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Clarke College Usage Agreement_Veterans' Memoral Park Field #2THE CITY OF Dubuque ~• DUB E "p-~~~~~ 1 Masterpiece on the Mississippi 2007 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Usage Agreement with Clarke College for Veterans' Memorial Park Field 2 DATE: December 11, 2009 Leisure Services Manager Gil Spence recommends City Council approval to negotiate a Usage Agreement with Clarke College for softball field 2 in Veterans' Memorial Park. Highlights of the agreement include: • Three-year agreement, no fee. • Clarke will pay all costs of supplies, utilities, fuel and any other cost associated with their use of the field. • Any improvements they would like to the field will be done at their sole expense. • Signage shall not be placed without approval of the City Manager and will be displayed only during times when the College is using the field. • Clarke will prepare the field for their play and maintain the area around the field. • Clarke will not have exclusive use but will be given scheduling priority. Their use will not conflict with the City's use. I concur with the recommendation and respectfully request Mayor and City Council approval. ~._ Mi hael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Gil D. Spence, Leisure Services Manager THE CITY OF DUB E Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Gil D. Spence, Leisure Services Manager SUBJECT: Usage Agreement with Clarke College for Veterans' Memorial Park Field 2 DATE: November 30, 2009 INTRODUCTION Dubuque AlhAmedcaCAyp t 2007 The purpose of this memorandum is to request City Council approval to negotiate a Usage Agreement with Clarke College for softball field 2 in Veterans' Memorial Park. A draft of the agreement is attached. DISCUSSION Clarke College would like a formal usage agreement for their softball teams' use of Field 2 in Veterans' Memorial Park. Clarke has used this field in the past but for the last several years they have used a field at the Dubuque Girls' Independent League Complex. Clarke wishes to return to Veterans' Memorial to be close to their campus and to partner with the City to improve the field. Highlights of the attached agreement include: • Three-year agreement, no fee • Clarke will pay all costs of supplies, utilities, fuel and any other cost associated with their use of the field. • Any improvements they would like to the field will be done at their sole expense. • Signage shall not be placed without approval of the City Manager and will be displayed only during times when the College is using the field. • Clarke will prepare the field for their play and maintain the area around the field. • Clarke will not have exclusive use but will be given scheduling priority. Their use will not conflict with our use. This arrangement will benefit the City because of the improvements Clarke College will make to the field. We have a similar arrangement with Loras College for the use of Petrakis Field and it has been very beneficial to both parties. ACTION STEP The action requested is for the City Council to approve negotiating a usage agreement with Clarke College for Veterans' Memorial Park Field 2. GDS:et attachment USAGE AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND CLARKE COLLEGE THIS USAGE AGREEMENT (the "AGREEMENT") dated for reference purposes the 7th day of December, 2009, is made and entered into between the City of Dubuque, Iowa, a municipal corporation (City) and CLARKE COLLEGE (College). SECTION 1. PREMISES AND TERM. 1.1. In consideration of the fee hereinafter reserved and the terms, covenants, conditions and agreements set forth in this Agreement, City hereby permits College to use the Veterans' Memorial Park, Softball Field #2, together with any and all easements and appurtenances thereto and subject to any easements and restrictions of record (the "Premises"), for a term of three (3) years commencing on January 1, 2010 and terminating at 11:59 p.m. on December 31, 2013 subject to all of the terms, covenants, conditions and agreements contained herein. 1.2. Termination. Either party may terminate this Agreement for any reason with or without cause upon thirty (30 days written notice to the other party. Upon termination, City shall have the right to enter the Premises and to assume exclusive use and control of the Premises. Upon termination of this Agreement, College agrees to surrender possession of the Premises in its condition as when first permitted use, or to restore the Premises to substantially the same condition, ordinary wear and tear excepted. 1.3. Condition of Property. City shall deliver and College accepts the Premises in its "as is" condition. SECTION 2. FEE; UTILITIES AND OTHER COSTS. College shall not be required to pay City a fee for the use of the Premises but shall pay all costs of supplies, utilities, fuel and any other costs and expenses associated with its use of the Premises. SECTION 3. IMPROVEMENTS. 3.1 College Improvements. College shall not construct any improvements on the Premises without the prior written approval of City. City at its option and upon written notice may require College to remove any improvements constructed by College from the Premises at College's sole expense and College shall have ninety (90) days after such notice or the termination of this Agreement to complete such removal. If College fails to remove the improvements within such ninety day period, City may cause the improvements to be removed and College shall pay the costs of such removal within thirty (30) days of receipt of a statement therefore from City. Any improvement requested by College shall be at College's sole expense. College shall consider sharing the cost of improvements made to the Premises to benefit all users. 101009 3.2. signage. College shall not place any signage on the Premises without the prior written approval of City's City Manager which approval shall be in the City Manager's sole discretion. signage shall ony be displayed during times when College is using the Premises. SECTION 4. UTILITIES. College shall pay all utilities for the use of the Premises. SECTION 5. REPAIRS /MAINTENANCE. College shall at all times during the term of this Agreement, at College's own costs and expense, keep the Premises free of litter, in good order, condition and repair, and shall repair any damage done as a result of College's use of the Premises. SECTION 6. COMPLIANCE WITH LAW. During the term of this Agreement, College shall comply with all applicable laws applicable to College's use of the Premises, the breach of which might result in any penalty on City or forfeiture of City's title to the Premises. SECTION 7. USE OF LICENSED PREMISES. 7.1. College agrees that during the term of this Agreement, the use of the Premises shall be exclusively for college softball games and practices. College shall observe the following conditions: 1) All games and practices shall be Department. 2) Use will be from March 1st through through October 15th in the fall. 3) College usage may not be exclusive. scheduled through City's Leisure Services May 15th in the spring, and September 1st SECTION 8. INSURANCE. 8.1. College shall at all times during the term of this Agreement maintain insurance as set forth in the City's standard Insurance Schedule for Lessors of City Property, as such uniform, standardized schedule may from time to time be amended. The current Insurance Schedule is attached to this Agreement. 8.2. College shall deliver to City promptly after the execution and delivery of this Agreement the original or duplicate policies or certificates of insurers satisfactory to City evidencing all the insurance which is then required to be maintained by College hereunder, and College shall, within thirty (30) days prior to the expiration of any such insurance, deliver other original or duplicate policies or other certificates of the insurers evidencing the renewal of such insurance. SECTION 9. INDEMNIFICATION. -2- 9.1. Indemnification of City. Except as otherwise provided herein, College shall protect, indemnify, and save harmless City, its officers, and employees (the "Indemnified Parties"), from and against all liabilities, obligations, claims, damages, penalties, causes of action, costs and expenses (including, without limitation, reasonable attorneys' fees and expenses) imposed upon or incurred by or asserted against the Indemnified Parties by reason of (a) any accident, injury to, or death of persons or loss of or damage to property occurring on or about the Premises during the term of this Agreement and resulting from any act or omission of College or anyone claiming by, through, or under College during the term of the Agreement; and (b) any failure on the part of College to perform or comply with any of the terms of this Agreement. In case any action, suit, or proceeding is brought against the Indemnified Parties by reason of such occurrence, College will, at College's expense, resist and defend such action, suit, or proceeding. 9.2. Indemnification of City. Except as otherwise provided herein, City shall protect, indemnify, and save harmless College from and against all liabilities, obligations, claims, damages, penalties, causes of action, costs and expenses (including, without limitation, reasonable attorneys' fees and expenses) imposed upon or incurred by or asserted against College by reason of (a) any accident, injury to, or death of persons or loss of or damage to property occurring on or about the Premises during the term of this Agreement and resulting from any act or omission of City or anyone claiming by, through, or under City during the term of the Agreement; and (b) any failure on the part of City to perform or comply with any of the terms of this Agreement. In case any action, suit, or proceeding is brought against College by reason of such occurrence, City will, at City's expense, resist and defend such action, suit, or proceeding. SECTION 10. ASSIGNMENT AND SUBLETTING. College shall not assign or transfer this Agreement without the prior written consent of City. SECTION 11. NOTICES. 11.1. All notices, demands, or other writings in this Agreement provided to be given or made or sent, or which may be given or made or sent, by either party to the other, shall be deemed to have been fully given or made or sent when made in writing and deposited in the United States mail, registered and postage prepaid, and addressed as follows: TO CITY: City Manager City of Dubuque, Iowa 50 West 13th Street Dubuque, Iowa 52001 TO COLLEGE: CLARKE COLLEGE 1550 Clarke Drive Dubuque, IA 52001 -3- 11.2. The address to which any notice, demand, or other writing may be given or made or sent to any party as above provided may be changed by written notice given by the party as above provided. CITY OF DUBUQUE, IOWA CLARKE COLLEGE By: By: Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk -4- INSURANCE SCHEDULE INSURANCE SCHEDULE A INSURANCE REQUIREMENTS FflR TENANTS AND LESSEES OF CITY RROPERTY OR VENDORS (SUPPLIERS, SERVICE PROVIDERS} TO THE CITY OF DUBUQUE 1. Ali 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 R.M. Best Rating Guide. 2. All Certificates of Insurance required hereunder shall provide a thirty (30} day notice of cancellation to the City of Ddbuque, except for a ten (1U}day notice far non- payment, if cancellation is prior to the expiration date. 3. shall furnish a signed Cer#ificate of Insurance to the City of Dubuque, Iowa for the coverage required in Paragraph 6 below. Such certficates shall include conies 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. b. 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 coveragellimits or greater if required by law or other legal agreement: a} COMMERCIAL GENERAL LIABILITY General Aggregate Limit ;2,000,000 ProductsCompleted Operations Aggregate Limit 51,000,000 Personal and Advertising Injury t.imii $1,000,000 Each Occurrence Limit $1,pOp,000 Fire Damage Limit (any one occurrence) $ 50,000 Medical Payments ~ a,000 This coverage shall be written on an occurrence, not a claims made form. Form CG 25 04 03 97 "Designated Location (s) General Aggregate Limit" shad 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. 1 of 2 January 2008 -5- INSURANCE SCHEDULE A (Cnntir~ued} INSURANCE REgUIREMENTS FOR TENANTS ANO LESSEES OF CITY PROPERTY t7R VENDORS (SUPPLIERS, SERVICE PROM©ERS} TO THE CITY OF DUBUQUE Governmental Immunity Endorsement identical or equivalent to farm attached. Additional Insured Requirement: The City of Dubuque, including el! its elected and appointed officials, all its employees and volunteers, all Its boards, Commissions andlor authorities and their board members, employees and volunteers shall be named as an additional insured an General Liability Policies using ISO endorsement CG 2~ 2S X744 F4Additianal Insured -Designated Person or Organization," or it's equivalent. - See Specimen b} WORKERS` COMPENSATION +& EMPLC?YERS LIABILITY Statutory far Coverage A Employers Liability: Each Accident $100,0{}(1 Each Employee -- disease $100,000 F'alicy Limit -disease $b00,000 c) UMBRELLA EXCESS LIABILITY LIQUOR OR DRAM SHOP LIABILITY Coverage to be determined an a case by case basis by Finance Director. Completion Checklist © Certificate of Liability Insurance (~ pages) ^ Designated Location(s) General Aggregate Limit CG 25 04 03 97 (2 pages) ^ Additional Insured 20 26 0"ir 04 ^ Governmental Immunities Endorsement 2 of 2 January 2008 -6- CD ~, C~I~TIFI+GATE OF LIABIl~ ITY INSURANCE °"'~""~' 121 zao~ PRODUCER !563)123-d567 FAX (563) 987-6343 Instiranca ~~~, Street Address TNI$ CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGH7S UPON fiHE CERTIFICATE HOI.IDER. THIS CERTIFICATE bOE$ NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE R04ICIES BELOW. Ci ST Zi Code IN5URERS AFFORDING COVERAGE NAIL # ~~ WsuRERA Insurance Co an COe1~nY W uReR 6 Street WsuRER c W D Cl St `Iil COd@ WSIJRERE COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE SEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POL1Clf PER100 INDICATED NOT1iN'tHSTANDING AHY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH TkA5 CERTkFlCATE BRAY BE ISSUED OR MAY PERTAIN , T}~ INSURANCE AFFORDED EiY THE pOLICiES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDRIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY NAVE BEEN REDUCED 8Y PA10 CLAIMS WSR ADD'L TYPE OF WSURAI~E POLICY NUMBER p~YMIFDEDCMnY~ pA~ (YW ~~ WR $ GErilRALl1AAlsf1UTY EA CH OGCURRENCE S 1,000,000 x COMMERCIAL GFH£RAL LIA8IUTY ~ A R dt ! 9 i o~Neeunittcs B 50 , 000 ~ x CLAaI$ BIADE ~ OCCUR 5 MEOEXP crw an ,000 S P L B AOV INJURY 3 1, OOO OOO , GEMERALAGGREGATE S 2,000,000 GEML AGGRECAIE tR M t APPLIES PER. ODUCTS - CGMPIOP wGG S 1, 000 r 000 pp ., Pq.ICY X ACT LOG AUTOMOBILE LY-BiLI'I'Y i OMBI N~SlkGIE L7MR t 1 000 OOD X ANYAVtO ~ , r A ALL OWNED AUTOS BppLY W,IURY SCHEDULED AVTOS lP« P+rsanl i HIRED AUTOS BOOBY wJUav NGN~pWNEO AUTOS IP'w ~~} i P ROPERTY DAMAGE ; (P~r tciderrJ OARAGE LL4BM,iTY AUTO ONLY - EA ACCIDENT i ANY AUTO OTHER THAI: EA ACC f AUTO OMLY: AGG 3 ErCESSIUMBREiLA L1AB0.iTY CH OC RRENC S OCCUR ~ CWMS MADE .__._... AGGREGATE 3 DEOUCTBLE RETENTION ; D 3 }~- WOR OERB C ~ TIDN AND yy~ g Tom. rye. X L O E TORY a~ItTS fR AMY PROPRIETORlPARTMER~ExECUTA/E - ~ EL EACH A/,:CIDEMT _ ; iDD, 000 oFifCERlhfEiaBER E%CLUOED ~ II Y.a, desrfibe aide £L DLS£0.SE-EA Ey~1PLOYEE ~ 1o0,0aD BPECULLPROVISWNSbelow EL DISEASE-POI.iCYLBQT ; 500,000 OTHER DESCR~TION OF OPffIATION9A.OC117AON91VlMfCLl61E)CCLUaION' ADDED EJY ENOORSEMENTISPECIAL IrR0YIS10NB City Of Dubuque is listed as an additioi7al iaauxed an general liability p4liciea uainQ ISO endoraemeat loan CG 2426 07t1# °Additional Insured-Deiligrlatad perspn or Organszation" or its equivalent. Geaesal biability policy is primary i non-contributing. porm CG 2581 0347 ^Deaignatad Locations'' general liability aggsegate limit is inaludecl. +Dovern^eTltal samxusities endorsem~t ie included. City a Dubuque so w,agt xsth strlBBi+t I}ubugue, IA 52001 SNOULb ANY OF THE AEOVE DESCRI9ED POLICIES BE GANCELIED OEFORE TIE= E%PIRATPON PATE TfIEREDF, THE ISSUING INSURER MALI ENOEAYOR TO WIL 3O DAYS MYAITTEN NOTICE TO THE CERTiFiC1UE NDL.DER NAMED TCI TIIE I,Et7.8UT IRA,tURe Tp DO a0 MALL BiPOSE ND OBLIGr1TION OR LIAEIUTr OF ANY Kllw UPOM T'NE ItIPRE,fENTATIYE Z$ O '1936 rs..~v~a lviuolW A1177 VMP Morlpaga 6dulipryl, k1C {pOD}]2T-D545 Paq~ t oI2 -/~ iMPORfiAN~" If the aertifirate balder ~ an ADQtTtUNAL INSURED, the policy(es) must be endorsed. A statement on this certificate does not Confer tights to the certificate holder iin lieu of such endotsemeni{s). If $UBRdGATiON IS WAIVED, subject tp the terms and conditions pf the pa1-ry, certain policies may require an sndarsement_ A statement an this certificate does not confer rights to the certificate holder in lieu ot" such endorsement{s}. pISCLAIM~R The Certificate at Insurance an the reverse side of this farm does riot ,constitute a contract between the Issuing insurer{s), authorized representative or producer, end the certificate holder, npr doss tt eflirmatively or negatively amend, extend ~ alter the coverage aftprded by the po6aes listed therepn. SP~~~N ~ch~~ 1'1VVRV iD ~LNlI/41'OJ tMSQ25 lb? oe} oe AtA.S paps 2 d 2 -g- POLICY NUMBER: CC3MMERCtAt GENEft~AL LIABILITY CB 2504tI397 i'HIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ 17 CAF~E~'ULLY. DESIGNATED LC:~CATl~N(S} GENERAL AGGREGATE L.lIVIIT This endorsement modifies insurance provided under the folbwing: COf-AMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE (lf no entry appears above, information required to complete this endorsement will be shown in the I7eclaratians as applicable to this endorsement.} A. For all sums which the insured becomes legally oblige#ed to pay as damages caused by "occur- rences" under COVERAGE A (SECTION 1}, and for all medical expenses caused by accidents under COVERAGE C (SECTION 1}, which can be attributed only to operations at a single desig- nated "location" shown in the Schedule above: 7. A separate Designated Location General Aggregate Limit applies to each designated 'location', and that limit is equal to the amount pf the General Aggregate Limit shown in the Declarations. 2. The Designated Location General Aggregate Limit is the most we IMl1 pay for the sum of ail damages under COVERAGE A, except dam- ages because of "bodily injury" or "property damage' included in the 'products-completed operations hazard", and for medical expenses under COVERAGE C regardless of the num- ber ot: a. Insureds; b. Claims made or "suits' brought; or c. Persons or organizations maEcing claims or bringing "suits". 3. Any payments made under COVERAGE A for damages or under COVERAGE C far medical expenses shall reduce the Designated Loca- tion General Aggregate Limit for that desig- nated "location". Such payments shelf not re- duce the General Aggregate Limi[ shown in the Declarations nor shall they reduce any other Designated Locaton General Aggre- gate Limit for any other designated "location' shown in the Schedule atwve. 4. the limits shown in the Declarations for Each Occurrence, Fire Oamage and Medical Ex- pense continue to apply. However, instead of being subject to the General Aggregate Umit shown in the Declarations, such limits will be subject to the applicable Designated Location General Aggregate Limit. B. For all sums which the insured taecomes legally obGgaled to pay as damages caused by "occur- rences" under COVERAGE A (SECTION 1}, and for all medical expenses caused by accidents under COVERAGE C (SECTION (), which can- not be attributed only to operations at a single designated "location" shown in the Schedule above: 1. Any payments made under COVERAGE A #or damages or under COVERAGE C for medical expenses shall reduce the amount avaDable under the General Aggregate Limit or the Products-Completed Operations Aggregate Limit, whichever is applicable, and 2. Such payments shaii not reduce any Desig- nated Location General Aggregate Limit. CG 25 04 03 9T Page 1 of 2 -9- CG 2S 04 03 97 C. When coverage for liability arising out of the "products-completed operations hazard" i:s pro- vided, any payments for damages because of "bodily injury" or "property damage" included In the "products-+compieted operations hazard' will reduce the Products-Completed Operations Ag- gregate limit, and not reduce the t3eneral Ag- gregate limit nor the Qesignated Locaiivn Gen- eral Aggregate Limit. IJ. For the purposes of this endorsement, the Defi- nations Section is amended by the addition of the following definition: 'Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a streak, roadway, waterway or right-of-way of a railroad. E. The provisions of limits Of Insurance (SECTION ill) not otherwise modified by this endorsement shall Continue to apply as stipulated. Copyright, Insurance Services Office, Inc., 1995 Page 2 of 2 CG 2504!1397 -10- PtJt.ICY NUMSER: CQMMERCIAL GENEiZAL UAt3tLfTY CG 2p 28 07 04 THIS ENDORSEMENT CHANGES THE PBLICY. PLEASE READ tT CAREFUL.IY. AC~pITiONr4L INSI~REa -- C3~~IGNJ~-TED ~"ERSt~N ~3~ t)RGANi~~A-TIt~N This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LtABII_ITY COVERAGE PART SCfiEDULE Name dfAdditionat Ensured Persons ar+or anization s The City of Dubuque, including all its alerted and appointed officials, all its employees and volunteers, all its boards, commissions and/or authorities and their board members, employees and volunteers. Information re ulred to cum fete this Schedule, if not shown above, will be shown in the declarations. Suction it - tNha Is An Ensured is amended to in- clude as an additional insured the person(s) or or- ganization~s) shown in the Schedule, but only with respect to liability for "bodily injury", "property dam- age" or "personal and advertising injury" paused, in whole ar in part, by your acts or omissions or the acts ar omissions of those acting an your behalf: A. In the performance of your ongoing operations; or B. In canneption with your premises owned by or rented to you. Atl terms and conditions cif this policy apply unless madifi~ad by this endorsement. CG ~0 2t3 07 Od Includes copyrighted material of Insurance Services Office, Inc. with psrmisslon. Page 1 of 1 ~ ISO Prope~riies, Inc., 20174 -11- CITY OF DUBUC,ZUE, IOWA GOVERNMENTAL IMMUNITIES ENDORSEMENT 1. 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 #o the City of Dubuque, Iowa under Code of Iowa Section 570.4 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 i# now axis#s 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 da sa upon the timely written request of the insurance carrier, 4. -Non-Denial of Covera e. 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. Na C7ther Chance in Policy. The above preservation of governmen#al immunities shall not otherwise change or alter the coverage available under the policy. SPECIMEN 1 of 1 January 2008 -12-