IA Natl Guard for FDR ParkMEMORANDUM
September 10, 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 recommending approval of 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: Barry 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
SUBJECT:
September 10, 2001
Iowa National Guard Training at the Former Roosevelt Park
INTRODUCTION
The purpose of this memorandum is to ask the City Council to approve 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 be limited to
troop maneuver with only blank ammunition used.
ACTION STEP
The action requested is that the City Council adopt the attached resolution approving
entering into a usage agreement with the iowa National Guard.
GDS:jlr
attachment
RESOLUTION NO. 415-01
RESOLUTION APPROVING A USAGE AGREEMENT WITH THE IOWA
NATIONAL GUARD FOR THE FORMER ROOSEVELT PARK
Whereas, published notice of date, time, and place of a public hearing, published
in the Telegraph Herald, a newspaper of general circulation published in the City of
Dubuque, Iowa, on the 7th day of September, 2001, the City Council of the City of
Dubuque, Iowa, met on the 17th day of September, 2001, at 6:30 p.m., in the Public
Library auditorium, Eleventh and Locust Streets, Dubuque, Iowa, to consider the lease
of certain real property as set forth in the Usage Agreement between the City of
Dubuque and the Iowa National Guard, a copy of which is attached hereto and
incorporated herein by reference; and
Whereas, the City Council of the City of Dubuque, Iowa, overruled any and all
objections, oral or written, to the lease agreement;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. The Usage Agreement between the City of Dubuque and the Iowa
National Guard, a copy of which is attached hereto, is hereby approved.
Section 2. The Mayor is authorized and directed to execute the Lease
Agreement on behalf of the City of Dubuque.
Passed, approved and adopted this 17th day of September, 2001.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider
City Clerk
PK
AGREEMENT
1. NATURE OF THIS AGREEMENT: This is an Agreement for the use of real property,
referred to as the "real estate", located at Roosevelt Park, Dubuque, Iowa, andshown 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. Ail 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 ente,red. 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 ~-itunderstands 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 al ~"-~-+- ..
so agree that ....... ~ !~-"~!!c-~b]e) Not
applicable.
4. TERM OF AGREEMENT: The GUARD shall have the right to occupy the real estate and
make use of the real estate for such periode of training 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 shall 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 perm/ss/on 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 tha.n 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 seat 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 o[ 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
:'1