School D 28E Agree Neighborhood Resource Ctr
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MEMORANDUM
November 16, 2005
TO:
The Honorable Mayor and City Council Members
FROM:
Michael C. Van Milligen, City Manager
SUBJECT: 28E Agreement with the Dubuque Community School District,
Neighborhood Resource Center
Leisure Services Manager Gil Spence recommends execution of a 28E Agreement with
the Dubuque Community School District for operation of the Resource Center in the
new Prescott Elementary School.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
(J1J ~j2tL
Micnael C. Van Milligen
MCVM/jh
Attachment
cc: John Burgart, Superintendent, Dubuque Community School District
Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
GiI D. Spence, Leisure Services Manager
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MEMORANDUM
November 15, 2005
TO: Michael C. Van Milligen, City Manager
FROM: Gil D. Spence, Leisure Services ManageY
SUBJECT: 28E Agreement with the Dubuque Community School District,
Neighborhood Resource Center
INTRODUCTION
The purpose of this memorandum is to request City Council approval of the 28E
Agreement with the Dubuque Community School District for operation of the
Neighborhood Resource Center in the new Prescott Elementary School.
BACKGROUND
During the planning process for the new Prescott School, the City expressed an interest
in creation of a space for a Neighborhood Resource Center to be used as a gathering
space for issues of interest to the neighborhood and for recreation programming. The
City offered the School District $250,000 toward construction of the Center for creation
of the 1,700 sq. ft. Center.
City and School District staff have discussed the 28E Agreement over the last several
months and been through several revisions to reach this final version. Attorneys from
both organizations have reviewed and commented on the agreement.
DISCUSSION
The School Board approved the agreement on November 14, 2005 so City Council
action will make it final. The main points of the agreement are as follows:
. Length is for an initial ten-year period, with one five-year renewal period.
. The City will pay $250,000 to the School District toward construction of the Center.
continued
28E Agreement, page two
. The City will be allowed to open and close the cafeteria, gymnasium, and other
areas permitted by the School District with no School District employee required to
be present.
. We will pay $1,200 for natural gas, $2,000 for electricity, and $2,800 for custodial
services and supplies. We will maintain our own telephone line also.
. All School District rules and regulations that apply to the School will apply to the
Center, including no smoking and no alcohol.
. The City will provide the equipment and furnishings needed for the Center.
ACTION STEP
The action requested is that the City Council approve the 28E Agreement with the
Dubuque Community School District.
GDS:et
attachment
28E AGREEMENT
between
The Dubuque Community School District
and
The City of Dubuque, Iowa
This Agreement dated this 14th day of November, 2005, for reference purposes, by and
between the Dubuque Community School District (herein the "School District") and the City of
Dubuque, Iowa (herein the "City').
RECITALS
The School District owns property in the City of Dubuque, Iowa, legally described-on
Exhibit A attached (the "Property").
The School District is in the process of constructing a new Elementary School in
downtown Dubuque on the Property and the City desires to establish a Neighborhood Resource
Center as part of the new elementary school. The City and the School District wish to enter into
this Agreement pursuant to the provisions of Chapter 28E, Code ofIowa.
THEREFORE, in consideration ofthe mutual agreements and covenants contained
herein, the City and the School District agree as follows:
J. DEFINITIONS.
"Center" means the Neighborhood Resource Center consisting of an area of 1,700
square feet as part ofthe School Building.
"City" means the City of Dubuque.
"City Manager" includes the City Manager of the City of Dubuque and me City
Manager's designee.
"Elementary School" means the School Building being constructed on the
Property and the Property itself.
"Exhibit A" contains the legal description ofthe Property.
"Exhibit B" is a drawing showing the location of the Center in relation to the
School Building.
"School Building" means the new Elementary School of approximately 60,000
square feet currently under construction by the School District on the Property.
"School District" means the Dubuque Community School District.
"Superintendent" includes the Superintendent of Schools ofthe Dubuque
Community School District and the Superintendent's designee.
2. DURATION OF AGREEMENT. This Agreement shall commence on the date
immediately following both its filing with the Secretary of State and recording with the Dubuque
County Recorder and shall continue for an initial period often (10) years thereafter. This
Agreement shall automatically renew for one term of five years unless either party gives written
notice to the other of intent to terminate the Agreement at the expiration of the initial term. Any
notice of intent to terminate shall be provided to the other party not less than 365 days prior to
the expiration of the initial term.
3. ORGANIZATION. No separate entity will be created to carry out the intent and
purpose of this Agreement.
Subject to the terms and conditions of this Agreement, the City shall be responsible for
the administration of the Center and the enforcement of rules and regulations relating to the
operation thereof. Except for the Center, the School District shall be responsible for the
administration, ongoing management, and operation of the Elementary School and School
Building.
4. PURPOSE OF AGREEMENT. The purpose of this Agreement is to permit the
City and the School District to make efficient use of their respective powers to provide the
services and facilities referred to herein.
The School District is in the process of constructing an Elementary School with adjoining
parking facilities and play area, and the Center. The Center will include a meeting room,
community room, and rest room, as shown on Exhibit B.
The City may request the School District to identify the Center with a name different
from the name of the School Building. If a name different from the name of the School Building
is authorized by the School District, any signage, whether attached to the School Building or free
standing and the location thereof must be approved in advance by the School District.
5. FINANCING THE SCHOOL, CONSTRUCTION. In consideration for the
City's right to the use of the Center as set forth herein, the City shall pay the sum of $250,000 to
the School District toward the construction of the Center.
The City shall make periodic payments of such contribution 0 the School District; such
payments shall be made within 30 days after receipt of an invoice from the School District. The
amount of each such invoice and partial payment shall be determined by the Architect for the
School District based upon the work completed on the Center. The School District shall be
responsible for all other costs related to the construction of the School Building and adjoining
areas, except as otherwise herein provided.
6. DESIGN AND CONSTRUCTION.
6.1 Design. The School District has contracted for the design of the School Building
and the Center. Exhibit B shows the proposed layout and location of the Center
and the School Building. Exhibit B and the full enlargement thereof prepared by
the School District's Architect have been approved by the School District and the
City with respect to the location and design of the Center.
6.2 Construction. The School District has secured bids for the construction of the
School Building, including the Center, pursuant to Iowa Law.
7. MANAGEMENT, OPERATION, AND USE OF THE SCHOOL
BUILDING, GROUNDS AND CENTER.
7.1 Premises and Term. Upon the terms and conditions of this Agreement, and in
consideration of the City's contribution of $250,000 toward the cost of
construction of the Center, it is agreed as follows:
7.2 Zones of Use.
A) The Center. The parties agree that the City's right to occupy and use the
Center is exclusive, it being the intent of the parties that the Center is to be
shared and jointly used by the public and by the public school students
pursuant to a "Use Schedule" developed by the City Manager. The School
District's use of the Center shall be scheduled through the City Manager,
with the School District receiving priority in scheduling after City and
City-affiliated groups and with no charge for its usage. The City shall
provide the principal of the school a copy of the next month's schedule.
As changes occur in such schedule during the month, the City Manager
shall provide an update via e-mail or fax to the Superintendent.
B) The School Cafeteria and Gymnasium. The City may use the school
cafeteria and gymnasium according to a schedule approved by the
Superintendent. The City shall receive priority scheduling after school and
school-affiliated groups, with no additional charge for such usage, except
that the City will be charged for any costs for clean-up that requires school
staff to work beyond their normal hours.
The City shall be allowed to open and close the School Building cafeteria,
gymnasium, or other areas of use permitted by the School District on
weekends so that no School District employee will be required to be
present at the School Building. A City employee, approved by the
Superintendent, shall be provided, at the City's expense, and such person
must be present at all times when the School Building or other areas of the
school site are being used by the City or under the auspices ofthe City.
The City shall be responsible for any damage to the School District's
Building or equipment during use by the City which is caused by the
City's negligence. The School District's equipment (such as kitchen
equipment) shall be operated only by persons approved in advance by the
Superintendent. The City may use or authorize the use of equipment in
the School Building approved in advance by the Superintendent. The City
shall make a reasonable effort to prohibit any persons from roaming the
hallways or entering any offices in the School Building when it is
supervising use of the School Building. Any damage to persons or
property or the death of any person while the School Buildings or grounds
are being used by the City caused by the City's negligence shall be the
responsibility of the City.
C) Other Areas ofthe School. The City's use of any other areas of the
School Building or Property shall be approved in advance by the
Superintendent. The City shall receive priority scheduling after school and
school-affiliated groups, subject to the terms and conditions of this
Agreement. Use of such areas of the School Building or Property will
require supervision by School District employees except as provided in
par. B above. Any costs incurred by the School District for such service
will be paid by the City.
D) The City shall not have any right to use the cafeteria, gymnasium and
other parts of the School Building (except the Center) or the Property at
any time while the Elementary School is in session.
E) Notwithstanding any other provision of this Agreement, no usage by the
City ofthe Center or any other part of the School Building or the Property
shall at any time in any manner interfere with the operation of the
Elementary School or the students attending the Elementary School. The
decision of whether there is any interference with respect to the operation
ofthe School or students shall be determined by the Superintendent. The
City Manager shall immediately terminate any use of the Center or the
School Building or Property which in any manner interferes with the
operation of the Elementary School or the students attending the
Elementary School. Written notice of such interference shall be provided
to the City Manager by the Superintendent.
7.3 Operation and Maintenance. The City shall be responsible for operation ofthe
Center, including general supervision ofthe Center. The operation of the Center
shall be under the general administration of the City Manager.
The School District shall have sole responsibility to provide usual custodial and
maintenance services for the Center, and for paying all charges for utilities,
including gas, water, electricity, and sewer. For the first year of operation, the
City shall reimburse the School District $1,200 for natural gas, $2,000 for
electricity and $2,800 for custodial services and supplies, Utility rates will be
adjusted thereafter annually on June 30, based on the increase or decrease in the
average consumer price index for all urban consumers (CPIU) measured for the
twelve months ending December 31 of the previous year, as published by the U.S.
Bureau of Labor Statistics. Custodial service rates shall be adjusted according to
the annual percentage of increase in School District custodial staff total salary and
benefit package. The City shall pay all long distance telephone charges for the
telephone in the Center and maintain its own telephone system in the Center. The
School District shall perform or contract to perform any repair or modifications to
the Center. The City shall pay for the actual cost of labor and materials for any
repair to the Center and for any modifications which the City requests and to
which the School District agrees. The School District shall pay for any
modifications to the Center which it requests and to which the City agrees.
7.4 School Policies The City acknowledges that the School District has certain
policies governing the use of its facilities, including policies relating to health and
welfare, which are designed for the benefit of the School District and all facility
users. The City agrees that during the time it is operating and/or using the Center,
such policies shall continue to apply. The Superintendent shall provide copies of
all applicable policies to the City Manager prior to the commencement of this
Agreement and shall also provide any new or modified policies to the City
Manager from time to time during the term of this Agreement. The parties agree
that no tobacco products, alcoholic beverages, drugs prohibited by law, or
weapons (as defined in School District Policies) shall be allowed at the Center or
in the School Building or on the School Property at any time. Any person or
group in violation of the provisions of the preceding sentence shall thereafter be
prohibited from using the Center or the School Building or the School Property.
The City, while utilizing the School District Building or Property under this
Agreement, shall make a reasonable effort to prohibit use ofthe Center or School
Building or Property by (i) any person known by the City to be a registered sex
offender under any federal or state law (ii) any person known by the City to have
committed any act prohibited by Chapter 692A, Code of Iowa and (iii) any person
known by the City to have been convicted of any other offense detrimental to
children or who engaged in any act detrimental to children.
7.5 Building Security. In its use of the Center or of any other area of the school, the
City shall abide by all security procedures established by the School District and
published in a security manual provided to the City Manager and updated as
necessary by the Superintendent. The Center shall be included in the alarm system
for the total facility; the City shall be charged for any police alarm calls to the
Center or School resulting from the City's use, unless that call is the result of the
alarm system's malfunction.
8. ASSIGNMENT AND SUBLEASE PROHIBITED. This Agreement shall not
be assigned by the City nor shall any part of the Center be sublet by the City.
9. DECLARATION OF DEFAULT AND NOTICE. In the event either party
determines the other has defaulted in the performance of a material obligation hereunder, the
aggrieved party may declare that default has occurred and give notice thereofto the defaulting
party. Notice of default shall be given in writing, shall specify the nature of the default and the
provision of this Agreement in default, and shall further specify what action is required ofthe
defaulting party to remedy the default. The defaulting party shall have thirty (30) days from the
date of its receipt of the notice of default to remedy the default. If the default has not been
remedied, by the end of such thirty (30) day period, the aggrieved party may pursue its remedies
as provided herein. Notwithstanding the foregoing, if the default is of such a nature that it is
unable to be remedied within said thirty (30) day period, the defaulting party shall not be in
breach of this Agreement so long as the defaulting party is making good faith efforts to remedy
the default during said thirty (30) day period and remedies the default as soon thereafter as is
reasonably possible.
10. REMEDIES UPON DEFAULT. Either party may, at its option, after declaring
default and giving notice thereof as provided in paragraph-& 9 above, seek tern.ination or specific
performance of this Agreement.
In order to obtain termination or specific performance of this Agreement, the party
seeking such relief shall, after expiration of the thirty (30) day period following receipt of notice
of default referred to in Par. 9, shall commence a proceeding for termination or specific
performance in the Iowa District for Dubuque County. The petitioning party may seek
termination and specific performance as alternative forms of relief and nothing in this Agreement
shall be construed to require the petitioning party to elect its remedy at the time suit is filed.
11. EFFECT OF TERMINATION. In the event of termination of this Agreement
for any reason, the City shall have a reasonable time to remove all of its equipment located in the
Center.
12. MODIFICATION OF THIS AGREEMENT. Certain management and
organizational issues addressed in this agreement may need to be revised based upon either the
School District's or the City's experience during the initial year of operation or in subsequent
years during the term of this agreement. Therefore, the Superintendent and City Manager will
review the terms of this agreement at the end of each year to determine if any modifications
should be made. No waiver, change, modification or amendment ofthis Agreement shall be
binding upon either party unless such changes are proposed in writing and are approved by both
parties in the same manner as this Agreement.
13. INDEMNITY AND HOLD HARMLESS.
13.1 School District Obligation. The School District hereby agrees to indemnify,
defend and hold harmless the City, its officers, agents, and employees, or any
other persons acting on its behalf, against any and all claims, suits, actions, debts,
damages, costs, charges, and expenses, including court costs and attorney's fees,
and against all liability for property damage and personal injury, including death
resulting directly or indirectly therefrom, arising from any act of negligence of the
School District or its agents or employees in the performance or nonperformance
of this Agreement.
13.2 City Obligation. The City agrees to indemnify, defend, and hold harmless the
School District, its officer, agents, and employees, against any and all claims,
suits, actions, debts, damages, costs, charges, and expenses, including court costs
and attorney's fee, and against all liability for the property damage and personal
injury, including death resulting directly or indirectly therefrom, arising from any
act of negligence of the City, its agents, employees, or any other persons acting on
its behalf in the performance or nonperformance of this Agreement.
14. NOTICES. Whenever this Agreement requires or permits any notice or written
request by one party to another, it shall be deemed to have been properly given if and when
delivered in person or three (3) business days after having been deposited in any U.S. Postal
Service and sent by registered or certified mail, postage prepaid, addressed as follows:
(1) If to the City:
City Manager
City Hall
50 West 13th Street
Dubuque, IA 52001
(2) If to the School District:
Superintendent of Schools
Dubuque Community School District
2300 Chaney Road
Dubuque,IA 52001
15. APPROVAL.
15.1 By the City Council. This Agreement was approved by the City Council ofthe
City of Dubuque on the day of ,2005.
15.2 By the School District. This Agreement was approved by the Board of Directors
of the Dubuque Community School District on the 14th day of November, 2005.
Dubuque Community School District
City of Dubuque, Iowa
By:
~~
Board of Directors
/; 'xl i:,uuuJ
rt1u ./ ((., .
vIoni S. Lucas, Secretary
Board of Directors
By:
Mayor
By:
By:
City Clerk
1111111111111111111111111111111111111111111111111111111111111I11III1111111111111
Doc ID: 005319480012 Type: GEN
Recorded: 12/21/2005 at 10:44:51 AM
Fee Amt: $62.00 PaRe 1 of 12
Dubuque County Iowa
Kathy Flynn Thurlow Recorder
Flle2005-00020648
Prepared by: Barry A. Lindahl, Corporation Counsel, 300 Main Street, Dubuque, IA 52001 (563)
583-4113
Return to: Jeanne F. Schneider, City Clerk, 50 West 13th Street, Dubuque IA 52001
28E AGREEMENT
between
The Dubuque Community School District
and
The City of Dubuque, Iowa
This Agreement dated this 14th day of November, 2005, for reference purposes, by and
between the Dubuque Community School District (herein the "School District") and the City of
Dubuque, Iowa (herein the "City').
RECITALS
The School District owns property in the City of Dubuque, Iowa, legally described-Qn
Exhibit A attached (the "Property").
The School District is in the process of constructing a new Elementary School in
downtown Dubuque on the Property and the City desires to establish a Neighborhood Resource
Center as part of the new elementary school. The City and the School District wish to enter into
this Agreement pursuant to the provisions of Chapter 28E, Code ofIowa.
THEREFORE, in consideration of the mutual agreements and covenants contained
herein, the City and the School District agree as follows:
1. DEFINITIONS.
"Center" means the Neighborhood Resource Center consisting of an area of 1,700
square feet as part of the School Building.
"City" means the City of Dubuque.
"City Manager" includes the City Manager of the City of Dubuque and the City
Manager's designee.
"Elementary School" means the School Building being constructed on the
Property and the Property itself.
"Exhibit A" contains the legal description of the Property.
"Exhibit B" is a drawing showing the location of the Center in relation to the
School Building.
"School Building" means the new Elementary School of approximately 60,000
square feet currently under construction by the School District on the Property.
.
(!) Ha 00
o ((7~
"School District" means the Dubuque Community School District.
"Superintendent" includes the Superintendent of Schools ofthe Dubuque
Community School District and the Superintendent's designee.
2. DURATION OF AGREEMENT. This Agreement shall commence on the date
immediately following both its filing with the Secretary of State and recording with the Dubuque
County Recorder and shall continue for an initial period often (10) years thereafter. This
Agreement shall automatically renew for one term of five years unless either party gives written
notice to the other of intent to terminate the Agreement at the expiration of the initial term. Any
notice of intent to terminate shall be provided to the other party not less than 365 days prior to
the expiration of the initial term.
3. ORGANIZATION. No separate entity will be created to carry out the intent and
purpose of this Agreement.
Subject to the terms and conditions ofthis Agreement, the City shall be responsible for
the administration of the Center and the enforcement ofmles and regulations relating to the
operation thereof. Except for the Center, the School District shall be responsible for the
administration, ongoing management, and operation ofthe Elementary School and School
Building.
4. PURPOSE OF AGREEMENT. The purpose of this Agreement is to permit the
City and the School District to make efficient use of their respective powers to provide the
services and facilities referred to herein.
The School District is in the process of constructing an Elementary School with adjoining
parking facilities and play area, and the Center. The Center will include a meeting room,
community room, and rest room, as shown on Exhibit B.
The City may request the School District to identify the Center with a name different
from the name of the School Building. If a name different from the name of the School Building
is authorized by the School District, any signage, whether attached to the School Building or free
standing and the location thereof must be approved in advance by the School District.
5. FINANCING THE SCHOOL, CONSTRUCTION. In consideration for the
City's right to the use of the Center as set forth herein, the City shall pay the sum of$250,000 to
the School District toward the construction ofthe Center.
The City shall make periodic payments of such contribution 0 the School District; such
payments shall be made within 30 days after receipt of an invoice from the School District. The
amount of each such invoice and partial payment shall be determined by the Architect for the
School District based upon the work completed on the Center. The School District shall be
responsible for all other costs related to the construction of the School Building and adjoining
areas, except as otherwise herein provided.
6. DESIGN AND CONSTRUCTION.
6.1 Design. The School District has contracted for the design ofthe School Building
and the Center. Exhibit B shows the proposed layout and location ofthe Center
and the School Building. Exhibit B and the full enlargement thereof prepared by
the School District's Architect have been approved by the School District and the
City with respect to the location and design ofthe Center.
6.2 Construction. The School District has secured bids for the construction of the
School Building, including the Center, pursuant to Iowa Law.
7. MANAGEMENT, OPERATION, AND USE OF THE SCHOOL
BUILDING, GROUNDS AND CENTER.
7.1 Premises and Term. Upon the terms and conditions of this Agreement, and in
consideration ofthe City's contribution of $250,000 toward the cost of
construction of the Center, it is agreed as follows:
7.2 Zones or Use.
A) The Center. The parties agree that the City's right to occupy and use the
Center is exclusive, it being the intent of the parties that the Center is to be
shared and jointly used by the public and by the public school students
pursuant to a "Use Schedule" developed by the City Manager. The School
District's use of the Center shall be scheduled through the City Manager,
with the School District receiving priority in scheduling after City and
City-affiliated groups and with no charge for its usage. The City shall
provide the principal ofthe school a copy ofthe next month's schedule.
As changes occur in such schedule during the month, the City Manager
shall provide an update via e-mail or fax to the Superintendent.
B) The School Cafeteria and Gymnasium. The City may use the school
cafeteria and gymnasium according to a schedule approved by the
Superintendent. The City shall receive priority scheduling after school and
school-affiliated groups, with no additional charge for such usage, except
that the City will be charged for any costs for clean-up that requires school
staff to work beyond their normal hours.
The City shall be allowed to open and close the School Building cafeteria,
gymnasium, or other areas of use permitted by the School District on
weekends so that no School District employee will be required to be
present at the School Building. A City employee, approved by the
Superintendent, shall be provided, at the City's expense, and such person
must be present at all times when the School Building or other areas ofthe
school site are being used by the City or under the auspices of the City.
The City shall be responsible for any damage to the School District's
Building or equipment during use by the City which is caused by the
City's negligence. The School District's equipment (such as kitchen
equipment) shall be operated only by persons approved in advance by the
Superintendent. The City may use or authorize the use of equipment in
the School Building approved in advance by the Superintendent. The City
shall make a reasonable effort to prohibit any persons from roaming the
hallways or entering any offices in the School Building when it is
supervising use of the School Building. Any damage to persons or
property or the death of any person while the School Buildings or grounds
are being used by the City caused by the City's negligence shall be the
responsibility of the City.
C) Other Areas of the School. The City's use of any other areas of the
School Building or Property shall be approved in advance by the
Superintendent. The City shall receive priority scheduling after school and
school-affiliated groups, subject to the terms and conditions of this
Agreement. Use of such areas ofthe School Building or Property will
require supervision by School District employees except as provided in
par. B above. Any costs incurred by the School District for such service
will be paid by the City.
D) The City shall not have any right to use the cafeteria, gymnasium and
other parts of the School Building (except the Center) or the Property at
any time while the Elementary School is in session.
E) Notwithstanding any other provision of this Agreement, no usage by the
City of the Center or any other part of the School Building or the Property
shall at any time in any manner interfere with the operation of the
Elementary School or the students attending the Elementary Schoo\. The
decision of whether there is any interference with respect to the operation
of the School or students shall be determined by the Superintendent. The
City Manager shall immediately terminate any use of the Center or the
School Building or Property which in any manner interferes with the
operation of the Elementary School or the students attending the
Elementary Schoo\. Written notice of such interference shall be provided
to the City Manager by the Superintendent.
7.3 Operation and Maintenance. The City shall be responsible for operation of the
Center, including general supervision ofthe Center. The operation of the Center
shall be under the general administration of the City Manager.
The School District shall have sole responsibility to provide usual custodial and
maintenance services for the Center, and for paying all charges for utilities,
including gas, water, electricity, and sewer. For the first year of operation, the
City shall reimburse the School District $1,200 for natural gas, $2,000 for
electricity and $2,800 for custodial services and supplies, Utility rates will be
adjusted thereafter annually on June 30, based on the increase or decrease in the
average consumer price index for all urban consumers (CPTIJ) measured for the
twelve months ending December 31 of the previous year, as published by the U.S.
Bureau of Labor Statistics. Custodial service rates shall be adjusted according to
the annual percentage of increase in School District custodial staff total salary and
benefit package. The City shall pay all long distance telephone charges for the
telephone in the Center and maintain its own telephone system in the Center. The
School District shall perform or contract to perform any repair or modifications to
the Center. The City shall pay for the actual cost of labor and materials for any
repair to the Center and for any modifications which the City requests and to
which the School District agrees. The School District shall pay for any
modifications to the Center which it requests and to which the City agrees.
7.4 School Policies The City acknowledges that the School District has certain
policies governing the use of its facilities, including policies relating to health and
welfare, which are designed for the benefit of the School District and all facility
users. The City agrees that during the time it is operating and/or using the Center,
such policies shall continue to apply. The Superintendent shall provide copies of
all applicable policies to the City Manager prior to the commencement of this
Agreement and shall also provide any new or modified policies to the City
Manager from time to time during the term of this Agreement. The parties agree
that no tobacco products, alcoholic beverages, drugs prohibited by law, or
weapons (as defined in School District Policies) shall be allowed at the Center or
in the School Building or on the School Property at any time. Any person or
group in violation of the provisions of the preceding sentence shall thereafter be
prohibited from using the Center or the School Building or the School Property.
The City, while utilizing the School District Building or Property under this
Agreement, shall make a reasonable effort to prohibit use of the Center or School
Building or Property by (i) any person known by the City to be a registered sex
offender under any federal or state law (ii) any person known by the City to have
committed any act prohibited by Chapter 692A, Code ofIowa and (iii) any person
known by the City to have been convicted of any other offense detrimental to
children or who engaged in any act detrimental to children.
7.5 Building Security. In its use ofthe Center or of any other area ofthe school, the
City shall abide by all security procedures established by the School District and
published in a security manual provided to the City Manager and updated as
necessary by the Superintendent. The Center shall be included in the alarm system
for the total facility; the City shall be charged for any police alarm calls to the
Center or School resulting from the City's use, unless that call is the result of the
alarm system's malfunction.
8. ASSIGNMENT AND SUBLEASE PROHIBITED. This Agreement shall not
be assigned by the City nor shall any part of the Center be sublet by the City.
9. DECLARATION OF DEFAULT AND NOTICE. In the event either party
determines the other has defaulted in the performance of a material obligation hereunder, the
aggrieved party may declare that default has occurred and give notice thereof to the defaulting
party. Notice of default shall be given in writing, shall specify the nature of the default and the
provision ofthis Agreement in default, and shall further specify what action is required of the
defaulting party to remedy the default. The defaulting party shall have thirty (30) days from the
date of its receipt of the notice of default to remedy the default. If the default has not been
remedied, by the end of such thirty (30) day period, the aggrieved party may pursue its remedies
as provided herein. Notwithstanding the foregoing, if the default is of such a nature that it is
unable to be remedied within said thirty (30) day period, the defaulting party shall not be in
breach of this Agreement so long as the defaulting party is making good faith efforts to remedy
the default during said thirty (30) day period and remedies the default as soon thereafter as is
reasonably possible.
10. REMEDIES UPON DEFAULT. Either party may, at its option, after declaring
default and giving notice thereof as provided in paragraph-& 9 above, seek termination or specific
performance of this Agreement.
In order to obtain termination or specific performance of this Agreement, the party
seeking such relief shall, after expiration of the thirty (30) day period following receipt ofnotice
of default referred to in Par. 9, shall commence a proceeding for termination or specific
performance in the Iowa District for Dubuque County. The petitioning party may seek
termination and specific performance as alternative forms of relief and nothing in this Agreement
shall be construed to require the petitioning party to elect its remedy at the time suit is filed.
II. EFFECT OF TERMINATION. In the event oftermination ofthis Agreement
for any reason, the City shall have a reasonable time to remove all of its equipment located in the
Center.
12. MODIFICATION OF THIS AGREEMENT. Certain management and
organizational issues addressed in this agreement may need to be revised based upon either the
School District's or the City's experience during the initial year of operation or in subsequent
years during the term of this agreement. Therefore, the Superintendent and City Manager will
review the terms of this agreement at the end of each year to determine if any modifications
should be made. No waiver, change, modification or amendment ofthis Agreement shall be
binding upon either party unless such changes are proposed in writing and are approved by both
parties in the same manner as this Agreement.
13. INDEMNITY AND HOLD HARMLESS.
13.1 School District Obligation. The School District hereby agrees to indemnify,
defend and hold harmless the City, its officers, agents, and employees, or any
other persons acting on its behalf, against any and all claims, suits, actions, debts,
damages, costs, charges, and expenses, including court costs and attorney's fees,
and against all liability for property damage and personal injury, including death
resulting directly or indirectly therefrom, arising from any act of negligence of the
School District or its agents or employees in the performance or nonperformance
ofthis Agreement.
13.2 City Obligation. The City agrees to indemnify, defend, and hold harmless the
School District, its officer, agents, and employees, against any and all claims,
suits, actions, debts, damages, costs, charges, and expenses, including court costs
and attorney's fee, and against all liability for the property damage and personal
injury, including death resulting directly or indirectly therefrom, arising from any
act of negligence of the City, its agents, employees, or any other persons acting on
its behalf in the performance or nonperformance of this Agreement.
14. NOTICES. Whenever this Agreement requires or permits any notice or written
request by one party to another, it shall be deemed to have been properly given if and when
delivered in person or three (3) business days after having been deposited in any U.S. Postal
Service and sent by registered or certified mail, postage prepaid, addressed as follows:
(1) If to the City:
City Manager
City Hall
50 West 13th Street
Dubuque,IA 52001
(2) If to the School District:
Superintendent of Schools
Dubuque Community School District
2300 Chaney Road
Dubuque, IA 52001
15.
APPROVAL.
15.1
By the City Council. T~s AgJ;eement ~prove4 by the City Council of the
City of Dubuque on th~M day of ~.f.vkJ, 2005.
By the School District. This Agreement was approved by the Board of Directors
ofthe Dubuque Community School District on the 14th day of November, 2005.
15.2
Dubuque Community School District
By:
~~
Board of Directors
0u '/J(~~
vJoni S. Lucas, Secretary
Board of Directors
By:
. Mayor ':1J
By: ,;-/'7~74~/'/>';;P~L1. .
f ,-
City Clerk
State of Iowa )
) 55:
County of Dubuque)
On this 5th day of December, 2005, before me, the undersigned, a Notary Public in and
for the State of Iowa, personally appeared Terrance M. Duggan and Jeanne F.
Schneider, to me personally known, who, being by me duly sworn, did say that they are
the Mayor and City Clerk, respectively, of the City of Dubuque, Iowa; a municipal
corporation; that the seal affixed to the foregoing instrument is the corporate seal of the
corporation, and that the instrument was signed and sealed on behalf of the corporation,
by authority of its City Council, and Terrance M. Duggan and Jeanne F. Schneider,
acknowledged the execution of the instrument to be their voluntary act and deed and
the voluntary act and deed of the corporation, by it voluntarily executed.
N ary Public In and for said State
.....\A( S
5-~. ,,~ USAN M'. WINTER
~ . ~ COMMISSION NO.183274
'0 .,,- MY COMMISSION EXPIRES
w 2/14/08
State of Iowa )
) ss:
County of Dubuque)
On this 5th day of December, 2005, before me, the undersigned, a Notary Public in and
for the State of Iowa, personally appeared Douglas J. Horstmann and Joni Lucas, to me
personally known, who, being by me duly sworn, did say that they are the Board
President and Board Secretary, respectively, of the Dubuque Community School
District, Dubuque, Iowa; that the seal affixed to the foregoing instrument is the corporate
seal of the corporation, and that the instrument was signed and sealed on behalf of the
corporation, by authority of its Board of Directors, as passed on the 14th day of
November, 2005, and Douglas J. Horstmann and Joni Lucas, acknowledged the
execution of the instrument to be their voluntary act and deed and the voluntary act and
deed of the corporation, by it voluntarily executed.
~.'''. JOAN M. SIGWARTH
" .
f r Commission Number 737370
-0.> My Comm. Exp. OCT 27, 2008
Exhibit A
to
28E Agreement
between
The Dubuque Community School District
and
The City of Dubuque, Iowa
Legal descriptions of Dubuque Community School District properties which are the site of a new
elementary school which includes a Neighborhood Resource Center within its perimeter.
. North 2/5 of City Lot 446 in the City of Dubuque, Dubuque County, Iowa
· North 1/5 of City Lot 479 and north Y, - NM 1/5 - of City Lot 479 in the City of Dubuque,
Dubuque County, Iowa
· Lot A of City Lot 446 in the City of Dubuque, Dubuque County, Iowa
· Southerly 26 1/5 feet of the Middle One-fifth of Out Lot 446 in the City of Dubuque, Iowa,
according to the United States Commissioners' Map of the Survey of the Town of Dubuque,
Iowa and the Northerly 25 feet of the Middle 1/5 of City Lot 446 in the City of Dubuque, Iowa
according to the United States Commissioners' Map of the City of Dubuque, Iowa
· North 36 feet of the South Middle 1/5 of Out Lot 446 and the Southerly 66 feet and 6 inches of
the Northerly Three-fifths of Out Lot 447 in the City of Dubuque, Iowa, according to the
United States Commissioners' Map of the Town of Dubuque, Iowa
· North 34 feet of the South 66 feet 8 inches of Out Lot 446 in the City of Dubuque, Iowa,
according to the United States Commissioners' Map of the Town of Dubuque, Iowa
· South 32 feet 8 inches of Out Lot 446 in the City of Dubuque, Iowa, according to the United
States Commissioners' Map of the Town of Dubuque, Iowa
· South half of the north middle one-fifth of Out Lot 479 and the north half of the middle one-
fifth of Out Lot 479 in the City of Dubuque, Iowa, according to the United States
Commissioners' Map of the Survey of the Town of Dubuque, Iowa
· South one-haIf of the Middle one-fifth of Out Lot 479 in the City of Dubuque, Iowa, according
to the United States Commissioners' Map thereof
· North one-half of the South one-fifth of Out Lot 479 and the South Middle one-fifth of Out
Lot 479 in the City of Dubuque, Iowa, according to the United States Commissioners' Map
thereof
· South Y, of the South 1/5 of Out Lot 479 in the City of Dubuque, Iowa, according to the
United States Commissioners' Map thereof
8
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