Signed Contract_Amended and Restated Parking Agreement with Wanderwood Gardens and Dubuque Arboretum and Botanical GardensCity of Dubuque
City Council Meeting
Consent Items # 013.
Copyrighted
June 3, 2024
ITEM TITLE: Signed Contract(s)
SUMMARY: Landmark Turf Services, LLC for the Weed Control Flood Control
System Spraying 2024; First Amendment to Access Easement
Agreement with Butler Children's Garden Foundation, I nc.; Amended
and Restated Parking Agreement with Wanderwood Gardens and
Dubuque Arboretum and Botanical Gardens.
SUGGESTED Suggested Disposition: Receive and File
DISPOSITION:
ATTACHMENTS:
Description Type
Weed Control Flood Control System Spraying 2024 Supporting Documentation
First Amendment to Access Easement Agreement Supporting Documentation
Amended and Restated Parking Agreement Supporting Documentation
AMENDED AND RESTATED PARKING
AGREEMENT BY AND BETWEEN
WANDERWOOD GARDENS, DUBUQUE ARBORETUM AND
BOTANICAL GARDENS, AND THE CITY OF DUBUQUE, IOWA
This Amended and Restated Parking Agreement (the "Agreement") is made by and between the
Wanderwood Gardens ("WG"), Dubuque Arboretum and Botanical Gardens ("DABG"), and the
City of Dubuque, Iowa ("City").
WHEREAS, WG and DABG are parties to that certain Parking Agreement dated January
18, 2024, (the "Parking Agreement");
WHEREAS, WG and DABG desire to amend and restate the Parking Agreement in its
entirety to include the City as an additional party;
WHEREAS, WG has created a two and a half acre outdoor, interactive children's garden
located in Dubuque, Iowa immediately adjacent to the Marshall Park property leased by DABG
(a/k/a the Dubuque Arboretum Association, Inc.) from the City;
WHEREAS, visitors to the WG and DABG may need greater parking availability in the
future;
WHEREAS, WG and DABG wish to memorialize the plan for additional parking spaces,
if needed in the future;
WHEREAS, the parties wish to clarify the role of the City in the future development as
contemplated herein as it relates to the Marshall Park property owned by the City.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged by the parties, and for the mutual promises exchanged herein, the
parties agree as follows:
SECTION 1. CURRENT PARKING. DABG currently has 221-237 parking spaces located in
Marshall Park:
a. 43 spaces in the main lot north of the visitor center;
b. Approximately 76 spaces at or near the Japanese Garden;
c. 5-7 pullout spaces along DABG's pullout roads;
d. and Approximately 153 spaces within 750' +/- of WG's entry.
SECTION 2. WANDERWOOD GARDENS PARKING. WG and DABG recognize that
visitors to Wanderwood Gardens want to park in the main parking lot nearest to the Wanderwood
Gardens entrance. WG will re -stripe and add to the existing DABG parking lot such that a net
gain of ten (10) spaces is achieved (See Exhibit A). Accessible spaces will be relocated for better
access to the DABG visitor center, and emergency vehicle and bus access will be maintained in
the main parking lot. The cost of this parking improvement will be borne by WG.
1IPage
SECTION 3. FUTURE VOLUNTEER PARKING. After parking has stabilized following the
opening of Wanderwood Gardens, if additional parking spaces are needed, DABG will add
parking spaces in the workshops area and move volunteer parking from the main parking lot
to a designated parking area near the workshops or to the existing nearby pullouts along the
DABG's loop roads. The cost of this additional volunteer parking shall be borne by DABG.
SECTION 4. ADDITIONAL PARKING. After parking has stabilized following the opening of
Wanderwood Gardens, if further additional parking is needed, DABG and WG will share the
cost of any such additional parking, as is mutually agreed to and referred to as "bump out"
parking, related to the use of Wanderwood Gardens equally (50%-50%) by WG and DABG.
SECTION 5. CITY APPROVAL. Notwithstanding anything to the contrary contained herein, the
parties expressly agree that any development and construction, including, but not limited to
the construction of additional parking spaces, on the Marshall Park property owned by the City
is subject to the approval process as set forth in that certain Lease Agreement By and Between
the City of Dubuque, Iowa and Dubuque Arboretum Association, Inc. dated November 20,
2023.
[Remainder of Page Intentionally Left Blank, Signature Page to Follow]
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be frilly executed on
the date of the last signature below.
WANDERWOOD GARDENS
ebra A. Butler, President
Dated:
CITY OF DUBUQUE, IOWA
Michael . Van Wilige City Manager
Dated: p2
DUBUQUE ARBORETUM AND BOTANICAL
GARDENS
. Mozena, President
5,23 .
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