Usage Agreement with Loras College for Petrakis FieldCopyrighted
March 2, 2026
City of Dubuque CONSENT ITEMS # 11.
City Council
ITEM TITLE: Usage Agreement with Loras College for Petrakis Field
SUMMARY: City Manager recommending City Council approval of the
Usage Agreement with Loras College for Petrakis Field for a
term of three years.
SUGGUESTED Receive and File; Approve
DISPOSITION:
ATTACHMENTS:
1. MVM Memo Usage Agreement with Loras College for Petrakis Field
2. Staff Memo Approval Agreement with Loras - Petrakis Field Use 2-20-26
3. Loras Signed 2.5.26
Page 224 of 939
THE CITY OF
DUBE
Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Usage Agreement with Loras College for Petrakis Field
DATE: February 23, 2026
Dubuque
AI WIN av
2007-2012.2013
2017*2019
Parks and Recreation Director Matthew Kalcevich is recommending City Council
approval of the Usage Agreement with Loras College for Petrakis Field for a term of
three years.
Both the City and non-Loras users have benefitted from the improvements made to the
field. Those improvements were made with Loras paying all the costs of those
improvements. In the last several years, Loras has spent over $100,000 on facility
improvements including the scoreboard replacement, infield resurfacing, dugout,
bullpen renovation and pitcher's mound reconstruction. Future improvements could
include a backstop replacement, irrigation, and additional turf repair.
The current/original agreement includes:
• Three-year agreement, no fee
• Loras will pay all costs of supplies, utilities, fuel and any other cost associated with
their use of the field.
• Any improvements they would like to the field will be made at their sole expense.
• Loras will prepare the field for their play and maintain the area around the field.
• Loras will not have exclusive use but will be given scheduling priority. Their use will
not conflict with our scheduled use.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
k��
Mic ael C. Van Milligen
MCVM:sv
Attachment
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Matthew Kalcevich, Parks and Recreation Director
Dan Kroger, Recreation Division Manager
Page 225 of 939
THE CF
DUt�B_
E
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: Matthew K. Kalcevich, Parks & Recreation Director
SUBJECT: Usage Agreement with Loras College for Petrakis Field
DATE: February 20, 2026
INTRODUCTION
Dubuque
All-Weriea city
11[lly\L<TT:I IH l 1
2007-2012.2013
2017*2019
The purpose of this memorandum is to request approval of the Usage Agreement with
Loras College for Petrakis Field for a term of three years.
BACKGROUND
Loras College has had a formal usage agreement with the City for their baseball teams'
use of Petrakis Field in the McAleece Sports Complex for well over 15 years. Loras has
proved to be a valued partner with Parks and Recreation Department.
Both the City and non-Loras users have benefitted from the improvements made to the
field. Those improvements were made with Loras paying all the costs of those
improvements. In the last several years, Loras has spent over $100,000 on facility
improvements including the scoreboard replacement, infield resurfacing, dugout,
bullpen renovation and pitcher's mound reconstruction. Future improvements could
include a backstop replacement, irrigation, and additional turf repair.
Some history on the Parks and Recreation department's relationship with the local
colleges may be helpful.
COLLEGES: Loras College, Clarke University, and the University of Dubuque all
use some of our facilities and we use some of their facilities for our programs. We do
not charge each other any rental fees for this use. The following facilities are (or
have been) used by the colleges:
Loras College: Petrakis Field (baseball field), Veterans' Memorial Park
softball fields for intramurals, and the practice area at the golf course for their
All Sports Camp.
■ University of Dubuque: Bunker Hill Golf Course for a practice course for the
golf team, Flora Park volleyball and pickleball courts, and Veterans' Memorial
Park softball fields for intramurals.
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Clarke University: Bunker Hill Golf Course for a practice course for the golf
team, Veterans' Memorial Park softball field as their home field (per a use
agreement).
The City in turn uses Loras and Clarke as back-up locations for our basketball and
volleyball programs, the Loras pool for guard training in the winter, and the Loras Field
House for our post -season basketball tournament.
DISCUSSION
Loras uses the field as a practice and game site. Their main season is in the spring,
ending mid -May before the College dismisses. They practice in the fall from early
September to late October. These dates do not conflict with other users. In 2025, there
were 58 days of scheduled use on Petrakis by other programs including local high
schools and adult semi -pro baseball teams.
Priority scheduling of the field usage is given to Loras until mid -May when their season
is completely over. All other users are scheduled as the field is available. Program
Supervisor, Brian Feldott works directly with Loras to meet their needs in scheduling. In
addition to the 23 games that Loras plays on Petrakis, they practice on the field around
30 times per year.
The current/original agreement includes:
• Three-year agreement, no fee
• Loras will pay all costs of supplies, utilities, fuel and any other cost associated with
their use of the field.
• Any improvements they would like to the field will be made at their sole expense.
• Loras will prepare the field for their play and maintain the area around the field.
• Loras will not have exclusive use but will be given scheduling priority. Their use will
not conflict with our scheduled use.
Staff did provide the contract to the City Attorney's Office for review prior to forwarding
on to Loras. City Attorney Brumwell did make a few minor changes to the language and
approved the agreement with those changes.
RECOMMENDATION
I respectfully request City Council approval of the Usage Agreement with Loras College
for Petrakis Field for a term of three years.
Prepared By: Recreation Division Manager, Dan Kroger
Cc: Crenna Brumwell, City Attorney
1►51
Page 227 of 939
USAGE AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
LORAS COLLEGE
MI THIS USAGE AGREEMENT (the "Agreement") dated for reference purposes the
`x day of (rarL- I-) , 2026, is made and entered into between the City of
Dubuque, Iowa, a municipal corporation (the "City") and Loras College (the "College")
(each a "Party" and collectively, the "Parties").
SECTION 1. PREMISES AND TERM.
1.1. In consideration of the terms, covenants, conditions and agreements set forth in
this Agreement, City hereby permits College to use the baseball field located at 1800
Admiral Sheehy Drive, Dubuque, IA 52002 (the "Petrakis Field"), 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, 2026,
and terminating at 11:59 p.m. on December 31, 2028, 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 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, College 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 College shall accept, the Premises
in its "as is" condition.
SECTION 2. FEE; UTILITIES AND OTHER COSTS. College 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 College's use of the Premises.
SECTION 3. IMPROVEMENTS.
3.1 University Improvements. College 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 College to remove any improvements constructed by College from the
Premises at College's sole expense and College shall have ninety (90) days after such
notice or the termination of this Agreement to complete such removal. If College fails to
remove the improvements within such ninety (90)day period, City may cause the
improvements to be removed and College shall pay the costs of such removal within thirty
(30) days of receipt of a statement therefore from City. Any improvement requested by
College shall be at College's sole expense. College shall consider sharing the cost of
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improvements made to the Premises to benefit all users.
3.2. Signage. College 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. If approved, signage shall only be displayed during times when College is
using the premises listed in Section 8.1.2 of this agreement.
College will work with City staff on the signage College intends to place. College and City
will work to ensure that all signage is visably pleasing and represents both Loras Athletics
and City ownership.
SECTION 4. STORAGE. Storage will be addressed during the term of this Agreement
as follows:
4.1. During the baseball season as outlined in Section 8.1, City will provide access to
College to a secured garage on the Premises.
4.3. College agrees to insure the contents of the secured garage as outlined in Section
9 and acknowledges City will not carry insurance on the contents.
4.4. College shall have the right to enter onto and travel across the Property for
purposes of storing material. Material and equipment shall be limited to items reasonably
necessary and pertinent to operations and maintenance of a college baseball facility.
4.5. College agrees that is shall not store or process any hazardous material on the
Property.
SECTION 5. UTILITIES. College shall pay all common utilities associated with its use
of the Premises.
5.1 WIFI. College shall pay half of the annual cost for wifi service to the site (if
applicable).
SECTION 6. REPAIRS 1 MAINTENANCE. College shall at all times during the term of
this Agreement, at College '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
College's use of the Premises. College shall not use any equipment nor materials owned
byCity without a prior written approval of City's Recreation Division Manager or Park
Division Manager.
SECTION 7. COMPLIANCE WITH LAW. During the term of this Agreement, College
shall comply with all applicable laws applicable to College '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.
SECTION 8. USE OF LICENSED PREMISES.
2
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8.1. College agrees that during the term of this Agreement, the use of the Premises
shall be exclusively for College baseball games and practices. College shall observe the
following conditions:
1) All games and practices shall be scheduled through City's Leisure Services
Department.
2) Use will be from March 1 st through May 31 st in the spring, and August 1 st
through October 31 st in the fall.
3) College's usage may not be exclusive. College shall have priority over other
users.
SECTION 9. INSURANCE.
9.1. College shall at all times during the term of this Agreement maintain insurance as
set forth in the City's standard Insurance Schedule for Lessees of City Property, as such
uniform, standardized schedule may from time to time be amended. The current
Insurance Schedule is attached to this Agreement.
9.2. College 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 College
hereunder, and College 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, College 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 College or anyone claiming by, through, or under
College during the term of the Agreement; and (b) any failure on the part of College 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,
College will, at College's expense, resist and defend such action, suit, or proceeding.
10.2. Indemnification of College. Except as otherwise provided herein, City shall
protect, indemnify, and save harmless College, it's officers and employees from and
against all liabilities, obligations, claims, damages, penalties, causes of action, costs, and
3
Page 230 of 939
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
College by reason of such occurrence, City will, at City's expense, resist and defend such
action, suit, or proceeding.
SECTION 11. ASSIGNMENT AND SUBLETTING. College 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: Loras College
1540 Alta Vista Street
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
Attest:
Adrienne Breitfelder, City Clerk
n
LORAS COLLEG
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By: ..%
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Printed Name and Title
F:\Users\tsteckle\Lindahl\Agreements\Clarke Agreement 17 with Pod language_012320.docx
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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 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 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
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.
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 December 2024
Page 235 of 939
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: 0 Yes 0 No
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 waiver 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
[] Yes 0 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
EJ Yes 0 No
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. 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 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)
Page 4 of 4 Schedule A Lessees of City Property; Right of Way Licensees or Permittees December 2024
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