Burlington Trailways Lease Agreement_DITC Copyright 2014
City of Dubuque Public Hearings # 1.
ITEM TITLE: Burlington Trailways Lease Agreement
SUMMARY: Proof of publication on notice of public hearing to approve a lease
agreement with Burlington Trailways at the Intermodal Transit Facility and
the City Manager recommending approval.
RESOLUTION Disposing of an interest in real property by easement to
Burlington Stage Lines, LTD.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s)
ATTACHMENTS:
Description Type
❑ Burlington Trailways Intermodal Facility Lease-MVM Memo City Manager Memo
❑ Staff Memo Staff Memo
❑ Resolution-Disposition By Lease Resolutions
❑ Lease Agreement Supporting Documentation
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: Burlington Trailways Intermodal Lease
DATE: August 13, 2015
Transit Manager Candace Eudaley recommends City Council approval of a 5-year lease
agreement with Burlington Trailways at the Intermodal Facility.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Micliael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Candace Eudaley, Transit Manager
Maurice Jones, Economic Development
THE CDubuque
DUUL TE
All-America City
Masterpiece on the Mississippi 2012
TO: Michael C. Van Milligen, City Manager
FROM: Candace Eudaley, Transit Manager
DATE: July 17, 2015
RE: Burlington Trailways Intermodal Lease
INTRODUCTION
With the opening of the new Intermodal Terminal scheduled for August 2015, Burlington Trailways has
committed to locate its ticket office in the space and pay rent to the city beginning September 1, 2015. A 5-year
lease agreement has been negotiated and reviewed by Assistant City Attorney Crenna Brumwell, agreed to by
Burlington Trailways and is provided for approval by City Council.
BACKGROUND
Intercity bus service is an integral component transportation in the city of Dubuque. Burlington Trailways is the
main intercity provider of this service to the city and is a key partner in the Intermodal Facility project. Regular
service is provided between Chicago, Dubuque and Des Moines. During calendar year 2014, 7,227 rides
began or ended in Dubuque with trip origin and destinations shown below.
Tri p Ridership
Chicago to Dubuque 2,728
Des Moines to Dubuque 788
Dubuque to Chicago 2,956
Dubuque to Des Moines 755
DISCUSSION
As part of the contract for intercity bus services with Burlington Trailways, the City assisted with the cost of rent
at their current location on Rhomberg Avenue in the amount of$800/month. The city's final monthly payment
toward this location is for the month of August 2015.
September 1, 2015, Trailways will move their office to the Intermodal Facility and begin to pay rent to the city in
the amount of$500/month as well as $125 per month toward the facility's maintenance, insurance and taxes
(MIT).
BUDGET IMPACT
The Jule budgeted for the expected revenue of$6,000 from the Burlington Trailways lease during the FY16
budget process.
RECOMMENDATION
I recommend approval of the 5-year lease agreement with Burlington Trailways at the Intermodal Facility.
cc: Maurice Jones, Economic Development Director
Prepared by Candace Eudaley, 2401 Central Ave., Dubuque, IA 52001, (563) 589-4196
RESOLUTION NO. 284-15
DISPOSING OF AN INTEREST IN REAL PROPERTY BY EASEMENT TO
BURLINGTON STAGE LINES, LTD
WHEREAS, the City of Dubuque, Iowa (City) is the owner of real property shown on
Exhibit A attached hereto (the Property); and
WHEREAS, City and Burlington Stage Lines LTD (Burlington) have entered into an
Agreement pursuant to which City will lease the Property to Burlington; and
WHEREAS, on August 17, 2015, the City Council pursuant to notice published as
required by law held a public hearing on its intent to dispose of the foregoing interest in
the Property and overruled all objections thereto; and
WHEREAS, the City Council finds that it is in the best interest of the City to approve
the disposition of such interest in the Property.
NOW,. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council of the City of Dubuque approves the disposition of the
City's interest in the foregoing -described Property by Lease Agreement to Burlington.
Section 2. The Mayor is hereby authorized and directed to sign this Resolution and the
Lease Agreement.
Passed, approved and adopted this 17th day of August, X015.
Attest:
Kevi , S. Firnstahl, City Clerk
Roy D. B I, Mayor
Dubuque Intermodal Facility
Commercial Tenant Lease
1. BASIC PROVISIONS
1.1 Parties: This lease dated for reference purposes only the 9714 day
of -372. , 2015, is made by and between the City of Dubuque, Iowa,
d/b/a The Jule (hereinafter referred to as "Landlord") and Burlington Stage Lines, LTD
d/b/a Burlington Trailways, (hereinafter referred to as "Tenant") (collectively the "Parties"
or individually a "Party") for the property located at 950 Elm Street, Dubuque, IA 52001
(hereinafter referred to as "Intermodal Facility").
1.2 Premises:
(a) Exclusive Premises: That certain real property for the exclusive use of
Tenant, consisting of approximately 354 square feet of floor space in the carrier
office area including all improvements therein, and more particularly described on
Exhibit "A-1" (hereinafter referred to as "Exclusive Premises").
(b) Common Areas: That certain real property for the common use of the
Landlord, Tenant and other tenants of Landlord, consisting of approximately,
3,931 square feet of floor space in the entry vestibule/waiting area and restroom
area" including all improvements therein or to be provided by Landlord under the
terms of this Lease, and more particularly illustrated in Exhibit "A-1" (herein
referred to as "Common Areas").
(c) Address: The legal address of the exclusive premises is as follows:
950 Elm Street
Dubuque, Iowa 52001
(d) Hours of Operation: That certain real property for the exclusive or common
use of the Tenant will be available for use by the Tenant 8am to Spm Monday
through Friday. Tenant will have a company representative on site during times
when the Premises are utilized by Tenant or Tenant's clients.
1.3 Term: The term of this Lease commences on September 1, 2015 (hereinafter
referred to as "Commencement Date") and ends June 30, 2020 (hereinafter referred to
as "Expiration Date") with options to renew for up to two (2) additional one-year terms at
the expiration of this Lease upon mutual consent of both parties. (See paragraph 3 for
further provisions.) If Tenant requests an option to renew, then the parties agree to
meet no later than six (6) months before the end of said lease commencement/option
period and to negotiate in good faith further extensions of this Lease. Any leasehold
encumbrance must be approved by the Federal Transit Administration prior to execution
of an agreement or extension of the agreement.
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1.4 Rental:
(a) Base Rent: Tenant shall pay monthly base rent for the Leased Premises
equal to $500.00 per month (the "Monthly Base Rent"), plus maintenance,
insurance and taxes (MIT) which includes utilities, payable in advance prior to the
first day of each month. The first month's rent will be paid upon execution of this
Commercial Tenant Lease Agreement (hereinafter referred to as "Agreement").
To the extent the Term commences on a day other than the first day of the
month, the first month's rent shall be prorated accordingly.
(b) Maintenance, Insurance and Taxes (MIT). Beginning on the
Commencement Date, and on the first day of each month thereafter during the
term of this Lease and any extensions or renewals, Tenant shall also pay a
portion of the maintenance, insurance and taxes (MIT) in connection with the
Premises and the Building. Tenant shall pay $4.25 per square foot per year
($125 per month) concurrent with each monthly rental payment. Within 31 days
of the end of each fiscal year, Landlord shall provide an itemized statement of the
actual MIT expenses incurred by Landlord during the calendar year. This
itemized statement, and a refund of any overpayment made by Tenant, shall be
provided to Tenant within 31 days of the end of each fiscal year. If Tenant has
underpaid Tenant's MIT obligations for the year, Tenant shall make payment of
the difference between what Tenant paid and what Tenant owed for the previous
year, to Landlord within 30 days of receipt of the itemized statement from
Landlord. This process of Landlord estimating the MIT expenses and providing
an annual itemization and reconciliation shall occur during each year of the Term
of this Lease. If the Lease terminates prior to December 31 in any year, the
reconciliation and Landlord refund, if any, shall occur within 30 days of the end of
the Term and Tenant shall pay any additional sums due Landlord within 30 days
of receipt of the itemization. Tenant's share of MIT shall be determined by
multiplying the total cost of MIT by the percentage which is equal to the total
square foot Leased by Tenant (354 square feet) divided by the rentable square
footage of the Building which contains the Premises (2,949 square feet).
Therefore, Tenant's percentage of MIT shall be 12%. The sums due under this
paragraph shall be deemed rental in addition to the rental provided in the first
paragraph of this paragraph 1.4.
(c) Rent Increases: If contract extensions are requested by Tenant and
agreed to by Landlord, the "Monthly Base Rent" shall increase during the term of
the lease extension according to the Producers Price Index (PPI) as referenced
in paragraph (d).
(d) PPI Adjustments: The PPI Adjustment shall be accomplished through the
use of the following procedures:
(i) The "Reference Date" shall be the lease Commencement Date.
The "Comparison Date" shall be in all instances the last day of the Lease
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Year immediately preceding the Lease Year as to which the PPI
Adjustment is to be applicable.
(ii) The PPI for Operators and Lessors of Non -Residential Buildings
(Base Year 2012 = 100) published by the United State Department of
Labor, Bureau of Labor Statistics (the "Index"), which is published most
immediately preceding the Comparison Date (the "Comparison Index"),
shall be compared with the PPI published most immediately preceding the
Reference Date (the "Reference Date").
(iii) The Monthly Rent for the applicable Lease Year shall be the
product that results when the initial Monthly Rent specified above is
multiplied by a fraction, the numerator of which is the applicable
Comparison Index and the denominator of which is the Reference Index.
In no event, however, shall the PPI Adjustment be greater than three
percent (3%) with respect to any Lease Year. As soon as the Monthly
Rent for the affected Lease Year is set, Landlord shall give Tenant notice
of the amount of the Monthly Rent for the Lease Year.
(iv) If the Index is changed so that the Base Year differs from that used
as of the lease Commencement Date, the Index shall be converted in
accordance with the conversion factor published by the United States
Department of Labor, Bureau of Labor Statistics. If the Index is
discontinued or revised during the Lease Term, such other governmental
index or computation with which it is replaced shall be used in order to
obtain substantially the same results as would be obtained if the Index had
not been discontinued or revised.
(e) Rent Payable: Rent shall be payable to Landlord and sent to the following
individual and address:
City of Dubuque
Attn: Candace Eudaley
350 Elm St
Dubuque, IA 52001
Notice of change will be transmitted to Tenant by Landlord as described in
Section 17 of this Agreement entitled "Notices."
1.5 Permitted Use: Operation of a bus terminal and the handling of passengers,
baggage and package express by the Tenant and its affiliated or tenant carriers. (See
paragraph 5.1 for further provisions.) The Tenant shall have the exclusive right to use
the Exclusive Premises for such purposes; however, the use of Common Areas shall be
non-exclusive and the Common Area may be used by Landlord for such other purposes
it deems appropriate.
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1.6 Parking Spaces: Included in the lease of the Premises is one parking space at no
cost. A second parking space will be provided at the "Covered Annual Permit" rate,
payable July 1 of each year. The location of these spaces will be on the second level of
the Intermodal Ramp.
2. PREMISES
2.1 Letting: Landlord hereby leases to Tenant, and Tenant hereby leases from
landlord, the Premises, for the term, at the rental and upon all of the terms, covenants
and conditions set forth in this Lease. Unless otherwise provided herein, any statement
of square footage set forth in this Lease, or that may have been used in calculating
rental, is an approximation which Landlord and Tenant agree is reasonable and the
rental based thereon is not subject to whether or not the actual footage is more or less.
2.2 Condition: Landlord shall deliver the Premises to Tenant with all leasehold
improvements described in the construction plans and specifications dated March 3,
2014. Tenant shall provide all remaining furnishings and fixtures to be utilized by Tenant
in the Exclusive Premises. Any alteration of the Premises must be approved by
Landlord's Representative in writing prior to said alteration.
2.3 Compliance: Landlord represents and warrants to Tenant that the Premises
comply with all applicable zoning requirements, ordinances, regulations and all
applicable law affecting Premises and/or required in Tenant's use of the Premises or
common areas appurtenant to the Premises, including the Americans With Disabilities
Act (or other laws affecting handicapped access) and any environmental impact or
traffic studies or requirements.
3. TERM
3.1 Term: The Commencement Date, Expiration Date and Original Term of this
Lease are as specified in paragraph 1.3.
3.2 Extension: If the Lease is still in force and effect, Tenant shall have an annual
option(s) to request extensions for additional terms of one year provided Tenant is not,
at the date of the request, in default hereunder of such a nature as would allow Landlord
to terminate the lease, and further provided Tenant has given written notice of the
request to Landlord not less than six (6) months prior to the expiration of the then
current Term (original or extended). If said requests for extension are made by Tenant
and agreed to by Landlord in writing, the Term of this Lease shall be extended for the
additional term, without requirement of any further instrument, upon all of the same
terms, provisions and conditions set forth in the Lease but with the monthly base rent
increased as provided in paragraph 1.4.b.
In the event the aforesaid extension(s) are requested and granted, all references in the
Lease to the term shall be construed to refer to the Original Term, as extended, whether
or not specific reference thereto is made in the Lease.
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4. REPRESENTATIONS AND WARRANTIES
Landlord hereby represents and warrants to Tenant that as of the Commencement
Date:
(a) Landlord has full right, power and authority to enter into this Lease and to
execute and perform all of the terms, provisions, covenants and agreements
provided herein.
(b) To the best of its knowledge, Landlord represents that there are no
condemnation proceedings or eminent domain proceedings of any kind pending,
contemplated or threatened against the Premises;
(c) To the best of its knowledge, Landlord represents that there are no suits,
judgments or notices from any governmental authority relating to any violation of
any health, pollution control, building, fire or zoning laws of any governmental
authority with respect to the Premises, and there is no litigation or proceeding
pending or threatened against or affecting the Premises;
(d) To the best of its knowledge, Landlord represents that there is no adverse
fact relating to the physical, mechanical or structural condition of the Premises or
any portion thereof which has been specifically disclosed to Tenant;
(e) No commitments have been or will be made by the Landlord to any
governmental authority, utility company or other organization relating to the
premises which would impose an obligation upon Tenant to make any
contribution of money or dedications of property or to construct any
improvements; and no governmental authority has imposed a requirement that
the owner or occupant of the Premises pay any special fees or incur any
expenses or obligations in connection with the Premises;
(f) To the best of its knowledge, other than this lease, Landlord represents
that there are no contracts, leases or agreements of any kind whatsoever which
restrict Tenant's rights under this Lease or the Exclusive Premises.
5. USE
5.1 Use: Tenant shall use and occupy the Premises only for the purposes set forth in
paragraph 1.5 or any other use which is incidental thereto including, but not limited, to
the supplying of goods and services customarily provided to the traveling public. Tenant
shall not use or permit the use of the Premises in a manner that creates waste or a
nuisance. Landlord acknowledges that Tenant's proposed use of the premises for its
bus terminal operations does not constitute a nuisance.
5.2 Hazardous Substances:
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(a) Tenant will comply with all environmental laws during the term of the
Lease and agrees to indemnify, defend and hold the Landlord harmless from and
against any and all Toss, damage, liability and expense (including reasonable
attorney's fees) that the Landlord may incur as a result of any claim, demand or
action related to environmental conditions as a result of Tenant's use of the
Premises.
(b) Landlord represents and warrants to Tenant that the Premises do not
contain any asbestos or Hazardous Materials (as defined below) and Landlord is
not in violation of any federal, state or local law, ordinance or regulation relating
to industrial hygiene or to the environmental conditions on, under or about the
premises including, but not limited to, soil and ground water condition.
(c) The term "Hazardous Material" as used herein shall include, but not be
limited to, asbestos, flammable explosives, dangerous substances, pollutants,
contaminants, hazardous wastes, toxic substances and any other chemical,
material or related substance, exposure to which is prohibited or regulated by
any governmental authority having jurisdiction over the Premises, any
substances defined as "hazardous substances," "hazardous materials" or "toxic
substances" in the Comprehensive Environmental Response Compensation and
Liability Act of 1980, as amended, by the Superfund Amendments and
Reauthorization Act 42 U.S.C. § 9601, et seq.; the Hazardous Material
Transportation Act, 49 U.S.C. § 1801, et seq.; Clean Air Act 42 U.S.C. § 7901, et
seq.; Toxic Substances Control Act, 15 U.S.C. § 2601, et seq.; Clean Water Act,
33 U. S. C. § 1251, et seq.; the laws, regulations or rulings of the state in which
the Premises is located or any local ordinance affecting the Premises; or the
regulations adopted in publication promulgated pursuant to any of such laws and
ordinances.
5.3 Tenant's Compliance with Law: Except as otherwise provided in this Lease,
Tenant shall, at Tenant's sole cost and expense, fully, diligently and in a timely manner
comply with all Applicable Law, which term is used in this Lease to include all laws,
rules, regulations, ordinances, directives, covenants, easements and restrictions of
record or permits relating to Tenant's use of the Premises, now in effect or which may
hereafter come into effect, and whether or not reflecting a change in policy from any
previously existing policy. Tenant shall, within ten (10) days after receipt of Landlord's or
Landlord's Representative's written request, provide Landlord with copies of all
documents and information including, but not limited, to permits, registrations,
manifests, applications, reports and certificates evidencing Tenant's compliance with
any Applicable Law, and shall promptly upon receipt notify Landlord in writing (with
copies of any documents involved) of any threatened or actual claim, notice, citation,
warning, complaint or report pertaining to or involving failure by Tenant to comply with
any Applicable Law.
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5.4 Ingress and Egress: Tenant shall have the non-exclusive right of ingress and
egress to and from the Premises and shall not be unreasonably restricted in the
operation of its motor buses to and from the Premises.
6. MAINTENANCE AND REPAIRS; IMPROVEMENTS, ADDITIONS &
ALTERATIONS
Tenant shall maintain the Exclusive Premises in a clean and orderly condition. Tenant
shall, at Tenant's sole cost and expense, repair any and all damage done to the
Exclusive Premises or Common Areas or the Landlord's adjoining premises by Tenant's
employees, agents, contractors, business invitees, customers and patrons. Landlord
shall maintain and promptly make all common area and exterior repairs (including
landscaping, snow removal and common area maintenance), all repairs, replacements
or retro -fitting of a permanent character (including, but not limited to, components in the
air conditioning, boiler and heating systems, HVAC systems, sprinkler systems, gas
lines, electrical and plumbing fixtures and hot water systems, including heaters), and all
floors and floor surfaces, driveways, parking lots, bus docks, wall, roof (including water
tightness), foundation, footings, Building Systems (as herein defined) and structural
repairs, support systems, strengthening, alternations, reconstructions or additions
necessitated by reason of lapse of time, weakness or decay, insect infestation, or
damage to or destruction of the Premises, or to any part thereof, or which may, at any
time, be required by any governmental or public authority, except for any damage
caused solely by Tenant's negligence. The "Building Systems" shall be construed as the
building utility elements essential for Tenant's use and occupancy of the Premises
including, but not limited to, such systems as are not readily accessible to Tenant, such
as underground water, sewer, electric and other utility lines and all trash removal related
to the Premises. Tenant shall surrender the Premises in as good order, repair and
condition as the same were in the commencement of the Term, damage by fire and
items covered by extended coverage, insurance, unavoidable casualty, reasonable
wear and tear, alternations, improvements and additions made by Tenant and
Landlord's failure to repair excepted.
7. INSURANCE AND INDEMNITY
7.1 Landlord Insurance: Landlord is insured against all risks of physical loss or
damage to the Premises in the amount of the full replacement cost thereof, against any
perils commonly included in a broad form all risk policy, including the classifications of
fire, lightning, explosion, vandalism, wind and hail. A copy of Landlord's evidence of
property insurance will be available at Tenant's request. Landlord shall maintain during
the Term of this. Agreement Landlord's membership in the Iowa Communities
Assurance Pool or obtain general liability insurance with equivalent coverage.
7.2 Tenant Insurance: At the time of execution of this Agreement Tenant shall
provide City copies of Tenant's insurance certificates showing compliance with the
City's standard insurance schedule, which may from time to time be amended. The
current insurance schedule is attached to this Agreement as Insurance Schedule A.
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7.3 Indemnity: Except as otherwise agreed upon herein, each party agrees to
indemnify and save the other party harmless from any and all claims, demands, costs
and expenses of every kind whatsoever, including reasonable attorney's fees for the
defense thereof, arising from the indemnifying party's wrongful act or negligence in or
about the Premises. In case of any action or proceeding brought against either party by
reason of any such claim, upon notice from such party, the indemnifying party
covenants to defend such action or proceeding by counsel reasonably satisfactory to
the other party, unless such action or proceeding alleges the joining of concurring
wrongful acts or negligence of both parties, in which case both parties shall share
equally in the defense of such action or proceeding to the extent permitted by law.
7.4 Waiver of Subrogation: Landlord and Tenant and all parties claiming under or
though them hereby mutually release and discharge each other and the officers,
employees, agents, representatives, customers and business visitors of Landlord or
Tenant from all claims, losses and liabilities arising from or caused by any injury to
persons or property covered by third party insurance, even if caused by the fault or
negligence of a released party, but only: (1) in the actual amount and to the extent that
insurance proceeds are received by the agreed party from third party insurers, (2) if this
provision does not void or render invalid any insurance coverage or policy, (3) if consent
to this waiver of subrogation by a third party insurer is given after a request has been
made therefore (if required under the terms or such policy in order not to void same)
and/or an endorsement to the policy is obtained (if an endorsement can be obtained at
no additional cost) and (4) applying, in the case of Tenant, to any amounts in excess of
the amount of which Tenant may self -insure.
8. DAMAGE OR DESTRUCTION
If the Premises are damaged or destroyed in whole or in part by fire or other casualty,
Landlord shall repair and restore the premises to a good tenantable condition. All rent
shall wholly abate in the case the entire Premises is untenantable, or shall abate pro
rate for the portion rendered untenantable in case a part only is untenantable, until the
Premises is restored to a tenantable condition. Landlord shall commence and complete
all work required to be done under this paragraph 8 with reasonable promptness and
diligence. In the event Landlord repairs or restores the Premises, the rent due under this
Lease shall be abated or reduced proportionately during any period which, by reason of
such damage or destruction, there is unreasonable interference with the operation of
the business of Tenant. If Landlord does not commence the repair or restoration within
thirty (30) days after the damage of destruction occurs, or if repair or restoration will and
does require more than ninety (90) days to complete, Tenant may, at Tenant's option,
terminate this Lease by giving Landlord notice of Tenant's election to do so at any time
prior to the commencement of the repair or restoration. In that event, this Lease shall
terminate as of the date of such damage or destruction.
9. ASSIGNMENT AND SUBLETTING
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Other than that of an independent commission contractor, Tenant shall not have the
right to assign this Lease, or sublease all or a part of the Premises for any
transportation purpose, without the prior written consent of Landlord, which may not be
unreasonably withheld, to any person or entity at any time and from time to time. Any
such assignment or sublease shall not release Tenant of its obligations, liability and
responsibilities under this Lease. Any assignment or subletting of the Premises will be
to another qualified Over -the -Road Carrier only.
10. TERMINATION FOR CONVENIENCE
Tenant and Landlord may, by written notice, terminate this contract, in whole or in part,
when it is in either entities best interest. If this contract is terminated, a minimum of
ninety (90) days written notice must be provided. Tenant shall be liable only for payment
under the rental provision of this agreement rendered before the effective date of
termination.
11. DEFAULT; BREACH; REMEDIES
11.1 Default: The occurrence of any of the following events constitutes a material
default of this Lease by Tenant:
(a) The failure by Tenant to make any payment of rent or any other payment
required to be made by Tenant hereunder, as and when due, where the failure
continues for a period of twenty (20) days after Tenant receives notice thereof
from Landlord.
(b) The failure by Tenant to observe or perform any of the covenants,
conditions or provisions of this Lease to be observed or performed by Tenant,
other than those described in subparagraph (a) above, where the failure
continues for a period of thirty (30) days after Tenant receives notice thereof from
landlord; provided, however, that if the nature of Tenant's default is such that
more than thirty (30) days are reasonably required for its cure, then Tenant shall
not be deemed to be in default if Tenant commences such cure within the thirty
(30) day period and thereafter diligently completes the cure.
(c) The making by Tenant of any general assignment or general arrangement
for the benefit of creditors, the filing by Tenant of a petition to have Tenant
adjudged a bankrupt and/or the judicial declaration of Tenant as bankrupt.
(d) The appointment of a trustee or receiver to take possession of
substantially all Tenant's assets located at the Premises or of Tenant's interest in
this Lease, if possession is not restored to Tenant within thirty (30) days.
(e) The attachment, execution or other judicial seizure of substantially all
Tenant's assets located at the Premises or of Tenant's interest in this Lease, if
the seize is not discharged within thirty (30) days.
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(f) Tenant's action or inaction resulting in a lien being placed on all or part of
the Leased Premises, if such lien is not bonded or discharged within thirty (30)
days.
11.2 Remedies Upon Tenant's Default: In the event of any such material default by
Tenant, Landlord may, after giving notice as provided above, enter into the Premises,
remove Tenant's property and take and hold possession of the Premises, expel Tenant
and pursue those remedies available to Landlord under the laws of the state in which
the Premises is located. Landlord shall make reasonable efforts to relet the premises or
any part thereof in order to mitigate any damages resulting from Tenant's default.
11.3 Default by Landlord: Landlord shall not be in default unless Landlord or its
Representative fails to perform any covenants, terms, provisions, agreements or
obligations required of the Landlord within a reasonable time, but in no event later than
thirty (30) days after notice by Tenant to Landlord; provided that if the nature of
Landlord's obligation is such that more than thirty (30) days are reasonably required for
performance, then Landlord shall not be in default if Landlord or its Representative
commences performance within the thirty (30) day period and thereafter diligently
completes performance.
11.4 Remedies upon Landlord's Default: If Landlord defaults in the performance of
any of the obligations or conditions required to be performed by Landlord or its
Representative under this Lease, Tenant may, after giving notice as provided above,
either cure the default and deduct the cost thereof from rent subsequently becoming
due hereafter, or elect to terminate this lease upon giving thirty (30) days notice to
landlord of its intention to do so. In that event, this lease shall terminate upon the date
specified in the notice, unless Landlord has meanwhile cured the default to the
satisfaction of Tenant. In the event that any representations and warranties set forth in
this Lease (including, but not limited to, those set forth in paragraph 4 herein) shall
cease to be the case, and if Landlord shall have failed to commence to cure within sixty
(60) days after notice from Tenant and thereafter diligently completes the cure of the
same, then, except as specifically provided elsewhere in this Lease, Tenant shall have
the right to terminate this Lease upon notice to Landlord. Tenant may also pursue those
remedies available to it under the laws of the state in which the Premises are located.
12. SEVERABILITY
The invalidity of any provision of this Lease, as determined by a court of competent
jurisdiction, shall in no way affect the validity of any other provision hereof.
13. CONDITIONS PRECEDENT
The rental and other monetary obligations of Tenant under this Lease shall not be
effective unless and until Landlord receives a certificate of occupancy to operate
Tenant's business on the Premises. In the event Landlord is unable to procure the
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necessary permits to operate on the Premises within thirty (30) days of the
Commencement Date, Tenant may terminate this Lease upon written notice to
Landlord.
14. TIME OF ESSENCE
Time is of the essence with respect to the performance of all obligations to be
performed or observed by the Parties under this Lease.
15. RENT DEFINED
All monetary obligations of Tenant to Landlord under the terms of this lease are deemed
to be rent.
16. NO PRIOR OR OTHER AGREEMENTS
This Lease contains all agreements between the parties with respect to any matter
mentioned herein, and no other prior or contemporaneous agreement or understanding
shall be effective.
17. NOTICES
17.1 All notices required or permitted by the Lease shall be in writing and may be
delivered in person (by hand or by messenger or courier service) or may be by certified
or registered mail or U.S. Postal Service Express Mail, with postage prepaid, or by a
nationally recognized overnight courier (next day delivery) and shall be deemed
sufficiently given if served in a manner specified in this paragraph 17. Timely delivery of
notices as specified in this Lease to the individuals and addresses noted below shall
constitute the Party's sufficient delivery of notice. Either Party may, by written notice to
the other, specify a different address or individual for notice purposes. A copy of all
notices required or permitted to be given to Landlord hereunder shall be concurrently
transmitted to such party or parties at such addresses as Landlord may from time to
time hereafter designate by written notice to Tenant.
Landlord
Attn: Candace Eudaley
1,50 Elm St
Dubuque, IA 52001
Tenant
Attn: Marty Bradley
PO Box 531
W. Burlington, IA 52655
17.2 Any notice sent by registered or certified mail, return receipt requested, shall be
deemed given on the date of delivery shown on the receipt card, or if no delivery date is
shown, the postmark thereon. Notices delivered by United States Express Mail or
overnight courier that guarantees next day delivery shall be deemed given twenty-four
(24) hours after delivery of the same to the United States Postal Service or courier. If
notice is received on a Sunday or legal holiday, it shall be deemed received on the next
business day.
11
18. WAIVERS
No waiver by Landlord of the Default or Breach of any term, covenant or condition
hereof by Tenant shall be deemed a waiver of any other term, covenant or condition
hereof, or of any subsequent Default or Breach by Tenant of the same or of any other
term, covenant or condition hereof. Landlord's consent to, or approval of, any act shall
not be deemed to render unnecessary the obtaining of Landlord's consent to, or
approval of, any subsequent or similar act by Tenant, or be construed as the basis of an
estoppel to enforce the provision or provisions of this Lease requiring such consent.
Regardless of Landlord's knowledge of a Default or Breach at the time of accepting
rent, the acceptance of rent by Landlord shall not be a waiver of any preceding Default
or Breach by Tenant of any provision hereof, other than the failure of Tenant to pay the
particular rent so accepted. Any payment given Landlord by Tenant may be accepted by
Landlord on account of moneys or damages due Landlord, notwithstanding any
qualifying statements or conditions made by Tenant in connection therewith, which such
statements and/or conditions shall be of no force or effect whatsoever unless
specifically agreed to in writing by Landlord at or before the time of deposit of such
payment.
19. HOLDOVER
If Tenant remains in possession of the Premises after the expiration or termination of
the Lease, and without the execution of a new Lease, Tenant shall be deemed to be
occupying the Premises as a Tenant from month-to-month, subject to all of the
conditions, provisions and obligations of this Lease insofar as they are applicable to a
month-to-month tenancy.
20. CUMULATIVE REMEDIES
No remedy or election hereunder shall be deemed exclusive but shall, wherever
possible, be cumulative with all other remedies at law or in equity.
21. COVENANTS AND CONDITIONS
All provisions of the Lease to be observed or performed by Tenant are both covenants
and conditions.
22. BINDING EFFECT; CHOICE OF LAW
This Lease shall be binding upon the parties, their personal representatives, successors
and assigns and be governed by the laws of the State of Iowa. Any litigation between
the parties hereto concerning this Lease shall be initiated in Dubuque County, Iowa.
23. ATTORNEY'S FEES
12
If any Party brings an action or proceeding to enforce the terms hereof or declare rights
hereunder, the Prevailing party (as herein defined) in any such proceeding, action or
appeal thereon shall be entitled to reasonable attorney's fees. Such fees may be
awarded in the same suit or recovered in a separate suit, whether or not such action or
proceeding is pursued to decision or judgment. The term "Prevailing Party" shall
include, without limitation, a party who substantially obtains or defeats the relief sought,
as the case may be, whether by compromise, settlement, judgment or the abandonment
by the other Party of this claim or defense. The attorney's fees award shall not be
computed in accordance with any court fee schedule, but shall be such as to fully
reimburse all attorney's fees reasonably incurred.
24. LANDLORD'S ACCESS; REPAIRS
Landlord and/or Landlord's Representative shall have the right to enter the Premises at
any time, in the case of an emergency, and otherwise at reasonable times for the
purpose of showing the same to prospective purchasers, lenders or tenants and making
such alterations, repairs, improvements or additions to the Premises or to the building of
which they are a part, as Landlord may reasonably deem necessary, provided such
activities shall not unreasonably interfere with Tenant's operations. All such activities of
Landlord or its Representative shall be without abatement of rent or liability to Lease.
25. SIGNS
Upon written permission of the Landlord, the Tenant may erect such signs on the
interior of the Premises as Tenant may deem desirable: (a) if the signs do not violate
the laws, rules or regulations of the municipality in which the Premises are situated and
(b) if the Landlord determines such signs are compatible with the architecture and
aesthetics of the principle structure.
26. QUIET POSSESSION
Landlord covenants and agrees that so long as Tenant observes and performs all of the
agreements and covenants required of it hereunder, Tenant shall peaceable and quietly
have, hold and enjoy the Premises for the Term without any encumbrance, interference
or hindrance by Landlord. If Tenant's use of the Premises is limited or denied through
rezoning, environmental impact edict or other action of any public or quasi -public
agency or governmental authority, the Lease, at the sole option of the Tenant, shall
terminate as of the effective date of such action and the rent applying to the unexpired
portion of the Term will be abated.
27. PERFORMANCE UNDER PROTEST
If at any time a dispute shall arise as to any amount or sum of money to be paid by one
party to the other under the provisions hereof, the party against whom the obligation to
pay the money is asserted shall have the right to make payment "under protest" and
such payment shall not be regarded as a voluntary payment and there shall survive the
13
right on the part of said party to institute suit for recovery of such sum. If it shall be
adjudged that there was no legal obligation on the part of said party to pay such sum or
any part thereof, said party shall be entitled to recover such sum or so much thereof as
it was not legally required to pay under the provisions of this Lease.
28. AUTHORITY
If either party hereto is a corporation, trust or general or limited partnership, each
individual executing this Lease on behalf of such entity represents and warrants that he
or she is duly authorized to execute and deliver this Lease on its behalf. If it is a
corporation, trust or partnership, Tenant shall, within thirty (30) days after request by
Landlord, deliver the Landlord evidence satisfactory to Landlord of such authority.
29. CONFLICT
Any conflict between the printed provisions of this Lease and the typewritten or
handwritten provisions shall be controlled by the typewritten or handwritten provisions.
30. OFFER
Preparation of this Lease by Landlord or its Representative and submission of same to
Tenant shall not be deemed an offer to lease to Tenant. This Lease is not intended to
be binding until executed by all parties hereto.
31. AMENDMENTS
This Lease may be modified only in writing, signed by the Parties in interest at the time
of the modification.
32. MULTIPLE PARTIES
Except as otherwise expressly provided herein, if more than one person or entity is
named herein as either Landlord or Tenant, the obligations of such Multiple Parties shall
be the joint and several responsibility of all persons or entitled named herein as such
Landlord or Tenant.
33. NO INTERPRETATION AGAINST DRAFTER
Each party recognizes that this lease is a legally binding agreement and acknowledges
that it has had the opportunity to consult with legal counsel. In any construction of the
terms of this lease, the same shall not be construed against either party on the basis of
that party being the drafter of such terms.
LANDLORD AND TENANT HAVE CAREFULLY READ AND REVIEWED THIS LEASE
AND EACH TERM AND PROVISION CONTAINED HEREIN, AND BY THE
14
EXECUTION OF THE LEASE SHOW THEIR INFORMED AND VOLUNTARY
CONSENT THERETO.
The parties hereto have executed this Lease at the place on the dates specified above
to their respective signatures.
City of Dubuque Burlington Stage Lines, LTD
d/b/a The Jule d/b/a Burlington Trailways
Date: g /9 //..6
15
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: August 7, 2015, and for which the charge is $51.95.
Subscribed to before me, a Notary Public in and for Dubuque County, Iowa,
this day of /' , 20/- .
MARY K. WESTERMEYER
Commission Number 154885
My Comm. Exp, FEB. 1, 2017
CITY, OF DUBUQUE .!,
OFFICIAL NOTICEI
NOTICE OF ,PUBLIC
HEARING , OF THE
CITY .> COUNCIL OF
THE CITY OF DUBU-
QUE, IOWA, ON THE
MATTER OF A 5 -YEAR J
LEASE- AGREEMENT.
WITH BURLINGTON
STAGE. LINES LTD
DISPOSING OF THE
CITY'S INTEREST IN
CERTAIN REAL
ESTATE
PUBLIC NOTICE IS
HEREBY GIVEN that the
City`Council oftheCity
I of Dubuque, Iowa will
hold a public hearing
on the 17th day of
August 2015 at 6:30pm,
in the Historic Federal 1
Building, City Council
Chambers (second
floor), 350 West 6th
Street, Dubuque, Iowa,
at which meeting•, the
I City Council proposes
to take action ap-
proving a 5 -year Lease
Agreement with Bur-
lington Stage Lines
.LTD, and disposing of
the City's interest by
lease'; of the following I
described real estate
(the Property):
354 sq. feet, main floor
Intermodal
Trfnsportation Center
(Located at 950 Elm
Street;.Dubuque; Iowa)
If approved, the Lease
Agreement will take
effect on September 1,
At the meeting, the
City Council;, will
receive ; oral _ and
1 written objections from
any resident or
property,owner.,,gf the
city tolthe -above
action. After all objec-
tions have ` been
received •and ` con-
sidered; the " City
Council may at this
meeting or " at any
adjournment thereof,
take additional action.
for the disposition of
the city's interest in
the Property and the
approval of the Lease
Agreement, or will
abandon the proposal.
By order of the City
Council the hearing
and appeals there from
will be held , in
accordance with and
governed , by the
provisions of Iowa
code Section 403.9.
Any visual "or.hearing-
impaired ' persons need-
ing special assistance
or persons with special
accessibility - needs "I
should contact the City l
Clerk's office at (563)
589-4120 �r TDD at
(563) 690-6678 at least
48 hours prior to the
meeting. , _ .
If you cannot attend
in person, you may
comment on the
proposed Lease Agree-
'ment in writing by
submitting comments 1
to the City Clerk prior
to the time of the
public hearing:
EMAIL: kfirnsta
@cityofdLibuque.org
MAIL: City Clerk; 50
W. 13th' St; Dubuque,
Iowa 52001
Any comments ;sub-
mitted will be
considered"by the City "1
Council and following _j
the public hearing.
This notice is given by
order of the City
Council of the City of
Dubuque, Iowa, as
provided by Iowa Code
Dated this 3rd day of
August, 2015.
Kevin S. Firnstahl, City
Clerk of Dubuque, Iowa
RESOLUTION'-
NO. 264-15
RESOLUTION SET-
TING . A PUBLIC
HEARING ON THE "I
DISPOSITION OF AN
INTEREST : IN PRO-
PERTY -`OWNED : BY
THE ' s' CITY OF
DUBUQUE, IOWA ' BY
LEASE AGREEMENT
TO BURLINGTON
STAGE LINES, LTD
WHEREAS the City of _,
(.Dubuque, Iowa (City) j
owns the real property
described as ' the
Intermodal Transpor-
tation
Center, located
at '950 Elm Street in the
City of Dubuque, Iowa; ;'
and
WHEREAS, City and
Burlington Stage Lines,
LTD have negotiated a
proposed Lease Agree-
ment for space in the
intermodal Transpor-
tation
Center, a copy of
which Lease Agree-
ment is on file at the
office, of the City Clerk,
City Hall, 13th' and
Central Avenue, Dubu-
que, Iowa; and
WHEREAS, the City
Council believes it is in
thebest interests of
the City of Dubuque to
approve the proposed 1
Lease Agreement.
NOW, THEREFORE, BE
IT RESOLVED BY THE
CITY COUNCIL OF THE
-CITY OF DUBUQUE,
IOWA:
Section 1. That the
City of Dubuque sets a
public hearing on the
Lease Agreement With
Burlington State Lines
LTD for the 17th day of
August, ` 2015 at >_6:30
p.m. in the City Council
Chamber, Historic Fed-
eral 'Building, 350 W.
6th Street, Dubuque,
Ibwa.,
Passed, approved and
adopted this 3rd day of
August, 2015.
Roy: D. Buol, Mayor
Attest: Kevin S.
Firnstahl, City Clerk