Public Hearing and Approval of Third Amendment to the Lease Agreement with Dubuque County Historical SocietyCity of Dubuque
City Council
PUBLIC HEARINGS # 3.
Copyrighted
March 16, 2026
ITEM TITLE: Public Hearing and Approval of Third Amendment to the
Lease Agreement by and Between the City of Dubuque, Iowa
and the Dubuque County Historical Society
SUMMARY: Proof of publication on notice of public hearing to consider
City Council adopt the attached resolution approving a Third
Amendment to the Lease Agreement between the City of
Dubuque, Iowa and the Dubuque County Historical Society,
and City Manager recommending approval.
RESOLUTION Approving A Third Amendment To The Lease
Agreement By And Between The City Of Dubuque, Iowa, And
Dubuque County Historical Society
SUGGUESTED Receive and File; Adopt Resolution(s)
DISPOSITION:
ATTACHMENTS:
1. MVM Memo Public Hearing and Approval of Third Amendment to the Lease
Agreement DCHS
2. Ham House Lease Third Amendment memo 3-10-2026
3. 2026 Ham House Third Amendment Lease Date Signed
4. Ham House 3rd Amendment Lease Resolution
5. Ham House Third Amendment Lease Date
Page 610 of 811
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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 Third Amendment to the Lease Agreement
by and Between the City of Dubuque, Iowa and the Dubuque County
Historical Society
DATE: March 10, 2026
Parks and Recreation Director Matthew Kalcevich is recommending City Council adopt
the attached resolution approving a Third Amendment to the Lease Agreement between
the City of Dubuque, Iowa and the Dubuque County Historical Society.
The City provided a letter of authorization on behalf of the City of Dubuque in support of
the Dubuque County Historical Society's application to the Iowa Economic Development
& Finance Authority's State Historic Preservation Tax Credit Program for preservation
and restoration work on the Mathias Ham House. Recently, the state provided
additional information in relation to the Iowa Economic Development and Finance
Authority's State Historic Preservation Tax Credit program advising that the lease needs
to be 39 years.
The current Lease Agreement has a Term ending on May 31, 2054. This does not meet
the 39-year requirement. The Third Amendment would extend the Term to May 31,
2066. This will meet the requirements of the State and provide an additional two years
in case the process of approval in the second step of the application for tax credits
takes more than a year.
The Parks and Recreation Commission reviewed the Third Amendment and
unanimously approved the recommendation at their February 10, 2026, meeting.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
v
Mic ael C. Van Milligen
MCVM-sv
Attachment
Page 611 of 811
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Matthew Kalcevich, Parks and Recreation Director
Steve Fehsal, Park Division Manager
Jared Charland, Project and Facilities Manager
Kurt Strand, President and CEO Dubuque County Historical Society
2
Page 612 of 811
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TO: Michael C. Van Milligen, City Manager
FROM: Matthew K. Kalcevich, Parks and Recreation Director
SUBJECT: Public Hearing and Approval of Third Amendment to the Lease Agreement
by and Between the City of Dubuque, Iowa and the Dubuque County
Historical Society
DATE: March 10, 2026
INTRODUCTION
The purpose of this memo is to request the City Council to adopt the attached resolution
approving a Third Amendment to the Lease Agreement between the City of Dubuque,
Iowa and the Dubuque County Historical Society.
BACKGROUND
The Second Amendment was brought to the City Council on December 2, 2024. In the
memo stated the following:
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
The second amendment also clarified specifics related to the lease. The Amendment
passed at this Council meeting.
DISCUSSION
Page 613 of 811
The City provided a letter of authorization on behalf of the City of Dubuque in support of
the Dubuque County Historical Society's application to the Iowa Economic Development
& Finance Authority's State Historic Preservation Tax Credit Program for preservation
and restoration work on the Mathias Ham House. Recently, the state provided
additional information in relation to the Iowa Economic Development and Finance
Authority's State Historic Preservation Tax Credit program:
In the case of a long-term lease, without the lessor's election pursuant to Treasury
Regulation § 1.48-4(a)(1), the lessee's expenditures may be qualified rehabilitation
expenditures and the lessee can claim a rehabilitation credit provided certain
requirements are met. However, if on the date the rehabilitation is completed, the
remaining term of the lease (determined without regard to any renewal periods) is
less than the recovery period determined under section 168(c), then the lessee's
expenditures are not included as qualified rehabilitation expenditures.
• Under I. R. C. § 168(c) the recovery period for residential rental property is 27.5
years and the recovery period for nonresidential real property is 39 years.
The current Lease Agreement has a Term ending on May 31, 2054. This does not meet
the 39-year requirement. The Third Amendment would extend the Term to May 31,
2066. This will meet the requirements of the State and provide an additional two years
in case the process of approval in the second step of the application for tax credits
takes more than a year.
The Third Amendment to the Lease Agreement was reviewed and approved by Senior
Counsel Barry Lindahl. The Third Amendment was reviewed, approved, and signed by
the Dubuque County Historical Society.
The Parks and Recreation Commission reviewed the Third Amendment and
unanimously approved the recommendation at their February 10, 2026, meeting.
BUDGETIMPACT
There is no budgetary impact related to this Third Amendment to the Lease Agreement.
ACTION REQUESTED
I respectfully request the City Council adopt the attached resolution approving the Third
Amendment to the Lease Agreement between the City of Dubuque, Iowa and the
Dubuque County Historical Society.
Prepared by: Steve Fehsal, Park Division Manager
2
Page 614 of 811
cc: Jared Charland, Project and Facilities Manager
Kurt Strand, President and CEO
Page 615 of 811
Prepared by Matthew Kalcevich Parks and Recreation 2200 Bunker Hill Road Dubuque IA 52001 (563) 589-4263
Return to Adrienne N. Breitfelder, City Clerk, 50 W. 13"' St., Dubuque, IA 52001, (563) 589-4100
RESOLUTION NO. 91-26
APPROVING A THIRD 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 -land
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. 66-26, dated March 2, 2026
declared its intent to enter into a Third 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 Third Amendment to the Lease Agreement on March 16, 2026; and
WHEREAS, it is the determination of the City Council that approval of the Third
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 Third 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 Third
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 Third Amendment to the Lease Agreement as
herein approved.
Passed, approved, and adopted this 16th day of March 2026.
"�-
J,
David T. Res ick, Mayor Pro Tern
Attest:
Adrienne N. Breitfelder, city Clerk
THIRD AMENDMENT
TO
LEASE AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
DUBUQUE COUNTY HISTORICAL SOCIETY
�,) This Third A endment to Lease Agreement, dated for reference purposes the
day of (r^V'C!', , 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 and Second
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. 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 commencing on June 1,
2006 and terminating at midnight on May 31, 2066, subject to all of the terms, covenants,
conditions and agreements contained herein.
Section 2. All other terms and conditions of the Lease shall remain in full force
and effect.
LESSOR: LESSEE:
CITY OF DUBUQUE, IOWA
By:)a,v t -
David T. Resnick, ayor Pro Tern
DUBUQUE COUNTY HISTORICAL
SOCIETY
President and CEO
ATTEST:
By: A"""'
Adrienne N. Breitfelder, tity Clerk
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ice: 5 t I t 'L111,
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:
03/06/2026
and for which the charge is 34.46
S bscribed to fore me, a Notary Public in and for
Dubuque County, Iowa,
this 6th day of March, 2026
9""� i/' pia",
Notary bli in and for Dubuque County, Iowa.
�ppiA[ SF JANET K. PAPE
o Commission Number 199659
My Commission Expires
/a W P 12/11 /2028
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 16th
day of March, 2026 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 Third
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 2nd day
of March, 2026.
Adrienne N. Breitfelder,
CMC, City Clerk
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