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Grant of Easement to Holy Family Catholic Schools, Dubuque, IowaCity of Dubuque City Council Copyrighted August 17, 2026 ITEMS SET FOR PUBLIC HEARING # 1. ITEM TITLE: Grant of Easement to Holy Family Catholic Schools, Dubuque, Iowa SUMMARY: City Manager recommending City Council set a public hearing to be held on September 8, 2026, to consider disposal of City interest by the granting of an Embankment Easement over the City owned property in Veterans Memorial Park to Holy Family Catholic Schools (HFCS), Dubuque, Iowa. RESOLUTION Intent To Dispose Of City Interest By Grant Of Embankment Easement To Holy Family Catholic Schools, Dubuque, Iowa, Across Part Of Lot 1 Of Mineral Lot 383 All In The City Of Dubuque, Iowa SUGGUESTED Receive and File; Adopt Resolution(s), Set Public Hearing for DISPOSITION: September 8, 2026 ATTACHMENTS: 1. MVM Memo Grant of Easement to Holy Family Catholic Schools, Dubuque, Iowa 2. 1 hfcs embankment easement cc memo 07302026 3. 2 hfcs embankment easement resolution 07302026 4. 3 hfcs grant of embankment easement final signed 5. 4 site access agreement fully executed hfcs 07282026 6. 5 Notice —of Public_Hearing_hfcs embank ease THE CITY OF Dubuque DuBE uFA�a9a av Masterpiece on the Mississippi rP PP zoo�•*o 13 2017202019 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Grant of Easement to Holy Family Catholic Schools, Dubuque, Iowa DATE: August 11, 2026 City Engineer Gus Psihoyos is recommending City Council set a public hearing to be held on September 8, 2026, to consider disposal of City interest by the granting of an Embankment Easement over the City owned property in Veterans Memorial Park to Holy Family Catholic Schools (HFCS), Dubuque, Iowa. HCFS is currently planning a large-scale campus improvement project affecting most of the Wahlert campus north of the existing school building complex. The improvements include site grading, new tennis courts, baseball fields, football field, track and field facilities, practice field, and storm water detention facilities. As part of their campus redevelopment plans, they have proposed an earthen embankment to be located on the disc golf course area of the city park. The earthen embankment will support the proposed football field and track. All appropriate City staff including the parks department have reviewed and approved of the plan and easement. I concur with the recommendation and respectfully request Mayor and City Council approval. k�4 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, CE III, PE/PLS THE CITY OF DUB E 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: Grant of Easement to Holy Family Catholic Schools, Dubuque, Iowa DATE: August 3, 2026 INTRODUCTION This is in response to a request from Holy Family Catholic Schools, Dubuque, Iowa (HFCS) for the granting of an embankment easement across City owned property in Veterans Memorial Park as part of a proposed Wahlert campus improvements project. DISCUSSION HCFS is currently planning a large-scale campus improvement project affecting most of the Wahlert campus north of the existing school building complex. The improvements include site grading, new tennis courts, baseball fields, football field, track and field facilities, practice field, and storm water detention facilities. As part of their campus redevelopment plans, they have proposed an earthen embankment to be located on the disc golf course area of the city park. The earthen embankment will support the proposed football field and track. All appropriate City staff including the parks department have reviewed and approved of the plan and easement. The attached grant of easement document defines responsibilities for HFCS and the City as follows: HFCS Responsibilities- • Per plans reviewed and approved by Grantor, perform all grading and restoration work to City standards. • Provide all necessary insurance and indemnification for all construction work performed on Grantor property. • Ensure the site is restored to Grantor's satisfaction upon completion, including trees and associated landscaping per the site plans reviewed and approved by Grantor. • Be responsible for any defects or settling that occur in the Easement Area for a warranty period of two years. City Responsibilities - • Maintain the surface of the embankment • Reserve/have free enjoyment of use of Easement Area for uses compatible with a public park as well as right to install utilities above and below ground. HFCS has signed the Acceptance of Easement included in the Grant of Embankment Easement attached agreeing to the terms and conditions listed above. Due to a tight construction timeline, the City and HFCS have entered into the attached Site Access Agreement to begin the embankment work contemplated in the grant of easement. RECOMMENDATION I would recommend that the Grant of Embankment Easement to HFCS over the City owned property in Veterans Memorial Park be forwarded to City Council to be set for public hearing. ACTION REQUESTED The attached resolution should be submitted to the City Council for consideration and to set a public hearing on September 8, 2026 for disposal of City interest by the granting of an Embankment Easement to Holy Family Catholic Schools, Dubuque, Iowa. Prepared by Nate Kieffer, CE III, PE/PLS cc: Bob Schiesl, Assistant City Engineer 2 Prepared by Nate Kieffer City of Dubuque Engineering, 50 W. 131h Street Dubuque IA 52001 (563) 589-4270 Return to Adrienne N. Breitfelder, City Clerk 50 W. 13t1 Street Dubuque IA 52001 (563) 589-4100 RESOLUTION NO. 313-26 RESOLUTION OF INTENT TO DISPOSE OF CITY INTEREST BY GRANT OF EMBANKMENT EASEMENT TO HOLY FAMILY CATHOLIC SCHOOLS, DUBUQUE, IOWA, ACROSS PART OF LOT 1 OF MINERAL LOT 383 ALL IN THE CITY OF DUBUQUE, IOWA Whereas, Holy Family Catholic Schools, Dubuque, Iowa (HFCS) has requested a Grant of Embankment Easement across PART OF LOT 1 OF MINERAL LOT 383 ALL IN THE CITY OF DUBUQUE, IOWA, for constructing and maintaining an earthen sports field embankment for lateral support; and Whereas, Origin Design has prepared and submitted to the City Council an exhibit showing the easement area for the proposed earthen sports field embankment across PART OF LOT 1 OF MINERAL LOT 383 ALL 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 Storm Water Detention Basin and Sports Field Easement to HFCS across PART OF LOT 1 OF MINERAL LOT 383 ALL 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 Water Detention Basin and Sports Field Easement to HFCS across PART OF LOT 1 OF MINERAL LOT 383 ALL IN THE CITY OF DUBUQUE, IOWA, is hereby set for the 8th day of September 2026, at the Historic Federal Building (and/or by virtual means), 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 17th day of August 2026. ra M. CavarT919-f, r Attest: Adrienne N. Breitfelder, City Clerk Prepared by: Nate Kieffer 50 W. 13'h Street Dubuque Iowa 52001 (563-589-4270) Return to: Nate Kieffer 50 W. 13'h Street Dubuque Iowa 52001 (563-589-4270) GRANT OF EMBANKMENT 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 Holy Family Catholic Schools, Dubuque, Iowa ("Grantee"), its lessees, licensees, successors and assigns, from the date hereof, a non-exclusive easement (the Embankment Easement) through, under and across the following described real estate situated in Dubuque, Iowa, to wit: PART OF LOT 1 OF MINERAL LOT 383 ALL IN THE CITY OF DUBUQUE, IOWA Said Embankment Easement shall be as shown on the attached Easement Exhibit A (the Easement Area), for the purpose of constructing and maintaining an earthen sports field embankment for lateral support 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. Along with the right to occupy the temporary easement area(s) as shown on the attached Easement Exhibit A until the completion of the Improvements. The temporary easement shall expire after completion and inspection of the Improvements by City. 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. Notwithstanding the foregoing, Grantor shall be solely responsible for the maintenance of any improvements it constructs in the Easement Area. Grantor, its successors and assigns, agrees to pay for any damage caused to Grantee's Improvements from the construction or maintenance of any such additional improvements by Grantor in the Easement Area. 07302026 Grantee's Additional Responsibilities: • Per plans reviewed and approved by Grantor, perform all grading and restoration work to City standards. • Provide all necessary insurance and indemnification for all construction work performed on Grantor property. • Ensure the site is restored to Grantor's satisfaction upon completion, including trees and associated landscaping per the site plans reviewed and approved by Grantor. • Be responsible for any defects or settling that occur in the Easement Area for a warranty period of two years. Grantor's Additional Responsibilities: • Maintain the surface of the embankment • Reserve/have free enjoyment of use of Easement Area for uses compatible with a public park as well as right to install utilities above and below ground. If either party fails to maintain its respective Improvements, as defined above, after written notice to such party, the non -defaulting party may take such action as it deems necessary and submit any costs and expenses for such maintenance to the defaulting party, which party shall reimburse the non -defaulting party for such costs and expenses promptly upon receipt of a statement for such costs and expenses. Grantor reserves unto itself the perpetual right in the Easement Area for the purpose of erecting, installing, 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 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 Easement. Grantor shall defend, indemnify and hold harmless Grantee, its officers and employees from and against any claim and cost of any kind, including without limitation, attorneys' fees and consulting fees, arising out Grantor's negligence in the performance of this Grant of 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. Modification and Termination. This Grant of Embankment Easement may not be modified or terminated except by written agreement of the parties. 2 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 Embankment Easement. Dated at Dubuque, Iowa this day of , 2026. [SIGNATURE PAGES TO FOLLOW] 3 CITY OF DUBUQUE Brad M. Cavanagh, Mayor NOTARY PUBLIC STATE OF IOWA, COUNTY OF DUBUQUE, SS: On this day of , 2026 before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Brad M. Cavanagh, Mayor of the City of Dubuque, who executed the within and foregoing instrument and acknowledged that he executed the same as his voluntary act and deed on behalf of the Grantor. Notary Public In and For Said State n ACCEPTANCE OF EASEMENT Holy Family Catholic Schools, Dubuque, Iowa accepts the terms and conditions of the Grant of Easement. Holy Family Catholic Schools, Dubuque, Iowa By: Phill' Bormann, C ief Administrator NOTARY PUBLIC STATE OF IOWA ) ) SS. COUNTY OF DUBUQUE ) On this 10A day of 4 —'i , 2026, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Phillip Bormann, who executed the within and foregoing instrument and acknowledged that he/she executed the same as his/her voluntary act and deed on behalf of Holy Family Catholic Schools, Dubuque, Iowa. 901'TRACEY L. STECKLEIN Notary Public K nd For Said State s� z° : Commission Number 716016 low�• My C,o(nmissionExpires EXHIBIT A PKWAMU UT: Vnwlry --1 — ,o, innn. u,,.—, ....... .... ------- EASEMENT EXHIBIT A PERMANENT GRADING AND MAINTENANCE EASEMENT AND TEMPORARY GRADING EASEMENT ON PART OF LOT 1 OF MINERAL LOT 383 IN THE CITY OF DUBUQUE, IOWA EX PERMANENT DETENTION BASIN EASEMENT CURRENT TEMPORARY EASEMENT I FOR DETENTION BASIN GRADING 25 N70o28'09"E I 31.35'^` 882'36'03" I --�..E ,108.50' S73o10'S0" E N1o,p3ya"� ' 27.30`' o ay^� �p;5 �O• • F M rS85o29'16"W 64.a5' 108.90' 'POB NORTHEAST CORNER OF LOT 1-1 IN ST. MARY'S PLACE PERMANENT GRADING AND MAINTENANCE EASEMENT 15,868 SQ. FT. LOT 1-1, ST. MARY'S PLACE OWNER: HOLY FAMILY EASTERLY LINE OF LOT 1-1, ST. MARY'S PLACE BEGINNING AT THE NORTH EAST CORNER OF LOT 1-1 IN ST. MARY'S PLACE; THENCE SOUTH 85'29'16" WEST ALONG THE NORTH LINE OF SAID LOT 1-1, 108.90 FEET; THENCE NORTH 63'10'11" EAST, 70.30 FEET; THENCE NORTH 70'28'09" EAST, 31.35 FEET; THENCE SOUTH 73'1050" EAST, 27.30 FEET; THENCE SOUTH 53'05'51" EAST, 68.00 FEET; THENCE SOUTH 29'01'25" EAST, 80.00 FEET; THENCE SOUTH 10'15'52" EAST, 89.00 FEET; THENCE SOUTH 10'54'41" WEST, 76.09 FEET; THENCE SOUTH 12'35'44" EAST, 26.31 FEET, TO THE EASTERLY LINE OF SAID LOT 1-1; THENCE NORTH 21'33'44" WEST, 282.36 FEET, ALONG SAID EASTERLY LINE TO THE POINT OF BEGINNING; CONTAINING 15,868 SQUARE FEET MORE OR LESS. SURVEYOR'S NOTES: 1. PROPRIETOR: CITY OF DUBUQUE. 2. SURVEY WAS COMPLETED FOR HOLY FAMILY 3. BEARINGS ARE REFERENCED TO IOWA STATE PLANE NORTH ZONE, NAD83(2011) 4. THIS SURVEY IS SUBJECT TO EASEMENTS, RESERVATIONS, RESTRICTIONS AND RIGHTS OF WAY OF RECORD AND NOT OF RECORD. 5. TOTAL AREA OF PERMANENT EASEMENT IS 15,868 SQ. FT. +/- LEGEND EXISTING PROPERTY • - — PROPOSED EASEMENT POB POINT OF BEGINNING () RECORDED AS FOUND 5/8" REBAR ® UNLESS OTHERWISE NOTED LOT 1 OF MINERAL LOT 383 OWNER: CITY OF DUBUQUE s TEMPORARY \ao GRADING ' EASEMENT . 32,701 SQ. T. \) o® N / r M� n. 1 •v N p , �' rN N r S12"35'44"E 26.31' NORTH GRAPHIC SCALE 0 60 120 1"=60' DRAWING MAY HAVE BEEN REDUCED INSURANCE SCHEDULE INSURANCE SCHEDULE A 1. HFCS (licensee) 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. Lease Agreement dated 2. All policies of insurance required hereunder shall be with an insurer authorized to do business in Iowa and all insurers shall have a rating of A or better in the current A.M. Best's Rating Guide. HFCS shall have the right to self -insure any or all of the coverages below. Each certificate shall be furnished to the Finance Department of the City of Dubuque. 4. The lessee, licensee, or permittee shall be required to carry the minimum coverage/limits, or greater if required by law or other legal agreement, in Exhibit I. Failure to provide the required minimum coverage shall not be deemed a waiver of such requirements by the City of Dubuque. 5. Failure to obtain or maintain the required insurance shall be considered a material breach of the lease, license, or permit. 6. All required endorsements shall be attached to the certificate. The certificate is due before the contract/agreement can be approved. 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 Chief Financial Officer. The lessee, licensee, or permittee must identify and list in writing all deviations and exclusions from the ISO form. 8. If lessees, licensees, or permittee limits of liability are higher than the required minimum limits then the lessee's, licensee's, or permittee's limits shall be this agreement's required limits. 9. Lessee, licensee, or permittee shall require all subcontractors and subcontractors to obtain and maintain during the performance of work insurance for the coverages described in this Insurance Schedule. Lessee, licensee, or permittee agrees that it shall be liable for the failure of a subcontractor and sub -subcontractor to obtain and maintain such coverage 10. Lessee, license & permittees shall be responsible for deductibles and self -insured retention and for payment of all policy premiums and other costs associated with the insurance policies required below. 11. All certificates of insurance must include the agent's name, phone number and email address. 12. 13. The City of Dubuque reserves the right to modify these requirements, including limits, based on changes in risk or other special circumstances during the term of the agreement, subject to the written mutual agreement attached hereto. 7 INSURANCE SCHEDULE A (Continued) EXHIBIT I A) COMMERCIAL GENERAL LIABILITY General Aggregate Limit $2,000,000 Products -Completed Operations Aggregate Limit $1,000,000 Personal and Advertising Injury Limit $1,000,000 Each Occurrence $1,000,000 Fire Damage Limit (any one occurrence) $50,000 Medical Payments $5,000 1) " 2) Include endorsement indicating that coverage is primary and non-contributory. 3) 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. Policy shall include Waiver of Right to Recover from Others Endorsement. B) E) RIGHT-OF-WAY WORK ONLY: UMBRELLA/EXCESS $5,000,000 * Yes No The General Liability, Automobile Liability and Employer's Liability 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. ��I THE CITY OF DUB E Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Nate Kieffer, PLS DATE: July 28, 2026 Dubuque All -America ClW 2007-2012.2013 2017*2019 RE: Request to Sign Site Access Agreement between the City of Dubuque and Holy Family Catholic Schools Attached is a site access agreement between the city of Dubuque and Holy Family Catholic Schools. Holy Family Catholic Schools (HFCS) is requesting early access to City of Dubuque property at Veteran's memorial park. As part of their campus redevelopment plans, HFCS has proposed an earthen embankment on the disc golf course area of the park. All appropriate City staff, including the parks department, have reviewed and approved of the plan. Engineering has worked with the City Attorney's office to prepare an early site access agreement which will allow Holy Family to begin work before the grant of easement from the City is finalized. It would be appreciated if you would execute the attached document. Please return it to the Engineering office for further processing. Attach. cc: Kerry Bradley, Eng. Dept. SITE ACCESS AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE, IOWA AND HOLY FAMILY CATHOLIC SCHOOLS This Site Access Agreement (the Agreement) is made and entered into this 28th day of July , 2026, by and between the City of Dubuque, Iowa, an Iowa municipal corporation (City) and Holy Family Catholic Schools, Dubuque, Iowa (HFCS). WHEREAS, City is the owner of the real estate legally described as LOT 1 OF MINERAL LOT 383 ALL IN THE CITY OF DUBUQUE, IOWA (the Site); and WHEREAS, HFCS is planning for the construction of an earthen embankment located on the Site to provide lateral support for a proposed sports field located on HFCS owned property being the Wahlert Catholic High School campus, all as shown on the attached Site Plan, Exhibit A; and WHEREAS, HFCS is requesting that City grant HFCS a permanent easement for the construction and maintenance of said earthen embankment (the Grant of Easement); and WHEREAS, due to time constraints, HFCS requires access to the Site prior to the formal Grant of Easement to complete the construction of said earthen embankment; and WHEREAS, City desires to allow HFCS access to the Site for such purposes prior to the Grant of Easement from City subject to the conditions set forth herein. NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS: SECTION 1. ACCESS TO SITE. City hereby grants to HFCS, its counsel, accountants, agents and representatives full and continuing access to the Site and all parts thereof, upon reasonable notice to City and at HFCS's sole expense, for the following activities: construction of an earthen embankment and associated turf restoration and landscaping (the Project) as shown in the approved Site Plan on file with the City Engineer, and such other work as City and HFCS shall agree in writing if substantially different from those anticipated activities. SECTION 2. RESTORATION OF SITE. HFCS acknowledges that any site preparation or other work performed by HFCS is at HFCS's sole risk. HFCS agrees to timely pay and discharge all claims of any kind by its contractors, subcontractors and suppliers with respect to any work performed on the Site, including but not limited to claims for labor or material furnished in connection therewith, and to defend, indemnify and hold harmless each of City from and against any and all such claims. If the 07012026 Easement Agreement described in Section 7 is not executed by City and HFCS as required ed by Section 7, HFCS shall restore all disturbed surfaces that are disturbed during HFCS's work for the Project to nearly as reasonable possible as it was prior to HFCS's work within 60 days after the termination of this Agreement. This obligation shall survive the termination of this Agreement. SECTION 3. CONDITION OF THE SITE. City makes no warranty or representation as to the condition of the Site, including environmental conditions. HFCS takes the site "as is." HFCS acknowledges that any work performed by HFCS and/or its contractor(s) at the Site is at its sole risk. HFCS shall ensure that all work at the Site is done in accordance with all applicable laws and permits and in a good worker -like manner. Following work at the Site each day, HFCS and its contractors shall not leave the Site in a condition reasonably believed by HFCS and/or its contractor(s) to be a hazardous or unsafe condition. HFCS and its contractor(s) are solely responsible for obtaining any and all permits required for the work to be conducted at the Site. No hazardous chemicals and wastes may be stored or disposed of on the Site and all such materials must be used only as allowed by law. HFCS shall be responsible for identifying any and all utilities serving the Site prior to conducting invasive work on the Site. SECTION 4. SHARING OF INFORMATION. HFCS shall provide City with copies of any and all reports and documents resulting from the work conducted at the Site upon the request of the City, as applicable. In the event such information is confidential, it shall be managed by the parties pursuant to a separate Confidentiality Agreement. HFCS and/or its contractor(s) shall notify the City immediately upon discovery of any condition at the Site reasonably believed by HFCS and/or its contractor(s) to be a hazardous or unsafe condition at the Site. SECTION 5. INDEMNIFICATION. HFCS shall defend, indemnify and hold harmless the City and their respective officers, directors, agents and employees from and against any claim and cost of any kind, including without limitation, reasonable attorneys' fees and consulting fees, to the extent caused by any negligent work at the Site by or on behalf of HFCS and its contractors, excluding any negligence, misrepresentation or any unlawful act of the City. This obligation shall survive the termination of this Agreement. SECTION 6. INSURANCE. HFCS shall provide insurance as set forth in the attached Insurance Schedule. SECTION 7. EASEMENT AGREEMENT. This Agreement is conditioned upon and subject to City and HFCS executing the Easement Agreement substantially in the form of Exhibit B within 60 days of completion of the Project . If the Easement Agreement is not executed by City and HFCS withing such sixty (60) day period, this Agreement shall terminate. CITY OF DUBUQUE, IOWA By: AAZLW4 k�k Mi hael Van Milligen City Manager HOLY FAMILY CATHOLIC SCHOOLS, DUBUQUE, IOWA Philip ormann, Chief Administrator EXHIBIT A SITE PLAN SITE ACCESS AGREEMENT EXHIBIT A ON / .. P 301 51 FL RCP 722.35 / P 24_ 72453 psi E G �Q I /� � y. �� - s, �Q4q�.a 3 _ 1 phi I EX STM R 2 C2 49 Kt'P F F. FI 855-74 p 5_�01 O HORIZONTAL SCALE IN FEET 0 100 200 DRAWING MAY HAVE BEEN REDUCED I l WiA EX PERMANENT DETENTION BASIN EASEMENT '5' CURRENT TEMPORARY EASEMENT FOR DETENTION BASIN GRADING i RIM 83 C\ 36.12� / 0 SEX -C RE 80643 2 _ RIMIM 835.895.89� G ® C8 RCG3 LPT 80651 C RIM 9 O D 4 p D EX / D RIM / o 0 �} X'G CM CB RCG3 80675 RIM 836.07 E% G ®C9 RCG RIn4 836.09 XLC O C\ RMC8351RC INTA 0 f RECONSTRUCT TEE BOX AS IS. COORDINATE FINAL PLACEMENT WITH THE CITY OF DUBUQUE TEMPORARY GRADING EASEMENT - I.. e� < Is - REMOVE TREES AND BRUSH AND REGRADE. REMOVE AND REPLACE DISC GOLF BASKETS. COORDINATE FINAL .� GRADING AND PLACEMENT OF DISC GOLF BASKETS WITH THE CITY OF DUBUQUE PARKS DEPARTMENT. TPERMANENT GRADING AND J INTENANCE EASEMENT _ I\ 1 ® / �\ ��Y rL u`o ' �� �ASTIC 80438 �RIM TIM. i RI STM .8 5 63 1 E S FL 842.47 �i ^ az // ;r Nr kT �L6@d�447 "PVC 59.82 � 9.05 50 EX CL C1R G W - G INTA C459 P 8 6.49 SUZ4RC INTAKE 50\ IRC INTA CE 275 M R 66.37 C ❑ RIM 86 3 dM 86 .14 ty{` A7K s9463 78•' RCP NE, F .7 12"" RCP.'?uW�L 84 64 O RI 61.89 2 PIPES S, F 7. 12RC9 SE, FL 847. 4 EEL N, FL PVC E, FL 857.39 �s\ O \ 1� RCP E, FL 855.39 a R MCL 761NTAKE 80242 �G� -865, 1 RCP NW, FL 854.41 •� T, 86 " RCP SE, FL 854.51 O J -RI CL CIRC INTAKE 80230 9 II � � � RIM 865.33 \ + 12" RCP NW, FL 858.33 12RCP SE, FL 858.43 EX SAN MH 50 e� / Fr _870-- �ESY �pfl'MH 50001' E513 RI r 0 8 � -870- 87o 65 3" CLAY N, FL 863 25 �•�6 S / 6" CLAY S,'L 863.35 1 F ? s 8" CLAY W, FL 863.20 1 �• \ 4 �6• _ cg" 9 5 EX MSAN H,50021 �� � C6' 3 / 8' Cl, 6208 \ c5„ � .6' / CLAW 203 �EX SAN,MH 50038 6' 11 AY W, FL 866.51 0 ., F859.00 \ KA\v 8 CLAY E, FL 866.46 p EX SA H 200749/ , •(� V 76.32 p~ �� \N 8"' CLAY N, FL 859.32 W �' 8" CLAY E, FL 859.72 EX G ®CB 1fi9-� W- 8" CLAY S, FL 859-22 - - - PROPOSED KEYED NOTES 1. TENNIS COURT (FUTURE) 2. SOFTBALL FIELD (FUTURE) 3. BASEBALL FIELD (FUTURE) 4. TRACK & FIELD (FUTURE) 5. TRACK THROWING AREA (FUTURE) 6. PRACTICE FIELD C b,O (n O N X •-- O 0 tm 1 z • - O am 0 z N 0 ]C O 3 origindesign.com 800 556-4491 HOLY FAMILY CATHOLIC SCHOOLS Project Name PLATFORM FOR EXCELLENCE - SITE IMPROVEMENTS DUBUQUE, IA 52001 Sheet Title PROPOSED CONDITIONS C1,20 EXHIBIT B GRANT OF EASEMENT Prepared by: Nate Kieffer 50 W. 131h Street Dubuque Iowa 52001 (563-589-4270) Return to: Nate Kieffer 50 W. 13th Street Dubuque Iowa 52001 (563-589-4270) GRANT OF EMBANKMENT 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 Holy Family Catholic Schools, Dubuque, Iowa ("Grantee"), its lessees, licensees, successors and assigns, from the date hereof, a non-exclusive easement (the Embankment Easement) through, under and across the following described real estate situated in Dubuque, Iowa, to wit: PART OF LOT 1 OF MINERAL LOT 383 ALL IN THE CITY OF DUBUQUE, IOWA Said Embankment Easement shall be as shown on the attached Easement Exhibit A (the Easement Area), for the purpose of constructing and maintaining an earthen sports field embankment for lateral support 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. Along with the right to occupy the temporary easement area(s) as shown on the attached Easement Exhibit A until the completion of the Improvements. The temporary easement shall expire after completion and inspection of the Improvements by City. 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. Notwithstanding the foregoing, Grantor shall be solely responsible for the maintenance of any improvements it constructs in the Easement Area. Grantor, its successors and assigns, agrees to pay for any damage caused to Grantee's Improvements from the construction or maintenance of any such additional improvements by Grantor in the Easement Area. Grantee's Additional Responsibilities: • Per plans reviewed and approved by Grantor, perform all grading and restoration work to City standards. • Provide all necessary insurance and indemnification for all construction work performed on Grantor property. • Ensure the site is restored to Grantor's satisfaction upon completion, including trees and associated landscaping per the site plans reviewed and approved by Grantor. 07012026 • Be responsible for any defects or settling that occur in the Easement Area for a warranty period of two years. Grantor's Additional Responsibilities: • Maintain the surface of the embankment • Reserve/have free enjoyment of use of Easement Area for uses compatible with a public park as well as right to install utilities above and below ground. If either party fails to maintain its respective Improvements, as defined above, after written notice to such party, the non -defaulting party may take such action as it deems necessary and submit any costs and expenses for such maintenance to the defaulting party, which party shall reimburse the non -defaulting party for such costs and expenses promptly upon receipt of a statement for such costs and expenses. Grantor reserves unto itself the perpetual right in the Easement Area for the purpose of erecting, installing, 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 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 Easement. Grantor shall defend, indemnify and hold harmless Grantee, its officers and employees from and against any claim and cost of any kind, including without limitation, attorneys' fees and consulting fees, arising out Grantor's negligence in the performance of this Grant of 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. Modification and Termination. This Grant of Embankment Easement may not be modified or terminated except by written agreement of the parties. 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 Embankment Easement. Dated at Dubuque, Iowa this day of [SIGNATURE PAGES TO FOLLOW] 2026. 2 CITY OF DUBUQUE Az Brad M. Cavanagh, Mayor NOTARY PUBLIC STATE OF IOWA, COUNTY OF DUBUQUE, SS: On this day of , 2026 before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Brad M. Cavanagh, Mayor of the City of Dubuque, who executed the within and foregoing instrument and acknowledged that he executed the same as his voluntary act and deed on behalf of the Grantor. Notary Public In and For Said State 9 ACCEPTANCE OF EASEMENT Holy Family Catholic Schools, Dubuque, Iowa accepts the terms and conditions of the Grant of Easement. Holy Family Catholic Schools, Dubuque, Iowa Phillip Bormann, Chief Administrator NOTARY PUBLIC STATE OF IOWA ) ) SS. COUNTY OF DUBUQUE ) On this day of , 2026, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Phillip Bormann, who executed the within and foregoing instrument and acknowledged that he/she executed the same as his/her voluntary act and deed on behalf of Holy Family Catholic Schools, Dubuque, Iowa. Notary Public In and For Said State Cl 1W:4:1WIW-11 EASEMENT EXHIBIT A PERMANENT GRADING AND MAINTENANCE EASEMENT AND TEMPORARY GRADING EASEMENT ON PART OF LOT 1 OF MINERAL LOT 383 IN THE CITY OF DUBUQUE, IOWA • I EX PERMANENT DETENTION BASIN EASEMENT CURRENT TEMPORARY EASEMENT FOR DETENTION BASIN GRADING �25' LOT 1 OF MINERAL LOT 383 IV70028'09"E I OWNER: CITY OF DUBUQUE 31.35'� S82°35'03"E I- 108.50' s IN100035�j 27.30' �a 0 o \ co L 0 S85°2916"W 54.45' 108.90, `c90 POB NORTHEAST CORNER OF LOT 1-1 IN ST. MARY'S PLACE C0 �s TEMPORARY PERMANENT GRADING AND 2� o GRADING MAINTENANCE EASEMENT o EASEMENT 15,868 SQ. FT. ww 32,701 SQ. FT. ! win I LOT 1-1, ST. MARY'S PLACE OWNER: HOLY FAMILY �\ a a . °o . 0 Ov EASTERLY LINE OF LOT 1-1, ST. MARY'S PLACE 3 /� 'IV •h to � `'' BEGINNING AT THE NORTHEAST CORNER OF LOT 1-1 IN ST. MARY'S PLACE; THENCE SOUTH 85°29'16" WEST ALONG THE NORTH LINE OF SAID LOT 1-1, 108.90 FEET; THENCE NORTH 53'10'11" EAST, 70.30 FEET; THENCE NORTH 70°28'09" EAST, 31.35 FEET; THENCE SOUTH 73°10'50" EAST, 27.30 FEET; THENCE SOUTH 53°05'51" EAST, 68.00 FEET; THENCE SOUTH 29°01'25" EAST, 80.00 FEET; THENCE SOUTH 10°15'52" EAST, 89.00 FEET; THENCE SOUTH 10°54'41" WEST, 76.09 FEET; THENCE SOUTH 12°35'44" EAST, 26.31 FEET, TO THE EASTERLY LINE OF SAID LOT 1-1; THENCE NORTH 21°33'44" WEST, 282.36 FEET, ALONG SAID EASTERLY LINE TO THE POINT OF BEGINNING; CONTAINING 15,868 SQUARE FEET MORE OR LESS. SURVEYOR'S NOTES: 1. PROPRIETOR: CITY OF DUBUQUE. 2. SURVEY WAS COMPLETED FOR HOLY FAMILY 3. BEARINGS ARE REFERENCED TO IOWA STATE PLANE NORTH ZONE, NAD83(2011) 4. THIS SURVEY IS SUBJECT TO EASEMENTS, RESERVATIONS, RESTRICTIONS AND RIGHTS OF WAY OF RECORD AND NOT OF RECORD. 5. TOTAL AREA OF PERMANENT EASEMENT IS 15,868 SQ. FT. +/ LEGEND EXISTING PROPERTY PROPOSED EASEMENT POB POINT OF BEGINNING () RECORDED AS FOUND 5/8" REBAR UNLESS OTHERWISE NOTED S12035'44"E 26.31' NORTH GRAPHIC SCALE ill =60' DRAWING MAY HAVE BEEN REDUCED IIkiRill :7_1kiM46*d:14IIIAO INSURANCE SCHEDULE A HFCS (licensee) 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. Lease Agreement dated 2. All policies of insurance required hereunder shall be with an insurer authorized to do business in Iowa and all insurers shall have a rating of A or better in the current A.M. Best's Rating Guide. HFCS shall have the right to self -insure any or all of the coverages below. 3. Each certificate shall be furnished to the Finance Department of the City of Dubuque. 4. The lessee, licensee, or permittee shall be required to carry the minimum coverage/limits, or greater if required by law or other legal agreement, in Exhibit I. Failure to provide the required minimum coverage shall not be deemed a waiver of such requirements by the City of Dubuque. 5. Failure to obtain or maintain the required insurance shall be considered a material breach of the lease, license, or permit. 6. All required endorsements shall be attached to the certificate. The certificate is due before the contract/agreement can be approved. 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 Chief Financial Officer. The lessee, licensee, or permittee must identify and list in writing all deviations and exclusions from the ISO form. 8. If lessees, licensees, or permittee limits of liability are higher than the required minimum limits then the lessee's, licensee's, or permittee's limits shall be this agreement's required limits. 9. Lessee, licensee, or permittee shall require all subcontractors and subcontractors to obtain and maintain during the performance of work insurance for the coverages described in this Insurance Schedule. Lessee, licensee, or permittee agrees that it shall be liable for the failure of a subcontractor and sub -subcontractor to obtain and maintain such coverage 10. Lessee, license & permittees shall be responsible for deductibles and self -insured retention and for payment of all policy premiums and other costs associated with the insurance policies required below. 11. All certificates of insurance must include the agent's name, phone number and email address. 12. 13. The City of Dubuque reserves the right to modify these requirements, including limits, based on changes in risk or other special circumstances during the term of the agreement, subject to the written mutual agreement attached hereto. rl INSURANCE SCHEDULE A (Continued) EXHIBIT I A) COMMERCIAL GENERAL LIABILITY General Aggregate Limit $2,000,000 Products -Completed Operations Aggregate Limit $1,000,000 Personal and Advertising Injury Limit $1,000,000 Each Occurrence $1,000,000 Fire Damage Limit (any one occurrence) $50,000 Medical Payments $5,000 2) Include endorsement indicating that coverage is primary and non-contributory. 3) 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. Policy shall include Waiver of Right to Recover from Others Endorsement. B) E) RIGHT-OF-WAY WORK ONLY: UMBRELLA/EXCESS $5,000,000 Yes No The General Liability, Automobile Liability and Employer's Liability 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. E:3 SPECIMEN Certificate of Coverage ' Date: 7/21/2026 Certificate Holder Archdiocese of Dubuque and All Other Corporations of which the Archbishop is President Chancery Office This Certificate is issued as a matter of information only and confers no rights upon the holder of this certificate. This certificate does not amend, extend or alter the coverage afforded below. 1229 Mt. Loretta Ave. Company Affording Coverage Dubuque, IA 52003 THE CATHOLIC MUTUAL RELIEF SOCIETY OF AMERICA 10843 OLD MILL RD OMAHA, NE 68154 Covered Location HOLY FAMILY SCHOOL 2005 KANE STREET DUBUQUE, IA 52001-0000 !Coverages - - This is to certify that the coverages listed below have been issued to the certificate holder named above for the certificate indicated, notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the coverage afforded described herein is subject to all the terms, exclusions and conditions of such coverage. Limits shown may have been reduced by paid claims. Type of Coverage Certificate Number Coverage Effective Date Coverage Expiration Date Limits Property Real & Personal Property D. General Liability Each Occurrence 1,000,000 General Aggregate 2,000,000 ®X Occurrence ® Claims Made 8525 7/1/2026 7/1/2027 Products-Comp/OP Agg 1,000,000 Personal & Adv Injury 1,000,000 Fire Damage (Any one fire) 50,000 Med Exp (Any one person) Excess Liability 8525 7/l/2026 7/1/2027 Each Occurrence AnnualAggregrate 5,000,000 Other Each Occurrence Claims Made Aggregate Annual Aggregrate Limit/Coverage Description of Operations/Locations/Vehicles/Special Items (the following language supersedes any other language in this endorsement or the Certificate in conflict with this language) Coverage only extends to 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 for claims arising out of Holy Family Catholic Schools construction of an earthen embankment and associated turf restoration and landscaping as shown in the approved Site Plan on file with the City Engineer. Holder of certificate in included as additional protected but only with respect to liability arising from negligence of the Holy Family Catholic Schools. Coverage is primary and non-contributory. Holder of Certificate Cancellation Additional Protected Person(s) Should any of the above described coverages be cancelled before the expiration date thereof, the issuing company will City of Dubuque 50 W. 13th Street Dubuque, IA 52001 endeavor to mail 30 days written notice to the holder of certificate named to the left, but failure to mail stick notice shall impose no obligation or liability of any kind upon the company, its agents or representatives. 0079004742 Authorized Representative !^? � ",, 1++�� � """'—'V T 1. ENDORSEMENT (TO BE ATTACHED TO CERTIFICATE) Effective Date of Endorsement 7/20/2026 Charge Credit Cancellation Date of Endorsement 7/1/2027 Certificate Holder Arrudlocess of Dubuque and All Other Corporonflons of whlch the Archblehop Is President Chancery Office Into Mt. Loretta Ave. Dubuque, 1AS2003 Location HOLY FAMILY SCHOOL 2005 KANE STREET DUBUQUE, IA 52001-0000 Certificate No. 8525 of The Catholic Mutual Relief Society of America is amended as follows: SECTION II -ADDITIONAL PROTECTED PERSON(S) It is understood and agreed that Section II - Liability (only with respect to Coverage D - General Liability), is amended to include as an Additional Protected Person(s) the organizations) shown in the schedule below. P4J1C311!I avwnRPlCG11r39r_9�1�a5 clty Or uumque 50 W. 13th Street Dubuque,[A 52001 Remarks: Coverage only extends to 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 for claims arising out of Holy Family Catholic Schools construction of an earthen embankment and associated turf restoration and landscaping as shown In the approved Site Plan on file with the City Engineer. Holder of certificate In Included as additional protected but only with respect to liability arising from negligence of the Holy Family Catholic Schools. Coverage is primary and non-contributory. However, the following limitations apply to coverage: 1. The maximum limits of coverage provided by Catholic Mutual Relief Society of America to the Additional Protected Persons) named in this endorsement shall not exceed the coverage dollaramount specifically required by contract or agreement and agreed to by the Protected Persori In the absence of specific coverage limits within a referenced contract or agreement, the limits of liability afforded to the Additional Protected Persons) must be listed on a separate Certificate of Coverage form attached to this endorsement. All limits of liability extended by this endorsement are inclusive of both Section II Coverage D and Section VII coverages (if applicable). I 2. Unless specifically agreed to by contract or agreement, the coverage extended to the Additional Protected Persons) by this endorsement is excess and non-contributory over any other available coverage or insurance. 3. This endorsement does not apply to any Occurrence outside the specific dates) of a facility use agreement or terms of a lease. 4. This endorsement does not extend coverage to the Additional Protected Persons) for Occurrences which cannot be attributed to primary acts or omissions of the Protected Person(s). 5. Provided that a premises is utilized by the Protected Persons) in a manner consistent with its intended purpose and in accordance with the applicable contract, agreement, or lease, this endorsement does not extend coverage to the Additional Protected Persons) for premises defects or other Occurrences which could not be discovered by the Protected Person(s) with reasonable diligence. 6. The limited coverage afforded to the Additional Protected Persons) by this endorsement only applies to the extent permissible by law and shall not apply to non -delegable duties unless specifically agreed to by contract or agreement. This extension of coverage shall not enlarge the scope of coverage provided to the Certificate Holder under this Certificate nor increase the limit of liability thereunder. Unless otherwise agreed by contract or agreement, coverage extended under this endorsement to the Additional Protected Persons) will not precede the effective date of this endorsement or extend beyond the cancellation date. PKS-122C(10-23) THE CATHOLIC MUTUAL RELIEF SOCIETY OFAMERICA ENDORSEMENT General Conditions (TO BE ATTACHED TO CERTIFICATE) Effective Date of Endorsement 7/20/2026 Charge Credit Certificate Holder Archdiocese of Dubuque and All Other Corporations of which the Archbishop is President Chancery Office 1229 Mt. Loretta Ave. Dubuque, IA 52003 Certificate No. 8525 of The Catholic Mutual Relief Society is amended as follows: WAIVER OF SUBROGATION BETWEEN PROTECTED PARTIES It is agreed that this Certificate is amended that notwithstanding anything to the contrary in Paragraph 11 of the General Conditions of the Certificate, Right of Recovery, in the event of any payment under this Certificate, we waive our right of recovery against any Additional Protected Person(s) in the Certificate. �i� Ch. ��Llt�lAlsit+)"l"y Authorized Representative PKS-113 (1-89) ENDORSEMENT (TO BE ATTACHED TO CERTIFICATE) Effective Date of Endorsement 7/20/2026 Charge Credit Cancellation Date of Endorsement 7/1/2027 Certificate Holder Archdiocese of Dubuque and All Other Corporations of which the Archbishop is President Location HOLY FAMILY SCHOOL 2005 KANE STREET DUBUQUE, IA 52001-0000 Certifipate No. 8525 of The Catholic Mutual Relief Society of America Is amended as follows: PRIMARY AND NONCONTRIBUTORY OTHER INSURANCE or COVERAGE CONDITION This endorsement modifies coverage provided under the following: PKS-100 SECTION II - LIABILITY CONDITIONS The following is added to the Other Insurance or Coverage Condition and supersedes any provision to the contrary: Primary and Noncontributory Insurance or Coverage This protection is primary to and will not seek contribution from any other insurance or coverage available to an Additional Protected Person(s) under your certificate provided that: (1) The Additional Protected Person(s) is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this protection would be primary and would not seek contribution from any other insurance available to the Additional Protected Person(s) . Authorized Representative PKS-207(12-20) CERTIFICATE OF LIABILITY INSURANCE DaTE(MM/DDttyyY) 07/21 /2026 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lleu of such endorsement(s). PRODUCER 402-551-8765 C.M.G. Agency, Inc 10843 Old Mill Road Omaha NE 68154 NAME: C.M.G. Agency, Inc PNC NNo Ex : 402-551-8765 uc No: a oa'ess: memberservices@catholicmutual.org INSURERS AFFORDING COVERAGE NAIC0 INSURERA: INSURED Archdiocese of Dubuque 1229 Mt. Loretta PO Box 479 Dubu ue IA 52001 INSURERS: Diocesan Self Insured Plan INSURERC: INSURERD: Midwest Employer's Casualty INSURER E : 1 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPEOFINSURANCE ADOL SUBR POLICY NUMBER MMIDDY� MWDDNYYY LIMITS COMMERCIAL GENERALLIABIDTY EACHOCCURRENCE $ CLAIMS -MADE ❑ OCCUR DAMAGE S(a RENTED PREMISES E occurrence) $ MED EXP (Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY ❑ JECT PRO- ❑ LOG PRODUCTS-COMP/OP AGO $ $ OTHER: B AUTOMOBILE LIABILITY ✓ Ee acccidenntSINGLE LIMIT $ 1,000000 BODILY INJURY (Per person) $ ✓ ANYAUTO OWNED SCHEDULED AUTOS ONLY AUTOS SI-079 07/01/2026 07/01/2027 BODILY INJURY (Per accident) $ $/ PROPERTYDAMAGE Per accident $ HIRED ✓ NON -OWNED AUTOS ONLY AUTOS ONLY UMBRELLALIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED I I RETENTION$ $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANYPROPRIETOR(PARTNERIEXECUTIVE OFFICER/MEMBEREXCLUDEDT (Mandatory in NH) NIA EWC008160 07/01/2026 07/01/2027 ✓ PER ERH E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If DEs, describe under SCRIPTION OF OPERATIONS below E.L. DISEASE- POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) Coverage only extends to 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 for claims arising out of Holy Family Catholic Schools construction of an earthen embankment and associated turf restoration and landscaping as shown in the approved Site Plan on file with the City Engineer. Holder of certificate in included as additional protected but only with respect to liability arising from negligence of the Holy Family Catholic Schools. Coverage is primary and non-contributory. D19 kiI I L"111 ii L.j,.ja:l City of Dubuque 50 W 13th Street Dubuque, IA 52001 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ACORD 25 (2016103) i hr:r:ls'rly r islT.1.1 If, The ACORD name and logo are registered marks of ACORD All rights reserved, 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 81" day of September 2026 at 6:30 p.m. in the Historic Federal Building, 350 W. 6t" Street, 2nd floor, Dubuque, Iowa, at which meeting the City Council proposes to grant an Embankment Easement over City of Dubuque real property to Holy Family Catholic Schools, Dubuque, Iowa., said real property is more particularly described as follows: PART OF LOT 1 OF MINERAL LOT 383 ALL 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://cityofdubuque.novusagenda.com/AgendaPublic/ 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. 13t" 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 17t" day of August 2026. Adrienne N. Breitfelder, CIVIC City Clerk