Signed Contract_12th Amendment to Dubuque by Carriage Lease_Dock Building_Lindstrom Copyrighted
May 21 , 2018
City of Dubuque Consent Items # 19.
ITEM TITLE: Signed Contract(s)
SUMMARY: Belstar Media Lease for Federal Building space; Dubuque
Area Labor-Management Council Lease for Federal
Building space; Dubuque County Lease for Federal
Building space; lowa State University of Science and
Technology Lease for Federal Building space; United
States Postal Service Lease for Federal Building space;
Dubuque by Carriage/Colleen Lindstrom Lease for
Commercial StreeUDock Board Building; Larry
Gearheart Revocable License for fence maintenance at
1580 Jackson Street.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File
ATTACHMENTS:
Description Type
Belstar Media Lease Supporting Documentation
DALMC Lease Supporting Documentation
Dubuque County Lease Supporting Documentation
ISU Lease Supporting Documentation
USPS Lease Supporting Documentation
Dubuque by Carriage/Lindstrom Lease Supporting Documentation
Gearheart Revocable License Supporting Documentation
Dubuque Economic Development Department
THE CITY OF � 50 West 13th Street
Ail•AmericaCity Dubuque,lowa 52001-4864
U� � � I � 'o( Office(563)589-4393
I I TTY(563)690-6678
htt p://www.c ityofd u b u q u e.o rg
2007•2012
Masterpiece on the Mississippi Zo13.201,
TO: Michael Van Milligen, City Manager
FROM: Maurice Jones, Economic Development Director
SUBJECT: Twelfth Amendment to Lease Agreement with Dubuque By Carriage
DATE: April 4, 2018
INTRODUCTION
This memorandum presents for your review and approval, a Twelfth Amendment to the
Lease Agreement with Colleen B. Lindstrom d/b/a Dubuque By Carriage to extend the
original lease of the former pock Board building located at the terminus of Commercial
Street for a two-year period.
DISCUSSION
On April 27, 2001 , the City entered into a one-year Lease Agreement with Colleen
Lindstrom to operate a carriage business (formerly Rustic Hills Carriage Tours) from the
former pock Board building. The business was relocated to the City-owned building
due to the purchase and demolition of Fischer Companies property along the riverfront
in the Port of Dubuque to accommodate the new Grand Harbor Resort and Waterpark.
The City continued to lease the building to the business on a year-to-year basis, until
the Ninth & Tenth Amendments, which provided for a two-year lease, current lease
terminating April 30, 2018. Additionally, the Fifth Amendment states: "The City
reserves the right to terminate this lease upon 90 days' notice to the lessee." At each
renewal, the City evaluates the need to amend the terms and conditions of the lease.
The 12t" Amendment will offer a two year lease and update the insurance requirements.
To date, no increase in the lease amount ($300/month) has been proposed. Staff is
working with Ms. Lindstrom to remedy the issue of the broken windows, as brought to
our attention by John Klostermann in late March 2018.
As the proposed lease is less than three years, per Section 2(c) of Resolution 307-07, it
may be approved by the City Manager.
RECOMMENDATION/ ACTION STEP
I recommend the City Manager sign the Twelfth Amendment to the Lease.
TWELFTH AMENDMENT
TO
LEASE AGREEMENT
BETWEEN THE CITY OF DUBUQUE, IOWA
AND
COLLEEN B. LINDSTROM d/b/a DUBUQUE BY CARRIAGE
This Eleventh Amendment to Lease Agreement between the City of Dubuque,
lowa (Lessor) and Colleen B. Lindstrom f/k/a Colleen Bradley d/b/a Dubuque By Carriage
(Lessee) is made as of the l�'`±day of April, 2018.
WHEREAS, Lessor and Lessee entered into a Lease Agreement dated April 27,
2001, as amended, which Lease Agreement as amended expires April 30, 2018; and
WHEREAS Lessor and Lessee desire to extend the term of the Lease Agreement.
NOW, THEREFORE, IT IS AGREED BY AND BETWEEN LESSOR AND
LESSEE AS FOLLOWS:
1. The first paragraph of Article I of the Lease Agreement is hereby amended to read
as follows:
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 described in Exhibit A attached to and made a part of this Lease, together
with any and all easements and appurtenances thereto and subject to any easements
that are restrictions of record (the "Demised Premises") to have and to hold for a term of
two years commencing on the 1 St day of May, 2018, and terminating at 11:59 p.m. on the
30th day of April, 2020, subject to all of the terms, covenants, conditions and agreements
contained herein.
2. Article IX is amended to read as follows:
ARTICLE IX
INSURANCE
9.1 Lessee shall maintain during the term of this Lease insurance as set forth
in the City's Insurance Schedule O, as such schedule may from time to time be amended.
The current Insurance Schedule O is attached to this Lease. Lessor shall provide written
notice of any amendment to the Insurance Schedule not less than sixty days prior to the
effective date of such amendment.
9.2 Any insurance for Lessee's property kept on the Demised Premises shall
be at Lessee's expense and Lessee agrees to hold Lessor harmless for any loss or
damage to such property by fire or natural causes.
032718ba1
3. All other terms of the Lease Agreement and previous amendments shall remain in
full force and effect.
IN WITNESS WHEREOF, the parties have caused this Eleventh Amendment to
Lease Agreement to be executed as of the day and year first above written.
LESSOR: LESSEE:
CITY OF DUBUQUE, IOWA DUBUQUE BY CARRIAGE
By By �
Michael C. Van Milligen 'lleen B. indstrom
City Manager Owner
F:1Users\tsteckle\LindahlWgreements\DubuqueByCarriage_12thAmendment_032718.docx
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INSURANCE SCHEDULE O
I
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City of Dubuque Insurance Requirements for Motorized and Non-Motorized Vehicles for Hire
INSURANCE SCHEDULE O
1. Dubuque By Carriage shall furnish a signed certificate of insurance to the City of Dubuque, lowa for the coverage
required in Exhibit I prior the effective date of the permit, and at the end of the permit if the term of work is longer
than 60 days. Each certificate shall be prepared on the most current ACORD form approved by the lowa
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: Project#
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 City Clerk 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. The certificate of insurance is a condition to granting and maintaining operator permits and the failure
to obtain or maintain the required insurance shall be considered a material breach of this Agreement and shall be
grounds for revocation by the City Manager and upon such revocation, the permit holder shall cease business as
an operator unless and until the permit is reissued by the City Manager.
5. All required endorsements to various policies shall be attached to certificate of insurance.
6. Whenever a specific ISO form is listed, the current edition of the form must be used unless an equivalent form is
approved by the Finance Director and subject to the permittee identifying and listing in writing all deviations and
exclusions that differ from the ISO form.
7. The permittee shall be required to carry the minimum coverage/limits, or greater if required by law or other legal
agreement, in Exhibit I. If the permittee's limits of liability are higher than the required minimum limits then the
permittee's limits shall be this AgreemenYs required limits.
Page 4 of 6 Schedule O Motorized And Non-Motorized Vehicles For Hire July 2017
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City of Dubuque Insurance Requirements for Motorized and Non-Motorized Vehicles for Hire
INSURANCE SCHEDULE O (continued)
Exhibit I
MOTORIZED VEHICLES FOR HIRE
A) COMMERCIAL AUTOMOBILE LIABILITY
Limit of Liability $1,000,000
Uninsured and Underinsured Motorists $1,000,000
Policy shall include Waiver of Right to Recover from Other endorsement.
B) WORKERS' COMPENSATION & EMPLOYERS LIABILITY
Statutory benefits covering all employees injured on the job by accident or disease as prescribed by lowa
code Chapter 85 as amended.
Coverage A Statutory—State of lowa
Coverage B Employers Liability
Each Accident $100,000
Each Employee-Disease $100,000
Policy Limit-Disease $500,000
Policy shall include Waiver of Right to Recover from Other endorsement.
Nonelection of Workers' Compensation or Employers' Liability Coverage under lowa Code sec. 87.22
_yes _form attached
NON-MOTORIZED VEHICLES FOR HIRE
A) COMMERCIAL GENERAL LIABILITY
General Aggregate Limit $2,000,000
Products-Completed Operations Aggregate Limit $1,000,000
Personal and Advertising Injury Limit $1,000,000
Each Occurrence $1,000,000
Fire Damage Limit(any one occurrence) $50,000
Medical Payments $5,000
1) Coverage shall be written on an occurrence, not claims made, form. The general liability
coverage shall be written in accord with ISO form CG0001 or business owners form BP0002. All
deviations from the standard ISO commercial general liability form CG 0001, or business owners
form BP 0002, shall be clearly identified.
2) Include additional insured endorsement for:
The City of Dubuque, including all its elected and appointed officials, all its employees and
volunteers, all its boards, commissions and/or authorities and their board members,
employees and volunteers. Use ISO form CG 2026.
3) Include Preservation of Governmental Immunities endorsement. (Sample attached.)
4) Policy shall include Waiver of Right to Recover from Other endorsement.
Page 5 of 6 Schedule O Motorized And Non-Motorized Vehicles For Hire July 2017
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City of Dubuque Insurance Requirements for Motorized and Non-Motorized Vehicles for Hire
PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT
1. Nonwaiver of Governmental Immunitv. The insurer expressly agrees and states that the purchase of this policy
and the including of the City of Dubuque, lowa as an Additional Insured does not waive any of the defenses of
governmental immunity available to the City of Dubuque, lowa under Code of lowa Section 670.4 as it is now exists and
as it may be amended from time to time.
2. Claims Coveraqe. The insurer further agrees that this policy of insurance shall cover only those claims not subject
to the defense of governmental immunity under the Code of lowa Section 670.4 as it now exists and as it may be
amended from time to time. Those claims not subject to Code of lowa Section 670.4 shall be covered by the terms and
conditions of this insurance policy.
3. Assertion of Government Immunitv. The City of Dubuque, lowa shall be responsible for asserting any defense of
governmental immunity, and may do so at any time and shall do so upon the timely written request of the insurer.
4. Non-Denial of Coveraqe. The insurer shall not deny coverage under this policy and the insurer shall not deny any
of the rights and benefits accruing to the City of Dubuque, lowa under this policy for reasons of governmental immunity
unless and until a court of competentjurisdiction has ruled in favor of the defense(s)of governmental immunity asserted
by the City of Dubuque, lowa.
No Other Chanqe in Policy. The above preservation of governmental immunities shall not otherwise change or alter the
coverage available under the policy.
Page 6 of 6 Schedule O Motorized And Non-Motorized Vehicles For Hire July 2017
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