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Public Hearing to approve the First Amendment of the Amended and Restated Lease Agreement between the City of Dubuque and Bunge USA Grain, LLCCity of Dubuque City Council PUBLIC HEARINGS # 2. Copyrighted February 2, 2026 ITEM TITLE: Public Hearing to approve the First Amendment of the Amended and Restated Lease Agreement between the City of Dubuque and Bunge USA Grain, LLC SUMMARY: Proof of publication on notice of public hearing to consider City Council approve the First Amendment to the Amended and Restated Lease Agreement between the City of Dubuque and Bunge USA Grain, LLC (f/k/a Viterra Grain, LLC), and City Manager recommending approval. RESOLUTION Approving The First Amendment To The Amended And Restated Lease Agreement By And Between The City Of Dubuque And Bunge USA Grain, LLC For Real Property In The City Of Dubuque, Iowa SUGGUESTED Receive and File; Adopt Resolution(s) DISPOSITION: ATTACHMENTS: 1. MVM Memo Public Hearing First Amendment to the Amended and Restated Lease Agreement between the City of Dubuque and BUNGE USA Grain, LLC 2. Bunge (Viterra) Staff Memo for Holding a Public Hearing 3. First Amendment to Amended and Restated Lease Agreement with Exhibits - 1.14.2026 4. Bunge (Viterra) First Amendment to the Amended and Restated Lease PH Resolution Page 412 of 865 Dubuque THE CITY OF uFA�a9a av DuBE 13 Masterpiece on the Mississippi zoo�•*o rP PP 2017202019 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Public Hearing to approve the First Amendment to the Amended and Restated Lease Agreement between the City of Dubuque and BUNGE USA Grain, LLC DATE: January 22, 2026 City Engineer Gus Psihoyos is recommending City Council to approve the First Amendment to the Amended and Restated Lease Agreement between the City of Dubuque and Bunge USA Grain, LLC (f/k/a Viterra Grain, LLC). In reviewing the Amended and Restated Lease Agreement that was approved on May 5, 2025, it was noticed that the Amended and Restated Lease Agreement did not include the exhibits that were in the original Lease Agreement. This First Amendment is to include those exhibits in the Amended and Restated Lease Agreement. I concur with the recommendation and respectfully request Mayor and City Council approval. Y Mic ael C. Van Milligen ►VA140►TAWA Attachment cc: Crenna Brumwell, City Attorney Cori Burbach, Assistant City Manager Gus Psihoyos, City Engineer Jim Bousley, Project Manager Barry Lindahl, Senior Counsel Tracy Schadle, Administrative Support Professional Page 413 of 865 THE C DUj!BQTE Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer DATE: February 2, 2026 Dubuque AIFAMIM 914 2007-2012.2013 2017*2019 RE: Public Hearing to approve the First Amendment to the Amended and Restated Lease Agreement between the City of Dubuque and BUNGE USA Grain, LLC 1►kIZ191BigI"IICki This memorandum requests the City Council conduct a public hearing to approve the First Amendment to the Amended and Restated Lease Agreement between the City of Dubuque and Bunge USA Grain, LLC (f/k/a Viterra Grain, LLC). BACKGROUND On May 5, 2025, the City of Dubuque and Bunge USA Grain, LLC (f/k/a Viterra Grain, LLC) accepted and approved an Amended and Restated Lease Agreement for the property located on Commercial Street (aka East Seventh Street) in the City of Dubuque. DISCUSSION In reviewing the Amended and Restated Lease Agreement that was approved on May 5, 2025, it was noticed that the Amended and Restated Lease Agreement did not include the exhibits that were in the original Lease Agreement. This First Amendment is to include those exhibits in the Amended and Restated Lease Agreement. BUDGETIMPACT There is no budget impact for this First Amendment to the Amended and Restated Lease Agreement RECOMMENDATION I respectfully request the City Council conduct a public hearing to approve the First Amendment to the Amended and Restated Lease Agreement between the City of Dubuque and BUNGE USA Grain, LLC. Enclosed Cc: Jim Bousley, Project Manager Barry Lindahl, Senior Council Tracy Schadle, Admin. Support Professional Page 414 of 865 FIRST AMENDMENT TO THE AMENDED AND RESTATED LEASE AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE, IOWA AND BUNGE USA GRAIN, LLC COMMERCIAL STREET (aka EAST SEVENETH STREET) LEASE This First Amendment to the Amended and Restated Lease Agreement, dated for reference purposes the 13th day of January, 2026, is made and entered into by and between Bunge USA Grain, LLC (f/k/a Viterra Grain, LLC), a Delaware limited liability company ("Lessee"), and the City of Dubuque, Iowa, an Iowa municipal corporation ("Lessor"). WHEREAS, Lessor and Lessee are parties to that certain Amended and Restated Lease Agreement, dated May 5, 2025; and WHEREAS, the Parties desire to amend the Amended and Restated Lease Agreement as set forth herein. NOW, THEREFORE, IT IS AGREED BY AND BETEEN THE PARTIES AS FOLLOWS: Section 1. The Amended and Restated Lease Agreement is amended by adding the attached List of Exhibits. Section 2. The Amended and Restated Lease Agreement is amended by adding the following attached Exhibits: Exhibit A Demised Premises through Premises Reduction Date Exhibit A-1 Demised Premises beginning Premises Reduction Date Exhibit B Lessee's New Improvements Exhibit C Commercial Street (aka East 71h Street) Landscaping Exhibit D Existing Storm Sewer —Proposed 71h Street Alignment Exhibit E Rail Improvements Insurance Schedule A Section 3. All other terms and conditions of the Amended and Restated Lease Agreement shall remain in full force and effect. Page 415 of 865 Docusign Envelope ID: B9EBAA98-030E-45C1-81 E8-DF5FC9F2C763 BUNGE USA GRAIN, LLC Signed by: By. Qa IA" M*� Name: Aaron McHargue Title: Director of Origination CITY OF DUBUQUE, IOWA By: / Name: hroj colyWICZI Title: rrfo,y�-'r LIST OF EXHIBITS EXHIBIT A Demised Premises through Premises Reduction Date EXHIBIT A-1 Demised Premises beginning Premises Reduction Date EXHIBIT B Lessee's New Improvements EXHIBIT C Commercial Street (aka East 7t" Street) Landscaping EXHIBIT D Existing Storm Sewer— Proposed 7th Street Alignment EXHIBIT E Rail Improvements INSURANCE SCHEDULE A Page 417 of 865 EXHIBIT A DEMISED PREMISES THROUGH THE PREMISES REDUCTION DATE Page 418 of 865 EXHIBIT A-1 DEMISED PREMISES BEGINNING ON THE PREMSIES REDUCTION DATE .a..w r r .r . -ti •r.r �d U—t rermmea Area _ option to Rent ""-•�" "� • •^ �� '� �' updated by TWK 2070-03 ! Page 419 of 865 EXHIBIT B LESSEE'S NEW IMPROVEMENTS Page 420 of 865 lip EXISTING OFFICE/ SHOP / ` \ -« TRANSFER LOCATION ING TRACK E REMOVED' TRA OUTBOUND RECEIVING TRUCK SCALE PIT 2 ftft Ilk ' l ''-'' 0 ENTRANCE OF GRAVEL AREA INBOUND IMF. TRUCK SC NEW NEW RAIL ROAD CROSSING LEASE LINE SHOT TOWER CLEARANCE POINTS tzm,5//mG CONCRETE BUMPER 4004 FUTURE TRACK Is EXISTING TRACK EXPANSION, TYP. TO BE REMOVED 0 NOTES: Alt 1. 10 TRUCKS OF STAGING AVAILABLE BETWEEN INBOUND lWW" SCALE AND RECEIVING PIT 1. LEGEND - 2. 11 TRUCKS OF STAGING AVAILABLE BETWEEN INBOUND SCALE AND RECEIVING PIT 2. EXISTING TRACK RAIL CAPACITIES AFTER REMOVAL FOR NEW LEASE LINE: EXISTING TRACK TO BE REMOVED - TRACK 1: 2 CARS CLEAR LENGTH MARKER - TRACK 2:3 CARS As EXISTING CONCRETE PAVEMENT SITE LAYOUT EXHIBIT /mou°`vu/rMv«/uco/nc*o/u/` /vkvmo/nu�/ EXISTING B|TUM|N[)USPAVEMENT TRACK 5�4CARS FROM DTPOINT TOEND OFTRACK THE FUTURE 7THSTREET / RAIL EXPANSION WITHOUT [)[]B(][>[1E, IA HAVING TOMOVE THE INBOUND TRUCK SCALE /PR3BE NORTH � EXISTING GRAVEL PAVEMENT SEE 2/EX22 FOR AN OVERLAY OF AN ALTERNATESCALE ROAD LAYOUT. � PROPOSED CONCRETE PAVEMENT t/"�lSITE LAYOUT OPTION 1 /�~/»» PROPOSED B|TUK4|NOUSPAVEK4ENT ~�~—�^- O 100' 200' 300' PROPOSED GRAVEL PAVEMENT PR0JECT:2207O4 12/12/2O25 Page 421of8S5 � Example Tree Line Improvements (Arborvitae Variety) (Exhibit B Continued) r- Y Page 423 of 865 Example of Proposed Sho (Exhibit B Continued) s Page 424 of 865 EXHIBIT C COMMERCIAL STREET (aka EAST 7T" STREET) LANDSCAPING Page 425 of 865 4b < < •. ` . ; w1�1 A 1y+ P. �' ►r �1 Or i2� F .) ice•; 1 Mr 'yY?.�r.:.i, , .• .ji. t- :�l. �;r" •.,Z ry� EXHIBIT D EXISTING STORM SEWER — PROPOSED 7TH STREET ALIGNMENT SHOT TOWER a •` �. .0Po3E01NNT R jj' CENTER � � •r �rwrr�w.� a Fanca .:�.��. USAGE PwwwNvd Arse r:.w �•�r_��w•r ...r t, r r.....�..r•.rr.� �.....+....«��w•....• Proposal lwa Area IV 00 Acrss 1 " •SUbjed to Surrey Venficabon W E aeaudWTWK20161, 5 Ay TWK 201941.25 Page 429 of 865 EXHIBIT E RAIL IMPROVEMENTS Railroad Spur Locations I21h 15trect [en insuIa 'Subject to Surrey Verification u.abd by TWK 2011L01-02 u[b,M.n Ayr Page 430 of 865 INSURANCE SCHEDULE A Gavilon Grain, LLC 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. Eg: Lease Agreement dated as of July 1, 2020. 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. Page 431 of 865 A) B) INSURANCE SCHEDULE A (Continued) EXHIBIT I COMMERCIAL GENERAL LIABILITY General Aggregate Limit $2,000,000 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 endorsement indicating that coverage is primary and non-contributory. 3) Include Preservation of Governmental Immunities Endorsement (Sample attached). 4) 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. 5) If lessee, licensee, or permittee utilizes Trikkes or Segways in the conduct of business, include an endorsement reflecting that these vehicles are not excluded from Commercial General Liability coverage. 6) Policy shall include Waiver of Right to Recover from Others Endorsement. 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 Nonelection of Workers' Compensation or Employers' Liability Coverage under Iowa Code sec. 87.22. Completed form must be attached. Page 432 of 865 INSURANCE SCHEDULE A (Continued) C) POLLUTION LIABILITY Coverage required: X yes _no Pollution liability coverage shall be required if the lessee, contracting party, or permittee has any pollution exposure for abatement of hazardous or contaminated materials including, but not limited to, petroleum products, the removal of lead, asbestos, or PCBs. 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 X 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 X yes _ no Umbrella/excess liability coverage must be at least following form with the underlying policies included herein. F) FLOOD INSURANCE X yes _ no Full replacement value. Page 433 of 865 PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT 1. Nonwaiver of Governmental Immunity. The insurer expressly agrees and states that the purchase of this policy and the including of the City of Dubuque, Iowa as an Additional Insured does not waive any of the defenses of governmental immunity available to the City of Dubuque, Iowa under Code of Iowa Section 670.4 as it is now exists and as it may be amended from time to time. 2. Claims Coverage. The insurer further agrees that this policy of insurance shall cover only those claims not subject to the defense of governmental immunity under the Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. Those claims not subject to Code of Iowa Section 670.4 shall be covered by the terms and conditions of this insurance policy. 3. Assertion of Government Immunity. The City of Dubuque, Iowa shall be responsible for asserting any defense of governmental immunity, and may do so at any time and shall do so upon the timely written request of the insurer. 4. Non -Denial of Coverage. The insurer shall not deny coverage under this policy and the insurer shall not deny any of the rights and benefits accruing to the City of Dubuque, Iowa under this policy for reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of the defense(s) of governmental immunity asserted by the City of Dubuque, Iowa. No Other Change in Policy. The above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy. SPECIMEN (DEPARTMENT MANAGER: FILL IN ALL BLANKS AND CHECK BOXES) Page 434 of 865 Prepared by Tracy Schadle, 50 W. 1311 St Dubuque IA 52001 (563) 690-6113 Return to Adrienne N. Breitfelder, City Clerk, 50 W. 13'h St., Dubuque, IA 52001, (563) 589-4100 RESOLUTION NO. 30-26 APPROVING THE FIRST AMENDMENT TO THE AMENDED AND RESTATED LEASE AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE AND BUNGE USA GRAIN, LLC FOR REAL PROPERTY IN THE CITY OF DUBUQUE, IOWA WHEREAS, The City of Dubuque, Iowa (City) previously entered into an Amended and Restated Lease Agreement dated May 5, 2025, with Bunge USA Grain, LLC (f/k/a Viterra Grain, LLC) (BUNGE) under which BUNGE leases the real property located on Commercial Street (aka East Seventh Street) in Dubuque County, Iowa (the Property) as shown on Exhibit A attached to the Amended and Restated Lease Agreement; and WHEREAS, BUNGE and City wish to amend the Amended and Restated Lease Agreement with the First Amendment to Amended and Restated Lease Agreement attached hereto; and WHEREAS, pursuant to published notice, a public hearing was held on the proposed the First Amendment to the Amended and Restated Lease Agreement on February 2, 2026; and WHEREAS, the City Council finds that it is in the best interest of the City to approve the First Amendment to the Amended and Restated Lease Agreement. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: Section 1. The First Amendment to the Amended and Restated Lease Agreement attached hereto is hereby approved. Section 2. The Mayor is hereby authorized and directed to sign the First Amendment to the Amended and Restated Lease Agreement on behalf of the City of Dubuque. Passed, approved and adopted this 2,d day of February, 2026. Attest: Adrienne N. Breitfelder, City Clerk ra- M. Cav , Riyor Docusign Envelope ID: B9EBAA98-030E-45C 1 -81 E8-DF5FC9F2C763 BUNGE USA GRAIN, LLC Signed by: By. aAr6n, Mu(ka� u� Name: Aaron McHargue Title: Director of Origination CITY OF DUBUQUE, IOWA By: Name: hroj CO,Va.r!c�,e,�'? Title: r�uc'(- STATE OF IOWA SS: DUBUQUE COUNTY CERTIFICATE OF PUBLICATION I, Kathy Goetzinger, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: 01/23/2026 and fors which the charge is 77.67 Subscribed to before me, a Notary 'c in and for Dubuque County, Iowa, this 26th day of January, 2026 Notary P c in and for Dubuque County, Iowa. PpIAC 0 z JANET K. PAPE 7 Commission Number 199659 My Commission Expires 12/11/2028 Ad text : CITY OF DUBUQUE, IOWA OFFICIAL NOTICE PUBLIC NOTICE is hereby given that the Dubuque City Council will conduct a public hearing on the 2nd day of February, 2026, 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 approve the First Amendment to the Amended and Restated Lease Agreement between the City of Dubuque and Bunge USA Grain, LLC (f/k/a Viterra Grain, LLC). At the meeting, the City Council will receive oral and written comments from any resident or property owner of said City to the above action. The official City Council agenda will be posted the Friday before the meeting and will contain public input options. The agenda can be accessed at https://dubuqueia.portal.civicclerk.com/ or by contacting the City Clerk's Office at 563-589-4100, ctyclerk@cityofdubuque.org. Written comments on the public hearing may be submitted to the City Clerk's Office by email at ctyclerk@cityofdubuque.org or by mail to City Hall, 50 W. 13th St., Dubuque, IA 52001, before the scheduled hearing. The City Council will review all written comments at the time of the hearing. Documents related to the public hearing are on file in the City Clerk's Office and may be viewed Monday through Friday between 8:00 a.m. and 5:00 p.m. Individuals requiring special assistance should contact the City Clerk's Office as soon as feasible. Deaf or hard -of -hearing individuals can use Relay Iowa by dialing 711 or (800) 735-2942. Published by order of the City Council given on the 20th day of January 2026. Adrienne N. Breitfelder, CMC, City Clerk RESOLUTION NO. 19-26 SETTING A PUBLIC HEARING TO CONSIDER THE FIRST AMENDMENT TO THE AMENDED AND RESTATED LEASE AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE AND BUNGE USA GRAIN, LLC FOR REAL PROPERTY IN THE CITY OF DUBUQUE, IOWA WHEREAS, The City of Dubuque, Iowa (City) previously entered into a Lease Agreement dated May 5, 2025, with Bunge USA Grain, LLC (f/k/a Viterra Grain, LLC) under which Bunge USA Grain, LLC (Bunge) leases the following -described real property located on Commercial Street (aka East Seventh Street) in Dubuque County, Iowa (the Property): as shown on Exhibit A attached to the Amended and Restated Lease Agreement WHEREAS, Bunge and City wish to amend the Amended and Restated Lease Agreement with the First Amendment to the Amended and Restated Lease Agreement attached hereto; and WHEREAS, the City Council finds that it is in the best interest of the City 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 Councils intent to approve the proposed First Amendment to the Amended and Restated Lease Agreement, to be held on the 2nd day of February, 2026 at 6:30 p.m. at 350 West 6th Street, for the purpose of receiving public input and comment regarding the proposed First Amendment to the Amended and Restated Lease Agreement between City of Dubuque and Bunge USA Grain, LLC. Section 2. The City Council will meet at said time and place for the purpose of taking action on the matter of authorizing the First Amendment to the Amended and Restated Lease Agreement by and between the City of Dubuque, Iowa and Bunge USA Grain, LLC. 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 20th day of January, 2026. /s/Brad M. Cavanagh, Mayor Attest: Vs/Adrienne N. Breitfelder, City Clerk It 1/23