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Miracle League of Dubuque - Project Completion, Acceptance and Lease Initiation Copyrig hted J uly 6, 2020 City of Dubuque Action Items # 3. City Council Meeting ITEM TITLE: Miracle League of Dubuque Project Completion and Acceptance and Lease I nitiation SUM MARY: City Manager recommending City Council acknowledgement of the completion of the Miracle League of Dubuque project and recommends acceptance by the City of Dubuque that triggers the initiation of the Lease Agreement between the City and Miracle League of Dubuque approved on October 15, 2018. RESOLUTION Accepting Miracle League Complex in Veterans Memorial Park in the City of Dubuque, lowa and accepting the Bill of Sale transferring ownership of the Miracle League Complex to the City of Dubuque, lowa SUGGESTED Suggested Disposition: Receive and File;Adopt Resolution(s) DISPOSITION: ATTACHMENTS: Description Type Miracle League of Dubuque Project Completion and City Manager Memo Acceptance-MVM Memo Staff inemo Staff Memo Bill of Sale - signed Supporting Documentation Certificate of Completion Supporting Documentation Resolution Accepting Project Resolutions October 1, 2018 Miracle League Field Agreement By and Between The Ciry of Dubuque, lowa and The Supporting Documentation Miracle League of Dubuque October 15, 2018 Agenda - Lease Agreement Between the City of Dubuque, lowa and The Miracle League of Supporting Documentation Dubuque History of Miracle League of Dubuque Supporting Documentation Aerial Photo Supporting Documentation Dubuque THE CITY OF � ui-Aseria cih DuB E , . � . , � II � Maste iece on tj2e Mississi i zoo�•zoiz•zois YP pp zoi�*zoi9 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Miracle League of Dubuque Project Completion and Acceptance by the City of Dubuque and Lease Initiation DATE: July 1, 2020 Leisure Services Manager Marie Ware recommends City Council acknowledgement of the completion of the Miracle League of Dubuque project and recommends acceptance by the City of Dubuque. The acceptance triggers the initiation of the Lease Agreement between the City and Miracle League of Dubuque, which lease was approved October 15, 2018. After City Council acceptance the agreements specify the following: • The City owns all the amenities constructed by Miracle League of Dubuque and they become a part of Veterans Memorial Park. The Miracle League Complex will be used and owned by the City as a public park to be enjoyed by all. • The Miracle League of Dubuque project improvements are subject to the Lease Agreement. Miracle League of Dubuque will have preferential but non-exclusive use of the Miracle League Complex pursuant to a long-term lease agreement between the parties. The Miracle League of Dubuque has the first priority use of the Complex. Leisure Services is partnering with Miracle League of Dubuque to provide a Miracle League program in the fall. Funding for these and additional therapeutic recreation programs was approved by City Council during the FY20 and FY21 budget process. • The City will be responsible for the day-to-day routine maintenance and repairs of all the amenities constructed. The City will pay for utilities and trash removal. • The City or a contractor of the City's choice will operate a concession stand during Miracle League play. The acceptance of the Miracle League Complex project by City Council triggers the initiation of the Lease Agreement between the City and Miracle League of Dubuque effective upon City Council acceptance of the project. The Lease was approved on October 15, 2018 and was ready for initiation at the project completion. The lease agreement between the City and Miracle League of Dubuque will govern the new phase of usage. The lease agreement has a term that is for 25 years and starts upon the date of City Council acceptance. 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 Ware, Leisure Services Manager 2 Dubuque THE CITY OF � All-America Cily DuB E �������� ' � II ��' Maste iece on the Mississi i 2oo�•zoiz-zois �`P pp zoi��2oi9 TO: Michael C. Van Milligen, City Manager FROM: Marie L. Ware, Leisure Services Manager SUBJECT: Miracle League of Dubuque Project Completion and Acceptance by the City of Dubuque and Lease Initiation DATE: July 1, 2020 INTRODUCTION The purpose of this memorandum is to acknowledge the completion of the Miracle League of Dubuque (MLOD) project and recommend acceptance by the City of Dubuque. The acceptance triggers the initiation of the Lease Agreement between the City and Miracle League of Dubuque. The lease was approved October 15, 2018. BACKGROUND Tom and Carol Witry and Merle and Mary Santjer have a passion for persons with special needs. They had a dream to provide opportunities for persons with special needs to play baseball and have an all-inclusive playground beyond anything we currently have in Dubuque. Their dream was to build a Miracle League baseball field and all-inclusive playground for the Dubuque area children and adults with special needs. They approached the City with their dream in 2013. Miracle League is a national organization that serves children and young adults who suffer from any physical or mental disability that causes them to be excluded, whether intentionally or not from conventional youth baseball leagues. There are over 300 Miracle League organizations across America. Locally the Witrys and Santjers established Miracle League of Dubuque, a 501(c) 3 nonprofit that has a very active Board of Directors. The first step was to look for locations. Since it would be a regional amenity, finding a location on main roads and easy to find for visitors was a priority. It was determined through the analysis that Veterans' Memorial Park (Vet's Park) met the criteria for the Miracle Field and playground the best. MLOD gathered input from potential user groups of the proposed amenities including but not limited to Albrecht Acres, Hills and Dales, Area Residential Care (ARC), Unified Therapy, Camp Courageous, DAC, Dubuque Community Schools (Special Education), G & G Living, Unlimited Services, Adaptive Sports lowa and more. MLOD also coordinated with Vets Park current user groups including Dubuque Pony League, Clarke University, Wahlert and private renters of the ball diamonds. Miracle League of Dubuque anticipated the facility to be available to more than 10,000 people ages 2-31 in the Dubuque area who have documented disabilities that prevent them from fully participating in sports leagues or at a playground. This also could allow friends, neighbors, parents and grandparents that might have disabilities to come and play in an inclusive environment as well. Once completed the ballfield was to be used for Miracle League play and tournaments. The remainder of improvements would be an attraction for all persons from Dubuque and the region. Miracle League of Dubuque Board presented Veterans Park location and the use of Vets Park based on a site plan to the Park and Recreation Advisory Commission on February 14, 2017 and the City Council subsequently after that. The City Council approved both the location and site plan. The MLOD project plans included relocation of Veterans Field 3, a Miracle League field, an all-inclusive playground, a new restroom/concession/classroom/storage building, family plaza and picnic/shade areas, parking lot modification to add a drop off-loop, entry pavilion and Hall of Fame Boulevard. The park had ADA accessible walking paths, picnic areas, benches and adequate shade. The project had an estimated cost of$3.5 million. Miracle League of Dubuque fundraised to build the Miracle field, all-inclusive playground, and amenities. They received donations from individual donors, businesses, and community foundations. At the October 1, 2018 City Council meeting the Council approved the Miracle League Field Agreement By and Between the City of Dubuque, lowa and Miracle League of Dubuque. At the October 15, 2018 City Council meeting the Council approved the Lease Agreement Between the City of Dubuque, lowa and the Miracle League of Dubuque. Miracle League of Dubuque was responsible for the concept, design, construction, and fundraising. Once completed the City agreed to take over operations and maintenance of Miracle League structures and park amenities. The City agreed to be a co-applicant for a Community Attractions and Tourism grant (CAT grant). Eastern lowa Intergovernmental Association (ECIA) completed the CAT grant application for Miracle League of Dubuque and the City. The cost of their contract was paid for by Miracle League of Dubuque and support from the Grant Wood Loop/Keep lowa Beautiful project. The City contributed $50,000 to the Miracle League of Dubuque project. The CAT grant was approved and awarded on January 9, 2019 in the amount of$500,000. Initially the project had five phases. The community had such strong financial and in- kind support of the project that the MLOD Board was able to combine all phases into one project. The Miracle League of Dubuque held a Groundbreaking Ceremony on April 29, 2019. Construction started immediately after that. 2 RELATIONSHIP OF MLOD PROJECT TO COUNCIL VISION, GOALS AND OUTCOMES "Dubuque 2035 is a sustainable and resilient city and an inclusive and equitable community...0ur residents experience healthy living and active lifestyle....and have an abundance of fun things to do..." This project intersects with numerous elements of the 2035 Vision as you can see. It meets the following Council goals and desired outcomes: Vibranf Community: Healthy and Safe Outcome: • Continue to become an inclusive and equitable community in which all feel welcome, included and leaving no one behind. Partnership for a Better Dubuque: Building our Community that is Viable and Equitable Outcome: • Become an inclusive and welcoming community for all • Have non-profit institutions, private businesses and educational institutions contributing toward implementation of the Imagine Dubuque Plan Diverse Arts, Culture, Parks and Recreation: Experience and Activifies Outcome: • Have well built, well maintained and upgraded parks and park amenities • Have family-oriented programs and activities • Have amenities for special needs population • Plan, develop and maintain at a high-level specialty parks and venues responsive to the evolving community needs DISCUSSION The original timeline was for the project to be completed by spring of 2020. A combination of COVID-19 and poor weather changed those plans. The positive impact of this delay was the addition of funding and the opportunity to include the final playground alternate to the project. As a result, the Miracle League Complex Project was completed late in June of 2020 with the entire footprint of the playground complete with an abundance of play structures and passive recreation areas. The final cost of the project totaled $3,354,079. Arial drone photos of the project are included in the Council Agenda packet. The Miracle League Complex Project includes a new restroom and programming building, the Miracle League ballfield, all-inclusive playground, the relocation and construction of the new high school sized baseball ballfield and various seating areas and shade structures. The Miracle League Field Agreement by and Between the City of Dubuque, lowa and the Miracle League of Dubuque outlined the requirements for acceptance. As per Section 4.18 of the agreement, both the Leisure Services staff and other appropriate City Departments have inspected the project to ensure that it meets the criteria and the 3 design specification of the agreement as well the appropriate permits were issued. Miracle League of Dubuque has provided a bill of sale as required. City Council action is now needed to accept the entire Miracle League Complex in its final and completed form as described in Section 4.18 of this Agreement. A resolution is attached for acceptance of the project. After City Council acceptance the agreements specify the following: • The City owns all the amenities constructed by MLOD and they become a part of Veterans Memorial Park. The Miracle League Complex will be used and owned by the City as a public park to be enjoyed by all. • The MLOD project improvements are subject to the Lease Agreement. MLOD will have preferential but non-exclusive use of the Miracle League Complex pursuant to a long-term lease agreement between the parties. The MLOD has the first priority use of the Complex. Leisure Services is partnering with Miracle League of Dubuque to provide a Miracle League program in the fall. Funding for these and additional therapeutic recreation programs was approved by Council during the FY20 and FY21 budget process. • The City will be responsible for the day-to-day routine maintenance and repairs of all the amenities constructed. The city will pay for utilities and trash removal. • The City or a contractor of the City's choice will operate a concession stand during Miracle League play. The acceptance of the Miracle League Complex project by Council triggers the initiation of the Lease Agreement between the City and Miracle League of Dubuque effective upon Council acceptance of the project. The Lease was approved on October 15, 2018 and was ready for initiation at the project completion. The lease agreement between the City and MLOD will govern the new phase of usage. The lease agreement is attached for reference. Section 2.1 of the lease agreement has a term that is for 25 years and starts upon the date of City Council acceptance. Tom and Carol Witry and Merle and Mary Santjer had a dream for a Miracle League ballfield for Dubuque. Their dream grew to become the project you now see at Veterans Memorial Park. Dreams really do come true. Their work and dedication along with the work and dedication of the Miracle League of Dubuque Board of Directors has created a recreational amenity that our community and visitors to our community can be proud of and will enjoy for many years to come. It takes not only the city but also the community to create an equitable community of choice. The MLOD Board was supported by the financial donations, in-kind donations, and grants from many, many individuals, businesses and foundations that brought this dream into reality. We often talk about partnerships and this project has been the truest partnership I have worked on. Citizens identified a community need, they came to City and asked us for assistance in the areas that cities do best. They planned and consulted through the process. They got all the appropriate approvals and worked with us on agreements. 4 They fundraised and found the funds to meet the community need they identified. They and we communicated through the processes from beginning to end. They met city standards for building a project and completed the construction with assistance and review by the city. In the next phase we both do what we do best. The non-profit is there to assist with programming and will be able to continue to accept donations. The city now has a park and recreational amenity it will maintain as it does others and be involved in recreational programming. It is a partnership to be replicated and I have used it in talking to others who wish to move projects forward with the city. It has been my honor to have been a part of a legacy project led by the Miracle League of Dubuque that provides a legacy to our community. Many thanks to Tom and Carol, Merle and Mary, the MLOD Board, the many donors to the project, and all the Leisure Services staff and city departments for their cooperative work on this project. Merle Santjer will attend the virtual City Council meeting. ACTION REQUESTED I respectfully and proudly request acknowledgment of the completion of the Miracle League of Dubuque (MLOD) project, adoption of the resolution and wholeheartedly recommend acceptance by the City of Dubuque. Additionally, I request acknowledgement and initiation of the Lease Agreement signed, and dated October 15, 2018 begin the date of City Council action at their July 7, 2020 meeting. attachments cc: Dan Kroger, Recreation Division Manager Steve Fehsal, Park Division Manager Janna Beau, Recreation Program Supervisor Maureen Quann, Assistant City Attorney Crenna Brumwell, City Attorney Parks and Recreation Commission 5 RESOLUTION NO.203-20 ACCEPTING THE MIRACLE LEAGUE COMPLEX IN VETERANS MEMORIAL PARK, IN THE CITY OF DUBUQUE,IOWA AND ACCEPTING THE BILL OF SALE TRANSFERRING OWNERSHIP OF THE MIRACLE LEAGUE COMPLEX TO THE CITY OF DUBUQUE,IOWA Whereas,pursuant to the Miracle League Field Agreement by and between the City of Dubuque,Iowa (City)and the Miracle League of Dubuque (MLOD)dated October 15,2018 and the Lease Agreement between the City of Dubuque,Iowa and the Miracle League of Dubuque dated October 15,2018 (copies of which are attached hereto),MLOD has performed certain public improvements within a designated area in Veterans Memorial Park;and Whereas,the improvements are complete,and the City Manager has examined the work and received certificates stating the same has been completed in accordance with the plans previously approved by the City of Dubuque,Iowa City Council,in accordance with City specifications and standards ,and in accordance with the previously approved Miracle League Field Agreement by and between the City of Dubuque,Iowa and the Miracle League of Dubuque and the previously approved Lease Agreement between the City of Dubuque,Iowa and the Miracle League of Dubuque;and Whereas,the MLOD has executed a Bill of Sale transferring ownership of the Miracle League Complex to the City;and Whereas,the City Manager recommends City Council acceptance of the Miracle League Complex and the Bill of Sale transferring ownership of the same from MLOD to the City. NOW ,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,IOWA THAT: Section 1.The recommendation of the City Manager be approved and that said public improvements constituting the Miracle League Complex located within Veterans Memorial Park and the Bill of Sale transferring ownership of same from the Miracle League of Dubuque to the City of Dubuque,Iowa is hereby accepted. Section 2.The City Clerk is hereby authorized to record the Bill of Sale. Passed,approved,and adopted this 6th day of July 2020. Roy D.Buol,Mayor Attest:z Kevir(S .Firnstaht,"City Clerk 0 0 0 u Doc ID• 010541410003 Type GEN Kind: BILL OF SALE Recorded: 07/31/2020 at 12:16:07 PM Fee Amt: $17.00 Page 1 of 3 Revenue Tax: $0.00 Dubuque County Iowa John Murphy Recorder Fi1e2020-00011187 RECORDER'S COVER SHEET FOR CITY OF DUBUQUE Bill of Sale Transferring Ownership of the Miracle League Complex to the City of Dubuque, Iowa Preparer Information: Prepared by Maureen Quann, 300 Main Street, Ste. 330, Dubuque, Iowa 52001, 563.589.4981 Taxpayer Information: City of Dubuque, Iowa 50 W. 13 Street Dubuque, IA 52003 563.589.4322 Return Document To: Kevin S. Firnstahl, City Clerk, 50 W. 13th St., Dubuque, IA 52001 563-589-4100 Legal Description: N/A Grantors: Grantees: Miracle League of Dubuque 2700 Miracle League Drive Dubuque, IA 52001 City of Dubuque, Iowa 50 W. 13th Street Dubuque, IA 52001 Previously recorded documents: N/A `10t DIM City Clerk: Preparer Information: Maureen Quann, 300 Main Street, Street 330, Dubuque, Iowa 52001, Phone: 563-589-4981 BILL OF SALE In consideration of the fulfillment of the terms and conditions of two agreements: the Miracle League Field Agreement by and between the City of Dubuque, Iowa (City) and the Miracle League of Dubuque (MLOD) and the Lease Agreement between the City of Dubuque, Iowa and the Miracle League of Dubuque, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, MLOD hereby conveys, transfers, and assigns to City the following described personal property, to wit: All of MLOD's right, title, interest in and to MLOD's Miracle League Complex (as defined in the above -mentioned Miracle League Field Agreement and the Lease Agreement between the City of Dubuque, Iowa and the Miracle League of Dubuque), and City hereby accepts this conveyance, transfer, and assignment and agrees to own the Miracle League Complex in accordance with the terms of the Miracle League Field Agreement and all applicable governmental rules, laws, and regulations. MLOD hereby covenants with the City that MLOD is the owner of said personal property, that MLOD has good and lawful authority to sell, transfer, and assign the same and that the same is free and clear of all liens, security interests, and encumbrances except as may be above stated; and MLOD covenants to warrant and defend said personal property against the lawful claims of all persons except as may be stated above. Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, and as the appropriate gender, according to the context. TRANSFER OF MIRACLE LEAGUE COMPLEX BY MIRACLE LEAGUE OF DUBUQUE By: . J... -L% Merlin P. Santjer, President On this 30 day of 2.'µ--t- , 2020, before me, a Notary Public in and for said state personally appeared Merlin P. Santjer, known to me to be the person(s) named in and who executed the foregoing instrument, and acknowledge that they executed the same as their voluntary act and deed. Ao � . BRENDA L. GREEN g '� Commission Number 763974 • * My Com 26 ion202xE tary PubState of Iowa ACCCEPTAI CE OF By: Roy D BMayor ri On this (today of My Cornniission expires RACLE LEAGUE COMPLEX EY CITY OF DtJBUQUE, IOWA ATTEST:' r� % Byy� Ken , 2020, before me, a Notary Public in and for said state, personally ao .red Roy D. Buol and Kevin S. Firnstahl known to me to be the person(s) named in and who executed the foregoing instrument, and acknowledged that they executed the same as their voluntary act JEAN M, NOEL Commfsslon' Num• 74 My Comm. Exp. in the State of lowa ion expires - C:3'. CERTIFICATE OF COMPLETION Miracle League of Dubuque Sports Field Complex For the Miracle League of Dubuque-Veterans Memorial Park 2790 Miracle League Drive Dubuque,Iowa 52001 Constructed by Portzen Construction,Inc. 205 Stone Valley Drive Dubuque,Iowa 52003 June 26,2020 In accordance with the Contract Documents,based on on-site observations and inspections, and the data comprising the Contractor's application,the Architect certifies that to the best of its knowledge, information and belief the Work has been completed in substantial compliance with the plans and specifications, and the quality of the Work is in accordance with the Contract Documents for the Project. The final Contract Amount of the Project is $3,354,079.00 (original Contract Sum of $3,010,634.00 plus 1 Change Order totaling$343,445.00). Subsequent to payment of final Application for Payment number 10, the Contractor will be paid in full. All work of the Contract shall be completed on or about June 26, 2020. Respectfully submitted, , -��� Benjamin H. Beard,AIA,NCARB,LEED APO BD+C Straka Johnson Architects, PC 3555 Digital Drive Dubuque,IA 52003 Copyrig hted October 15, 2018 City of Dubuque Public Hearings # 2. ITEM TITLE: Miracle League of Dubuque Lease Agreement- Veterans' Memorial Park SUMMARY: Proof of publication on notice of public hearing to consider appro�al of a Lease Agreement between the City of Dubuque, lowa, and the Miracle League of Dubuque for a portion of Veterans' Memorial Park, and the City Manager recommending appro�al. RESOLUTION Appro�ing the disposal of an interest in real property owned by the City of Dubuque by Lease between the City of Dubuque, lowa and the Miracle League of Dubuque SUGGESTED DISPOSITION: Suggested Disposition: Recei�e and File;Adopt Resolution(s) ATTACH MENTS: Description Type Miracle League LeaseAgreement-MVM Memo City Manager Memo Staff Memo Staff Memo Resolution on Disposal - Lease with Miracle League of Resolutions Dubuque LeaseAgreement Beiween the City of Dubuque, lowa Supporting Documentation and the Miracle League of Dubuque Mirade League Field Agreement By and Beiween the City of Dubuque, IA and the Mirade League of Supporting Documentation Dubuque Dubuque THE CITY QF � All•AoenCi Cit� DUB E ���ti����:��� ' �II ��' Masterpfece or� the Mississippi �°°'�Z°lZ 2413•2017 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Public Hearing on Lease Agreement Between the City of Dubuque, lowa, and Miracle League of Dubuque for a Portion of Veterans' Memorial Park DATE: October 7, 2018 Leisure Services Manager Marie Ware recommends City Council appro�al of a Lease Agreement between the City of Dubuque, lowa, and the Miracle League of Dubuque for a portion of Veterans' Memorial Park. Assistant City Attorney Maureen Quann and Marie Ware negotiated this lease. Tom and Carol Witry and Merle and Mary Santjer ha�e a passion for persons with special needs. They had a dream and �ision to pro�ide opportunities for persons with special needs to play baseball and ha�e an all-inclusi�e playground beyond anything currently in Dubuque. Their�ision is to build a Miracle League baseball field and all- inclusi�e playground for the Dubuque area children and adults with special needs. Locally the Witrys and Santjers established Miracle League of Dubuque, a 501(c) 3 nonprofit that has a �ery acti�e Board of Directors. The Miracle League of Dubuque plan was strengthened by input from potential user groups of the proposed amenities including but not limited to Albrecht Acres, Hills and Dales, Area Residential Care {ARC}, Unified Therapy, Camp Courageous, Dubuque Community Schools (Special Education}, G & G Li�ing, Unlimited Ser�ices and Adapti�e Sports lowa. They also coordinated with Vets Park current user groups including Dubuque Pony League, Clarke Uni�ersity, Wahlert and pri�ate renters of the ball diamonds. The Miracle League site plan was presented to the Park and Recreation Ad�isory Commission on February 14, 2017. The commission unanimously recommended appro�al of the location and use of Vet's Park based on the site plan presented. The City Council at their October 1 , 2Q18 meeting appro�ed the De�elopment Agreement with Miracle League of Dubuque. The De�elopment Agreement defined the terms of the lease. The lease that was de�eloped addresses after the construction is complete and the project is accepted the usage of the project area by Miracle League of Dubuque. The lease term would not start until the construction project is complete. By holding the public hearing, the lease can take effect immediately upon acceptance of the project. The initial term of the lease will be 25 years from the date with an option for five extensions of five years each. Miracle League will pay $1 .00 per year in rent. Miracle League of Dubuque is fundraising for the construction of all the amenities described in the agreement. The total project is estimated at $3.59 million. They have received donations from individual donors, businesses and community foundations and are applying for a Community Attractions and Tourism grant, which the City Council approved the $50,000 match, with a similar amount approved by the Dubuque County Board of Supervisors. After the project is complete the City of Dubuque will be in charge of day-to-day maintenance of all the amenities constructed. The Miracle League Complex will be used and owned by the City as a public park to be enjoyed by all. The City of Dubuque will partner with Miracle League of Dubuque to provide a Miracle League program in the summer and the fall. The League is the first priority use of the Complex according to the lease. The project elements include relocation of Veterans Field 3, Miracle League field, an all- inclusive playground, a new restroomlconcessionlclassroomistorage building, family plaza and picniclshade park, parking lot modification to add a drop off-loop, entry pavilion and Hall of Fame Boulevard. The City or a contractor of the City's choice will operate a concession stand during league play. The Parks and Recreation Commission at a special meeting held on September 26, 2018 reviewed the Lease agreement and unanimously approved recommending acceptance of the agreement to the City Council. In the lease, maintenance is distinguished from Replacement or Capital Improvements by the dollar value of the individual item in question. As set forth in Section 1 of this Agreement, Maintenance is defined as after City Council acceptance of the Miracle League Complex and during the Term of this Lease Agreement, any update, repair or upkeep action to an individual element of the Miracle League Complex costing less than $10,000.00 for any individual item. As set forth in Section 1 of this Agreement, Repair and Capital Improvements are defined as after City Council acceptance of the Miracle League Complex and during the Term of this Lease Agreement, any update, repair, upkeep action to an individual element of, or new purchase. for the Miracle League Complex costing $10,000.00 or more. After City Council acceptance of the Miracle League Complex, the City will be responsible for all Maintenance. After City Council acceptance of the Miracle League Complex, the City is not obligated to undertake or perform any Replacement and Capital Improvements to or within the Miracle League Complex. The City Council may choose, entirely at its own discretion, to undertake, perform, or assist with any Replacement and Capital Improvements to and within the Miracle League Complex, but the City has no obligation or responsibility to do 2 so. Any such action would be entirely voluntary and not obligatory. If Replacement and Capital Improvements are needed, and the City Council declines to perform them, Miracle League may ask the City Council for approval to complete such Replacement and Capital Improvements with any endowment or funding Miracle League has obtained for such purpose. 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 3 Dubuque THE CITY OF � All-A�nc�Ciry Du B E ;�,� ,, I ��Im Masterpiece on the Mississippi Z°°'�Z°'Z 2013-2017 TO: Michael C. Van Milligen, City Manager FROM: Marie L. Ware, Leisure Ser�ices Manager SUBJECT: Public Hearing on Lease Agreement Between the City of Dubuque, lowa and Miracle League of Dubuque for a Portion of Veterans' Memorial Park DATE: October 8, 2018 INTR�DUCTIDN The purpose of this memo is to pro�ide information for the public hearing related to the Lease Agreement Between the City of Dubuque, lowa and Miracle League of Dubuque for a portion of Veterans' Memorial Park. BACKGR�UND Tom and Carol Witry and Merle and Mary 5antjer ha�e a passion for persons with special needs. They had a dream and �ision to pro�ide opportunities for persons with special needs to play baseball and ha�e an all-inclusi�e playground beyond anything we currently ha�e in Dubuque. Their�ision is to build a Miracle League baseball field and all-inclusi�e playground for the Dubuque area children and adults with special needs. Locally the Witrys and Santjers established Miracle League of Dubuque, a 5Q1{c) 3 nonprofit that has a �ery acti�e Board of Directors. The Miracle League of Dubuque plan was strengthened by input from potential user groups of the proposed amenities including but not limited to Albrecht Acres, Hills and Dales, Area Residential Care (ARC}, Unified Therapy, Camp Courageous, Dubuque Community Schools {Special Education), G & G Li�ing, Unlimited Ser�ices and Adapti�e Sports lowa. They also coordinated with Vets Park current user groups including Dubuque Pony League, Clarke Uni�ersity, Wahlert and pri�ate renters of the ball diamonds. The Miracle League site plan was presented to the Park and Recreation Ad�isory Commission on February 14, 2017. The commission unanimously recommended appro�al of the location and use of Vet's Park based on the site plan presented. The City Council appro�ed both the meeting following. 1 RELATIONSHIP TO COUNCIL VISION, GOALS AND OUTCOMES "Dubuque 2035 is a sustainable and resilient city and an inclusive and equitable community...�ur residents experience healthy living and active lifestyle....and have an abundance of fun things to do..." This project intersects with numerous elements of the 2035 Vision as you can see. It meets the following Council goals and desired outcomes: Vibrant Community: Healthy and Safe �utcome: Continue to become an inclusive and equitable community in which all feel welcome, included and leaving no one behind. Partnership for a Better Dubuque: Building our Community that is Viable and Equitable Outcome: Become an inclusive and welcoming community for all Have non-profit institutions, private businesses and educational institutions contributing toward implementation of the Imagine Dubuque Plan Diverse Arts, Culture, Parks and Recreation: Experience and Activities Have well built, well maintained and upgraded parks and park amenities Have family oriented programs and activities DISCUSSIDN The City Council at their October 1 , 2018 meeting approved the Development Agreement with Miracle League of Dubuque. The Development Agreement defined the terms of the lease. The lease that was developed addresses after the construction is complete and the project is accepted the usage of the project area by Miracle League of Dubuque. The lease term would not start until the construction project is complete. By holding the public hearing, the lease can take effect immediately upon acceptance of the project. Miracle League of Dubuque is fundraising for the construction of all the amenities described in the agreement. The total project is estimated at $3.59 million. They have received donations from individual donors, businesses and community foundations and are applying for a Community Attractions and Tourism grant. After the project is complete the City of Dubuque will be in charge of day-to-day maintenance of all the amenities constructed. The Miracle League Complex will be used and owned by the City as a public park to be enjoyed by all. The City of Dubuque will partner with Miracle League of Dubuque to provide a Miracle League program in the summer and the fall. The League is the first priority use of the Complex according to the lease. The Parks and Recreation Commission at a special meeting held on September 26, 2018 reviewed the Lease agreement and unanimously approved recommending acceptance of the agreement to the City Council. 2 RECOMMENDATIDN: I respectfully and wholeheartedly recommend and request City Council approval of the Resolution and Lease Agreement Between the City of Dubuque, lowa and the Miracle League of Dubuque after the Public Hearing. cc: Maureen Quann, Assistant City Attorney Dan Kroger, Recreation Division Manager Steve Fehsal, Parks Division Manager 3 Prepared by: Marie Ware, Leisure Services Manaqer Address:2200 Bunker Hill Rd, Dubuque, IA 52001 Telephone: 589-4263 Return to: Kevin Firnstahl,Citv Clerk Address: Citv Hall,50 W. 13th St, Dubuque, IA 52001 Telephone:589-4121 RESOLUTION NO. 316-18 APPROVING THE DISPOSAL OF AN INTEREST IN REAL PROPERTY OWNED BY THE CITY OF DUBUQUE BY LEASE BETWEEN THE CITY OF DUBUQUE, IOWA AND THE MIRACLE LEAGUE OF DUBUQUE WHEREAS, the City of Dubuque, lowa (City) owns the real property described as Veterans Memorial Park, located at 2700 Northview Drive in the City of Dubuque, lowa; and WHEREAS, City and Miracle League of Dubuque have negotiated a Lease Agreement for part of Veterans Memorial Park. A copy of Lease Agreement is on file at the office of the City Clerk, City Hall, 13th and Central Avenue, Dubuque, lowa; and WHEREAS, on October 1, 2018, the City Council approved the Miracle League Field Agreement; and WHEREAS, pursuant to notice published as required by law the City Council of the City of Dubuque held a public hearing on its intent to dispose of the foregoing interest in real property by Lease Agreement and overruled all objections thereto; and WHEREAS, the City Council believes it is in the best interests of the City of Dubuque to approve the Lease Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Lease Agreement between the City of Dubuque and Miracle League of Dubuque attached hereto is hereby approved and the Mayor is authorized to execute said Lease Agreement on behalf of the City of Dubuque. Section 2. That the City Manager is authorized to take such actions as are necessary to carry out the terms of the Lease Agreement as herein approved. Passed, approved and adopted this 15t" day of October, 2018. �( �`� � /��� .y� �..::��` �� �, . „ y D. Buol, Mayor Attest: A � � Kevin �. Firnstahl; City Clerk JCO Rev. 09/06/18 LEASE AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND THE MIRACLE LEAGUE OF DUBUQUE � T is lease agreement (Lease Agreement) is entered into on this,�°'/�day of ',/ ;'i�� , 2018 by and between the City of Dubuque, lowa, a municipal corporation organized and existing under the laws of the state of lowa (City) and the Miracle League of Dubuque, an lowa non-profit organization exempted under Section 501(c)(3) of the Internal Revenue Code (Miracie League). WHEREAS, City is the owner of certain real property known as Veterans Memorial Park; and WHEREAS, the mission of Miracle League is to provide recreational support and opportunities for individuals with physical and mental disabilities (special needs); and WHEREAS, Miracle League desires to lease the section of the Park shown on Exhibit A (the "Dedicated Area") from City to operate special recreational facilities known as the Miracle League Complex on which individuals with special needs compete and play within Veterans Memorial Park; and WHEREAS, Miracle League Complex is a custom-designed facility incorporating cushioned synthetic turf or hard surfacing that accommodates wheelchairs and other walking devices and helps prevent injuries; and WHEREAS, Miracle League allows individuals with special needs to participate in organized recreational programs just like their brothers, sisters, family, and friends; and WHEREAS, during the term of this Lease Agreement, the City will perform routine maintenance and repairs to the Miracle League Complex, as set forth in this Lease Agreement, while granting Miracle League preferential but non-exclusive use of the Miracle League Complex; and WHEREAS, Miracle League's preferential, non-exclusive use of the Miracle League Complex consists of the priority right to schedule games, tournaments, and events at the Miracle League Complex; and WHEREAS, the Mayor and City Council of the City of Dubuque, lowa recognize that the Miracle League Complex will enrich the lives of people with special needs, theirfriends, family and the Dubuque community and will promote the public health, safety, and welfare of its citizens; and WHEREAS, the organized recreational program in which people with special needs will participate will be known and referred to as "The Miracle League of Dubuque"; and MAQ09242018 JCO Rev. 09/06/18 WHEREAS, it is deemed to be in the best interest of both parties to this Lease Agreement and to the public that Miracle League lease the Dedicated Area. NOW, THEREFORE, the parties hereto mutually agree as follows: SECTION 1. DEFINITIONS. CITY: City of Dubuque, Iowa DEDICATED AREA: The survey of the portion of Veterans Memorial Park that the City commits to Miracle League for the preferential but non-exclusive use and long-term lease for Miracle League for its use and events is attached as Exhibit A. MAINTENANCE: After City Council acceptance of the Miracle League Complex, any update, repair or upkeep action to an individual element of the Miracle League Complex costing less than ten thousand dollars ($10,000.00). MIRACLE LEAGUE: Miracle League of Dubuque, a non-profit organization organized, operated, and incorporated under Section 501(c)(3) of the Internal Revenue Code. MIRACLE LEAGUE COMPLEX: All the fields, buildings, facilities, parking areas, recreational and playground amenities and other structures, fixtures, and areas designated in Exhibit A. REPLACEMENT AND CAPITAL IMPROVEMENTS: After City Council acceptance of the Miracle League Complex, any update, repair, upkeep action to an individual element of, or new purchase for the Miracle League Complex costing ten thousand dollars ($10,000.00) or more. SECTION 2. TERM OF LEASE AGREEMENT. 2.1 The initial Term of this Lease Agreement commences upon City Council acceptance of the Miracle League Complex on July 6 , 2020, and lasts for a period of twenty-five years, until 11:59 P.M. on July 6 , 2025 (Term). 2.2 After completion of the initial Term, Miracle League will have five individual, consecutive five-year options to renew. These five-year periods will be known as Renewal Periods. If Miracle League wishes to enter into any Renewal Terms, it must notify the City, in writing, no Tess than thirty days before the expiration of the current Term or Renewal Term. SECTION 3. RENT. Miracle League will pay the City rent in the amount of one dollar ($1.00) annually on the anniversary of City Council acceptance of the Miracle League Complex during the Term and during any subsequent Renewal Terms of this Lease Agreement for the preferential, prioritized, long-term use of the Dedicated Area shown in Exhibit A. 2 JCO Rev. 09/06/18 SECTION 4. USE OF THE LEASED PREMISES. 4.1 During the Term and any subsequent Renewal Terms of this Lease Agreement, Miracle League Complex will be used and owned by the City as a public park to be enjoyed by the public generally, subject to the terms of this Agreement. Any damage caused to the Miracle League Complex as a result of City approved uses by third parties other than Miracle League shall be the responsibility of the City to repair. Miracle League will have preferential use of the Miracle League Complex for all Miracle League games, tournaments, and other Miracle League events, but Miracle League Complex will be available for public use when Miracle League does not have events. 4.2 The City may adopt reasonable rules and regulations regarding the use of Miracle League Complex. The parties acknowledge and agree that the Miracle League Complex, by its design and construction, is intended primarily to benefit persons with special needs, including physical disabilities, and that the rules adopted for Miracle League Complex may focus on such classes of persons. However, no rule may be implemented which (1) is not applied uniformly among all persons; (2) discriminates against or otherwise bars certain classes of persons from the use of Miracle League Complex in violation of any law; or(3) violates any law, regulation, or ordinance. 4.3 Miracle League will not allow the Dedicated Area to be occupied or used by any other individual, group, organization or agency without the priorwritten permission of City's Leisure Services Manager. 4.4 The Miracle League Complex will be open and operate on the same calendar and schedule as Veterans Memorial Park, only on days and during hours that Veterans Memorial Park is open to the public. SECTION 5. CONCESSIONS. 5.1 Miracle League will construct and equip a basic ADA accessible concession stand. The City, or a contractor of the City's choice, will operate a concession stand during Miracle League sponsored games and tournaments. As the operator, the City in its sole discretion will determine the items available for sale and the pricing of those same items. Under the City's operation, City purchasing policies, bidding, and staffing procedures will apply. 5.2 The City or its contractor may use the concession stand for other events and for other park visitors during Miracle League events. City or its contractor may use the concession stand at any time during Veterans Memorial Park hours. SECTION 6. PROGRAMMING. Miracle League and the City will work to develop programs with the understanding that City involvement will require compliance with applicable City policies and applicable local, state, and federal law. 3 JCO Rev. 09/06/18 SECTION 7. UPKEEP, MAINTENANCE, REPLACEMENTS, AND CAPITAL IMPROVEMENTS. I 7.1 General Upkeep and Routine Buildings and Grounds Care. The City will care for ��, Miracle League Complex on a regular basis with respect to routine upkeep and buildings and grounds care for use and enjoyment by the public generally as a place of amusement and recreation so long as Miracle League is leasing the Miracle League Complex. Such ' routine care includes mowing, trash removal, vandalism not rising to the level of Maintenance or Capital Improvements as discussed in Section 7.2 below, and simple repairs (i.e., replacement of bolts, screws, and other simple repairs). 7.2 Maintenance, Replacement, and Capital Improvements. A. Maintenance is distinguished from Replacement or Capital Improvements by the dollar value of the individual item in question. As set forth in Section 1 of this Agreement, Maintenance is defined as after City Council acceptance of the Miracle League Complex and during the Term of this Lease Agreement, any update, repair or upkeep action to an individual element of the Miracle League Complex costing less than ten thousand dollars ($10,000.00) for any individual item. As set forth in Section 1 of this Agreement, Repair and Capital Improvements are defined as after City Council acceptance of the Miracle League Complex and during the Term of this Lease Agreement, any update, repair, upkeep action to an individual element of, or new purchase for the Miracle League Complex costing ten thousand dollars ($10,000.00) or more. B. After City Council acceptance of the Miracle League Complex,the City will be responsible for all Maintenance. C. After City Council acceptance of the Miracle League Complex, the City is not obligated to undertake or perform any Replacement and Capital Improvements to or within the Miracle League Complex. The City Council may choose, entirely at its own discretion, to undertake, perform, or assist with any Replacement and Capital Improvements to and within the Miracle League Complex, but the City has no obligation or responsibility to do so. Any such action would be entirely voluntary and not obligatory. If Replacement and Capital Improvements are needed, and the City Council declines to perForm them, Miracle League may ask the City Council for approval to complete such Replacement and Capital Improvements with any endowment or funding Miracle League has obtained for such purpose. However, Replacement and Capital Improvements may not be performed without City Council approval and Notice to Proceed. D. If the City fails to properly provide Maintenance to an individual element of the Miracle League Complex costing less than ten thousand dollars($10,000.00)for any individual item, as set forth in Section 7.2(A)above, and such failure results in a necessary Replacement or Capital Improvement costing more than $10,000, the City will be obligated to make the resulting Replacement or Capital Improvement. 4 JCO Rev. 09/06/18 SECTION 8. UTILITIES AND REFUSE. During the Term and any subsequent Renewal Terms of this Lease Agreement, City will pay when due ail costs of all utilities serving the Dedicated Area. City will remove trash from the Dedicated Area throughout each year, when Veterans Memorial Park is open. SECTION 9. CONTROL AND ACCESS. 9.1 During Miracle League events, Miracle League will have the authority to limit general public access to the Dedicated Area to best suit its purposes. 9.2 Miracle League will not use the Dedicated Area for commercial purposes, except for such purposes which are related to Miracle League's designated purpose to operate special recreational facilities known as the Miracle League Complex on which individuals with special needs compete and play within Veterans Memorial Park. Commercial use of the Leased Premises will be prohibited except at events sponsored by Miracle League. 9.3 If a Miracle League event reaches such a size, or is of such a nature, that a special event permit is required, Miracle League will obtain a special event permit from the City and comply with any terms and conditions of said special events permit. Any special events on the Dedicated Area must have prior approval of City's Leisure Services Manager and a special event permit as required by City. SECTION 10. INSURANCE. 10.1 During the Term of this Lease Agreement and any subsequent Renewal Terms, Miracle League, at its sole cost and expense, must maintain, for the mutual benefit of the City and Miracle League, insurance that meets the requirements requested by the City from Lessees of property leased from the City as currently set forth under Insurance Schedule A shown in Exhibit B. 10.2 Certifications of all such insurance required pursuant to this section must be delivered to the requesting party within fifteen (15) days following the requesting party's request. 10.3 All insurance policies required to be carried by Miracle League underthis Agreement must be with an insurance provider licensed in the state of lowa. Public liability insurance policies evidencing such insurance must name the City and its designee as additional insureds and must also contain a provision requiring the insurer to give at least thirty (30) days written notice to the City of any cancellation, modification, or non-renewal of such insurance. SECTION 11. INDEMNITY. 11.1 During the Term and any subsequent Renewal Terms of this Lease Agreement, Miracle League agrees to defend, indemnify and hold harmless City, its officers and 5 JCO Rev. 09/06/18 employees from any and all damages or claims whatsoever, to persons or property, by reason of Miracle League's use of the Dedicated Area or breach of this Lease Agreement, provided the City is not negligent. 11.2 During the Term and any subsequent Renewal Terms of this Lease Agreement, City agrees to defend, indemnify and hold harmless Miracle League, its officers and employees from any and all damages or claims whatsoever, to persons or property, by reason of City's breach of this Lease Agreement, provided Miracle League is not negligent. I SECTION 12. ASSIGNMENT AND SUBLETTING. Neither Miracle League nor the City may assign or sublet this Lease Agreement without the prior written consent of the other. SECTION 13. TERMINATION. 13.1 Lease Agreement Termination by Miracle League. Miracle League may terminate the Lease Agreement at any time and for any reason, as long as Miracle League provides the City with thirty (30) days' written notice of termination. Upon termination by Miracle League, City will assume exclusive use and control of the Dedicated Area and may continue operation of the Miracle League Complex or return the land to general park land. 13.2 Lease Termination by City. After acceptance of the Miracle League Complex, City may terminate the Lease only with City Council approval and for cause, including but not limited to, park closure, budgetary constraints, natural disaster, act of terror, or other catastrophic event. If the City would decide to permanently close Veterans Memorial Park for whatever reason, Miracle League will be given the opportunity to correct whatever situation or circumstances may result in the City's closure of Veterans Memorial Park so the Miracle League Complex could remain open, but Miracle League will not be required to do so. If Miracle League does not wish to correct the circumstances that may result in the closure of Veterans Memorial Park, Miracle League will have the option to acquire the improvements used by Miracle League. SECTION 14. INSPECTIONS. City reserves the right to conduct periodic inspections of the Dedicated Area forthe purpose of determining whetherthe terms and conditions of this Lease Agreement are being promptly and faithfully performed by the parties. Whenever possible, City will schedule such inspections to avoid conflict with Miracle League programming. SECTION 15. NOTICE. All notices related to this Agreement must be in writing and will be deemed properly delivered when and if such notices are (i) hand-delivered with receipt on the date set forth on the receipt; (ii)delivered by over-night carrier, with receipt, on the date set forth on the receipt; or(iii) sent in the United States mail, postage prepaid, certified or registered mail, return receipt requested on the date set forth on the receipt, addressed to the parties at their addresses set forth below: To City: Michael C. Van Milligen City Manager . 6 JCO Rev. 09/06/18 City Hall 50 West 13th Street Dubuque, lowa 52001 With a copy to: Marie Ware Leisure Services Manager 2200 Bunker Hill Road Dubuque, lowa 52001 To Miracle League: Merlin P. Santjer President, Miracle League of Dubuque 2955 Arbor Hills Drive Dubuque, IA 52001 With a copy to: John C. O'Connor O'Connor & Thomas, PC 1000 Main Street Dubuque, lowa 52001 If John C. O'Connor is not practicing law at O'Connor& Thomas, P.C., then a copy of any notice provided under this Section 19 must be provided to: O'Connor & Thomas, P.C. Attention: Firm President 1000 Main Street Dubuque, lowa 52001 The parties may and should update this notice section periodically and whenever necessary during the term of this Agreement and during the term of the related lease between the parties. SECTION 16. SEVERABILITY. If any covenant, agreement, provision, term, or condition of this Lease Agreement is deemed invalid or unenforceable, the remaining covenants, agreements, provisions, terms, or conditions of this Lease Agreement will remain valid and enforceable to the fullest extent permitted by law. SECTION 17. SUCCESSORS AND ASSIGNS. This Lease Agreement binds and inures to the benefit of the City and Miracle League, and their respective heirs, administrators, successors, and assigns. SECTION 18. CAPTIONS. All captions, headings, titles, numerical references, and computer highlighting are for convenience only and do not affect the interpretation of this Lease Agreement. 7 JCO Rev. 09/06/18 SECTION 19. NUMBER AND GENDER. All terms and words used in this Lease Agreement, regardless of the number or gender in which they are used, will be deemed to include the appropriate number and gender, as the context may require. SECTION 20. GOVERNING LAW. This Lease Agreement is governed by the laws of the state of lowa. SECTION 21. COMPLETE AGREEMENT. This writing (including the `Whereas' provisions)contains the entire Lease Agreement between the parties hereto related to the leasing of the Dedicated Area for the Miracle League Complex. Any modification or amendment to this Lease Agreement must be made in writing and signed by both parties. SECTION 22. PARTNERSHIP. Nothing in this Lease Agreement may be construed to create a partnership,joint venture, or relationship of principal and agent between City and Miracle League. No provision of this Lease Agreement may be construed to confer any rights of remedies upon any party other than City and Miracle League. SECTION 23. FORCE MAJEURE. Should any matter or condition beyond the reasonable control of either party including, but not limited to, war, public emergency, acts of terrorism, calamity, fire, earthquake, flood, acts of God, strikes, labor disturbances, or actions, civil disturbances or riots, or any governmental restriction prevent performance of this Lease Agreement in accordance with the provisions hereof, in whole or in part, performance of this Agreement will be suspended or excused to the extent commensurate with such interFering occurrences. SECTION 24. NON-DISCRIMINATION. The parties shall comply with the provisions of federal, state and local laws and regulations to ensure that no employee, member, applicant or person is discriminated against because of race, creed, religion, color, age, sex, gender identity, sexual orientation, national origin, disability, or other protected class. The parties shall provide state or federal agencies with appropriate reports as required, ensuring compliance with equal employment laws and regulations. Each party shall ensure that its authorized subcontractors comply with provisions of this clause. A breach of this provision shall be considered a material breach of this Lease Agreement. SECTION 25. DISPUTE RESOLUTION. 25.1 The City and Miracle League will attempt in good faith to resolve any dispute or claim arising out of or in relation to this Lease Agreement through negotiations between a designated individual from each of the parties with authority to settle the relevant dispute. If the dispute cannot be settled amicably within thirty (30) days from the date on which either party has served written notice of dispute on the other, then the remaining provisions of this Section will apply. 25.2 If a dispute or claim arising out of or in relation to this Lease Agreement or the performance of any of the terms of this Lease Agreement cannot be resolved by 8 JCO Rev. 09/06/18 negotiations between the City and Miracle League, such matter or matters will be resolved through binding arbitration, applying the following rules and procedures: A. Arbitration will be held in Dubuque, lowa; B. The arbitration will be heard by one (1) arbitrator whom which the parties mutually select; and C. The arbitration will be heard under the rules of the American Arbitration Association (AAA). IN WITNESS WHEREOF, the parties hereto execute this Agreement on this /5`�day of �G$dbc� , 2018. CITY OF D UQUE, IOWA MIF2ACLE LEAGUE OF DUBUQUE .y �, By. ��' ��;� ,��--� gy. -,-,^��.�.:.. � Roy D.�Buol ayor Merlin P. Santjer, Miracl eague of Dubuque Attest: - � j f. � ;;=- B)l: r � j �. Kevin . Firnstahi � City Clerk 9 JCO Rev. 09/06/18 Exhibit A Dedicated Area 10 � � � . o�so � � ° �'`� ,�, �,� ---- EXHIBIT A �I o ���� ' '�y�-a�� � � -- - i�ri�i<:nrr:i�i_F.�sr: 9 ��,�zn � .. . ^ � 1^I I ARI:A Y V .. 6 �i 3 ��, e � �,<�,a�LL � � � � � � s,�r.cr�,�r� ��, �.�, � j ,� �° � � _ p; , I � ' � ` e� ;' j �I, —_ „ � ���tl�� �� � � �� � ������ � � � � e�� � �—•,i, i �i L_ '� e '�I ' , 11�I `���� �—� - - } i � � , � , '; i;i �iml �'-1 �°.> ,��-` �� �p � � ' ��, r��ig :, ; � ,� '� - ` l�� ---- �, , __.— ._ , a�, ____ _ _— -- - — ����, :� _ �� �� _ �, i g--'...,��,'� - , � � _ _ _ � _,� _�ry__ � �j � � - = Fa�, a �, — es �.i' _ ��.,,x r' 'j � f I ,„. � I � _ _ - - �7�y�1m4�� `����` ,t� (i�l—� � � � � :: `i,,_ � �o _ — ..., � a��; � � �, � O u.a _ Jt -- 11 �� // 1'�k: e 3�� ,,.�� � I� �in - � � �' /�� ��4a''�� e,.� � ,..',�� ,� • ' \� �� ,t Q p � ,... " � , — — \ �' .. ' � lLl Z w _ — _ �;`s � ; J �'� — — _ _ .. , W �� � ro = s � Q > _ �_ � �� b� � --"- � ; '` s � _ — -� �l AG�E uF � _ _ — � - �,'-ASE�AREA i ., _ e�—...__ tll � F= ` - It - _ !t _� �F. �. __„_.�. oDcDICATEQ a� I _ �- �— � / �'-= .. -' - -� �"' � € � � � � � �� �� � - � 55'" ��• _ � � /_\ �; « � , _ ��� � _ 6� � : _ ,� a _ � � .�J� i � �� �t�)�,����� ,�.�,� ��� t ...:,�„_:..�,_:.a�+`---.:......s- �� 50 ��0� �G� � _,..,.� 0���2ALL F�ARI� PLA� ' � R...,.,,.:�.. ��. E� �, �� 11 Exhibit B Insurance Schedule A � 11 City of Dubuque Insurance Requirements for Lessees of City Property and Right of Way Licensees or Permittees INSURANCE SCHEDULE A 1. shall fumish a signed certificate of insurance to the City of Dubuque, lowa for the coverage required in Exhibit I prior to the lease, license, or permit commencement.All lessees of City property and right of�vay licensees or permittees shall submit an updated certificate annually Each certificate shall be prepared on the most current ACORD form approved by the lowa Insurance Division or an equivalent.Each certificate shall include a statement under Description of Operations as to why the certificate�vas issued. Eg: Project# or lease of premises at or construction of , or right of�n�ay permitted location and description Lease Agreement dated 2. All policies of insurance required hereunder shall be with an insurer authorized to do business in lowa and all insurers shall have a rating of A or better in the current A.M.BesYs Rating Guide. 3. Each certificate shall be furnished to the Department of the City of Dubuque. 4. The lessee, licensee,or permittee shall be required to carry the minimum coveragellimits,or greater if required by law or other legal agreement, in Exhibit L Failure to provide the required minimum coverage shall not be deemed a"vaiver 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. 7. Whenever a specific ISO form is referenced the current edition of the form must be used unless an equivalent form is approved by the Finance Director.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 shall be this agreemenYs 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. Page 1 of 4 Schedule A Lessees Of City Property;Right Of Way Licensees or Permittees November 2017 12 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 �2,0�0,000 Products-Compieted Operations Aggregate Limit �1,000,000 Personal and Advertising Injury Limit ��,0�0,000 Each Occurrence �1,000,000 Fire Damage Limit(any one occurrence) $50,�00 Medical Payments �5,000 i 1) Coverage shall be written on an occurrence, not claims made,form.The general liability coverage shall be written in accord with ISO form CG0001 or business owners form BP0002. All deviations from the standard ISO commercial general liability form CG 0001,or Business owners form BP 0002, shall be clearly identified. 2) Include ISO endorsement form CG 25 04"Designated Location(s)General Aggregate Limit." 3) Include endorsement indicating that coverage is primary and non-contributory. 4) Include Preservation of Governmental Immunities Endorsement(Sample attached). 5) Include additional insured endorsement for: The City of Dubuque, including all its elected and appointed officials,all its employees and volunteers,all its boards,commissions and/or authorities and their board members,employees and volunteers. Use ISO form CG 20 10 (Ongoing operations)or its equivalent. 6) If lessee, licensee,or permittee utilizes Trikkes or Seg�Nays in the conduct of business, include an endorsement reflecting that these vehicles are not excluded from Commercial General Liability coverage. B) WORKERS'COMPENSATION&EMPLOYERS LIABILITY Statutory benefits covering all employees injured on the job by accident or disease as prescribed by lowa Gode Chapter 85 as amended. Coverage A Statutory—State of lowa Coverage B Employers Liability Each Accident �10D,000 Each Employee-Disease $100,000 Policy Limit-Disease $500,000 Policy shall indude Waiver of Right to Recover from Others endorsement. Nonelection of Workers'Compensation or Employers' Liability Coverage under IoNia Code sec. 87.22 _yes _form attached Page 2 of 4 Schedule A Lessees Of City Property;Right Of Way Licensees or Permittees November 2017 13 City of Dubuque Insurance Requirements for Lessees of City Property and Right of Way Licensees or Permittees INSURANCE SCHEDULE A (Continued) C) ENVIRONMENTAL IMPAIRMENT LIABILITY OR POLLUTION LIABILITY Coverage required: _yes _no Pollution liability coverage shall be required if the lessee,contracting party, or permittee 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 $2,OD0;0�0 Policy Aggregate $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)as stated in A(6)above 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 _no Evidence of property coverage provided: _yes Included the City of Dubuque as Lender Loss Payable. E) RIGHT-OF-WAY WORK ONLY: U MB RELLA/EXC ESS $1;000,000 _yes _no Umbrella/excess liability coverage must be at least follotiiing form with the underlying policies included herein. Page 3 of 4 Schedule A Lessees Of City Property;Right Of Way Licensees or Permittees November 2017 14 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 ImmunitV.The insurer expressly agrees and states that the purchase of this policy and the including of the City of Dubuque, lowa as an Additional Insured does not waive any of the defenses of governmental immunity available to the Cfty of Dubuque, lo�va under Code of lowa Section 670.4 as it is now exists and as it may be amended from time to time. 2. Claims Coveraqe.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 lo�va Section 670.4 as it now exists and as it may be amended from time to time.Those claims not subject to Code of lowa Section 670.4 shall be covered by the terms and conditions of this insurance policy. 3. Assertion of Govemment ImmunitV.The City of Dubuque, Io�.Na shall be responsible for asserting any defense of governmental immunity,and may do so at any time and shall do so upon the timely w�ritten request of the insurer. 4. Non-Denial of Coveraqe The insurer shall not deny coverage under this policy and the insurer shall not deny any of the rights and benefits accruing to the Gity of Dubuque, lowa under this policy for reasons of governmentai immunity unless and until a court of competent jurisdiction has ruled in favor of the defense(sj of governmental immunity asserted by the City of Dubuque; lowa. No Other Chanqe in PolicV.The above preservation of governmental immunities shall not othenroise change or alter the coverage available under the policy. SPECIMEN (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 November 2017 15 � i � ,�� � i ; , i . ,� , - � � � � � i1 �; I� � �i � 'i i, '�� � u � f � 'i I . _ : � . . _.�.�.�.�.,:�::.-��:��.� _ .a..�..v.. ..��,,����:W....�._..�.�Y,���.�.�.�..�,,..��x��,�:�,��:�� ExHigir g PHASES DF C�NSTRUCTInN 24 ��3 `G . ��?��a•�{, • f`' , _ _ � E?i1�IIiC']'1i �,." �'.. � F - - . f'F'.1ti1=.ti[+� . n{�. ��w� i• � J i:nKtiCRUs�i!n� ' �c':: r { � '� " : �is.�•�: ifill�.E..�:In ..- �! .� - ._I�� -- , . �� � t" ' n� - .4 - ;��;�'�,� ,� - _ - j�, ���;_ r —�_,.�, ,: , �.�m*-- '', �e s. _ —�'�g ,i� � `� � ,� p '.i; � { i p iFE= I- � 1w i ..:� � I � R�?'.E� _ � � � � y- . i _i. -! � .� � ��— �.€ � - - � + - P r. 1 .,�.1 -I 1I ..� -r 4 , p �H r =• �. 1,j � �^� l . 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'!� _�o�,'R ,� � __ C7V�[�ALL PAR6� PLA�! �'�"� �_ - �J � �_ '— 39 �� � STA'�E OF IOW�, {SS: `� � I)UBU�U� C�YJNTY '� �'i!, CERTIFICATION OF PUBLICATION �Ij !I �, �I I, Suzanne Pike, a Billing Clerlc for Woodward Communications, Inc., an Iowa corporation, publisher �I of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County i of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper �� on the following dates: October O5, 2018, and for which the cllarge is $43.17. '� �'i �� �i �, � < I� li � i� i; � � � �Il Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, !; this_l/c� day of_(;�,r.,��...1� , 20 �°� • � !� _ ,I; !; �, ;� Notary Public in and for Dubuque County, Iowa. � � Ii �i �m�-�-___.�—°' ; *� �� ��.��Y 4;VV��1"�i��E1��4� I�I� \&[, 7 Q �� � �. � Cnmrn's�sm�rr Nt�r��ber 15��°�5 feb.1,2Q2.� � k�� " �y fiam��i�sion Ex�a• h� � I� � � ij ii � � � � � � � � � �� fi f� � � r J I� r� 17 I'�� 1 l� I il CITY OF DUBUQUE, I 10WA OFFICIAL NOTICE 1 PUBLIG NOTIGE;"js II hereby given that the �i City Council of the City ', i�; 'of Dubuqu,e, lowa, will I '� hold a public hearing ' '� on the 15th day of Oc- ', II{ tober 2018 at 6:00 p.m. ', �� in�the Historic Federal ;Building, 350 Wesf'&th ' ih ����Street, �second "floor,�� � Dubuque,i` lowa, `at ii which meeting the City I#' Gouncil proposes to �✓nereas th�s Project ' disposs of an interest I allows indiwduals with 1 � in the #011owing,.�e- �peaial need§t:o partic- i i�� scribed real property ipate in` orga�tized ' by �lease� to Miracle � r;ecreational progYatns � Lea ue ofDubu ue: and actiu.ities �ust'Iike '�{ � 9 � a fheiP br"others, sisteCs, � Portion(s)of Veterans I �famflies and friends ; Memorial Park, 2700 � � Northview`Drive,'in.the WheCeasx Miea�le. League .of Dubu.q e City of Dubuque,lowa � 4� Copies of suppofting Wishes to'enter into ', 8ocument5 for the pub- thjs 4ease:to prouide � lic hearings are on file � opportunities for, all; ' j ip the City,Clerks Office i and � ; I ;� and may; be viewed � �!✓hereas this Project � tluring.normal working furthers tlie 2035 ,Vi- hours. . sion ofthe:City Council ; � !, At the'meeting,:the that Dubuque 2035 is a< �,; �City Council will re- sustainable and re- , ceive l4ral and written � silient city an5 an in- cqt1�[�3QRts„ f,rqr,qv;.�}py; "clusi,ve.and equi,table, I communit . Our,resi- resident or property y•• owner of,said Crty ta I dents° experience � I� healthy living and ac- � ' the above action`Writ- � i t,er� eo�n�ments regard- tive lifestyle ,;. and;i I ing the above pulilic � ��h�aVe an abundance�of�� �hearing_rriay�'be sub- , fur�things'to do ..'. .:. �' rhitted to the City �OV�I THEREfORE,�E�� � , Clerks Off,ioe City Hall, IT RESOLVED BY THE�i � �50 W 13th�treet,Qrr�or�-� C1TY COUN�CIL dF,THE i � �before"said time ;of � CITY OF ' DUBUQUE, ! � public"heanng, „` ��WA j Any visual or hear- � Q publie hea"ring will I ,ing imp�ired persons be held on fhe 15th day il �. needinq' special,:assis- � of Octobe'r, 2018,,aY j tance or qersons'with 6;00 p.m.in;the.Historic!� ; s,pecial accessibility .� Federal Buil,ding.Coun-:I needs sliou�d contact 1 cil Charribers -(second'I li the City,Clerks Office'I .floor) 350 W. 6fh � � at (563) 589 4100 ..or ' Street �Du6uque; lowa, 'll TTY- 553).fi90 6678����t' �aG which tir{ie interest- ��� � least A8 liours�p,rior to,� ed persons�nay appear � more thatt twenty days � � the meeting , , , arid be lieard for'or�� priar to the�date of��' � Dated this 5th tlay of � against the proposed � such h2aring. ,.At the i �ctober2018 r �:,� lease and the Cify heanng anyinterested` � I�evin S Fir,nst'ahl, Clerk`be.and is hereby I person may appear and GM'C Citu,Gle`rk � tlirected�to!c�u`se the � fifle objection's to fhe�i � RESOLUTION,'` .� attached notice of the �ease. � N0..293-18 � time.and place of such � P,assed, adopted and I� RESOLUTION.SET- I hearing to be published � approved this lst day � TING DAT6 OF PUB-, in a ne,wspaper having ofOctober2018. I •LIC 'HEARING ON'� ge_neral cir,culation in i LLis Del Toro,'I 6 LEASE AGREEMEN7 �he City of Dubuque, � Mayor Pro Tem BETWEEN;;THE CITY iowa which notice i Attest:Kevin S i OF DUBUQUE,�IOWA 'i shall be,published.not� Firnstahl,CityClerk � AND, THE MIRACLE i less than fowr days nor i lt 10/5 � LEAGUE OF DUBUQUE �----- Miracle League of Dubuque Media Coverage Dubuque Telegraph Herald articles: • 5-3-15: "Prep baseball: Grant Vogt Memorial Classic— Special game takes center stage as Miracle League takes shape" • 5-10-15: "Letter: A special memory for special Olympians" • Date : "A specialty diamond —Vogt Memorial evolves into more than honoring his love of game" • 8-28-15: "Building fields for special dreams— Group considering sites in Dubuque, Asbury for special needs field" • 6-15-16: "Miracle League pitches home base— Special needs ballpark and playground could be built at Veterans Memorial Park" • Date : "Memorial Classic a home run for all — Special needs game highlights the drive for prosed Miracle League facility in Dubuque" • Date : "Baseball's undying joy— Special game takes center stage as Miracle League takes shape" • 3-7-17: "City Council Oks Miracle League plan — Project for residents with special needs will include a baseball diamond and playground at Veterans Memorial Park" • 3-7-17: Telegraph Herald online video coverage of Dubuque City Council approval • 7-7-18: "Cascade 5K to benefit Dubuque Miracle League— Colin Schlemme hopes Small Heroes, Might Cause can help make baseball available to all." • 8-16-18: "Miracle League fundraising tops $2 million; organizers aim for all-inclusive field, playground in 2019 • 9-20-18: Photo of check presentation to MLOD in full page Pinnacle Cellular & Satellite advertisement. • 9-29-18: "Miracle League field on deck in Dubuque" • 10-2-18: Dubuque City Council action —Approval of development agreement with MLOD and co- applicant for Community Attraction and Tourism grant • 10-3-18: "Our View— Miracle League backed by city rounding bases" • 12-_-18: Hy-Vee $50,000 check presentation to MLOD article • 12-25-18, 12-29-18, 12-30-18: Full page advertisements • 1-3-19: "Miracle League of Dubuque pushes fundraising" • 1-11-19: "Miracle League lands $500,000 grant, begins soliciting construction bids" • 1-19-19: "Council Oks renaming street for Miracle League" • 3-5-19: "Dubuque City Council: Miracle League Grant" • 4-26-19, 4-28-19: Full-page ad — Groundbreaking Ceremony • 4-30-19: "Baseball for all" • 6-24-19: "Noon Optimists donate $50,000 to Miracle League" • 8-29-19: "Adaptive Recreation: No longer on the sidelines" —from Tri-State Recreation magazine • 9-10-19: "Miracle Field a diamond in the rough" • 9-26-19 "Miracle in the making" — photo on front page The Witness • 2-16-20 "Miracle League of Dubuque facilities getting ready to open soon" Julien's Journal • 11-18: "2018 National Philanthropy Day— Outstanding Volunteer Fundraiser— Merle Santjer" Radio and Television Coverage • 5-1-17: KDTH radio interview • 6-14-16: KCRG coverage of Dubuque Park and Recreation Committee approval • 3-7-17: KCRG & KWWL coverage of Dubuque City Council approval of site plan and location • 3-16-17: Loras College video coverage, "Miracle League of Dubuque making dreams come true" • 1-9-19: KCRG coverage of CAT grant funding Fundraisers — Promotional Events • August 4-12, 2016: Holy Cross Angels Semi-Pro Baseball Tournament/Silent Auction —$874.50 raised • February 3, 2017: Community Foundation Showcase at Mystique Ice Arena • February 25, 2017: Mascot Mania — MLOD board member appears as "Homer" • May 5, 2017: Dancing With the Stars fundraising benefit for MLOD at Courtside—$4312.00 raised • May 13, 2017: Dancing With the Stars Dubuque Style— $98,849 • June 6-8, 2017: lowa Association of Business and Industry Conference—featured charity • October 19, 2017: Burger Night MLOD fundraiser at Asbury Eagles Club - $800.00 raised • February 2, 2018: Community Foundation Showcase at Mystique Ice Arena. • April 2018: Aktion Club Chili Dinner Fundraiser—$525.00 raised • July 13, 2018: Small Heroes/ Mighty Cause 5K Fundraiser—$43,426.89 raised • July 2018: Pinnacle/US Cellular "Shop For a Cause" Fundraiser— $778.82 raised • January 26, 2020: St. Columbkille KC breakfast benefit for MLOD - $2500.00 raised Presentations • Spring 2015 —Spring 2016: Introductory presentations - Optimists, Kiwanis, Lions, Rotary, Jaycees • Spring 2016: Telegraph Herald Editorial Board • Fall 2016: Dubuque Noon Optimists Club • October 20, 2016: Dubuque Morning Optimist Club • November 15, 2016: Evening Optimist Club • February 7, 2017: Dubuque Women After 5 Connection • March 23, 2017: Dubuque Sertoma Club • April 4, 2017: Maquoketa Optimist Club • April 10, 2017: Dubuque County Supervisors • Spring 2017: Update Dubuque Noon Optimists Club • September 19, 2017: VFW • September 20, 2017: Noon Lions Club • September 27, 2017: Sertoma Club project update • October 10: Millheiser-Smith Foundation • October 21, 2017: Update Rotary Club • October 23, 2017: Joint session - Vocational Rehab, ARC, Hills & Dales, Goodwill, DCSD • November 21, 2017: Rotary Club project update • January 25, 2018: Goodwill Staff • March 1, 2018: Update Dubuque Noon Optimist Club • August 13, 2018: Dubuque County Board of Supervisors • September 11, 2018: Dubuque Homebuilders Association • October 10, 2018: Leadership Dubuque Class • November 26, 2018: Dubuque Downtown Kiwanis Club • January 8, 2019: Update Dubuque Morning Optimist Club • December 10, 2019: Leadership Dubuque Grant Applications • Rotary - $2800 funded • ECIA grant for one grant writing of one grant application —funded • Woodward Foundation - $25,000 funded • US Bank - $2000 funded • Dubuque Racing Association - $20,000 funded • Dubuque Racing Association 2019 - denied • Schoen Family Grant- $50,000 for quiet room funded • Parks To People - $10,000 funded • Keep lowa Beautiful - $1000 funded for writing of CAT grant • 100 Men Who Care gift MLOD with $10,000 • Sisters of the Presentation - $1000 funded • Million Dollar Round Table Foundation —$45,000 funded • McGrath Auto—$500.00 funded • Knights of Columbus - $5000 funded • Brown Auto— • Kiwanis — • CVR Energy— • McDonough 2019 • lowa Community Attraction and Tourism (CAT) - $500,000 funded • Roy J. Carrver—denied • R.J. McElroy Trust - denied • Community Impact Grant- denied • McDonough 2017— denied • Finish Line - denied • Wahlert Foundation — denied • Wellmark Foundation —denied • Dubuque Racing Association Special Projects 2019 - denied MLOD Project History 2013 May 2013: Teacher and coach Tom Witry invites Merle and Mary Santjer to join him at his Optimists Club presentation about his dream to bring a Miracle League Field and All-Inclusive Playground to Dubuque. 2014 Spring 2014: Baseball game for people with special needs incorporated into the Grant Vogt Memorial Classic Baseball Tournament. December 2014: Joe Chlapaty pledges support ($500,000 Challenge Grant)for Dubuque Miracle League 2015 January 2015: Meeting with Joe & Linda Chlapaty, Mike Van Milligen, Tom Witry & Merle Santjer January 23, 2015: Visit to Ankeny, IA Miracle League Park, including consultation with Ryan Penning, Ankeny Miracle League project director January 29, 2015: Miracle League of Dubuque joins the National Miracle League Association March 16, 2015: Project Fund established with Community Foundation of Greater Dubuque January 2015 - Spring 2016: Potential locations for Miracle League project researched including: • Southwest Arterial Site • Pony League of Dubuque 32nd Street/NW Arterial Site • Grand View Methodist Church Site • City of Asbury Park Site • Pony League Site behind Farm Fleet Store • City of Dubuque: Reviewed all city parks with city staff, determined Veterans' Park is the best city of Dubuque park location Spring 2015 —Spring 2016: Community Presentations introducing the Miracle League Project • Optimists (3-12-15), Kiwanis, Lions & Sertoma (4-8-15), Rotary (3-17-15), Jaycees • Hills and Dales Child Development Center (3-13-15) • Churches • Telegraph Herald Editorial Board June 2015: Tour Minneapolis Miracle League Fields and Landscape Structures Playground Equipment Summer 2015: National Miracle League representative visits Dubuque to review sites and offer perspective Summer 2015: Grant Vogt Memorial Classic baseball game for persons with special needs October 2015: Local architect hired to aide in determining location, budget, site plan, conceptual drawing and timeline. 2016 January-March 2016: Informational meetings held: • City of Dubuque staff and City of Dubuque Park & Rec staff • Portzen Construction, Conlon Construction • Potential Site users: Hills & Dales, Albrecht Acres, Unified Therapy, Camp Courageous, ARC, Dubuque Community Schools (3-16-16) • Current Veteran's Park users: Clarke University, Jaycees, Pony League, City of Dubuque, Wahlert High School Spring 2016: Legal council secured. Bylaws and Articles of incorporation filed. Spring 2016: Board of Directors formed and meetings held in preparation for going public with the project. Spring 2016: Selection of Veteran's Memorial Park as site of future MLOD complex June 2016: Presented MLOD project to Parks and Recreation Commission Summer 2016: Informational meetings with each city council member Summer 2016: MLOD board representatives attend the National Miracle League Orientation in Atlanta Summer 2016: Grant Vogt special needs game. MLOD information table is featured. Summer 2016: Construction committee established. Fall 2016: MLOD website, gmail account and Facebook page established. October 2016: Straka Johnson Architects hired for completion of the project. October 2016: MLOD power point presentation featuring Gary Dolphin completed. October 2016: Informational presentation to Dubuque Morning Optimist Club October 2016: Conflict of Interest Policy approved. November 2016: Informational presentation to Dubuque Evening Optimist Club December 2016: Volunteer grant writing coordinator secured 2017 January and February 2017: Update meetings with user and affiliate groups reconvened January 2017: Purchased Directors and Officers insurance and General Liability for MLOD board February 3, 2017: Staffed MLOD table at Community Foundation Showcase February 7, 2017: Presented MLOD project to Dubuque Women After 5 Connection Winter 2017: Feasibility study developed, participants invited Spring 2017: Update presentation to Dubuque Noon Optimists Club March 2017: ECIA hired as our fundraising partner March 6, 2017: MLOD site plan and location approved by Dubuque City Council March 23, 2017: Presentation to the Dubuque Sertoma Club April 4, 2017: Presentation to the Maquoketa Optimist Club April 10, 2017: Presentation to Dubuque County Supervisors Spring 2017: MLOD receives 501(c)3 status May 5, 2017: Dancing With the Stars fundraising benefit for MLOD May 13, 2017: Dancing With the Stars Dubuque Style— MLOD booth — receive donations of$98,849 May 2017: MLOD Casebook completed June 2017: Feasibility Study interviews completed June 6-8: MLOD selected as featured charity at the lowa Association of Business and Industry Conference— MLOD information table June 9, 2017: Grant Vogt Memorial baseball game for children with special needs and Major League Baseball "Play Ball Summer" event— MLOD information table Summer 2017: Naming rights developed Summer 2017: Follow-up fundraising meetings with feasibility study participants August 2017: Additional MLOD board representatives attend the National Miracle League Orientation in Atlanta October 5, 2017: Initial meeting with Rick Ertz of Landscape Structures October 19, 2017: Burger Night MLOD fundraiser at Asbury Eagles Club Fall 2017: Initial draft of the operating agreement completed Fall 2017: Volunteer grant writer begins work for MLOD Winter 2018: Update newly-elected city council members December 2017: Year-end letter to prospective donors who have indicated interest, but have not donated 2018 January 2018: Holiday appreciation post card sent to donors and volunteers March 2018: Research bridge loan April 2018: 100 Men Who Care gift MLOD with $10,000 May 2018: New tri-fold MLOD brochure is printed May 2018: Request for name change of Northview Dr. to Miracle League Dr. made to City Council July 2018: MLOD Endorsement letter sent by Mike and Judy McCoy August 13, 2018: Presentation to Dubuque County Board of Supervisors September 11, 2018: Presentation to Dubuque Homebuilders Association October 1, 2018: Development Agreement with the City of Dubuque receives City Council approval. City votes to join MLOD as a co-applicant for the Community Attraction and Tourism grant. October 10, 2018: Presentation to Leadership Dubuque Class October 12, 2018: CAT Grant submitted October 15, 2018: City Council approves MLOD lease with the City. November 1 and 20: Letters sent to potential donors who have had personal visits and have indicated interest November 14, 2018: $500,000 grant presented to the lowa State Community Attraction and Tourism Board November 12, 19 and 26: Construction committee begins to meet regularly November 26, 2018: Presentation to Dubuque Downtown Kiwanis Club December 12, 2018: Updated the Enhance lowa Board on our fundraising status 2019 January 3, 2019: Construction plans and specifications will go to bid January 7, 2019: City Council approves street name change from Northview Dr. to Miracle League Dr. January 9, 2019: Community Attraction and Tourism Grant of$500,000 funded. January 31, 2019: Construction bid opening February 6, 2019: MLOD accepts Portzen bid as project contractor contingent upon City Council approval March 13, 2019: Playcraft selected as primary playground equipment vendor April 10, 2019: Premier Bank bridge loan proposal accepted April 29, 2019: MLOD Groundbreaking Ceremony May— November 2019: Construction of Miracle League Park (construction continues starting in March 2020) August— October 2019: Numerous site tours with donors September 6-8: ML All Star Game in Sioux City— Colin Schlemme represents MLOD October 2019: Sales Tax Exemption denied October 19, 2019: MLOD participates in Hills and Dales Halloween event at Kennedy Mall November 2019: Inordinate amount of rain and snow pushes construction completion to spring December 2019: Fencing around the playground and security cameras are installed 2020 January 2020: Postcard update sent to donors March 4, 2020: Three-year MLOD board member terms established March 4, 2020: Added a ninth member to the MLOD board April 2020: Portzen Construction completes their work on the MLOD project April 2020: City of Dubuque features MLOD registration on their website April 2020: Phase II playground equipment installation is complete May 2020: Covid-19 Pandemic delays opening of Miracle Park May 2020: Phase III playground equipment is installed May 2020: Naming rights recognition signs selected June 2020: Playground surfacing is installed June 2020: Shading structures are installed . , •. � . 1�. - - - _ _ ..�„� JCa`' .� `�„'_. :_ �. . . _.,�,, _ � _ - , . - ;�-�.� ` : - �,�, -- . - - , � . _ � . . ^ �4 :r � � . . � � , _ � F _ � , .. . . , ,•. � . ,.: . _ t. � .st�. � � - � . . .: : . � : - , , . 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' . . _.. . _ .. ..__. _ . �. 1�. • l�' -• � � i � ,�� � i ; , i . ,� , - � � � � � i1 �; I� � �i � 'i i, '�� � u � f � 'i I . _ : � . . _.�.�.�.�.,:�::.-��:��.� _ .a..�..v.. ..��,,����:W....�._..�.�Y,���.�.�.�..�,,..��x��,�:�,��:�� Prepared by: Marie Ware, Leisure Services Manager Address: 2200 Bunker Hill Rd, Dubuque, IA 52001 Telephone: 589-4263 Return to: Kevin Firnstahl, City Clerk Address: City Hall, 50 W. 13th St, Dubuque, IA 52001 Telephone: 589-4121 RESOLUTION NO. 296-18 RESOLUTION APPROVING CAT GRANT APPLICATION TO ENHANCE IOWA FOR MIRACLE LEAGUE OF DUBUQUE BASEBALL FIELD AND ALL-INCLUSIVE PLAYGROUND PROJECT Whereas, Enhance Iowa has allocated Community Attraction and Tourism (CAT) Program grant funds for projects that help position a community to take advantage of economic development opportunities in tourism and strengthen a community's competitiveness as a place to work and live; and Whereas this Project allows individuals with special needs to participate in organized recreational programs and activities just like their brothers, sisters, families and friends; and Whereas this Project furthers the 2035 Vision of the City Council that "Dubuque 2035 is a sustainable and resilient city and an inclusive and equitable community...Our residents experience healthy living and active lifestyle...and have an abundance of fun things to do..." NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Miracle League of Dubuque is hereby authorized to submit the CAT grant application for the Miracle League of Dubuque Baseball Field and All -Inclusive Playground Project with the City of Dubuque as a co -applicant for a project to be developed on property owned by the City of Dubuque. Section 2. The City agrees to contribute up to ten percent (10%) of the grant amount approved for Miracle League but not in an amount more than $50,000.00 subject to Miracle League obtaining all other commitments required for a successful CAT Grant application. Passed, approved and adopted this 1st day of October 2018. Luis Del Coro, ayor Tem Attest: SPA z4J4 d Kevin Firnstahl, City Clerk MIRACLE LEAGUE FIELD AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE,.IOWA AND THE MIRACLE LEAGUE OF DUBUQUE This agreement (Agreement) is entered into on this/�ay of � '� , 2018 by and between the City of Dubuque, lowa, a municipal corporation organized and existing under the laws of the state of lowa (City) and the Miracle League of Dubuque, an lowa non-profit organization exempted under Section 501(c)(3) of the Internal Revenue Code (Miracle League). WHEREAS, the mission of Miracle League is to provide recreational support and opportunities for individuals with physical and mental disabilities (special needs); and WHEREAS, City is the owner of certain real property known as Veterans Memorial Park; and WHEREAS, Miracle League wishes to construct special recreational facilities known as the Miracle League Complex on which individuals with special needs compete and play within Veterans Memorial Park, as outlined on Exhibit A ("Miracle League Complex"); and WHEREAS, Miracle League Complex is a custom-designed facility incorporating cushioned synthetic turf or hard surfacing that accommodates wheelchairs and other walking devices and helps prevent injuries; and WHEREAS, Miracle League allows individuais with speciai needs to participate in organized recreational programs just like their brothers, sisters, family and friends; and WHEREAS, Miracle League provides the equipment and the funds with which to construct ine Miracle League Complex described in this Agreemeni; and WHEREAS, Mirade League will pay all costs and expenses to construct the Miracle League Complex and discharge any liens arising from that construction; and WHEREAS, upon completion of the Mirade League Complex, the Miracle League Compiex will be accepted by the City Council and owned by the City as part of the Veterans Memorial Park, but subject to this Agreement; and WHEREAS, after City Council acceptance and during City ownership of the Mirade League Complex, the City will pzrfom routine maintenar�ce and rpairs to the Mirade League Complex while granting Mirade League preferential bui non-exclusive use of the Miracle League Complex pursuant to a long-term lease agreement between the parties; and 1 WHEREAS, Miracle League's preferential, non-exclusive use of the Miracle League Complex consists of the priority right to schedule games, tournaments, and events at the Miracle League Complex; and WHEREAS, the Mayor and City Council of the Gty of Dubuque, lowa recognize that the Miracle League Complex will enrich the lives of people with special needs, their friends, family and the Dubuque community and will promote the public health, safety, and welfare of its citizens; and WHEREAS, the organized recreational program in which people with special needs will participate will be known and referred to as "The Miracle League of Dubuque". NOW, THEREFORE, for and in consideration of the mutuai covenants, representations, and agreements contained herein, City and Miracle League hereby covenant and agree as follows: SECTION 1. DEFINITIONS. � CITY: City of Dubuque, lowa CONSTRUCTION PHASES: The chronological phases or stages of construction set forth in Exhibit B. DEDICATED AREA: The survey of the portion of Veterans Memorial Park that the City commits to Mirade League for the preferential but non-exclusive use and long-term lease for Miracle League for its use and events is attached as Exhibit E. DESIGNATED CITY STORAGE AREAS: The storage areas constructed by Miracle League to replace the existing City storage areas demolished and removed in order to ft in with the Miracle League Complex design, plans, and specifications. Unlike the other areas within the Miracle League Complex, the designated City storage areas will be used solely by the City. MAINTENANCE: After City Council acceptance of the Miracle League Complex, any update, repair or upkeep action to an individual element of the Mirade League Complex costing less than ten thousand dollars ($10,000.00). MIR4CLE LEAGUE: Miracle League of Dubuque, a non-profit organization organized, operated, and incorporated under Section 501(c)(3) of the Intemal Revenue Code. MIRACLE LEAGUE COMPLEX: All the £elds, buildings, facilities, parking areas, recreational and playground amenities and other structures, fiMures, and areas designated in Exhibit A. z REPLACEMENT AND CAPITAL IMPROVEMENTS: After City Council acceptance of the Miracle League Complex, any update, repair, upkeep action to an individual element of, or new purchase for the Miracle League Complex costing ten thousand dollars ($10,000.00) or more. SECTION 2. ESTIMATED COST AND COMMITMENT. 2.1 The estimated cost of the entire Miracle League Complex is Three Million Five Hundred Thousand Eighty-Six Dollars ($3,586,000.00). The funds will be raised solely by Miracle League. The City bears no financial responsibility and will not be involved in fundraising for the Miracle League Complex. If the cost of construction exceeds the estimated construction costs, Miracle League bears responsibility for all cost overages. 22 Through this Agreement, the City and Miracle League enter into a long-term commitment to Miracle League Complex, the individuals using the Miracle League Complex, and the spirit of the Miracle League. The City and Miracle League intend to operate the field and facilities as described in this Agreement and pursuant to a long- term lease agreement for the field and facilities. Once the long-term lease agreement and any options for renewal for the Miracle League fietd or facilities expire, all decisions regarding the next future use of the field and facilities will be within the sole discretion of the City Council. SECTION 3. FUNDRAISING, BOOKKEEPING, AND PHASES OF CONSTRUCTION. 3.1 If Miracle League raises or obtains pledges for 50% of the estimated funds needed for the Miracle League Complex on or before December 31, 2018, the City will dedicate a certain portion of Veterans Memorial Park to Miracle League for its preferential but non-exclusive use as the Miracle League Complex consistent with the goals, values, and purpose set forth in this Agreement as reflected on Exhibit E. 3.2 Phases. The Miracle League Complex will be buiit in the following Phases: Phase 1a: Relocate Veterans Field 3. includinq Hillside SpectatorSeatinp. 1. Prepare existing Field 1; 2. Rework the road, grade the hillside, adjust the north end of the parking lot, and maintain access to Field 2; and 3. Install Field 3: a. Infield, outtield, base paths, bases, and foul lineslpoles; b. Outtield fencing, foul line fencing, backstop (relocate existing as practicable); c. Relocate bleachers; d. Relocate existing Field 1 lighting and associated site electrical; and 3 e. Relocate existing Field 3 dugout benches and fences. When Miracle League has raised or has obtained pledges for 80% of the funds necessary to complete Phase 1a, conslruction and demolition may begin for this Phase 1b. Existing Veterans Memorial Park amenities referenced are shown in Exhibit C. Phase 16: Miracle Leaque Field. 1. Prepare existing Field 3, including sub-base and topping; 2. Install Miracle Field all-weather surface on areas including infield, outtield, base paths, bases, foul lines and poles; 3. Press box; 4. Bleachers and spectator zone; 5. Swreboard; 6. Proximity surfacing; 7. Fencing; and 8. Field lighting and associated site electrical work. When Miracle League has begun construction of Phase 1a and raised or obtained piedges for 80% of the funds necessary to complete Phase 1b, construction and demolition for this Phase 1 b may begin. Phase 2a: Restroom/Proqram Portion of Buildinq When Miracle League has begun construction of Phases 1a and 1b and raised or obtained pledges for 80°/o of the funds necessary to complete Phase 2a, demolition and construction of Phase 2a may begin. Phase 2b: Concession/Classroom/Storaqe Portion of Buildina When Miracle League has begun construction on Phases 1a, 1b, and 2a, and raised or has obtained pledges for 80% of the funds necessary to complete Phase 2b, demolition and construction of Phase 2b may begin. Phase 3: Inclusive Plavqround 1. Prepare site and vicinity; 2. Install all-weather surfacing; 3. Play equipment, coordination, circulation devices, and ramps; 4. Adjacent waiks and surfacing; and 5. Lighting and fencing. When Miracle League has begun construction on Phases 1a, 1b, 2a, and 2b, and raised or has obtained pledges for 80% of the funds necessary to complete Phase 3, demolition and construction of Phase 3 may begin. a Phase 4: Familv Plaza and Picnic/Shade Park. When Miracle League has begun construction on Phase 1a, 1b, 2a, 2b, and 3 and raised or has obtained pledges for 80% of the funds necessary to complete Phase 4, demolition and construction of Phase 4 may begin. Phase 5: Parkinq Lot Modifications. Drop-Off Loop Entry Pavilion and Ha�l of Fame Boulevard. When Miracle League has begun construction on Phases 1a, 1b, 2a, 2b, 3, and 4, and raised or has obtained piedges for 80% of the funds necessary to complete Phase 5, demolition and construction of Phase 5 may begin. 3.3 If Miracle League successfully obtains 80% of the funds necessary for multiple phases before construction has begun, Mirade League may begin construction on each phase for which 80% has been obtained. For instance, if Miracle League has obtained 80% of the funds necessary to complete Phases 1a, 1b, and 2 before construction begins, Miracle League may begin construction on these three phases simultaneously. If Miracle League successfully obtains funds for 80% of the entire project before construction begins, Miracle League may begin construction on the entire project at once. 3.4 If Miracle League fails to raise or obtain pledges for 50% of the estimated funds needed for the Miracle League Complex on or before December 31, 2018, unless the parties agree to extend the date by written amendment executed by both parties and approved by City Councii, this Agreement will terminate, with no consequence, breach, or remedies owing by either party to the other, and the City will not be obligated to dedicate any portion of Veterans Memorial Park to Miracle League for its preferential but non-exclusive use. 3.5 Naming opportunities and donor recognition must comply with the City's Naming Opportunities and Donor Recognition Policy. 3.6 Proof of Fundraisina. When Miracie League has raised or obtained pledges for 50% of the overall funds and 80% of funds for each individual Construction Phase, Miracle League will meet with assigned City staff and provide documentation of funds and pledges. The City will review documentation and then give notice to proceed with the overall construction and with each individual Construction Phase. 3.7 Maintenance of Records. The Miracle League Treasurer will maintain its accounting records on a cash basis and hold a project fund at the Community Foundation of Greater Dubuque and a checking account at Dupaco Community Credit Union. 3.8 Citv Access. Assigned City staff must have unlimited access to all accounting records, contracts, and supporting documentation during the term of this Agreement 5 I and for a period of five (5) years thereafter. Such access will be exercised in a reasonable manner upon reasonable notice to Miracle League. SECTION 4. CONSTRUCTION. 4.1 In preparation for City Council approval, Miracle League will submit architectural drawings, plans, designs, and specifications to the City of Dubuque Planning Services Department for the development review process. On or before June 30, 2019, Miracle League must produce and provide the City with those same architectural drawings, plans, designs, specifications, and cost estimates (collectively the Plans) for the construction of Miracle League Complex that are consistent with the Miracle League I Complex site plan shown in Exhibit A for approval by City Council. Such approval will not be unreasonaby withheld. In addition to the requirements set forth in Section 3, plans must be approved by the City Council before Miracle League begins construction on Miracle League Complex. 42 The Miracle League Complex must be built in accordance with the Plans approved by the City Council. City is not and will not be responsible for payments to contractors. Coniractors will not have claims for non-payment or other project-related claims against the City. All contractors and subcontractors working on the Miracle League Complex work for and are contracted by Miracle League. 4.3 Miracle League must obtain notice to proceed from the City before beginning construction of the Miracle League Complex or any of its construction phases. Miracle League must provide the City with a construction schedule and timeline for each construction phase. The parties will coordinate the construction start date in accordance with scheduled activities at Veterans Memorial Park and within the premises of Veterans Memorial Park. Once the plans have been approved as required in 4.1, the notice to proceed for any other construction phase is only for logistical purposes to ensure that the construction will not conflict with other matters occurring at the Miracle League Complex and subject to Section 15.1(C) of this Agreement. 4A Specific Requirements. In addition to Miracle League's plans and specifications, additional requirements include but are not limited to: A. The Plans for and construction of Miracle League Complex must comply with the statutory requirements of all applicabie City, state, and federal building, plumbing, and electrical codes, along with administrative regulations implementing the same. B. Certain fixtures and finishes in the Miracle League Complex must conform with and meet City standards for fixtures and finishes used in parks and park spaces throughout the City so that once the City assumes ownership, these fixtures can be repaired and maintained using City supplies. These fixtures and finishes will be approved through the site plan process. These fixtures include but are not limited to, a standard three-tier drinking fountain, plumbing fixtures, 6 gates, locks, security cameras (the make, model, design, and placement of which is approved by the City), and three (3) flag poles that prominently display three (3) flags, specifically the City flag, the state of lowa flag, and the United States of America flag, at some location within the Miracle League Complex. The City must approve these fixtures and finishes before use and implementation within the Miracle League Complex. This consistency will ensure that the City can maintain, repair, and replace following City Council acceptance of the Miracle League Compiex. Miracle League shall have the right to install a fourth flag pole for use of the Miracle League flag. The fourth flag pole, if installed, would be subject to the same terms as stated above for the other three flag poles. C. Desiqnated Citv Storaqe Areas. In order to buiid the restroom, concession, and storage building featured in the Miracle League Complex, Mirade League must demolish an existing City structure that contains City storage areas. Miracle League must construct Designated City Storage Areas that will replace the City's existing storage. These Designated City Storage Areas will be used solely by the City. The existing City storage area totals 336 square feet. Therefore, the new storage areas constructed by Miracle League must total 336 square feet or greater. D. The Miracle League Complex must compty with all applicable requirements of the Americans with Disabilities Act (ADA), including but not limited to accessibiliry requirements. Accordingly, the Miracle League must design and construct an ADA compliant route into the Miracle League Complex to access Existing Field 2 and other existing Veterans Memorial Park amenities changed by the construction of the Miracle League Complex as shown in Exhibits B, C, D, and E of this Agreement. E. Miracle League must obtain all applicable and necessary permits, easements, licenses and other requirements in Miracle League's name and pay all costs associated with these permits, easements, licenses, and other requirements. 4.5 Construction of Miracle League Complex must be done expeditiously and performed in a careful, skillful, diligent, good and workmanlike manner. If the City Council has not accepted the Miracle League Complex on or before December 31, 2021 (Sunset Date), this Agreement will terminate, with no consequence, breach, or remedies owing by either party to the other, except remedies arising prior to the Sunset Date and resulting termination. 4.6 Securitv and Safetv. A. SecuritV and safetv durinq active construction hours. Sections of Veterans Memorial Park will remain open to the public during Miracle League Complex construction. The Miracle League Complex area will be accessed and traveled through by park patrons throughout construction. Miracle League must maintain � proper signage, security, fencing, and awareness when onsite during active construction. This includes but is not limited to securing any dangerous conditions, hazardous materials, and construction equipment. B. Security and safetv durinp non-active construction hours. Sections of Veterans Memorial Park will remain open on days and during times when active consVuction is not occurring. Miracle League must maintain property signage, security, fencing, and awareness during non-active construction hours as well. This includes but is not limited to securing any dangerous conditions, hazardous materials, and conshuction equipment. 4.7 Miracle League will pay all costs and expenses to construct the Miracle League Complex and discharge any liens arising, should they arise, with respect to any equipment or personal property on or part of the Miracle League Complex due to the neglect or omission of Miracle League after the execution of this Agreement and before substantial completion. 4.8 During construction of the Miracie League Complex, Miracle League will require easements larger than the dimensions of the Miracle League Complex itself. The City grants Miracle League a temporary construction easement encompassing the area set forth in Exhibit D. The temporary construction easement terminates upon City Council acceptance of the Miracle League Complex. 4.9 Title and Ownership of the Miracle League Complex immediately and automaticaily vests in the City upon City Council acceptance. However, the City grants Miracle League priority rights to schedule games, tournaments, and events at Miracle League Complex. The City retains the right to operate Miracie League Complex and all its related facilities after construction is complete subject to the lease to be entered into between City and Miracle League. Miracle League Complex remains property of the City. Miracle League has the right to remove its personal property used to construct Miracle League Complex aker completion of Miracle League Complex, but all fixtures and permanent improvements made will remain in Veterans Memorial Park. Miracle League gifts and donates its construction of the improvements made as part of Miracle League Complex to the City, and ownership of Veterans Memorial Park and Miracle League Complex remains with the City at all times. 4.10 Phases that can be accepted individually, accessed by the public with accessible, ADA compliant routes, and used in a safe and appropriate manner will be accepted individually upon completion. Phases that cannot be accepted individually because construction of other phases renders them unsafe, inaccessibie, or incomplete will not be accepted by City Council until the conclusion of the entire project as described in Section 4.18 of this AgreemenL When the City Council accepts the entire Miracle League Complex in its final and comp�eted form as described in Section 4.18 of this Agreement, Miracle League will provide a Bill of Sale for City Council acceptance. a 4.11 Miracle League must obtain permission from the City before building any new permanent fixtures that were not previously approved pursuant to section 4.1. If permanent fixtures are clearly and noticeably feaWred in the plans, specifications, and design, City Council approval of those documents constitutes City permission. 4.12 Miracle League acknowledges and agrees that it is the intent of the parties that the City will not incur any costs related in any way to the design or construction of the Miracle League Complex. Although the City will own and maintain Miracle League Complex after City Council acceptance of the Miracle League Complex, the City will not incur any costs related in any way to the design or construction thereof. Notwithstanding the foregoing provision, Section 2.1 or anything else in this Agreement to the contrary, the City agrees to be a co-applicant for a CAT Grant with the State of lowa Economic Development Authority. Additionally, the City agrees to contribute up to ten percent (10%) of the grant amount approved for Miracle League but not in an amount more than $50,000.00. The City's funding would be paid over a three year period in equal amounts each year in fiscal years ending June 30, 2020, June 30, 2021 and June 30, 2022, subject to Miracie League obiaining all other commitments required for a successful CAT Grant application. 4.13 AII work performed by Miracle League to construct Miracle League Complex will be done by Mirecle League as an independent contractor and not as an Agent or Representative of the City. Miracle League is not authorized to enter into any binding agreements on behalf of the City. Mirade League does not own Miracle League Complex but is constructing the Mirade League Complex and will donate the improvements to the City as stated herein. 4.14 Once construction begins, key designated staff, representatives from the City and Miracle League, and the project and/or general contractor wiil meet at least bi- monthly to review construction progress and any issues thai may arise during the construction phases. The purpose of these construction meetings is not to request substantial changes to the plans previously approved through the developmeni review process and by City Council. The architect or the architecYs designated representative will keep minutes of the construction meetings, and those minutes will be shared with and approved by all parties. 4.15 Chanqes. A. Before construction begins, the City and Miracle League will each I designate a representative with the authority to request or process change orders. Any change order above $5,000.00 must be approved in writing by Miracle League's designated and the City's designated representative. B. For any changes necessary to comply with the ADA or any other state, federal or local law in connection with changes being made by Miracle League as shown in Exhibits B, C, D, and E, Miracle League will pay for such changes and 9 provide the City with courtesy notice of the changes. For these compliance- related changes, the aforementioned change order process will not apply. 4.16 Water and sewer service already run through and to the area of Veterans Memorial Park on which the Miracle League Complex will exist. Therefore, no water or sewer connection fees will be assessed to Miracle League. However, if additional or new utilities are needed, Miracle League is responsible for all applicable connection fees, bills, meter installations, or any other steps necessary to provide utilities to the Dedicated Area until City Council acceptance of the Miracle League Complex. However, City will be responsible for the water bills during construction of the Miracle League Complex and after acceptance. If temporary utilities are needed during construction and before acceptance, Miracle League will be responsible for obtaining and paying for those temporary utilities. City Council will not accept the Miracle League Complex or consent to transfer of utility service if past due balances exist on utility accounts. After City Council acceptance of the Miracle League Complex, responsibility for utilities and all associated accounts and fees moving forward will be the City's responsibility. 4.17 Risk of Damaqe. At all times prior to City Council acceptance, Miracle League's personal property of every kind or description, induding without limitation, inventory and trade fixtures, improvements, construction materials and equipment which may at any time be on the Miracle League Complex or in Veterans Memorial Park shall be at Miracle League's sole risk, or at the risk of those claiming under any right by its association, contractual or otherwise, with Mirade League. At all times prior to City Council acceptance, City will not be liable and will be heid harmless by Miracle League for any damage or loss of Miracle League's personal property at Miracle League Complex or in Veterans Memorial Park. 4.18 Unless accepted under 4.10, at the end of construction phase, and again at the end of all construction but prior to City Council acceptance, the City will promptly inspect all improvements made at the Miracle League Complex to ensure compliance with the designs, specifications, and this Agreement. Any non-compliance must be corrected prior to Ciry Council acceptance of the Miracle League Complex. SECTION 5. ON-GOING OPERATIONS. 5.1 After City Council acceptance, Miracle League Complex will be used and owned by the City as a public park to be enjoyed by the public generally, subject to the terms of this Agreement. Any damage caused to the Miracle League Complex as a result of City approved uses by third parties other than Miracle League, shall be the responsibility of the City to repair. Miracle League will have preferential use of the Miracle League Complex rent free for all Miracle League games, tournaments, and other Miracle League events, but Miracle League Complex will be available for public use when Miracle League does not have events. zo 52 The City may adopt reasonable rules and regulations regarding the use of Mirade League Complex. The parties acknowledge and agree that the Miracle League Complex, by its design and construction, is intended primarily to benefit persons with special needs, including physical disabilities, and that the rules adopted for Mirade League Complex may focus on such classes of persons. However, no rule may be implemented which (1) is not applied uniformly among all persons; (2) discriminates against or otherwise bars certain dasses of persons from the use of Miracie League Complex in violation of any law; or(3) violates any law, regulation, or ordinance. SECTION 6. LEASE. 6.1 Term. Upon completion of fundraising, construction, and acceptance of the Miracle League Complex by the City, Miracle League begins leasing the Miracle League Complex from the City for a term of twenty-five years, with five individual, consecutive five-year options to renew. 6.2 Rent. Mirade League will pay the City rent in the amount of one dollar ($1.00) annually on the anniversary of City Council acceptance of the Miracle League Complex for the preferential, prioritized, long-term use of the leased premises shown in attached Exhibit E. 6.3 General Upkeep and Routine Buildinqs and Grounds Care. The City will care for Miracle League Complex on a regular basis with respect to routine upkeep and buildings and grounds care for use and enjoyment by the public generally as a place of amusement and recreation so long as Miracle League is leasing the Miracle League Complex. Such routine care includes mowing, trash removal, vandalism not rising to the level of Maintenance or Capital Improvements as discussed in Section 6.5 below, and simple repairs (i.e., replacement of bolts, screws, and other simple repairs). 6.4 As set forth in Sections 4.10 and 4.18 of this Agreement, the City agrees to accept the improvements made as part of Miracle League Complex for the use and benefit of the public and agrees to keep Miracle League Complex in reasonably good condition for its intended purposes. 6.5 Maintenance, Reqlacement, and Capital Improvements. A. Maintenance is distinguished from Replacement or Capital Improvements by the dollar value of the individuai item in question. As set forth in Section 1 of this Agreement, Maintenance is defined as after City Council acceptance of the Miracle League Complex, any update, repair or upkeep action to an individual element of the Miracle League Complex costing less than ten thousand dollars ($10,000.00) for any individual item. As set forth in Section 1 of this Agreement, Repair and Capital Improvements are defined as after City Council accepiance of the Miracle League Complex, any update, repair, upkeep action to an individual element of, or new purchase for the Miracle League Complex costing ten thousand dollars ($10,000.00) or more. 11 B. After Ciry Council acceptance of the Mirade League Complex, the City will be responsible for all Maintenance. C. After City Council acceptance of the Miracle League Complex, the Ciry is not obligated to undertake or perform any Replacement and Capital Improvements to or within the Miracle League Complex. The City Council may choose, entirely at its own discretion, to undertake, perform, or assist with any Replacement and Capital Improvements to and within the Mirade League Complex, but the City has no obligation or responsi6ility to do so. Any such action would be entirely voluntary and not obligatory. If Replacement and Capitai Improvements are needed, and the City Council dedines to perform them, Miracle League may ask the City Council for approval to complete such Replacement and Capital Improvements with any endowment or funding Miracle League has obtained for such purpose. However, Replacement and Capital Improvements may not be performed without City Council approval and Notice to Proceed. D. If the City fails to properly provide Maintenance to an individual element of the Miracle League Complex costing less than ten thousand dollars ($10,000.00) for any individual item, as set forth in Section 6.5 (A) above, and such failure results in a necessary Replacement or Capital Improvement costing more than $10,000, the City will be obligated to make the resulting Replacement or Capital Improvement. 6.6 The Miracle League Complex will be open and operate on the same calendar and schedule as Veterans Memorial Park, only on days and during hours that Veterans Memorial Park is open to the public. 6.7 Lease Termination bv Miracle Leapue. After acceptance of the Miracle League Complex, Miracle League may terminate the Lease at any time and for any reason, as long as Miracle League provides the City with thirty (30) days' written notice of termination. 6.8 Lease Termination bv Citv. After acceptance of the Miracle League Complex, City may terminate the Lease only with City Council approval and for cause, including but not limited to, park closure, budgetary constraints, natural disaster, act of terror, or other catastrophic event. If the City would decide to permanently close Veterans Memorial Park for whatever reason, Miracle League will have the option to acquire the improvements of the Miracle League Complex. SECTION 7. CONCESSIONS. 7.1 Mirade League will construct and equip a basic ADA accessible concession stand. The City, or a contractor of the City's choice, will operate a concession stand dunng Miracle League sponsored games and tournaments. As the operator, the City in 12 its sole discretion will determine the items available for sale and the pricing of those same items. Under the City's operation, City purchasing policies, bidding, and staffing procedures will apply. 72 The City or its contractor may use the concession stand for other eveMs and for other park visitors during Miracle League events. City or its contractor may use the concession stand at any time during Veterans Memorial Park hours. SECTION 8. PROGRAMMING. Miracle League and the City will work to develop programs with the understanding that City involvement will require compliance with applicable City policies and applicable local, state, and federal law. SECTION 9. INSURANCE AND INDEMNIFICATION. 9.1 During construction, if Mirade League performs the work itself or through its volunteers, members, agents, or any other representative, Miracle League, at its sole cost and expense, must maintain, for the mutual benefit of the City and Mirade League, insurance that meets the requirements set forth under Insurance Schedule F attached as Exhibit F. 92 During the lease phase, Miracle League, at its sole cost and expense, must maintain, for the mutual benefit of the City and PAiracle League, insurance that meets the requirements requested by the City from Lessees of property leased from the City as currently set forth in Insurance Schedule A shown in Exhibit G. 9.3 During construction, Miracle League must require any contractor performing work on or at the premises of Veterans Memorial Park for the construction of Miracle League Complex at Miracle League's direction to carry and maintain, at no expense to the City, a comprehensive general liability insurance policy, including but not limited to, contractor's liability coverage, conVactual liability coverage, completed operations coverage, broad form property damage endorsement and contractor's protective liability coverage, with insurance carriers and in amounts reasonably acceptable to the City and worker's compensation or similar insurance, covering all persons employed by Miracle League and Miracle League's subcontractors, sublessees, and assigns on the premises of Veterans Memorial Park for the construction of Miracle League Complex, in form and amounts required by law. These insurance requirements for contractors, subcontractors, and others performing work on Miracle League's behalf are set forth under Insurance Schedule F attached as Exhibit F. 9.4 Certifcations of all such insurance required pursuant to this section must be delivered to the requesting party within fifteen (15) days following the requesting party's request. 9.5 During construction, Miracle League will indemnify the City and hold the City harmless from and against any and all claims, actions, damages, liability and expenses (including, but not limited to, court costs, costs of defense and reasonable attomey's 13 fees) in connection with loss of damage to property or injury or death to persons occurring in, on, or about or arising out of construction of Miracle League Complex in Veterans Memorial Park or the construction of improvements by Miracle League, its agents, employees, licensees, invitees, contractors, or subcontractors, which are occasioned wholly by any act of omission of Miracle League. 9.6 During construction the City will indemnify Miracle League and hold Miracle League harmless from and against any and all claims, actions, damages, liability, and expenses (including, but not limited to, court costs, costs of defense and reasonable attomey's fees) in connection with loss of damage to property or injury or death to persons occurring in, on, or about or arising out of construction of Miracle League Complex in Veterans Memorial Park or the construction of improvements by the City, its agents, employees, licensees, invitees, contractors, or subcontractors, which are occasioned wholly by any act of omission of Miracle League. 9.7 All insurance policies required to be carried by Miracle League under this Agreement must be with an insurance provider licensed in the state of lowa. Public Iiabiiity insurance policies evidencing such insurance must name the City and its designee as additional insureds and must also contain a provision requiring the insurer to give at least thirty (30) days written notice to the City of any canceilation, modification, or non-renewal of such insurance. 9.8 Builder's Risk. While Miracle League performs any demolitions, restorations, alterations, improvements or changes to the Dedicated Area, the City, at Mirade League's expense, will obtain and maintain builders risk insurance upon the entire work within the Dedicated Area to the current one hundred percent (100%) replacement value thereof against all risks of physical loss or damage to the property insured, excluding eaRhquake and/or other earth movements and flood. SECTION 10. BOND. 10.1 Construction. Miracle League will have its contractor(s), at its own cost and expense, fumish the City with a corporate surety bond satisfactory to the City before the commencement of construction from a surety company licensed to transact business in the state of lowa, an amount equal to the total estimated cost of the construction required of Miracle League. The bond must name the City as principal and Miracle League or its contractor(s) as surety, to assure full and satisfactory performance by contractor(s) of all obligations contained in this Agreement to buiid, construct, and install Miracle League Comptex, improvement and landscaping upon the premises of Veterans Memorial Park for use by Miracle League and the public. 102 Maintenance. Miracle League will have its contractor(s), at its own cost and expense, furnish the City with a corporate surety maintenance bond when the Miracle League Complex is submitted for City Council acceptance. The maintenance bond must be maintained for two (2) years from the date of City Council acceptance. ia 10.3 The estimated cost of construction of the Miracle League Complex is Three Million Five Hundred Eighty-Six Thousand Dollars ($3,586,000.00) for the purpose of a corporate surety bond. The corporate surety construction bond and corporate surety maintenance bond must be in the amount of one percent (1%) of the estimated construction cost. SECTION 11. TIME IS OF THE ESSENCE. Time is of the essence for this Agreement and the performance of aIl o6ligations hereunder. Failure of Miracle League to timely construct Miracle League Complex by the Sunset Date may result in the City exercising all remedies under this Agreement. SECTION 12. ENVIRONMENTAL INDEMNIFICATION. 12.1 City indemnifies and holds harmless Miracle League from and against any loss, cost, damage, or expense arising out of or relating to the presence of Hazardous Materials at Miracle League Complex in Veterans Memorial Park as of the date of execution of this Agreement or due to the act of omission of the City, its agents, contractors, or employees. 122 Mirade League indemnifies and holds harmless the City from and against any loss, cost, damage or expense arising out of or relating to (i) the presence of Hazardous Materials first introduced into Veterans Memorial Park during the construction of Miracle League Complex by Miracle League, its contractors or employees, or (ii) arising from the exercise of rights granted to Miracle League hereunder which leads to the exacerbation of an existing release of Hazardous Materials in Veterans Memorial Park. 12.3 For purposes of this Agreement, Hazardous Materials are (i) any "hazardous wastes" as defined by the Resource, Conservation and Recovery Act of 1976 (42 U.S.C. Section 6901 eL Seq.), as amended from time to time, and regulations promulgated thereunder, (ii) any "hazardous, toxic or dangerous waste, substance or materiaP' speciflcaliy defined as such in or for the purposes of the Comprehensive Environmental Response, Compensation, and Liability Act, any so-called "superfund" or "super lien" law, or any other federal, state, or local statute, law, ordinance, code, rule, regulation, order or decree regulating, relating to, or imposing liability or standards of conduct concerning any hazardous, toxic, or dangerous waste, substance, or materiai, and specifically identified and known as a hazardous, toxic, or dangerous waste, substance or material as of the date hereof induding any petroleum, petroleum products, orwaste. SECTION 13. TERMINATION RELATED TO CONSTRUCTION AND FUNDRAISING. 13.1 This Agreement is effective only during fundraising, construction, and the effective lifespan of the Miracle League Complex. 132 This Agreement will terminate before the completion of construction of Miracle League Complex if any of the following happen: is A. Miracle Leaque fails to submit Plans for CiN Council approval on or before June 30, 2019. If Miracle League fails to submit Plans for City Council approval on or before June 30, 2019, this Agreement will terminate at 12:00 AM on July 1, 2019. B. Mirade Leaque fails to raise 50% of the estimated wst to construct the Miracle Leaque Complex on or before December 31 2018. If 50% of the estimated cost to construct Miracle League Complex is not raised by December 31, 2018, this Agreement will terminate at 12:00 AM January 1, 2019. C. Mirade Leaque fails to complete construction of Miracle Leaque Complex bv December 31 2021. If Mirade League fails to complete construction by December 31, 2021, this Agreement will terminate at 12:00 AM January 'I, 2022. 13.3 This Agreement may terminate upon written notice from Miracle League at any point before completion of construction of Miracle League Complex. 13.4 If this Agreement terminates prior to the completion of construction of Miracle League Complex for any reason, the City at its sole discretion will determine whether it will keep any improvements made by Miracle League to the Miracle League Complex in Veterans Memorial Park or whether Miracle League must remove those same improvements within thirty (30) days of early termination and restore Veterans Memorial Park to its original condition. 13.5 If this Agreement terminates prior to the completion of construction of Miracle League Complex for any reason, this Agreement wiil terminate, with no consequence, breach, or remedies owing by either paRy to the other, except the removal of improvements set forth in Section 13.4 of this Agreement. SECTION 14. ASSIGNMENT AND SUBLETTING. Neither Miracle League nor the City may assign or sublet this Agreement without the prior written consent of the other. SECTION 15. REMEDIES UPON BREACH OR TERMINATION. 15.1 Citv's Remedies Upon Miracle Leaque's Breach or Termination. If Miracle League substantially breaches this Agreement as set forth in Section 16 below, after notice from City to Miracle League specifically setting forth the nature of such breach and after the expiration of thirty (30) days from the date of such notice without Miracle League curing such breach or beginning work to cure such breach which is not possible being cured within thirty (30) days, or Miracle League terminates this Agreement, City, at its option and after applicable notice and cure periods have expired, in addition to all other rights and remedies provided in this Agreement or otherwise at law or in equity, may terminate this Agreement, and upon termination do any of the following: 15 A. Re-take possession of Mirade League Complex and complete construction of Miracle League Complex to any degree that the City sees fit, including any design modifications the City may choose to make; or B. Re-take possession of Miracle League Complex and reWm the land in Veterans Memorial Park on which Miracle League Compiex will sit to unrestricted park land with no special designated use. C. Withhold notices to proceed as issued throughout the construction of the Miracle League Complex. The City, at its sole discretion and with City Council approval, will determine the appropriate remedy for Miracle League's 6reach. 152 Miracle Leaaue's Remedies Uoon Citv's Breach or Termination. If the Ciry substantially breaches this Agreement as set forth in Section 16 below, after notice from Miracle League to City specifically setting forth the nature or such breach and after the expiration of thirty (30) days from the date of such notice without the City curing such breach or beginning work to cure such breach which is not possible being cured within thirty (30) days, or the City terminates this Agreement, Miracle League, at its option and after such notice and cure periods have expired, in addition to all other rights and remedies provided in this Agreement or othervvise at law or in equity, may terminate this Agreement. If the City substantially breaches or terminates (for a reason other than a breach by Mirade League as described in Section 15.1) this Agreement before the expiration of the life expectancy of the Miracle League Complex, Miracle League will be able to recover the money Miracle League spent on improvements, equipment and professional services in connection with the Miracle League Complex from City. SECTION 16. DEFAULT. 16.1 Citv Breach. City will be deemed in breach of this Agreement if City fails, whether by action or by inaction, to timely comply with or satisfy any of the obligations imposed on the City under this Agreement for a period of thirty (30) days after Miracle League delivers written notice to the City of such default. If the default cannot, by its nature, be cured within such thirty (30) day period, but City commences and diligentiy pursues a cure of such default promptly within the initial thirty (30) day cure period (and cures such default as soon as possible with due diligence thereafter), then Miracle League will not exercise its remedies under Section 15 above. 16.2 Miracle Leaque Breach. Miracle League will be deemed in breach of this Agreement if Miracle League fails, whether by action or by inaction, to timely comply with or satisfy any of the obligations imposed on Miracle League under this Agreement for a period of thirty (30) days after the Ciry delivers written notice to Miracle League of such default. If the defau�t cannot, by its nature, be cured within such thirty (30) day period, but Miracle League commences and diligentiy pursues a cure of such default promptly within the initial thirty (30) day cure period (and cures such default as soon as I v possible with due diligence thereafter), then City will not exercise its remedies under I Section 15 above. SECTION 77. AUDIT. 17.1 The City or its assignees may audit all financial and related records (including digital records) associated with this Agreement and its terms and conditions, including but not Ifmited to timesheets, reimbursable out of pocket expenses, materials, goods, and equipment daimed by Miracle League. The City may further audit any of Miracle League's records to conduct performance audits or to identify conflicts of interest. 172 Mirade League must at all times during the Term of this Agreement and for five (5) years thereafter, keep and maintain records of the work performed pursuant to this Agreement. These records must include but are not limited to proper records of quotations, contracts, correspondence, invoices, vouchers, timesheets, and other documents that support actions taken by Miracfe League. Documents must be maintained by Miracle League to clearly reflect all work and actions taken. Miracle League, at its own expense, must make such records available for inspection and audit (including copies and extracts of records as required) by the City at all reasonable times and without prior notice. SECTION 18. WAIVER. Waiver of any of the terms, covenants, and provisions, conditions, ruies, and regulations required by this Agreement, or waiver of any legal or equitable remedy will not constitute or imply a failure by the City or Miracle League to assert any other rights or to dedare any other forfeiture under this Agreement. Waiver of any terms, covenants, rules, or regulations under this Agreement will only be valid if in writing and signed by the waiving party. SECTION 19. NOTICE. All notices related to this Agreement must be in writing and will be deemed properly delivered when and if such notices are (i) hand-delivered with receipt on the date set forth on the receipt; (ii) delivered by over-night carrier, with receipt, on the date set forth on the receipt; or (iii) sent in the United States mail, postage prepaid, certified or registered mail, retum receipt requested on the date set forth on the receipt, addressed to the parties at their addresses set forth below: To City: Michael C. Van Milligen City Manager City Hall 50 West 13'" Street Dubuque, lowa 52001 With a copy to: Marie Ware Leisure Services Manager 2200 Bunker Hill Road Dubuque, lowa 52001 1a To Miracle League: Mer�in P. Santjer President, Miracle League of Dubuque 2955 Arbor Hills Drive Dubuque, lA 52001 With a copy to: John C. O'Connor O'Connor & Thomas, PC 1000 Main Street Dubuque, lowa 52001 If John C. O'Connor is not practicing law at 0'Connor 8 Thomas, P.C., then a copy of any notice provided under this Section 19 must be provided to: 0'Connor& Thomas, P.C. Attention: Firm President 1000 Main Street Dubuque, lowa 52001 The parties may and should update this notice section periodically and whenever necessary during the term of this Agreement and during the term of the related lease between the parties. SECTION 20. SEVERABILITY. If any covenant, agreement, provision, term, or condition of this Agreement is deemed invalid or unenforceable, the remaining covenants, agreements, provisions, terms, or conditions of this Agreement will remain valid and enforcea6le to the fullest extent permitted by law. SECTION 21. SUCCESSORS AND ASSIGNS. This Agreement binds and inures to the benefit of the City and Miracle League, and their respective heirs, administrators, successors, and assigns. SECTION 22. CAPTIONS. All captions, headings, titles, numerical references, and computer highlighting are for convenience only and do not affect the interpretation of this Agreement. SECTION 23. NUMBER AND GENDER. All terms and words used in this Agreement, regardless of the number or gender in which they are used, will be deemed to include the appropriate number and gender, as the context may require. SECTION 24. GOVERNING LAW. This Agreement is govemed by the laws of the I state of lowa. Appropriate venue for any action under this Agreement is the District Court of Dubuque County, lowa. SECTION 25. COMPLETE AGREEMENT. This writing contains the entire agreement between the parties hereto related to the construction of Miracle League Compiex. Any modification or amendment to this Agreement must be made in writing and signed by both parties. 19 SECTION 26. PARTNERSHIP. Nothing in this Agreement may be construed to create a partnership, joint venture, or relationship of principal and agent between City and Miracle League. No provision of this Agreement may be construed to confer any rights of remedies upon any party other than City and Miracle League. SECTION 27. FORCE MAJEURE. Should any matter or condition beyond the reasonable control of either party including, but not limited to, war, public emergency, acts of terrorism, calamity, fire, earthquake, flood, acts of God, strikes, labor disturbances, or actions, civil disturbances or riots, or any governmental restriction prevent performance of this Agreement in accordance with the provisions hereof, in whole or in part, performance of this Agreement wi�l be suspended or excused to the extent commensurate with such interfering occurrences. SECTION 28. NON•DISCRIMINATION. The parties shall comply with the provisions of federal, state and local laws and regulations to ensure that no employee, member, applicant or person is discriminated against because of race, creed, religion, color, age, sex, gender identity, sexual orientation, national origin, disability, or other protected class. The parties shall provide state or federal agencies with appropriate reports as required, ensuring compliance with equal employment laws and regulations. Each party shall ensure that its authorized subcontractors comply with provisions of this clause. A breach of this provision shall be considered a material breach of this Agreement. SECTION 29. DISPUTE RESOLUTION. 29.1 The City and Miracle League will attempt in good faith to resolve any dispute or claim arising out of or in relation to this Agreement through negotiations between a designated individual from each of the parties with authority to settle the relevant dispute. If the dispute cannot be settied amicably within thirty (30) days from the date on which either party has served written notice of dispute on the other, then the remaining provisions of this Section will apply. 29.2 If a dispute or claim arising out of or in relation to this Agreement or the performance of any of the terms of this Agreement cannot be resolved by negotiations between the City and Miracle League, such matter or mattzrs will be resolved through binding arbitration, applying the following rules and procedures: A. Arbitration will be held in Dubuque, lowa; B. The arbitration will be heard by one (1) arbitrator whom which the parties mutually select; and C. The arbitration will be heard under the rules of the American Arbitration Association (AAA). zo IN WITNESS WHEREOF, the parties hereto execute this Agreement on thislsc day of october , 2018. CITY OF DUBUQUE, 10 A MIRACLE LEAGUE OF DUBUQUE BY: ,�, By: �",�-.-,e„- P � �R � � +je�- � Merlin P. Santjer cuis �e1 Toro, �ayor �r� Tem Miracle League of Dubuque Attest: _ �^/j - - --- --- BY �'���L%E�c�� - Kevin S. �rnstahl � City Clerk zi EXHIBIT A MIRACLE LEAGUE OF DUBUQUE SITE PLAN 22 � �, �_-_�wYSW � �.,.�e`��....m�l .,,.,1 . . .. -- , rc� .v. ��;vaWa._ I �•j� _ _ — ; �l 7< _ q �" 4 �'_ w 4 ` _ _ � d r J � � I 1 � 't �� i�� i � � � ` � i � I y' �i 4 � k_ ,, ��, � �.�_. , . ,�. /�— � .�' ::� �8 � I1'� . . Jlr, Y � � Y� I � • i O , _J.:' � S � _— �— I 1'x �� � �' -� ) : �I 9� A � �: M � � � i� 1��a:� � � F ry � � '�`t c ev:�.s ��'' , i � . . ���,i,�.� '��" 'i11�.� �.p ��: i S � li � � :.a.N�'. i '� I i ',-� i� i'P' �i��� il i,i . - �� � i� � I Inlin } � � I .ii'.' i�i.. . ir, � � i 7 ' . • - "', j__ I ,, ,k.'f ' ' �� + . _ . "� J , ' . I .� _ � oa _ 7 J I _ _ �, 2 � i _ � � a *' V ¢ > �°y Qf � y� ri ' C < :: �*� W (n �� Z f � � 3 . S �[ � �I = W W r . .. '� . b , �_ � J � U � L� � � m � � 0 I EXHIBIT B PHASES OF CONSTRUCTION za ===�- ._- _ : _ __ _.:� ; : ; .,.,., „e:., . � ' IS'W 3rcr=rc =0 3nav:� a»eai�aH. �I. � ' — �� - _ �:=' ��� '�.. - r:--- �D�".:,:9 �, ? � :-' - : _ � � T�- d� � . � �_ — N = ' N f •�y � a — . � �� � I �~$ _�� l� - ..}; ��,.y '� I� ` ��'��"� I � ti � �r� a �� ' 1 ' � ` � - �;; ' _- _:" .. T � � Y so .ns.G e..v .._-. I I Alli i�I II I .,P,.,, -. _.'�`" VSW _�e-ara ao r�v i -i;va::a ru - �; v� _ a6a _ � '__ . � m I O . N L— �� o W ��.: � � bJ J 4 �, � "- Y - t ��_ U ___ _- i " .,�", . - ,:_ ;�,. '��' YSN — x s li l N _ a" fl'.l �O 3f9b3"I 3��HLIW 3.V1 My p LHIL�y Z - �:\i �= - /� � � `. \ � C ' � �� N � . . i 4„_ Y�', ly '� W'�..: . �.: �. L k1i.`�' �.�,�. S• _ 1� 1 I � 1 j 1 �'t�rW — — - lg�, "{� ,` �,;''���� �� �"�� G J W C) ' �' > :3 Lp� a lrid -1 �{ L "y� Ci � < x r' , � �.T�o„ �.�." 1�Sly �-_rrmena�o viyr.vawaru .. � .�I;'�3� � c '=� I � �1', 3 � ' � m N ' 4 ���� ��� _�'J-✓n _�'� M ���. ��` ' �r�. � �,., �� .f�� i . # �i � � S � ri; '��r. .. , � . . ._.,..., - � . .. •� _{�„ . _..:_' _Ya"'° � `1 1 p�. , .�M�S f� � H'.? ,W' � ') � ��.�w. K�S � �y, � .�� ''a:.x -�.. �. �1. � �%� z 4�� � 7 � n �a`,�C `^'no ¢ -, F c� 1� M � .� :�L - � ; . . ��,. o_ _ .'� rsp -."Y5f4�03f9V3131'JtlLIH3ti1 � I��B:�II L �I�:.�z _ ._,.a.,�.a Y�.•'y p.a� [ y` � `�:. � A T ?A � y y� •. � � , r+s. , � -_ :5�:#�,�i'�k?� � N I U G o_ m � ¢ m .� S-7 0 � n � � y � t 11' 4� y N L . ` G � U f k"v2"., ,'. _ . ;__ . _ '_.' -- `' .. 1 I'�I.ig� -- � . .._ .=� d$/� =�^era do areva� =��sziw ar�; e..^.c�_. � _ "�; �l; % . � 0 m G Z 7 O Y (J } pfy Q d d � W : � -- N. �� J .Y' � rtr� _ J �1 Q _ - _ _ t e.aas :o . �- � . .. .'N'" {�g� . .. .n.. - .c.> _..1 :.�113j�i � f��5fd _O MrV l l�tlL W iHt Im.en.m....-,:e�-:.. .. . I •--I(, - _ DJ.� /,I- ' _ � M - d-a : i �'�M. �' � �1 �� f�'�k ' � t z � 1 �' � '' 1 � :. �-.,..�. • i � �� ,-»-� ��"� �� � `{yq �1� � - w �F1,.; , �,� ��= _ 'k�- 's.'Su- ��4 ' ^ '_'�z'J�- Y M � x :' .r' Y. ¢ "'�.4 n au ti i' aa iiI a� �'fl� >; , i� "L' �U �1, �� _m - . . > ,,,,., ,,,.. -�`� ISNI a^cre^c _o a�ev_� a��vau: _w .. , � ' �� 1 �\,\ �,r�, ,�- _'T� ' N � ' M . i i � .i I��.)t�/ � I J 1 _L LL EXHIBIT C EXISTING VETERANS MEMORIAL PARK BALLFIELDS AND AMENITIES IN MIRACLE LEAGUE COMPLEX AREA 33 KF 4 �d ���� �qp��y m •. X` ,. ._ �"�.�: IOI� � d0 b Ob2 _..L i� � , y v- - 3 S , _'� ' - a =< Z = . � � , f i.' L � ., � � �.---_.— � -- �R�, . I � � � • � �1 � � w � — � = , t - � '� � m '���� � ._ 1 r." � = n, ��� -� F �� '. �. �.e. . �6' �.'. ` i ���� @ �._. � r� �- ; u r i� t EXHIBIT D CONSTRUCTION EASEMENT AREA 35 � _ . - — i - - , __- � ,�±�� �. .:�-�usw 3��� �o e , _;;:�w 3�� s . , �� � :; - _ �,�' � ; �� Ui hWu O¢S !�L � } l7 J•�G m .... f _,.. i.. .. .. . ..\ ... _ � r � r. ` � � m� � � �� .� iNw¢ � Cu0 I � -- _�J �y �� Ca J JJ I i 1. G,J. �y J b;p J �'�, � � y — I f�L U .ra^ x i =— ..�:' .' .a.:.i. i � . _.. . ==` YSW ..Erc <c v � :-ova�.+ �-�. ii i�iR�$� . �1; %� `= - = y ; ; ., �; . 1 . ' � �.� (_ i . j � e l ' j' . �i �' � � _,�;� ' '��� ��� _z � jo i �u + ;� � a ' o,�o , � ._ . ,�: .' � o o �8 (� , � "�' �'i r�N'oN � �$ i � I I � �.� �a�iix �o _�- o I . � , . I � — Y�f ��1 ����' � � � f ' �J �, c�li�"s I o m � ' ��^ �- . . \__� 7 y� �� !F �,� : � 'I ,._ �—*� _..� , z� �. , � � a:, � � � ��l_,,, , � � _ , � , � . ` �` �, - - � 1 , � w E. ' t :j%'t` ' / ' z � a L� a �) � �� a � J A- J 3�i Q ��. W � O EXHIBIT E DEDICATED LEASED AREA 38 �.� �-,, � _�— vsw � � ,� �, , ,o ,I ,i �.y �.N:..`�.... _._ �-���_� t� =�daw �-_ �.,.�aP �_� � J' % J �' - y. � ! � i., / S , i y 1 , � �Y � � ��}, . ZS T'f 10 b � . .. If�. � 1 � �t . I • �� tO � /iq I�� � l ��coQ � r 17 — ° � r I c s� ., , — — � �' ���"��'/ � �— —i I� I' -�o- ' � � ; m , � io � � � � i P_ _ ,� � �t gJwi �O . .. ����. 1 � �� � i� � _ . . �,. .�,�-;B a% � �;. i--� . -„ '���.-7_ . � � 1 i y _ � i i � . , ' • S i'• a . .�..ji�.� � '�� _ . _ 2 -�`�' Q L�J a �� � � a a � J {h fQ �� , W � � EXHIBIT F INSURANCE SCHEDULE F FOR CONSTRUCTION AND FUNDRAISING PHASE ao City of Dubuque Insurance Requirements for General,Arcisan or Trade Conhactors, Sub<onhacrors o�SubSubmn[ractors INSURANCESCHEDULEF C1a55 F ASCesms°emoval FlberOptics Sani�ary5ewers AsphaltPavinq Fire Pmtecuon S�eet Metal Corwrsla Fireprxfing Srte UliliOes ConstmcticnManaSe:s GereralConlracrors SM1onng Crenes HVAC S(.eoial cooslmctian Cuive�ts Mec�anlcal Steel Dxking Pavirg 3 Surtacing Slorm sewers Demoiifion Giles&Caissons ShccNra15teel DeconsVuctoe PlumCm9 Tra�ls Eatl�work Felaining Walls Tunneling ElacVical P,alnforcement Watermain Elevators Rcofirg Cisss e ChemlcalSpraymg Mawnry Tar.kCoabrg Doors,Wmtlaw& VaM1ioular 5naw Removal Tree Rertwvsl Glazing ParntingBWailCoverir.g TreeTrimming Dryweli5ys[ems PestGonirol Tuckpolnting Fe�ili3erApplication Scaffolcirg wateryroofirg Geotech Hor.ng SiCewalks N/ell Cnlhng Insulatian Plastanng FinishCarpentry RoughCarpentry lantlswping StumpGrintling f.IdSSC' Carpet Cleanng Gene2l Cleaning Prnver Washing Carpet 8 ResA�zrn Grass Culting Tile 8 Terraso Flooriog Flcorir.g Jani[ona� Wntlow Washing CaulPorg3Sealan[s NonVehialar5ruwd AcouS��l Ceiling Ice R2rtqval FillerCleam.^g OtticeFurrishngs Page 1 of 6 Schedule F,Gereral,Artisan or Tratle Conhactcrs,Sutcor,lractors or Sub SuCrorprac[ers July 201] 41 City of Dubuque Insurance RequiremenK for Geneml,Artisan or TraJe Contrac[ors, Subcon[ra<tors or Sub Subconhactors INSURANCE SCHEDULE F (continued) 1 Con[ractarsM1allfumisnasgnedcer.^.fcataofmsveanaeto�hetle�.e.'imentresp�nsiblefortFe con¢ac!for Ue ccveraSe reGurtea m Ex�ittl I priar to mmme�ing viork antl at Ihe enC of the pro�ec[i(Nelermotworkls!cngerlhan60days Ccntrac�orspeserimgannualr,ertilicalesshail presentawrtiYio9teatihee[tlo(eachpm�echviNiM1eiinalbrlllr,y. EacM1cetlihcatBshall0e przcared en t[e mos!current ACORO farm aoprwed by t�e lo�oa CeFartmenl ot insuranw or an equivaient appmvetl Cy Ire Pmance Dlrector.tne oertilicate mus�Gearly+rWica�alhe prolecl mimCer,{xojeot name,or project tlescripoon fo�whmF A is beiqq pmviCetl Eg�. Project k Pmjed name or Pro�ed Loca�ion at or cons�mction of 2. PllpoliciesoflnsurancereGwretlhereuccersnailbewithanmsurerauthoriEetlmtloM:snessin lovia antl all Insurers shall�avz a ratlny cf A or bel[er in IM1e mrrer.t A.hl. Eesl's RaLnq GuirJe. S. EachCeCifKalereGwretlshallCefumishetl[ofie �e�a�men;oft�eCllyof Dubaque 4. PaiWre to prw�Ce IFQ coverages CescuCetl In I�is Iesurarce SCCeticle shall notbe Ceemetl a viaiveroflhesere�WremenlsbytheClryofDubiGue. FaiWreNobtainormairlain[herequired msurence shall Ce mreiCerztl a mat=eial Oreach of Nis con[raot. 5. Con[rector shall require all subcon�motors and sutrsubconVactors ro obbin an0 malnlain tlu�ing (ha Fartor;nenoe of work lowrance for ihe mverages tlemribetl;n iM1is Insurence Schetlule and Shdll obWin ce�Lkdtes of msu�ance fmn all suoh subconhac�o5 a�[1 sub�suCconhac�ors. ConVactor a9reas tna[it shall be liable for 1Fa failure of a wbCon:raC.or antl suosubconVac:or b eDlain ar.d maintaln such covemge The Qly may reCuest a copy of sccM1 ceRificates fmm;he Conl(dcbt. 6. HII requly d endorsemen5lo varlaus pollcies s�all Ee atlacM1etl to V`e ceM1ificett of Insurence ]. Wfienever an ISObrm 5 referencetl the cvrrenl etlition must be poviCetl. 8. Con[ractor s�all ce requi:etl to carry the mimmumcoveragellimit.or grea:er If requiretl by law or olhe�leqal ayr:e-ienl, m ExM1iCit I-Insurarce Schetluk F. IRte mntraciors limits of liaoibq are higCer ihan V:e requirec minimum limii Inen L'e contractofs Ilmils shall be ihis agreemenPs mquiretl limits Pa5e2oi6 SchetluleF,GPneral,ArtisdnorTra�eCCMraclers.5ubconlractorsotSubSubconVac:ors Ju1y201I 42 City of Dubuque Insuran<e RequiremenK(or General,Artisan or Trade ConhaRors, Subcon[ra<tors or Sub Subconhac[ors INSURANCE SCHEDULE F (continued) EXHI81T1 A) COMMERCIAL GENERAL LIA8ILITY Gecemlqqqrega�aLimR $2,0OO,OCO ProtluctsComplaretlOperafioosAg9regeteLimit 52.000,000 Personal ar:d NCaeNsng In�ury Gmtl St.000,000 Each Cccurtence S1,OGOpCO Fre Damage Limd(any one occurtence) y50,000 Medical Payrcer%s 3q000 �) GwerageshallCevrtAtenonanoccuverpe,no�cleinemetle,tortn.Thegeneral liacihry coveraye shall�e writien in acmrd wifh i50 focm CG�OLt or cusiness owners lorm EPGW2. r111 tleviaLces from Ihe stantlartl ISO mmmerciai yeaeral liabilly form CG C001 or W siness avners iorm BP 0002 sball be cleady itlenvrled. 2) ISNc'elSOentloSementiormCG2504"DesignaxdLooation(s)Oeneral Agg�egate Limi[or CG 25 OJ 'Oesigr�stetl Consimc6on Pmject(s)General Aggregate Limit'as aF.^ropdate 3) Inclu[e ar�orszmeni InCicatir.glhalcoverage Is Frimery antl norveomnburory_ 4) IncluCePreserva(ionofGwemmentallmmunitiesEnCorsement (Sample anachetl�. 5) IccluCe an enCorsemenl;nal tleietes any lellovi employee excWsion 6) Ir¢IUCeatlCiconalmsuretlentlore¢enticr. T�P Gity of�ub�que Inclutlirig a11 ps eleu�edentl appoin�etl ofTcials,all ds emFloyees antl voluniexs,all�is Wartls.commissions arAlor ao!r.orilies aM theuCcartl memCers.employees antl voNnteers.Use ISOformCG 2010 (Ongo�ng operaliors). ]) TheaCCilionallnsure�enCorsemer.lspalli�'utlecompletetloperarors�ntler I�0 form CG 203]duYing Ihe proleat term aM lor a Ferlop of Mo yes�s aRer�he campletion o`�Fe project. 8) PolicysTa'�Ii�cluCeWarvero(Riy�[[oRNoverfmmOtherserdoRemenL B) WORKERS'COMPENSATION&EMPLOYERSLIABILITY S�andury Benefi6 mvering all employees injureJ on Ihe job by accitlent or Cisease as preunCetl by lowa Cetle GM1aptar85 CoverapeA StaWtory��eteo(lowa Cwerage6 EmpoyersLfebilt(y EachAc<itlent 5100,000 EachEmployee�Disease 5100,000 GolicyGmit-0isease SSC0,000 Po6cy shall lriclude Warver ot ftig�t to Recover from Others eotlorsertreN Coverage 9limi�s snall Ce greater if reqvired a/iM1e umCrellalexctss Insurer Plonelection o(Workers Compenuiion or Employers Liadlity Coverege untler lowa Codesec-8]22 _yes _Portnatlacnetl Page3�fG Schetlule.',Gereral,ARisanorTratleCairtractors. 5ubconVaclorsorSubSUCmnUactors Ju1y201] 43 Ciry of puhuque Ireurance Requiremenis for Geneml,Artisan or TmEe Contractors, Subconhactors o�Sub Subcont�dctors INSURANCE SCHEDULE F (continued) G� AUTOM081LELIABILITY ComCinetl9rgleLinit 51.CC0,000 �) UMBRELWE%CESSLIA8ILITY Unbrella IieUtliry cover�ge rtwst be at leasl followi�g form wilh tlie underlying poiicies IncluCetl nereln All Glass A cemrac:ors'r+iLh convact values in excess of St0,00O3000 mus�have umbrella,'excess IizCilY,y coverage of 510 0 W,OCO All Class A entl Cla�s B conlfeCroS witM1 conVdct valu¢6 beNiezn SSCO 000 drd 510 GOC.000 mus�oave umbella.�excess IiaCiliC�wverage of 53p00,000 Ail Qxs's A antl B conVaclors wiN cuntrad values iess ihn 95CO,CCO must have umbrellalexcer liabtliry cweroge af 51.000,000. All Glass G conhactort are nol required Io�ava umbrelle/excess IiabAity covereye Ail wMrectors pedorming eatlh work mus��ave a mimmum e(53.000 CCO umbrella regardless oi tCe mrlract veloe. E) ENVIRONMENTALIMPAIRMENTLIABILITYORPOLWTIONLIABILITY CoveragerequireQ _yes _no Poliv[ion IiaGliry coveraSe sCali Oe reqwreC i(pralect imolves arty poli�Aion exposure for M1eearticus or contemina;etl materials IncNtling,Wt not limitetl[o,iM1e removsl of lead, asLes;os orPCBs POIN[:onpoduc[anticomFleteoGeratiocscweregeshal�al:obe covered EachOcmrterse 5'_CCA,OCO Palicy Aggregate Sa�.pp,000 1) Pelicy lo IncWtle p�emises antl hansWrtation cowraSe. 2) incNtleatltlicionalmsuretlfor' TGe Gity of DubL�ue, inclutlrtg all its eleRatl antl dp(Aintetl officials,all I�s em�loy=esantivolW[ze5 aIIRSMartls.commissocsardlor3utnoritiesantl their CoarC memt�rs,employees and volun[eers.Use ISOtorm CG 2010. (Ofgaing oFe:af.ons)a=5ta[ad In A(6)aoove 3) IxluCe Preservalion of Govemmental Imnunilies EnOorsemerR �11 Pmvideevi0enceofroverage(or5yearsaftercompietionofpmject Fage 4 oi G ScheCule F,Gereral,Amsan or Tratle Conttactors,Subconvactors or SubSuCmnlracrors July 2G1] 44 City ot Dubuque Insurance Requirements fo�General,Artisan or TraGe Con[ractors, SubconHactoro or Sub Subcaihactors WSURANCE SCHEDULE F (continued) F) RAILROADPROTEGT�VELIABILITY Cove25erequiretl__yes _nc Any conhact tor wns[motion or tlemaii�ion work an orwithm f�R��het(0')(rom itz eCgo of ISe tracks of a raJmad or elfectirKj afry railmatl britlse or V=s,le,Gacks.roatlCetls. tunnel, unCercass,cr cmss'�ng lor wl�.ic�an easemerR on c�ense or intlenmfmat:on o(t�e railmatl Is raqwred.shail reqoire aviCence of the following aCtlt[ional coveeages Raiimaa Pmtearve Liabiery�. 5 eachocwrrence(perlimitsreGwreOtyRaAmatl) 5 p�licyaggregate(perllmitsreqwretlbyRallroatlj Oft An entlorsement ro Ne Cammercial Gerzral Liability pohcy equai!o I50 CG 24�i (ContredualLlaClliry-Raliroatls). Acopyof(nisentlorsememshallbeattaohetlto�he cetliticatz of irsurar�e Pase 5 af 6 SCM1etlule F,General,Ahisan or Tratle COn�rac�ors,Sutzorhacto5 or Sub SUCmnlractors July 201I 4$ City of�ubuque Insurance Requiremenis for General,Nrtisan or Tratle Gonhac[ors, Snbcontractors or Sub Subconhacbrs PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT � N9nwa�yecsLGnvemrtle�tsfJinmutib-Thelnsurerex„vesslyayrersentlsta�esll�zllFepumhase oi this p�hcy aM�M1e:nd Wirg of Ite City ot DUCuque_lo�va as an NCtlRional Insuretl tloes not waive arry of�he tlzfanses of gcvemmental Imnurnry available lo Ihe CI[y of DUCcque lowa unCer Cctle o!Iw.a Sectlon`oiv 4 as�.1 is no�a eks[s and as 11 may be amentlea fmm Lrtre ro Lme. 2 G'aims_Coye;age_Tne insurer furtM1er agrees tFat this policy of insurance shail cover only�Mse claiCS rot sable-�to Ihe tle(awe of govemment�l immoniry untler Ipe CoCe ol lorra SecLon 6]04 as it rqw exis5 antl as II may be amentletl hon timt lo time.Thou clains notsub�ect to COCe o(lowa SPGLIp0704 Shall bB COVB(ed Cv I�B�2R115 dll(�G00(flll0l5 0�lbl6 NSOId(iG2 WIICY 3 NssertienofGovernmen[}mmuniryTheCiryotCuMque. lavashaCCeresWnsi:Ae:orassertug any aelense of govemmental Imrtwnity,antl mxy tlo so a[any�ime antl snall tlo so upon the Lmely wrCen reques�of ine Insurer. 4 Ncn�Ceni@:of Ccverare Tne insurer s�zll not tleny covera5e or.�er,his policy arW�he insurer s�all not tleny any o�ihe oght5 antl Cenetits acemine to(he Ciry o(Dubuque. lowa uMer I�is pplwy for reasons of govemmenlal Immumty unless antl urrtil e couf,of comrzten�judsQoltoo nas mletl In favorof iM1e tletense(s)of yovemmentai�mmuniD�assertetl Oy L^e C��y of OubuGi.e, lowa No Otter CM1erge in Pohcy.The a0ova proserva[�on of govemmeotal rtrmumtres shall ra�cthe�wiso cl'a."ge cr a'ler Ne coveeaqt aveilable ontltr�he policy SPECIMEN ��EPARTMENTNLINAGER: FILLINALLBLANKSANDLHELKBOXES) FaSe 6 af 6 Schetlule F.Geneial,Artisan or Tratlz Conhactors,Satcon[ractors or Sub SubmntraGors July 201 i 46 EXHIBIT G INSURANCE SCHEDULE A FOR LEASE PHASE a7 Clty of Dubuque Insv�ance Reqairemenls br Lessees of Ci[/P�operty antl RIgM1t of Way Licensees or Permitlees INSURANCE SCHEDULE A , snailfumishasgnedceRiM1wteofi�surerceb(heCiryofDubuque,lowe for.M1e ooverage reqwretl m ExM1lbrt I pior to Ite lease,Ilcarrsa or permil commenoemen[All lesxes ol City pro?eM ao.a r4�cpt of vvay Lcersees or permi[ees shall su�mi[an up[faletl cartifiaate annually. EacM1 certdmate shall Oa pr=pared on Ihe most wrrent ACORD fo:m appovetl by t�e lowa msorame Crvision or an equlva�enL Eech ceMmata shall IncWCe a statement untler Description ol Operauoris as ro wM1y�P oeR4bate wasissuetl.Eg� Projed N_or iease of premisese� orconst.cMnof orrigMoiwaypermitlztl location ana tlescriplion 2. QII(X1110E60�IO6GfdOGElBGWlBdhBIW�BfShdIICPWiII1d0105U(Bf3U�h01122(1�OCObU510P6610 lona intl all Insurers stlall nave a ratinq cf A or better in!he current A�N.Basl s Patiog Guide 3 EaohceNlcateshalibefumishztltoRe �eFarimen[of[M1eGityofOOCuque 9 Tne iessae.ecensee or permitlee snali Ce reqwretl;o cam�iM minimum mveraSel�imhs,or grealer S reqciretl by law or otM1er leyal agrserrznt, in EVM1ibd I.Failure:o pmhtle[Ce:equiretl mmimum coverage shali not Ce tleenetl a vamer of SucM1 reGuiramerds by t�e City of Dubuque. 5 FaiWretoobia:no�meintainlhereqaireainsuranceshallbeconsitleretlamalerlalbreachofthe lease, lmense_arpermit 6. Hllrequire0ectlorsementss?aliceatlacretltoceRif�,w!e. ] VMenever a spem�ic ISO form�s referer�ced tne curtert etlltion ol ihe[orm m�s[Ce used unless an equrvalent form Is appmved by Ihe Finance Duzeto� The lessee. Ilcensee or parmittee must itleolih�and list in writing all CevlaEors antl axclusions tram ihe I50 form. 8. IF lesset's,Ilcen6e2's,or perm�lte='s Ilmils of liabllity are hlgM1er Run ihe requlretl mirnmum limi5 t�en Vte lessee's,Ilcensea's.or permittee's Ilmits shall be tl�is agre=menf s eeqwred limits. 9. Lessee. iicensee.or permi�[ee shall reGuire all s;bccnlactors antl sub�suCcentractors[o cOtam an0 malrAam tlunrg;!re peRormance of work Insorance for the coverages tlescobed in[nis Insuance Sepedwe 9ntl shali o0tain cef.Jlcates of insurarIDe!mm a�l such sutconVeclors afi9 s�trsubcenlrac[crs.Lessee,licensee,or permitlee agrees tha(it shall be liable for ihe faJure of a suCconVacbr ar.a sub-suOmnVacmr lo ob�ain antl main[ain sucn coverage.Tne Qry ma9 requesl a copy o!suoh cerSlicates from lhs lessee. lice�5ee,or permit�ee Page 1 of 4 S:heauie A Lewees OI Ciry Prcperry RigntOf Way Licenues or Permdlexs July 201 i 48 Cityof�ubuque Insurance Requirements(or Lessees of City Property and Righ�of Way Lirensees or Permittees INSURANCE SCHEDULE A (Continued) EXNIBIT I A) COMMERCIALGENERALLIABILITY General Aggr^yate Limit S2.000,000 Pradvcfs-0ompietetlO�rationsA9gregateLimit S1p�,000 PersorslantlAWertisingin)uryLlmit 51,C00,000 EacM1 O¢urrerrce 51 COO,OGO FireDamageLimit(anyoneocc�rrence) 550,000 Metlical Payments S�OCO 1) Coverage shall Ce wnf.en on an occurrer�ce,no:claims metle form The general liabihry coverage shail Ce wnL'en in acwra w¢h;SO form CGC001 or busness owne!sformBPC002. AlldeviationsRomthesiaMartllSOcommercialgeneral liabi:ity forn CG C001.or 8asiness owcers form 8P OCC2,snall Se clearly itlentifietl. 2) Inclutlz ISO xntlorsenen�form CG 25 OA'Designa�etl Location(s)Geneiai Aggregzte Lim�C' 3) IncNCee^dorsemenlmtlicatingtha[coverageisprimaryandnon-mMriCutory. 4) Ircluee Preservalion of Gevemmental Immunities Endorsemenl(Sample attachea� 5) InGUAeanentloreemanl�hatdeletesanyfelloviemployeeezclusion 6) IncluCtaCditionalmsureCeriCorsemenlPon The Ci�y of Ou�uque.irclutliqq all Is electatl an0 appvinte0 oficials,all iYs employees antl vob.rlexrs,a:l I�s Caa[Cs,oommissions artl/or euthorilies antl IM1eir Coartl memCers,empioyees antl volonteers.Use I50 form CG 2G 10 (Onqoing operations)or its equivalent. ]) If lessee, licerste,or permiCee utilizes Trikkxs or Se�ays in the contlu^tof Cusiness. inclatle an entlorsement re�ecti�IM1at Vi25e vehicles are not excluC¢d fmm Commeraal General Gaol�iry coverage B� WORKERS'COMPENSATION 8 EMPLOYERS LIABILITY Statutory benefi�covenng all employaes injured on IFe job by acutlent or Qsease as preScriCetl by lowa Cotle Chapter&5 as amendetl. Coverage H SlaNlory—State cf lowa Coverage B Employe�s LiadliD� EauhACCtlent 5100,000 EachEmpbyee-�isease 3100,000 PolicyLimlbDisease SWOOCO Policy shall mcluCeWarver of Rigl'd to Recover irom G[�ers erqorsement. Na�lectlon of Workers'Compertsalion or Employers'Liebihty Coverage�ntler lowa Coc'e sec.SZ22 _yes _fortn anacnea Page 2 of 4 SCM1etlule P Lessees q City Prcpe�y,PoS�t Of Way Licenues or Permittees July 201] 49 CLLy of Dubuque Insurance Requiremen[s for Leszees of Ciry Pmperty antl Righ[of Way Licensees or Permittees INSURANCE SCHEDULE A (Continued) C� ENVIRONMENTALIMPNIRMENTLIABILITYORPOLIUTIONLIABILITY Coverage requirad� _yes _no PolWtion ImbJtty coveraga sM1all ce requiretl iY�l�e lessee,coniraNmq pa:ty,or permittee Ius any pollulior.ex�Zsure for atalement oF OazarCous cr conlaminated malerials mcluCiig,Ivn nol limited to.petmieum pretl�c[s tpe rert'aval of lea�,asbestos,or PCBs Pollution FrcCud antl romple!e�operaticns mverage shall also be cavered. cacM1 ocwrrerce S2,GOC 000 PolicyAggregate Sn.000,000 t) Policytoincl�Cepremisesantlhans;nRationcoverage 2) I�wluCeaCtliUonalirsuretl(or The City of Ducuque.ind Umg all Its electetl entl appoin[ed aificiels,all its employ=es and volvnteers,all Its MarCs.commiesions aM/or aWhonlies ana their boar0 memoers employeas ar.a voluMeers. Usa ISO form CG 20 ID (Ciyoing operahors;as s;a!etl in A(6)atove 3) incloCe Preserva�ion of Goveremental immunAies EnCorsemen[. 4J Provide evidence ot coverage for 5}reare afler completion of pro�ect. 0� PROPERTY INSURANCE REpUiRE�BY LEASE,LIGENSE,OR PERMIT _Y�s _na EviCence of pmpeR�covera5e provitletl�. _yes Inclutletl Ine CM1y of Dubuque as LeMer Loss PayaCle. E� ftIGHTAF-WAY WORK ONLV: UMBRELLAIEXCE55 S1p00,000 _yes _no UmbrzllNexcess habiLN�over39e musi be at least fcllowing form wiLh the untlerlying p�licres ir�cludetl M1erein. Page 3 of 9 Schetlule A Lessees CI Qty Preperty Right OF Way�censees or FermRlees JWy 201] $� Gity ot Dubuque Insuran<e Requirements for Lessees of Cdy Property and Right o(Way Li<ensen or Pertnittees PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT 1 Norn+alverofGoverrrr�,enlallmmunit, Theinsurerexpresslyag2esantlstatesl�allhepurcFase of[his ro6cy e�N ihe inclu0ing of N�e Gity of Dubuque.lowa as an AdaiOoral Insuretl tloas ro[warve any of Ihe tlefeeses of govemnental Immunity available lolF.e Clly o'�ubuque, Iwia urCer Cotle of lowa Seo[ion 8�0 4 as R rs now exs[e antl as It may Ce amended trom ome to Ume. 2. CiainsCoveraee.T�eins�r>riurtheragreestM1a[iM1ispolmyoiinsuranceshancoveronlythese olaims no�suLyect ro Iha defense o!govemrtren�al immunity untler iM1e Cotle of Isve SeoHon 6]0 4 as il �row exisis anC as i[may te art'entled Imm time lo time.Ttqse:laims not subject lo Code o!lawa Secbon 6]0 4 snail�e covered Cy tM1e terms an0 mnditmns of�his msurance poli�y 3. Asse¢wn ofGovernmen�ImmuniN The CiN of Oubvque. Icwa shall be res�nsicle for asserOryg any tle�erse of govemmental immuniU�.antl may tlo so a[arry time ard shal�Co so upon Ihe timely vmL•en reGues[of Ihe insvrer 4. P;crvCeriaiciCoverane The'msurerehalinotaenycoverayeunCertM1ispoliryaNthelnsorer s�a�i mt tler�zr.y of the cgM1[s artl benef�is accruing b!he City c/DubuGue lowa under[his�licy for ressons of governme�tal I�nunly unless aiM until a couR of comFetzn!juris�IcHon�as:uled in Ydvor of the tlefense(s)of 5overnmentai immunip�asserte0 by t�.e Qry of�ubuque, Iwia D1nO�herCFaecelnP�iiv: Th=aCovepr=servationo(governmentallmmunitiesshallnolct^erwise oFaqqe or al[er the cover�ye aveilabie wtlar(he pohcy. SPECIMEN (DEPARTMENT MqNAGER: PILL IN ALL BLANKSAN�CHECK BOXES) Page 4 0l 4 Schetlule A Lessees IX Giry Pmperly.Riy�t Of Way LicerSees or Permittees July 201 i $1