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Iowa National Guard Traning_Roosevelt ParkTO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Iowa National Guard Training at the former Roosevelt Park DATE: August 10, 2009 Leisure Services Manager Gil Spence recommends City Council approval of a Usage Agreement with the Iowa National Guard allowing the Guard to do training at the former Roosevelt Park. This Usage Agreement would be in effect from August 17, 2009 through August 16, 2014. 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 TO: Michael C. Van Milligen, City Manager FROM: Gil D. Spence, Leisure Services Manager SUBJECT: Iowa National Guard Training at the forme Roosevelt Park DATE: August 10, 2009 INTRODUCTION The purpose of this memorandum is to ask the City Council to approve a usage agreement with the Iowa National Guard allowing the Guard to do training at the former Roosevelt Park. DISCUSSION The Iowa National Guard started using this site for training in 2001 and it has worked out very well for them. Neither the Model Airplane Club nor the Storybook Hill Children's Zoo is impacted by this Agreement and the termination clause makes it easy for us to end the agreement should we need to. ACTION STEP The action requested is that the City Council approve the attached Usage Agreement with the Iowa National Guard. GDS:et Usage Agreement 1. NATURE OF THIS AGREEMENT: This is an Agreement for the use of real property, referred to as the "real estate", located at: (legal description or address or information sufficient to describe the real estate goes here) 2. PARTIES TO THIS AGREEMENT: In this Agreement, the Iowa National Guard shall be referred to as the "GUARD" and CITY OF DUBUQUE ,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 includes: 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 allow any other person or entity upon 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 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 4. TERM OF AGREEMENT: The GUARD shall have and occupy the real estate and make use of the real estate for the term beginning 17AUG2009 and ending _16AUG2014 ,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: In regard to persons who enter the real estate in violation of paragraph 3 b of this Agreement: a. LANDLORD releases GUARD from any claim of liability, settlement, suit, verdict and/or judgment for death, personal injury and/or property damage of any kind which may be sustained by any person or entity and which may result, directly or indirectly, from any action taken by GUARD relative to any of LANDLORD's real estate, equipment, persons or vehicles located on or adjacent to the real estate. Iowa ARNG Form 350-44, No Fee Lease Agreement INGR 350-1 • Date b. LANDLORD promises to indemnify GUARD against any demands, claims, settlements, suits, verdicts and/or judgments which may arise and which may result, directly or indirectly, from any action taken by GUARD relative to any of LANDLORD'S real estate, equipment, persons or vehicles located on or adjacent to the real estate. c. LANDLORD promises to hold GUARD harmless from any demands, claims, settlements, suits, verdicts and/or judgments which may arise and which may result, directly or indirectly, from any action taken by GUARD relative to any of LANDLORD's real estate, equipment, persons or vehicles located on or adjacent to 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 properly, 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 SFC TIM FIEDLER 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 TRAINING SITE COMMANDER LANDLORD Address City, State, Zip Iowa ARNG Form 350-44, No Fee Lease Agreement -Continued INGR 350-1 • Date 2 ~- TO: AGIA-DCSOPS ApprovaUDisapproval. (Date) Deputy Chief of Staff of Operations TO: State Quartermaster Approved/Disapproved. FOR THE ADJUTANT GENERAL /ARMORY BOARD: (Date) State Quartermaster Iowa ARNG Form 350-44, No Fee Lease Agreement -Continued INGR 350-I • Date 90