Setting a Public Hearing on Proposed Second Amendment to Lease Agreement with Dubuque County Historical SocietyCity of Dubuque
City Council
Copyrighted
November 18, 2024
ITEMS SET FOR PUBLIC HEARING # 6.
ITEM TITLE: Setting a Public Hearing on Proposed Second Amendment to
Lease Agreement by and Between the City of Dubuque, Iowa
and the Dubuque County Historical Society
SUMMARY: City Manager recommending City Council adopt the attached
resolution setting a public hearing for December 2, 2024, on
a proposed Second Amendment to the Lease Agreement
between the City of Dubuque, Iowa and the Dubuque County
Historical Society.
RESOLUTION Fixing The Date For A Public Hearing Of The
City Council Of The City Of Dubuque, Iowa On The Second
Amendment To The Lease Agreement By And Between The
City Of Dubuque, Iowa, And Dubuque County Historical
Society And Providing For The Publication Of Notice Thereof
SUGGUESTED Receive and File; Adopt Resolution(s), Set Public Hearing for
DISPOSITION: December 2, 2024
ATTACHMENTS:
1. MVM Memo
2. Staff memo
3. Ham House Lease Agreement Second Amendment
4. Resolution
5. Public Notice
Page 1172 of 1454
THE CITY OF
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Setting a Public Hearing on Proposed Second Amendment to Lease
Agreement by and Between the City of Dubuque, Iowa and the Dubuque
County Historical Society
DATE: November 14, 2024
Leisure Services Director Marie Ware is recommending City Council adopt the attached
resolution setting a public hearing for December 2, 2024, on a proposed Second
Amendment to the Lease Agreement between the City of Dubuque, Iowa and the
Dubuque County Historical Society.
The Parks and Recreation Commission reviewed the Second Amendment at their
November 12, 2024, meeting and it was unanimously approved.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Mic ael C. Van Milligen
MCVM:sv
Attachment
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Marie Ware, Leisure Services Director
Steve Fehsal, Parks Division Manager
Jared Charland, Project and Facilities Manager
Kurt Strand, President and CEO, Dubuque County Historical Society
Page 1173 of 1454
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TO: Michael C. Van Milligen, City Manager
FROM: Marie L. Ware, Leisure Services Director
SUBJECT: Setting a Public Hearing on Proposed Second Amendment to Lease
Agreement by and Between the City of Dubuque, Iowa and the Dubuque
County Historical Society
DATE: November 13, 2024
INTRODUCTION
The purpose of this memo is to request the City Council to adopt the attached resolution
setting a public hearing for December 2, 2024 on a proposed Second Amendment to
the Lease Agreement between the City of Dubuque, Iowa and the Dubuque County
Historical Society.
BACKGROUND
The City's current lease with Dubuque County Historical Society is in full effect and has
had one amendment.
A116*0111:%y [•LJ
Dubuque County Historical Society requested an extension to the Term and
clarifications to the Lease Agreement. This Second Amendment allows grant funders to
approve funding based upon the long-term commitment of the City and Dubuque
County Historical Society to continue its current relationship as outlined in the original
Lease Agreement approved in 2006. The relationship has been beneficial to both
parties. The Historical Society specializes in historic structures and the interpretation of
those assets. The City specializes in capital projects related to facilities owned by the
City. Mathias Ham House and its buildings and grounds are owned by the City of
Dubuque.
The current Lease Agreement has a Term ending on May 31, 2031. The Second
Amendment would extend the Term to May 31, 2054. The Second Amendment also
clarifies specifics related to the City as the Lessor and Dubuque County Historical
Society as the Lessee. This will aid in strengthening and clarifying the roles of each into
the future. The topics outlined in the Second Amendment for clarification have come up
Page 1174 of 1454
in more recent discussions during bi-yearly meetings between the two entities. It was
felt best to codify these clarifications of duties and roles of each.
The Second Amendment to the Lease Agreement was developed, reviewed, and
approved by Senior Counsel Barry Lindahl. The proposed Lease Amendment has also
been reviewed, approved, and signed by the Dubuque County Historical Society.
The Parks and Recreation Commission reviewed the Second Amendment and
unanimously approved at their November 12, 2024 meeting.
ACTION REQUESTED
I respectfully request the City Council adopt the attached resolution setting a public
hearing for December 2, 2024 on a proposed Second Amendment to Lease Agreement
between the City of Dubuque, Iowa and the Dubuque County Historical Society.
cc: Steve Fehsal, Parks Division Manager
Jared Charland, Project and Facilities Manager
Kurt Strand, President and CEO
2
Page 1175 of 1454
SECOND AMENDMENT
TO
LEASE AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
DUBUQUE COUNTY HISTORICAL SOCIETY
This Second Amendment to Lease Agreement, dated for reference purposes the
day of , 20_, is made and entered into by the City of Dubuque,
Iowa, a municipal corporation (Lessor) and the Dubuque County Historical Society, an
Iowa nonprofit corporation (Lessee).
WHEREAS, Lessor and Lessee previously entered into a Lease Agreement dated
May 15, 2006 (the Lease Agreement), as amended by the First Amendment, regarding
real property commonly referred to as the "Ham House" located at 2241 Lincoln Avenue,
Dubuque, Iowa; and
WHEREAS, Lessor and Lessee desire to amend the Lease Agreement as set forth
herein.
NOW THEREFORE, in consideration of the mutual terms and covenants
contained herein, Lessor and Lessee agree as follows:
Section 1. Article I. Section 1 is amended to read as follows:
1. In consideration of the rents hereinafter reserved and the terms, covenants,
conditions and agreements set forth in this Lease, Lessor hereby leases to Lessee the
real property commonly referred to as the "Ham House" located at 2241 Lincoln Avenue
Dubuque, Iowa, legally described in Exhibit A, attached hereto, together with any and all
easements and appurtenances thereto and subject to any easements are restrictions of
record (the "Demised Premises"), to have and to hold for a term that commenced on June
1, 2006 until midnight on May 31, 2031, subject to all of the terms, covenants, conditions
and agreements contained herein.
Section 2. Article III. Section 3.2 is amended to read as follows:
3.2. Improvements. On delivery of possession of the Demised Premises to Lessee,
Lessee shall be entitled to construct on the Demised Premises all structures, buildings or
other improvements as agreed upon in writing by the Lessor and Lessee (the
"Improvements"). Lessor covenants and agrees to keep and maintain the exterior of the
Demised Premises including all aspects of outward -facing windows and doors on the
Principal Structure (Ham House), including in scope the storm covers as part of the
complete unit.. Lessee covenants and agrees to keep and maintain the interior of the
Demised Premises in good repair and any improvements to the interior thereof shall be
made at the Lessee's expense. Lessor shall have the right, in its reasonable discretion,
1
Page 1176 of 1454
to approve the design, appearance and quality of any such Improvements, which approval
shall not be unreasonably withheld or delayed. It shall be unreasonable for Lessor to
withhold such consent if such design, appearance and quality are generally compatible
with other such buildings in the area. Lessor agrees to provide all permits, variances and
approvals reasonably required to develop and construct the proposed meeting and
entertainment center on the Demised Premises, as set forth in Article I of the Lease. All
improvements presently on the Demised Premises and all Improvements hereafter
constructed on the Demised Premises are and shall be the property of Lessee during the
continuance of the term of this Lease and no longer. Upon any termination of this Lease,
by reason of any cause whatsoever, if the Improvements or any part thereof shall then be
on the Demised Premises, all of Lessee's right, title, and interest therein shall cease and
terminate, and title to the Improvements shall vest in Lessor, and the Improvements or
the part thereof then within the Demised Premises shall be surrendered by Lessee to
Lessor. No further deed or other instrument shall be necessary to confirm the vesting in
Lessor of title to the Improvements. However, upon any termination of this Lease,
Lessee, upon request of Lessor, shall execute, acknowledge, and deliver to Lessor a
deed confirming that all of Lessee's right, title, and interest in or to the Improvements has
expired, and that title to the Improvements has vested in Lessor.
Section 3. Article VI. Section 6 is amended by adding the following:
6.1. Lessor agrees to provide reoccurring preventative maintenance to care of the roof
and chimneys in the form of yearly inspections and application of protective sealant as
needed or every 5 years.
6.2. Any alteration or additions to external lighting of the Principal Structure and its
grounds shall be maintained by Lessor with recommendations from Lessee to not impede
or diminish its Historic Register status.
6.3. While Lessee may conduct minor improvements to the external maintenance of
the Principle Structure as needed, Lessor agrees to keep the external facade of the
Principal Structure in good repair, including external painting to match historic period of
significance (1839-1905).
6.4. Lessee agrees to provide maintenance and repair to the HVAC system of the
Principal Structure until the system is at end of life per accepted HVAC system life
standards. Lessee and Lessor will be jointly and equally responsible for all costs related
to the replacement of the HVAC system when it is at end of life as the HVAC system
affects both the interior and exterior of the Principal Structure.
Section 4. Article VII is amended from COMPLIANCE WITH LAW to
COMPLIANCE WITH LAW AND TITLE VI/NON-DISCRIMINATION ASSURANCES
Section 5. Article VII is amended by adding the following:
7.3 The lessee for himself/herself, his/her heirs, personal representatives, successors
2
Page 1177 of 1454
in interest, and assigns, as a part of the consideration hereof, does hereby as a covenant
running with the land and agree that (1) no person on the ground of race, color, or national
origin, will be excluded from participation in, denied the benefits of, or be otherwise
subjected to discrimination in the use of said facilities, (2) that in the construction of any
improvements on, over, or under such land, and the furnishing of services thereon, no
person on the ground of race, color, or national origin, will be excluded from participation
in, denied the benefits of, or otherwise be subjected to discrimination, (3) that the lessee
will use the premises in compliance with all other requirements imposed by or pursuant
to the Acts and Regulations, as amended, set forth in this Assurance.
7.4 With respect to the agreement, in the event of breach of any of the above Non-
discrimination covenants, City of Dubuque will have the right to terminate the agreement
and to enter or re-enter and repossess said land and the facilities thereon, and hold the
same as if said agreement had never been made or issued.
7.5 During the performance of this agreement, the lessee, for itself, its assignees, and
successors in interest (hereinafter referred to as the "lessee") agrees to comply with the
following non-discrimination statutes and authorities; including but not limited to:
A. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252),
(prohibits discrimination on the basis of race, color, national origin); and 49 CFR
Part 21;
B. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or
whose property has been acquired because of Federal or Federal -aid programs
and projects);
C. Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits
discrimination on the basis of sex);
D. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as
amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27;
E. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq),
(prohibits discrimination on the basis of age);
F. Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as
amended, (prohibits discrimination based on race, creed, color, national origin, or
sex);
G. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope,
coverage and applicability of Title VI of th
H. e Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of
the Rehabilitation Act of 1973, by expanding the definition of the terms "programs
or activities" to include all of the programs or activities of the Federal -aid recipients,
sub -recipients and contractors, whether such programs or activities are Federally
funded or not);
I. Titles II and III of the Americans with Disabilities Act, which prohibit discrimination
on the basis of disability in the operation of public entities, public and private
3
Page 1178 of 1454
transportation systems, places of public accommodation, and certain testing
entities (42 U.S.C. §§ 12131 - 12189) as implemented by Department of
Transportation regulations at 49 C.F.R. parts 37 and 38;
J. The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. §
47123) (prohibits discrimination on the basis of race, color, national origin, and
sex);
K. Executive Order 12898, Federal Actions to Address Environmental Justice in
Minority Populations and Low -Income Populations, winch ensures non-
discrimination against minority populations by discouraging programs, policies,
and activities with disproportionately high and adverse human health or
environmental effects on minority and low-income populations;
L. Executive Order 13166, Improving Access to Services for Persons with Limited
English Proficiency, and resulting agency guidance, national origin discrimination
includes discrimination because of limited English proficiency (LEP). To ensure
compliance with Title VI, you must take reasonable steps to ensure that LEP
persons have meaningful access to your programs (70 Fed. Reg. at 74087 to
74100);
M. Title IX of the Education Amendments of 1972, as amended, which prohibits you
from discriminating because of sex in education programs or activities (20 U.S.C.
1681 et seq).
Section 6. All other terms and conditions of the Lease Agreement shall remain
in full force and effect.
11x**s]: *1*444
CITY OF DUBUQUE, IOWA DUBUQUE COUNTY HISTORICAL
SOCIETY
By: By:
Brad M. Cavanaugh, Mayor President and CEO
ATTEST:
Adrienne N. Breitfelder, City Clerk
E
Page 1179 of 1454
Prepared by Marie L. Ware Leisure Services Manager, 2200 Bunker Hill Road Dubuque IA 52001 (563) 589-4263
Return to Adrienne N. Breitfelder, City Clerk, 50 W. 13�h St., Dubuque, IA 52001, (563) 589-4100
RESOLUTION NO. 380-24
FIXING THE DATE FOR A PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA ON THE SECOND AMENDMENT TO THE LEASE
AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE, IOWA, AND DUBUQUE
COUNTY HISTORICAL—SCCIETY'-A-ND P-ROONMINIG FOR THE PUBLICATION OF
NOTICE THEREOF
WHEREAS, City is the owner of a public facility known as Mathias Ham House
(the Ham House) which is leased to Dubuque County Historical Society with a legal
description of Lots 530, 1 of 531, 2 of 531 and 532 all in Hams Addition, in the City of
Dubuque -land
WHEREAS, Dubuque County Historic Society desires to extend the current lease
period and continue to operate the Ham House; and
WHEREAS, it is deemed to be in the best interest of both parties to the Lease
Agreement and to the public in general that the Dubuque County Historical Society lease
and operate the Ham House as a historic site.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the City Council of the City of Dubuque, Iowa, proposes to approve
the Second Amendment of the Lease Agreement to Dubuque County Historical Society.
Section 2. That the City Council shall conduct a public hearing on the proposed
Second Amendment to the Lease Agreement in the City Council Chambers at the Historic
Federal Building, 350 W. 6th Street, Dubuque, Iowa on the 2nd day of December 2024,
beginning at 6:30 PM.
Section 3, That the City Clerk be and is hereby authorized and directed to publish
notice of the public hearing in the form attached hereto, according to law.
Passed, approved, and adopted this 18' day of November 2024.
Attest:
Adrienne N. Breitfelder, City Clerk
CITY OF DUBUQUE, IOWA
OFFICIAL NOTICE
PUBLIC NOTICE is hereby given that the City Council of the City of Dubuque, Iowa, will
hold a public hearing on the 2nd day of December, 2024 at 6:30 p.m. in the Historic
Federal Building, 350 West 6th Street, second floor, Dubuque, Iowa, at which meeting
the City Council proposes to approve a Second Amendment to Lease Agreement
between the City of Dubuque, Iowa and the Dubuque County Historical Society for the
Ham House property legal described as follows: Lots 530, 1 of 531, 2 of 531 and 532 all
in Hams Addition, in the City of Dubuque..
At the meeting, the City Council will receive oral and written comments from any resident
or property owner of said City to the above action. Written comments regarding the above
public hearing may be submitted to the City Clerk's Office, City Hall, 50 W. 13th Street, on
or before said time of public hearing.
Copies of supporting documents for the public hearings are on file in the City Clerk's
Office and may be viewed during normal working hours.
Individuals with limited English proficiency, vision, hearing or speech impairments
requiring special assistance should contact the City Clerk's Office at (563) 589-4100,
ctyclerk@cityofdubuque.org as soon as feasible. Deaf or hard -of -hearing individuals can
use Relay Iowa by dialing 711 or (800) 735-2942.
Published by order of the City Council given on the 18th day of November 2024.
Adrienne N. Breitfelder
City Clerk
Page 1181 of 1454