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Kephart Building - Amendment to Real Estate ContractTHE CITY OF DUB E Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager Dubuque AlaAmerlcaCAy :' ~: s ~; ~~ :~ 1"r,', y ~ 2007 SUBJECT: Amendment to Real Estate Contract Between the Dubuque Community School District and the City of Dubuque, Iowa -Kephart Building DATE: May 13, 2008 City Attorney Barry Lindahl is recommending approval of a request from the Dubuque Community School District that the City name the Dubuque Community School District as an additional insured on our ICAP insurance policy. I concur with the recommendation and respectfully request Mayor and City Council approval. ~ u l Mich el C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager THE CITY OF DUB E Masterpiece on the Mississippi MEMORANDUM BARRY LINDAHL ~'~ CITY ATTORNEY To: Michael C. Van Milligen City Manager DATE: May 12, 2008 RE: Amendment to Real Estate Contract Between the Dubuque Community School District and the City of Dubuque, Iowa -Kephart Building The Dubuque Community School District has requested that we name the Dubuque Community School District as an additional insured on our ICAP policy. Enclosed is an amendment to the Real Estate Contract. I would request that the amendment be submitted to the City Council for its consideration and approval. BAL:tIs Enclosure cc: Ken TeKippe, Finance Director Allan Carew, Esq. OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944 TELEPHONE (563) 583-4113 / FAx (563) 583-1040 / EMAIL balesq@cityofdubuque.org FIRST AMENDMENT TO REAL ESTATE CONTRACT BETWEEN THE DUBUQUE COMMUNITY SCHOOL DISTRICT AND THE CITY OF DUBUQUE, IOWA This First Amendment to Real Estate Contract between the Dubuque Community School District and the City of Dubuque, Iowa, is dated for reference purposes the 19th day of May , 2008. Whereas, the parties entered into a Real Estate Contract dated the 24t" day of March, 2008; and Whereas, the parties now desire to amend the Rea( Estate Contract as provided herein. NOW THEREFORE, the parties agree as follows: Paragraph 5, Insurance, is amended by adding the following thereto: During the term of this contract, City shall name Dubuque Community School District as an additional insured on its liability insurance policy with the Iowa Communities Assurance Pool or any successor insurer. CITY OF BUQUE, DUBUQUE, IOWA B ~, Y oy . Buol, Mayor Attest: By: Kevi S. Firnst hl, Assistant i y Clerk DUBUQUE COMMUNITY SCHOOL DISTRICT By: By: Larry D. Loeppke, President Board of Directors Joni S. Lucas, Secretary Board of Directors STATE OF IOWA ) ss: COUNTY OF DUBUQUE ) This instrument was acknowledged before me on this day of , 2008 by Larry D. Loeppke as President of the Board of Directors of Dubuque Community School District. Joni S. Lucas, Notary Public STATE OF IOWA ) ss: COUNTY OF DUBUQUE ) This instrument was acknowledged before me on this day of , 2008 by Joni S. Lucas as Secretary to the Board of Directors of Dubuque Community School District. Ronald H. Holm, Notary Public 2 STATE OF IOWA ) ss: COUNTY OF DUBUQUE ) On this l9tnday of May , 2008, before me a Notary Public in and for said County, personally appeared Roy D. Buol and Kevin S. Firnstahl to me personally known, who being duly sworn, did say that they are the Mayor and Assistant City Clerk, respectively of the City of Dubuque, Iowa, a Municipal Corporation, created and existing under the laws of the State of lowa, and that the seal affixed to the foregoing instrument is the seal of said Municipal Corporation, and that said instrument was signed and sealed on behalf of said Municipal Corporation by authority and resolution of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said Municipal Corporation by it voluntarily executed. ---~ Public, State of Iowa 1~~~"~. SUSAN M. WINTER i ~ COMMISSION N0.183274 MY COMMISSION EXP/I~ES °"' 2/14/11 3