Dubuque by Carriage_Ninth Lease AmendmentMasterpiece on the Mississippi
Dubuque
bierd
All-America City
1
2007
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Ninth Amendment to Lease Agreement with Dubuque By Carriage
DATE: February 14, 2012
Economic Development Director Dave Heiar is recommending City Council approval of
a Ninth Amendment to the Lease Agreement with Colleen B. Lindstrom d /b /a Dubuque
By Carriage to extend the original lease of the former Dock Board building located at the
terminus of Commercial Street for a two -year period. The City plans to reconstruct 7th
and Commercial Streets, which will impact access to the leased premises through the
next couple of seasons for the tenant. Therefore, no increase in the rental rate has
been proposed.
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, City Attorney
Cindy Steinhauser, Assistant City Manager
David Heiar, Economic Development Director
Masterpiece on the Mississippi
Dubuque
All-America City
1
2007
TO: Michael Van Milligen, City Manager
FROM: David Heiar, Economic Development Director
DATE: February 14, 2012
SUBJECT: Ninth Amendment to Lease Agreement with Dubuque By Carriage
INTRODUCTION
This memorandum presents for City Council review and approval a Ninth Amendment
to the Lease Agreement with Colleen B. Lindstrom d /b /a Dubuque By Carriage to
extend the original lease of the former Dock Board building located at the terminus of
Commercial Street for a two -year period.
DISCUSSION
On April 27, 2001, the City Council entered into a one -year Lease Agreement with
Colleen Lindstrom to operate a carriage business (formerly Rustic Hills Carriage Tours)
from the former Dock Board building. The business was relocated to the City -owned
building due to the purchase and demolition of Fischer Companies property along the
riverfront in the Port of Dubuque to accommodate the new Grand Harbor Resort and
Waterpark.
The City has continued to lease the building to the business on a year -to -year basis.
The proposed lease amendment extends the lease for a two -year period, from May 1,
2012 to April 30, 2014. At each renewal, the City evaluates the need to amend the
terms and conditions of the lease. The City plans to reconstruct 7th and Commercial
Streets, which will impact access to the leased premises through the next couple of
seasons for the tenant. Therefore, no increase in the rental rate has been proposed.
RECOMMENDATION
I recommend the City Council approve the Ninth Amendment to the Lease Agreement
between the City of Dubuque and Colleen B. Lindstrom d /b /a Dubuque By Carriage for
the former Dock Board building in support of a unique tourism - related business
operating in the Port of Dubuque and downtown.
ACTION STEP
The action step for the City Council is to authorize the City Manager to sign the lease
amendment.
Attachment
F: \USERS \Econ Dev \Dubuque By Carriage \9th Amendment Memo.doc
NINTH AMENDMENT
TO
LEASE AGREEMENT
BETWEEN THE CITY OF DUBUQUE, IOWA
AND
COLLEEN B. LINDSTROM d /b /a DUBUQUE BY CARRIAGE
This Ninth Amendment to Lease Agreement between the City of Dubuque, Iowa
(Lessor) and Colleen B. Lindstrom f /k/a Colleen Bradley d /b /a Dubuque By Carriage
(Lessee) is made as of the , day of February, 2012.
WHEREAS Lessor and Lessee entered into a Lease Agreement dated April 27, 2001,
and subsequent eighth Amendment to Lease Agreement dated February 2010, which Lease
Agreement as amended expires April 30, 2012; and
WHEREAS Lessor and Lessee desire to extend the term of the Lease Agreement.
NOW, THEREFORE, IT IS AGREED BY AND BETWEEN LESSOR AND LESSEE AS
FOLLOWS:
1. The first paragraph of Article I of the Lease Agreement is hereby amended to read as
follows:
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 described in Exhibit A attached to and made a part of
this Lease, together with any and all easements and appurtenances thereto and
subject to any easements that are restrictions of record (the "Demised
Premises ") to have and to hold for a term of two years commencing on the 1st
day of May, 2012, and terminating at 11:59 p.m. on the 30th day of April, 2014,
subject to all of the terms, covenants, conditions and agreements contained
herein.
2. All other terms of the Lease Agreement and previous amendments shall remain in
full force and effect.
IN WITNESS WHEREOF, the parties have caused this Ninth Amendment to Lease
Agreement to be executed as of the day and year first above written.
LESSOR: LESSEE:
CITY OF DUBUCJJE, IOWA DUBUQUE BY CARRIAGE
By / �_ By
Michael C. Van Milligen Colleen B. Lindstrom
City Manager Owner
F: \USERS \Econ Dev \Dubuque By Carriage\20120125_Lease 9th Amendment - 2 year.doc