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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 1 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. 2 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 7 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 8 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 9 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 10