Hillcrest Family Services_Parking AgreementMasterpiece on the Mississippi
Dubuque
hitil
AN- nmedcaCity
IV
2007
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Parking License Agreement with Hillcrest Family Services for 30 Parking
Spaces in Flora Park
DATE: August 31, 2011
Leisure Services Manager Marie Ware is recommending approval of the continuation of
the Parking License Agreement with Hillcrest Family Services, Inc.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Marie Ware, Leisure Services Manager
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: Marie L. Ware, Leisure Services Manager ; m
SUBJECT: Parking License Agreement with Hillcrest Family Services
for 30 Parking Spaces in Flora Park
DATE: August 30, 2011
INTRODUCTION
Dubuque
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Al-America City
iiIll!
2007
The purpose of this memorandum is to request City Council approval of the Parking
License Agreement with Hillcrest Family Services, Inc. for thirty parking spaces in the
Wilbright Lane parking lot in Flora Park.
DISCUSSION
This is the third agreement with Hillcrest Family Services for use of thirty parking spaces
in the Wilbright Lane parking lot in Flora Park. When Hillcrest started an on -site
educational program, parking for school staff became an issue. Hillcrest did not want
the staff utilizing on- street parking on Wilbright Lane because of traffic congestion that
would be created so they asked to use the parking lot in Flora Park. Since their usage
is 7:30 a.m. to 4:00 p.m., Monday through Friday during the school year, a time period
that would not conflict with park users, their request was approved.
The attached License Agreement is for the Hillcrest usage and establishes a fee. The
basic points of the lease are:
• 30 spaces (there are 60 in the parking lot) will be designated for Hillcrest staff.
• Fee established will be $15.00 per month, per space for a total of $450.00 per month
• Hillcrest will be responsible for snow and ice removal.
• Hillcrest will release the City from liability.
• Use will be limited to 7:30 a.m. to 4:00 p.m., Monday through Friday during the
school year.
• The licensed area will be the 30 spaces furthest from the spaces most used by park
users.
continued
Signs are posted giving notice of these reserved parking spaces and the time they are
reserved.
These agreements are typically reviewed by the Park and Recreation Commission.
However, the timing of the agreement start date (September 1st), Council meeting
(September 6th) and Commission meeting date (September 13th) are such that moving
the agreement to Council on this meeting is preferred. The Commission has previously
reviewed the first and second agreements and the substance has not changed.
ACTION STEP
The action requested is that the City Council approve the Parking License Agreement
with Hillcrest Family Services for 30 parking spaces in Flora Park.
MLW:et
attachment
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PARKING LICENSE AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
HILLCREST FAMILY SERVICES, INC.
This Parking License Agreement (the Agreement) dated for reference
purposes the (/1 day of Se't'h ie . 2011, between the City of
Dubuque, Iowa a municipal corporation (City) and Hillcrest Family Services Inc.
(Hillcrest), an Iowa corporation with its principal place of business in Dubuque,
Iowa.
WHEREAS, City is the owner of a parking lot which includes the thirty -stall
area (the Licensed Area) shown on the attached Exhibit A and by reference
incorporated herein as though fully set out herein; and i -). §
WHEREAS, City and Hillcrest are desirous of entering into an agreement
where City grants to Hillcrest a license for the privilege of using the Licensed
Area for providing parking for Hillcrest's employees under the terms and
conditions hereinafter set forth;
NOW THEREFORE, in consideration of the mutual covenants and
agreements set forth herein, City and Company agree as follows:
SECTION 1. TERM OF AGREEMENT
Subject to Paragraph 11, City hereby grants to Hillcrest a nonexclusive license to
use the Licensed Area for parking for Hillcrest's employees during the hours from
7:30 a.m. to 4:00 p.m. for all school days and teacher - required in- service days
during the months of the school calendar year, commencing on the 1st day of
September, 2011, and ending after the last teacher work day in June, 2013 (two
school years).
SECTION 2. PARKING LICENSE USE FEE
The parking license use fee (the Fee) for the Licensed Area shall be Fifteen
Dollars ($15.00) per month per space for thirty spaces for a total of Four Hundred
Fifty Dollars ($450.00) per month regardless of the number of spaces actually
used by Hillcrest. Payments are payable monthly by Hillcrest to City in advance
commencing on the 1st day of the months of September through May.
SECTION 3. USE OF PREMISES
3.1 Hillcrest covenants and agrees to use and occupy the Licensed Area for
parking for its employees only.
031808ba1
3.2 Hillcrest shall not place or allow any signs on or in the Licensed Area
without the prior written approval of the City Manager. Hillcrest shall not place or
allow any structure on or in the Licensed Area.
SECTION 4. ASSIGNMENT AND SUBLETTING
Hillcrest shall not assign or sublet this Agreement or the Parking Area nor any
portion thereof.
SECTION 5. MAINTENANCE OF PROPERTIES
Hillcrest shall be responsible for snow and ice removal in the Licensed Area at its
expense
SECTION 6. RESPONSIBILITY FOR ENFORCEMENT
City shall not be responsible in any manner for enforcement of Hillcrest's
privilege to use the Licensed Area. Hillcrest shall use the Licensed Area in a
manner that is compatible with the operation of the remainder of City's parking
lot, and shall not cause or allow any conflicts or interruptions to the operation of
City's parking lot.
SECTION 7. DEFAULT
If Hillcrest shall default in the payment of the Fee hereunder or any part thereof,
or shall default in the performance of any of the other covenants herein
contained, and such default shall continue for a period of thirty (30) days after
written notice thereof, specifying the default complained of, mailed to Hillcrest by
United States certified mail, then City may, at its election, declare the terms of
this Agreement ended and re -enter the Licensed Area, with or without process of
law, and expel and remove Hillcrest or any person or persons in or upon the
Licensed Area, using such force as may be necessary under the circumstances;
and if at any time, by reason of such default of Hillcrest and the continuance
thereof for such period of thirty (30) days after written notice has been given, said
term shall be so ended, Hillcrest hereby covenants and agrees to surrender and
deliver up the Licensed Area peaceably to the City.
SECTION 8. INDEMNITY
Hillcrest agrees to defend, indemnify and hold harmless City, its officers, agents
and employees, from any and all damages or claims whatsoever by reason of
Hillcrest's use of the Licensed Area and further agrees to reimburse City for any
and all damage to the Licensed Area resulting from the use of the Licensed Area
for activities associated with Hillcrest's business. City agrees to promptly give
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notice of any and all damages or claims and to permit Hillcrest and /or its
insurance carrier to investigate and defend the same.
SECTION 9. INSURANCE
Hillcrest shall at all times during the term of this Agreement provide insurance as
set forth in the attached Insurance Schedule as such Insurance Schedule may
from time to time be amended by City.
SECTION 10. SURRENDER OF PREMISES AT END OF TERM
Hillcrest agrees that upon termination of this Agreement it will surrender, yield up
and deliver the Licensed Area in good, clean condition.
SECTION 11. TERMINATION
11.1 City may terminate this Agreement for any reason, with or without cause,
upon thirty (30) days written notice mailed to the Hillcrest by United States
certified mail.
11.2 Upon termination for any cause whatsoever, City shall prorate the Fee for
the current month in which advanced payments have been made and rebate
such prorated Fee for the balance of the current month.
HILLCREST FAMILY SERVICES, INC.
,7797//
Hillcrest Representative Date
CITY OF DUBUQUE, IOWA
By / `' _
Michael C./Van Milligen, City Manager Date
Attest: ✓ ��� /,��
Ke - in S. Firnstahl, Ac ing City Clerk
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Insurance Schedule A
1. Hillcrest Family Services shall furnish a signed Certificate of Insurance to the City of Dubuque,
Iowa for the coverage required in Exhibit I prior to contract inception and at the end of the
contract if the term of contract is longer than 60 days. Each Certificate shall be prepared on the
most current ACORD form approved by the Iowa Department of Insurance or an equivalent.
2. All policies of insurance required hereunder shall be with a carrier authorized to do business in
Iowa and all carriers shall have a rating of A or better in the current A.M. Best's Rating Guide.
3. Each Certificate shall be furnished to the contracting department of the City of Dubuque.
4. 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.
S. All required endorsements to various policies shall be attached to Certificate of insurance.
6. Whenever a specific ISO form is listed, an equivalent form may be substituted subject to the
provider identifying and listing in writing all deviations and exclusions that differ from the ISO
form.
7. Provider shall be required to carry the minimum coverage /limits, or greater if required by law or
other legal agreement, in Exhibit I.
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Insurance Schedule A (continued)
Exhibit I
A) COMMERCIAL GENERAL LIABILITY
General Aggregate Limit $2,000,000
Products - Completed Operations Aggregate Limit $1,000,000
Personal and Advertising Injury Limit $1,000,000
Each Occurrence $1,000,000
Fire Damage Limit (any one occurrence) $ 50,000
Medical Payments $ 5,000
a) Coverage shall be written on an occurrence, not claims made, form. All deviations
from the standard ISO commercial general liability form CG 0001, or Business
owners form BP 0002, shall be clearly identified.
b) Include ISO endorsement form CG 25 04 "Designated Location(s) General Aggregate
Limit."
c) Include endorsement indicating that coverage is primary and non - contributory.
d) Include endorsement to preserve Governmental Immunity. (Sample attached).
e) 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.
using ISO form CG 20 10. Ongoing operations.
B) WORKERS' COMPENSATION & EMPLOYERS LIABILITY
Coverage A
Coverage B
Statutory —State of Iowa
Employers Liability
Each Accident $100,000
Each Employee- Disease $100,000
Policy Limit - Disease $500,000
a) Policy shall include an endorsement providing a waiver of subrogation to
the City of Dubuque.
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Preservation of 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 Coverage. 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 Coverage. 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 Change in Policy. The above preservation of governmental immunities shall
not otherwise change or alter the coverage available under the policy.
SPECIMEN
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EXHIBIT A
LICENSED AREA
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