Dubuque Water Ski Club Lease AmendmentT®: The Honorable Mayor and City Council Members
F®M: Michael C. Van Milligen, City Manager
SU JECT: Lease with the Dubuque Water Ski Club
®ATE: April 14, 2009
Leisure Services Manager Gil Spence recommends City Council approval of the annual
lease with the Dubuque Water Ski Club.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Gil D. Spence, Leisure Services Manager
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TO: Michael C. Van Milligen, City Manager
F
SRO : Gil D. Spence, Leisure Services Manage,,,,
StJEJ CT: Lease with the Dubuque Water Ski Club
ATE: Ap~i~ ~4, 2®~
ITS IJCTlO
The purpose of this memorandum is to request City Council approval of the annual
lease with the Dubuque Water Ski Club for a section of Schmit Island.
lSCUSSI
The Dubuque Water Ski 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 and has worked very well for both organizations.
Main points of the lease include:
Annual lease with $500 rental fee
® Club is responsible for building and grounds maintenance except the City mows t61e
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 S, two work boats, and one Dragon Boat.
The Club has worked hard to improve the appearance of the leased area the past few
years and has worked with the Dragon Boat Association on shared use of the leased
area. They also work with our department to offer water skiing lessons for children.
ACTI STEP
The action step is that the City Council approve the attached lease agreement with the
Dubuque Water Ski Club.
GDS:et
attachment
LEASE AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
DUBUQUE WATER SKI CLUB
This Lease Agreement, dated for reference purposes the day of ,
2008, 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 Ski Club (Club), whose address for the purpose of this Lease is 1980
Amelia Drive, Dubuque, Iowa, 52001.
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 ski club; and
WHEREAS, it is deemed to be in the best interest of both parties to this agreement
and to the public in general that Club lease the Leased Premises.
NOW, THEREFORE, the parties hereto mutually agree as follows:
SECTION 1. TERM OF LEASE AGREEMENT.
This Lease Agreement shall be for a term of one (1) year, commencing at midnight on April
30, 2009, and terminating at midnight on April 30, 2010.
SECTION 2. RENT.
The annual rental of $500.00 shall be paid to City on or before the 1st day of May, 2009.
SECTION 3. USE OF THE LEASED PREMISES.
Club agrees that during the term of the Lease Agreement, the Leased Premises shall be
used exclusively for recreational and conservational purposes and associated activities.
Club shall not allow the Leased Premises to be occupied or used by any other individual,
group, organization or agencywithoutthe priorwritten permission of City's Leisure Services
Manager.
SECTION 4. GROUNDS AND BUILDING MAINTENANCE.
4.1 Club shall be responsible for and shall perform all roadway maintenance deemed
necessary by Club from the access point from the Hilton Garden Inn parking for Club's use.
4.2 Club shall be responsible for and shall perform all grounds maintenance and
maintenance of improvements on the Leased Premises, including but not limited to
032607ba1
walkway, tree, flowerbed, and general grounds maintenance. City shall mow the grass in
the Leased Premises area, but Club shall trim around all trees, buildings, campers, boats,
and other obstructions.
4.3 Club shall 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 shall remain on the Leased Premises upon
termination of this Lease and shall then become the property of City. Club shall not make
any material improvements or modifications to the Leased Premises without the prior
written approval of City's Leisure Services Manager, which approval shall not be
unreasonably withheld.
4.5 All improvements made by Club shall 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.
SECTIN 5. UTILITIES AND REFUSE.
Club shall pay when due all costs of all utilities serving the Leased Premises. City shall
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 and within the use stated in Section 3, shall be with Club.
6.2 Club agrees that all monies and contributions derived from the use of the Leased
Premises shall be used to operate, maintain, and improve the Leased Premises.
SECTION 7. CONTROL AND ACCESS
7.1 Club shall have the authority to limit general public access to the Leased Premises
to best suit its purposes. Club shall 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 to six allowed on site at any one time and to limit any stay
to no longer than thirty (30) consecutive days. At the end of a thirty-day stay, Club
shall require that a camper must leave the Leased Premises for at least afive-day
period. Club shall require that all camping units be in the same location, that
location being agreed upon by Club and City's Leisure Services Manager.
032607ba1 2
(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
shall require that all boats be in the same location, that location being 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 agrees not to 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 shall allow access
to the Leased Premises for utility service installations, subject to approval by City's Leisure
Services Manager. Club's water system shall be tested by City's Health Services Manager
at the request of Club or City, and a certificate of testing shall be filed with City's Leisure
Services Manager.
7.3 Any rights granted herein to Club are further subject fio right of City, or its authorized
agents or contractors to enter upon the Leased Premises to carryon 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 shall not use the Leased Premises for commercial purposes, except for such
purposes which are related to Club's designated sport of waterskiing. Commercial uses of
the Leased Premises shall 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 shall provide padlocks for the control gate and shall 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 shall provide insurance during the term of this Lease Agreement as required by the
attached Insurance Schedule.
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.
032607ba1 3
SECTION 10. ASSIGNABILITY.
Club shall not assign or transfer any interest in this Lease Agreement 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.
SECTION 11. TERMINATION.
11.1 !n the event either party shall fail 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 shall not be 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 shall be reasonable under the circumstances, and as shall be 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 shall have the right to re-
enterthe 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.
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 ®UE~~J~UE, IOWA
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By:
Roy .~uol, Mayor
sy:
eanne F. Schneider, City Clerk
®UUQUE WATER SI{I CLUE
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032607ba1 4
INSU ANCE CHE ULE
INSURANCE REQUIRE EN°T R TENANTS A LES EE ®F CITY
PRPERTY R VENRS (SUPLIE , S !/ICE PRVIERS) T THE
CITY ® ®U UQUE
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) day
advance 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 supersedes the standard cancellation statement on the
Certificate of Insurance.
3. shall furnish a signed Certificate of Insurance to the
City of Dubuque, Iowa for the coverage required in Paragraph 6 below. Such
certificates shall include copies 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 certificate shall be submitted to the contracting department of the City
of Dubuque.
5. Failure to provide minimum coverage shall not be deemed a waiver of these
requirements by the City of Dubuque. Failure to obtain or maintain the
required insurance shall be considered a material breach of this agreement.
6. shall be required to carry the following minimum
coverage/limits or greater if required by law or other legal agreement:
a) C CIAL NERAL LIB, ILITY
General Aggregate Limit $2,000,000
Products-Completed Operations Aggregate Limit $1,000,000
Personal and Advertising Injury Limit .$1,000,000
Each Occurrence Limit $1,000,000
Fire Damage Limit (any one occurrence) $ 50,000
Medical Payments $ 5,000
This coverage shall be written on an occurrence, not a claims made form.
Form CG 25 04 03 97 "Designated Location (s) Genera! Aggregate Limit"
shall be included. All deviations or exclusions from the standard ISO
commercial general liability form CG 0001, or Business Owners form BP
0002, shall be clearly identified.
Governmental Immunity Endorsement identical or equivalent to form
attached.
Additional Insured Requirement:
The City of Dubuque, including al! its elected and appointed officials, all itv
employees and volunteers, all its boards, commissions and/or authorities
and their board members, employees and volunteers shall be named as
an additional insured on General Liability Policies using ISO endorsement
CG 20 26 0704 "Additional Insured -Designated Person or Organization,"
or it's equivalent. -See Specimen
b) ORE S' CO PE~ISTIP~ E PLOVERS LIABILI~
Statutory for Coverage A
Employers Liability:
Each Accident $100,000
Each Employee -Disease $100,000
Policy Limit -- Disease $500,000
c) lJ RELLA EXCESS LIA ILI ~'Y
LIMO SH P LIA IL,ITY
Coverage to be determined on a case by case basis by Finance Director.
Complete®n Checli~t
^ Certificate of Liability Insurance (2 pages)
^ Designated Location(s) General Aggregate Limit CG 25 04 03 97 (2 pages)
^ Additional Insured 20 26 07 04
^ Governmental Immunities Endorsement
CBTo( F lJ U , I ~.
GilR ~J~'AL I UNITIES S E T
Nonwaiver of Governmental Immunity. The insurance carrier expressly
agrees and states that the 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 insurance carrier 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. Asserfiion 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
insurance carrier.
4. Non-Denial of Coverage. The insurance carrier shall not deny coverage under
this policy and the insurance carrier 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.
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