Children's Zoo Boosters Lease
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MEMORANDUM
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May 27, 2005
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TO:
The Honorable Mayor and City Council Members
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FROM:
Michael C. Van Milligen, City Manager
SUBJECT: Renew Lease with Children's Zoo Boosters
Leisure Services Manager Gil Spence recommends City Council approval of the lease
renewal with the Dubuque Children's Zoo Boosters, Inc. for approximately ten acres of
the former Roosevelt Park on North Cascade Road to operate the Storybook Hill
Children's Zoo. This lease runs through April 30, 2010, with the same provisions as in
the past, only updated for format and insurance requirement purposes.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
fJ11/11;1),~ L
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Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Gil D. Spence, Leisure Services Manager
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MEMORANDUM
May 25,2005
TO: Michael C. Van Milligen, City Manager
FROM: Gil D, Spence, Leisure Services Managet
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SUBJECT: Renew Lease with Children's Zoo Boosters
INTRODUCTION
The purpose of this memorandum is to ask the City Council to approve the lease
renewal with the Dubuque Children's Zoo Boosters, Inc.
DISCUSSION
The Dubuque Children's Zoo Boosters, Inc. leases approximately ten acres of the
former Roosevelt Park on North Cascade Road to operate the Storybook Hill Children's
Zoo. In the past five years significant improvements have been made to the buildings
and grounds and to the care of the animals. The Zoo has become one of the treasures
of the community.
This area has been leased to the Zoo Boosters for many years and this lease runs
through April 30, 2010. The lease is the same as used in the past, only updated for
format and insurance requirement purposes.
ACTION STEP
The action step is that the City Council approve the attached lease with the Dubuque
Children's Zoo Boosters, Inc. and the Mayor be authorized to sign it.
GDS:et
attachment
LEASE AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
DUBUQUE CHILDREN'S ZOO BOOSTERS, INC.
THIS LEASE AGREEMENT is entered into on the day of ,
2005, by and between the City of Dubuque, Iowa (City), whose address for the purpose of
this Lease is 2200 Bunker Hill Road, Dubuque, Iowa, and Dubuque Children's Zoo
Boosters, Inc. (the Zoo Boosters), whose address for the purpose ofthis Lease Agreement
is 2200 Bunker Hill Road, Dubuque, Iowa.
WHEREAS, City is the owner of a public facility known, called and named Franklin
D. Roosevelt Park (the Park); and
WHEREAS, Zoo Boosters desires to lease a section of the Park, shown on Exhibit A
(the Leased Premises), from City to operate a children's zoo (the Zoo); and
WHEREAS, it is deemed to be in the best interest of both parties to this Lease
Agreement and to the public in general that Zoo Boosters lease the Leased Premises.
NOW, THEREFORE, the parties hereto mutually agree that City hereby leases to
Zoo Boosters the Leased Premises upon the terms and conditions set forth herein.
Section 1. TERM OF LEASE AGREEMENT. This Lease Agreement shall be for a
term of five (5) years, from May 1,2005, through April 30,2010.
Section 2. RENT. The annual rental of one dollar ($1.00) shall be paid to City by
Zoo Boosters on or before the 1st day of May, 2005.
Section 3. USE OF THE AREA. Zoo Boosters agrees that during the term of the
Lease Agreement, the Leased Premises shall be used exclusively for zoo purposes.
Animals displayed at the Leased Premises are limited to domestic/farm type animals. No
animals shall remain at the Leased Premises between October 1st and May 1st of each
year of this Lease Agreement.
Section 4. GROUNDS AND BUILDING MAINTENANCE.
(a) Zoo Boosters shall be responsible for parking lot maintenance, well
maintenance and repair, septic system maintenance and repair, and playground and picnic
area development and maintenance at the Leased Premises. City will provide trash pickup
on a schedule to be determined entirely at City's discretion.
(b) Zoo Boosters shall be responsible for all grounds maintenance and
improvements, including but not limited to grass cutting, walkway, tree, flowerbed, and
general grounds maintenance at the Leased Premises.
(c) Zoo Boosters 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 at the Leased Premises.
(d) Any improvements made by Zoo Boosters shall remain on the Leased Premises
upon termination of this Lease Agreement, and shall then become the property of 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.
(e) All improvements made by Zoo Boosters 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 City of Dubuque Park and Recreation Commission.
Section 5. STAFFING. Zoo Boosters shall provide competent and qualified staff
under appropriate supervision to plan and implement its activities and to care for the zoo.
Section 6. MANAGEMENT AND CONTROL. It is agreed and understood that sole
management authority and control of the Leased Premises shall be by Zoo Boosters.
Zoo Boosters agrees that all monies and contributions derived from the Leased
Premises shall be used to operate, maintain, and improve the zoo.
Section 7. CARE AND DISPLAY OF ANIMALS. Zoo Boosters agrees to comply
with all federal, state and local laws for the care of animals displayed at the zoo. All
federal, state and local licenses or permits for the confinement and exhibition of animals
shall be obtained by Zoo Boosters and copies thereof shall be furnished to City.
All animals shall be displayed in a cage or pen in such a manner as to prevent
human contact. The cage or pen shall be fenced in such a manner to prevent humans
from reaching into the cage or pen. The petting of animals by visitors to the zoo shall be
strictly prohibited, except for the petting of goats and horses, which may be displayed in
such a way to allow petting. Any animal found dead shall be removed by Zoo Boosters
from the Leased Premises immediately.
, .
Section 8. INSURANCE. Zoo Boosters shall maintain during the term of this Lease
Agreement insurance as set forth in the attached Insurance Schedule A.
Section 9. ASSIGNABILITY. Zoo Boosters shall not assign or transfer any interest
in this Lease Agreement without the prior written approval of City. Such prohibition
includes contracts with third parties for the custody, management or operation of the
Leased Premises.
Section 10. 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 it is 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, City shall have the right to enter the Leased Premises and assume exclusive
use and control thereof.
This Lease Agreement may also be terminated by City, upon sixty (60) days written
notice to Zoo Boosters, if the Park is sold or the Leased Premises is needed, in City's
judgment, for any purpose deemed appropriate by City.
Upon termination of this Lease Agreement for any cause whatsoever, Zoo Boosters,
at the option of 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 11. INSPECTIONS. City reserves the right to conduct periodic inspections
of the Leased Premises for the purpose of determining whether the terms and conditions of
this Lease Agreement are being promptly and faithfully performed by Zoo Boosters.
Signed in duplicate by the parties hereto.
ATTESTED:
CITY OF DUBUQUE, IOWA
By:
JEANNE F. SCHNEIDER, CITY CLERK
TERRANCE M. DUGGAN, MAYOR
DUBUQUE CHILDREN'S ZOO
BOOSTERS,INC
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LOUIS BASSLER, PRESIDENT
By:
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 or better in the current
A.M. 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, except for 10 day notice for non-
payment, if cancellation is prior to the expiration date. This endorsement
supersedes the standard cancellation statement on the Certificate of Insurance.
3. shall furnish a signed 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) Commercial General Liability policy is primary and non-contributing.
b) Commercial General Liability additional insured endorsement.
c) Governmental Immunity Endorsements.
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
$2,000,000
$1,000,000
$1,000,000
$ 50,000
$ 5,000
This coverage shall be written on an occurrence, not a claims made form.
Form CG 25 04 03 97 "Designated Location (s) General Aggregate Limit"
shall be included.
All deviations or exclusions from the standard ISO commercial general liability form CG
0001, or Businessowners form BP 0002, shall be clearly identified.
April 2005
INSURANCE SCHEDULE A (Continued)
INSURANCE REQUIREMENTS FOR TENANTS AND LESSEES OF CITY PROPERTY
OR VENDORS (SUPPLIERS, SERVICE PROVIDERS) TO THE CITY OF DUBUQUE
Governmental Immunity Endorsement identical or equivalent to form attached.
Additional Insured Requirements:
The City of Dubuque shall be named as an additional insured on General
Liability Policies
Using ISO endorsement CG 20 260704 "Additional Insured - Designated
Person or Organization,"
Or it's equivalent. - See Specimen
b) WORKERS' COMPENSATION & EMPLOYERS LIABILITY
Statutory for Coverage A
Employers Liability:
$100,000 each accident
$100,000 each employee - disease
$500,000 policy limit - disease
c) UMBRELLA EXCESS LIABILITY
LIQUOR OR DRAM SHOP LIABILITY
Coverage to be determined on a case by case basis by Finance Director.
April 2005
.ACORQ CERTIFICATE OF LIABILITY INSURANCE I DATE (MMlDDIYYYY)
02/24/2005
"RODUCER (563)556-0272 FAX (563)556-4425 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
I~5URANCE AGENCY ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
STREET ADDRESS AL TER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
CITY. STATE, ZIP CODE
INSURERS AFFORDING COVERAGE NAIC#
;;S-UftEU C~any INSURER A Insurance Company
Street Address INSURER B:
City, State, Zip Code INSURER c:
INSURER 0:
INSURER E:
COVERAr.:F~
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDIN'
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
N$R ADD'I TYPE OF INSURANCE POUCY NUMBER POUCY EFFECTIVE POLICY EXPtRA TION LIMITS
GENERAL UABlUTY EACH OCCURRENCE $ l,Ooo,OO(]
I--
X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 50,00(]
I CLAIMS MADE 0 OCCUR MED EXP (Anyone person) $ S,OO~
A X PERSONAL & ADV INJURY $ 1,000,000
-
GENERAL AGGREGATE $ 2,000,000
-
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG $ 2,000,000
I n PRO- m LOC
POLICY JECT
AUTOMOBILE UABlUTY 5A/I1 , ~t..~ COMBINED SINGLE LIMIT
- $
X IWY ALlTO (Ea accident) 1,000,000
-
ALL OWNED AUTOS LJ /--E' A- BODILY INJURY
- -> (){FI)( $
SCHEDULED AUTOS (Per person)
A X -
HIRED AUTOS BODILY INJURY
- $
NON-oWNED AUTOS (Per accident)
I--
I-- PROPERTY DAMAGE $
(Per accidant)
-
RRAGE UABlUTY AUTO ONLY - EA ACCIDENT $
ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
EXCESSlUMBREUA LIABILITY EACH OCCURRENCE $
tJ OCCUR 0 CLAIMS MADE SPE ~IMEN AGGREGATE $
$
R DEDUCTIBLE $
RETENTION $ $
WORKERS COMPENSATION AND X I T~~~; f.Th!" I IOJ~-
EMPLOYERS'LUUHLITY 100,000
A IWY PROPRIETORIPARTNERlEXECUTIVE E.L EACH ACCIDENT $
OFFICERlMEMBER EXCLUDED? E.L. DISEASE - EA EMPLOYEE $ 100,000
n yes, desaibe under 500,000
SPECIAl PROVISIONS below E. L. DISEASE - POLICY LIMIT $
OTHER
DESCRIPTION OF OPERATIONS I LOCA TlONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
'HE CITY OF DUBUQUE IS LISTED AS AN ADDITIONAL INSURED ON GENERAL LIABILITY POLICIES USING ISO ENDORSE-
lENT FORM CG 20 26 07 04 "ADDITIONAL INSURED-DESIGNATED PERSON OR ORGANIZATION" OR ITS EQUIVILANT.
iENERAl lIABILITY POLICY IS PRIMARY AND NON-CONTRIBUTING. FORM CG 25 04 03 97 "DESIGNATED LOCATIONS"
iENERAL LIABILITY AGGREGATE LIMIT SHALL BE INCLUDED. GOVERNMENTAL IMMUNITIES ENDORSEMENT IS INCLUDED.
,LL POLICIES SHALL BE ENDORSED TO PROVIDE 30 DAY ADVANCE NOTICE OF CANCELLATION TO CITY OF DUBUQUE
CITY OF DUBUQUE
CITY HALL
50 W. 13Tlf STREET
DUBUQUE, IA 52001
SHOULD IWY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOr, THE ISSUING INSURER WILL ~ flIAIL
~ DAYS WRITTEN NOnce TO THE CERTIFICATE HOLDER HAMED TO THE LEFT,
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AUTHORJZEO REPRESENT A TlVE
~CORD 25 (2001108)
@ACORD CORPORATION 1988
IMPORTANT
Inlle certificate .holderisan ADOrrl()t-JAL INSURED the policy(ies)m.ustb.e endorsed. A~tatemeAt
.on this~rtificate :~~s notc9ofe ~ rightS to thecertificale ho[(Jer i u'lieUo(s4c11~ncil,)rsemenl(s),
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P'lLlCY NUMBER:
COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED LOCATION(S) GENERAL AGGREGATE LIMIT
COMMERCIAL GENERAL LIABILITY COVERAGE PART
This endorsement modifies insurance provided under the following:
SCHEDULE
Designated Location(s):
ALL LOCATIONS
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as
applicable to this endorsement.) ,
A. For all sums which the insured becomes legally
obligated to pay as damages caused by "occur-
rences" under COVERAGE A (SECTION I), and for
the medical expenses caused by accidents under
COVERAGE C (SECTION I), which can be attributed
only to operations at a single designated "lo-
cation" shown in the Schedule above:
,. A separate Designated Location General Ag-
gregate Limit applies to each designated "lo_
cation", and that limit is equal to the amount
of the General Aggregate Limit shown in the
Decl arations.
2. The Designated Location General Aggregate
Limit is the most we will pay for the sum of
all damages under COVERAGE A, except
damages because of "bodily injury" or "prop_
erty damage" included in the "products-
completed operations hazard", and for
medical expenses under COVERAGE C re-
gardless of the number of:
a. Insureds;
b. Claims made or "suits" brought; or
c. Persons or organizations making claims
or bringing "suits".
3. Any payments made under COVERAGE A for
damages or under COVERAGE C for medical
expenses shall reduce the Designated Lo-
cation General Aggregate Limit for that des-
ignated "location". Such payments shall not
reduce the General Aggregate Limit shown in
the Declarations nor shall they reduce any
other Designated Location General Aggregate
CG 25 04 (03-97)
Limit for any other designated "location"
shown in the Schedule above.
4. The limits shown in the Declarations for Each
Occurrence, Fire Damage and Medical Ex-
pense continue to apply. However, instead
of being subject to the General Aggregate
Limit shown in the Declarations, such limits
will be subject to the applicable Designated
Location General Aggregate Limit.
B. For all sums which the insured becomes legally
obligated to pay as damages caused by "occur-
rences" under COVERAGE A (SECTION I), and for
all medical expenses caused by accidents under
COVERAGE C (SECTION I), which cannot be attri-
buted only to operations at a single designated
"location" shown in the Schedule above:
,. Any payments made under COVERAGE A for
damages or under COVERAGE C for medical
expenses shall reduce the amount available
under the General Aggregate Limit or the
Products-Completed Operations Aggregate
Limit, whichever is applicable; and
2. Such payments shall not reduce any Desig-
nated Location General Aggregate Limit.
C. When coverage for liability arising out of the
"products-completed operations hazard" is pro-
vided, any payments for damages because of
"bodily it"!jury" or "property damage" included in
the "products-completed operations hazard" wi II
reduce the Products-Completed Operations Ag-
gregate Limit, and not reduce the General Aggre-
gate Limit nor the Designated Location General
Aggregate Limit.
Page 1 of 2
Df)L1CY NUMBER:
COMMERCIAL GENERAL LIABILITY
D. For the purposes of this endorsement. the Defi-
nitions Section is amended by the addition of the
following definition:
"Location" means premises involving the same or
connecting lots, or premises whose connection is
interrupted only by a street. roadway, waterway
or right-of-way of a railroad.
E. The provisions of Limits Of Insurance (SECTION III)
not otherwise modified by this endorsement shall
continue to apply as stipulated.
Copyright. Insurance Services Office, Inc., 1996
CG 2S 04 (03-97)
Page 2 of 2
.
.
:JOLlCY NUMBER:
COMMERCIAL GENERAL
UABIUTY
~20260709
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - DESIGNATED
PERSON OR ORGANIZA TfON
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL UABILlTY COVERAGE PART
SCHEDULE
ame Of Additional Insured Person(s) Or Oraanization(s)
formation reauired to complete this Schedule, if not shown above, will be shown in the Declarations.
Section 11 - Who Is An Insured is amended to include as an additional insured the person(s} or organization(s)
shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and
3dvertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting
:)0 your behalt
1.. In the performance of your. ongoing .operations; or
3. In connection with your premises owned by or rented to you.
20 26 0704
@ ISO Properties, Jne., 2004
.
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.
SPECIMEN
April 2005