Signed Contract_Tri-State Modelers Lease Agreement THE CITY OF Dubuque
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Masterpiece on the Mississippi 2007.2012+2013
TO: Michael C. Van Milligen, City Manager
FROM: Marie L. Ware, Leisure Services Manager
SUBJECT: Approval of Lease Agreement with Tri-State Modelers
DATE: February 25, 2016
INTRODUCTION
The purpose of this memorandum is to request approval of the attached lease
agreement with the Tri-State Modelers for a designated area of Franklin D. Roosevelt
Park.
BACKGROUND
The Tri-State Modelers have used this section of Franklin D. Roosevelt Park for over
forty years. The Modelers built the landing strip in 1975. A formal lease was initiated in
1992 and it has been leased to the Club since then. The Roosevelt Park Master Plan
includes this area of the park for the purpose of a model airplane area.
Over the years, the Tri-State Modelers have been a good partner organization with the
Leisure Services Department. They have a quality operation and provide a good
service to the community of a recreational activity not provided by others. This property
is a good location for their activity because they are removed from neighbors. They
have invested money, time and talent into the landing strip and take great pride in their
club.
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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.
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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
consulted with the Tri-State Modelers 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 Tri-State Modelers. Your signature
is required on the agreement.
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attachments: Lease Agreement/ Request Letter
copy: Steve Fehsal, Park Division Manager
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Iowa,Illinois&Wisconsin
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January 14, 2016
Eileen Trimble
Leisure Services Department
City of Dubuque
2200 Bunker Hill
Dubuque, IA 52001
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RE: FDR Park Flying Field Lease Renewal for 2016/2017
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Dear Ms Trimble:
This letter is to request renewal of the Tri-State Modelers lease for the FDR Park flying field for
the period May 1, 2016 through April 30, 2017.
Sincerely,
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Jerry Anderson, President
Tri-State Modelers
11180 John F Kennedy Rd
Dubuque, IA 52001
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LEASE AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
TRI-STATE MODELERS
MIS
LEASE AGREEMENT, dated for reference purposes the /,",(day of
, 2016, by and between the City of Dubuque, Iowa(City),whose address for the
pure se of this Lease is 2200 Bunker Hill Road, Dubuque, Iowa, and Tri-State Modelers
(Club), whose address for the purpose of this Lease is 11180 John F. Kennedy Road,
Dubuque, Iowa, 52001.
WHEREAS, City is the owner of a public facility known, called and named Franklin
D. Roosevelt Park (the Park); and
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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 j
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:
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SECTION 1. TERM OF LEASE.AGREEMENT. This Lease Agreement is for a term of 9
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- jl
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. !i
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SECTION 2. RENT. The annual rental of $300.00 must be paid by Club to City on or
before the 1 st day of May, 2016, and on May 1 of each renewal term.
SECTION 3. USE OF THE LEASED PREMISES. Club agrees that during the term of
this Lease Agreement, the Leased Premises will be used exclusively for the flying of
remote controlled model airplanes and associated activities. Club may 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 is 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 must maintain all grounds and improvements, including but not limited to grass
cutting, walkway, tree, flowerbed, and general grounds maintenance.
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4.3 Club must 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 may 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 will not be unreasonably withheld.
4.5 All improvements made by Club must 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 must pay the costs of all utilities serving
the Leased Premises and must keep the Leased Premises free of litter and trash at all
times.
SECTION 6. MANAGEMENT AND CONTROL. j
6.1 Club has the sole management authority and control of the Leased Premises. it
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6.2 Club must 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 must keep the control gate to the main section of the Park locked at all times.
Club must require that after each club member enters the Park, the gate must be locked by
such member.
7.2 Club must 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 must 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 may not hold any special events without the prior written approval of
City's Leisure Services Manager.
SECTION 8. INSURANCE. Club must maintain at all times during the term of this
Agreement insurance as required by the attached Insurance Schedule A.
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.
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SECTION 10. ASSIGNABILITY. Club may 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 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 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 to
assume exclusive use and control thereof.
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11.2 This Lease Agreement may also be terminated by either party upon sixty(60)days 1
written notice to the other party for any reason.
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. a
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CITY OF DUBUQUE, IOWA TRI-STATE MODELERS
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By. _ _. BY,(
Michael C. Van Milligen rry, Anderson, President
City Manager
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Kevints' rimtahl, City Clerk
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City of Dubuque Insurance Requirements for Tenants-and Lessees of City Property or
Vendors(Suppliers, Service Providers), and Right of We 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
2. All policies of insurance required hereunder shall be with a carrier authorizedto do business in Iowa and
all carriers shall have a rating of A or better in the current A.M.Bests Rating Guide,
3Each Certificate shall be furnished to the contracting department of the City of Dubuque. ji
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 BO 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 ISO 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 150 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
6
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 (continued)
Exhibit I
A) COMMERCIAL GENERAL LIABILITY
General Aggregate Limit $2,000,000
Products-Completed Operations Aggregate Limit $110DO1000
Personal and Advertising injury Limit $1,000,000
Each Occurrence $1,000,000
Fire Damage Limit(any one occurrence) $ 50,000
Medical Payments $ 510013
a) Coverage shall be written on an occurrence,not claims made,form.The general liability
coverage shall be written in accord with ISO form CGO001 or business owners form BPOO02.
Ali deviations from the standard W commercial general liability form CG 0001,or Business
owners form BP D002,shall be clearly identified.
b) Include LSO endorsement form CG 25 04'Designated Location(s)General Aggregate I
c) Include endorsement indicating that coverage is primary and non-contributory.
d) include endorsement to preserve Governmental Immunity.(Sample attached).
a) Include an endorsement that deletes any fellow employee exclusion.
f) include additional insured endorsement for=
Tile 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.Use 1-50 form CG 2010. (Ongoing operations).
g) If vendor utilizes Trikkes or Segways.in the conduct of business,include an endorsement
reflecting that these vehicles are not excluded from Commercial General Liability coverage.
8) WORE RS'COMPENSATION&EMPLOYERS LIABILITY it
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 $1()O,DOO
Each Employee-Disease $100,000
Policy Limit-Disease $500,DOO
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
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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
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 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 he 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 bythe City of
Dubuque,Iowa.
No Other Change in Policy.The above preservation of governmental immunities shall not otherwise
change or after the coverage available under the policy.
SAwlsk Aff—Aii
YLUIMEN
Page 3 of 3 Schedule A Property Or Vendors January 2016
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