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Dubuque County Historical Society Ice Harbor Fifth Amendment to Lease Agreement_Initiate Copyrighted January 22, 2019 City of Dubuque Items to be set for Public Hearing # 1. ITEM TITLE: Dubuque County Historical Society Ice Harbor Fifth Amendment to Lease Agreement SUMMARY: Senior Counsel recommending that the City Council set a public hearing on February 4, 2019 to consider the intent to dispose of an interest in City-owned real estate by Fifth Amendment to Lease Agreement between the City of Dubuque, lowa and Dubuque County Historical Society (DCHS). RESOLUTION Intent to dispose of an interest in real property by Fifth Amendment to Lease between the City of Dubuque, lowa and Dubuque County Historical Society SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for February 4, 2019 ATTACHMENTS: Description Type Staff Memo Staff Memo Resolution of Intentto Dispose Resolutions Fifth Amendment to Lease Agreement Supporting Documentation THE CITY OF Dubuque � w��e�c�sm UB E ��L�.�. 1IIII•r Masterpiece on the Mis� sippi 2°°'�Z°lz 2013•2017 �G BARRY A. LINDAH S . SENIOR COUNSEL MEMO To: Mayor Roy D. Buol and Members of the City Council DATE: January 16, 2019 RE: Fifth Amendment to Lease Agreement between the City of Dubuque and Dubuque County Historical Society Attached is a Resolution of Intent to Dispose of an Interest in Real Property by Fifth Amendment to Lease Agreement between the City of Dubuque, lowa and Dubuque County Historical Society (DCHS). Commencing on January 1, 2019, the DCHS Demised Premises will also include the real property shown as Lot B on Exhibit A attached to the Fifth Amendment, including the Pedestrian Access Easement shown on Exhibit A, referred to as the Patio, and that part of Lot C highlighted in yellow on Exhibit A. The Patio was formerly leased to Peninsula Gaming but that lease expired December 31, 2018. The Patio is now a part of the DCHS expanded aquarium campus. Additionally, the City grants to the DCHS a license over Lot D shown on Exhibit A, the 15' wide area colored blue, for the purpose of maintaining the fence located on Lot D, which license is revocable by Lessor in Lessor's sole discretion. Lot D was also formerly leased to Peninsula Gaming. Lot D is also now part of the DCHS expanded aquarium campus. I recommend that the Resolution Setting a Public Hearing be approved. BAL:tIs cc: Michael C. Van Milligen, City Manager Kurt Strand, DCHS President & CEO F:\Users\Laserfiche Legal\Dubuque County Historical Society LeaselMayorCouncil_ResolutionlntentToDisposeByFifthAmenement_011619.docx OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA Su�TE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944 TE�EPHONE (563)583-4113/Fa,x (563)583-1040/EMai� balesq@cityofdubuque.org 4C0' ICI HARBOR INN RIVERWALK PEDESTRAIN WALKWAY LOT A (5.12 ACRE) LOT B (0.50 ACRE) LOT 2 (LOT C) LOT D (15 WIDE) LOT E (0.66 ACRE) PART OF LOT 2 (LOT C) SUB -SUBLEASE TO DCHS NM DOCKING BARGE �'OiYt'H 0 100' 200' SCALE V' = 200' FEET RESOLUTION NO. 34-19 INTENT TO DISPOSE OF AN INTEREST IN REAL PROPERTY BY FIFTH AMENDMENT TO LEASE BETWEEN THE CITY OF DUBUQE, IOWA AND 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 attached thereto; and WHEREAS, City and DCHS amended the Lease by the First, Second, Third, and Fourth Amendments to the Lease Agreement; and WHEREAS, City and DCHS desire to further amend the Lease as set forth in the attached Fifth Amendment; and WHEREAS, the City Council has tentatively determined that it would be in the best interests of the City to approve the Fifth Amendment to the Lease 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 Fifth Amendment to Lease 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 § 364.7 of a public hearing on the City's intent to dispose of the real property described in the Fifth Amendment to Lease, to be held on the 4th day of February 2019, at 6:00 o'clock p.m. at the Historic Federal Building, Council Chambers, 350 W. 6th Street, Dubuque, Iowa. Passed, approved, and adopted this 22nd day of January 2019 7//' /9 ,4/1 Roy D. Buol, Mayor Attest: Kevin S. Firnsta I, City Clerk CITY OF DUBUQUE, IOWA OFFICIAL NOTICE PUBLIC NOTICE is hereby given that the City Council of the City of Dubuque, Iowa, will th hold a public hearing on the 4 day of February 2019 at 6:00 p.m. in the Historic Federal Building, 350 West 6th Street, second floor, Dubuque, Iowa, at which meeting the City Council proposes to dispose of an interest in the following described real property by Lease Amendment to the Dubuque County Historical Society: rd Located in Lot 3 and Lot 6, Ice Harbor Development (Locally known as 350 E. 3Street. At the meeting, the City Council will receive oral and written comments from any resident or property owner of said City to the above action. Written comments regarding the above public hearing may be submitted to the City Clerk’s Office, City Hall, 50 W. th 13 Street, on or before said time of public hearing. Copies of supporting documents for the public hearings are on file in the City Clerk’s Office, and may be viewed during normal working hours. Any visually or hearing-impaired persons needing special assistance or persons with special accessibility needs should contact the City Clerk’s Office at (563) 589-4100 or TTY 563) 690-6678 at least 48 hours prior to the meeting. th Dated this 25 day of January 2019. Kevin S. Firnstahl, CMC City Clerk RESOLUTION NO. 34-19 INTENT TO DISPOSE OF AN INTEREST IN REAL PROPERTY BY FIFTH AMENDMENT TO LEASE BETWEEN THE CITY OF DUBUQE, IOWA AND 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 attached thereto; and WHEREAS, City and DCHS amended the Lease by the First, Second, Third, and Fourth Amendments to the Lease Agreement; and WHEREAS, City and DCHS desire to further amend the Lease as set forth in the attached Fifth Amendment; and WHEREAS, the City Council has tentatively determined that it would be in the best interests of the City to approve the Fifth Amendment to the Lease 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 Fifth Amendment to Lease 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 § 364.7 of a public hearing on the City's intent to dispose of the real property described in the Fifth Amendment to Lease, th to be held on the 4 day of February 2019, at 6:00 o'clock p.m. at the Historic Federal th Building, Council Chambers, 350 W. 6 Street, Dubuque, Iowa. nd Passed, approved and adopted this 22 day of January 2019. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, CMC, City Clerk 1t 1/25 ., FIFTH AMENDMENT TO LEASE AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND DUBUQUE COUNTY HISTORICAL SOCIETY This Fifth Amendment to Lease Agreement, dated fior reference purposes the day of , 2019, is made and entered into by and between the City of Dubuque, lowa and Dubuque County Historical Society. WHEREAS, the City of Dubuque, lowa (Lessor) and Dubuque County Historical Society(Lessee) entered into a Lease Agreement (the Lease) on June 5, 2000 for certain real property(Demised Premises), which Lease has been amended by the First, Second, Third, and Fourth Amendments; and WHEREAS, Lessor and Lessee now desire to further amend the Lease as set forth herein. NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS: Section 1. Section 1.2 is amended to read as follows: ARTICLE I DEMISE AND TERM * * � � 1.2 Commencing on January 1, 2019, the Demised Premises shall also include the real property shown as Lot B on Exhibit A, including the Pedestrian Access Easement shown on Exhibit A, ("the Patio") and that part of Lot C highlighted in yellow on Exhibit A. � � � * Section 2. Article I is amended by adding the following: 1.4 Lessor grants to Lessee a license over Lot D shown on Exhibit A for the purpose of maintaining the barrier located on Lot D, which easement is revocable by Lessor in Lessor's sole discretion. Section 3. All other terms and conditions of the Lease shall remain in full force and effect. 122118ba1 LESSOR: LESSEE: CITY OF DUBUQUE, IOWA DUBUQUE COUNTY HISTORICAL SOCIETY By: By: �� Roy D. Buol, Mayor Kurt Strand, President & C Attest: Kevin S. Firnstahl, City Clerk F:\Users\Laserfiche Legal\Dubuque County Historical Society Lease\DCHS Fifth Amendment 12211 bal.docx 2 � EXHIBIT A 3 4C0' ICI HARBOR INN RIVERWALK PEDESTRAIN WALKWAY LOT A (5.12 ACRE) LOT B (0.50 ACRE) LOT 2 (LOT C) LOT D (15 WIDE) LOT E (0.66 ACRE) PART OF LOT 2 (LOT C) SUB -SUBLEASE TO DCHS 11111111 DOCKING BARGE �'OiYt'H 0 100' 200' SCALE V' = 200' FEET