Signed Contract_Lease Agreement with Dubuque Water Sports ClubCopyrighted
April 21, 2025
City of Dubuque
City Council
CONSENT ITEMS # 8.
ITEM TITLE: Signed Contract(s)
SUMMARY: Offtaker Consent and Estoppel Certificate on the assignment
of Eagle Point Energy - 1, LLC's interest in the Solar License
and Power Purchase to KMDE, LLC; Lease Agreement with
Dubuque Water Sports Club.
SUGGUESTED Receive and File
DISPOSITION:
ATTACHMENTS:
1. City of Dubuque (Offtaker) Consent and Estoppel
2. 25_04_08 Dubuque Water Sports Club Lease for Signature
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LEASE AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
DUBUQUE WATER SPORTS CLUB
This Lease Agreement, dated for reference purposes the a,�ay of ,
2025, 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, 2025, and terminating at 11:59 p.m. on April 30,
2026.
SECTION 2. RENT. The annual rental of $545.00 must be paid to City on or before the
1 st day of May, 2025.
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 Parks and Recreation Director.
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.
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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 Parks and Recreation Director, 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 Parks and Recreation Director.
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(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 Parks and Recreation Director.
(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 parks
and Recreation Director, which approval will not be unreasonably withheld. Club's water
system will be tested by City's Public Health Specialist at the request of Club or City, and
a certificate of testing will be filed with City's Parks and Recreation Director.
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 Parks and Recreation
Director and upon such terms, including appropriate additional insurance coverage, as
may be required by City's Parks and Recreation Director.
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
Parks and Recreation Director 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.
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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 for convenience upon sixty
(60) days written notice to Club.
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.
SECTION 13. GOVERNING LAW. This Agreement shall be deemed to be made in
the State of Iowa and shall in all respects be construed and governed by the laws of that
state.
SECTION 14. VENUE. In the event of litigation, venue will be in the Iowa District
Court for Dubuque County.
SECTION 15. WAIVER. The waiver of any term, condition or provision hereof shall
not be construed to be a waiver of any other such term, condition or provision, nor shall
such waiver be deemed a waiver of a subsequent breach of the same term, condition or
provision.
SECTION 16. NOTICES. All notices hereunder shall be given in writing and mailed,
postage prepaid, addressed as follows:
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To CITY: City of Dubuque, Iowa
Parks and Recreation Department
2200 Bunker Hill Rd.
Dubuque Iowa 52001
To CLUB: Dubuque Water Sports Club
P.O. Box 3377
Dubuque Iowa 52004
CITY OF DUBUQUE, IOWA DUBUQUE WATER SPORTS CLUB
By: �?
Michael C. Van Milligen
City Manager
Attest:
By:
Adrienne Breitfelder, City Clerk
5
By:
President, DWSC
O ra �a� � �✓�, u �
Printed Name
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EXHIBIT A
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EXHIBIT B
INSURANCE SCHEDULE A
1. 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
14 M.r.10s
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 AM. 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 Chief Financial Officer. The lessee, licensee, or permittee
must identify and list in writing all deviations and exclusions from the ISO form.
8. If lessees, licensees, or permittee 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 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 the agent's 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 risk or other special circumstances during the term of the agreement, subject to the
written mutual agreement attached hereto.
Page 1 of 4 Schedule A Lessees cf City Property; Right of Way Licensees or Permittees December 2024
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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 the 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 13th
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.
QS
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 Permitlees December 2024
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City of Dubuque Insurance Requirements for Lessees of City Property and Right of Way
Licensees or Permittees
Coverage form on file with the Iowa Workers' Compensation Insurance Commissioner, as
required by Iowa Code Section 87.22. Completed form must be attached.
C) POLLUTION LIABILITY
Coverage required: El Yes Jnn0
Pollution liability coverage shall be required if the lessee, contracting party, or permittee
has any pollution exposure for the abatement of hazardous or contaminated materials
including, but not limited to, petroleum products, the removal of lead, asbestos, or PCBs.
Pollution products and completed operations coverage shall also be covered.
Each occurrence $2,000,000
Policy Aggregate $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 warver of right to recovery from others endorsement.
D) PROPERTY INSURANCE REQUIRED BY LEASE, LICENSE, OR PERMIT
Yes _#^No
Amount $
Include the City of Dubuque as Lender Loss Payable.
E) RIGHT-OF-WAY WORK ONLY:
UMBRELLA/EXCESS $1,000,000
WYes F7 No
The General Liability. Automobile Liability and Employer's Liability 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
F1Yes A0
If Required Coverage $
Page 3 of 4 Schedule A Lessees of City Property; Right of Way Licensees or Permittees December 2024
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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. Nonwajver 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 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_jp_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)
Page 4 of 4 Schedule A Lessees of City Property: Right of Way Licensees or Permittees December 2024
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