Water Ski Club Lease
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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
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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.
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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)
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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
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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:
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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
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.
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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
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
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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.
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