MacHom Windows, LLC, Second Amendment Lease Agreement Copyrighted
May 18, 2026
City of Dubuque ITEMS SET FOR PUBLIC HEARING # 7.
City Council
ITEM TITLE: MacHom Windows, LLC, Second Amendment Lease
Agreement
SUMMARY: City Manager recommending City Council set a public
hearing on the Second Amendment for June 1, 2026, for the
approval of the proposed Second Amendment to the Lease
Agreement by and between the City of Dubuque, lowa and
MacHom Windows, LLC.
RESOLUTION Fixing the Date for a Public Hearing of the
City Council of the City of Dubuque, lowa on the Second
Amendment to Lease Agreement by and between the City of
Dubuque, lowa and MacHom Windows, LLC, and Providing
for the Publication of Notice Thereof
SUGGUESTED Receive and File; Adopt Resolution(s), Set Public Hearing for
DISPOSITION: June 1, 2026
ATTACHMENTS:
1. MVM Memo Fix Public Hearing Date for Second Amendment to Lease Agreement
MacHom Windows
2. Staff Memo MacHom Public Notice 05-12-2026
3. Resolution MacHom Second Amendment Public Notice 05-12-2026
4. Public Notice MacHom Lease 2nd Amendment 05-12-2026
5. Second Amendment MacHom05122026jImFinal
Page 674 of 890
Dubuque
THE CITY OF �
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Fixing the date for a Public Hearing of the City Council of the City of
Dubuque, lowa on the Second Amendment to Lease Agreement by and
between the City of Dubuque, lowa and MacHom Windows, LLC, and
providing for the publication of notice thereof
DATE: May 13, 2026
Senior Counsel Barry Lindahl is recommending City Council sets a public hearing on
the Second Amendment for June 1, 2026, for the approval of the proposed Second
Amendment to the Lease Agreement by and between the City of Dubuque, lowa and
MacHom Windows, LLC.
The attached Second Amendment clarifies the legal description of the Property and
extends the Term to 2051 from the original 2043 Term.
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
Barry Lindahl, Senior Counsel
Page 675 of 890
Dubuque
THE CITY OF �
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BARRY A. LINDAHL, ESQ.
SENIOR COUNSEL
MEMO
To: Michael C. Van Milligen
City Manager
DATE: May 18, 2026
RE: FIXING THE DATE FOR A PUBLIC HEARING OF THE CITY COUNCIL
OF THE CITY OF DUBUQUE, IOWA ON THE SECOND AMENDMENT TO LEASE
AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE, IOWA AND MACHOM
WINDOWS, LLC, AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF
The City of Dubuque is the owner of property on Purina Drive legally described as
Lot 2 of Lot 10 and part of Lot 11 of Block 4 in Riverfront Sub. No. 2 in the City of Dubuque,
lowa (the Property).
The City and Hodge Company entered into a Lease Agreement dated June 20,
2016, for the Property. Hodge Company assigned the Lease Agreement to MacHom
Windows, LLC in 2022. The First Amendment to the Lease Agreement substituted
MacHom as Lessee.
The attached Second Amendment clarifies the legal description of the Property
and extends the Term to 2051 from the original 2043 Term.
I recommend that the attached Resolution setting a public hearing on the Second
Amendment be submitted to the City Council for consideration and adoption.
cc: Crenna Brumwell, City Attorney
Jim Bousley, Project Manager
OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA
SUITE 33�, HARBOR VIEW PLACE, 3OO MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563)583-4113/Fax (563)583-1040/EMai� balesq@cityofdubuque.org
Page 676 of 890
RESOLUTION NO. 199-26
•
FIXING THE DATE FOR A PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA ON THE SECOND AMENDMENT TO LEASE AGREEMENT BY
AND BETWEEN THE CITY OF DUBUQUE, IOWA AND MACHOM WINDOWS, LLC,
AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF
WHEREAS, City is the owner of the following real property:
Lot 2 of Lot 10 and part of Lot 11 of Block 4 in Riverfront Sub. No. 2 in the City of
[ Dubuque, Iowa (the Property); and
WHEREAS, City, as Lessor, and Hodge Company, as Lessee, entered into a Lease
Agreement dated June 20, 2016, for the Property, referred to therein as the Demised
Property; and
WHEREAS, Hodge Company assigned the Lease Agreement to MacHom Windows,
LLC; and
WHEREAS, the First Amendment to the Lease Agreement substituted MacHom as
Lessee; and
WHEREAS, City and MacHom desire to further amend the Lease Agreement as set
forth in the attached Second Amendment to Lease Agreement; and
WHEREAS, before said Obligations may be approved, the Iowa Code requires that the
City Clerk publish a notice of the proposal and of the time and place of the meeting at
which the City Council proposes to take action thereon and at which meeting the City
Council shall receive oral and/or written objections from any resident or property owner of
said City to such proposed action.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The City Clerk is hereby authorized and directed to cause a notice to be
published as prescribed by the Iowa Code of a public hearing on the City's intent to
approve the Second Amendment to Lease Agreement Development Agreement by and
between City of Dubuque and MacHom Windows, LLC, to be held on the 1st day of June,
2026, at 6:30 p.m. for the purpose of receiving public input and comment regarding the
proposed Second Amendment.
Section 2. The City Council will meet at said time and place for the purpose of taking
action on the matter of approving the Second Amendment.
Section 3. The City Clerk is hereby directed to cause at least one publication to be
made of a notice of said meeting, in a newspaper, printed wholly in the English language,
published at least once weekly, and having general circulation in said City, said publication
to be not less than four days nor more than twenty days before the date of said meeting
on the issuance of said Obligations.
Section 4. That the notice of the meeting shall be in substantially the form attached
hereto.
Passed, approved and adopted this 18th day of May 2026.
Brad___M. avanagh, Mayor
Attest:
Trish L. Gleason, Assistant City Clerk
CITY OF DUBUQUE, IOWA
OFFICIAL NOTICE
PUBLIC NOTICE is hereby given that the Dubuque City Council will conduct a public
hearing on the 1St day of June, 2026, at 6:30 p.m., in the Historic Federal Building, 350
W. 6th Street, 2nd floor, Dubuque, lowa, at which meeting the City Council proposes
to adopt a resolution approving the Second Amendment to Lease Agreement by and
between the City of Dubuque and MacHom Windows, LLC.
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 lowa by dialing 711 or
(800) 735-2942.
Published by order of the City Council given on the 18t" day of May, 2026.
Adrienne N. Breitfelder, CMC, City Clerk
Page 679 of 890
SECOND AMENDMENT
TO
LEASE AGREEMENT
BY AND BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
MACHOM WINDOWS, LLC
This Second Amendment to the Lease Agreement, dated for reference purposes
the day of , 2026 is made and entered into by and between the
City of Dubuque, lowa (City) and MacHom Windows, LLC (MacHom).
WHEREAS, City is the owner of the following real property:
Lot 2 of Lot 10 and part of Lot 11 of Block 4 in Riverfront Sub. No. 2 in the
City of Dubuque, lowa
(the Property); and
WHEREAS, City, as Lessor, and Hodge Company, as Lessee, entered into a
Lease Agreement dated June 20, 2016, for the Property, referred to therein as the
Demised Property; and
WHEREAS, Hodge Company assigned the Lease Agreement to MacHom;
and
WHEREAS, the First Amendment to the Lease Agreement substituted MacHom
as Lessee; and
WHEREAS, City and MacHom desire to further amend the Lease Agreement as
set forth herein.
NOW, THEREFORE, IT IS AGREED BY AND BETWEEN CITY, AND MACHOM
WINDOWS, LLC AS FOLLOWS:
SECTION 1. Section 1.1 of the Lease Agreement is amended to read as follows:
1.1 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 shown on Exhibit A,
attached hereto, legally described as follows:
Lot 2 of Lot 10 and part of Lot 11 of Block 4 in Riverfront Sub. No. 2
in the City of Dubuque, lowa
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Page 680 of 890
as shown on Exhibit A attached hereto, together with any and all easements
and appurtenances thereto and subject to any easements and restrictions
of record (the Demised Premises), to have and to hold for an initial term
commencing as of the 1 St day of November, 2018, and ending at midnight
on the 31St day of October, 2051 (the Term), subject to all of the terms,
covenants, conditions and agreements contained herein.
The parties acknowledge that the legal description in the First Amendment
was in error in that it included Lot 1 of Block 4 and that the foregoing legal
description is correct.
SECTION 2. Section 5.1 is amended to read as follows:
5.1 Lessee agrees to pay to City as additional rent an amount equal to
real estate taxes upon the real estate of the Demised Premises that accrue
during the Term of this Lease (including taxes accrued during the Term but
not due and payable until after the Term), upon receipt of a statement from
City, accompanied with all statements from any other taxing authority
verifying the amount of such accrued taxes. This Section shall survive the
termination of this Lease.
SECTION 3. All other terms and conditions of the Lease Agreement shall remain
in full force and effect.
CITY OF DUBUQUE, IOWA MACHOM WINDOWS, LLC
By: By:
Brad M. Cavanaugh, Mayor Michael McFarland, Manager
Attest:
Trish L. Gleason, Assistant City Clerk
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Page 681 of 890
EXHIBIT A
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Page 682 of 890
LEASE AREA EXHIBIT -
HODGE COMPANY
LOT 2 OF LOT 10 AND PART OF LOT 11 OF BLOCK 4 IN RIVERFRONT SUB.
N0. 2 IN TH� CITY OF DUBUQUE, IOWA
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� ' ' TOTAL AREA: 8.89 ACRES
- . GOT 2-10 � �I�
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RIVE T SUB. N0. 2.� I�
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� EXISTING EASEAIENT
I i 1 RECORDED AS
I ■ �OUND S/8� IRON REBAR NA?H
� �20' X 900' 1UR81NE AND � I PLASTIC CAP dc N0. AS NOTEO
�� � '/ UTILITY EASEMENT , • FOUND 1' IRON PIPE
r � FOUND MAG NAIL
� FOUND CONCRETE MONUAIENT
f } • 30'.X 611' EASENENT 'B' � � 0 fOUHD CUT "x"
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. I THiS SURVEY IS SUBJECT TO
`� • EA�EMENTS. RESERYATIONS,
. � tiQ � 1' NFS'RICTIONS AND RIGHiS-Of-WAr
_ • ��5'�7 � i:^ RECORO AND NOT OF RECORD-
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