Hillcrest use Murphy Pk LightsMEMORANDUM
June 26,2002
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Agreement with Hillcrest Family Services to use Murphy Park
Hillcrest Family Services has requested to use Murphy Park from November 1, 2002,
through January 12, 2003, to set up a holiday light display. Leisure Services Manager
Gil Spence recommends approval of the usage agreement with Hillcrest Family
Services.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM/jh
Attach merit
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Gil D. Spence, Leisure Services Manager
CITY OF DUBUQUE, IOWA
MEMORANDUM
June 18, 2002
TO: Michael C. Van Milligen, City Manager
FROM: Gil D. Spence, Leisure Services Manager
SUBJECT: Agreement with Hillcrest Family Services to use Murphy Park
INTRODUCTION
The purpose of this memorandum is to request approval from you and the City Council
to enter into an agreement with Hillcrest Family Services for use of Murphy Park.
DISCUSSION
Hillcrest Family Services has requested the use of Murphy Park from November 1st
through January 12th to set up a holiday light display. Hillcrest will use the display as a
fundraiser for their organization. Since this event began in 1995 more than 426,200
people have visited the event and the total raised for Hillcrest programs stands at
$558,500. Details of the request for public viewing of the displays is as follows:
· major displays will be placed around the park
· hours of operation will be 5:00 to 10:00 p.m.
· open seven days a week
· November 3rd through January 1st
· gate charge would be $7.00 per car
The usage agreement outlines the conditions that are to be followed during this usage
and allows extra days for setup and take down. Murphy Park is closed at this time of
the year so this usage agreement will not deprive anyone usage of the park. Hillcrest
believes the display is a tourist attraction and aids the Chamber's efforts to attract
people to Dubuque during the winter months.
ACTION STEP
The action requested is for you to approve the usage agreement and to ask for City
Council approval and that the mayor be authorized to sign it.
GDS:et
AGREEMENT
THIS Agreement is made and executed between the City of Dubuque, Iowa, (City),
a municipal corporation, and Hillcrest Family Services, (Hillcrest), an Iowa corporation with
its principle office in Dubuque, iowa.
WITNESSETH:
WHEREAS, City is the owner of a tract of land known as Louis Murphy Park (Park);
and
WHEREAS, City and Hillcrest d~sire to enter into an Agreement whereby City
9rants permission to Hiltcrest to use the Park, upon the terms and conditions hereinafter
stated;
NOW, THEREFORE, in consideration of the mutual covenants and agreements of
the City and Hillcrest, each to the other, it is agreed as follows:
Section 1. PREMISES. City hereby grants to Hillcrest the right to use the Park as
set forth herein.
Section 2. TERM OF AGREEMENT.
November 1, 2002 through January 12, 2003.
The term of this Agreement shait be
Section 3. RENTAL.
2002, shall be $1.00.
The rental to be paid to City on or before November 20,
Section 4. USE OF PROPERTY. Hillcrest agrees that the Park shall be used only
for a holiday light display whereby viewers will drive or walk through the Park to view the
display. All viewers shall be required to stay on the roadway.
The Leisure Services Manager must gl'ye wi'itten approval to location of displays,'
construction type (if attached to trees or buildings), and alterations to grounds, prier'to
installation. A written plan outlining the above mentioned items shall be submitted '~0 th~
Leisure Services Manager by November 1,2002.
Section 5. GROUNDS AND MAINTENANCE. Hiitcrest shall be responsiblefo~the
following:
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(a.) Prompt snow removal from all park roadways
(b.) All electrical connections for the displays, and the cost of electricity.
(c.) Erection and maintenance of the displays.
(d.) Return of all grounds to their original condition after removal of the displays.
(e.) Prompt trash and litter pickup and remova~ throughout the term of the
Agreement.
(f.) Compliance with all applicable City ordinances, including building and
electrical codes.
Section 6. MANAGEMENT AND CONTROL OF THE PARK. It is agreed and
understood that the City shall have sole management authority and contro! of the Park.
Hillcrest shall be solely responsible for controlling admission to the Park and may charge
an entrance fee.
Section 7. INSURANCE. Any policy of insurance or certificate of insurance
required hereunder shall be with a carrier authorized to do business in Iowa and a carrier
that has received a rating of A or better in the current Best's Rating Guide.
Any policy of insurance required hereunder shall provide for a thirty-day notice to
the City of any material change or cancellation of the policy prior to its expiration date.
Hillcrest shall have its insurance agent or company certify in writing that any policy
of insurance required herein with an aggregate limit of liability has not been reduced by
paid or reserved claims at the time of issuance of policy or certificate.
Hillcrest shall furnish copies of the following policies to the City, with limits not less
than the following, or greater if required by law, and shall also furnish certificates of
insurance from all independent contractors of subcontractors hired by Hillcrest or any
independent contractor 'or subcontractor hired by the independent contractor or
subcontractor, which certificates shall provide evidence of coverage for the following, with
limits not less than the following, or greater if required by law:
COMMERCIAL GENERAL LIABILITY:
General Aggregate Limit
Products-Completed Operation Aggregate Limit
Personal and Advertising Injury Limit
Each Occurrence Limit
Fire Damage Limit (any one occurrence)
Medical Payments
OR
Combined Single Limit
Medical PaYments .
$ 2,000,000
$ 1,000,000
$ 1,000,000
$ 1,000,000
$ 50,000
$ 5,000
$ 2,000,000
$ 5,o00'
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Coverage is to include: occurrence form, premises/operations/products/completed
operations coverage, independent contractors' coverage, contractual liability, broad form
property damage, personal injury, City of Dubuque named as an additional insured with 30
days' written notice of change or cancellation.
Section 8. INDEMNITY. Hillcrest agrees to save, defend, indemnify and hold
harmless City, its officers, agents and employees, against any and all loss, damage,
claims, causes of action, judgements, costs and expenses that City may hereafter suffer,
incur, be put to, pay or lay out by reason of performance c~r lack of performance by
Hillcrest and/or its agents and employees of the conditions of this Agreement.
Section 9. ASSI6NABILITY. Hillcrest shall not assign or transfer any interest in
this Agreement without the prior written approval of City.
Section 10. TERMINATION. In the event Hillcrest shall fail to keep, performand
observe in a timely and proper manner any.of its covenants or obligations under this
Agreement, City may, at its option, terminate this Agreement immediately, by giving twenty-
four hours notice to Hillcrest, in which event Hillcrest shall immediately remove alt of its
displays or other equipment from the Park and restore the premises to their original
condition.
Signed in duplicate by the parties hereto.
Dated this day of ,2002.
ATTESTED:
JEANNE F. SCHNEIDER, CITY CLERK
By:
CITY OF DUBUQUE, IOWA
HILLCREST F,.AMILY SERVICES
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