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Children's Zoo Boosters_Lease Agreement Renewal 2010Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Renew Lease with Children's Zoo Boosters DATE: April 12, 2010 Acting Leisure Services Manager Pat Prevenas recommends City Council approval of the lease renewal with the Dubuque Children's Zoo Boosters, Inc. for approximately ten acres of Roosevelt Park on North Cascade Road to operate the Storybook Hill Children's Zoo. This lease runs through April 30, 2015, with the same provisions as in the past, only updated for format and insurance requirement purposes. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Patrick J. Prevenas, Acting Leisure Services Manager Dubuque bitd AII•America City 2007 THE CITY OF DUB Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Patrick J. Prevenas, Acting Leisure Services Manager SUBJECT: Renew Lease with Children's Zoo Boosters INTRODUCTION The purpose of this memorandum is to ask the City Council to approve the lease renewal with the Dubuque Children's Zoo Boosters, Inc. DISCUSSION The Dubuque Children's Zoo Boosters, Inc. leases approximately ten acres of Roosevelt Park on North Cascade Road to operate the Storybook Hill Children's Zoo. In the past five years significant improvements have been made to the buildings and grounds and to the care of the animals. The Zoo has become one of the treasures of the community and is included in the Roosevelt Park Master Plan. This area has been leased to the Zoo Boosters for many years and this lease runs through April 30, 2015. The lease is the same as used in the past, only updated for format and insurance requirement purposes. RECOMMENDATION I recommend this lease agreement with the Dubuque Children's Zoo Boosters be approved by the City Council. ACTION STEP The action step is that the City Council approve the attached lease with the Dubuque Children's Zoo Boosters, Inc. and the Mayor be authorized to sign it. PJP:et attachment MEMORANDUM April 9, 2010 LEASE AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND DUBUQUE CHILDREN'S ZOO BOOSTERS, INC. THIS LEASE AGREEMENT is entered into on the day of 2010, by and between the City of Dubuque, Iowa (City), whose address for the purpose of this Lease is 2200 Bunker Hill Road, Dubuque, Iowa, and Dubuque Children's Zoo Boosters, Inc. (the Zoo Boosters), whose address for the purpose of this Lease Agreement is 975 Grove Terrace, 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 ExhibitA (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 that City hereby leases to Zoo Boosters the Leased Premises upon the terms and conditions set forth herein. Section 1. TERM OF LEASE AGREEMENT. This Lease Agreement shall be for a term of five (5) years, from May 1, 2010, through April 30, 2015. Section 2. RENT. The annual rental of one dollar ($1.00) shall be paid to City by Zoo Boosters on or before the 1st day of May, 2010. Section 3. USE OF THE AREA. Zoo Boosters agrees that during the term of the Lease Agreement, the Leased Premises shall be used exclusively for zoo purposes. Animals displayed at the Leased Premises are limited to domestic /farm type animals. No animals shall remain at the Leased Premises between October 1st and May 1st of each year of this Lease Agreement. Section 4. GROUNDS AND BUILDING MAINTENANCE. (a) Zoo Boosters shall be 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. City will provide trash pickup on a schedule to be determined entirely at City's discretion. (b) Zoo Boosters shall be 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. (c) Zoo Boosters shall be 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. (d) Any improvements made by Zoo Boosters shall remain on the Leased Premises upon termination of this Lease Agreement, and shall then become the property of City. Any proposed material improvements or modifications to the Leased Premises shall be submitted in writing to the Leisure Services Manager for approval, which approval shall not be unreasonably withheld. (e) All improvements made by Zoo Boosters 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 City of Dubuque Park and Recreation Commission. Section 5. STAFFING. Zoo Boosters shall provide competent and qualified staff under appropriate supervision to plan and implement its activities and to care for the zoo. Section 6. MANAGEMENT AND CONTROL. It is agreed and understood that sole management authority and control of the Leased Premises shall be by Zoo Boosters. Zoo Boosters agrees that all monies and contributions derived from the Leased Premises shall be used to operate, maintain, and improve the zoo. Section 7. CARE AND DISPLAY OF ANIMALS. Zoo Boosters agrees 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 shall be obtained by Zoo Boosters and copies thereof shall be furnished to City. All animals shall be displayed in a cage or pen in such a manner as to prevent human contact. The cage or pen shall 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 shall 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 shall be removed by Zoo Boosters from the Leased Premises immediately. Section 8. INSURANCE. Zoo Boosters shall maintain during the term of this Lease Agreement insurance as set forth in the attached Insurance Schedule A. Section 9. ASSIGNABILITY. Zoo Boosters shall 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. Section 10. TERMINATION. In the event either party shall fail 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 shall not be 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 shall be reasonable under the circumstances, and as shall be 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 shall have the right to enter the Leased Premises and assume exclusive use and control thereof. This Lease Agreement may also be terminated by City, upon sixty (60) days written notice to Zoo Boosters, if the Park is sold or the Leased Premises is needed, in City's judgment, for any purpose deemed appropriate by City. 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 11. 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. ATTESTED: Signed in duplicate by the parties hereto. ANNE F. SCHNEIDER, CITY CLERK By: By: CITY OF i U UE, IOWA RO D. OL, MAYOR DUBUQUE CHILDREN'S ZOO BOOSTERS, INC JULIE ERNST, PRESIDENT Existing Petting Zoo, Prairie Restoration r One Way Road Two Way Road .1 ' j ) Dog Park Shelters i f r i I Ponds Asphalt Pedestrian Trail : /// 9 , -- - j i Existing Agric ` / / Restroom' Facility ' '��` � \ _ ' Bleacher Sea J Asphalt Rd nd _ �« Parking) w •',,, Dubuque. Iowa r i ,fir + , l r ��, fie 1 � ( Restoration ;,N, Existing Shelter for Disc and Mountain Bike Area Restored Woodland Pedestrian Bnde, Low Water Crossing Ponds and Weir Interpretive Lead Mine Area Dog Park Main Shelter and Parking Managed Streambank Restroom Facility Final Master Plan Roosevelt Park it Main Park Entry'! / ! � Feature / � jc_ Bike Trail Head ' 1 �� /jr� and Parking Mountain Bike Area 30 Acres Woodlan Ttl - e ,._ wW r Crossing Pedestria Bridge 5 COr1FLUEf1CK October 21,2009 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 $2,000,000 Products - Completed Operations Aggregate Limit $1,000,000 Personal and Advertising Injury Limit $1,000,000 Each Occurrence Limit $1,000,000 Fire Damage Limit (any one occurrence) $ 50,000 Medical Payments $ 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) n 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. 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 POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR ADD'L INSRD TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM /DD/YY) POLICY EXPIRATION DATE (MM /DDIYY) LIMITS A X GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X DAMAGE TO RENTED PREMISES (Ea occurrence) - 50,000 CLAIMS MADE X OCCUR MED EXP (Any one person) $ 5,000 PERSONAL BADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ 1,000,000 — 1 POLICY 17{ j I EC I LI I LOC A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident) 1, 000,000 X BODILY INJURY (Per person) _ BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) ICI GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT OTHER THAN EA ACC AUTO ONLY: AGG EXCESS /UMBRELLA LIABILITY EACH OCCURRENCE 1 OCCUR I CLAIMS MADE AGGREGATE $ DEDUCTIBLE RETENTION $ 0 $ $ ' A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below ' (( X TORY LIMITS I i ER E.L. EACH ACCIDENT $ 100,000 E.L. DISEASE - EA EMPLOY $ 100,000 E.L. DISEASE - POLICY LIMIT $ 500,000 OTHER DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES /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 & non - contributing. Form CG 2504 0397 "Designated Locations" general liability aggregate limit is included. Governmental immunities endorsement is included. 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 8: 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 City CERTIFICATE HOLDER City of Dubuque 50 West 13th Street Dubuque, IA 52001 ACORD 25 (2001/08) INS025 (0108).06 AMS ST Zip Code St Zip Code FAX (563) 987 -6543 CANCELLATION AUTHORIZED REPRESENTATIVE VMP Mortgage Solutions, Inc. (800)327 -0545 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. © ACORD CORPORATION 1988 Page 1 of 2 (CORD 25 (2001108) ■S025 (0108) 06 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. 5 pECIM' s ES Page 2 of 2 POLICY NUMBER: This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE 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 1), 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 COMMERCIAL GENERAL LIABILITY CG 25 04 03 97 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED LOCATION(S) GENERAL AGGREGATE LIMIT 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.) 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 1), and for all medical expenses caused by accidents under COVERAGE C (SECTION 1), 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 26 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 11 — 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 THE CITY OF DUB MEMORANDUM Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Patrick J. Prevenas, Acting Leisure Services Manager SUBJECT: Renew Lease with Children's Zoo Boosters INTRODUCTION April 9, 2010 The purpose of this memorandum is to ask the City Council to approve the lease renewal with the Dubuque Children's Zoo Boosters, Inc. DISCUSSION The Dubuque Children's Zoo Boosters, Inc. leases approximately ten acres of Roosevelt Park on North Cascade Road to operate the Storybook Hill Children's Zoo. In the past five years significant improvements have been made to the buildings and grounds and to the care of the animals. The Zoo has become one of the treasures of the community and is included in the Roosevelt Park Master Plan. This area has been leased to the Zoo Boosters for many years and this lease runs through April 30, 2015. The lease is the same as used in the past, only updated for format and insurance requirement purposes. RECOMMENDATION I recommend this lease agreement with the Dubuque Children's Zoo Boosters be approved by the City Council. ACTION STEP The action step is that the City Council approve the attached lease with the Dubuque Children's Zoo Boosters, Inc. and the Mayor be authorized to sign it. PJP:et attachment LEASE AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND DUBUQUE CHILDREN'S ZOO BOOSTERS, INC. THIS LEASE AGREEMENT is entered into on the day of 2010, by and between the City of Dubuque, Iowa (City), whose address for the purpose of this Lease is 2200 Bunker Hill Road, Dubuque, Iowa, and Dubuque Children's Zoo Boosters, Inc. (the Zoo Boosters), whose address for the purpose of this Lease Agreement is 975 Grove Terrace, 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 that City hereby leases to Zoo Boosters the Leased Premises upon the terms and conditions set forth herein. Section 1. TERM OF LEASE AGREEMENT. This Lease Agreement shall be for a term of five (5) years, from May 1, 2010, through April 30, 2015. Section 2. RENT. The annual rental of one dollar ($1.00) shall be paid to City by Zoo Boosters on or before the 1st day of May, 2010. Section 3. USE OF THE AREA. Zoo Boosters agrees that during the term of the Lease Agreement, the Leased Premises shall be used exclusively for zoo purposes. Animals displayed at the Leased Premises are limited to domestic /farm type animals. No animals shall remain at the Leased Premises between October 1st and May 1st of each year of this Lease Agreement. Section 4. GROUNDS AND BUILDING MAINTENANCE. (a) Zoo Boosters shall be 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. City will provide trash pickup on a schedule to be determined entirely at City's discretion. (b) Zoo Boosters shall be 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. (c) Zoo Boosters shall be 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. (d) Any improvements made by Zoo Boosters shall remain on the Leased Premises upon termination of this Lease Agreement, and shall then become the property of City. Any proposed material improvements or modifications to the Leased Premises shall be submitted in writing to the Leisure Services Manager for approval, which approval shall not be unreasonably withheld. (e) All improvements made by Zoo Boosters 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 City of Dubuque Park and Recreation Commission. Section 5. STAFFING. Zoo Boosters shall provide competent and qualified staff under appropriate supervision to plan and implement its activities and to care for the zoo. Section 6. MANAGEMENT AND CONTROL. It is agreed and understood that sole management authority and control of the Leased Premises shall be by Zoo Boosters. Zoo Boosters agrees that all monies and contributions derived from the Leased Premises shall be used to operate, maintain, and improve the zoo. Section 7. CARE AND DISPLAY OF ANIMALS. Zoo Boosters agrees 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 shall be obtained by Zoo Boosters and copies thereof shall be furnished to City. All animals shall be displayed in a cage or pen in such a manner as to prevent human contact. The cage or pen shall 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 shall 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 shall be removed by Zoo Boosters from the Leased Premises immediately. Section 8. INSURANCE. Zoo Boosters shall maintain during the term of this Lease Agreement insurance as set forth in the attached Insurance Schedule A. Section 9. ASSIGNABILITY. Zoo Boosters shall 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. Section 10. TERMINATION. In the event either party shall fail 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 shall not be 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 shall be reasonable under the circumstances, and as shall be 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 shall have the right to enter the Leased Premises and assume exclusive use and control thereof. This Lease Agreement may also be terminated by City, upon sixty (60) days written notice to Zoo Boosters, if the Park is sold or the Leased Premises is needed, in City's judgment, for any purpose deemed appropriate by City. 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 11. 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. Signed in duplicate by the parties hereto. ATTESTED: CITY OF DUBUQUE, IOWA By: JEANNE F. SCHNEIDER, CITY CLERK ROY D. BUOL, MAYOR By: DUBUQUE CHILDREN'S ZOO BOOSTERS, INC JULIE ERNST, PRESIDENT INSURANCE SCHEDULE A April 2005 Existing _. Petting Zao Ikt P,e�tti�� Low W�fef Pond Interpretive =Dog Pai4 J Final Master Plan Roosevelt Park Dubuque, love qt 01-B , , WoodIanc 3ratl -= October 21, 2009 1 ti ED COf1FLUEf10E 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 $2,000,000 Products - Completed Operations Aggregate Limit $1,000,000 Personal and Advertising Injury Limit $1,000,000 Each Occurrence Limit $1,000,000 Fire Damage Limit (any one occurrence) $ 50,000 Medical Payments $ 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 SCHEDULE A (Continued) 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 E Certificate of Liability Insurance (2 pages) E Designated Location(s) General Aggregate Limit CG 25 04 03 97 (2 pages) ❑ Additional Insured 20 26 07 04 n Governmental Immunities Endorsement 2 of 2 January 2008 INSR LTR ADD'L INSRD TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MMIDDIYY) POLICY EXPIRATION DATE (MMIDDNY) LIMITS A X GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE S (Ea PREMISES (Ea occurrence) $ 50,000 MED EXP (Any one person) $ 5,000 I CLAIMS MADE I ° I OCCUR PERSONAL &ADVINJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 1, 000,000 GEM_ AGGREGATE LIMIT APPLIES PER: 7 POLICY ( 7C ( JEC ( I LOC A AUTOMOBILE — X — ^ — LIABILITY 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) $ . I GARAGE LIABILITY ANY AUTO AUTO ONLY • EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS 7 — /UMBRELLA LIABILITY OCCUR n CLAIMS MADE DEDUCTIBLE RETENTION $ 0 II EACH OCCURRENCE $ AGGREGATE $ $ $ $ • A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTNE OFFICER/MEMBEREXCLUDED9 If yes, describe under SPECIAL PROVISIONS below 'I WC STATU- ER X I f TORY LIMITS I I ER E.L. EACH ACCIDENT lOO 000 $ r E.L. DISEASE - EA EMPLOYEE $ 100,000 E.I. DISEASE - POLICY LIMIT $ 500,000 OTHER DESCRIPTION OF OPERATIONS /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 & non - contributing. Form CG 2504 0397 "Designated Locations" general liability aggregate limit is included. Governmental immunities endorsement is included. 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 (MMIDDIYYYY) 12/7/2007 NAIC # ACORD,. CERTIFICATE OF LIABIL PRODUCER (563) 123-4567 Insurance Agency Street Address City INSURED Company Street Ci COVERAGES 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 1S SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. CERTIFICATE HOLDER City of Dubuque 50 West 13th Street Dubuque, IA 52001 ACORD 25 (2001/08) INS025 (0108).06 AMS ST Zip Code St Zip Code FAX (563) 987 -6543 CANCELLATION VMP Mortgage Solutions, Inc. (800)327 -0545 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3 0 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 © ACORD CORPORATION 1981 Page 1 of :ORD 25 (2001108) 5025 (0108).06 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. SPE CL Bch Page 2 of 2 POLICY NUMBER: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED LOCATION(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE 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 COMMERCIAL GENERAL LIABILITY CG 25 04 03 97 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 1), 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 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) 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 COMMERCIAL GENERAL LIABILITY CG 20 26 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION 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. 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