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 �
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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 �
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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 �
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DUB E ���ti����:���
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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.
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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.
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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
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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
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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
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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.
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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.
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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.
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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
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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 .
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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.
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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
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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:
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f. � ;;=-
B)l: r � j �.
Kevin . Firnstahi �
City Clerk
9
JCO Rev. 09/06/18
Exhibit A
Dedicated Area
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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
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I)UBU�U� C�YJNTY '�
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CERTIFICATION OF PUBLICATION �Ij
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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. '�
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Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, !;
this_l/c� day of_(;�,r.,��...1� , 20 �°� • �
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Notary Public in and for Dubuque County, Iowa. �
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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
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_.�.�.�.�.,:�::.-��:��.� _ .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
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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.
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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.
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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
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EXHIBIT A
MIRACLE LEAGUE OF DUBUQUE SITE PLAN
22
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EXHIBIT B
PHASES OF CONSTRUCTION
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EXHIBIT C
EXISTING VETERANS MEMORIAL PARK BALLFIELDS AND AMENITIES
IN MIRACLE LEAGUE COMPLEX AREA
33
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CONSTRUCTION EASEMENT AREA
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EXHIBIT E
DEDICATED LEASED AREA
38
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�.y �.N:..`�.... _._ �-���_� t� =�daw �-_ �.,.�aP �_�
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If�. � 1 � �t . I • ��
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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
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