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Signed Contract_Dbq Children's Zoo Booster's Lease Agreement THE CITY OF Dubuque DUCity B E Masterpiece on the Mississippi 2007.2012.2013 TO: Michael C. Van Milligen, City Manager 4✓" FROM: Marie L. Ware, Leisure Services Manager o�y SUBJECT: Approval of Lease Agreement with Dubuque Children's Zoo Boosters, Inc. DATE: February 25, 2016 INTRODUCTION 7 The purpose of this memorandum is to request approval of the attached lease agreement with Dubuque Children's Zoo Boosters, Inc. for a designated area of Franklin { D. Roosevelt Park. BACKGROUND The Dubuque Children's Zoo Boosters, Inc.- leases approximately ten acres of Roosevelt Park on North Cascade Road to operate the Storybook Hill Children's Zoo. Significant improvements have been made and continue to be made to the buildings and grounds and to the care of the animals. The Zoo has become one of the treasures of the community and is included in the Roosevelt Park Master Plan. i This area has been leased to the Zoo Boosters for many years and the current lease runs through April 30, 2016. DISCUSSION Last year the lease was renewed for a five-year timeframe that had renewal clauses each year of the five years. The 2015 lease was approved by yourself and the City Council. At the 2016 renewal it was discovered by City Clerk Kevin Firnstahl and City Attorney Barry Lindahl that proper procedure for a lease with a duration of five years would have been to have had a public - hearing however we did not do it at that time. It was something missed by all three of US. In consulting with Barry he felt the best way to rectify this error was to draft a new lease for 2016 that is a three year-lease. This does not require a public hearing. We 1 consulted with the Dubuque Children's Zoo Boosters and they approve of a three-year lease. All other terms of the lease are the same. RECOMMENDATION I recommend approval of the lease agreement with Dubuque Children's Zoo Boosters, Inc. Your signature is required on the agreement. MLW:et attachments: Lease Agreement f Request letter copy: Steve Fehsal, Park Division Manager ii Y u� N rl i d 2 gA m 45 January 14, 2016 Marie Ware Leisure Services Manager I 2200 Bunker Hill Road Dubuque, IA 52001 Dear Marie: q The Board of Directors would like to renew the lease for the Zoo for the period of May 1, 2016 to April 30, 2017. i Good things continue to happen at the Zoo, Thanks to grants from the Dubuque Racing Association, both barns have been improved, an asphalt walkway has been created, renovation of the duck pond, and new siding and windows for the General Store, screening installed on the open air pavilion, the entrance road and parking lot have been asphalted, we added a shuttle vehicle to transport the disabled and elderly around the property so they can experience the Zoo with loved ones, and we have renovated the pavilion. Please come visit this summer and see these improvements. Your support is appreciated. Sincerely, Gi D. pence Secretary Storybook Hill Children's Zoo 563.5&8.2551 975 Grove Terrace Dubuque,IA 52001 www.storybookhillzoo.com I a II 1 d 4 i LEASE AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND DUBUQUE CHILDREN'S ZOO BOOSTERS, INC. a S SE AGREEMENT, dated for reference purposes the Z - day of EA , 2016, is made and entered into by and between the City of Dubuque, Iowa (City), whose address for the purpose of this Lease Agreement is 2200 Bunker Hill Road, Dubuque, Iowa, and Dubuque Children's Zoo Boosters, Inc. (the Zoo Boosters), whose address for the purpose of this Lease Agreement is 1724 Geraldine Drive, Dubuque, Iowa. �i WHEREAS, City is the owner of a public facility known, called and named Franklin D. Roosevelt Park (the Park); and WHEREAS, Zoo Boosters desires to lease a section of the Park, shown on Exhibit A (the Leased Premises), from City to operate a children's zoo (the Zoo); and 'I WHEREASjt is deemed to be in the best interest of both parties to this Lease a Agreement and to the public in general that Zoo Boosters lease the Leased Premises. NOW, THEREFORE, the parties hereto mutually agree that City hereby leases to Zoo Boosters the Leased Premises upon the terms and conditions set forth herein. SECTION 1. TERM OF LEASE AGREEMENT. This Lease Agreement is for a term of one(1)year commencing May 1, 2016, and terminating at midnight on April 30, 2017.This Lease Agreement may be renewed upon mutual agreement of the parties for two (2)one- year terms commencing May 1, 2017 and May 1, 2018 provided the parties agree in writing for each such extension by March 1 of the initial term and any subsequent term. SECTION 2. RENT. The annual rental of one dollar($1.00) must be paid to City by Zoo Boosters on or before the 1st day of May, 2016 and on May 1 of each renewal term. SECTION 3. USE OF THE AREA. Zoo Boosters agree that during the term of the Lease Agreement, the Leased Premises will be used exclusively for zoo purposes. Animals displayed at the Leased Premises are limited to domestic/farm type animals. No animals may remain at the Leased Premises between October 1 st and May 1 st of each year of this Lease Agreement. SECTION 4. GROUNDS AND BUILDING MAINTENANCE. 4.1 Zoo Boosters are responsible for parking lot maintenance, well maintenance and repair, septic system maintenance and repair, and playground and picnic area development and maintenance at the Leased Premises. City will provide trash pickup on a schedule to be determined entirely at City's discretion. 020916bal a 4.2 Zoo Boosters are responsible for all grounds maintenance and improvements, including but not limited to grass cutting, walkway, tree, flowerbed, and general grounds maintenance at the Leased Premises. 4.3 Zoo Boosters are responsible for all building maintenance 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 at the Leased Premises. 4.4 Any improvements made by Zoo Boosters must remain on the Leased Premises upon termination of this Lease Agreement, and will then become the property of City. Any proposed material improvements or modifications to the Leased Premises must be submitted in writing to the Leisure Services Manager for approval, which approval may not be unreasonably withheld. 4.5 All improvements made by Zoo Boosters 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 City of Dubuque Park and Recreation Commission. SECTION 5. STAFFING. Zoo Boosters must provide competent and qualified staff under appropriate supervision to plan and implement its activities and to care for the zoo. i i SECTION 6. MANAGEMENT AND CONTROL. The sole management authority and control of the Leased Premises is by Zoo Boosters. SECTION 7. MONIES AND CONTRIBUTIONS. Zoo Boosters agree that all monies and contributions derived from the Leased Premises will be used to operate, maintain, and improve the zoo. SECTION 8. CARE AND DISPLAY OF ANIMALS. 8.1 Zoo Boosters agree to comply with all federal, state and local laws for the care of animals displayed at the zoo. All federal, state and local licenses or permits for the confinement and exhibition of animals must be obtained by Zoo Boosters and copies thereof must be furnished to City. 8.2 All animals must be displayed in a cage or pen in such a manner as to prevent human contact. The cage or pen must be fenced in such a manner.to prevent humans from reaching into the cage or pen. The petting of animals by visitors to the zoo must be strictly prohibited, except for the petting of goats and horses, which may be displayed in i such a way to allow petting. Any animal found dead must be removed by Zoo Boosters from the Leased Premises immediately. SECTION 9. INSURANCE. Zoo Boosters must maintain during the term of this Lease Agreement insurance as set forth in the attached Insurance Schedule A. 2 SECTION 10. ASSIGNABILITY. Zoo Boosters may not assignor transfer any interest in this Lease Agreement without the prior written approval of City. Such prohibition includes contracts with third parties for the custody, management or operation of the Leased Premises. 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 it is 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 has the right to enter the Leased Premises and assume exclusive use and control thereof. 11.2 This Lease Agreement may also be terminated by City, upon sixty(60)days written notice to Zoo Boosters, if the Park is sold or the Leased Premises is needed, in City's sole discretion, for any purpose deemed appropriate by City. i 11.3 Upon termination of this Lease Agreement for any cause whatsoever,Zoo Boosters, at the option of City, agree 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 Zoo Boosters. Signed in duplicate by the parties hereto. CITY OF DUBUQUE, IOWA DUBUQUE CHILDREN'S ZOO BOOSTERS, INC. By: By: Michaef C. Van Milligen Gil D. Spence, Secretary City Manager ATTEST: By: KevirA S. FirnstaHl, Clerk 3 i I� a '� '' •..-.., - f aye.".„t I��,�f�\a f � �� .:. {r Ipp ``.�. 'i.$A ”' ^roY&�"F s$�'�,°' •' �" �l'�� ,i�� a d .:�_.°�,�,-..�--'—'- w. q `a.kro al .�rd� ,�+f.a11�.�u.u14 re s�� , •Fsw�A + `( r . �,�- ,a�`.0 ��o 1Ci' �M 114 i �fi•� j M dia', � Y. � � ""3 14 P ` ipm�aq1&-Zr i w R w. �ffrr �iit �� �r � � mgr, • �� „, -may,, ; g_p�e 9461, �,� '� r 1 � ".a�` ""P F:iR Nfa-t�' lry n ?"C d ice Ps""�f sYr� r l{r1a !i f 4?k11qty y ��F' �. Yt t�,,tirf�rw r t �k�`•rir r"'y 'L ff� f fi� �„ �{'0 � �'j,rRr�,9'�.r � �,�.�'T�1 � '�14:r^ `tis•7h e, � '"I,FiCAis ,�f'� s7;..e 1f #d�`�.�v'r' +,d >i7��'"t',�'� � �s ,^'.,.� :�` i1 � Ir��. 1, �^;� � ;u ��4 fig^�a3-�s� v fl1' � t�rt 7 r tY � I! 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'�. .ti.3.: :'� :....,�. a F;...__„• _."•r ? ���" s ..gym"° _ Roosaiiielt Park C011Fk erC2q I 5 V i� 1 I 3 9 INSURANCE SCHEDULE A i l h y z 6 d a City of Dubuque Insurance Requirements for Tenants and Lessees of City Property or Vendors(Suppliers,Service Providers),and Right of Way Permit Holders Insurance Schedule A 1. 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 prop" and Right of Way Permit Holders shall submit an updated COI annually.Each Certificate shall be prepared on the most current ACORD form approved by the Department of Insurance or an equivalent.Each certificate shall include a statement under Description of Operations as to why issued.Eg: Project # or Lease of premises at or construction of or right of way permitted location and description Z. 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.Besfs 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. li 5. All required endorsements to various policies shall be attached to Certificate of insurance. 6Whenever 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 Is form.. 7. Provider shall be required to carry the minimum coverage./limits,or greater if required by law or other legal agreement,in Exhibit 1. 8. Whenever an ISO form is referenced the current edition of the form must be used. If provider's limits of liability are higher than the required minimum limits then the provider's limits shall be this agreement's required limits. Page I of 3 Schedule A Property Or Vendors January 2016 7 it of Dubuque Insurance Requirements for Tenants and Lessees of City Property or Vendors(Suppliers,Service Providers),and Right of Way Permit Holders Insurance Schedule A ( ontinued"I Exhibit I A) COMMERaAL GENERAL LIABILFTY General Aggregate Limit $2,000,000 Products-Completed Operations Aggregate Limit $1,000,000 Personal and Advertising Injury Limit $110001000 Each Occurrence $1,0W1000 Fire Damage Limit(anyone occurrence $ 50,000 Medical Payments $ 51000 a) Cover-age shall be written an an occurrence,not claims made,form.The general liability coverage shall be written in accord with ISO form 0GO001 or business owners form BP 2, 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 CIS 25 04"Designated Location(s)General Aggregate Limit," c) Inefude endorsement indicating that coverage is primary and non-contributory. II d) include endorsement to preserve Governmental Immunity.(Sample attached). e) Include an endorsement that deletes any fellow employee exclusion. 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 volunteer&Use ISO form CIS 20 10. (Ongoing operations). g) if vendor utilizes Tnkkes or Segways in the conduct of business,include an endorsement reflecting that these vehicles are not excluded from Commercial General Liability coverage. B) WORKERS'COMPENSATION&EMPLOYERS LIABILFTY Statutory benefits covering all employees injured on the job by accident or disease as prescribed by Iowa Code Chapter 85 as amended. Coverage A Statutory—State of Iowa Coverage B Employers Liability Each Accident $100,000 Each Employee-Disease $100,000 Policy Urnit-Disease $500,000 Policy shall include an endorsement providing a waiver of subrogation to the City of Dubuque. Page 2 of 3 Schedule A Property Or Vendors January 2016 City of Dubuque Insurance Requirements for Tenants and Lessees of City Property or Vendors(Suppliers,Service Providers),and Right of Way Permit Holders Preservation of Governmental Immunities Endorsement 1. Nonwalver 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 itis 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 atter the coverage available under the policy. &�� -111111-14h. SPECIMEN Page 3 of 3 Schedule A Property Or Vendors January 2016 9