Historical Soc. Lease 1st AmendMEMORANDUM
June 6, 2002
TO:
FROM:
SUBJECT:
Honorable Mayor and City Council Members
Michael C. Van Milligen, City Manager
First Amendment to the Dubuque County Historical Society Lease of Ice
Harbor Property
The Dubuque County Historical Society has received a Corps of Engineers permit for
construction of the wetland, dredging operations, and construction of floating museum
boat docks and boardwalks attached to the berm and shoreline for museum visitor
access to the wetland and exhibit.
As part of the permitting process, meetings were held with affected property owners to
discuss issues with the proposed location of the William M. Black. A new location was
identified which addressed these issues and a revised exhibit for the Corp permit was
forwarded to the Corps of Engineers. The new location for the William M. Black was the
original location identified as the "temporary" site during wetland construction. This new
"permanent" location is at the west end of the Ice Harbor, approximately in the location
previously shown as visiting boat docks.
Three possible locations have been identified for alternate site(s) for visiting boat docks,
including two inside the harbor and one just north of the Ice Harbor gates and south of
the River's Edge Plaza (see attached map). Further research is needed on all these
options before a final recommendation on the location of the transient boat docks is
brought to the City Council.
In order for the Historical Society to proceed with construction of the wetlands, they
require an amendment to their lease with the City to incorporate the new location for the
William M. Black. The attached map also indicates the new proposed lease line.
The action item is for City Council to set for public hearing on June 17, 2002 the First
Amendment to the Lease Agreement between the City of Dubuque and Dubuque
County Historical Society.
MEMORANDUM
June 6, 2002
TO:
Michael C. Van Milligen, City Manager
FROM: Pauline Joyce, Administrative Services Manager
SUBJECT: Amendment to the Dubuque County Historical Society Lease of Ice Harbor
Property
The purpose of this memorandum is to provide background information regarding a
proposed amendment to the lease between the Dubuque County Historical Society and
the City of Dubuque for property located in the Ice Harbor.
The Dubuque County Historical Society recently received a Corps of Engineers permit
for construction of the wetland, dredging operations, and construction of floating
museum boat docks and boardwalks attached to the berm and shoreline for museum
visitor access to the wetland and exhibit. This permit allows them to initiate construction
of the wetlands this summer and allows the City to proceed with plans for construction
of the road and walkway around the west end of the Ice Harbor this fall, with paving in
the spring.
As part of the Corps of Engineers permitting process, meetings were held with
representatives of the Diamond Jo, Newt Marine, the Coast Guard, Dubuque County
Historical Society, and the Corps of Engineers to discuss issues with the proposed
location of the William M. Black. Several locations were tested and resulted in the
identification of a new location. This location is on the west end of the harbor, in the
area previously designated for transient boat docks, A revised exhibit was prepared by
the Dubuque County Historical Society and forwarded to the Corp as a revised permit
exhibit. The new location for the William M. Black was the original location identified as
the "temporary" boat site to be used during the construction phase of the wetland.
Three possible locations have been identified for altemate site(s) for visiting bOat docks,
including two inside the harbor and one just north of the Ice Harbor gates and south of
the River's Edge Plaza (see attached map). Further research is needed on all these
options before a final recommendation on the location of the transient boat docks is
brought to the City Council and then submitted to the Corps of Engineers for a permit.
The Visiting Boat Docks are a component of the Vision Iowa Grant program. Any
change in plans regarding the location and number of slips will be shared with the
Vision Iowa Board for informational purposes.
In order for the Historical Society to proceed with construction of the wetlands, they
require an amendment to their lease with the City to incorporate the new location for the
William M. Black. The attached map indicates the new proposed lease line, which
extends south along the easterly edge of the planned boat site. The southerly lease line
allows sufficient space for piping that extends beyond the stem of the William M. Black.
The action item is for City Council to set for public hearing on June 17, 2002 the First
Amendment to the Lease Agreement between the City of Dubuque and Dubuque
County Historical Society.
Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Mike Koch, Public Works Director
Jerry Enzler, Dubuque County Historical Society
FIRST AMENDMENT
TO LEASE AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
DUBUQUE COUNTY HISTORICAL SOCIETY
This First Amendment to Lease Agreement between the City of Dubuque,
Iowa and Dubuque County Historical Society is made as of this __ day of June,
2002.
WHEREAS, the City of Dubuque, Iowa (Lessor) and Dubuque County
Historical Society (Lessee) entered into a Lease Agreement (Lease) on June 5,
2000 for certain real property (Demised Premises) described in Exhibit A thereto;
and
WHEREAS, Lessor and Lessee desire to change the Demised Premises
in the Lease.
NOW, THEREFORE, IT IS AGREED BY AND BETVVEEN THE PARTIES
AS FOLLOWS:
1. Exhibit A to the Lease is hereby deleted and the attached Exhibit A
substituted in lieu thereof.
2. All other terms and conditions of the Lease shall remain in full force and
effect.
LESSOR:
CITY OF DUBUQUE, IOWA
By:
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
LESSEE:
DUBUQUE COUNTY HISTORICAL SOCIETY
By:
Attest:
EXHIBIT A
LEGAL DESCRIPTION OF DEMISED PREMISES
This information will be available at the City Council Meeting, June 10, 2002.
RESOLUTION NO. - 02
RESOLUTION OF INTENT TO DISPOSE OF AN INTEREST IN REAL PROPERTY BY
FIRST AMENDMENT TO LEASE WITH THE DUBUQUE COUNTY HISTORICAL
SOCIETY
WHEREAS, the City of Dubuque, Iowa (City) and Dubuque County Historical
Society (DCHS) entered into a Lease Agreement (Lease) on June 6, 2000 for certain
real property (Demised Premises) described in Exhibit A thereto; and
WHEREAS, City and DCHS desire to change the Demised Premises in the
Lease as set forth in the First Amendment to Lease Agreement.
AND WHEREAS, the City Council has tentatively determined that it would be in the
best interests of the City to approve the First Amendment to the Lease Agreement with
DCHS.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. The City of Dubuque intends to dispose of its interest in the real property
described in the First Amendment to Lease Agreement between City and DCHS.
Section 2. The City Clerk is hereby authorized and directed to cause this
Resolution and a notice to be published as prescribed by Iowa Code Section 364.7 of a
public hearing on the City's intent to dispose of the real property described in the First
Amendment to Lease Agreement, to be held on the day of ,2002, at 6:30
o'clock p.m. at the public library auditorium, 11th & Locust, Dubuque, Iowa.
Passed, approved and adopted this day of June, 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk