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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. 052819ba1 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. z 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 3 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. 4 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. 5 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 6