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