Veterans' Memorial Ballfield Lease with Clarke UniversityTHE CITY OF
Dui
Masterpiece on the Mississippi
Dubuque
kital
All- America City
II 111!
2012
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Extension of Veterans' Memorial Ballfield Usage Agreement with Clarke
University
DATE: November 29, 2012
Leisure Services Manager Marie Ware recommends City Council approval of the First
Amendment to the Usage Agreement with Clarke University for softball field 2 in
Veterans Memorial Park which extends the agreement through December 31, 2016.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
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Michael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Marie L. Ware, Leisure Services Manager
THE CITY OF
Dui
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: Marie L. Ware, Leisure Services Manager
DATE: November 27, 2012
SUBJECT: Extension of Veterans' Memorial Ballfield Usage Agreement with Clarke University
Dubuque
had
All-America City
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2007
INTRODUCTION
The purpose of this memorandum is to request City Council approval of the First Amendment of the Usage Agreement with
Clarke University for softball field 2 in Veterans' Memorial Park.
DISCUSSION
Clarke University has a formal usage agreement for their softball teams' use of Field 2 in Veterans' Memorial Park. Clarke
has used this field the past several years. Clarke has been a great partner with Leisure Services. We are currently working
with them on dugout improvements. Clarke will be investing over WOO to construct new dugouts. The current term of the
agreement expires December 31, 2013. Extension of the term for three to five years is requested by Curt Long, Director of
Athletics.
The dugout improvements are an improvement to the Vet's ball complex and will be used and enjoyed by all teams using
field 2. It is a win /win for Clarke and the City. This arrangement has benefitted the city because of past improvements Clarke
University has made to the field.
The current agreement includes:
• Three -year agreement, no fee
• Clarke will pay all costs of supplies, utilities, fuel and any other cost associated with their use of the field.
• Any improvements they would like to the field will be done at their sole expense.
• Signage shall not be placed without approval of the City Manager and will be displayed only during times when the
University is using the field.
• Clarke will prepare the field for their play and maintain the area around the field.
• Clarke will not have exclusive use but will be given scheduling priority. Their use will not conflict with our use.
RECOMMENDATION
I recommend extension of the term of the agreement for three years to December 31, 2016. This partnership has been
beneficial for both Clarke and the City.
ACTION TO BE TAKEN
The action requested is for the City Council to approve the First Amendment to the Usage Agreement with Clarke University
for Veterans' Memorial Park Field 2 to lengthen the term by three years.
Prepared by:
MLW et
FIRST AMENDMENT TO USAGE AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
CLARKE UNIVERSITY, FORMERLY CLARKE COLLEGE
This First Amendment to Usage Agreement between the City of Dubuque, Iowa and
Clarke University, formerly Clarke College, dated for reference purposes the. �>,_zr:xlay of
December, 2012, is made and entered into by and between the City of Dubuque, Iowa
(City) and Clarke University (College).
WHEREAS, City is the Owner and College is the User under the terms of a Usage
Agreement dated for reference purposes January 1, 2010; and
WHEREAS, College desires to extend the Term of the Usage from December 31,
2013 to December 31, 2016; and
WHEREAS, it is deemed to be in the best interest of both parties to the Usage
Agreement that this First Amendment to Usage Agreement be approved.
NOW THEREFORE, the parties have mutually agreed as follows:
1. Section 1 of the Usage Agreement is amended to read as follows:
SECTION 1, PREMISES AND TERM. In consideration of the terms, covenants,
conditions and agreements set forth in this Agreement, City hereby permits Clarke
to use the Veterans' Memorial Park, Softball Field #2, together with any and all
easements and appurtenances thereto and subject to any easements and
restrictions of record (the Premises), for a term of four (4) years commencing
December 31, 2012 and terminating at 11:59 p.m. on December 31, 2016 subject to
all of the terms, covenants, conditions and agreements contained herein.
CITY OF DUBUQUE, IOWA
:
b Y
Roy D uol, Mayor
ATTESTED:
Ke n S. Firnstahl, ity L s.,,
CLARKE UNIVERSITY
Preparer: Marie L. Ware Address: 2200 Bunker Hill Rd Phone: (589) 589 -4263
RESOLUTION NO. 334 -12
A RESOLUTION APPROVING A FIRST AMENDMENT TO THE USAGE AGREEMENT
WITH CLARKE UNIVERSITY FOR VETERANS' MEMORIAL PARK, FIELD 2
WHEREAS, the City of Dubuque, Iowa (City) is the owner of Veterans' Memorial
Park, Field 2, all in the City of Dubuque, Dubuque County, Iowa; and
WHEREAS, Clarke University desires to extend the terms of the Usage Agreement
to use the property exclusively for college softball games and practices and the City agrees
to this term extension; and
WHEREAS, the City Council finds that it is in the best interest of the City to approve
the First Amendment of the Usage Agreement.
NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. The City Council of the City of Dubuque, Iowa approves the First
Amendment of the Usage Agreement with Clarke University for Veterans' Memorial Park,
Field 2.
Section 2. The Mayor Pro i- is hereby authorized and directed to sign this
resolution and the Usage Agreement.
Passed, approved and adopted this 3rd day of Decmeb ;r , 2012.
Roy D. Buol, Mayor
USAGE AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
CLARKE COLLEGE
THIS USAGE AGREEMENT (the Agreement) dated for reference purposes the
/5`f day of I 1c »roc , 2009, is made and entered into between the City of
Dubuque, Iowa, a municipal corporation (City) and Clarke College (College).
SECTION 1. PREMISES AND TERM.
1.1. In consideration of the terms, covenants, conditions and agreements set forth in
this Agreement, City hereby permits College to use the Veterans' Memorial Park,
Softball Field #2, together with any and all easements and appurtenances thereto and
subject to any easements and restrictions of record (the Premises), for a term of three
(3) years commencing on January 1, 2010 and terminating at 11:59 p.m. on December
31 , 2013 subject to all of the terms, covenants, conditions and agreements contained
herein.
1.2. Termination. Either party may terminate this Agreement for any reason with or
without cause upon thirty (30) days written notice to the other party. Upon termination,
City shall have the right to enter the Premises and to assume exclusive use and control
of the Premises. Upon termination of this Agreement, College agrees to surrender
possession of the Premises in its condition as when first permitted use, or to restore the
Premises to substantially the same condition, ordinary wear and tear excepted.
1.3. Condition of Premises. City shall deliver and College accepts the Premises in its
"as is" condition.
SECTION 2. FEE; UTILITIES AND OTHER COSTS. College shall not be required to
pay City a fee for the use of the Premises but shall pay all costs of supplies, utilities,
fuel and any other costs and expenses associated with College's use of the Premises.
SECTION 3. IMPROVEMENTS.
3.1 College Improvements. College shall not construct any improvements on the
Premises without the prior written approval of City. City at its option and upon written
notice may require College to remove any improvements constructed by College from
the Premises at College's sole expense and College shall have ninety (90) days after
such notice or the termination of this Agreement to complete such removal. If College
fails to remove the improvements within such ninety -day period, City may cause the
improvements to be removed and College shall pay the costs of such removal within
thirty (30) days of receipt of a statement therefore from City. Any improvement
requested by College shall be at College's sole expense. College shall consider
sharing the cost of improvements made to the Premises to benefit all users.
121109baI
3.2. Signaqe. College shall not place any signage on the Premises without the prior
written approval of City's City Manager which approval shall be in the City Manager's
sole discretion. Signage shall ony be displayed during times when College is using the
Premises.
SECTION 4. UTILITIES. College shall pay all utilities for the use of the Premises.
SECTION 5. REPAIRS / MAINTENANCE. College shall at all times during the term
of this Agreement, at College's own cost and expense, keep the Premises free of litter,
in good order, condition and repair, and shall repair any damage done as a result of
College's use of the Premises.
SECTION 6. COMPLIANCE WITH LAW. During the term of this Agreement, College
shall comply with all applicable laws applicable to College's use of the Premises, the
breach of which might result in any penalty on City or forfeiture of City's title to the
Premises.
SECTION 7. USE OF LICENSED PREMISES.
7.1. College agrees that during the term of this Agreement, the use of the Premises
shall be exclusively for college softball games and practices. College shall observe the
following conditions:
1) All games and practices shall be scheduled through City's Leisure Services
Department.
2) Use will be from March 1st through May 15th in the spring, and September 1st
through October 15th in the fall.
3) College's usage may not be exclusive.
SECTION 8. INSURANCE.
8.1. College shall at all times during the term of this Agreement maintain insurance
as set forth in the City's standard Insurance Schedule for Lessees of City Property, as
such uniform, standardized schedule may from time to time be amended. The current
Insurance Schedule is attached to this Agreement.
8.2. College shall deliver to City promptly after the execution and delivery of this
Agreement the original or duplicate policies or certificates of insurers satisfactory to City
evidencing all the insurance which is then required to be maintained by College
hereunder, and College shall, within thirty (30) days prior to the expiration of any such
insurance, deliver other original or duplicate policies or other certificates of the insurers
evidencing the renewal of such insurance.
SECTION 9. INDEMNIFICATION.
-2-
9.1. Indemnification of City. Except as otherwise provided herein, College shall
protect, indemnify, and save harmless City, its officers, and employees (the
"Indemnified Parties "), from and against all liabilities, obligations, claims, damages,
penalties, causes of action, costs and expenses (including, without limitation,
reasonable attorneys' fees and expenses) imposed upon or incurred by or asserted
against the Indemnified Parties by reason of (a) any accident, injury to, or death of
persons or loss of or damage to property occurring on or about the Premises during the
term of this Agreement and resulting from any act or omission of College or anyone
claiming by, through, or under College during the term of the Agreement; and (b) any
failure on the part of College to perform or comply with any of the terms of this
Agreement. In case any action, suit, or proceeding is brought against the Indemnified
Parties by reason of such occurrence, College will, at College's expense, resist and
defend such action, suit, or proceeding.
9.2. Indemnification of College. Except as otherwise provided herein, City shall
protect, indemnify, and save harmless College from and against all liabilities,
obligations, claims, damages, penalties, causes of action, costs and expenses
(including, without limitation, reasonable attorneys' fees and expenses) imposed upon
or incurred by or asserted against the Indemnified Parties by reason of (a) any accident,
injury to, or death of persons or loss of or damage to property occurring on or about the
Premises during the term of this Agreement and resulting from any act or omission of
City or anyone claiming by, through, or under City during the term of the Agreement;
and (b) any failure on the part of City to perform or comply with any of the terms of this
Agreement. In case any action, suit, or proceeding is brought against the College by
reason of such occurrence, City will, at City's expense, resist and defend such action,
suit, or proceeding.
SECTION 10. ASSIGNMENT AND SUBLETTING. College shall not assign or
transfer this Agreement without the prior written consent of City.
SECTION 11. NOTICES.
11.1. All notices, demands, or other writings in this Agreement provided to be given
or made or sent, or which may be given or made or sent, by either party to the other,
shall be deemed to have been fully given or made or sent when made in writing and
deposited in the United States mail, registered and postage prepaid, and addressed as
follows:
TO CITY:
City Manager
City of Dubuque, Iowa
50 West 13th Street
Dubuque, Iowa 52001
TO COLLEGE: CLARKE COLLEGE
1550 Clarke Drive
-3-
Dubuque, IA 52001
11.2. The address to which any notice, demand, or other writing may be given or
made or sent to any party as above provided may be changed by written notice given
by the party as above provided.
CITY OF DUBUQUE, IOWA
CLARKE COLLEGE
By: By:
Attest:
anne F. Schneider, City Clerk
..DEAAL 5. A`Ca4Atick,
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Clarke University Athletics
Clarke University • 1550 Clarke Drive •Dubuque, Iowa • 52001
November 14, 2012
Marie Ware
Leisure Services Manager
Dubuque Leisure Services Department
2200 Bunker Hill Road
Dubuque, IA 52001
Dear Ms. Ware,
Clarke University has worked with the City of Dubuque for use of Veteran's Park for our softball
program over the past three years and for several years before 2005. In December 2009, Clarke
University and the City of Dubuque agreed in writing for seasonal use of field #2 at Veterans'
Park that commenced in January 2010 and will expire December 31, 2013. The relationship has
been strong with good communication and collaboration and has provided a quality competition
and practice venue for many collegiate student athletes.
In recent weeks, Clarke and the City of Dubuque have discussed and agreed to safety
improvements to field #2 that include building new dugouts and adding new fencing. Clarke will
provide funding for a large portion of the project. Because of this investment, we would like to
request an extension of the usage agreement as previously written for another three to five years
(or longer).
Thank you for your consideration.
Respectfully,
2r:/,-,—,d,-
Curt Long
Director of Athletics