HHH Enterprises Lease Agreement_180 Main StreetMasterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: HHH Enterprises of Dubuque, Inc. Lease
DATE: March 26, 2010
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Gus Psihoyos, City Engineer
2
Mi ael C. Van Milligen
Dubuque
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2007
City Engineer Gus Psihoyos recommends that the City Council set a public hearing for
April 19, 2010, to consider a lease between HHH Enterprises of Dubuque, Inc. to
operate and maintain a restaurant deck and beer garden at 180 Main Street.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer (-` C
DATE: March 26, 2010
SUBJECT: HHH Enterprises of Dubuque, Inc. Lease
INTRODUCTION
The purpose of this memorandum is to request City Council approval of a new lease
between the City of Dubuque and HHH Enterprises of Dubuque, Inc.
BACKGROUND
On May 17, 2007, a revocable license was executed between City and HHH Enterprises
of Dubuque, Inc. for the restaurant deck and beer garden located at 180 Main Street.
DISCUSSION
Dubuque
AI- Medea City
1
2007
In lieu of a revocable license, a lease is proposed between the City of Dubuque and
HHH Enterprises of Dubuque, Inc. for the restaurant deck and beer garden located at
180 Main Street. The terms of the lease are as follows:
— Five -year lease, with two additional five -year terms upon delivery of written notice to
exercise extension not less than 90 days prior to the end of the original lease term or
the extension.
— Active use rent: $266 per month (May 1 — October 31). Off - season rent: $50 per
month (November 1 — April 30). Also, Lessee will pay past due rent from May, 2007
through December, 2009 at a rate of $1,200 per year until debt is extinguished.
— Lessee will pay all taxes, fees, and charges levied or assessed against the existing
or any new improvements placed upon the premises.
— Hours of operation: 7 AM to 10 PM, Sunday through Thursday; and 7 AM to 12 AM,
Friday and Saturday.
— The agreement can be terminated by either party with or without cause upon 60
days written notice to the other party.
— Standard insurance and indemnity language.
ACTION TO BE TAKEN
I recommend that the City Council set April 19, 2010, as the date for a public hearing on
the proposed lease between HHH Enterprises of Dubuque, Inc. to operate and maintain
a restaurant deck and beer garden at 180 Main Street.
cc: Barry Lindahl, City Attorney
Ken TeKippe, Finance Director
Steve Sampson Brown, Project Manager
RESOLUTION NO. 95 -10
INTENT TO DISPOSE OF AN INTEREST IN REAL PROPERTY OWNED BY THE
CITY OF DUBUQUE BY LEASE BETWEEN THE CITY OF DUBUQUE AND HHH
ENTERPRISES OF DUBUQUE, INC.
Whereas, the City of Dubuque, Iowa (City owns a portion of the sidewalk
adjacent to the southwestern boundary of West 1 Street and connecting to the real
property at 180 Main Street in the City-of Dubuque, Iowa (the Property); and
Whereas, City and HHH Enterprises of Dubuque, Inc. have negotiated a Lease
Agreement for HHH Enterprises of Dubuque, Inc. to operate and maintain a restaurant
deck and beer garden at 180 Main Street, a copy of which Lease Agreement is on file at
the office of the City Clerk, City Hall, 50 West 15 Street, Dubuque, Iowa; and
Whereas, the City Council believes it is in the best interests of the City of
Dubuque to approve the Lease Agreement.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. The City of Dubuque intends to dispose of its interest in the
Property by Lease Agreement between City and HHH Enterprises of Dubuque, Inc.
Section 2. The City Clerk is hereby authorized and directed to cause this
Resolution and a notice to be published as prescribed by Iowa Code Section 364.7 of a
public hearing on the City's intent to dispose of the Property, to be held on the 19 day
of April, 2010, at 6:30 o'clock p.m. at the Historic Federal Building, Council Chambers,
350 West 6 Street, Dubuque, Iowa.
Attest:
eanne F. Schneider, CMC, City Clerk
Passed, approved and adopted this 5th day of Apri1
, 2010.
Roy D. Buol, Mayor
LEASE AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
HHH ENTERPRISES OF DUBUQUE, INC.
THIS LEASE AGREEMENT dated for reference purposes the day of
, 2010, by and between the City of Dubuque, Iowa (Lessor), whose
address for the purpose of this Lease Agreement is 50 West 13 Street, Dubuque, IA
52001, and HHH Enterprises of Dubuque, Inc. (Lessee), whose address for the purpose
of this Lease Agreement is 180 Main Street, Dubuque, IA 52001.
WHEREAS, City is the owner of the real estate described in Exhibit A -1 and
Exhibit A -2; and
WHEREAS, HHH Enterprises of Dubuque, Inc. desires to lease the real estate to
operate and maintain a restaurant deck and beer garden; and
WHEREAS, it is deemed to be in the best interest of both parties to this Lease
Agreement and to the public in general that HHH Enterprises of Dubuque, Inc. lease the
real estate;
NOW, THEREFORE, the parties hereto have mutually agreed as follows:
SECTION 1. PREMISES. City hereby leases to HHH Enterprises of Dubuque, Inc. the
following described real estate situated in the City of Dubuque, Dubuque County, Iowa
(the Leased Premises):
A portion of sidewalk adjacent to the southwestern bound of West 1
Street and connecting to the 180 Main Street property as shown on Exhibit
A -1 and Exhibit A -2 attached hereto.
The area of the Leased Premises is .02 acres, more or less, and is subject
to easements and covenants of record and not of record.
SECTION 2. TERM OF LEASE AGREEMENT.
2.1. This Lease Agreement shall be for a term commencing on January 1, 2010 and
terminating at midnight on December 31, 2014.
2.2. Lessee has the option to extend the Lease Agreement term for two (2) five (5) -
year extensions. Lessee shall deliver written notice of the exercise of an option not Tess
than ninety days (90) prior to the end of the original term or an extension thereof.
Page 1 of 24
2.3. Lessee's use of the Leased Premises shall be exclusively for the operation of
Lessee's current business at 180 Main Street.
2.4. Lessor makes no representations or warranties of any kind as to the condition,
including the environmental condition, of the Leased Premises and Lessee accepts the
Leased Premises as is.
SECTION 3. RENT. Lessee agrees to pay Lessor $266.00 per month for Active -Use
rent (May 1 — October 31 and $50.00 per month for Off - Season rent (November 1 —
April 30 totaling $1,896.00 per year (Base Rent). Additionally, Lessee agrees to pay
Lessor for past due rent from May 2007 through December 2009 in the total sum of
$2,700.00. This amount shall be added to the base rent at a rate of $1,200.00 per year
until the debt is extinguished (Prorated Back Rent).
Lessee shall pay Lessor the annual rent for the Leased Premises according to the
following pay schedule:
Initial Term:
Year One (1) Rent — Due December 31st, 2009:
$3,096.00 ($1,896.00 Base Rent plus $1,200.00 Prorated Back Rent)
Year Two (2) Rent — Due December 31st, 2010:
$3,096.00 ($1,896.00 Base Rent plus $1,200.00 Prorated Back Rent)
Year Three (3) Rent — Due December 31st, 2011:
$2,596.00 ($1,896.00 Base Rent plus $700.00 Prorated Back Rent)
Year Four (4) Rent— Due December 31st, 2012:
$1,896.00 (Base Rent)
Year Five (5) Rent — Due December 31st, 2013:
$1,896.00 (Base Rent)
First Renewal:
Year Six (6) Rent — Due December 31st, 2014:
Year Five (5) Rent x COL Index December 1 2014
COL Index December 1 2013
OR
Year Five (5) Rent x 1.03
Whichever is greater.
Year Seven (7) Rent — Due December 31st, 2015:
Year Six (6) Rent x COL Index December 1 2015
COL Index December 1 2014
Page 2 of 24
OR
Year Six (6) Rent x 1.03
Whichever is greater.
Year Eight (8) Rent — Due December 31st, 2016:
Year Seven (7) Rent x COL Index December 1 2016
COL Index December 1 2015
OR
Year Seven (7) Rent x 1.03
Whichever is greater.
Year Nine (9) Rent — Due December 31st, 2017:
Year Eight (8) Rent x COL Index December 1 2017
COL Index December 1 2016
OR
Year Eight (8) Rent x 1.03
Whichever is greater.
Year Ten (10) Rent — Due December 31st, 2018:
Year Nine (9) Rent x COL Index December 1 2018
COL Index December 1 2017
OR
Year Nine (9) Rent x 1.03
Whichever is greater.
Second Renewal:
Year Eleven (11) Rent— Due December 31st, 2019:
Year Ten (10) Rent x COL Index December 1 2019
COL Index December 1 2018
OR
Year Ten (10) Rent x 1.03
Whichever is greater.
Year Twelve (12) Rent — Due December 31st, 2020:
Year Eleven (11) Rent x COL Index December 1 2020
COL Index December 1 2019
OR
Year Eleven (11) Rent x 1.03
Whichever is greater.
Year Thirteen (13) Rent — Due December 31st, 2021:
Year Twelve (12) Rent x COL Index December 1 2021
COL Index December 1 2020
OR
Year Twelve (12) Rent x 1.03
Page 3 of 24
Whichever is greater.
Year Fourteen (14) Rent — Due December 31st, 2022:
Year Thirteen (13) Rent x COL Index December 1 2022
COL Index December 1 2021
OR
Year Thirteen (13) Rent x 1.03
Whichever is greater.
Year Fifteen (15) Rent — Due December 31st, 2023:
Year Fourteen (14) Rent x COL Index December 1 2023
COL Index December 1 2022
OR
Year Fourteen (14) Rent x 1.03
Whichever is greater.
COL Index means the Consumer Price Index for all items for All Urban Consumers —
U.S. City Average, published by the U.S. Department of Labor, Bureau of Labor
Statistics or the comparable index in the event the COL Index is replaced by the U.S.
Department of Labor.
Lessee shall also pay costs for all utilities serving the Demised Premises.
SECTION 4. TAXES FEES AND CHARGES. Lessee agrees to timely pay all fees and
charges and all property taxes that may be levied against the Leased Premises and to
timely pay all property taxes levied or assessed against existing or new improvements
placed upon the Leased Premises promptly upon receipt of a statement from City of the
amount of such fees, charges and taxes. Lessee agrees to timely pay all Special
Assessments that may be levied against the Leased Premises promptly upon receipt of
a statement from City of the amount of such assessments. Lessee shall further provide
to Lessor official receipts of the appropriate taxing authority or other evidence
satisfactory to Lessor evidencing payment thereof.
SECTION 5. PEACEFUL POSSESSION. City agrees and covenants that Lessee, on
payment of the rent and performing the covenants and conditions herein contained,
shall and may peacefully and quietly have, hold, and enjoy the Leased Premises for the
term, hereof.
SECTION 6. CONTROL AND ACCESS.
6.1. City reserves the right to conduct periodic inspections of the Leased Premises for
the purpose of determining whether the terms and conditions of this Lease Agreement
are being promptly and faithfully performed by Lessee.
Page 4 of 24
6.2. Lessee shall allow access to any utility company for utility service installations, if
required, subject to approval by City.
6.3. It is agreed and understood that sole management authority and control of the
Leased Premises, for and within the use stated in Section 7, shall be with Lessee.
SECTION 7. USE OF THE LEASED PREMISES.
7.1. Lessee shall not use or allow the Leased Premises or any buildings or
Improvements thereon or any appurtenances thereto, to be used or occupied for any
unlawful purpose or in violation of any certificate of occupancy. Lessee shall not suffer
any act to be done or any condition to exist within the Leased Premises or in any
Improvement thereon, or permit any article to be brought therein, which may be
dangerous, unless safeguarded as required by law, or which may, in law, constitute a
nuisance, public or private, or which may make void or voidable any insurance in force
with respect thereto.
7.2. Special Conditions:
(1) Hours of operation shall be from seven o'clock (7:00) A.M. to ten o'clock
(10:00) P.M. Sunday through Thursday and from seven o'clock (7:00) A.M. to
twelve o'clock (12:00) midnight Friday and Saturday.
(2) Area of usage for ground level adjacent to 180 Main Street with
dimensions of approximately 18' x 30' and delineation in place as required.
Seating is limited to 29 occupants.
(3) Area of usage for deck with dimensions of approximately 24' x 15' with
seating limited to 26 occupants.
(4) Operations shall comply with all City of Dubuque Health Department food
service regulations.
7.3. Lessee shall adhere to the City of Dubuque's criteria for outdoor service of
alcoholic beverages on public right of way as set forth the Dubuque City Code —
Chapter 5 Alcoholic Beverages (Exhibit C) and as amended from time to time. Lessee
shall also adhere to all permitting requirements set forth in the City of Dubuque Special
Event permit process. Failure to comply with any such criteria or requirements shall be
grounds for revocation of this Lease Agreement.
7.4. Lessee shall adhere to the City of Dubuque's criteria for occupancy on public
right of way as set forth in Exhibit B. Lessee shall not allow the occupancy at any one
time for all of the open areas combined shown on Exhibit B to exceed 55 occupants.
Page 5 of 24
7.5. Prior to the commencement of this Lease Agreement, Lessee shall provide
Lessor with copies of all leases to the property adjacent to the Leased Premises to
which Lessee is a party.
SECTION 8. IMPROVEMENTS. Lessee shall not without prior written approval of the
City Manager construct on the Leased Premises any improvements. Lessor, through its
City Manager, shall have the right to approve the design, appearance and quality of any
such improvements. All improvements presently on the Leased Premises and all
improvements hereafter constructed on the Leased Premises are and shall be the
property of Lessee during the term of this Lease.
SECTION 9. GROUNDS AND BUILDING MAINTENANCE.
9.1. Lessee shall at all times during the term of this Lease, at Lessee's own costs and
expense, keep the Leased Premises and the improvements thereon, in superior order,
condition, and repair, casualties and ordinary wear and tear excepted. Lessee shall
keep the Leased Premises in such condition as may be required by law and by the
terms of the insurance policies furnished pursuant to this Lease, whether or not such
repair shall be interior or exterior, and whether or not such repair shall be of a structural
nature. Upon reasonable notice to Lessee, Lessor may, at its discretion, conduct an
inspection of the Leased Premises to determine Lessee's compliance with this Section
9.
9.2. Lessee Agrees that:
(1) Lessee takes the Leased Premises as is.
(2) Lessee shall be responsible for all building maintenance and
improvements. Lessee shall keep the Leased Premises and any building
structure thereon in a neat and orderly condition at all times and in
condition of repair and in conformance with all federal, state, or municipal
regulations in regard to the use of the Leased Premises.
(3)
Lessee shall be responsible for daily trash removal from the Leased
Premises.
(4) There shall be no outdoor storage of equipment, construction materials or
other personal property of any kind on the Leased Premises.
SECTION 10. UTILITIES. Lessor shall pay the costs for all utilities and services
which may be used upon the premises.
SECTION 11. INSURANCE. Lessee shall obtain insurance as set forth in the
City's Insurance Schedule (Exhibit D) for Lessees of City Property as such schedule
may from time to time be amended. A copy of the current schedule is attached here to.
Lessor shall provide City with a copy of valid certificates of insurance at the
Page 6 of 24
commencement of the Term of the Lease Agreement lease and subsequent copies prior
to expiration of any certificate and within thirty (30) days of any amendment to the City's
Insurance Schedule.
SECTION 12. COMPLIANCE WITH LAW.
12.1. During the term of this Lease, Lessee shall comply with all laws applicable to
Lessee's use of the Leased Premises.
12.2. This Lease Agreement shall be subject to Lessee maintaining a Class C Liquor
License of the Leased Premises during the term of the Lease.
SECTION 13. INDEMNITY. Lessee shall defend, indemnify, and save harmless
Lessor, its officers, agents, and employees, from and against all liabilities, obligations,
claims, damagers, penalties, causes of action, costs and expenses (including without
limitation, reasonable attorneys' fess and expenses) imposed upon or incurred by or
asserted against Lessor by reason of (a) any accident, injury to, or death of persons or
Toss of or damage to property occurring on or about the Leased Premises during the
Term of this Lease Agreement and resulting from any act or omission of Lessee or
anyone claiming by, through, or under Lessee during the Term of this Lease
Agreement; and (b) any failure on the part of Lessee to perform or comply with any of
the terms of this Lease Agreement. In case any action, suit, or proceeding is brought
against Lessor, its officers, agents, or employees, by reason of such occurrence,
Lessee shall, at Lessee's expense, resist and defend such action, suit, or proceeding,
or cause the same to be resisted and defended by counsel approved by Lessor.
SECTION 14. ENCUMBRANCE OF LESSEE'S LEASEHOLD INTEREST. Lessee
shall not encumber by mortgage, deed of trust, or other instrument, its leasehold
interest and estate in the Leased Premises, or any Improvements placed by Lessee on
the Leased Premises, as security for any indebtedness of Lessee.
SECTION 15. ASSIGNABILITY AND SUBLETTING. Lessee shall not assign, sublet
or otherwise transfer the Leased Premises or any part thereof, and any attempted
assignment, subletting or transfer shall work an automatic forfeiture and termination of
this Lease. Such prohibition includes contracts with third parties for custody,
management, or operation of the Leased Premises.
SECTION 16. SURRENDER.
16.1. Upon termination of this Lease Agreement, Lessee shall surrender the Leased
Premises to City in good and clean condition and shall remove all nonpermanent
furnishings, equipment and appurtenances from the Leased Premises within (30) days
after termination; any costs and charges of such removal and property restoration
incurred by City shall be paid Lessee upon receipt of a statement for such costs and
charges by Lessee from Lessor.
Page 7 of 24
16.2. Lessee shall remove all such improvements and restore the Leased Premises to
the condition it was in immediately prior to the commencement of the Term of this Lease
Agreement and to the full satisfaction of Lessor.
SECTION 17. TERMINATION.
17.1. Upon termination, City shall have the right to enter the Leased Premises and to
assume exclusive use and control thereof.
17.2. This Lease Agreement may be terminated by either party with or without cause
upon sixty (60) days written notice to the other party.
SECTION 18. DEFAULT, NOTICE OF DEFAULT AND REMEDIES.
18.1. Failure to observe or perform any duties, obligations, agreements, or conditions
imposed on Lessee pursuant to the terms of the Lease Agreement shall constitute an
event of default by Lessee.
18.2. If Lessee shall make default in the payment of the rental hereunder, or any part
thereof, or shall make default in the performance of any of the other covenants herein
contained, and such default shall continue for a period of ten (10) days after written
notice thereof, specifying the default complained of, mailed to Lessee at its address in
the City of Dubuque, Iowa, by United States registered mail, or such other address as
Lessee may from time to time specify in writing, then it shall be lawful for City, at its
election, to declare the terms of this Lease Agreement ended and to expel and remove
Lessee, or any person, or persons, in and upon the same, using such force as may be
necessary under the circumstances. Lessee hereby covenants and agrees to surrender
and deliver up to the Leased Premises peaceably to City.
SECTION 19. WAIVER. No waiver by Lessor of any breach by Lessee of any term,
covenant, condition, or agreement herein and no failure by Lessor to exercise any right
or remedy in respect of any breach hereunder, shall constitute a waiver or
relinquishment for the future of any such term, covenant, condition, or agreement or of
any subsequent breach of any such term, covenant, condition, or agreement, nor bar
any right or remedy of Lessor in respect of any such subsequent breach, nor shall the
receipt of any rent, or payment of any other rent then or thereafter in default, or to
terminate this Lease, or to recover the Leased Premises, or to invoke any other
appropriate remedy which Lessor may select as herein or by law provided.
SECTION 20. MECHANICS' LIENS. Neither Lessor, nor anyone claiming by,
through, or under Lessor, shall have the right to file any mechanic's lien against the
Leased Premises or to allow any other person to file any mechanic's lien against the
Leased Premises.
SECTION 21. NOTICES AND DEMANDS. All notices shall be given to the
parties hereto at the addresses designated unless either party notifies the other, in
Page 8 of 24
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 notice shall be
considered given under the terms of this Lease when it is deposited in the U.S. Mail,
registered or certified, properly addressed, return receipt requested, and postage
prepaid.
To Lessor:
To Lessee: Heath H. Hutchinson
HHH Enterprises
d /b /a "180 Main Street"
164 Main Street (billing address)
Dubuque, IA 52001
SECTION 22. MISCELLANEOUS
City of Dubuque, Iowa
C/o City Manager
City Hall
50 W. 13 Street
Dubuque, IA 52001
22.1. Time of the Essence. Time is of the essence in this Lease Agreement and all of
its provision.
22.2. Governing Law. It is agreed that this Lease Agreement shall be governed by,
construed, and enforced in accordance with the laws of the State of Iowa.
22.3. Paragraph Headings. The titles to the paragraphs of this Lease Agreement are
solely for the convenience of the parties and shall not be used to explain, modify,
simplify, or aid in the interpretation of the provisions of this Lease Agreement.
22.4. Modification of Agreement. Any modification of this Lease Agreement or
additional obligation assumed by either party in connection with this Lease Agreement
shall be binding only if evidenced in writing signed by each party or an authorized
representative of each party.
22.5. Parties Bound. This Lease Agreement shall be binding on and shall inure to the
benefit of and shall apply to the respective successors and assigns of Lessor and
Lessee. All references in this Lease Agreement to "Lessor" or "Lessee" shall be
deemed to refer to and include successors and assigns of Lessor or Lessee without
specific mention of such successors or assigns.
SECTION 23. PROVISIONS BINDING. Each and every covenant and agreement
herein contained shall extend to and be binding upon the respective successors, heirs,
administrators, executors and assigns of the parties hereto.
Page 9 of 24
CITY OF DUBUQUE, IOWA
By:
Roy D. Buol
Mayor, City of Dubuque
City Hall
50 W. 13 Street
Dubuque, IA 52001
STATE OF IOWA, DUBUQUE COUNTY, ss:
On this day of , 2009, before me, the undersigned, a
Notary Public in and for said State, personally appeared MR. HEATH HUTCHINSON, to
me known to be the identical person named in and who executed the foregoing
instrument and acknowledged that he executed the same as his voluntary act and deed.
STATE OF IOWA, DUBUQUE COUNTY, ss:
HHH ENTERPRISES
By:
Notary Public, State of Iowa
each HL(tchinsorn
HHH Enterprises
164 Main Street (billing address)
Dubuque, IA 52001
On this day of , 2009, before me, a Notary Public in
and for the State of Iowa, in and for said county, personally appeared Roy D. Buol and
Jeanne F. Schneider, to me personally known, who being by me duly sworn did say that
they are the Mayor and City Clerk, respectively of the City of Dubuque, a Municipal
Corporation, created and existing under the laws of the State of Iowa, and that the seal
affixed to said instrument is the seal of said Municipal Corporation and that said
instrument was signed and sealed on behalf of said Municipal corporation by authority
and resolution of its City Council and said Mayor and City Clerk acknowledged said
instrument to be the free act and deed of said Municipal Corporation by it voluntarily
executed.
Notary Public, State of Iowa
Page 10 of 24
n
APPROX.
BUILDING
CORNER
FGFNO
--- PROPERTY UNE
---- CENTERUNE
WATER UNE
- - --- UNDERGROUND ELCC IRIC
---- UNDERGROUND TELEPHONE
WATER SHUT OFF
WATER VALVE
POa T INOICA 1044 VAI. VL
UUU TY RIDES IAL
SIGN
PRTPRIC TOR' HHH ENTERPRISES LLC
SURVEYED FOR. QTY OF DUBUQUE
DATE OF SURVEY JANUARY, 20013
SKETCH OF SURVEY
NORTH 1/2 OF CITY LOT 3A AND SOUTH 1/2 OF CITY LOT 3A
IN THE CITY OF DUBUQUE, IOWA
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OVERHEAD �,r
DECK WITH I.
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AT STREET LEVEL r
In
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II \V IINti NT I ERIC S.
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" n%1uOn.. ni\nni»riitiatC.w 11 1
8. ft
12.1 ft
Area
Approx 443.39 sq ft
7.5 ft
1
11 IUJ
Approx 19 ft 4.2 ft 7.5 ft 4.2 ft
Stairs
10.0 ft
3.8 ft
Permanent Storage
6.0 ft
0
a
d
Ground Level Footprint: (19 x 40) = 760 sq: ft.
Exhibit A -2
24.0 ft
7.5 ft
2.5 ft
3.3 ft
2.3 ft
Ground Level "Usable Area ": 443.39 sq. ft.
Second Level "Usable Area ": + 396.19 sq. ft.
Stairs + Landing: + 80.61 so. ft.
Total "Usable Area ": Approx. 920.19 sq. ft.
Page 12 of 24
Area
Approx 396.19 sq. ft.
4.3 ft
14.5 ft
7.7 ft
Exhibit B
180 Main Street Back Deck / Beer Garden
Occupant Load Calculations
2008.01.08
Fire Code:
• Standing room zones can hold 1 person for every 5 square feet of space
• Zones with folding chairs can hold 1 person for every 7 square feet of space
• Table and chair space can house 1 person for every 15 square feet of space
Deck Dimensions:
First Level Total Usable Square Feet: 443.39 sq. ft.
Second Level Total Usable Square Feet: 396.19 sq. ft
Total Usable Square Feet: 839.58 sq. ft.
0 p 't raft atios
Max Load with
standing room
Max Load with folding
chairs
Max Load with tables
and chairs
1 person per 5
sq ft
1 person per 7
sq ft
1 person per
15 sq ft
88 persons
66 persons
29 persons
79 persons
56 persons
26 persons
167
persons
122
persons
55 persons
Page 13 of 24
Exhibit C
Dubuque City Code — Chapter 5 Alcoholic Beverages:
Sec. 5 -3. Prohibited Sales And Acts:
A person or club holding a liquor license or retail wine or beer permit under this chapter,
and the person's or club's agents or employees, shall not do any of the following:
(1) Sell, dispense, or give to any intoxicated person, or a person simulating
intoxication, any alcoholic liquor, wine or beer.
(2) Sell or dispense any alcoholic liquor, wine or beer on the premises covered by
the license or permit, or permit its consumption thereon between the hours of two
o'clock (2:00) A.M. and six o'clock (6:00) A.M. on any weekday, and between the
hours of two o'clock (2:00) A.M. on Sunday and six o'clock (6:00) A.M. on the
following Monday; however, a holder of a liquor control license or retail beer permit
granted the privilege of selling alcoholic liquor, wine or beer on Sundays, may sell or
dispense such liquor, wine or beer on Sunday only between the hours of eight
o'clock (8:00) A.M. and two o'clock (2:00) A.M. the following Monday.
(3) Sell alcoholic beverages, wine or beer to any person on credit, except with a
bona fide credit card. This provision shall not apply to sales by a club to its members
nor to sales by a hotel or motel to bona fide registered guests.
(4) Employ any person under the age of eighteen (18) years in the sale or serving of
alcoholic liquor, wine or beer for consumption on the premises where sold.
(5) In the case of a retail beer or wine permittee, knowingly allow the mixing or
adding of alcohol or any alcoholic beverage to beer, wine or any other beverage in
or about the permittee's place of business.
(6) Keep, or allow to be kept, gambling devices of any kind or description on the
premises of place of business of the licensee or permit holder, contrary to law.
(7) Keep on premises covered by a liquor control license any alcoholic liquor in any
container except the original package purchased from the division, and except mixed
drinks or cocktails mixed on the premises for immediate consumption. This
prohibition does not apply to common carriers holding a class D liquor control
license.
(8) Reuse for packaging alcoholic liquor or wine any container or receptacle used
originally for packaging alcoholic liquor or wine; or adulterate, by the addition of any
substances, the contents or remaining contents of an original package of an
alcoholic liquor or wine; or knowingly possess any original package which has been
Page 14 of 24
so reused or adulterated. (1976 Code, § 5 -3; Ord. 50 -94, § 4, 9 -19 -1994; Ord. 68 -97,
§ 2, 11 -17 -1997)
Page 15 of 24
Exhibit D
INSURANCE SCHEDULE A
INSURANCE REQUIREMENTS FOR TENANTS AND LESSEES OF CITY
PROPERTY OR VENDORS (SUPPLIERS, SERVICE PROVIDERS) TO THE
CITY OF DUBUQUE
1. All policies of insurance required hereunder shall be with an insurer authorized to do
business in Iowa. All insurers shall have a rating of A or better in the current A.M.
Best Rating Guide.
2. All policies of insurance shall be endorsed to provide a thirty (30) day advance
notice of cancellation to the City of Dubuque, except for 10 day notice for non-
payment, if cancellation is prior to the expiration date. This endorsement supersedes
the standard cancellation statement on the Certificate of Insurance.
3. Lessee shall furnish a signed Certificate of Insurance to the City of Dubuque, Iowa
for the coverage required in Paragraph 6 below. Such certificates shall include
copies of the following policy endorsements:
a) Commercial General Liability policy is primary and non - contributing.
b) Commercial General Liability additional insured endorsement.
c) Governmental Immunity Endorsements.
4. Each certificate shall be submitted to the contracting department of the City of
Dubuque.
5. Failure to provide minimum coverage shall not be deemed a waiver of these
requirements by the City of Dubuque. Failure to obtain or maintain the required
insurance shall be considered a material breach of this agreement.
6. Lessee shall be required to carry the following minimum coverage /limits or greater if
required by law or other legal agreement:
a) COMMERCIAL GENERAL LIABILITY
General Aggregate Limit $2,000,000
Products - Completed Operations Aggregate Limit $1,000,000
Personal and Advertising Injury Limit $1,000,000
Each Occurrence Limit $1,000,000
Fire Damage Limit (any one occurrence) $ 50,000
Medical Payments $ 5,000
Page 16 of 24
This coverage shall be written on an occurrence, not a claims made form. Form CG
25 04 03 97 "Designated Location (s) General Aggregate Limit" shall be included.
All deviations or exclusions from the standard ISO commercial general liability form
CG 0001, or Business Owners form BP 0002, shall be clearly identified.
Page 17 of 24
INSURANCE SCHEDULE A (Continued)
INSURANCE REQUIREMENTS FOR TENANTS AND LESSEES OF CITY
PROPERTY OR VENDORS (SUPPLIERS, SERVICE PROVIDERS) TO THE
CITY OF DUBUQUE
Governmental Immunity Endorsement identical or equivalent to form attached.
Additional Insured Requirement:
The City of Dubuque, including all its elected and appointed officials, all its
employees and volunteers, all its boards, commissions and /or authorities and
their board members, employees and volunteers shall be named as an additional
insured on General Liability Policies using ISO endorsement CG 20 26 0704
"Additional Insured — Designated Person or Organization," or it's equivalent. —
See Specimen
b) WORKERS' COMPENSATION & EMPLOYERS LIABILITY
Statutory for Coverage A
Employers Liability:
Each Accident $100,000
Each Employee — Disease $100,000
Policy Limit — Disease $500,000
c) UMBRELLA EXCESS LIABILITY
LIQUOR OR DRAM SHOP LIABILITY
Coverage to be determined on a case by case basis by Finance Director.
Completion Checklist
❑ Certificate of Liability Insurance (2 pages)
❑ Designated Location(s) General Aggregate Limit CG 25 04 03 97 (2 pages)
❑ Additional Insured 20 26 07 04
❑ Governmental Immunities Endorsement
Page 18 of 24
ACORQ CERTIFICATE OF LIABILITY INSURANCE
PRODUCER (563)556 -0272
INSURANCE AGENCY
STREET ADDRESS
CITY, STATE, YIP CODE
INSUIL� Company
Street Address
City, State, Zip Code
FAX (563)556 -4425
THIS CERTIFICATE IS S;$UED AS A MATTER OF INFORMATION
ONLY AND CC9 NO RIGHT'S IRON THE CERTIFICATE
HOLDER. THIS. .. ATE: DOES NOT AMEND, EXTEND OR
AC T)PR BY tHE FOLIC ES BELOW.
INSURERS AFFORDING COVERAGE
iIWRERYI: Xnsurapcs`Cmpany
MOM E:
INSURER c
INDIAN Dc
WIPER E:
DATE(MMIOD/YYYT)
02/24/2005
NAIC 0
A
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN
ANY REQUIREMENT. TERM OR ODNDmON OF ANY
MAY PERTAIN, THE INSURANCEANFORDED 81' THE POLIQI
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCt
Ntray
A
X
X
OTHER
AU 1
X
GARAGE LIABILITY
ANY AUTO
TYPE OF INSURANCE
GENERAL UA$ILITY
X COMMERCIAL CENERAL LUIBILITY
CLAIMS MADE LJ OCCUR
GENT. AGGREGATE LIMIT APPUES PER
POLICY n JECoT LOC
OMOBR! LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON-OWNED AUTOS
DLCESSNMBRCLLA LMIRL.ITY
OCCUR IT
CITY OF DUBUQUE
CITY HALL
30 W. 13TH STREET
DUBUQUE. IA 52001
DEDUCTIBLE
RE1ENTION 5
WORKERS COMPENSATION AND
EMPLOYERS LABILITY •
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
If describe under
SPECIAL PROVISIONS below
cifs T IFICATE HOLDER
*CORD SS /2001/0E1
CLAIMS MADE
POLICY NUYEER
D T10,yOF P
g6MTWI18I TION I
THE ITY OF OUBUQUrS L Ssole t mgt.
ALL POLIC/ES SHALL BE ENDORSED 1D PROOUE\
Cx l�t•.U�,�
Page 19 of 24
FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDINI
RE Td WHICH THIS CERTIFICATE MAY BE ISSUED OR
TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
I i
EACH OCCURRENCE 5 1,000.000
50,00 —
MED IMP (Any one canon) $ 5 L007
PERSONAL 5 ADV INJURY $ 1,000,00',
GENERAL AGGREGATE $ 2,000,00-,
100p
DAMAGE TO RENTED
MPenitl.i (P....+,.nrn)
PRODUCTS - COMP/OP AGG $
COMBINED SINGLE LIMIT
(E. Redden!)
BODILY PWRY
(Per person)
(Per •mided) NJURY
PROPERTYOAMADE
(Per seciderm
AVTO ONLY - EA ACCIDENT 5
OTHER THAN
AUTO ONLY
LIMITS
EA ACC S
AD.G S
EACH OCCURRENCE 5
AGATE 5
$
$
S
E.L DISEASE • POLICY LIAST f 500,000
IUTY•POLICTES USING ISO ENDORSE -
' M iif+j►TtON" OR ITS EQUIVILANT.
4 ' . 1 ; : 9!,I "D,ESIG ATED LOCAtIONS"
frS.. EIdilSI SEMENT I5 INCLUDED.
LLAT /ON TO CITY OF DUBUQUE
1.000,00'
$TAT OTH-
E.L EACH ACCiOENT $ ,.100000
E DISEASE - EA EMPLOYE S 100,000
44014It1IID MOM BE CANCELLED BEFORE THE
xgrpi mmsfrATE HCLD6S minx TO THE'L.EFT,
XXXxXXx
OACORD CORPORATION 1988 .
IMPQRTANT
DISlLAIMFR
The Certtfioate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or after the coverage afforded by the policies fisted thereon.
Page 20 of 24
POLICY NUMBER:
COMMERCIAL GENERAL LIABILITY
CG 2844 03 97
THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY.
Designated Location(s):
This endorsement modifies insurance provided Under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
• (If no entry appears above, information required
as applicable to this endorsement.)
A. For all sums which the insured becxomes leg
obligated . to pay as damages Cabe -•- y.:.
"occurrences" under COVERAGE . A (SECTION
1), and for ell Medical expensea caused by: e ; __
dents under COVERAGE • C (SECTION .I); w1it,
can be attributed only to operations ate 61igrfi;E:,
designated "location" shown in the Sche 01e • •
above:
1. A separate Designated Location General.
Aggregate Limit applies to each designated
"location ", and that limit is equal to the
amount of the General Aggregate Limit
shown in the Declarations.
2. The Designated Location General Aggregate
Limit is the most we will pay for the sum of all
damages under COVERAGE A, except dam.
age's because of "bodily injury" or. "{sr; Soy
dama�gge included in the °Rroducts'pp0 .laced
operations ht erd , Suid, for medic*
under COVi.RAGE,C r'e rcitele -of
ber of.
a_ Irisur+eds"
SCHEDULE
Page 21 of 24
SPECIMEN
endorsement will be shown in the .Declarations
I". Claims made or "suits" brought; or
c. Parapits or organizations making claims
or bringing "suits ".
Arty payments .made .under COVERAGE A
for dam** or under COVERAGE C for
•ntedic:aI.:eig5enses shall reduce the -Desig-
ns Location General Aggregate Limit for
that designated •looation ". • Suoh payments.
shall not reduce the General Aggregate Limit
shown in the Declarations nor shall they re-
duce any other Designated Location General
Aggregate Limit for any other designated
`location" shown In the Schedule above.
4. The limits shown in the Dec iaratioris for Each
Occurrence, Fire Damago end Medicei Ex=
prase c Oritinue to !r: However; Instead of
.sl.Abjecttc ttie neiel. Agg wide Limit
. ; #te O l ratiprts; uch
"IWO ;wtff be
410ik3alt pisitiod Ltacatlon
ragete
lmft..
B. For all sums which the Insured becomes legally
obligated to pay as damages caused by
"occurrences" under COVERAGE A (SECTION
1), and for all medical expenses caused byi-
dents under COVERAGE C (SECTION 1), which
cannot be attributed only to Qperetigne at a eln-
gle designated 'location" shown in the .$chedyle
above:
1. Any payments .Made under C
for damages or under..COVV L
medical expenses. shell iedU ': #'f.i.e
. available under the General Ag9!rt
or the Products - Completed . Ope r ns
gregate Limit, whichever is applidabfe; and.
2. Such payments shall not reduce any Designated •
Location General Aggregate Limit.
C. When coverage for liability arising out of the
'prgduots completed operations hazard" is pro-
vided, any payments for damages because of
"bodily injury" or "property damage" included in
the Nprodu - completed operations hazard' will
reduce Me Products - Completed Operations Ag-
: 41m1t, 0,nd not reduce the General Ag-
tit r>Qrtho Deeigneted. Location Gen -
ate Until
es of tk enrloreement, the Deft-
lolls amended by the addition of
t t fi3 low definition:
Lveation" :mats premises involving the same
r Qgn fleQtJn lc�t , or premises whose connec
. 4n. is.int i '.jjpted' only by a street, roadway, wa-
#erw y or right- of -*ay of a railroad.
;1 e.provisi of Of Insurance (SECTION
nbt otherw se mortified by this endorsement
Shall continue to apply as stipulated.
Page 22 of 24
•
POLICY NUMBER:
THIS ENDORSEMENT GE P
AbDITO:
PER
This endorsement modifies insurance provided On EF
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHE6ULE
Name Of Additional Insured Person(s) Or Organization(*)
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.
Information required to comPiete this ScheditlejfiqttboWitataiiVe, 4U bit; triiwiri,in the OSOlarations.
Section 11 — Who Is An Insured is amended to In-
clude es an additional Insured the person(s) or oriami-
zation(s) shown in the Schedule; but only with respett
to liability for "bodily injury", "property damage" or
"personal and advertising injury" caused, In Whole or
in part, by your acts or omissions or the. acts or omis-
sions of those acting on your behalf:
A. In the performance of your ongoing operations; or
B. In connection with your premises owned by or
rented to you.
CG 20 26 07 04
Page 23 of 24
CD ISO Properties, Inc.. 2004
copotERctAt. GENERAL. LJAI3ILITY
CG20 2111) 04
glif* fr CAREFULLY,
Pagel of 1 •CI
CITY OF DUBUQUE, IOWA
GOVERNMENTAL IMMUNITIES ENDORSEMENT
1. Nonwaiver of Governmental Immunity. The insurance carrier 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 670.4
as it is now exists and as it may be amended from time to time.
2. Claims Coverage. The insurance carrier further agrees that this policy of insurance
shall cover only those claims not subject to the defense of governmental immunity
under the Code of Iowa Section 670.4 as it now exists and as it may be amended
from time to time. Those claims not subject to Code of Iowa Section 670.4 shall be
covered by the terms and conditions of this insurance policy.
3. Assertion of Government Immunity. The City of Dubuque, Iowa shall be responsible
for asserting any defense of governmental immunity, and may do so at any time and
shall do so upon the timely written request of the insurance carrier.
4. Non - Denial of Coverage. The insurance carrier shall not deny coverage under this
policy and the insurance carrier shall not deny any of the rights and benefits
accruing to the City of Dubuque, Iowa under this policy for reasons of governmental
immunity unless and until a court of competent jurisdiction has ruled in favor of the
defense(s) of governmental immunity asserted by the City of Dubuque, Iowa.
No Other Change in Policy. The above preservation of governmental immunities shall
not otherwise change or alter the coverage available under the policy.
SPECIMEN
Page 24 of 24