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J.D. Communications LeasePrepared by David J Heiar 50 W 13th Street Dubuque IA 52001 563 589-4393 ICES®LUTI®N N®. 115-09 RES®LUTI®N APP®VING THE ®ISP®SAL ®F AN INTEREST IN REAL PR®PERTY ®WNE® Y THE CITY ®F ®UBUQUE BY LEASE B TVVEEN THE CITY ®F ®UBUQU, I®WA AN® J® C®IVI(VIUNICATI®NS, INC. WHEREAS, the City of Dubuque, Iowa (City) owns the real property described as the Historic Federal Building, located at 350 West 6t" Street in the City of Dubuque, Iowa; and WHEREAS, City and JD Communications have negotiated a 5 year Lease Agreement, for space in the Historic Federal Building, a copy of which is attached; and WHEREAS, the City Council believes it is in the best interests of the City of Dubuque to approve the Lease Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Lease Agreement between City and JD Communications is hereby approved and the City Manager is authorized to execute said lease on behalf of the City of Dubuque. Passed, approved and adopted this 6t" day of April, 2009. Roy D.~uol, Mrayor Attest; ., Kevin S. Firns~ahl, Assistant City irk F:\UBERS\DHeiar\Federal Building\Disposing of Real Estate by Lease JD Communications.doc CITY OF DUBUQUE, IOWA OFFICIAL NOTICE NOTICE is hereby given that the City Council of Dubuque, Iowa, will con- duct apublic hearing at a meeting to commence at 6:30 p.m., on the 6th day of April, 2009, in the His- toric Federal Building, 350 West 6th Street, to consid- er disposing of interest in real property by lease -~greement between the City of Dubuque and J.D. Communications, Inc., for space located in the His- toric Federal Building, 350 West 6th Street,. (Copy of supporfmg documents are on file in the -City Clerk's Office and may be viewed during working hours). Written comments re- garding said lease agree- ment may be submitted to the City Clerk's Office on or before time of public hearing. At said time and place of public hearing, all interest- ed citizens and parties will be given an opportunity to be heard for or against the vacating and disposal of said property. Any visual or hearing im- paired persons needing special assistance or per- ' sons with special accessi- bility needs should contact the Citv Clerk's Office at (563) 589-412D or TDD (563) 690-6678 at least 48 hours prior to the meeting. Published by order of the City Council given on the 16th day of March, 2009. Jeanne F. Schneider, CMC, Clty Cierk 1t 3/20 { CEI~TI~+'ICL~T®1®1I' I'LT~LICATI1~l I, Suzanne Pike, a Billing Cleric for Woodward Conununications, liic., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: March 20, 2009, and for which the charge is $14.98. Subscribed to before lne, a Notary Public in and for Dubuque County, .Iowa, this o1/.Q-~ day of ~~-, , 20 ~. Notary Public in and for Dubuque County, Iowa. o,-R'3~ Y P~ARY K. WESTER(~EYEF C;umml~cian Number 15885 r ~~- , - ~,_ `°~` --.~.. C r~!1 ~;~iYtliYl Ek[}, ~"tF~l, '~' ~®1 ~~HAR 24 ~!!!~ ~0 C~t~f '.JtL. t . 41 ~~~iu~ T®: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: J.D. Communications, Inc. Lease DATE: March 27, 2009 Economic Development Director Dave Heiar recommends City Council approval of a 5-year lease with J.D. Communications (Julien's Journal) for space in the Historic. Federal Building. 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 David J. Heiar, Economic Development Director 17ubuque THE CITY ~F ~ ~~.. - ~, ~i ~ i Mctsterpieee oar the Mississippi ~' ~' 200 March 26, 2009 TO: Michael C. Van Milligen, City Manger FROM: David J. Heiar, Economic Development Director RE: J.D. Communications, Inc. Lease BACKGROUND As part of the Roshek building renovation, several tenants were forced to relocate on very short notice. Part of an incentive package to encourage voluntary relocation on a fast track was to offer the tenants one year lease free in the Historic Federal Building. Three of the tenants, J.D. Communications (Julien's Journal), Susan Maas, and Dubuque Area Labor Management decided to accept this offer. The other tenants have relocated to other buildings. Short term leases (three years or less) can be authorized by the City Manager; however, Iowa law requires that the city hold a public hearing prior to leasing public property for longer than 3 years. Since J.D. Communications has requested a lease for 5 years, the City Council will need to hold a public hearing prior to acting on this lease. DISCUSSION The major terms of the proposed lease are as follows: 1. The first year is rent free 2. Tenant will lease rooms 233, 233A, and 234 for a total of 835 sq. ft. 3. Tenant will also lease 2 parking spaces in the Bluff Street lot for $74/month (this is not free in the first year). 4. Years 2-5 the monthly lease rate is $835 per month, plus $74 for-parking. 5. Tenant is responsible for interior cleaning 6. City is responsible for utilities 7. Tenant can terminate lease with a 60 day written notice. Further details of the proposed lease are included in the attached lease which has been signed by David Rusk on behalf of J.D. Communications. RECOMMENDATION/ACTION STEP Following the public hearing, I recommend that the City Council approve the proposed lease with J.D. Communications for space in the Historic Federal building. F:\USERS\DHeiar\Federal Building\PH Juliens Journal lease memo to mvm.dOCX LEASE ACREEM NT ETWE N TW CITY OF DU UUE, IOWA AND JD COMMUNICATIONS, INC This Lease Agreement (the Lease), dated for reference purposes the l~tn day of February, 2009, is entered into by and between the City of Dubuque, Iowa (Landlord) whose address for the purpose of this Lease is 50 West 13t" Street, Dubuque, IA, 52001, and JD Communications, Inc. (Tenant) whose address for the purpose of this Lease is P.O. Box 801, Dubuque, IA 52004-0801. SECTION 1. PREMISES AND TERM. The Landlord, in consideration of the rents, agreements and conditions herein contained, leases to the Tenant and Tenant leases from Landlord, according to the terms of this Lease, the following described premises (the Leased Premises) situated in Dubuque County, Iowa: • 835 sq. feet, second floor Federal Building, located at 350 West 6t" Street, Dubuque, IA, 52001, Rooms 233, 233A and 234. • Two reserved parking spaces in the Municipal lot at Fifth and Bluff Streets. with the improvements thereon, and all rights, easements and appurtenances, which, more particularly, includes the space and premises as may be shown on "Exhibit A," if attached, for a term of five (5) years (the Term), commencing at midnight of the day previous to the first day of the Lease Term, which shall be March 1, 2009, and ending at midnight on the last day of the Lease Term, which shall be February 28, 2014, upon the condition that the Tenant pays rent therefore, and otherwise performs as in this Lease provided. SECTION 2. RENTAL. Tenant shall have free rent for the first year of the contract, (March 1, 2009 -February 28, 2010). However, the tenant will be charged $74 for parking during this time frame. Tenant-agrees-to -pay to Landlord as rental for the remaining Term, as follows: $909.00 per month, in advance, the first rent payment becoming due on the 1St day of March, 2010, and the same amount, per month, in advance, on the 1St day of each month thereafter, during the Term of this Lease. All sums shall be paid at the address of Landlord, as above designated, or at such other place in Iowa, or elsewhere, as the Landlord may, from time to time, designate in writing. Delinquent payments shall draw interest at 9 % per annum from the due date, until paid. SECTION 3. POSSESSION. Tenant shall be entitled to possession on the first day of the Term of this Lease, and shall yield possession to Landlord at the end of the Term, except as herein otherwise expressly provided. Should Landlord be unable to give possession on said date, Tenant's only damages shall be a rebating of the pro rata rental. SECTION 4. USE OF PREMISES. Tenant covenants and agrees during the Term of this Lease to use and to occupy the Leased Premises only for business use. SECTION 5. QUIET ENJOYMENT. Landlord covenants that its estate in said Leased Premises is in fee simple and that the Tenant, if not in default, shall peaceably have, hold and enjoy the Leased Premises for the Term of this Lease. Landlord shall have the right to mortgage all of its right, title, and interest in the Leased Premises at any time without notice, subject to this Lease. SECTION 6. EQUIPMENT, DECORATING, REPLACEMENT, REPAIR AND MAINTENANCE. 6.1 Definitions. (1) "Maintain" means to clean and keep in good condition. (2) "Repair" means to fix and restore to good condition after damage, deterioration or partial destruction. 6.2 Conditions of Premises. (1) Tenant takes the Leased Premises in its present condition, except for such repairs and alterations as may be expressly otherwise provided in this Lease. 6.3 Repairs and Maintenance. (1) Landlord shall replace and repair the structural parts of the building. For purposes of this Lease, the structural parts of the building shall mean the foundation, exterior walls, load bearing components of interior floors and walls, the roof and all sewers, pipes, wiring and electrical fixtures outside of the structure. (2) Landlord shall be responsible for maintenance of all common area under Landlord's control. Tenant shall be responsible for all maintenance within the Leased Premises. (3) Each party shall perform their responsibilities of repair and maintenance to the end that the Leased Premises will be kept in a safe and serviceable condition. Neither party will permit nor allow the Leased Premises to be damaged or depreciated in value by any act, omission to act, or negligence of itself, its agents or employees. 6.4 Equipment, Decorating and Alterations. (1) The space shall be used as an office. The landlord shall replace the window coverings and provide access to high speed internat. The landlord shall also put the tenants name on the office door in the leased space. (2) Any equipment, furnishings or fixtures to be supplied by Tenant shall be subject to the Landlord's prior written approval as to quality and method of installation. Tenant shall provide all trade equipment, furnishings and fixtures used in connection with the operation of its business, such as telephones, computers, desks, chairs, shelving and 2 similar items. (3) Tenant shall be responsible for all interior decorating. Tenant shall make no structural alterations or improvements without the prior written consent of the Landlord. 6.5 Americans With Disabilities Act. Tenant will make no unlawful use of the Leased Premises and agrees to comply with all valid regulations of the Board of Health, City Ordinances, the laws of the State of Iowa and the federal government, but this provision shall not be construed as creating any duty by Tenant to members of the general public, provided, however, responsibility for compliance with the Americans with Disabilities Act shall be performed and paid for by the parties as follows: Common areas Landlord: 100% Tenants' area: Initial compliance (specify) Landlord: 100% Future compliance Landlord: 100% SECTION 7. UTILITIES AND SERVICES. Utilities and services shall be furnished and paid for by the parties as follows: PROVIDED BY: Electricity Landlord Gas Landlord Water and Sewer Landlord Garbage/Trash Landlord Phone access* Landlord Janitor/Cleaning Tenant Common areas Landlord Other: Tenant *Tenant buys phones and email system. PAID BY: Landlord % Tenant 100 0 100 0 100 0 100 0 100 0 0 100 100 0 0 100 SECTION 8. TERMINATION, SURRENDER OF PREMISES AT END OF TERM -- REMOVAL OF FIXTURES. 8.1 Termination. This Lease shall terminate upon expiration of the original Term. The tenant may terminate this Lease by giving not less than 60 day's written notice to the Landlord with the day after the date of mailing such notice to the other party. 8.2 Surrender. Tenant agrees that upon termination of this Lease it will surrender and deliver the Leased Premises in good and clean condition, except the effects of ordinary wear and tear and depreciation arising from lapse of time, or damage without fault or liability of Tenant. 8.3 Holding Over. Continued possession by Tenant, beyond the expiration of its 3 tenancy, coupled with the receipt of the specified rental by Landlord (and absent a written agreement by both parties for an extension of this Lease, or for a new lease) shall constitute a month to month extension of this Lease. 8.4 Removal of Fixtures. Tenant may, at the expiration of its tenancy, if Tenant is not in default, remove any fixtures or equipment which Tenant has installed in the Leased Premises, providing Tenant repairs any and all damages caused by removal. SECTION 9. ASSIGNMENT AND SUBLETTING. Any assignment of this Lease or subletting of the Leased Premises or any part thereof, without the Landlord's written permission shall, at the option of the Landlord, make the rental for the balance of the Lease Term due and payable at once. Such written permission shall not be unreasonably withheld. SECTION 10. INSURANCE. 10.1 Property Insurance. Landlord and Tenant agree to insure their respective real and personal property for the full insurable value. Such insurance shall cover losses included in the Insurance Services Official Broad Form Causes of Loss (formerly fire and extended coverage).To the extent permitted by their policies. Landlord and Tenant waive all rights of recovery against each other. 10.2 Liability and Indemnification. Lessee hereby agrees to hold harmless and indemnify Lessor from all claims, loss, damage, actions, causes of action, expense and or liability resulting from the use of the Leased Premises by Lessee, its employees, agents, students and contractors. 10.3 Certificates Of Insurance. Prior to the time this Lease takes effect Tenant shall provide Landlord with a certificate of insurance with these property and liability insurance requirements of this Lease, and such certificate shall include 30 days advance notice of cancellation to Landlord. A renewal certificate shall be provided prior to expiration of the current policies. 10.4 Acts By Tenant. Tenant will not do or omit doing of any act which would invalidate any insurance, or increase the insurance rates in force on the Leased Premises. 10.5 Recommendations -Iowa Insurance Services Office. Tenant further agrees to comply with recommendations of Iowa Insurance Services Office and to be liable for and to promptly pay, as if current rental, any increase in insurance rates on said premises and on the building of which said Leased Premises are a part, due to increased risks or hazards resulting from Tenant's use of the Leased Premises otherwise than as herein contemplated and agreed. 10.6 Copy of Lease to Insurer. Landlord and Tenant shall each provide a copy of this Lease to their respective insurers. 4 SECTION 11. LIA ILITY FOR DAMAGE. Each party shall be liable to the other for all damage to the property of the other negligently, recklessly or intentionally caused by that party (or their agents, employees or invitees), except to the extent the loss is insured and subrogation is waived under the owner's policy. SECTION 12. INDEMNITY. (see section 10.2) SECTION 13. FIRE AND CASUALTY. 13.1 Partial Destruction of Premises. In the event of a partial destruction or damage of the Leased Premises, which is a business interference which prevents the conducting of a normal business operation and which damage is repairable within 60 days after its occurrences, this Lease shall not terminate but the rent for the Leased Premises shall abate during the time of such business interference. In the event of a partial destruction, Landlord shall repair such damages within 60 days of its occurrence unless prevented from doing so by acts of God, government regulations, or other causes beyond Landlord's reasonable control. 13.2 Zoning. Should the zoning ordinance of the municipality in which this property is located make it impossible for Landlord to repair or rebuild so that Tenant is not able to conduct its business on the Leased Premises, then such partial destruction shall be treated as a total destruction as provided in the next paragraph. 13.3 Total Destruction of Business Use. In the event of a destruction or damage of the Leased Premises including the parking area (if parking area is a part of this Lease) so that Tenant is not able to conduct its business on the Leased Premises or the then current legal use for which the Leased Premises are being used and which damages cannot be repaired within 60 days, this Lease may be terminated at the option of either the Landlord or Tenant. Such termination in such event shall be effected by written notice of one party to the other, within 20 days after such destruction. Tenant shall surrender possession within 10 days after such notice issues and each party shall be released from all future obligations, and Tenant shall pay rent pro rata only to the date of such destruction. In the event of such termination of this Lease, Landlord at its option, may rebuild or not, at its discretion. SECTION 14. CONDEMNATION. 14.1 Disposition of Awards. Should the whole or any part of the Leased Premises be condemned or taken for any public or quasi-public purpose, each party shall be entitled to retain, as its own property, any award payable to it. Or in the event that a single entire award is made on account of the condemnation, each party will then be entitled to take such proportion of said award as may be fair and reasonable. 14.2 Date of Lease Termination. If the whole of the Leased Premises shall be condemned or taken, Landlord shall not be liable to Tenant except and as its rights are preserved in paragraph 13.1 above. SECTION 15. DEFAULT, NOTICE OF DEFAULT AND REMEDIES. 5 15.1 Events of Default. (1) Each of the following shall constitute an event of default by Tenant: (a) Failure to pay rent when due. (b) Failure to observe or perform any duties, obligations, agreements or conditions imposed on Tenant pursuant to terms of the Lease. (c) Abandonment of the Leased Premises. "Abandonment" means Tenant has failed to engage in its usual and customary business activities on the Leased Premises for more than fifteen (15) consecutive business days. (d) Institution of voluntary bankruptcy proceedings in which the Court orders relief against the Tenant as a debtor; assignment for the benefit of creditors of the interest of Tenant under this Lease agreement; appointment of a receiver for the property or affairs of Tenant, where the receivership is not vacated within ten (10) days after the appointment of the receiver. 15.2 Notice of Default. Landlord shall give Tenant a written notice specifying the default and giving the Tenant ten (10) days in which to correct the default. If there is a default (other than for nonpayment of a monetary obligation of Tenant, including rent) that cannot be remedied in ten (10) days by diligent efforts of the Tenant, Tenant shall propose an additional period of time in which to remedy the default. Consent to additional time shall not be unreasonably withheld by Landlord. Landlord shall not be required to give Tenant any more than three notices for the same default within any 365 day period. 15.3 Remedies. In the event Tenant has not remedied a default in a timely manner following a Notice of Default, Landlord may proceed with all available remedies at law or in equity, including but not limited to the following: (1) Termination. Landlord may declare this Lease to be terminated and shall give Tenant a written notice of such termination. In the event of termination of this Lease, Landlord shall be entitled to prove claim for and obtain judgment against Tenant for the balance of the rent agreed to be paid for the Term herein provided, plus all expenses of Landlord in regaining possession of the Leased Premises and the reletting thereof, including attorney's fees and court costs, crediting against such claim, however, any amount obtained by reason of such reletting. (2) Forfeiture. If a default is not remedied in a timely manner, Landlord may then declare this Lease to be forfeited and shall give the Tenant a written notice of such forfeiture, and may, at the time, give Tenant the notice to quit provided for in Chapter 648 of the Code of Iowa. ~EGTION 16. RIGHT OF EITHER PARTY TO MAFfE GOOD ANY DEFAl1LT OF THE OTHER. If default shall be made by either party in the performance of, or 6 compliance with, any of the terms or conditions of this Lease, and such default shall have continued for thirty (30) days after written notice thereof from one party to the other, the person aggrieved, in addition to all other remedies now or hereafter provided by law, may, but need not, perform such term or condition, or make good such default and any amount advanced shall be repaid forthwith on demand, together with interest at the rate of 9% per annum, from date of advance. SECTION 17. SIGNS. Tenant shall not attach, paint or exhibit any signs on the Leased Premises. The landlord will place lettering (name) on the office door (Julien's Journal/JD Communications, Inc.) and will add tenants name to marquee in the building lobby. SECTION 18. MECHANIC'S LIENS. Neither Tenant nor anyone claiming by, through, or under Tenant, shall have the right to file or place any mechanic's liens or other lien of any kind or character whatsoever, upon said Leased Premises or upon any building or improvement thereon, or upon the leasehold interest of Tenant, and notice is hereby given that no contractor, sub-contractor, or anyone else who may furnish any material, service or labor for any building, improvements, alteration, repairs or any part thereof, shall. at any time be or become entitled to any lien on the Leased Premises, and for the further security of Landlord, Tenant covenants and agrees to give actual notice thereof in advance, to any and all contractors and sub-contractors who may furnish or agree to furnish any such material, service or labor. SECTION 19. LANDLORD'S LIEN AND SECURITY INTEREST. 19.1 Landlord's Lien. Landlord shall have, in addition to any lien given by law, a security interest as provided by the Uniform Commercial Code of Iowa, upon all personal property and all substitutions thereof, kept and used on said Leased Premises by Tenant. Landlord may proceed at law or in equity with any remedy provided by law or by this Lease for the recovery of rent, or for termination of this Lease because of Tenant's default in its performance. SECTION 20. ENVIRONMENTAL. 20.1 Landlord. To the best of Landlord's knowledge to date: (1) Neither Landlord nor Landlord's former or present tenants are subject to any investigation concerning the Leased Premises by any governmental authority under any applicable federal, state, or local codes, rules and regulations pertaining to air and water quality, the handling, transportation, storage, treatment, usage, or disposal of toxic or hazardous substances, air emissions, other environmental matters, and all. zoning and other land use matters. (2) Any handling, transportation, storage, treatment, or use of toxic or hazardous substances that has occurred on the Leased Premises has been in compliance with all applicable federal, state and local codes, rules and regulations. (3) No leak, spill release, discharge, emission or disposal of toxic or hazardous 7 substances has occurred on the Leased Premises. (4) The soil, groundwater, and soil vapor on or under the Leased Premises is free of toxic or hazardous substances. (5) Landlord shall assume liability and shall indemnify and hold Tenant harmless against all liability or expense arising from any condition which existed, whether known or unknown, at the time of execution of the Lease which condition is not a result of actions of Tenant or which condition arises after date of execution but which is not a result of actions of Tenant. 20.2 Tenant. Tenant expressly represents and agrees: (1) During the Lease Term, Tenant's use of the Leased Premises will not include the use of any hazardous substance without Tenant first obtaining the written consent of Landlord. Tenant understands and agrees that Landlord's consent is at Landlord's sole option and complete discretion and that such consent may be withheld or may be granted with any conditions or requirements that Landlord deems appropriate. (2) During the Lease Term, Tenant shall be fully liable for all costs and expenses related to the use, storage, removal and disposal of hazardous substances used or kept on the Leased Premises by Tenant, and Tenant shall give immediate notice to Landlord of any violation or any potential violation of any environmental regulation, rule, statute or ordinance relating to the use, storage or disposal of any hazardous substance. (3) Tenant, at its sole cost and expense, agrees to remediate, correct or remove from the Leased Premises any contamination of the property caused by any hazardous substances which have been used or permitted by Tenant on the Leased Premises during any term of this Lease. Remediation, correction or removal shall be in a safe and reasonable manner, and in conformance with all applicable laws, rules and regulations. Tenant reserves all rights allowed by law to seek indemnity or contribution from any person, other than Landlord, who is or may be liable for any such cost and expense. (4) Tenant agrees to indemnify and hold Landlord harmless from and against all claims, causes of action, damages, loss, costs, expense, penalties, fines, lawsuits, liabilities, attorney fees, engineering and consulting fees, arising out of or in any manner connected with hazardous substances, which are caused or created by Tenant on or after the date of this Lease and during any term of this Lease, including, but not limited to, injury or death to persons or damage to property, and including any diminution of the value of any Leased Premises which may result from the foregoing. This indemnity shall survive the cessation, termination, abandonment or expiration of this Lease. SECTION 21. SUBSTITUTION OF EQUIPMENT, MERCHANDISE. ETC. 21.1 Tenant's Property. During its tenancy, Tenant shall have the right to sell or otherwise dispose of any personal property of Tenant situated on the Leased Premises, when in the judgment of Tenant it shall have become obsolete, outworn or unnecessary 8 in connection with the operation of the business on the Leased Premises; provided, however, that Tenant shall, in such instance (unless no substituted article or item is necessary) at its own expense, substitute for such items a new or other item in substitution thereof, in like or greater value. 21.2 Inventory. Nothing herein contained shall be construed as denying to Tenant the right to dispose of inventoried merchandise in the ordinary course of Tenant's trade or business. SECTION 22. RIGHTS CUMULATIVE. The various rights, powers, options, elections and remedies of either party, provided in this Lease, shall be construed as cumulative and no one of them as exclusive of the others, or exclusive of any rights, remedies or priorities allowed either party by law, and shall in no way affect or impair the right of either party to pursue any other equitable or legal remedy to which either party may be entitled as long as any default remains in any way unremedied, unsatisfied or undischarged. SECTION 23. NOTICES AND DEMANDS. Notices as provided for in this Lease shall be given to the respective parties hereto at the respective addresses designated on page one of this Lease unless either party notifies the other, in writing, of a different address. Without prejudice to any other method of notifying a party in writing or making a demand or other communication, such message shall be considered given under the terms of this Lease when sent, addressed as above designated, postage prepaid, by certified mail deposited in a United States mail box. SECTION 24. PROVISIONS TO BIND AND BENEFIT SUCCESSORS, ASSIGNS, ETC. Each and every covenant and agreement herein contained shall extend to and be binding upon the respective successors, heirs, administrators, executors and assigns of the parties; except that if any part of this Lease is held in joint tenancy, the successor in interest shall be the surviving joint tenant. SECTION 25. CHANGES TO BE IN WRITING. None of the covenants, provisions, terms or conditions of this Lease shall be modified, waived or abandoned, except by a written instrument duly signed by the parties. This lease contains the whole agreement of the parties. SECTION 26. RELEASE OF DOWER. Spouse of Landlord appears as a signatory to this Lease solely for the purpose of releasing dower, or distributive share, unless said spouse is also a co-owner of an interest in the Leased Premises. SECTION 27. CONSTRUCTION. Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, and as masculine, feminine or neuter gender according to the context. 9 LANDLORD TENANT CITY O ®U UU J® COIi111Ml1NICATION~, INC ~~ _ .~ Michael C. fan Milligen David Rusk City Manager F:\USERS\DHeiar\Federal Building\JD Communications Lease.doc 10 n°~ n u, J ~,_ ~- t'-'_ CU i~~~ IL Ui =- ~ ~. ti ~ .. .. .. 11 I I I I I OP {D OP DATE (MMlODIYYYY) ,. JULIE-2 03 09 09 PRODUCER THIS CERTIFICATE IS ISSUED A5 A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 1"RICOR, Inc . - Dubuque HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR PO Box 1610 , 500 Iowa Street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Dubuque IA 52004-1810 Phone: 563-556-5491 FaX:6O8-723-6440 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURERA AC11]-t InBtlranCe 14184 INSURER B: Juliens Journal JD Coal>:nunications, InC . DBA INSURER c: PO BOX BO1 Dubuque IA 52004-0801 iNSURERp; INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECTTO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAIp CLAIMS. LTR NSR TYPE OF INSURANCE POLIGY NUMBER OATEYMMlpp/rrE PDATE MM7DD TION LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1, OOO, OOO A X X COMMERCIAL GENERAL LIABILITY F18864 01/22/09 01/22/lO PREMISES EaocNcuence) $ 100,000 CLAIMS MADE ®OCCUR MED EXP (Any one parson) $ 5 , ao a • PERSONAL&ADVINJURY $1,OQO,000 GENERAL AGGREGATE $1,000,000 GEN'LAGGREGATE LIMITAPPLIES PER: PRODUCTS-COMPIOP AGG $1,000,000 POLICY PRO• LOC JECT AUT OMOBILE LIABILITY lNGLEUMIT O aaBcldaory {E $1,000,000 A ANY AUTO F1$864 O1 /22/09 01/22/10 ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIRER AUTOS BODILY INJURY X NON-OWNED AUTOS (PeraccidenQ $ PROPERTY DAMAGE {Per accident) S GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EAACG $ AUTO ONLY: AGG $ EXCE$$lUMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR ~ CLAIMS MADE AGGREGATE $ _... _~_... $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPEN$ATiON AND X TORY LIMITS Eft A EMPLOYERS'LIABILITY ANY PROPRIETORlPARTNER/EXECUTIVE F1$864 01!22/os / O1/22/ 10 E.L, EAGH ACCIDENT $ 100000 OFFICERIMEMBEREXCLUDED? E. L. DISEASE-EA EMPLOYEE $ 100000 If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE-POLICY LIMIT s500000 OTHER A Property Section F18854 01/22/09 01/22/10 A E i ment Floats F18884 01/22/09 01/22/10 DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS City of Dubuque is additional insured in regards to the gen liab. Coverage is considered to be primary and non contributory incl ongoing and comp/ ops. A waiver of subro applies to the gen liab & Work Comp in favor of City of Dbq. A waiver of govt immunities applies in favor of the City of Dbq. 30-day notice of cancellation applies. All overage provided per attached fo l~CBTICIf~ATC tI(1111C~ (_AN[=F11 AII(1N CITYDSQ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3O DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO 50 SHALL Clty Af Dubuque IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR 50 W. 13th St. A 52001 b REPRESENTATIVES. uque F Du AUTHORIZED REPRESENTATIVE TRICOR Insurance ......... ......e~a...•r.nel nose acoRD zs laoa9wa~ I T~4 T If the certificate holder is an ADDITIONAL INSURED, the poiicy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION 1S WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement, A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. AC9RD 26 w~,ivEaR o!=' our RIGHT To ~ECOV~~ FROn~ oT~rl=~s E~apo~sn~E~fT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or or- ganization named in the Schedule. This agreement applies only to the extent that you perform work we o0 oa ~seaeaa~ under a written contract that. requires you to obtain this agreement from us, This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. SCHEDULE City of Dubuque ADDITIOPIAL INSURED CITY OF DUBUQUE, IOWA IL-70fi3(7-02} This endorsement modifies insurance provided under from time to time. Those claims not subject the following: to the Code of Iowa Section 670.4 shall be BUSINESS AUTO COVERAGE FORM covered by the terms and conditions of this COMMERCIAL GENERAL LIABILITY GOVERAGE PART policy. BIS-PAK BUSINESS LIABILITY AND MEDICAL c. The City of Dubuque, Iowa shall be respon- EXPENSES GOVERAGE FORM Bible for asserting any defense of govern- 1. The City of Dubuque, Iowa, including all its mental immunity, and may do so at any elected and appointed officials, all its employ- time and shall do so upon timely written ees and volunteers, all its boards, commissions request by us. and/or authorities and their board members, d. We shall not deny coverage under this poli- employees and volunteers, are included as ad- cy and we shall not deny any of the rights ditional insureds with respect to all work and and benefits accruing to the City of Du- services performed for them. This coverage buque, Iowa under this policy far reasons of shall be primary to the additional insureds and governmental immunity unless and until a not contributing with any other insurance or court of competent jurisdiction has ruled in similar protection available to the additional in- favor of the defense(s) of governmentai im- sureds, whether other available coverage be munity asserted by the City of Dubuque, primary, contributing or excess. Iowa. 2. The following applies when the City of Du- e. We and the City of Dubuque, Iowa agree buque, Iowa is named as an additional insured: that the above preservation of governmental a. We expressly agree and state that the pur- immunities shall not otherwise change or chase of this policy and the naming of the alter the coverage available under the poli- City of Dubuque, Iowa as an additional in- cY• sured does not waive any of the defenses 3. We will give thirty (30) days advance written of governmental immunity available to the notice of cancellation, nonrenewal, reduction in City of Dubuque, Iowa under the Code of coverage or limits andlor material change by Iowa Section 670.4 as it now exists and as endorsement and ten (10) days written no#ice it may be amended from time ko time. for nonpayment of premium to: City of Dubuque b. We further agree that this policy of insur- and Dubuque County, City Hall, 13th and Cen- ance shall cover only thane claims not sub- tral, Dubuque, IA 52001. This endorsement su- ject to the defense of governmental immu- persedes the standard cancellation statement nity under the Code of Iowa Section 670.4 on the Certificate of Insurance to which this as it now exists and as it may be amended endorsement is attached.