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Signed Contract_Short-Term Farm Lease_Robert Bradley for FDR Park Area Copyrighted April 16, 2018 City of Dubuque Consent Items # 32. ITEM TITLE: Signed Contract(s) SUMMARY: Short-Term Farm Lease with Robert Bradley for tillable property in Franklin D. Roosevelt Park; License Agreement with Hirschbach Motor Lines, Inc. SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve ATTACHMENTS: Description Type Bradley / FDR Park Farm Lease Supporting Documentation Hirschbach Nbtor Lines, Inc. License Areement Supporting Documentation � � �� ���7� �� �� FARM LEASE � ; � �� THE IOWA STATE BAR ASSOCIATION Official Form#135 � �� � �,�. Recorder's Cover Sheet � � �` � � � III ���� ,� Preparer lnforr�ation: (Name, address and phone number) Barry A. Lindahl, Suite 330, 300 Main Street, Dubuque, Iowa 52001 (563) 583-4113 � i � Taxpayer Information: (Name and complete address) � i ; City of Dubuque, 50 W. 13th Street, Dubuque, Iowa 52001 ; � 1 � { Return Document To: (Name and complete address) Marie Ware, Leisure Services Manager, 2200 Bunlcer Hill Rd., Dubuque, Iowa 52001 , Grantors: Grantees: City of Dubuque, Iowa Robert Bradley I� � � � � � � Legal description:See Page 2 s Document or instrument number of previously recorded documents: � � O The lowa State Bar Association 2008 IOWADOCSO 9 � i d THE IOWA STATE BAR ASSOCIATION Ba.P A. L111da11I FOR THE LEGAL EFPECT OF THE USE OF ,� Official Form No.135 � THIS FORM,CONSULT YOUR LAWYER � ����� � � � � �`� FARM LEASE ,�� �� CASH OR CROP SHARES ������� � THIS LEASE ("Lease") is made between Citv of Dubuc�ue, Iowa � ("Landlord"), whose address for the purpose of this Lease is � 50 W. 13th Street, Dubuc�ue, Iowa 52001 and Robert Bradley � � ("Tenant"), � whose address for the purpose of this Lease is 12016 En�lish Mill Road, Dubuque, Iowa, 52003 � �i THE PARTIES AGREE AS FOLLOWS: '� 1. PREMISES AND TERM. Landlord leases to Tenant the following real estate situated in ' Dubuque County, lowa (the "Real Estate"): i� Forty (40) acres (more or less) of tillable property in Franlclin D. Roosevelt Parlc. i� �� I�� �,i ;i I I i ) d I I and containing 40 (total)(tillable) acres, more or less, with possession by Tenant for a term of year(s) to commence on A�ril l, 2018 , and end on December 1. 2018 . The Tenant has had or been offered an opportunity to make an ir�dependent investigation as to the acres and boundaries of the premises. In the event that possession cannot be delivered within fifteen (15) days after commencement of this Lease, Tenant may terminate this Lease by giving the Landlord notice in � � writing. k, 2. RENT. Tenant shalf pay to Landlord as rent for the Real Estate (the"Rent"): � a. Total annual cash rent of $ 10.080.00 payable, unless otherwise agreed, as follows: � 5,040.00 on Mav 1, 2018 , �5,040.00 on October L 2018 and $ on ; or b. Crop share - NA% of corn, NA% of soybeans, and NA% of other crops raised on the Real Estate. All Rent is to be paid to Landlord at the address above or at such other place as Landlord may direct in writing: Rent must be in Landlord's possession on or before the due date. Participation of this farm in any offered program by the U.S. Department of Agriculture or any state for crop production control or soil conservation, the observance of the terms and conditions of this program, and the division of farm program payments, requires Landlord's consent. Payments from participation in these programs shall be divided NA °/o Landlord NA% Tenant. Governmental cost-sharing payments for permanent soil conservation structures shall be divided NA% Landlord NA% Tenant. Crop disaster payments shall be divided NA % Landlord NA % Tenant. OO The lowa State Bar Association 2013 135 FARM LEASE—CASH OR CROP SHARES IOWADOCS� Revised Au ust 2013 � � I 3. LANDLORD'S LIEN AND SECURITY INTEREST. As security for all sums due or which will become due from Tenant to Landlord, Tenant hereby grants to Landlord, in addition to any statutory liens, a security interest as provided in the lowa Uniform Commercial Code and a contractual lien in all crops produced on the premises and the proceeds and products thereof, all contract rights concerning such crops, proceeds and/or products, all proceeds of insurance collected on account of destruction of such crops, all contract rights and U.S. government and/or state agricultural farm program payments in connection with the above described premises whether such � contract rights be payable in cash or in kind, including the proceeds from such rights, and any and all other ; personal property kept or used on the real estate that is not exempt from execution. Tenant shall also sign any � additional forms required to validate the security interest in government program payments. Tenant shall not sell such crops unless Landlord agrees otherwise. Tenant shall notify Landlord of � Tenant's intention to sell crop at least three (3) business days prior to sale of the crop (with business days being described as Monday through Friday, except any lowa or federal holidays). Tenant shall pay the full rent for the � crop year in which the crop is produced, whether due or not, at the time of sale pursuant to Landlord's consent to i release Landlord's security interests. Upon payment in full Landlord shall release Landlord's lien on the crop 'i produced in that crop year on the premises. The parties agree that by the Landlord releasing the lien as to the � crop in one year, the Landlord in no way releases the lien or agrees to release the lien in any prior or � subsequent year. p Tenant shall sign and deliver to Landlord a list of potential buyers of the crops upon which Landlord has � been granted a security interest in this lease. Unless Landlord otherwise consents, Tenant will not sell these I�, crops to a buyer who is not on the potential list of buyers unless Tenant pays the full rent due for the crop year to �i the Landlord at or priar to the date of sale. Landlord may give notice to the potential buyers of the existence of "� this security interest. j Landlord is further granted the power, coupled with an interest, to sign on behalf of Tenant as attorney-in -fact and to file one or more financing statements under the lowa Uniform Commercial Code naming Tenant as Debtor and Landlord as Secured Party and describing the collateral herein specified. Tenant consents to the ;I�I; financing statement being filed immediately after execution of this Lease. ? 4. INPUT COSTS AND EXPENSES. Tenant shall prepare the Real Estate and plant such crops in a timely y fashion as may be directed by Tenant (Landlord) (Tenant). Tenant shall only be entitled to pasture or till those portions of the Real Estate designated by Landlord. All necessary machinery and `� equipment, as well as labor, necessary to carry out the terms of this lease shall be fiurnished by and at the ;; expense of the Tenant. The following materials, in the amounts required by good husbandry, shall be acquired '� by Tenant and paid for by the parties as follows: �� I % Landlord % Tenant + (1) Commercial Fertilizer 100 � � � (2) Lime and Trace Minerals 100 ; (3) Herbicides 100 ' (4) Insecticides 100 � (5) Seed 100 9 (6) Seed cleaning 100 (7) Harvesting and/or Shelling Expense 100 (8) Grain Drying Expense 100 (9) Grain Storage Expense 100 (10) Other 100 Phosphate and potash on oats or beans shall be allocated NA % the first year and NA % � the second year, and on all other crops allocated NA % the first year and NA% the second year. Lime and trace minerals shall be allocated over NA years. If this Lease is not renewed, and Tenant does not therefore receive the full allocated benefits, Tenant shall be reimbursed by Landlord to the extent Tenant has not received the benefits. Tenant agrees to furnish, without cost, all labor, equipment and application for all fertilizer, lime, trace minerals and chemicals NA 5. PROPER HUSBANDRY; HARVESTING OF CROPS; CARE OF SOIL, TREES, SHRUBS AND GRASS. Tenant shall farm the Real Estate in a manner consistent with good husbandry, seek to obtain the best crop production that the soil and crop season will permit, properly care for all growing crops in a manner consistent �2) ; � 0 9 � �� n s � with good husbandry, and harvest all crops on a timely basis. In the event Tenant fails to do so, Landlord reserves the right, personally or by designated agenfis, to enter upon the Real Estate and properly care for and � harvest all growing crops, charging the cost of the care and harvest to the Tenant, as part of the Rent. Tenant shall timely control all weeds, including noxious weeds, weeds in the fence rows, along driveways and around buildings throughout the premises. Tenant shall compiy with all terms of the conservation plan and any other required environmental plans for the leased premises. Tenant shall do what is reasonably necessary to control I,� soil erosion including, but not limited to, the maintenance of existing watercourses, waterways, ditches, drainage �I areas, terraces and tile drains, and abstain from any practice which will cause damage to the Real Estate. Upon request from the Landlord, Tenant shali by August 15 of each lease year provide to the Landlord a �� written listing showing all crops planted, including the acres of each crop planted, fertilizers, herbicides and insecticides applied showing the place of application, the name and address of the applicator, the type of � application and the quantity of such items applied on the lease premises during such year. � Tenant shail distribute upon the poorest tillable soil on the Real Estate, unless directed otherwise by Landlord, all of the manure and compost from the farming operation suitable to be used. Tenant shall not �I remove from the Real Estate, nor burn, any straw, stalks, stubble, or similar plant materials, all of which are ; recognized as the property of Landlord. Tenant may use these materials, however, upon the Real Estate for the �j farming operations. Tenant shall protect all trees, vines and shrubbery upon the Real Estate from injury by ,�i Tenant's cropping operation or livestock. ,� Tenant shall maintain accurate yield records for the real estate, and upon request, during or after lease � term, shali disclose to Landlord, ail yield base information required for participation in government program ; 6. DELIVERY OF GRAIN. If this lease is a crop share lease, Tenant, without cost to Landlord, shall deliver '�I Landlord's grain pursuant to request, at reasonable times, to the elevator at NA y - or elsewhere at no further distant point. II 7. LANDLORD'S STORAGE SPACE. If this lease is a crop share lease, Landiord reserves NA% of all ; crib and granary space for storage of the rent share crops. ! �; 8. ENVIRONMENTAL. ;, a. Landlord. To the best of Landlord's knowledge to date: !� i) Neither Landlord nor, Landlord's former or present tenants, are subject to any investigation �,i concerning the premises by any governmentai authority under any appiicable 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 environmentai ,; matters, and all zoning and other land use matters. ` h ii) Any handling, transportation, storage, treatment, or use of toxic or hazardous substances that has 'p occurred on the premises has been in compliance with all applicable federal, state, and local codes, � rules, and regulations. � iii) No leak, spill release, discharge, emission, or disposal of toxic or hazardous substances has ` occurred on the premises. �; iv) The soil, groundwater, and soil vapor on or under the premises is free of toxic or hazardous 6 substances except for chemicals (including without limitation fertilizer, herbicides, insecticides) applied � in conformance with good farming methods, applicable rules and regulations and the label directions of � each chemical. Landlord shall hold Tenant harmless against liability for removing solid waste disposal sites existing at the execution of this Lease, with the exception that Tenant shall be liable for removal of solid waste disposal sites to the extent that the Tenant created or contributed to the solid waste disposal site at any time. Landlord shali assume liability and shall indemnify and hold Tenant harmless against any liability or expense arising from any condition which existed, whether known or unknown, at the time of execution of the lease which is not a result of actions of the Tenant or which arises after date of execution but which is not a result of actions of the Tenant. Landlord shall disclose in writing to Tenant the existence of any known welis, underground storage � tanks, hazardous waste sites, and solid waste disposal sites. Disclosure may be provided by a properly � compieted groundwater hazard statement to be supplemenfied if changes occur. b. Tenant. Tenant shall comply with all applicable environmental laws concerning application, storage and handling of chemicals (including, without limitation, herbicides and insecticides) and fertilizers. Tenant shall apply any chemicals used. for weed or insect control at levels not to exceed the manufacturer's recommendation for the soil types involved. Farm chemicals (may) (may not) be stored �3) a � 9y 9 on the premises for more than one year. Farm chemicals for use on other properties (may) (may not) be stored on this property. Chemicals stored on the premises shall be stored in clearly marked, tightly � closed containers. No chemicals or chemical containers will be disposed of on the premises. Application of chemicals for agricultural purposes per manufacturer's recommendation shall not be construed to constitute disposaL i Tenant shall employ all means appropriate to insure that well or ground water contamination a does not occur, and shall be responsible to follow all applicator's licensing requirements. Tenant shall '� install and maintain safety check valves for injection of any chemicals and/or fertilizers into an irrigation 3 system (injection valve only, not main well check valve). Tenant shall properly post all fields (when � posting is required) whenever chemicals are applied by ground or air. Tenant shall haul and spread all � manure on appropriate fields at times and in quantities consistent with environmental protection �, requirements. Tenant shall not dispose of waste oil, tires, batteries, paint, other chemicals or containers Ij anywhere on the premises. Solid waste (may) (may not) be disposed of on the premises. Dead livestock P (may) (may not) be buried on the premises. If disposal of solid waste or burial of dead animals is �'� permitted as stated in the previous two sentences, the disposal or burial shall be in compliance with all II% applicable environmental laws. Tenant shall not use waste oil as a means to suppress dust on any roads � � on or near the premises. No underground storage tanks, except human waste septic systems that meet ii current codes, rules, and regulations, shall be maintained on the premises. V�� Tenant shall immediately notify Landlord of any chemical discharge, leak, or spill which occurs J on premises. Tenant shali assume liability and shall indemnify and hold Landlord harmless for any claim � or violation of standards which results from Tenant's use of the premises. Tenant shall assume defense of ali claims, except daims resulting from Landlord's negligence, in which case each party shall be jl responsible for that party's defense of any claim. After termination, Tenant shall remain liable for '� violations which occurred during the term of this Lease. ''' In the absence of selection of an alternative where choices are provided in this paragraph 8b, the �' choice of the word "may" shall be presumed unless that presumption is contrary to applicable �� environmental laws and regulations. �XA�l�V1iDQJ�DOQ�CX�XKg�gXX3�Dfi)4,��X�C�D(�QD(�f�(i�6�(�l(�O��X�3G)S�D��6�Db�C�F�'3�DQ�[D��,C�i��(i�C �i ;�C�iX�(�Cdb�£�Q�?��d�d(t��Abl(��l�Xb����f�D�X�bI�X�Q3��(�iXr�(��(�dC�4X��X�XC34D(���(dQ�C J a���c���x�amc�cK�x���ca�c�c������c���c�Cx��c�c��c��y���c�xa�cix�����rac�c 'i �x���cx���a�,�,�ca��,x����ca�6��ca��c�c��c���a��a�ca���c���x�c i �x�,���c��c�����c���oce�c����;����c�c ; 10. POSSESSION AND CONDITION AT END OF TERM. At the termination of this Lease, Tenant will r r relinquish possessioP� of the Real Estate to the Landlord. If Tenant fails to do so Tenant agrees to pay Landlord p $ 0.00 per day, as liquidated damages until possession is delivered to Landlord. At the time of delivery of the Real Estate to Landlord, Tenant shall assure that the Real Estate is in good order and � condition, and substantially the same as it was when received by Tenant at the commencement of this Lease, excusable or insurable loss by fire, unavoidable accidents and ordinary wear, excepted. 11. LANDLORD'S RIGHT OF ENTRY AND INSPECTION. In the event notice of termination of this Lease has been properly served, Landlord may enter upon the Real Estate or authorize someone else to enter upon the Real Estate to conduct any normal tillage or fertilizer operation after Tenant has completed the harvesting of , crops even if this is prior to the date of termination of the lease. Landlord may enter upon the Real Estate at any reasonable time for the purpose of viewing or seeding or making repairs, or for other reasonable purposes. 12. VIOLATION OF TERMS OF LEASE. If Tenant or Landlord violates the terms of this Lease, the other may pursue the legal and equitable remedies to which each is entitled. Tenant's failure to pay any Rent when due shall cause all unpaid Rent to become immediately due and payable, without any notice to or demand upon Tenant: 13. REPAIRS. Tenant shall maintain the fences on the leased premises in good and proper repair. Landlord � shall furnish necessary materials for repairs that Landlord deems necessary within a reasonable time after being notified of the need for repairs. Tenant shall haul the materials to the repair site without charge to Landlord. � 14. NEW IMPROVEMENTS. All buildings, fences and improvements of every kind and nature that may be � erected or established upon the Real Estate during the term of the Lease by the Tenant shall constitute additional rent and shall inure to the Real Estate, becoming the property of Landlord unless the Landlord has � agreed in writing prior to the erection that the Tenant may remove the improvement at the end of the lease. „ �4) g � E' s � u 15. WELL, WINDMILL, WATER AND SEPTIC SYSTEMS. Tenant shall maintain all well, windmili, water and �� septic systems on the Real Estate in good repair at Tenant's expense except damage caused by windstorm or � weather. Tenant shall not be responsible for replacement or installation of well, windmill, water and septic systems on the Real Estate, beyond ordinary maintenance expenses. Landlord does not guarantee continuous � or adequate supplies of water for the premises. � 16. EXPENSES INCURRED WITHOUT CONSENT OF LANDLORD. No expense shall be incurred for or on � account of the Landiord without first obtaining Landlord's written authorization. Tenant shall take no actions � that might cause a mechanic's lien to be imposed upon the Real Estate. ; 17. NO AGENCY. Tenant is not an agent of the Landlord. 18. TELEVISION AND RADIO. Tenant may install and remove, without causing material injury to the premises, Tenant's television reception antennas, microwave dishes; and radio reception and transmission antennas. 19. ACCOUNTING. The method used for dividing and accounting for the harvested grain shall be the � customary and usual method used in the locale. 20. ATTORNEY FEES AND COURT COSTS. If either party files suit to enforce any of the terms of this � Lease, the prevailing party shall be entitled to recover court costs and reasonable attorneys' fees. � 21. CHANGE IN LEASE TERMS. The conduct of either party, by act or omission, shall not be construed as a � material alteration of this Lease until such provision is reduced to writing and executed by both parties as � addendum to this Lease. ' � 22. CONSTRUCTIOPV. Words and phrases herein, including the acknowledgment, are construed as in the singular or plural and as the appropriate gender, according to the context. I; 23. NOTICES. The notices contemplated in this Lease shall be made in writing and shall either be delivered ;�I in person, or be mailed in the U:S. mail, certified mail to the recipient's last known mailing address, except for �'I the notice of termination set forth in Section 9, which shall be governed by the Code of lowa. �� 24. ASSIGNMENT. Tenant shall not assign this Lease or sublet the Real Estate or any portion thereof jl without prior written authorization of Landlord. ' I 25. CERTIFICATION. Tenant certifies that it is not acting, directly or indirectly, for or on behalf of any person, ' # group, entity or nation named by any Execufiive Order or the United States Treasury Department as a terrorist, ; "Specially Designated National and Blocked Person" or any other banned or blocked pers�n, entity, nation or � transaction pursuant to any law, order, rule or regulation that is enforced or administered by the Office of � Foreign Assets Control; and it is not engaged in this transaction, directiy or indirectly on behalf of, or instigating � or facilitating this transaction, directiy or indirectly on behalf of, any such person, group, entity or nation. Tenant hereby agrees to defend, indemnify and hold harmless Landlord from and against any and all claims, damages, losses, risks, liabilities and expenses (including attorney's fees and costs) arising from or related to any breach of the foregoing certification. 26. ADDITIONAL PROVISIONS. '�� 26.1 Tenant shall utilize contour cultivation and other generally accepted husbandry techniques to � minimize erosion. 26.2 No mining or harvesting of trees shall be done without prior written consent of the City of Dubuque. 26 3 Tenailt assumes a11 liability and shall clefend, indemnify and hold harmless the City of Dubuque, its officials and employees for all causes of action arising out of the use of said property. 26.4 It is expressly understood that said groluid is rented for the production and harvesting only of corn aild/or sma11 grains production; and that all stover must remain in place. � 26.5 Tenant acknowledges that the Children's Zoo,the Dubuque Drum and Bugle Corps ancl Model Airplane Club will continue operations on adjacent property. 26.6 Tenant agrees to reimbl�rse the City of Dubuque for all damages caused by its equipment to the � septic tank. 26.7 Tenant shall maintain during the term of this Lease insurance as set forth in the City's standard Insurance Schedule D for Farm Tenant. 26.8 The parties agree that this Lease shall terminate on December 1, 2018, without fiirther notice. � � � (5) � z � � DATED: TENANT: ,� LANDLORD �� � � � Michae C.Van Milligen,City of Dubuque,Iowa � �G��h�' 'a A � � C.�� y ��.C� .!"t Q � �. V� N " `�` I�^ E,'A1/ � I � STATE OF Iowa , COUNTY OF Dubuc�ue I�,� This record was acknowledged before me this�day of ( , �GJd�, by 'ii � Robert Bradle ,+� �1 ' �i � �� A`"` �a����.�a �n��a�a�aw Signature o�Jrotary Public ' � 04 '.. @� / . i x �ore�missio�r IJumbar 772419 � i � ��a�"� PAy�ar��n.Exp. � ",� � � I i � STATE OF Iowa , COUNTY OF Dubu ue �;� This record was acknowledged before me this�day of /�J , i by Michael C.Van Milligen � � �� 8S Citv Manager of the Cit of Dubu ue Iowa I,� � ��I R��„�4�� J������,������,i� ignature of Notary Public i : Gor��al��ic�rs�urnts�r�C�#�� �; �ra � t��P � ��:��Yta,i���wr����p�r���..� 6 1 ����:� � � G li (ATTACH OTHER APPROPRIATE ACKNOWLEDGMENT(S) HERE) � � , � (6) � r ; �F � ��a� ��, �.��.��� , �� ��' ��s�t � � �, s�;�� ,°�. t _a � � � � -n Je!'.s�" '� � '-'� x. �§ .� "t �,� �9� '�'- . ,•,� . ,�tt' ^Y:`��� �, r�*+ ,� ° ' ^` ,l�" �� �` � �I�� r � / �;�""'�`'� ., r r, �`�'�r.� «. � r ,3A ������� :���r�s� � . � � � ,� ���,�¢ . ., � . � . 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K�*� . � � }� �� � q . �t . .:;3�tit.. ���h �. �� �..�N h..5� � . �. � � .i � � ,�'�' � � � '. �� k� , �� t€r� - �?r;� , -���G3�74d�d . . , ,�' �*+- . :� .:,�:.�. ` i �. � � �. _� �21 . �s .. . .. � c�`� -� °a ^ t �.,'!'� r �% a� ,3 � � ,� �� < �. ' . ��� � � � �. � " „�,. �� ,� � � ',�('M v ` �.. �.� � � � ��� , ,� . =3 `'. a'� � � �,� � � � .�.��� �� " � � �� x� � � � v < � "`�' ,�:+�+�"" , � t, �� �� � � � � , � � � �� �:. � A� �� ' �,''�� '�' , .�� :�.�� �` ; 5r F£ � �s � ���'"�r� O „ •et� k�4 d � t. ° �,tt� ; ° � . � �. ' ,. 'r �T _' . i �`` �� �\ .�..�' : �� , ��" ...._fij�� ..,.- . �""'",.. ) r,. �����r— . � . � ,: 9,� s , � P �^ , A � :.r� �t x r. ���^"n"'— ' � ��� �,a. �f � �. �m _ �� � >,�q�z•,;. � ; . � < . � � .�t'" „ ;. ' � � �"� � .� �� � ,t ;a �� ;� �', , _. _� �; ,�' � _ _ „� � _�s�:..�s � r � "���»= , � ;� �s s'� .'����€�a��!� � ,� �. � '`` , �. � t � a w �, ' a ,� � � �` '" ,� �- ;� � � � � t � x �. '"`� ,.,� �� �� `e�'`�: � � �`�" ���� � `���`t ar �� '��' � �� � ! � � � ��' �� ' ' � r r�- ..: i� _, a „�,�., �` , .... � _, �.. ; .a. N ° � ��� ` cultural Areas � ,� � � � ��� Ag ri � ,��,� �-- �:��,r, � � �- � )t�LiU�t �" '��(j� � -`` ���`" � � � �� . � �y�< FDR Park Boundary i�� �.� .�,,.E�, � � ' City of Dubuque Insurance Requirements for Farm Tenant INSURANCE SCHEDULE D 1. ROBERT BRADLEY shall furnish a signed certificate of insurance to the City of Dubuque, lowa for the coverage required in Exhibit I prior to contract or lease commencement. Tenant shall submit an updated certificate annually. Each certificate shall be prepared on the most current ACORD form � approved by the Department of Insurance or an equivalent approved by the Finance Director. Each � certificate shall include a statement under Description of Operations as to why issued. Eg: Lease of � premises at FDR Park. 2. All policies of insurance required hereunder shall be with an insurer authorized to do business in lowa and all insurers shall have a rating of A or better in the current A.M. Best's Rating Guide. 3. Each certificate shall be furnished to the Leisure Services Department of the City of Dubuque. � 4. Failure to provide minimum coverage shall not be deemed a waiver of these requirements by the City of Dubuque. Failure to obtain or maintain the required insurance shall be considered a material � breach of this contract/lease. ` 5. All required endorsements to various policies shall be attached to certificate of insurance. j 6. Whenever a specific ISO form is listed, the current edition of the form must be used unless an ' equivalent form is approved by the Finance Director and subject to the tenant identifying and listing in writing all deviations and exclusions that differ from the ISO form. 7. The tenant shall be required to carry the minimum coverage/limits, or greater if required by law or I other legal agreement, in Exhibit I. � 8. If the tenant's limits of liability are higher than the required minimum limits then the tenant's limits shall !I be lease required limits. II 'l N � � i � Page 1 of 2 Schedule D Farm Tenant July 2017 i � I i i , d City of Dubuque Insurance Requirements for Farm Tenant INSURANCE SCHEDULE D (continued) �� EXHIBIT I � A) DWELLING, OTHER BUILDINGS: Value: $ � 1) Included the City of Dubuque as Lender Loss Payable. � 2) Written on replacement cost basis. � 3) Form HO-3 � a B) FARM LIABILITY: ! Farm Liability Per Occurrence $1,000,000 Farm Liability Aggregate $1,000,000 Personal Injury&Advertising Injury $1,000,000 Products-Completed Operations Liability $1,000,000 Medical Payments to Public $5,000 � Medical Payments to Farm Employees $5,000 i) i Pollution Liability Coverage $1,000,000 I'I� II 1) Include additional insured endorsement for: i The City of Dubuque, including all its elected and appointed officials, all its i employees and volunteers, all its boards, commissions and/or authorities and '� their board members, employees and volunteers. Use ISO form CG 20 10 ;� (Ongoing operations)or its equivalent. i 2) Pollution Liability shall include chemical application, storage, transportation, � environmental damage clean up. � C) WORKERS COMPENSATION If Employees _yes _no ,� D) ENVIRONMENTAL IMPAIRMENT LIABILITY OR POLLUTION LIABILITY � Coverage required: xx yes _no � _ � (DEPARTMENT MANAGER: FILL IN ALL BLANKS AND CHECK BOXES) � I i Page 2 of 2 Schedule D Farm Tenant July 2017 � �� � DATE(MM/DD/YYYY) ��a'Rp CERTIFICATE OF LIABILITY INSURANCE �,..i' 03/26/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. ' IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WANED, subject to I� 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). PRODUCER . CONTACT NAME: PHOPIE FAX p AIC No Ext: A/C No: OBERBROECKLING/TRI STATE INS A DRIESS: Z43O MEINEN CT. INSURER(S)AFFORDINGCOVERAGE NAIC# DUBUQUE IA 52002-2787 iNsuRERa: NATIONWIDE ACRIBUSINESS INSURANCE COMI 28223 INSURED . INSURER B: � INSURER C: i ROBERT W BRADLEY iNsuReR o: 12016 ENGLISH MILL RD INSURERE: DUSUQUE IA 52003-8422 INSURERF: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. � INSR TYPE OF INSURANCE ADDL SUBR pOLICY NUMBER MM/DD/YYYY MM/DDY� LIMITS LTR � �� .COMMERCIAL GENERAL LIABILITY . EACH OCCURRENCE $. SOO,OOO �I DAMAGE TO RENTED li CLAIMS-MADE �OCCUR � � PREMISES Ea occurrence $ � .. - i'I � � � � � � � MEDEXP(Anyone�person)�. $ �0,��� � f� . . � � X FPK7180298050 � 04/30/2017 04/30/2018 PERSONAL&ADVINJURY � $ �5�0,00� �� � { ,� GEN'LAGGREGATELIMITAPPLIESPER: GENERALAGGREGATE � 1,000,000 POLICY❑PR� � LOC � PRODUCTS-COMP/OPAGG $ SOO,OOO ��I JECT OTHER: $ � ��� AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ � � �� Ea accident �� ANY AUTO BODILY INJURY(Per person) $ __ � ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-O�NNED PROPERTY DAMAGE HIREDAUTOS. AUTOS Peraccident $ � $ �. � UMBRELLALIAB X OCCUR � EACHOCCURRENCE � $ 3,000,000� � � /�.��� � EXCESSLIAB CLAIMS-MADE FPK FAEN 7180298050 � 04/30/2017 04/30/2018 AGGREGATE $ 3,000,000 � ! DED RETENTION$ $ WORKERS COMPENSATION � � AND EMPLOYERS'LIABILITY Y�N STATUTE ERH ANYPROPRIETOR/PARTNER/EXECUTIVE � E.L.EACH ACCIDENT $ OFFICERlMEMBEREXCLUDED? � N�'O` � (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under � � - � � �QESGRIPTION OF OPERATIONS below E.L.DISEA$E-POLICY LIMIT $ .. .. . � . . � � X. . � �� . . . . . � . , .... .. pESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) - Land leased at Roosevelt Park from City of Dubuque: Add'I insured: The City of Dubuque,including all its elected and appointed officials,all its empioyees and volunteers,all its boards,commissions and/or authorities and their board members,employees and volunteers. LIMITED FARM POLLUTION LIABILITY ENDORSEMENT COVERAGE$1,000,000 OCCURRENCE CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN The City of Dubuque ACCORDANCE WITH THE POLICY PROVISIONS. (See Descriptions Section) AUTHORIZED REPRESENTATIVE 50 W 13th Street Jason Engler ,,•-''f --�.°--„._-�..... Dubuque IA 52001 �` ,,,' O 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD ' � y � A�'�� DATE(MMIDD/YYYY) �. CERTIFICATE OF LIABILITY INSURANCE 03/26/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS � CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(5), AUTHORIZED � REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. k IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS 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). { PRODUCER CONTACT J NAME: �� PHONE FAX A/C No xt: A/C No: i� OBERBROECKLING/TRI STATE INS noo ess: �i� 2430 MEINEN CT INSURER(S)AFFORDINGCOVERAGE NAIC# DUBUQUE IA 52002-2787 iNsuReRn: NATIONWIDE AGRIBUSINESS INSURANCE COMI 28223 INSURED INSURER B: INSURER C: . ROBERT W BRADLEY iNsuReR o: I, 12016 ENGLISH MILL RD wsuReRe: � DUBUQUE IA 52003-8422 INSURERF: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 3 � THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD ; INDICATED. NOTWITHSTANDWG ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS � CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, � EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR . ADDL SUBR POLICY EFF POLICY EXP !I LTR TYPE OF INSURANCE POLICY NUMBER MM/DD/YYYY MM/DDIYYYY LIMITS I ,� COMMERCIALGENERALLIABILITY EACHOCCURRENCE $� SOO,OOO� " ti DAMAGE TO RENTED �I �� CLAIMS-MADE �OCCUR � PREMISES Ea occurrence $ �� �� � �� !I � - � MED EXP(Any one person) $ 1�,��� 1 A X FPK7190298050 04/30/2018 04/30/2019 PERSONAL&ADVINJURY g 500,000 ;I GEN'LAGGREGATELIMITAPPLIESPER: GENERALAGGREGATE �$� 1,000�,000 �;� POLICY❑ PR� � '� JECT LOC PRODUCTS-COMP/OPAGG $ SOO,OOO '� OTHER: � $ � � AUTOMOBILE LIABILITY � COMBINED SINGLE LIMIT $ � i � � Ea accident �',,� � .-ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ I'� AUTOS AUTOS I NON-OWNED - PROPERTYDAMAGE � �� � � HIRED AUTOS' AUTOS � Per accident $ � UMBRELLA LIAB X OCCUR � EACH OCCURRENCE � .$ 3,000,000 �- ./� , EXCESS LIAB CLAIMS-MADE FPK FAEN 7190298050 04/30/2018 04/30/2019 AGGREGATE $ 3,OOQ000 � DED RETENTION$ � I WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y�N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE � E.L.EACH ACCIDENT ' OFFICER/MEMBEREXCLUDED? � ❑ N I A $ F (Mandatory in NH) � � E.L.�ISEASE-EA EMPLOYEE $ � �I � If yes;describe under - - � - . . .. . DESCRIPTION OF OPERATIONS below � E.L.DISEASE-POLICY LIMIT $ .: . . .: � � . - . � X � . � � . .� . . . � . -DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may 6e attached if more space is required) Land leased at Roosevelt Park from City of Dubuque. Add'I Insured: The City of Dubuque,including all its elected and appointed officials,all its employees and volunteers,all its boards,commissions and/or authorifies and their board members,employees and volunteers. LIMITED FARM POLLUTION LIABILITY ENDORSEMENT COVERAGE$1,000,000 OCCURRENCE CERTIEICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN The City of Dubuque ACCORDANCE WITH THE POUCY PROVISIONS. (See Descriptions Section) AUTHORIZEDREPRESENTA .N 50 W 13th Street Jason Engler '"� �''``� � Dubuque IA 52001 ����- O 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD � � c G � � FPK FMPN 71 9 0298050 AGEM'C'S COPY FARM LIABILI'1V INFORMATION 3 Coverage is provided only where a premiurn and a limit af 16ability are shown far that coveragee COi/ DESCIi1PTION � LIIVII'f PREMIUM H Farm Liability&Exchange Labor $500,000 $170.00 Bodily Injury And Property Darnage Per Occurrence , f 924 1'otal Acres At All Locations in IA � P,dditional Dwellings 1Nith Personal Liability i 1 Additlonal Dwellings Rented To Others On Farm $18.00 � Additional Residence Or Set Of Buildings Primary Livestock Type Livestock Number Secondary LfvestockType Livestock Number N Hobby Farm ��I IV Lessor's Risk I Personal In°u And Advertising InJury $500,000 INCLUDED � J n/ Per Person Or Eratity � Products And Completed Operations Aggregate $1,000,000 INCLUDED ai All Occurrences � � J Medical Payments Per Person $'l0,000 $20.00 �', Medical Payments Per�ccurrence $25,000 INCLUDED �' w s General Annual Aggregate For Coverages H, B, and J $1,000,000 INCLUDED . � All Occurrences � C 1 Farra�ers Nledical Payments Per Person #� � INSURED FARM EIUIPLOYEES RATED ON A PE12 CAPITA BASISe � TYPE AND NUMBER EMPL AT ANY TIME DURING 'THE POLICY. � SANlE LIMSTS AS COVERAGES H, ! AND J, . FULI.TIME WORKING IN EXCESS OF SIX MONTHS � PART TIME WORKING T1N0 TO SIX MONTHS � 1 PART TIME V9lORKI9VG LESS THAN �1VQ INIO�ITkia $20.00 RESIDENCE NON-FARM) IN EXCESS OF T1NO EMPL � INCREASED�MPLOYEE INEDICAL $23.00 � Total Annual Farrri Liabillty Coverage Premium ForState IA $251.00 8106(07-12) Page 00969 43 � F I _---- --- � �-----------------__--__---- —-----__. ,, FPK FMPN 71 9 0298050 AGENT'S COPY FORM 8110 ' ADDITIONAL INFORMATIOfV SUPPLEMENTAL DECL.AFtATIONS � � � Forrra DESCRIPTION � , FP70582 LIMITED FUNGI OR �ACTERIA COVERAGE ENDORSEMENT - PROPERTI° ' LiMITe $10,000 � II FL'T0610 ADDITIONAL INSl1RED-DESIGIVATED OPERATIOfV, LOCATlOIV OR EQUIP II CITY OF DUBUQl1E, 50 W, 13TFi ST, DUBUQUE, IA 5200'� � J � P i:: i, � u �I; Ij li � i li Ifl � l II� II �N I k � i �, n � � � � � � � ai�o�oi-oi)oo � Page 00971 43 � � I �/ � � ,r � � FARIVI � 8'i 11 0712 Po THIS ENDORSEIVIENI"CFiANGES THE POLICY. PLEASE READ THIS GAREFULLI(. � �CH�DULE FOR LIiVIITE� FARfiri POLLlJ1'ION � LIi4�ILITY COVERAGE ENDORSEMENT � . � This endorsement modifies insurance provided underthe followirag: � FARM LIABILITI' COVEI�4GE FORIVI � SCIiEDULE OF LIMITS OF INSURANCE � � This Schedule states the Limits of Insurance provided underthis endorserrient. ��� ;i 9 COVERAGE LIMITS OF INSURANCE PREMIIJM h; PART 1 —CHEMICAL APPLICATIOIV, STORAGE, AIVD NOIV-AUTO TRANSPORTATION ' LIABILITY COVERAGE �! u $ 1.000.000 Occurrence Lirraft $ 2.000.000 Aggregate Limit ��',i $ 0 Deductible $ 38 �II 6 N (Y/N)—When indicated(Y), additionalsy includes Part 1 Coverage away frorr� premises. !I 6�AR�'�—Llfi�l��� FARM POLLl1TIOIV LIABILITY COVEFZ4GE $ NO COVEI2AGE Occurrence Limit � $ fV0 COVERAGE Aggregate Llmit � $ 0 Deductible $ 0 � N (Y/N) — Part 2, when indicated (Y), includes optional Waste Coverage under Part 2 Limited � Farrri Pollution Liability Coverage item 3. and the revised"pollutants"definition under C. 6, li � PA12T 3—FARM EI�IVII�Q�++IMEIVTAL DAMAd3E CLEe4N UP COVEff2AGE � � 50,000 "IncidenY°Limit ' $ 0 Deductible $ 61 $_2,000,000 TOTAL ENDORSEMENT COVERAGE AGGREGATE (Subject to policy Aggregate) °TOTAL ENDORSEMENT F'REMIUM$ 99 8111 07 12 Page 1 of 1 Page 00972 . - ! I ! P �