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Tri-State Modelers Lease Agreement 2001CITY OF DUBUQUE, IOWA MEMORANDUM January 31, 2001 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Lease Agreement with Tri-State Modelers Leisure Services Manager Cril Spence is recommending execution of a three-year lease agreement with Tri-State Modelers for use of a section of Roosevelt Park. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milllgen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Tim Moerman, Assistant City Manager Gil D. Spence, Leisure Services Manager CITY OF DUBUQUE, IOWA MEMORANDUM Januaw 29,2001 TO: Michael C. Van Milligen, City Manager FROM: Gil D. Spence, Leisure Services Manage~i~ SUBJECT: Lease agreement with Tri-state Modelers INTRODUCTION The purpose of this memorandum is to recommend that the City Council aPprove the attached lease agreement with the Tri-state Modelers for a section of the former Roosevelt Park and that the Mayor be authorized to sign it. DISCUSSION The Tri-state Modelers have used this section of the former Roosevelt Park for a number of years and have had a formal lease agreement for the last few years. A three-year agreement is recommended at this time to allow for the Park Study to be completed that is budgeted in FY 2001. I would anticipate a long term agreement being recommended at that time unless the design recommendation impacts the landing strip. It does not appear that the Southwest Arterial will impact this area of the property. Over the years, the Tri-state Modelers have been a good group to work with. They have a quality operation and provide a good service to the community. This property is a good location for their activity because they are removed from any neighbors and do not bother anyone. They have invested a fair amount of money, time and effort into the landing strip and take great pdde in their club. RECOMMENDATION I recommend this lease agreement with the Tri-state Modelers be approved by the City Council. ACTION STEP The action step is for the City Council to approve the lease agreement with the Tri-state Modelers and the Mayor be authorized to sign it. GDS:et attachment LEASE AGREEMENT THIS LEASE AGREEMENT is entered into on the 5th day of February, 2001, by and between the City of Dubuque, Iowa, hereinafter referred to as the "City", whose address for the purpose of this Lease is 2200 Bunker Hill Road, Dubuque, Iowa, and Tri-state Modelers hereinafter referred to as the "Club", whose address for the purpose of this Lease is 1695 Mt. Pleasant Street, Dubuque, Iowa, 52001. WITNESSETH: WHEREAS, the City is the owner of a public facility known, called and named Franklin D. Roosevelt Park, hereinafter called the "Park"; and WHEREAS, the Club desires to lease a section of the Park, shown on Exhibit A, from the City to fly remote controlled model airplanes; and WHEREAS, it is deemed to be in the best interest of both parties to this agreement and to the public in general that the Club lease this area. NOW, THEREFORE, the parties hereto have mutually agreed as follows: Section 1, TERM OF LEASE AGREEMENT. This Lease Agreement shall be for a term of three (3) years, from May 1, 2001, through April 30, 2004. Section 2, RENT. The annual rental of $300.00 shall be paid to the City on or before the 1 st day of May, 2001, 2002 and 2003. Section 3, USE OF THE AREA. The Club agrees that during the life of the Lease Agreement, the area shall be used exclusively for the flying of remote controlled model airplanes and associated activities. The area shall not be utilized by any other individuals, groups, organizations or agencies without prior written permission from the Leisure Services Manager. page 1 of 4 Section 4, GROUNDS AND BUILDING MAINTENANCE. (a.) The Club shall be responsible for all roadway maintenance from the access gate to the landing strip, to the level needed for the Club's use. (b.) The Club shall be responsible for all grounds maintenance and improvements, including but not limited to grass cutting, walkway, tree, fiowerbed, and general grounds maintenance. (c.) The Club shall be responsible for all building maintenance and 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. (d.) Any improvements made by the Club shall remain on the leased premises upon termination of this Lease, and shall then become the property of the City. Any proposed material improvements or modifications to the leased premises shall be submitted in writing to the Leisure Services Manager for approval, which approval shall not be unreasonably withheld. All improvements made by the Club shall 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 Commission of the City. Section 5, UTILITIES AND REFUSE. The Club shall pay the costs of all utilities serving the area and shall remove all trash. Section 6, MANAGEMENT AND CONTROL. It is agreed and understood that sole management authority and control of the area, for and within the use stated in Section 3, shall be with the Club. The Club agrees that all monies and contributions derived from the landing strip shall be used to operate, maintain, and improve the area. Section 7, CONTROL AND ACCESS. The control gate to the main section of the park must be kept locked. After each club member enters the park, the gate must be locked behind them. The Club shall provide padlocks for the control gate and distribute keys to its members. A padlock provided by the City will also be provided to allow access for City staff. The three piece chain used to secure the gate will be provided by the City. page 2 of 4 The Club members, when using the area, are to proceed directly to the landing strip and not use the remaining sections of the park, unless to retrieve a downed aircraft. Special events must have prior approval of the Leisure Services Manager. Section 8, INSURANCE. Any policy of insurance or certificate of insurance required hereunder shall be with a carrier authorized to do business in Iowa and a carrier that has received a rating of A or better in the current Best's Rating Guide. Any certificate of insurance required hereunder shall provide for a thirty day notice to the City of any material change or cancelation of the policy prior to its expiration date. The Club shall furnish copies of the following policies to the City with limits not less than the following, or greater if required by law. The Club shall also furnish certificates of insurance from all independent contractors or subcontractors hired by The Club or any independent contractor or subcontractor hired by the independent contractor or subcontractor. The certificates shall provide evidence of coverage for the following with limits not less than the following, or greater if required by law: COMMERCIAL GENERAL LIABILITY General Aggregate Limit Products-Completed Operation Aggregate Limit Personal and Advertising Injury Limit Each Occurrence Limit Fire Damage Limit (any one occurrence) Medical Payments OR Combined Single Limit Medical Payments ,000,000 ,000,000 ,000,000 ,000,000 50,000 5,000 ,000,000 5,000 Coverage is to include: occurrence form, premises/operations/products/ completed operations coverage, independent contractors' coverage, contractual liability, broad form property damage, personal injury, City of Dubuque named as an additional insured with 30 days written notice of change or cancelation. UMBRELLA OR EXCESS LIABILITY 2,500,000 Section 9, INDEMNITY. The Club agrees to indemnify and hold harmless the City from any and all damages or claims whatsoever, to persons or property, by reason of the Club's use or misuse of the leased premises. page 3 of 4 Section 10, ASSIGNABILITY. The Club shall not assign or transfer any interest in this Lease Agreement without prior written approval of the City. Such prohibition includes contracts with third parties for custody, management or operation of the area. Section 11, TERMINATION. in the event either party shall fail 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 shall not be 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 shall be reasonable under the circumstances, and as shall be 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, the City shall have the right to enter the area of the park and to assume exclusive use and control. This lease may also be terminated by the City, with sixty (60) days written notice, if the park is sold or the area is needed for any purpose deemed appropriate by the City. Upon termination of this Lease Agreement, for any cause whatsoever, the Club, at the option of the City, agrees to surrender possession of the leased premises in its condition as when first leased, or to restore the leased premises to substantially the same condition, ordinary wear and tear excepted. Section 12, INSPECTIONS. The City reserves the right to conduct periodic inspections of the area of the park for the purpose of determining whether the terms and conditions of this Lease Agreement are being promptly and faithfully performed by the Club. Signed in duplicate by the parties hereto. ATTESTED: , ~ ~/JEANNE F. SCHNEIDER, CITY CLERK By: TERRANCE M. DUGGAN, MAYOR CITY OF DUBUQUE, IOWA DUBUQUE MODEL AIRPLANE CLUB Mike B. Anderson page 4 of 4 i CLUB Original agreement to Gil 02-05-01