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Yacht Basin Sublease Agreement D'i:i~~E ~ck~ MEMORANDUM April 12, 2006 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Dubuque Yacht Basin Sublease Assistant City Manager Cindy Steinhauser is recommending approval of a sublease by the Dubuque Yacht Basin for a portion of the property they lease from the City to Dubuque's American Lady, LLC, a tour boat company. I concur with the recommendation and respectfully request Mayor and City Council approval. (J!~1 {~//JzliL Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager i5ii~~E ~ck~ MEMORANDUM April 12, 2006 TO: Michael C. Van Milligen, City Manager FROM: Cindy Steinhauser, Assistant City Manager SUBJECT: Dubuque Yacht Basin Introduction The purpose of this memo is to request City Council approval of a sublease between the Dubuque Yacht Basin and Dubuque's American Lady, L.L.C. Discussion Dubuque Yacht Basin, Inc. is requesting approval of a sublease for office space and dock spaces to Dubuque's American Lady, L.L.C. to operate dinner cruises on the Mississippi River. Attachment A of the proposed sublease identifies the location of the dock space that will be used by Dubuque's American Lady, L.L.C. The proposed sublease also contains the required insurance and indemnity language and states that nothing in the sublease alters or changes Dubuque Yacht Basin's obligations under its main lease with the City. Based upon these terms, I respectfully recommend approval of the sublease. Action The requested action is for City Council to approve the proposed sublease between the Dubuque Yacht Basin and Dubuque's American Lady, L.L.C. CS/ksf cc: Barry Lindahl, Corporation Counsel Gus Psihoyos, City Engineer Ken TeKippe, Finance Director NORMAN, GILLOON, WRIGHT & HAMEL, P.C. Attorneys Wayne A. Norman, Jr.* Arthur F. GiIloon* E. David Wright* Dirk .J. Hamel** Please Reply To: P.O. Box 857 Dubuque, IA 52004-0857 E~Mail: ngwhlaw@dbqlaw.com Writer's e-mail address: agilloonti:Vdbalaw.com April 12, 2006 VIA FACSIMILE 589-0890 Mayor Roy Buol and the Dubuque City Council City Hall 50 West 13th Street Dubuque, IA 52001-4864 RE: Dubuque Yacht Basin, Inc. Dear Honorable Mayor and City Council Members: Our office represents Dubuque Yacht Basin, Inc. Dubuque Yacht Basin, Inc. requests consent to a sublease with Dubuque's American Lady, L.L.C. for office space and dock space for dinner cruises on the Mississippi River. We respectfully request that this matter be placed on the agenda and considered by the Council during its meeting of April 17, 2006. A copy of the proposed sublease will follow, as we are discussing items to include with City Attorney Barry Lindahl. Please contact the undersigned if you have any questions, and I thank you in advance for your cooperation. Sincerely, Arthur F. AFG/jdh cc: City Attorney Barry Lindahl Mike Van Milligen Cindy Steinhauser Security Building /800 Main Street / Dubuquc.IA 52001-6822/ (563) 556-6433/ Fax: (563) 556-7706 * Also Licensed in Wisconsin / ** Also Licensed in Illinois Message Page I ofl Jeanne Schneider - Dubuque Yacht Basin, Inc. request for consent to sublease .. - From: To: Date: Subject: CC: "Art Gilloon" <agilloon@dbqlaw.com> "Jeanne Schneider" <jschneid@cityofdubuque.org> 04/12/2006 10:27 AM Dubuque Yacht Basin, Inc. request for consent to sublease "Barry Lindahl" <balesq@cityofdubuque.org>, <ctymgr@cityofdubuque.org>, "Cindy Steinhauser" <csteinha@cityofdubuque.org> Jeanne- Per our phone conference this moming, please include as an agenda item Dubuque Yacht Basin, Inc.'s request for consent to a sublease with Dubuque's American Lady, L.L.C. for office space and dock space for dinner cruises on the Mississippi. We are pulling what are hopefully the finishing touches on the sublease language and hope to be ready with documents ASAP. Please call or email if questions, and thanks for your help. Basin, Inc. Art Gilloon, Attorney for Dubuque Yacht 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: agilloon@dbqlaw.com file://C:\Documents%20and%20Settings\jschneid.000\Local%20Settings\ Temp\XPGrp W... 04/12/2006 SUBLEASE This Sublease ("Lease") is effective ,2006, among Dubuque Yacht Basin, Inc., an Iowa corporation ("Landlord"), and Dubuque's American Lady, L.L.C., an Iowa limited liability company, Ted Shonts and Lora Shonts (collectively, "Tenant"). The parties agree as follows: 1. Premises and Term. The Landlord leases to the Tenant a tour boat dock and office space situated in Dubuque County, Iowa, as described on Exhibit A, attached, together with all improvements thereon, and all rights, easements and appurtenances thereto belonging (the "Premises"), and grants Tenant the right to use all common areas on Landlord's property, as described on Exhibit B, attached together with all improvements thereon, and all rights, easements and appurtenances thereto belonging (the "Common Areas"), for a term beginning on April 15, 2006, and ending on December 31, 2010, upon the condition that the Tenant performs as provided in this Lease. 2. Renewals. The Tenant shall have three (3) five (5) year options to renew, by giving the Landlord written notice of its intention to exercise an option not less than one hundred eighty (180) days prior to the end of the then current term or renewal. 3. Rent. 3.1. Office Space. Part of the Premises includes an office space (hereinafter the "Office"). The initial monthly rent for the Office shall be $150.00, due on or before the 15th of each month; provided, however, because this Lease does not start until April 15, 2006, the April 2006 Office rental charge shall only be $75.00, payable upon execution of this Lease. Beginning in January 2007, monthly rent shall increase to $250.00 per month, due on or before the 15th of each month. 3.2. Dock Space. Part of the Premises includes a docking area (hereinafter the "Dock Space"). The initial annual rent for the Dock Space shall be $12,000.00. $5,000.00 shall be paid upon execution of this Lease, and the balance of $7,000.00 shall be paid on or before September I, 2006. For the remaining term of this Lease, the Tenant shall pay to the Landlord 50% of the rent on or before April I of each year and the balance shall be paid on or before September I of each year. Commencing in 2007, and each year of the initial term or renewal thereafter, rent shall increase 1.9% over the previous year, on a cumulative basis. Thus, in 2007, the annual rent shall be $12,228.00, in 2008, $12,460.33, in 2009, $12,697.08, and so forth. 3.3. Payment. All sums shall be paid at the address of the Landlord, or at such other place as the Landlord may designate in writing. Delinquent payments shall draw interest at the rate of fifteen percent (15%) per annum. 4. Possession. The Tenant shall be entitled to possession on the first day of the Lease term, and shall yield possession to Landlord at the termination of this Lease. Should the Landlord be unable to give possession on said date, the Tenant's only damages shall be a pro rata abatement of rent. Page 1 of 17 wp6Odocs\Dubuque Yacht Basin, Inc\Dubuque's American Lady, LLC.\Sublease 4.10.06 5. Use. The Tenant may use the Premises for any lawful purpose. 6. Real Estate Taxes & Special Assessments. Landlord shall pay all real estate taxes and special assessments attributable to the Premises and payable during the term or any renewal of this Lease. 7. Care and Maintenance. 7.1. The Tenant takes the Premises AS IS. 7.2. The Landlord shall keep the Premises in good repair, except when damage to the same is occasioned by the misuse or negligence of the Tenant, its agents, employees or invitees. The Landlord shall remove all snow and ice and other obstructions from the sidewalk to the bridge to the Premises. The Landlord shall not be liable for failure to make any repairs or replacements unless the Landlord fails to do so within a reasonable time after written notice from the Tenant. 7.3. The Tenant shall maintain the Premises in a reasonable safe, serviceable, clean and presentable condition, and shall make all repairs, replacements and improvements to the Premises, ordered by any lawfully constituted governmental authority and directly related to the Tenant's use of the Premises. The Tenant shall remove all snow and ice and other obstructions the Premises, including the bridge; however, Tenant shall not be responsible for removing snow, ice and/or other obstructions from the Common Areas. The Tenant shall make no structural changes or alterations without the prior written consent of the Landlord, which consent shall not be unreasonably withheld. 8. Liability for Damage. Each party shall be liable to the other for all damage to the property of the other, negligently, recklessly or intentionally caused by that party (or its agent, employees or invitees), except to the extent the loss is insured and subrogation is waived under the owner's policy. 9. Utilities and Services. The Tenant shall pay for all utilities and services which may be used on the Premises, as follows: 9.1. Office. Tenant, during the term of this lease, shall pay, before delinquency, all charges for use of telephone and internet at the office space leased hereunder by Tenant. 9.2. Boat Dock. Tenant, during the term of this lease, shall pay, before delinquency, the electric company's charges for use of electricity by Tenant, incident to operation of Tenant's boat; provided, however, Landlord agrees to have installed a separate electric meter, which meter shall be dedicated to the power hookup for Tenant's boat. The electricity charges Tenant shall be liable for pursuant to this Section 9.2 shall be only those charges imposed by the electric company for electrical usage as indicated by the dedicated meter for Tenant's boat. Landlord shall not markup the electricity bill which Tenant is to pay pursuant to this Section 9.2. Page 2 of 17 9.3. Other Utilities. Land]ord shall provide, at Land]ord's expense, all other utilities and services used by Tenant incident to this Lease, including, but not limited to, heating and air conditioning, except for those utilities and services listed in Section 9.] and 9.2, above. 9.4. HVAC. Air conditioning equipment and heating equipment shall be furnished at the expense of Land]ord and maintenance thereof shall be at the expense of Land]ord. ]0. Signage. All exterior signage (with or without timers) and directional signage shall have the prior written approval of the Land]ord, which approval shall not be unreasonably withheld, and shall be in conformity with applicable ordinances and shall be at the sole expense of the Tenant. ] 1. Boat Show Booth. The Tenant shall receive a booth at no charge at the annual Dubuque Boat Show if the show is operated by the Landlord. ]2. Licenses & Permits. The Tenant shall be responsible for obtaining any and all permits and licenses to operate its business at its sole expense. 13. Fuel For Vessel. All fuel necessary for the operation of the vessel operated by the Tenant shall be purchased from the Landlord the rate often cents ($0.10) over Land]ord's cost. ] 4. Complimentary Charters. The Landlord shall be entitled to receive two (2) complimentary charters annually, for two (2) hours each, consisting of the captain, fuel. However, Land]ord may not redeem said complimentary charters on Fridays, Saturdays, Sundays or holidays, and Land]ord may only redeem said complimentary charter(s) during periods the upper deck ("Admiral's Quarters") is available and not previously booked. Furthermore, the three complimentary charters granted pursuant to this Section ] 4 are non-cumulative. If the charters are not used in any given year, they are void. The complimentary charters do not carry over from year to year. Any food served on the complimentary charters shall be the sole responsibility of the Landlord. Land]ord and/or Landlord's guests shall purchase all beverages consumed on the complimentary charters from Tenant. 15. Surrender. Upon the termination of this Lease, the Tenant will surrender the Premises to the Landlord in good and clean condition, except for ordinary wear and tear or damage without fault or liability of the Tenant. ] 6. Assignment and Subletting. No assignment or subletting, either voluntary or by operation of law, shall be effective without the prior written consent ofthe Land]ord and the City of Dubuque. ] 7. Property Insurance. The Tenant will not do or omit the doing of any act which would invalidate any insurance, or increase the insurance rates in force on the Premises. To the extent of all insurance collectible for damage to property, and to the extent permitted by their respective policies of fire and extended coverage insurance, each party hereby waives rights of subrogation against the other, regardless of fault. The tenant shall bear the cost of insuring its own property located within the Premises. 18. Indemnity and Liability Insurance. Except for any negligence of the other party, each party (the "Indemnifying Party") will protect, defend, and indemnify the other party (the "Indemnified Page 3 of 17 Party") from and against any and all loss, costs, damage and expenses occasioned by, or arising out of, any accident or other occurrence causing or inflicting injury or damage to any person or property, happening or done in, upon or about the Premises, or due directly or indirectly to the tenancy, use or occupancy thereof, or any part thereof of by the Indemnifying Party or any person claiming through or under the IndemnifYing Party. Each party will procure and maintain liability insurance in amounts not less than $2,000,000 of general aggregate, $1,000,000 of other insurance, and which names the other party as an insured. The Tenant agrees further to indemnifY the City of Dubuque, its officers, agents, and employees, from and against any and all loss, costs, damage and expenses occasioned by, or arising out of, any accident or other occurrence causing or inflicting injury or damage to any person or property, happening or done in, upon or about the Premises, or due directly or indirectly to the tenancy, use or occupancy thereof, or any part thereof of by the Tenant or any person claiming through or under the Tenant. The Tenant shall maintain insurance set forth in the attached Insurance Schedule, as such Schedule may from time to time be amended by the City of Dubuque. 19. Damage. In the event fire, flood, the elements or any other casualty causes partial destruction of or damage to the Premises, including water leakage through the roof or low water conditions which prevent the Tenant's access to the tour boat dock, which is a business interference, that is, which prevents the conduct of normal business operations, this Agreement shall not terminate. In the event of such partial destruction or damage, the Landlord shall repair such damage as soon as possible, unless prevented from doing so by acts of God, the elements, the public enemy, strikes, riots, insurrection, governmental regulations, city ordinances, labor, material or transportation shortages, or other cause beyond the Landlord's reasonable control. During such period of repair, the Landlord will provide alternate dock space within its marina and, also during such period, the rent provided herein for the dock space shall be reduced by fifty percent (50%). This Section shall not apply to any business interference attributable to the failure of the Tenant to perform its duty of repair and maintenance under this Agreement. 20. Mechanic's Liens. Neither the Tenant, nor anyone claiming by, through, or under the Tenant, shall have the right to file any mechanic's lien against the Premises. The Tenant shall give notice in advance to all contractors and subcontractors who may furnish, or agree to furnish, any material, service or labor for any improvements on the Premises. 21. Termination Upon Default of Tenant. Upon a default by the Tenant of the terms of this Lease, this Lease may, at the option of the Landlord, and without prejudice to any other rights or remedies afforded Landlord by law, be immediately canceled and forfeited. However, before any such cancellation or forfeiture, the Landlord shall give the Tenant notice specifYing the default, or defaults, and stating that this Lease will be canceled and forfeited five (5) days after notice, unless such default or defaults are remedied without such period. 22. Notices. All notices under this Lease shall be in writing and shall be deemed delivered if delivered in person, if sent by registered or certified mail (postage prepaid, return receipt requested), as follows: If to Tenant to: Dubuque's American Lady, L.L.c. Page 4 of 17 c/o Lora Shonts, General Manager 1630 East 16th Street Dubuque, IA 52001 Ted & Lora Shonts 1630 East 16th Street Dubuque, IA 52001 If to Landlord to: Dubuque Yacht Basin, Inc. David H. Pretasky, President 1630 East 16th Street Dubuque, IA 52001 23. Applicable Law; Severability. This Lease shall be subject to, construed and enforced in accordance with the laws of the State of Iowa. If any provision of this Lease is held invalid under applicable Law, such invalidity shall not affect any other provision of this Lease that can be given effect without the invalid provision, and to this end, the provisions hereof are severable. 24. Binding Effect. This Lease shall inure to the benefit of and be binding upon the successors and permitted assigns of the parties. 25. Interpretation; Headings. Words and phrases herein shall be interpreted and understood according to the context in which they are used. The headings in this Lease are intended solely for convenience of reference, and shall be given no effect in the construction or interpretation of this Lease. 26. Construction. It is acknowledged that each ofthe parties have had substantial input individually, and by their attorneys, into the drafting of this agreement. It is therefore agreed that the Agreement shall not be construed for or against either of the parties based upon the identity of the drafter of the final Agreement. 27. Entire Agreement; Counterparts. This Lease, 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 Lease are by this reference made a part of this Lease for all purposes. This Lease 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. 28. Remedies Cumulative. The parties shall have, in addition to the rights and remedies provided by this Lease, all those allowed by all applicable laws, all of which shall be in extension of and not in limitation of those provided hereunder. 29. Waivers. Except as herein expressly provided, no waiver by either party of any breach of this Lease, 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). Page 5 of 17 29.1. 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 Lease or of any representation or warranty hereunder, whether or not the party knows of the breach when it accepts such payment or performance. 29.2. No failure by a party to exercise any right it may have under this Lease 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 Lease. 30. Contingency. The parties understand and agree that the effectiveness of the Lease is contingent upon its approval by the City of Dubuque, Iowa. Effective: the date first written above. Dubuque Yacht Basin, Inc., Landlord Dubuque's American Lady, L.L.c., Tenant By: By: David H. Pretasky, President Ted Shonts, Individually, Tenant Lora Shonts, Individually, Tenant Page 6 of 17 EXHIBIT A TO DUBUQUE YACHT BASIN, INC.I DUBUQUE'S AMERICAN LADY, L.L.C. SUBLEASE Description of the Office Space: Two hundred (200) square feet immediately inside the Administration Building of Dubuque Yacht Basin, Inc., 1630 East 16th Street, Dubuque, IA 52001, with entrance through the middle doors on the north side, all located in "Lease Area C" of the Lease Agreement between Dubuque Yacht Basin, Inc. and the City of Dubuque, Iowa, dated November 23, 1987, as amended by a First Amendment dated December 21, 1987, a Second Amendment dated January 19, 1988, a Third Amendment dated May 4, 2000, and a Fourth Amendment dated December 17,2001, all as described and set out in Resolution #545-01 of the City Council of Dubuque, Iowa, adopted December 17, 2001. ,,~., " , , , , / //~../ / / // " 1,'N" -'"..',. ,"" ',"'. ..>t~(~~:, .~'~;\~i~~<., /.;',1'" ':.....~._ ';); /, :;";' ,.'!'\ ;:.:~j ~ ,."..,o'~':' ~.. ,'.":' ,oJ -\ 51. '" .> . . '\ . ..... :, '.- , . "\ " '. ~ , , ',' ; ." \ - '. ~ _t-~ t ,#1-",\ \ '\,;1 :' "~~:ii _, ~ ' ~ ~:"it~[..?_ \ "'>.~-/,;. '\ \ . , \, X-,.~'- 'r." "';f~ .. , ~,.. l~ T, .\ ),"- ~ ~ ~ ~ ff ~~~ ~;;",:~ .IF'CI..;:,:-< -........'t:-i.~;.~,..... l ',3';,~:;.: 'K~'tJBUQCF 'y-~\CHT BASIN Li~~\\, " I 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 shall be endorsed to provide a thirty (30) day advance notice of cancellation to the City of Dubuque, except for 10 day notice for non- payment, if cancellation is prior to the expiration date. This endorsement supersedes the standard cancellation statement on the Certificate of Insurance. 3. shall furnish a signed Certificate of Insurance to the City of Dubuque, Iowa for the coverage required in Paragraph 6 below. Such certificates shall include copies of the following policy endorsements: a) Commercial General Liability policy is primary and non-contributing. b). Commercial General Liability additional insured endorsement. c) Governmental Immunity Endorsements. 4. Each certificate shall be submitted to the contracting department of the City of Dubuque. 5. Failure to provide minimum coverage shall not be deemed a waiver of these requirements by the City of Dubuque. Failure to obtain or maintain the required insurance shall be considered a material breach of this agreement. 6. shall be required to carry the following minimum coverage/limits or greater if required by law or other legal agreement: a) COMMERCIAL GENERAL LIABILITY General Aggregate Limit 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 Page 9 of 17 This coverage shall be written on an occurrence, not a claims made form. Form CG 25040397 "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. Page 10 of 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 employees and volunteers, all its boards, commissions and/or authorities and their board members, employees and volunteers shall be named as an additional insured on General Liability Policies using ISO endorsement CG 20 26 0704 "Additional Insured - Designated Person or Organization," or it's equivalent. - See Specimen b) WORKERS' COMPENSATION & EMPLOYERS LIABILITY Statutory for Coverage A Employers Liability: Each Accident Each Employee - Disease Policy Limit - Disease $100,000 $100,000 $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 o Certificate of Liability Insurance (2 pages) o Designated Location(s) General Aggregate Limit CG 25 04 03 97 (2 pages) o Additional Insured 20 26 07 04 o Governmental Immunities Endorsement Page 11 of 17 CITY OF DUBUQUE, IOWA GOVERNMENTAL IMMUNITIES ENDORSEMENT 1. Nonwaiver of Governmentallmmunitv. The insurance carrier expressly agrees and states that the purchase of this policy and the including of the City of Dubuque, Iowa as an Additional Insured does not waive any of the defenses of governmental immunity available to the City of Dubuque, Iowa under Code of Iowa Section 670.4 as it is now exists and as it may be amended from time to time. 2. Claims Coveraqe. The insurance carrier further agrees that this policy of insurance shall cover only those claims not subject to the defense of governmental immunity under the Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. Those claims not subject to Code of Iowa Section 670.4 shall be covered by the terms and conditions of this insurance policy. 3. Assertion of Government Immunitv. The City of Dubuque, Iowa shall be responsible for asserting any defense of governmental immunity, and may do so at any time and shall do so upon the timely written request of the insurance carrier. 4. Non-Denial of Coveraqe. The insurance carrier shall not deny coverage under this policy and the insurance carrier shall not deny any of the rights and benefits accruing to the City of Dubuque, Iowa under this policy for reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of the defense(s) of governmental immunity asserted by the City of Dubuque, Iowa. No Other Chanqe in Policv. The above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy. SPECIMEN Page 12 of 17 POLICY NUNtlffl COMIIERCw. O_AAl. UABILlTY CG20260704 THIS ENDORSEMENT CHANGES THE POl..lCY.PLEASE READ IT CAREFULLY. ADDITIONAL l~ -PESIGNATED PERSONQl!tc~TlON ThI$ ~ment. modilies in......nee PfOYidod undo'.lh8lQ1lov.1ng: COMMI!;RCIAl. G1iNER"'L lIABILITY COVERAGE F>ART SCHEDULE NIl... Of Addition.1 ........d -0(*1 Or Org!'lli!!!!!9nlol The Ci,y of Dubuque, ;00luoin9 all Its ele~te~ and appoinTRd officials, all its employees and volunteerst all it$ boards, commissions and/or aut~orit1es and t~e1r bJard members, employees and volunteers. . en red 10 con trio SChodulo.ffnol.......,..b""". ...nile...,..n in ll1e~. $el;lion tI - Who Ie An "aunKI is- amended $0 In- <;w<< IJ$ tm eddticnB ineu1'Od th~ pr;lfGQtl{=sl 01' Of930i :mtion(s) .&hown in thQ Sc:l'llOdiule. but ol'lIV with reaped to lfilblllty f<< "hOOil~' injury", ''prqu~~1y dam." or >>personal end ~ertitijt(l injuf'V" .caused, in whcje 1;)1' in pert. ~ your ilI::bi otorni&$iom Qr ~ acts. or emis- sIons d' tb:>se octing on ~r behalf A. In the perfQrmanoe of your OP'l~ng QPleratiof'\$; r:s B. tn conn9t'tio1'l with ljOUI' premisl.i:'iI owned by or (~n1li)dtn:#'ll1 5PEC'tl~~ '0 r..r.?I1 'RM'nA ~ ISO Praoerties. Inc.. 2004 Pig(iJl1of, Page 13 of 17 Q ACORQ, CERTIFICATE OF LIABILITY INSURANCE I'1KlIIEU (5J}5 7Z FAK t56l)S56-44.!5 INSl!llAHl:lO IKiENCY ~Ittt:tl ADDRESS OlY. 5.1.1\11:. liP CODf MT1.~YY1'1 0il/I4/Z<105 TtlIS CEIimFICA11:: IS ISSUED AS AfMTTER OF lNFOftMATION ONLY ....0 eoNA!Jtri. NO AliONJIi UPON THI: CERnRCATIi HOl.GBt. THI$ CEftlFICAn OO!.$ NOT J&MEND, EXTl!ND OR A" T W THE POUClES BELOW, INSURERS AFFORDING OOVEftACIE R;l:.I.~tl A ,~ns..rance CDI/IpiIIY ,....110. Str'..t Addl".ss City, State, l1P COde lNll,....Mo!':$ r<<i,iH.\l;; I'll'i~H'~ J """'d.......- TttEflOUC1FJ$ OF I_J~ UGTED !l:LO,,"' lAVE OEr:N IGSUfD 10 THEt J/.t.t(~, 11;I'tMOROl'NtllllON (+ htW\~(";.N<TR6c:T C"Sl: P'l'l€R I\JllAIf P$R'tAt., THE INSURalNCC NrGm)l:D 5Y 'THE rQtICU5ll> 1le'JC.1~IBr;u ~$. A.OOREOA~{ l"'IT~aH:M"'UA"'- HAVE Bk~ RLUUO-1J llY '^"1IIi:i c'- 1'Il"EOFMOJl6IQ l'CIUC'ItIlMBER Gl.lEiVdUJilll;.rtY X~I~tM~;l.u.UdllllTV CLlUlo't;i".,.,lX [!J OCCUR tu\W:O~HJR I Hi:. l-I'JUJ,,;Y !-'t:HIULTlf'I.l'IiO\l!;;U. NCIWlI!1I;)I,rofiDlNI UlnnrRESPECT TO ,^'HICH ~Hl:s. a:R.W:ICA'ft: w.,YOE IS$Jrf) ('Iii' SLltJreJ TO-^lL THE "l:RdS DtCt."'SKlN:S AND OO!iI)ITlONS OF" SUCH - ... b'LlI1V':I;U~t. u~'I'ul:t:'Mi:Iio.' '~ll:'>I................1 tW::lJt.>>'I~f\lII"lIl~::r) c_ . . A A __K~!1.,IW'/n;a.I'lY ':..f:Nl:HAL~;.;r,It< " "'Wl;lA:P:\.I:Uftl'llYlWU ~ . ~ m..;,;io\Ot€:O,oVIOl.l WlEOIJlED .wros -""", ~:vMlED..t.fllJl;; fA-ii 'J-..}:. S cJf 1i:9 1-[ A C:JMl:II>lu:;NG:"ruWf ~~I l:)ll...,....'IIi'l" ':-.......) 1;.;1.ll1~1'I,r.jl'Y :--, PVJP'nlYJ""WoIlJ'oI! :......_olorl! , flITnUUf.........I::I;:IJI'-'lI ~ Of1llHTllA/Il ^,JTO OKV', U.AllU:;; N:;l. S F't".4(}f'j~MX 1I.3f.H:^W.n: CEOl.C-'1n..E lU:f;:tflOl wn-.RI'I()DMII....mll.MO ~'I.JJ'.IIall'Y A my PR(JPRFl::MAA1lBlE.I'J:.CtJ'TM: on'l..;dI6'M:loIl11:IlI:OA;!..'.Jllt:V1 ~-~~;.~ U1_ __..,."'.n N- . . . ); Hr;.lJT....nl orn ELEN::l-"IoJJ:nE'Sl" E.1..C13UoSt-tAtWPlQlt E1..[ll:IEMIE l'l''':UC'"U'IU 100,0 J~l~_: SOO 0 "1IL__WNIIt'~li:lMii'~liU!lL'~l4l0:9~"Di:il!atIV~M''''IAt..~ crTY OF IlUIlUQIJE 15 U>"'O "" ... """mOMAL IlI5UR.. GH CiEJlEIlAL LIABILITY I'OLICl~S U$1N(; ISO BIOOlSE- RlIIl <Ii lO lfi 07 IJ4 ".vlIITIIOfW. lNSUREll-IlE5WfAlED I'ElI5llIi OR OIlliMUATION" OIl ITS EQUMlANT. L IL\BILITY PDUCY IS I't!IMARY NIP NON-OlN1IlIIIJTINC;. RlIIM a; Zs 04 01 91 "PESIGNATED UlCATIONS" IL\BILITY Ali\:;REGlTf: L1IIitl SIlAI.L BE Ir<<llJDED. allIE_TAL OOlUNrflfS B<IlllIISEJlENT IS INCLlIlEIl. U. PDLICIES SIIIU.L BE EfClllIISfIl Ttl P'IllWIDE 30 !MY ADVANCE NOTIfE 01' CANCELUTI<* 10 CrTY OF IlUBUQllE CITY 01' OOBUOOE CITY !tAll. 50 W. 13TH STREET UUOuao., lA 5l00I BHOlJ...DANYOFTllEA8O'iEIllE'8:l'lJIlEDI'OIJllifC$16~r.;;(U.~P~ Ill!: !lCI'lllAnOOllATE TIER&:lF, tHElUlJfl\l&"'IURHt'Wlbt~__ JLIlAYE.,,n;mucIKJ1J::EYO"""(it:~'HCLtmII""""TIJ ~~...r. 1ClIIIIU:'Jl.iJl. _J.:IWt"~)ill.l ~'IUlll_.lt....iWoI"'V~ II!JlJl-II(JII~X ~DUN\l!!UNT"'tWe ACOJID 2m f2D&1JB8'I ~c CCJA.PORATION 1'" Page 14 of 17 IMPORTANT If tho ~ hOktef 1$ 311 ADCllltJl'tAl. INSURED, thu. poli(;yOtn;) lUJ1( t/rli: etlOO(~. A ststemenl (In this certncate dOe" nol a:ln1Er rt;IhIIlD the C8'ftirlOltlJhul~r irr l~l,I (Ji plllilfIlJlO(Mrlienl(a). IfSOOROGATION 1$ WAIVED, 8U1Jt9d taUIEII_IllS :~nd ~rltliti"rJ!l1UrltleP<>ii(.'Y.~lnpQlIclea. may- rsquiu! an vl1dOl'SeMnt. A statement on lhf5 ClI!lrtl~ dOtt!S floC t;QIl~ tiytlhr I.; Ih~ l:Hrllfk.sIEl holdllJf In "8.1 or slJCt enrJasElmP.fl1(S). DISCLAIMER l"h& (;~ Of tnS4I#ftCIJ on tI'le ~ve,., adds of th:s ~ UDO$ rtot a:Jfll>til1lte;J oonlmtl ~~~n the m.uing ir\SUtBf($l; autIlor1Ze<I rep~lYe Of pll;KilJQ8r.aod thQ OiIIltl'lCl:IUI hullhP, rlOl .Juw it afI1rmallWty or nvg;;;j't'Ul1 anleO(J, eJ(terllJ (lr.,-1h9 CO'1$t1Igtl afft:Inied by 11'1,,- puti~'I~ Utt:!'~Jrl SPECIMEN ACORD Ui (ZQ01f01111 Page 15 of 17 POUC'!' NUMBER: THIS ENDORSEMENT CHANGESJHE POLICY. PLEASE READ IT CAREFULLY. COMMEF<<:IAL GENeRAL LIABIUTY Clj ZS 04 03 t7 DESIGNATED LOCATION(Sl GENERALAGGREGATELIMT SPECIMEN This endofument modifies numn~ pmvIded lJn6.w ~il fQJI(;Mn,,: COMMERCIAl. GENERAL LlAIllt 'TV COVI;AAG~ PART SCHeDlJLE ID_~~Laeal~.I: ;'If no ~ appears above. irnormaticn reQUired to COMplete 1"15 endasP.meni d he sh<J.vn in Ute Declarations o. oppiclllllo \p lh.. encor&EO:1<lllt.) A For all ~um:;. which the inBlJ!ed beco<<le$ legally ,obligated to poly d~ damages. caused by "cccune""",,' u.w" ~.I)VEIlAGl" A (SECTION I). ane ",. on mediosJ """"".... e'''JOed trl """'- dents un..... COVERAGe C (SlOCTION II. wI1lcl1 can be sltributed only 10 oporallons ., . BlOgiO cl8signated "_n" .'",wn in the _uItl ;eO"At 1, A .ep;uste Dtilgfllllfld Lac"'on GISI1e!1lI -'9_." limn "1'1>'" 10 each d.sig_ "klcatbrl'. aoolhatimit is eqLJflI tt) till) M'1UlAlll uf thIS GtMlI!lIIal Aggregate Um.t shONn in the Oeclafat~s 2. The, ~ Location L:oiInen;JI ~'e Unlit itlo UI6 I1lU11ri we will pay for the 'sum of all damages urtder COVtRAGG A.. except dIfn,. BgB8 bacaUBS at "boditt ifljury~ or "pmp~rty damag~. included in Ihe'products.c::.mplefed ~ns hazanf', .ar~ for medicad rlJcpen:sea under C~R~GE C __ of 1M num- ber of: L fnsLlfeds. b. Claim5- meoe Of" .sUiht buugN. OJ c. P'ersons ct arganiml;ions malOOg claims or brmglng "suits.. 3. Any payments made under COVERAGE A k:1r elamage& or unclef COVERAGE C lot medicN ~e'ses shall ~ tt'e oe'lQ- nated Location Gc;,leIllIl ~g:nlg. Lim1t for the: dosiW\8ted ~caliQn", SUch P'Cymcnb "'all Mt rOduce !he General -'9ll'_ Umi. shcwn in tOP. ~5 !\or enan they re- d""" .ny olller Desian_ I.aeallon Ganeml Aw"'lla'a Ufnij lor any _ d8liil"""'" '1o<:ati",," shown in the Sd\Od.... atlOYe. 4.. The timibi. stlQwn in the Dedaratlor\$ for Each Occurr_, I'l", ~ ond Medical E.- per... ""nIlnue '" appl~. _. n$1losd of being subject 10 lIle General Agg"'lla'~ lirrrt shOwr in !ht Oeclsratbn,. such !lmltS WJI De 6.lIt9e.:t to lilt, :Jpplicatie De~ locJ.!tlcn General AggfegHi(!l limit Page 160f 17