Grand Opera House Sign AgreeMEMORANDUM
July 29, 2002
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council Members
Michael C. Van Milligen, City Manager
Sign Agreement with Grand Opera House
For the past several months, the City of Dubuque has been in discussion with the Grand
Opera House on the installation and management of a new community sign. The sign
would replace the existing wrought iron sign located on 8th Street, which will be
relocated near the Dubuque Museum of Art and Washington Park. Based upon our
discussions, the new sign would be a public sign with an electronic reader board for
advertising public events and Grand Opera House events, and will also include
permanent signage for the Grand Opera House. The total estimate for the new sign is
approximately $53,000. The City Council approved $26,700 as part of their FY 03
budget to go toward the installation of this sign.
Assistant City Manager Cindy Steinhauser recommends approval of the Sign
Agreement between the City of Dubuque and the Grand Opera House.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
MEMORANDUM
July 22, 2002
TO:
FROM:
SUBJECT:
Michael C. Van Milligen, City Manager
Cindy Steinhauser, Assistant City Manager
Sign Agreement with Grand Opera House
Discussion
For the past several months, the City of Dubuque has been in discussion with the Grand
Opera House on the installation and management of a new community sign. The sign
would replace the existing wrought iron sign located on 8th Street, which will be
relocated near the Dubuque Museum of Art and Washington Park. Based upon our
discussions, the new sign would be a public sign with an electronic reader board for
advertising public events and Grand Opera House events, and will also include
permanent signage for the Grand Opera House as shown on the attached drawing. The
total estimate for the new sign is approximately $53,000. The City Council approved
$26,700 as part of their FY 03 budget to go toward the installation of this sign.
Also attached is a proposed Sign Agreement between the Grand Opera House and the
City of Dubuque. Included in the Agreement is language to address the following:
· The sign will be installed in the limestone planter located on 8th & Iowa Streets.
· Signage installation will also include extension of electrical service and sidewalk
repair;
· Plantings around the sign will be maintained by the City of Dubuque and shall not
obscure the readability of the sign or electronic reader board;
· The message control center for the reader board shall be located in the offices of
the Grand;
· Control and responsibility of the message center will be jointly coordinated
between the Grand and the City of Dubuque;
· On-going maintenance will be the joint responsibility of the Grand and the City of
Dubuque. The Grand will be responsible only for those elements of the sign that
identify the Grand on the structure; and
· Insurance coverage for the sign will be included on the City of Dubuque's existing
policy.
Should the City require that the sign be relocated at a later date. It shall be at a
mutually agreed location between the Grand and the City with a minimum 180-
days written notice. The cost to relocate the sign shall be at the City's expense.
have reviewed this Agreement with Chris Chapin-Tilton and Steve Juergens
representing the Grand Opera House and with Corporation Counsel Barry Lindahl. All
of who have indicated that they are comfortable with the language.
Recommendation
I recommend that the City Council approve the Sign Agreement between the City of
Dubuque and the Grand Opera House.
Cc:
Barry Lindahl, Corporation Counsel
Mike Koch, Public Works Director
Chris Chapin-Tilton, Grand Opera House
Steve Juergens, Grand Opera House
SIGN AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
THE GRAND OPERA HOUSE
This Agreement made and entered into this day of
2002, by and between THE GRAND OPERA HOUSE, an Iowa non-profit corporation
(hereinafter "GOH") and the CITY OF DUBUQUE, IOWA, an Iowa municipal
corporation (hereafter "City").
WHEREAS, City is interested in imparting information to the general public,
including City visitors and tourists, concerning public events and activities in the City,
including but not limited to, events and activities conducted, sponsored, or endorsed by
GOH, the dissemination of which information is deemed to be in the public interest; and
WHEREAS, City desires to purchase and install an electronic sign of the type,
size, and dimensions shown on Exhibit "A" attached hereto (the "Sign") capable of
displaying messages 24 hours daily and installing the Sign in a certain stone planter
(the "planter") in the City right-of-way near the intersection of Iowa and 8th Streets in
Dubuque, Dubuque County, Iowa as shown on the site plan attached hereto as Exhibit
"B" (the "location"); and
WHEREAS, GOH is willing to provide funds toward the purchase of the sign in
exchange for an agreement to use the Sign.
NOW, THEREFORE, in consideration of the promises and the mutual covenants
hereinafter contained, the parties hereto agree as follows:
1. TERM. This Agreement shall take effect upon execution by both parties and
shall continue until terminated by either party. City shall have the right to terminate this
Agreement, with or without cause, upon 180-days written notice to GOH; provided,
however, that to enable GOH to arrange for other signage, GOH may extend the
termination date an additional 180 days by giving the City written notice of such
extension, tn the event of termination by City, City shall pay to GOH at the end of such
180-day period the amount of GOH's contribution toward the acquisition and installation
costs set forth in Paragraph 3(a). GOH shall have the right to terminate this Agreement
upon 180-days written notice to City, with or without cause. In the event of termination
by GOH, GOH shall at the end of such 180-period return to City the control panel and
equipment described in Paragraph 7.
2. OWNERSHIP. The Sign shall be owned by City and shall be installed by City
at the location shown on Exhibit B.
3. COSTS.
(a) Acquisition and Installation Costs Included in Acquisition. The
purchase price of the sign (with installation included in the purchase pdce) estimated to
be $69,216.00 shall be paid as follows: $ 26,700.00 by City and the balance of such
costs by GOH. GOH shall promptly pay the balance of such costs upon receipt of a
statement therefore from City.
(b) Removal of Existing Message Board. Upon installation of the Sign,
City shall remove the existing message board owned by City near the location.
4. MAINTENANCE. City shall maintain the Sign, including the remote control
and programming equipment in good repair and working order, except for the panels,
including backlighting, containing "Grand Opera House", which shall be maintained by
City at GOH's cost. City shall maintain the planter, including the landscaping therein,
and the location.
5. UTILITIES. City shall pay all utilities used in the operation of the Sign,
planter, and location.
6. INSURANCE. City shall maintain such property and general liability
insurance as City determines to be adequate. Neither party shall have any claim
against the other or the employees, officers, directors, managers, agents, members, or
other owners of the other for any loss, damage, or injury that may occur to the sign,
planter, or location and any improvements thereto which is covered by property
insurance and for which recovery from such insurer is made, notwithstanding the fault
of any party in causing the loss.
7. CONTROL PANEL/EQUIPMENT. The control panel and message board
programming equipment for the Sign, owned by City, shall be located within the Grand
Opera House and shall be operated and programmed as provided in this Agreement by
GOH authorized personnel free of charge to City. The cost of installation of the control
panel and programming equipment shall be included in the costs in Paragraph 3(a).
8. USAGE ALLOCATION. The Sign shall be in operation 24 hours daily during
its useful life, except for periods for necessary repairs and maintenance. The Sign
message board shall be utilized exclusively by GOH (a) to publicize events and
activities conducted, sponsored, or endorsed by GOH and (b) for such information as
City and GOH mutually shall determine appropriate. During each one-hour period of
operation, usage of the Sign message board shall be allocated 50% to GOH and 50%
2
to City. Each party shall defend, indemnify, and hold the other party, its employees,
officers, directors, managers, agents, and members from and against any and all third-
party claims arising from or in connection with the text or substance of any message
displayed by such party on the message board.
The parties anticipate that other governmental bodies and non-profit civic, social,
and charitable entities may from time to time request a message be displayed on the
sign message board and agree that all such requests shall be directed to City. The
message display time for any such request granted by City will be deducted from the
time allocated to the City.
9. ENTIRE AGREEMENT AND AMENDMENTS. This Agreement constitutes
the entire and only agreement between the parties relating to the subject matter hereof
and supersedes and cancels all previous agreements, negotiations, commitments, and
representations in respect thereto and may not be released, discharged, abandoned,
changed, or modified in any manner except by instrument in writing of concurrent or
subsequent date signed by duly authorized officers or representatives of both of the
parties hereto. If any provision of this Agreement shall be determined to be
unenforceable or illegal, it shall be deemed severed from the other provisions that
remain valid and enforceable.
10. NOJOINTVENTURE. Nothing herein contained shall be construed to place
the parties in the relationship of partners or joint venturers or agents, and GOH shall
have no power to obligate or bind City in any manner whatsoever and City shall have
no power to obligate or bind GOH in any manner whatsoever except as provided in this
Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
date first above written.
CITY OF DUBUQUE, IOWA
THE GRAND OPERA HOUSE
By: By:
Terrance M. Duggan, Mayor
Stephen J. Juergens, President
By: By:
Jeanne F. Schneider, City Clerk
Natalie Schramm, Secretary
STATE OF IOWA )
) SS:
DUBUQUE COUNTY )
On this __ day of ,2002, before me, the undersigned, Notary Public
in and for said State, personally appeared Terrance M. Duggan and Jeanne F.
Schneider to me personally known, who, being duly sworn by me, did say that they are
the Mayor and City Clerk, respectively, of the City of Dubuque, Iowa; that the seal
affixed to the foregoing instrument is the corporate seal of the corporation, and that the
instrument was signed and sealed on behalf of the corporation by authority of its City
Council, as contained in Resolution No. adopted by the City Council
on the day of ., 2002, and that Terrance M. Duggan and Jeanne F.
Schneider acknowledged the execution of the instrument to be their voluntary act and
deed and the voluntary act and deed of the corporation, by it voluntarily executed.
Notary Public in and for the State of Iowa.
STATE OF IOWA )
) SS:
DUBUQUE COUNTY )
On this 22nd day of July, 2002, before me, the undersigned, a notary public in
and for the above county and state, personally appeared Stephen J. Juergens and
Natalie Schramm, to me personally known, who being by me duly sworn, did say that
they are the President and Secretary, respectively, of The Grand Opera House; that no
seal has been procured by the corporation; that this instrument was signed on behalf of
the corporation by authority of its Board of Directors and Stephen J. Juergens and
Natalie Schramm, as such officers, acknowledged the execution of this instrument to be
the voluntary act and deed of the corporation by it and by them voluntarily executed.
Notary Public in and for the State of Iowa.
Grant
Opera House
Tonights Sponsor
BIRD SIGN INC
OLIVER 7:00 pm
Established 189810.9ff --
Top View
~241n
Front View Side View
SIGN AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
THE GRAND OPERA HOUSE
This Agreement made and entered into this 5;`' day of
2002, by and between THE GRAND OPERA HOUSE, an Iowa non-proforporation
(hereinafter "GOH") and the CITY OF DUBUQUE, IOWA, an Iowa municipal
corporation (hereafter "City").
WHEREAS, City is interested in imparting information to the general public,
including City visitors and tourists, concerning public events and activities in the City,
including but not limited to, events and activities conducted , sponsored, or endorsed
by GOH, the dissemination of which information is deemed to be in the public
interest; and
WHEREAS, City desires to purchase and install an electronic sign of the type,
size, and dimensions shown on Exhibit "A" attached hereto (the "Sign") capable of
displaying messages 24 hours daily and installing the Sign in a certain stone planter
(the "planter") in the City right-of-way near the intersection of Iowa and 8th Streets in
Dubuque, Dubuque County, Iowa as shown on the site plan attached hereto as
Exhibit "B" (the "location"); and
WHEREAS, GOH is willing to provide funds toward the purchase of the sign
in exchange for an agreement to use the Sign.
NOW, THEREFORE, in consideration of the promises and the mutual
covenants hereinafter contained, the parties hereto agree as follows:
1. TERM. This Agreement shall take effect upon execution by both parties
and shall continue until terminated by either party. City shall have the right to
terminate this Agreement, with or without cause, upon 180-days written notice to
GOH; provided, however, that to enable GOH to arrange for other signage, GOH
may extend the termination date an additional 180 days by giving the City written
notice of such extension. In the event of termination by City, City shall pay to GOH
at the end of such 180-day period the amount of GOH's contribution toward the
acquisition and installation costs set forth in Paragraph 3(a). GOH shall have the
right to terminate this Agreement upon 180-days written notice to City, with or
without cause. In the event of termination by GOH, GOH shall at the end of such
180-period return to City the control panel and equipment described in Paragraph 7.
GOH and 50% to City. Each party shall defend, indemnify, and hold the other party,
its employees, officers, directors, managers, agents, and members from and against
any and all third -party claims arising from or in connection with the text or substance
of any message displayed by such party on the message board.
The parties anticipate that other governmental bodies and non-profit civic,
social, and charitable entities may from time to time request a message be displayed
on the sign message board and agree that all such requests shall be directed to
City. The message display time for any such request granted by City will be
deducted from the time allocated to the City.
9. ENTIRE AGREEMENT AND AMENDMENTS. This Agreement constitutes
the entire and only agreement between the parties relating to the subject matter
hereof and supersedes and cancels all previous agreements, negotiations,
commitments, and representations in respect thereto and may not be released,
discharged, abandoned, changed, or modified in any manner except by instrument
in writing of concurrent or subsequent date signed by duly authorized officers or
representatives of both of the parties hereto. If any provision of this Agreement shall
be determined to be unenforceable or illegal, it shall be deemed severed from the
other provisions that remain valid and enforceable.
10. NO JOINT VENTURE. Nothing herein contained shall be construed to
place the parties in the relationship of partners or joint venturers or agents, and
GOH shall have no power to obligate or bind City in any manner whatsoever and
City shall have no power to obligate or bind GOH in any manner whatsoever except
as provided in this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
date first above written.
CITY OF DUBUQUE, IOWA
B
Terrance M. Dugga r ayor
THE GRAND OPERA HOUSE
By:
Stephen J. Jue`tg&s, President
Attes#r/Ct/✓f< ✓(/ By: —MAUL
,1 anne F. Schneider, City Clerk Natalie Schramm, Secretary
3
STATE OF IOWA
ss:
DUBUQUE COUNTY )
On this 5th day of August , 2002, before me, the undersigned, Notary
Public in and for said State, personally appeared Terrance M. Duggan and Jeanne
F. Schneider to me personally known, who, being duly sworn by me, did say that
they are the Mayor and City Clerk, respectively, of the City of Dubuque, Iowa; that
the seal affixed to the foregoing instrument is the corporate seal of the corporation,
and that the instrument was signed and sealed on behalf of the corporation by
authority of its City Council,ras-eentaincd in-Reselatiert-Ne. adapted
by--the-City Cow lull uii tlday of , 2002, and that Terrance M.
Duggan and Jeanne F. Schneider acknowledged the execution of the instrument to
be their voluntary act and deed and the voluntary act and deed of the corporation, by
it voluntarily executed.
STATE OF IOWA
) ss:
DUBUQUE COUNTY )
twa
Notary Public in and for the State of Iowa.
ZirriF ESTERMAN
CAI; IYIp �u Tlbgg)� MJ,258
My C IT > r Ezpiter-05
On this 22nd day of July, 2002, before me, the undersigned, a notary public in
and for the above county and state, personally appeared Stephen J. Juergens and
Natalie Schramm, to me personally known, who being by me duly sworn, did say
that they are the President and Secretary, respectively, of The Grand Opera House;
that no seal has been procured by the corporation; that this instrument was signed
on behalf of the corporation by authority of its Board of Directors and Stephen J.
Juergens and Natalie Schramm, as such officers, acknowledged the execution of
this instrument to be the voluntary act and deed of the corporation by it and by them
voluntarily executed.
Nota
4
pin AAL
Public in and for the to of Iowa.
KAREN A. DeMUTH
COMMISSION NO�� 8
MY COMMI
SAVA VA
15ft
10.9ft
GRAND
OPERA HOUSE
Tonights Sponsor
BIRD SIGN INC
OLIVER 7:OOpm
E;�,t;uf,li,Ei&'ci 1hc)y
Front View
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Top View
24in
Side View