IDOT Lease Agreement with Jule Operations Center for CDL Testing Course Copyrighted
May 7, 2018
City of Dubuque Consent Items # 17.
ITEM TITLE: lowa Departmentof Transportation (IDOT) Lease
Agreement with Jule Operations Center for CDL Testing
Course
SUMMARY: City Manager recommending approval to enter into an
agreement with the lowa Department of Transportation for
the use of the CDL course at the Jule Operations and
Training Center for Commercial Driver's License testing.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Approve
ATTACHMENTS:
Description Type
Jule Operations and Training Center Lease with lowa City Manager Memo
DOT-NNM Memo
Staff Memo Staff Memo
Lease Agreement Supporting Documentation
DOTSeIf-Insured Letter Supporting Documentation
THE CITY OF Dubuque
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: lowa DOT Lease Agreement at Jule Operations and Training Center
DATE: May 2, 2018
Transportation Services Director Candace Eudaley-Loebach recommends City Council
approval to enter into an agreement with the lowa Department of Transportation for the
use of the CDL course at the Jule Operations and Training Center for Commercial
Driver's License testing.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
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Mic ael C. Van Milligen �� �
MCVM:jh
Attachment
cc: Crenna Brumwell, City Attorney
Teri Goodmann, Assistant City Manager
Cori Burbach, Assistant City Manager
Candace Eudaley-Loebach, Director of Transportation Services
THE CITY OF Dubuque
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TO: Michael C. Van Milligen, City Manager
FROM: Candace Eudaley-Loebach, Director of Transportation Services
DATE: April 25, 2018
RE: lowa DOT Lease Agreement at Jule Operations and Training Center
INTRODUCTION
The purpose of this memo is to request approval to enter into an agreement with the lowa
Department of Transportation (DOT) for use of the CDL course at the Jule Operations and
Training Center for Commercial Driver's License (CDL) testing.
BACKGROUND
In 2017, lowa DOT began seeking a new location for testing due to the future relocation of their
maintenance facility. The original plans for the Jule Operations and Training Center included the
CDL training area and minimal changes to those plans were required to accommodate the lowa
DOT.
DISCUSSION
The agreement outlines the times and days of the week that the site will be used by the lowa
DOT. These times do not impede the Jule's ability to train its drivers as many new employees
complete their training in the evening.
The lowa DOT will paint and maintain the CDL testing markings at the site.
The agreement has been reviewed by City Attorney, Crenna Brumwell, and the finance
department has reviewed and approved the self-insured insurance status of the lowa DOT.
BUDGET IMPACT
Revenue for the site was estimated at $24,000 per year through the Fiscal Year 2019 budget
process. The lease with lowa DOT will result in $18,420/year. Staff will continue to explore other
lease opportunities for the indoor and outdoor training spaces at the facility.
RECOM MENDATION
I recommend approval of the lease agreement.
cc: Jenny Larson, Budget Director
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SMARTER I SIMPLER I CUSTOMER DRIVEN WWW'IOWaCIOt.gOV
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Motor Vehicle Division
6310 SE Convenience Blvd
Ankeny, lowa 500021
April 9, 2018
To whom it may concern:
This is to advise the lowa Department of Transportation is a self-insured government entity.
Accordingly, any claims against the Department of Transportation shall be processed pursuant to the
provisions contained in the 2017 Code of lowa, Chapter 669, the lowa Tort Claims Act.
This letter will be the official document to satisfy any clause that requires the Department of
Transportation to provide proof of insurance.
If you have any questions, please advise.
Regards,
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�� KEVIN BEICHLEY -
CHIEF FINANCIAL OFFICER - MVD
DEPARTMENT OF TRANSPORTATION
Office: 515-203-7863 f lowa Department ofTransportation
Fax: 515-239-1837 y @iowadot
www.iowadot.�ov kevin.beichlev@iowadot.us
County Dubuque
City Dubuque
Iowa DOT Agreement No. 2018 -
Iowa DOT Staff Action No.
LEASE AGREEMENT
This lease agreement ("Agreement") is entered as of the last date of signature indicated below
by and between the CITY OF DUBUQUE, IOWA, an Iowa municipal corporation
("LANDLORD"), and the IOWA DEPARTMENT OF TRANSPORTATION, an
administrative agency of the State of Iowa ("TENANT").
1. DESCRIPTION OF FACILITY. LANDLORD hereby agrees to lease to TENANT that
portion of the Jule Operations and Training Center facility ("Facility") owned by the City
located at 949 Kerper Blvd, Dubuque, Iowa 52001, depicted on "EXHBIT A" attached
hereto and made a part hereof by this reference, during such times and pursuant to such
terms and conditions as set forth in this Agreement.
2. TERM OF LEASE. The term of the lease shall commence the 15th day of May, 2018 and
shall terminate the 30th day of April, 2021, unless earlier terminated pursuant to the terms
of this Agreement.
3. RENT. TENANT agrees to pay to LANDLORD as rent for said term, the sum of ONE
THOUSAND FIVE HUNDRED THIRTY FIVE and 00/100 Dollars ($1,535.00) per
month, in advance, the first such payment being due on or before the 1st day of June, 2018,
with each subsequent payment being due, in advance, on or before the 1St day of each month
thereafter during the term of this Agreement. All rental payments shall be paid to
LANDLORD at City Hall, or such other place as LANDLORD may from time to time
designate in writing.
4. POSSESSION AND USE; CARE AND MAINTENANCE. TENANT shall be entitled
to non-exclusive possession and exclusive use of the Facility during the term of this
Agreement Tuesday through Friday of each week from 8:00 AM to 5:00 PM, and Saturdays
from 8:00 AM to 1:00 PM (or as otherwise mutually agreed by the parties) for purposes of
utilizing the facility to perforin Commercial Driver's License ("CDL") testing.
LANDLORD shall be responsible for the reasonable care and maintenance (but not
improvement) of the Facility including but not limited to snow removal. TENANT shall
paint and maintain course markings on the site.
LANDLORD shall provide the TENTANT with keycard or key access during the hours
described in the Agreement. Access will include use of restrooms and use of a secured
storage space for the exclusive use of the TENANT sufficient to securely store electronic
tablets. Storage space for traffic cones necessary to administer CDL testing will also be
provided. . The TENANT shall have the ability to lock the secured storage space, and the
LANDLORD will provide electrical outlet access in the storage space sufficient to charge
electronic tablets. LANDLORD shall restrict access of the storage space to individuals
providing reasonable care and maintenance to the facility which necessitates access to the
storage space.
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5. ASSIGNMENT AND SUBLETTING. This Agreement shall not be assigned or
subleased without prior written consent of both parties.
6. INSURANCE. TENANT represents that it is self-insured for property damage and
premises liability to a sufficient extent to fully protect LANDLORD relative to activities
authorized to take place at the Facility under this Agreement.
7. LIABILITY AND INDEMNIFICATION. TENANT shall, only to the extent consistent
with and permitted by Article VII, Section 1 of the Iowa Constitution and Iowa Code
Chapter 669, indemnify LANDLORD from and against any claim, as defined in Iowa Code
Section 669.2, caused directly by the negligent or wrongful acts or omissions of any
employee of the State of Iowa while acting within the scope of the employee's office or
employment in connection with the performance of this Agreement. LANDLORD agrees
that any claim for which indemnification is sought pursuant to this Section will be subject
to the provisions of Iowa Code Chapter 669 and 543 Iowa Admin. Code 1 including,
without limitation, those provisions which address the making and filing of claims. If
TENANT makes any indemnity payments to LANDLORD pursuant to this Section and
LANDLORD thereafter collects or recovers all or a portion of such amounts from any
person or third party, including from any insurance carrier, LANDLORD shall promptly
repay such collected or recovered amounts to the TENANT.
8. THIRD PARTY BENEFICIARIES. The parties agree no third -party beneficiaries shall
be created by this Agreement.
9. NON -SUITABILITY OF FACILITY FOR CONTINUED USE. In the event the
Facility is rendered unsuitable for continued use for the purposes set forth in this
Agreement due to no fault of either party, including but not limited to any directive by the
State of Iowa or the United States of America, or any of their respective departments or
agencies, this Agreement shall automatically terminate and be of no further force or effect.
10. TERMINATION. This Agreement shall terminate prior to its stated expiration date under
any of the following conditions: (a) mutual written agreement of the parties; (b) resurfacing
of the Facility by LANDLORD with no less than thirty (30) days' advance written notice
to TENANT; or (c) no less than thirty (30) days' advance written notice by LANDLORD
that TENANT's use of the Facility is subjecting the Facility to unreasonable wear and tear.
11. RIGHTS CUMULATIVE. The various rights, powers, options, elections, and remedies
of either party, provided in this Agreement, shall be construed as cumulative and no one of
them as exclusive of the others, or exclusive of any rights, remedies or priorities allowed
either party by law, and shall in no way affect or impair the right of either party to pursue
any other equitable or legal remedy to which either party may be entitled as long as any
default remains in any way unremedied, unsatisfied, or undischarged.
12. NOTICES AND DEMANDS. Notices as provided for in this Agreement shall be given
to the City Administrator (for LANDORD) or DOT Executive Officer 3 (for TENANT),
at the respective addresses designated below unless either party notifies the other, in
writing, of a different address or contact. Without prejudice to any other method of
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notifying a party in writing or making a demand or other communication, such message
shall be considered given under the terms of this Agreement when sent, addressed as above
designated, postage prepaid, by certified mail.
13. PROVISIONS TO BIND AND BENEFIT SUCCESSORS, ASSIGNS, ETC. Each and
every covenant and agreement herein contained shall extend to and be binding upon any
successors or assigns of the parties.
14. DEFAULT, NOTICE OF DEFAULT, AND REMEDIES.
(a) Events of Default. Each of the following shall constitute an event of default by
TENANT:
1. Failure to pay rent when due.
2. Failure to observe or perform any duties, obligations, agreements, or conditions
imposed on TENANT pursuant to teiins of this Agreement.
3. Abandonment of the Facility. "Abandonment" means TENANT has failed to
engage in its usual and customary activities at the Facility for more than thirty
(30) consecutive calendar days during its period of possession and use as set
forth herein without providing LANDLORD prior written notice.
Notice of Default. LANDLORD shall give TENANT a written notice specifying
the default and giving TENANT ten (10) days in which to correct the default. If
there is a default (other than for nonpayment of a monetary obligation of TENANT,
including rent) that cannot be remedied in ten (10) days by diligent efforts of the
TENANT, TENANT shall propose an additional period of time in which to remedy
the default. Consent to additional time shall not be unreasonably withheld by the
LANDLORD. LANDLORD shall not be required to give TENANT any more than
three notices for the same default within any one year period.
(c) Remedies. In the event TENANT has not remedied a default in a timely manner
following a Notice of Default, LANDLORD may proceed with all available
remedies at law or in equity, including but not limited to declaring this Agreement
and the lease tetra to be terminated upon provision of written notice to
LANDLORD of such termination.
(b)
15. GENERAL PROVISIONS. In the performance of each part of this Agreement, time shall
be of the essence. Failure to promptly assert rights herein shall not, however, be a waiver
of such rights or a waiver of any existing or subsequent default. This Agreement shall
apply to and bind the successors in interest of the parties. This Agreement shall survive
the closing. This Agreement contains the entire agreement of the parties and shall not be
amended except by a written instrument duly signed by LANDLORD and TENANT.
Paragraph headings are for convenience of reference and shall not limit or affect the
meaning of this Agreement. Words and phrases herein shall be construed as in the singular
or plural number, and as masculine, feminine, or neuter gender according to the context.
If any term or provision of this Agreement is held to be invalid or unenforceable, the
remaining tents and provisions shall not be affected.
16. SEVERABILITY. If any provision of this Agreement or any portion hereof, is rendered
invalid by operation of law, judgment, or court order, the remaining provisions and/or
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portions of provisions shall remain valid and enforceable and shall be construed to so
remain.
17. COUNTERPARTS. This Agreement shall be executed in two (2) counterparts, each of
which when so executed and delivered, shall be deemed an original and all of which, when
taken together, shall constitute one and the same instrument, even though all parties are not
signatories to the original or the same counterpart. Furthermore, the parties may execute
and deliver this Agreement by electronic means such as .pdf or a similar format.
LANDLORD and TENANT agree that the delivery of the Agreement by electronic means
shall have the same force and effect as delivery of original signatures and that each of the
parties may use such electronic signatures as evidence of the execution and delivery of the
Agreement by all parties to the same extent as an original signature.
18. COUNCIL APPROVAL. This Agreement is made specifically contingent upon and
subject to the approval of the City Council of Dubuque, Iowa.
19. AUTHORITY. In the performance of this Agreement, LANDORD as a municipal
corporation, shall take all action legally required of a municipal corporation including, but
not limited to, the holding of any required public hearings and the passage of any required
resolutions, authorizing the Mayor to enter into this Agreement on behalf of the City of
Dubuque.
20. ADDITIONAL PROVISIONS. None if not listed in an addendum hereto.
21. EXECUTION. When and if executed by both LANDLORD and TENANT, this
Agreement shall become a fully enforceable and binding contract.
Dated this '`day of
LANDLORD
THE CITY OF UBUQUE, IOWA,
an Iowa muni r al rpor tion
By: By:
, 2018. Dated this day of , 2018.
TENANT
IOWA DEPARTMENT OF TRANSPORTATION
an administrative agency of the State of Iowa
Atte. ,,% Attest:
ty Clerk
Address: 50 W. 13th St
Address : 800 Lincoln Way
Dubuque, IA 52001 Ames, IA 50010
Telephone: 563-589-4341 Telephone: 515-239-1299
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EXHIBIT A
949 Kerper Blvd, Dubuque Iowa 52001
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