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Signed Contract_Four Mounds Lease of 1101 Central Avenue r t AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND FOUR MOUNDS FOUNDATION This Agreement, dated for reference purposes the / :1~day of i�cj abet ,2016, is made and executed between the City of Dubuque, Iowa, (City), a municipal corporation, and Four Mounds Foundation, (Four Mounds), an Iowa non-profit corporation with its principle office in Dubuque, Iowa. WHEREAS, City and Four Mound desire to enter into an agreement (Agreement) whereby City grants permission to Four Mounds to use the former Colts Drum and Bugle Corps building located at 1101 Central Avenue (the Building), upon the terms and conditions hereinafter stated; NOW,THEREFORE, in consideration of the mutual covenants and agreements of the City and Four Mounds, each to the other, it is agreed as follows: SECTION 1. PREMISES. City hereby grants to Four Mounds the right to use the Building as set forth herein. SECTION 2. TERM OF AGREEMENT. The term of this Agreement is November 5, 2016 through April 29, 2017. SECTION 3. RENTAL. Four Mounds must pay to City on or before November 5, 2016 rent of$1.00. SECTION 4. USE OF PROPERTY. 4.1. Four Mounds agrees that the Building will be used only for the Winter Farmers Market. 4.2. Four Mounds sponsors the Winter Farmers Market from 9:00 a.m. to 12:00 noon every Saturday from November 5, 2016 through April 29, 2017. Set up for the Market will begin at 7:30 a.m.with doors closing at 1:00 p.m. The use of the Building will be limited to these Saturdays and the times listed only. 4.3 Four Mounds will provide tables and chairs that will be set up and taken down each Saturday and stored in the location designated by the Leisure Services Manager, If tables and chairs are left set up, they may be used for other events that might take place in the Building on other days and times of the week that are not outlined in this Agreement. 4.4 Four Mounds will be allowed to use the main meeting area, kitchen area and restrooms of the building. 10651 bcmb i A J 4.5 The City will provide one key to the volunteer of Four Mounds assigned to opening and closing the Winter Farmers Market. The key will be provided on the first day of the Term of this the Agreement and must be returned to the Leisure Services Manager on the final day of the Term of this Agreement, as outlined in Section 2. SECTION 5. GROUNDS AND MAINTENANCE. Four Mounds is responsible for the following: (2) Return of the Building to the original condition after each Farmers Market day. The areas used shall be swept and/or mopped after each use and restrooms cleaned at the end of use. (3) Trash will be collected and removed throughout the term of the Agreement. (4) Compliance with all applicable City ordinances, including building and electrical codes. SECTION 6. MANAGEMENT AND CONTROL OF THE BUILDING. Four Mounds agrees that City will continue to have sole management authority and control of the Building. SECTION 7. INSURANCE. Four Mounds shall provide insurance as required by the attached Insurance Schedule A. SECTION 8. INDEMNITY. Four Mounds agrees to save, defend, indemnify and hold harmless City, its officers, agents and employees, against any and all loss, damage, claims, causes of action, judgments, costs and expenses that City may hereafter suffer, incur, be put to, pay or lay out by reason of the performance or lack of performance by Four Mounds and/or its agents and employees of the conditions of this Agreement. SECTION 9. ASSIGNABILITY. Four Mounds shall not assignor transfer any interest in this Agreement. SECTION 10. TERMINATION. In the event Four Mounds fails to keep, perform and observe in a timely and proper manner any of its covenants or obligations under this Agreement, City may, at its option, terminate this Agreement by giving twenty-four (24) hours notice to Four Mounds, in which event Four Mounds shall immediately remove all of its displays or other equipment from the Building and restore the Building to its original condition. CITY OF DUBUQUE, IOWA FOUR MODS FOUNDATION By: By: Michae C. Van Milligen City Manager 2 i Aeo® CERTIFICATE OF LIABILITY INSURANCE F DATE(MM/DD/YYl'Y) `...►/ 1 7/21/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES 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 policy(ies) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Paul Donovan PHONE Ext).563-587-5000 FAx No), 563-583-7339 Cottingham&Butler E-MAIL - 800 Main St. RE Dubuque IA 52001 INSURERS AFFORDING COVERAGE NAIC# INSURERA:ACUITY,A Mutual Insurance Company 14184 INSURED FOUM01-11 INSURER B:Philadelphia Indemnity Insurance Co 18058 Four Mounds Foundation, Inc. INSURER C: 4900 Peru Rd Dubuque IA 52001-8304 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:665168384 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH 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.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE NSD WVD POLICY NUMBER MMIDDIIYYLICY YY POLICY EXP LIMITS B X COMMERCIAL GENERAL LIABILITY PHPK1413703 11/1/2015 11/1/2016 EACH OCCURRENCE $1,000,000 DE CLAIMS-MADE FX OCCUR PREMIAMAI SESENTED TOEa Roccurrence $100,000 MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY JECT PRO ❑ LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ A AUTOMOBILE LIABILITY F77826 11/1/2015 11/1/2016 MBINED IN LE LIMIT $ Ea accident 1,000,000 X ANY AUTO BODILY INJURY(Per person) $ AUTOWNED SCHEDULED BODILY INJURY(Per accident) $ HIRED AUTOS NON-OWNED PROPERTY DAMAGE $ AUTOS Per accident $ B X UMBRELLA LIAB X OCCUR PHUB519838 11/1/2015 11/1/2016 EACH OCCURRENCE $1,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $1,000,000 DED X I RETENTION$10,000 $ A WORKERS COMPENSATION F77826 11/1/2015 11/1/2016 PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE I I ER ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ N 1 A E.L.EACH ACCIDENT $500,000 EXCLUDED? OFFICER/MEMBER (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $500,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $500,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) The certificate holder is additional insured on the General Liability policy on a primary and noncontributory basis subject to all terms and conditions of the policy forms. Per location and per project aggregate endorsement form MGL232(04/07)is included in the general liability policy.A waiver of subrogation has been applied in favor of the certificate holder with respect to the workers'compensation policy. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Dubuque THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 50 W 13th St ACCORDANCE WITH THE POLICY PROVISIONS. Dubuque IA 52001 AUTHORIZED REPRESENTATIVE �J ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD