Yacht Basin Lease Catfish Charlie's
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MEMORANDUM
February 17, 2005
TO:
The Honorable Mayor and City Council Members
FROM:
Michael C. Van Milligen, City Manager
SUBJECT: Dubuque Yacht Basin
Dubuque Yacht Basin, Inc. is requesting approval of a sublease of space for a
restaurant to Catfish Charlie's, L.L.C.
I respectfully recommend approval of the sublease.
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Michael C. Van Milligen '-
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Arthur Gilloon, Esq.
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NORMAN. GILLOON,
WRIGHT & HAMEL, P.C.
Attorneys
Wayne A. Norman, Jr. '"
Arthur F. Gilloon*
E. David Wright'"
Dirk J. Hamel"''''
February 16, 2005
Please Reply To:
P.O. Box 857
Dubuque, IA 52004-0857
E-Mail: ngwhlaw@pcii.net
Writer's e-mail address:
3eilloon@dbalaw.com
Michael Van Milligen
City Manager
City of Dubuque
City Hall
50 W. 13th St.
Dubuque, IA 52001
Re: Sublease from Dubuque Yacht Basin to
Catfish Charlie's for Restaurant
Dear Mike:
Our office represents Dubuque Yacht Basin, Inc., which is subleasing
restaurant space at the Dubuque Yacht Basin to Catfish Charlie's, L.L.C.
The attached lease has been reviewed by City Attorney Barry Lindahl, and
requested changes in paragraphs 12 and 24 have been added to comply with
Attorney Lindahl's requests.
The underlying lease between Dubuque Yacht Basin and the City of
Dubuque requires that the City approve any sublease, and further states that the
City's approval "shall not be unreasonably withheld."
Byway of history, there have been several restaurants in the same location,
all with similar leases that have been approved by the City. The proposed
sublease contains the required insurance language and states that nothing in the
sublease alters or changes Dubuque Yacht Basin's obligations under its main
lease with the City.
The lessee, Catfish Charlie's Inc., is an Iowa limited liability company 60%
owned by Dubuque Yacht Basin and 40% owned by SCS, LLC, a Nebraska limited
liability company. SCS is in the business of owning, operating, managing and
consulting in the restaurant business. Catfish Charlie's intends to build a new
restaurant to replace the former Tugboat Willy's restaurant, which has since been
torn down.
Security Building / 800 Main Street I Dubuque, IA 52001 / (563) 556-6433 / fax: (563) 556-7706
* Also Licensed in Wisconsin I ** Also licensed in Illinois
. NoRMAN, GILLOON,
WRIGHT & HAMEL, P.e.
Attorneys
Michael Van Milligen
February 16, 2005
Page 2
We hereby request, on behalf of Dubuque Yacht Basin, Inc. that this matter
be put on the City Council Agenda for review and approval at the next meeting on
Monday, February 21,2005.
If it is necessary that someone appear before the City Council regarding this
matter on Monday, my partner, Wayne Norman, Jr., will be available to attend.
Please contact the undersigned or City Attorney Lindahl if you have any
questions. Thank you very much.
Sincorely, Cell ~
Arthur F. Gilloon
AFG:ljw
Ene.
cc: Barry Lindahl
NORMAN. GILLOON,
WRIGHT & HAMEL, P.C.
Attorneys
Wayne A. Norman, Jr.'"
Arthur F. Gilloon-
E. David Wright-
Dirk J. Hamel"''''
Februal}' 16, 2005
Please Reply To:
P.O. Box 857
Dubuque, IA 52004-0857
E-Mail: ngwhlaw@pcii.net
Writer's e-mail address:
a2i.lloon@dbalaw.com
Barl}' Lindahl
City Attorney
City of Dubuque
Harbor View Place
300 Main Street, Suite 330
Dubuque, IA 5200 I
Re: Sublease from Dubuque Yacht Basin to
Catfish Charlie's for Restaurant
Dear Barl}':
Please find with this letter a copy of the sublease with the changes made in
paragraphs 12 and 24 pursuant to your review of the proposed sublease between
Dubuque Yacht Basin, Inc. and Catfish Charlie's, L.L.C.
Also attached is a copy of my letter to City Manager Mike Van Milligen,
requesting that the issue of the lease approval be put on the City Council Agenda
next Monday.
I would ask that you communicate to the City Manager and the Council that
the lease meets with your approval.
Please call me or Wayne Norman, Jr. if you have any questions. I am out
of town Monday night, the 21st, but Wayne could appear, if necessal}', at the
council meeting.
Sincerely,
AFG:ljw
Enc.
cc: Michael Van Milligen
Dave Pretasky -- via fax: (608) 784-4776 (111)
Security Building / 800 Main Street / Dubuque, IA 52001 / (563) 556-6433 / Fax: (563) 556-7706
* Also Licensed in Wisconsin I ** Also Licensed in Illinois
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LEASE
This Lease ("Lease") is entered into ;} - J.- )-.... ,2005, between Dubuque Yacht Basin, Inc.,
an Iowa Corporation (the "Lessor"), and Catfish Charlie's, L.L.C., an Iowa limited liability company (the
"Lessee").
1. Premises. The Lessor hereby leases to the Lessee and the Lessee hereby leases from the Lessor the
premises located in Dubuque, Dubuque County, Iowa (the "Leased Premises"), as follows:
A portion of the property leased by Lessor from the City of Dubuque, Iowa (the
"City"), locally known as 1630 East 16th Street, Dubuque, Iowa, as shown on
Exhibit A, attached. It is acknowledged by the Lessor and the Lessee that the
Lessor is actually subleasing to the Lessee in this Lease, real estate owned by the
City and leased to the Lessor.
2. Term. The initial term of this Lease shall commence upon written consent of the City (the
"Commencement Date"), and end at 11 :59 p.m. on the day immediately preceding the twentieth
(20th) anniversary of the Commencement Date; provided, that, however, Lessee shall have the right
to extend the term of the Lease for any additional period beyond the initial term for so long as Lessor
still has a Lease or extension thereof with the City or its successors or assigns.
3. Rent. The Lessee shall pay fixed rent to the Lessor in the sum of Two Thousand Four Hundred
Eighty-Five ($2,485.00), payable on the Commencement Date and on each anniversary of the
Commencement Date thereafter for the first five (5) years ofthis Lease. At that time, and on each
fifth anniversary date thereafter, the annual rent shall increase in the amount of Five Hundred &
00/100 Dollars ($500.00).
4. Care and Maintenance. The Lessee shall, at its own expense, care for and maintain the Leased
Premises in a reasonably safe and serviceable condition. The Lessee shall be responsible for routine
maintenance and snow removal on the sidewalks and for the maintenance of the grass and the
parking lot on the Leased Premises. The Lessee is responsible for removal of trash deposited by its
customers on any of the Lessor's property. Lessor acknowledges and agrees that Lessee shall have
no obligation or duty to care for or maintain the Leased Premises or areas surrounding the Leased
Premises except as provided in this Section 4.
5. Taxes and Utilities. The Lessee shall pay all real estate taxes and special assessments levied against
the Leased Premises during the term of this Lease. Any increase in such taxes due to an increase in
the assessed value of the property or as a result of an increase in the mill levee rate shall be paid by
the Lessee. All other utilities and related expenses including, but not limited to, refuse pick up,
water, and the electric bill for any sign advertising Lessee's business shall be paid by the Lessee
when due. Lessee shall have the right to construct signage in areas surrounding the Leased Premises.
wp60docsILimited liability Companies\Catfish Charlie's, L.L.c.\Lease 2.16.05
Page 1 of 9
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6. Construction ofImprovements. After the Commencement Date, Lessee shall proceed immediately
with the construction of the of a restaurant building (the "Improvements") in conformity with the
plans and specifications previously submitted to and approved by the Lessor. Lessee shall file the
plans and specifications as required with the appropriate governmental authorities, and shall obtain
all necessary approvals of the plans and specifications, and all necessary building permits, and shall
have paid all required fees. The parties acknowledge and agree that during the term of this Lease
the Improvements shall remain the property of Lessee. The parties further acknowledge and agree
that after termination or expiration of this Lease for any reason, the Improvements shall become the
property of Lessor.
7. Improvements. It is understood and agreed that the Lessee is taking the Leased Premises in an "AS
IS" condition, and has had reasonable opportunity to inspect same. Lessee shall make all repairs
necessary to the Leased Premises and the Improvements, the machinery and equipment contained
therein and appurtenances situated thereon in good and working order and condition. Lessee shall
make all repairs so as to keep all utility lines including, but not limited to, sewage and water in open
and operating condition at all times at its expense. Any damage to the Leased Premises, including,
but not limited to, the Improvements, the equipment contained therein and the appurtenances situated
thereon shall be repaired by and at the expense of the Lessee and any insurance proceeds payable
as a result of any such damage shall be available to the Lessee and the Lessor for the purpose of
making such repairs.
8. Alterations. No alterations, changes in or improvements to the Leased Premises or the
Improvements shall be made by the Lessee without the prior written consent of the Lessor. In the
event that any such alterations, changes in, or improvements to the Leased Premises or the
Improvements are consented to by the Lessor they shall be made in a good and workmanlike manner.
Unless otherwise mutually agreed to prior to the commencement of such improvements, the cost
thereof shall be paid by the Lessee.
9. Assignments; Subletting. The Lessee will not assign this Lease or sublet all or any portion of the
Leased Premises without the prior written consent of the Lessor, and if necessary, the consent of the
City of Dubuque. Any assignment or subletting shall not, however, relieve the Lessee from its
performance obligations of each and every term, covenant and condition of this Lease.
10. Use of Premises. The Lessee shall use the Leased Premises only in the conduct of the business of
retail sales offood, beverages, spirits, T-shirts and other small gift items.. The Lessee shall not use
the Leased Premises in the conduct of any unlawful business nor conduct or permit to be conducted
any activity upon the Leased Premises which is in violation of any applicable statute or regulation.
11. Liens. The Lessee will not permit any mechanics' or other liens against the Leased Premises for any
labor or material furnished the Lessee in connection with any work performed on the Leased
Premises, subject, however, to the right of the Lessee to contest the validity of any such liens. Upon
final determination of any such liens the same shall be fully paid, discharged and released of record
by the Lessee.
12. Insurance. During the term of this Lease, the Lessee shall maintain insurance as set forth in the City
of Dubuque Insurance Schedule A Insurance Requirements for Tenants and Lessees ofCity Property,
Page 2 of 9
as such schedule may from time to time be amended by the City of Dubuque. A copy of the current
Schedule A is attached hereto as Exhibit B.
12.1. All policies of insurance required under this paragraph shall: (1) Name both the Lessor and
the City of Dubuque, Iowa, as additional insureds and a memorandum copy of such
insurance shall be furnished by the Lessee to the Lessor; (2) Provide that should the Lessee
default on its insurance premium payments or let coverage lapse, the insurance company
will immediately notify the Lessor of said default or lapse in insurance coverage.
12.2. The parties hereby release each other and their respective officers, employees, agents,
contractors and invitees from all claims for damage to the Leased Premises and to the
fixtures, personal property, equipment and improvements of either the Lessor or the Lessee
in or on the Leased Premises that are caused by or result from risks insured against under
any insurance policies carried by the parties and in force at the time of any such loss or
damage, notwithstanding that any such loss or damage may be due to or result from the
negligence of either of the parties or their respective officers, employees, agents,
contractors, invitees, or other authorized representative.
13. Default. Each of the following shall be deemed a default by the Lessee and a breach of this Lease:
(1) The filing of a Petition by or against the Lessee for adjudication as a bankrupt; (2) The making
by the Lessee of an assignment for the benefit of creditors; (3) A default in the payment of the rent
herein reserved, or any part thereof; (4) A default in the performance or observance of any other
covenant or condition of this Lease on the part of the Lessee to be performed.
14. Rights Upon Default. If Lessee fails to pay when due any rent, additional rent, or other sums due
and payable by Lessee to Lessor under this Lease for a period of more than five (5) days after written
notice of such failure has been given by Lessor to Lessee, or if Lessee violates or defaults in the
performance of any covenant, agreement, or other condition contained in this Lease (other than the
payment of rent or other sums payable under this Lease) for a period of more than thirty (30) days
after written notice of such violation or default has been given by Lessor to Lessee (or, in the case
of a default not curable within thirty (30) days, if Lessee shall fail to commence to cure such default
within such thirty (30) days and thereafter proceeds diligently to complete the cure thereof, provided
that such period to cure shall in no event exceed ninety (90) days), then Lessor, at its option, may
re-enter and repossess the Leased Premises, with or without process of law, and, at its option, may
declare this Lease terminated and the term of this Lease ended forthwith; and Lessor shall not be
liable for damages by reason of such re-entry and repossession. Notwithstanding such re-entry and
repossession by Lessor and whether or not Lessor exercises its option to terminate this Lease, the
liability of Lessee for the payment of the rent and other sums due orto become due under this Lease
and for the performance of Lessee's other obligations under this Lease for the remainder of the term
of this Lease (determined as if Lessor had not terminated this Lease) shall not be relinquished or
extinguished but shall continue in full force and effect; and Lessor at any time may commence such
one or more actions as it may deem necessary to collect any sums due from or payable by Lessee
under this Lease for such period. In the event of any such re-entry and repossession, Lessor shall
have the right to relet all or any portion of the Premises upon such terms and conditions as Lessor
may deem reasonably appropriate; and any such reletting shall not relieve Lessee of any of its
obligations to Lessor under this Lease, except to the extent of any net rentals actually received by
Lessor from such reletting after deducting all of Lessor's reasonable expenses (including, but not
limited to, legal expenses, brokerage commissions, and the costs of remodeling the Premises so as
Page 3 of 9
to render the Premises suitable for reletting) incurred in preparing for and accomplishing such
reletting. Lessee further agrees to pay, in addition to the rent and other sums payable under this
Lease, such additional sums as a court of competent jurisdiction may adjudge reasonable as
attorneys' fees in any suit or action instituted by Lessor to enforce the provisions of this Lease or the
collection of the rent or other sums payable by Lessee under this Lease (so long as Lessor prevails
in such action in whole or part). Lessee hereby waives any right of redemption which it may have
under any present or future law in the event Lessee is evicted from or dispossessed of the Premises
for any reason. Unless Lessor otherwise agrees in writing, or except as specifically provided herein
Lessee's surrender of possession of the Premises to Lessor prior to the end of the term of this Lease
and Lessor's acceptance of such surrender shall not effect a termination of this Lease or release
Lessee from any of its obligations under this Lease for the remainder of the term of this Lease.
Notwithstanding anything in this Lease to the contrary, Lessor agrees to use commercially
reasonable efforts to mitigate its damages in efforts to lease the Premises following Lessor's retaking
of the Premises that follows a default by Lessee. In the event of default by the Lessee, the Lessor
may terminate this Lease immediately, and reenter the premises as described in Section 14. No
default shall be deemed waived unless in writing and signed by the Lessor. However, termination
of this Lease under the provisions of this paragraph shall not relieve the Lessee from liability for its
obligations of rent for the remainder of the term in which the Lease is terminated.
15. Re-Entry. If this Lease is terminated as provided above or otherwise, or if the Leased Premises is
abandoned by the Lessee, the Lessor may at any time thereafter, re-enter and resume possession of
the Leased Premises and remove all persons and property therefrom, either by summary
dispossession proceedings, by a suitable action or proceeding at law or equity, or by force, self-help
or otherwise, without being liable for any damages therefor. No re-entry by the Lessor shall be
deemed an acceptance of a surrender of this Lease.
16. Reletting. If this Lease is terminated as provided above or otherwise, or if the Leased Premises is
abandoned by the Lessee, the Lessor may, at its own name and its own behalf, relet the whole or any
portion of the Leased Premises, for any period equal to, greater or lesser than the then current term
of this Lease, for any sum which it may deems reasonable, to any tenant and for any use and purpose
which it may deems appropriate. In no event, however, shall the Lessor be under any obligation to
relet the premises for any purpose, other than that specified in this Lease, which the Lessor may
regard as injurious to the Leased Premises, or to any tenant which the Lessor shall deem to be
objectionable. The Lessor shall not be required to pay to the Lessee any surplus of any sums
received by the Lessor on a reletting of the Leased Premises in excess of the rent provided by this
Lease.
17. Measure of Damage in Event of Default. In the event of the termination of this Lease as herein
provided, the Lessor shall immediately be entitled to recover from the Lessee, and the Lessee shall
pay to the Lessor, as liquidated damages for such breach, the Improvements.
18. Holdover. Notwithstanding any provision oflaw or any judicial decision to the contrary, no notice
shall be required from either party to terminate this Lease on the expiration date specified above and,
anything herein contained or implied to the contrary notwithstanding, a holding over by the Lessee,
its permitted assignees or sub-lessee beyond the expiration of said term shall give rise to a tenancy
from month-to-month only.
Page 4 of 9
19. Quiet Possession. The Lessor covenants that the Lessee, if in compliance with the terms of this
Lease, shall peacefully hold the Leased Premises for the term provided above.
20. Payment by Lessor. If the Lessee fails to pay any amount required to be paid under this Lease, the
Lessor shall have the right, but not the duty, to pay the same, and the amount so paid shall be due
from the Lessee to the Lessor on the next succeeding rent payment due after such payment by the
Lessor.
21. Indemnity. The Lessee shall indemnify the Lessor against any expense, loss or liability paid,
suffered or incurred, including attorney's fees and costs of litigation, as a result of any negligence
by the Lessee, its employees, invitees, or customers. Lessor shall indemnify Lessee against any
expense, loss or liability paid, suffered or incurred, including attorney's fees and costs of litigation,
as a result of any negligence by Lessor, its employees, invitees or customers.
22. Time is of the Essence. Time is of the essence as to all terms, provisions, conditions and
restrictions of this Lease and all covenants, agreements and undertakings of the parties.
23. No Representations by Lessor. Except as otherwise provided herein, neither the Lessor nor the
Lessor's agents, have made no representations or promises with respect to the Leased Premises. The
taking of possession of the Leased Premises by Lessee shall be conclusive evidence that the Lessee
accept same "AS IS" and that the Leased Premises were in good and satisfactory condition at the
time such possession was so taken.
24. Approval by City. It is understood and agreed that the Leased Premises, except the improvements
thereon, are owned by the City and this Lease (and any renewals) are subject to the approval of the
City, which approval the Lessor will endeavor to obtain. In the event such approval is not obtained,
however, this Lease shall be null and void and the failure to obtain such approval shall not constitute
a breach of this Lease by either party, nor subject the Lessor to any claims for damages at any time
by the Lessee. The Lessor and the Lessee agree to abide by all of the conditions of the Lessor's
Lease with the City as may be applicable to the Lessor and the Lessee. Further, if, for any reason,
the City cancels its Lease with the Lessor, or otherwise acts in such a manner as to render the
Lessor's ability to perform under this Lease impossible, such event, at the Lessor's option, shall
render this Lease null and void and any failure on the part of the Lessor to perform under this Lease
shall not constitute a breach of said Lease, nor subject the Lessor to any claims for damages by the
Lessee. Nothing herein, however, shall relieve the Lessor of its obligations to the City under the
lease between Lessor and the City.
25. Miscellaneous Provisions.
25.1. The Lessor reserves the right to establish minimum hours of operation for the Lessee.
25.2. The Lessee will be permitted to use the parking facilities at the premises known as the
Dubuque Yacht Basin jointly with the Lessor and both the Lessor and the Lessee shall
cooperate fully with each other to insure that such parking facilities will be used for the
benefit of each party hereto. Lessor acknowledges and agrees that the parking facilities are
adequate for the employees, customers and invitees of the Lessor's and Lessee's requisite
businesses.
Page 5 of 9
25.3. Upon termination of this Lease, the Lessor shall have a lien on any of the Lessee's
equipment, supplies, fixtures and upon any non-exempt personal property which has been
used or kept on the Leased Premises during the Lease or on any of the Lessor's other leased
property, for any unpaid rent or unpaid expenses of the Lessor due to the Lessee's default.
25.4. Notices. All notices under this Agreement shall be in writing and shall be deemed delivered
if delivered in person, if sent by certified mail (postage prepaid, return receipt requested),
telegraph or facsimile, as follows:
If to the Lessor:
Dubuque Yacht Basin, Inc.
Attn: David H. Pretasky, President
1630 E. 16th Street
Dubuque, IA 52001
If to the Lessee:
Catfish Charlie's, L.L.C.
Attn: David H. Pretasky, Manager
1630 E. 16th Street
Dubuque, IA 52001
With a Copy To:
Donald J. Satiroff
SCS Development, LLC
1514 N. 143rd Circle
Omaha, NE 68154
25.5. Applicable Law; Severability. This Agreement shall be subject to, construed and enforced
in accordance with the laws of the State of Iowa. If any provision of this Agreement is held
invalid under applicable Law, such invalidity shall not affect any other provision of this
Agreement that can be given effect without the invalid provision, and to this end, the
provisions hereof are severable.
25.6. Binding Effect; Assignment. This Agreement shall inure to the benefit of and be binding
upon the successors and permitted assigns of the parties.
25.7. Interpretation; Headings. Words and phrases herein shall be interpreted and understood
according to the context in which they are used. The headings in this Agreement are
intended solely for convenience of reference, and shall be given no effect in the construction
or interpretation of this Agreement.
25.8. Entire Agreement; Counterparts. This Agreement, including any Exhibits, all of which
are incorporated by this reference, and the documents executed and delivered pursuant
hereto, constitute the entire agreement between the parties, and may be amended only by a
writing signed by each party. All agreements, instruments and documents referred to in this
Agreement are by this reference made a part of this Agreement for all purposes. This
Agreement may be executed in any number of counterparts, each of which shall be deemed
to be an original, but all of which together shall constitute but one and the same instrument.
Page 6 of 9
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25.9. Remedies Cumulative. The parties shall have, in addition to the rights and remedies
provided by this Agreement, all those allowed by all applicable laws, all of which shall be
in extension of and not in limitation of those provided hereunder.
25.10. Waivers. Except as herein expressly provided, no waiver by either party of any breach of
this Agreement, or of any warranty or representation hereunder, shall be deemed to be a
waiver by the same party of any other breach of any kind or nature (whether preceding or
succeeding the breach in question, and whether or not of the same or similar nature).
25.10.1.
No acceptance by a party of payment or performance after any such breach
shall be deemed to be a waiver of any breach of this Agreement or of any
representation or warranty hereunder, whether or not the party knows of the
breach when it accepts such payment or performance.
25.10.2.
No failure by a party to exercise any right it may have under this
Agreement or under law upon another party's default, and no delay in the
exercise of that right, shall prevent it from exercising the right whenever
the other party continues to be in default. No such failure or delay shall
operate as a waiver of any default or as a modification of the provisions of
this Agreement.
25.11. Exclusivity. During the initial term of this Lease and any extensions thereof, Lessor will
not operate, own or lease space to any other retailer/service provider whose primary line of
business is a restaurant and/or bar within a five (5) mile radius of the Leased Premises.
26. Breaches of Lessor under Lease with City. Lessee shall have the right, but not the obligation, to
cure any defaults by Lessor under any Lease between Lessor and the City that affects, directly or
indirectly, the Leased Premises. For this purpose, Lessor shall provide copies of any and all written
notices received by Lessor informing Lessor of a breach or default under any such Lease, and if
notice of such breach or default was oral, then Lessor shall provide written notice of such oral
notice, immediately upon receipt by Lessor. Lessee shall have the opportunity to cure any such
default or breach. In the event Lessor fails to provide such notice or impairs Lessee's ability to cure
such default or breach, Lessor shall indemnify Lessee for any and all damages, losses, costs and
expenses incurred by Lessee including, without limitation, lost profits, loss of use, etc.
In Witness Whereof, the parties hereto have duly executed this Lease in duplicate on the day and year first
above written.
Dubuque Yacht Basin, Inc., Lessor
Catfish Charlie's, L.L.C., Lessee
By:
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David H. Pretasky, President
By:
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David H. Pretasky, Manager
Page 7 of 9
EXHIBIT A
LEGAL DESCRIPTION AND DRAWING
Page 8 of 9
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EXHIBIT B
~SURANCESCHEDULE
Page 9 of 9
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INSURANCE SCHEDULE A
INSURANCE REQUIREMENTS FOR TENANTS AND LESSEES OF CITY
PROPERTY OR VENDORS (SUPPLIERS, SERVICE PROVIDERS) TO THE CITY OF
DUBUQUE
1, All policies of insurance required hereunder shall be with an insurer authorized to
do business in Iowa. All insurers shall have a rating of A or better in the current
A.M. Best Rating Guide.
2. All policies of insurance required hereunder shall be endorsed to provide a thirty
(30) day advanced notice to the City of Dubuque of any cancellation of the policy
prior to its expiration date. This endorsement supersedes the standard
cancellation statement on the Certificate of Insurance.
3. shall furnish Certificates of Insurance to the City of
Dubuque, Iowa for the coverage required in Paragraph 7. Such certificates shall
include copies of the endorsements set forth in Paragraphs 2 and 5 to evidence
inclusion in the policy.
4. Each Certificate of Insurance shall be submitted to the contracting department of
the City of Dubuque, Iowa. prior to commencement of work/service. (The
contracting department shall submit the certificates to the Finance Director.)
5. All policies of insurance required in Paragraph 7 shall include the City of
Dubuque, Iowa under the attached Additional Insured Endorsement (CG2026)
and the attached Governmental Immunities Endorsement.
6. Failure to provide minimum coverage shall not be deemed a waiver of these
re.<l.ulrementspythe _City of Dubugue.J=?lIure to obtain or maintain the il1surance
required herein shall be considered a material breach of this agreement.
7. shall be required to carry the following
minimum insurance coverages or greater if required by law or other legal
agreement:
COMMERCIAL GENERAL LIABILITY:
General Aggregate Limit
Products-Completed Operation Aggregate Limit
Personal and Advertising Injury Limit
Each Occurrence Limit
Fire Damage Limit (anyone occurrence)
Medical Payments
$ 2,000,000
$ 1,000,000
$ 1,000,000
$ 1,000,000
$ 50,000
$ 5,000
Commercial general liability shall be written on an occurrence form, not a claims
made form. Coverage to include premises-operation-products-completed ,.
operations, independent contractors coverage, contractual liability, broad form
property damage, and personal injury.
EXHIBIT B
UMBRELLA OR EXCESS LIABILITY:
LIQUOR OR DRAM SHOP LIABILITY:
* To be determined on a case-by-case basis by Finance Director.
$ ~A
*
$:' 3,000, 00tl
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CITY OF DUBUQUE, IOWA
GOVERNMENTAL IMMUNITIES ENDORSEMENT
1. Nonwaiver of Governmental Immunity. The insurance carrier e~ressly 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 oNowa Section 67004
as it is now exists and as it may be amended form time to time.
2. Claims Coveraoe.. 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 conditi(;ms 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 Coveraoe. 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 Chanoe in Policv. The above preservation of governmental immunities shall
not otherwise change or alter the coverage available under the policy.
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POLICY NUMBER
COMMERCIAL GENERAL LIABILITY
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 Person Or Organization:
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.
(If no entry appears above, information required to complete this endorsement will be shown in the
Declarati9ns as. applicable to this endorsement.)
WHO IS AN1NSURED.(SectJon H) is amended to InClude as anirisured the person or organization
shown in the Schedule as an insured but only with respect to liability arising out of your operations
or premises owned by or rented to you.
CODvriaht. Insurance Services Office. Inc. 1994
85
CG 20 26 11
(