Hillcrest - Murphy Pk Holiday Light Agree
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MEMORANDUM
June 13, 2006
TO:
The Honorable Mayor and City Council Members
FROM:
Michael C. Van Milligen, City Manager
SUBJECT: Agreement with Hillcrest Family Services to use Murphy Park
Hillcrest Family Services has requested to use Murphy Park from October 27,2006,
through January 10, 2007, to set up a holiday light display. Leisure Services Manager
Gil Spence recommends approval of the usage agreement with Hillcrest Family
Services.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Mic
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
GiI D. Spence, Leisure Services Manager
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MEMORANDUM
June 13, 2006
TO: Michael C. Van Milligen, City Manager
FROM, GII D. Speore, lei"", SeNlre, M,"ag~
SUBJECT: Agreement with Hillcrest Family Services to use Murphy Park
INTRODUCTION
The purpose of this memorandum is to request approval from you and the City Council
to enter into an agreement with Hillcrest Family Services for use of Murphy Park.
DISCUSSION
Hillcrest Family Services has requested the use of Murphy Park from October 27th
through January 10th to set up a holiday light display. Hillcrest will use the display as a
fund raiser for their organization. Details of the request for public viewing of the displays
is as follows:
. major displays will be placed around the park
. hours of operation will be 5:00 to 10:00 p.m.
. open seven days a week
. November 24th through January 1st
. gate charge would be $7.00 per car
The usage agreement outlines the conditions that are to be followed during this usage
and allows extra days for setup and take down. Murphy Park is closed at this time of
the year so this usage agreement will not deprive anyone usage of the park. Hillcrest
believes the display is a tourist attraction and aids the Chamber's efforts to attract
people to Dubuque during the winter months.
ACTION STEP
The action requested is for you to approve the usage agreement and to ask for City
Council approval and that the mayor be authorized to sign it.
GDS:et
AGREEMENT
THIS Agreement is made and executed between the City of Dubuque, Iowa, (City),
a municipal corporation, and Hillcrest Family Services, (Hillcrest), an Iowa corporation with
its principle office in Dubuque, Iowa.
WITNESSETH:
WHEREAS, City is the owner of a tract of land known as Louis Murphy Park (Park);
and
WHEREAS, City and Hillcrest desire to enter into an Agreement whereby City grants
permission to Hillcrest to use the Park, upon the terms and conditions hereinafter stated;
NOW, THEREFORE, in consideration of the mutual covenants and agreements of
the City and Hillcrest, each to the other, it is agreed as follows:
Section 1. PREMISES. City hereby grants to Hillcrest the right to use the Park as
set forth herein.
Section 2. TERM OF AGREEMENT. The term of this Agreement shall be October
27,2006 through January 10,2007.
Section 3. RENTAL. The rental to be paid to City on or before October 20,2006,
shall be $1.00.
Section 4. USE OF PROPERTY. Hillcrest agrees that the Park shall be used only
for a holiday light display whereby viewers will drive or walk through the Park to view the
display. All viewers shall be required to stay on the roadway.
The Leisure Services Manager must give written approval to location of displays,
construction type (if attached to trees or buildings), and alterations to grounds, prior to
installation. A written plan outlining the above mentioned items shall be submitted to the
Leisure Services Manager by October 1, 2006.
Section 5. GROUNDS AND MAINTENANCE. Hillcrest shall be responsible for the
following:
(a.)
(b.)
(c.)
(d.)
Prompt snow removal from all park roadways
All electrical connections for the displays, and the cost of electricity: Hillcrest
must reimburse the City all costs during the time period of this agreement.
Erection and maintenance of the displays.
Return of all grounds to their original condition after removal of the displays.
(e.) Prompt trash and litter pickup and removal throughout the term of the
Agreement.
(f.) Compliance with all applicable City ordinances, including building and
electrical codes.
Section 6. MANAGEMENT AND CONTROL OF THE PARK. It is agreed and
understood that the City shall have sole management authority and control of the Park.
Hillcrest shall be solely responsible for controlling admission to the Park and may charge
an entrance fee.
Section 7. INSURANCE. Hillcrest shall provide insurance as required by the
attached "Insurance Schedule A."
Section 8. INDEMNITY. Hillcrest agrees to save, defend, indemnify and hold
harmless City, its officers, agents and employees, against any and all loss, damage,
claims, causes of action, judgements, costs and expenses that City may hereafter suffer,
incur, be put to, payor layout by reason of performance or lack of performance by Hillcrest
and/or its agents and employees of the conditions of this Agreement.
Section 9. ASSIGNABILITY. Hillcrest shall not assign or transfer any interest in this
Agreement without the prior written approval of City.
Section 10. TERMINATION. In the event Hillcrest shall fail to keep, perform and
observe in a timely and proper manner any of its covenants or obligations under this
Agreement, City may, at its option, terminate this Agreement immediately, by giving twenty-
four hours notice to Hillcrest, in which event Hillcrest shall immediately remove all of its
displays or other equipment from the Park and restore the premises to their original
condition.
Signed in duplicate by the parties hereto.
Dated this 25th day of August, 2006.
City of Dubuque, Iowa
/s/ Roy D. Buol,
Attest:
Jeanne F. Schneider, City Clerk
Hillcrest Family Services
By: /s/ Gary Gansemer
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
coveragellimits 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 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 Business Owners form BP 0002, shall be clearly identified.
3 of 5
June 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 Requirement:
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 shall be named as an additional
insured on General Liability Policies using ISO endorsement CG 20 26 0704
"Additional Insured - Designated Person or Organization," or it's equivalent. -
See Specimen
b) WORKERS' COMPENSATION & EMPLOYERS LIABILITY
Statutory for Coverage A
Employers Liability:
Each Accident
Each Employee - Disease
Policy Limit - Disease
$100,000
$100,000
$500,000
c) UMBRELLA EXCESS LIABILITY
LIQUOR OR DRAM SHOP LIABILITY
Coverage to be determined on a case by case basis by Finance Director.
Completion Checklist
o Certificate of Liability Insurance (2 pages)
o Designated Location(s) General Aggregate Limit CG 25 04 03 97 (2 pages)
o Additional Insured 20 26 07 04
o Governmental Immunities Endorsement
4 of 5
June 2005
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THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
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DESCRIPTION Of.' OPER,\l,ONS f WCATlONSJVEl-ncLES I EXCLUSlot.'S ADOE08Y fNDOR5EMENT! SPECIAL. PJ:tOVISlOIllS
E CITY OF DUBUQUE IS LISTED AS AN ADDITIONAL INSURED ON GENERAL LIABIlITY POLICIES USING ISO ENDORSE-
ENT FORM CG 20 26 07 04 "ADDITIONAL INSURED-DESIGNATED PERSON OR ORGANIZATION" OR ITSEQUIVILM'T.
ENERAL LIABILITY POLICY IS PRIMARY AND NON-CONTRIBUTING. FORM CG 25 04 03 97 "DESIGNATED lOCATIONS"
ENERAL LIABILITY AGGREGATE lIMIT SHALL BE INCLUDED. GOVERNMENTAL IMMUNITIES ENOORSEJIIENT IS INCLUDED,
LLPOLICIES SHALL BE ENDORSEO TO PRDVIDE 30 DAY ADVANCE NOTICE OF C~NCELLATION TO CITY OF DUBUQUE
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CANCELAT ON
CITY OF DUBUQUE
UTY HALL
50 W. 13TH STREET
DUBUQUE. IA 52001
SHOULD I\NY OF lliE ABOVE Dt:.SCRla~D POlICIES SE CANCELLED BEFORE THE
EXPIRATION DA- TE THEREOF, .THF. ISSUING INSURER WILL ~~"A1L
3LDAVS WRITTEN NOTICE TO THE CERTIFtCATE HOLDER tlAMEC 'r0 THE LEFT.
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@ACORDCORPORATlON 1988
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IMPORTANT
If the certificate holder is an ADDITIONAL INSURED. the pOlit;y(ies). must be endorsed. A statement
onthiscOOificate does not confer rights.tothe'certificate holdermlieu'of such .endorsement($).
If SuBROGATION IS WAIVED. subiecttothe terms and conditions oflhepolicy. certain policies may
reqllireanandorsemenL A statement oothiscertificate.does notcon1er fights to thenertificate
holder in lie<! ofsuchendlllseillenl(s).
DISCLAIMER
The CertifIcate of Insurance on Ih.. reverse side oflhis form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certfficate holder, nor does it
affirmatively or negatively amend, extend or <iller the coverage afforded by the policies fisted thereon
SPECIMEN
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ACORD 25 (2001/081
POliCY NUMBER:
COMMERCIAL GENERAL LIABILITY
CG 25 0403 97
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READJT CAREFULLY.
DESIGNA TEDtOCATION(S)
GENERAL AGGREGATE LIMIT
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
SPECIMEB
This endorsemenf modifres insurance providedunclcr the following:
C"'- """'im>('"
(If no entry appears above, information reqUired to complete this endorsement will be shown in the Declarations
as applicable to this endorsement.)
A.For .aJl sums which the insured becomes legalty
obligated to pay as damageseaused by
'.'oq;lJrrences"under COVERAGE A (SECTION
t),and for allmedi<;al. expenses eausedby acci.
dentsunderCOVER/;GEC (SECTION I). which
can be attrlbutecl only to operations al 4 single
designated 'Ioeation" shown in the Sche.dule
above:
1. A separate Designated Location General
Aggregate Limit applies to each designated
"location", and that limil is equ41to the
amount of the General Aggregate Limit
shown in the Declarations.
2. The Designated Loeation General Aggregate
Limit is the most we will pay for the sum of all
damages under COVERAGE A. except dam-
ages because of "bodily injury" or "property
damage" included in the "products-Gompleted
operations hazard', and for mediGaI expenses
under COVERAGE C regardiessof the num-
berot:
a. Insureds
b, Claims made or "suits" brought; or
c. Persons ororganizatiol1s making claims
or bringing."suits'",
Any payments made under COVERAGE A
for damages or under COVERAGE C for
medical expenses shall reduce the Desig-
nated Location General Aggregate limii for
that designated 'ioeation". Such payments
shall not reduce the General Aggregate Umit
shown in the Declarations nor shall they re.
duce any other Designated Location General
Aggregate Limit for any other designated
"location" shown In the Schedule above.
4. The limits shown In the Declarations for Each
Occurrence, Fire Damage and r,,1ediGaI Ex-
pense cOl1tinueto apply. However. instead of
being subject to the General Aggregate Limit
shown ,in tt'18 Declarationslsuch 'limits will ,be
subject to the appliGable Designated Location
General Aggregate limit.
B. For all sums which the insured becomes legally
obligated to pay as damages caused by
'or-eurrences" under COVERAGE A (SECTION
I), and for all medical expenses caused by acci-
dents under COVERAGE C (SECTION I), which
cannot be attributed only to operations at a sin-
gle designated "loeaton" shown in the Schedule
above:
1. Any payments made under COVERAGE A
far damages or under COVERAGE C far
medical expenses shall reduce the amount
availabie under the General Aggregate Limit
or the Products-Completed Operations Ag-
gregate limit, whichever is applicable; and
2. Such payments shall not reduce any Designated
Location General Aggregate Limit.
C. When coverage for liability ansmg aut of the
"products-completed operalions hazard" IS pro-
vided, any payments for damages because of
"bodily injury" or "property damage" included in
the "products-completed operations hazard' will
reduce the Products-Completed Operations Ag-
gregate Limit, and not reduce the General Ag-
gregate' Limit nor the Designated Location Gen-
eral Aggregate limit,
D. For the'purposes of this endorsement, the Defi-
nitions Section is amended by the addition of
the fallowing definition:
"Location" means premises involVIng the same
or connecting lots, or premises whose connec-
tion is interrupted only by a street, roadway, wa-
terway or right-of-way of a railroad,
E. The provisions of Limits Of Insurance (SECTION
JIl) not otherwise modified by this endorsement
shall continue to apply as stipulated,
SPECIMEN
POLICY NUMBER
COMMERCIALGENERAL'L1AB1LlTY
CG ,20 2607 04
THIS ENDORSEMENT CHANGES THE POLICY, PI-EASE READ IT CAREFULI- Y.
ADDITIONAL INSURED.- DESIGNATED
PERSON OR ORGANIZATION
Tnl6 endorsement modifies insurance provided under the following:
COMMeRCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
The City of Dubuque, induding
officials, all its employees and
commissions and/or authorities
employees and volunteers.
and appointed
, all its boards ,
members,
~
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,
I
Name Of Additional Insured Person s
Information re uiredtocom lele this Schedule, if not 6hoWnabove, will be shown in theDeolarations,
Section U - Who Is An Insured is amended to in-
clude as an additional insured the person(s) or organi-
zaflOn(s) shown in the Schedule, but only with respect
to liability for "bodily injury", "property damage" or
"personal and advertising injury" caused, in whole or
in part, by your acts or omissions or the acts or omis-
sions of those acting on your behalf:
A. In the performance of your'ongoing operations, or
B. In connection with your premises owned by or
ren led to you.
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GG 20260704
1&130 Properties. Inc., 2004
Page 1 of 1
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CITY OF DUBUQUE, IOWA
GOVERNMENTAL IMMUNITIES ENDORSEMENT
1. Nonwaiver of Governmentallmmunitv. 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 Coveraoe. 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 Immunitv. 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 Coveraoe. 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 Chanoe 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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June 2005