Hockey (Dbq) & Five Flags AgreementMEMORANDUM
August 27, 2002
TO:The Honorable Mayor and City Council Members
FROM:Michael C. Van Milligen, City Manager
SUBJECT:Rental Agreement with Dubuque Hockey, Inc.
Leisure Services Manager Gil Spence recommends approval of the rental agreement
with Dubuque Hockey, Inc. (Thunderbirds) for use of the Five Flags Center for the
2002-2003 season.
The only two material changes from last year's contract are:
The per game fee was lowered from $600 to $500 per game. Per game staff
cost was increased from $450 to $500 and the ice rental rate was increased from
$85 to $90 per hour.
The attendance incentive that related to the team $1.00 per fan over an average
of 1,000 attendance per game has been dropped, at the suggestion of the team.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
___________________
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Gil D. Spence, Leisure Services Manager
CITY OF DUBUQUE, IOWA
MEMORANDUM
August 21,2002
TO: Michael C. Van Milligen, City Manager
FROM: Gil D. Spence, Leisure Services Manager
SUBJECT: Rental Agreement with Dubuque Hockey, Inc.
INTRODUCTION
The purpose of this memorandum is to request City Council approval of the rental
agreement with Dubuque Hockey, Inc. (Thunderbirds) for use of the Five Flags Center for
the 2002 - 2003 season.
DISCUSSION
The attached rental agreement except for two changes:
1. The per game fee was lowered from $600 to $500 per game. Per game staff cost was
increased from $450 to $500 and the ice rental rate was increased from $85 to $90 per
hour.
2. The attendance incentive that related to the team $1.00 per fan over an average of
1,000 attendance per game has been dropped, at the suggestion of the team.
Any other change was minor and done to clarify the contract, not to change the intent. The
team was successful during its first year of operation and hopes to increase attendance at
its games, and the quality of the team it places on the ice.
Dubuque Hockey, Inc. has approved the agreement and the Civic Center Commission
gave its approval on August 19, 2002.
RECOMMENDATION
The action requested is that the City Council approve the rental agreement for Dubuque
Hockey, Inc. to use the Five Flags Center for the 2002 - 2003 season.
GDS:et
attachments
RENTAL AGREEMENT
Lease No.
PARTIES:
THIS AGREEMENT, made this day of ,20 02
CENTER, a deparlment of the City of Dubuque, hereinafter called "CENTER" and
, between the DUBUQUE FIVE FLAGS
DUBUQUE HOCKEY, INC. DBA: DUBUQUE THUNDERBIRDS
Address 405 MAIN STREET
City. DUBUQUE State IOWA Zip 52001
hereinaftar called "TENANT".
SPACE AND PURPOSE
CENTER grants TENANT permission to use the herein named portions of the Dubuque Five Flags Center for
the pedod and purposes herein set forth.
The space known as Satellite Ticket Office for TENANT off"ices. Office available for TENANT ticket
sales dudng CENTER regular office hours, Monday through Fdday, 9:00 a.m. - 5:30 p.m. when
CENTER's ticket office is open or 9:00 a.m. - 5:00 p.m. when the ticket office is closed. CENTER
reserves the right to limit use due to other event needs.
Use of locker rooms fY2 and #3 for the pedod of September 1,2002 until ice is removed; subject to the
need for locker room space by CENTER. Use of locker room #1 for visiting team, available one and
one-haft hours pdor to game time. Locker boxes will be removed at CENTER's request when needed
for other event use.
Five Flags Arena with ice rink for practice of hockey, subject to availability. May be pre-empted for
other events with a minimum of seven days notice.
Five Flags Arena with ice dnk and seating for 2,457 persons for hockey games, accerding to the
attached schedule.
5. One-haft of the storage area across from locker room ~ for TENANT storage use.
East press box is available for TENANT'S use, for promotional activities pending approval by CENTER.
TENANT would be responsible for monitoring this usage. TENANT responsible for installation and
payment of phone lines if press box is used for broadcast_
7. Northwest dressing room for use by game off"lcials.
TENANT, at its sole expense, may display the team logo and team sponsors on the ice surface (Five
Flags logo will be included) and north wall in the area designated by the CENTER. CENTER to hang
free of charge. Material, size, content, and method of hanging signage to be approved by CENTER.
CENTER must approve layout of on-ice logo/advertisements prior to tenant entedng into any sales
agreement.
West press box will be made available for use by TENANT for promotional activities pending approval
by CENTER. TENANT responsible for monitoring usage, if west press box is used for broadcast,
TENANT is responsible for installation and payment of phone lines. West press box will be made
available for use of organ by one person designated by TENANT, as long as organist is a volunteer or
paid by the Thunderbirds. If organ is used, west press box would not be available for broadcast
purposes or promotional activities.
CENTER POLICIES
TENANT must abide by all CENTER policies, including No Tobacco Use Policy. Persons violating this policy
will be ejected from the building after one warning. CENTER shall provide TENANT its wdtten policies
simultaneously with execution of the lease agreement. Some policies may be inadver[ently omitted, but these
and any new policies developed will be in effect as TENANT is made aware of them.
405 Main Street- P.O. Box 628. Dubuque, Iowa 52004-0628 · 563/589-4254 · Fax: 563/589-4351
Dubuque Hockey, Inc.
Lease No.
Page 2
TICKET OFFICE
Ticket cashiers will be provided by TENANT with CENTER providing portable ticket booth from which one
ticket seller will sell tickets at Locust Street entrance. Portable ticket booth available to TENANT at 4:00
p.m. on game days. In addition, there wilt be one additional ticket cashier at the Locust Street entrance
until the beginning of first pedod or ur!til crowd is disbursed. There will be an additional ticket cashier at
Main Street entrance to sell general admission tickets with a ticket runner provided by TENANT to take
care of will call tickets being held at Locust Street entrance. One ticket cashier will remain on duty until the
beginning of the third pedod at both entrances. People entedng after the beginning of the third pedod shall
be admitted free of charge.
TENANT may sell tickets from Locust Street porch Saturday and Sunday of game days during regular
ticket office hours, Noon - 5:30 p.m. CENTER will provide table and chairs.
Ticket takers will be provided at both entrances by the CENTER. All drop ticket will be turned over to
TENANT immediately following the game after the attendance count has been taken by the CENTER.
TENANT shall reimburse CENTER for actual cost of pdnfing tickets if this service is provided by CENTER.
FEE TERMS
TENANT agrees to pay CENTER a fee of $500.00 per game for a minimum of 21 regular season games
and $600.00 for each additional game over that amount. TENANT agrees to pay CENTER $90.00 for each
hour of practice ice. CENTER agrees to provide TENANT up to 150 hours of ice practice.
Office space
Storage space in gate E and across
from locker room
Use of press boxes
Thunderbirds refrigerator in locker room
Thunderbirds team boxes in locker room
no charge
no charge
no charge
no charge
no charge
DEPOSIT
TENANT shall pay to CENTER, pdor to September 20, 2002, the sum of $1,260.00 as a deposit for all
dates reserved for games. CENTER shall credit deposit toward the usage fee at end of payment schedule.
In the event that a game is not held as scheduled, TENANT will forfeit the deposit for that game $60.00 as
liquidated damages.
PAYMENT O5 USAGE FEES
TENANT shall pay the CENTER within sixty days of the end of each month for fees incurred as based on
the payment scheduled detailed under "Fee Terms". CENTER will bill TENANT at the end of each month.
Sixty day payment schedule may be renegotiated for any future contract with TENANT.
APPROVAL OF CONTRACT
It is agreed that this contract will not be enforced until it has been approved by the Civic Center
Commission and City Council, and signed by TENANT and City.
EVENTS BEYOND PARTIES' CONTROL (Force Majeure)
FORCE MAJOR TOTAL: In the event that either or both parties are totally prevented from completion of
obligations under the Agreement as a result of acts of God, civil tumult, war, dot, governmental restrictions,
or other conditions beyond the legitimate control of CENTER and/or TENANT, both parties shall then be
relieved respectively of their obligations hereunder and there shall be no claim for damages by either party
against the other.
Dubuque Hockey, Inc.
Lease No.
Page 3
OBLIGATION TO ADAPT TO CIRCUMSTANCES: It is also further understood and agreed that both
parties shall make "best efforts" to overcome and adapt to any and all cimumstances described in this
article, in order to meet the obligations of the engagement in any way possible, given the circumstances.
The term "Force Majeure" as used in this section shall include all fire, earthquake, flood, tornado, act of
God, stdke or other labor disturbance beyond the reasonable control of CENTER, civil commotion, failure
of power, machinery or equipment malfunction, or any other matter of situation of a like nature. Force
Majeure shall not be interpreted to mean an act or omission by TENANT'S opposing team, but CENTER
will use its best efforts to reduce or eliminate costs or expenses incurred as a result of the failure to play
any scheduled game.
The parties agree that they will use and continue to use their best efforts to remove, change, correct~
repair, et cetera, the condition of Force Majeure preventing performance hereunder, in order to make
performance under this Agreement once again possible.
CONCESSIONS
CENTER shall retain control and operation of all concession stands, providing food and beverage services.
Final decisions on product selection and pdcing shall be at CENTER'S sole discretion.
Programs and novelties may be offered for sale by TENANT, on game dates, in the leased space during
the pedod of this agreement CENTER shall designate stand locations for merchandising such items. The
normal fee for the sale of such items, thirty percent of gross sales, shall be waived by the CENTER.
Any promotional activities conducted in the building and game script must be approved by CENTER seven
days prior to a game.
SCHEDULE OF USAGE
CENTER shall provide TENANT access to arena ice rink for games and/or practices on a minimum of 110
days in the period beginning September 17, 2002, and ending March 21, 2003, if ice is available.
CENTER will begin the ice making process on September 8, 2002. TENANT is encouraged to view the ice
making process to be kept abreast of the progress and ask any questions they may have or note any
difficult weather conditions that would cause process to be halted.
CENTER shall not interrupt the TENANT'S practice ice usage for longer than a six-day pedod. CENTER
has an option to extend this six-day pedod with a $500 compensation per day to TENANT, excluding away
games for TENANT that occur within this pedod.
The schedule of TENANT'S games shall not be changed without the mutual consent of both TENANT and
CENTER, or as allowad in this agreement. Such consent shall not be unreasonably withheld.
In the event the performance of TENANT's scheduled game is prevented, due to hazardous weather
conditions, CENTER shall make every effort to reschedule the game, subject to the availability of dates in
the CENTER. Should it be deemed impossible by both CENTER and TENANT to reschedule the game,
the CENTER shall refund TENANT'S $60.00 deposit for that game.
CENTER retains the dght to alter the TENANT's practice schedule. TENANT and CENTER shall submit
written notice of any change in practice schedule to the other seven days in advance of the change, all
changes subject to availability of CENTER dates.
Practice ice time for 2002-2003 season will include regular practices scheduled between 2:15 p.m. and
4:15 p.m., Monday through Fdday, game day practices and any other use the Thunderbirds schedule
through the Civic Center office. All ice usage is subject to the availability of the ice sheet and may be pre-
empted by another event.
Before utilizing the building for any Thunderbirds activity, i.e., player meetings, photo sessions, equipment
distribution, et cetera, TENANT shall schedule such usage with Civic Center Manager to make sure other
events are not scheduled.
ADDITIONAL USAGES FOR PLAYOFFS
Should the TENANT qualify for the M.J.H.L playoffs, CENTER agrees to maintain the ice sheet and offer it
to TENANT, subject to the availability of dates for TENANT practices and playoff games for a minimum of
Dubuque Hockey, Inc.
Lease No.
Page 4
fifteen (15) days during the period beginning March 21, 2003 and ending Apdl 7, 2003. The CENTER shall
not be required to maintain the ice sheet past the date the TENANT is eliminated from the M.J.H.L.
playoffs. Usages in this pedod shall be subject to all rates, conditions, and requirements set forth in this
Agreement.
Ice of sufficient quality to allow a game cannot be guaranteed after the end of March. TENANT would have
to determine if they want to take the chance of an adequate ice surface. CENTER will not be held
responsible for ice quality.
TENANT ACCESS
TENANT shall have access to arena ice dnk dudng the hours specified in the attached practice and game
schedules.
TENANT shall also have access to office and locker rooms designated for TENANT'S use:
In pedods during which the Civic Center's promenade is open to the public. When promenade is
closed to the public, access to the office may be obtained through skate rental, if such access is
approved by the user group in the arena/on ice.
In period commencing thirty minutes prior to scheduled usages when the promenade is not open to
the public.
In pedods when games are scheduled on Saturday and/or Sunday, when the promenade is closed
to the public, access will be provided to selected Thunderbirds personnel at 4:30 pm on Saturday
(7:00 pm) evening games and 3:00 pm for Sunday (5:30 pm) evening games to facilitate setup of
novelty stands. Gate C will be unlocked at that time.
CENTER shall keep open the tunnel between the Five Flags Center and the Holiday Inn one hour
before game time and 45 minutes after game is concluded. TENANT agrees to provide adequate
secudty during the hours the tunnel is open for TENANT events. SpeCial openings of the tunnel
may be requested by the TENANT within reason, such requests shall not be denied by CENTER as
long as TENANT agrees to provide security.
CENTER reserves the dght to deny TENANT access to designated locker rooms, office, or any parts of the
Civic Center if TENANT'S use of these spaces constitutes, in the reasonable opinion of the CENTER, a
conflict with another event.
TENANT shall be responsible for restricting its staff, players, and volunteers to the space authorized by this
Agreement. Continued failure on the part of the TENANT to exercise this control may result in additional
charges to TENANT for CENTER'S labor expenses of a staff person to monitor TENANT's usage.
STAFFING
All doors shall open for games one hour pdor to game time and close to the public forty-five minutes
following completion of game. CENTER will guarantee all other ice usage to end one hour and thirty
minutes pdor to their scheduled game time. In the event of toumaments overtime, less time may be
available.
The number of personnel shall be fixed by decision of CENTER and TENANT, except that CENTER shall
have discretion to determine staffing levels related to secudty and patron safety.
For TENANT'S scheduled games, CENTER shall provide the following staff for agreed money of $500.00
per game:
one house manager
three ushers
one technical assistant
two T-shirt secudty
one police officer
Dubuque Hockey, Inc.
Lease No,
Page 5
Any additional services (such as followspots, special lighting, etc.) shall be billed as extra costs over
agreed fee.
Any additional staffing (such as followspot operators, security, etc.) shall be billed as extra costs
over agreed fee.
In addition, TENANT shall provide the following volunteer staff to supplement that provided by CENTER:
ten ushers (includes staffing for gates B, D, and F)
two aides for Zamboni operator
· scorekeeper, announcer, et cetera, as TENANT needs
· medical personnel (doctor or EMTs) - available to public
one person to staff skaters' entrance
TENANT shall provide the names of the above mentioned ushers, and Zamboni aides to CENTER no less
than one week prior to each game. Each person supplied by TENANT shall adhere to the M.J.H.L.'s
Intoxicants Policy forbidding consumption of drugs and alcohol.
For TENANT'S scheduled games, CENTER shall provide, at no cost to TENANT, the following staff:
one maintenance worker
one Zareboni operator
RESERVATION OF GAME DATES
TENANT may reserve playing dates through the Civic Center Manager under the following terms and
conditions:
· Twenty-one regular season and play-off dates plus exhibition may be reserved.
· If another user group requests any of these dates; twenty of the regular season dates will be held
with no deposit required. For the remaining dates, including play-offs and exhibition, a $60.00
deposit will be made to secure the date. Any of these dates, secured with deposit, that are not
used, TENANT will forfeit the $60.00 for that specific date.
· All dates reserved for the playoffs will be held according to the normal booking procedure.
NOTE: This section applies to dates in out years, beyond what is covered by the contract.
INDEMNIFICATION
TENANT shall defend, indemnify and hold harmless CENTER, its officers, agents and employees from and
against all claims, damages, liabilities and expenses (including costs and attorney's fees) arising from
bodily injury, personal injury, including death at any time resulting therefrom, sustained by any person or
persons or on account of damage to property, including loss of use thereof, adsing out of or in
consequence of TENANT'S performance of this Agreement, provided such injudes to persons or damage
to property are due to the negligent or intentional acts or omissions of TENANT, its officers, employees or
agents. The provisions under this paragraph, however, shall only apply in proportion to and to the extent
of such negligent or intentional acts or omissions.
CENTER shall defend, indemnify and hold harmless TENANT, its officers, agents and employees from and
against all claims, damages, liabilities and expenses (including costs and attomey's fees) arising from
bodily injury, personal injury, including death at any time resulting therefrom, sustained by any person or
persons or on account of damage to property, including loss of use thereof, arising out of or in
consequence of (i) TENANT'S performance of the Agreement, provided such injuries to persons or
damage to property are due to the negligent or intentional acts or omissions of CENTER, its officers,
Dubuque Hockey, Inc.
Lease No.
Page 6
employees or agents or (ii) operation of the Arena, including without limitation the fixtures, entrances, exits,
sidewalks and approaches of the Arena. The provisions under clause (i) of this paragraph, however, shall
only apply in proportion to and to the extent of such negligent or intentional acts or omissions.
INSURANCE
The TENANT agrees to provide, at its own expense, a public liability insurance policy in a company which
is acceptable to the CENTER and which is licensed to do business in the State of Iowa, in amounts not
less than amounts indicated in the attached schedule. Such policy is to contain a provision that the
CENTER will be notified at least thirty (30) days pdor to any cancellation or matedat change therein.
The TENANT shall have such insurance amended to include the CENTER as an additional insured, and
provide certification of this insurance coverage by September 1, 2002. Ica usage will not be allowed until
this cer~ificata is received and accepted by CENTER.
WORKERS'COMPENSATION
To the extent that TENANT's business is such as to place any or all of its employees under the coverage of
Workers' Compensation or similar statutes, TENANT will maintain dudng the time TENANT occupies the
premises and throughout the term, Workers' Compensation or similar insurance affording the coverage and
limits required by statute. Upon CENTER'S request, TENANT shall provide CENTER with evidence of
such coverage.
ADDITIONALITEMS
Blood borne ~3atho~ens. TENANT shall be responsible for removal of sharps, towels, rags, or any
article beadng any body fluids relating to its presenca in the building, including those related items
belonging to the opposing team.
Damage to building. All damage to the building, structure, premises, and its appurtenances
caused by TENANT, its employees, agents, players, or visiting team players and staff shall be paid
by TENANT at the actual cost of repairs.
CENTER staff and commission members engaged in the operation and maintenance of the building
shall have free access to the premises.
CENTER reserves the dght to deny access to the premises to any person or eject any person
admitted to the premises.
5. Marquee. CENTER shall include the upcoming games on marquee program.
TENANT may placa team boxes in locker room ¢Y2 and refrigerator and storage in locker room
but they will be removed at the request of the CENTER if requested by another user.
7. Championship banners may be hung in the arena in the area designated by the CENTER.
Should TENANT desire access to the CENTER'S telephone system all actual costs of the usage
must be paid by TENANT.
9. TENANT shall designate areas where non-suited players from both teams may sit dudng games.
10.
Majestic Room. The Majestic Room will be provided free of charge for the TENANT dudng
scheduled games to use as a booster room and TENANT shall be allowed to serve food items,
such items should not be in direct competition with the concassion stand and will not be removed
from the room. CENTER shall provide bar servica.
11.
Orpheum Room. The Orpheum Room shall not be available to sponsors of the Thunderbirds as a
hospitality room, excapt by pdor arrangement and payment to CENTER. Room rental, $75.00 per
day. CENTER shall provide catering, if an outside caterer is used a 10% catedng fee will be paid to
the CENTER by caterer.
Dubuque Hockey, Inc.
Lease No.
Page 7
12.
13.
14.
15.
16.
Advertising. CENTER shall make dasher boards available on which TENANT may have exclusive
dghts to sell advertising with approval by CENTER. TENANT shall pay all costs associated with
said advertising.
No more than 3,000 tickets per game may be pdnted or distributed by TENANT or any game
sponsor.
TENANT shall have the dght to provide food and beverages to players of both teams and on and off
ice officials as defined in league rules. TENANT will assist in clean up. If TENANT decides to use
CENTER for these items, they will be charged back to TENANT at CENTER's cost as additional
billing at the end of the season.
Any fees owed to Broadcast Music, Inc. for use of music played dudng games to be paid by
TENANT.
Center shall not be responsible for lost or stolen items kept in unsecured or unauthodzed storage
areas.
FOR: DUBUQUE FIVE FLAGS CENTER
FOR: DUBUQUE HOCKEY, INC.
By.
Title
Title
Date Da~e
Dubuque Hockey, Inc.
Lease No.
Page 7
12. Advertising. CENTER shall make dasher boards available on which TENANT may have exclusive
rights to sell advertising with approval by CENTER. TENANT shall pay all costs associated with
said advertising.
13. No more than 3,000 tickets per game may be printed or distributed by TENANT or any game
sponsor.
14. TENANT shall have the right to provide food and beverages to players of both teams and on and off
ice officials as defined in league rules. TENANT will assist in clean up. If TENANT decides to use
CENTER for these items, they will be charged back to TENANT at CENTER's cost as additional
billing at the end of the season.
15. Any fees owed to Broadcast Music, Inc. for use of music played during games to be paid by
TENANT.
16. Center shall not be responsible for lost or stolen items kept in unsecured or unauthorized storage
areas.
FOR: DUBUQUE FIVE FLAGS CENTER FOR: DUBUQUE HOCKEY, INC.
By By
Title
Mayor
Date September 3, 2002
Title
Date
q
INSURANCE SCHEDULE
All policies of insurance required hereunder shall be with an insurer authorized
to do business in Iowa. All insurers shall have a rating of A or better in the
current A.M. Best Rating Guide.
All policies of insurance required hereunder shall be endorsed to provide a thirty
(30) day advanced notice to the City of Dubuque of any cancellation of the policy
prior to its expiration date. This endorsement supersedes the standard
cancellation statement on the Certificate of Insurance.
Tenant shall furnish a Certificate of Insurance for the coverage required in
Paragraph 7. Such certificates shall include copies of the endorsements set forth
in Paragraphs 2 and 5 to evidence inclusion in the policy.
Each Certificate of Insurance shall be submitted to the Five Flags Manager prior
to commencement of event and shall name the City of Dubuque as certificate
holder.
All policies of insurance required in Paragraph 7 shall include the City of
Dubuque, Iowa under the attached Additional Insured Endorsement (0G2026)
and the attached Governmental Immunities Endorsement.
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 insurance
required herein shall be considered a matedal breach of this agreement.
Tenant shall be required to carry the following minimum insurance coverages or
greater if required by law or other legal agreement:
COMMERCIAL GENERAL LIABILITY:
General Aggregate Limit
Products-Completed Operation Aggregate Limit
Personal and Advertising Injury Limit
Each Occurrence Limit
Fire Damage Limit (any one occurrence)
Medical Payments
$ 2,000,000
$1,000,000
$1,000,000
$1,000,000
$ 50,000
$ 5,000
Commemial general liability shall be written on an occurrence form, not a claims
made form. Coverage to include premises-operation-products-completed
operations, independent contractors coverage, contractual liability, broad form
property damage, and personal injury.
WORKERS COMPENSATION AND EMPLOYERS LIABILITY:
The limit of coverage for employer's liability shall be at least $100,000 each
accident, $100,000 each employee by disease, and $500,000 policy limit for
bodily injury by disease.
Policy shall include an endorsement waiving right of recovery against City of
Dubuque, Iowa.
August, 2002
POLICY NUMBER COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - DESIGNATED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABIUTY COVERAGE PART.
SCHEDULE
Name of Person Or Organization:
The City of Dubuque, including alt its elected and appointed officials, all its employees and volunteers, all
its boards, commissions and/or authorities and their board membem, employees, and volunteers.
(If no entry appears above, information required to complete this endorsement will be shown in the
Declarations as applicable to this endorsement.)
WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown
in the Schedule as an insured but only with respect to liability adsing out of your operations or premises
owned by or rented fo you.
Copydght. Insurance Services Office. Inc. 1994 CG 20 26 11 85
CITY OF DUBUQUE, IOWA
GOVERNMENTAL IMMUNITIES ENDORSEMENT
Nonwaiver of Governmental Immunih/. The insurance carrier expressly agrees and
states that the pumhase 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 form time to time.
Cl~im.~ Coverage. The insurance carder 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.
Assertion of Government Imm~]ni~ 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 wdtten request of the insurance carder.
Non-13~nial of Coverage_ The insurance carrier shall not deny coverage under this
policy and the insurance carrier 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 (3fher Change in Policy The above preservation of governmental immunities shall
not otherwise change or alter the coverage available under the policy.