Signed Contract_Usage Agreement with Clarke UniversityUSAGE AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
CLARKE UNIVERSITY
THIS USAGE AGREEMENT (the Agreement), dated for reference purposes the _
day of , 2025, is made and entered into by and between the
City of Dubuque, Iowa, a municipal corporation (City) and Clarke University (University).
SECTION 1. PREMISES AND TERM.
1.1. In consideration of the terms, covenants, conditions and agreements set forth in
this Agreement, City hereby permits University to use the Veterans' Memorial Park,
Softball Field #2, shown on Exhibit A, together with any and all easements and
appurtenances thereto and subject to any easements and restrictions of record (the
Premises), for a term of three (3) years commencing on January 1, 2025 and terminating
at 11:59 p.m. on December 31, 2027 subject to all of the terms, covenants, conditions
and agreements contained herein.
1.2. Termination. Either party may terminate this Agreement for any reason with or
without cause upon thirty (30) days written notice delivered to the other party. Upon
termination, City shall have the right to enter the Premises and to assume exclusive use
and control of the Premises. Upon termination of this Agreement, University agrees to
surrender possession of the Premises in its condition as when first permitted use, or to
restore the Premises to substantially the same condition, ordinary wear and tear
excepted.
1.3. Condition of Premises. City shall deliver and University accepts the Premises in
its "as is" condition.
SECTION 2. FEE; UTILITIES AND OTHER COSTS. University shall not be required
to pay City a fee for the use of the Premises but shall pay all costs of supplies, utilities,
fuel and any other costs and expenses associated with University's use of the Premises.
SECTION 3. IMPROVEMENTS.
3.1 University Improvements. University shall not construct any improvements on the
Premises without the prior written approval of City. City at its option and upon written
notice may require University to remove any improvements constructed by University
from the Premises at University's sole expense and University shall have ninety (90) days
after such notice or the termination of this Agreement to complete such removal. If
University fails to remove the improvements within such ninety -day period, City may
cause the improvements to be removed and University shall pay the costs of such
removal within thirty (30) days of receipt of a statement therefore from City. Any
improvement requested by University shall be at University's sole expense.
101072025bal
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3.2. Signage. University shall not place any signage on the Premises without the prior
written approval of the City Manager which approval shall be in the City Manager's sole
discretion. Signage shall only be displayed during times when University is using the
Premises.
SECTION 4. STORAGE. Storage is an issue at Veteran's Memorial Park, Softball Field
#2 acknowledged by both parties and will be addressed during the term of this Agreement
as follows:
4.1. During the softball season as outlined in Section 8.1, City will rent and provide
access to University to a bay in the Storage Facility shown on Exhibit B.
4.2. University agrees to pay City $600.00 on the first day of March, 2025, and on the
first day of March of each year of the Term as rent for the use of the Storage Facility. City
shall invoice University and provide supporting documentation for the reimbursement
request.
4.3. University agrees to insure the Storage Facility and the contents of the Storage
Facility as described in Section 9 and acknowledges City will not carry insurance on the
contents and that City will have no liability of any kind for damage to the contents.
4.4. University shall have the right to enter onto and travel across Veteran's Memorial
Park for purposes of accessing the Storage Facility. Material and equipment shall be
limited to items necessary and pertinent to operations and maintenance of a college
softball facility.
4.5. University agrees that it shall not store or process any hazardous material on the
Premises and in the Storage Facility.
SECTION 5. UTILITIES. University shall pay all utilities for the use of the Premises.
SECTION 6. REPAIRS / MAINTENANCE. University shall at all times during the term
of this Agreement, at University's own cost and expense, keep the Premises free of litter,
in good order, condition and repair, and shall repair any damage done as a result of
University's use of the Premises.
SECTION 7. COMPLIANCE WITH LAW. During the term of this Agreement, University
shall comply with all applicable laws applicable to University's use of the Premises, the
breach of which might result in any penalty on City or forfeiture of City's title to the
Premises, and including but not limited to the following:
1) During the performance of this Agreement, University, for itself, its officers and
employees, agrees to comply with the following non-discrimination statutes and
authorities; including but not limited to:
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a) Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252),
(prohibits discrimination on the basis of race, color, national origin); and 49 CFR
Part 21;
b) The Uniform Relocation Assistance and Real Property Acquisition Policies Act
of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or
whose property has been acquired because of Federal or Federal -aid programs
and projects);
c) Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits
discrimination on the basis of sex);
d) Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as
amended, (prohibits discrimination on the basis of disability); and 49 CFR Part
27;
e) The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq),
(prohibits discrimination on the basis of age);
f) Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123),
as amended, (prohibits discrimination based on race, creed, color, national
origin, or sex);
g) The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope,
coverage and applicability of Title VI of th
h) e Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504
of the Rehabilitation Act of 1973, by expanding the definition of the terms
"programs or activities" to include all of the programs or activities of the Federal -
aid recipients, sub -recipients and contractors, whether such programs or
activities are Federally funded or not);
i) Titles II and III of the Americans with Disabilities Act, which prohibit
discrimination on the basis of disability in the operation of public entities, public
and private transportation systems, places of public accommodation, and certain
testing entities (42 U.S.C. §§ 12131 - 12189) as implemented by Department of
Transportation regulations at 49 C.F.R. parts 37 and 38;
j) The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. §
47123) (prohibits discrimination on the basis of race, color, national origin, and
sex);
k) Executive Order 12898, Federal Actions to Address Environmental Justice in
Minority Populations and Low -Income Populations, winch ensures non-
discrimination against minority populations by discouraging programs, policies,
and activities with disproportionately high and adverse human health or
environmental effects on minority and low-income populations;
i) Executive Order 13166, Improving Access to Services for Persons with Limited
English Proficiency, and resulting agency guidance, national origin
discrimination includes discrimination because of limited English proficiency
(LEP). To ensure compliance with Title VI, you must take reasonable steps to
ensure that LEP persons have meaningful access to your programs (70 Fed.
Reg. at 74087 to 74100);
Title IX of the Education Amendments of 1972, as amended, which prohibits you from
discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).
Page 244 of 721
SECTION 8. USE OF LICENSED PREMISES.
8.1. University agrees that during the term of this Agreement, the use of the Premises
shall be exclusively for University softball games and practices. University shall observe
the following conditions:
1) All games and practices shall be scheduled through City's Leisure Services
Department.
i. Use will be from March 1st through May 15th in the spring, and
September 1st through October 15th in the fall.
2) University's usage may not be exclusive.
SECTION 9. INSURANCE.
9.1. University shall at all times during the term of this Agreement maintain insurance
as set forth in the City's standard Insurance Schedule A for Lessees of City Property, as
such uniform, standardized schedule may from time to time be amended. The current
Insurance Schedule A is included with this Agreement.
9.2 University shall insure its personal property in the Storage Facility for the full
replacement value of such property.
9.2. University shall deliver to City promptly after the execution and delivery of this
Agreement the original or duplicate policies or certificates of insurers satisfactory to City
evidencing all the insurance which is then required to be maintained by University
hereunder, and University shall, within thirty (30) days prior to the expiration of any such
insurance, deliver other original or duplicate policies or other certificates of the insurers
evidencing the renewal of such insurance.
SECTION 10. INDEMNIFICATION.
10.1. Indemnification of City. Except as otherwise provided herein, University shall
protect, indemnify, and save harmless City, its officers, and employees (the "Indemnified
Parties"), from and against all liabilities, obligations, claims, damages, penalties, causes
of action, costs and expenses (including, without limitation, reasonable attorneys' fees
and expenses) imposed upon or incurred by or asserted against the Indemnified Parties
by reason of (a) any accident, injury to, or death of persons or loss of or damage to
property occurring on or about the Premises during the term of this Agreement and
resulting from any act or omission of University or anyone claiming by, through, or under
University during the term of the Agreement; and (b) any failure on the part of University
to perform or comply with any of the terms of this Agreement. In case any action, suit, or
proceeding is brought against the Indemnified Parties by reason of such occurrence,
University will, at University's expense, resist and defend such action, suit, or proceeding.
10.2. Indemnification of University. Except as otherwise provided herein, City shall
protect, indemnify, and save harmless University from and against all liabilities,
Page 245 of 721
obligations, claims, damages, penalties, causes of action, costs and expenses (including,
without limitation, reasonable attorneys' fees and expenses) imposed upon or incurred by
or asserted against the Indemnified Parties by reason of (a) any accident, injury to, or
death of persons or loss of or damage to property occurring on or about the Premises
during the term of this Agreement and resulting from any act or omission of City or anyone
claiming by, through, or under City during the term of the Agreement; and (b) any failure
on the part of City to perform or comply with any of the terms of this Agreement. In case
any action, suit, or proceeding is brought against the University by reason of such
occurrence, City will, at City's expense, resist and defend such action, suit, or proceeding.
SECTION 11. ASSIGNMENT AND SUBLETTING. University shall not assign or
transfer this Agreement without the prior written consent of City.
SECTION 12. NOTICES.
12.1. All notices, demands, or other writings in this Agreement provided to be given or
made or sent, or which may be given or made or sent, by either party to the other, shall
be deemed to have been fully given or made or sent when made in writing and deposited
in the United States mail, registered and postage prepaid, and addressed as follows:
TO CITY: City Manager
City of Dubuque, Iowa
50 West 13th Street
Dubuque, Iowa 52001
TO UNIVERSITY: CLARKE UNIVERSITY
1550 Clarke Drive
Dubuque, IA 52001
12.2. The address to which any notice, demand, or other writing may be given or made
or sent to any party as above provided may be changed by written notice given by the
party as above provided.
CITY OF DUBUQUE, IOWA CLARKE UNIVERSITY
By:,, By.
Mic ael C. Van Milligen, City Manager
Elizabeth McGrath, VP for Business &
Finance
Printed Name and Title
Attest:
aeAa_�_e_
Adrienne Breitfelder, City Clerk
Page 246 of 721
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Page 248 of 721
City of Dubuque Insurance Requirements for Lessees of City Property and Right of Way
Licensees or Permittees
INSURANCE SCHEDULE A
Lessee 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 permit commencement. All lessees of
City property and right of way licensees or permittees shall submit an updated certificate
annually. Each certificate shall be prepared on the most current ACORD form approved by the
Iowa Insurance Division or an equivalent. Each certificate shall include a statement under
Description of Operations as to why the certificate was issued. Lease Agreement dated
2. All policies of insurance required hereunder shall be with an insurer authorized to do business in
Iowa and all insurers shall have a rating of A or better in the current A.M. Best's Rating Guide.
3. Each certificate shall be furnished to the Finance Department of the City of Dubuque.
4. The lessee, licensee, or permittee shall be required to carry the minimum coverage/limits, or
greater if required by law or other legal agreement, in Exhibit I. Failure to provide the required
minimum coverage shall not be deemed a waiver of such requirements by the City of Dubuque.
5. Failure to obtain or maintain the required insurance shall be considered a material breach of the
lease, license, or permit.
6. All required endorsements shall be attached to the certificate. The certificate is due before the
contract/agreement can be approved.
7. Whenever a specific ISO form is referenced the current edition of the form must be used unless
an equivalent form is approved by the Director of Finance and Budget. The lessee, licensee, or
permittee must identify and list in writing all deviations and exclusions from the ISO form.
8. If lessee's, licensee's, or permittee's limits of liability are higher than the required minimum limits
then the lessee's, licensee's, or permittee's limits shall be this agreement's required limits.
9. Lessee, licensee, or permittee shall require all subcontractors and sub -subcontractors to obtain
and maintain during the performance of work insurance for the coverages described in this
Insurance Schedule and shall obtain certificates of insurance from all such subcontractors and
sub -subcontractors. Lessee, licensee, or permittee agrees that it shall be liable for the failure of a
subcontractor and sub -subcontractor to obtain and maintain such coverage. The City may
request a copy of such certificates from the lessee, licensee, or permittee.
10. Lessee, license & permittees 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 below.
11. All certificates of insurance must include agents name, phone number and email address.
12. The City of Dubuque reserves the right to require complete, certified copies of all required
insurance policies, including endorsements, required by this Schedule at any time.
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 term of the agreement, subject to
mutual agreement of the parties.
Page 1 of 4 Schedule A Lessees of City Property; Right of Way Licensees or Permittees January 2023
Page 249 of 721
City of Dubuque Insurance Requirements for Lessees of City Property and Right of Way
Licensees or Permittees
INSURANCE SCHEDULE A (Continued)
EXHIBIT I
A) COMMERCIAL GENERAL LIABILITY
General Aggregate Limit $2,000,000
Products -Completed Operations Aggregate Limit $1,000,000
Personal and Advertising Injury Limit $1,000,000
Each Occurrence $1,000,000
Fire Damage Limit (any one occurrence) $50,000
Medical Payments $5,000
1) Coverage shall be written on an occurrence, not claims made, form. The general
liability coverage shall be written in accord with ISO form CG 00 01 or business
owners form BP 00 02. All deviations from the standard ISO commercial general
liability form CG 0001, or Business owners form BP 00 02, shall be clearly
identified.
2) Include ISO endorsement form CG 25 04 "Designated Location(s) General
Aggregate Limit."
3) Include endorsement indicating that coverage is primary and non-contributory.
4) Include Preservation of Governmental Immunities Endorsement (Sample
attached).
5) Include additional insured endorsement for:
The City of Dubuque, including all its elected and appointed officials, all its
employees and volunteers, all its boards, commissions and/or authorities and
their board members, employees and volunteers. Use ISO form CG 20 10
(Ongoing operations) or its equivalent.
6) Policy shall include Waiver of Right to Recover from Others Endorsement.
7) Policy shall include cancellation and material change endorsement providing
thirty (30) days advance written notice of cancellation, non -renewal, reduction in
insurance coverage and/or limits and ten (10) days written notice of non-payment
of premium shall be sent to: City of Dubuque Finance Department, 50 West 131n
Street Dubuque, Iowa 52001
B) WORKERS' COMPENSATION & EMPLOYERS LIABILITY
Statutory Benefits covering all employees injured on the job by accident or disease as
prescribed by Iowa Code Chapter 85.
Coverage A Statutory —State of Iowa
Coverage B Employers Liability
Each Accident $100,000
Each Employee -Disease $100,000
Policy Limit -Disease $500,000
Policy shall include Waiver of Right to Recover from Others endorsement.
Coverage B limits shall be greater if required by the umbrella/excess insurer
OR
If, by Iowa Code Section 85.1A, the lessee, licensee, or permittee is not required to
purchase Workers' Compensation Insurance, the lessee, licensee, or permittee shall
have a copy of the State's Nonelection of Workers' Compensation or Employers' Liability
Page 2 of 4 Schedule A Lessees of City Property; Right of Way Licensees or Permittees January 2023
Page 250 of 721
City of Dubuque Insurance Requirements for Lessees of City Property and Right of Way
Licensees or Permittees
C)
D)
E)
Coverage form on file with the Iowa Workers' Compensation Insurance Commissioner, as
required by Iowa Code Section 87.22. Completed form must be attached.
POLLUTION LIABILITY
Coverage required: —Yes _ No
Pollution liability coverage shall be required if the lessee, contracting party, or permittee
has any pollution exposure for abatement of hazardous or contaminated materials
including, but not limited to, petroleum products, the removal of lead, asbestos, or PCBs.
Pollution product and completed operations coverage shall also be covered.
Each occurrence
Policy Aggregate
$2,000,000
$4,000,000
1) Policy to include job site and transportation coverage.
2) Include additional insured for:
The City of Dubuque, including all its elected and appointed officials, all its
employees and volunteers, all its boards, commissions and/or authorities and
their board members, employees and volunteers. Use ISO form CG 2010.
(Ongoing operations) or its equivalent and CG2037(completed operations) or
its equivalent.
3) Include Preservation of Governmental Immunities Endorsement.
4) Provide evidence of coverage for 5 years after completion of project.
5) Include endorsement indicating that coverage is primary and non-contributory.
6) Policy shall include waiver of right to recovery from others endorsement.
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.
RIGHT-OF-WAY WORK ONLY:
UMBRELLA/EXCESS
Yes No
$1, 000,000
The General Liability, Automobile Liability and Workers Compensation insurance
requirements may be satisfied with a combination of primary and Umbrella or Excess
Liability Insurance. If the Umbrella or Excess Insurance policy does not follow the form of
the primary policies, it shall include the same endorsements as required of the primary
policies including but not limited to Waiver of Subrogation AND Primary and Non-
contributory in favor of the City.
F) FLOOD INSURANCE
Yes _ No
If Required Coverage
Page 3 of 4 Schedule A Lessees of City Property; Right of Way Licensees or Permittees January 2023
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City of Dubuque Insurance Requirements for Lessees of City Property and Right of Way
Licensees or Permittees
Please be aware that naming the City of Dubuque as an additional insured as is required by this
Insurance Schedule may result in the waiver of the City's governmental immunities provided in Iowa Code
sec. 670.4. If you would like to preserve those immunities, please use this endorsement or an equivalent
form.
PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT
1. Nonwaiver of Governmental 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 governmental immunity available to the City of Dubuque, Iowa under Code of Iowa
Section 670.4 as it is now exists and as it may be amended from time to time.
2. Claims Coverage. The insurer further agrees that this policy of insurance shall cover only those
claims not subject to the defense of governmental immunity under the Code of Iowa Section 670.4 as it
now exists and as it may be amended from time to time. Those claims not subject to Code of Iowa
Section 670.4 shall be covered by the terms and conditions of this insurance policy.
3. Assertion of Government Immunity. The City of Dubuque, Iowa shall be responsible for asserting
any defense of governmental immunity, and may do so at any time and shall do so upon the timely written
request of the insurer.
4. Non -Denial of Coverage. The insurer shall not 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 for
reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of
the defense(s) of governmental immunity asserted by the City of Dubuque, Iowa.
No Other Change in Policy. The above preservation of governmental immunities shall not otherwise
change or alter the coverage available under the policy.
SPECIMEN
(DEPARTMENT MANAGER: FILL IN ALL BLANKS AND CHECK BOXES)
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