Bowling and Beyond Lease Extenstion Request~~~~~
GILLOON, WRIGHT & HAMEL, P.C.
Attorneys
Arthur F. Gilloon*
E. David Wright*
Dirk J. Hamel**
*Also Licensed in Wisconsin
**Also Licensed in Illinois
February 22, 2007
Please Reply To:
770 Main Street
Dubuque, IA 52001-6820
Phone: 563) 556-6433
Fax: (563)556-7706
Writer's a-mail: a¢illoonnu,dbglaw.com
Mayor Roy Buol and Dubuque City Council
City Hall
Dubuque, IA 52001
RE: BOWLING & BEYOND DUBUQUE, INC. ~-
NOTICE OF EXERCISE OF FIFTY (50) YEAR OPTION
Dear Honorable Mayor and City Council:
Our office represents Bowling & Beyond Dubuque, Inc., which operates a bowling
facility at 1860 Hawthorne Street, Dubuque, !A 52001, under two Leases with the City of
Dubuque.
The first Lease is dated May 2, 1958. The second Lease is dated Apri{ 14, 1964,
and was amended by an "Addendum to Lease Agreement" dated June 19, 1973. Copies
of the May 2, 1958 Lease, the April 14, 1964 Lease, and the Addendum of June 19, 1973
are attached. The leased area underthe May 2,1958 Lease is 2.00 acres, the leased area
underthe April 14, 1964 Lease is 2.07 acres, and the Addendum of June 19, 1973 covers
0.4934 acres.
Bowling & Beyond Dubuque, Inc. has the option to renew these Leases and the
Addendum for an additional term of fifty (50}years, with a corresponding rent of $1,134.00
per acre per year beginning June 1, 2008. All other terms and conditions of the Leases
and Addendum remain the same.
The original Leases were with Riverside Bowl, Inc. as Lessee, but the Leases were
assigned to Bowling & Beyond Dubuque, Inc., said Assignment being approved and
consented to by the City of Dubuque via Resolution No. 601-00, passed, adopted and
approved December 18, 2000.
This letter is notice to you that Bowling & Bevond Dubuque. Inc. hereby
exercises its option to extend the May 2 1958 Lease the April 14. 1964 Lease, and
Mayor Roy Buol and Dubuque City Council
Page 2
February 22, 2007
the "Addendum to Lease Agreement" dated June 19. 1973 for an additional term of
fifty (50~vears.
To the extent it is deemed necessary that American Trust & Savings Bank consent
to this Lease extension notice, said consent is attached hereto and signed by Paul A.
Pfohl, Vice President of American Trust & Savings Bank.
You are hereby advised to take notice and govern yourselves accordingly. Please
contact the undersigned if you have any questions. Thank you very much.
Sincerely, ~
0
AFG/jdh
Enclosures
Copies sent by certified mail to:
Cindy Steinhauser
Assistant City Manager
50 West 13th Street
Dubuque, IA 52001
Arthur F. Gilloon
Barry A. Lindahl
Corporation Counsel
City of Dubuque
Suite 330, 300 Main Street
Dubuque, IA 52001
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ORIGINAL FILED WITH CITY OF DUBUQUE CLERK ON FEBRUARY 22, 2007
CONSENT TO EXERCISE OF LEASE EXTENSION NOTICE
COMES NOW AMERICAN TRUST & SAVINGS BANK, of Dubuque, Iowa, and does hereby
consent to the February 22, 2007 Notice of Exercise of Fifty (50) Year Lease Option by BOWLING
& BEYOND DUBUQUE, INC., to the CITY OF DUBUQUE, IOWA, concerning the Lease
Agreement of May 2, 1958 and the Lease Agreement of April 14, 1964 (as amended by Addendum
dated June 19, 1973), referenced in an Assignment of Interests in Leases from BOWLING &
BEYOND DUBUQUE, INC. (Assignor) to AMERICAN TRUST & SAVINGS BANK (Assignee) dated
December 27, 2000.
Dated at Dubuque, Iowa, this/s day of February, 2007.
AMERICAN TRUST & SAVINGS BANK
B ~>. ~~
Paul A. Pfohl, a President
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LEASE AtvD AGREF.1~tyT
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This Lease and .~g~eement made and entered into this ~ K 1,~ f,!
o~, day of May, A, D. 195$, by and between the CITY OF Y~f~b,~, ,
t)UBU~UEZ IOWA, a municipal corporation of Iowa, through its
duly authorized Board of Dock Commissio nets, hereinafter called
"Lessor", and Raymond Seer, 6053 Oleatha Street, St. Louis,
Missouri, hereinafter called TMLessee", providing for the lea se
of the following described real estate in the City of Dubuque,
Dubuo ue County, Iowa, hereinafter referred to as the "demised
premises'}, and described as follows, to-wit:
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,
W I T N E S SET H
1. Lessor does hereby lease to Lessee the demised
premises, to have and to hold the same fora period of fifty
(50) years, commencing on June It 195$ and terminating on
MaY.31, 200$.
2. Lessee is hereby granted the option of renewing
this lease for. an additional term of fifty (50) years under
the same terms and conditions provided herein,.by giving Les-
sor written notice of his exercise of such option at least
twelve (12) months prior to the expiration of the original
term of this lea s?.
3. Lessee agrees to pay Lessor rental for said pre-
mises in accordance with the following schedule;
(a) Eight Hundred Forty Dollars (x$40) per acre
per year for each of the years from June 1, 195$
to May 31, 19$3 ~ '
{b) Ten Hundred Fifty Dollars (1050) per acre
per year for the period .from June 1, 19$3 to
May 31, 200$;
(c) In the event Lessee exercises his option here-
under,and renews this leas for the additional term
'as above provided, the annual rental for said renewal
`•~ term shall be One Thousand, One Hundred Thirty-four
' Dollars (1134) per acre per .year.
Said annual rentals shall be paid to Lessor by Lessee, annually,
in advance, prior to June 1st of each. year of the term of this
le ase, or any renewal thereof, commencing with June 1, 195$-
- 7 -
!~. Lessee agrees, at his own cost, to erect upon
th? demised premises a building containing not less than ten
thousand (10,000) square feet of ground floor area, in accord-
ance with plans and sp ecifications approved by Lessor, and at
a location on the demised premises app roved by Lessor, and to
complete said building in all respects, for immediate occupancy,
on or before January 1, 1960, unless prevented by accident or
unavoidable cause, and in such ca se, as soon after such date
as is practical, and that when completed the said building and
premises shall be free from all liens, incluaing mechanics
liens.
5• Lessee agrees to bear, pay~and discharge all
taxes, assessments, duties, imposts, sewer or water rentals,
permit fees, and burdens whatsoever assessed, charged or im-
posed, either by the Nation, State or City, or any other public
authority upon the demised premises, or any structures or
property thereon, or business conducted thereon, or upon the
owner or occupier. in respect thereto, except State, City or
County real estate taxes, or special assessments levied against
the land that constitutes the demised premises, which real es-
tate taxes and special assessments Lessor assumes and agrees to
PaY•
6. Lessee agrees not to suffer the demised premises,
during the term of this lease, or any renewal thereof, to be-
come subject to any lien or encumbrance whatsoever, without
the written consent of Lessor; it being expressly agreed that
Lessee shall not in any. event have aut hority to create any
lien, charge or encumbrance upon the land constituting the de-
mised premises.
7. Lessee agrees to keep the demised premises and
structures thereon in a neat and orderly condition at all times
and maintain the building and structures, including the drains
and sewers thereon,. at all times in goad condition and repair.
6. Lessee agrees to extend all necessary water and
sewer service, and other required utilities, to the demised
premises at Lessee's expense.
9. Lessee agrees to use the demised premises only
as a site for a bowling alley establishment, or other similar
recreational activity, with allied services proper to the
operation of the activity.
10. It is agreed between the parties hereto that
the following restrictions apply to the demised premises and
Lessee agrees to c omply therewith:
(a} Materials, supplies and refuse stored on the pre-
mises shall be stacked in orderly piles or kept in
suitable containers;
(b) Lessee shall construct no underground structures
below the depth of fifteen (15) feet and shall sink
no wells, or perform any other act which might destroy,
damage, or interfere with the subterranean water supply
underlying the arear without first obtaining the written
permission of the City Water Department so to do;
(c) No noxious or offensive trade or activity shall
be carried on on the demised premises, nor sha7:1 any-
thing be done thereon which may be or become a nuisance
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to the surrounding area by reason of unsightliness or
the offensive emission of odors, dust, fumes, smoke or
noise;
(d} No building, structure or portion thereof erected,
converted or moved onto the demised premises, shall be
used as a dwelling, except living quarters used by a
watchman or custodian.
11.Lessee agrees to comply with all applicable State,
Federal or municipal Statutes, Lames or regulations during the
term of this lease with regard to his operation of the demised
premises and not to make or suffer any unlawful activity
th ereon.
12. Upon the expiration of the term of this •l ea se,
or any ren ewal thereof, Lessee agrees to surrender up the de-
mised premises, with all buildings erected thereon, and addi-
tions thereto, in good condition and repair, reasonable wear
and tear by the elements excepted.
13• If Lessee shall make default in the payment of
the rentals hereunder, or any part thereof, or shall make de-
fault in any of the other covenants herein contained, and
such default shall continue for a period of thirty (30) days
after vritten notice thereof, mailed to Lessee at his address
stated in tha pr eamble hereof, then Lessor .shall, in addition
to the other remedies provided by Law, have the right, at its
option, to declare the term of this lease ended, and to re-
enter the leased premises, with or without process of Iaw, and
expel and remove Lessee or any persons, in or upon the same,
using such force as may be necessary under the circumstances,
and, in that event Lessee agrees to surrender and deliver up
the demised premises peaceably to Lessor. It is further agreed
that the waiver of any breach of any elause.of this lease by
Lessor shall not constitute a waiver of any subsequent breach.
U+. Lessor, through its duly out horized agents,
shall have the right to enter upon the demised premises at
at any reasonable time to inspect the same.
15. In the event sidewalks are constructed along
the demised premises, Lessee agrees to clear the snow and
ice therefrom and to keep the same in good repair and free
from nuisance, and to save the City of Dubuque harmless from
any breach of this obligation. ,
16: Lessee agrees to procure and maintain in force
during the term of this lease and any extension hereof, a policy
of liability insuran de with the City of Dubuque and its hoard
of Dock Commissioners named as additional insured's in a company
authorized to do business in Iowa, ;_~nsgring against any lia-
bilityrising out of :the us'e, occupancy or condition of the
demised emises in amounts not less than Twenty-five Thousand
Dollars ~25,000j personal injury to any one person; One Hundred
Thousand llollars.(~g100,000) personal injury in any one accident,
and Twenty-five Thousand Dollars 0`25,000) property damage in-
surance. Said policy shall provide that the same may not be
cancelled without ten (10) days prior notice to the City and
a copy of the current policy shall be deposited with Lessor.
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l~. This lease may assigned or sublet by Lessee
only upon written approval of Lessor endorsed hereon.
18. Upon the ter:nin$ti~n of this lease for any
cause, except the mutual agreement of the parties, the build-
ing provided for in Paragraph 4 hereof shall beco;ze the pro-
perty of Lessor.
CITY OF t~UBU~UE~-IOwA, Lessor,
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Its Soard of~-dock Commissioners
( aymond Seger) Lessee
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LsAas AGAEEHEHT
THIp L8/-SE wND AORE~N'2 HADE AND EDTlEREp into Chis~/
day of ~psil, A.D., 1964, by and between the CIlY OF DL1sUQVii, IOWA, a
municipal corporation of Iwo, throe;h its duly autherizad SOAAD OF DOCK
CO~SZSSIODtERS, harainaFeer exiled "Lessor", aQd RIVERSIDE BOd'IL, INC.,
an Iowa corporation, hereinafter called "Lessee", providing for ehe
laaae o! the :ollovin. described real estate in the City o! Dubuque,
Dubuque County, Iatva, hareinafeer referred to as the "demised pra+aises",
wad described as follow , to-vit:
A tract oi' land in 8loelc 2 of River Front
Subdivision No. 3, ehrRa hundred (300')
tact in dap eh, froneinE on tiavthoraa Serest
2.07 aeraa in arcs, and a, doliasaead in
zed open the aetaehed plat.
WSTNESSSTH:
1. Lessor does hereby leaaa to Leaaee the demised promises,
to have ~ 3~ hold ehe same for a period of Forty-leer years, eoa~eno-
~6 ~ 3 , 1964 and sn~tnaciag on !{ay 31,
2008,
2. Laaaaa is hereby :ranted the option o! renewing this Lease
for an additional corm of fifty (SO) years under ehe lama terms and eondi-
tioaa provided hasain, by givia~ Lesser xzitten aotioa of hia axaseia• of
ouch optiea at lsaat twelve (12) months prior to the axpizatien of the
original ters- of chic Lease,
9. Lessee aaraes to pay Lessor rental for said premises is
accordance with the following schedule:
a) Eight 8ccndred Ferey Dollars ($840.OOar sera
per year for each of the year^ from Hay 31,1
to gray 31, ],983;
b) tea 8undrnd Fifty Dollars (1050.00) per sore
per year for the period fro'~Niv;,;~1,.,,Ig83, co ltay 31, 2008;
e) In the event Lessee e~'cereiaae hie option hereunder
and renews this Lease fez the additional term as above pro-
vided, ehe annual raneal Eer acid rensaal eerm shall be
Ono Theusaed, Ono Rundrad Shirty-four ($1,13k.00) Dollars
par etas per year.
Said annual rentals shall be paid•to Lasser by Lessee, annually, in advance,
prior ee -~a~~1^-r_~ of each year of the term of Chic Lease, or any re-
newal thereof, commencing with Hay 31. 1964
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319 55b 7'706 P.18/32
Z. Lessee agrees, at hie ovn~o to erect upon the da~atsed ~
premises a building containing tee leas cba thousand square feet ~j
of Sreue-d floor area, in aecerdance with plans and speeiQieatieas approved !!//
by lessor, and st a location en the demised premises approved by Lessor,
and to eeolplota said building in all zaspeeta, for immdtate occupancy,
on or bafore~,~,l.t.~l5~~ 1,5,, tg(q unless prevented by uoident
or unavoidable cause, sad in Such taro, ns soen sfcer such date as is
psaetisal, and that wh ao,oompieead the said building premises ahrll ba
tree tram all liens, including machanic'a Bans.
S. Lessee ohall boar, pry and discharge all texas, asaesa-
mants, duties, impoeta, sewer rental, persait fees, and burdens whataeever
assessed, charged or imposed by the United States, State of Iowa, er City
o! Dubuquo, oz any ocher pub lie authority asainat any improvements, se~cue-
turas or property erenead thereon or located thereon or business conducted
thereon, or open the owner or occupier in respect thereto. Real estate
taxes or special assesamsata levied against the land shall be assumed and
paid by lessor. '
6. lesraa agrees not to suffer the demised premises, during
the trim of this Lease, or any renewal thereof, to become subject to any
lien er aneumbranee whataoaver, without the written eensant of Lessor;
iG being expressly agreed that Lcssac shall net in any event have authari.ty
to create any lien, charge or eneumbranea upon the land oanstituting the
demised psemiaoa.
7. Lassen agrees Lo keep the demised premises and structures
Lheraon in a neat atld orderly condition at all boas end sutiatsin the
building and structures, including Cha drains and severe thereon, at all
limas is good eondition•and repair.
8. Laser aoeaea to extend all necessary avatar sad sever
service,-and other required utilities, to ebe demised preaissa at Lessee's
expense.
9. Larne agrees eo use the demised prs>mises only as a site
for a e the ra a ineludin seatau~•art
or ocher si tar reereatioeul activity with the allied services proper to
the operatics of the stated activity.
l0. Ie 18 agreed betveca the parting hereto that the following
restrictions apply to the demised premises and Lea see agraes•io comply
therewith:
a) Materials, supplies end refuse stored on the
pr mnisoa shall ba stacked is orderly piles or kept in
suitable containers;
b) tierce shall construct no underground structures
below the depth of fsfceen (1S) feat and shall sink no
sells, or perforta any other set vhieh might dastzay, damaCa,
or ineertare vitb the subterranean water supply underlying
the-irna,•vithout first.obtainiag the written para+ission e#
the City Water Department so to do;
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e) No aexieus er oEfansive trads or activity shall
be ea~isd on oe cha daedaed premisec, tier shall scything
be dottg thereon which may be or become a ouiaaaca to tht
surroundies area by reaaoa of ucsightiiaess er the alfaa-
alve emission of odors, dust, fumes, smoke oz noise;
d) Ke building, seruoture or portion thereof
erected, converted ar moved onto the dataiaad premises,
shall ba used as a dvelli~, except living quarters used
by a watchman ez eustodiaa.
•- I1. Lessee a~ees to eos~ply xith all epplitable State, Federal
or municipal Statutes, Lava or Raaulatians dusiu% the term o! this Lase
raith regard to hie operaei6n of the demised premises and trot eo drake or
suf#sr any unlavtul activity thereon.
.~ 1Z. Opoa the expiration of the testa of this Laaae, or any re-•
•~ net+al thereof, Lasssa ajTeeB to surrender up the demised premised, with all
buildings greeted thereon, acid additions thereto, in good eoaditioa and
' repair, reasoosble vets and tear by Che glements eueapted.
~~ 13. If Lessee sbsll make default in the payment of the rental9
hereunder, er arty past thereof, es shall make default in any of the etbar
eovetuttts herein eontainad, and such default shall eoncinne !or a period
o! [hizty (30) days after written noeiee thereof, mailed to Lessee ae hie
.'address scatad hatein, than Leaaor shall, in addicien to cha oehaR remedies
~ provided by Lsv, have the right. at its option, to declare the term of this
t' Lease ended, at+d to re-enter the leased praadses, i+i,eh or without process
tf o! law, cad eupai and zemova Lessee or any persona, in or upon the accts,
casino such force as may be necessary undsr the circunu taaeea, cad. is chat
event Lessee agraea to surrender and deliver up the demised premises pea~e-
ably to Lessor. Zt is further aSraed that the vaivar of any breach o£ nay
ZSausS of this Lease by Lessor shall nos oanseitute a waives of nay aub-
^aquent breach.
lk. Lessor, through ire duly authorized agents, shall have the
right to enter upon the dessised premises at any seasonable tame to icspeet~
the same.
]S. 2p the event side++aites are nonstrvcted aionj the demised
premises, Lessee career to clear the snaW and ice therefrom cad to keep
cha sarse in goad sapair and free from nuisance. and to save the City of
Dubuque harmless from any breach of this obligation.
1e. Lessee sErees to procure and maintain in force during the
tetei of this Lease and any extension hereof, a polity of liability inaurnnca
wish oho city of pubuque and its Saard of Daek Cors:,isaionera nac~ed as addi-
tional insureds is a eoepany authorized to do business is 2ova, insuring
against any liability arieirig out of the use,•oeeupanoy ez condition of she
demised premises, to amaunes not le6s than 11+eaty-#i~e Thousand ($25,000.DO)
Dollars pnraenal injury to any.ona person;. One Hundred xhoussnd (F100,000.00)
Dolla=^ pirtonai injury in ariy one accident, and Tt:eaty-five Thousand
(23,000.00) Dollars property damage insurance. Said policy shall provide'
et~at she ssmo may riot be cancelled without eon (10) days prier nocioe co
the City and a eopj of the current policy shall he deposited frith I.eaaor.
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17. 11tiis Lsaae may ba u signed or aublee by Lsssca only upon
vriceea approval of Lessor endorsed hereon.
18. Upon the termination of this Lease for any etuse, ereept
the mutual agreanone of the patsies, the building provided for in Pasa-
graph four (4) heraoi shall become tha property of Lessor.
cZ2Y OF DUSUQtiB, IOWA,
A tlunicip+rl Corporation,
~j , ~ LESSOR
BY: 5! dw ~h ~1/~~
' Its Boud o c Cemlaieslonere
ItTVBRSZDE YOWL, INC.
an Iova Corporation
LES'SEC
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319 556 ?706 P.21i32
PLAT SNOWING EASEMENTS PROVIDED FOR fN
DOCK BOARD LEASE
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ADDENDUM TO LISA SE AGR8E:O:NT
TES ADDEI/DVK, dated the i1.af~ day of
1973, beie~g an Addepdum to Lease apd.Agreemeet entered into on
April 14, 1964 by and between the CSTY OF DUB[JQC1E, IOWA, a
nunicie~pal eorporation, and through its 8o11RD OF DOCK COM.KI95zODf?rRS
end ]lIVER6IDE BOtrtL, INC. providi,n4 foz the lease of tha following
described seal estate, to~wit~ ~ 31ock Z isi "A.iwr Front .%ubdivi.^ion Ito. 3"
in the City of Dubuqu*, Ioxs, beiaa eosprised and reeds up of a tract o! land
comaeneina at the extreme northerly corner of said 81oek 2, being the point of
toeSi.[1Rin6, thence
South L9° Z~~ It:aat, 61. Z9 test a1~8 the eouthvesteriy street lice of Ilaethorae Str
to the northweslerlt- line of Iea^e No. Z in ^aid Flock 2, thanes
- South 1,,~5 Ol' Me^t, 300.00 feet, alenj said aorthr-esterly line of Lease !!o. 2 in ~a.
81ock 2, thence
North L9° 07' Hest, 82.28 feet, in line with the eouthweatarly lino e~ctsn4^d of
Lease Ne. Z in said clock 2 to the southeasterly street line of 1Cesper 8ouievard, T1
North 4B°00' East, 901.h9 Yeet ~tlon6 acid eoutbeaetar7~ atrcat ].lee of Kerpdr t3ouie~
to point of beaianin,~, cad co.--taina O.b43L aeree,
itI'l1iS SStS7,'FI ~
1. Lease and Agreert~ent by and betr+eea the parties hereto,
dated April 14,1964, be cad the same is hereby eunended by
adding the following AddendTSis thereto which consists of simply
incresaing the premi^ee demised as above daaeriIoed.
2. Said Laase of April 14, 1964 ae to rental and all other
tera~a and provieiona is herawiCh zatifi~ed cad affirmed cad eeme
shall apply to the parcel rerein described.
3. In all other respeets~ tlz Lease and Agreement dated
the 14th day of April, 1964 be and the same is hereby ratified and
eantirmed. '
4. That the Lease rental ptosated fro~p the [~ day of
iq~_ to the .d' o,~f, day of ,
19„x, !~_be and the •ame is hereby lixad in the an~unt of ~' ~. ~ .
CIl'7t' OF DUHUQtJE, IONA,
a mu'ni1cipal corpo,/r~atijon., LESSOR,
BYE / '
8Y~
ire Board of Doek Commi.saion^rs
ANEASIDE HOWL, IHC.,~ an Iona
Cor~j ation, LBSStsE,
IrecPI'ry sidenf ,~J
HYI__ C.liiaw ~-t1Y . ~7~.~(1.
rte SeEzetary
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