Signed Contract_2022 Docking Agreement with American Queen Steamboat LLC Copyrighted
August 1, 2022
City of Dubuque Consent Items # 019.
City Council Meeting
ITEM TITLE: Signed Contract(s)
SUM MARY: 2022 Docking Agreement with American Queen Steamboat LLC.
SUGGESTED Suggested Disposition: Receive and File
DISPOSITION:
ATTACHMENTS:
Description Type
2022 Docking Agreement with American Queen Supporting Documentation
Steamboat LLC
Dubuque
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TO: Michael C. Van Milligen, City Manager
FROM: Marie L. Ware, Leisure Services Manager
SUBJECT: Docking Agreement Approval for American Queen Steamboat Company
LLC
DATE: July 12, 2022
INTRODUCTION
The purpose of this memorandum is to request approval and signature of the attached
Docking Agreement allowing the American Queen Steamboat Operating Company LLC.
(formally HMS Global Maritime) river boats American Queen and American Dutchess to
dock at the Port of Dubuque —American Trust River's Edge Plaza.
BACKGROUND
The City of Dubuque's River Boat Docking Agreement was developed by staff for large
river boats wishing to use the City's large boat docking facility at the Port of Dubuque —
American Trust River's Edge Plaza. Agreement language was approved by City
Attorney Crenna Brumwell, and insurance documents have been submitted and reviewd
which satisfy the City's Insurance Schedule N requirements for the docking of
commercial vessels.
DISCUSSION
The attached agreement will allow the operators of these riverboats to use the Port of
Dubuque — American Trust River's Edge Plaza docking facility under the terms
stipulated therein. Access to the docking facility is on a first-come first served basis;
this agreement is not a guarantee that the facility will be available at any time.
Riverboat companies are encouraged to review the complete docking schedule and
coordinate changes in arrival and departure times to maximize use of the facility.
ACTION REQUESTED
Your approval and signature of the attached City of Dubuque Docking Agreement with
American Queen Steamboat Operating Company LLC is requested.
Prepared by: Dan Kroger, Recreation Division Manager
cc: Crenna Brumwell, City Attorney
Jenny Larson, Budget and Finance Director
CITY OF DUBUQUE, IOWA
2022 DOCKING AGREEMENT
OWNER CUSTOMER
NAME : City of Dubuque NAME : American Queen Steamboat
ADDRESS : 50 W. 13th Street Operating Company LLC.
CITY, ST, ZIP : Dubuque, lowa 52001 ADDRESS : 222 Pearl Street
CONTACT : Dan Kroger CITY, ST, ZIP : New Albany, IN 47150
TELEPHONE : (563) 589-4310 CONTACT : Eric Denley, Secretary
FACSIMILE : (563) 589-4391 TELEPHONE : (812)207-2621
E-MAIL : dkro er cityofdubuque.orq E-MAIL : Eric.Denley@cityexperiences.com
FACILITY RATES/CHARGES
Port of Dubuque—American Trust River's Edge No cash charge. The parties hereto agree that sole
Plaza consideration shall be the economic benefit to the
community surrounding the Facility derived from the
passengers' visit to such community.
DESCRIPTION/PURPOSE OF ACCESS/USE
The Facility will be utilized to embark and disembark passengers, to receive supplies and fuel aboard the
boat, to off-load trash for proper shore side disposal, to perform maintenance work of a minor nature, and
other such activities that are consistent with the operation of an up-scale overnight excursion vessel.
1. Basic Aqreement: In consideration of the Rates/Charges referenced in the relevant box above,
Owner hereby grants to Customer access to and the use of the Facility defined above, for the purposes
described above. The grant of access herein is on a first-come first served basis and does not constitute a
guarantee that the Facility will be available to the Customer at any particular time. Customer is encouraged
to coordinate its use of the Facility with other users.
Owner acknowledges Customer's Notice of Docking Dates, attached hereto as Exhibit A. In the event that
Customer's Docking Dates change from dates provided in Exhibit A, Customer must notify Owner in writing
of such changed dates no later than thirty (30)days from Customer's receipt of notice of changed Docking
Dates. If such thirty (30)day notice cannot be provided, Customer must notify Owner of changed Docking
Dates as soon as possible.
2. Safety and Notifications: Customer shall be responsible for ensuring that its employees,
contractors and invitees comply with applicable laws and obey any written safety rules provided by Owner.
Customer shall not intentionally interfere with other operations or create any danger or safety hazard at the
Facility. Customer shall notify Owner if it believes there are any safety or suitability problems, and in such
an event the parties agree to fully cooperate and resolve the same to their mutual satisfaction. Formal
Notices shall be addressed to the Contact defined above for each of the parties and may be given by e-
mail, facsimile, or by mail. Notices will be deemed to have been received upon the production of a relevant
receipt document.
3. Liabilitv and Indemnitv: Each party agrees to be responsible for, and indemnify and hold harmless
the other of and from (including legal fees and costs), any loss, damage, expense, claim, liability, suit, fine
and/or penalty applicable to(i)such party's employees, contractors, invitees and guests, and (ii)the owned,
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leased or chartered vessels, equipment or other personal property of such party and/or its employees,
contractors, invitees and guests, howsoever caused and regardless of fault, which in any way arises out of
or relates to the Facility or Customer's access thereto and/or use thereof. Each party agrees to waive any
immunity from suit and/or exclusivity of remedy pursuant to any workers compensation act or similar law in
furtherance of the foregoing indemnity for employee injury claims. For purposes hereof, any passenger of
Customer shall be deemed Customer's invitee/guest but only while aboard Customer's vessel, and/or while
embarking or disembarking Customer's vessel on Customer-provided equipment. With respect to all other
matters, each party agrees to be responsible for, and indemnify and hold harmless the other of and from
(including legal fees and costs), all loss, damage, expense, claim, liability and/or suit to the extent caused
by its negligence or other legal fault.
4. Insurance: Customer shall maintain during the Term of this Agreement insurance as provided in
the attached Insurance Schedule. Owner shall maintain during the Term of this Agreement Owner's
membership in the lowa Communities Assurance Pool or obtain general liability insurance with equivalent
coverage.
The parties shall exchange insurance certificates evidencing all of the foregoing insurances and conditions
upon execution of this Agreement and from time to time thereafter, as may be requested. Should a party
fail to maintain (or cause to be maintained) an insurance as required, if an insurance fails for any reason
(including without limitation due to breach of condition or warranty), and/or if an insurer refuses and/or is
unable to pay, the party required to maintain such insurance above shall be deemed a self-insurer thereof,
accept and pay all claims which would have otherwise been submitted, and indemnify and hold harmless
the other of and from (including legal fees and costs) any loss, damage, expense, claim, liability, suit, fine
and/or penalty resulting from such failure.
5. Utilities: If any utilities are available at the Facility and Customer elects to connect to and/or utilize
such utilities during its visit, Customer agrees to be responsible for and to pay any and all connection and/or
usage charges.
6. Refuse and Garbaqe Removal. Customer shall not store any refuse or garbage at the Facility for
any length of time and shall make arrangements for the prompt removal of refuse and garbage from the
Facility. If Customer fails to promptly remove refuse and garbage from the Facility, Owner reserves the
right to prohibit removal of refuse and garbage upon Customer's docking at the Facility.
7. Term of Aqreement: This Agreement shall commence upon its date of execution, shall have a term
of one year.
8. Governina Law.This Agreement shall be governed by the general maritime law of the United States
or, if no general maritime rule of law applies, then by the laws of the state of lowa.
9. Default.If Customer fails to comply with any of the provisions of this Agreement within seven (7)
days after notice of noncompliance from Owner, Owner may terminate this Agreement.
10. Entire Aqreement. This Agreement may be executed in counterparts and/or by electronic
exchange of signatures, with all such counterparts deemed the same single agreement and signatures
exchanged by electronic means deemed equivalent to original signatures. This constitutes the entire
agreement between the parties and supersedes all prior and contemporaneous agreements, written and
oral. This Agreement shall not be modified except through a writing signed by both parties.
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Dated this 20th day of June 2022
Owner Customer
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Au orized Signature Authorized Signature
Michael C. Van Milligen, City Manager Eric D. Denley, Secretary
Printed Name and Title Printed Name and Title
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John Klostermann, Public Works Director