J.D. Communications, Inc. Lease Agreement Setting HearingTHE CITY OF Dubuque
~T T~ ~ AN-AmericaCi~
~,J ~ I
Masterpiece on the Mississippi
2007
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: J.D, Communications, Inc. Lease
DATE: March 9, 2009
Economic Development Director Dave Heiar is recommending that a public hearing be
set for April 6, 2009, to consider a five year lease with J.D. Communications, Inc. for
space in the Historic Federal Building.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
David J. Heiar, Economic Development Director
THE CITY OF
DUB E
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manger
FROM: David J. Heiar, Economic Development Directo
RE: J.D. Communications, Inc. Lease
~~
Dubuque
zao~
March 7, 2009
BACKGROUND
As part of the Roshek building renovation, several tenants were forced to relocate on
very short notice. Part of an incentive package to encourage voluntary relocation on a
fast track was to offer the tenants one year lease free in the Historic Federal Building.
Three of the tenants, J.D. Communications (Julien's Journal), Susan Maas, and
Dubuque Area Labor Management decided to accept this offer. The other tenants have
relocated to other buildings.
Short term leases (three years or less) can be authorized by the City Manager;
however, Iowa law requires that the city hold a public hearing prior to leasing public
property for longer than 3 years. Since J.D. Communications has requested a lease for
5 years, the City Council will need to hold a public hearing prior to acting on this lease.
DISCUSSION
The major terms of the proposed lease are as follows:
1. The first year is rent free
2. Tenant will lease rooms 233, 233A, and 234 for a total of 835 sq. ft.
3. Tenant will also lease 2 parking spaces in the Bluff Street lot for $74/month (this
is not free in the first year).
4. Years 2-5 the monthly lease rate is $835 per month, plus $74 for parking.
5. Tenant is responsible for interior cleaning
6. City is responsible for utilities
7. Tenant can terminate lease with a 60 day written notice.
Further details of the proposed lease are included in the attached lease which has been
signed by David Rusk on behalf of J.D. Communications.
RECOMMENDATION/ACTION STEP
recommend that the City Council set April 6, 2009 as the date for a public hearing on
the proposed lease with J.D. Communications for space in the Historic Federal building.
F:\USERS\DHeiar\Federal BuildingUuliens Journal lease memo to mvm.docx
RESOLUTION NO. 102-09
INTENT TO DISPOSE OF AN INTEREST IN REAL PROPERTY OWNED BY THE
CITY OF DUBUQUE BY LEASE ETW EN THE CITY OF DUBUQUE, IOWA AND JD
COMMUNICATIONS, INC.
WHEREAS, the City of Dubuque, Iowa (City) owns the real property described as
the Historic Federal Building, located at 350 West 6t" Street in the City of Dubuque,
Iowa; and
WHEREAS, City and JD Communication, Inc. have negotiated a Lease Agreement
for space in the Historic Federal Building, a copy of which Lease Agreement is on file at
the office of the City Clerk, City Hall, 13t" and Central Avenue, Dubuque, Iowa; and
WHEREAS, the City Council believes it is in the best interests of the City of
Dubuque to approve the Lease Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. The City of Dubuque intends to dispose of its interest in the foregoing-
described real property by Lease Agreement between City and JD Communication, Inc.
Section 2. 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's intent to dispose of the foregoing-described real property, to
be held on the 6t" day of April, 2009, at 6:30 o'clock p.m. at the Historic Federal Building,
Council Chambers, 350 W. 6t" Street, Dubuque, Iowa.
Passed, approved and adopted this 16t" day of March, 2007.
~~ ~~
Roy D.,!~uol, Mayor
ttest: Jeanne F. Schneider, City Clerk
F:\USERS\DHeiar\Federal Building\Reso for Juliens Journal Lease.docx
LEASE AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
JD COMMUNICATIONS, INC
This Lease Agreement (the Lease), dated for reference purposes the 17th day of
February, 2009, is entered into by and between the City of Dubuque, Iowa (Landlord)
whose address for the purpose of this Lease is 50 West 13t" Street, Dubuque, IA,
52001, and JD Communications, Inc. (Tenant) whose address for the purpose of this
Lease is P.O. Box 801, Dubuque, IA 52004-0801.
SECTION 1. PREMISES AN® TERM. The Landlord, in consideration of the rents,
agreements and conditions herein contained, leases to the Tenant and Tenant leases
from Landlord, according to the terms of this Lease, the following described premises
(the Leased Premises) situated in Dubuque County, Iowa:
® 835 sq. feet, second floor Federal Building, located at 350 West 6t" Street,
Dubuque, IA, 52001, Rooms 233, 233A and 234.
® Two reserved parking spaces in the Municipal lot at Fifth and Bluff Streets.
with the improvements thereon, and all rights, easements and appurtenances, which,
more particularly, includes the space and premises as may be shown on "Exhibit A," if
attached, for a term of five (5) years (the Term), commencing at midnight of the day
previous to the first day of the Lease Term, which shall be March 1, 2009, and ending at
midnight on the last day of the Lease Term, which shall be February 28, 2014, upon the
condition that the Tenant pays rent therefore, and otherwise performs as in this Lease
provided.
SECTI®N 2. R NTAL.. Tenant shall have free rent for the first year of the contract,
(March 1, 2009 -February 28, 2010). However, the tenant will be charged $74 for
parking during this time frame. Tenant agrees to pay to Landlord as rental for the
remaining Term, as follows: $909.00 per month, in advance, the first rent payment
becoming due on the 1St day of March, 2010, and the same amount, per month, in
advance, on the 1St day of each month thereafter, during the Term of this Lease. All
sums shall be paid at the address of Landlord, as above designated, or at such other
place in Iowa, or elsewhere, as the Landlord may, from time to time, designate in
writing. Delinquent payments shall draw interest at 9 % per annum from the due date,
until paid.
SECTI®N 3. P®SSESSI®N. Tenant shall be entitled to possession on the first day of
the Term of this Lease, and shall yield possession to Landlord at the end of the Term,
except as herein otherwise expressly provided. Should Landlord be unable to give
possession on said date, Tenant's only damages shall be a rebating of the pro rata
rental.
SECTIN 4. IJSE F REMIS S. Tenant covenants and agrees during the Term of
this Lease to use and to occupy the Leased Premises only for business use.
SECTION 5. QUIET ENJOYMENT. Landlord covenants that its estate in said Leased
Premises is in fee simple and that the Tenant, if not in default, shall peaceably have,
hold and enjoy the Leased Premises for the Term of this Lease. Landlord shall have
the right to mortgage all of its right, title, and interest in the Leased Premises at any time
without notice, subject to this Lease.
SECTION 6. EQUIPMENT, DECORATING, REPLACEMENT, REPAIR AND
MAINTENANCE.
6.1 Definitions.
(1) "Maintain" means to clean and keep in good condition.
(2) "Repair" means to fix and restore to good condition after damage, deterioration
or partial destruction.
6.2 Conditions of Premises.
(1) Tenant takes the Leased Premises in its present condition, except for such
repairs and alterations as may be expressly otherwise provided in this Lease.
6.3 Repairs and Maintenance.
(1) Landlord shall replace and repair the structural parts of the building. For
purposes of this Lease, the structural parts of the building shall mean the foundation,
exterior walls, load bearing components of interior floors and walls, the roof and all
sewers, pipes, wiring and electrical fixtures outside of the structure.
(2) Landlord shall be responsible for maintenance of all common area under
Landlord's control. Tenant shall be responsible for all maintenance within the Leased
Premises.
(3) Each party shall perform their responsibilities of repair and maintenance to the
end that the Leased Premises will be kept in a safe and serviceable condition. Neither
party will permit nor allow the Leased Premises to be damaged or depreciated in value
by any act, omission to act, or negligence of itself, its agents or employees.
6.4 Equipment, Decorating and Alterations.
(1) The space shall be used as an office. The landlord shall replace the window
coverings and provide access to high speed Internet. The landlord shall also put the
tenants name on the office door in the leased space.
(2) Any equipment, furnishings or fixtures to be supplied by Tenant shall be subject
to the Landlord's prior written approval as to quality and method of installation. Tenant
shall provide all trade equipment, furnishings and fixtures used in connection with the
operation of its business, such as telephones, computers, desks, chairs, shelving and
2
similar items.
(3) Tenant shall be responsible for all interior decorating. Tenant shall make no
structural alterations or improvements without the prior written consent of the Landlord.
6.5 Americans With Disabilities Act.
Tenant will make no unlawful use of the Leased Premises and agrees to comply with all
valid regulations of the Board of Health, City Ordinances, the laws of the State of Iowa
and the federal government, but this provision shall not be construed as creating any
duty by Tenant to members of the general public, provided, however, responsibility for
compliance with the Americans with Disabilities Act shall be performed and paid for by
the parties as follows:
Common areas Landlord: 100%
Tenants' area:
Initial compliance (specify) Landlord: 100%
Future compliance Landlord: 100%
SECTION 7. UTILITIES AND SERVICES. Utilities and services shall be furnished and
paid for by the parties as follows:
PROVIDED BY:
Electricity Landlord
Gas Landlord
Water and Sewer Landlord
Garbage/Trash Landlord
Phone access* Landlord
Janitor/Cleaning Tenant
Common areas Landlord
Other: Tenant
*Tenant buys phones and email system.
PAID BY:
Landlord % Tenant
100 0
100 0
100 0
100 0
100 0
0 100
100 0
0 100
SECTION 8. TERMINATION, SURRENDER OF PREMISES AT END OF TERM
-- REMOVAL OF FIXTURES.
8.1 Termination. This Lease shall terminate upon expiration of the original Term.
The tenant may terminate this Lease by giving not less than 60 day's written notice to
the Landlord with the day after the date of mailing such notice to the other party.
8.2 Surrender. Tenant agrees that upon termination of this Lease it will surrender
and deliver the Leased Premises in good and clean condition, except the effects of
ordinary wear and tear and depreciation arising from lapse of time, or damage without
fault or liability of Tenant.
8.3 Holding Over. Continued possession by Tenant, beyond the expiration of its
3
tenancy, coupled with the receipt of the specified rental by Landlord (and absent a
written agreement by both parties for an extension of this Lease, or for a new lease)
shall constitute a month to month extension of this Lease.
8.4 Removal of Fixtures. Tenant may, at the expiration of its tenancy, if Tenant is
not in default, remove any fixtures or equipment which Tenant has installed in the
Leased Premises, providing Tenant repairs any and all damages caused by removal.
SECTION 9. ASSIGNMENT AND SUBLETTING. Any assignment of this Lease
or subletting of the Leased Premises or any part thereof, without the Landlord's written
permission shall, at the option of the Landlord, make the rental for the balance of the
Lease Term due and payable at once. Such written permission shall not be
unreasonably withheld.
SECTION 10. INSURANCE.
10.1 Property Insurance. Landlord and Tenant agree to insure their respective real
and personal property for the full insurable value. Such insurance shall cover losses
included in the Insurance Services Official Broad Form Causes of Loss (formerly fire
and extended coverage).To the extent permitted by their policies. Landlord and Tenant
waive all rights of recovery against each other.
10.2 Liability and Indemnification. Lessee hereby agrees to hold harmless and
indemnify Lessor from all claims, loss, damage, actions, causes of action, expense and
or liability resulting from the use of the Leased Premises by Lessee, its employees,
agents, students and contractors.
10.3 Certificates Of Insurance. Prior to the time this Lease takes effect Tenant shall
provide Landlord with a certificate of insurance with these property and liability
insurance requirements of this Lease, and such certificate shall include 30 days
advance notice of cancellation to Landlord. A renewal certificate shall be provided prior
to expiration of the current policies.
10.4 Acts By Tenant. Tenant will not do or omit doing of any act which would
invalidate any insurance, or increase the insurance rates in force on the Leased
Premises.
10.5 Recommendations -Iowa Insurance Services Office. Tenant further agrees
to comply with recommendations of Iowa Insurance Services Office and to be liable for
and to promptly pay, as if current rental, any increase in insurance rates on said
premises and on the building of which said Leased Premises are a part, due to
increased risks or hazards resulting from Tenant's use of the Leased Premises
otherwise than as herein contemplated and agreed.
10.6 Copy of Lease to Insurer. Landlord and Tenant shall each provide a copy of
this Lease to their respective insurers.
4
SECTION 11. LIABILITY FOR DAMAGE. Each party shall be liable to the other
for all damage to the property of the other negligently, recklessly or intentionally caused
by that party (or their agents, employees or invitees), except to the extent the loss is
insured and subrogation is waived under the owner's policy.
SECTION 12. INDEMNITY. (see section 10.2)
SECTION 13. FIRE AND CASUALTY.
13.1 Partial Destruction of Premises. In the event of a partial destruction or
damage of the Leased Premises, which is a business interference which prevents the
conducting of a normal business operation and which damage is repairable within 60
days after its occurrences, this Lease shall not terminate but the rent for the Leased
Premises shall abate during the time of such business interference. In the event of a
partial destruction, Landlord shall repair such damages within 60 days of its occurrence
unless prevented from doing so by acts of God, government regulations, or other
causes beyond Landlord's reasonable control.
13.2 Zoning. Should the zoning ordinance of the municipality in which this property is
located make it impossible for Landlord to repair or rebuild so that Tenant is not able to
conduct its business on the Leased Premises, then such partial destruction shall be
treated as a total destruction as provided in the next paragraph.
13.3 Total Destruction of Business Use. In the event of a destruction or damage of
the Leased Premises including the parking area (if parking area is a part of this Lease)
so that Tenant is not able to conduct its business on the Leased Premises or the then
current legal use for which the Leased Premises are being used and which damages
cannot be repaired within 60 days, this Lease may be terminated at the option of either
the Landlord or Tenant. Such termination in such event shall be effected by written
notice of one party to the other, within 20 days after such destruction. Tenant shall
surrender possession within 10 days after such notice issues and each party shall be
released from all future obligations, and Tenant shall pay rent pro rata only to the date
of such destruction. In the event of such termination of this Lease, Landlord at its
option, may rebuild or not, at its discretion.
SECTION 14. CONDEMNATION.
14.1 Disposition of Awards. Should the whole or any part of the Leased Premises
be condemned or taken for any public or quasi-public purpose, each party shall be
entitled to retain, as its own property, any award payable to it. Or in the event that a
single entire award is made on account of the condemnation, each party will then be
entitled to take such proportion of said award as may be fair and reasonable.
14.2 Date of Lease Termination. If the whole of the Leased Premises shall be
condemned or taken, Landlord shall not be liable to Tenant except and as its rights are
preserved in paragraph 13.1 above.
SECTION 15. DEFAULT, NOTICE OF DEFAULT AND REMEDIES.
5
15.1 Events of Default.
(1) Each of the following shall constitute an event of default by Tenant:
(a) Failure to pay rent when due.
(b) Failure to observe or perform any duties, obligations, agreements or conditions
imposed on Tenant pursuant to terms of the Lease.
(c) Abandonment of the Leased Premises. "Abandonment" means Tenant has
failed to engage in its usual and customary business activities on the Leased Premises
for more than fifteen (15) consecutive business days.
(d) Institution of voluntary bankruptcy proceedings in which the Court orders relief
against the Tenant as a debtor; assignment for the benefit of creditors of the interest of
Tenant under this Lease agreement; appointment of a receiver for the property or affairs
of Tenant, where the receivership is not vacated within ten (10) days after the
appointment of the receiver.
15.2 Notice of Default. Landlord shall give Tenant a written notice specifying the
default and giving the Tenant ten (10) days in which to correct the default. If there is a
default (other than for nonpayment of a monetary obligation of Tenant, including rent)
that cannot be remedied in ten (10) days by diligent efforts of the Tenant, Tenant shall
propose an additional period of time in which to remedy the default. Consent to
additional time shall not be unreasonably withheld by Landlord. Landlord shall not be
required to give Tenant any more than three notices for the same default within any 365
day period.
15.3 Remedies. In the event Tenant has not remedied a default in a timely manner
following a Notice of Default, Landlord may proceed with all available remedies at law or
in equity, including but not limited to the following:
(1) Termination. Landlord may declare this Lease to be terminated and shall give
Tenant a written notice of such termination. In the event of termination of this Lease,
Landlord shall be entitled to prove claim for and obtain judgment against Tenant for the
balance of the rent agreed to be paid for the Term herein provided, plus all expenses of
Landlord in regaining possession of the Leased Premises and the reletting thereof,
including attorney's fees and court costs, crediting against such claim, however, any
amount obtained by reason of such reletting.
(2) Forfeiture. If a default is not remedied in a timely manner, Landlord may then
declare this Lease to be forfeited and shall give the Tenant a written notice of such
forfeiture, and may, at the time, give Tenant the notice to quit provided for in Chapter
648 of the Code of Iowa.
SECTION 16. RIGHT OF EITHER PARTY TO MAKE GOOD ANY DEFAULT OF
THE OTHER. If default shall be made by either party in the performance of, or
6
compliance with, any of the terms or conditions of this Lease, and such default shall
have continued for thirty (30) days after written notice thereof from one party to the
other, the person aggrieved, in addition to all other remedies now or hereafter provided
by law, may, but need not, perform such term or condition, or make good such default
and any amount advanced shall be repaid forthwith on demand, together with interest at
the rate of 9% per annum, from date of advance.
SECTION 17. SIGNS. Tenant shall not attach, paint or exhibit any signs on the
Leased Premises. The landlord will place lettering (name) on the office door (Julien's
Journal/JD Communications, Inc.) and will add tenants name to marquee in the building
lobby.
SECTION 18. MECHANIC'S LIENS. Neither Tenant nor anyone claiming by,
through, or under Tenant, shall have the right to file or place any mechanic's liens or
other lien of any kind or character whatsoever, upon said Leased Premises or upon any
building or improvement thereon, or upon the leasehold interest of Tenant, and notice is
hereby given that no contractor, sub-contractor, or anyone else who may furnish any
material, service or labor for any building, improvements, alteration, repairs or any part
thereof, shall at any time be or become entitled to any lien on the Leased Premises, and
for the further security of Landlord, Tenant covenants and agrees to give actual notice
thereof in advance, to any and all contractors and sub-contractors who may furnish or
agree to furnish any such material, service or labor.
SECTION 19. LANDLORD'S LIEN AND SECURITY INTEREST.
19.1 Landlord's Lien. Landlord shall have, in addition to any lien given by law, a
security interest as provided by the Uniform Commercial Code of Iowa, upon all
personal property and all substitutions thereof, kept and used on said Leased Premises
by Tenant. Landlord may proceed at law or in equity with any remedy provided by law
or by this Lease for the recovery of rent, or for termination of this Lease because of
Tenant's default in its performance.
SECTION 20. ENVIRONMENTAL.
20.1 Landlord. To the best of Landlord's knowledge to date:
(1) Neither Landlord nor Landlord's former or present tenants are subject to any
investigation concerning the Leased 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.
(2) Any handling, transportation, storage, treatment, or use of toxic or hazardous
substances that has occurred on the Leased Premises has been in compliance with all
applicable federal, state and local codes, rules and regulations.
(3) No leak, spill release, discharge, emission or disposal of toxic or hazardous
7
substances has occurred on the Leased Premises.
(4) The soil, groundwater, and soil vapor on or under the Leased Premises is free of
toxic or hazardous substances.
(5) Landlord shall assume liability and shall indemnify and hold Tenant harmless
against all liability or expense arising from any condition which existed, whether known
or unknown, at the time of execution of the Lease which condition is not a result of
actions of Tenant or which condition arises after date of execution but which is not a
result of actions of Tenant.
20.2 Tenant. Tenant expressly represents and agrees:
(1) During the Lease Term, Tenant's use of the Leased Premises will not include the
use of any hazardous substance without Tenant first obtaining the written consent of
Landlord. Tenant understands and agrees that Landlord's consent is at Landlord's sole
option and complete discretion and that such consent may be withheld or may be
granted with any conditions or requirements that Landlord deems appropriate.
(2) During the Lease Term, Tenant shall be fully liable for all costs and expenses
related to the use, storage, removal and disposal of hazardous substances used or kept
on the Leased Premises by Tenant, and Tenant shall give immediate notice to Landlord
of any violation or any potential violation of any environmental regulation, rule, statute or
ordinance relating to the use, storage or disposal of any hazardous substance.
(3) Tenant, at its sole cost and expense, agrees to remediate, correct or remove
from the Leased Premises any contamination of the property caused by any hazardous
substances which have been used or permitted by Tenant on the Leased Premises
during any term of this Lease. Remediation, correction or removal shall be in a safe
and reasonable manner, and in conformance with all applicable laws, rules and
regulations. Tenant reserves all rights allowed by law to seek indemnity or contribution
from any person, other than Landlord, who is or may be liable for any such cost and
expense.
(4) Tenant agrees to indemnify and hold Landlord harmless from and against all
claims, causes of action, damages, loss, costs, expense, penalties, fines, lawsuits,
liabilities, attorney fees, engineering and consulting fees, arising out of or in any manner
connected with hazardous substances, which are caused or created by Tenant on or
after the date of this Lease and during any term of this Lease, including, but not limited
to, injury or death to persons or damage to property, and including any diminution of the
value of any Leased Premises which may result from the foregoing. This indemnity
shall survive the cessation, termination, abandonment or expiration of this Lease.
SECTION 21. SUBSTITUTION OF EQUIPMENT, MERCHANDISE. ETC.
21.1 Tenant's Property. During its tenancy, Tenant shall have the right to sell or
otherwise dispose of any personal property of Tenant situated on the Leased Premises,
when in the judgment of Tenant it shall have become obsolete, outworn or unnecessary
8
in connection with the operation of the business on the Leased Premises; provided,
however, that Tenant shall, in such instance (unless no substituted article or item is
necessary) at its own expense, substitute for such items a new or other item in
substitution thereof, in like or greater value.
21.2 Inventory. Nothing herein contained shall be construed as denying to Tenant the
right to dispose of inventoried merchandise in the ordinary course of Tenant's trade or
business.
SECTION 22. RIGHTS CUMULATIVE. The various rights, powers, options,
elections and remedies of either party, provided in this Lease, shall be construed as
cumulative and no one of them as exclusive of the others, or exclusive of any rights,
remedies or priorities allowed either party by law, and shall in no way affect or impair
the right of either party to pursue any other equitable or legal remedy to which either
party may be entitled as long as any default remains in any way unremedied,
unsatisfied or undischarged.
SECTION 23. NOTICES AND DEMANDS. Notices as provided for in this Lease
shall be given to the respective parties hereto at the respective addresses designated
on page one of this Lease unless either party notifies the other, in writing, of a different
address. Without prejudice to any other method of notifying a party in writing or making
a demand or other communication, such message shall be considered given under the
terms of this Lease when sent, addressed as above designated, postage prepaid, by
certified mail deposited in a United States mail box.
SECTION 24. PROVISIONS TO BIND AND BENEFIT SUCCESSORS,
ASSIGNS, ETC. Each and every covenant and agreement herein contained shall
extend to and be binding upon the respective successors, heirs, administrators,
executors and assigns of the parties; except that if any part of this Lease is held in joint
tenancy, the successor in interest shall be the surviving joint tenant.
SECTION 25. CHANGES TO BE IN WRITING. None of the covenants,
provisions, terms or conditions of this Lease shall be modified, waived or abandoned,
except by a written instrument duly signed by the parties. This lease contains the whole
agreement of the parties.
SECTION 26. RELEASE OF DOWER. Spouse of Landlord appears as a
signatory to this Lease solely for the purpose of releasing dower, or distributive share,
unless said spouse is also a co-owner of an interest in the Leased Premises.
SECTION 27. CONSTRUCTION. Words and phrases herein, including
acknowledgment hereof, shall be construed as in the singular or plural number, and as
masculine, feminine or neuter gender according to the context.
9
LANDLORD
CITY OF DUBUQUE
By:
Michael C. Van Milligen
City Manager
F:\USERS\DHeiarlFederal Building\JD Communications Lease.doc
TENANT
JD COMMUNCATIONS
David Rusk
10
- RURtdIT~IRE
~CQtVD FLaOR PLAi+}
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OP {D OP GATE (MMroD1YYYV)
ACORD CERTIFICATE OF LIABILITY INSURANCE
JULIL-2 Os 04 O9
PROOUCea THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
TRICOR, Isis . - Dubuque HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
PO Box 1810 , 500 Iowa Street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Dubuque IA 52004-1810
Phone: 563-556-5441 Fax: 608-723-6440 INSURERS AFFORDING COVERAGE NAIC #
INSURED INSURERA ACUlt Insurance 14184
INSURER B:
Juliens Journal
Inc
JD Cosom nications
DSA INSURER c:
.
,
PO BOx ~Ol
4
080 INSURER D:
Dubuque IA 5200
-
1
INSURER E:
rnveoer_cc
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 ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFIGATE MAYBE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMBS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE MMlO DATE MMPIRA N LIMITS
GENERAL LIABILITY EACH OCCURRENCE S 1 , OOO , OOO
A X X COMMERCIAL GENERAL LIABILITY F18864 01/22/09 01/22/10 PREMISES ocurence S 100 OOO
CLAIMS MADE ~ OCCUR MED EXP (Any ono person) S 5 OOO
PERSONAL 8 ADV INJURY S 1 , QOO OOO
GENERAL AGGREGATE S 1 OOO OOO
GENLAGGREGATELIMITAPPLIESPER: PRODUCTS-COMP/OPAGG S1,000,OOO
POLICY PRO- LOC
JECT
AUTOMOBILE LIABILITY
COMBINED SINGLE LIMB
S 1 OOO OOO
A ANY AUTO F18864 01/22/09 01/22/10 (Eexeldent) r r
` ALL OWNED AUTOS
BODILY INJURY
S
SCHEDULED AUTOS (Per person)
X HIRED AUTOS BODILY INJURY
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X NON-0WNEDAUTOS (PeracGdent)
PROPERTY DAMAGE S
(Per aoddNlq
GARAGELUU3ILITY AUTO ONLY-EAACCIDENT $
ANY AUTO OTHER THAN EA ACC S
AUTO ONLY: AGG S
EXCESS/UMBRELLA LUU3B_ITY EACH OCCURRENCE S
OCCUR ~ CLAIMS MADE AGGREGATE E
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DEDUCTIBLE S
RETENTION S S
WORKERS COMPENSATION AND X TORY LIMITS ER
A EMPLOYERS'LIABKJTY
ANY PROPRIETORIPARTNER/EXECLrTNE F18864 01/22/09 01/22/10 E.L. EACH ACCIDENT a 100000
OFFICERlMEMBEREXCLUDED? E.LDISEASE-EAEMPLOYE S lOOOOO
M yes, desaibs under
SPECIAL PROVISIONS Belau
E.L. DISEASE -POLICY LIMB
s 500000
OTNER
A Property Section F18864 01/22/09 01/22/10
A E i nt Floate F18864 01/22/09 01/22/10
DESCRIPTION OF OPERATK1Nd 1 LOCATK)NE / VEHICLEd 1 EXCLUSIONS ADDED BY ENDORSEMENT / SPECULL PROVISK7NS
City of Dubuque is additional insured in regards to the qen liab. Coverage
is considered to be priBlary and non contributory incl ongoing and cosapl opJS.
A waiver of aubro applies to the qen liab & 1iPork Comp in favor of City of
Dbq. A waiver of govt ismunities applies in favor of the City of Dbq. 30-day
notice of cancellation applies. All overage provided per attached fo
rteenctr_eTO wnl nFa CANCELLATION
`.I rirYDa,~ SHOULD ANY OF THE ABOYE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
~1L DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3O DAYE WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO dHALI
City Of Dubuque IMPOSE NO OBLJGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
50 W. 13th St.
Dubuque IA 52001 REPREBENTA~T111E~. ruTw~ ` "
........o. ®ACORD CORPORATION 1988
,vvr.~ rv ~a~~r ..vv,
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the poiicy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION 1S WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
We have the right to recover our payments from
anyone liable for an injury covered by this policy. We
will not enforce our right against the person or or-
ganization named in the Schedule. This agreement
applies only to the extent that you perform work
WC 00 0313(4-84)
under a written contract that. requires you to obtain
this agreement from us.
This agreement shall not operate directly or indirectly
to benefit any one not named in the Schedule.
SCHEDULE
City of Dubuque
ADDITIONAL INSURED CITY OF DUBUQUE, IOWA
This endorsement modifies insurance provided under
the following:
BUSINESS AUTO COVERAGE FORM
COMMERCIAL GENERAL LIABILITY COVERAGE PART
BIS-PAK BUSINESS LIABILITY AND MEDICAL
EXPENSES COVERAGE FORM
7. The City of Dubuque, Iowa, including all its
elected and appointed officials, all its employ-
ees and volunteers, all its boards, commissions
and/or authorities and their board members,
employees and volunteers, are included as ad-
ditional insureds with respect to all work and
services performed for them. This coverage
shall be primary to the additional insureds and
not contributing with any other insurance or
similar protection available to the additional in-
sureds, whether other available coverage be
primary, contributing or excess.
2. The following applies when the City of Du-
buque, Iowa is named as an additional insured:
a. We expressly agree and state that the pur-
chase of this policy and the naming of the
City of Dubuque, Iowa as an additional in-
sured does not waive any of the defenses
of governmental immunity available to the
City of Dubuque, Iowa under the Code of
Iowa Section 670.4 as it now exists and as
it may be amended from time to time.
b. We further agree that this policy of insur-
ance shall cover only those claims not sub-
ject to the defense of governmental immu-
nity under the Code of Iowa Section 670.4
as it now exists and as it may be amended
IL-~oss(~-oz}
from time to time. Those claims not subject
to the Code of Iowa Section 670.4 shall be
covered by the terms and wnditions of this
policy.
c. The City of Dubuque, Iowa shall be respon-
sible for asserting any defense of govern-
mental immunity, and may do so at any
time and shall do so upon timely written
request by us.
d. We shall not deny coverage under this poli-
cy and we shall not deny any of the rights
and benefits accruing to the City of Du-
buque, Iowa under this policy for reasons of
governmental immunity unless and until a
court of competent jurisdiction has ruled in
favor of the defenses) of governmental im-
munity asserted by the City of Dubuque,
Iowa.
e. We and the City of Dubuque, Iowa agree
that the above preservation of governmental
immunities shall not otherwise change or
alter the coverage available under the poli-
cy.
3. We will give thirty (30) days advance written
notice of cancellation, nonrenewal, reduction in
coverage or limits and/or material change by
endorsement and ten (10) days written notice
for nonpayment of premium to: City of Dubuque
and Dubuque County, City Hall, 13th and Cen-
tral, Dubuque, IA 52001. This endorsement su-
persedes the standard cancellation statement
on the Certificate of Insurance to which this
endorsement is attached.