Grant of Easement to T.S.D. Building Partnership, L.L.P._Hearing Copyrig hted
April 5, 2021
City of Dubuque Public Hearings # 1.
City Council Meeting
ITEM TITLE: Grantof Easementto T.S.D. Building Partnership, L.L.P.
SUM MARY: Proof of publication on notice of public hearing to consider City Council
approval of a Grant of Embankment Easement for the private parking lot
embankment over City-owned property along the Northwest Arterial as
part of the Grand River Medical Group site development project on
Westmark Drive, and City Manager recommending approval.
RESOLUTION Disposing of City interest by Grant of Embankment
Easement to T.S.D. Building Partnership, L.L.P. across part of Lot 1 of
Westmark, City of Dubuque, lowa
RESOLUTION Granting an Embankment Easementto T.S.D. Building
Partnership, L.L.P. across part of Lot 1 of Westmark, City of Dubuque,
I owa
SUGGESTED Suggested Disposition: Receive and File;Adopt Resolution(s)
DISPOSITION:
ATTACHMENTS:
Description Type
Grant of Parking Lot Embank Easement-MVM Memo City Manager Memo
Staff Memo Staff Memo
Disposal Resolution Resolutions
Easement Resolution Resolutions
Intentto Dispose Resolution Resolutions
Embankment Easement Supporting Documentation
Area Map Supporting Documentation
Dubuque
THE CITY OF �
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Grant of Easement to T.S.D. Building Partnership, L.L.P.
DATE: March 29, 2021
T.S.D. Building Partnership, L.L.P. (Grand River Medical Group) is proposing to develop
the vacant property in Westmark Subdivision at the southwest corner of the intersection
of the Northwest Arterial and Pennsylvania Avenue. The site will be accessed off of
Westmark Drive. The development plans include a new three-story clinic building and
parking lot for the Grand River Medical Group's Family Medicine Clinic.
City Engineer Gus Psihoyos recommends City Council approval of a Grant of
Embankment Easement for the private parking lot embankment over City-owned
property along the Northwest Arterial as part of the Grand River Medical Group site
development project on Westmark Drive.
City Engineering has determined that the proposed embankment easement area is not
needed for any current or future plans for the Northwest Arterial and is recommending
approval of the easement request.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
v
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Gus Psihoyos, City Engineer
Dubuque
THE CITY OF �
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TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
SUBJECT: Grant of Easement to T.S.D. Building Partnership, L.L.P.
DATE: March 25, 2021
INTRODUCTION
This is in response to a request from T.S.D. Building Partnership, L.L.P. for the granting
of private embankment easement across City owned property along the Northwest
Arterial as part of the Grand River Medical Group site development project on
Westmark Drive.
DISCUSSION
T.S.D. Building Partnership, L.L.P. (Grand River Medical Group) is proposing to develop
the vacant property in Westmark Subdivision at the southwest corner of the intersection
of the Northwest Arterial and Pennsylvania Avenue. The site will be accessed off of
Westmark Drive. The development plans include a new three-story clinic building and
parking lot for the Grand River Medical Group's Family Medicine Clinic. The easement
area is proposed to be utilized by the property owner for an earthen embankment which
provides lateral support to the proposed parking lot. The property owner will be
responsible for all maintenance associated with parking lot embankment and turF in the
easement area. The City is reserving the right to install underground utilities in the
easement area.
The attached exhibits show the City owned property and the proposed private
easement. The developer has submitted construction plans for the improvements and
associated work on the City owned property. City Engineering has reviewed and
approved the drawings.
City Engineering has determined that the proposed embankment easement area is not
needed for any current or future plans for the Northwest Arterial and is recommending
approval of the easement request.
RECOMMENDATION
I would recommend that the "Grant of Embankment Easement" for the private parking
lot embankment over the City owned property along the Northwest Arterial be forwarded
to City Council to be approved.
ACTION REQUESTED
The attached resolutions should be submitted to the City Council for consideration for
the disposal of City interest and the granting of easement to T.S.D. Building
Partnership, L.L.P., Inc. for a private parking lot embankment over City owned property
along the Northwest Arterial.
Prepared by Nate Kieffer, PLS, PE
cc: Bob Schiesl, Assistant City Engineer
2
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. 13th Street, Dubuque, IA 52001 (563) 589-4100
RESOLUTION NO. 101-21
RESOLUTION DISPOSING OF CITY INTEREST BY GRANT OF EMBANKMENT
EASEMENT TO T.S.D. BUILDING PARTNERSHIP, L.L.P. ACROSS PART OF LOT 1
OF WESTMARK, CITY OF DUBUQUE, IOWA
Whereas, pursuant to resolution and published notice of time and place of hearing,
published in the Telegraph Herald, a newspaper of general circulation published in the
City of Dubuque, Iowa on the 19th day of March, 2021, the City Council of the City of
Dubuque, Iowa met on this 5th day of April, 2021, at 6:30 p.m. in the Historic Federal
Building, 350 W. 6th Street, Dubuque, Iowa, to consider the proposal for the granting of
easement across City owned property described as:
Part of Lot 1 of Westmark, City of Dubuque, Iowa
Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objections,
oral or written to the proposed granting of easement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Grant of Embankment Easement to T.S.D. Building Partnership
L.L.P. across Part of Lot 1 of Westmark, City of Dubuque, Iowa, be and the same is
hereby approved.
Section 2. That the Mayor be authorized and directed to execute the Grant of
Embankment Easement and the City Clerk be and is hereby authorized and directed
to deliver said Grant of Easement to T.S.D. Building Partnership L.L.P.
Section 3. That the City Clerk be and is hereby authorized and directed to record a
certified copy of this Grant of Embankment Easement in the office of the Dubuque County
Recorder.
Passed, approved and adopted this 5th day of April, 2021.
�. /1'/
Roy D. B ol, Mayor
Attest:
Adrienne N. Breitfelder, City Clerk
Prepared by: Nate Kieffer, City of Dubuque, 50 W 13th St. Dubuque, IA 52001 (563) 589-4270
Return to: Nate Kieffer, City of Dubuque, 50 W 13th St. Dubuque, IA 52001-(563) 589-4270
RESOLUTION NO. 102-21
RESOLUTION GRANTING AN EMBANKMENT EASEMENT TO T.S.D. BUILDING
PARTNERSHIP, L.L.P. ACROSS PART OF LOT 1 OF WESTMARK, CITY OF
DUBUQUE, IOWA
Whereas, T.S.D. Building Partnership, L.L.P. has requested a "Grant of
Embankment Easement" across Part of Lot 1 of Westmark, City of Dubuque, Iowa, for a
private parking lot embankment; and
Whereas, Buesing and Associates Inc. has prepared and submitted to the City
Council an exhibit showing the easement area for the proposed private parking lot
embankment across Part of Lot 1 of Westmark, City of Dubuque, Iowa; and
Whereas, the City Council of the City of Dubuque, Iowa, has determined that the
portion of Part of Lot 1 of Westmark, City of Dubuque, Iowa can be utilized for the for a
private parking lot embankment, as shown on the Exhibit A, in the City of Dubuque, Iowa,
and should be approved.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Grant of Embankment Easement to T.S.D. Building
Partnership, L.L.P. be and the same is hereby approved.
Passed, approved and adopted this 5th day of April, 2021.
Roy D uol, Mayor
Attest:
Adrienne N. Breitfelder, City Clerk
i
Prepared bv Nate Kieffer, Citv of Dubuque Enqineering,50 W. 13th Street, Dubuque, IA 52001 (563)589-4270 �
Return to Adrienne N. Breiifelder, City Clerk, 50 W. 13th Street, Dubuque, IA 52001 (563)589-4100
I
RESOLUTION NO. 74-21 '�
RESOLUTION OF INTENT TO DISPOSE OF CITY INTEREST BY GRANT OF I
EMBANKMENT EASEMENT TO T.S.D. BUILDING PARTNERSHIP, L.L.P. ACROSS i
PART OF LOT 1 OF WESTMARK, CITY OF DUBUQUE, IOWA
Whereas T.S.D. Buildin Partnershi L.L.P. has re ues#ed a "Grant of I'�=
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Embankment Easement" across Part of Lot 1 of Westmark, City of Dubuque, lowa, for a �i
private parking lot embankment; and
rl
Whereas, Buesing and Associates Inc. has prepared and submitted to the City ''
Council an exhibit showing the easement area for the proposed private parking lot ��
embankment across Part of Lot 1 of Westmark, City of Dubuque, lowa. ,,
'�
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COIJNCIL OF THE CITY OF '',i
DUBUQUE, IOWA: 4�
Section 1. That the City of Dubuque intends to grant an embankment easement �
to T.S.D. Building Partnership L.L.P. across Part of Lot 1 of Westmark, City of Dubuque, ';
lowa, as shown on the attached Exhibit A. � j
Section 2. That a public hearing on the intent to dispose of City interest by Grant
of Embankment Easement to T.S.D. Buildin Partnershi L.L.P. across Part of Lot 1 of �i
9 p
Westmark, City of Dubuque, lowa, is hereby set for the 5t"day of April 2021, at the Historic ��'�
Federal Building (and/or by virtual means), 350 W. 6t" Street, Dubuque, lowa, beginning i
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 15th day of March 2021.
4�. `
Roy D. B , Mayor
Attest:
�,,�,�, /�
Adrienne N. Breitfelder, ity Clerk
! IIIIIII (IIIII III IIIII IIIII IIIII III IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII
Doc ID: 010709100016 Type: GEN
Kind: EASEMENT
Recorded: 04/06/2021 at 04:06:47 PM
Fee Amt: $82.00 Pape 1 of 16
Dubuque County Iowa
John Murphy Recorder
File2021-00005373
Prepared by: Nate Kieffer 50 W. 13t" Street Dubuque Iowa 52001 (563-589-4270)
Return to: Nate Kieffer 50 W. 131h 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 T.S.D. Building Partnership, L.L.P. ("Grantee"), its lessees, licensees,
successors and assigns, from the date hereof, an easement through, under and
across the following described real estate situated in Dubuque, Iowa, to wit:
PART OF LOT 1 OF WESTMARK, IN THE CITY OF DUBUQUE,
IOWA, AS SHOWN ON THE ATTACHED EASEMENT EXHIBIT A.
Said easement shall be as shown on the attached Easement Exhibit A, for the
purpose of constructing and maintaining an earthen parking lot 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. Said easement shall also include the right to cut, trim or remove trees,
bushes and roots as may be required incident to rights given herein. Along with the
right to occupy the temporary grading easement area(s) as shown on the attached
Easement Exhibit A until the completion of the project Improvements.
Grantee is solely responsible for the maintenance of the Improvements in the
easement area and shall keep the area in an orderly fashion, including turf
maintenance and mowing. Grantee, its successors and assigns, agrees to pay for
any damage caused to the land, fences, or other personal property of Grantor from
the construction or maintenance of said Improvements.
The City reserves unto itself the perpetual right for the purpose of erecting, installing,
03032021mk
6200
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constructing, reconstructing, maintaining, owning, operating and repair of storm and
sanitary sewers, watermain, gas, telephone, television, fiber optics cable, and
electrical lines above or below said private Improvements as such utilities would not
interfere with the existence and maintenance of the private Improvements.
Indemnification. Grantee shall defend, indemnify and hold harmless Grantor, its
officers, agents and employees from and against any claim and cost of any kind,
including without limitation, attorneys' fees and consulting fees, arising out any
surveying, inspection, construction, reconstruction, alteration, replacement,
maintenance, repair, patrol or removal of said Improvements. This obligation shall
survive the termination of this Grant of Embankment Easement.
Insurance. Grantee shall provide insurance as set forth in the attached Insurance
Schedule during surveying, inspection, construction, reconstruction, alteration
replacement, maintenance, repair, patrol or removal of said Improvements.
To have and to hold unto the said Grantee forever, and the undersigned does hereby
expressly covenant that Grantor is the owner in fee of said real estate and has good
right to execute this Grant of Embankment Easement.
+h
Dated at Dubuque, Iowa this day of Apri . , 2021.
[SIGNATURE PAGES TO FOLLOW]
2
CITY OF DUBUQUE
By: c
Roy Buol, ayor
NOTARY PUBLIC
STATE OF IOWA,
COUNTY OF DUBUQUE, SS:
On this �, th day of Am'( , 2021 before me, the undersigned, a Notary
Public in and for said County, in said State, personally appeared Roy Buol, 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.
ors'` ADRIENNE N. BREITFELDER
Commission Number 82801
„�; 19y Comm. E=p.
3
Notary Public In/and For Said State
ACCEPTANCE OF EASEMENT
T.S.D. Building Partnership, L.L.P. accepts the terms and conditions of the Grant of
Easement.
T.S.D. Building Partnership, L.L.P.
By:
Ro d A. Iverson, Aut d Partner
I: [oil f-11XLl111*11 [0
STATE OF IOWA )
) SS.
COUNTY OF DUBUQUE )
On this 4 V" day of rn l&\ , 2021, before me, the undersigned, a Notary
Public in and for said County, in said State, personally appeared Ronald A. Iverson,
Partner, 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 T.S.D.
Building Partnership, L.L.P.
Ndiary Public In and For Said State
JEN NOS 6w 7777 �4
s my C im Expirss
4
EXHIBIT A
EXHIBIT "A"
Plat of Embankment Easement
across:
Lot 1 of Westmork,
in the City of Dubuque, Iowa
INDEX LEGEND
Location: Lot 1 of Wesfiwk
NE1/4 of Section 29, T89N, R2E of the SB1 P.M., Dubuque County, Iowa
Requestor. Christopher D. Kidd - Christopher Wild and Associates, LLC
Proprietor City of Dubuque
50 West 13th St, Dubuque, IA 52001
Surveyor: Terry L. Koeww
Company. Bussing & Associates, Inc.
1212 Locust St, Dubuque, IA 52001
Realm To: dkoelker®DuewKlU:om (563) 558.4389
PREPARED BY: BUESING & ASSOCIATES ADDRESS: 1212 LOCUST STREET,
DUBUQUE, IOWA PHONE: (563) 556-4389
1
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TGE �TGE—TGE—T
iH
0 25.0'
1�
N e7'34 s9 E
ao.00' I
jj 1
3�
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30.00' x 205.00' EMBANKMENT EASEMENT
m
25.0' TEMPORARY
I
GRADING EASEMENT
1 OF
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LOT 1 OF WESTMARK NO. 3
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I WESTMARK
DOC. NO. 2021-3358 0
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THIS IS AN ASSUMED
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BEARING FOR THE PURPOSES
OF THIS SURVEY ONLY.
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t 5 57'34'59' W i
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POB I 30.00' -
---�
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25.0'
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SCALE--1"40'
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5/8' I -TGE TGE—TGE
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30.00' x 205.00' Embankment Easement:
Commencing at the SE corner of Lot I of Westmork No. 3;
Thence N 02'25'01" W along the East line of Lot 1 of Westmork No. 3, a distance
of 50.00
feet to the Point Of Beginning (also being a point on the West line of Lot
1 of Westmork);
Thence N 02'25'01" W (This is an assumed bearing for the purposes of this survey only)
along the West line of Lot 1 of Westmark, a distance of 205.00 feet;
Thence N 87'34'59" E a distance of 30 feet:
LEGEND
Thence S 02'25'01" E a distance of 205.00 feet;
•
FOUND 5/8- ROD W/YELLOW CAP #4850
(UNLESS OTHERWISE NOTED)
FOUND 5/8- ROD W/RED CAP /12631
— — — — —
— EASEMENT LINPROPE
Thence S 87'34'59" W a distance of 30.00 feet to the Point Of Beginning.
—
_ _ROW_
UWE
_ mcNr of WAY uNE
RIGHT F WAY
N
—TGE—TGE—
( )
TEMPORARY GRACING EASEMENT LNE
RECORD DIMENSION
1, ALL MEASUREMENTS ARE IN FEET AND DECIMALS THEREOF
POB
POINT OF BEGINNING
2. THIS PLAT IS SUB.ECT TO ALL EASEMENTS OF RECORD AND NOT OF RECORD.
1 IIIITII�
I HEREBY CERTIFY MAT THIS LAND SURVEYING DOCUMENT WAS
l me
PREPARED AND THE RELATED SURVEY WORK WAS PERFORMED BY ME
A A S INC.
'••G,P
OR UNDER YY DIRECT PERSONAL SUPERNSION AND THAT AN A DULY
INWNIeRS "A SORwr""
L a
• TERRY L. .0s
LICENSED LAND SU UNDER ME LAWS OF E STA OF IOWA.
1212 LOCUST ST. DUBUQUE. IA
(563) 556-4389
KOEUMx •o =_
D=
�'� 3 J,3 10 :LJ
DRAWN BY: JCH CTIECKD
•
TERRY L. OELKER (DATE)
SURVEY DATE: 8/19 & 8/21/2020 PLOT D,
sJ • 15482 • -
LICENSE NUMBER T5487
*.�• �:*`
•
MY LICENSE RENEWAL DATE IS DECEMBER 31. 2021
DWG. NO, 20233-10 POE SCALE:
1 OF 1
111°I111%0SHEET
SHEETS COVERED BY MR SEAL : SHEEi 1
INSURANCE SCHEDULE
City of Dubuque Insurance Requirements for General, Artisan or Trade Contractors,
Subcontractors or Sub -Subcontractors
Class A:
Class B:
Class C:
INSURANCE SCHEDULE F
Asbestos Removal
Fiber Optics
Sanitary Sewers
Asphalt Paving
Fire Protection
Sheet Metal
Concrete
Fireproofing
Site Utilities
Construction Managers
General Contractors
Shoring
Cranes
HVAC
Special construction
Culverts
Mechanical
Steel
Decking
Paving & Surfacing
Storm sewers
Demolition
Piles & Caissons
Structural Steel
Deconstruction
Plumbing
Trails
Earthwork
Retaining Walls
Tunneling
Electrical
Reinforcement
Water main
Elevators
Roofing
Chemical Spraying
Landscaping
Rough Carpentry
Doors, Window &
Masonry
Stump Grinding
Glazing
Vehicular Snow Removal
Tank Coating
Drywall Systems
Painting & Wall Covering
Tree Removal
Fertilizer Application
Pest Control
Tree Trimming
Geotech Boring
Scaffolding
Tuckpointing
Insulation
Sidewalks
Waterproofing
Finish Carpentry
Plastering
Well Drilling
Carpet Cleaning
General Cleaning
Power Washing
Carpet & Resilient
Grass Cutting
Tile & Terrazzo Flooring
Flooring
Janitorial
Window Washing
Caulking & Sealants
Non Vehicular Snow &
Acoustical Ceiling
Ice Removal
Filter Cleaning
Office Furnishings
Page 1 of 6 Schedule F, General, Artisan or Trade Contractors, Subcontractors or Sub Subcontractors May 2019
City of Dubuque Insurance Requirements for General, Artisan or Trade Contractors,
Subcontractors or Sub Subcontractors
INSURANCE SCHEDULE F (continued)
Contractor shall furnish a signed certificate of insurance to the department responsible for the
contract for the coverage required in Exhibit I prior to commencing work and at the end of the
project if the term of work is longer than 60 days. Contractors presenting annual certificates shall
present a certificate at the end of each project with the final billing. Each certificate shall be
prepared on the most current ACORD form approved by the Iowa Department of Insurance or an
equivalent approved by the Director of Finance and Budget or Designee. The certificate must
clearly indicate the project number, project name, or project description for which it is being
provided Eg: Project # Project name: or
Project Location at or construction of
2. All policies of insurance required hereunder shall be with an insurer authorized to do business in
Iowa and all insurers shall have a rating of A or better in the current A.M. Best's Rating Guide.
3. Each Certificate required shall be furnished to the Department of the City of
Dubuque.
4. Failure to provide the coverages described in this Insurance Schedule shall not be deemed a
waiver of these requirements by the City of Dubuque. Failure to obtain or maintain the required
insurance shall be considered a material breach of this contract.
5. Contractor shall require all subcontractors and sub -subcontractors to obtain and maintain during
the performance of work insurance for the coverages described in this Insurance Schedule and
shall obtain certificates of insurance from all such subcontractors and sub -subcontractors.
Contractor agrees that it shall be liable for the failure of a subcontractor and sub -subcontractor to
obtain and maintain such coverage. The City may request a copy of such certificates from the
Contractor.
6. All required endorsements to various policies shall be attached to the certificate of insurance.
7. Whenever an ISO form is referenced the current edition must be provided.
8. Contractor shall be required to carry the minimum coverage/limit, or greater if required by law or
other legal agreement, in Exhibit I - Insurance Schedule F. If the contractor's limits of liability are
higher than the required minimum limit then the contractor's limits shall be this agreement's
required limits.
9. Contractor shall be responsible for deductibles and self -insured retention.
Page 2 of 6 Schedule F, General, Artisan or Trade Contractors, Subcontractors or Sub Subcontractors May 2019
City of Dubuque Insurance Requirements for General, Artisan or Trade Contractors,
Subcontractors or Sub Subcontractors
INSURANCE SCHEDULE F (continued)
EXHIBIT I
A) COMMERCIAL GENERAL LIABILITY
General Aggregate Limit $2,000,000
Products -Completed Operations Aggregate Limit $2,000,000
Personal and Advertising Injury Limit $1,000,000
Each Occurrence $1,000,000
Fire Damage Limit (any one occurrence) $50,000
Medical Payments $5,000
1) Coverage shall be written on an occurrence, not claims made, form. The general
liability coverage shall be written in accord with ISO form CG 00 01 or business
owners form BP 00 02. All deviations from the standard ISO commercial general
liability form CG 00 01 or business owners form BP 00 02 shall be clearly
identified.
2) Include ISO endorsement form CG 25 04 "Designated Location(s) General
Aggregate Limit" or CG 25 03 "Designated Construction Project(s) General
Aggregate Limit" as appropriate.
3) Include endorsement indicating that coverage is primary and non-contributory.
4) Include Preservation of Governmental Immunities Endorsement. (Sample
attached).
5) Include additional insured endorsement for:
The City of Dubuque, including all its elected and appointed officials, all its
employees and volunteers, all its boards, commissions and/or authorities and
their board members, employees and volunteers. Use ISO form CG 20 10
(Ongoing operations).
6) The additional insured endorsement shall include completed operations under
ISO form CG 20 37 during the project term and for a period of two years after the
completion of the project.
7) Policy shall include Waiver of Right to Recover from Others endorsement.
B) WORKERS' COMPENSATION & EMPLOYERS LIABILITY
Statutory Benefits covering all employees injured on the job by accident or disease as
prescribed by Iowa Code Chapter 85.
Coverage A Statutory —State of Iowa
Coverage B Employers Liability
Each Accident $100,000
Each Employee -Disease $100,000
Policy Limit -Disease $500,000
Policy shall include Waiver of Right to Recover from Others endorsement.
Coverage B limits shall be greater if required by the umbrella/excess insurer.
OR
Nonelection of Workers' Compensation or Employers' Liability Coverage under Iowa
Code sec. 87.22. Completed form must be attached.
Page 3 of 6 Schedule F, General, Artisan or Trade Contractors, Subcontractors or Sub Subcontractors May 2019
City of Dubuque Insurance Requirements for General, Artisan or Trade Contractors,
Subcontractors or Sub Subcontractors
INSURANCE SCHEDULE F (continued)
C) AUTOMOBILE LIABILITY
Combined Single Limit $1,000,000
D) UMBRELLA/EXCESS LIABILITY
Umbrella liability coverage must be at least following form with the underlying policies
included herein (General Liability, Automobile, Workers Compensation).
All Class A contractors with contract values in excess of $10,000,000 must have
umbrella/excess liability coverage of $10,000,000.
All Class A and Class B contractors with contract values between $500,000 and
$10,000,000 must have umbrella/excess liability coverage of $3,000,000.
All Class A and B contractors with contract values less than $500,000 must have
umbrella/excess liability coverage of $1,000,000.
All Class C contractors are not required to have umbrella/excess liability coverage.
All contractors performing earth work must have a minimum of $3,000,000 umbrella
regardless of the contract value.
E) POLLUTION LIABILITY
Coverage required: _yes _no
Pollution liability coverage shall be required if project involves any pollution exposure for
hazardous or contaminated materials including, but not limited to, the removal of lead,
asbestos, or PCB's. Pollution product and complete operations coverage shall also be
covered.
Each Occurrence $2,000,000
Policy Aggregate $4,000,000
1) Policy to include job site and transportation coverage.
2) Include additional insured for:
The City of Dubuque, including all its elected and appointed officials, all its
employees and volunteers, all its boards, commissions and/or authorities and
their board members, employees and volunteers. Use ISO form CG 20 10.
(Ongoing operations) or its equivalent and CG 20 37 (completed operations)
or its equivalent.
3) Include Preservation of Governmental Immunities Endorsement.
4) Provide evidence of coverage for 5 years after completion of project.
Page 4 of 6 Schedule F, General, Artisan or Trade Contractors, Subcontractors or Sub Subcontractors May 2019
City of Dubuque Insurance Requirements for General, Artisan or Trade Contractors,
Subcontractors or Sub Subcontractors
INSURANCE SCHEDULE F (continued)
F) RAILROAD PROTECTIVE LIABILITY
Coverage required: _ yes _ no
Any contract for construction or demolition work on or within fifty feet (50') from the edge
of the tracks of a railroad and affecting any railroad bridge, trestle, tracks, roadbeds,
tunnel, underpass, or crossing, for which an easement, license or indemnification of the
railroad is required, shall require evidence of the following additional coverages.
Railroad Protective Liability:
each occurrence (per limits required by Railroad)
policy aggregate (per limits required by Railroad)
OR
An endorsement to the Commercial General Liability policy equal to ISO CG 24 17
(Contractual Liability -Railroads). A copy of this endorsement shall be attached to the
certificate of insurance.
Page 5 of 6 Schedule F, General, Artisan or Trade Contractors, Subcontractors or Sub Subcontractors May 2019
City of Dubuque Insurance Requirements for General, Artisan or Trade Contractors,
Subcontractors or Sub Subcontractors
PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT
1. Nonwaiver of Governmental Immunity. The insurer expressly agrees and states that the purchase
of this policy and the including of the City of Dubuque, Iowa as an Additional Insured does not waive any
of the defenses of governmental immunity available to the City of Dubuque, Iowa under Code of Iowa
Section 670.4 as it is now exists and as it may be amended from time to time.
2. Claims Coverage. The insurer further agrees that this policy of insurance shall cover only those
claims not subject to the defense of governmental immunity under the Code of Iowa Section 670.4 as it
now exists and as it may be amended from time to time. Those claims not subject to Code of Iowa
Section 670.4 shall be covered by the terms and conditions of this insurance policy.
3. Assertion of Government Immunity. The City of Dubuque, Iowa shall be responsible for asserting
any defense of governmental immunity, and may do so at any time and shall do so upon the timely written
request of the insurer.
4. Non -Denial of Coverage. The insurer shall not deny coverage under this policy and the insurer
shall not deny any of the rights and benefits accruing to the City of Dubuque, Iowa under this policy for
reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of
the defense(s) of governmental immunity asserted by the City of Dubuque, Iowa.
No Other Change in Policy. The above preservation of governmental immunities shall not otherwise
change or alter the coverage available under the policy.
SPECIMEN
(DEPARTMENT MANAGER: FILL IN ALL BLANKS AND CHECK BOXES)
Page 6 of 6 Schedule F, General, Artisan or Trade Contractors, Subcontractors or Sub Subcontractors May 2019
Prepared by: Nate Kieffer City of Dubuque 50 W 13" Street Dubuque IA 52001 (563) 589-4270
Retum to: Adrienne N. Breitfelder, City Clerk, 50 W. 13"' Street, Dubuque, IA 52001 (563) 589-4100
RESOLUTION NO. 101-21
RESOLUTION DISPOSING OF CITY INTEREST BY GRANT OF EMBANKMENT
EASEMENT TO T.S.D. BUILDING PARTNERSHIP, L.L.P. ACROSS PART OF LOT 1
OF WESTMARK, CITY OF DUBUQUE, IOWA
Whereas, pursuant to resolution and published notice of time and place of hearing,
published in the Telegraph Herald, a newspaper of general circulation published in the
City of Dubuque, Iowa on the 19th day of March, 2021, the City Council of the City of
Dubuque, Iowa met on this 5th day of April, 2021, at 6:30 p.m. in the Historic Federal
Building, 350 W. 6th Street, Dubuque, Iowa, to consider the proposal for the granting of
easement across City owned property described as:
Part of Lot 1 of Westmark, City of Dubuque, Iowa
Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objections,
oral or written to the proposed granting of easement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Grant of Embankment Easement to T.S.D. Building Partnership
L.L.P. across Part of Lot 1 of Westmark, City of Dubuque, Iowa, be and the same is
hereby approved.
Section 2. That the Mayor be authorized and directed to execute the Grant of
Embankment Easement and the City Clerk be and is hereby authorized and directed
to deliver said Grant of Easement to T.S.D. Building Partnership L.L.P.
Section 3. That the City Clerk be and is hereby authorized and directed to record a
certified copy of this Grant of Embankment Easement in the office of the Dubuque County
Recorder.
Passed, approved and adopted this 5th day of April, 2021.
Roy D. B ol, Mayor
Attest:
Adrienne N. Breitfelder, City Clerk
CERTIFICATE of the CITY CLERK
STATE OF IOWA
SS:
COUNTY OF DUBUQUE )
I, Adrienne N. Breitfelder, City Clerk, do hereby certify that I am the duly appointed,
qualified, City Clerk of the City of Dubuque, Iowa, in the County aforesaid, and as such
City Clerk, 1 have in my possession or have access to the records of the proceedings of
the City Council. I do further state that the hereto attached Resolution No. 101-21 is a
true and correct copy of the original.
In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque,
Iowa.
Dated at Dubuque, Iowa, on this 6t�' day of April, 2021.
Adrienne N. Breitfelder, City Clerk
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� o SITE LAYOUT PLAN PREPARE° Fo� associaTEs iNc. 01.15.202'i �02 26.2021
� w GRMG—WESTMARK DR CHRISTOPHER D. KIDD - CKA ENGINEERS AND SURVEYORS 0�.27.202� CHECKED BY:
N48W 16550 LISBON RD �z�z �ocusr sr, oueuQUE, ia
� MEDICAL OFFICE BUILD MENOMONEE FA��s, wi 5305� �563> 556-4389 0�.29.2021 P�N
WWW.BUESWG.COM � tlkoelker@buesing.com
STATE OF IOWA SS:
DUBUQUE COUNTY
CERTIFICATE OF PUBLICATION
I, Kathy Goetzinger, a Billing Clerk for Woodward
Communications, Inc., an Iowa corporation, publisher
of the Telegraph Herald, a newspaper of general
circulation published in the City of Dubuque, County
of Dubuque and State of Iowa; hereby certify that the
attached notice was published in said newspaper on the
following dates:
03/19/2021
and for which the charge is 56.97
Subscribed to before me, a Notary Publ- in and for
Dubuque County, Iowa,
this 15th day of April, 2021
Notary Public in and for Dubuque County, Iowa.
". SH.A,R'O'N WEL,SORN
z =
M�iaki� WO limber $27408
,Ge�o�mppe��CX NOV
q 2023
Ad text : CITY OF DUBUQUE, IOWA
OFFICIAL NOTICE
PUBLIC NOTICE is hereby given that the City Council of the
City of Dubuque, Iowa will hold a public hearing on the 5th
day of April 2021 at 6:30 p.m. virtually at which meeting the
City Council proposes to grant a private embankment easement
over the following described real property to T.S.D. Building
Partnership, L.L.P:
Lot 1 of Westmark, in the City of Dubuque
Due to the ongoing COVID-19 pandemic, the City Council will
meet virtually through GoToMeeting. The official agenda will
be posted on April 2, 2021 and will contain listening,
viewing, and 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.
Copies of supporting documents for the public hearing are on
file in the City Clerk's Office, City Hall, 50 W. 13th St.,
Dubuque, Iowa. To comply with social distancing mandates,
documents can be viewed at
https://www.cityofdubuque.org/Agendas or by contacting the
City Clerk's Office at 563-589-4100.
Written comments regarding the above public hearing should
be submitted to the City Clerks Office, 50 W. 13th St.,
Dubuque, IA 52001, ctyclerk@cityofdubuque.org, on or before
said time of public hearing. At said time of public hearing
all interested citizens and parties will be given an
opportunity to submit online written comments for or against
said proposal.
Individuals with limited English proficiency, vision,
hearing or speech impairments or requiring special assistance
should contact the City Clerk's Office at (563) 589-4100,
TDD/TTY (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 15th day
of March 2021.
Adrienne N. Breitfelder, City Clerk
lt 3/19
a
RESOLUTION NO. 74-21
RESOLUTION OF INTENT TO DISPOSE OF CITY INTEREST BY GRANT OF
EMBANKMENT EASEMENT TO T.S.D. BUILDING PARTNERSHIP, L.L.P.
ACROSS PART OF LOT 1 OF WESTMARK, CITY OF DUBUQUE, IOWA
Whereas, T.S.D. Building Partnership, L.L.P. has requested a
"Grant of Embankment Easement" across Part of Lot 1 of
Westmark, City of Dubuque, Iowa, for a private parking lot
embankment; and
Whereas, Buesing and Associates Inc. has prepared and
submitted to the City Council an exhibit showing the easement
area for the proposed private parking lot embankment across
Part of Lot 1 of Westmark, 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 an
embankment easement to T.S.D. Building Partnership L.L.P.
across Part of Lot 1 of Westmark, 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 Embankment Easement to T.S.D.
Building Partnership L.L.P. across Part of Lot 1 of Westmark,
City of Dubuque, Iowa, is hereby set for the 5th day of April
2021, 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 15th day of March
2021.
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk
It 3/19