Signed Contract_Lease Agreement with Dubuque Water Sports Club for a section of Miller Riverview ParkCity of Dubuque
City Council Meeting
Consent Items # 013.
Copyrighted
April 17, 2023
ITEM TITLE: Signed Contract(s)
SUMMARY: Lease Agreement with Dubuque Water Sports Club for a section of
Miller Riverview Park.
SUGGESTED Suggested Disposition: Receive and File
DISPOSITION:
ATTACHMENTS:
Description Type
Dubuque Water Sports Club Lease Supporting Documentation
LEASE AGREEMENT
BY AND BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
DUBUQUE WATER SPORTS CLUB
This Lease Agreement, dated for reference purposes the 3rd day of
April , 2023, 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, 2023, and terminating at 11:59 p.m. on April 30,
2024.
SECTION 2. RENT. The annual rental of Five Hundred Forty Five Dollars ($545.00)
must be paid to City on or before the Vt day of May, 2023.
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 fifty
percent (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 DUBUQUE WATER SPORTS CLUB
By: _ k�446a�' By: `�j
Mi hael C. Van Milligen President, DWSC
City Manager 131-a J
N cAj
Printed Name
Adrienne Breitfelder, City Clerk
4
EXHIBIT A
IMc
INSURANCE SCHEDULE A
City of Dubuque Insurance Requirements for Lessees of City Property and Right of Way
Licensees or Parwriltees
INSURANCE SCHEDULE A
1 _ DWS Club shall furnish a signed certificate of insurance to the City of Dubuque, Iowa for the
coverage required in Exhibit I prior to the,lease, license., or pemnt commencement. AM lessees of
City property and tight of way llcariseas w perrrdtleasshall submit en updated certiricale
annually. Each certificate shall be prepared an the most current ACORD form approved by lire
Iowa Insurance Division ar an equivalent- Each ureddcate shalt lnctude a statement under
Description of Operations as to why the certificate was iissued. lease Agreement dated
2. AN policies of insurance required hereunder shalt be with an insurer authorized to do business In
Iowa and all insurers shall have a rating of Aor beller in the current A.61. east's Rating Guide.
3. Each certificate shall be furnished to the Finance. Department of the City of Dubuque.
4. The lessee, licensee, or permibee shall be required to cony the nalnnmum wverage�YlmlLs, or
greater if required by Ian or other legal agreernerrL in Exhibu L Failure to provide the required
minimum coverage shall not be deemed a waiver of such recViraments by the City of Dubuque.
S. Failure to obtain or mairgain the required Insurance shall be considered a material breach of the
lease, license, at permil.
6. AEI required endorsements shall be attached to carifiraile.
7_ 4mlhsneveir a speaEic ISO form Is referenced the current edition of the form must be used unless
an equivalent form is approved by the Mreclor of Finance and Budget. The lessee, licensee, or
permittee must identify and list in writing all deviaturis and ernclusions from the ISC form.
9. If lessee's, licensees, or permutes limits or liabifily are higher than the required minimum limits
then the lessee's, licensee's., or permutes I mits shall be this agreement's required llrrrits.
9. Lessee, licensee. or permiltea shall require all subcontractors and sub -subcontractors to obtain
and maintain during the performance of work insurance Far the co-aerages described in this
Insurance Schedule and shall obtain cerbrlcates of insurance from all such subcordraclors and
sutrsubconlractors. Lessee, [licensee, or permiEtee agrees that it spat be Illabfe for the failure of a
subccintractw and sub-subconlracbor lc obtain and maintain suctn coverage. The City may
request a copy of such certificates from the lessen, licensee, cr permNes.
10. Lessee, license & pemritbeas shall be responsible for deductibles and self -insured retention and
for payment of all policy premiums and other costs associated with the insurance policies
required babes_
1 t_ AEI certificates of insurance must include agents name. phone number and email address.
12. The City of Dubuque reserves the right to require complete, oerlif ill copies of all required
msurarce policies, including endorsements, required by this Schedule at any tome.
13. The City of Dubuque reserves the right to modify these requirements„ Including limits, based on
changes in the risk or other special circumstances during the berm of the agreement, subject to
mutual agreement of (he parties.
Page I of 4 Schedule A Lessees at Crty Prrrpany Right of Way Licensees or Permstees April 2021
City of Dubuque Insurance Requirements for Lessees of City Property and Right of Way
Licensees or Permiltees
INSURANCE SCHEDULE A (Continued)
EXHIBIT f
A) COMMERCIAL GENERAL LIABILITY
General Aggregate Limit 52,000,000
Products-Compleled Operations Aggregate Llrrd 51,000,Dw
Personal and Advertising Injury Limit 51,000,000
Each Occurrence $1,000,000
Fire Damage Limit (any one xcunemcef 55O01xl
Medical Payments $5.000
1 } Coverage shelf be wcl0en on an occurence, nal claims made, form. The general
liability coverage shall be written in accoed with ISO farm CG 00 01 or business
owners form SP 00 02. All deviations faoml the standard ISO commercial general
liability form CG 0001, or Business movers ream BP 00 02. shall be dearly
iderrdi5ed.
2) Include ISO endorsement form CG 25 04 `Designated Loca0om(sj General
Aggregate Limit.'
3) Include endorsement indicating that ooverage is primary and rron-contribu1ory.
4) Include Preservation of Governmental Immunities Endorsement (Sample
allached).
5) Include additional bnswred enderseemenl for
The City of Dubugpie, including all] its elected and appointed officials, all its
employees and volunteers, all its boards, commissions andlor authorities and
their board rroembers, employeers and volunteers. Use ISO form CG 20 10
(Ongoing operations) or ft equivalent-
0) Policy shall include'fJaivar of Right to Recover from Others Endorsement
B) WORKERS' COMPENSATION & EMPLOYERS LIABILITY
Statutory Benefits covering all emipfoyee-s injured on the Job by accident or disease as
prescribed by Iowa Code Chapter 85.
Coverage A Sfatutory—State of bui a
Coverage B Employers Liability
Each Accident $100,000
Each Employee-0-isease $100,000
Policy Limol-Disease $500,000
Policy shall Include Waiver of Right to Recover from Others endorsemenL
Coverage 3limits shall be greater III required by the umbrallalexcess insufer.
F#-A
It, by Iowa Code Section 85.1A, the lasses, licensee, or permdtee, i5 not required to
purchase Workers' Compensation Insurance, the lessee, licensee, or permittee shall
have a copy of the Stala's Namefectfon of V4brkeus' Compensa0on or Employers' Liability
Coverage form on Me with the Iowa Insurance Commissioner, as
required by Iowa Code Section 8722. Completed form must be attached.
Page 2 of 4 Schedule A Le_aees of City Prcpemy, Right of Way Licensees or Pernierece April 2021
City of Dubuque Insurance Requirements for Lessees of City Property and Right of Way
Licensees or Permittees
INSURANCE SCHEDULE A (Continued)
C) POLLUTION LIABILITY
Coverage required: _ Yes x No
Pollution liability coverago shall be required if the lessee, contracting party, ar permetlee
has any pollution exposure for abatement at hazardous ar contaminated materials
including, but not limited to, petrefeum, products, the removal of lead, asbestos, of PCBs.
Pollution product and completed operations coverage shall also be covered..
Each occurrence S2,000,000
Policy Aggregate S4,(100,000
1) Policy to include gob site and transparlatlon coverage.
2) Include additional insured For:
The City oil Dubuque, Including all Its elected and appointed officials, all its
employees and volunteers, all its boards, commisseorts andtor authorities and
thm board members, employees and volunteers. Use ISO form CG 2010.
(Ongoing oparations) or its equivalent and CG2037(cornpleted operations ) or
its egaucalwL
3) Include Preservation of Cr verrmtenlal Immunities Endorsement.
3) Provide evidence of coverage for 5 years after completion of project
D) PROPERTY INSURANCE REQUIRED BY LEASE, LICENSE, OR PERMIT
Yes _ No
Evidence of property coverage provided: _ Yes
Include the City of Dubuque as Lender Loss Payable_
E) RIG FIT -OF -WAY WORK ONLY:
UMBRELLA+EXCESS Si,QD0,000
X Yes No
The General Liability, Auto mobile Liability and Workers Campensatim insurance
requirements may be satlsdied w ith a combination of primary and U-mbrella or Excess
Liability Insurance. OF exi Utribmila u Excess Insu ce policy does not follow the Form of
Hie primary policies„ it shad) Include the same endorsements as required of the primary
policies including Waiver of Subrogation AND Primary and Nan -contributory r favor of
the City.
F) FLOODINSURANCE
Yes X No
If Required Co�uemage S
Page 3 014 Schedule A Lessees of Caty Property, Right of Way Lrcens a or PemnUees Apr!l 2021
City of Dubuque Insurance Requirements for Lessees of City Property and Right of Way
Licensees or Permiiltass
Phase be aware that naming the City of Dubuque as an additional Insured as I-. requred by this
Insurance Schedule may result in the waiver of the City's governmental immunities praveded in Iowa Code
sac. 670.4. 11 you -h uld liike In presens those immunrties.. please use this endorsement or an equivalent
form.
PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT
1. Norneaiver of GooLmimentall Immunity. The insurer expressly agrees and states that the purchase
of this policy and the including of the City of Dubuque, Iowa as an Additional Insured does not waive any
of the defenses of governmerntah immunity available to the City of Dubuque, Iowa under Code of Iowa
Section 670.4 as it is nmv exists and as if may be amended from time to lime_
2.. Claims Coveraoe. The insurer further agrees that this policy of insurance shalt cover only those
daims not subject to the defense of gµivernmental immunity under [he Code of Iowa Sec9uon 67,9.4 as d
now exists and as it may be amended from time to time. Those claims not subject to Code of Iowa
Section GAIA shall be Hoovered by She terms and conditions of this insuran" policy.
3. Assertion ad Governmem tmmunily. The. Cdy of Dubuque.. Iowa shall be responsible for asserting
any defense of govei-nmentaii itrnmunity.. and may do so at any time and shall do so upon he timely written
request of [he insurer.
4. Nan -Dermal of Coveraoe. The insurer shall net deny coverage under this policy and the Insurer
shall not deny any of the rights and benefits accruing to the City of Dubuque, Iowa under this policy 5or
reasons of governmental immuntlty unlless and unfei a court of competent Jurisdiction has rufad in favor of
the defernse(s) of gevarnmenttal immunity asserted by the City of Dubuque, lrrw:a.
No other Change in, Policy. The abm a ,preservation of govemmenlai Immundies shall not otherwise
change or after the coverage avaihabiie under Iho policy.
SPECIMEN
(DEPARTMENT MANAGER: FILL IN ALL BLANKS AND CHECK BOXES)
Page 4 of 4 S&edule A Lessees of City Property: RgM of Way Licensees or Pern tees Aprl 2t121