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Dubuque Water Ski Club Lease Agreement 2010Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Lease with the Dubuque Water Ski Club DATE: April 12, 2010 Dubuque htilli AB•AmedcaCity 11 11 2007 MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Patrick J. Prevenas, Acting Leisure Services Manager Michael C. Van Milligen Acting Leisure Services Manager Pat Prevenas recommends City Council approval of the annual lease with the Dubuque Water Ski Club. I concur with the recommendation and respectfully request Mayor and City Council approval. Masterpiece on the Mississippi TO: FROM: SUBJECT: DATE: INTRODUCTION The purpose of this memorandum is to request City Council approval of the annual lease with the Dubuque Water Ski Club for a section of Schmit Island. DISCUSSION The Dubuque Water Ski Club has leased a section of Schmitt Island, next to Heron Pond by the Hilton Garden Inn, for many years. The attached lease agreement is the same as last year's agreement and has worked very well for both organizations. Main points of the lease include: • Annual lease with $500 rental fee • Club is responsible for building and grounds maintenance except the City mows the grass and picks up the trash. • Club members pay 50% of the per night camping fee at Miller Riverview Park to camp on the leased grounds. Camping units are limited to 6 on site and stays are limited to not more than 30 days. • Overnight parking of boats is limited to 8, two work boats, and one Dragon Boat. The Club has worked hard to improve the appearance of the leased area the past few years and has worked with the Dragon Boat Association on shared use of the leased area. They also work with our department to offer water skiing lessons for children. ACTION STEP The action step is that the City Council approve the attached lease agreement with the Dubuque Water Ski Club. PJP:et attachment Michael C. Van Milligen, City Manager Patrick J. Prevenas, Acting Leisure Services Manager Lease with the Dubuque Water Ski Club April 12, 2010 [2 Dubuque hail NI-An lca City 2007 LEASE AGREEMEAT BETWEEN THE CITY OF DUBUQ,UE, IOW AND DUBUQUE WATER SKI CLUBI This Lease A dated for reference purposes the - da y of )MY I I . ........ . ..... WHEREAS, Cit i's the owner of Miller Riverview Park ( the Park and WHEREAS, Cl�ub desires to lease the section of the Park shown on Exhibit A ( tht Leased Premises) from Cit to operate a' ski clu:lb; and WHEREAS It is deemed to be in the best interest of both parties to th,is a and to the public in, g eneral that Club lease the Leased Premises. 0 This Lease A shall be for a term of one ( 1 ) y ear, commencin at midni on Apri:i,," 30) 201 and term�in,atin� at m�idn,i on April 30, 201 The annu�al rental of $5iOO.,00 shall be paid to Cit on, or before the 1 st da of Ma 201 O Ak Oft 4.1 Club shall be responsibl�e for and shall perform all roadwa maintenance deemed necessar b Club from the access p e; Hi�ltoin Garden Inn parkin for Club's use. 4.2 Club shall be responsibile; for and shall perform all g rounds maintenance and maintenance of Improvements on the Leased Premises, includin but not limited tit walkway, tree, flowerbed, and general grounds maintenance. City shall mow the grass in the Leased Premises area, but Club shall trim around all trees, buildings, campers, boats, and other obstructions. 4.3 Club shall be responsible for all building maintenance and maintenance of 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. 4.4 Any improvements made by Club shall remain on the Leased Premises upon termination of this Lease and shall then become the property of City. Club shall not make any material improvements or modifications to the Leased Premises without the prior written approval of City's Leisure Services Manager, which approval shall not be unreasonably withheld. 4.5 All improvements made by club shall be built, erected and maintained in strict conformity with all applicable federal, state or municipal statutes and ordinances, and rules and regulations of the Park and Recreation Advisory Commission of city. SECTION 5. UTILITIES AND REFUSE. Club shall pay when due all costs of all utilities serving the Leased Premises. City shall remove trash from the Leased Premises on Mondays and Fridays, Memorial Day through Labor Day. SECTION 5, MANAGEMENT AND CONTROL. 0.1 ' It is agreed and understood that sole management authority and control of the Leased Premises, for and within the use stated in Section 3, shall be with club. 6.2 Club agrees that all monies and contributions derived from the use of the Leased Premises shall be used to operate, maintain, and improve the Leased Premises. SE 10 7E CONTROL AND ACCESS. 7.1 Club shall have the authority to limit general public access to the Leased Premises to best suit its purposes. Club shall make every reasonable effort to; ( Prohibit overnight camping except by club members who have paid 50% of the per night (non - electric) camping fee to the manager of Miller Riverview Park. (2) Limit camping units to six allowed on site at any one time and to limit any stay to no longer than thirty (30) consecutive days. At the end of a thirty -day stay, Club shall require that a camper must leave the Leased Premises for at least a five -day period. Club shall require that all camping units be in the same location, that location being agreed upon by club and City's Leisure Services Manager. 032607bal 2 (3) Restrict overnight parking of boats to eight boats used for water skiing; two work boats; and one Dragon Boat between Memorial Day and Labor Day. Club shall require that all boats be in the same location, that location being agreed upon by Club and City's Leisure Services Manager. (4) Police the Leased Premises to assure that no vehicles, other than City authorized vehicles, are allowed access to the wetland area; 7.2 Club agrees not to dump or allow to be dumped any trash, sweepings, or other waste material, in the channel along the Leased Premises, or on the banks thereof in such a manner that the same may readily be washed into the channel. Club shall allow access to the Leased Premises for utility service installations, subject to approval by City's Leisure Services Manager. Club's water system shall be tested by City's Health services Manager at the request of Club or City, and a certificate of testing shall be filed with City's Leisure Services Manager. 7.3 Any rights granted herein to Club are further subject to right of City, or its authorized agents or contractors to enter upon the Leased Premises to carry on any work or activity necessary in connection with the construction of flood control works or devices, or the clearing of obstructions in the Peosta Channel; 7.4 Club shall not use the Leased Premises for commercial purposes except for such purposes which are related to Clubs designated sport of waterskiing. Commercial uses of the Leased Premises shall be prohibited except at special water show events sponsored by Club, but only upon prior written notification to and approval by City's Leisure Services Manager and upon such terms, including appropriate additional insurance coverage, as may be required by City's Leisure Services Manager. 7.5 Club shall provide padlocks for the control gate and shall distribute keys to its members. A padlock provided by City will also be provided to allow access for City staff. The three -piece chain used to secure the gate will be provided by City. 7.5 Any special events on the Leased Premises must have prior approval of City's Leisure Services Manager and a special event permit as required by City. SECTION S. INSURANCE. Club shall provide insurance during the terra of this Lease Agreement as required by the attached Insurance Schedule. SECTION 9. INDEMNITY. Club agrees to defend, indemnify and hold harmless City, its officers and employees, from any and all damages or claims whatsoever to persons or property, by reason of Club's use of the Leased Premises. 032607ba1 3 7 . . . . ... .. .. 4f i V Club! shall not assi or transfer an interest in this Lease, A without the prior written approval of Cit Such pirohi'biit�ion includes contracts with third parties for custod mana or operation of' the Leased Premises or an part thereof. 111.,2, Thi's Lease A ma also be terminated b Cit upon si�xt (601) da written notice to Club if the Leased Premises or an part thereof is sold, or the Leased Premises o e an part thereof is needed for an purpose deemed appropriate b Cit in its sol discretiot. 11.,3 Upon term ination of this Lease A for an cause whatsoever, Club, at th option of Cit a to surrender possession of the Leased Premises i'n its condition a when first leased, or to restore the Leased Premises to subsitant,iall� the same condit,ion I ord�inar wear and tear exciepteid. I Cit reserves the ri to conduct periodic i�nspectioins of the Leased Premises for the purpose of dete;rmi�n�in whether the terms, and conditions of this Lease A are bein prornptl and faithfull performed b Cl �7 D",441, 0 low :B no MW eanne F'. Schneider, Cit Clerk O Y A eil'ct, Pt ve. iic 0326. l 4 Exhibit A Dubuque Greyhound Park INSURANCE SCHEDULE A INSURANCE REQUIREMENTS FOR TENANTS AND LESSEES OF CITY PROPERTY OR VENDORS (SUPPLIERS, SERVICE PROVIDERS) TO THE CITY OF DUBUQUE 1. All policies of insurance required hereunder shall be with an insurer authorized to do business in Iowa. All insurers shall have a rating of A or better in the current A.M. Best Rating Guide. 2. All Certificates of Insurance required hereunder shall provide a thirty (30) day notice of cancellation to the City of Dubuque, except for a ten (10) day notice for non- payment, if cancellation is prior to the expiration date. 3. shall furnish a signed Certificate of Insurance to the City of Dubuque, Iowa for the coverage required in Paragraph 6 below. Such certificates shall include copies of the following policy endorsements: a) Commercial General Liability policy is primary and non - contributing. b) Commercial General Liability additional insured endorsement. c) Governmental Immunity Endorsements. 4. Each certificate shall be submitted to the contracting department of the City of Dubuque. 5. Failure to provide minimum coverage shall not be deemed a waiver of these requirements by the City of Dubuque. Failure to obtain or maintain the required insurance shall be considered a material breach of this agreement. 6. shall be required to carry the following minimum coverage /limits or greater if required by law or other legal agreement: a) COMMERCIAL GENERAL LIABILITY General Aggregate Limit Products - Completed Operations Aggregate Limit Personal and Advertising Injury Limit Each Occurrence Limit Fire Damage Limit (any one occurrence) Medical Payments $2,000,000 $1,000,000 $1,000,000 $1,000,000 $ 50,000 $ 5,000 This coverage shall be written on an occurrence, not a claims made form. Form CG 25 04 03 97 "Designated Location (s) General Aggregate Limit" shall be included. All deviations or exclusions from the standard ISO commercial general liability form CG 0001, or Business Owners form BP 0002, shall be clearly identified. 1 of 2 January 2008 INSURANCE REQUIREMENTS FOR TENANTS AND LESSEES OF CITY PROPERTY OR VENDORS (SUPPLIERS, SERVICE PROVIDERS) TO THE CITY OF DUBUQUE Governmental Immunity Endorsement identical or equivalent to form attached. Additional Insured Requirement: 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 shall be named as an additional insured on General Liability Policies using ISO endorsement CG 20 26 0704 "Additional Insured — Designated Person or Organization," or it's equivalent. — See Specimen b) WORKERS' COMPENSATION & EMPLOYERS LIABILITY Statutory for Coverage A Employers Liability: Each Accident $100,000 Each Employee — Disease $100,000 Policy Limit — Disease $500,000 c) UMBRELLA EXCESS LIABILITY LIQUOR OR DRAM SHOP LIABILITY Coverage to be determined on a case by case basis by Finance Director. Completion Checklist INSURANCE SCHEDULE A (Continued) ❑ Certificate of Liability Insurance (2 pages) ❑ Designated Location(s) General Aggregate Limit CG 25 04 03 97 (2 pages) ❑ Additional Insured 20 26 07 04 ❑ Governmental Immunities Endorsement 2 of 2 January 2008 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR ADM. INSRD TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MMIDD/YY) POUCY EXPIRATION DATE (MM/DD/YY) LIMITS A X GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 PR PREMISES ( Ea occurrence) $ 50,000 MED EXP (Any one person) $ 5,000 I CLAIMS MADE X OCCUR PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP /OP AGG $ 1,000,000 GEM. AGGREGATE LIMIT APPLIES PER: 7 POLICY 17C i JEC LOC A AUTOMOBILE X UABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident) 1,000,000 BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) GARAGE LIABILITY 71 ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG $ — $ EXCESS/UMBRELLA 7 LIABILITY OCCUR CLAIMS MADE DEDUCTIBLE RETENTION $ 0 A EACH OCCURRENCE $ _ AGGREGATE $ $ $ $ A WORKERS COMPENSATION AND EM UABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED/ If yes describe under SPECIAL PROVISIONS below /1 / V ' e X WC STATUS I I ER 1 TORY LIMITS ER L. E. EACH ACCIDENT $ 100,000 E. DISEASE - EA EMPLOYEE $ 100 , 000 E.L. DISEASE - POLICY LIMIT $ 500,000 OTHER . DESCRIPTION OF OPERATION S /LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS City of Dubuque is listed as an additional insured on general liability policies using ISO endorsement form CG 2026 0704 "Additional Insured- Designated Person or Organization" or its equivalent. General Liability policy is primary 6 non - contributing. Form CG 2504 0397 "Designated Locations" general liability aggregate limit is included. Governmental immunities endorsement is included. CERTIFICATE HOLDER CANCELLATION City of Dubuque 50 West 13th Street Dubuque, IA 52001 • SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ty ITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURER A Insurance Company INSURER B INSURER C INSURER D INSURER E DATE (MM /DD/YYYY) 12/7/2007 NAIC # ACORD CERTIFICATE OF LIABIL PRODUCER (563) 123 -4567 Insurance Agency Street Address City INSURED Company Street Ci ST Zip Code St Zip Code FAx (563) 987 -6543 ACORD 25 (2001/08) INS025 (0108) AMS VMP Mortgage Solutions, Inc (800)327 -0545 ® ACORD CORPORATION 1988 Page 1 of 2 ACORD 25 (2001/08) NS025 (aim oe AMS IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. Page2of2 POLICY NUMBER: DESIGNATED LOCATION(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE COMMERCIAL GENERAL LIABILITY CG 25 04 03 97 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Designated Location(s): (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. For all sums which the insured becomes legally obligated to pay as damages caused by "occur- rences" under COVERAGE A (SECTION I), and for all medical expenses caused by accidents under COVERAGE C (SECTION I), which can be attributed only to operations at a single desig- nated "location" shown in the Schedule above: 1. A separate Designated Location General Aggregate Limit applies to each designated "location ", and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Location General Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A, except dam- ages because of "bodily injury" or "property damage" included in the "products- completed operations hazard ", and for medical expenses under COVERAGE C regardless of the num- ber of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits ". 3. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the Designated Loca- tion General Aggregate Limit for that desig- nated "location ". Such payments shall not re- duce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Location General Aggre- gate Limit for any other designated "location" shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Ex- pense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Location General Aggregate Limit. B. For all sums which the insured becomes legally obligated to pay as damages caused by "occur- rences" under COVERAGE A (SECTION I), and for all medical expenses caused by accidents under COVERAGE C (SECTION I), which can- not be attributed only to operations at a single designated "location" shown in the Schedule above: 1. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products - Completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Desig- nated Location General Aggregate Limit. CG 25 04 03 97 Page 1 of 2 CG 25 04 03 97 C. When coverage for liability arising out of the "products- completed operations hazard" is pro- vided, any payments for damages because of "bodily injury" or "property damage" included in the "products- completed operations hazard" will reduce the Products - Completed Operations Ag- gregate Limit, and not reduce the General Ag- gregate Limit nor the Designated Location Gen- eral Aggregate Limit. D. For the purposes of this endorsement, the Defi- nitions Section is amended by the addition of the following definition: Copyright, Insurance Services Office, Inc., 1996 "Location" means premises involving the same or connecting Tots, or premises whose connection is interrupted only by a street, roadway, waterway or right -of -way of a railroad. E. The provisions of Limits Of Insurance (SECTION III) not otherwise modified by this endorsement shall continue to apply as stipulated. Page 2 of 2 CG 25 04 03 97 COMMERCIAL GENERAL LIABILITY CG 20 26 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION POLICY NUMBER: This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional insured Person(s) Or Organization(s) 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. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to in- clude as an additional insured the person(s) or or- ganization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property dam- age" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: A. In the performance of your ongoing operations; or B. In connection with your premises owned by or rented to you. CG 20 26 07 04 All terms and conditions of this policy apply unless modified by this endorsement. Includes copyrighted material of Insurance Services Office, Inc. with permission. Page 1 of 1 © ISO Properties, Inc., 2004 CITY OF DUBUQUE, IOWA GOVERNMENTAL IMMUNITIES ENDORSEMENT 1. Nonwaiver of Governmental Immunity. The insurance carrier 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 insurance carrier 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 insurance carrier. 4. Non - Denial of Coverage. The insurance carrier shall not deny coverage under this policy and the insurance carrier 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. SPECIMEN 1 of 1 January 2008