Signed Contracts_Colleen Lindstrom DBA Dubuque by Carriage 11th Amendment to Lease Copyright 2014
City of Dubuque Consent Items # 24.
ITEM TITLE: Signed Contracts
SUMMARY: Colleen Lindstrom d/b/a Dubuque by Carriage Eleventh
Amendment to Lease Agreement
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File
ATTACHMENTS:
Description Type
Lindstrom/ Dubuque by Carriage 11th Amendment to Supporting Documentation
Lease Agreement
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ELEVENTH AMENDMENT
TO
LEASE AGREEMENT
BETWEEN THE CITYOF DUBUQUE, IOWA
AND
COLLEEN B. LINDSTROM d/b/a DUBUQUE BY CARRIAGE
This Eleventh Amendment to Lease Agreement between the City of Dubuque,
Iowa (Lessor) and Colleen B. Lindstrom f/k/a Colleen Bradley d/b/a Dubuque By
Carriage (Lessee) is made as of the 23Nay of April, 2016.
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WHEREAS, Lessor and Lessee entered into a Lease Agreement dated April 27,
2001, as amended, which Lease Agreement as amended expires April 30, 2016; and
WHEREAS Lessor and Lessee desire to extend the term of the Lease
Agreement.
NOW, THEREFORE, IT IS AGREED BY AND BETWEEN LESSOR AND
LESSEE AS FOLLOWS:
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1. The first paragraph of Article I of the Lease Agreement is hereby amended to
read as follows:
1. In consideration of the rents hereinafter reserved and the terms,
covenants, conditions and agreements set forth in this Lease, Lessor hereby leases to
Lessee the real property described in Exhibit A attached to and made a part of this
Lease, together with any and all easements and appurtenances thereto and subject to
any easements that are restrictions of record (the "Demised Premises") to have and to
hold for a term of two years commencing on the 1 St day of May, 2016, and terminating at
11:59 p.m. on the 30th day of April, 2018, subject to all of the terms, covenants,
conditions and agreements contained herein.
2. Article IX is amended to read as follows:
ARTICLE IX
INSURANCE
9.1 Lessee shall maintain during the term of this Lease insurance as set forth
in the City's Insurance Schedule E, as such schedule may from time to time be
amended. The current Insurance Schedule E is attached to this Lease. Lessor shall I
provide written notice of any amendment to the Insurance Schedule not less than sixty
days prior to the effective date of such amendment.
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9.2 Any insurance for Lessee's property kept on the Demised Premises shall
be at Lessee's expense and Lessee agrees to hold Lessor harmless for any loss or
damage to such property by fire or natural causes.
3. All other terms of the Lease Agreement and previous amendments shall remain
in full force and effect. j
IN WITNESS WHEREOF, the parties have caused this Eleventh Amendment to {
Lease Agreement to be executed as of the day and year first above written.
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LESSOR: LESSEE:
CITY OF DUBUQUE, IOWA DUBUQUE BY CARRIAGE
G
By B
Michael C. Van Milligen Cileen'bf. Lindstrom
City Manager Owner
F:\USERS\tsteckle\Lindahl\Agreements\DubuqueByCarriage_11 thAmendment_030916.doc
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INSURANCE SCHEDULE E
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City of Dubuque Insurance Requirements for Motorized
and Non-Motorlized Vehicles for it
Insurance Schedule E
shall furnish asigned Certificate of insurance to the City at Dubuque,Iowa for the
coverage required in Exhibit I prior the effective date of the permit,and at the end of the.permit If the
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term ofworkisf ager then 5odays. Each Certificate shall be prepared on the most current ACORD form
approved by the Iowa Department of insurance or an equivalent.Each certificate shatr ncl:ude a statement
under Description.of Operations as to why issued.Eg: Project#
2. All policies of insurance required hereunder shaff he with a carrier authorized to do business in Iowa and all
carriers shall have a rating ofA or betterin the current A.M.Best's Rating Guide.
I Each Certificate,shall be furnished to the City Clerk of the City of Dubuque.
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4. Failure to provide m1nimum coverage shall not be deemed a walver of these requirements by the City of
Dubuque. The filing of the Certificate of Insurance is a condition to granting and maintaining operator
permits and the failure to:obtain or,maintain the required insurance shall be considered aftlaterial breach
of this agreernent and shall be grounds for revocatIon by the C-4 Manager and upon such revocation,such
permit holder shall cease business as an operator unless and until the permit is reissued by the City
Manager.
S., All required endorsements to varl.sous policiesshall be attached to Certificate of insurance.
6. Whenever a specific!So farm is listed,an equivalent form may be substituted subject to the provider
Identifying and listing Inwriting alai deviations and exclusions that differ from the ISO form.
7. Operator shall be required to carry the minimum coveragellim.11s,or greater ifrequired by law or other
legat agreement,in,Exhibit 1.If provider's limits of liabflity are higher than the required minirnurr;t limits
then the provider's limits shalt be this agreament's required limits.
8. Whenever an IS fa rrn is referenced the current:edition No n of the form m,ust be used
Page I of 3 Schedule E Motorized And Non-Motarlzed`-hilcles For Hire January 2016
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City of Dubuque Insurance Requirements for Motorized
and Non-Motorized Vehicles for Hire
Insu'rance Schedule E (continued),
Exhibit I
Motorized Vehicles for Hire
a) Commercial Automobile Liability
Limit of Liability
Uninsured and Underinsured Motorists $.1'000'aco
b) Workere Compensation& Employers Liability
Statutory benefits covering all employees injureon thejob by accident or disease as
prescribed by Iowa code Chapter&9,as amended.
A Statutory—state of Iowa
Coverage B Employers Liability
Each Accident
Each Employee-Disease
Policy Limit-Disease $5a0A00
Policy shall include an,endorsement providing a waiver of'subrogation to the City of Dubuque.
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;h on-motorized Ve' 1des for Hire
A) COM MERCIAL GENERAL UAMUTY
General Aggregate Limit $2,000"000
Products-Completed Operations Aggregate Limit $1i00o'000
Personal and Advertising Injury Limit $1,000,000
Each Occurrence $1,000,000
Fire.Damage Limit(anyone occurrence,) $ 50,000
Medical Payments
a) Coverage shall be written on an occurrence,not claims rnade,form.The general liability
coverage shall be written in accord with ISO form CG0001 or business owners form BP0002.
All deviationsfrarn the standard ISO commercial general Rablilty form CG 0001 •orBusiness
owners form BP 0002,shall be clearly identified.
by include additional Insured endorsement fon
The City ofDvbuq,ueJndud1n9 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 2026.
c) include endorsement to preserve governmental immunity. (Sample attached.)
Page 2 of 3 Schedule E Matorized.And Non-Motorized Vehicles For Hire Jarluary 2016
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City,of Dubuque Insran ce .Req irements for Motorized
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and Non�M otorized Vehicles for Hire
Preservation of Governmentallmmunities, Endorsement
1. Torr mralver of Governmentalfrnmunjtw,�_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 lowa Section 670.4 as it is now exists andas it may be amended from time to time.
2. Claims Coverage.Tice insurance carrier furdier agrees that this policy of insurance shall cover only
those claims notsubject to the defense of governmental Irnmunity under the Code of Iowa Section
670.4as 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,
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'IV of Dubuque Iowa shall be responsible for asserting any. Assertion of Governme, t The CA P
defense of governmental imMunity,and rnay do so at anytime and shall do so upon dietimely
written request of the insurance carrier.
4. Non-Dental of Covera e,.The Insurance carrier shall not deny coverage under flifs policy and the
Insurance carrier shall not deny any of the rights-and benefits accruing to the City of Dubuque,Iowa
under this policy for reasons of governmental immunity unless and until a court of competent
jurisdiction has ruled:In favor of the defense(s)of governmental immunity asserted by the City of
Dubuque Iowa.
_No Other Change ln'Poli The above preservation of governmental imm.unities shall,not atherwise
change or after the coverage available under the policy.
SP' 'ECIMEN
Page 3 of 3 Schedule E Motorized And Non-Motorized"Vehicizes Far Hire January 2016
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