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Miracle League of Dubuque - Lease Agreement for portion of Veterans' Memoral Park_Initiate Copyrighted October 1, 2018 City of Dubuque Items to be set for Public Hearing # 1. ITEM TITLE: Miracle League of Dubuque Lease Agreement SUMMARY: City Manager recommending that a public hearing be set for October 15, 2018, to consider a Lease Agreement between the City of Dubuque and Miracle League of Dubuque for a portion of Veteran's Park. RESOLUTION Setting date of public hearing on Lease Agreement between the City of Dubuque, lowa and the Miracle League of Dubuque SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for October 15, 2018 ATTACHMENTS: Description Type Setting Public Hearing on Miracle League Lease City Manager Memo Agreement-NNM Memo Resolution Setting Public Hearing Resolutions Miracle League Lease Supporting Documentation Notice of Hearing Supporting Documentation THE CITY OF Dubuque � AIFA�erlwGh UB E '�� III► Masterpiece on the Mississippi Z°°'�w'2 7A13 2017 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Setting a Public Hearing on Miracle League Lease Agreement DATE: September 27, 2018 Leisure Services Manager Marie Ware is recommending that a public hearing be set for October 15, 2018, to consider a Lease Agreement between the City of Dubuque and Miracle League of Dubuque for a portion of Veteran's Park. I concur with the recommendation and respectfully request Mayor and City Council approval. �L;� 1��, ��.� Mic ael C. Van Milligen �� MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Teri Goodmann, Assistant City Manager Cori Burbach, Assistant City Manager Marie Ware, Leisure Services Manager Prepared by: Marie Ware, Leisure Services Manager Address: 2200 Bunker Hill Rd, Dubuque, IA 52001 Telephone: 589-4263 Return to: Kevin Firnstahl, City Clerk Address: City Hall, 50 W. 13th St, Dubuque, IA 52001 Telephone: 589-4121 RESOLUTION NO. 293-18 RESOLUTION SETTING DATE OF PUBLIC HEARING ON LEASE AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND THE MIRACLE LEAGUE OF DUBUQUE Whereas this Project allows individuals with special needs to participate in organized recreational programs and activities just like their brothers, sisters, families and friends; Whereas Miracle League of Dubuque wishes to enter into this lease to provide opportunities for all; and Whereas this Project furthers the 2035 Vision of the City Council that "Dubuque 2035 is a sustainable and resilient city and an inclusive and equitable community...Our residents experience healthy living and active lifestyle....and have an abundance of fun things to do...". NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: A public hearing will be held on the 15th day of October, 2018, at 6:00 p.m. in the Historic Federal Building Council Chambers (second floor) 350 W. 6th Street, Dubuque, Iowa, at which time interested persons may appear and be heard for or against the proposed lease, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not Tess than four days nor more than twenty days prior to the date of such hearing. At the hearing, any interested person may appear and file objections to the lease. Passed, adopted and approved this 1st day of October 2018. Attest: Kevin' S. Firnstahl;(City Clerk Luis Del Toro, Mayor Pro Tem JCO Rev. 09/06/18 LEASE AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND THE MIRACLE LEAGUE OF DUBUQUE This lease agreement (Lease Agreement) is entered into on this day of , 2018 by and between the City of Dubuque, lowa, a municipal corporation organized and existing under the laws of the state of lowa (City) and the Miracle League of Dubuque, an lowa non-profit organization exempted under Section 501(c)(3) of the Internal Revenue Code (Miracle League). WHEREAS, City is the owner of certain real property known as Veterans Memorial Park; and WHEREAS, the mission of Miracle League is to provide recreational support and opportunities for individuals with physical and mental disabilities (special needs); and WHEREAS, Miracle League desires to lease the section of the Park shown on Exhibit A (the "Dedicated Area") from City to operate special recreational facilities known as the Miracle League Complex on which individuals with special needs compete and play within Veterans Memorial Park; and WHEREAS, Miracle League Complex is a custom-designed facility incorporating cushioned synthetic turf or hard surfacing that accommodates wheelchairs and other walking devices and helps prevent injuries; and WHEREAS, Miracle League allows individuals with special needs to participate in organized recreational programs just like their brothers, sisters, family, and friends; and WHEREAS, during the term of this Lease Agreement, the City will perForm routine maintenance and repairs to the Miracle League Complex, as set forth in this Lease Agreement, while granting Miracle League preferential but non-exclusive use of the Miracle League Complex; and WHEREAS, Miracle League's preferential, non-exclusive use of the Miracle League Complex consists of the priority right to schedule games, tournaments, and events at the Miracle League Complex; and WHEREAS, the Mayor and City Council of the City of Dubuque, lowa recognize that the Miracle League Complex will enrich the lives of people with special needs, theirfriends, family and the Dubuque community and will promote the public health, safety, and welfare of its citizens; and WHEREAS, the organized recreational program in which people with special needs will participate will be known and referred to as "The Miracle League of Dubuque"; and MAQ09242018 JCO Rev. 09/06/18 WHEREAS, it is deemed to be in the best interest of both parties to this Lease Agreement and to the public that Miracle League lease the Dedicated Area. NOW, THEREFORE, the parties hereto mutually agree as follows: SECTION 1. DEFINITIONS. CITY: City of Dubuque, lowa � DEDICATED AREA: The survey of the portion of Veterans Memorial Park that the City commits to Miracle League for the preferential but non-exclusive use and long-term lease for Miracle League for its use and events is attached as Exhibit A. MAINTENANCE: After City Council acceptance of the Miracle League Complex, any update, repair or upkeep action to an individual element of the Miracle League Complex costing less than ten thousand dollars ($10,000.00). MIRACLE LEAGUE: Miracle League of Dubuque, a non-profit organization organized, operated, and incorporated under Section 501(c)(3) of the Internal Revenue Code. MIRACLE LEAGUE COMPLEX: All the fields, buildings, facilities, parking areas, recreational and playground amenities and other structures, fixtures, and areas designated in Exhibit A. REPLACEMENT AND CAPITAL IMPROVEMENTS: After City Council acceptance of the Miracle League Complex, any update, repair, upkeep action to an individual element of, or new purchase for the Miracle League Complex costing ten thousand dollars ($10,000.00) or more. SECTION 2. TERM OF LEASE AGREEMENT. 2.1 The initial Term of this Lease Agreement commences upon City Council acceptance of the Miracle League Complex on _, 20_, and lasts for a period of twenty-five years, until 11:59 P.M. on , 20_ (Term). 2.2 After completion of the initial Term, Miracle League will have five individual, consecutive five-year options to renew. These five-year periods will be known as Renewal Periods. If Miracle League wishes to enter into any Renewal Terms, it must notify the City, in writing, no less than thirty days before the expiration of the current Term or Renewal Term. SECTION 3. RENT. Miracle League will pay the City rent in the amount of one dollar ($1.00) annually on the anniversary of City Council acceptance of the Miracle League Complex during the Term and during any subsequent Renewal Terms of this Lease Agreement for the preferential, prioritized, long-term use of the Dedicated Area shown in Exhibit A. 2 JCO Rev. 09/06/18 SECTION 4. USE OF THE LEASED PREMISES. 4.1 During the Term and any subsequent Renewal Terms of this Lease Agreement, Miracle League Complex will be used and owned by the City as a public park to be enjoyed by the public generally, subject to the terms of this Agreement. Any damage caused to the Miracle League Complex as a result of City approved uses by third parties other than Miracle League shall be the responsibility of the City to repair. Miracle League will have preferential use of the Miracle League Complex for all Miracle League games, tournaments, and other Miracle League events, but Miracle League Complex will be available for public use when Miracle League does not have events. 4.2 The City may adopt reasonable rules and regulations regarding the use of Miracle League Complex. The parties acknowledge and agree that the Miracle League Complex, by its design and construction, is intended primarily to benefit persons with special needs, including physical disabilities, and that the rules adopted for Miracle League Complex may focus on such classes of persons. However, no rule may be implemented which (1) is not applied uniformly among all persons; (2) discriminates against or otherwise bars certain classes of persons from the use of Miracle League Complex in violation of any law; or(3) violates any law, regulation, or ordinance. 4.3 Miracle League will not allow the Dedicated Area to be occupied or used by any other individual, group, organization or agency without the priorwritten permission of City's Leisure Services Manager. 4.4 The Miracle League Complex will be open and operate on the same calendar and schedule as Veterans Memorial Park, only on days and during hours that Veterans Memorial Park is open to the public. SECTION 5. CONCESSIONS. 5.1 Miracle League will construct and equip a basic ADA accessible concession stand. The City, or a contractor of the City's choice, will operate a concession stand during Miracle League sponsored games and tournaments. As the operator, the City in its sole discretion will determine the items available for sale and the pricing of those same items. Under the City's operation, City purchasing policies, bidding, and staffing procedures will apply. 5.2 The City or its contractor may use the concession stand for other events and for other park visitors during Miracle League events. City or its contractor may use the concession stand at any time during Veterans Memorial Park hours. SECTION 6. PROGRAMMING. Miracle League and the City will work to develop programs with the understanding that City involvement will require compliance with applicable City policies and applicable local, state, and federal law. 3 JCO Rev. 09/06/18 SECTION 7. UPKEEP, MAINTENANCE, REPLACEMENTS, AND CAPITAL IMPROVEMENTS. I 7.1 General Upkeep and Routine Buildings and Grounds Care. The City will care for ��, Miracle League Complex on a regular basis with respect to routine upkeep and buildings and grounds care for use and enjoyment by the public generally as a place of amusement and recreation so long as Miracle League is leasing the Miracle League Complex. Such ' routine care includes mowing, trash removal, vandalism not rising to the level of Maintenance or Capital Improvements as discussed in Section 7.2 below, and simple repairs (i.e., replacement of bolts, screws, and other simple repairs). 7.2 Maintenance, Replacement, and Capital Improvements. A. Maintenance is distinguished from Replacement or Capital Improvements by the dollar value of the individual item in question. As set forth in Section 1 of this Agreement, Maintenance is defined as after City Council acceptance of the Miracle League Complex and during the Term of this Lease Agreement, any update, repair or upkeep action to an individual element of the Miracle League Complex costing less than ten thousand dollars ($10,000.00) for any individual item. As set forth in Section 1 of this Agreement, Repair and Capital Improvements are defined as after City Council acceptance of the Miracle League Complex and during the Term of this Lease Agreement, any update, repair, upkeep action to an individual element of, or new purchase for the Miracle League Complex costing ten thousand dollars ($10,000.00) or more. B. After City Council acceptance of the Miracle League Complex,the City will be responsible for all Maintenance. C. After City Council acceptance of the Miracle League Complex, the City is not obligated to undertake or perform any Replacement and Capital Improvements to or within the Miracle League Complex. The City Council may choose, entirely at its own discretion, to undertake, perform, or assist with any Replacement and Capital Improvements to and within the Miracle League Complex, but the City has no obligation or responsibility to do so. Any such action would be entirely voluntary and not obligatory. If Replacement and Capital Improvements are needed, and the City Council declines to perForm them, Miracle League may ask the City Council for approval to complete such Replacement and Capital Improvements with any endowment or funding Miracle League has obtained for such purpose. However, Replacement and Capital Improvements may not be performed without City Council approval and Notice to Proceed. D. If the City fails to properly provide Maintenance to an individual element of the Miracle League Complex costing less than ten thousand dollars($10,000.00)for any individual item, as set forth in Section 7.2(A)above, and such failure results in a necessary Replacement or Capital Improvement costing more than $10,000, the City will be obligated to make the resulting Replacement or Capital Improvement. 4 JCO Rev. 09/06/18 SECTION 8. UTILITIES AND REFUSE. During the Term and any subsequent Renewal Terms of this Lease Agreement, City will pay when due ail costs of all utilities serving the Dedicated Area. City will remove trash from the Dedicated Area throughout each year, when Veterans Memorial Park is open. SECTION 9. CONTROL AND ACCESS. 9.1 During Miracle League events, Miracle League will have the authority to limit general public access to the Dedicated Area to best suit its purposes. 9.2 Miracle League will not use the Dedicated Area for commercial purposes, except for such purposes which are related to Miracle League's designated purpose to operate special recreational facilities known as the Miracle League Complex on which individuals with special needs compete and play within Veterans Memorial Park. Commercial use of the Leased Premises will be prohibited except at events sponsored by Miracle League. 9.3 If a Miracle League event reaches such a size, or is of such a nature, that a special event permit is required, Miracle League will obtain a special event permit from the City and comply with any terms and conditions of said special events permit. Any special events on the Dedicated Area must have prior approval of City's Leisure Services Manager and a special event permit as required by City. SECTION 10. INSURANCE. 10.1 During the Term of this Lease Agreement and any subsequent Renewal Terms, Miracle League, at its sole cost and expense, must maintain, for the mutual benefit of the City and Miracle League, insurance that meets the requirements requested by the City from Lessees of property leased from the City as currently set forth under Insurance Schedule A shown in Exhibit B. 10.2 Certifications of all such insurance required pursuant to this section must be delivered to the requesting party within fifteen (15) days following the requesting party's request. 10.3 All insurance policies required to be carried by Miracle League underthis Agreement must be with an insurance provider licensed in the state of lowa. Public liability insurance policies evidencing such insurance must name the City and its designee as additional insureds and must also contain a provision requiring the insurer to give at least thirty (30) days written notice to the City of any cancellation, modification, or non-renewal of such insurance. SECTION 11. INDEMNITY. 11.1 During the Term and any subsequent Renewal Terms of this Lease Agreement, Miracle League agrees to defend, indemnify and hold harmless City, its officers and 5 JCO Rev. 09/06/18 employees from any and all damages or claims whatsoever, to persons or property, by reason of Miracle League's use of the Dedicated Area or breach of this Lease Agreement, provided the City is not negligent. 11.2 During the Term and any subsequent Renewal Terms of this Lease Agreement, City agrees to defend, indemnify and hold harmless Miracle League, its officers and employees from any and all damages or claims whatsoever, to persons or property, by reason of City's breach of this Lease Agreement, provided Miracle League is not negligent. I SECTION 12. ASSIGNMENT AND SUBLETTING. Neither Miracle League nor the City may assign or sublet this Lease Agreement without the prior written consent of the other. SECTION 13. TERMINATION. 13.1 Lease Agreement Termination by Miracle League. Miracle League may terminate the Lease Agreement at any time and for any reason, as long as Miracle League provides the City with thirty (30) days' written notice of termination. Upon termination by Miracle League, City will assume exclusive use and control of the Dedicated Area and may continue operation of the Miracle League Complex or return the land to general park land. 13.2 Lease Termination by City. After acceptance of the Miracle League Complex, City may terminate the Lease only with City Council approval and for cause, including but not limited to, park closure, budgetary constraints, natural disaster, act of terror, or other catastrophic event. If the City would decide to permanently close Veterans Memorial Park for whatever reason, Miracle League will be given the opportunity to correct whatever situation or circumstances may result in the City's closure of Veterans Memorial Park so the Miracle League Complex could remain open, but Miracle League will not be required to do so. If Miracle League does not wish to correct the circumstances that may result in the closure of Veterans Memorial Park, Miracle League will have the option to acquire the improvements used by Miracle League. SECTION 14. INSPECTIONS. City reserves the right to conduct periodic inspections of the Dedicated Area forthe purpose of determining whetherthe terms and conditions of this Lease Agreement are being promptly and faithfully performed by the parties. Whenever possible, City will schedule such inspections to avoid conflict with Miracle League programming. SECTION 15. NOTICE. All notices related to this Agreement must be in writing and will be deemed properly delivered when and if such notices are (i) hand-delivered with receipt on the date set forth on the receipt; (ii)delivered by over-night carrier, with receipt, on the date set forth on the receipt; or(iii) sent in the United States mail, postage prepaid, certified or registered mail, return receipt requested on the date set forth on the receipt, addressed to the parties at their addresses set forth below: To City: Michael C. Van Milligen City Manager . 6 JCO Rev. 09/06/18 City Hall 50 West 13th Street Dubuque, lowa 52001 With a copy to: Marie Ware Leisure Services Manager 2200 Bunker Hill Road Dubuque, lowa 52001 To Miracle League: Merlin P. Santjer President, Miracle League of Dubuque 2955 Arbor Hills Drive Dubuque, IA 52001 With a copy to: John C. O'Connor O'Connor & Thomas, PC 1000 Main Street Dubuque, lowa 52001 If John C. O'Connor is not practicing law at O'Connor& Thomas, P.C., then a copy of any notice provided under this Section 19 must be provided to: O'Connor & Thomas, P.C. Attention: Firm President 1000 Main Street Dubuque, lowa 52001 The parties may and should update this notice section periodically and whenever necessary during the term of this Agreement and during the term of the related lease between the parties. SECTION 16. SEVERABILITY. If any covenant, agreement, provision, term, or condition of this Lease Agreement is deemed invalid or unenforceable, the remaining covenants, agreements, provisions, terms, or conditions of this Lease Agreement will remain valid and enforceable to the fullest extent permitted by law. SECTION 17. SUCCESSORS AND ASSIGNS. This Lease Agreement binds and inures to the benefit of the City and Miracle League, and their respective heirs, administrators, successors, and assigns. SECTION 18. CAPTIONS. All captions, headings, titles, numerical references, and computer highlighting are for convenience only and do not affect the interpretation of this Lease Agreement. 7 JCO Rev. 09/06/18 SECTION 19. NUMBER AND GENDER. All terms and words used in this Lease Agreement, regardless of the number or gender in which they are used, will be deemed to include the appropriate number and gender, as the context may require. SECTION 20. GOVERNING LAW. This Lease Agreement is governed by the laws of the state of lowa. SECTION 21. COMPLETE AGREEMENT. This writing (including the `Whereas' provisions)contains the entire Lease Agreement between the parties hereto related to the leasing of the Dedicated Area for the Miracle League Complex. Any modification or amendment to this Lease Agreement must be made in writing and signed by both parties. SECTION 22. PARTNERSHIP. Nothing in this Lease Agreement may be construed to create a partnership,joint venture, or relationship of principal and agent between City and Miracle League. No provision of this Lease Agreement may be construed to confer any rights of remedies upon any party other than City and Miracle League. SECTION 23. FORCE MAJEURE. Should any matter or condition beyond the reasonable control of either party including, but not limited to, war, public emergency, acts of terrorism, calamity, fire, earthquake, flood, acts of God, strikes, labor disturbances, or actions, civil disturbances or riots, or any governmental restriction prevent performance of this Lease Agreement in accordance with the provisions hereof, in whole or in part, performance of this Agreement will be suspended or excused to the extent commensurate with such interFering occurrences. SECTION 24. NON-DISCRIMINATION. The parties shall comply with the provisions of federal, state and local laws and regulations to ensure that no employee, member, applicant or person is discriminated against because of race, creed, religion, color, age, sex, gender identity, sexual orientation, national origin, disability, or other protected class. The parties shall provide state or federal agencies with appropriate reports as required, ensuring compliance with equal employment laws and regulations. Each party shall ensure that its authorized subcontractors comply with provisions of this clause. A breach of this provision shall be considered a material breach of this Lease Agreement. SECTION 25. DISPUTE RESOLUTION. 25.1 The City and Miracle League will attempt in good faith to resolve any dispute or claim arising out of or in relation to this Lease Agreement through negotiations between a designated individual from each of the parties with authority to settle the relevant dispute. If the dispute cannot be settled amicably within thirty (30) days from the date on which either party has served written notice of dispute on the other, then the remaining provisions of this Section will apply. 25.2 If a dispute or claim arising out of or in relation to this Lease Agreement or the ' performance of any of the terms of this Lease Agreement cannot be resolved by 8 JCO Rev. 09/06/18 negotiations between the City and Miracle League, such matter or matters will be resolved through binding arbitration, applying the following rules and procedures: A. Arbitration will be held in Dubuque, lowa; B. The arbitration will be heard by one (1) arbitrator whom which the parties mutually select; and C. The arbitration will be heard under the rules of the American Arbitration Association (AAA). IN WITNESS WHEREOF, the parties hereto execute this Agreement on this day of , 2018. CITY OF DUBUQUE, IOWA MIRACLE LEAGUE OF DUBUQUE By: By: �.,�..�.:,. � Roy D. Buol, Mayor Merlin P. Santjer, Miracl eague of Dubuque Attest: By: Kevin S. Firnstahl City Clerk 9 JCO Rev. 09/06/18 Exhibit A Dedicated Area 10 � � �: . ` U°�� ' #�'� � `''� " �• �',1 ___- EXHIBIT A �I o"�� ' '�y�� i�ri»cn�rr:ni.F.�sx 9 0�,�zn r...Cv,.` �. . - 1^I , ARI:A � o�13� mC�,33s � '� �� SIII�.I�I'�1 0l I �i �.., � �` j� "' � � _' _ � � � � _ � �, b ____ 6 / 'i i � � � g � � _- { � � •��F�� i T` � _ rt �3 ' � I �{ � ��"-�! � � r �;�� _ sa � , �'� � `�� —� � � 'i � � � ( ° i � II Ilf}�� I—\ _ N � � �. � , � { I \.— C I e � , _ �i I�� j 1 u, � �� i � - _ _ � «;;�� ;� —__ —- �� -- "� � ; � Il i �i l i I„ �� _ » — �-- � _�'_ _ � �� X,�, '�. _ -_ F�� ; o �. — cs — - (s'�` x r' �j � f t� �� (��—�� m _ - - _ �`'�°�l�m � �; i � 1 � _ - "��;° ,x `r� ;?� t � � rc _ _ � +,��"� I yp i O u a _ �t :- 1f �q�� 1 �1ku.'� e}�� . � � Il l �in - � - �#' (,� � to-��`�� a,`� ( ,..',�Y t� • � � �� e Q o - t � e , — - \ �- i� 111 Z j � e ' J �� . �— _ .�. . � W �m ' r� _ s - � Q � r - � c_�� ;1 , � , � � _ �- -F- � _�.. �„A��E�F ', � _ —._ _ -- -- 6 L�BUQUE _,_._v__�__�...._ ii= ` - +t - - it _� ��: � �DCDICATED a� _ -�_ � �l � �I_cASE AREA I': -' — _ _.� , � � .-- �', � _ v.� - _�;� � � �I � �� . � ..�r ��I ,� �= � . �_ : ,,� I�' �� l, �� .I�. ' �\t�� ,�'� ��'I ` -: ,� ...._.ar`.�.........:,...r�--�-•'� � . � 50 �:0� �G��" v r� � _..,.� .:.. �. « ,ne .., m � �� . .._- p �°_. � � ...::r�r� . Oi/��2a4LL F�ARI� PL,4� ; �. ..,.,,.:�., .._ ��, � �, ��- _ 11 Exhibit B Insurance Schedule A � 11 City of Dubuque Insurance Requirements for Lessees of City Property and Right of Way Licensees or Permittees INSURANCE SCHEDULE A 1. shall furnish a signed certificate of insurance to the City of Dubuque, lowa for the coverage required in Exhibit I prior to the lease, license, or permit commencement.All lessees of City property and right of�vay licensees or permittees shall submit an updated certificate annually Each certificate shall be prepared on the most current ACORD form approved by the lowa Insurance Division or an equivalent.Each certificate shall include a statement under Description of Operations as to why the certificate�vas issued. Eg: Project# or lease of premises at or construction of , or right of�n�ay permitted location and description Lease Agreement dated 2. All policies of insurance required hereunder shall be with an insurer authorized to do business in lowa and all insurers shall have a rating of A or better in the current A.M.BesYs 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 coveragellimits,or greater if required by IaNi or other legal agreement, in Exhibit L Failure to provide the required minimum coverage shall not be deemed a"vaiver 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 agreemenYs required limits. 9. Lessee, licensee,or permittee shall require all subcontractors and sub-subcontractors to obtain and maintain during the performance of work insurance for the coverages described in this Insurance Schedule and shall obtain certificates of insurance from all such subcontractors and sub-subcontractors.Lessee, licensee,or permittee agrees that it shall be liable for the failure of a subcontractor and sub-subcontractor to obtain and maintain such coverage.The City may request a copy of such certificates from the lessee, licensee,or permittee. Page 1 of 4 Schedule A Lessees Of City Property;Right Of Way Licensees or Permittees November 2017 12 City of Du6uque insurance Requirements for Lessees of City Property and Right of Way Licensees or Permittees INSURANCE SCHEDULE A (Continued) EXHIBIT I A) COMMERCIAL GENERAL LIABILITY General Aggregate Limit �2,0�0,000 Products-Completed Operations Aggregate Limit �1,0OO,OQO Personal and Advertising Injury Limit ��,0�0,000 Each Occurrence �1;000,000 Fire Damage Limit(any one occurrence) $50,000 Medical Payments �5,000 I 1) Coverage shall be written on an occurrence, not claims made,form.The general liability coverage shall be written in accord with ISO form CG0001 or business owners form BP0002. All deviations from the standard ISO commercial general liability form CG 0001,or Business owners form BP 0002, shall be clearly identified. 2) Include ISO endorsement form CG 25 04"Designated Location(s)General Aggregate Limit." 3) Include endorsement indicating that coverage is primary and non-contributory. 4) Include Preservation of Governmental Immunities Endorsement(Sample attached). 5) 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 20 10 (Ongoing operations)or its equivalent. 6) If lessee, licensee,or permittee utilizes Trikkes or Seg�Nays 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 on the job by accident or disease as prescribed by lowa Gode Chapter 85 as amended. Coverage A Statutory—State of lowa Coverage B Employers Liability Each Accident $100,000 Each Employee-Disease $100,000 Policy Limit-Disease $500,000 Policy shall indude Waiver of Right to Recover from Others endorsement. Nonelection of Workers'Compensation or Employers' Liability Coverage under IoNia Code sec. 87.22 _yes _form attached Page 2 of 4 Schedule A Lessees Of City Property;Right Of Way Licensees or Permittees November 2017 13 City of Dubuque Insurance Requirements for Lessees of City Property and Right of Way Licensees or Permittees INSURANCE SCHEDULE A (Continued) C) ENVIRONMENTAL IMPAIRMENT LIABILITY OR 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. Each occurrence $2,OD0,0�0 Policy Aggregate $4,000,000 1) Policy to include job site and transportation coverage. 2) Include additional insured 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)as stated in A(6)above or its equivalent. 3) Include Preservation of Governmental Immunities Endorsement. 4) Provide evidence of coverage for 5 years after completion of project. D) PROPERTY INSURANCE REQUIRED BY LEASE,LICENSE,OR PERMIT _yes _no Evidence of property coverage provided: _yes Included the City of Dubuque as Lender Loss Payable. E) RIGHT-OF-WAY WORK ONLY: U MB RELLA/EXC ESS $1,000,000 _yes _no Umbrella/excess liability coverage must be at least follotiring form with the underlying policies included herein. Page 3 of 4 Schedule A Lessees Of City Property;Right Of Way Licensees or Permittees November 2017 14 City of Dubuque Insurance Requirements for Lessees of City Property and Right of Way Licensees or Permittees PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT 1. Nonwaiver of Governmental ImmunitV.The insurer expressly agrees and states that the purchase of this policy and the including of the City of Dubuque, lowa as an Additional Insured does not waive any of the defenses of governmental immunity available to the Cfty of Dubuque, lowa under Code of lowa Section 670.4 as it is now exists and as it may be amended from time to time. 2. Claims Coveraqe.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 lo�va Section 670.4 as it now exists and as it may be amended from time to time.Those claims not subject to Code of lo�va Section 670.4 shall be covered by the terms and conditions of this insurance policy. 3. Assertion of Govemment ImmunitV.The City of Dubuque, Io�.Na shall be responsible for asserting any defense of governmental immunity,and may do so at any time and shall do so upon the timely w�ritten request of the insurer. 4. Non-Denial of Coveraqe The insurer shall not deny coverage under this policy and the insurer shall not deny any of the rights and benefits accruing to the Gity of Dubuque, lowa under this policy for reasons of governmentai immunity unless and until a court of competent jurisdiction has ruled in favor of the defense(sj of governmental immunity asserted by the City of Dubuque; lowa. No Other Chanqe in PolicV.The above preservation of governmental immunities shall not othen,vise change or alter the coverage available under the policy. SPECIMEN (DEPARTMENT MANAGER: FILL IN ALL BLANKS AND CHECK BOXES) Page 4 of 4 Schedule A Lessees Of City Property;Right Of Way Licensees or Permittees November 2017 15 CITY OF DUBUQUE, IOWA OFFICIAL NOTICE PUBLIC NOTICE is hereby given that the City Council of the City of Dubuque, lowa, will hold a public hearing on the 15th day of October 2018 at 6:00 p.m. in the Historic Federal Building, 350 West 6th Street, second floor, Dubuque, lowa, at which meeting the City Council proposes to dispose of an interest in the following described real property by lease to Miracle League of Dubuque: Portion(s) of Veterans Memorial Park, 2700 Northview Drive, in the City of Dubuque, lowa Copies of supporting documents for the public hearings are on file in the City Clerk's Office and may be viewed during normal working hours. At the meeting, the City Council will receive oral and written comments from any resident or property owner of said City to the above action. Written comments regarding the above public hearing may be submitted to the City Clerk's Office, City Hall, 50 W. 13�h Street, on or before said time of public hearing. Any visual- or hearing-impaired persons needing special assistance or persons with special accessibility needs should contact the City Clerk's Office at (563) 589-4100 or TTY 563) 690-6678 at least 48 hours prior to the meeting. Dated this 19�h day of October 2018. Kevin S. Firnstahl, CMC City Clerk RESOLUTION NO. 294-18 RESOLUTION SETTING DATE OF PUBLIC HEARING ON LEASE AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND THE MIRACLE LEAGUE OF DUBUQUE Whereas this Project allows individuals with special needs to participate in organized recreational programs and activities just like their brothers, sisters, families and friends; Whereas Miracle League of Dubuque wishes to enter into this lease to provide opportunities for all; and Whereas this Project furthers the 2035 Vision of the City Council that "Dubuque 2035 is a sustainable and resilient city and an inclusive and equitable community...0ur residents experience healthy living and active lifestyle....and have an abundance of fun things to do...". NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: A public hearing will be held on the 15th day of October, 2018, at 6:00 p.m. in the Historic Federal Building Council Chambers (second floor) 350 W. 6th Street, Dubuque, lowa, at which time interested persons may appear and be heard for or against the proposed lease, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, lowa, which notice shall be published not less than four days nor more than twenty days prior to the date of such hearing. At the hearing, any interested person may appear and file objections to the lease. Passed, adopted and approved this 1 st day of October 2018. Luis Del Toro, Mayor Pro Tem Attest: Kevin S. Firnstahl, City Clerk 1t 10/19