Diamond Jo Parking Lot Improvements additional pagesTHE CITY OF
DUB E
Barry A. Lindahl, Esq.
Corporation Counsel
Suite 330, Harbor View Place
300 Main Street
Dubuque, Iowa 52001-6944
(563) 583-4113 office
(563) 583-1040 fax
balesq@mwci.net
Mayor Terrance Duggan and
Members of the City Council
City Hall — City Clerk's Office
50 West 13th Street
Dubuque, IA 52001
June 2, 2003
RE: Diamond Jo Parking Lot Improvements
Dear Mayor and Council Members:
Last week, as the City prepared to move forward with certain improvements to the
parking lot northwest of the Portside Building, which is owned by the City, leased to the
Dubuque Racing Association and subleased to Peninsula Gaming, we met some
resistance from representatives of the Diamond Jo who were concerned that the
improvements would take a number of parking spaces out of use for a period of time
during the summer.
Cindy, Pauline, Bob Schiesl and I have been working with Diamond Jo representatives
to find a solution that will allow us to begin work on the parking lot but be the least
disruptive to Diamond Jo during the summer.
We have reached an agreement which will allow a minimal amount of work to be done
now with the remainder of the improvements done during the off-season for the
Diamond Jo. The terms of the agreement are as follows:
1. The parking lot will be closed no more than one business day, a Monday or
Tuesday only;
2. The City will remove all curbing, patch areas where curbing is removed and
restripe the lot to provide angle parking so that the lot is usable again within 24
hours. No new curbing will be installed at this time. That work will be done
during the off-season;
3. The City will install as soon as is practicable an attractive wrought iron or similar
fencing around the parking lot to separate it from the traveled roadway;
4. The City will mark the flow of traffic with arrows on the pavement surface;
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5. The City will provide ingress and egress at both ends of the parking lot to
accommodate the anticipated closing of a portion of the traveled roadway to
permit work to be done by the City on the roadway which will block off the
roadway beyond the Diamond Jo entrance for no longer than three days;
6. The City will provide as soon as is practicable appropriate protection around the
light standards in the parking lot to protect the standards; and
7. The City will agree to indemnify Peninsula for claims arising out of the
construction work.
Attached is a copy of the Indemnification Agreement which I have drafted and which
has been agreed to by Peninsula. It is the Indemnification Agreement that requires City
Council approval.
I would request your consideration and approval of the Indemnification Agreement with
Peninsula Gaming.
Very sincerely,
rry A. Lindahl, Esq.
orporation Counsel
BAL:tls
Enclosure
cc: Michael Van Milligen, City Manager
Cindy Steinhauser, Assistant City Manager
Pauline Joyce, Administrative Services Manager
Bob Schiesl, Civil Engineer II
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