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Setting a Public Hearing to Approve a Proposed Amended and Restated Lease with Pier Pressure Marine IA, Inc.City of Dubuque City Council Copyrighted October 20, 2025 ITEMS SET FOR PUBLIC HEARING # 5. ITEM TITLE: Setting a Public Hearing to Approve a Proposed Amended and Restated Lease Agreement by and between the City of Dubuque, Iowa, and Pier Pressure Marine IA, Inc. SUMMARY: City Manager recommending City Council adopt the attached resolution setting a public hearing for November 3, 2025, on a proposed Amended and Restated Lease Agreement by and between the City of Dubuque, Iowa, and Pier Pressure Marine IA, Inc. RESOLUTION Setting A Public Hearing To Consider The Amended And Restated Lease Agreement By And Between The City Of Dubuque And Pier Pressure Marine IA, Inc. For Real Property In The City Of Dubuque, Iowa SUGGUESTED Receive and File; Adopt Resolution(s), Set Public Hearing for DISPOSITION: November 3, 2025 ATTACHMENTS: 1. MVM Memo 2. Staff Memo 3. Amended and Restated Lease Agreement 4. Notice of Hearing 5. Resolution Setting Hearing Page 486 of 817 THE CITY OF Dubuque DUB TEE All -America City Masterpiece on the Mississippi � pp 13 z°°'"*o zoi720zoi9 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Setting a Public Hearing to Approve a Proposed Amended and Restated Lease Agreement by and between the City of Dubuque, Iowa, and Pier Pressure Marine IA, Inc. DATE: October 16, 2025 Economic Development Director Jill Connors is recommending City Council adopt the attached resolution setting a public hearing for November 3, 2025, on a proposed Amended and Restated Lease Agreement by and between the City of Dubuque, Iowa, and Pier Pressure Marine IA, Inc. Pier Pressure Marine IA, Inc. (Lessee) has been the tenant of the property located at 1201 Shiras Avenue Extension since executing an initial lease with the City of Dubuque on October 29, 1956. Lessee operates a marina along the Peosta Channel off the Mississippi River including such services as annual boat slip rentals, winter boat storage, full -service restaurant with indoor/outdoor dining, boating supplies/marine parts store, transient boat docks, live music events. Staff discussions and negotiations have led to a proposed amended and restated lease agreement with the following key elements: 1. The Amended and Restated Lease will be in effect from January 1, 2029 to December, 2053. 2. The Leased Premises will be used only for the services and amenities described in Section 1.3, and no other purposes without the prior written consent of the City. 3. Rent will be 3% of gross sales of the prior calendar year. 4. Lessee will construct improvements on the Leased Premises as described in Exhibit B of the agreement within the timeframes set forth in that exhibit. 5. Upon termination of the lease, Lessee will be responsible for removing any of the new improvements if City so requests. Page 487 of 817 I concur with the recommendation and respectfully request Mayor and City Council approval. Mic ael C. Van Milligen MCVM:sv Attachment cc: Crenna Brumwell, City Attorney Cori Burbach, Assistant City Manager Jill Connors, Economic Development Director ION Page 488 of 817 Dubuque THE CITY OF All -Americo Cigl MIX 1Wlf. CT7�: f.l i"F�11: UB E ' I I�' 2007-2012.2013 Masterpiece on the Mississippi 2017*2019 TO: Michael C. Van Milligen, City Manager FROM: Jill M. Connors, Economic Development Director Economic Development Department 1300 Main Street Dubuque, Iowa 52001-4763 Office (563) 589-4393 TTY (563) 690-6678 http://www.cityofdubuque.org SUBJECT: Setting a Public Hearing to Approve a Proposed Amended and Restated Lease Agreement by and between the City of Dubuque, Iowa, and Pier Pressure Marine IA, Inc. DATE: October 15, 2025 1► II 1:Zel110L01111 0Is] `I This memorandum is a request for the City Council to adopt the attached resolution setting a public hearing for November 3, 2025 on a proposed Amended and Restated Lease Agreement by and between the City of Dubuque, Iowa, and Pier Pressure Marine IA, Inc. BACKGROUND Pier Pressure Marine IA, Inc. (Lessee) has been the tenant of the property located at 1201 Shiras Avenue Extension since executing an initial lease with the City of Dubuque on October 29, 1956. Lessee operates a marina along the Peosta Channel off the Mississippi River including such services as annual boat slip rentals, winter boat storage, full -service restaurant with indoor/outdoor dining, boating supplies/marine parts store, transient boat docks, live music events. DISCUSSION Knowing that Lessee's lease was scheduled to expire December 31, 2028, City staff ordered a Market Rent Analysis from a reputable firm in 3rd Quarter of 2024 to prepare for lease negotiations. The results of that analysis indicated that applying a static dollar value as a rent rate was not common practice for marinas and instead proposed using a percentage of gross sales as a basis for rent payments. Page 489 of 817 In March 2025, City staff communicated to Lessee that we would welcome a proposal for an extension of its lease. Lessee provided a proposal for lease renewal terms June 23, 2025. Staff discussions and negotiations have led to a proposed amended and restated lease agreement with the following key elements: 1. The Amended and Restated Lease will be in effect from January 1, 2029 to December, 2053. 2. The Leased Premises will be used only for the services and amenities described in Section 1.3, and no other purposes without the prior written consent of the City. 3. Rent will be 3% of gross sales of the prior calendar year. 4. Lessee will construct improvements on the Leased Premises as described in Exhibit B of the agreement within the timeframes set forth in that exhibit. 5. Upon termination of the lease, Lessee will be responsible for removing any of the new improvements if City so requests. RECOMMENDATION I recommend the City Council adopt the attached resolution setting a November 3, 2025 public hearing to consider the adoption of a Proposed Amended and Restated Lease Agreement by and between the City of Dubuque, Iowa, and Pier Pressure Marine IA, Inc. 2 Page 490 of 817 AMENDED AND RESTATED LEASE AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA, AND PIER PRESSURE MARINE lA, INC. This Amended and Restated Lease Agreement (the "Lease") dated for reference purposes this day of , 2025, between the City of Dubuque, Iowa, an Iowa municipal corporation ("Lessor"), and Pier Pressure Marine IA, Inc. (d.b.a. Dubuque Marina), an Iowa corporation ("Lessee"). Whereas, Lessor and Lessee currently lease the property shown on Exhibit A pursuant to a Lease and Agreement dated October 29, 1956, as amended and modified, Exhibit E; and Whereas, Lessor and Lessee desire to amend and restate the Lease on the terms and conditions set forth herein, to be effective upon expiration of the term under the Lease and Agreement, which term shall end effective December 31, 2028. Now, therefore, it is agreed by and between Lessor and Lessee that upon the execution of this Lease and approval by the City of Dubuque City Council, and upon expiration of the existing Lease and Agreement, this Amended and Restated Lease shall take effect January 1, 2029. 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 in Exhibit A attached hereto, together with the exclusive right to moor boats and docks along the entire waterfront of the Leased Premises and right of access in common with the public to the grass slopes, and made a part of this Lease (approximately 6.13 acres) (the "Leased Premises"), to have and to hold for an initial term commencing as of the 151 day of January, 2029, and ending at midnight on the 315t day of December, 2053 (the Initial Term), subject to all of the terms, covenants, conditions and agreements contained herein. 1.2. Use of Premises. Lessee acknowledges that the Leased Premises is currently zoned CR Commercial Recreation and shall only be used for permitted uses of that zoning ordinance and listed in Section 1.3 herewith. 1.3. Lessee further agrees that the Leased Premises shall be used only for the services and amenities described in this Section 1.3, and no other purposes without the prior written consent of Lessor, which consent shall not be unreasonably withheld. (1) Shower house, restroom, and laundry facilities for use by boating community. 10142025bal Pagel of 32 Page 491 of 817 (2) Seasonal boat slips, covered and uncovered. (3) Large transient boat dock for use by boaters visiting the Yardarm or in need of service. (4) Pump out facilities. (5) On -property winter storage for boats. (6) Boat well and lift for put in / pull out service for boats up to 60 feet. (7) Full boat service department providing winterization and other routine service work and repairs. (8) Ship store to supply boaters' needs. (9) Wi-fi internet connectivity in the harbor. (10) Camping sites for recreational vehicles. (11) Indoor/outdoor food and beverage service/dining. (12) Fuel sales (at the sole discretion of Tenant) (13) Other ancillary services and amenities as are customary in a pleasure craft marina SECTION 2. RENT, TAXES, AND OTHER PAYMENTS 2.1. Rent. (1) Lessee shall pay Lessor, in addition to taxes, fees (including but not limited to storm water fees), rates, charges, levies, assessments, and all other charges required to be paid under this Lease by Lessee, rent in the amount of Three Percent (3%) of gross sales of the prior calendar year in quarterly payments commencing on the 15th day of February, 2029, and on the first day of each April, July, and October thereafter during the term of this Lease or any extension thereof. (2) The term "gross sales" as used herein shall mean and include all cash or accrued receipts from the sale of goods, services, or merchandise by Lessee which originated in or were consummated through the operation on Leased Premises, but shall not include sales of gasoline, diesel fuels, or special motor fuels. (3) Lessee shall submit to the City a statement certified by a certified public Page 2 of 32 Page 492 of 817 accountant showing the gross sales as herein defined for the preceding fiscal year, together with a remittance of the rent for the first quarter of the new year. SECTION 3. TITLE TO IMPROVEMENTS AND TRADE FIXTURES 3.1. Trade Fixtures. (1) For the purposes of this Lease, "Trade Fixtures" shall mean the personal property and equipment located on the Leased Premises used in Lessee's business , but not any Existing Improvements described in Section 4. (2) Title to Lessee's Trade Fixtures is and shall be the sole and exclusive property of Lessee during the term of this Lease and shall remain the sole and exclusive property of Lessee after the expiration or termination of this Lease, for whatever reason. Lessor acknowledges and understands that it shall have no right, title or interest in or to Lessee's Trade Fixtures either during the term of this Lease, or thereafter (except as hereinafter provided). Lessor acknowledges and agrees that Lessee shall have the right to encumber, sell, or hypothecate Lessee's Trade Fixtures, to remove them from the Leased Premises, or to otherwise deal with all or any portion of such Lessee's Trade Fixtures, at Lessee's sole discretion. Upon ten (10) days' prior written notice to Lessor, Lessor shall execute and deliver to Lessee a certificate in recordable form prepared by Lessee stating that Lessor has no interest or right in or to Lessee's Trade Fixtures, as well as any other or further document which Lessee may reasonably request from Lessor. If Lessee elects to remove its Trade Fixtures, Lessee shall remove the Trade Fixtures not more than thirty (30) days after the expiration of this Lease Agreement; any Trade Fixture remaining on the Leased Premises after such thirty -day period become the property of Lessor. SECTION 4. EXISTING IMPROVEMENTS; LESSEE IMPROVEMENTS 4.1 Existing Improvements. Existing Improvements are all buildings and other above- ground structures existing as of January 1, 2025, as shown on Exhibit A. The Existing Improvements consist of: A. Yardarm Restaurant building, including band bar addition, tiki bar, deck and fence; B. marina storeloffice/service building and adjacent security fence; C. shower house/laundry manufactured structure; D. aluminum can recycling collection shed; E. Utility services and any concrete pads associated with the campsites; F. boat well; and G. outdoor pole sign. 4.2. Lessee Improvements. (1) Lessee shall construct on the Leased Premises new improvements or repairs as described, and in the timeframes stipulated, in Exhibit B (collectively, the "Lessee Improvements"). Page 3 of 32 Page 493 of 817 (2) Upon any termination of this Lease, by reason of any cause whatsoever, if any Lessee Improvements, except the new shower house to be constructed by Lessee, shall then be on the Leased Premises, Lessor may require Lessee at no cost to Lessor to remove any or all of such Improvements by delivering notice to Lessee not later than one hundred eighty days (180) prior to the expiration of the Lease, in which event Lessee shall remove the Lessee Improvements within thirty (30) days after the expiration of this Lease Agreement. Title to all Existing Improvements and Lessee Improvements is and shall be at all times vested in Lessor. No further deed or other instrument shall be necessary to confirm the vesting in Lessor of title to the Existing Improvements or Lessee Improvements. (3) Plans for Construction of Lessee Improvements. Plan and specifications with respect to the construction of the Lessee Improvements thereon (the Construction Plans) shall be in conformity with the Urban Renewal Plan, this Agreement, and all applicable state and local laws and regulations, including but not limited to any covenants, conditions, restrictions, reservations, easements, liens and charges, applicable to the Leased Premises, in the records of Dubuque County, Iowa. Lessee shall submit to Lessor, for approval by Lessor, plans, drawings, specifications, and related documents with respect to the Lessee Improvements to be constructed by Lessee. All work with respect to the Lessee Improvements shall be in substantial conformity with the Construction Plans approved by Lessor. (4) Upon request of Lessor, Lessee shall provide Lessor with evidence satisfactory to Lessor showing that the Lessee Improvements in this Section 4 have been completed. 4.3. Landscaping. Reasonable material landscaping or aesthetic improvements will be made by the Lessee as mutually agreed upon by the Lessor and Lessee. Lessee shall maintain all landscaping or aesthetic improvements to the reasonable satisfaction of Lessor. SECTION 5. ENCUMBRANCE OF LESSEE'S LEASEHOLD INTEREST 5.1. Lessee's Right to Encumber Leasehold Interest. Lessee may encumber by mortgage, deed of trust or other proper instrument, its leasehold interest and estate in the Leased Premises, together with all Existing Improvements or Lessee Improvements on the Leased Premises, as security for any indebtedness of Lessee, provided that no such encumbrance shall extend beyond the term of this Lease. Lessee shall provide prompt written notice to Lessor of any such encumbrance together with a copy of such encumbrance. In the event of any judicial or nonjudicial foreclosure under any mortgage, deed of trust or other similar instrument made by Lessee covering its leasehold interest in the Leased Premises, Lessor shall, upon such foreclosure or sale, recognize the purchaser thereunder as lessee under this Lease, provided such purchaser expressly agrees in writing to be bound by the terms of this Lease. Page 4 of 32 Page 494 of 817 5.2. Notice to Holder of Encumbrance; Right of Holder to Cure Lessee's Default, If Lessee shall encumber its leasehold interest and estate in the Leased Premises and if Lessee, or the holder of the indebtedness, its successors and/or assigns (the Holder) secured by the encumbrance shall give notice to Lessor within 30 days thereafter of the existence of the encumbrance and the address of the Holder, then Lessor shall mail or deliver to the Holder, at such address, a duplicate copy of all notices in writing which Lessor may, from time to time, give or serve on Lessee under and pursuant to the terms and provisions of this Lease. The copies shall be mailed or delivered to the Holder at, or near as possible to, the same time the notices are given to or served on Lessee. The Holder may, at its option, at any time before the rights of Lessee shall be terminated as provided in this Lease, pay any of the rents due under this Lease or pay any taxes and assessments, or do any other act or thing required of Lessee by the terms of this Lease, or do any act or thing that may be necessary and proper to be done in the observance of the covenants and conditions of this Lease or to prevent the termination of this Lease; provided, however, that the doing of any act or thing requiring possession of the Leased Premises shall be subject to the further rights of Holder as set forth in 16.2. All payments so made and all things so done and performed by the Holder shall be effective to prevent a foreclosure of the rights of Lessee thereunder as the same would have been if done and performed by Lessee. SECTION 6. TAXES. 6.1. Lessee agrees to pay to City an amount equal to real estate taxes upon the Leased Premises, including Existing Improvements and Lessee Improvements, that accrue during the Term of this Lease (including taxes accrued during the Term but not due and payable until after the Term), upon receipt of a statement from City, accompanied with all statements from any other taxing authority verifying the amount of such accrued taxes. 6.2. During the term of this Lease, Lessee further agrees to pay all other taxes, fees (including but not limited to storm water fees), rates, charges, levies and assessments, general and special, 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 said real estate and which become payable during the term hereof (including taxes, fees (including but not limited to storm water fees), rates, charges, levies and assessments, general and special, of every name, nature and kind 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 hereof, any buildings or improvements thereon which may be taxed, charged, assessed, levied or imposed upon the leasehold estate hereby created and upon the reversionary estate in said real estate 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 other taxes, fees, rates, charges, levies and assessments shall be paid by Lessee as they become due and before they become delinquent during the term hereof. If any such taxes, fees, rates, charges, levies and assessments shall be levied or assessed against any period of time prior to the commencement of the Term or after the expiration thereof, such taxes, fees, rates, charges, levies and assessments shall be prorated accordingly. Page 5 of 32 Page 495 of 817 6.3. Lessee agrees to timely pay all taxes, fees, assessments or other public charges levied or assessed by lawful authority (but reasonably preserving Lessee's rights of appeal) against its personal property on the premises, during the term of this Lease. 6.4. Nothing herein shall require Lessee to pay any of Lessor's income taxes, surtaxes, excess profit taxes or any taxes on the rents reserved to Lessor hereunder. 6.5. Lessee shall at all times have the right to contest in good faith, in any proper proceedings, in the name of Lessor if necessary, the payment or satisfaction of any such taxes, fees, assessments, rates, charges or levies so agreed to be paid by Lessee, if the validity thereof, or the right to assess or levy the same against or collect the same from said Leased Premises, Existing Improvements or Lessee Improvements, shall be disputed. Upon the conclusion of any such suit or proceedings, or not less than three (3) months prior to the date when the right to redeem therefrom expires, whichever will be the earlier, Lessee 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 7. REPAIRS AND DREDGING. 7.1. Lessee shall at all times during the term of this Lease, at Lessee's own cost and expense, keep the Leased Premises and Lessee Improvements thereon, and all sidewalks, curbs, and all appurtenances to the Leased Premises, in good order, condition and repair, casualties and ordinary wear and tear excepted and to a condition consistent with other similarly classed operations and being reasonably satisfactory to Lessor. Lessee shall keep the Leased Premises in such condition as may be required by law and by the terms of the insurance policies furnished pursuant to this Lease, whether or not such repair shall be interior or exterior, and whether or not such repair shall be of a structural nature. Upon reasonable notice to Lessee, Lessor may, at its discretion and at its cost, conduct an annual inspection of the Leased Premises to determine Lessee's compliance with this Section 7. 7.2. Lessor shall have the right to require Lessee upon written notice to repair or remove any structure on the Leased Premises which Lessor determines does not comply with the requirements of this Section, and Lessee shall repair or remove, as the notice may require, any such structure within one -hundred twenty (120) days after receipt of such notice. 7.3 Lessor shall maintain the shoreline/rip rap on the Leased Premises until such time as Lessor repairs/replaces the shoreline/rip rap, as needed, in Lessor's sole discretion. Immediately following any repair/replacement of shoreline/rip rap, Lessee shall maintain the shoreline/rip rap. 7.4 Section 7.3 notwithstanding, Lessor shall have no obligation to Lessee for any maintenance expense of any kind on the Leased Premises. Page 6 of 32 Page 496 of 817 7.5 With respect to dredging in the water as necessary to provide access to the Leased Premises, Lessor and Lessee shall collaborate in accordance with recent past practices, that is: the City shall continue to hold the dredging permit and , in coordination with the Lessee and as required by the occasional need for dredging, take the lead on applying for federal BIG grants, put out Request for Dredging Proposals, award dredging contracts, and bear all costs associated with these activities. Lessee shall be responsible for paying all costs associated with dredging, other than those paid by City, as set forth above. Notwithstanding any other provisions of this Lease, any dredging shall be at the discretion of Lessee. SECTION 8. COMPLIANCE WITH LAW. 8.1. During the term of this Lease, Lessee shall comply with all local, state and federal laws applicable to Lessee's use of the Leased Premises, including but not limited to the Americans with Disabilities Act and the Iowa Smoke Free Air Act. 8.2. Lessee shall not commit waste on the Leased Premises except as necessary for its business purposes, and Lessee shall be liable for any damages to or destruction of any buildings or Existing Improvements on the Leased Premises resulting from waste. Lessee shall not remove any Existing Improvements on the Leased Premises except as allowed pursuant to this Lease. All trash, garbage and refuse of any kind shall be promptly removed from the Leased Premises by Lessee. 8.3. Lessee is responsible for compliance with all applicable laws, statutes, rules, regulations, and ordinances which may apply to the performance of Lessee's obligations under this Agreement, including but not limited to the laws outlined in Exhibit D, and hereby represents and warrants that Lessee is in compliance with the same as of the Closing Date and further represents that during the Term Lessee will remain in compliance. Lessee shall require all contractors and subcontractors providing services under this Agreement shall also certify compliance with this Section. Lessee further represents and warrants that Lessee has obtained all necessary business permits and licenses that may be required to carry out the obligations pursuant to this Agreement, including any permits and licenses that might be required by the state or locality in which Lessee performs the Services, and Lessee agrees to maintain, at Lessee's sole expense, such required permits and licenses for the duration of the term(s) of this Agreement. SECTION 9. USE OF LEASED PREMISES. 9.1. Lessee shall not knowingly use or allow the Leased Premises or any buildings or Lessee Improvements thereon or any appurtenances thereto, to be used or occupied for any unlawful purpose or in violation of any certificate of occupancy. Lessee shall not suffer any act to be done or any condition to exist within the Leased Premises or in any Lessee Improvement thereon, or permit any article to be brought therein, which is Page 7 of 32 Page 497 of 817 dangerous, unless safeguarded as required by law, or which, in law, constitute a nuisance, public or private, or which may make void or voidable any insurance in force with respect thereto. SECTION 10. INSURANCE. 10.1. Lessee shall maintain during the term of this Lease insurance as set forth in the Lessor's standard Insurance Schedule for Lessees of Lessor Property, as such uniform, standardized schedule may from time to time be amended. The current Insurance Schedule is attached to this Lease Agreement as Exhibit C, Schedule Q. Lessor shall provide written notice of any amendment to the Insurance Schedule not less than sixty (60) days prior to the effective date of such amendment. 10.2. Lessee shall maintain, or cause to be maintained, at its cost and expense (and from time to time at the request of Lessor shall furnish proof of insurance as follows): 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 Improvements naming City as a lender loss payable. No policy of insurance shall be so written that the proceeds thereof will produce less than the minimum coverage required by the preceding sentence, by reason of co-insurance provisions or otherwise, without the prior consent thereto in writing by Lessor. The term "replacement value" shall mean the actual replacement cost of Improvements (excluding foundation and excavation costs and costs of underground flues, pipes, drains and other uninsurable items) and equipment, and shall be determined from time to time at the request of Lessor, but not more frequently than once every three years, and paid for by Lessee. 10.3. All insurance required by this Section shall be taken out and maintained in responsible insurance companies selected by Lessee which are authorized under the laws of the State of Iowa to assume the risks covered thereby or Lessee may at its election self -insure itself pursuant to the aforementioned guidelines. Lessee shall deposit annually by not later than July 1 of each year with Lessor a certificate or certificates or binders of the respective insurers stating that such insurance is in force and effect. Lessee shall furnish Lessor evidence satisfactory to Lessor that the policy has been renewed or replaced by another policy conforming to the provisions of this Section 9, or that there is no necessity therefor under the terms hereof. In lieu of separate policies, Lessee may maintain a single policy, or blanket or umbrella policies, or a combination thereof, which provide the total coverage required herein, in which event Lessee shall deposit with Lessor a certificate or certificates of the respective insurers as to the amount of coverage in force upon Improvements, provided, however, the specific limit shall not be impaired. 10.4. Lessee agrees to notify Lessor immediately in the case of damage exceeding $100,000.00 in amount to, or destruction of, Trade Fixtures or Lessee Improvements or Page 8 of 32 Page 498 of 817 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 shall forthwith repair, reconstruct and restore the Trade Fixtures or Lessee Improvements to substantially the same or an improved condition or value as they existed prior to the event causing such damage and, to the extent necessary to accomplish such repair, reconstruction and restoration, or remove such Trade Fixtures or Lessee Improvements whether or not the Net Proceeds of insurance received by Lessee for such purposes are sufficient. Lessee shall apply the Net Proceeds of any insurance relating to such damage received by Lessee to the payment or reimbursement of the costs thereof, subject, however, to the terms of any mortgage encumbering title to the Leased Premises. SECTION 11. LESSOR'S WARRANTIES AND REPRESENTATIONS 11.1. Lessor's Representation of Good Title. Lessor covenants and warrants that Lessor is lawfully seized in possession of the Leased Premises, and that it has full right and authority to enter into this Lease for the full term hereof, and covenants and agrees that upon paying the rent provided for herein, and upon Lessee's performing the covenants and agreements of this Lease required to be performed by said Lessee, that it will have, hold and enjoy quiet possession of the Leased Premises. Lessor warrants to Lessee that the Leased Premises are properly zoned for the conduct of the operation of Lessee's business. 11.2. Lessor makes no representations or warranties as to the condition, including environmental condition, of the Leased Premises and Lessee accepts the Leased Premises as is. SECTION 12. LESSEE'S WARRANTIES AND REPRESENTATION. 12.1. Lessee Compliance With Law. Lessee shall comply with all applicable local, state and federal laws, rules, regulations and permits with regard to the Leased Premises and its use, occupancy and control of the Leased Premises. 12.2. Environmental Matters. (1) Lessee covenants and agrees that Lessor shall have no responsibility for or liability arising from any release of a Hazardous Substance which is caused by or results from Lessee, Lessee's use, occupancy or control of the Leased Premises, except for Lessor Hazardous Substances (any Hazardous Substance which leaches or migrates upon the Leased Premises from any property owned by Lessor). Notwithstanding any other provision of this Lease, Lessee 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 onto the Leased Premises which is caused by Lessor or other tenants or lessees of Lessor or which pre-exists the date of this Lease, except as follows: (a) Lessee shall be responsible for known pre-existing releases for which Lessee fails to take due care and adequate precaution and/or for which Lessee's actions Page 9 of 32 Page 499 of 817 or inactions cause a worsening of the release, and (b) Lessee shall provide full cooperation, assistance, and access to Lessor or other parties investigating and/or responding to a threatened or actual release. (2) Lessee covenants and agrees to promptly notify Lessor of any release of Hazardous Substance for which Lessee is responsible under this Section 12.2(1) that exceeds permitted levels as defined by any local, state or federal laws applicable to Lessee's use of the Leased Premises originating after the effective date of this Lease ("Release") in, on or about the Leased Premises of which Lessee suspects or has actual knowledge. (3) Lessee covenants and agrees to promptly take any and all necessary and appropriate response to fully address any Release following the advance notice to Lessor 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. Lessee shall respond to such Release to the full extent required by applicable law; however, in no event shall Lessee allow limitations or restrictions to be placed on the Leased Premises without the written consent of the Lessor. (4) Except as necessary to conduct its operations and use the Leased Premises as detailed in Section 1.6 and 1.7, Lessee 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. Lessee 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. (5) 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 455B, Iowa Code, (ii) petroleum and petroleum products, (iii) asbestos containing materials in any form or condition, (iv) designated as a "hazardous substance" pursuant to 311 of the Federal Water Pollution Control Act (33 U.S.C. § 1321), (v) defined as a "hazardous waste" pursuant to § 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 13. INDEMNIFICATION. Page 10 of 32 Page 500 of 817 13.1. 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, costs and expenses (including, without limitation, reasonable attorneys' fees and expenses) imposed upon or incurred by or asserted against Lessee by reason of (a) any accident, injury to or death of persons or loss of or damage to property occurring on or about the Leased Premises and resulting from any act or omission of Lessor, its agents or employees, (b) any failure on the part of Lessor to perform or comply with any of the terms of this Lease and (c) any breach on the part of Lessor of any warranty or representation contained in Section 11 of this Lease. In case any action, suit or proceeding is brought against Lessee by reason of any such occurrence, Lessor will, at Lessor 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 unreasonably withheld. 13.2. Indemnification of Lessor. To the extent allowed by law, 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 Leased Premises during the term of this Lease and resulting from any negligence of Lessee, (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, and (c) any material breach on the part of Lessee of any warranty or representation contained in Section 12. In case any action, suit or proceeding is brought against Lessor by reason of such occurrence, Lessee will, at Lessee's expense and discretion, either 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. 13.3. 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. SECTION 14. CONDEMNATION. 14.1. Entire Condemnation. If at any time during the term of this Lease all or substantially all of the Leased Premises, the Existing Improvements or Lessee Improvements thereon shall be taken in the exercise of the power of eminent domain by any sovereign, municipality or other public or private authority, 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. Substantially all of the Leased Premises, the Existing Improvements and the Lessee Improvements thereon shall be deemed to have been taken if the remaining portion of the Leased Premises shall not be of sufficient size to permit Lessee, in Lessee's sole discretion, to operate its business thereon in a manner similar to that prior to such taking. Page 11 of 32 Page 501 of 817 14.2. Allocation of Award. Any award for such taking of all or substantially all of the Leased Premises shall be paid to the parties hereto in accordance with the following: (1) To Lessor, the amount of the award attributable to the Leased Premises, determined as if this Lease was not in effect at the time of such award, excluding therefrom the amount of the award attributable to the Lessee Improvements but not the Existing Improvements, and all other sums not directly attributable to the value of the Land constituting the Leased Premises; (2) To Lessee, the entire award except that portion allocated to Lessor above. 14.3. Partial Condemnation. (1) If less than all or substantially all of the Leased Premises, the Existing Improvements or the Lessee Improvements thereon shall be taken in the exercise of the power of eminent domain by any sovereign, municipality or other public or private authority, then Lessee, at its option, may elect to continue this Lease in full force and effect or terminate this Lease. If Lessee shall elect to maintain this Lease in full force and effect, the award for such partial condemnation shall be allocated as provided in 14.2, and Lessee shall proceed with reasonable diligence to carry out any necessary repair and restoration, but only to the extent of the award to Lessee under Section 14.2, so that the remaining Lessor or Lessee Improvements and appurtenances shall constitute a complete structural unit or units which can be operated on an economically feasible basis under the provisions of this Lease. In the event Lessee elects to continue this Lease in full force and effect after a partial condemnation, the Rent shall be reduced in proportion to the value of the area of the Leased Premises taken. (2) Should Lessee elect to terminate this Lease upon a partial condemnation, Lessee shall provide Lessor with written notice of such election within thirty (30) days after the date of vesting of title for such taking. Lessee shall specify in such written notice the date on which this Lease shall terminate, which date shall be not less than 60 days nor more than 360 days after delivery of such notice to Lessor (the Termination Date). In the event Lessee terminates this Lease, as provided for in this 14.3, Lessee shall be entitled to the entire award for such partial taking. 14.4 Temporary Taking. If the temporary use of the whole or any part of the Leased Premises, the Existing Improvements or the Lessee 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, the term of this Lease shall not be reduced or affected in any way, and Lessee shall continue to pay in full the rent, additional rent and other sum or sums of money and charges herein reserved and provided to be paid by Lessee, and the entire award for such temporary taking shall be paid to Lessee. Lessee shall repair and restore any and all damage to the Leased Premises, the Existing Improvements and the Lessee Improvements as soon as reasonably practicable after such temporary taking to the Page 12 of 32 Page 502 of 817 extent of the condemnation award to Lessee. SECTION 15. ASSIGNMENT AND SUBLETTING. This Lease may not be assigned by Lessee without the prior written consent of Lessor, which consent shall not be unreasonably withheld, provided said third party agrees to comply with the terms and conditions of this Lease; provided, however, Lessee may assign this Lease to an affiliate without Lessor's prior written consent. Lessee may sublet parts of the Leased Premises without the prior consent of Lessor provided Lessee's subtenants agree to comply with the applicable terms and conditions of this Lease, and provided further that Lessee shall remain responsible to Lessor for the terms and conditions of this Lease. SECTION 16. DEFAULT. 16.1. Lessor's Rights in the Event of Lessee's 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 performed, and the default shall continue for a period of thirty (30) days after written notice from Lessor setting forth the nature of Lessee'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 Lessee 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 ninety (90) days), then and in any such event, Lessor shall have the right at its option, on written notice to Lessee, to terminate this Lease. Lessor shall thereafter have the right to enter and take possession of the Leased Premises with process of law and to remove all personal property from the Leased Premises and all persons occupying the Leased Premises and to use all necessary force therefor and in all respects to take the actual, full and exclusive possession of the Leased Premises and every part of the Leased Premises as of Lessor's original estate, without incurring any liability to Lessee or to any persons occupying or using the Leased Premises for any damage caused or sustained by reason of such entry on the Leased Premises or the removal of persons or property from the Leased Premises. 16.2. Rights of Holder of Encumbrance in Event Lessee Defaults. If Lessee fails or neglects 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, the Holder of any indebtedness secured by an encumbrance on the leasehold estate under this Lease shall have thirty (30) days after receipt of written notice from Lessor setting forth the nature of Lessee's default and a reasonable time thereafter if it shall have commenced foreclosure or other appropriate proceedings in the nature thereof within such thirty (30) days and is diligently prosecuting such proceedings, but in no event longer than ninety (90) days, within which to endeavor to make good or remove the default or cause for termination of the Lease. All right of Lessor to terminate this Lease on the failure or neglect of Lessee to observe, keep and perform the covenants, terms and conditions of this Lease is, and shall continue to be, at all times prior to payment in full of the indebtedness to the Holder of Lessee, subject to and conditioned on Lessor's having first given the Holder written notice thereof and the Holder having failed to cause the default or cause for termination to be made good or removed within thirty (30) days after receiving written notice of default or cause Page 13 of 32 Page 503 of 817 for termination or within a reasonable time thereafter if it shall have commenced foreclosure or other appropriate proceedings in the nature of foreclosure within such thirty (30) days and is diligently prosecuting such proceedings, but in no event longer than ninety (90) days. In the event that the Lease is terminated due to the Lessee's bankruptcy, insolvency or other proceedings, and in the event the Holder has complied with the terms of this 16.2, then Lessor at Holder's option, shall enter into a new lease with Holder or the successful bidder at foreclosure on the same terms as this Lease, for the term then remaining, and specifically preserving all unexercised options. 16.3. Lessee's Rights in the Event of Lessor's Default. If Lessor shall fail or neglect to observe, keep or perform any of the covenants, terms or conditions contained in this Lease, including the requirements of any encumbrance on the Leased Premises, 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 Lessee setting forth the nature of Lessor'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 Lessor 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 ninety (90) days), then and in any such event, Lessee shall have all rights available to it provided by law or equity. If Lessor's default shall render the Leased Premises of no operational use to Lessee, and the default shall continue for a period of thirty (30) days after written notice from Lessee setting forth the nature of Lessor's default, then Lessee shall have no further obligation for the payment of rent, taxes, or wharfage or for the provision of Products to Lessor, and Lessee may terminate this Lease Agreement and remove all Trade Fixtures and Improvements subject to Section 3.2. SECTION 17. 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 Lessee pursuant to Section 16.1 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 Leased Premises, the Existing Improvements and the Lessee 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 18. 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 Page 14 of 32 Page 504 of 817 the Leased Premises or any part thereof shall not be disturbed by any act of Lessor, or of anyone acting by, through or under Lessor. Notwithstanding the foregoing, Lessor shall have the right upon reasonable notice to Lessee to enter the Leased Premised at any time to determine whether Lessee is in compliance with the requirement of this Lease. SECTION 19. ESTOPPEL CERTIFICATES. Each party hereto agrees that at any time and from time to time during the term of this Lease, within ten (10) days after request by the other party hereto or by any lender having an interest in Lessee's leasehold estate, it will execute, acknowledge and deliver to the other party or to such lender or any prospective purchaser, assignee or any mortgagee designated by such other party, a certificate stating (a) that this Lease is unmodified and in force and effect (or if there have been modifications, that this Lease is in force and effect as modified, and identifying the modification agreements), (b) the date to which rent has been paid, (c) whether or not there is any existing default by Lessee in the payment of any rent or other sum of money hereunder, and whether or not there is any other existing default by either party hereto with respect to which a notice of default has been served, and, if there is any such default, specifying the nature and extent thereof; and (d) whether or not there are any setoffs, defenses or counterclaims against enforcement of the obligations to be performed hereunder existing in favor of the party executing such certificate. SECTION 20. WAIVER. No waiver by either party hereto of any breach by the other of any term, covenant, condition or agreement herein and no failure by any party to exercise any right or remedy in respect of any breach hereunder, 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 the other party in respect of any such subsequent breach, nor 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 Leased Premises, or to invoke any other appropriate remedy which Lessor may select as herein or by law provided. SECTION 21. SURRENDER. Lessee 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 Lessor, without fraud or delay and in good order, condition and repair, reasonable wear and tear excepted, free and clear of all lettings and occupancies, free and clear of all liens and encumbrances other than those existing on the date of this Lease and those, if any, created by Lessor, without (except as otherwise provided herein) any payment or allowance whatever by Lessor 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. That notwithstanding, in accordance with Section 3.2 of this Lease, Lessee may remove any Improvements within thirty (30) days of termination of the Lease. Lessee's Trade Fixtures, personal property and other belongings of Lessee or of any sublessee or other occupant of space in the Leased Premises shall be and remain the property of Lessee, and Lessee shall, except for Lessor's default, within thirty (30) days after the expiration of the Term of this Lease Page 15 of 32 Page 505 of 817 remove the same, and shall pay pro -rated rent for each day it remains on the Leased Premises, and in the event Lessee shall fail to do so, Lessor may cause the Trade Fixtures to be removed and Lessee agrees pay Lessor for the costs of removal within thirty (30) days of receipt of a statement therefore from Lessor. SECTION 22. MEMORANDUM OF LEASE. Each of the parties hereto will, promptly upon request of the other, execute a memorandum of this Lease in a form suitable for recording setting forth the names of the parties hereto and the term of this Lease, identifying the Leased Premises, and also including such other clauses therein as either party may desire, except the amounts of basic rent payable hereunder. SECTION 23. NOTICES. 23.1. 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 by facsimile addressed as follows: TO LESSOR: City of Dubuque, Iowa City Manager City Hall 50 West 13th Street Dubuque IA 52001 WITH COPY TO: City Attorney City Hall 50 West 131h Street Dubuque IA 52001 TO LESSEE: Dubuque Marina 1201 Shiras Ave. Ext. Dubuque, IA 52001 Attn: Jamie Becker WITH COPY TO: Drake Law Firm 300 main St., Suite 323 Dubuque IA 52001 Attn: Flint Drake 23.2. The address and/or fax number 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 24. MISCELLANEOUS. 24.1. Time of the Essence. Time is of the essence of this Lease and all of its provisions. Page 16 of 32 Page 506 of 817 24.2_ 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. 24.3. 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. 24.4. 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. 24.5. 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 or assigns. 24.6. Force Maieure. A party shall be excused from its obligations under this Agreement if and to the extent and during such time as the party is prevented, impeded, or hindered, unable to perform its obligations or is delayed in doing so due to events or conditions outside of the party's reasonable control and after the party has taken reasonable steps to avoid or mitigate such event or its consequences (each a "Force Majeure Event") including, without limitation in any way, as the result of any acts of God, war, fire, or other casualty, riot, civil unrest, extreme weather conditions, terrorism, strikes and/or labor disputes, pandemic, epidemic, quarantines, government stay-at-home orders, municipal and other government orders, failure of Internet, or other matter beyond the control of such party. Upon the occurrence of a Force Majeure Event, the party incurring such Force Majeure Event will promptly give notice to the other party identifying the Force Majeure Event, explaining how it impacts performance and the estimated duration, identifying the relief requested, agreeing to limit damages to the other party and to immediately resume performance upon termination of the Force Majeure Event, and agreeing to supplement the notice as more information becomes available, and thereafter the parties shall meet and confer in good faith in order to identify a cure of the condition affecting its performance as expeditiously as possible. No obligation to make a payment required by this Agreement is excused by a Force Majeure Event. The nonperforming party shall not be entitled to any damages or additional payments of any kind for any such delay. Page 17 of 32 Page 507 of 817 LESSOR: CITY OF DUBUQUE, IOWA Brad M. Cavanagh, Mayor Attest: Adrienne N. Breitfelder, City Clerk LESSEE: PIER PRESSURE MARINE IA, INC. By: 44- -,'VAJ, see Steve Laun ach, Secretarv/Treasurer By: Ryan ecker, resident Page 18 of 32 Page 508 of 817 LIST OF EXHIBITS EXHIBIT A Leased Premises EXHIBIT B Lessee Improvements EXHIBIT C Insurance Schedule Q EXHIBIT D Legal Compliance EXHIBIT E Lease and Agreement dated October 29, 1956 Page 19 of 32 Page 509 of 817 EXHIBIT A LEASED PREMISES Page 20 of 32 Page 510 of 817 Page 21 of 32 Page 511 of 817 EXHIBIT B LESSEE IMPROVEMENTS Lessee Improvements include the following on the included schedule. - Phase I To be commenced no later than January 1, 2029 and completed no later than April 1, 2030. • Replace docks D and E with new docks. • New shore -to -dock gangways with security doors. • Finish parking lot improvements. • Install security cameras and lighting on premises. Security cameras and lighting to cover all leased property. Phase II To be commenced no later than January 1, 2035 and completed no later than April 1, 2036. • Build new masonry shower house. • Replace outdoor pole sign. Phase III To be commenced no later than January 1, 2037 and completed no later than April 1_ 2038. • Complete replacement or major rebuild of Docks I and J. • Remove or repair Docks A, B, and C. Page 22 of 32 Page 512 of 817 EXHIBIT C INSURANCE SCHEDULE Q Page 23 of 32 Page 513 of 817 INSURANCE SCHEDULE Q Pier Pressure Marine IA, Inc. (Operator) shall furnish a signed certificate of insurance to the City of Dubuque, Iowa for the coverage required in Exhibit I prior to contract or lease commencement. Owner shall submit an updated certificate annually. Each certificate shall be prepared on the most current ACORD form approved by the Department of Insurance or an equivalent approved by the Director of Finance and Budget. Each certificate shall include a statement under Description of Operations as to why issued. Eg: Lease of premises at 1201 Shiras Ave Ext 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. Failure to provide minimum coverage shall not be deemed a waiver of these requirements by the City of Dubuque. Failure to obtain or maintain the required insurance shall be considered a material breach of this agreement. 5. All required endorsements shall be attached to the certificate. The certificate is due before the contract/agreement can be approved. 6. Whenever a specific ISO form is listed, an equivalent form may be substituted subject to the approval of the Director of Finance and Budget and subject to the provider identifying and listing in writing all deviations and exclusions that differ from the ISO form. Operator shall be required to carry the minimum coverage/limits, or greater if required by law or other legal agreement, in Exhibit I. 8. Whenever an ISO form is referenced the current edition of the form must be used. if the Operator's limits of liability are higher than the required minimum limits then the Operator's limits shall be this Agreement's required limits. Operator shall be responsible for deductibles and self -insured retention for payment of all policy premiums and other cost associated with the insurance policies required below. 10. All certificates of insurance must include agents name, phone number, and email address. 11. 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. 12. 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 written mutual agreement attached hereto. Page 24 of 32 Page 514 of 817 INSURANCE SCHEDULE Q (continued) Exhibit I A) MARINE COMPREHENSIVE LIABILITY: MCL OR COMMERCIAL GENERAL. LIABILITY CGL General Aggregate: $2,000,000 Products -Completed Operations Aggregate Limit: $1,000,000 Personal & Advertising Injury Limit: $1,000,000 Each Occurrence: $1,000,000 Fire Damage Limit (any one occurrence) $100,000 Medical Payments: $5,000 B) MARINA OPERATORS LEGAL LIABILITY: MOL Limit: $1,000,000 C) PROTECTION & INDEMNITY COVERAGE: P&I Limit: $1,000,000 1) Coverage shall be written on an occurrence, not claims, form. The general liability coverages shall be written in accord with ISO form CG 00 01. All deviations from the standard ISO commercial general liability form CG 00 01 shall be clearly identified. 2) If using CGL form include endorsement excluding waterborne liability. 3) Under MCL or CGL include ISO endorsement form CG 25 04 "Designated Location(s) General Aggregate" or MCL equivalent 4) Under MCL or CGL include endorsement indicating that the coverage is primary and non-contributory. 5) Under MCL or CGL include Preservation of Governmental Immunities endorsement. (Sample attached) 6) Under MCL or CGL include an endorsement to delete any fellow employee exclusion. 7) Under MCL or CGL 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 2010. (Ongoing operations). 8) Policy shall include Waiver of Right to Recover from Other endorsement. g) 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. Page 25 of 32 Page 515 of 817 INSURANCE SCHEDULE Q (continued) D) WORKERS' COMPENSATION, LHWCA & 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 operator is not required to purchase Workers' Compensation Insurance, the operator 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. E) POLLUTION LIABILITY (including transit) Minimum coverage limits; if Lessee sells fuel, City reserves the right to require higher limits Coverage required: _*_ Yes _ No General Aggregate Limit $1,000,000 Each Occurrence limit $500,000 Policy shall include an 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. Include Preservation of Governmental immunities endorsement. (Sample attached) Include endorsement indicating that coverage is primary and non-contributory. Policy shall include waiver of right to recovery from others endorsement. F) PROPERTY INSURANCE REQUIRED BY LEASE, LICENSE, OR PERMIT " Yes No Lessee shall maintain, or cause to be maintained, at its cost and expense (and from time to time at the request of Lessor shall furnish proof of insurance as follows): Page 26 of 32 Page 516 of 817 Property insurance against loss and/or damage to Improvements currently on the Leased Premises and Lessee Im rovements under an insurance policy written on the Special Perils Form in an amount not less than the full insurable replacement value of Improvements currently on the Leased Premises and Lessee Improvements naming City as a lender loss payable. No policy of insurance shall be so written that the proceeds thereof will produce less than the minimum coverage required by the preceding sentence, by reason of co-insurance provisions or otherwise, without the prior consent thereto in writing by Lessor. The term "replacement value" shall mean the actual replacement cost of Improvements currently on the Leased Premises and Lessee Improvements (excluding foundation and excavation costs and costs of underground flues, pipes, drains and other uninsurable items) and equipment, and shall be determined from time to time at the request of Lessor, but not more frequently than once every three years, and paid for by Lessee. Include the City of Dubuque as Lender Loss Payable. G) UMBRELLA/EXCESS LIABILITY $5,000,000 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. Page 27 of 32 Page 517 of 817 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 28 of 32 Page 518 of 817 EXHIBIT D LEGAL COMPLIANCE Page 29 of 32 Page 519 of 817 Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21; a) The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); b) Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); c) Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; d) The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq), (prohibits discrimination on the basis of age); e) Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); f) The Civil Rights Restoration Act of 1987, (PL 100-209); (broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964 to include that entities that receive federal funding must comply with civil rights legislation, including the Civil Rights Act of 1964, the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973, in all operations, not just in the program or activity receiving federal funding); g) Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 - 12189) as implemented by Department of Transportation regulations at 49 C.F.R. Parts 37 and 38; h) The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); i) Section 1557of the Affordable Care Act (prohibits discrimination on the basis of national origin); Page 30 of 32 Page 520 of 817 j) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. § 1681 et seq.) (prohibits discrimination because of sex in education programs or activities); k) Drug Abuse Office and Treatment Act of 1972, as amended (21 U.S.C. § 1101 et seq.); and 1) Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, as amended (42 U.S.C. § 4541, et seq.). Page 31 of 32 Page 521 of 817 EXHIBIT E LEASE AND AGREEMENT DATED October 29, 1956 (on fife in City Clerk's office, 50 W. 131h Street, Dubuque, IA 52001) Page 32 of 32 Page 522 of 817 CITY OF DUBUQUE, IOWA OFFICIAL NOTICE PUBLIC NOTICE is hereby given that the Dubuque City Council will conduct a public hearing on the 3rd day of November, 2025, at 6:30 p.m., in the Historic Federal Building, 350 W. 6th Street, 2nd floor, Dubuque, Iowa, at which meeting the City Council proposes to take action to approve an Amended and Restated Lease Agreement by and between the City of Dubuque, Iowa and Pier Pressure Marine IA, Inc., a copy of which is now on file at the Office of the City Clerk, City Hall, 50 W 13th Street, Dubuque, Iowa,. At the meeting, the City Council will receive oral and written comments from any resident or property owner of said City to the above action. The official agenda will be posted the Friday before the meeting and will contain public input options. The City Council agenda can be accessed at https:Hcityofdubuque.novusagenda.com/AgendaPublic/ or by contacting the City Clerk's Office at 563-589-4100, ctyclerk@cityofdubuque.org. Written comments regarding the above public hearings may be submitted to the City Clerk's Office via email at ctyclerk@cityofdubuque.org or by mail to City Clerk's Office, City Hall, 50 W. 13th St., Dubuque, IA 52001, before said time of public hearing. At said time and place of public hearings the City Council will receive any written comments. Copies of supporting documents for the public hearings are on file in the City Clerk's Office and may be viewed Monday through Friday between 8:00 a.m. and 5:00 p.m. Individuals with limited English proficiency, vision, hearing, or speech impairments requiring special assistance should contact the City Clerk's Office at (563) 589-4100, TDD (563) 690-6678, ctyclerk@cityofdubuque.org as soon as feasible. Deaf or hard -of -hearing individuals can use Relay Iowa by dialing 711 or (800) 735-2942. Published by order of the City Council given on the 20th day of October 2025. Adrienne N. Breitfelder, City Clerk Page 523 of 817 Prepared by Name Title Business Address Dubuque IA 52001 (563) 589-XXXX Return to Adrienne N. Breitfelder, City Clerk, 50 W. 13th St., Dubuque, IA 52001, (563) 589-4100 RESOLUTION NO. 342 - 25 SETTING A PUBLIC HEARING TO CONSIDER THE AMENDED AND RESTATED LEASE AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE AND PIER PRESSURE MARINE IA, INC. FOR REAL PROPERTY IN THE CITY OF DUBUQUE, IOWA WHEREAS, The City of Dubuque, Iowa (City) previously entered into a Lease Agreement dated October 29, 1956, with Pier Pressure Marine IA, Inc. under which Pier Pressure Marine IA, Inc. leases the following -described real property in Dubuque County, Iowa: RIVER FRONT SUB NO 3 BLK 3 BLDG ON LEASED LAND ; and WHEREAS, Pier Pressure Marine IA, Inc. and City wish to amend and restate the Lease Agreement with the Amended and Restated Lease Agreement attached hereto; and WHEREAS, the City Council finds that it is in the best interest of the City of Dubuque to approve the Amended and Restated 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 Council's intent to approve the proposed Amended and Restated Lease Agreement, to be held on the 3rd day of November, 2025 at 6:30 p.m., to be held at 350 West 6t" Street, for the purpose of receiving public input and comment regarding the proposed Amended and Restated Lease Agreement between City of Dubuque and Pier Pressure Marine IA, Inc.. SECTION 2. The City Council will meet at said time and place for the purpose of taking action on the matter of authorizing the Amended and Restated Lease Agreement by and between the City of Dubuque, Iowa and Pier Pressure Marine IA, Inc. 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 20t" day of October, 2025. Attest: rlok �,� &" Adrienne N. Breitfelder, City Clerk Brad M. Cavapagh,- a" 6- r