Bowling & Beyond Lease Agreement
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MEMORANDUM
April 27, 2005
TO:
The Honorable Mayor and City Council Members
FROM:
Michael C. Van Milligen, City Manager
SUBJECT: Bowling & Beyond Lease #2
Assistant City Manager Cindy Steinhauser has submitted a memo providing additional
information related to the expired Lease #2 with Bowling & Beyond for a parcel of City
property 91' x 300' located on the northwest corner of Hawthorne and Harbor Streets
that is used for outdoor volleyball courts by Bowling & Beyond.
On November 1, 2004, the City received an offer from Art Gilloon, the attorney for
Bowling & Beyond, requesting a five-year renewal of the lease at the current rate of
$5,200 annually.
On December 28, 2004, the City offered a year-to-year lease for a rate of $6,825,
revised insurance and indemnity language and that Bowling & Beyond pay all property
taxes for Leases #1 and #2 (estimated to be $2,907.83.). For Lease #1, where their
building sits, Bowling and Beyond has been paying property taxes on the building, but
not the land. The County has begun assessing the City for property tax on public land
leased for private use. All new leases between the City and a private entity require that
the private entity be responsible for all property taxes (building and land).
On April 6, 2005, City staff met with Art Gilloon and Bowling and Beyond owner Mike
Schmitt to discuss lease terms. During the meeting City staff indicated that the lease
rate proposed would not change from $6,825, but that the City would consider a five-
year lease versus a year-to-year lease. An agreement was reached in regard to a
change in the DRAM shop insurance limit going from the proposed $3 million down to
$1 million. However, no agreement was reached on new lease rate or length.
Assistant City Manager Cindy Steinhauser recommends that the lease terms previously
offered to Bowling & Beyond remain.
I struggle with the recommendation because this is a buildable lot of 27,300 sq. ft. (91 x
300). The Tollbridge property purchased recently by A.J. Spiegel was purchased for
$15.05 per square foot. The Perfection Oil property recently purchased by A.J. Spiegel
was purchased for $2.35 per square foot. Art Gilloon says the increase has no relation
to market value, particularly for a piece of land no good to anyone else. Mr. Gilloon is
absolutely wrong. Just because the City is not actively marketing this property for
development does not make it worthless. By nearby sales comparisons, the City could
and some might say should, be asking for an annual lease payment of $41 ,086.
Assistant City Manager Cindy Steinhauser is recommending City Council approval to
extend an offer for a lease with Bowling and Beyond under the following conditions:
1. A one-year lease with a lease rate of $6,825 (25<t per square foot);
2. Bowling and Beyond pays property taxes for Leases #1 and #2 (estimated to be
$2,907.83); and
3. Bowling & Beyond is required to carry DRAM shop insurance in the amount of $1
million.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
!1
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Michael C. Van Milligen
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MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
5U"~~E
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MEMORANDUM
April 25, 2005
FROM:
Michael C. Van Milligen, City Manager ^- f\, \aJ
Cindy Steinhauser, Assistant City Manag~ v
Bowling and Beyond Lease #2
TO:
SUBJECT:
Introduction
The purpose of this memorandum is to provide you with additional information related to
the expired Lease #2 with Bowling & Beyond Lease.
Backround
In 1999 the city staff negotiated a lease agreement with Riverside bowl Inc. for a parcel
of city property 91' x 300' located on the northwest corner of Hawthorne and Harbor
Streets (see attached Lease #2). The term of this lease was $5,200 annually for a
period of 3 years, expiring on June 30, 2002. Due to a change in ownership, in
December 2000 this lease was assigned to Bowling and Beyond Dubuque Inc. This
lease expired on June 30, 2002. However, the City accepted payment for one-year
incremental extensions of the lease for this project on July 2, 2002 and September 8,
2003.
The city also has another lease with Riversidebowllnc. that was later assigned to
Bowling and Beyond Dubuque Inc. for three parcels adjacent to the lease mentioned
above (Lease #1). The terms of this lease are $4,788 fixed rate for over 4 acres of land
annually for 50 years ($1,050 per acre), expiring on May 31,2008. This lease has an
option to extend the lease for an additional 50 years at a fixed rate of $1134 per acre.
Attached is a series of correspondence between the City of Dubuque and Bowling &
Beyond related to Lease #2:
. September 28, 2004 - The city sent a letter to Mr. Mike Schmitt and Mr.
James Jansen, owners of Bowling and Beyond, notifying them the lease
had expired.
. November 1, 2004 - The city received a lease offer from Art Gilloon,
attorney for Mike Schmitt, requesting a 5-year renewal of the lease at the
current rate of $5,200/annually. This has been the lease rate since July 1,
1999 with no increase.
. December 28. 2004 - The city sent a response indicating the terms of a
new lease between the City of Dubuque and Bowling & Beyond. Included
in the terms were a year-to-year lease, lease rate of $6,825 ($ .25 per
square foot), revised insurance and indemnity language and that Bowling
and Beyond pay all property taxes for Leases #1 and #2 (estimated to be
$2,907.83). Currently, Bowling and Beyond pays property taxes for the
building that is situated on Lease #1, however, recently the County has
begun assessing the City for property tax on public land leased for private
use. All new leases between the city and a private entity require that the
private entity be responsible for all property taxes (building and land) and
so it was included in the new lease terms with Bowling & Beyond, even
though this partially dealt with the adjoining lease (lease #1) and not just
lease #2.
. March 18, 2005 - After hearing no response from Mr. Schmitt or his
attorney for more than 10 weeks, the city sent a final letter acknowledging
no further interest in negotiations and requesting a past due payment of
$5,200 for use of the city property from July 1, 2004 to present.
. March 24. 2005 - City received a fax from Art Gilloon requesting a
meeting with city staff to negotiate a new lease.
. April 6. 2005 - City staff met with Art Gilloon and Mike Schmitt to discuss
lease terms. During our meeting we indicated that the lease rate
proposed would not change, but that we would consider a five year lease
versus a year-to-year lease. We also agreed to a change in the DRAM
shop insurance limit. However, at this meeting we were unable to agree
on new lease terms with Mr. Gilloon and Mr. Schmitt.
Discussion
On April 18, 2005 Mr. Art Gilloon, on behalf of Bowling & Beyond, presented a written
and verbal request to the City Council regarding the expired lease. In his
correspondence Mr. Gilloon questioned the new lease amount indicating that the rental
rate increase has no relation to market value and that the piece of property has no other
revenue generating potential. I would like to clarify each of these statements.
The rental rate was established at $ .25 per square foot. This rate is consistent with the
private sale of Perfection Oil undevelopable, remnant property at the end of Rhomberg
that was sold for $2.34 square foot. This purchase price would equate to a rental rate $
.234 square foot annually. In addition, according to the Engineering Department, the
assessed value of other city property in this area ranges from $ .48/square foot to $1.08
square foot. This was the basis for establishing the $ .25 per square foot rate for
Bowling and Beyond.
Secondly, Mr. Gilloon states that the property is of no use to the city of Dubuque and
has no other revenue generating potential. Attached is Exhibit A of the expired lease
which identifies the lease area as 91' x 300' or approximately 27,300 sq. ft. This site is
located on the corner of Harbor and Hawthorne Streets and will overlook the newly
renovated Waterworks Park as well as the existing marina. The site is currently zoned
Commercial Recreation (CR) and potential uses could include office, hotel, drive-
in/carryout restaurant, bar/tavern, theater and retail sales for example. Currently there is
a floodwall and watermain easement on this site that would limit the development parcel
size to approximately 70' x 260' or 18,200 square feet per level. This would be
sufficient to accommodate a 50-stall parking lot and several stories of mixed use space
above. A two-story facility with a 50-stall parking lot could generate $309,200 in lease
revenue (36,400 @ $8/sq. ft. and $30/month per parking stall). This development would
also pay property taxes on the land and improvements that alone could generate more
revenue to the city than the Bowling and Beyond lease of this property. A recent
developer proposed developing a $20 million facility on a site near this location that was
approximately 45' x 545' in size. Given the adjacent amenities, proximity to the River
and access to Kerper Blvd. I would argue that this site presents an excellent opportunity
for the right developer.
Based upon this information I would recommend that the lease terms previously offered
to Bowling & Beyond, remain. I do believe that the city had originally proposed that the
lease be offered on a year-to-year basis and that the City begin marketing this
developable parcel for development that would get a higher return for the city.
CC: Barry Lindahl, Corporation Counsel
Gus Psihoyos, City Engineer
Ken TeKippe, Finance Director
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City Manager's Office
50 West 13th Street
Dubuque, Iowa 52001-4864
(563) 589-4110 phone
(563) 589-4149 fax
ctymgr@cityofdubuque.org
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September 28, 2004
Mr. Mike Schmitt and James Jansen
Bowling & Beyond
1420 Yorkshire Drive
Streamwood, III 60107-2272
Dear Mr. Schmitt and Mr. Jansen,
The purpose of this letter is to notify you of the status of your company's lease
with the City of Dubuque.
Lease #2
This lease was for a parcel of property 91' x 300' located on the corner of
Hawthorne and Harbor Streets. This lease expired June 30, 2002. In June 2002
and 2003, the City accepted payment for one-year incremental extensions of the
lease for this property. However, no additional payments have been or will be
accepted. The purpose of this letter is to notify you that the City of Dubuque
considers this lease to have been terminated effective June 30, 2004. According
to the terms of the lease,
"Lessee shall have the privilege, during the period of thirty (30) days
thereafter to remove any and all improvements made by the Lessee to the
Leased Premises, provided the same are free of landlord's liens, or other lien
rights in Lessor. In the event of such removal, the Leased Premises shall be
restored to substantially the same condition as it was at the commencement of
the initial term of the Lease. Failure to remove any such improvement, or other
property of Lessee within such three (3) month period shall constitute an
abandonment thereof unless the parties hereto otherwise agree in writing.
Lessee shall reimburse Lessor for the actual expense of removing any such
abandoned property."
Please make arrangements to have any improvements still on the property
removed by November 1, 2004.
Service
People
lntegrity
Responsibility
Innovation
Teamwork
Please contact me at 563-589-4110 if you have any questions regarding this
letter.
Sincerely,
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Michael C. Van Milligen
City Manager
NORMAN. GILLOON,
WRIGHT & HAMEL, P.C.
Attorneys
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Wayne A, Norman, Jr.*
Arthur F, Gilloon*
E. David Wright*
Dirk J. Hamel**
James A. Willis ***
Please Reply To:
P.O. Box 857
Dubuque, IA 52004-0857
E-Mail: ngwhlaw@pciLnet
Writer's e-mail address:
agilloon@dbqlaw.com
November 1, 2004
VIA FACSIMILE 589-4149
Michael C. Van Milligen
City Manager
50 West 13th Street
Dubuque, IA 52001
RE: Bowling & Beyond Dubuque, Inc.
"Riverside Bowl Lease for Volleyball/Bar Area," 7/1/99
Dear Mike:
As you know, our office represents Bowling & Beyond Dubuque, Inc., doing
business at 1860 Hawthorne Street in Dubuque. Pursuant to our telephone conference
of October 26, 2004, I am writing regarding your September 28, 2004 letter to Mike
Schmidt and James Jansen.
The written lease for this property expired June 30, 2002, but the parties continued
to honor the lease for one year increments in 2002-2003 and 2003-2004. Unfortunately,
the invoice for the annual rent in the amount of $5,200.00 apparently sent in July, 2004,
was misplaced and not paid.
Our client would like to renew this lease.
We would propose the following:
1. The lease for the volleyball/bar area (91' x 300') be renewed to June 30, 2008,
at the current annual rental of $5,200.00;
2. Prior to June 30, 2008, the parties can discuss additional rental terms, but the
lease would continue, assuming both parties agree, for additional periods of one year until
and unless a longer period was agreed to, at an annual rental to be agreed upon by the
parties;
Security Building /800 Main Street / Dubuque, IA 5200] / (563) 556-6433 / Fax: (563) 556-7706
"Also Licensed in Wisconsin / ** Also Licensed in Illinois/ "** Also Licensed in California
Michael C. Van Milligen
Page 2
November 1, 2004
Certainly all would agree that this 91' x 300' area is of no use to the city, and an
annual rent of $5,200.00 provides income to the citizens of Dubuque on a piece of property
that would otherwise be worthless. We are open to discussing other possibilities with the
City, but it seems in the short term that the above proposal is most reasonable.
I would also like to confirm that based on our phone conversation of October 26 and
the parties' intent to negotiate a lease for this volleyball/bar area, the November 1, 2004
deadline to remove improvements as set out in your letter of September 28, 2004 is
postponed indefinitely, and the City is not requiring that any rental payment be made to
cover the period of time from July 1, 2004 to the present. As I told you in our phone
conversation, my client is willing to send a check immedi8:te1y for a full year's payment
(assuming the current lease could continue until June 30, 20D5), or a check for six months
rent to allow us to negotiate through December 31 , 2004.
Please be assured, Mike, that my clients are interested in working with the City to
come up with a solution agreeable to the parties, with due consideration being given to the
fact that my client has been and desires to be a good City tenant.
I look forward to hearing from you.
Sincerely,
Arthur F. Gil
AFG/jdh
cc: Mike Schmidt
City Manager's Office
50 West 13th Street
Dubuque, Iowa 52001-4864
(563) 589-4110 phone
(563) 589-4149 fax
ctymgr@cityofdubuque.org
THE C1TY OF '(-~~""
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December 28, 2004
Arthur F. Gilloon, Esq.
Norman, Gilloon, Wright & Hamel, P.C.
PO Box 857
Dubuque Iowa 52004-0857
Re: Bowling & Beyond Dubuque, Inc.
Riverside Bowl Lease for Volleyball/Bar Area7/1/99
Dear Art,
Thank you for your letter regarding the desire of your client to extend its lease with the
City of Dubuque for the area mentioned above. '
After careful review of the expired lease, the City would like to propose the following:
1. Lease term is year to year beginning July 1, 2005 and ending on June 30, 2006.
Lessee may request renewal with a minimum 30-day notice prior to expiration of
lease but subject to approval of terms by the City;
2. Lease rate of $6,825 ($ .25 per square foot) for July 1,2005 through June 30,
2006;
3. Lessee shall pay all property taxes for Leases 1 and 2 (2005 estimate $2,907.83)
4. Leases shall be revised to include the attached insurance and indemnity
language.
Lastly, in your letter you state that based upon previous phone conversations
" . . . the City is not requiring any rental payment be made to cover the period of time
from July 1, 2004 to the present." I would like to clarify my statements regarding rental
payment. My statements were meant to indicate that the above-mentioned lease had
expired and therefore the City would not simply accept a rental payment, as this would
in essence constitute an automatic renewal of the existing lease terms. The new lease
term would begin on July 1, 2005. However the City is still owed rent for the period from
July 1, 2004 to June 30, 2005.
Please contact me at 563-589-4110 if you have any questions regarding this proposal.
Sincerely,
PLtJw
Michael C. Van Milligen
City Manager
MCVM:cs
Attachments
__..__~_.__~_. _______. _.__._._.._._____~_~_______.__. .._________ ._, .._.. _.__ _.. _. _____ ______ __ ___ __.. .._,___ - __ ___.__ ".__'__ _.~ ,_.._ ____~___.___ __ -0-
Serv ice
People
Integrity
Responsibility
Innovation
Teamwork
Insurance text for Bowling and Beyond Lease #2
General commercial liability insurance as set forth in the Lessor'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
Indemnity text for Bowling and Beyond Lease #2
To the fullest extent permitted by law, the Lessee shall indemnify and hold harmless the
City, and its officers, agents and employees, from and against all claims, damages,
losses and expenses, including but not limited to attorneys' fees, arising out of or
resulting from the use of the leased premises, provided that such claim, damages, loss
or expense is attributable to bodily injury, sickness, disease or death, or injury to or
destruction of property including loss of use resulting therefrom, but only to the extent
caused in whole or in part by negligent acts or omissions of the Lessee, the Lessee's
sublessees, or anyone directly or indirectly employed by the Lessee or the Lessee's
sublessees or anyone for whose acts the Lessee or the Lessee's sublessee's may be
liable, regardless of whether or not such claim, damage, loss or expense is caused in
part by a party indemnified hereunder.
INSURANCE SCHEDULE A
INSURANCE REQUIREMENTS FOR TENANTS AND LESSEES OF CITY PROPERTY
OR VENDORS (SUPPLIERS, SERVICE PROVIDERS) TO THE CITY OF DUBUQUE
1. All policies of insurance required hereunder shall be with an insurer authorized to
do business in Iowa. All insurers shall have a rating of A of better in the current
A.M. Best Rating Guide.
2. All policies of insurance shall be endorsed to provide a thirty (30) day advance
notice of cancellation to the City of Dubuque if cancellation is prior to the
expiration date. This endorsement supersedes the standard cancellation
statement on the Certificate of Insurance.
3. Lessee shall furnish a Certificate of Insurance to the City of Dubuque, Iowa for
the coverage required in Paragraph 6 below. Such.certificates shall include
copies of the following policy endorsements:
a) Thirty day notice of cancellation to the City of Dubuque.
b) Commercial General Liability policy is primary and non-contributing.
c) Commercial General Liability additional insured endorsement.
d) Governmental Immunity Endorsements.
e) Waiver of recovery under workers compensation.
4. Each certificate shall be submitted to the contracting department of the City of
Dubuque.
5. Failure to provide minimum coverage shall not be deemed a waiver of these
requirements by the City of Dubuque. Failure to obtain or maintain the required
insurance shall be considered a material breach of this agreement.
6. Lessee shall be required to carry the following minimum coverage/limits or
greater if required by law or other legal agreement:
a) COMMERCIAL GENERAL LIABILITY
General Aggregate Limit
Products-Completed Operations Aggregate Limit
Personal and Advertising Injury Limit
Each Occurrence Limit
Fire Damage Limit (anyone occurrence)
Medical Payments
$2,000,000
$1,000,000
$1,000,000
$1,000,000
$ 50,000
$ 5,000
This coverage shall be written on an occurrence, not claims made, form
per location. All deviations or exclusions from the standard ISO
commercial general liability form CG 0001 or Businessowners form BP
0002 shall be clearly identified.
Governmental Immunity Endorsement identical or equivalent to form
attached.
An additional insured endorsement identical or equivalent to ISO Form CG
2026 or CG 2011 and include as additional insureds: ''The City of
Dubuque, including all its elected and appointed officials, all its employees
and volunteers, all its boards, commissions and/or authorities and their
board members, employees, and volunteers."
b) WORKERS' COMPENSATION & EMPLOYERS LIABILITY
Statutory for Coverage A
Employers Liability:
$100,000 each accident
$100,000 each employee-disease
$500,000 policy limit-disease
Policy shall include an endorsement waiving right of recovery
against City of Dubuque.
c)
LIQUOR OR DRAM SHOP LIABILITY $3,000,000.00
tory
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City Manager's Office
50 West 13th Street
Dubuque, Iowa 52001-4864
(563) 589-4110 phone
(563) 589-4149 fax
ctymgr@cityofdubuque.org
March 18, 2005
Mr. Arthur F. Gilloon
Attorney At Law
Norman, Gilloon, Wright & Hamel, PC
PO Box 857
Dubuque, IA 52004-0857
RE: Bowling & Beyond Dubuque, Inc. - Lease Property
(91' x 300' Parcel Located on the Corner of Hawthorne & Harbor Streets)
Dear Mr. Gilloon:
On December 28, 2004, the City of Dubuque proposed new lease terms to
Bowling & Beyond Dubuque, Inc. for the area of City property used as volleyball
courts. Since the property was leased in this capacity to Bowling and Beyond
from July 1, 2004 to June 30, 2005, the City also requested payment of the rent
in the amount of $5,200.
Since there has been no formal response from Bowling & Beyond, Inc., I am
assuming that there is no longer interest in this property. According to the terms
of the expired lease:
Lessee shall have the privilege, during the period of thirty (30)
days thereafter to remove any and all improvements made by the
Lessee to the Leased Premises, provide the same are free of
landlord's liens, or other lien rights in Lessor. In the event of such
removal, the Leased Premises shall be restored to substantially
the same condition as it was at the commencement of the initial
term of the Lease. Failure to remove any such improvements, or
other property of Lessee with such three (3) month period shall
constitute an abandonment thereof unless the parties hereto
otherwise agree in writing. Lessee shall reimburse Lessor the
actual expense of removing any such abandoned property.
Service
People
lntegrity
Responsibility
Innovation
Teamwork
Please remit the past due amount of $5,200 immediately and make
arrangements to have any improvements to the City on the property removed by
April 30, 2005.
Please contact me at 563-589-4110 if you have any questions regarding this
letter.
Sincerely,
j21)~
Michael C. Van Milligen
City Manager
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Ken TeKippe, Finance Director
Gus Psihoyos, City Engineer
Attach. - December 28, 2004 Letter
NORMAN, GILLOON,
WRIGHT & HAMEL, P.C.
Attorneys
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Wayne A. Norman, Jr. *
Arthur F. Gillooo*
E. David Wright*
DirkJ. Hamel**
Please Reply To:
P.O. Box 857
Dubuque, IA 52004-0857
E-Mail: agilloon@dbqlaw.com
Fax-556-7706
FACSIMILE INFORMATION SHEET
Date: March 24, 2005
CONFIDENTIALITY NOTICE: The information contained in this facsimile message and the
documents accompanying this facsimile message are attorney privileged and confidential information
intended only for the use of the individual or entity named below. If the reader of this message is
not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient,
you are hereby notified that any dissemination, distribution, or copying of this communication is
strictly prohibited. If you have received this communication in error, please immediately notify us
by telephone, and return the original message to us at the address below via the U.S. Postal Service.
The Following Pages Are For:
Name bfIndividual: Michael C. Van Milligen
Name of Firm: City of Dubuque
Telecopier (Fax)No: 589-4149
Transmitting Party: ARTHUR F. GILLOON
Total Number of Pages
(Including this Sheet): 1
.call upon receipt: YES
If problems with
transmittal, contact: ART
Hard copy will follow by Mail: YES
l'dessage:Dear Ivtike-Re: Bowling & Beyond, received your 3/18 letter today. I called you right away
but Juanita says you are out oftown until tomorrow. Mix up on my end after your letter of12/28/04.
I thought my client was talking to you and he thought I was talking to you about your proposal.
Unfortunately, no one was talking to you, but we are interested in discussing your proposal ASAP
after you get back in town. Can we meet with you, my client, and whoever else you want present. I
think a meeting would be more productive than further exchanges ofletters. Please call me when you
get back. 556-6433. Interrupt when you call. Thanks. .
Art Gilloon
cc: Mike Schmidt, Barry Lindahl, Cindy Steinhauser, Ken TeKippe, Gus Psihoyos
Security Building / 800 Main Street I Dubuque, IA 52001 / (563) 556-6433 I Fax: (563) 556-7706
* Also Licensed in Wisconsin I ** Also Licensed in Illinois
Message
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Pagelof2
Arthur Gilloon
tQJ~Y
From: Arthur Gilloon [agilloon@dbqlaw.com]
Sent: Monday, April 18, 2005 6:10PM
To; 'rbuol1 @mchsi.com'; 'amichalski@cityofdubuque.org'; 'dnicho\son@cityofdubuque.org';
'jmarkham@cornerenergy.com'; 'jconnors63@mchsi.com'; 'pcline@cityofdubuque.arg';
'jsch neid@cityofdubuque.org'; 'ctymgr@cityofd u buq ue. org'
Cc: Barry Lindahl (balesq@cityofdubuque.org); Mike Vanmilligen (ctymgr@cityofdubuque.org); Mike
Schmidt (mschmidt@bowlingbeyond.com)
Subject: Bowling and Beyond lease NO.4 of Volleyball area
Honorable Mayor and Council Members-
Our office represents Bowling & Beyond Dubuque, Inc.dba Riverside Bowl, which has leased a 91'
X 300' volleyball area behind the bowling alley and parking lot at 1860 Hawthorne St. from the City since 1999.
The lease ( which converted to a year by year lease on 6/30/02) expired on 6/30/04, and through inadvertence,
the $5,200 billing from the City to my client for 2004-2005 lease term was Plot paid. Bowling & Beyond received a
lease termination notice which led to discussions about renewing the lease..
Although the City Manager's office has graciously consented to discuss renewing the lease, the
parties have been unable to agree with the City Manager's office on an acceptable rent for this volleyball area.
.l'Ii9.J THE VOLLEYBALL AREA IS OF NO USE TO THE CITY OF DUBUQUE AND HAS NO OTHER
~ REVENUE GENE -PG-T-EN=RAL. However, the City Manager proposes to charge Bowling & Beyond a
new lease amQ!.L[lt... $9,732 per y~arJhis rental rate is a 90% increase over the prior rent. The increase has
'.'--m:Jrelation to market va ue, pa ICU ar y for a piece of land no good to anyone else. If a fair rent figure cannot be
reached, the volleyball area will be moved to another area currently rented by my client, and the City will lose at
. ~ least $5,200 per year in rental income.
:v~ \)L
~ ,J The above facts are a brief overview of the current status of the lease, and not meant to include all
~ events and discussions that have occurred to date regarding the lease issues.
We want to make the Council aware of this situation so that, while we realize no formal action
can be taken at tonight's meeting, the Council may give some indication regarding how they want the parties to
proceed, and whether the volleyball area can continue to be a revenue generating item for the City of Dubuque at
a fair price.
I apologize for the short notice on this matter, but the parties were continuing to talk until we
reached a definite impasse this morning.
The undersigned respectfully requests that he be allowed a few moments to speak at tonight's
meeting during the "Public Input" session at the conclusion of the formal agenda.
Thank you.
Arthur F. Gilloon
4/18/2005
LEASE AGREEMENT
~-
This Lease Agr~ent made and entered into thli L day of \lnr""~1 , 20~1
~; by and between the City of Dubu~ue, Iowa. a munlci~al eorporlltion ot Iowa, hereinafter call!c
~Le$$or", and Riverside Bowl, Inc., Bl'llowa busin~s corpor;tion, herei"after called "Lessee".
,. Lessee hereby leMe5 to Lessee the following d~scribed real estate situatea in
tnl: City of Oubuque, Dubuque Coumy, Iowa, hereinilfter referred to as The "Leased Premises",
upon the ~rms and ~on?)tions 58t forth herein, to-wit:
Property identified on anached Exhibit A, dated 3- 15-96, il6 "Riverside Bowl Lease No.
4- It 'the northwest corner of Hawthome Bnd Harbor Streets
2. TERM. The term of this Lease shall be from the 1.1 day of July, 1999, until
midnight on the 3C)1!\-"'CIay' c'f~Jumef'2.002.
3. RENTAL. Lessee shall pay annually ilS rental the sum of 'five thousand two
hundred dollars 1$5,200.00), at the Office of the City Treasurer, at the time of the execution
of 'Chis Lease Agreement, and on the 1 $'1: day af July in each year 01 this L.ease.
4. T AXES. L~sae agrees to pay all general taxIS that may be le'Jied against the
Leased Premises and all ge"eral taxes levied or assened against improvements placed upon
'the Leased ~remises by Dr on behalf of 'the Lesse-8.
5. FENCE. Lessee shaH install at Its expense an B foot high chain link fence as
snown en Exhibit A. The fence shall be 8 minimum distanoe of 10 1eet from the landward toe
of th! levy.
6. IMPROVEMENTS. All improvement; made by Lessee to me Leased Premises
ilnd aft struc;lures situated thereon shall be ereC'ted. built and maintained in strict conformity
with III appllcable federal, state or municipal statutes. ordinances and regulations. No
structural improvements shall be made without th~ prior written approval of the 'Lessor.
Lessa! shall keep the Leased Premises and any structures thereon in a neat and orderly
condition at all times and in a condition of repair and shall conform with a/l1ed~ral. state and
municipal reguJ~ticns in regard to the use of the Leased Pn:mise~, and the operation of the
business conducted thereon.
Upon the termin~tioncf 'this Lease for any ~use Wh8tSo!:ver. Le!!!8 shall have the
privilege, during the period of thirty (30) days thereafter to remove any and all improvements
made bv Lessee to the Leased Premises, provided the same are free of landlord's liens. or
other lien rlghts in L~sor. /n the event of such removal, the Leased Premises sMail be res10red
to substantially the same condition as it was at the commencement of the initial term of the
Lease. Failure to remove any such imj:)ro'Jement, or other propenv of Lessee within such 'three
(3) mOf\tn period shall t:onstitute an abandc!'H'l'1ent 'thereof unless the p21rties hereto otherwise.
agree in writing. Lessee shall reimburse Lessor 101' the l!lctua) expense of removing any such
abandcne.c property. Lesst:'e shall have f.ree accets at all times during rhs aforesaid thirty (301.
day period to remove from the Leand Pramisu it! improvemt.nts.
7. QUIET ENJOYMENT, Le,scr agree. and covenants !hat Lessee 0/"\ payment 01
the rent and performing the covenants and conditions herein contained. shall ilnd may
pE.aeefully a,.,d ql.lii?tly hll..,e. r,old 8nd enjClY the Le6sed Premises far 1he ~erm hereof.
...
S. EASEMENTS. Lestlle ~cknowled9&$ the u:isten~e of a 16' wide Corp of
Engineers easement for the City's f1oodwal! protection levy and ill 20' wide wi'termarn
easemem across the Leased Premises as shown on Exhibi't A, and Lessee agrees 'to allow
access to Lessor tar the purposes consister"lt with these easements.
,.
S. INSURANCE, Lessee shall procure and maintain insurance set forth i~ the
attached Insurance Schedule.
, O. INDEMNITY. Less~ shaUindemnify and ;,old harmle.ss Lessor 1rom and against
all claims. damages, loss~s and expenses. Including attomey iees, arising out 01 the lease of
the property. provided that such claim, damages lo!s or e;r:pense, is caus-ed In whole or in pan:
by the negligent act or omission of the Le~see, Lessee's agenu, COnTractors. customers, or
employees.
, , . DEFAULT. If Lessee shall malce default in 'the payment 01 the renral hereunder,
or any part thereof, or snall make datault in the perlormance or any of the other covenants
hertin contained, and such default snail continue fot a period of thirty (30) days aiter written
notic;e therCt;)f, !pecifying thl! default complained of. mailed to Lessee at rrs address in the City
of DubUQue. Iowa. by regular United StatK mail, or at such orher address as Lessee may from
time 'tQ time specify in writing. than it shall be lawful for Lessor, at its election, to declare the
term of this Lease ended and to expel ~nd remove Lessee, or any person, or pers ens. in or
upon the same, using such force as may be nec~narV uncler 'the circums'tiances. Les!ee
nereby covenants and agrees to surrender and deliver up the Lellsed Premises peaceably to the
Lesser.
,2.. USE OF LEASED PREMISES, The leased p~emises shall be used solely for the
purpose of v.olleyball courts.
'3. ASS I GNABILI"t'o{. Lessee may not assign or subltit the premises or any portion
thl!reof without first !eC'Unng the written prier I:onsent of Lessor, which consent shall not be
l.mreasonably withheld, Merger af l.ess~ with some cther corporation, or sale of the m~jority
of the stock of lessee to any etner corporation. or consolidation, shall be deemed an
assignment or sublease tor rhe purposes ot this section.
IN WITNESS WHEREOF, the i_rties have cal.lsed the due execution of this Lease
Agreement. in duplie~te, on this \,.. day of the...", I 2000.
::~ OFlttlih~~
~iC/i!~1 C.-Van MiIligen
City Manager
RIVERSJ!l.E S()lAf~ ~
By: ~/t r--...
Timothy M. Mart;n
Vic:e President, Ri....erside Bowl, Inc.
")..1 I)\"" D~ \~ l,1' "I Q,..
Address
D,-,~....,,(
-
j:iG
;:lu'-' (
- INSURANC~SCHEOULE
, . Any policy of insurance or certificate of insurance required hireunder shall be with a
carrier aut~or'~8d to da bu~ness in Iowa and a carrier that has received a rating of A
or better In the el.lrrent Best's Rating Guide.
.2. Any policy of inlurance required hereunder shall provide for a thirty-day notic! to the
CIW of any matBrlal change or l:an~e\latlon of the policy prior to its' expiration date.
3. Contractor shall have its insurance agent or company certify in writing 1r.at any policy
of insurance ~quired hereIn with an aggregate limit of \labilitY has no~ bean redu!:ed by
paia or reserved claims at the time of issuance of policy or certificate.
4. Contractor shall furnish cOJ:lies of the fallowing policies to the City, with limits not less
than the following, or grealer if required by law, and shall also furnish certificates of
insurance trom all inclependent contractors or subcontractors hired by Contractor or any
independent contractor car $ubccntral:'tor hired by the indep~ndern contractor or
subcontractor, which certificateli shall provide tvidenc:e of coverage for limits not less
than the following, or greater H re~uired by law;
WORKERS COMPENSATION:
Statutory State of law.
Emplovers' liability
S, 00,000 each accldsnt
S, 00,000 each employee oy disease
$500.000 policy limlt by disease
C overage A:
Coverage 6:
AUTOMOBILE UABILlTV:
Bodily Injurv and Property Damage limit 01liablll'tY of .$1,000,000 combined single limit
or equivalent.
COMMERcrAL GENERAL LlABILITY:
General A.ggregate Umit
Products-Ccmplsl.d Op&ration Aggregate Limit $
Perscnal and Ad\fertisiF'lg Injury Limit
Eaeh Occurrence Limi't .
Fire Damage Umit (anyone occurrence)
Medical Payments
(UmbrellCl Liabilltv Insurance may be sutlstitl.lted
for above "limits,)
OR
Combined Single LimIt
Medical Payments
[Umbrella Liability Insurance may be substiluted
~or iilbcve limits.)
$2.000,000
$ 1 ,000,000
$ 1,000,000
$1.000,000
$ 50,000
S 5.000
$2,000,000
$ 5,000
[;overlilse is to ir'\clud~: occurrence form, premi:u!l=/o?OrlltionsJFlr~ducuJ t:cmp\eted
operations ccverage, independent contractors' coverage, ccrmac:'tual lia\)ility. broad
form J:lroi:lert'l damage, personal injury, City 0; Dubuque named as an additional ins;ured
with 3Q days written nc'tice af change or canc-ellaticn,
.............
Prll~l:ll"ld By:Th. City of DubuQue 50 Wut \31h Strut OubUCluI. lewa 52001 ph:319-589.
EXHIBIT A
RIVERSIDE BOWL LEASE NO.4
~
NORTH
'-"
LOT 1
LOT 2
LEASE NO. 2
~~
~
~
~
~
~
~ClII I~ F..,
o SO '00
S24.42'~O"E
1.4-0'
52.4"40" Q"E
98,61'
WolT!J'l, S~E;; ;"ND
C~III1...CE E:.~!.\.IDlT'
CURV~ RA.OIUS LC!ljCi'!ii CHORO Crt.BEARINC
C-; 9504,9,3' .3~5.1 S' Jol.1.JO' SJs'oS'JO"E;
C-~ gS04.9J' 1....0. l.~O' S2~-~2'~O.'C
CITy'o.r DUBU
so Wee! \:11" 51 OUbUOl
,..-.,
EXHIBIT
NeE: OF,
I
,)1'1':-1 R' CITT OF t:JBUOlJE
I s::~!:::" :-;!...s: RIVR51DE "'-~,
.~C-15-2000 09:02
.
,,-....
.:.-,
r.
NORMAN GILLOON WRIGHT H~M
,,)1."':' ;;;);:;)0 r ILlU I' ...-...--
PreOCll"ld By:llll City of Dubuque SO Wed \3th St,...t Dubuque. Iowa 52001 "h:319-5B9'
EXHIBIT A
RIVERSIDE BOWL LEASE NO.4
~
NORTH
i
I
I
I
I
i
I
I
!
2
LOT 2
LEASE NO. 2
~UI. '" ,..,
o 50 100
~~
~
~
~
~
524642'4-0"E
1.40'
LOT 1
S24.40'10"E
98.61'
\~41'E(. S!:WER ~ND
Oit\.;N.>.CE eASOoIENT
CU~~ RADIUS 1.f:!IIGTH CHORO ai.BEARING
c-: 9S~.93' 3.15,\ S' J"J.JO' SJS'OS'JO"E
c-z 9S~.9J' 1.60' 1..0' SN-.2'.O"[
CITy'o.r DUBUQ
so Wut , .3lh SI Oubuaue,
Pol.C:~ OF'.
rl_~. 9
Page 1 of2
Jeanne Schneider
From:
To:
Cc:
Sent:
Subject:
"Arthur Gilloon" <agilloon@dbqlaw.com>
<jschneid@cityofdubuque.org>
"Mike Schmidf' <mschmidt@bowlingbeyond.com>
Tuesday, April 19, 2005 2:20 PM
Bowling & Beyond Dubuque, Inc. Lease No, #4
Dear Jeanne-
Please put the matter of Bowling & Beyond's lease NO.4 on the City Council's agenda for the May
2,2005 meeting.
I would like to address the Council at that time and ask the Council to approve a lease amount for the
area being used for volleyball.
I am also including at the bottom of this letter the emaill sent to the Council last nite so you can include
it in the materials that are supplied to the Council members in their packets for the meeting on the 2nd.
Please let me know if you need anything else in order for us to be on the formal agenda on the 2nd of
May.
Thanks.
Arthur F. Gilloon
Attorney for Bowling & Beyond Dubuque, Inc.
MESSAGE BELOW WAS SENT TO COUNCIL BY EMAIL ON APRIL 18TH, 2005
Honorable Mayor and Council Mernbers-
Our office represents Bowling & Beyond Dubuque. Inc.dba Riverside Bowl, which has leased a 91'
X 300' volleyball area behind the bowling alley and parking lot at 1860 Hawthorne St. from the City since 1999.
The lease ( which converted to a year by year lease on 6/30/02) expired on 6/30/04, and through inadvertence,
the $5,200 billing from the City to my client for 2004-2005 lease term was not paid. Bowling & Beyond received a
lease termination notice which led to discussions about renewing the lease.
Although the City Manager's office has graciously consented to discuss renewing the lease, the
parties have been unable to agree with the City Manager's office on an acceptable rent for this volleyball area.
TH.{; VOLLEYBALl,~REA IS OF.NQJ.JSE TO THEJ';I:a~OF DUBUQUE ANPHAS NO OTHER
REVENUE GENERATING POTENTIAL. However, the City Manager proposes to charge Bowling & Beyond a
new lease amount of $9,732 per year. This rental rate is a 90% increase over the prior rent. The increase has
no relation to market value, particularly for a piece of land no good to anyone else. If a fair rent figure cannot be
reached, the volleyball area will be moved to another area currently rented by my client, and the City will lose at
least $5,200 per year in rental income.
The above facts are a brief overview of the current status of the lease, and not meant to include all
events and discussions that have occurred to date regarding the lease issues.
We want to make the Council aware of this situation so that, while we realize no formal action
can be taken at tonighfs meeting, the Council may give some indication regarding how they want the parties to
4/19/2005
Page 2 of2
proceed, and whether the volleyball area can continue to be a revenue generating item for the City of Dubuque at
a fair price.
I apologize for the short notice on this matter, but the parties were continuing to talk until we
reached a definite irnpasse this morning.
The undersigned respectfully requests that he be allowed a few moments to speak at tonight's
meeting during the "Public Inpuf' session at the conclusion of the formal agenda.
Thank you.
Arthur F. Gilloon
NOTE: This e-mail may contain confidential or privileged information. If you are not the intended recipient,
please advise me by return e-mail that you have received this message in error. Please also then erase this e-
mail without reading it or sending it to anyone else. Thank you.
Arthur F. Gilloon
Norman, Gilloon, Wright & Hamel, P.C.
800 Main Street
P.O. Box 857
Dubuque, IA 52004-0857
Phone: 563.556.6433
Fax: 563.556.7706
E-Mail:
4/19/2005
Message
Page 1 of2
5P
Arthur Gilloon
From: Arthur Gilloon [agilloon@dbqlaw.com]
Sent: Monday, April 18, 20056:10 PM
To: 'rbuol1 @mchsLcom'; 'amichalski@cityofdubuque.org'; 'dnicholson@cityofdubuque.org';
'jmarkham@cornerenergy.com'; 'jconnors63@mchsi.com'; 'pcline@cityofdubuque.org';
'jschneid@cityofdubuque.org'; 'ctymgr@cityofdubuque.org'
Cc: Barry Lindahl (balesq@cityofdubuque.org); Mike Vanmilligen (ctymgr@cityofdubuque.org); Mike
Schmidt (mschmidt@bowlingbeyond.com)
Subject: Bowling and Beyond lease No.4 of Volleyball area
Honorable Mayor and Council Members-
Our office represents Bowling & Beyond Dubuque, Inc.dba Riverside Bowl, which has leased a 91'
X 300' volleyball area behind the bowling alley and parking lot at 1860 Hawthorne St. from the City since 1999.
The lease ( which converted to a year by year lease on 6/30/02) expired on 6/30/04, and through inadvertence,
the $5,200 billing from the City to my client for 2004-2005 lease term was not paid. Bowling & Beyond received a
lease termination notice which led to discussions about renewing the lease.
Although the City Manager's office has graciously consented to discuss renewing the lease, the
parties have been unable to agree with the City Manager's office on an acceptable rent for this volleyball area.
THE VOLLEYBALL AREA IS OF NO USE TO THE CITY OF DUBUQUE AND HAS NO OTHER
REVENUE GENERATING POTENTIAL. However, the City Manager proposes to charge Bowling & Beyond a
new lease amount of $9,732 per year. This rental rate is a 90% increase over the prior rent. The increase has
no relation to market value, particularly for a piece of land no good to anyone else. If a fair rent figure cannot be
reached, the volleyball area will be moved to another area currently rented by my client, and the City will lose at
least $5,200 per year in rental income.
The above facts are a brief overview of the current status of the lease, and not meant to include all
events and discussions that have occurred to date regarding the lease issues.
We want to make the Council aware of this situation so that, while we realize no formal action
can be taken at tonight's meeting, the Council may give some indication regarding how they want the parties to
proceed, and whether the volleyball area can continue to be a revenue generating item for the City of Dubuque at
a fair price.
I apologize for the short notice on this matter, but the parties were continuing to talk until we
reached a definite impasse this morning.
The undersigned respectfully requests that he be allowed a few moments to speak at tonight's
meeting during the "Public Input" session at the conclusion of the formal agenda.
Thank you.
Arthur F. Gilloon
.,
~~
This Leue Ag,..."ent made and Interect inM this ,l' day of \)wlulrl , 20j,lQ,
by and between the Chy ~f Dubu~ue, Iowa, I munlci~al eall'Clrltion af Iowa, hereinafter called
.. Lessor., and Riverside aowl. Inc., 8" Iowa busin... corpor~tion, her.instte, caned "Lessee" .
LEASE AQRElMENT
i" ._~....
-t"'
l
1. Lesse. herebv leases to Lessee the fallowing d~sc'ibed real estate situated in
the City of Oubuque. Dubuque CountY'. Iowa. hereinafter referred to as the "lelled Pr.mises".
upon the trms and con~1tions set fonh herein, ta-wit:
Property identified on mached Exhibit A., dated 3.15-96, as "Riverside !lowl Lease Na.
4" at 'the northwest corner af Hawthorne and Harbor Streets
2. TEAM. The term of this Lea.. shall be fram the ,'1 dav of Julv, 1999, until
midnight on the 3011I day of June, 2002.
3. RENTAL Lusee shall pay annuallv IS rental the sum of five thousand twa
hundred daUars 1$5,200.00), at the Office of the City Treasur.r, at the time of the execution
of rhis Le..e Agreement. and on the 1 st cf.y of JulV in elch vaar 01 this I.ease.
4. TAXES. Leue. Igr... 10 paV .11 general U1xes that mav be levied against tn.
leastel Premises and allsae"eral taxes levied or alselled against improvements placed upon
~h. Leased Premises bv or on blhalf of the LesSH.
5. fENCE. Leslee shall instill at fll expense In B foot high chain link fenGe IS
shawn an Exhibit A. The fence shall be I minimum distance of 10 feet from the landward toe
of the levy.
6. IMPROVEMENT.5. All improvements made bv leI see to the leased Premises
and all structures situated thereon shall be erected, built and maintained in strict conformity
with I" applicable tld.rat. state or municipal statutes, ordinances and regulation5. No.
struC'tural impro".ments shall be mad. without the prior writtln approval of tne tessor.
lessee shall k..p the Leased Premises and any stl\lctures thereon in a neat and orderly
condition at all time5 and in a condition of repair and shall conform with all federal. state and
municipl' regulations in regard to the use at the Leased Premises, and the operation of the
busin.. conducted thereon.
Upon the termin.non of this Lease for any cause whatsoevlr. lessee shall have the
privilege, during the ~.r1od of 11'1irty (30) days fhereafter to remove any and all improvements
made bv lessee to the Leased Premises, pravided the same .re free at landlord's liens. or
ather lien rights In Lessar. In the event of such remo".', the L.eased Premises shall be restored
to 5ua,tantiaUy the same condition .s it was at the commencement of the initial term 0' the
Leise. Failure to remove any s\.Ich improvement. or other property of l.essee within such three
C3) month period shaJl constitute an abandonment thereof Llntess tne parties hereto otherwise.
agree in writing. LaMe shall reimburse Leasar far the ectue) expense of removing any such
abandorted property. Less... shaU havef.re. access at aJl1imes during the aforesaid thirty (301.
day periOd to remove from the Leased Premise. its improvements.
.7. QUIET ENJOYMENT. llllsar agrees and covenants that Lessee 01"1 paymmt 01
the rent and performing the covenan~s and conditions l1erein contained. shall and may
c:uucefully ."d quietly h.ve. hold end ."jav th. L.8S.d pitremises for tne 1erm hereof.
, "
., ..
8. EASEMENT,. Less.. acknowledg.. the existence of I 16' wid. Corp of
Engineers easement for the City's flDOdwlU protection levy and a 20' wide watermaln
euemenl across the Leased Premisas as shown on Exhibit A, and Lessee agrees to allow
access to Lessor tar the purposes consistent with these easements.
,.
9. 'N~URANCE. Lessee shall procure and maintain insurance set forth in the
attached Insurance Schedule.
10. INDEMNITY. Lessee shall ~nc:lemnifv and "old harmless Lessor from and against
III claims. damages, losies Ind ex~ensel. Including Ittomey tees. ariSing out at the lease of
the prope"v. provided th.1 such claim, damag8sIals or expenae, is caused In whole or in part
by the negligent act Dr emission of the Lesse.. Lessee's agents, contractors, customers, or
eml3/ayees.
,,~ DEFAULT. If Lessee shall make defauk in the payment of the Tental hereunder.
or any part thereof, Dr Ihllt make dafault in the performance of any of the Dther covenants
herein contained. and such default shall caminue far a period of thirty (30) days a11er written
notice thereof. !pecifying the default complained of, mailed ta Lessee at Its address In the City
af Dubuque. Iowa. by regular United StatH mall, or II suer. ather address as Lessee may from
time tc) time specify in writing. then it shall b.llwful for Lessor, at its eJection, to declare the
term of this le.se endld Ind to e.~el end remove1.essee, Dr any person. or persons. in or
UPO" the same, usi"9 s~ch force as may be necessary under lne circumstanc:es. Loess..
hereby cavanlJnts and agrees to surrender and deliver up the le.sed Premises peaceablv to the
Lessor.
'2. USE OF LEASED PREMISES. The leased premises shalt be used solely for the
purpose of v.ollevball courts.
13. ASSIGNABIU'LY. Less.. mlY not aseign or sublett the premises or any portion
thereof without first securing the written prior consent of Lessor, Which consent shall not be
unressonably withheld. Merger of ~essle with some Clther carporatlan, or sale af the majority
at the Itock at Leuee to any oth., corporalian. al' consolidation. shalt be deemed an
assignment or sublea.. fol' the purJto... of thl. IBctian.
IN WITNESS WHEREOF, the lilrtiH have caused the due executiCln of this L.ease
Agreement. In duplicate, on Ihll ... day of QUI"." . 2000.
::~o:zm~~
~icnlal C. Van Milligen
City Manager
RIVERS,!.QJ: BO~ INC.
Bv: ././?"..?i ~...
Timothy M. Martin
Vice Pre~ddent. Riverside Bewl, Inc.
~'S~ O.e.'~c..I''1 0,..
Address
Dv~"'" ( :t,q ~l{Jul
-
.. -...
INSURANCE SCHEDULE
1.
.\ny policy of insurance or certificate of insurance required hlreunder shall be with a
carrier autl'\orind to do husiness in Iowa and a carrier thlt has received a rating of A
or better in the cyrrent Best's Ratins QuId..
2.
Any policy of insurance required hereunder shall provide for a thiny-day notice to the
CItY at Bny mata,Ial change or cancellation of the policy prior to its' expiration date.
3.
Contractor shall have its insurance agent or company certi~ in writing 'that any policy
01 insurance required herein with In aggregate limi, of lIabill'tY has nat be.n reduced by
paid or reserved claims at the time 01 issuance of policy or certIficate.
Comractor shall furnish copies of the tallowlng polleies 'to tl'\e City, wi'th limits not less
than the following, or greater if required by law. and ahaU also furnish certificates 01
Insurance trom illI independent contractors or subcontractors hired by Contractor or Iny
Independent coftuaC!or or subcantractor hired by the independent contractor or
l\.lbcontrilctor. which certificates shall provide evidence of coverage for limit.! net less
tt'la" the following. ar greate, if reqUired by law:
4.
WORKERS COMPENSATIDN:
Coverage A:
Coverage 8:
StatUtory State a1 (awiI
Employ.rs' Liability
.100.000 uch accldenr
S, 00,000 elch emplov.e by disease
$500,000 policy limit bv disease
AUTOMOBILE UABILlTV:
Badily Injurv and Property Damage limit of liability af $1,000,000 combined single Iim;t
or equivalent.
COMMERCIAL GENERA1 LIABILITY:
General Aggregate Umit
Products-Completad Op.ratian Aggregate Limir $
PenOM' and Advertising Injury Limit
Eaen Occurrence Limit .
Fir. Damage Umit tany one occurrence)
Medical Payments
(Umbrella LiabilitY Insunlnee may be substituted
for above 'limits.)
S2.000.000
$ 1 ,000.000
$' ,000.000
s, .000,000
. 50,000
a 6.000
OR
Combined Single Limit
Medical Payments
[Umbrella Liability Insuran!:. may be substituted
for ..bove limits.)
$2.000,000
$ 5,000
Coveras_ i. ro inctude: Dccurren~. form. premi.../operationS/productsJ cClmple'Eed
operations coverage, independent contractors' cClverage. contractual Iiabilit~. broad
form prapeny damage. personal injury. City of DubLlque named as an additional insured
with 30 day. written notice af Change or cancellation.
.~C-i5-2e00 09:02
,
",-...
,;,-.....
r',
NORMAN GILLOON WRIGHT HRM
~'.L"=' :;J;;;;)C r I.:..IU ,. ..... --
Pr'DCl,..d By:Th. CIty of DubuQu. SO We'" 13th St,...t Dub\JQu.. Iowa 52001 r;lh~J19-5B9'
EXHIBIT A
RIVERSIDE BOWL LEASE NO.4
~
NORTH
LOT 2
lEASE NO. 2
~UI. I" JIleu
o 50 100
~~
~
~
~
~
2
S24.42'~a"E
1.40'
LOT 1
S2.4-4C'10"E
98.61'
W4~, SEWER AND
OilAl:llACE ~o..ENT
eu~r RAOIUS ~E~GTH CHCRO Oi.BEARINC
C-l 9:l04,9,)' 3.&5.' S' J~3.30' SJS.OS'JO"E
c-:; 954.9J' 1..0' 1."0' SZ'-A2'&O"t
CITY 'OF DUBUQ
so wu, , Jlk 51 Cubuaue.
NeE OF'.
I
OWN . CITY OF' t::..r8UOUE
I$':~H~ .,L~: RrvRSICE r'_~. S