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Storybook Hill Children's Zoo Boosters - Request to Construct Pavilion Copyright 2014 City of Dubuque Consent Items # 15. ITEM TITLE: Storybook Hill Children's Zoo Boosters - Request to Construct Pavilion SUMMARY: City Manager recommending approval for the Storybook Hill Children's Zoo Boosters to construct a second new open air pavilion on the ground they lease from the City at Franklin D. Roosevelt Park. SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve ATTACHMENTS: Description Type Zoo Bosters Request to Construct Pavilion-MVM Memo City Manager Memo Zoo- Construct Pavilion Memo Staff Memo Zoo- Pavilion Request Letter Supporting Documentation Current Lease Supporting Documentation THE CITY OF Dubuque UBE I erica .i Masterpiece on the Mississippi 2007-2012-2013 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Request by Storybook Hill Children's Zoo Boosters to Construct a New Pavilion DATE: February 8, 2016 Leisure Services Manager Marie Ware recommends City Council approval for the Storybook Hill Children's Zoo Boosters to construct a second new open air pavilion on the ground they lease from the City at Franklin D. Roosevelt Park. Assistant City Engineer Bob Schiesl sees no issue with the placement relative to the Southwest Arterial project. I concur with the recommendation and respectfully request Mayor and City Council approval. Micliael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager Marie L. Ware, Leisure Services Manager THE CITY OF Dubuque UBgkE ;II a .i Masterpiece on the Mississippi 2007-2012-2013 TO: Michael C. Van Milligen, City Manager FROM: Marie L. Ware, Leisure Services Manager SUBJECT: Request by Storybook Hill Children's Zoo Boosters to Construct a New Pavilion DATE: January 28, 2016 INTRODUCTION The purpose of this memorandum is to request approval for the Storybook Hill Children's Zoo Boosters to construct a second new open air pavilion on the ground they lease from the City. DISCUSSION The Lease with the Zoo Boosters specifies if the Lessee would like to do improvements to the site they must request approval. Their request letter and map showing where the shelter would go is attached. We have reviewed the request as well as passed it by Assistant City Engineer Bob Schiesl. Bob sees no issue with the placement as relative to the Southwest Arterial project. We believe this improvement is a great addition for the Zoo and placement is positive for the site. RECOMMENDATION I respectfully recommend approval of the Boosters' request to construct a second pavilion. MLW:et attachments: Request letter Lease copy: Steve Fehsal, Park Division Manager 1 �•7 Kl+4 �fc13 'Y' '4i January 22, 2016 Marie Ware Leisure Services Manager 2200 Bunker Hill Road Dubuque, IA 52001 Dear Marie: The Board of Directors of the Storybook Hill Childrens Zoo would like approval from the City of Dubuque to construct a second open air pavilion on the grounds we lease from the City. We will apply for a DRA Grant to fund construction of this 24'X30' pavilion. It we receive this grant, construction would be done this summer/early fall. It will be a wooden structure will concrete floor. A red X on the enclosed map indicates the approximate location for this pavilion. The current pavilion is rented most every weekend day during the season and this second pavilion will allow us to address the growing need for more picnic area and increase our revenue from pavilion rental. Your support is appreciated. Sinc rely, Gil D. pence Secretary SLor,,book I1 11 Chi Idren's Zoic 563.588.2551 975 Grove Terrace Dubuque,IA 52001 www.storybookhillzoo.com "�'��:,v�'4"°�„ «3c�� '� f — .� �a;a"�.,z.. µ: �� ��C�a"� �;, 4�'�+�E w;�.,��r '�'� ��. 'k �, "'s�,�� *^" .��s �1.�.: �, ' Y" `-: -t ,�? tl t _ j, f� } F LEASE AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND DUBUQUE CHILDREN'S ZOO BOOSTERS, INC. THIS LEASE AGREEMENT, dated for reference purposes the 6cU7`day of / 22 , 2015, is made and entered into by and between the City of Dubuque, Iowa (City), whose address for the purpose of this Lease Agreement is 2200 Bunker Hill Road, Dubuque, Iowa, and Dubuque Children's Zoo Boosters, Inc. (the Zoo Boosters), whose address for the purpose of this Lease Agreement is 1724 Geraldine Drive, Dubuque, Iowa. WHEREAS, City is the owner of a public facility known, called and named Franklin D. Roosevelt Park (the Park); and WHEREAS, Zoo Boosters desires to lease a section of the Park, shown on Exhibit A (the Leased Premises), from City to operate a children's zoo (the Zoo); and WHEREAS, it is deemed to be in the best interest of both parties to this Lease Agreement and to the public in general that Zoo Boosters lease the Leased Premises. NOW, THEREFORE, the parties hereto mutually agree that City hereby leases to Zoo Boosters the Leased Premises upon the terms and conditions set forth herein. SECTION 1. TERM OF LEASE AGREEMENT. This Lease Agreement is for a term of one(1)year commencing May 1,2015,and terminating at midnight on April 30,2016.This Lease Agreement may be renewed upon mutual agreement of the parties forfour(4)one- year terms commencing May 1, 2016, 2017, 2018 and 2019 provided the parties agree in writing for each such extension by March 1 of the initial term and any subsequent term. SECTION 2. RENT. The annual rental of one dollar($1.00)must be paid to City by Zoo Boosters on or before the 1st day of May, 2015 and on May 1 of each renewal term. SECTION 3. USE OF THE AREA. Zoo Boosters agree that during the term of the Lease Agreement, the Leased Premises will be used exclusively for zoo purposes. Animals displayed at the Leased Premises are limited to domesticKaml type animals. No animals may remain at the Leased Premises between October 1 st and May 1 at of each year of this Lease Agreement. SECTION 4. GROUNDS AND BUILDING MAINTENANCE. 4.1 Zoo Boosters are responsible for parking lot maintenance, well maintenance and repair, septic system maintenance and repair, and playground and picnic area development and maintenance at the Leased Premises. City will provide trash pickup on a schedule to be determined entirely at City's discretion. 031115bal 4.2 Zoo Boosters are responsible for all grounds maintenance and improvements, including but not limited to grass cutting, walkway, tree, flowerbed, and general grounds maintenance at the Leased Premises. 4.3 Zoo Boosters are responsible for all building maintenance and improvements, including but not limited to interior and exterior building repair and painting, heating system maintenance, plumbing, electric, roof repair and maintenance, and pest control at the Leased Premises. 4.4 Any improvements made by Zoo Boosters must remain on the Leased Premises upon termination of this Lease Agreement, and will then become the property of City. Any proposed material improvements or modifications to the Leased Premises must be submitted in writing to the Leisure Services Manager for approval,which approval may not be unreasonably withheld. 4.5 All improvements made by Zoo Boosters must be built, erected and maintained in strict conformity with all applicable federal, state or municipal statutes and ordinances,and rules and regulations of the City of Dubuque Park and Recreation Commission. SECTION 5. STAFFING. Zoo Boosters must provide competent and qualified staff under appropriate supervision to plan and implement its activities and to care for the zoo. SECTION 6. MANAGEMENT AND CONTROL. The sole management authority and control of the Leased Premises is by Zoo Boosters. SECTION 7. MONIES AND CONTRIBUTIONS.Zoo Boosters agree that all monies and contributions derived from the Leased Premises will be used to operate, maintain, and improve the zoo. SECTION 8. CARE AND DISPLAY OF ANIMALS. 8.1 Zoo Boosters agree to comply with all federal, state and local laws for the care of animals displayed at the zoo. All federal, state and local licenses or permits for the confinement and exhibition of animals must be obtained by Zoo Boosters and copies thereof must be furnished to City. 8.2 All animals must be displayed in a cage or pen in such a manner as to prevent human contact. The cage or pen must be fenced in such a manner to prevent humans from reaching into the cage or pen. The petting of animals by visitors to the zoo must be strictly prohibited, except for the petting of goats and horses, which may be displayed in such a way to allow petting. Any animal found dead must be removed by Zoo Boosters from the Leased Premises immediately. SECTION 9. INSURANCE. Zoo Boosters must maintain during the term of this Lease Agreement insurance as set forth in the attached Insurance Schedule A. 2 SECTION 10. ASSIGNABILITY. Zoo Boosters may not assignor transfer any interest in this Lease Agreement without the prior written approval of City. Such prohibition includes contracts with third parties for the custody, management or operation of the Leased Premises. SECTION 11. TERMINATION. 11.1 In the event either party fails to keep, perform and observe in a timely and proper manner any of its covenants or obligations under this Lease Agreement and any such violation is not cured or remedied within thirty(30) days after the date the party receives written notice from the other party of such failure or violation, or, if it is not practicable to cure or remedy such failure or violation within such thirty-day period, within such longer period as is reasonable under the circumstances, and as is specified in such notice,then, in such event, the other party may, at its option,terminate this Lease Agreement bywritten notice to the other. Upon termination, City has the right to enter the Leased Premises and assume exclusive use and control thereof. 11.2 This Lease Agreement may also be terminated by City, upon sixty(60)days written notice to Zoo Boosters, if the Park is sold or the Leased Premises is needed, in City's sole discretion, for any purpose deemed appropriate by City. 11.3 Upon termination of this Lease Agreement for any cause whatsoever,Zoo Boosters, at the option of City, agree to surrender possession of the Leased Premises in its condition as when first leased or to restore the leased premises to substantially the same condition, ordinary wear and tear excepted. SECTION 12. INSPECTIONS. City reserves the rightto conduct periodic inspections Of the Leased Premises for the purpose of determining whether the terms and conditions of this Lease Agreement are being promptly and faithfully performed by Zoo Boosters. Signed in duplicate by the parties hereto. CITY OF DUBUQUE, IOWA DUBUQUE CHILDREN'S ZOO gg BOOSTERS, INC. By: Rey P. Gael, Mayer 'John Markham, President Karla A. Braig , Mayor Pro Tem ATTEST: � � f By: Trig it Gity clerk Kevin S . Firnstahl , City Clerk 3 Jllil� r P sarelnn QIP neiler �a -s ���� W1,11, APMHIn/ �I ��� 9 I P r � � � +a Fv4p• A 's dyP e 1 ndge "1. L it 1 � i �e�Roatl 1 �lyst", ad ,� f �(f� ,�� i �1 � ✓' 1���� i``��— ,L,j / . �, z ,� art re J�,J� d\I�\T���e. � �1 �" I Blke Trall woo omcoeoo ` MOUntall Bo.ndary da, Bou ® -, Final Maslen Plan ..an.® Roosevelt Park CQOEWRnCE ACCWth? CERTIFICATE OF LIABILITY INSURANCE MATIIMWMO- 4rza D1s THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLOM THIS CERTIFICATE DOER NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the pollcy(ies)must be endorsed. If SVBROGATON IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement, A statement on IPOs certificate doss nal confer none;'.,he curifcate held.,in It..of each and.mement id. .011.1ER ' Paula F' Friedman insurance.In.. MAxoIIEE Sri PO PO BON 769 Dubuque IA 520N-0759 L USzgBmldpfLfdanmen-D woust s arroboIROL,COYEpgii Ngpf INSURERA: .85f Bentl C pppjl I, DUBUCHW1 Iusunsae: Dubuque Children's Zoo Boosters do Ran Gansen --- 2350 Coates Street .emv: Dubuque IA 52003 I...a: summer COVERAGES CERTIFICATE NUMBER:1730720431 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUPIR To THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT Wpi RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN.THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.UMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. YRANOEm paIXYNUNBER PIYO YFYP MHR9 A'x Too OEom"DROUE,IM aw'ste5 ISrHItS r tl51201e EwEInuccum NE[ SLRWDaa X Us EOMMENGENSRALLIgpIUIY - CINNs.N\aE OL4M -AFiIISkBIEdMFexx� B NEn En I_Aryhsy l SEu sEcau tWatl _ PGSnWLI IN1URY YI WBOBO _ GE.E}ULAOGREGATE Road DOT DE_IhgclaRErGATELMIi KRAES eER epncemTS_aQMPmP Are $2tlp BOB POLILV I Hom s q.raLgalLEDeWUTY PM'Mna _ walV WIURY IpMowaR1 E FjR0,5 w RVOMrOES e.DeYN.U., en., E wAUT )a_ AUe HE➢ e E 9 NUDhe6 MGREW UAB ICCEIXr I ....U.. f LLNNS.MAP I. RETEN110NE E pOB scaMPEW&LRoptimalyA15 SMB RX MIY NPMFiIETdNP,W`uE�EC"The YO NIA E4EP_x Abcm NT a flW Wn IMmL brvFI.Np X name DE FA a.,,D'al S1oobw O"6111011.10mmR T.N.. EL DIS— -."'..IT 10.00110 PrONOF OPERALgH91LOCAnOX51 VExFIFS IgtlM,A[OPa IDI,nOmvoml RamWxS ule.IFmomxpxx6meYntll TheCityof Dubuque,including all of its elected and appointed officials,all its employees and VOlunleers,all its boards,Commisons and/or authorities and their board members,employees and volunteers are listed as Additional Insureds on the above General Liability an a primary antl non-Conlribulory basis per attached Endorsement Form 201 DV.Endorsement CG2504-Designated Locations is attached. GDYeromenlal Immunities Endorsement is banned, Amandmenl-Who is an Insured Endorsement is attached. CERTIFICATE HOLDER CANCELLATION SHOULD ANYOFTHEABOVE DESCRIBED POLICIES BECANCELLED BEFORE THE IXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City Of Dubuque ACCORDANCE YrrTH THE POUCY PROVIs10NS, City Hall 50 W 13th Street Asrve Dubuque IA 520014805 vs E ©1958-20111 ACORD CORPORATION. All rights reserved. ACORD 25(201OM5) The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Additional Insured Person(s)Or Organization(s): City of Dubuque 50 W 13th St Dubuque, IA 52001-4805 Location(s)of Covered Operations: Various Locations Information required to Complete this Schedule,if not shown above,will he shown in the Declarations. A. Section It—Who Is An Insured is amended to The insurance with respect to such archi- include as an additional insured the person(s)or lects, engineers, or surveyors does not organization(s) shown in the Schedule, but only apply to "bodily injury," "property dam- with respect to liability for"bodily injury", "prop- age," or "personal and advertising injury" any damage" or"personal and advertising injury" arising out of the rendering of or the fail- caused, in whale or in part, by: ure to render any professional services by 1. Your acts or omissions;or or for you, including: 2. The acts or omissions of those acting on your a. The preparing, approving, or failing to behalf; prepare or approve maps, drawings, opin- ions, the performance of our ongoing opera- ions, reports, surveys, change orders, de- in Y 9 9 P signs or specifications; and tions for the additional Insureds) at the loca- tions)designated above. b. Supervisory, inspection, or engineering services. However. 1. The insurance afforded to such additional B. With respect ur the insurance afforded to these insured only applies to the extent permitted additional insureds, the fallowing additional ex- insured PP P elusion applies: by law;and This insurance does not apply to"bodily injury'or 2. If coverage provided to the additional insured 'property damage"occurring after. is required by a contract or agreement, the insurance afforded to such additional insured 1. All work, including materials, parts or equip- will not be broader than that which you are ment furnished in connection with such work, required by the contract or agreement to pro- on the project (other than service, mainte- vide for such additional insured. nance or repairs) to be performed by or on I( the name of the arson or organization behalf of the additional insured(s)at the loca- P 9 tion of the covered operations has been com- stated above includes any architect, engineer plated;or or surveyor,the following applies: Contains material copyrighted by ISO, with its permission. CG 20 10 Y 07 04 West Bend Mutual Insurance Company Page 1 of 2 West Bend, Wisconsin 53095 INSURANCE SCHEDULE A 4 City of Dubuque Insurance Requirements for Tenants and Lessees of City Property or Vendors (Suppliers,Service Providers), and Right of Way Permit Holders Insurance Schedule A 1. shall fumish a signed Certificate of Insurance(COI)to the City of Dubuque,Iowa for the coverage required in Exhibit I prior to contract or lease commencement.All lessees of City property and Right of Way permit Holders shall submit an updated COI annually.Each Certificate shall be prepared an the most current ACORD form approved by the Department of Insurance or an equivalent.Each certificate shall include a statement under Descri ption of Operations as to why issued.Eg: Project a or Lease of premises at or construction of or right of way permitted location and description 2. All policies of insurance required hereunder shall be with a carrier authorized to do business in Iowa and all carriers shall have a rating of A or better in the current A.M.Best's Rating Guide. 3. Each Certificate shall be furnished to the contracting department of the City of Dubuque. 4. Failure to provide minimum coverage shal l not be deemed a waiver of these requirements by the City of Dubuque. Fs ilure to obtain or maintain the required ensu ra nce shall be considered a material breach of this agreement. 5. All required endorsements to various policies shall be attached to Certificate of Insurance. 6. Whenever a specific ISO form is listed,an equivalent form may be substituted subject to the provider identifying and listing in writing all deviations and exclusions that differ from the ISO form. ]. Provider shall be required to ca rry the minimum coverage/Ilmits,or greater if required by law or other legal agreement,in Exhibit 1. 8. Whenever an ISO form is referenced the current ed ition of the form must be used. Page 1 of 3 schedule A,Property Or Vendors(Suppliers,Service Providers)April 2014.Doc 5 City of Dubuque Insurance Requirements for Tenants and Lessees of City Property or Vendors (Suppliers, Service Providers), and Right of Way Permit Holders Insurance Schedule A (continued) Exhibit I A) COMMERCIAL GENERAL LIABILITY General Aggregate Limit $2,000,000 Products-Completed Operations Aggregate Limit $1,000,000 Personal and Advertising Injury Limit $1,000,000 Each Occurrence $1,000,000 Fire Damage Limit(any one occurrence) $ 50,000 Medical Payments $ 5,000 a) Coverage shall be written on an occurrence,not claims made,form. All deviations from the standard ISO commercial general liability form CG 0001,or Business owners form BP 0002, shall be clearly identified. b) Include ISO endorsement form CG 25 04"Designated Location(s)General Aggregate Limit" c) Include endorsement indicating that coverage is primary and noncontributory. d) Include endorsement to preserve Governmental Immunity.(Sample attached). e) Include an endorsement that deletes any fellow employee exclusion. f) Include additional insured endorsement for: 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.Use ISO form CG 2010. (Ongoing operations). g) If vendor utilizes Trikkes or Segways in the conduct of business,include an end orsement reflecting that these vehicles are not excluded from Commercial General Lia bilrby coverage. B) WORKERS'COMPENSATION&EMPLOYERS LIABILITY Statutory benefits covering all employees Injured on the job by accident or disease as prescribed by Iowa Code Chapter 85 as amended. Coverage Statutory—State of Iowa Coverage Employers Liability Each Accident $100,000 Each Employee-Disease $100,000 Policy Limit-Disease $500,000 Policy shall include an endorsement providing a waiver of subrogation to the City of Dubuque. Page 2 of Schedule A,Property Or Vendors(Suppliers,Service Providers)April 2014.Doc 6 City of Dubuque Insurance Requirements for Tenants and Lessees of City Property or Vendors(Suppliers, Service Providers), and Right of Way Permit Holders - Preservation of Governmental Immunities Endorsement 1. Nonwaiver of Governmental Immunity.The insurance carrier expressly agrees and states that the purchase of this policy and the including of the City of Dubuque,Iowa as an Additional Insured does not waive any of the defenses of governmental immunity available to the City of Dubuque,Iowa under Code of Iowa Section 670.4 as it is now exists and as It may be amended from time to time. 2. Claims Coverage The insurance carrier further agrees that this polity of insurance shall cover only those claims not subjectto the defense of governmental immunity underthe Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time.Those claims not subjectto Code of Iowa Section 670.4 shall be covered by the terms and conditions of this insurance policy. 3. Assertion of Government Immunity.The City of Dubuque, Iowa shall be responsible forasserting any defense of governmental immunity,and may do so at any time and shall do so upon the timely written request of the Insurance carrier. 4. Non-Denial of Coverage.The Insurance carriershall 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 ofthe defense(s)of governmental Immunity asserted by the City of Dubuque, Iowa. No Other Change in Policy.The above preservation of governmental Immunities shall not otherwise change or alter the coverage available under the policy. SPECIMEN Page 3 of 3 Schedule A,Property Or Vendors(Suppliers,Service Providers)April 2014.Doc THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Additional Insured Person(s)Or Organization(s): Location(s)of Covered Operations: Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Section If — Who Is An Insured is amended to a. The preparing, approving, or failing to include as an additional Insured the person(s) or prepare or approve maps, drawings, organization(s) shown in the Schedule, but only opinions, reports, surveys, change orders, with respect to liability for"bodily injury", "property designs or specifications;and damage" or "personal and advertising injury" b. Supervisory, inspection, or engineering caused, in whole or in part, by: services. 1. Your acts or omissions;or B. With respect to the Insurance afforded to these 2. The acts or omissions of those acting on your additional insureds, the following additional ex- behalf; clusion applies: in the performance of your ongoing operations This insurance does not apply to"bodily injury"or for the additional insureds) at the location(s) "property damage"occurring after: designated above. There is no coverage for t, All work, including materials, parts or equip- the additional insured for bodily injury', ment famished in connection with such work, property damage" or "personal and advertis- on the project (other than service, mainte- ing injury" arising out of the sole negligence of nance or repairs) to be performed by or on the additional insured or by those acting on behalf of the additional insured(s) at the less- behalf of the additional insured. tion of the covered operations has been com- If the name of the person or organization pleted;or stated above includes any architect, engineer 2. That portion of 'your work" out of which the or surveyor,the following applies: injury or damage arises has been put to Its The insurance with respect to such archi- intended use by any person or organization tects, engineers, or surveyors does not other than another contractor or subcontractor apply to "bodily injury," "property damage," engaged in performing operations for a princi- or"personal and advertising injury" arising pal as a part of the same project. out of the rendering of or the fallure to render any professional services by or for you, including: Contains material copyrighted by ISO,with Its permission. CG 20 10 X 07 04 West Bend Mutual Insurance Company Page 7 of 2 West Bend,Wisconsin 53095 If a written contract between you and the addi- If any of the other insurance does not permit tional insured specifically requires that this insur- contribution by equal shares,we will contribute by ance be primary, then the insurance afforded by limits. Under this method, each insurer's share is this endorsement is primary insurance and we based on the ratio of Its applicable limit of insur- will not seek contribution from any other insur- ance to the total applicable limits of insurance of ance available to the additional insured named in all insurers. this schedule unless the other insurance is pro- If no contract between you and the additional in- vided by a contractor other than the named In- sured requires that this insurance be primary, sured. Then we will share with that other insur- then the coverage granted to the additional fin- ance by the method described below. sured under this endorsement shall be excess If all of the other insurance permits contribution over any other valid and collectible insurance. by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, which- ever comes first. Copyright, Insurance Services Office, Inc., 1996 Page 2 of 2 West Bend Mutual Insurance Company CG 2010 X 07 04 West Bend, Wisconsin 53095 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED LOCATION(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Location(s): Information required to complete this Schedule if not shown above,will be shown in the Declarations. A. For all sums which the insured becomes legally b. Claims made or"suits' brought; or obligated to pay as damages caused by "occur- C. Persons or organizations making claims or rences" under Section I—Coverage A, and for all bringing "suits". medical expenses caused by accidents under Section I —Coverage C, which can be attributed 3. Any payments made under Coverage A for only to operations at a single designated "loca- damages or under Coverage C for medical tion"shown in the Schedule above: expenses shall reduce the Designated Loca- l. A separate Designated Location General tion General Aggregate Limit for that desig- Aggregate Limit applies s to each designated hated "location', Such payments shall not re- "location", and that limit is equal to the duce the General Aggregate Limit shown in the Declarations nor shall they reduce any amount of the General Aggregate Limit other Designated Location General Aggre- shown in the Declarations. gate Limit for any other designated "location" 2. The Designated Location General Aggregate shown in the Schedule above. Limit Is the most we will pay for the sum of all 4. The limits shown in the Declarations for Each damages under Coverage A, except dam- Occurrence, Damage To Premises Rented To ages because of "bodily Injury" or 'property You and Medical Expense continue to apply. damage" included in the 'products-completed However, instead of being subject to the operations hazard", and for medical expenses General Aggregate Limit shown in the Decla- under Coverage C regardless of the number rations, such limits will be subject to the appli- of: cable Designated Location General Aggre- a. Insureds; gate Limit. CG 25 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 2 B. For all sums which the insured becomes legally C. When coverage for liability arising out of the obligated to pay as damages caused by "occur- "products-completed operations hazard" is pro- rences"under Section I—Coverage A, and for all vided, any payments for damages because of medical expenses caused by accidents under "bodily injury" or "property damage" included in Section I — Coverage C, which cannot be attrib- the "products-completed operations hazard" will uted only to operations at a single designated reduce the Products-completed Operations Ag- "location"shown in the Schedule above: gregate Limit, and not reduce the General Ag- 1. Any payments made under Coverage A for gregate Limit nor the Designated Location Gen- damages or under Coverage C for medical eral Aggregate Limit. expenses shall reduce the amount available D. For the purposes of this endorsement, the Defi- under the General Aggregate Limit or the nitions Section is amended by the addition of Products-completed Operations Aggregate the following definition: Limit,whichever is applicable;and "Location" means premises involving the same or 2. Such payments shall not reduce any Desig- connecting lots, or premises whose connection is nated Location General Aggregate Limit. Interrupted only by a street, roadway, waterway or right-of-way of a railroad, E. The provisions of Section III — Limits Of Insur- ance not otherwise modified by this endorsement shall continue to apply as stipulated. Page 2 of 2 ©Insurance Services Office, Inc., 2008 CG 25 04 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. IOWA GOVERNMENTAL IMMUNITIES ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Governmental Jurisdiction(s): Information required to complete this Schedule,if not shown above,will be shown in the Declarations. Nonwaiver of Governmental Immunity Non-Denial of Coverage We expressly agree and state that the purchase of We shall not deny coverage under this policy and we this policy and including the governmental jurisdlc- shall not deny any of the rights and benefits accruing tions) shown In the schedule as an additional in- to the governmental jurisdiction(s) shown in the sured does not waive any of the defenses of gov- schedule under this policy for reasons of govern- ernmental immunity available to the jurisdiction(s) mental immunity unless and until a court competent under Code of Iowa Section 670.4 as it now exists jurisdiction has ruled in favor of the defense(s) of and it may be amended from time to time. governmental immunity asserted by the governmen- Claims Coverage tal jurisdictions)shown in the schedule. We further agree that this policy shall cover only No Other Change in Policy those claims not subject to the defense of govern- We and the governmental jurist iction(s) shown In mental Immunity under the Code of Iowa Section the schedule agree that the above preservation of 670.4 as it now exists and as it may be amended governmental immunities shall not otherwise change from time to time. or alter the coverage available under the policy. Assertion of Government Immunity The governmental jurisdiction(s) shown in the schedule 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 us. Nothing contained in this endorse- ment shall prevent us from asserting the defense of governmental immunity on behalf of the governmen- tal jurlsdiction(s) shown in the schedule. WB 1882 GL 0414 West Bend Mutual Insurance Company Page 1 of 1 West Bend,Wisconsin 53095 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT - WHO IS AN INSURED This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM With respect to your"employees": 1. Paragraph 2.a.(1) of Section 11—Who Is An Insured of the Commercial General Liability Coverage Form is amended as follows: (1) "Bodily Injury"or"personal injury"(or"personal and advertising injury" if defined as such in your policy): a. To you,or your partners or members(if you are a partnership orjoint venture), or to your members (If you are a limited liability company); or to your volunteer workers while performing duties related to the conduct of your business. b. For which there is any obligation to share damages with or repay someone else who must pay dam- ages because of the Injury described in paragraph (1)(a)above; or c. Arising out of his or her providing or failing to provide professional health care services. 2. Paragraph 3.a. of Section II — Who Is An Insured of the Commercial General Liability Coverage Form is deleted. Contains material copyrighted by ISO,with its permission. WB 1460 03 04 West Bend Mutual Insurance Company Page 1 of 1 West Bend, Wisconsin 53095