Spirit of Dbq Lease AmendmentMEMORANDUM
December 8, 2003
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council Members
Michael C. Van Milligen, City Manager
Spirit of Dubuque (Dubuque River Rides, Inc.) Lease Amendment
Corporation Counsel Barry Lindahl is recommending approval of an amendment to the
Dubuque River Rides, Inc. Lease.
Dubuque River Rides, Inc. leases approximately 340 feet of water frontage in the Ice
Harbor from the City. The current lease limits the use of the premises to providing
riverboat rides, serving meals and/or beverages (catering) on riverboats, and offices
and training. Walt and Nancy Webster have requested that the lease be amended to
allow for a restaurant with bar and a gift shop on a new barge they have brought into the
Ice Harbor. The Amendment to the Lease Agreement allows them to conduct those
new uses.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
M~chael C Van Milligen " >
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Barry A. Lindahl, Esq.
Corporation Counsel
Suite 330. kqarbor View Place
300 Main Street
Dubuque. Iowa 52001-6944
~563~ 583-4113 office
t563) 583-1040 fax
balesq@cityofdubuque.org
December 4, 2003
Mr. Michael C. Van Milligen, City Manager
City Hall - City Manager's Office
50 West 13th Street
Dubuque, IA 52001
RE: Spirit of Dubuque (Dubuque River Rides, Inc.) Lease Amendment
Dear Mike:
The City has been negotiating a lease amendment with Walt and Nancy Webster,
representing Dubuque River Rides, Inc., the company that owns the Spirit of Dubuque.
The discussions have recently concluded in an agreement resulting in the attached
Amendment to Lease Agreement.
Dubuque River Rides, Inc. leases approximately 340 feet of water frontage in the Ice
Harbor from the City. The current lease limits the use of the premises to providing
riverboat rides, serving meals and/or beverages (catering) on riverboats, and offices
and training. The Websters have requested that the lease be amended to allow for a
restaurant with bar and a gift shop on a new barge they have brought into the Ice
Harbor. The Amendment to Lease Agreement allows them to conduct those new uses.
Dubuque River Rides, Inc. also agrees, as a part of the amendment, that it will not
object to the construction of the proposed transient boat docks in the Ice Harbor.
The attached aedal photographs show the current location of Dubuque River Rides
Barges (Phase II Plan) and a proposed plan for a relocation of the barges (Phase III
Plan). The restaurant with bar and gift shop will be located on the 96' x 26' barge under
either configuration. The Amendment to the Lease Agreement also provides that the
Websters are limited to either of these two configurations of barges without further
approval from the City.
I recommend that the amendment be submitted to the City Council for its conSideration.
B~rry A. Lindahl, Esq.
Corporation Counsel
BAL:tls
Attachment
Pauline Joyce, Administrative Services Manager
Cindy Steinhauser, Assistant City Manager
Thomas S. Collins Esq.
AMENDMENT
TO
LEASE AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
DUBUQUE RIVER RIDES, INC.
Whereas, on February 4, 1991, the City of Dubuque, Iowa (City} and
Roberts Rivers Rides, Inc. (Roberts) entered into a Lease (the Lease) for
approximately 340 feet of water frontage in the Ice Harbor in the City of Dubuque
iowa; and
Whereas Roberts assigned its interest in the Lease to Dubuque River
Rides, Inc. fka The Spirit of Dubuque, Inc. (Spirit); and
Whereas, City and Spirit now desire to amend the Lease in certain
respects as set forth herein.
NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES
THAT THE LEASE IS AMENDED AS FOLLOWS:
1. ARTICLE V is amended by adding at the end of the Article the
following:
Lessee acknowledges that Lessor intends to make improvements to the
storm sewer shown on Exhibit A attached hereto. Lessee has requested
permission from Lessor and Lessor hereby grants permission to Lessee to
construct a loading platform over or near the storm sewer, subject to Lessor's
approval of plans for the platform, which plans shall be submitted by Lessee to
Lessor in advance of construction of the platform. Lessee agrees that upon
request of Lessor, Lessee shall at its sole cost and at no cost to Lessor, move or
relocate the platform if Lessor determines that such move or relocation is
necessary for any construction, reconstruction, repair or maintenance of the
storm sewer.
2. ARTICLE XVIII is amended to read as follows:
ARTICLE XVlll. Use of Premises. It is understood by Lessee that Lessor
hereby leases said premises for the specific use of said premises to provide for
riverboat ddes, for serving of meals and/or beverages on riverboats, offices and
training, a restaurant with bar on the barge shown on Exhibit A and Exhibit B,
and a gift shop on the barge shown on Exhibit A and Exhibit B.
Lessee has submitted to Lessor a Site Plan (5-30-03 Phase 2), attached
hereto as Exhibit A, that shows Lessee's current location of barges on the
Leased Premises and such Site Plan is approved. Lessee has also submitted a
Site Plan (5-30-03 Phase 3), attached hereto as Exhibit B, that shows Lessee's
proposed alternative location for its barges on the Leased Premises and such
Site Plan is approved. Lessee agrees that it shall not locate its barges in any
locations other than that shown on Exhibit A or Exhibit B without the prior written
approval of Lessor. If Lessee locates its barges as shown on Exhibit B, Lessee
shall at such time as the barges are so located paint the office barge white.
3. ARTICLE XV[ is amended by adding at the end thereof the following:
Lessee acknowledges that Lessor intends to construct in the Ice Harbor
transient boat docks, which construction may require the approval of other
governmental agencies. Lessee agrees that it will not object, directly or indirectly,
to any proposal by Lessor for the construction of transient boat docks so long as
the transient boat docks are not constructed on the shore of the Leased
Premises. If Lessee breaches this prows~on of the Lease, Lessee agrees that
Par. 2 of this Amendment to Lease Agreement shall be automatically null and
void.
4. All other provisions of the Lease shall remain in full force and effect.
Dated this day of ,2003.
CITY OF DUBUQUE, IOWA
By
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
DUBUQUE RIVER RIDES, INC. fka THE SPIRIT OF DUBUQUE, INC.
By
Walt Webster, President
Lessee has submitted to Lessor a Site Plan (5-30-03 Phase 2), attached
hereto as Exhibit A, that shows Lessee's current location of barges on the
Leased Premises and such Site Plan is approved. Lessee has also submitted a
Site Plan (5-30-03 Phase 3), attached hereto as Exhibit B, that shows Lessee's
proposed alternative location for its barges on the Leased Premises and such
Site Plan is approved. Lessee agrees that it shall not locate its barges in any
locations other than that shown on Exhibit A or Exhibit B without the prior written
approval of Lessor. If Lessee locates its barges as shown on Exhibit B, Lessee
shall at such time as the barges are so located paint the office barge white.
3. ARTICLE XVI is amended by adding at the end thereof the following:
Lessee acknowledges that Lessor intends to construct in the Ice Harbor
transient boat docks, which construction may require the approval of other
governmental agencies. Lessee agrees that it will not object, directly or indirectly,
to any proposal by Lessor for the construction of transient boat docks so long as
the transient boat docks are not constructed on the shore of the Leased
Premises. If Lessee breaches this provision of the Lease, Lessee agrees that
Par. 2 of this Amendment to Lease Agreement shall be automatically null and
void.
4. All other provisions of the Lease shall remain in full force and effect.
Dated this 15thday of December , 2003.
CITY OF 3471QUE, IOWA
By
Terra r e M. Duggan, Mayo
Attes#1 ? %'/Zrz71
Jeanne F. Schneider, City Clerk
DUBUQUE RIVER RIDES, INC. fka THE SPIRIT OF DUBUQUE, INC.
By , .-
Nancy V.. Webster, President
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