Dubuque Marina Lease and Agreement Amendment
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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
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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
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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
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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
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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:
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Mary A. Davis, City Clerk
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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.
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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
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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
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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:
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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
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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
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(Fre~'N~~~;i :::;: .,/:;::::; 0,- ..,
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(Frank L. Wagner)
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Its Board of Dock Commi:;3iuners
1JUoU,-<U~_\'Ir,Rli\A INC., Lessee,
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tJy '..J'-<:' c' 1/ /;:;.Iu-?~'
(George V. ~~bert ,
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-~..,~v.:.'W' V" (/ \ OtJ.;j/ ..,
(T.B.Roshek)
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( Olem
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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')~_."
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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.
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121'1'': liF !)UiJUtUE, lO;";~, Li~ssor,
,98;b 5QO,~^,,\
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Its Board Gf Dock C'.);r,missionara
DUBU~ll\. ;<.EiA, Il,C., r.es~e,
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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"
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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
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Dated: - 1'<. fI
(}~-u'.2t- / tj ,j"K
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OF UUDU~U~, IOWA, Lessor
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By
Its Board o'f Dock Commi3sioners,
UUDU...U~ 1'Jl..lUl;A, INlJ., Lessee,
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. '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'
'. : $:~"'~/~/!;~: . .
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.Qt",!:;?; <': I . '. Tl1.1 s Leo se and J\greement made am entered into this
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.. ',/::~" 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-
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poration, whose principal place of business is 804 South Grand-
vi~w Avenue, Duouque, Iowa, hereinafter called "Lessee", pro-
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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 ,
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. " ,::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 .
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(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.
~
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(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
~-- ,..
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wa tor inlet for a. ,
e harbor mouth ' ."
. ~. .:;-~"~;:~:::~:..~.'._;.:~';-=1:- !~.:..:...:_-:::::....-::=:.--'_~u-'
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(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', '
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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.
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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.
-.....-:;-.~--,~;--
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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.~
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'," >~";':1l-~~~C"'h'_"._n
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;.., /. J/f'; /f I' / I.,
, I~s BQ~d ot Dock ~ommissioners
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UUuU~U~ MARINA ING., Lessee
lly
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to
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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._."
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.
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~
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. . .
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Its Boa cd r~. f Dock C:);r.T.issionar B
DUBU~lJ\~IHA,
-(- i"
BY: ---
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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
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By
, l,iJ-Y' 11..' -
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Dated: J(/lt"~) 7
(}~'2t /93--6
I
Its Board ,if Dock Commissioners,
lJUDU,,"U~ l'uUUI;A, Il~L;., Lessee,
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~."{,:?;';;:"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. ;
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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
~ .. . . ;
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er, in
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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
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(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
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(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:~-'~-~--:-~-~":::::::.::':::.':::~':~': ..-~-:-:.;::.-.....:-.~ .....::.:.~.~:.:==:.::=:..~.::::::-
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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.
.
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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,
.. ., <' "".. ..
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By r", J: ,{A..-I. (,....) '~['c.t,/J "~c-,,a..,~
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I ~~s BQ~d of Dock ~ommissioners
./
.
UUuU~U~ MARINA INC., Lessee
By
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......-.... ....._~_.............~......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
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I . . I'!.I .
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I 1lAL G,"-/~L . /
Michael C. Van Milligen
MCVM/j
Attachment
cc: Barry Lindahl, Corporation Counsel
Tim Moerman, Assistant City Manager
.
.
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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