Signed Contract_Dubuque Water Sports Club Lease for Chaplain Schmitt Island Copyrighted
April 3, 2017
City of Dubuque Consent Items # 21.
ITEM TITLE: Signed Contracts
SUMMARY: Dubuque Jaycees Lease for Veterans' Memorial Park
Community Garden; Dubuque Water Sports Club Lease for
a section of Chaplain Schmitt Island
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File
ATTACHMENTS:
Description Type
Dubuque Jaycees Lease Supporting Documentation
Dubuque Water Sports Club Lease Supporting Documentation
THE CITY OF Dubuque
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Masterpiece on the Mississippi 2007-2012-2013
TO: Michael C. Van Milligen, City Manager
FROM: Marie L Ware, Leisure Services Manag e ,
SUBJECT: Dubuque Water Sports Club Lease
DATE: March 15, 2017
INTRODUCTION
The purpose of this memorandum is to request your signature on the annual lease
with the Dubuque Water Sports Club for a section of Schmitt Island.
DISCUSSION
The Club has leased a section of Schmitt Island, next to Heron Pond by the Hilton
Garden Inn, for many years. The attached lease agreement is the same as last
year's agreement except for a $10.00 increase in rental fee. The annual lease is a
$535 rental fee. The Club is responsible for building and grounds maintenance
except the City mows the grass and picks up the trash. Club members pay 50% of
the per night camping fee at Miller Riverview Park to camp on the leased grounds.
Camping units are limited to 6 on site and stays are limited to not more than 30
days. Overnight parking of boats is limited to 8, two work boats, and one
Dragon Boat. The Club reports increased use by paddle sports in the last year.
The lease agreement has been reviewed and approved by City Attorney Barry
Lindahl. Barry said the lease does not need City Council approval since the term
is for one year. The Park and Recreation Commission approved recommending the
Lease at their March meeting. I consulted Maurice Jones and he advised no work
related to Chaplain Schmitt Island was to take place during the lease term.
RECOMMENDATION
I respectfully recommend you sign the attached lease agreement with the
Dubuque Water Sports Club then give to Kevin Firnstahl so it may be placed
on the April 3rd Council agenda as a signed agreement.
MLW:et
attachment - Lease
cc Steve Fehsal, Park Division Manager
Kevin Firnstahl, City Clerk
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ORIGINAL
LEASE AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
DUBUQUE WATER SPORTS CLUB
This Lease Agreement, dated for reference purposes the of i// ,
2017, is made and entered into by and between the City of Dubuque, Iowa ("City"), 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 Agreement will be fora term
of one (1) year, commencing at midnight on April 30, 2017, and terminating at 11:59 p.m.
on April 29, 2018.
SECTION 2. RENT. The annual rental of $535.00 must be paid to City on or before the
1st day of May, 2017.
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 Leased Premises, including but not limited to
walkway, tree, flowerbed, 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.
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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.
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
conformity with all applicable federal, state or municipal statutes and ordinances, and rules
and regulations of the Park and Recreation Advisory Commission of City. Club will be
responsible for inspecting and ensuring that all improvements comply with all applicable
federal, state or municipal statutes and ordinances, and rules and regulations of the Park
and Recreation Advisory Commission of City.
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 Day.
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 Miller Riverview 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.
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(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 assign or transfer 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.
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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
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.
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
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
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:
Michael C. an Milligen President DWSC
City Manager
By:
Keviii S. Eirn`itahl, City Clerk
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Printed Warne
FAUsers\tstecklelindahl\Agreements\WATER SPORTS CLUB APR 2017 TO APR 2018_022417.doc
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EXHIBIT A
EXHIBIT B
INSURANCE SCHEUDLE AA
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City of Dubuque Insurance Requirements for Lessees of City Property and Right of Way
Licensees or Permitees
Insurance Schedule AA
1. shall furnish a signed certificate of insurance to the City of Dubuque,Iowa for the
coverage required in Exhibit I prior to the lease,license,or permit commencement.All lessees of city
property and right of way licensees or permittees shall submit an updated certificate annually.Each
certificate shall be prepared on the most current ACORD form approved by the Iowa Insurance Division or
an equivalent.Each certificate shall include a statement under Description of Operations as to why the
certificate was issued.Eg: Project if 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 an insurer authorized to do business in Iowa and
all insurers shall have a rating of A or better in the current A.M.Best!s Rating Guide.
3. Each certificate shall be furnished to the Department of the City of Dubuque.
4. The lessee,licensee,or permittee shall be required to carry the minimum coverage/limits,or greater if
required by law or other legal agreement,in Exhibit 1.Failure to provide the required minimum coverage
shall not be deemed a waiver of such requirements by the City of Dubuque.
5. Failure to obtain or maintain the required insurance shall be considered a material breach of the lease,
license,or permit.
6. All required endorsements shall be attached to certificate.
7. Whenever a specific ISO form is referenced the current edition of the form must be used unless an
equivalent form is approved by the Finance Director.The lessee,licensee,or permittee must identify and
list in writing all deviations and exclusions from the ISO form.
8. if lessee's,licensee's,or permittee's limits of liability are higher than the required minimum limits then
the lessee's,licensee's,or permittee's limits shall be this agreement's required limits.
Page 1 of 4 Schedule AA Lessees Of City Property;Right Of Way Licensees 022217bal
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City of Dubuque Insurance Requirements for Lessees of City Property and Right of Way
Licensees or Permitees
Insurance Schedule AA (continu
Exhibit I
A) COMMERCIAL GENERAL LIABILITY
General Aggregate Limit X2,000 GOO
Products-Completed Operations Aggregate Limit $1,000,000
Personal and Advertising injury Limit $1,000,0o0
Each Occurrence $1,G00,000
Fire Damage Limit(any one occurrence) $ 50,000
Medical Payments $ 5,000
a) coverage shall be written on an occurrence,not claims made,form..The general liability
coverage shall be written in accord with ISO form C-60001 or business owners form BP 02;,
All deviations from the standard ISO commercial general liability form CG 0001,or Business
owners form BP G002,shall be clearly identified.
b) include ISO endorsement form CG 25 04"Designated Location(s)General Aggregate Limit."
c) include endorsement indicating that coverage is primary and non-contributory.
d) Include Preservation of Governmental Immunities Endorsement(Sample attached).
e) include an endorsement that deletes anyfellow 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 ISO form CG 2010(Ongoing operations)or its
equivalent.
g) if lessee,licensee,or permittee 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 an 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,C100
Policy Limit-Disease $500,000
Policy shall include Waiver of Rightto Recover from Others endorsement.
Nonelection of Workers'Compensation or Employers' Liability Coverage under Iowa Code sec.87.22
yes_form attached
C) Pollution Liability Coverage required: _yes no
Pollution liability coverage shall be required If the lessee,contracting party,or permittee has any
pollution exposure for abatement of hazardous or contaminated materials including,but not limited
to,petroleum products,the removal of lead,asbestos,or PCBs.Pollution product and completed
operations coverage shall also be covered.
$2,000,000 each occurrence
$4,000,000 policy aggregate
Page 2 of 4 Schedule AA Lessees Of City Property;Right Of Way Licensees
City of Dubuque Insurance Requirements for Lessees of City Property and Right of Way
Licensees or Permitees
a) Policy to include premises and transportation coverage.
b) include additional insured as stated in A(f),
c) include Preservation of Governmental Immunities Endorsement.
d) Provide evidence of coverage for 5 years after completion of project.
D) Property insurance required by tease,license,or permit
Evidence of prop"coverage provided yes
Page 3 of 4 Schedule AA Lessees Of City Property;Right Of Way Licensees 022217bal
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City of Dubuque Insurance Requirements for Lessees of City Property and Right of Way
Licensees or Permitees
Preservation of Governmental Immunities Endorsement
1. Nonwaiverof Governmental Immunity.The insurer expressly agrees and states thatthe 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 insurer further agrees that this policy of insurance shall cover only those
claims not subject to the defense of governmental immunity under the 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 insurer.
4. Non-Denial of Coverage.The insurer shall not deny coverage under this policy and the insurer 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 4 of 4 Schedule AA Lessees Of City Property;Right Of Way Licensees 022217bal
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