Old Mill Road Lease Agreement Amendment - David S. Hartig_Hearing Copyright 2014
City of Dubuque Public Hearings # 1.
ITEM TITLE: Old Mill Road Lease Agreement Amendment- Hartig
SUMMARY: Proof of publication for notice of public hearing to consider
an amended and restated lease agreement with David S.
Hartig, Jr., with respect to City-owned residential and
commercial properties on Old Mill Road and the City
Manager recommending approval.
RESOLUTION Disposing of an interest in real property by
lease with David S. Hartig, Jr.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt
Resolution(s)
ATTACHMENTS:
Description Type
Hartig Lease Agreement-MVM Memo City Manager Memo
Staff Memo Supporting Documentation
Sudmeier Letter Supporting Documentation
2004 Lease Agreement Supporting Documentation
Amended & Restated Lease Eyecuted Supporting Documentation
Resolution - Disposing of Interest Resolutions
THE CITY OF Dubuque
UBE I
erica .i
Masterpiece on the Mississippi 2007-2012-2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Hartig Lease Agreement
DATE: March 28, 2016
In 2004, the City acquired three residential properties and a commercial property on Old
Mill Road. David S. Hartig, Jr. contributed $16,850.00 to the City at that time to be used
for the acquisition of the flood-damaged commercial property. Mr. Hartig requested and
received a 99 year lease for the four properties. Among other things, the lease requires
that the properties be maintained as green space and a nature preserve.
Section 8 of the Lease Agreement provides that Hartig may not "assign, sublet or
otherwise transfer" the property during the term of the lease. It is not clear what
happens to the property upon the death of Mr. Hartig. In order to resolve that
uncertainty, Mr. Hartig has proposed an amendment to the lease which will allow him to
transfer the lease by will or trust, or assign or otherwise transfer the lease during his
lifetime with the City's consent, which consent will not be unreasonably withheld.
City Attorney Barry Lindahl recommends the City Council approval of the Amended and
Restated Lease Agreement with David S. Hartig Jr.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
HE CITY OF
DUB
E MEMORANDUM
Masterpiece on the Mississippi
BARRY LINDAHL
CITY ATTORNEY
To: Michael C. Van Milligen
City Manager
DATE: March 22, 2016
RE: Hartig Lease Agreement
In 2004, the City acquired three residential properties and a commercial property on Old
Mill Road. David S. Hartig, Jr. contributed $16,850.00 to the City at that time to be used
for the acquisition of the flood-damaged commercial property. Mr. Hartig requested a
long-term lease of the four properties.
The City Council approved a 99-year lease for the four properties on February 16, 2004.
A copy of that Lease Agreement is attached. Among other things, the lease requires that
the properties be maintained as green space and a nature preserve.
Section 8 of the Lease Agreement provides that Hartig may not "assign, sublet or
otherwise transfer' the property during the term of the lease. It is not clear what happens
to the property upon the death of Mr. Hartig. In order to resolve that uncertainty, Mr. Hartig
has proposed an amendment to the lease which will allow him to transfer the lease by will
or trust, or assign or otherwise transfer the lease during his lifetime with the City's consent,
which consent will not be unreasonably withheld.
Because of the lack of clarity of the current lease language, I recommend that the attached
Amended and Restated Lease Agreement and Resolution Disposing of an Interest be
submitted to the City Council for consideration and approval.
BAL:tIs
Attachment
F:\USERS\tsteckle\Lindahl\Hartig,David S.Lease\MVM_Resol ution Disposing lute restA ndA pprovi ngAm ended&RestateAg ree me nt_032216.doc
OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563)583-4113/FAX (563)583-1040/EMAIL balesq@cityofdubuque.org
Law Offices of
FUERSTE, CAREW,JUERGENS & SUDMEIER, P.C.
200 SECURITY BUILDING
151 WEST 8TH STREET
DUBUQUE,IOWA 52001-6810
STEPHEN J.JUERGENS$
WILLIAM C.FUERSTE(1923-2011)
ROBERT L.SUDMEIER $* ALLAN J.CAREW(1933-2015)
DOUGLAS M.HENRY$ February 29 2016
MARK J.WILLGING$ y , TELEPHONE:
A.THEODORE HUINKER$ (563)556-4011
DANITA L.GRANT t*
JENNY L.WEISS $t TELECOPIER:
NICHOLAS C.THOMPSON $t
RICHARD W.KIRKENDALL$ (563)556-7134
EDWARD F.HENRY$ E-MAIL:
BRETT R.KEENAN t V1.AIL@•PUERSTELAW.COM
$Licensed in Iowa
*Licensed in Wisconsin WRITER'S DIRECT
tLicensed in Illinois E-MAIL ADDRESS
RSLI DMEIER @FUER STELA W.C'ON1
Barry A. Lindahl
300 Main Street
Harbor View Place Ste. 330
Dubuque, IA 52001
Re: Hartig Lease Agreement
Dear Barry:
We've prepared the within Resolution and an Amended and Restated Lease
with the additional language that we prefer by amendment in italics so that it can be
easily found. Nonetheless, it would still be in recordable form. Please let us know
whether you want any further modification before this goes to Council.
Very truly yours,
FUERSTE, CARE._ ,
JUERGENS &SUPMEIER, P.C.
----
BY:...-BY:
R SUD
RLS/kj
Enclosures
cc: David S. Hartig, Jr.
11111111111111 III IIIII 11111 IIIII 11111 IIIII IIIII 1111111111 IIIII III 11111 IIII 1111
Doc ID: 008412270007 Type: GEN
Kind: LEASE
Recorded: 04/06/2016 at 03:49:33 PM
Fee Amt: $37.00 Page 1 of 7
Dubuque County Iowa
John Murphy Recorder
F11e2016-00003676
Prepared by and return to: Robert L. Sudmeier, 151 West 8th St., Ste. 200, Dubuque, IA, 52001
Telephone: (563) 556-4011
AMENDED AND RESTATED LEASE AGREEMENT BETWEEN
THE CITY OF DUBUQUE, IOWA AND DAVID S. HARTIG, JR.
AMENDED AND RESTATED LEASE AGREEMENT made and entered into this day of
, 2016 by and between the City of Dubuque (City), whose address for the purposes of
thi Lease is 50 W. 13th St., Dubuque, Iowa 52001 and David S. Hartig, Jr. (Hartig), whose address for
the purpose of this Lease is 1495 Southern Ave., Dubuque, Iowa 52003.
1. PREMISES AND TERM. City leases to Hartig the following real estate, situated in
Dubuque County, Iowa:
Lot 1-1-2-1 Mineral Lot 507
Lot 1-1-2-1-2-1-4 Mineral Lot 501
Lot 2-1-2-1-1-2-1-4 Mineral Lot 501
Lot 1 Old Mill Place
Lot 2 Papke Place
Lot 1-1-2-1-1-2-1-4 Mineral Lot 501
Lot 2-1-1-1-1-2-1-4 Mineral Lot 501
Lot 2-1-2-1-2-1-4 Mineral Lot 501
together with all improvements thereon, and all rights, easements and appurtenances thereto belonging,
for a term beginning on the 7th day of August, 2004, and ending on the 6th day of August, 2103, upon the
condition that Hartig or successors perform as provided in this Lease. Upon the death of David S.
Hartig, Jr., all rights and obligations under the Lease shall continue for the benefit of his heirs, devisees
or their member trust beneficiaries with the interest subject to being further devised or transferred to
successors in interest for the balance of the term.
2. RENT. Hartig agrees to pay City as rent $1.00 for the term of the Lease. The
parties acknowledge that Hartig has previously paid to City the sum of $16,800.00 for City's use in the
purchase of the premises. For purposes of this Lease Agreement, such amount shall also be considered
rent.
3. POSSESSION. Hartig shall be entitled to possession on the first day of the Lease term,
1
C.,.
or such earlier date as the parties may agree, and he or successors shall yield possession to City at the
termination of this Lease. SHOULD CITY BE UNABLE TO GIVE POSSESSION ON SAID DATE,
HARTIG'S ONLY DAMAGES SHALL BE A PRO RATA ABATEMENT OF RENT.
4. USE. Hartig shall use and maintain the premises only for green space and a nature
preserve. No parking of vehicles or storage of vehicles or other materials of any kind shall be permitted
on the premises.
5. CARE AND MAINTENANCE.
A. Hartig takes the premises as is.
B. Hartig and successors shall maintain the premises in a reasonable safe, clean and
presentable condition, including the mowing of grass. Hartig and successors shall not
erect any structure of any kind on the premises without the prior written consent of City.
City agrees to remove all snow and ice from the sidewalk on or abutting the premises.
C. Hartig shall upon possession of the premises seed or sod the premises at his expense.
Hartig and successors may also at his expense plant such trees of such kind and at such
locations as he deems appropriate on the premises.
6. UTILITIES AND SERVICES. Hartig and successors shall pay for all utilities and
services which may be used on the premises.
7. SURRENDER. Upon the termination of this Lease, Hartig or successors will surrender
the premises to City in good and clean condition. Continued possession, beyond the term of this Lease
and the acceptance of rent by City shall constitute a month-to-month extension of this Lease.
8. ASSIGNMENT AND SUBLETTING. Except as otherwise provided in numbered
paragraph 1 for the balance of any term remaining after Hartig's demise and/or any transfer by Hartig
of his leasehold interest to a revocable or irrevocable trust established by him, the Lease shall not be
assigned, sublet or transferred and any attempt at assignment, subletting or transfer, other than as
addressed in this paragraph and paragraph 1 shall require the City's consent, which consent shall not
be unreasonably withheld.
9. INSURANCE. Hartig shall obtain general liability insurance as set forth in the City's
Insurance Schedule for Lessee's of City Property as such schedule may from time to time be amended.
A copy of the current schedule is attached hereto.
10. INDEMNITY. Hartig will protect, defend, and indemnify City from and against any and
all loss, costs, damage and expenses occasioned by, or arising out of, any accident or other occurrence
causing or inflicting injury or damage to any person or property, happening or done in, upon or about the
premises, or due directly or indirectly to the tenancy, use or occupancy thereof, or any part thereof by
Hartig or any person claiming through or under Hartig.
11. MECHANICS' LIENS. Neither Hartig, nor anyone claiming by, through, or under
Hartig, shall have the right to file any mechanic's lien against the premises.
2
12. DEFAULT, NOTICE OF DEFAULT AND REMEDIES.
A. The following shall constitute an event of default by Hartig: Failure to observe or
perform any duties, obligations, agreements, or conditions imposed on Hartig or successors pursuant to
the terms of the Lease.
B. City shall give Hartig or successors a written notice specifying the default and giving ten
(10) days in which to correct the default. If there is a default that cannot be remedied in ten (10) days by
diligent efforts of the party or parties in possession shall propose an additional period of time in which
to remedy the default. Consent to additional time shall not be unreasonably withheld by City. City shall
not be required to give Hartig or successors any more than three notices for the same default within any
365 day period.
C. In the event Hartig or successors have not remedied a default in a timely manner
following a Notice of Default, City may declare this Lease to be terminated and shall give Hartig or
successors a written notice of such termination. In the event of termination of this Lease, City shall be
entitled to prove claim for and obtain judgment against Hartig or successors for the reasonable expenses
of the City in regaining possession of the premises, including attorney's fees and court costs.
D. In the event of termination of this Lease, Hartig and successors shall be entitled to a pro
rata abatement of rent.
13. NOTICES AND DEMANDS. All notices shall be given to the parties hereto at the
addresses designated unless either party notifies the other, in writing, of a different address. Without
prejudice to any other method of notifying a party in writing or making a demand or other
communication, such notice shall be considered given under the terms of this Lease when it is deposited
in the U.S. Mail, registered or certified, properly addressed, return receipt requested, and postage
prepaid.
14. PROVISIONS BINDING. Each and every covenant and agreement herein contained
shall extend to and be binding upon the respective successors, heirs, administrators, executors and
assigns of the parties hereto.
CITY OF DUUQUE, IOWA
By:
Roy D. Bq'l, Mayor
Attest:
Kevin Firns , City Clerk
3
David S. Hartig, Jr.
STATE OF IOWA )
) ss:
DUBUQUE COUNTY )
On this /*PI day of wi e2J , 2016, before me, a Notary Public in and for the State
of Iowa, in and for said county, personally appeared David S. Hartig, Jr., to me personally known, who
acknowledged the execution of this instrument to be his voluntary act and deed.
0 , (WWII)
Notary Public, State of Iowa
STATE OF IOWA )
) ss:
DUBUQUE COUNTY )
NOREEN M. LARSON
COMM)5541ON NO. 137222
my C01141S'5ION EXPIRES
IOWA.:. /Its"�le
On this 4th day of April , 2016, before me, a Notary Public in and for the State
of Iowa, in and for said county, personally appeared Roy D. Buol and Kevin S. F i r n s t a h 1 to
me personally known, who being by me duly sworn did say that they are the Mayor and Deputy City
Clerk, respectively of the City of Dubuque, a Municipal Corporation, created and existing under the
laws of the State of Iowa, and that the seal affixed to said instrument is the seal of said Municipal
Corporation and that said instrument was signed and sealed on behalf of said Municipal corporation by
authority and resolution of its City Council and said Mayor and City Clerk acknowledged said
instrument to be the free act and deed of said Municipal Corporation by it voluntarily executed.
Notary Public, State of Iowa
:'ommission Number 71 :; ;6
My Commission Expires
4
Prepared by Barry A. Lindahl, 300 Main Street, Ste. 330, Dubuque, IA 52001, 563-583-4113
Return to Kevin S. Firnstahl, 50 W. 13th St., Dubuque, IA 52001, 563-589-4121
RESOLUTION NO. 116-16
DISPOSING OF AN INTEREST IN REAL PROPERTY BY LEASE WITH DAVID S.
HARTIG, JR.
WHEREAS, the City of Dubuque, Iowa is the owner of the following properties:
Lot 1-1-2-1 Mineral Lot 507
Lot 1-1-2-1-2-1-4 Mineral Lot 501
Lot 2-1-2-1-1-2-1-4 Mineral Lot 501
Lot 1 Old Mill Place
Lot 2 Papke Place
Lot 1-1-2-1-1-2-1-4 Mineral Lot 501
Lot 2-1-1-1-1-2-1-4 Mineral Lot 501
Lot 2-1-2-1-2-1-4 Mineral Lot 501;
and City leased all of the aforesaid real property to David S. Hartig, Jr. pursuant to
Lease Agreement recorded on February 19, 2004 as Instrument 2539-04, records of
Dubuque County, which Lease Agreement as so recorded was approved by City of
Dubuque Resolution No. 77-04 on February 16, 2004; and
WHEREAS, David S. Hartig, Jr. (Hartig) proposes to amend the Lease of such
City property on the terms set forth in the form of the Amended and Restated Lease
Agreement attached, with all revisions or substitutions appearing in italics; and
WHEREAS, on April 4, 2016, the City Council pursuant to Notice published as
required by law held a public hearing on the matter of amending the aforesaid Lease
and overruled all objections thereto; and
WHEREAS, the City Council finds that it is in the best interest of the City to
approve the Amended and Restated Lease Agreement for the City property.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. The Amended Lease Agreement in the form attached hereto is hereby
approved.
Section 2. The Mayor is hereby authorized and directed to execute the Lease
Agreement.
Section 3. The City Clerk is hereby authorized and directed to cause this
Resolution to be recorded with the Dubuque County Recorder.
Passed, approved and adopted this 4th day of Aril, 2016.
Roy D. Buol,/layor
Attest:
Kevin S.irnstahl, City I rk
CERTIFICATE of the CITY CLERK
STATE OF IOWA )
SS:
COUNTY OF DUBUQUE )
I, Kevin S. Firnstahl, do hereby certify that I am the duly appointed, qualified, City Clerk
of the City of Dubuque, Iowa, in the County aforesaid, and as such City Clerk, I have in
my possession or have access to the records of the proceedings of the City Council. I
do further state that the hereto attached Resolution No. 116-16 is a true and correct
copy of the original.
In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque,
Iowa.
Dated at Dubuque, Iowa, on this 5th day of April, 2016.
Kevi . Firnstahl, C , City Clerk
d
F
ill f.,J` }• ,_
. 1
i{ X539~04
F 19 AN 10, 21
Ct;li;?i Y ft�C01?I;ER
Preparer EJ C0..IOWA FEES
Information Barry A. Lindahl 300 Main Street Suite 330 Dubuque IA 52001 563 583-4113
Individual's Name Street Address City Phone
Barry A. Lindahl ISBA# 6899 SPACE ABOVE THIS LINE FOR RECORDER
LEASE AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
DAVID S. HARTIG, JR.
THIS AGREEMENT, made and entered into this i day of
by and between the City of Dubuque (City), whose address, for the purpo of this
Lease, is 50 W. 13th Street, Dubuque, IA, 52001 and David S. Hartig, Jr. (Hartig), whose
address for the purpose of this Lease is 1495 Southern Avenue, Dubuque, IA, 52003.
The parties agree as follows:
1. PREMISES AND TERM. City leases to Hartig the following real estate,
situated in Dubuque County, Iowa:
Lot 1-1-2-1 Mineral Lot 507
Lot 1-1-2-1-2-1-4 Mineral Lot 501
Lot 2-1-2-1-1-2-1-4 Mineral Lot 501
Lot 1 Old Mill Place
Lot 2 Papke Place
Lot 1-1-2-1-1-2-1-4 Mineral Lot 501
Lot 2-1-1-1-1-2-1-4 Mineral Lot 501
Lot 2-1-2-1-2-1-4 Mineral Lot 501
together with all improvements thereon, and all rights, easements and appurtenances
thereto belonging, for a term beginning on the 7th day of August, 2004, and ending on
the 6th day of August, 2103, upon the condition that Hartig performs as provided in this
Lease.
2. RENT. Hartig agrees to pay City as rent $ 1.00 for the term of the Lease. The
parties acknowledge that Hartig has previously paid to City the sum of $16,800.00 for
City's use in the purchase of the premises. For purposes of this Lease Agreement, such
amount shall also be considered rent.
3. POSSESSION. Hartig shall be entitled to possession on the first day of the
Lease term, or such earlier date as the parties may agree, and shall yield possession to
City at the termination of this Lease. SHOULD CITY BE UNABLE TO GIVE
POSSESSION ON SAID DATE, HARTIG'S ONLY DAMAGES SHALL BE A PRO RATA
ABATEMENT OF RENT.
4. USE. Hartig shall use and maintain the premises only for green space and a
nature preserve. No parking of vehicles or storage of vehicles or other materials of any
kind shall per permitted on the premises.
5. CARE AND MAINTENANCE.
(a) Hartig takes the premises as is.
(b) Hartig shall maintain the premises in a reasonable safe, clean and
presentable condition, including the mowing of grass. Hartig shall not erect any
structure of any kind on the premises without the prior written consent of City. City
agrees to remove all snow and ice from the sidewalk on or abutting the premises.
(c) Hartig shall upon possession of the premises seed or sod the premises at his
expense. Hartig may also at his expense plant such trees of such kind and at such
locations as he deems appropriate on the premises.
6. UTILITIES AND SERVICES. Hartig shall pay for all utilities and services
which may be used on the premises.
7. SURRENDER. Upon the termination of this Lease, Hartig will surrender the
premises to City in good and clean condition. Continued possession, beyond the term of
this Lease and the acceptance of rent by City shall constitute a month-to-month
extension of this Lease.
8. ASSIGNMENT AND SUBLETTING. Hartig shall not assign, sublet or
otherwise transfer the premises or any part thereof, and any attempted assignment,
subletting or transfer shall work an automatic forfeiture and termination of this Lease.
9. INSURANCE. Hartig shall obtain general liability insurance as set forth in the
City's Insurance Schedule for Lessee's of City Property as such schedule may from
time to time be amended. A copy of the current schedule is attached here to.
11. INDEMNITY Hartig will protect, defend, and indemnify City from and against
any and all loss, costs, damage and expenses occasioned by, or arising out of, any
accident or other occurrence causing or inflicting injury or damage to any person or
property, happening or done in, upon or about the premises, or due directly or indirectly
to the tenancy, use or occupancy thereof, or any part thereof by Hartig or any person
claiming through or under Hartig.
12. MECHANICS' LIENS. Neither Hartig, nor anyone claiming by, through, or
under Hartig, shall have the right to file any mechanic's lien against the premises.
13. DEFAULT, NOTICE OF DEFAULT AND REMEDIES.
A. The following shall constitute an event of default by Hartig: Failure to observe
or perform any duties, obligations, agreements, or conditions imposed on Hartig
pursuant to the terms of the Lease.
B. City shall give Hartig a written notice specifying the default and giving Hartig
ten (10) days in which to correct the default. If there is a default that cannot be
remedied in ten (10) days by diligent efforts of Hartig, Hartig shall propose an additional
period of time in which to remedy the default. Consent to additional time shall not be
unreasonably withheld by City. City shall not be required to give Hartig any more than
three notices for the same default within any 365 day period.
C. In the event Hartig has not remedied a default in a timely manner following a
Notice of Default, City may declare this Lease to be terminated and shall give Hartig a
written notice of such termination. In the event of termination of this Lease, City shall be
entitled to prove claim for and obtain judgment against Hartig for the reasonable
expenses of the City in regaining possession of the premises, including attorney's fees
and court costs.
D. In the event of termination of this Lease, Hartig shall be entitled to a pro rata
abatement of rent.
14. NOTICES AND DEMANDS. All notices shall be given to the parties hereto
at the addresses designated unless either party notifies the other, in writing, of a
different address. Without prejudice to any other method of notifying a party in writing or
making a demand or other communication, such notice shall be considered given under
the terms of this Lease when it is deposited in the U.S. Mail, registered or certified,
properly addressed, return receipt requested, and postage prepaid.
15. PROVISIONS BINDING. Each and every covenant and agreement herein
contained shall extend to and be binding upon the respective successors, heirs,
administrators, executors and assigns of the parties hereto.
CITY OF DUBUQUE, IOWA
By
rf
Terrance M. Duggan, Ma
At st:
Jeanne F. Schneider, City Clerk
David S. Hartig, Jr.
STATE OF IOWA
ss:
DUBUQUE COUNTY
On this / 7 day of F�-6ej 2004, before me, a Notary Public in
and for the State of Iowa, in and for said county, personally appeared David S. Hartig,
Jr., to me personally known, who acknowledged the execution of this instrument to be
his voluntary act and deed.
PlAk WILLIAM G. BLUM
Notary Public, State of Iowa *, .1 COMMISSION# 190485
MY COSSION EYP RES
o3 a
STATE OF IOWA
ss:
DUBUQUE COUNTY
On this I � v da r' ^�'
y of �C � 004, , before me, a Notary Public in and for
the State of Iowa, in and for said county ersonally appeared Terrance M. Duggan and
Karen M. Chesterman to me personall nown, who being by me duly sworn did say
that they are the Mayor and Deputy City Clerk, respectively of the City of Dubuque, a
Municipal Corporation, created and existing under the laws of the State of Iowa, and
that the seal affixed to said instrument is the seal of said Municipal Corporation and that
said instrument was signed and sealed on behalf of said Municipal corporation by
authority and resolution of its City Council and said Mayor and City Clerk acknowledged
said instrument to be the free act a d deed of said Municipal Corporation by it
volunt ily executed:
OIA, r
A s'
o ary Public, tate of Iowa
Fs
t
Prepared by: Barry A. Lindahl 300 Main Street Suite 330 Dubuque IA 52001 563 583-4113
RESOLUTION NO. 77 -04
DISPOSING OF AN INTEREST IN REAL PROPERTY
BY LEASE WITH DAVID S. HARTIG, JR.
WHEREAS, the City of Dubuque, Iowa (City) is the owner of the following
properties:
Lot 1-1-2-1 Mineral Lot 507
Lot 1-1-2-1-2-1-4 Mineral Lot 501
Lot 2-1-2-1-1-2-14 Mineral Lot 501
Lot 2 Papke Place
Lot 1-1-2-1-1-2-14 Mineral Lot 501
Lot 2-1-1-1-1-2-1-4 Mineral Lot 501
Lot 2-1-2-1-2-1-4 Mineral Lot 501;
and City intends to purchase Lot 1 Old Mill Place, all of which properties are
referred to herein as the City Property; and
WHEREAS, David S. Hartig, Jr. (Hartig) proposes to lease the City Property
on the terms set forth in the form of the attached Lease Agreement; and
WHEREAS,. on February 16, 2004, the City Council pursuant to notice
published as required by law held a public hearing on its intent to dispose of the
City Property pursuant to the Lease Agreement and overruled all objections thereto;
AND WHEREAS, the City Council finds that it is in the best interest of the City
to approve the Lease Agreement for the City Property.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY.OF DUBUQUE, IOWA:
Section 1. The Lease Agreement in the form attached hereto is hereby
approved.
Section 2. The Mayor is hereby authorized and directed to execute the Lease
Agreement.
Section 2. The City Clerk is hereby authorized and directed to cause this
Resolution to be recorded with the Dubuque County Recorder.
Passed, approved and adopted this 16th day of February, 2004.
Terrance M. Dugg ayor
�JeanneSc�hneid�er, City
ttest Cler
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: March 25, 2016, and for which the charge is $47.93.
Subscribed to before me, Notary Public in and for Dubuque County, Iowa,
this .300 day of % de.te_,6ei , 20 / .
TeD
otary Public in and for Dubuque County, Iowa.
ARY K, WESTERMEYER
Commie,sion Number 154865
My Camp, Fxp FEB. 1, 2017
CITY OF DUBUQUE,
IOWA
OFFICIAL "NOTICE
PUBLIC NOTICE is I
hereby given that the
City Council of the. City
of Dubuque, Iowa, will
hold a public hearing
on the 4th day of April,
2016, at 6:30 p.m. in the
Historic Federal Build-
ing, 350 West 6th
Street, second floor,
Dubuque, Iowa, at
which meeting the City
Council proposes to
dispose of an interest.!
in the following
described real property
by lease to David S. 1
Hartig, Jr.:
Lot 1-1-2-1 Mineral Lot
507
Let 1-1-2-1-2-1.4 Min-
eral Lot 501
Lot 2-1-2-1-1-2-1-4
Mineral Lot 501
Lot 1 Old Mill Place
Lot 2 Papke Place
Lot 1-1-2-1-1-2.1.4
Mineral Lot 501
Lot 2-1-1-1-1-2-1-4
Mineral Lot 501
Lot 2-1-2-1-2-1-4
Mineral Lot 501 Mineral Lot 501
(1620, 1650, 1695, and Lot. 24-2-1-1-24-4
1699 Old Mill Road) I, Mineral Lot 501
At the meeting, the Lot 1 old Mill Place
City Council will re- 'Lot 2 Papke Place
ceive oral. and written '[ Lot 1-1-2-14-2-1-4
comments from any Mineral Lot
501
resident or property'1 Lot own501
2-1-2-1-24-4
the above action. Writ- Mineral Lot 1
ten comments regard- on F
ing the above public ru WHEREAS,
A2S, the e -
hearing may be sub-
mitted . to the - City ; of Dubuque (City) and
Clerk's Office, City the David 5. Hartig, Jr.
Hall, 50 W. 13th Street, (Hartig) entered into a
on or before said time Lease
Leased Agreement
t for
of the public hearing.
Copies of supporting and
City and
documents for the
public: hearings are on 1
alae ig desiredoAgram n
d
file in the City Clerk's
nt
Office, and may be ' as set forth in the
viewed during , normal attached Amended and
working hours. I Restated, Lease Agreel.
Any visual or hearing ment arid:
impaired personsneed- WHEREAS, the City
ing special assistance I Council has tentatively
or persons with special 1 determined that it
accessibility " needs would-
' in the
bs
should contact the City I City o
l
Clerk's Office at (563) approve the Amended
589-4100 or TTY 563) and Restated Lease
78 at least 48 Agreement.
690-66
hours prior to the IT. NOW THERRESOLVEEFORE,
BE
THE
meeting.
Dated this 25th day of CIITTYY COUNCILTY OF FTDUBUQUE,
MHE
arch, 2016.
Kevin S. Firnstahl, I IOWA, �e
CMC, City Clerk
1t 3/25 Cath",,Gounml wt fan-
RESOLUTION duct a public hearing
N0.99-16 on the proposed
INTENT TO DISPOSE Amended and Restated
OF AN INTEREST IN Lease Agreement at -
CITY OWNED REAL tached hereto in the
PROPERTY BY City Council Chambers
AMENDMENT TO at the Historic Federal
LEASE AGREEMENT Building, 350 W. 6th
BETWEEN THE CITY Street, Dubuque, lovda
OF DUBUQUE AND on the 4th day of April,
DAVID S. HARM, JR. 2016 beginning at 6:30
FOR THE LEASE OF p.m.
CERTAIN REAL PRO -
Section 2. That the
PERTY AT 1620, 1650, City Clerk be and is
MIL1695, AND 1699 OLD directed autthorized
ed and
d I,
WHEREAS,
the notice- of the ,:public
WHEREAS, City of
Dubuque, Iowa is the hearing according ,to
owner of, the following law,
described real property Passed, approved arid'
(the Leased Premises): adopted this 21st day
Lot 1-1-2-1 Mineral Lot of March, 2016R W Jones,
507 Mayor Pro -Tem
Lot 14-2-1-2-1-4 Attest; Kevin S.
Firnstahl City Clerk
It 3/25