Signed Contracts_Lease Agreement with Spahn and Rose Lumber Co.Prepared by: Barry A. Lindahl, Esq. 330 Main Street, Suite 300 Dubuque IA 52001 563 583 -4113
This Lease Agreement (the Lease), dated for reference purposes this ? ` day
of -111, , 2011, is made and entered into by and between the City of
Dubuque, owa, an Iowa municipal corporation (Lessor), Spahn & Rose Lumber
Company (Lessee).
SECTION 1. DEMISE AND TERM.
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 known as 925 Kerper Boulevard, Dubuque, IA 52001 which is comprised
of approximately 15,000 sq. ft. of warehouse space as shown on Exhibit A, with access
thereto as shown on 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 and
restrictions of record (the Demised Premises), to have and to hold for an initial term
commencing as of the 1 day of July, 2011 and ending at midnight on the 30 day of
June, 2014 (the Initial Term), subject to all of the terms, covenants, conditions and
agreements contained herein. Tenant shall have the right to terminate the Lease any
time after July 1, 2013 by giving the Landlord not less than thirty (30) days written
notice.
SECTION 2. RENT, TAXES, AND OTHER PAYMENTS. Lessee shall pay Lessor, in
addition to taxes, fees (including but not limited to storm water fees), rates, charges,
levies, assessments, and all other charges required to be paid under this Lease by
Lessee, rent in advance as follows commencing on the 1 day of July, 2011, and on the
first day of each month thereafter during the Initial Term:
Lessee shall also pay all utility charges for utilities serving the Demised Premises.
SECTION 3. TITLE TO IMPROVEMENTS AND TRADE FIXTURES
3.1. Trade Fixtures. For the purposes of this Lease, "Trade Fixtures" shall mean the
following personal property located on the Demised Premises used in Lessee's
business: Industrial Racking
070711bal
LEASE AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA,
AND
SPAHN AND ROSE LUMBER COMPANY
Period Annual Rent Monthly Rent
July 1, 2011 to June 30, 2012 $15,750.00 $1,312.50
July 1, 2012 to June 30, 2013 $31,500.00 $2,625.00
July 1, 2013 to June 30, 2014 $31,500.00 $2,625.00
Title to Lessee's trade fixtures (the Trade Fixtures) is and shall be the sole and
exclusive property of Lessee during the term of this Lease and shall remain the sole and
exclusive property of Lessee after the expiration or termination of this Lease, for
whatever reason. Lessor acknowledges and understands that it shall have no right, title
or interest in or to Lessee's Trade Fixtures either during the term of this Lease, or
thereafter (except as hereinafter provided). Lessor acknowledges and agrees that
Lessee shall have the right to encumber, sell, or hypothecate Lessee's Trade Fixtures,
to remove them from the Demised Premises, or to otherwise deal with all or any portion
of such Lessee's Trade Fixtures, at Lessee's sole discretion. Upon ten (10) days' prior
written notice to Lessor, Lessor shall execute and deliver to Lessee a certificate in
recordable form prepared by Lessee stating that Lessor has no interest or right in or to
Lessee's Trade Fixtures, as well as any other or further document which Lessee may
reasonably request from Lessor.
3.2. Improvements. Improvements on the Demised Premises as of the
commencement date of this Lease are the Building.
On delivery of possession of the Demised Premises to Lessee, Lessee shall not
construct any improvements on the Demised Premises.
SECTION 4. GATES. Lessor will keep the gates to the Demised Premises locked at
all times and will provide Lessee with a key to the gates.
SECTION 5. TAXES.
5.1. Lessee agrees to pay as additional rent the real estate taxes upon the real estate
of the Leased Premises that become payable during the Term hereof and also real
estate taxes for Lessee's occupancy that become payable after the termination of this
Lease. Lessee shall further provide to Lessor official receipts of the appropriate taxing
authority or other evidence satisfactory to Lessor evidencing payment thereof. Lessor
agrees that its City Manager will recommend to the City Council in a Development
Agreement upon terms acceptable to Lessor that to the extent permitted by law, Lessor
will rebate Lessee's tax payments under this Section 5.1 as tax increment financing
rebates.
5.2. During the term of this Lease, Lessee further agrees to reimburse Lessor all
other taxes, fees (including but not limited to storm water fees), rates, charges, levies
and assessments, general and special, of every name, nature and kind, whether now
known to the law or hereafter created which may be taxed, charged, assessed, levied or
imposed upon said real estate and which become payable during the term hereof and
which would become delinquent if not so paid during the term hereof, any buildings or
improvements thereon which may be taxed, charged, assessed, levied or imposed upon
the leasehold estate hereby created and upon the reversionary estate in said real estate
during the term hereof and which become payable during the term hereof and which
would become delinquent if not so paid during the term hereof, and all such other taxes,
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fees, rates, charges, levies and assessments shall be paid by Lessee as they become
due and before they become delinquent during the term hereof. The foregoing
notwithstanding, Lessee shall only be responsible for the payment of any assessments,
general or specific, so long as such assessments are calculated over the longest period
permitted by law, in which case Lessee shall be responsible for paying those payments
falling due within the Term of the Lease.
5.3. Lessee agrees to timely pay all taxes, fees, assessments or other public charges
levied or assessed by lawful authority (but reasonably preserving Lessee's rights of
appeal) against its personal property on the premises, during the term of this Lease.
5.4. Nothing herein shall require Lessee to pay any of Lessor's income taxes,
surtaxes, excess profit taxes or any taxes on the rents reserved to Lessor hereunder.
5.5. Lessee shall at all times have the right to contest in good faith, in any proper
proceedings, in the name of Lessor if necessary, the payment or satisfaction of any
such taxes, fees, assessments, rates, charges or levies so agreed to be paid by
Lessee, if the validity thereof, or the right to assess or levy the same against or collect
the same from said Demised Premises or Improvements, shall be disputed. Upon the
conclusion of any such suit or proceedings, or not less than three (3) months prior to the
date when the right to redeem therefrom expires, whichever will be the earlier, Lessee
shall promptly pay and satisfy such disputed tax, fee, assessment or other charge as
finally determined, together with all expenses, costs and attorneys' fees whatsoever
incurred in connection therewith.
SECTION 6. REPAIRS.
6.1. Lessee shall at all times during the term of this Lease, keep the Demised
Premises and the Improvements thereon, and all sidewalks, curbs, and all
appurtenances to the Demised Premises, in good order, condition and repair, casualties
and ordinary wear and tear excepted and to a condition satisfactory to Lessor. 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. Notwithstanding the foregoing, Tenant's responsibility for the costs
and expenses for normal maintenance, repairs and replacements shall be limited to
$1,000 per occurrence. Upon reasonable notice to Lessee, Lessor may, at its discretion
and at its cost, conduct an annual inspection of the Demised Premises to determine
Lessee's compliance with this Section 6.
6.2. Lessor shall have no obligation to Lessee for any maintenance, repair or
replacement expense on the Demised Premises which are less than $1,000 per
occurrence.
6.3. Notwithstanding the foregoing, Lessee shall have no obligation for any
maintenance, repair or replacement expense for the roof on the building on the
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Demised Premises.
SECTION 7. COMPLIANCE WITH LAW.
7.1. During the term of this Lease, Lessee shall comply with all local, state and
federal laws applicable to Lessee's use of the Demised Premises, including but not
limited to the Americans with Disabilities Act and the Smoke Free Air Act.
7.2. Lessee shall not commit waste on the Demised Premises except as necessary
for its business purposes including the removal or construction of any buildings and
Improvements on the Demised Premises, and shall be liable for any damages to or
destruction of any buildings or Improvements on the Demised Premises resulting from
waste and shall be required to repair or rebuild such buildings or Improvements.
Lessee shall not remove any Improvements on the Demised Premises without the prior
written approval of Lessor.
SECTION 8. ALTERATIONS. Lessee shall not make any alteration, addition
modification to the Demised Premises or the Improvements thereon.
SECTION 9. RESTRICTED USE OF DEMISED PREMISES.
9.1. Use of Premises. The Demised Premises shall be used only for the following
purposes and absolutely no others:
Transport and Storage of Building Materials
or
Lessee shall not store any material which might dissolve, leach or migrate onto or into
the ground of the Demised Premises without proper containment.
9.2. Restrictions on Use. Notwithstanding any other provision of this Lease, Lessee
agrees to the following restrictions on the use and enjoyment of the Demised Premises:
a. Lessee shall not install or allow the installation of wells on the
Demised Premises without the consent of Lessor, except as
provided in 9.4 below.
b. Lessee shall not allow any disturbance or excavation of the soil on
the Demised Premises without the consent of Lessor, except as
provided in Section 9.4 below.
c. Lessee shall not allow public access to the Demised Premises.
9.3. Lessee shall not knowingly 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 shall not suffer
any act to be done or any condition to exist within the Demised Premises or in any
Improvement thereon, or permit any article to be brought therein, which is dangerous,
unless safeguarded as required by law, or which, in law, constitute a nuisance, public or
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private, or which may make void or voidable any insurance in force with respect thereto.
9.4. Access. Notwithstanding any other provision of this Lease, Lessee agrees and
hereby authorizes access to the Demised Premises by any authorized governmental
body and those entities undertaking investigations and /or response actions arising from
the known environmental condition at or about the Demised Premises referred to herein
as the "Peoples Natural Gas Site." At the date of execution of this Lease, those parties
are: City of Dubuque, Iowa Department of Natural Resources, U.S. Environmental
Protection Agency, MidAmerican Energy Company, and /or contractors and consultants
for the above. Such investigation and /or response actions may include, but are not
limited to, the installation and monitoring of wells (some of which currently exist on the
Demised Premises), the construction, installation, operation and monitoring of remedial
technologies, equipment and buildings, the construction, installation, operation and
monitoring of cut -off walls, and inspections by state and federal regulators. Lessee
agrees not to interfere with such access and /or damage any wells, equipment,
technologies, systems, buildings or other items related to the environmental
investigation and response.
SECTION 10. INSURANCE.
10.1. Lessee shall maintain during the term of this Lease insurance as set forth in the
City's standard Insurance Schedule for Lessees of City Property, as such uniform,
standardized schedule may from time to time be amended. The current Insurance
Schedule is attached to this Lease Agreement as Insurance Schedule A. Lessor shall
provide written notice of any amendment to the Insurance Schedule not less than sixty
days prior to the effective date of such amendment.
10.2. Lessee agrees to notify City immediately in the case of damage exceeding
$1,000.00. in amount to, or destruction of, Improvements or any portion thereof resulting
from fire or other casualty.
SECTION 11. LESSOR'S WARRANTIES AND REPRESENTATIONS
11.1. Lessor's Representation of Good Title. Lessor covenants and warrants that
Lessor is lawfully seized in possession of the Demised Premises, and that it has full
right and authority to enter into this Lease for the full term hereof, and covenants and
agrees that upon paying the rent provided for herein, and upon Lessee's performing the
covenants and agreements of this Lease required to be performed by said Lessee, that
it will have, hold and enjoy quiet possession of the Demised Premises. Lessor warrants
to Lessee that the Demised Premises are properly zoned for the conduct of the
operation of Lessee's business.
11.2. Lessor's Representation as to Condition. Lessor makes no representations or
warranties as to the condition, including environmental condition, of the Demised
Premises and Lessee accepts the Demised Premises as is.
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11.3. Lessor's Information as to Environmental Condition. For purposes of information
only and not as a warranty or representation, Lessor has advised Lessee that the
Demised Premises is included as part of a "site" known as the "Peoples Natural Gas
Site" and is listed on the Iowa's Registry of Hazardous Waste or Hazardous Substance
Disposal Sites and the National Priorities List under the federal Comprehensive
Environmental Response, Compensation and Liability Act. As such, the site remains
under active investigation and response by Lessor and others and there are restrictions
on the use of the Demised Premises arising from such environmental condition.
Landlord shall assume liability and shall indemnify and hold Tenant harmless against all
liability or expense arising from any condition which existed, whether known or
unknown, at the time of execution of the lease which condition is not a result of actions
of the Tenant or which condition arises after date of execution but which is not a result
of actions of the Tenant.
Lessee agrees that it has not relied upon Lessor for information regarding the
environmental condition of the site, and has undertaken independent investigation
thereof.
SECTION 12. LESSEE'S WARRANTIES AND REPRESENTATION.
12.1. Lessee Compliance With Law. Lessee shall comply with all applicable local,
state and federal laws, rules, regulations and permits with regard to the Demised
Premises and its use, occupancy and control of the Demised Premises, including but
not limited to the Americans with Disabilities Act and the Smoke Free Air Act.
12.2. Environmental Matters.
(1) Lessee covenants and agrees that Lessor shall have no responsibility for
or liability arising from any release of a Hazardous Substance which is caused by
or results from Lessee, Lessee's use, occupancy or control of the Demised
Premises, except for Lessor Hazardous Substances (any Hazardous Substance
which leaches or migrates upon the Demised Premises from any property owned
by Lessor). Notwithstanding any other provision of this Lease, Lessee shall not
have any responsibility for any Hazardous Substance which leaches or migrates
upon the Demised Premises from any adjacent property or any release of a
Hazardous Substances which is caused by Lessor or which pre- exists the date of
this Lease, except as follows: (a) Lessee shall be responsible for known pre-
existing releases for which Lessee fails to take due care and adequate
precaution and /or for which Lessee's actions or inactions cause a worsening of
the release, and (b) Lessee shall provide full cooperation, assistance, and
access to Lessor or other parties investigating and /or responding to a threatened
or actual release.
(2) Lessee covenants and agrees to promptly notify Lessor of any release of
Hazardous Substance in, on or about the Demised Premises of which Lessee
suspects or has actual knowledge.
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(3) Lessee covenants and agrees to promptly take any and all necessary and
appropriate response to fully address any release of Hazardous Substance for
which Lessee is responsible under this Section 12.2(1) following advance notice
to Lessor. Such response shall include, without limitation, notification to
appropriate governmental authorities, as may be required by law. Lessee shall
seek and obtain the concurrence of Lessor as to any such response. Lessee
shall respond to such release to the full extent required by law in no event shall
Lessee allow limitations or restrictions to be placed on the Demised Premises
without the written consent of the Lessor.
(4) Lessee covenants and agrees to not manufacture, treat or dispose of
Hazardous Substances at the Demised Premises or allow the manufacture,
treatment, or disposal of Hazardous Substances on the Demised Premises.
Lessee shall use and store on the Demised Premises only those Hazardous
Substances as are associated with its regular business activities, and then only
as allowed by law.
(5) For the purposes of this Lease, "Hazardous Substance" or "Hazardous
Substances" means any hazardous or toxic substance, material or waste which
is or becomes regulated by any local government, the State of Iowa or the United
States Government. It includes, without limitation, any material or substance
that is (i) defined as a "hazardous substance" or "hazardous waste" under
Chapter 455B, Iowa Code, (ii) petroleum and petroleum products, (iii) asbestos
containing materials in any form or condition, (iv) designated as a "hazardous
substance" pursuant to 311 of the Federal Water Pollution Control Act (33
U.S.C. § 1321), (v) defined as a "hazardous waste" pursuant to § 1004 of the
Federal Resource Conservation and Recovery Act, 42 U.S.C. §6901 et seq., (vi)
defined as a "hazardous substance" pursuant to § 101 of the Comprehensive
Environmental Response, Compensation and Liability Act, 42 U.S.0 § 9601 et
seq., or (vii) defined as a "regulated substance" pursuant to Subchapter IX, Solid
Waste Disposal Act (Regulation of Underground Storage Tanks), 42 U.S.C.
§ 6991 et seq.] The term "Hazardous Substance" shall not include any air
emissions discharged into the atmosphere as allowed by a duly issued permit
from the applicable governmental agency.
SECTION 13. INDEMNIFICATION.
13.1. Indemnification of Lessee. To the extent allowed by law, Lessor will defend,
indemnify and save harmless Lessee 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 Lessee 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 and resulting from any
act or omission of Lessor, (b) any failure on the part of Lessor to perform or comply with
any of the terms of this Lease and (c) any breach on the part of Lessor of any warranty
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or representation contained in Section 11. In case any action, suit or proceeding is
brought against Lessee by reason of such occurrence, Lessor will, at Lessor expense
and discretion, either defend such action, suit or proceeding, or cause the same to be
defended by counsel approved by Lessee, which approval will not be unreasonably
withheld.
13.2. Indemnification of Lessor. Lessee will 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
negligence 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 in any
material respect with any of the material terms of this Lease, and (c) any material
breach on the part of Lessee of any warranty or representation contained in Section 12.
In case any action, suit or proceeding is brought against Lessor by reason of such
occurrence, Lessee will, at Lessee's expense and discretion, either defend such action,
suit or proceeding, or cause the same to be defended by counsel approved by Lessor,
which approval will not be unreasonably withheld.
13.3. Survival. The obligations and liabilities under this Section shall survive and
continue in full force and effect and shall not be terminated, discharged or released, in
whole or in part, irrespective of the termination or expiration of the term of this Lease.
SECTION 14. CONDEMNATION.
14.1. Entire 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 any sovereign, municipality or other
public or private authority, 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. Substantially
all of the Demised Premises and the Improvements thereon shall be deemed to have
been taken if the remaining portion of the Demised Premises shall not be of sufficient
size to permit Lessee, in Lessee's sole discretion, to operate its business thereon in a
manner similar to that prior to such taking.
14.2. Allocation of Award. Any award for such taking of all or substantially all of the
Demised Premises shall be paid to the parties hereto in accordance with the following:
(1) To Lessor, the amount of the award attributable to the Demised Premises,
determined as if this Lease was not in effect at the time of such award, excluding
therefrom the amount of the award attributable to new Improvements constructed
by Lessee but not Improvements existing at the commencement of the Term of
this Lease, and all other sums not directly attributable to the value of the Land
constituting the Demised Premises;
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(2) To Lessee, the entire award except that portion allocated to Lessor above.
14.3. Partial Condemnation.
(1) If less than 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 any sovereign, municipality or other public or private authority, then
Lessee, at its option, may elect to continue this Lease in full force and effect or
terminate this Lease. If Lessee shall elect to maintain this Lease in full force and
effect, the award for such partial condemnation shall be allocated as provided in
14.2, and Lessee shall proceed with reasonable diligence to carry out any
necessary repair and restoration so that the remaining Improvements and
appurtenances shall constitute a complete structural unit or units which can be
operated on an economically feasible basis under the provisions of this Lease.
In the event Lessee elects to continue this Lease in full force and effect after a
partial condemnation, the Rent shall be reduced in proportion to the area of the
Demised Premises taken.
(2) Should Lessee elect to terminate this Lease upon a partial condemnation,
Lessee shall provide Lessor with written notice of such election within thirty (30)
days after the date of vesting of title for such taking. Lessee shall specify in such
written notice the date on which this Lease shall terminate, which date shall be
not less than 60 days nor more than 360 days after delivery of such notice to
Lessor (the Termination Date). In the event Lessee terminates this Lease, as
provided for in this 14.3, Lessor shall be entitled to the entire award for such
partial taking.
14.4 Temporary Taking. If the temporary use of the whole or any part of the
Demised Premises or the Improvements thereon or the appurtenances thereto
shall be taken at any time during the term of this Lease in the exercise of the
power of eminent domain by any sovereign, municipality, or other authority, then
Lessee, at its option, may elect to continue this Lease in full force and effect or
terminate this Lease. If Lessee elects to continue this Lease, the term of this
Lease shall not be reduced or affected in any way, and Lessee shall continue to
pay in full the rent, additional rent and other sum or sums of money and charges
herein reserved and provided to be paid by Lessee, and the entire award for
such temporary taking shall be paid to Lessee. Lessee shall repair and restore
any and all damage to the Demised Premises and the Improvements as soon as
reasonably practicable after such temporary taking. In the event Lessee
terminates this Lease, Lessor shall be entitled to the entire award for such partial
taking.
SECTION 15. ASSIGNMENT AND SUBLETTING. This Lease may not be assigned
by Lessee and the Demised Premises, in whole or in part, may not be sublet.
SECTION 16. DEFAULT.
16.1. Lessor's Rights in the Event of Lessee's 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 performed, and the default shall continue for a
period of thirty (30) days after written notice from Lessor setting forth the nature of
Lessee's default (it being intended that in connection with a default not susceptible of
being cured with diligence within thirty (30) days, the time within which Lessee has to
cure the same shall be extended for such period as may be necessary to complete the
same with all due diligence, but in no event longer than ninety (90) days), then and in
any such event, Lessor shall have the right at its option, on written notice to Lessee, to
terminate this Lease. Lessor shall thereafter have the right to enter and take possession
of the Demised Premises with 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 therefor 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. Notwithstanding the foregoing, any violation by Lessee of
Section 9 may result in immediate termination of this Lease.
16.2. Rights of Holder of Encumbrance in Event Lessee Defaults. If Lessee fails or
neglects to observe, keep or perform any of the covenants, terms or conditions
contained in this Lease on its part to be observed, kept or performed, the Holder of any
indebtedness secured by an encumbrance on the leasehold estate under this Lease
shall have thirty (30) days after receipt of written notice from Lessor setting forth the
nature of Lessee's default and a reasonable time thereafter if it shall have commenced
foreclosure or other appropriate proceedings in the nature thereof within such thirty (30)
days and is diligently prosecuting such proceedings, but in no event longer than ninety
(90) days, within which to endeavor to make good or remove the default or cause for
termination of the Lease. All right of Lessor to terminate this Lease on the failure or
neglect of Lessee to observe, keep and perform the covenants, terms and conditions of
this Lease is, and shall continue to be, at all times prior to payment in full of the
indebtedness to the Holder of Lessee, subject to and conditioned on Lessor's having
first given the Holder written notice thereof and the Holder having failed to cause the
default or cause for termination to be made good or removed within thirty (30) days after
receiving written notice of default or cause for termination or within a reasonable time
thereafter if it shall have commenced foreclosure or other appropriate proceedings in
the nature of foreclosure within such thirty (30) days and is diligently prosecuting such
proceedings, but in no event longer than ninety (90) days. In the event that the Lease is
terminated due to the Lessee's bankruptcy, insolvency or other proceedings, and in the
event the Holder has complied with the terms of this 16.2, then Lessor at Holder's
option, shall enter into a new lease with Holder or the successful bidder at foreclosure
on the same terms as this Lease, for the term then remaining, and specifically
preserving all unexercised options.
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16.3. Lessee's Rights in the Event of Lessor's Default. If Lessor 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 performed, and the default shall continue for a
period of thirty (30) days after written notice from Lessee setting forth the nature of
Lessor's default (it being intended that in connection with a default not susceptible of
being cured with diligence within thirty (30) days, the time within which Lessor has to
cure the same shall be extended for such period as may be necessary to complete the
same with all due diligence, but in no event longer than ninety (90) days), then and in
any such event, Lessee shall have all rights available to it provided by law or equity.
SECTION 17. RIGHT TO CURE OTHER'S DEFAULTS. Whenever and as often as
a party shall fail or neglect to comply with and perform any term, covenant, condition or
agreement to be complied with or performed by such party hereunder, then, following
thirty (30) days' prior written notice to such defaulting party (or such additional time to
cure as may be accorded Lessee pursuant to 16.1 above, but in no event longer than
ninety (90) days), the other party, at such other party's option, in addition to all other
remedies available to such other party, may perform or cause to be performed such
work, labor, services, acts or things, and take such other steps, including entry onto the
Demised Premises and the Improvements thereon, as such other party may deem
advisable, to comply with and perform any such term, covenant, condition or agreement
which is in default, in which event such defaulting party shall reimburse such other party
upon demand, and from time to time, for all costs and expenses suffered or incurred by
such other party in so complying with or performing such term, covenant, condition or
agreement. The commencement of any work or the taking of any other steps or
performance of any other act by such other party pursuant to the immediately preceding
sentence shall not be deemed to obligate such other party to complete the curing of any
term, covenant, condition or agreement which is in default.
SECTION 18. QUIET ENJOYMENT. Except as otherwise provided herein, 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. Notwithstanding the foregoing, Lessor shall have the right upon
reasonably notice to Lessee to enter the Demised Premised at any time to determine
whether Lessee is in compliance with the requirement of this Lease.
SECTION 19. ESTOPPEL CERTIFICATES. Each party hereto agrees that at any
time and from time to time during the term of this Lease, within ten (10) days after
request by the other party hereto or by any lender having an interest in Lessee's
leasehold estate, it will execute, acknowledge and deliver to the other party or to such
lender or any prospective purchaser, assignee or any mortgagee designated by such
other party, a certificate stating (a) that this Lease is unmodified and in force and effect
(or if there have been modifications, that this Lease is in force and effect as modified,
and identifying the modification agreements), (b) the date to which rent has been paid,
(c) whether or not there is any existing default by Lessee in the payment of any rent or
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other sum of money hereunder, and whether or not there is any other existing default by
either party hereto with respect to which a notice of default has been served, and, if
there is any such default, specifying the nature and extent thereof; and (d) whether or
not there are any setoffs, defenses or counterclaims against enforcement of the
obligations to be performed hereunder existing in favor of the party executing such
certificate.
SECTION 20. WAIVER. No waiver by either party hereto of any breach by the other
of any term, covenant, condition or agreement herein and no failure by any party 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 the other party 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 21. SURRENDER. Lessee shall, on the last day of the term of this Lease
or upon any termination of this Lease, surrender and deliver up the Demised Premises,
with the Improvements then located thereon into the possession and use of Lessor,
without fraud or delay and in good order, condition and repair, reasonable wear and tear
excepted, free and clear of all lettings and occupancies, free and clear of all liens and
encumbrances other than those existing on the date of this Lease and those, if any,
created by Lessor, without (except as otherwise provided herein) any payment or
allowance whatever by Lessor on account of or for any buildings and Improvements
erected or maintained on the Demised Premises at the time of the surrender, or for the
contents thereof or appurtenances thereto. Lessee's Trade Fixtures, personal property
and other belongings of Lessee or of any sublessee or other occupant of space in the
Demised Premises shall be and remain the property of Lessee, and Lessee shall within
thirty days after the expiration of the Term of this Lease remove the same, and in the
event Lessee shall fail to do so, Lessor may cause the Trade Fixtures to be removed
and Lessee agrees pay Lessor for the costs of removal within thirty (30) days of receipt
of a statement therefore from Lessor.
SECTION 22. MEMORANDUM OF LEASE. Each of the parties hereto will, promptly
upon request of the other, execute a memorandum of this Lease in a form suitable for
recording setting forth the names of the parties hereto and the term of this Lease,
identifying the Demised Premises, and also including such other clauses therein as
either party may desire, except the amounts of Basic Rent payable hereunder.
SECTION 23. NOTICES.
23.1. All notices, demands or other writings in this Lease provided to be given or made
or sent, or which 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
12
the United States mail, registered and postage prepaid, and by facsimile addressed as
follows:
TO LESSOR:
TO LESSEE:
City of Dubuque, Iowa
City Manager
City Hall
50 West 13 Street
Dubuque IA 42001
Fax 319 589 -4149
Spahn and Rose Lumber Company
Attn: John Hannan
2175 Southpark Court
P.O. Box 149
Dubuque, IA 52004 -0149
Fax: (563) 582 -3606
23.2. The address and /or fax number 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 24. MISCELLANEOUS.
24.1. Time of the Essence. Time is of the essence of this Lease and all of its
provisions.
24.2. 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.
24.3. 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.
24.4. 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 a writing signed by each party or an authorized representative of each
party.
24.5. 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.
24.6. Force Maieure. In the event that either party hereto shall be delayed or hindered
in or prevented from the performance of any act required hereunder by reason of
13
strikes, lockouts, labor troubles, unavailability of construction materials, unavailability or
excessive price of fuel, power failure, riots, insurrection, war, terrorist activities,
explosions, hazardous conditions, fire, flood, weather or acts of God, or by reason of
any other cause beyond the exclusive and reasonable control of the party delayed in
performing work or doing acts required under the terms of this Lease (collectively Force
Majeure), then performance of such act shall be excused for the period of the delay and
the period for the performance of any such act shall be extended for a period equivalent
to the period of such delay.
LESSOR: LESSEE:
CITY OF DUBUQUE, IOWA
By: f _ By: w .�, , , --
Michael C. Van Milligen John P. Hannan, President & CEO
City Manager
14
SPAHN AND ROSE LUMBER
COMPANY
/
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 shad 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 52,000,000
Products - Completed Operations Aggregate Limit 51,000,000
Personal and Advertising Injury Limit 51,000,000
Each Occurrence Limit 51,000,000
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
17
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
empioyees 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 $500,000
c) UMBRELLA EXCESS LIABILITY
LIQUOR OR DRAM SHOP LIABILITY
Coverage to be determined on a case by case basis by Finance Director.
Completion Checklist
[� Certificate of Liability insurance (2 pages)
El Designated Location(s) General Aggregate Limit CG 25 04 03 97 (2 pages)
EI Additional Insured 20 26 07 04
❑ Governmental Immunities Endorsement
2 of 2 January 2008
18
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTW'THSTANCING ANY
REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT MAT RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,
THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES
AGGREGATE LIMITS SHOV'M MAY HAVE BEEN REDUCED BY PAID CLAIMS
I LTR
I N$R
TYPE OF INSURANCE
POLICY NUMBER
DATE IM EFFECTIVE
MOONY)
PI:DUCT EXPIRATION
DATE IMM(OG'YY1
LIMITS
A
x
GENERAL
X
LIABILITY
cc)M.IEaCIAI. GENERAL LIABILITY
EACH OCCURRENCE
S 1,000,000
OAMAU TORtrNR-D
PREMISES r,EA cccunnce1
S 50,000
1 ClltlMS MACE I X 1 OCCUR
Nn - O E xP IAN one pencnt
$ 5,000
PERSONAL E ADV INJURY
S 1,000,000
GE NEPAL AGGREGATE
3 2,000,000
P
GEMLAGCJILGAIELY IA
7 POI ICY 7s:T I I LOC
PRODUCTS•C.OMF'(OPAGG
$ 1,000,000
A
AUTOMOBILE
X
—~
LIABILITY
ANY AUTO
ALL O'AHED AUTOS
SCHEDULED AUTOS
1413E1) AUTOS
NONONMED AUTOS
COMBINED SIRGLE L'MIT
iEaacca«vl
S 1,000,000
BOOtty PL.LRY
`Per peru: °'
KOOKY INJURY
1F' xcdentt
PROPERTY DAMAGE
;Per a darai
S
GARAGE LIABILITY
— I ANY AUTO
7
AUTO ONLY - EA ACCIDENT
S
OTHER THAN EA ACC
S
AUTO ONLY: AGG
3
EECESSIUMBRELLA LIABILITY
OCCUR [] CLAIMS MADE
___.i.
DEOUCTB:E
RETENTION SO
(
EACH OCCURRENCE
S
AGGREGATE
5 4 — � -
3
{
3
j�
WORKERS COMPENSATION AND
EMPLOYERS LIABILITY PRI
ANY PROETOruVARTNER'EXECUTNE
,TA
OFFICEREMBER ExCUJOED'J
I•'Y�desc'fis under
SPECIAL PROVISIONS below
/ 1
V
` ►
X J T f 1 LIM S ( IOF
E L EACH ACC'D£NT
5 100,000
EL 71SEASE -EA EMPLOYEt
S 100,000
E L DISEASE - PCI.iCY LA
S 500 , 000
OTHER
DESCRIPTOR OP OPERAD NSJLOCATIONSNEINCLESJEXCLU $IONS ADDED BY ENOORSEMENTISPECIAL PROVISIONS
City of Dubuque is listed as an additional insured on general liability policies using I30 endorsement torn CC 2026
0704 "Additional Insured- Designated Person or Organization" or its equivalent. General Liability policy is primary i
non - contributing. Fora CG 2504 0397 "Designated Locations" geereral liability aggregate limit is included. Governmental
Immunities endorsement is included.
ACORO CER
OF LIABILITY INSURANCE
PRODUCER (563)123 -4567
Insurance Agency
Strew Address
City
ST Zip Code
FAx (563)987 -6543
DATE IWUD0IYYYYI
12/7/2007
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
NAIC >K
INSURED
Company
Street
City
St Zip Code
'NSI;RERA Insurance Company
NSUNER 8
h$ RER C
NSURER D
INSURER E
COVERAGES
CERTIFICATE HOLDER
City of Dubuque
50 West 13th Street
Dubuque, IA 52001
SHOULO ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EAPIRATON DATE THEREOF. THE ISSUING INSURER FALL ENDEAVOR TO MAN.
30 DAYS WRITTEN NOTICE TO THE CER'TFFCATE MOLDER NAMED TO THE LEFT, BUT
fAI URI TO 00 SO SHALL IMPOSE NO OBUGATgN OR UA81LtTY OF ANY RIND UPON THE
INSURER ITS AGENTS CR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
ACORD 25 (2001/08)
INS025tcicelos AMS
19
CANCELLATION
VMP Nlo.lrr;rle Selutlnns Inc 13T 32' Q645
ACORD CORPORATION 1988
Page t e12
ACORD 25 (2001108)
INS025,c +aet;,s AMS
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the oolicy(ies) must be endorsed. A statement on this
certificate does not confer rights to the certificate holder in lieu of such endorsernent(s)
If SUBROGATION IS WAIVED, subject to the terms and conditions of the po,rcy, certain policies may require an
endorsement. A statement on this certificate does not confer rights to the cer1fcate 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.
20
POLICY NUMBER:
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY,
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 cf 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
DESIGNATED LOCATION(S)
GENERAL AGGREGATE LIMIT
This endorsement modifies insurance provided under the fcilowing:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
21
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.)
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.
CG25040397 Page 1 oft
CG 25 04 03 97
C. When coverage for liabi'fty a -s;ng out of the
"products - completed operations hazard" $s pro-
vided, any payments for damages because of
"bodily injury" or "property damage" included in
the "products - completed operations hazard' wilt
reduce the Products - Completed Operators 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:
Copyright, Insurance Services Office, Inc., 1996
Page 2 of 2 CG 25 04 03 97
22
'Location' means premises involving the same or
connecting Tots, or premises whose connection is
interrupted only by a street, roadway, waterway
or right -of -way of a -ailroad.
E. The prov°sic,rs of Limits Of Irsurance (SECTION
III, not otherwise modified by this endorsement
shall continue to apply as stipulated.
POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
CG20260704
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED -- DESIGNATED
PERSON OR ORGANIZATION
This endorsement m•difies insurance provided under the fo :iowl^g:
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 1I — Who Is An Insured is amended to in-
clude as an additional insured the person(s) or or-
ganizations) 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 ycur behalf:
A. Ir 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.
incluaas copyrighted matrnal of lnsuranco Services ()rho a, Inc. witt • permission. Page 1 of 1
DSO Properies, Inc., 2004
23
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
24
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
TYPE OF INSURANCE
ADDL
INSR
SUER'
NNf)
POLICY NUMBER
POLICY EFF
(MMIQDIYYYY)
POLICY EXP
(MMIDDIYYYY)
LIMITS
INSURER(S) AFFORDING COVERAGE
NAIC #
GENERAL
LIABILITY
COMMERCIAL.; ENERAL LIABILITY
OCCUR
INSURER B : Westchester Fire Insurance Co.
21121
INSURER C :
INSURER D :
EACH OC :URPENCE
3
INSURFR F :
M It p tcU
P = EM1,SISES IEa orrr:nwr >1
3
( =LAIM -R " --_ 1
D� KP t;--p n
' D E t me c rcol,l
PERSONAL & ADV ■h'JU:‘,'
'$
GENERAL AGGREGATE
C.EN'L
AGGREGATE L ;MIT L - LIES PER
C
POLICY n PP ,- F • 7 LOC
PRODUCT_ - COMPICP &3G
$
7
A
AUTOMOBILE
LIABILITY
ANY AUTO
ALL C∎v' f &E G AUTOS
SCHEDULE: AUTOS
H'PED ? UTCA
NON -OWNED AUTOS
83UENOB8021
04/01/11
04/01/12
CODIBINED SINGLE LIMIT
Ea acuderp
1,000,00C
X
BODILY INJURY Per person)
BODILY INJURY (Per eccldent)
't
--,
PROPERTY DAMAGE
(Per act tl
3
_
•
UMBRELLA LIAB
EXCESS LIAB
occup
CLAIMDM»DE
EACH OCCURRENCE
—
AGGREGATE
DEDUCTIBLE
RETENTION $
3
A
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY Y 1N
r.i•;Y PRnFP.'ETC PJP„RTNEKtE <t_CUTI'•lE
OFF:CERA/Et:LT:it' E .' It rr_L,: ❑
(Manaatory in NH)
If yes. desc ■ite under
DGAt Or- 04 c a n - 1= :,el,,,no
N
83WEOB8037
04101/11
04/01/12
I `WC ai AIU- I I - r +-
X 4 (��F'r t /MIT`} 4 1 J r w
E L EACH ACCIDENT
1,000,00C
E L DISEASE - EA EMPLOYEE
1,000,00C
E L DISEASE_ - Pat: ; LOAIT
1 0
1,000,00C
DESCRIPTION OF OPERATIONS !LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required)
CIDUIA3
City Dubuque
ty of q
50 W 13th St
Dubuque, IA 52001
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
' °� CERTIFICATE OF LIABILITY INSURANCE �
I DATE(t
06128/11
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. 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).
PRODUCER 563 - 587 -5000
Cottingham & Butler, Inc.
800 Main Street 563 583 - 7339
Dubuque, IA 52001
Jane L. Mueller
N A O M N E ACT
PHONE FAX
(NC.No Ext): IANC,No):
ADDRESS:
PRODUCER SPAROS1
CUSTOMER ID 0:
INSURER(S) AFFORDING COVERAGE
NAIC #
INSURED Spahn & Rose Lumber Company
P. O. Box 149
Dubuque, IA 52004
INSURER A: Hartford Casualty Ins Co.
29424
INSURER B : Westchester Fire Insurance Co.
21121
INSURER C :
INSURER D :
INSURER E :
INSURFR F :
VERAGES
ACORD 25 (2009109)
CERTIFICATE NUMBER:
REVISION NUMBER:
OP ID: AB
01988-2009 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
THIS
INDICATED.
CERTIFICATE
EXCLUSIONS
VSR'
.TR !
IS TO CERTIFY THAT
NOTWITHSTANDING
MAY BE ISSUED
AND CONDITIONS
THE POLICIES OF INSURANCE
ANY REQUIREMENT,
OR MAY PERTAIN,
OF SUCH POLICIES.
• - . - . --- ADISCSUBTF
MR WVD
LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.
LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
-- -.-
TYPE OF INSURANCE
POUCY NUMBER
POUCY EFF
(MM/DOfYYYY)
POUCY EXP • -- - -
(MMIDDIYYYY) UNITS
I GENERAL UABIUTY
I EACH OCCURRENCE
$ 1,000,000
— '
^ DAMAGE TO RENTED ' " • -
- - --
X
COMMERCIAL GENERAL LIABILITY
PREMISES (Ell oceirrence1
500 00
A •
I
CLAIMS-MADE 1
}(I OCCUR
}( I 0821052437
1/1/ 2 011
4/1/2012
41/20 MED EXP (Any ane person) - - S
_ — 1, 000
— J
PERSONAL & AOV INJURY
$ 1 , 000, 000
GENERAL AGGREGATE
$ 1,000,000
GENL AGGREGATE LIMIT APPLIES PER:
PRO- r -
P I JECT I x LOC
•
1
'
PRODUCTS - COMP/OP AGG
$ 1,000,000
.
$ —
AUTOMOBILE
COMBINED SINGLE LIMIT
$
• - •
(Ea accident)
1)tVY AUTO
BODILY INJURY (Per person)
$
ALL OWNED AUTOS
- -- -- --- -
BODILY INJURY (Per accident)
- "- -- - -- - --
$
SCHEDULED A U T OS
HIRED AUTOS
PROPERTY DAMAGE
{Per accident)
S
NON -OWNED AUTOS
._..__-_
$
$
X
UMBRELLA UAB
X OCCUR
EACH OCCURRENCE _ . - $ 24, 000, 000
EXCESS SLIAM
— CLAIMS -MADE
AGGREGATE $ 24,000,000
DEDUCTIBLE
A
1►
RETENTION $ 0 CPP1052437
1/1/2011
4/1/2012
_ — ,_, --
$
WORKERS COMPENSATION
' WC STATU OTH-
ANO EMPLOYERS' LIABILITY
Y�
___ LTORY LIMITS ER .. - .. - • -- _ - -- -- _ - .... .
ANY PROPRIETOR/PARTNER /EXECUTIVE
OFFICER /MEMBER EXCLUDED? NIA
E. EACH ACCIDENT S
L -- - " - -__ ... -"- " ___
{Mandatory in NH)
E.L. DISEASE - EA EMPLOYEE $
11 yes, describe under
DESCRIPTION OF OPERATIONS below
E.L. DISEASE - POLICY LIMIT S
)ESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES (Attach ACORD 101, Additional Remarks SchedWs, If more apace le requlnd)
ate City of Dubuque, including all its elected and appointed officials, all its employees and volunteers, all its
aoards, commissions and /or authorities and their board members, employees and volunteers are included as additional
Lnnsureds on a primary and non- contributory basis as provided by endorsement GA227 (attached). Designated Locations
provided in form GA101 (attached). Governmental Immunities endorsement is included.
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pollcy(Ies) must be endorsed. 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).
PRODUCER
Friedman Insurance, Inc.
B80 Locust Street - Suite 200
P 0 Box 759
Dubuque IA 52004 -0759
INSURED
Spahn & Rose Lumber Co.
P 0 Box 149
Dubuque
COVERAGES
CERTIFICATE HOLDER
The City of Dubuque
50 W. 13th St.
Dubuque, IA 52001
ACORD 26 (2009/09)
NS025 (200909)
- - - -- - - - - • ...MINN . _. • • - .. MM. .. - �.. - a.,.
IA 52004 -0149
CERTIFICATE NUMBER :11. -12NEW
._ ,
_NAMECONTACT Joni Talsma CI SR
1Np :- - -..6-3 .... .-- •- ------ - - - -.. _ .... ....- - --
S N1E. - : (5} 556 - 0272 so; ( 563)S56 - 4425
E -- _AMMO; -
PR000CER 00004155
SdWHT.4MER ID S. —
INSURER(S} AFFORDING COVERAGE NAIL 0
INSURER A:Cincinnati Insurance Companies — 10677
INSURER B :
INSURER C :
INSURER D :
INSURER E :
INSURER F:
CANCELLATION
REVISION NUMBER:
I 6/27/2011
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WALL BE DELIVERED IN
ACCORDANCE 1NITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
T Friedman, CPCU /TJ
1988- 2009ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
Coverage Part. The insured must do
nothing after a loss 1 impair our rights. At
our request, the insured WI bring 'suit' or
transfer those rights to us and help us
enforce those rf hts.
7 Automatic Additional Insured - Speci-
fied Ralefionehips
a. The blowing Is hereby added to
SECTION K . WHO IS AN INURED:
(1) Any person or organization de-
scribed in Paragraph 7.1(2) be-
low (hereinafter referred b as
additional insured) whom you
are required b add as an add-
tkinal Insured under this Cover
age Part by reason of:
(a) A written contact or agree-
_ _ tjar
GA 227 02 07
(2)
(b) An oral agreement or corn -
trarot whoa a certificate of
insurance showing that per-
son or organization as an
additional insured has been
Issued,
Is an insured, provided:
(a)
The written or oral contract
or agreement Is:
1) Currently in effect or
becomes effective dur-
ing the policy period:
and
2j Executed prior to an
"occurrence' or offense
to which this insurance
would apply; and
(b) They are not specifically
nerved as an additional in-
sured under any other pro-
vision of. or endorsement
added to, this Coverage
Part
Only the following persons or or-
ganizatlons are additional in-
sureds under this endorsement,
and insurance coverage pro-
vided to such additional insureds
Is limited as provided herein:
(a) The manager or lessor of a
premises leased to you with
whom you have agreed per
Paragraph 7.40) above to
provide insurance, but only
with respect to liability aris-
ing out of the ownership,
maintenance or use of that
1
Includes copyrighted material of Insurance
Sertri*es Office. inc., wit i its permission.
(b)
(0)
part of a premises leased to
you, subject to the following
additional exclusions;
This Insurance does not ap-
ply to:
1) Any "occurrence which
takes place slier you
cease to be a tenant In
that premises.
2) Structural alterations.
new construction or
demolition operations
performed by or on be-
half of such additional
insured.
Any parson or organization
tram which you lease
equipment with whom you
have agreed per Paragraph
7.a.(1) above to precede in-
surance. Such person(s) or
arganisation(s) are insureds
solely with respect to their
liability arising out of lire
maintenance, operation or
use by you of equipment
leased to x ga i ��p;
However, this insurance
does not apply to any "oc-
currence' which takes piaoe
after the equipment lease
expires.
Any person or organization
(referred to below as ven-
dor) with whom you h�apvhe
agreed ) above to provide in-
surance, but only with a-
spect to "bodily injury' or
"ProlmrtY damsg. adsipp
out of your products' which
are dlsbibutsd or sold In the
regular course of the ven-
dor's business, subject to
the following additional ex-
clusions:
1) The insurance afforded
the vendor does not
WO b:
a) "Bodily damage"
for which the ven-
dor is obll atod to
pay damages by
reason of the as-
sumption of Slebly
in a contract or
Page lc et 13
r
$. Property Damage to Borrowed Equip-
ment
a. The following is hereby added to Ex-
elusion J Damage to Property of
Paragraph Z, Exclusion SECTION
I - COVERAGES, COVERAGE A. -
QA 227 e2 0T
(3) Any insurance provided to
an additional insured desig-
nated under Paragraph
7.a_(2) Subparagraphs (a ).
(b) and (d) does not apply to
'bodily injury, "property
dams." or,, personal and
advertising injury arising
out of the sole negligence or
willful misconduct of the ad-
dtdonal insured or their
agents, 'employees" or any
ot represenbttve of the
insured
b. St! C11ON IV - COMIBERCIAL GEN-
ERAL LI*BILf1Y GONDITiONS Is
hereby amended as follows:
Condon 5. Other Insurance is
amended to include:
(1) Where required by a written
contract or agreement, this in-
surance is primary and 1 or non•
oontrlbutpty as respects any
other insurance poky issued 1Q
the additional insured, and such
otter insurance poky shat be
excess and 1 or nonconkibuting,
whichever applies, with this in-
surance.
(2) Any insurance provided by this
endorsement strait bo pdmmary m
other inference available to the
additional insured onset:
(a) As otherwise provided In
SECTION IV - COMBER -
CIAL GENERAL UA8IU7Y
COMMONS, 5. Other k -
w anes, b. Exam Insur-
■nOe; Or
(b) For any other veld and col-
lectible insurance available
to the additional Insured as
en additional Insured by at-
tachment of an endorse-
ment to another Insurance
policy than is written on an
excess basis. in such case,
the overage provided un-
der this endorsement shall
also be excess.
BODILY INJURY AND PROPERTY
DAMAGE LIABILITY:
Paragraphs (3) and (4) of this exclu-
sion do Plat apply ib tools or equip-
ment loaned to you, provided they
are not being used to perform opera-
tions at the time of loss.
b. With respect b the insurance pro-
vided by this section of the endorse-
ment, the fake/kip additional provi-
sions apply:
(1) The Limits of Insurance sham in
the Declarations are replaced by
the limits designated in Property
Damage to Bummed EquiP-
meal Section 8. Limits of in-
surance, S. Property Damage
to Borrowed Equipment of this
endorsement with respect to
coverage pmvidsd by this art-
easement. Those Omits are in-
clusive of and nol In addition to
the limits being replaced. The
Limits of insurance shown in
Section B. Limits et Insurance.
S. Property damage to Bor-
rowed Equipment of this en-
dorseehant Ix the most we MI
pay in any one "occurrence" re-
gardless of the number of.
(a) Insureds;
(b) Claims mace or "suits"
brought or
(o) Persons or organlzalons
making claims or bring
'suits'.
(2) Deductible Clause
(a) Our obligetlon to pay dam.
ages an your behalf applies
only to the amount of dam-
ages for each 'occurrence"
witioh are In excess of the
deductible amount sated in
Section B. Lindh of Isswr-
to BBonas.sd� of
this endoreernent Th. lim-
its of insuranoe wil not be
reduced by the appilcstlon
of such deductbls' amount
(b) SUABILITY CECTION OIS2.
Duties le the Bent of Oc-
currence,
or Suit, swedes b each
claim or "emir irrespective of
the amount •
Includes copyrighted material of insurance
Services Mss, Inc., with iM wineskin. Page i2 of 13
oft 1 6 'v 0/fro
( „91 , / - ioiv.f
'
pot'
gate Limit of Insurance, Paragraph 2.b.,
or the Construction Project General Ag-
gregate Limit of Insurance, Paragraph
2.c. a• •Iles.
. A separate Location General Aggregate
Limit of Insurance, equal to the amount of
the General Aggregate Limit shown in the
Declarations, shall apply to each location
owned by, or rented or leased to you and
1
1.------. the most we will pay for the sum of:
(1)
w hich can be attributed to operations at
only a single location owned by, or rented
or leased to you.
c. A separate Construction Project General
Aggregate Limit of Insurance, equal to
the amount of the General Aggregate
Limit shown in the Declarations, shall ap-
ply to each construction project and is the
most we will pay for the sum of:
(1)
Damages under COVERAGE A.
BODILY INJURY AND PROPERTY
DAMAGE LIABILITY, except dam-
ages because of "bodily injury" or
"property damage" included in the
"products - completed operations
hazard "; and
(2) Medical expenses under COVER-
AGE C. MEDICAL PAYMENTS;
which can be attributed only to ongoing
operations and only at a single construc-
tion project.
d. Only for the purpose of determining which
General Aggregate Limit of Insurance,
2.a., 2.b., or 2.c., applies:
(1) Location means premises involving
the same or connecting lots, or
premises, whose connection is inter-
rupted only by a street, roadway,
waterway or right -of -way of a rail-
road.
(2) Construction project means a loca-
tion you do not own, rent or lease
where ongoing improvements, al-
terations, installation, demolition or
maintenance work is performed by
you or on your behalf. All connected
ongoing improvements, alterations,
installation, demolition or mainte-
nance work performed by you or on
Damages under COVERAGE A.
BODILY INJURY AND PROPERTY
DAMAGE LIABILITY, except dam-
ages because of "bodily injury" or
"property damage" included in the
"products- completed operations
hazard "; and
(2) Medical expenses under COVER-
AGE C. MEDICAL PAYMENTS,
your behalf at the same location for
the same persons or organizations,
no matter how often or under how
many different contracts, will be
deemed to be a single construction
project.
. The Products - Completed Operations Aggre-
gate Limit is the most we will pay under COV-
ERAGE A. BODILY INJURY AND PROP-
ERTY DAMAGE LIABILITY for damages be-
cause of "bodily injury" and "property dam-
age" included in the "products - completed op-
erations hazard ".
4. Subject to 2.a, above, the Personal and Ad-
vertising Injury Limit is the most we will pay
under COVERAGE B. PERSONAL AND AD-
VERTISING INJURY LIABILITY for the sum of
all damages because of ail "personal and ad-
vertising injury" sustained by any one person
or organization.
5. Subject to 2, or 3. above, whichever applies,
the Each Occurrence Limit is the most we will
pay for the sum of:
a. Damages under COVERAGE A. BODILY
INJURY AND PROPERTY DAMAGE LI-
ABILITY; and
b. Medical expenses under COVERAGE C.
MEDICAL PAYMENTS;
because of all "bodily injury" and "property
damage" arising out of any one "occurrence ".
6. Subject to 5. above, the Damage to Premises
Rented to You Limit is the most we will pay
under COVERAGE A. BODILY INJURY AND
PROPERTY DAMAGE LIABILITY for dam-
ages because of "property damage" to any
one premises, while rented to you, or in the
case of damage by fire or explosion, while
rented to you or temporarily occupied by you
with permission of the owner.
7. Subject to 5. above, the Medical Expense
Limit is the most we will pay under COVER-
AGE C. MEDICAL PAYMENTS for all medical
expenses because of "bodily injury" sustained
by any one person.
The Limits of Insurance of this Coverage Part ap-
ply separately to each "coverage term ".
SECTION IV - COMMERCIAL GENERAL LI-
ABILITY CONDITIONS
1. Bankruptcy
Bankruptcy or insolvency of the insured or of
the insured's estate will not relieve us of our
obligations under this Coverage Part.
2. Duties In the Event of Occurrence, Offense,
Claim or Suit
a. You must see to it that we are notified as
soon as practicable of an "occurrence" or
Includes copyrighted material of Insurance
Services Office, Inc., with its permission. Page 13 of 22
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 induding 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 jurlsdlction 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
23