Signed Contract_Deere & Company for Parking License AgreementCity of Dubuque
City Council Meeting
Consent Items # 19.
Copyrighted
December 20, 2021
ITEM TITLE: Signed Contract(s)
SUMMARY: Dubuque Plumbing and Heating for the Westside Water Meter
Improvement Project; Deere & Company for Parking License
Agreement.
SUGGESTED Suggested Disposition: Receive and File
DISPOSITION:
ATTACHMENTS:
Description Type
Dubuque Plumbing and Heating_Westside Water Meter Supporting Documentation
Improvement Project
Deere & Company Parking License Agreement Supporting Documentation
PARKING LICENSE AGREEMENT BETWEEN
THE CITY OF DUBUQUE, IOWA AND
DEERE & COMPANY
This Parking License Agreement (the Agreement), dated for reference purposes
the 10th day of September , 2021, is made and entered into by and between
the City of Dubuque, Iowa a municipal corporation (City) and Deere & Company
(Licensee), a Delaware Corporation.
WHEREAS, City is the owner of a parking lot which includes the equivalent of a
five hundred nineteen -stall area (the Licensed Area) shown on the attached Exhibit A and
by this reference incorporated herein as though fully set out herein; and
WHEREAS, City and Licensee are desirous of entering into an agreement where
City grants to Licensee a license for the privilege of using the Licensed Area for providing
parking for Licensee's employees under the terms and conditions hereinafter set forth;
NOW THEREFORE, in consideration of the mutual covenants and agreements set
forth herein, City and Licensee agree as follows:
SECTION 1. TERM OF AGREEMENT. Subject to Section 11, City hereby grants to
Licensee a nonexclusive license to use the Licensed Area for parking for Licensee's
employees for a term of sixty (60) days (the Term), commencing October 1, 2021 and
terminating at midnight November 30, 2021, renewable by Licensee at Licensee's option
for two (2) additional thirty (30) day periods upon written notice by Licensee delivered to
City, upon the condition that Licensee pays the parking license use fee therefor, and
otherwise performs as in this Agreement provided. Licensee has the option to terminate
this Agreement as of October 31, upon written notice by Licensee delivered to City.
SECTION 2. PARKING LICENSE USE FEE. The parking license use fee (the Fee) for
the Licensed Area is Seven Thousand Five Hundred Dollars ($7,500.00) per month for a
maximum of 475 parking spaces at any given time, regardless of the number of spaces
actually used by Licensee. The Fee shall be paid to City in advance commencing on the
1st day of October 2021, and on the first day of each month during the Term and any
renewal thereof.
SECTION 3. USE OF PREMISES
3.1 Licensee covenants and agrees to use and occupy the Licensed Area for parking
for its employees only.
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3.2 Licensee may not place or allow any signs on or in the Licensed Area without the
prior written approval of the City Manager. Licensee may not place or allow any structure
on or in the Licensed Area.
SECTION 4. ASSIGNMENT AND SUBLETTING. Licensee may not assign or sublet
this Agreement or the Parking Area nor any portion thereof.
SECTION 5. MAINTENANCE OF PROPERTIES. Licensee may be responsible for
snow and ice removal in the Licensed Area at its expense.
SECTION 6. RESPONSIBILITY FOR ENFORCEMENT. City is not responsible in any
manner for enforcement of Licensee's privilege to use the Licensed Area. Licensee must
use the Licensed Area in a manner that is compatible with the operation of the remainder
of City's parking lot and may not cause or allow any conflicts or interruptions to the
operation of City's parking lot.
SECTION 7. DEFAULT. If Licensee defaults in the payment of the Fee hereunder or
any part thereof, or defaults in the performance of any of the other covenants herein
contained, and such default continues for a period of ten (10) days after written notice
thereof, specifying the default complained of, mailed to Licensee by United States
certified mail or delivered electronically, then City may, at its election, declare the terms
of this Agreement ended and re-enter the Licensed Area, with or without process of law,
and expel and remove Licensee or any person or persons in or upon the Licensed Area,
using such force as may be necessary under the circumstances; and if at any time, by
reason of such default of Licensee and the continuance thereof for such period of ten (10)
days after written notice has been given, said term will be so ended, Licensee hereby
covenants and agrees to surrender and deliver up the Licensed Area peaceably to City.
SECTION 8. INDEMNITY. Licensee agrees to defend, indemnify and hold harmless
City, its officers, agents and employees, from any and all damages or claims whatsoever
by reason of Licensee's use of the Licensed Area and further agrees to reimburse City
for any and all damage to the Licensed Area resulting from the use of the Licensed Area
for activities associated with Licensee's business. City agrees to promptly give notice of
any and all damages or claims and to permit Licensee and/or its insurance carrier to
investigate and defend the same.
SECTION 9. INSURANCE. Licensee must at all times during the term of this
Agreement provide insurance as set forth in the attached Insurance Schedule as such
Insurance Schedule may from time to time be amended by City.
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SECTION 10. SURRENDER OF PREMISES AT END OF TERM. Licensee agrees that
upon termination of this Agreement it will surrender, yield up and deliver the Licensed
Area in good, clean condition.
SECTION 11. TERMINATION
11.1 City may terminate this Agreement for any reason, with or without cause, upon ten
(10) days written notice mailed to the Licensee by United States certified mail.
Deere & Company
One John Deere Place
Moline, IL 61265
Attn: Manager, Real Estate Transactions
Attn: Cary M. Arensdorf
11.2 Upon termination for any cause whatsoever, City will prorate the Fee for the current
month in which advanced payments have been made and rebate such prorated Fee for
the balance of the current month.
CITY OF DUBUQUE, IOWA
By: - -
Michael C. Van Milligen, City Manager
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DEERE & COMPANY
By: ,A2Q2
Deere & dompany Representative
Cary Arensdorf
Printed Name
EXHIBIT A
LICENSED AREA
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- _ -
- i
Irk
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INSURANCE SCHEDULE A
Deere & Company shall furnish a signed certificate of insurance to the City of Dubuque, Iowa for
the coverage required in Exhibit I prior to the lease, license, or permit commencement. All
lessees of City property and right of way licensees or permittees shall submit an updated
certificate annually. Each certificate shall be prepared on the most current ACORD form approved
by the Iowa Insurance Division or an equivalent. Each certificate shall include a statement under
Description of Operations as to why the certificate was issued. Parking License Agreement dated
2. All policies of insurance required hereunder shall be with an insurer authorized to do business in
Iowa and all insurers shall have a rating of A or better in the current A.M. Best's Rating Guide.
Each certificate shall be furnished to the Finance Department of the City of Dubuque.
4. The lessee, licensee, or permittee shall be required to carry the minimum coverage/limits, or
greater if required by law or other legal agreement, in Exhibit I. Failure to provide the required
minimum coverage shall not be deemed a waiver of such requirements by the City of Dubuque.
Failure to obtain or maintain the required insurance shall be considered a material breach of the
lease, license, or permit.
All required endorsements shall be attached to certificate.
Whenever a specific ISO form is referenced the current edition of the form must be used unless
an equivalent form is approved by the Director of Finance and Budget. The lessee, licensee, or
permittee must identify and list in writing all deviations and exclusions from the ISO form.
8. If lessee's, licensee's, or permittee's limits of liability are higher than the required minimum limits
then the lessee's, licensee's, or permittee's limits shall be this agreement's required limits.
9. Lessee, licensee, or permittee shall require all subcontractors and sub -subcontractors to obtain
and maintain during the performance of work insurance for the coverages described in this
Insurance Schedule and shall obtain certificates of insurance from all such subcontractors and
sub -subcontractors. Lessee, licensee, or permittee agrees that it shall be liable for the failure of a
subcontractor and sub -subcontractor to obtain and maintain such coverage. The City may
request a copy of such certificates from the lessee, licensee, or permittee.
10. Lessee, license & permittees shall be responsible for deductibles and self -insured retention and
for payment of all policy premiums and other costs associated with the insurance policies
required below.
11. All certificates of insurance must include agents name, phone number and email address.
12. The City of Dubuque reserves the right to require complete, certified copies of all required
insurance policies, including endorsements, required by this Schedule at any time.
13. The City of Dubuque reserves the right to modify these requirements, including limits, based on
changes in the risk or other special circumstances during the term of the agreement, subject to
mutual agreement of the parties.
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INSURANCE SCHEDULE A (Continued)
EXHIBIT I
A) COMMERCIAL GENERAL LIABILITY
General Aggregate Limit $2,000,000
Products -Completed Operations Aggregate Limit $1,000,000
Personal and Advertising Injury Limit $1,000,000
Each Occurrence $1,000,000
Fire Damage Limit (any one occurrence) $50,000
1) Coverage shall be written on an occurrence, not claims made, form. The general
liability coverage shall be written in accord with ISO form CG 00 01 or business
owners form BP 00 02. All deviations from the standard ISO commercial general
liability form CG 0001, or Business owners form BP 00 02, shall be clearly
identified.
2) Include ISO endorsement form CG 25 04 "Designated Location(s) General
Aggregate Limit."
3) Include endorsement indicating that coverage is primary and non-contributory.
4) Include Preservation of Governmental Immunities Endorsement (Sample
attached).
5) Include additional insured endorsement for:
The City of Dubuque, including all its elected and appointed officials, all its
employees and volunteers, all its boards, commissions and/or authorities and
their board members, employees and volunteers. Use ISO form CG 20 10
(Ongoing operations) or its equivalent.
6) Policy shall include Waiver of Right to Recover from Others Endorsement.
B) WORKERS' COMPENSATION & EMPLOYERS LIABILITY
Statutory Benefits covering all employees injured on the job by accident or disease as
prescribed by Iowa Code Chapter 85.
Coverage A Statutory —State of Iowa
Coverage B Employers Liability
Each Accident $100,000
Each Employee -Disease $100,000
Policy Limit -Disease $500,000
Policy shall include Waiver of Right to Recover from Others endorsement.
Coverage B limits shall be greater if required by the umbrella/excess insurer
OR
If, by Iowa Code Section 85.1A, the lessee, licensee, or permittee is not required to
purchase Workers' Compensation Insurance, the lessee, licensee, or permittee shall
have a copy of the State's Nonelection of Workers' Compensation or Employers' Liability
Coverage form on file with the Iowa Workers' Compensation Insurance Commissioner, as
required by Iowa Code Section 87.22. Completed form must be attached.
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INSURANCE SCHEDULE A (Continued)
C) POLLUTION LIABILITY
Coverage required: _ Yes _*—No
Pollution liability coverage shall be required if the lessee, contracting party, or permittee
has any pollution exposure for abatement of hazardous or contaminated materials
including, but not limited to, petroleum products, the removal of lead, asbestos, or PCBs.
Pollution product and completed operations coverage shall also be covered.
Each occurrence $2,000,000
Policy Aggregate $4,000,000
1) Policy to include job site and transportation coverage.
2) Include additional insured for:
The City of Dubuque, including all its elected and appointed officials, all its
employees and volunteers, all its boards, commissions and/or authorities and
their board members, employees and volunteers. Use ISO form CG 2010.
(Ongoing operations) or its equivalent and CG2037(completed operations) or
its equivalent.
3) Include Preservation of Governmental Immunities Endorsement.
4) Provide evidence of coverage for 5 years after completion of project.
D) PROPERTY INSURANCE REQUIRED BY LEASE, LICENSE, OR PERMIT
Yes * No
Evidence of property coverage provided: _ Yes
Include the City of Dubuque as Lender Loss Payable.
E) RIGHT-OF-WAY WORK ONLY:
UMBRELLA/EXCESS $1,000,000
Yes * No
The General Liability, Automobile Liability and Workers Compensation insurance
requirements may be satisfied with a combination of primary and Umbrella or Excess
Liability Insurance. If the Umbrella or Excess Insurance policy does not follow the form of
the primary policies, it shall include the same endorsements as required of the primary
policies including Waiver of Subrogation AND Primary and Non-contributory in favor of
the City.
F) FLOOD INSURANCE
Yes * No
If Required Coverage
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Please be aware that naming the City of Dubuque as an additional insured as is required by this
Insurance Schedule may result in the waiver of the City's governmental immunities provided in Iowa Code
sec. 670.4. If you would like to preserve those immunities, please use this endorsement or an equivalent
form.
PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT
1. Nonwaiver of Governmental Immunity. The insurer expressly agrees and states that the purchase
of this policy and the including of the City of Dubuque, Iowa as an Additional Insured does not waive any
of the defenses of governmental immunity available to the City of Dubuque, Iowa under Code of Iowa
Section 670.4 as it is now exists and as it may be amended from time to time.
2. Claims Coverage. The insurer further agrees that this policy of insurance shall cover only those
claims not subject to the defense of governmental immunity under the Code of Iowa Section 670.4 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 insurer.
4. Non -Denial of Coverage. The insurer shall not deny coverage under this policy and the insurer
shall not deny any of the rights and benefits accruing to the City of Dubuque, Iowa under this policy for
reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of
the defense(s) of governmental immunity asserted by the City of Dubuque, Iowa.
No Other Change in Policy. The above preservation of governmental immunities shall not otherwise
change or alter the coverage available under the policy.
SPECIMEN
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