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Veterans' Park Communtiy Garden Partnership with Dubuque JayceesMasterpiece on the Mississippi Dubuque hitil AN- AmedcaCity 1111! m 2007 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Veterans' Park Community Garden Partnership with Dubuque Jaycees DATE: March 28, 2011 Sustainability Coordinator Cori Burbach and Leisure Services Manager Marie Ware recommend City Council approval of a one -year agreement with the Dubuque Jaycees to operate a community garden at Veterans' Memorial Park. I concur with the recommendation and respectfully request Mayor and City Council approval. MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Cori Burbach, Sustainability Coordinator Marie Ware, Leisure Services Manager Mich el C. Van Milligen Masterpiece on the Mississippi TO: Michael Van Milligen, City Manager FROM: Cori Burbach, Sustainability Coordinator Marie Ware, Leisure Services Director Dubuque kigtil All-Andrea City f 2007 SUBJECT: Veterans' Park Community Garden Partnership with Dubuque Jaycees DATE: March 28, 2011 INTRODUCTION The purpose of this memo is to request your approval of the attached one -year agreement with the Dubuque Jaycees to operate a community garden at Veterans' Memorial Park. BACKGROUND With increasing national interest in growing your own food and the Sustainable Dubuque Task Force identifying Healthy Local Foods as one of the 11 sustainability principles, local interest has grown in recent years for community gardens. Community gardens can exist in a variety of forms; some are open only to specific members, such as a church group, and others have plots available to the general public for an annual rental fee. There has been an increased public demand for the latter. Last winter, the City Leisure Services Department issued a community garden RFP, seeking a community partner that would be willing to manage a community garden on City property. The City made two plots of park land available and sought an organization that would handle the creation, marketing, and management of a community garden with plots available to the general public for a rental fee. No responses to that RFP were received. This year, the Dubuque Jaycees approached Leisure Services Director Marie Ware and myself about the possibility of starting a community garden at Veterans' Memorial Park, one of the locations identified in last year's RFP. DISCUSSION Along with Parks Division Manager Bob Fritsch, Local Foods Americorps Jenni Ostwinkle, we have met with Jaycees representatives Matt Vorwald and Sara Selchert Carpenter several times to discuss the details of an agreement in which the City would make available an open space west of the ball fields at Veterans' Memorial Park and the Jaycees would create, market and manage a community garden on the site. The agreement would be for a period of one year, with the option to renew on an annual basis. The Jaycees have proposed creating a series of both in- ground and raised beds that would be available for a small rental fee to the public. The rental fee would include an annual fee to cover the costs of maintenance of the space as well as a small deposit fee that would be charged to the renter but returned at the end of the growing season if the individual cleaned their space and returned it to its original status. Jaycees members would start with a limited number of plots, based on demand, and would hope to expand the number of plots available in the future. Attached please find a complete lease agreement defining the responsibilities of the City and Jaycees. The lease agreement has been reviewed and approved by City Attorney Barry Lindahl. Highlights of the agreement are as follows: • The agreement would be for a one -year time period, with the option for annual renewal. Leisure Services staff have indicated that a community garden is an acceptable long -term use of this space, and so permanent improvements would be acceptable on the site with appropriate approval. • The City would be responsible for providing the land to the Jaycees, providing water access to the gardens, mowing grass areas in the garden paths in 2011 only, and providing waste removal. Lawn maintenance and waste removal would occur on the schedule City staff currently provide to the park. Jaycees and garden tenants are responsible for getting trash into containers provided. City sustainability staff would assist Jaycees members in marketing the availability of the garden. Leisure Services has agreed to tractor till garden spaces. Leisure Services would assist the Jaycees in getting water from the ballfield area to the garden area for use at the gardens. Leisure Services will bring compost and additional dirt for the initial development of the garden in 2011 only. • Jaycees members would designate key contacts that would be available at all times to answer City or public questions or concerns about the garden. The Jaycees will be the day -to -day managers of the garden. They would be responsible for the construction of the gardens, and raising any funds needed for this construction. The Jaycees would be responsible for establishing rental rates based on information gathered from similar communities and the marketing and rental of garden plots. Jaycees would also hold an annual meeting for garden renters and coordinate with the City and other sponsors to provide additional educational opportunities. Members would be responsible for assuring that the garden space was cleaned and prepared for the coming season each fall. The Jaycees will line trim all mowed areas in the garden. • The Jaycees would be responsible for the design and construction of the garden, including the layout of garden plots and walkways and installation of fencing, storage, and compost areas. However, all plans would need to be approved in advance by the Leisure Services Manager. At this time, no City funds are available for garden investments, and the Jaycees would be responsible for funding any improvements to the site through donations or their own funds. • The Jaycees must meet all of the City's insurance and permit requirements. RECOMMENDATION We respectfully request your approval of the attached lease agreement with the Dubuque Jaycees to operate a community garden in Veterans' Memorial Park. Cc: Bob Fritsch, Park Division Manager Jenni Ostwinkle, Local Foods Americorps Matt Vorwald & Sara Selchert Carpenter, Dubuque Jaycees SECTION 1. DEMISE AND TERM. LEASE AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND THE DUBUQUE JAYCEES This Lease Agreement (the Lease), dated for reference purposes the day of 2011, is made and entered into by and between the City of Dubuque, Iowa, a municipal corporation (Lessor) and the Dubuque Jaycees (Lessee). 1.1. In consideration of the rents hereinafter reserved and the terms, covenants, conditions and agreements set forth in this Lease, Lessor hereby leases to Lessee the real property described in Exhibit A attached to and made a part of this Lease, together with any and all easements and appurtenances thereto and subject to any easements are restrictions of record (the Demised Premises), to have and to hold for a term commencing on the 5 day of April, 2011 and terminating at 11 :59 p.m. on the 15 day of November 2011 (the Term) subject to all of the terms, covenants, conditions and agreements contained herein. 1.2. Lessee's use of the Demised Premises shall be exclusively for the operation of a community garden. 1.3. Lessor makes no representations or warranties of any kind as to the condition, including the environmental condition, of the Demised Premises and Lessee accepts the Demised Premises as is. SECTION 2. RENT. Lessee shall pay Lessor rent for the Demised Premises of $1 upon execution of this Lease. SECTION 3. IMPROVEMENTS. 3.1. On delivery of possession of the Demised Premises to Lessee, Lessee shall be entitled to construct on the Demised Premises all improvements as agreed upon in writing by Lessor and Lessee (the 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 Demised Premises and all Improvements hereafter constructed on the Demised Premises are and shall be the property of Lessee during the term of this Lease and upon any termination of this Lease, by reason of any cause whatsoever, Lessee shall remove all such Improvements and restore the Demised Premises to the condition it was in immediately prior to the commencement of the term of this Lease and to the full satisfaction of Lessor unless Lessee agrees, with the prior consent of Lessor, to surrender to Lessor all such Improvements. 031711 bal 3.2. Lessee must fence, secure and sign the Demised Premises appropriately and as approved by Lessor to keep access to the Demised Premises only to gardeners authorized by Lessee to enter and use the Demised Premises. 3.3. Lessor will provide Lessee with water sources which must be locked by Lessee at all times when not in use by gardeners and only made available to gardeners authorized by Lessee to enter and use the Demised Premises. SECTION 4. 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 Demised Premises, or any Improvements placed by Lessee on the Demised Premises, as security for any indebtedness of Lessee. SECTION 5. REPAIRS AND MAINTENANCE. 5.1. Lessee shall at all times during the term of this Lease, at Lessee's own costs and expense, keep the Demised Premises and the Improvements thereon, in superior order, condition, and repair, casualties and ordinary wear and tear excepted. Lessee shall keep the Demised 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 Demised Premises to determine Lessee's compliance with this Section 5.1. 5.2. Lessee will be responsible for gathering all trash and placing it in bins approved and provided by Lessor. Lessor will be responsible for removal of trash from the Demised Premises. 5.3. Lessee will not allow any outdoor storage of equipment, vehicles, construction materials or any other personal property on the Demised Premises except in a storage building provided by Lessee and approved by Lessor for the storage. 5.4 Lessor will mow areas inside garden fence. Lessee will line trim areas inside garden fence. Lessor will not be responsible for damage to gardens from mowing. 5.5 Lessor will initially till individual garden spaces. SECTION 6. COMPLIANCE WITH LAW. During the term of this Lease, Lessee shall comply with all laws applicable to Lessee's use of the Demised Premises. SECTION 7. USE OF DEMISED PREMISES. 7.1. Lessee may not use or allow the Demised 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 may not suffer 2 any act to be done or any condition to exist within the Demised Premises or in any Improvement thereon, or permit any Section 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. Lessee will use and maintain the premises only for a community garden. 7.3. Lessee understands the proximity of the Demised Premises to the ballfields will likely result in errant balls from games, practices and /or warmups. Lessor will not be liable for damage to the gardens related to ballfield activities. Lessee shall obtain from all gardeners authorized by Lessee to enter and use the Demised Premises a release and waiver of all liability arising from the use of the Demised Premises, including any risk of ballfield activities. SECTION 8. INSURANCE. Lessee must at all times during the term of this Lease maintain insurance as set forth in the attached Insurance Schedule A. SECTION 9. INDEMNIFICATION. Indemnification of Lessor. Lessee agrees to defend, indemnify, and save harmless Lessor from and against all liabilities, obligations, claims, damages, penalties, causes of action, costs and expenses (including without limitation, reasonable attorneys' fees 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 Demised Premises during the Term of this Lease and resulting from any act or omission of Lessee or anyone claiming by, through, or under Lessee during the Term of the Lease; and (b) any failure on the part of Lessee to perform or comply with any of the terms of this Lease. In case any action, suit, or proceeding is brought against Lessor 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 10. CONDEMNATION. If at any time during the term of this Lease all or substantially all of the Demised Premises or the improvements thereon shall be taken in the exercise of the power of eminent domain by the State of Iowa or the United States, then this Lease shall terminate on the date of vesting of title in such taking and any prepaid rent shall be apportioned as of said date. SECTION 11. ASSIGNMENT AND SUBLETTING. Lessee shall not assign or transfer this Lease or sublease the whole or any part of the Demised Premises. SECTION 12. DEFAULT. If Lessee shall fail or neglect to observe, keep, or perform any of the covenants, terms, or conditions contained in this Lease on its part to be observed, kept, or perforated, and the default shall continue for a period of five(5) days after written notice from Lessor setting forth the nature of Lessee's default, then and in any such event, Lessor shall have the right at its option, on written notice to Lessee, to terminate this Lease, and all rights of Lessee under this Lease shall then cease. Lessor, 3 without further notice to Lessee, shall have the right immediately to enter and take possession of the Demised Premises with or without process of law and to remove all personal property from the Demised Premises and all persons occupying the Demised Premises and to use all necessary force therefore and in all respects to take the actual, full, and exclusive possession of the Demised Premises and every part of the Demised Premises as of Lessor's original estate, without incurring any liability to Lessee or to any persons occupying or using the Demised Premises for any damage caused or sustained by reason of such entry on the Demised Premises or the removal of persons or property from the Demised Premises. SECTION 13. QUIET ENJOYMENT. Lessor covenants that at all times during the Term of this Lease, so long as Lessee is not in default hereunder, Lessee's quiet enjoyment of the Demised Premises or any part thereof shall not be disturbed by any act of Lessor, or of anyone acting by, through, or under Lessor. SECTION 14. 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 any portion thereof, by Lessor, operate as a waiver of the rights of Lessor to enforce the payment of any other rent then or thereafter in default, or to terminate this Lease, or to recover the Demised Premises, or to invoke any other appropriate remedy which Lessor may select as herein or by law provided. SECTION 15. SURRENDER. Lessee shall, on the last day of the term of this Lease surrender and deliver up the Demised Premises, into the possession and use of Lessor, without fraud or delay and in good order, condition, repair, free and clear of all lettings and occupancies, free and clear of all liens and encumbrances. SECTION 16. NOTICES. All notices, demands, or other writings in this Lease provided to be given or made or sent, or that may be given or made or sent, by either party to the other, shall be deemed to have been fully given or made or sent when made in writing and deposited in the United States mail, registered and postage prepaid, and addressed as follows: 031711ba1 TO LESSOR: TO LESSEE: City of Dubuque, Iowa c/o City Manager City Hall 50 W. 13th St. Dubuque, IA 52001 The Dubuque Jaycees Inc. c/o Dustin Baker c/o Amanda Bickal P.O. Box 63 Dubuque, IA 52004 -0063 The address to which any notice, demand, or other writing may be given or made or sent to any party as above provided may be changed by written notice given by the party as above provided. SECTION 17. MISCELLANEOUS. 17.1. Governing Law. It is agreed that this Lease shall be governed by, construed, and enforced in accordance with the laws of the State of Iowa. 17.2. Paragraph Headings. The titles to the paragraphs of this Lease 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. 17.3. Modification of Agreement. Any modification of this Lease or additional obligation assumed by either party in connection with this Lease shall be binding only if evidenced in writing signed by each party or an authorized representative of each party. 17.4. Parties Bound. This Lease 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 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. Attest: B Attest: B 5 LESSOR: CITY OF DUBUQUE, IOWA By: Michael C. Van Milligen, City Manager LESSEE: THE DUBUQUE JAYCEES INC. Dustin Baker Amanda Bickal v 'Notice - Them nape are eornpNsd for assessment and tax information osmoses from (Adel county records. All map information shown is ftr the forgoing purpose and does not represent a survey of land. 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 Certificates of Insurance required hereunder shall provide a thirty (30) day notice of cancellation to the City of Dubuque, except for a ten (10) day notice for non- payment, if cancellation is prior to the expiration date. 3. 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. 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 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. 1 of 2 January 2008 9 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 ❑ Govemmental Immunities Endorsement 2 of 2 January 2008 10 ACORD CERTIFICATE OF LIABILITY INSURANCE DATEiMM /DD/YYYY) 12/7/2007 , PRODUCER (563) -4567 Insurance Agency Street Address City ST FAX (563) 987 -6543 Zip Code THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED Company Street City St Zip Code INSURER A: Insurance Company INSURER B' S 1,000,000 INSURER C $ 50,000 INSURER D: � ( CLAIMS MADE t I OCCUR INSURER E. $ 5,000 I nt ruuata ur IVSUNANCt LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR ADO L INSRD TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YY) POLICY EXPIRATION DATE (MM/DD/YY) LIMITS A X GENERAL X UABIUTY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 DAMAGE TORENTED PREMISES (Ea occurrence) $ 50,000 � ( CLAIMS MADE t I OCCUR MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GENT 7 GENERAL AGGREGATE $ 2,000,000 AGGREGATE LIMIT APPLIES PER POLICY 17[) JEC F7 LOC PRODUCTS - COMP/OP AGG $ 1,000,000 A AUTOMOBILE X LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) S BODILY INJURY (Per accident) S PROPERTY DAMAGE (Per accident) S GARAGE — LIABILITY ANY AUTO AUTO ONLY • EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGG S EXCESS/UMBRELLA 7 LIABILITY OCCUR CLAIMS MADE DEDUCTIBLE RETENTION S 0 EACH OCCURRENCE $ AGGREGATE S - _ S S S A WORKERS describe SOM�P COMPENSATION AND ANY PROPRIETOR/PARTNER/EXECUTIVE TPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below e MUM 77�� X i TORY LMIRS 1 I ER E.L. EACH ACCIDENT S 100, 000 E.L. DISEASE - EA EMPLOYEES 100,000 E.L. DISEASE - POLICY LIMIT S 500,000 OTHER DESCRIPTION City 0704 non immunities OF OPERATIONS /L0CATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS of Dubuque is listed as an additional insured on general liability policies using ISO endorsement form CG 2026 "Additional Insured- Designated Person or Organization" or its equivalent. General Liability policy is primary & - contributing. Form CG 2504 0397 "Designated Locations" general liability aggregate limit is included. Governmental endorsement is included. CERTIFICATE HOLDER City of Dubuque 50 West 13th Street Dubuque, IA 52001 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD 25 (2001/08) INS025 (0108).06 AMS 11 CANCELLATION VMP Mortgage Solutgns, Inc (800)327-0545 e ACORD CORPORATION 1988 Page 1 012 ACORD 25 (2001/08) INS025(omoe). AMS IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER 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 alter the coverage afforded by the policies listed thereon. S s Page 2 oft POLICY NUMBER: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED LOCATION(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE COMMERCIAL GENERAL LIABILITY CG 25 04 03 97 Designated Location(s): (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. For all sums which the insured becomes legally obligated to pay as damages caused by "occur- rences" under COVERAGE A (SECTION I), and for all medical expenses caused by accidents under COVERAGE C (SECTION 1), which can be attributed only to operations at a single desig- nated "location" shown in the Schedule 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- ages because of "bodily injury" or "property damage" included in the "products- completed operations hazard ", and for medical expenses under COVERAGE C regardless of the num- ber of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits ". 3. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the Designated Loca- tion General Aggregate Limit for that desig- nated "location ". Such payments shall not re- duce the General Aggregate Limit shown in CG 25 04 03 97 13 the Declarations nor shall they reduce any other Designated Location General Aggre- gate Limit for any other designated "location" shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Ex- pense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Location General Aggregate Limit. B. For all sums which the insured becomes legally obligated to pay as damages caused by "occur- rences" under COVERAGE A (SECTION 1), and for all medical expenses caused by accidents under COVERAGE C (SECTION I), which can- not be attributed only to operations at a single designated "location" shown in the Schedule above: 1. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products - Completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Desig- nated Location General Aggregate Limit. Page 1 of 2 CG 25 04 03 97 C. When coverage for liability arising out of the "products- completed operations hazard" is pro- vided, any payments for damages because of "bodily injury" or "property damage" included in the "products - completed operations hazard" will reduce the Products - Completed Operations Ag- gregate Limit, and not reduce the General Ag- gregate Limit nor the Designated Location Gen- eral Aggregate Limit. D. For the purposes of this endorsement, the Defi- nitions Section is amended by the addition of the following definition: Page 2 of 2 Copyright, Insurance Services Office, Inc., 1996 14 "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right -of -way of a railroad. E. The provisions of Limits Of Insurance (SECTION III) not otherwise modified by this endorsement shall continue to apply as stipulated. CG 25 04 03 97 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 20 26 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE 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 complete this Schedule, if not shown above, will be shown in the Declarations. Section I1 — Who Is An Insured is amended to in- clude as an additional insured the person(s) or or- ganization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property dam- age" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions 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 All terms and conditions of this policy apply unless modified by this endorsement. Includes copyrighted material of Insurance Services Office, Inc. with permission. Page 1 of 1 © ISO Properties, Inc., 2004 15 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 1 of 1 January 2008 16