Area Residential Care Easement Agreement Proposed AmendmentMasterpiece on the Mississippi
Dubuque
band
AI- America City
1
2007 • 2012 • 2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Proposed Amendment to Area Residential Care Easement Agreement
DATE: July 24, 2013
On May 7, 2012, the City Council entered into an Easement Agreement between the
City of Dubuque, Iowa and Area Residential Care, Inc. This Easement Agreement
provided an easement for the construction and operation of a transfer center for the Jule
Transit System at the ARC Facility located at JFK Circle. Changes to the site design
and flow of traffic have raised the question of responsibility for pavement markings and
the purchase of benches and outside improvements for the area.
Transit Manager Candace Eudaley recommends City Council approval of the First
Amendment to Easement Agreement with Area Residential Care to outline the
responsibility for pavement markings and the purchase of benches and outside
improvements.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
dtie P':Aititaiy-
Michael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Candace Eudaley, Transit Manager
Phil Wagner, Assistant Economic Development Director
MEMO
TO: Michael C. Van Milligen, City Manager
FROM: Candace Eudaley, ECIA Assistant Executive Director
CC: Jodi Johnson, Interim Transit Director
Kelley Deutmeyer, ECIA Executive Director
Phil Wagner, Acting Economic Development Director
RE: Proposed Amendment to ARC Easement Agreement
DATE: July_, 2013
PURPOSE
To request approval of an amendment to the easement agreement between the City and Area
Residential Care, Inc. for The Jule Transfer Center located at the ARC facility on JFK Circle.
BACKGROUND
On May 7, 2012, the City Council entered into an Easement Agreement between the City of Dubuque,
Iowa and Area Residential Care, Inc. This Easement Agreement provided an easement for the
construction and operation of a transfer center for the Jule Transit System at the ARC Facility located at
JFK Circle (the old Econo Foods site). Changes to the site design and flow of traffic have raised the
question of responsibility for pavement markings and the purchase of benches and outside
improvements for the area.
DISCUSSION
The Jule and ARC have determined that benches and outside improvements listed in Exhibit C of the
Easement Agreement and totaling $2,500 will no longer be ARC's responsibility. The project was
overmatched because of the value of the ARC easement so this reduction does not negatively impact
the overall project budget. Instead, the Jule has purchased these items which include benches, a bike
rack, and a trash /recycling receptacle with remaining funds from the Public Transit Infrastructure Grant
(PTIG) which funded the construction of the transfer facility. Changes to paragraph 3 of the agreement
are outlined by Assistant City Attorney Maureen Quann in her supporting /supplemental memo
regarding the Proposed Amendment to ARC Easement Agreement.
Additional striping to designate bus lanes and flow of traffic through the ARC parking lot was necessary
to reduce the risk of accidents during high traffic transfer times. The Jule and ARC have discussed
which party will be responsible for the installation and maintenance of pavement markings in the
Easement Area. The Easement Agreement is silent regarding this obligation. The parties have agreed
that the Jule will be responsible for the initial installation of the pavement markings with remaining funds
from the Public Transit Infrastructure Grant (PTIG); the ARC will maintain the pavement markings
thereafter. Changes to Section 6 of the agreement are outlined by Assistant City Attorney Maureen
Quann in her supporting /supplemental memo regarding the Proposed Amendment to ARC Easement
Agreement.
FINANCIAL
Additional costs for benches, bike rack, trash /recycling receptacle and striping were covered by the
Public Transit Infrastructure Grant (PTIG). No costs to the city of Dubuque are anticipated.
RECOMMENDATION /ACTION
Recommend approval of the Proposed Amendment to ARC Easement Agreement.
THE CITY OF
DUB E MEMORANDUM
Masterpiece on the Mississippi
MAUREEN A. QUANN, ESQ. AAAJL4A44,4A...„„
ASSISTANT CITY ATTORNEY
Michael C. Van Milligen
City Manager
DATE: July 18, 2013
RE: Proposed Amendment to ARC Easement Agreement
INTRODUCTION
This memorandum explains the proposed First Amendment to the Easement
Agreement between the City and Area Residential Care, Inc. for the Jule Transfer
Center located at the ARC Facility on JFK Circle.
The proposed Amendment provides for the installation and maintenance of pavement
markings at the Transfer Center and for a change in ARC's local match obligation.
BACKGROUND
On May 7, 2012, the City Council entered into an Easement Agreement between the
City of Dubuque, Iowa and Area Residential Care, Inc. This Easement Agreement
provided an easement for the construction and operation of a transfer center for the Jule
Transit System at the ARC Facility located at JFK Circle (the old Econo Foods site). In
recent discussions with the Jule and ARC, concerns have been raised regarding
responsibility for pavement markings and the purchase of certain benches and outside
improvements for the area covered by the Easement Agreement dated May 7, 2012.
DISCUSSION
The Jule and ARC have determined that benches and outside improvements listed in
Exhibit C of the Easement Agreement and totaling $2,500 will no longer be ARC's
responsibility. Instead, the Jule will purchase these items which include benches, a bike
rack, and a trash /recycling receptacle with funds from a grant. Paragraph 3 of the
Easement Agreement, Grantor Participation, states:
3.5 Grantor Participation. Grantor agrees to contribute a local match of
$95,000 to the Construction Cost, which local match will be in the form of
this Agreement and improvements to Grantor's parking lot identified on
Exhibit C.
Because the Jule will now purchase the benches and outside improvements, ARC's
local match contribution will be reduced by $2,500.00, and paragraph 3 would be
amended to read as follows (changes bolded):
3.5 Grantor Participation. Grantor agrees to contribute a local match of
$92,500.00 to the Construction Cost, which local match will be in the form
of this Agreement and improvements to Grantors parking lot identified in
Exhibit C, except for the item listed in Exhibit C as Benches and
outside improvements. City will purchase the item listed in Exhibit C
as Benches and outside improvements for an amount totaling
$2,500.00.
The Jule and ARC have also expressed concerns about which party will be responsible
for the installation and maintenance of pavement markings in the Easement Area. The
Easement Agreement is silent regarding this obligation. The parties have agreed that
the Jule will be responsible for the initial installation of the pavement markings, and
ARC will maintain the pavement markings thereafter. Consequently, Section 6, Repairs
and Maintenance, would be amended to include a new paragraph 6.3, which states:
6.3 City will coordinate and bear the financial responsibility for the initial
installation of pavement markings in the Easement Areas. After the initial
installation, Grantor will coordinate and bear the financial responsibility for
the maintenance of such pavement markings.
RECOMMENDATION
This memorandum supports and supplements the memorandum and recommendation
submitted by Candace Eudaley regarding the Proposed Amendment to ARC Easement
Agreement.
cc: Candace Eudaley, Assistant Executive Director, ECIA
Jodi Johnson, The Jule
Phil Wagner, Assistant Economic Development Director
Preparer: Maureen A. Quann, Esq. Suite 330, Harbor View Place, 300 Main Street, Dubuque, IA 52001 (563) 583 -4113
RESOLUTION NO. 238 -13
APPROVAL OF FIRST AMENDMENT TO EASEMENT AGREEMENT BETWEEN THE
CITY OF DUBUQUE, IOWA AND AREA RESIDENTIAL CARE, INC.
Whereas, Area Residential Care, Inc. (ARC) and the City of Dubuque, Iowa (City)
entered into an Easement Agreement (the Easement Agreement) dated the 7th day of
May, 2012 for the construction and operation of a bus transfer center at ARC's facility
located at John F. Kennedy Circle in Dubuque, Iowa (the Transfer Center) described in
that Easement Agreement; and
Whereas, Section 3.5 of the Easement Agreement sets forth ARC's local match
contribution to the construction costs of the Transfer Center; and Whereas, Section 6 of
the Easement Agreement sets forth the repair and maintenance responsibilities of City
and ARC; and
Whereas, City and ARC now desire to modify ARC's local match contribution by
reducing the amount ARC will contribute to the local match by $2,500.00; and
Whereas, City now desires to initially install pavement markings at the Transfer
Center and ARC now desires to bear responsibility for the ongoing maintenance of
those pavement markings; and
Whereas, City and ARC now desire to amend the Easement Agreement as set
forth in the attached First Amendment to Easement Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the First Amendment to Easement Agreement attached hereto is
hereby approved.
Section 2. That the Mayor is hereby authorized and directed to execute the First
Amendment to Easement Agreement on behalf of the City of Dubuque.
Passed, approved and adopted this 5th day of August, 2013.
Attest:
Trish L. Gleason, CMC, Assistant City Clerk
D�
Roy D. Buol, Mayor
FIRST AMENDMENT
TO
EASEMENT AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
AREA RESIDENTIAL CARE, INC.
This First Amendment to the Easement Agreement is dated
purposes then day of arty, n+3.
Whereas, the City of Dubuque (City) and Area Residential Care,
are parties to an Easement Agreement (Agreement) dated for reference
7th day of May, 2012; and
for reference
Inc. (Grantor)
purposes the
Whereas, the parties now desire to amend the Agreement as set forth herein:
1. Par. 3.5 is amended to read as follows:
3.5 Grantor Participation. Grantor agrees to contribute a local match of
$92,500.00 to the Construction Cost, which local match will be in the form of this
Agreement and improvements to Grantors parking lot identified in Exhibit C,
except for the item listed in Exhibit C as Benches and outside improvements.
City will purchase the item listed in Exhibit C as Benches and outside
improvements for an amount totaling $2,500.00.
Section 6 is amended to add a new paragraph 6.3 that reads as follows:
Section 6. Repairs and Maintenance.
6.3 City will coordinate and bear the financial responsibility for the initial
installation of pavement markings in the Easement Areas. After the initial
installation, Grantor will coordinate and bear the financial responsibility for the
maintenance of such pavement markings.
2. These amendments are subject to the approval of the City Council of the City of
Dubuque, Iowa.
CITY OF DUBUQUE, IOWA AREA RESIDENTIAL CARE, INC.
By:
By:
J n
Romaine, Roy D,: uol, Mayor utive Director
06212013
maq
Date: S 13
ATTEST:
By:'JJ2-6,61QgcA
Kcvin 8. Firnstahl, City Clcrk'
Trish L. Gleason
Assistant City Clerk
Date: %23 -1'
2
EASEMENT AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
AREA RESIDENTIAL CARE, INC.
THIS EASEMENT AGREEMENT (the Agreement), dated for reference purposes
the 7th day of May , 2012, is made and entered into by and between Area
Residential Care, Inc., an Iowa not - for - profit corporation (Grantor), and the City of
Dubuque, Iowa, a municipal corporation (City).
WHEREAS, Grantor the owner of certain real estate shown on Exhibit A
attached hereto (the Property); and
WHEREAS, City and Grantor desire to construct on the Property a facility (the
Transfer Center) for the operation of City's transit fleet to serve the public and the
Property; and
WHEREAS, City and Grantor desire to enter in this Agreement to provide for the
financing, construction, and operation of the Transfer Center;
NOW THEREFORE, in consideration of the premises and the mutual obligations
of the parties hereto, each of them does hereby covenant and agree with the other as
follows:
SECTION 1. DEMISE AND TERM. In consideration of the terms, covenants,
conditions and agreements set forth in this Agreement, Grantor hereby grants to City a
non - exclusive easement over and across the areas shown as Easement Areas A, B, C
and D (collectively, the Easement Areas) on Exhibit A, attached hereto, for a term of
thirty (30) years commencing on the 8th day of May , 2012, and terminating at
11:59 p.ni, on the 8th day of May , 2042 (the Term), subject to all of the terms,
covenants, conditions and agreements contained herein.
SECTION 2. RENT. City shall pay Grantor a fee for this Agreement of One Dollar per
year.
SECTION 3. IMPROVEMENTS.
3.1. Transfer Center. Subject to the co
agrees to constriuc't a canopy, shown on Exhibit
Area A. (the Improvements).
'et ford (s`r this Agreement,
Center on Easement
z.2. Flans for Construction of improveient. Plans an specifications for the
construction of the Improvements he Construction Plans) shall be submitted by City to
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Grantor for approval. All work with respect to the Improvements shall be in substantial
conformity with the Construction Plans approved by Grantor.
3.3. Timing of Construction. City agrees that construction of the Improvements shall
be commenced by September , 2012, and shall be substantially completed by
December , 2012. The time frames for the performance of these obligations shall be
suspended due to unavoidable delays, meaning delays, outside the control of the party
claiming its occurrence in good faith, which are the direct result of strikes, other labor
troubles, unusual shortages of materials or labor, unusually severe or prolonged bad
weather, acts of God, fire or other casualty to the Improvements, litigation commenced
by third parties which, by injunction or other similar judicial action or by the exercise of
reasonable discretion directly results in delays, or acts of any federal, state or local
government which directly result in delays, including without limitation the failure to
issue permits, approvals and /or consents. The time for performance of such obligations
shall be extended only for the period of such delay.
3.4. City's Participation. The cost of construction of the Improvements is estimated to
be $ 248,000 (the Construction Cost). For and in consideration of Grantor's obligations
hereunder, City agrees to contribute to the Construction Cost $ 248,000 upon receipt of
a grant in that amount from the State of Iowa Public Transit Infrastructure Grant.
3.5. Grantor Participation. Grantor agrees to contribute a local match of $95,000 to
the Construction Cost, which local match will be in the form of this Agreement and
improvements to Grantor's parking lot identified on Exhibit C.
3.6. Title to Improvements. At the expiration of the Term of this Agreement, if the
Improvements or any part thereof shall then be on the Easement Areas, all of City's
right, title, and interest therein shall cease and terminate, and title to the Improvements
shall vest in Grantor, and the Improvements or the part thereof then within the
Easement Areas shall be surrendered by City to Grantor. No further deed or other
instrument shall be necessary to confirm the vesting in Grantor of title to the
Improvements. However, upon any termination of this Agreement, City, upon request
of Grantor, shall execute, acknowledge, and deliver to Grantor a deed confirming that
all of City's right, title, and interest in or to the Improvements has expired, and that title
to the Improvements has vested in Grantor.
3.7. Termination by Grantor. This Easement may be terminated by Grantor at any
time after the 8th day of May , 2042.
3.8. Cignag. City may, at City's cost, install signs or markers, approved by Grantor,
on the Easement Areas designating the pro 3erty as a Transfer Center arid parking , res
for transit users.
3.9. Preservation of lrn�provements and Signage. Until the termination of this
Agreement, City shall rriaintain, preserve and keep, or cause others to rnaintain,
preserve and keep, the Improvements and signage in good repair and working order,
2
ordinary wear and tear excepted, and from time to time shall make all necessary
repairs, replacements, renewals and additions.
SECTION 4. ASSIGNMENT AND SUBLETTING. This Agreement shall not be
assigned, transferred, hypothecated or pledged by either party without the prior written
consent of the other party.
SECTION 5. TAXES. Grantor shall remain responsible for the real estate taxes upon
the real estate of the Property that become payable during the Term hereof.
SECTION 6. REPAIRS AND MAINTENANCE.
6.1. Grantor shall at all times during the Term of this Agreement, at Grantor's own
costs and expense, keep the Property, including those in the Easement Areas, and all
sidewalks, curbs, and Grantor's appurtenances in good order, condition, and repair,
casualties and ordinary wear and tear excepted. City shall be responsible for
maintaining the Improvements and signage.
6.2. Grantor shall be responsible for snow and ice removal from the Easement Areas
at its expense.
SECTION 7. COMPLIANCE WITH LAW.
7.1. During the term of this Agreement, City shall comply with all applicable laws
applicable to City's use of the Easement Areas.
7.2. City shall not commit waste on the Easement Areas except as necessary for the
removal or construction of the Improvements.
SECTION 8. ALTERATIONS. City shall have the right, at City's expense, from time
to time during the term of this Agreement to make such alteration, addition, or
modification to the Improvements as shall be agreed upon in writing by Grantor and
City.
SECTION 9. USE OF EASMENT AREAS.
9.1 City covenants and agrees during the term of this Agreement to use and occupy
the Easement Areas for a public Transfer Center and parking area for Transfer Center
patrons.
City the Easement Areas or the Improvements to be ufseci or
�.� �.1[J ��Vr�l not use or allow �° = �:��� �a f � be c:
occupied for any unlawful purpose. City wili not suffer any act to be done or any
condition to exist within the Easement Areas or the improvements, or permit any article
to be brought therein, which may be dangerous, unless safeguarded as required by law,
or which may, in law, constitute a nuisance, public or private, or which may make void
or voidable any insurance in force with respect thereto.
SECTION 10. INSURANCE.
10.1. City Insurance.
(1) City shall provide and maintain or cause to be maintained at all times
during the process of constructing the Improvements and upon request furnish
Grantor with proof of insurance in the form of a certificate of insurance. All risk
builder's risk insurance, written on a Completed Value Form in an amount equal
to one hundred percent (100 %) of the replacement value of the Improvements
when construction is completed
(2) Upon completion of construction of the Improvements and up to the
Termination Date, City shall maintain, or cause to be maintained, at its cost and
expense (and from time to time at the request of Grantor shall furnish proof of
insurance in the form of a certificate of insurance) special perils coverage
property insurance against Toss and /or damage to the Improvements under an
insurance policy written in an amount not Tess than the full insurable replacement
value of Improvements. The term "replacement value" shall mean the actual
replacement cost of the Improvements.
(3) City shall notify Grantor in the case of damage exceeding $50,000.00 in
amount to, or destruction of, the Improvements or any portion thereof resulting
from fire or other casualty. Net proceeds of any such insurance (Net Proceeds),
shall be paid directly to City as its interests may appear, and City shall forthwith
repair, reconstruct and restore the Improvements to substantially the same or an
improved condition or value as they existed prior to the event causing such
damage and, to the extent necessary to accomplish such repair, reconstruction
and restoration, City shall apply the Net Proceeds of any insurance relating to
such damage received by City to the payment or reimbursement of the costs
thereof. City shall complete the repair, reconstruction and restoration of the
Improvements whether or not the Net Proceeds of insurance received by City for
such purposes are sufficient.
(4) During the Term of this Agreement City shall maintain its membership in
the Iowa Communities Assurance Pool or obtain equivalent commercial general
liability insurance.
10.2 Grantor Insurance.
(1) During the Terre of this Agreement Grantor shall maintain general
cornrnerciai liability ins! — l�iti� tine toilowing coverages:
General Aggregate Lir
Each Occurrence
$2,0()0,000
$1,000,000
a) Include ISO endorsement form CG 25 04 "Designated Location(s)
General Aggregate Limit."
b) Include endorsement indicating that coverage is primary and non-
contributory.
c) Include endorsement to preserve Governmental Immunity. (Sample
attached).
SECTION 11. GRANTOR'S WARRANTIES AND REPRESENTATIONS.
11.1. Grantor's Representation Of Good Title. Grantor covenants and warrants that it
is lawfully seized in fee simple of the Property, and that it has full right and authority to
enter into this Agreement for the full term hereof, and covenants and agrees that upon
paying the fee provided for herein, and upon City's performing the covenants and
agreements of this Agreement required to be performed by said City, that it will have,
hold and enjoy quiet use of the Easement Areas, subject only to the rights of Dubuque
Bank & Trust (DB &T) under its mortgage of record.
11.2. Grantor covenants and agrees that City shall have no responsibility for or liability
arising from any Hazardous Substance which was in, on or about the Easement Areas
prior to the commencement date of this Agreement ( "Prior Hazardous Substances ") or
which leach or migrate upon the Easement Areas from any property owned by Grantor
( "Foundation Hazardous Substances ").
11.3. For the purposes of this Agreement, "Hazardous Substance" or "Hazardous
Substances" means any hazardous or toxic substance, material or waste which is or
becomes regulated by any local government, the State of Iowa or the United States
Government. It includes, without limitation, any material or substance that is (i) defined
as a "hazardous substance" or "hazardous waste" under Chapter 455B, Iowa Code, (ii)
petroleum and petroleum products, (iii) asbestos, (iv) designated as a "hazardous
substance" pursuant to Section 311 of the Federal Water Pollution Control Act (33
U.S.C. §1321), (v) defined as a "hazardous waste pursuant to §1004 of the Federal
Resource Conservation and Recovery Act, 42 U.S.C. §6901 et seq., (vi) defined as a
"hazardous substance" pursuant to §101 of the Comprehensive Environmental
Response, Compensation and Liability Act, U.S.C. §9601 et seq., or (vii) defined as a
"regulated substance" pursuant to Subchapter IX, Solid Waste Disposal Act (Regulation
of Underground Storage Tanks), 42 U.S.C. §6991 et seq.
SECTION 12, INDEMNIFICATION
12,1. City agrees to defend, indemnify and hold harrrrless Grantor, its officers, agents
and employees, from any and all damages or claims whatsoever by reason of City's
negligence in the use of the Easement Areas. Grantor agrees to promptly give notice of
any and all damages or clauris against Grantor under this Section 12.1 to permit City
and /or its insurance carrier to investigate and defend the sarne.
12.2. Grantor agrees to defend, indemnify and hold harmless Crty, its officers, agents
and employees, from any and all damages or claims whatsoever by reason of Grantor's
5
negligence with respect to the Easement Areas. City agrees to promptly give notice of
any and all damages or claims against City under this Section 12.2 to permit Grantor
and /or its insurance carrier to investigate and defend the same.
SECTION 13. DEFAULT. If Grantor defaults in the performance of any of the
covenants herein contained, and such default shall continue for a period of thirty (30)
days after written notice thereof, specifying the default complained of, mailed to Grantor
by United States certified mail, then City may, at its election, declare the terms of this
Agreement ended and remove itself from the Easement Areas, with or without process
of law, by reason of such default of Grantor and the continuance thereof for such period
of thirty (30) days after written notice has been given, said term shall be so ended.
Grantor shall be responsible for repayment of any funds that were obtained by City from
the State of Iowa for the construction of the Improvements.
SECTION 14. QUIET ENJOYMENT. Grantor covenants that at all times during the
term of this Agreement, so long as City is not in default hereunder, City's quiet
enjoyment of the Easement Areas or any part thereof shall not be disturbed by any act
of Grantor, or of anyone acting by, through, or under Grantor, subject only to the rights
of Dubuque Bank & Trust (DB &T) under its mortgage of record.
SECTION 15. WAIVER. No waiver by Grantor of any breach by City of any term,
covenant, condition, or agreement herein and no failure by Grantor to exercise any right
or remedy in respect of any breach hereunder, shall constitute a waiver or
relinquishment for the future of any such term, covenant, condition, or agreement or of
any subsequent breach of any such term, covenant, condition, or agreement, nor bar
any right or remedy of Grantor in respect of any such subsequent breach, nor shall the
receipt of any rent, or any portion thereof, by Grantor, operate as a waiver of the rights
of Grantor to enforce the payment of any other rent then or thereafter in default, or to
terminate this Agreement, or to recover the Easement Areas , or to invoke any other
appropriate remedy which Grantor may select as herein or by law provided.
SECTION 16. SURRENDER. City agrees that at the termination of this Agreement it
will surrender, yield up and deliver the Easement Areas, including the Improvements, in
good, clean condition.
SECTION 17. MEMORANDUM OF AGREEMENT. Each of the parties hereto will,
promptly upon request of the other, execute a memorandum of this Agreement in form
suitable for recording setting forth the names of the parties hereto and the Term of this
Agreement, identifying the Easement Areas, and also including such other clauses
therein as either party may desire.
SECTION 1 NOTICES
18.1. All notices, demands, or other writings in this Agreernent provided to be given or
made or sent, or which rnay he given or rnade or sent, by either party to the other, shall
be deemed to have been fully given or rnade or seat when rnade in writing and
6
deposited in the United States mail, registered and postage prepaid, and addressed as
follows:
If to Grantor:
Attn: Jon Romaine, Executive Director
3355 John F. Kennedy Circle
Dubuque, IA 52002
If to City of Dubuque;
City Manager
City Hall
50 W. 13th Street
Dubuque IA 52001
18.2. The address to which any notice, demand, or other writing may be given or made
or sent to any party as above provided may be changed by written notice given by the
party as above provided.
SECTION 19. MISCELLANEOUS
19.1. Time of the Essence. Time is of the essence of this Agreement and all of its
provisions.
19.2. Governing Law. It is agreed that this Agreement shall be governed by,
construed, and enforced in accordance with the laws of the State of Iowa.
19.3. Paragraph Headings. The titles to the paragraphs of this Agreement are solely
for the convenience of the parties and shall not be used to explain, modify, simplify, or
aid in the interpretation of the provisions of this Agreement.
19.4. Modification of Agreement. Any modification of this Agreement or additional
obligation assumed by either party in connection with this Agreement shall be binding
only if evidenced in a writing signed by each party or an authorized representative of
each party.
19.5. Parties Bound. This Agreement shall be binding on and shall inure to the benefit
of and shall apply to the respective successors and assigns of Grantor and City. All
references in this Agreement to "Grantor" or "City" shall be deemed to refer to and
include successors and assigns' of Grantor or City without specific, mention of such
successors or assigns.
19.6. Force Majeure_ In the event that either party hereto shall be delayed or hindered
in or prevented from the performance of any act required hereunder by reason of
strikes, lockouts, labor troubles, unavailability or excessive price of fuel, power failure,
7
riots, insurrection, war, terrorist activities, chemical explosions, hazardous conditions,
fire, weather or acts of God, or by reason of any other cause beyond the exclusive and
reasonable control of the party delayed in performing work or doing acts required under
the terms of this Agreement, then performance of such act shall be excused for the
period of the delay and the period for the performance of any such act shall be
extended for a period equivalent to the period of such delay.
19.7. Non - Discrimination. In carrying out this Agreement, Grantor shall not
discriminate against any employee or applicant for employment because of race,
religion, color, sex, sexual orientation, gender identity, national origin, age or disability.
Attest:
CITY OF DUBU( UE, IOWA
By:
Roy D. B,
Z„J
, Mayor
AREA RESIDENTIAL CARE, INC.
By:
8
D�'rl� -m.�.
maine Executive
on R Director
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AREA KEY:
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A = CANOPY AREA
Ei = DRIVE AREA THROUGH PARKING LOT
AND RESERVED PARING SPACES
C = DRIVE AREA WEST OF THE BUJ DU NO
EXHIBIT B
CONCEPTUAL PLAN OF IMPROVEMENTS
12
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EXHIBIT C
PARKING LOT IMPROVEMENTS
13
IIW P.C.
March 28, 2011
Pamella Lee
Office of Public Transit
Iowa Dept. of Transportation
800 Lincoln Way
Ames, IA 50010
Re: ARC Transfer Facility
IIW Project No.: 09118.02
Dear Ms. Lee:
IIW, P.C. has prepared the following summary of the local matching funds that will be provided for
the transfer facility. These improvements will be funded by ARC,
Item /Improvement
Gate and fence
Removal and replacement of bad pavement along back bus drive
Replacement of missing curb along back drive
Electrical for gate
30 Remotes for gate
2 Interior doors for restroom access
Card access for additional alum door for restroom access
Prepping alum door for card access for restroom access
Benches and outside improvements
18 Parking spaces devoted to Park -n -ride use
Easement for bus access
Easement for canopy
Preliminary design, Professional Fees
Total Local Match:
This amount equates to 24,1% of the projected total project cost.
Sincerely,
IIW, P.C.
Lauren N. Ray, P,E., S.E
EED AP
Value /Cost
$25,650.00
$2,500.00
$10,800.00
$32,175.00
$15,950.00
$7,500.00
$94,575.00
4155 Pennsylvania Avenue, Dubuque, Iowa 52 002.2628 [PI 563.556.2464/800.556.4491 • [F] 563.556.7811
BUILDING DESIGN
CIVIL ENGINEERING
CONSTRUCTION SERVICES
ENVIRONMENTAL ENGINEERING
LAND SURVEYING
MUNICIPAL ENGINEERING
STRUCTURAL ENGINEERING
TRANSPORTATION ENGINEERING
wwwilwengr.com
Dennis F. Waugh, PE/SE*
Charles A. Cate, PE
Gary D. Sejkora, PE
Michael A. Jansen, PE/SE
Ronald A. Balmer, PE/SE/AIA
John M. Tranmer, PLS
Timothy J. Irene!, PE*
John F. Wandsnider, PE
Julie P. Neebel, PE
James P. Kaune, PE
Thomas J. Oster, PLS
Wray A. Childers, PLS
Geoffry T. Blandin, PE
Mark C. Jobgen, PE
Lauren N. Ray, PE/SE*
Bradley J. Mootz, PE/SE
Cody T. Austin, PE*
Marc D. Ruden, PE
Mark R. Fassbinder, AIA*
Michael A. Ruden, NCARB /AIA*
Alice M. Ohrtmann, PE
Craig J. Elskamp, AIA
Robert W. Blok, PE
Eric J. Helminiak, PE/SE*
• LEED AP
00
Masterpiece on the Mississippi
TO: Michael Van Milligen, City Manager
FROM: Barbara Morck, Director of Transit Operations
CC: David Heiar, Economic Development Director
Kelley Deutmeyer, Executive Director of ECIA
Dubuque
AA-AmericaCity
2007
SUBJECT: Lease Agreement between City of Dubuque and Area Residential Care,
Inc. re: ARC Transfer Center
DATE: May 1, 2012
BACKGROUND
In August 2010 staff of ECIA, The Jule and Area Residential Care, Inc. (ARC) began
discussing the possibility of collaborating on a transfer center, to be located at the new
ARC facility located at the old Econo Foods building at the JFK Circle. Involved parties
agreed to pursue the project which, based on cost, has been split into two phases:
Phase I will be a canopy attached to the new ARC facility, and will offer protection from
the weather for passengers waiting to board and de- boarding from fixed route and
paratransit buses. It will also allow the bus drivers access to the building's restroom
facilities. Phase II is envisioned as an enclosed space for a passenger waiting room,
public restroom facilities and (e.g.) vending machines. In October 2011 The Jule was
awarded a Public Transit Infrastructure Grant (PTIG) in the amount of $298,357, to be
used to fund the Phase 1 portion of this project.
DISCUSSION
The awarding of the PTIG grant provides funding for the both Phase I final design (the
canopy, path -of- travel through the parking lot and behind the building for the buses,
etc.) and the Phase 11 preliminary design (an enclosed waiting space with public
restrooms). The Phase I design of the canopy has been reviewed by a design
committee that consists of Jule /ECIA, RTA, City and ARC staff as well as a community
member.
�e PTIG funding comes through the State of iowa Department of
tion (IA DO 1)/ Office of Public .Transit (OPT) and because the State vi I see
the City as the owner of the canopy structure, an agreement that shows the City's
ownership of the structure and guaranteed access to and use of the property which
includes the canopy for the duration of its expected useful life (30 years) must be put in
place. Staff from The Jule /ECIA and ARC have worked closely with the City Attorney's
office in putting together an Easement Agreement that addresses this requirement..
RECOMMENDATION /ACTION STEP
I recommend that the City Council approve and authorize the Mayor to sign the ARC
Easement Agreement between the City of Dubuque and ARC for this Transfer site
Project.
zl.