Signed Contract_Sacred Heart_Holy Spirit Parish Parking License Agreement f
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PARKING LICENSE AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
SACRED HEART'CHURCH — HOLY SPIRIT PARISH
This Parking License A r ement (the Agreement), dated for reference purposes
the day of Gf��� , 2016, is made and entered into by and between the
City of Dubuque, Iowa a municipal corporation (City) and Sacred Heart Church — Holy
Spirit Parish (Sacred Heart), an Iowa corporation with its principal place of business in i
Dubuque, Iowa. j
WHEREAS, Sacred Heart is the owner of a parking lot west of Queen Street (the
Licensed Area) shown on the attached Exhibit A and by reference incorporated herein
as though fully set out herein; and
WHEREAS, City and Sacred Heart are desirous of entering into an agreement
where Sacred Heart grants to City a license for the privilege of using the Licensed Area
for providing public parking under the terms and conditions hereinafter set forth; h
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NOW THEREFORE, in consideration of the mutual covenants and agreements
set forth herein, City and Sacred Heart agree as follows:
SECTION 1. TERM OF AGREEMENT. Subject to Paragraph 11, Sacred Heart
hereby grants to City a nonexclusive license to use the Licensed Area for public parking
from Monday at 6 a.m, to Friday 10 p.m., commencing on the 20th day of January, 2016, i 1
and continuing month-to-month until City provides Sacred Heart with a 10-day written
termination notice.
SECTION 2. PARKING LICENSE USE FEE. The parking license use fee (the Fee)
for the Licensed Area is Five Hundred Dollars ($500.00) per month regardless of the
number of spaces actually used by City. Payments are payable monthly by City to
Sacred Heart in advance commencing on the third Wednesday of the month.
SECTION 3. USE OF PREMISES
3.1 City covenants and agrees to use and occupy the Licensed Area for public E
parking only.
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3.2 City may place signs on or in the Licensed Area only to clarify the use of the
Parking Area and the times available for public use. City may not place or allow any
structure on or in the Licensed Area that is not related to signage. Upon termination of
this Agreement, City agrees to remove signage and repair any holes in the pavement as
a result of the signage.
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SECTION 4. ASSIGNMENT AND SUBLETTING. City may not assign or sublet this
Agreement or the Parking Area nor any portion thereof.
SECTION 5. MAINTENANCE OF PROPERTIES. Sacred Heart shall be responsible
for snow and ice removal in the Licensed Area at its expense. City shall be responsible
for periodically removing any trash from the Parking Area.
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SECTION 6. RESPONSIBILITY FOR ENFORCEMENT. Sacred Heart is not I
responsible in any manner for enforcement of City's privilege to use the Licensed Area.
City must use the Licensed Area in a manner that is compatible with the operation of the
remainder of Sacred Heart's parking lots, and may not cause or allow any conflicts or
interruptions to the operation of Sacred Heart's parking lots.
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SECTION 7. DEFAULT. If City defaults in the payment of the Fee hereunder or any
part thereof, or defaults in the performance of any of the other covenants herein
contained, and such default continues for a period of thirty (30) days after written notice
thereof, specifying the default complained of, mailed to City by United States certified
mail, then Sacred Heart may, at its election, declare the terms of this Agreement ended
and re-enter the Licensed Area, with or without process of law, and expel and remove
City or any person or persons in or upon the Licensed Area,using such force as may be
necessary under the circumstances; and if at any time, by reason of such default of City
and the continuance thereof for such period of thirty (30) days after written notice has
been given, said term will be so ended, City hereby covenants and agrees to surrender
and deliver up the Licensed Area peaceably to the Sacred Heart.
SECTION 8. INDEMNITY. City agrees to defend, indemnify and hold harmless N
Sacred Heart,its officers, agents and employees, from any and all damages or claims
whatsoever by reason of City's use of the Licensed Area and further agrees to
reimburse Sacred Heart for any and all damage to the Licensed Area resulting from the
use of the Licensed Area for activities associated with City's business. Sacred Heart
agrees to promptly give notice of any and all damages or claims and to permit City
and/or its insurance carrier to investigate and defend the same.
SECTION 9. INSURANCE. City must at all times during the Term maintain its
membership in the Iowa Communities Assurance Pool (]CAP) or provide similar general
liability insurance coverage, Sacred Heart will be provided with an additional party ,
endorsement to the ICAP contract.
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SECTION 10. SURRENDER OF PREMISES AT END OF TERM. City agrees that
upon termination of this Agreement it will surrender, yield up and deliver the Licensed
Area in good, clean condition.
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SECTION 11. TERMINATION.
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11.1 Sacred Heart may terminate this Agreement for any reason, with or without
cause, upon ten (10) days written notice mailed to the City by United States certified
mail.
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Steve Sampson Brown
50 West '13th Street
Dubuque, Iowa 52001
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11.2 City may terminate this Agreement for any reason, with or without cause, upon
ten (10) days written notice mailed to the Sacred Heart by United States certified mail.
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(Sacred Heart Representative)
(Address)
(Address)
11.3 Upon termination for any cause whatsoever, Sacred Heart will prorate the Fee for
the current month in which advanced payments have been made and rebate such
prorated Fee for the balance of the current month. u
CITY OF DUBUQUE, IOWA SACRED HEART CHURCH -
HOLY SPIRIT PARISH
BY By G� y
Michael C. Van Milligen, City Manager Sacred Hea apresentative
Attest:
Kevin Firnstahl, C y Cleric Printed Name
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THE CITY OF Dubuque
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Masterpiece on the Mississippi 2007.2012.2013
TO: Michael C. Van Milligen, City Manager
FROM: Steve Sampson Brown, Project Manager'404-4—
DATE: January 22, 2016
RE: Sacred Heart Church — Holy Spirit Parish — Parking License Agreement
INTRODUCTION
This memorandum is to seek approval and execution of the Parking License Agreement
between the City of Dubuque and Sacred Heart Church — Holy Spirit Parish (Sacred Heart).
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DISCUSSION
Engineering Department staff and Sacred Heart have negotiated a Parking License
Agreement that grants the City the use of Sacred Heart's parking lot in order to provide
additional public parking. Sacred Heart owns the parking lot west of Queen Street (the
Licensed Area) shown on the attached Exhibit A. The City will utilize this parking area in
order to offer additional parking to area residents in the Bee Branch Project construction
zone since there is currently a lack of available on-street parking. The City will pay a
Parking License Use Fee of$500 per month. The License is a month-to-month agreement
and it is anticipated that the need for this lot will be approximately 6 months.
City Attorney Barry Lindahl has reviewed and approved the Parking License Agreement.
BUDGETIMPACT
The City will pay Sacred Heart a Parking License Use Fee of$500.00 per month, beginning
in January 2016. The agreement will be paid for from the construction contingency funds of
the Bee Branch Creek Project.
ACTION TO BE TAKEN
The approval and execution of the agreement between the City of Dubuque and Sacred
Heart is requested.
cc: Gus Psihoyos, City Engineer
Deron Muehring, Civil Engineer
Kristin Hill, Bee Branch Project Communication Specialist
Attach.
F:\PROJECTS\Bee Branch#1 -Channel-Streets-Utilities\ROW\Sacred Heart\2016.01.21 Memo to MVM.doc
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