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Girls' Indep. League LeaseMEMORANDUM January 14, 2002 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Amendment to Lease with Dubuque Girls' Independent League Leisure Services Manager Gil Spence is recommending approval of the first amendment to the lease agreement between the City of Dubuque and The Dubuque Girls' Independent League I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM/]Jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Gil D. Spence, Leisure Services Manager CITY OF DUBUQUE, IOWA MEMORANDUM January 8, 2002 TO: Michael C. Van Milligen, City Manager FROM: Gil D. Spence, Leisure Services Manager SUBJECT: Amendment to Lease with Dubuque Girls' Independent League INTRODUCTION The purpose of this memorandum is to request City Council approval of the first amendment to the lease agreement between the City of Dubuque and The Dubuque Girls' Independent League. DISCUSSION The City of Dubuque has a lease agreement with the Dubuque Girls' Independent League for 11.6 acres of the Rip Row Valley property. We have received two Land and Water Conservation Fund grants to be used toward purchase and development of the property. When the National Park Service was reviewing the lease agreement as part of the process of authorizing the grant, they expressed concern that the property is not available to the public, These grant funds cannot be used for the benefit of only a private organization. The NPS suggested the lease be amended to clearly state when the general public will be able to use the area. The amendment has been approved by the league. ACTION STEP The action requested is that the City Council adopt the first amendment to the lease agreement with the Girls' Independent League. GDS:et attachment Prepared by: Gil D. Spence Address: 2200 Bunker Hill Rd Phone: (589) 589-4263 RESOLUTION NO. 9-02 RESOLUTION APPROVING AN AMENDMENT TO THE LEASE AGREEMENT WITH THE DUBUQUE GIRLS' INDEPENDENT LEAGUE Whereas, the City Council of the City of Dubuque, Iowa, met on the 21st day of January, 2002, at 6:30 p.m., in the Public Library Auditorium, Eleventh and Locust Streets, Dubuque, Iowa, to consider the first amendment to the Lease Agreement between the City of Dubuque and the Dubuque Girls' Independent League, a copy of which is attached hereto and incorporated herein by reference; and Whereas, the City Council of the City of Dubuque, Iowa, overruled any and all objections, oral or written, to the lease agreement; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The amendment to the Lease Agreement between the City of Dubuque and the Dubuque Girls' Independent League, a copy of which is attached hereto, is hereby approved. Section 2. The Mayor is authorized and directed to execute the Lease Agreement on behalf of the City of Dubuque. Passed, approved and adopted this 21 st Attest: dayof January , 2002. Ann E. Michalski, Mayor Pro-Tem Jeanne F. Schneider, City Clerk PK FIRST AMENDMENT TO LEASE AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND DUBUQUE GIRLS' INDEPENDENT SOFTBALL LEAGUE WHEREAS, on the day of 2001, the CITY OF DUBUQUE, IOWA (Lessor) and the DUBUQUE GIRLS" INDEPENDENT SOFTBALL LEAGUE (Lessee) entered into a LEASE AGREEMENT for certain property owned by Lessor to be used by Lessee for the construction and operation of softball fields and related amenities; and WHEREAS, Lessor and Lessee now desire to amend the Lease Agreement as set forth herein. NOW, THEREFORE, the parties agree as follows: Article I, Demise and Term of the Lease Agreement, is hereby amended by adding thereto the following: At such times as the demised premises is being used for sof'd3all league games, the general public shall be permitted to attend all such games and to use the batting cage and play equipment located on the demised premises. During such times when the demised premises is not being used for league play, the general public shall be permitted to use the demised premises, subject to such fees as Lessor shall determine to be appropriate. All other terms and conditions of the Lease Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this FIRST AMENDMENT TO LEASE AGREEMENT to be executed as of this __ day of ,2001. LESSOR: CITY OF DUBUQUE, IOWA Attest: Jeanne F. Schneider, City Clerk By: Terrance M. Duggan, Mayor LESSEE: DUBUQUE GIRLS' SOFTBALL LEAGUE INDEPENDENT Attest: By: