Hope Evangelical Free Church Parking Agreement Copyright 2014
City of Dubuque Consent Items # 19.
ITEM TITLE: Hope Evangelical Free Church Parking Agreement
SUMMARY: City Manager recommending approval of a five-year
Parking Agreement with Hope Evangelical Free Church that
will allow them access to the Locust Street Parking Ramp
on Sundays for a weekly cost.
RESOLUTION Approving a Parking Agreement between
the City of Dubuque, Iowa and the Hope Evangelical Free
Church
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt
Resolution(s)
ATTACHMENTS:
Description Type
Hope Evangelical Free Chuch Parking Agreement-MVM City Manager Memo
Memo
Staff Memo Hope Evangelical Parking Agreement Staff Memo
Resolution Hope Evangelical Free Church Resolutions
Parking Agreement Supporting Documentation
THE CITY OF Dubuque
UBE I
erica .i
Masterpiece on the Mississippi 2007-2012-2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Hope Evangelical Free Church Parking Ramp Agreement
DATE: June 22, 2016
Parking System Supervisor Tim Horsfield recommends City Council approval of a five
year Parking Agreement with Hope Evangelical Free Church that will allow them access
to the Locust Street Parking Ramp on Sundays for a weekly cost of $150.
1 concur with the recommendation and respectfully request Mayor and City Council
approval.
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Tim Horsfield, Parking System Supervisor
Maurice Jones, Economic Development Director
Dubuque Parking Division
830 Bluff Street
THE CITY
F OF Dubuque, IA 52009
R all-America City 563-589.4267
DUL 1 I I I I./ www.cityofdubuque.org/parking
Masterpiece on the Mississippi
2007 - 2072 -2073
June 21 , 2016
To: City Manager Michael C. Van Milligen
From: Parking System Supervisor Tim Horsfield
Subject: Hope Evangelical Free Church Parking Ramp Agreement
Introduction
Some time ago, the City was contacted by The Hope Evangelical Free Church about a
parking agreement for the Locust Street Parking Ramp on Sundays.
Background
As we understood, the Church was opening an area in the Roshek Building to have Sunday
Services on a regular basis and want to assure the congregation that sufficient parking would
be available. During the weekends, of course parking is available in both the Locust and
Iowa Ramp should they need it.
In discussions with you, we reached an agreement that we would allow them access to the
facility for $150.00 for a term of 5 years. The agreement has been reviewed by Assistant City
Attorney Crenna Brumwell and with her approval I am submitting this for your review,
approval and subsequent approval by the City Council. The agreement would normally not
have go to City Council for approval, but the term of the lease, 5 years, requires Council
approval.
I have attached the agreement for you review and ask your approval and submission to the
City Council for their approval.
Cc: Maurice Jones, Economic Development Director
Crenna Brumwell, Assistant City Attorney.
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RESOLUTION NO. 262-16
APPROVING A PARKING AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA
AND THE HOPE EVANGELICAL FREE CHURCH
WHEREAS, The Hope Evangelical Free Church (Hope Church) is developing
permanent space within the Roshek Building in downtown Dubuque; and
WHEREAS, the Hope Church is in need of parking for the full and efficient use of the
newly developed space in the Roshek Building; and
WHEREAS, the City of Dubuque has developed a parking agreement between the two
parties for the use of the Locust Street Parking Ramp and the Iowa Street Ramp if certain
criteria is met for the term of five (5) years on Sundays only at a weekly cost of $150.00.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Agreement between the City and The Hope Evangelical Free
Church (Hope Church) is hereby approved and the City Manager is authorized to execute
said Agreement on behalf of the City of Dubuque.
Passed, approved and adopted this 5th day of July, 2015
Attest:
Kev i S. Firnstahl, ufty Clerk
Roy D, Buol, Mayor
PARKING AGREEMENT
BETWEEN THE CITY OF DUBUQUE
AND
THE HOPE EVANGELICAL FREE CHURCH
WHEREAS, The Hope Evangelical Free Church (Hope Church) is developing
permanent space within the Roshek Building in downtown Dubuque; and
WHEREAS, the Hope Church is in need of parking for the full and efficient use of
its newly developed space in the Roshek Building; and
WHEREAS, City has parking facilities in the area; and
WHEREAS, the parties desire to enter into an agreement under which the City
will make parking available for Hope Church and Hope Church users, and
WHEREAS, the Parties enter into this Agreement to set forth the terms and
conditions pursuant to which City will provide parking to Hope Church for use by its users
to park in specified City parking facilities as more particularly set forth in this Agreement;
and
WHEREAS, City's Parking Manager is charged with administration of this
Agreement.
NOW THEREFORE, the parties hereby agree as follows:
SECTION 1. PARKING FACILITY
Subject To the terms and conditions of this Agreement, Hope Church hereby agrees to
use the Locust Street Ramp with back-up/substitute parking in the Iowa Street Ramp
behind NICC, both owned and operated by the City of Dubuque, and use subject to the
provisions of Section 3 of this Agreement.
SECTION 2. TERM
This Agreement shall commence on the 1st day of June, 2016 and shall expire on the
31st day of May, 2021.
SECTION 3. USE OF PARKING FACILITY
a. Hope Church will have access to the Locust Street Ramp for Weekend Parking for
up to 225 parking spaces for a 24 hour period every weekend of the year between
Sunday at 12am and Monday at 12am (all of Sunday) at the Weekend Fee Rate.
b. Hope Church may have a desire to change the 24 hour period in the future, but
any change will be limited to a 24 hour period on Saturday and/or Sunday. Hope
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Church may adjust the 24 hour period by providing 30 days written notice to the
City, but not more than semi-annually.
c. The City will notify Hope Church in advance of any local events that may tax the
Locust Street Ramp capacity. In the event the Locust Street Ramp capacity is
taxed the Iowa Street Ramp behind NICC will be made available to Hope Church
in the same manner as the Locust Street Ramp for the same 24 hour period so
long as the Iowa Street Ramp is available.
d. Hope Church will have access to the Locust Street Ramp for Weekly/Seasonal
Activities for 150 parking spaces and other, larger activities ranging from 50-225
parking spaces per event at the Weekly/Seasonal Activity Fee Rate.
e. In the event Hope Church's parking needs increase beyond the capacity of the
Locust Street Ramp the parties will negotiate the terms for additional parking to
include location, timing, and rates.
SECTION 4. PARKING RATES
1. Weekend Fee. Hope Church will pay the City $150 per weekend for a period of 5
years. Payment of this fee in advance in quarterly, semi-annual or annual
installments will be allowed.
2. Weekly/Seasonal Activity Fee: The City will provide Hope Church parking
vouchers for weekly/seasonal activity attendees at a rate of $2.00 per hour for the
first hour and $0.50 per hour thereafter to a maximum of $8.00 total parking fee
per parking space per occurrence. The City will invoice Hope Church at the end
of each month for parking voucher usage. This fee may be adjusted through the
annual City Council budget process.
SECTION 5. TERMINATION
Either party may terminate this Agreement at any time by providing ninety (90) days
written notice to the other party.
SECTION 6. PARKING RULES & REGULATIONS
In its use of City parking facilities, Hope Church shall at all times comply, and shall cause
its users to comply, with any rules and regulations established by City ("Rules"). City may
modify or amend such Rules from time to time and neither Hope Church nor its users
shall have any right to approve or consent to any change in the Rules. Hope Church
must ensure its users are informed of Rules and any modifications or amendments
thereto. Hope Church agrees to reimburse City for any expenses incurred as a result of
violations thereof by Hope Church users, including, without limitation, towing expenses
for obstructing vehicles, access to the facilities, or any parking space therein.
Hope Church understands that use of the facilities is done at the risk of Hope Church and
Hope Church users and accepts the facilities in "as -is" condition. Only a license to park
vehicles is hereby granted. No bailment is created and no property interest is conveyed.
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All users shall lock vehicles and retain the keys. City is not responsible for theft, fire,
vandalism, damage, or loss of vehicles or their component parts or personal property
therein, however caused.
SECTION 7. INDEMNITY & HOLD HARMLESS
Fees are for parking spaces only. Hope Church shall defend, indemnify, and hold
harmless City, its officers, employees and agents against any claim, Toss or liability arising
from or as a result of the death of any person or any accident, injury, loss, or damage
caused to any person or to the property of any person which shall occur at City parking
facilities due to the willful or negligent acts or omissions by Hope Church, its officers,
employees, or agents, under this Agreement.
City shall not be liable to Hope Church for any damage to Hope Church or Hope Church's
users by or from any act or negligence of any lessee or other occupant of the facilities.
Neither City nor its agents shall be liable for any damage, including Toss of use and
additional expenses to Hope Church or Hope Church's users for property left in the
facilities, if any, by theft, nor for any injury (including death) or damage to Hope Church's
users and their property resulting from any cause whatsoever.
This indemnity provision shall survive the expiration or sooner termination of this
Agreement.
SECTION 8. WAIVER
City's failure to enforce any breach of any term, covenant, or condition contained herein
shall not be deed to be a waiver of such terms, covenants, or conditions, or any
subsequent breach of same, or any other term, covenant, or condition contained herein.
SECTION 9. ASSIGNMENT OR TRANSFER
This Agreement or the right to use any parking permit and/or parking facilities may not be
assigned or transferred by Hope Church by voluntary act or otherwise without the city's
prior written consent. Any attempted assignment or other transfer of this Agreement in
violation of this section shall be void.
SECTION 10. GOVERNING LAW & VENUE
The law governing this Agreement shall be that of the State of Iowa. In the event suit is
brought by either Party to this Agreement, the Parties agree that venue shall be
exclusively vested in Iowa District Court in and for Dubuque County.
SECTION 11. COMPLIANCE WITH LAW
Hope Church shall comply with all laws, regulations, and ordinances.
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SECTION 12. NOTICES
Any notice which is required to be given hereunder, or which either the City of Hope
Church desire to give the other, shall be in writing and may be personally delivered or
mailed by registered or certified mail, postage prepaid, to the following addresses:
City Hope Church
Attn: Tim Horsfied Attn: Dave Clarke
830 Bluff Street 11893 John F. Kennedy Rd
Dubuque, IA 52001 Dubuque, IA 52001
SECTION 13. NONDISCRIMINATION
Hope Church shall not discriminate, in any way, against any person on the basis of race,
sex, color, age, religion, sexual orientation, actual or perceived gender identity, disability,
ethnicity, or national origin, in connection with or related to the performance of this
Agreement.
SECTION 14. HEADINGS
The heading contained in this Agreement are for convenience only and shall not be
considered in the construction or interpretation of any provisions herein.
SECTION 15. TIME OF THE ESSENCE
Time is of the essence with respect to the performance of each and every provision of
this Agreement.
SECTION 16. FORCE MAJEURE
In the event any of the City facilities covered by this Agreement are damaged from any
cause rendering the facility totally or partially inaccessible or unusable during the term of
this Agreement as determined by City, City may terminate this Agreement by giving Hope
Church seven (7) days written notice.
SECTION 17. SEVERABILITY
If one or more of the provision contained herein is for any reason held to be invalid, illegal,
or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not
affect any other provision of this Agreement.
SECTION 18. ENTIRE AGREEMENT & AMENDMENTS
This Agreement contains all of the agreements of the Parties with respect to any matter
covered or mentioned in this Agreement, and no other agreement or understanding
pertaining to any such matter shall be effective for any purpose. No provision of this
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Agreement may be amended or added, except by an agreement in writing signed by the
Parties.
CITY OF DU -UQUE
Bv:
Its:
Mayor
Date:
July 5, 2016
THE e ' EVANGELICAL FREE CHURCH
Its: fL - (7Vc(
Date: V/ b
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