Dodds River Terminals_Al Hughes_Koch Letter re Lease
I~UB E
Engineering Division 6~
50 West 13th Street ~" ''
Dubuque, Iowa 5200I~I864 ,
(319) 589270
{319) 589-4149 FAX
February 7, 2002
Mr. AI Hughes, Esq.
Attorney At Law
Hughes ~ Tranel, P.C.
1154 Iowa Street
Dubuque, IA 52001-0481
RE: Dodds River Terminals
Dear AI:
Please note the following enclosures:
- Afully-executed copy of the revised lease with Dodds River Terminals, lnc.
- A copy of the January 28, 2002 invoice of Dodds River Terminals, Inc. ~in.the amount
of $8,464.15.
- A copy of the City's payment to Dodds ,River Terminals, Inc. in the amaun# of
$8,464.15.
Just for the record, I also wanted to advise you that the Dodds lease is set to expire ,on
March 31, 2008 for both leases. Because of the redevelopment #aking ,place in this
area, the City has no plans to extend the lease.past this date.
Should you have any questions, please let me know.
Srnin~cere~y,
' ~"' ~~~~
Michael A. ICoCh.
Public Works ~Dire+efor
MAK/vjd ~~
cc: Dennis Dodds, Dodds River Terminals
~1Ulichael C. Van Milligen, City Manager
Barry Lindahl, Corporation Counsel
Encs.
Service People Inbegrity Itesponsibllity Innovation .Teamwork
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FIRST AMENDMENT TO LEASE AND AGREEMENT
WHEREAS, the CITY OF DUBUQUE, IOWA, a Municipal Corpora#ion, through
its Board of Dock Commissioners, entered. into a Lease and Agreemen# with DUBUQUE
TWINE COMPANY, an Iowa corporation and the predecessor to DODDS RIVER
TERMINALS, INC., on the 10~' day of April, 1979, covering a parcel of real estate on
which was located the Municipal River Rait Terminal and its dock; and
WHEREAS, real estate is shown on the plat and description of demised premises
marked Exhibit "A"and attached to the Lease and Agreement dated April 10, 1979, and
is described as follows:
Commencing at the Southeast comer of Block 6 in Dubuque Harbor Company's
Addition to the City of Dubuque, Dubuque County, Iowa;
Thence South 82° East 154.05 feet;
Thence South 3°38' East 226 feet to the point of beginning;
Thence South 87°42'30" West 121.87 feet;
Thence South 3°23'25'° West 30.2 feet;
Thence North 87°42'30" Eas# 104.12 feet;
Thence South 2°1 T30" East 192.76 feet;
Thence North 87°42'30" East 101.5 feet;
Thence North 2°17'30" Wes# 222.73 feet;
Thence South 87°42'30" West 80.83 feet to the point of beginning; with an area
of 25,683.7 square feet.
WHEREAS, said Lease and Agreement provided for the Lessee to have the use
of Lessor's railroad sidings adjacent to the premises to load and unload material; and
WHEREAS, a# the time said Lease and Agreement were entered into, rail access
was provided to the property both from the north and from the south; and
WHEREAS, the parties are now desirous of amending said Lease to provide for
a clear understanding regarding rail access to the premises.
NOW, THEREFORE, IT IS AGREED by and between the parties hereto, as
follows:
1. That upon the effective date of this Amendment, the Lessee, Dodds River Terminals,
Inc. will utilize exclusively for rail service to the warehouse properties rail service that
runs. south from the demised premises to the main line of the Chicago Central and
Pacific Railroad track and Dodds River Terminals, Inc., as Lessee, hereby gives up and
yields any right to rail access to its property from the north of the Municipal River
Railroad Terminal building and its dock.
2. That Paragraph 4 of the Lease and Agreement dated April 10, 1979, be deleted and
the following paragraph substituted in lieu thereof:
"Whenever the Lessee shall use the City-owned railroad siding south of the
Municipal Rail-Rail Terminal and its dock to the main line of the Chicago Central
~,
and Pacific Railroad tracks, which are adjacent to the demised premises, to load
ar unload material, it shall pay to the Lessor, in addition to annual rental
heretofore provided for herein, the sum of Two and 50/100 Dollars ($2.50) for
each carload or partial carload using said City-awned railroad siding, which total
amount shalt be completed during each rent year and shall became due and
payable on the first day of April of each year during the term of this. Lease.'
3. It is further agreed that the City will maintain the south railroad right-of-way from the
Municipal Rail Terminal and its dock to the main line of the Chicago Central and Pacific
Railroad, all south of the Municipal River and Rail Terminal and its dodo, and will have
no responsibility to Dodds River Terminals, Inc. to provide access to any railroad track
north of the Municipal River-Rail Terminal Building.
4. That there is attached hereto and by this reference made a part hereof, a drawing
which illustrates the location of the track, which the Lessee, Dodds River Terminals,
inc., shalt utilize and have access to, and which wilt be maintained by the City of
DubuQue.
5. In all other respects, the Lease and Agreement dated the 10~' day of April, 1979,
shah remain in full force and effect.
Dated this~-9~"'day of ~~ , 2002.
DODDS RIVER TERMI ALS, INC. CITY OF DUBUQUE, IOWA
An lowa Corporation, Lessee A Municipal Corporation, Lessor
By: 1~~~4~
Dennis P. Dodds, President
By: ~~
Mayor ra 1 ehn
Attes
ity Clerk
.-,-~-~°
Prepared bv: Michael A. Koch. Public Works Director Address: 5D W 9~"' Street. Dubuque IA 52001-4854
RESOLUTION N0.18 - 02
RESOLUTION APPROVING THE FIRST AMENDMENT TO LEASE AND
AGREEMENT BETWEEN DUBUQUE TWINE COMPANY AND THE CITY OF
DUBUQUE DATED APRIL 10, 1979
Whereas, Dubuque Twine Company entered irrto a certain Lease and agreement
with the City of Dubuque (City) dated April 10, 1979; and
Whereas, Dubuque Twine Company assigned the Lease and Agreemen# to
Dodds River Terminals, inc. {Dodds) on June 12, 1995; and
Whereas, Dodds and the City desire to amend Paragraph 4 of the (ease
regarding the use of the City-owned railroad siding currently utilized by Dodds; and
Whereas, Dodds proposes to give up and yield any right to rail access to its
leased property .from the City-owned railroad siding north of Dodds and also proposes
that the City accept and maintain the newly-repaired south railroad siding from the
Dodds rail and dock, to the paint where siding joins the Chicago Central and Pacific
Railroad trades.
NOW, THEREFORE, BE IT RESOLVED BY THE CETY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the First Amendment to Lease and Agreement is hereby
approved and the Mayor is authorized and directed to execute the Firs# Amendment to
Lease Agreement and Agreement attached hereto.
Section 2. That the City reimburse Dodds the sum of $8,464.16 (less Iowa
sales #ax) for its cost. in the repair of the southerly railroad siding.
Section 3. .The City Clerk is hereby authorized and directed to record a
certified copy of this Resolution and the First Amendment to Lease and Agreement in
the offices of the Dubuque .County Recorder.
Passed, approved and adopted this 21st day of January, 2002.
• ~~ ,
Ann E. Michalski, Mayor PraTem
Attest:
r ~,
r
CERTIFICATE OF CITY CLERK
STATE OF IOWA
COUNTY OF DUBUQUE
1, Jeanne F. Schneider, do hereby certify that I am the duly appointed, qualified, and
acting Clerk of the City of Dubuque, Iowa in the County aforesaid, and as such Clerk 1
have in my possession or have access to the n~cords of the proceedings of the City
Council. 1 do further state that the hereto attached Resolution No. 18-0Z is a correct
copy of the original Resolution No. 18-0Z approved and adopted by the City Council o€
the City of Dubuque, Iowa, at a session held by said Council on the 21~ day of January,
2002.
In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque,
Iowa.
Dated at Dubuque, Iowa on this 31~ day of January, 2002.
~~~~~
Jeanne F. Schneider
City Clerk
City of Dubuque, Iowa
(SEAL)
FAX NO. (319) 583-9702 flODDS RIVER TERMINALS, INC. TELEPHONE (319) 583-9703 "~
20 Terminal Street ~ 6 9 9
P,4.8ox 3414 '
. Dubuque, Iowa 52004-3414 •
Date Oanuary 28, 2002.
City of Dubaue - Engineering Dent. ~ ~ •
Citv gall 50 W 13th St.
Dubuque, IA 52001
Terms: Net 10 Days, 1.5%/Mo. Thereafter F.O.B.
DESCRIATION D~2.T. _ Inr... -South Access rai 1 +CPOair project. CHARGES CREDITS BALANCE
-. - - __
<Brandt Construct-ion'Co. $7.Z~Q9 00.00 $7.224.09
River City Stone (cr.= $78.39 f/c & $52.01 in taxes) $1.370.47 $130.40 $1.240.07
' ~.
P ~~r
Current Balance Due: ~`'9~.`/~ $8.464.16
~~ C1TY HALL
i~`IE~CJE 50 West 13th Street ~
,,It~S~:,x, Dubuque) Iowa 5,001-4864 ~-
. ~ 190~5~
1699 1 8,464.16 (:1649)SOUTH ACCESS RAIL REPAIR
PROJECT
1 r f ` _.
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