Adams Co. Historical Lease Termination
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MEMORANDUM
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October 30, 2006
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TO:
The Honorable Mayor and City Council Members
FROM:
Michael C. Van Milligen, City Manager
SUBJECT: Termination of Lease with the Dubuque County Historical Society
On February 6, 2006, the City Council approved a 45-year lease of the former Adams
Company building in the Port of Dubuque to the Dubuque County Historical Society,
who had planned to renovate the existing building as part of their proposed expansion
of the National Mississippi River Museum.
On August 4, 2006, the City awarded a contract for $411 ,220 to Tricon Construction for
repairs to the building's roof. To date, the contractor has invested $90,583 of time and
materials on this project.
On September 28, 2006, the Dubuque County Historical Society and Diamond Jo
Casino announced expansion plans for a joint project between the two groups. The
expansion plans do not include utilization of the former Adams Company property. The
Dubuque County Historical Society has requested termination of their lease of the
former Adams Company property. The City appreciates this quick action by the
Dubuque County Historical Society because this now makes the building available for
redevelopment and there is some hope of saving the $297,000 U.S. Economic
Development Administration grant that can be used for this building.
Economic Development Director Dave Heiar recommends City Council approval of the
termination of the lease by the Dubuque County Historical Society for the former Adams
Company property. Dubuque County Historical Society has agreed to reimburse the
City for any costs or penalties incurred by the Tricon renovation contract for repairs to
the building's roof that were performed for the benefit of the Dubuque County Historical
Society. As of October 13, 2006, the costs incurred by the City, which Dubuque County
Historical Society acknowledges and agrees to reimburse the City in the event the City
terminates the contract, are $90,583.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
(2t,1 G;;1-1/f/__
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
David J. Heiar, Economic Development Director
TERMINATION
OF
LEASE AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
DUBUQUE COUNTY HISTORICAL SOCIETY
FOR THE ADAMS COMPANY BUILDING AND SITE
WHEREAS, the City of Dubuque, Iowa (City) and Dubuque County
Historical Society (DCHS) entered into a Lease Agreement dated the 6th day of
February, 2006 for the following described real property;
Lot 1 in Adams Company's 2nd Addition, in the City of Dubuque,
Iowa, according to the recorded Plat thereof
and
WHEREAS, City and DCHS now desire to terminate the Lease
Agreement.
NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES
AS FOLLOWS:
1. The Lease Agreement dated the 6th day of February, 2006 is terminated
effective upon execution of this Termination Agreement by both parties. Except
as provided herein, the parties mutually release each other from any further
obligations in the Lease Agreement.
2. DCHS further agrees as follows:
a. DCHS acknowledges that City entered into a contract for the
benefit of DCHS with Tricon Construction in the amount of
$411,220.00 for the repair of the roof to the Adams Co.
Building. If City determines in its sole discretion that it is
necessary to terminate the contract and City incurs any costs or
penalties to the contractor because of the termination of the
contract, DCHS shall reimburse City for all such costs or
penalties within fourteen (14) days of a receipt from City for
such costs and penalties. As of October 13, 2006, the costs
incurred by City, which DCHS acknowledges and agrees to
reimburse City in the event City terminates the contract, are
$90,583.00, as shown by Exhibit A attached hereto.
b. DCHS acknowledges that City applied for and was awarded a
grant from EDA in the amount of $297,000 for the repair of the
roof to the Adams Co. Building. DCHS agrees to cooperate with
City to assure that City receives the grant. In the event that City
does not terminate the contract for the repair of the roof but
does not receive the EDA grant because of DCHS's termination
of the Lease Agreement, DCHS agrees to pay City the total cost
of the repair of the roof but not to exceed the amount of the EDA
grant of $297,000 within fourteen (14) days of notice from City
that City will not receive the grant.
c. Notwithstanding the foregoing, DCHS shall have no liability to
City if either the termination of the contract as described in Par.
(a) or the loss of the EDA grant as described in Par. (b) is
caused solely by delay attributable to asbestos abatement in the
Adams Co. Building.
d. If DCHS pays to City any amount under Par. (a) or (b), City shall
reimburse DCHS to the extent City is also paid such amount by
a subsequent developer of the Adams Co. Building.
CITY OF DUBUQUE, IOWA
By:
Roy D. Buol, Mayor
Attest:
Jeanne F. Schneider, City Clerk
DUBUQUE COUNTY HISTORICAL SOCIETY
By:
cutive Director
Attest:
Jerry En
STATE OF I A )
COUNTY OF DUBUQUE ) ss:
On this day of 2006, before me,
, a Notary Public in and for the State of Iowa, personally
appeared Roy D. Buol and Jeanne F. Schneider, to me personally known, and,
who, being by me duly sworn, did say that they are the Mayor and City Clerk,
respectively, of the City of Dubuque, Iowa; that the seal affixed to the foregoing
instrument is the corporate seal of the corporation, and that the instrument was
signed and sealed on behalf of the corporation, by authority of its City Council, as
contained in Resolution No. adopted by the City Council of the
City of Dubuque, Iowa, on the day of , 2006, and that
they acknowledged the execution of the instrument to be their voluntary act and
deed and the voluntary act and deed of the corporation, by it voluntarily
executed.
Notary Public in and for State of Iowa
STATE OF IOWA )
COUNTY OF DUBUQUE ) ss:
On this _ day of , 2005, before me, a Notary Public
in and for the State of Iowa, personally appeared and
Jerry Enzler, to me personally known, who being by me duly sworn did say that
they are President and the Executive Director respectively of Dubuque County
Historical Society, that (the seal affixed hereto is the seal of said)(no seal has
been procured by the said) Society and that said instrument was signed (and
sealed) on behalf of said Society by authority of its Board of Directors and they
acknowledged the execution of said instrument to be the voluntary act and deed
of said Society, by it voluntarily executed.
Notary Public in and for State of Iowa
,
,
www.triconca.com
Corporate Office
2245 Kerper Blvd
Suite 2
Dubuque, IA 52001
P 563.588.9516
F 563.588.9519
902 17th Ave
Monroe, WI 53566
P 608.325.4889
16776 O'Brien Rd
Minooka, IL 60447
P 815.521.9120
F 815.467.2327
TF 866.588.9516
October 13, 2006
Mark Fassbinder
Durrant Architect
700 Locust St. Suite 942
Dubuque, IA 52001
Project:
Re:
\~
TRICON
National River Musewn - Adams Re-Roof
Proposal for Early Contract Closeout-
City to Purchase All Materials On-Site
Giese Sheet Metal (see attached)
Tricon
Project Management
Outfit Crane/Lift
Steel Deck (Restock/Ship/Load)
Steel Deck Unload
Steel Material
Sub-Total
OHP
Bond
Total
Ron Richard
Cc: Bob Schiesl
49,430.00
5,250
3,013
22,014
690
4,181
84,578
4,229
1,776
$90,583
OCT-12-2006 THU 04:11 PM ,ioso roofin, co
GI€S€
ROOFING. ARCHITECTURAL METAL . HVAC
Oc:tober 6, 2006
Ron Richard
Tricon COIISIrUclion Co.
13 7 Main S1reet
~ue, Iowa 52001
RE. AdalD!l ~mplllY Duildln/::
De8r Ron;
Here is a breakdown of the accumulated cost to date.
L Material
A. Nail base ins. non-Rtumable
B. 2" I.S.O. iDsuIation.
C. Futeners -
n. Labor (measure, equipment delivericslpick up,
unloading, reloading) .
m. Co_luioaiac (shop drawings, orderiDg.
l'CbcdulinglUld manpower Degotialioas) _
Total-
$25,990.00
$ 1 5.570.00
$4,390.00
S1980.oo
$1.500.00
$49,430.00
It you bave any questions in regards to this, pleuc feel free to call.
s~
Dan Lcibfiicd
~ject Mauaaer
282Il ftm SlrwI. Dubuque.1A ~ J
(M3) 5I6-2lIllO Phon. . (M3) 5I6-2lI6e falr
8 A R R Y A. L I N 0 A H L, E S
CITY ATTORNEY
MEMO
DATE:
Jeanne Schneider
City Clerk
October 30, 2006
To:
RE:
Termination of Lease Agreement Between the City of Dubuque and
Dubuque County Historical Society
Enclosed for the November 6, 2006 City Council meeting is the original Termination of
Lease Agreement signed by Historical Society representatives and notarized for
recording. Once the Agreement has been approved by the City Council and signed,
would you please record the original.
Enclosure
cc: Juanita Hilkin, Office Manager
OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563) 583-4113/ FAX (563) 583-1040/ EMAIL balesq@cityofdubuque.org
TERMINATION OF LEASE AGREEMENT
RECORDER'S COVER SHEET
Preparer Information:
Barry A. Lindahl, Esq.
Suite 330, Harbor View Place
300 Main Street
Dubuque, IA 52001-6944
Return Document To:
Barry A. Lindahl, Esq.
Suite 330, Harbor View Place
300 Main Street
Dubuque, IA 52001-6944
TERMINATION
OF
LEASE AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
DUBUQUE COUNTY HISTORICAL SOCIETY
FOR THE ADAMS COMPANY BUILDING AND SITE
WHEREAS, the City of Dubuque, Iowa (City) and Dubuque County
Historical Society (DCHS) entered into a Lease Agreement dated the 6th day of
February, 2006 for the following described real property;
Lot 1 in Adams Company's 2nd Addition, in the City of Dubuque,
Iowa, according to the recorded Plat thereof
and
WHEREAS, City and DCHS now desire to terminate the Lease
Agreement.
NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES
AS FOLLOWS:
1. The Lease Agreement dated the 6th day of February, 2006 is terminated
effective upon execution of this Termination Agreement by both parties. Except
as provided herein, the parties mutually release each other from any further
obligations in the Lease Agreement.
2. DCHS further agrees as follows:
a. DCHS acknowledges that City entered into a contract for the
benefit of DCHS with Tricon Construction in the amount of
$411,220.00 for the repair of the roof to the Adams Co.
Building. If City determines in its sole discretion that it is
necessary to terminate the contract and City incurs any costs or
penalties to the contractor because of the termination of the
contract, DCHS shall reimburse City for all such costs or
penalties within fourteen (14) days of a receipt from City for
such costs and penalties. As of October 13, 2006, the costs
incurred by City, which DCHS acknowledges and agrees to
reimburse City in the event City terminates the contract, are
$90,583.00, as shown by Exhibit A attached hereto.
b. DCHS acknowledges that City applied for and was awarded a
grant from EDA in the amount of $297,000 for the repair of the
roof to the Adams Co. Building. DCHS agrees to cooperate with
City to assure that City receives the grant. In the event that City
does not terminate the contract for the repair of the roof but
does not receive the EDA grant because of DCHS's termination
of the Lease Agreement, DCHS agrees to pay City the total cost
of the repair of the roof but not to exceed the amount of the EDA
grant of $297,000 within fourteen (14) days of notice from City
that City will not receive the grant.
c. Notwithstanding the foregoing, DCHS shall have no liability to
City if either the termination of the contract as described in Par.
(a) or the loss of the EDA grant as described in Par. (b) is
caused solely by delay attributable to asbestos abatement in the
Adams Co. Building.
d. If DCHS pays to City any amount under Par. (a) or (b), City shall
reimburse DCHS to the extent City is also paid such amount by
a subsequent developer of the Adams Co. Building.
CITY OF DUBUQUE, IOWA
By:
Roy D. Buol, Mayor
Attest:
Jeanne F. Schneider, City Clerk
DUBUQUE COUNTY HISTORICAL SOCIETY
By:
~w .J (l,~
y . Bertsch, President
~
STATE OF IOWA )
COUNTY OF DUBUQUE ) ss:
On this day of , 2006, before me,
, a Notary Public in and for the State of Iowa, personally
appeared Roy D. Buol and Jeanne F. Schneider, to me personally known, and,
who, being by me duly sworn, did say that they are the Mayor and City Clerk,
respectively, of the City of Dubuque, Iowa; that the seal affixed to the foregoing
instrument is the corporate seal of the corporation, and that the instrument was
signed and sealed on behalf of the corporation, by authority of its City Council, as
contained in Resolution No. adopted by the City Council of the
City of Dubuque, Iowa, on the day of , 2006, and that
they acknowledged the execution of the instrument to be their voluntary act and
deed and the voluntary act and deed of the corporation, by it voluntarily
executed.
Notary Public in and for State of Iowa
STATE OF IOWA )
COUNTY OF DUBUQUE ) ss:
I On this QlL'-Jtday of oriehof ,20oh, before me, a Notary
Public in and for the State of Iowa, personally appeared Jeff Bertsch and Jerry
Enzler, to me personally known, who being by me duly sworn did say that they
are President and the Executive Director respectively of Dubuque County
Historical Society, that (the seal affixed hereto is the seal of said)(no seal has
been procured by the said) Society and that said instrument was signed (and
sealed) on behalf of said Society by authority of its Board of Directors and they
acknowledged the execution of said instrument to be the voluntary act and deed
of said Society, by it voluntarily executed.
and for State of Iowa
Ii'
'OW"
KlMA.1<AMENTZ
(lD -'II ION NO. 74l1OOO
D1'IRE$