Dbq Yacht Basin Lease AmendRESOLUTION NO. 154-00
RESOLUTION APPROVING THIRD AMENDMENT TO LEASE AGREEMENT DATED
APRIL 8,1970
Whereas, the Yacht Basin, Inc. has one certain Lease Agreement with the City of Dubuque dated
April 8, 1970, as amended by a First Amendment dated November 3, 1970, and a Second Amendment
dated February 12, 1975; and
Whereas, the Yacht Basin, Inc. and the City wish to clarify the Leased limits of the Lease
Agreement as shown by Lease Area A on the exhibit attached to the Third Amendment to Lease
Agreement.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the Third Amendment to Lease Agreement dated April 18, 1970, be hereby
approved and the Mayor be authorized and directed to execute the Third Amendment to the
Lease Agreement dated April 8, 1970, as amended by a First Amendment dated November 3,
1970, and a Second Amendment dated February 12, 1975.
.
Section 2. That the City Clerk be and is hereby authorized and directed to record a certified
copy of this resolution and Third Amendment to the Lease Agreement dated April 8, 1970, in the
offices of the City Treasurer, Dubuque County Recorder, and Dubuque County Treasurer.
Passed, approved and adopted this
17th
day of
April
,200O.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
.
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THIRD AMENDMENT TO LEASE AGREEMENT DATED APRIL 8. 197Q
This Third Amendmen~ease Agreement dated April 8, 1970, is made and
executed this ¥r4' day of r- , A.D. 2000, between DUBUQUE
YACHT BASIN, INC., a corporation organized and existing under the laws of the State
of Iowa, with its principal place of business in Dubuque, Iowa, hereinafter referred to
as "YACHT BASIN", and the CITY OF DUBUQUE, IOWA, a municipal corporation
organized and existing under the laws of the State of Iowa, through its duly authorized
City Council, hereinafter referred to as "CITY";
WITNESSETH:
WHEREAS, YACHT BASIN and CITY have heretofore entered into one certain
Lease Agreement dated April 8, 1970, as amended by a First Amendment dated
November 3, 1970, and a Second Amendment dated February 12, 1975, whereby
CITY leased to YACHT BASIN certain real estate described in the aforesaid Lease
Agreement dated April 8, 1970; and
.
WHEREAS, CITY and YACHT BASIN wish to clarify the Leased limits of the
Lease Agreement as shown by Lease Area A on the exhibit attached to the Third
Amendment to Lease Agreement.
NOW, THEREFORE, in consideration of One Dollar ($1.00) and other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged,
the aforesaid Lease Agreement between YACHT BASIN and CITY dated April 8, 1970,
as amended by a First Amendment dated November 3, 1970, and a Second
Amendment dated February 12, 1975, is hereby amended to describe the "demised
premises" as follows;
A part of an unplatted slough and parts of Mineral Lots 298 and 299 all in
Section 19, T89N, R3E, 5th P.M. in the City of Dubuque, Dubuque County, Iowa, more
particularly described as follows;
Commencing as a point of reference at the northeast corner of Section 19,
T89N, R3E, 5th P.M., Dubuque County, Iowa;
Thence S 88°37'20"W 654.95 feet along the northerly line of said Section 19
(this is an assumed bearing for this description only);
Thence S 68°05'00"W 1798.85 feet to a point;
.
Thence S 21 °53'20"E 67.53 feet to an existing iron pipe at the northeasterly
corner of Lease Area A, said point being the point of beginning;
Thence S 68°05'00"W 678.00 feet along a line parallel to 16th Street extended;
.
.
.
... .
Thence S 21 °53'OO"E 697.00 feet;
Thence S 53°58'OO"E 1087.30 feet;
Thence N 35°44'05"E 326.95 feet;
Thence N 38°31'OO"W 464.28 feet;
Thence N 51 °29'OO"E 60.12 feet;
Thence N 21 °55'30"W 349.92 feet;
Thence S 68°06'40"W 100.00 feet;
Thence N 21 °53'20"W 631.56 feet to the point of beginning, containing 21.18
acres, more or less, subject to easements of record and not of record,
as shown by Lease Area A on the exhibit attached to the Third Amendment to Lease
Agreement.
IN WITNESS WHEREOF, the parties hereto have caused the due execution of this
Third Amendment to Lease Agreement, in duplicate, as of the day and year first above
written.
CITY OF DUBUQUE, IOWA
Terrance M. Duggan
DUBUQUE YACHT BASIN, INC.
Donald P. Shariley, President
RESOLUTION NO. 155-00
RESOLUTION APPROVING FIRST AMENDMENT TO LEASE AGREEMENT DATED
FEBRUARY 5,1974
Whereas, the Yacht Basin, Inc. has one certain Lease Agreement with the City of Dubuque dated
February 5,1974; and
Whereas, the Yacht Basin and the City wish to clarify the Leased limits of the Lease Agreement
as shown by Lease Area B on the exhibit attached to the First Amendment to Lease Agreement.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the First Amendment to Lease Agreement dated February 5, 1974, be hereby
approved and the Mayor be authorized and directed to execute the First Amendment to the Lease
Agreement dated February 5, 1974.
Section 2. That the City Clerk be and is hereby authorized and directed to record a certified
copy of this resolution and First Amendment to the Lease Agreement dated February 5,1974, in
the offices of the City Treasurer, Dubuque County Recorder, and Dubuque County Treasurer.
Passed, approved and adopted this
17th
day of
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
.
.
.
.
FIRST AMENDMENT TO LEASE AGREEMENT DATED FEBRUARY 5. 1974
This First Amendment t~ Agreement dated February 5, 1974, is made and
executed this .fu day of yo , A.D. 2000, between DUBUQUE
YACHT BASIN, INC., a corporation organized and existing under the laws of the State
of Iowa, with its principal place of business in Dubuque, Iowa, hereinafter referred to
as "YACHT BASIN", and the CITY OF DUBUQUE, IOWA, a municipal corporation
organized and existing under the laws of the State of Iowa, through its duly authorized
City Council, hereinafter referred to as "CITY";
WITNESSETH;
WHEREAS, YACHT BASIN and CITY have heretofore entered into one certain
Lease Agreement dated February 5, 1974, whereby CITY leased to YACHT BASIN
certain real estate described in the aforesaid Lease Agreement dated February 5, 1974;
and
WHEREAS, CITY and YACHT BASIN wish to clarify the Leased limits of the
Lease Agreement as shown by Lease Area B on the exhibit attached to the First
Amendment to Lease Agreement;
NOW, THEREFORE, in consideration of One Dollar ($1.00) and other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged,
the aforesaid Lease Agreement between YACHT BASIN and CITY dated February 5,
1974 is hereby amended to describe the "demised premises" as follows;
A part of an unplatted slough and parts of Mineral Lots 298 and 299 all in
Section 19, T89N, R3E, 5th P.M. in the City of Dubuque, Dubuque County, Iowa, more
particularly described as follows:
Commencing as a point of reference at the northeast corner of Section 19,
T89N, R3E, 5th P.M., Dubuque County, Iowa;
Thence S 88°37'20"W 654.95 feet along the northerly line of said Section 19
(this is an assumed bearing for this description only);
Thence S 68°05'OO"W 1798.85 feet to a point;
Thence S 21 °53'20"E 67.53 feet to an existing iron pipe at the northeasterly
corner of Lease Area A;
Thence S 21 °53'20"E 603.22 feet, said point being the point of beginning;
Thence S 21 °53'20"E 28.34 feet;
.
.
.
Thence N 68°06'40"E 1 00.00 feet;
Thence S 21 °55'30"E 349.92 feet;
Thence S 51 °29'OO"W 60.12 feet;
Thence S 38°31'OO"E 464.28 feet;
Thence S 35°44'05"W 326.95 feet;
Thence S 53°58'OO"E 344.49 feet;
Thence N 36°22'20"E 814.10 feet;
Thence N 13°25'OO"W 360.10 feet;
Thence N 32°52'55"E 107.98 feet;
Thence N 38°24'35"W 684.06 feet;
Thence S 52°55'15"W 287.74 feet;
Thence N 37°04'45"W 44.00 feet;
Thence S 53°06'OO"W 1 00.00 feet;
Thence S 36°52'55"E 44.00 feet;
Thence S 52°58'00"W 359.45 feet to the point of beginning, containing 20.78
acres, more or less, subject to easements of record and not of record,
as shown by Lease Area B as shown on the exhibit attached to the First Amendment
to Lease Agreement.
CITY will perform a one-time dredging of the portion of Lease Area B east of the
dotted line indicating the existing location of the electrical transmission lines running
across said Lease Area and within the demised limits of Lease B, said dredging to occur
upon a timetable to be agreed upon between YACHT BASIN and CITY, but in any event
no later than November 30, 2000. CITY, pursuant to Paragraph 11 of the February 5,
1974 Lease shall at all times during the term of the Lease and any renewal thereof
maintain Schmitt Harbor at a usable depth for such purposes as are permitted by the
Lease, but said maintenance responsibilities shall not include any area east of the
dotted line indicating the existing location of the electrical transmission lines running
across said Lease Area, all as shown on the attached YACHT BASIN Lease Exhibit B.
CITY will maintain the spit located immediately north of Lease Area B and south
of the Schmitt Harbor Boat Ramp and also agrees not to remove it during the term of
the Yacht Basin lease.
IN WITNESS WHEREOF, the parties hereto have caused the due execution of this
First Amendment to Lease, in duplicate, as of the day and year first above written.
CITY OF DUBUQUE, IOWA
DUBUQUE YACHT BASIN, INC.
Terrance M. Duggan, Mayor
Donald P. Shanley, President
RESOLUTION NO. 156-00
RESOLUTION APPROVING FIRST AMENDMENT TO LEASE AGREEMENT DATED
NOVEMBER 23,1987
Whereas, the Yacht Basin, Inc. has one certain Lease Agreement with the City of Dubuque dated
November 23,1987, as amended by a First Amendment dated December 21,1987, and a Second
Amendment dated January 19, 1988; and
Whereas, the Yacht Basin, Inc, and the City wish to clarify the Leased limits of the Lease
Agreement as shown by Lease Area C on the exhibit attached to the Third Amendment to Lease
Agreement.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE,
IOWA:
Section 1. That the Third Amendment to Lease Agreement dated November 23, 1987, be
hereby approved and the Mayor be authorized and directed to execute the Third Amendment to
the Lease Agreement dated November 23, 1987, as amended by a First Amendment dated
December 21, 1987, and a Second Amendment dated January 19, 1988.
.
Section 2. That the City Clerk be and is hereby authorized and directed to record a certified
copy of this resolution and Third Amendment to the Lease Agreement dated November 23, 1987,
in the offices of the City Treasurer, Dubuque County Recorder, and Dubuque County Treasurer,
Passed, approved and adopted this
17th
day of Apri 1
,2000.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
.
. .
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CERTIFICATE OF CITY CLERK
STATE OF IOWA
COUNTY OF DUBUQUE
I, Jeanne F. Schneider, do hereby certify that I am the duly appointed,
qualified, and acting Clerk of the City of Dubuque, Iowa in the County
aforesaid, and as such Clerk I have in my possession or have access to the
records of the proceedings of the City Council. I do further state that the
hereto attached Resolution No 156-00 is a correct copy of the original
Resolution No. 156-00 approved and adopted by the City Council of the City
of Dubuque, Iowa, at a session held by said Council on the 17th day of April,
2000.
I further certify that I was the author of Resolution No. 156-00 which included
an incorrect title which stated that Resolution No. 156-00 was the first
amendment to a lease dated November 23, 1987. The title should have read,
"RESOLUTION APPROVING THIRD AMENDMENT TO LEASE AGREEMENT
DATED NOVEMBER 23, 1987".
In Testimony Whereof, I hereunto set my hand and official seal of the City of
Dubuque, Iowa.
Dated at Dubuque, Iowa this 6th day of June, 2000.
Jeanne F. Schneider, City Clerk
City Clerk
City of Dubuque, Iowa
(SEAL)
THIRD AMENDMENT TO LEASE AGREEMENT DATED NOVEMBER 23. 1987
This Third Amendment to Lease Agreement dated November 23, 1987, is made
and executed this ß:-¡¿ day of ~y , A.D. 2000, between DUBUQUE
YACHT BASIN, INC., a corporation organized and existing under the laws of the State
of Iowa, with its principal place of business in Dubuque, Iowa, hereinafter referred to
as "YACHT BASIN", and the CITY OF DUBUQUE, IOWA, a municipal corporation
organized and existing under the laws of the State of Iowa, through its duly authorized
City Council, hereinafter referred to as "CITY";
WITNESSETH;
WHEREAS, YACHT BASIN and CITY have heretofore entered into one certain
Lease Agreement dated November 23, 1987, as amended by a First Amendment
December 21,1987, and a Second Amendment dated January 19,1988, whereby
CITY leased to YACHT BASIN certain real estate described in the aforesaid Lease
Agreement dated November 23, 1987; and
.
WHEREAS, CITY and YACHT BASIN wish to clarify the Leased limits of the
Lease Agreement as shown on Lease Area C on the exhibit to the Third Amendment
to Lease Agreement;
NOW, THEREFORE, in consideration of One Dollar ($1.00) and other good and
valuable consideration, the receipt and sufficiency of which is hereby acknowledged,
the aforesaid Lease Agreement between YACHT BASIN and CITY dated November 23,
1987 as amended by a First Amendment dated December 21, 1987, and a Second
Amendment dated January 19, 1988, is hereby amended to describe the "demised
premises" as follows:
A part of an unplatted slough and parts of Mineral Lots 298 and 299 all in
Section 19, T89N, R3E, 5th P.M. in the City of Dubuque, Dubuque County, Iowa, more
particularly described as follows;
Commencing as a point of reference at the northeast corner of Section 19,
T89N, R3E, 5th P.M., Dubuque County, Iowa;
Thence S 88°37'20"W 654.95 feet along the northerly line of said Section 19
(this is an assumed bearing for this description only);
Thence S 68°05'00"W 1798.85 feet to a point;
.
Thence S 21 °53'20"E 67.53 feet to an existing iron pipe at the northeasterly
corner of Lease Area A, said point being the point of beginning;
Thence S 21 °53'20"E 603.22 feet;
Thence N 52°58'OO"E 178.79 feet;
Thence N 37°11 '30"W 152.35 feet;
Thence N 30053'00"W 414.70 feet;
Thence S 68°05'OO"W 67.55 feet to the point of beginning, containing 1.55
acres, more or less, subject to easements of record and not of record,
as shown by Lease Area C on the exhibit attached to the Third Amendment to Lease
Agreement.
IN WITNESS WHEREOF, the parties hereto have caused the due execution of this
Third Amendment to Lease Agreement, in duplicate, as of the day and year first above
written.
Terrance M. Duggan, Mayor
Donald P. Shanley, President
DUBUQUE YACHT BASIN, INC.