Tri-State Modelers Club Lease Agreement_FDR ParkCopyrighted
April 6, 2020
City of Dubuque Consent Items # 9.
ITEM TITLE: Tri-State Modelers Club Lease Agreement
SUMMARY: City Manager recommending the annual renewal of a 5-year
lease agreement with the Tri-State Modelers Club.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt
Resolution(s)
ATTACHMENTS:
Description
Type
Tri-State Modelers Club Lease Agreement-MVM Memo City Manager Memo
Staff memo Staff Memo
Tri State Modelers Club Lease Supporting Documentation
Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Tri-State Modelers Club Lease Approval
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 Tri-State Modelers Club.
The Tri-State Modelers Club have leased a portion of FDR Park for many years to
operate a remote -controlled model airplane complex. The lease has an annual rental
fee of $300 due each year on or before May 1st. The Club is responsible for the
upkeep and maintenance of the club property, including trash pickup, and is responsible
for maintaining proper control of the access gate to the model airplane complex.
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: Michael C. Van Milligen, City Manager
FROM: Marie L. Ware, Leisure Services Manager
SUBJECT: Tri-State Modelers Club Lease Approval
DATE: March 13, 2020
INTRODUCTION
Dubuque
AII•Arerica City
rl1r
(I
2007.2012.2013
2017*2019
The purpose of this memorandum is to approval of the 5-year lease agreement with the
Tri-State Modelers Club.
DISCUSSION
The Tri-State Modelers Club have leased a portion of FDR Park for many years to
operate a remote -controlled model airplane complex. 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 an annual rental fee of $300.00 due each
year on or before May 1st. The Club is responsible for the upkeep and maintenance of
the club property including trash pickup. The club is also responsible for maintaining
proper control of the access gate to the model airplane complex.
The Parks and Recreation Commission unanimously recommended approval of the
lease agreement at their March 10, 2020 meeting.
RECOMMENDATION
I respectfully recommend approval and authorization of the attached lease agreement
with the Tri-State Modelers Club.
Prepared by Steve Fehsal, Park Division Manager
Attachment -Lease
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LEASE AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
TRI-STATE MODELERS
THIS LEASE AGREEMENT, dated for reference purposes the day of
, 2020, is made and entered into by and between the City of Dubuque, Iowa
( ity), whose address for the purpose of this Lease is 2200 Bunker Hill Road, Dubuque,
Iowa, and Tri-State Modelers (Club), whose address for the purpose of this Lease is
11180 John F. Kennedy Road, Dubuque, Iowa, 52001.
WHEREAS, City is the owner of a public facility known, called and named Franklin
D. Roosevelt Park (the Park); and
WHEREAS, Club desires to lease a section of the Park shown on Exhibit A (the
Leased Premises) from City to fly remote controlled model airplanes, and
WHEREAS, City agrees to lease the Leased Premises to Club but only upon the
terms and conditions set forth herein.
NOW, THEREFORE, the parties hereto mutually agree as follows:
SECTION I. TERM OF LEASE AGREEMENT. This Lease Agreement is fora 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 12.2 of this Lease Agreement.
SECTION 2. RENT. The annual rental of $300.00 must be paid to City by Club 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. Club agrees that during the term of
this Lease Agreement, the Leased Premises will be used exclusively for the flying of
remote controlled Unmanned Aerial Systems provided operators agree to comply with all
federal, state, and local laws and regulations governing such operations. Club 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.
4.1 Club is responsible for all roadway maintenance from the access gate to the
landing strip, to the level determined by Club for Club's use.
020720ba1
4.2 Club must maintain all grounds and improvements, including but not limited to
grass cutting, walkway, tree, flowerbed, and general grounds maintenance.
4.3 Club must maintain all buildings and improvements, including but not limited to
interior and exterior building repair and painting, and roof repair and maintenance.
4.4 Club may not make any material improvements or modifications to the Leased
Premises without the prior written approval of City's Leisure Services Manager for
approval, which approval will not be unreasonably withheld.
4.5 All improvements made by Club must be built, erected and maintained in strict
conformity with all applicable federal, state or municipal statutes and ordinances, and
rules and regulations of City's Park and Recreation Commission.
SECTION 5. UTILITIES AND REFUSE. Club must keep the Leased Premises free of
litter and trash at all times and provide for the removal of trash from the Leased Premises.
City will not provide for trash collection.
SECTION 6. MANAGEMENT AND CONTROL. Club has the sole management
authority and control of the Leased Premises.
SECTION 7. MONIES AND CONTRIBUTIONS. Club must provide the monies
required to operate, maintain, and improve the Leased Premises.
SECTION 8. CONTROL AND ACCESS.
8.1 Except during times when Club holds events open to the public, Club must keep
the control gate to the main section of the Park closed at all times. Club must require that
after each club member enters the Park, the gate must be closed by such member. When
club members are not present the gate must be locked.
8.2 City will provide a padlock for the control gate and distribute keys to Club.
8.3 Club must direct its members, when using the Leased Premises, to proceed
directly to the landing strip and not use the remaining sections of the Park, unless to
retrieve a downed aircraft, Club may not hold any special events without the prior written
approval of City's Leisure Services Manager.
SECTION 9. INSURANCE. Club must maintain at all times during the term of this
Lease Agreement insurance as set forth in the attached Insurance Schedule A.
SECTION 10. INDEMNITY. Club 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 Club's use or misuse of the Leased
Premises.
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SECTION 11. ASSIGNABILITY. Club 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 custody, management or operation of the Leased Premises
or any part thereof.
SECTION 12. TERMINATION.
12.1 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 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.
12.2 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.
12.3 Upon termination of this Lease Agreement, for any cause whatsoever, Club, 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 13, 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 Club.
CITY OF DUBUQUE, IOWA
TRI-STATE MODELERS
By: � .�� By:
Michael C. Van Milligen f Je ry L. Anderson
City Manager P2r'esident
By:
KevS. Firnsfah City Clerk
FAUsersltstecklelLindahl\Agreements\TriStateModelersLease 2020 020720bal,docx
3
EXHIBIT A
THE LEASED PREMISES
4
0.025 0.05 0.1 0.15 0.2
.. Miles
5
INSURANCE SCHEDULE A
6
City of Dubuque Insurance Requirements for Lessees of City Property and Right of Way
Licensees or Permittees
INSURANCE SCHEDULE A
Tri-State Modelers shall furnish 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. All
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 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.
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 I_ 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 breach of the
lease, license, or permit.
6. 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
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 shag 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 be 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 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
Products -Completed Operations Aggregate Limit
Personal and Advertising Injury Limit
Each Occurrence
Fire Damage Limit (any one occurrence)
Medical Payments
$2,000,000
$1,000,000
$1,000,000
$1,000,000
$50,000
$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 pnmar/ 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 Benefits covering all employees injured on the job by accident or disease as
prescribed by lowa 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 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
INSURANCE SCHEDULE A (Continued)
C) POLLUTION LIABILITY
Coverage required: _ yes X no
Pollution liability coverage shall be required if the lessee, contracting party, or petmittee
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
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 Xno
Evidence of property coverage provided: _ yes
Include the City of Dubuque as Lender Loss Payable.
E) RIGHT-OF-WAY WORK ONLY:
UMBRELLA/EXCESS 51,000,000
_ yes X no
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 govemmental immunity available to the City of Dubuque, Iowa under Code of Iowa
Section 670.4 as it is now exists and as if 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.
SPECIVIE\
(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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