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Approving the Lease Agreement Between The City of Dubuque and the LAMAR CompaniesCity of Dubuque City Council PUBLIC HEARINGS # 3. Copyrighted August 4, 2025 ITEM TITLE: Approving the Lease Agreement Between The City of Dubuque and The LAMAR Companies SUMMARY: Proof of Publication on notice of public hearing to consider the Lease Agreement by and between the City of Dubuque and The LAMAR Companies for a billboard located at the north edge of the city -owned parking lot at 8th and White Street and City Manager recommending approval. RESOLUTION Approving The Lease Agreement by and Between the City of Dubuque and the LAMAR Companies for Real Property Located on White Street SUGGUESTED Receive and File; Adopt Resolution(s) DISPOSITION: ATTACHMENTS: 1. MVM Memo 2. Staff Memo for Approving Lease 3. 08.04.25 LAMAR Public Hearing - Resolution 4. LAMAR 8th-White Lease Page 1174 of 1311 Dubuque THE CITY OF uFA�a9a av DuBE 13 Masterpiece on the Mississippi zoo�•*o rP PP 2017202019 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Approving the Lease Agreement Between The City of Dubuque and The LAMAR Companies DATE: July 29, 2025 City Engineer Gus Psihoyos is recommending City Council approval of the Lease Agreement by and between the City of Dubuque and The LAMAR Companies for a billboard located at the north edge of the city -owned parking lot at 8t" and White Street. The Lease Agreement between the City and The LAMAR Companies has a five (5) year term, commencing on October 1, 2025, with an additional five (5) year extension, unless either party gives written notice of nonrenewal sixty (60) days prior to the end of the original term. Upon execution of this Lease Agreement, the annual rent commencing in October 1, 2025, will be $2,800 or twenty percent (20%) of the gross revenue from billboard advertising, whichever is greater. There is a CPI or three percent (3%) rent increase each year on the anniversary date. I concur with the recommendation and respectfully request Mayor and City Council approval. Y Mic ael C. Van Milligen MCVM:sv Attachment cc: Crenna Brumwell, City Attorney Cori Burbach, Assistant City Manager Gus Psihoyos, City Engineer Barry Lindahl, Senior Counsel Tracy Schadle, Conf. Account Clerk Page 1175 of 1311 Dubuque THE CF All -America Ciry D!UjB E-E 1 I��I -2013 Masterpiece on the Mississippi zoo17*2019 �' Pp zoi�*Zoi9 TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer DATE: August 4, 2025 RE: Approving the Lease Agreement Between The City of Dubuque and The LAMAR Companies INTRODUCTION This memorandum requests the City Council approve the attached Lease Agreement between the City of Dubuque and The LAMAR Companies. BACKGROUND On November 7, 2023, the City of Dubuque purchased real property owned by Dubuque County, specifically, the parking lot located next to the warehouse building at 880 and 898 Central. DISCUSSION With the purchase of this parking lot, the City also acquired the billboard lease between Dubuque County and The LAMAR Companies. Engineering Staff and Senior Counsel Barry Lindahl have worked with The LAMAR Companies to negotiate a new Lease Agreement. The Lease Agreement between the City and The LAMAR Companies has a five (5) year term, commencing on October 1, 2025, with an additional five (5) year extension, unless either party gives written notice of nonrenewal sixty (60) days prior to the end of the original term. The Lease Agreement allows LAMAR to advertise on the billboard for entities with a physical location and presence in the following Iowa, Illinois, and Wisconsin counties: Dubuque County, Clayton County, Delaware County, Jones County, and Jackson County, Jo Daviess County, Illinois and Grant County, Wisconsin. BUDGETIMPACT Upon execution of this Lease Agreement, the annual rent commencing in October 1, 2025, will be $2,800 or twenty percent (20%) of the gross revenue from billboard advertising, whichever is greater. There is a CPI or three percent (3%) rent increase each year on the anniversary date. Page 1176 of 1311 RECOMMENDATION I respectfully request the City Council to approve the Lease Agreement by and between the City of Dubuque and The LAMAR Companies. cc: Barry Lindahl, Senior Counsel Tracy Schadle, Conf. Account Clerk 2 Page 1177 of 1311 Prepared by Tracy Schadle City of Dubuque Engineering 50 W. 131" St. Dubuque IA 52001 (563) 589-4270 Return to Adrienne N. Breitfelder City Clerk City of Dubuque, 50 W. 131" St. Dubuque, IA 52001 (563) 589-4100 RESOLUTION NO. 266 - 25 APPROVING THE LEASE AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE AND THE LAMAR COMPANIES FOR REAL PROPERTY LOCATED ON WHITE STREET WHEREAS, the City of Dubuque, Iowa (City) has tentatively entered into a Lease Agreement with The LAMAR Companies (LAMAR), subject to City Council approval, under which LAMAR will lease certain real property located on White Street in Dubuque, Iowa for a billboard; and WHEREAS, the City Council finds that it is in the best interest of the City of Dubuque to approve the Lease Agreement, subject to the required public hearing. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: SECTION 1. The Lease Agreement attached hereto is hereby approved. SECTION 2. The Mayor is hereby authorized and directed to sign the Lease Agreement on behalf of the City of Dubuque. Passed, approved and adopted this 4th day of August 2025. Attest: Adrienne N. Breitfelde"r, City Clerk Brad M. Ca a h, Mayor LEASE AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND THE LAMAR COMPANIES This Lease Agreement (the Lease), dated for reference purposes the � day of 4144 , 2025, is made and entered into by and between the City of Dubuque, Iowa, a rhuniGipal corporation (Lessor) and The Lamar Companies (Lessee). SECTION 1. DEMISE AND TERM. 1.1 In consideration of the rents hereinafter reserved and the terms, covenants, conditions and agreements set forth in this Lease, Lessor hereby leases to Lessee the real property described as follows: One (1) side by side s/f 12' x 25' illuminated center mount uni-pole on NW corner 8th & White Street at the north edge of the parking lot (the Demised Premises), to have and to hold for a term commencing on the 1st day of October, 2025 (the Commencement Date) and terminating at midnight on the 30th day of September, 2030, subject to all of the terms, covenants, conditions, and agreements contained herein. Following the original term of the Lease, the term hereof shall be extended for an additional term of five (5) years, upon the same terms and conditions, unless either party gives written notice of nonrenewal at lease sixty (60) days prior to end of the original term. After the original or any renewal term of this Lease, it shall continue from year to year unless either party shall give the other party written notice of nonrenewal at lease sixty (60) days prior to the expiration of the then -current term. 1.2 Lessee's use of the Demised Premises shall be exclusively for Lessee's current billboards. The advertising on such billboards shall be limited to advertising for entities with a physical location and presence in the following Iowa, Illinois, and Wisconsin counties that are contiguous to the City of Dubuque and Dubuque County: Dubuque County, Iowa Clayton County, Iowa Delaware County, Iowa Jones County, Iowa Jackson County, Iowa Jo Daviess County, Illinois Grant County, Wisconsin 1.3 Lessor makes no representations or warranties of any kind as to the condition, including the environmental condition, of the Demised Premises and Lessee accepts the Demised Premises as is. SECTION 2. RENT. 2.1 Lessee shall pay Lessor annual rent for the Demised Premises commencing on October 1, 2026, and on the 1 St of October of each year thereafter the greater of Two Thousand Eight Hundred Dollars ($2800.00) (the Dollar Rent Amount) or twenty percent (20%) of the Lessee's annual gross revenue from the billboards on the Demised Premises. Lessee shall provide Lessor with an annual statement showing its gross revenue for the previous twelve (12) months commencing on September 1, 2026 and on the 1 st day of September of each year thereafter. The Dollar Rent Amount for each year of the Term, beginning on the first anniversary date of the Commencement Date and continuing on each subsequent anniversary date thereof, shall be determined by multiplying the Dollar Rent Amount in effect immediately prior to the applicable anniversary of the Commencement Date by the CPI Adjustment (as hereinafter defined) and then adding the resulting product, if positive (CPI Increase), to the Dollar Rent Amount in effect immediately prior to the applicable anniversary date; provided, however, in no event shall the CPI Increase exceed three percent (3%) of the then -current Rent and provided, further, that in no event shall the Dollar Rent Amount for any year be less than the Doller Rent Amount for the immediately preceding year. The "CPI Adjustment" shall be a fraction expressed as a decimal, the numerator of which shall be the Current CPI minus the Prior CPI and the denominator of which is the Prior CPI, or 3% whichever amount is less. The "Current CPI" is the latest CPI published prior to the anniversary date of the lease term. The "Prior CPI" is the CPI published in the immediately preceding calendar year for the same month as the Current CPI. The term "CPI" shall mean the "Consumer Price Index for All Urban Consumers (CPI-U)" published by the Bureau of Labor Statistics of the U.S. Department of Labor, All Items (1982-84=100), U.S. City Average, or any successor index thereto, appropriately adjusted. If the CPI ceases to be published and there is no successor thereto, such other government or nonpartisan index or computation shall be used which would obtain a substantially similar result as if the CPI had not been discontinued. All invoice payments required by this Lease shall be made payable to "The City of Dubuque, Iowa" and delivered to the City of Dubuque Finance Department, City Hall. Any payments due not paid in full by the due date shall be subject to the lesser of the maximum interest provided by law or the following rates: • 1 % per month Page 1180 of 1311 2.2 Lessee shall also pay the costs for all utilities serving the Demised Premises. 2.3 Lessee shall also pay any real estate taxes attributable to the Demised Premises or the Improvements. SECTION 3. IMPROVEMENTS. Lessee shall not construct on the Demised Premises any improvements, not alter or enlarge the improvements presently on the Demised Premises (the Improvements) except as may be agreed upon in writing by Lessor and Lessee. 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 Demised Premises and all Improvements hereafter constructed on the Demised Premises are and shall be the property of Lessee during the term of this Lease and upon any termination of this Lease, by reason of any cause whatsoever, Lessee within thirty days thereafter shall remove all such improvements and restore the Demised Premises to the condition it was in immediately prior to the commencement of the term of this Lease and to the full satisfaction of Lessor. SECTION 4. 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 Demised Premises, or any Improvements placed by Lessee on the Demised Premises, as security for any indebtedness of Lessee. SECTION 5. REPAIRS AND MAINTENANCE. Lessee shall at times during the term of this Lease, at Lessee's own cost and expense, keep the Demised Premises and the Improvements thereon, in superior order, condition, and repair, casualties and ordinary wear and tear excepted. Lessee shall keep the Demised 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 Demised Premises to determine Lessee's compliance with this Section. SECTION 6. COMPLIANCE WITH LAW. During the term of this Lease, Lessee shall comply with all federal, state and local laws applicable to Lessee's use of the Demised Premises. SECTION 7. USE OF DEMISED PREMISES. Lessee shall not use or allow the Demised Premises to be used or occupied for an 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 Demised Premises or in any Improvement thereon, 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 hereto. Page 1181 of 1311 SECTION 8. INSURANCE. Lessee shall at all times during the term of this Lease maintain insurance as set forth in the attached Insurance Schedule, Exhibit A. Lessee shall also maintain, or cause to be maintained, at its cost and expense (and from time to time at the reasonable request of Lessor shall furnish proof of such insurance), property insurance against loss and/or damage to Improvements under an insurance policy written on the Special Perils Form in an amount not less than the full insurable replacement value of the Improvements. The term "replacement value" shall mean the actual replacement cost of the Improvements and equipment, and shall be determined from time to time at the reasonable request of City, but not more frequently than once every three years, and paid for by Lessee. SECTION 9. INDEMNIFICATION. Lessee shall defend, indemnify, and save harmless Lessor, its officers and employees from and against all liabilities, obligations, claims, damages, penalties, causes of action, costs, and expenses (including without limitation, reasonable attorney's 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 Demised Premises during the term of this Lease and resulting from any act or omission of Lessee or anyone claiming by, through, or under Lessee during the term of the Lease; and (b) any failure on the part of Lessee to perform or comply with any of the term of this Lease. In case any action, suit, or proceeding is brought against Lessor 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 10. CONDEMNATION. If at any time during the term of this Lease all or substantially all of the Demised Premises or the Improvements thereon shall be taken in the exercise of the power of eminent domain by the State of Iowa or the United States, then this Lease shall terminate on the date of vesting of title in such taking and any prepaid rent shall be apportioned as of said date. SECTION 11. ASSIGNMENT AND SUBLETTING. Lessee shall not assignor transfer this Lease or sublease the whole or any part of the Demised Premises. SECTION 12. DEFAULT. If Lessee shall fail or neglect to observe, keep, or perform any of the covenants, terms, or conditions contained in this Lease on its part to be observed, kept, or perforated, and the default shall continue for a period of five (5) days after written notice from Lessor setting forth the nature of Lessee's default, then and in such event, Lessor shall have the right at its option, on written notice to Lessee, to terminate this Lease, and all rights of Lessee under this Lease shall then cease. Lessor, without further notice to Lessee, shall have the right immediately to enter and take possession of the Demised Premises with or without process of law and to remove all personal property from the Demised Premises and all persons occupying the Demised Premises and to use all necessary force therefore and in all respects to take the actual, full, and exclusive possession of the Demised Premises and every part of the Demised Premises as of Lessor's original estate, without incurring any liability to Lessee or to any Page 1182 of 1311 persons occupying or using the Demised Premises for any damage caused or sustained by reason of such entry on the Demised Premises or the removal of persons or property from the Demised Premises. SECTION 13. QUIET ENJOYMENT. Lessor covenants that at all times during the term of this Lease, so long as Lessee is not in default hereunder, Lessee's quiet enjoyment of the Demised Premises or any part thereof shall not be disturbed by any act of Lessor, or of anyone acting by, through, or under Lessor. SECTION 14. 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, not shall the receipt of any rent, or any portion thereof, by Lessor, operate as a waiver of the rights of Lessor to enforce the payment of any other rent then or thereafter in default, or to terminate this Lease, or to recover the Demised Premises, or to invoke any other appropriate remedy which Lessor may select as herein or by law provided. SECTION 15. SURRENDER. Lessee shall, on the last day of the term of this Lease or upon any termination of this Lease hereof, surrender and deliver up the Demised Premises, into the possession and use of Lessor, without fraud or delay and in good order, condition, repair, free and clear of all lettings and occupancies, free and clear of all liens and encumbrances. SECTION 16. NOTICES. All notices, demands, or other writings in this Lease provided to be given or made or sent, or that may be given or made or sent, by either party to the other, shall be deemed to have been fully given or made or sent when made in writing and deposited in the U.S. Postal Service and sent by registered or certified mail, postage prepaid, addressed as follows: TO LESSOR: City of Dubuque, Iowa C/O City Manager City Hall 50 W. 13th St. Dubuque, IA 52001 TO LESSEE: LAMAR Advertising of Dubuque C/O Angie Thorngren 5000 Tremont Ave. #403 Davenport, IA 52807 SECTION 17. MISCELLANEOUS. 17.1 Time of the Essence. Time is of the essence of this Lease and all of its provisions. Page 1183 of 1311 17.2 Governing Law. It is agreed that this Lease shall be governed by, construed, and enforced in accordance with the laws of the State of Iowa. 17.3 Paragraph Headings. The titles to the paragraphs of this Lease 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. 17.4. Modification of Aareement. Any modification of this Lease or additional obligation assumed by either party in connection with this Lease shall be binding only if evidence in writing signed by each party or an authorized representative of each party. 17.5 Parties Bound. This Lease 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 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 and assigns. LESSOR: CITY OF DUBUQUE, IOWA By - Michael C. Van Milligen City Manager LESSEE: THE LAMAR COMPANIES I By- �1912.5 l y MoOv rton Vice President/General Manager EXHIBIT A INSURANCE SCHEDULE A Page 1185 of 1311 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 Chief Financial Officer. The lessee, licensee, or permittee must identify and list in writing all deviations and exclusions from the ISO form. 8. If lessees, licensees, or permittee limits of liability are higher than the required minimum limits then the lessee's, licensee's, or permittee's limits shall be this agreement's required limits. 9 Lessee, licensee, or permittee shall require all subcontractors and subcontractors to obtain and maintain during the performance of work insurance for the coverages described in this Insurance Schedule 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 the agent's 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 risk or other special circumstances during the term of the agreement, subject to the written mutual agreement attached hereto. Page 1186 of 1311 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 the 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 Statutory —State of Iowa Coverage B Employers Liability Each Accident $100,000 Each Employee -Disease $100,000 Policy Limit -Disease $500,000 Policy shall include Waiver of Right to Recover from Others endorsement. Coverage B limits shall be greater if required by the umbrella/excess insurer OR 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 1187 of 1311 C) D) E) Coverage form on file with the Iowa Workers' Compensation Insurance Commissioner, as required by Iowa Code Section 87.22. Completed form must be attached. POLLUTION LIABILITY Coverage required: Yes X No Pollution liability coverage shall be required if the lessee, contracting party, or permittee has any pollution exposure for the abatement of hazardous or contaminated materials including, but not limited to, petroleum products, the removal of lead, asbestos, or PCBs. Pollution products 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. PROPERTY INSURANCE REQUIRED BY LEASE, LICENSE, OR PERMIT X Yes No Amount $ Include the City of Dubuque as Lender Loss Payable RIGHT-OF-WAY WORK ONLY: UMBRELLA/EXCESS $1,000,000 _X Yes No The General Liability, Automobile Liability and Employer's Liability insurance requirements may be satisfied with a combination of primary and Umbrella or Excess Liability Insurance. If the Umbrella or Excess Insurance policy does not follow the form of the primary policies, it shall include the same endorsements as required of the primary policies including but not limited to Waiver of Subrogation AND Primary and Non-contributory in favor of the City. F) FLOOD INSURANCE Yes X _ No If Required Coverage Page 1188 of 1311 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 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 Page 1189 of 1311 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: 07/25/2025 and for which the charge is 68.33 Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this 25th day of July, 2025 Notary P gic in and for Dubuque County, Iowa. tg,1A JANET K. PAPE o Commission Number 199659 ? i My Commission Expires 12/11/2025 Ad text : CITY OF DUBUQUE, IOWA OFFICIAL NOTICE PUBLIC NOTICE is hereby given that the Dubuque City Council will conduct a public hearing on the proposed lease agreement between the City of Dubuque and Lamar Companies on the 4th day of August, 2025, at 6:30 p.m., in the Historic Federal Building, 350 W. 6th Street, 2nd floor, Dubuque, Iowa. Said proposed lease agreement are now on file in the office of the City Clerk. 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 City Council agenda will be posted the Friday before the meeting and will contain public input options. The agenda can be accessed at https://dubuqueia.portal.civicclerk.com/ or by contacting the City Clerk's Office at 563-589-4100, ctyclerk@cityofdubuque.org. Written comments on the public hearing may be submitted to the City Clerk's Office by email at ctyclerk@cityofdubuque.org or by mail to City Hall, 50 W. 13th St., Dubuque, IA 52001, before the scheduled hearing. The City Council will review all written comments at the time of the hearing. Documents related to the public hearing 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 requiring special assistance should contact the City Clerk's Office 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 21nd day of July 2025. Adrienne N. Breitfelder, CMC, City Clerk RESOLUTION NO. 247-25 SETTING A PUBLIC HEARING TO CONSIDER THE LEASE AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE AND THE LAMAR COMPANIES FOR REAL PROPERTY LOCATED ON WHITE STREET WHEREAS, the City of Dubuque, Iowa (City) has tentatively entered into a Lease Agreement with The LAMAR Companies (LAMAR), subject to City Council approval, under which LAMAR leases certain real property located on White Street in Dubuque, Iowa for a billboard; and WHEREAS, the -City Council finds that it is in the best interest of the City of Dubuque to approve the Lease Agreement, subject to the required public hearing. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: SECTION 1. The City Clerk is hereby authorized and directed to cause this Resolution and a Notice to be published as prescribed by Iowa Code Section 364.7 of a public hearing on the City Councils intent to approve the proposed Lease Agreement, to be held on the 4th day of August, 2025 at 6:30 p.m., to be held at 350 West 6th Street, for the purpose of receiving public input and comment regarding the proposed Lease Agreement between the City of Dubuque and The LAMAR Companies. SECTION 2. The City Council will meet at said time and place for the purpose of taking action on the matter of authorizing the Lease Agreement by and between the City of Dubuque, Iowa and The LAMAR Companies. SECTION 3. "The City Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, in a newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publication to be not less than four days nor more than twenty days before the date of said meeting. Passed, approved and adopted this 21 st day of July 2025. /s/Brad M. Cavanagh, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk It 7/25