Bowling and Beyond Termination of Leases
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Bowling & Beyond Dubuque, Inc.: Agreement to Terminate Leases and
Approval of Payment for Agreement
DATE: October 11, 2012
Assistant City Attorney Maureen Quann is recommending approval of an agreement
with Bowling & Beyond to terminate their lease of City land at 1860 Hawthorne Street.
This would give the City of Dubuque ownership of the site improvements and control
over the site for redevelopment.
City staff was approached by Bowling & Beyond about buying out or terminating its
leasehold interest in the Property. After lengthy negotiations, it was determined that the
consideration for terminating the leasehold interest would be $1,000,000.00 (the
"Purchase Price"), paid over the course of twenty years, without interest, as follows:
$50,000.00 at closing, and $50,000.00 annually on the anniversary of the closing until
the Purchase Price is paid in full. The market value of the property, as determined
through an appraisal, is $1,698,000.
The current leases for the Property are long-term leases that do not expire until 2058
and only generate annual rental for the City in the amount of $5,174.44 for the leased
area of 4.5634 acres. The City pays property taxes for the Property in the amount of
$3,542.00 per year. This results in a net rental income of $1,632.44 per year - only
$357.72 per acre per year. Terminating the existing leases would allow the City to enter
into a more beneficial lease or leases that generate significantly greater rental income
for the City. The purchase of this property will be funded by Greater Downtown TIF
revenues.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
/1711d144 Ift44/
Michael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Maureen Quann, Assistant City Attorney
2
THE CITY OF
DUB UE MEMORANDUM
Masterpiece on the Mississippi
MAUREEN A. QUANN, ESQ. irViamkee4„,4Aet4,L__.
ASSISTANT CITY ATTORNEY
To: Michael Van Milligen
City Manager
DATE: October 11, 2012
RE: Bowling & Beyond Dubuque, Inc.: Agreement to Terminate Leases and
Approval of Payment for Agreement
INTRODUCTION
This memorandum presents for City Council consideration a resolution to approve the
proposed Agreement to Terminate Leases (the "Agreement ") with Bowling & Beyond
Dubuque, Inc. ( "Bowling ").
The proposed Agreement would allow the City to regain control and possession of the
property located at 1860 Hawthorne Street, the location of Bowling, for further
redevelopment and reinvestment.
BACKGROUND
On October 1, 2012 the City Council adopted the Resolution Approving the Amended
and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District.
The Bowling property (the "Property ") is in the newly expanded Greater Downtown
Urban Renewal District (the "District ").
City staff was approached by Bowling about buying out or terminating its leasehold
interest in the Property. After lengthy negotiations, it was determined that the
consideration for terminating the leasehold interest would be $1,000,000.00 (the
"Purchase Price "), paid over the course of twenty (20) years, without interest, as follows:
$50,000.00 at closing, and $50,000.00 annually on the anniversary of the closing until
the Purchase Price is paid in full. The City would execute a promissory note for the
remaining balance of the Purchase Price after the initial payment is made at closing.
Under Iowa Code Sections 384.24A, 384.24(3)(q) and 384.25, the City Council must
hold a public hearing to discuss entering into this Agreement, and publish
OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001 -6944
TELEPHONE (563) 589 -4381 / FAx (563) 583 -1040 / EMAIL mquann @cityofdubuque.org
notice of the public hearing at least ten days prior to the public hearing. The notice
must notify the public of the right to petition for an election on the proposal to enter into
the Agreement. The notice was duly published on October 5, 2012, and to date no such
petitions have been filed.
DISCUSSION
Adopting the resolution approving the Agreement to terminate Bowling's leasehold
interest and regain possession and control of the Property would be beneficial for the
following reasons:
• In an appraisal performed by Felderman Appraisals, the market value of the
leasehold interest was appraised at $1,698,000.00. The City has been offered
the opportunity to buy out or terminate the leasehold interest for the reduced
value of $1,000,000.00, nearly $700,000.00 below market value.
• The current leases for the Property are long -term leases that do not expire until
2058 and only generate annual rental for the City in the amount of $5,174.44 for
the leased area of 4.5634 acres. The City pays property taxes for the Property in
the amount of $3,542.00 per year. This results in a net rental income of
$1,632.44 per year — only $357.72 per acre per year. Terminating the existing
leases would allow the City to enter into a more beneficial lease or leases that
generate significantly greater rental income for the City.
• The Property could be redeveloped for possible City use such as office space or
other uses.
• Currently the Property is not open for business and sits unused. Reclamation of
riverfront property for further redevelopment and reinvestment is consistent with
the goals of the District in which the property is included.
RECOMMENDATION
Assuming no petitions are filed prior to the Council meeting, I recommend that the City
Council adopt the attached Resolution Approving the Agreement to Terminate Leases
between the City and Bowling.
MAQ:jmg
Attachments
cc: Barry Lindahl, City Attorney
David Heiar, Economic Development
Prepared by: Maureen A. Quann, 300 Main Street, Suite 330, Dubuque, IA 52001 563 -589 -4113
Return to: Maureen A. Quann, 300 Main Street, Suite 330, Dubuque, IA 52001 563 - 589 -4113
RESOLUTION NO. 287 -12
RESOLUTION APPROVING AN AGREEMENT TO TERMINATE LEASES WITH
BOWLING & BEYOND DUBUQUE, INC. FOR A BUILDING LOCATED IN THE
GREATER DOWNTOWN URBAN RENEWAL DISTRICT
Whereas, the City Council, by Resolution No. 271 -12, dated October 1, 2012,
expanded and amended the Greater Downtown Urban Renewal District to provide
opportunities for further redevelopment and reinvestment in the downtown area; and
Whereas, in the 1950s the City of Dubuque ( "City ") entered into a long term lease
with a predecessor to the current lessee, Bowling & Beyond Dubuque, Inc. ( "Bowling "),
for a property located at 1860 Hawthorne Street, in the newly expanded Greater
Downtown Urban Renewal District (the "Property "); and
Whereas, under a proposed agreement between the City and Bowling (the
"Agreement "), City and Bowling agree to terminate all leases between City and Bowling,
consideration for which termination of the leases will be in the aggregate amount of
$1,000,000.00, beginning with a payment of $50,000.00 at closing and $50,000.00
without interest on the anniversary date of the closing each year thereafter, continuing
until the City has made twenty (20) such payments for a total of $1,000,000.00; and
Whereas, pursuant to Iowa Code Sections 384.24A, 384.24(3)(q) and 384.25, a
public hearing was held on October 15, 2012 at 6:30 p.m. in the Historic Federal Building,
350 W. 6th Street, Dubuque, Iowa after publication of appropriate notice thereof, on the
proposed Agreement between the City and Bowling; and
Whereas, it is the determination of the City Council that approving the Agreement
to terminate the leases and regain possession of the Property for redevelopment and
reinvestment, in exchange for certain payments to be made by the City to Bowling, is in .
the public interest of the City of Dubuque.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the attached Agreement to Terminated Leases by and between
the City of Dubuque and Bowling & Beyond Dubuque, Inc. for the termination of leases
and the regaining of possession of the Property is hereby approved.
Section 2. That the Mayor is hereby authorized and directed to execute the
Agreement to Terminate Leases on behalf of the City and City Clerk is authorized and
directed to attest to his signature.
Section 3. That the City Manager is authorized to take such actions are necessary
to comply with the terms the Agreement to Terminate Leases as herein approved.
Passed, approved and adopted this 15th day of October, 2012.
Attest:
Kevin . Firnstahl, City lerk
Roy. D/Buol, Mayor
AGREEMENT TO TERMINATE LEASES
This Agreement to Terminate Leases ( "Agreement ") is made this day of
QU , 2012, by the CITY OF DUBUQUE, IOWA ( "CITY "), and BOWLING &
BEYOND DUBUQUE, INC. ( "BOWLING "), an Iowa Business Corporation whose
address for purposes of this Agreement is 1860 Hawthorne Street, Dubuque, IA 52001.
WHEREAS, CITY and BOWLING (as successor to original lessees) are parties
to two Lease Agreements and an "Addendum to Lease Agreement" for the real
property, including the improvements thereon as described in each (collectively the
Leased Premises) as follows:
A. A certain "Lease and Agreement" for two acres dated May 2, 1958 for the
following premises:
A tract of land in Block 2 of River Front Subdivision No. 3, three
hundred (300) feet in depth, fronting on Hawthorne Street, two (2)
acres in area, and bounded on the south by a line parallel to and
one hundred (100) feet north of the north line of Harbor Street;
B. A "Lease Agreement" for 2.07 acres dated April 14, 1964, for the following
described premises:
A tract of land in Block 2 of River Front Subdivision No. 3, three
hundred (300') feet in depth, fronting on Hawthorne Street 2.07
acres in area;
C. An "Addendum to Lease Agreement" dated June 19, 1973, being an
Addendum to the above described Lease dated April 14, 1964, and containing 0.4934
acres legally described as follows:
In Block 2 in "River Front Subdivision No. 3" in the City of Dubuque,
Iowa, being comprised and made up of a tract of land commencing
at the extreme northerly corner of said Block 2, being the point of
beginning, thence South 49° 27' East, 61.29 feet along the
southwesterly street line of Hawthorne Street to the northwesterly
line of Lease No. 2 in said Block 2, thence South 44° 01' West,
300.00 feet, along said northwesterly line of Lease No. 2 in said
Block 2, thence North 49° 07' West, 82.28 feet, in line with the
southwesterly line extended of Lease No. 2 in said Block 2 to the
southeasterly street line of Kerper Boulevard, Thence North 48 °00'
East, 301.49 feet along said southeasterly street line of Kerper
Boulevard to point of beginning.
The May 2, 1958 Lease was signed by Lessee Raymond Seger, and the April 14,
1964 Lease, and June 19, 1973 Addendum to Lease Agreement were signed by Lessee
072512baI
Riverside Bowl, Inc., an Iowa corporation. BOWLING is the successor in interest to
Raymond Seger and Riverside Bowl, Inc.; and
WHEREAS, pursuant to the May 2, 1958 Lease, a building built by Raymond
Seger and currently occupied by BOWLING is located on the Leased Premises (the
Building); and
WHEREAS, it is the intent of CITY and BOWLING that the two Leases and
Addendum described above between the parties, including any options and rights of
first refusal therein, shall stand as canceled and terminated as provided below, and all
of BOWLING'S right, title and interest in and to the Building and the Leased Premises
be conveyed to the City, free of liens and encumbrances.
NOW, THEREFORE, in consideration of the purchase price stated herein, CITY
and BOWLING agree as follows:
SECTION 1. PURCHASE PRICE. CITY shall pay BOWLING the Purchase Price as
set forth in Section 16.7 below.
SECTION 2. REAL ESTATE TAXES. Pursuant to the Leases being terminated
herein, CITY is responsible for real estate taxes.
SECTION 3. SPECIAL ASSESSMENTS. CITY shall pay all special assessments
which are a lien as of the date of Closing.
SECTION 4. RENT. Beginning on June 1, 2012, BOWLING'S rental payments have
been deferred and shall be prorated through the date of signing of this Agreement
deducted from the Purchase Price at the time of Closing.
SECTION 5. RISK OF LOSS AND INSURANCE. BOWLING and CITY shall bear
their own respective risks of loss or damage to the Building prior to Closing or
possession. BOWLING agrees to maintain existing insurance protecting BOWLING and
CITY may purchase additional insurance to protect CITY's interests. In the event of
substantial damage or destruction of the Building prior to Closing, this Agreement shall
be null and void. The Building shall be deemed substantially damaged or destroyed if it
cannot be restored to its present condition on or before the closing date.
SECTION 6. CARE AND MAINTENANCE. The Leased Premises and Building shall
be preserved in its present condition and delivered intact at the time possession is
delivered to CITY, provided, however, if there is loss or destruction of all or any part of
the Leased Premises and Building from causes covered by the insurance maintained by
BOWLING and /or CITY, the parties' rights will be governed as set out in Section 5
above, and this Agreement shall be null and void.
2
SECTION 7. POSSESSION AND CLOSING. If CITY timely performs all obligations,
and all contingencies (see Section 16) are met or waived, possession of the Leased
Premises and Building shall be delivered to CITY on or before December 31, 2012 (the
"Closing date "), or upon completion of the contingencies in Section 16.7 if they require a
longer Closing /possession period, but if Closing and possession is delayed beyond
January 31, 2013, BOWLING, at its option, may declare this Agreement null and void
SECTION 8. FIXTURES. The Leased Premises and Building do not include the
personal property and trade fixtures expressly set forth in Exhibit A attached hereto, all
of which may be removed by BOWLING if at all by no later than the Closing date but
only to the extent such items can be removed without substantial damage to the leased
premises and building.
SECTION 9. USE OF PURCHASE PRICE. At time of settlement, funds from the
Purchase Price may be used to pay rent or any liens and to acquire outstanding
interests, if any, of others.
SECTION 10. ABSTRACT AND TITLE. CITY, at its expense, shall promptly obtain a
lien search or an abstract of title to the Leased Premises and Building continued through
the date of acceptance of this offer which shall show that the Leased Premises and
Building are free from any liens or encumbrances in conformity with this agreement, Iowa
law and Title Standards of the Iowa State Bar Association. BOWLING shall pay the costs
of any additional abstracting and title work necessary to show that any liens or
encumbrances have been satisfied and clear title.
SECTION 11. QUIT CLAIM DEED AND BILL OF SALE. Upon payment of the
Purchase Price, BOWLING shall execute and deliver to CITY a Quit Claim Deed
( "Deed ") to the Leased Premises, and will provide a Bill of Sale to CITY for the Building.
SECTION 12. TIME IS OF THE ESSENCE. Time is of the essence in this
Agreement.
SECTION 13. REMEDIES. BOWLING and CITY shall have all remedies allowed by
law for the breach by either of this Agreement, provided, however, that after the Closing,
BOWLING's exclusive remedy for CITY's breach or other failure to perform all
obligations and conditions to be performed by CITY under this Agreement shall be an
action at law on the Promissory Note.
Except as otherwise provided herein, if the sale contemplated by this Agreement is not
consummated by reason of BOWLING's failure to perform all obligations and
agreements to be performed by BOWLING under this Agreement, CITY's remedies
shall be to (i) terminate this Agreement, or (ii) if BOWLING's default is refusal to deliver
the Deed and Bill of Sale in accordance with this Agreement, then CITY shall be entitled
to specific performance of BOWLING's obligations, and /or (iii) in all cases of default, any
other remedies allowed by law. Should this Agreement not be consummated for any
3
reason other than a breach by CITY, all deferred rent shall become immediately due
and payable to CITY.
SECTION 14. AGREEMENT BINDING ON SUCCESSORS IN INTEREST. This
Agreement shall apply to and bind the successors in interest of the parties.
SECTION 15. CONSTRUCTION. Words and phrases shall be construed as in the
singular or plural number, and as masculine, feminine or neuter gender, according to
the context.
SECTION 16. OTHER PROVISIONS.
16.1. The Agreement is subject to final approval of the City Council of the City of
Dubuque, Iowa in its sole discretion.
16.2. CITY, its counsel, accountants, agents and other representatives, shall have full
and continuing access to the Leased Premises and Building and all parts thereof, upon
reasonable notice to BOWLING for the purpose of inspecting, surveying, engineering,
test boring, performance of environmental tests and such other work as CITY shall
consider appropriate, provided that CITY shall hold BOWLING harmless and fully
indemnify BOWLING against any damage, claim, liability or cause of action arising from
or caused by the actions of CITY, its agents, or representatives upon the Leased
Premises and Building (except for any damage, claim, liability or cause of action arising
from conditions existing prior to any such entry upon the Leased Premises and
Building), and shall have the further right to make such inquiries of governmental
agencies and utility companies, etc. and to make such feasibility studies and analyses
as CITY considers appropriate. The inspection, surveying, engineering, test boring,
performance of environmental tests and such other work contemplated herein shall be
completed by CITY within thirty (30) days of the signing of this Agreement. See also
Section 16.6 below.
16.3. BOWLING warrants that the rights of all tenants shall be terminated by BOWLING
prior to the Closing Date and that there will be no tenants whose rights in the Leased
Premises and Building survive the Closing. This covenant shall survive the Closing.
16.4. CITY, if requested by BOWLING, will acknowledge on the appropriate Internal
Revenue Service form prepared by BOWLING that CITY is in receipt of an appraisal of
the Leased Premises that shows the fair market value of the Building , "AS IS" and
without the underlying land to be $827,000.00.
16.5. Environmental Provisions.
(1) BOWLING warrants to the best of its knowledge and belief that there are
no abandoned wells, solid waste disposal sites, hazardous wastes or
substances, underground storage tanks, burial sites or private wastewater
4
disposal systems located on the Leased Premises and Building, the Leased
Premises and Building do not contain radon gas, asbestos or asbestos
containing building materials, or urea - formaldehyde foam insulation, and
BOWLING has done nothing to cause or allow contamination of the Leased
Premises and Building with hazardous wastes, substances, or pollutants.
BOWLING warrants to the best of its knowledge and belief that the Leased
Premises and Building are not subject to any local, state, or federal judicial or
administrative action, investigation or order regarding any environmental matter.
BOWLING shall provide CITY with a properly executed Groundwater Hazard
Statement showing no wells, solid waste disposal sites, hazardous wastes,
underground storage tanks, private burial sites or private wastewater disposal
systems on the Leased Premises and Building which shall be considered a
warranty and representation by BOWLING to CITY.
(2) Following Closing, should the CITY learn that the environmental condition
of the Leased Premises and Building requires assessment and /or corrective
action pursuant to local, state or federal law, for matters first arising during the
time period the Leased Premises and Building were controlled by BOWLING,
BOWLING shall take all action as may be required by law to fully address the
environmental condition and BOWLING shall indemnify and hold harmless the
CITY from any claims and costs, including attorneys' fees and consultants' fees,
arising therefrom.
(3) These environmental provisions shall survive closing.
16.6 Inspection. If CITY's inspection of the Leased Premises and Building result in
the discovery of any environmental hazards, structural defects or other defects that
render building unusable or uninhabitable, CITY may terminate this Agreement, and all
deferred rent shall become immediately due and payable to CITY. Inspections under
this paragraph shall be completed by CITY within thirty (30) days of the signing of this
Agreement.
16.7. CITY Contingencies. This Agreement is subject to and contingent upon one of
the following options being selected by BOWLING at the time of BOWLING'S execution
of the Agreement. If neither option is selected by BOWLING, this Agreement shall be
null and void. BOWLING shall indicate its selection by marking the box above
BOWLING'S signature line.
(1) Option /Contingency A — Twenty (20) Year Purchase Price. The Purchase
Price will be paid as follows: $50,000.00 at Closing, and $50,000.00 without
interest on the anniversary date of the Closing of each year thereafter,
commencing on the first anniversary date after the Closing, until CITY has made
twenty (20) payments of $50,000.00 for a total of $1,000,000.00 (the "Twenty
Year Purchase Price "). After CITY has paid the Twenty Year Purchase Price, the
Purchase Price shall be deemed paid in full. CITY shall deliver to BOWLING at
5
the Closing a Promissory Note for the balance of the Twenty Year Purchase
Price.
If this option is selected, BOWLING acknowledges that CITY must (i) complete
all required proceedings and legislative processes under Chapter 403 of the
Code of Iowa to effect amendment of the Urban Renewal Area to include the
Property in the current Dubuque Urban Renewal Area or to effect a new Urban
Renewal Area for the Property and to authorize the expenditures in the
Agreement as an urban renewal project and (ii) complete all conditions and
procedures required (to the satisfaction of the City of Dubuque bond counsel) by
Chapters 384 and 403 of the Code of Iowa with respect to the issuance of the
bonds or notes for the Purchase Price, including the holding of all required public
hearings relating to the same.
(2) Option /Contingency B — Ten (10) Year Purchase Price. The Purchase
Price will be paid as follows: $70,000.00 at Closing, and $70,000.00 without
interest on anniversary date of the Closing of each year thereafter commencing
on the first anniversary date after the Closing, until CITY has made ten (10)
payments of $70,000.00 for a total of $700,000.00 (the "Ten Year Purchase
Price "). After CITY has paid the Ten Year Purchase Price, the Purchase Price
shall be deemed paid in full. CITY shall deliver to BOWLING at the Closing a
Promissory Note for the balance of the Ten Year Purchase Price.
Under both options, BOWLING may designate to whom checks are made payable.
Under both options, this Agreement is subject to a public hearing at which citizens may
petition for a referendum necessitating an election to approve the borrowing of funds to
complete this Agreement. If such a petition is made, CITY may, in its sole discretion,
void this Agreement upon written notice to BOWLING, in which case the purchase of
the Leased Premises and Building will be canceled.
BOWLING'S selection of Option /Contingency A or Option /Contingency B, once made, is
permanent and binding and cannot be waived, modified or changed thereafter, without
the consent of CITY.
SECTION 17. TIME FOR ACCEPTANCE. If this offer is not accepted by BOWLING
on or before July 25, 2012 it shall become void and all payments shall be repaid to CITY.
Dated:
, 2012. Dated:
, 2012.
CITY OF DUBUQUE, IOWA BOWLING & BEYOND DUBUQUE, INC.
BUYER SELLER
6
By:
Michael C. Van Mil!igen
City Manager
7
Purchase Price:
Option A
Option B
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gre, awl ch. rrr r c).-67 'l es do ii
7A-
EXHIBIT A
PERSONAL PROPERTY AND TRADE FIXTURES
8
REMOVABLE PERSONAL PROPERTY AND TRADE FIXTURES
The Real Estate does not include the following personal property and trade fixtures, all of
which may be removed by Seller, if at all, by no later than the Closing Date but only to the
extent such items can be removed without substantial damage to the Real Estate:
Bowling Lanes - Pinsetters - Accessories
1. 26 Brunswick model 750000 automatic pin setters
2. 14 Brunswick model 12- 750000 automatic pin setters
3. 40 sections Synthetic lane covering with approaches for 40 lanes
4. 40 original pine and maple lane flooring & lane approach for 40 lanes
5. 40 42" x 48" pin decks
6. 20 accelerators
7. 20 Brunswick - CDD cameras - #57- 216215
8. 21 Brunswick caps - center rails with bumpers & gutters
9. 20 Brunswick dividers - end rails with bumpers & gutters
10. 20 Brunswick hoods and racks
11. 20 spare ball racks
12. 20 pairs of Brunswick scoring monitors & 20 pairs of Brunswick scoring consoles
13. 20 Powerlifts & 20 Subway ball return racks
14. Center Master Software system version 1.10.5 with 4 Touch Screen POS
15. Planar Screens - 4 cash drawers - 4 CPU's - Slip printers - Back House CPU
16. Kegel Lane Machine
17. Cosmic Bowling Special Effects Lighting
18. Fog Machines
19. Black Light fixtures
BOWLING RELATED - PIN CLEANERS
20. Century coin op ball polisher
21 Brunswick 14 -86070 Lustre Kleen coin op ball conditioner
22. 20 Brunswick 57- 300083 lane group processors & 20 Brunswick 57- 3000856
frameworx touchworx control units - not in use
23. New front covers for frameworx scorers
24. 18 ball bowling ball racks
25. 21 ball portable wood bowling ball rack
26. 10 door bowling ball lockers
27. Steel pipe wall mount bowling ball racks
28. Bowling ball handicap rails
29. Hundreds of bowling pins
30. Perry Austin pin cleaner
31. Portable galvanized pin cleaner
PRO SHOP & SILK SCREEN EQUIPMENT
32. Atlas model 824 conveyor curing tunnel, sin 011835
9
33. Atlas X -L Flash Spot Dryer, 16" x 24" sin 010114
34. Atlas 4 head aluminum silk screen frame wl stand, sin 010928
35. HIH Corporation H1620 heat transfer press
36. 2006 Versa Laser VL200 laser engraving cabinet wi computer & software
37. Haus 3 head bowling ball resurfacing system
38. Delta 17 -965 drill press w/ 14" square drilling table
39. Aluminum drill press ball jig
40. Brunswick 24 jig thumb & finger size cabinet
41. Vise Finger wall mount cabinet wl finger grips
42. AMF 17# bowling ball platform scale
43. 13" Counter shear
44. 5 Drawer blue print cabinet
45. 5/8" to 1 1/8 concrete tip drills
46. 72" Oak glass display case
47. Display countertops & cabinets
48. Slatwall merchandise display system
49. Misc trophy supplies
PIZZA & KITCHEN EQUIPMENT
50. 2 Lincoln Impinger 1302 - 16" electric pizza conveyor ovens
51. Castle combination 12" radiant chargriil wl 12" flat grill
52. 2 Vulcan 35# gas fryers
53. Anvil counter 2 burner range
54. Miroil BD505 portable grease filter system
55. Henny Penny 600 gas pressure fryer
56. Henny penny 500 - 3 phase pressure fryer
57. Dean 35# LP fryer
58. Silesia electric double counter contact grill
59. Aerohot 4 & 5 well electric steam tables
60. 57" Stainless 3 bin sink wl attached right drain board
61. Grease trap
62. 30" x 36" Stainless work table
63. 30" x 8' Stainless equipment stand
64. 50" Metro stainless work table w/ wire under shelf
65. K -Guard kitchen fire extinguisher
66. Amana microwave
67. Fatigue mats
68. Gray kitchen garbage cans
69. Brute barrels
WALK IN & BAR EQUIPMENT
70. Perlick 4' x 7' x 67" high walk in keg cooler, self contained, 1 ph
71. 4 East & West major league baseball bat displays
72. 35 Mauve vinyl bar chairs w/ pleated backs
73. 14 Burgundy tweed S style frame bar chairs
74. Star Galaxy G14Y popcorn popper
75. 30" Round paddle spinning wheel
76. Vita Mix VMO126 blender machine
77. 6' x 14' x 96" 2 door locking liquor cage
78. 2 Perlick BR96 - 4 door black vinyl back bar coolers w/ remote compressor, 1 ph
- like new
79. Perlick 2 door oak Formica back bar cooler w/ remote compressor, 1 ph
80. Perlick 4 door oak Formica back bar cooler wI remote compressor, 1 ph
81. 6' & 8' Stainless 3 bin bar sink w/ double drain boards
82. 36" Stainless 1 bin sink w/ double drain boards
83. Glass Tender 114" blender station, 2 glass drain table & cocktail station unit
84. Perlick Chrome 6 spigot beer tower
85. 2 Perlick Chrome 3 spigot beer towers
86. 2 - 24" Stainless drop in ice bins
87. Berg 108 bottle liquor dispensing system wI 6 Berg Laser 1600 hand guns
88. Perlick glycol beer pump system
89. Assorted bar glasses & bounce pitchers
90. Assorted beer signage & tins
91. Vintage Beer Lights - TV'S - Audio - DJ Lighting
92. Budweiser round Clydesdale revolving beer light
93. Budweiser Clydesdale beer light - 48" long
94. 2 Budweiser 36" x 36" OLD lighted wall clocks
95. 3 Vizio 37" flat screen TV wl wall mount brackets
96. 2 AKAI 32" tube TV's w/ ceiling mount brackets
97. 10 JBL Control Brunswick wall mount speakers
98. 6 Sections 5' triangle light trussing
99. Numark Pro CD -Mix 1 cd mixing console
100. Elektralite remotes
101. Middle Atlantic Product component rack with PD -915 power center
102. Rane CP52 processor
103. Rane AC22B Active Crossover
104. QSC 15A - 500Ti - 500 watt Pro Amp
105. QSC 15A - 750 - 750 watt Pro Amp
ICE MACHINE & REFRIGERATION
106. Scotsman CME506AE -1 A 500# cuber, air cooled
107. 3 True 2 door stainless freezer
108. True 60" 2 door sandwich prep table
109. True 27" under counter cooler w/ stainless work top
110. 2) 1 Fan evap & compressor for walk in cooler, 1 ph
111. 1200# stainless ice bin
SEATING & TABLES
112. 100 Black 1" pad stack chairs
113. 18 burgundy plastic stack chairs
114. 54" round banquet tables
115. 30" square white Formica top tables
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116. 36" square tables
117. 48" round tables
118. 24" round & 24 x 55 & 24 x 60 gray sand pebble Formica top table tops w/ purple
dura edge;
DINING & KITCHEN RELATED
119. Nacho cheese dispenser
120. Bunn coffee brewers
121. Rubbermaid bus carts
122. Silverware
123. Acrylic inset pans
124. Stainless chaffing units
125. 36" ticket rails
126. Crock pots
127. Napkin dispensers
128. Pretzel cabinet
129. Brown service trays
130. Paper & styro products
MISCELLANEOUS
131. Scotts 19 hp riding mower w/ 46" deck
132. 42" 8 horse parking lot sweeper
133. 800+ feet chain link fencing 7' high and 2) 3 head lights in volleyball area
134. Wood picnic tables
135. Miller Lite volley ball nets
136. Wilson volley ball's
137. Craftsman 10" radial arm saw
138. Scotts turf master lawn edger
139. Wheel barrels
140. Seed drop
141. 'h barrel ice coolers
142. 2' x 10' alum portable staging
143. Outside garbage cans
144. Smoking towers
145. 10' x 10' EZ UP pop up tents
146. 10' x 20' pop up car tents
147. Security cones
148. Rolls quality wall paper
149. Dimensional lumber
150. Werner 6' & 10' fiberglass step ladder
151. Unmounted florescent lights
152. Patio umbrellas
153. Shop Vac 12 gallon shop vac
154. 4 wheel carts
155. Wood wishing wells
156_ Wood church
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157. 3' & 9' aluminum security gates
158. Assorted davenports; chairs, Tamp tables; rugs; dressers, chest
159. Unattached 20 gallon water heater
160. Unattached wall mount water cooler
161. Seasonal decor
162. Pelouze 70# parcel post scale
163. Sections 4' x 6' lite industrial wall shelving
164. Metro coated & chrome 48" wire wall shelving
TOOLS, etc.
165. Lincoln Pro -Mig 135 welder - 110v
166. Craftsman Professional Variable Speed Wood Lathe - 38"
167. Chicago Industries G -14 - 12 speed counter top drill press
168. Delta Milwaukee Band Saw - 36"
169. Best Tools 20 gallon parts washer
170. Model 928 - 12 ton shop press
171. Craftsman 2400 psi - 2.2 gpm - 6 hp gas power washer
172. Pro Tech 10" table saw
173. 7' steel work & layout welding table
174. Skilsaw 10" miter saw
175. Pedestal 6" grinder
176. Craftsman 1 .5 hp - 15 gallon air compressor
177. Hotsy model 100 power washer
178. Werner 24' extension ladder
179. Fire extinguishers
180. 8' wood step ladder
181. Conoco electric Sewer - Raider
182. Brunswick 18" floor buffer
183. 10' aluminum extension ladder
184. B & D 6" bench grinder
185. Greenfield
186. Drill bits - wood & metal
187. Model 306 wire dispenser rack w /wire
188. New & used electrical wire
189. Jacobs clamp - bar clamps
190. Compressor and evaporator
191. Saw horses
192. Brunswick scoring parts & pieces
193. Craftsman gas chain saw
194. Motor parts
195. Steel bins
196. Metal shelving
197. Desmond 43 bench vise
198. Welding gear & supplies
199. Work Mate work bench
200. Craftsman AC rotor tool w /kit
201. All in One Cutting tool
202. Solder gun
203. B & D has plane
204. Craftsman 1/2" drill
205. Skil type 1 router
206. 2 & 3 jaw pullers
207. Car ramps
208. Porter Cable framing nail gun w /case
209. B & D skill saw
210. Right angle buffer
211. Pad sanders
212. Misc. Electrical & Plumbing fittings
213. 12' x 10' tall metal shelving unit
214. 4" bench vise
215. Shop Vac 20 gallon
216. Century ALD Lane cleaner
217. Wood work benches
218. Extension cords
219. 5 door lockers
220. 36" & 48" metal racks
221. Eagle belting Co - weld /splice kit
222. Urethane belting
223. 20' x 12' tall steel shelving unit
224. 18" disco ball
225. Nut & bolt bins
226. Section 6 KAR inventory product bins - w /inventory
227. 4 drawer nut & bolt bins w /inventory
228. 36" x 7' tall inventory bin with inventory
229. Craftsman mechanics box with roll away tool box
230. Socket sets; screwdrivers; wrenches; pliers; vise grips; chisels; punches; drill bits
231. MTX Pro 210 speakers
232. Koss stereo
233. Living Air air purifier
234. Allen battery charger
OFFICE EQUIPMENT, etc.
235. NEC Phone system with phones
236. Diebold floor safe
237. HP LaserJet 4000TN printer
238. JTech Premises pager system
239. Hypercom T7P credit card machine
240. HP LaserJet 4345mfp printer
241. Symphonic TV
242. Cisco router
243. SMC EZ switch
244. HP LaserJet 4700dn printer
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245. Gardall digital safe
246. Motorola CLS1000 hand held radios
247. Dell Dimension 2800 cpu /monitor
248. Office desks & chairs
249. File cabinets
250. Image Vault EM -616 — DVR security system with cameras
251. Cummins Jet Sort coin counter
252. 5 drawer lateral file cabinets
253. 2 door office cabinets
254. HP Business Ink Jet 3000 printer
255. HP Design et Z2100 printer
256. Model 3015A & model 3010 vending machines
257. Betco EB1600 floor buffer
258. Maytag washer & dryer
259. Executive desk
260. 4' x 7' — 5' x 9' wall mount projection screens
261. 6' x 12' retractable projection screen
262. HP LaserJet 4050 TN printer
263. office supplies
264. Misc computer components
265. Employee uniforms
266. White wire display racking
267. Portable podium
268. Mop buckets
269. Janitor carts
NOTICE OF MEETING
OF THE CITY
COUNCIL OF THE
CITY OF DUBUQUE,
IOWA, ON THE
MATTER OF THE
PROPOSED
AGREEMENT TO
TERMINATE LEASES
BETWEEN THE CITY
OF DUBUQUE AND
BOWLING AND
BEYOND DUR BUQUE,
INC. FO A
PROPERTY LOCATED
IN THE GREATER
DOWNTOWN URBAN
RENEWAL DISTRICT,
AND THE HEARING
ON THE APPROVAL
THEREO
PUBLIC NOTF ICE is
hereby given that the
City of Dubuque, Iowa,
will hold a public
hearing on the 15th
day of October, 2012 at
6:30 P.M., in the
Historic Federal Build -
ing, 350 West 6th
Street, Dubuque, Iowa,
at which meeting the
Council proposes to
take additional action
to approve an
Agreement to Ter-
minate Leases ("Agree-
ment") by and
between the City of!
Dubuque and Bowling'
& Beyond Dubuque,
Inca Under the Agree-
ment, the payments to
be made by the City
under such agreement
in + consideration for
termination of the
d 'betl there
leases escn
in '! will be in the
aggregate amount of
$1,000,000, beginning
with a payment of
$50,000 at closing and
$50,000 without inter-
est on the anniversary
date the closing
each yeof ar thereafter,
continuing until the
City has made twenty
(20) such
otal of payments 1, for
00 000.
At any time before the
date of said meeting, a
petition, asking that
the question of
entering into the
Agreement be 'sub-
mitted to the legal
voters of said City, may
be filed with the Clerk
of said City in the
manner provided by
Section 362.4 of the
Code of Iowa, pursuant
to the provisions of
Sections 384.24A,
384 24(3)(q) and 384.25
of the Code of Iowa.
At the above meeting,
the Council shall
receive oral or written
objections from any
resident or property
owner of the City, to
the above action. After
all objections have
been received and
considered, the Council
will at this meeting or
at any adjournment
thereof, take additional
action to approve the
Agreement and the
payments described in
such Agreement, or
will abandon ' the
proposal to approve
the Agreement and the
payments thereunder.
Any visual or hearing -
npaired persons need-
ing special assistance
or persons with special
accessibility needs
should contact the City
Clerk's office at (563)
589 -4120 or TDD at
(563) 690 -6678 at least
48 hours prior to the
meeting.
Published by order of
the City Council given
on the 1st day of
'October, 2012.
KevinrS. Firnstahl,
CMC, City Clerk
It 10/5
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa
corporation, publisher of the Telegraph Herald,a newspaper of general circulation
published in the City of Dubuque, County of Dubuque and State of Iowa; hereby
certify that the attached notice was published in said newspaper on the following
dates: October 05, 2012, and for which the charge is $33.11.
Subscribed to before me, ,Notary Public in and for Dubuque County, Iowa,
this ;' day of 20
ary Public in and for Dubuque County, Iowa.
MARY K. WESTERfviEYER
Commleslon Number 154885
F8 w1