Signed Contract_Dbq Children's Zoo Booster's Lease Agreement THE CITY OF Dubuque
DUCity
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Masterpiece on the Mississippi 2007.2012.2013
TO: Michael C. Van Milligen, City Manager 4✓"
FROM: Marie L. Ware, Leisure Services Manager
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SUBJECT: Approval of Lease Agreement with Dubuque Children's Zoo Boosters, Inc.
DATE: February 25, 2016
INTRODUCTION
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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.
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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
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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
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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.
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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
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LEASE AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
DUBUQUE CHILDREN'S ZOO BOOSTERS, INC.
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S SE AGREEMENT, dated for reference purposes the Z - day of
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, 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.
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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
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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.
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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
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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.
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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
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INSURANCE SCHEDULE A
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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.
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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
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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
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