Signed Contract_2017 Farm Lease with Robert Bradley for portion of FDR Park Copyrighted
June 5, 2017
City of Dubuque Consent Items # 31.
ITEM TITLE: Signed Contracts
SUMMARY: 2017 Farm Lease with Robert Bradley fora portion of
Roosevelt Park; 2017-2018 Farm Lease with John Veach
for property known as the North McFadden Farm.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File
ATTACHMENTS:
Description Type
Bradley / FDR Park Lease Supporting Documentation
Veach / North McFadden Farm Lease Supporting Documentation
THE CIry )FF Dubuque
D — L E A0 m n aciry
1IIILr
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
L�
FROM: Marie L. Ware, Leisure Services Manager
SUBJECT: Lease Agreement with Robert Bradley for 13 Acres of Farmland
DATE: April 26, 2017
Attached is the lease between Robert Bradley and the City for thirteen acres of farmland
in Franklin D. Roosevelt Park. The agreement is for one season, ending December 31,
2017. Prior to initiation, Assistant City Engineer Bob Schiesl was consulted and none of
this land is needed for the Southwest Arterial project during the lease term.
Legal Department has reviewed the agreement.
Please sign the agreement and then return to our office.
Thanks!
MLW:et
attachment
1
SAT o FARM LEASE
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Q �p THE IOWA STATE BAR ASSOCIATION
Official Forth#135
�ssoc'A�`cr Recorder's Cover Sheet
Preparer Information: (Name, address and phone number)
Barry A. Lindahl, Suite 330, 300 Main Street, Dubuque, Iowa 52001 (563) 583-4113
Taxpayer Information: (Name and complete address)
City of Dubuque,50 W. 13th Street,Dubuque, Iowa 52001
Return Document To: (Name and complete address)
Marie Ware, Leisure Services Manager, 2200 Bunker Hill Rd., Dubuque, Iowa 52001
Grantors: Grantees:
City of Dubuque, Iowa Robert Bradley
Legal description:See Page 2
Document or instrument number of previously recorded documents:
®Theiw sureearaummtmz
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THE IOWA STATE BAR ASSOCIATION FOR THE LEGNL EFFECT OF THE USE OF
OHcW FoOn No.135 1InIIV A. Lindahl THIS FOPM,CONSULT YOUR LAWYER
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3 �11y �n FARM LEASE
CASH OR CROP SHARES
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THIS LEASE ("Lease") is made between City of Dubuque. Iowa
("Landlord"), whose address for the purpose of this Lease is
50 W. 13th Street, Dubuque, Iowa 52001 and
Robed Bradley ("Tenant"),
whose address for the purpose of this Lease is 12016 English Mill Road,Dubuque, Iowa. 52003
THE PARTIES AGREE AS FOLLOWS:
1. PREMISES AND TERM. Landlord leases to Tenant the following real estate situated in
Dubuque County, Iowa (the"Real Estate"):
Thirteen(13) acres (more or less) of tillable property in Franklin D. Roosevelt Park.
and containing 13 (total)(tillable) acres, more or less, with possession by Tenant for a term of
year(s)to commence on Anal 1. 2017 , and end on December 1, 7017 . The Tenant
has had or been offered an opportunity to make an independent investigation as to the acres and
boundaries of the premises. In the event that possession cannot be delivered within fifteen (15) days
after commencement of this Lease, Tenant may terminate this Lease by giving the Landlord notice in
writing.
2. RENT. Tenant shall pay to Landlord as rent for the Real Estate(the"Rent"):
a. Total annual cash rent of $ 2.405.00 payable, unless otherwise agreed, as follows:
$ 1-20150 on May 1. 2017 , $1,202.50 on October 1. 2017
and $ on ; or
b. Crop share -___E®% of corn, NA% of soybeans, and NA°/ of other crops
raised on the Real Estate.
All Rent is to be paid to Landlord at the address above or at such other place as Landlord may
direct in writing. Rent must be in Landlord's possession on or before the due date. Participation of this
farm in any offered program by the U.S. Department of Agriculture or any state for crop production
control or soil conservation, the observance of the terms and conditions of this program, and the division
of farm program payments, requires Landlord's consent. Payments from participation in these programs
shall be divided NA % Landlord NA% Tenant. Governmental cost-sharing payments for
permanent soil conservation structures shall be divided _—EA21. Landlord NA% Tenant.
Crop disaster payments shall be divided___IWlo Landlord NA %Tenant.
0 ThSb a Slate Bar Assala,on 2013 135 FARM LEASE— ASH OR CROP SXARES
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3. LANDLORD'S LIEN AND SECURITY INTEREST. As security for all sums due or which will become due
from Tenant to Landlord, Tenant hereby grants to Landlord, in addition to any statutory liens, a security interest
as provided in the Iowa Uniform Commercial Code and a contractual lien in all crops produced on the premises
and the proceeds and products thereof, all contract rights concerning such crops, proceeds and/or products, all
proceeds of insurance collected on account of destruction of such crops, all contract rights and U.S. government
and/or state agricultural farm program payments in connection with the above described premises whether such
contract rights be payable in cash or in kind, including the proceeds from such rights, and any and all other
personal property kept or used on the real estate that is not exempt from execution. Tenant shall also sign any
additional forms required to validate the security interest in government program payments.
Tenant shall not sell such crops unless Landlord agrees otherwise. Tenant shall notify Landlord of
Tenant's intention to sell crop at least three(3) business days prior to sale of the crop (with business days being
described as Monday through Friday, except any Iowa or federal holidays). Tenant shall pay the full rent for the
crop year in which the crop is produced, whether due or not, at the time of sale pursuant to Landlord's consent to
release Landlord's security interests. Upon payment in full Landlord shall release Landlord's lien on the crop
produced in that crop year on the premises. The parties agree that by the Landlord releasing the lien as to the
crop in one year, the Landlord in no way releases the lien or agrees to release the lien in any prior or
subsequent year.
Tenant shall sign and deliver to Landlord a list of potential buyers of the crops upon which Landlord has
been granted a security interest in this lease. Unless Landlord otherwise consents, Tenant will not sell these
crops to a buyer who is not on the potential list of buyers unless Tenant pays the full rent due for the crop year to
the Landlord at or prior to the date of sale. Landlord may give notice to the potential buyers of the existence of
this security interest.
Landlord is further granted the power, coupled with an interest, to sign on behalf of Tenant as attorney-in
-fact and to file one or more financing statements under the Iowa Uniform Commercial Code naming Tenant as
Debtor and Landlord as Secured Party and describing the collateral herein specified. Tenant consents to the
financing statement being fled immediately after execution of this Lease.
4. INPUT COSTS AND EXPENSES. Tenant shall prepare the Real Estate and plant such crops in a timely
fashion as may be directed by Tenant (Landlord) (Tenant). Tenant shall only be
entitled to pasture or till those portions of the Real Estate designated by Landlord. All necessary machinery and
equipment, as well as labor, necessary to carry out the terms of this lease shall be furnished by and at the
expense of the Tenant. The following materials, in the amounts required by good husbandry, shall be acquired
by Tenant and paid for by the parties as follows:
% Landlord %Tenant
(1) Commercial Fertilizer 100
(2) Lime and Trace Minerals 100
(3) Herbicides 100
(4) Insecticides 100
(5)Seed 100
(6)Seed cleaning 100
(7)Harvesting and/or Shelling Expense 100
(S) Grain Drying Expense 100
(9) Grain Storage Expense 100
(10)Other 100
Phosphate and potash on oats or beans shall be allocated NA % the first year and ___hW%
the second year, and on all other crops allocated NA % the first year and the second year.
Lime and trace minerals shall be allocated over NA years. If this Lease is not renewed, and Tenant
does not therefore receive the full allocated benefits, Tenant shall be reimbursed by Landlord to the extent
Tenant has not received the benefits. Tenant agrees to furnish, without cost, all labor, equipment and application
for all fertilizer, lime, trace minerals and chemicals NA
S. PROPER HUSBANDRY; HARVESTING OF CROPS; CARE OF SOIL, TREES, SHRUBS AND GRASS.
Tenant shall farm the Real Estate in a manner consistent with good husbandry, seek to obtain the best crop
production that the soil and crop season will permit, properly care for all growing crops in a manner consistent
(2)
with good husbandry, and harvest all crops on a timely basis. In the event Tenant fails to do so, Landlord
reserves the right, personally or by designated agents, to enter upon the Real Estate and properly care for and
harvest all growing crops, charging the cost of the care and harvest to the Tenant, as part of the Rent. Tenant
shall timely control all weeds, including noxious weeds, weeds in the fence rows, along driveways and around
buildings throughout the premises. Tenant shall comply with all terms of the conservation plan and any other
required environmental plans for the leased premises. Tenant shall do what is reasonably necessary to control
soil erosion including, but not limited to, the maintenance of existing watercourses, waterways, ditches, drainage
areas, terraces and tile drains, and abstain from any practice which will cause damage to the Real Estate.
Upon request from the Landlord, Tenant shall by August 15 of each lease year provide to the Landlord a
written listing showing all crops planted, including the acres of each crop planted, fertilizers, herbicides and
insecticides applied showing the place of application, the name and address of the applicator, the type of
application and the quantity of such items applied on the lease premises during such year.
Tenant shall distribute upon the poorest tillable soil on the Real Estate, unless directed otherwise by
Landlord, all of the manure and compost from the farming operation suitable to be used. Tenant shall not
remove from the Real Estate, nor burn, any straw, stalks, stubble, or similar plant materials, all of which are
recognized as the property of Landlord. Tenant may use these materials, however, upon the Real Estate for the
farming operations. Tenant shall protect all trees, vines and shrubbery upon the Real Estate from injury by
Tenant's cropping operation or livestock.
Tenant shall maintain accurate yield records for the real estate, and upon request, during or after lease
term, shall disclose to Landlord, all yield base information required for participation in government program
6. DELIVERY OF GRAIN. If this lease is a crop share lease, Tenant, without cost to Landlord, shall deliver
Landlord's grain pursuant to request, at reasonable times, to the elevator at NA
or elsewhere at no further distant point.
7. LANDLORD'S STORAGE SPACE. If this lease is a crop share lease, Landlord reserves NA% of all
crib and granary space for storage of the rent share crops.
8. ENVIRONMENTAL.
a. Landlord. To the best of Landlord's knowledge to date:
i) Neither Landlord nor, Landlord's former or present tenants, are subject to any investigation
concerning the premises by any governmental authority under any applicable federal, state, or local
codes, rules, and regulations pertaining to air and water quality, the handling, transportation, storage,
treatment, usage, or disposal of toxic or hazardous substances, air emissions, other environmental
matters, and all zoning and other land use matters.
ii) Any handling, transportation, storage, treatment, or use of toxic or hazardous substances that has
occurred on the premises has been in compliance with all applicable federal, state, and local codes,
rules, and regulations.
iii) No leak, spill release, discharge, emission, or disposal of toxic or hazardous substances has
occurred on the premises.
iv) The soil, groundwater, and soil vapor on or under the premises is free of toxic or hazardous
substances except for chemicals (including without limitation fertilizer, herbicides, insecticides) applied
in conformance with good farming methods, applicable rules and regulations and the label directions of
each chemical.
Landlord shall hold Tenant harmless against liability for removing solid waste disposal sites existing at
the execution of this Lease, with the exception that Tenant shall be liable for removal of solid waste disposal
sites to the extent that the Tenant created or contributed to the solid waste disposal site at any time.
Landlord shall assume liability and shall indemnify and hold Tenant harmless against any liability or
expense arising from any condition which existed, whether known or unknown, at the time of execution of the
lease which is not a result of actions of the Tenant or which arises after date of execution but which is not a
result of actions of the Tenant.
Landlord shall disclose in writing to Tenant the existence of any known wells, underground storage
tanks, hazardous waste sites, and solid waste disposal sites. Disclosure may be provided by a properly
completed groundwater hazard statement to be supplemented if changes occur.
b. Tenant. Tenant shall comply with all applicable environmental laws concerning application, storage
and handling of chemicals (including, without limitation, herbicides and insecticides) and fertilizers.
Tenant shall apply any chemicals used for weed or insect control at levels not to exceed the
manufacturer's recommendation for the soil types involved. Farm chemicals (may) (may not) be stored
(3)
on the premises for more than one year. Farm chemicals for use on other properties(may) (may not) be
stored on this property. Chemicals stored on the premises shall be stored in clearly marked, tightly
closed containers. No chemicals or chemical containers will be disposed of on the premises. Application
of chemicals for agricultural purposes per manufacturer's recommendation shall not be construed to
constitute disposal.
Tenant shall employ all means appropriate to insure that well or ground water contamination
does not occur, and shall be responsible to follow all applicators licensing requirements. Tenant shall
install and maintain safety check valves for injection of any chemicals and/or fertilizers into an irrigation
system (injection valve only, not main well check valve). Tenant shall properly post all fields (when
posting is required) whenever chemicals are applied by ground or air. Tenant shall haul and spread all
manure on appropriate fields at times and in quantities consistent with environmental protection
requirements. Tenant shall not dispose of waste oil, tires, batteries, paint, other chemicals or containers
anywhere on the premises. Solid waste (may) (may not) be disposed of on the premises. Dead livestock
(may) (may not) be buried on the premises. If disposal of solid waste or burial of dead animals is
permitted as stated in the previous two sentences, the disposal or burial shall be in compliance with all
applicable environmental laws. Tenant shall not use waste oil as a means to suppress dust on any roads
on or near the premises. No underground storage tanks, except human waste septic systems that meet
current codes, rules, and regulations, shall be maintained on the premises.
Tenant shall immediately notify Landlord of any chemical discharge, leak, or spill which occurs
on premises. Tenant shall assume liability and shall indemnify and hold Landlord harmless for any claim
or violation of standards which results from Tenant's use of the premises. Tenant shall assume defense
of all claims, except claims resulting from Landlord's negligence, in which case each party shall be
responsible for that party's defense of any claim. After termination, Tenant shall remain liable for
violations which occurred during the term of this Lease.
In the absence of selection of an alternative where choices are provided in this paragraph 8b,the
choice of the word "may" shall be presumed unless that presumption is contrary to applicable
environmental laws and regulations.
10. POSSESSION AND CONDITION AT END OF TERM. At the termination of this Lease, Tenant will
relinquish possession of the Real Estate to the Landlord. If Tenant fails to do so Tenant agrees to pay Landlord
$ 0.00 per day, as liquidated damages until possession is delivered to Landlord. At the time
of delivery of the Real Estate to Landlord, Tenant shall assure that the Real Estate is in good order and
condition, and substantially the same as it was when received by Tenant at the commencement of this Lease,
excusable or insurable loss by fire, unavoidable accidents and ordinary wear, excepted.
11. LANDLORD'S RIGHT OF ENTRY AND INSPECTION. In the event notice of termination of this Lease has
been properly served, Landlord may enter upon the Real Estate or authorize someone else to enter upon the
Real Estate to conduct any normal tillage or fertilizer operation after Tenant has completed the harvesting of
crops even if this is prior to the date of termination of the lease. Landlord may enter upon the Real Estate at any
reasonable time for the purpose of viewing or seeding or making repairs, or for other reasonable purposes.
12. VIOLATION OF TERMS OF LEASE. If Tenant or Landlord violates the terms of this Lease, the other may
pursue the legal and equitable remedies to which each is entitled. Tenant's failure to pay any Rent when due
shall cause all unpaid Rent to become immediately due and payable, without any notice to or demand upon
Tenant.
13. REPAIRS. Tenant shall maintain the fences on the leased premises in good and proper repair. Landlord
shall furnish necessary materials for repairs that Landlord deems necessary within a reasonable time after being
notified of the need for repairs. Tenant shall haul the materials to the repair site without charge to Landlord.
14. NEW IMPROVEMENTS. All buildings, fences and improvements of every kind and nature that may be
erected or established upon the Real Estate during the term of the Lease by the Tenant shall constitute
additional rent and shall inure to the Real Estate, becoming the property of Landlord unless the Landlord has
agreed in writing prior to the erection that the Tenant may remove the improvement at the end of the lease.
(4)
15. WELL, WINDMILL, WATER AND SEPTIC SYSTEMS. Tenant shall maintain all well, windmill, water and
septic systems on the Real Estate in good repair at Tenant's expense except damage caused by windstorm or
weather. Tenant shall not be responsible for replacement or installation of well, windmill, water and septic
systems on the Real Estate, beyond ordinary maintenance expenses. Landlord does not guarantee continuous
or adequate supplies of water for the premises.
16. EXPENSES INCURRED WITHOUT CONSENT OF LANDLORD. No expense shall be incurred for or on
account of the Landlord without first obtaining Landlord's written authorization. Tenant shall take no actions
that might cause a mechanic's lien to be imposed upon the Real Estate.
17. NO AGENCY. Tenant is not an agent of the Landlord.
18. TELEVISION AND RADIO. Tenant may install and remove, without causing material injury to the
premises, Tenant's television reception antennas, microwave dishes, and radio reception and transmission
antennas.
19. ACCOUNTING. The method used for dividing and accounting for the harvested grain shall be the
customary and usual method used in the locale.
20. ATTORNEY FEES AND COURT COSTS. If either party files suit to enforce any of the terms of this
Lease,the prevailing party shall be entitled to recover court costs and reasonable attorneys'fees.
21. CHANGE IN LEASE TERMS. The conduct of either party, by act or omission, shall not be construed as a
material alteration of this Lease until such provision is reduced to writing and executed by both parties as
addendum to this Lease.
22. CONSTRUCTION. Words and phrases herein, including the acknowledgment, are construed as in the
singular or plural and as the appropriate gender, according to the context.
23. NOTICES. The notices contemplated in this Lease shall be made in writing and shall either be delivered
in person, or be mailed in the U.S. mail, certified mail to the recipient's last known mailing address, except for
the notice of termination set forth in Section 9, which shall be governed by the Code of Iowa.
24. ASSIGNMENT. Tenant shall not assign this Lease or sublet the Real Estate or any portion thereof
without prior written authorization of Landlord.
25. CERTIFICATION. Tenant certifies that it is not acting, directly or indirectly, for or on behalf of any person,
group, entity or nation named by any Executive Order or the United States Treasury Department as a terrorist,
"Specially Designated National and Blocked Person" or any other banned or blocked person, entity, nation or
transaction pursuant to any law, order, rule or regulation that is enforced or administered by the Office of
Foreign Assets Control; and it is not engaged in this transaction, directly or indirectly on behalf of, or instigating
or facilitating this transaction, directly or indirectly on behalf of, any such person, group, entity or nation.
Tenant hereby agrees to defend, indemnify and hold harmless Landlord from and against any and all claims,
damages, losses, risks, liabilities and expenses (including attorney's fees and costs) arising from or related to
any breach of the foregoing certification.
26.ADDITIONAL PROVISIONS.
26.1 Tenant shall utilize contour cultivation and other generally accepted husbandry techniques to
minimize erosion.
26.2 No mining or harvesting of trees shall be done without prior written consent of the City of
Dubuque.
26 3 Tenant assumes all liability and shall defend, indemnify and hold harmless the City of Dubuque,
its officials and employees for all causes of action arising out of the use of said property.
26.4 It is expressly understood that said ground is rented for the production and harvesting only of
corn and/or small grains production; and that all stover must remain in place.
26.5 Tenant acknowledges that the Children's Zoo, the Dubuque Drum and Bugle Corps and Model
Airplane Club will continue operations on adjacent property.
26.6 Tenant agrees to reimburse the City of Dubuque for all damages caused by its equipment to the
septic tank.
26.7 Tenant shall maintain during the term of this Lease insurance as set forth in the City's standard
Insurance Schedule F for Lessee's of City Property.
26.8 The parties agree that this Lease shall terminate on December 1, 2017,without further notice.
(5)
DATED:
TENANT: � n LANDLORD
Robert Bradley Michael C an Milligen,City of Dubuque,Iowa
STATE OF Iowa COUNTY OF Dubuque
This record was acknowledged before me thi '90day of /`/ ,C�20/0, by
Robert Bradley
.Z a KEVIN S. FIRNSTAHL Si nature of o Public
COMMISSION NO.745285
MY COIN P1AE8
STATE OF Iowa , COUNTY OF Dubuque
This record was acknowledged before me this h day of ,
by Michael C.Van Milligen
as City Manager
of the City of Dubu ue Iowa
4fra KEVIN S.PIRNSTAHL
F COMMISSION NO.745285 Signaf6re of Notary Public
• MY CO Ito EXPIRES
OM� cls
(ATTACH OTHER APPROPRIATE ACKNOWLEDGMENT(S) HERE)
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ACO CERTIFICATE OF LIABILITY INSURANCE Daa1 YYYI
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THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS
CERTIFICATE DOES NOT AFFIRMATNELY OR NEGATIVELY AMEND, E1(TEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If Ne cortiflwte holder is an ADDITIONAL INSURED,Ne policyHes)must be endorsed. B SUBROGATION IS WANED,subject to
the forms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certi icate holder In lieu of such endoraement(s).
PROOOCFR NAYS ROn Cosm—Ckling
OlsNboeck1mg/Tri State Insurance PHONE 563556-0174 N 583-556-5731
2430 Meinen Crt EYAL
Dubuque.IA 52002 0I'`. � INSURERS AFFORDING coNERARE RAIL.
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.URE. � .f.E S INSURER a:
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12016 English Mill Rd IasuReS o
Dubuque.IA 52003 IxsuRgi E:
INSU.M F:
COVERAGES CERTIFICATE NUMBER: REMSION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF MY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSRA00�9YMi POLICYEW POLICY F>P
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OESLRIPTION OF OPERATIONS:LOCATION$IVENICLEB bectom 101.AOdubm Rxnu4a StFedule.may be embeds men 1,M rgalMi
Land hissed at Roosevelt Park from City of Dubuque.
Aal I Insured: The City of Dubuque,including all Its elected and appointed officials.all its employees and volunteers,all its boards,commissions and for
auNadUes and Moir bond members,employees and volunteers.
Limited Farm Pollution Uability Endorsement Coverage SI DW.000 Occurrence.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
The City of Dubuque ACCORDANCE WITH THE POLICY PROWINONS.
(See Description Section)
50 W 13th grant RonO tortMED rmeldiREPREENTA
Ron Obemroedling
Dubuque.M52001
®1988-2014 ACORD CORPORATION. All rights reserve
ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD
FPK FMPN 71 7 0298050 INSURED'S COPY
FORM 8110
ADDITIONAL INFORMATION SUPPLEMEN -DECLARATIONS
Form DESCRIP ION
FP70582 LIMITED FUNGI OR BACTERIA COVERAGE ENDOR EMENT • PROPERTY
LIMIT: $10,000
FL70610 ADDITIONAL INSURED•DESIGNATED OPERATION, LOCATION OR EQUIP
CITY OF DUBUQUE, 50 W. 13TH ST, DUBUQUE, IA 52001
e»o pwpm
Page 00914 74
FARM
FL 706 10 0101
THIS ENDORSEMENT CHANGES THE POLICY. PILE SE READ IT CAREFULLY.
ADDITIONAL INSURED - DESIGNATED OPERATION,
LOCATION OR EQUIPMENT COVERAGE ENDORSEMENT
This endorsement modifies insurance provided underthe following:
FARM LIABILITY COVERAGE FORM
This endorsement applies only to the person(s)or This insurance,including any duty we have to defend
organizations)identified on Form 8110(Additional "suits",doesinot apply to"bodily injury","property
Endorsement Information)of this policy. damage"or"personal and advertising injury"that
Under Section C. WHO IS AN INSURED, in arises out of;in whole or in part,or is a result of, in
paragraph 2.,each of the following is also an insured: whole or in part,the active or primary negligence of
any person dr organization designated as an
The persons or organizations shown on Form 8110, additional in cured on Form 8110.
but only with respect to liability arising out of the
designated operation or location or your use of
equipment shown on Form 8110, subject to the
following additional exclusion:
All terms and conditions of this policy apply unless moo lified by this endorsement.
FL 70610 01 01 Page 1 of 1
FPK FMPN 7170298050 INSURED's COPY 74 0000915
FARM
8111 0712
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ THIS CAREFULLY.
SCHEDULE FOR LIMITED FARM POLLUTION
LIABILITY COVERAGE ENDORSEMENT
This endorsement modifies insurance provided under the following:
FARM LIABILITY COVERAGE FORM
SCHEDULE OF LIMITS OF INSURANCE
This Schedule states the Limits of Insurance provided under this endorsement.
COVERAGE LIMITS OF INSURANCE PREMIUM
PART 1 —CHEMICAL APPLICATION, STORAGE, AND NON-AUTOiTRANSPORTATION
LIABILITY COVERAGE
$_ 500.000 �-- Occurrence Limit
$ 1.000.0_ Aggregate Limit
$ OI Deductible $ 31
N (Y/N)—When indicated(Y), additionally includes Part 1 Coverage away from premises.
PART 2—LIMITED FARM POLLUTION LIABILITY COVERAGE
$ NO COVERAGE Occurrence Limit
$ NO COVERAGE Aggregate Limit
$ 0 Deductible $ 0
N (Y/N) — Part 2, when indicated (Y), includes optional Waste Coverage under Part 2 Limited
Farm Pollution Liability Coverage item 3. and the revised" ollutants"definifion under C. 6.
PART 3—FARM ENVIRONMENTAL DAMAGE CLEAN UP COVE GE
$ 50000 "Incident"Limit
$ 0 Deductible $ 58
$ 2.000,000 TOTAL ENDORSEMENT COVERAGE AGGREGATE
(Subject to policy Aggregate)
TOTAL ENDgRSEMENT PREMIUM$ 89
8111 07 12
Page 1 of 1
Page 00658
City of Dubuque Insurance Requirements for Farm Tenant
Insurance Schedule F
1. 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.Tenant 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 Finance Director.Each certificate shall include
a statement under Description of Operations as to why issued.Eg: Lease of premises at
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 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 contract/lease.
5. All required endorsements to various policies shall be attached to certificate of insurance.
6. Whenever a specific ISO form is listed,the current edition of the form must be used unless an equivalent
form is approved by the Finance Director and subject to the tenant identifying and listing in writing all
deviations and exclusions that differ from the ISO form.
7. The tenant shall be required to carry the minimum coverage/limits,or greater if required by law or other
legal agreement,in Exhibit 1.
8. If the tenant's limits of liability are higher than the required minimum limits,then the tenant's limits shall
be lease required limits.
Page 1 of 3 022317bal Schedule F March 2017
City of Dubuque Insurance Requirements for Farm Tenant
Insurance Schedule F (continued)
Exhibit I
A) Dwelling,other buildings: Value: $
a) Included the City of Dubuque as loss payee.
b) Written on replacement cost basis.
c) Form HO-3
Personal Liability: $500,000
a) 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.
Include Preservation of Governmental Immunities endorsement.(See attached)
Include Waiver of Right to Recover from Others endorsement.
13) Farm Liability:
Farm Liability Per Occurrence $1,000,000
Farm Liability Aggregate $1,000,000
Personal Injury&Advertising Injury $1,000,000
Products-Completed Operations Liability $1,000,000
Medical Payments to Public $ 5,000
Medical Payments to Farm Employees $ 5,000
Pollution Liability Coverage $1,000,000
b) 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.
c) Pollution Liability shall include chemical application,storage,transportation,environmental
damage clean up.
d) Include Preservation of Governmental Immunities endorsement.(See attached)
e) Include Waiver of Right to Recoverfrom Others endorsement.
Page 2 of 3 022317bal Schedule F March 2017
City of Dubuque Insurance Requirements for Farm Tenant
Preservation of Governmental Immunities Endorsement
1. Nonwaiver of Governmental Immunity.The insurer expressly agrees and states thatthe 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
Page 3 of 3 022317bal Schedule F March 2017