MacHom Windows, LLC Lease Agreement Second Amendment Copyrighted
June 1, 2026
City of Dubuque CONSENT ITEMS # 16.
City Council
ITEM TITLE: MacHom Windows, LLC Lease Agreement Second
Amendment
SUMMARY: City Manager recommending approval of the Second
Amendment with MacHom Windows, LLC.
RESOLUTION Approving the Second Amendment to Lease
Agreement by and between the City of Dubuque, lowa and
MacHom Windows, LLC
SUGGUESTED Receive and File; Adopt Resolution(s)
DISPOSITION:
ATTACHMENTS:
1. MVM Memo APPROVING THE SECOND AMENDMENT TO LEASE AGREEMENT
BY AND BETWEEN THE CITY OF DUBUQUE, IOWA AND MACHOM WINDOWS,
LLC
2. Staff Memo MacHom Public Notice 05-28-2026
3. Resolution_MacHom_Approving 2nd Amendment 05-28-2026
4. Second Amendment signewd by Mac - SIGNATURES required
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Dubuque
THE CITY OF �
uhA�eMa cin
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Approving the Second Amendment to Lease Agreement by and between
the City of Dubuque, lowa and Machom Windows, LLC
DATE: May 28, 2026
Senior Counsel Barry Lindahl is recommending City Council adopt the resolution
approving the Second Amendment with 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.
�
Mic ael C. Van Milligen
MCVM:sv
Attachment
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Barry Lindahl, Senior Counsel
Jim Bousley, Project Manager
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Dubuque
THE CITY OF �
All•Aneriea Ciry
DuB E ;�� �:;
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BARRY A. LINDAHL, ESQ.
SENIOR COUNSEL
MEMO
To: Michael C. Van Milligen
City Manager
DATE: June 1, 2026
RE: APPROVING THE SECOND AMENDMENT TO LEASE AGREEMENT BY
AND BETWEEN THE CITY OF DUBUQUE, IOWA AND MACHOM
WINDOWS, LLC
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 2022 Assignment and First Amendment incorrectly included Lot 1 of Lot 10 in the
legal description. The attached Second Amendment clarifies the legal description of the
Property and extends the Term to 2051 from the original 2043 Term.
The Second Amendment has also been revised from the draft that was set for the public
hearing on May 18, 2026. MacHom has requested that the Second Amendment state that
no rent is due for Lot 1 for the time it was incorrectly included in the legal description.
I recommend that the attached Resolution approving 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 658 of 1000
Prepared by: Barry A. Lindahl, Senior Counsel, 300 Main Street, Suite 330, Dubuque IA 52001, 563 589-4113
Return to: Barry A. Lindahl, Senior Counsel, 300 Main Street, Suite 330, Dubuque IA 52001, 563 589-4113
RESOLUTION NO. 213-26
APPROVING THE SECOND AMENDMENT TO LEASE AGREEMENT BY AND
BETWEEN THE CITY OF DUBUQUE, IOWA AND MACHOM WINDOWS, LLC
WHEREAS, 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, Iowa (the Property); and
WHEREAS, 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, which First Amendment to the Lease Agreement
substituted MacHom as Lessee; and
WHEREAS, the Second Amendment clarifies the legal description of the Property
in the 2022 Assignment and the First Amendment which incorrectly included Lot 1 of Lot
10 and also extends the Term to 2051 from the original 2043 Term; and
WHEREAS, the Second Amendment also states that no rent is due for Lot 1 for
the time it was incorrectly included in the legal description.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA THAT:
Section 1 . The Second Amendment to Lease Agreement is hereby approved.
Section 2 The Mayor is authorized and directed to sign the Second Amendment
on behalf of the City of Dubuque.
Passed, approved and adopted this 1st day of June 2026.
Brad M. C agh, Mayor
Attest:
Trish L. Gleason, Assistant City Clerk
�
SECOND AMENDMENT
To
LEASE AGREEMENT �
BY AND BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
MACHOM WfNDOWS, LLC ;
;
This Second Amendment to #he Lease Agreement, dated for reference purposes
the day of , 2026 is made and entered into by and between the �
City af Dubuque, lowa (City) and MacHom Windows, LLC {MacHom). �
WHEREAS, City is the owner of the following real property: �
�.ot 2 of Lot 10 and part af �ot 11 ot Block 4 in Riverfront Sub� No. 2 in the
City of Dubuque, lowa �
(the Property); and I!�
WHEREAS, City, as Lessor, and Hod e Com an as Lessee entered into a L I�
g p y, , ease
, 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 FirstAmendmenfi to the Lease Agreement substifiuted MacHom as
Lessee; and
WHEREAS, City and MacHam desire to fiurther amend fihe Lease Agreement as
set forth herein. ',
NOW, THEREFORE, IT 1S AGREED BY AND BETWEEN CITY AND MACH �
, OM
1lVINDOWS, LLC AS FOLLOWS: '
SECTION 1. Section 1.1 of the Lease Agreement is amended to read as foliows:
1.1 ln consideration of the rents hereinafter reserved and the terms, !
covenants, conditions and agreements set for�h in this Lease, Lessor
hereby leases to Lessee the real property s�own on Exhibit A, '
attached hereto, legafly described as foilows:
;
1
Lot 2 of Lot 10 and part of Lot 11 of Block 4 in RiverFront Sub. No. 2
in fhe City of Dubuque, lowa
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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 1st day of November, 2018, and ending at midnight
on the 31 st 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. There are no rents due for Lot 1 for the period of the
incorrect legal description.
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. anaugh, Mayor Midia I M aria , Manager
Attest:
Trish L. Gleason, Assistant City Clerk
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as shown on Exhibit A attached hereto, together wifih any and all easemen#s �,
and appurtenances thereto and subject to any easements and restrictions 1
of record (the Demised Premises), to have and to hold for an initial #erm j
commencing as of the 1St day of November, 2018, and ending at midnight
on the 31St day of October, 2051 (the Term), subject to afl of the terms,
covenants, conditions and agreements contained herein.
The parties acknawledge 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. There are no rents due for Lot 1 for�he period of the
incorrect legal description. �
;
SECTIQN 2. Section 5,� is amended to read as follows: !
5.1 Lessee agrees to pay fo City as additional rent an amount equal to
real estate taxes upon the real estafie 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 fihe Term}, upon receipt of a s#atement from
Cifiy, accompanied with all statements from any ofiher taxing authority ,
verifying the amount of such accrued taxes. This Section shall survive the
termination of this Lease. '
� SECTION 3. All ofiher terms and conditions of the Lease Agreement shal! remain
in full torce and effect.
CfTY OF DUBUQUE, IOVIOA MACHOM WINDOWS, LLC
By: gy. -� �
Brad M. Cavanaugh, Mayor MictSa I M arfa , Manager ,
,
Attest:
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Trish L. Gleason, Assistant City Clerk �
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