Loading...
Water Ski Club Lease D~ ~c/k-~ MEMORANDUM April 13, 2004 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Lease with Dubuque Water Ski Club Leisure Services Manager Gil Spence is recommending City Council approval of a three-year lease with the Dubuque Water Ski Club. Over the years issues such as camper and boat storage, ground maintenance, club activities and appearance of the area have come up. This new lease addresses all those areas and creates a better communication system between the City and the Club. Park Division staff will assist with trash removal and grass cutting and collect the fees for campers on the site. Rent is increasing from $100 to $500 per year. I concur with the recommendation and respectfully request Mayor and City Council approval. MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Gil D. Spence, Leisure Services Manager 0 --0 -"" ::; :;OJ ~ ,. -'~ »~ 1:6 .. '-'", <.D CITY OF DUBUQUE, IOWA MEMORANDUM April 12,2004 TO: Michael C. Van Milligen, City Manager FROM: Gil D. Spence, Leisure Services Managet SUBJECT: Lease with Dubuque Water Ski Club INTRODUCTION The purpose of this memorandum is to request City Council approval of the attached lease with the Dubuque Water Ski Club. DISCUSSION The Dubuque Water Ski Club has leased approximately five acres of Schmitt Island for a number of years to operate their club activities out of. This lease was issued through the Public Works Department. This lease will be issued through the Leisure Services Department and the leased area be added to Miller-Riverview Park. Park Division staff will supervise the Club's operation and make sure the lease is being followed. Over the years, issues such as camper and boat storage, ground maintenance, club activities, and appearance of the area have come up. This new lease addresses all those areas and creates a better communication system between the City and the Club. Park Division staff will assist with trash removal and grass cutting and collect the fees for campers on the site. Rent is increasing from $100 to $500 per year. The Club has reviewed and approved this lease and is excited to have this fresh start with the City. ACTION STEP The action requested is that the City Council approve the attached lease with the Dubuque Water Ski Club. GDS:et attachment LEASE AGREEMENT THIS LEASE AGREEMENT is entered into on the 19th 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 Dubuque Water Ski Club hereinafter referred to as the "Club", whose address for the purpose of this Lease is 702 Carriage Hill Drive, Dubuque, Iowa, 52003. WITNESSETH: WHEREAS, the City is the owner of a public facility known, called and named Miller- Riverview 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 operate a water ski club; 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 $500.00 shall be paid to the City on or before the 1st 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 recreational and conservational purposes and associated activities. The area shall not be utilized by any other individuals, groups, organizations or agencies without prior written permission from the City's Leisure Services Manager. page1of8 Section 4, GROUNDS AND BUILDING MAINTENANCE. (a.) The Club shall be responsible for all roadway maintenance from the access point from the Dubuque Greyhound Park and Casino parking lot, 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 walkway, tree, flowerbed, and general grounds maintenance. The City shall mow the grass in the agreed to area, but the Club will trim around all trees, buildings, campers, boats, et cetera. (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 City's Leisure Services Manager for approval, which approval shall not be unreasonably withheld. (e) 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. The City shall remove the trash on Mondays and Fridays, Memorial Day through Labor Day. 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 lease shall be used to operate, maintain, and improve the area. Section 7, CONTROL AND ACCESS. (a) The Club may control the general public's access to the leased area to best suit their purposes. The Club shall insure the following: (i.) No overnight camping except by Club members that have paid the per night (non-electric) camping fee through the Manager of Miller-Riverview Park. Camper(s) page2of8 are limited to a stay of no longer than fourteen (14) consecutive days. At the end of a fourteen-day stay, the camper(s) must leave for at least a five-day period. Six camping units will be the maximum number of camping units allowed on site at one time. All camping units must be in the same location, that location being agreed to by the Club and City. (ii.) Overnight parking of boats is restricted to competition type ski boats and two work boats between Memorial Day and Labor Day. Six competition type ski boats will be the maximum number allowed on site at one time. All boats must be in the same location, that location agreed to by the Club and City. (iiL) Police the Leased Premises to assure no vehicles, other than City authorized vehicles, are allowed access to the wetland area; (b.) The Club further agrees not to dump any trash or sweepings, or other waste material, in the channel along the Leased Premises, or on the banks thereof in such a manner that the same may readily be washed into the channel. The Club shall allow access for utility service installations, subject to approval by the City. The Club's water system shall be tested by the City Health Services Manager at the request of The Club or the City, and a certificate of testing shall be filed with the City's Leisure Services Manager. (c) Any rights granted to the Club are further subject to the prior right of the City; or its authorized agents or contractors to enter upon the premises to carry on any work or activity necessary in connection with the construction of flood control works or devices, or the clearing of obstructions in the Peosta Channel; (d) The Club shall not use the leased premises for commercial purposes, exceptfor such purposes only which as are related to the Dubuque Water Ski Club designated sport of waterskiing. Commercial uses of the premises shall be prohibited except at special water show events sponsored by the Dubuque Water Ski Club, but only upon prior written notification to and approval by the City with such appropriate additional insurance coverage as may be required by City. (e) 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. (f) Any special events on the leased premises must have prior approval of the City's Leisure Services Manager and a special event permit as required by the City. Section 8, INSURANCE. A." The Club shall provide insurance as required by the attached "Insurance Schedule page30f8 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 leased premises and to assume exclusive use and control. This lease may also be terminated by the City, with sixty (60) days written notice, if the leased area 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. Section 12, INSPECTIONS. The City reserves the right to conduct periodic inspections ofthe area ofthe 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 JEANNE F. SCHNEIDER, CITY CLERK By: TERRANCE M. DUGGAN, MAYOR DUBUQUE WATER SKI CLUB By: page 4 of 8 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 coverage/limits or greater if required by law or other legal agreement: a) COMMERCIAL GENERAL LIABILITY General Aggregate Limit Products-Completed Operations Aggregate Limit Personal and Advertising Injury Limit Each Occurrence Limit Fire Damage Limit (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 commercial general liability form CG 0001 or Businessowners form BP 0002 shall be clearly identified. Governmental Immunity Endorsement identical or equivalent to form attached. page50f8 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. page 6 of 8 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 Declarations 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. CoPvriaht. Insurance Services Office. Inc. 1994 CG 20 2611 85 page7of8 CITY OF DUBUQUE, IOWA GOVERNMENTAL IMMUNITIES ENDORSEMENT 1. Nonwaiver of Governmental Immunity. The insurance carrier expressly agrees and states that the purchase of this policy and the including of the City of Dubuque, Iowa as an Additional Insured does not waive any of the defenses of governmental immunity available to the City of Dubuque, Iowa under Code of Iowa Section 670.4 as it is now exists and as it may be amended from time to time. 2. Claims 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 Immunity. The City of Dubuque, Iowa shall be responsible for asserting any defense of governmental immunity, and may do so at any time and shall do so upon the timely written request of the insurance carrier. 4. Non-Denial of 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 Policy. The above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy. page8of8