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Dubuque Children's Zoo Lease Agreement Copyrighted April 20, 2026 City of Dubuque PUBLIC HEARINGS # 3. City Council ITEM TITLE: Dubuque Children's Zoo Lease Agreement SUMMARY: Proof of Publication on notice of public hearing to consider adopting the attached resolution approving a Lease Agreement between the City of Dubuque, lowa and the Dubuque Children's Zoo Boosters, Inc. and City Manager recommending approval. RESOLUTION Approving a Lease Agreement by and between the City of Dubuque and Dubuque Children's Zoo Boosters, Inc. for Real Property Located in the City of Dubuque, lowa SUGGUESTED Receive and File; Adopt Resolution(s) DISPOSITION: ATTACHMENTS: 1. MVM Memo Public Hearing and Approval of a Lease Agreement By and Between the City of Dubuque, lowa and the Dubuque Children's Zoo Boosters, Inc 2. Staff Memo Dubuque Children's Zoo Boosters, Inc. Lease Agreement Memo 4- 2026 3. Approving Lease Resolution- Dubuque Children's Zoo Boosters Inc 4. DubuqueChildrensZooBoostersLease signed Page 476 of 901 Dubuque THE CITY OF � uhA�eMa cin DuB E ; . � , I � � I. Maste iece on the Mississi t 2oo�•zoiz•zois �P Pp zoi�*zoi9 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Public Hearing and Approval of a Lease Agreement By and Between the City of Dubuque, lowa and the Dubuque Children's Zoo Boosters, Inc. DATE: April 14, 2026 Parks and Recreation Director Matthew Kalcevich is recommending City Council adopt the attached resolution approving a Lease Agreement between the City of Dubuque, lowa and the Dubuque Children's Zoo Boosters, Inc. The Parks and Recreation Commission reviewed the proposed lease agreement and unanimously approved at their March 10, 2026, meeting. I concur with the recommendation and respectfully request Mayor and City Council approval. v Mic ael C. Van Milligen MCVM:sv Attachment cc: Crenna Brumwell, City Attorney Cori Burbach, Assistant City Manager Matthew Kalcevich, Parks and Recreation Director Steve Fehsal, Park Division Manager Page 477 of 901 Dubuque THE CITY OF � All•Meriea Gry DuB E ,r���.n� �,�:.,: ; � � � � � Maste iece on the Mississi i zoo�.zolz`2013 rP pP 2017*2019 TO: Michael C. Van Milligen, City Manager FROM: Matthew K. Kalcevich, Parks and Recreation Director SUBJECT: Public Hearing and Approval of a Lease Agreement By and Between the City of Dubuque, lowa and the Dubuque Children's Zoo Boosters, Inc. DATE: April 14, 2026 INTRODUCTION The purpose of this memo is to request the City Council to adopt the attached resolution approving a Lease Agreement between the City of Dubuque, lowa and the Dubuque Children's Zoo Boosters, Inc. BACKGROUND The City's current lease agreement with Dubuque Children's Zoo Boosters, Inc. is in full effect and expires on April 30, 2026. DISCUSSION The Dubuque Children's Zoo Boosters, Inc. leases approximately 10 acres of FDR Park on North Cascade Road to operate the Storybook Hill Children's Zoo. This area has been leased to the Zoo Boosters for many years. The Zoo has become one of the treasures of the community. The current lease agreement executed in 2019 is a (1) one-year lease with five (5) one- year renewal terms and will expire on April 30, 2026. The proposed lease is a (1) one- year lease with five (5) one-year renewal terms and would expire on April 30, 2032, if annually renewed. The proposed lease agreement was reviewed, updated, and approved by the City's Legal Department. The proposed lease agreement has also been reviewed, approved, and signed by the Dubuque Children's Zoo Boosters, Inc. The Parks and Recreation Commission reviewed the proposed lease agreement and unanimously approved at their March 10, 2026, meeting. 1 Page 478 of 901 ACTION REQUESTED I respectfully request the City Council adopt the attached resolution approving a Lease Agreement between the City of Dubuque, lowa and the Dubuque Children's Zoo Boosters, Inc. Prepared by Steve Fehsal, Park Division Manager 2 Page 479 of 901 Prepared: Matt Kalcevich, Parks and Recreation Director, 2200 Bunker Hill Rd., Dubuque, IA 52001, (563) 589-4263 Return to Adrienne N. Breitfelder, City Clerk, 50 W. 13'' St., Dubuque, IA 52001, (563) 589-4100 RESOLUTION NO. 137-26 APPROVING A LEASE AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE AND DUBUQUE CHILDREN'S ZOO BOOSTERS, INC. FOR REAL PROPERTY LOCATED IN THE CITY OF DUBUQUE, IOWA WHEREAS, the City of Dubuque, Iowa (City) has tentatively entered into a Lease Agreement with Dubuque Children's Zoo Boosters, Inc. subject to City Council approval, under which Dubuque Children's Zoo Boosters, Inc. will lease the following -described real property on 14000 N Cascade Road in Dubuque County, Iowa (the Property): Franklin Delano Roosevelt Park: Lot 1 of the west half of the northeast one -quarter of Section 4, Township 88 North, Range 2 East of fifth principal meridian in Dubuque County, Iowa and Mineral Lots 272 and 273, Lot 1 of Mineral Lot 271, Lot 1 of Mineral Lot 274, and Lot 1 of Mineral Lot 276 in Dubuque Township, Dubuque County, Iowa; and WHEREAS, Dubuque Children's Zoo Boosters, Inc. desires to lease the property for a term of one-year with five (5) renewable one-year terms during the lease period and continue to operate the remote controlled model airplane complex; and WHEREAS, pursuant to a published notice, a public hearing was held on the proposed Lease Agreement on April 20, 2026; and WHEREAS, the City Council finds that it is in the best interest of the City of Dubuque to approve the Lease Agreement, subject to the required public hearing. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: Section 1. The Lease Agreement attached hereto is hereby approved. Section 2. The Mayor is hereby authorized and directed to sign the Lease Agreement on behalf of the City of Dubuque. Passed, approved and adopted this 20th day of April 2026. Attest: Trish L. Gleason, Assistant City Clerk Brad M. Cfav :- , Mayor LEASE AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND DUBUQUE CHILDREN'S ZOO BOOSTERS, INC. THIS LEASE AGREEMENT, dated for reference purposes the 22nd day of April , 2026, is made and entered into by and between the City of Dubuque, Iowa (the "City"), whose address for the purpose of this Lease Agreement is 2200 Bunker Hill Road, Dubuque, Iowa, and Dubuque Children's Zoo Boosters, Inc. (Zoo Boosters), whose address for the purpose of this Lease Agreement is 1610 Lori Ct., Dubuque, Iowa. WHEREAS, City is the owner of a public facility known, called, and named Franklin D. Roosevelt Park (the "Park"); and WHEREAS, Zoo Boosters desires to lease a section of the Park shown on Exhibit A (the "Leased Premises") from City to operate a children's zoo (the "Zoo"); and WHEREAS, it is deemed to be in the best interest of both parties to this Lease Agreement and to the public in general that Zoo Boosters lease the Leased Premises. NOW, THEREFORE, the parties hereto mutually agree as follows: SECTION 1. TERM OF LEASE AGREEMENT. This Lease Agreement is for a term of one (1) year commencing May 1, 2026, and terminating at midnight on April 30, 2027. This Lease Agreement shall automatically renew upon expiration from year-to-year, for a total of five (5) one-year renewal terms, upon the same terms and conditions, unless either party gives due and timely written notice of its desire to terminate this Lease Agreement pursuant to Section 13.2 of this Lease Agreement. SECTION 2. RENT. The annual rental of one dollar ($1.00) must be paid to City by Zoo Boosters on or before the 1st day of May, 2026, and on or before May 1 of each renewal term. SECTION 3. USE OF THE LEASED PREMISES. Zoo Boosters agree that during the term of the Lease Agreement, the Leased Premises will be used exclusively for zoo purposes. Animals displayed at the Leased Premises are limited to domestic/farm type animals. No animals may remain at the Leased Premises between October 1st and May 1st of each year of this Lease Agreement. Zoo Boosters may not allow the Leased Premises to be used by any other individuals, groups, organizations, or agencies without the prior written permission from City's Parks and Recreation Director. SECTION 4. GROUNDS AND BUILDING MAINTENANCE. 4.1 Zoo Boosters is responsible for parking lot maintenance, well maintenance, and repair, septic system maintenance and repair, and playground and picnic area 01202026aiw development and maintenance at the Leased Premises and removal of trash from the Leased Premises. City will not provide trash pickup. 4.2 Zoo Boosters is responsible for all grounds maintenance and improvements, including but not limited to grass cutting, walkway, tree, flowerbed, and general grounds maintenance at the Leased Premises. Zoo Boosters must install, repair, and maintain fencing sufficient to prevent livestock from entering or exiting the Leased Premises. 4.3 Zoo Boosters is responsible for all building maintenance and improvements, including but not limited to interior and exterior building repair and painting, heating system maintenance, plumbing, electric, roof repair and maintenance, and pest control at the Leased Premises. 4.4 Any improvements made by Zoo Boosters must remain on the Leased Premises upon termination of this Lease Agreement, and will then become the property of City. Any proposed material improvements or modifications to the Leased Premises must be submitted In writing to the Parks and Recreation Director for approval, which approval may not be unreasonably withheld. 4.5 All improvements made by Zoo Boosters must be built, erected and maintained in strict conformity with all applicable federal, state, and municipal statutes and ordinances, and rules and regulations of the City of Dubuque Park and Recreation Commission. SECTION 5. UTILITIES AND REFUSE. Zoo Boosters must pay the costs of all utilities serving the Leased Premises and must keep the Leased Premises free of litter and trash at all times. SECTION 6. STAFFING. Zoo Boosters must provide competent and qualified staff under appropriate supervision to plan and implement its activities and to care for the Zoo. SECTION 7. MANAGEMENT AND CONTROL. Zoo Boosters has the sole management authority and control of the Leased Premises. SECTION 8. MONIES AND CONTRIBUTIONS. Zoo Boosters must use all monies and contributions derived from the use of the Leased Premises to operate, maintain, and improve the Zoo. SECTION 9. CARE AND DISPLAY OF ANIMALS. 9.1 Zoo Boosters agree to comply with all federal, state, and local laws for the care of animals displayed at the Zoo. All federal, state, and local licenses or permits for the confinement and exhibition of animals must be obtained by Zoo Boosters and copies thereof must be furnished to City. 9.2 All animals must be displayed in a cage or pen in such a manner as to prevent human contact. The cage or pen must be fenced in such a manner to prevent humans from reaching into the cage or pen. The petting of animals by visitors to the Zoo must be 2 strictly prohibited, except for the petting of goats and horses, which may be displayed in such a way to allow petting. Any animal found dead must be removed by Zoo Boosters from the Leased Premises immediately. SECTION 10. INSURANCE. Zoo Boosters must maintain at all times during the term of this Lease Agreement insurance as set forth in the attached Insurance Schedule A. SECTION 11. INDEMNITY. Zoo Boosters agrees to indemnify and hold harmless City, its officers, and employees, from any and all damages or claims whatsoever, to persons or property, arising out of this Lease Agreement or by reason of Zoo Boosters' use or misuse of the Leased Premises. SECTION 12. ASSIGNABILITY. Zoo Boosters may not assign or transfer any interest in this Lease Agreement without the prior written approval of City. Such prohibition includes contracts with third parties for the custody, management, or operation of the Leased Premises or any part thereof. SECTION 13. TERMINATION. 13.1 In the event either party fails to keep, perform, or observe in a timely and proper manner any of its covenants or obligations under this Lease Agreement and any such violation is not cured or remedied within thirty (30) days after the date the party receives written notice from the other party of such failure or violation, or, if it is not practicable to cure or remedy such failure or violation within such thirty -day period, within such longer period as is reasonable under the circumstances, and as is specified in such notice, then, in such event, the other party may, at its option, terminate this Lease Agreement by written notice to the other. Upon termination, City has the right to enter the Leased Premises and assume exclusive use and control thereof. 13.2 This Lease Agreement may also be terminated by either party for any reason with or without cause upon sixty (60) days written notice delivered to the other party. 13.3 Upon termination of this Lease Agreement for any cause whatsoever, Zoo Boosters, at the option of City, agrees to surrender possession of the Leased Premises in its condition as when first leased or to restore the leased premises to substantially the same condition, ordinary wear and tear excepted. SECTION 14. INSPECTIONS. City reserves the right to conduct periodic inspections of the Leased Premises for the purpose of determining whether the terms and conditions of this Lease Agreement are being promptly and faithfully performed by Zoo Boosters. 3 CITY OF DUBUQUE, IOWA DUBUQUE CHILDREN'S ZOO BOOSTERS, INC. By: /72rh* vw,, � �By: Miel C. Van Milligen City Manager ATTEST: Markham, President Adrienne N. Breitfelder, City Clerk Trish L. Gleason, Assistant City Clerk 4 EXHIBIT A THE LEASED PREMISES .'r.�*�� � � .+. .��� `�.,-{s--r.� � '� .-r •-rr�t��.f � � � 1 ��'''`.•'a !� , � .�,'� ' 4� ';�. 't � •�� � "`� "� ��`�,�:, r�►l �`" ' '� �'�'� � `' r� ,1,. - , ,, ; - , ,. , . � 0 ' 0 D 00 0 � , e v ' ' � e , . _ . � 'r �t, '. z.��" •{.; t. ' ' �� ►�, .,�i Y.� �' ;�, �, • . . A .:...: _ , ..y ��i ;�, , '''. r, . ',- . - ' •' •'. _.�, � � , _ . .. ,� _ .�:�.�.a h ^ �' V` �i��lf ' � �, � r°� - �� { � .. r r 1. � '4 � _ . 1 �._ ' , ► `�� ) � , tti� � • .�'. ,�"� � �i ''1 �r� �' , �} ,��;ti%C ,�j �. `.;' !. . �.; � r •�l .�i „� � . . , .W:�•� ��'' � , �� ; .� � - �� � � ��a.. �'r -a,'h� � j- ! t.' � �t sw� ;� ,2�. �• `� f � � �!. ,;�; � • _: , �� � , � �,� � ;,�'• � i�� � N, � ,_•s - � . �1 "a'' i __ �k. � "'',� � � � � ,,;►, . ' •. � �, +�'�+�`,' � � '!r _ .. � .'�� �� �� � , St'..a, • ' ♦ � ' � .. . f4 � ' t 1 ' - �` h ��� l� ' I ��'v�'� i . � , ,��1 ^. „��� 1 � • "� �;!t^ � .��ii�i • � � � L�� •'• t ", . a��y �i �� _ _��y` ��I� ��Z 1 1JF _ _ _.__ . __ t. '�� '+��Y w`I� � , , .'�'� � � �� -"��. .:x� �ti �� .�,�,. �-:_ �•� � 4. �/. �=Y^' �. . . � � _' •�µ c �• r,'. i� _, *.. i � �' �, ;,':� • - �-'_ �l � r'��� _ A " 1 � J �3, r ��_,�� �_ i: .. .. � . t ��� � . r•\, ' Y';, __-_ �Z �i;,.,•_l -- * "'°� � , . �/ �. _. `' ;� l ' , ` � � � � � ,.�� ,. :� ��. � �. 1 _� DuBUE� iF 'ill�' ��� 0.02� u u�, a. i a i�, 0.2 ,�,, ,,,, ,,,,,,�., ,,, • hliles 5 Page 485 of 901 City of Dubuque Insurance Requirements for Lessees of City Property and Right of Way Licensees or Permittees INSURANCE SCHEDULE A 1. Lessee shall furnish a signed certificate of insurance to the C�ty of Dubuque, lowa for the coverage required in Exhibit I pnor to the lease, lioense, or peRnd commencement. All lessees of City property and right of way I�censees or permittees shall submit an updated aertificate annualfy. Each certificate shall be prepared on the moat current ACORD form approved by the lowa Insurance Division or an equivalent. Each certficate shall include a statement unde{ Descnption of Operations as to why the ceroficate�vas issued. Lease Agreement dated 2. All pol�cies of i�surance reGuired hereunder shall be with an insurer authonzed to do business in lowa and all insurers shall have a rating of A or better in the current A.M. Besfs Ra6ng Guide. 3. Each certificate shall be fumi�hed to the Finance Deparlrnent of the Ciry of Dubuque. 4. The lessee, licensee,or permittee shall be required to carry the minimum ooverageJlimits,or greatef 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 r�equirements by the City of Dubuque_ S. Failure to obtain or mairrtain the r�equir�ed insurance shall be considered a material br�each of the lea�e, license,or permit 6. All required endorsements shall be attached to the certificate_The certificate is due before the contract/agreement can be approved. 7. Whenever a specific ISO form is referenced the current edfion of tt�e fomn must be used unless an equivalent form is approved by the Chief Financial Officer.The lessee, licensee,or permittee must identiry and list in writing all deviations and exdusions irom the ISO form. 8. If lessees, licensees,or permittee limits of liability are higher than the required minimum limits then the lessee's, lioer�see's,or permittee's limits shall be this ag�r�eemenYs required limits_ 9. Lessee, licensee,or permittee shall require all subcontractors and suboontractors to obtain and maintain during the performance of work insurance for the coverages described in this Insurance Schedule and shall obtain oertificates 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-suboontractor to obtain and mairrtain such coverage.The City may request a copy of such oertificates from the lessee, licensee,or permittee. 10. Lessee, license 8,pem►ittees shall be responsible for dedudibles and se#f-insured retention and for payment of all policy premiums and other oosts associated with the insurance poliaes required below_ 11. All certificates of insurance must indude the agenYs name, phone number and email address. 12. The City of Dubuque reserves the nght to require complete, oerrtified oopies of all required insurance policies, including endorsements, r�equired by this Schedule at any time_ 13. The City of Dubuque reserves the nght to modify these requirements, including limits, based on changes in risk or other speaal circumstances dunng the term of the agreement, subject to the written mutual agreement attached hereto. Page 1 of 5 Schedule A Lessees of Cio�Pro�e�Ty Right of Way Licensee5 or Permittees July 2025 � Page 486 of 901 City of Dubuque Insurance Requirements for Lessees of City Property and Right of Way Licensees or Permittees INSURANCE SCHEDULE A (Continued) EXHIBIT I A) COMMERCIAL GENERAL UABILITY General Aggregate Limit $2.000.000 Products-Completed Operations Aggregate Limit $1.000.000 Personal and Advertising Injury Limit $1,000,000 Each OccuRence $1,000,000 Fire Damage Limit{any one occurrence) $50,000 Medical Payments �5,000 1) Co�erage shatl be written on an occurrence,not claims made,form_The general liability coverage shall be written in aocord with the ISO form CG 00 01 or business owners form BP 00 02_ All deviations from the standard ISO commeraal general liab+lity form CG 0001,or Business owners form BP 00 02, shall be clearly identified_ 2) Indude ISO endorsemerrt foRn CG 25 04`Designated Locadon(s)General Aggregate Limit.' 3) Indude endorsement indicating that ooverage is primary and non-contributory. 4) Indude Preservation of Govemmental Immunities Endorsemerrt(Sample attact�ed 1- 5) Indude additional insured endorsement for The City of Dubuque, including all its elected and appointed officiads,all its err�toyees and volunteers, all its boards, commissions andlor authorities and the+r baard members, employees and volunteers_ Use ISO form CG 20 10 (Oix��oing operations)or its equivalent. 6) Policy shall include Waiver of Right to Recover from Others Endorsement_ 7) Policy shall include cancellation and material change endorsement providing thirty(30)days advance written notice of cancellation. non-renewal, reductio�in insurance ooverage arxir'or limits and ten i10)days written notice of non-payment of premium shall be sent to:City of Dubuque Finance Departrnent, 50 West 13�^ Street Dubuque, lowa 52001 B� WORKERS' COMPENSATION 8 EMPLOYERS LIABILITY Statutory Benefits covering all employees injured on the job by accident or disease as prescribed by lowa Code Chapter 85. Coverage A Statutory�tate of lowa Coverage B Empbyers Liability Each Aocident $100,000 Each Employee-Disease $100,000 Policy Limit-0isease $500,000 Policy shall include Waiver of Right to Recover from Others endorsement. Coverage B limits shatl be greater if required by the umbrellalexcess insurer_ OR ff, by lowa Code Section 85.1A,the lessee, licensee, or permrttee is not required to purchase Workers'Compensation Insurance,the lessee, licensee,or permittee shall have a oopy of the State's Nonelection of Workers'Compensation or Employers' Liability Page 2 of 5 Schedule A Lessees of Ciry ProQerty. Right of Way Licertsees a Permittees July 2025 7 Page 487 of 901 City of Dubuque Insurance Requirements for Lessees of City Property and Right of Way Licensees or Permittees Coverage form on file with the lowa Workers'Compensation Irtsurance Commissioner,as required by Iowa Code Section 8722.Completed form must be attached. C) AUTOMOBILE UABILITY Coverage required: _Yes � No Combined Single Limit 51,000,000 Coverage shall include all awned,non-owned,and hired vehicles. If permittees do not own any vehicles,coverage is required on non-oHmed and hired veh�cfes. 1) Policy shall include Waiver of Right to Recover from Others endorsemerrt_ D) POLLUTION LIABILITY Coverage required: _Yes �No Pollution liabilit�r coverage shall be required if the lessee,contracting party,or permittee has any pollution exposure for the abatement of hazardous or contaminated matenals including, but not limited to,petroleum products,the removal af lead,asbestoa,or PCBs. Pollution products and oompleted operations coverage shall also be covered. Each occurrence $2,000.000 Policy Aggregate $4.000.000 1) Policy to include job site and transportation coverage. 2) Indude additional insured for: The City of Dubuque,including all its elected and appointed officials,all its employees and voluMeers,all its boards, commissions and�or authorrties and their baard members,employees and volunteers. Use ISO form CG 2010. (Ongoing operations)or its equivalent and CG2037(completed operatans)or its equivalent. 3) Indude Preservation of Govemmental Immunides Endorsement_ 4) Provide evidence of ooverage for S years after completion of project. Sl Indude endorsement indicating that ooverage is pnmary and non�onVibutory. 61 Pol icy shall include waiver of right to recovery nom others endorsement_ E) PROPERTY INSURANCE REQUIRED BY LEASE, LICENSE,OR PERMIT _Yes �No Amount $ Indude the Ciry of Dubuque as Lender Loss Payable_ � RIGHT-0E-WAY WORK ONLY: UMBRELLA/EXCESS $1,000,000 _Yes � No The General Liability,Automobile Liability and EmpbyePs Liability insurance requirements may be satisfied arith a combination of primary and Umbrella or Excess Liab+lity Insurance. If the Umbrella or E�ccess Insurance policy does not follow the form of Page 3 of 5 Schedule A Lessees of Ciry Property.Right of Way Licensees or Petmittees July 2025 g Page 488 of 901 City of Dubuque Insurance Requirements for Lessees of City Property and Right of Way Licensees or Permittees the primary poliaes, it shall include the same endorsements as required of the primary policies including but nat limited to Waiver of Subrogation AND Primary and Non- contributory in favor of the City. G) FLOOD INSURANCE _Yes �No ff Required Coverage $ Page 4 of 5 Schedule A Lessees of Ciry Property Right of tibay Licertsees or Pertnittees July 2025 9 Page 489 of 901 City of Dubuque Insurance Requirements for Lessees of City Property and Right of Way Licensees or Permittees lowa Code Chapter 670, L►ability of Govemmental Subdivisions, provides cities with certain immuni�es which may be available to you. Naming the Ciry of Dubuque as an additional insured on your insurance as is requested by this Insurance Schedule may resuft in your waiver of those immunities_ ff you would liice to preserve those immunities, please use this endorsement or an equivalent form.The preservation of immunities is for your benefrt. PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT 1. PJomvaiver of Governmental Immunrtv. The insurer expressly agrees and states that the purchase of this policy and the induding of the City of Dubuque, Irnva as an Add�tional Insured does not wa�ve any of the defenses of go�emmental immunity available to the City of Dubuque, lawa under Code of lawa Section 670.4 as it now exists and as it may be amended from time to time. 2. Claims Coveraae.The insurer further agrees that this pdicy of insurance shall cover on�y those daims not subject to the defense of govemmental immunity under the Code of lowa Sedion 670_4 as it now exists and as it may be amended from time to time_Those claims not subjed to Code of lowa Section 670.4 shall be covered by the terms and conditions of this insurance policy. 3. Assertion of Government Immunitv.The Crty of Dubuque, lawa shall be respons�ble for asserting any defense of govemmental immunity and may do so at any time and shall do so upon the timely written request of the insurer. 4. Non-Denial of Coveraoe_The insurer shall not deny coverage under this pdicy and the insurer shall not deny any of the rights and benefits accruing to the City of Dubuque, lawa under this policy for reasons of govemmental immuniry unless and until a oourt oi oompeterrt jurisdicGon has ruled in favor of the defense(s)of govemmental immunity asserted by fhe City of Dubuque, Iowa_ No Other Chance in Pdicv.The abo�e preservation of govemmental irtm�x�i�es shall not othemise change or alter the ooverage available under the policy. PE IMEN (DEPARTMENT MANAGER: FILL IN ALL BLANKS AND CHECK BOXES) Page 5 of 5 Schedule A Lessees of Ciry Property Right of YJay Licertsees or Pertnittees July 2025 1� Page 490 of 901 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: 04/10/2026 and for which the charge is 84.68 a .if/ f ,c143.c r Subscribed to be ore me, a Notary Public in and for Dubuque County, Iowa, this loth day of April, 2026 Notary Public i'i and for Dubuque Count Iowa. JANET K. PAPE r Commission Number 199659 My Commission Expires 12/11/2028 Ad text : CITY OF DUBUQUE, IOWA OFFICIAL NOTICE PUBLIC NOTICE is hereby given that the City Council of the City of Dubuque, Iowa, will hold a public hearing on the 20th day of April, 2026 at 6:30 p.m. in the Historic Federal Building, 350 West 6th Street, second floor, Dubuque, Iowa, at which meeting the City Council proposes to approve a Lease Agreement between the City of Dubuque, Iowa and the Dubuque Children's Zoo Boosters, Inc. 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 6th day of April, 2026. Adrienne N. Breitfelder, CMC, City Clerk RESOLUTION NO. 116-26 SETTING A PUBLIC HEARING TO CONSIDER THE LEASE AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE AND DUBUQUE CHILDREN'S ZOO BOOSTERS, INC. FOR REAL PROPERTY LOCATED IN THE CITY OF DUBUQUE, IOWA WHEREAS, the City of Dubuque, Iowa (City) has tentatively entered into a Lease Agreement with Dubuque Children's Zoo Boosters, Inc. subject to City Council approval, under which Dubuque Childrens Zoo Boosters, Inc. will lease the following -described real property on 14000 N Cascade Road in Dubuque County, Iowa (the Property): Franklin Delano Roosevelt Park: Lot 1 of the west half of the northeast one -quarter of Section 4, Township 88 North, Range 2 East of fifth principal meridian in Dubuque County, Iowa and Mineral Lots 272 and 273, Lot 1 of Mineral Lot 271, Lot 1 of Mineral Lot 274, and Lot 1 of Mineral Lot 276 in Dubuque Township, Dubuque County, Iowa; and WHEREAS, Dubuque Children's Zoo Boosters, Inc. desires to lease the property for a term of one-year with five (5) renewable one-year terms during the lease period and continue to operate the childrens zoo; and WHEREAS, it is deemed to be in the best interest of both parties and to the public in general that the Dubuque Children's Zoo Boosters, Inc. lease and operate the childrens zoo; and WHEREAS, the City Council finds that it is in the best interest of the City of Dubuque to approve the Lease Agreement, subject to the required public hearing. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: Section 1. The City Clerk is hereby authorized and directed to cause this Resolution and a Notice to be published as prescribed by Iowa Code Section 364.7 of a public hearing on the City Councils intent to approve the proposed Lease Agreement, to be held on the 20th day of April, 2026 at 6:30 p.m., to be held at 350 West 6th Street, for the purpose of receiving public input and comment regarding the proposed Lease Agreement between the City of Dubuque and Dubuque Childrens Zoo Boosters, 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 Lease Agreement by and between the City of Dubuque, Iowa and Dubuque Children's Zoo Boosters, 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 6th day of April, 2026. /s/Brad M. Cavanagh, Mayor Attest: Vs/Adrienne N. Breitfelder, City Clerk It 4/10