Tri-State Modelers - Renewal of Lease Copyright 2014
City of Dubuque Consent Items # 16.
ITEM TITLE: Tri-State Modelers - Renewal of Lease
SUMMARY: City Manager recommending approval of a one-year lease agreement with
Tri-State Modelers that may be renewed by mutual agreement for four
more one-year terms for a section of the former Roosevelt Park.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve
ATTACHMENTS:
Description Type
❑ Tri-State Modelers Lease Agreement-MVM Memo City Manager Memo
❑ Staff Memo-Lease with Tri-State Modelers Staff Memo
❑ Lease with Tri-State Modelers Supporting Documentation
THE CITY OF Dubuque
UBE I
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Masterpiece on the Mississippi 2007-2012-2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Approval Request for Lease Agreement with Tri-State Modelers
DATE: February 18, 2015
Leisure Services Manager Marie Ware recommends a one-year lease agreement, that
may be renewed by mutual agreement for four more one-year terms, with the Tri-State
Modelers for a section of the former Roosevelt Park. The only other change in this
lease from past leases is a 60-day termination clause, which was instituted should any
rules change with the FAA regarding small flying crafts.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Micliael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Marie L. Ware, Leisure Services Manager
THE CITY OF Dubuque
UB §kE ;II
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Masterpiece on the Mississippi 2007-2012-2013
TO: Michael C. Van Milligen, City Manager
FROM: Marie L. Ware, Leisure Services Manager
SUBJECT: Approval Request for Lease Agreement with Tri-State Modelers
DATE: February 17, 2015
INTRODUCTION
The purpose of this memorandum is to request approval of the attached lease
agreement with the Tri-State Modelers for a designated area of Franklin D. Roosevelt
Park.
DISCUSSION
The Tri-State Modelers have used this section of Franklin D. Roosevelt Park for over
thirty-nine years. The Modelers built the landing strip in 1975. A formal lease was
initiated in 1992 and it has been leased to the Club since then. The Roosevelt Park
Master Plan includes this area of the park for the purpose of a model airplane area.
Over the years, the Tri-State Modelers have been a good partner organization with the
Leisure Services Department. They have a quality operation and provide a good
service to the community of a recreational activity not provided by others. This property
is a good location for their activity because they are removed from neighbors. They
have invested money, time and talent into the landing strip and take great pride in their
club.
The lease term is a one-year lease that may be renewed by mutual agreement for four
(4) more one-year terms. This was done because as the Southwest Arterial Project
changes roadway configurations and the City looks at future use options for Roosevelt
Park, maximum flexibility should be maintained. The only other change in this lease
from past leases is a 60-day termination clause. This was instituted should any rules
change with the FAA regarding small flying crafts.
The lease agreement has been reviewed and approved by City Attorney Barry Lindahl
and recommended by the Park and Recreation Commission.
RECOMMENDATION
I recommend approval of this lease agreement with the Tri-State Modelers.
MLW:et
attachment: Lease Agreement
1
ORIGINAL
LEASE AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
TRI-STATE MODELERS
THIS LEASE AGREEMENT, dated for reference purposes the 3rdday of
March ,2015, 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 Tri-State Modelers
(Club), whose address for the purpose of this Lease is 11180 John F. Kennedy Road,
Dubuque, Iowa, 52001.
WHEREAS, City is the owner of a public facility known, called and named Franklin
D. Roosevelt Park (the Park); and
WHEREAS, Club desires to lease the section of the Park shown on Exhibit A (the
Leased Premises) from City to fly remote controlled model airplanes; and
WHEREAS, City agrees to lease the Leased Premises to Club but only upon the
terms and conditions set forth herein.
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 May 1, 2015, and terminating at midnight on April 30, 2016. This
Lease Agreement may be renewed upon mutual agreement of the parties for four (4) one-
year terms commencing May 1, 2016, 2017, 2018 and 2019 provided the parties agree in
writing for each such extension by March 1 of the initial term and any subsequent term.
SECTION 2. RENT. The annual rental of $300.00 must be paid by Club to City on or
before the 1st day of May, 2015, and on May 1 of each renewal term.
SECTION 3. USE OF THE LEASED PREMISES. Club agrees that during the term of
this Lease Agreement, the Leased Premises will be used exclusively for the flying of
remote controlled model airplanes and associated activities. Club may not allow the
Leased Premises to be used by any other individuals, groups, organizations or agencies
without the prior written permission from City's Leisure Services Manager.
SECTION 4. GROUNDS AND BUILDING MAINTENANCE.
4.1 Club is responsible for all roadway maintenance from the access gate to the landing
strip, to the level determined by Club for Club's use.
4.2 Club must maintain all grounds and improvements, including but not limited to grass
cutting, walkway, tree, flowerbed, and general grounds maintenance.
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4.3 Club must maintain all buildings 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.
4.4 Club may not make any material improvements or modifications to the Leased
Premises without the prior written approval of City's Leisure Services Manager for
approval, which approval will 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 City's Park and Recreation Commission.
SECTION 5. UTILITIES AND REFUSE. Club must pay the costs of all utilities serving
the Leased Premises and must keep the Leased Premises free of litter and trash at all
times.
SECTION 6. MANAGEMENT AND CONTROL.
6.1 Club has the sole management authority and control of the Leased Premises.
6.2 Club must use all monies and contributions derived from the use of the landing strip
to operate, maintain, and improve the Leased Premises.
SECTION 7. CONTROL AND ACCESS.
7.1 Club must keep the control gate to the main section of the Park locked at all times.
Club must require that after each club member enters the Park, the gate must be locked by
such member.
7.2 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.
7.3 Club must direct its members, when using the Leased Premises, to proceed directly
to the landing strip and not use the remaining sections of the Park, unless to retrieve a
downed aircraft. Club may not hold any special events without the prior written approval of
City's Leisure Services Manager.
SECTION 8. INSURANCE. Club must maintain at all times during the term of this
Agreement insurance as required by the attached Insurance Schedule A.
SECTION 9. INDEMNITY. Club agrees to indemnify and hold harmless City, its officers
and employees, from any and all damages or claims whatsoever, to persons or property,
arising out of this Lease Agreement or by reason of Club's use or misuse of the Leased
Premises.
2
SECTION 10. ASSIGNABILITY. Club may not assign or transfer any interest in this
Lease Agreement 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.
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 has the right to enter the Leased Premises and to
assume exclusive use and control thereof.
11.2 This Lease Agreement may also be terminated by either party upon sixty (60) days
written notice to the other party for any reason.
11.3 Upon termination of this Lease Agreement, for any cause whatsoever, Club, at the
option of 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. 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.
CITY OF DUBUQUE, IOWA
By:
Roy D. uol, Mayor
Trish L. Gleason
Assistant, City Clerk
TRI-STATE MODELERS
EXHIBIT A
THE LEASED PREMISES
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City of Dubuque Insurance Requirements for Tenants and Lessees of City Property or
Vendors(Suppliers, Service Providers), and Right of Way Permit Holders
Insurance Schedule A
1. shallfum6b a signed Certificate of l nsuancelC011 to Me Gty of Dubuque,Iowa for
the coinage required In Oxhlb t I prior to contact or lease commencement NI lessees of City property
and Right of Way Perms Holders shall submit an updated COI anally.Each Certficate shall be prepared
an Me most current ACORD food approved!by the Department of Insurance or an equivalent Each
certfiate shall include a statement under Description of Operations as to why Issued Eg: project
x or Lease of premises at at construction of orright of way
Permitted location and description
2. All policies of insurance required hereunder shall he with a carrier authorized]to do business In Iowa and
all carriers shall haw a rating of A or better In the current A.M.Best's Rating Guide.
3. Each Certificate shall be furnished to the contracting department of the City of Dubuque.
4. Failure to provide minimum coverage shall nut be deemed a wairxr of these requirements by the CRy of
Dubuque. Failure to obtain at mamdm the required insurance shall be considered a material breaUi of
this agreement.
S. All required endorsements to various policies shall be attaUretl to Gert flute of insurance.
fi. Whenever a specific aO form is listed,an quial form may be substituted subject to the pmNder
identifying and listing in writing all donations and exclusions that differ from the ISO form.
). Provider hall be required to carry the minimum coverage/limits,or greater if required by law or other
legal agreement in Exhibit 1.
S. Whenever an ISO form is referenced the current edition of the form must be used.
Page l of schedule A,property Or Vendors lSuppfers,Service PmWdend Apri12010.Doc
City of Dubuque Insurance Requirements for Tenants and Lessees of City Property or
Vendors Suppliers, Service Providers), and Right of Way Permit Holders
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 Aerxrcamg Injury omit $1,carl
Each occurrence $1,000,000
Fire Damage Limit(any one occurrence) $ 50,0m
Medial Payments $ 5,000
a) Coinage shall be wren on an occurrence,not claims made,form. All deviations from the
standard ISO commercial general liability form CG 0001,or Business owners farm BP O032,
shall be cleats mentifled.
bl Include 6o endorsement form W 250f'Designated LVemonls)General Aggregate Dmlr
c) Include endorsement indicating that coverage is primary and nonscontnbutory.
dl Include endorsement to preserve Governmental Immunity.(Sample attached).
e) Include an endorsement that deletes any fellow employee socialon.
t)
Include addmlonal lend endorsement for:
The any 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 ISOform CG m l0. (ongoing operations).
g) If vendor utiles¢Trikkes or Segways In the conduct of business,include an endorsement
reflecting Mat Mese vehicles are not excluded from Commemial General uabmry coverage.
B) WORKERS'COMPENSATION&EMPLOYERS LIABILITY
Statutory benefits covering all employees injured on the job by account or disease as prescribed by
Iowa Code Chapter 85 as amended.
Coverage Sta tory—State of Iowa
Coverage Employers Liability
Each Accident $100,000
Each EmployeeDisease $100,000
Policy Lord: Disease $500,000
Polity shall include an endorsement providing a waiver of submgatlon to the City of Dubuque.
Page 2 of SCM1NUIe A,Property Or Vendors(Suppliers,Service Providers(Apir tan Doc
City of Dubuque Insurance Requirements for Tenants and Lessees of City Property or
Vendors(Suppliers, Service Providers(, and Right of Way Permit Holders
Preservation of Governmental Immunities Endorsement
1. Nonwaiver of Governmental Immunity.The insurance carrier expressly agrees and states that fire
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 Cade of Iowa Section 670.4 as it is now exists and as it may be amended from time to time.
2. Claims Coverage.The insurance carrier 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 he covered by the terms and conditions of Mis insurance policy.
3. Assertion of Government Immunity.The City of Dubuque, Iowa shall he 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 insurance carrier.
4. Non-Denial of Coverage.The insurance carrier shall not deny coverage under this policy and fie
carrierInsurance shall not deny any of the rights and benefits accruing to the City of Dubuque,Io
under this polIowa
policy for reasons of govemmental immunity unless and until a court of competent
jurisdiction has mled 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 underthe policy.
SPECIMEN
Page 3 of schedule A,property Or Vendors(5uppl@rs,Service PmWtlers)Apnl 2010.0uc
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