IDNR_Mines of Spain, E. B. Lyons Lease Agreement AmendmentTHE 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 15, 2014
Dubuque
band
AI -America City
r
2007 • 2012 • 2013
Planning Services Manager Laura Carstens recommends City Council approval of 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 and authorizing the Mayor to sign
the Agreement subject to final approval of all corrections by the City Attorney.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
1,1144 ..,
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
Masterpiece on the Mississippi
Dubuque
All•AmBTieaOtiry
'111'
2007 •2012 •2013
MEMORANDUM
TO: Michael C. Van Milligen, City Manager
FROM: Laura Carstens, Planning Services Manager
SUBJECT: Amendment to City-IDNR Mines of Spain Lease Agreement
DATE: July 14, 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 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 reviewedby the City Attorney's Office and Engineering,
Planning Services, and Leisure Services staff. Staff recommends City Council approval of the
amended Agreement subject to final approval of all corrections required by the City Attorney.
REQUESTED ACTION
The requested action is for the City Council to adopt the enclosed resolution approving the
amended City-IDNR Mines of Spain Lease Agreement to add the E.B. Lyons Interpretive Area
Addition, and authorizing the Mayor to sign the Agreement on behalf of the City, subject to final
approval of all corrections by the City Attorney.
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
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Wildlife Buffer
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Mown Path
E.S.I.rms Interpretive
Ares Addition
Overlook/
Outdoor Classroom
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ADA Accessible Trail
Prairie•
Mown Path
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To Existing
Meskwaki Trail '
Mines of Spain • ,
Shelter
Restroom
Youth Group Camp Area.
Information/Orientation Kiosk
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Park Service Building
••\'• Biorentention Cell
• •-,:\K4- A Parking Expansion
Entrance &Visibility improvements
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Existing EB.Lyons :
' Intrepretive Center
. _
Existing Historic
Wine Cellar
Existing Hi-sfOric.
Pine Chapel
Existing Historic ,
'Root Cellar
EB Lyons
Interpretive Area
Addition -
Proposed
Improvements
••••1-111.11
February 2012
E. B. Lyons Interpretive
Area Addition
E.B. Lyons Interpretive
Area Boundary
0' 150' 300' 600.
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ItIG an' OP
DUB E
Moskrplar on the Mississippl
Produced By:
Iowa
NatuTal lierilaLte
I imnxial ion ';
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 thij__day of
911f, 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. The City shall make the Agreement a condition of any transfer or assignment
of the Preserve, and this document shall be recorded to notify potential successors in
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; Tots 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 ofJQ 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.
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.
2
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
ollows:
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
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
3
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.
4
Signed:
CITY OF DUBU
BY
Roy D. Buol,(' ayor
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
Amended DNR Lease Exhubi
JAPIPIRIO
Imo Wyk
tsuilitud
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. 223-14
RESOLUTION AUTHORIZING 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. The Mayor hereby is authorized to sign the second amendment of the
Lease agreement with the Iowa Department of Natural Resources for the E.B. Lyons
Interpretive Area Addition, subject to final approval of all corrections by the City Attorney.
Passed, approved and adopted this 21st day of July, 2014.
Attest:
Kevin S(Firnstahl,
Roy D. oI, Mayor
F:\USERSILCARSTEN\WP\Mines of Spain\28E Agreement\Resolution City IDNR 2nd amend lease agreement.doc
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: July 11, 2014, and for which the charge is $34.51.
Subscribed to before
this spa day of
Notary Public in and for Dubuque County, Iowa,
,20 /9- .
i
Notary Public in and for Dubuque County, Iowa.
• MARY K. WEaTERMEYER
• ^�a Commission Number 154885
��„�,. My Comm, Exp. FEB, 1 2017
F
E
F
•I•
CITY OF DUBUQUE,
IOWA
OFFICIAL NOTICE
NOTICE OF A PUBLIC
HEARING. OF THE
CITY COUNCIL O
THE CITY OF DUBU
QUE, IOWA, ON TM
MATTER OF THE IN-
TENT TO DISPOSE O
AN INTEREST IN REAL
PROPERTY BY
AMENDMENT TO
LEASE AGREEMENT
TO THE IOWA RADE-
PARTMENTL RESOURCES
(IDNR)
' PUBLIC NOTICE is
hereby given that the
City Council of the City
of Dubuque, Iowa, will
hold a public- hearing
on the 21st. day of July,
i at 6:30 p.m. In the His-
, toric Federal Building,
350 West Sixth Street,
Dubuque, Iowa, at
which meeting the City
Council proposes to
dispose of an interest
in the following legally
described real. proper-
ty:
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; IotS 2
and 3 of the northwest
one-quarter of the
southwest one -
quarter, lots 2 and 3, of
the northeast one -
quarter of the south-
west one -quarter, and
lot 2 of lot 1 of south-
west one -quarter of
the southwest one -
quarter of section 6,
township 88 north,
range 3 east of the fifth
prime meridian in.Du-
buque County, Iowa,
according to the re-
spective recorded plats
thereof, containing
thirty acres • more or
less; and
Lot 3 of Fraction Gov-
ernment Lot 1, 1n Sec-
tion 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 Govern-
ment Survey and the'
recorded plats thereof.
At the meeting, the
City Council will re-
ceive oral acid written
comments from any
resident or property
owner of said City to
the abov action: Writ-
ten comMents regard -
in the above public
hearing: may be sub-
mitted to the City
Clerk's Office on or be-
fore said time of public
hearing.
Copies' of supporting
documents for the pub-
I Iic hearings are on file
in the City;' Clerk's Of-
fice, 50 W. _13th Street,,
i
and• may rbc viewed
during normal working
i hours. -
Any visual or hearing
impaired, persons
needing special a'ssis-
tance or persons with
special accessibility
needs should contact
i the City Clerk's Office
at (563) 589-4100 or
TTY '(563) 556-9948 at
least 48 hours prior to
the meeting.
Dated this llth day of
July, 2014.
Kevin S. Flrnstahl, CMC
City Cierk
It 7/11