Signed Contract_ABC Supply Co., Inc._Lease Agreement 2nd Amendment SECOND AMENDMENT
TO
LEASE AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
AMERICAN BUILDERS AND CONTRACTORS SUPPLY CO., INC.
This Second Amendment to Lease Agreement dated for reference purposes the
day of & , 2016, is made and entered into by and between the City
of Dubuque, Iowa (Les r) and American Builders and Contractors Supply Co., Inc.
(Lessee).
WHEREAS, Lessor and Lessee entered into a Lease Agreement dated May 6,
2011, as amended, which Lease Agreement as amended expires May 31, 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:
1. Section 1.1 of the Lease Agreement is hereby amended to read as
follows:
1.1 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 known as 10 South Main St. Dubuque, IA 52003 which is comprised of
approximately 20,000 sq. ft. of warehouse as shown on 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 and restrictions of record (the Demised Premises), to have
and to hold for a term commencing as of the 1 st day of June, 2011 and ending at 11:59
p.m. on the 31st day of December, 2018 (the Term), subject to all of the terms,
covenants, conditions and agreements contained herein.
2. Section 2.1 of the Lease Agreement is hereby amended to read as
follows:
2.1 Rent.
(1) Lessee shall pay Lessor, in additional to taxes, fees (including but not
limited to storm water fees), rates, charges, levies, assessments, and all other
charges required to be paid under this Lease by Lessee, rent for the Term in the
amount of $47,271.37, in twelve equal monthly payments of $3,939.28
commencing on the 1St day of June, 2016, and on the first day of each month
thereafter.
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051616bal
3. Section 10 is amended to read as follows:
SECTION 10. INSURANCE
10.1 Lessee shall maintain during the term of this Lease insurance as set forth in the
City's Insurance Schedule A, as such schedule may from time to time be amended. The
current Insurance Schedule A is attached to this Lease. Lessor shall provide written
notice of any amendment to the Insurance Schedule not less than sixty days prior to the
effective date of such amendment.
10.2 Lessor shall maintain, or cause to be maintained, at its cost and expense
property insurance against loss and/or damage to the warehouse building located under
an insurance policy written with the "special perils" form and in an amount not less than
the full insurable replacement value of the building. Lessee shall reimburse Lessor
annually for Lessor's cost for such insurance within thirty days of receipt of a statement
from Lessor for such cost. Lessee shall notify City immediately in the case of damage
exceeding $50,000 in amount to, or destruction of, the building or any portion thereof
resulting from fire or other casualty. The proceeds of such insurance shall be paid
directly to Lessor, and Lessor shall determine, in its sole discretion, whether to repair,
reconstruct and restore the building to substantially the same or an improved condition
or value as it existed prior to the event causing such damage or to terminate this Lease
Agreement.
10.3 Any insurance for Lessee's personal 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.
4. All other terms of the Lease Agreement, as amended, shall remain in full
force and effect.
IN WITNESS WHEREOF, the parties have caused this Second Amendment to
Lease Agreement to be executed as of the day and year first above written.
LESSOR: LESSEE:
CITY OF DUBUQUE, IOWA AMERICAN BUILDERS AND
CONTRACTORS SUPPLY CO., INC.
By By
Michael C. Van Milligen Todd Buehl
City Manager Chief Financial O Icer
F\USERSIaserfiche LegaMBC Supplyl2nd Amendment ABC Supply Lease_051616bal.doc
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INSURANCE SCHEDULE A
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City of Dubuque Insurance Requirements for Tenants and Lessees of City Property or
Vendors(Suppliers,Service Providers),or Right of Way Permit Holders
Insurance Schedule A
1. shall furnish a signed Certificate of Insurance(COI)to the City of Dubuque,Iowa for
the coverage required in Exhibit I prior to contract or lease commencernent.All lessees of City property
and Right of Way Permit Holders shall submit an updated Col annually.
ally.Each Certificate shall be prepared
on the most currentACORD form approved by the Department of insurance or an equivalent,Eac h
certificate shall include a statement under Description of operations as to why issued.Eg* Project
# or Lease of premises at ar 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 ratingof 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 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.
5. All required endorsements to various policies shall be attached to Certificate of Insurance.
6. Whenever a specificlso 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 farm.
7Provider shall be required to carry the minimum coverage/limits,or greater if required by law or other
legal agreement,in Exhibit 1.
a. Whenever an ISO form is referenced the current edition of the form must be used. it provider's limits of
liability are higher than the required minimum limits then the provider's limits shall be this agreement's
required limits.
Page 1 of 3 Schedule A Property Or Vendors March 2016
City of Dubuque Insurance Requirements for Tenants and Lessees of City Property or
Vendors(Suppliers,Service Providers),or 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 $1,004'000
Each Occurrence $1,000,004
Fire Damage Lim-it(any one occurrence). $ 50,000
Medical Payments $ 5,000
-a) coverage shall be written on an occurrence,not claims made,form.The general liability
coverage shall bewritten in accord with ISO form CG0001 or business owners form 8130002.
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 non-contributory.
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 20 10([Ongoing operations)or its
equivalent.
g) If vendor utilizes Trikkes or Segways in the conduct of business,include an endorsement
reflecting that these vehicles are not excluded from Commercial General Liability coverage.
B) WORKERS'COMPENSATION?!EMPLOYERS LIABILITY
Statutory benefits covering all employees injured on the jab by accident or disease as prescribed by
Iowa Code Chapter 85 as amended.
Coverage A Statutory—State of Iowa
Coverage B Employers Liability
Each Accident $ioo'mo
Each Employee-Disease $144,000
Policy Limit-Disease $500,00
Policy shall include an endorsement providing a waiver of subrogation to the City of Dubuque.
C) EolLutlon_LlabifiU Coverage required: _yes X no
Pollution Liability coverage shall be required if lessee has any pollution exposures including
abatement of hazardous or contaminated materials including,but not limited to,petroleum products,
the removal of lead,asbestos,or PCB's.Pollution product.and complete operations coverage shall
also be covered.
$2,0011,000 each occurrence
$4,000,000 policy aggregate
a) Policy to Include premises and transportation coverage.
b) include additional insured as stated in Af above.
c) Include preservation of governmental immunity as stated in Ad above.
d) Provide evidence of coverage for 5 years after completion of project.
Page 2 of 3 Schedule A Property Or Vendors March 2016
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City of Dubuque Insurance Requirements for Tenants and Lessees of City Property or
Vendors(Suppliers,:Service Providers),or Right of Way Permit Holders
Preservation of Governmental Immunities Endorsement
1. Nonwalver 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, ClaJms Coverage.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 Immunity.The City of Dubuque,Iowa shall be responsible for asserting any
defense of governmental immunity,and may do soat any tirne and shall do so upon the timely
written request of the Insurance carrier,
4. Non-Denial of Coverage.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 goverrimental Immunity unless and until a court of competent
jurisdiction has ruled in favor of the defense(s)of goverpmental Immunity asserted by the City of
Dubuque,Iowa,
Ido Cather Chane in Policy.,The above preservation of governmental immunities shall not otherwise
change or,alter the coverage available under the policy.
S P E
DIME
Page 3 of a Schedule A Property or Vendors March 2016
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