Chavenelle Road_Giese Mfg Access°f0: The Honorable Mayor and City Council Members
F®M: Michael C. Van Milligan, City Manager
SU JECT°: Giese Access on Chavenelle Road
®ATE: March 30, 2009
Economic Development Director David Heiar recommends City Council approval of an
agreement between Giese Properties, LLC and the City of Dubuque authorizing the City
to modify the site access points to the Giese Manufacturing site in the Dubuque
Industrial Center West. Giese Manufacturing has agreed to the changes to their
property access.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Mic ael C. Van Milligan
MCVM/jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
David J. Heiar, Economic Development Director
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March 28, 2009
TO: Michael C. Van Milligen, City Manger
FROM: David J. Heiar, Economic Development Director
R Giese Access ®n Chavenelle Rd.
ACIZC ROIJ N
Giese Manufacturing, located in the Dubuque Industrial Center West (DICW), currently
has two street accesses on to Chavenelle Road. The City intends to construct a new
street adjacent to the east side of the Giese site to serve the expansion of the DICW,
formerly known as the North Siegert Farm. The proposed street is abutting the second
access point to the Giese site and would create traffic issues.
®ISCl1SION
The City's consulting engineers on this project, IIW Engineers, are recommending that
the second access point on to Chavenelle be eliminated and that a new access be
provided to Giese Manufacturing off of the proposed new street (see attached diagram).
The cost of these modifications would be included in the design and bid package for the
construction of the new street which will be funded in part by the recently awarded RISE
grant from the IDOT. Giese Manufacturing has agreed to these changes to their
property access.
RECOMMN®ATION/ACTION STEP
That the City Council authorized the City Manager to sign the attached agreement
between Giese Properties, LLC and the City of Dubuque authorizing the City to modify
the site access points to Giese Manufacturing site in the DICW.
F:\USERS\DHeiar\DICW\Giese Access on Chav Rd memo.doc
THE CITY OF ~ Dubuque
- ~
DUB E ~-~~ar~
1 1
Masterpiece on the Mississippi
2007
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Giese Access on Chavenelle Road
DATE: March 30, 2009
Economic Development Director David Heiar recommends City Council approval of an
agreement between Giese Properties, LLC and the City of Dubuque authorizing the City
to modify the site access points to the Giese Manufacturing site in the Dubuque
Industrial Center West. Giese Manufacturing has agreed to the changes to their
property access.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Mic ael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
David J. Heiar, Economic Development Director
THE CITY OF !~.
DL~B E
Masterpiece on the Mississippi
Dubuque
~~
~~~
2007
March 28, 2009
TO: Michael C. Van Milligen, City Manger
FROM: David J. Heiar, Economic Development Director`
RE: Giese Access on Chavenelle Rd.
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BACKGROUND
Giese Manufacturing, located in the Dubuque Industrial Center West (DICW), currently
has two street accesses on to Chavenelle Road. The City intends to construct a new
street adjacent to the east side of the Giese site to serve the expansion of the DICW,
formerly known as the North Siegert Farm. The proposed street is abutting the second
access point to the Giese site and would create traffic issues.
DISCUSSION
The City's consulting engineers on this project, IIW Engineers, are recommending that
the second access point on to Chavenelle be eliminated and that a new access be
provided to Giese Manufacturing off of the proposed new street (see attached diagram).
The cost of these modifications would be included in the design and bid package for the
construction of the new street which will be funded in part by the recently awarded RISE
grant from the IDOT. Giese Manufacturing has agreed to these changes to their
property access.
RECOMMENDATION/ACTION STEP
That the City Council authorized the City Manager to sign the attached agreement
between Giese Properties, LLC and the City of Dubuque authorizing the City to modify
the site access points to Giese Manufacturing site in the DICW.
F:\USERS\DHeiar\DICW\Giese Access on Chav Rd memo.doc
AR NIENT
E EEN
TH CITY OF ®UBUQUE, IOVV,4
AN®
GIE PROPERTIES, LLC
This Agreement, dated for reference purposes the day of
2009, is made and entered into by and between the City of
Dubuque, Iowa (City) and Giese Properties, LLC, an Iowa limited liability
company with its principal place of business at Dubuque, Iowa (Giese).
Whereas, Giese is the owner of Lot 1 of Lot 1 of Dubuque Industrial
Center West 5th Addition in the City of Dubuque, Iowa (the Property); and
Whereas, the Property is served by an access onto Chavenelle Road as
shown on Exhibit 1.2 attached hereto; and
Whereas, City intends to construct a new street abutting the Property as
shown on Exhibit 1.2; and
Whereas, in consideration for City constructing an access from the new
street onto the Property as shown on Exhibit 1.2, Giese has agreed to allow City
to remove the access onto Chavenelle Road, on the terms and conditions set
forth herein.
NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES
AS FOLLOWS:
SECTION 1. Giese grants to City, its agents and employees, access to the
Property for the purpose of removing the access onto Chavenelle Road and
constructing a new access onto the proposed street abutting the Property, all as
shown on Exhibit 1.2.
SECTION 2. The removal of the access onto Chavenelle Road and
construction of a new access onto the proposed street shall be at City's sole
cost.
SECTION 3. The construction of the new street shall also include sidewalks
abutting the Property and along the new street at City's sole cost.
SECTION 4. City shall, at least 45 days prior to commencing significant
construction activity, provide to Giese in writing the date on which City anticipates
it will begin construction and the approximate length of time required for such
construction.
SECTION Prior to construction, City shall first submit to Giese for written
approval, which shall not be unreasonably denied or delayed, a concise
description of the facilities proposed to be constructed, including engineering
drawings, if required by City, together with maps and plans indicating the
proposed location of all such facilities.
SECTION 6. Any contractor or subcontractor employed by City for work or
construction must be properly licensed and insured under the laws of the State
and all applicable local ordinances. City shall require that each such contractor
or subcontractor agrees to have the same obligations with respect to its work as
City would have if the work were performed by City. City shall be liable for all
activities carried out by its contractors, subcontractors and employees at City
request.
SECTION 7. If City disturbs a pavement, sidewalk, driveway or other surfacing,
or landscaping, or other structure, either on private property or in public rights-of-
way, City shall replace and restore all pavement, sidewalk, driveway or other
surfacing, or landscaping disturbed, in substantially the same condition and in a
good; workmanlike, timely manner. Such restoration shall be undertaken within
no more than ten (10) days after the damage is incurred, weather permitting, and
shall be completed as soon as reasonably possible thereafter. City shall
guarantee and maintain such restoration for at least one year against defective
materials or workmanship.
SECTION ~. To the fullest extent permitted by law, City shall indemnify and
hold harmless Giese from and against all claims, damages, losses and
expenses, including but not limited to attorneys' fees, arising out of or resulting
from City's use of the Property, provided that such claim, damages, loss or
expense is attributable to bodily injury, sickness, disease or death, or injury to or
destruction of property including loss of use resulting there from, but only to the
extent caused in whole or in part by negligent acts or omissions of City, City's
subcontractor, or anyone directly or indirectly employed by City or City's
subcontractor or anyone for whose acts City or City's subcontractor may be
liable, regardless of whether or not such claim, damage, loss or expense is
caused in part by a party indemnified hereunder.
CITY OF ®UBUQU, IOWA
Michael Van Milligen
City Manager
Thomas W. Giese
F:\USERS\DHeiar\GieseWgreement.docx
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