HHH Enterprises, LLC Lease RenewalCity of Dubuque
City Council Meeting
Consent Items # 07.
Copyrighted
September 16, 2024
ITEM TITLE: HHH Enterprises, LLC Lease Renewal
SUMMARY: City Manager recommending City Council approval of the attached
agreement between HHH Enterprises, LLC (operator of 164 and 180
Main Street, d/b/a "The Busted Lift") and City of Dubuque.
RESOLUTION Intent to dispose of an interest in real property owned by
the City of Dubuque by Lease between the City of Dubuque and HHH
Enterprises, LLC.
SUGGESTED Suggested Disposition: Receive and File; Adopt Resolution(s)
DISPOSITION:
ATTACHMENTS:
Description Type
MVM Memo City Manager Memo
Staff Memo Staff Memo
Resolution Resolutions
Lease Supporting Documentation
Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: HHH Enterprises, LLC Lease Renewal
DATE: September 12, 2024
Dubuque
All-beria city
2007.2012.2013
2017*2019
Assistant City Engineer Robert Schiesl is recommending City Council approval of the
attached agreement between HHH Enterprises, LLC (operator of 164 and 180 Main
Street, d/b/a "The Busted Lift") and City of Dubuque.
Staff in the Engineering Department has worked with HHH Enterprises to develop a
renewal of the lease agreement that incorporates a fair market value rental rate based
on the structure's "useable area" and seasonal operation. The new lease agreement will
expire on December 31,2029, with an option to extend the Lease Agreement for two (2)
five (5) year extensions. The lessor will be required to provide certificate of liability
insurance based on the City's current requirements.
The rent will increase to Two Thousand Seven Hundred Fifty -Seven Dollars and 47/100
($2,757.47) per year upon execution of the agreement. Rent will continue with a yearly
increase based on the cost of living (COL) adjustment, or 3%, whichever is greater.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
W+tr
Mic ael C. Van Milligen
MCVM:sv
Attachment
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Gus Psihoyos, City Engineer
Robert Schiesl, Assistant City Engineer
Barry Lindahl, Senior Counsel
Tracy Schadle, Conf. Account Clerk
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: Robert Schiesl, Assistant City Engineer
SUBJECT: HHH Enterprises, LLC Lease Renewal
DATE: September 4, 2024
Dubuque
Indltd
All -America City
2007.2012*2013
2017*2019
INTRODUCTION
The Purpose of this memorandum is to request approval of the attached
agreement between HHH Enterprises, LLC (operator of 164 and 180 Main Street,
d/b/a "The Busted Lift") and City of Dubuque.
BACKGROUND
On April 19th, 2010 the City of Dubuque and HHH Enterprises entered into a lease
agreement to allow the operation of a deck and beer garden on public right-of-way at
164 and 180 Main Street. HHH Enterprise has asked to work with the City to renew their
lease agreement.
DISCUSSION
Staff in the Engineering Department has worked with HHH Enterprises to develop a
renewal of the lease agreement that incorporates a fair market value rental rate based
on the structure's "useable area" and seasonal operation. The new lease agreement will
expire on December 31,2029, with an option to extend the Lease Agreement for two (2)
five (5) year extensions. The lessor will be required to provide certificate of liability
insurance based on the City's current requirements.
Senior Counsel Barry Lindahl has reviewed and approved this lease agreement.
BUDGET IMPACT
The rent will increase to Two Thousand Seven Hundred Fifty -Seven Dollars and 47/100
($2,757.47) per year upon execution of the agreement. Rent will continue with a yearly
increase based on the cost of living (COL) adjustment, or 3%, whichever is greater.
ACTION TO BE TAKEN
I respectfully request the approval of the attached Lease Agreement with HHH
Enterprises, LLC.
cc: Barry Lindahl, Senior Counsel
Tracy Schadle, Conf. Account Clerk
Attch:
Prepared by Tracy Schadle, Account Clerk, 50 W. 13'h St., Dubuque, IA 52001, (563) 589-4276
Return to Adrienne N. Breitfelder, City Clerk, 50 W. 13th St., Dubuque, IA 52001, (563) 589-4100
RESOLUTION NO. 285-24
INTENT TO DISPOSE OF AN INTEREST IN REAL PROPERTY OWNED BY THE CITY
OF DUBUQUE BY LEASE BETWEEN THE CITY OF DUBUQUE AND HHH
ENTERPRISES, LLC.
WHEREAS, the City of Dubuque, Iowa (City) owns a portion of the sidewalk
adjacent to the southwestern boundary of West 1st Street and connecting to the real
property at 180 Main Street in the City of Dubuque, Iowa (the Property); and
WHEREAS, City and HHH Enterprises, LLC. have negotiated a Lease Agreement
for HHH Enterprises, LLC. to operate and maintain a restaurant deck and beer garden at
180 Main Street, a copy of which Lease Agreement is on file at the office of the City Clerk,
City Hall, 50 West 15th Street, Dubuque, Iowa; and
WHEREAS, City and HHH Enterprises, LLC. Have negotiated to continue the
annual rent increase based on the Cost of Living (COL) adjustment, or 3%, whichever is
greater; and
WHEREAS, the City Council believes it is in the best interests of the City of
Dubuque to approve the Lease Agreement.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
SECTION 1. The City of Dubuque intends to dispose of its interest in the Property
by Lease Agreement between City and HHH Enterprises, LLC.
SECTION 2. The Mayor is authorized and directed to execute said Lease
Agreement on behalf of the City of Dubuque.
Passed, approved and adopted this 16th day of September, 2024.
Attest:
Adrienne N. Breitfelder, City Clerk
LEASE AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
HHH ENTERPRISES, LLC.
THIS LEASE AGREEMENT dated for reference purposes the` /rf( day of
2024, by and between the City of Dubuque, Iowa (Lessor), whose
addrrs for the purpose of this Lease Agreement is 50 West 13th Street, Dubuque, IA
520 1, and HHH Enterprises, LLC (Lessee), whose address for the purpose of this Lease
Agreement is 221 Bradley Street , Dubuque, IA 52003.
WHEREAS, City is the owner of the real estate described in Exhibit A-1 and Exhibit
A-2; and
WHEREAS, HHH Enterprises, LLC desires to lease the real estate to operate and
maintain a restaurant deck and beer 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 HHH Enterprises, LLC lease the real estate;
NOW, THEREFORE, the parties hereto have mutually agreed as follows:
SECTION 1. PREMISES. City hereby leases to HHH Enterprises, LLC the following
described real estate situated in the City of Dubuque, Dubuque County, Iowa (the Leased
Premises):
A portion of sidewalk adjacent to the southwestern bound of West 1st Street
and connecting to the 180 Main Street property as shown on Exhibit A-1
and Exhibit A-2 attached hereto.
The area of the Leased Premises is .02 acres, more or less, and is subject
to easements and covenants of record and not of record.
SECTION 2. TERM OF LEASE AGREEMENT.
2.1. This Lease Agreement shall be for a term commencing on January 1, 2025 and
terminating at midnight on December 31, 2029.
2.2. Lessee has the option to extend the Lease Agreement term for two (2) five (5) -
year extensions. Lessee shall deliver written notice of the exercise of an option not less
than ninety days (90) prior to the end of the original term or an extension thereof.
2.3. Lessee's use of the Leased Premises shall be exclusively for the operation of
Lessee's current business at 180 Main Street. Any other or alternate use by Lessee,
Page 1 of 16
Lessee's Tenants, or Lessee's successors in interest or assigns is subject to prior written
approval of Lessor, which approval shall not be unreasonably withheld.
2.4. Lessor makes no representations or warranties of any kind as to the condition,
including the environmental condition, of the Leased Premises and Lessee accepts the
Leased Premises as is.
SECTION 3. RENT. Lessee agrees to pay Lessor $386.05 per month for Active -Use rent
(May 1st — October 31st) and $73.53 per month for Off -Season rent (November 1s' — April
30th), totaling $2,757.47 per year (Base Rent).
Lessee shall pay Lessor the annual rent for the Leased Premises according to the
following pay schedule:
Initial Term:
Year One (1) Rent — Due December 31 st, 2025:
$2,757.47 x COL Index December 1st, 2025
COL Index December 1st, 2024
OR
$2,757.47 x 1.03
Whichever is greater
Year Two (2) Rent — Due December 31st, 2026:
Year One (1) Rent x COL Index December 1st, 2026
COL Index December 1st, 2025
OR
Year One (1) Rent x 1.03
Whichever is greater
Year Three (3) Rent — Due December 31st, 2027:
Year Two (2) Rent x COL Index December 1st, 2027
COL Index December 1st, 2026
OR
Year Two (2) Rent x 1.03
Whichever is greater
Year Four (4) Rent — Due December 31st, 2028:
Year Three (3) Rent x COL Index December 1st, 2028
COL Index December 1st, 2027
OR
Year Three (3) Rent x 1.03
Whichever is greater
Page 2 of 16
Year Five (5) Rent —
Year Four (4) Rent x
OR
Year Four (4) Rent x
Whichever is greater
Due December 31st, 2029:
COL Index December 18', 2029
COL Index December 1st, 2028
1.03
First Renewal:
Year Six (6) Rent — Due December 31st, 2030:
Year Five (5) Rent x COL Index December 18t, 2030
COL Index December 18', 2029
OR
Year Five (5) Rent x 1.03
Whichever is greater.
Year Seven (7) Rent — Due December 31st, 2031:
Year Six (6) Rent x COL Index December 1st, 2031
COL Index December 18t, 2030
OR
Year Six (6) Rent x 1.03
Whichever is greater.
Year Eight (8) Rent — Due December 31st, 2032:
Year Seven (7) Rent x COL Index December 1st, 2032
COL Index December 1st, 2031
OR
Year Seven (7) Rent x 1.03
Whichever is greater.
Year Nine (9) Rent— Due December 31st, 2033:
Year Eight (8) Rent x COL Index December 1st, 2033
COL Index December 18t, 2032
OR
Year Eight (8) Rent x 1.03
Whichever is greater.
Year Ten (10) Rent — Due December 31st, 2034:
Year Nine (9) Rent x COL Index December 18', 2034
COL Index December 18t, 2033
OR
Year Nine (9) Rent x 1.03
Whichever is greater.
Page 3 of 16
Second Renewal:
Year Eleven (11) Rent— Due December 31st, 2035:
Year Ten (10) Rent x COL Index December 1st, 2035
COL Index December 1st, 2034
OR
Year Ten (10) Rent x 1.03
Whichever is greater.
Year Twelve (12) Rent — Due December 31st, 2036:
Year Eleven (11) Rent x COL Index December 1st, 2036
COL Index December 1st, 2035
OR
Year Eleven (11) Rent x 1.03
Whichever is greater.
Year Thirteen (13) Rent — Due December 31st, 2037:
Year Twelve (12) Rent x COL Index December 1st, 2037
COL Index December 1st, 2036
OR
Year Twelve (12) Rent x 1.03
Whichever is greater.
Year Fourteen (14) Rent — Due December 31st, 2038:
Year Thirteen (13) Rent x COL Index December 1st, 2038
COL Index December 1st, 2037
OR
Year Thirteen (13) Rent x 1.03
Whichever is greater.
Year Fifteen (15) Rent — Due December 31st, 2039:
Year Fourteen (14) Rent x COL Index December 1st, 2039
COL Index December 1st, 2038
OR
Year Fourteen (14) Rent x 1.03
Whichever is greater.
COL Index means the Consumer Price Index for all items for All Urban Consumers—U.S.
City Average, published by the U.S. Department of Labor, Bureau of Labor Statistics or
the comparable index in the event the COL Index is replaced by the U.S. Department of
Labor.
Lessee shall also pay costs for all utilities serving the Demised Premises.
Page 4 of 16
SECTION 4. TAXES FEES AND CHARGES. Lessee agrees to timely pay all fees and
charges and all property taxes that may be levied against the Leased Premises and to
timely pay all property taxes levied or assessed against existing or new improvements
placed upon the Leased Premises promptly upon receipt of a statement from City of the
amount of such fees, charges and taxes. Lessee agrees to timely pay all Special
Assessments that may be levied against the Leased Premises promptly upon receipt of
a statement from City of the amount of such assessments. Lessee shall further provide
to Lessor official receipts of the appropriate taxing authority or other evidence satisfactory
to Lessor evidencing payment thereof.
SECTION 5. PEACEFUL POSSESSION. City agrees and covenants that Lessee, on
payment of the rent and performing the covenants and conditions herein contained, shall
and may peacefully and quietly have, hold, and enjoy the Leased Premises for the term,
hereof.
SECTION 6. CONTROL AND ACCESS.
6.1. 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 Lessee. Except in cases of emergency,
the City shall provide the Lessee with reasonable notice before entering the premises.
Reasonable notice shall be defined as a minimum of 24 hours written or verbal notice.
6.2. Lessee shall allow access to any utility company for utility service installations, if
required, subject to approval by City.
6.3. It is agreed and understood that sole management authority and control of the
Leased Premises, for and within the use stated in Section 7, shall be with Lessee.
SECTION 7. USE OF THE LEASED PREMISES.
7.1. Lessee shall not 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. Lessee shall 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 may be
dangerous, unless safeguarded as required by law, or which may, in law, constitute a
nuisance, public or private, or which may make void or voidable any insurance in force
with respect thereto.
7.2. Special Conditions:
(1) Hours of operation shall be from seven o'clock (7:00) A.M. to ten o'clock
(10:00) P.M. Sunday through Thursday and from seven o'clock (7:00) A.M. to
twelve o'clock (12:00) midnight Friday and Saturday.
Page 5 of 16
(2) Area of usage for ground level adjacent to 180 Main Street with dimensions
of approximately 18' x 30' and delineation in place as required. Seating is limited
to 29 occupants.
(3) Area of usage for deck with dimensions of approximately 24' x 15' with
seating limited to 26 occupants.
(4) Operations shall comply with all City of Dubuque Health Department food
service regulations.
7.3. Lessee shall adhere to the City of Dubuque's criteria for outdoor service of
alcoholic beverages on public right of way as set forth the Dubuque City Code — Chapter
5 Alcoholic Beverages (Exhibit C) and as amended from time to time. Lessee shall also
adhere to all permitting requirements set forth in the City of Dubuque Special Event permit
process. Failure to comply with any such criteria or requirements shall be grounds for
revocation of this Lease Agreement. The parties acknowledge that the Leased Premises
are used by Lessee's tenants, and that Lessee's tenants will be informed of these
requirements.
7.4. Lessee shall adhere to the City of Dubuque's criteria for occupancy on public right
of way as set forth in Exhibit B. Lessee shall not allow the occupancy at any one time for
all of the open areas combined shown on Exhibit B to exceed 55 occupants.
7.5. Prior to the commencement of this Lease Agreement, Lessee shall provide Lessor
with copies of all leases to the property adjacent to the Leased Premises to which Lessee
is a party.
SECTION 8. IMPROVEMENTS. Lessee shall not without prior written approval of the
City Manager construct on the Leased Premises any improvements. Lessor, through its
City Manager, shall have the right to approve the design, appearance and quality of any
such improvements. All improvements presently on the Leased Premises and all
improvements hereafter constructed on the Leased Premises are and shall be the
property of Lessee during the term of this Lease.
SECTION 9. GROUNDS AND BUILDING MAINTENANCE.
9.1. Lessee shall at all times during the term of this Lease, at Lessee's own costs and
expense, keep the Leased Premises and the improvements thereon, in superior order,
condition, and repair, casualties and ordinary wear and tear excepted. Lessee shall 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, whether or not such repair shall be
interior or exterior, and whether or not such repair shall be of a structural nature. Upon
reasonable notice to Lessee, Lessor may, at its discretion, conduct an inspection of the
Leased Premises to determine Lessee's compliance with this Section 9.
9.2. Lessee Agrees that:
Page 6 of 16
(1) Lessee takes the Leased Premises as is.
(2) Lessee shall be responsible for all building maintenance and
improvements. Lessee shall keep the Leased Premises and any building
structure thereon in a neat and orderly condition at all times and in condition
of repair and in conformance with all federal, state, or municipal regulations
in regard to the use of the Leased Premises.
Lessee shall be responsible for daily trash removal from the Leased
Premises.
(4) There shall be no outdoor storage of equipment, construction materials or
other personal property of any kind on the Leased Premises. The Lessee
is permitted to store certain items on the deck or patio. These items include,
but are not limited to: tables, chairs, potted plants, outdoor furniture, and
small decorative items.
SECTION 10. UTILITIES. Lessor shall pay the costs for all utilities and services which
may be used upon the premises.
SECTION 11. INSURANCE. Lessee shall obtain insurance as set forth in the City's
Insurance Schedule (Exhibit D) for Lessees of City Property as such schedule may from
time to time be amended. A copy of the current schedule is attached here to. Lessor
shall provide City with a copy of valid certificates of insurance at the commencement of
the Term of the Lease Agreement lease and subsequent copies prior to expiration of any
certificate and within thirty (30) days of any amendment to the City's Insurance Schedule.
SECTION 12. COMPLIANCE WITH LAW.
12.1. During the term of this Lease, Lessee shall comply with all laws applicable to
Lessee's use of the Leased Premises.
12.2. This Lease Agreement shall be subject to Lessee's tenants maintaining a Class
C Liquor License of the Leased Premises during the term of the Lease.
SECTION 13. INDEMNITY. Lessee shall defend, indemnify, and save harmless
Lessor, its officers, agents, and employees, from and against all Liabilities, obligations,
claims, damagers, penalties, causes of action, costs and expenses (including without
limitation, reasonable attorneys' fees and expenses) imposed upon or incurred by or
asserted against Lessor 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 act or omission of Lessee or anyone
claiming by, through, or under Lessee during the Term of this Lease Agreement; and (b)
any failure on the part of Lessee to perform or comply with any of the terms of this Lease
Agreement. In case any action, suit, or proceeding is brought against Lessor, its officers,
(3)
Page 7 of 16
agents, or employees, by reason of such occurrence, Lessee shall, at Lessee's expense,
resist and defend such action, suit, or proceeding, or cause the same to be resisted and
defended by counsel approved by Lessor.
SECTION 14. ENCUMBRANCE OF LESSEE'S LEASEHOLD INTEREST. Lessee
shall not encumber by mortgage, deed of trust, or other instrument, its leasehold interest
and estate in the Leased Premises, or any Improvements placed by Lessee on the
Leased Premises, as security for any indebtedness of Lessee.
SECTION 15. ASSIGNABILITY AND SUBLETTING. Lessor acknowledges that
Lessee's tenants shall be the users of the Leased Premises, and Lessee shall subject
such tenants to the terms of this Lease pursuant to Lessee's leases with its tenants and
shall provide Lessor with satisfactory proof of the same. Lessee further agrees that this
Lease shall not be assigned, and the Leased Premises shall not be sublet without prior
written approval of Lessor, which approval shall not be unreasonably withheld
SECTION 16. SURRENDER.
16.1. Upon termination of this Lease Agreement, Lessee shall surrender the Leased
Premises to City in good and clean condition and shall remove all nonpermanent
furnishings, equipment and appurtenances from the Leased Premises within (30) days
after termination; any costs and charges of such removal and property restoration
incurred by City shall be paid Lessee upon receipt of a statement for such costs and
charges by Lessee from Lessor.
16.2. Lessee shall remove all such improvements and restore the Leased Premises to
the condition it was in immediately prior to the commencement of the Term of this Lease
Agreement and to the full satisfaction of Lessor.
SECTION 17. TERMINATION.
17.1. Upon termination, City shall have the right to enter the Leased Premises and to
assume exclusive use and control thereof.
17.2. Notwithstanding any provision herein to the contrary, this Lease Agreement may
be terminated by either party at any time, with or without cause, upon sixty (60) days'
written notice to the other party, whereupon, provided it is not otherwise in default, neither
party shall have any further obligation to the other hereunder
SECTION 18. DEFAULT, NOTICE OF DEFAULT AND REMEDIES.
18.1. Failure to observe or perform any duties, obligations, agreements, or conditions
imposed on Lessee pursuant to the terms of the Lease Agreement shall constitute an
event of default by Lessee.
Page 8 of 16
18.2. If Lessee shall make default in the payment of the rental hereunder, or any part
thereof, or shall make default in the performance of any of the other covenants herein
contained, and such default shall continue for a period of ten (10) days after written notice
thereof, specifying the default complained of, mailed to Lessee at its address in the City
of Dubuque, Iowa, by United States registered mail, or such other address as Lessee
may from time to time specify in writing, then it shall be lawful for City, at its election, to
declare the terms of this Lease Agreement ended and to expel and remove Lessee, or
any person, or persons, in and upon the same, using such force as may be necessary
under the circumstances. Lessee hereby covenants and agrees to surrender and deliver
up to the Leased Premises peaceably to City.
SECTION 19. WAIVER. No waiver by Lessor of any breach by Lessee of any term,
covenant, condition, or agreement herein and no failure by Lessor to exercise any right
or remedy in respect of any breach hereunder, shall 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 Lessor in respect of any such subsequent breach, nor shall the receipt of any rent, or
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 Lessor
may select as herein or by law provided.
SECTION 20. MECHANICS' LIENS. Neither Lessor, nor anyone claiming by, through,
or under Lessor, right
o
le
ny mechanic's
Premises or to allow aiany other l have epe person offile aany melienagainst
mechanic's lien against the Leased
Premises.
SECTION 21. NOTICES AND DEMANDS. All notices shall be given to the parties
hereto at the addresses designated unless either party notifies the other, in writing, of a
different address. Without prejudice to any other method of notifying a party in writing or
making a demand or other communication, such notice shall be considered given under
the terms of this Lease when it is deposited in the U.S. Mail, registered or certified,
properly addressed, return receipt requested, and postage prepaid.
To Lessor: City of Dubuque, Iowa
C/o City Manager
City Hall
50 W. 13th Street
Dubuque, IA 52001
To Lessee: Heath H. Hutchinson
HHH Enterprises, LLC
221 Bradley Street
Dubuque, IA 52001
Page 9 of 16
SECTION 22. MISCELLANEOUS
22.1. Time of the Essence. Time is of the essence in this Lease Agreement and all of
its provision.
22.2. Governing Law. It is agreed that this Lease Agreement shall be governed by,
construed, and enforced in accordance with the laws of the State of Iowa.
22.3. Paragraph Headings. The titles to the paragraphs of this Lease Agreement are
solely for the convenience of the parties and shall not be used to explain, modify, simplify,
or aid in the interpretation of the provisions of this Lease Agreement.
22.4. Modification of Agreement. Any modification of this Lease Agreement or additional
obligation assumed by either party in connection with this Lease Agreement shall be
binding only if evidenced in writing signed by each party or an authorized representative
of each party.
22.5. Parties Bound. This Lease Agreement shall be binding on and shall inure to the
benefit of and shall apply to the respective successors and assigns of Lessor and Lessee.
All references in this Lease Agreement to "Lessor" or "Lessee" shall be deemed to refer
to and include successors and assigns of Lessor or Lessee without specific mention of
such successors or assigns.
SECTION 23. PROVISIONS BINDING. Each and every covenant and agreement herein
contained shall extend to and be binding upon the respective successors, heirs,
administrators, executors and assigns of the parties hereto.
CITY OF DUBUQUE, IOWA
By:
Brad Cay22.r.Lag
Mayor, City of Dubuque
City Hall
50 W. 13th Street
Dubuque, IA 52001
Adrienne N. Breitfelder, City Clerk
HHH ENTERPRISES
B y, ,
/4--
Heath Hutchinson, President of HHH
Enterprises, LLC
HHH Enterprises, LLC
221 Bradley Street
Dubuque, IA 52003
Page 10 of 16
STATE OF IOWA, DUBUQUE COUNTY, ss:
On this __l �` day of , :.t before me, the undersigned, a
Notary Public in and for said State, p sonally appeared MR. HEATH HUTCHINSON, to
me known to be the identical person named in and who executed the foregoing instrument
and acknowledged that he executed the same as his voluntary act and deed.
4,°44,, SARA A, HUTCHINSON
2 ' Commission Number 782200
. My Commission Expires
Owl. January 17, 2026
Notary I blic, State of Iowa
STATE OF IOWA, DUBUQUE COUNTY, ss:
On this j`1 day of , 2024, before me, a Notary Public in and
for the State of Iowa, in and for said county, personally appeared Brad Cavanagh and
Adrienne N. Breitfelder, to me personally known, who being by me duly sworn did say
that they are the Mayor and City Clerk, respectively of the City of Dubuque, a Municipal
Corporation, created and existing under the laws of the State of Iowa, and that the seal
affixed to said instrument is the seal of said Municipal Corporation and that said
instrument was signed and sealed on behalf of said Municipal corporation by authority
and resolution of its City Council and said Mayor and City Clerk acknowledged said
instrument to be the free act and deed of said Municipal Corporation by it voluntarily
executed.
iOW .
TUSDEE LYNN ILUS
CommHulon Number 84247E
My Comm. ExpLcika?ti
otary Public, State of Iowa
Page 11 of 16
Exhibit A-1
Sketch of Survey — HHH Enterprises
02.01.08
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Page 12 of 16
12.1 ft
3.8 ft
6.0 ft
Area
Approx 443.39 sq ft
10.0 ft
7.5 ft
8.1ft
Stairs
Permanent Storage
i
ui lu
7.5 ft 4.2 ft
Approx 19ft 4.2 ft
Ground Level Footprint: (19 x 40) = 760 sq. ft.
Ground Level "Usable Area": 443.39 sq. ft.
Second Level "Usable Area": + 396.19 sq. ft.
Stairs + Landing: + 80.61 so. ft.
Total "Usable Area": Approx. 920.19 sq. ft.
Exhibit A-2
0
4
24.0 ft
7.5 ft
2.5 ft
3.3 ft
14.5 ft
Area
Approx 396.19 sq. ft.
2.3 ft
4.3 ft
7.7 ft
Area
A'prsx 86.61
q
Lairs
Page 13 of 16
Exhibit B
180 Main Street Back Deck / Beer Garden
Occupant Load Calculations
2008.01.08
Fire Code:
• Standing room zones can hold 1 person for every 5 square feet of space
• Zones with folding chairs can hold 1 person for every 7 square feet of space
• Table and chair space can house 1 person for every 15 square feet of space
Deck Dimensions:
First Level Total Usable Square Feet: 443.39 sq. ft.
Second Level Total Usable Square Feet: 396.19 sq. ft
Total Usable Square Feet: 839.58 sq. ft.
Max Load with
standing room
Max Load with folding
chairs
Max Load with tables
and chairs
1 person per 5
sq ft
1 person per 7
sq ft
1 person per
15sgft
88 persons
66 persons
29 persons
79 persons
56 persons
26 persons
167
persons
122
persons
5 persons
Page 14 of 16
Exhibit C
Dubuque City Code — Chapter 5 Alcoholic Beverages:
Sec. 5-3. Prohibited Sales And Acts:
A person or club holding a liquor license or retail wine or beer permit under this chapter, and
the person's or club's agents or employees, shall not do any of the following:
(1) Sell, dispense, or give to any intoxicated person, or a person simulating intoxication,
any alcoholic liquor, wine or beer.
(2) Sell or dispense any alcoholic liquor, wine or beer on the premises covered by the
license or permit, or permit its consumption thereon between the hours of two o'clock
(2:00) A.M. and six o'clock (6:00) A.M. on any weekday, and between the hours of two
o'clock (2:00) A.M. on Sunday and six o'clock (6:00) A.M. on the following Monday;
however, a holder of a liquor control license or retail beer permit granted the privilege of
selling alcoholic liquor, wine or beer on Sundays, may sell or dispense such liquor, wine
or beer on Sunday only between the hours of eight o'clock (8:00) A.M. and two o'clock
(2:00) A.M. the following Monday.
(3) Sell alcoholic beverages, wine or beer to any person on credit, except with a bona
fide credit card. This provision shall not apply to sales by a club to its members nor to
sales by a hotel or motel to bona fide registered guests.
(4) Employ any person under the age of eighteen (18) years in the sale or serving of
alcoholic liquor, wine or beer for consumption on the premises where sold.
(5) In the case of a retail beer or wine permittee, knowingly allow the mixing or adding of
alcohol or any alcoholic beverage to beer, wine or any other beverage in or about the
permittee's place of business.
(6) Keep, or allow to be kept, gambling devices of any kind or description on the
premises of place of business of the licensee or permit holder, contrary to law.
(7) Keep on premises covered by a liquor control license any alcoholic liquor in any
container except the original package purchased from the division, and except mixed
drinks or cocktails mixed on the premises for immediate consumption. This prohibition
does not apply to common carriers holding a class D liquor control license.
(8) Reuse for packaging alcoholic liquor or wine any container or receptacle used
originally for packaging alcoholic liquor or wine; or adulterate, by the addition of any
substances, the contents or remaining contents of an original package of an alcoholic
liquor or wine; or knowingly possess any original package which has been so reused or
adulterated. (1976 Code, § 5-3; Ord. 50-94, § 4, 9-19-1994; Ord. 68-97, § 2, 11-17-
1997)
Page 15 of 16
Exhibit D
INSURANCE SCHEDULE A
Page 16 of 16
City of Dubuque Insurance Requirements for Lessees of City Property and Right of Way
Licensees or Permittees
INSURANCE SCHEDULE A
1. 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 higher than the required minimum limits
then the lessee's, licensee's, or permittee's limits shall be this agreement's required limits.
9. Lessee, licensee, or permittee shall require all subcontractors and 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 1 of 4 Schedule A Lessees of City Property; Right of Way Licensees or Permittees January 2023
City of Dubuque Insurance Requirements for Lessees of City Property and Right of Way
Licensees or Permittees
INSURANCE SCHEDULE A (Continued)
EXHIBIT I
A) COMMERCIAL GENERAL LIABILITY
General Aggregate Limit $2,000,000
Products -Completed Operations Aggregate Limit $1,000,000
Personal and Advertising Injury Limit $1,000,000
Each Occurrence $1,000,000
Fire Damage Limit (any one occurrence) $50,000
Medical Payments $5,000
1) 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 endorsement form 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 13th
Street Dubuque, Iowa 52001
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
Coverage B
Statutory —State of Iowa
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
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 2 of 4 Schedule A Lessees of City Property; Right of Way Licensees or Permittees January 2023
City of Dubuque Insurance Requirements for Lessees of City Property and Right of Way
Licensees or Permittees
Coverage form on file with the Iowa Workers' Compensation Insurance Commissioner, as
required by Iowa Code Section 87.22. Completed form must be attached.
C) POLLUTION LIABILITY
Coverage required: Yes 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 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 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.
D) 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.
E) RIGHT-OF-WAY WORK ONLY:
UMBRELLA/EXCESS $1,000,000
Yes No
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 No
If Required Coverage $
Page 3 of 4 Schedule A Lessees of City Property; Right of Way Licensees or Permittees January 2023
City of Dubuque Insurance Requirements for Lessees of City Property and Right of Way
Licensees or Permittees
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 4 of 4 Schedule A Lessees of City Property; Right of Way Licensees or Permittees January 2023