Signed Contract_Dubuque Water Sports Club 2015-2016 ORIGINAL
LEASE AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
DUBUQUE WATER SPORTS CLUB
This Lease Agreement, dated for reference purposes the 16tbday of February
2015, is made and entered into by and between the City of Dubuque, Iowa ("61t7), whose
address for the purpose of this Lease is 2200 Bunker Hill Road, Dubuque, Iowa, and
Dubuque Water Sports Club("Club"), whose address for the purpose of this Lease is Post
Office Box 3377, Dubuque, Iowa, 52004-3377.
WHEREAS, City is the owner of Miller Riverview Park (the "Park'); and
WHEREAS, Club desires to lease the section of the Park shown on Exhibit A(the
"Leased Premises")from City to operate a water sports club; and
WHEREAS, it is deemed to be in the best interest of both parties to this Agreement
and to the public that Club lease the Leased Premises.
NOW, THEREFORE, the parties hereto mutually agree as follows:
SECTION 1. TERM OF LEASE AGREEMENT. This Lease Agreementwill beforaterm
of one (1)year, commencing at midnight on April 30, 2015, and terminating at 11:59 p.m.
on April 29, 2016.
SECTION 2. RENT. The annual rental of$525.00 must be paid to City on or before the
1 st day of May, 2015.
SECTION 3. USE OF THE LEASED PREMISES. Club agrees that during the term of
the Lease Agreement,the Leased Premises must be used exclusively for recreational and
conservational purposes and associated activities. Club will not allow the Leased Premises
to be occupied or used by any other individual, group, organization or agency without the
prior written permission of City's Leisure Services Manager.
SECTION 4. GROUNDS AND BUILDING MAINTENANCE.
4.1 Club will be responsible for and will perform all roadway maintenance deemed
necessary by Club from the access point at the Hilton Garden Inn parking area and
throughout the Leased Premises for Club's use.
4.2 Club will be responsible for and will perform all grounds maintenance and
maintenance of improvements on the Loosed Premises, including but not limited to
wa I kway,tree,flowe rbed, and general grounds maintenance. City will mow the grass in the
Leased Premises area, but Club will trim around all trees, buildings, campers, boats, and
other obstructions.
020415bal
i
i
i
4.3 Club will be responsible for all building maintenance and maintenance of
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.
r
4.4 Any improvements made by Club will remain on the Leased Premises upon
termination of this Lease and will then become the property of City. Club will not make any
material improvements or modifications to the Leased Premises without the prior written
approval of City's Leisure Services Manager. Such approval will not be unreasonably
withheld.
4.5 All improvements made by Club must be built, erected and maintained in strict
conformitywith all applicable federal, state or municipal statutes and ordinances,and rules i
and regulations of the Park and Recreation Advisory Commission of City. Club will be 1
responsible for inspecting and ensuring that all improvements comply with all applicable i
federal, state or municipal statutes and ordinances, and rules and regulations of the Park
and Recreation Advisory Commission of City. rl
i
r
SECTION 5. UTILITIES AND REFUSE. Club will pay when due all costs of all utilities
serving the Leased Premises. City will remove trash from the Leased Premises on
Mondays and Fridays, Memorial Day through Labor Clay.
l
SECTION 6. MANAGEMENT AND CONTROL.
6.1 It is agreed and understood that sole management authority and control of the
Leased Premises, for the permitted uses stated in Section 3, will be with Club.
6.2 Club agrees that all monies and contributions derived from the use of the Leased
Premises will be used to operate, maintain, and improve the Leased Premises.
SECTION 7. CONTROL AND ACCESS.
7.1 Club will have the authority to limit general public access to the Leased Premises to
best suit its purposes. Club will make every reasonable effort to
(1) Prohibit overnight camping except by Club members who have paid 50%of
the per night(non-electric) camping fee to the manager of the Park.
(2) Limit camping units allowed on site to six camping units at any one time and
limit any stay to no longer than thirty (30) consecutive days. At the end of a thirty
consecutive day stay, Club will require that a camping unit must leave the Leased
Premises for at least five consecutive days. Club will require that all camping units
be in the same location. Such location must be agreed upon by Club and City's
Leisure Services Manager.
I
2
(3) Restrict overnight parking of boats to eight boats used for water skiing; two
work boats; and one Dragon Boat between Memorial Day and Labor Day. Club will
require that all boats be in the same location. Such location must be agreed upon
by Club and City's Leisure Services Manager.
(4) Police the Leased Premises to assure that no vehicles, other than City
authorized vehicles, are allowed access to the wetland area;
7.2 Club will not dump or allow to be dumped any trash, sweepings, or other waste
material, in the channel along the Leased Premises, or on the banks thereof in such a
manner that the same may readily be washed into the channel. Club will allow access to
the Leased Premises for utility service installations, subject to approval by City's Leisure
Services Manager. Such approval will not be unreasonably withheld. Club's water system
will be tested by City's Health Services Manager at the request of Club or City, and a
certificate of testing will be filed with City's Leisure Services Manager.
7.3 Any rights granted herein to Club are subject to the right of City, or its authorized
agents or contractors to enter upon the Leased Premises to carry on any work or activity
necessary in connection with the construction of flood control works or devices, or the
clearing of obstructions in the Peosta Channel;
7.4 Club will not use the Leased Premises for commercial purposes, except for such
purposes which are related to Club's designated water sports. Commercial use of the
Leased Premises will be prohibited except at special water show events sponsored by
Club, but only upon prior written notification to and approval by City's Leisure Services
Manager and upon such terms, including appropriate additional insurance coverage, as
may be required by City's Leisure Services Manager.
7.5 Club will 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.
7.6 Any special events on the Leased Premises must have prior approval of City's
Leisure Services Manager and a special event permit as required by City.
SECTION 8. INSURANCE. Club must provide insurance during the term of this Lease
Agreement as required by the Insurance Schedule attached as Exhibit B.
SECTION 9. INDEMNITY. Club agrees to defend, indemnify and hold harmless City, its
officers and employees, from any and all damages or claims whatsoever, to persons or
property, by reason of Club's use of the Leased Premises.
SECTION 10. ASSIGNABILITY. Club may not assignortransfer any- interest in this
Lease Agreement or the Leased Premises 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.
3
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 j
to the other. Upon termination, City will have the right to re-enter the Leased Premises and
to assume exclusive use and control thereof.
11.2 This Lease Agreement may also be terminated by City upon sixty(60)days written
notice to Club if the Leased Premises or any part thereof is sold or the Leased Premises or
any part thereof is needed for any purpose deemed appropriate by City in its sole
discretion_
i
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 l
when first leased, or to restore the Leased Premises to substantially the same condition,
ordinary wear and tear excepted.
11.4 Upon termination of this Lease Agreement, Club members must remove all boats
and camping units from the Leased Premises within fourteen(14)days of such termination.
SECTION 12. INSPECTIONS. City reserves the right to conduct periodic inspections of I
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 DUBUQUE WATER SPORTS CLUB
By: By: A�A 0 z,� VWAOlk
Michael C an Milligen Pres' nt, DWSC
City Manager �,�
_ s t cut
te" 'Ra.,/e,,/-
Printed Na
By:
Kev' S. Firnstahl, Cit Clerk
F:\USERS\tsteckle\Lindahl\Agreements\DubuqueW aterSportsclubLeaseAgreement_a2d415.doc
1
4