Usage Agreement with Loras College for McAleece Recreation Area Petraksi FieldCopyrighted
March 2, 2020
City of Dubuque Consent Items # 8.
ITEM TITLE: Approval of Usage Agreement with Loras College for
McAleece Recreation Area Petrakis Field
SUMMARY: City Manager recommending approval of a three-year
extension to the current Usage Agreement with Loras
College for Petrakis Field in McAleece Recreation Area.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve
ATTACHMENTS:
Description
Loras College Usage Agreement for Petrakis Field-
MVM Memo
Staff memo
Type
City Manager Memo
Staff Memo
Usage Agreement with Loras College for Petrakis Field Supporting Documentation
Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Usage Agreement with Loras College for Petrakis Field
DATE: February 26, 2020
Dubuque
bitil
All-A.aia City
111111
2007.2012.2013
2017*2019
Leisure Services Manager Marie Ware recommends City Council approval of the Usage
Agreement with Loras College for Petrakis Field in McAleece Recreation Area. This is a
three-year extension of the current agreement.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
7'
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
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: Marie L. Ware, Leisure Services Manager
SUBJECT: Usage Agreement with Loras College for Petrakis Field
DATE: February 25, 2020
INTRODUCTION
Dubuque
AII•America City
NA11AL OW. IJIt A/I
2007*2012*2013
2017*2019
The purpose of this memorandum is to request approval of the Usage Agreement with
Loras College for Petrakis Field in McAleece Recreation Area for a term of three years.
BACKGROUND
Loras College has had a formal usage agreement with the City for their baseball teams'
use of Petrakis Field in the McAleece Sports Complex. Loras has used this field for
years and has been a valued partner with Leisure Services. The current term of the
agreement expired December 31, 2019. Extension of the term is requested by James
Collins, Loras College President.
Both the City and non-Loras users have benefitted from the improvements made to the
field. Those improvements were made with Loras sharing, or paying all, the costs of
those improvements. In the last 2 years, over $40,000 was been spent by Loras on a
new scoreboard and infield improvements. Future improvements could include changes
to the infield fences and additional turf. A proposal will be submitted for these
improvements.
Some history on our department's relationship with the local colleges may be helpful.
• COLLEGES: Loras College, Clarke University, and the University of Dubuque all
use some of our facilities and we use some of their facilities for our programs. We
do not charge each other any rental fees for this use. The following facilities are (or
have been) used by the colleges:
• Loras College: Petrakis Field (baseball field), Veterans' Memorial Park
softball fields for intramurals, and the practice area at the golf course for their
All Sports Camp.
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■ University of Dubuque: Bunker Hill Golf Course for a practice course for the
golf team, Flora Park volleyball and pickleball courts, and Veterans' Memorial
Park softball fields for intramurals.
■ Clarke University: Bunker Hill Golf Course for a practice course for the golf
team, Veterans' Memorial Park softball field as their home field (per a use
agreement).
The City in turn uses Loras and Clarke for our alumni basketball tournament, the
Loras pool for guard training, and the Loras Field House for our post -season
basketball tournament.
DISCUSSION
Loras uses the field as a practice and game site. Their main season is in the spring,
ending mid -May before the College dismisses. They practice in the fall from early
September to late October. These dates do not conflict with other users. In 2019, there
were 44 days of scheduled use on Petrakis by other programs.
Priority scheduling of the field usage is given to Loras until mid -May when their season
is completely over. All other users are scheduled as the field is available. Program
Supervisor Brian Feldott works directly with Loras to meet their needs in scheduling. In
addition to the 23 games that Loras plays on Petrakis, they practice on the field around
thirty times per year.
The current agreement includes:
• Three-year agreement, no fee
• Loras 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.
• Loras will prepare the field for their play and maintain the area around the field.
• Loras will not have exclusive use but will be given scheduling priority. Their use will
not conflict with our use.
RECOMMENDATION
I respectfully request City Council approval of the Usage Agreement with Loras College
for Petrakis Field for a term of three years.
Prepared By: Recreation Division Manager Dan Kroger
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USAGE AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
LORAS COLLEGE
THIS USAGE AGREEMENT (the Agreement) dated for reference purposes the
a� S� day of f (kid r , 2020, is made and entered into between the City of
Dubuque, Iowa, a municipal' corporation (City) and Loras College (College).
SECTION 1. PREMISES AND TERM.
1.1. In consideration of the terms, covenants, conditions and agreements set forth in
this Agreement, City hereby permits College to use the Petrakis Field, 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, 2020 and terminating at 11:59 p.m. on December 31, 2022 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 Premises. 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 College's use of the Premises.
SECTION 3. IMPROVEMENTS.
3.1 University 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.
012.320ba1
3.2. Signage. College shall not place any signage on the Premises without the prior
written approval of the City Manager which approval shall be in the City Manager's sole
discretion. Signage shall only be displayed during times when College is using the
Premises.
SECTION 4. STORAGE. Storage is an issue at the McAleece Recreation Complex,
acknowledged by both parties and will be addressed during the term of this Agreement
as follows:
4.1. During the baseball season as outlined in Section 8.1, City will provide access to
College to a secured garage on the Premises.
4.3. College agrees to insure the contents of the secured garage as outlined in Section
9 and acknowledges City will not carry insurance on the contents.
4.4. College shall have the right to enter onto and travel across the Property for
purposes of storing material. Material and equipment shall be limited to items necessary
and pertinent to operations and maintenance of a college baseball facility.
4.5. College agrees that is shall not store or process any hazardous material on the
Property.
SECTION 5. UTILITIES. College shall pay all utilities associated with its use of the
Premises.
SECTION 6. REPAIRS / MAINTENANCE. College shall at all times during the term of
this Agreement, at College 's own cost 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. College shall not use any equipment nor materials owned
by the City without a prior written approval of the City's Recreation Division Manager or
Park Division Manager.
SECTION 7. 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 8. USE OF LICENSED PREMISES.
8.1. College agrees that during the term of this Agreement, the use of the Premises
shall be exclusively for College baseball games and practices. College shall observe the
following conditions:
1) All games and practices shall be scheduled through City's Leisure Services
Department.
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2) Use will be from March 1st through May 15th in the spring, and September
1st through October 15th in the fall.
3) College's usage may not be exclusive. College shall have priority over other
users.
SECTION 9. INSURANCE.
9.1. College shall at all times during the term of this Agreement maintain insurance as
set forth in the City's standard Insurance Schedule for Lessees of City Property, as such
uniform, standardized schedule may from time to time be amended. The current
Insurance Schedule is attached to this Agreement.
9.2. 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 10. INDEMNIFICATION.
10.1. 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.
10.2. Indemnification of College. Except as otherwise provided herein, City shall
protect, indemnify, and save harmless College, it's officers and employees 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 Toss 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 the
College by reason of such occurrence, City will, at City's expense, resist and defend such
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action, suit, or proceeding.
SECTION 11. ASSIGNMENT AND SUBLETTING. College shall not assign or transfer
this Agreement without the prior written consent of City.
SECTION 12. NOTICES.
12.1. 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:
TO UNIVERSITY:
City Manager
City of Dubuque, Iowa
50 West 13th Street
Dubuque, Iowa 52001
Loras College
1540 Alta Vista Street
Dubuque, IA 52001
12.2. 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
By: ,✓ 1 �`i
Roy D. B oI, Mayor
Attest:
LORAS COLLEGE
dcer /4/ ‘'11c)
Printed Name and Title
F:\Users\tsteckle\Lindahl\Agreements\Clarke Agreement 17 with Pod language_012320.docx
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City of Dubuque Insurance Requirements for Lessees of City Property and Right of Way
Licensees or Permittees
INSURANCE SCHEDULE A
1. Clarke University shall furnish a signed certificate of insurance to the City of Dubuque, Iowa for
the ooverage required in Exhibit I prior to the lease, license, or permit commencement. Alt
leSsees of City property and right of way licensees or permittees shall submit an updated
certificate annually. Each certificate shall be prepared on the most current ACORD form approved
by the lovva Insurance 'Division or an equivalent, Each certificate shall include a statement under
Desoription of Operations as to why the oertificate was issued. Eg: Usage Agreement dated
2. All policies of insurance required hereunder shall be with an insurer authorized to do business in
Iowa and all insurers shall have a rating of A or better in the current A.M. Bests Rating Guide,
3. Each certificate shall be furnished to the Finanoe Department of the City of Dubuque.
4. The lessee, licensee, or permittee shall be required to carry the minimum coverage/limits, or
greater if required by law or other legal agreement, in Exhibit 1. Failure to provide the required
minimum coverage shall not be deemed a waiver of such requirements by the City of Dubuque.
5. Failure to obtain or maintain the required insurance shall be considered a Material breaoh of the
lease, license, or permit.
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 Director of Finance and Budget. The lessee licensee, or
permittee must identify and list in writing all deviations and exclusions from the ISO form.
5. If lessee's, licensee's, or perrnittee's limits of liability are higher than the required minimum Iimits
then the lessees, licensee's, or permittee's limits shall be this agreement's 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.
1 . Lessee, license & permittees shall be responsible for deductibles and self -insured retention.
Page 1 of 4 Schedule A Lessees Of city Property; Right Of Way Licensees or Pernittees May 2019
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City of Dubuque 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 $2,000,000
Products -Completed Operations •Aggregate Limit $1,000,000
Personal °and Advertising Injury Limit $1,000,000
Each Occurrence $1,000,000
Fire Damage Limit (any one occurrence) $50,000
Medical Payments $5,000
1) Coverage shall be written on an occurrence, not claims made, form. The general
liability coverage shall be written ih accord with ISO form CG 00 01 or business
owners form BP 00 02. All deviations from the standard ISO commercial general
liability form CG 0001, or Business owners forrn BP 00 02, 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-coritributory.
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 arid/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 Segways in the conduct of
business, include an endorsement reflecting that these vehicles are not excluded
fromCommercial General Liability coverage.
7) Policy shall include Waiver of Right to Recover from Others Endorsement.
B) WORKERSCOMPENSATION & EMPLOYERS LIABILITY
Statutory Benefits covering all employees injured on the job, by accident or disease as
prescribed by Iowa Code Chapter 85.
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 include Waiver of Right to Recover from Others endorsement
Coverage B limits shall be greater if required by the umbrella/excess insurer.
OR
Nonelection of Workers' Compensation or Employers' Liability Coverage under lowa
Code sec. 87,22. Completed form must be attached.
Page 2 of 4 Schedule A Lessees Of City Property; Right Of Way Licensees or Perrnittees May 2019
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City of Dubuque Insurance Requirements for Lessees of City Property and Right of Way
Licensees or Permiftees
INSURANCE SCHEDULE A (Continued)
C) POLLUTION LIABILITY
Coverage required: yes L 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
Policy Aggregate
$2,000,000
$4,000,000
I) 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) or its equivalent and CG2037(completed operations) or
its equivalent.
3) Include Preservation of Governmental Irrimunities Endorsement
4) Provide evidence of coverage for 5 years after completion of project.
D) PROPERTY INSURANCE REQUIRED BY LEASE, LICENSE, OR PERMIT
X yes no
Evidence of property coverage provided: yes
Include the City of Dubuque as Lender Loss Payable.
RIGHT-OF-WAY WORK ONLY:
UMBRELLA/EXCESS $1,000,000
X yes no
Umbrella/excess IiabiHty coverage must be at least following form with the underlying
policies included herein.
F) FLOOD INSURANCE
yes X no
If Required Coverage
Page 3 of 4 Schedule A Lessees Of City Properly; Right Of Way Licensees or Permittees May 2019
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City of Dubuque Insurance Requirements for Lessees of City Pr petty and Right of Way
Licensees or Permittees
PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT
1. Nonwaiver of Governmental Immunity. The insurer expressly agrees and states that the purchase
of this policy and the including of the City of Dubuque, Iowa as an Additional Insured does not waive any
of the defenses of governmental immunity available to the City of Dubuque, lowa under Code of Iowa
Section 670.4 as it is now exists and as it may be amended from time to time.
2. Claims Coverage. The 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 lowa Section 670.4 as it
now exists and as it may be amended from time to time. Those claims not subject to Code of Iowa
Section:670.4 shall be covered by the terms and conditions of this insurance policy.
3. 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 do so upon the timely written
request of the insurer.
4. Non -Denial of Coverage. The insurer shall not deny coverage under this policy and the insurer
shall not deny any of the rights and benefits accruing to the City of Dubuque, lowa 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, lowa.
No Other Change in Policy. The above preservation of governmental immunities shall not otherwi e
ohange or alter the coverage available under the policy.
SPECIMEN
EPARTMENT MANAGER: FILL IN ALL BLANKS AND CHECK BOXES)
Page 4 of 4 Schedule A Lessees Of City Property; Right Of Way Licensees or Permittees May 2019
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