Dubuque Water Sports Club Lease Renewal 2013Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Lease with the Dubuque Water Sports Club
DATE: March 13, 2013
Dubuque
kital
All- America City
II 111!
2012
Leisure Services Manager Marie Ware recommends City Council approval of the annual
lease with the Dubuque Water Sports Club (formerly Dubuque Water Ski Club) for a
section of Schmitt Island.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
htit44 Prvs, it(6
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: March 13, 2012
SUBJECT: Lease with the Dubuque Water Sports Club
Dubuque
had
All-America City
' 11'
2007
INTRODUCTION
The purpose of this memorandum is to request City Council approval of the annual lease with the Dubuque Water Sports
Club (formerly Dubuque Water Ski Club) for a section of Schmit Island.
DISCUSSION
The Club has leased a section of Schmitt Island, next to Heron Pond by the Hilton Garden Inn, for many years. The attached
lease agreement is the same as last year's agreement.
Main points of the lease include:
• Annual lease with $500 rental fee.
• Club is responsible for building and grounds maintenance except the City mows the grass and picks up the trash.
• Club members pay 50% of the per night camping fee at Miller Riverview Park to camp on the leased grounds.
Camping units are limited to 6 on site and stays are limited to not more than 30 days.
• Overnight parking of boats is limited to 8, two work boats, and one Dragon Boat.
The Park and Recreation Commission approved the Lease at their March 12th meeting.
ACTION TO BE TAKEN
The action requested is for the City Council to approve the attached lease agreement with the Dubuque Water Sports Club.
Prepared by:
MLW et
LEASE AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
DUBUQUE WATER SPORTS CLUB
This Lease Agreement, dated for reference purposes the 2: day of /011(71- ,
2013, is made and entered into 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 Water Sports Club ( "Club "), whose address for the purpose of this Lease is Post
Office Box 3377, Dubuque, Iowa, 52004 -3377.
WHEREAS, City is the owner of Miller Riverview Park (the "Park "); and
WHEREAS, Club desires to lease the section of the Park shown on Exhibit A (the
"Leased Premises ") from City to operate a water sports club; and
WHEREAS, it is deemed to be in the best interest of both parties to this Agreement
and to the public that Club lease the Leased Premises.
NOW, THEREFORE, the parties hereto mutually agree as follows:
SECTION 1. TERM OF LEASE AGREEMENT.
This Lease Agreement will be for a term of one (1) year, commencing at midnight on April
30, 2013, and terminating at midnight on April 29, 2014.
SECTION 2. RENT.
The annual rental of $500.00 shall be paid to City on or before the 1st day of May, 2013.
SECTION 3. USE OF THE LEASED PREMISES.
Club agrees that during the term of the Lease Agreement, the Leased Premises must be
used exclusively for recreational and conservational purposes and associated activities.
Club will not allow the Leased Premises to be occupied or used by any other individual,
group, organization or agency without the prior written permission of City's Leisure Services
Manager.
SECTION 4. GROUNDS AND BUILDING MAINTENANCE.
4.1 Club will be responsible for and will perform all roadway maintenance deemed
necessary by Club from the access point at the Hilton Garden Inn parking area and
throughout the Leased Premises for Club's use.
1
4.2 Club will be responsible for and will perform all grounds maintenance and
maintenance of improvements on the Leased Premises, including but not limited to
walkway, tree, flowerbed, and general grounds maintenance. City will mow the grass in the
Leased Premises area, but Club will trim around all trees, buildings, campers, boats, and
other obstructions.
4.3 Club will be responsible for all building maintenance and maintenance of
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.
4.4 Any improvements made by Club will remain on the Leased Premises upon
termination of this Lease and will then become the property of City. Club will not make any
material improvements or modifications to the Leased Premises without the prior written
approval of City's Leisure Services Manager. Such approval will not be unreasonably
withheld.
4.5 All improvements made by Club must 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 Advisory Commission of City. Club will be
responsible for inspecting and ensuring that all improvements comply with all applicable
federal, state or municipal statutes and ordinances, and rules and regulations of the Park
and Recreation Advisory Commission of City.
SECTION 5. UTILITIES AND REFUSE.
Club will pay when due all costs of all utilities serving the Leased Premises. City will
remove trash from the Leased Premises on Mondays and Fridays, Memorial Day through
Labor Day.
SECTION 6. MANAGEMENT AND CONTROL.
6.1 It is agreed and understood that sole management authority and control of the
Leased Premises, for the permitted uses stated in Section 3, will be with Club.
6.2 Club agrees that all monies and contributions derived from the use of the Leased
Premises will be used to operate, maintain, and improve the Leased Premises.
SECTION 7. CONTROL AND ACCESS.
7.1 Club will have the authority to limit general public access to the Leased Premises to
best suit its purposes. Club will make every reasonable effort to:
(1) Prohibit overnight camping except by Club members who have paid 50% of
the per night (non - electric) camping fee to the manager of the Park.
2
(2) Limit camping units allowed on site to six camping units at any one time and
limit any stay to no longer than thirty (30) consecutive days. At the end of a thirty
consecutive day stay, Club will require that a camping unit must leave the Leased
Premises for at least five consecutive days. Club will require that all camping units
be in the same location. Such location must be agreed upon by Club and City's
Leisure Services Manager.
(3) Restrict overnight parking of boats to eight boats used for water skiing; two
work boats; and one Dragon Boat between Memorial Day and Labor Day. Club will
require that all boats be in the same location. Such location must be agreed upon
by Club and City's Leisure Services Manager.
(4) Police the Leased Premises to assure that no vehicles, other than City
authorized vehicles, are allowed access to the wetland area;
7.2 Club will not dump or allow to be dumped any trash, 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. Club will allow access to
the Leased Premises for utility service installations, subject to approval by City's Leisure
Services Manager. Such approval will not be unreasonably withheld. Club's water system
will be tested by City's Health Services Manager at the request of Club or City, and a
certificate of testing will be filed with City's Leisure Services Manager.
7.3 Any rights granted herein to Club are subject to the right of City, or its authorized
agents or contractors to enter upon the Leased 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;
7.4 Club will not use the Leased Premises for commercial purposes, except for such
purposes which are related to Club's designated sport of waterskiing. Commercial use of
the Leased Premises will be prohibited except at special water show events sponsored by
Club, but only upon prior written notification to and approval by City's Leisure Services
Manager and upon such terms, including appropriate additional insurance coverage, as
may be required by City's Leisure Services Manager.
7.5 Club will provide padlocks for the control gate and distribute keys to its members. A
padlock provided by City will also be provided to allow access for City staff. The three -
piece chain used to secure the gate will be provided by City.
7.6 Any special events on the Leased Premises must have prior approval of City's
Leisure Services Manager and a special event permit as required by City.
SECTION 8. INSURANCE.
Club shall provide insurance during the term of this Lease Agreement as required by the
Insurance Schedule attached as Exhibit B.
3
SECTION 9. INDEMNITY.
Club agrees to defend, indemnify and hold harmless City, its officers and employees, from
any and all damages or claims whatsoever, to persons or property, by reason of Club's use
of the Leased Premises.
SECTION 10. ASSIGNABILITY.
Club will not assign or transfer any interest in this Lease Agreement or the Leased
Premises without the prior written approval of City. Such prohibition includes contracts with
third parties for custody, management or operation of the Leased Premises or any part
thereof.
SECTION 11. TERMINATION.
11.1 In the event either party fails 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 is not 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
is reasonable under the circumstances, and as is 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 will have the right to re -enter the Leased Premises and
to assume exclusive use and control thereof.
11.2 This Lease Agreement may also be terminated by City upon sixty (60) days written
notice to Club if the Leased Premises or any part thereof is sold or the Leased Premises or
any part thereof is needed for any purpose deemed appropriate by City in its sole
discretion.
11.3 Upon termination of this Lease Agreement, for any cause whatsoever, Club, 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.
11.4 Upon termination of this Lease Agreement, Club members must remove all boats
and camping units from the Leased Premises within fourteen (14) days of such termination.
SECTION 12. 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 Club.
4
CITY OF DUBUQUE, IOWA DUBUQUE WATER SPORTS CLUB
By:
By:
Roy D.
Ke n . Firnsta I, City erk
5
f `''
By: 1. �-t1".a 3 -'-13
013 b )$C_ -p-ea sure r
r(3s 57iS /ed-of
EXHIBIT A
Water Sports Club Apr 2013 To Apr 2014
rn
0
0
a.)
on
cat
P,
EXHIBIT B
Insurance Schedule A
shall furnish a signed Certificate of Insurance (COI) to the City of
Dubuque, Iowa for the coverage required in Exhibit I prior to contract or lease
commencement. All lessees of City property shall submit an updated 001 annually. Each
Certificate shall be prepared on the most current ACORD form approved by the
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.
5. 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.
Page 6 of 9Pdfconvert.6076.1.WATER SPORTS CLUB APR 2013 _ TO APR_
Insurance Schedule A (continued)
Exhibit 1
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.
Page 7 of 9Pdfconvert.6076.1.WATER SPORTS CLUB APR 2013 _ TO APR_
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
Page 8 of 9Pdfconvert.6076.1.WATER SPORTS CLUB APR 2013 _ TO APR_