IDOT Parking Lot US 61/151RESOLUTION NO. 143-00
RESOLUTION APPROVING COMMERCIAL AIRSPACE LEASE AGREEMENT
WITH THE IOWA DEPARTMENT OF TRANSPORTATION RELATING TO THE
CONSTRUCTION OF A PARKING LOT FOR AUTOMOBILE AND LIGHT TRUCK
PARKING BELOW ELEVATED US 61/151
Whereas, the City of Dubuque is proposing to construct a parking lot from 4th to 5th
Street, between Central and White, located on US 61/151 right-of-way; and
Whereas, the Iowa Department of Transportation has proposed a Commercial
Airspace Lease providing for the terms and conditions relating to the lease of the right-of-
way and construction of said parking lot; and
Whereas, the City Council of the City of Dubuque approves the terms and conditions
of said Commercial Airspace Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the Iowa Department of Transportation Agreement consisting of
a Commercial Airspace Lease with the Iowa Department of Transportation for the lease of
US 61/151 right-of-way and construction of a parking lot on lOOT right-of-way as Parcel
A and Parcel B on the attached survey plat.
Section 2. That the City Council of the City of Dubuque agrees to a lease
payment of $2,956.80 per year.
Section 3. That the Mayor be authorized and directed to execute two copies of
the Commercial Airspace Lease and forward the executed copies to the Iowa Department
of Transportation.
Passed, approved and adopted this 15th day of
~
,2000.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
.
.
.
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~ Iowa Department Of Transportation
OFFICE OF RlOHT OF WAY
AMES. IOWA 50010
COMMERCIAL AIRSPACE LEASE
Parcel No.
P,oje<t No,
205. 27¿. 336. 337
F-61--8(22);;-2o-3l
Co.n!)'
LeasoNo,
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The Iowa Dopa"",en' ofTrausportatìon. .e'i.g for tho State oflo- Le"or. horoby a8'OO' to l...e ",City .rDubu.o..
~!!C... Lo"o,. from the!.!! day ofM!¡:, 2000. to thð 3Otb day of ~,:¡M.!, d,e following described premise.. to-wit;
Tbe sp... lo..red vertically betw""" groUlld level ..d three feet below the lowest
,ope...tructore porlion or tho exisling bddge ,truelo.... wilhi. the ronowlng
deseri1>eð oreo:
no,. portion. or CIty Lots 302, 302. 304, 305, 306 aod 307 In the City or Dnb.que,
DobuqllO Coonty, -. .. sbo... on 1.0..... Plat Exbibit "A" allocbed bent<> and by
,erer...e made a part hereof, more partieuTary described .s follaw!:
PARCEL "A": B"IiDDiDIl ot the most ...mdy .o..er oft)le S'h or City Lot 303;
Ih.... 566. 31'OO"W, 67,39 ft. OD tho .orlherly Ii.e on..' Fo.rtb Sireo' tu a pom'
OD tho p.....ot tlortbe",lerly righ' or way line o!Prim.ry Rood No. V.S- 61; Ibe-
Nl0.32'OO"E, 119.86 ft. on soid oortb..sterly righ' or way liDo to Ih. oorthooslerl)'
lino or said City Lot 302; 'hell" 823'40'45"1<, 99.35 ft. ou said CUy Lots 3OZ a.d
302 to the Polll.t of BegîDni.g; 000l0Io;og3,348.00 sqo.r. r."" more o,'leoo.
PARCEL "B": Begioo.iDg at the mosl so.thody .orner of Lol 3 or City Lot 304;
Ibell.. N23.40'45"W, 111.38 ft. o. the ooo'b"e"erly line of C;ty Lots 304, 305 aDd
306, to a poiol on tho present nortbwoslerly rigbt of way line orprimary Road No.
u.s. 61; tbeo.. N18.39'54"E, n.57 ft. to 0 point 00 the northwesterly line or ...Id
City LoI307; Ib..... N66'35'26"E, 51.76 rL 10 a poÎllloD tho "..Io,[y Ii.. orWbite
51""'i th.... S2].35'40"E, 97.74l't.; tbeDce 59'19'J4"W. 80.90 It. on ..id westerly
II...; thou.. 827.S0'40"W, 15.00 ft. 00 said w_rly liue to . point on the oorlberiy
liDo orEasI Fo.rIb SI""'; t".Dee 566"3J'OO", 44.70 rt. o. ..id Dortberly lioe to the
Point or Begitlmng; .on"'miog 14,331. 00 .qu... reet, more or Ia..
Baais of Bearing: Tb. Dortherly liD. of &osl F.urlb Streel is .....m.d to bear
666 '31'OO"W for Ih. puo-pose of Ibis deseriplio..
Direcl"".'" to Primary Road No. U.s. 61 is probibited.
Tbe .I>ovo-d...ribed premise is I"""¡ to said u..ee ID cODsidernUo. or ,be fol1owiDg Ie,'mo, prowlo.., aod
cooditioos:
I. To pay Leo..r ,ental ror said 'erm .s follovl" $2956.80 p" yoàr. Lessee m.y make I"stellmon, p.yments of
$,WIÆ! with ,h. fiNI poy",ent being do. on Of before the 1st day or.~.ï, o"d tho second payme", boing d.e on or
before the I" day of1-!9~!!I!1m,
Pny..eo, shal' b. mode lII. Ihe roJ:'" of. Money Ord.r, C.rtlfiod Che.k or C..bior's Check, modo p.yable to
tho row. Dapllrtm..t or TrIuI>portatio. 'Dd ...oOed to Ibe c..hler, Accounting Om.., low. Depar""'" of
Tr..sportatiOD, Am'" IowD 50010.
2, AJJy provisions on the rev.rse sido 0' attached to this I.... ",e, byd1is reference, made a part of this Ie...,
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). To use said premises only for" p",king lot for automobile and light truck p",king,
<, It is understood and agreed tltat tlte Lessee will not allow tlte release or disposal of any fuel, oil, grease and eny and
all other petmleum products or otltee Itazardous materials or substances within the leased area or on any adjaceot
lands, II is also agreed that tlte Lessee will not change oil. wash any vehicles or perlorm any au'omotive maintenance
on these premises.
If any petroleum pmducts andlor chemicals should accidentally be released upon tlte leased premises or adjacent land,
the Lessee agrees to immediately clean up and remove said petroleum products or chemicals to the sati.t:1Ction of the
Iowa Department ofTransportation and the Department of Natural Resources.
5. Parking ofvelticles used tor the storage offuel, hazardous materials or substances is pmltibited,
6, Lessee acknow ledges that Lessee has inspected and knows the condition of tlte property and the same hercby leased
without any representation or warrenty by tlte Lessor whatsoever, and without obligation on tlte part of the Lessor to
make any changes, allerations, repairs, or additions thereto, except as olherwise herein provided,
7, The parking lot shall be constructed by th, Lessee in accordance with Ihe "Fourth SI. Parking Lot Site Plan" which is
dated 8/5197, a copy of whielt is a«ached hereto,
8, All costs of development and construction of the parking lot sltall be at the expense of the Lessee.
9, The Lessee shall be responsible for all future maintenance costs associated wilh the parking lot all at no cOs! to tbe
Lessor,
.
1O, Appropriate safety precautions and fectures necessary to minimize the possibility of damege to the bridge struclure
and/or injury to users of either the highway facilily or airspace due to accidents occurring in the parking 101 sball be
provided by the Lessee. Such precautions may include, bl¡{ not be limited to, fences. protective barriers or continuous
guardrail with impact a",nuation, installation of fire hydrants, drainage arrangements adequate to safely handle
accidentally released hazcrdous liquids, warning signs, reflectors, lights and speed controls,
II. The Lessee shall receive prior revi,w and approval of the Lessor before making any revision in design orconS!ruction
of Ihe parking lot, except for resurfacing, Also, transfer, assignment or conveyance of the use of the airspace .hall be
possible only with the approval of the Lessor.
12, On'premises signs, displays, or devices may not be erected except those indicating ownership andlor activity. The
parking lot shall be properly maintained in such a manner as to cause no unreasonable interference with tramc and to
assure that the structures and the area within the highway righl of way boundaries will be k,p' in good condition, both
as 10 safety and appearance, In the event that the Lessee fails its maintenance obligations, upon written notice by the
Lessor, the Lessor shall enter the premises to perform sueb work and shall bill the Lessee for the cOs! of such
maintenance, The parking lot shall no' be used tor any other purpose.
13, The Lessee shall be responsible lor any and all damages to the bridges or other highway eppurlenances ari.ing out of
the construction, reconstruction, maintenance end operation of Ihe parking lot and shall be responsible for anyond ell
damages to Ihe public tor personal injury. loss of life and property damage arising out of construction, reconstruction,
meintenance and opcration of the parking 101. The Lessee shall indemnify and save harmless the Lessor from all suits,
actions or claims of any character brought because of any injuries or damagcs received or sustained by any person,
persons, or property because ofthc construction, rcconstruclion, main!cnance and operation of the parking lot.
.
14, Upon 48 hours ",ilten notice given by Ihe Lessor, Ihe Lessee shall take all necessary actions to prohibit parking in all
or portions of the parking 101 so as 10 allow Ihe Lessor to perform routine maintenance, repair, andlor rehabilitation on
the bridge structures and to allow for Ihe staging of equipmenl and material involved in 'he maintenance, repair,
and/or rehabilitation, The Lessee shall impose and entorec such parking restrictions on that portion of the parking lot
needed by the Lessor in the performance of their work and for Ihe duration theccof
15. The Lessor shall not be liable for damages or injury to Lesscc or Lessees employees, agenls or associates or any of
Iheir property from any cause whalsocvcr which may arise out of or in connCClion with the use and occupancy of the
premises by any such persons or th,ir property.
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...m No. 63'.CI'
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16. Tbi.l...e may betcnniJ\ated by Le.s« on §9 days wrnxen Notice,
The Lessor rcsCIVes tI1e right to ~i.contlJlt1e me L...,e'. use ef said ojrsp"" lor p..king pu'!'os.. at MY time. If it
becomes neeessa¡y to eliminate m. parking lot, Ii", Lossc< shall accept me Lessor's decision as [¡nal and shall give
1"'.....lon 0(" the prom;.os within 120 days upon receipt ofoffioialnotiee thereof Th. Less.. shall boar 100 percent
of all costs inourred in the removal of any .elvaged p"king lot appurtonO1\c.' all at no obligation to tho Lessor, The
Les... shall, al thei, expense, ",store the le..ed promi... to a condltion similar to the corn:!ilion which II is in on the
A.ril1.~. Such n:$to..won shall be 10 the satisfaction of the Lessor,
17, Lc;...- may eøtot .pon the premises for any p.,!,ose the Lessor ~..m. necessary d.,ins the term ofthi.le..e.
18. It is specifically understood Md Lc.." hereby agrees that the premises, or any pmt tbel'eof shoji at nO tIme or undCl"
any cir<:umstJu¡cc. be used for, or devoted to polilieal p.'J'O&O" or the eondoctofpollticalactivitics, inelud1ng, b.'not
limited to: mootinss, raLli.., ..,ueu5C" odministradon, disb"ib.tion of literatore which related 10 0' bears upon the
action of any political orsanizatlou, unit 0' party,
19. L.ssee warrantS thai Lei... is not employed oilh'" by the Jowa Deportment of Trsnsportation or by the Fedeta1
Highway Administration and thot this tease b.. !!OI bcon obtained by tho lIßn'emeut to pay any fee, oommission,
per<eotage, gift or MY other considc:raticn to any pcrs<m, and that no omployee of the Iowa DepartmOItt of
T,ansportotion or of the Fe~eral ¡¡¡¡¡hway Administration shall b, ndn'Iitted to any share or part of this I...e or to any
benefit to arise thcrofrom,
20, 11,01...... a8rees '" def\:n~, indanuIiiY and hold r..,.,so, harmless from and again" all .iaims of any kind arising cut
of the Les""s negligonl pcrl'orn1l"'ce oftbis agreoment. .
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l:'i Wn:'iESS WHEREOF, the parlies hereto ha'e caused this instrument tn he exeented the da)' and year first
he,.in written,
CITY OF DUBUQUE, IOWA, Lessee:
Signed this - day uf
,1000,
BY:
Terry Duggan, Ma)'Or of Duhuque
50 IV, 13" Slrw
Duqubu" Iowa 52001
319-589-4270
BY:
Geanne Schneider, City Ckrk
STATE OF IOIVA
)
)55:
)
COUNTY OF DUBUQUE
.
On this day of , 2000, before me, th, undersigned, a Notary Public in and for said
State, personalìy appeared Torry Duggan and Geann, Schneider, to me personalìy known, who being by me duiy
sworn did say that th,y are th, Mavor and the City Clerk, respecliv,iy, for the Cilv of Dubuque. Iowa, the Lossee, and
Ihat said instrument was signed on behalf of the City, Said instrument to be 'he volunlary act and deed of said Ciry and
by it voiuntariìy e«eured,
(SEAL)
(Sign in Ink)
(Type/Print Name)
Norary Public in and for rhe Srare of Iowa
APPROVAL RECOMMENDED,
By
Deanne Popp
Property Manager
Telephone No- 515-239-1477
Date
APPROVED
lOW.-\. DEP.-\.RTME:'iT OF TR.-\':'iSPORTATlON
By
(Type/print name)
(Type/print ",k)
D."
STATE OF IOIVA
)
)55,
)
COUNTY OF STORY
On rhis - day of , 2000, beiore me , ANomy
Public in and for the Stare of Iowa, personalìy appeared , to me personalìy
known, who being duly sworn did say rhar h,/she is rhc ,
for Ihe Iowa Depa",ne", of Transportation, and that said instrument was signed on behalf of said Deparrmem by its
aurhority and the said person as ,uch ofticer, acknowledged rhe execution of said instrument to be th, volunrary acr and
deed of said Department, by it voluntarily execllted,
.
(SEAL)
(Sign in Ink)
(Type/Print Name)
Norary P.blic in and for rhe Sra" of Iowa
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APPENDIX A
A TT ACfI~tENT TO LEASE
The Lessee, for itself, Lessee's personal reprcsentativcs, successors in interest and assigns. as a pari of the considmtian
hereof. does hereby covenant and agree as a covenant running with a land that:
(I)
In the event fceilities are constructed, maintained, or otherwise operated on the said properly described in Ihis
lea«, far a purpa« of which e Deparlment of Transporlation progrem or activity is extended or for another
purpose involving 'he pravisian of similar services af bene"IS, the Lessee shall mainlain and operete such
facilitics and services in compliance with all other requiremenlS impased pursuant to Title 49, Code of Federal
Regulations, Deparlment of Transportation, Subtitle A, Oftìce of the Secretary. Pari 21. Nondiscrimination in
Federally-Assisted Progrems of the Department of Transportation, Effectuation of Title VI of the Civil RighlS
Act of 1964, and as said Regulations may b, amended.
(2)
No person on the ground of rcee, color, sex, age, disability, or national origin shall be excluded from
parlieipatian in, denied th, bene"1S of, or be otherwise subjected to discrimination in the use of said facilities.
(J)
That in the construction of any improvemenlS on, over or under such land and the furnishing of services
thereon, no person on the ground of rece, color, sex, age, disability, or national origin shall be excluded from
participa'ion in, denied the benefits of, or o,herwise be subjectcd to discrimination,
(4)
Tbat the Lessee shall use the premises in compliance with all other requirements imposed by or pursuant to Title
49, Code of Federal Regulations, Department of Tran'portation, Subtitl, A. Office of Secretary, Part 21.
Nondiscrimination in Federally-AssiSled Programs of the Department of Transportation - Effectuation of Title
VI of the Civil Rights Act of 1964. and assaid R,gulctions may be amended.
Tha' in the event of breach of any of the above nondiscrimination covenants, the Stete of Iowa ,hall have the right to
terminate the lease and 10 re-enter and rcpossess said land the facilities thereon, and hold the same as if said lease had
never been made or issued.
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LEASE v ;LAIT'AN ,oU~ ~
EXHIBIT "A'
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S,CTION ~ -8(221--20-31
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STAT, CONTROL NO
PARCEL NO 205, 273
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CITY OF DUBUQUE, IOWA
MEMORANDUM
May 9, 2000
TO:
The Honorable Mayor and City Council Members
FROM:
Michael C. Van Milligen, City Manager
SUBJECT:
Construction of Fourth/Fifth Street ParkingnlDOT Agreement to
Lease Property
.
Public Works Director Mike Koch is recommending approval of a lease agreement
with the Iowa Department of Transportation to allow the City to construct a City
parking lot partially under the U.S. 61/151 bridge structure from 4th to 5th Streets,
between Central Avenue and White Street.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM/dd
Attachment
cc:
Barry Lindahl, Corporation Counsel
Tim Moerman, Assistant City Manager
Mike Koch, Public Works Director
VI
.
Of: :21Hd 01 .\;¡~¡OO
03/\i:.LJ:3d
CITY OF DUBUQUE, IOWA
MEMORANDUM
May 8, 2000
TO:
FROM:
Michael C. Van Milligen, City Manager
Michael A. Koch, Public Works Director %;ll1:~~~'
SUBJECT:
Construction of Fourth/Fifth Street Parking - lOOT Agreement to Lease
Property
INTRODUCTION
The following agreement provides approval from the Iowa Department of
Transportation (lOOT) to build a surface City parking lot partially under the US 61/151
bridge structure from 4th to 5th Streets, between Central and White.
DISCUSSION
.
This project has been in the Capital Improvement Program for a number of years;
however, the City was never able to come to terms with lOOT on the rental cost of
the area beneath the bridge structure and within the highway right-of-way. With some
changes in staffing at lOOT, the City has now reached an agreement on the price for
the leased area and plans are being finalized by City staff for the construction of a City
parking lot. A preliminary plan of the parking lot and landscaping is attached. The
parking lot would contain 48 stalls and would be built in the Year 2000. Of the total,
28 parking stalls would be located in the lOOT right-of-way. The area to be leased is
shown as Parcel A and Parcel B on the attached survey plat.
Part of the landscaping plan for the parking lot would be one of the gateway entrances
to the downtown previously approved by the Council for funding. Therefore, the two
projects have been merged into one project construction contract.
BUDGET IMPACT
The cost to lease the right-of-way from lOOT will be $2,956.80 per year, or about
$8.75 per parking stall, per month.
.
'.
.
.
.
RECOMMENDATION
The lease of this property would be in the format as a Commercial Airspace Lease
between the Iowa Department of Transportation and the City of Dubuque. The lease
has been reviewed and approved by Corporation Counsel Barry Lindahl as to its legal
form, and I would recommend that the City Council execute the lease agreement. The
City is required to "hold harmless" the State of Iowa, and the agreement would be
revokable within a 60-day notice by the State. These are standard terms of their lease
contracts, as well as similar terms required on City leases.
ACTION TO BE TAKEN
The City Council is requested to authorize and direct the Mayor to sign the Commercial
Airspace Lease with the Iowa Department of Transportation.
MAK/vjd