Natl Guard at Roosevelt ParkMEMORANDUM
August 29, 2001
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council Members
Michael C. Van Milligen, City Manager
Iowa National Guard Training at the Former Roosevelt Park
Leisure Services Manager Gil Spence is requesting that a public hearing be set for
September 17, 2001, to consider a usage agreement with the Iowa National Guard
allowing the Guard to do training at the former Roosevelt Park.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barn/Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Gil D. Spence, Leisure Services Manager
CITY OF DUBUQUE, IOWA
MEMORANDUM
TO: Michael C. Van Milligen, City Manager
FROM: Gil D. Spence, Leisure Services Manager
August 28, 2001
SUBJECT: Iowa National Guard Training at the Former Roosevelt Park
INTRODUCTION
The purpose of this memorandum is to ask the City Council to set a public hearing on
September 17, 2001, for a usage agreement with the Iowa National Guard allowing the
Guard to do training at the former Roosevelt Park.
DISCUSSION
The Iowa National Guard is looking for a training site near their headquarters on
Radford Road. The former Roosevelt Park property fits their need very well.
An agreement developed by the Guard and Corporation Counsel Barry Lindahl is
attached. It is a one-year agreement that automatically renews, unless one party
terminates it. This term allows us the flexibility we need to allow for future
development.
The Guard assures me they will not interfere with the Model Airplane Club, farm
operation, or the Storybook Hill Children's Zoo. Their weekend training will not bother
the neighbors either.
ACTION STEP
The action requested is that the City Council adopt the attached resolution setting a
public hearing for September 17, 2001, to consider entering into a usage agreement
with the Iowa National Guard.
GDS:et
attachment
Prepared by: Leisure Services
Address: 2200 Bunker Hill Rd
Phone: 589-4263
RESOLUTION NO.391-01
RESOLUTION DECLARING CITY COUNCIL INTENT TO ENTER INTO AN
AGREEMENT WITH THE iOWA NATIONAL GUARD FOR A SECTION OF
THE FORMER ROOSEVELT PARK, AND AUTHORIZING PUBLIC HEARING
WHEREAS, the City of Dubuque is the owner of a public facility formerly known as
Roosevelt Park; and
WHEREAS, the City of Dubuque desires to allow a section of the former Roosevelt
Park to be used as a training site by the Iowa National Guard; and
WHEREAS, the usage agreement for a section of the former Roosevelt Park to the
Iowa National Guard, is determined to be in the public interest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That it is the intent of the City Council of the City of Dubuque, Iowa, to
enter an agreement, after a public headng, with the Iowa National Guard, for a section of
the former Roosevelt Park, located in the City of Dubuque, for the purpose of conducting
training.
Section 2. That the agreement, attached hereto and made a part hereof, of such
property shall be for one year, automatically renewed unless terminated, and shall be
subject to such terms and conditions as set forth in the lease.
Section 3. That the City Clerk is hereby directed to give notice in the manner
required by law of a public hearing to be held on September 17, 2001, at 6:30 p.m. in the
City Council Chambers, Carnegie-Stout Public Library, Dubuque, Iowa, at which time and
place all interested parties will be given opportunity to be heard for or against the proposal
to lease the facility herein described.
Passed, approved and adopted this 4th day of September, 2001.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
AGREEMENT
1. NATURE OF THIS AGREEMENT: This is an Agreement for the use of real property,
referred to as the "real estate", Iocated at Roosevelt Park, Dubuque, iowa, and shown in
exhibit A attached hereto.
2. PARTIES TO THIS AGREEMENT: In this Agreement the Iowa National Guard shall be
referred to as the "GUARD" and the City of Dubuque, Iowa, the owner of the land, shall be
referred to as the "LANDLORD".
3. The GUARD and the LANDLORD also agree to the following:
a. The GUARD's use of the real estate described in this Agreement shall be limited
to: training by GUARD personnel and units of the Iowa National Guard; and entry and exit
from the real estate;
b. The GUARD's use of the real estate shall be exclusive; that is, during those time
periods when the GUARD is using the real estate, the LANDLORD shall not give permission
to any other person or entity -to enter the real estate without prior coordination with the
training area commander. The GUARD shall make use of the real estate during those times
required for the mission during training periods and at such other times as may be agreed by
the GUARD, through its training area commander, and the LANDLORD.
c. The GUARD may construct such facilities as may be required for the training
mission. All structures provided by the GUARD will remain the property of the GUARD and
upon termination of this Agreement will be removed and the real estate will be restored by
the GUARD to a condition similar to the condition of the real estate before this Agreement
was entered. The GUARD retains the right, with the concurrence of the LANDLORD, to
abandon any structures built by the GUARD. In the event of such abandonment, such
structures will become the property of the LANDLORD, although the LANDLORD will owe
the GUARD no compensation for those structures.
d. During its occupancy of the real estate, the GUARD will abide by standard
operating procedures and/or pertinent polices and/or controlling regulations pertaining to
operations and training of the Iowa National Guard. The GUARD, acting through its
designated training area commander, will, as needed., -publish appropriate regulations and
orders to ensure the protection of fences, buildings and other facilities, livestock, crops,
equipment, and supplies owned or maintained by the LANDLORD and to provide every
possible protection against damage to LANDLORD's property. LANDLORD agrees, however,
that ho it~understands the nature of military operations and, despite the best efforts of the
GUARD, some damage may occur to LANDLORD's real estate and property.
e. Access roads or trails within the real estate may be created by the GUARD only
after agreement, in writing, is signed by the parties, -that is, the GUARD, through its training
area commander and the LANDLORD.
f; The GUARD and the LANDLORD also agree that ............. ~ ........ Not
applicable.
4. TERM OF AGREEMENT: The GUARD shall have the right to occupy the real estate and
make use of the rea[ estate for such per/ods of tta/ning as the GUARD deems appropriate
and upon 30 days written notice to the LANDLORD; for the term beginning 01 October
Iowa ARNG Form 350-44, Agreement
2001, and ending 30 September 2002, and automatically from year-to-year thereafter,
unless a party shaII give the other notice of termination, in writing, as specified in paragraph
6 below.
5. RELEASE, INDEMNITY, HOLD HARMLESS:
a. In regard to persons who enter the real estate with the express permission of the
LANDLORD, the LANDLORD shall defend, indemnify and hold harmless the GUARD against
any and all claims, demands, suits, or losses, which result from the GUARD'S use of the real
estate.
b. In regard to persons who enter the real estate other than with the express
permission of the LANDLORD, the GUARD, in accordance with the Federal Tort Claims Act,
28 U.S.C: sections 2671 through 2680 or Article VII, Section 1 of the Iowa Constitution
and the State Tort Claims Act, Iowa Code chapter 669, shall defend, indemnify, and hold
harmless the LANDLORD against any and all claims, demands, suits, or losses, which result
from the GUARD'S use of the real estate.
6. TERMINATION: This Agreement may be terminated on the annual reneWal date by either
the GUARD or the LANDLORD by providing the other party at least sixty (60) days written
notice, via certified, return-receipt-requested United States Mail.
7. On or before the date of expiration of this Agreement, as described in paragraph 4 above,
the GUARD shall vacate the real estate, remove all GUARD structures and property, and
restore the real estate to a condition similar to the condition of the real estate before this
Agreement was enter, ed.
8. The GUARD hereby designates LTC David E. Lindberg as the training area commander
and as the representative of the GUARD for the purposes of this Agreement.
9. This Agreement shall become binding and effective upon approval by the State of Iowa
Armory Board.
DATED THIS __ DAY OF , 20__.
LTC David E. Lindberg (name)
Commander, 1/133 infantry Battalion (title)
3106 Airport Blvd. (address)
Waterloo, IA 50703-9692
Iowa ARNG Form 350-44, Agreement
STATE OF IOWA )
)
COUNTY OF DUBUQUE ) ss.
On this day of ,2001 before me, the undersigned, a Notary Public in and for
the State of Iowa, personally appeared , to me personally
known, and, who, being by me duly sworn, did say that (he/she) is the
of the CITY OF DUBUQUE, IOWA; that the seal affixed to the foregoing instrument is the
corporate seal of the corporation, and that the instrument was signed and sealed on behalf
of the corporation, by authority of its City Council, and that
acknowledged the execution of the instrument to be (his/her) voluntary act and deed and the
voluntary act and deed of the corporation by it voluntarily executed
Notary Public in and for the State of Iowa
STATE OF IOWA
COUNTY OF POLK
)
)
) ss.
On this day of , 2001, before me, a Notary Public in and for the State of
Iowa, personally appeared LTC David E. Lindberg, to me personally known, and being by me
duly sworn, did voluntarily execute the instrument on behalf of the Iowa National Guard and
acknowledged the execution of said instrument to be the voluntary act and deed of the Iowa
National Guard by it voluntarily executed.
Notary Public
Iowa ARNG Form 350-44, Agreement
TO: State Quartermaster
Recommend approval/disapproval.
(Date)
Plans
Deputy Chief of Staff for Operations and
TO: AGIA-DCSOPS
Approved/disapproved.
FOR THE ADJUTANT GENERAL
ARMORY BOARD:
(Date)
State Quartermaster
Iowa ARNG Form 350-44, Agreement