Signed Contract(s)_Dubuque County Lease Agreement for Federal Building Space Copyrighted
April 2, 2018
City of Dubuque Consent Items # 12.
ITEM TITLE: Signed Contract(s)
SUMMARY: Federal Building Lease agreementwith Dubuque County.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File
ATTACHMENTS:
Description Type
Dubuque County Lease Agreement Supporting Documentation
LEASE AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
DUBUQUE COUNTY, IOWA
This Lease Agreement (the "Lease"), dated for reference purposes the 1st day of July,
2018, is entered into by and between the Ciry of Dubuque, lowa (the "Landlord") whose
address for the purpose of this Lease is 50 West 13'" Street, Dubuque, IA 52001, and
Dubuque County (the "TenanP') whose address for the purpose of this Lease is 720
Central Avenue, Dubuque, IA 52001.
SECTION 1. PREMISES AND TERM. Landlord, in consideretion of the rents,
agreements, and conditions herein contained, leases to Tenant and Tenant leases from
Landlord, according to the terms of this Lease, the following described premises (the
Leased Premises) situated in Dubuque County, lowa:
Rooms203, 204, 209, 210, 212, 213, 215, 217, 256, 267, 268, 272, and 273 which
comprise four thousand four hundred eighty-five (4,485) square feet on the second
floor Federal Building, located at 350 West 6�" Street, Dubuque, lowa 52001; and,
Use of conference room which is available to all tenants ��
with the improvements thereon, and all rights, easements, and appurtenances, which,
more particularly, include the space and premises as may be shown on attached "Exhibit
A", for a term of one (1) year (the "Term"), commencing July 1, 2018, and ending at 11:59
p.m. on June 30, 2019, upon the condition that Tenant pays rent therefor, and othenvise
performs as in this Lease provided.
SECTION 2. RENTAL. Tenant agrees to pay to Landlord as rental for the Term, as
follows:
Lessee will pay to Lessor as monthly rent for the Leased Premises the sum of Five
Thousand Eighry-One and 50/100 dollars ($5,081.50) ($13.60/sq. ft.) (the Base Rent)
commencing on July 1, 2018 and on the 15'day of each month thereafter during the Term
of this Lease. All sums must be paid to the Finance Department at the address of
Landlord, as above designated, or at such other place in lowa, or eisewhere, as Landlord
may, from time to time, designate in writing. Delinquent payments will draw interest at
9%o per annum from the due date, until paid.
SECTION 3. POSSESSION. Tenant will be entitled to possession on the first day of
the Term of this Lease, and must 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, TenanPs only damages will 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 of Juvenile
Services.
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SECTION 5. QUIET ENJOYMENT. Landlord covenants that its estate in said Leased
Premises is in fee simple and that Tenant, if not in default, will peaceably have, hold, and
enjoy the Leased Premises forthe Term of this Lease. Landlord has 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,
deterioretion, or partial destruction.
62 Conditions of Premises. Tenant takes the Leased Premises in its present
condition, except for such repairs and alterations as may be expressly othenvise provided
in this Lease.
6.3 Repairs and Maintenance.
(1) Landlord must replace and repair the structural parts of the building. For
purposes of this Lease, the structural parts of the building are 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 is responsible for maintenance of all common areas under
Landlord's control. Tenant is responsible for all maintenance within the Leased
Premises.
(3) Each party must perform its 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 Epuipment. Decoratinq and Alterations.
(1) The following items of equipment, furnishings, and fixtures will be supplied
and replaced by the parties as follows:
Blinds: Landlord
Carpet: Landlord
(2) Any equipment, fumishings, or fixtures to be supplied by Tenant are subject
to Landlord's priorwritten approval as to quality and method of installation. Tenant
will provide all trade equipment, fumishings, and fixtures used in connection with
the operation of its business, such as telephones, computers, desks, chairs,
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shelving, and similar items.
(3) Tenant is responsible for all interior decorating. Tenant may not make
structural alterations or improvements without the prior written consent of 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 lowa and the federal government, but this provision
may 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
will 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°/o
SECTION 7. UTILITIES, SERVICES, PROPERTY TAXES. Utilities and services will
be furnished and paid for by the parties as follows:
PROVIDED BY: PAID BY:
% Landlord % Tenant
Electricity Landlord 100 0
Gas Landlord 100 0
WaterandSewer Landlord �00 0
Garbage/Trash Landlord 100 0
JanitodCleaning Tenant 0 100
Common areas Landlord 100 0
Property Taxes Tenant 0 100
Othec Tenant 0 100
Tenant agrees to reimburse Landlord for the property taxes attributable to the Leased
Premises and paid by Landlord within thirty (30) days after receipt of a statement from
Landlord for such property taxes.
SECTION 8. TERMINATION, SURRENDER OF PREMISES AT END OF TERM —
REMOVAL OF FIXTURES.
8.1 Termination. This Lease will terminate upon expiration of the original Term.
82 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.
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8.3 Holdinq Over. Continued possession by Tenant, beyond the expiration of its
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, orfor a new lease)will 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 Landlord's written
permission will, at the option of Landlord, make the rental for the balance of the Lease
Term due and payable at once. Such written permission may not be unreasonably
withheld.
SECTION 10. INSURANCE.
10.1 Prooertv Insurance. Landlord and Tenant agree to insure their respective real and
personal property for the full insurable value. Such insurance must cover losses induded
in the Insurance Services Official Broad Form Causes of Loss (formerly fire and extended
coverage).
10.2 Liabilitv Insurance. Tenant must at all times during the Term of this Lease maintain
its membership in the lowa Communities Assurance Pool or provide insurance as
described in the attached Insurance Schedule as such schedule may from time to time
be revised by Landlord.
10.3 Certificates Of Insurance. Prior to the time this Lease takes effect Tenant will
provide Landlord with a certificate of insurance with these property and liability insurance
requirements. A renewal certificate must be provided prior to expiration of the current
policies.
10.4 Acts bv 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 - lowa Insurance Services Offce. Tenant further agrees to
comply with recommendations of lowa Insurance Services Office and to be liable for and
to promptly pay, as if current rental, any increase in insurance retes on said premises and
on the building of which said Leased Premises are a part, due [o increased risks or
hazards resulting from TenanPs use of the Leased Premises otherwise than as herein
contemplated and agreed.
10.6 CopV of Lease to Insurec Landlord and Tenant must each provide a copy of this
Lease to their respective insurers.
SECTION 11. LIABILITY FOR DAMAGE. Each party agrees it is 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.
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SECTION 12. INDEMNITY. Tenant agrees to indemnify and hold harmless Landlord,
its officers and employees, from and against any and all claims of any kind arising out of
or related to TenanYs performance of its obligations in this Lease.
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 will not terminate but the rent for the Leased Premises will be
abated during the time of such business interference. In the event of a partial destruction,
Landlord will 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.
132 Zoninq. 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 will be treated
as a total destruction as provided in Section 13.3.
13.3 Total Destruction of Business Use. In the event of a destruction or damage of the
Leased Premises that is not the fault of Tenant, 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 sixty (60) days, this Lease may be
terminated at the option of either Landlord or Tenant Such termination in such event will
be affected by written notice of one party to the other, within twenty (20) days after such
destruction. Tenant must surrender possession within ten (10) days after such notice
issues and each party will be released from all future obligations, and Tenant must 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 ortaken for any public or quasi-public purpose, each party is 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 is condemned or
taken, Landlord will not be liable to Tenant except and as its rights are preserved in
Section 13.1.
SECTION 15. DEFAULT, NOTICE OF DEFAULT AND REMEDIES.
15.1 Events of Default.
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Each of the following constitutes an event of defaWt by Tenant
(1) Failure to pay rent when due;
(2) Failure to observe or pertorm any duties, obligations, agreements, or
conditions imposed on Tenant pursuant to terms of the Lease;
(3) Abandonmentofthe Leased Premises. "AbandonmenP' means Tenanthas
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 in which the Court orders
relief against Tenant as a debtor; assignment for the benefit of creditors of the
interest of Tenant under this Lease; 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.
152 Notice of DefaWt. Landlord must give Tenant a written notice specifying the default
and giving Tenant ten (10) days in which to correct the default. If there is a defautt (other
than for nonpayment of a monetary obligation of Tenant, including rent) that cannot be
remedied in ten (10)days by diligent efforts of Tenant, Tenant must propose an additional
period of time in which to remedy the defaulL Consent to additional time may not be
unreasonably withheld by Landlord. Landlord is not required to give Tenant any more
than three (3) notices for the same default within any three hundred sixty-five (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 must
give Tenant a written notice of such termination. In the event of termination of this
Lease, Landlord is 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 Landbrd 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 time�y manner, Landlord may
then declare this Lease to be forfeited and must 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 lowa Code.
SECTION 16. RIGHT OF EITHER PARTY TO MAKE GOOD ANY DEFAULT OF THE
OTHER. If defaWt is made by either party in the performance of, or compliance with, any
of the terms or conditions of this Lease, and such default continues 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 defaWt and any amount advanced will be repaid
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forthwith on demand, together with interest at the rate of nine percent (9%) per annum,
from date of advance.
SECTION 17. SIGNS. Tenant may not attach, paint, orexhibit any signs on the Leased
Premises.
SECTION 18. MECHANICS LIENS. Neither Tenant nor anyone claiming by, through,
or under Tenant, may 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
contracror, sub-contractor, or anyone else who may furnish any material, service or labor
for any building, improvements, alteretion, repairs, or any part thereof, may 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.
SEC710N 19. LANDLORD'S LIEN AND SECURITY INTEREST. Landlord will have,
in addition to any lien given by law, a security interest as provided by the Uniform
Commercial Code of lowa, 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 TenanYs default in its pertormance.
SECTION 20. ENVIRONMENTAI.
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 govemmental authority
under any applicable federal, state, or local codes, rules, and regulations
pertaining to air and water quality, the handling, trensportation, 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 alI applicable federal, state, and local codes, rules, and
regulations;
(3) No leak, spill release, discharge, emission, or disposal of toxic or hazardous
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; and
(5) Landlord assumes liability and will 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
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result of actions of Tenant or which condition arises aRer date of execution but
which is not a result of actions of Tenant.
202 Tenant. Tenant expressly represents and agrees:
(1) During the Lease Term, TenanYs 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 will 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 must give immediate notice
to Landlord of any violation or any potential violation of any environmental
regulation, ruie, 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, wrrect, 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 must 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; and
(4) Tenant agrees to indemnify and hold Landlord harmless from and against
all claims, causes of action, damages, loss, costs, expense, penaities, fines,
lawsuits, liabilities, attomey fees, engineering and consuRing 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
induding any diminution of the value of any Leased Premises which may resuit
from the foregoing. This indemnity will survive the cessation, termination,
abandonment, or expiration of this Lease.
SECTION 21. SUBSTITUTION OF EQUIPMENT, MERCHANDISE, ETC.
21.1 TenanYs Propertv. During its tenancy, Tenant has 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 has become obsolete, outwom, or unnecessary in connection with
the operation of the business on the Leased Premises; provided, however, that Tenant
must, in such instance (unless no substituted artide 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.
212 Inventorv. Nothing herein contained will be construed as denying to Tenant the
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right to dispose of inventoried merchandise in the ordinary course of TenanPs trade or
business.
SECTION 22. RIGHTS CUMULATIVE. The various rights, powers, options, elections,
and remedies of either party, provided in this Lease, will 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 may 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 defauft remains in any way unremedied, unsatisfied, or undischarged.
SECTION 23. NOTICES AND DEMANDS. 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, will be deemed ro have been fully given or made or sent when
made in writing and 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 LANDLORD: City of Dubuque, lowa
Go City Manager
City Hall
50 West 13'" Street
Dubuque, lowa 52001
TO TENANT: Jay Wickham
c/o Dubuque County Board of Supervisors
720 Central Avenue
Dubuque, lowa 52001
SECTION 24. CONSTRUCTION. Words and phrases herein, induding
acknowledgment hereof, will be construed as in the singular or plural number, and as
masculine, feminine, or neuter gender according to the context.
SECTION 25. COMPLIANCE WITH LAW. During the term of this Lease, Tenant must
comply with all laws applicable to TenanYs use of the Leased Premises.
SECTION 26. MISCELLANEOUS.
26.1 Governinq Law. It is agreed that this Lease will be govemed by, construed, and
enforced in accordance with the laws of the State of lowa.
26.2 Paraqraph Headinqs. The titles to the paragraphs of this Lease are so�ely for the
convenience of the parties and will not be used to explain, modify, simplify, or aid in the
interpretation of the provisions of this Lease.
26.3 Modification of Aqreement. Any modification of this Lease or additional obligation
assumed by either parry in connection with this Lease will be binding only if evidenced in
writing signed by each party or an authorized representative of each party.
26.4 Parties Bound. This Lease binds and inures to the benefit of and applies to the
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respective successors and assigns of Landlord and Tenant. All references in this Lease
to "Landlord" or "Tenant" will be deemed to refer to and include successors and assigns
of Landlord and Tenant without specific mention of such successors or assigns.
SECTION 27. FORCE MAJEURE. In the event that either party hereto will be delayed
or hindered in or prevented from the performance of any act required hereunder by reason
of strikes, lockouts, labor troubles, unavailability of construction materials, unavailability
or excessive price of fuel, power failure, riots, insurrection, war, terrorist activities,
explosions, hazardous conditions, fire, flood, 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 (collectively Force
Majeure), then performance of such act will be excused for the period of the delay and
the period for the performance of any such act will be extended for a period equivalent to
the period of such delay.
CITY OF DUBUQUE DUBUQUE COUNTY BOARD OF
LANDLORD SUPERVISORS, TENANT
' 2� _ � � l/,�
By / By
Michael C. Van Milligen J Wickham
City Manager hairperson
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EXHIBIT A
THE LEASED PREMISES
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INSURANCE SCHEDULE A
CITY OF DUBUQUE INSURANCE REQUIREMENTS FOR LESSEES
OF CITY PROEPRTY AND RIGHT OF WAY
LICENSEES OR PERMITTEES
13
City of Dubuque Insurance RequiremenK for Lessees of City Property antl RigM1t of Way
L�censees or Permittees
INSl1RANCE SCHE�ULE A
L TheCIub6M1allfurnisM1esigrietlwtlllua�eollnsuanwlolM1eGityolDubuqua,lowe(orlM1e
verage required'm Exhibit I prior�o t�e lease,license,or permil wmme�emenl All lesseesof
Cily propetly an0 ri9M of way licensees or permil�ees s�all submil an optla�etl w�ificate
annually. Each certifma�e snali be prepare0 on�he most current HCORD lorm approvetl by iM1e
rnva Insurance Dlvlslon or an equivaleM.Eac�cetllfiwte shall Irolutle a statement ur�tler
DeScripiionofOperationsastowhylM1ewtlilicalewasissuetl Eg: Pmjec�M orleaseof
premiseset orconstmo�ionof� orngplofwaypenniVed
�ocatbn ana tlescnplon Lease P9reement tlatetl
2 NIlp�liciesofinsuraricerequiredM1ereundershailbewil�anlnsurarautnodzedrotlobusinesm
lava antl all Insure�s shal I have a rating of A or betler in�he wrren�A M.Besfs Ra�ing Guitle.
3. Eaclt cetlipcate s�all be NmisM1etl to the Leisure Senices Depa�menl of Ihe Cily of Dubuque.
� 4 T�e lessee,lioensa&or perminee sM1all be requiretl to carry IM1e minimum covaraBeflimits,or
greater it requiretl by law or o1M1er legal agreement,in Exhibl[I.FaiWre to povitle ihe requiretl
mmimum coverage e�au not m aeemeo a waiver oi sucn requiremxo;s by me c'uy of Oubuque.
5. FaiWretoobtalnormain�alnlherequiretllnwranceshalipeconsitleretlama�erialbreachoft�e
lease,llcense,orpe�enit
6. AllreqwreaenaorsemenisshallbeatlacFearocer�ifica�e.
]. VMenever a specirm I5o rorm Is relerencetl ihe wrrenl etlitian of tM1e form must be usetl unless
en equivelent(o�m�5 eppwetl b)�M1e Fin9noa Direotoc T�e lessae,lioensee,or permitlee mus�
identiry antl list in wri�ing all tlevialions and excluslons fmm tiie iS0 form.
8. If lessee'i licensee's,or pertnil2e's limi[s pf liabiliry are higher tlian�ne requlied minimum limi�s
t�en Ine lessee's,Ilcensee's,or permll[ee s IImRs s�all be tMs agreemenfs reqWretl Ilmlis.
2 Lessee,licensee,orce�mineesnallrequireallsubconlraqorsandsub-sobwnVaclorstooblain
ana maln�aln tluring��e pertormance ot vmrk Insurance for IM1e mve�ages tlescnbetl In IMs
Insurance Scneaule antl sM1all oGain certiricates or insurance Imm all swh subconhaclors and
suU�subconVac�ors. Lessee,licensee,or permittee agrees Ihal it s�all be liable for Ihe faiWre ot a
submnVaclor antl sob�svbconhaqor to optain aiU mainlain such covera9e.The City may
requesl a copy ot suc�ce�ifcates Rom Ihe lessee,licensee,or permittee.
Pagetof4 SneeuieALesse�OfCRyPrapeM',RigMOIWayLioenseecorPormltteesNovemeer20t)
14
City of Dubuque Insurance Requlrements for Lessees of Ciry Property antl RigM of Way
LI<ensees or Permittees
INSURANCE SCHEDULE A (Continued)
E%HIBIT I
A) LOMMERCIFLGENERALLIABILItt
GeneralpggregaleLlmit 52i000,000
Pmtlucls�CompletetlOparationsAggrega[eLimit 31000,000
PerSonalantlAWetlisingln�uryLimif 51,000,000
Eacry Occurrence 31 000,000
Fire Damage Limil(any one occutrence) 550,000
Metlical Paymenls 55,000
1) Coveiageslullbev.ril�enonanoccurrenw,nolclaimsmade (ormT�egeneal
I la�lhty oo erage shall oe wriVen in ecoortl wi�M1 I50 form CG000�or bwiness
owne�sto�mBP0002. Alltlavla�iorts�rom�he9antla�tllSOaommamialge�re�al
I lablliry form CG 0001,or Business owners torm BP 0002,shall be cleary
�aenliriea.
2) InoludelSOentlOrtemeNfotmCG2504'Desigtu�etlLxahon(s)Gene�al
Hg�regale Llml["
3) Inclutleen�orsemenlintlicatingthatmveragels�imaryanOnon-wnhibu[ory.
4) InqudaPrererva�ionofGovemmenlallmmuniliesErt]orsemenl(Sample
auacnea).
6) Inolutleatltlifionalvisuretlenaorsemenifor
The City of Oubuque,Inclutlirg all its elec�etl antl appointetl oRicials,all ils
PRIPIOYBBS 80f)VOIIlO�BBlS,811 IIS bJdl(15�00l11RII5510lI6 Bli.l'�OI3UIh0[1�1E6 3lld
theit Mard members,employees aiw volunteers.Use ISO form CG 2010
(Ongomgoperatlons)orltsequrvaient.
6) Iflessee,licensee,orparmiVeeutilizesTrikkesor9egwayslnUieoonduotot
buslness,Inclutle en erAoroement refleding Inat Nase vanlclas ara not excl W etl
fmm Gommemlal Geneml Lablllty coveage.
B) WORKERS'COMPENSATION&EMPIOYERS LIABILITV
Slatalory Lerefls coveiing all employees Injuretl on IM joD try accitlent or tlisease as
prescribe0 by lowa Cotle Chapler 85 as amentletl.
CoveiageA StaWory—S�a�eoNowa
CoverageB EmpoyersLiaClliry
EacF Accitlenl 5100000
EacnEmployee-�isease 5100,W0
PolicyLimlbDisease 5500,000
Policy sM1all IncWtle Warve�of Righl to Recwer trom O[�ers entlorsemen[.
Noneleclion of Workers Compensa�ion or Employers Liability Coverage un0er lowa
Catlesec.8Z22
_yes _IormaVaclietl
Page2o14 SCM1etluleALesuesOfCrtyPrapenpRlgM1tOlWayLicenseesorPermitleesNovember309
15
Cily of Dubuque insuranca ReqWramenK for Lessaes ot City Pmperty antl RigM of Way
Llcensees o�Pe�mittees
INSURANCESCHE�ULEA �Continued) �
C) ENVIRONMENTALIMPAIRMENTLIABILIttORPOLLOTIONLIABILITY
Coveragereqvired. _yes gno
Po1lWlon Ilabillry wverape s�all�e reqWretl if�he lessee,com�aatlrg perN,or Permimee
nas am w�wtio�e�w��,e m�ana�amam or na:amo�o��omammeiea�m�eaais
IncWaing,Dut not Ilmltetl b,pehoieum pm0u<Is,i�e removal of�eaQ asbesros,or PC&s. I
POIIWion pmtlucl antl compleletl opera�ions coverage shall alw Ce caveretl.
Eachoccurrence 52,a00,000
Poncy qqgrega�e S4,a0o,000
i) Policylolnclutle�obsi�earitlUanspotlalloncoverage.
2J Inclutlaatlaitionallnsuretlfor'.
The Clty of Dubuque,IncW�lrg all Its elected antl appointed oBicials,all ils
employees anE volunleers,all Ils W a�tls,wmmissions aiM/or auNarilias antl
their boartl members,employees antl volunteers.Use ISO lorm CG i010.
(Ongoing operailorw)as sie�etl in A(6)above or Its equlvalent.
3) InclutlePreservationofGovarnmenhllmmunitiesEntlorsement
4) ProvitleevitlenceofcWeragefor5yea5afterwmpleiiono�project.
0� PROPERTY INSORANCE REpUIREO 8V LEASE,LICENSE,OR PERMIT
_yes X rw
Eviaence of pmpeM�overage pmvidea�. _yes
Inclutled ihe CiN of Dubu�ue as�entler Loss Payable.
E) RIGHT-OF-WAYWORKONLY:
❑MBRELLAIE%CE55 81000,0�0
—yes x �
Umbrelle/excess liabllliy coverage musi�e el least following lo�m wilh iba untlerlytng
p�licies Inclutle0 herein.
Pd[fP30�4 S'h¢tlWBALP55PB501CM1yP�Op¢M1y,RIgh101WayLit¢nSPesOrP¢rrttippeSNorembe/20P
16
City of Dubuqua Insurance Requiremen[s for Laszees ot City Pwperty antl RigM1t of Way
Lkmsecs or Permittees
PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT
1. NonweiverofGovemmentallmmuniN.ThelnsurerexpesslyaB�eesaneislatesiM1aztlt2purcM1ase
ollM1ispolicyantllhelnclutlingol�heCllyufDubuyue IowaasanAWitionallmureddoesnotwaiveeny
of Iha defer�ses of Bovemmental immumty aveileda to the CRy ol DUCUQue, lowa untler Cotle of lowa
Sec�ion G]0 G as i�is rww exisls antl as 11 may be amendetl fmm time�o lime.
2. ClalmsCoveraae.iM1elnsurerNtlheragmeslM1atlhlspollcyoflnsurancesnallcoveronlytnose
claims not subled�o iM1e tlelense ol gwe�nmenfal immunity untler Ihe Cotle ol lowa Setlion 6J0 4 as il
�row exisls antl as It may be amentled fmm�ime to iime Those claims not subject lo Cotle of lowa
Sec�lon 610 4 shall be cove�etl by I�e le�ms ar�con0l�lons o���Is Imurance pollcy.
3. AssertionotGovemmenllmmuniN.TM1eCityof�ubuque,lowashallberesponsibleforassetlrtg
any tlefense of govemmenlal immuniry,antl may tlo so at any ome antl sna��Oo w upon Ine tlmery wntlen
�eques[o(t�einsurer.
4. Non-0enialofCweraoe.TM1elnsurershallno�tlenycoverageunder�hispolicyantlll�eirrsurer
s�all nol tlerry ary of 9te rigMs antl benetils accrving to Ihe Ciry of DUEuque,lowa orMer�his policy fw
reasons of govemmen�al immunily unless and un�il a coo�of cpmpe�ent I�����iction�as mled in favor of
Ihe tlefense(s)ot govemmenlel immunity essetletl by ihe Gity a!Dubuque,lawa
No Other GM1anae in Policv.The above presarvatlon ol governmantal Immunlllas sM1all not oltrervdsa
change or eller t�e mverage evailable untler ihe polioy.
SPECIMEN
(OEPAftTMENTM4NAGER: FILLINALLBLPNKSANOCXECKBOXES)
Page4o(4 �heJuleALes�esOlC2yPmpeRy;RigM1�OIWayLicenseesorPermitteesNoremEer]Ot]
�7
LEASE AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AN�
DUBUQUE COUNTY, IOWA
This Lease Agreement (the "Lease"), dated for reference purposes the 1st day of July,
2018, is entered into by and between the City of Dubuque, lowa (the "Landlord") whose
address for fhe purpose of this Lease is 50 West 13'" Street, Dubuque, IA 52001, and
Dubuque County (the "TenanY') whose address for the purpose of this Lease is 720
CentrelAvenue, Dubuque, lA 52001.
SECTION 1. PREMISES AND TERM. Landlord, in consideration of the rents,
agreements, and conditions herein contained, leases to Tenant and Tenant leases from
Landlord, according to the terms of this Lease, the following described premises (the
Leased Premises) situated in Dubuque County, lowa:
Rooms203, 204, 209, 210, 212, 213, 215, 217, 256, 267, 268, 272, and273 which
comprise four thousand four hundred eighty-five (4,485) square feet on the second
floor Federal Building, located at 350 West 6'h Street, Dubuque, lowa 52001; and,
Use of conference room which is available to all tenants �
with the improvements thereon, and all rights, easements, and appurtenances, which,
more particularly, include the space and premises as may be shown on attached "Exhibit
A", for a term of one (1)year (the "Term"), commencing July 1, 2018, and ending at 11:59
p.m. on June 30, 2019, upon the condition that Tenant pays rent therefor, and otherwise
performs as in this Lease provided.
SECTION 2. RENTAL. Tenant agrees to pay to Landlord as rental for the Term, as
follows:
Lessee will pay to Lessor as monthly rent for the Leased Premises the sum of Five
Thousand Eighty-One and 50/100 dollars ($5,081.50) ($13.60/sq. ft.) (the Base Rent)
commencing on July 1, 2018 and on the 151 day of each month thereafter during the Term
of this Lease. All sums must be paid to the Finance Department at the address of
Landlord, as above designated, or at such other place in lowa, or elsewhere, as Landlord
may, from time to time, designate in writing. Delinquent payments wiil draw interest at
9% per annum from the due date, until paid.
SECTION 3. POSSESSION. Tenant will be entitled to possession on the first day of
the Term of this Lease, and must yield possession to Landlord at the end of the Term,
except as herein othenvise expressly provided. Shouid Landlord be unable to give
possession on said date, Tenanfs only damages will 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 of Juvenile
Services.
030718ba1
SECTION 5. QUIET ENJOYMENT. Landlord covenants that its estate in said Leased
Premises is in fee simple and that Tenant, if not in defaWt, will peaceably have, hold, and
enjoy the Leased Premises for the Term of this Lease. Landlord has 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.
62 Conditions of Premises. Tenant takes the Leased Premises in its present
condition, except for such repairs and alterations as may be expressly othenvise provided
in this Lease.
6.3 Repairs and Maintenance.
(1) Landlord must replace and repair the structural parts of the building. For
purposes of this Lease, the structural parts of the building are the foundation,
exterior walls, load bearing components of interior floors and walls, the roof, and
ail sewers, pipes, wiring and electrical fixtures outside of the structure.
(2) Landlord is responsible for maintenance of all common areas under
Landlord's control. Tenant is responsible for all maintenance within the Leased
Premises.
(3) Each party must pertorm its 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 Eauipment. Decoratinq and Alterations.
(1) The following items of equipment, furnishings, and fixtures will be supplied
and replaced by the parties as follows:
Blinds: Landlord
Carpet: Landlord
(2) Any equipment, furnishings, or fixtures to be supplied by Tenant are subject
to Landlord's priorwritten approval as to quality and method of installation. Tenant
will provide all trade equipment, fumishings, and fixtures used in connection with
the operation of its business, such as telephones, computers, desks, chairs,
2
shelving, and similar items.
(3) Tenant is responsible for all interior decorating. Tenant may not make
structural alterations or improvements without the prior written consent of 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 lowa and the federal govemment, but this provision
may not be construed as creating any duty by Tenant to members of the general public,
provided, however, responsibility for compliance with the Americans with Disabiiities Act
will 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, SERVICES, PROPERTY TAXES. Utilities and services will
be furnished and paid for by the parties as follows:
PROVIDED BY: PAID BY:
% Landlord °/o Tenant
Electricity Landlord 100 0
Gas Landlord 100 0
Water and Sewer Landlord 100 0
GarbagelTrash Landlord 100 0
Janitor/Cleaning Tenant 0 100
Common areas Landlord 100 0
Property Taxes Tenant 0 100
Other: Tenant 0 100
Tenant agrees to reimburse Landlord for the property taxes attributable to the Leased
Premises and paid by Landlord within thirty (30) days after receipt of a statement from
Landlord for such property taxes.
SECTION 8. TERMINATION, SURRENDER OF PREMISES AT END OF TERM —
REMOVAL OF FIXTURES.
8.1 Termination. This Lease will terminate upon expiration of the original Term.
8.2 Surrender. Tenant agrees that upon termination of this Lease it will surrender and
deliver the Leased Premises in good and dean condition, except the effects of ordinary
wear and tear and depreciation arising from lapse of time, or damage without fault or
liability of Tenant.
3
8.3 Holdina Over. Continued possession by Tenant, beyond the expiration of its
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, orfor a new lease)will 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 Landlord's written
permission will, at the option of Landlord, make the rental for the balance of the Lease
Term due and payable at once. Such written permission may not be unreasonably
withheld.
SECTION 10. INSURANCE.
10.1 Propertv Insurance. Landlord and Tenant agree to insure their respective real and
personal property for the full insureble value. Such insurance must cover losses induded
in the Insurance Services Official Broad Form Causes of Loss (formerly fire and extended
coverage).
102 Liabilitv Insurance. Tenant must at all times during the Term of this Lease maintain
its membership in the lowa Communities Assurance Pool or provide insurance as
described in the attached Insurance Schedule as such schedule may from time to time
be revised by Landlord.
10.3 Certificates Of Insurance. Prior to the time this Lease takes effect Tenant will
provide Landlord with a certificate of insurance with these property and liability insurance
requirements. A renewal certificate must be provided prior to expiration of the current
policies.
10.4 Acts bv Tenant. Tenant will not do or omit doing of any act which would invalidate
any insurence, or increase the insurance rates in force on the Leased Premises.
10.5 Recommendations - lowa Insurance Services Office. Tenant further agrees to
comply with recommendations of lowa Insurance Services Office and to be liable for and
to promptly pay, as if current rental, any increase in insurence rates on said premises and
on the building of which said Leased Premises are a part, due to increased risks or
hazards resulting from Tenanfs use of the Leased Premises otherr✓ise than as herein
contemplated and agreed.
10.6 CopV of Lease to Insurer. Landlord and Tenant must each provide a copy of this
Lease to their respective insurers.
SECTION 77. LIABILITY FOR DAMAGE. Each party agrees it is 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.
4
SECTION 12. INDEMNITY. Tenant agrees to indemnify and hold harmless Landlord,
its officers and employees, from and against any and all claims of any kind arising out of
or related to TenanPs performance of its obligations in this Lease,
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 ot
a normal business operation and which damage is repairable within 60 days after its
occurrences, this Lease will not terminate but the rent for the Leased Premises will be
abated during the time of such business interference. In the event of a partial destruction,
Landlord will repair such damages within 60 days of its occurrence unless prevented from
doing so by acts of God, govemment regulations, or other causes beyond Landlord's
reasonable control.
13.2 Zoninq. Should the zoning ordinance of the municipality in which this property is
located make it impossible for Landlord to repair or rebui�d so that Tenant is not able to
conduct its business on the Leased Premises, then such partiai destruction will be treated
as a total destruction as provided in Section 13.3.
13.3 Total Destruction of Business Use. In the event of a destruction or damage of the
Leased Premises that is not the fault of Tenant, 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 sixty (60) days, this Lease may be
terminated at the option of either Landlord or TenanL Such termination in such event will
be affected by written notice of one party to the other, within twenty (20) days after such
destruction. Tenant must surrender possession within ten (10) days after such notice
issues and each party will be released from all future obligations, and Tenant must 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 orquasi-public purpose,each party is 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 is condemned or
taken, Landlord will not be liable to Tenant except and as its rights are preserved in
Section 13.1.
SECTION 15. DEFAULT, NOTICE OF DEFAULT AND REMEDIES.
15.1 Events of Default.
5
Each of the following constitutes an event of defaWt by Tenant:
(1) Failure to pay rent when due;
(2) FaiWre to observe or perform any duties, obligations, agreements, or
conditions imposed on Tenant pursuant to terms of the Lease;
(3) 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;
(4) Institution of voluntary bankruptcy proceedings in which the Court orders
relief against Tenant as a debtor; assignment for the benefit of creditors ot the
interest of Tenant under this Lease; 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.
152 Notice of DefaWt Landlord must give Tenant a written notice specifying the default
and giving Tenant ten (10) days in which to correct the defaWt. If there is a default(other
than for nonpayment of a monetary obligation of Tenant, induding rent) that cannot be
remedied in ten (10) days by diligent efforts of Tenant, Tenant must propose an additiona�
period of time in which to remedy the default. Consent to additional time may not be
unreasonably withheld by Landlord. Landlord is not required to give Tenant any more
than three (3) notices for the same default within any three hundred sixty-five (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 must
give Tenant a written notice of such termination. In the event of termination of this
Lease, Landlord is entitled to prove daim 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, induding attomey's fees and court costs, crediting against such
claim, however, any amount obtained by reason of such reletting.
(2) Forfeiture. If a defaWt is not remedied in a timely manner, Landlord may
then declare this Lease to be forfeited and must 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 lowa Code.
SECTION 16. RIGHT OF EITHER PARTY TO MAKE GOOD ANY DEFAULT OF THE
OTHER. If defauit is made by either party in the performance of, or compliance with, any
of the terms or conditions of this Lease, and such default continues 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 will be repaid
6
forthwith on demand, together with interest at the rate of nine percent (9%) per annum,
from date of advance.
SECTION17. SIGNS. Tenantmaynotattach, paint, orexhibitanysignsontheLeased
Premises.
SECTION 18. MECHANICS LIENS. Neither Tenant nor anyone claiming by, through,
or under Tenant, may 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-contrector, or anyone else who may furnish any material, service or labor
for any building, improvements, alteration, repairs, or any part thereof, may 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 fumish any such
material, service, or labor.
SECTION 19. LANDLORD'S LIEN AND SECURITY INTEREST. Landlord will have,
in addition to any lien given by law, a security interest as provided by the Uniform
Commercial Code of lowa, 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 TenanYs default in its performance.
SECTION 20. ENVIRONMENTAL.
20.1 Landlord. To the best of Landlord's knowledge to date:
(1) NeitherLandlordnorLandlord'sformerorpresenttenantsaresubjecttoany
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, ordisposal of toxic or hazardous
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; and
(5) Landlord assumes liability and will 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
7
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 will 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 must give immediate notice
to Landlord of any violation or any potential vioiation 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 must 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; and
(4) Tenant agrees to indemniry and hold Landlord harmless from and against
alI ciaims, causes of action, damages, loss, costs, expense, penalties, fines,
lawsuits, liabilities, attomey 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 will survive the cessation, termination,
abandonment, or expiretion of this Lease.
SECTION 21. SUBSTITUTION OF EQUIPMENT, MERCHANDISE, ETC.
21.1 TenanYs Propertv. During its tenancy, Tenant has the right to sell or othenvise
dispose of any personal property of Tenant situated on the Leased Premises, when in the
judgment of Tenant it has become obsolete, outworn, or unnecessary in connection with
the operation of the business on the Leased Premises; provided, however, that Tenant
must, 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.
212 Inventorv. Nothing herein contained will be construed as denying to Tenant the
8
right to dispose of inventoried merchandise in the ordinary course of Tenanfs trade or
business.
SECTION 22. RIGHTS CUMULATNE. The various rights, powers, options, elections,
and remedies of either party, provided in this Lease, will 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 may 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. 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, will be deemed to have been fully given or made or sent when
made in writing and 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 LANDLORD: City of Dubuque, lowa
c/o City Manager
City Hall
50 West 13'" Street
Dubuque, lowa 52001
TO TENANT: Jay Wickham
c/o Dubuque County Board of Supervisors
720 Central Avenue
Dubuque, lowa 52001
SECTION 24. CONSTRUCTION. Words and phreses herein, induding
acknowledgment hereof, will be construed as in the singular or plural number, and as
masculine, feminine, or neuter gender according to the context.
SECTION 25. COMPLIANCE WITH LAW. During the term of this Lease, Tenant must
comply with all laws applicable to TenanYs use of the Leased Premises.
SECTION 26. MISCELLANEOUS.
26.1 Governinq Law. It is agreed that this Lease will be governed by, construed, and
enforced in accordance with the laws of the State of lowa.
262 Paraqreph Headinqs. The titles to the paragraphs of this Lease are solely for the
convenience of the parties and will not be used to explain, modify, simplify, or aid in the
interpretation of the provisions of this Lease.
26.3 Modification of Aqreement. Any modification of this Lease or additional obligation
assumed by either party in connection with this Lease will be binding only if evidenced in
writing signed by each party or an authorized representative of each party.
26.4 Parties Bound. This Lease binds and inures to the benefit of and applies to the
9
respective successors and assigns of Landlord and Tenant. All references in this Lease
to "Landlord" or "TenanY' will be deemed to refer to and include successors and assigns
of Landlord and Tenant without specific mention of such successors or assigns.
SECTION 27. FORCE MAJEURE. In the event that either party hereto will be delayed
or hindered in or prevented from the pertormance of any act required hereunder by reason
of strikes, lockouts, labor troubles, unavailability of construction materials, unavailability
or excessive price of fuel, power failure, riots, insurrection, war, terrorist activities,
explosions, hazardous conditions, fire, flood, weather or acts of God, or by reason of any
other cause beyond the exdusive and reasonable control of the party delayed in
pertorming work or doing acts required under the terms of this Lease (collectively Force
Majeure), then pertormance of such act will be excused for the period of the delay and
the period for the performance of any such act will be extended for a period equivalent to
the period of such delay.
CITY OF DUBUQUE DUBUQUE COUNTY BOARD OF
LANDLORD SUPERVISORS, TENANT
,'�-�. _ � l/.�.�
ev: f _ By: /
Michael C. Van Milligen Jay ickham
City Manager C� airperson
L
F\Users\tsteckle\LintlahM t \0 b C t J I S L 2018-2�19 022018tl
10
EXHIBIT A
THE LEASED PREMISES
11
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12
INSURANCE SCHEDULE A
CITY OF DUBUQUE INSURANCE REQUIREMENTS FOR LESSEES
OF CITY PROEPRTY AND RIGHT OF WAY
LICENSEES OR PERMITTEES
13
Cityof Dubuque Insurance Requirements for Lessees ol City Property and Right of Way
Licensees or Permittees
INSURANCE SCHEDULE A
i. meauesnaw����snas�g�aaoen�r�ieor�:�re�cemmewyoro�euq�e,iowaro�me
cwerage requiretl in 6ehibit I prior�o Ihe lease,license,or permit mmmememen[All lessees ol
Qly pmpetly antl right of way licensees or permil[ees sM1all sWmit an uptlaletl certilicate
noelly,Eaoh oer0lioale sball la preparetl on ihe most cu�renl HCOR�lorm approvetl W�he
Insorance Dlvlslon or an equivalenl.Each ceni6cale slrall Irclutle a statement unoer
DescriptionofOpe�a�ionsas�owhylheceRificalewaslssuedEg: Projeclk oNeaseaf
p�emisesat orconstmctionof� orrigMofwaypermitletl
mcauon antl tlescnpnon Lease A9reement tlatea
2. NlpoliciesofinsurancerequiretlbereuntlersM1allbewithaninsurerautMrizetl[otlobusinessin
lowa antl all Insurers sM1all have a raling of A or betler In IM1e wrrent A.id. 9esfs Rating Guitle.
3 EachcetlifcateshallbelumishedtoOeLeisureServicesDepartmen[oflheClryofDub�que.
4. The lessee,ficensee,or permttlee shall be requlred lo carry Ihe minimum oovera8e/Ilmlts,or
grealor If reqWred Oy lew or otM1er le8al aBreement,ln EhM1ibl[I.FaIWre to W%'�tle Ihe requlretl
mmimum covera�e s�all nol be deemetl a waiver of sucM1 requiremen5 by Ihe City at DUNque.
5. FaiWre�o oblaln or main�ain t�e requiretl'msurance sM1a�l be consitleretl a material breacM1 of IM1e
iease,iicanse,or permit.
6. �111requiretlentlorserten6shallbeatlac�etlloceRlf¢ale.
]. WM1eneve�aspecificl50formisre(erencetliM1ecurrenletllfonoff�efotmmuSlbeuse0unless
an equivalenl form is appwetl by tM1e Flnance Dlrector.TM1e lessee,licens¢e,or permltlee must
identi/y and lis�in writing all tleviations and exclusions Irom�M1e ISO form.
e. If lessee's, lioensee's,or permlVee's Ilmtts o1IlaGIIN are h�qher Ihan IM1e requlretl minlmum Ilmlts
Ihen Ihe lessee's,Ilcensee's,o�pe�mlRee's IImrtS s�all be 1�I5 dgreemenPs�eqNred Ilmps.
9_ LP56¢¢�IICElIS�E�OI�Rf1�IIE25hd1�l2QU�f2011WbC00VdG10lSBOU6Ub511bL001f0G10RI00b�d10
ana maln�aln tlunng t�e peRo�manre of wotk Insureze brtbe cove�ages tlesc�ibetl in tM1is
nce ScneaNe antl shan ouain certificates ot insurance fmm a�l sucn subcontracmrs antl
sub�e bcontreotors_Lessee,Iicensee,oe permltea agrees ihat lt shali be Ileble(or�M1e(alWre of a
subconhador antl sab-subcont2clo��o obtain aM mainWin SucM1 coverage.The Ci�y may
requesl a copy ot such wrtifcaies fmm Ihe lessee,licensee,or permi¢ee.
Pdtf¢tOt9 SCM1etluleALesseesOlCrtyP�opeMlA�9h���WayLicenseesorPe�mitteesNcvember301]
14
City of Dubaque Insurance Requirements for Lessees of City Property and Right of Way
Licensees or Permittees
INSURANCE SCHEDULE A (Continued)
E%HIBIT I
A) COMMERCWLGENEPALLIABILITY
Geneml AggreBa�e Llmit 82,000,000
Protluc[s-0ompletetl Ope�a�ions f�qgre�ate Limit $1 000,000
Pe�sonelandAWertisinglnjuryLimil 51000,000
Eac�iocc�rrence S�000,000
Fim Damage Limit(any one occorrence) 550,000
MetlicalPaymerAs $5,000
i) CoveragesM1allbewriRenonanaccurtence,notclaimsmatle,form.T�egeneal
Ilabillty Coverage 6M1all be wri�ten in acCoftl wll�I50 fOrT CG000'I of business
ownersformBP0002. Alltlevia[ionsfmmNestarrlar0150wmmercialgeneral
Ilablllry form CG OOOi,or Business o�mere form BP 0�02,shall be clearly
itleniitietl.
2) In:ludelSOendorsemenlformCG2504"Deslgna�etlLocatlon(s�General
Hggtegate LimiC'
3) Irw-Iudeer�tlorsementintlicatin��M1a�coverageisprimaryaritlnonconlriWtory.
4) Inclutic Preservation of Govemmen�al Immunilies Entlorsemen�(Sample
atlaobetl)_
5) IncluCeadaitionallnsuretlendorsementfor:
TM1e Gi�y of Dubuque,incNOifg all Its electetl antl app�inletl oRicials,all its
employees ana volunteers,all Ils W ards,commissions aM/or au�horilies antl
theit board members,employees and volunfeers.Use ISOform CG 2010
(Orgoing opera�ions)or its eqmvalen�.
G) Iflessee,lioensee,orpermitleeu�ilizesTrikkesorSegwaysinlhecontluolol
Ouslness,Incluae an eMorsemen[rellecting lOat I�ese veNcles are rot exclutletl
from Commercial Generel Llabifily ooversge
B) WORKERSCOMPENSNTIONSEMPLOVERSLIABILITY
SfaWiory Cenefi�s cove(�g all employec�s InNretl on IM1e lob by amltlenf or d�sease ac
prescribetl by lowa Code GFapier 85 as amentled.
CoverageA 6taNlory�Slalaoflowa
CoverageB EmployereLiability
Eachnccitlent Si00.000
EacM1Employee-Disease 5100,000
PolicyLimil-0isease 5500,000
POlicy sMll IncWtle Waiver ot RigM lo Recover tmm Others entlorsement.
Nonelection of Workers'Compensatlon or Employers Liabili�y Goverage urqer lowa
Coae sec.8]22
_yes _formaUac�etl
Page4o(4 SchetluleALessees01C2yPmperly;Ri9h�bWayLicenseesorPer�rvtleesNovemberlfll)
15
city ot oubnque Insman<e Requirements tor Lessees of Clty Property ana Rieht of way
Llcensees or Permittees
INSURANCE SCHEDULE A (Continued) �
C� ENVIRONMENTALIMPNI0.MENTLIABILITYORPOLLOTIONLIABILITY
CoveraBerequire0: _yes �co
Pollulion liabllity m erage shall be requiretl Il�he lessee,conlracting parly,ot pe�mihee
nas any p�llutlon exposure ror abatemenl or M1azartlous or contaminatetl malerials
Inclutling,ON not Ilml�etl�o,peholeum pmduc[s,Ihe removal o�leatl,asbestos,o�PC85
Pollution pmtluc�antl wmpletetl opera�ions coverage s�all also be coveretl.
ea�no���re��e sz,000,oao
PolcyAggregale 54000,000
�J PollcytolncWee�obsilearqVanspotla�loncovetage.
2) Ircluaeatltlllonallnsuretlfoc
The Clry ol Dubuqva,IncluORg all ds elec[e0 entl appNntetl offlclels,all ls
emplvyees antl volun�eers,all Ils Coaras,commissions antl/or auNorilies ana
tM1eir board members,employees arxl volunteers.Use ISO form CG 2010.
(O�going opera�ions)as s�a�etl in A�6)above or its eQuivalent.
3) InolutlePreszrva�lonolGovemmentallmmunlllesEntlorsement.
4) PwvideavidenaeofcoveraBatorSyearsattercompletlonofprqect.
D) PROPERTY INSIIRNNCE REqUIRE�BY LEqSE,4LENSE�OR PERMIT
_yes X n
Eviaence or popefry cmerage povieea�. _yes
Inclutled P.e City o�Dubuque az LeMer Loss Payable.
E� RIGHT�OF-WAYWORKONLY:
UMBRELLAIEXCE55 $1000,000
_yes X n
Umbrellalexcess liadlity coverage must be at leazt fallowing torm wiU 0e untletlying
�nllcies inclutletl herein.
Page30f4 $FeEulePLesseesOfCAyPmperty;RigM1101WayLicenseesorPermitteesNovemberP01]
16
Ci�yof Dubuque Insurance Requiremenfs(o�Lessees of Glty P�operty antl RigMof Way
Licensees or Pe�m�ttees
PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT
t NonwarverofGovernmentallmmuniNTheinsurerexpesslyagreesaMs[atesthatihepurohase
ol tM1is p�llcy antl the Inclutling of IM1e City of Dubuque,lowa as an Atlrlitional Insuretl does not waive any
of[ne Oefenses of govcrnmenlal immunity available b Ne Ciry of DaOuque,lowa vnder Gotle ol Imva
Sedion 6JOA as i�is now exists and as 1�may be amentletl fmm�ime lo time.
2. ClalmsCoveraaeTlleinsVretfurtllelagleeslha�lNspollcyolNsufanceSM1allcoveronlytM1ose
not subject to iM1e tlelense ol governmental immuniry unaer Ne Cotle o/lowa SeGion 6]OA as 11
xists arq as it may be amentled Imm lime lo time.Tlrose claims no�subjed io Code of lowa
Section 6�0.4 sM1all be coveretl by Ihe terms antl coMl(ons ol IMs Insu�ance pollty.
3. AssertionofGovemmenllmmunllv.TM1eCityof�ubuque,lowashallberesponsibleforasse�iqq
any defense af govemmental immunity,arW may ao so at any time antl sM1all do so up�n tM1e timely wrinen
reqUes[of Ihe insure�.
4. Non-0enialofCoveraoe.TM1elnrvrersM1allnoltlenycoverageuntlerlhispolicyanaiM1einsurer
sFell rrot tleny afry of R�e rigM1[s end benelits acorving m Ihe pry of DuOuqux,lowa under�his polioV lor
reasons of govemmenlal Immoniry unless antl unlll a coutl of competent�urlsdictlon has ruled In fawr of
[�e tlefense(s)of gmemmonial Immurnry essetletl by Ne Clty ol Dubuque,lowa.
No Ofhe�Chanae in Policv.Tpe above preservatlon ot govemmental immuni�ies s�all nol ot�erv+ise
ohange or al[er the mveeaga avel leble vntler the poBcy_
SPECIMEN
(OEPARTMENTM1MNqGER: FlLLINALLBLANKSANDCHECKBOXES)
Page4of4 ScFetluleALe5xe50tCRyPmpeRy;RigM1lIXWayCmenseesorPermitteesNwember40t]
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