Parking License Agreement with Hillcrest Family Services at Flora ParkMasterpiece on the Mississippi
Dubuque
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AI- America City
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2007 • 2012 • 2013
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 14, 2013
Leisure Services Manager Marie Ware recommends City Council approval of a one -
year Parking License Agreement with Hillcrest Family Services, Inc. for 30 parking
spaces in the Wilbright Lane parking lot in Flora Park. This is the fourth such
agreement with Hillcrest for these spaces. The basic points of the lease are:
• 30 spaces will be designated for Hillcrest staff.
• Fee established will be $20.00 per month, per space for a total of $600.00 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.
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
Teri Goodmann, Assistant City Manager
Marie L. Ware, Leisure Services Manager
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: Marie L. Ware, Leisure Services Manager
DATE: August 14, 2013
SUBJECT: Parking License Agreement with Hillcrest Family Services for 30 Parking Spaces in Flora Park
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INTRODUCTION
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 fourth 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 current park usage, their request was approved.
The agreement has been changed from a two -year to a one -year agreement. This agreement raises the fee from $15 to $20
per space per month. Other City parking rates for open lot parking range from $35 - $52 per month. The difference with this
agreement is Hillcrest does snow and ice removal.
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 $20.00 per month, per space for a total of $600.00 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.
Signs are posted giving notice of these reserved parking spaces and the time they are reserved.
This agreement has been reviewed by the Park and Recreation Commission and they recommend approval.
ACTION TO BE TAKEN
I respectfully request City Council approval of the Parking License Agreement with Hillcrest Family Services for 30 parking
spaces in Flora Park.
Prepared by:
MLW et
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 oy day of 4,54,_ a t , 2013, 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
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, 2013, and ending after the last
teacher work day in June, 2014 (one school year).
SECTION 2. PARKING LICENSE USE FEE. The parking license use fee (the Fee)
for the Licensed Area shall be Twenty Dollars ($20.00) per month per space for
thirty spaces for a total of Six Hundred Dollars ($600.00) 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.
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.
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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 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
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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.
illcres a resentative
CITY OF DUBUQUE, IOWA
By
Michael C. Van Milligen, City Manager
Attest:
Kevi S. Firnstahl, City erk
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HILLCREST FAMILY SERVICES, INC.
Hillcre , Representative
CHT L�
Licensed Area
EXHIBIT A
LICENSED AREA
1 inch equals 100 feet
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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.
5. All required endorsements to various policies shall be attached to Certificate of insurance.
6. Whenever a specific 150 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 150 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 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 I50 commercial general liability form CG 0001, or Business owners form
BP 0002, shall be clearly identified.
b) Include I50 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 I50 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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