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Vision Iowa Grant Award Agree Amendment D~~~E ~</k.~ MEMORANDUM February 17, 2005 (~..~ TO: Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Amendment to the Vision Iowa Grant Award Agreement The America's River partnership has been diligent in constructing all of the components identified in the Vision Iowa Agreement. To date, many of the projects included in the original application including the National Mississippi River Museum and Aquarium, Grand harbor Resort and Waterpark, Grand River Center education and conference center, Mississippi Riverwalk, Alliant Energy Amphitheater, American Trust River's Edge plaza, Ice Harbor Drive, reconstruction of Bell Street, construction of 400-stall parking lots around the Grand Harbor Hotel, construction of 4th, 5th, and 6th Streets, storm, sanitary and water line installations, extension of fiber optics to service existing and new facilities, new historic lighting, wayfinding signage and landscaping throughout the Port of Dubuque have been completed. Although the majority of projects have been completed, there are specific projects that the City is intending to construct, but requires an extension of time. According to the terms of the Vision Iowa Agreement, the City has until June 2005 to complete these projects or must request Vision Iowa Board approval. Vision Iowa Board approval was received at the October 13, 2004 meeting and the Amendment to the Agreement was recently received stating the projects extended and their new project completion dates. Attached is an Amendment to the Vision Iowa grant award agreement among the Vision Iowa Board, the City of Dubuque, Iowa and the Dubuque County Historical Society, and a resolution approving the amendment. I respectfully request mayor and City Council approval and authorization for the Mayor to sign. nJ (It] ljt Michael C. Van Milligen - MCVM/dll Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Dawn Lang, Budget Director Jerry Enzler, Executive Director of the Mississippi River Museum & Aquarium Mark Thompson, Assistant Attorney General AMENDMENT TO GRANT AWARD AGREEMENT AMONG THE VISION IOWA BOARD, THE CITY OF DUBUQUE, IOWA AND THE DUBUQUE COUNTY HISTORICAL SOCIETY This Amendment to Grant Award Agreement Among the Vision Iowa Board, the City of Dubuque, Iowa and The Dubuque County Historical Society ("Amendment") is entered into by and among the City of Dubuque ("City"), the Dubuque County Historical Society ("Society"), and the Vision Iowa Board ("Board"). Together, the City and the Society may be referred to herein as the "Recipients." Collectively, the Recipients and the Board may be referred to as the "Parties." WHEREAS, on July 11, 2001, the City, the Society, and the Board entered into Grant Award Agreement ("Agreement"), which was effective on July 11, 2001; WHEREAS, under the Agreement, the Board awarded forty million dollars (US$40,000,000) to the City and the Society for their America's River Project ("Project"), subject to certain conditions, including the requirement that the Project be completed by June 30, 2005; WHEREAS, while certain components of the Project are now complete, the City for various reasons has requested an extension of time in which to complete certain other components; WHEREAS, the Board is willing to grant the extensions upon certain conditions as set forth below, NOW THEREFORE, in consideration of the mutual promises contained herein, the Parties hereby agree as follows: I. The time to complete the Proj ect under the Agreement is hereby extended as set forth below: A. To complete the environmental clean up at the Port of Dubuque in connection with the Education & Conference Center, the Recipients shall have until December 31, 2008; B. To complete the parking lot reconstruction and landscaping associated with the Visitor Amenities, Greenways and Smart Growth Initiatives, the Recipients shall have until September 31, 2005; C. To complete the Shot Tower Restoration and Art Elements, the Recipients shall have until June 30, 2006; D. To complete the installation of the Transient Boat Docks, the Recipients shall have until December 31, 2008; E. To complete the planned improvements to the gateway areas adjacent to the Port of Dubuque, the Recipients shall have until December 31,2005; F. To complete the creation of Waterworks Park at the Hawthorne Street Peninsula and the creation ofPyatigorsk Park along the JayceeslHeritage trailhead, the Recipients shall have until December 31, 2007; G. To complete the capital improvements to the Five Flags Civic Center, the Recipients shall have until December 31, 2006. 2. The parties to this Amendment acknowledge that the City has applied for certain funding from the federal government to be used for the restoration of the shot tower, as contemplated in subparagraph I C, above. The parties further acknowledge that the City is pursuing funding from federal, state, and private sources for the creation of Waterworks park and Pyatigorsk Park, as contemplated in subparagraph I F, above. As partial consideration for the extensions granted by this Amendment, the City hereby commits to provide all funding necessary to complete the project components by the dates set forth above, and shall, if necessary, fund any shortfalls caused by a failure, in whole or in part, of any of the funding sources referred to above. 3. Except as specifically modified hereby, the Agreement shall remain unchanged. 4. This Amendment shall be effective upon execution by the City, the Society, and the Board. IN WITNESS WHEREOF, in consideration of the mutual covenants set forth above and for other good and valuable consideration, the receipt, adequacy and legal sufficiency of which are hereby acknowledged, the parties have entered into the above Amendment and have caused their duly authorized representatives to execute this Agreement. FOR THE VISION lOW A BOARD: BY: ANDREW R. ANDERSON, CHAIR Date FOR THE CITY OF DUBUQUE: BY: , MAYOR Date FOR THE DUBUQUE COUNTY HISTORICAL SOCIETY: BY: JERRY ENZLER, EXECUTIVE DIRECTOR Date RESOLUTION NO. 71-05 RESOLUTION APPROVING AN AMENDMENT TO THE GRANT AWARD AGREEMENT AMONG THE VISION IOWA BOARD, THE CITY OF DUBUQUE, IOWA AND THE DUBUQUE COUNTY HISTORICAL SOCIETY WHEREAS, on July 11, 2001, the City of Dubuque (the City), the Dubuque County Historical Society (the Society), and the Vision Iowa Board (the Board) entered into a Grant Award Agreement (Agreement), which was effective on July 11, 2001; WHEREAS, under the Agreement, the Board awarded forty million dollars (US$40,000,000) to the City and the Society for their America's River Project (Project), subject to certain conditions, including the requirement that the Project be completed by June 30, 2005; WHEREAS, while certain components of the Project are now complete, the City for various reasons has requested an extension of time in which to complete certain other components; WHEREAS, the Board is willing to grant the extensions upon certain conditions as set forth in the attached Amendment To Grant Award Agreement among the Vision Iowa Board, The City of Dubuque, Iowa and The Dubuque County Historical Society (the Amendment); WHEREAS, the City Council of the City of Dubuque has determined that the Amendment should be approved. NOW, THE~EFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The attached Amendment To Grant Award Agreement among the Vision Iowa Board, The City Of Dubuque, Iowa and the Dubuque County Historical Society is hereby approved. Section 2. The Mayor is hereby authorized and directed to execute the Amendment on behalf of the City of Dubuque. Passed, approved and adopted this 7th day of March, 2005. Terrance M. Duggan, Mayor ATTEST: Jeanne F. Schneider, City Clerk