Loading...
Dubuque by Carriage_Lease Agreement AmendmentMasterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Eighth Amendment to Lease Agreement with Dubuque By Carriage DATE: February 9, 2010 Economic Development Director Dave Heiar recommends City Council approval of the Eighth Amendment to the Lease Agreement with Colleen B. Lindstrom d /b /a Dubuque By Carriage to extend the lease of the former Dock Board building located at the terminus of Commercial Street from May 1, 2010 until April 30, 2012. I concur with the recommendation and respectfully request Mayor and City Council approval. MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager David Heiar, Economic Development Director Michael C. Van Milligen Dubuque kiikid 1 MN 2007 Masterpiece on the Mississippi TO: Michael Van Milligen, City Manager FROM: David Heiar, Economic Development Director DATE: February 4, 2010 SUBJECT: Eighth Amendment to Lease Agreement with Dubuque By Carriage Attachment F: \USERS\Econ Dev\Dubuque By Carriage\Sth Amendment Memo.doc Dubuque kretel Al-America air 1 l 2007 INTRODUCTION This memorandum presents for City Council review and approval an Eighth Amendment to the Lease Agreement with Colleen B. Lindstrom d /b /a Dubuque By Carriage to extend the original lease of the former Dock Board building located at the terminus of Commercial Street for a two -year period. DISCUSSION On April 27, 2001, the City Council entered into a one -year Lease Agreement with Colleen Lindstrom to operate a carriage business (formerly Rustic Hills Carriage Tours) from the former Dock Board building. The business was relocated to the City -owned building due to the purchase and demolition of Fischer Companies property along the riverfront in the Port of Dubuque to accommodate the new Grand Harbor Resort and Waterpark. The City has continued to lease the building to the business on a year -to -year basis. The proposed lease amendment extends the lease for a two -year period, from May 1, 2010 to April 30, 2012. At each renewal, the City evaluates the need to amend the terms and conditions of the lease. The City's plans to complete Shot Tower Drive around the north side of the Star Brewery to the underpass have been delayed and will continue to impact access to the leased premises through this season for the tenant. Therefore, no increase in the rental rate has been proposed. RECOMMENDATION I recommend the City Council approve the Eighth Amendment to the Lease Agreement between the City of Dubuque and Colleen B. Lindstrom d /b /a Dubuque By Carriage for the former Dock Board building in support of a unique tourism - related business operating in the Port of Dubuque and downtown. ACTION STEP The action step for the City Council is to authorize the City Manager to sign the lease amendment. EIGHTH AMENDMENT TO LEASE AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND COLLEEN B. LINDSTROM d /b /a DUBUQUE BY CARRIAGE This Eighth Amendment to Lease Agreement between the City of Dubuque, Iowa (Lessor) and Colleen B. Lindstrom f /k/a Colleen Bradley d /b /a Dubuque By Carriage (Lessee) is made as of the _ day of February, 2010. WHEREAS Lessor and Lessee entered into a Lease Agreement dated April 27, 2001, and subsequent Seventh Amendment to Lease Agreement dated March 2009, which Lease Agreement as amended expires April 30, 2010; and WHEREAS Lessor and Lessee desire to extend the term of the Lease Agreement. NOW, THEREFORE, IT IS AGREED BY AND BETWEEN LESSOR AND LESSEE AS FOLLOWS: 1. The first paragraph of Article 1 of the Lease Agreement is hereby amended to read as follows: In consideration of the rents hereinafter reserved and the terms, covenants, conditions and agreements set forth in this Lease, Lessor hereby leases to Lessee the real property described in Exhibit A attached to and made a part of this Lease, together with any and all easements and appurtenances thereto and subject to any easements that are restrictions of record (the "Demised Premises ") to have and to hold for a term of two years commencing on the 1 day of May, 2010, and terminating at 11:59 p.m. on the 30 day of April, 2012, subject to all of the terms, covenants, conditions and agreements contained herein. 2. All other terms of the Lease Agreement and previous amendments shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this Eighth Amendment to Lease Agreement to be executed as of the day and year first above written. Michael C. Van Milligen City Manager F: \USERS \Econ Dev \Dubuque By Carriage \Lease 8th Amendment.doc LESSEE: LESSOR: CITY OF DUBUQUE, IOWA DUB • UE BY ARRIAGE By B olleen : Lindstrom Owner