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Star Brewery Lease Agree with Historic Star Redevelopment Dii~~E ~ck~ MEMORANDUM March 2, 2005 ,....~1 TO: The Honorable Mayor and City Council Members . I FROM: Michael C. Van Milligen, City Manager SUBJECT: Second Amendment to Lease Agreement with Historical Star Redevelopment L.L.C. for the Star Brewery Building On March 16,2004, the City Council entered into a one-year Lease Agreement with Historical Star Redevelopment L.L.C. (a limited liability company of The Alexander Company) to complete Phase 1 rehabilitation of the Star Brewery building. The preliminary construction work, including environmental remediation, gutting the interior, complete tuckpointing of the exterior, interior sandblasting, removal of the red tin addition, structural repairs and new roof, has been completed. City funds expended to date have been completely committed to necessary building restoration. Acting Economic Development Director Pam Myhre recommends City Council approval of a second amendment to the Lease Agreement with Historical Star Redevelopment to extend the original lease for a five month period. The proposed lease amendment extends the lease for five (5) months with the understanding that the City would begin a process to issue a new Request for Proposals after 60 days should the developer not perform in securing tenants and finalizing the Development Agreement and long term lease. I concur with the recommendation and respectfully request Mayor and City Council approval. : (e [ /llte ~'1)L ~... Mich'ael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Pamela Myhre, Acting Economic Development Director CITY OF DUBUQUE, IOWA MEMORANDUM March 1, 2005 TO: Michael Van Milligen, City Manager FROM: Pamela Myhre, Acting Economic D SUBJECT: Second Amendment to Lease Agreement with Historical Star Redevelopment L.L.C. for the Star Brewery Building INTRODUCTION This memorandum presents for City Council review and approval a Resolution authorizing a second amendment to the Lease Agreement with Historical Star Redevelopment L.L.C. to extend the original lease for a five (5) month period. DISCUSSION On March 16, 2004, the City Council entered into a one-year Lease Agreement with Historical Star Redevelopment L.L.C. (a limited liability company of The Alexander Company) to complete Phase 1 rehabilitation of the Star Brewery building. The preliminary construction work, including environmental remediation, gutting the interior, complete tuckpointing of the exterior, interior sandblasting, removal of the red tin addition, structural repairs and new roof, has been completed. City funds expended to date have been completely committed to necessary building restoration. The developer and City have been working on a Development Agreement and long term lease for the property; however, the project is contingent on the developer securing tenants for the property. Both the developer and their local leasing agent, Prudential Friedman Realty, have not been able to finalize negotiations with any tenant although there have been several parties interested in taking a substantial portion of the leaseable area for restaurant/pub operations. The proposed lease amendment extends the lease for five (5) months with the understanding that the City would begin a process to issue a new Request for Proposals during that time should the developer not perform in securing tenants and finalizing the Development Agreement and long term lease. The Alexander Company has asked that the City not proceed with a new Request for Proposals during the first 60 days of the extended lease period. RECOMMENDATION I recommend the City Council approve the second amendment to the Lease Agreement between the City of Dubuque and Historical Star Redevelopment L.L.C. to allow additional time for the developer to secure tenants for the project. I would also suggest that the City allow a 60-day period before initiating the solicitation of another developer/tenant for the project. ACTION STEP The action step for the City Council is to adopt the attached Resolution. attachments F:\USERS'I'myhre\WPDOCS\LOANDOClAlexander\2ndamendment.mem.doc RESOLUTION NO. 70-05 AUTHORIZING THE EXECUTION OF A SECOND AMENDMENT TO LEASE AGREEMENT WITH HISTORICAL STAR REDEVELOPMENT L.L.C. FOR THE STAR BREWERY BUILDING Whereas, the City Council of the City of Dubuque, Iowa, after public hearing, duly entered into a one-year Lease Agreement with Historical Star Redevelopment L.L.C. (Developer) for the Star Brewery Building; and Whereas, the Lease Agreement provides that the term of the Lease Agreement is for twelve (12) months or such longer or shorter term as the parties may agree in writing; and Whereas, the parties desire to extend the original term of the Lease Agreement for an additional period of five (5) months; and Whereas, a Second Amendment to Lease Agreement, hereto attached and by this reference made a part hereof, sets forth the terms and conditions of the Lease extension. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Second Amendment to Lease Agreement by and between the City of Dubuque and Historical Star Redevelopment L.L.C., attached hereto, is hereby approved. Section 2. That the Mayor and City Clerk are hereby authorized and directed to execute, on behalf10f the City of Dubuque, Iowa, the Second Amendment to Lease Agreement. Passed, approved and adopted this 7th day of March 2005. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider City Clerk F:\USERS\Pmyhre\WPDOCS\LOANDOC\Alexander\2ndamendment.res.doc SECOND AMENDMENT TO LEASE AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND HISTORICAL STAR REDEVELOPMENT L.L.C. THIS SECOND AMENDMENT TO LEASE AGREEMENT (Second Amendment) dated for reference purposes this _ day of , 2005, by and between the CITY OF DUBUQUE, IOWA (Lessor) and HISTORICAL STAR REDEVELOPMENT L.L.C. (Lessee). WHEREAS, Lessor and Lessee are parties to a Lease Agreement dated March 16, 2004 for the lease, redevelopment and use of certain real property located in the City of Dubuque, County of Dubuque, State of Iowa, namely, the Star Brewery Building (the "Property") which is more fully described as: Lot 2 of Riverwalk 5th Addition in the City of Dubuque; and WHEREAS, the term of the Lease Agreement is for twelve (12) months or such longer or shorter term as the parties may agree in writing; and WHEREAS, the parties desire to extend the original term of the Lease Agreement for an additional period of five (5) months. NOW, THEREFORE, in consideration of the Lease Agreement, the foregoing recitals, the mutual covenants, terms and conditions hereinafter set forth and other valuable consideration, the receipt and sufficiency of which hereby are acknowledged, the Lessor and Lessee do hereby agree to modify, amend and supplement the Lease Agreement, as follows: 1. The term of the Lease Agreement is hereby extended to and including the 16th day of August 2005. 2. The parties hereby ratify and reaffirm all terms and conditions of the Lease Agreement which are not expressly modified, amended or supplemented herein and acknowledge and agree that the Lease Agreement, as modified, amended and supplemented hereby, shall be and hereby is reinstated and shall continue in full force and effect for the duration and the extent therein provided. IN WITNESS WHEREOF, the parties have caused this Second Amendment to Lease Agreement to be executed by their respective duly authorized officers or representatives as of the date and year first above writte n. CITY OF DUBUQUE, IOWA HISTORICAL STAR REDEVELOPMENT L.L.C. by: Terrance M. Duggan, Mayor by: Randall P. Alexander, Managing Member Attest: Jeanne F. Schneider, City Clerk