J D Communications Inc. Lease Assignment 2010Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Lease Between the City of Dubuque and J. D. Communications, Inc.
DATE: August 31, 2010
J. D. Communications, Inc. leases property from the City of Dubuque in the Historic
Federal Building. This lease does not expire until February 28, 2014, however, J. D.
Communications, Inc. is selling its business.
City Attorney Barry Lindahl recommends City Council approval of an Assignment of the
lease to G.A. Publishing, Inc.
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
Michael C. Van Milligen
Dubuque
AN- Aneica City
'
2007
THE CITY OF
To:
DUBtJE MEMORANDUM
Masterpiece on the M. issippi
BARRY LIND � All
CITY ATTORN Y
Michae C. Van Milligen
City Manager
DATE: August 25, 2010
RE: Lease Between the City of Dubuque and J. D. Communications, Inc.
J. D. Communications, Inc. leases property from the City in the Historic Federal
Building. The lease does not expire until February 28, 2014. However, J. D.
Communications, Inc. is selling its business.
Attorney John O'Connor, on behalf of J. D. Communications, Inc., has requested that
the City consent to an assignment of the lease to G.A. Publishing, Inc. pursuant to the
accompanying Assignment of Lease.
I recommend that the Assignment of Lease be submitted to the City Council for
consideration and approval.
BAL:tls
Attachment
cc: Dave Heiar, Economic Development Director
John O'Connor, Esq.
F: \ USERS \tste ckle \Li n d a h I\ Memos \M V M_J DCo m m u n icat i o nsAss ig n m e ntOfLe a se_082510. d o c
OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001 -6944
TELEPHONE (563) 583 -4113 / FAX (563) 583 -1040 / EMAIL balesq @cityofdubuque.org
August 19, 2010
Mr. Barry Lindahl
City of Dubuque
Harbor View Place
300 Main Street, Suite 330
Dubuque, IA 52001
RE: J. D. Communications, Inc. Lease with the City of Dubuque
Dear Barry:
Enclosed please find two executed copies of the Assignment of Lease from J. D. Communications, Inc. to
G.A. Publishing, Inc. We understand this Assignment of Lease needs Council approval. We would request
that you put this on the Council's Agenda and obtain the necessary approval. Once approved, please have
Mike execute both copies and return them to my attention.
If you should have any questions, please feel free to contact us.
Very truly yours,
O' z ' OR & THOMAS P.C.
E. Marshall Thomas, 1907 -1989
. O'Connor, J.D., CPA
JCO:cck
Enc.
cc: Mrs. Jane Rusk
Mr. Bradley Kane
Roshek Building
JOHN C. O'CONNOR
BRENDAN T. QUANN
A. JOHN ARENZ t$
John C. O'Connor I ext. 234 1 ice* @law•com
700 Locust Street, Suite 200
CHAD C. LEITCH
RICHARD K. WHrrrr
STEPHEN C. KRUMPE * t
O'CONNOR
THOMAS,P.c.
ATTORNEYS AT LAW
6t 184o
www.octhomaslaw.com
u.octhomaslain.cotn
1 Dubuque, Iowa 52001 1 Phone 563.557.8400 I Fax 563.556.1867
JAMES E. GOODMAN, JR. *
DAVIN C. CURTISS * t
PAULJ. SIGWARTH t
Francis J. O'Connor, 1916 -1990
PETER D. ARLING * §t
JOSHUA P. WEIDEMANN
CHRISTOPHER C. FRY
GREG A. REHMKE
WHITNEY R. JACQUE
STEPHANIE R. FUEGER
All attorneys licensed in Iowa I * Also licensed in Illinois I t Also licensed in Wisconsin I § Also licensed in Minnesota
$ Certified in Civil Trial Advocacy by National Board of Trial Advocacy I i Also licensed in U.S. Tax Court
J. D. Communications, Inc. ( "Assignor" and "Tenant ") hereby assigns all of its right, title and
interest in and to a Lease with the City of Dubuque dated February 17, 2009 ( "Lease "), for Rooms
233, 233A and 234 located in the Dubuque Federal Building located at 350 W. 6th Street in the City
of Dubuque, Iowa, to G.A. Publishing, Inc. ( "Assignee "). Assignor hereby agrees to assume all
obligations under said Lease accruing prior to August 19, 2010 and agrees to indemnify Assignee
for failure to do so.
J. D. COMMUNIIC IONS, INC.
By:
0111
J.� Rusk, tecr ary
By:
Assignee acknowledges having received and read the Lease and hereby accepts the foregoing
Assignment of Assignor and hereby assumes Assignor's and Tenant's obligations under said Lease
accruing on or after August 19, 2010 and agrees to indemnify Assignor for failure to do so.
G.A. PUB. HING, IN
0 1b
( Gi a Siegert, resVent
The City of Dubuque, Landlord under the above - described Lease, hereby agrees to the above
Assignment. The City of Dubuque also acknowledges that J. D. Communications, Inc. is in full
compliance with the terms of the Lease as of August 19, 2010. The City of Dubuque releases J. D.
Communications from all obligations under the Lease as of August 19, 2010 and will be looking
solely to G.A. Publishing, Inc., as Assignee, for compliance with the Lease Terms on or after August
19, 2010.
CITY OF DUBUQUE
By:
chael Van Milligen
ASSIGNMENT OF LEASE
ASSUMPTION
AGREEMENT TO ASSIGNMENT OF LEASE
J. D. Communications, Inc. ( "Assignor" and "Tenant ") hereby assigns all of its right, title and
interest in and to a Lease with the City of Dubuque dated February 17, 2009 ( "Lease "), for Rooms
233, 233A and 234 located in the Dubuque Federal Building located at 350 W. 6th Street in the City
of Dubuque, Iowa, to G.A. Publishing, Inc. ( "Assignee "). Assignor hereby agrees to assume all
obligations under said Lease accruing prior to August 19, 2010 and agrees to indemnify Assignee
for failure to do so.
CA IONS, IN
‘rib
J. D. CO
By:
e Rusk, Sec -etary
Assignee acknowledges having received and read the Lease and hereby accepts the foregoing
Assignment of Assignor and hereby assumes Assignor's and Tenant's obligations under said Lease
accruing on or after August 19, 2010 and agrees to indemnify Assignor for failure to do so.
G.A. PUBLISI -4, IN
a Siegert, Prf dent
CITY OF DUBUQ
By:
Michae Van Milligen
ASSIGNMENT OF LEASE
ASSUMPTION
AGREEMENT TO ASSIGNMENT OF LEASE
The City of Dubuque, Landlord under the above - described Lease, hereby agrees to the above
Assignment. The City of Dubuque also acknowledges that J. D. Communications, Inc. is in full
compliance with the terms of the Lease as of August 19, 2010. The City of Dubuque releases J. D.
Communications from all obligations under the Lease as of August 19, 2010 and will be looking
solely to G.A. Publishing, Inc., as Assignee, for compliance with the Lease Terms on or after August
19, 2010.
Dated: 09/07/10