Loading...
Dubuque Rescue Mission Lease_Community GardenTHE CITY OF DUBUQUE Masterpiece on the Mississippi Dubuque All-American City 2007 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Dubuque Rescue Mission Lease DATE: April 17, 2008 Assistant City Manager Cindy Steinhauser is recommending that the City lease a piece of City-owned property for $1.00 per year to the Dubuque Rescue Mission to create a series of raised vegetable gardens. The property is the former United Rental location just east of the 4th Street Parking Ramp and south of the Canfield Hotel property. The Dubuque Rescue Mission Director Rick Mihm would teach their clients how to grow food the potentially participate as a vendor at Farmer's Market. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Cindy Steinhauser, Assistant City Manager THE CITY OF DUBUQUE Masterpiece on the Mississippi Dubuque All-American City 2007 TO: Michael C. Van Milligen, City Manager FROM: Cindy Steinhauser, Assistant City Manage SUBJECT: Dubuque Rescue Mission Lease DATE: April 16, 2008 Introduction The purpose of this memorandum is to request City Council approval of a lease agreement with the Dubuque Rescue Mission. Discussion I was contacted by Rick Mihm Director of the Dubuque Rescue Mission (DRM) regarding the use of public property for the creation of a community garden. Specifically the DRM is requesting the use of the former United Rental property located on Iowa Street between 3rd and 4th Streets. This area is currently an open green space that is managed by the city of Dubuque Parking Division. On Tuesday, March 18, 2008 I met with Rick Mihm, Paul Schultz, Tim Horsfield and Cori Burbach to discuss this concept. The DRM would like to create a series of raised gardens on this property to teach the residents of the Dubuque Rescue Mission how to grow their own food and potentially participate as a vendor in the Dubuque Farmers Market. In addition, Mr. Mihm would like to use this program as a way to encourage the 200 men women and children that come to their site for meals each day to learn similar skills. I indicated to Mr. Mihm that I believe this fell within our goals of creating a sustainable community and that the city would be open to making this space available for the garden under the following conditions: • There would be a lease agreement that would have a 60-day termination clause; • The city would need to review and approve the garden layout and materials; • No fencing or storage shed could be constructed on site; and • That the DRM met all the city's insurance and permit requirements Attached is a draft of the 7-month lease between the City of Dubuque and the Dubuque Rescue Mission for the use of public right of way for a community garden. Included in the document is language that would allow this lease to be renewed annually for up to 3 years by the City Manager. This lease has been reviewed by the city's Legal Department and by the Dubuque Rescue Mission. Action The requested action is for City Council to approve attached lease agreement fora 7- month for the rental of city of Dubuque property to the Dubuque Rescue Mission Community Garden project. Cc: Rick Mihm, Dubuque Rescue Mission Tim Horsfield, Parking System Supervisor LEASE AGREEMENT BETWEEN THE CITY OF DUBUQUE AND THE DUBUQUE RESCUE MISSION This Lease Agreement (the "Lease") dated for reference purposes the 21st day of April, 2008, is made and entered ino by and between the City of Dubuque, Iowa, a municipal corporation (Lessor) and the Dubuque Rescue Mission (Lessee). ARTICLE I DEMISE AND TERM 1.1. In consideration of the rents hereinafter reserved and the terms, covenants, conditions and agreements set forth in this Lease, Lessor hereby leases to Lessee the real property described in Exhibit A attached to and made a part of this Lease, together with any and all easements and appurtenances thereto and subject to any easements are restrictions of record (the "Demised Premises"), to have and to hold for a term commencing on the 22nd day of April, 2008 and terminating at 11:59 p.m. on the 15th day of November 2008 subject to all of the terms, covenants, conditions and agreements contained herein. 1.2. Lessee's use of the Demised Premises shall be exclusively for the operation of a community garden. 1.3. Lessor makes no representations or warranties of any kind as to the condition, including the environmental condition, of the Demised Premises and Lessee accepts the Demised Premises as is. ARTICLE II RENT 2.1. Lessee shall pay Lessor the rent for the Demised Premises of $1 annually, at City Hall, c/o Finance Director. Lessee shall also pay the costs for all utilities serving the Demised Premises. ARTICLE III IMPROVEMENTS 3.1. On delivery of possession of the Demised Premises to Lessee, Lessee shall be entitled to construct on the Demised Premises all improvements as agreed upon in writing by Lessor and Lessee (the "Improvements"). Lessor, through its City Manager, shall have the right to approve the design, appearance and quality of any such Improvements. All improvements presently on the Demised Premises and all Improvements hereafter constructed on the Demised Premises are and shall be the property of Lessee during the term of this Lease and upon any termination of this Lease, by reason of any cause whatsoever, Lessee shall remove all such Improvements and restore the Demised Premises to the condition it was in immediately prior to the commencement of the term of this Lease and to the full satisfaction of Lessor. ARTICLE IV ENCUMBRANCE OF LESSEE'S LEASEHOLD INTEREST 4.1. Lessee shall not encumber by mortgage, deed of trust, or other instrument, its leasehold interest and estate in the Demised Premises, or any Improvements placed by Lessee on the Demised Premises, as security for any indebtedness of Lessee. ARTICLE V REPAIRS AND MAINTENANCE 5.1. Lessee shall at all times during the term of this Lease, at Lessee's own costs and expense, keep the Demised Premises and the Improvements thereon, in superior order, condition, and repair, casualties and ordinary wear and tear excepted. Lessee shall keep the Demised Premises in such condition as may be required by law and by the terms of the insurance policies furnished pursuant to this Lease, whether or not such repair shall be interior or exterior, and whether or not such repair shall be of a structural nature. Upon reasonable notice to Lessee, Lessor may, at its discretion, conduct an inspection of the Demised Premises to determine Lessee's compliance with this Article VI. 5.2. Lessee shall be responsible for daily trash removal from the Demised Premises. 5.3. There shall be no outdoor storage of equipment, vehicles, construction materials or any other personal property on the Demised Premises. ARTICLE VI COMPLIANCE WITH LAW 6.1. During the term of this Lease, Lessee shall comply with all laws applicable to Lessee's use of the Demised Premises. ARTICLE VII USE OF DEMISED PREMISES 7.1. Lessee shall not use or allow the Demised Premises or any buildings or Improvements thereon or any appurtenances thereto, to be used or occupied for any unlawful purpose or in violation of any certificate of occupancy. Lessee shall not suffer any act to be done or any condition to exist within the Demised Premises or in any Improvement thereon, or permit any article to be brought therein, which may be dangerous, unless safeguarded as required by law, or which may, in law, constitute a nuisance, public or private, or which may make void or voidable any insurance in force with respect thereto. 7.2. Dubuque Rescue Mission shall use and maintain the premises only for a community garden. ARTICLE VIII INSURANCE 8.1. Lessee shall at all times during the term of this Lease maintain insurance as set forth in the attached Insurance Schedule. ARTICLE IX INDEMNIFICATION 9.1. Indemnification of Lessor. Lessee shall defend, indemnify, and save harmless Lessor from and against all liabilities, obligations, claims, damages, penalties, causes of action, costs and expenses (including without limitation, reasonable attorneys' fees and expenses) imposed upon or incurred by or asserted against Lessor by reason of (a) any accident, injury to, or death of persons or loss of or damage to property occurring on or about the Demised Premises during the term of this Lease and resulting from any act or omission of Lessee or anyone claiming by, through, or under Lessee during the term of the Lease; and (b) any failure on the part of Lessee to perform or comply with any of the terms of this Lease. In case any action, suit, or proceeding is brought against Lessor by reason of such occurrence, Lessee shall, at Lessee's expense, resist and defend such action, suit, or proceeding, or cause the same to be resisted and defended by counsel approved by Lessor. ARTICLE X CONDEMNATION 10.1. If at any time during the term of this Lease all or substantially all of the Demised Premises or the improvements thereon shall be taken in the exercise of the power of eminent domain by the State of Iowa or the United States, then this Lease shall terminate on the date of vesting of title in such taking and any prepaid rent shall be apportioned as of said date. ARTICLE XI ASSIGNMENT AND SUBLETTING 11.1. Lessee shall not assign or transfer this Lease or sublease the whole or any part of the Demised Premises. ARTICLE XII DEFAULT 12.1. If Lessee shall fail or neglect to observe, keep, or perform any of the covenants, terms, or conditions contained in this Lease on its part to be observed, kept, or perforated, and the default shall continue for a period of five(5) days after written notice from Lessor setting forth the nature of Lessee's default, then and in any such event, Lessor shall have the right at its option, on written notice to Lessee, to terminate this Lease, and all rights of Lessee under this Lease shall then cease. Lessor, without further notice to Lessee, shall have the right immediately to enter and take possession of the Demised Premises with or without process of law and to remove all personal property from the Demised Premises and all persons occupying the Demised Premises and to use all necessary force therefore and in all respects to take the actual, full, and exclusive possession of the Demised Premises and every part of the Demised Premises as of Lessor's original estate, without incurring any liability to Lessee or to any persons occupying or using the Demised Premises for any damage caused or sustained by reason of such entry on the Demised Premises or the removal of persons or property from the Demised Premises. ARTICLE XIII QUIET ENJOYMENT 13.1. Lessor covenants that at all times during the term of this Lease, so long as Lessee is not in default hereunder, Lessee's quiet enjoyment of the Demised Premises or any part thereof shall not be disturbed by any act of Lessor, or of anyone acting by, through, or under Lessor. ARTICLE XIV WAIVER 14.1. No waiver by Lessor of any breach by Lessee of any term, covenant, condition, or agreement herein and no failure by Lessor to exercise any right or remedy in respect of any breach hereunder, shall constitute a waiver or relinquishment for the future of any such term, covenant, condition, or agreement or of any subsequent breach of any such term, covenant, condition, or agreement, nor bar any right or remedy of Lessor in respect of any such subsequent breach, nor shall the receipt of any rent, or any portion thereof, by Lessor, operate as a waiver of the rights of Lessor to enforce the payment of any other rent then or thereafter in default, or to terminate this Lease, or to recover the Demised Premises, or to invoke any other appropriate remedy which Lessor may select as herein or by law provided. ARTICLE XV SURRENDER 15.1. Lessee shall, on the last day of the term of this Lease or upon 60 day notice by the Lessor to termination of this Lease hereof, surrender and deliver up the Demised Premises, into the possession and use of Lessor, without fraud or delay and in good order, condition, repair, free and clear of all lettings and occupancies, free and clear of all liens and encumbrances ARTICLE XVI NOTICES 16.1. All notices, demands, or other writings in this Lease provided to be given or made or sent, or that may be given or made or sent, by either party to the other, shall be deemed to have been fully given or made or sent when made in writing and deposited in the United States mail, registered and postage prepaid, and addressed as follows: TO LESSOR: City of Dubuque, Iowa C/o City Manager City Hall 50 W. 13t" St. Dubuque, IA 52001 TO LESSEE: Rick Mihm, Executive Director Dubuque Rescue Mission 398 Main St. Dubuque, IA 52001 The address to which any notice, demand, or other writing may be given or made or sent to any party as above provided may be changed by written notice given by the party as above provided. ARTICLE XVII MISCELLANEOUS 17.1. Time of the Essence. Time is of the essence of this Lease and all of its provisions. 17.2. Governing Law. It is agreed that this Lease shall be governed by, construed, and enforced in accordance with the laws of the State of Iowa. 17.3. Paragraph Headings. The titles to the paragraphs of this Lease are solely for the convenience of the parties and shall not be used to explain, modify, simplify, or aid in the interpretation of the provisions of this Lease. 17.4. Modification of Agreement. Any modification of this Lease or additional obligation assumed by either party in connection with this Lease shall be binding only if evidenced in writing signed by each party or an authorized representative of each party. 17.5 Parties Bound. This Lease shall be binding on and shall inure to the benefit of and shall apply to the respective successors and assigns of Lessor and Lessee. All references in this Lease to "Lessor" or "Lessee" shall be deemed to refer to and include successors and assigns of Lessor or Lessee without specific mention of such successors or assigns. LESSOR: CITY OF DUBUQUE, IOWA Attest: Cindy Steinhauser By: Michael C. Van Milligen, City Manager LESSEE: DUBUQUE RESCUE MISSION Attest: Jessica Kurt By: Rick Mihm, Executive Director MISCELLANEOUS 17.1. Time of the Essence. Time is of the essence of this Lease and all of its provisions. 17.2. Governing Law. It is agreed that this Lease shall be governed by, construed, and enforced in accordance with the laws of the State of Iowa. 17.3. Paragraph Headings. The titles to the paragraphs of this Lease are solely for the convenience of the parties and shall not be used to explain, modify, simplify, or aid in the interpretation of the provisions of this Lease. 17.4. Modification of Agreement. Any modification of this Lease or additional obligation assumed by either party in connection with this Lease shall be binding only if evidenced in writing signed by each party or an authorized representative of each party. 17.5 Parties Bound. This Lease shall be binding on and shall inure to the benefit of and shall apply to the respective successors and assigns of Lessor and Lessee. All references in this Lease to "Lessor" or "Lessee" shall be deemed to refer to and include successors and assigns of Lessor or Lessee without specific mention of such successors or assigns. LESSOR: CITY OF DUBUQUE, IOWA Attest: By: Michael C. Van Milligen, City Manager LESSEE: DUBUQUE RESCUE MISSION Attest: By: Rick Mihm, Executive Director THE CITY OF DUBUQUE Masterpiece on the Mississippi Dubuque All-American City 2007 THE CITY OF DUBUQUE Masterpiece on the Mississippi Dubuque All-American City 2007 THE CITY OF DUBUQUE Masterpiece on the Mississippi Put together by: Alicia Sprank