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Signed Contract_Dubuque County Leases in Federal Building 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 L.EASE AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND DUBUQUE COUNTY, IOWA This Lease Agreement (the Lease), dated for ref�r�n�e purposes the 1st day of July, 2018, is entered into by and befiw��n �he �Qfy �fi C?i,Abuq��, lowa (Landlord) whose address for the purpose of this Lease is 50 W�st 13th Street, �7ubuque IA 52001, and Dubuque County, lowa (Tenant) whose addres� �'or the purpose of this Lease is 4th Floor, Dubuque County Courthouse, 720 Central Avenue, Dubuque, IA 52001. SECTION 1. PREMISES AND TERM. Landlord, in consideration of the rents, agreements, and conditions herein contained, leases to Tenant and Tenant leases from Landlord, accordinq to the terms of this Lease, the following described premises (the Leased Premises) situated in Dubuque County, lowa: Room(s) 301, 306, and 308 which comprise One Thousand One Hundred Twenty-Three (1,123) square feet on the third floor Federal Building, located at 350 West 6th Street, Dubuque, lowa 52001 Use of conference room which is available to all tenants ' with the improvements thereon, and all rights, easements and appurtenances, which, more particularly, includes the space and premises as may be shown on attached Exhibit A, for a term of one (1) year (the Term), commencing July 1, 2018, and ending at 11:59 p.rn. June 30, 2019, upon the condition that Tenant pays rent therefor, and otherwise perForms as in this Lease provided. : SECTION 2. RENTAL. Tenant agrees to pay to Landlord as rental for the Term as follows: ' Lessee will pay to Lessor as monthly rent for the Leased Premises the sum of One ' Thousand Four Hundred Nine and $1/100 dollars ($1,409.81) ($15.06/sq. ft.) (the Base ' Rent) eomrnencing on July 1, 2018 and on the 15t day of each month thereafter during ' the Term of this Lease. All sums must be paid to the Finance Department at the address of Landlord, as above designated, or at such other place in lowa, or elsewhere, : as Landlord may, from time to time, designate in writing. Delinquent payments will draw infierest at 9% per annum from the due date, until paid. SECTION 3. POSSESSION. Tenant will be entitled fio possession on the first day of the Term of this Lease, and must yield possession to Landlord at the end of the Term, except as herein otherwise expressly provided. Should Landlord be unable to give ; possession on said date, Tenant's only damages will be a rebating of the pro rata rental. +,' i i ; 030718ba1 � i i' � � SECTION 4. USE OF PREMISES. Tenant covenants and agrees during the Term of this Lease to use and to occupy the Leased Premises only for the business use of the Dubuque Drug Task Force. SECTION 5. QUIET ENJOYMENT. Landlord covenants that its estate in said Leased Premises is in fee simple and that Tenant, if not in default, will peaceably have, hold and enjoy the Leased Premises for the Term of this Lease. Landlord has the right to mortgage all of its right, title, and interest in the Leased Premises at any time without notice, subject to this Lease. SECTION 6. EQUIPMENT, DECORATING, REPLACEMENT, REPAIR AND MAINTENANCE. 6.1 Definitions. (1) "Maintain" means to clean and keep in good condition. (2) "Repair" means to fix and restore to good condition after damage, deterioration or partial destruction. 6.2 Conditions of Premises. Tenant takes the Leased Premises in its present condition, except for such repairs and alterations as may be expressly otherwise ' provided in fihis Lease. 6.3 Repairs and Maintenance. ' (1) Landlord must replace and repair the structural parts of the building. For : purposes of this Lease, the structural parts of the building are the foundation, ' exterior walls, load bearing components of interior floors and walls, the roof and all sewers, pipes, wiring and electrical fixtures outside of the structure. : (2) Landlord is responsible for maintenance of all common area under Landlord's control. Tenant is responsible for all maintenance within the Leased Premises. (3) Each party must perform its responsibilities of repair and maintenance to the end that the Leased Premises will be kept in a safe and serviceable condition. Neither party will permit nor allow the Leased Premises to be damaged or depreciated in value by any act, omission to act, or negligence of itself, its agents or employees. 6.4 Equipment, Decoratinq and Alterations (1) The following items of equipment, furnishings and fixtures will be supplied j and repl�c�u uy�►� pa���cs as follows: � ; � i � � 2 I � I Blinds: Landlord Carpet: Landlord (2) Any equipment, furnishings or fixtures to be supplied by Tenant are subject to Landlord's prior written approval as to quality and method of installation. Tenant will provide all trade equipment, furnishings and fixtures used in connection with the operation of its business, such as telephones, computers, desks, chairs, shelving and similar items. (3) Tenant is responsible for all interior decorating. Tenant may not make any structural alterations or improvements without the prior written consent of Landlord. 6.5 Americans With Disabilities Act. Tenant will make no unlawful use of the Leased Premises and agrees to comply with all valid regulations of the Board of Health, City Ordinances, the laws of the Stafie of lowa and the federal government, but this provision is not be construed as creating any duty by Tenant to members of the generat public, provided, however, responsibility for compliance with the Americans with Disabilities Act will be perFormed and paid for by the parties as follows: Common areas Landlord: 100% Tenants' area Initial compliance (specify) Landlord: 100% Future compliance Landlord: 100% . SECTION 7. UTILITIES, SERVICES, PROPERTY TAXES. Utilities and services will be furnished and paid for by the parties as follows: PROVIDED BY: PAID BY: % Landlord % Tenant ' Electricity Landlord 100 p Gas Landlord 100 p Wafier and Sewer Landlord 100 p Garbage/Trash Landlord 100 p Property Taxes Tenant 0 100 ' Janitor/Cleaning Tenant 0 100 Common areas Landlord 100 p Other: Tenant 0 100 Tenant agrees to reimburse Landlord for the property taxes attributable to the Leased Premises and paid by Landlord within thirty (30) days after receipt of a statement from Landlord for such property taxes. � ; SECTION 8. TERMINATION, SURRENDER OF PREMISES AT END OF TERM -- � ; 3 REMOVAL OF FIXTURES. 8.1 Terminati�n. Tl��� ��:uJ� Yvill terminate upon expiration of the original Term. 8.2 Surrender. Tenant agrees that upon termination of this Lease it will surrender and deliver the Leased Premises in good and clean condition, except the effects of ordinary wear and tear and depreciation arising from lapse of time, or damage without fault or liability of Tenant. 8.3 Holdinq Over. Continued possession by Tenant, beyond the expiration of its tenancy, coupled with fihe receipt of the specified rental by Landlord (and absent a written agreement by both parties for an extension of this Lease, or for a new lease) will constitute a month to month extension of this Lease. 8.4 Removal of Fixtures. Tenant may, at the expiration of its tenancy, if Tenant is not in default, remove any fixtures or equipment which Tenant has installed in the Leased Premises, pro��idin� TAn.�!-►t re�airs any and all damages caused by removaL SECTION 9. ASSIGNMENT AND SUBLETTING. Any assignment of this Lease or subletting of the Leased Premises or any part thereof, without Landlord's written permission will, at the option of Landlord, make the rental for the balance of the Lease Term due and payable at once. Such written permission may not be unreasonably withheld. SECTION 10. INSURANCE. 10.1 Propertv Insurance. Landlord and Tenant agree to insure their respective real and personal property for the full insurable value. Such insurance must cover losses included in the Insurance Services Official Broad Form Causes of Loss (formerly fire and extended coverage), 10.2 Liabilitv Insurance. Tenant must at all times during the Term of this Lease maintain its membership in the lowa Communities Assurance Pool or provide insurance as described in the attached Insurance Schedule as such schedule may from time to ' time be revised by Landlord. 10.3 Certificates Of Insurance. Prior to the time this Lease takes effect Tenant will provide Landlord with a certificate of insurance with these property and liability insurance requirements. A renewal certificate must be provided prior to expiration of the current policies. 10.4 Acts By Tenant. Tenant will not do or omit doing of any act which would invalidate any insurance, or increase the insurance rates in force on the Leased Premises. 10.5 Recommendations - lowa Insurance Services Office. Tenant further agrees to � ; � 4 ! I i i' I comply with recommendations of lowa Insurance Services Office and to be liable for and to prompify p�y, �� i�' �urrent rental, any increase in insurance rates on said premises and on the building of which said Leased Premises are a part, due to increased risks or hazards resulting from Tenant's use of the Leased Premises otherwise than as herein contemplated and agreed. 10.6 Copv of Lease to Insurer. Landlord and Tenant must each provide a copy of this Lease #o their respective insurers. SECTION 11. LIABILITY FOR DAMAGE. Each party agrees it is liable to the other for all damage to the property ofi the other negligently, recklessly or intentionally caused by that party, or their agents, employees or invitees. SECTION 12. INDEMNITY. Tenant agrees to indemnify and hold harmless Landlord, its officers and employees, from and against any and all claims of any kind arising out of or related to Tera��t'� ���'�r,�ar�ce of its obligations in this Lease. SECTION 13. FIRE AND CASUALTY. 13.1 Partial Destruction of Premises. In the event of a partial destruction or damage of the Leased Premises, which is a business interference which prevents t he con ducting of a normal business operation and which damage is repairable within 60 days after its occurrences, this Lease will not terminate but the rent for the Leased Premises will be abated during the time of such business interference. In the event of a partial destruction, Landlord will repair such damages within 60 days of its occurrence unless prevented from doing so by acts of God, government regulafiions, or other causes beyond Landlord's reasonable control. 13.2 Zoninq. Should the zoning ordinance of the municipality in which this property is located make ifi impc�si�lR f�r L�ndlord to repair or rebuild so that Tenant is not able to ' conduct its business on the Leased Premises, then such partial destruction will be treated as a total destruction as provided in the next paragraph. 13.3 Total Destruction of Business Use. In the event of a destruction or damage of ' the Leased Premises including the parking area (if parking area is a part of this Lease) so that Tenant is not able to conduct its business on the Leased Premises or the then current legal use for which the Leased Premises are being used and which damages cannot be repaired within 60 days, this Lease may be terminated at the option of either Landlord or Tenanfi. Such termination in such event will be affected by written notice of one party to the other, within 20 days after such destruction. Tenant must surrender possession within 10 days after such notice issues and each party will be released from all future obligations, and Tenant must pay rent pro rata only to the date of such destruction. In the event of such termination of this Lease, Landlord at its option, may rebuild or not, �t it� �i$cretion. � i SECTION 14. CONDEMNATION. � i 5 � � , i I 14.1 Disposition of Awards. Should the whole or any part of the Leased Premises be condemned or taken for any public or quasi-public purpose, each party is entitled to retain, as its own property, any award payable to it. Or in the event that a single entire award is made on account of the condemnation, each party will then be entitled to take such proportion of said award as may be fair and reasonable. 14.2 Date of Lease Termination. If the whole of the Leased Premises is condemned or taken, Landlord will not be liable to Tenant except and as its rights are preserved in paragraph 13.1 above. SECTION 15. DEFAULT, NOTICE OF DEFAULT AND REMEDIES. 15.1 Events of Default. Each of the following constitutes an event of default by Tenant: (1) Failure to pay renf when due. (2) Faiture to observe or perform any duties, obligations, agreements or conditions imposed on Tenant pursuant to terms of the Lease. (3) Abandonment of the Leased Premises. "Abandonment" means Tenant has failed to engage in its usual and customary business activities on the Leased Premises for more than fifteen (15) consecutive business days. j (4) Institution of voluntary bankruptcy proceedings in which the Court orders relief against Tenant as a debtor; assignment for the benefit of creditors of the interest of Tenant under this Lease; appointment of a receiver for the property or affairs of Tenant, where the receivership is not vacated within ten (10) days after ' the appointment of the receiver. 15.2 Notice of Default. Landlord must give Tenant a written notice specifying the default and giving Tenant ten (10) days in which to correct the default. If there is a default (other than for nonpayment of a monetary obligation of Tenant, including rent) that cannot be remedied in ten (10) days by diligent efforts of Tenant, Tenant must propose an additional period of time in which to remedy the default. Consent to additional time may not be unreasonably withheld by Landlord. Landlord is not required to give Tenant any more than three notices for the same default within any 365-day period. 15.3 Remedies. In the event Tenant has not remedied a default in a timely manner following a Notice of Default, Landlord may proceed with all available remedies at law or in equity, including but not limited to the following: ; (1) T�rrr�ifidii��. Ld��uiord may declare this Lease to be terminated and must � give Tenant a written notice of such termination. In the event of termination of 6 I � ; i I this Lease, Landlord is entitled to prove claim for and obtain judgment against Tenant for the balance of the rent agreed to be paid for the Term herein provided, plus all expenses of Landlord in regaining possession of the Leased Premises and the reletting thereof, including attorney's fees and court costs, crediting against such claim, however, any amount obtained by reason of such reletting. (2) Forfeiture. If a default is not remedied in a timely manner, Landlord may then declare this Lease to be forfeited and must give Tenant a written notice of such forfeiture, and may, at the time, give Tenant the notice fio quit provided for in Chapter 648 of the lowa Code. SECTION 16. RIGHT OF EITHER PARTY TO MAKE GOOD ANY DEFAULT OF THE OTHER. If default is made by either party in the performance of, or compliance with, any of the terms or conditions of this Lease, and such default continues for thirty (30) days after written notice thereof from one party to the other, the person aggrieved, in addition to alf otl�er remedies now or hereafter provided by law, may, but need not, perform such term or condition, or make good such default and any amount advanced will be repaid forthwith on demand, together with interest at the rate of 9% per annum, from date of advance. SECTION 17. SIGNS. Tenant may not attach, paint or exhibit any signs on the Leased Premises. SECTION 18. MECHANIC'S LIENS. Neither Tenant nor anyone claiming by, through, or under Tenant, may file or place any mechanic's liens or other lien of any ' kind or character whatsoever, upon said Leased Premises or upon any building or improvement thereon, or upon the leasehold interest of Tenant, and notice is hereby ' given that no contractor, sub-contractor, or anyone else who may furnish any material, service or labor for any building, improvements, alteration, repairs or any part thereof, ' may at any time be or pecom� �ntitled to any lien on the Leased Premises, and for the further security of Landlord, Tenant covenants and agrees to give actual notice thereof in advance, to any and all contractors and sub-contractors who may furnish or agree to furnish any such material, service or labor. SECTIOIV 19. LANDLORD°S LIEN AND SECURITY INTEREST. Landlord will have, in addition to any lien given by law, a security interest as provided by the Uniform Commercial Code of lowa, upon all personal property and all substitutions thereof, kept and used on said Leased Premises by Tenant. Landlord may proceed at law or in equity with any remedy provided by law or by this Lease for the recovery of rent, or for termination of this Lease because of Tenant's default in its performance. SECTION 20. ENVIRONMENTAL. 20.1 Landlord. T� ��� �c;� �; Landlord's knowledge to date: i ; 7 ' I I (1) Neither Landlord nor Landlord's former or present tenants are subject to any investigation concerning the Leased Premises by any governmental authority under any appiicabie �ederal, state, or local codes, rules and regulations pertaining to air and water quality, the handling, transportation, storage, treatment, usage, or disposal of toxic or hazardous substances, air emissions, other environmental matters, and all zoning and other land use matters. (2) Any handling, transportation, storage, treatment, or use of toxic or hazardous substances that has occurred on the Leased Premises has been in compliance with all applicable federal, state and local codes, rules and regulations. (3) No leak, spill release, discharge, emission or disposal of toxic or hazardous substances has occurred on the Leased Premises. (4) The soil, groundwater, and soil vapor on or under the Leased Premises is free of toxic or 'riaza�dou5 �ubstances. (5) Landlord assumes liability and will indemnify and hold Tenant harmless against all liability or expense arising from any condition which existed, whether known or unknown, at the time of execution of the Lease which condition is not a result of actions of Tenant or which condition arises after date of execution but which is not a result of actions of Tenant. 20.2 Tenant. Tenant expressly represents and agrees: (1) During the Lease Term, Tenant's use of the Leased Premises will not include the use of any hazardous substance without Tenant first obtaining the written consent of Landlord. Tenant understands and agrees that Landlord's consent is at Landlord's sole option and complete discretion and that such consent ndy {�JC VVltllll��u or may be granted with any conditions or requirements ' that Landlord deems appropriate. (2) During the Lease Term, Tenant will be fully liable for all costs and expenses related to the use, storage, removal and disposal of hazardous substances used or kept on the Leased Premises by Tenant, and Tenant must ' give immediate notice to Landlord of any violation or any potential violation of any environmental regulation, rule, statute or ordinance relating to the use, storage or disposal of any hazardous substance. (3) Tenant, at its sole cost and expense, agrees to remediate, correct or remove from the Leased Premises any contamination of the property caused by any hazardous substances which have been used or permitted by Tenant on the Leased Premises during any term of this Lease. Remediation, correction or remova! ,m��# h� ;r. w s�fe and reasonable manner, and in conformance with all ' applicable laws, rules and regulations. Tenant reserves all rights allowed by law � � 8 j i � to seek indemnity or contribution from any person, other than Landlord, who is or may be liable for any such cost and expense. (4) Tenant agrees to indemnify and hold Landlord harmless from and against all claims, causes of action, damages, loss, costs, expense, penafties, fines, lawsuits, liabilities, attorney fees, engineering and consulting fees, arising out of or in any manner connected with hazardous substances, which are caused or created by Tenant on or after the date of this Lease and during any term of this Lease, including, but not limited to, injury or death to persons or damage to property, and including any diminution of the vatue of any Leased Premises which may result from the foregoing. This indemnity will survive the cessation, termination, abandonment or expiration of this Lease. SECTION 21. SUBSTITUTION OF EQUIPMENT, MERCHANDISE. ETC. 21.1 Tenant's Propertv. During its tenancy, Tenant has the right to sell or otherwise dispose of any pers���di �rc�peRy of Tenant situated on the Leased Premises, when in the judgment of Tenant it has become obsolete, outworn or unnecessary in connection with the operation of the business on the Leased Premises; provided, however, that Tenant must, in such instance (unless no substituted article or item is necessary) at its own expense, substitute for such items a new or other item in substitution thereof, in like or greater value. 21.2 Inventorv. Nothing herein contained will be construed as denying to Tenant the right to dispose of inventoried merchandise in the ordinary course of Tenant's trade or ' business. SECTION 22. RIGHTS CUMULATIVE. The various rights, powers, options, elections and remedies of either party, provided in this Lease, will be construed as cumulative and no one of them as exclusive of the others, or exclusive of any rights, remedies or priorities allowe� �iii ici Na�� by law, and may in no way affect or impair the right of ' either party to pursue any other equitable or legal remedy to which either party may be entitled as long as any default remains in any way unremedied, unsatisfied or undischarged. SECTION 23. NOTICES AND DEMANDS. All notices, demands, or other writings in this Lease provided to be given or made or sent, or that may be given or made or sent, by either party to the other, will be deemed to have been fully given or made or sent when made in writing and 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 LANDLORD: City of Dubuque, lowa c/o City Manager _ _ C;#� !--lall ! 50 West 13th Street 9 i � I � Dubuque, lowa 52001 TO TENA��T: ��u�que County, lowa c/o Dubuque County Sheriff 720 Central Avenue Dubuque, lowa 52001 SECTION 24. CONSTRUCTION. Words and phrases herein, including acknowledgment hereof, will be construed as in the singular or plural number, and as masculine, feminine, or neuter gender according to the context. SECTION 25. COMPLIANCE WITH LAW. During the term of this Lease, Tenant must comply with all laws applicable to Tenant's use of the Leased Premises. SECTION 26. MISCELLANEOUS. 26.1 Governie�� L�:�!.. !t �s �greed that this Lease will be governed by, construed, and enforced in accordance with the laws of the State of lowa. 26.2 Paraqraph Headings. The titles to the paragraphs of this Lease are solely for the convenience of the parties and will not be used to explain, modify, simplify, or aid in the interpretation of the provisions of this Lease. 26.3 Modification of Aqreement. Any modification of this Lease or additional obligation assumed by either party in connection with this Lease will be binding only if evidenced in writing signed by each party or an authorized representative of each party. ' 26.4 Parties Bound. This Lease binds and inures to the benefit of and applies to the respective successors and assigns of Landlord and Tenant. All references in this Lease ' to "Landlord" or "Tenant" will be deemed to refer to and included successors and assigns of Lancllnr�l or T�nan#without specific mention of such successors or assigns. SECTION 27. FORCE MAJEURE. In the event that either party hereto will be delayed or hindered in or prevented from the performance of any act required hereunder by reason of strikes, lockouts, labor troubles, unavailability of construction ' materials, unavailability or excessive price of fuel, power failure, riots, insurrection, war, ferrorist activities, explosions, hazardous conditions, fire, flood, 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 (collectively Force Majeure), then perFormance of such act will be excused for the period of the delay and tMe period for the performance of any such act will be extended for a period equivalent to the period of such delay. ; CITY OF DUBUQUE, IOWA, � DUBUQUE COUNTY, IOWA, j � 10 j i � LANDLORD TENANT By: gy: ..,,--��' L:. _.�;, .. ____,� Michael C. Van Milligen Joseph L. Kenn dy City Manager Sheriff F:1Users\tstecklelLindahllAgreementslDrug Task Force Lease 2018-2019 030718.doc ; i i 11 ; ; � I g,;///flAvz LEASE AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND DUBUQUE COUNTY, IOWA This Lease Agreement (the "Lease"), dated for reference purposes the 1st day of July, 2018, is entered into by and between the City of Dubuque, Iowa (the "Landlord") whose address for the purpose of this Lease is 50 West 13th Street, Dubuque, IA 52001, and Dubuque County (the "Tenant") whose address for the purpose of this Lease is 720 Central Avenue, Dubuque, IA 52001. SECTION t PREMISES AND TERM. Landlord, in consideration of the rents, agreements, and conditions herein contained, leases to Tenant and Tenant leases from Landlord, according to the terms of this Lease, the following described premises (the Leased Premises) situated in Dubuque County, Iowa: Rooms 203, 204, 209, 210, 212, 213, 215, 217, 256, 267, 268, 272, and 273 which comprise four thousand four hundred eighty-five (4,485) square feet on the second floor Federal Building, located at 350 West 6th Street, Dubuque, Iowa 52001; and, Use of conference room which is available to all tenants with the improvements thereon, and all rights, easements, and appurtenances, which, more particularly, include the space and premises as may be shown on attached "Exhibit A", for a term of one (1) year (the "Term"), commencing July 1, 2018, and ending at 11:59 p.m. on June 30, 2019, upon the condition that Tenant pays rent therefor, and otherwise performs as in this Lease provided. SECTION 2. RENTAL. Tenant agrees to pay to Landlord as rental for the Term, as follows: Lessee will pay to Lessor as monthly rent for the Leased Premises the sum of Five Thousand Eighty -One and 50/100 dollars ($5,081.50) ($13.60/sq. ft.) (the Base Rent) commencing on July 1, 2018 and on the 1st day of each month thereafter during the Term of this Lease. All sums must be paid to the Finance Department at the address of Landlord, as above designated, or at such other place in Iowa, or elsewhere, as Landlord may, from time to time, designate in writing. Delinquent payments will draw interest at 9% per annum from the due date, until paid. SECTION 3. POSSESSION. Tenant will be entitled to possession on the first day of the Term of this Lease, and must yield possession to Landlord at the end of the Term, except as herein otherwise expressly provided. Should Landlord be unable to give possession on said date, Tenant's only damages will be a rebating of the pro rata rental. SECTION 4. USE OF PREMISES. Tenant covenants and agrees during the Term of this Lease to use and to occupy the Leased Premises only for business use of Juvenile Services. 030718ba1 SECTION 5. QUIET ENJOYMENT. Landlord covenants that its estate in said Leased Premises is in fee simple and that Tenant, if not in default, will peaceably have, hold, and enjoy the Leased Premises for the Term of this Lease. Landlord has the right to mortgage all of its right, title, and interest in the Leased Premises at any time without notice, subject to this Lease. SECTION 6. EQUIPMENT, DECORATING, REPLACEMENT, REPAIR, AND MAINTENANCE. 6.1 Definitions. (1) "Maintain" means to clean and keep in good condition. (2) "Repair" means to fix and restore to good condition after damage, deterioration, or partial destruction. 6.2 Conditions of Premises. Tenant takes the Leased Premises in its present condition, except for such repairs and alterations as may be expressly otherwise provided in this Lease. 6.3 Repairs and Maintenance. (1) Landlord must replace and repair the structural parts of the building. For purposes of this Lease, the structural parts of the building are the foundation, exterior walls, load bearing components of interior floors and walls, the roof, and all sewers, pipes, wiring and electrical fixtures outside of the structure. (2) Landlord is responsible for maintenance of all common areas under Landlord's control. Tenant is responsible for all maintenance within the Leased Premises. (3) Each party must perform its responsibilities of repair and maintenance to the end that the Leased Premises will be kept in a safe and serviceable condition. Neither party will permit nor allow the Leased Premises to be damaged or depreciated in value by any act, omission to act, or negligence of itself, its agents, or employees. 6.4 Equipment, Decorating and Alterations. (1) The following items of equipment, furnishings, and fixtures will be supplied and replaced by the parties as follows: Blinds: Landlord Carpet: Landlord (2) Any equipment, furnishings, or fixtures to be supplied by Tenant are subject to Landlord's prior written approval as to quality and method of installation. Tenant will provide all trade equipment, furnishings, and fixtures used in connection with the operation of its business, such as telephones, computers, desks, chairs, 2 shelving, and similar items. (3) Tenant is responsible for all interior decorating. Tenant may not make structural alterations or improvements without the prior written consent of Landlord. 6.5 Americans With Disabilities Act. Tenant will make no unlawful use of the Leased Premises and agrees to comply with all valid regulations of the Board of Health, City ordinances, the laws of the State of Iowa and the federal government, but this provision may not be construed as creating any duty by Tenant to members of the general public, provided, however, responsibility for compliance with the Americans with Disabilities Act will be performed and paid for by the parties as follows: Common areas Tenants' area: Initial compliance (specify) Future compliance Landlord: 100% Landlord: 100% Landlord: 100% SECTION 7. UTILITIES, SERVICES, PROPERTY TAXES. Utilities and services will be furnished and paid for by the parties as follows: PROVIDED BY: PAID BY: % Landlord % Tenant Electricity Landlord 100 0 Gas Landlord 100 0 Water and Sewer Landlord 100 0 Garbage/Trash Landlord 100 0 Janitor/Cleaning Tenant 0 100 Common areas Landlord 100 0 Property Taxes Tenant 0 100 Other: Tenant 0 100 Tenant agrees to reimburse Landlord for the property taxes attributable to the Leased Premises and paid by Landlord within thirty (30) days after receipt of a statement from Landlord for such property taxes. SECTION 8. TERMINATION, SURRENDER OF PREMISES AT END OF TERM — REMOVAL OF FIXTURES. 8.1 Termination. This Lease will terminate upon expiration of the original Term. 8.2 Surrender. Tenant agrees that upon termination of this Lease it will surrender and deliver the Leased Premises in good and clean condition, except the effects of ordinary wear and tear and depreciation arising from lapse of time, or damage without fault or liability of Tenant. 3 8.3 Holding Over. Continued possession by Tenant, beyond the expiration of its tenancy, coupled with the receipt of the specified rental by Landlord (and absent a written agreement by both parties for an extension of this Lease, or for a new lease) will constitute a month to month extension of this Lease. 8.4 Removal of Fixtures. Tenant may, at the expiration of its tenancy, if Tenant is not in default, remove any fixtures or equipment which Tenant has installed in the Leased Premises, providing Tenant repairs any and all damages caused by removal. SECTION 9. ASSIGNMENT AND SUBLETTING. Any assignment of this Lease or subletting of the Leased Premises or any part thereof, without Landlord's written permission will, at the option of Landlord, make the rental for the balance of the Lease Term due and payable at once. Such written permission may not be unreasonably withheld. SECTION 10. INSURANCE. 10.1 Property Insurance. Landlord and Tenant agree to insure their respective real and personal property for the full insurable value. Such insurance must cover losses included in the Insurance Services Official Broad Form Causes of Loss (formerly fire and extended coverage). 10.2 Liability Insurance. Tenant must at all times during the Term of this Lease maintain its membership in the Iowa Communities Assurance Pool or provide insurance as described in the attached Insurance Schedule as such schedule may from time to time be revised by Landlord. 10.3 Certificates Of Insurance. Prior to the time this Lease takes effect Tenant will provide Landlord with a certificate of insurance with these property and liability insurance requirements. A renewal certificate must be provided prior to expiration of the current policies. 10.4 Acts by Tenant. Tenant will not do or omit doing of any act which would invalidate any insurance, or increase the insurance rates in force on the Leased Premises. 10.5 Recommendations - Iowa Insurance Services Office. Tenant further agrees to comply with recommendations of Iowa Insurance Services Office and to be liable for and to promptly pay, as if current rental, any increase in insurance rates on said premises and on the building of which said Leased Premises are a part, due to increased risks or hazards resulting from Tenant's use of the Leased Premises otherwise than as herein contemplated and agreed. 10.6 Copy of Lease to Insurer. Landlord and Tenant must each provide a copy of this Lease to their respective insurers. SECTION 11. LIABILITY FOR DAMAGE. Each party agrees it is liable to the other for all damage to the property of the other negligently, recklessly, or intentionally caused by that party, or their agents, employees, or invitees. 4 SECTION 12. INDEMNITY. Tenant agrees to indemnify and hold harmless Landlord, its officers and employees, from and against any and all claims of any kind arising out of or related to Tenant's performance of its obligations in this Lease. SECTION 13. FIRE AND CASUALTY. 13.1 Partial Destruction of Premises. In the event of a partial destruction or damage of the Leased Premises, which is a business interference which prevents the conducting of a normal business operation and which damage is repairable within 60 days after its occurrences, this Lease will not terminate but the rent for the Leased Premises will be abated during the time of such business interference. In the event of a partial destruction, Landlord will repair such damages within 60 days of its occurrence unless prevented from doing so by acts of God, government regulations, or other causes beyond Landlord's reasonable control. 13.2 Zoning. Should the zoning ordinance of the municipality in which this property is located make it impossible for Landlord to repair or rebuild so that Tenant is not able to conduct its business on the Leased Premises, then such partial destruction will be treated as a total destruction as provided in Section 13.3. 13.3 Total Destruction of Business Use. In the event of a destruction or damage of the Leased Premises that is not the fault of Tenant, including the parking area (if parking area is a part of this Lease) so that Tenant is not able to conduct its business on the Leased Premises or the then current legal use for which the Leased Premises are being used and which damages cannot be repaired within sixty (60) days, this Lease may be terminated at the option of either Landlord or Tenant. Such termination in such event will be affected by written notice of one party to the other, within twenty (20) days after such destruction. Tenant must surrender possession within ten (10) days after such notice issues and each party will be released from all future obligations, and Tenant must pay rent pro rata only to the date of such destruction. In the event of such termination of this Lease, Landlord at its option, may rebuild or not, at its discretion. SECTION 14. CONDEMNATION. 14.1 Disposition of Awards. Should the whole or any part of the Leased Premises be condemned or taken for any public or quasi -public purpose, each party is entitled to retain, as its own property, any award payable to it. Or in the event that a single entire award is made on account of the condemnation, each party will then be entitled to take such proportion of said award as may be fair and reasonable. 14.2 Date of Lease Termination. If the whole of the Leased Premises is condemned or taken, Landlord will not be liable to Tenant except and as its rights are preserved in Section 13.1. SECTION 15. DEFAULT, NOTICE OF DEFAULT AND REMEDIES. 15.1 Events of Default. 5 Each of the following constitutes an event of default by Tenant: (1) Failure to pay rent when due; (2) Failure to observe or perform any duties, obligations, agreements, or conditions imposed on Tenant pursuant to terms of the Lease; (3) Abandonment of the Leased Premises. "Abandonment" means Tenant has failed to engage in its usual and customary business activities on the Leased Premises for more than fifteen (15) consecutive business days; (4) Institution of voluntary bankruptcy proceedings in which the Court orders relief against Tenant as a debtor; assignment for the benefit of creditors of the interest of Tenant under this Lease; appointment of a receiver for the property or affairs of Tenant, where the receivership is not vacated within ten (10) days after the appointment of the receiver. 15.2 Notice of Default. Landlord must give Tenant a written notice specifying the default and giving Tenant ten (10) days in which to correct the default. If there is a default (other than for nonpayment of a monetary obligation of Tenant, including rent) that cannot be remedied in ten (10) days by diligent efforts of Tenant, Tenant must propose an additional period of time in which to remedy the default. Consent to additional time may not be unreasonably withheld by Landlord. Landlord is not required to give Tenant any more than three (3) notices for the same default within any three hundred sixty-five (365) day period. 15.3 Remedies. In the event Tenant has not remedied a default in a timely manner following a Notice of Default, Landlord may proceed with all available remedies at law or in equity, including but not limited to the following: (1) Termination. Landlord may declare this Lease to be terminated and must give Tenant a written notice of such termination. In the event of termination of this Lease, Landlord is entitled to prove claim for and obtain judgment against Tenant for the balance of the rent agreed to be paid for the Term herein provided, plus all expenses of Landlord in regaining possession of the Leased Premises and the reletting thereof, including attorney's fees and court costs, crediting against such claim, however, any amount obtained by reason of such reletting. (2) Forfeiture. If a default is not remedied in a timely manner, Landlord may then declare this Lease to be forfeited and must give Tenant a written notice of such forfeiture, and may, at the time, give Tenant the notice to quit provided for in Chapter 648 of the Iowa Code. SECTION 16. RIGHT OF EITHER PARTY TO MAKE GOOD ANY DEFAULT OF THE OTHER. If default is made by either party in the performance of, or compliance with, any of the terms or conditions of this Lease, and such default continues for thirty (30) days after written notice thereof from one party to the other, the person aggrieved, in addition to all other remedies now or hereafter provided by law, may, but need not, perform such term or condition, or make good such default and any amount advanced will be repaid 6 forthwith on demand, together with interest at the rate of nine percent (9%) per annum, from date of advance. SECTION 17. SIGNS. Tenant may not attach, paint, or exhibit any signs on the Leased Premises. SECTION 18. MECHANIC'S LIENS. Neither Tenant nor anyone claiming by, through, or under Tenant, may file or place any mechanic's liens or other lien of any kind or character whatsoever, upon said Leased Premises or upon any building or improvement thereon, or upon the leasehold interest of Tenant, and notice is hereby given that no contractor, sub -contractor, or anyone else who may furnish any material, service or labor for any building, improvements, alteration, repairs, or any part thereof, may at any time be or become entitled to any lien on the Leased Premises, and for the further security of Landlord, Tenant covenants and agrees to give actual notice thereof in advance, to any and all contractors and sub -contractors who may furnish or agree to furnish any such material, service, or labor. SECTION 19. LANDLORD'S LIEN AND SECURITY INTEREST. Landlord will have, in addition to any lien given by law, a security interest as provided by the Uniform Commercial Code of Iowa, upon all personal property and all substitutions thereof, kept and used on said Leased Premises by Tenant. Landlord may proceed at law or in equity with any remedy provided by law or by this Lease for the recovery of rent, or for termination of this Lease because of Tenant's default in its performance. SECTION 20. ENVIRONMENTAL. 20A Landlord. To the best of Landlord's knowledge to date: (1) Neither Landlord nor Landlord's former or present tenants are subject to any investigation concerning the Leased Premises by any governmental authority under any applicable federal, state, or local codes, rules, and regulations pertaining to air and water quality, the handling, transportation, storage, treatment, usage, or disposal of toxic or hazardous substances, air emissions, other environmental matters, and all zoning and other land use matters; (2) Any handling, transportation, storage, treatment, or use of toxic or hazardous substances that has occurred on the Leased Premises has been in compliance with all applicable federal, state, and local codes, rules, and regulations; (3) No leak, spill release, discharge, emission, or disposal of toxic or hazardous substances has occurred on the Leased Premises. (4) The soil, groundwater, and soil vapor on or under the Leased Premises is free of toxic or hazardous substances; and (5) Landlord assumes liability and will indemnify and hold Tenant harmless against all liability or expense arising from any condition which existed, whether known or unknown, at the time of execution of the Lease which condition is not a 7 result of actions of Tenant or which condition arises after date of execution but which is not a result of actions of Tenant. 20.2 Tenant. Tenant expressly represents and agrees: (1) During the Lease Term, Tenant's use of the Leased Premises will not include the use of any hazardous substance without Tenant first obtaining the written consent of Landlord. Tenant understands and agrees that Landlord's consent is at Landlord's sole option and complete discretion and that such consent may be withheld or may be granted with any conditions or requirements that Landlord deems appropriate; (2) During the Lease Term, Tenant will be fully liable for all costs and expenses related to the use, storage, removal, and disposal of hazardous substances used or kept on the Leased Premises by Tenant, and Tenant must give immediate notice to Landlord of any violation or any potential violation of any environmental regulation, rule, statute, or ordinance relating to the use, storage, or disposal of any hazardous substance; (3) Tenant, at its sole cost and expense, agrees to remediate, correct, or remove from the Leased Premises any contamination of the property caused by any hazardous substances which have been used or permitted by Tenant on the Leased Premises during any term of this Lease. Remediation, correction, or removal must be in a safe and reasonable manner, and in conformance with all applicable laws, rules, and regulations. Tenant reserves all rights allowed by law to seek indemnity or contribution from any person, other than Landlord, who is or may be liable for any such cost and expense; and (4) Tenant agrees to indemnify and hold Landlord harmless from and against all claims, causes of action, damages, loss, costs, expense, penalties, fines, lawsuits, liabilities, attorney fees, engineering and consulting fees, arising out of or in any manner connected with hazardous substances, which are caused or created by Tenant on or after the date of this Lease and during any term of this Lease, including, but not limited to, injury or death to persons or damage to property, and including any diminution of the value of any Leased Premises which may result from the foregoing. This indemnity will survive the cessation, termination, abandonment, or expiration of this Lease. SECTION 21. SUBSTITUTION OF EQUIPMENT, MERCHANDISE, ETC. 21.1 Tenant's Property. During its tenancy, Tenant has the right to sell or otherwise dispose of any personal property of Tenant situated on the Leased Premises, when in the judgment of Tenant it has become obsolete, outworn, or unnecessary in connection with the operation of the business on the Leased Premises; provided, however, that Tenant must, in such instance (unless no substituted article or item is necessary) at its own expense, substitute for such items a new or other item in substitution thereof, in like or greater value. 21.2 Inventory. Nothing herein contained will be construed as denying to Tenant the 8 right to dispose of inventoried merchandise in the ordinary course of Tenant's trade or business. SECTION 22. RIGHTS CUMULATIVE. The various rights, powers, options, elections, and remedies of either party, provided in this Lease, will be construed as cumulative and no one of them as exclusive of the others, or exclusive of any rights, remedies, or priorities allowed either party by law, and may in no way affect or impair the right of either party to pursue any other equitable or legal remedy to which either party may be entitled as long as any default remains in any way unremedied, unsatisfied, or undischarged. SECTION 23. NOTICES AND DEMANDS. All notices, demands, or other writings in this Lease provided to be given or made or sent, or that may be given or made or sent, by either party to the other, will be deemed to have been fully given or made or sent when made in writing and 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 LANDLORD: City of Dubuque, Iowa c/o City Manager City Hall 50 West 13th Street Dubuque, Iowa 52001 TO TENANT: Jay Wickham c/o Dubuque County Board of Supervisors 720 Central Avenue Dubuque, Iowa 52001 SECTION 24. CONSTRUCTION. Words and phrases herein, including acknowledgment hereof, will be construed as in the singular or plural number, and as masculine, feminine, or neuter gender according to the context. SECTION 25. COMPLIANCE WITH LAW. During the term of this Lease, Tenant must comply with all laws applicable to Tenant's use of the Leased Premises. SECTION 26. MISCELLANEOUS. 26.1 Governing Law. It is agreed that this Lease will be governed by, construed, and enforced in accordance with the laws of the State of Iowa. 26.2 Paragraph Headings. The titles to the paragraphs of this Lease are solely for the convenience of the parties and will not be used to explain, modify, simplify, or aid in the interpretation of the provisions of this Lease. 26.3 Modification of Agreement. Any modification of this Lease or additional obligation assumed by either party in connection with this Lease will be binding only if evidenced in writing signed by each party or an authorized representative of each party. 26.4 Parties Bound. This Lease binds and inures to the benefit of and applies to the 9 respective successors and assigns of Landlord and Tenant. All references in this Lease to "Landlord" or "Tenant" will be deemed to refer to and include successors and assigns of Landlord and Tenant without specific mention of such successors or assigns. SECTION 27. FORCE MAJEURE. In the event that either party hereto will be delayed or hindered in or prevented from the performance of any act required hereunder by reason of strikes, lockouts, labor troubles, unavailability of construction materials, unavailability or excessive price of fuel, power failure, riots, insurrection, war, terrorist activities, explosions, hazardous conditions, fire, flood, 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 (collectively Force Majeure), then performance of such act will be excused for the period of the delay and the period for the performance of any such act will be extended for a period equivalent to the period of such delay. CITY OF DUBUQUE LANDLORD By: Michael C. Van Milligen City Manager DUBUQUE COUNTY BOARD OF SUPERVISORS, TENANT By: Wickham hairperson F:\Users\tsteckle\Lindahl\Agreements\DubuaueCountvJuvenileServicesLease 2018-2019 022018.docx 10 EXHIBIT A THE LEASED PREMISES 11 12 INSURANCE SCHEDULE A CITY OF DUBUQUE INSURANCE REQUIREMENTS FOR LESSEES OF CITY PROEPRTY AND RIGHT OF WAY LICENSEES OR PERMITTEES 13 City of Dubuque insurance Requirements for Lessees of City Property and Right of Way Licensees or Permittees INSURANCE SCHEDULE A The Club shall furnish a signed certificate of insurance to the City of Dubuque, Iowa for the coverage required in Exhibit I prior to the lease, license, or permit commencement, All lessees of City property and right of way licensees or permittees shall submit an updated certificate annually. Each certificate shall be prepared on the most current ACORD form approved by the Iowa Insurance Division or an equivalent. Each certificate shall include a statement under Description of Operations as to why the certificate was issued. Eg; Project # or lease of premises at or construction of or right of way permitted location and description Lease Agreement dated 2. All policies of insurance required hereunder shall be with an insurer authorized to do business in Iowa and all insurers shall have a rating of A or better in the current AM, Best's Rating Guide, 3. Each certificate shall be furnished to the Leisure Services Department of the City of Dubuque. 4. The lessee, licensee, or permittee shall be required to carry the minimum coverage/limits, or greater if required by law or other legal agreement, in Exhibit I. Failure to provide the required minimum coverage shall not be deemed a waiver of such requirements by the City of Dubuque. 5. Failure to obtain or maintain the required insurance shall be considered a material breach of the lease, license, or permit, 6. All required endorsements shall be attached to certificate, 7, Whenever a specific ISO form Is referenced the current edition of the form must be used unless an equivalent form Is approved by the Finance Director, The lessee, licensee, or permittee must identify and list in writing all deviations and exclusions from the ISO form. 8, If lessee's, licensee's, or permlttee's limits of liability are higher than the required minimum limits then the lessee's, licensee's, or permlttee's limits shall be thls agreement's required limits. 9. Lessee, licensee, or permittee shall require all subcontractors and sub -subcontractors to obtain and maintain during the performance of work insurance for the coverages described in this Insurance Schedule and shall obtain certificates of insurance from all such subcontractors and sub -subcontractors. Lessee, licensee, or permittee agrees that it shall be liable for the failure of a subcontractor and sub -subcontractor to obtain and maintain such coverage, The City may request a copy of such certificates from the lessee, licensee, or permittee. Page 1 of 4 Schedule A Lessees Of City Property; Right Pt Way Licensees or Permittees November 2017 14 City of Dubuque InsuranceRequirements for Lessees of City Property and Right of Way Licensees or Permittees INSURANCE SCHEDULE A (Continued) EXHIBIT I 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 iiability 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 ISO endorsement form CG 25 04 'Designated Location(s) General Aggregate Limit.' 3) Include endorsement indicating that coverage is primary and non-contributory. 4) Include Preservation of Governmental Immunities Endorsement (Samp)e attached), 5) include additional insured endorsement for: The City of Dubuque, including all its elected and appointed officials, all its employees and volunteers, ail Its boards, commissions and/or authorities and their board members, employees and volunteers, Use ISO form OG 20 10 (Ongoing operations) or its equivalent. 6) If lessee, licensee, or permittee utilizes Trikkes or Segways in the conduct of busInesS, Include an endorsement reflecting that these vehicles are not excluded from Commercial General Liability coverage B) WORKERS' COMPENSATION & EMPLOYERS LIABILITY Statutory benefits covering all employees injured on the job by accident or disease as prescribed by Iowa Code Chapter 85 as amended, Coverage A Coverage B Statutory—State of Iowa Employers Liability Each Accident $100,000 Each Employee -Disease 3100,000 Policy Limit -Disease 3500„000 Policy shall include Waiver of Right to Recover from Others endorsement. Nonelection of WorkersCompensation or Employers' Liability Coverage under Iowa Code sec, 87.22 yes form attached Page 2 of 4 Schedule A Lessees Of City Property Right Of Way Licensees or Permittees November 2017 15 City of Dubuque Insurance Requirements for Lessees of City Property and Right of Way Licensees or Permittees INSURANCE SCHEDULE A (Continued) ENVIRONMENTAL IMPAIRMENT LIABILITY OR POLLUTION LIABILITY Coverage required: yes no Pollution liability coverage shall be required if the lessee, contracting party, or permittee has any pollution exposure for abatement of hazardous or contarninated materials including, but not limited to, petroleum products, the removal of lead, asbestos, or PCBs. Pollution product and completed operations coverage shall also be covered. Each occurrence $2,000,000 Policy Aggregate $4,000,000 1) Policy to include job site and transportation coverage. 2) Include additional Insured 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 IS© form CG 2010. (Ongoing operations) as stated in A(6) above or its equivalent. 3) Include Preservation of Governmental Immunities Endorsement, 4) Provide evidence of coverage for 5 years after completion of project, PROPERTY INSURANCE REQUIRED SY LEASE, LICENSE, OR PERMIT yes X no Evidence of property ooverage provided: yes Included the City of Dubuque as Lender Loss Payable. E) RIGHT -OP -WAY WORK ONLY: UMBRELLAJEXCESS yes X no Umbrella/excess liability coverage must policies included herein, at $1,000„000 as t following farm with the underlying Page 3 of 4 Schedule A Lessees Of City Property; Right Of Way Llces or Permittees November 2017 16 City of Dubuque Insurance Requirements for Lessees of City Property and Right of Way Licensees or Permittees PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT 1. Nonwaiver of Governmental. Immunity. The insurer expressly agrees and states that the purchase of this policy and the including of the City of Dubuque, Iowa as an Additional Insured does not waive any of the defenses of governmental immunity available to the City of Dubuque, Iowa under Code of Iowa Section 570.4 as it is now exists and as it may be amended from time to time. 2. Claims Coverage. 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 Iowa Section 670.4 es 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 shall do so upon the timely written request of the Insurer. 4. Non -Denial of Coverage. 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, 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 Policy, The above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy. SPECIMEN (DEPARTMENT MANAGER: PILL IN' ALL BLANKS AND CHECK BOXES) Page 4 of 4 Schedule A Lessees Of City Property; Right Of Way Licensees or Permittees November 2017 17 7-0 RESOLUTION NUMBER 1'o l ci WHEREAS, Dubuque County has been presented with a FY19 City of Dubuque Lease for Juvenile Court Services Office space in the Historic Federal Building; and WHEREAS, the lease outlines a one-year agreement for 4,485 square feet of office space for a monthly fee of $13.60 per square foot for a total of $5,081.50 per month. NOW, THEREFORE BE IT RESOLVED the Dubuque County Board of Supervisors approves and authorizes the Chairperson to sign the FY19 City of Dubuque Lease for Juvenile Court Services Office space in the Historic Federal Building. Resolution adopted this 12th day of March, 2018 Jay Wam, Chairperson Dub ue County Board of Supervisors Attest: Mary J. Mabel Dubuque County Deputy Auditor