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Dubuque County Historical Society Ice Harbor Fifth Amendment to Lease Agreement_Hearing Copyrighted February 4, 2019 City of Dubuque Public Hearings # 1. ITEM TITLE: Dubuque County Historical Society Ice Harbor Fifth Amendment to Lease Agreement SUMMARY: Proof of publication on notice of public hearing to approve the disposal 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), and Senior Counsel recommending approval. RESOLUTION Disposing of an interest in real property by Fifth Amendment to Lease Agreement between the City of Dubuque, lowa and Dubuque County Historical Society SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS: Description Type Staff Memo Staff Memo Resolution Resolutions Fifth Amendment to Lease Agreement Supporting Documentation THE CITY OF Dubuque � ul•A�eric�Ci� UB E ��.�«t:.,: 1 �I f I�' Masterpiece on the ississ2ppi Z°°'�2°lz � zoi3•zoi� BARRY A. LIND SENIOR COUNS L To: Mayor Roy D. Buol and Members of the City Council DATE: January 29, 2019 RE: Fifth Amendment to Lease Agreement between the City of Dubuque and Dubuque County Historical Society Attached is a revised Fifth Amendment to the Lease Agreement between the City and Dubuque County Historical Society. Under the Fifth Amendment as originally drafted, Section 1.2 of the Lease Agreement would include Lot B on Exhibit A "including the Pedestrian Access Easement" shown on Exhibit A. The Pedestrian Access Easement is shown on Exhibit A as Lot D, the 15' foot wide strip along the water. After reviewing the many interrelated lease documents for the Ice Harbor, we have discovered that the Pedestrian Access Easement, Lot D, was already included in the Demised Premises of DCHS as of January 1, 2019, pursuant to the Fourth Amendment adopted September 7, 2010. As a result, Section 2 of the original draft of the Fifth Amendment is not necessary. We have revised the language in Section 1.2 to refer to Lot D, the Pedestrian Access Easement. I recommend that the resolution approving the Fifth Amendment to Lease Agreement be adopted. BAL:tIs Attachment cc: Michael C. Van Milligen, City Manager Bob Schiesl, Assistant City Engineer Steve Brown, Project Manager Kurt Strand, President & CEO, Dubuque County Historical Society � F:\Users\Laserfiche Legal\Dubuque County Historical Society Lease\MayorCouncil_FifthAmendmentToLeaseAgreement_012919.docx RESOLUTION NO. 46-19 DISPOSING OF AN INTEREST IN REAL PROPERTY BY FIFTH AMENDMENT TO LEASE AGREEMENT 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, on February 4, 2019, 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 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 Council of the City of Dubuque, Iowa, approves the Fifth Amendment to Lease Agreement attached hereto and the Mayor is hereby authorized and directed to sign this Resolution and the Fifth Amendment to Lease Agreement. Passed, approved and adopted this 4th day of February 2019. Attest: Kevin S. Firnstahl, CMC, City Clerk This day of Dubuque, Iowa a FIFTH AMENDMENT TO LEASE AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND DUBUQUE COUNTY HISTORICAL SOCIETY ifth Amendment to Lease Agreement, dated for reference purposes the , 2019, is made and entered into by and between the City o Dubuque County Historical Society. WHEREAS, the City of Dubuque, Iowa (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 as Lot D on Exhibit A, ("the Patio") and that part of Lot C highlighted in yellow on Exhibit A. Section 2. All other terms and conditions of the Lease shall remain in full force and effect. 012419ba1 LESSOR: CITY OF DUBUQUE, IOWA By: Attest: Roy LESSEE: DUBUQUE COUNTY HISTORICAL SOCIETY By: uol, Mayor Kurt Strand, President & CEO to. Kevin S irnstahl, City Clerk FAUsers\Laserfiche LegailDubuque County Historical Society Lease\DCHS Fifth Amendment 012419bal.docx 2 EXHIBIT A 3 3RD MEET :1!0;T\\2 (LOT\\ ‘\C\ \)‘'\ \%\\ ICL HARBOR IMO RIVERWAUC PFDESTRAIN WALKWAY LOT A (5.12 ACRE) LOT 8 (0.50 ACRE) LOT 2 (LOT C) LOT 0 (15' WIDE) LOT E (0.66 ACRE) PART OF LOT 2 (LOT C) SUB -SUBLEASE TO DCHS DOCKING BARGE OIL 0 100' 200' SCALE 1' = 200' FEET LIi]`riGQ 400' • STATE OF IOWA DUBUQUE COUNTY CERTIFICATION OF PUBLICATION {SS: I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: January 25, 2019, and for which the charge is $43.78 PI41U/O14•4,1^t..--, Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this "c/ day of ,20/. Notary Pu ic in and for Dubuque kfn y, Iowa. WARY K WESTERMEYER Commission Number 15405 Mi cornrOiSSion Exp. Feb. 1,2020 CITY OF DUBUQUE, ' NO. 3449 dayof f elatuary,, 1)19, IOWA INTENT TO DISPOSE at 600 O'clock p.m. at OFFICIAL NOTICE ;' OF AN INTEREST' IN the Historic Federal PUBLIC NOTICE is REAL PROPERTY BY Building„ ' Council hereby given that the ; FIFTH AMENDMENT Chambers, 350 W. 6th City Council of the City , TO LEASE BETWEEN Street, Dubuque, Iowa. of Dubuque, Iowa, will THE CITY OF Passed, approved and hold a public nearing DUBUQE, IOWA AND „nd(inted this 22nd day on' the 4th day of '1 DUBUQUE c0u,N1ry of January 2019. ' February b19 at 6:00 HISTORICAL SOCIETY • • Roy D. Boo}, Mayor p.m. In the , Historic WHEREAS, the City of Of "Attest: Kevin S. Federal Building, 350 DObuqde,' Iowa (City) Firnstahl, CMC, West 6th Street, sec- and Dubuque County City Clerk ond floor; Dubuque, HiStoribal Society j it 1/25 Iowa, at which meeting;"(PCti$) entered into a the City Council pro- i'E14Sg Agreement notseer es stto' i stphoes ef 09110 wa n (- fcertain on r jruena:2000di;0Peri- i n g described ,ri., real ty (Demised Premises) Amendmentproperty ethesedescribed in Exhibit A attached thereto; and toourbuaqiuseociceety6;nty WHEREAS, city and ic DCHS amended the Located in Lot 3 and Lease by the First, Sec - Lot 6, Ice Harbor Devel- ond, Third, and Fqurth opment (Locally known Amendments to the as 350 E. 3rd Street. Lease AOFeement; and At the meeting, the WHEREAS, City and City Council will re- ,IDCHS desire to further ceive oral arid written amend the Lease as set comments from any forth' in the attached resident or property Fifth Amendment; and owner of said City to WHEREAS, the City the above action. Writ- Coikil,P0',has tentatively ten 'comments regard- determined that It ing the apove:- public would be in the bestin. hearin?, sub- terests of the City to mittbd %6941t4gp r‘:, aPPrOVe ' ' 'tile ' 11, Fifthi Clerk's 0 /,,, Ala, 1 Amendment to-., the i 50 W. 13th StiVe ;•;,on or 1 Lease with DCHS: 1 before said time Of ' 1 NOW, THEREFORE, BE public hearing. ' .„ - , -IT- RESOLVED -'13V THE Copies of suPPortihg CITY COUNCIL OF THE' documents for the pub- CITY OF DUBUQUE; lic hearings are on file IOWA: in the City Clerk's Of- Section 1. The City of' fice, and may be Dubuque intends to viewed during normal , dispose of its interest working hours.' , P in the real property de - Any visually or he'arscribed in the Fifth ing-impaired persons 1 i Amendment to ''Lease needing special assis- 1,3etWeerl , City and and tance or persons with 1 r,„DCHS. - _ 1 special ' accessibility , ,,_ .5ectian 2- The City needs should contact ,,Dierk':1 hereby'obtho. lithe City C erk'S' Office '1 l _rized " and directed to, at (563) 589-4100 or 1 cause this. TT' 563) 690-6678 at ,atia'a notice to beiptiff-1 least 48 hours prior -.to'fished as prescribed by the meeting. Iowa Cod 11§'364.7 of a Dated this 25th day OfPublic he ring on the January 2019. , City's intent to dispose Kevin S. Firnstahl, CMC ' of the rea property de, City Clerk scribed in the' Fifth I, Amendment to Lease, to be held on the 4th