Riverside Bowl Lease Assignment
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RESOLUTION NO. 6001-00
RESOLUTION CONSENTING TO THE ASSIGNMENT OF
LEASES BETWEEN THE CITY OF DUBUQUE AND RIVERSIDE
BOWL, INC. BY RIVERSIDE BOWL, INC. TO BOWLING &
BEYOND DUBUQUE, INC.
WHEREAS, Riverside Bowl, Inc. (Riverside) operates a bowling facility in
Dubuque, Iowa, and Riverside and the City of Dubuque (City) entered into
Leases of property owned by City on May 2, 1958, as amended June 19, 1973,
April 14, 1964, and December 6, 2000 (Leases), copies of which Leases are
attached hereto; and
WHEREAS, Riverside desires to sell its assets and assign its interest in
the Leases to Bowling & Beyond Dubuque, Inc., an Illinois corporation (Bowling),
pursuant to the Assignment of Interests in Leases attached hereto; and
WHEREAS, the Leases are assignable by Riverside with the consent of
City; and
WHEREAS, Bowling desires to assign its interests in the Leases to
American Trust & Savings Bank (A TSB) as security for a loan by A TSB to
Bowling, pursuant to the Assignment of Interests in Leases attached hereto; and
WHEREAS, the City Council has determined that it is in the best interests
of the City to consent to the Assignments.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
1. That the City Council hereby consents on behalf of the City of
Dubuque to the attached Assignment of Interests in Leases by
Riverside Bowl, Inc. to Bowling & Beyond Dubuque, Inc.
2. That the City Council hereby consents on behalf of the City of
Dubuque to the attached Assignment of Interests in Leases by Bowling
to American Trust & Savings Bank.
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Passed, adopted and approved this 18th day of
2000.
Attest:
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eanne F. Schneider, City Clerk
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CITY OF DUBUQUE, IOWA
MEMORANDUM
December 13,2000
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Riverside Bowl, Inc. Lease Assignment
Public Works Director Mike Koch is requesting adoption of the attached resolution approving
the assignment of the four City leases to Bowling and Beyond Dubuque, Incorporated.
I concur with the recommendation and respectfully request Mayor and City Council approval.
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Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Tim Moerman, Assistant City Manager
Michael A. Koch, Public Works Director
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CITY OF DUBUQUE, IOWA
MEMORANDUM
December 12, 2000
TO:
Michael C. Van Milligen, City Manager
Michael A. Koch, Public Works Director~. J{~
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FROM:
SUBJECT: Riverside Bowl, Inc. Lease Assignment
INTRODUCTION
This is in response to a December 8, 2000 request from Tim Martin of
Riverside Bowl, Inc. to assign all their current leases with the City of
Dubuque to Bowling and Beyond Dubuque, Incorporated, an Illinois
corporation.
DISCUSSION
Riverside Bowl, Inc. is in the process of selling its leasehold interests in the
real estate located at 1860 Hawthorne Street (known as Riverside Bowl), the
cocktail lounge and the sand volleyball court, and assets of the seller to
Bowling and Beyond Dubuque, Inc., owned by Mike Schmidt and Jim Jansen
of Chicago, Illinois. The intent of Riverside Bowl, Inc. is to assign its four
leases and to close the sale of the assets located on the property on
December 27, 2000.
Three of the existing leases have an expiration date of May 31, 2008, with
an option to extend the lease for an additional 50 years through May 31,
2058. The fourth lease is a short-term lease executed in three-year
increments, with a current expiration date of June 30, 2002.
All four of the lease agreements have a provision that stipulates that the
leases may be assigned, with all terms and conditions of the leases
remaining in effect with the new purchaser. One of the four leases is
currently assigned to Dubuque Bank & Trust Company; this assignment will
be released by the bank on the date of the closing (December 27, 2000).
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RECOMMENDA TION
I would recommend that the City Council adopt the attached resolution
approving the assignment of the four leases between the City of Dubuque
and Riverside Bowl, Inc. to Bowling and Beyond Dubuque, Incorporated, an
Illinois corporation owned by Mike Schmidt and Jim Jansen of Chicago,
Illinois.
ACTION TO BE TAKEN
The City Council is requested to adopt the attached resolution approving the
assignment of the four City leases to Bowling and Beyond Dubuque,
Incorporated.
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Prepared by: Ron Turner. 50 W. 13th Street. Dubuque. IA 52001-4864. (319) 589-4270
AFFIDA VIT
STATE OF IOWA )
) ss:
DUBUQUE COUNTY )
I, Michael A. Koch, being first duly sworn under oath do depose and
state as follows:
1 . That the City of Dubuque, Iowa, a municipal corporation,
through its Board of Dock Commissioners and City Council,
have executed Lease Agreements with Riverside Bowl, Inc.,
and;
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2.
That the original documents for said Lease Agreements have
been kept in the Engineering Division of the City of Dubuque,
and;
3. That the Lessee is desirous of having the original Lease
Agreements recorded in the office of the Dubuque County
Recorder, and;
4. That the attached documents are the originals of the Lease
Agreements between the City of Dubuque, Iowa, and Riverside
Bowl, Inc.
Dated at Dubuque, Iowa, this 11 th day of December, 2000.
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Mictiael A. Koch
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Subscribed and sworn to before me by Michael A.., Koch this 11 th day
of December, 2000. / / . /,-: /~---"\ .
:'~ 1/ . t".1 Ii / . )
'J, '.~t/'/~l~,
Notary Public In and For
the State of Iowa
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LEASE AGREEMENT
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This Lease Agreement made and entered into this L day of \)l!:U:l1hl , 2000,
by and between the City of Dubuque, Iowa, a municipal corporation of Iowa, hereinafter called
"Lessor", and Riverside Bowl, Inc., an Iowa business corporation, hereinafter called "Lessee".
1 . Lessee hereby leases to Lessee the following described real estate situated in
the City of Dubuque, Dubuque County, Iowa, hereinafter referred to as the "Leased Premises",
upon the terms and con~itions set forth herein, to-wit:
Property identified on attached Exhibit A, dated 3-15-96, as "Riverside Bowl Lease No.
4" at the northwest corner of Hawthorne and Harbor Streets
2. TERM. The term of this Lease shall be from the pt day of July, 1999, until
midnight on the 30th day of June, 2002.
3. RENTAL. Lessee shall pay annually as rental the sum of five thousand two
hundred dollars ($5,200.00), at the Office of the City Treasurer, at the time of the execution
of this Lease Agreement, and on the 1 st day of July in each year of this Lease.
4. TAXES. Lessee agrees to pay all general taxes that may be levied against the
Leased Premises and all general taxes levied or assessed against improvements placed upon
the Leased Premises by or on behalf of the Lessee.
5. FENCE. Lessee shall install at its expense an 8 foot high chain link fence as
shown on Exhibit A. The fence shall be a minimum distance of 10 feet from the landward toe
of the levy.
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6. IMPROVEMENTS. All improvements made by Lessee to the Leased Premises
and all structures situated thereon shall be erected, built and maintained in strict conformity
with all applicable federal, state or municipal statutes, ordinances and regulations. No
structural improvements shall be made without the prior written approval of the Lessor.
Lessee shall keep the Leased Premises and any structures thereon in a neat and orderly
condition at all times and in a condition of repair and shall conform with all federal, state and
municipal regulations in regard to the use of the Leased Premises, and the operation of the
business conducted thereon.
Upon the termination of this Lease for any cause whatsoever, Lessee shall have the
privilege, during the period of thirty (30) days thereafter to remove any and all improvements
made by Lessee to the Leased Premises, provided the same are free of landlord's liens, or
other lien rights in Lessor. In the event of such removal, the Leased Premises shall be restored
to substantially the same condition as it was at the commencement of the initial term of the
Lease. Failure to remove any such improvement, or other property of Lessee within such three
(3) month period shall constitute an abandonment thereof unless the parties hereto otherwise
agree in writing. Lessee shall reimburse Lessor for the actual expense of removing any such
abandoned property. Lessee shall have free access at all times during the aforesaid thirty (30)-
day period to remove from the Leased Premises its improvements.
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7. QUIET ENJOYMENT. Lessor agrees and covenants that Lessee on payment of
the rent and performing the covenants and conditions herein contained, shall and may
peacefully and quietly have, hold and enjoy the Leased Premises for the term hereof.
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8. EASEMENTS. Lessee acknowledges the existence of a 16' wide Corp of
Engineers easement for the City's floodwall protection levy and a 20' wide watermain
easement across the Leased Premises as shown on Exhibit A, and Lessee agrees to allow
access to Lessor for the purposes consistent with these easements.
9. INSURANCE. Lessee shall procure and maintain insurance set forth in the
attached Insurance Schedule.
10. INDEMNITY. Lessee shall indemnify and hold harmless Lessor from and against
all claims, damages, losses and expenses, including attorney fees, arising out of the lease of
the property, provided that such claim, damages loss or expense, is caused in whole or in part
by the negligent act or omission of the Lessee, Lessee's agents, contractors, customers, or
employees.
11. DEFAULT. If Lessee shall make default in the payment of the rental hereunder,
or any part thereof, or shall make default in the performance of any of the other covenants
herein contained, and such default shall continue for a period of thirty (30) days after written
notice thereof, specifying the default complained of, mailed to Lessee at its address in the City
of Dubuque, Iowa, by regular United States mail, or at such other address as Lessee may from
time to time specify in writing, then it shall be lawful for Lessor, at its election, to declare the
term of this Lease ended and to expel and remove Lessee, or any person, or persons, in or
upon the same, using such force as may ~e necessary under the circumstances. Lessee
hereby covenants and agrees to surrender and deliver up the Leased Premises peaceably to the
Lessor.
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12. USE OF LEASED PREMISES. The leased premises shall be used solely for the
purpose of volleyball courts.
13. ASSIGNABILITY. Lessee may not assign or sublet the premises or any portion
thereof without first securing the written prior consent of Lessor, which consent shall not be
unreasonably withheld. Merger of Lessee with some other corporation, or sale of the majority
of the stock of Lessee to any other corporation, or consolidation, shall be deemed an
assignment or sublease for the purposes of this section.
IN WITNESS WHEREOF, the farties have caused the due execution of this Lease
Agreement, in duplicate, on this \, -to day of {hel&l\ut, 2000.
::~y OFltt1fh~ L
~ichael C.-Van Milligen
City Manager
RIV. ERS).Qf ? INC. .
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By. . - /',/ /' l
Timothy M. Martin
Vice President, Riverside Bowl, Inc.
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Address
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INSURANCE SCHEDULE
1.
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Any policy of insurance or certificate of insurance required hereunder shall be with a
carrier authorized to do business in Iowa and a carrier that has received a rating of A
or better in the current Best's Rating Guide.
2. Any policy of insurance required hereunder shall provide for a thirty-day notice to the
City of any material change or cancellation of the policy prior to its expiration date.
3. Contractor shall have its insurance agent or company certify in writing that any policy
of insurance required herein with an aggregate limit of liability has not been reduced by
paid or reserved claims at the time of issuance of policy or certificate.
4. Contractor shall furnish copies of the following policies to the City, with limits not less
than the following, or greater if required by law, and shall also furnish certificates of
insurance from all independent contractors or subcontractors hired by Contractor or any
independent contractor or subcontractor hired by the independent contractor or
subcontractor, which certificates shall provide evidence of coverage for limits not less
than the following, or greater if required by law:
WORKERS COMPENSATION:
Coverage A:
Coverage B:
Statutory State of Iowa
Employers' Liability
$100,000 each accident
$100,000 each employee by disease
$500,000 policy limit by disease
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AUTOMOBILE LIABILITY:
Bodily Injury and Property Damage limit of liability of $1,000,000 combined single limit
or equivalent.
COMMERCIAL GENERALlIABIUTY:
General Aggregate Limit
Products-Completed Operation Aggregate Limit $
Personal and Advertising Injury Limit
Each Occurrence Limit
Fire Damage Limit (anyone occurrence)
Medical Payments
(Umbrella Liability Insurance may be substituted
for above'limits.)
OR
Combined Single Limit
Medical Payments
(Umbrella Liability Insurance may be substituted
for above limits.)
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$2,000,000
$1,000,000
$1,000,000
$1,000,000
$ 50,000
$ 5,000
$2,000,000
$ 5,000
Coverage is to include: occurrence form, premises/operations/products/ completed
oporations coverage, independent contractors' coverage, contractual liability, broad
form proporty damage, personal injury, City of Dubuque named as an additional insured
with 30 dnys written notice of change or cancellation.
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ADDENDUM TO LEASE AGREE~mNT
THIS ADDENDUM, dated the /?~ day of ~
1973, being an Addendum to Lease and Agreement entered into on
April 14, 1964 by and between the CITY OF DUBUQUE, IOWA, a
municicrpal corporation, and through its BOARD OF DOCK COMMISSIONERS
and RIVERSIDE BOWL, INC. providing for the lease of the following
descr ibed real estate, to-wit. in alock 2 in "[dver front vubdiv1sion No.3"
in the City of Dubuqu" Iowa, bein~ comprieed and made up of a tract of land
cOllllllencing at the extreme northerly comer of said Block 2, being the point of
beginning, thence
South 490 27' East, 61.29 feet along the southwesterly street line of Hawthorne Street
to the northwesterly line of Lease No. 2 in said Block 2, thence
South 44'! 01' West, 300.00 feet, along said northwesterly line of Lease No. 2 in said
Block 2, thence
North 49u 07' West, 82.28 feet, in line with the eouthwesterly line extended ot
Lease No. 2 in said alock 2 to the ~outhea5terly street line ot Kerper Boulevard, Thence
North 48000' East, 301.49 teet lIong said eoutheasterly street line ot Kerper Boulevard
to point of begL~~g, and c~~tains 0.4934 acres.
WITNESSETH,
1. Lease and Agreement by and between the parties hereto,
dated April 14,1964, be and the same is hereby amended by
adding the following Addendum thereto which consists of simply
increasing the pre.ises demised as above described.
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2. Said Lease of April 14, 1964 as to rental and all other
terms and provisions is herewith ratified and affirmed and same
shall apply to the parcel herein described.
3. In all other respects, th! Lease and Agreement dated
the 14th day of April, 1964 be and the same is hereby ratified and
confirmed.
4. That the Lease rental prorated from the ~ day of
~L- , 19.?~ to the .-::1o~ day of ~ ,
19 '7 i/ be and the same is hereby fixed in the amount of ~...Y Y:::3, .sm .
CITY OF DUBUQUE, IOWA,
a municipal corporation, LESSOR,
BY' W:u.:~ t:\, Ut ~~(_
BY'~
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Its -~-rd of DOck Co.m<Ssioners
RIVERSIDE BOWL, IHC., an Iowa
cor~ation, LESSEE, 0-
BY: .~~ ~t ,A,}r,/
Its prv sid~ I
BY. ~J. _ ~,
Its Se retary .
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ADDENDUA TO LEASE AGREE.'.lENT
THIS ADDENDUM, dated the /.~.,I~ day of Q.L-""'7--<-
1973, being an Addendum to Lease and Agreement entered into on
A~ril 14, 1964 by and between the CITY OF DUBUQUE, IOWA, a
municici?al cor~oration. and through its BOARD OF DOCK COl-!:lISSIONERS
and RIVERSIDE BOWL, INC. ?roviding for the lease of the following
descr ibed real estate, to-wit: in Block 2 in "River Front 3ubdivision No.3"
in the City of Dubuque, Iowa, being comprised and made up of a tract of land
commencing at the extreme northerly corner of said Block 2, being the point of
beginning, thence
South 490 27' East, 61.29 feet along the southwesterly street line of Hawthorne Street
to the northwesterly line of Lease No. 2 in said Block 2, thence
South 44! 01' West, 300.00 feet, along said northwesterly line of Lease No.2 in said
Block 2, thence
North 490 07' West, 82.28 feet, in line with the southwesterly line extended of
Lease No. 2 in said Block 2 to the southeasterly street line of Kerper Boulevard, ThenCE
North 48000' East, 301.49 feet along said southeasterly street line of Kerper Boulevard
to point of beginning, and contains 0.4934 acres~
WITNESSETH:
1. Lease and Agreement by and between the ~arties hereto,
dated April 14,1964, be and the same is hereby amended by
adding the following Addendum thereto which consists of simply
increasing the ~remises demised as above described.
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2. Said Lease of A~ril 14, 1964 as to rental and all other
terms and provisions is herewith ratified and affirmed and same
shall apply to the parcel herein described.
3. In all other respects, tre Lease and Agreement dated
the 14th day of April, 1964 be and the same is hereby ratified and
confirmed.
4.
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That the Lease rental prorated from the '~ day of
, 19?~ to the ..:!1e:;'~J day of, ~ '
and the same is hereby fixed in the amount of ~~~,~
CITY OF DUBUQUE, IOWA,
a municipal corporation, LESSOR,
BY, W ~ ,1+. Ik 'W,...:. {
BY, &-iz=c
BY: ( - ' .
Its Board of Dock Commissioners
RIVERSIDE BOWL, INC.,
Corporation, LESSEE,
BY: 0. (o....j)J
r'ts President
BY: &. 1"f1L
Its s~etary
an Iowa
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LEA S E
AGREEMENT
THIS LEASE AND AGREEMENT MADE AND ENTERED into this /--!d./
day of April, A.D., 1954, by and between the CITY OF DUBUQUE, IOWA, a
municipal corporation of Iowa, through its duly authorized BOARD OF DOCK
COMMISSIONERS, hereinafter called "Lessor", and RIVERSIDE BOWL, INC.,
an Iowa corporation, hereinafter called "Lessee", providing for the
lease of the following described real estate in the City of Dubuque,
Dubuque County, Iowa, hereinafter referred to as the "demised premises",
and described as follows, to-wit:
A tract of land in Block 2 of River F~ont
Subdivision No.3, three hundred (300')
feet in depth, fronting on Hawthorne Street
2.07 acres in area, and as delineated in
red upon the attached plat.
WITNESSETH:
1. Lessor does hereby lease to Lessee the demised premises,
to have and tQ hold the same for a period of Forty-four years, commenc-
ing on May 51, , 1964 and terminating on May 31,
2008.
2. Lessee is hereby granted the option of renewing this Lease
for an additional term of fifty (50) years under the same terms and condi-
tions provided herein, by giving Lessor written notice of his exercise of
such option at least twelve (12) months prior to the expiration of the
original term of this Lease.
3. Lessee agrees to pay Lessor rental for said premises in
accordance with the following schedule:
a) Eight Hundred Forty Dollars ($840.0~fJ?er acre
per year for each of the years from May 31,1,o~
to May 31, 1983!
b) Ten Hundred Fifty Dollars ($1050.00) per acre
per year for the period fron May,,2if... ~ to May 31, 2008;
c) In the event Lessee exercises his option hereunder
and renews this Lease for the additional term as above pro-
vided, the annual rental for said renewal term shall be
One Thousand, One Hundred Thirty-four -($1,134.00) Dollars
per acre per year.
Said annual rentals shall be paid to Lessor by Lessee, annually, in advance,
prior to Xay 31 of each year of the term of this Lease, or any re-
newal thereof, commencing with May 31, 1964
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4. Lessee agrees, at his ~ to erect upon the demised ~ ~
premises a building containing not less than~&..iy thousand square feet ~t7!
of ground floor area, in accordance with plans and specifications approved .
by Lessor, and at a location on the demised premises approved by Lessor,
and to complete said building in all respects, for Umnediate occupancy,
on or before ~~rtpmhpr 1" 1964 , unless prevented by accident
or unavoidable cause, and in such case, as soon after such date as is
practical, and that when completed the said building premises shall be
free from all liens, including mechanic's liens.
5. Lessee shall bear, pay and discharge all taxes, assess-
ments, duties, imposts, sewer rental, permit fees, and burdens whatsoever
assessed, charged or imposed by the United States, State of Iowa, or City
of Dubuque, or any other public authority against any improvements, struc-
tures or property erected thereon or located thereon or business conducted
thereon, or upon the owner or occupier in respect thereto. Real estate
taxes or special assessments levied against the land shall be assumed and
paid by Lessor.
6. Lessee agrees not to suffer the demised premises, during
the term of this Lease, or any renewal thereof, to become subject to any
lien or encumbrance whatsoever, without the written consent of Lessor;
it being expressly agreed that Lessee shall not in any event have authority
to create any lien, charge or encumbrance upon the land constituting the
demised premises.
.
7. Lessee agrees to keep the demised premises and structures
thereon in a neat and orderly condition at all times and maintain the
building and structures, including the drains and sewers thereon, at all
times in good condition and repair.
8. Lessee agrees to extend all necessary water and sewer
service,. and other required utilities, to the demised premises at Lessee's
expense.
9. Lessee agrees to use the demised premises only as a site
for a hnwl;nf ~'l~y, billiard ~arlor. archery range, including restaurant
or other sim lar recreational activity with the allied services proper to
the operation of the stated activity.
10. It is agreed between the parties hereto that the following
restrictions apply to the demised premises and Lessee agrees to comply
therewith:
a) Materials, supplies and refuse stored on the
premises shall be stacked in orderly piles or kept in
suitable containers;
b) Lessee shall construct no underground structures
below the depth of fifteen (15) feet and shall sink no
wells, or perform any other act which might destroy, damage,
or interfere with the subterranean water supply underlying
the area, without first obtaining the written permission of
the City Water Department so to do;
.
;
~
.
- 3 -
c) No noxious or offensive trade or activity shall
be carried on on the demised premises, nor shall anything
be done thereon which may be or become a nuisance to the
surrounding area by reason of unsightliness or the offen-
sive emission of odors, dust, fumes, smoke or noise;
d) No building, structure or portion thereof
erected, converted or moved onto the demised premises,
shall be used as a dwelling, except living quarters used
by a watchman or custodian.
11. Lessee agrees to comply with all applicable State, Federal
or municipal Statutes, Laws or Regulations during the term of this Lease
with regard to his operation of the demised premises and not to make or
suffer any unlawful activity thereon.
12. Upon the expiration of the term of this Lease, or any re-
newal thereof, Lessee agrees to surrender up the demised premises, with all
buildings erected thereon. and additions thereto, in good condition and
repair, reasonable wear and tear by the elements excepted.
~
,I
13. If Lessee shall make default in the payment of the rentals
hereunder, or any part thereof, or shall make default in any of the other
covenants herein contained, and such default shall continue for a period
of thirty (30) days after written notice thereof, mailed to Lessee at his
address stated herein, then Lessor shall, in addition to the other remedies
provided by Law, have the right, at its option, to declare the term of this
Lease ended, and to re-enter the leased premises, with or without process
of law, and expel and remove Lessee or any persons, in or upon the same,
using such force as may be necessary under the circumstances, and, in that
event Lessee agrees to surrender and deliver up the demised premises peace-
ably to Lessor. It is further agreed that the waiver of any breach of any
clause of this Lease by Lessor shall not constitute a waiver of any sub-
sequent breach.
.
14. Lessor, through its duly authorized agents, shall have the
right to enter upon the demised premises at any reasonable time to inspect
the same.
15. In the event sidewalks are constructed along the demised
premises, Lessee agrees to clear the snow and ice therefrom and to keep
the same in good repair and free from nuisance, and to save the City of
Dubuque harmless from any breach of this obligation.
16. Lessee agrees to procure and maintain in force during the
term of this Lease and any extension hereof, a policy of liability insurance
with the City of Dubuque and its Board of Dock Commissioners named as addi-
tional insureds in a company authorized to do business in Iowa, insuring
against any liability arising out of the use, occupancy or condition of the
demised premises, in amounts not less than Twenty-five Thousand ($25,000.00)
Dollars personal injury to anyone person; One Hundred Thousand ($100,000.00)
Dollars personal injury in anyone accident, and Twenty-five Thousand
($25,000.00) Dollars property damage insurance. Said policy shall provide
that the same may not be cancelled without ten (10) days prior notice to
the City and a copy of the current policy shall be deposited with Lessor.
.
.....
i
.
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17. This Lease may be assigned or sublet by Lessee only upon
.~itten approval of Lessor endorsed hereon.
18. Upon the termination of this Lease for any cause, except
the mutual agreement of the parties, the building provided for in Para-
3raph four (4) hereof shall become the property of Lessor.
CITY OF DUBUQUE, IOWA,
A Municipal Corporation,
LESSOR
BY:
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Its Board 0 c Commissioners
.
RIVERSIDE BOWL, INC.
an Iowa Corporation
LESSEE
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PLAT SHOWING EASEMENTS PROVIDED FOR IN
DOCK BOARD LEASE
DATED
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EASEMEN'T A
F6R UNDERGROUND PIPE
\AND WIRES
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EASEMENT "B"
FOR WATER. SEWE~
Ii DRAINAGE
HARBOR
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SCALI I". 200'
o . IRON PIPE
D. CONCRETE MONUMENT
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~~DIFI~ATI~~ QE ~ AGREE~~~T
This Agreement entered into by and b~tween the ~
OF iJUtlU",UE, IOli",th:rough its duly authorized Board of Dock
COlllll1issioners. hereinafter called IILessor" and Riverside Howl,Inc.,
an Iowa corpor~tion, with its principal place of business in
the City of DUbUque, Iowa, hereinafter called If L.asee" , ivITN;;;5S!!:'JH:
v7 I~hereas, the parties hereto have heretofore on May
..7V}\.,e:(. , 1958, entered into a certain Leo sa ,..greemant; and
~nereas, the parties hereto desire to modify the same
in order to provide for the installation of certain underground
f&ci~ities with reference to the demised prpmises,
~O. THEltE.JiORE, IT IS ""1GR",ED Between the parties
hereto as follows:
.
1. That there is hereby reserved from the demised
premises the right in the Citl of Dubuque to maintain under-
ground pipes and wires in a strip of land lying between the west
line of Hawthorne Street and a line 35 feet west of and parallel
to the west line of Hawthorne Street, which strip of land" shall
extend for the entire portion of the demised premises which abuts
Hawthorne Street. said easement is designated "Easement A" on
the attached plat.
2. In addition to the rights granted under said Lease
and Agreement, Lessee, its successors and assigns, shall hav.,
50 long as 5 aid Lea se and Agreement remains in effect, the right
to install and maintain underground sanitary sewer, water and
storm drainage line across an Easement located in Hlock 2 of
River Front Subdivision No.3 at the locationdesignsted as
"Easement ll" on the att~ched plat.
Executed in duplicate this 25 121 cay of August
A. D. 195$.
(;IT! O~ ~~~essor';;J
By tJVV! U (j ~
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Its Board of Dock Commissioners.
RIVER~IV~ ~OWL, I~C., Lessee,
By /1-:1'
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L~il.SE ~ .il.GRE&iiBi~T
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This Lease and _~l.:.eement made and entered into
,;~.\:~';f
day of May, A. D. 1958, by and between the CITY
.\.... "
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OF ;<" -;~ ';','
v'..I>.,.!;,":
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DUDU~UE, IOWA, a municipal corporation of Iowa, through its
duly authorized Board of Dock Commissione~s, hereinafter called
IILessor", and Raymond Seger, 6053 Oleatha Street, St. Louis,
Missouri, hereinafter called IILessee", providing for the lea se
of the following described real estate in the City of Dubuque,
DubUQue County, Iowa, hereio:ifter referred to as the "demised
premisesll, and described as follows, to-wit:
A tract of land in Block 2 of River Front Subdivision
No.3, three hundred (300) feet in depth, fronting on
Hawthorne Street, two (2) acres in area, and bounded on
the south by a line parallel to and one hundred (lOO)
feet north of the north line of Harbor Street,
WIT N ~ 8 SET H
1. Lessor does hereby lease to Lessee the demised
~remises, to have and to hold the same for a period of fifty
(50) years, commencing on June 1, 1958 and terminating on
May 31, 2008.
2. Lessee is hereby granted the option of renewing
this lease for an additional term of fifty (50) years under
the same terms and conditions provided herein, by giving Les-
sor written notice of his exercise of such option at least
twelve (12) months prior to the expiration of the original
term of this lea S3.
3. Lessee agrees to pay Lessor rental for s aid pre-
mises in accordance with the following schedule:
(a) Eight Hundred Forty Dollars ($840) per acre
per year for each of the years from June 1, 1958
to May 31, 1983;
(b) Ten Hundred Fifty Dollars ($1050) per acre
per year for the period from June 1, 1983 to
May 31, 2008;
(c) In the event Lessee exercises his option here-
under and renews this leaSE for the additional term
as above provided, the annual rental for said renewal
term shall be One Thousand, One Hundred Thirty-four
Dollars (~1134) per acre per year.
Said annual rentals shall be paid to Lessor by Lessee, annually,
in advance, prior to June 1st of each year of the term of this
lease, or any renewal thereof, commencing with June 1, 1958.
f
.'
.
-2-
4. Lessee agrees, at his own cost, to erect upon
the demised premises a building containing not less than ten
thousand (10,000) square feet of ground floor a~ea, in accord-
ance with plans and specificati~ns approved by Lessor, and at
a location on the demised premises approved by Lessor, aOO to
complete said b~ilding in all respects, for immediate occupa~cy,
on or before January 1, 1960, unless prevented by accident or
unav~idable cause, 3nd in such case, as soon after such date
as is practical, and tha t when complet ed the said building and
premises shall De free from all liens, incluGin~ mechanic's
li ens.
5. Lessee agrees to bear, pay and discharge all
taxes, assessments, duties, imposts, sewer or water rentals,
permit fees, and burdens whatsoever assessed, charged or im-
posed, either by the Nation, State or City, or any other PUblic
authority,upon the demised premises, or any struc~ures or
property thereon, or business conducted thereon, or upon the
owner or occupier. in respect thereto, except State, City or
County real estate taxes, or special assessments levied against
the land that constitutes the demised premises, which real es-
tate taxes and special assessments Lessor assumffi and agrees to
pay.
.
6. Lessee agrees not to suffer the demised premises,
during the term of this leaae, or any renewal thereof, to be-
come subject to any lien or encumbrance whatsoever, without
the written consent of Lessor; it being expressly agreed that
Lessee shall not in any event have authority to create any
lien, charge or encumbrance upon the land constituting the de-
mised premises.
7. Lessee agrees to keep the demised premises and
structures thereon in a neat and orderly condition at all times
and maintain the building and structures, including the drains
and sewers thereon, at all times in good condition and repair.
8. Lessee agrees to extend all necessary water and
sewer service, and other required utilities, to the demised
premises at Lessee's expense.
.
9. Lessee agrees to use the demised premises only
as a site for a bowling alley establishment, or other similar
recreational activity, with allied services proper to the
operation of the activity.
10. It is agreed between the parties hereto that
the following restrictions apply to the demised premises and
Lessee agrees to c omply there~ith:
(a) Materials, supplies and refuse stored on the pre-
mises shall be stacked in orderly piles or kept in
suitable containers;
(b} Lessee shall construct no underground structures
below the depth of fifteen (15) feet and shall sink
no wells, or perform any other act which might destroy,
damage, or interfere "with the subterranean wa~er supply
underlying the area, without first obtaining the written
permission of the City Water Department so to do;
(c) No noxious or offensive trade or activity shall
be carried on on the demised premises, nor shall any-
thing be done thereon which may be or become a nuisance
--
-3-
.
to the surrounding area by reason of unsightliness or
the offensive emission of odors, dust, fumes, smoke or
no i s e j
(d) No ouilding, structure or portion thereof erected,
converted or moved onto the demised premises, shall be
used as a dwelling, except living quarters used by a
watchman or custodian. .
11.Lessee agrees to comply with all applicable State,
Federal or municipal Statutes, LaAs or regulat:ons during the
term of this lease with regard to his operation of the demised
premises and not to make or suffer any unlawful activity
thereon.
12. Upon the expiration of the term of this lease,
or any renewal thereof, Lessee agrees to surrender up the de-
mised premises, with all buildings erected thereon, and addi-
tions thereto, in good condition and repair, reasonable wear
and te~r by the elements excepted.
.
13. If Lessee shall make default in the payment of
the rentals hereunder, or any part thereof, or shall make de-
fault in any of the other covenants herein contained, and
such default shall continue for a period of thirty (30) days
after viritten mtice thereof, mailed to Lessee at his address
stated in the preamble hereof, then Lessor shall, in addition
to the other remedies provided by Law, have the right, at its
option, to declare the term of this lease ended, and to re-
enter the leased premises, with or without process of law, and
expel and remove Lessee or any persons, in or upon the same,
using such force as may be necessary under the circumstances,
and, in that event Lessee agrees to surrender and deliver up
the derrdsed premises peaceably to Lessor. It is further agreed
that the waiver of any breach of any clause of this lease by
Le~sor shall not constitute a waiver of any.subsequent breach.
14. Lessor, through its duly authorized agents,
shall have the right to enter upon the d~~ised premises at
at any reasonable time to inspect the same.
15. In the event sidewalks are constructed along
the deffiised premises, Lessee agrees to clear the snow and
ice therefrom and to keep the same in good repair and free
from nuisance, and to save the City of Dubuque harmless from
any breach of this obligation.
16. Lessee agrees to procure and maintain in force
during the term of this ~ease and any extension hereof, a policy
of liability insurance with the City of Dubuque and its Hoard
of Dock Commissioners named as additional insureds in a company
authorized to do business in Iowa, -i.nsuring against any lia-
bility arising out of ' the use, occupancy or condition of the
demised premisesl in amounts not less than Twenty-five Thousand
Dollars ($25,OOOJ personal injury to anyone person; One Hundred
Thousa-nd Uollars - (~lOO,OOO) personal injury in anyone accident,
and Twenty-five Thousand Dollars ($25,000) property damage in-
surance. Said policy shall provide that the same may not be
cancelled without ten (10) days prior notice to the City and
a copy of the current po~icy shall be deposited with Lessor.
.
)- .
I
.
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.
-4-
17. This lease ma1~~ssigned or sublet by Lessee
only upon written approval of Lessor endorsed hereon.
18. Upon the terminati~n of this lease for any
cause, except the mutual agreement of the parties, the build-
ing provided for in Paragraph 4 hereof shall beco:,.e the pro-
perty of Lessor.
C1 TY OF
ock CommiS3ioners
J:jy
.
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. (aymond Seger) / Lessee
.
,
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Preoared bv: Ron Turner. Citv of DubUQue. 50 West 13th. DubUQue. IA. (319) 589-4270 4> I
RESOLUTION NO.Q.Ql-OO
RESOLUTION CONSENTING TO THE ASSIGNMENT OF
LEASES BETWEEN THE CITY OF DUBUQUE AND RIVERSIDE
BOWL, INC. BY RIVERSIDE BOWL, INC. TO BOWLING &
BEYOND DUBUQUE, INC.
WHEREAS, Riverside Bowl. Inc. (Riverside) operates a bowling facility in
Dubuque, Iowa, and Riverside and the City of Dubuque (City) entered into
Leases of property owned by City on May 2, 1958, as amended June 19, 1973,
April 14, 1964, and December 6, 2000 (Leases), copies of which Leases are
attached hereto; and
WHEREAS, Riverside desires to sell its assets and assign its interest in
the Leases to Bowling & Beyond Dubuque, Inc., an Illinois corporation (Bowling),
pursuant to the Assignment of Interests in Leases attached hereto; and
WHEREAS, the Leases are assignable by Riverside with the consent of
City; and
WHEREAS, Bowling desires to assign its interests in the Leases to
American Trust & Savings Bank (A TSB) as security for a loan by A TSB to
Bowling, pursuant to the Assignment of Interests in Leases attached hereto; and
WHEREAS, the City Council has determined that it is in the best interests
of the City to consent to the Assignments.
NOW. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
1. That the City Council hereby consents on behalf of the City of
Dubuque to the attached Assignment of Interests in Leases by
Riverside Bowl, Inc. to Bowling & Beyond Dubuque, Inc.
2. That the City Council hereby consents on behalf of the City of
Dubuque to the attached Assignment of Interests in Leases by Bowling
to American Trust & Savings Bank.
,. ,
J
Passed, adopted and approved this 18th day of
2000.
Attest:
. f
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. 601-00 is a correct copy of the original
Resolution No. 601-00 approved and adopted by the City Council of the City
of Dubuque, Iowa, at a session held by said Council on the 18th day of
December, 2000.
In Testimony Whereof, I hereunto set my hand and official seal of the City of
Dubuque, Iowa.
Dated at Dubuque, Iowa on this 20th day of December, 2000.
v\' OF I),
. c:<-- . . /<(
#. / .;;?X'/.Zd/~~k~~
?/~~...~~ne F. Schneider
City Clerk
City of Dubuque, Iowa
,
.} "
t~Al.)
, W',_ _. r'''''
('~
Prepared by: Ron Turner. 50 W. 13th Street. Dubuque. IA 52001-4864. (319) 589-4270
AFFIDA VIT
STATE OF IOWA )
) ss:
DUBUQUE COUNTY )
I, Michael A. Koch, being first duly sworn under oath do depose and
state as follows:
1 . That the City of Dubuque, Iowa, a municipal corporation,
through its Board of Dock Commissioners and City Council,
have executed Lease Agreements with Riverside Bowl, Inc.,
and;
2. That the original documents for said Lease Agreements have
been kept in the Engineering Division of the City of Dubuque,
and;
3. That the Lessee is desirous of having the original Lease
Agreements recorded in the office of the Dubuque County
Recorder, and;
4. That the attached documents are the originals of the Lease
Agreements between the City of Dubuque, Iowa, and Riverside
Bowl, Inc.
Dated at Dubuque, Iowa, this 11 th day of December, 2000.
!f-# ~~
Micliael A. Koch
Subscribed and sworn to before me by Michael A., Koch this 11 th day
of December, 2000. ! ,,' / ,.' ..c..______,
.,/-/ ~ Ih)lLu).:, .
Notary Public! In' and For
the State of Iowa
,
. .
LEASE AGREEMENT
This Lease Agreement made and entered into this L day of Or:e;:I1'u , 2000,
by and between the City of Dubuque, Iowa, a municipal corporation of Iowa, hereinafter called
"Lessor", and Riverside Bowl, Inc., an Iowa business corporation, hereinafter called "Lessee".
1 . Lessee hereby leases to Lessee the following described real estate situated in
the City of Dubuque, Dubuque County, Iowa, hereinafter referred to as the "Leased Premises",
upon the terms and conditions set forth herein, to-wit:
Property identified on attached Exhibit A, dated 3-15-96, as "Riverside Bowl Lease No.
4" at the northwest corner of Hawthorne and Harbor Streets
2. TERM. The term of this Lease shall be from the pt day of July, 1999, until
midnight on the 30th day of June, 2002.
3. RENTAL. Lessee shall pay annually as rental the sum of five thousand two
hundred dollars ($5,200.00), at the Office of the City Treasurer, at the time of the execution
of this Lease Agreement, and on the 1 st day of July in each year of this Lease.
4. TAXES. Lessee agrees to pay all general taxes that may be levied against the
Leased Premises and all general taxes levied or assessed against improvements placed upon
the Leased Premises by or on behalf of the Lessee.
5. FENCE. Lessee shall install at its expense an 8 foot high chain link fence as
shown on Exhibit A. The fence shall be a minimum distance of 10 feet from the landward toe
of the levy.
6. IMPROVEMENTS. All improvements made by Lessee to the Leased Premises
and all structures situated thereon shall be erected, built and maintained in strict conformity
with all applicable federal, state or municipal statutes, ordinances and regulations. No
structural improvements shall be made without the prior written approval of the Lessor.
Lessee shall keep the Leased Premises and any structures thereon in a neat and orderly
condition at all times and in a condition of repair and shall conform with all federal, state and
municipal regulations in regard to the use of the Leased Premises, and the operation of the
business conducted thereon.
Upon the termination of this Lease for any cause whatsoever, Lessee shall have the
privilege, during the period of thirty (30) days thereafter to remove any and all improvements
made by Lessee to the Leased Premises, provided the same are free of landlord's liens, or
other lien rights in Lessor. In the event of such removal, the Leased Premises shall be restored
to substantially the same condition as it was at the commencement of the initial term of the
Lease. Failure to remove any such improvement, or other property of Lessee within such three
(3) month period shall constitute an abandonment thereof unless the parties hereto otherwise
agree in writing. Lessee shall reimburse Lessor for the actual expense of removing any such
abandoned property. Lessee shall have free access at all times during the aforesaid thirty (30)-
day period to remove from the Leased Premises its improvements.
7. QUIET ENJOYMENT. Lessor agrees and covenants that Lessee on payment of
the rent and performing the covenants and conditions herein contained, shall and may
peacefully and quietly have, hold and enjoy the Leased Premises for the term hereof.
8. EASEMENTS. Lessee acknowledges the existence of a 16' wide Corp of
Engineers easement for the City's fioodwall protection levy and a 20' wide watermain
easement across the Leased Premises as shown on Exhibit A, and Lessee agrees to allow
access to Lessor for the purposes consistent with these easements.
9. INSURANCE. Lessee shall procure and maintain insurance set forth in the
attached Insurance Schedule.
10. INDEMNITY. Lessee shall indemnify and hold harmless Lessor from and against
all claims, damages, losses and expenses, including attorney fees, arising out of the lease of
the property, provided that such claim, damages loss or expense, is caused in whole or in part
by the negligent act or omission of the Lessee, Lessee's agents, contractors, customers, or
employees.
11. DEFAULT. If Lessee shall make default in the payment of the rental hereunder,
or any part thereof, or shall make default in the performance of any of the other covenants
herein contained, and such default shall continue for a period of thirty (30) days after written
notice thereof, specifying the default complained of, mailed to Lessee at its address in the City
of Dubuque, Iowa, by regular United States mail, or at such other address as Lessee may from
time to time specify in writing, then it shall be lawful for Lessor, at its election, to declare the
term of this Lease ended and to expel and remove Lessee, or any person, or persons, in or
upon the same, using such force as may ~e necessary under the circumstances. Lessee
hereby covenants and agrees to surrender and deliver up the Leased Premises peaceably to the
Lessor.
12. USE OF LEASED PREMISES. The leased premises shall be used solely for the
purpose of volleyball courts.
13. ASSIGNABILITY. Lessee may not assign or sublet the premises or any portion
thereof without first securing the written prior consent of Lessor, which consent shall not be
unreasonably withheld. Merger of Lessee with some other corporation, or sale of the majority
of the stock of Lessee to any other corporation, or consolidation, shall be deemed an
assignment or sublease for the purposes of this section.
IN WITNESS WHEREOF, the .,parties have caused the due execution of this Lease
Agreement, in duplicate, on this l,"" day of QIiC~I\"I, 2000.
:~~y OFlAt1(h~~
Michael C."'Van Milligen
City Manager
RIVERS)Qf BOWI.s INC. . r--..
By. L/??--r
Timothy M. Martin
Vice President, Riverside Bowl, Inc.
1--\ SS Dd~ '-~c., Dr.
Address
D t...,1':) L- '1_ ( - <
1A
C;:).oul
INSURANCE SCHEDULE
1 . Any policy of insurance or certificate of insurance required hereunder shall be with a
carrier authorized to do business in Iowa and a carrier that has received a rating of A
or better in the current Best's Rating Guide.
2. Any policy of insurance required hereunder shall provide for a thirty-day notice to the
City of any material change or cancellation of the policy prior to its expiration date.
3. Contractor shall have its insurance agent or company certify in writing that any policy
of inStlrance required herein with an aggregate limit of liability has not been reduced by
paid or reserved claims at the time of issuance of policy or certificate.
4. Contractor shall furnish copies of the following policies to the City, with limits not less
than the following, or greater if required by law, and shall also furnish certificates of
insurance from all independent contractors or subcontractors hired by Contractor or any
independent contractor or subcontractor hired by the independent contractor or
subcontractor, which certificates shall provide evidence of coverage for limits not less
than the following, or greater if required by law:
WORKERS COMPENSATION:
Coverage A:
Coverage B:
Statutory State of Iowa
Employers' Liability
$100,000 each accident
$100,000 each employee by disease
$500,000 policy limit by disease
AUTOMOBILE LIABILITY:
Bodily Injury and Property Damage limit of liability of $1,000,000 combined single limit
or equivalent.
COMMERCIAL GENERAL LIABILITY:
General Aggregate Limit
Products-Completed Operation Aggregate Limit $
Personal and Advertising Injury Limit
Each Occurrence Limit
Fire Damage Limit (anyone occurrence)
Medical Payments
(Umbrella Liability Insurance may be substituted
for above "limits.)
OR
Combined Single Limit
Medical Payments
(Umbrella Liability Insurance may be substituted
for above limits.)
$2,000,000
$1,000,000
$1,000,000
$1,000,000
$ 50,000
$ 5,000
$2,000,000
$ 5,000
Coverage is to include: occurrence form, premises/operations/products/ completed
operations coverage, independent contractors' coverage, contractual liability, broad
form property damage, personal injury, City of Dubuque flamed as an additional insured
with 30 days written notice of change or cancellation.
NORMAN, GILLOON,
WRIGHT & HAMEL, p.e.
. Attorneys
Wayne A. Norman, Jr.*
Arthur F. Gilloon*
E. David Wright*
Dirk J. Hamel**
Christopher R. Paar***
Please Reply To:
P.O. Box 857
Dubuque, IA 52004-0857
E-Mail: ngwhlaw@pcii.net
Writer's E-Mail Address:
wnorman@dbqlaw.com
December 12, 2000
Mr. Michael C. Van Milligen
City Manager - City of Dubuque
City Hall
50 West 13th Street
Dubuque, IA 52001
Re: Assignment of Leases: City of Dubuque to Riverside Bowl, Inc.
Dear Mr. Manager:
.
Riverside Bowl, Inc., as Seller ("Riverside"), and Bowling & Beyond Dubuque, Inc., as Buyer
("Bowling"), have entered into an asset Purchase and Sale Agreement ("Agreement") which they
hope to close before the end of December, 2000. We represent American Trust & Savings Bank
("A TSB") which has agreed to assist in funding the transaction through a loan to Bowling.
Bowling's performance under the Agreement is contingent upon the assignment of Riverside's
Leases with the City of Dubuque to Bowling, and ATSB's loan to Bowling is contingent upon the
assignment to ATSB, for security purposes, of Bowling's interests in those same leases.
I have prepared the enclosed Assignments to accomplish these purposes. Please note that neither
Assignment becomes effective unless and until the Asset Purchase between Riverside and Bowling
is closed. If there are questions, please let me know. Otherwise, we would appreciate it if you
would present to Assignments to the City Council for its approval at its next meeting. Thanks for
your assistance.
Sincerely,
~ormm'Jr
W AN/ljw
Enclosures (2)
.
Cc:
Barry A. Lindahl, Esq.
Riverside Bowl, Inc.
Bowling & Beyond Dubuque, Inc.
American Trust & Savings Bank
Security Building / 800 Town Clock Plaza / Dubuque, IA 52001/ (319) 556-6433 / Fax: (319) 556-7706
* Also Licensed in Wisconsin / ** Also Licensed in Illinois / *** Also Licensed in Minnesota
NORMAN. GILLOON,
WRIGHT & HAMEL, p.e.
. Attorneys
Wayne A. Norman, Jr.*
Arthur F. GilIoon*
E. David Wright*
Dirk J. Hamel**
Christopher R. Paar***
Please Reply To:
P.O. Box 857
Dubuque, IA 52004-0857
E-Mail: ngwhlaw@pcii.net
Writer's E-Mail Address:
wnorman@dbqlaw.com
Memorandum
To:
Jeanne Schneider
From:
Wayne A. Norman, Jr.
Date:
December 21, 2000
Subject:
Assignment of Riverside Bowl Leases
Jeanne:
.
Enclosed are an original and a copy of two lease assignments in relation to Riverside Bowl. I believe that
Barry Lindahl has spoken with both you and the Mayor about them.
If you would ask Terry to sign the originals when he stops in I'd appreciate it. The copies, of course, are for
your records.
The sale is closing Wednesday morning, December 27, and we'd like to have the assignments back before
then. If you'll give me a call after Terry signs them, I'll be happy to pick them up.
Thanks for you assistance.
~4P
.
Security Building /800 Town Clock Plaza / Dubuque, IA 52001/ (319) 556-6433/ Fax: (319) 556-7706
* Also Licensed in Wisconsin / ** Also Licensed in lIIinois / *** Also Licensed in Minnesota
.
.
.
December 8, 2000
The Honorable Terry Duggan
& City of Dubuque Council Members
50 West 13th Street
Dubuque, IA 52001
Dear Mayor & City Council Members,
Enclosed is a copy of a sales contract between Riverside Bowl, Inc. and Bowling & Beyond
Dubuque, Inc., an Illinois corporation owned by Mike Schmidt and Jim Jansen of Chicago,
Illinois, for the sale of Riverside Bowl. We intend to assign our current leases to Bowling &
Beyond Dubuque, Inc., with the City's consent, and to close the sale of the assets located on the
property on December 27,2000. All terms and conditions of the current leases will remain in
effect. The purchaser has agreed to be bound by the terms of the leases. One lease is currently
assigned to Dubuque Bank & Trust. The bank will release the assignment on the date of closing.
If you have any questions or need any assistance, please contact me at either 583-5768 or 582-
2688.
Sincerely,
RIVERSIDE BOWL, INC.
-? A---
Timothy M. Martin
General Manager
h:319-589-4270
EXHIBIT A
RIVERSIDE BOWL LEASE NO.4
~
NORTH
N23006'00"W
1 00.00'
o
50
100
200
~o. ~
$\J~ ·
t~O~~ LOT 2
i.~~ ~ LEASE NO. 1
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Scale In Feet
,
LOT 2
LEASE NO. 2
S24042'40"E
1.40'
S24040'10"E
98.61 '
WATER, SEWER AND
DRAINAGE EASEMENT
~.:~o~
CURVE RADIUS LENGTH CHORD CH.BEA.RING
C-1 954.93' 345.18' 343.30' S35006'30"E
C-2 954.93' 1.40' 1.40' S24042'40"E
SCALE: 1 "=1 00' DATE
DRAWN BY: RJT 3-21-9
CHECKED:
REVISION:
CITY OF DUBUQUE
50 West 13th St Dubu ue, Iowa
EXHIBIT A
PAGE OF
OWNER: CITY OF DUBUQUE
SCREEN FILE: RIVRSIDE FLD. BK. 502
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j-o'l".lr,t .':u,!:v'ic:iofl !.n. j" in the City of Dubuquo. Iowa, being COl'lpri~lod Md mnde up o!" U
t.rJ.ct. o~. L'll'i C'J;~.:;:enc.:.q,: at the extreme no:-therly corner of said IHo.ck ~, beir.g t.he ~oj r.t ~f
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. ',no n(lrtl'l'...l';3t.(~rly ~ine 01' Lc'l.cC Ilo. 2 in sald ~lo~j" .." thence,
~)outh. 1./, U ll' 'i:e:;t, JOG.CO fe~t, along said northwe!Jterly line of Lease No.2 1.'1 said
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LEASE
AGREEMENT
THIS LEASE AND AGREEMENT MADE AND ENTERED into this /~d./
day of April, A.D., 1964, by and between the CITY OF DUBUQUE, IOWA, a
municipal corporation of Iowa, through its duly authorized BOARD OF DOCK
COMMISSIONERS, hereinafter called "Lessorll, and RIVERSIDE BOVlL, INC.,
an Iowa corporation, hereinafter called "Lesseell, providing for the
lease of the following described real estate in the City of Dubuque,
Dubuque County, IO~va, hereinafter referred to as the lIdemised premises",
and described as follows, to-wit:
A tract of land in Block 2 of River F~ont
Subdivision No.3, three hundred (300')
feet in depth, fronting on Hawthorne Street
2.07 acres in area, and as delineated in
red upon the attached plat.
WITNESSETH:
1. Lessor does hereby lease to Lessee the demised premises,
to have and ~Q hold the same for a period of Forty-four years, commenc-
ing on May 3J., , 1964 and terminating on Hay 31,
2008.
2. Lessee is hereby granted the option of renewing this Lease
for an additional term of fifty (50) years under the same terms and condi-
tions provided herein, by giving Lessor written notice of his exercise of
such option at least twelve (12) months prior to the expiration of the
original term of this Lease.
3. Lessee agrees to pay Lessor rental for said premises in
accordance with the following schedule:
a) Eight Hundred Forty Dollars ($840.00~,~er acre
per year for each of the years from May 31t1gb~
to May 31, 1983:
b) Ten Hundred Fifty Dollars ($1050.00) per acre
per year for the period fror.1 May"31"o,, I983r to Hay 31, 2008;
c) In the event Lessee exercises his option hereunder
and renews this Lease for the additional term as above pro-
vided, the annual rental for said renewal term shall be
One Thousand, One Hundred Thirty-four ($1,134.00) Dollars
per acre per year.
Said annual rentals shall be paid to Lessor by Lessee, annually, in advance,
prior to ---M~~l of each year of the term of this Lease, or any re-
newal thereof, commencing with May 31, 1964
. ,-.
.., .
..
.
- 2 -
4. Lessee agrees, at his ~9~~" to erect upon the demised ~ ~
premises a buildin~ containing not less~~ thousand square feet ~/~
of ground floor ar:a, in accordance with plans and specifications approved ' .
by Lessor, and at a location on the demised premises approved by Lessor,
and to complete said building in all respects, for immediate occupancy,
on or before ~pptpmhpr 15, 1964 , unless prevented by accident
or unavoidable cause, and in such case, as soon after such date as is
practical, and that when completed the said building premises shall be
free from all liens, including mechanic's liens.
5. Lessee shall bear, pay and discharge all taxes, assess-
ments, duties, imposts, sewer rental, permit fees, and burdens whatsoever
assessed, charged or imposed by the United States, State of Iowa, or City
of Dubuque, or any other public authority against any improvements, struc-
tures or property erected thereon or located thereon or business conducted
thereon, or upon the owner or occupier in respect thereto. Real estate
taxes or special assessments levied against the land shall be assumed and
paid by Lessor.
6. Lessee agrees not to suffer the demised premises, during
the term of this Lease, or any renewal thereof, to become subject to any
lien or encumbrance whatsoever, without the written consent of Lessor;
it being expressly agreed that Lessee shall not in any event have authority
to create any lien, charge or encumbrance upon the land constituting the
demised premises.
7. Lessee agrees to keep the demised premises and structures
thereon in a neat and orderly condition at all times and maintain the
building and structures, including the drains and sewers thereon, at all
times in good condition and repair.
8. Lessee agrees to extend all necessary water and sewer
service," and other required utilities, to the demised premises at Lessee's
expense.
9. Lessee agrees to use the demised premises only as a site
for a hnwl;n ~llpy, billiard parlor. archery range, including restaurant
or other sim~lar recreational activity with the allied services proper to
the operation of the stated activity.
10. It is agreed between the parties hereto that the following
restrictions apply to the demised premises and Lessee agrees to comply
therewith:
a) Materials, supplies and refuse stored on the
premises shall be stacked in orderly piles or kept in
suitable containers;
b) Lessee shall construct no underground structures
below the depth of fifteen (15) feet and shall sink no
wells, or perform any other act which might des~roy, damage,
or interfere with the subterranean water supply underlying
the area, without first obtaining the written permission of
the City Water Department so to do;
i
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,
- 3 -
c) No noxious or offensive trade or activity shall
be carried on on the demised premises, nor shall anything
be done thereon which may be or become a nuisance to the
surrounding area by reason of unsightliness or the offen-
sive emission of odors, dust, fumes, smoke or noise;
d) No building, structure or portion thereof
erected, converted or moved onto the demised premises,
shall be used as a dwelling, except living quarters used
by a watchman or custodian.
11. Lessee agrees to comply with all applicable State, Federal
or municipal Statutes, Laws or Regulations during the term of this Lease
with regard to his operatian of the demised premises and not to make or
suffer any unlawful activity thereon.
12. Upon the expiration of the term of this Lease, or any re-
newal thereof, Lessee agrees to surrender up the demised premises, with all
buildings erected thereon. and additions thereto, in good condition and
repair, reasonable wear and tear by the elements excepted.
.~
13. If Lessee shall make default in the payment of the rentals
hereunder, or any part thereof, or shall make default in any of the other
covenants herein contained, and such default shall continue for a period
of thirty (30) days after written notice thereof, mailed to Lessee at his
address stated herein, then Lessor shall, in addition to the other remedies
provided by Law, have the right, at its option, to declare the term of this
Lease ended, and to re-enter the leased premises, with or without process
of law, and expel and remove Lessee or any persons, in or upon the same,
using such force as may be necessary under the circumstances, and, in that
event Lessee agrees to surrender and deliver up the demised premises peace-
ably to Lessor. It is further agreed that the waiver of any breach of any
clause of this Lease by Lessor shall not constitute a waiver of any sub-
sequent breach.
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14. Lessor, through its duly authorized agents, shall have the
right to enter upon the demised premises at any reasonable time to inspect
the same.
15. In the event sidewalks are constructed along the demised
premises, Lessee agrees to clear the snow and ice therefrom and to keep
the same in good repair and free from nuisance, and to save the City of
Dubuque harmless from any breach of this obligation.
16. Lessee agrees to procure and maintain in force during the
term of this Lease and any extension hereof, a policy of liability insurance
with the City of Dubuque and its Board of Dock Commissioners named as addi-
tional insureds in a company authorized to do business in Iowa, insuring
against any liability arising out of the use, occupancy or condition of the
demised premises, in amounts not less than Twenty-five Thousand ($25,000.00)
Dollars per~onal injury to anyone person; One Hundred Thousand ($100,000.00)
Dolla~s personal injury in ariy one accident, and Twenty~five Thousand
($25,000.00) Dollars property damage insurance. Said policy shall provide
that the same may not be cancelled without ten (10) days prior notice to
the City and a copy of the current policy shall be deposited with Lessor.
-
-.-...
-:
. ,
. '
- 4 -
17. This Lease may be assigned or sublet by Lessee only upon
written approval of Lessor endorsed hereon.
18. Upon the termination of this Lease for any cause, except
the mutual agreement of the parties, the building provided for in Para-
graph four (4) hereof shall become the property of Lessor.
CITY OF DUBUQUE, IOWA,
A Municipal Corporation,
LESSOR
BY:
\v--In, ~
'-
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Its Board 0 c Conunissioners
RIVERSIDE BOWL, INC.
an Iowa Corporation
LESSEE
BY:_ l~., /'.{ ~o-;":'r>-',j '.J" -e.; ->~
I~/President .----::/~
r j!/ ~ ---: ~
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PLAT SHOWING EASEMENTS PROVIDED FOR IN
DOCK BOARD LEASE
DATED
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DU8..3 /tv f:'f?a
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EASEtv1ENT 'p.:
F6R UNDERGROUND PIPE
\"NO WIRES
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EASEMEN T ~B"
FOR WATER, SEWE~
El ORAl NAeE
552.53'
64'
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D = CONCRETE MONUMENT
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lViOliIFICATi./N .Qf LE:~SE AGREEii~T
This Agreement entered into by and bstween the CITY
OF UUtiUQUE, IOW~,through its duly authorized Board or Dock
Commissioners, hereinafter called "Lessor" and Riverside Bowl,Inc.,
an Iowa corpor~ticn, with its principal place of business in
the City of Dubuque, Iowa, hereinafter called "LeISs..", WITNii:SSE'lH:
v7 I '~hereas, the parties hereto have heretofore on May
~ , 1958, entered into a certain Lea se Agreement; and
wbereas, the parties hereto desire to modify the same
in order to provide for the installation of certain underground
f~cilities with reference to the demised premises,
UOw THEitE.t'ORE, IT IS ;;.GR,~,ED Between the parties
hereto as follows:
1. That there is hereby reserved from the demised
premises the right in the City of Dubuque to maintain under-
ground pipes arid wires in a strip of land lying between the west
line of Hawthorne Str~et and a line 35 feet west of and parallel
to the west line of Hawthorne Street, which strip of land" shall
extend for the entire portion of the demised premises which abuts
Hawthorne Street. said easement is designated "Easement A" on
the attached plat.
2. In addition to the rights granted under said Lea sa
and Agreement, Lessee, its successors and assigns, shall have,
so long as s aid Lea se and Agreement reII'.ains in etrect. the right
to install and maintain underground sanitary sewer, water and
storm drainage line across an Easement located in Block 2 of
River Front Subdivision No.3 at the location designated as
~Ea5ement E" on the attached plat.
Executed in duplicate this 25 1h cay of August
A. D. 195$.
r
GI TY O~ ~~~QU · ,
By {fUV,1
Lessor '(J:.
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Its Board of Dock Commissioners.
RIVER~IUL bOWL, I~C., Lessee,
By Y!~/l/_' .Ar> ~I k~
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1~ASE AND AGRE&,iliNT
~
This Lease and .~~eement
:~~~t:.':.::
day of May, A. D. 1958, by and between the CITY OF
,
. .-\.{ <~:
made and entered into this I qJf ,~'\.
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DUbUQUE, IOWA, a municipal corporation of Iowa, through its
duly authorized Board of Dock Commissioners, hereinafter called
tTLessortT, and Raymond Seger, 6053 Oleatha Street, St. Louis,
Missouri, hereinafter called tTLessee", providing for the lea se
of the following described real estate in the City of Dubuque,
DubUQue County, Iowa, hereinafter referred to as the tTdemised
premisesft, and described as follows, to-wit:
A tract of land in block 2 of River Front Subdivision
No.3, three hundred (300) feet in depth, fronting on
Hawthorne Street, two (2) acres in area, and bounded on
the south by a line parallel to and one hundred (100)
feet north of the north line of Harbor Street,
WIT N ~ SSE T H
1. Lessor does hereby lease
~remises, to have and to hold the same
(50) years, commencing on June I, 1958
May 31, 2008.
to Lessee the demised
for a period of fifty
and terrr~nating on
2. Lessee is hereby granted the option of renewing
this lease for an additional term of fifty (50) years under
the same terms and conditions provided herein, by giving Les-
sor written notice of his exercise of such option at least
twelve (12) months prior to the expiration of the original
term of this 1 ea 59.
3. Lessee agrees to pay Lessor rental for s aid pre-
mises in accordance with the following schedule:
(a) Eight Hundred Forty Dollars ($840) per acre
per year for each of the years from June 1, 1958
to May 31, 1983;
(b) Ten Hundred Fifty Dollars ($1050) per acre
per year for the period from June 1, 1983 to
May 31, 2008;
\,
(c) In the event Lessee exercises his option here-
under and renews this leaSE for the additional term
as above provided, the annual rental for said renewal
term shall be One Thousand, One Hundred Thirty-four
Dollars ($1134) per acre per year.
Said annual rentals shall be paid to Lessor by Lessee, annually,
in advance, prior to June 1st of each year of the term of this
lease, or any renewal thereof, commencing with June 1, 1958.
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4. Lessee agrees, at his own cost, to erect upon
the demised premises a building containing not less than ten
thousand (10,000) square feet of ground floor a~ea, in accord-
ance wi~h plans and sRecificat~ons approved by Lessor, and at
a 10c5tlon on the demlsed premlses approved by Lessor and to
complete said building in all respects, for immediate'occupancy,
on or before January 1, 1960, unless prevented by accident or
unav~idable cause, gnd in such case, as soon after such date
as is practical, and that when completed the said building and
premises shall be free from all liens, including mechanic's
liens.
5. Lessee agrees to bear, pay and discharge all
taxes, assessments, duties, imposts, sewer or water rentals,
permit fees, and burdens whatsoever assessed, charged or im-
posed, either by the Nation, State or City, or any other public
authority,upon the demised premises, or any structures or
property thereon, or business conducted thereon, or upon the
owner or occupie~ in respect thereto, except State, City or
County real estate taxes, or special assessments levied against
the land that constitutes the demised premises, which real es-
tate taxes and special assessments Lessor a~sume and agrees to
pay.
6. Lessee agrees not to suffer the demised premises,
during the term of this leaae, or any renewal thereof, to be-
come subject to any lien or encumbrance whatsoever, without
the written consent of Lessor; it being expressly agreed that
Lessee shall not in any event have authority to create any
lien, charge or encumbrance upon the land constituting the de-
mised premises.
7. Lessee agrees to keep the demised premises and
structures thereon in a neat and orderly condition at all times
and maintain the building and structures, including the drains
and sewers thereon, at all times in ~od condition and repair.
8. Lessee agrees to extend all necessary water and
sewer service, and other required utilities, to the demised
premises at Lessee's expense.
9. Lessee agrees to use the demised premises only
as a site for a bowling alley establishment, or other similar
recreational activity, with allied services proper to the
operation of the activity.
10. It is agreed between the parties hereto that
the following restrictions apply to the demised premises and
Lessee agrees to comply therewith:
(a) Materials, supplies and refuse stored on the pre-
mises shall be stacked in orderly piles or kept in
suitable containers;
(b} Lessee shall construct no underground structures
below the depth of fifteen (15) feet and shall sink
no w~lls, or perform.any other act which might destroy,
damage, or interfere with the subterranean water supply
underlying the area, without first obtaining the written
permission of the City Water Department so to do;
(c) No noxious or offensive trade or activity shall
be carried on on the demised premis2s, nor shall any-
thing be done thereon which may be or become a nuisance
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to the surrounding area by reason of unsightliness or
the offensive emission of odors, dust, fumes, smoke or
nois e;
(d) No building, structure or portion thereof erected,
converted or moved onto the demised premises, shall be
used as a dwelling, except living quarters used by a
watchman or custodian. .
11.Lessee agrees to comply with all applicable State,
Federal or municipal Statutes, Laws or regulations during the
term of this lease with regard to his operation of the demised
premises and not to make or suffer any unlawful activity
th ereon.
12. Upon the expiration of the term of this .lease,
or any renewal thereof, Lessee agrees to surrender up the de-
mised premises, with all buildings erected thereon, and addi-
tions thereto, in good condition and repair, reasonable wear
and tecir by the elements excepted.
. 13. If Lessee shall make default in the payment of
the rentals hereunder, or any part thereof, or shall make de-
fault in any of the other covenants herein contained, and
such default shall continue for a period of thirty (30) days
after 1'lritten not ice thereof, mailed to Lessee at his address
stated in the preamble hereof, then Lessor shall, in addition
to the other remedies provided by Law, have the right, at its
option, to declare the term of this lease ended, and to re-
enter the leased premises, with or without process of law, and
expel and remove Lessee or any persons, in or upon the same,
using such force as may be necessary under the circumstances,
and, in that event Lessee agrees to surrender and deliver up
the demised premises peaceably to Lessor. It is further agreed
that the waiver of any breach of any clause of this lease by
Lessor shall not constitute a waiver of any,subsequent breach.
14. Lessor, through its duly authorized agents,
shall have the right to enter upon the demised premises at
at any reasonable time to inspect the same.
15. In the event sidewalks are constructed along
the demised premises, Lessee agrees to clear the snow and
ice therefrom and to keep the same in good repair and free
from nuisance, and to save the City of Dubuque harmless from
any breach of this obligation.
16. Lessee agrees to procure and maintain in force
during the term of this +ease and any extension hereof, a policy
of liability insurance with the City of Dubuque and its Hoard
of Dock Commissioners named as addi_tional insureds in a company
authorized to do business in Iowa ,-,insu,ring against any lia-
bility arising out of-'the use, occupancy or condition of the
demised premises in amounts not less than Twenty-five Thousand
Dollars ($25,000) personal injury to anyone person; One Hundred
Thousa-nd Dollars ($100,000) person,?-l .injury in anyone accident,
and Twenty-five Thousand Dollars ($25,000) property damage in-
surance. Said policy shall provide that the same may not be
cancelled without ten (10) days prior notice to the City and
a copy of the current po+icy shall be deposited with Lessor.
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17. This lease ma1C~ssigned or sublet by Lessee
only upon written approval of Lessor endorsed hereon.
18. Upon the termination of this lease for any
cause, except the mutual agreement of the parties, the build-
ing provided for in Paragraph 4 hereof shall beco~e the pro-
perty of Lessor.
CITY OF DUBUQUE
Lessor,
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Its
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ADDENDUM TO LEASE AGREE~lliNT
THIS ADDENDUM, dated the / ~~ day of Q~...--<_
1973, being an Addendum to Lease and Agreement ~ntered into on
A~ril 14, 1964 by and between the CITY OF DUBUQUE, IOWA, a
municici~al cor~oration, and through its BOARD OF DOCK CO~L~ISSIONERS
and RIVERSIDE BOWL, INC. ~roviding for the lease of the following
descr ibed real estate, to-wit: in Block 2 in "River Front Subdivision No.3"
in the City of Dubuque, Iowa, being comprised and made up of a tract of land
commencing at the extreme northerly corner of said Block 2, being the point of
beginning, thence
South 490 27' East, 61.29 feet along the southwesterly street line of Hawthorne Street
to the northwesterly line of Lease No. 2 in said Block 2, thence
South 44! 01' West, 300.00 feet, along said northwesterly line of Lease No.2 in said
Block 2, thence
North 490 07' West, 82.28 feet, in line with the soutpwesterly line extended of
Lease No. 2 in said Block 2 to the southeasterly street line of Kerper Boulevard, ThencE
North 48000' East, 301.49 feet along said southeasterly street line of Kerper Boulevard
to point of beginning, and contains 0.4934 acres~
WITNESSETH:
1. Lease and Agreement by and between the parties hereto,
dated April 14,1964, be and the same is hereby amended by
adding the following Addendum thereto which consists of simply
increasing the premises demised as above described.
2. Said Lease of April 14, 1964 as to rental and all other
terms and provisions is herewith ratified and affirmed and same
shall apply to the parcel herein described.
3. In all other respects, tre Lease and Agreement dated
the 14th day of April, 1964 be and the same is hereby ratified and
confirmed.
4.
~~
I
That the Lease rental prorated from the.~
, 19?~ to the .st17'~ day of
and the same is hereby fixed in the amount
CITY OF DUBUQUE, IOWA,
a municipal corporation, LESSOR,
By:w~.~.Ik~
.~
BY: /
BY: (M . .
Its Board of "Dock Commissioners
RIVERSIDE BOWL, INC.,
Cor~oration, LESSEE,
BY: (Q. "Q:..,Q,i
rts President
BY: Itsq~~!;~1;y
.an Iowa
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ADDENDUM TO LEASE AGREEMENT
THIS ADDENDUM, dated the /?~ day of ~
1973, being an Addendum to Lease and Agreement entered into on
April 14, 1964 by and between the CITY OF DUBUQUE, IOWA, a
municic~pal corporation, and through its BOARD OF DOCK COMMISSIONERS
and RIVERSIDE BOWL, INC. providing for the lease of the following
described real estate, to-wit a in alock 2 in "Idver front "";ubdivision No.3"
in the City of Dubuqu" Iowa, bein~ comprised and made up of a tract of land
commencing at the extreme northerly corner of said Block 2, being the point of
beginning, thence
South 490 27' East, 61.29 feet along the southwesterly street line of Hawthorne Street
to the northwesterly line of Lease No. 2 in said Block 2, thence
South 44! 01' West, 300.00 feet, along said northwester11 line of Lease No.2 in said
Block 2, thence
North 49u 07' "jest, 82.28 feet, in line with the southwester11 line extended of
Lease No. 2 in said Block 2 to the eoutheaster1y street line of Kerper Boulevard, Thence
North 48000' East, 301.49 feet llong said southeasterly street line of Kerper Boulevard
to point of begL~~ing, and c~~tains 0.4934 acres~
WITNESSETHa
1. Lease and Agreement by and between the parties hereto,
dated April 14,1964, be and the same is hereby amended by
adding the following Addendum thereto which consists of simply
increasing the premises demised as above described.
2. Said Lease of April 14, 1964 as to rental and all other
terms and provisions is herewith ratified and affirmed and same
shall apply to the parcel herein described.
3. In all other respects, tre Lease and Agreement dated
the 14th day of April, 1964 be and the same is hereby ratified and
confirmed.
11__ _~. That the Lease rental prorated from the /9~ day of
~==:: , l'9.?~ to the ,..:!iO~ day of ~ '
19 -? t/ be and the same is hereby fixed in the amount of ..3 Y';:!j, ~ .
CITY OF DUBUQUE, IOWA,
a municipal corporation, LESSOR,
BY' W:u.:,^,", P . IN ~~t-
BYI~
( . -
En(a ' .
Its . ard of Dock Commissiooers
RIVERSIDE BOWL, INC., an Iowa
cor~ation. LESSEE'~
BY' .B~~ <Ut "L
Its Pr Si~ .
BYa ~J. M-u..1
Its Se retary .'