Historical Society Lease 301 IowaMEMORANDUM
October 16, 2002
TO:The Honorable Mayor and City Council Members
FROM:Michael C. Van Milligen, City Manager
SUBJECT:Dubuque County Historical Society Lease of Rental Building
Administrative Services Manager Pauline Joyce is recommending City Council approval
of a lease agreement with the Dubuque County Historical Society for the old United
Rentals Building at 301 Iowa Street for use in storage of equipment and animals arriving
daily for the new National Mississippi River Museum and Aquarium.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
____________________
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barn/Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Pauline Joyce, Administrative Services Manager
CITY OF DUBUQUE, IOWA
MEMORANDUM
October 16, 2002
TO:Michael C. Van Milligen, City Manager
FROM:Pauline Joyce, Administrative Services Manager
SUBJECT:Dubuque County Historical Society Lease of Rental Building
The purpose of this memorandum is to forward a proposed lease agreement with the
Dubuque County Historical Society for the old United Rentals Building at 301 Iowa
Street. The term of the lease is from October 20, 2002 through June 30, 2003 for
$1.00. The property will be used for storage of equipment and animals arriving daily for
the new National Mississippi River Museum and Aquarium. The front office space will
not be leased to them as the Park Division will be using this for storage of the tables
and chairs from Town Clock Plaza.
The requested action is to forward this to City Council for their approval.
PJ/ksf
Attachment
AGREEMENT
THIS LEASE AGREEMENT (the "Lease") made as of the______day of October,
2002, between the CITY OF DUBUQUE, IOWA, a municipal corporation (Lessor) and
DUBUQUE COUNTY HISTORICAL SOCIETY, and Iowa nonprofit corporation (Lessee).
ARTICLE I
DEMISE AND TERM
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 date of the execution of this
Agreement and terminating at 11:59 p.m. on June 30, 2003, subject to all of the terms, covenants,
conditions and agreements contained herein.
ARTICLE H
RENT
2. Lessee shall pay Lessor (in addition to taxes, assessments, and other charges required
to be paid under this Lease by Lessee) rent for the Demised Premises of One Dollar per year.
ARTICLE HI
TITLE TO IMPROVEMENTS AND TRADE FIXTURES
3.1 Trade Fixtures. For the purposes of this Lease, "Trade Fixtures" shall mean all
of Lessee's personal property located on the Demised Premises used in Lessee's business. Title
to Lessee's trade fixtures (the ''Trade Fixtures") are and shall be the sole and exclusive property
of Lessee during the term of this Lease and shall remain the sole and exclusive property of
Lessee after the expiration or termination of this Lease, for whatever reason. Lessor acknowl-
edges and understands that it shall have no right, title, or interest in or to Lessee's Trade Fixtures
either during the term of this Lease, or thereafter (except as hereinafter provided). Lessor
acknowledges and agrees that Lessee shall have the right to encumber, sell, or hypothecate
Lessee's Trade Fixtures, to remove them from the Demised Premises, or to otherwise deal with
all or any portion of such Lessee's Trade Fixtures, at Lessee's sole discretion. Provided, further,
that upon ten (10) days' prior written notice to Lessor, Lessor shall prepare and deliver to Lessee
a certificate in recordable form stating that Lessor has no interest or right in or to Lessee's Trade
Fixtures, as well as any other or further docment which Lessee may reasonably request fi:om
Lessor.
3.2 Improvements. On delivery of possession of the Demised Premises to Lessee,
Lessee shall be entitled to construct on the Demised Premises all structures, buildings or other
improvements as agreed upon by the Lessor and Lessee (the "Improvements"). Lessor shall have
the right, in its reasonable discretion, to approve the design, appearance and quality of any such
Improvements, which approval shall not be unreasonably withheld or delayed. It shall be
unreasonable for Lessor to withhold such consent if such design, appearance and quality are
general/y compatible with other such buildings in the area. Lessor agrees to provide all permits,
variances and approvals reasonably required to develop and construct the proposed meeting and
entertainment center on the Demised Premises, as set forth in Article I of the Lease. All
improvements presently on the Demised Premises and all Improvements hereafter constructed on
the Demised Premises are and slmll be the property of Lessee during the continuance of the term
of this Lease and no longer. Upon any termination of this Lease, by reason of any cause
whatsoever, if the Improvements or any part thereof shall then be on the Demised Premises, ali of
Lessee's right, title, and interest therein shall cease and tenuinate, and title to the Improvements
shall vest in Lessor, and the Improvements or the part thereof then within the Demised Premises
shall be surrendered by Lessee to Lessor. No further deed or other instrument shall be necessary
to confirm the vesting in Lessor of title to the Improvements. However, upon any termination of
this Lease, Lessee, upon request of Lessor, shall execute, acknowledge, and deliver to Lessor a
deed confi:rmlng that all of Lessee's right, title, and interest in or to the Improvements has
expired, and that title to the Improvements has vested in Lessor.
ARTICLE IV
ENCUMBRANCE OF LESSEE'S LEASEHOLD INTEREST
4.1 Lessee's right to encumber ,leasehold interest. Lessee may encumber by
mortgage, deed of trust, or other proper investment, its leasehold interest and estate in the
Demised Premises, together with all Improvements placed by Lessee on the Demised Premises,
as security for any indebtedness of Lessee. The execution of any mortgage, deed of trust or other
instrument, or the foreclosure of any mortgage, or deed of trust or other instnmaent, or any sale,
either by judicial proceedings or by virtue of any power reserved in a mortgage or deed of trust,
or conveyance by Lessee to the holder of the indebtedness, or the exercise of any right, power or
privilege reserved in any mortgage or deed of trust, shall not be held as a violation of any of the
terms or conditions of this lease agreement or as an assumption by the holder of the indebtedness
personally of the obligations of this lease agreement.
4.2 Notice to holder of encUmbrance; right of holder to cure Lessee's default. If
Lessee shall encumber its leasehold interest and estate in the Demised Premises and if Lessee, or
the holder of the indebtedness, its successors and/or assigns (the "Holder") secured by the
encumbrance shall give notice to Lessor of the existence of the encumbrance and the address of
the Holder, then Lessor will mail or deliver to the Holder, at such address, a duplicate copy of all
notices in writing which Lessor may, fi:om time to time, give or serve on Lessee under and
pursuant to the terms and provisions of this Lease. The copies shall be mailed or delivered to the
Holder at, or near as possible to, the same time the notices are given to or served on Lessee. The
Holder may, at its option, at any time before the rights of Lessee shall be terminated as provided
in this Lease, pay any of the rents due under this Lease or pay any taxes and assessments, or do
any other act or thing required of Lessee by the terms of this Lease, or do any act or thing that
may be necessary and proper to be done in the observance of the covenants and conditions of this
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Lease or to prevent the termination of this Lease, provided, however, that the doing of any act or
thing requiring possession of the Demised Premises shall be subject to the further rights of
Holder as set forth in Section 15.2. All payments so made and all things so done and performed
by the Holder shall be effective to prevent a foreclosure of the rights of Lessee thereunder as the
same would have been if done and performed by Lessee.
ARTICLE V
TAXES
5.1 Lessee agrees to pay as additional rent an amount equal to real estate taxes upon the
real estate of the Demised Premises that become payable during the term hereof. Lessee shall
further provide to Lessor official receipts of the appropriate taxing authority or other evidence
satisfactory to Lessor evidencing payment thereof.
5.2 The Lessee farther agrees to pay all other taxes, rates, charges, levies and assessments,
general and special, of every name, nature and kind, whether now known to the law or hereafter
created which may be taxed, charged, assessed, levied or imposed upon said real estate, any
buildings or improvements thereon which may be taxed, charged, assessed, levied or imposed
upon the leasehold estate hereby created and upon the reversionary estate in said real estate
during the term hereof, and all such other taxes, rates, charges, levies and assessments shall be
paid by Lessee as they become due and before they become delinquent.
5.3 Lessee agrees to timely pay all taxes, assessments or other public charges levied or
assessed by lawful authority (but reasonably preserving Lessee's rights of appeal) against its
personal property on the premises, during the term of this Lease.
5,4 Nothing herein shall require Lessee to pay any of Lessor's income taxes, surtaxes,
excess profit taxes or any taxes on the rents reserved to Lessor hereunder.
5.5 Lessee shall at all times have the right to contest in good faith, in any proper
proceedings, in the name of Lessor if necessary, the payment or satisfaction of any such taxes,
assessments, rates, charges or levies so agreed to be paid by Lessee, if the validity thereof, or the
right to assess or levy the same against or collect the same from said Demised Premises or
improvements, shall be disputed. Upon the conclusion of any such suit or proceedings, or not
less than three (3) months prior to the date when the right to redeem therefrom expires,
whichever will be the earlier, Lessee will promptly pay and satisfy such disputed tax, assessment
or other charge as finally determined, together with all expenses, costs and attorneys' fees
whatsoever incurred in connection therewith.
ARTICLE VI
REPAIRS
6. Lessee shall at all times during the term of this Lease, at Lessce's own costs and
expense, keep the Demised Premises and the Improvements thereon, and all sidewalks, curbs,
and all appurtenances to the Demised Premises, in good order, condition, and repair, casualties
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and ordinary wear and tear excepted. Lessee shall keep and maintain the Demised Premises and
all improvements in superior condition, consistent with other similarly classed operations.
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 annual inspection of the
Demised Premises to determine Lessee's compliance with this Article VI.
ARTICLE VII
COMPLIANCE WITH LAW
7.1. During the term of this Lease, Lessee shall comply with all applicable laws
applicable to Lessee's use of the Demised Premises, the breach of which might result in any
penalty on Lessor or forfeiture of Lessor's title to the Demised Premises.
7.2. Lessee shall not commit waste on the Demised Premises except as necessary for
the removal or construction of any buildings and Improvements on the Demised Premises, but
shall not be liable for any damages to or destruction of any buildings or improvements on the
Demised Premises, nor be required to repair or rebuild the buildings or Improvements.
ARTICLE VIH
ALTERATIONS
8. Lessee shall have the right, at Lessee's expense, from time to time during the term of
this Lease to make such alteration, addition, or modification to the Demised Premises or the
improvements thereon as shall be agreed upon it writing by Lessor and Lessee.
ARTICLE IX
USE OF DEMISED PREMISES
9. Lessee will 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 will 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 fome with respect thereto.
ARTICLE X
INSURANCE
10,1 Lessee will at all times during the term of this Lease maintain insurance on the
Demised Premises as set forth herein:
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A. Insurance against loss or damage by fire and other risks and perils from
time to time included under standard extended coverage endorsements in an amount equal to not
less than ninety percent (90%) of the replacement value of the Demised Premises and the
Improvements, (exclusive of the costs of excavation, foundations, and footings below the lowest
floor).
B. Public liability insurance as set forth in the attached Insurance Schedule.
10.2 Such insurance shall be written by companies legally qualified to issue such
insurance in the State of Iowa and such insurance shall name as the insured parties thereunder,
Lessor, or its assigns, and Lessee, as their interests may appear. Lessor shall not be required to
prosecute any claim against any insurer or to contest any settlement proposed by any insurer,
provided that Lessee may, at its cost and expense, prosecute any such claim or contest any such
settlement, and in such event Lessee may bring any such prosecution or contest in the name of
Lessor, Lessee, or both, and Lessor shall cooperate with Lessee and will join therein at Lessee's
written request upon receipt by Lessor of an indemnity from Lessee against all costs, liabilities,
and expenses in connection with such cooperation, prosecution, or contest.
10.3 Lessee shall deliver to Lessor promptly after the execution and delivery of this
Lease the original or duplicate policies or certificates of insurers satisfactory to Lessor
evidencing all the insurance which is then required to be maintained by Lessee hereunder, and
Lessee shall, within 30 days prior to the expiration of any such insurance, deliver other original
or duplicate policies or other certificates of the insurers evidencing the renewal of such
insurance. Should Lessee fail to effect, maintain, or renew any insurance provided for herein, or
to pay the premium therefor, or to deliver to Lessor any of such policies or certificates, Lessor, at
its option, but without obligation so to do, may procure such insurance, and any sums expended
by it to procure such insurance shall be additional rent hereunder and shall be repaid by Lessee
within 30 days following the date on which demand therefor shall be made by Lessor. Such
insurance policy(ies) shall contain a provision that such policy(ies) shall not be canceled or
reduced in scope without thirty (30) days prior written notice to Lessor.
10.4 Each party shall look first to any insurance in its favor before making any claim
against the other party for recovery for loss or damage resulting from fire or other casualty, and
to the extent that such insurance is in force and collectible and to the extent permitted by law,
Lessor and Lessee each hereby releases and waives all right of recovery against the other or
anyone claiming through or under each of them by way of subrogation or otherwise. The
foregoing release and waiver shall be in force only if both releasors' insurance policies contain a
clause providing that such a release or waiver shall not invalidate the insurance, and also
provided that such policies can be obtained without additional premiums. Lessee acknowledges
that Lessor will not carry insurance on Lessee's furniture and/or furnishings or any trade fixtures
or equipment, improvements, or appurtenances removable by Lessee or Lessee's leasehold
improvements and agrees that Lessor will not be obligated to repair any damage thereto or
replace the same.
ARTICLE XI
LESSOR'S WARRANTIES AND REPRESENTATIONS
11.1 Lessor's Representation Of Good Title. Lessor covenants and warrants that its
is lawfully seized in fee simple of the Demised Premises, and that it has full right and authority to
enter into this Lease for the full term hereof, and covenants and agrees that upon paying the rent
provided for herein, and upon LesseeTs performing thc covenants and agreements of this Lease
required to be performed by said Lessee, that it wilt have, hold and enjoy quiet possession of the
Demised Premises. Lessor warrants to Lessee that the Demised Premises are properly zoned for
the conduct of the operation of LesseeTs business.
11.2 Lessor covenants and agrees that Lessee shall have no responsibility for or liability
arising from any Hazardous Substance which was in, on or about the Demised Premises prior to
the commencement date of this Lease (''Prior Hazardous Substances") or which leach or migrate
upon the Demised Premises from any property owned by Lessor or their affiliates ("Lessor
Hazardous Substances").
For the purposes of this Lease, "Hazardous Substance" or "Hazardous Substances" means
any hazardous or toxic substance, material or waste which is or becomes regulated by any local
government, the State of Iowa or the United States Government. It includes, without limitation,
any material or substance that is (i) defined as a "hazardous substance" or "hazardous waste"
under Chapter 455B, Iowa Code, (ii) petroleum and petroleum products, (iii) asbestos; (iv)
designated as a "hazardous substance" pursuant to Section 311 of the Federal Water Pollution
Control Act (33 U.S.C. §1321), (v) defined as a ''hazardous waste pursuant to §1004 of the
Federal Resource Conservation and Recovery Act, 42 U.S.C. §6901 et seq., (vi) defined as a
"hazardous substance" pursuant to §101 of the Comprehensive Environmental Response,
Compensation and Liability Act, U.S.C. §9601 et seq., or (vii) defined as a "regulated substance"
pursuant to Subchapter IX, Solid Waste Disposal Act (Regulation of Underground Storage
Tanks), 42 U.S.C. §6991 et seq.
ARTICLE XII
INDEMNIFICATION
12.1 Indenmification of Lessor. Lessee will protect, 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 fi'om 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 will, at Lessee's
expense, resist and defend such action, suit, or proceexling, or cause the same to be resisted and
defended by counsel approved by Lessor.
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ARTICLE XiII
CONDEMNATION
13.1 Entire Condemnation. 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 any sovereign, mtmicipality, or other public or
private authority, 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. Substantially all of the Demised Premises
and the improvements thereon shall be deemed to have been taken if the remaining portion of the
Demised Premises shall not be of sufficient size to permit Lessee to operate its business thereon
in a manner similar to that prior to such taking.
13.2 Allocation of Award. Any award for such taking of all or substantially all of the
Demised Premises shall be paid to the parties hereto in accordance with the following:
A. To Lessor, the mount of the award attributable to the Demised Premises,
determ'med as if this Lease was not in effect at the time of such award, excluding therefrom the
amount of the award attributable to the improvements, and all other sums not dkectly attributable
to the value of the Land constituting the Demised Premises.
B. To Lessee, the entire award except that portion allocated to Lessor above,
including but not limited to, the value of the improvements plus any other amotmt assessed for
Lessee.
13.3 Partial Condemnation. If less than 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 any sovereign, municipality, or other public or private authority, then Lessee, at its
option, may elect to continue this Lease in full force and effect or terminate this Lease. If Lessee
shall elect to maintain this Lease in full force and effect, the enth'e award for such partial
condemnation shall be paid over to Lessee, and Lessee shall proceed with reasonable diligence to
carry out any necessary repair and restoration so that the remaining improvements and
appurtenances shall constitute a complete structural unit or units which can be operated on an
economically feasible basis under the provisions of this Lease. In the event Lessee elects to
continue this Lease in full force and effect after a partial condemnation, there shall be no
abatement in the Basic Rent Lessee is required to pay hereunder.
Should Lessee elect to terminate this Lease upon a partial condemnation, Lessee shall
provide Lessor with written notice of such election within thirty (30) days after the date of
vesting of title for such talcing. Lessee shall specify in such written notice the date on which tiffs
Lease shall terminate, which date shall be not less than 60 days nor more than 360 days after
delivery of such notice to Lessor (the Termination Date). In the event Lessee term'mates this
Lease, as provided for in this Article 13.3, Lessee shall be entitled to the entire award for such
partial taking.
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13.4 ~. If the temporary use of the whole or any part of the
Demised Premises or the Improvements thereon or the appurtenances thereto shall be taken at
any time during the term of this Lease in the exercise of the power of eminent domain by any
sovereign, manicipality, or other authority, the term of this Lease shall not be reduced or affected
in any way, and Lessee shall continue to pay in full the rent, additional rent, and other sum or
sums of money and charges herein reserved and provided to be paid by Lessee, and the entire
award for such temporary taking shall be paid to Lessee. Lessee shall repair and restore any and
all damage to the Demised Premises and the improvements as soon as reasonably practicable
after such temporary taking.
13.5 Effect of Taking. If any taking renders the construction of the meeting and
entertainment center or hotel impossible, any financial penalties set forth in Section 1.3
(regarding the meeting and entertainment center) or Section 24.5 (regarding the hotel) shall not
be applicablea979X.
ARTICLE XIV
ASSIGNMENT AND SUBLETTING
14.1 Lessee shall have the full right to assign or transfer this Lease or to sublease the
whole or any part of the Demised Premises provided that Lessee shall give written notice of such
assignment or sublease to Lessor prior to the assignment or sublease.
ARTICLE XV
DEFAULT
15,1. Lessor's Rights in the Event of Lessee's Default. 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 performed, and the default shall continue for a period of th/xty
(30) days after written notice from Lessor setting forth the nature of Lessee's default (it being
intended that in connection with a default not susceptible of being cured with diligence wiftdn thirty
(30) days, the lime within which Lessee has to cure the same shall be extended for such period as
may be necessary to complete the same with all due diligence), then and in any such event, Lessor
shall have the right at its option, on written notice to Lessee, to temainate 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 therefor 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.
15.2. Rights of Holder of Encumbrance in Event Lessee Defaults. If Lessee fails or
neglects to observe, keep, or perform any of the covenants, terms, or conditions contained in this
8
Lease on its part to be observed, kept, or performed, the Holder of any indebtedness secured by
an encumbrance on the leasehold estate under this Lease shall have thirty (30) days after receipt
of written notice from Lessor setting forth the nature of Lessee's default and a reasonable time
thereafter if it shall have commenced foreclosure or other appropriate proceedings in the nature
thereof within such thirty (30) days and is diligently prosecuting such proceedings, within which
to endeavor to make good or remove the default or cause for termination of the Lease. All right
of Lessor to terminate this Lease on the failure or neglect of Lessee to observe, keep, and perform
the covenants, terms, and conditions of this Lease, is, and shall continue to be, at all times prior
to payment in full of the indebtedness to the Holder of Lessee, subject to, and conditioned on,
Lessor's having first given the Holder writtert notice thereof and the Holder having failed to cause
the default or cause for termination to be made good or removed within thirty (30) days after
receiving written notice of default or cause for termination or within a reasonable time thereafter
if it shall have commenced foreclosure or other appropriate proceedings in the nature of
foreclosure within such thirty (30) days and is diligently prosecuting such proceedings. In the
event that the Lease is terminated due to the Lessee's bankruptcy, insolvency or other
proceedings, and in the event the Holder has complied with the terms of this Section 15.2, then
Lessor at Holdegs option, shall enter into a new lease with Holder or the successful bidder at
foreclosure on the same terms as this Lease, for the term then remaining, and specifically
preserving all unexercised options.
ARTICLE XVI
RIGHT TO CURE OTHER'S DEFAULTS
16. Whenever and as often as a party shall fall or neglect to comply with and perform any
term, covenant, condition, or agreement to be complied with or performed by such party
hereunder, then, upon thirty (30) days' prior written notice to such defaulting party, the other
party, at such other party's option, in addition to all other remedies available to such other party,
may perform, or cause to be performed, such work, labor, services, acts, or things, and take such
other steps, including entry onto the Demised Premises and the Improvements thereon, as such
other party may deem advisable, to comply with and perform any such term, covenant, condition,
or agreement which is in default, in which event such defaulting party shall reimburse such other
party upon demand, and from time to time, for all costs and expenses suffered or incurred by
such other party in so complying with or performing such term, covenant, condition, or agree-
ment. The commencement of any work or the taking of any other steps or performance of any
other act by such other party pursuant to the immediately preceding sentence shall not be deemed
to obligate such other party to complete the curing of any term, covenant, condition, or
agreement which is in default.
ARTICLE XVII
QUIET ENJOYMENT
17. 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.
9
22.7 Force Majeure. In the event that either party hereto shall be delayed or hindered
in or prevented from the performance of any act required hereunder by reason of strikes,
lockouts, labor troubles, unavailability or excessive price of fuel, power failure, riots,
insurrection, war, terrorist activities, chemical explosions, hazardous conditions, fire, weather or
acts of God, or by reason of any other cause beyond the exclusive and reasonable control of the
party delayed in performing work or doing acts required under the terms of this Lease, then
performance of such act shall be excused for the period of the delay and the period for the
performance of any such act shall be extended for a period equivalent to the period of such delay.
IN WITNESS WI~REOF, the parties hereto have caused this Lease to be executed as of the
day and year fixst above written.
LESSOR:
[SEAL]
Jeanne F. Schneider, City Clerk
CITY OF DUBUQUE, IOWA
By: Terrance M. Duggan, Mayor
!
LESSEE:
DUBUQUE COUNTY HISTORICAL SOCIETY
By: Jerry Enzler, Executive Director
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Attest:
Karen Chesterman
EXHIBIT "A"
LEGAL DESCRIPTION OF DEMISED PREMISES
The West 68 feet 3 inches-North 11 feet 4 inches of Lot 1, the South 39.5 feet of Lot 1, and
Lot 2, of City Lot 524, the balance of Lots 1 and 2 of City Lot 525 and the western balance
of City Lots 526 and 527, aH in the City of Dubuque, Iowa
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INSURANCE SCHEDULE A
INSURANCE REQUIREMENTS FOR TENANTS AND LESSEES OF CITY PROPERTY
OR VENDORS (SUPPLIERS, SERVICE PROVIDERS) TO THE CITY OF DUBUQUE
All policies of insurance required hereunder shall be with an insurer authorized to
do business in Iowa. All insurers shall have a rating of A or better in the current
A.M. Best Rating Guide.
All policies of insurance required hereunder shall be endorsed to provide a thirty
(30) day advanced notice to the City of Dubuque of any cancellation of the policy
pdor to its expiration date, This endorsement supersedes the standard
cancellation statement on the Certificate of Insurance.
shall furnish Certificates of Insurance to the City of
Dubuque, Iowa for the coverage required in Paragraph 7. Such certificates shall
include copies of the endorsements set forth in Paragraphs 2 and 5 to evidence
inclusion in the policy.
Each Certificate of Insurance shall be submitted to the contracting department of
the City of Dubuque, iowa prior to commencement of work/service. (The
contracting department shall submit the certificates to the Finance Director.)
All policies of insurance required in Paragraph 7 shall include the City of
Dubuque, Iowa under the attached Additional Insured Endorsement (CG2026)
and the attached Governmental Immunities Endorsement,
Failure to provide minimum coverage shall not be deemed a waiver of these
requirements by the City of Dubuque. Failure to obtain or maintain the insurance
required herein shall be considered a material breach of this agreement,
shall be required to carry the following
minimum insurance coverages or greater if required by law or other legal
agreement:
COMMERCIAL GENERAL LIABILITY:
General Aggregate Limit $ 2,000,000
Products-Completed Operation Aggregate Limit $1,000,000
Personal and Advertising Injury Limit $1,000,000
Each Occurrence Limit $1,000,000
Fire Damage Limit (any one occurrence) $ 50,000
Medical Payments $ 5,000
Commercial general liability shall be written on an occurrence form, not a claims
made form. Coverage to include premises-operation-products-completed
operations, independent contractors coverage, contractual liability, broad form
property damage, and personal injury.