Tri-State Modelers Lease Agreement 2004
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MEMORANDUM
March 29, 2004
TO:
The Honorable Mayor and City Council Members
FROM:
Michael C. Van Milligen, City Manager
SUBJECT: Lease Agreement with Tri-State Modelers
Leisure Services Manager Gil Spence is recommending City Council approval of a
three-year lease agreement with the Tri-State Modelers for a section of the former
Roosevelt Park.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
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Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Gil D. Spence, Leisure Services Manager
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CITY OF DUBUQUE, IOWA
MEMORANDUM
March 22, 2004
TO: Michael C. Van Milligen, City Manager
FROM: Gil D. Spence, Leisure Services Managet
SUBJECT: Lease Agreement with Tri-state Modelers
INTRODUCTION
The purpose of this memorandum is to recommend that the City Council approve the
attached lease agreement with the Tri-state Modelers for a section of the former
Roosevelt Park and that the Mayor be authorized to sign it.
DISCUSSION
The Tri-state Modelers have used this section of the former Roosevelt Park for a
number of years and have had a formal lease agreement for several years. A three-
year agreement is recommended at this time to allow for the Park Study to be
completed once the design of the Southwest Arterial is finalized. I would anticipate a
long-term agreement being recommended at that time unless the design
recommendation impacts the landing strip. It does not appear that the Southwest
Arterial will impact this area of the property.
Over the years, the Tri-State Modelers have been a good group to work with. They
have a quality operation and provide a good service to the community. This property is
a good location for their activity because they are removed from any neighbors and do
not bother anyone. They have invested a fair amount of money, time and effort into the
landing strip and take great pride in their club.
RECOMMENDATION
I recommend this lease agreement with the Tri-state Modelers be approved by the City
Council.
ACTION STEP
The action step is for the City Council to approve the lease agreement with the Tri-state
Modelers and the Mayor be authorized to sign it.
GDS:et
attachment
LEASE AGREEMENT
THIS LEASE AGREEMENT is entered into on the 5th day of April, 2004, by and
between the City of Dubuque, Iowa, hereinafter referred to as the "City", whose address for
the purpose of this Lease is 2200 Bunker Hill Road, Dubuque, Iowa, and Tri-state
Modelers hereinafter referred to as the "Club", whose address for the purpose of this
Lease is 1695 Mt. Pleasant Street, Dubuque, Iowa, 52001.
WITNESSETH:
WHEREAS, the City is the owner of a public facility known, called and named
Franklin D. Roosevelt Park, hereinafter called the "Park"; and
WHEREAS, the Club desires to lease a section of the Park, shown on Exhibit A,
from the City to fly remote controlled model airplanes; and
WHEREAS, it is deemed to be in the best interest of both parties to this agreement
and to the public in general that the Club lease this area.
NOW, THEREFORE, the parties hereto have mutually agreed as follows:
Section 1, TERM OF LEASE AGREEMENT.
This Lease Agreement shall be for a term of three (3) years, from May 1, 2004,
through April 30, 2007.
Section 2, RENT.
The annual rental of $300.00 shall be paid to the City on or before the 1 st day of
May, 2004, 2005 and 2006.
Section 3, USE OF THE AREA.
The Club agrees that during the life of the Lease Agreement, the area shall be used
exclusively for the flying of remote controlled model airplanes and associated activities.
The area shall not be utilized by any other individuals, groups, organizations or agencies
without prior written permission from the Leisure Services Manager.
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Section 4, GROUNDS AND BUILDING MAINTENANCE.
(a.) The Club shall be responsible for all roadway maintenance from the access
gate to the landing strip, to the level needed for the Club's use.
(b.) The Club shall be responsible for all grounds maintenance and improvements,
including but not limited to grass cutting, walkway, tree, flowerbed, and general grounds
maintenance.
(c.) The Club shall be responsible for all building maintenance and improvements,
including but not limited to interior and exterior building repair and painting, heating system
maintenance, plumbing, electric, roof repair and maintenance, and pest control.
(d.) Any improvements made by the Club shall remain on the leased premises upon
termination of this Lease, and shall then become the property of the City. Any proposed
material improvements or modifications to the leased premises shall be submitted in
writing to the Leisure Services Manager for approval, which approval shall not be
unreasonably withheld.
All improvements made by the Club shall be built, erected and maintained in strict
conformity with all applicable federal, state or municipal statutes and ordinances, and rules
and regulations of the Park and Recreation Commission of the City.
Section 5, UTILITIES AND REFUSE.
The Club shall pay the costs of all utilities serving the area and shall remove all
trash.
Section 6, MANAGEMENT AND CONTROL.
It is agreed and understood that sole management authority and control of the area,
for and within the use stated in Section 3, shall be with the Club.
The Club agrees that all monies and contributions derived from the landing strip
shall be used to operate, maintain, and improve the area.
Section 7, CONTROL AND ACCESS.
The control gate to the main section of the park must be kept locked. After each
club member enters the park, the gate must be locked behind them.
The Club shall provide padlocks for the control gate and distribute keys to its
members. A padlock provided by the City will also be provided to allow access for
City staff. The three piece chain used to secure the gate will be provided by the City.
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The Club members, when using the area, are to proceed directly to the landing strip
and not use the remaining sections of the park, unless to retrieve a downed aircraft.
Special events must have prior approval of the Leisure Services Manager.
Section 8, INSURANCE.
A"
The Club shall provide insurance as required by the attached "Insurance Schedule
Section 9, INDEMNITY.
The Club agrees to indemnify and hold harmless the City from any and all damages
or claims whatsoever, to persons or property, by reason of the Club's use or misuse of the
leased premises.
Section 10, ASSIGNABILITY.
The Club shall not assign or transfer any interest in this Lease Agreement without
prior written approval of the City. Such prohibition includes contracts with third parties for
custody, management or operation of the area.
Section 11, TERMINATION.
In the event either party shall fail to keep, perform and observe in a timely and
proper manner any of its covenants or obligations under this Lease Agreement and any
such violation shall not be cured or remedied within thirty (30) days after the date the party
receives written notice from the other party of such failure or violation (or, if not practicable
to cure or remedy such failure or violation within such thirty-day period, within such longer
period as shall be reasonable under the circumstances, and as shall be specified in such
notice), then, in such event, the other party may, at its option, terminate this Lease
Agreement, by written notice to the other. Upon termination, the City shall have the right to
enter the area of the park and to assume exclusive use and control.
This lease may also be terminated by the City, with sixty (60) days written notice, if
the park is sold or the area is needed for any purpose deemed appropriate by the City.
Upon termination of this Lease Agreement, for any cause whatsoever, the Club, at the
option of the City, agrees to surrender possession of the leased premises in its condition
as when first leased, or to restore the leased premises to substantially the same condition,
ordinary wear and tear excepted.
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Section 12, INSPECTIONS.
The City reserves the right to conduct periodic inspections of the area of the park
for the purpose of determining whether the terms and conditions of this Lease Agreement
are being promptly and faithfully performed by the Club.
Signed in duplicate by the parties hereto.
ATTESTED:
CITY OF DUBUQUE, IOWA
By:
JEANNE F. SCHNEIDER, CITY CLERK
TERRANCE M. DUGGAN, MAYOR
DUBUQUE MODEL AIRPLANE CLUB
By:
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INSURANCE SCHEDULE A
INSURANCE REQUIREMENTS FOR TENANTS AND LESSEES OF CITY PROPERTY
OR VENDORS (SUPPLIERS, SERVICE PROVIDERS) TO THE CITY OF DUBUQUE
1. All policies of insurance required hereunder shall be with an insurer authorized
to do business in Iowa. All insurers shall have a rating of A of better in the
current AM. Best Rating Guide.
2. All policies of insurance shall be endorsed to provide a thirty (30) day advance
notice of cancellation to the City of Dubuque if cancellation is prior to the
expiration date. This endorsement supersedes the standard cancellation
statement on the Certificate of Insurance.
3.
shall furnish a Certificate of Insurance to the City
of Dubuque, Iowa for the coverage required in Paragraph 6 below. Such
certificates shall include copies of the following policy endorsements:
a) Thirty day notice of cancellation to the City of Dubuque.
b) Commercial General Liability policy is primary and non-contributing.
c) Commercial General Liability additional insured endorsement.
d) Governmental Immunity Endorsements.
e) Waiver of recovery under workers compensation.
4. Each certificate shall be submitted to the contracting department of the City of
Dubuque.
5. Failure to provide minimum coverage shall not be deemed a waiver of these
requirements by the City of Dubuque. Failure to obtain or maintain the required
insurance shall be considered a material breach of this agreement.
6. shall be required to carry the following minimum
coveragellimits or greater if required by law or other legal agreement:
a) COMMERCIAL GENERAL LIABILITY
General Aggregate Limit
Products-Completed Operations Aggregate Limit
Personal and Advertising Injury Limit
Each Occurrence Limit
Fire Damage Limit (anyone occurrence)
Medical Payments
$2,000,000
$1,000,000
$1,000,000
$1,000,000
$ 50,000
$ 5,000
This coverage shall be written on an occurrence, not claims made, form
per location. All deviations or exclusions from the standard ISO
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commercial general liability form CG 0001 or Businessowners form BP
0002 shall be clearly identified.
Governmental Immunity Endorsement identical or equivalent to form
attached.
An additional insured endorsement identical or equivalent to ISO Form
CG 2026 or CG 2011 and include as additional insureds: "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."
b) WORKERS' COMPENSATION & EMPLOYERS LIABILITY
Statutory for Coverage A
Employers Liability:
$100,000 each accident
$100,000 each employee-disease
$500,000 policy limit-disease
Policy shall include an endorsement waiving right of recovery
against City of Dubuque.
c) UMBRELLA/EXCESS LIABILITY
LIQUOR OR DRAM SHOP LIABILITY
Coverage to be determined on a case-by-case basis by Finance Director.
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POLICY NUMBER
COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - DESIGNATED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person Or Organization:
The City of Dubuque, including all its elected and appointed officials, all its employees and volunteers, all its
boards, commissions and/or authorities and their board members, employees, and volunteers.
(If no entry appears above, information required to complete this endorsement will be shown in the
Deciarations as applicable to this endorsement)
WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in
the Schedule as an insured but only with respect to liability arising out of your operations or premises owned
by or rented to you.
Copvriqht Insurance Services Office. Inc. 1994
CG20261185
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CITY OF DUBUQUE, IOWA
GOVERNMENTAL IMMUNITIES ENDORSEMENT
1.
Nonwaiver of Governmentallmmunitv. The insurance carrier expressly agrees and
states that the purchase of this policy and the including of the City of Dubuque, Iowa
as an Additional Insured does not waive any of the defenses of governmental
immunity available to'the City of Dubuque, Iowa under Code of Iowa Section 670.4
as it is now exists and as it may be amended from time to time.
2.
Claims Coveraqe. The insurance carrier further agrees that this policy of insurance
shall cover only those claims not subject to the defense of governmental immunity
under the Code of Iowa Section 670.4 as it now exists and as it may be amended
from time to time. Those claims not subject to Code of Iowa Section 670.4 shall be
covered by the terms and conditions of this insurance policy.
3.
Assertion of Government Immunitv. The City of Dubuque, Iowa shall be responsible
for asserting any defense of governmental immunity, and may do so at any time and
shall do so upon the timely written request of the insurance carrier.
4.
Non-Denial of Coveraqe. The insurance carrier shall not deny coverage under this
policy and the insurance carrier shall not deny any of the rights and benefits .
accruing to the City of Dubuque, Iowa under this policy for reasons of governmental
immunity unless and until a court of competent jurisdiction has ruled in favor of the
defense(s) of governmental immunity asserted by the City of Dubuque, Iowa.
No Other Chanqe in Policv. The above preservation of governmental immunities shall
not otherwise change or alter the coverage available under the policy.
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