Signed Contract_Lease Agreement with Dubuque Water Sports ClubCity of Dubuque
City Council Meeting
Consent Items # 010.
Copyrighted
July 5, 2022
ITEM TITLE: Signed Contract(s)
SUMMARY: Vendor Service Agreement with Compass Minerals America I nc. for
Public Works Ice Control Road Salt:: Project 22-23-00; Lease
Agreement with Dubuque Water Sports Club; Vendor Service
Agreement with Toter LLC for Toter Carts; Vendor Service Agreement
with Wenzel Towing for the Towing Service Contract.
SUGGESTED Suggested Disposition: Receive and File
DISPOSITION:
ATTACHMENTS:
Description Type
Vendor Service Agreement with Compass Minerals
America Inc.
Lease Agreement with Dubuque Water Sports Club
Vendor Service Agreement with Toter, LLC
Towing Service Contract
Supporting Documentation
Supporting Documentation
Supporting Documentation
Supporting Documentation
LEASE AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
DUBUQUE WATER SPORTS CLUB
This Lease Agreement, dated for reference purposes the a® day of 11 1k ,
2022, is made and entered into by and between the City of Dubuque, Iowa ("City"), whose
address for the purpose of this Lease is 2200 Bunker Hill Road, Dubuque, Iowa, and
Dubuque Water Sports Club ("Club"), whose address for the purpose of this Lease is Post
Office Box 3377, Dubuque, Iowa, 52004-3377.
WHEREAS, City is the owner of Miller Riverview Park (the "Park"); and
WHEREAS, Club desires to lease the section of the Park shown on Exhibit A (the
"Leased Premises") from City to operate a water sports club; and
WHEREAS, it is deemed to be in the best interest of both parties to this Agreement
and to the public that Club lease the Leased Premises.
NOW, THEREFORE, the parties hereto mutually agree as follows:
SECTION 1. TERM OF LEASE AGREEMENT. This Lease Agreement is for a Term
of one (1) year, commencing on May 1, 2022, and terminating at 11:59 p.m. on April 30,
2023.
SECTION 2. RENT. The annual rental of $545.00 must be paid to City on or before the
1st day of May, 2022.
SECTION 3. USE OF THE LEASED PREMISES. Club agrees that during the Term of
the Lease Agreement, the Leased Premises will be used exclusively for recreational and
conservational purposes and associated activities. Club may not allow the Leased
Premises to be occupied or used by any other individual, group, organization or agency
without the prior written permission of City's Leisure Services Manager.
SECTION 4. GROUNDS AND BUILDING MAINTENANCE.
4.1 Club is responsible for and must perform all roadway maintenance deemed
necessary by Club from the access point at the Hilton Garden Inn parking area and
throughout the Leased Premises for Club's use.
4.2 Club is responsible for and must perform all grounds maintenance and
maintenance of improvements on the Leased Premises, including but not limited to
walkway, tree, flowerbed, and general grounds maintenance. City will mow the grass in
the Leased Premises area, but Club must trim around all trees, buildings, campers, boats,
and other obstructions.
4.3 Club must perform all building maintenance and maintenance of improvements,
including but not limited to interior and exterior building repair and painting, heating
system maintenance, plumbing, electric, roof repair and maintenance, and pest control.
4.4 Any improvements made by Club must remain on the Leased Premises upon
termination of this Lease and will then become the property of City. Club may not make
any material improvements or modifications to the Leased Premises without the prior
written approval of City's Leisure Services Manager, which approval may not be
unreasonably withheld.
4.5 All improvements made by Club must be built, erected and maintained in strict
conformity with all applicable federal, state or municipal statutes and ordinances, and
rules and regulations of the Park and Recreation Advisory Commission of City. Club is
responsible for and must inspect and ensure that all improvements comply with all
applicable federal, state or municipal statutes and ordinances, and rules and regulations
of the Park and Recreation Advisory Commission of City.
SECTION 5. UTILITIES AND REFUSE. Club must pay when due all costs of all utilities
serving the Leased Premises. City will remove trash from the Leased Premises on
Mondays and Fridays, Memorial Day through Labor Day,
SECTION 6. MANAGEMENT AND CONTROL.
6.1 It is agreed and understood that the Club has sole management authority and
control of the Leased Premises, for the permitted uses stated in Section 3.
6.2 Club agrees that all monies and contributions derived from the use of the Leased
Premises must be used to operate, maintain, and improve the Leased Premises,
SECTION 7. CONTROL AND ACCESS.
7.1 Club is granted the authority to limit general public access to the Leased Premises
to best suit its purposes. Club must make every reasonable effort to:
(1) Prohibit overnight camping except by Club members who have paid 50% of
the per night (non -electric) camping fee to the manager of Miller Riverview Park.
(2) Limit camping units allowed on site to six camping units at any one time and
limit any stay to no longer than thirty (30) consecutive days. At the end of a thirty
consecutive day stay, Club must require that a camping unit leave the Leased
Premises for at least five consecutive days. Club must require that all camping
units be in the same location. Such location must be agreed upon by Club and
City's Leisure Services Manager.
2
(3) Restrict overnight parking of boats to eight boats used for water skiing; two
work boats; and one Dragon Boat between Memorial Day and Labor Day. Club
must require that all boats be in the same location. Such location must be agreed
upon by Club and City's Leisure Services Manager.
(4) Police the Leased Premises to assure that no vehicles, other than City
authorized vehicles, are allowed access to the wetland area;
7.2 Club may not dump or allow to be dumped any trash, sweepings, or other waste
material, in the channel along the Leased Premises, or on the banks thereof in such a
manner that the same may readily be washed into the channel. Club must allow access
to the Leased Premises for utility service installations, subject to approval by City's
Leisure Services Manager, which approval will not be unreasonably withheld. Club's
water system will be tested by City's Health Services Manager at the request of Club or
City, and a certificate of testing will be filed with City's Leisure Services Manager.
7.3 Any rights granted herein to Club are subject to the right of City, or its authorized
agents or contractors to enter upon the Leased Premises to carry on any work or activity
necessary in connection with the construction of flood control works or devices, or the
clearing of obstructions in the Peosta Channel.
7.4 Club may not use the Leased Premises for commercial purposes, except for such
purposes which are related to Club's designated water sports. Commercial use of the
Leased Premises is prohibited except at special water show events sponsored by Club,
but only upon prior written notification to and approval by City's Leisure Services Manager
and upon such terms, including appropriate additional insurance coverage, as may be
required by City's Leisure Services Manager.
7.5 Club must provide padlocks for the control gate and distribute keys to its members.
A padlock provided by City will also be provided to allow access for City staff. The three-
piece chain used to secure the gate will be provided by City.
7.6 Any special events on the Leased Premises must have prior approval of City's
Leisure Services Manager and a special event permit as required by City.
SECTION 8. INSURANCE. Club must provide insurance during the Term of this Lease
Agreement as required by Insurance Schedule A, attached as Exhibit B.
SECTION 9. INDEMNITY. Club agrees to defend, indemnify and hold harmless City,
its officers and employees, from any and all damages or claims whatsoever, to persons
or property, by reason of Club's use of the Leased Premises.
SECTION 10. ASSIGNABILITY. Club may not assign or transfer any interest in this
Lease Agreement or the Leased Premises without the prior written approval of City. Such
prohibition includes contracts with third parties for custody, management or operation of
the Leased Premises or any part thereof.
SECTION 11. TERMINATION.
11.1 In the event either party fails to keep, perform and observe in a timely and proper
manner any of its covenants or obligations under this Lease Agreement and any such
violation is not cured or remedied within thirty (30) days after the date the party receives
written notice from the other party of such failure or violation (or, if not practicable to cure
or remedy such failure or violation within such thirty -day period, within such longer period
as is reasonable under the circumstances, and as is specified in such notice), then, in
such event, the other party may, at its option, terminate this Lease Agreement, by written
notice to the other. Upon termination, City will have the right to re-enter the Leased
Premises and to assume exclusive use and control thereof.
11.2 This Lease Agreement may also be terminated by City upon sixty (60) days written
notice to Club if the Leased Premises or any part thereof is sold or the Leased Premises
or any part thereof is needed for any purpose deemed appropriate by City in its sole
discretion.
11.3 Upon termination of this Lease Agreement, for any cause whatsoever, Club agrees
to surrender possession of the Leased Premises in its condition as of the commencement
of the Term, ordinary wear and tear excepted.
11.4 Upon termination of this Lease Agreement, Club members must remove all boats
and camping units from the Leased Premises within fourteen (14) days after the date of
termination.
SECTION 12. INSPECTIONS. City reserves the right to conduct periodic inspections
of the Leased Premises for the purpose of determining whether the terms and conditions
of this Lease Agreement are being promptly and faithfully performed by Club.
CITY OF DUBUQUE, IOWA
By: //%%�� &�D&��._
Mi hael C. C. V�d��
City Manager
Trish Gleason, Assistant City Clerk
DUBUQUE WATER SPORTS CLUB
By:
President, DWSC
S/ rani bail-titr*1a,,
Printed Name
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EXHIBIT B
INSURANCE SCHEDULE A
City of Dubuque €ngurancs Partutraments for Ltssess of Chy Pedparly and Right of Way
Licensees of Pemittaas
INSURANCE SCHEDULE A
1. t!WS Club shal furnish a signed carrtif sia of insurance to rho City cf Dubuque, Iowa to the
coverage required in Exhibit 1 prior to the lac ", Ifcanne, or permit eommencamont AA Messes of
City property and right of way sca seas of permaftlese shag submil an updated caMcate
annually. Each carincale shall be prepared on the etoel currant ACORD fora approved by She
Iowa Insurance Division or an equivalent Each cerigic:ats shah incchJaiea slstament under
meo e_p f er one so W why the car ificala was iss use. Lease Agreement dated
2. All policies of Insurance required have undw shall bewilh an irasurw aothorlsed to do business In
Iowa and ag ina ltera shalt be" a rating of A or baftr In !ha current A.ht, test's Rating Guido.
3. Each caatigcate shelf be rurnis'had a> the Finarwe Department of Hit CRY of Dubuque.
4. the losses, licoewma, or pearnillee shall be required to cory the rnihimurra cavaeage+FiimNa. cr
greater it mqulnad by law or pthar Iagai ayrsen-AW. ka Exhibit. 1, Failure to provide the tequarad
minimum shalt nW. be deemed a walver-of auch requirements by the City of Dubuque.
5. Failure to Obtain ormadrdaln Ilre required frsurawa shalt be considered a metarlsl breach of the
leeaa. Itoenss, or Parma.
C. Al required andarsoments shall be attached to coruifcaft.
7. Whenever a spy ISO form in referenced the r urtont edlliuer of the fore mst be toad unjos s
an equivalent farad to approved by the Dhaotor of Finance and Budget Tree lasses, Iluanaaa, or
permltlea most ddenitfy and list In writing AM daviabores And aazdusions from She W Lorna.
g. g farasaa'a, llcatrsma"5: pr pertit'tee's iimifs of hablh{y am higfiof Man the required minimum iinift
8taeta ilia iossea's, flnervsee's, or Permillea's limils shall be this agremmarA`s required tlreAa.
g. Lassoes, gcenso a, or perrktee shofl require all suboned sotom area sr#a-acaOcorNradlors is aablahi
and maintain during the perlormaruss of work. Insurance for the coverages dasr altJad ui thi s
Insurance Schodulo and ahall obtain cortlllesh" of Insurance from all suchsubcontradom and
autr-aaabccmtraelaes. Lasses, licensee, or penalties agfsos that it shall be liable for the failure cf a
subnoftacdor and sorb-suhconlractur to obtain and maintarn such coverAgo. The C4 reav
request a copy of such cartiftstee from the loasam, Iicarasea, or parmo m,
10. Losses, kam e & pererilless shall be responsible for deductibles and gaff=insured retention and
for paymord of all fwir y premiums and other costs assudalod with tfaa hawanua podiclas
rsgrked below.
11. Al r odiircales of Ileuraaoe must IrOCILA50 agan% parr e. phone ni rn0or and srnailaddress.
12. no City of Dubuque rosowvss the r4gh4to requb a complete, coedited coplas of all reegrirsrf
Inaurafton polla:tw, including andofsamenis, regUiesd by this Schedule at any firers.
13. the City of Dubuque resanres (roe right 1s modify those requiramenfs, Including Ihnits, based an
charges In the risk or ether special circumstances during the term of the agraernark, subjeot to
Multual agreemart of the pafts.
Page 1 ui+t &ftedule A 1-0 aaw 2021
C ly Of DVbUgua fn^ 'vrance 4sge;ra'ncn:s oaf Lessees of Ck'y PrMYe(e"y and Right of Way
Llc: n�sF tr F4Tn1:."u`iH3
INSURANCE SCHEDULE A (Continued)
'CS-€{OT f
A) COMMERCIAL GENERAL LIAMUTY
Gorb" Aggregate Link S2,000,000
Pm*xfo-Cornpleted CoaraUane Aggregsda Lltrrd Sr,000Q00
Psrxnal seed Adveaimaing troy Levit 5t.000.000
Eaich oOpalar" St=c-,Ow
Pee OMW Limit (any am ocwa MM) $50,000
Medical Payments $5,000
1) CdMWO ding be wt>7l n on an oomftwnm not dalms weds. &rm. The general
�Sry eoverega dmi 6e wa4Man km tm®rd M61 fLQi ham CC, � 04 of htesumass
ownwa fwta $P 00 OZ Aff deviations tram Bw sbw derd 60 eamsae dd awral
lsbtRg hma CO OMl. or Ewa>ass owners form SP 00 02, shall he cla tdy
yeti
2) fnddWs €SC ardorsamord form CQ 2504 TeMnaled LocatkiNs) Gmisrtd
A9ifmtlshr L mit.'
a) Inc6udm endor€ammrt wieating Goat o5nnrge is pilmsry am miry.
dY tMkftpratwvswnof£aarmmema bmauncles%mdometnorm(sample
sowjw*.
5) fricluds oddMonW tneare®wxbrawmattot.
Y€& CJty & €RAmuqua, lr� all re mars and appointed offi=fe, ail Its
VWOYaaa and volunteers. all ft 1 . tOMMblamrm WAIN suthwitles and
€3twr board mes*wg, arnpioyese and ems, Use 180 tolo CG 2D10
(orvoing "rallum) or is ectubmiars.
0) Poky shag indtde Wairvw of f$gtd to Reamer bun Obho s< Endoraeamant
e) WOMMM'CONVIINIZATIONA EMPi CiMRS UABILIV
Statutory sonaft covsnirsg all empi0yees lgwod an t€aa job by or dk as
PrescrAaari by Iowa Cods Chapter 85.
Cawaraga A: S —&tale of Iowa
cmaragefl EmsI
Such i19ddent S100,t M
Each EmPloYee4laesse $i00,wa
Policy Limit-Oisame M.000
Policy sh4 mckde lYW*t 5w of R12Mb ftwmv r kem Othems widumemact-
0, by €=9 Code Section 8.1A, s w Meaw kcenew. of POMHOe is not required to
pwchase workers' f mom iinswimm, Una kssas, ltaerreee. at perrsYtbs shall
have a copy of the sliaws AurAllacko of Mfoelmw r or Eaghrara' Liksrmy
i`OVSHIP farm an me w€ih the 10MMworitara c'aftypermdi n iiMM M cor mwsk w, as
req wed by tuvm Coda Saciian 97.22. Completed form must €at attached.
PRge 2 of 4 &hadrds A Lasso" as C* Party; at Way lJ�Eaee ar Perwousars Aare =1
Cly rJ Dubuque frrsur..: ce Requirements for Loss"'I of C9ty Property and MWAf Way
Llicerfst=s or Permitteas
INSURANCE SCHEDULE A (Continued)
POLLUTION LIABILITY
Coaerap required: _ Vas X No
PeNAM flab" oovarepe elfalf be r quhw M the lessee. eonlracft petty. or PerMmee
teas airy PakdoM expoears for shafemard of hMMW doue Of eantaminafed materials
arm, tart raft irndad I4 PeGtewum produr.ffi, No tanwasi of tead. astarstos, or PCBs.
P011ubM VMducl evlcuraplsfedWere fzone eavaregp ohs# also becovered,
Each castes S2,000,00a
Poky i4900,000
1) PoWy W Wkideob aft said banspor!aWn cavrarsge.
2i tra ir#s adrtonal ar-Rad tc
The CMy of Dubuque, all fbr efaclod and appoR*od offlomis, all its
"Toyeas and Volunteers, al ffs b=dk c0flynissions www autodges and
tlrss board rraaMN". amployasS aced wobrAws. Llas W torn CG 20%
(0114=9
�om} a As egtatva#WA CG=T(=rtpWed opswima) or
f0 I
3) kv.A da Prowvgftn of ktmunaies E
4) PMvide avtrtnoa of wrweV fix & years after cornpladon of prgact.
0) PROPERTY INSURANCE REQUIRED BY LEASE. LJCENSE, OR PERWT
Vas NO
EVA&WOsrfwopaw cMMGO 3ded: � Yee
Iticluda the City of i3c"ue as Lanclar Loss Payab W
E) REGHTd2!@lAYWORK ONLY,
ilMBRELLAIEXCESS SIAMOM
? YYss No
The Casnara3 Lmb *. AuW LW —My and W afe es Gompensaaon Inwagtes
***rmaeb m" be 62511W waif a combinaf cr. c4 prkttarf and Wbrae w Exons
LYbfty Insurance. if tfra Lla9hrelia or Exc€ss lnsurarwa, poky dry aA kdow the Form
i3at privacy p07101eS, It shall 'solaria the saw endorsomerds as feywared of the primary
feolit bdudintg Waiver of SubraWAW AND Prtmarp and Non -con butury in Wor at
the City.
F) FLOOSVOURANCE
Yes _Y,_ No
I€ Raquked covera2e,8,
Page 3 of 4 Wl adufa A LmeiOOS 4 CRY Pmpeneq; R9M of Way Lrcansees or PWnWft s W. 2♦K I
City of OubugLm Insurance Requiremsrds for Lasso" of City Prroparty and Right of Way
Ltcans"s of parr limas
Pleaaa he aware that naming the (2y of 6ubuqua as an additional insured as is nequkad by this
Insurance Scho&lo map result in the walvet of ft Qy's gaverranerrtat i nirnmatas provided In Iowa Cads
sec. 676.4. if you would like to praswm moss knmunisee, piano Use thisendormannent or an equivalent
form.
PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT
1. Nocru m atGaoorr-manbe lmantmjgy. The insurer erpreaftly &Cra s and slates that'the puntrase,
at this ram"! and �Me Including of the City of Dubuque, rows as an Additional insured does not waive any
at the drWses of governnaantat hnmunity aysillable to the City of t]utwqua, Iowa under Coda of Iowa
Section 670.4 as It Is now exiab and as It may be amended from one to tame.
2. C.leirrm C overawe.. TIm Insurer LwIJ r agrees WAt this palky of Insurance shall cover ordy those
a taints not su*d to Ilia defentse of governmanial irmwri fly under Vie Code of Iowa Section IWO-4 as It
may axi ste and as Ilmay be amended front tame to times. Those claims not subject to Cade or Irma
Seaton 670-4 shell be covered by Me terms and candttans of this trnurancb pd .T.
3. AsserEon of Governmard fmnwn4.u. The City of DiJbugm, Iowa Shall bs rasporsibis far asserting
any defense of gmWinnentat Immunity, mod rely do so at any Nme and shell des so upon the timely writion
request of the insurer-
4. Non-darkal at Caveman. The insurer shell eetdeny cov-wa o under this policy and the insurer
shWI not zany mV of tha rights and benefits ammuing to Etas City of Dskuque, townunder this policy for
reasons of govermmental immurltty ianfva and unlit a cant H competent Judadirdion has ruled in favor of
the dafa nsa(s) of gwarnmentat Immunity ast-'Trtsu b,, 0m, Cily of:Dubuqua, town -
No 02mr Chance in Po llem. The aloym Preservation of ]cvemnvm,4aef Immunities shall not.utharwise,
cbmige or alter the coveraqu avatfabfa under MA prolLy.
SPECIMEN
(DEPARTMENT MANAGERFILL IN ALL E"NKS AND CHECK BOXES)
Page 4 of 4 Schedule A Leeaaas d £Sy Prapartyy fiit}ast of VAy Licenseee or panmiittsea AM 2021