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Signed Contract_Lamar Advertising 1st Amendment to Lease Agreement Copyrighted February 4, 2019 City of Dubuque Consent Items # 12. ITEM TITLE: Signed Contract(s) SUMMARY: Lamar Companies First Amendment to Lease Agreement for 280 South Locust Street. SUGGESTED DISPOSITION: Suggested Disposition: Receive and File ATTACHMENTS: Description Type Lamar Companies FirstAmendmentto Lease Supporting Documentation Agreement(with original 2017 lease) i � 1 '"Ti� LAMAR ADVERTISING OF DUBUQUE� QUAD CITIES January 14, 2019 Michael C. Van Milligen, City Manager City of Dubuque 50 West 13� Street Dubuque, IA 52001 RE: First Amendment to Lease Agreement between City of Dubuque and Lamar Companies Dear Mike, Enclosed is a signed original of the amendment to our billboard lease at Second and Locust Street. Thank you for expanding the coverage a.�ea to include neighboring county businesses the opportunity to be placed at this location.. I appreciate the opportunity extended to us for the Connector"tree" location as well, and look forward to receiving a new agreement for that location soon. Thanks again, Milce. Sincerely, James P. Schumacher Vice President/General Manager Larnar Advertising of Dubuque 1130 Kerper Court • Dubuque, lowa 52001 • 563.556.4141 • 877.406.3495 • fex 563.556.0648 FIRST AMENDMENT TO THE LEASE AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND THE LAMAR COMPANIES This Amendment, dated for reference purposes the -� day ofi � �'�,�v"�;; , 2019, is made and executed between the City of Dubuque, lowa, (City), � municipal corporation, and Lamar Advertising of Dubuque Quad Cities (Lamar). WHEREAS, City and Lamar entered into a Lease Agreement on July 1 , 2017 for: One (1) side-by-side, 12' x 25' 2-pole structure located on the south property line of the parking lot at 280 South Locust Street, Dubuque, lowa and City and Lamar now desire to amend a term of the original agreement. NOW, THEREFORE, in consideration of the mutual covenants and agreements of the City and Lamar, each to the other, it is agreed as follows: 1. Effective February 1, 2019, Section 1.2 of the Lease Agreement is deleted in its entirety and the following placed in its stead: 1 .2 Lessee's use of the Demised Premises is exclusively for advertising on Lessee's existing billboards. The advertising on such billboards is limited to advertisers with a physical location and presence in the following lowa, Illinois, and Wisconsin counties that are contiguous to the City of Dubuque and Dubuque County: Dubuque County, lowa Clayton County, lowa Delaware County, lowa Jones County, lowa Jackson County, lowa Jo Daviess County, Illinois Grant County, Wisconsin 2. Except as amended above all other terms and conditions of the Lease Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Lease Agreement as of the date set forth herein above. CITY OF DUBUQUE THE LAMAR COMPANIES LESSOR LESSEE �-------- -. B : � By: Y Michael C. Van Milligen James . Schumacher City Manager Vice President/General Manager I LEASE AGREEMENT BETWEEN { THE CITY OF DUBUQUE, IOWA AND THE LAMAR COMPANIES This Lease Agreement (the Lease), dated for reference purposes the �day of � , 2017, is entered into by and between the City of Dubuque, lowa (Lessor), w ose address for the purpose of this Lease is 50 West 13th Street, Dubuque, � IA 52001, and The Lamar Companies (Lessee), whose address for the purpose of this i Lease is 1690 Elm St, Dubuque, IA 52001. i 1 SECTION 1. DEMISE AND TERM. I 1.1 Lessor, in consideration of the rents agreements, and conditions herein contained, ; leases to Lessee the real property described as follows: One (1) side-by-side, 12' x 25' 2-pole structure located on the south property line ; of the parking lot at 280 South Locust Street, Dubuque, lowa j (the Demised Premises), to have and to hold for a term of two (2) years (the Term) � commencing July 1, 2017, and terminating at 11:59 p.m. on June 30, 2019, upon the condition that Lessee pays rent therefor, and otherwise performs as in this Lease provided. ; ; , 1.2 Lessee's use of the Demised Premises is exclusively for advertising on Lessee's existing billboards. The advertising on such billboards is limited to advertising for entities a located within the city of Dubuque, lowa. 1.3 Lessor makes no representations or warranties of any kind as to the condition, including the environmental condition, of the Demised Premises and Lessee accepts the � Demised Premises as is. SECTION 2. RENTAL. � 2.1 Lessee must pay Lessor annual rent for the Demised Premises as follows: (a) For the period from July 1, 2017 through June 30, 2018: ; (i) On or before July 1, 2017, Two Thousand Six Hundred Twenty-Five ; and No/100 dollars ($2,625.00); and i i (ii) On or before July 31, 2018, the difference, if any, between Two � Thousand Six Hundred Twenty-Five and No/100 dollars ($2,625.00) and twenty percent (20%) of Lessee's gross revenue from advertising on its � � , 070915ba1 � biliboards on the Demised Premises for the period from July 1, 2017 through i June 30, 2018; ! i such total being the Base Rent. ; I , (b) For the period from July 1, 2018 through June 30, 2019, the rent will be increased by three percent (3%) of the Base Rent. i � (c) All rent payments must be delivered to the City of Dubuque Finance I Department. � ; � 2.2 Lessee must pay for all utilities serving the Demised Premises. ; � � 2.3 Lessee must reimburse Lessor for any real estate taxes attributable to the ' Demised Premises within thirty (30) days of receipt of a statement from Lessor for such � taxes paid by Lessor. SECTION 3. IMPROVEMENTS. Lessee may not construct on the Demised Premises ! any improvements, nor alter or enlarge the improvements presently on the Demised Premises (the Improvements) except as may be agreed upon in writing by Lessor and Lessee. Lessor, through its City Manager, has have the right to approve the design, ; appearance, and quality of any such improvements. All improvements presently on the ! Demised Premises and all Improvements hereafter constructed on the Demised Premises ' are and will be the property of Lessee during the term of this Lease and upon any termination of this Lease, by reason of any cause whatsoever, Lessee within thirty (30) days thereafter must remove all such Improvements and restore the Demised Premises to the condition it was in immediately prior to the commencement of the term of this Lease and to the full satisfaction of Lessor. SECTION 4. ENCUMBRANCE OF LESSEE'S LEASEHOLD INTEREST. Lessee may not encumber by mortgage, deed of trust, or other instrument, its leasehold interest and estate in the Demised Premises, or any Improvements placed by Lessee on the Demised Premises, as security for any indebtedness of Lessee. SECTION 5. REPAIRS AND MAINTENANCE. Lessee must at all times during the term of this Lease, at Lessee's own costs and expense, keep the Demised Premises and the Improvements thereon, in superior order, condition, and repair, casualties and ordinary wear and tear excepted. Lessee must keep the Demised Premises in such condition as may be required by law and by the terms of the insurance policies furnished i pursuant to this Lease, whether or not such repair is interior or exterior, and whether or not such repair is of a structural nature. Upon reasonable notice to Lessee, Lessor may, � at its discretion, conduct an inspection of the DemiSed Premises to determine Lessee's ; compliance with this Section 5. � i i SECTION 6. COMPLIANCE WITH LAW. During the term of this Lease, Lessee must i comply with all laws applicable to Lessee's use of the Demised Premises. ' 2 i SECTION 7. USE OF DEMISED PREMISES. Lessee may not use or allow the � Demised Premises to be used or occupied for any unlawful purpose or in violation of any � certificate of occupancy. Lessee may not suffer any act to be done or any condition to � exist within the Demised Premises or in any Improvement thereon, which may be dangerous, unless safeguarded as required by law, or which may, in law, constitute a � nuisance, public or private, or which may make void or voidable any insurance in force ; with respect thereto. � 1 � SECTION 8. INSURANCE. i i 8.1 Lessee Insurance. Lessee agrees to maintain insurance in compliance with City ; Insurance Schedule A attached as Exhibit A. j i 8.2 Lessor Insurance. Lessor agrees to maintain property insurance coverage on the ', premises. Lessor agrees to maintain membership in the lowa Communities Assurance I, Pool (ICAP). � 8.3 Certificates Of Insurance. Prior to the time this Lease takes effect Lessee must 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 j policies. , SECTION 9. WDEMNIFICATION. Lessee will defend, indemnify, and save harmless ; Lessor from and against all liabilities, obligations, claims, damages, penalties, causes of '� action, costs, and expenses (including without limitation, reasonable attorneys' fees and expenses) imposed upon or incurred by or asserted against Lessor by reason of (a) any i accident, injury to, or death of persons or loss of or damage to property occurring on or about the Demised Premises during the term of this Lease and resulting from any act or omission of Lessee or anyone claiming by, through, or under lessee during the term of the Lease; and (b) any failure on the part of Lessee to perform or comply with any of the ; terms of this Lease. In case any action, suit, or proceeding is brought against Lessor by reason of such occurrence, Lessee must, at Lessee's expense, resi�t and defend such action, suit, or proceeding, or cause the same to be resisted and defended by counsel approved by Lessor. SECTION 10. CONDEMNATION. If at any time during the term of this Lease, all or substantially all of the Demised Premises or the Improvements thereon are taken in the ' exercise of the power of eminent domain by the State of lowa or the United States, then this Lease will terminate on the date of vesting of title in such taking and any prepaid rent will be apportioned as of said date. ' 1 SECTION 11. ASSIGNMENT AND SUBLETTING. Lessee may not assign or transfer ; this Lease or sublease the whole or any part of the Demised Premises. j i SECTION 12. DEFAULT. If Lessee fails or neglects to observe, keep, or perForm any of ; the covenants, terms, or conditions contained in this Lease on its part to be observed, � kept, or perForated, and the default continues for a period of five (5) days after written ' 3 notice from Lessor setting forth the nature of Lessee's default, then and in any such event, Lessor has the right at its option, on written notice to Lessee, to terminate this Lease, and all rights of Lessee under this Lease will then cease. Lessor, without further notice to � Lessee, has the right immediately to enter and take possession of the Demised Premises a with or without process of law and to remove all personal property from the Demised ' Premises and all persons occupying the Demised Premises and to use all necessary 1 force therefore and in all respects to take the actual, full, and exclusive possession of the � Demised Premises and every part of the Demised Premises as of Lessor's original estate,, j without incurring any liability to Lessee or to any persons occupying or using the Demised 1 Premises for any damage caused or sustained by reason of such entry on the Demised ; Premises or the removal of persons or property from the Demised Premises. ' i i SECTION 13. QUIET ENJOYMENT. Lessor covenants that at all times during the term i of this Lease, so long as Lessee is not in default hereunder, Lessee's quiet enjoyment of � the Demised Premises or any part thereof will not be disturbed by any act of Lessor, or of anyone acting by, through, or under Lessor. j SECTION 14. WAIVER. No waiver by Lessor of any breach by Lessee of any term, �� covenant, condition, or agreement herein and no failure by Lessor to exercise any righfi or remedy in respect of any breach hereunder, will constitute a waiver or relinquishment ' for the future of any such term, covenant, condition, or agreement or of any subsequent ' breach of any such term, covenant, condition, or agreement, nor bar any right or remedy of Lessor in respect of any such subsequent breach, nor will the receipt of any rent, or any portion thereof, by Lessor, operate as a waiver of the rights of Lessor to enforce the payment of any other rent then or thereafter in default, or to terminate this Lease, or to , recover the Demised Premises, or to invoke any other appropriate remedy which Lessor may select as herein or by law provided. SECTION 15. SURRENDER. Lessee must, on the last day of the term of this Lease or upon any termination of this Lease hereof, surrender and deliver up the Demised ' Premises, into the possession and use of Lessor, without fraud or delay and in good order, condition, repair, free and clear of all lettings and occupancies, free and clear of liens and encumbrances. ' SECTION 16. 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 i writing and deposited in the United States mail, registered, and postage prepaid, and �, addressed as follows: ' 1 TO LESSOR: City of Dubuque, lowa ' c/o City Manager i City Hall 50 W. 13th Street Dubuque, IA 52001 i I 4 � , � TO LESSEE: James P. Schumacher c/o Lamar Advertising 1690 Elm St , Dubuque, IA 52001 The address to which any notice, demand, or other writing may be given or made or sent + to any party as above provided may be changed by written notice given by the party as � above provided. i i SECTION 17. MISCELLAIVEOUS. I 17.1 Governin.q Law. It is agreed that this Lease will be governed by, construed, and � enforced in accordance with the laws of the State of lowa. ; 1 , 17.2 Paraqraph 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. ; � 17.3 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. i 17.4 Parties Bound. This Lease is binding on and inures to the benefit of and applies to the respective successors and assigns of Lessor and Lessee. All references in this Lease to "Lessor" or "Lessee" will be deemed to refer to and include successors and assigns of ' Lessor or Lessee without specific mention of such successors or assigns. � SECTION 18. 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 I of strikes, lockouts, labor troubles, unavailability of construction materials, unavailability i 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 is 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. , 1 , , I I CITY OF DUBUQUE THE LAMAR COMPANIES � LESSOi� LESSEE ' 1 � 5 , ,,,°°� � By: / By: Michael C. Van Milligen Jam . Schumacher ? City Manager Vice President/General Manager i i , i ; , � � i i' � I I i 6 I EXHIBIT A I INSURANCE SCHEDULE � ; i I i i I J � 1 I � 1 1 i , i � i � 1 � 7 I City of Dubuque Insurance Requirements for Tenants and Lessees of City Property � or Vendors (Suppliers, Service Providers), or Right of Way Permit Wolders � � I , Insurance Schedule A � ; 1. shall furnish a signed Certificate of Insurance(COI)to the City of Dubuque, lowa for � the coverage required in Exhibit I prior to contract or lease commencement.All lessees of City property ' and Right of Way Permit Holders shall submit an updated C01 annually. Each Certificate shall be prepared ' on the most current ACORD form approved by the Department of Insurance or an equivalent. Each certificate shall include a statement under Description of Operations as to why issued. Eg: Project '' # or Lease of premises at or construction of or right of way permitted location and description ; 2. All policies of insurance required hereunder shall be with a carrier authorized to do business in lowa and ,' all carriers shall have a rating of A or better in the current A.M. Best's Rating Guide. 3. Each Certificate shall be furnished to the contracting department of the City of Dubuque. ' 4. Failure to provide minimum coverage shall not be deemed a waiver of these requirements by the City of , Dubuque. Failure to obtain or maintain the required insurance shall be considered a rnaterial breach of this agreement. 5. All required endorsements to various policies shall be attached to Certificate of insurance. 6. Whenever a specific I50 form is listed,an equivalent form may be substituted subject to the provider identifying and listing in writing all deviations and exclusions that differ from the ISO form. 7. Provider shall be required to carry the minimum coverage/limits, or greater if required by law or other ' legal agreement, in Exhibit L ' 8. Whenever an ISO form is referenced the current edition of the form must be used. If provider's limits of liability are higher than the required minimum limits then the provider's limits shall be this agreement's required limits. i s s s � � I � I I Page 8 of 10 Lamar Billboard Lease 2017- City of Dubuque Insurance Requirements for Tenants and Lessees of City Property or Vendors (Suppliers, Service Providers), or Right of Way Permit Holders Insurance Schedule A (continued) � Exhibi� I ; ; ; A) COMMERCIAL GENERAL LIABILITY � General Aggregate Limit $2,000,000 � I Products-Completed Operations Aggregate Limit $1,000,000 Personal and Advertising Injury Limit $1,000,000 Each Occurrence $1,000,000 Fire Damage Limit(any one occurrence) $ 50,000 Medical Payments $ 5,000 �I a) Coverage shall be written on an occurrence, not claims made,form.The general liability coverage shall be written in accord with ISO form CG0001 or business owners form BP0002. ; All deviations from the standard ISO commercial general liability form CG 0001, or Business �' owners form BP 0002,shall be clearly identified. b) Include ISO endorsement form CG 25 04"Designated Location(s) General Aggregate Limit." c) Include endorsement indicating that coverage is primary and non-contributory. , d) Include endorsement to preserve Governmental Immunity. (Sample attached). e) Include an endorsement that deletes any fellow employee exclusion. ', f) Include additional insured endorsement for: , The City of Dubuque, including all its elected and appointed officials, all its employees , and volunteers, all its boards, commissions and/or authorities and their board members, employees and volunteers. Use ISO form CG 20 10(Ongoing operations)or its , equivalent. g) If vendor utilizes Trilckes or Segways in the conduct of business, include an endorsement ' reflecting that these vehicles are not excluded from Commercial General Liability coverage. ' B) WORKERS' COMPENSATION & EMPLOYERS LIABILITY Statutory benefits covering all employees injured on the job by accident or disease as prescribed by lowa Code Chapter 85 as amended. Coverage A Statutory—State of lowa , Coverage B Employers Liability ' Each Accident $100,000 ' Each Ernployee-Disease $100,000 Policy Limit-Disease $500,000 Policy shall include an endorsement providing a waiver of subrogation to the City of Dubuque. ' C) Pollution Liability Coverage required: yes no Pollution Liability coverage shall be required if lessee has any pollution exposures including i abatement of hazardous or contaminated materials including, but not limited to, petroleum products, � the removal of lead, asbestos,or PCB's. Pollution product and complete operations coverage shall also be covered. i i $2,000,000 each occurrence ; $4,000,000 policy aggregate � a) Policy to include premises and transportation coverage. b) Include additional insured as stated in Af above. c) Include preservation of governmental immunity as stated in Ad above. d) Provide evidence of coverage for 5 years after completion of project. Page 9 of 10 Lamar Billboard Lease 2017- City of Dubuque Insurance Requirements for Tenants and Lessees of City Property J or Vendors (Suppliers, Service Providers), or Right of Way Permit Holders ! Preservation of Governmental Immunities Endorsement � � 1. Nonwaiver of Governmental Immunitv.The insurance carrier expressly agrees and states that the i purchase of this policy and the including of the City of Dubuque, lowa as an Additional Insured does not waive any of the defenses of governmental immunity available to the City of Dubuque, lowa � under Code of lowa Section 670.4 as it is now exists and as it may be amended from time to time. � i i 2. Claims Covera�e.The insurance carrier further agrees that this policy of insurance shall cover only i those claims not subject to the defense of governmental immunity under the Code of lowa Section ; 670.4 as it now exists and as it may be amended from time to time.Those claims not subject to ; Code of lowa Section 670.4 shall be covered by the terms and conditions of this insurance policy. j '; 3. Assertion of Government Immunitv•The City of Dubuque, lowa shall be responsible for asserting any defense of governmental immunity, and may do so at any time and shall do so upon the timely j written request of the insurance carrier. 4. Non-Denial of Covera�e.The insurance carrier shall not deny coverage under this policy and the insurance carrier shall not deny any of the rights and benefits accruing to the City of Dubuque, lowa i under this policy for reasons of governmental immunity unless and until a court of competent I jurisdiction has ruled in favor of the defense(s) of governmental immunity asserted by the City of ��� Dubuque, lowa. No Other Chan�e in PolicLr.The above preservation of governmental immunities shall not otherwise ' change or alter the coverage available under the policy. ; ; i i ; I � � Page 10 of 10 Lamar Billboard Lease 2017-