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Lease Hoffman Schneider Fun Hom D~~@UE ~c/k.~ MEMORANDUM co "',. ;g April 26, 2004 "" -'~ 2'; TO: The Honorable Mayor and City Council Members >6"' CD en , ' 9 .r- FROM: Michael C. Van Milligen, City Manager SUBJECT: Lease Agreement with Hoffmann Schneider Funeral Home Jim Schneider contacted City staff to discuss the possibility of expanding the driveway south of the Hoffmann Schneider Funeral Home to allow for expanding parking for the business. With most of the on-street parking taken by people that live and work in the area, they are having trouble providing enough parking when they have wakes and funerals. In working with Mr. Schneider on what he needed and what City staff felt would have a limited impact on Jackson Park, it was agreed that if Hoffmann Schneider Funeral Home went twenty-two feet into the park, and the length of its property, it would be acceptable. This will provide thirty additional parking spaces for the home. The lease provides the need for expanded parking, but protects the City's long-term interest in Jackson Park. The lease payment is $800 per year. The spaces may be used by the public when no funeral or wake is scheduled. Leisure Services Manager Gil Spence recommends entering into a lease agreement with Hoffmann Schneider Funeral Home for a section of Jackson Park. I concur with the recommendation and respectfully request Mayor and City Council approval. (ItJJ ~ fJz1h Micnael C. Van Milligen ~ MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Gil D. Spence, Leisure Services Manager CITY OF DUBUQUE, IOWA MEMORANDUM April 22, 2004 TO: Michael C. Van Milligen, City Manager FROM: Gil D. Spence, Leisure Services Managet SUBJECT: Lease Agreement with Hoffmann Schneider Funeral Home INTRODUCTION The purpose of this memorandum is to request that the City Council approve a lease agreement with Hoffmann Schneider Funeral Home for a section of Jackson Park. DISCUSSION Jim Schneider contacted me to discuss the possibility of expanding the driveway south of the Hoffmann Schneider Funeral Home to allow for expanding parking for the business. With most of the on-street parking taken by people that live and work in the area, they are having trouble providing enough parking when they have wakes and funerals. Mr. Schneider first asked to purchase a section of Jackson Park to expand parking on the south side of the home. In working with Mr. Schneider on what he needed and what we felt would have a limited impact on Jackson Park, we agreed that if he went twenty- two feet into the park, the length of his property, it would be acceptable. This will provide thirty additional parking spaces for the home. The public may use the spaces when no funeral or wake is scheduled. I was opposed to the sale of this section of the park because I wanted the property back if the building ever stops functioning as a funeral home. It also seemed easier and less costly for Mr. Schneider to simply lease the property, so we agreed to the attached lease, The lease provides the need for expanded parking, protects the City's long-term interest in Jackson Park, and is less expensive in the long run for Mr. Schneider. Construction of the parking will require relocation of a piece of the park sidewalk and removal of one light fixture, Mr. Schneider will do this at his cost. ACTION STEP The action requested is that the City Council approve the attached lease agreement with Hoffmann Schneider Funeral Home for a section of Jackson Park. GDS:et attachment LEASE AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND HOFFMANN SCHNEIDER FUNERAL HOME THIS AGREEMENT, made and entered into this 3rd day of May, 2004, by and between the City of Dubuque (City), whose addrèss, for the purpose of this Lease, is 50 W. 13th Street, Dubuque, lA, 52001 and Hoffmann Schneider Funeral Home, whose address for the purpose of this Lease is 1640 Main Street, Dubuque, lA, 52001. The parties agree as follows: 1. PREMISES AND TERM. City leases to Hoffmann Schneider Funeral Home the following real estate, situated in Dubuque County, Iowa: A 22' x 128' section of Jackson Park, adjacent to Hoffmann Schneider Funeral Home together with all improvements thereon, and all rights, easements and appurtenances thereto belonging, for a term beginning on the 1st day of May, 2004, and ending on the 30th day of April, 2014, with two ten-year extensions, if both parties agree. 2. RENT. Hoffmann Schneider Funeral Home agrees to pay City as rent $800.00 per year for the term of the Lease beginning on May 1, 2004. 3. POSSESSION. Hoffmann Schneider Funeral Home shall be entitled to possession on the first day of the Lease term, or such earlier date as the parties may agree, and shall yield possession to City at the termination of this Lease. 4. USE. Hoffmann Schneider Funeral Home shall use and maintain the premises only for expansion of parking for the funeral home. Hoffmann Schneider Funeral Home agrees that parking spaces on this leased area may be used for public parking, when there is not wake or funeral services scheduled. No vehicle may be parked in this area for longer than a 24-hour period. 5. CARE AND MAINTENANCE. (a) Hoffmann Schneider Funeral Home takes the premises as is. (b) Hoffmann Schneider Funeral Home shall maintain the premises in a reasonable safe, clean and presentable condition, including the screening around the parking lot. Hoffmann Schneider Funeral Home shall not erect any structure of any kind on the premises without the prior written consent of City. 6. UTILITIES AND SERVICES. Hoffmann Schneider Funeral Home shall pay for all utilities and services which may be used on the premises. 7. SURRENDER. Upon the termination of this Lease, Hoffmann Schneider Funeral Home will surrender the premises to City in good and clean condition. If the building stops serving as a funeral home, this lease is terminated. 8. ASSIGNMENT AND SUBLETTING. Hoffmann Schneider Funeral Home shall not assign, sublet or otherwise transfer the premises or any part thereof, and any attempted assignment, subletting or transfer shall work an automatic forfeiture and termination of this Lease. 9. INSURANCE. Hoffmann Schneider Funeral Home shall obtain general liability insurance as set forth in the City's Insurance Schedule for Lessee's of City Property as such schedule may from time to time be amended. A copy of the current schedule is attached here to. 10. INDEMNITY. Hoffmann Schneider Funeral Home will protect, defend, and indemnify City from and against any and all loss, costs, damage and expenses occasioned by, or arising out of, any accident or other occurrence causing or inflicting injury or damage to any person or property, happening or done in, upon or about the premises, or due directly or indirectly to the tenancy, use or occupancy thereof, or any part thereof by Hoffmann Schneider Funeral Home or any person claiming through or under Hoffmann Schneider Funeral Home. 11. MECHANICS' LIENS. Neither Hoffmann Schneider Funeral Home, nor anyone claiming by, through, or under Hoffmann Schneider Funeral Home, shall have the right to file any mechanic's lien against the premises. 12. DEFAULT, NOTICE OF DEFAULT AND REMEDIES. A. The, following shall constitute an event of default by Hoffmann Schneider Funeral Home: Failure to observe or perform any duties, obligations, agreements, or conditions imposed on Hoffmann Schneider Funeral Home pursuant to the terms of the Lease. B. City shall give Hoffmann Schneider Funeral Home a written notice specifying the default and giving Hoffmann Schneider Funeral Home ten (10) days in which to correct the default. If there is a default that cannot be remedied in ten (10) days by diligent efforts of Hoffmann Schneider Funeral Home, Hoffmann Schneider Funeral Home shall propose an additional period of time in which to remedy the default. Consent to additional time shall not be unreasonably withheld by City. City shall not be required to give Hoffmann Schneider Funeral Home any more than three notices for the same default within any 365 day period. C. In the event Hoffmann Schneider Funeral Home has not remedied a default in a timely manner following a Notice of Default, City may declare this Lease to be terminated and shall give Hoffmann Schneider Funeral Home a written notice of such termination. In the event of termination of this Lease, City shall be entitled to prove claim for and obtain judgment against Hoffmann Schneider Funeral Home for the reasonable expenses of the City in regaining possession of the premises, including attorney's fees and court costs. D. In the event of termination of this Lease, Hoffmann Schneider Funeral Horne shall be entitled to a pro rata abatement of rent. 13. NOTICES AND DEMANDS. All notices shall be given to the parties hereto at the addresses designated unless either party notifies the other, in writing, of a different address. Without prejudice to any other method of notifying a party in writing or making a demand or other communication, such 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. 14. 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. CITYOF DUBUQUE, IOWA By Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk James Schneider STATE OF IOWA DUBUQUE COUNTY : ss: On this day of , 2004, before me, a Notary Public in and for the State of Iowa, in and for said county, personally appeared James Schneider for Hoffmann Schneider Funeral Home, to me personally known, who acknowledged the execution of this instrurrent to be his voluntary act and deed. Notary Public, State of Iowa STATE OF IOWA : ss: DUBUQUE COUNTY On this - day of ,2004, , before me, a Notary Public in and for the State of Iowa, in and for said county, personally appeared Terrance M. Duggan 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 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 of better in the current AM. 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 if cancellation is prior to the expiration date. This endorsement supersedes the standard cancellation statement on the Certificate of Insurance. 3. Hoffmann Schneider Funeral Home shall furnish a 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) Thirty day notice of cancellation to the City of Dubuque. b) Commercial General Liability policy is primary and non-contributing. c) Commercial General Liability additional insured endorsement. d) Governmental Immunity Endorsements. e) Waiver of recovery under workers compensation. 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. Hoffmann Schneider Funeral Home 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 Products-Completed Operations Aggregate Limit Personal and Advertising Injury Limit Each Occurrence Limit Fire Damage Limit (anyone occurrence) Medical Payments $2,000,000 $1,000,000 $1,000,000 $1,000,000 $ 50,000 $ 5,000 This coverage shall be written on an occurrence, not claims made, form per location. All deviations or exclusions from the standard ISO commercial general liability form CG 0001 or Business owners form BP 0002 shall be clearly identified. Governmental Immunity Endorsement identical or equivalent to form attached. An additional insured endorsement identical or equivalent to ISO Form CG 2026 or CG 2011 and include as additional insureds: "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." POLICY NUMBER COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insu,ance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person Or Organization: The City of Dubuque, including all its elected and appointed officials, all its employees and volunteers, all its boards, commissions and/or authorities and their board members, employees, and volunteers. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule as an insured but only with respect to liability arising out of your operations or premises owned by or rented to you. Coovrioht. Insurance Services Office. Ine, 1994 CG 20 2611 85 CITY OF DUBUQUE, IOWA GOVERNMENTAL IMMUNITIES ENDORSEMENT 1. Nonwaiver of Governrnentallmmunitv. 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 Coveraqe. 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 Immunitv. 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 Coveraqe. 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 Chanqe in Policv. The above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy. D~ ~c/k.~ if3S ( !5/3/aC( MEMORANDUM April 12,2004 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Lease Agreement with Hoffmann Schneider Funeral Home Jim Schneider contacted City staff to discuss the possibility of expanding the driveway south of the Hoffmann Schneider Funeral Home to allow for expanding parking for the business. With most of the on-street parking'taken by people that live and work in the area, they are having trouble providing enough parking when they have wakes and funerals. In working with Mr. Schneider on what he needed and what City staff felt would have a limited impact on Jackson Park, it was agreed that if Hoffmann Schneider Funeral Home went twenty-two feet into the park, and the length of its property, it would be acceptable. This will provide thirty additional parking spaces for the home. The lease provides the need for expanded parking, but protects the City's long-term interest in Jackson Park. The lease payment is $800 per year. The spaces may be used by the public when no funeral or wake is scheduled. Leisure Services Manager Gil Spence recommends setting a public hearing for May 3, 2004 to consider entering into a lease agreement with Hoffmann Schneider Funeral Home for a section of Jackson Park. I concur with the recommendation and respectfully request Mayor and City Council approval. fYk¡J¡ ~ ¡tzi Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Gil D. Spence, Leisure Services Manager CITY OF DUBUQUE, IOWA MEMORANDUM April 12,2004 TO: Michael C. Van Milligen, City Manager FROM: Gil D. Spence, Leisure Services Manager SUBJECT: Lease Agreement with Hoffmann Schneider Funeral Home INTRODUCTION The purpose of this memorandum is to request that the City Council schedule a public hearing on May 3, 2004 to consider entering into a lease agreement with Hoffmann Schneider Funeral Home for a section of Jackson Park. DISCUSSION Jim Schneider contacted me to discuss the possibility of expanding the driveway south of the Hoffmann Schneider Funeral Home to allow for expanding parking for the business. With most of the on-street parking taken by people that live and work in the area, they are having trouble providing enough parking when they have wakes and funerals. Mr. Schneider first asked to purchase a section of Jackson Park to expand parking on the south side of the home. In working with Mr. Schneider on what he needed and what we felt would have a limited impact on Jackson Park, we agreed that if he went twenty- two feet into the park, the length of his property, it would be acceptable. This will provide thirty additional parking spaces for the home. I was opposed to the sale of this section of the park because I wanted the property back if the building ever stops functioning as a funeral home. It also seemed easier and less costly for Mr. Schneider to simply lease the property, so we agreed to the attached lease. The lease provides the need for expanded parking, protects the City's long-term interest in Jackson Park, and is less expensive in the long run for Mr. Schneider. Construction of the parking will require relocation of a piece of the park sidewalk and removal of one light fixture. Mr. Schneider will do this at his cost. ACTION STEP The action requested is that the City Council set a public hearing for May 3, 2004 to consider entering into a lease agreement with Hoffmann Schneider Funeral Home for a section of Jackson Park. GDS:et attachment LEASE AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND HOFFMANN SCHNEIDER FUNERAL HOME THIS AGREEMENT, made and entered into this 3rd day of May, 2004, by and between the City of Dubuque (City), whose address, for the purpose of this Lease, is 50 W. 13th Street, Dubuque, lA, 52001 and Hoffmann Schneider Funeral Home, whose address for the purpose of this Lease is 1640 Main Street, Dubuque, lA, 52001. The parties agree as follows: 1. PREMISES AND TERM. City leases to Hoffmann Schneider Funeral Home the following real estate, situated in Dubuque County, Iowa: A 22' x 128' section of Jackson Park, adjacent to Hoffmann Schneider Funeral Home together with all improvements thereon, and all rights, easements and appurtenances thereto belonging, for a term beginning on the 1st day of May, 2004, and ending on the 30th day of April, 2014, with two ten-year extensions, if both parties agree. 2. RENT. Hoffmann Schneider Funeral Home agrees to pay City as rent $800.00 per year for the term of the Lease beginning on May 1, 2004. 3. POSSESSION. Hoffmann Schneider Funeral Home shall be entitled to possession on the first day of the Lease term, or such earlier date as the parties may agree, and shall yield possession to City at the termination of this Lease. 4. USE. Hoffmann Schneider Funeral Home shall use and maintain the premises only for expansion of parking for the funeral home. Hoffmann Schneider Funeral Home agrees that parking spaces on this leased area may be used for public parking, when there is not wake or funeral services scheduled. . No vehicle may be parked in this area for longer than a 24-hour period. 5. CARE AND MAINTENANCE. (a) Hoffmann Schneider Funeral Home takes the premises as is. (b) Hoffmann Schneider Funeral Home shall maintain the premises in a reasonable safe, clean and presentable condition, including the screening around the parking lot. Hoffmann Schneider Funeral Home shall not erect any structure of any kind on the premises without the prior written consent of City. 6. UTILITIES AND SERVICES. Hoffmann Schneider Funeral Home shall pay for all utilities and services which may be used on the premises. 7. SURRENDER. Upon the termination of this Lease, Hoffmann Schneider Funeral Home will surrender the premises to City in good and clean condition. If the building stops serving as a funeral home, this lease is terminated. ~ 8. ASSIGNMENT AND SUBLETTING. Hoffmann Schneider Funeral Home shall not assign, sublet or otherwise transfer the premises or any part thereof, and any attempted assignment, subletting or transfer shall work an automatic forfeiture and termination of this Lease. 9. INSURANCE. Hoffmann Schneider Funeral Home shall obtain general liability insurance as set forth in the City's Insurance Schedule for Lessee's of City Property as such schedule may from time to time be amended. A copy of the current schedule is attached here to. 10. INDEMNITY. Hoffmann Schneider Funeral Home will protect, defend, and indemnify City from and against any and all loss, costs, damage and expenses occasioned by, or arising out of, any accident or other occurrence causing or inflicting injury or damage to any person or property, happening or done in, upon or about the premises, or due directly or indirectly to the tenancy, use or occupancy thereof, or any part thereof by Hoffmann Schneider Funeral Home or any person claiming through or under Hoffmann Schneider Funeral Home. 11. MECHANICS' LIENS. Neither Hoffmann Schneider Funeral Home, nor anyone claiming by, through, or under Hoffmann Schneider Funeral Home, shall have the right to file any mechanic's lien against the premises. 12. DEFAULT, NOTICE OF DEFAULT AND REMEDIES. A The following shall constitute an event of default by Hoffmann Schneider Funeral Home: Failure to observe or perform any duties, obligations, agreements, or conditions imposed on Hoffmann Schneider Funeral Home pursuant to the terms of the Lease. B. City shall give Hoffmann Schneider Funeral Home a written notice specifying the default and giving Hoffmann Schneider Funeral Home ten (10) days in which to correct the default. If there is a default that cannot be remedied in ten (10) days by diligent efforts of Hoffmann Schneider Funeral Home, Hoffmann Schneider Funeral Home shall propose an. additional period of time in which to remedy the default. Consent to additional time shall not be unreasonably withheld by City. City shall not be required to give Hoffmann Schneider Funeral Home any more than three notices for the same default within any 365 day period. C. In the event Hoffmann Schneider Funeral Home has not remedied a default in a timely manner following a Notice of Default, City may declare this Lease to be terminated and shall give Hoffmann Schneider Funeral Home a written notice of such termination. In the event of termination of this Lease, City shall be entitled to prove claim for and obtain judgment against Hoffmann Schneider Funeral ~Home for the reasonable expenses of the City in regaining possession of the premises, including attorney's fees and court costs. D. In the event of termination of this Lease, Hoffmann Schneider Funeral Home shall be entitled to a pro rata abatement of rent. 13. NOTICES AND DEMANDS. All notices shall be given to the parties hereto at the addresses designated unless either party notifies the other, in writing, of a different address. Without prejudice to any other method of notifying a party in writing or making a demand or other communication, such 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. 14. 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. CITYOF DUBUQUE, IOWA By Terrance IVI. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk STATE OF IOWA : ss: DUBUQUE COUNTY On this 4?1 day of 1/)1;& f/. 2004, before me, a Notary Public in and for the State of Iowa, in and for said county, personally appeared James Schneider for Hoffmann Schneider Funeral Home, to me personally known, who acknowledged the execution of this instrument to be his voluntary act and deed. STATE OF IOWA : ss: DUBUQUE COUNTY / On this ~ day of ,2004, , before me, a Notary Public in and for the State of Iowa, in and for said county, personally appeared Terrance M. Duggan 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 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 of better in the current AM. 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 if cancellation is prior to the expiration date. This endorsement supersedes the standard cancellation statement on the Certificate of Insurance. 3. Hoffmann Schneider Funeral Home shall fumish a 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) Thirty day notice of cancellation to the City of Dubuque. b) Commercial General Liability policy is primary and non-contributing. c) Commercial General Liability additional insured endorsement. d) Govemmentallmmunity Endorsements. e) Waiver of recovery under workers compensation. 4. Eacb 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 obtaiJ'1 or maintain the required insurance shall be considered a material breach of this agreement. 6. Hoffmann Schneider Funeral Home 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 Products-Completed Operations Aggregate Limit Personal and Advertising Injury Limit Each Occurrence Limit Fire Damage Limit (anyone occurrence) Medical Payments $2,000,000 $1,000,000 $1,000,000 $1,000,000 $ 50,000 $ 5,000 This coverage shall be written on an occurrence, not claims made, form per location. All deviations or exclusions from the standard ISO commercial general liability form CG 0001 or Business owners form BP 0002 shall be clearly identified. Govemmentallmmunity Endorsement identical or equivalent to form attached. An additional insured endorsement identical or equivalent to ISO Form CG 2026 or CG 2011 and include as additional insureds: "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." POLICY NUMBER COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insuranee provided under the following: COMMERCIAL GENERAL liABILITY COVERAGE PART SCHEDULE Name of Person Or Organization: The City of Dubuque, including all its elected and appointed officials, all its employees and voiunteers, all its boards, commissions and/or authorities and their board members, employees, and volunteers. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule as an insured but only with respect to liability arising out of your operations or premises owned by or rented to you. CoDvrioht. Insurance Serviees Offiee, Ine. 1994 CG20261185 CITY OF DUBUQUE, IOWA GOVERNMENTAL IMMUNITIES ENDORSEMENT 1. Nonwaiver of Governmentallmmunitv. 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 Coveraqe. 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 Coveraqe. 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 Chanqe in Policv. The above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy.