMS # 9.
Copyrighted
March 2, 2026
ITEM TITLE: Agreements with Dubuque Museum of Art and Cottingham &
Butler Day Care for the Redevelopment of the City Block
bounded by Locust Street, West 8th Street, Bluff Street, and
West 7th Street
SUMMARY: City Manager recommending City Council approval of
agreements with Dubuque Museum of Art (DUMA) and
Cottingham and Butler Day Care (CBDC) for the
redevelopment of the entire city block bounded by Locust
Street, West 8th Street, Bluff Street, and West 7th Street.
RESOLUTION Approving Agreements Between The City Of
Dubuque, Iowa And Dubuque Museum Of Art And The City
Of Dubuque, Iowa And CBDC, LLC For Construction Of
Certain Off -Site Public Improvements And Vacation And Sale
Of Portions The West 7th Street And Bluff Street Right Of
Way And A Portion Of The Alley Right Of Way In The Block
Bounded By Locust Street, West 8th Street, Bluff Street, And
West 7th Street, And Between City Lots 648 Thru 652 And
City Lots 623 Thru 627, In The City Of Dubuque, Iowa
SUGGUESTED Receive and File; Adopt Resolution(s)
DISPOSITION:
ATTACHMENTS:
MVM Memo Agreements Redevelopment of the City Block bounded by Locust
Street, West 8th St
2. 1 memo approving duma c&b da agreements 02192026
3. 2 Resolution approving duma c&b da agreements 02192026
4. 3 DUMA DA signed by DUMA 02202026 binder
5. 4 CBDC City Alley Vacate Agreement CB executed 02202026
Page 187 of 939
Dubuque
THE CITY OF
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rP PP 2017202019
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Agreements with Dubuque Museum of Art and Cottingham and Butler Day
Care for the Redevelopment of the City Block bounded by Locust Street,
West 8th Street, Bluff Street, and West 7th Street
DATE: February 23, 2026
City Engineer Gus Psihoyos is recommending City Council approval of agreements with
Dubuque Museum of Art (DUMA) and Cottingham and Butler Day Care (CBDC) for the
redevelopment of the entire city block bounded by Locust Street, West 8t" Street, Bluff
Street, and West 71" Street.
DUMA and CBDC have coordinated the redevelopment of said city block property. The
improvements include the recently constructed Cottingham and Butler day care facility
located in the northeast quadrant of the block and the proposed Dubuque Museum of
Art building and campus improvements in the remainder of the block area.
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
Gus Psihoyos, City Engineer
Nate Kieffer, CE III, PE/PLS
Page 188 of 939
THE CITY F
DU�BQTE
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
Dubuque
All -America City
2007.2012.2013
2017*2019
SUBJECT: Agreements with Dubuque Museum of Art and Cottingham and Butler Day
Care for the Redevelopment of the City Block bounded by Locust Street,
West 8t" Street, Bluff Street, and West 7t" Street
DATE: February 19, 2026
INTRODUCTION
The purpose of this memorandum is to request City Council approval of agreements
with Dubuque Museum of Art (DUMA) and Cottingham and Butler Day Care (CBDC) for
the redevelopment of the entire city block bounded by Locust Street, West 8t" Street,
Bluff Street, and West 7t" Street.
BACKGROUND
DUMA and CBDC have coordinated the redevelopment of said city block property. The
improvements include the recently constructed Cottingham and Butler day care facility
located in the northeast quadrant of the block and the proposed Dubuque Museum of
Art building and campus improvements in the remainder of the block area.
DISCUSSION
The City of Dubuque Development Review Team has finished it review of the
construction plans and will issue an approval letter after the agreements are fully
executed. The DUMA campus plan includes a new museum building (programs
pavilion, gallery pavilion, and collection pavilion area) and campus improvements such
as landscaped areas (courtyards, gardens, and a memorial grove), as well as an
elevated cafe patio area. The patio improvements and programs pavilion roof on the
south side encroach into the existing Seventh Street right of way and the landscaping
improvements on the west side encroach on the existing Bluff Street right of way. Both
the DUMA and CBDC site plans include utilization of the existing City alley right of way
area running north -south through the middle of the block to accommodate the museum
building and a shared use refuse and transformer enclosure area.
The agreements include the dedication of fee title to the adjoining street and alley rights
of way, from DUMA and CBDC to the City, followed by the subsequent vacation and
disposal of portions of those rights of way from the City to DUMA and CBDC to
accommodate the proposed development plans. Existing public and private utilities in
the right of way areas to be vacated have already either been abandoned or relocated
by DUMA and CBDC. The abandonment and/or relocation of these utilities has been
Page 189 of 939
coordinated with the utility owners. The vacation and disposal of the portions of 7t"
Street and Bluff Street are minimal and allow for City standard street widths once
reconstruction is complete. After reconstruction, traffic on Bluff Street will remain two
lanes southbound only, while traffic on 7t" Street will remain two ways east - west with
no changes in parking restrictions. After reconstruction, parking on Bluff will remain the
same with limited metered parking on the east side. Parking on 7t" will remain the same
with no parking on the south side of the street and two ADA parking stalls and drop/off
pick-up areas on the north side.
The DUMA plans require reconstruction of much of the north side 71" Street and east
side Bluff Street curb and gutter and sidewalk areas. DUMA plans to construct or
reconstruct certain public improvements in these public right of way, including storm
sewer utilities, storm sewer inlets, street lighting, pavements, and parking meters, which
said improvements DUMA plans to dedicate to the City of Dubuque for ownership and
maintenance. As such, the agreements included requirements for insurance, securities,
and inspection fees covering the proposed public improvements construction.
A copy of the agreements executed by DUMA and CBDC are attached.
RECOMMENDATION
I recommend that the City approve the agreements with DUMA and CBDC for the
redevelopment of the city block bounded by Locust Street, West 81" Street, Bluff Street,
and West 7t" Street, per the terms of the attached agreements.
ACTION TO BE TAKEN
I respectfully request adoption of the attached resolutions approving said agreements
and authorizing the City Manager to execute said agreements.
Attach.
Prepared by: Nate Kieffer, CE III, PE/PLS
Page 190 of 939
Prepared by: Nate Kieffer City of Dubuque 50 W. 13th Street Dubuque IA 52001 (563) 589-4270
Return to Adrienne N. Breitfelder, City Clerk, 50 W. 1311 St., Dubuque, IA 52001, (563) 589-4100
RESOLUTION NO. 58-26
APPROVING AGREEMENTS BETWEEN THE CITY OF DUBUQUE, IOWA AND
DUBUQUE MUSEUM OF ART AND THE CITY OF DUBUQUE, IOWA AND CBDC, LLC
FOR CONSTRUCTION OF CERTAIN OFF -SITE PUBLIC IMPROVEMENTS AND
VACATION AND SALE OF PORTIONS THE WEST 7T" STREET AND BLUFF STREET
RIGHT OF WAY AND A PORTION OF THE ALLEY RIGHT OF WAY IN THE BLOCK
BOUNDED BY LOCUST STREET, WEST 8T" STREET, BLUFF STREET, AND WEST 7T"
STREET, AND BETWEEN CITY LOTS 648 THRU 652 AND CITY LOTS 623 THRU 627,
IN THE CITY OF DUBUQUE, IOWA
WHEREAS, Dubuque Museum of Art, an Iowa nonprofit corporation, (DUMA) is
requesting the vacation and sale of portions the West 7th Street and Bluff Street right of way
and a portion of the alley right of way in the block bounded by Locust Street, West 8tn Street,
Bluff Street, and West 7th Street, and between City Lots 648 thru 652 and City Lots 623 thru
627 in the City of Dubuque, Iowa, and adjacent to its existing property in order to
accommodate the construction of the proposed DUMA museum campus improvements;
and
WHEREAS, CBDC, LLC, an Iowa limited liability company (CBDC) is requesting the
vacation and sale of a portion of the alley right of way in the block bounded by Locust Street,
West 8' Street, Bluff Street, and West 7th Street, and between City Lots 648 thru 652 and
City Lots 623 thru 627 in the City of Dubuque, Iowa, and adjacent to its existing property, in
order to accommodate the recently constructed day care center site improvements; and
WHEREAS, DUMA and CBDC are fee title holders to their respective streets and
alleys in the block adjacent to their respective properties (Streets and Alleys); and
WHEREAS, City currently has a right of way easement for street purposes over the
Streets and Alleys; and
WHEREAS, City desires to own the fee title to said Streets and Alleys; and
WHEREAS, DUMA and CBDC are willing to deed their respective rights to said
Streets and Alleys to City for fee title ownership by City; and
WHEREAS, City has agreed to vacate and sell certain street and alley right of way
areas to DUMA who will divide the alley right of way area and deed a portion of the alley
right of way area to CBDC; and
WHEREAS, DUMA and CBDC have agreed to divide the alley right of way areas
between themselves, in a fashion that is mutually agreed upon between DUMA and CBDC,
to accommodate the construction of the DUMA improvements and to accommodate the
CBDC improvements; and
WHEREAS, City, DUMA and CBDC would like to coordinate the deeding of the
Streets and Alleys and the vacation, division and sale of the right of way areas as part of
DUMA'S and CBDC's redevelopment of the block bounded by Locust Street, West 8th Street,
Bluff Street, and West 7th Street to complete the DUMA Improvements and CBDC
Improvements; and
WHEREAS, DUMA, CBDC, and City desire to enter into agreements with respect to
the deeding of the Streets and Alleys and vacation of the ROW Areas as set forth herein;
and
WHEREAS, DUMA's campus improvement plans include the construction or reconstruction
of certain public improvements in the public right of way, including storm sewer utilities,
storm sewer inlets, street lighting, pavements, and parking meters, which said
improvements DUMA plans to dedicate to the City of Dubuque for ownership and
maintenance; and
WHEREAS, the City Council finds that it is in the best interest of the City of Dubuque
to approve the agreements with DUMA and CBDC attached hereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. The agreements attached hereto are hereby approved.
Section 2. The City Manager is authorized and directed to execute the agreements
on behalf of the City of Dubuque and to take such action as may be necessary to carry out
the terms of the Agreement.
Passed, approved, and adopted this 2nd day of March, 2026.
PF
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Attest:
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Adrienne N. Breitfelder, City Clerk
AGREEMENT
BY AND BETWEEN
DUBUQUE MUSEUM OF ART
AND
THE CITY OF DUBUQUE, IOWA
This Agreement, dated for reference purposes the 17 day of
ehrL-`1t , 2026, is made and executed between the City of Dubuque, Iowa,
(City), a munic. al corporation, and Dubuque Museum of Art, an Iowa nonprofit
corporation (DUMA).
WHEREAS, DUMA is requesting the vacation and sale of portions the West 71h Street
and Bluff Street right of way and a portion of the alley right of way in the block bounded
by Locust Street, West 8th Street, Bluff Street, and West 7th Street, and between City Lots
648 thru 652 and City Lots 623 thru 627 in the City of Dubuque, Iowa, and adjacent to its
existing property, as shown on Page 2 of Exhibit A (the ROW Areas), the entirety of
Exhibit A is attached hereto and hereby incorporated by reference, in order to
accommodate the construction of the DUMA Improvements (defined below); and
WHEREAS, CBDC, LLC, an Iowa limited liability company (CBDC) is requesting the
vacation and sale of a portion of the alley right of way in the block bounded by Locust
Street, West 8th Street, Bluff Street, and West 7th Street, and between City Lots 648 thru
652 and City Lots 623 thru 627 in the City of Dubuque, Iowa, and adjacent to its existing
property, as shown on Page 2 of Exhibit A, in order to accommodate the construction of
its proposed day care center site improvements (the CBDC Improvements); and
WHEREAS, DUMA and CBDC are fee title holders to their respective streets and alleys
in the block adjacent to their respective properties as shown on Page 1 of Exhibit A
(Streets and Alleys); and
WHEREAS, City currently has a right of way easement for street purposes over the
Streets and Alleys; and
WHEREAS, City desires to own the fee title to said Streets and Alleys; and
WHEREAS, DUMA and CBDC are willing to deed their respective rights to said Streets
and Alleys to City for fee title ownership by City, in alignment with the areas outlined on
Page 1 of Exhibit A; and
WHEREAS, City has agreed to vacate and sell the ROW Areas to DUMA, in alignment
with the area outlined on Page 2 of Exhibit A.
WHEREAS, DUMA and CBDC have agreed to divide the ROW Areas between
themselves, in a fashion that is mutually agreed upon between DUMA and CBDC, as
shown on Page 3 of Exhibit A, to accommodate the construction of the DUMA
Improvements and to accommodate the CBDC Improvements; and
02182026 clean
Page 193 of 939
WHEREAS, City, DUMA and CBDC would like to coordinate the deeding of the Streets
and Alleys and the vacation, division and sale of the ROW Areas as part of DUMA's and
CBDC's redevelopment of the block bounded by Locust Street, West 8th Street, Bluff
Street, and West 7t1 Street to complete the DUMA Improvements and CBDC
Improvements; and
WHEREAS, DUMA and City desire to enter into an agreement with respect to the deeding
of the Streets and Alleys and vacation of the ROW Areas as set forth herein.
NOW, THEREFORE, IT IS AGREED BETWEEN THE PARTIES HERETO AS
FOLLOWS:
SECTION 1. CITY RESPONSIBILITIES. City agrees as follows:
1 After dedication of the Streets and Alleys by CBDC and DUMA, City shall vacate and sell
the ROW Areas as shown on Page 2 of Exhibit A, to DUMA for ten and 00/100's dollars
($10.00), to accommodate the DUMA Improvements and the CBDC Improvements
located within the block bounded by Locust Street, West 81h Street, Bluff Street, and West
7th Street. DUMA and CBDC have agreed to divide the ROW Areas amongst themselves,
in a fashion that is mutually agreed upon between DUMA and CBDC, as conceptually
shown on Page 3 of Exhibit A.
1.2 Upon receipt of the Plat of Survey for the ROW Areas, required under Section 2.3
of this Agreement, City shall timely submit the required documents to the City Council for
the next available public hearing and formal approval of the vacated ROW Areas.
1.3 Subject to City Council approval and reimbursement to City from DUMA for
publication and filing fees, City will execute and shall, at DUMA's expense, file of record
in the Office of the Dubuque County Recorder a Quit Claim Deed to DUMA for the vacated
ROW Areas.
1.4 City shall pay the survey consultant fee of $800.00 for the platting of the right of
way dedication of the Streets and Alleys, as shown in Page 1 of Exhibit A.
1.5 City shall grant to DUMA certain private sanitary sewer service and private storm
sewer easements over public right ways in the locations as conceptually shown on Exhibit
B, attached hereto and hereby incorporated by reference, and shall register associated
private utilities with the Iowa One Call System.
SECTION 2. DUMA RESPONSIBILITIES. DUMA agrees as follows:
2.1 DUMA will execute and shall, at City's expense, file of record in the Office of the
Dubuque County Recorder, a Quit Claim Deed for the respective Streets and Alleys
owned by DUMA, shown in Page 1 of Exhibit A, to City.
VJ
Page 194 of 939
2.2 DUMA shall submit a request to City to vacate and provide a sketch or plat of the
ROW Areas to be vacated, as shown on Page 2 of Exhibit A.
2.3 DUMA shall obtain a Plat of Survey by a licensed land surveyor for the proposed
ROW Areas, as shown in Page 2 of Exhibit A, which will show the boundaries of the area
and assign a legal description to the ROW Areas.
2.4 As a requirement of approval of the vacation of the ROW Areas, DUMA shall submit
to City signed consent to Right of Way vacation forms from all affected utility owners in
the ROW Areas. Consents shall be in a form mutually agreeable to City and DUMA.
2.5 As a requirement of approval of the vacation of the ROW Areas, to enter into an
agreement with CBDC to allow for CBDC to access the trash/electric enclosure that is
proposed to be located on DUMA property. DUMA shall submit to City the signed
easement agreement.
2.6 DUMA shall reimburse City for the cost of all publication, and filing fees of Two
Hundred Dollars ($200.00) associated with the vacating and sale process of the ROW
Areas promptly upon receipt of a statement from City.
2.7 Within sixty (60) days of closing, at DUMA's expense, to consolidate the vacated
ROW Areas owned by DUMA with another adjacent property owned by DUMA to create
one lot or lots that conforms to the City of Dubuque Unified Development Code Bulk
Standards for the combined lots.
2.8 DUMA shall dedicate for street right of way to the City of Dubuque any DUMA
property necessary so that all public sidewalks are located within City right of way areas
and not on private property, as conceptually shown on Page 4 of Exhibit A.
2.9 To provide to City exhibits to accompany the City easement(s) documents described
in Section 1.5 in a form acceptable to City. Exhibits associated with Section 1.5 shall be
prepared by a licensed land surveyor and shall be of survey quality (tied to platted lot
lines and corner monuments).
3.0 Public Improvements
PLANS AND PERMITS.
For the construction of DUMA's proposed art museum campus, DUMA must obtain and
submit to City copies of all applicable permits necessary for the proposed public
improvements shown on the final design plans, including, but not limited to, storm sewer
utilities, storm sewer inlets, street lighting, and parking meters, prior to commencing work
(the DUMA Improvements). All existing streetlights and parking meters shall be salvaged
to City by DUMA.
3
Pagel 95 of 939
DUMA must obtain all applicable permits and licenses required for working in City right-
of-way, if applicable.
DUMA must submit to City final design plans, that meet current City standards, for the
DUMA Improvements prior to commencing work. City will review and approve such plans
before work on the DUMA Improvements commences. If such plans are not approved,
City will provide feedback regarding the modifications necessary for approval.
BONDS.
DUMA must obtain a construction bond or other suitable security for one hundred ten
percent (110%) of the estimated total construction cost of the DUMA Improvements.
DUMA must obtain a maintenance bond or other acceptable security for twenty-five
percent (25%) of the estimated total construction cost of the DUMA
Improvements. DUMA must maintain this maintenance bond for two (2) years after date
that the City Council accepts the completed DUMA Improvements (Warranty Period).
INSPECTIONS AND ACCEPTANCE.
City will inspect the DUMA Improvements work throughout its implementation and at its
completion to ensure compliance with the approved plans and specifications. DUMA
must pay to City an inspection fee in the amount of three percent (3%) of the estimated
total construction cost for the DUMA Improvements.
City will conduct a final inspection upon the completion of the DUMA Improvements. If
the inspection establishes that the DUMA Improvements have been completed in
accordance with the approved plans and City requirements and specifications, the DUMA
Improvements will be accepted by City Council, starting the two (2) year Warranty Period.
SECTION 3. NOTICES.
All notices and correspondence related to this Agreement must be sent to the following:
If to DUMA: Dubuque Museum of Art
Attention: Gary Stoppelman
701 Locust Street
Dubuque, IA 52001
If to City: City of Dubuque, Iowa
Attention: Gus Psihoyos, City Engineer
50 West 13th Street
Dubuque, Iowa 52001
0
Page 196 of 939
SECTION 4. DEFAULT. In the event of default by DUMA, City reserves the right to
seek specific performance in Iowa District Court for Dubuque County. In the event of
default by City, DUMA shall have all rights and remedies available at law or in equity.
SECTION 5. MISCELLANEOUS.
5.1 This Agreement may not be assigned without the prior written consent of City. Such
written approval will not be unreasonably withheld.
5.2 This Agreement represents the entire Agreement between the parties. There are no
verbal additions to this Agreement, and all amendments, additions or changes to this
Agreement must be in writing and agreed to by both parties.
5.3 All covenants, conditions, and provisions of this Agreement will inure to the benefit
of and be binding upon the parties hereto and their respective successors, heirs and
assigns.
5.4 This Agreement is governed by the laws of the State of Iowa and venue for any action
arising from or related to this Agreement will be in the District Court of Iowa, Dubuque
County, Iowa,
5.5 If any term of this Agreement is found to be void or invalid, such invalidity will not
affect the remaining terms of this Agreement, which will continue in full force and effect.
5.8 As a requirement of approval of the vacation of the alley, CBDC and City shall also
execute a similar right of way vacation agreement.
5.9 The closing on the property with DUMA shall be no later than April 1, 2026.
6.0. This Agreement is subject to the approval of the City Council and upon compliance
with the requirements of Iowa Code § 403.8(2)(a) for the disposition of real property in an
urban renewal area. City represents and warrants it has and shall continue to comply with
all necessary requirements required under this Section and Iowa law.
CITY OF DUBUQUE, IOWA DUBUQUE My$E-tijUl OF ART
By: v
Michael C. Van Milligen
City Manager
By: W
Robert ethal
Vice President of Board of Trustees of
Dubuque Museum of Art
5
Page 198 of 939
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CONNECT TO EXITING 12"
LIVE TAP BY CITY OF DUBUQUE
REMOVE EXISTING SERVICE TO CORP STOP
4" COMBINED WATER SERVICE
4" TAPPING VALVE
2" DOMESTIC SERVICE
4" FIRE SERVICE
4" SANITARY SEWER SERVICE
INV AT BUILDING=638.50
DOUBLE SWEEP CLEANOUT
INV=638.45
SANITARY CLEANOUT
INV=638.19
4" SANITARY SEWER
80.4 LF @ 1.00%
SANITARY CLEANOUT
INV=637.38
4" SANITARY SEWER
74.7 LF @ 1.00%
4" SANITARY SEWER
79.5 LF @1.00%
SANITARY CLEANOUT
INV=636.63
SANITARY CLEANOUT
INV=635.88
4" SAN. SEWER SVC
INV=634.23
DOUBLE SWEEP
CLEANOUT
6" SANITARY SEWER
46.2 LF @ 7.09%
4" SANITARY SEWER
37.9 LF @ 7.09%
CONNECT TO EXISTING
WITH WYE FITTING
INV=629.79 F.V.
COLLECTIONS
PAVILION
FFE=644.00
MECHANICAL ROOMS
FFE=646.75
EXHIBITIONS
PAVILION
FFE=644.00
PROGRAMS
PAVILION
FFE=644.00
LOCUST STREET
BLUFF STREET
8T
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S
T
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E
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7T
H
S
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WASHINGTON
PARK
4"x6" WYE
INV=633.19
4" SANITARY SEWER
25.6 LF @ 1.00%
CONNECT TO EXISTING
STORM INLET
12" INV IN (EXIST)=636.93
15" INV OUT (EXIST)=636.69
15" INV IN=636.79
STORM JUNCTION
15" INV OUT =636.82
15" INV IN=636.92
15" STORM SEWER
38.1 LF @ 0.50%
15"x8" TEE
INV=637.11
15" STORM SEWER
33.9 LF @ 0.50%
STORM JUNCTION
15" INV IN=637.38
15" INV OUT=637.28
15" STORM SEWER
8.8 LF @ 0.50%
STORM JUNCTION
15" INV IN=637.52
15" INV OUT=637.42
**DO NOT ABANDON
EXISTING STORM UNTIL
PROPOSED STORM
SYSTEM IS INSTALLED
TO THIS JUNCTION
15" STORM SEWER
135.4 LF @ 0.50%
STORM AREA INLET
12" INV IN=638.45
15" INV OUT=638.20
12" STORM SEWER
41.9 LF @ 0.50%
STORM AREA INLET
8" INV IN=639.02
12" INV IN=638.95
12" INV OUT=638.85
20.6 LF 8" STORM
@ 8.74%
8" STORM SEWER SERVICE
INV AT BUILDING=640.75
CONNECT TO EXISTING
STORM INLET
15" INV OUT (EXIST)=636.40
12" INV IN=636.65
12" STORM SEWER
6.0 LF @ 0.50%
STORM JUNCTION
12" INV IN=636.78
12" INV OUT=636.68
12" STORM SEWER
97.5 LF @ 0.50%
STORM JUNCTION
12" INV IN=637.37
12" INV OUT=637.27
12" STORM SEWER
55.9 LF @ 0.50%
STORM JUNCTION
12" INV IN=637.75
12" INV OUT=637.65
12" STORM SEWER
35.5 LF @ 0.50%
STORM JUNCTION
12" INV IN=638.03
12" INV OUT=637.93
12" STORM SEWER
35.3 LF @ 0.50%
STORM JUNCTION
12" INV IN=638.31
12" INV OUT=638.21
12" STORM SEWER
130.2 LF @ 0.50%
TRENCH DRAIN
12" STORM SEWER
INV OUT = 638.96
TRENCH DRAIN
SLOPE BOTTOM TO
CENTER OUTLET
1.00% MIN
PROPOSED GAS METER
CONNECT SERVICE TO EXISTING
MAIN ON WEST SIDE OF BLUFF ST
PROPOSED IMON
FIBER OPTIC SERVICE
12" STORM SEWER
38.6 LF @ 0.50%
STORM AREA INLET
12" INV IN=638.74
6" INV IN=639.14
12" INV OUT=638.64
6" STORM SEWER
3.6 LF @ 42.37%
6" STORM SEWER SERVICE
INV AT BUILDING=640.75
EXPOSE NEWLY INSTALLED IMON/CITY
FIBER OPTIC CONDUIT PRIOR TO
TAPPING WATER MAIN. COORDINATE
TO ENSURE WATER SERVICE
CROSSES UNDER CONDUIT AND
MAINTAINS MINIMUM OF 5.5' COVER.
CALL BEFORE DIGGING
10" STORM SEWER
25.7 LF @ 0.50%
10" STORM SEWER SERVICE
INV AT BUILDING=638.50
30% CONSTRUCTION
DOCUMENTS (INTERNAL)
JULY 11, 2025
6" SANITARY SEWER
10.4 LF @ 10.00%
8" STORM SEWER SERVICE
INV=640.50
8" STORM SEWER
5.6 LF @ 60.5%
2" SHUT OFF
4" PIV
2" TYPE K COPPER DOMESTIC SERVICE
4" DIP WITH NITRILE GASKETS FIRE SERVICE
AGREEMENT
BY AND BETWEEN
CBDC, LLC
AND
THE CITY OF DUBUQUE, IOWA
This Agreement, dated for reference purposes the 2nd day of
March , 2026, is made and executed between the City of Dubuque, Iowa,
(City), a municipal corporation, and CBDC, LLC (CBDC), an Iowa limited liability
corporation.
WHEREAS, CBDC is requesting the vacation and sale of a portion of the
approximately 5,122 square foot alley right of way in the block bounded by Locust Street,
West 8th Street, Bluff Street, and West 7th Street, and between City Lots 648 thru 652 and
City Lots 623 thru 627 in the City of Dubuque, Iowa, and adjacent to its existing property,
as shown on Page 2 of Exhibit A attached hereto and herby incorporated by reference, in
order to accommodate the construction of its day care center site improvements (CBDC
Improvements); and
WHEREAS, Dubuque Museum of Art, an Iowa nonprofit corporation, (DUMA) is
requesting the vacation and sale of a portion of the approximately 5,122 square foot alley
right of way in the block bounded by Locust Street, West 8th Street, Bluff Street, and West
7th Street, and between City Lots 648 thru 652 and City Lots 623 thru 627 in the City of
Dubuque, Iowa, and adjacent to its existing property, as shown on attached Exhibit A, in
order to accommodate the construction of its proposed art museum campus (DUMA
Improvements); and
WHEREAS, CBDC and DUMA are fee title holders to their respective streets and alleys
in the block adjacent to their respective properties as shown on Page 1 of Exhibit A
(Streets and Alleys); and
WHEREAS, City currently has a right of way easement for street purposes over said
Streets and Alleys; and
WHEREAS, the City desires to own the fee title to said Streets and Alleys; and
WHEREAS, CBDC and DUMA are willing to deed their respective rights to said Streets
and Alleys to City for fee title ownership by City in accordance with the areas outlined on
Page 1 of Exhibit A; and
WHEREAS, City has agreed to vacate and sell ROW Areas to DUMA, in accordance with
the area outlined on Page 2 of Exhibit A; and
WHEREAS, DUMA and CBDC have agreed to divide the ROW Areas between
themselves, in a fashion that is mutually agreed upon between DUMA and CBDC, as
shown on Page 3 of Exhibit A, to accommodate the construction of the DUMA
Improvements and to accommodate CBDC Improvements; and
WHEREAS, City, CBDC and DUMA would like to coordinate the deeding of the Streets
and Alleys and the vacation, division and sale of the ROW Areas as part of CBDC's and
DUMA's redevelopment of the block bounded by Locust Street, West 8th Street, Bluff
Street, and West 7th Street to complete the DUMA Improvements and the CBCD
Improvements; and
WHEREAS, CBDC and City desire to enter into an agreement with respect to the deeding
of the Streets and Alleys and vacation of the ROW Areas as set forth herein.
NOW, THEREFORE, IT IS AGREED BETWEEN THE PARTIES HERETO AS
FOLLOWS:
SECTION 1. CITY RESPONSIBILITIES. City agrees as follows:
1 After dedication of the Streets and Alleys by CBDC and DUMA, City shall vacate and sell
the ROW Areas as shown on Step 2 of Exhibit A to DUMA for ten and 00/100's dollars
($10.00), to accommodate the CBDC Improvements and the DUMA Improvements
located within the block bounded by Locust Street, West 8th Street, Bluff Street, and West
7th Street. DUMA and CBDC have agreed to divide the ROW Areas amongst themselves,
in a fashion that is mutually agreed upon between DUMA and CBDC, as conceptually
shown on Page 3 of Exhibit A.
1.2 Upon receipt of the Plat of Survey for the ROW Areas, required under Section 2.3
of this Agreement, City shall timely submit the required documents to the City Council for
the next available public hearing and formal approval of the vacated ROW Areas.
1.3 Subject to City Council approval and reimbursement to City from CBDC for
publication and filing fees, City will execute and deliver a Quit Claim Deed to DUMA for
the vacated ROW Areas.
1.4 City will pay the survey consultant fee of $800 for the platting of the right of way
dedication of the Streets and Alleys, as shown in Page 1 of Exhibit A.
SECTION 2. CBDC RESPONSIBILITIES. CBDC agrees as follows:
2.1 CBDC will execute a Quit Claim Deed for the respective Streets and Alleys owned
by CBDC, shown in Page 1 of Exhibit A, to City at no cost.
2.2 CBDC will submit a request to City to vacate and provide a sketch or plat of the ROW
Areas to be vacated.
2.3 CBDC acknowledges that DUMA, at DUMA's expense, will have a Plat of Survey
prepared by a Licensed Land Surveyor for the proposed alley vacation area, as shown in
Page 205 of 939
Page 2 of Exhibit A, which will show the boundaries of the area and assign a legal
description to the property.
2.4 As a requirement of approval of the vacation of the alley, CBDC will submit to City
signed consent to Right of Way vacation forms from all affected utility owners in the ROW
Areas. Consents shall be in a form mutually agreeable to City and CBDC.
2.5 CBDC will reimburse City for the cost of all surveying, publication, and filing fees of
Two Hundred Dollars ($200.00) associated with the vacating and sale process of the
ROW Areas promptly upon receipt of a statement from City.
2.6 Within sixty (60) days of closing, at CBDC's expense, CBDC will consolidate the
vacated ROW Areas owned by CBDC with another adjacent property owned by CBDC to
create one lot or parcel that conforms to the City of Dubuque Unified Development Code
Bulk Standards for the combined lots.
SECTION 3. NOTICES.
All notices and correspondence related to this Agreement must be sent to the following:
If to CBDC: CBDC, LLC
Attention: Angie Long and Maureen Quann
800 Main Street
Dubuque, IA 52001
If to City: City of Dubuque, Iowa
Attention: Gus Psihoyos, City Engineer
50 West 13t" Street
Dubuque, Iowa 52001
SECTION 4. DEFAULT. In the event of default by CBDC, City reserves the right to seek
specific performance in Iowa District Court for Dubuque County. In the event of default
by City, CBDC will have all rights and remedies available at law or in equity.
SECTION 5. MISCELLANEOUS.
5.1 This Agreement may not be assigned without the prior written consent of the City.
Such written approval will not be unreasonably withheld.
5.2 This Agreement represents the entire Agreement between the parties. There are no
verbal additions to this Agreement, and all amendments, additions or changes to this
Agreement must be in writing and agreed to by both parties.
5.3 All covenants, conditions, and provisions of this Agreement will inure to the benefit
of and be binding upon the parties hereto and their respective successors, heirs and
assigns.
3
Page 206 of 939
5.4 This Agreement is governed by the laws of the State of Iowa and venue for any action
arising from or related to this Agreement will be in the District Court of Iowa, Dubuque
County, Iowa.
5.5 If any term of this Agreement is found to be void or invalid, such invalidity will not
affect the remaining terms of this Agreement, which will continue in full force and effect.
5.6 All terms and conditions of the Irrevocable License recorded as Instrument Number
2024-00003954 in the Dubuque County Recorder's Office, authorizing Cottingham and
Butley to construct a building foundation and roof on public street right of way, remain in
full force and effect.
5.7 All terms and conditions of the Revocable License recorded as Instrument Number
2024-00003955 in the Dubuque County Recorder's Office, authorizing Cottingham and
Butler to construct a storm sewer and catch basin on the public alley right of way shall
remain in full force and effect until such time that City vacates and disposes of the alley
area to DUMA.
5.8 As a requirement of approval of the vacation of the alley, DUMA and City shall also
execute a similar alley vacation agreement.
5.9 The closing on the property with DUMA shall be no later than April 1, 2026.
SECTION 6. URBAN RENEWAL. This Agreement is subject to the approval of the City
Council and upon compliance with the requirements of Iowa Code § 403.8(2)(a) for the
disposition of real property in an urban renewal area. City represents and warrants it has
and shall continue to comply with all necessary requirements required under this Section
and Iowa law.
CITY OF DUBUQUE, IOWA
By: !/
MichaE4 C. Van Milligen
City Manager
CBDC, LLC
By: (�VA4
Andkew Butler, Expoltive Chairman
0
EXHIBIT A
PROPOSED STREET DEDICATION AND VACATED ALLEY RIGHT-OF-WAY
Page 208 of 939
Plat of Survey of: EXHIBIT A
CITY LOT 623A AND CITY LOT 627A
in the City of Dubuque, Iowa PAGE 1
FOR THE VACATION OF THE EXISTING ALLEY BETWEEN CITY
LOTS 648 THRU 652 & CITY LOTS 623 THRU 627
INDEX LEGEND
Location: CITY LOT 623A AND CITY LOT 627A
NE114 of Section 25, T89N, R2E of the 5th P.M.,
Dubuque County, Iowa
Requestor: Andrew Butler C/o CDttingham 6 Butler
Proprietors of Alley: City of Dubuque 50 W 13th St. Dubuque, IA 52001
Surveyor. Terry L. Koelker
Company: Bussing & Associates, Inc.
1212 Locust St., Dubuque, IA 52001 PREPARED BY: BUESING & ASSOCIATES ADORESS 1212 LOCUST STREET,
Return To: tlkoelker@buesing.com (563)556-4W9 DUBUQUE. IOWA PHONE-'(563) 5 L%s
/
CBDC TO
DEDICATE
MAGENTA AREAS
TO CITY FOR
STREET RIGHT OF
t WAY
Yh CB•
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\
E
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CON
CURRENT PROP.
p 0. LINE BETWEEN
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(APPROX.
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, ;
t,
49
6111
ALREADY
S ebt*� DEEDED TO CITY
FOR STREET N DUMA
RIGHT OF WAY w 61a
°�
CITY LOT 623A
2 835 SF
DUMA
tq0 p 5 90 t2
1
2; Vt
46'i 66
S SURVEY DESCRIPTION
FOR THE VACATION OF THE EXISTING ALLEY BETWEEN CRY LOT 548 7MRU CITY
DUMA TO ITY LOT 62' 1 SEE DETAIL
Y CORNEA OF
DEDICATE BLUE k ALSO BONG FOR 7TH
THENCE SO
AREAS TO CITY ' y`C'Om`5BI° AND BLUFF
LEGEN FOR STREET 2ao, AREAS ON
(UNN IR SE NOTED) RIGHT OF WAY THENCE NOR11
FOUND % AST LINE OF
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e (UNLESS O7HFRWISE NOTED) E SOUTHERLY
PLACED 5/8' REROD W/ORANGE THENCE NORTH 68"L2'37' EAST ALONG SATR
Q 'KOELKER TO THE POINT OF BEGINNING: CONTAINING EXHIBIT A
MR 1548Y ,722
PLASTIC CAP MARKED
SURVEYED BOUNDARY LINE �/1��
PROPERTY LINENOTES
RIGHT OF WAY LINE 1. ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEREOF.
IP IRON PRE 2.TOTAL AREA OF PERIMETER SURVEYED IS 5,122 SF.
IS PLAT IS SUBJECT TO ALL EASEMENTS OF RECORD AND NOT OF RECORD, 01 25' 50' 100,
SF SQUARE FEET 'a
( ) RECORD DIMENSION 4. BEARING IS BASED FROM NAD83, ZONE 1401, IOWA NORTH COORDINATE SYSTEM- SCALE: 1• 5V
�1�TIR111111111p11/ll, I HEREBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT WAS AS ES I N G
RELATED SURVEY K WAS THA RMED BY
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15487 • LICENSE NUMBER 15487 SUTVEY DATE 03/02/2023 PLOT DAIS 11/21/2023
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• *� MY LICENSE RENEWAL DATE IS DECEMBER 31, 2023 DWG. NO. 23020-DIPOS SCALE 1' - 50'
'//7lyHllq�IN11111N
SHEFTS COVERED BY THIS SEAL : SHEFIS 1 & 2 SHEET 1 OF 3
Page 209 of 939
Plat of Survey of:
CITY LOT 623A AND CITY LOT 627A
in the City of Dubuque, Iowa
FOR THE VACATION OF THE EXISTING ALLEY BETWEEN CITY
LOTS 648 THRU 652 & CITY LOTS 623 THRU 627
INDEX LEGEND
Location: CITY LOT 623A AND CITY LOT 627A
NE114 of Section 25, T89N, R2E of the 5th P.M.,
Dubuque County, Iowa
Requestor: Andrew Butler C/0 CDtlingham 6 Butler
Proprietors of Alley: City of Dubuque 50 W 13th St. Dubuque, IA 52001
Surveyor. Terry L. Koelker
Company: Bussing & Associates, Inc.
1212 Locust St., Dubuque, IA 52001
Return To: tlkoelker@buesing.com (563)5564W9
EXHIBIT A
PAGE 2
PREPARED BY: BUESING & ASSOCIATES ADDRESS 1212 LOCUST STREET,
DUBUQUE. IOWA PHONE r5631 556-4389
/_n
\
\
BLUFF STREET �"'ot 62R AT \\
\66,Rg3g8�P- AREA TO DUMA '� a "�` "`
5 Rg6iR� DUMA \
�m DUMA a N 1
0\ N dam\ ��0, p1"P,
t�cm^ �\ CITY LOT 623A
2835 SF
\ $\ CITY TO VACATE
AND DEED 13.5'
WIDE 7TH STREET
AREA TO DUMA
SURVEY FO�VACATION OF THE EIOS ING ALLLEYC13ETIVEENOCITY LOT 648 THRU CITY
LOT 525 & CITY LOT 623 THRU CITY LOT 627 I
BEGINNING AT THE NORTHWESTERLY CORNER OF SEE DETAIL
OUBUOUE. DUBUQUE COUNTY, IOWA, ALSO BONG FOR 7TH
WAY OF WEST (BOW) BTH STREET; THENCE
SDUn
WESTERLY LINE OF CITY LOTS 627. ROW OF WEST 7TH STREE6. 625 62 A N D BLUFF
256.23 FEET TO THE SOUTHEASTERLY
CORNER O
LEGEND THE NORTHERLY T: THE
ALONG SAID ROW, A DISTANCE OF 20.00 FEET AREAS ON
Wo
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e FOUND
UN "NDSS O7NFRWISE NOTED) DISTANCE OF 256.25 FEET TO THE SOUTHERLYrELZBWZ
TF
PLACED 5/8' MR RER00 W/ORANGE THENCE NORTH 68'42'37' EAST ALONG SAID RO
Q PLASTIC CAP MARKED'KOEI/(ER 1548r TO THE POINT OF BEGINNING: CONTAINING 5,722
SURVEYED BOUNDARY LINE T��
PROPERTY LINEu �/1
RIGHT OF WAY LINE 1, ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEREOF.
IP IRON PRE 2.TOTAL AREA OF PERIMETER SURVEYED IS 5.122 SF.
SF SQUARE FEET 3.7HIS PLAT IS SUBJECT TO ALL EASEMENTS OF RECORD AND NOT OF RECORD, 01 25' 50, 100'
RECORD ( ) RECODIMENSION 4.BEARING IS BASED FROM NAD83, ZONE 1401, IOWA NORTH COORDINATE SYSTEM. SCALE: 1• 5V
,PgoBnlWnn
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15487 •
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LICENSE NUMBER 15487
DWG. No. 23020-MPOS SCALE 1'
•
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MY LICENSE RENEWAL DATE IS DECEMBER 31, 2023
SHEETS COVERED BY THIS SEAL : SHEETS 1 & 2
SHEET 1 OF 3
Page 210 of 939
Plat of Survey of:
CITY LOT 623A AND CITY LOT 627A
in the City of Dubuque, Iowa
FOR THE VACATION OF THE EXISTING ALLEY BETWEEN CITY
LOTS 648 THRU 652 & CITY LOTS 623 THRU 627
INDEX LEGEND
Location: CITY LOT 623A AND CITY LOT 627A
NE114 of Section 25, T89N, R2E of the 5th P.M.,
Dubuque County, Iowa
Requestor: Andrew Butler C/0 COttingham 6 Butler
Proprietors of Alley: City of Dubuque 50 W 13th St. Dubuque, IA 52001
Surveyor. Terry L. Koelker
Company: Bussing & Associates, Inc.
1212 Locust St., Dubuque, IA 52001
Return To: tlkoelker@buesing.com (563)5564W9
EXHIBIT A
PAGE 3
PREPARED BY: BUESING & ASSOCIATES ADDRESS 1212 LOCUST STREET,
DUBUWE IOWA PHONE r5631 556-4369
w tY w> 6ZA EDGI
vl °s INDI(
sBB6<p9Bl P
A9 DUMA (AP
�m Z DUMA
DUMA �RETAINS 0 d V S N P�PCE PURPLE AREA
CITY LOT 623A �
1 0\ 2,835 SIF TA.. 0-0
\ �1
FOR THE VACATION OF SURVEY DES THE EXISTING ALLLEYC13ETWEENOCITY LOT e45 THRU CITY
LOT 525 & CITY LOT 623 THRU CITY LOT 627 I
BEGINNING AT THE NORTHWESTERLY CORNEA OF SEE DETAIL
CIUBUGUE. DUBUQUE COUNTY, IOWA, ALSO REIN FOR 7TH
/ WAY OFF (BOW) BTH STREET; THENCE 50
WESTERLY UNE OF CITY LOTS 627, 626. 625 6 AND BLUFF
2HE N FEET TO THE OFWEST
7THSOUTHEASTERLY CORNE
R
LEGEND THE NORTHERLY ROW OF WEST 7M STREET: TH
ALONG SAID ROW, A DISTANCE OF 20.o0 FEET AREAS ON
IBM PIPE
(UNLFOUESS • OTHER WSE NOTED) OF THENCE NORT
EASTOT I OF UNE ID O�iAND THE EAST EAST LINE OF
e FOUND(UNLEOTHERWISE NOTED, DISTANCE OF 256.25 FEET TO THE SOUTHERLY SHEET 4 OF
PLACED 'A.WON RER00 W/ORANGE THENCE NORTH 66'42'37' EAST ALONG SAID R
O PLASTIC CAP MARKED 'KOEIKER 1548Y TO THE POINT OF BEGINNING: CONTAINING 5.1 EXHIBIT A
SURVEYED BOUNDARY LINE �/1T��
PROPERTY LINENOTES
�� _ RIGHT OF WAY LINE 1. ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEREOF.
IP IRON PIPE 2.TOTAL AREA OF PERIMETER SURVEYED IS 5.122 SF.
SF SQUARE FEET 3.7HIS PLAT IS SUBJECT TO ALL EASEMENTS OF RECORD AND NOT OF RECORD. O'
( ) RECORD DIMENSION 4.BEARING IS BASED FROM NAD83, ZONE 1401, IOWA NORTH COORDINATE SYSTEM.
25' 50' 100'
SCALE: 1' — 5V
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PREPARED AND 1NE REUTED SURVEY WORK WAS PERFORMED BY ME
pUESING
Im
\\��0.:ppTU•.RS ��//'
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OR UNDER MY DIRECT PERSONAL SUPERVISION AND THAT I AM A DULY
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ASSOCIATES INC.
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1212 LOCUST ST, DUMUE, W
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DRAWN BY: JJL CHECKED BY:
- 15487 '
Y L It (DATE)
SURVEY DATE 03/02/2023 PLOT DATE 1
"i�� •••
' *�
LICENSE NUMBER 15487
DWG. No. 23020-DIPOS SCALE 1'
•
llgIIINI1,8N
MY LICENSE RENEWAL DATE IS DECEMBER 31, 2023
SHEETS COVERED BY THIS SEAL : SHEETS 1 & 2
SHEET 1 OF 3
Page 211 of 939