Port of Dubuque Brewery Devel LLC First AmendmentTO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Port of Dubuque Brewery Development, LLC
DATE: June 11, 2008
City Attorney Barry Lindahl is recommending the First Amendment to the Lease
Agreement with Port of Dubuque Brewery Development, LLC. This will substitute the
correct legal description and would provide some reserved parking spaces for a
Brewery tenant, Kurtz Communications.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
~~ ~ G ~
Michael C. Van illigen
MCVM/jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
THE CITY OF
DUB ~ E MEMORANDUM
Masterpiece on the
BARRY LINDA L
CITY ATTORN Y
To: Michel C. Van Milligen
City Manager
DATE: June 3, 2008
RE: Port of Dubuque Brewery Development, LLC
Enclosed is the First Amendment to Lease Agreement between the City of Dubuque,
Iowa and the Port of Dubuque Brewery Development, LLC. The amendment has two
purposes:
1. To substitute the correct legal description for the leased premises now that the
plat of Riverwalk 8th Addition has been recorded;
2. The Lessee has requested an amendment to the language in the lease relating
to the parking lot to allow exclusive parking for employees of its Sublessee, Kurtz
Communications, Inc. on weekdays from 8:00 a.m. through 7:00 p.m. during the
term of the current sublease and extensions, which would be for a period of five
years with three extensions of five years each. The amendment also allows the
Lessee to erect signage in the parking lot which designates such parking spaces
as being reserved for employees of Kurtz Communications, Inc. but only from
Monday through Friday, 8:00 a.m. through 7:00 p.m.
I recommend that the First Amendment be submitted to the City Council for
consideration and approval.
BAL:tIs
Enclosure
cc: Dave Heiar, Economic Development Director
Tim Horsfield, Parking Systems Supervisor
Brian Kane, Esq.
F:\USERS\tsteckle\Lindahl\Port of Dubuque Brewery Development LLCUVIVM_1stAmendtoLeaseAgreement_060308.doc
OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563) 583-4113 / FAx (563) 583-1040 / EMAIL balesq@cityofdubuque.org
FIRST AMENDMENT
TO
LEASE AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
PORT OF DUBUQUE BREWERY DEVELOPMENT, LLC
This First Amendment to Lease Agreement between the City of Dubuque, Iowa, and Port
of Dubuque Brewery Development, LLC ("Amendment") is entered into this 16th day of
April, 2008 by and between the CITY OF DUBUQUE, IOWA, a municipal corporation
("Lessor") and Port of Dubuque Brewery Development, LLC, an Iowa limited liability company
("Lessee").
RECITALS
A. Lessor and Lessee entered into that certain Lease Agreement dated July 1, 2006
(the "Lease") with respect to premises located at the former Dubuque Star Brewery building at
East 4th Street, Dubuque, Iowa 52001;
B. The parties desire to amend the Lease in certain respects and desire to set forth
such amendment in writing.
THEREFORE, in consideration of the mutual terns and covenants contained herein, the
parties agree as follows:
Amendment to Para~raUh 1.1. The Lease is amended by deleting Paragraph 1.1 in
its entirety and replacing it with the following:
"1.1 Demise and Term. In consideration of the rents hereinafter
reserved and the teens, covenants, conditions and agreements set
forth in this Lease, Lessor hereby leases to Lessee Lot 2,
Riverwalk Eighth Addition, and the building thereon, as shown on
Exhibit A attached hereto and by this reference made a part of this
Lease, 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 a term of fifty (50)
years commencing as of the date of this Lease and ending on the
30th day of June, 2056. See paragraph 25 regarding option to
renew."
2. Amendment to Paragraph 1.3. The Lease is amended by deleting Paragraph 1.3 in
its entirety and replacing it with the following:
"1.3 Parkin. Lessee shall develop, construct and pay for a parking lot adjacent
to the Dubuque Star Brewery building on Lot 1, Riverwalk Eighth Addition, as
shown on Exhibit A (the "Parking Lot"). Lessee shall be responsible for snow
removal and similar maintenance with respect to the Parking Lot and shall further
be responsible for any other maintenance, repair or replacement to the surface of
the Parking Lot. Notwithstanding language to the contrary in Section 2.1 of the
Development Agreement between Port of Dubuque Brewery Development, LLC
and the City of Dubuque, Lessee shall have non-exclusive use of the Parking Lot
and the Development Agreement shall be deemed amended consistent with this
First Amendment. Developer shall have the right to assign all or portions of such
use to others, including Lessee's sublessees with respect to the Dubuque Star
Brewery building: Lessee's obligations with respect to the Parking Lot and its
non-exclusive rights with respect to the Parking Lot shall continue during the term
of the Lease referred to in paragraph 1.1 or any renewals thereof. Except for the
maintenance and replacement obligations set forth herein with respect to the
Parking Lot, Lessee shall not be required to pay any additional sums related to the
use of the Parking Lot beyond the rent provided in this Lease. While Lessee's use
of the Parking Lot is on anon-exclusive basis, the parties recognize that in the
event City or other parties hold events in the general Port of Dubuque area, it may
be necessary for Lessee to have temporary exclusive rights with respect to use of
the Parking Lot for the customers of Lessee's sublessees. Therefore, in the event
the City or any other organization holds an event in the Port of Dubuque area that
can reasonably be expected to adversely affect parking availability on the Parking
Lot (such as, by way of example and not limitation, the occurrence of any event
requiring a permit under the City of Dubuque Ordinances), Lessee may control
access to the Parking Lot on the day of such event and upon not less than seven
day's written notice to the City Manager to ensure that any persons using the
Parking Lot are doing so with the intent of visiting the building upon the Demised
Premises. Provided, however, Lessee's control of access to the Parking Lot shall
be limited to no more than 50 days per year. Lessor grants Lessee the right to
assign ten (10) parking spaces in the Parking Lot to employees of Kurtz
Commmunications, Inc. on weekdays from 8 A.M. through 7 P.M. but only for the
term of Lessee's current sublease with Kurtz Commmunications, laic. -and any
extensions as provided in the sublease, which term is five (5) years with three (3)
extensions of five (5) years each. Lessee inay erect signage in the Parking Lot
which designates that such parking spaces are reserved for employees of Kurtz
Communications, Inc., provided that such signage states that the parking spaces
are reserved for employees of Kurtz Communications, Inc. only from Monday
through Friday, 8 A.M. through 7 P.M. each such weekday."
3. Amendment to Exhibit A. Exhibit A is deleted in its entirety and the following
substituted in lieu thereof
"[insert plat of Riverwalk Eighth Addition when recorded]"
4. Effect on Balance of Lease. Except as amended or modified herein the Lease
shall continue to govern the rights and obligations of the parties thereto.
LESSOR:
CITY OF DUBUQUE, IOWA
By: iM
Roy D. Buol, Mayor
Attest
Jeanne F. Schneider, City Clerk
LESSEE:
PORT OF DUBUQUE BREWERY
DEVELOPMENT, LLC
By: ~ __
Wayne A. Briggs, Managing Member
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Recorded: 05/75/2008 at 02:26:17 PN 1
Fee Mt: 367.00 Peve I of IS
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Kathy Flynn 'rXurlev Reoorder ,
F1Ie2008-00006837
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