Approval of a Lease Agreement by and Between the City of Dubuque, Iowa and Dubuque Aroboretum Association, Inc._HearingCity of Dubuque
City Council Meeting
Public Hearings # 07.
Copyrighted
November 20, 2023
ITEM TITLE: Approval of a Lease Agreement by and Between the City of Dubuque,
Iowa and the Dubuque Arboretum Association, Inc.
SUMMARY: Proof of publication on notice of public hearing to consider City Council
adopt a resolution approving a lease agreement between the City of
Dubuque, Iowa and the Dubuque Arboretum Association, Inc., and City
Manager recommending approval.
RESOLUTION Approving a Lease Agreement by and between the City
of Dubuque, Iowa, and Dubuque Arboretum Association, Inc.
SUGGESTED Suggested Disposition: Receive and File; Adopt Resolution(s)
DISPOSITION:
ATTACHMENTS:
Description Type
MVM Memo City Manager Memo
Staff Memo Staff Memo
Resolution Resolutions
Agreement Supporting Documentation
THE CITY OF
Dubuque
DUB TEE1.
All -America City
Masterpiece on the Mississippi
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Approval of a Lease Agreement by and Between the City of Dubuque,
Iowa and the Dubuque Arboretum Association, Inc.
DATE: November 15, 2023
Leisure Services Director Marie Ware is recommending City Council adopt a resolution
approving a lease agreement between the City of Dubuque, Iowa and the Dubuque
Arboretum Association, Inc.
The City's 25-year lease with the Dubuque Arboretum Association, Inc. termed in June
of 2017 and auto -renewed for another 25 years.
Steve Fehsal, Park Division Manager and Leisure Services Director Marie Ware worked
with the Dubuque Arboretum Association, Inc. staff and board to create a new
comprehensive 25-year lease that creates more clarity of the roles and responsibilities
of each party and maps to aid in this management. The lease has been reviewed and
approved by Senior Counsel Barry Lindahl. The proposed lease has also been
reviewed, approved, and signed by the Dubuque Arboretum Association, Inc.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
v
Micliael C. Van Milligen
MCVM:sv
Attachment
CC' Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Marie Ware, Leisure Services Director
Steve Fehsal, Parks Division Manager
THE CITY OF
DUITB E
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: Marie L. Ware, Leisure Services Director
Dubuque
AII•Amerin City
vnncx.ni. �nz; usua:
�II�I®r
2007-2012.2013
2017*2019
SUBJECT: Approval of a Lease Agreement by and Between the City of Dubuque,
Iowa and the Dubuque Arboretum Association, Inc.
DATE: November 14, 2023
INTRODUCTION
The purpose of this memo is to request the City Council to adopt the attached resolution
approving a lease agreement between the City of Dubuque, Iowa and the Dubuque
Arboretum Association, Inc.
BACKGROUND
The City's 25-year lease with the Dubuque Arboretum Association, Inc. termed in June
of 2017 and auto -renewed for another 25 years.
DISCUSSION
Steve Fehsal, Park Division Manager and I worked with the Dubuque Arboretum
Association, Inc. staff and board to create a new comprehensive 25-year lease that
creates more clarity of the roles and responsibilities of each party and maps to aid in
this management. The lease has been reviewed and approved by Senior Counsel
Barry Lindahl. The proposed lease has also been reviewed, approved, and signed by
the Dubuque Arboretum Association, Inc.
ACTION REQUESTED
I respectfully request the City Council adopt the attached resolution approving a lease
agreement between the City of Dubuque, Iowa and the Dubuque Arboretum
Association, Inc.
Memo prepared by: Steve Fehsal, Parks Division Manager
Prepared by Marie Ware Leisure Services 2200 Bunker Hill Rd. Dubuque IA 52001 563 589-4262
Return to Adrienne N. Brei#elder, City Oerk, 50 W. 13«' St., Dubuque, IA 52001, (563) 589-4100
RESOLUTION NO. 390-23
APPROVING A LEASE AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE,
IOWA, AND DUBUQUE ARBORETUM ASSOCIATION, INC.
WHEREAS, City is the owner of a public facility known as Marshall Park (the Park);
and
WHEREAS, Dubuque Arboretum Association, Inc. desires to lease and continue
to operate the above described real estate as an arboretum and botanical garden; and
WHEREAS, the City Council by Resolution No. 368-23, dated November 6th, 2023
declared it's intent to enter into a Lease Agreement by and between the City of Dubuque,
Iowa and Dubuque Arboretum Association, Inc.; and
WHEREAS, pursuant to a published notice, a public hearing was held on the
proposed lease agreement on November 20, 2023 at 6.30 p.m.; and
WHEREAS, it is the determination of the City Council that approval of the lease
agreement for the public facility known as Marshall Park, according to the terms and
conditions set out in the lease agreement, is in the public interest of the City of Dubuque.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. The Lease Agreement by and between the City of Dubuque and
Dubuque Arboretum Association, Inc. for the lease of the Park, a copy attached hereto,
is hereby approved.
Section 2. That the City Manager is hereby authorized and directed to execute the
Lease Agreement on behalf of the City of Dubuque and the City Clerk is authorized and
directed to attest his signature.
Section 3. That the City Manager is authorized to take such actions as are
necessary to comply with the terms of the Lease Agreement as herein approved.
Passed, approved, and adopted this 201h day of November, 2023.
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Brad W�b vanagd. 0
Att sf;
Adrienne N. Breitfelder, City Clerk
LEASE AGREEMENT
BY AND BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
DUBUQUE ARBORETUM ASSOCIATION, INC.
20th
This Lease Agreement, dated for reference purposes the kkX day of November,
2023, is made and entered into by and between the City of Dubuque, Iowa (City), whose
address for the purpose of this Lease Agreement is 2200 Bunker Hill Road, Dubuque,
Iowa, and Dubuque Arboretum Association Inc. (Arboretum), an Iowa nonprofit corporation,
with its principal office in Dubuque, Iowa, whose address for the purpose of this Lease
Agreement is 3800 Arboretum Drive, Dubuque, Iowa.
WHEREAS, City is the owner of a public facility known as Marshall Park (the Park);
and
WHEREAS, Arboretum desires to lease and continue to operate the Park as an
arboretum and botanical garden; and
WHEREAS, it is deemed to be in the best interest of both parties to this Lease
Agreement and to the public in general that the Arboretum lease and operate the Park as
the Dubuque Arboretum and Botanical Garden.
NOW, THEREFORE, the parties hereto agree as follows:
SECTION 1. LEASED PREMISES. City hereby leases to Arboretum the Park (the
Leased Premises) shown on Exhibit A upon the terms and conditions set forth herein.
SECTION 2. IDENTIFICATION OF THE PARK. The Leased Premises will be known as
Marshall Park.
SECTION 3. TERM OF LEASE AGREEMENT. This Lease Agreement is for a term of
twenty-five (25) years commencing November 20 , 2023, and terminating at midnight on
November 19 , 2048, (the Term).
SECTION 4. RENT. The annual rental of one dollar ($1.00) must be paid to City by
Arboretum on or before the 1 st day of December , 2023, and on the 1 St day of June of each
year during the Term.
SECTION 5. USE OF THE LEASED PREMISES. Arboretum agrees that during the
Term of the Lease Agreement, the Leased Premises will be used exclusively as an
arboretum and botanical garden.
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SECTION 6. TITLE TO IMPROVEMENTS AND TRADE FIXTURES.
6.1 Trade Fixtures. For the purposes of this Lease, "Trade Fixtures" means all of
Arboretum's personal property located on the Leased Premises used in Arboretum's
business. Title to Arboretum's trade fixtures (the Trade Fixtures) is and will be the sole and
exclusive property of Arboretum during the term of this Lease Agreement and will remain
the sole and exclusive property of Arboretum after the expiration or termination of this
Lease, for whatever reason. City acknowledges and understands that it has no right, title
or interest in or to Arboretum's Trade Fixtures either during the term of this Lease, or
thereafter (except as hereinafter provided). City acknowledges and agrees that Arboretum
has the right to encumber, sell, or hypothecate Arboretum's Trade Fixtures, to remove them
from the Leased Premises, or to otherwise deal with all or any portion of such Arboretum's
Trade Fixtures, at Arboretum's sole discretion. Upon ten (10) days' prior written notice to
City, City will execute and deliver to Arboretum a certificate in recordable form prepared by
Arboretum stating that City has no interest or right in or to Arboretum's Trade Fixtures, as
well as any other or further document which Arboretum may reasonably request from City.
6.2 Improvements. Improvements on the Leased Premises as of the commencement of
the Term are owned by City and are as follows (the Improvements) shown on Exhibit B,
Map 1:
Lion's Playground Restrooms
Legacy Tree Trail Restrooms
Heinemann Visitor Center
Caretakers Home and Garage
McAleece Building and connecting Greenhouse
Rose Garden Gazebo
Arboretum Sign on 32nd Street
Arboretum Sign and Gated Entry
Packard Pavilion Amphitheater
Long Building
Cleary Building
Garden Shed
Gas Shed
Greenhouse 2
Greenhouse 3
Hosta Shade Structure (1 and 2)
Lion's Playground
Lion's Pavilions (2)
Japanese Garden Pagodas (2)
Garden of Eatin' Trellis
(1) Arboretum may not construct any Improvements on the Leased Premises
without the prior written consent of City, in City's sole discretion. Any new
Improvements constructed by Arboretum during the Term are the property of City.
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(2) No further deed or other instrument will be necessary to confirm City's title to
any Improvements. City reserves the right to require Arboretum to remove some or
all of the Improvements, which Arboretum must accomplish within thirty (30) days of
the expiration of this Lease Agreement.
SECTION 7. ENCUMBRANCE OF ARBORETUM'S LEASEHOLD INTEREST.
Arboretum may not encumber by mortgage, deed of trust or other instrument, the Leased
Premises.
SECTION 8. TAXES.
8.1 No taxes are imposed upon or assessed against the Leased Premises. Arboretum
shall not be responsible for the payment of any taxes for the Leased Premises because
there are none.
SECTION 9. REPAIRS.
9.1 Arboretum must at all times during the term of this Lease Agreement, at Arboretum's
own costs and expense, keep the Leased Premises and the Improvements thereon, and all
appurtenances to the Leased Premises, in good order, condition and repair, and in a safe,
clean and neat condition, casualties and ordinary wear and tear excepted. Arboretum must
keep the Leased Premises in such condition as may be required by law and by the terms of
the insurance policies furnished pursuant to this Lease Agreement, whether or not such
repair is interior or exterior, and whether or not such repair is of a structural nature. Upon
reasonable notice to Arboretum, City may, at its discretion and at its cost, conduct an
annual inspection of the Leased Premises to determine Arboretum's compliance with this
Section 9.
9.2 City has the right to require Arboretum upon written notice to repair or remove any
structure on the Leased Premises which City determines does not comply with the
requirements of this Section 9, and Arboretum must repair or remove, as the notice may
require, any such structure within thirty days after receipt of such notice or within such
additional time as City may agree in its sole discretion.
9.3 Except as provided in Section 13, City has no obligation to Arboretum for any
maintenance expense of any kind on the Leased Premises or elsewhere, including but not
limited to public streets, private roads, or railroad tracks.
SECTION 10. ALTERATIONS. Arboretum may not, without City's prior written consent,
which consent may not be unreasonably withheld, make any alteration, addition, removal or
modification to any Improvement on the Leased Premises that exceeds Fifty Thousand
Dollars ($50,000.00) in cost. Any alteration, addition, or modification of less than Fifty
Thousand Dollars ($50,000.00) does not require City's consent.
SECTION 11. COMPLIANCE WITH LAW. During the term of this Lease Agreement,
Arboretum must comply with all local, state and federal laws applicable to Arboretum's use
of the Leased Premises, including but not limited to the Americans with Disabilities Act and
the Smokefree Air Act, Iowa Code Section 142D.3. Arboretum must not commit waste on
the Leased Premises except as necessary for its business purposes including the removal
or construction of any buildings and Improvements on the Leased Premises and will be
liable for any damages to or destruction of any buildings or Improvements on the Leased
Premises resulting from waste and must repair or rebuild such buildings or Improvements.
SECTION 12. USE OF LEASED PREMISES. Arboretum may not knowingly use or
allow the Leased Premises or any buildings or Improvements thereon or any
appurtenances thereto, to be used or occupied for any unlawful purpose or in violation of
any certificate of occupancy. Arboretum may not suffer any act to be done or any condition
to exist within the Leased Premises or in any Improvement thereon, or permit any article to
be brought therein, which is dangerous, unless safeguarded as required by law, or which,
in law, constitute a nuisance, public or private, or which may make void or voidable any
insurance in force with respect thereto.
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13.1 City is responsible for Lion's Playground maintenance and repair, Lion's Playground
and Legacy Tree Trail restroom cleaning, maintenance and repair, flag and flagpole
maintenance and repair on the Leased Premises, Marshall Park Sign maintenance and
repair, and drinking fountain maintenance and repair during the term of this Lease
Agreement. City is responsible for replacement of Lion's Playground at its end -of -life cycle.
13.2 City is responsible for roadway maintenance and repairs including parking lot areas,
curbs, striping and related roadway signage as shown in Exhibit B, Map 2.
13.3 City is responsible for snow and ice control of the loop roadway, Visitors' Center
parking lot, private road to garden shed, and sidewalks on corner of 32nd Street and
Arboretum Drive as shown in Exhibit B, Map 3.
13.4 City is responsible for maintenance and repair of All Veterans Memorial and
Operation Desert Storm Memorial.
13.5 City will provide trash pickup at Packard Pavilion Amphitheatre, Lion's Restroom and
Playground area, and Legacy Tree Trail Restrooms on a schedule to be determined
entirely at City's discretion. City will provide trash and/or recycling receptacles at those
locations.
13.6 City is responsible for payment of utilities related to electric meters 500100894 and
500561742.
13.7 City is responsible for the maintenance or replacement of well no. 1 as shown on
Exhibit B, Map 4.
13.8 City is responsible for City owned domestic water and sanitary sewer lines as shown
on Exhibit B, Map 5.
13.9 City Park Rangers will make periodic patrols through the Leased Premises as time is
available during the months of May through October as long as City employs Park Rangers.
13.10 Arboretum is responsible for all grounds maintenance and repairs, including but not
limited to grass cutting, sidewalks, landscaped beds, trails, fencing, ponds, bridges,
trellises, benches, arbors, and Arboretum wayfinding signage.
13.11 Arboretum is responsible for all tree maintenance. City will assist with tree/stump
removals in City's discretion based on availability of crews and access to trees.
13.12 Arboretum is responsible for maintenance, repair and replacement of all
Improvements listed in Section 6.2 with the exception of the Lion's Playground, Lion's
Playground Restroom and Legacy Tree Trail Restrooms.
13.13 Arboretum is responsible for all building maintenance and improvements including
but not limited to interior and exterior building repair and painting, heating system
maintenance, plumbing repair and maintenance, electric repair and maintenance, roof
repair and pest control at the Leased Premises.
13.14 Arboretum is responsible for all outdoor lighting with the exception of flagpole
lighting.
13.15 Arboretum is responsible for all other utility costs of the Leased Premises other than
utilities in Section 13.6. Arboretum is responsible for payment of utilities related to electric
meters #500123585, #500120306, #500503334, #500355623 and #500531315.
Arboretum is responsible for the maintenance and replacement of the natural gas line on
the Leased Premises.
13.16 Arboretum is responsible for the maintenance or replacement of well no. 2 and well
no. 3, as shown on Exhibit B, Map 4.
13.17 All improvements made by Arboretum must be built, erected, and maintained in strict
conformity with all applicable federal, state or municipal statutes and ordinances, and
policies of the City of Dubuque Park and Recreation Commission.
13.18 Any improvements made by Arboretum will remain on the Leased Premises upon
termination of this Lease Agreement and will then become the property of City. Any
proposed material improvements or modifications to the Leased Premises must be
submitted in writing to the City Manager or designee for approval by the City, which
approval may not be unreasonably withheld, and which proposed improvements or
modifications will be considered in the context of the use stated in Section 5. Examples of
material improvements or modifications would include building construction, pavilion /
shelter construction, playground expansion, roadway relocation, grading, excavation, new
garden construction and other similar projects.
5
13.19 If it becomes necessary, for reasons of economic necessity or for effective overall
development of the Park, the Arboretum may request, in writing, permission from City to
remove any of the Improvements in Section 6.2 and such permission may not be
unreasonably withheld by City.
SECTION 14. MANAGEMENT AND CONTROL. Arboretum shall have the sole
management authority and control of the Leased Premises.
SECTION 15. STAFFING. Arboretum must provide competent and qualified staff and
volunteers under appropriate supervision to plan and implement its activities and to care for
the Leased Premises.
SECTION 16. MONIES AND CONTRIBUTIONS. Arboretum agrees that all monies and
contributions derived from the Leased Premises will be used to operate, maintain, and
improve the Leased Premises.
SECTION 17. NAMING RIGHTS. No agreement between Arboretum and any third party,
including any agreement entered prior to the commencement of the Term, for any naming
rights is binding on City without the prior written consent of City.
SECTION 18. SPECIAL EVENTS. Arboretum may not hold any events on the Leased
Premises which require a Special Events Permit without applying for and being granted
such Permit by City.
SECTION 19. INSURANCE.
19.1 Arboretum must maintain during the term of this Lease Agreement insurance asset
forth in the City's Standard Insurance Schedule for Lessees of City Property, as such
uniform, standardized schedule may from time to time be amended. City must provide
written notice of any amendment to the Insurance Schedule not less than sixty days prior to
the effective date of such amendment.
19.2 Arboretum must maintain, or cause to be maintained, at its cost and expense (and
from time to time at the request of City must furnish proof of the payment of premiums
thereon), for its Trade Fixtures and the contents of all buildings fire and extended coverage
insurance as it determines appropriate, and Arboretum acknowledges that City has no
obligation for such insurance coverage.
19.3 City will provide and maintain, at its expense, for all Improvements in Section 6.2,
fire and extended coverage insurance, including wind damage, vandalism and theft.
19.4 City may at its option and its sole discretion complete the repair, reconstruction and
restoration of any damages to Improvements.
19.5 Arboretum must provide City annually evidence of dram insurance coverage with not
I
less than One Million Dollars ($1,000,000) coverage for any events at which alcoholic
beverages or beer will be provided.
19.6 City acknowledges that Arboretum may have additional insurance coverage in place
beyond what Arboretum is required to provide the City hereunder.
SECTION 20. CITY'S WARRANTIES AND REPRESENTATIONS.
20.1 City's Representation of Good Title. City covenants and warrants that City is lawfully
seized in possession of the Leased Premises, and that it has full right and authority to enter
into this Lease Agreement for the full term hereof, and covenants and agrees that upon
paying the rent provided for herein, and upon Arboretum's performing the covenants and
agreements of this Lease Agreement required to be performed by said Arboretum, that it
will have, hold and enjoy quiet possession of the Leased Premises. City warrants to
Arboretum that the Leased Premises are properly zoned for the conduct of the operation of
Arboretum's business.
20.2 City makes no representations or warranties as to the condition, including
environmental condition, of the Leased Premises and Arboretum accepts the Leased
Premises as is.
SECTION 21. ARBORETUM'S WARRANTIES AND REPRESENTATION.
22.1 Arboretum Compliance With Law. Arboretum must comply with all applicable local,
state and federal laws, rules, regulations and permits with regard to the Leased Premises
and its use, occupancy and control of the Leased Premises.
21.2 Environmental Matters.
(1) Arboretum covenants and agrees that City has no responsibility for or liability
arising from any release of a Hazardous Substance which is caused by or results
from Arboretum, Arboretum's use, occupancy or control of the Leased Premises,
except for City Hazardous Substances (any Hazardous Substance which leaches or
migrates upon the Leased Premises from any property owned by City).
Notwithstanding any other provision of this Lease Agreement, Arboretum has no
responsibility for any Hazardous Substance which leaches or migrates upon the
Leased Premises from any adjacent property or any release of a Hazardous
Substances which is caused by City or which pre-exists the date of this Lease,
except as follows: (a) Arboretum is responsible for pre-existing releases for which
Arboretum fails to take due care and adequate precaution and/or for which
Arboretum's actions or inactions initially caused a release cause a worsening of the
release, and (b) Arboretum must provide full cooperation, assistance, and access to
City or other parties investigating and/or responding to a threatened or actual
release.
(2) Arboretum covenants and agrees to promptly notify City of any release of
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Hazardous Substance in, on or about the Leased Premises of which Arboretum
suspects or has actual knowledge.
(3) Arboretum covenants and agrees to promptly take any and all necessary and
appropriate response to fully address any release of Hazardous Substance for
which Arboretum is responsible under this Section 12.2(1) following advance notice
to City. Such response includes, without limitation, notification to appropriate
governmental authorities, as may be required by law. Arboretum must seek and
obtain the concurrence of City as to any such response. Arboretum must respond to
such release to the full extent required by law in no event may Arboretum allow
limitations or restrictions to be placed on the Leased Premises without the written
consent of the City.
(4) Arboretum covenants and agrees to not manufacture, treat or dispose of
Hazardous Substances at the Leased Premises or allow the manufacture,
treatment, or disposal of Hazardous Substances on the Leased Premises.
Arboretum must use and store on the Leased Premises only those Hazardous
Substances as are associated with its regular business activities, and then only as
allowed by law.
(5) For the purposes of this Lease, "Hazardous Substance" or "Hazardous
Substances" means any hazardous or toxic substance, material orwaste which is or
becomes regulated by any local government, the State of Iowa or the United States
Government. It includes, without limitation, any material or substance that is (i)
defined as a "hazardous substance" or "hazardous waste" under Chapter 455B,
Iowa Code, (ii) petroleum and petroleum products, (iii) asbestos containing
materials in any form or condition, (iv) designated as a "hazardous substance"
pursuant to 311 of the Federal Water Pollution Control Act (33 U.S.C. § 1321), (v)
defined as a "hazardous waste" pursuant to § 1004of the Federal Resource
Conservation and Recovery Act, 42 U.S.C. §6901 et seq., (vi) defined as a
"hazardous substance" pursuant to § 101 of the Comprehensive Environmental
Response, Compensation and Liability Act, 42 U.S.0 § 9601 et seq., or (vii) defined
as a "regulated substance" pursuant to Subchapter IX, Solid Waste Disposal Act
(Regulation of Underground Storage Tanks), 42 U.S.C. § 6991 et seq.] The term
"Hazardous Substance" does not include any air emissions discharged into the
atmosphere as allowed by a duly issued permit from the applicable governmental
agency.
(6) Arboretum agrees to defend, indemnify and hold City harmless from and
against all claims, causes of action, damages, loss, costs, expense, penalties, fines,
lawsuit, liabilities, attorney fees, engineering and consulting fees, arising out of or in
any manner connected with hazardous substances, which are caused or created by
Arboretum during the term of this Lease Agreement including, but not limited to,
injury or death to persons or damage to property, and including any diminution of the
value of any Leased Premises which may result from the foregoing. This indemnity
will survive the cessation, termination, abandonment or expiration of this Lease
Agreement for a period of five years.
SECTION 22. INDEMNIFICATION.
22.1 Indemnification of Arboretum. To the extent allowed by law, City will defend,
indemnify and save harmless Arboretum from and against all liabilities, obligations, claims,
damages, penalties, causes of action, costs and expenses (including, without limitation,
reasonable attorneys' fees and expenses) imposed upon or incurred by or asserted against
Arboretum by reason of (a) any accident, injury to or death of persons or loss of or damage
to property occurring on or about the Leased Premises and resulting from any act or
omission of City, (b) any failure on the part of City to perform or comply with any of the
terms of this Lease Agreement and (c) any breach on the part of City of any warranty or
representation contained in Section 11. In case any action, suit or proceeding is brought
against Arboretum by reason of such occurrence, City will, at City expense and discretion,
either defend such action, suit or proceeding, or cause the same to be defended by counsel
approved by Arboretum, which approval will not be unreasonably withheld.
22.2 Indemnification of City. Arboretum will defend, indemnify and save harmless City
from and against all liabilities, obligations, claims, damages, penalties, causes of action,
costs and expenses (including, without limitation, reasonable attorneys' fees and expenses)
imposed upon or incurred by or asserted against City by reason of (a) any accident, injury
to or death of persons or loss of or damage to property occurring on or about the Leased
Premises during the term of this Lease Agreement and resulting from any negligence of
Arboretum or anyone claiming by, through or under Arboretum during the term of the Lease
Agreement and (b) any failure on the part of Arboretum to perform or comply in any
material respect with any of the material terms of this Lease, and (c) any material breach
on the part of Arboretum of any warranty or representation contained in Section 12. In
case any action, suit or proceeding is brought against City by reason of such occurrence,
Arboretum will, at Arboretum's expense and discretion, either defend such action, suit or
proceeding, or cause the same to be defended by counsel approved by City, which
approval will not be unreasonably withheld.
22.3 Survival. The obligations and liabilities under this Section will survive and continue
in full force and effect and are not terminated, discharged or released, in whole or in part,
irrespective of the termination or expiration of this Lease Agreement.
SECTION 23. CONDEMNATION.
23.1 Entire Condemnation. If at any time during the term of this Lease Agreement all or
substantially all of the Leased Premises or the Improvements thereon are taken in the
exercise of the power of eminent domain by any sovereign, municipality or other public or
private authority, then this Lease Agreement will not terminate on the date of vesting of title
in such taking and any prepaid rent will be apportioned as of said date. Substantially all of
the Leased Premises and the Improvements thereon will be deemed to have been taken if
the remaining portion of the Leased Premises is not of sufficient size to permit Arboretum,
in Arboretum's sole discretion, to operate its business thereon in a manner similar to that
9
prior to such taking.
23.2 Allocation of Award. Any award for such taking of all or substantially all of the
Leased Premises will be paid to the parties hereto in accordance with the following:
(1) To City, the amount of the award attributable to the Leased Premises,
determined as if this Lease Agreement was not in effect at the time of such award,
excluding therefrom the amount of the award attributable to new Improvements
constructed by Arboretum but not Improvements existing at the commencement of
the Term of this Lease Agreement, and all other sums not directly attributable to the
value of the Land constituting the Leased Premises;
(2) To Arboretum, the entire award except that portion allocated to City above.
23.3 Partial Condemnation.
(1) If less than all or substantially all of the Leased Premises or the
Improvements thereon is taken in the exercise of the power of eminent domain by
any sovereign, municipality or other public or private authority, then Arboretum, at its
option, may elect to continue this Lease Agreement in full force and effect or
terminate this Lease. If Arboretum elects to maintain this Lease Agreement in full
force and effect, the award for such partial condemnation will be allocated as
provided in Section 14.2, and Arboretum must proceed with reasonable diligence to
carry out any necessary repair and restoration so that the remaining Improvements
and appurtenances constitute a complete structural unit or units which can be
operated on an economically feasible basis under the provisions of this Lease
Agreement. In the event Arboretum elects to continue this Lease Agreement in full
force and effect after a partial condemnation, the Rent will be reduced in proportion
to the area of the Leased Premises taken.
(2) Should Arboretum elect to terminate this Lease Agreement upon a partial
condemnation, Arboretum must provide City with written notice of such election
within thirty (30) days after the date of vesting of title for such taking. Arboretum
must specify in such written notice the date on which this Lease Agreement will
terminate, which date may be not less than sixty (60) days nor more than three
hundred sixty (360) days after delivery of such notice to City (the Termination Date).
In the event Arboretum terminates this Lease Agreement, as provided for in this
Section, Arboretum is entitled to the entire award for such partial taking.
23.4 Temporary Taking. If the temporary use of the whole or any part of the Leased
Premises or the Improvements thereon or the appurtenances thereto is taken at any time
during the term of this Lease Agreement in the exercise of the power of eminent domain by
any sovereign, municipality, or other authority, the term of this Lease Agreement will not be
reduced or affected in any way, and Arboretum must continue to pay in full the rent,
additional rent and other sum or sums of money and charges herein reserved and provided
to be paid by Arboretum, and the entire award for such temporary taking must be paid to
10
Arboretum. Arboretum must repair and restore any and all damage to the Leased
Premises and the Improvements as soon as reasonably practicable after such temporary
taking.
SECTION 24. ASSIGNMENT AND SUBLETTING. This Lease Agreement may not be
assigned by Arboretum.
SECTION 25. DEFAULT AND TERMINATION.
25.1 City's Rights in the Event of Arboretum's Default. If Arboretum fails or neglects to
observe, keep or perform any of the covenants, terms or conditions contained in this Lease
Agreement on its part to be observed, kept or performed, and the default continues for a
period of ninety (90) days after written notice from City setting forth the nature of
Arboretum's default(unless such period is otherwise extended as mutually agreed upon by
the parties), then and in any such event, City has the right at its option, on written notice to
Arboretum, to terminate this Lease Agreement. City thereafter has the right to enter and
take possession of the Leased Premises with process of law and to remove all personal
property from the Leased Premises and all persons occupying the Leased Premises and to
use all necessary force therefor and in all respects to take the actual, full and exclusive
possession of the Leased Premises and every part of the Leased Premises as of City's
original estate, without incurring any liability to Arboretum or to any persons occupying or
using the Leased Premises for any damage caused or sustained by reason of such entry
on the Leased Premises or the removal of persons or property from the Leased Premises.
25.2 Arboretum's Rights in the Event of City's Default. If City fails or neglects to observe,
keep or perform any of the covenants, terms or conditions contained in this Lease
Agreement on its part to be observed, kept or performed, and the default continues for a
period of ninety (90) days after written notice from Arboretum setting forth the nature of
City's default (unless such period is otherwise extended as mutually agreed upon by the
parties), then and in any such event, Arboretum has the right at its option, on written notice
to City, to terminate this Lease Agreement, and further Arboretum has all rights available to
it provided by law or equity.
SECTION 26. RIGHT TO CURE OTHER'S DEFAULTS. Whenever and as often as a
party fails or neglects to comply with and perform any term, covenant, condition or
agreement to be complied with or performed by such party hereunder, then, following
ninety (90) days' prior written notice to such defaulting party (unless such period otherwise
extended as mutually agreed upon by the parties), the other party, at such other party's
option, in addition to all other remedies available to such other party, may perform or cause
to be performed such work, labor, services, acts or things, and take such other steps,
including entry onto the Leased Premises and the Improvements thereon, as such other
party may deem advisable, to comply with and perform any such term, covenant, condition
or agreement which is in default, in which event such defaulting party must reimburse such
other party upon demand, and from time to time, for all costs and expenses suffered or
incurred by such other party in so complying with or performing such term, covenant,
condition or agreement. The commencement of any work or the taking of any other steps
11
or performance of any other act by such other party pursuant to the immediately preceding
sentence will not be deemed to obligate such other party to complete the curing of any
term, covenant, condition or agreement which is in default.
SECTION 27. QUIET ENJOYMENT. City covenants that at all times during the term of
this Lease Agreement, so long as Arboretum is not in default hereunder, Arboretum's quiet
enjoyment of the Leased Premises or any part thereof will not be disturbed by any act of
City, or of anyone acting by, through or under City. Notwithstanding the foregoing, City has
have the right upon reasonably notice to Arboretum to enter the Demised Premised at any
time to determine whether Arboretum is in compliance with the requirement of this Lease.
SECTION 28. ESTOPPEL CERTIFICATES. Each party hereto agrees that at any time
and from time to time during the term of this Lease, within ten (10) days after request by the
other party hereto or by any lender having an interest in Arboretum's leasehold estate, it
will execute, acknowledge and deliver to the other party or to such lender or any
prospective purchaser, assignee or any mortgagee designated by such other party, a
certificate stating (a) that this Lease Agreement is unmodified and in force and effect (or if
there have been modifications, that this Lease Agreement is in force and effect as modified,
and identifying the modification agreements), (b) the date to which rent has been paid, (c)
whether or not there is any existing default by Arboretum in the payment of any rent or
other sum of money hereunder, and whether or not there is any other existing default by
either party hereto with respect to which a notice of default has been served, and, if there is
any such default, specifying the nature and extent thereof; and (d) whether or not there are
any setoffs, defenses or counterclaims against enforcement of the obligations to be
performed hereunder existing in favor of the party executing such certificate.
SECTION 29. WAIVER. No waiver by either party hereto of any breach by the other of
any term, covenant, condition or agreement herein and no failure by any party to exercise
any right or remedy in respect of any breach hereunder, will constitute a waiver or
relinquishment for the future of any such term, covenant, condition or agreement or of any
subsequent breach of any such term, covenant, condition or agreement, nor bar any right
or remedy of the other party in respect of any such subsequent breach, nor does the
receipt of any rent, or any portion thereof, by City, operate as a waiver of the rights of City
to enforce the payment of any other rent then or thereafter in default, or to terminate this
Lease, or to recover the Leased Premises, or to invoke any other appropriate remedy
which City may select as herein or by law provided.
SECTION 30. INSPECTIONS. City reserves the right to conduct periodic inspections of
the Leased Premises for the purpose of determining whether the terms and conditions of
this Lease Agreement are being promptly and faithfully performed by Arboretum.
SECTION 31. ANNUAL MEETING. Arboretum's Director and Chair must meet annually
with the City Manager or the City Manager's designee to discuss upcoming projects, repairs
and/or improvements for the next year as well as discuss any other issues or concerns.
12
SECTION 32. GRANT APPLICATIONS. Arboretum may not apply for any grants having
to do with additions or structures, new garden areas or other physical improvements from
any source without City's prior written approval.
SECTION 33. ASCAP LICENSE. Arboretum must provide to City annually a copy of its
ASCAP license.
SECTION 34. NONDISCRIMINATION. In carrying out this Lease Agreement, Arboretum
shall not discriminate against any employee or applicant for employment because of age,
color, familial status, gender identity, marital status, mental/physical disability, national
origin, race, religion/creed, sex, or sexual orientation.
SECTION 35. SURRENDER. Arboretum must, on the last day of the Term of this Lease
Agreement or upon any termination of this Lease Agreement, 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 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 Agreement and those, if
any, created by City, without (except as otherwise provided herein) any payment or
allowance whatsoever by City on account of orfor 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. Arboretum's Trade Fixtures, personal property,
equipment, materials and other belongings of Arboretum or other occupant of space in the
Leased Premises will be and remain the property of Arboretum, and Arboretum will have a
reasonable time after the expiration of the term of this Lease Agreement (not to exceed
thirty (30) days) to remove the same. If Arboretum fails to remove any Arboretum's Trade
Fixtures, personal property, equipment, materials or other belongings from the Leased
Premises within thirty (30) days of the expiration date of this Lease Agreement, they will
immediately become property of City. Arboretum must reimburse City for any costs incurred
by City having to remove, relocate, handle, store, sell or dispose of Arboretum's items
described in this Section.
SECTION 36. MEMORANDUM OF LEASE. City will record a memorandum of this
Lease Agreement.
SECTION 37. NOTICES.
38.1 All notices, demands or other writings in this Lease Agreement provided to be given
or made or sent, or which may be given or made or sent, by either party to the other, will be
deemed to have been fully given or made or sent when made in writing and deposited in
the United States mail, registered and postage prepaid, addressed as follows:
TO CITY: City of Dubuque, Iowa
City Manager
City Hall
50 West 13t" Street
13
Dubuque IA 52001
WITH COPY TO: City Attorney
City Hall
50 West 13t" Street
Dubuque IA 52001
TO ARBORETUM: Chair
Dubuque Arboretum and Botanical Gardens
3800 Arboretum Drive
Dubuque IA 52001
38.2 The address to which any notice, demand or other writing maybe given or made or
sent to any party as above provided may be changed by written notice given by the party
as above provided.
SECTION 38. MISCELLANEOUS.
39.1 Time of the Essence. Time is of the essence of this Lease Agreement and all of its
provisions.
39.2 Governing Law. It is agreed that this Lease Agreement is governed by, construed
and enforced in accordance with the laws of the State of Iowa.
39.3 Paragraph Headings. The titles to the paragraphs of this Lease Agreement are
solely for the convenience of the parties and may not be used to explain, modify, simplify or
aid in the interpretation of the provisions of this Lease.
39.4 Modification of Agreement. Any modification of this Lease Agreement or additional
obligation assumed by either party in connection with this Lease Agreement is binding only
if evidenced in a writing signed by each party or an authorized representative of each party.
39.5 Parties Bound. This Lease Agreement binds and inures to the benefit of and will
apply to the respective successors and assigns of City and Arboretum. All references in
this Lease Agreement to "City" or "Arboretum" will be deemed to refer to and include
successors and assigns of City or Arboretum without specific mention of such successors
or assigns.
39.6 Force Majeure. A party shall be excused from its obligations under this Agreement if
and to the extent and during such time as the party is prevented, impeded, or hindered,
unable to perform its obligations or is delayed in doing so due to events or conditions
outside of the party's reasonable control and after the party has taken reasonable steps to
avoid or mitigate such event or its consequences (each a "Force Majeure Event") including,
without limitation in any way, as the result of any acts of God, war, fire, or other casualty,
riot, civil unrest, extreme weather conditions, terrorism, strikes and/or labor disputes,
14
pandemic, epidemic, quarantines, government stay-at-home orders, municipal and other
government orders, failure of Internet, or other matter beyond the control of such party.
Upon the occurrence of a Force Majeure Event, the party incurring such Force Majeure
Event will promptly give notice to the other party identifying the Force Majeure Event,
explaining how it impacts performance and the estimated duration, identifying the relief
requested, agreeing to limit damages to the other party and to immediately resume
performance upon termination of the Force Majeure Event, and agreeing to supplement the
notice as more information becomes available, and thereafter the parties shall meet and
confer in good faith in order to identify a cure of the condition affecting its performance as
expeditiously as possible. No obligation to make a payment required by this Agreement is
excused by a Force Majeure Event. The nonperforming party shall not be entitled to any
damages or additional payments of any kind for any such delay.
CITY OF DUBUQUE, IOWA
By: 6&An,
Mi hael C. Van Milligan
City Manager
I-"% a 1 *3 6
By: /�,
Adrienne N. Breitfelder, City Clerk
DUBUQUE ARBORETUM
ASSOCIATION
A'.
Steven Ulstad
Chair
15
RELATED MAP EXHIBITS A AND B
16
110 1'.
pomp
x,
si
. 4
,di J Park Boundary and Maintenance Area
Dcrel. arn
4
:Arboretum
Sip
0
Arboretum Maintenance Area
C
AVWArbarehll 11 2123
ARBORETUM BUILDINGS AND STRUCTURES
EXHIBIT B - MAP 1
Liori's Playground Caretaker's Home & Garage Long Building
Paudiull �1 " Gas S=—&j
LiantP€aYrnuad
Playground ,A- Pavilion #2 Garde lsl
ee of i
Lion's Z---H to Sliado w i
Area Trelli Can ter Structure #1 —f
LSO Ia ► . HnstaShadg �'
ms w,+Rose:Garden Structure #2
'Packard Gazebo
Pavilion
Rmphitheaterk '
• .� s Japanese uY
11
peiatian � . -
beser[ Slur�rn
�Memo-ria! Japanese
All V fans 'rGarden
rial - Pagoda #2
Marshall
Park Sig
;. Legacy
a Tree Trail
Arboretum Sign Restrooms
& Gated Entry
ir7l i
Park Boundary -rr Fence Arberelum-Momloined Areo5r5iruetures
.n end Maintenance
Area City-Maintuined Areosj5lratrare5
10,4 V. 401 _ 11�1
N;'; =iuv2 Servi�.es
Shed
Cleary Building
GreenhouIe 42
Greenhouse43
McAleeoe Building &.
Greenhouse#I .
� q -4
6
Arboretuni
Sign
e
. 1 .
ARBORETUM ROADWAY MAINTENANCE & REPAIRS
EXHIBIT B - MAP 2
r t -
I r
11S Q
- �ljii &undaiy and Nalnlrllaino Atra + H m&4ftnlenanie a Rlm!n B-n: Glom
i Ialap Bile. Blue li
Ihd: lea _ r • ..
lgiio—
'•'�r7ER�IVLLIiIH � 't � CZ•
ARBORETUM SNOW & ICE CONTROL
EXHIBIT B - MAP 3
F-7
/17 r;..'
AL
w Park Boundary and Maintenance Area Snow & Ice Control m �' u
ivo-
w .
ARBORETUM WELL LOCATIONS
EXHIBIT B - MAP
y 97 •�
Well #1 1 + "
Amp
ti
Y '
x _ ,
� J
r
.� # fWel1 93 -
U
z
9��AYS �i
■ M Wells"�*
� Park Boundary and Maintenance Area ' % ; .,5°'e ss" * m1A0"m.AM
#r .
� 31E1 25 9;1 RAM
x-
ARBORETUM UTILITIES. -
EXHIBIT B - MAR 5
3
i r `a J r.
!� .i•�µ �� S. � ?`-tea �__, r� ��S � `r" .
_ i •
Sanitary €-One Pump Public Water Main wPark Boundary and Maintenance Area
H?•.I.:�sre � k u
PuhiicHydranls Private Water Main Se ea:m � �
Sanitary Sewer Main A, Water Service ConnectionsAMIN
EXHIBIT C
INSURANCE SCHEDULE A
City of Dubuque Insurance Requirements Ior Lessees of City Property and Right of Way
Licensees or Perrnittees
INSURANCE SCHEDULE A
1. shall famish a siWorl caetifitate of iiinwrann to the City of Dubuque, Iowa for the
cowerago raquracl iin Exhlhlt I prior to the leasrf_ license, or pemtllt commencement. All le Gsees of
City property and tight of way licensees or permitteas anal sutrnait an updated tartificate
annually. Each cesrtificate shall be prepared on the most current ACORD form apprbved by the
Iowa Insuranra Divisibn or an equivalent. Each CaMetete shall intludea statement under
Dewioon of Operations as to why the certificate was issued_ Lease Agreement dated
2. All pblrtiefi of insurarite required hereunder shall be with an insurer authorized to do busirtiass iri
Iowa and all insurers shall have a rating of A or batter in the current A.M. MSCs Rating Guide.
3. Each certificate shall be furnished to the Finar1ra Department of the City of Dubuque.
4. The lessee, licarrsae, or parmittae shall be required to tarry the minimum coveragellimits, or
greatar if required by law or other legal agreement, in Exhibit I. Failure to provide the requlrad
minimum tbvwage shall not be deemed a waiver of such requirements by the City of Dubuque_
5. Failure to bblain or mairdain the required insurance shall be considered a material breach of the
lease, lioense. or permit-
6. All required endorsements shall he attached to ceriiTitate.
T. whenever a spacil'it ISO form is referenced thin current edition of thin form must be used unless
an equivalent form is approved by the Director of Finance and Budget- The Iaesee, licensee, air
pL&rmittee must identify and list in writing all deviations and exclusions from the ISO form_
B. If lessee's_ licensee's, or pe rm ittae's Iim its of liability are higher than the requ ired minimum Iim its
thar5 the lessee's. Iictntoa's, or permittee's limits shall be this agreement's required limits_
9. Lessea, litensae, or perm ittet sha 11 require all subewlractars and sub -subcontractors to obtain
and maintain during this performance of work insurance far the coverages described in this
Insurance Schedule anti shall obtain certificates bf insurance from all such Subtor5ttactbrs and
sulsubcordractors_ Lessee_ licensee, or permittee agrees that it shall be liable for the failure of a
subcontractor and sub-subcbntradUbr to bblairti and maintain such) cbverage. The City may
request a copy of s uch certificates from the lessee. Iicarisee, or permittaa.
14_ Lasses, license $ perm ittees shall be responsible for deductibles and self -Insured retention and
for payment of all policy premiums arld Diner coals associated with the irnsurarice policies
required babw.
11_ All certificates of insurance must inctude 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, irld uding endorsements, required by this Schedule at any time.
13_ The City of Dubuque reserves Me right to modify thoto requirements, including limits, based on
changes In the risk or other special clrcurrislances during the term bf the agreement, subject to
mutual agreement of the pa rties.
Page 1 of 4 Schedule A LeaSaea of City Property-, Right flf YYey Lkereees or Permitlees April 2021
24
City of Dubuque I nsuranco Re-quiremorrta for Les -sees of City Property and Right of Way
Lleanseas orPermiltees
INSURANCE SCHEDULE A (Continued)
*:41:I I=91■ 1
A) COMMEFI IAL GENERAL L14BILITY
Gerka al Aggregato Limil $2_000_600
F,Mduets-Gompinln�d 0peraGorrsAggregate LWil $1.000-600
fsorsonal and AdvE§rtising lNury Limit
Can Chccurranoa 1_ ,
Fire Dantiago Limit {any ono occurrence} ,
Modica) Paymerft �S,Dfl0
1 } Covafage shall be written on an occurrence, nol claims made, form_ The general
liability coverage shall ba veften in aid wllh ISO form CG 00 01 of business
owners form SP X 02_ All deviations from the standard ISO comnmorcial general
liability form CG 0001, of 19usinses owntsfs form BP 0D (12, shall be cloarly
ideritifred_
2) Include ISO endorsement form CG 25 04 'Designated Location(s) General
Aggregate LimIL'
3) Include endorsemienl Indicating That oomage Is primary and non-oontrihutory.
4) Include Pmwvation of Governmental Immun ides Endorsemont (Sampla
attached).
5) Include addlwnal ingurod endorsement for:
The City of 0ubuquo_ including al its elaeted and appointee] officier-cj, an its
omplayMS and volunteor8, etl its boards, commigskC cis andror authontres and
their board ME?rnbers, eMIfF oS and volunteerS_ use ISO form OG 20 1(1
(Ongoing operatiorrs) or its equivalord.
S) Policy shall include Waiver of fight to Rowwar from Othert. EndotSem*mt_
RN WORKERS' COMPENSATION S EMPLOYERS LIABILITY
SlatuLory 9enefits covering all ernployoai injured on thPejob by attident of disearmo as
prescribed by Irnva Code Chapler 85.
Cwwage A Stalutary—State of Iowa
Coveerage B Employers Liability
Each Acdde nt $100_D00
Each Erployee-disease $101)_DU0
Policy Limit -Disease $501)_DU0
Policy shall include Waiver of Righl to Rrscovrsr from Others endorsement.
Coverage B limits shall bo greater if required by the umbralWexcets ineufof_
OR
If, by Iowa Code Socha 85.1 o�, thpa lessee_ lioar,soo, Of pormittee is not required to
pufohaSa Workats' Componsabon Inourance, the I mcft_ 1"nsco, or pemmitlafo shall
Nava a copy of Utia Stata'S Nlonalaellon of lsforkors' Comperreation of Employers' Liability
Coverage form on file with uha Iowa W rkam' Corrmponsabon Ir,surarico Comrissioner, as
required by Iowa Coda Suction 87.22_ Complated form must be attached.
Page 2 of 4 Schedule A Lessees of -City Property_ Rigfit of W" Lk*n! rss or Parmineeg April 2021
25
City of IDubuque Insurance Requirements Far Lessees of City Property and Right of Way
Licensees arPermittees
INSURANCE SCHEDULE A (Continued)
CN PCLLUTION LIABILITY
Cmuarage required: _ Yas —No
Poll ution Irbil Ky coverage shhall be squired d the I&MM, CXontracling party, or parmittaa
has any poll utibrr axposura for abatemant M hazardous or contaminated materials
including_ but ACA I im itad to, potroloum products_ the reamal of lead, asbemtas, or PCBs_
Pollution product and oompleled operations =woraga shall also ba covarad_
Each occurrence $2_O0_W0
Policy Aggregate $4_0Wj) 0
1) Policy to indude Job sita and transportation covaraga_
2) Include additional insured for:
The City of Dubuque_ including al its alactad and appointed officials, al its
emplayaes and Molurtitaere, all its boards, oomntiissiOr , andlor authorities and
Um it board mambws.. errmplayaes and voluntaars_ Use ISO form CG 201(1.
(Ongoing oparatbM) or its equiwalent and CG2437(Complatad operations) or
its equiwalml..
3) Incude Preservation of Gowernwental Immunities Endorsement.
4) PrDvide evidomica of Wwwaga for 5 years after completion of projecL
DI PROPERTY INSURAMC E ftEOUIPLEf) SY LSAS ; L10ENSE, OR PERMIT
Vas No
Evidence of prOparly co,reraga pravitlad: _ Yes
Inrluda the City of Dubuque as Lander Loss payable.
Ej RIGHT-OF-WAY WORK ONLY:
UMBRELLA)EXCESS $10O 0' r00
Yes No
The General Liability, Autarnobia Liability and Workars Compensaborr irrsuranca
requirements nray hmm- satlsfiad with a Combination of primary and Umbrella or Excass
Liability Insurance_ If the t.Imbialla or Excass Insurance pollcy does not follow tha fom of
the primary poicies, it shall ind ude the same eiidon McNtS as soured of the prtimary
policies including Waiver of Subrogation AN Primary and Nonrcaftibutory in favor of
the City_
F) FLOOD INSURANCE
Yes _ No
If Required Coverage $
Page 3 Of 4 Schedule A Lessees of City PFgmNly, RA* of" Lkerrsees or Permittees April 2021
26
City of Dubuque InsUFance Requirernents For Lessees of City Property and Right of Way
Licensees arPerrniltees
Pieria be awarg that naming the City of bubuq ue ass an additio-nal insured as is raquirad by this
Insurance Sr-hadula may result in the walwar of the City's govemmental Imn•r,nbas provided in Iowa Cade
sec. 670A. If you would like to prasar oa Ulrnsa inIMM ties, please use this ar domament or an equivalent
form.
PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT
1. Nonwaiver of Govemme ntal Immunity- ?ha insurer exprrsssty agrees and states that the purchase
of Ills policy and the including of the City of Dubuque, Iowa ae an Additional Insured does not waive any
of 111a defenses of governmental immunity available to the City of Dubuque_ Iowa under Code of lava
Section 670_4 as it is now axisls and as it may big amended from time to time_
2. C laims C yvarege_ Tha Insurer furlhar agrrsas that the policy of insurance shall cower only those
claims rmt subject to 111a defense of governmental imm u nity under the Coda of Iowa Section 15374_4 as it
rrow exists and as it may ba amended from time to time. Those claims not subject to Code of Iowa
Section 670.4 sha II be oowemd by the terms and conditions of th is irrsuranca policy_
3. Assertion of Govemmam Immunity_ Tha Clly of Dubuqua, Iowa shall ba responsible for asserting
any dafa nse of governm enlal imm unity, and may do so al arry time and shall do so upon tha timely written
requagt of the insurer.
4. Non-bania I of Coverage_ The insurer shall mot deny oararage u ndar this "ley and th& irwa"
Shaul rat deny any of the rights and benefits accruing to the City of Dubuque, Iowa unmder Ihls policy for
reasons of governmental immunity unless and until a court of oampetent jurisdk-Sw has ruled in la" of
the dafense(s) of governmental immunity assartE§d by the City of Dubuque, Iowa_
No Other Change irk Plot icy_ Tha a Kowa prasaryation of gawarnmental immun hies sttial I not otherwisa
change or alter the covaraga available under thrs policy_
SPECIMEN
(DEPARTMENT MANAGER; FILL IN ALL BLANKS AND CHECK BOXES)
Page 4 of 4 Schedule A Lesseas of City Prcpart , Right of Way Lkerrsees or Parminees April 2021
27
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:
11/10/2023
and for which the charge is 32.57
Subscribed to before me, a Notary Public in and for
Dubuque County, Iowa,
this loth day of November, 2023
NotaryQ.lic in and for DubuqueCounty, Iowa.
o��`^t 8� JANET K. PAPE
z 7 Commission Number 199659
My Commission Expires
�owA 12/11/2025
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 20th
day of November, 2023 at 6:30 p.m. in the Historic Federal
Building, 350 West 6th Street, second floor, Dubuque, Iowa, at
which meeting the City Council proposes to approve a Lease
Agreement between the City of Dubuque, Iowa and the Dubuque
Arboretum Association, Inc.
At the meeting, the City Council will receive oral and
written 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.
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. 13th 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.
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,
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 6th day
of November 2023.
Adrienne N. Breitfelder
City Clerk
It 11/10