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Lease Agreement with Hawkeye Area Community Action ProgramCity of Dubuque City Council CONSENT ITEMS # 16. Copyrighted September 15, 2025 ITEM TITLE: Lease Agreement with Hawkeye Area Community Action Program SUMMARY: City Manager recommending City Council approval of the attached agreement between the City of Dubuque and Hawkeye Area Community Action Program (HACAP). RESOLUTION Approving The Lease Agreement By And Between The City Of Dubuque And Hawkeye Area Community Action Program For Real Property Located On Central Avenue SUGGUESTED Receive and File; Adopt Resolution(s) DISPOSITION: ATTACHMENTS: 1. MVM Memo 2. HACAP MEMO to MVM 08.22.25 3. 2025 - HACAP signed 4. HACAP - Resolution Page 598 of 1171 THE CITY OF Dubuque DuBE uFA�a9a av Masterpiece on the Mississippi rP PP zoo�•*o 13 2017202019 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Lease Agreement with the Hawkeye Area Community Action Program DATE: September 9, 2025 Project Manager Jim Bousley is recommending City Council approval of the attached agreement between the City of Dubuque and Hawkeye Area Community Action Program (HACAP). The City of Dubuque and HACAP have drafted a one-year Lease Agreement with for the real property located at The Old Engine House, Suite 1, 1805 Central Avenue. HACAP intends to use the site for the purpose of providing Head Start/ Early Head Start services. Significant Elements of the Agreement include the following: • The lease term is from September 1, 2025 through August 31, 2026. • The lease will renew automatically for a one-year term unless either party delivers written notice of termination before December 3rd of any current term. • City is to pay utilities but is reimbursed through the monthly rent. • Annual rent amount is $32,424.00. • HACAP Parking limited to Monday thru Friday 7.00 am to 3.30 pm, for two parking spaces. • HACAP is responsible for repair or maintenance up to $1,800. I concur with the recommendation and respectfully request Mayor and City Council approval. k�4 Mic ael C. Van Milligen MCVM:sv Attachment cc: Crenna Brumwell, City Attorney Cori Burbach, Assistant City Manager Gus Psihoyos, City Engineer Jim Bousley, Project Manager Page 599 of 1171 THE CITY OF DUB E Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Jim Bousley, Project Manager DATE: September 3, 2025 RE: Lease Agreement with the Hawkeye Area Community Action Program Dubuque AII•AuHu 04 'JYv1LUIC: 11.4J..4 2007-2012-2013 2017*2019 INTRODUCTION The Purpose of this memorandum is to request approval of the attached agreement between the City of Dubuque and Hawkeye Area Community Action Program (HACAP). DISCUSSION The City of Dubuque and HACAP have drafted a one-year Lease Agreement with for the real property located at The Old Engine House, Suite 1, 1805 Central Avenue. HACAP intends to use the site for the purpose of providing Head Start/ Early Head Start services. Significant Elements of the Agreement include the following: • The lease term is from September 1, 2025 through August 31, 2026. • The lease will renew automatically for a one-year term unless either party delivers written notice of termination before December 3rd of any current term. • City is to pay utilities but is reimbursed through the monthly rent. • Annual rent amount is $32,424.00. • HACAP Parking limited to Monday thru Friday 7:00 am to 3:30 pm, for two parking spaces. • HACAP is responsible for repair or maintenance up to $1,800. Senior City Counsel Barry Lindahl has reviewed and approved the Lease Agreement. BUDGET IMPACT HACAP will pay an annual rent rate of $32,424.00 and will pay any accrued property taxes for the leased premises. Page 600 of 1171 ACTION TO BE TAKEN Execution of the attached lease agreement between the City and HACAP is requested. cc: Gus Psihoyos, City Engineer Barry Lindahl, Senior Counsel Tracy Schadle, Admin. Support Professional Attach. 2 Page 601 of 1171 LEASE AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE, IOWA AND HAWKEYE AREA COMMUNITY ACTION PROGRAM, INC. This Lease Agreement (this "Lease"), dated for reference purposes the 1 st day of September , 2025 by and between the City of Dubuque, Iowa ("City") whose address for the purpose of this Agreement is City Hall, 50 West 13th Street, Dubuque, Iowa 52001 and Hawkeye Area Community Action Program, Inc. ("HACAP"), whose address for the purpose of this Agreement is 1515 Hawkeye Drive, Hiawatha, IA 52233. 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, City hereby leases to HACAP the real property shown on Exhibit A (the "Leased Premises"), to have and to hold for an initial term commencing September 1, 2025, (the "Commencement Date"), and ending at midnight on August 31, 2026, (the "Term"), subject to all of the terms, covenants, conditions, and agreements contained herein. This lease will renew automatically for one (1) year renewal terms, unless either party delivers written notice of termination not less than sixty (60) days before the 31st day of January of any renewal term year. 1.2 Early Termination. Notwithstanding anything to the contrary contained herein, HACAP shall have the right to terminate this Lease by giving City 60 days' written notice at any time during the Term of this Lease. Upon such termination of this Lease, HACAP shall have no further obligations or responsibilities under this Lease or relating to the Leased Premises, and City shall be deemed to have released HACAP from any such further obligations or responsibilities without the need for further action on the part of City or HACAP. 1.3 Use of Premises. HACAP shall use and occupy the Leased Premises only for the purpose of providing Head Start/Early Head Start services, and directly related activities, and for no other purpose. City leases to HACAP the following: A. Approximately 2,600 square feet of rentable area consisting of (1) classroom, kitchen, restroom facility and playground, of the building located on the Leased Premises and commonly known as The Old Engine House, Suite 1, 1805 Central Avenue, Dubuque, IA (the "Building"). B. HACAP and its agents, employees and invitees have the right together with City and others designated by City, to the use of the common areas on the first floor of the Building for ordinary purposes. Page 1 of 21 08202025bal Page 602 of 1171 HACAP shall not knowingly use or allow the Leased Premises or improvements thereon to be used or occupied for any unlawful purpose or in violation of any certificate of occupancy. HACAP shall not engage in any act or permit any condition to exist within the Leased Premises or in any improvement thereon, or permit any article to be brought therein, which is inherently dangerous, unless safeguarded as required by law, or which, in law, constitutes a public nuisance, or which makes void or voidable any insurance in force with respect thereto. SECTION 2. RENT. HACAP shall pay City, in addition to taxes, fees, rates, levies, assessments, and all other charges required to be paid under this Lease by HACAP, annual rent ("Rent") in the amount of $32,424 payable in twelve equal monthly payments of $2,702.00, due in advance commencing on the 1 st day of September, 2025 and on the first day of each month thereafter during the Term. 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 SECTION 3. UTILITIES AND SERVICES. 3.1 Paid by HACAP: In addition to the monthly rent set out in Section 2, HACAP shall be responsible for direct payment of the following costs for the Leased Premises: janitorial cleaning of the Leased Premises, and Internet and telephone services. 3.2 Paid by City: City shall be responsible for direct payment of the following costs: gas, electric, water, sanitary sewer, stormwater, refuse collection, fire/security alarm monitoring, snow removal, mowing and grounds maintenance, and pest control. SECTION 4. TAXES. 4.1 HACAP agrees to pay to City as additional rent an amount equal to real estate taxes upon the real estate of the Leased Premises that accrue during the Term of this Lease (including taxes accrued during the Term but not due and payable until after the Term), and which would become delinquent if not so paid during the Term of this Lease, upon receipt of a statement from City, accompanied with all statements from any other taxing authority verifying the amount of such accrued taxes. 4.2 During the Term of this Lease, HACAP further agrees to pay all other taxes, fees, rates, charges, levies and general assessments, of every name, nature and kind, whether now known to the law or hereafter created which may be taxed, charged, assessed, levied or imposed upon the real estate of the Leased Premises and which become payable during the term hereof and which would become delinquent if not so paid during the term hereof, any buildings or improvements thereon which may be taxed, charged, assessed, Page 2 of 21 08202025bal Page 603 of 1171 levied or imposed upon the leasehold estate hereby created and upon the real estate of the Leased Premises during the Term hereof and which become payable during the term hereof and which would become delinquent if not so paid during the Term hereof, and all such taxes, fees, rates, charges, levies and assessments shall be paid by HACAP as they become due and before they become delinquent during the Term hereof. 4.3 HACAP agrees to timely pay all taxes, fees, assessments or other public charges levied or assessed by lawful authority (but reasonably preserving HACAP's rights of appeal) against its personal property on the Leased Premises, during the Term of this Lease. 4.4 Nothing herein shall require HACAP to pay any of City's income taxes, surtaxes, excess profit taxes or any taxes on the rents or other amounts reserved or paid to City hereunder. HACAP shall be responsible for and shall pay when due all real estate taxes and special assessments which at any time during the term hereof may be assessed, levied, imposed upon, or become due and payable with respect to the Premises. 4.5 HACAP shall at all times have the right to challenge or contest in good faith, in any proper proceedings, in the name of City if necessary, the amount, valuation, payment or satisfaction of any such taxes, fees, assessments, rates, charges or levies so agreed to be paid by HACAP, if the amount, valuation or validity thereof, or the right to assess or levy the same against or collect the same from said Leased Premises or HACAP's improvements, shall be disputed, and City shall provide reasonable cooperation in support of any such challenge or contest by HACAP. Upon the conclusion of any such suit or proceedings HACAP shall promptly pay and satisfy such disputed tax, fee, assessment, or other charge as finally determined, together with all expenses, costs and attorneys' fees whatsoever incurred in connection therewith. SECTION 5. POSSESSION. HACAP shall be entitled to possession on the first day of the Term and shall yield possession to City at the time and date at the end of the Term, except as herein otherwise expressly provided. City has no obligation for any costs or expenses incurred by HACAP in connection with this Lease. As of the date of execution of this Lease, City represents and warrants to Tenant the following: 1) City has the right to make this Lease and perform the obligations herein; 2) Tenant's Intended use and occupancy of the Leased Premises complies with all zoning laws and ordinances affecting the Leased Premises; 3) the Leased Premises are currently in full compliance with all applicable laws; all existing mechanical systems servicing the Leased Premises, including but not limited to HVAC, electrical, Lighting, plumbing, and sewage are in good working condition; and 4) the Leased Premises is structurally sound and there are no latent defects affecting the Leased Premises. SECTION 6. QUIET ENJOYMENT. City covenants that its estate in said premises is fee simple; and that HACAP on paying the rent herein reserved and performing all the agreements by HACAP to be performed as provided in this Lease, shall and may peaceably have, hold and enjoy the Leased Premises for the Term of this Lease free from Page 3 of 21 08202025bal Page 604 of 1171 molestation, eviction or disturbance by City or any other persons or legal entity whatsoever. SECTION 7. PARKING. City agrees that HACAP's patrons and employees may have the exclusive privilege during the Term of this Lease to park in two spaces of the on -site parking lot Monday through Friday between the hours of 7 AM and 3:30 PM but only upon such terms and conditions as City determines appropriate. City shall have the right in its sole discretion to terminate such parking privileges at any time. Any designated ADA parking spaces in the on -site parking lot may be used by building visitors on a nonexclusive, first -come, first -served basis. Upon reasonable notice HACAP agrees to vacate the parking lot as needed so that snow removal and other maintenance activities can be completed. SECTION 8. SIGNS. HACAP shall have the right and privilege of attaching, affixing, exhibiting and installing a single 2' x 3' sign onto the building or on the building site provided (1) that any and all signs shall comply with the ordinances of the City of Dubuque; (2) such signs shall not change the structure of any building or the premises; (3) such signs if and when taken down shall not damage any building or the premises or such damage shall be repaired; and (4) such signs shall be subject to the prior written approval of City, which approval shall not be unreasonably withheld. SECTION 9. CARE AND MAINTENANCE OF PREMISES. 9.1. HACAP takes Leased Premises in its present condition. 9.2 HACAP's Duty of Care and Maintenance: HACAP shall at all times during the Term of this Lease, at HACAP's own costs and expense, keep and maintain the Leased Premises and all improvements in a condition consistent with other similarly classed operations and other businesses in the Dubuque Downtown as determined by the City Manager or the City Manager's designee in the City Manager's sole discretion, including but not limited to general cleanliness, trash removal, storage of any equipment, and outdoor areas. City may, at its discretion, upon reasonable notice to HACAP, conduct an inspection of the Leased Premises to determine HACAP's compliance with this Section 9. HACAP shall, at its expense, perform all routine repairs and maintenance to the Leased Premises, including such preventative maintenance as is customarily performed by tenants under leases for comparable terms; provided, however, that HACAP shall not be required to pay the costs of such repair and maintenance costs in excess of $1,800.00 per lease year. HACAP's obligations with respect to repair and maintenance of the Leased Premises shall be measured based upon the present condition of the Leased Premises. Any repair or maintenance that would cost more than $1,800.00 per lease year shall be City's responsibility unless such damage results from HACAP's negligent acts. HACAP shall provide City with written verification that it has spent the required $1,800.00 before requesting City to perform routine repairs and maintenance. 9.3 City's Duty of Care and Maintenance. City shall promptly, at its expense, perform any necessary replacements or repairs to the structure, roof, heating, cooling, ventilating, Page 4 of 21 08202025bal Page 605 of 1171 electrical, mechanical or plumbing or other building systems or utility lines. Such repairs shall be made to keep the Leased Premises in a condition comparable to or better than other comparable facilities in the area in which the Leased Premises is located and in compliance with all applicable laws and regulations. In the event that emergency repairs to the Leased Premises are required, City may enter the Leased Premises immediately, and without notice to HACAP. In all other circumstances, City may enter the Leased Premises for inspection, repair, alteration or improvement of the Leased Premises, but will provide HACAP with 24-hour notice of its intention to enter the Leased Premises and will not interfere with HACAP's business operations during entry of the Leased Premises. SECTION 10. ALTERATIONS, ADDITIONS, and IMPROVEMENTS. 10.1 On delivery of possession of the Leased Premises to HACAP, HACAP shall not construct on the Leased Premises any structures, buildings, or other improvements except as agreed upon in advance, in writing by City. City shall have the right in its sole discretion to approve the design, appearance, and quality of any such Improvements. 10.2 HACAP may, at its sole option and expense, make changes, additions, deletions, improvements, and alterations (collectively, "improvements") to the Leased Premises provided HACAP shall not make any alterations other than decorative or cosmetic changes to the Leased Premises. SECTION 11. TITLE TO IMPROVEMENTS AND TRADE FIXTURES. 11.1 Trade Fixtures. For the purposes of this Lease, "Trade Fixtures" shall mean all of HACAP's personal property located on the Leased Premises used in connection with HACAP's business. Title to HACAP's Trade Fixtures is and shall be the sole and exclusive property of HACAP during the Term of this Lease and shall remain the sole and exclusive property of HACAP after the expiration or termination of this Lease, for whatever reason. City acknowledges and understands that it shall have no right, title, or interest in or to HACAP's Trade Fixtures either during the Term of this Lease, or thereafter (except as hereinafter provided). City acknowledges and agrees that HACAP shall have the right to encumber, sell, or hypothecate HACAP's Trade Fixtures, to remove them from the Leased Premises, or to otherwise deal with all or any portion of such HACAP's Trade Fixtures, at HACAP's sole discretion. Upon ten (10) days' prior written notice to City, City shall execute and deliver to HACAP a certificate in recordable form prepared by HACAP stating that City has no interest or right in or to HACAP's Trade Fixtures, as well as any other or further document which HACAP may reasonably request from City. 11.2 Improvements. HACAP shall not construct any new improvements on the Leased Premises without the prior written consent of City. All improvements on the Leased Premises are and shall be the property of City during the Term of this Lease. Upon the expiration or any termination of this Lease, by reason of any cause whatsoever, if the improvements or any part thereof shall then be on the Leased Premises, all of HACAP's Page 5 of 21 08202025bal Page 606 of 1171 right, title, and interest therein shall cease and terminate, and title to the improvements shall vest in City, and the improvements or the part thereof then within the Leased Premises shall be surrendered by HACAP to City. No further deed or other instrument shall be necessary to confirm the vesting in City of title to the improvements. However, upon any termination of this Lease, HACAP, upon request of City, shall execute, acknowledge, and deliver to City a quitclaim deed confirming that all HACAP's right, title and interest in or to the improvements has expired, and that title to the improvements has vested in City. 11.3 Building Security. City shall furnish HACAP with ten (10) RFID proximity card(s) for access to the main door entering the Premises. HACAP is responsible for all RFID proximity cards assigned to them. Additional RFID proximity cards and replacement of lost or stolen RFID proximity card(s), shall be furnished at a charge of $10.00 (Ten Dollars) per RFID proximity card, by City on an order signed by HACAP. For assistance with requesting additional/replacement RFID proximity cards, replacing lost or stolen RFID proximity cards, or any other building security help, contact the Facility Management team at 563-589-4152. HACAP shall provide immediate notification of any lost or stolen RFID proximity cards to maintain building security. All such RFID proximity cards shall remain the property of City. No additional locks shall be allowed on the door of the Premises, and HACAP shall not make or permit to be made any duplicate RFID proximity card(s), except those furnished by City. HACAP assumes responsibility and financial costs for any false sounding of the security alarm by employees or guests of HACAP. Upon termination of this Lease, HACAP shall surrender to City all RFID proximity cards of the Premises. SECTION 12. SURRENDER OF PREMISES AT END OF TERM - REMOVAL OF FIXTURES. HACAP shall, on the last day of the Term of this Lease or upon any termination of this Lease, surrender and deliver up the Leased Premises, with the Improvements then located thereon into the possession and use of City, without fraud or delay and in good order, condition and repair, reasonable wear and tear excepted, free from debris and broom clean, free and clear of all lettings and occupancies, free and clear of all liens and encumbrances other than those existing on the date of this Lease and those, if any, created by City, without (except as otherwise provided herein) any payment or allowance whatsoever by City on account of or for any buildings and Improvements erected or maintained on the Leased Premises at the time of the surrender, or for the contents thereof or appurtenances thereto. HACAP Trade Fixtures, personal property, equipment, materials and other belongings of HACAP or of any sublicensee or other occupant of space at the Leased Premises shall be and remain the property of HACAP, and HACAP shall have a reasonable time after the expiration of the Term of this Lease (not to exceed thirty (30) days) to remove the same. If HACAP fails to remove any HACAP'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, they will immediately become property of City. Any costs incurred by City having to remove, relocate, handle, store, sell or dispose of HACAP's items described in this Section shall be paid for by HACAP. Page 6 of 21 08202025bal Page 607 of 1171 To avoid any confusion regarding ownership, City acknowledges that it has received a copy of HACAP's Head Start inventory list which delineates items purchased by HACAP or for utilization by the Head Start program, which items are located in the Leased Premises as of the commencement of HACAP's occupancy, and City agrees that all items on such inventory list are the property of HACAP and may be removed from the Leased Premises at any time by HACAP or a future operator of the Head Start program with the exception of those items listed on Exhibit B, if any. Such inventory list is not intended to exclude other items brought into the Premises by HACAP and constituting HACAP's personal property or trade fixtures, which may be removed by HACAP at any time (and all items purchased by HACAP which are located in the Premises shall be considered to be HACAP's personal property), but rather is intended to set forth the parties' agreements regarding the specified items located In the Premises at the commencement of HACAP's occupancy. SECTION 13. ASSIGNMENT AND SUBLETTING. This Lease may not be assigned nor the Leased Premises sublet by HACAP without the prior written consent of City. SECTION 14. ENCUMBRANCE OF HACAP'S LEASEHOLD INTEREST. HACAP may not encumber by mortgage, deed of trust or other financial instrument, the Leased Premises. SECTION 15. INSURANCE. 15.1. HACAP shall maintain during the Term of this Lease insurance set forth in City's Standard Insurance Schedule for Lessees of City Property. The insurance limits in such uniform, standardized schedule may from time to time be reasonable amended. The Insurance Schedule is attached to this lease as Insurance Schedule A. Lessor shall provide written notice of any rate limit amendment to the Insurance Schedule not less than sixty days prior to the effective date of such amendment. 15.2. Lessee shall maintain, or cause to be maintained, at its cost and expense (and from time to time at the reasonable request of City 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 that the full insurable replacement value of the Improvements. The term "replacement value" shall mean the actual replacement cost of the Improvements (excluding foundation and excavation costs and costs of underground flues, pipes, drains, and other insurable items) and equipment, and shall be determined from time to time at the reasonable request of City, but no more frequently than once every three years, and paid for by Lessee. 15.3. Lessee agrees to promptly notify City in the case of damage exceeding $50,000 in amount to, or destruction of, Improvements or any portion thereof resulting from fire or other casualty. Net proceeds of any such insurance ("Net Proceeds"), shall be paid directly to Lessee, and Lessee, in its sole discretion, may remove or repair, reconstruct, restore, or replace the Improvements to substantially the same or an improved condition or value as they existed prior to the even causing such damage subject to the requirements of the City of Dubuque Code of Ordinances and, to the extent necessary to Page 7 of 21 08202025bal Page 608 of 1171 accomplish such repair, reconstruction and restoration, Lessee may apply the Net Proceeds of any insurance relating to such damage received by Lessee to the payment or reimbursement of the cots thereof. Lessee shall notify Lessor of any damage to the flood wall regardless of the amount of such damage. 15.4. Lessee shall complete the removal, replacement, repair, reconstruction or restoration of improvements, whether or not the Net Proceeds of insurance received by Lessee for such purposes are sufficient. SECTION 16. INDEMNIFICATION. 16.1. Indemnification of Lessee. To the extent allowed by law, Lessor will defend, indemnify, and save harmless Lessee from and against all liabilities, obligations, claims, damages, penalties, causes of action, cost and expenses (including, without limitation, reasonable attorneys' fees and expenses) impose upon or incurred by or asserted against Lessee by reason of (a) any accident, injury to or death of persons or loss of or damaged to property occurring on or about the Demised Premises, resulting from any act or omission of Lessor its agents, employees, lessee's or invitees, (b) any failure on the part of Lessor to perform or comply with any of the terms of this Lease, (c) any breach on the part of Lessor to perform or comply with any of the terms of this Lease, (c) any failure on the part of Lessor of any warranty or representation contained in Section 12, and (d) any Hazardous Substance on the Demised Premises, which is not the responsibility of Lessee pursuant to Section 21.2. In case any action, suit or proceeding is brought against Lessee by reason of such occurrence, Lessor will, at Lessor's expense and discretion, either defend such action, suit, or proceeding, or cause the same to be defended by counsel approved by Lessee, which approval will not be reasonably withheld. 16.2. Indemnification of Lessor. Lessee will defend, indemnify and save harmless Lessor 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 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 negligence 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 in any material respect with any of the material terms of this Lease, (c) any material breach on the part of Lessee of any warranty or representation contained in Section 12, and (d0 any Hazardous Substance on the Demised Premises, which is the responsibility of Lessee pursuant to Section 21.2. In case any action, suit or proceeding is brought against Lessor by reason of such occurrence, Lessee will, at Lessee's expense and discretion, wither defend such action, suit or proceeding, or cause the same to be defended by counsel approved by Lessor, which approval will not be unreasonably withheld. 16.3. Survival. The obligations and liabilities under this Section shall survive and continue in full force and effect and shall not be terminated, discharged, or released, in whole or in part, irrespective of the termination or expiration of the term of this Lease. Page 8 of 21 08202025bal Page 609 of 1171 SECTION 17. CONDEMNATION. 17.1. If at any time during the Term of this Lease all or substantially all of the Leased Premises or the improvements thereon shall be taken in the exercise of the power of eminent domain by any sovereign, municipality, or other public or private authority other than City, then this Lease shall terminate on the date of vesting of title in such taking and any prepaid fees shall be apportioned based upon the value of the property taken and the damages actually sustained taking into consideration any contractual liability incurred by HACAP as a result thereof as of said date. Substantially all the Leased Premises and the improvements thereon shall be deemed to have been taken if the remaining portion of the Leased shall not be of sufficient size to permit HACAP to operate its business thereon in a manner similar to that prior to such taking. 17.2. Temporary Taking. If the temporary use of the whole or any part of the Leased Premises or the Improvements thereon or the appurtenances thereto shall be taken at any time during the Term of this Lease in the exercise of the power of eminent domain by any sovereign, municipality, or other authority other than City, the Term of this Lease shall not be reduced or affected in any way, and HACAP shall continue to pay in full the fees, additional fees, and other sum or sums of money and charges herein reserved and provided to be paid by HACAP, and the entire award for such temporary taking shall be paid to HACAP. HACAP shall repair and restore any and all damage to the Leased Premises and the improvements as soon as reasonably practicable after such temporary taking. 17.3. Bankruptcy or Insolvency of HACAP. In the event HACAP is adjudicated a bankrupt or in the event of a judicial sale or other transfer of HACAP's Lease interest by reason by any bankruptcy or insolvency proceedings or by other operation of law, but not by death, and such bankruptcy, judicial sale or transfer has not been vacated or set aside within ten (10) days from the giving of notice thereof by City to HACAP, then and in any such events, City may, at its option, immediately terminate this Lease, re-enter said premises, upon giving of ten (10) days' written notice by City to HACAP, all to the extent permitted by applicable law. SECTION 18. DEFAULT. 18.1 City's Rights in the Event of HACAP's Default. If HACAP 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 performed, and the default shall continue for a period of thirty (30) days after written notice from City setting forth the nature of HACAP's default (it being intended that in connection with a default not susceptible of being cured with diligence within thirty (30) days, the time within which HACAP has to cure the same shall be extended for such period as may be necessary to complete the same with all due diligence but in no event longer than one hundred eighty (180) days or in the event such cure relies on the consent or involvement of any regulatory authority, railroad or other third party or is due to Force Majeure such time as a cure can reasonably be effected by Page 9 of 21 08202025bal Page 610 of 1171 promptly initiating and diligently continuing reasonable efforts, then and in any such event, City shall have the right at its option, on written notice to HACAP, to terminate this Lease. City shall thereafter have the right to enter and take possession of the Demised Premises with 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 therefor 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 City's original estate, without incurring any liability to HACAP or to any 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. 18.2 HACAP's Rights in the Event of City's Default. If City 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 performed, and the default shall continue for a period of thirty (30) days after written notice from HACAP setting forth the nature of City's default (it being intended that in connection with a default not susceptible of being cured with diligence within thirty (30) days, the time within which City has to cure the same shall be extended for such period as may be necessary to complete the same with all due diligence but in no event longer than one hundred eighty (180) days, or in the event such cure relies on the consent or involvement of any regulatory authority, railroad or other third party or is due to Force Majeure such time as a cure can reasonably be effected by promptly initiating and diligently continuing reasonable efforts, then and in any such event, HACAP shall have all rights available to it provided by law or equity. SECTION 19. RIGHT TO CURE OTHER'S DEFAULTS. Whenever and as often as a party shall fail or neglect to comply with and perform any term, covenant, condition or agreement to be complied with or performed by such party hereunder, then, following thirty (30) days' prior written notice to such defaulting party (or such additional time to cure as may be accorded pursuant to 17.1 above, but in no event longer than ninety (90) days), 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 Demised 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 shall 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 or performance of any other act by such other party pursuant to the immediately preceding sentence shall not be deemed to obligate such other party to complete the curing of any term, covenant, condition, or agreement which is in default. SECTION 20. MECHANIC'S LIENS. Neither HACAP nor anyone claiming by, through, or under HACAP, shall have the right to file or place any mechanic's lien or other lien of any kind or character whatsoever, upon said premises or upon any building or improvement thereon, or upon the interest of HACAP therein, and notice is hereby given Page 10 of 21 08202025bal Page 611 of 1171 that no contractor, sub -contractor, or anyone else who may furnish any material, service or labor for any building, improvements, alteration, repairs or any part thereof, shall at any time be or become entitled to any lien thereon, and for the further security of City, HACAP covenants and agrees to give actual notice thereof in advance, to any and all contractors and sub -contractors who may furnish or agree to furnish any such material, service or labor. SECTION 21. ENVIRONMENTAL. 21.1 HACAP Compliance with Law. HACAP shall comply with all applicable local, state and federal laws, rules, regulations and permits with regards to the Leased Premises and its use, occupancy, and control of the Leased Premises. 21.2 Environmental Matters. A. HACAP covenants and agrees that City shall have no responsibility for or liability arising from any release of a Hazardous Substance which is caused by or results from HACAP, HACAP'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, HACAP shall not have any 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) HACAP shall be responsible for known pre- existing releases for which HACAP fails to take due care and adequate precaution and/or for which HACAP's actions or inactions cause a worsening of the release, and (b) HACAP shall provide full cooperation, assistance, and access to City or other parties investigating and/or responding to a threatened or actual release. B. HACAP covenants and agrees to promptly notify City of any release of Hazardous Substance for which HACAP is responsible under this Section 12.2(1) that exceeds permitted levels as defined by any local, state or federal laws applicable to HACAP's use of the Leased Premises originating after the effective date of this Lease (Release) in, on or about the Leased Premises of which HACAP suspects or has actual knowledge. C. HACAP covenants and agrees to promptly take any and all necessary and appropriate response to fully address any Release following the advance notice to City required in Section 12.2(2) above. Such response shall include, without limitation, notification to appropriate governmental authorities, as may be required by applicable law. HACAP shall respond to such Release to the full extent required by applicable law; however, in no event shall HACAP allow limitations or restrictions to be placed on the Leased Premises without the written consent of City. 08202025bal Page 11 of 21 Page 612 of 1171 D. Except as necessary to conduct its operations and use the Leased Premises as detailed in Section 1.6 and 1.7, HACAP 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. HACAP shall 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 applicable law. E. For the purposes of this Lease, "Hazardous Substance" or "Hazardous Substances" means any hazardous or toxic substance, material or waste 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 45513, 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 § 1004 of 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" shall not include any air emissions discharged into the atmosphere as allowed by a duly issued permit from the applicable governmental agency. SECTION 22. AMERICANS WITH DISABILITIES ACT. HACAP shall be solely responsible for, and agrees to indemnify and hold City harmless from, any and all repairs, additions, claims, fines, penalties, fees or any other costs or obligation in any way imposed by or required by or related to the Americans with Disabilities Act in connection with the Leased Premises during the Term of this Lease. SECTION 23. CONSTRUCTION. Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, and as masculine, feminine or neuter gender according to the context. SECTION 24. RIGHTS CUMULATIVE. The various rights, powers, options, elections and remedies of either party, provided in this Lease, shall be construed as cumulative and no one of them as exclusive of the others, or exclusive of any rights, remedies or priorities allowed either party by law, and shall in no way affect or impair the right of either party to pursue any other equitable or legal remedy to which either party may be entitled as long as any default remains in any way unremedied, unsatisfied or undischarged. SECTION 25. PROVISIONS TO BIND AND BENEFIT SUCCESSORS, ASSIGNS, ETC. Each and every covenant and agreement herein contained shall extend to and be Page 12 of 21 08202025bal Page 613 of 1171 binding upon the respective successors, heirs, administrators, executors and assigns of the parties hereto. SECTION 26. MEMORANDUM OF AGREEMENT. Each of the parties hereto will, promptly upon request of the other, execute a memorandum of this Lease in form suitable for recording setting forth the names of the parties hereto and the Term of this Lease, identifying the Leased Premises, also including such other clauses therein as either party may desire. SECTION 27. SEVERABILITY; AMENDMENT; BINDING EFFECT: ETC. If any term of this Lease or any application thereof shall be invalid or unenforceable, the remainder of this Lease and any other application of such term shall not be affected thereby. This Lease contains the entire agreement of the parties, and neither party is relying upon any representation not contained herein. This Lease may be amended only by an instrument in writing signed by City and HACAP. This Lease shall be binding upon and inure to the benefit of and be enforceable by the respective successors and assigns of the parties hereto. The headings of this Lease are for purposes of reference only and shall not limit or define the meaning hereof. SECTION 28. NOTICES. All notices, demands, or other writings in this Lease provided to be given or made or sent, or which 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 United States mail, registered and postage prepaid, and addressed as follows: If to City: If to HACAP: City Manager 50 W. 13th Street Dubuque, Iowa 52001 Contact Person: Christi Regan 1515 Hawkeye Dr, Cedar Rapids, IA 52233 Email: cregan@hacap.org Phone: The address to which any notice, demand, or other writing may be 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 29. MISCELLANEOUS. 29.1. Time of the Essence. Time is of the essence of this Lease and all of its provisions. Page 13 of 21 08202025bal Page 614 of 1171 29.2. Holdover. Should HACAP remain in possession of the Leased Premises after the expiration of the Lease, or any renewal thereof, without the execution of a new License, such holding over in the absence of a written agreement to the contrary shall be deemed, if City so elects, to have recreated and be construed to be a tenancy from month to month, terminable upon thirty (30) days' written notice by City. Rent shall be prorated on a monthly basis until a new agreement is executed. The prorated Rent are subject to a retroactive Rent increase as agreed to by City and HACAP as part of executing a new Lease agreement after the Term of this Lease expires. 29.3. 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. 29.4. 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. 29.5. Modification of Agreement. Any modification of this Lease or additional obligation assumed by either party in connection with this Lease shall be binding only if evidenced in a writing signed by each party or an authorized representative of each party. 29.6. 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 City and HACAP. All references in this Lease to "City" or "HACAP" shall be deemed to refer to and include successors and assigns of City or HACAP without specific mention of such successors or assigns. 29.7. Force Majeure. In the event that either party hereto shall be delayed or hindered in or prevented from the performance of any act required hereunder by reason of strikes, lockouts, labor troubles, unavailability of construction materials, unavailability or excessive price of fuel, power failure, riots, insurrection, war, terrorist activities, explosions, hazardous conditions, fire, flood, weather or acts of God, or by reason of any other cause beyond the exclusive and reasonable control of the party delayed in performing work or doing acts required under the terms of this Lease (collectively "Force Majeure"), then performance of such act shall be excused for the period of the delay and the period for the performance of any such act shall be extended for a period equivalent to the period of such delay. 29.8. Attorney's Fees. In any action to enforce or contest any provision of this Lease, or to obtain a declaration of the rights or obligations of the parties hereunder, the prevailing party shall be entitled to recover all costs and expenses, including reasonable attorneys' fees incurred by such party in connection with such action. 29.9 Release of Information. City hereby authorizes HACAP to release Information regarding {Including without limitation, full reports and results, any and all environmental testing completed with regard to the Premises (including without limitation, lead, asbestos, and radon testing) as directed by the Department of Health and Human Services (DHHS)/the Office of Head Start (OHS). Page 14 of 21 08202025bal Page 615 of 1171 SECTION 30. DISPUTE RESOLUTION. City and HACAP agree that prior to the commencement of any judicial proceeding for any controversy arising out of or relating to the construction or interpretation of this Lease, the parties will engage in mediation in accordance with the Commercial Arbitration Rules of the U. S. Arbitration & Mediation, Midwest ("USA&M") or the American Arbitration Association ("AAA"). The parties shall divide equally all costs of mediation which shall be paid immediately upon billing by the mediation service. IN WITNESS WHEREOF, the parties hereto have duly executed this Lease in duplicate the day and year first above written. CITY OF DUBUQUE, IOWA HAWKEYE AREA COMMUNITY ACTION PROGRAM, INC. 1�By: - �w`, By. Micha I C. Van Milligen Jane'Drapeaux, CEO City Manager Exhibit A Exhibit B LIST OF EXHIBITS Leased Premises Hacap's Head Start Inventory List 08202025bal Page 15 of 21 Exhibit C Insurance Schedule A EXHIBIT A THE LEASED PREMISES 08202025bal Page 16 of 21 Page 617 of 1171 K SHALL Slum RE<IADILD BRICK MIALLSIAICII I r i�T BRK'K — � 4aISilYO AD)ACF\T PRICK `t0 i7lf�T i�i BDRLx 109 IAL] _ T C 1 T 1- 1,- - SIEI'IU � �.� v►FAKCmC SS 6 LI II\F J C°) 'nil: - - _- 6 %(- FROM WALL A) QED. r i' ' r •� (VTFROFCA/ INACID? -a: -- --- -- - I UtYATO I rc1^fA]'U AFN IL ltA{ STAFT _J \ I.T. BOOS la 1 ,_" aa. �,` FN AACE MPI RV. PEI _ LL hIN F T f FD. \IRI(!a dal lux- - ---- AMN ? - - -- -- i 6'.1; 41r )'CIFAR11 if KFTClnM �• ---f ORIICL COATI LPOSOIFWALL 10 c _ = I - ADOSi — — [IIII DID '� — -I .L_ - LLROOV 1 (EILWUMT.SDK `�\ 1 a J — Lr 10 Ilj � I i I� DD � it � • ' \ _ �1,}) I _� loo•-- --�— s�.r- - � -iv �- - \�-- - -- 7d1-� - -v.� _ i.•q� f.io• - r.s /,I*rmo g1b/GH"A`.�(.^ REM OW BUCK WATERR (XWVi V0AIIVO(P7F\T74I:WA1LSVRFA(.. /bFl•' OA I2 4 �1 (DF\Ylhp By DA__M D Iht) ✓- 7) _ LIAAMR00 1 mm CIAicRA1N1\II O.1 1 LEGEND I LEASED AREA COMMON SPACE i ! ®RESTRICTED CITY MAINTENANCE ACCESS + -- %m n,BF 4IM DOOR MWORT a AT MIR IOTA AND 1101 WIDS, TYPICAL SE£.%M DOOR DETABS/ j OS SIIFFI.S!SI +\A..a t j 1 kYT Rt IIRSu'fI1DGiR gTAR DSTALL AtW BRASS FIRLS1AK POLL SLET\T AND DYER ►II'ESL"PPORI ---• _ \� I } '9.11VOI CAR �— RFLDWRL1 i SIASO\lY - RL(p\TTRI(l SIASOVRV £ S OPFRnG SF�ALSO SIIU;7.V01 -r - % I t CBtV�'G SL}ALW TIBI t.S)01 rf • �ou)od&ixwit it I_ 1 t el il+ Ilea oPonl 0 i t .al: a I--� � I � 1 �� � E.(:• i I t l �- 0 % NO loll i nl n 1J .91 IOa! Page 17 of 21 08202025bal Page 618 of 1171 � 1 I ' 15 I Y`J r r I. R; LEGEND HACAP Parking dW Leased Area City Parking Shared ADA Parking 08202025ba1 Page 18 of 21 Page 619 of 1171 EXHIBIT B HACAP'S HEAD START INVENTORY LIST HACAP Head Start - Engine House 2023 February Tag # Location Item Quantity Notes Classroom Book Shelf 1 Classroom Book Rack 1 Classroom Bookcase 1 Classroom Preschool Storage unit 3 Classroom Adult Chairs 3 Classroom Child Chairs 36 Classroom double sided Art Easel 1 Classroom Preschool kitchen set 1 Classroom Child size table & 4 chairset 1 Classroom Area Rugs 3 Classroom Sand and Water table 1 Classroom Shelving Units 6 Classroom Cots 17 Classroom Child - 2 piece Sofa set 1 Classroom Wooden table 1 Classroom Rectangular tables 4 Classroom Classroom Toys/ manipulatives/puzzles building blocks, etc Classroom Children's books Kitchen residential dishwasher 2 Kitchen Electric range 1 Kitchen Refrigerator/Freezer 1 Kitchen Upright Freezer 1 Kitchen Serving Cart 1 Kitchen Meal Service ware Office MM - US Cellular 1 Office Cel (phone & telephone 1 Office Office Chairs 3 Office mini refrigerator 1 Office Laptop computers 3 Office Apple I -Pad 1 Office Kyocera Printer 1 Office 2 drawer file cabinet 2 Other Wash Machine 1 Other Clothes Dryer 1 08202025bal Page 19 of 21 Page 620 of 1171 EXHIBIT C 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 certificate 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. Schedule A Lessees of City Property; Right of Way Licensees or Permittees January e 621 of 1171 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. 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 Coverage form on file with the Iowa Workers' Compensation Insurance Commissioner, as required by Iowa Code Section 87.22. Completed form must be attached, INSURANCE SCHEDULE A (Continued) C) POLLUTION LIABILITY Coverage required: _ Yes _X_ No Schedule A Lessees of City Property; Right of Way Licensees or Permittees January M§e 622 of 1171 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 $2,000,000 Policy Aggregate $4,000,000 1) Policy to include job site and transportation coverage. 2) Include additional insured for: The City of Dubuque, including all its elected and appointed officials, all its employees and volunteers, all its boards, commissions and/or authorities and their board members, employees and volunteers. Use ISO form CG 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. 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 Waiver of Subrogation AND Primary and Non-contributory in favor of the City, F) FLOOD INSURANCE Yes _X_ No If Required Coverage Schedule A Lessees of City Property; flight of Way Licensees or Permittees January 2023 Page 623 of 1171 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 Schedule A Lessees of City Property; Right of Way Licensees or Permittees January 49ae 624 of 1171 Prepared by Tracy Schadle City of Dubuque Engineering 50 W. 13" St Dubuque IA 52001 (563) 589-4270 Return to Adrienne N. Breitfelder City Clerk City of Dubuque, 50 W. 131h St. Dubuque, IA 52001 (563) 589-4100 RESOLUTION NO. 299 - 25 APPROVING THE LEASE AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE AND HAWKEYE AREA COMMUNITY ACTION PROGRAM FOR REAL PROPERTY LOCATED ON CENTRAL AVENUE WHEREAS, the City of Dubuque, Iowa (City) has tentatively entered into a Lease Agreement with Hawkeye Area Community Action Program (HACAP), subject to City Council approval, under which HACAP will lease certain real property located at 1805 Central Avenue, Suite 1 in Dubuque, Iowa; and WHEREAS, the City Council finds that it is in the best interest 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, AS FOLLOWS: SECTION 1. The Lease Agreement attached hereto is hereby approved. SECTION 2. The City Manager is hereby authorized and directed to sign the Lease Agreement on behalf of the City of Dubuque. Passed, approved and adopted this 15th day of September 2025. Attest: Adrienne N. Breitfelder, City Clerk