Tri-State Modelers Lease Agreement 2007THE CTTY OF /~
DT.JB E
Masterpiece on the Mississippi
MEMORANDUM
May 15, 2007
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Lease Agreement with Tri-State Modelers
Leisure Services Manager Gil Spence recommends athree-year lease agreement with
the Tri-State Modelers for a section of the former Roosevelt Park.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
'~ ~/
`L
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Gil D. Spence, Leisure Services Manager
THE CITY OF
DUB E
Masterpiece on the Mississippi
MEMORANDUM
May 15, 2007
TO: Michael C. Van Milligen, City Manager
FROM: Gil D. Spence, Leisure Services Manager
SUBJECT: Lease Agreement with Tri-State Modelers
INTRODUCTION
The purpose of this memorandum is to ask the City Council to approve the attached
lease agreement with the Tri-state Modelers for a section of the former Roosevelt Park.
DISCUSSION
The Tri-state Modelers have used this section of the former Roosevelt Park for a
number of years. A three-year agreement is recommended at this time to allow for the
park redevelopment study to be completed. If the design recommendation does not
impact the landing strip, I would anticipate a more long-term lease being recommended.
Over the years, the Tri-State Modelers have been a good group to work with. They
have a quality operation and provide a good service to the community. This property is
a good location for their activity because they are removed from any neighbors and do
not bother anyone. They have invested a fair amount of money, time and effort into the
landing strip and take great pride in their club.
RECOMMENDATION
I recommend this lease agreement with the Tri-state Modelers be approved by the City
Council.
ACTION STEP
The action step is for the City Council to approve the lease agreement with the Tri-state
Modelers.
GDS:et
attachment
LEASE AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
TRI-STATE MODELERS
THIS LEASE AGREEMENT, dated for reference purposes the e~~SY"day of
~~ , 20~, 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 Tri-State
Modelers (Club), whose address for the purpose of this Lease is 1989 West 3rd Street,
Dubuque, Iowa, 52001.
WHEREAS, City is the owner of a public facility known, called and named Franklin
D. Roosevelt Park (the Park); and
WHEREAS, Club desires to lease the section of the Park shown on Exhibit A (the
Leased Premises) from City to fly remote controlled model airplanes; and
WHEREAS, City agrees to lease the Leased Premises to Club but only upon the
terms and conditions set forth herein.
NOW, THEREFORE, the parties hereto mutually agree as follows:
SECTION 1. TERM OF LEASE AGREEMENT.
This Lease Agreement shall be for a term of three (3) years, commencing at midnight on
April 30, 2007, and terminating at midnight on April 30, 2010.
SECTION 2. RENT.
The annual rental of $300.00 shall be paid by Club to City on or before the 1 st day of May,
2007, 2008 and 2009.
SECTION 3. USE OF THE LEASED PREMISES.
Club agrees that during the term of this Lease Agreement, the Leased Premises shall be
used exclusively for the flying of remote controlled model airplanes and associated
activities. Club shall not allow the Leased Premises to be used by any other individuals,
groups, organizations or agencies without the prior written permission from City's Leisure
Services Manager.
SECTION 4. GROUNDS AND BUILDING MAINTENANCE.
4.1 Club shall be responsible for all roadway maintenance from the access gate to the
landing strip, to the level determined by Club for Club's use.
4.2 Club shall maintain all grounds and improvements, including but not limited to grass
cutting, walkway, tree, flowerbed, and general grounds maintenance.
4.3 Club shall maintain all buildings 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.
4.4 Club shall not make any material improvements or modifications to the Leased
Premises without the prior written approval of City's Leisure Services Manager for
approval, which approval shall not be unreasonably withheld.
4.5 All improvements made by Club shall be built, erected and maintained in strict
conformity with all applicable federal, state or municipal statutes and ordinances, and rules
and regulations of City's Park and Recreation Commission.
SECTION 5. UTILITIES AND REFUSE.
Club shall pay the costs of all utilities serving the Leased Premises and shall keep the
Leased Premises free of litter and trash at all times.
SECTION 6. MANAGEMENT AND CONTROL.
6.1 Club shall have the sole management authority and control of the Leased Premises.
6.2 Club shall use all monies and contributions derived from the use of the landing strip
to operate, maintain, and improve the Leased Premises.
SECTION 7. CONTROL AND ACCESS.
7.1 Club shall keep the control gate to the main section of the Park locked at all times.
Club shall require that after each club member enters the Park, the gate shall be locked by
such member.
7.2 Club shall 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.
7.3 Club shall direct its members, when using the Leased Premises, to proceed directly
to the landing strip and not use the remaining sections of the Park, unless to retrieve a
downed aircraft. Club shall not hold any special events without the priorwritten approval of
City's Leisure Services Manager.
SECTION 8. INSURANCE.
Club shall maintain at all times during the term of this Agreement insurance as required by
the attached Insurance Schedule A.
2
SECTION 9. INDEMNITY.
Club agrees to indemnify and hold harmless City, its officers and employees, from any and
all damages or claims whatsoever, to persons or property, arising out of this Lease
Agreement or by reason of Club's use or misuse of the Leased Premises.
SECTION 10. ASSIGNABILITY.
Club 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 custody,
management or operation of the Leased Premises or any part thereof.
SECTION 11. TERMINATION.
11.1 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 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 to assume exclusive use and control thereof.
11.2 This Leased Agreement may also be terminated by City upon sixty (60) days written
notice to Club for any reason deemed appropriate by City.
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.
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.
CITY OF DU QUE, I A TRI-STATE MODELERS
By. • ~~
Roy D. uol, Mayor gy ~~ ~~
Kevin S. €irnstahl, Asst. City Clerk
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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 $2,000,000
Products-Completed Operations Aggregate Limit $1,000,000
Personal and Advertising Injury Limit $1,000,000
Each Occurrence Limit $1,000,000
Fire Damage Limit (any one occurrence) $ 50,000
Medical Payments $ 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.
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 $100,000
Each Employee -Disease $100,000
Policy Limit -Disease $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
^ Certificate of Liability Insurance (2 pages)
^ Designated Location(s) General Aggregate Limit CG 25 04 03 97 (2 pages)
^ Additional Insured 20 26 07 04
^ Governmental Immunities Endorsement