Slattery Center Lease_Montessor School, Flora ParkTO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Slattery Center Lease with Dubuque Montessori School
DATE: July 14, 2009
Leisure Services Manager Gil Spence recommends the City Council set a public
hearing for August 3, 2009, to consider leasing the Slattery Center in Flora Park to
Dubuque Montessori School.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Mi hael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Gil D. Spence, Leisure Services Manager
THE CITY OF Dubuque
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Masterpiece on the Mississippi
2007
TO: Michael C. Van Milligen, City Manager
FROM: Gil D. Spence, Leisure Services Manager
SUBJECT: Slattery Center Lease with Dubuque Montessori School
DATE: July 8, 2009
INTRODUCTION
The purpose of this memorandum is to request that the City Council set a public hearing
on August 3, 2009, to consider leasing the Slattery Center in Flora Park to Dubuque
Montessori School.
DISCUSSION
Dubuque Montessori School has leased the Slattery Center in Flora Park since 1984.
The first lease was for five years with afive-year renewal term. The lease was followed
in 1994 with a fifteen year lease. Combined, we have had atwenty-five year
relationship with the school that has worked very well for both parties.
This lease changes in the following ways:
• Base rent is calculated at $4.50 per square foot, paid for ten months ($10,065).
• The school will pay ten months worth of property taxes ($2,398).
• City staff will change light bulbs once per year. We have access to a lift that
makes this task much easier for us to do rather than the school.
City would pay all the utility costs for June and July. We now pay 50% of those
costs.
The City has use of the entire building for the months of June and July to conduct
summer recreation programs. This is why we have agreed to pay two months of
property taxes and all utility bills in June and July, and charge the school's rent based
on ten months of building use.
ACTION STEP
The action requested is that the City Council adopt the attached resolution setting a
public hearing on August 3, 2009, to consider leasing the Slattery Center to Dubuque
Montessori School.
GDS:jIr
attachment
Preparers Gil D. Spence Address: 2200 Bunker Hill Rd Phone: f563) 589-4263
RESOLUTION NO. 249-09
RESOLUTION OF INTENT TO DISPOSE OF AN INTEREST IN REAL PROPERTY BY LEASE
WITH THE DUBUQUE MONTESSORI SCHOOL, INC.
WHEREAS, the City of Dubuque, Iowa (City) is the owner of a part of the following Lots: Lot 1-1-1-2 and Lot 1-2-1-2 of
Mineral Lot 399A; Lot 1-1-1-1-1-2 and Lot 2-1-W1/2 Lot 4-1-1-2 in J.P. Mettel's Subdivision, all in the City of Dubuque,
Dubuque Co., Iowa (the Property);
AND WHEREAS, the Dubuque Montessori School, Inc. (School), desires to lease the Property to operate a Preschool
upon the terms set forth in a Lease now on file in the Office of the City Clerk at City Hall, Dubuque, Iowa, which Lease provides
among other things for a term of twenty-five years;
AND WHEREAS, the City Council has tentatively determined that it would be in the best interests of the City to enter
into the Lease with School.
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 Property as described in the Lease between
City and School.
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 Property, to be held on the 3rd
day of August, 2009, at 6:30 o'clock p.m. at the Historic Federal Building, 360 W. Sixth Street, Dubuque, Iowa.
Passed, approved and adopted this 20tday of
J u 1 y , 2009.
f
Roy D. Buol, Mayor
4
Attest:
J anne F. Schneider, CMC, City Clerk
PK
.,
LEASE AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
DUBUQUE MONTESSORI SCHOOL, INC.
THIS LEASE AGREEMENT (the "Lease") dated for reference purposes the
day of , 2009, between the City of Dubuque, Iowa, a municipal
corporation (Lessor) and Dubuque Montessori School, Inc. an Iowa Corporation
(Lessee).
SECTION 1. DEMISE AND TERM
1.1. In consideration of the rents hereinafter reserved and the terms, covenants,
conditions and agreements set forth in this Lease, Lessor hereby leases to Lessee the
real property shown on Exhibit A, attached hereto, located in the following described
real property in Dubuque County, Iowa:
A part of the following Lots:
Lot 1-1-1-2 and Lot 1-2-1-2 of Mineral Lot 399A;
Lot 1-1-1-1-1-2 and Lot 2-1-W1/2 Lot 4-1-1-2 in J.P. Mettel's Subdivision,
all in the City of Dubuque, Dubuque Co., la.
together with any and all easements and appurtenances thereto and subject to any
easements and restrictions of record (the "Demised Premises"), to have and to hold for
a term of twenty (20) years commencing on August 1, 2009 and terminating at 11:59
p.m. on July 31, 2029, subject to all of the terms, covenants, conditions and
agreements contained herein.
1.2. Termination. In the event either party shall fail to keep, perform and observe in a
timely and proper manner any of its covenants or obligations under this Lease
Agreement and any such violation shall not be cured or remedied within thirty (30) days
after the date the party receives written notice from the other party of such failure or
violation (or, if not practicable to cure or remedy such failure or violation within such
thirty-day period, within such longer period as shall be reasonable under the
circumstances, and as shall be specified in such notice), then, in such event, the other
party may, at its option, terminate this Lease Agreement, by written notice to the other.
Upon termination, Lessor shall have the right to enter the Demised Premises and to
assume exclusive use and control of the Demised Premises.
Upon termination of this Lease Agreement, for any cause whatsoever, Lessee,
at the option of Lessor, agrees to surrender possession of the Demised Premises in its
condition as when first leased, or to restore the Demised Premises to substantially the
same condition, ordinary wear and tear excepted.
070709ba1 _1_
1.3. Closing Date. On the Closing Date, Lessor shall transfer possession of the
Demised Premises pursuant to this Lease.
1.4. Condition of Property. Lessor shall deliver the Demised Premises in its "as is"
condition.
1.5 Closing. The closing shall take place on or before August 1, 2009 (the Closing
Date), or such other date as the parties may agree in writing. Exclusive possession of
the Property shall be delivered to Lessee on the Closing Date in its current condition
and in compliance with this Lease. Consummation of the closing shall be deemed an
agreement of the parties to this Lease that the conditions of closing have been satisfied
or waived.
SECTION 2. RENT
Lessee shall pay Lessor (in addition to taxes, assessments, and other charges required
to be paid under this Lease by Lessee) rent for the Demised Premises of Ten
Thousand Sixty-Five Dollars ($10,065.00) for the first year of this Lease (the "Base
Rent"). Base rent is calculated for the ten month period that Lessee occupies the
Leased Premises as follows:
2,684 square feet at $4.50 per square foot equals $12,078.
$12,078/12 months equals $1,006.50/month.
$1,006.50/month x 10 months equals $10,065.
Base rent will be paid in 12 monthly installments, payable as follows: $838.75 on or
before August 10, 2009, and $838.75 on or before the 10t" day of each month
thereafter.
The annual rental for each ear thereafter, in equal monthly installments, payable in
advance, on or before the 10"day of each month, shall be adjusted as follows:
First Year of Lease Term (2009-2010)
$ 10,065.00 (the Base Rent)
Second Year of Lease Term (2010-2011)
$ 10,065.00 x COL June 1, 2010
COL June 1, 2009
Third Year of Lease Term (2011-2012)
$ 10,1065.00 x COL June 1, 2011
COL June 1, 2009
Fourth Year of Lease Term (2012-2013)
070709ba1 -2-
$ 10,065.00 x COL June 1, 2012
COL June 1, 2009
Fifth Year of Lease Term (2013-2014)
$ 10,065.00 x COL June 1, 2013
COL June 1, 2009
Sixth Year of Lease Term (2014-2015)
$ 10,065.00 x COL June 1, 2014
COL June 1, 2009
Seventh Year of Lease Term (2015-2016)
$ 10,065.00 x COL June 1, 2015
COL June 1, 2009
Eighth Year of Lease Term (2016-2017)
$ 10,065.00 x COL June 1, 2016
COL June 1, 2009
Ninth Year of Lease Term (2017-2018)
$ 10,065.00 x COL June 1, 2017
COL June 1, 2009
Tenth Year of Lease Term (2018-2019)
$ 10,065.00 x COL June 1, 2018
COL June 1, 2009
Eleventh Year of Lease Term (2019-2020)
$ 10,065.00 x COL June 1, 2019
COL June 1, 2009
Twelfth Year of Lease Term (2020-2021)
$ 10,065.00 x COL June 1, 2020
COL June 1, 2009
Thirteenth Year of Lease Term (2021-2022)
$ 10,065.00 x COL June 1, 2021
070709ba1 _3_
COL June 1, 2009
Fourteenth Year of Lease Term (2022-2023)
$ 10,065.00 x COL June 1, 2022
COL June 1, 2009
Fifteenth Year of Lease Term (2023-2024)
$ 10,065.00 x COL June 1, 2023
COL June 1, 2009
Sixteenth Year of Lease Term (2024-2025)
$ 10,065.00 x COL June 1, 2024
COL June 1, 2009
Seventeenth Year of Lease Term (2025-2026)
$ 10,065.00 x COL June 1, 2025
COL June 1, 2009
Eighteenth Year of Lease Term (2026-2027)
$ 10,065.00 x COL June 1, 2026
COL June 1, 2009
Nineteenth Year of Lease Term (2027-2028)
$ 10,065.00 x COL June 1, 2027
COL June 1, 2009
Twentieth Year of Lease Term (2028-2029)
$ 10,065.00 x COL June 1, 2028
COL June 1, 2009
COL is the Consumer Price Index for all items for Urban Wage Earners, published. by
the United States Department of Labor.
In no event, however, shall the rental for any year be less than the rent for the
immediately preceding year.
SECTION 3. TITLE TO IMPROVEMENTS AND TRADE FIXTURES
070709ba1 _4_
3.1. Trade Fixtures. For the purposes of this Lease, "Trade Fixtures" shall mean all
of Lessee's personal property located on the Demised Premises used in Lessee's
business. Title to Lessee's trade fixtures (the "Trade Fixtures") are and shall be the
sole and exclusive property of Lessee during the term of this Lease and shall remain
the sole and exclusive property of Lessee after the expiration or termination of this
Lease, for whatever reason. Lessor acknowledges and understands that it shall have
no right, title, or interest in or to Lessee's Trade Fixtures either during the term of this
Lease, or thereafter (except as hereinafter provided). Lessor acknowledges and agrees
that Lessee shall have the right to encumber, sell, or hypothecate Lessee's Trade
Fixtures, to remove them from the Demised Premises, or to otherwise deal with all or
any portion of such Lessee's Trade Fixtures, at Lessee's sole discretion. Provided
further, that upon ten (10) days' prior written notice to Lessor, Lessor shall prepare and
deliver to Lessee a certificate in recordable form stating that Lessor has no interest or
right in or to Lessee's Trade Fixtures, as well as any other or further document which
Lessee may reasonably request from Lessor.
3.1 Lessee Improvements. All Lessee Improvements hereafter constructed on the
Demised Premises are and shall be the property of Lessee during the term of this
Lease and no longer. Upon any termination of this Lease, by reason of any cause
whatsoever, if the Lessee Improvements or any part thereof shall then be on the
Demised Premises, all of Lessee's right, title, and interest therein shall cease and
terminate, and title to the Lessee Improvements shall vest in Lessor, and the
Improvements or the part thereof then within the Demised Premises shall be
surrendered by Lessee to Lessor. No further deed or other instrument shall be
necessary to confirm the vesting in Lessor of title to the Lessee Improvements.
However, upon any termination of this Lease, Lessee, upon request of Lessor, shall
execute, acknowledge and deliver to Lessor a quitclaim deed confirming that all of
Lessee's right, title and interest in or to the Lessee Improvements and that title to the
Lessee Improvements has vested in Lessor. Notwithstanding the foregoing, Lessor at
its option may require Lessee to remove the Lessee Improvements from the Demised
Premises at Lessee's sole expense upon 120 days' written notice to Lessee, and
Lessee shall have ninety (90) days after the termination of this Lease to complete such
removal. If Lessee fails to remove the Lessee Improvements within such ninety day
period, Lessor may cause the Lessee Improvements to be removed and Lessee shall
pay the costs of such removal within thirty (30) days of receipt of a statement therefore
from Lessor.
3.2. Signage. Lessee shall not place any signage on the Demised Premises without
the prior written approval of Lessor's City Manager in the City Manager's sole
discretion.
SECTION 4. ENCUMBRANCE OF LESSEE'S LEASEHOLD INTEREST
4.1. Lessee's right to encumber leasehold interest. Lessee shall not encumber by
mortgage, deed of trust, or any other instrument, its leasehold interest and estate in the
Demised Premises.
070709ba1 _5_
SECTION 5. TAXES AND UTILITIES
5.1. Lessee agrees to pay to Lessor monthly with the rent payment required by
Section 2 an annual amount equal to ten-twelfths (10/12) of the real estate taxes upon
the real estate of the Demised Premises that become payable during the term hereof.
Lessee shall further provide to Lessor official receipts of the appropriate taxing authority
or other evidence satisfactory to Lessor evidencing payment thereof.
5.2. The Lessee further agrees to pay all other taxes, rates, charges, levies and
assessments, general and special, of every name, nature and kind, whether now known
to the law or hereafter created which may be taxed, charged, assessed, levied or
imposed upon said real estate, any buildings or improvements thereon which may be
taxed, charged, assessed, levied or imposed upon the leasehold estate hereby created
and upon the reversionary estate in said real estate during the term hereof, and all such
other taxes, rates, charges, levies and assessments shall be paid by Lessee as they
become due and before they become delinquent.
5.3. Lessee agrees to timely pay all taxes, assessments or other public charges
levied or assessed by lawful authority (but reasonably preserving Lessee's rights of
appeal) against its personal property on the premises, during the term of this Lease.
5.4. Nothing herein shall require Lessee to pay any of Lessor's income taxes,
surtaxes, excess profit taxes or any taxes on the rents reserved to Lessor hereunder.
5.5. Lessee shall at all times have the right to contest in good faith, in any proper
proceedings, in the name of Lessor if necessary, the payment or satisfaction of any
such taxes, assessments, rates, charges or levies so agreed to be paid by Lessee, if
the validity thereof, or the right to assess or levy the same against or collect the same
from said Demised Premises or improvements, shall be disputed. Upon the conclusion
of any such suit or proceedings, or not less than three (3) months prior to the date when
the right to redeem therefrom expires, whichever will be the earlier, Lessee will promptly
pay and satisfy such disputed tax, assessment or other charge as finally determined,
together with all expenses, costs and attorneys' fees whatsoever incurred in connection
therewith.
5.6. Lessee shall pay all utilities in connetion with the use of the property.
SECTION 6. REPAIRS /MAINTENANCE
Lessee shall at all times during the term of this Lease, at Lessee's own costs and
expense, keep the interior of the Demised Premises and the Lessee Improvements
thereon, and appurtenances to the Demised Premises, in good order, condition, and
repair, casualties and ordinary wear and tear excepted. Upon reasonable notice to
Lessee, Lessor may, at its discretion, conduct an annual inspection of the Demised
Premises to determine Lessee's compliance with this Article VI. Lessor shall maintain
070709ba1 -(-
Lessor's parking lots but shall have no obligation to plow snow in the parking lots. Snow
plowing of the parking lots (upper and lower) shall be Lessee's responsibility at its
expense if Lessee intends to use the parking lots. Lessee shall also remove snow and
ice from steps and sidewalks leading to the building.
The Lessor shall at all times during the term of this Lease, at Lessor's own cost and
expense, keep the exterior of the Demised Premises in good order, condition and
repair, including heating and air conditioning systems. The Lessor also agrees to
change light bulbs once per year; bulbs supplied by Lessee.
SECTION 7. COMPLIANCE WITH LAW
7.1. During the term of this Lease, Lessee shall comply with all applicable laws
applicable to Lessee's use of the Demised Premises, the breach of which might result
in any penalty on Lessor or forfeiture of Lessor's title to the Demised Premises.
7.2. Lessee shall not commit waste on the Demised Premises except as necessary
for the removal or construction of any buildings and Lessee Improvements on the
Demised Premises.
SECTION 8. LEISURE SERVICES DEPARTMENT USE
During the months of June, July and the first week of August, the entire Demised
Premises, exclusive of storage rooms, office, kitchen and balcony (for storage), shall be
available for use by Lessor all day, every day. In the event that Lessor does not require
use of all available areas during such designated months, Lessee may utilize such
areas with the written consent of Lessor. Lessor shall pay to Lessee for such usage
one hundred percent (100%) of the electric bill during the time Lessor uses the
Demised Premises. Lessor shall replace light bulbs one time per year. Lessee shall
remove all equipment, supplies, and carpet from the Demises Premises upon request
of Lessor's Leisure Services Manager.
SECTION 9. USE OF DEMISED PREMISES
Lessee agrees that during the term of this Lease, the use of the Demised Premises
shall be exclusively for preschool activities consistent with the goals of Lessee, and for
activities sponsored or cosponsored by Lessor's Leisure Services Department. Lessee
shall not allow the Demised Premises to be used by any other individuals, groups,
organizations or agencies without the prior written consent of Lessor's Park and
Recreation Commission or Lessor's Leisure Services Manager. Lessee shall procure
and maintain all necessary permits and licensing, as required by law, to operate a
preschool.
SECTION 10. INSURANCE
070709ba1 _']_
10.1. Lessee shall at all times during the term of this Lease maintain insurance on the
Demised Premises of the following character:
(1) Insurance against loss or damage by fire and other risks and perils from
time to time included under standard extended coverage endorsements in an amount
equal to not less than ninety percent (90%) of the replacement value of the Demised
Premises and the Lessee Improvements.
(2) Insurance as set forth in the Lessor's standard Insurance Schedule for
Lessees of City Property, as such uniform, standardized schedule may from time to
time be amended. The current Insurance Schedule is attached to this Lease
Agreement as Insurance Schedule A.
10.2. Such insurance shall be written by companies legally qualified to issue such
insurance in the State of Iowa and such insurance shall name as the insured parties
thereunder, Lessor, or its assigns, and Lessee, as their interests may appear. Lessor
shall not be required to prosecute any claim against any insurer or to contest any
settlement proposed by any insurer, provided that Lessee may, at its cost and expense,
prosecute any such claim or contest any such settlement, and in such event Lessee
may bring any such prosecution or contest in the name of Lessor, Lessee, or both, and
Lessor shall cooperate with Lessee and will join therein at Lessee's written request
upon receipt by Lessor of an indemnity from Lessee against all costs, liabilities, and
expenses in connection with such cooperation, prosecution, or contest.
10.3. Lessee shall deliver to Lessor promptly after the execution and delivery of this
Lease the original or duplicate policies or certificates of insurers satisfactory to Lessor
evidencing all the insurance which is then required to be maintained by Lessee
hereunder, and Lessee shall, within 30 days prior to the expiration of any such
insurance, deliver other original or duplicate policies or other certificates of the insurers
evidencing the renewal of such insurance. Should Lessee fail to effect, maintain, or
renew any insurance provided for herein, or to pay the premium therefor, or to deliver to
Lessor any of such policies or certificates, Lessor, at its option, but without obligation so
to do, may procure such insurance, and any sums expended by it to procure such
insurance shall be additional rent hereunder and shall be repaid by Lessee within 30
days following the date on which demand therefor shall be made by Lessor. Such
insurance policy(ies) shall contain a provision that such policy(ies) shall not be canceled
or reduced in scope without thirty (30) days prior written notice to Lessor.
10.4. Each party shall look first to any insurance in its favor before making any claim
against the other party for recovery for loss or damage resulting from fire or other
casualty, and to the extent that such insurance is in force and collectible and to the
extent permitted by law, Lessor and Lessee each hereby releases and waives all right
of recovery against the other or anyone claiming through or under each of them by way
of subrogation or otherwise. The foregoing release and waiver shall be in force only if
both releasors' insurance policies contain a clause providing that such a release or
waiver shall not invalidate the insurance, and also provided that such policies can be
070709ba1 _g_
obtained without additional premiums. Lessee acknowledges that Lessor will not carry
insurance on Lessee's furniture and/or furnishings or any trade fixtures or equipment,
improvements, or appurtenances removable by Lessee or Lessee's leasehold
improvements and agrees that Lessor will not be obligated to repair any damage
thereto or replace the same.
10.5. Lessee shall notify Lessor immediately in the case of damage exceeding
$10,000.00 in amount to, or destruction of, any Lessee Improvements or any portion
thereof resulting from fire or other casualty. Net proceeds of any such insurance (Net
Proceeds), shall be paid directly to Lessee as its interests may appear, and Lessee
shall forthwith repair, reconstruct and restore the Lessee Improvements to substantially
the same or an improved condition or value as they existed prior to the event causing
such damage and, to the extent necessary to accomplish such repair, reconstruction
and restoration, Lessee shall apply the Net Proceeds of any insurance relating to such
damage received by Lessee to the payment or reimbursement of the costs thereof,
subject, however, to the terms of any mortgage encumbering title to the Demised
Premises (as its interests may appear). Lessee shall complete the repair,
reconstruction and restoration of the Lessee Improvements whether or not the Net
Proceeds of insurance received by Lessee for such purposes are sufficient.
SECTION 11. LESSOR'S WARRANTIES AND REPRESENTATIONS
11.1. Lessor's Representation Of Good Title. Lessor covenants and warrants that its
is lawfully seized in fee simple of the Demised Premises, and that it has full right and
authority to enter into this Lease for the full term hereof, and covenants and agrees that
upon paying the rent provided for herein, and upon Lessee's performing the covenants
and agreements of this Lease required to be performed by said Lessee, that it will have,
hold and enjoy quiet possession of the Demised Premises. Lessor warrants to Lessee
that the Demised Premises are properly zoned for the conduct of the operation of
Lessee's business.
11.2. Lessor covenants and agrees that Lessee shall have no responsibility for or
liability arising from any Hazardous Substance which was in, on or about the Demised
Premises prior to the commencement date of this Lease ("Prior Hazardous
Substances") or which leach or migrate upon the Demised Premises from any property
owned by Lessor or their affiliates ("Lessor Hazardous Substances").
11.3. For the purposes of this Lease, "Hazardous Substance" or "Hazardous
Substances" means any hazardous or toxic substance, material or waste which is or
becomes regulated by any local government, the State of Iowa or the United States
Government. It includes, without limitation, any material or substance that is (i) defined
as a "hazardous substance" or "hazardous waste" under Chapter 455B, Iowa Code, (ii)
petroleum and petroleum products, (iii) asbestos, (iv) designated as a "hazardous
substance" pursuant to Section 311 of the Federal Water Pollution Control Act (33
U.S.C. §1321), (v) defined as a "hazardous waste pursuant to §1004 of the Federal
Resource Conservation and Recovery Act, 42 U.S.C. §6901 et seq., (vi) defined as a
070709ba1 _9_
"hazardous substance" pursuant to §101 of the Comprehensive Environmental
Response, Compensation and Liability Act, U.S.C. §9601 et seq., or (vii) defined as a
"regulated substance" pursuant to Subchapter IX, Solid Waste Disposal Act (Regulation
of Underground Storage Tanks), 42 U.S.C. §6991 et seq.
SECTION 12. INDEMNIFICATION
12.1. Indemnification of Lessor. Except as otherwise provided herein, Lessee shall
protect, indemnify, and save harmless Lessor from and against all liabilities, obligations,
claims, damages, penalties, causes of action, costs and expenses (including, without
limitation, reasonable attorneys' fees and expenses) imposed upon or incurred by or
asserted against Lessor by reason of (a) any accident, injury to, or death of persons or
loss of or damage to property occurring on or about the Demised Premises during the
term of this Lease and resulting from any act or omission of Lessee or anyone claiming
by, through, or under Lessee 'during the term of the Lease; and (b) any failure on the
part of Lessee to perform or comply with any of the terms of this Lease. In case any
action, suit, or proceeding is brought against Lessor by reason of such occurrence,
Lessee will, at Lessee's expense, resist and defend such action, suit, or proceeding, or
cause the same to be resisted and defended by counsel approved by Lessor.
12.2. Indemnification of Lessor. Except as otherwise provided herein, Lessor shall
protect, indemnify, and save harmless Lessee from and against all liabilities,
obligations, claims, damages, penalties, causes of action, costs and expenses
(including, without limitation, reasonable attorneys' fees and expenses) imposed upon
or incurred by or asserted against Lessee by reason of (a) any accident, injury to, or
death of persons or loss of or damage to property occurring on or about the Demised
Premises during the term of this Lease and resulting from any act or omission of Lessor
or anyone claiming by, through, or under Lessor during the term of the Lease; and (b)
any failure on the part of Lessor to perform or comply with any of the terms of this
Lease. In case any action, suit, or proceeding is brought against Lessee by reason of
such occurrence, Lessor will, at Lessor's expense, resist and defend such action, suit,
or proceeding, or cause the same to be resisted and defended by counsel approved by
Lessee.
SECTION 13. CONDEMNATION
13.1. Entire Condemnation. If at any time during the term of this Lease all or
substantially all of the Demised Premises or the improvements thereon shall be taken in
the exercise of the power of eminent domain by any sovereign, municipality, or other
public or private authority, then this Lease shall terminate on the date of vesting of title
in such taking and any prepaid rent shall be apportioned as of said date. Substantially
all of the Demised Premises and the improvements thereon shall be deemed to have
been taken if the remaining portion of the Demised Premises shall not be of sufficient
size to permit Lessee to operate its business thereon in a manner similar to that prior to
such taking.
070709ba1 -10-
13.2. Allocation of Award. Any award for such taking of all or substantially all of the
Demised Premises shall be paid to the parties hereto in accordance with the following:
(1) To Lessor, the amount of the award attributable to the Demised Premises,
determined as if this Lease was not in effect at the time of such award, excluding
therefrom the amount of the award attributable to the improvements, and all other sums
not directly attributable to the value of the Land constituting the Demised Premises.
(2) To Lessee, the entire award except that portion allocated to Lessor above,
including but not limited to, the value of the improvements plus any other amount
assessed for Lessee.
13.3. Partial Condemnation.
(1) If less than all or substantially all of the Demised Premises or the
improvements thereon shall be taken in the exercise of the power of eminent domain by
any sovereign, municipality, or other public or private authority, then Lessee, at its
option, may elect to continue this Lease in full force and effect or terminate this Lease.
If Lessee shall elect to maintain this Lease in full force and effect, the entire award for
such partial condemnation shall be paid over to Lessee, and Lessee shall proceed with
reasonable diligence to carry out any necessary repair and restoration so that the
remaining improvements and appurtenances shall constitute a complete structural unit
or units which can be operated on an economically feasible basis under the provisions
of this Lease. In the event Lessee elects to continue this Lease in full force and effect
after a partial condemnation, there shall be no abatement in the Basic Rent Lessee is
required to pay hereunder.
(2) Should Lessee elect to terminate this Lease upon a partial condemnation,
Lessee shall provide Lessor with written notice of such election within thirty (30) days
after the date of vesting of title for such taking. Lessee shall specify in such written
notice the date on which this Lease shall terminate, which date shall be not less than 60
days nor more than 360 days after delivery of such notice to Lessor (the Termination
Date). In the event Lessee terminates this Lease, as provided for in this Section 13.3,
Lessee shall be entitled to the entire award for such partial taking.
13.4. Temporary Taking. If the temporary use of the whole or any part of the
Demised Premises or the Lessee Improvements thereon or the appurtenances thereto
shall be taken at any time during the term of this Lease in the exercise of the power of
eminent domain by any sovereign, municipality, or other authority, the term of this
Lease shall not be reduced or affected in any way, and Lessee shall continue to pay in
full the rent, additional rent, and other sum or sums of money and charges herein
reserved and provided to be paid by Lessee, and the entire award for such temporary
taking shall be paid to Lessee. Lessee shall repair and restore any and all damage to
the Demised Premises and the improvements as soon as reasonably practicable after
such temporary taking.
070709ba1 -11-
SECTION 14. ASSIGNMENT AND SUBLETTING
Lessee shall not assign or transfer this Lease or sublease the whole or any part of the
Demised Premises without the prior written consent of Lessor.
SECTION 15. DEFAULT
15.1. Lessor's Rights in the Event of Lessee's Default. If Lessee shall fail or neglect
to observe, keep, or perform any of the covenants, terms, or conditions contained in
this Lease on its part to be observed, kept, or performed, and the default shall continue
for a period of thirty (30) days after written notice from Lessor setting forth the nature of
Lessee's default (it being intended that in connection with a default not susceptible of
being cured with diligence within thirty (30) days, the time within which Lessee has to cure
the same shall be extended for such period as may be necessary to complete the same
with all due diligence), then and in any such event, Lessor shall have the right at its
option, on written notice to Lessee, to terminate this Lease and all rights of Lessee
under this Lease shall then cease. Lessor, without further notice to Lessee, shall have
the right immediately to enter and take possession of the Demised Premises with or
without process of law and to remove all personal property from the Demised Premises
and all persons occupying the Demised Premises and to use all necessary force
therefor and in all respects to take the actual, full, and exclusive possession of the
Demised Premises and every part of the Demised Premises as of Lessor's original
estate, without incurring any liability to Lessee or to any persons occupying or using the
Demised Premises for any damage caused or sustained by reason of such entry on the
Demised Premises or the removal of persons or property from the Demised Premises.
15.2. Rights of Holder of Encumbrance in Event Lessee Defaults. If Lessee fails or
neglects to observe, keep, or perform any of the covenants, terms, or conditions
contained in this Lease on its part to be observed, kept, or performed, the Holder of any
indebtedness secured by an encumbrance on the leasehold estate under this Lease
shall have thirty (30) days after receipt of written notice from Lessor setting forth the
nature of Lessee's default and a reasonable time thereafter if it shall have commenced
foreclosure or other appropriate proceedings in the nature thereof within such thirty (30)
days and is diligently prosecuting such proceedings, within which to endeavor to make
good or remove the default or cause for termination of the Lease. All right of Lessor to
terminate this Lease on the failure or neglect of Lessee to observe, keep, and perform
the covenants, terms, and conditions of this Lease, is, and shall continue to be, at all
times prior to payment in full of the indebtedness to the Holder of Lessee, subject to,
and conditioned on, Lessor's having first given the Holder written notice thereof and the
Holder having failed to cause the default or cause for termination to be made good or
removed within thirty (30) days after receiving written notice of default or cause for
termination or within a reasonable time thereafter if it shall have commenced
foreclosure or other appropriate proceedings in the nature of foreclosure within such
thirty (30) days and is diligently prosecuting such proceedings. In the event that the
Lease is terminated due to the Lessee's bankruptcy, insolvency or other proceedings,
and in the event the Holder has complied with the terms of this Section 15.2, then
070709ba1 -12-
Lessor at Holder's option, shall enter into a new lease with Holder or the successful
bidder at foreclosure on the same terms as this Lease, for the term then remaining, and
specifically preserving all unexercised options.
15.3 Lessee's Rights in the Event of Lessor's Default. If Lessor shall fail or neglect
to observe, keep or perform any of the material covenants, terms or conditions
contained in this Lease on its part to be observed, kept or performed, and the default
shall continue for a period of thirty (30) days after written notice from Lessee setting
forth the nature of Lessor's default, it being intended that in connection wtih a default
not susceptible of being cured with diligence within thirty (30) days, the time within
which Lessor has to cure the same shall be extended for such period as may be
necessary to complete the same with all due diligence, but in no event longer than
ninety (90) days, then and in any such event, Lessee shall have all rights available to it
provided by law or equity.
SECTION 16. RIGHT TO CURE OTHER'S DEFAULTS
Whenever and as often as a party shall fail or neglect to comply with and perform any
term, covenant, condition, or agreement to be complied with or performed by such party
hereunder, then, upon thirty (30) days' prior written notice to such defaulting party, the
other party, at such other party's option, in addition to all other remedies available to
such other party, may perform, or cause to be performed, such work, labor, services,
acts, or things, and take such other steps, including entry onto the Demised Premises
and the Lessee Improvements thereon, as such other party may deem advisable, to
comply with and perform any such term, covenant, condition, or agreement which is in
default, in which event such defaulting party shall reimburse such other party upon
demand, and from time to time, for all costs and expenses suffered or incurred by such
other party in so complying with or performing such term, covenant, condition, or
agreement. The commencement of any work or the taking of any other steps or
performance of any other act by such other party pursuant to the immediately preceding
sentence shall not be deemed to obligate such other party to complete the curing of any
term, covenant, condition, or agreement which is in default.
SECTION 17. QUIET ENJOYMENT
Lessor covenants that at all times during the term of this Lease, so long as Lessee is
not in default hereunder, Lessee's quiet enjoyment of the Demised Premises or any
part thereof shall not be disturbed by any act of Lessor, or of anyone acting by, through,
or under Lessor.
SECTION 18. WAIVER
No waiver by Lessor of any breach by Lessee of any term, covenant, condition, or
agreement herein and no failure by Lessor to exercise any right or remedy in respect of
any breach hereunder, shall constitute a waiver or relinquishment for the future of any
such term, covenant, condition, or agreement or of any subsequent breach of any such
070709ba1 -13-
term, covenant, condition, or agreement, nor bar any right or remedy of Lessor in
respect of any such subsequent breach, nor shall the receipt of any rent, or any portion
thereof, by Lessor, operate as a waiver of the rights of Lessor to enforce the payment of
any other rent then or thereafter in default, or to terminate this Lease, or to recover the
Demised Premises, or to invoke any other appropriate remedy which Lessor may select
as herein or by law provided.
SECTION 19. SURRENDER
Unless otherwise agreed, Lessee shall, on the last day of the term of this Lease or
upon any termination of this Lease hereof, surrender and deliver up the Demised
Premises, with the improvements then located thereon into the possession and use of
Lessor, without fraud or delay and in good order, condition, and repair, free and clear of
all lettings and occupancies, free and clear of all liens and encumbrances other than
those existing on the date of this Lease and those, if any, created by Lessor, without
(except as otherwise provided herein) any payment or allowance whatever by Lessor on
account of or for any buildings and improvements erected or maintained on the
Demised Premises at the time of the surrender, or for the contents thereof or
appurtenances thereto. At Lessor's option, Lessee shall remove any or all of the
Lessee Improvements located on the Demised Premises. Provided, however, that
Lessee's Trade Fixtures, personal property, and other belongings of Lessee or of any
sublessee or other occupant of space in the Demised Premises shall be and remain the
property of Lessee, and Lessee shall have a reasonable time after the expiration of the
term of this Lease to remove the same.
SECTION 20. MEMORANDUM OF LEASE
Each of the parties hereto will, promptly upon request of the other, execute a
memorandum of this Lease in form suitable for recording setting forth the names of the
parties hereto and the term of this Lease, identifying the Demised Premises, and also
including such other clauses therein as either party may desire, except the amounts of
Basic Rent payable hereunder.
SECTION 21. NOTICES
21.1. All notices, demands, or other writings in this Lease provided to be given or
made or sent, or which may be given or made or sent, by either party to the other, shall
be deemed to have been fully given or made or sent when made in writing and
deposited in the United States mail, registered and postage prepaid, and addressed as
follows:
TO LESSOR: City Manager
City of Dubuque, Iowa
50 West 13th Street
Dubuque, Iowa 52001
070709ba1 -14-
TO LESSEE: Dubuque Montessori School, Inc.
2605 Pennsylvania Avenue
Dubuque, IA 52001
21.2. The address to which any notice, demand, or other writing may be given or
made or sent to any party as above provided may be changed by written notice given
by the party as above provided.
SECTION 22. MISCELLANEOUS
22.1. Time of the Essence. Time is of the essence of this Lease and all of its
provisions.
22.2. Governing Law. It is agreed that this Lease shall be governed by, construed,
and enforced in accordance with the laws of the State of Iowa.
22.3. Attorney Fees. In the event that any action is filed in relation to this Lease, the
unsuccessful party in the action shall pay to the successful party, in addition to all the
sums that either party may be called on to pay, a reasonable sum for the successful
party's attorney fees.
22.4. Paragraph Headings. The titles to the paragraphs of this Lease are solely for
the convenience of the parties and shall not be used to explain, modify, simplify, or aid
in the interpretation of the provisions of this Lease.
22.5. Modification of Agreement. Any modification of this Lease or additional
obligation assumed by either party in connection with this Lease shall be binding only if
evidenced in a writing signed by each party or an authorized representative of each
party.
22.6. Parties Bound. This Lease shall be binding on and shall inure to the benefit of
and shall apply to the respective successors and assigns of Lessor and Lessee. All
references in this Lease to "Lessor" or "Lessee" shall be deemed to refer to and include
successors and assigns of Lessor or Lessee without specific mention of such
successors or assigns.
22.7. Force Maieure. In the event that either party hereto shall be delayed or
hindered in or prevented from the performance of any act required hereunder by reason
of strikes, lockouts, labor troubles, unavailability or excessive price of fuel, power
failure, riots, insurrection, war, terrorist activities, chemical explosions, hazardous
conditions, fire, weather or acts of God, or by reason of any other cause beyond the
exclusive and reasonable control of the party delayed in performing work or doing acts
required under the terms of this Lease, then performance of such act shall be excused
for the period of the delay and the period for the performance of any such act shall be
extended for a period equivalent to the period of such delay.
070709ba1 -15-
22.8. Use of Tobacco Products. The use of tobacco products on the Demised
Premises is prohibited and Lessee shall use its best efforts to enforce such prohibition.
22.9. Nondiscrimination. Lessee shall not discriminate against any person for
employment or use of the Demised Premises or Improvements thereon because of
race, religion, color, sex, sexual orientation, gender identity, national origin, age or
disability.
LESSOR:
[SEAL] CITY OF DUBUQUE, IOWA
Attest:
Jeanne F. Schneider, City Clerk
By:
Roy D. Buol, Mayor
LESSEE:
DUBUQUE
INC.
By:
MONTESSORI SCHOOL,
070709ba1 -16-
INSURANCE SCHEDULE
-17-
~~~~TI~I:L~~~!I~i~!Z~I>!~
INSURANCE REQUIREMENTS FOR TENANTS AND LESSEES OF CITY
PROPERTY OR VENDORS (SUPPLIERS, SERVICE PROVIDERS) TO THE
CITY OF DUBUQUE
1. All policies of insurance required hereunder shall be with an insurer authorized to do
business in Iowa. Alt insurers shall have a rating of A ar better in the current A.M.
Best Rating Guide.
2. AN Certificates of Insurance required hereunder shall provide a thirty {30) day notice
of cancellation to the City of Dubuque, except for a ten (10) day notice for non-
payment, if cancellation is prior to the expiration date.
3. shall furnish a signed Certificate of Insurance to the City of
Dubuque, Iowa for the coverage required in Paragraph 6 belouv. Such certificates
shall include conies of the following policy endorsements:
a) Commercial General Liability policy is primary and rton-contributing.
b) Commercial General Liability additional insured endorsement.
c} Governmental Immunity Endorsements.
4. Each certificate shall be submitted to the contracting department of the City of
Dubuque.
5. 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 agreement.
6. shall be required to carry the following minimum
coverageAimits or greater if required by law or other legal agreement:
a) COMMERCIAL GENERAL. LIABILITY
General Aggregate Limit $2,000.000
Products-Completed Operations Aggregate Limit 31,000,000
Personal and Advertising Injury Limit $1,000,000
Each Occurrence limit 31,000,000
Fire Damage Limit (any one occurrence) $ 50,000
Medical Payments $ 5,000
This coverage shall tae written an an occurrence, not a claims made form. Form CG
25 04 03 97 °Designated Location (s) General Aggregate Limit" shat) be included.
Ali deviations or exclusions from the standard ISO commercial general liability form
CG 0001, or Business Owners form BP 0002, shall be clearly identified.
1 of 2
January 2008
-18-
INSURANCE SCHEDULE A (Continued}
INSURANCE REQUIREMENTS FOR TENANTS AND LESSEES OF CITY
PROPERTY OR VENDORS (SUPPLIERS SERVICE PROVIDERS} TO THE
CITY OF DUBUQUE
Governmental Immunity Endorsement identical or equivalent to form attached.
Additional Insured Requirement:
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 shall be named as an additional
insured on General Liability Policies using ISO endorsement CG 20 26 0704
"Additional Insured -Designated Person or Organization," or it's equivalent. -
See Specimen
b) WORKERS' COMPENSATION ~ EMPLOYERS LIABILITY
Statutory for Coverage A
Employers Liability:
Each Accident $100,000
Each Employee -Disease $100,000
Rolicy Limit -Disease $500,000
c) UMBRELLA EXCESS LIABILITY
LIC~UOR OR QFI~AM SHOP LIABILITY
Coverage to be determined on a case by case basis by Finance Director.
Completion Chec[xliat
^ Certificate of Liability Insurance (2 pages}
^ Designated Location(s) General Aggregate Limit CG 25 04 03 97 (2 pages)
^ Additional Insured 20 26 07 04
^ Governmental Immunities Endorsement
2 of 2
January 2008
-19-
ACOftD~, CERTIFICATE OF LIABIL
rl~oucEre (563)123-t56? rAx (563) s67-653
Ina;uranco ~oY
Stmt AddroslE ITY INSURANCE °""""'°°""""'
12 7 2ao~
TNNS CERTNflCJ1TE IS 8~1E0 As A NNATTE1t QF R8F0!lMATION
ONIY AND CONFERS NO RKiHT'f tIFON T1E CERTE7CJITE
tWEDEMI. THIS CER71F1CATE DOES NOT AA~IO, EXTENO OR
L COVERA AF OW.
Ci ST Li Dodo AFFOIIDMKi COPE GE NAIL N
aaflRac alsuaER ~ Iaaluranao Co
~nY ~ a
Stt`~!t fv511RER C
Ci $t Z' Codo E
CCR/ERAQE!
THE POLICIES # M~INiANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE rOR TliE POLE:Y PER100 MIOK•ATED. NOTVNTHSTANOINGAHY
REQUIREMENT, TERM OR CONDfT10N OF ANY CONTRACT OR OTHER DOCUMENT VNTH RESPECT TO WHICH THNi CERTIFfGTE itAY 6E I.SSVED OR MAY PERTAIN.
THE EVSURANCE AFROROEQ 0Y THE POLICES DESCRIBED HEREM IS SUBJECT TO ALt THE TERMS. EXCLU$ION8 AND CONDIT-ONS OF SUCH POLICES
AQGREQATE LENITB SHOWN MAY HAVE BEEN REDUCED BY PAN? CLAIMS
E ~y
TYNE Of /INMNNCE POLICY NUMOER DATA Tt ~
6W[RIit.L41MLm OOWRRENGE f 1,000,DOD
x co~aaRRCU+I GENERAL LiAa0.tTY I 'N. ,a,,,,. a 50, 000
11 x cLAMa BADE x~ DccuR MIED ExP om s S , 000
a ADV fvrlalY a i , 000 ,000
E TE s 2,000,060
GfN'L AtiGRE.GAIE LMT APPLESPER 7s ~ COMP f 1.000 , 000
x Loc
A LARaItfTY COINED StkGLE LAIR
f 1, 000 , 000
x ANY AUTO tEa acc~dr+i
A ALl Q1MaE8 AUT08 aQOLLY Mv,M7Rt
SCNE WLED AUTOS
lFr Pia a
IIIREDAUTOS aODllYafJURY a
NON-ONMED AU705 ~ ~cpdMl
PIIOPERTY DAMAGE
(Pw ~cciaen) a
41IR/etE LIAONJTY AUTO ONLY - EA ACCIDENT f
ANY AUTO OTHER TIiM+ f
AurooNLY: AGG a
Ex~cELA Iallaa.ITY s
OCCUR ~ CLAaIS MADE AGGREGATE a
f
_- pE1klCTEliE f ~~
REtENT10« a0 a
~ VJORKEIFBCOMPEiNaAT10«Aab y~g TN
x TORYiA OER
~
EalIOYERa' L1AlN.ITY
ANY PROPRIETORMARi-tER/EXECUTArE
`
E l EACH ACf.^10ENT _
'.
a 100 r 000
OiFICEAAAE1~1ilEREXCLUOEDy ELDISE/LiE-EAEMPLOYEE a 100,000
~eiu moans Oebw E L DISEASE - POLICY Lyar f SOD , 000
OTHER
O~GIIPl10N Or OPEMTi011aILOCATIONENERK:LEEIEXCLYSIWI! AOOEO OY ENOOIgEIf ENTAPECMiL P110YIa1gNE
City of Dubuque is listed as an additional insured on gac-aral liability policiaa wing ZEO andorauant foss CC 2026
0701 •J-dditional Inanrad-Daafgnatad awraon or Organication" or ita aquivalant, Grcsaral Liability polioy 1a pfriatary i
nos-oontributiaq. loci CG 2501 03A'i "Designated Locations" gar>•ral stability aggrsqata licit is included. Cowrrr~antal
iassalitica sndorsearet i• included.
City of Dubuquo
50 ltoait 13th 8troot
Dubuquai, IIII 52001
- _., _ ..
ACORD 13 (1001/08)
IN5018toloelos ANTS
5110U10 A«Y # THE AaONE DESCIplED POLK~a 6a CA«CELLlD atEPORE T/a1
axrrlATw« oAn TN~[Qi, TItl: asu«c avauRa~I WKL ENDEAVOa TO flAa
3a wxa MYAItTE« +IOTICE TO THE CERTIFICATE NDLDEII NAfIED To THE LEiT, slur
iA~U11E Tp DO a0 aJIALL IYPOiE -IO OdL1DATq« OR tMdIUTY OF ANY rtslD U-O« THE
VMP Mo~ype SdutfdN NG (BOQ}J37 (16t5
O ACORO CORPORATION 1868
-swld2
-ZQ-
IMPORTANT
If the oerti6c~te holder is an ADDITIONAL INSURED, the poNcy(iss) must be erxtorsed. A staterneM on Iles
certifarte does not confer rights to the certificate holder in beu of such endorsement(s>.
If SUBROGATION IS WANED, sut>iec:t to the terms and uondi6ons of the potrcy. certain podass msy require sn
endarsemerrt. A statement on this certificate does nd confer rights to the certificate t-dder in qeu of such
endorsement(s).
DISCLAIMER
Tha Cerfilicate of Msuranca on the reverse side of this form does not constitute a contract beNveen the issuing
~unar(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or rregativety
amend, extend or alter the coverage af[orded fi'y the policies bated thereon.
SP~~~
~~~~,e
.....,.~, «,M,,,®.r
INti02t+ (o+oef o8 AtiA3 naps s ar 2
-21-
POLICY NUMBER:
coli~Ir+~ERCIAL GENERAI. uAlsamr
CG 2S 04 03 97
THIS ENQORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED LOCATIONS
GENERAL AGGREGATE LIM T
This endorsement modifies insurance provided under the folbwing:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
(If no entry appears above, information required to complete this endorsement will be shown in the Oectarations
as applicable to this endorsement.)
A. Far ail sums which the insured becomes legally
obligated to pay as damages caused by "occur-
rences" under COVERAGE A (SECTION I), and
for all medical expenses caused by accidents
under COVERAGE C (SECTION I), which can be
attributed only to operations at a single desig-
nated "location` shown in the Sdyedub above:
1. A separate Designated Location Genera!
Aggregate t.imit ap~bs to each designated
`location`, and that limit is squat to the
amount of the General Aggregate Limit
shown in the Declarations.
2. The Designated Location General Aggregate
Limit is the most we w~l pay for the sum of all
damages under COVERAGE A, except dam-
ages because of "bodily injury" or `property
damage" included in the "products-completed
operations hazard", and for medical expenses
under COVERAGE C regardless of the num-
ber of:
a. Insureds;
b. Claims made or "suits" brought; or
c. Persons or organizations making claims or
bringing "suits".
3. Any payments made under COVERAGE A for
damages or under COVERAGE C for medical
expenses shall reduce the Designated Loco-
lion General Aggregate Limit for that desig-
nated "location". Such payments shalt not re-
duce the General Aggregate Limit shown in
the Decaratons nor shall they reduce any
other Designated Location General Aggre-
gate Limit for any other designated "location"
shown in the Schedule above.
4. The limits shown in the Decorations for Each
Occurrence, Fire Damage and Medical Ex-
pense rxmtinue to apply. However, instead of
being subject to tl~e General Aggregate Limit
shown in the Declarations, such limits will be
subject to the applicable Designated Location
General Aggregate Lirnit.
B, For all sums which the insured becomes legally
obligated to pay as damages caused by "axur-
rences' under COVERAGE A (SECTION I), and
for elf medical expenses caused by accidents
under COVERAGE C (SECTION I), which can-
not be attributed only to operations at a single
designated "location" shown in the Schedule
above:
1. Any payments made under COVERAGE A far
damages or under COVERAGE C for medical
expenses shah reduce the amount available
under the General Aggregate Limit or the
Products-Completed Operations Aggregate
Limit, whichever is applicable: and
2. Such payments shag not reduce any Desig-
nated Location General Aggregate Limit..
CG 25 04 t!3 97
Page 1 of 2
-22-
cG ss a4 03 g7
C. When coverage for liability arising out of the
"products-campteted operations hazard" is pro-
vided, any payments for damages because of
`bodily injury" or "property damage" included in
the 'proc~cts-completed opera6a~s hazard' wit!
reduce the Products-Completed Operations Ag-
gregate limit, and not reduce the General Ag-
gregate Limit nor the Designated Location Gen-
eral Aggregate Umit.
D. For the purposes of this er-dorsement, the Defi-
nitions Secti~ is amended by the addition of
the fvpowing definfion:
`location" means premises involving the earns or
conneccting bts, or premises whose connection is
interrupted only by a street, roadway, waterway
or right-of--way of a railroad.
E. The provisions o/Limits Of insurance (SECTION
Ill) net otherwise modfied by this endorsement
shall continue to apply as stipulated.
Copyright, insurance Services Otfice, Inc.. 1996
Page 2 of 2
CG 2504 03 97
-23-
POLICY NUMBER:
COMMERCIAL GENERAL LU4BlLITlf
CG202a0704
THIS ENDaRSEMENT CHANGES THE POI.lCY. PLEASE READ !T CAREFULLY.
aDDITIONAL INSURED -DESIGNATED
PERSON OR ORGANIZATION
This erx3orsement modifies insurance provided under the foUownng:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
tysme Of Additional
The City of Dubuque, including all its elected and appointed officials,
all its employees and volunteers, ap its boards, commissions and/or
authorities and their board members, employees and volunteers.
SQCtion II -Who Is An Insured is amended to in-
clude as an additional insured tfie person(s) or or-
ganization(s) shown in the Schedule, but only with
respect to liability for "bodily injury", "property dam-
age" or "personal and advertising injury" caused, in
whole or in part. by your acts or omissions or the acts
or omissions of those acting on your behaff•
A. in the performance of your ongoing operations; or
B. An connection with your premises owned by or
rented to you.
All terms and conditions of this policy apply unless modified by this endorsement.
CO 20 26 O7 t}4 Incl~ufes copyrighted material of lnsuranoe Services Office, Inc with permission. Pag• 1 of 1
~ !SO Properties, Inc.. 2tH34
-24-
CITY OF DUBUQUE, IOWA
GOVERNMENTAL IMMUNITIES ENDORSEMENT
Nonwaiver of Governmental Immunity The insurance carrier expressly agrees and
states that the purchase of this policy and the induding 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 insurance carrier 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
shaft do so upon the timely written request of the insurance carrier.
4. Non-Denial of Coveras~e. 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 Other Change in Polio The above preservation of governmental immunities shall
not otherwise change or after the coverage available under the policy.
SPECIMEN
1 of 1
January 2008
-25-