Signed Contract_ECDC Lease for Federal Building Space Copyrighted
September 16, 2019
City of Dubuque Consent Items # 29.
ITEM TITLE: Signed Contract(s)
SUM MARY: Strand Associates, I nc. for the Catfish Creek Sanitary
I nterceptor Sewer Capacity Analysis Amendment No. 1 to
Task Order No. 18-04; and the Cedar/Terminal Streets
Force Mains and Lift Stations Assessment and
I mprovements Project/ Cedar Street Force Main Air
Release Valve Replacements Task Order No. 19-01; East
Central Development Corporation LeaseAgreementfor
Federal Building space; Larmar Companies Lease
Agreement for City property located at 280 South Locust
Street.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File
ATTACHMENTS:
Description Type
StrandAssociates, Inc. - Caffish Creek Interceptor Supporting Documentation
Amendment 1
StrandAssociates, lnc., - Cedar/TerminalStreets SupportingDocumentation
Force Mains and Lift Stations
East Central Development Corporation Lease in Supporting Documentation
Federal Building
Lamar Corporation Lease for City Properly at 1690 Supporting Documentation
Elm Street
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LEASE AGREEMENT �
BETWEEN ;
THE CITY OF DUBUQUE, IOWA I
AND j
EAST CENTRAL DEVELOPMENT CORPORATION j
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This Lease Agreement (the Lease), dated for reference purposes the 1 St day of I
July, 2019 is entered into by and between the City of Dubuque, lowa (Landlord) whose
address for the purpose of this Lease is 50 West 13t" Street, Dubuque IA 52001, and
East Central Development Corporation (Tenant) whose address for the purpose of this
Lease is 7600 Commerce Park, Dubuque, IA 52002.
SECTiON 1. 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
(Leased Premises) situated in Dubuque County, lowa:
Room 330 on the third floor Federal Building, located at 350 West 6t" Street,
Dubuque, lowa 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 Exhibit A, for a '
term of one (1) year (the Term), commencing July 1, 2019, and ending at 11:59 p.m. on '
June 30, 2020, upon the condition that Tenant pays rent therefor, and otherwise
perForms as in this Lease provided. ,
SECTIOiV 2. RENTAL. Tenant agrees to pay to Landlord as annual rent for the '
Leased Premises One and 00/100 dollars $1.00, in advance, due on or before July 1, '
2019. All sums shall 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 shall 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 shall yield possession to Landlord at the end of the Lease
Term, except as herein otherwise expressly provided. Should Landlord be unable to
give possession on said date, Tenant's only damages shall be a rebating of the pro rata ,
rental. '�
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. ;
SECTION 5. QUIET ENJOYMENT. Landlord covenants that its estate in said Leased
Premises is in fee simple and that Tenant, if not in default, shall peaceably have, hold
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and enjoy the Leased Premises for the Term of this Lease. Landlord shail have the �
right to mortgage all of its right, title, and interest in said Lease Premises at any time i
without notice, subject to this Lease. ,
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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. i
6.2 Conditions of Premises. Tenant takes the Leased Premises in its present
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condition, except for such repairs and alterations as may be expressly otherwise ;
provided in this Lease. �
6.3 Repairs and Maintenance. �
(1) Landlord shall replace and repair the structural parts of the building. For �I
purposes of this Lease, the structural parts of the building shall mean the ,
foundation, exterior walls, load bearing components of interior floors and walls,
the roof and all sewers, pipes, wiring and electrical fixtures outside of the '
structure.
(2) Landlord is responsible for maintenance of all common area under �
Landlord's control. Tenant shall be responsible for all maintenance within the �,
Leased Premises.
(3) Each party shall perform their responsibilities of repair and maintenance to
the end that the 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 shall be '
supplied and replaced by the parties as follows:
Blinds: Landlord
Carpet: Landlord
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(2) Any equipment, furnishings or fixtures to be supplied by Tenant shall be i
subject to Landlord's prior written approval as to quality and method of j
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installation. Tenant shall provide all trade equipment, furnishings and fixtures
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used in connection with the operation of its business, such as telephones, '
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computers, desks, chairs, shelving and similar items. j
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(3) Tenant shall be responsible for all interior decorating. Tenant shall make �
no structural alterations or improvements without the prior written consent of ';
Landlord. ;
6.5 Americans With Disabilities Act. Tenant will make no unlawful use of said I
Leased Premises and agrees to comply with all valid regulations of the Board of Health, ,
City Ordinances or applicable municipality, the laws of the State of lowa and the Federal �!
government, but this provision shall not be construed as creating any duty by Tenant to �',
members of the general public, provided, however, responsibility for compliance with
the Americans with Disabilities Act shall be perFormed and paid for by the parties as ;
follows:
Common areas Landlord: 100%
Tenants' area: ''
Initial compliance (specify) Landlord: 100%
Future compliance Landlord: 100% '
SECTION 7. UTILITIES AND SERVICES. Utilities and services 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 Landlord 100 0
Other: Tenant 0 100
SECTION 8. TERMINATiON, SURRENDER OF PREMISES AT END OF TERM --
REMOVAL OF FIXTURES.
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8.1 Termination. This Lease shall terminate upon expiration of the original Term; or
ifi this Lease expressly provides for any option to renew, and if any such option is
exercised by Tenant, then this Lease will terminate at the expiration of the option term
or terms.
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8.2 Surrender. Tenant agrees that upon termination of this Lease it will surrender
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and deliver the Leased Premises in good and ciean condition, except the effects of �
ordinary wear and tear and depreciation arising from lapse of time, or damage without �
fault or liability of Tenant. I
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8.3 Holdinq Over. Continued possession by Tenant, beyond the expiration of its i
tenancy, coupled with the receipt of the specified rental by Landlord (and absent a i
written agreement by both parties for an extension of this Lease, or for a new lease) i
shall constitute a month to month extension of this Lease. i
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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 'i
Premises, providing Tenant repairs any and ail 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 i
permission shall, at the option of Landlord, make the rental for the balance of the Lease
Term due and payable at once. Such written permission shall not be unreasonably
withheld.
����I�N 10. I(V�URA►fVC�.
10.1 Property Insurance. Landlord and Tenant agree to insure their respective real
and personal property for the full insurable value. Such insurance shall cover losses
included in the Insurance Services Official Broad Form Causes of Loss (formerly fire
and extended coverage). To the extent permitted by their policies Landlord and Tenant
waive all rights of recovery against each other.
10.2 Liability Insurance. Tenant shall at all times during the Term maintain insurance
as required by the attached Insurance Schedule.
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 shall be provided prior to expiration of the
current policies. ',
10.4 Acts By Tenant. Tenant will not do or omit doing of any act which would
invalidate any insurance or increase the insurance rates in force on the Leased
Premises.
10.5 Recommendations - lowa Insurance Services OfFice. Tenant further agrees to ,
comply with recommendations of lowa 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 i
otherwise than as herein contemplated and agreed. ;
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10.6 Copv of Lease to Insurer. Landlord and Tenant shall each provide a copy of this
Lease to their respective insurers. �
SECTION 11. LIABILITY FOR DAMAGE. Each party shall be liable to the other for
all damage to the property of the other negligently, recklessly or intentionally caused by
that party or their agents, employees or invitees., except to the extent the loss is insured
and subrogation is waived under the owner's policy. �
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SECTION 12. INDEMNITY. Tenant shall indemnify and hold harmless Landlord, its j
officers and employee from and against any and all claims of any kind arising of or i
related to Tenant's occupancy of the Leased Premises. �
SECTION 13. FIRE AND CASUALTY.
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13.1 Partial Destruction of Premises. In the event of a partial destruction or damage
of the Leased Premises, which is a business interference which prevents the conducting
of a normal business operation and which damage is repairable within 60 days after its ',
occurrences, this Lease shall not terminate but the rent for the Leased Premises shall '
abate during the time of such business interFerence. In the event of a partial
destruction, Landlord shall repair such damages within 60 days of its occurrence unless
prevented from doing so by acts of God, government regulations, or other causes ;
beyond Landlord's reasonable control.
13.2 Zonin . Should the zoning ordinance of the municipality in which this property is
located make it impossible for Landlord to repair or rebuild so that Tenant is not able to
conduct its business on the Leased Premises, then such partial destruction shall be
treated as a total destruction as provided in the next paragraph.
13.3 Total Destruction of Business Use. In the event of a destruction or damage of
the Leased Premises induding 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 Tenant. Such termination in such event shall be effected by written notice
of one party to the other, within 20 days after such destruction. Tenant shall surrender '
possession within 10 days after such notice issues and each party shall be released '
from all future obligations, and Tenant shall pay rent pro rata only to the date of such
destruction. In the event of such termination of this Lease, Landlord at its option, may
rebuild or not, at its discretion.
SECTION 14. CONDEMNATION. ��'
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14.1 Disposition of Awards. Should the whole or any part of the Leased Premises be '
condemned or taken for any public or quasi-public purpose, each party shall be entitled ;
to retain, as its own property, any award payable to it. Or in the event that a single i
entire award is made on account of the condemnation, each party will then be entitled to '
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take such proportion of said award as may be fair and reasonable.
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14.2 Date of Lease Termination. If the whole of the Leased Premises shall be j
condemned or taken, Landlord shall not be liable to Tenant except and as its rights are �
preserved in paragraph 13.1 above. ;
SECTION 15. DEFAULT, NOTICE O�' DEFAULT AND REMEDIES. {
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15.1 Events of Default. Each of the following shall constitute 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. '
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(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 agreement; appointment of a receiver for the
property or affairs of Tenant, where the receivership is not vacated within ten (10)
days after the appointment of the receiver.
15.2 Notice of Default. Landlord shall give Tenant a written notice specifying the
default and giving 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 shall
propose an additional period of time in which to remedy the default. Consent to
additional time shall not be unreasonably withheld by Landlord. Landlord shall not be
required to give Tenant any more than three notices for the same default within any '
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 arid shall '
give Tenant a written notice of such termination. In the event of termination of
this Lease, Landlord shall be entitled to prove claim for and obtain judgment �
against Tenant for the balance of the rent agreed to be paid for the Term herein �
provided, plus all expenses of Landlord in regaining possession of the Leased !
Premises and the reletting thereof, including attorney's fees and court costs, '
crediting against such claim, however, any amount obtained by reason of such
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reletting.
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(2) Forfeiture. If a default is not remedied in a timely manner, Landlord may I
then declare this Lease to be forFeited and shall 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 Code of lowa. �
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SECTION 16. RIGHT OF EITHER PARTY TO MAKE GOOD ANY DEFAULT OF i
THE OTHER. If default shall be made by either party in the performance of, or 1
compliance with, any of the terms or conditions of this Lease, and such default shall i
have continued for thirty (30) days after written notice thereof from one party to the �
other, the person aggrieved, in addition to all other remedies now or hereafter provided '
by law, may, but need not, perform such term or condition, or make good such default ;
and any amount advanced shall be repaid forthwith on demand, together with interest at ,
the rate of 9% per annum, from date of advance. I
SECTION 17. SIGNS. Tenant shall not attach, paint or exhibit any signs on the
Leased Premises. ;
SECTION 18. MECHQ►IVIC'S LIENS. Neither Tenant nor anyone claiming by, I',
through, or under Tenant, shall have the right to file or place any mechanic's liens or
other lien of any kind or character whatsoever, upon said Leased Premises or upon any '
building or improvement thereon, or upon the leasehold interest of Tenant, and notice is
hereby given that no contractor, sub-contractor, or anyone else who may furnish any ',
material, service or labor for any building, improvements, alteration, repairs or any part
thereof, shall at any time be or become entitled to any lien on the Leased Premises, and
for the further security of Landlord, Tenant covenants and agrees to give actual notice
thereof in advance, to any and all contractors and sub-contractors who may furnish or ,
agree to furnish any such material, service or labor.
SECTION 19. LANDLORD'S LIEN AND SECURITY INTEREST. 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. To the best of Landlord's knowledge to date: ;
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(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 I
pertaining to air and water quality, the handling, transportation, storage,
treatment, usage, or disposal of toxic or hazardous substances, air emissions,
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other environmental matters, and all zoning and other land use matters. �
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(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.
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(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.
(5) Landlord shall assume liability and shall indemnify and hold Tenant
harmless against all liability or expense arising from any condition which existed, ',
whether known or unknown, at the time of execution of the Lease which condition '
is not a result of actions of Tenant or which condition arises after date of
execution but which is not a result of actions of Tenant.
20.2 Tenant. Tenant expressly represents and agrees:
(1) During the Lease Term, Tenant's use of the Leased Premises will not
include the use of any hazardous substance without Tenant first obtaining the
written consent of Landlord. Tenant understands and agrees that Landlord's
consent is at Landlord's sole option and complete discretion and that such
consent may be withheld or may be granted with any conditions or requirements
that Landlord deems appropriate.
(2) During the Lease Term, Tenant shall be fully liable for all costs and
expenses related to the use, storage, removal and disposal of hazardous
substances used or kept on the Leased Premises by Tenant, and Tenant shall
give immediate notice to Landlord of any violation or any potential violation of any �
environmental regulation, rule, statute or ordinance relating to the use, storage or
disposal of any hazardous substance.
{3) Tenant, at its sole cost and expense, agrees to remediate, correct or :
remove from the Leased Premises any contamination of the property caused by �
any hazardous substances which have been used or permitted by Tenant on the
Leased Premises during any term of this Lease. Remediation, correction or °
removal shall be in a safe and reasonable manner, and in conformance with all
applicable laws, rules and regulations. Tenant reserves all rights allowed by law '
to seek indemnity or contribution from any person, other than Landlord, who is or
may be liable for any such cost and expense.
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(4) Tenant agrees to indemnify and hold Landlord harmless from and against
all claims, causes of action, damages, loss, costs, expense, penalties, fines, !
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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 I
Lease, including, but not limited to, injury or death to persons or damage to '
property, and including any diminution of the value of any Leased Premises
which may result from the foregoing. This indemnity shall survive the cessation, ;
termination, abandonment or expiration of this Lease. i
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SECTION 21. SUBSTITUTION OF EQUIPMENT, MERCHANDiSE. ETC. 3
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21.1 Tenant's Propertv. During its tenancy, Tenant shall have the right to sell or ;
otherwise dispose of any personal property of Tenant situated on the Leased Premises,
when in the judgment of Tenant it shall have become obsolete, outworn or unnecessary
in connection with the operation of the business on the Leased Premises; provided, i
however, that Tenant shall, in such instance (unless no substituted article or item is '
necessary) at its own expense, substitute for such items a new or other item in
substitution thereof, in like or greater value.
21.2 Inventorv. Nothing herein contained shall be construed as denying Tenant the ''
right to dispose of inventoried merchandise in the ordinary course of Tenant's trade or ,
business.
SECTION 22. RIGHTS CUMULATIVE. The various rights, powers, options, elections
and remedies of either party, provided in this Lease, shall be construed as cumulative
and no one of them as exclusive of the others, or exclusive of any rights, remedies or
priorities allowed either party by law, and shail in no way affect or impair the right of
either party to pursue any other equitable or legal remedy to which either party may be '
entitled as long as any default remains in any way unremedied, unsatisfied or
undischarged.
SECTION 23. NOTICES AND DEMANDS. Notices as provided for in this Lease '
shall be given to the respective parties hereto at the respective addresses designated '
on page one of this Lease unless either party notifies the other, in writing, of a different
address. Without prejudice to any other method of notifying a party in writing or making '
a demand or other communication, such message shall be considered given under the
terms of this Lease when sent, addressed as above designated, postage prepaid, by
certified mail deposited in a United States mail box.
TO LANDLORD: City of Dubuque, lowa
c/o City Manager '
City Hall
50 West 13t" Street '
Dubuque, lowa 52001 �
TO TENANT: East Central Development Corporation ',
c/o Kelley Deutmeyer �
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7600 Commerce Park i
Dubuque, lowa 52002 �
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SECTION 24. CONSTRUCTION. Words and phrases herein, including
acknowledgment hereof, will be construed as in the singular or plural number, and as i
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masculine, feminine, or neuter gender according to the context. �
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SECTION 25. COMPLIANCE WITH LAW. During the term of this Lease, Tenant ;
must comply with ail laws applicable to Tenant's use of the Leased Premises.
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SECTION 26. MISCELLANEOUS. �
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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 lowa. ;
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26.2 Paraqraph Headinqs. 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. �
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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 I
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 include successors and assigns '
of Landlord and Tenant without specific mention of such successors or assigns.
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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 #he terms of this Lease i
(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 i
period equivalent to the period of such delay. j
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LANDLORD TENANT i
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By: ��`"'�a�,�.� By: _;� �.�;t.� ���' '� �
Michael C. an Millgen Li a Weinhold �
City Manager ECDC Vice-President/Treasurer
F:\USERSItsteckle\LindahllAgreementslEastCentralDeveloprnentCorporation-ECDC Lease Agreement 2019-2020_073019bal.doc
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INSURAIVCE SCHEDULE �
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�ity r�f�lulauque insuranee�tequirern�nts fbr i.essees raf�ity F�r4per�y�nd FtigFtt of V�lay I
t,i��n�e�c�r F'e�tnit�e�s i
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INS�F�AI�I�� ��H�L�ElL,E �i !
1. ��st�ent�al�7�v�l�p��n��arpcsration shall furnis[�a si�ned certificaf�c�f insurance#ca the Gity�fi I
[7u�uqu�,Eowa fc�r th�eauerac�e required in�xl�ikai�I priQr�o the le�s�, licer�se, c�r perr�it
ec�r�manc�rrient. All lessees r��Cify praper���nc!cig�t c�f way licensees or p€�rmitte�s�hall submit ,
ara wpdat�d certifi�ate�nnualEy. �ach cer�ificate sh�Cl lae prep�red nn th��n�st current ACC�F�C7
fr�rrn�ppr€�v�c�by the[��,v�Insurunce[�ivisicar�c,r an ec{�aiv�(ent.E�ch cer�ificate sh�ll i��lu�e a
st�tement une[er Q�scriptit�r��af Q�rations�s to�thy the�ertifc�te vlas issu�d. Eg: L4�s�
A�reemerit tl�fied
�. AII�olici�s�f inst�ranc�r��uired hereur�d�r shall k�e v�[tl�an in��rer aGxthc�r�ec�tr,dr busine�s in i
lawa�n�l ail ins�rers shali h�ve�r�tin�of A Qr bett�r�n�he crarrent A,I�. E�est's I�at��c��uic€e; i
3, Ea�h cer#ific�t��h��16 b�furnish�c�tsa kh�Finance Departrnerr�af tl���i�y�f Duiaur���,
4. 'i'h�[��s�e, lic����e, �r���nittee�hal[�r�quired to c�rry�1��rnirsim�.�rr�cv�t�r�g�Tlimit�,er I�!,
greater if requir�e�by law ar�ther le��l agre�ment, in�1�i€�i�I, Failur�tea pr�vide t��r��uir�c� I
eninimum c€�ver�ge sha[I nat E�c��em�d�w�i�er 4f such r��uirernerrts by the�i#y c�f I�u�uyue: ',
'�J. ��111EYC�4 t?�3��11�QP't'�ic�4f3��1��flt�t`BC�LlII'�CI ICISUY��'tG�Sh�l)b�GC7f35Cd��2d�CE`t���Pl��k7C��G�1 t3���38
I��SE', IIC�C"15�, C1�'��fl'fll�.
�. A]I rec�Uir�e#��c��rs�rr��nt�shall b��ttt�eh�d t��e�tif€ca�e.
'�. �Y��n�v�r��p��if�c I�Q fi�arm i�refer�nc��th��curr�r�t��l�ki�n�f kh���rm mu�t E�u���un��ss
an:�q�ivalentfc�rrr�is�ppr4ved t�th�(�ir��trr c�f F`inanc�anct�u�3c�e�.Th�l�sse�,licensee,�sr
�ermitte�rnust id�ntify��list in writing all cleviatiic�ns�nd e�tclu�ions fram fhe 1SQ�orm.
8. lf I�ss��'s, lic�n�e�'s, �r�rmitf�e�'s limits�f li�biii�y are h�gh�r fh�n the c�qui�ed rr�inam�ar�limit� :
���n th�1��s�`s,€ic,�r����`�,qr p�rCr'ttitt��'�lit`nit��h�[f I�thls a�r�em�nt`�r��uir�c�lltrlts;
9. �.�ss��, licensee� or perr�i�kee�hall rec�uire�Cl s�l��c�ntra��ar��rac�su}��u�cr�ntractcrrs ta 4�a€r� '
anc�rnaintain durii��the���f�rm�nc��f�csrk ir�auran��fc�r th��r��rag�s��s�ribed�n this
lr�sur�n���ch�dule�nd sh�ll r�b#�it���r�i�icate�s�f ir�sur�n��fram�[I�uc�i su�cc�r�kr�ctors and
suf�-�uk�cr�ntr��#Qrs.L��se�,licer�se�,c�c��rrrf��te�a�r�es that i�shali b�liabEe f�r�he��€fure c��� ,
�ubc�ntr��t�r and s�b-�ul�a�trac:tor t�r��tain�nd rr��int�ir�s��h c,c�verac��,Th�CiCy rn�ay ',
rec�u�st�cr�py of su�h c�r�`�'ia�tes�rr�rrF tF�e les�ee�(ieer�see,ar permi#�e�.
1 Ct, Lessee, lic�nse��rmitfiees�h�ll�resp��sihi�ft�r d��Euetil�l��ar�d s�i�-ir�sur�d�cter�tit�n�
P'�ye 1 raf 4 Sch�ctule A l.ess�es f?f Ci�y Pro�erly;E2ic�ht C3f Way�icensees gr Permitteas�I�y 2{�1�
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�ity ctf`T�ubuque Insuran�e Req�tirements far Les�e�s of City F�rap�r���nd Right vf VVay I
l.icer�se��r Permi�t� I
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�111�C�RAi�C� ��HI�C�E�L� �1 {�cantir�ued} ;
�x�t���� �
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/�j Ci�CV1�11�F��]AL��N�RAL LIA�1LlTY
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Gei�er�l Fig�regat�Limi� �2,t7Q�i,[!Q�
Prac{ucts-��m�leted Cdp�r�fi[ans Aggregaf�Limi� �1,OQ�,��b
�"�rsr�n�l and��tSl�rtfsinc�Ir�}ury�.[��t �1,0��,�C��l
��ch C�ccurrenc� �1,QG��,t?E�C� '
�ir�C;amage�.imit(ar�y c�r€e occurrer��e} $��,C�t74 '
�edi�a!(�ayrrrents $�,[�C�C� '
1} Ccsver�r�e shall�se�vritt�n�r�ar��ccurrenc�,r7at claims made,forr'n,"TMe��ner�k '
If�t�ility Cc��r�t`age�I�alf bc�+�i�terr€n�cccird:�rv`tth IS�J f�rm��(3Q(l1 ar bu�it��s '
��rn�c�f�rrm��'���t�. �tll cieviakicans frcam f1��stanc[ard I��c�r�m�rcial general '
I€abilify f�rrrs�C�f�CJ1,c�r�u�iai�ss ov�n�rs frarm���lCl C��,sl��f[be�Cear[y '
ider�kifie�.
2� Ir�clude ISC�er�do�sem��t��rm C�2�Q4"�esi�r�at��[Lc�catic�r�(�)��neral ',
�g���r��fie Llrn[t." ',
�� [n�lu�i��nd�rs�tri�i`�inc{ic�tirt�kh�t��1�rer�c�e is�rltnary�rtcf����c�ntcib�.�k�ry:
�� Inclurle(�reservati�t��f�overnir�ental Immunities��dc�rsem�r�t{�ample ',
atta�f��d}.
�� l��lud��c��iitiqn�l i��,�r�c��nd�r��m�rrt��r:
`�1����tj+af C��buq��f ir�c[��dir�€��II its�l��t�ci�rad��i�int�d�a�€i�ial�F�II it� '
�m�[o�ees�nd volur,te�rs,aPl its boards,camr�is�ion�an�flc�r a:u#I�c�ritres and '
�h�[C t�Gt�fitJ t'ti�t77b�ia,�CTt�[Qy��s�Y1Lf V(51t1�7t���S: 1,���I�t�fb�t"t1����l 1[l
�f�ngc�ing�per��i�€��)ar its equiv�ler��.
�) (�I�SS��, I�CF;F15�@, OP]��fiillft��UtIlIZ�S�f�kk£��C}[`S���S?��5:)�{�h��C7�7dUCt t3f
k����ir�es�,in�fud��n�ncfc�r�em�nt r�flectin�tl�at�e��v�Y�icl�s�r�n�C�xc9�aded ',
f��arrr��m��r�i�l Ca�n�r�l �ia�ilit}r c�+��e�g�, ',
�} �c�licy s►�ali i�clucJe�1Va�ver cr�f�i�ht t�f�ec�uer fr�m�h�rs�ncl�rsem�nt,
B} 1111�1�kfEF��'�t'?MP�M afi°[`t�N&E[�11P�C}ti(�F€�LIA�IL.ITY '
�t�t�tor��r�cfi�ccrv�rinc��[I�mplr�y���injur�d c�n tl'��j�b by accid�nt�r c�I���e�s '
pr�scr€b�d by Cov��Gc�de Gha�t�r 8�: '
�4v�r�t��A �f��uto�y�atat�;�ifi 14�+�
��v�r��e� �rr�plcay��l.ia�ii[i�y
��ch Ac�icier�t ��fO�,pQCt
�aeh�mpic�yee-CJi�eas� �1�t7,070
F�c�Ci�y Limit-aisease �50(l,[i[�0 '
�'�licy�f��f[irtclud�1�l�iv�r�f'�2ighfi��a Re��ver frorr�C7thers�nd�rs�m�nC. ,
�avera���li�r�i#s shaH be great�r if r�quir�d k�y th�urrabre(lalexcess insur�r. ,
Q�t '
Ni�r�el��tic��i�f V�Ic�rker�'Gr�mpen�atirr�c�r�rrrpl�y�rs'I�i�bility�c���ra���ander I��ra. ',
G�de�ec,87.22, �ampieted forrn rnust�att�ch�d. '
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P�g�2 c��4 Schedul�R Lessees C}f City f�ro�$rty;FtigFst�3f Way�.icens��s or Permiftees I�ay�0'(�
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�ity of C�uFa�tque lnsurar��e Ft�qciicr�ments fo�Les�e�s oF�ity PrQperEy and Right of Vitay
�,i��ns�e�c�r F'ertt���ke�s �
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�avera�e r�e�uirecf; _�„yes �nr� �
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�c,llu�ion(i�bilit}��r�vera��shalf b�r�quir�d if�he 1�sse�,cvntracCir7c���.y, or perrrjitt�e ;
has any pc�llution ex�sure fc�r ab�kern�nt�fi h��ardoi�s c�r cor��min�t�d�nateri�[s �
including,but nr�t limited to;p�trrsl�;urr��rcadu�ts,th�remav�l of le�d;asbesEo�,c�r P�Bs. ;
��Ilu�ic�n�raelucf and G�m�a[�tec��pe��tiDns caverage shall�[���e�overeet. ;
�ach��urr�n�� ��,���,t�C7� '
(�a[icy�g�re�at� �4,�(��,t�D� !
1} F�cslicy ta in�E�rde ja�sit��nd�ransportafic�n c�verage. I,
�} [nclu�ie additir�r�a6 i�isur�d fe��: '
The Ci�y�f��b�que,ir��1u�ll�g�[C it��l�eted�nd��pc�int�d af�iri�ls,all lts '�
�fTt�7�t��/��S�Ild V�ft�C7��Ef5,��I 1�S bQ�t`dS;,C�]tT'9171ISSICtCiS d�It�fQC�4J�ht5t`1�1E?��€1d
their�ard rnember�f�mploy�es�n�l vc�lun�eers.U�e f�C�far�n G��t}1�i. !�
��r�gaing cpe��ti�ns}c�r its�quiv�Ierrt�c�d C�2�37(c�mpleted o�eratic�r�s�c�r
its�q�aivale�t,
�� [r��lud��'r��erv�tir�n af Gc�v�rr�r�i�rit�l Imrnu€�i�ies����r��m�nt: ;
�� �r�vid��vid�nc�vf�v�rag�for�+�e�r�af��r co�tpletic�n�f pr�j�et.
C}� PE�£]t��R"�'Y tNSU�1�.[�tCE R�Gtt�tEi�C��Y 1.�1t��,LIG��I��,i31��'�E��711`P°
..�.�Y�� ,.�.��
Eitid�rtc�of prc�pe�+�cov�er�tge prravi�f�d; �yes
]r��(�ac�e t�i��ity�f C�ub���.��a��.enei�r La��I��yabl�, '
� �,i�wTna��r������c��a�..�: '
u������.�t�xc�s� ��,���}��Q
,�,,,.��� x n�
Umbr�lla��xcess{i��ilit��cc�verage rnust��t I�as�fal[ca�ring fc�rrn with Ehe�anderlyi�� '
�licles ir��{uded hereir�.
F� FL�OF�[[��E�RN�CE �
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�i£y of�uh�uq���Cnse�r�nc�Ft�eyuir�ments for Lr�sse�s€�f�ity Prte�perfy and Ri�F�t of 1�V#�y
�.i��n�e�c�r[��rmit�� �
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P�E��.i��fAT`l��J C)F �C��f��NI�C��1T'A�, lIV�MUN)TIE� EN�t����(II��N`� i
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1. t�tnrnrtr�iver rf�ov�rni't��nt�i lrrrm�nitv.The ins�trer�pr�ssfy agrees ancl state�that the pureh�se ':
e�f this pe}licy and tt�e includ[ng af the�iLy of C�ubuque,lawa as an Ac1�i�iona[In�ur�d cl�es not�r�ive ar-€� ',
of the defen�es p€gr�vernrner�t�l immunity aYailab[e t�th�Ci�y ofi L�ubuque, fc�w�ur�c[�r�ode of!€��va
Sectlr�n�7C�.4 as iti i�nav}r exists anc�as it may b�amenete�frcarr�tim�to time. :
�, �[aims Ccsverac�e.The insurer furkher a�r�es th�t tl�[s�c�l icy c�f ir�sucance sha6E oc�v�r only tho�e '
�laims r�c��sul�ject ta the d�fense c�f g�r�rnmer�tal imrnurrity uncf�r th�Cqde of lowa Se�tion 670.�a�it i
now�exists arrd��it r�ay��amendeei�r�rn tirn�to time.�'hase cl�icns r�c�t su�je�tc�Cc�de�f l�t�r�
w��GkiCJI�6��1.4 Sh�lll b��9�t�f�F�b��1'E���fITiS�Cld CC3C�dltC�FP4S�J��I�IS 9i1S�fl'�Cl��:��1G�/. ,
3, Rsser�ic�n�af�ov�rn�er�[rr�munitv,�'h��ity a�I�ubu��te£Ic�+�a�haCC b�r���nsibl�fc�r�sser�in�
any defe�s�r�f c�ave�nment�l im€�unity,ar�d may do s�at�ny tirrie and sha(I�e���a u�n�h�t�mely�rriti��n ',
request��the ir�surer. '
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4. (�csra L��ni�l af��verae��.�f"h�insur�r shall n�t d�ny c�ver�ge und�r this�c�licy�nd th�ln����r
shail na�cleny�ny�f th�cic�hts�nr�b�n�Pit�a��ru�ng��fhe�i#y c�f�ubuque, 1csv��unef�r thi�paiicy far
reasans�f crsv�mm�ntal i�smuriity ur�les�ar�u�rtil a�c�urt of�m�tent:�uri�cliotion h��ruied ir�fa��r€��
the�efen���s}c�f g�v�rrimerital irrtrrtunity�ss�rEesi by the�ity e�f�uhuc�ue, Ic��ta,
�Jc��t��r�han e in��lic .`�h���av�pr��erv�ti�n�af�csv�rr�rr��r�t�l it�rr�ur��if[e��h�ll r����tF�er��is� '
�han�e vr ait�r ti�e c�v�ra�e av�i[at�l�ur�c�ler th��Solie;y;
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