Contract_Hillcrest Family Services Parking LotPARKING LICENSE AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
HILLCREST FAMILY SERVICES, INC.
This Parkin License Agre nt (the Agreement) dated for reference
purposes the /~°~ day of ,1 Hr~ .-~ 2008, between the City of
Dubuque, Iowa a municipal corporation (City) and Hillcrest Family Services Inc.
(Hillcrest), an Iowa corporation with its principal place of business in Dubuque,
Iowa. '
WHEREAS, City is the owner of a parking lot which includes the forty-stall
area (the Licensed Area) shown on the attached Exhibit A and by reference
incorporated herein as though fully set out herein; and
WHEREAS, City and Hillcrest are desirous of entering into an agreement
where City grants to Hillcrest a license for the privilege of using the Licensed
Area for providing parking for Hillcrest's employees under the terms and
conditions hereinafter set forth;
NOW THEREFORE, in consideration of the mutual covenants and
agreements set forth herein, City and Company agree as follows:
SECTION 1. TERM OF AGREEMENT
Subject to Paragraph 11, City hereby grants to Hillcrest a nonexclusive license to
use the Licensed Area for parking for Hillcrest's employees during the hours from
7:30 a.m. to 4:00 p.m. for all school days and teacher-required in-service days
during the months of January through June in 2008 and August through June in
2008-2009, commencing on 'the 1st day of January, 2008, and ending after the
last teacher work day in June, 2009.
SECTION 2. PARKING LICENSE USE FEE
The parking license use fee (the Fee) for the Licensed Area shall be Fifteen
Dollars ($15.00) per month per space for thirty spaces for a total of Four Hundred
Fifty Dollars ($450.00) per month regardless of the number of spaces actually.
used by Hillcrest. Payments are payable monthly by Hillcrest to City in advance
commencing on the 1St day of the months of September through May.
SECTION 3. USE OF PREMISES
3.1 Hillcrest covenants and agrees to use and occupy the Licensed Area for
parking for-its employees only.
031808ba1
3.2 Hillcrest shall not place or allow any signs on or in the Licensed Area
without the prior written approval of the City Manager. Hillcrest shall not place or
allow any structure on or in the Licensed Area.
SECTION 4. ASSIGNMENT AND SUBLETTING
Hillcrest shall not assign or sublet this Agreement or the Parking Area nor any
portion thereof.
SECTION 5. MAINTENANCE OF PROPERTIES
Hillcrest shall be responsible for snow and ice removal in the Licensed Area at its
expense
SECTION 6. RESPONSIBILITY FOR ENFORCEMENT
-City shall not be responsible in any manner for enforcement of Hillcrest's
.privilege to use the Licensed Area. Hillcrest shall use the Licensed Area in a
manlier that is compatible with the operation of the remainder of City's parking
lot, and shall not cause or allow any conflicts or interruptions to the operation of
City's parking lot.
SECTION 7. DEFAULT
If Hillcrest shall default in the payment of the Fee hereunder or any part thereof,
or shall default in the performance .of any of the other covenants herein
contained, and such default shall continue for a period of thirty (30) days after
written notice thereof, specifying the default complained of, mailed to Hillcrest by
United States certified mail, then City may, at its, election, declare the terms of
this Agreement ended and re-enter the Licensed Area, with or without process of
law, and expel and remove Hillcrest or any person or persons in or upon the
Licensed Area, using such force as may be necessary under the circumstances;
and if at any time, by reason of such default of Hillcrest and the continuance
thereof for such period of thirty (30) days after written notice has been given, said
term shall be so ended, Hillcrest hereby covenants and agrees to surrender and
deliver up the Licensed Area peaceably to the City.
SECTION 8. INDEMNITY
Hillcrest agrees to defend, indemnify and hold harmless City, its officers, agents
and employees, from any and all damages or claims whatsoever by reason of
Hillcrest's use of the Licensed Area and further agrees to reimburse City for any
and all damage to the Licensed Area resulting from the use of the Licensed Area
for activities associated with Hillcrest's business. City agrees to promptly give
2
notice of any and all damages or claims and to permit Hillcrest and/or its
insurance carrier to investigate and defend the same.
SECTI®N 9. I U NC
Hillcrest shall at all times during the term of this Agreement provide insurance as
set forth in the attached Insurance Schedule as such Insurance Schedule may
from time to time be amended by City.
SECTION 10. URR NDER F PREIi~ISES e4T END ®F T f1~
Hillcrest agrees that upon termination of this Agreement it will surrender, yield up
and deliver the Licensed Area in good, clean condition.
SECTION 11. TERNIIN~,TI®N
11.1 City may terminate this Agreement for any reason, with or without cause,
upon thirty (30) days written notice mailed to the Hillcrest by United States
certified mail.
11:2 Upon termination far any cause whatsoever, City shall prorate the Fee for
the current month in which advanced payments have been made and rebate
such prorated Fee for the balance of the current month.
HILLCREST FAMILY SERVICES, INC.
°Its ~
Date
CITY CJF DIJ~UC~IJE, 1~1~A
e,
r
.,.
~.
Y
Michael C. Van Milligan, City Manager Date
,.
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Attest ,~ ~ ~~ ;.
ss ~a" ,sp,' a." ~6"...
°:Ieanne F. Schneider, City Clerk
3
THE CITY OF DUBUQUE
Materpiece on the Mississippi
2007
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Mllllgen, City Manager
SUBJECT: Parking Llcense Agreement with Hillcrest Family S ervices for 30 Parking
Spaces In Flora Park
DATE: May 23, 2008
Leisure Services Manager Gil Spence advises that a Parking Llcense Agreement has
been executed with Hillcrest Family Services, Inc. for 30 parking spaces In the Wllbright
Lane parking lo[In Flora Park.
The resolution authorizing the City Manager to awartl [he contract requires that fhe City
Manager report the award of the contract to the City Council.
Michael C. Van Milligan
MCVMfjh
Attachment
cc. Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Gil D. Spence, Leisure Services Manager
THE CITY OF DUBUQUE
Masterpiece on the Mississippi
Dubuque
All-American City
2007
T0: Michael C. Van Mllllgen, City Manager
FROM: Gil D. Spence, Leisure Services Manager
SUBJECT: Parking License Agreement With Hillcrest Famlly Services
for 30 Parking Spaces in Flora Park
DATE: May 32, 3008
INTRODUCTION
The purpose of this memorandum is to request City Council approval of the Parking
Llcense Agreement with Hillcrest Family Services, Inc. for thirty parking spaces in the
Wilbright Lane parking lot in Flora Park.
DISCUSSION
This agreement formalizes an arrangement we have had with Hillcrest Family Services
to use thirty parking spaces in [he Wilbright Lane parking lot in Flora Park. When
Hillcrest started an on-site educational program, parking for school stall became an
e. Hillcrest did not want the staff utilizing on-street parking on Wilbright Lane
because of ira(fic congestion that would be created so they asketl to use the parking lot
in Flora Park. Since their usage is 7'.30 a. m. to 4:00 p.m., Monday through Fritlay
tluring the school year, a time periotl that would not conflict with park users, their
request was approved.
The attachetl License Agreement formalizes the Hillcrest usage antl establishes a fee.
The basic points of the lease are:
• 30 spaces (there are 60 in the parking lot) will be tlesignatetl for Hillcrest stall.
• Fee established will be $15.00 per month, per space for a total of $150.00 per month
• Hillcrest will be responsible (or snow and ice removal.
• Hillcresi will release the City from liability.
• Use will be limited to 7:30 a.m. to 4:00 p.m., Monday through Friday during the
school year.
• Fees will be paid retroactive to January 1, 2008.
• The Ilcensetl area will be the 30 spaces furthest from the spaces most used by park
Hlllcrest lease for parking spaces
page two
I will work with Hillcrest to post signs giving notice of these reserved parking spaces and
the time they are resevetl.
ACTION STEP
The action requested is chat the Cify Manager approve the Parking License Agreement
with Hillcresf Family Services for 30 parking spaces in Flora Park.
GDS:et
attachment
PARKING LICENSE AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
HILLCREST FAMILV SERVICES, INC.
This Parking License Agreement (the Agreement) tlatetl for reference
purposes the day of .2006, between the Gity of
Dubuque, Iowa a municipal corporation (City) and Hlllcrest Family Services Inc.
(Hillcrest), an Iowa corporation with its principal place of business in Dubuque,
Iowa.
WHEREAS, City is the owner of a parking lot which includes the forty-stall
a (the Licensed Area) shown on the attachetl Exhibit A and by reference
incorporated herein as though fully set out herein; antl
WHEREAS, City antl Hillcrest are desirous of entering into an agreement
where City grenis to Hillcrest a license for the privilege of using the Licensed
Area for providing parking for Hillcresl's employees under the terms and
conditions hereinafter set forth;
NOW THEREFORE, in nsideration of the mutual c venanis and
agreements set forth herein, City antl Company agree as follows: o
SECTION 1. TERM OF AGREEMENT
Subject to Paragraph 11, Gity hereby grants to Hlllcrest a nonexclusive Ilcense tc
se the Licensed Area for parking for Hillcrest's employees during the hours from
]:30 a. m. to 4:00 p.m. for all school days antl teacher-required in-service days
during the months of January through June in 2008 antl August through June In
2008-2009, commencing on the 1st day of January, 2008, antl entling after the
last teacher work day In June, 2009.
SECTION 2. PARKING LICENSE USE FEE
The parking license use fee (the Feel for the Llcensetl Area shall be Fifteen
Dollars ($15.00) per month per space for thirty spaces for a total of Four Huntlred
Fifty Dollars ($450.00) per month regardless of the number of spaces actually
usetl by Hillcrest. Payments are payable monthly by Hlllcrest to City in advance
commencing on the 1'~ tlay of the months of September through May.
SECTION 3. USE OF PREMISES
3.1 Hlllcrest covenants antl agrees to use and occupy the Licensed Area for
parking for its employees only.
011 SOfih,il
3.2 Hlllcrest shall not place or allow any signs on or in the Llcensetl Area
without the prior written approval of the City Manager. Hlllcrest shall not place or
allow any structure on or In the Licensed Area.
SECTION 4. ASSIGNMENT AND SUBLETTING
Hlllcrest shall not assign or sublet this Agreement or [he Parking Area nor any
portion thereof.
SECTION 5. MAINTENANCE OF PROPERTIES
Hlllcrest shall be responsible (or snow antl Ice removal in the Licensed Area at Ifs
expense
SECTION 6. RESPONSIBILITY FOR ENFORCEMENT
City shall not be responsible in any m er for enforcement of Hlllcrest's
privilege to use the Licensed Area. Hlllcrest shall use the Licensed Area in a
er that Is compatible with the operation of the remainder of City's parking
lot, and shall not cause or allow any conflicts or interruptions to the operation of
Cify's parking lot
SECTION ]. DEFAULT
If Hlllcrest shall default In the payment of the Fee hereuntler or any part thereof,
shall default in the pertormance of any of the other c ants herein
~ontainetl, and such default shall continue for a period of thirty (3g) tlays after
written notice thereof, specifying the tlefauli complained o(, mailed to Hlllcrest by
United States certifietl mail, then City may, at Its election, declare the terms of
this Agreement ended antl re-enter the Llcensetl Area, with or without process of
law, antl expel and re ve Hlllcrest or any person ar persons in or upon the
Licensed Area, using such force as may be necessary untler the circumstances;
antl if at any lime, by reason of such default of Hlllcrest and the continuance
thereof for such periotl of thirty (30) days after written notice has been given, said
term shall be so entletl, Hlllcrest hereby covenants and agrees to surrentler antl
deliver up the Licensed Area peaceably to the Clty.
SECTION 6. INDEMNITY
Hlllcrest agrees to defend, Intlemnify and hold harmless City, its officers, agents
and employees, from any and all tlamages or claims whatsoever by reason of
Hillcres['s use of the Licensed Area antl further agrees to reimburse City for any
and all damage to the Licensed Area resulting from the use of the Llcensetl Area
far activities associatetl with Hillcrest's business. City agrees to promptly glue
ncilce of any and all damages or claims and to permit Hillcrest and/or its
insurance career to investigate antl tletentl the same.
SECTION 9. INSURANCE
Hillcrest shall at all times tluring the term of this Agreement provide Insumnce as
sal forth In the attachetl Insuance Schedule as such Insurance Schedule may
from time to time be amended by City.
SECTION 10. SURRENDER OF PREMISES AT END OF TERM
Hillcrest agrees that upon termination of this Agreement it will surrentler, yield up
and deliver the Licensed Area in gootl, clean condition.
SECTION 11. TERMINATION
11.1 City may terminate this Agree ant for any re with or without cause,
upon thirty (30) days written notloe mailed to the Hillorest by United States
cedifled mail.
11.2 Upon termination for any cause whatsoever, City shall prorate the Fee for
the current month in which advanced payments have been made and rebate
such prorated Fee for the balance of the cu«ant month.
HILLCREST FAMILY SERVICES, INC.
Its Date
CITY OF DUBUQUE, IOWA
Michael C. Van Milligan, City Manager Date
At[est
Jeanne F. Schneider, City Clerk
EXHIBITA
LICENSED AREA
INSURANCE SCHEDULE A
INSURANCE REQUIREMENTS FOR TENANTS AND LESSEES OF CITY
PROPERTY OR VENDORS (SUPPLIERS, SERVICE PROVIDERS] TO THE
CITY OF DUBUQUE
1. All policies of insurance required hereunder shall be with an Insurer authorized to do
business In Iowa. All insurers shall have a rating of A or better In the current A.M.
Best Rating Guide.
2. All policies of insurance shall be endorsed to provide a thirty (30) tlay atlvance
notice of cancellation to the City of Dubuque, except for 10 day notice for non-
payment, if cancellation is prior to the expiration date. This endorsement supersetles
the standard cancellation statement on the Certificate of Insurance.
3. shall furnish a signetl Cedlficate of Insurance to the City of
Dubuque, Iowa for the coverage required in Paragraph 8 below. Such certificates
shall Include cnoies of the following policy endorsements:
a) Commercial General Liability policy Is primary and non-contributing.
b) Commercial General Liability additional insured endorsement.
c) Governmental Immunity Endorsements.
4. Each cedlficate shall be submitted tc the contracting department of the City of
Dubuque.
5. Failure to provide minimum coverage shall not be tleemetl a waiver of these
requ Dements by the Clty of Dubuque. Failure to obtain or maintain the required
insurance shall be considered a material breach of [his agreement.
6. shall be requiretl to carry the following minimum
coveragellimits or greater if required by law or other legal agreement:
a) COMMERCIAL C,FNFRALIIA8ILITV
General Aggregate Limit 92,000,000
Products-Completed Operations Aggregate Limn 51,000,000
Personal and Advertising Injury Limit 51,000,000
Each Occurrence Limit 51,000,000
Fire Damage Limit (any one occurrence) S 50,000
Metlical Payments 5 5,000
This coverage shall be written on an occurrence, not a claims matle form. Form CG
25 04 03 9] "Designated Location (s) General Aggregate Limit" shall be inclutled.
All deviations or exclusions from the standard ISO commercial gene2l liability form
CG 0001, or Business Owners form BP 0002, shall be clearly identified.
INSURANCE SCHEDULE A (Continued)
INSURANCE REQUIREMENTS FOR TENANTS AND LESSEES OF CITY
PROPERTY OR VENDORS (SUPPLIERS, SERVICE PROVIDERS) TO THE
CITY OF DUBUQUE
Governmental Immunity Endorsement itlentical or equivalent tc form
anaoned
Atltlitional Insured Requirement:
The Gity of Dubuque, including all Its elected and appointed officials, all its
employees and volunteers, all its boartls, commissions and/or authorities
antl [heir boartl members, employees antl volunteers shall be named as
n atlditional insured on General Llabllity Policies using ISO endorsement
CG 20 26 0]04'Atldlticnal Insured - Designatetl Person or Organization,"
or it's equivalent. -See Specimen
b) WORKERS' COMPENSATION & EMPLOYERS I.IAflILITV
Statutory for Coverage A
Employers Liability.
Each Accident 5'100,000
Each Employee-Disease S"100, 000
Policy Limit -Disease 5500,000
c) UMBRELLA EXCESS LIABILITY
I IOIIOR OR DRAM SHOP LIABILITY
Coverage to be determined on a case by case basis by Finance Director.
Completion Checklist
^ Certificate of Liability Insurance (2 pages)
^ Designated Location(s) General Aggregate Limit CG 25 04 03 9] (2 pages)
^ Additional Insuretl 20 26 0] 04
^ Governmental Immunities Endorsement
ACCORD CERTIFICATION OF LIABILITY INSURANCE
IMPORTANT
SPECIMEN
DESIGNATED LOCATION(S)
GENERAL AGGREGATE LIMIT
SPECIMEN
ADDITIONAL INSURED - DESINATED
PERSON OR ORGANIZATION
CITY OF DUBUQUE, IOWA
GOVERNMENTAL IMMUNITIES ENDORSEMENT
Nnnwaivar of C,nvc nmr!nt71 ImmnniN The insurance carrier expressly agrees and
states that the purc`lase of this policy and the including of the City of Dubuque, Iowa
an Atlditional Insured tloes not waive any of the defenses of governmental
unity available to the City of Dubuque, Iowa antler Code of Iowa Section 670 4
s it is now exists and as it may be amended from lime to time.
The insurance carrier further agrees that this policy of insurance
shall cover only those claims not subject to the tlefense of governmental immunity
under the Code of Iowa Section 670 4 as it now exists and as it may be amended
from time to lime. Those claims nci subject to Code o(lowa Section 670.4 shall be
cpoveretlppby the terms and conditions of ihls insurance policy.
fora serl'nf t;nvPmmant ImmnniN The City of Dubuque, Iowa shall be respcnsible
ing any tlefense of governmental immunity, and may do so at any time antl
shall do so upon the timely writlen request of the insurance carrier.
Nnn-Danialnf Cnvarane. The insurance carrier shall nci deny coverage under this
policy antl the insurance carrier shall not deny any of the rights antl benefits
uing to the Gity of Dubuque, Iowa under this policy for reasons of governmental
unity unless and until a toad of competent juristliciion has ruled In favor of the
defense(s) of governmental immunity asserted by the City of Dubuque, Iowa.
No Other Change in PolicyThe above preservation of governmental immunities shall
not otherwise change or alter the coverage available under the policy.
SPECIMEN