Univ. of IA Site Access AgreeMEMORANDUM
July 29, 2002
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council Members
Michael C. Van Milligen, City Manager
Site Access Agreement
The University of Iowa's Hygienic Lab has requested permission to access a northern
branch of Catfish Creek from City property near Seippel Road. Lab personnel would
like to take samples from the stream, over a four-year period, as part of a statewide
study of perennial streams. The survey will measure several indicators of stream
ecosystem health, including water quality, habitat quality and aquatic life.
Operations and Maintenance Manager Don Vogt recommends approval of the Site
Access Agreement with the University of Iowa.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Don Vogt, Operations and Maintenance Manager
July 29, 2002
CITY OF DUBUQUE, IOWA
MEMORANDUM
TO:
FROM:
SUBJECT:
Michael C. Van Milligen, City Manager
Don Vogt, Operations and Maintenance Manager
Site Access Agreement
INTRODUCTION
The purpose of this memorandum is to solicit your and City Council's approval of the
attached Site Access Agreement with the University of Iowa.
BACKGROUND
The University of Iowa's Hygienic Lab has requested permission to access a northern
branch of Catfish Creek from City property near Seippel Road. Lab personnel would
like to take samples from the stream, over a four year period, as part of a statewide
study of perennial streams. The survey will measure several indicators of stream
ecosystem health, including water quality, habitat quality and aquatic life.
DISCUSSION
I have met with Assistant Water Pollution Control Plant Manager/Chemist Jonathan
Brown, Public Health Specialist Mary Rose Corrigan and Assistant Planner Guy
Hemenway concerning the request. We regard the request as an excellent opportunity
to receive cost-free monitoring of an important waterway as it enters our city from the
west.
RECOMMENDATION
1 recommend that the attached Site Access Agreement with the University of Iowa be
approved by you and the City Council.
ACTION STEP
Should you concur with my recommendation, I request that you submit the Site Access
Agreement to the City Council for its consideration and approval.
Attachments
SITE ACCESS AGREEMENT
Between
The City of Dubuque, Iowa
And
The University of Iowa
This Agreement is made and entered into this __ day of ., 2002,
by and between the City of Dubuque, Iowa, an Iowa municipal corporation (City), and the
University of Iowa (Iowa).
WHEREAS, City is the owner of real estate as set out on Exhibits A and B (the Site).
AND WHEREAS, Iowa desires access to the Site for the purpose of conducting a
study of Catfish Creek.
AND WHEREAS, the City desires to allow Iowa access to the Site for such purpose.
NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES AS
FOLLOWS:
1. Access to Site. City hereby grants to Iowa, its agents and representatives full and
continuing access to the Site and all parts thereof, for the purpose of conducting a study of
the Catfish Creek.
2. Indemnification. Iowa shall defend, indemnify and hold harmless City, its officers,
agents and employees from and against any claim of any kind arising out the use of the
Site by Iowa and its agents and representatives.
3. Term. This Agreement shall terminate upon notice from Iowa to City that Iowa has
completed its study of the Catfish Creek. However, City may terminate this Agreement at
any time upon 60-days' written notice to Iowa.
CITY OF DUBUQUE, IOWA
By
UNIVERSITY OF IOWA
By
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EXHIBIT B
SITE ACCESS AGREEMENT
Between
The City of Dubuque, Iowa
And
The University of Iowa
This Agreement is made and entered into this 22U day of , 2002,
by and between the City of Dubuque, Iowa, an Iowa municipal corporation (City), and the
University of Iowa (Iowa).
WHEREAS, City is the owner of real estate as set out on Exhibits A and B (the Site).
AND WHEREAS, Iowa desires access to the Site for the purpose of conducting a
study of Catfish Creek.
AND WHEREAS, the City desires to allow Iowa access to the Site for such purpose.
NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES AS
FOLLOWS:
1. Access to Site. City hereby grants to Iowa, its agents and representatives full and
continuing access to the Site and all parts thereof, for the purpose of conducting a study of
the Catfish Creek.
2. Indemnification. Iowa shall defend, indemnify and hold harmless City, its officers,
agents and employees from and against any claim of any kind arising out the use of the
Site by Iowa and its agents and representatives.
3. Term. This Agreement shall terminate upon notice from Iowa to City that Iowa has
completed its study of the Catfish Creek. However, City may terminate this Agreement at
any time upon 60-days' written notice to Iowa.
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THE CITY OF
� )UBI}QUE
Operations and Maintenance Department
925 Kerper Boulevard
Dubuque, Iowa 52001-2338
(563) 589-4250 office
(563) 589-4252 fax
(563) 589-4193 TDD
ops&rmaint@cityofdubuque.org
August 21, 2002
Todd Hubbard
Hygienic Laboratory
The University of Iowa
102 Oakdale Campus, #H101 OH
Iowa City, Iowa 52242-5002
RE: Access To Catfish Creek
Dear Mr. Hubbard:
This letter is in response to your June 10th fax to Dubuque City Manager Michael C. Van
Milligen. In your fax, you had asked for permission to access the north fork of Catfish
Creek in Dubuque township, Section 31, from City of Dubuque property. The access was
requested for the purpose of surveying the stream's ecosystem.
Your request was approved by the Dubuque City Council at its August meeting.
Accompanying this letter are two copies of a site access agreement, as prepared by our
city attorney. Please sign and return both copies to me at your earliest convenience.
Upon receipt of same, I will send you a dated copy and a map of the property through
you may access the noted stream.
Regards,
Donal
Operations and Maintenance Department Manager
Enclosures
Service
People Integrity
Responsibility Innovation Teamwork