IDNR_Mines of Spain Lease Agreement Amendment_InitiateTHE CITY OF
Dui
Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Amendment to City-IDNR Mines of Spain Lease Agreement
DATE: July 3, 2014
Dubuque
band
AI -America City
r
2007 • 2012 • 2013
Planning Services Manager Laura Carstens recommends the City Council set a public
hearing for July 21, 2014 on an Amended Agreement between the City of Dubuque and
the Iowa Department of Natural Resources to add the E.B. Lyons Interpretive Area
Addition (Bottoms Farm) to the City's lease with the Iowa Department of Natural
Resources.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
lAil-t44 .,
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Laura Carstens, Planning Services Manager
THE CITY OF
Dub
Masterpiece on the Mississippi
Dubuque
kaild
All -America City
1111
2007 • 2012 • 2013
MEMORANDUM
TO: Michael C. Van Milligen, City Manager
FROM: Laura Carstens, Planning Services Manager
SUBJECT: Set Hearing -- Amendment to City-IDNR Mines of Spain Lease Agreement
DATE: July 3, 2014
INTRODUCTION
This memorandum transmits an amended Agreement between the City of Dubuque and the
Iowa Department of Natural Resources (IDNR) to add the E.B. Lyons Interpretive Area Addition.
The addition is adjacent to the E. B. Lyons Interpretive Center at the Mines of Spain State
Recreation Area. A resolution to set the public hearing date and the master plan are enclosed.
DISCUSSION
The City owns the E. B. Lyons Interpretive Center and surrounding 30 -acre Interpretive Area at
the Mines of Spain. The IDNR manages and operates the Interpretive Center and Interpretive
Area in conjunction with its management of the State Park under a City lease agreement.
The 52 -acre Bottoms Farm was acquired by the City in partnership with the IDNR, the Iowa
Natural Heritage Foundation, and the Friends of the Mines of Spain for planned development as
the E. B. Lyons Interpretive Area Addition based on the master plan. The amended Agreement
adds the E.B. Lyons Interpretive Area Addition (Bottoms Farm) to the City's lease with IDNR.
RECOMMENDATION
The amended Agreement has been reviewed by the City Attorney's Office and Engineering,
Planning Services, and Leisure Services staff. Some minor changes still may be made, but to
facilitate the construction process for the expansion project, Staff recommends that the City
Council set the amended Agreement for a public hearing on July 21, 2014.
REQUESTED ACTION
The requested action is for the City Council to adopt the enclosed resolution setting a public
hearing on the amended City-IDNR Mines of Spain Lease Agreement to add the E.B. Lyons
Interpretive Area Addition for July 21, 2014.
Enclosures
cc: Barry Lindahl, City Attorney
Gus Psihoyos, City Engineer
Jon Dienst, Civil Engineer
Marie Ware, Leisure Services Manager
Wayne Buchholtz, Park Ranger, Mines of Spain State Recreation Area
F:\USERS\LCARSTEN\WP\Mines of Spain\28E Agreement\Memo set PH City IDNR 2014 lease amendment.doc
Prepared by Stacey Sipe, Iowa Department of Natural Resources, Wallace State Office Bldg., 502 East 9th Street,
Des Moines, Iowa 50319-0034,515-281-7012.
Return Original to Stacey Sipe at above address.
SECOND AMENDMENT TO AGREEMENT
BETWEEN
THE CITY OF DUBUQUE
AND
IOWA DEPARTMENT OF NATURAL RESOURCES
THIS SECOND AMENDMENT to the AGREEMENT described below between the City of
Dubuque and the Department of Natural Resources and made and entered into this day of
, 2014.
WHEREAS, on June 6, 1983, the City of Dubuque (City) and the Iowa Conservation
Commission entered into an Agreement for certain property owned by the City, "the Preserve", as
described in that Agreement;
WHEREAS, the Iowa Department of Natural Resources (DNR) is the predecessor agency to
the Iowa Conservation Commission through Senate File 2175, 71st General Assembly (1986) and has
assumed the Iowa Conservation Commission's interests and obligations in the Agreement;
WHEREAS, effective September 17, 2001, the City and DNR entered into the first
Amendment to the Agreement to also include the area known as Riprow Valley in the Agreement;
WHEREAS, the City has acquired additional property to the property described in the
original Agreement and first Amendment;
AND WHEREAS, the City and DNR desire to further amend the Agreement to include the
additional property owned by the City.
NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES THAT THE AGREEMENT IS
AMENDED AS FOLLOWS:
1
SECTION 1. Until such time as the City may transfer or otherwise dispose of its interests
in the Preserve, the City shall agree to make the Agreement a condition of any transfer or
assignment of the Preserve, and this document shall be recorded to notify potential
successors of interest in such Preserve.
SECTION 2. Amend the description of the "Preserve," a defined term, by amending the
first WHEREAS clause of the original Amendment to read as follows:
WHEREAS, the City is owner of a public nature preserve and interpretive center known
as the "E. B. Lyons Prairie -Woodland Preserve and Nature Interpretive Center, "and
property known as the "Rip Row Valley Property" and the "Bottoms Addition" shown
on the DNR Lease Exhibit, attached hereto, all property being collectively referred to
herein as "the Preserve"; and
SECTION 3. Amend Section 1 of the Agreement to read as follows:
Section 1. The Property.
1.1 The property identified herein as the Preserve to be leased to and operated
by the DNR is legally described as follows:
Lots 2 and 3 of the northeast one -quarter of the southeast one -quarter of section 1,
township 88 north, range 2 east of fifth prime meridian; lots 2 and 3 of the northwest
one-quarter of the southwest one -quarter, lots 2 and 3 of the northeast one -quarter
of the southwest one -quarter, and lot 2 of lot 1 of southwest one -quarter of the
southwest one -quarter of section 6, township 88 north, range 3 east of the fifth prime
meridian in Dubuque County, Iowa, according to the respective recorded plats
thereof, containing thirty acres more or less.
And:
Lot 3 of Fraction Government Lot 1, in Section 5, T88N, and R3E of the 5th P.M. in the
City of Dubuque, Dubuque County, Iowa.
And:
Lot 1 of JQ Acres in Section 1, Table Mound Township, Dubuque County, Iowa; Lot 1 of
the NW 1/4 of the SW 1/4 and the SW 1/4 of the NW 1/4 of Section 6, Township 88
North, Range 3 East of the 5th P.M., Dubuque County, Iowa, according to the United
State Government Survey and the recorded plats thereof.
2
The site consists of three contiguous slightly irregular shaped parcels with a
reported combined area of 52.19 acres, as reported by Dubuque County Assessor's
online records.
1.2. Map. A map of the properties leased by the DNR is attached as Amended
DNR Lease Exhibit and is incorporated hereto by this reference.
SECTION 4. Amend Section 2 of the Agreement to read as follows:
Section 2. Term of Agreement. This Agreement shall be from July 1, 1963 to June 30,
2064.
SECTION 5. Amend Section 8 of the Agreement to read as follows:
Section 8. Maintenance.
The DNR shall maintain the Preserve, including all trails, buildings, interpretative signs,
historical and natural areas and prairies and woodland units, consistent with its
management of its own park properties and facilities. Facilities included within the
Preserve include, but are not limited to, the service building, latrines, shelter building,
accessible and rugged trails, and campsites. The parties acknowledge that some
features of the Preserve are under construction as of the effective date of this lease.
Those features being so constructed by the City shall not be subject to this provision
unless and until they are completed.
SECTION 6. Amend Section 14 of the Agreement to read as follows: -
Section 14. Termination.
In the event the DNR shall fail to keep, perform and observe in a timely and proper
manner any of its covenants or obligations under this Agreement and any such failure
or violation shall not be cured or remedied within sixty (60) days after the date the
DNR receives notice from the City of such failure or violation (or, if not practicable to
cure or remedy such failure or violation within such sixty [60] day period, within such
longer period as shall be reasonable under the circumstances and as shall be specified
by the City in such notice); then, in such event, the City may at its option, terminate
this Agreement, by written notice to the DNR specifying the effective date of such
termination. Upon such termination the City shall have the right to enter upon the
Preserve and to assume exclusive control and management of the Preserve.
In addition, DNR shall have the right to terminate or suspend its obligations under the
lease agreement without penalty by giving sixty (60) days written notice to the City as
3
a result of any of the following: (i) the legislature or governor fail to appropriate funds
sufficient to allow DNR to either meet its obligations under the lease agreement or to
operate as required and to fulfill its obligations under the lease agreement; or if funds
anticipated for the continued fulfillment of the Lease Agreement are, at any time, not
forthcoming or are insufficient, either through the failure of DNR to appropriate funds
or funding from a federal source is reduced or discontinued for any reason, or through
discontinuance or material alteration of the program for which funds were provided;
or (ii) if funds are de -appropriated, reduced, not allocated, or receipt of funds is
delayed, or if any funds or revenues needed by DNR to make any payment hereunder
are insufficient or unavailable for any other reason; or (iii) if DNR's authorization to
conduct its business or engage in activities or operations related to the subject matter
of the lease agreement is withdrawn or materially altered or modified, making it
impossible for DNR to perform under the lease agreement; or (iv) if DNR's duties,
programs or responsibilities are modified or materially altered; or (v) if there is a
decision of any court, administrative law judge or an arbitration panel or any law, rule,
regulation or order is enacted, promulgated or issued that materially or adversely
affects DNR's or the City's respective ability to fulfill any of their respective obligations
under the Agreement.
SECTION 7. Amend Section 16 of the Agreement to read as follows:
1. EXPENDITURE OF FUNDS. Nothing in this agreement shall obligate or bind either
party to expenditure of funds in excess of funds available to each party. Any
agreement that requires either party to expend funds shall be subject to a
separate written agreement by and between the parties.
2. CLEANING OF THE AREA. The area shall be cleaned of all debris. Material to be
removed prior to DNR management includes but is not limited to: light poles,
street pavers, fencing, guard rail posts, culverts, and concrete. The area is to be
inspected by DNR and a written acknowledgement to the City will be issued
before the agreement becomes effective.
3. All notices under this Agreement shall be sent to the DNR Director at the DNR's
official address in Des Moines, IA for the DNR and to the Mayor of the City of
Dubuque, 50 West 13th Street, Dubuque, IA for the City.
ALL OTHER TERMS AND CONDITIONS EXCEPT THOSE EXPRESSLY CHANGED HEREIN SHALL REMAIN
IN FULL FORCE.
Signed:
4
CITY OF DUBUQUE
BY
Roy D. Buol, Mayor
Approved by the Natural Resource Commission at a meeting of that body on the day of
, 2014.
IOWA DEPARTMENT OF NATURAL RESOURCES
BY
Chuck Gipp, Director
5
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EB,Lyons Interpretive ..,`/IP:'Irr. '
Area Addition - • .
..izNWoodland Expansion
• .
Cverlook/
Outdoor Classroom
ADA Accessible Trail
Prairie
' To Existing
Meskwaki Trail
Mines of Spain
Mown Path
Shelter
'"? Restroom
Youth Group Camp Area
. Information/Orientation Kiosk
Prairie Trai Ihead
Park Service Building
.201
Biorentention Cell
Parking Expansion
Entrance & Visibility Improvements
•
• -•••• • i";"".
Existing E.B.Lyons
Intrepretive Center
Existing Historic
Wine Cellar
Existing Hisforic.
' Pine Chapel
Existing Historic
Root Cellar
EB Lyons
Interpretive Area
Addition -
Proposed
Improvements
February2012
E.B.Lyons Interpretive
Area Addition
E.B. Lyons Interpretive
Area Boundary
0' 150' 300' 600'
Mint,
Spain
Masterpiece on the Missi.4ippi
Produced By:
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Natural Ileritage
foundation
Prepared by: Laura Carstens, City Planner Address: City Hall, 50 W. 13th St, Dubuque, IA 52001 Telephone: 589-4210
Return to: Kevin Firnstahl, City Clerk Address: City Hall, 50 W. 13th St, Dubuque, IA 52001 Telephone: 589-4121
RESOLUTION NO. 204-14
RESOLUTION SETTING A PUBLIC HEARING ON SECOND AMENDMENT OF LEASE
AGREEMENT WITH IOWA DEPARTMENT OF NATURAL RESOURCES FOR THE E.B. LYONS
INTERPRETIVE AREA ADDITION
Whereas, the Iowa Department of Natural Resources has a lease agreement with the City of
Dubuque for the E.B. Lyons Interpretive Center and 30 -acre Interpretive Area at Mines of Spain
State Recreation Area owned by the City of Dubuque; and
Whereas, the City of Dubuque has retained ownership of the 52 -acre E.B. Lyons Interpretive
Area Addition; and
Whereas, it is advantageous to have the E.B. Lyons Interpretive Center, Interpretive Area,
and Interpretive Area Addition under lease by the Iowa Department of Natural Resources; and
Whereas, the Iowa Department of Natural Resources has agreed to amend the lease
agreement with the City of Dubuque to include the E.B. Lyons Interpretive Area Addition.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Council hereby sets a public hearing on the second amendment of
the Lease agreement with the Iowa Department of Natural Resources for the E.B. Lyons Interpretive
Area Addition for July 21, 2014 at 6:30 PM in the City Council Chamber, Historic Federal Building,
350 W. 6th Street, Dubuque, Iowa.
Passed, approved and adopted this 7th day of July, 2014.
Attest:
Ke n irnstahl,
F:\U RS\LCARSTEN\WP1Mines of S n128E Agreemenl\Resolution sET ph City IDNR 2nd amend lease agreement.doc
Roy D. uol, Mayor
Prepared by: Laura Carstens, City Planner Address: City Hall, 50 W. 13th St Telephone: 589-4210
Return to: Kevin S. Firnstahl, City Clerk Address: City Hall, 50 W. 13'" St Telephone: 589-4121
RESOLUTION NO. 205-14
RESOLUTION OF INTENT TO AMEND THE AGREEMENT BETWEEN THE CITY OF
DUBUQUE AND THE IOWA DEPARTMENT OF NATURAL RESOURCES FOR THE
LEASE OF CERTAIN REAL PROPERTY FOR THE E.B. LYONS PRAIRIE -WOODLAND
PRESERVE AND NATURE INTERPRETIVE CENTER
WHEREAS, on June 6, 1983, the City of Dubuque (City) and the Iowa Conservation
Commission entered into a lease Agreement (the Agreement) for the following described
real property, referred to as "the Preserve", as described in that Agreement:
Lots 2 and 3 of the northeast one-quarter of the southeast one-
quarter of section 1, township 88 north, range 2 east of fifth prime
meridian; lots 2 and 3 of the northwest one-quarter of the southwest
one-quarter, lots 2 and 3 of the northeast one-quarter of the
southwest one-quarter, and lot 2 of lot 1 of southwest one-quarter of
the southwest one-quarter of section 6, township 88 north, range 3
east of the fifth prime meridian in Dubuque County, Iowa, according to
the respective recorded plats thereof, containing thirty acres more or
less.
WHEREAS, the Iowa Department of Natural Resources (DNR) is the successor
agency to the Iowa Conservation Commission and has assumed the Iowa Conservation
Commission's interests and obligations in the Agreement;
WHEREAS, effective September 17, 2001, City and DNR entered into the First
Amendment to the Agreement to also include the area known as Riprow Valley in the
Preserve, legally described as follows:
Lot 3 of Fraction Government Lot 1, in Section 5, T88N, and R3E of
the 5th P.M. in the City of Dubuque, Dubuque County, Iowa, and
WHEREAS, City has acquired additional property legally described as follows:
Lot 1 of JQ Acres in Section 1, Table Mound Township, Dubuque
County, Iowa; Lot 1 of the NW'/ of the SW 1/4 and the SW 1/4 of the
NW'/ of Section 6, Township 88 North, Range 3 East of the 5th P.M.,
Dubuque County, Iowa, according to the United States Government
Survey and the recorded plats thereof.
WHEREAS, City and DNR desire to further amend the Agreement to include the
additional property owned by City in the Preserve;
AND, WHEREAS, the City Council intends to amend the Agreement to include the
foregoing described property.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Council will conduct a public hearing on the proposed
Second Amendment to Agreement attached hereto in the City Council Chambers at the
Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa on the 21st day of July, 2014
beginning at 6:30 p.m. to add the following described real property to the Agreement:
Lot 1 of JQ Acres in Section 1, Table Mound Township, Dubuque
County, Iowa; Lot 1 of the NW % of the SW 1/4 and the SW 1/4 of the
NW 1/4 of Section 6, Township 88 North, Range 3 East of the 5th P.M.,
Dubuque County, Iowa, according to the United States Government
Survey and the recorded plats thereof.
Section 2. That the City Clerk be and is hereby authorized and directed to publish
notice of the public hearing according to law.
Passed, approved and adopted this 7th day of July, 2 1 14.
Attest:
2
Roy D. B , Mayor