National Guard Lease Rivervi PkMEMORANDUM
April 30, 2002
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council Members
Michael C. Van Milligen, City Manager
National Guard Lease Agreements
Operations and Maintenance Manager Don Vogt recommends approval of the Lease
Agreements with the Iowa National Guard that would allow the Guard to conduct water
purification drills at Miller Riverview Park and on the Hawthorne Street Peninsula on
May 17 -19, August 16 - 18, and September 13 - 15 of this year.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Don Vogt, Operations and Maintenance Manager
CITY OF DUBUQUE, IOWA
MEMORANDUM
April 26, 2002
TO:
FROM:
SUBJECT:
Michael C. Van Milligen, City Manager
Don Vogt, Operations and Maintenance Manager
National Guard Lease Agreements
INTRODUCTION
The purpose of this memorandum is to submit to you lease agreements with the Iowa
National Guard for your consideration and approval. The lease agreements allow the
Guard to conduct water purification drills at Miller Riverview Park and on the Hawthorne
peninsula on May 17th - 19th, August 16th - 18th, and, September 13th - 15th of this
year.
DISCUSSION
In February, Leisure Services Manager Gil Spence, Water Department Manager Bob
Green, Park Division Manager John Hail, Street and Sewer Maintenance Supervisor
John Klostermann and I met with the Guard's Sergeant Jefferey Schwendinger at the
noted sites to discuss the viability for shared use on the noted dates. It was agreed that
the locations could accommodate the Guard with minimal impact on other users. It was
also determined that the Guard would not be allowed to use e'rther site if a festival or
other major event is scheduled for the same time period.
Since then, lease documents previously submitted by the Guard have been reviewed
and approved by Corporation Counsel Barry Lindahl. I have also affirmed with the City
Clerk's office that no festivals or special events are scheduled for the noted sites and
dates.
RECOMMENDATION
Staff recommends that the attached lease agreements be approved by you and the City
Council.
cc: Barry Lindahl, Corporation Counsel
Gil Spence, Leisure Services Manager
Bob Green, Water Department Manager
· 1555th WATER PURIFICATION DETACHMENT
IOWA ARMY NATIONAL GUARD
1035 RADFORD ROAD
DUBUQUE, IA 52002-9323
08 March 2002
MEMORANDUM FOR: The City of Dubuque, City Manager, City Council and Leisure
Services Department
SUBJECT: Dates for use of Miller Riverview Park and Hawthorne Peninsula
In response to your letter dated 20 February, this unit would like to use the
aforementioned areas on 17-19 May 2002, 16-18 August 2002, and 13-15 September
2002. We would plan on arriving at these sites on Fridays between 08:00-09:00 p.m. and
we would be departing the site by 12:00 p.m. on Sundays. Please contact us as to the
availability of these areas on the dates we requested.
Prior to use of these areas we will need the formal copies of the lease agreements. Please
forward as soon as possible, when these documents are signed.
Point of contact for this matter is the undersigned at (563)-582-571
FOR THE COMMANDER:
JEFFERY D. SCHWENDINGER
SFC, IA ARNG
Readiness NCO
AGREEMENT
1. NATURE OF THIS AGREEMENT: This is an Agreement for the use of real property,
referred to as the "real estate", located at Hawthorne Street Boat Ramp, Dubuque, Iowa,
and shown in exhibit A attached hereto.
2. PARTIES TO THIS AGREEMENT: In this Agreement, the Iowa National Guard shall be
referred to as the "GUARD" and the City of Dubuque, Iowa, the owner of the land, shall be
referred to as the "LANDLORD".
3. The GUARD and the LANDLORD also agree to the following:
a. The GUARD's use of the real estate described in this Agreement shall be limited
to: training by GUARD personnel and units of the Iowa National Guard; and entry and exit
from the real estate;
b. The GUARD's use of the real estate shall be exclusive; that is, during those time
periods when the GUARD is using the real estate, the LANDLORD shall not give permission
to any other person or entity to enter the real estate without prior coordination with the
training area commander. The GUARD shall make use of the real estate during those times
required for the mission during training periods and at such other times as may be agreed by
the GUARD, through its training area commander, and the LANDLORD.
c. The GUARD may construct such facilities as may be required for the training
mission. All structures provided by the GUARD will remain the property of the GUARD and
upon termination of this Agreement will be removed and the real estate will be restored by
the GUARD to a condition similar to the condition of the real estate before this Agreement
was entered. The GUARD retains the right, with the concurrence of the LANDLORD, to
abandon any structures built by the GUARD. In the event of such abandonment, such
structures will become the property of the LANDLORD, although the LANDLORD will owe
the GUARD no compensation for those structures.
d. During its occupancy of the real estate, the GUARD will abide by standard
operating procedures and/or pertinent polices and/or controlling regulations pertaining to
operations and training of the Iowa National Guard. The GUARD, acting through its
designated training area commander, will, as needed, publish appropriate regulations and
orders to ensure the protection of fences, buildings and other facilities, livestock, crops,
equipment, and supplies owned or maintained by the:LANDLORD and to provide every
possible protection against damage to LANDLORD's property. LANDLORD agrees, however,
that he understands the nature of military operations and, despite the best efforts of the
GUARD, some damage may occur to LANDLORD's real estate and property.
e. Access roads or trails within the mai estate may be created by the GUARD only
after agreement, in writing, is signed by the parties, that is, the GUARD, through its training
area commander and the LANDLORD.
f. The GUARD and the LANDLORD also agree that (delete if inapplicable)
4. TERM OF AGREEMENT: The GUARD shall have the right to occupy the real estate and
make use of the real estate for such periods of training as the GUARD deems appropriate
Iowa ARNG Form 350-44, Agreement
and upon 30 days written notice to the LANDLORD; for the term beginning 01 November
2001, and ending 31 October 2002, and automatically from year-to-year thereafter, unless a
party shall give the other notice of termination, in writing, as specified in paragraph 6 below.
5. RELEASE, INDEMNITY, HOLD HARMLESS:
a. In regard to persons who enter the real estate with the express permission of the
LANDLORD, the LANDLORD shall defend, indemnify and hold harmless the GUARD against
any and all claims, demands, suits, or losses, which result from the GUARD'S use of the real
estate.
b. In regard to persons who enter the real estate other than with the express
permission of the LANDLORD, the GUARD, in accordance with the Federal Tort Claims Act,
28 U,S.C. sections 2671 through 2680 or Article VII, Section I of the Iowa Constitution
and the State Tort Claims Act, Iowa Code chapter 669, shall defend, indemnify, and hold
harmless the LANDLORD against any and all claims, demands, suits, or losses, which result
from the GUARD'S use of the real estate.
6, TERMINATION: This Agreement may be terminated on the annual renewal date by either
the GUARD or the LANDLORD by providing the other party at least sixty (60} days written
notice, via certified, return-receipt-requested United States Mail.
7. On or before the date of expiration of this Agreement, as described in paragraph 4 above,
the GUARD shall vacate the real estate, remove all GUARD structures and. property~ and
restore the real estate to a condition similar to the condition of the real estate before this
Agreement was entered,
8, The GUARD hereby designates LTC Steve R. Huston as the training area commander and
as the representative of the GUARD for the purposes of this Agreement.
9. This Agreement shall become binding and effective upon approval by the State of Iowa
Armory Board.
DATED THIS DAY OF , 20__.
LTC Steve R. Huston (name)
Commander, 134th Quartermaster Battalion (title)
Camp Dodge, 7700 NW Beaver Drive (address)
Johnston, IA §0131-1902
Iowa ARNG Form 350-44, Agreement
STATE OF IOWA
COUNTY OF DUBUQUE
SS.
On this day of 2001 before me, the undersigned, a Notary Public in and for
the State of Iowa, personally appeared , to me persona§y
known, and, who, being by me duly sworn, did say that (he/she} is the
of the CITY OF DUBUQUE, iOWA; that the seal affixed to the foregoing instrument is the
corporate seal of the corporation, and that the instrument was signed and sealed on behalf
of the corporation, by authority of its City Council, and that
acknowledged the execution of the instrument to be (his/her) voluntary act and deed and
the voluntary act and deed of the corporation by it voluntarily executed.
Notary Public in and for the State of Iowa
STATE OF IOWA )
)
COUNTY OF POLK ) ss.
On this day of , 2001, before me, a Notary Public in and for the State of
Iowa, personally appeared LTC David E. Lindberg; to me personally known, and being by me
duly sworn, did voluntarily execute the instrument on behalf of the Iowa National Guard and
acknowledged the execution of said instrument to be the voluntary act and deed of the Iowa
National Guard by it voluntarily executed.
Notary Public
Iowa ARNG Form 350-44, Agreement
TO: State Quartermaster
Recommend approval/disapproval,
Plans
(Date)
Deputy Chief of Staff for Operations and
TO: AGIA-DCSOPS
Approved/disapproved,
FOR THE ADJUTANT GENERAL / ARMORY BOARD:
(Date)
State Quartermaster
Iowa ARNG Form 350-44, Agreement
AGREEMENT
1. NATURE OF THIS AGREEMENT: This is an Agreement for the use of real property,
referred to as the "real estate", located at River View Park, Dubuque, Iowa, and shown in
exhii)it A attached hereto.
2, PARTIES TO THIS AGREEMENT: In this Agreement, the'Iowa National Guard shall be
referred to as the "GUARD" and the City of Dubuque, Iowa, the owner of the land, shall be
referred to as the =LANDLORD%
3. The GUARD and the LANDLORD also agree to the following:
a. The GUARD's use.of the real estate described in this Agreement shall be limited
to: training by GUARD personnel and units of the iowa National Guard; and entry and exit
from the real estate;
b. The GUARD's use of the real estate shall be exclusive; that is, during those time
periods when the GUARD is using the real estate, the LANDLORD shall not give permission
to any other person or entity to enterthe real estate without prior coordination with the
training area commander. The GUARD shall make use of the real estate during those times
required for the mission during training periods and at such other times as may be agreed by.
the GUARD, through its training area commander, and the'LANDLORD.
c. The GUARD may construct such facilities as may be required for the training
mission. All structures provided by the GUARD will remain the property of the GUARD and
upon termination of this Agreement will be removed and the real estate.will be restored by
the GUARD to a condition similar to the condition of the real estate before this Agreement
was entered. The GUARD retains the right, with the concurrence of the LANDLORD, to
abandon any structures built by the GUARD. In the event of such abandonment, such
structures will become the property of the LANDLORD, although the LANDLORD will owe
the GUARD no compensation for those structures.
d. During its occupancy of the real estate, the GUARD will abide by standard
operating procedures and/or pertinent polices and/or controlling regulations pertaining to
operations and training of the Iowa National Guard. The GUARD, acting through its
designated training area commander, will, as needed, publish appropriate reguiations and
orders to ensure the protection of fences, buildings and other facilities, livestock, crops,
equipment, and supplies Owned or maintained by the LANDLORD and to provide every
possible protection against damage to LANDLORD's property. LANDLORD'~grees; however,
that he understands the nature Of military operations and, despite the best efforts of the
GUARD, some damage may occur to LANDLORD's real estate and property.
e. Access roads or trails within the real estate may be created by the GUARD only
after agreement, in writing, is signed by the parties, that is, the GUARD, through its training
area commander and the LANDLORD.
f. The GUARD and the LANDLORD also agree that (delete if inapplicable)
4. TERM OF AGREEMENT: The GUARD shall have the right to occupy the real estate and
make use of the real estate for such periods of training as the GUARD deems appropriate
and upon 30 days written notice to the LANDLORD; for the term beginning 01 November
2001, and ending 31 October 2002, and automatically from year-to-year thereafter, unless a
party shall give the other notice of termination, in writing, as specified in paragraph 6 below.
5. RELEASE. INDEMNITY, HOLD HARMLESS:
a. In regard to persons who enter the real estate with the express permission of the
LANDLORD, the LANDLORD shall defend, indemnify and hold harmtess the GUARD against
any and all claims, demands, suits, or losses, which result from the GUARD'S use of the real
estate.
b, In regard to persons Who enter the real estate other than with the express
permission of the LANDLORD, the GUARD, in accordance with the Federal Tort Claims Act,
28 U.S.C. sections 2671 through 2680 or Article VII, Section 1 of the Iowa Constitution
and the State Tort Claims Act, Iowa Code chapter 669, shall defend, indemnify, and hold
harmless the LANDLORD against any and all claims, demands, suits, or losses, which result
from the GUARD'S use of the real estate.
6. TERMINATION: This Agreement may be terminated on the annual renewal date by either
the GUARD or the LANDLORD by providing the other party 'at'least sixty (60) days written
notice, via certified, return-receipt-requested United States Mail.
7. on or before the date of expiration of this Agreement, as described in paragraph 4 above,
the GUARD shall vacate the real estate, remove all GUARD structures and property, and
restore the real estate to a condition similar to the condition of the real estate before this
Agreement was entered.
8. The GUARD hereby designates LTC Steve R. Huston as the training area commander and
as the representative of the GUARD for the purposes of this Agreement.
9. This Agreement shill become binding and effective upon approval by the State of Iowa
Armory Board.
DATED THIS DAY OF , 20__.
LTC Steve R. Huston (name)
Commander, 134~ Quartermaster Battalion (title)
Camp Dodge, 7700 NW Beaver Drive (address)
Johnston, IA 50131-1902
STATE OF IOWA )
)
COUNTY OF DUBUQUE ) ss.
On this __ day of ,2001 before me, the undersigned, a Notary Public in and for
the State of Iowa, personally appeared , to me personally
known, and, who, being by me duly sworn, did say that (he/she} is the
of the CITY OF DUBUQUE, IOWA; that the seal affixed to the foregoing instrument is the
corporate seal of the corporation, and that the instrument was signed and sealed on behalf
of the corporation, by authority of its City Council, and that
acknowledged the execution of the instrument to be {his/her) voluntary act and deed and
the voluntary act and deed of the corporation by it voluntarily executed.
Notary Public in and for the State of Iowa
STATE OF IOWA )
)
COUNTY OF POLK ) ss.
On this __ day of , 2001, before me, a Notary Public in and for the State of
Iowa, personally appeared LTC David E. Undberg, to me personally known, and being by me
duly sworn, did voluntarily execute the instrument on behalf of the Iow~ National Guard and
· acknowledged the execution of said ins'~rument to be the 9oluntary act and deed of the Iowa
National Guard by it voluntarily executed.
Notary Public
Iowa ARNG Form 350-44, Agreement
TO: State Quartermaster
Recommend approval/disapproval.
(Date)
Plans
Deputy Chief of Staff for Operations and
TO: AGIA-DCSOPS
Approved/disapproved.
FOR THE ADJUTANT GENERAL ! ARMORY BOARD:
(Date)
State Quartermaster
iowa ARNG Form 350~44, Agreement