Approval of Second Amendment to the Lease Agreement with Dubuque County Historical Society Copyrighted
December 2, 2024
City of Dubuque PUBLIC HEARINGS # 6.
City Council
ITEM TITLE: Public Hearing and Approval of Second Amendment to the
Lease Agreement by and Between the City of Dubuque, lowa
and the Dubuque County Historical Society
SUMMARY: Proof of publication on notice of public hearing to consider
City Council adopt the attached resolution approving the
Second Amendment to the Lease Agreement between the
City of Dubuque, lowa and the Dubuque County Historical
Society, and City Manager recommending approval.
RESOLUTION Approving A Second Amendment To The
Lease Agreement By And Between The City Of Dubuque,
lowa, And Dubuque County Historical Society
SUGGUESTED Receive and File; Adopt Resolution(s)
DISPOSITION:
ATTACHMENTS:
1. MVM Memo
2. Staff Memo
3. Second Amendment to Lease Agreement
4. Resolution
Page 614 of 645
Dubuque
THE CITY OF �
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Public Hearing and Approval of Second Amendment to the Lease
Agreement by and Between the City of Dubuque, lowa and the Dubuque
County Historical Society
DATE: November 25, 2024
Leisure Services Directors Marie Ware is recommending City Council adopt the attached
resolution approving the Second Amendment to the Lease Agreement between the City of
Dubuque, lowa and the Dubuque County Historical Society.
The Parks and Recreation Commission reviewed the Second Amendment and
unanimously approved at their November 12, 2024, meeting.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
v
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 615 of 645
Dubuque
THE CITY OF �
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DuB E ,r���.n� �,�:.,:
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Maste iece on the Mississi i zoo�.zolz`2013
rP pP 2017*2019
TO: Michael C. Van Milligen, City Manager
FROM: Marie L. Ware, Leisure Services Director
SUBJECT: Public Hearing and Approval of Second Amendment to the Lease
Agreement by and Between the City of Dubuque, lowa and the Dubuque
County Historical Society
DATE: November 21, 2024
INTRODUCTION
The purpose of this memo is to request the City Council to adopt the attached resolution
approving a Second Amendment to the Lease Agreement between the City of Dubuque,
lowa 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.
DISCUSSION
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
1
Page 616 of 645
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 Second 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 approving the
Second Amendment to the Lease Agreement between the City of Dubuque, lowa 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 617 of 645
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 j1eGEm620, 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,
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 Principal Structure as needed, Lessor agrees to keep the external fa�ade 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 619 of 645
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 620 of 645
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.
LESSOR:
CITY OF DUBUQUE, IOWA
ATTEST:
By: C,XA e, 4.� ,,A
Adrienne N. Breitfelder, City Clerk
LESSEE:
DUBUQUE COUNTY HISTORICAL
SOCIETY
President and CEO
El
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. 1311 St., Dubuque, IA 52001, (563) 589-4100
RESOLUTION NO. 396-24
APPROVING A SECOND AMENDMENT TO THE LEASE AGREEMENT BY AND
BETWEEN THE CITY OF DUBUQUE, IOWA, AND DUBUQUE COUNTY HISTORICAL
SOCIETY
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; and
WHEREAS, Dubuque County Historic Society desires to extend the current lease
period and continue to operate the Ham House; and
WHEREAS, the City Council by Resolution No. 380-24, dated November 18, 2024
declared its intent to enter into a Second Amendment to the Lease Agreement by and
between the City of Dubuque, Iowa and Dubuque County Historical Society; and
WHEREAS, pursuant to a published notice, a public hearing was held on the
proposed Second Amendment to the Lease Agreement on December 2, 2024; and
WHEREAS, it is the determination of the City Council that approval of the Second
Amendment to the Lease Agreement for the public facility known as the Ham House,
according to the terms and conditions set out in the lease agreement and its amendments,
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 Second Amendment to the Lease Agreement by and between the
City of Dubuque, Iowa and Dubuque County Historical Society for the Ham House, a copy
attached hereto, is hereby approved.
Section 2. That the Mayor is hereby authorized and directed to execute the
Second Amendment to the Lease Agreement on behalf of the City of Dubuque and the
City Clerk is authorized and directed to attest his signature.
Section 3. That the City Manager is authorized to take such actions as are
necessary to comply with the terms of the Second Amendment to the Lease Agreement
as herein approved.
Passed, approved, and adopted this 2nd day of December 2024.
Attest:
Adrienne N. Breitfelder, City Clerk
STATE OF IOWA SS:
DUBUQUE COUNTY
CERTIFICATE OF PUBLICATION
I, Kathy Goetzinger, a Billing Clerk for Woodward
Communications, Inc., an Iowa corporation, publisher
of the Telegraph Herald, a newspaper of general
circulation published in the City of Dubuque, County
of Dubuque and State of Iowa; hereby certify that the
attached notice was published in said newspaper on the
following dates:
11/22/2024
and for which the charge is 33.63
Subscribed to before me, a Notary lic in and for
Dubuque County, Iowa,
this 22nd day of November, 2024
Notary ' .' is in and for Dubuque County, Iowa.
JANET K. PARE
S Commission Number 199659
My Commission Expires
12/11/2025
Ad text :
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. The official City Council agenda
will be posted the Friday before the meeting and will contain
public input options. The agenda can be accessed at
https://dubuqueia.portal.civicclerk.com/ or by contacting the
City Clerk's Office at 563-589-4100,
ctyclerk@cityofdubuque.org.
Written comments on the public hearing may be submitted to
the City Clerk's Office by email at ctyclerk@cityofdubuque.org
or by mail to City Hall, 50 W. 13th St., Dubuque, IA 52001,
before the scheduled hearing. The City Council will review all
written comments at the time of the hearing.
Documents related to the public hearing are on file in the
City Clerk's Office and may be viewed Monday through Friday
between 8:00 a.m. and 5:00 p.m.
Individuals requiring special assistance should contact the
City Clerk's Office 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
It 11/22