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Signed Contract_Gronen Restoration, Inc. for use of a Licensed AreaCity of Dubuque City Council Meeting ITEM TITLE: Signed Contract(s) Consent Items # 015. Copyrighted May 15, 2023 SUMMARY: Gronen Restoration, Inc. for use of a Licensed Area; Origin Design Co. for the Old Highway Road Water Main Connection Loop. SUGGESTED Suggested Disposition: Receive and File DISPOSITION: ATTACHMENTS: Description Type Old Highway Road Water Main Connection Loop Supporting Documentation Licensed Area Agreement Supporting Documentation LICENSE AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND GRONEN RESTORATION T is Licen a Agreement (this Agreement), dated for reference purposes the day of +ri 1 2 , 2023, is made and entered into by and between the City of Dubuque, Iowa a municipal corporation (City) and Gronen Restoration, Inc. (Gronen), an Iowa for -profit corporation with its principal place of business in Dubuque, Iowa. WHEREAS, City is the owner of the Licensed Area shown on attached Exhibit A and by reference incorporated herein as though fully set out herein; and WHEREAS, City and Gronen are desirous of entering into an agreement pursuant to which City grants to Gronen a license for the privilege of using the Licensed Area for providing storage of salvaged building materials. NOW THEREFORE, in consideration of the mutual covenants and agreements set forth herein, City and Gronen agree as follows: SECTION 1. TERM OF AGREEMENT. City hereby grants to Gronen a nonexclusive license to use the Licensed Area for storage of salvaged building materials. SECTION 2. FEE. The license use fee (the Fee) of the Licensed Area is One Dollar ($1.00). The Fee shall be paid annually by Gronen. SECTION 3. USE OF PREMISES. 2.1 Gronen covenants and agrees to use and occupy the Licensed Area for storage purposes only. 2.2 Gronen may not place or allow any permanent structure on or in the Licensed Area. Gronen may place temporary equipment in the Licensed Area but only if such equipment can be readily removed by Gronen. SECTION 4. ASSIGNMENT AND SUBLETTING. Gronen may not assignor sublet this Agreement or the Parking Area nor any portion thereof. SECTION 5. SITE SECURITY. Site shall be locked at all times, unless actively occupied by Gronen employees. Only Gronen employees shall have access to and be allowed on site unless prior written permission has been granted by City. SECTION 6. MAINTENANCE OF PROPERTIES. Gronen accepts the Licensed Area "as is." Gronan shall be responsible for keeping the on -site access areas free and clear of all snow and ice. Gronen shall be responsible for maintaining the Licensed Area in a Pagel of 9 state of good repair at all times, making any needed repairs to the Licensed Area at its expense. SECTION 7. RESPONSIBILITY FOR ENFORCEMENT. City is not responsible in any manner for enforcement of Gronen's privilege to use the Licensed Area. Gronen must use the Licensed Area in a manner that is compatible with the City's operation of the Licensed Area and may not cause or allow any conflicts or interruptions to the City's operation. SECTION 8. DEFAULT. If Gronen defaults in the payment of the Fee hereunder or any part thereof, or defaults in the performance of any of the other covenants herein contained, and such default continues for a period of three (3) days after written notice thereof, specifying the default complained of, mailed to Gronen by United States certified mail, then City may, at its election, declare the terms of this Agreement ended and re- enter the Licensed Area, with or without process of law, and expel and remove Gronen or any person or persons in or upon the Licensed Area, using such force as may be necessary under the circumstances; and if at any time, by reason of such default of Gronen and the continuance thereof for such period of three (3) days after written notice has been given, said term will be so ended, Gronen hereby covenants and agrees to surrender and deliver up the Licensed Area peaceably to the City. SECTION 9. INDEMNITY. Gronen agrees to defend, indemnify, and hold harmless City, its officers, agents, and employees, from any and all damages or claims whatsoever by reason of Gronen's use of the Licensed Area and further agrees to reimburse City for any and all damage to the Licensed Area resulting from Gronen's use of the Licensed Area. City agrees to promptly give notice of any and all damages or claims and to permit Gronen and/or its insurance carrier to investigate and defend the same. SECTION 10. INSURANCE. Gronen must at all times during the Term maintain insurance in accordance with City Insurance Schedule A as shown in Exhibit B. SECTION 11. SURRENDER OF PREMISES AT END OF TERM. Gronen shall, on the last day of the Term of this Lease or upon any termination of this Lease, surrender and deliver up the Leased Premises, with the Improvements then located thereon into the possession and use of City, without fraud or delay and in good order, condition and repair, reasonable wear and tear excepted, free from debris, free and clear of all lettings and occupancies, free and clear of all liens and encumbrances other than those existing on the date of this Lease and those, if any, created by City, without (except as otherwise provided herein) any payment or allowance whatsoever by City on account of or for any buildings and Improvements erected or maintained on the Leased Premises at the time of the surrender, or for the contents thereof or appurtenances thereto. Gronen Trade Fixtures, personal property, equipment materials and other belongings of Gronen or of any sublicensee or other occupant of space at the Leased Premises shall be and remain the property of Gronen, and Gronen shall have a reasonable time after the expiration of the Term of this Lease (not to exceed thirty (30) days) to remove the same. If Gronen fails to remove any Gronen Trade Fixtures, Page 2 of 9 personal property, equipment, materials, or other belongings from the Leased Premises within thirty (30) days of the expiration date of this Lease, they will immediately become property of City. Any costs incurred by City having to remove, relocate, handle, store, sell or dispose of Gronen's items described in this Section shall be paid for by Gronen. SECTION 12. TERMINATION. 11.1 City may terminate this Agreement for any reason, with or without cause, upon three (3) days written notice delivered to Gronen. Gronen Restoration Attn: John Gronen, President 900 Jackson St. Dubuque, IA 52001 11.2 Gronen may terminate this Agreement for any reason, with or without cause, upon ten (10) days written notice mailed to the City by United States certified mail. City of Dubuque Michael C. Van Milligen, City Manager 50 W. 13th Street Dubuque, IA 52001 CITY OF DUBUQUE, IOWA By: 1�u� klwl� Micha I C. Van Milligen, ity Manager Attest: /�. Adrienne Breitfelder, City Clerk Page 3 of 9 EXHIBIT A LICENSED AREA r `_ GRONEN Restoration m-l"'. , )U-B E Will, P..rOEM-:: .x 425 mj :x. 1494 .p � t •. »�---err _ �•"'tr"��""�'" Ma P Pre retl P3 by Cayof Dubuque f inch=50feet fgneengDitisor. ra�nad..�u.eK e..�... D baqua, Iowa 52W' .�a:i.n�.e.r•r�+�..�.�nrti 50 25 6 5D Feet Phone:(5R3) SVS-4 'S • 'ror."i.tis,:.`"m�.. ".`ed...e.r.,r ti.aa Fa (563) 1,0 - 265 Page 4 of 9 Exhibit B Insurance Schedule Page 5 of 9 INSURANCE SCHEDULE A Lessee 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. 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 Director of Finance and Budget. The lessee, licensee, or permittee must identify and list in writing all deviations and exclusions from the ISO form. 8. If lessee's, licensee's, or permittee's limits of liability are higherthan 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 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. 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. The City may request a copy of such certificates from the lessee, licensee, or permittee. 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 agents name, phone number and email address. 12. The City of Dubuque reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by this Schedule at any time. 13. The City of Dubuque reserves the right to modify these requirements, including limits, based on changes in the risk or other special circumstances during the term of the agreement, subject to mutual agreement of the parties. Page 6 of 9 Schedule A Lessees of City Property; Right of Way Licensees orPermittees January 2023 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 (anyone 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 0001, or Business owners form BP 00 02, shall be clearly identified. 2) Include ISO endorsementform CG 25 04 "Designated Location(s) General Aggregate Limit." 3) Include endorsement indicating that coverage is primary and non-contributory. 4) Include Preservation of Governmental Immunities Endorsement (Sample attached). 5) Include additional insured endorsement for: The City of Dubuque, including all its elected and appointed officials, all its employees and volunteers, all its boards, commissions and/or authorities and their board members, employees and volunteers. Use ISO form CG 20 10 (Ongoing operations) or its equivalent. 6) Policy shall include Waiver of Right to Recover from Others Endorsement. 7) Policy shall include cancellation and material change endorsement providing thirty (30) days advance written notice of cancellation, non -renewal, reduction in insurance coverage and/or limits and ten (10) days written notice of non-payment of premium shall be sent to: City of Dubuque Finance Department, 50 West 131h Street Dubuque, Iowa 52001 B) WORKERS' COMPENSATION & EMPLOYERS LIABILITY Statutory Benefits covering all employees injured on thejob 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. QB If, by Iowa Code Section 85.1A, the lessee, licensee, or permittee is not required to purchase Workers' Compensation Insurance, the lessee, licensee, or permittee shall have a copy of the State's Nonelection of Workers' Compensation or Employers' Liability Page 7 of 9 Schedule A Lessees of City Property; Right of Way Licensees orPermittees January 2023 C) R E) Coverage form on file with the Iowa Workers' Compensation Insurance Commissioner, as required by Iowa Code Section 87.22. Completed form must be attached. POLLUTION LIABILITY Coverage required: —Yes X No Pollution liability coverage shall be required if the lessee, contracting party, or permittee has any pollution exposure for abatement of hazardous or contaminated materials including, but not limited to, petroleum products, the removal of lead, asbestos, or PCBs. Pollution product and completed operations coverage shall also be covered. Each occurrence Policy Aggregate $2,000,000 $4,000,000 1) Policy to includejob site and transportation coverage. 2) Include additional insured for: The City of Dubuque, including all its elected and appointed officials, all its employees and volunteers, all its boards, commissions and/or authorities and their board members, employees and volunteers. Use ISO form CG 2010. (Ongoing operations) or its equivalent and CG2037(completed operations) or its equivalent. 3) Include Preservation of Governmental Immunities Endorsement. 4) Provide evidence of coverage for 5 years after completion of project. 5) Include endorsement indicating that coverage is primary and non-contributory. 6) Policy shall include waiver of right to recovery from others endorsement. PROPERTY INSURANCE REQUIRED BY LEASE, LICENSE, OR PERMIT Yes )(No Evidence of property coverage provided: _ Yes Include the City of Dubuque as Lender Loss Payable. UMBRELLA COVERAGE: UMBRELLA/EXCESS X Yes No $1,000,000 The General Liability, Automobile Liability and Workers Compensation insurance requirements may be satisfied with a combination of primary and Umbrella or Excess Liability Insurance. If the Umbrella or Excess Insurance policy does not follow the form of the primary policies, it shall include the same endorsements as required of the primary policies including but not limited to Waiver of Subrogation AND Primary and Non- contributory in favor of the City. F) FLOOD INSURANCE Yes X No If Required Coverage Page 8 of 9 Schedule A Lessees of City Property; Right of Way Licensees orPermittees January 2023 Please be aware that naming the City of Dubuque as an additional insured as is required by this Insurance Schedule may result in the waiver of the City's governmental immunities provided in Iowa Code sec. 670.4. If you would like to preserve those immunities, please use this endorsement or an equivalent form. PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT 1. Nonwaiver of Governmental Immunity. The insurer expressly agrees and states that the purchase of this policy and the including of the City of Dubuque, Iowa as an Additional Insured does not waive any of the defenses of governmental immunity available to the City of Dubuque, Iowa under Code of Iowa Section 670.4 as it is now exists and as it may be amended from time to time. 2. Claims Coverage. The insurer further agrees that this policy of insurance shall cover only those claims not subject to the defense of governmental immunity under the Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. Those claims not subject to Code of Iowa Section 670.4 shall be covered by the terms and conditions of this insurance policy. 3. Assertion of Government Immunity. The City of Dubuque, Iowa shall be responsible for asserting any defense of governmental immunity, and may do so at any time and shall do so upon the timely written request of the insurer. 4. Non -Denial of Coverage. The insurer shall not deny coverage under this policy and the insurer shall not deny any of the rights and benefits accruing to the City of Dubuque, Iowa under this policy for reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of the defense(s) of governmental immunity asserted by the City of Dubuque, Iowa. No Other Change in Policy. The above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy. SPECIMEN (DEPARTMENT MANAGER: FILL IN ALL BLANKS AND CHECK BOXES) Page 9 of 9 / A� " CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDIYYYY) 4/27/2023 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 lieu of such endorsement(s). PRODUCER Paul Donovan Cottingham & Butler 800 Main St. CONTACT NAME: PHONE FAX A/C No Ext : 563-587-5000 A/C No): 563-583-7339 AIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # Dubuque IA 52001 INSURERA: ACUITY, A Mutual Insurance Company 14184 INSURED GROJOH1 Gronen Restoration, Inc. PO Box 1862 INSURER B : INSURER C : INSURERD: Dubuque IA 52004-1862 INSURER E INSURER F : COVERAGES CERTIFICATE NUMBER: 1303968141 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 TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF MM/DDIYYYY POLICY EXP MM/DDIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y L89828 8/27/2022 8/27/2023 EACH OCCURRENCE $1,000,000 Fv� CLAIMS -MADE OCCUR DAMAGE TO PREMISES('a a oNcur ence)$ 250,000 X MED EXP (Any one person) $ 10,000 250 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $3,000,000 POLICY ❑ PRO- JECT ❑ LOC PRODUCTS - COMP/OP AGG $ 3,000,000 $ OTHER: A AUTOMOBILE LIABILITY L89828 8/27/2022 8/27/2023 COMBINED SINGLE LIMIT Ea accident $ 1,000,000 BODILY INJURY (Per person) $ ANY AUTO OWNED X SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ X PROPERTY DAMAGE Per accident $ HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY A X UMBRELLA LIAB X OCCUR L89828 8/27/2022 8/27/2023 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 EXCESS LIAB CLAIMS -MADE DED X RETENTION $ n $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N L89828 8/27/2022 8/27/2023 X PER OTH- STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? ❑ N/A E.L. DISEASE - EA EMPLOYEE $ 1,000,000 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Lot #411 at E 16th and Pine St. The City of Dubuque, including all its selected and appointed officials, all its employees and volunteers, all its boards, commissions and/or authorities and their board members, employees and volunteers are additional insured on the General Liability policy including ongoing and completed operations and on a primary, non- contributory basis per written contract between the named insured and the certificate holder that requires such a status subject to the terms and conditions of the endorsement attached to the policy. The General Liability and Workers Compensation policies include a waiver of subrogation in favor of the certificate holder per written contract between the named insured and the certificate holder that requires such a status subject to the terms and conditions of the endorsement attached to the policy. Governmental immunities endorsement and per project aggregate apply. A 30-day notice of cancellation is provided by the insurance company to the certificate holder as outlined by the endorsement attached to the General Liability policy. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Dubuque 50 W. 13th Street A>THORIZED REPRESENTATIVE Dubuque IA 52001 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD