Miracle League of Dubuque - Lease Agreement for portion of Veterans' Memorial Park_Hearing Copyrighted
October 15, 2018
City of Dubuque Public Hearings # 2.
ITEM TITLE: Miracle League of Dubuque Lease Agreement- Veterans'
Memorial Park
SUMMARY: Proof of publication on notice of public hearing to consider
approval of a Lease Agreement between the City of
Dubuque, lowa, and the Miracle League of Dubuque for a
portion of Veterans' Memorial Park, and the City Manager
recommending approval.
RESOLUTION Approving the disposal of an interest in
real property owned by the City of Dubuque by Lease
between the City of Dubuque, lowa and the Miracle League
of Dubuque
SUGGESTED DISPOSITION: Suggested Disposition: Receiveand File;Adopt
Resolution(s)
ATTACHMENTS:
Description Type
Miracle League LeaseAgreement-MVM Memo City Manager Memo
Staff Memo Staff Memo
Resolution on Disposal - Lease with Miracle League of Resolutions
Dubuque
LeaseAgreement Between the City of Dubuque, lowa Supporting Documentation
and the Miracle League of Dubuque
Miracle League Field Agreement By and Between the
City of Dubuque, IA and the Miracle League of Supporting Documentation
Dubuque
THE CTTY OF Dubuque
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ui���eNe�ary
DUB E 'il��i;'
Masterpiece on the Mississippi Z°°' Z°'Z
2013 2017
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Public Hearing on Lease Agreement Between the City of Dubuque, lowa,
and Miracle League of Dubuque for a Portion of Veterans' Memorial Park
DATE: October 7, 2018
Leisure Services Manager Marie Ware recommends City Council approval of a Lease
Agreement between the City of Dubuque, lowa, and the Miracle League of Dubuque for
a portion of Veterans' Memorial Park. Assistant City Attorney Maureen Quann and
Marie Ware negotiated this lease.
Tom and Carol Witry and Merle and Mary Santjer have a passion for persons with
special needs. They had a dream and vision to provide opportunities for persons with
special needs to play baseball and have an all-inclusive playground beyond anything
currently in Dubuque. Their vision is to build a Miracle League baseball field and all-
inclusive playground for the Dubuque area children and adults with special needs.
Locally the Witrys and Santjers established Miracle League of Dubuque, a 501(c) 3
nonprofit that has a very active Board of Directors.
The Miracle League of Dubuque plan was strengthened by input from potential user
groups of the proposed amenities including but not limited to Albrecht Acres, Hills and
Dales, Area Residential Care (ARC), Unified Therapy, Camp Courageous, Dubuque
Community Schools (Special Education), G & G Living, Unlimited Services and
Adaptive Sports lowa. They also coordinated with Vets Park current user groups
including Dubuque Pony League, Clarke University, Wahlert and private renters of the
ball diamonds.
The Miracle League site plan was presented to the Park and Recreation Advisory
Commission on February 14, 2017. The commission unanimously recommended
approval of the location and use of VeYs Park based on the site plan presented. The
City Council at their October 1, 2018 meeting approved the Development Agreement
with Miracle League of Dubuque. The Development Agreement defined the terms of
the lease. The lease that was developed addresses after the construction is complete
and the project is accepted the usage of the project area by Miracle League of
Dubuque. The lease term would not start until the construction project is complete. By
holding the public hearing, the lease can take effect immediately upon acceptance of
the project. The initial term of the lease will be 25 years from the date with an option for
five extensions of five years each. Miracle League will pay $1 .00 per year in rent.
Miracle League of Dubuque is fundraising for the construction of all the amenities
described in the agreement. The total project is estimated at $3.59 million. They have
received donations from individual donors, businesses and community foundations and
are applying for a Community Attractions and Tourism grant, which the City Council
approved the $50,000 match, with a similar amount approved by the Dubuque County
Board of Supervisors.
After the project is complete the City of Dubuque will be in charge of day-to-day
maintenance of all the amenities constructed. The Miracle League Complex will be
used and owned by the City as a public park to be enjoyed by all. The City of Dubuque
will partner with Miracle League of Dubuque to provide a Miracle League program in the
summer and the fall. The League is the first priority use of the Complex according to the
lease.
The project elements include relocation of Veterans Field 3, Miracle League field, an all-
inclusive playground, a new restroom/concession/classroom/storage building, family
plaza and picnic/shade park, parking lot modification to add a drop off-loop, entry
pavilion and Hall of Fame Boulevard. The City or a contractor of the City's choice will
operate a concession stand during league play.
The Parks and Recreation Commission at a special meeting held on September 26,
2018 reviewed the Lease agreement and unanimously approved recommending
acceptance of the agreement to the City Council.
In the lease, 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
$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 $10,000.00 or more.
After City Council acceptance of the Miracle League Complex, the City will be
responsible for all Maintenance.
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
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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.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
:Li��'�t*'1 � t����lt�t�..
Mic ael C. Van Milligen'� �
MCVM:jh
Attachment
cc: Crenna Brumwell, City Attorney
Teri Goodmann, Assistant City Manager
Cori Burbach, Assistant City Manager
Marie L. Ware, Leisure Services Manager
3
THE CTTY OF Dubuque
�
AII�A�nnCiry
DUB E '�I�I��'
Masterpiece on the Mississippi Z°°' Z°'Z
2�13 201�
TO: Michael C. Van Milligen, City Manager
FROM: Marie L. Ware, Leisure Services Manager
SUBJECT: Public Hearing on Lease Agreement Between the City of Dubuque, lowa
and Miracle League of Dubuque for a Portion of Veterans' Memorial Park
DATE: October 8, 2018
INTRODUCTION
The purpose of this memo is to provide information for the public hearing related to the
Lease Agreement Between the City of Dubuque, lowa and Miracle League of Dubuque
for a portion of Veterans' Memorial Park.
BACKGROUND
Tom and Carol Witry and Merle and Mary Santjer have a passion for persons with
special needs. They had a dream and vision to provide opportunities for persons with
special needs to play baseball and have an all-inclusive playground beyond anything we
currently have in Dubuque. Their vision is to build a Miracle League baseball field and
all-inclusive playground for the Dubuque area children and adults with special needs.
Locally the Witrys and Santjers established Miracle League of Dubuque, a 501(c) 3
nonprofit that has a very active Board of Directors.
The Miracle League of Dubuque plan was strengthened by input from potential user
groups of the proposed amenities including but not limited to Albrecht Acres, Hills and
Dales, Area Residential Care (ARC), Unified Therapy, Camp Courageous, Dubuque
Community Schools (Special Education), G & G Living, Unlimited Services and
Adaptive Sports lowa. They also coordinated with Vets Park current user groups
including Dubuque Pony League, Clarke University, Wahlert and private renters of the
ball diamonds.
The Miracle League site plan was presented to the Park and Recreation Advisory
Commission on February 14, 2017. The commission unanimously recommended
approval of the location and use of VeYs Park based on the site plan presented. The
City Council approved both the meeting following.
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RELATIONSHIP TO COUNCIL VISION, GOALS AND OUTCOMES
"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..." This project intersects with numerous elements of the
2035 Vision as you can see.
It meets the following Council goals and desired outcomes:
Vibrant Community: Healthy and Safe
Outcome: Continue to become an inclusive and equitable community in which all feel
welcome, included and leaving no one behind.
Partnership for a Better Dubuque: Building our Community that is Viable and Equitable
Outcome: Become an inclusive and welcoming community for all
Have non-profit institutions, private businesses and educational institutions contributing
toward implementation of the Imagine Dubuque Plan
Diverse Arts, Culture, Parks and Recreation: Experience and Activities
Have well built, well maintained and upgraded parks and park amenities
Have family oriented programs and activities
DISCUSSION
The City Council at their October 1 , 2018 meeting approved the Development
Agreement with Miracle League of Dubuque. The Development Agreement defined the
terms of the lease. The lease that was developed addresses after the construction is
complete and the project is accepted the usage of the project area by Miracle League of
Dubuque. The lease term would not start until the construction project is complete. By
holding the public hearing, the lease can take effect immediately upon acceptance of
the project.
Miracle League of Dubuque is fundraising for the construction of all the amenities
described in the agreement. The total project is estimated at $3.59 million. They have
received donations from individual donors, businesses and community foundations and
are applying for a Community Attractions and Tourism grant.
After the project is complete the City of Dubuque will be in charge of day-to-day
maintenance of all the amenities constructed. The Miracle League Complex will be
used and owned by the City as a public park to be enjoyed by all. The City of Dubuque
will partner with Miracle League of Dubuque to provide a Miracle League program in the
summer and the fall. The League is the first priority use of the Complex according to the
lease.
The Parks and Recreation Commission at a special meeting held on September 26,
2018 reviewed the Lease agreement and unanimously approved recommending
acceptance of the agreement to the City Council.
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RECOMMENDATION:
I respectfully and wholeheartedly recommend and request City Council approval of the
Resolution and Lease Agreement Between the City of Dubuque, lowa and the Miracle
League of Dubuque after the Public Hearing.
cc: Maureen Quann, Assistant City Attorney
Dan Kroger, Recreation Division Manager
Steve Fehsal, Parks Division Manager
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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. 316-18
APPROVING THE DISPOSAL OF AN INTEREST IN REAL PROPERTY OWNED BY
THE CITY OF DUBUQUE BY LEASE BETWEEN THE CITY OF DUBUQUE, IOWA AND
THE MIRACLE LEAGUE OF DUBUQUE
WHEREAS, the City of Dubuque, Iowa (City) owns the real property described as
Veterans Memorial Park, located at 2700 Northview Drive in the City of Dubuque, Iowa;
and
WHEREAS, City and Miracle League of Dubuque have negotiated a Lease
Agreement for part of Veterans Memorial Park. A copy of Lease Agreement is on file at
the office of the City Clerk, City Hall, 13th and Central Avenue, Dubuque, Iowa; and
WHEREAS, on October 1, 2018, the City Council approved the Miracle League Field
Agreement; and
WHEREAS, pursuant to notice published as required by law the City Council of the
City of Dubuque held a public hearing on its intent to dispose of the foregoing interest in real
property by Lease Agreement and overruled all objections thereto; and
WHEREAS, the City Council believes it is in the best interests of the City of Dubuque
to approve the Lease Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Lease Agreement between the City of Dubuque and Miracle
League of Dubuque attached hereto is hereby approved and the Mayor is authorized to
execute said Lease Agreement on behalf of the City of Dubuque.
Section 2. That the City Manager is authorized to take such actions as are
necessary to carry out the terms of the Lease Agreement as herein approved.
Passed, approved and adopted this 15th day of October, 2018.
Attest:
Kevin'. Firnstahl, City Clerk
y D. Buol, Mayor
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LEASE AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
THE MIRACLE LEAGUE OF DUBUQUE
T, is lease agreement (Lease Agreement) is entered into on this,day of
)/1 , 2018 by and between the City of Dubuque, Iowa, a municipal
corporation organized and existing under the laws of the state of Iowa (City) and the
Miracle League of Dubuque, an Iowa 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, Iowa 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
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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, Iowa
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 July 6 , 2020, and lasts for a period of
twenty-five years, until 11:59 P.M. on July 6 , 2025 (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 Tess 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.
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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.
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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.
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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
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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 .
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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.
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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, Iowa;
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 16`"day of
QG$obct-- , 2018.
CITY OF D UQUE, IOWA MIRACLE LEAGUE OF DUBUQUE
By: % v',.�,.I'
Roy D. Buol ayor
Attest:
By:
Kevin
City Clerk
By:-�. a.:.
Merlin P. Santjer, Miracl eague of Dubuque
9
JCO Rev. 09/06/18
Exhibit A
Dedicated Area
10
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' #�'� � `''� " �• �',1 ___- EXHIBIT A �I o"���� '
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L�BUQUE _,_._v__�__�...._ ii=
` - +t - - it _� ��: � �DCDICATED a�
_ -�_ � �l � �I_cASE AREA I': -' —
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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
EXHIBIT B
PHASES OF CONSTRUCTION
24
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PICNIG!SHADE PAR;< _ ��I , .,
31
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32
EXHIBIT C
EXISTING VETERANS MEMORIAL PARK BALLFIELDS AND AMENITIES
IN MIRACLE LEAGUE COMPLEX AREA
33
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34
EXHIBIT D
CONSTRUCTION EASEMENT AREA
35
�LCHIISI I'1) � � .���
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cousraucrioN '�r, �- �
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OVERALL PARK PLAN . � � ...." �- ��� ... `� � . _
37
EXHIBIT E
DEDICATED LEASED AREA
38
° � k�
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' y ��. � ., EXHIB]] E s � ��y�
�gp _': �. _t� � � i�n�uiu u.�si �v 32
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OVERALL PARK PLAN . """�-T �� . k� P
P_ �—
39
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher
of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County
of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper
on the following dates: October 05, 2018, and for which the charge is $43.17.
s /oder
Subscribed to before me, a Notary Public in and for Dubuque County, Iowa,
this //1 day of ,, , 20 /8 .
Notary Public in and for Dubuque County, Iowa.
MAR hY WES ERiT MEYER
;omrroission Number 154885
My Commission Exp. Feo 1, 202.0
CITY OF DUBUQUE,
IOWA
OFFICIAL NOTICE
PUBLIC NOTICE 'is
hereby given that the
City Council of the City
of Dubuque, Iowa, will
hold a public hearing
on the 15th day of Oc-
tober 2018 at 6:00 p.m.
in, the Historic Federal
,Building, 350 West 6th
Street, " second floor,
Dubuque, ` Iowa, ` at
which meeting the City
Council proposes to
dispose of an interest
in the following de-
scribed real property
by lease to Miracle
League of Dubuque:
Portion(s) of Veterans
Memorial .' Park, 2700
Northview Drive, in the
City of Dubuque, Iowa
Copies of supporting
documents for the pub-
lic hearings are on file
in the City Clerks Office
and may be viewed
duringnormal working
hours.
At the meeting, the
'City Council will re-
ceive Loral` -and written
cai1Ments frorrl,;.AnY:
resident or property
owner of, said City to
the above' action.Writ-
ten "coninents ''regard-
ing the above public
hearing may be sub-
mitted to the City
Clerks OfF,ice,City Hall,
50 W 13th Street, ort or
before ',said . time' °of
public hearing
Any visual or hear-
ing impaired . ,persons"
needing special assis-
tance or persons with
special ;:accessibility'.
needs sliou(d contact
the City Clerks Office
at (563) 589-4100
TTY 563)'.690-6678" at
least 48 hours prior to
the meeting
Dated this 5th ,day of
October2018:
Kevin S Firnstahl,
CMC City Clerk
RESOLUTION •�
NO. 293-18
RESOLUTION . SET-
TING DATE OF PUB
• LIC 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 partic-
ipate in,organized'
recreational ".programs
and activities just like
their" brothers, sisters,
families and friends;
Whet-eas x "Miracle
League '.of Dubude
wishesto' enter' into
this lease; to provide
opportunities for. all;
and
Whereas this Project
furthers the 2035 Vi-
sion of the City Council
that Dubuque 2035 is a
sustainable and :re-
silient city and an in-
clusive . and equitable,
community ... Our, resi
, dents ° experience
healthy living and ac-
tive lifestyle ,.. and ,l
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"Coun-
6l Chambers (second
floor) 350 W. 6th
Street, .Dubuque; Iowa,
at which time interest-
ed 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
timeand place' of such
hearing to be published
pehaving
geninaeralnewscirculationapr :in
the City of Dubuque,
Iowa, " which notice
shall be publishednot
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 1st day
of October 2018.
Lbis Del Toro,
Mayor Pro Tem
Attest: Kevin S.
Firnstahl, City Clerk
It 10/5