Signed Contract_Lamar Companies Lease for 280 South Locust Street Billboard Copyrighted
September 16, 2019
City of Dubuque Consent Items # 29.
ITEM TITLE: Signed Contract(s)
SUM MARY: Strand Associates, I nc. for the Catfish Creek Sanitary
I nterceptor Sewer Capacity Analysis Amendment No. 1 to
Task Order No. 18-04; and the Cedar/Terminal Streets
Force Mains and Lift Stations Assessment and
I mprovements Project/ Cedar Street Force Main Air
Release Valve Replacements Task Order No. 19-01; East
Central Development Corporation LeaseAgreementfor
Federal Building space; Larmar Companies Lease
Agreement for City property located at 280 South Locust
Street.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File
ATTACHMENTS:
Description Type
StrandAssociates, Inc. - Caffish Creek Interceptor Supporting Documentation
Amendment 1
StrandAssociates, lnc., - Cedar/TerminalStreets SupportingDocumentation
Force Mains and Lift Stations
East Central Development Corporation Lease in Supporting Documentation
Federal Building
Lamar Corporation Lease for City Properly at 1690 Supporting Documentation
Elm Street
LEASE AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
THE LAMAR COMPANIES
This Lease Agreement (the Lease), dated for reference purposes the�day of
��N�c , 2019, is entered into by and between the City of Dubuque, lowa
(Lessor), whose 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
Lease is 1690 Elm St, Dubuque, IA 52001.
SECTION 1. DEMISE AND TERM.
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
(the Demised Premises), to have and to hold for a term of two (2) years (the Term)
commencing July 1, 2019, and terminating at 11:59 p.m. on June 30, 2021, 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
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
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.
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2.1 Lessee must pay Lessor annual rent for the Demised Premises as follows:
(a) For the period from July 1, 2019 through June 30, 2020:
(i) On or before July 1, 2019, Two Thousand Seven Hundred Eighty-
Five and No/100 dollars ($2,785.00), and
(ii) On or before July 31, 2020, the difference, if any, but not less than
zero, between Two Thousand Seven Hundred Eighty-Five and No/100
dollars ($2,785.00) and twenty percent (20%) of Lessee's gross revenue
from advertising on its billboards on the Demised Premises for the period
from July 1, 2019 through June 30, 2020;
And
(b) For the period from July 1, 2020 through June 30, 2021:
(i) On or before July 1, 2020, Two Thousand Eight Hundred Sixty-Eight
and 55/100 ($2,868.55), and
(ii) On or before July 31, 2021, the difference, if any, but not less than
zero, between Two Thousand Eight Hundred Sixty-Eight and 55/100
($2,868.55) and twenty percent (20%) of Lessee's gross revenue from
advertising on its billboards on the Demised Premises for the period from
July 1, 2020 through June 30, 2021.
(c) All rent payments must be delivered to the City of Dubuque Finance
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.
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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
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.
SECTION 6. COMPLIANCE WITH LAW. During the term of this Lease, Lessee must
comply with all laws applicable to Lessee's use of the Demised Premises.
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.
SECTION 8. INSURANCE.
8.1 Lessee Insurance. Lessee agrees to maintain insurance in compliance with City
Insurance Schedule A attached as Exhibit A.
8.2 Lessor Insurance. Lessor agrees to maintain membership in the lowa
Communities Assurance 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
policies.
SECTION 9. INDEMNIFICATION. 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
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
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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, resist 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.
SECTION 11. ASSIGNMENT AND SUBLETTING. Lessee may not assign or transfer
this Lease or sublease the whole or any part of the Demised Premises.
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
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
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
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,
without incurring any liability to Lessee or to any persons occupying or using the Demised
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.
SECTION 13. QUIET ENJOYMENT. Lessor covenants that at all times during the term
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.
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 right
or remedy in respect of any breach hereunder, will constitute a waiver or relinquishment I
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.
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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
writing and deposited in the United States mail, registered, and postage prepaid, and
addressed as follows:
TO LESSOR: City of Dubuque, lowa
c/o City Manager
City Hall
50 W. 13th Street
Dubuque, IA 52001
TO LESSEE: James P. Schumacher
c/o Lamar Advertising
1130 Kerper Court
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.
SECTION 17. MISCELLANEOUS.
17.1 Governinq Law. It is agreed that this Lease will be governed by, construed, and
enforced in accordance with the laws of the State of towa.
17.2 Paragraph 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.
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.
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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
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 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.
CITY OF DUBUQUE THE LAMAR COMPANIES
LESSOR LESSEE
By: By:
Michael C. Van Milligen Jam . Schumacher
City Manager Vice President/General Manager
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