Loras College Usage Agreement for Petrakis Field Copyright 2014
City of Dubuque Consent Items # 20.
ITEM TITLE: Loras College Usage Agreement for Petrakis Field
SUMMARY: City Manager recommending approval of the Usage
Agreement with Loras College for Petrakis Field.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve
ATTACHMENTS:
Description Type
Loras College Usage Agreement for Petrakis Field- City Manager Memo
MVM Memo
Memo - Usage Agrmt with Loras College Staff Memo
Agreement Supporting Documentation
THE CITY OF Dubuque
DUB E i"
Masterpiece on the Mississippi 2007.2012.2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Usage Agreement with Loras College for Petrakis Field
DATE: December 13, 2016
Leisure Services Manager Marie Ware recommends City Council approval of the Usage
Agreement with Loras College for Petrakis Field. This is an extension of the current
agreement.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Zia/
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Crenna Brumwell, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Marie L. Ware, Leisure Services Manager
THE CITY ODubuque II-A
U Bi
E
;111 I.mericaCi i
Masterpiece on the Mississippi 2007-2012-2013
TO: Michael C. Van Milligen, City Manager
FROM: Marie L. Ware, Leisure Services Manager
SUBJECT: Usage Agreement with Loras College for Petrakis Field
DATE: December 12, 2016
INTRODUCTION
The purpose of this memorandum is to request City Council approval of the Usage
Agreement with Loras College for Petrakis Field. This agreement is an extension of the
current agreement.
BACKGROUND
Loras College approached former Recreation Division Manager Pat Prevenas in the late
1980's asking if Petrakis Field could be used as their home field. Loras was developed
a soccer program and converted their baseball field into a soccer field. The Loras
usage schedule does not conflict with any other user group.
This partnership has been very beneficial to both of us.
1. Loras has shared the cost of replacing the dirt portion of the infield and other general
field improvements.
2. Loras has totally funded the construction of dugouts.
3. Loras has totally funded the screening of the outfield fence so batters can better see
the ball as it leaves the pitcher's hand.
4. Loras has totally funded the installation of padding on the outfield fence to protect an
outfielder that reaches over the fence to catch a fly ball.
5. Loras provides a tarp to cover the infield when rain is forecasted.
Non-Loras users have benefitted from the improvements made to the field. Those
improvements were made with Loras sharing, or paying all, the costs of those
improvements.
Loras uses the field as a practice and game site. Their main season is in the spring,
ending mid-May. They come back in the fall for practice from early September to late
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October. These dates do not conflict with other users. In 2016 there were 66 games
played on the field:
games revenue
• Loras varsity 16 n/c
• Loras J.V. 5 n/c
• Dubuque Little League 1 n/c
• Wahlert High School (free of charge) 24 n/c
• East Dubuque Hawks 4 $ 80
• Dubuque Budweisers 7 $212
• Dubuque Packers 7 $164
• Senior High School 2 n/c
TOTAL 66
Rental rates for Petrakis Field are $10 per hour plus $12 per hour with lights.
Priority scheduling of the field usage is given to Wahlert High School followed by the
East Dubuque Merchants and Dubuque Blues. All other users are scheduled as the
field is available. The Loras College does play at the same time as Dubuque Little
League in the early spring. Program Supervisor Brian Feldott works with the two
organizations to meet both of their needs in scheduling. In addition to the twenty-two
games shown above that Loras plays, they practice on the field around thirty times per
year.
Some history on our department's relationship with the local colleges and school system
may be helpful.
• COLLEGES: Loras College, Clarke College, and the University of Dubuque all use
some of our facilities and we use some of their facilities for our programs. We do not
charge each other any rental fees for this use.
The following facilities are (or have been) used by the colleges:
• Loras College: Petrakis Field (baseball field), Veterans' Memorial Park
softball fields for intramurals, and the practice area at the golf course for their
All Sports Camp.
• University of Dubuque: Bunker Hill Golf Course for a practice course for the
golf team, Flora Park volleyball and pickleball courts, and Veterans' Memorial
Park softball fields for intramurals.
• Clarke University: Bunker Hill Golf Course for a practice course for the golf
team, Veterans' Memorial Park softball field as their home field (per a use
agreement).
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We in turn use Loras and Clarke for our alumni basketball tournament, the Loras
pool for guard training, and the Loras Field House for our post-season basketball
tournament.
• DUBUQUE COMMUNITY SCHOOL DISTRICT: We have had a long relationship
with the school district where we use school facilities and they use our facilities at no
charge to the other. Without use of school gyms for our adult volleyball, basketball,
and open gym programs, those programs would not exist. The same is true for our
youth after school and after school sports programs. We also use different areas of
the schools for programs like cooking classes, dances, and after school programs.
Hempstead Pool has been made available for our use for a number of years,
providing an excellent lesson location and indoor open swimming during the winter
months. We also use the Hempstead tennis courts for youth lessons in the summer
and several school sites for our summer playground program.
In turn, the public schools use the Bunker Hill Golf Course for their golf teams,
Senior uses the Flora tennis courts, and the school system uses Petrakis Field to
host IHSAA baseball tournament games.
• HOLY FAMILY CATHOLIC SCHOOLS: Wahlert uses the Bunker Hill Golf Course
for their golf teams, Petrakis Field as their home field for games and a few practices.
We use Wahlert gym for two days for our alumni basketball tournament.
DISCUSSION
Loras College has used Petrakis Field as their home field for more than twenty-three
years and this Usage Agreement continues the arrangement we have had all these
years.
Highlights of the attached agreement include:
• Three-year agreement, no fee
• Loras will pay the costs of supplies, utilities, fuel and any other cost associated
with their use of the field.
• Any improvements they would like to the field will be done at their sole expense.
• Signage shall not be placed without approval of the City and will be displayed
only during times when the College is using the field.
• Loras will prepare the field for their play and maintain the area around the field.
• Loras will not have exclusive use but will be given scheduling priority.
This arrangement has been beneficial to both the City and Loras College over the years
and we have developed a great partnership.
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ACTION STEP
I respectfully recommend and request City Council approval of the extension of the
Usage Agreement with Loras College for Petrakis Field as it is one of our many
partnerships with Dubuque's education providers. This agreement meets the Council's
goals for Partnering for a Better Dubuque.
Prepared by: Dan Kroger, Recreation Division Manager
cc: Brian Feldott, Recreation Supervisor
attachment
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USAGE AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
LORAS COLLEGE
THIS USA E AGREEMENT (the Agreement) dated for reference purposes the
.d' day of ',' ; /f2/-2,---, 2016, is made and entered into between the City of
Dubuque, Iowa, a municipal corporation (City) and Loras College (College).
SECTION 1. PREMISES AND TERM.
1.1. In consideration of the terms, covenants, conditions and agreements set forth in
this Agreement, City hereby permits College to use the Petrakis Field, together with any
and all easements and appurtenances thereto and subject to any easements and
restrictions of record (the Premises), for a term of three (3) years commencing on
January 1, 2017 and terminating at 11:59 p.m. on December 31, 2019 subject to all
of the terms, covenants, conditions and agreements contained herein.
1.2. Termination. Subject to Section 7.1.2, either party may terminate this
Agreement for any reason with or without cause upon thirty (30) days written notice to
the other party. Upon termination, City shall have the right to enter the Premises and to
assume exclusive use and control of the Premises. Upon termination of this Agreement,
College agrees to surrender possession of the Premises in its condition as when first
permitted use, or to restore the Premises to substantially the same condition, ordinary
wear and tear excepted.
1.3. Condition of Premises. City shall deliver and College accepts the Premises in its
condition as of the date of this Agreement.
SECTION 2. FEE; UTILITIES AND OTHER COSTS. College shall not be required to
pay City a fee for the use of the Premises but shall pay all costs of supplies, utilities,
fuel and any other costs and expenses associated with College's use of the Premises.
SECTION 3. IMPROVEMENTS.
3.1 College Improvements. College shall not construct any improvements on the
Premises without the prior written approval of City. Upon termination of this Agreement,
City at its option and upon written notice may require College to remove any
improvements constructed by College from the Premises at College's sole expense and
College shall have ninety (90) days after such notice to complete such removal. If
College fails to remove the improvements within such ninety -day period, City may
cause the improvements to be removed and College shall pay the costs of such
removal within thirty (30) days of receipt of a statement therefore from City. Any
improvements shall be at College's sole expense. College shall consider sharing the
cost of improvements made to the Premises to benefit all users.
11-25-13ba1
3.2. Signage. College shall not place any signage on the Premises without the prior
written approval of City's Leisure Services Manager in the Leisure Services Manager's
sole discretion. Signage shall ony be displayed during times when College is using the
Premises.
SECTION 4. UTILITIES. College shall pay all utilities associated with its use of the
Premises.
SECTION 5. REPAIRS / MAINTENANCE. In connection with its use of the Premises,
College shall during the term of this Agreement, at College's own cost and expense,
keep the Premises free of litter, in good order, condition and repair, and shall repair any
damage done as a result of College's use of the Premises. College shall not use any
equipment nor materials owned by the City without the prior written approval of the
City's Leisure Services Manager or Recreation Division Manager.
SECTION 6. STORAGE.
Storage is an issue at the McAlleece Recreation Complex, acknowledged by both
parties and will be addressed during the term of this Agreement as follows:
4.1. During the baseball season as outlined in Section 8.1 City will provide access to a
secured garage on the premises of McAleece Recreation Complex, to University.
4.2. University agrees to insure the contents of the secured garage as outlined in
Section 9 and acknowledges City will not carry insurance on the contents.
4.3. University shall have the right to enter onto and travel across the property for
purposes of storing material. Material and equipment shall be limited to items
necessary and pertinent to operations and maintenance of a college baseball facility.
4.4. University agrees that is shall not store or process any hazardous material on the
property
SECTION 7. COMPLIANCE WITH LAW. During the term of this Agreement, College
shall comply with all applicable laws applicable to College's use of the Premises, the
breach of which might result in any penalty on City or forfeiture of City's title to the
Premises.
SECTION 8. USE OF LICENSED PREMISES.
8.1. College agrees that during the term of this Agreement, College's use of the
Premises shall be exclusively for college baseball games and practices. College shall
observe the following conditions:
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1) All games and practices shall be scheduled through City's Leisure
Services Department.
2) Use will be from March 1st through May 15th in the spring, and
September 1st through October 15th in the fall, during which time City may only
terminate this Agreement for cause
3) College's usage of the Premises is not exclusive, but the use by the
College shall have priority over all other uses.
SECTION 9. INSURANCE.
9.1. College shall at all times during the term of this Agreement maintain insurance
as set forth in the City's standard Insurance Schedule for Lessees of City Property, a
copy of which is attached to this Agreement.
9.2. College shall deliver to City promptly after the execution and delivery of this
Agreement the original or duplicate policies or certificates of insurers satisfactory to City
evidencing all the insurance which is then required to be maintained by College
hereunder, and College shall, within thirty (30) days prior to the expiration of any such
insurance, deliver other original or duplicate policies or other certificates of the insurers
evidencing the renewal of such insurance.
SECTION 10. INDEMNIFICATION.
10.1. Indemnification of City. Except as otherwise provided herein, College shall
protect, indemnify, and save harmless City, its officers, and employees (the Indemnified
Parties), from and against all liabilities, obligations, claims, damages, penalties, causes
of action, costs and expenses (including, without limitation, reasonable attorneys' fees
and expenses) imposed upon or incurred by or asserted against the Indemnified Parties
by reason of (a) any accident, injury to, or death of persons or loss of or damage to
property occurring on or about the Premises during the term of this Agreement and
resulting from any act or omission of College or anyone claiming by, through, or under
College during the term of the Agreement; and (b) any failure on the part of College to
perform or comply with any of the terms of this Agreement. In case any action, suit, or
proceeding is brought against the Indemnified Parties by reason of such occurrence,
College will, at College's expense, resist and defend such action, suit, or proceeding.
10.2. Indemnification of College. Except as otherwise provided herein, City shall
protect, indemnify, and save harmless College, its officers and employees (the
Indemnified Parties) from and against all liabilities, obligations, claims, damages,
penalties, causes of action, costs and expenses (including, without limitation,
reasonable attorneys' fees and expenses) imposed upon or incurred by or asserted
against the Indemnified Parties by reason of (a) any accident, injury to, or death of
persons or loss of or damage to property occurring on or about the Premises during the
term of this Agreement and resulting from any act or omission of City or anyone
claiming by, through, or under City during the term of the Agreement; and (b) any failure
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on the part of City to perform or comply with any of the terms of this Agreement. In
case any action, suit, or proceeding is brought against the Indemnified Parties by
reason of such occurrence, City will, at City's expense, resist and defend such action,
suit, or proceeding.
SECTION 11. ASSIGNMENT AND SUBLETTING. College shall not assign or
transfer this Agreement.
SECTION 12. NOTICES.
12.1. All notices, demands, or other writings in this Agreement provided to be given
or made or sent, or which may be given or made or sent, by either party to the other,
shall be deemed to have been fully given or made or sent when made in writing and
deposited in the United States mail, registered and postage prepaid, and addressed as
follows:
TO CITY: City Manager
City of Dubuque, Iowa
50 West 13th Street
Dubuque, Iowa 52001
TO COLLEGE: Office of the President
Loras College
1450 Alta Vista Street
Dubuque, IA 52001
11.2. The address to which any notice, demand, or other writing may be given or
made or sent to any party as above provided may be changed by written notice given
by the party as above provided.
CITY OF DUBUQUE, IOWA
By:
./
Roy D. Buq Mayor
Attest:
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Kevin S. Firnstahl, City Clerk
LORAS COLLEGE
By:
James E. Collins, President
072809ba1
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City of Dubuque Insu rano*Requirements for Tena nis and Lessees of City Property or
Vendors(Supp Iie vs,Service Providers),or Right of Way Permit Holders
Insurance Schedule A
1. shalt furni-sh a siylxd CertYfaet of Insurance Icoq to the city el Dubuque.Iowa for
the coverage required in Exh@It I prlor to contract a lease All lessees ofCl[y property
and RIghl of Way Pemir hidden shall submit an updated Cos annWlly.Each Certificate shall be preps rod
on the most WFinimt AOOR D faro approved by the Department of Insurance a an equhea lent.Each
certlRcate sha l l Induce a statement under DesurptrM Of Operations as to why icsued.Eg! Prole ct
R Or Leasa Of pferstists at G 60%uruelien OI M rWt of way
permitted lora Hon and des Apucn
]. AN Pd:[ies of ibiurelwa feq weed hewmder shMI.be wYH a lamer auth6eaed w,do"fel-a In Ipwd and
all Carriers shall have a rating of AOr better In the current A.M.Des Cs Rating Guide.
3_ Each e,"ffcate shall be furnished W the contract hsg department of the Cityof Dubugme-
a_ Failure to prey rde minimum coverage shall not be deemed a"icer of these requirements by the City of
Oubuque. Failure to obtain or maintain the required insurance she II be considered a material breach of
thrs"memerrt-
5. AN roqulred aradorse mems to xarfous ydicfes shall be attached tc Cereffuto of fldrnrante.
G Wfenever a spedgc ISO form Is listed,an eq ulvalent form maybe sul strtuted subject to the provider
ide rttffyinif a nd RFting in w+Tng 411 deyiadons and exclu sims avt d Iffer from the 150 form.
7. Provider shall he requlred to carry the minlmum r Fy geAlmi6,or greater It required by taw yr other
legal agreements fn Exhibit 1.
S. whenmr an Mform is referenced the current edition of the form must be udad. If proyldai'f limits of
Ilabillty a re higher than the required minYnum Imrts Hien the prwlder's limits shell be this agreements
required ilmlts.
Page 1 of 3 Schedule AProperty Or VeMas May 2016
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City of Dubuque Insurance Requirements for Tenants and Lessees of City Property or
Vendors(Suppliers,5e rvice Providers),or Right of Way Permit Holders
Insurance Schedule A (continued)
Exhibit I
A) COMMERCIALGENEMfLLLIABILITY
General AWagate Limi[ 51, O WO
PrcdumCompieTed Operations Agpega te Limit $1,000,0W
Pergonal and Adwertisrng lnfury Limit SL,000AW
Each Dk rmnce MIDW)OW
Fire Damage Limit Jany one o[ mnm) S 50,000
Medreal Paymuns S 5,000
a) Coverage shell be wvrtten on en oo:wwnpe,not claims made,fon&The general liability
vvveraga shall be written In accord with ISO fwm 1760001 or business Dorms form BP0002.
AJ deviations from the 5tande rd 150 commercial gereral Ira!bILly form CG 0001,n Business
❑wners fvrnl UP 0007 9411 bt Shari y iderrikil.
bl IMude ISO endorsement Form CG 25 06"Designated LocaHor{s}General Aggegat a Llml t"
Cj Induds gndgriunwrit IfdiQlTing loll[overage is prinwry arta r4N-wn[nwwffy.
dl Include endorsement in preserve Gwemmemal Immunity-1Sampie attached).
e) Indudar in endorsEn int Shit drleom any fellow employee Wuslon.
q IndLde addltimal Ensured endorsement Fa:
The Clly of Dubuque,MI dW all Its elected and appal nted DFAdals,all its employees
and vola MINOM,all its boards,OCnlmi"FUIS and/or authontiie i and dWr bwrd rMmberl,
employees and wlu nteers-Ilse 150 Foam CS 20 IA(Ongd ng openadons)OF its
Epu+vare.nt,
g) If vendor utllhes Trikkes Or 5egways in to mild sect of busln esc,hxlude an endorsement
reneSting that these vewdesa re not e0vded frim Commercial Gawall Liability�rage.
B) WORKERS COMPENSATION&EMPL(3YERSIIABILITY
Statutory beneRts covering all employees Injured on the Job by aoddem Or cirsease as prescribed by
Irn Code Chapter$S as a mended.
Coverage A $utiUtwv—$uae of Iowa
Coverage 6 Employers Liability
Each AOtident SIOUX
Each Employee-Disease $1.00,0110
aollryllmrt-OSaease "WAW
Pdicy shall include an endorsemerq prcyMing a waiver of subr OgebPn to the Gry of Dubugve-
C) Poll wk LlahliiN Coverage required: _yes no
Ppllutivn Liabl1ity wwoge 5ha11 t e rNi fired R lomt has any Nlwtk;n papourm rnduding
abatemen t of haurdous or oorna mlrwn ed materials lnduding,but riot Kiri ted to petroleum products,
the remoral of lead.asbestos,or KB5.Polludon product and oomplete operatiom[average Shall
also be covered.
S2,D QDW each oaurnmce
S4,01k,0130 policy aggepte
a) Policy to induce premises a rd transpormKon m rage.
b) IndWe ad drdonal insured a s stated In AF above
c) Indude vneservatim of governmental immunity as stated in Ad above.
d) Provide evidence of coverage for 5 years after mm pretion of projea.
Page 2 of 3 Schedule A Prpperry Or Vendors May 201$
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City of Dubuque Insurance Requirements for Tenants and Lessees of City Property or
Vendors[Suppliers,5e rvice Providers],or Right of Way Permit Holders
Preservation of Governmental Immunities Endorsement
1. Nonwa iver of Governmental Immunity.The insum Doe carder expressly agrees and states that the
purchase of this policy and the including of the City of Dubuque, Iowa as an Additional Inwred does
not wa ire any of;he defenses of gpverrmenul immunity available to the City of Dubuque, Iowa
under Cod&of Iowa Section 670.4 as it is now exists and as it may be amended hom time to time.
2. Claims Coverage.The imurance carrier further agrees that this policy of imurarKe shall cover only
those claims not subject to the defense of governmental immunity under the tode of Iowa Section
670.4 as it naw exists and as it may be amended from time to time.Tlwse claims not subject to
Code of Iowa section 570.4 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 torasserting arty
defense of governmental immunity,and may do so at any time and shall do so upon the timely
written request of the insurance cancer.
6. Non-Denial of Coverar e.The mm5 nce carrier shall npt den y coverage under thispolicy and the
insurance carrier shall not deny any of the rights and beneh is accruing to the City of Dubuque,Iowa
under this policy for reasons of govemmental immunity unless and until a oourtof competent
jurisdiction has ruled in Nwr of the defenselsl of governmental immunity asserted by the City of
Dubuque,Iowa.
No Other Chaney in Poll". The above preservation of governmental immunities shall not otherwise
change or alter the coverage ava ilatlle under the policy.
SPECIMEN
Page 9 of 2 Schedule AProperty Or Vendorf May 2016