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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