Dubuque Bruisers Football Team Rescind Lease AgreementMasterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Rescind Lease Agreement between the City of Dubuque and Dominick
Locascio (owner of Dubuque Bruisers football team)
DATE: September 21, 2010
Dubuque
bfrid
Al- AmedcaCity
1111 !
2007
On March 1, 2009, the City approved a lease with Dominick Locascio, owner of the
Dubuque Bruisers football team, for a 25 -year lease of property in Roosevelt Park. The
lease had a closing date of October 15, 2010, that contained five requirements that
needed to be met by the closing date.
Dominick Locascio has indicated that he was not able to meet the terms by the
October 15, 2010 closing date.
Leisure Services Manager Marie Ware recommends City Council approval of an
Agreement for Voluntary Termination of Lease with Dominick Locascio.
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
Marie L. Ware, Leisure Services Manager
Mi ael C. Van Milligen
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager s ��� j�
FROM: Marie L. Ware, Leisure Services Manager iJJ -
SUBJECT: Rescind Lease Agreement between the City of Dubuque and Dominick
Locascio (owner of Dubuque Bruisers football team)
DATE: September 17, 2010
Dubuque
AIMmedca City
'
2007
INTRODUCTION
The purpose of this memorandum is to request the termination of the lease agreement
between the City of Dubuque and Dominick Locascio whom is the owner of Dubuque
Bruisers football team.
BACKGROUND
The Dubuque Bruisers football team, a semi -pro team began playing in 2009. Dominick
Locascio approached the City looking for help locating a home field. The City approved
a lease with Dominick March 1, 2009. The lease of property within Roosevelt Park was
for a term of 25 years. The lease had closing date of October 15, 2010 that contained
five requirements that needed to be met by the closing date.
DISCUSSION
I met with Dominick Locascio and we discussed the lease and the requirements as of
the closing date of October 15, 2010. He received a construction estimate that far
exceeded his original plans. He shared his fundraising efforts had been not been
successful. He found that the community was supportive of football but not the concept
stand alone facility just for the Bruisers.
We both agreed his lease would no longer be applicable since he would not be able to
meet the terms. Dominick wants to have the opportunity to create a new partnership in
the future. He is now talking with other partners about this project. In the meantime,
Leisure Services has arranged for the team to practice at Veterans' Park several times
a week so they have lights for practices.
The City Attorney's office prepared an Agreement for Voluntary Termination of Lease.
Dominick has signed this agreement.
RECOMMENDATION AND ACTION REQUESTED
I recommend and respectfully request approval of the Agreement for Voluntary
Termination of Lease between the City of Dubuque and Dominick Locascio.
MLW
AGREEMENT FOR VOLUNTARY TERMINATION OF LEASE
Whereas, the undersigned previously entered into a certain Lease Agreement
dated March 1, 2010 (Lease) for the lease of premises legally described as:
; and
Lot 1 of the West One Half of the Northeast Quarter of Section 4,
Township 88 North, Range 2 East of the 5th P.M., Dubuque County, Iowa
Whereas, the Lease contained several mutual promises and conditions; and
Whereas, Dominick Locascio, Lessee under the Lease, acknowledges that he is
unable to meet the conditions required of Lessee by the Lease.
NOW THEREFORE, in consideration of the mutual releases contained herein,
the parties agree as follows:
1. The Lease between the City of Dubuque, Iowa, as Lessor, and Dominick
Locascio, as Lessee, dated March 1, 2010 for the real property referred to above
is hereby terminated.
Attest:
2. The City of Dubuque, Iowa, and Dominick Locascio hereby release one another
from any further obligations under the Lease.
3. This Agreement for Voluntary Termination is subject to the approval of the City
Council of the City of Dubuque.
Dated this Se e day of
LESSOR:
•
CITY OF DUBUQUE, IOWA DOMINICK LOCASCIO
By: Wail4c,
Jeanne F. Schneider, CMC, City Clerk
091310jao
, 2010.
LESSEE:
By: