Loading...
Signed Contract_Release and Consent Form with the Jeffris Family Foundation Ltd. Copyrighted May 20, 2024 City of Dubuque Consent Items # 023. City Council Meeting ITEM TITLE: Signed Contract(s) SUM MARY: Lease Agreement with the Dubuque Water Sports Club; Release and Consent Form with the Jeffris Family Foundation Ltd. for funding a consultant to prepare a Historic Structure Report for masonry buildings within Eagle Point Park. SUGGESTED Suggested Disposition: Receive and File DISPOSITION: ATTACHMENTS: Description Type Dubuque Water Sports Club Supporting Documentation Jeffris Family Foundation Ltd. Supporting Documentation . ��,� e rls ��i�'1l�� �OUf"1C���1�1� P.a. Box �.�.60 �ar,es��iie, wi �354�-�160 ned�careu �� rvrr�,:. . ,:•. (�OS) 757-�039 Fax (608) 757 2352 info@jeffrisfoundation.org �� fils[orlc Pr'aserv�;_������ �! � � � April 19, 2024 City of Qubuque Attn: Michael Van Milligen, City Mar�ager 50 W. 13th Street Dubuque, IA 5200i Dear Mr, Van Milligen, We are pleased to ad�ise you that the JefFris Family Faunda�ion Ltd. (�he "Foundation'� has appro�ed a matching gran� (the "Granfi") to the City of ❑ubuque (the "City'�, in the amo�ant of �ifty thousand �ollars ($50,ODD) to fund forty percent (40%} of the estimated costs of�ngaging a consultant to prepare a Historic Stru�ture Report (a '�HSR") to assess the feasibility o€ and work reqUired for �he proposed restoration af three limestone masonry buildings used as picnic shelters within Eagle Point Park i� the City of Dub�aque, The Grant has been approved subject to the follawing conditions (a) The Founda�tion wifl pay the City the Grant amoUnt in the form of a check within twenty-one (21) business days after this ietter agreement has been signed by the City �elo+nr and returned to the Foundatian. The City's acceptance of the Foundation's check in payment of the Grant will constitute the City's representatian that, at the time of such payment, the City is a governrr�enta{ unit described in 5ections 17Q(b)(1)(A)(v} and 170(c)(1) ot the Ir�ternal Revenue Code, ar�d that the undersign�d has ti�e authority to execute this agreement on behalf of t}�e City. (b) The Grant is a matching grant that is solely intended ta fund forty percent (40%} of the cost of the HSR. The Grant is made upon the candition that, not later than six (6) months firom the date af this lette� {the "Matching Deadline'�, (i) the City shall have receEved "Efigible Matching Cantributions" (as hereafter defined) in an amo�nt of at least seventy-fi�e thousand dollars ($75,000), and {ii) the Ciry shall have provided the Foundation with evidenc� satisfactory to it that such Eligible Matchir�g Contributions have been recei�ed, In order to constitute an "Eligible Matching Contribution," a contribution must be made specifcally to fund th� HSR and must be in the form a�cash or marketable securities actt�ally received by 'the City on or before the Matching Deacil�ne. (c) The Ciiy shall use the Grant solely to pay the cost of the HSR. The Foundation has approved Wiss, )anney, Elstner Associates, Inc. to prepare the HSR, The City shall not�ngage any consultant not approved by the Fo�ndatio�. The City shall use reasonable efforts ta cause the cansultant to complete the HSR not later than six (6) months after the Matc�ing Deadlir�e. The City will provide (or cause the cons�ltar�t ta provide) a draft of the NSR to the Foundation for review and comment w�en it is approximately eighty pertent {80%) compkete and �hereafter when it is appraximateiy ninety-fi�e percent (95%) complete. , , . � April 19, 2024 Page: 2 (d) The time limit for completing the City's grant-assisted project will be one (1) year, commencing from the date of this letter. Should any prablems arise, a written request for an �xt�nsion of the praject must be subrriitted to the Foundation for consideratian within ten �10) days before the project end date. (e) The City shall provide the Foundation with such information concerning the HSR and the use of the Grant as the Faundation may from time to time request, and the City shall, in any e�ent, provide a copy af the final HSR to the Foundation withir� terr (10} days after its delivery to ti�e City. A hard copy of t�e Report shauld be submitted to the Foundation, c/o Thomas M. Jeffris, JefFris Family Foundation, Ltd., Post Office Bax 1150, Jan�svilfe, Wisconsin 53547-1160, and electronic copies of ti�e HSR shall be emai[ed to: tomCc�jefFris�oundation.ora, royce�efFrisfaundation.or�, & nancv@iefFrisfoundation,orq. (fi) The Grant shall, at t�e Faundation's option, be�ame null and void, and all Grant funds shalf be returned to the Foundation, if (i) for any reason the City has not receiv�d Eligible Matching Contrib�tions in an amount equal to seventy-five thousan� dollars ($75,000) by the Matching Deadline specified in Paragraph (b) above, (ii) for any reasan ti�e City has not engaged a consultant to provide the HSR within thirry (30) days after the Matching Grant Deadline, or (iii) the City does not comply with any provisian ofi this Agreement. (g) The HSR should in�lude, but not be limited to, the following items: 1. Provide in detail appropriate preservatian treatment of def€ning features and roams with accurate detailed co�t estimates based on int�nded us�. 2, Document current conditians of systems and all elemer�ts and history of the building (origins, alterations}. 3. Verify histary of people associated with the building and insight into why it is historicafly signifi�ant (periad of significance). (h)The HSR must meet the star�dards established by the National Park Service in Preservation Brief43. The Preparation and Use ofHistoricSfruct�ure Reports:httpJ�. Iwww.nps.gov/tpsihow- �o- reser�e briefs 43-historic-structure-re arts.htm. If the City is En agreement with the above and is willing to accept the Grant upon the terms set forth herein, kindly �ndicate the City's acceptan�e by dating and signing the enclose� copy of this letter in the space below and returning it to my attention. If the City is unwilling to accept the Foundation's terms, please return an unsigned copy of�his le�ter with a brief explanation of the City's co�cerns. Aiong with this Agre�ment, we have inc�uded a Re�ease and Consent Form far the images that the City submitted with the City"s Grant Application. Please sign and ret�arn the enclosed Release and Consent Form along with the signed Grant Agreement letter. We sugg�st the CEty prepare a Press Release p�blicizing the Grant. Prior to release to the media, please s�bmit an electronic copy far my review to me at tom@jeffrisfaundation.org. The Fo�ndation is very pleased to pro�ide this Grant and we wish the City e�ery success in the Ciry's endeavors. April 19, 2024 Page: 3 Sincerely, 1EFFRIS FAMILY FOUNDATION � Thomas M. JefFris President EnclosUres (Duplicate copy of letter & Release an� Consent form) Accepted and agreed to this ��'t��da v of Aprii, �024. CITY OF DUBUQUE G�/` �1,�� By: � (/vY`7 MiChael Van Milligen, City Manager ttr�rnsr nno co�sr�vT FOR VALU� RCCEIVED, the undersigned or�anization ("Supplier") hereb}� �*rants to the ,Ieffris Family Poundation, Ltd. a Wiscrnisin non-stock charitable coiporation (the "Foundation"') lhe perpetual w'orld��vidc riglit to use. reproduce. cop�� ancl disscminate i❑ brochures, boohs, publications and other documents created or authorized b� thc Foundation and in dicital or other media created or authorized b� the Foundation. including. �vithout limitation. in postin�s on the Poundation's nnd other websites and in digit�l and/or olher elecu•onic medi� crrlted or authorize� b�- the Puundation. all Materials (as herealicr detincd). ns used herein. "Mat�rials'� shall mean all photo�raphs, architectural drawings. hislorical materials. �isual. audiovisual and Iiteraiy works and other intellectual property in N-hatever lonn or media provided to thc Foundation by Supplier. Supplier represcnts and warrants ihat it has the righi and legal authorit} to enter into this agreement and grant the rights to the Materials set Yorth herein. W WITNGSS WHEREOP. Supplier lias executed this Agreement as ofthe :('���� day of April. 20?4. CITY OF DUBUQUE By: ��-G/�� /�LIL��- Michael Van Milligen, City Manager n('CEPTFD us of tl�e date set forth abo��e ,il;T'PRIS FAMILY POLINDATION. LTD. By: � �illUPti-/ Yeg�_y ridan. Secretary