Approving the Assignment and Assumption of the Lease Agreement by and among the City of Dubuque, Iowa, David S. Hartig Jr., and Rabbit Hollow Nature Conservancy Inc.Copyrighted
October 7, 2024
City of Dubuque CONSENT ITEMS # 12.
City Council
ITEM TITLE: Approving the Assignment and Assumption of the Lease
Agreement by and among the City of Dubuque, Iowa, David
S. Hartig Jr., and Rabbit Hollow Nature Conservancy Inc.
SUMMARY: City Manager recommending City Council adoption of a
resolution approving the Assignment and Assumption of the
Lease Agreement between David Hartig Jr. and Rabbit
Hollow Nature Conservancy Inc. for the real estate shown on
the attached photo.
RESOLUTION Approving the Assignment and Assumption of
the Lease Agreement by and among the City of Dubuque,
Iowa, David S. Hartig Jr., and Rabbit Hollow Nature
Conservancy Inc.
SUGGUESTED Receive and File; Adopt Resolution(s)
DISPOSITION:
ATTACHMENTS:
1. MVM Memo
2. Memo Assignment and Assumption Hartig and Rabbit Hollow
3. Resolution Assignment and Assumption Hartig and Rabbit Hollow
4. Hartig and Rabbit Hollow Assignment and Assumption
5. Letter to City re Assignment and Assumption
Page 299 of 674
Masterpiece on the Mississippi
Dubuque
bikd
AH erla City
111111
2007•2012.2013
2017*2019
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Assignment and Assumption of Lease Agreement - David Hartig Jr. and
Rabbit Hollow Nature Conservancy Inc.
DATE: October 1, 2024
Senior Counsel Barry Lindahl is recommending City Council adoption of a resolution
approving the Assignment and Assumption of the Lease Agreement between David
Hartig Jr. and Rabbit Hollow Nature Conservancy Inc. for the real estate shown on the
attached photo.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM:sv
Attachment
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Barry Lindahl, Senior Counsel
Page 300 of 674
THE CITY OF
Dus
Masterpiece on the Mississi
BARRY A. LINDAHL,
SENIOR COUNSEL
MEMO
To:
Michael C. Van Milligen
City Manager
DATE: October 7, 2024
Dubuque
lirtbil
All-A.erice City
1II I/
I
2007.2012.2013
2017*2019
RE: Assignment and Assumption of Lease Agreement — David Hartig Jr. and
Rabbit Hollow Nature Conservancy Inc.
On February 17, 2024, and subsequently amended and restated on April 4, 2016, the City
of Dubuque entered into a Lease Agreement with David Hartig Jr. for the real estate
shown on the attached photo.
David Hartig Jr. has now entered into an Assignment and Assumption of the Lease
Agreement with Rabbit Hollow Nature Conservancy Inc. subject to City approval and
consent.
Attached is a Resolution approving the Assignment and Assumption of the Lease
Agreement. I recommend that the resolution be submitted to the City Council for
consideration and approval.
BAL:JLM
Attachment
OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563) 583-4113 / FAx (563) 583-1040 / EMAIL balesq@cityofdubuque.org
Page 301 of 674
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Page 302 of 674
Prepared by Barry Lindahl, 300 Main Street Suite 330, Dubuque, IA 52001, (563) 589-4113
RESOLUTION NO. 310 - 24
APPROVING THE ASSIGNMENT AND ASSUMPTION OF THE LEASE AGREEMENT
BY AND AMONG THE CITY OF DUBUQUE, IOWA, DAVID S. HARTIG JR., AND
RABBIT HOLLOW NATURE CONSERVANCY INC.
WHEREAS, the City Council of the City of Dubuque, Iowa entered into a Lease
Agreement, dated February 17, 2024, and subsequently amended and restated on April
4, 2016, with David S. Hartig, Jr. for the lease of real estate legally described as:
Lot 1-1-2-1 Mineral Lot 507,
Lot 1-1-2-1-2-1-4 Mineral Lot 501,
Lot 2-1-2-1-1-2-1-4 Mineral Lot 501,
Lot 1 Old Mill Place,
Lot 2 Papke Place,
Lot 1-1-2-1-1-2-1-4 Mineral Lot 501,
Lot 2-1-1-1-1-2-1-4 Mineral Lot 501, and
Lot 2-1-2-1-2-1-4 Mineral Lot 501
; and
WHEREAS, David S. Hartig Jr. has entered into an Assignment and Assumption
of Lease Agreement with Rabbit Hollow Nature Conservancy Inc.; and
WHEREAS, David S. Hartig Jr. desires to assign all of its rights and obligations
under the Lease Agreement to Rabbit Hollow Nature Conservancy Inc. and Rabbit Hollow
Nature Conservancy Inc. desires to accept such rights and obligations on the terms and
conditions set forth in the Lease Agreement; and
WHEREAS, the Lease Agreement requires the consent of the City to an
assignment; and
WHEREAS, the City Council finds that consent to the Assignment and Assumption
of Lease Agreement is in the best interest of the City of Dubuque.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Assignment and Assumption of the Lease Agreement is hereby
approved.
Section 2. The City Manager is hereby authorized and directed to execute the
Assignment and Assumption of the Lease Agreement on behalf of the City of Dubuque.
Passed, approved and adopted the 7th day of October, 2024.
Brad M. a . , Mayor
Attest:
Adrienne N. Breiffelder, City Clerk
Taxpayer/Return To: Rabbit Hollow Nature Conservancy, Inc. 898 Mount Carmel Road, Dubuque, Iowa 52003
Preparer: Stephan E. Alt, 890 Main Street, Suite 200, Dubuque, Iowa 52001, Phone: 563-556-4011
ASSIGNMENT AND ASSUMPTION OF LEASE AGREEMENT
This Assignment and Assumption of Lease Agreement ("Assignment") is made effective
on OC lobe r' 7 , 2024, by and among DAVID S. HARTIG, JR. ("Assignor"); RABBIT
HOLLOW NATURE CONSERVANCY, INC., an Iowa non-profit corporation ("Assignee"); and THE
CITY OF DUBUQUE, IowA, an Iowa municipal corporation ("Landlord").
Recitals:
WHEREAS, Landlord is the owner of the following real estate situated in Dubuque,
County, Iowa:
Lot 1-1-2-1 Mineral Lot 507,
Lot 1-1-2-1-2-1-4 Mineral Lot 501,
Lot 2-1-2-1-1-2-1-4 Mineral Lot 501,
Lot 1 Old Mill Place,
Lot 2 Papke Place,
Lot 1-1-2-1-1-2-1-4 Mineral Lot 501,
Lot 2-1-1-1-1-2-1-4 Mineral Lot 501, and
Lot 2-1-2-1-2-1-4 Mineral Lot 501.
(Hereinafter the "Real Estate")
WHEREAS, Landlord and Assignor entered into that certain Lease Agreement, dated
February 17, 2004, as subsequently amended and restated on April 4, 2016, for the lease of the
Real Estate (collectively the "Lease"), a true and correct copy of the Lease and all amendments
thereto being attached hereto as Exhibit A;
WHEREAS, Assignor wishes to assign all right title and interest in and to said Lease to
Assignee;
WHEREAS, Pursuant to Paragraph 8 of the Lease, Landlord joins this Assignment for
purposes of consenting to the terms of this Assignment.
1 jPage
Agreement:
In consideration of the Recitals, the covenants set forth herein and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, Assignor, Assignee
and Landlord hereby agree and acknowledge as follows:
1. Capitalized Terms: Capitalized terms not otherwise defined herein shall have the meanings
specified in the Lease.
2. Assignment: Assignor hereby assigns to Assignee all of Assignor's right, title and interest
in and to the Lease.
3. Assumption: Assignee hereby accepts the assignment of Assignor's right, title and interest
in and to the Lease and assumes all of the duties, liabilities and obligations of Assignor thereunder
arising from and after the date hereof (excluding any obligations or liabilities arising out of any
breach of the Lease by Assignor that occurred prior to the date hereof) and to abide by all of the
terms and conditions of the Lease binding upon the tenant thereunder from and after the date
hereof. Upon this assignment and assumption, Assignor shall no longer be liable to Landlord for
and shall be released from the performance and/or observance of all terms, conditions, covenants
and provisions of the Lease to be performed or observed by the Tenant thereunder, except for
breaches of the Lease and obligations arising out of or relating to acts, omissions of Assignor or
acts of others for which Assignor owes a duty of indemnity to Landlord under the Lease, which
occurred during the Term of the Lease through the effective date of this Assignment.
4. Joinder by Landlord: Landlord joins herein to consent to this Assignment. Landlord's
consent to this Assignment is not: (a) an approval of any subsequent assignment or transfer of the
Lease or subletting of all or any portion of the Property by Assignee; or (b) a waiver of any
restrictions on or consent requirements under the Lease as to any future assignments, subleases, or
transfers. Landlord affirms that Tenant is not in default under the terms of the Lease as of the date
hereof.
5. Conflict; Survival: All the terms, covenants, and conditions of the Lease, except as are
herein specifically modified and amended, shall remain in full force and effect and are hereby
adopted and reaffirmed by the parties hereto. This Assignment may be amended, modified, or
canceled only by an instrument in writing signed by all parties hereto.
6. Governing Law: This Assignment shall be govemed by the laws of the State of Iowa
without regard to conflict of laws principals.
7. Successors: Except as herein otherwise provided, this Assignment shall be binding upon
and inure to the benefit of the parties, and their respective heirs, executors, administrators, and
permitted successors and assigns.
8. Counterparts; Delivery: This Assignment may be executed in one or more counterparts,
and by the different parties hereto in separate counterparts, each of which when executed shall be
deemed to be an original but all of which taken together shall constitute one and the same
agreement. Delivery shall be deemed to be made if delivery is made in person, by mail (or private
courier), or facsimile transmission and personally received by the other party.
[Remainder of Page Intentionally Left Blank, Signature Page Follows]
2IPage
IN WITNESS WHEREOF, the parties have caused this Assignment and Assumption
Agreement to be executed of the date first above -mentioned.
Dated: S P
ASSIGNOR:
, 2024. DAVID S. HARTIG, JR.
David S. Hartig, Jr.
STATE OF NORTH CAROLINA )
: ss
COUNTY OF er"0.Cq0
This record was acknowledged before me on
Hartig, Jr.
GRIFFIN R. GODWIN
NOTARY PUBLIC
HENDERSON COUNTY NC
MY COMMISSION EXP : 08/31/2028
Dated: 9 - 3 2024.
STATE OF IOWA
: ss
COUNTY OF DUBUQUE
Signature of Notary Public
, 2024, by David S.
ASSIGNEE:
RABBIT HOLLOW NATURE CONSERVANCY, INC.
B
drew J. Butl- , President
This record was acknowledged before me on ' , 2024, by Andrew J.
Butler as President of Rabbit Hollow Nature Conservancy, IW'Wc.
Traci A. Kelly
Iowa Notarial Seal
Commission # 165318
My Ccmmizeion Expires:
Signature of Notary
31Page
yy���""LANDLORD:
U Dated: (= I ` , 2024. CITY OF DUBUQUE, IOWA
STATE OF IOWA
: ss
COUNTY OF DUBUQUE
G
Michael C. Van Milligen, City Manager
Oc-f
The foregoing instrument was acknowledged before me on Allay S , 2024, by Michael C.
Van Milligen, City Manager, of the City of Dubuque, Iowa.
STEPHANIE A. VALENTINE
Commission Nu tn or 791714
My Comm. En.
e of Notary Public
4'Page
Law Offices of
FUERSTE, CAREW, JUERGENS & SUDMEIER, P.C.
890 MAIN STREET, SUITE 200
DUBUQUE, IOWA 52001-6840
MARK J. WILLGING
JENNY L. WEISS t
EDWARD F. HENRY *
STEPHAN E. ALT I
STEPHEN J. JUERGENS
(OF COUNSEL)
ALL ATTORNEYS LICENSED IN IOWA
* ALSO LICENSED IN WISCONSIN
t ALSO LICENSED IN ILLINOIS
t ALSO LICENSED IN MINNESOTA
Mayor Brad M. Cavanagh
Members of the Dubuque City Council
September 10, 2024
Re: Request for Consent to Assignment of Lease
Dear Mayor and City Council Members:
WILLIAM C. FUERSTE (1923-2011)
ALLAN J. CAREW (1933-2015)
ROBERT L. SUDMEIER (RETIRED)
DOUGLAS M. HENRY (RETIRED)
TELEPHONE:
(563) 556-4011
TELECOPIER:
(563) 556-7134
E-MAIL:
MAIL@FUERSTELAW.COM
WRITER'S DIRECT
E-MAIL ADDRESS
SALT@FUERSTELAW.COM
I represent Rabbit Hollow Nature Conservancy, Inc., an Iowa non-profit corporation based
out of Dubuque. Over the past several years my client has acquired property located along Catfish
Creek in Dubuque, between the Rockdale bridge and Freemont Avenue in order to restore,
preserve, and protect the property. As part of the restoration project Rabbit Hollow Nature
Conservancy, Inc. has worked and continues to work with the Iowa DNR to restore the native flora
to the forest, prairie, meadow, and wetland to this property.
Recently, Rabbit Hollow Nature Conservancy, Inc. was presented with the opportunity to
add additional properties immediately adjacent to the properties already owned by my client in the
Rockdale area under its stewardship. The properties in question are owned by the City of Dubuque
and are currently being rented to David S. Hartig, Jr. on a lease ending on August 6, 2103, at a rate
of $1.00 annually. David S. Hartig, Jr. has agreed to assign his interest in the lease agreement with
the City of Dubuque and Rabbit Hollow Nature Conservancy, Inc. has agreed to assume all
responsibilities under the lease subject to the receipt of consent from the City of Dubuque.
Enclosed is a map showing the location of the property in question as well as an
Assignment and Assumption Agreement signed by Rabbit Hollow Nature Conservancy, Inc. and
David S. Hartig, Jr. Please review this proposal and if acceptable execute the Assignment and
Assumption Agreement indicating the City's consent thereto.
Sincerely,
FUERSTE, CAREW,
JUERGENS & SUDMEIER, P.C.
BY:
SEA/
Enclosures
STEPHAN E. ALT
Page 309 of 674
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Page 310 of 674
Taxpayer/Return To: Rabbit Hollow Nature Conservancy, Inc. 898 Mount Carmel Road, Dubuque, Iowa 52003
Preparer: Stephan E. Alt, 890 Main Street, Suite 200, Dubuque, Iowa 52001, Phone: 563-556-4011
ASSIGNMENT AND ASSUMPTION OF LEASE AGREEMENT
This Assignment and Assumption of Lease Agreement ("Assignment") is made effective
on , 2024, by and among DAVID S. HARTIG, JR., a single person
("Assignor"); RABBIT HOLLOW NATURE CONSERVANCY, INC., an Iowa non-profit corporation
("Assignee"); and THE CITY OF DUBUQUE, IOWA, an Iowa municipal corporation ("Landlord").
Recitals:
WHEREAS, Landlord is the owner of the following real estate situated in Dubuque,
County, Iowa:
Lot 1-1-2-1 Mineral Lot 507,
Lot 1-1-2-1-2-1-4 Mineral Lot 501,
Lot 2-1-2-1-1-2-1-4 Mineral Lot 501,
Lot 1 Old Mill Place,
Lot 2 Papke Place,
Lot 1-1-2-1-1-2-1-4 Mineral Lot 501,
Lot 2-1-1-1-1-2-1-4 Mineral Lot 501, and
Lot 2-1-2-1-2-1-4 Mineral Lot 501.
(Hereinafter the "Real Estate")
WHEREAS, Landlord and Assignor entered into that certain Lease Agreement, dated
February 17, 2004, as subsequently amended and restated on April 4, 2016, for the lease of the
Real Estate (collectively the "Lease"), a true and correct copy of the Lease and all amendments
thereto being attached hereto as Exhibit A;
WHEREAS, Assignor wishes to assign all right title and interest in and to said Lease to
Assignee;
WHEREAS, Pursuant to Paragraph 8 of the Lease, Landlord joins this Assignment for
purposes of consenting to the terms of this Assignment.
Page 311 of 674
Agreement:
In consideration of the Recitals, the covenants set forth herein and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, Assignor, Assignee
and Landlord hereby agree and acknowledge as follows:
1. Capitalized Terms: Capitalized terms not otherwise defined herein shall have the meanings
specified in the Lease.
2. Assignment: Assignor hereby assigns to Assignee all of Assignor's right, title and interest
in and to the Lease.
3. Assumption: Assignee hereby accepts the assignment of Assignor's right, title and interest
in and to the Lease and assumes all of the duties, liabilities and obligations of Assignor thereunder
arising from and after the date hereof (excluding any obligations or liabilities arising out of any
breach of the Lease by Assignor that occurred prior to the date hereof) and to abide by all of the
terms and conditions of the Lease binding upon the tenant thereunder from and after the date
hereof. Upon this assignment and assumption, Assignor shall no longer be liable to Landlord for
and shall be released from the performance and/or observance of all terms, conditions, covenants
and provisions of the Lease to be performed or observed by the Tenant thereunder, except for
breaches of the Lease and obligations arising out of or relating to acts, omissions of Assignor or
acts of others for which Assignor owes a duty of indemnity to Landlord under the Lease, which
occurred during the Term of the Lease through the effective date of this Assignment.
4. Joinder by Landlord: Landlord joins herein to consent to this Assignment. Landlord's
consent to this Assignment is not: (a) an approval of any subsequent assignment or transfer of the
Lease or subletting of all or any portion of the Property by Assignee; or (b) a waiver of any
restrictions on or consent requirements under the Lease as to any future assignments, subleases, or
transfers. Landlord affirms that Tenant is not in default under the terms of the Lease as of the date
hereof.
5. Conflict; Survival: All the terms, covenants, and conditions of the Lease, except as are
herein specifically modified and amended, shall remain in full force and effect and are hereby
adopted and reaffirmed by the parties hereto. This Assignment may be amended, modified, or
canceled only by an instrument in writing signed by all parties hereto.
6. Governing Law: This Assignment shall be governed by the laws of the State of Iowa
without regard to conflict of laws principals.
7. Successors: Except as herein otherwise provided, this Assignment shall be binding upon
and inure to the benefit of the parties, and their respective heirs, executors, administrators, and
permitted successors and assigns.
8. Counterparts; Delivery: This Assignment may be executed in one or more counterparts,
and by the different parties hereto in separate counterparts, each of which when executed shall be
deemed to be an original but all of which taken together shall constitute one and the same
agreement. Delivery shall be deemed to be made if delivery is made in person, by mail (or private
courier), or facsimile transmission and personally received by the other party.
[Remainder of Page Intentionally Left Blank, Signature Page Follows]
2 1 '
Page 312 of 674
IN WITNESS WHEREOF, the parties have caused this Assignment and Assumption
Agreement to be executed of the date first above -mentioned.
Dated:
ASSIGNOR:
, 2024. DAVID S. HARTIG, JR.
David S. Hartig, Jr., a single person
STATE OF IOWA )
: ss
COUNTY OF DUBUQUE )
This record was acknowledged before me on , 2024, by David S.
Hartig, Jr., a single person.
Dated:
STATE OF IOWA
COUNTY OF DUBUQUE
Signature of Notary Public
ASSIGNEE:
, 2024. RABBIT HOLLOW NATURE CONSERVANCY, INC.
: ss
By:
Andrew J. Butler, President
This record was acknowledged before me on , 2024, by Andrew J.
Butler as President of Rabbit Hollow Nature Conservancy, Inc.
Signature of Notary Public
3
Page 313 of 674
LANDLORD:
Dated: , 2024. CITY OF DUBUQUE, IOWA
Michael C. Van Milligen, City Manager
STATE OF IOWA )
: ss
COUNTY OF DUBUQUE )
The foregoing instrument was acknowledged before me on May , 2024, by Michael C.
Van Milligen, City Manager, of the City of Dubuque, Iowa.
Signature of Notary Public
4
Page 314 of 674
EXHIBIT A
Lease Agreement
Page 315 of 674
Preparer
53 V4
?FEB 19 AM10:21
KATHY FLY7 eWl LUY
/�%�
COUNTY RECORDER
DJJJ
DUBUQUE E CO..CO.. IOWA FEES
Information Barry A. Lindahl 300 Main Street Suite 330 Dubuque IA 52001 563 583-4113
Individual's Name
Street Address City Phone
Barry A. Lindahl ISBA # 6899
SPACE ABOVE THIS LINE FOR RECORDER
LEASE AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
DAVID S. HARTIG, JR.
THIS AGREEMENT, made and entered into this s7'day of wa2 , 2004,
by and between the City of Dubuque (City), whose address, for the purpo S' of this
Lease, is 50 W. 13th Street, Dubuque, IA, 52001 and David S. Hartig, Jr. (Hartig), whose
address for the purpose of this Lease is 1495 Southern Avenue, Dubuque, IA, 52003.
The parties agree as follows:
1. PREMISES AND TERM. City leases to Hartig the following real estate,
situated in Dubuque County, Iowa:
Lot 1-1-2-1 Mineral Lot 507
Lot 1-1-2-1-2-1-4 Mineral Lot 501
Lot 2-1-2-1-1-2-1-4 Mineral Lot 501
Lot 1 Old Mill Place
Lot 2 Papke Place
Lot 1-1-2-1-1-2-1-4 Mineral Lot 501
Lot 2-1-1-1-1-2-1-4 Mineral Lot 501
Lot 2-1-2-1-2-1-4 Mineral Lot 501
together with all improvements thereon, and all rights, easements and appurtenances
thereto belonging, for a term beginning on the 7th day of August, 2004, and ending on
the 6th day of August, 2103, upon the condition that Hartig performs as provided in this
Lease.
2. RENT. Hartig agrees to pay City as rent $ 1.00 for the term of the Lease. The
parties acknowledge that Hartig has previously paid to City the sum of $16,800.00 for
City's use in the purchase of the premises. For purposes of this Lease Agreement, such
amount shall also be considered rent.
Page 316 of 674
3. POSSESSION. Hartig shall be entitled to possession on the first day of the
Lease term, or such earlier date as the parties may agree, and shall yield possession to
City at the termination of this Lease. SHOULD CITY BE UNABLE TO GIVE
POSSESSION ON SAID DATE, HARTIG'S ONLY DAMAGES SHALL BE A PRO RATA
ABATEMENT OF RENT.
4. USE. Hartig shall use and maintain the premises only for green space and a
nature preserve. No parking of vehicles or storage of vehicles or other materials of any
kind shall per permitted on the premises.
5. CARE AND MAINTENANCE.
(a) Hartig takes the premises as is.
(b) Hartig shall maintain the premises in a reasonable safe, clean and
presentable condition, including the mowing of grass. Hartig shall not erect any
structure of any kind on the premises without the prior written consent of City. City
agrees to remove all snow and ice from the sidewalk on or abutting the premises.
(c) Hartig shall upon possession of the premises seed or sod the premises at his
expense. Hartig may also at his expense plant such trees of such kind and at such
locations as he deems appropriate on the premises.
6. UTILITIES AND SERVICES. Hartig shall pay for all utilities and services
which may be used on the premises.
7. SURRENDER. Upon the termination of this Lease, Hartig will surrender the
premises to City in good and clean condition. Continued possession, beyond the term of
this Lease and the acceptance of rent by City shall constitute a month -to -month
extension of this Lease.
8. ASSIGNMENT AND SUBLETTING. Hartig shall not assign, sublet or
otherwise transfer the premises or any part thereof, and any attempted assignment,
subletting or transfer shall work an automatic forfeiture and termination of this Lease.
9. INSURANCE. Hartig shall obtain general liability insurance as set forth in the
City's Insurance Schedule for Lessee's of City Property as such schedule may from
time to time be amended. A copy of the current schedule is attached here to.
11. INDEMNITY Hartig will protect, defend, and indemnify City from and against
any and all loss, costs, damage and expenses occasioned by, or arising out of, any
accident or other occurrence causing or inflicting injury or damage to any person or
property, happening or done in, upon or about the premises, or due directly or indirectly
to the tenancy, use or occupancy thereof, or any part thereof by Hartig or any person
claiming through or under Hartig.
Page 317 of 674
12. MECHANICS' LIENS. Neither Hartig, nor anyone claiming by, through, or
under Hartig, shall have the right to file any mechanic's lien against the premises.
13. DEFAULT, NOTICE OF DEFAULT AND REMEDIES.
A. The following shall constitute an event of default by Hartig: Failure to observe
or perform any duties, obligations, agreements, or conditions imposed on Hartig
pursuant to the terms of the Lease.
B. City shall give Hartig a written notice specifying the default and giving Hartig
ten (10) days in which to correct the default. If there is a default that cannot be
remedied in ten (10) days by diligent efforts of Hartig, Hartig shall propose an additional
period of time in which to remedy the default. Consent to additional time shall not be
unreasonably withheld by City. City shall not be required to give Hartig any more than
three notices for the same default within any 365 day period.
C. In the event Hartig has not remedied a default in a timely manner following a
Notice of Default, City may declare this Lease to be terminated and shall give Hartig a
written notice of such termination. In the event of termination of this Lease, City shall be
entitled to prove claim for and obtain judgment against Hartig for the reasonable
expenses of the City in regaining possession of the premises, including attorney's fees
and court costs.
D. In the event of termination of this Lease, Hartig shall be entitled to a pro rata
abatement of rent.
14. NOTICES AND DEMANDS. All notices shall be given to the parties hereto
at the addresses designated unless either party notifies the other, in writing, of a
different address. Without prejudice to any other method of notifying a party in writing or
making a demand or other communication, such notice shall be considered given under
the terms of this Lease when it is deposited in the U.S. Mail, registered or certified,
properly addressed, return receipt requested, and postage prepaid.
15. PROVISIONS BINDING. Each and every covenant and agreement herein
contained shall extend to and be binding upon the respective successors, heirs,
administrators, executors and assigns of the parties hereto.
CITY OF DUBUQUE, IOWA
BY
Terrance M. Duggan, M
Page 318 of 674
Attest: Loh/LA
&„25
Jeanne F. Schneider, City Clerk
David S. Hartig, Jr:
STATE OF IOWA
ss:
DUBUQUE COUNTY
On this / 7 day of F6.6e,)2004, before me, a Notary Public in
and for the State of Iowa, in and for said county, personally appeared David S. Hartig,
Jr., to me personally known, who acknowledged the execution of this instrument to be
his voluntary act and deed.
Notary Public, State of Iowa
STATE OF IOWA
: ss:
DUBUQUE COUNTY
WILLIAM G. BLUM
COMMISSION # 190485
MY COhMrMn�SSION EXP``RES
06/o3/a-6
On this day of 004, , before me, a Notary Public in and for
the State of Iowa, in and for said county ' ersonally appeared Terrance M. Duggan and
Karen M. Chesterman to me personall nown, who being by me duly sworn did say
that they are the Mayor and Deputy City Clerk, respectively of the City of Dubuque, a
Municipal Corporation, created and existing under the laws of the State of Iowa, and
that the seal affixed to said instrument is the seal of said Municipal Corporation and that
said instrument was signed and sealed on behalf of said Municipal corporation by
authority and resolution of its City Council and said Mayor and City Clerk acknowledged
said instrument to be the free act a d deed of said Municipal Corporation by it
volunt.. ily execu, ed-:--N,
o ary Public, tate of Iowa
Page 319 of 674
INSURANCE SCHEDULE A
INSURANCE REQUIREMENTS FOR TENANTS AND LESSEES OF CITY PROPERTY
OR VENDORS (SUPPLIERS, SERVICE PROVIDERS) TO THE CITY OF DUBUQUE
1. All policies of insurance required hereunder shall be with an insurer authorized to do business in
Iowa. All insurers shall have a rating of A of better in the current A.M. Best Rating Guide.
2. All policies of insurance shall be endorsed to provide a thirty (30) day advance notice of
cancellation to the City of Dubuque if cancellation is prior to the expiration date. This
endorsement supersedes the standard cancellation statement on the Certificate of Insurance.
3. Hartig shall furnish a Certificate of Insurance to the City of Dubuque, Iowa for the coverage
required in Paragraph 6 below. Such certificates shall include copies of the following policy
endorsements:
a) Thirty day notice of cancellation to the City of Dubuque.
b) Commercial General Liability policy is primary and non-contributing.
c) Commercial General Liability additional insured endorsement.
d) Governmental Immunity Endorsements.
e) Waiver of recovery under workers compensation.
4. Each certificate shall be submitted to the contracting department of the City of Dubuque.
5. Failure to provide minimum coverage shall not be deemed a waiver of these requirements by the
City of Dubuque. Failure to obtain or maintain the required insurance shall be considered a
material breach of this agreement.
6. Hartig shall be required to carry the following minimum coverage/limits or greater if required by
law or other legal agreement:
a) COMMERCIAL GENERAL LIABILITY
General Aggregate Limit $2,000,000
Products -Completed Operations Aggregate Limit $1,000,000
Personal and Advertising Injury Limit $1,000,000
Each Occurrence Limit $1,000,000
Fire Damage Limit (any one occurrence) $ 50,000
Medical Payments $ 5,000
This coverage shall be written on an occurrence, not claims made, form per location. All
deviations or exclusions from the standard ISO commercial general liability form CG 0001
or Business owners form BP 0002 shall be clearly identified.
Governmental Immunity Endorsement identical or equivalent to form attached.
An additional insured endorsement identical or equivalent to ISO Form CG 2026 or CG
2011 and include as additional insureds: "The City of Dubuque, including all its elected
and appointed officials, all its employees and volunteers, all its boards, commissions
and/or authorities and their board members, employees, and volunteers."
Page 320 of 674
POLICY NUMBER COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - DESIGNATED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
Name of Person Or Organization:
The City of Dubuque, including all its elected and appointed officials, all its employees and volunteers, all
its boards, commissions and/or authorities and their board members, employees, and volunteers.
(If no entry appears above, information required to complete this endorsement will be shown in the
Declarations as applicable to this endorsement.)
WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown
in the Schedule as an insured but only with respect to liability arising out of your operations or premises
owned by or rented to you.
Copyright. Insurance Services Office. Inc. 1994 CG 20 26 11 85
Page 321 of 674
CITY OF DUBUQUE, IOWA
GOVERNMENTAL IMMUNITIES ENDORSEMENT
1. Nonwaiver of Governmental Immunity. The insurance carrier expressly agrees and states that the
purchase of this policy and the including of the City of Dubuque, Iowa as an Additional Insured does
not waive any of the defenses of governmental immunity available to the City of Dubuque, Iowa under
Code of Iowa Section 670.4 as it is now exists and as it may be amended from time to time.
2. Claims Coverage. The insurance carrier further agrees that this policy of insurance shall cover only
those claims not subject to the defense of governmental immunity under the Code of Iowa Section
670.4 as it now exists and as it may be amended from time to time. Those claims not subject to Code
of Iowa Section 670.4 shall be covered by the terms and conditions of this insurance policy.
3. Assertion of Government Immunity. The City of Dubuque, Iowa shall be responsible for asserting any
defense of governmental immunity, and may do so at any time and shall do so upon the timely written
request of the insurance carrier.
4. Non -Denial of Coverage. The insurance carrier shall not deny coverage under this policy and the
insurance carrier shall not deny any of the rights and benefits accruing to the City of Dubuque, Iowa
under this policy for reasons of governmental immunity unless and until a court of competent
jurisdiction has ruled in favor of the defense(s) of governmental immunity asserted by the City of
Dubuque, Iowa.
No Other Change in Policy. The above preservation of governmental immunities shall not otherwise
change or alter the coverage available under the policy.
Page 322 of 674
Prepared by: Barry A. Lindahl 300 Main Street Suite 330 Dubuque IA 52001 563 583-4113
RESOLUTION NO. 77 -04
DISPOSING OF AN INTEREST IN REAL PROPERTY
BY LEASE WITH DAVID S. HARTIG, JR.
WHEREAS, the City of Dubuque, Iowa (City) is the owner of the following
properties:
Lot 1-1-2-1 Mineral Lot 507
Lot 1-1-2-1-2-1-4 Mineral Lot 501
Lot 2-1-2-1-1-2-1-4 Mineral Lot 501
Lot 2 Papke Place
Lot 1-1-2-1-1-2-1-4 Mineral Lot 501
Lot 2-1-1-1-1-2-1-4 Mineral Lot 501
Lot 2-1-2-1-2-1-4 Mineral Lot 501;
and City intends to purchase Lot 1 Old Mill Place, all of which properties are
referred to herein as the City Property; and
WHEREAS, David S. Hartig, Jr. (Hartig) proposes to lease the City Property
on the terms set forth in the form of the attached Lease Agreement; and
WHEREAS, on February 16, 2004, the City Council pursuant to notice
published as required by law held a public hearing on its intent to dispose of the
City Property pursuant to the Lease Agreement and overruled all objections thereto;
AND WHEREAS, the City Council finds that it is in the best interest of the City
to approve the Lease Agreement for the City Property.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. The Lease Agreement in the form attached hereto is hereby
approved.
Section 2. The Mayor is hereby authorized and directed to execute the Lease
Agreement.
Section 2. The City Clerk is hereby authorized and directed to cause this
Page 323 of 674
Resolution to be recorded with the Dubuque County Recorder.
Passed, approved and adopted this 16th day of February, 2004.
jttest: Jeanne Schneider, City Clerk
Terrance M. Dugg _ ;/ ayor
Page 324 of 674
CERTIFICATE OF CITY CLERK
STATE OF IOWA )
COUNTY OF DUBUQUE )
I, Jeanne F. Schneider, do hereby certify that I am the duly appointed, qualified, and
acting Clerk of the City of Dubuque, Iowa in the County aforesaid, and as such Clerk I
have in my possession or have access to the records of the proceedings of the City
Council. I do further state that the hereto attached Resolution No. 77-04 is a correct
copy of the original Resolution No. 77-04 approved and adopted by the City Council of
the City of Dubuque, Iowa, at a session held by said Council on the 16th day of
February, 2004.
In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque,
Iowa.
Dated at Dubuque, Iowa on this 18th day of February, 2004.
Jeanne F. Schneider, CMC
City Clerk
Page 325 of 674
IIIIItllIIIIIlIOIIIOhIIttIIIIllIIIIIIIIIIIIIIIIIIIIIIIIIIIIiOiiiiOiiOiIII iiIIIIi
Doc
ID: 008412270007 Type GEN
Kind: LEASE
Recorded: 04/06/2016 at 03:49:33 PM
Fee Amt: $37.00 Page 1 of 7
Dubuque County Iowa
John Murphy Recorder
Fi1e2016-00003676
Prepared by and return to: Robert L. Sudmeier, 151 West 8th St., Ste. 200, Dubuque, IA, 52001
Telephone: (563) 556-4011
AMENDED AND RESTATED LEASE AGREEMENT BETWEEN
THE CITY OF DUBUQUE, IOWA AND DAVID S. HARTIG, JR.
9AMMENDED AND RESTATED LEASE AGREEMENT made and entered into this day of
/'� , 2016 by and between the City of Dubuque (City), whose address for the purposes of
thi Lease is 50 W. 13th St., Dubuque, Iowa 52001 and David S. Hartig, Jr. (Hartig), whose address for
the purpose of this Lease is 1495 Southern Ave., Dubuque, Iowa 52003.
1. PREMISES AND TERM. City leases to Hartig the following real estate, situated in
Dubuque County, Iowa:
Lot 1-1-2-1 Mineral Lot 507
Lot 1-1-2-1-2-1-4 Mineral Lot 501
Lot 2-1-2-1-1-2-1-4 Mineral Lot 501
Lot 1 Old Mill Place
Lot 2 Papke Place
Lot 1-1-2-1-1-2-1-4 Mineral Lot 501
Lot 2-1-1-1-1-2-1-4 Mineral Lot 501
Lot 2-1-2-1-2-1-4 Mineral Lot 501
together with all improvements thereon, and all rights, easements and appurtenances thereto belonging,
for a term beginning on the 7`h day of August, 2004, and ending on the 6m day of August, 2103, upon the
condition that Hartig or successors perform as provided in this Lease. Upon the death of David S.
Hartig, Jr., all rights and obligations under the Lease shall continue for the benefit of his heirs, devisees
or their member trust beneficiaries with the interest subject to being further devised or transferred to
successors in interest for the balance of the term.
2. RENT. Hartig agrees to pay City as rent $1.00 for the term of the Lease. The
parties acknowledge that Hartig has previously paid to City the sum of $16,800.00 for City's use in the
purchase of the premises. For purposes of this Lease Agreement, such amount shall also be considered
rent.
3. POSSESSION. Hartig shall be entitled to possession on the first day of the Lease term,
1
C�F;r� Pse 3P6f 674
or such earlier date as the parties may agree, and he or successors shall yield possession to City at the
termination of this Lease. SHOULD CITY BE UNABLE TO GIVE POSSESSION ON SAID DATE,
HARTIG'S ONLY DAMAGES SHALL BE A PRO RATA ABATEMENT OF RENT.
4. USE. Hartig shall use and maintain the premises only for green space and a nature
preserve. No parking of vehicles or storage of vehicles or other materials of any kind shall be permitted
on the premises.
5. CARE AND MAINTENANCE.
A. Hartig takes the premises as is.
B. Hartig and successors shall maintain the premises in a reasonable safe, clean and
presentable condition, including the mowing of grass. Hartig and successors shall not
erect any structure of any kind on the premises without the prior written consent of City.
City agrees to remove all snow and ice from the sidewalk on or abutting the premises.
C. Hartig shall upon possession of the premises seed or sod the premises at his expense.
Hartig and successors may also at his expense plant such trees of such kind and at such
locations as he deems appropriate on the premises.
6. UTILITIES AND SERVICES. Hartig and successors shall pay for all utilities and
services which may be used on the premises.
7. SURRENDER. Upon the termination of this Lease, Hartig or successors will surrender
the premises to City in good and clean condition. Continued possession, beyond the term of this Lease
and the acceptance of rent by City shall constitute a month -to -month extension of this Lease.
8. ASSIGNMENT AND SUBLETTING. Except as otherwise provided in numbered
paragraph 1 for the balance of any term remaining after Hartig's demise and/or any transfer by Hartig
of his leasehold interest to a revocable or irrevocable trust established by him, the Lease shall not be
assigned, sublet or transferred and any attempt at assignment, subletting or transfer, other than as
addressed in this paragraph and paragraph 1 shall require the City's consent, which consent shall not
be unreasonably withheld.
9. INSURANCE. Hartig shall obtain general liability insurance as set forth in the City's
Insurance Schedule for Lessee's of City Property as such schedule may from time to time be amended.
A copy of the current schedule is attached hereto.
10. INDEMNITY. Hartig will protect, defend, and indemnify City from and against any and
all loss, costs, damage and expenses occasioned by, or arising out of, any accident or other occurrence
causing or inflicting injury or damage to any person or property, happening or done in, upon or about the
premises, or due directly or indirectly to the tenancy, use or occupancy thereof, or any part thereof by
Hartig or any person claiming through or under Hartig.
11. MECHANICS' LIENS. Neither Hartig, nor anyone claiming by, through, or under
Hartig, shall have the right to file any mechanic's lien against the premises.
2
Page 327 of 674
12. DEFAULT, NOTICE OF DEFAULT AND REMEDIES.
A. The following shall constitute an event of default by Hartig: Failure to observe or
perform any duties, obligations, agreements, or conditions imposed on Hartig or successors pursuant to
the terms of the Lease.
B. City shall give Hartig or successors a written notice specifying the default and giving ten
(10) days in which to correct the default. If there is a default that cannot be remedied in ten (10) days by
diligent efforts of the party or parties in possession shall propose an additional period of time in which
to remedy the default. Consent to additional time shall not be unreasonably withheld by City. City shall
not be required to give Hartig or successors any more than three notices for the same default within any
365 day period.
C. In the event Hartig or successors have not remedied a default in a timely manner
following a Notice of Default, City may declare this Lease to be terminated and shall give Hartig or
successors a written notice of such termination. In the event of termination of this Lease, City shall be
entitled to prove claim for and obtain judgment against Hartig or successors for the reasonable expenses
of the City in regaining possession of the premises, including attorney's fees and court costs.
D. In the event of termination of this Lease, Hartig and successors shall be entitled to a pro
rata abatement of rent.
13. NOTICES AND DEMANDS. All notices shall be given to the parties hereto at the
addresses designated unless either party notifies the other, in writing, of a different address. Without
prejudice to any other method of notifying a party in writing or making a demand or other
communication, such notice shall be considered given under the terms of this Lease when it is deposited
in the U.S. Mail, registered or certified, properly addressed, return receipt requested, and postage
prepaid.
14. PROVISIONS BINDING. Each and every covenant and agreement herein contained
shall extend to and be binding upon the respective successors, heirs, administrators, executors and
assigns of the parties hereto.
CITY OF DU : UQUE, IOWA
By:
Roy D. B , Mayor
Attest:
Kevin
Firnst.a-k[ City Clerk
David S. Hartig, Jr.
3
Page 328 of 674
STATE OF IOWA )
) ss:
DUBUQUE COUNTY )
On this /4'th day of � , 2016, before me, a Notary Public in and for the State
of Iowa, in and for said county, personally appeared David S. Hartig, Jr., to me personally known, who
acknowledged the execution of this instrument to be his voluntary act and deed.
7(h€i eft i('cwa./)
Notary Public, State of Iowa
STATE OF IOWA )
) ss:
DUBUQUE COUNTY )
low
NOREEN M. LARSON
COMMISSION NO. 137222
my OMISSION SION EXPIRES
On this 4 t h day of April , 2016, before me, a Notary Public in and for the State
of Iowa, in and for said county, personally appeared Roy D. Buol and K e v i n S. F i r n s t a h l to
me personally known, who being by me duly sworn did say that they are the Mayor and Deputy City
Clerk, respectively of the City of Dubuque, a Municipal Corporation, created and existing under the
laws of the State of Iowa, and that the seal affixed to said instrument is the seal of said Municipal
Corporation and that said instrument was signed and sealed on behalf of said Municipal corporation by
authority and resolution of its City Council and said Mayor and City Clerk acknowledged said
instrument to be the free act and deed of said Municipal Corporation by it voluntarily executed.
Notary Public, State of Iowa
TKib-i-r L.-GCEASON
Commission Number 719986
My Commission Expires
4
Page 329 of 674
Prepared by Barry A. Lindahl, 300 Main Street, Ste. 330, Dubuque, IA 52001, 563-583-4113
Return to Kevin S. Firnstahl, 50 W. 13th St, Dubuque, IA 52001, 563-589-4121
RESOLUTION NO. 116-16
DISPOSING OF AN INTEREST IN REAL PROPERTY BY LEASE WITH DAVID S.
HARTIG, JR.
WHEREAS, the City of Dubuque, Iowa is the owner of the following properties:
Lot 1-1-2-1 Mineral Lot 507
Lot 1-1-2-1-2-1-4 Mineral Lot 501
Lot 2-1-2-1-1-2-1-4 Mineral Lot 501
Lot 1 Old Mill Place
Lot 2 Papke Place
Lot 1-1-2-1-1-2-1-4 Mineral Lot 501
Lot 2-1-1-1-1-2-1-4 Mineral Lot 501
Lot 2-1-2-1-2-1-4 Mineral Lot 501;
and City leased all of the aforesaid real property to David S. Hartig, Jr. pursuant to
Lease Agreement recorded on February 19, 2004 as Instrument 2539-04, records of
Dubuque County, which Lease Agreement as so recorded was approved by City of
Dubuque Resolution No. 77-04 on February 16, 2004; and
WHEREAS, David S. Hartig, Jr. (Hartig) proposes to amend the Lease of such
City property on the terms set forth in the form of the Amended and Restated Lease
Agreement attached, with all revisions or substitutions appearing in italics; and
WHEREAS, on April 4, 2016, the City Council pursuant to Notice published as
required by law held a public hearing on the matter of amending the aforesaid Lease
and overruled all objections thereto; and
WHEREAS, the City Council finds that it is in the best interest of the City to
approve the Amended and Restated Lease Agreement for the City property.
Page 330 of 674
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. The Amended Lease Agreement in the form attached hereto is hereby
approved.
Section 2. The Mayor is hereby authorized and directed to execute the Lease
Agreement.
Section 3. The City Clerk is hereby authorized and directed to cause this
Resolution to be recorded with the Dubuque County Recorder.
Passed, approved and adopted this 4th day of April, 2016.
(PL./
Roy D. Buoayor
Attest:
Kevin S. Firnstahl, City irk
Page 331 of 674
CERTIFICATE of the CITY CLERK
STATE OF IOWA )
SS:
COUNTY OF DUBUQUE )
I, Kevin S. Firnstahl, do hereby certify that I am the duly appointed, qualified, City Clerk
of the City of Dubuque, Iowa, in the County aforesaid, and as such City Clerk, I have in
my possession or have access to the records of the proceedings of the City Council. I
do further state that the hereto attached Resolution No. 116-16 is a true and correct
copy of the original.
In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque,
Iowa.
Dated at Dubuque, Iowa, on this 5th day of April, 2016.
Kevi Firnstah , C , City Clerk
Page 332 of 674