Signed Contract_DALMC Lease in Federal Building Copyrighted
May 21 , 2018
City of Dubuque Consent Items # 19.
ITEM TITLE: Signed Contract(s)
SUMMARY: Belstar Media Lease for Federal Building space; Dubuque
Area Labor-Management Council Lease for Federal
Building space; Dubuque County Lease for Federal
Building space; lowa State University of Science and
Technology Lease for Federal Building space; United
States Postal Service Lease for Federal Building space;
Dubuque by Carriage/Colleen Lindstrom Lease for
Commercial StreeUDock Board Building; Larry
Gearheart Revocable License for fence maintenance at
1580 Jackson Street.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File
ATTACHMENTS:
Description Type
Belstar Media Lease Supporting Documentation
DALMC Lease Supporting Documentation
Dubuque County Lease Supporting Documentation
ISU Lease Supporting Documentation
USPS Lease Supporting Documentation
Dubuque by Carriage/Lindstrom Lease Supporting Documentation
Gearheart Revocable License Supporting Documentation
LEASE AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
DUBUQUE AREA LABOR-MANAGEMENT COUNClL
This Lease Agreement (the "l.ease"), dated for reference purposes the day of March
1, 2017, is entered into by and between the City of Dubuque, iowa ("l.andlord") whose
address for the purpose of this Lease is 50 West 13'h S#reet, Dubuque !A 52001, and
Dubuque Area Labor-Managemenf Council ("Tenant") whose address for the purpose of
this Lease is P.O. Rox 14, Dubuque, IA 52004-0014,
SECTION 1, PREMISES AND TERM. Landlord, in consideratian 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:
� 681 sq. feet, second floor Federal Building, located at 350 West 6�' Street,
Dubuque, IA, 52001, Rooms 236 and 237.
with the improvements thereon, and all rights, easements and appurtenances, which,
more par#icularly, includes the space and premises as may be shown on attached
"Exhibit A,", far a ferm of two (2} years {the "Term"), commencing March 9, 2017, and
ending at 11:59 on February 28, 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
fallaws:
2.1 Lessee will pay to Lessor as monthly rent for the Leased Premises the sum af
Seven Hundred One and 43l100 doliars ($701.43} (the Base Rent) commencing on
March 1, 2017 and on the �St day of each month thereafter during the first year of the
Initial Term of #his lease. A!I sums must be paid to the Finance Department at the
address of the Landlord, as above designated, ar at such ather place in iowa, or
elsewhere, as Landlord may, from time ta time, designate in writing. Delinquent
payments wiil draw interest at 9% per annum from the due date, until paid.
2.2 Beginning March 1, 2018, the Base Rent will be Seven Hundred Twenty-Two and
47/100 ($722.47) and paid to the Lessor on the 1 St day of each month thereafter.
SECTION 3. POSSESSION. Tenant will be entitled to possessian 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
passession on said date, TenanYs only damages wil! be a rebating of the pro rata rental.
��CTIOf� �. t➢S� OF PRE94�9��5. T��an2 c��ver�ar�ts ar�� agr��s �urir�g th� �erm �i
this Lease to use and to occupy the Leased Premises only for business use.
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SECTION 5. QUIET ENJDYMENT. Landlord covenants that its estate in said Leased
Premises is in fee simpie and that Tenant, if not in default, 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 a# 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" rneans to fix and restore to good condition after damage,
deterioratian or partial destruction.
6.2 Conditions of Premises_
(1) Tenant takes the Leased Premises in its present condition, except for
such repairs and altera#ions as may be expressly otherwise provided in this
Lease.
6.3 Repairs and Maintenance.
(1) Landlord must replace and repair the structural parts of the building. Far
purposes of this Lease, the structural parts af the building are the foundation,
exterior walls, load bearing components of interi4r floors and walls, the roof and
alI sewers, pipes, wiring and electrical fixtures outside of the structure.
(2) Landlord is responsible for maintenance of all common area uncler
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 #hat 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, Decoratinq and Alterations.
{1) The space shall be used as an affice. Landlord will replace the window
coverings and provide access to high spee� ir�tern�e'. Landlord will also put
Tenant's name on the office door in the leased space.
(�y Any ��vipme�t, f�arndshings �� ��ctc�r�s to be suppPied by �enant sha�t �e
subject to Landlord's prior written approval as to quality and method of
installation. Tenant will provide all trade equipment, furnishings and fixtures used
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in connection with the operation of its business, such as telephones, computers,
desks, chairs, shelving and similar items.
(3) Tenant is responsible for all interior decorating. Tenant will make no
structurat alterations nr improvements withnut the prior writ#en consent of the
Landlord,
6.5 Americans With Disabilities Act.
Tenant will make no unlawfu! use of the Leased Premises and agrees to comply
with all valid regulations of the Board of Health, City Ordinances, #he iaws of the
State of lowa and the federai government, but this provision may not be
construed as creating any duty by 7enant to members of the general public,
provided, however, responsibility for compliance with the Americans with
Disabilities Act wili be performed and paid for by the parties as follows:
Common areas Landlord: 100%
Tenan#'s area:
Initial compliance (specify} Landford: 100%
Future compliance Landlord: 100%
SECTION 7. UTi�ITIES, SERVICES, PROPERTY TAXES. Utilities and services will
be furnished and paid for by the parties as fallows:
PROVIDED BY: PAID BY:
% Landiord % Tenant
Electricity Landlord 100 0
Gas Landlord 100 0
Water and Sewer Landlard 100 0
Garbage/Trash Landlord 100 0
Phone access* Landlord 1 QO 0
Property Taxes Tenant 0 100
Janitor/Cleaning Tenant 0 100
Common areas Landlord 100 0
Other: Tenant 0 100
'"Tenant buys phones and email system.
SECTION 8. TERMINATION, SURRENDER OF PREMISES AT END OF TERM --
REMOVAL OF FIXTURES.
8.1 Termination. City may terminate this Lease any time after giving the DALMC
thirty (30) days written notice. ln such event of eariy termination, Tenant will be
relocated at Landlord's expense far actual expenditures up to $8,500.00.
8.2 Surrender. Tenant agrees that upon termination of this Lease it will surrender
�n� d�liver t3�e �eas�d Premis�s in goo� a�d cf�a� co�ditio�, exc��� i�e e�fi�c:� af
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 Haldinq Over. Continued possession by Tenant, beyond the expiration of its
tenancy, coupled with the receipt of #he specified rental by Landlord (and absen# a
written agreement by both parties for an extension of this Lease, or for a new iease) will
constitutE a mont�i t� rnonth 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 SUBLETTJNG. Any assignment of this Lease or
suble#ing of #he Leased Premises or any part thereof, without the Landlord's written
permission will, at the option of Landlord, make #he 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 Property Insurance. Landlord and Tenant agree ta insure their respective real
and personal praperty for the full insurabie value. Such insurance must cover losses
included in the Insurance Services Official Broad Form Causes of Loss (formerly fire
and extended coverage}.
90.2 Liabilit Insurance. Tenant must at all times during the term of this Lease provide
insurance as described in the attached Insurance Schedule as such scheduie may frorr�
time #o time be revised by Landlord.
10.3 Certificates of Insurance. PriQr to the time this Lease takes effect Tenant wifl
provide Landlord with a certificata of insurance with these property and liability
insurance requirements. A renewal certificate shall be provided prior to expiration af the
current palicies.
10.4 Acts Bv Tenant. Tenant wilf 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 Office. Tenant further agrees to
camply with recommenda#ions of lowa lnsurance Services Office and to be liable for
and to promptly pay, as if current rentaf, any increase in insurance rates an said
premises and on the building of which said Leased Premises are a part, due to
increased risks or hazards resulting fram Tenant's use of the Leased Premises
otherwise than as herein contemplated and agreed.
10.6 Copy of Lease to Insurer. Landlord and Tenant must each provide a copy of this
Lease to their respective insurers.
SECTION 11. UABfLITY FOR DAMAGE. Each par#y agrees it is (iable ta the other
far all damage to the property of the other negligently, recklessly or intentionally caused
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by that party, or their agents, employees or invitees).
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 Tenant's perfiarmance of its obligations in this Lease.
SECTION 13. FIRE AND CASUALTY.
13.1 Partial Destruction of Premises. In the event of a partia! destruction or damage
of the Leased Premises, which is a business interference which prevents the cond�cting
of a normal business operation and which damage is repairable within 60 days after i#s
occurrences, this Lease wil! 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 reasanable control.
13.2 Zoninp• Should the zoning ordinance of the municipaiity in which this property is
located make it impossible for Landlord to repair or rebuild so that Tenant is not able #o
conduct its business on the Leased Premises, then such partial destruction will be
treated as a total des#ruction as provided in the ne� paragraph.
13.3 Total Destruction of Business Use. In the event of a destruction or damage of
the Leased Premises that is not #he 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
#erminated at the option of either Landlord or Tenant. Such termination in such event
will be effected by written notice of one party ta the other, within 20 days after such
destructian. Tenant must surrender possession within 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 destructian. 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 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 reasanable.
14.2 Da#e of Lease Terminatian. If the whole of the Leased Premises shall be
candemned or taken, Landlord will not be liable fo Tenant except and as its rights are
preserved in paragraph 13.1 above.
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SECTIt}N 15. DEFAULT, NOTICE OF DEFAULT AND REMEDIES.
15.1 Events of Default.
Each of the following constitutes an event of der`ault by Tenant:
{9) Failure to pay rent when due.
(2) Faifure to observe or pertorm any duties, obligations, agreements
or conditions imposed on Tenant pursuant to terrr�s 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 af vofuntary 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 agreement;
appointment of a receiver for the property or affairs of Tenant, where the
receivership is not vacated within ten (10) days after the appointmen# of
the receiver.
15.2 Notice of Default. 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
default (other #han for nonpayment of a monetary obligation of Tenant, including rent)
that cannot be remedied in ten (10) days by difigent efforts of Tenant, Tenant must
propose an additional period of time in which to remedy the default. Cansent to
additional time may nof be unreasonably withheld by Landlord. Landlord is not required
to give Tenant any more than three nofices far 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 must
give Tenant a written notice of such termina#ian. In the event of termination of
this Lease, Landlord is entitled #o prove claim for and abtain judgment against
Tenant for the balance of the rent agreed to be paid for the Term herein
pravided, plus all expenses of Landlord in regaining possession of the Leased
Premises and the reletting thereof, including attorney's fees and court casts,
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, Landford may
the� �e�Pa�e thes �eas� �� be �a�eited an�d mzsl �i�e T�nanf a �,v�ifit�n �afice of
such forfeiture, and may, a#the time, give Tenant the notice #o quit provided for in
Chapter 648 of the Code of lowa.
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SECTION 16. RIGHT OF EtTHER PARTY TO MAKE GO�D ANY DEFAULT OF
THE OTNER. If default is made by either party in the performance of, or compliance
with, any of the terms or conditions af this Lease, and such default continues for thirty
(30) days a#fer 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 forthwith on demand, #ogether with interest at the rate of 9°/a per annum,
from date of advance.
SECTfON 17. SIGNS. Tenant may not attach, paint or exhibit any signs on the
Leased Premises. The landlord will place name on the office door (Dubuque Area Labor
Management) and will add tenants name #o marquee in the building lobby.
SECTION 18. MECHANIC'S LIENS. Neither Tenant nor anyone claiming by,
through, or under Tenant, may file ar place any mechanic's liens or other lien of any
kind or character whatsoever, upon said Leased Premises or upon any building or
improvement therean, or upon fhe leasehoid 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,
may at any time be or became entitled to any lien on the Leased Premises, and for the
further security of Landiord, 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 99. LANDLORD'S LIEN AND SECUFtITY INTEREST.
19.i Landlard's Lien. Landlord will have, in addition to any lien given by law, a security
interest as provided by the Unifarm Commercial Code of lowa, upon all personal
property and all substitutians thereof, kepf and used on said Leased Premises by
Tenant. Landlord may proceed at law ar in equity with any remedy provided by law or
by #his Lease for the recavery of rent, or far termination of this Lease because of
Tenant's default in its performance.
SECTION 20. ENVIRONMENTAL.
2Q.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 hazardaus substances, air emissions,
other enviranmental matters, and all zoning and other land use matters.
(2) Any handling, transportation, storage, treatment, or use of toxic or
�azarda�� substa�ces �P�afi has occurrec� or� th� Leas�� ;�Pemis�s has �een ���
compliance with all applicable federal, state and local codes, rules and
regulations.
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(3} No leak, spill refease, discharge, emission or disposal of toxic or
hazardous substances has occurred on the Leased Premises.
(4) The soil, groundwater, and soil vapnr on or under the Leased Premises is
free of toxic or hazardous substances.
(5) Landlord assumes liability and wil! indemnify and hold Tenant harmfess
against all liabiiity or expense arising from any conditian 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 candition arises after date of execution but
which is not a result af actions of Tenant.
20,2 Tenant. Tenant expressly represents and agrees:
(1) During the Lease Term, Tenant's use of the Leased Premises will nat
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
cansent may be withheid or may be granted with any conditions or requirements
that Landlord deems apprapriate;
(2) During the Lease Term, Tenant will be fully liable for all costs and
expenses rela#ed to the use, starage, remaval and disposal of hazardous
substances used or kept on the Leased Premises by Tenant, and Tenan# must
give immediate notice to Landlord �f any violation or any potential violatian of any
environmental regulation, rufe, 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.
(4} Tenant agrees to indemnify and hald Landlord harmless from and against
a!I claims, causes of action, damages, lass, costs, expense, penalties, fines,
lawsuits, liabilities, attorney fees, engineering and consulting fees, arising out of
or in any manner connected with hazardaus substances, which are caused or
created by Tenant on or after the date of this Lease and during any term of this
Lease, incfuding, but not fimited to, injury or death to persons or damage to
property, and including any diminutian of the value of any Leased Premises
which may result from the foregoing. This indemnity shall will the cessation,
te�rriina#ior�, abac�ti��me�� oP �xpiratior� ar th�s �.Eas�.
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SECTION 21. SUBSTITUTION OF EQUIPMENT, AAERCHANDISE. ETC.
21.1 Tenant's Propertv. During its tenancy, Tenant has #he 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, outworn or unnecessary in connection
with the operation of #he business on the Leased Premises; provided, however, that
Tenant must, in such instance {unless na substituted article or item is necessary) at its
own expense, substitute for such items a new or other item in subs#itution thereof, in like
or greater value.
21.2 Inventorv. Nothing herein con#ained shall be construed as denying to Tenant the
right ta dispose of inventoried merchandise in the ordinary course of Tenan#'s 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 af 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
entifled 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:
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TO LANDLORD: City of Dubuque, lowa
c/o City Manager
City Hall
5Q West 13th Street
Dubuque, lowa 52001
TO TENANT: Dubuque Area Labor Management Cauncil
c/o Kelly Coaper
PO Box 14
Dubuque, lowa 52004-0014
SECTION 24. CONSTRUCTION. Words and phrases herein, including
acknowledgment hereof, will be construed as in the singular or plural number, and as
masculine, feminine or neuter gender according to the context.
�E��'IOi� 25. ��91►1��V;��IC� `�IPa`GH 9��. ��ring �he t�rm of this Leas�, �er�anY
must comply with afl laws applicable to Tenant's use of the Leased Premises.
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SECTION 2fi. 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.
26.2 Para.c�raph Headinas. 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 af Aqreemenf. 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 ta the
respective successors and assigns af Landlord and Tenant. All references in this Lease
to "Landlord" or "Tenant" will be deemed ta refer to and included successors and
assigns of Landlord or Tenant without specific mention of such successors or assigns.
SECT(ON 27. FORCE MAJEURE. !n the event that ei#her 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, �re, fload, weather or acts of God,
or by reason of any other cause beyond the exclusive and reasonable cantrol 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 ta the period of such delay.
CITY OF DUBUQUE, DUBUQUE AREA LABOR-
LANDLORD MANAGMEMENT COUNCIL,
TENANT
p
By:
Michael . Van Mifligen Keily C p r
City Manager Executiv Director
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