MYLA Company LLC LeaseTHE CITY OF Dubuque
a~aam
DUB E
Masterpiece on the Mississippi
2007
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: MYLA Company, LLC Lease
DATE: September 28, 2009
City Engineer Gus Psihoyos requests that the City Council set a public hearing for
October 19, 2009, on the proposed lease between MYLA Company, LLC for the
placement of a sign for the businesses in the new building at 3338 Center Grove Drive.
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
Gus Psihoyos, City Engineer
TH E CITY OF /.,
~u~ E
Masterpiece on the Mxsstssxppx
TO: Michael C. Van Milligen, City Manag r
FROM: Gus Psihoyos, City Engineer
DATE: September 25, 2009
SUBJECT: MYLA Company, LLC Lease
Introduction
Dubuque
~~~
'~III-
Zoos
The purpose of this memo is to request City Council approval of a new lease between
the City of Dubuque and MYLA Company, LLC.
Discussion
A lease is proposed between the City of Dubuque and MYLA Company, LLC for its new
building at 3338 Center Grove Drive. The purpose of the lease is to allow for the
placement of a sign for the businesses in the new building. The terms of the lease are
as follows:
• Ten-year lease beginning November 1, 2009 through October 31, 2019.
• Annual lease rate of $120.
• Standard insurance and indemnity language.
In addition, MYLA Company, LLC has agreed to install sidewalk along the developed
frontage at 3338 Center Grove Drive.
Action To Be Taken
recommend that the City Council set October 19, 2009, as the date for a public hearing
on the proposed lease between MYLA Company, LLC for the placement of a sign for
the businesses in the new building at 3338 Center Grove Drive.
cc: Barry Lindahl, City Attorney
Ken TeKippe, Finance Director
Guy Hemenway, Assistant Planner
Steve Sampson Brown, Project Manager
Ron Turner, PLS
RESOLUTION NO. 387-09
RESOLUTION OF INTENT TO DISPOSE OF AN INTEREST IN PUBLIC RIGHT-OF-WAY
OWNED BY THE CITY OF DUBUQUE BY LEASE BETWEEN THE CITY OF
DUBUQUE, IOWA, AND MYLA COMPANY, LLC
Whereas, the City of Dubuque, Iowa (City) owns the public right-of-way abutting
3333 Center Grove Drive in the City of Dubuque, Iowa; and
Whereas, City and MYLA Company, LLC have negotiated a Lease Agreement
for the placement of a business sign at 3338 Center Grove Drive, a copy of which Lease
Agreement is on file at the office of the City Clerk, City Hallr 13t" and Central Avenue,
Dubuque, Iowa; and
Whereas, the City Council believes it is in the best interest of the City of Dubuque
to approve the Lease Agreement.
iVOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the City of Dubuque, Iowa, intends to dispose of its interest in
the foregoing described public right-of-way by Lease Agreement between City and
MYLA Company, LLC.
Section 2. The City Clerk is hereby authorized and directed to cause this
Resolution and a notice to be published as prescribed by Iowa Code Section 364.7 of a
public hearing on the City's intent to dispose of the foregoing-described public right-of-
way, to be held on the 19t" day of October, 2009, at 6:30 o'clock p.m. at the Historic
Federal Building, Council Chambers, 350 W. 6t" Street, Dubuque, Iowa.
Passed, approved and adopted this Stn day of octo'ez ,-, 2009.
~ ~ ~~ ~~
~~~ Roy D. Buol, Mayor
east:
eanne F. Schneider, CMC, City Clerk
Prepared by and return to: Ron Turner, Engineering Dept., City of Dubuque, 50 W. 13"' St. Dubuque IA 52001 563 589-4270
Tax address statement: MYLA and Company, LLC, 3338 Center Grove Dr., Dubuque, IA, 52003 (563) 543-6349
LEASE AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
MYLA AND COMPANY, LLC
THIS LEASE AGREEMENT dated for reference purpose the 1St day of November,
2009, by and between City of Dubuque, Iowa (Landlord), whose address, for the purpose
of this Lease Agreement, is City Hall, 50 West 13th Street, Dubuque IA 52001, and
MYLA and Company, LLC (Tenant), whose address for the purpose of this Lease
Agreement is 3338 Center Grove Drive, Dubuque, Iowa, 52003.
The parties agree as follows:
SECTION 1: PREMISES AND TERM. Landlord leases to Tenant the following real
estate, situated in Dubuque County, Iowa, shown on Exhibit A (the Leased Premises),
together with all improvements thereon, and all rights, easements and appurtenances
thereto belonging, for a term beginning on the 1St day of November, 2009, and terminating
on the 31 St day of October, 2019.
SECTION 2: RENT. Tenant agrees to pay Landlord as rent $120 per year for ten
years, in advance on the 1St day of November, 2009 and on the 1St day of November of
each year thereafter, during the term of this Lease Agreement. All sums shall be paid at
the address of Landlord, or at such other place as Landlord may designate in writing.
SECTION 3: POSSESSION. Tenant shall be entitled to possession on the first day of
the Term, and shall yield possession to Landlord at the termination of this Lease
Agreement.
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SECTION 4: USE.
4.1. Tenant shall use the Leased Premises only for the placement of a sign. Tenant
shall prior to construction of the sign submit to Landlord for Landlord's approval a plan
showing the design and location of the sign on Exhibit A. The sign shall comply with all
applicable ordinances and regulations of the City of Dubuque, Iowa. After construction of
the sign, Tenant shall provide Landlord with a plan showing the location of the sign as-
build with reference to the Leased Premises on Exhibit A.
4.2. Tenant shall review the design of sign with the City of Dubuque prior to installation.
SECTION 5: CARE AND MAINTENANCE. Tenant takes the Leased Premises as is
and shall maintain the Leased Premises in a reasonable safe, serviceable, clean and
presentable condition. Tenant shall make no structural changes or alterations without the
prior written consent of Landlord.
SECTION 6: UTILITIES AND SERVICES. Tenant shall pay for all utilities and services
that may be used on the Leased Premises. Landlord shall not be liable for damages for
failure to perform as herein provided, or for any stoppage for needed repairs or for
improvements or arising from causes beyond the control of Landlord, provided Landlord
uses reasonable diligence to resume such services. Landlord reserves unto itself a
perpetual easement on the Leased Premises including the right of ingress and egress
thereto, for the purpose of erecting, installing, constructing, reconstructing, repairing,
owning, operating, and maintaining water, sewer, drainage, gas, telephone, television
cable, fiber optics, and electric lines as may be authorized by the City of Dubuque.
SECTION 7: SURRENDER. Upon the termination of this Lease Agreement, Tenant will
surrender the Leased Premises to Landlord in good and clean condition, except for
ordinary wear and tear or damage without fault or liability of Tenant. Tenant shall remove
all improvements and materials placed on the Leased Premises and used by Tenant for
the temporary concrete batch plant. Continued possession, beyond the term of this Lease
Agreement and the acceptance of rent by Landlord shall constitute amonth-to-month
extension of this Lease Agreement.
SECTION 8: ASSIGNMENT AND SUBLETTING. No assignment or subletting, either
voluntary or by operation of law, shall be effective without the prior written consent of
Landlord, which consent shall not unreasonably be withheld.
SECTION 9. SITE PLAN IMPROVEMENTS. Tenant agrees to construct and maintain
the abutting developed area in accordance with the approved site plan for 3338 Center
Grove Drive including the installation and maintenance of sidewalk along said area.
SECTION 10: INSURANCE. Tenant shall provide insurance as set forth in the attached
Insurance Schedule.
2
SECTION 11: LIABILITY 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. Except for any negligence of Landlord, Tenant will protect,
defend, and indemnify Landlord from and against any and all loss, costs, damage and
expenses occasioned by, or arising out of, any accident or other occurrence causing or
inflicting injury or damage to any person or property, happening or done in, upon or about
the Leased Premises, or due directly or indirectly to the tenancy, use or occupancy
thereof, or any part thereof by Tenant or any person claiming through or under Tenant.
SECTION 13: DAMAGE. In the event of damage to the Leased Premises, so that
Tenant is unable to conduct business on the Leased Premises, this Lease Agreement
may be terminated at the option of either party. Such termination shall be effected by
notice of one party to the other within twenty days after such notice; and both parties shall
thereafter be released from all future obligations hereunder.
SECTION 14: MECHANIC'S LIENS. Neither Tenant, nor anyone claiming by, through,
or under Tenant, shall have the right to file any mechanic's lien against the Leased
Premises. Tenant shall give notice in advance to all contractors and subcontractors who
may furnish, or agree to furnish, any material, service or labor for any improvement on the
Leased Premises.
SECTION 15: DEFAULT, NOTICE OF DEFAULT AND REMEDIES.
15.1. Events of Default. Each of the following shall constitute an event of default by
Tenant: (1) Failure to pay rent when due; (2) failure to observe or perform any duties,
obligations, agreements, or conditions imposed on Tenant pursuant to the terms of the
Lease Agreement; (3) abandonment of the Leased Premises. "Abandonment" means
the Tenant has failed to engage in its usual and customary business activities on the
Leased Premises for more than fifteen (15) consecutive business days; (4) institution of
voluntary bankruptcy proceedings by Tenant; institution of involuntary bankruptcy
proceedings in which the Tenant thereafter is adjudged a bankruptcy; 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.
3
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 Agreement to be terminated and shall give Tenant a written notice of such
termination. In the event of termination of this Lease Agreement, 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 Agreement to be forfeited and shall give 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.
SECTION 16: NOTICES AND DEMANDS. All notices shall be given to the parties
hereto at the addresses designated unless either party notifies the other, in writing, of a
different address. Without prejudice to any other method of notifying a party in writing or
making a demand or other communication, such notice shall be considered given under
the terms of this Lease Agreement when it is deposited in the U.S. Mail, registered or
certified, properly addressed, return receipt requested, and postage prepaid.
SECTION 17: PROVISIONS BINDING. Each and every covenant and agreement
herein contained shall extend to and be binding upon the respective successors, heirs,
administrators, executors and assigns of the parties hereto.
CITY OF DUBUQUE, IOWA MYLA and Company, LLC
BY.
Roy D. Buol, Mayor
Attest:
Jeanne F. Schneider, City Clerk
B C~~
Y
Cheryl J. Ib
K:\RTURNERUeasesUeasesWlylar and Company, LLC (Kalb, Cheri)\2009 09-15-09 Lease Agreement between City and
Myla & Company, LLC.doc
4
STATE OF IOWA )
ss
DUBUQUE COUNTY )
On this aL day of , 2009, before me, the undersigned, a Notary Public
in and for the State of Iowa, pers Wally appeared Roy D. Buol and Jeanne F. Schneider, to me
personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk,
respectively, of the City of Dubuque, Iowa, a municipal corporation; that the seal affixed to the
foregoing instrument is the corporate seal of said corporation; that this Deed is given by the
authority of its City Council by Resolution No. of the City Council on the day of
2009; and that the said Roy D. Buol and Jeanne F. Schneider as such officers
acknowledged the execution of the instrument to be their voluntary act and deed and the
voluntary act and deed of the corporation, by it voluntarily executed.
Notary Public In and For Said State
ALL PURPOSE ACKNOWLEDGMENT
STATE OF IOWA )
ss:
DUBUQUE COUNTY )
On this oZ L day of 009, before me, the undersigned, a Notary Public
in and for said State, personally ap eared Cheryl J. Kalb _ to me personally known, OR X
proved to me on the basis of satisfactory evidence to be the person whose name is subscribed
to the within instrument and acknowledged to me that she executed the same in her authorized
capacity, and that by her signature on th i tru nt the person acted, executed the instrument.
SPaI+~_ ( gnature)
JODY KNEPPER
' -~ Commission N m er 73 aQa L • (Print/type)
,ow., My Comm, Exp. `1 Notary Publi nand for State of to a
CAPACITY CLAIMED BY SIGNER .
_ INDIVIDUAL ( ~
X_ CORPORATE OFFICER(S)~~.,.~C~St_ ~~/(Title)
(CORP SEAL)
_ AFFIXED
X NO SEAL PROCURED
PARTNER(S) _X_ LIMITED
_ ATTORNEY-IN-FACT
_ TRUSTEE(S)
_ GUARDIAN/CONSERVATOR
OTHER
_ GENERAL
SIGNER IS REPRESENTING:
MYLA and Company, LLC
5
To the City,
Please draw up a leasing agreement between Myla Corp. and the City for an installation of a sign on
public right of way at 3338 Center Grove Dr., Dubuque, Iowa.
Thank you,
Myla Corp