Iowa Department of Transportation Lease Agreement at Jule Operations and Training CenterCity of Dubuque
City Council Meeting
Consent Items # 22.
Copyrighted
September 20, 2021
ITEM TITLE: Iowa Department of Transportation Lease Agreement at Jule Operations
and Training Center
SUMMARY: City Manager recommending approval to extend the lease agreement
with the Iowa Department of Transportation for use of the CDL Course at
the Jule Operations and Training Center for Commercial Driver's
License testing through August 31, 2022.
SUGGESTED Suggested Disposition: Receive and File; Approve
DISPOSITION:
FIN aL[91:ILyil21zIII l+]
Description Type
J OTC Lease Amendment with DOT CDL Testing-MVM City Manager Memo
Memo
Memo Recommending DOT Lease Amendment Staff Memo
Amendment to Lease Agreement Staff Memo
Original Lease for CDL testing site Staff Memo
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Iowa DOT Lease Agreement at Jule Operations and Training Center
DATE: September 13, 2021
Acting Director of Transportation Services Russ Stecklein recommends City Council
approval to extend the lease agreement with the Iowa Department of Transportation for
use of the CDL Course at the Jule Operations and Training Center for Commercial
Driver's License testing through August 31, 2022.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
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Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Russ Stecklein, Acting Director of Transportation Services
THE CITY OF
DUB E
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: Russ Stecklein, Acting Director of Transportation Services
DATE: September 10, 2021
RE: Iowa DOT Lease Agreement at Jule Operations and Training Center
Dubuque
M.AmedcaCity
II I.,
2012
INTRODUCTION
The purpose of this memo is to request approval to extend the lease agreement with the Iowa
Department of Transportation (DOT) for use of the CDL course at the Jule Operations and
Training Center for Commercial Driver's License (CDL) testing.
BACKGROUND
In 2017, Iowa DOT began seeking a new location for testing due to the future relocation of their
maintenance facility. The original plans for the Jule Operations and Training Center included the
CDL training area and minimal changes to those plans were required to accommodate the Iowa
DOT. An agreement was entered into with the DOT on June 1st, 2018 and ended on April 30,
2021.
DISCUSSION
The DOT has provided an amendment to the original agreement to extend the lease to August 31,
2022.
The Iowa DOT will continue to maintain the CDL testing markings at the site.
The agreement has been reviewed by Senior Counsel, Barry Lindahl.
BUDGET IMPACT
The lease with Iowa DOT is $18,420/year.
RECOMMENDATION
I recommend approval of the amendment to extend the original lease until August 31, 2022.
cc: Barry Lindahl, Senior Counsel
IOWA DEPARTMENT OF
TRANSPORTATION
Addendum to Agreement
No.2018-16-278
With the City of Dubuque
County_ Dubuque
City Dubuque
Iowa DOT
Addendum No. 2018-16-278A
Staff Action No. N/A
This addendum to lease agreement ("Addendum") is entered into as of the last date of signature indicated
below by and between the City of Dubuque, Iowa, an Iowa municipal corporation ("LANDLORD"), and the
Iowa Department of Transportation, an administrative agency of the State of Iowa ("TENANT").
1. The TENANT and the LANDLORD previously entered into a Lease Agreement (DOT No. 2018-16-
278) ("Lease Agreement") for leasing a portion of the parking lot facility at 949 Kerper Boulevard,
Dubuque, IA 52001for Commercial Driver's License (CDL) testing.
2. Subsequent to execution of the above referenced Lease Agreement the TENANT determined it wished
to extend the term of the Lease Agreement to August 31, 2022.
3. Therefore, the TENANT and the LANDLORD now agree that the term of the Lease Agreement as
contained in paragraph 2 thereof shall be extended to August 31, 2022, and this extension shall be
considered effective prior to the termination of the lease period as contained in said paragraph 2.
Prior to the expiration date, the TENANT may, in writing, request that the Lease Agreement term be
extended again.
4. All provisions contained in the previously executed Lease Agreement which are not revised or in any
way affected by this Addendum shall remain in full force and effect.
5. It is the intent of both (all) parties that no third -party beneficiaries be created by this Addendum.
6. If any section, provision, or part of this Addendum shall be found to be invalid or unconstitutional,
such finding shall not affect the validity of the Addendum as a whole or any section, provision, or
part thereof not found to be invalid or unconstitutional, except to the extent that the original intent
of the Addendum cannot be fulfilled.
7. This Addendum may be executed in two counterparts, each of which so executed will be deemed
to be an original.
8. This Addendum, as well as the unaffected provisions of any previous agreement(s),
addendum(s), and/or amendment(s); represents the entire agreement between the LANDLORD
and the TENANT regarding this effort. All previously executed agreements will remain in effect
except as amended herein.
2018-16-278A_Dubuque CDL Testing
IN WITNESS WHEREOF, each of the parties hereto has executed Addendum No. 2018-16-278A as of the date
shown opposite its signature below.
Dated this I day of Sa rmper , 2021.
LANDLORD
CITY OF DUBUQUE, IOWA
an Iowa municipal corporation
By:
Name: Danny C. Sprank
Title: Mayor pro Teat
Attest: //
By: gwlz P,sI,ALO H'I�bfA4%('.1X4/I
Name: Adrienne N. Breitfelder
Title: City Clerk
Address: 50 W 13" St
Dubuque, IA 52001
Telephone: 563-589-4341
2018-16-278A_Dubuque CDL Testing
0
Dated this _ day of ,2021.
TENANT
IOWA DEPARTMENT OF TRANSPORTATION
an administrative agency of the State of Iowa
Name: Michael A. Harvey
Title: Director, Support Services Bureau
Operations & Finance Division
Name: Mallory Hunter
Title: Secretary 2
Address: 800 Lincoln Way
Ames, IA 50010
Telephone: 515-239-1299
County Dubuque
City Dubuque
Iowa DOT Agreement No. 2018-
Iowa DOT Staff Action No.
LEASE AGREEIVIENT
This lease agreement ("Agreement") is entered as of the last date of signature indicated below
by and between the CITY OF DUBUQUE, IOWA, an Iowa municipal corporation
("LANDLORD"), and the IOWA DEPARTMENT OF TRANSPORTATION, an
administrative agency of the State of Iowa ("TENANT").
1. DESCRIPTION OF FACILITY. LANDLORD hereby agrees to lease to TENANT that
portion of the Jule Operations and Training Center facility ("Facility") owned by the City
located at 949 Kerper Blvd, Dubuque, Iowa 52001, depicted on "EXHBIT A" attached
hereto and made a part hereof by this reference, during such times and pursuant to such
terms and conditions as set forth in this Agreement.
2. TERM OF LEASE. The term of the lease shall commence the 15`h day of May, 2018 and
shall terminate the 301h day of April, 2021, unless earlier terminated pursuant to the terms
of this Agreement.
3. RENT. TENANT agrees to pay to LANDLORD as rent for said term, the sum of ONE
THOUSAND FIVE HUNDRED THIRTY FIVE and 00/100 Dollars ($1,535.00) per
month, in advance, the first such payment being due on or before the 1 st day of June, 2018,
with each subsequent payment being due, in advance, on or before the 1 s` day of each month
thereafter during the term of this Agreement. All rental payments shall be paid to
LANDLORD at City Hall, or such other place as LANDLORD may from time to time
designate in writing.
4. POSSESSION AND USE; CARE AND MAINTENANCE. TENANT shall be entitled
to non-exclusive possession and exclusive use of the Facy during the term of this
Agreement Tuesday through Friday of each week from 8:00 AM to 5 600 PM, and Saturdays
from 8#00 AM to 1:00 PM (or as otherwise mutually agreed by the parties) for purposes of
utilizing the facility to perform Commercial Driver's License ("CDL") testing.
LANDLORD shall be responsible for the reasonable care and maintenance (but not
improvement) of the Facility including but not limited to snow removal. TENANT shall
paint and maintain course markings on the site.
LANDLORD shall provide the TENTANT with keycard or key access during the hours
described in the Agreement. Access will include use of restrooms and use of a secured
storage space for the exclusive use of the TENANT sufficient to securely store electronic
tablets. Storage space for traffic cones necessary to administer CDL testing will also be
provided.. The TENANT shall have the ability to lock the secured storage space, and the
LANDLORD will provide electrical outlet access in the storage space sufficient to charge
electronic tablets. LANDLORD shall restrict access of the storage space to individuals
providing reasonable care and maintenance to the facility which necessitates access to the
storage space.
Page 1
5. ASSIGNMENT AND SUBLETTING. This Agreement shall not be assigned or
subleased without prior written consent of both parties.
6. INSURANCE. TENANT represents that it is self -insured for property damage and
premises liability to a sufficient extent to fully protect LANDLORD relative to activities
authorized to take place at the Facility under this Agreement.
7. LIABILITY AND INDEMNIFICATION. TENANT shall, only to the extent consistent
with and permitted by Article VII, Section 1 of the Iowa Constitution and Iowa Code
Chapter 669, indemnify LANDLORD from and against any claim, as defined in Iowa Code
Section 669.2, caused directly by the negligent or wrongful acts or omissions of any
employee of the State of Iowa while acting within the scope of the employee's office or
employment in connection with the performance of this Agreement. LANDLORD agrees
that any claim for which indemnification is sought pursuant to this Section will be subject
to the provisions of Iowa Code Chapter 669 and 543 Iowa Admin. Code 1 including,
without limitation, those provisions which address the making and filing of claims. If
TENANT makes any indemnity payments to LANDLORD pursuant to this Section and
LANDLORD thereafter collects or recovers all or a portion of such amounts from any
person or third party, including from any insurance carrier, LANDLORD shall promptly
repay such collected or recovered amounts to the TENANT.
8. THIRD PARTY BENEFICIARIES. The parties agree no third -party beneficiaries shall
be created by this Agreement.
9. NON -SUITABILITY OF FACILITY FOR CONTINUED USE. In the event the
Facility is rendered unsuitable for continued use for the purposes set forth in this
Agreement due to no fault of either party, including but not limited to any directive by the
State of Iowa or the United States of America, or any of their respective departments or
agencies, this Agreement shall automatically terminate and be of no further force or effect.
10. TERMINATION. This Agreement shall terminate prior to its stated expiration date under
any of the following conditions: (a) mutual written agreement of the parties; (b) resurfacing
of the Facility by LANDLORD with no less than thirty (30) days' advance written notice
to TENANT; or (c) no less than thirty (30) days' advance written notice by LANDLORD
that TENANT's use of the Facility is subjecting the Facility to unreasonable wear and tear.
11. RIGHTS CUMULATIVE. The various rights, powers, options, elections, and remedies
of either party, provided in this Agreement, shall be construed as cumulative and no one of
them as exclusive of the others, or exclusive of any rights, remedies or priorities allowed
either party by law, and shall in no way affect or impair the right of either party to pursue
any other equitable or legal remedy to which either party may be entitled as long as any
default remains in any way unremedied, unsatisfied, or undischarged.
12. NOTICES AND DEMANDS. Notices as provided for in this Agreement shall be given
to the City Administrator (for LANDORD) or DOT Executive Officer 3 (for TENANT),
at the respective addresses designated below unless either party notifies the other, in
writing, of a different address or contact. Without prejudice to any other method of
Page 2
notifying a party in writing or making a demand or other communication, such message
shall be considered given under the terms of this Agreement when sent, addressed as above
designated, postage prepaid, by certified mail.
13. PROVISIONS TO BIND AND BENEFIT SUCCESSORS, ASSIGNS, ETC. Each and
every covenant and agreement herein contained shall extend to and be binding upon any
successors or assigns of the parties.
14. DEFAULT, NOTICE OF DEFAULT, AND REMEDIES.
(a) Events of Default. Each of the following shall constitute an event of default by
TENANT:
1. Failure to pay rent when due.
2. Failure to observe or perform any duties, obligations, agreements, or conditions
imposed on TENANT pursuant to terms of this Agreement.
3. Abandonment of the Facility. "Abandonment" means TENANT has failed to
engage in its usual and customary activities at the Facility for more than thirty
(30) consecutive calendar days during its period of possession and use as set
forth herein without providing LANDLORD prior written notice.
(b) Notice of Default. LANDLORD shall give TENANT a written notice specifying
the default and giving TENANT ten (10) days in which to correct the default. If
there is a default (other than for nonpayment of a monetary obligation of TENANT,
including rent) that cannot be remedied in ten (10) days by diligent efforts of the
TENANT, TENANT shall propose an additional period of time in which to remedy
the default. Consent to additional time shall not be unreasonably withheld by the
LANDLORD. LANDLORD shall not be required to give TENANT any more than
three notices for the same default within any one year period.
(c) Remedies. In the event TENANT has not remedied a default in a timely manner
following a Notice of Default, LANDLORD may proceed with all available
remedies at law or in equity, including but not limited to declaring this Agreement
and the lease term to be terminated upon provision of written notice to
LANDLORD of such termination.
15. GENERAL PROVISIONS. In the performance of each part of this Agreement, time shall
be of the essence. Failure to promptly assert rights herein shall not, however, be a waiver
of such rights or a waiver of any existing or subsequent default. This Agreement shall
apply to and bind the successors in interest of the parties. This Agreement shall survive
the closing. This Agreement contains the entire agreement of the parties and shall not be
amended except by a written instrument duly signed by LANDLORD and TENANT.
Paragraph headings are for convenience of reference and shall not limit or affect the
meaning of this Agreement. Words and phrases herein shall be construed as in the singular
or plural number, and as masculine, feminine, or neuter gender according to the context.
If any term or provision of this Agreement is held to be invalid or unenforceable, the
remaining terms and provisions shall not be affected.
16. SEVERABILITY. If any provision of this Agreement or any portion hereof, is rendered
invalid by operation of law, judgment, or court order, the remaining provisions and/or
Page 3
portions of provisions shall remain valid and enforceable and shall be construed to so
remain.
17. COUNTERPARTS. This Agreement shall be executed in two (2) counterparts, each of
which when so executed and delivered, shall be deemed an original and all of which, when
taken together, shall constitute one and the same instrument, even though all parties are not
signatories to the original or the same counterpart. Furthermore, the parties may execute
and deliver this Agreement by electronic means such as .pdf or a similar format.
LANDLORD and TENANT agree that the delivery of the Agreement by electronic means
shall have the same force and effect as delivery of original signatures and that each of the
parties may use such electronic signatures as evidence of the execution and delivery of the
Agreement by all parties to the same extent as an original signature.
18. COUNCIL APPROVAL. This Agreement is made specifically contingent upon and
subject to the approval of the City Council of Dubuque, Iowa.
19. AUTHORITY. In the performance of this Agreement, LANDORD as a municipal
corporation, shall take all action legally required of a municipal corporation including, but
not limited to, the holding of any required public hearings and the passage of any required
resolutions, authorizing the Mayor to enter into this Agreement on behalf of the City of
Dubuque.
20. ADDITIONAL PROVISIONS. None if not listed in an addendum hereto.
21. EXECUTION. When and if executed by both LANDLORD and TENANT, this
Agreement shall become a fully enforceable and binding contract.
Dated this'eday of , 2018. Dated this day of ��►�e , 2018.
LANDLORD TENANT
THE CITY OF
an Iowa munic;
By:
I1
JBUQUE, IOWA,
l�orpor tion
lei
ty Clerk
Address: 50 W. 13t1i St
Dubuque, IA 52001
Telephone: 563-5894341
IOWA DEPARTMENT OF TRANSPORTATION
an administrative a ency of the State of Iowa
Attest:
dress:
800 Lincoln Way
Ames, IA 50010
Telephone: 515-239-1299
EXHIBIT A
949 Kerper Blvd, Dubuque Iowa 52001
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