Historical Soc Lease 1st Amend_Ice Harbor Property 2002MEMORANDUM
June 12, 2002
TO:
FROM:
SUBJECT:
The 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.
Administrative Services Manager Pauline Joyce is recommending approval of the lease
amendment.
I concur with the recommendation and respectfully request Mayor and City Council
Michael C. Van Milligen
MCVM/ksf
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Mike Koch, Public Works Director
Pauline Joyce, Administrative Services Manager
Jerry Enzler, Dubuque County Historical Society
RESOLUTION NO. 310-02
RESOLUTION DISPOSING. 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 Histodcel
Society (DCHS) entered into a Lease Agreement (Lease) on June 5, 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 attached hereto; and
WHEREAS, on June 17, 2002, the City Council pursuant to notice published as
required by law held a public hearing on its intent to dispose of the foregoing interest in
real property and overruled all objections thereto;
AND WHEREAS, the City Council finds that it is in the best interest of the City to
approve the disposition of such real property.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. The City Council of the City of Dubuque, Iowa, approves the First
Amendment to Lease Agreement attached hereto and the Mayor is hereby authorized
and directed to sign this Resolution and the First Amendment to Lease Agreement.
Passed, approved and adopted this 17th day of June, 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider, City Clerk
MEMORANDUM
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. 81ack. 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 "temporal" site dudng wetland construction. This new
"permanent" location is at the west end of the ce 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 spdng.
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 dudng the construction phase of the wetland.
Three possible locations have been identified for alternate site(s) for visiting boat docks,
including two inside the harbor and one just nor[h 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 eastedy 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.
CC:
Barry Lindahl, Corporation Counsel
Cindy Steinhauser. Assistant City Manager
Mike Koch, Public Works Director
Jerry Enzler, D?buque 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
~n the Lease.
NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES
AS FOLLOWS:
1. Exhibit A to the Lease ~s 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, Mayer
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
FI RST 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 5. 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
RESOLUTION NO. -02
RESOLUTION DISPOSING 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 5, 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 attached hereto; and
WHEREAS, on June 17, 2002, the City Council pursuant to notice published as
required by law held a public hearing on its intent to dispose of the foregoing interest in
real property and overruled all objections thereto;
AND WHEREAS, the City Council finds that it is in the best interest of the City to
approve the disposition of such real property.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. The City Council of the City of Dubuque, Iowa, approves the First
Amendment to Lease Agreement attached hereto and the Mayor is hereby authorized
and directed to sign this Resolution and the First Amendment to Lease Agreement.
Passed, approved and adopted this 17th day of June, 2002.
Terrance M. Duggan, Mayor
Attest: Jeanne F. Schneider
MEMORANDUM
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 Ica 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 spdng.
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 headng on June 17, 2002 the First
Amendment to the Lease Agreement between the City of Dubuque and Dubuque
County Historical Society.
CC'
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 BETWEEN 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 wi//be available at the City Council Meeting, June 10, 2002.
PREPARED BY: IIW ENGINEERS AND SURVEYORS, P.C. 4155 PENNSYLVANIA AVE., DUBUOUE, IOWA 319-556-24~4~
MISSISSIPPI RIVER DISCOVER CENTER
LEASE BOUNDARY
LEGAL DESCRIPTION
Commencing at the northeasterly comer of Lot 4 of Ice Harbor Development in the City of
Dubuque, Iowa, said point being the point of beginning;
Thence South 58 degrees 59 minutes 05 seconds East, 24.18 feet to a point;
Thence South 31 degrees 01 minutes 22 seconds West, 251.98 feet to a point;
Thence South 83 degrees 45 minutes 38 seconds West, 133.50 feet to a point;
Thence South 31 degrees 01 minutes 22 seconds West, 200.00 feet to a point;
Thence North 58 degrees 58 minutes 38 seconds West, 67.28 feet to a point;
Thence South 15 degrees 29 minutes 12 second East, 146.70 feet to a point;
Thence South 74 degrees 20 minutes 40 seconds West, 121.00 feet to a point;
Thence North 39 degrees 07 minutes 47 seconds West, 82.79 feet to a point on a curve;
Thence North 11 degrees 05 minutes 10 seconds West, 261.88 feet along the chord of a 684.88
foot radius curve concave northeasterly to a point on the curve;
Thence South 88 degrees 19 minutes 44 seconds West, 16.57 feet to a point;
Thence North 06 degrees 46 minutes 12 seconds East, 284.89 feet to a point;
Thence North 07 degrees 17 minutes 33 seconds East, 176.85 feet to a point;
Thence South 83 degrees 09 minutes 25 seconds East, 56.83 feet to a point;
Thence North 06 degrees 50 minutes 35 seconds East, 12.67 feet to a point;
Thence South 83 degrees 09 minutes 25 seconds East, 126.52 feet to a point;
Thence South 58 degrees. 59 minutes 05 seconds East, 5.30 feet to the northwesterly comer of Lot
Thence North 85 degrees 37 minutes 10 seconds West, 23.56 feet to a point of curvature;
Thence South 50 degrees 48 minutes 30 seconds West, 20.68 feet along the chord ora 15.00 foot
radius curve concave southeasterly to a point of tangency;
Thence South 07 degrees 14 minutes 05 seconds West, 25.28 feet to a point of curvature;
Thence South 25 degrees 55 minutes 20 seconds East, 32.82 feet along the chord of a 30.00 foot
radius curve concave northeasterly to a point of tangency;
Thence South 59 degrees 04 minutes 45 seconds East, 54.03 feet to a point;
Thence North 29 degrees 58 minutes 30 seconds East, 8.47 feet to a point;
Thence South 58 degrees 59 minutes 40 seconds East, 340.35 feet to a point;
Thence North 30 degrees 59 minutes 00 seconds East, 25.38 feet to a point;
Thence South 59 degrees 01 minutes 00 seconds East, 10.36 feet to a point;
Thence North 30 degrees 59 minutes 00 seconds East, 37.06 feet to the point of beginning
containing 5.79 acres more or less.
Above desczibed lease boundary is as shown on Lease Exhibit "A".
16.57'
MISSISSIPPI RIVER
DISCOVERY CENTER
DUBUQUE., iOWA
LEASE EXHIBIT "A"
P:\97\045-08\97045-08\dwg\LEASE.dwg, 06/10/2002 04:14:08 PM
'£
PREPARED BY: IIW ENGINEERS & SURVEYORS P.O,
4155 PENNSYLVANIA AVE,
W
DUBUQUE, IOWA,
319.556.2~64
SBS"45'58"W
R=684,88
L=255.50
Chord Direc(ion = N11'05'10"W
;hord L =261.88
133.50'
MISSISSIPPI RIVER
DISCOVERY CENTER
DUBUQUE, IOWA
LEASE EXHIBIT 'A"
0 1 00 200
SCALE: 1"=100'
~IIW ENGINEERS &
SURVEYORS, P.C.
Iowa, Illinois. Wisconsin
· 155 Penns.vivan[o Ave.
Dubuque, IA 52002
Guttenberg, IA Hazel Green, WI
DRAWN TJO/SMK PLAT NO. 53--1A-02
CHECKED TJO PROd. N0.97045--08
DATE 6--10-02 SHEET 1 of 1
P~9704.5-08 DWG%LEASE.DWG