Loading...
Dubuque Marina Lease and Agreement Amendment , # . .. , . . . r , II' .:,. ~ ~. RESOLUTION NO. 134 -99 RESOLUTION OF INTENT TO DISPOSE OF AN INTEREST IN REAL PROPERTY BY AMENDMENT TO LEASE WITH DUBUQUE MARINA, INC. WHEREAS, the City of Dubuque, Iowa (City) leases certain real property to Dubuque Marina, Inc. (Marina) as set forth in a Lease and Agreement, dated October 29, 1956, as amended, which Lease and Agreement are attached hereto; AND WHEREAS, the term of the Lease and Agreement ends on December 31, 2023; AND WHEREAS, Keith Kann (Kann) and Mary Wilhelm (Wilhelm) desire to enter into an agreement for the purchase of the assets of Marina, including the Lease and Agreement, but only on the condition that the term of the Lease and Agreement be extended to December 31, 2028; AND WHEREAS, City is amenable to extending the term of the Lease on the condition Kann and Wilhelm purchase the assets of Marina on terms acceptable to City and on the further condition that the annual rent during the lease extension shall be fair market rent. NOW, THEREFORE, BE IT RESOL YED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City of Dubuque, Iowa, intends to dispose of its interest in the foregoing-described real property by amendment to the Lease and Agreement, a copy of which amendment is attached hereto, extending the term of the Lease and Agreement from December 31, 2023, to December 31, 2028, it being an express condition of such amendment that Keith Kann and Mary Wilhelm shall purchase the assets of Dubuque Marina, Inc. and Dubuque Marina, Inc. shall assign the Lease and Agreement to Keith Kann and Mary WiIhlem by not later than the 1 st day of May, 1999, upon terms acceptable to City Section 2. The City Clerk is hereby authorized and directed to cause this Resolution and a notice to be published as prescribed by Iowa Code Section 364.7 of a public hearing on the City's intent to dispose of the foregoing-described real property, to be held on the 5th day of April , 1999, at 7:00 o'clock p.m. at the public library auditorium, 11th & Locust, Dubuque, Iowa. Passed, approved and adopted this 15 daYOfM;:r~ _ / Terr. Duggan, Mayor Attest: 11.~ . Davis, City Clerk . . . ..' ~., ....~.- AMENDMENT TO LEASE AND AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND DUBUQUE MARINA, INC. This Amendment to Lease and Agreement dated October 29, 1956, as amended, between the City of Dubuque, Iowa (City) and Dubuque Marina, Inc. (Marina) is made and entered into this _day of , 1999. WHEREAS, City and Marina entered into a Lease and Agreement dated October 29, 1956, which Lease and Agreement have been amended from time to time, including an Amendment to Lease dated October 29, 1956 which granted to Marina an option to extend the Lease and Agreement to December 31, 2023; AND WHEREAS, Marina has exercised its option to extend the Lease and Agreement to December 31, 2023; AND WHEREAS, City and Marina now desire to further amend the Lease and Agreement as set forth herein. NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS: 1. The term of the Lease and Agreement is hereby extended from December 31, 2023 to December 31, 2028. 2. For the period commencing on January 1,2024 and ending on December 31, 2028, the annual rent for the leased premises shall be at then current fair market rates as agreed by the parties or as determined by the following process. If the parties cannot agree to a fair market rental rate at least ninety (90) days prior to December 31, 2023, they shall jointly appoint an MAl real estate appraiser to determine the market rent. If the parties cannot agree on an appraiser, each shall appoint its own MAl appraiser and the two appointed by the parties shall select a third. The average of the fair market rents determined by the three appraisers shall be the annual rent for the period commencing on January 1, 2024 and ending on December 31, 2028. The annual rent shall be paid not later than the _ day of of each year beginning in 2024. 3. This amendment is conditioned upon and shall not take effect until the closing of the purchase of the assets of Dubuque Marina, Inc. by Keith Kann and Mary Wilhelm and after due execution and assignment of the Lease and Agreement by Dubuque Marina, Inc., to Keith Kann and Mary Wilhelm. In the event that the sale of the assets of Dubuque Marina, Inc. to Keith Kann and Mary Wilhelm or the assignment of the Lease .. . ,," ,.: --, . and Agreement fails to close by the 1st day of May, 1999, then this amendment shall be of no force or effect. 4. All other terms and conditions of the Lease and Agreement, as amended, shall remain in full force and effect. CITY OF DUBUQUE, lOW A DUBUQUE MARINA, INC. By Terrance M. Duggan, Mayor By Its Attest Mary A. Davis, City Clerk By Its ,~ . \\ .\ :Y\ \. . \ \ .,.t l j It \ \ I ji .dJ ~l ~'.') \ " \ \ '.~ \.:;.. '\ \" \" l \'~ \]i' \.: \. , \ \, , \ . . . . -., CITY OF DUBUQUE, IOWA OFFICIAL NOTICE NOTICE is hereby given that the Dubuque City Council will conduct a public hearing at a meeting to commence at 7:00 P.M. on April 5, 1999 in the Public Library Auditorium for the purpose to consider disposing of City's interest in real property described as "A tract of land located on the south side of the Pleasure Boat Harbor in the City, together with the exclusive right to moor boats and floats along the entire waterfront of the Pleasure Boat Harbor and right of access in common with the public to the harbor slopes" by amending the Lease and Agreement dated October 29, 1956, by extending the terms of the Lease and Agreement from December 31,2023, to December 31, 2028. It is the express condition of such amendment that Keith Kann and Mary Wilhelm shall purchase the assets of Dubuque Marina, Inc. and Dubuque Marina, Inc. shall assign the Lease and Agreement to Keith Kann and Mary Wilhelm by not later than the 1 st day of May, 1999, upon terms acceptable to City. (Copy of related documents are on file in their entirety at the City Clerk's Office and may be viewed during normal working hours). Written comments regarding above amendment may be submitted to the City Clerk on or before time of public hearing. At said time and place of public hearing, all interested citizens will be given an opportunity to be heard for or against said amendment. Any visual or hearing impaired persons needing special assistance or persons with special accessibility needs should contact the City Clerk's Office at (319) 589-4120 or TDD (319) 589-4193 in the Human Rights Department at least 48 hours prior to the meeting. Published by order of the City Council given on the 15th day of March, 1999. Mary A. Davis, CMC City Clerk 1 t 3/26 - RESOLUTION NO. -99 RESOLUTION OF INTENT TO DISPOSE OF AN INTEREST IN REAL PROPERTY BY AMENDMENT TO LEASE WIlli DUBUQ RINA, INe. WHEREAS, the City of D buque, Iowa (City) lea s certain real property to Dubuque Marina, Inc. (Marina) as se forth in a Lease an 1\greement, dated October 29, 1956, as amended, which Lease and A ement are attac d hereto; AND WHEREAS, Keith Kann (KannJ d Mary Wilhelm (Wilhelm) desire to enter into an agreement for the purchase of Marin ut only on the condition that the term of the Lease and Agreement be extended to Dece ber 1,2028; tending the term of the Lease on the terms acceptable to City and on the extension shall be fair market rent. . NOW, TIIEREFORE, B CITY OF DUBUQUE, IOWA: Y THE CITY COUNCIL OF THE Section 1. The City f Dubuque, Iowa, inten s to dispose of its interest in the foregoing-described real pr erty by amendment to th Lease and Agreement, a copy of which amendment is attac d hereto, extending the term of the Lease and Agreement from December 31, 2023, to ecember 31, 2028, it bein an express condition of such amendment that Keith K and Mary Wilhelm ~hall purc ase Dubuque Marina, Inc. by not later than the _day of , 1999, upon terms accepta Ie to City Section 2. Th City Clerk is hereby authorized and di cted to cause this Resolution and a notice to be p blished as prescribed by Iowa Code Secfon 364.7 of a public hearing on the City's inten to dispose of the foregoing-described real roperty, to be held on the day of 1999, at 7:00 o'clock .m. at the public library auditorium, 11 th Locust, Dubuque, Iowa. day of Attest: . Mary A. Davis, City Clerk . . . AMENDMENT TO LEASE AND AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND DUBUQUE MARINA, INC. This Amendment to Lease and Agreement dated October 29, 1956, as amended, between the City of Dubuque, Iowa (City) and Dubuque Marina, Inc. (Marina) is made and entered into this _day of , 1999. WHEREAS, City and Marina entered into a Lease and Agreement dated October 29, 1956, which Lease and Agreement have been amended from time to time, including an Amendment to Lease dated October 29, 1956 which granted to Marina an option to extend the Lease and Agreement to December 31,2023; AND WHEREAS, Marina has exercised its option to extend the Lease and Agreement to December 31, 2023; AND WHEREAS, City and Marina now desire to further amend the Lease and Agreement as set forth herein. NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS: 1. The term of the Lease and Agreement is hereby extended from December 31, 2023 to December 31, 2028. 2. For the period commencing on January 1,2024 and ending on December 31, 2028, the annual rent for the leased premises shall be at then current fair market rates as agreed by the parties or as determined by the following process. If the parties cannot agree to a fair market rental rate at least ninety (90) days prior to December 31, 2023, they shall jointly appoint an MAl real estate appraiser to determine the market rent. If the parties cannot agree on an appraiser, each shall appoint its own MA~ appraiser and the two appointed by the parties shall select a third. The average of the fair market rents determined by the three appraisers shall be the annual rent for the period commencing on January 1,2024 and ending on December 31, 2028. The annual rent shall be paid not later than the _ day of of each year beginning in 2024. 3. This amendment is conditioned upon and shall not take effect until the closing of the purchase of Dubuque Marina, Inc. by Keith Kann and Mary Wilhelm after due execution by Dubuque Marina, Inc., Keith Kann and Mary Wilhelm. In the event that the sale of Dubuque Marina, Inc. to Keith Kann and Mary Wilhelm fails to close by the _ day of , 1999, then this amendment shall be of no force or effect. . . . 4. All other terms and conditions of the Lease and Agreement, as amended, shall remain in full force and effect. CITY OF DUBUQUE, IOWA DUBUQUE MARINA, INC. By Terrance M. Duggan, Mayor By Its Attest By Its Mary A. Davis, City Clerk . \ tJiODIrIC.-.TI0N 02 L..!,i\;)~ Whereds, the parties hereto, on October 29, 1956, entered into a lease and agreement concerning the leasing of property therein desc:ibed, and generally known a3 the "Pleasure Boat Harbor"; and Where~3, under the provisions of Paragraph 7b of said Lease the Lessor agreed to provide a water inlet fora boat hoist 16' x 4g, in size, near the south side of the harDor mouth, prior to May 1st, 1957; and Vihereas, due to shortage of sheet steel pi.~.tn6 Le~r -n will De unable to provide said boat well prior to ~~ l?--:Z~r~ 1951; and . _;7. ~.. q,j/t :.rf7/. , Vlhereas, in order to provide for the effective use of dt., /:. said boat \>Ie11. Lessee desires to increase the lea sed area to / include a strip forty-five feet (45') wide and two hundred feet :i (200') long, designated as Tract 8 on the attached plan; and Where~s, the parties are desirous of entering into an agreement to provide for the modification of said lease to accomplish the above st~ted objectives; N(lI" Th;:;n,,;FLl,U;, IT IS !.!UTUALLY AGR..;t;U, between the parties hereto as follows: . 1. Tha t the lea sed area under the lea se described in the preamble hereof( shall include the tract of land two hundred feet long (200'/ and forty-five feet (45') wide, designatedas "Tract B" on the attached plan; tion 2. That the time for t he performance of Les~or I s obliga- unMr Cla,:se ~b. of said Lease and Agreement is extended J/{!;,C ?-l' -7'1 '0 - t' -:: -H1t. 19567 , . / f::1I ,So'". ;2,.,11-1..0"y of iJf.t!!'K'l(tt.'1l..~ to Dated at Dubuque, Io~a, this A.D. 1957. GITY lit' 1JlJ{jiJ;...U.~, 10\1/;" Lessor, By f.L:'-/L l-,-~r.-l.-..'-(~( ( J\. 1;'. fvlcDona 1_~1 ~ ((~-:l . (Fre~'N~~~;i :::;: .,/:;::::; 0,- .., . '/ ~ ''(;./ (Frank L. Wagner) ,- Its Board of Dock Commi:;3iuners 1JUoU,-<U~_\'Ir,Rli\A INC., Lessee, L .'/ '!>"7.:.t {/ tJy '..J'-<:' c' 1/ /;:;.Iu-?~' (George V. ~~bert , /) C\ '~ . < ,/ / -~..,~v.:.'W' V" (/ \ OtJ.;j/ .., (T.B.Roshek) . ( Olem . iUEND;.iE::IT '1'(: LSA~" Tal;; ..G.U::;;..LEN',' .entered int.::. bi' ;;.nJ net\"een .::;ity 0': Dubuc;ue 101":!. g~c)lJ";h its o;)"rd oi ue"c:: ";.:;:-,~,i3sion~rs. as first ..>arty, an:i u'..lb'.1qu€' ;~ri;~3, Inc., as .:.~c:':0nd c'eaI'ty, d...:> i,ereb~l a'r.enc.i the written Le~se entered into ~y anJ between the2artics hereto, elated Gctob~r 2j, U:>6; :.,j{' 'r;E.U::-';);~.: ror SJ.)d and vc.luable consiueration, recei?t ,.:hereof is ;lere'.'!ith a:::aloIJle.::.,cJ br ,,'irst ..arty trom .:itl'.::ond Party and for and in c~nsid~rati0n of t~e mutual convenants herein to be l:e?t a:1d ~aintLJi:1Gd by the; flurtiGil herato. said writtan Lease Ar~reement bearing date- 3':: 0;;tober 2,), 1.:66 be and tha sa.ne is her&by amended in t;le .:ollmJinS; ~Mrticula1:s: 1. That the preamble thereol be and the same is herebi' a:1cnded by uddin:; the ':0 1 lOIJir.g , to-wit: "'fra<.:t "C"and 'l'ra;;:t "D" L)cated in the easterly end cf the .'lcas'.lre X.::lt Harbor in the City 0;: DubuCjU'3, 1:;''',1 i\WJ .Jcl uutlin':;d ill 1:.eJ <.ill Lhe re!;?c;;tive ,;;<nibits :\.3r ~ed II JIt and 110". U 2. "Less~r does ~ereby leade to Lessee the dc~~sed ~re~i~es hcrei!1~efore described,to havE: <lIlC to h<lld the saLle f')r t':1e ?eriod of ",,"0 yed:s COi\..;,cn.:if1'j \vLth the k-L-.]ay oj; , 1,; 7~ and ending on i:he ~~ (hy of , l')~_." ~-~<- Jt;l" ".-}; -,. >-- . 3. 3aid ~ease is hJrecy a~ended by 8tri~ing ~aragra?h 2 tt.er~c:-, an::! ins;;;rtin':1 i:: li.eu th8r~J':: .. 2 !..'~33,~E: is herc~~' ',;rant.:lj tile o,ltion 01: renewl.n0 the Lease .:_': an :lJdi.ticn",l ?erio.;d .)f ..::J~CJ years commending on che ./.~./- da'J :.;.: ";;:>'-"-L- . , 11~ c.n-i ending 011 the 3/~ day':.;E - .G't~ ,l=#-""C..:<..J .mder t:hc ,;a.,l..: ter"ls and coniitions ad ~rovided herein by siving Lessor written netice 0: its exercise o~ 5u=h u?tion ~t least ~ixty (60) dc.ys prior to the C~- pir3ti:m :1: the ,.:.::isin.:11 cer:.l oE this lease." IN VITrTESS j'lHEREOF the oC!rties hereto ililve caused the clue exe-::1..1ti...:ln 0: thi.~: :",";;rc:\~~.~:\t: tili~ //.<./, rJaj-' O('2<.:.-'L-C..... 1':.'73. ~ 121'1'': liF !)UiJUtUE, lO;";~, Li~ssor, ,98;b 5QO,~^,,\ r>.' .~ Its Board Gf Dock C'.);r,missionara DUBU~ll\. ;<.EiA, Il,C., r.es~e, - L ~- BY{~~~7 ~~ ?/Jld.# (/ ;/.4/~- . . . . . -/' AGR~l!;f<iENT This Agreement entered into by and between the ~ITY OF UUoUQU~, IO~A, through its Hoard of Dock Commissilners, as First Party, and Dubuque Marina, Inc., as SecOnd Party, wIT ~ ~ S S ~ T H Whereas, the parties hereto have heretofore entered into a le8se anQ agreement for a tract of land located on the south side of the aea~ureHoat Harbor in the City of Dubuque, which lease is dated ~_-'<!.:'r"-<""'l' JL. ,1956; and Whereas, the saia lease provides for a term of ten (10) years, commencing January 1, 1957 and ending December 31, 1966, with a renewal option for an additional period of ten TInT years, commencing on January I, 1967 and ending on ~_ ber 31, 1976; and Whereas, Second Party desires to erect permanent improvements on the demised premises with an anticipated longevity greater than twenty (20) years and have requested an additional renewal sption of thirty (30) ye~rs from Decem- ber 31, 1976, to protect their investment in said permanent improvements; and ,{{hereas, in consideratiJn of the agreements herein- after set forth, the parties hereto desire to enter into such renewal optionj NOW TH~~~FOR~, IT IS AGR~~U by and oet~een the par- ties hereto as follows: 1. That in the event Second Party has complied with all the terms and conditions of said Lease, and shall not be in default therein, and shall have exer- cised the option granted in Paragraph 2 of said Lease, then and in that event Second Party is granted the option of renewing said lease for an additional period of thirt~ yea~s, commencing on the ~ day of Januart, 1977, ana ena~ng on the 31st day of December, 2006, by giving Lessor written notice. of its exerciseQI such option at least sixty (60) days prior to December ..l!, 1976; 2. In the event Second Party shall exercise the opti~n granted in Paragraph 1 hereof the same terms and conaitions as provided for in the original Lease shall apply, except that commencing with the year 1977 the minimum annual rental shall oe Two Thousand DOIIars (~2,OOOlj --- 3. That effective i~nedi8tely upon the execu- tion of this Agreement, Paragraph ~(1) of the ori- ginal Lease is amended to read as 0 lows: "6 (d) To construct, ius:all and maintain from time to time during the term of the lease, or any extension there~f, such additional boat floats and mooring accomodations as the pUblic demand may from time to time require, which shall be safe, SUbstan- tial and orderly. No b03t houses shall be rermitted. For the purposes of this paragraph the "puolic demand" . . . . '; i I -2- as used herein shall mean the cuolic demand for boat floats and mooring accomoctati;ns at reasonaole rates and charg.:;s as t he same exists on April 1 of each ye ar." II~ WITN~.j~,'ihUi!...Or' the parties hereto have caused the due execution of this Agreement in dupli2ate a~ of the day and year written opposite their names. Dated: (OadL4' d0 /95.G / J~ ,.pt> . if,'}1I/"~, J ;]1. Dated: - 1'<. fI (}~-u'.2t- / tj ,j"K , l.:I cry OF UUDU~U~, IOWA, Lessor I c::.:.: " :'111 --." .. I[,~I "~LC-{L'~(LeLtk , I -,-". ~. --i--- j' ~~ ~ ,(.'/ " . , . ... .-<' . " (:"Cor".. .,. Co.:;'" " ,;./;, '-U ---' ~ . ,~ ,./, /' " : .., r. '. /' By Its Board o'f Dock Commi3sioners, UUDU...U~ 1'Jl..lUl;A, INlJ., Lessee, iL L'~ ,/ I::ly .,,,' '/ . A,,',~ . . ., .. '~ A"~ -r.;"~~" \ ~'~/<";i~"'" ,;;;~~'" ''':''r'"~it.':,)L ....;.'~.:,..; .~,,~'I\ ~.):~,: ..,.... . 'i ' , 'I t,t t '. ., ~1'{.~.'':\!.l) "y 's.' I'i.:.'~,t"'l, ~ of' :;.~~, ,." . , f~i" ":'~'. .' "~'.: .l,h!/','''''.:'-:' ); \I):i;l~,:">">",".' O. .:::;1t~i~~;}1'!.11;;!:,\,~./:'!:::,r;~'" ;' "':';""", .S', ~ ~r~- ,'ilf~JlI'H~':~;C-. ,.\ : . .' 11"~~f~;,r~\''I''li: . . '. .~~l;~'.'.i:r""'''' :., k--~i\:;t: _flNU AllR~;~l!:N1' '. : $:~"'~/~/!;~: . . 1~~;~~'l:;:"': " ", ' .Qt",!:;?; <': I . '. Tl1.1 s Leo se and J\greement made am entered into this ....,.... ...~vJ.. .~ j',~...... . t" /,('. d f l",,~ ..~:.ii.... .. 81 0 ;,':bi ::' 1" -, ...." rr .' ".~ . . '.. , . . .. ',/::~" the CITY OF .lJU~UQU~, IOWA, a municipal.cbrporation of Iowa, ',i ,~956 oy and oetween through its duly autholi. zed Board of Dock Commissiollcrs, here- inafter called "Lessor" ani DuouQue l-Iarina Inc., an Iowa cor- . . poration, whose principal place of business is 804 South Grand- vi~w Avenue, Duouque, Iowa, hereinafter called "Lessee", pro- .' viding for the lease of the following described real estate, hereinafter referred to as the "demised premises", to-wit:, A tract of land located on the south side of the Pleasure 110'at Harbor in the City of Dubuque, IOWlI, as outlined in red on the attached sketch"togethcr with the exclusive right to moor boats and floats along the entire water- front of the Pleasure Boat Harbor and right of access in common with the public to the harbor slopes, WIT~ESSl:.TH: .' ~ .. . 1. Lessor does hereby lease to Lessee the demised , premises hereinbefore described, to have and to hold the same for a period of ten (10) years cOlllmencing with theIst day of January, 1957 and ending on the 31st day of December, 1966. 2. Lesse,e is hel'eby granted the option of renewing this lease for an additional period of ten (10) years corrunenc- ing on the 1st day of January, 1967 an~ ending on the 31st day of December, 1976 under the S3me t.orllls and conditions liS provided herein, by giving Le:;sor written notice of its exer- cise of such option at least sixty (60) days prior to the ex- piration of the original term of this lease. 3. Lessee agrees to pay to Lessor as rental for said premi renLals as follows: (al For the 1957 to 1961 ins.lusi-ve-,--an~' annual rental equal to on .._._ ccn-t:-h~ of the groBs sal es, all her e1n_steLined;-out not an One Thousand Dollars ($1,0001 in anyone yeari .- ~'- . . (b) Fo;~--y_cars 1962 and ea ch year ~fte;,' " '. duripg the term of tlii's-l-e..u..:uL,_ ~-relleWa1 thereOf, . "" the innual rental sha)~~ to one and one- L~:i', :'~:.: half per cent (1.-lk~of the gross sa~s_hereln de- l :<~:':/:". .:....:fined, .9..ut.-nortess than One Thousand UeHara C$Y'OOO) ;.:.' '.' ",:.: in anyone yea. j , '. . "'\ ~ ,." '.-.. _._-_.._~~.....:.~~~. '. . . ...... \: \ .~.'. I .. .'.;,:i;:.,..'" .........,....~:,:.i.,:~,~..~:....;.....:,..:.,..,.,.....,;.:,:.....~..,....~':A.:'~.....,::.,...:.:'..,...;"....'.......:.,'....'.:',..:.;.'l.;.:......".,. ...~.....:,...:...:...~':.....:.,,: ....:..c;....'..... .......:.,::.....,.~,'..:.,.,..:....~...,.:. .......,. ,ri:i,~;~~~~::;:.: ',: · .- . ; ; .. :. ,,; ',.. ,.'"" '.;~~'i,",i;i::~~'.l~~~:t~. 'e; . ~ '(~'~~J"'-:~Ai"~ 'H,' .~, '::<I\;~i~~;'~' /.. .... <":'~\~:'r::"~' '" '''~~Y;i~, :;':';;~:i:..:::::\:~:'..~, ,', ',." l>t,I.".,,~,.:... ,,. ,'. . . .:tl:,~' t.,:, ,,'t ,0 ',' '. . '.. I- :.(ilQ~".'\.~f, .:... .. .:. ; ~j'J ; ~,.,~\t~." I . . . . " ,::t:>. ':, . (C')"n er, in any year dU~he-terrU-;r-~ - -.- ,;!" ,',' leatle 1n which t al.e..s--8'1l herein de1'1ned. shall ;~i eq~l.~: ~~.~~~~tha ren 8 or su'ch-ye-aJ1-.8h@~~. ".:..:.b~ ~.." two per cent (2:') of such gross sales. 4. The rentals herein proy1ded for shall be due and . .....-.-.--- payable as follows: (~y-2.., . Less ee s hal).Jlilpos-H-wit'h'''' Lessor the sum of One Thousand ;la~l,Goo.l-to__secure the payment of the ~.1--dUe Wlder the terms of this---- le~~" --I ,- or before January 30th of each y.ear' during tho term of t . e .or any extcr~orrt;llereof, commenc- ing with January 30. 19 _ -sllall submit to Lessor statement certified-9Y~~certifie u~~i~~tant ehowing the gr~_aJ.es as herein defined during thtipre;::'---\' ceding l.JJlr-,-t;ogetJ1er with a remittance of the rental \ o~uch preceding year. 5. term "grolls sales" as used herein shal~ean and include all ~Sh or' ccrued receipts f~a~f goods, services, or merchandi by ~nd shall in.~~ud '881es or services made by any', f~11 e or SUb-tenant' of ) . which originated in but shall .~eJ. fuels 1 or special motor fuels, or amounts payment of State, Federal or Municipal sales., excise. admis-, sions or entertainment taxes. 6. I., consideration of the lease of sa~d property forth Lessee~rees: ,.~..,,;'" to construct and install a mj"nimum of one hundred " /' ---- (b) Prior to August , I" 0 construct a service building on the leased are fhe service building shall contain toilet and sho acc odations for men and women, a refreshment stand) ~(ore an such other sorvices and oquipment as may ~Ef r cesllary an ndden tal to me et the needs of the E'U:l"i in he operatio of 8 pleasure' craft harbor. ~h i' ing all be a per' nent structure of masonry co ctio .and built in acco with plans approved - of a s 7,e of 2' x 60'. (c~ Prior to June 1st, 1957 to construe..\( a boat main tenance building in accordance w hh plana approved by lesF, prOVided, however, that in the event Le.98.or shall r~uire that such building be of masonry construction. mutually-egreeable provision shall tie made for the pur- chase of s aid building by lessor from lessee upon the terminat ion of the lea se. and the (a) Prior to une 1, 1957 su1'ficient floats to accomodate ( 0) boat s . ." ~ :' 6/lo ~ ,)f . .~~ ;~< I"~ :~:~ .-:..,~" . ..... . ...:"il:~:j"') ','." ~.' '. I . .It..S~ " ':...., .0.. .""'.' ;.',',1, . ... ... ........ .... ...._......... ..._. 'M___._._.__._..__. '. ,. .... -. ..... ., ...... .... ...' ..-.......--.---....-- ._----- . "" '". '.,. -, ',I :"...' ." '. f . .-, . ',~'I': ' . '. . . ; ~. f"',:d . - ,: : ~.' ; w v /I"~'~:~':/<' '" :I; ".'~~"'\'~'I':~"-~"'''.'''' . . / . .. t. '\'~''':.':"' ,., . " ," . . "~,','''''~''~'~.f,r:.''if . 10. .1; " ./ .r ,'If.:. ~S:"!.'" .r!: I . , t '1"\..,:",.' ,.",~I'l" '. .' I .: ~.(\.~,~':;. ,:,.,t-.J.. .. '.. '.-r::. ". . It........ ,of.. ~ '.'::. 0", ',~ " ,,' ..... " t.... , " , -)- , "",/14 ~ (d) To construct, install allu maintain from time to time during the term of the lease, or any extension thereof, such additional boat floats and mooring accomo- dations as the pUblic demand may from time to time require, which shall be IBfe, substantial and or,derly. No boa t houses shall be permitted. 'at:: _ , (e) To construct, install an~ during the term of this lease, or any extenl,Jion th ereot, an approved gasoline and oil float near the mouth of the harbor and to provide facilities for furnishing ~le water to boats. (f) To us e the premisee only f~iness of a 1 marine or pleasure boat I~rbor and lessee shall bo diligent in the prosecution of the business of a boat harbor operator and will do those things necessary and proper to serve the public fairly and adquately and Witho~scrimination. (g) To exact reasonable rates~es consistent with the usual rates an:! coorges for comparable facilities on the Upper Mississippi River. d. (h) Prior to Soptembcr 1 1957 to provide and in- stall an adquate hoist for hauling out boats an~ cruiserl (i) To mainta in the buildi ngs, grounds and harbor slopes in a Slife, clean, neat and orderly condition at all times and...dequately lighted. T111:.1 clause, however, shall not include the duty to repair any damage to the harbor slopes not caused by lessee or its agen~s or li- censees. Lessor shall, within a reasonaule time, repair any damage to the harbor slopes whi ch substantially inte feres with the full use and enjoymont of the premises. (j) To comply with all applic31)1e Stat-e, Federal and t-Iunicipal laws and regullltiollll and use its best efforts to require tho tenants, patrons, licensees aOO aup~.liers to observe such laws and regulations and to prevent any nui- sance being committed on the harbor area. ~ ~ v' (k) To provide insurance in companies authorized to do business in Iowa, in such. amounts a3 the Lessor may de- termin~ @Pod practice requires. (1) To fence the service area on the land sides with eight foot cyclone type fence. I 'an 7. In consideration of the rentals herein reserved conditions horein or agrees: . ~t 1) hard _ s.'=!':t.:a.ce-a.ccess -roads - ed-by (b) Prior to May 1st boat hoist 1 I r t at _~-PO 00 feet .east of ~-- ,.. tjt::-" . .,~t..,.::~.. ',:. ~~';1"1\"" '.~ ... !:i}.. :~', t, .," ,",. I' . ~~ ,.1', " ..:.....; . ......1..,'" ,f. ," . '.' ",. : wa tor inlet for a. , e harbor mouth ' ." . ~. .:;-~"~;:~:::~:..~.'._;.:~';-=1:- !~.:..:...:_-:::::....-::=:.--'_~u-' .. /!:'rj['~'~'t,; . · It'....~.. 0;:.,;14/<';:> ' '.'.,,': ,1,:.....;. . . '.;. ., ~.......l:. .' 'V,.....,',"~'" " ,,':.~, -- i _"..... (,'>\;,,<~:':'!,Ili \.~~': !,,"i "1'\;" " WI (c) Prior to Sept ember 1, 1957 to extend City water service.to the area. '-rCrJ not more than(~rtj)en-(-15) piles for boat floats at pointss. .' the parties; provided, however, t}glt_such -selection shairbelmnl'e~:ll-at-one.,... ~mrnot piecemeal. (e}-Pii\:'!;0-J,une-l.,__195.7.t.o._provid,e .!!.9,t .1e.5,s, t.han 40,000 square feet of rock ~1I"fa-ei-n~he-l-eased.a r.ea for storing_~t~ ~- , (f) T~ arr~g.e-cx:{;"e:ns-ivlI 01 eleotri (' service to the le~.ed-area.. < (g) Tv ul~d~e-bh~~r a~ often as may prove n~~~s- ~ry t.o provi rle rei!eenable use of tl.~ -r,;;'i:wr by boats. < 8. Lessee agrees to make no permanent improvements or 1nstallat10lls, or changes 1n the bu1ldings or permanent structures without prior written approval of lessor. 9. All 'rents and charges us and payable hereund~~ /:1'/ D';; ~~ shall be delivered to the, ~ffh6-i'/ Dubuque, Iowa, on or oefore he due date specified herein. . 10. Lessor agrees 'to pay all taxes am assessments, general or special, that may be levied against the real estatej lessee, however, agrees to pay all taxes levied or assessed against the improvements placed upon said premises, or perf property thereon, or the business conducted thereon. 11. During the term of this lease,or any exten: thereof, le ssee shall have the right to sub-let or assign; or all of its rights in and to the s;Jid premises, provided however, that any such sub-lease or assignment shall have "ua \.- c::;.:''': - .~ f', ' \-:s' ....\ prior written approval of the lessor to the end that lessor's interests ,shall ~e fully protecte~. It is understood, however, that the provisions of this clause shall not apply to the 12. Upon the termination of this lease , (or the renewal thereof, if option is exercised) for any caUSE ~J< ,/ ~~ 1ng of boat storage spaces from year to year by lessee 1n usual course of business. ., ! ;' " I ',. ~. ~ :./ , , --~-'y~;:,~:!':!": ~'~~';;f~~'; ~ t,; :.~i~'~}~{(~~ '~-~;" 'I.',,'~'? "'.-':!.t:.',i~. ,:~::,:,~::~~,~";~ ':. " .'!'. .ro"" ".' ~ ".,} . ....:/-'.~ ":':t. "'... I. " '. , '.' ';~:~"i::,-~:?~:;'~~i;ti'~(~~- . ,~:===:~::~:-- .~ ,I ... . . . ..",:~;(.~.~/);' ~'.' ..~ ~ · '!,,:<<'::',J I, ': :,:::: > .:: .';> ::.. . . '. / ~1r16~ I.:i.. . . . . , ::Y~:;:; ~ '".. '.'"0 . ~ w . ... ~'i-::'~'1'~' ., -5- ,.:.- all buildings. and improvement.s erect.ed 011 t.he demised area in accordance with too terms of this lease, except the boat main- tenance and repair burtling a~d any equipment installed by Les- aee that can be removed without injury to the buildings or grounds, shall become the property of the ~sor and it is under- atood tl,1at this provision ia par t of the .consideration for the gIlIOting of this lease by lessor. Lessee shall have a periOd of sixtr (60) days aIter the termination of the lease to ef- fect the removal of such propert.y and t.he failure to remove any of.auch improvements or other property within such sixty day period shall ,constitute an apandonment thereof, unless the parties hereto otherwise agree in writing. 1). If lessee ahall make defau~t. in the payment of the rentala hereunder, or any part thereof, or shall make de- .fault in the performance of any of the ot.her covenants herein contained, and such default shall cont.inue for a period of thirty ()O) days after written notice thereof, mailed to les- see at its address stated in the preamble hereof by United States Registered Mail, then it shall be lawful for leasor, at its election, to declare the term of this lease ended and to re-enter upon the leased premises, with or without process of law, and to expel and remove lessee or any person or persons in or upon the same, using such force as may be necessary under the circumstances; and if at any t.ime, by reason of such de- fault of the lessee and the cont~nuance t.hereof for such period of t.hirty DO} d.oys after written notice haa Deen {?ivl.ln said t.erm shall be so ended, lessee hereby covenant.s and agrees to surrender and deliver up the leased premises peaceably to the lessor. -.....-:;-.~--,~;-- ..: . . . . . . . -.......... ...._.....u.."'''1''I_,..:c.~ 't.":"'...:-.::..--=:,':'::".;:.=_,:::-:.-.=- ,:" -'--, ':-.:,}\1~'~~7-~~-,;~~-;-;-:::~;-.~:,:. ,~:, " ':" ,': :, " " 5A .. , ;~,. . ..rc I , IA: I....'...~.-. . ,:.: /,'-,...' i; \.:~ /1 ':.::,. I ':' ~. I ".: . . I t' ..1.....t ,';.. . . : '.::i. \.:: :',;'!-" I., :'l:~7'~ . . ';;j.\: ,"/.~": . " ,- - .. If' ... ',~ . -6- 14. It is agreed bel;ween the parties that the waiver by lessor, or the lessee, ot any breaCh ot any term, covenant or cond ition herein contained, shall' not-be deemed to be a waiver or any subsequent bre~ch ot the same, or ~ny other term, covenant or condition herein contained. 1ft WrTN~SS WHbHtOF the parties hereto have caused , , the due execution of this agreemenl;, in duplicate, as of the day and year first above written. By ~ITY OF UU~UQU~, IOWA, Lessor, " ., <' ' ",.., '. /)..J1'l-v;~'t.~~t'(.t/l !.~ti'i~'L4.~ -I. '," >~";':1l-~~~C"'h'_"._n """/'l' " ( 7 ;.., /. J/f'; /f I' / I., , I~s BQ~d ot Dock ~ommissioners ~. J/1~. '" . UUuU~U~ MARINA ING., Lessee lly } to I, , .; , e" '" f/ar ~ ~~~ ce:r ~ Ilff sj71-cfYftJ . ~ . ~ .;~L~ 1"f (Jry' CITY OF DUBUQUE, IOWA OFFICIAL NOTICE .' NOTICE is hereby given that the Dubuque City Council will conduct a public hearing at a meeting to commence at 7:00 P.M. on April 5, 1999 in the Public Library Auditorium for the purpose to consider disposing of City's interest in real property described as "A tract of land located on the south side of the Pleasure Boat Harbor in the City, together with the exclusive right to moor boats and floats along the entire waterfront of the Pleasure Boat Harbor and right of access in common with the public to the harbor slopes" by amending the Lease and Agreement dated October 29, 1956, by extending the terms of the Lease and Agreement from December 31,2023, to December 31, 2028. It is the express condition of such amendment that Keith Kann and Mary Wilhelm shall purchase the assets of Dubuque Marina, Inc. and Dubuque Marina, Inc. shall assign the Lease and Agreement to Keith Kann and Mary Wilhelm by not later than the 1 st day of May, 1999, upon terms acceptable to City. (Copy of related documents are on file in their entirety at the City Clerk's Office and may be viewed during normal working hours). Written comments regarding above amendment may be submitted to the City Clerk on or before time of public hearing. At said time and place of public hearing, all interested citizens will be given an opportunity to be heard for or against said amendment. Any visual or hearing impaired persons needing special assistance or persons with special accessibility needs should contact the City Clerk's Office at (319) 589-4120 or TOO (319) 589-4193 in the Human Rights Department at least 48 hours prior to the meeting. Published by order of the City Council given on the 15th day of March, 1999. Mary A. Davis, CMC City Clerk 1 t 3/26 ~_. . '. ~ . . ~;1 . MAR-18~99 THU 11:38 AM TELEGRAPH HERALD .":) l )l C () {~ CITY OF DUBUQUe, IOWA OFACIAL NOTlc!! NOTlce is hereby !:lIven that the DUbuque City Council will cond!-'ct II public hearing at a meetll'\g to commence at 7:00 p.M. on April 5, 1999 in tho Public Library Auditorium for the PlJrpOSll 10 con,jder dis- posing of City's interest In rear propertY describctd as · A tr::lct of land located on the south side of the Pleasllre BOllt Hllrbor ir1 the City, tOgether with the exclusive right to IlQQter boats ilnd tloats olong Ihe entire waterfront of the Pleasu... Boot Harbor and right or l:lCCllllS in COmmon with tho puhlic to Ih. harbor :slopes' by amending the Lease and Agreement ~ted October 29, 1956, by extending the terms or the lellse and Agreemenl from Oecember 31. 2023, to December 31, 2028. It is the express condition of such amendment that Keith Konn ond Mary Wilhelm sh;lI pur. chase tho assets of Dubuque Marl",l, Inc. und Dubuque M3l'ina. lno. shall assign the lease and Agreement tOis, Kann and Mary WilheJm 0 j later th.n the ls1 day of 1999. Upon te~ acceptab e to City. (Copy or related documents lire on file in their entirely at the City Clerk'" Office and may b. viewed duri~9 normal wOrking hours). Wntten comments regarding above 1UT\8ndment may be submittecl to the CitY Clerk On or before timlJ of public /loar- lng. At Mid time .nd place of P!J~lic ho~r1ng, all interested Citizens will !:is givClFl an op- portuni ty to bi heard for or against aid amendment, Any visual or hearing Im- p~red persons necJdlng spe- Cial asSUltance or ponons with Specill/ accessibility needs stIould contact the City Clerk'$ Office :u (319) 589.4120 or TOO (319) 589-<1193 In the Human Rights Departmont at least 48 hours prior to the meeting, Published by order of thQ City Councn given on the 15th day of March. 1999. Mllry A. Davis CMC City Clerk 1t 3/26 FAX NO. 3195885782 p, 04/07 ;jl;- 36'781 '7 f1c'!- / . . . RESOLUTION NO. -99 RESOLUTION OF INTENT TO DISPOSE OF AN INTEREST IN REAL PROPERTY BY AMENDMENT TO LEASE WITH DUBUQUE MARINA, INC. WHEREAS, ~e City of Dubuque, Iowa (City) leases certain real property to Dubuque Marina, Inc,\Marina) as set forth in a Lease and Agreement, dated October 29, 1956, as amended, whic~ Lease and Agreement are attached hereto; AND WHEREAS, th term of the Lease and Agreement ends on December 31, 2023; AND WHEREAS, Kei Kann (Kann) and Mary Wilhelm (Wilhelm) desire to enter into an agreement for the purcha e of Marina but only on the condition that the term of the Lease and Agreement be extende 0 December 31,2028; AND WHEREAS, City is enable to extending the term of the Lease on the condition Kann and Wilhelm purcha Marina on terms acceptable to City and on the further condition that the annual rent d g the lease extension shall be fair market rent. NOW, THEREFORE, BE IT RES L YED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City of Dubuque, 10 a, intends to dispose of its interest in the foregoing-described real property by amendm t to the Lease and Agreement, a copy of which amendment is attached hereto, extending e term of the Lease and Agreement from December 31, 2023, to December 31, 2028, 't being an express condition of such amendment that Keith Kann and Mary Wilhelm sh 11 purchase Dubuque Marina, Inc. by not later than the _day of , 1999, upon terms cceptable to City Section 2. The City Clerk is hereby authorize and directed to cause this Resolution and a notice to be published as prescribed by Iowa Co e Section 364.7 of a public hearing on the City's intent to dispose of the foregoing-describ d real property, to be held on the day of , 1999, at 7:00 'clock p.m. at the public library auditorium, 11th & Locust, Dubuque, Iowa. \ \ Passed, approved and adopted this , 1999. day of Attest: Terrance M. Duggan, Mayor Mary A. Davis, City Clerk . . . AMENDMENT TO LEASE AND AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND DUBUQUE MARINA, INC. This Amendment to Lease and Agreement dated October 29, 1956, as amended, between the City of Dubuque, Iowa (City) and Dubuque Marina, Inc. (Marina) is made and entered into this _day of , 1999. WHEREAS, City and Marina entered into a Lease and Agreement dated October 29, 1956, which Lease and Agreement have been amended from time to time, including an Amendment to Lease dated October 29, 1956 which granted to Marina an option to extend the Lease and Agreement to December 31, 2023; AND WHEREAS, Marina has exercised its option to extend the Lease and Agreement to December 31, 2023; AND WHEREAS, City and Marina now desire to further amend the Lease and Agreement as set forth herein. NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS: 1. The term of the Lease and Agreement is hereby extended from December 31, 2023 to December 31, 2028. 2. For the period commencing on January 1,2024 and ending on December 31, 2028, the annual rent for the leased premises shall be at then current fair market rates as agreed by the parties or as determined by the following process. If the parties cannot agree to a fair market rental rate at least ninety (90) days prior to December 31, 2023, they shall jointly appoint an MAl real estate appraiser to determine the market rent. If the parties cannot agree on an appraiser, each shall appoint its own MAl appraiser and the two appointed by the parties shall select a third. The average ofthe fair market rents determined by the three appraisers shall be the annual rent for the period commencing on January 1,2024 and ending on December 31,2028. The annual rent shall be paid not later than the _ day of of each year beginning in 2024. 3. This amendment is conditioned upon and shall not take effect until the closing of the purchase of Dubuque Marina, Inc. by Keith Kann and Mary Wilhelm after due execution by Dubuque Marina, Inc., Keith Kann and Mary Wilhelm. In the event that the sale of Dubuque Marina, Inc. to Keith Kann and Mary Wilhelm fails to close by the _ day of , 1999, then this amendment shall be of no force or effect. . 4. All other terms and conditions of the Lease and Agreement, as amended, shall remain in full force and effect. CITY OF DUBUQUE, IOWA DUBUQUE MARINA, INC. By Terrance M. Duggan, Mayor By Its Attest Mary A. Davis, City Clerk By Its . . . 'I.. i"iODIiIC.-.TIGN or L~:)t: Whereas, the parties hereto, on October 29, 1956, entered into a lease and agreement concerning the le~sing of property therein desc~:ibed, and generally known as the "Pleasure Boat Harbor"; and Where~s, under the provisions of Paragraph 7b of said Lease the Lessor agreed to provide a water inlet fora boat hoist 16' x 48' in size, near the south side of the haroor mouth, prior to May 1st, 1957; and V;hereas, due to shortage of sheet st.eel pi.l..i..n,?; Le..~r.. -n . will oe unable to provide said boat well prior to ~~. ltC-:2-./.-"' 1951; and . ~(J.. if 4,jZt :;;r(?; .. 1;'lhereas, in order to provide for the effective use of d..l.; I:, said boat \,e1'. Lessee desires to increase the .lea sed area to / incluae a strip forty-five feet (45') wide and two hundred feet :i (200') long, designated as Tract B on the attached plan; and Where~s, the parties are desirous of entering into an agreement to provide for the .nodification of said lease to accomplish the above st~ted objectives; NO,V Th.::;fi.o;i"uiU:;, IT IS i'iUTUALLY AGR.;.~U, between the parties hereto as follows: . 1. That the leased area under the lease described in the preamble hereof! shall include the tr:.ct of land two hundred feet long (200'/ and forty-five feet (45') wide, designatedas "Tra ct B" on the attached plan; tion 2. That the time for t he performance of Les~or' s obliga- under~Cla::se kb. of said Lease and Agreement is extended pp~:-. ?-l' -::=1)1(0 19567 ,nv. /~ , Y'. :l.1/-tCd", y of /Jil:!''':' Ul f.1\~ to Dated at Dubuque, 10':;3, this A.D. 1957. GI TY ~r'. lJ~ GiJ;..lt,:" lU~Ii\, Lessor, L (,. It'.~ r ( .b y ...- l.-- l/ L.-' i....; ~.LV&.L-C.O" ( A. Ij.!vlcDona lc.!l ~- (.(y/~. 7.,. (Freer N~~--;;;) c<.<;:::f 0_ .., ... .....~.. '././ ~ "1, L.... (Frank L. Wagner) ,. Its Board of Dock Commi33iuners LJUl.lU",Ut;,..\'Ir,Rli"A II~G., Lessee, C / . t.:-~'7Z. {-7 lJy " ../-:L c' 1/ /' . ./LC"7~' (George V. ~~bert ' /1 -,;" I _~"N.<:q/ (//. {I.,/o-v /{/ " (T.B.Roshek) . ( Glem . i'dEND;lE~IT '10 L.SA~~ TaI~ .',G~<..C~..;Eti'.C ente=ed iut..:.:. by 6nd bet\~ee!l .:ity 0': Dubuc;ue 10'.-.'3, g~-c:)lJ,'~'h its Boord ai .J0C:: ~.J:~i:;"li3sion2rs, as i:'irst i,>arty, ar~;l i):...tb'lquc:' Elr'::":.:3, Inc., d.3 ~.0::,:;nd ~drty, do llereb:l a'renu the written Lease entered int0 ~~' anJ ~etween theJarties hereto, c: ate d Gc t 0 b:a r 2), 1 Y:5 6 ; ;,'J\' TiC.Ce';:.;,,: fur SJC).j and 1lE.1uab1e cunsiueration, recei?t ,,:herL!of is :1er<;:!'....ith a:::~no;J1e..:!"cJ by k'irst .t'arty .crom ",tl'.::vnd Party and for and in ~~nsid~rati0n of t~a idutual convenants flerein to be !:e?': a:hl ~aint3i:lGd by thG ?;:,..::ti",s hereto, said \>lrit;t",n Lease Ardreei'lent bearing date :)= October 2,}. 1,;156 be and the sa.TIe is herE:by amended in tile .::0110<."inC; ?art icu1ar &: 1. Th0t the preamble thereol be and the same is hereby a~cnded by Dddins the E011owing, to-wit: IIrrract lIe"and T!:i:i(:t IIDII l~cateG in the easterly end cE ti~e ..'>lcasl..l.,::,e 3c.:it Harbor in the City OJ:' Dubuqu,,~, I~~n ilIld ~s uutlirl'~d ill ~~J 0r1 ltle reti?ective ~:(nibits :l:'lr;ed ";)" and "Qu." -. "Less:)!:' does ;.ereby 1ea,,;e tu Lessee 1:he dC;-'l~sed :Jre:\i"es hcrei!1~eE(1re described,to haVE: <Jne: to iw1d the saue :'n tie ?eriod of ~,-C) yec.:::S COtl.~~'~cn\.:in~ \-Il.th the ~(]ay::>E . 1;; 7~ and ending on the ~~ d.3y of . l')ff._." ~->L- ;t:J " ,,~.::;. '". '-' . 3. 6aid ~ease is h~.::e;i a~ended by stri~ing ~arag.::a?h 2 tJ.:er~c.:, al~:J in8:~rtin~1 .l;i. liGU ti18rc':'J":: "2 !..)':;.3c~e is he!:,~j:/ .;r311tej t,w o,ltion u': reneWl.no the Lease .-.....- an :.,:;di.ticns.l ,?eri..:;d ~)E ...::?O yaars cOinmending on the /-;.,./- ja'J :.; ~ ..;;;.......-L- . , 1 )~ anJ endl.!lq 0/1 the .3 /~ day .,J E . ~t~ ~""C,;,., j .mder 1:he cia"le tcr':ls and con1itLons ~8 provided herein by SivinS Lessor writtell nc~ice of its exe!:'cis8 o~ 9U2h G)tion at least ~ixty (60) days 9rLor tv the C~- piC:.3ti:JI1 :1: the ':,!:'igin.:ll ter;.\ oc this lease." IN l-'lTNE~S \'lHEREOF tho? oe.rties here;:o ililve caused the ch.l~ exe~uti.::>n 0: tili~, ':;r<2i!'.i!'I:~ thi~ //-<./r. di.l:t, oi: 2.c,u:._ 1073. ., CI'r~ GF lJUUUCUE, IO~,'';, Lt~sso.r, ey: ~~~~/' ~, \~ )MQ~ ~~ ,/" ./ -"'. '. \ /" ,-----t./ L--Gcx;/ <:,,- - . . . . . , . ?, . "^--' Its Boa cd r~. f Dock C:);r.T.issionar B DUBU~lJ\~IHA, -(- i" BY: --- n,c. . . . . . " ~/\ A G R ~ ]!; 1'1 E ~ T This Agreement entered into by and between the ~ OF UUoUQU~, IO~A, through its Ho&rd of Dock Commissilners, as First Party, and Dubuque Marina, Inc., as SecOnd Party, wIT ~ ~ d j ]!; T H Whereas, the parties hersto have heretofore entered into a lease anu agreement for a tract of land located on the south side of the Bea~ure Hoat Harbor in the City of Dubuque, which lease is dated ~-'.<.':'I'--<...Ll. _~ (.,. ,1956; and Whereas, the saia lease provides for a term of ten (10) years, commencing January 1, 1957 and ending December 31, 1966, with a renewal option for an additional period of ten rrrrr years, commencing on January 1, 1967 and ending on ~_ ber 31, 1976; and Whereas, Second Party desires to erect permanent improvements on the demised premises with an anticipated longevity greater than twenty (20) years and have requested an additional renewal aptian of thirty (30) years from Decem- ber 31, 1976, to protect their investment in saia permanent improvements; and "'hereas, in consideratiJn of the agreements herein- after set forth, the parties hereto desire to enter into such renewal option; NOW TH~rt~FOR~, IT IS AGR~~U by and oet~een the par- ties hereto as follows: 1. That in the event Second Party has complied with all the terms and conditions of said Lease, and shall not be in default therein, and shall have exer- cised the option granted in Paragraph 2 of said Lease, then and in that event Second Party is granted the option of renewing said lease for an additional period of thirt~ years, commencing on the ~ day of January, 1977, ana enalng on the 31st day of December, 200b, by giving Lessor written notice of its exercise of such option at least sixty (60) days prior to December 21:, 1976; 2. In the event Second Party shall exercise the optiJn granted in Paragraph 1 hereof the same terms and conaitions as providea for in the original Le5se shall apply, except that commencing with the year 1977 the minimum annual rental shall oe Two Thousand DOIIars (~2,OCO); --- 3. That effective iwnediately upon the execu- tion of this Agreement, Paragraph ~(1) of the ori- ginal Lease is amended to read as 0 lows: "6 (d) To construct, ill5:all and maintain from time to time during the term of the lease, or any extension there~f, such additional boat floats and mooring accomodations as the pUblic demand may from time to time require, which shall be safe, SUbstan- tial and orderly. No b03t houses shall be permitted. For the purposes of this paragraph the "puolic demand" -:, -2- . as used herein shall mean the cuolic demand for boat floats and mooring accomoaati_~s at reasonaole rates and charg;;s as t he same exists on April 1 of each ye ar." IN \'iITm~;;j;j,'ihU{,-,Ol" the parties hereto have caused the due execution of this Agreement in dupli2ate a~ of the day and year written opposite their names. Dated: La TY OF UUDU~U~, IOWA, Lessor , (.---~,> ://1,1 ---, ,. n~/ {i.LcL'~('-'Ltk J-.---.-;-'. -- ~-< /- ~/)~;~ "', < ~" " . ';'/;. '-'CJ -.-" ~/ . /~ ./ -F .,".., i. '.,' (OddM' d( /o/p ~ /' By , l,iJ-Y' 11..' - ,)Jv ,~'~k~ Dated: J(/lt"~) 7 (}~'2t /93--6 I Its Board ,if Dock Commissioners, lJUDU,,"U~ l'uUUI;A, Il~L;., Lessee, ~/~,/ tJy '. - /c'''J''-- .;", '-,/ , . . ., . . . ~.~~' \!/ ,~,' " _. - . '~~f,.:~.:~.'.,::.;;:. . ';; .. ,:. 0 . '. ~"'!.al't" '" c' .,.101: , " .' . . . . ';'I;':n";f?r~'1",' ~.;""; " ~ ;;r~' "i!..,l'r.~III.~t":' f. '.\ . , . ~"';~""'~~'Mi':. ". . ~ ~1,~"4lt,.: .... _L!!:ilsr; _ANU AGRKI~M~Nl' ~1f.r~(~-r!;;. . ,:,...1',',1. ~I' t. . i~,.,~~,~.{.~:' ,'. ' ~."{,:?;';;:"i." TJ118 Le08e and Agreement made and entered into this '., . , ". . . _'7" Ii.,. . /Fi) . ~ " ;~~.:;~.""'~::d;":: ~.. day of ~ ,~956 oy and oetween ~~'(il;::.o!: ."th~ C'lTY OF l)Ut)UQU,t;, IOWA, a municipal'corporation of Iowa, . . througn its duly authori zed Hoard of Dock Commissioners, here- inafter called "Lessor" aOO Duouque 1<larina Inc., an Iowa cor- . " . poration, whose principal place of business is 804 South Grand- vi~w Avenue, Duouque, Iowa, hereinafter called "Lessee". pro- .' viding for the lease of the following described real estate, hereinafter referred to as the "demised premises", to-wit: A tract of land located on the south side of the Pleasure ~oat Harbor in the City of Dubuque, Iowa, as outlined in red on the attached sketch, .together with the exclusive right to moor bbats am floats along the entire water- front of the Pleasure Boat Harbor and right of access in common with the public to the harbor slopes, WITNESSJ:.TH: ~ .' . 1. Lessor does hereby lease to Lessee the demised \ premises hereinbefore described. to have and to hold the same for a period of ten (10) years cOllullencing with theIst day of January. 19~7 and ending on the Jlst day of l)ecember, 1966. 2. Lesse.e is hereby grant.ed t.he op'tion of renewing this lease for an additional period of ten (10) years COlnmenc- ing on the 1st day of January, 1967 an~ ending on the 31st day of Decemoer, 1976 under the sanle I.erms and conditions as provided herein, by giving Le:;sor written notice of its exer- ci~e of such option at lec:st sixty (60) days prior to the ex- piration of the original term of this lease. 3. Lessee agrees to pay to Lessor as rental for said prem1 rentals as follows: (a1 For the 1957 to 1961 i~-ve-.--an~. annual rental equal t.o on __ ccn-t-h"%1 of the gross sal es. aa her dn de.I..ined,out not han One Thousand Dollars ~$1,00011n anyone year; ___. .. -~ , . . (b) Fo;~-y_cars 1962 and each year ~fter, . dur1pg the term of tnts-1.~_ ~-r-elle"Wal thereof, . .' . the ,nnual re~tal shall ~ to one and one- L~:i'. ;.\'....half per cent (1 of the gross sa'1es-;--as_h_ere1n de- 1<.;:../.,..:....:f1ned, .!Nt-no less than One Thousand !Jollars ($Y;OOO) )':.'.. ";,: in anyone yea. ; '. . ", ~. '-. . . . . .,',.~ :'~:"':':d'{"" '. '.::..... . .: \~Z:;:":):'~~".::.~'...' l'lIt~ .,t..'r....:t.::.~:. .~'. . ". . 1.l~....".....~f: ..:~:. . "",{~' .. :"Cl ;, ~J' t.,}" . ./ Jt ,,', '. ...,: "': . . '. w \$ .. .-. -2- ..,'.' ;:j - -..- ----- any year dU~he-ter~f t.his sal,e.B-,-lr!J her ein defined, shall -, the ren a ur-su'ch--ye-a1'--8h~p . per cent (2%) of such gross sales~ rentals her cin proylded for shall be due and ~ .. . . ; 'f,. I', er, in "-.,- - payable as follows: (~Y-2-, . Lessee _sh~l.lJl8Pos-1-t--wit;h---' Lessor the sum of One Thousand ::la~l.-,OOO.l-t..o__s.ecure the payment of the ~.l-due under the terlll8 of this--- le~~ __ ,- 0 or before January 30t.h or each y.ear' during tho term of t ' e .or any extcl~on-t;tlereof, conunenc- log with January 30, 19 -snaIl submit to Lessor statement certified~~C<ertifie U~~9~~~~_~~. showing the gr~-saJ.es as herein defined during the pre~--'\' cedingJ ",ar--rt:ogetJ1er wi th a remi totance of the rent al ! o~uch preceding year. 5. term "gross sales" as used herein shall "lean and include all ~Sh or' ccrued receipts f~a~ goods, services, or merchandi by ~nd shall in.~~ud "Sales or services IIICIde by any ?i1.h c or sub-tenant' of J 6Jlo sf; not include sales .~e1. fuels J or special motor fuels I or amounts payment of State, Federal or Municipal sales, excise, admis- slons or entertainment taxes. 6. consideration of the lease of said property forth Lessee~rees: ..~/... to construct and install a mi..nimum of one hundred " and the service ~r 'tr I . ~.. _.._.~_.... a,_...... 'N___"_._,__,_~__, -_..._---,----~._- ~------ .. . . . ,...}\ _.r~,~ · A9:<.~ ..,j~;\.:.::.(.: .':; . L : // ..l.;......./I~.. ...... .. 'i*'{:J:~'\(,~;:::, ". . ','., ., ..- . . f"',' . . c()l.- ~ (d) To construct, install alll.l maintain from time to time during the term of the lease, or any extension thereof, such additional boa t floats and mooring a ccomo- dations as the pUblic demand may from time to time require, which shall beSife, substantial and or,derly. No boat houses shall be permitted. (JJ!!: . . (e) To construct, install a~ during the term of this lease, or any exten~ion thereof, an approved gasoline and oil float near the mouth of the harbor and to provide facilities for furnishing ~le water to boats. (f) To use the premisee only f~iness of a 1 marine or pleasure boat harbor and lessee shall be diligent:. in the prosecution of the business of a boat harbor operator and will do those things necessary and proper to serve the public fairly and adquately and witho~scrimination. (g) To exact reasonable rates~es consistent with the usual rates an:! charges for comparable facilities on the Upper Mississippi River. -3- : ~. , . (h) Prio~ to Soptember 1 1957 to provide and in- stall an adquate hoist for hauling out boats an:! cruiser: (i) To maintain the buildings, grounds and harbor Slopes in a s@fe, clean, neat and orderly condition at all times and ..:Iequately light ed. TIIl:3 cla us e, howevel", shall not include the duty 'to repair any damage t;o the harbor slopes not caused by lessee or its agents or li- censees. Lessor shall, within a reasonable time, repair any damage to the harbor slopes whi ch substantially inte feres with the full use and enjoyment of the premises. (j) To comply with all applicalJle Stat-e, Federal and l>tunicipal laws and regulations and u:;e its best efforts to require the tenants, pa trons, licensees and suppliers to observe such laws and regulations and to prevent any nui- sance being committed on the harbor area. ~ ~ v' (k) To provide insurance in companies authorized to do ousiness in Iowa, 1n such amounts as the Lessor may de- termine gpod practice requires. (1) To fence the servi ell area on the land sides with I 'an eight foot cyclone type fence. 7. In co t1sid era tion of the rentals herein reserved condi tions herein or agrees: . ~t 1; hard s_"I}:Ja_ce-a.ccess -roads' - ed-by (b) Prior to May 1st boat hoist 1 t r t a~_a-POi-n 200 feet .east of ----- wa ter inlet for a . e harbor mouth .;:-::..;.~: . ~.q"" , t1\/i';;i, - ~ -- -- .__._----...--.._'~(".,.-- c . . . '~i. ". ....... · /1.' " //j,.., I ~.,~. . .'6 -- ., " -4- (c) Prior to September 1, 1957 to extend City water servi ceo to the area. '--rcrl not more than (i,(t.een-(-l5) piles for boat floats at pointss, -the parties j provided, however, t_l}~t_such-selection shall be ma1ttfC\-l-l-at-one... ,. ~ncrnot piecemeal.. (e)-Pii~o-J.une-l,__l95}.to provide !..!.9.t .le.ss t.han 40,000 square feet of rock """fQii1"I~h-e-l-eased.ar.ea for stori ng_to-at,-e-;-- -----== , (f) To arraIlg.e-Cxt:e:ns-ivlI 1;1'/ eleGtri" service to the le~.e.d-area: (g) Tu ~l t:cl-ge-t-he-hal'-OOr as often as may prove n~!=es- ~ry to provirl(' re~Bonaale tlse of tl... r.al-WI' by boats. <' 8. Lessee agrees to make nu permanent improvements or installations, or changes in the buildings or permanent structures without prior written approval of lessor. 9. All rents and charges ue and payable hereund,e~ I~r) . ~~~~ shall bed eU v ered to the , t ;,~ - : f n U-1/, Dubuque, Iowa, on or oefore he due date specified herein. 10. Lessor agrees'to pay all taxes ani assessments, general or special, that may be levied against the real estatej lessee, however, agrees to pay all taxes levied or assessed against the improvements placed upon said premises, or perf lr C:.~:;./.: ..- '1 property thereon, or the business conducted thereon. 11. During the term of this lease, or any exten: thereof, le ssee shall have the right to sub-let or assign; or all of its rights in ard to the said premises, provided however, that any such sub-lease or assignment shall have ....'" f', , . . \~ .." prior written approval of the lessor to the end that lessor's interests .shall be fully protected. It is Wlderstood, however, that the provisions of this clause shall not apply to the ing of boat storage spaces from year to year by lessee in usual course of business. ~J. I . ~~ 12. Upon the termination of this lease , (or the renewal thereof, if option is exercised) for any caUSE ! . , . , ',:) T-l.:<S:~-'~-~--:-~-~":::::::.::':::.':::~':~': ..-~-:-:.;::.-.....:-.~ .....::.:.~.~:.:==:.::=:..~.::::::- ',':. 1/ '~. ;..J. >. ..r. " 1\.. '.. ..' , (I, . : ;.\:: ' ~::;. ~" / \~~."~ ..... .' ' ~ ~.~ ;'::::,' : . ~.. . " . -5- " :.' all buildings, and improvement.s erected on the demised area in accordance with the terms of this lease, except the DOat main- tenance and repair buUiing and any equipment installed by Les- see that can be removed without injury to the buildings or grounds, shall become the property of the ~sor and it is under- stood t~at this provision is par t of the .consideration for the ganting of this lease by lessor. Lessee shall have a periOd of sixty (60) days after the termination of the lease to ef- fect the removal of such property and the failure to remove . any ot.such improvements or other property within such sixty day period shall ,constitute an apandonment thereof, unless the parties heret.o otherwi se agree in writing. 1). If lessee shall make defau~t in the payment of the rentala hereunder, or any part thereof, or shall make de- fault in the performance of any of the ot.her covenants herein contained, and such default shall rontinue for a period of thirty (JO) days after written notice thereof, mailed to les- see at its address stated in the preamole hereof by United States Registered Mail, then it shall De lawful for lessor, at its election, to declare the term of this lease ended and to re-enter upon the leased premises, with or without process of law, and to expel and remove lessee or any person or persons in or upon the same, using such force as may be necessary under the circumstances i and if a t any time, oy reason of such de- fault of the lessee and the continuance thereof for such period of thirty DO} d.:ys after written notice has Deen givun said term shall be so ended, lessee hereby covenants and agrees to surrender and deliver up the leased premises peaceably to the ~A lessor. . . '.......M ."_"".~:'. '''''''\'''''.''(.':''; -:'':'''.;::_,'::''-:='~'':::=...:=::..=_ .. .....,' . ,r.; . I~'" '.' ' .Ai/::,," '. /< ':., ,':; .~' ':' :,'; . >I", '... ::tW-,' .. ...'.:....: " .- ..... Wi It' " . ; . -6- ~ ')~ j. . 14. It is agreed between the parties that the waiver by lessor, or the lessee, of any breaCh of any term, covenant or condition herein contained, shall' not-be deemed to be a waiver of any subsequent breach of the same, or ~ny other term, covenant or condition herein contained. I~ WITN~SS WHtRtUF the parties hereto have caused , , the due execution of this agreement, in duplicate, as of the day and year first above written. ~ITY OF UU~UQU~, IOWA, Lessor, .. ., <' "".. .. /2"'1",,',.-4- p'1I By r", J: ,{A..-I. (,....) '~['c.t,/J "~c-,,a..,~ -/ ~ "'l',' ,/ / . - . . ~ t-;;.".,l' /_ ... ... :.;~/ .//(' "'7(.._,.,_.7 - {; ~~. /. .-<'[l'A' /,/11 J. I ~~s BQ~d of Dock ~ommissioners ./ . UUuU~U~ MARINA INC., Lessee By ) t'Il . , " , ......-.... ....._~_.............~......A..,_...'*_.._....____ ._____. ~ . CITY OF DUBUQUE, IOWA MEMORANDUM March 11, 1999 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Amendment to Lease with Dubuque Marina, Inc. . Corporation Counsel Barry Lindahl is requesting that a public hearing be set for April 5, 1999, to consider an amendment to the Lease and Agreement the City currently has with Dubuque Marina, Inc. I concur with the recommendation and respectfully request Mayor and City Council approval. " (i/ ~i7 /) ; il'" , A/' I . . I'!.I . (' . I I 1lAL G,"-/~L . / Michael C. Van Milligen MCVM/j Attachment cc: Barry Lindahl, Corporation Counsel Tim Moerman, Assistant City Manager . . J .1~.1lD.. '.' tijii.;l:~ ~~~;~~i~~i~!~ Q ~ fCD 3~_8e~ -gO~~6Ioo~~e~l~ 3 '..' i~.!t5"Olliil::!:gi-....._,<o r- ~ro!.l.crO 0 !o CD::l.ro~ ~iila ~-8a.'" ~l>S"II>.l5m 1i :o.t4 ~fit-CD~a~"'~~i!!l~~ ~8-g55i.i" 'a !I I. ~!!l! [il~o iX;~~CD 3!3.[~'~S"~;33 gQ II .' ~a.~ r ~ ~QCDO aGe 0'<0"1 "._~ ro r-., o::!l~.:<II>~ mOa.~CD::r '< "':-V" Q) fn ~ 0 --. f.O.. 'ilIii::l ::+CO ~9.~...,fiiif~!!l ~~6.,Q -.~i~!~~.~. !!.~~. ..1 ~~3!i!l( l5_3'~...!!t~tll~....~" 3 ~ ~ ' =~ 5-~~, 3 F\J~ "-rc"_O :TO ; 0...... '.!.=e:f '.::rmS" a '" !"a.li;;r~c6S"!ll a ~a , i?'g iss>> =!!l )0_ SoO,,3 !!l~~~P ~.'" 3' ~ c:s,-g s'g l!! ~ ~ 3-<3 S"iDi[~{;3:3:g.!!l 3:5 g.!h'~~~~~li l>~,~~'g~'P lfi~~ ~~~ !!l~0l8!ll3111 !!l. !!!. III a. a giE~'~e g ",-: ![[~!/t'< lil 0 l{l O'aG> ~(frlfii"'-?-"'~!!l CD jljl ~3:. .::r<g.i' ~~-Io05~P.! '<~S"~ia <il3.1I>3~::rs.Qic=rg!!la.~5"_i~;1 -.< Q. (X)::J ~ 5 - =1>> -_ 0 CD 0 _ ::J ~ J~~~ ~l-~ii'~~i! ~'ilfilfili ~'~[~~i~~~ ~~J6"I: p I~ l> ~~ iili$ag lilg-!i~'!!t SoCD~! a.~;.So~!/t:E i!!l,"~ o i!ll ~ 0 &l(;) ~ ~ 0 '" g Q. III ! :: ~ -g ~ a lit 5. ",' ~ ill> g. ~ - a. So ;1 Oil> So o(ljco~...O., ia.!!l~ cr ., ~~CD[O'<"'-mo ~I ~~ ~i ~l~~iliim"g~fl ~iji ~lil!a.~;~~<g'g~~ i'3: 0.0 -CD~QlO=~-.::!. -gl!l. CD -. 3!!l::!:811>"'~!!.~.Q.Q'C. <;;'*0 ~~Jas'<p~~i;lc6c6 ~73.So ~gic6 \!-a.~<r~Sg<1l_~_t~ ~ - ;;s en .... rJ'J n ;" =- - n ~.... ~oo =- =- l'D ~ Q = - .... ~ ~~ ... Cl" ~ - ~ ... .a F <IJ "'I 3. Q ~ t') IJCl ~ = Q .... =~ "'l l'D "C "'I ~ s: ... = n = ~ ~~ '" IJCl .... ~ l'D 0'" ... == Co liA =- "'I - Q ,00 Q; ... P l'D .... ~ qa '" ;> .... =- ~~ = l'D "C Co '" .... l'D = ::- ~ Cl" =- =- 0'" ~ ~ ... n~ C5' ~ = == t:7:l ~ = .... '" ..... ~ -- .... .... =- e ~ o~ v-. =- =- l'D . I 7l'D l'D "'I = ~ a :v-' ~ ~ Q IJCl ~~ JC ('\ ~ ... .... ~ :;j ~ ::;~q .... - ~ ~ 'n =- l'D - n =- Q l'D "'I ~ 'Z \ l'D .... :;3 :J!:" ~ = )'=-t:::l S' ~ .... = = - = l'D "'I ~ Q 0'" IJCl ~ - l)J~ = "'I 0 .c ~ Z "'d l'D = "C Q = 6':E JD =- ~ 0 ,.-A-.. r~, Cl" == .... ~ ~ == "'!'j 00 t "': t') '" ~ ':'1- ,": ~ Ie Q l'D "'I . ~ ... "C = "'I =- "'l:I rJJ. ' ;: = r = = ~ ~ .... 0'" q - ~ .. , ! ~; - F- Q t:= ~ { ... t""4 1 '" Q ~ a I c~ I =- .... - " ,~ ) I l'D t:::l = a ~ ,~-'I 0 jl =- ~ m ~ ;h.i ... = = ~ JJ 7' . = Cl" '" = c~:::i: = "C ... l>(/)rn . I:j '" .c n - JJ~{J) = ~ ~ ~ 0 -<0-1 Cl" ~ ... = "C Q; =- l'D l'D Z ~Zrn = = "'I Q N~:D "Q =- = ~ = . ~"lll: = ~ = Q J" _rn ~ ;" =- .... .... :D< '" oo~ = rnrn ~ "'I "C (J):D = ~ s- = 2 = :E "C .... l'D = =- l'D l'D "'I ~ ~ "'I Q ~ = ... - n Q .... =- .... n .... = ~ ... .... j "'I ~ .... .... n =- =- J! = l'D l'D I ~ . CITY OF DUBUQUE, IOWA MEMORANDUM March 31, 1999 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Amendment to Lease with Dubuque Marina, Inc. . To facilitate the sale of the Dubuque Marina to their local manager, Keith Kann, I respectfully request approval of a five year extension of the lease through December 31, 2028. MCVM/j Attachment cc: Barry Lindahl, Corporation Counsel Tim Moerman, Assistant City Manager . I. . . ROBERT D. KLAUER A TTORNEY AT LA W 1043 MAIN STREET DUBUQUE. IOWA 52001 319/556-1044 FAX 319/556-6113 February 5, 1999 Mr. Michael VanMilligan Dubuque City Hall 50 West 13th Street Dubuque, IA 52001 J -'A/\Y/l1J.,~ Dear Mr. vanMilligan: please be advised that I am attorney for Keith Kann of Dubuque who has been the manager of the Dupuque Marina at Eagle Point for many years. The marina is owned by a corporation, which is owned by, we believe, at least three persons out of the Rockford/Chic~go area. Basically, Keith has been calling the shots and in total charge for the past several years. At this time, Keith and his father, Ron Kann (retired firemd~), would like to purchase the marina and are entering into the negotiations with the corporation. The matter has been discussed with local banks and the purchase money is in place, subject to some conditions. The property upon which the marina is located is owned by the Ci.c:1' of Dubuque and has been a marina for some forty (40) years that I know. During this time it has been owned by locals, unt.il about fifteen (1S) years ago when it was purchased by absentee, out-of- town owners and this status has continued. This causes the profits and decisions to be made by out-of-town persons, '.vhieh is not always best for the community. It would certainly appear that for ever:i()nE: 's best. .:.r.:.te~'est, tlie marir~a WOlild ba 'j".,n:2d &~.l""] operated by local persons with ties and accountability to the community. Keith and his family are local, have been local and do business locally. They will, if the purchase goes through, be directly involved in day to day operation and decision making. Local banks will be involved, which also makes sense. In going over the marina and reviewing the lease with the Cit.'i, it appears that the lease runs until 2025. Based on che p1.1rchase price of the marina, in excess of one million dollax's, und !-:J:e planned work on the marina by Keith and planned purchas<2s of additional equipment, the bank is uncomfortable with naki~g that large of a loan with only 25 years left on the lease. 'rhe}' ]-;'lV8 penciled together various formalities and they would just feel more comfortable with making the loan if, in fact, the ledse was extended a minimum of ten (10) years longer (i.~. to 2035). This I- - - 41 Mr. Michael VanMilligan February 5, 1999 Page Two would allow the loan to be amortized over a longer period with payments more realistic based on the cash flow. Obviously, this is a sizeable business and has a sporadic cash flow. Some time ago we approached the City suggesting a twenty-five (25) year extension, which was rejected. We can appreciate the Cities position on this and am, at this time, attempting to be more realistic in what we are requesting. We would ask that you pull the file and lease and review it with your department people. I would like an opportunity to discuss this personally with you, if you have time available. If you would have your office contact my office and set up a time. We have two nice marinas in Dubuque, which provide Dubuque with good service, both have been there for a long period of time and have good track records. In going along with Mr. Kann's request, the City is not buying an "unknown", since he has run the marina for the past several years and worked at the marina many yea~s prior. His family is in Dubuque and he plans on the operatiori of the marina to be a life-long endeavor. This will give some stability and local accountability to the marina. Keith takes pride in his maintenance and operation of the marina, which I am sure will be enhanced even more by ownership. The marina has recovered fairly well from the severe storm two (2) years ago which took out a large number of docks. The marina has a good future, but does need some help at this time from the City in order to facilitate the loan. A ten (10) year extension of the existing lease is what Mr. Kann is requesting. Other information will be furnished at your request. Thanking you in advance for your cooperation and we will await your response. I and Mr. Kann will make ourselves available to you and your staff or City Council at your leisure. ours, ,- ~\:.C~./,- R-r-4:-::' D. Klauer Attorney at Law RDK/jjw