Storybook Hill Children's Zoo Boosters - Renewal of Lease Copyright 2014
City of Dubuque Consent Items # 5.
ITEM TITLE: Storybook Hill Children's Zoo Boosters - Renewal of Lease
SUMMARY: City Manager recommending approval of a one-year lease that may be
renewed by mutual agreement for four more one-year terms with Dubuque
Children's Zoo Boosters, Inc., for approximately ten acres of Roosevelt
Park on North Cascade Road to operate the Storybook Hill Children's Zoo.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve
ATTACHMENTS:
Description Type
❑ Dubuque Children's Zoo Lease-MVM Memo City Manager Memo
❑ Staff Memo Staff Memo
❑ Lease Document Supporting Documentation
THE CITY OF Dubuque
UBE I
erica .i
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 Dubuque Children's Zoo
Boosters, Inc.
DATE: April 13, 2015
The Dubuque Children's Zoo Boosters, Inc. leases approximately ten acres of
Roosevelt Park on North Cascade Road to operate the Storybook Hill Children's Zoo.
Significant improvements have been made and continue to be made to the buildings
and grounds and to the care of the animals. The Zoo has become one of the treasures
of the community and is included in the Roosevelt Park Master Plan.
This area has been leased to the Zoo Boosters for many years and the current lease
runs through April 30, 2015.
Leisure Services Manager Marie Ware recommends City Council approval of a one-
year lease that may be renewed by mutual agreement for four more one-year terms.
This was done to allow maximum flexibility related to the future redevelopment of the
park and land surrounding the Southwest Arterial interchange at North Cascade Road
should this land be affected.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Mic ael 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
a .i
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 Dubuque Children's Zoo
Boosters, Inc.
DATE: April 10, 2015
INTRODUCTION
The purpose of this memorandum is to request approval of the attached lease
agreement with the Dubuque Children's Zoo Boosters, Inc. for a designated area of
Franklin D. Roosevelt Park.
DISCUSSION
The Dubuque Children's Zoo Boosters, Inc. leases approximately ten acres of
Roosevelt Park on North Cascade Road to operate the Storybook Hill Children's Zoo.
Significant improvements have been made and continue to be made to the buildings
and grounds and to the care of the animals. The Zoo has become one of the treasures
of the community and is included in the Roosevelt Park Master Plan.
This area has been leased to the Zoo Boosters for many years and the current lease
runs through April 30, 2015.
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 to allow maximum flexibility related to the
future redevelopment of the park and land surrounding the Southwest Arterial
interchange at North Cascade Road should this land be affected.
The lease agreement has been reviewed and approved by City Attorney Barry Lindahl
and recommended by the Park and Recreation Commission.
RECOMMENDATION
I respectfully request and recommend approval of this lease agreement with the
Dubuque Children's Zoo Boosters, Inc.
MLW:et
attachment: Lease Agreement
1
LEASE AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
DUBUQUE CHILDREN'S ZOO BOOSTERS, INC.
THIS LEASE AGREEMENT, dated for reference purposes the day of
, 2015, is made and entered into by and between the City of Dubuque,
Iowa (City), whose address for the purpose of this Lease Agreement is 2200 Bunker Hill
Road, Dubuque, Iowa, and Dubuque Children's Zoo Boosters, Inc. (the Zoo Boosters),
whose address for the purpose of this Lease Agreement is 1724 Geraldine Drive,
Dubuque, Iowa.
WHEREAS, City is the owner of a public facility known, called and named Franklin
D. Roosevelt Park (the Park); and
WHEREAS, Zoo Boosters desires to lease a section of the Park, shown on Exhibit A
(the Leased Premises), from City to operate a children's zoo (the Zoo); and
WHEREAS, it is deemed to be in the best interest of both parties to this Lease
Agreement and to the public in general that Zoo Boosters lease the Leased Premises.
NOW, THEREFORE, the parties hereto mutually agree that City hereby leases to
Zoo Boosters the Leased Premises upon the terms and conditions set forth herein.
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 one dollar ($1.00) must be paid to City by Zoo
Boosters on or before the 1st day of May, 2015 and on May 1 of each renewal term.
SECTION 3. USE OF THE AREA. Zoo Boosters agree that during the term of the Lease
Agreement, the Leased Premises will be used exclusively for zoo purposes. Animals
displayed at the Leased Premises are limited to domestic/farm type animals. No animals
may remain at the Leased Premises between October 1st and May 1st of each year of this
Lease Agreement.
SECTION 4. GROUNDS AND BUILDING MAINTENANCE.
4.1 Zoo Boosters are responsible for parking lot maintenance, well maintenance and
repair, septic system maintenance and repair, and playground and picnic area
development and maintenance at the Leased Premises. City will provide trash pickup on a
schedule to be determined entirely at City's discretion. -
031115ba1
4.2 Zoo Boosters are responsible for all grounds maintenance and improvements,
including but not limited to grass cutting, walkway, tree, flowerbed, and general grounds
maintenance at the Leased Premises.
4.3 Zoo Boosters are 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 at the
Leased Premises.
4.4 Any improvements made by Zoo Boosters must remain on the Leased Premises
upon termination of this Lease Agreement, and will then become the property of City. Any
proposed material improvements or modifications to the Leased Premises must be
submitted in writing to the Leisure Services Manager for approval, which approval may not
be unreasonably withheld.
4.5 All improvements made by Zoo Boosters must be built, erected and maintained in
strict conformity with all applicable federal, state or municipal statutes and ordinances, and
rules and regulations of the City of Dubuque Park and Recreation Commission.
SECTION 5. STAFFING. Zoo Boosters must provide competent and qualified staff
under appropriate supervision to plan and implement its activities and to care for the zoo.
SECTION 6. MANAGEMENT AND CONTROL. The sole management authority and
control of the Leased Premises is by Zoo Boosters.
SECTION 7. MONIES AND CONTRIBUTIONS. Zoo Boosters agree that all monies and
contributions derived from the Leased Premises will be used to operate, maintain, and
improve the zoo.
SECTION 8. CARE AND DISPLAY OF ANIMALS.
8.1 Zoo Boosters agree to comply with all federal, state and local laws for the care of
animals displayed at the zoo. All federal, state and local licenses or permits for the
confinement and exhibition of animals must be obtained by Zoo Boosters and copies
thereof must be furnished to City.
8.2 All animals must be displayed in a cage or pen in such a manner as to prevent
human contact. The cage or pen must be fenced in such a manner to prevent humans
from reaching into the cage or pen. The petting of animals by visitors to the zoo must be
strictly prohibited, except for the petting of goats and horses, which may be displayed in
such a way to allow petting. Any animal found dead must be removed by Zoo Boosters
from the Leased Premises immediately.
SECTION 9. INSURANCE. Zoo Boosters must maintain during the term of this Lease
Agreement insurance as set forth in the attached Insurance Schedule A.
2
SECTION 10. ASSIGNABILITY. Zoo Boosters 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 the custody, management or operation of the
Leased Premises.
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 it is 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
assume exclusive use and control thereof.
11.2 This Lease Agreement may also be terminated by City, upon sixty (60) days written
notice to Zoo Boosters, if the Park is sold or the Leased Premises is needed, in City's sole
discretion, for any purpose deemed appropriate by City.
11.3 Upon termination of this Lease Agreement for any cause whatsoever, Zoo Boosters,
at the option of City, agree 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 Zoo Boosters.
Signed in duplicate by the parties hereto.
CITY OF DUBUQUE, IOWA DUBUQUE CHILDREN'S ZOO
BOOSTERS, INC.
By: (,, ;t.. 1 , 1 a -L. By:
Rey '-.1:B.H4347-1194ayer'd John Markham, President
Karla A. Braig, Mayor Pro Tem
ATTEST:
By:
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Kevin S. Firnstahl, City Clerk
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INSURANCE SCHEDULE A
4
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. shall furnish a signed Certificate of Insurance(COI)to the City of Dubuque,Iowa for
the coverage required in Exhibit I prior to contract or lease commencement.All lessees of City property
and Right of Way Permit Holders shall submit an updated COI annually.Each Certificate shall be prepared
on the most current ACORD form approved by the Department of Insurance or an equivalent.Each
certificate shall include a statement under Description of Operations as to why issued.Eg: Project
N or Lease of premises at or construction of or right of way
permitted location and description
2. All policies of insurance required hereunder shall be with a carrier authorized to do business in Iowa and
all carriers shall have a rating of A or better in the current A.M.Bests Rating Guide.
3. Each Certificate shall be furnished to the contracting department of the City of Dubuque.
4. Failure to provide minimum coverage shall not be deemed a waiver of these requirements by the City of
Dubuque. Failure to obtain or maintain the required insurance shall be considered a material breach of
this agreement.
5. All required endorsements to various policies shall be attached to Certificate of insurance.
6. Whenever a specific ISO form is listed,an equivalent form may be substituted subject to the provider
identifying and listing in writing all deviations and exclusions that differ from the ISO form.
7. Provider shall be required to carry the minimum coverage/limits,or greater if required by law or other
legal agreement,in Exhibit I.
B. Whenever an ISO form is referenced the current edition of the form must be used.
Page 1 of 3 Schedule A,Property Or Vendors(Suppliers,Service Providers)April 2014.Doc
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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 (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 $11000,000
Each Occurrence $1,000,000
Fire Damage Limit(any one occurrence) $ 50,000
Medical Payments $ 5,000
a) Coverage shall be written on an occurrence,not claims made,form. All deviations from the
standard ISO commercial general liability form CG 0001,or Business owners form BP 0002,
shall be clearly identified.
b) Include ISO endorsement form CG 2504"Designated Locations)General Aggregate Limit"
c) Include endorsement indicating that coverage is primary and noncontributory.
d) Include endorsement to preserve Governmental Immunity.(Sample attached).
e) Include an endorsement that deletes any fellow employee exclusion.
f) 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 150 form CG 20 10. (Ongoing operations).
g) If vendor utilizes Trikkes or Segways in the conduct of business,include an endorsement
reflecting that these vehicles are not excluded from Commercial General Liability coverage.
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 as amended.
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 an endorsement providing a waiver of subrogation to the City of Dubuque.
Page 2 of 3 Schedule A,Property Or Vendors(Suppliers,Service Providers)April 2014.Doc
6
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 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 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 underthe 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 insurance carrier.
4. Non-Denial of Coverage.The insurance carrier shall not deny coverage under this policy and the
insurance carrier 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
Page 3 of 3 Schedule A, Property Or Vendors(Suppliers,Service Providers)April 2014.Doc
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