Dubuque Children's Zoo Booster Lease Approval_FDR ParkCopyrighted
April 6, 2020
City of Dubuque Consent Items # 8.
ITEM TITLE: Dubuque Children's Zoo Booster Lease Approval
SUMMARY: City Manager recommending approval of the annual
renewal to the 5-year lease agreement with the Dubuque
Children's Zoo Boosters, Inc.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve
ATTACHMENTS:
Description Type
Dubuque Children's Zoo Booster Lease Approval-MVM City Manager Memo
Memo
Staff memo Staff Memo
Dubuque Children's Zoo Booster Lease Supporting Documentation
Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Dubuque Children's Zoo Booster Lease
DATE: March 25, 2020
Dubuque
All-A.aia City
111111
2007.2012.2013
2017*2019
Leisure Services Manager Marie Ware recommends City Council approval of a 5-year
lease agreement with the Dubuque Children's Zoo Boosters, Inc.
The Dubuque Children's Zoo Boosters have leased a portion of FDR Park for many
years to operate the Storybook Children's Zoo. The lease has a $1.00 rental fee due
each year on or before May 1st. The Zoo Boosters are responsible for the upkeep and
maintenance of the zoo property, including trash pickup, and are also responsible for all
utilities and the care and display of the animals on the zoo property.
The Parks and Recreation Commission unanimously recommended approval of the
agreement at their March 10, 2020 meeting.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
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:
FROM:
SUBJECT:
DATE:
Michael C. Van Milligen, City Manager
Marie L. Ware, Leisure Services Manager
Dubuque Children's Zoo Booster Lease
March 13, 2020
INTRODUCTION
Dubuque
AII•Arerica City
rl1r
(I
2007.2012.2013
2017*2019
The purpose of this memorandum is to request approval of the 5-year lease agreement
with the Dubuque Children's Zoo Boosters, Inc.
DISCUSSION
The Dubuque Children's Zoo Boosters have leased a portion of FDR Park for many
years to operate the Storybook Children's Zoo. The attached lease agreement was
updated by the City Attorneys office. The lease was reviewed and approved by Senior
Counsel Barry Lindahl. The lease has a $1.00 rental fee due each year on or before
May 1st. The Zoo Boosters are responsible for the upkeep and maintenance of the zoo
property including trash pickup. The Zoo Boosters are also responsible all utilities and
the care and display of the animals on the zoo property.
The Parks and Recreation Commission at their March 10, 2020 meeting unanimously
recommended approval of the agreement.
RECOMMENDATION
I respectfully recommend approval and authorization of the attached lease agreement
with the Dubuque Children's Zoo Boosters, Inc.
Prepared by Steve Fehsal, Park Division Manager
Attachment -Lease
1
LEASE AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
DUBUQUE CHILDREN'S ZOO BOOSTERS, INC.
THIS LEASE AGREEMENT, dated for reference purposes theday of
, 2020, is made and entered into by and between the City of Dubuque,
Iowa (City), whose address for the purpose of this Lease Agreement is 2200 Bunker Hill
Road, Dubuque, Iowa, and Dubuque Children's Zoo Boosters, Inc. (Zoo Boosters), whose
address for the purpose of this Lease Agreement is 1724 Geraldine Drive, Dubuque,
Iowa.
WHEREAS; City is the owner of a public facility known, called and named Franklin.
D. Roosevelt Park (the Park); and
WHEREAS, Zoo Boosters desires to lease a section of the Park shown on Exhibit
A (the Leased Premises) from City to operate a children's zoo (the Zoo); and
WHEREAS, it is deemed to be in the best interest of both parties to this Lease
Agreement and to the public in general that Zoo Boosters lease the Leased Premises:
NOW, THEREFORE, the parties hereto mutually agree as follows:
SECTION 1. TERM OF LEASE AGREEMENT. This Lease Agreement is for a term of
one (1) year commencing May 1, 2020, and terminating at midnight on April 30, 2021.
This Lease Agreement shall automatically renew upon expiration from year-to-year, for a
total of five (5) one-year renewal terms, upon the same terms and conditions, unless
either party gives due and timely written notice of its desire to terminate this Lease
Agreement pursuant to Section 13.2 of this Lease Agreement.
SECTION 2. RENT. The annual rental of one dollar ($1.00) must be paid to City by
Zoo Boosters on or before the 1st day of May, 2020, and on or before May 1 of each
renewal term.
SECTION 3. USE OF THE LEASED PREMISES. Zoo Boosters agree that during the
term of the Lease Agreement, the Leased Premises will be used exclusively for zoo
purposes. Animals displayed at the Leased Premises are limited to domestic/farm type
animals. No animals may remain at the Leased Premises between October 1st and May
1st of each year of this Lease Agreement. Zoo Boosters may not allow the Leased
Premises to be used by any other individuals, groups, organizations or agencies without
the prior written permission from City's Leisure Services Manager.
SECTION 4. GROUNDS AND BUILDING MAINTENANCE.
020720ba1
4.1 Zoo Boosters is responsible for parking lot maintenance, well maintenance and
repair, septic system maintenance and repair, and playground and picnic area
development and maintenance at the Leased Premises and removal of trash from the
Leased Premises. City will not provide trash pickup.
4.2 Zoo Boosters is ;responsible for all grounds maintenance and. improvements,
including but not limited to grass cutting, walkway, tree, flowerbed, and general grounds
maintenance at the Leased Premises. Zoo Boosters must install, repair, and maintain
fencing sufficient to prevent livestock from entering or exiting the Leased Premises.
4.3 Zoo Boosters is responsible for all building maintenance and improvements,
including but not limited to interior and exterior building repair and painting, heating
system maintenance, plumbing, electric, roof repair and maintenance, and pest control at
the Leased Premises.
4.4 Any improvements made by Zoo Boosters must remain on the Leased Premises
upon termination of this Lease Agreement, and will then become the property of City. Any
proposed material improvements or modifications to the Leased Premises must be
submitted in writing to the Leisure Services Manager for approval, which approval may
not be unreasonably withheld.
4.5 All improvements made by Zoo Boosters must be built, erected and maintained in
strict conformity with all applicable federal, state or municipal statutes and ordinances,
and rules and regulations of the City of Dubuque Park and Recreation Commission.
SECTION 5. UTILITIES AND REFUSE. Zoo Boosters must pay the costs of all utilities
serving the Leased Premises and must keep the Leased Premises free of litter and trash
at all times.
SECTION 6. STAFFING. Zoo Boosters must provide competent and qualified staff
under appropriate supervision to plan and implement its activities and to care for the Zoo.
SECTION 7. MANAGEMENT AND CONTROL. Zoo Boosters has the sole
management authority and control of the Leased Premises.
SECTION 8. MONIES AND CONTRIBUTIONS. Zoo Boosters must use all monies and
contributions derived from the use of the Leased Premises to operate, maintain, and
improve the Zoo.
SECTION 9. CARE AND DISPLAY OF ANIMALS.
9.1 Zoo Boosters agree to comply with all federal, state and local laws for the care of
animals displayed at the Zoo. All federal, state and local licenses or permits for the
confinement and exhibition of animals must be obtained by Zoo Boosters and copies
thereof must be furnished to City.
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9.2 All animals must be displayed in a cage or pen in such a manner as to prevent
human contact. The cage or pen must be fenced in such a manner to prevent humans
from reaching into the cage or pen. The petting of animals by visitors to the Zoo must be
strictly prohibited, except for the petting of goats and horses, which may be displayed in
such a way to allow petting. Any animal found dead must be removed by Zoo Boosters
from the Leased Premises immediately.
SECTION 10. INSURANCE. Zoo Boosters must maintain at all times during the term
of this Lease Agreement insurance as set forth in the attached Insurance Schedule A.
SECTION 11. INDEMNITY. Zoo Boosters agrees to indemnify and hold harmless City,
its officers and employees, from any and all damages or claims whatsoever, to persons
or property, arising out of this Lease Agreement or by reason of Zoo Booster's use or
misuse of the Leased Premises.
SECTION 12. ASSIGNABILITY. Zoo Boosters may not assign or transfer any interest
in this Lease Agreement without the prior written approval of City. Such prohibition
includes contracts with third parties for the custody, management or operation of the
Leased Premises or any part thereof.
SECTION 13. TERMINATION.
13.1 In the event either party fails to keep, perform and observe in a timely and proper
manner any of its covenants or obligations under this Lease Agreement and any such
violation is not cured or remedied within thirty (30) days after the date the party receives
written notice from the other party of such failure or violation, or, if it is not practicable to
cure or remedy such failure or violation within such thirty -day period, within such longer
period as is reasonable under the circumstances, and as is specified in such notice, then,
in such event, the other party may, at its option, terminate this Lease Agreement by written
notice to the other. Upon termination, City has the right to enter the Leased Premises
and assume exclusive use and control thereof.
13.2 This Lease Agreement may also be terminated by either party for any reason with
or without cause upon sixty (60) days written notice delivered to the other party.
13.3 Upon termination of this Lease Agreement for any cause whatsoever, Zoo
Boosters, at the option of City, agrees to surrender possession of the Leased Premises
in its condition as when first leased or to restore the leased premises to substantially the
same condition, ordinary wear and tear excepted.
SECTION 14. INSPECTIONS. City reserves the right to conduct periodic inspections
of the Leased Premises for the purpose of determining whether the terms and conditions
of this Lease Agreement are being promptly and faithfully performed by Zoo Boosters.
3
CITY OF DUBUQUE, IOWA
114:4M0/1/-7
Michael C. Van Milligen
City Manager
ATTEST:
"e9
b
Ke n S. Firnstahl, City Clerk
DUBUQUE CHILDREN'S ZOO
BOOSTERS, INC.
By:
Ste hen Bell, President
FAUsers1tstecklelindahl\Agreements\DubuqueChildrensZooBoostersLease_2020_020720bal.docx
2,9
EXHIBIT A
THE LEASED PREMISES
5
Storybook+ Zoo Maintanence Area
INSURANCE SCHEDULE A
7
City of Dubuque Insurance Requirements for Lessees of City Property and Right of Way
Licensees or Permittees
INSURANCE SCHEDULE A
Dubuque Children's Zoo Boosters, Inc. shall fumish a signed certificate of insurance to the City of
Dubuque,. Iowa for the coverage required in Exhibit I prior to the lease, license, or permit
commencement. Ail lessees of City property and right of way licensees or perrnittees shall submit
an updated certificate annually. Each certificate shall be prepared on the most current ACORD
form approved by the Iowa Insurance Division or an equivalent Each certificate shall include a
statement under Description of Operations as to why the certificate was issued. Lease 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. Best's Rating Guide.
3. Each certificate shall be furnished to the Finance Department of the City of Dubuque.
4. The lessee, licensee, or pernittee shall be required to carry the minimum coveragellimits, or
greater if required by law or other legal agreement, in Exhibit I. Failure to provide the required
minimum coverage shall not be deemed a waiver of such requirements by the City of Dubuque_
Failure to obtain or maintain the required insurance shall be considered a material breach of the
lease, license, or permit.
All required endorsements shall be attached to certificate.
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
pemiittee must identify and list in writing all deviations and exclusions from the ISO form.
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 perrnittee'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.
10. Lessee, license & permittees shall he responsible for deductibles and self -insured retention_
Page 1 of 4 Schedule A Lessees Of City Property; Right Of Way Licensees or Permittees May 2019
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City of Dubuque Insurance Requirements far Lessees of City Property and Right of Way
Licensees or Permittees
INSURANCE SCHEDULE A (Continued)
EXHIBIT
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 in 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 form 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-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 Segways in the conduct of
business, include an endorsement reflecting that these vehicles are not excluded
from Commercial General Liability coverage.
7) Policy shall include Waiver of Right to Recover from Others Endorsement,
B) WORKERS' COMPENSATION & EMPLOYERS LIABILITY
Statutory Beneffts covering all employees injured on the job by accident or disease as
prescribed by Iowa Code Chapter 85.
Coverage A
Coverage B
Statutory —State of Iowa
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 Iowa
Code sec. 87_22. Completed form must be attached.
Page 2 of 4 Schedule A Lessees Of City Property; Right Of Way Licensees ar Permittees 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)
C) POLLUTION LIABILITY
Coverage required: yes X no
Pollution liability coverage shall be required lithe lessee, contracting party, or perrnittee
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
$2,040,000
S4000,00C
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) or its equivalent and CG2037(completed operations) 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 X no
Evidence of property coverage provided: yes
Include the City of Dubuque as Lender Loss Payable.
E) RIGHT-OF-WAY WORK ONLY:
UMBRELLA/EXCESS
yes X no
$1,000,00C
Umbrella/excess liability coverage must be at least following form with the underlying
policies included herein.
F) FLOOD INSURNACE
yes X no
If Required Coverage
Page 3 of 4 schedule A Lessees Of City Property; Right Of Way Licensees or Permittees May 2019
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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 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, Iowa 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 Iowa 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, Iowa under this policy for
reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of
the defense(s) of governmental immunity asserted by the City of Dubuque, Iowa.
No Other Change in Policy. The above preservation of governmental immunities shall not otherwise
change or alter the coverage available under the policy.
SPECIME\
(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 May 2019
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