Signed Contracts_Dubuque by Carriage 10th Amendment to Lease AgreementDubuque
UE 11
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Economic Development Department
50 West 13th Street
Dubuque, Iowa 52001-4864
Office (563) 589-4393
Fax (563) 589-1733
TTY (563) 690-6678
http://www.cityofdubuque.org
TO: Michael Van Milligen, City Manager
FROM: Maurice Jones, Economic Development Director
SUBJECT: Tenth amendment to Lease Agreement with Dubuque By Carriage
DATE: April 14, 2014
INTRODUCTION
This memorandum presents for your review and approval, a Tenth Amendment to the
Lease Agreement with Colleen B. Lindstrom d/b/a Dubuque By Carriage to extend the
original lease of the former Dock Board building located at the terminus of Commercial
Street for a two-year period.
DISCUSSION
On April 27, 2001, the City entered into a one-year Lease Agreement with Colleen
Lindstrom to operate a carriage business (formerly Rustic Hills Carriage Tours) from the
former Dock Board building. The business was relocated to the City -owned building
due to the purchase and demolition of Fischer Companies property along the riverfront
in the Port of Dubuque to accommodate the new Grand Harbor Resort and Waterpark.
The City has continued to lease the building to the business on a year-to-year basis,
until the Ninth Amendment, which provided for a two-year lease, terminating April 30,
2014. Additionally, the Fifth Amendment states: "The City reserves the right to
terminate this lease upon 90 days' notice to the lessee." At each renewal, the City
evaluates the need to amend the terms and conditions of the lease. To date, no
increase in the least amount ($300/month) has been proposed. No increase in the
rental rate has been proposed for the 10th amendment.
As the proposed lease is Tess than three years, per Section 2(c) of Resolution 307-07, it
may be approved by the City Manager.
RECOMMENDATION/ ACTION STEP
I recommend the City Manager sign the Tenth Amendment to the Lease.
F:\USERS\Econ Dev\Dubuque By Carriage\Memo to MVM re 10th Amendment.doc
TENTH AMENDMENT
TO
LEASE AGREEMENT
BETWEEN THE CITY OF DUBUQUE, IOWA
AND
COLLEEN B. LINDSTROM d/b/a DUBUQUE BY CARRIAGE
This Tenth Amendment to Lease Agreement between the City of Dubuque, Iowa
(Lessor) and Colleen B. Lindstrom f/k/a Colleen Bradley d/b/a Dubuque By Carriage
(Lessee) is made as of the b1'I'day of April, 2014.
WHEREAS, Lessor and Lessee entered into a Lease Agreement dated April 27, 2001,
as amended, which Lease Agreement as amended expires April 30, 2014; and
WHEREAS Lessor and Lessee desire to extend the term of the Lease Agreement.
NOW, THEREFORE, IT IS AGREED BY AND BETWEEN LESSOR AND LESSEE AS
FOLLOWS:
1. The first paragraph of Article I of the Lease Agreement is hereby amended to read as
follows:
In consideration of the rents hereinafter reserved and the terms, covenants,
conditions and agreements set forth in this Lease, Lessor hereby leases to
Lessee the real property described in Exhibit A attached to and made a part of
this Lease, together with any and all easements and appurtenances thereto and
subject to any easements that are restrictions of record (the "Demised
Premises") to have and to hold for a term of two years commencing on the 1st
day of May, 2014, and terminating at 11:59 p.m. on the 30th day of April, 2016,
subject to all of the terms, covenants, conditions and agreements contained
herein.
2. All other terms of the Lease Agreement and previous amendments shall remain in
full force and effect.
IN WITNESS WHEREOF, the parties have caused this Tenth Amendment to Lease
Agreement to be executed as of the day and year first above written.
LESSOR: LESSEE:
CITY OF DUBUQUE, IOWA DUB
By B
Michael C. Van Milligen
City Manager
ollee B. Lindstrom
Owner
F:\USERS\Econ Dev\Dubuque By Carriage\20140310_Lease 10th Amendment - 2 year.doc