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Dubuque Terminals Amendment to Lease AgreementMasterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Dubuque Terminals, Inc. Lease Amendment DATE: November 28, 2011 Dubuque kard All- America City I 2007 Economic Development Director Dave Heiar recommends City Council approval of the First Amendment to the Lease Agreement between the City of Dubuque, Iowa, and Dubuque Terminals, Inc. (The Ice Harbor Lease). The First Amendment to the lease will allow Dubuque Terminals, Inc. the right to use the shoreline of Parcel B at anytime (not just when the harbor gates are closed), but only for the purpose of docking, loading and unloading vessels or barges. The amendment also provides for Dubuque Terminals, Inc. to pay the City rent for use of the Parcel B shoreline in the amount of $29,500 per year in twelve equal monthly installments commencing on the 15th day of March, 2012, and on the 1st day of each month thereafter during the term. This lease amendment would also extend the term of the lease by six months from June 30, 2014 to December 31, 2014. All other terms of the lease would remain as previously agreed. I concur with the recommendation and respectfully request Mayor and City Council approval. dtit)144 (4-117;45 Michael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager David J. Heiar, Economic Development Director Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manger FROM: David J. Heiar, Economic Development Director RE: Dubuque Terminals, Inc. Lease Amendment DATE: November 28, 2011 Dubuque kEttd All-America City '1111' 2007 INTRODUCTION This memorandum presents for City Council review and approval of the First Amendment to the Lease Agreement between the City of Dubuque, Iowa and Dubuque Terminals, Inc. (The Ice Harbor Lease). DISCUSSION On May 3, 2010, the City entered into a four year lease with Dubuque Terminals, Inc. for real property shown on Exhibit A from March 1, 2010 to June 30, 2014. One of the terms of the four year lease is that Dubuque Terminals, Inc. shall have the right to use the shoreline along Parcel B only when the gates to the Ice Harbor are closed due to flooding and only for the purpose of docking vessels or barges. The lease also provides that Dubuque Terminals, Inc. will pay rent for the use of the Parcel B shoreline in the amount of $350 per day or any part of a day. The First Amendment to the lease provides for amending Section 2.2 of the lease to allow Dubuque Terminals, Inc. the right to use the shoreline shown along Parcel B at anytime (not just when the harbor gates are closed), but only for the purpose of docking, loading and unloading vessels or barges. The amendment also provides for Dubuque Terminals, Inc. to pay the City rent for use of the Parcel B shoreline in the amount of $29,500 per year in twelve equal monthly installments commencing on the 15th day of March, 2012, and on the 1st day of each month thereafter during the term. This lease amendment would also extend the term of the lease by six months from June 30, 2014 to December 31, 2014. All other terms of the lease would remain as previously agreed. Exhibit A — Lease Parcels A and B to the Lease is deleted and is substituted with Exhibit A attached to the First Amendment. The proposed First Amendment to the Lease Agreement is attached. RECOMMENDATION /ACTION STEP I recommend that the City Council approve the First Amendment to the Lease Agreement with Dubuque Terminals, Inc. (The Ice Harbor Lease) and authorize the City Manager to sign the First Amendment to the Lease Agreement. Attachments F: \USERS \Econ Dev \Newt \Ice Harbor\20111128_ Newt 1st Amendment Lease Council Memo.doc EXHIBIT A LEASE PARCELS A AND B 17 18 Prepared by David J. Heiar, 50 West 13th Street, Dubuque, IA 52001 563 - 589 -4393 RESOLUTION NO. 401 -11 RESOLUTION APPROVING A FIRST AMENDMENT TO THE LEASE AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND DUBUQUE TERMINALS, INC. WHEREAS, the City of Dubuque, Iowa (City) owns the real property shown on Exhibit A in the City of Dubuque, Iowa; and WHEREAS, City and Dubuque Terminals, Inc. have negotiated a 4 year Lease Agreement for said real property, a copy of which Lease Agreement is on file at the office of the City Clerk, City Hall, 13th and Central Avenue, Dubuque, Iowa; and WHEREAS, City and Dubuque Terminals, Inc. have agreed to extend the term of the lease by six months; and WHEREAS, City and Dubuque Terminals, Inc. have agreed to amend Section 2.2 of the Lease Agreement, to allow Dubuque Terminals, Inc. the right to use the shoreline along Parcel B at anytime for the purpose of docking, loading and unloading vessels or barges; and WHEREAS, City and Dubuque Terminals, Inc. have agreed to amend the rent payments to the City for use of the Parcel B shoreline from a per day fee to twelve equal monthly installments; and WHEREAS, the City Council believes it is in the best interests of the City of Dubuque to approve the First Amendment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The First Amendment between City and Dubuque Terminals, Inc. is hereby approved and the City Manager is authorized to execute said amendment on behalf of the City of Dubuque. Passed, approved and adopted this 5th day of December, 2011. Attes evin S. irnstahl, City Clerk F: \USERS \Econ Dev\Newl \Ice Harbor\20111128_ Reso for Approv 1st Amend to Ice Harbor Lease.doc FIRST AMENDMENT TO LEASE AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND DUBUQUE TERMINALS, INC. (The Ice Harbor Lease) This First Amendment to Lease Agreement (the Lease), dated for reference purposes this 5th day of December , 2011, is made and entered into by and between the City of Dubuque, Iowa, an Iowa municipal corporation (Lessor), and Dubuque Terminals, Inc., an Iowa corporation (Lessee). Whereas, Lessor and Lessee entered into the Lease, dated May 3, 2010; and Whereas, Lessor and Lessee desire to amend the Lease as set forth herein. NOW, THEREFORE, IT IS AGREED BY AND BETWEEN LESSOR AND LESSEE AS FOLLOWS: 1. Section 1 of the Lease is amended to read as follows: SECTION 1. DEMISE AND TERM. In consideration of the rents hereinafter reserved and the terms, covenants, conditions and agreements set forth in this Lease, Lessor hereby leases to Lessee the real property shown on Exhibit A (collectively the Demised Premises), to have and to hold for an initial term commencing as of the 1st day of March, 2010, and ending at midnight on the 31st day of December, 2014 (the Term), subject to all of the terms, covenants, conditions and agreements contained herein. Expiration of this lease after 4 years is contingent upon acquisition of the Dove Harbor Lease, as attached hereto. If the Dove Harbor Demised Premises are not available as required by the Dove Harbor Lease, at no fault of Lessee, the Term of this Ice Harbor Lease shall be extended to midnight on the 30th day of June, 2015 on the same terms and conditions herein. 2. Section 2 of the Lease is amended to read as follows: SECTION 2. RENT, TAXES, AND OTHER PAYMENTS. 2.1. Rent. (1) Parcel A. Lessee shall pay Lessor, in addition to taxes, fees, rates, charges, levies, assessments, and all other charges required to be paid under this Lease by Lessee, rent for Parcel A in the amount of $100,000.00 per year, in twelve equal monthly payments commencing on the 1st day of July, 2010 and on 110411baI the first day of each month thereafter during the Term. (2) Parcel B. Lessee shall have the right to use the shoreline shown along Parcel B but only for the purpose of docking, loading and unloading vessels or barges. Lessee shall pay Lessor rent for use of the Parcel B shoreline in the amount of $29,500.00 per year in twelve equal monthly installments commencing on the 151" day of March, 2012, and on the 1' day of each month thereafter during the Term. 3. Exhibit A attached to the Lease is hereby deleted and Exhibit A attached to this First Amendment is substituted in lieu thereof. 4. All other terms and conditions of the Lease shall remain in full force and effect. LESSOR: LESSEE: CITY OF DUBUQUE, IOWA DUBUQUE TE INALS, INC. By: OLI Roy D.,,:, uol, Mayor Attest: JA rd ,d%g.rZgr4lr v n S. Firnstahl, City Clerk 2 By: Ga Newt, eside By. % % / / /I�, er'-� Access Easement illChannel Lease Area Ice Harbor Lease Area City of Dubuque di Newt Dubuque Terminals DRBE Properties