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HHH Enterprises of Dubuque, Inc. Lease_Revised 4 12 10Masterpiece 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: April 12, 2010 Dubuque hail AII•Amedca City 11111 ! 2007 City Engineer Gus Psihoyos recommends City Council approval of a new lease 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: — 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. I concur with the recommendation and respectfully request Mayor and City Council approval. MCVM:jh M(chael C. Van Milligen Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Gus Psihoyos, City Engineer Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manage FROM: Gus Psihoyos, City Engineer DATE: April 12, 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 Dubuque an- America cihr 1 2007 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 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. RECOMMENDATION I would recommend that a public hearing be held on the proposed lease between HHH Enterprises of Dubuque, Inc. to operate and maintain a restaurant deck and beer garden at 180 Main Street. ACTION TO BE TAKEN The attached resolution should be submitted to the City Council for consideration and approval of disposing of City interest in the public right -of -way at 180 Main Street for the operation and maintenance of a restaurant deck and beer garden by HHH Enterprises of Dubuque, Inc. cc: Barry Lindahl, City Attorney Ken TeKippe, Finance Director Steve Sampson Brown, Project Manager RESOLUTION NO. 116-10 DISPOSING OF INTEREST IN REAL PROPERTY OWNED BY THE CITY OF DUBUQUE BY LEASE BETWEEN THE CITY OF DUBUQUE AND HHH ENTERPRISES OF DUBUQUE, INC. Whereas, pursuant to resolution and published notice of time and place of hearing, published in the Telegraph herald, a newspaper of general circulation published in the City of Dubuque, Iowa on this 9 day of April, 2010, the City Council of the City of Dubuque, Iowa, met on the 19 day of April, 2010, at 6:30 p.m. in the Historic Federal Building Council Chambers (second floor), 350 West 6 Street, Dubuque, Dubuque County, Iowa to consider the proposal for the lease of public right -of -way abutting 180 Main Street legally described as: A portion of sidewalk adjacent to the southwestern bound of West 1 Street and connecting to the 180 Main Street property in the City of Dubuque, Dubuque County, Iowa and Whereas, the City Council of the City of Dubuque, Iowa, overruled any and all objections, oral or written to the proposal to lease such real estate. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the lease of City of Dubuque property abutting 180 Main Street, to HHH Enterprises, LLC, be and the same is hereby approved, in accordance with the Lease Agreement attached hereto. Section 2. The Mayor is authorized and directed to execute the Lease Agreement, and the City Clerk is hereby authorized and directed to deliver a copy of said Lease to HHH Enterprises, LLC. Section 3. The City Clerk is hereby authorized and directed to record a certified copy of this resolution in the offices of the City Assessor, Dubuque County Recorder and Dubuque County Auditor. Att To HHH Enterprises of Dubuque, Inc., pursuant to a Lease Agreement attached hereto; Passed, approved and adopted this 19th day of April , 2010. anne F. Schneider, CMC, City Clerk 7 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 th ) 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 6of24 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 Mayo -, City of Dubuque City Hall 50 W. 13 Street Dubuque, IA 52001 STATE OF IOWA, DUBUQUE COUNTY, ss: STATE OF IOWA, DUBUQUE COUNTY, ss: By: Page 10 of 24 HHH ENTERPRISES 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. Notary Public, State of Iowa 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 ea h H tchinson HHH Enterprises u fo 164 Main Street (billing address) Dubuque, IA 52001 H N .` Q. L w M+ W a =o r . I O W L O 4— O . 0 w Y R — — IF PR oP[RTY uNE -- - -- - -- CENTERUNE -- W --- WATER UNE U4 0 RGROUND ELECIHIC _._., _....� UNUER044OUNO tELEPNUNL •�5° WATER 5F4U1 OFF (v WATER VALVt • 1; PO r l$OICAIOR VALVL n UTILITY PLOLSIAL i1GN PR8 RIE TOR" HHH ENTERPRISES LLC S JR VCYt0 FOR CITY OF OUBUOUE 11ATr PF SURVEY. JANUARr, 2008 SKETCH OF SURVEY NORTH 1/2 OF CITY LOT 3A AND SOUTH 1/2 OF CITY LOT 3A IN THE CITY OF DUBUQUE, IOWA DOORWAY ' , OZ ,1 TEL PEU see ^" DETAIL A ELEC METER ELLC PEf- -- 1100 METER �LEC i - CONDUIT - - / DOORWAY 3P AIR VENT ELEC METER ...III IlhI(II0 i. NORTH GRAPHIC SCAT.L O TO 10 \ UHAWIN( MAY HAVE UEEN RE6UC1.0 SEE DETM B F OVERHE DECK WITH RAILING WO00EN RAILING y AT STREET LEVEL\ STAIRWAY TO DECI( 1 1 HW IN( NITERS s ST}RVOY ",RS. P.(• fWAW1 ARL ...- PLAT 410 ^IA -"Ltl 411O plr _- _.._.. TPRt NO 0&:!N OATt Rl -)f -n4 1 TsEEi t ai 1 `� P i(M\t O(; -nrw ' ni'npnw,nr S\r�A\nMrnt; °nor` 8.1 ft 12.1 ft 7.5 ft Stairs 10.0 ft Permanent Storage Approx 19 ft 3.8 ft Area Approx 443.39 sq ft 6.0 ft 00 0 a 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 I LJ 4.2 ft 7.5 ft 4.2 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 O Area Approx 396.19 sq. ft. 4.3 ft 14.5 ft 77ft 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. O errant L_ 1a . Ratios' 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 $500,000 c) UMBRELLA EXCESS LIABILITY LIQUOR OR DRAM SHOP LIABILITY Coverage to be determined on a case by case basis by Finance Director. Completion Checklist ❑ Certificate of Liability Insurance (2 pages) ❑ Designated Location(s) General Aggregate Limit CG 25 04 03 97 (2 pages) ❑ Additional Insured 20 26 07 04 ❑ Governmental Immunities Endorsement Page 18 of 24 ACO CERTIFICATE OF LIABILITY INSURANCE GATE (MMIDO/YYYVI 02/24/200S TYPE OF INSURANCE PRODUCER (S63) 556 -0272 FAX 063)556-442S INSURANCE AGENCY STREET ADDRESS CITY, STATE, ZIP CODE THIS CERTIFICATES ISSUED AS A MATTER OF INFORMATION ONLY ANC! • - - -•- so tap IS UPON THE CERTIFICATE HO , - : .= : c ' Lji ATE: • • E8 NOT AMEND, EXTEND I' 'A+a =[z? 4,.•. ' Is 1•... OR •i INSURERS Mir-OROINO COVERAGE NAIL # ..su w Company Street Address City, State, Yip Code maim& Insuripme iipany INSURER a: 11118/nERC• S 1,000,000 tW84&8ER D: COMMERCIAL GENERAL LIABILITY — 1 CLAMS MADE X OCCUR EJ mo E: S SO , OOC THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN • if y - ' FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDINI ANY REQUIREMENT. TERM OR OONDITION OFANY * + «� ,. ° TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES , + E TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POUCIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDOCI O BY NO • . 17'I OD TYPE OF INSURANCE POLICY RUMMER P I CI A Y IBMW PrY MM" LASTS A X GENERAL LLAIILTTY EACH OCCURRENCE S 1,000,000 X COMMERCIAL GENERAL LIABILITY — 1 CLAMS MADE X OCCUR �1 REN TED S SO , OOC 1.1E0 EMI (My ono person) E 5,00C S 1,000,00C PERSONAL S ADV INJURY GENERAL AGGREGATE S 2,000,00C GENL — 1 AGGREGATE LIIAT APPLIES PER: POLICY r---in 51 LOC PROOUC - COMP/OP AGO S 1,000 J 00C A X � ' AUTOMOBILE X UABI.ITY ANY AUTO ALL OWNFD AUTOS SCHEDULED AUTOS HIRED AUTO$ NON-OWNED AUTOS / � / `' F i ( O E OMBEUNGLE LIAR S 1, 000,OOC _ 1 / µ L cn - rs f 1 .. BOD ILY IN I�• P« 1 1 S INJURY $ PROPERTYCIAMAOE (Per •Aq GARAGE LIABIJTY . MfTO ONLY -EA ACCIDENT S ANY AUTO OTHER THAN EA ACC 8 AUTO ONLY: ADG S EXCESS/UMBRELLA UAZEJTY OCCUR CLAIMS MADE DEDUCTsie :ii RETENTION 5 EACH OCCURRENCE $ AGATE S 4 k - � ..0 "�" ` s E S A WORKERS COMPENSATION AND EMPLOYERS' !LIABILITY • MY PROPRIETORIPARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED/ R de ,a+ c oute EPSGIAL PROVISIONS Wk. ... I P ' - ` X WC STA •TH - • . _. �•. _.__ _LR ....., E.L EACH ACCIDENT �_.. __..,... __ . $ e.100 L 000 E.L DISEASE • EA EMPLOYEE 5 100, 000 E.L DISEASE • POUCY LIMIT S 500,000 WINER ?YEW OF UBUQUJE •15LiSTED MENT FORM CG 20 26 07 04 . "ADDITIONAL :, ENERAL LIABILITY POLICY' I5 4I4.I :, E NERAL LIABILITY' AGGRE AIT L ALL POLICIES SHALL BE .ENDORSED .4 " I I ... A.. r i I . ej ''''''' ^a `; ILITY •POLICIES USING I50 ENDORSE- 1145 .5 ' I •(,,,A) a a ' I , a <. i + TION" OR ITS EQUMLANT. Y 4I „ l ,,..:?,.4-,,i •v • �`�� �, t / ' • ,03, .97 • 'DESIGNATED LOCAtIONS" T. 1 �' • i ' ' CS ENSEMENT IS INCLUDED. SHA ` + 5 ` j r I + R IX* • T O P R G > E • •, • , . . II 1 5 bF « LL AT TO CITY OF DUBUQUE 1. CERTIFICATE HOLDER s, ' <� •,,,�.li �� . fi � ` . CITY O F DUBUQUE C17Y HALL s0 W. 13TH smut DUBUQUE. IA 52001 1 '' , ' * , ` o v1 oIRO'ell* rouoiea EE cANCJir1Ea IEPORE Tiff „ , �' -. E ,:' R$UEIB Ramie YVJ.L MAIL ' " , " ' • -, TD re nomM RHiTEO TG TNBJYEFT, rs ( .: ,r er••, �:. , • , , z + ' • • 01&!D�(XXXXXXX ' !CORD 2812001 0BI Page 19 of 24 i•ACORD CORPORATION 198E IMPORTANT lithe certificate holder Is an ADDITIONAL N D,_ ahe on this certificate does not confer rig tip If SUBROGATION 1S wAlvap,surijOg ;4Ot$ sj require an endorsement. A statenierif'titl'this trc5p�e holder In lieu of such endorsement(s). DISC.I.AIM The Certifioate 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 00 25 0403 87 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE F#EAE IT CAREFULLY. Designated Locatton(s): (If no entry appears above, information required as applicable to this endorsement.) a. trisureds: This endorsement modifies insurance provided under the foligwing: COMMERCIAL GENERAL Li COVE.RAGE PART SCHEDULE A. For all sums which the insured becomes 1400: obligated . to pay • as damaagges catj "occurrences" under COVERAGE . A (SECTION 0, and for all inedloal expenses caueed by: a dents under COVERAGE C (SECTION I), W,Il.+ can be attributed only to operations at a shit:... designated "location" shown in the Schestlile 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 'propSrty damage included in the "produptsPpFiti:ll0(0 operations hi z rd ", fi mJ 1 under COVERAGE C reglardlaieof ber of: . Page 21 of 24 SPECIMEN endorsement will be.shown in the-Declarations b. Claims made or "suite brought; or C. Persohi or organizations making claims or:brInging `suits'. 3. Any paimeott made.under COVERAGE A for.. damage or tinder COVERAGE C for mediicaf' eases shalt reduoe the - Desig- nated Lo ation General Aggregate Limit for that designated •` location`. • Such payments. shall not reduce the General AggregateLirriit 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 knits shown in the. Declarations for Each ©ctuirenoe, Fire Damage end Medical Ex= prase continue to y._ .However; Inetead of ubJeQt to the .0.4naral.A0gretgate Limit l ac ns;'suutoh litnite :w+i11 be . AgololoWpeelipatecl Location +is9B(e lrrt B. For ell 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 by egoi- dents under COVERAGE C (SECTION 1), which cannot be attributed only to operations at a aln- gle designated 'location' shown in the .$0.0edule above: 1. Any payments .made under CO. for damages .or under..OWE. medical expenseS shall available under the - 0eneral Aggt 2Lirfitt or the PrOducts-Completed O'pti�ns • gregate Limit, whichever is applidebie; arid. 2. Such payments shall not reduce any Designated • Location Oeneral Aggregate Limit. Page 22 of 24 C. When coverage for liability arising out of the 'products operations hazard" is pro- vided, any payments for damages because of "bodily injury" or 'property damage" included in the Ixoducts-oompleted operations hazard will *We th4 Products-Completed Operations it, and riot reduce the General Ag- It'llOr:the Designated: Location Gen- : , g t e • ; • - :iairretwes o7-.this endorsement the Defi- t goon' Is gOended by the addition of lo*_40finitiOn: i�h mespremse s Involving the same odnneOtirig: lots, or premises whose conneo- OP is.lritetiiiPted only by a street, roadway, we- ., :tem* right-of4ay of a railroad. it.7theprovist9ns of Limits Of Insurance (SECTION , • HO not Othei\vise modified by this endorsement • •abaft continue to apply as stipulated. POLICY NUMBER: This endorsement modifies Insurance prauided iI COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organlsation(s) Section R — Who Is An Insured is emended to in- clude es an additional Insured the person(s.) or prgenl- zation(s) shown In the Schedule; butoi wlh .respebt 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 ® ISO Properties. Inc.. 2004 Page 23 of 24 cOMMERCtAL GENERAL. UA¢1LITY COO 25 07 04 IT CAREFULLY. gr):: 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 complete this Schedti o*rl:i v;111 be sltovm,hi the D7 opeatoons. Pagel of 1 0 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 Masterpiece 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 Michael C. Van Milligen Dubuque ketkil All AmedcaCity 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. concur with the recommendation and respectfully request Mayor and City Council approval. Masterpiece on the Mississippi TO: FROM: DATE: SUBJECT: 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 Michael C. Van Milligen, City Manager (�� Gus Psihoyos, City Engineer \, March 26, 2010 HHH Enterprises of Dubuque, Inc. Lease Dubuque klatri au- ameticaCity 11111! 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 Tess 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 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: Passed, approved and adopted this Jeanne F. Schneider, CMC, City Clerk RESOLUTION NO. day of , 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 less 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 th ) 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) OR Year Five (5) Rent x 1.03 Whichever is greater. 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 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 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 loss 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: STATE OF IOWA, DUBUQUE COUNTY, ss: HHH ENTERPRISES fL ----P ea h H chinson HHH Enterprises 164 Main Street (billing address) Dubuque, IA 52001 By: 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. Notary Public, State of Iowa 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 . a) . L 0. L W Q = co 70 • I o U 4 6 4 0 -I I FGEND — — -- PROPERTY UNE --- — --- CENTERUNE --- W — WATER UNE L UNDERGROUND ELECTRIC UNDERGROUND 1ELLPNOME WATER SNOT OFF WATER VALVE POST INDICATOR VALVE LJ u 1WIY RLDEl IAL SIGN PROPRIC I0R HRH ENTERPRISES LLC SUR VE1t0 FOR: CITY OF OUDUOUE DATE OF SURVEY. JANUARY, 2008 SKETCH OF SURVEY NORTH 1/2 OF CITY LOT 3A AND SOUTH 1/2 OF CITY LOT 3A IN THE CITY OF DUBUQUE, IOWA [LEG METER LLEC ELEC METER No / /LEG i ▪ CONDUIT \iZ DOORWAY ,0� " \ I 1 U � TEL FED DOORWAY AIR VENT LLEC METER n ,n 11 liD,�, NC�TTH GRAPHIC SCALE 10 20 DRAWING MAT HAVE ULLN REDUCED SEE DETAIL D OVCRHEAD DOCK WITH RAILING \ �F WOODEN RACING 7 AT STREET LEVEL G T ..L STAIRWAY TO DECK IIW LNCA NI:INS . 5UKVIYORS. P.C. 01141 ARC 1 PLAT 110 • -IA-1M LW C10.1/ Wi PIIDJ NO OMNI.0 j DAIL 02- 0 1H1 N �Gn \�XNSMw n1�nnAN4lne� r,0 :1PMn rnr 12.1 ft 3.8 ft :Area Approx 443:39 sq `ft 7.5 ft Stairs 10.0 ft Permanent Storage Approx 19 ft 6.0 if o 0 a a Ground Level Footprint: (19 x 40) = 760 sq: ft. Exhibit A -2 24.0 ft 7.5 ft 2.5 ft 3.3 ft Ground Level "Usable Area ": 443.39 sq. ft. Second Level "Usable Area ": + 396.19 sq. ft. Stairs + Landing: + 80.61 sa. ft. Total "Usable Area ": Approx. 920.19 sq. ft. Page 12 of 24 14.5 ft u� iu 4.2 ft 7.5 ft 4.2 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 gol gait L ad. tios ., Max Load with standing room Max Load with folding chairs Maktba l `with tables and chairs 1 person per 5 s• ft 1 person per 7 s• ft `1 person pe;r 15sgrft • 88 persons 66 persons 29'pe1%6ns` 79 persons 56 persons 26 persons' 167 persons 122 ersons `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 THE POLICIES OF INSURANCE LISTED BELOW HAW @E 'N c 4 + . z - . FQ R THE POLICY PERIOD INDICATED. NOTWITHSTANDINI ANY REQUIREMENT, PERM OR NDmON OF ANY • • / • TO WHICH THIS CERTIFICATE MAY BE ISSUED OR 3 F MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLI • •t °� • + .•1• { � • - BUSJECT TERMS, EXCLUSIONS AND CONDffiONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDO - • I tR rKRRT TYPE OF INSURANCE - POLICY NUMBER O Y 17VE POLlC1' EILPIRAjRRNI IMYi Ml1 UNITS A X GENERAL LABILITY • EACH EACH OCCURRENCE 3 1,000,000 )( COMMERCIAL CENERAL LIABILITY DAAL,GE TO REN TED P rFR (F• nr r,w.w,rn, a �D r DDO CLAIMS MADE OCCUR al( MEO EAR Any one parson) 5 5 t op, 5 1,000 + 000 PERSONAL i ADV INJURY GENERAL AGGREGATE 5 2,000,000 GENT AGGREGATE Like'!" APPLIES PER POLICY n jEC LOC PRODUCTS - COMP/OP AGG $ 1.000 I 000 A X AUTOMOBILE % — ULBRITY ANY AUTO ALL OYLTNFD AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS ,[L}y; /Y ` C f � S l ._..' . - - tom" �•� / f •• t ^r /J - /' .1 COMBINED SINGLE LIMIT 1,000,000 BODILY INJURY I person) 5 BODILY INJURY (PerKddwll) $ PROPERTY DAMAGE (Per incident) $ GARAGE LIABILITY . Adho ONLY -FA ACCIDENT S ANY AUTO O1HER7WW EA ACC S AUTO ONLY: AGG S EXCEBS/UMBRELLA LIABILITY OCCUR CLAIMS MADE 1 DEDUCTIBLE RETENTION S � . . EACH OCCURRENCE 5 AGGREGATE S . i i A WORKERS COMPENSATION AND } EMPLOYERS LABILITY ANY PROPRIFTOR/PARTNER,EXECUTIVE OFFICER/MEMBER EXCLUDED'/ N yea dosvbe.vvlar SPECIAL PROVISIONS ENOw I ' •' / 1( BTA LL I_.__1 1R _.. E.L EACH ACCIDENT .. �_.. ___.,.... _- i ,,1QQ L QQQ E.L DISEASE - EA EMPLOYEE S 100;606 EL DISEASE • POLICY LIMIT 3 500, 000 OTHER ig rrY OF OP@ UBUQU TION / THE CITY O DUBUQUE •I5 L '4ENT FORM CG 20 26 07 04 "ADDITIONAL 3ENERAL LIABILITY POLICY IS RI ''AO ; ENERAL LIABILITY AGG ATE L ALL POLICIES SHALL BE ,ENT 0RSE0 AS N 11 3 + b *1i 1 Y. ,� t •; 6� A • s TD 'PRQ1 E! , o- L. ' f } i Vi /�e .■ ∎ :.•L ,r : 1 r I ' I POLICIES USING ISO ENDORSE - 13TY N t � i ill /';t ti .4; "Q ' ? TZATION" OR ITS tQUIVILANT. a� � +d;. 4 ' k r i F , 4 " « i s . Q . :l 7 D3IGNATED COCOONS " t 1 , ):10 ; - ell ��i I E k; 91 ... Nb01SEMENT IS INCLUDED. + ) L ; • P F ,II E bF : (LOON To CITY OF DUBUQUE I m +��y � IMirG :. • CERTIFICATE HOLDER , ,..,+ � p •} 1 . lyi � 1 • : ' 1 • / . CITY OF DUBUQUE CITY HALL 30 W. '13TH STREET • DUBUQUI . IA 52001 'l ' a: t !` T... . „ Inanfurp POUCIEB BE CANCELLED BEFORETNE . x. . . I ;h„ ' - • • mIUING IM$URUR WILL MAIL 4. • 7oDT TIPICA7E NOLDER NAMED TO TnitSFT, ! I t : ,: lr it - a .''r i.. }( ' , ,,4 ,!_i. I Y ., , � N ' i '. DcitNxxxx A' : ' ., a . i4Ti3e . . ACORQ, CERTIFICATE OF LIABILITY INSURANCE PRODUCER (563)556 -0272 INSURANCE AGENCY STREET ADDRESS CITY, STATE, ZIP CODE msumm Company Street Address City, State, Yip Code FAX (563)556 -4425 THIS GERTIFICAT.E ISSUED AS A MATTER OF HOLDER: TI-06 N AT�DOES NOT AMEND, EXTEEND OR ALTER THE COV�AF RDED EY The POLIO ES BELOW. INSURERS AFFORDING COVERAGE 'IUdRER A: Insurance 'Company INSURER B: INSURER G • Ra . * MATE (MM/OG'TYYYI 02/24/2005 NAIC i • ACORD M f4D01/081 Page 19 of 24 CACORD CORPORATION 798E If SUBROGATION IS WAIVED, )14fi fg4Bf requite an endorsement. A statefnerit'6*thls be holder in lieu of such endorsement(s). • (es) 01 .be :endorsed. A statement i u i tch endorsement(s): A010; ©erte n pottctes tray aoilierr "igTrts ffiytrecettlfioste The Certificate 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 listed thereon. ACOR' 25 (2001108) Page 20 of 24 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY GO25O4 0 97 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE MAD 1T. CAREFULLY. This endorsement modifies Insurance provided under the fotlgwing: COMMERCIAL GENERAL LIABILITY COVERAGE PART Designated Location(s): • (If no entry appears above, Information required as applicable to this endorsement.) A. For all sums which the insured becames.legat obligated . to pay as damages cepsec7;:tby. "occurrences" under COVERAGE .A (SECTION . I), and for ell medioai.elcpenses. caused by:ar dents und COVI=RAGE•C ‘SECTION .1); VON,. can be attributed only- to operations a tie- 1 designated "location" shown in the Schediite 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 rnost, we will pay for the sum of all . damages under COVERAGE A, excpt dam. ages because of "bodily injury"- or `pt• r y damage"- in cluded 'In the ". ag .prodtJOts� operations rd" ,f9r under t3( ad mist roles$-. ber of: a.. Insureds: SCHEDULE rripdt,. Page 21 of 24 • SPECIMEN endoi'sernent' be .shown to the Declarations • #: Ctalms made or "suits" brought; or c. Persohs or organizations making claims • or "suite'. Any pay lettts triode •Under COVERAGE A . .for:. - d � naes or under COVERAGE C for inedicai':exfienses shall reduce the - Deslg- nated LccatiOn General Aggregate Limit for that designated •" location'. • Such payments. shall not reduce the General Aggregate-Unlit shown In the Declarations nor shalt they re- duce any other Designated Location General Aggregate Limit for any other destgrrated "location" shown in the Schedule above. 4.. The limits shown In the Deolaratioris for Each Occurrence, Fire Damage tend Medic l Ex= pl qse Oofitinue to sp ly; •Howeyer; Instead of •, • rig bup eCt tP t ie metal.. ete Limit • =br►: h e Dd 1 rrttons'.su iMMats will be '0. t t i Pe Igh fed Location Oil. . . B. For ell 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 by @col- dents under COVERAGE C (SECTION!), Which cannot be attributed only to operations tit a 01 gle designated 'location' shown in the edyle above: • - 1. Any payments •Ma(lia ovder for damages __Or under..C(Na medical expenseSIstidli tedi.lO, . available under the General AggitebA0,310t . or the Products-OoMpleted Opera liOnS gregate Liratt, whichever is appli8ab1e; . • 2. Such payments shall not reduce any Designated Location General Aggregate Limit Page 22 of 24 C. When coverage for liability arising out of the a prgclucts-pompieted operations hazard" is pro- vided, any payments for damages because of "bodily inJury or 'property damage" included in the NprocIuots.ocnpeted operations hazard will recItme the rocluots-Cornpleted Operations - Ag- jjmtt, and riot reduce the General Ag- LIrp1t 41q1Ithe Designated: Looation Gen- te Pg*. 13 :T.: rpqss .4f...tnis endorsement the Defi- ,. 7. F emended by the addition of 010\414g - definition: 14,0.006n! ms Premises Involving the same 0OnfiePtirig lots or premises whose connec- ti It Interegpted 'only kty a street, roadway, wa- ., ...rqiiMi.01":• , ri . ,gilt - afMay of a railroad. bo.provisiprIkof.:Limits Of insurance (SECTION cithftlWISV mottled .14. this endorsement • Shall oontinue to apply es stipulated. POLICY NUMBER: THIS ENDORSEM M COQ #P T' Pi)UcY. A©DITJ :._. PER This endorsement modifies Insurance prgincied i?n er•" COMMERCIAL GENERAL LIABILITY COVERAGE PART SChiEOULE Name Of Additional Insured Person(s) Or OrganIzation(s) 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 pompfete into hadute :{f n { * t the 1:)eOtarations. CG 20 26 07 04 Section II — Who Is An Insured is amended to in- clude as an additional Insured the personcs1 or aroanl- catiion(s) shown In the Schedule; but only with .respebt 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 at or otnis- 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. ® ISO Prooerties. Inc.. 2004 Page 23 of 24 'algaovWi COMMERCIAL GENERAL LIABILITY • C62020 07 04 JilOwAJW 36R 13 SFULLY Page 1 of 1 .0 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