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Miracle League of Dubuque - Field Development Agreement, Naming Recog, CAT Grant Copyrighted October 1, 2018 City of Dubuque Action Items # 2. ITEM TITLE: Miracle League of Dubuque - Field Development Agreement, Naming Recognition Request and CAT Grant Application for Veteran's Memorial Park SUMMARY: City Manager recommending approval of Miracle League Field DevelopmentAgreement, Naming Recognition Request and CAT Grant Application for the Veteran's Memorial Park. RESOLUTION Approving CAT Grant application to Enhance lowa for Miracle League of Dubuque Baseball Field and All-Inclusive Playground Project SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve and Adopt Resolution ATTACHMENTS: Description Type Miracle League Field De�lopment Agreement-NNM City Manager Memo Memo Staff Memo - Field Agreement Staff Memo Naming Recognition-NNM Memo Supporting Documentation Naming Recognition Staff Memo Staff Memo Miracle League Letter re Naming Rights Supporting Documentation Miracle League Information Supporting Documentation Background Information Supporting Documentation Staff Memo -Approving CAT Grant Staff Memo Miracle League Field Agreement By and Between the City of Dubuque, IA and the Miracle League of Supporting Documentation Dubuque Miracle League of Dubuque CAT Grant Executive Supporting Documentation Summary Miracle League of Dubuque CAT Grant Resolution Resolutions Dubuque County Board of Supervisors Resolution to Supporting Documentation Miracle League Project THE CTTY OF Dubuque �" ui���eNe�ary DUB E 'il��i;' Masterpiece on the Mississippi Z°°' Z°'Z 2013 2017 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Approval of Miracle League Field Development Agreement by and between the City of Dubuque, lowa and Miracle League of Dubuque DATE: September 27, 2018 Leisure Services Manager Marie Ware advises that discussions with Miracle League of Dubuque have come to a successful conclusion and she is recommending approval of the following: 1 . Miracle League Field Development Agreement between the City of Dubuque and Miracle League of Dubuque to develop a Miracle League baseball complex at Veteran's Park. 2. Opportunities for Miracle League to create naming opportunities to facilitate their fundraising efforts. 3. State of lowa Community Attractions and Tourism (CAT) grant application for $500,000 to support development of the project, including a $50,000 City match, as required by the State of lowa. Tom and Carol Witry and Merle and Mary Santjer have a passion for persons with special needs. They had a dream and vision to provide opportunities for persons with special needs to play baseball and have an all-inclusive playground beyond anything we currently have in Dubuque. Their vision is to build a Miracle League baseball field and all-inclusive playground for the Dubuque area children and adults with special needs. Miracle League is a national organization that serves children and young adults who suffer from any physical or mental disability that causes them to be excluded, whether intentionally or not from conventional youth baseball leagues. There are over 250 Miracle League organizations across America. Locally the Witrys and Santjers established Miracle League of Dubuque, a 501(c) 3 nonprofit that has a very active Board of Directors. Miracle League of Dubuque has been fundraising to build the Miracle field, all-inclusive playground and amenities at VeYs Park ever since. They have received donations from individual donors, businesses and community foundations. Assistant City Attorney Maureen Quann and Leisure Services Manager Marie Ware have negotiated this Development Agreement and Lease with Miracle League of Dubuque. Separately on this City Council agenda, the lease is being set for public hearing. Highlights of the Development Agreement include the following: • Miracle League of Dubuque is fundraising for the construction of all the amenities described in the agreement. The total project is estimated at $3.59 million. • The City will dedicate the area defined to Miracle League during the construction phase and Miracle League will complete all the construction with funds raised. The project elements include relocation of Veterans Field 3, Miracle League field, an all-inclusive playground, a new restroom/concession/classroom/storage building, family plaza and picnic/shade park, parking lot modification to add a drop off-loop, entry pavilion and Hall of Fame Boulevard. • After the project is complete the City of Dubuque will be in charge of day-to-day maintenance of all the amenities constructed. The city will pay for utilities and trash removal. The Miracle League Complex will be used and owned by the City as a public park to be enjoyed by all. • The City of Dubuque will partner with Miracle League of Dubuque to provide a Miracle League program in the summer and the fall. The League is the first priority use of the Complex. • The City or a contractor of the City's choice will operate a concession stand during league play. • The City agrees to be a co-applicant for a Community Attractions and Tourism grant (CAT grant). The City agrees also to contribute an amount not more than $50,000 to the Miracle League of Dubuque project, as a required City match to the grant. The City match will be funded by Fiscal Year 2018 Parks Division operating budget savings. The Dubuque County Board of Supervisors has also agreed to provide a required $50,000 match to the CAT grant. The Parks and Recreation Commission at a special meeting held on September 26, 2018 reviewed the agreements and unanimously approved recommending acceptance of the agreements to the City Council. I concur with the recommendation and respectfully request Mayor and City Council approval. ���.1.lL�'t't*'1 �t.v,����, Mic ael C. Van Milligen 2 MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Teri Goodmann, Assistant City Manager Cori Burbach, Assistant City Manager Marie L. Ware, Leisure Services Manager 3 THE CTTY OF Dubuque � AII�A�nnCiry DUB E '�I�I��' Masterpiece on the Mississippi Z°°' Z°'Z 2�13 201� TO: Michael C. Van Milligen, City Manager FROM: Marie L. Ware, Leisure Services Manager SUBJECT: Approval of Miracle League Field Development Agreement By and Between the City of Dubuque, lowa and Miracle League of Dubuque DATE: September 27, 2018 INTRODUCTION The purpose of this memo is to request approval of Miracle League Field Agreement by and Between the City of Dubuque, lowa and Miracle League of Dubuque. BACKGROUND Tom and Carol Witry and Merle and Mary Santjer have a passion for persons with special needs. They had a dream and vision to provide opportunities for persons with special needs to play baseball and have an all-inclusive playground beyond anything we currently have in Dubuque. Their vision is to build a Miracle League baseball field and all-inclusive playground for the Dubuque area children and adults with special needs. Miracle League is a national organization that serves children and young adults who suffer from any physical or mental disability that causes them to be excluded, whether intentionally or not from conventional youth baseball leagues. There are over 250 Miracle League organizations across America. Locally the Witrys and Santjers established Miracle League of Dubuque, a 501(c) 3 nonprofit that has a very active Board of Directors. Their first step was to look for locations. As a City team, we sat down and looked at which parks these facilities would fit in based on the size needed and amenities in the park or the area of the park. Since it would be a regional amenity, finding a location on main roads or easy to find for visitors was a priority. It was determined through the analysis that Veterans' Memorial Park (VeYs Park) met the criteria for the Miracle Field and playground the best. Meetings were held with Tom and Merle and others regarding the opportunities at VeYs Park. IIW drafted a concept plan using VeYs Park using input from potential user groups of the proposed amenities including but not limited to Albrecht Acres, Hills and Dales, Area 1 Residential Care (ARC), Unified Therapy, Camp Courageous, DAC, Dubuque Community Schools (Special Education), G & G Living, Unlimited Services and Adaptive Sports lowa. They also coordinated with Vets Park current user groups including Dubuque Pony League, Clarke University, Wahlert and private renters of the ball diamonds. Miracle League of Dubuque Board continued their planning work toward construction by selecting Straka Johnson Architects to assist them with these next steps. The site plan was presented to the Park and Recreation Advisory Commission on February 14, 2017. The commission unanimously recommended approval of the location and use of VeYs Park based on the site plan presented. The City Council approved both the meeting following. Miracle League of Dubuque has been fundraising to build the Miracle field, all-inclusive playground and amenities at VeYs Park ever since. They have received donations from individual donors, businesses and community foundations. RELATIONSHIP TO COUNCIL VISION, GOALS AND OUTCOMES "Dubuque 2035 is a sustainable and resilient city and an inclusive and equitable community...0ur residents experience healthy living and active lifestyle....and have an abundance of fun things to do..." This project intersects with numerous elements of the 2035 Vision as you can see. It meets the following Council goals and desired outcomes: Vibrant Community: Healthy and Safe Outcome: Continue to become an inclusive and equitable community in which all feel welcome, included and leaving no one behind. Partnership for a Better Dubuque: Building our Community that is Viable and Equitable Outcome: Become an inclusive and welcoming community for all Have non-profit institutions, private businesses and educational institutions contributing toward implementation of the Imagine Dubuque Plan Diverse Arts, Culture, Parks and Recreation: Experience and Activities Have well built, well maintained and upgraded parks and park amenities Have family oriented programs and activities DISCUSSION An Agreement was needed to allow Miracle League of Dubuque to move forward with their construction phase. Assistant City Attorney Maureen Quann and myself worked with Merle Santjer and several Miracle League of Dubuque Board members to formulate an agreement that addressed their project from beginning to end. The field agreement addresses estimated costs, fundraising, bookkeeping, phases, construction, on-going operations, lease, concessions, and programming. The lease that was developed addresses after the construction is complete and the project is accepted the usage of the project area by Miracle League of Dubuque. The lease term would not start until the 2 construction project is complete. By holding the public hearing now the lease can take effect immediately upon acceptance of the project. Highlights of the agreements include the following: • Miracle League of Dubuque is fundraising for the construction of all the amenities described in the agreement. The total project is estimated at $3.59 million. • The City will dedicate the area defined to Miracle League during the construction phase and Miracle League will complete all the construction with funds raised. The project elements relocation of Veterans Field 3, Miracle League field, an all- inclusive playground, a new restroom/concession/classroom/storage building, family plaza and picnic/shade park, parking lot modification to add a drop off- loop, entry pavilion and Hall of Fame Boulevard. • After the project is complete the City of Dubuque will be in charge of day-to-day maintenance of all the amenities constructed. The city will pay for utilities and trash removal. The Miracle League Complex will be used and owned by the City as a public park to be enjoyed by all. • The City of Dubuque will partner with Miracle League of Dubuque to provide a Miracle League program in the summer and the fall. The League is the first priority use of the Complex. • The City or a contractor of the City's choice will operate a concession stand during league play. • The City agrees to be a co-applicant for a Community Attractions and Tourism grant (CAT grant). The City agrees also to contribute an amount not more than $50,000 to the Miracle League of Dubuque project, as a required City match to the grant. The CAT grant request is due October 15, 2018. The agreement stated that this was subject to all other commitments required for a successful CAT grant application. One of these commitments is that Dubuque County would also make a financial commitment. The County Board of Supervisors passed resolution number 18-244 in which they also approved up to a $50,000 if the CAT grant is awarded. The Parks and Recreation Commission at a special meeting held on September 26, 2018 reviewed the agreements and unanimously approved recommending acceptance of the agreements to the City Council. BUDGETIMPACT: A small improvement package will be requested as a part of the FY 20 budget process for the cost of the startup of the Miracle League program and concessions supplies. The up to $50,000 donation toward the CAT grant proposal would be funded by Fiscal Year 2018 operating savings in the Parks Division. RECOMMENDATION: 3 I respectfully and wholeheartedly recommend City Council approval of the Miracle League Field Agreement By and Between the City of Dubuque, lowa and Miracle League of Dubuque and setting the public hearing regarding the Lease Agreement Between the City of Dubuque, lowa and the Miracle League of Dubuque. cc: Maureen Quann, Assistant City Attorney Dan Kroger, Recreation Division Manager Steve Fehsal, Parks Division Manager 4 THE CITY OF Dubuque � AIFA�erlwGh UB E '�� III► Masterpiece on the Mississippi Z°°'�w'2 7A13 2017 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Naming Recognition Request for Approval — Miracle League of Dubuque DATE: September 26, 2018 On May 15, 2017, the City Council approved a Fundraising and Naming Recognition Policy. The policy states that naming levels and naming amenities will be proposed by the non-profit on major capital projects on City lands. The proposal is to be reviewed and must be approved by the City Council. Leisure Services Manager Marie Ware recommends City Council approval of the naming recognition request submitted by the Miracle League of Dubuque. I concur with the recommendation and respectfully request Mayor and City Council approval. �� �� ��� Mic ael C. Van Milligen �� � MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Teri Goodmann, Assistant City Manager Cori Burbach, Assistant City Manager Marie L. Ware, Leisure Services Manager Dubuque THE CTI'Y OF � DT T� � NI-AmericaCity � ' I I�► Masterpiece on the Mississippi 2001•2012•20Y3•201� TO: Michael C. Van Milligen, City Manager FROM: Marie L. Ware, Leisure Services Manager SUBJECT: Naming Recognition Request for Approval - Miracle League of Dubuque DATE: September 24, 2018 INTRODUCTION The purpose of this memo is to request approval of the name recognition request made by Miracle League of Dubuque. BACKGROUND The City Council at their May 15, 2017 meeting approved a Fundraising and Naming Recognition Policy. The policy and all background is attached to this action item. The policy states that naming levels and naming amenities will be proposed by the non-profit on major capital projects on city lands. The proposal is to be reviewed and must be approved by the City Council. DISCUSSION Attached to this action item is the proposal from Miracle League of Dubuque. They have numerous naming options with the donation level that corresponds with each. To see the naming rights options, they have included a site plan that has been numbered with the same corresponding number on the Summary of Naming Rights Options. Items 1-40 which are in the giving level of $25,000 or more would receive their recognition on the field, pavilion pillars or the pavilion building. The recognition would be like is shown in the photos with plaques on the pillars. Items 41-70 which are in the giving level of$5,000-24,999 would receive their recognition in the Hall of Fame Boulevard area. This recognition would be a wall type recognition in this area. Items 71-95 which are in the giving level of$1,000-4,999 would be recognized on donor bricks in the Hall of Fame Boulevard area. Their thought is that the brick donor area and wall type recognition would be built in a similar fashion to the Veterans Memorial recognition area at McAleece Recreation Area on Chaplain Schmitt Island. Donors up to $999 would be recognized on the Miracle League of Dubuque website. Miracle League of Dubuque has worked very closely with the national organization as well as have been using Ankeny, lowa's Miracle League Field as a model for their work on the Dubuque project. The field and playground concept are similar and the project is done in cooperation with their Parks and Recreation Department. The attached request from Miracle League of Dubuque has taken the recognition cues from Ankeny which are very tastefully done. The photos show the recognition on the pillars of the pavilion and the name of the organization is embedded into the field surtacing. It is the intent of Miracle League of Dubuque to show final designs of each of these donor recognition areas in the final designs of the project that will be submitted to the city council for approval. This provides the concept and photos that are a good representation of the style and form they wish them to take. The Parks and Recreation Commission at a special meeting held on September 26, 2108 unanimously approved recommending the naming recognition request to the City Council. ACTION REQUESTED I respectfully request City Council review and approval of the naming recognition request submitted by Miracle League of Dubuque. Cc: Steve Fehsal, Park Division Manager Dan Kroger, Recreation Division Manager 2 , �.� � « ,4 � �'.,,4n� ,� ' ;��1�';"�',p�.. �r •� y � � � S '6 � �'e * ,� ��,_ ji' �» _ �� " � � : Ttll; 4' e Y , d A�g�� i�s„� � Mixf� E oF � �;� �' " e��� ��; d-�FAGUE Dubuque q � 4 4 Q a � Board of Dimctm�a G��eg Ada�ns To: Dubuque Ciry Council Membees 563-S�o-u716 Ciry Manager, Mike Van Milligen g�eg3a755C'aoL�o�n Leisure Services Manager, Marie Ware Craig Bey[ien � 563-556-49z� Re: Miracle League of Dubuque Naming Rights cbeYhen@6omiaiLwm BiII Bu�kh.��a The Boazd of Directors of the Miracle League of Dubuque (MLOD)respectfully reqaests 563-5903625 your review and approval of naming iights oppor[uni[ies for the MLOD project. MLOD bb��kl,a�cdbq@gmai�.co�» has�ecently completed the feasibility study for this projeet Numero�s b�sinesses and Kelly Heys�„�e�� �ndividuals have expressed an interest in financial suppo�t, as well as naming rights Se3-513-9730 options for the MLOD baseball field, all inclusive playg=ound and pavilio� building. k�11yC��,��ede6e��aPy.�o�n Donors are awaiting approval of namiug rights prior to making a fi�al decision on Mary Lo66crg financial support of this project. 56}.451-246A b66ergina�yC<��,�,a�L�o�n Depending on ]evel of financial suppo�4, recognition of donors will be included on the Merlin Sanqe� Miracle League Baseball Field, Pavilion Pillars, Pavilion Building Hall of Fame 563-590-6365 Boulevard area, Donor Bricks in the Hall of Fame Boulevard area and the MLOD �,erlin.sanryer@ooyafa.co�„ Website. The Hall of Fame area would be similar to the Veteran's Memorial Plua aY Anita Sulliva� MCAI08Ce Pdrk. 563-581-4555 a�,�ce�s��llt�d„Cec�»����co", Thank you for your suppoiti of this project and consideration of this request. Carol Wiary 563-599-6696 carol.�vi[ry@gmaiLmm � ' � I I � 1 1 • � � - • r y. �� � �.�d d'��,'�- � ��� « � � � �� �� � u. �, a . I 1 0 � � � .a�� � �� �� M � *� . � ��,; � � � � � r � MIRA E of ' '�`� � ' , ` ���"� G�;AGUE Dubuque � k a � A R A * Board of Dirc�cmc� N3ming Rig}1ts* Greg Adan,s Miracle League of Dubuque Complex 563-590-2016 greg32755 ry aol.com C�e�g Beycte„ (Donations$25,000 0�more) 563-SSe-49z1 Items 1 -40 Recognition on Field, Pavilion Pillazs or Pavilion Building c6eytiev�ahotmviLcom Bill Buvk6art 563-590-3625 (Donations $5,000 -$24,999) bburkl,a�ea6q@g�„a�l.��,�„ Items 41 - 70 Recognition in Hall of Fame Boulevard azea Kelly Heysingev 563-513-9730 kelly�'unifiedtherapy.co�n (DOn2tion5 $1�000 - $4�999� Mary l.ol�berg Items 71 - 95 Recognition on donor bricks in the Hall of Fame Boulevard area 563-451-2468 lohbecgmary@gmaiLmm Medin Sunry'er (Donations$1 - $999) Se3-590-6365 Recognition on website, MLOD medin.senry'erQnvoya I a.com Anita Sullivan 563-58L4555 All Donoi�s recognized on MLOD website anitacstdlivan�'gmaiLmm Carol Witry 563-599-6696 carol.witry@gmuiLcmn *Subject to submission of final design from SVaka Johnson Architects P.C. . ' . � � � . . ii . . . . . . - . . Summary of Naming Rights Op[ions For Miracle League of Dubuque Projec[ 7. Miraele League Baseball Field $SOQ000 3. MiracleLeagueYlayground $SOQ000 3. Mi�ncleLeaguePavilion/Building $250,000 4. Miracle League Pavilion Plaza $200,000 5. MiracleLeagueFamilyPlaza $tOQ000 6. MLPicnidShadeArea $]OQ000 Breakdown By Each Naming OpportuniTy Miracle League Baseball Field: 7. F.ntry PaviJion $200,000 8. Scoreboard $50.000 9. Press box $SQ000 10. Fence $SQ000 71-12.Dugou[s $1OQ000 13-14. On Dcck $100,000 ]5-18. Bases $1OQ000 19-20. Bleachers $SQ000 Miracle League Playgronnd: - 2L Largeequipment $1OQ000 22-23. Medium equipment $100,000 2431. Smail equipment $200,000 Miracle League Pavilion/Building: 32. Concession area $Sq000 33. Vicwing Plaza $SQ000 34. Program Itoom $SQ000 �i 3536. Classrooms $100,000 37. SupporVQuiet $SQ000 Other Opportuni[ies: 38. IIomer S[atue $25,000 39. Eutry Gate $25,000 40. Hall of Fame Blvd. $SQ000 41-60. Benches $1OQ000 61-70. Picnic Tables $75,000 71-95. Trees $62,500 Donor Area-SignageBricks-Unnamed Individual Gifts: Range Po[ential Amount $Iq000-$15,000 $30Q000 $5,000-$1Q000 $150,000 $7,000 -$5,000 $700,000 under$1,000 $I SQ000 � _ ,� � G���y��y ; p 1' �' �1 � O � � O�0 iiY� i4 �. —�U'—'o m � � .� . .. ��` ' .. pG�/� � � ��o� .'� :, �� .: � � ��0� V �- . � �J�"�8 . � . :`�y, �a r� � � . 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" - - �tr ••` � IRA E Fundraising �, Consulting /� Of Community Foundation provided by: El. DUBUQUE of GreaterDubuqae 2728 Asbury Rd, Suite 300, Dubuque, IA 52001 miracleleagueofdubuque@gmail.com; www.miracleleagueofdub uque.org Message from the Miracle �eague of Dubuque Board of Directors It seems like an easy concept, right? We think it's something everyone can do. We all know it's intrinsically good for us physically and mentally. We know play is an inherent need and right for all; it fuels the brain and the body; it fights obesity and depression and often makes us a part of a team, teaching us valuable life lessons. But for nearly 1,700 children in Dubuque and thousands more in the surrounding area who have been diagnosed with a disability that limits their participation in organized sports leagues and at most playgrounds, "play" is not an option. Think about it. Based on statistics from the school districts and US Census data, there are more than 10,000 people ages 2-32 in the region surrounding the City of Dubuque who have a documented disability. Very few of the individuals have access to special needs sports or even to accessible playgrounds. It would be akin to the entire enrollment of the Dubuque Community School District not being able to play. This number is greater than the enrollment of Clarke University, Loras College and the University of Dubuque combined— greater than any of our area's largest employers. Some of us on the Miracle League of Dubuque (MLOD) Board have childen who have disabilities preventing them from participating in play and programs that come so naturally to most. All of us on the Miracle League of Dubuque Board know a child who hasn't been able to join sports teams or play at regular parks because of some limitation, and we are sure you do too. It's crushing to be that child, the parent or coach of that child—even the sibling or friend of that family. . x '`�it 3 � �� � ✓ �` � ��v � � � .� � � � —� � „ , ,; � v''• i,^ri' �. -ar� `+,b;i�' L� � '„ � �� � , �� . c �� � ' \ � � .� � f `i � `��` � � , � �' �� � y . �� �� ( o � / � ��� � :;c_- •► Iy� ' ` , , r� � !� . ' j— �1$a;�� ,�i . 1,h � . �� . ,:ti . . "����' ��nx � .�: 1 Dubuque's Miracle League Board of Directors is excited to share our vision to build a Miracle League Baseball Field and All-Inclusive Playground for Dubuque-area children and adults with special needs. Since 2014, Miracle League of Dubuque organizers have taken many steps toward bringing our dream to fruition and addressing a critical community need. After joining the National Miracle League and establishing a fund with the Community Foundation of Greater Dubuque, multiple public and private locations were researched and input gathered from community agencies as well as current Veterans Memorial Park users. Following an extensive feasibility study, the MLOD Board of Directors, with guidance from the City of Dubuque, determined to locate the project at Veterans Memorial Park in the heart of the city. The Miracle League is about inclusion, making new friends, building self-esteem and creating options for a healthier lifestyle. Soon, children of all ages will be able to play in an organized baseball league and enjoy a playground especially built so everyone gets a chance to play, socialize and imagine together. People young and old, from all walks of life and all abilities, will enjoy leisure time together. We are well on our way to making this , "miracle" a reality for our community, our �'• �- ���"` � - area families, and families across the Midwest who will use this park as a destination. The °� entire project—baseball field, playground ' and support pavilion—is estimated to cost � 4 ` $3.5 million. With over to the project, we invite you to � �r'�» �- be a part of this important endeavor. � /1�� � \ �`,, . As Babe Ruth famously said, "It's hard to beat f ,...x.~ a person who won't give up." The bases are ` � loaded— � ��- in1 ',� `�� ��� � � .,m� �Zy.. � -�� ..._� ��,-� � - --�. I'� ' � � . �� � "We are honored and excited about supporting �� ' the Miracle League of Dubuque. We think it �>. �i,,:' gives children of any ages and abilities the ,� .,'ii opportunity to play in a safe and organized ,� environment. It also gives parents and y ,,, grandparents the comfort of knowing they can � �. _ take their child to experience new things right here in Dubuque, lowa."^'Mike and Judy McCoy 2 Miracle League of Dubuque Vision To build a Miracle League baseball field and all-inclusive playground for Dubuque area people of ALL abilities. �o ,- _ .��`�,,��„�..,.�+, P �'"' ,.,.,_ ��"� _.�` � �i . - � 6 �� I� �:a � j�— �� -" �—����r�+"L . ra' . �� . __ �� 4�r � �:6 `— b. ��. � .,� i , fi, ��, � -.,��y_�i �� _ ,: —_� $ +, , �� ��, 3 ' ' � ��� ,�` � "�,� �� S�� ��� � ti � F �{j ( �i n, �y�. �1 1 —�� Y ' .. � 'i t��. I �y;,� �'. _ .-...,A . � V . .f• ` � - . ' �I ' � � � ,� lil '' ,i _.,.'} � �-'�` ` i � i �I � '�7 � �� ., ,����� ' -"�„i' � � : �. N .. ,.. . � _. . , � _.,-. . � •. , �a_._. . _ � �_ �,� � � -'-�., �- . ,- , �j . � - , � , ,6��c: -� � ��°� �.����,, � - _ — n aip�� ` ' :'` ' ""i= w uR �� �� � ,�.�� ��E� i; �� ._d e. �.� � �, . . ,... . kR ..' -- ��,.� .-<s a , .-t. � ..0 c- i �/�� _>. ,... � .. y—- � .��, y . . . . . ...,. . , � „ , .. � �,'`. . � � q� � "��s � q` ' 1 � �; � � ��Y o��k a �. � �_,.. National Miracle League Mission • Provide opportunities for children with disabilities to play Miracle League baseball, regardless of their abilities. • Promote community support and sponsorship of Miracle Leagues. • Promote the construction of special facilities that meet the unique needs of Miracle League players and theirfamilies. 3 A Regiona I Project This exciting new initiative will attract people from the Tri-State region and beyond. There are over 240 Miracle League organizations, with locations in five countries. __ . . _. e (a. J, M2� iCIIY ��� � - SurP�ai� � c cuy uewHompm� F�`��� Metllso e a.c ` t_ � o .u< + � i.n-e,viv�� � � . . `w e t� MIRAC'LE ' , � , � . ""F Dubu uc ir caanrcnu. � 9 � ���.�:.,��. � weienoo � ° � I'�y,oaie�� � Freeuoc nockfom � � ulm ' � ��1 Bevltlan MarsM1elllown �^"`°°`r" � � �,Y e "—� Cetla�RaPi ,LJ� . rvewion c,x�.di " � _ " �0 NaR Cost Projections Estimated Preliminary Budget Amoun 500,000 Challenge Grant Baseball Field $�so,00 II-Inclusive Playground $750,00 from Joe & Linda Chlapaty upport Pavilion $1,250,00 Park Improvements $750,00 � �"� 'i otal Estimated Capital $3,500,00 � ` '=' Matching "` �I �` ommitted (numbers are as of 8.29.18) � ' every gift, dol- `'' lar for dollar, oe and Linda Chlapaty Challenge Grant $500,00 ; �� ✓ McCoy Family $250,00 up to $500,000. �� " � . Y McDonald Manufacturing Company $200,00 lice and John Butler $200,00 heisen Charitable Trust $100,00 ' Kendall Hunt, Mark & Cheryl Falb, �: �% � Chad & Laura Chandlee $100,00 "We are honored Optimist Club of Dubuque $50,00 to offer this challenge grant and we're premier Bank $50,00 especiplly happy to help bring the 'Miracle Dupaco Community Credit union $50,00 League'concept to the greater Dubuque community. We have been involved Dr. Ronald and Charlotte schope $50,00 with the program in our home state of homas Giese and Charlie Giese $50,00 Ohio and we think it's a truly wonderful Kehl Family Foundation $50,00 concept that will benefit the community choen Family Charitable Trust $50,00 and those living in it. ^' Joe and Linda Chlapaty Miracle League of Dubuque Board of Directors $45,00 Other Private Gifts and Pledges $602,775 otal Committed $2,347,775 et to secure $1,152,225 4 Project Overview Embracing the philosophy of inclusion, the Miracle League of Dubuque at Veterans Memorial Park in central Dubuque will be in the midst of other baseball fields, an existing playground, tennis courts and a community garden. Accommodating the needs of persons with physical, cognitive, emotional and sensory disabilities, these facilities will remove barriers that prevent individuals from fully experiencing the joy of playing beside their able-bodied peers. EVERYONE is included. EVERYONE has fun. EVERYONE plays together. Additionally, the park will offer walking paths, picnic areas, benches, adequate shade and a support pavillion with concessions, restrooms, a quiet room and storage — all, of course, completely accessible. Handicap parking and drop off for arriving and departing vehicles will be conveniently located at the park entrance. � � / ------ i � -- ---- 61-70 � � �� i r O //�� I I -3---- I � 6 L V I __��� � 71-95 O Z� 12 '� 38 9 14 25 26 15 18 � 19 O 13 26 10 �i� � � 24 23 � 11 � 28 16 17 27 � Q 22 O O 0 0 21 � 40 29 0 O 96 / � � 31 � 30 41-� O <\� 0 (\ \\\\�� � � .,y_,��1\� - - �'" � _ � T � 39 � � - - - - � ��� r - _ � _ - , � � � 5 Naming Opportunities Recognizing Your Support (Please note that availability of naming opportunities may have changed since this booklet was printed.) Map Description Amount* N o. t the Park: or 1.Miracle League Baseball Field��omm�nea> 500,000 ���� 2.Miracle League Playground 500,000 � s � ; 0;1, ' 3.Miracle League Pavilion ��omm�nea> 250,000 ,�7 4.Miracle League Awards Plaza ��omm�nea> 200,000 Q4 �D� S.Miracle League Family Plaza ��omm�nea> 100,000 �� ` � 6.Miracle League Picnic/Shade Area 100,000 � y, 2 tthe Mirecle League Baseball Field: a� � M � 7.Entry Pavilion ��omm�nea> 200,000 �4 �� `" � � 8. coreboard ��omm�nea> 50,000 I ' s -� � .�I,� 2 9.Press Box �committed) 50,000 �. ; 10.FenCe (mmmitted) 50,000 �i j` � � � :- ..... _; , a u� N , �- Z��.M� A_/ 11.-12.Dugout5 (�omm�ned) 50,000 0� ' -- — -- — � 13.-14.On DeCk(�committed) 50,000 � �i�;; � � ��'�'---'' ' 15.-18.Bases �(Home base committed) ZrJ,��� Q � N � � 19.-20.Bleachers�i�omm�nea> 25,000 � � �;v I i� � � �� t the Mirecle League Playground: �M�° ��p I� 21.Large Equipment ��omm�nea> 100,000 w '� ' ° �� 22.-23.Medium E ui ment 50,000 ` r — q P �[o ',�,i ---..-: �. �-- 24.-31. mall Equipment 25,000 tthe Mirecle League Pavilion: o o� vy � ��o _� � � �_ No 32.Concession Area ��omm�nea> 50,000 �u �� Fv � ��� � ��� 33. iewing Plaza 50,000 � � �� �� 34.Program Room 50,000 - uo 35.-36.Classrooms�z�omm�nea> 50,000 � i 37. upport/Quiet Room (committed) 50,000 ;�, , �' � �lo :e� o�i�A � ther Opportunities: o r�M� "�� � � �, 38.HomerStatue ��omm�nea> 25,000 � Np m � �I� � ' 39.Entry Gate ��omm�nea> 25,000 ,� 40.Hall of Fame Boulevard ��omm�nea> 50,000 ' '----------- 41.-60.BenCheS(s committed) 5,000 61.-70.Picnic Tables (i�omm�nea> 7,500 71.-95. ree5(s committed) 2,500 96.Complex Lighting 100,000 *$Amount is each Naming Opportunity. 6 Project Timeline Archited Selected Fall 2016 Development Agreement Summer 2018 !019 m-2019 Opening Day Fall 2019 Game Time Miracle League baseball is non-competitive and co-ed. Each player gets a turn at the plate every inning and all players are safe on the bases. Before the end of an inning, every player scores and the last one up gets a home run! � Players enjoy the thrill of hearing their names announced over the loud speaker. Everyone is a winner and all games end in a tie! To help the athletes, the Miracle League uses a "buddy" system to ` pair each player with an able-bodied peer. The resulting mutually `' _ beneficial bond between players and buddies is a win-win for �_� c � everyone! � �, ,� ����• k With a focus on maximum "play value," the all-inclusive playground ;;� �` offers an interactive, sensory-rich experience where children of all ��'�° abilities interact and learn to appreciate each other. The all-inclusive playground equipment is designed to be engaging, ,, : � stimulating and just plain fun! Children benefit developmentally as they enjoy a playground that fosters positive connections with peers, advances in motor skills and increased self-esteem. The Kluesner Family Story :. �-� , "Prior to coming to Dubuque, we had played a style of'Buddy ,;_� �,y r{ Baseball'and had a tremendous experience. Our daughter was � � ''�R� .m�, ' able to interact with players of a similar nature, and participate � i �:, ' _ : in the game without having the stress and expectations that the � �" p � � typical little league team has. This type of game is not for everyone, � ._ but for those who want to play and can't find a place to play, it's a y �,�i godsend. From a parent perspective, it was great to interact with ��� _ "'" �' others that face similar struggles and share tips on handling various ; � situations including education, therapies, and other activities. We '� —_ � ',� were very excited when we heard that the Miracle League is coming � to Dubuque." ^' Drew & Heather Kluesner 7 Capture the Opportunity There is an undeniable need for recreational facilities for the thousands of individuals with disabilities in the Tri-State area. The time is now for Dubuque and the surrounding area to provide a top-quality complex to meet this critical need. The people of the Tri-State region recognize and value inclusivity and accessibility as a top priority. The City of Dubuque alone partners with more than 60 organizations that make up the "Inclusive Dubuque" network. Many of our stakeholders also share the goal of finding beneficial ways for children and adults � with disabilities to become more integrated and �,�� , valued assets of our community. '�, .:��. � �, � - A �� � /�' ,����� • u a.v���Nua�wy a��u oa.��vv� N�.,��a���������g and the ,-n;-" � Miracle League Field and Playground will be � �� ��;,,, � extension of all that is promising in our area. �'7"�� The timing couldn't be better! The movemen � ' � , toward our goal is well underway, but we believe we need to maximize these effort<. Our 100% volunteer board, along with a growing Friends of Miracle League of Dubuque group, is strongly motivated to make this happen and The Seay Family Story "From the moment we learned that people were working to bring The Miracle League to Dubuque, we became excited. As a parent, all you want to do is to make wonderful memories with your children. However, when you have a child with a disability sometimes that can be challenging. In our case, our younger son is in a wheelchair and finding locations where we can participate in typical childhood activities is difficult in our community. What is even more complicated is finding a facility that both of our children can enjoy. Uery often we have to plan separate activities for our children, which does not allow , ' ,E�' �s � us to interact as a family outside of our home. � � = �'r .^r-s 'Although our younger son will not be able * ' �:..� x � � �y % to play baseball in the traditional sense, this �!^ � � ,,� � ^ ' facility will provide a setting where he can " � e - � 4 '�` _1� enjoy the outdoors. It will be a place where he � � i ! � � can interact with his brother and with other a �� - �; � � - children—both activ�ties that he loves. Like an �" � _ _> . w . y other parent, seeing our children happy is the � . � �' ' "'`°�?� most beautiful sight on earth. Knowing that ; r �, very soon, there will be a place in Dubuque ' � where it will be just a little bit easier to make " °' ' i. this happen, is worth more to us than words x `� ` �{6'''�''"� can express." ^'Steve and Brandie Seay 8 Ways to G i ve Gift Range Chart Goal Amount: $3,500,000 There are numerous opportunities available to create a lasting tribute with leadership gifts. Gifts are truly a gratifying way to recognize people and places that are important to you and your family, and to celebrate the transformation realized through leadership level gifts. Please contact Merle Santjer for more information on specific opportunities. All gifts to the campaign will be recognized in a campaign report and are tax deductible. ift Range No. Gifts ubtotal umulative Total umulative Req u i red Pe rcentage $soo,000 z $i,000,00 $i,000,000 z9io $200,000 2 $400,00 $1,400,000 40% $100,000 5 $500,00 $1,900,000 55% $75,000 5 $375,00 $2,275,000 65% $50,000 5 $250,00 $2,525,000 73% $25,000 12 $300,00 $2,835,000 81% $10,000 12 $120,00 $2,945,000 85% $5,000 15 $75,00 $3,020,000 87% Under $4,900 342 $814,50 $480,000 100% Totals 400 $3,500,000 100q �+s—�, � :�...�� ''� � F �;�.e � ° • ,• - � � . .��_-_, f_ � ... ,�. �� � � � ��.�'j �r,;;,, ' Fundraising Supporters: ' Dick Core Ed Feyen � `�" 'r � John O'Connor Kurt Strand r'' � ' Larry and Julie Vogt . ''' � '�> �, Tom Witry � ,3 �� :A 0 9 Pledge Sheet For the Miracle League of Dubuque Baseball Field and All-Inclusive Playground, I/we pledge $ A total of$ is enclosed. The gift is in memory of The gift is in honor of The gift is to be designated toward project. The balance will be paid over years as follows: $ Date: Thanks again for your donation! Please visit http://www.matchinggifts.com/search/rit and $ Date: type in your employer's name to see if they have a matching gift program. Your company may be $ Date: able to match your donation so the impact of your gift can be doubled. Other: Please send pledge reminders: Name as gift is to be recognized: Address: City/State/Zip: Email: Phone Contact: Signature: Date: Do we have your permission to publish your name and amount given? � The Miracle League of Dubuque is a 501(c)(3)nonprofit organization, which means donations will qualify for charitable tax deductions. Please make your check payable to"Miracle League of Dubuque"and mail it to: 0 Community Foundation of Greater Dubuque or Miracle League of Dubuque � 700 Locust St, Suite 195 2728 Asbury Rd#300 Dubuque, lA 52001 Dubuque, lA 52001 You may also donate online at https://www.d bqfou nd ation.org/m iracleleague# ��Play is often talked about as if it were a relief from serious learning. But for children, play is serious learning. Play is really the work of childhood:' - Fred Rogers �� `d,- ' �+� --�� ,- i� - - _ r . ` - � e� - . - ���t , i � 1 �"� _ �_ � , ... - � ,r:� � " r � j . ' �l�, I �,/ �� � .<, + �. _ t �»s� _ :.�. "- � _ r +i � , �. � ' � �b�:.:.*, � , �Y i � �f s G. � i . " " �,y��� �` � •'. � � . . . . . . . . � _ . o Y� Miracle League of Dubuque Board of Directors Greg Adams, Owner MaryLohberg, OccupationalTherapist RE/MAX ADVANTAGE REALTY Mercy Medical Center greg32755@aol.com lohbergmary@gmail.com 563-590-2016 563-451-2468 Craig Beytien, Senior Managing Partner The Grandview Group, LLC Merlin Santjer, cbeytien@hotmail.com President, Financial Services 563-556-4921 Friedman Financial Services, Inc. merlin.santjer@voyafa.com Bill Burkhart, 563-590-6365 Manager of Buildings and Grounds Dubuque Community Schools Anita Sullivan, Co-Owner bburkhartdbq@gmail.com Sullivan Financial Services 563-590-3625 anitacsullivan@gmail.com 563-581-4555 Kelly Heysinger, Co-Owner/Physical Therapist Carol Witry, Retired Unified Therapy Services Faith Formation Ministry kelly@unifiedtherapy.com 563-513-9730 carol.witry@gmail.com 563-599-6696 Fundraising ��` Consulting pro��aea by: ECIA °�_- Community Foundation '� of Greater Dubxque Rev 8.29.18 THE CITY OF DUUllc�Ue DUB E i'� � � � �. Masterpiece on the Mississippi Z�,.Zo,2•Zo„ TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Fundraising and Naming Recognition Policy DATE: May 10, 2017 Leisure Services Manager Marie Ware and Assistant City Manager Teri Goodmann recommend City Council approval of a Fundraising and Naming Recognition Policy for Major Capital Projects on City Lands or Under City Jurisdiction. I concur with the recommendation and respectFully request Mayor and City Council approval. � � Mic ael C. Van Milligen MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager Marie L. Ware, Leisure Services Manager ������� �� u u ue All-America Cit y � � . . � �� � ���� �� � ������� � R � 2007•2012 •2013 . . . . : �c ae . an � � en � ana er , . . . : ar�e . are e�su re erv�ces ana er , . . . er� oo man n ss�s an � ana er , . . . . . . � un ra�s�n an am�n eco n� �on o �c . � a . , . . . . . e ur ose o is memoran um is o recommen a un raisin an amin . . . eco n� �on o �c . . . . . . . . , am�n r� s an o o un� �es ave een a resse on severa ro ec s �n e � s . . . . . . , . . as . am�n o o u n� �es were a rove r�or � ou nc� s or ona �ons �n e . . . . , as over e � ou nc� . e � ou nc� s ro e a so as een o , . . . . orma es� na e areas or reco n� �on. ose name s aces are �an ner . . . , . . . m � ea er mer�can rus �ver s e aza an � �am . auer am� aza. , , . . . , . . e av� �on a �ver s e aza was no name owever was reco n�ze on s� na e « � � „ as ma e oss� e rou e eneros� o o ar . . , . . . . . s a a o mer�ca s �ver u n r�ve a nam�n o �c was es a �s e an a rove . . . . . ou a ners o e u u ue ou n �s or�ca oc�e e u u ue � ou nc� , . . . an e u u ue rea am er o ommerce. e o �c ou �ne nam�n eve s , . . . . . . . . . . . imin es� n a rova an u �c� . �s o �c an �s or �s a ac e as x � � . , , . . . . , . . . n u a e �s or o onor reco n� �on o mer�ca s �ver cam a� ns �s a ac e as . . x i i . . . . . . ree ma or ro ec s are �n e wor s a wou e ass�s e a o �c . ee ranc , . . . . e s a e ar an �race ea ue roec a ave un ra�s�n com onen s. e s a e . . . . . . . . ar an �race ea ue are maorca � a roec s w� un ra�s�n one commun� . . . rou s an ea ers or ca � a ro ec s on c� an s. ee ranc as a so e . . . . . u n ra�s�n o o u n� �es as a a o e ove ra ro ec . DISCUSSION A committee of Assistant City Managers Cindy Steinhauser and Teri Goodman, Budget Director Jenny Larson, Economic Development Director Maurice Jones, Assistant City Attorney Crenna Brumwell, Park Division Manager Steve Fehsal, Project Manager Steve Brown, Civil Engineer Deron Muehring and Leisure Services Manager Marie Ware reviewed, edited and recommend the policy attached. The policy addresses naming levels and naming amenities, donor recognition area, naming convention, naming commitment, process for handling name changes, revoking names in certain situations and length of time for naming right and approval. Research of city naming policies was completed prior to drafting the attached recommendation. Naming policies are very common for cities. A review was also completed of prior City of Dubuque naming approval by the City Council which is outlined above. This policy contains some commonalities of the city's naming policy history as well as incorporates best practices found in city naming policies from across the country. With a policy in place specific city department personnel will work with the organization or non-profit such as KIDS (Kids Skate in Dubuque) and Miracle League of Dubuque in the development of a fundraising and naming request specific to their project. This proposal would then be brought forward to the City Council. The attached policy creates overall policies yet allows non-profits and organizations to look at the specifics of their project and bring forth a proposal for naming levels and naming amenities as well as donor recognition area(s) for the City Council's review and approval. This allows maximum flexibility based upon the specific project being proposed. ACTION REQUESTED We respectfully recommend on behalf of the committee and request approval of the Fundraising and Naming Recognition Policy to the City Council. MLW:et attachments: Policy Exhibit A, Policy and History Exhibit B, Americas River ponor Recognition History copy: Cindy Steinhauser, Assistant City Manager Jenny Larson, Budget Director Maurice Jones, Economic Development Director Crenna Brumwell, Assistant City Attorney Steve Fehsal, Park Division Manager Steve Brown, Project Manager Deron Muehring, Civil Engineer Marie Ware, Leisure Services Manager 2 THE CITY OF Fundraising and Naming Recognition Policy �U$ E For Major Capital Projects O11 Clt)/ L111C�S OP UIIC�@P Clt)/ JUPISC�1Ct1011 Masterpiece on the Mississippi The City recognizes the enormous value of direct community support. The purpose of this policy is to fairly and equitably recognize the generous contributions of donors to capital projects constructed by the city as well as non-profits and organizations on city lands or under city jurisdiction. The intent is to insure that philanthropic traditions are fostered, that donors are treated consistently and fairly and that the contributions are recognized in ways that support the city and its values. Each project will outline specific naming opportunities to the appropriate city department staff for review. The naming opportunities and levels will be presented and approved by the City Council. This policy serves as the parameters of fundraising and naming to be used by the City as well as non-profits and organizations with major capital projects on city lands and/or under city jurisdiction. Special requests not addressed in this policy will be considered through the approval process. Naming Levels and Naming Amenities Naming levels and naming of amenities will be proposed by the non-profit or organization working on a major capital project on city lands or under city jurisdiction. The proposal will be reviewed and must be approved by the City Council. Donor Recognition Area If a project has a donor recognition area proposed for listing donations in one place at the site, the design of the donor recognition area must be approved by the City Council. The City commits to maintain the donor recognition area for the life of the recognition area. At end of life the recognition area will be removed. Naming Conventions Names that are discriminatory or derogatory will not be considered. If a name is determined to be inappropriate, incorrect or offensive a process to identify an alternate name will be required. Naming shall generally be by first and last name, business or non-profit name, unless another form is specifically requested by the donor and approved by City Council. 1 5-9-17 Naming Commitment Each donor or donor representative must sign a letter of agreement that clearly defines the terms and conditions of the donation. It will be signed by the donor and a city or organization representative. Organizations would provide all signed agreements to the City upon completion of the project. The agreement will outline the donation and length of time for naming right. Length of Time for Naming Right Naming shall last for the life of the amenity, until such time that the amenity needs to be replaced or reconstructed through normal wear and tear. Process for Handling Name Change The City at its sole discretion, upon request by the donor, may make a one-time change to the name credited on a plaque or donor area provided there is a substantive reason for the change and the donor pays all costs associated with the name change including staff time. It is possible that the change may not be able to happen due to the donor recognition design. The name change would need to be approved by the City Council. Revoking Names in Certain Situations In certain circumstances, the City reserves the right to revoke and terminate its obligations regarding a naming with no financial responsibility for returning any received contributions to the benefactor. These actions, and the circumstances that prompt them, may apply to an approved naming that has not yet been acted upon or to a conferred naming. A. If the benefactor's or honoree's reputation changes substantially so that the continued use of that name may compromise the public trust or otherwise be contrary to the best interest of the City, the naming may be revoked. However, caution must be taken when, with the passage of time, the standards and achievements deemed to justify a naming action may change and observers of a later age may deem those who have conferred a naming honor at an earlier age to have erred. Naming should not be altered simply because later observers would have made different judgements; B. If the benefactor fails to maintain payments on a pledge upon with the naming was bestowed, the name may be revoked; C. If a planned gift upon which the naming was bestowed does not result in the value agreed upon, the naming may be revoked. 2 5-9-17 � TFTB C1TY OF DuB E MEMC� RAN ]D �'[.TM �,�.`�.�� . � December 'if, 2002 T�: The Honorable Mayor anci Cify Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: American Trust Naming Request The American Trust and Savings BanK has commifited to donate $250,0(JQ toward the America's River project and has requested that the River's Edge Plaza be named the "American Trust River's Edge Pfaza," This request is supported by the Dubuque Couniy HistoricaE Society, the recipient ofi the donation. The request is also supported by our other fundraising partner, the Dubuque Area Chamber af Cammerce. This is � consistent with past practice. Economic Developmen# Director Bill Baum recommends City Cauncil approva[to name the Riv�r's Edge Pfaza as the "American Trus� River's Edge Plaza." f concur with the recommendation and respectfully rec{uest Mayor and City Counci! approval. ���� �� Michael C. Van Milligen ���� MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Bifl Baum, Economic Development Director CITY OF DUBUQUE, iowA MEMC?RANDUM November 26, zaaz TO. Michael Van Milligen, Ci�Ly M�nager � FROM: Bil1 Baum, Economic Dev�loprnent Director � SUBJECT: American Trust Naming Request I INTRODUCTION AND DISCUSSIf)N I Naming opportunities are available for su�stantial donations ($250,Q00-�) toward the I��, America's River proj�ct. Attached you w[[I find the general policy under which the � narning opportunities are accurring. A listir�g of all the commemorative opporkunities is afso attached. The first recognition occurred in September when the City Council approved #he naming of the amphitheater in front of the former Star Brewery the "Alliant ' Energy Amphitheater." The Arnerican Trust and Savings Bank has agreed to a donatian af$250,OQ0 toward the Americas River project. American Trust has reviewed the naming opportunities, and has requested the City Council approve the name af the River's Edge plaza as . "American Trust Rive�s Edge Plaza". Enclased yau will find a letter�Fram American Trust requesting The America's River fundraising committee has reviewed fihe request, determined that American Trust meets fihe requirements far this naming, and is recommending City Council approval. Attached is a letter from Jerry Enzler an� Teri Gaodman with the recommendation. REC�MMENDATtON 1 recammend fihe City Council appraval of the American Trust and Savings Bank r�quest. 895 Main Street P.Q. Box 938 • Dubuque, lowa 52404-0938 � 563.589.0821 Fax 563.589.0842 csehrupiii@americantrc�st.co m �t:�l �. www.americantrust.com Charles J.Schrup tll Co-Chairman of the Board December 2,20Q2 Mayoz Terry Duggaza Members of t�.e City�Council � 50 West 1.3�'S�reet Dubuque IA 5200J. Dear Mayo�r Duggan aaad Me�tn.bers of the City Council, American Trust is extrexnely proud to be playing a paxt in the Arnerica's River 1'roject. It is such an e�traordinary vision,wi�.sa many people warking together,to make what seemed like a dream become a reality. American Tz�eist's gift af$25a,00�to tlze Am.erica's River Project has given.us the apportu�.ity to express o�u.r gz�a.titude to the City of Dubuque and to those who k�ave made Dubuque their home. The Schrup family has Iived in Dubuque and has done b�siness in Dubuque for over l OQ years. We co;nszder it oux pleasure, as well as our respon�ibility,to give back to the commuuity t�.at has given us sa much and for so many years. Txa.view of a na�n.ing opport�uuty made known to us by Jerry Enzler and Terri Goodmann, A�nnerican Trust respect£u11.y requests that the Da.buque City Co�ncil coinsider ranasning the"River's Edge Plaza."as the"American.Trust River's Edge Plaza", a.nd that a plaque be placed.at the entranee to�he plaza ind.icatizag snch name. We ask that the City Cauncil review the request far this naming opportuni#y at the December 16,2002, Crty Council mee�ing: Please l�t us knaw if we can su��ly any , ad.d�tional infor�nation regarding this re�uest. Thank you for your consideratian and congxatula�ions on the integrat part that you have played in allowing the America's River dream fi.a become the fantaslic reality that it is today. S' e , r-- t+ � � Charles J. Schrup Cc�-Chairman of the Board _ _ _ _ _ _ ���� /u U� � , � a ����� rh"!' `!'�-{�3 I'UR�' ()1� I?IJ1i1�.JC�l.1� __-_._ r______�_____..�_._�.� P.U. l3t�t?(�!� 1 Uul�uc�uc.1�\ �?U(1-1-ULGb NaVET17.�3eT 27,Zd�� Mayor Terry Duggan Me�.nbers of the City Cauncil 50 W. 13`� St. Dubuque,TA 52441 Deaz�Mayor Dnggan and Members ofthe City Council: In recognition of the generous gift of Americalx Tn�st and Savings Bank in the amoutit of �250,0(30, the Dubuque County Historical Sc�ciety supports the proposal to name the River's I�� Edge Flaza as the American Trust River's Edge Plaza This is cansistent wzth our pre-approved ', fundraasing and naming recagnition plan. This is a significant gift and cauncxl apprava�of this�.aming wXll be appro�riate recognition�'ar . this generous danatian. Sincerely, � � �� e Te�Goodmann euti e Director Development Director • Na Yon �I1Qississippi River Nation,al Missis�ippi River � � Museum 8z Aquarium � Museurri&Aquarium - - w•r C� � � ��s;, y-� � �•^• �---� C'7 �'' C-i � :� � � j 1� •�:�_ yI- N� ���; .. ti�� � 'J' �-� . C"L1 � , Ai�Zeric�lsi•i��c:�ctol.cc�txi �63-5�5�1374 ����v4rv.ame.rivasx•iver.coir� • (:rr� nz� 1)[•�si�c�t�i: t�l�sstssti�t�tl2n�i;�a Vit�st.t��i Ih'izi<<>t�i,�'��ai:,� lltns�:�n�i;Ccr��ti•r�• l\.\'I'fO1�V,I211��;�z's F�,�t.t ctir fa:�rorn. C�i:i4uti��:��r Cc�n���ita�icr 1 C ! � � C • ' � • • : � � j � . Decem.ber 9,2002 . Mayor Terxy Duggan City Council Membexs � 30 W. 13�`Street Dubuque, IA 52001 Dear Mayor Duggan and City Coun.cz�Mernbers: The Dubuque Area Chamber o�Coxnmerce has bee�.a proud part�er in ir.�e vis'ran for riverfront redeveloprcx�ent called America's River since it began in 1996. Ou�r organizatian,under the ' lead�rslup o�our Chamber Baaxd of Directors,represented the City components o£the praj�ct throughout the fundraiszng campaign. '4�V`e continue atu coznm'rtment to t,hi.s tre�nendous project under the clirection of our Chaxx�.ber Board,led by Chairn�an of the Board Nick Schrup. We are �roud ta support the prapasal to name the River's Edge Plaza as the Am�exican Ttust River's � Edge Plaza. Council approval of this naznzng vvould be fitting for th.zs magnificent gift of$25Q,000 provided by American Trust and Savix�gs Bank. Sincerely, �--- f` � . / ._�.rr���,.C"� ( r4�i�����i'�a����Y teward Sandstrom Sue Czes in�ki President and CEO Directox � Dubuque Area Chaxnber of Co�nnmerce Dubuque Area Chatn.ber of Coxnmerce ' Canvention&V'isrtors Bureau 30o Mnirr S�rR��x SUITB 200 P.O. Box�os Du�auQu�, IA 52004.-0']�$ (563)557-9zoo (563)557-IS9z E-MAZL: INFO@TRAVEE,DUBUQUE.COIV1 WT.B SITE:W�VCrW.TRAVELDUBTJQTJB.COM _ .. , , ' '. . . . . ._ �,. _ ;p.• _ .. =;:t;;a=.;r':_�;;:F:--��:�; .i" _ .'�'t�C�b' ��lr�ir�: �li;'O� .j�f— _ - -- ' .�f_- �.:X �i,.., ��k:,,..y.,.::kY:°�:-,1.:n2:.;: :r' -5�' . L:S otY}�:i`5-.,�,, L�hh` � �k,�s�.:��,'... , %`. .-, �� � jl r F,r'� � ,�,.�:��,�:. } l r., . - ::���t' :;F^ ' `�' - , .t.. _;' `.?— !,:'.s, 1Yr_�� a . . � � - � - - •='`-`.h'1'�T`�� x� ty', ;' -:(=.\.; ' ' _�:�•"�.. ���,. .�i� _ - - V' . , -.i; . '."S��JM1us;'-��:�'sr''.� �J �AF n �wn" _ w, "'`�'ob�>��; . ' c`.;r.c',..:;",i� C}n`�r. - , •'� �' 1}'��s '� �' :�te, �':}-.��.�. .'.�a, �� *J a)��y�z,.,� `� :.,y_ .. � �y,� n..����} ,^ �'�, kt TS_G ��!� `� '+ "'�,.1 , f\fY y..5 . � 1'�,�. � @ . ' ' !,� � �� £ .: .i�l � � t i ' y� '� A� .�, . " J � . �=�^ �.. ; �;���-�:������.� �� : �\'���Zs���4 r-�'.'.3.�s`.���;��'A'.r- �� .. . �-- CO�IMEIVZOI2.ATIVE�l'POR'I'tiNITIES Gift Opportunity ' Anaount Gift�pportunity Arnount W�x�.a,rrn $1,OOQ,�O� RTVER SfVAKES AQUARtUM $i00,000 ATx�UM&BAcxwATER M�SK AQUAe2UM $1,00�,000 R�R VIEW CA�� $IOO,OOO �AUDITORIUM�.THEATER �SOO�OOO HISI'ORIC PLEASURE BOAT GALLERY �IOO�OOO FLOODED BOT'�'�M L,�.Ivb FORES'TAQUARIUM �SOO,OOO HALL OF FAME STEAMBOAT CABJN EXHTBTT �IOO,OOO O'T"T'ER POND/AQI7ARI[.iZvi �SOO,OOO SMALL$pAT BliILDING SHOP . �100,000 �WETLAB �SOO,OOO TOWB�AT SThfULA'T'ION EXEiTBIT ��QO,O�O HALL OF�''Ae�tE GALLERY �3OO,p00 THE ORIGII�'AL RNER EXHIBIT �1��,��� �t1MPHITfTEATER �2�Q,���[ �'VATER QiIALITY SZ AQUATIC INSECTS EXHBI'Z' . $1OQ,0�� B:4l2GB AHEAD EXHiBI'F �ZSO,OOO` �VETLAI�iD OBSERVATION STATION �IOO,OOO REAUIIVG ROOM �ZSQ���Q BUILC3ERS�'II�zVENT0i2S EXHIBET �SO���� BOATYARD PLAZA ��SO,OOO CLIMMING CAI�9P E'XEiIBIT �SO,OOO FREIGf{'I'�TOUSE RESTORA'FION �2SO,OOO DLTGK BLINLI EXHIBIT �SO�OOO LOGSDON E'NTRY ��SO�OO� FISHER'S CAMP E'XHIBIT �SO�OOO PADDLE6VfiEEL PLAZA �zSO,OO.O FUR TRADEIVOYAGEUR EXHIBIT � ��Q,000 I RIVER OF CFi4ICES �2JO�OOQ NA'�'TVE AMERICAN STORY TELLEI2 E'XEIIBIT �i�O,OOO RIVERS GALGERY(GT-IANGING� �ZJ�O,OOO NEWTS S�Ii'RpGS AQUARIUMS �iSO,OOO TELE MUSEU�Co�rFER�n�c�Nc $2SO,OOO MUSSEi.s&ZEB�.A MUSSEUS AQUntiIU�aS $SO,OOO BQATBUTLbING BOARDWALK ��OO,OOO ORNA1vJSNTAL RATLIIVGS �SO,�OO ��LOOD FLAII�STR&AM TASLE ��OO,OOO �'`PAVTLION . �SO,OOO Gi�r SxoP $200,QOO �PLAZA AT CASC_ADTNG STAIRS �SO,OOO RATLROAD DEPOT RESTORATION �ZOO,OOO RFVER T[MELINE EXHE$IT ��O,OOO '�WETLAIvD IN`I'ERPRETIVE SIGNAGE �180,000 TRAIL HEAD FOR HERTTAGE TRAIL �irJO,OOO BOAT&Bt2EAKFAST �l�S,OOO WARI7EN'S GAMP&SNEAK BOA.T �J�O�OOO RIVEI25 EDGE PLAZA �1�S,OOO �RIVER L.A.NBTNG�NORTH� �2S,OOO NOR'TFi E'ND NEiCEiBORHOOD TRAIC. �1�0,000 RivEa L��ttvG(sou�rz�) $25,000 VISITING BOAT DOCKS � �ISO,a�O WILX,IAM M.BLACK STEAM E1IGTNL ACTEVATTON �LJO,OOO BOATLAU�iGFiIIVG E'XEIIBI'F ' y�lOO,�OQ COLLECTIVL NA.MING OPPORTLTNI"TZES CASGAf�ING STAIRS $100,000 DEEJ?WATER AC,�UARTC7M(�1,000 000 value) $5,000 To$25,OOQ CHILDREN'S OUTI�OOIt PLAY.AF2EA �10d,Q�� RXVgRWALK (��,���,���'ValUe� � �5,00��o$25,�0� DAR'CER AQUARXCIIvx �IOO,�Q� �HERTTAGB TtLAIL BACKBON$ �lOO,OOO ACHIEVEMENT'AV��ARD EXHTBTT �iJ,OOO TO�ZS,OOO His'roxic Lzct-t�ri�rc �100,Q00 � LIV�ANIMAT..TOUCH TA$LE �I00,000 WET'LA[vD LANDING ��.00,000 Gifts may be made in hanor or memory of another person. �A'THFINTTERS KEELBOAT EXHIBIT �IOO,OOO �RIV$R MODEL S1'RE?�Ivi TABLE �100,000 Other apportunities are avai(able. . �Fu fidled 1.4 . �����Q�i America's River Fund Drive Nami�ng Policy The putpose of this policy is to fairly a.n.d equitably recognize the generous contributions o� . donars to the America's River project. This policy has been forrnulated by the oxiginal paxmers of the America's Rivet�praject;the Dubuque County Histoi7cal Society,the City of Dubt�que a.zxd the Dubuque Axea Chamber af Coinmerce. Nam�ng Levels Far donations of$250,OOQ or Iarger,aaa,amenity znay be naxned for the donar,fox example Alliant Ez�ergy Amphitheater. These donors will be recagnized at xh.e arnenity and also at the Museu.nrz and at the Riverwalk. For donatians above$25,000 up to$249,999, an�enity will be descxibed as supported by a do�or. For example,"Pavilian,made passible by�C�ze generosity of tha Dubuque Rotary �'oundatian:' These donors will be recognized at�1ie ax�n�nity a.nd alsa at t�e Museurn and at the Riverwalk. . For danatians of$5,000 to $25,000,generally donors will be recagnized as su�portirzg the Riverwalk aiid tkie Deep Water Aquarium in a group listing in the Museum and at the Riverwalk. Tl�e Riverwalk wi.11 be called.the Mississippi Rive:rwalk an.d no indiv�idual na.rn.i�ug will be assigned to the Riverwalk otk�er than the collective naming described�generally above. Memoxial gifts und.er$25,000 znay be recognized o:n benches or anath.er separate amenity at the discretion of the o�vner of that e�.tity. For donations$500 to$4,999, donors will be�recogzxized in�iae Museum and o�a a group�Iaque at the Riverwalk as supporting th�trees, lighting or fish. Naxn.ing at this level will nat be attached to speeific ixees or lights or associated with specific anima�s. For donatians from$100 fio$499, donars�vill be recogz�ized in a prograxra.at the opening,but will not be recognized on a plaque in the Museurn or at the Rivexwallz. Tiu�ang and Design Gifts mus�be made by March 31,2003 in order to be included in the recogtaitian in the Musezu�n and at the J.2iverwalk. Correction.s rnay n.ot be abie to be rrzade a.fter that date. Naming shall generally by£'irst and�ast names,unless another form is specificaliy xequested by the donox. Amerzca's River will make e�very effoz�t to cor.rectly list each donor is name and requests the coaperatian of eack�donor to review znaterial sent to them to insure that the nax�ne, titl.e and spelling is correct. In extraordinaty circuxn.stances,the City or the Hzstorical Society m.ay,at their sole dxscretion, upon request by the donox,make a one titx�e change to the naza�.e credited on a plaque provided � that l.)there is a subs�antive reasQn for the chara.ge,and 2)the doz�or pays ail cost associated with �tl�e change. (Zt m.ight not be possible to change any etching on the floodwall.} Naming shall�ast for the life of th.e amenity,until such time tk�at the a�xienity need.s to be replaced or reconstx�.icted thraugh normal weax and tear. Approval �inal approval of narning for City amenities is by the Dubuc�t�e City Cou.ncil. Fina1 approval of na.min.g for Museum amenities is b�the Dubuqu.e County Histarical Society board. Publicity I' P�blicity,xn addition to the recognition above,is provided through newsletters,thanlc you letters, and other methods. Gezzerally a gift must be$100,000 oz�nnore in.order to warrant a sepaxate media event to asvlaunce the gift. � � �j � ��� � ��_�,�"���' +c v��f � �$ 1VI � � C) RA. NI� �.TI�I ���-� . September�[2, 2��2 TQ: The Honorabl��I![ayar and C'r[�r Council Members �a01111: Michaefi�.Van Milliger�, Gi�ty M�rtager SUBJ�CT. Aliiant Energy Naming Rec�uest Alliant Energy�vas one of several busEnesses and orgar�izatians approachec�by#he Arnetica's Riverfundraising comm�ttee during the on-going fund drive. When approa�hed,Allian�was told that naming opporEuniti�s were avaiiaYale for substan�ial danativns foward tne pra�e�k. Allian�Er��rgy agr�ed fi4 danate$25p,{}Qt!foward the• cons�retction af the amphitheater i�t front afi the former Star�rewery. Since that time, this component has been refierred tc�as t#�e A(liant,Amphi�heater. AI[fanfi�nergy has requested the Gity Counci!approve the narn�"AII[�17�Et'tBF��! - Am�rhifheafe�' priar ta the ribbon-cutting ceremony scheduled far Qcfiober 9 5. Addit�onafly,AIliant has requested recog�i�ian in hanor af�ormer ln�ersfate Pow�r pr�sident and.4merica's f2iversupporter Wayne St�ppe�moor. [ resp�ct�ully recornmend Mayor and Gity Councif approv�l of�e Ailiant Energy request. � . �t � Mic aei C_Van f�lilligen MCV�h Attachment oc: Bar�r Lindahi, Cprporation �ounsel Cindy St�inhauser,Assistant City h�lan�ger Pauline�oyce,Administrative Services Manager . Susan GwEasda, Public tnformation Officer ,� _ , , ,ii� ' ' ALI.�ANT �NERGY„ Rlliam�nergyFuundafion,�nc. �OU t"l C�1f101"l 200 Frst 5treet SE P.p.Box 351 CedarRapids,lA 5240H•Q351 • �eptember lJ�,2a02 at�ce:s�s.rss.aa7a Fa�c Si9.78&.4796 �-T,������ w�rtmtailiarrtenergy.carn �j�OS City o€Dubuque � ��3 W�13�`Stzeet � . Dubuque,�s�aa� �7ear�Ir.D�aggan, � As oompletian offihe America�.River's Am.phitheater canstructian projeet dxaws near, � the�Alliant E�uu�rgy Foundation wou�d like to axp�ress our exci.tement of bein.g involyed wi.th a proj ect of tlais caliber. �ae ri�verfront develapment projecfi fias pxavided the Allian.t E�xgy Fnundation�v�.th an.autstan.cling oppartun%ty to partner with tb.e city and peop�e af �Dubuc;ue. We axe proud to be a��rt Q�t1�i.s tremendo�s project to revil�tize I3ub�ue's wa.tez�ron�. � The AJ..liant Energy Foundation°s�ubstan.t�al f�.rad'u�g of$250,�00�or the projeet has alsa . pxavided us-the chan.ce ta shvw�case aur strong corpc��rate leadership. The a:aaphitheater will provide the city wi�h.a pivotal.gatheivag si�e for festi�s,music,and dramatic events. It is alsa a.wo�derrial vpportxxni.ty to xeco�iz�the importance of�e riverfront, . Y3�tk1�POI31 A.CO])lI]1�FC7.�I.ai1t�1riCI1.FSGt1'i�5f21a.C�p47.Jlt. Tl�e A�liant Ene�rgy Faundation respeci�,illy re�ue�ts that the council a�ame The str€�cture ".Alliant Energy Atnphitheater." �n con-esponde�ce vvi�.serry E�az3.er,Exeet�tive Director . af the M.�ssissippi R3.ver Museu�,�ve have expJcesseci that w�wo�d like to se�a plaque � on�.e pretri�that would indieate the p�ro,���nvas in honoz of W ayx�e Stoppelmoor, �ormer 1'�esident a�In.tersfafe��awer Campany from 1.987 ta 1997,an.d former Chairman from 199Q-1948. The A1tia�Energy�aund�tion asks�Tzat the Dubuque City Cawacil revievtrs o-�reques� . at the September 1.6,2002,City Gounci].meeting. Plsase let us l�ovsr if we caxi�rovide auy addi�ional infarmaix.on. We Ioak forward.to hearing back�rom you saQn.. Si�.cerely, , . �� �t��d�,�..,J� �, .�,�,��,��� Ca�rol TQussaint ���wr� ��'4��1� '�'��;� . Interzm-Executi�ve Dzrector All�iant Energy Faundation s E =i ��c� �� �i�� Gr� . ��!rt�e.,�..�.tt..a > . . FkOM : MRM/DCHS Ff�X NQ. : 5635831241 Sep. 12 21�2 03:3lPM P2 ."'�!S Y y. ,' `"�t=�.,,�'''`� �^ a'';::•'r!' ..=r/�: ?, ..y .;r',•;� _ �"� � ,r .;1 �r �•,I"U1�,'.:'•' �.y" r .�` +,.: �; �5� :% 'J ' �'�1t% � •:.^�s of••'.r�'w..s>�1�• , �i:�`pi" ,. �=' `�' `g ✓ n�i�,/ � ��+.�...�'r . . -j'`• •i _ iy \4L"r �. > t �+ ' . :lb'. • Cf:t i� R;.� �li�isE�\3� . _ __-... .�_.�. ..-�.-._ �.. -...-.r�..-..-._-..-.... � :tC).Hi��?r�;, ; [7til�iiy:��.fl,1 ��i)ti-4-lf'hh v Su�ter�ber 12, 2(}OZ Mayar Terry D�.gga„n IVIem�+crs of`t�e Czty Cat�cil 5iJ W_ 13�'St. � - DubutiQe,IA S�at71 Dear Mayor Dug��n anci Niembers afthe City Gauncil; As p�tners in tbe America's River d�veiopment team,we enc4urage you to offieialIy�tam.e the am�ahiEheafer as the.�ltaant�'nergy�nphitheaxer. We support Alliant Ener�ry°s c�esixe ihat it�e � amphith�a.ter also cont�a plaque indica�ing that the naming is in Iwna3r of � V4ta�e Stappelmoor Iniersfate 1'o�vex'Company Presidertt I98�—1997 Chaixmatt 1990-1998 '►'�i�is consisten�with our praap,pxnved.�t�ndraising and naming recogutiori plan and with our . di�cussian witf��Izant Enarg;y az�Septernber 22, �.9�3$. At th�ana�ouncemcnt of the gift in April 1999,vve�,�nveiled a 7a.rge ix�age�f the arrrghitheat�r e�ttitled AlIiant Am�htt.�ea.ter. � � Therc�'or�,we naw stm,ngly urge t},e cit}r oouncil,t�approve the naming of the a�hitheatez-as i the Alliant Energy Amphitheater and fura�lerm.ore�ha.t the.namssz�be recognizc;d as be�i�g i�t �tonor af . Way.�,e Stoppe)maor � � . TrlterSta.te POwex Ca.in.pany i President i 9S7—�.997 I . Chairman i 990-I9�8 . � Sin Iy, . _.�--�y--"^ � . _ ��� Jer�v x�z /►�1 'I'eri Gtac�dmar�i � � � ��px .€)eveIap.mcnt Director Nati a1�Vliss�ssippi 12ive,� Nat�onal iVCssis�i.ppi Ri�v�r ' Ivluseu€rr�&Aq,ziarium Mus�um&Aq�.riu�n � asnEcic�..sriv�an�.cam �fr.�-�b�-I3i$ N'b\'Vl;�tCIL`7•YLi23M VE:Y:OI]IIl GLT'Y t�r- I_)�•b�:Ui:i. Z�tSS1.ssE�!•�?2��•�. !. '—„"W"'�`-"---......�,.___.. �z_Tr�,�t•�: L3t.kz;G2•F�Lttt:,a �� . :�3:rn-�:.�itii.:>s's�i.�r.�..n1�?�a��: i;nc�qY;xf.cfr;�ri� t:H.�,n��zt,or•C`.c��l.ttt:irt:�; ��. 'IH�CPI'Y dF DuB E MEMORAI� DUM �,�.`��� May 28, 2003 TO: The Honorable Mayor and City Council Members � II, FROM: Michael C.Van Milligen, City Manager SUBJECT: Namir�g Rights/Opportunities at the Grand River Canfier and other City properties; Temporary names for meeting rooms in the Grand River Center Economic Deveiopment Director Bi{i Baum is recommending that naming opportunities be made available for different spaces at the Grand River Center,the Shot Tower Visitor Center and the Hawthorne Street Peninsula Water Works Park. The , commemorative naming oppor�unities would be as follows: . Six meefing rooms: $250,000 each Ball Room: $1 Million Exhibifi HaII: $2.5 Millian Outdoar"Tri-State" Plaza on West Entranca: $250,00� Fountain/Garden Area front of Center; $250,Oa4 . �Prefuncfiion Space"Grand Hall" autside of.Ballraom: $1 Million Bridge Connection to Grand Harbar Resort: $50Q,OOQ River Raom: $1 Million Shot Tower Visitor Center: $1 Million Hawthorne Street Peninsula Water War[cs Park: $� Million The autdaor"RiverFront" Plaza an the east side of the Grand River Cenfier has already been named in hor�or of fihe William J. Klauer Family far$25Q,OQ0. � He further recommends approval of the temporary names for the meeting rooms at#he Grand Rivar Center of: 1. Dubuque Room � � 2. Ice Harbor Room �`� �` -� :� � 3. Shat Tower Room ��- � � � 4. Steamboat Room � ,;;. � ;,.�,� 5. Towbaat Raam r� ��=� a= �.. .�..�. 6. Padd[ewheef Room ��? � � c � � , [ concur with the. recommendation and respectful[y requesfi Mayor and City CounciE appravaL � Michael C. Van Milligen ` "� MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant Cify Manager William Baum, Econamic Development Director i � cir�r o� Du�au�uE, �owA 1V�EMORANDUM May 27, 2003 I, � . , TO: Michael Van Milligen, City Manager �r�.�/ FROM: Bill Baum, Ecanomic Developrnent Director SUBJECT: Naming Rights/Oppor�unities a�the Grand River Center, and other City praperties; Temporary names for meeting roams in the Grand River Cen#er INTRODUCTION AND DISCUSSION The National Mississippi River Museum and Aquarium, in the development of America's River project, has made commemarafiive naming opportunities avaifable for substantial donations ($250,04�+) toward the America's River projecfi. The City Council's rale has been to farmaliy designate areas for recognition. The first commemaratian occurred in September wher� the City Caunci[ approved the naming af the amphitf�eater in front of the former Star Brewery the "Alfianfi Energy Amphitheafier." The City Cauncil has alsa r�cognized the donation of American Trust by approving fihe name ofi the River's Edge Plaza as "American Trust River's Edge Plaza", and the Plaza an the Riv�r Sida ofi�he Grand River Center as "William J. Kfauer Family Plaza." Whi1e these naming oppor�unifiies are targeted ta the Aquarium or autdaor ameni�ies of the America's River Project, the City has yet to pravide other commemorative apparfunities in and around the Grand River Center, the Shot Tower, and the Hawthorne Street Peninsula Water WorEcs Park. A comrnittee consisting ofi Assistant City Manager Cindy St�inhauser, Administrative Services Manager Pauline Joyce, and I have been meeting ta discuss these narning opportunities, and have developed recommendations an proposed donations. The fund raising campaign af the Museum for#he America's River projact is afi a stage that this City initiative should nat int�rf�re with their efforfis. Attached are the comrnittee's recommendations. The design review committee has also met to review and make the fol(owing recommendations far temporary names for the meefiing rooms at the �rand River Cen�er: 1. Dubuque Raam � 2. Ice Harbar Room 3. Shot Towsr Roam 4. Sfieambaat Room 5. Towbaa� Room 6. Paddlewheel Roorn A drawing of the Grand River Center is attached. REC�MMENDATION 1 recommend the attached policy fior Commemarative Naming Opporfiunities at the Grand River Center and Other Commemorative Qpportun9ties be approved by the City Cauncil, and 1 recommend the temporary names for#he meeting rooms be approved. � _ __ _ Commemorative Naming Oppor�u�ities at the Grand River Cen�er Six meeting rooms: $250,000 each Ball Ropm: $1 Mil[ion Exhibit Half. $2.5 Mi{lion ', �utdaar"Riverfront" P[aza on East side of Center: $250,000�` Oufidoo�-"Tri-State° Plaza at West Entrance: $250,000 FauntainlGarden Area front of Center: $250,000 Prefunction Space "Grand Ha[i" outside of Ballroom: $1 Mi[lion Bridge Connectian to Grand Harbor Resort: $500,000 River Roam: $1 Miflian Total: $7 Millian � �Reserved for William J Klauer Family. � OTHER COMMEMORAT(VE OPPORTUNITIES Shot Tower Visitor Center: $1,aoa,000 Hawthorne Street Peninsula Wafer Warks Park: $1,000,000. w:1USERSIWBaumlMemos fo Mike--GenerallMemo on Nart'ting Opportunities.doc ?wtasrr�.,:.a,:: •. ., .. t;��,�;�"a - a��a�'a�t:l�;.. 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'.,.. . .,,., .. . :.. p , . . .. �AiiN!R' . . . ��N� t. . . � � "� .. ' ' . . . ..: . ' . . �� ... . . ' �'.� . . _ .. � .�: . ' �::tr'�� ' . � . . �. „4 - . f�.: . ''.. ;'. . . . . . . � . � _ ..� _ ..i :r �.��C°� . . . ' . . :'�� ��i��:�`::' ' . • _ i' :.-, 3 ; " .� .�;.- ; .... :.' . . ... . - . .::. . . . .: .... ... . . .�� . . . .. . 7'FIE C1T'Y OF DuB E MEMORANDUM ����� August 10, 2005 I� TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Naming Opportunities at the Grand River Center and other City Properties Assistant City Manager Cindy Steinhauser recommends that the naming opportunity amount for the Grand River Center(GRC) and other City properties be revised as follows: • GRC meeting room (six total) $ 100,000/each • Outdoor "Tri-State" Plaza West Entrance $ 200,000 • Skywalk to Grand Harbor Resort $ 200,000 • GRC Lower Lobby space $ 200,000 • Prefunction Space outside Ballroom $ 400,000 • GRC ballroom $ 500,000 • Water Works Park $ 500,000 I concur with the recommendation and respectfully request Mayor and City Council approval. �� � .�, `1,,.: �. Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel . Cindy Steinhauser, Assistant City Manager , -� �.:.: ,.. . • , ,�.� . , , . � _ - � , _ . � ... ,:� _ .. . !.:�_, :;��_ _, _.. :_� THE CITY OF � DuB E MEMORANDUM ��.`��� August 3, 2005 TO: Michael C. Van Millgen, City Manager FROM: Cindy Steinhauser, Assistant City Manage SUBJECT: Naming Opportunities at the Grand River Center and other City properties Introduction The purpose of this memorandum is to provide you information on naming opportunities for city properties and to recommend a revision to the current cost for each area. Backqround In June 2003, the City Council approved the following naming opportunities and sponsorship levels for different spaces at the Grand River Center (GRC), the proposed Shot Tower Visitor Center and Water Works Park. Naming opportunities are those in which the donation represents a significant giving level and then a name is associated with the space. For example, the American Trust Rivers Edge Plaza was a fulfilled naming opportunity. These are different than commemorative opportunities which are those in where the giving level warrants special recognition. An example is the Pavilion at the Rivers Edge Plaza made possible through the generosity of Rotary. The following were the approved locations and amounts for Naming Opportunities: • GRC meeting room (six total) $ 250,000/each • Outdoor "Tri-State" Plaza West Entrance $ 250,000 • Outdoor Plaza East Entrance $ 250,000 *fulfilled • Fountain/Garden Area in front of Center $ 250,000 *fulfilled • Skywalk to Grand Harbor Resort $ 500,000 • Prefunction Space outside Ballroom $ 1 million • GRC ballroom $ 1 million • GRC exhibit hall $ 2.5 million • River Room $ 1 million • Amphitheather $ 250,000 '"ful�lled • Rivers Edge Plaza � $ 250,000 ''fulfilled . . _ . . . . . .. . . . . .. • Shot Tower Visitor Center $ 1 million • Water Works Park $ 500,000 In establishing these levels, city staff reviewed information on naming opportunities of similar sized communities and projects, analyzed the cost of the space and size of the space in relationship to the entire project. In addition, city staff reviewed the information with HOK Venue, the internationa{ architect firm that designed the Grand River Center and has assisted previous clients with naming rights, and with Teri Goodmann and Jerry Enzler from the National Mississippi River Museum and Aquarium (NMRMA), The following naming opportunities were reviewed as part of this research: • Hy-Vee Center Des Moines - $8 million over 20 years *ful�lled • Midwest Express Center Milwaukee - $9.25 million over 15 years •fu�fi��ed • Alliant Energy Center Madison - $6.3 million over 20 years *fulfilled • Touchstone Energy Place St. Paul —2.35 million 10 years '"fulfilled • NMRMA Wetland - $1 million *fu�t'i��ed , • NMRMA Auditorium & Theater- $500,00 *fu�fi��ed • NMRMA Reading Room - $250,000 *fulfilled • Figge Art Center (FAC) Davenport - $12 million "fulfilled � - FAC North Plaza space $3 million *fu/filled - FAC Exhibit Gallery $3 millian *fulfilled - FAC Lobby $1 million *fulfilled - FAC Gallery space $1 million *fulfilled - FAC Library $500,000 '"fulfilled - FAC South Entrance $250,000 *fu��iiled - FAC Gift Shop $10Q,000 *fulfilled Discussion Recently the City has been approached about naming opportunities and levels previously approved to obtain naming rights. In response to this, I have again reviewed the informatian with the parties noted above as well as visited with representatives from SMG, Inc., an international private management firm for Convention and Conference Center that has experience is soliciting naming rights. The consistent message that each of these firms stated was that people are interested in naming rights for two reasons 1) community philanthrapy and 2) marketing opportunities. They all also agreed that the amount of marketing opportunities through naming rights is abundant and very competitive. Based upon this input I would recommend that the naming opportunity amount for the GRC and other city properties be revised as follows: • GRC meeting room (six total) $ 100,000/each • Outdoor "Tri-State" Plaza West Entrance $ 200,000 • Skywalk to Grand Harbor Resort $ 200,000 • GRC Lower Lobby space $ 200,000+ . • Prefunction Space outside Ballroom $ 400,000 • GRC ballroom $ 500,000 • GRC exhibit hall $ 1 million • River Room $ 500,000 • Shot Tower Visitor Center $ 450,OOQ • Water Works Park $ 500,000 +Not previously on the naming opportunity lisf but being recommended Lastly, a consistent theme in reviewing naming rights with the parties above was that the city may want to consider establishing a term limit on those naming rights that represent marketing opportunities for a business as opposed to those that are purely philanthropic. As shown above, several of the examples had limits from ten to twenty years. This is consistent with industry standards. Based upon this, I wauld further recommend that a 15-year term be established for naming oppor�unities in the Ballroom, Exhibit Hall, River Room and Lower Lobby. Request The requested action is for City Council to adopt the revised recommendations regarding naming opportunities. EXHIBIT B History of Donor Recognition National Mississippi River Museum &Aquarium 1978 to 1982: Establish Fred W.Woodward Riverboat Museum and acquire Wm. M. Black The effort to establish the Riverboat Museum, what is the National Mississippi River Museum& Aquarium today,was let by Wayne A.Noi�rnan, Sr. The goal was $800,000 and the Historical Society raised$1.1 million, exceeding the$600,000 matching requirement by raising$900,000. IVlatching funds included$100,000 for the value of the William M. Black. Leadership gifts included: 1) Bob and Ruth Kehl donated the Burlington Northern freight house in December, 1978. It was valued at$50,000 (equal to $195,500 in 2015 dollars)with naming recognition at the entry to the building. 2) The Woodward Foundation gave a$200,000 challenge grant in February, 1979 (equal to $726,819 in 2015 dollars), requiring$600,000 of matching funds. The freight house would be named the Fred W. Woodward Riverboat Museum. Gift was 25% of the total goal. 3) Grant from the Maritime Program of the National Park Service/National Trust of $135,000.No naming because it was a government grant. A donor panel was created at the entrance to the Woodward Riverboat Museum consisting of engraved brass plates mounted on wooden plaque with donors recognized by gift category. There were no individual names on specific exhibits.. 1983 to 1986: Completion of Woodward Museum, Creation of National Rivers Hall of Fame,Establishment of the Endowment,Development, and Education In 1982 The Society received a$200,000 NEH Challenge Grant with the requirement that we raise$600,000 in matching funds to continue the development of the museum as well as establish a$200,000 endowment. Including the NEH challenge grant, we raised a total of$1.2 million. The donors to this 1982-1985 campaign were recognized by adding their names to the existing plaque at the entrance to the Woodward Riverboat Museum.No donors were recognized on individual e�ibits. 1987 to 1991: Iowa Welcome Center,Local History Gallery,NRHOF,Archives, Endowment, National Outreach, Fund Raising, and Development The Society raised$3.5 million to establish the Iowa Welcome Center, local history gallery, and NRHOF gallery, and archive where the National River Center gift shop and archives are now. There were a few donors recognized individually and all donors above a certain amount were listed on a recognition plaque placed at the Iowa Welcome Center lobby by category. 1997 to 2003: America's River—William Woodward Mississippi River Discovery Center, Wetland,Local History,Archives,William M. Black, and Endowment. City projects included Grand River Center,Riverwalk and Amenities, and Grand Harbor Resort. The Society, working with the Chamber/CVB, and the City. Led this$188 million campaign. The Society portion of the fundraising goal grew fi•om$10 million in 1997 to $25 million in 1999 and$56 million in 2000,part of the$188 million America's River project. William Woodward's bequest resul.ted in$1.8 million. When combined with gifts from the Woodward Foundation and family,this totaled about 20% of all private, foundation, and corporate giving. Meetings were held to develop recognition guidelines with Braren,Mulder and German fund raising counsel, Museum leaders,the Chamber of Commerce and CVB, and the City of Dubuque. This established official joint naming recognition for the Museum, Chamber/CVB, and 'I City project. River Museum leaders with Lyons Zaremba exhibit design fii7n and Braren, Mulder I and Geiman established criteria for donor recognition in the 1Vluseum: I 1) Two Donor Plaques were installed at the Museum&Aquarium and also on the US Senator John C. Culver Flood wall, listing all donors at$500 and above by giving category. 2) $250,000 and above merits 1) a"naming"which means the donor's name comes before the name of the e�ibit or feature, such as `Bowell Library"or the American Trust River's Edge Plaza 2)the donor's name can be recognized with letters on the wall, as well as possibly 3) recognition on an individual plaque 12"by 18". 3) $100,000 to $249,000 merits"donor recognition" on an individual 12"by 18"plaque, such as Gift Shop made possible through the generous support of the Bertsch Family." 4) $50,000 to $99,999 merits "donor recognition"on an individual 10"by 14"plaque, such as "Snakes Exhibit Made Possible Through the Generosity of the Gantz Family." Outdoor signage was larger for visibility. ($50,000 in 1999 is equal to $72,656 in 2015 dollars) 5) Below$50,000: There was to be no individual donor recognition for gifts below$50,000, but they were to be given prominence on the group donor panel. (Because it was promised, we put up 1 donor recognition plaque gift(4"by 15") and the other 20 or so donors at$25,000 were recognized prominently on a group donor plaque. 6) No logos were allowed for any long term museum donor recognition,but allowed for short term or event sponsorship made possible as a marketing or sponsorship donation. 7) Individual recognition was later established for benches, ranging from$1,000 to approximately$3,000. 8) Government grants were listed"all donor"listing,but not individual plaques. 2006 to 2012—America's River II: National River Center,Mississippi Plaza,Endowment, Exhibits and Films,Facilities, Operational Support,National Traveling Exhibit and Outreach,Fundraising, and Development America's River II campaign was to raise$40,860,000 for the Museum and was partnered with $29,520,000 for the City parking ramp for a total of$70,380,000. Donor recognition rules were substantially the same as AR I, but more grouping and fewer individual donor plaques. 1) Donor plaque was created at NRC entry listing all donors over$1,000. In addition: � 2) $500,000 and above merits 1) a"naming which means the donor's name comes before ! the name of the e�ibit or feature, such as"Captain Robert Kehl Exhibits"2) the donor's � name can be recognized with letters on the wall, as well as possibly 3) recognition on an individual plaque 12"by 18"or a similar, suitable configuration. 3) $250,000 to $499,999 merits a"naming"placed on an individual plaque 12"by 18" (Gifts below$250,000 were nof"naming"recognition,but"donor"recognition such as , "Rivers Edge Cafe supported by American Tiust." i 4) $100,000 to $249,999 merits "donor recognition" on an individual 12"by 18"plaque, such as "Rivers Edge Cafe supported by American Trust." I 5) $50,000 to $99,999: Approximately 15 donors were recognized on a group plaque for the � Rivers to the Sea exhibit,but they were not listed on an individual plaque. 6) $25,000 to $49,999: Approximately 20 donors were recognized on a group plaque for the ; RiverWorks Discovery Splash Zone e�ibit,but they were not listed on an individual �, plaque. ', 7) $10,000 to $24,999: Approximately 27 donors were recognized on a group plaque for the I 3D/4D theater,but they were not listed on an individual plaque. �'i 8) No logos were allowed for any long term museum donor recognition,but logos were Ii allowed for short term e�ibits, event sponsorships, or pavers. I 9) Donors for pavers were separate from above guidelines and allow logos. I' 10)Government grants were listed on"all donor"listings,but not individual plaques. THE CTTY OF Dubuque �" ui���eNe�ary DUB E 'il��i;' Masterpiece on the Mississippi Z°°' Z°'Z 2013 2017 TO: Michael C. Van Milligen, City Manager FROM: Marie L. Ware, Leisure Services Manager SUBJECT: CAT Grant Application for Miracle League of Dubuque Baseball Field and All-Inclusive Playground Project DATE: September 26, 2018 INTRODUCTION The purpose of this memorandum is to transmit a Notice of Intent to Apply and a Resolution for a Community Attractions and Tourism (CAT) grant application to Enhance lowa for the Miracle League of Dubuque Baseball Field and All-Inclusive Playground Project. The City of Dubuque will be a co-applicant with Miracle League of Dubuque. The CAT grant application is underway and must be submitted by October 15, 2018. BACKGROUND The CAT grant program is designed to assist communities in the development and creation of multi-purpose attraction or tourism facilities. CAT awards can help position a community to take advantage of economic development opportunities in tourism and strengthen a community's competitiveness as a place to work and live. Eligible projects are construction projects including recreational centers, sports and other attractions that are permanently located recreational, cultural, educational or entertainment activity that is available to the general public. CAT awards typically average 10-15% of a total project and are the "last dollar in", which means the Enhance lowa Board will not make an award until the applicant has raised all or most of it fundraising match. DISCUSSION The project is to be located in Veteran's Park. The grant project elements include relocation of Veterans Field 3, Miracle League field, an all-inclusive playground, a new restroom/concession/classroom/storage building, family plaza and picnic/shade park, parking lot modification to add a drop off-loop, entry pavilion and Hall of Fame Boulevard. The park will offer ADA accessible walking paths, picnic areas, benches and adequate shade. Miracle League of Dubuque is responsible for concept, design, construction and fundraising. Once completed the City will take over operations and maintenance of Miracle League structure and park amenities. Miracle League of Dubuque anticipates the facility to be available to more than 10,000 people ages 2-31 in the Dubuque area who have documented disabilities that prevent them from fully participating in sports leagues or at the playground. There are additional persons with documented disabilities of all ages that will use the facilities. This will also allow friend, neighbors, parents and grandparents that might have disabilities to come and play in an inclusive environment as well. Once completed the ballfield will be used for Miracle League play and tournaments. The remainder of improvements will become an attraction for all persons from Dubuque and the region. The project has an estimated cost of$3.5 million. The construction is estimated to start in March of 2019 and be completed by September of 2019. The CAT grant request is for $500,000. Miracle League of Dubuque has raised $2.34 million to date. In the previously action that approved the Miracle League Field Agreement By and Between the City of Dubuque, lowa and Miracle League of Dubuque the City agreed to be a co-applicant for a Community Attractions and Tourism grant (CAT grant). The City additionally agreed to contribute an amount not more than $50,000 to the Miracle League of Dubuque project. The agreement stated that this was subject to all other commitments required for a successful CAT grant application. One of these commitments is that Dubuque County would also make a financial commitment. The County Board of Supervisors passed resolution number 18-244 in which they also approved up to a $50,000 if the CAT grant is awarded. This resolution is attached. The CAT grant program is a part of Enhance lowa and requires a lengthy grant application. Eastern lowa Intergovernmental Association (ECIA) has been compiling the CAT grant application for Miracle League of Dubuque and the City. The cost of their contract is being paid for by Miracle League of Dubuque and support from the Grant Wood Loop/Keep lowa Beautiful project. BUDGETIMPACT The $50,000 matching donation from the City toward the Miracle League of Dubuque project would be funded by Fiscal Year 2018 operating savings in the Parks Division. ACTION REQUESTED I respectfully request the City Council approve submittal of the enclosed Notice of Intent to Apply and the Resolution for the CAT grant application for the Miracle League of Dubuque Baseball Field and All-Inclusive Playground Project to Enhance lowa. 2 attachments cc: Steve Fehsal, Park Division Manager Dan Kroger, Recreation Division Manager Laura Carstens, Planning Services Manager 3 Prepared by: Marie Ware, Leisure Services Manager Address: 2200 Bunker Hill Rd, Dubuque, IA 52001 Telephone: 589-4263 Return to: Kevin Firnstahl, City Clerk Address: City Hall 50 W. 13th St Dubuque IA 52001 Telephone: 589-4121 RESOLUTION NO. 296-18 RESOLUTION APPROVING CAT GRANT APPLICATION TO ENHANCE IOWA FOR MIRACLE LEAGUE OF DUBUQUE BASEBALL FIELD AND ALL-INCLUSIVE PLAYGROUND PROJECT Whereas, Enhance Iowa has allocated Community Attraction and Tourism (CAT) Program grant funds for projects that help position a community to take advantage of economic development opportunities in tourism and strengthen a community's competitiveness as a place to work and live; and Whereas this Project allows individuals with special needs to participate in organized recreational programs and activities just like their brothers, sisters, families and friends; and Whereas this Project furthers the 2035 Vision of the City Council that "Dubuque 2035 is a sustainable and resilient city and an inclusive and equitable community...Our residents experience healthy living and active lifestyle...and have an abundance of fun things to do..." NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Miracle League of Dubuque is hereby authorized to submit the CAT grant application for the Miracle League of Dubuque Baseball Field and All -Inclusive Playground Project with the City of Dubuque as a co -applicant for a project to be developed on property owned by the City of Dubuque. Section 2. The City agrees to contribute up to ten percent (10%) of the grant amount approved for Miracle League but not in an amount more than $50,000.00 subject to Miracle League obtaining all other commitments required for a successful CAT Grant application. Passed, approved and adopted this 1st day of October 2018. Attest: Key "n . Firnstahl, City Clerk Luis Del oro, ayor " Tem MIRACLE LEAGUE FIELD AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE,: IOWA AND THE MIRACLE LEAGUE OF DUBUQUE This agreement (Agreement) is entered into on this/ day of , 2018 by and between the City of Dubuque, Iowa, a municipal corporation organized and existing under the laws of the state of Iowa (City) and the Miracle League of Dubuque, an Iowa non-profit organization exempted under Section 501(c)(3) of the Internal Revenue Code (Miracle League). WHEREAS, the mission of Miracle League is to provide recreational support and opportunities for individuals with physical and mental disabilities (special needs); and WHEREAS, City is the owner of certain real property known as Veterans Memorial Park; and WHEREAS, Miracle League wishes to construct special recreational facilities known as the Miracle League Complex on which individuals with special needs compete and play within Veterans Memorial Park, as outlined on Exhibit A ("Miracle League Complex");. and WHEREAS, Miracle League Complex is a custom-designed facility incorporating cushioned synthetic turf or hard surfacing that accommodates wheelchairs and other walking devices and helps prevent injuries; and WHEREAS, Miracle League allows individuals with special needs to participate in organized recreational programs just like their brothers, sisters, family and friends; and WHEREAS, Miracle League provides the equipment and the funds with which to construct the Miracle League Complex described in this Agreement; and WHEREAS, Miracle League will pay all costs and expenses to construct the Miracle League Complex and discharge any liens arising from that construction; and WHEREAS, upon completion of the Miracle League Complex, the Miracle League Complex will be accepted by the City Council and owned by the City as part of the Veterans Memorial Park, but subject to this Agreement; and WHEREAS, after City Council acceptance and during City ownership of the Miracle League Complex, the City will perform routine maintenance and repairs to the Miracle League Complex while granting Miracle League preferential but non-exclusive use of the Miracle League Complex pursuant to a long-term lease agreement between the parties; and WHEREAS, Miracle League's preferential, non-exclusive use of the Miracle League Complex wnsists of the priority right to schedule games, tournaments, and events at the Miracle League Complex; and WHEREAS, the Mayor and City Council of the City of Dubuque, lowa recognize that the Miracle League Complex will enrich the lives of people with special needs, their friends, family and the Dubuque community and will promote the public health, safety, and welfare of its citizens; and WHEREAS, the organized recreational program in which people with special needs will participate will be known and referred to as "The Miracie League of Dubuque". NOW, THEREFORE, for and in consideration of the mutual covenants, representations, and agreements contained herein, City and Miracle League hereby covenant and agree as follows: SECTION 1. DEFINITIONS. CITY: City of Dubuque, lowa CONSTRUCTION PHASES: The chronological phases or stages of construction set forth in Exhibit B. DEDICATED AREA: The survey of the portion of Veterans Memorial Park that the City commits to Miracle League for the preferential but non-exclusive use and long-term lease for Miracle League for its use and events is attached as Exhibit E. DESIGNATED CITY STORAGE AREAS: The storage areas constructed by Miracle League to replace the existing City storage areas demolished and removed in order to fit in with the Miracle League Complex design, plans, and specifications. Unlike the other areas within the Miracle League Complex, the designated City storage areas will be used solely by the City. MAINTENANCE: After City Council acceptance of the Mirade League Complex, any update, repair or upkeep action to an individual element of the Miracle League Complex costing less than ten thousand dollars ($1Q000.00). MIRACLE LEAGUE: Miracle League of Dubuque, a non-profit organization organized, operated, and incorporated under Section 501(c)(3) of the Internal Revenue Code. MIRACLE LEAGUE COMPLEX: All the fields, buildings, facilities, parking areas, recreational and playground amenities and other structures, fixtures, and areas designated in Exhibit A. z REPLACEMENT AND CAPITAL IMPROVEMENTS: After City Council acceptance of the Miracle League Complex, any update, repair, upkeep action to an individual element of, or new purchase for the Miracle League Complex costing ten thousand dollars ($10,000.00) or more. SECTION 2. ESTIMATED COST AND COMMITMENT. 2.1 The estimated cost of the entire Miracle League Complex is Three Million Five Hundred Thousand Eighty-Six Dollars ($3,586,000.00). The funds will be raised solely by Miracle League. The City bears no financial responsibility and will not be involved in fundraising for the Miracle League Complex. If the cost of construction exceeds the estimated construction costs, Miracle League bears responsibility for all cost overages. 2.2 Through this Agreement, the City and Miracle League enter into a long-term commitmeni to Mirade League Complex, the individuals using the Miracle League Complex, and the spirit of the Miracle League. The City and Mlracle League intend to operate the field and facilities as described in ihis Agreement and pursuant to a long- term lease agreement for the field and facilities. Once the long-term lease agreement and any options for renewal for the Miracle League field or facilities expire, all decisions regarding the next future use of the field and facilities will be within the sole discretion of the City Council. SECTION 3. FUNDRAISING, BOOKKEEPING, AND PHASES OF CONSTRUCTION. 3.1 If Miracle League raises or obtains pledges for 50% of the estimated funds needed for the Miracle League Complex on or before December 31, 2018, the City will dedicate a certain portion of Veterans Memorial Park to Miracle League for its preferential but non-exclusive use as the Miracle League Complex consistent with the goals, values, and purpose set forth in this Agreement as reflected on Exhibit E. 3.2 Phases. The Miracle League Complex will be built in the following Phases: Phase 1a: Relocate Veterans Field 3, includinq Hillside Spectator Seatinq. 1. Prepare existing Field 1; 2. Rework the road, grade the hillside, adjust the north end of the parking �ot, and maintain access to Field 2; and 3. Install Field 3: a. Infield, outfield, base paths, bases, and foul lines/poles; b. Outfield fencing, foul Iine fencing, backstop (relocate existing as practicable); c. Relocate bleachers; d. Relocate existing Field 1 lighting and associated site electrical; and 3 e. Relocate existing Field 3 dugout benches and fences. When Miracle League has raised or has obtained pledges for 80% of the funds necessary to complete Phase 1a, construction and demolition may begin for this Phase 1 b. Existing Veterans Memorial Park amenities referenced are shown in Exhibit C. Phase 1 b: Miracle Leaque Field. 1. Prepare existing Field 3, including sub-base and topping; 2. Install Miracle Field all-weather surface on areas including infield, ouffield, base paths, bases, foul lines and poles; 3. Press box; 4. Bleachers and spectatorzone; 5. Scoreboard; 6. Proximity surfacing; 7. Fencing; and 8. Field lighting and associated site electrical work. When Miracle League has begun construction of Phase 1a and raised or obtained pledges for 80% of the funds necessary to complete Phase 1b, construction and demolition forthis Phase 1b may begin. Phase 2a: Restroom/Proqram Portion of Buildinq When Miracle League has begun construction of Phases 1a and 1b and raised or obtained pledges for 80% of the funds necessary to complete Phase 2a, demolition and construction of Phase 2a may begin. Phase 2b: Concession/Classroom/Storaqe Portion of Buildinq When Miracle League has begun construction on Phases 1a, 1b, and 2a, and raised or has obtained pledges for 80% of the funds necessary to complete Phase 2b, demolition and construction of Phase 2b may begin. Phase 3: Inclusive Plav4round 1. Prepare site and vicinity; 2. Install all-weather surfacing; 3. Play equipment, coordination, circulation devices, and ramps; 4. Adjacent walks and surfacing; and 5. Lighting and fencing. When Miracle League has begun construction on Phases 1a, 1b, 2a, and 2b, and raised or has obtained pledges for 80% of the funds necessary to complete Phase 3, demolition and construction of Phase 3 may begin. a Phase 4: Family Plaza and Picnic/Shade Park. When Miracle League has begun construction on Phase 1a, 1b, 2a, 2b, and 3 and raised or has obtained pledges for 80% of the funds necessary to complete Phase 4, demolition and construction of Phase 4 may begin. Phase 5: Parkinq Lot Modifications, Drop-Off Loop Entry Pavilion and Hall of Fame Boulevard. When Miracle League has begun construction on Phases 1a, 1b, 2a, 26, 3, and 4, and raised or has obtained pledges for 80% of the funds necessary to complete Phase 5, demolition and construction of Phase 5 may begin. 3.3 If Miracle League successfully obtains 80% of the funds necessary for multiple phases before construction has begun, Miracle League may begin construction on each phase for which 80% has been obtained. For instance, if Miracle League has obtained 80% of the funds necessary to complete Phases 1a, 1b, and 2 before construction begins, Miracle League may begin construction on these three phases simultaneously. If Miracle League successfully obtains funds for 80% of the entire project before construction begins, Miracle League may begin construction on the entire project at once. 3.4 If Miracle League fails to raise or obtain pledges for 50% of the estimated funds needed for the Mirade League Complex on or before December 31, 2015, unless the parties agree to extend the date by written amendment executed by both parties and approved by City Council, this Agreement will terminate, with no consequence, breach, or remedies owing by either party to the other, and the City will not be obligated to dedicate any portion of Veterans Memorial Park to Miracle League for its preferential but non-exclusive use. 3.5 Naming opportunities and donor recognition must comply with the City's Naming Opportunities and Donor Recognition Policy. 3.6 Proof of Fundraisinq. When Miracle League has raised or obtained pledges for 50°/o of the overall funds and 80% of funds for each individual Construction Phase, Miracle League will meet with assigned City staff and provide documentation of funds and pledges. The City will review documentation and then give notice to proceed with the overall construction and with each individual Construction Phase. 3.7 Maintenance of Records. The Miracle League Treasurer will maintain its accounting records on a cash basis and hold a project fund at the Community Foundation of Greater Dubuque and a checking account at Dupaco Community Credit Union. 3.S Citv Access. Assigned City staff must have unlimited access to all accounting records, contracts, and supporting documentation during the term of this Agreement 5 and for a period of five (5) years thereafter. Such access will be exercised in a reasonable manner upon reasonable notice to Miracle League. SECTION 4. CONSTRUCTION. 4.1 In preparation for City Council approval, Miracle League will submit architectural drawings, plans, designs, and specifications to the City of Dubuque Planning Services Department for the development review process. On or before June 3Q 2019, Mirade League must produce and provide the City with those same architectural drawings, plans, designs, specifications, and cost estimates (collectively the Plans) for the construction of Mirade League Complex that are consistent with the Mirade League Complex site plan shown in Exhibit A for approval by City Council. Such approval will not be unreasonably withheld. In addition to the requirements set forth in Section 3, plans must be approved by the City Council before Miracle League begins construction on Miracle League Complex. 4.2 The Miracle League Complex must be built in accordance with the Plans approved by the City CounciL City is not and will not be responsible for payments to contractors. Contractors will not have claims for non-payment or other project-related claims against the City. All contractors and subcontractors working on the Miracle League Complex work for and are contracted by Miracle League. 4.3 Miracle League must obtain notice to proceed from the City before beginning construction of the Miracle League Complex or any of its construction phases. Miracle League must provide the City with a wnstruction schedule and timeline for each construction phase. The parties will coordinate the construction start date in accordance with scheduled activities at Veterans Memorial Park and within the premises of Veterans Memorial Park. Once the plans have been approved as required in 4.1, the notice to proceed for any other construction phase is only for logistical purposes to ensure that the construction will not conflict with other matters occurring at the Miracle League Complex and subject to Section 15.1(C) of this Agreement. 4.4 Specific Requirements. In addition to Mirade League's plans and specifications, additional requirements include but are not limited to: A. The Plans for and construction of Miracle League Complex must comply with the statutory requirements of all applicable City, state, and federal building, plumbing, and electrical codes, along with administrative regulations implementing the same. B. Certain fixtures and finishes in the Miracle League Complex must conform with and meet City standards for fixtures and finishes used in parks and park spaces throughout the City so that once the City assumes ownership, these fixtures can be repaired and maintained using City supplies. These fixtures and finishes will be approved through the site plan process. These fixtures include but are not limited to, a standard three-tier drinking fountain, plumbing fixtures, 6 gates, locks, security cameras (the make, model, design, and placement of which is approved by the City), and three (3) flag poles that prominently display three (3) flags, specifically the City flag, the state of lowa flag, and the United States of America flag, at some location within the Miracle League Complex. The City must approve these fixtures and finishes before use and implementation within the Miracle League Complex. This consistency will ensure that the City can maintain, repair, and replace following City Council acceptance of the Mirade League Complex. Miracle League shall have the right to install a fourth flag pole for use of the Mirade League flag. The fourth flag pole, if installed, would be subject to the same terms as stated above for the other three flag poles. C. Desiqnated Citv Storaae Areas. In order to build the restroom, concession, and storage building featured in the Miracle League Complex, Miracle League must demolish an existing City structure that contains City storage areas. Miracle League must construct Designated City Storage Areas that will replace the City's existing storage. These Designated City Storage Areas will be used solely by the City. The existing City storage area totals 336 square feet. Therefore, the new storage areas constructed by Miracle League must total 336 square feet or greater. D. The Miracle League Complex must comply with all applicable requirements of the Americans with Disabilities Act (ADA), including but not limited to accessibility requirements. Accordingly, the Miracle League must design and construct an ADA compliant route into the Miracle League Complex to access Existing Field 2 and other existing Veterans Memorial Park amenities changed by the construction of the Miracle League Complex as shown in Exhibits B, C, D, and E of this Agreement. E. Miracle League must obtain all applicable and necessary permits, easements, licenses and other requirements in Miracle League's name and pay all costs associated with these permits, easements, licenses, and other requirements. 4.5 Construction of Miracle League Complex must be done expeditiously and performed in a careful, skillful, diligent, good and workmanlike manner. If the City Council has not accepted the Miracle League Complex on or before December 31, 2021 (Sunset Date), this Agreement will terminate, with no consequence, breach, or remedies owing by either party to the other, except remedies arising prior to the Sunset Date and resulting termination. 4.6 Securitv and Safetv. A. Security and safety durinq active construction hours. Sections of Veterans Memorial Park will remain open to the public during Miracle League Complex construction. The Miracle League Complex area will be accessed and traveled through by park patrons throughout construction. Miracle League must maintain � proper signage, security, fencing, and awareness when onsite during active construction. This includes but is not limited to securing any dangerous conditions, hazardous materials, and construction equipment. B. Securitv and safety durinq non-active construction hours. Sections of Veterans Memorial Park will remain open on days and during times when active construction is not occurring. Mirade League must maintain property signage, security, fencing, and awareness during non-active construction hours as well. This includes but is not limited to securing any dangerous conditions, hazardous materials, and construction equipment. 4.7 Miracle League will pay all costs and expenses to construct the Miracle League Complex and discharge any liens arising, should they arise, with respect to any equipment or personal property on or part of the Miracle League Complex due to the neglect or omission of Miracle League after the execution of this Agreement and before substantial completion. 4.S During construction of the Miracle League Complex, Miracle League will require easements larger than the dimensions of the Miracle League Complex itself. The City grants Miracle League a temporary construction easement encompassing the area set forth in Exhibit D. The temporary construction easement terminates upon City Council acceptance of the Miracle League Complex. 4.9 Title and Ownership of the Miracle League Complex immediately and automatically vests in the City upon City Council acceptance. However, the City grants Miracle League priority rights to schedule games, tournaments, and events at Mirade League Complex. The City retains the right to operate Mirecle League Complex and ail its related facilities after construction is complete subject to the lease to be entered into between City and Miracle League. Miracle League Complex remains property of the City. Miracle League has the right to remove its personal property used to construct Miracle League Complex after completion of Miracle League Complex, but all fixtures and permanent improvements made will remain in Veterans Memorial Park. Miracle League gifts and donates its construction of the improvements made as part of Miracle League Complex to the City, and ownership of Veterans Memorial Park and Miracle League Complex remains with the City at all times. 4.10 Phases that can be accepted individually, accessed by the public with accessible, ADA compliant routes, and used in a safe and appropriate manner will be accepted individually upon completion. Phases that cannot be accepted individually because construction of other phases renders them unsafe, inaccessible, or incomplete will not be accepted by City Council until the condusion of the entire project as described in Section 4.18 of this Agreement. When the City Council accepts the entire Miracle League Complex in its final and completed form as described in Section 4.18 of this Agreement, Miracle League will provide a Bill of Sale for City Council acceptance. 8 4.11 Miracle League must obtain permission from Ihe City before building any new permanent fixtures that were not previously approved pursuant to section 4.1. If permanent fixtures are clearly and noticeably featured in the plans, specifications, and design, City Council approval of those documents constitutes City permission. 4.12 Miracle League acknowledges and agrees that it is the intent of the parties that the City will not incur any costs related in any way to the design or construction of the Miracle League Complex. Although the City will own and maintain Miracle League Complex after City Council acceptance of the Miracle League Complex, the City will not incur any costs related in any way to the design or construction thereof. Notwithstanding the foregoing provision, Section 2.1 or anything else in this Agreement to the contrary, the City agrees to be a co-applicant for a CAT Grant with the State of lowa Economic Development Authority. Additionally, the City agrees to contribute up to ten percent (10°/o) of the grant amount approved for Miracle League but not in an amount more than $50,000.00. The City's funding would be paid over a three year period in equal amounts each year in fiscal years ending June 30, 2020, June 30, 2021 and June 30, 2022, subject to Miracle League obtaining all other commitments required for a successful CAT Grant application. 4.13 All work performed by Miracle League to construct Mlracle League Complex will be done by Miracle League as an independent contractor and not as an Agent or Representative of the City. Miracle League is not authorized to enter into any binding agreements on behalf of the City. Miracle League does not own Miracle League Complex but is constructing the Miracle League Complex and will donate the improvements to the City as stated herein. 4.14 Once construction begins, key designated staff, representatives from the City and Miracle League, and the project and/or general contractor will meet at least bi- monthly to review construction progress and any issues that may arise during the construction phases. The purpose of these construction meetings is not to request substantial changes to the plans previously approved through the development review process and by City Council. The architect or the architect's designated representative will keep minutes of the construction meetings, and those minutes will be shared with I and approved by all parties. 4.15 Chanqes. A. Before construction begins, the City and Miracle League will each designate a representative with the authority to request or process change orders. Any change order above $5,000.00 must be approved in writing by Miracle League's designated and the City's designated representative. B. For any changes necessary to comply with the ADA or any other state, federal or local law in connection with changes being made by Miracle League as shown in Exhibits B, C, D, and E, Miracle League will pay for such changes and 9 provide the City with courtesy notice of the changes. For these compliance- related changes, the aforementioned change order process will not apply. 4.16 Water and sewer service already run through and to the area of Veterans Memorial Park on which the Miracle League Complex will exist. Therefore, no water or sewer connection fees will be assessed to Miracle League. However, if additional or new utilities are needed, Miracle League is responsible for all applicable connection fees, bills, meter installations, or any other steps necessary to provide utilities to the Dedicated Area until City Council acceptance of the Mirade League Complex. However, City will be responsible for the water bills during construction of the Miracle League Complex and after acceptance. If temporary utilities are needed during construction and before acceptance, Mirade League will be responsible for obtaining and paying for those temporary utilities. City Council will not accept the Miracle League Complex or consent to transfer of utility service if past due balances exist on utility accounts. After City Council acceptance of the Miracle League Complex, responsibility for utilities and all associated accounts and fees moving fonvard will be the City's responsibility. 4.17 Risk of Damaqe. At all times prior to City Council acceptance, Miracie League's personal property of every kind or description, induding without limitation, inventory and trade fixtures, improvements, construction materials and equipment which may at any time be on the Miracle League Complex or in Veterans Memorial Park shall be at Mirade League's sole risk, or at the risk of those claiming under any right by its association, contractual or otherwise, with Miracle League. At all times prior to City Council acceptance, City will not be liable and will be held harmless by Mirade League for any damage or loss of Miracle League's personal property at Miracle League Complex or in Veterans Memorial Park. 4.18 Unless accepted under 4.10, at the end of construction phase, and again at the end of all construction but prior to City Council acceptance, the City will promptly inspect alI improvements made at the Miracle League Complex to ensure compliance with the designs, specifications, and this Agreement. Any non-compliance must be corrected prior to City Council acceptance of the Miracle League Complex. � SECTION 5. ON-GOING OPERATIONS. 5.1 After City Council acceptance, Miracle League Complex will be used and owned by the City as a public park to be enjoyed by the public generally, subject to the terms of this Agreement. Any damage caused to the Miracle League Complex as a result of City approved uses by third parties other than Miracle League, shall be the responsibility of the City to repair. Miracle League will have preferential use of the Miracle League Complex rent free for all Miracle League games, tournaments, and other Miracle League events, but Miracle League Complex will be availabie for public use when Miracle League does not have events. zo 5.2 The City may adopt reasonable rules and regulations regarding the use of Miracle League Complex. The parties acknowledge and agree that the Miracle League Complex, by its design and construction, is intended primarily to benefit persons with special needs, including physical disabilities, and that the rules adopted for Miracle League Complex may focus on such dasses of persons. However, no rule may be implemented which (1) is not applietl uniformly among all persons; (2) discriminates against or othenvise bars certain classes of persons from the use of Miracle League Complex in violation of any law; or(3) violates any law, regulation, or ordinance. SECTION 6. LEASE. 6.1 Term. Upon completion of fundraising, construction, and acceptance of the Miracle League Complex by the City, Miracle League begins leasing the Miracle League Complex from the City for a term of twenty-five years, with five individual, consecutive five-year options to renew. 6.2 Rent. Miracle League will pay the City rent in the amount of one dollar ($1 .00) annually on the anniversary of City Council acceptance of the Miracle League Complex for the preferential, prioritized, long-term use of the leased premises shown in attached Exhibit E. 6.3 General Upkeep and Routine Buildinqs and Grounds Care. The City will care for I Miracle League Complex on a regular basis with respect to routine upkeep and buildings and grounds care for use and enjoyment by the public generally as a place of amusement and recreation so long as Miracle League is leasing the Miracle League Complex. Such routine care includes mowing, trash removal, vandalism not rising to the level of Maintenance or Capital Improvements as discussed in Section 6.5 below, and simple repairs (i.e., replacement of bolts, screws, and other simple repairs). 6.4 As set forth in Sections 4.10 and 4.18 of this Agreement, the City agrees to accept the improvements made as part of Miracle League Complex for the use and benefit of the public and agrees to keep Miracle League Complex in reasonably good condition for its intended purposes. I 6.5 Maintenance, Replacement, and Capital Improvements. A. Maintenance is distinguished from Replacement or Capital Improvements by the dollar value of the individual item in question. As set forth in Section 1 of this Agreement, Maintenance is defined as after City Council acceptance of the Miracle League Complex, any update, repair or upkeep action to an individual element of the Miracle League Complex costing less than ten thousand dollars ($10,000.00) for any individual item. As set forth in Section 1 of this Agreement, Repair and Capital Improvements are defined as after City Council acceptance of the Mirade League Complex, any update, repair, upkeep action to an individual element of, or new purchase for the Miracle League Complex costing ten thousand dollars ($10,000.00) or more. 11 B. After City Council acceptance of the Miracle League Complex, the City will be responsible for all Maintenance. C. After City Council acceptance of the Miracle League Complex, the City is not obligated to undertake or perform any Replacement and Capital Improvements to or within the Miracle League Complex. The City Council may choose, entirely at its own discretion, to undertake, perform, or assist with any Replacement and Capital Improvements to and within the Miracle League Complex, but the City has no obligation or responsibility to do so. Any such action would be entirely voluntary and not obligatory. If Replacement and Capital Improvements are needed, and the City Council dedines to perform them, Miracle League may ask the City Council for approval to complete such Replacement and Capital Improvements with any endowment or funding Miracle League has obtained for such purpose. However, Replacement and Capital Improvements may not be performed without City Council approval and Notice to Proceed. D. If the City fails to properly provide Maintenance to an individual element of the Miracle League Complex costing less than ten thousand dollars ($10,000.00) for any individual item, as set forth in Section 6.5 (A) above, and such failure results in a necessary Replacement or Capital Improvement costing more than $10,000, the City will be obligated to make the resulting Replacement or Capital Improvement. 6.6 The Miracle League Complex will be open and operate on the same calendar and schedule as Veterans Memorial Park, only on days and during hours that Veterans Memorial Park is open to the public. 6.7 Lease Termination bv Miracle Leaque. After acceptance of the Miracle League Complex, Miracle League may terminate the Lease at any time and for any reason, as long as Miracle League provides the City with thirty (30) days' written notice of termination. 6.8 Lease Termination bv Citv. After acceptance of the Miracle League Complex, City may terminate the Lease only with City Council approval and for cause, including but not limited to, park closure, budgetary constraints, natural disaster, act of terror, or other catastrophic event. If the City would decide to permanently close Veterans Memorial Park for whatever reason, Miracle League will have the option to acquire the improvements of the Miracle League Complex. SECTION 7. CONCESSIONS. 7.1 Miracle League will construct and equip a basic ADA accessible concession stand. The City, or a contractor of the City's choice, will operate a concession stand during Mirade League sponsored games and tournaments. As the operator, the City in 1z its sole discretion will determine the items avallable for sale and the pricing of those same items. Under the City's operation, City purchasing policies, bidding, and staffing procedures will apply. 7.2 The City or its contractor may use the concession stand for other events and for other park visitors during Miracle League events. City or its contractor may use the concession stand at any time during Veterans Memorial Park hours. SECTION 8. PROGRAMMING. Miracle League and the City will work to develop programs with the understanding that City involvement will require compliance with applicable City policies and applicable local, state, and federal law. SECTION 9. INSURANCE AND INDEMNIFICATION. 9.1 During construction, if Miracle League performs the work itself or through its volunteers, members, agents, or any other representative, Miracle League, at its sole wst and expense, must maintain, for the mutual benefit of the City and Miracle League, insurance that meets the requirements set forth under Insurance Schedule F attached as Exhibit F. 92 During the lease phase, Miracle League, at its sole cost and expense, must maintain, for the mutual benefit of the City and Miracle League, insurance that meets the requirements requested by the City from Lessees of property leased from the City as currently set forth in Insurance Schedule A shown in Exhibit G. 9.3 During construction, Miracle League must require any contractor performing work on or at the premises of Veterans Memorial Park for the construction of Miracle League Complex at Miracle League's direction to carry and maintain, at no expense to the City, a comprehensive general liability insurance policy, including but not limited to, contractor's liability coverage, contractual Iiability coverage, completed operations coverage, broad form property damage endorsement and contractor's protective liability coverage, with insurance carriers and in amounts reasonably acceptable to the City and worker's compensation or similar insurance, covering all persons employed by Miracle League and Miracle League's subcontractors, sublessees, and assigns on the premises of Veterans Memorial Park for the construction of Miracle League Complex, in form and amounts required by law. These insurance requirements for contractors, subcontractors, and others performing work on Miracle League's behalf are set forth under Insurance Schedule F attached as Exhibit F. 9.4 Certifications of all such insurance required pursuant to this section must be I delivered to the requesting party within fifteen (15) days following the requesting party's request. 9.5 During construction, Miracle League will indemnify the City and hold the City harmless from and against any and all claims, actions, damages, liability and expenses (including, but not limited to, court costs, costs of defense and reasonable attorney's 13 fees) in connection with loss of damage to property or injury or death to persons occurring in, on, or about or arising out of construction of Miracle League Complex in Veterans Memorial Park or the construction of improvements by Miracle League, its agents, employees, licensees, invitees, contractors, or subcontractors, which are occasioned wholly by any act of omission of Miracle League. 9.6 During construction the City will indemnify Miracle League and hold Miracle League harmless from and against any and all claims, actions, damages, liability, and expenses (including, but not limited to, court costs, costs of defense and reasonable attomey's fees) in connection with loss of damage to property or injury or death to persons occurring in, on, or about or arising out of construction of Mirade League Complex in Veterans Memorial Park or the construction of improvements by the City, its agents, employees, licensees, invitees, contractors, or subcontractors, which are occasioned wholly by any act of omission of Miracle League. 97 All insurance policies required to be carried by Mlracle League under this Agreement must be with an insurance provider licensed in the state of lowa. Public liability insurance policies evidencing such insurance must name the City and its designee as additional insureds and must also contain a provision requiring the insurer to give at least thirty (30) days written notice to the City of any cancellation, modification, or non-renewal of such insurance. 9.8 Builders Risk. While Miracle League performs any demolitions, restorations, alterations, improvements or changes to the Dedicated Area, the City, at Miracle League's expense, will obtain and maintain builders risk insurance upon the entire work within the Dedicated Area to the current one hundred percent (100%) replacement value thereof against all risks of physical loss or damage to the property insured, exduding earthquake and/or other earth movements and flood. SECTION 10. BOND. 10.1 Construction. Miracle League will have its contractor(s), at its own cost and expense, furnish the City with a corporate surety bond satisfactory to the City before the commencement of construction from a surety company licensed to transact business in the state of lowa, an amount equal to the total estimated cost of the construction required of Mirade League. The bond must name the City as principal and Miracle League or its contractor(s) as surety, to assure fuli and satisfactory performance by contractor(s) of all obligations contained in this Agreement to build, construct, and install Miracle League Complex, improvement and landscaping upon the premises of Veterans Memorial Park for use by Miracle League and the public. 102 Maintenance. Miracle League will have its contractor(s), at its own cost and expense, furnish the City with a corporate surety maintenance bond when the Miracle League Complex is submitted for City Council acceptance. The maintenance bond must be maintained for two (2) years from the date of City Council acceptance. 14 10.3 The estimated cost of construction of the Miracle League Complex is Three Million Five Hundred Eighty-Six Thousand Dollars ($3,586,000.00) for the purpose of a corporate surety bond. The corporate surety construction bond and corporate surety maintenance bond must be in the amount of one percent (1°/a) of the estimated construction cost. SECTION 11. TIME IS OF THE ESSENCE. Time is of the essence for this Agreement and the performance of all obligations hereunder. Failure of Miracle League to timely construct Mirade League Complex by the Sunset Date may result in Ihe City exercising all remedies under this Agreement. SECTION 12. ENVIRONMENTAL INDEMNIFICATION. 12.1 City indemnifies and holds harmless Miracle League from and against any loss, cost, damage, or expense arising out of or relating to the presence of Hazardous Materials at Miracle League Complex in Veterans Memorial Park as of the date of execution of this Agreement or due to the act of omission of the City, its agents, contractors, or employees. 122 Miracle League indemnifies and holds harmless the City from and against any loss, cost, damage or expense arising out of or relating to (i) the presence of Hazardous Materials first introduced into Veterans Memorial Park during the construction of Miracle League Complex by Miracle League, its contractors or employees, or (ii) arising from the exercise of rights granted to Miracle League hereunder which leads to the exacerbation of an existing release of Hazardous Materials in Veterans Memorial Park. 12.3 For purposes of this Agreement, Hazardous Materials are (i) any "hazardous wastes" as defined by the Resource, Conservation and Recovery Act of 1976 (42 U.S.C. Section 6901 et. Seq.), as amended from time to time, and regulations promulgated thereunder, (ii) any "hazardous, toxic or dangerous waste, substance or I material" specifically defined as such in or for the purposes of the Comprehensive Environmental Response, Compensation, and Liability Act, any so-called "superfund" or "super lien" law, or any other federal, state, or local statute, law, ordinance, code, rule, regulation, order or decree regulating, relating tq or imposing liability or standards of conduct concerning any hazardous, toxic, or dangerous waste, substance, or material, and specifically identified and known as a hazardous, toxic, or dangerous waste, substance or material as of the date hereof including any petroleum, petroleum products, or waste. SECTION 13. TERMINATION RELATED TO CONSTRUCTION AND FUNDRAISING. 13.1 This Agreement is effective only during fundraising, construction, and the effective lifespan of ihe Miracle League Complex. 13.2 This Agreement will terminate before the completion of construction of Miracle League Complex if any of the following happen: 15 I A. Miracle Leaaue fails to submit Plans for Citv Council approval on or before June 30 2019. If Miracle League fails to submit Plans for City Council approval on or before June 30, 2019, this Agreement will terminate at 12:00 AM on July 1, 2019. B. Miracle Leaaue fails to raise 50% of the estimated cost to construct the Miracle Leaque Complex on or before December 31, 2018. If 50% of the estimated cost to construct Miracle League Complex is not raised by December 31, 2018, thls Agreement will terminate at 12:00 AM January 1, 2019. C. Mirade Leaque fails to complete construction of Miracle Leaque Complex bv December 31 2021. If Miracle League fails to complete construction by December 31, 2021, this Agreement will terminate at 12:00 AM January 1, 2022. 13.3 This Agreement may terminate upon written notice from Miracle League at any point before completion of construction of Miracle League Complex. 13.4 If this Agreement terminates prior to the completion of construction of Miracle League Complex for any reason, the City at its sole discretion will determine whether it will keep any improvements made by Miracle League to the Mirecle League Complex in Veterans Memorial Park or whether Mirade League must remove those same improvements within thirty (30) days of early termination and restore Veterans Memorial Park to its original condition. 13.5 If this Agreement terminates prior to the completion of construction of Miracle League Complex for any reason, this Agreement will terminate, with no consequence, breach, or remedies owing by either party to the other, except the removal of improvements set forth in Section 13.4 of this Agreement. SECTION 14. ASSIGNMENT AND SUBLETTING. Neither Miracie League nor the City may assign or sublet this Agreement without the prior written consent of Ihe other. SECTION 15. REMEDIES UPON BREACH OR TERMINATION. 15.1 Citv's Remedies Upon Miracle Leaque's Breach or Termination. If Miracle League substantially breaches this Agreement as set forth in Section 16 below, after notice from City to Miracle League specifically setting forth the nature of such breach and after the expiration of thirty (30) days from the date of such notice without Miracle League curing such breach or beginning work to cure such breach which is not possible being cured within thirty (30) days, or Miracle League terminates this Agreement, City, at its option and after applicable notice and cure periods have expired, in addition to all other rights and remedies provided in this Agreement or otherwise at law or in equity, may terminate this Agreement, and upon termination do any of the following: 16 A. Re-take possession of Miracle League Complex and complete I construction of Miracle League Complex to any degree that the City sees fit, including any design modifications the City may choose to make; or B. Re-take possession of Miracle League Complex and return the land in Veterans Memorial Park on which Miracle League Complex will sit to unrestricted park land with no special designated use. C. Withhold notices to proceed as issued throughout the construction of the Miracle League Complex. The City, at its sole discretion and with City Council approval, will determine the appropriate remedy for Miracle League's breach. 152 Mirade Leaque's Remedies Upon Citv's Breach or Termination. If the City substantially breaches this Agreement as set forth in Section 16 below, after notice from Miracle League to City specifically setting forth the nature or such breach and after the expiration of thirty (30) days from the date of such notice without the City curing such breach or beglnning work to cure such breach which is not possible being cured within thirty (30) days, or the City terminates this Agreement, Miracle League, at its option and after such notice and cure periods have expired, in addition to all other rights and remedies provided in this Agreement or otherwise at law or in equity, may terminate this Agreement. ff the City substantially breaches or terminates (for a reason other than a breach by Mirade League as described in Section 15.1) this Agreement before the expiration of the life expectancy of the Miracle League Complex, Miracle League will be able to recover the money Miracle League spent on improvements, equipment and professional services in connection with the Miracle League Complex from City. SECTION 16. DEFAULT. 16.1 Citv Breach. City will be deemed in breach of this Agreement if City fails, whether by action or by inaction, to timely comply with or satisfy any of the obligations imposed on the City under this Agreement for a period of thirty (30) days after Miracle League delivers written notice to the City of such default. If the defauft cannot, by its nature, be cured within such thirty (30) day period, but City commences and diligently pursues a cure of such default promptly within the initial thirty (30) day cure period (and cures such default as soon as possible with due diligence thereafter), then Miracle League will not exercise its remedies under Section 15 above. 16.2 Miracle Leapue Breach. Miracle League will be deemed in breach of this Agreement if Miracle League fails, whether by action or by inaction, to timely comply with or satisfy any of the obligations imposed on Miracle League under this Agreement for a period of thirty (30) days after the City delivers written notice to Miracle League of such default. If the default cannot, by its nature, be cured within such thirty (30) day period, but Miracle League commences and diligently pursues a cure of such default promptly within the initial thirty (30) day cure period (and cures such default as soon as ll possible with due diligence thereafter), then City will not exercise its remedies under Section 15 above. SECTION 17. AUDIT. 17.1 The City or its assignees may audit all financial and related records (including digital records) associated with this Agreement and its terms and conditions, including but not limited to timesheets, reimbursable out of pocket expenses, materials, goods, and equipment daimed by Miracle League. The City may further audit any of Miracle League's records to conduct performance audits or to identify conflicts of interest. 172 Miracle League must at all times during the Term of this Agreement and for five (5) years thereafter, keep and maintain records of the work performed pursuant to this AgreemenL These records must include but are not limited to proper records of quotations, contracts, correspondence, invoices, vouchers, timesheets, and other documents that support actions taken by Miracle League. Documents must be maintained by Miracle League to clearly reflect all work and actions taken. Miracle League, at its own expense, must make such records available for inspection and audit (including copies and extracts of records as requlred) by the City at all reasonable times and without prior notice. SECTION 18. WAIVER. Walver of any of the terms, covenants, and provisions, conditions, rules, and regulations required by this Agreement, or waiver of any legal or equitable remedy will not constitute or imply a failure by the City or Miracle League to assert any other rights or to declare any other forfeiture under this Agreement. Waiver of any terms, covenants, rules, or regulations under this Agreement will only be valid if in writing and signed by the waiving party. SECTION 19. NOTICE. All notices related to this Agreement must be in writing and will be deemed properly delivered when and if such notices are (i) hand-delivered with receipt on the date set forth on the receipt; (ii) delivered by over-night carrier, with receipt, on the date set forth on the receipt; or (iii) sent in the United States mail, postage prepaid, certified or registered mail, retum receipt requested on the date set forth on the receipt, addressed to the parties at their addresses set forth below: To City: Michael C. Van Milligen City Manager City Hall 50 West 13`" Street Dubuque, lowa 52001 With a copy to: Marie Ware Leisure Seroices Manager 2200 Bunker Hill Road Dubuque, lowa 52001 is To Miracle League: Merlin P. Santjer I President, Mirade League of Dubuque 2955 Arbor Hilis Drive Dubuque, lA 52001 With a copy to: John C. O'Connor O'Connor & Thomas, PC 1000 Main Street Dubuque, lowa 52001 If John C. O'Connor is not practicing law at O'Connor & Thomas, P.C., then a copy of I any notice provided under this Section 19 must be provided to: O'Connor &Thomas, P.C. Attention: Firm President 1000 Main Street Dubuque, lowa 52001 The parties may and should update this notice section periodically and whenever necessary during the term of this Agreement and during the term of the related lease between the parties. SECTION 20. SEVERABILITY. If any covenant, agreement, provision, term, or condition of this Agreement is deemed invalid or unenforceable, the remaining covenants, agreements, provisions, terms, or conditions of this Agreement will remain valid and enforceable to the fullest extent permitted by law. SECTION 21. SUCCESSORS AND ASSIGNS. This Agreement binds and inures to the benefit of the City and Miracle League, and their respective heirs, administrators, successors, and assigns. SECTION 22. CAPTIONS. All captions, headings, titles, numerical references, and computer highlighting are for convenience only and do not affect the interpretation of this Agreement. SECTION 23. NUMBER AND GENDER. All terms and words used in this Agreement, regardless of the number or gender in which they are used, will be deemed to include the appropriate number and gender, as the context may require. SECTION 24. GOVERNING LAW. This Agreement is governed by the laws of the state of lowa. Appropriate venue for any action under this Agreement is the District Court of Dubuque County, lowa. SECTION 25. COMPLETE AGREEMENT. This writing contains the entire agreement between the parties hereto related to the construction of Miracle League Complex. Any modification or amendment to this Agreement must be made in writing and signed by both parties. 19 SECTION 26. PARTNERSHIP. Nothing in this Agreement may be construed to create a partnership, joint venture, or relationship of principal and agent between City and Miracle League. No provision of this Agreement may be construed to confer any rights of remedies upon any party other than City and Miracle League. SECTION 27. FORCE MAJEURE. Should any matter or condition beyond the reasonable control of either party including, but not limited to, war, public emergency, acts of terrorism, calamity, fire, earthquake, flood, acts of God, strikes, labor disturbances, or actions, civil disturbances or riots, or any governmental restriction prevent performance of this Agreement in accordance with the provisions hereof, in whole or in part, performance of this Agreement will be suspended or excused to the extent commensurate with such interfering occurrences. SECTION 28. NON•DISCRIMINATION. The parties shall comply with the provisions of federal, state and local laws and regulations to ensure that no employee, member, applicant or person is discriminated against because of race, creed, religion, color, age, sex, gender identity, sexual orientation, national origin, disability, or other protected class. The parties shall provide state or federal agencies with appropriate reports as required, ensuring compliance with equal employment laws and regulations. Each party shall ensure that its authorized subcontractors comply with provisions of this clause. A breach of this provision shall be considered a material breach of this Agreement. SECTION 29. DISPUTE RESOLUTION. 29.1 The City and Miracle League will attempt in good faith to resolve any dispute or claim arising out of or in relation to this Agreement through negotiations between a designated individual from each of the parties with authority to settle the relevant dispute. If the dispute cannot be settled amicably within thirty (30) days from the date on which either party has served written notice of dispute on the other, then the remaining provisions of this Section will apply. 292 If a dispute or claim arising out of or in relation to this Agreement or the performance of any of the terms of this Agreement cannot be resolved by negotiations between the City and Miracle League, such matter or matters will be resolved through binding arbitration, applying the following rules and procedures: A. Arbitration will be held in Dubuque, lowa; B. The arbitration will be heard by one (1) arbitrator whom which the parties mutually select; and C. The arbitration will be heard under the rules of the American Arbitration Association (AAA). zo IN WITNESS WHEREOF, the parties hereto execute this Agreement on thisist day of October , 2018. CITY OF DUBUQUE, IO A Luis Del Toro, Mayor Pro Tem Attest: By: Kevin S. 'rnstahl City Clerk MIRACLE LEAGUE OF DUBUQUE Merlin P. Santjer Miracle League of Dubuque 21 EXHIBIT A MIRACLE LEAGUE OF DUBUQUE SITE PLAN 22 � � ` F � . �' I ��j ExHle�Tn � 6 r�S6 y + n ,� � 1 �wxncn u .� i! r 1 } � f!� � _ � OFUVIL]VI � 11 �} b - I i.. AIIILI I �. A��t I �i � - � u 3�iERi�L RELO W ^ I I I -' , `^AiGH.IEL�M3. / I �tL�KAff FASRS FIF1� N �� i � iGmut ♦ � , � � � � � �I _ �,�;I 1 � � � � ��� � �I � � ' �� � � �� -- —_� .,�� - — � .�...._. ^ ���� u,���.r���. . .d'._LSRC°FELiATOR— ---- -• f ""- f + 5EAliNb . � —kFSI?tt�M (/JN6E}�Y➢1 .rc �_ �� .lOkA6E W'L�INb ]� �' ��'w<_' �? �_ . . � �J"F2 SH1uE c� _ °""� {� ❑❑❑ ^ i ,� � ' -J?MpMnS��>- -- � iV -� � � �� �' �— I 4LL%L[AGCEFl�L�vJ � /�i� � __ FI V Iblll�i � � y� U, (9fi5i1LL1 � iµT���- — � F L �FI'EryLVD_ I� : � i�V� • � � �� INnWSVEPAi.ory:;' - t � F9G if- � � �qrqll HNP F �»! �L . ��FV- 1 � E1JIR'�AVI�IG\ -t- _ p. .� �'o c2,� rF -� �� u M.�r 6NINi,Nv—�- '� � � O r ,f � � :ILv,o..W = _�_ �y � �. ` I� ���������� � �� . . � :1' ... -- -- �—'� 9 _' MIRACLE LEAGUE OF y `--�"� ���—� °� � �` �' y DUBUQUE SITE PLAN . �� "��- � �r�� � � ���: p— 23 EXHIBIT B PHASES OF CONSTRUCTION 24 4 � S s - - __ F�Hlnll R � �. . ,, i�� v� ` ' �� ',1 i aaF%�@ 'Y d. '£y, t . dfF � � 5i u� P� � �..._.1 I�i�' � i � � �� a � l.p .. \ f! 1� � t�i i �i � � � � �i � � `� � '�� ' l� gB J�'_ --�=--� �♦ JA^' . _ �:. . _ �. f.. ' . � i '..._ - ' ��: �.:�_ _ . . i j - _ii i �I �i-i . i I i_.. t . , . . i i; o i :l.i . 6 m n o - N ' a �F��;�� � � �i ` . 1' �\ � I � , � I � � , � ,�_� b� �„ � a�_� , ,�� , � � �. -F �� .:r .: . i.. .:.._ _ i a ...;:- F•i,..._- :. ` .."_LL .. . [ .I.'..i .._Y . .. .. .CI. p ...l_. . .IIITF -� ♦ ..��' o).� �.FJ.:H f '..JF._._= I, � : . .. I . " . I�..LL .. �Il F:II I Y 'N..': 25 s e�p IXIIIISI'1 R # pu��� b g9)r � I I �f� W�� 9I a� ��{ I '��"' I � _ Is�;� . �� , �;, �� � I'� � � � _ --��� � �' � � o , o = �a��° I� � ,,� , ; _ �I � p,; e �,; t � �I y = e §— ,�; 7 � �� 1 � �E _� CITY 13ALL �.ELD '� ��_� 26 s �rk I aI IIRI I I3 y � ^Nay I � � $e e£ < ui � 2�°1 � • r I Ife� f��:i. � a��I � � E�w;. �� I � ��■ � d � oo- � w ; � Q ;� u : UQ �� K u � ' iI 'l , ���~� • . , k- � § '�l'.5� .�°a� ��:� � M HAC: � L �AGI.L FfELU F% � � 27 i �ini,iri, ; �e�� � � �� �I �z���; � �.-.. � � �lish I I�;�,i °I� � � w � � 0 o `8 1� (Qi�g J 4R � �� `� S rc i � e� § E 4 ,=I y�, • �; �, != s, . Y �v r3 � �_�: 3ESTFeOCM 3UILUING _.� �� 2S hCHllill' R 3 � ��4 .� ry ii �in�� ���n� ii i ��: ss�sia l �, .,,�.... �, t � EA�f' i , le�i,l wP � �I : :=:;,- �� ,� � ^� s ����� � i` w W e,{ � '� °I� ��� I w bl Gli vax ..'� �t�y u�q� n'R pyy [5 — e t �..•i A' \ u' �. S�SU � fi m� . c�nctss oNsi�r..osanM s^na= .; f v', . 29 ErH�an�¢ a �,�6a� i uor e� �e�2� � � mt&#B � `-- i ` � b !y���i i�I��i ! w�� , � � \/ I �I �' '' w � �m E �I "s � aT � � � � l� �I! � �I � A1-WCIIlS[VE 7'.AY;rtOJND � a .. . .. 30 IXIIIR[I�U 3 � � ru i :I� i m,m io a a<��: a >�— ,I .. � ��i��� I ��,�I �� � � ��I '� � . � ai}� VIiC` � � £ r ] � 7 . §I � e—I ���:� ��': � " '= FAM:�Y PLAZA, ,� �� -�- PICNIG!SHADE PAR;< _ ��I , ., 31 txFiiisirii % ,. ����� , � �„� �� : ���1 ��'il ��I i,;`; �� �I r- � .. - m _� _ n t - _L ' u ' � � _ � ai ' �_ U : . - -` i4 � \ "�—� _ _�___ 'i_�_ ,_� ��c � i� ' ' _ �Y " [ /' � � � : I . ,...,. ' _�.F.I. :'. .,,.... .,..._..I__ ';' y�� : ' .. - ��.:�,. . .__ I -. _ L I i r :-. ! -�. - 32 EXHIBIT C EXISTING VETERANS MEMORIAL PARK BALLFIELDS AND AMENITIES IN MIRACLE LEAGUE COMPLEX AREA 33 r�� � � . � ExH16[l c � p �a�;t ��� , '} � ^ i iii A s ys-�.?a I � t±�P ,.M �h.� ��u ya �� iin i winr.i � � �x��1! F e� g � � <vor- P �- >'S�tld' �]i � .. __ � �. � � e_������ i _ ��,�;; � R m — I � ` s� <�- i , - „ � _ ,�e � - �-� ,� i�' n I � � r� - - - � � � � $� I w �� ,���� FF_,� ... �� w �� '� .������ � a ` �` � � I.. f ` '�" ` �`'� . § - L; ` �.r.--� ��"i �:�. e _- ---� . � ,o.. fLL s �-, _ �� P� .��� ... _ y -- . . . . � 34 EXHIBIT D CONSTRUCTION EASEMENT AREA 35 �LCHIISI I'1) � � .��� kl 9��t� I . � iw1:: cousraucrioN '�r, �- � E96EMENTFOR ��� I PHNSFIa � 1 f���� I I �0,1�1 �� r 6 �! �� , �I 1 � � coNsrnucnoN ' accessa f IJ s�oancc a � o' o : i� '+ol ui Y '� � �n K If' �I R ��I �:w'--; :'i� �� s? � ���o ^.1-Y 13ALL FELD 36 . , ,� ,�• 1 .! . ^ I..II i _ I,SII\uf\I 'RI : � 6 �y '• �K� y EXHLBITD a0'" �� #, g A v� � � � � ei�f ♦ I . .� ;�' � �, � - - ." ` j" , _� '� � j ����, ;' �M - Iji�;l . � ; 1 ��, � ' �L � ' �� , - .�, �� Wk� � _ _ .. - , r'r ",� , I - ��_-_ :,�.. —__ .._. + t . __,. Q - i _ a_ -- i.i ,. J-, � �'k°' f_"`�`' o — � I� m i� � � 1�� �' "I �- �� � t@ �fi�' P u ;�� b o ' � p�5 :4�-�.... Q f d - �(• :>Te _rl S u _ _ .�.. �M Q �� N l � e \ �t O .� , �� � . 1 � � �� � � O � I k I l . __If � �_" '_ v y � � • e 2�" S v' � I�t'a��"����,1� _ . oe _� 'R° a ��_^�.°_�. OVERALL PARK PLAN . � � ...." �- ��� ... `� � . _ 37 EXHIBIT E DEDICATED LEASED AREA 38 ° � k� ' � ' y ��. � ., EXHIB]] E s � ��y� �gp _': �. _t� � � i�n�uiu u.�si �v 32 a... .,. , : _--il—il nx�n F� ssl � y kanZt r � i � , u�em � � � �� ^ II I � � � �i �i • � , � i �i�1, ;-.'�� ., ��� , �� _ j���i . i � ! i , , �I `�, , �. :., � - -- �'ry � .. ;, - -� _ < - - c��" _ � �_ � � : — �, , � `\�> „+�. � � li � i ,� rz��,� \� r �� �� � ,'"�y � � �,� L� �� Q �'° _ n \ � E \ � .�� I� � k i s ��; ,�i l __ a v 'r � � � o �•• � 4 � �n'���,��^��1' �-- � � °{ ! � - � �'e OVERALL PARK PLAN . """�-T �� . k� P P_ �— 39 EXHIBIT F INSURANCE SCHEDULE F FOR CONSTRUCTION AND FUNDRAISING PHASE ao Ciry of Dubuque Insurance Requiremenss for General,Ntlisan or Tratle Contractors, Subcon��ac[ors o�SubSubconlraclors INSURANCESCHEDULEF ClassA ASCestosRemoval FlberOp6cs Sani[arySewe�s AsphaltPaving GirePm�edion SF.eetMetal Concre[e Flrepmofing Slte Ulilltles Consimwon Managers General ConVacrors Shonng Cranes HVAC Speoial oonstmction Gulvetls Meclianloal S[eel Deckinq Pavin88Surfacing Stormsewars Demolition P'tles&Caissons S[mctoral S:eel Deconstmction PWmbing Trails Eatlhwork Retalning Walls Tunneling ElecUlcal RetnN��men� Wetermaln Elavarors Rootln9 Ciass B GhemicalSprayv�q MeEonry TankGbahng Doors,Wntlow& VehlaolarSnowRemoval TreeRemoval Glazing Pemtiqq&Wall Covenng Tree Trimming Drywall5yetems Pes�Con[ml Tuckpointir�q FertilizerAppbceGon ScafPoltling Waterproofing Geotech Bonng Sitleerelks Well Drilling Insulatlon Plastenng FinishCarpentry RoughCarpentry �antlsoapir�q StumpGrintling Giass G Carpxf Cleaoing General Qaaniqq Prnver WasM1ing Carpet 8 Resillent Gass Cutling rile&Tarrzzzo Floonr.g Fioofrtg Janitorlal Wintlov+Washing CaulbngBSealaots NonVehioular5now& Awusticel Ceillqq Ice Removel Fil[erCleanlqq OffioePomishin8s Paga'I of 6 Soheoule F,Gene�al,ARlsan ot T�etle COMractars,Subconhaato�s o�Sub SubwnUec�ors July 2�1] 41 City of oubuque Insuran<e Requirements for General,Nrtisan or iratle Contractors, Subconhactors or Sub Subcon[ra<[ors INSURANCE SCHEDULE F (continued) 1 Con[rac[orshallfumishesigneticerti�cateofi�uranoeto�haCepSrtmentresporisibleforNe oontreG(or Jie mve2ge 2quireC In Exhibit I p(or ro commenang work entl at�he end of tha projec[BlhetennofwoMSloogerfian60tlays Con�2c1orspleseningennualcerti0ca[esshell p[esentacertl4cateatYheentlofeacbp�ojec�wlID�heLnalbilllr�g. EacM1certificatesFallbe praparetl on Ne mos[current ACORD form approved tiy�he lowa Oepartment of Insurence or an equNalent approved by tra Finance�irecror_The certlflcate must deatly indicaL=[M1e pmjeot numCer, pmjao�name,orpmjedtleecrlp0onforwhmhitisbeingPrwitledEg: Pmject # Profect name orPmiecl Localion at or consimction of 2. All polloies of Insurence requrtetl nereundersnail bewiID an InsurerauNorizetl:o tlo busness in lowa and all insurers shaU have a ratinq of A or be¢er In ihe curreril A.M.EesPs Rafiqq Guitle 3. EechCerti(IcatereauiretlshallbefurnisM1etl[o�ne DapaRmen[of�haGi[yof oubuque 4. FaiWre ro pmvide�he mverages tlescribetl in Nis Insurance SCM1etlule shall not be tleemetl a v�aiverofthesereGwrementsbytheCiryofDubuq�re. Fa�Wretoobtainormeinfainfierequired Insu�enoe shall be corisitleretl a ma�e�✓dl breech of Ihls conGact. 5. Conhactorshallrequireallsubcon�2do5antlsubauboont2eto5fiobhioantlmaintaintlu�ing Me performence of woB insu�ance forihe coverages tlesuibetl in�M1ie Insu�ance Schedule and 61Tdll Ob�dN CBIII(lpGS Of IlISO(dOC2 fIOT dfl SIlCIl50bCOf112CI05 dfl(I SUb-SUb00[42C1O5. Conhactor agrees[M1at It shall be liable for Ne fa➢ure of a subconhactor antl wtrsul.vontrao�orto obtain eotl mainLin wch coverage The City may req�est a copy olsuch cehificates immtha Conhac[or. 8. All reqwretl eodo5ements[o various polioies sM1all be ahaohetl to the cetlificate of'msurence � Whanever an I50 form Is reterencetl ttia ourreatedifion musl be pmvitletl. 8- Gontractorshallberequiretl�ocarry�heminimumoovemgellimi[,orqreaterlf�equiredbylawor otherlegalagreemenS in F�chibi[I-Insurance SCM1etiule F. If�M1e con�2otprs Iimi6 of f biliYy ere higher Nen�5e requi2d minimum limit Bien IM1e oonGactor's IimttssM1ell be�M1isagreemecPs requiretl limits. Paqa2of6 ScheduleF,General,Artlsano�TratleGonttaGotsSutconhecto�sotSubSubmn��actors July20�] 42 Ci[y of Oubuque Insurance Requiremen[s for General,Ar[isan or Tratle Contrac[ors, Subcontractors or Sub Subconhac[ors INSURANCE SCHEDULE F (continued) exNieir i A) COMMERQALGENERALLIp81LITY General.�qqregat2Limi� 520�0.000 Produats-0ompletedOpere[ionsAggregeteLimR 52000.000 Personal antl ACNetlising Injury Limtl S�D00 000 Each Occurrence S'I 000 000 Fire Dameqe Limit(arry one oowrzenoe) 35q000 Matlioal Paymen5 Sq000 1) Coverage shall be written on an ocourrence,no�daims matle,form.The general Ilabillty cover�qe shall be wniten In aaao�d wl[h ISb to�m CG0001 or businass wmerslormBP0002. Alltleviabonsfrpm�hestar�tlardl50commercialgeneral liebillty form GG 0001 or pusir�ess owners form BP 0002 sM1ell Cz oleatly iderniiietl. 2J indutlel50entlorsemantPo�mCG2604'DesignatetlLocation(s)General A59regate LimiC or CG 25 03"Designatetl Consfmo�ion Pmlect(s)General f�qgregate GmiP as appmpna�e. 3) include endorsement intlicating that coverage is primary antl noo-wntriburory_ 4) mcludePreservetionofGovemmentallmmuni[iesEntlorsemen[ (Sample attacnetl) 6) iaclutle an entlo�sement iM1at tleletes aoy fallow employee exclueion. 6) !nclude atltlitional Insu�ed entlo�eement Po�' The Clty of Duboque,inolutling all its elec�etl and appoiMetl officiels, ell Its employees and voWnteers.al:Rs bcartls commissions antlbr autnorities arM Ihxlr boartl members.ampioyeas aod wlunteers.Use I50 form CG 20 10 (Ongoing operaWnsJ. �) Th2 dtltli[i00d1 In6UlEd Bf1d05B!l12I1[Sildll IOCIUtl2 CORIFIEIEtl O(I$(8[Io06 UntlE[ ISO form CG 203]during Ihe pmject leim antl for a penotl of hvo years after ihe wmpletion of tM1e pmject. 8) PoiicyshaillnclutleWalverofRlghttoReoovarfrom0[t�ersentloisement e) WOBKERS'COMPENSATION S EMPLOYERS LIAeILITY SYaN�ory Bsnefi6 covering all employees In)uretl on tne lob by aooident or diseese as prescnbetl by lowz Gotle Chapter 85. Coverage A S2turory—State of lowa CoverageB EmployersLiabiltty EechAccltlent 5'100,000 Esch Employee-Dlsease S100,000 Po➢cyLimp-0isease 5600,000 Policy sM1all Iriclutle Waiver of Right to Reoover fmm Olhers antlorsement. Coverage B limits shell be Breater if raqulrao by the umbrellalevicess Insurer. Nonelection of WorkeS'Gompenu6on or Employers Geblllty Coverege untler lowa Code sea. 8]22 _yes _formanachetl I Fage3of6 SchetluleF,General,NRisanorTratleConhac[ars,SubconhactorsorSubSubcon�radors Juy201] 43 City of pubuque Insurance Requiremen[s for General,Artisan or Trade Contraclors, Subconhacbrs or Sub Subconhactors INSURANCE SCHEDULE F (continued) C) AUTOM081LELIABILITY GombineCSv�qleLimit 51.000,000 D) UMBRELLNE%CESSLIABILITY Umbrella liability covera9e mubt be atleast folloviiqq form with iFe underlying pollpes inclutlea nerein Ali Class A oonhaotors wim mntraa vaWes in emess of 5'I o,000,00o must M1eve umbrellalexce�s IlablliN��erage o�51q00o,o40. NII Cless A and GYass B con[raorors wilh conVact velues beN�ean 5600,000 antl 51000q000 must have umbrella/ezoess liability coverage of 53,000,000. NII Glass N anC B corrtradors w11h cnn[raot values less tM1en$500,000 mosY have umbrella/exuess liability wvere9e of 51,000,000. All Class G conlractors are not reqoirxd to h3ve vmbrella/excess liebility coverege. All corrtractors peAormlqq earlh work must M1ave a minimum of$3,D00,000 umbrella re9ertlless of pie c ni2a value. E) ENVIRONMENTALIMPAIRMENTLIA9ILITYORPOLLUTIONLIABILIN Goveagerequired _yes _no POIWGon liebiltty coveesge shall be reqwretl d pro�ect Involves any{»Ilution esposure for hazallous orwn[eminatetl meterials includng, bW no[limtted[o,Ihe removel of leaq as�estos, or PCB's Pollution pmtlwt antl complete opera0ors covarage shall alw be coveretl EacM1 Occvrrence 52D�0,000 PolicyAggregate 54000,000 1) POlicy to Inolutle premises entl Vensporla�lon ooverage. 2) InGutleatldl[ionalinswedfo� The Gty of Dubuque.including ell 15 elecletl antl dppoin[etl officials, sll Ite employeas and volun[eers,all iYs boartls.commissions antlbr authorities antl tM1eir Coartl members employees and volunleers.Use ISO form CG 20 10. (Ongoing operatans)as smtea in A(5)above. 3) IncludePresarvationolGovernmentallmmunitiesEMorszment 4) Provltleevltlznceofcweragefor5yeaisaltercompleVonofpmject. Pyoe 4 of 0 Schetlule F,General,ARisen or Tretle Conlraclors,Su[zorrtractors or Sub SubcmUec�ore Juty 201] 44 Ciry of Dubuque insurance Requirements for General,Artisan or Tratle Con[racrors, Subconhactors o�Sub Subcon[mctors INSURANCE SCHEDULE F (continued) F) RAILROAOPFOTECTIVELIA6ILITY Coveragerequired�. _yes _no Any con[raot for consimction or tlemollllon nB on orwi�hin ffty feEi(50')fmm Ihe edge ot Ihe trecks of a rallroad oreRec�ing any railroad brldge or Vestle,Vecks,rbatlbetls, Nnnel,undarpass,or crossmg for whicli en eesement or license or intlemnification of Ne rallroatl Is requiretl.shall require evidence of the foliowmg etldttlonel coverege� Rellroetl Protective Liability- 5 eaoh000urranoe(perlimitsreqwredGyRaAroad) S �lioy aggregata(per limits requiretl�y Rallroatl) 04 An entlorsementm Ne Gommerpal General Liability pohcy equal to ISO CG 2411 (GnnhaIXualLleblllry-RellroetlsJ. Acopyo[thisentlo�samantshallbeattachedro�he ce�fifica�e of I 5u2noe Paqe5of6 ScheduleF, Generel,AtllsanorTratleGonhao�ors,SUWon�rao�orsor5ub5ubconVacrors Ju1y201] 45 I City of Dubuque Insurance Requirementr Por General,Artisan or Tratle Conhactors, Sub<onVacrors or Sub Sub<onhactors PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT 1 bLqnvl@ivals�Sz9selorsientailmmu[`,itKThelnsurerexpresslyagreesendsteteslhe[titepumhase offiis policy and tM1e inolutlir�q of[M1e Gily of�ubuqoe,lowe as an Atlditional Insuretl tloes no�werve erry of the tlefenses of gwemmentdl immunity available Io the CiN of oubuque. lowe under Gbtle ot lowa Section 6l0 9 as d is now exi55 antl as iY may be amentled fmm Ome Ic tlme 2 pai�rsC�v�ageTheinSurerfurtFeraBreesihat[M1ispol�icyoflneornoceshallooveronly�hose clmms not wbjeot�o the tlefense olgovemmen2i immuniry untlarIDa Cotle of Irn�a Sectlon 6]OA as it xistsantl as il may�e amen0ed fmm Gme to Iine.Those claims notsubjeo�[o Goae of lowa Saotion 8]0 4 shall be oweretl try IM1e[erms antl conQRions o[Ihis Insurence policy 3 AssertonofGov�ImmuqiryTheCiryof�ubuque. lowashanberesp�nsibleforasseRiry any defense of govemmental ImmuniN.antl may dc so at any time antl shall tlo so upon the[imely wriC.en , utof ine Insurer. 4. Ngp�gp�o[C1ovQrd9E The Insure�sM1sll nol tleny covetage untlar[his polioy antl[he Insu�e� shali no[Oeny any of tM1e nqhts aod banefiK amruiqq to Ihe Gity of Dubuque,lowa urrcler Ihis policy for reasoris of govemmenlal Immunity unless antl uotll a coutl of compelentjunsdiotion Fas mletl In fewr of �he tle[ense(s)of governmental immunity assertetl by the City o[oubuque, iowa No Gtbe,tqhange in Pobcy_The above presewahon of govemmen�l immunities snall wt omerv�ise cnenge or allx the wvereBe aveilable untler me policy_ SPECIMEN (OEPARTMENT NLINAGER: FILL IN ALL eLANKS AN�CHEGK BOXES) Pageeof6 SchetluleF.General, ArtisaeorTratleConiraorors,5ubcontrectoreorSubSubcon�ram,ors Ju1y201] � 46 EXHIBIT G INSURANCE SCHEDULE A FOR LEASE PHASE 47 City of�ubuque Insumnce Requirements Por Lessees of City Property antl Right of Way Licensees or Permittees INSURANCE SCHEDULE A t. sFrallfumishasignetlae�i�iw�eoFlnsurancetotheQryofDubuque.iowa for�he cove2ga requl2tl In ExhlbiY I ptlorto Ihe lease,Lcense.o�pemvtoonmencenec� All lessees of Qry propeM1y entl nBhl of way Ilcer•.sees orpermitteessM1all submitan uplated oertifiaate annually. Eech cert�fcaie shall be prepaeed on the mpst ourre�t AGORo fo:m approvetl by the Iw�a�nsu:ance Dmison or an equrvelerR. Eech ceRiYrcate sM1all'mdude a s�a�emen�under Desc*ip6onofOpereGorisestowYry�hecerofirnatewaslssuedEg�. Pmlectp or�eeseof p�emsesat oroonsimcM1onof orrightorwaypermiHetl looation antl tlesaiption 2 All policies of insurance raquiratl hereuntler shall bewRM1 en Insurer auYhonzed[o tlo business in lowa'antl all Insurers sM1all M1avea re[mg of A or betler In Ne ourren�A M.Besfs Rating Guitle. 3. EaoGoertiFcate sHall be fumished lo[M1e DepaRment of[he Gi�y of Oubuque. 4. The lessee,Ilcensee or permitlee sM1all be required Yo carry Ihe minimum aoveragellimits,or greater If requlred by law or oMar legal agreement, In 6:M1ibit I.FalWre to provide the requiretl minimum coverage shell not be tleenetl a waiver of such raquiremerits by the City of Dubuque. 5. Fdllple[oob[a100[!l1910t21lIV1PIPqUIlBdIn50l3nQB5h311k12oon6itleletla!!Id[eli31bR8GhOf�h2 lease, licer�se,or permit 6. Allrequiretleotlorsamen�sshallCzatlachetlroce�iihcate. ] Whenever a soeoiLc ISOform is referencetl the corrent ediLon of�he form must Ce usetl unlese an equivalen[fo�m is epproved by�he Finanoe DireNor The lessee, Ilcensee,o�pertnittee mus� 102II(I(y dlld 15L 1�WlIIIl1C�ell 02VIflG0l16 dlld B%CI0610f5��ORI�h2 I$�(OIRI. 8. If lessee's. Itoensee's or permlttee s Ilmils of liablhty are nlg�er�han Me requiretl minimom hmits tfwn Me lessee's,liceosee's.orpermittea's Ilmits shall be thtsagreemenCs requiretl limits_ 9- Lassee, licensee.or permlttee shzll requimall subcoritradors antl subsubconhactors to o�tain and main�ain tlu:ing[he performence of work Insorance for�he coverages Oesoribetl In tM1is InSurence ScheOule an0 sM1all obtain certifioales of Insurance fmm all such suL�.ronlradors antl sub-subooniractors Lessee,Itceneee,or permitlee egrees Iha�it shall be liable forihe failure of a SIILGOl1VdCI0l dOd 6Ua6UbCOO�l30IOf�0 Ob�31lI 8lld RI81lIIBlp 6OCFI LOVE(d92.ThE CiRY RIdY 2quest a oopy of such certTice�es hom Ihe lessee. Ilcensee,or permittee. Page 1 of 4 Schatlule N Lessees Of Gity Pmperty,RigM1l Of Way Llcenseas or Permittaxs July 201� 4S City of Dubuque Insurance ReqWrements for Lessees of City Property antl Righl of Way Licensees or Permitlres INSURANCE SCHEDULE A (Continued) exweiT i P) COMMERCIALGENERALLIABILITY GeneralAg9�egeteLlmR 52,000,000 Pmtluds-GompletetlOperationsAggregateLimit 5t000,000 PersonalantlNMeRisiriglnjuryLlmif 31,000,000 Eacti Omurrence $1.000,000 FireDamapeLimi[(anyoneoccurrence) 560,000 Metlical Paymenis $5,000 1) CoveragesM1allbewrittenonan000urrance,nolclalmematle.formThegeneral liabili�y ooverage sM1ell be wG¢en in ecdortl witM1 lSOform CG0001 or businEss ownersformBP0002. AlltleviatiorzsfromlhestentlertllSOcommerGelgeneral liabiiity fo�m GG 0001.or 8usine55 owne�s form 8P 0002,shell be clee�ly itlen�ifiea. 2) IndutlelSOentlorsementfonnCG2504"OcslgnetedLawtlon(s)Gene�el Aggrega�e LimiC' 3) InGutle entlorsemen�intlioating tnat covernge le prlmery antl norvwntYibutory_ 4) IndudePreservationofGovemmentallmmunitiesEntlorsemont(Sample attacnea� 5) IncludeanentlorsemenitM1a[tleletesanyfellowemployaeexGusion Q) Ip0�UC1EdC1dISI0fIDIIlI511RF1Pf1dOf62R@OIfOC The CiYy of�ubuque.inolutling all iis eleo�etl and appointed oRiaals,all ite employaes and wlunteers,all Its boa�tls.oommissioes antl/or author,ties antl [M1eir boartl members,employees aod volun[eets.Use ISO form CG 20 10 (Ongoing opera[ionsJ or its equivalent `) Iflessee, licer.see.orpermiHeeuM1lizesTrikkesorSegwaYsinthecontluclof busmess.Indatle en endorsemeot refleo�ing Ihat ihese vehicles are not exclutletl fmm Commemial General Llabllity coveraqe B) WORKERS'COMPENSATIONBEMPLOVERSLIAeILIiV Stamlory benefits mvering ell employees�injured on fie]ob ty awitlent or�fisease as presoribatl by lowa Code Chapter BS as amentletl Covara8e A 5[aNtory�tate oi lowe Goverage e Employers Liability Eeah AaIXtlent S'100,000 EachEmployee-Disease 5100,000 PobcyLimiFDisease 5W0,000 Pollcy shall mclutle Wemer of RigM to Reoovw(rom IXhars entlorsemen�. Nor.eledlon of Workers'Gompensa6on or Employers'Liabiliry Coverage untler iowa COCa seo. 8�22 _yes _formanached Paqe 2 of 4 Schetlule A Lessees IX G�y Proper[y,Right O(Way Lioensees or Permittees July 201] 49 I City of Dubuque Inso�ance Requiremen[s for Lessees of Lity Pmperty antl Righ[ofWay Licensees or Permitlees INSURANCE SCHEDULE A (Continued) C) ENVIRONMENTALIMPAIRMENTLIABILITYORPOLLUTIONLIABILITY Coverage raquirea�. _yes _no PdWhon liablllryooveage sM1ali be raquiratl if�M1a Ixssea,conGaQing party,or permittee has any pplWtlon ex�sure for ebfltement of hezartlous or con[aminated malerials InduUmg,bu�not limi[PA to,petmleum pmtluc[s,ihe removal of leaq asbertos,or PCBs . POIWtion pmtloc[antl comple[ed operatlorzs covarage shall also be oovered Eachoccurrenw 52000,000 aolicy Ag9re9ate 54.00Q000 1) Polioy to InGutle premises and[ransporta6on cnverage. 27 Inautle adtlitional Insuretl for: The Qty of Dubuque,IncWtling all Its elec�ed antl appoirned ofticials,all its employeu antl volunreers,all its boartls_commissions antllor aWnorities an0 tM1evboartlmemDe�s employeesandvolunteers U�ISOformCG2010 (Oqgoing opea�ions)as sta�etl in A(6)above 3) Inclutle Preseive[ioa of Govemmeotal Immuntties Endorsement. 4) Pmvldeevidenceo�wveragefor5ye.9rsapercompletionofproject. 0� PROPERTY INSURANCE RE�UIREO BV LEASE,LILENSE,OR PERMIT _yss _no EvidenceofpropeMcoverageprovitled. _yes IncW�ed Ne Git o(Dubuqoe es Lentler Loss Peyable_ E) RIGHT-OF-WAVWORKONLV: ❑M9RELLAIEXGE55 51,000,000 _yes _oo Umbrella/eccess liabillry coverage musi Ce at leas�Nlloviing fortn viith Ne untlerlying poliaies Inclutletl herem. Pege 3 of 4 Sohetlule A Lessees Of Gity Pmpery�,Righ�Gi Way�icensees or Permitlaes Juy 201] 50 City of�ubuque Insurance RequiremenK for Lessees of Ciry Property antl RigM1t of Way Licensees or Permittees PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT 1. Nonwaiver of Govemme tal ImmuniN The Insorer expressly agrees antl s�ttes IM1at[he pumM1ese of[Ois policy antl tM1e inclutliog of[M1e CM1y of Dubuque,lowd ds an/1ddAiornal Insured Ooas wt warve any of roe tlefenses ofgovemmental Immuniry available b[he Ciry oi Dubuque, lowa untler Cotle of lowa Sec[lon 6]OA as iY is now exisis antl as it may be amentletl from time to time. 2. ClalmsCovereae.TheinsurerfuRM1ergqreesIDatthispolicyofinsuranoeshallooveronrythose clalms nol suGject to the tlefense of governmeo[al immuelty undertM1e Cotle of lowe Sec�ion 6]OA as i� now exlets end aa It may be amendetl fi�om Hme to time.Those Gaims oot sub]aot ro Co�s of lowa Seo[ion 8]OA shall be ooversd by ihe terms end conditlons of ibis:nsurence policy. 3. Assertiono/Govemmer�ilmmunNTheCiryofDubuque. lowashallberesporislbleforasserlirg eny deferise of govemmentai immunity,entl mey tlo so at arry�ime arW sFall tlo so upon Ihe�imety vintlen reGvest of ihe insurer. a Non-Deni�lofGoveraaeThelreurershauno[aenycoverageuntlermispolicyantlmelnsurer ehflll no�tleny any of fFie tlghts antl beoeFlts aooming to the Gily of Dubuqaa, lowa untlerthis p�liay far reasone oFqovemmenfal Ircnunity unless entl mtil a court of oompetentjunsdo6on has mletl in(awr of �ne detense(s)at gw mmenrei immuniry assertea byme CIN of Dubuqoe, iwra. dJo DIM1er Chanee In Policv TM1e abwe preservation of governmen[el ImmuniYies shall not otherwise cM1angeoral[er[hacov zgeaatlabieunOerCnepoiiq SPECIMEN (�EPPRiMENT MqNAGER: FILL IN ALL BLANKS AND CHECK 80%E5) Pege 4 of A SOM1etivle F LEssees Gf Giry P�operty,Righ1 G1 Way Licansees or Permitlees July 201 i 51 i * .. \� THE CITY OF MIRA E DUB E ; � _�� y� �, j Masterpiece on the Mississippi ' or oueuqut: September 26, 2018 Ms. Nicole Shalla, Enhance lowa Program Manager lowa Department of Economic Development 200 East Grand Avenue Des Moines, lowa 50309 Dear Ms. Shalla: Miracle League of Dubuque and the City of Dubuque have formed a dynamic partnership to bring Miracle League Baseball and an all-inclusive playground to a region that has no dedicated playgrounds for people with special needs. The $3.5 million project has been several years in the planning and funding and, with the thoughtful support of lowa Economic Development Authority's Enhance lowa grant, we are ready to realize this much-needed facility. The city of Dubuque is located in Dubuque County and is the largest city in a 50-mile radius. The city has a 2017 estimated population of 58,Z76, while the county population is estimated at 93,653. Dubuque Community School District documented 1,700 students in the public-school system diagnosed with a disability that limits their participation in organized sports leagues and at most playgrounds. Census data shows more than 10,000 people in our region, aged 2-31, have a disability, thus for all ages the number is much higherfor our region. Dubuque special needs teacher and baseball coach,Tom Witry, was keenly aware of this disparity.Along with his wife, Carol, Witry invited Merle and Mary Santjer to join him at his May 2013 Optimist Club presentation to share his dream to bring a Miracle League Field and All-Inclusive Playground to Dubuque. The Santjers are parents to Matthew, an avid baseball fan, Witry's former high school team manager, and a young adult with Autism. The Santjers were immediately supportive of the vision, and along with the Witrys, have been working nearly nonstop for the past six years to make the Miracle League of Dubuque (MLOD) a reality. In 2014, Ohio businessman and University of Dubuque Trustee, Joe Chlapaty contacted Witry and Santjer because he, too, shared their hope to bring Miracle League to Dubuque. After Joe and Linda Chlapaty met with Witry, Santjer, and Dubuque City Manager, Mike Van Milligen, the Chlapaty's pledged a $500,000 Challenge Grant to the group and MLOD was moving in high speed. Veterans Memorial Park, a well-established park in central Dubuque, with room for growth and existing ball diamonds, made the park a natural fit for a Miracle League ballfield and all-inclusive playground, as well as easily modified parking and sidewalks to offer complete ADA-accessibility. With a site selected within a Dubuque city park, the City readlly formed a partnership with the fledgling MLOD. The all-volunteer MLOD has received wide-ranging support for the project.The City of Dubuque is a full partner in this project, having provided planning expertise, offering a permanent home for MLOD, and assuming all park operation and maintenance as soon as the project is complete. Additionally, both the city and Dubuque County have pledged $50,000 in matching funds for the project. Support has been garnered throughout the region from Dubuque Community School District, Western Dubuque School District, and several other special needs groups such as Camp Courageous, Camp Albrecht Acres, Special Olympics lowa, Area Residential Care, Hills & Dales, G&G Living, and Unified Therapy. To date, $2.7 million has been committed to MLOD from private donations and pledges, in kind services, and grants. Commitments to play have come from communities throughout the region, with inquiries from schools and camps to utilize the park. Businesses and organizations have already inquired about volunteering with the teams. With the support of an Enhance lowa CAT grant, MLOD will be able to bid the project in January 2019, start construction that same spring, and open for play in September of the same year. With an Enhance lowa grant of$500,000, the project's vertical infrastructure fundraising will be completed. We see this as the best use of both State of lowa funding and our donor gifts. A one-phase, shovel-ready project is the most cost-efficient way to proceed, with an estimated $200,000 cost-savings realized by not building in separate phases. The Dubuque area has a strong foothold on tourism in the region, and we anticipate MLOD to be another quality-of-life offering. Conservative estimates from league play show tourism revenue at approximately$2.34 million in the first five years of operaton (IEDA Tourism Estimator FY2019). We further envision adding inter-league tournaments, all-star games, corporate events of whiffle-ball and kick-ball which will drive usage and revenue. We have learned from other Miracle League fields with an all-inclusive playground, the ballfield is the draw on Saturdays, but the playground is a significant draw all seven days of the week. Additional economic impact will occur from the$3.5 million construction project in Dubuque. Data shows$XXXX in 2019. The community, private individuals, local and civic organizations, industry, corporations, and politicians through the region all support Miracle League of Dubuque in a collaborative manner as substantiated in the letters of support and resolutions on the following pages. When MLOD opens, it has been proposed that it will be on the newly renamed Miracle League Drive, at one of the City of Dubuque's premier parks. We are most pleased to see this vision come to life! We have one child who has already asked what his number on his baseball jersey will be and how old his brother has to be to be his buddy. The entire Dubuque-area region is ready for opening day. We sincerely hope that Enhance lowa will be another major partner in this long-awaited project. Sincerely, Merlin P. Santjer MLOD Board President 13-26tr e4- L ,i s ' el Mayor, City of Dubuque Pro Tem ENHANCE IOWA COMMUNITY ATTRACTION AND TOURISM Overview & Criteria for Submission � � � e�c7�'7r�rs`�o� develo�+r� ��r-�t FY2019 COMMUNITY ATTRACTION AND TOURISM TABLE OF CONTENTS PROGRAMOVERVIEW................................................................................................................................... 1 Applicants...................................................................................................................................................... 1 Projects........................................................................................................................................................... 1 CATAwards................................................................................................................................................... 1 FundraisingMatch........................................................................................................................................ 1 Securityand Contracts................................................................................................................................2 Allocationof Funds......................................................................................................................................2 Deadlines for Application Submission....................................................................................................2 Evaluationof CAT Applications................................................................................................................2 GENERAL APPLICATION INSTRUCTIONS ................................................................................................3 APPLICATIONCHECKLIST............................................................................................................................� APPLICATIONCOVER SHEET......................................................................................................................� MINORITYIMPACT STATEMENT............................................................................................................... 7 FINANCIALFORMS.........................................................................................................................................8 ConstructionCost Estimatcs......................................................................................................................8 Sourcesof Funding.......................................................................................................................................J APPLICATION REQUIREMENTS..............................................................Error! Bookmark not defined. COMMUNITY ATTRACTION AND TOURISM PROGRAM OVERVIEW The Community AttracCion and Tourism (CAT) program assists communitics in the dcvclopment and creation of multiplc purposc attraction or tourism facffities. CAT awards can help position a communiry to take advantage of economic development opportunities in tourism and strengthen a communiCy's competiriveness as a place to work and live. This document contains instructions and guidelines for preparing a complete application. Applications are received by the Iowa Economic Development Authority (IEDA) and reviewed by the Enhance Iowa Board quarterly. Please contact Nicolc Shalla, Grants Manager, at enhanceiowaaiowaeda.com or �1�.348.62�8 with questions. Auplicants Eligiblc applicants indude a city, county, nonprofit organization, or school district in cooperation �dth a city or county. The applicant should be the intended entity to contract with the Enhance Iowa Board to receive CAT funds and undertake the funded activity. Proiects Fligible CAT projects must primarily be vertical inPrastructure with a demonstrated substantial regional or statewide economic impact "Vertical infrastructure" means land acquisition and construction, major renovation and major repair of buildings, all appurtenant structures, utilities, site development, and recreational traffs. CAT projects may include but are not limited to the follocving: museums, thcme parks, cultural and recreational centers, recreational trails, heritage attractions, sports arenas, and other attracCions. "Attraction" means a permanently locaCed recreational, cultural, educational, or entertainment activiry that is available to the general public. Work that has been started prior to the potential CAT Award datc, except the acquisition of real estate, is ineligible For grant funding and must be omitted from the application. TYus includes architectural fees, engineering fces, site preparation, etc If construction has started on your project, please contact the Program Manager before applying. CAT Awards Historically, CAT awards have been between 10 20% of total project costs. The Enhance Iowa Board has an award cap policy of S1 million, and typically docs not make an award of more than 20% of project costs. Most recent CAT awards have averaged 7�% of total project cost. CAT awards arc "last dollar in," which means the Enhance Iowa Board will not make an award untff the applicant has raised all or most of its fundraising match. Fundraising Match Aoolicants must document at least 65% of the total project cosC has bcen raised prior to applvinQ. This must bc in the form of cash donations or pledges. Financing and loans cannot be used ro reach the Fi5% fundraising threshold. Previously spent funds do not count as match. Other state funds cannot be a[tributed to the fundraising total untff the 6�% Fundraising threshold is met Up to 2�% of an applicant's Pundraising match may be made up of documented in kind donations. To be competitivc, it is recommended applicants have 70-80% of the toCal project cost raised prior to applying. The Enhancc Iowa Board requires each application ro have cash contributions from the city and the county in which the project will be located. The Enhance Iowa Board also requires cash contributions from both businesses and individuals. 1 COMMUNITY ATTRACTION AND TOURISM Securitv and Contracts The Enhancc [owa Board reserves the right ro negotiate the amount, terms, and other conditions oP a grant prior to making a CAT award. Pollowing notification of an award, a grant agreement specifying further terms and conditions will be executed. The Enhance Iowa Board will not makc a CAT award if it is detcrmined any representation, warranry, or statement madc in connection with this application is incorrect, false, misleacling, or erroneous in any material respect. If the Enhance Iowa Board provided an award prior to discovcry of the incorrect, false, or misleading representation, the Enhance Iowa Board may iniriate Iegal acrion to recover [he CAT funds. Allocation of Funds One-third of the funds avallable through the CA'I'program shall be allocated to projects in cities �vith populations of 10,000 or less and/or in counties that are among the 33 least populated counties in Iowa. If any portion of these funds has not been awarded by April 1, the funds shall be available for any communiry or county in the state. (The smaller population areas are not limited to one-tturd of the funding and may access the remauiing funding as well). Deadlines for A lication Subxnission Applications ue accepted quarterly: January 1�, April 1�, Juiy 1�, and October 15. If the 1�`" is on a weekend or a holiday, applications will be duc on the nearest workday. Applications received after 4:30 p.m. will not be considered for Funding and will need to be resubmitted in the next application round. Evaluation of CAT Apnlications Applications to the CAT program are evaluated in two stages: Stage 1 - Eligibility Threshold eligibiliry requirements are evaluated by staff and include: • Eligiblc Applicant • Benefits • Local Support • VcrticalInfrastructurc • Fundraising Stage 2 - Evaluation Applications that cicar staff review wzll be invited to present ro the Enhance lowa Board. Applications remain before the Enhance Iowa Board's CAT Review Committec until the Committec is confident the applicant can close any remaining fundraising �ap within a given tisne&ame (usually 30-60 days). The CAT Review Committee scores applications based on: • Feasibility (0-25 points, 15-point minimum required) • Economic ImpacT (0 2� points, 15-point minimum required) • Leveraged Acrivity (0-10 points, 6-point minimum required) • Local Match (0-25 points, no minimum) • Planning Principles (0-10 poin[s, no minimum) • Technology&Valucs (0 � points, no minimum) A minimum score of Ei� out of 100 points is needed for an application to be considered for funding. This score is considered a recommendation from the CAT Review Commitfee to the full Enhancc Iowa Board that the prqject be considered for a CAT award. The score is not a basis for a final award decision by the Enhance Io�va Board, nor is it a basis for comparing applications by the full Board. It is possible an application surpassing the minimum scorc will not be funded. z COMMUNITY ATTRACTION AND TOURISM GENERAL APPLICATION INSTRUCTIONS Read these instructions careRilly before completing the application. Refer to the CAT Administrative Rules (Chapter 261.211) as necessary to ensure compliance with CAT program requircments. Inaccurate information may disqualify the application from consideration. 1. Use clear and concise languagc in the application narratives. 2. Complete pages 5-9 of this document and other required attachments as outlined in pages 10 14. If any questions are unanswered or required attachments are not submitted, an explanation should be included. 3. The application must be printed using a font that is no smaller than 10-point type and be inserted in a three-ring binder. 4. An executive summary and the complered applica[ion forms (Cover Sheet, Financial Forms, and Minority Impact Statement) should be placed in the fYont oF the application. �. Usc lettered tabs to separate each secCion of the application. 6. Submit an original application (with original signatures) and one copy ro: Enhancc Iowa Program �Ianager Iowa Economic Development Authority 200 F.ast Grand Avenue Des Moines, Iowa 50309-1819 �. At least 6�% of total project costs must be raised upon applicarion. If less than 65%is documentcd, the application will be disqualified. 8. Each application must document cash contributions from the ciry and the county whcre thc project will be located as well as private sourees like businesses and individuals. 9. If you have questions about the application, please contact the Program Nlanager at enhanceiowaaiowaeda.com or 515.3�8.62�8. 3 COMMUNITY ATTRACTION AND TOURISM APPLICATION CHECKLIST Each application must contain the following: EYecutive Summary _____ Application Cover Shect (pages � 6) _ __ Minority Impact Statement (page 7) __ __ Financial Forms (pagcs 8 9) _____ Tab A - Applicant Eligibility _____ Tab B - Benefits Tab C - Local Suppart _____ Tab D - Vertical Infrastructure Tab E - Feasibility _____ Tab F - Economic Impact _____ Tab G - Leveraged Activity _____ Tab H - Fundraising bfatch ____ Tab I- Planning Principles _____ Tab J - Technology&Values _____ � COMMUNITY ATTRACTION AND TOURISM APPLICATION COVER SHEET Namc of Project: Mirade Leaeue of Dubuaue Baseball Field &All-Inclusive Playground Date Submitted: Organization: bliracle Lea[.Tue of Dubuque (�iLOD) Address 2728 Asbury Rd. Suite 300 City: Dubuaue State: IA Zip Code: �2001 Contact Person: Merlin Santjer Title: President MLOD Board Tclephone: �63-�90 6365 Email: D4erlin.Santjera Voyafa.com_____ Federal Identification Number 81-24548�8 County: Dubuaue City Population �8.276 Project relates to (check one or more): —_Cultural Activity _X_ Recreation _X_ Education _X_Entertainment Anticipated Construction Start Date: biarch 2019 Anricipated Opening Date: September 2019 CAT Request S �00.000 Total Project Budget 53.� million Co-applicant (if applicable) Organization: City of Dubuquc Address: �0 4V. 13'" Street City: Dubuque State: IA Zip Code: �2001 Contact Person: Nlarie Ware Ti[Ie Leisure Services Managcr Telephone: �63 �89-�264 Emai1: mware,acitvofdubuque.or� Federal Identification Vumbcr: -l2-600��96 � COMMUNITY ATTRACTION AND TOURISM Project Description In a single paragraph, briefly describe thc project, induding the vertical infrastructure components and anticipated uses. If this project is a phase of a larger project, please state its rela[ionship to that project. Embracing the philosophy of inclusion, Miracle League of Dubuque (MLOD) and the City of Dubuque have partnered to construct a $3.5 million all-inclusive Miracle League balifield and playground at Veterans Memorial Park in central Dubuque. Plans also include a new support building with concessions, quiet room, classroom, restrooms, maintenance, and storage; family plaza; and picnic area. The park will offer ADA accessible walking paths, picnic areas, benches and adequate shade.The ample existing parking will be modified to include handicap parking and drop-off located at the entrance to the park. The new infrastructure will be in the midst of existing softball and baseball fields, an older non- ADA compliant playground, a disc golf course and open green space. Separately,the City is adding a suite of new Pickle Ball courts. MLOD is responsible for conception, design, construction, and fundraising at the city park. Once operable, the City of Dubuque will fully take over operation and maintenance of the Miracle League structures along with other park amenities. Miracle League of Dubuque is anticipated to be available to more than 10,000 people ages 2-31 in the Dubuque area who have documented disabilities that prevent them to fully participate in sports leagues or at a playground. MLOD is anticipated to open in September 2019 and is expected to contribute $2.3 million into the local economy during the first five years of operation through tourism dollars. Acknowledgment, Release of Information & Certification I acknowledgc that I have read and undcrstand the application materials and adrrurustrative rules including the provisions relating to security and contracrs as notcd above. Further, I give permission to the Enhance Iowa Board or the Iowa Economic Development Authority (IEDA) to perform due diligence, perform credit checks, contact the organization's financial institutions, and perform other related acti�ities necessary for reasonable evaluation of this proposal. I understand that all information submitted relating to this application is a public record. I certify [hat all representations, warranties, or statemenrs made or furnished in connection with this application are true and correct in all material respects. I understand that it is a criininal violation under Iowa law to engage in decep[ion and knowingly make, or cause to be made, clirecfly or indirectly, a false statement in writing for procuring economic development assistance from a state agency or subdivision. Signaturc of applicant ccrtifying officer or inclividual (DO VO"I' SIGN IN BLACK INK): ��-�r\-�-'-'� �\ Date: �1�2 �/z e � sr �' Signature of co-applicant or subrecipient certifying officer or individual: Datc 6 COMMUNITY ATTRACTION AND TOURISM MINORITY IMPACT STATEMENT Please choose the statement(s) that pertains to this grant application. Complete all the information requested for the chosen statement(s). � The proposed grant project programs or policies could have a disproportionate or unique positive unpact on minority persons. • Describe the positive irnpact expected from this pro,ject. • Indicatc which group is impacted: X 4b'omen _X_ Persons �vith a Disability _X_ Blacks _X_ Latinos _X_ Asians X Pacific Islanders _X_ American Indians _ Alaskan Native Americans _X_ Other ❑ The proposed grant project programs or policies could have a disproportionate or unique ne�ative impact on minority persons. • Describe the negative unpact eYpected from this project. • Present the rationale for the existence of the proposed program or policy. • Provide evidence of consultation of representatives of the minority groups impacted. • Indicate which group is unpacted: ___ Women ___ Persons with a Disability° ___ Blacks Latinos ___ Asians Pacific Islanders American Indians __ Alaskan Native Americans ___ Othcr � The proposed grant project programs or policies are not exuected to have a disproporYionate or uruque impact on minority persons. • Present thc rationale for determining no impact. I hereby certify that the information on this form is complete and accurate, ro the besC oP my knowledge: Name: _blerlin Santier------------------------Roy Buol------------------------ Title: _ President MLOD Board of Directors__ ________ Mayor Citv of Dubuque______________ COMMUNITY ATTRACTION AND TOUWSM FINANCIAL FORMS Construction Cost Estimates If the proposed project conttuns components in separate geographic locations, please prepare a separate construcrion cost table for each componenC. Subtrac[ any work that has already been completed (except land acquisition). Failure to disclose work done may result in the return of all CAT Funds. Construction Details Item Description Cost Rcal Estate Acquisi[ion/Easements (City Collaboration) SO Site Preparation 51�9,840 C onstruction/Remodcling S 2,�73,72 7 FiYtures/Furniture/Equipment �171,73 0 Public Art &Landscaping 560,440 Other (spccify) (Statue, Donor Recognition) �30,651 Subtotal $2,996,388 Professional Fees and Permits �rchitectural llesign 5180,000 Enginccring Design 540,000 Construction Administratlon $-15,000 Permits(Allowance) S1,000 Legal &Bonding Fces (Allowance) �10,000 Developer Fees (�'/A) �� Subtotal $276,000 Related Construction Costs Contingencies (10.5%) 5313,29� WORK COMPLETED (PLEASE SUBTRAC'I') (SO ) Subtotal $313,295 TOTAL PROJECT COSTS $3,585,683 8 COMMUNITY ATTRACTION AND TOURISM Sources ofFundin� Project Activity CAT Request Fundraising Match TOTAL PROJECT COSTS 5�00,000 53,08�,e83 $3,585,683 Fundraising Match (nclude c+ list oF aII donors in Tab II. �'i Sources of Fundraising Match Source Amount � Where documented in application? City 3�0,000 (Tab X, Exhibit X) County ��0,000 (Tab X, EYhibit X) Private- Businesses 5 Private - Individuals 3 Grants 5 In-Kind S Other State Funds SO Fundraising Gap/Remaining Funds � to Raise (exduding CA"C Requcst) FUNDS SPENT (PLEASE SUBTRACT) ($0 ) FUNDRAISING MATCH TOTAL $2,689,262 � �c RESOLUTION NUMBER �;�`�`�Ic� W F[GREAS, the Dubuque County Board of Supeivisors supports the Ntiracle League of Dubuque campaig� to raise funds to build a baseball tield ai�d all-iiiclusive playground that will provide childre� and adults of all abilities the chance to play baseball; and WHEREAS, the Miracle League of Dubuque is applying for a [owa Commimity Attraction and Tourism (CAT) �ant in the aniount of$500,000 to be used for the constniction for the Miracle League of Dubuque's baseball field and all-inclusive playground that will conunence constniction in 2019; and WHEREAS, the Board recognizes that the application for this grant requires a commitment to provide a 10% matcl� ftmding of�50,000 requested if f�mding is awarded; NOW, THEREFORE, BE IT RESOLVED that the Dubuque County Board of Supervisot�s certifies that matching fiinds for the Miracle League of DuUuqLie's CAT grant application of ten percent (l0%) up to $50,000 are available upon awarding of the ��ant. Resolution adopted this I O`�' day of September, Z018 , G�/' v� Jay ckham, Chairperson Dub que County Board of Supervisors Attest: _<%'lt�'��.j ;� �� �;; �;. �Mary J�Ha el Dubuque County Deputy Auditor - � �, � � r.;:-.,�u .,, � . ., .,_ _�;;�