Signed Contract_Lease Agreement With Owen Lindstrom DBA Dubuque by Carriage Copyrig hted
J uly 6, 2020
City of Dubuque Consent Items # 19.
City Council Meeting
ITEM TITLE: Signed Contract(s)
SUM MARY: Assignment of Vendor Services for Grass Mowing Services from JJ
Block Landscaping to Brune Enterprises; Lease Agreement with Owen
Lindstrom/Dubuque by Carriage for Commercial Street Building;
Agreement with Shelby Fry for Moral Rights Mural Artwork.
SUGGESTED Suggested Disposition: Receive and File
DISPOSITION:
ATTACHMENTS:
Description Type
Brune Enterprises Assignment of Vendor Services Supporting Documentation
Dubuque by Carriage/Lindstrom Lease Supporting Documentation
Shelby Fry Mural Artwork Agreement Supporting Documentation
LEASE AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
OWEN LINDSTROM D/B/A DUBUQUE BY CARRIAGE
� �,�,.THIS LEASE AGREEMENT (the "Lease"), dated for reference purposes the
""day of �u. 7 c. , 2020, is made and entered by and between the City of
Dubuque, lowa (Less r) and Owen Lindstrom d/b/a Dubuque by Carriage (Lessee).
SECTION 1. DEMISE AND TERM.
1.1 In consideration of the rents hereinafter reserved and the terms, covenants,
conditions and agreements set forth in this Lease, Lessor hereby leases to Lessee the
real property described in Exhibit A attached to and made a part of this Lease, together
with any and all easements and appurtenances thereto and subject to any easements are
restrictions of record (the"Demised Premises"), to have and to hold for a term of one year
commencing on the first day Lessee takes possession of the Demised Premises or the
1 St day of July, 2020, whichever first occurs and terminating at 11:59 p.m. on the 30th day
of June, 2021, subject to all of the terms, covenants, conditions and agre'ements
contained herein.
1.2 Lessee's use of the Demised Premises shall be exclusively for the operation of a
carriage tour business.
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. RENT.
2.1 Lessee shall pay Lessor rent for the Demised Premises of $300.00 per month
payable on the 1St day of July, 2020, and on the 1St day of each month thereafter, at City
Hall, c/o Finance Director, and $10 per day for each day in June 2020 after Lessee takes
possession of the Demised Premises if Lessee takes possession prior to July 1, 2020.
2.2 Lessee shall also pay the cost of water service promptly upon receipt of a
statement from the City and the cost of all other utilities serving the Demised Premises
promptly upon receipt of statements from such utilities.
SECTION 3. TITLE TO IMPROVEMENTS. On delivery of possession of the Demised
Premises to Lessee, Lessee shall be entitled to construct on the Demised Premises all
improvements as agreed upon by the Lessor and Lessee (the "Improvements"). Lessor,
through its City Manager, shall have the right, in its reasonable discretion, to approve the
design, appearance and quality of any such Improvements, which approval shall not be
unreasonably withheld or delayed. All improvements presently on the Demised Premises
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and all Improvements hereafter constructed on the Demised Premises are and shall be
the property of Lessee during the continuance of the term of this Lease and no longer.
Upon any termination of this Lease, by reason of any cause whatsoever, if the
Improvements or any part thereof shall then be on the Demised Premises, all of Lessee's
right, title, and interest therein shall cease and terminate, and title to the Improvements
shall vest in Lessor, and the Improvements or the part thereof then within the Demised
Premises shall be surrendered by Lessee to Lessor. No further deed or other instrument
shall be necessary to confirm the vesting in Lessor of title to the Improvements. However,
upon any termination of this Lease, Lessee, upon request of Less,or, shall execute,
acknowledge, and deliver to Lessor a deed confirming that all of Lessee's right, title, and
interest in or to the Improvements has expired, and that title to the Improvements has
vested in Lessor.
SECTION 4. ENCUMBRANCE OF LESSEE'S LEASEHOLD INTEREST. Lessee
shall 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.
5.1 Lessee shall at all times during the term of this Lease, at Lessee's own cost and
expense, keep the Demised Premises and the Improvements thereon, in good order,
condition, and repair, casualties and ordinary wear and tear excepted. Lessee shall keep
and maintain the Demised Premises and all improvements in superior condition. Lessee
shall 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 shall be interior or exterior, and whether or not such repair shall be 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 Article
VI.
5.2 Lessee's responsibility under this Article shall include cutting of all grass on the
Demised Premises.
5.3 Lessee shall be responsible for weekly trash removal from the Demised Premises.
5.4 Animal waste shall be properly stored and removed from the Demised Premises
not less than weekly, unless Lessor determines that weekly removal. is not adequate, in
which event Lessee shall remove such waste as Lessor shall direct.
5.5 There shall be no outdoor storage of equipment, vehicles, construction materials
or any other property on the Demised Premises except one horse trailer.
SECTION 6. COMPLIANCE WITH LAW. During the term of this Lease, Lessee shall
comply with all applicable state and local laws applicable to Lessee's use of the Demised
Premises, the breach of which might result in any penalty on Lessor or forFeiture of
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Lessor's title to the Demised Premises.
SECTION 7. ALTERATIONS. Lessee shall have the right, at Lessee's expense, from
time to time during the term of this Lease, to make such alteration, addition, or
modification to the Demised Premises or the improvements thereon as shall be agreed
upon in writing by Lessor. Lessor hereby consents to the construction of horse stalls
inside the building. Lessee is not authorized, however, to allow any lien to be imposed
upon the Demised Premise or an Improvements.
SECTION 8. USE OF DEMISED PREMISES. Lessee will not use or allow the Demised
Premises or any buildings or Improvements thereon or any appurtenances thereto, to be
used or occupied for any unlawful purpose or in violation of any certificate of occupancy.
Lessee will not suffer any act to be done oe any condition to exist within the Demised
Premises or in any Improvement thereon, or permit any article to be brought therein,
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 9. INSURANCE.
9.1 Lessee shall maintain during the term of this Lease insurance as set forth in the
City's Insurance Schedule A, as such schedule may from time to time be amended. The
current Insurance Schedule A is attached to this Lease. Lessor shall provide written notice
of any amendment to the Insurance Schedule not less than sixty days prior to the effective
date of such amendment.
9.2 Any insurance for Lessee's property kept on the Demised Premises shall be at
Lessee's expense and Lessee agrees to hold Lessor harmless for any loss or damage to
such property by fire or any natural causes.
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 shall be taken in
the exercise of the power of eminent domain by the State of lowa or the United States,
then this Lease shall terminate on the date of vesting of title in such taking and any
prepaid rent shall be apportioned as of said date.
SECTION 11. ASSIGNMENT AND SUBLETTING. Lessee shall not assign or transfer
this Lease or sublease the whole or any part of the Demised Premises.
SECTION 12. DEFAULT. If Lessee shall fail or n�glect to ob�erve, keep, or perform
any of the covenants, terms, or conditions contained in this Lease on its part to be
observed, kept, or performed, and the default shall continue for a period of thirty(30)
days after written notice from Lessor setting forth the nature of Lessee's default (it being
intended that in connection with a default not susceptible of being cured with diligence
within thirty (30) days, the time within which Lessee has to cure the same shall be
extended for such period as may be necessary to complete the same with all due
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diligence), then and in any such event, Lessor shall have the right at its option, on written
notice to Lessee, to terminate this Lease and all rights of Lessee under this Lease shall
then cease. Lessor, without further notice to Lessee, shall have 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 therefor 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. RIGHT TO CURE OTHER'S DEFAULTS. Whenever and as often as a
party shall fail or neglect to comply with and perform any term, covenant, condition, or
agreement to be complied with or perFormed by such party hereunder, then, upon thirty
(30)days' prior written notice to such defaulting party, the other party, at such other party's
option, in addition to all other remedies available to such other party, may perForm, or
cause to be perFormed, such work, labor, services, acts, or things, and take such other
steps, including entry onto the Demised Premises and the Improvements thereon, as
such other party may deem advisable, to comply with and perForm any such term,
covenant, condition, or agreement which is in default, in which event such defaulting party
shall reimburse such other party upon demand, and from time to time, for all costs and
expenses suffered or incurred by such other party in so complying with or performing
such term, covenant, condition, or agreement. The commencement of any work or the
taking of any other steps or performance of any other act by such other party pursuant to
the immediately preceding sentence shall not be deemed to obligate such other party to
complete the curing of any term, covenant, condition, or agreement which is in default.
SECTION 14. 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 shall not be disturbed by any act of Lessor, or
of anyone acting by, through, or under Lessor.
SECTION 15. 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, shall 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 shall the receipt of any rent, or
any portion thereof, by Lessor, operate as a waiver of th� right� 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 16. SURRENDER. Lessee shall, on the last day of the term of this Lease
or upon any termination of this Lease hereof, surrender and deliver up the Demised
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Premises, with the improvements then located thereon into the possession and use of
Lessor, without fraud or delay and in good order, condition, and repair, free and clear of
all lettings and occupancies,free and clear of all liens and encumbrances other than those
existing on the date of this Lease and those, if any, created by Lessor, without(except as
otherwise provided herein) any payment or allowance whatever by Lessor on account of
or for any buildings and improvements erected or maintained on the Demised Premises
at the time of the surrender, or for the contents thereof or appurtenances thereto. At
Lessor's option, Lessee shall remove at Lessee's cost any or all of the Improvements
located on the Demised Premises.
SECTION 17. NOTICES. All notices, demands, or otherwritings in this Lease provided
to be given or made or sent, or which may be given or made or sent, by either party to
the other, shall be 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
City Manager
City Hall
13th & Central Avenue
Dubuque, lowa 52001
To Lessee: Owen Lindstrom
26270 17th St
Maquoketa, IA 52060-9797
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.
�ECTION 1�. MISCELLANEOUS.
18.1 Time of the Essence. Time is of the essence of this Lease and all of its provisions.
18.2 Governinq Law. It is agreed that this Lease shall be governed by, construed, and
enforced in accordance with the laws of the State of lowa.
18.3 Paraqraph Headinqs. The titles to the paragraphs of this Lease are solely for the
convenience of the parties and shall not be used to explain, modify, simplify, or aid in the
interpretation of the provisions of this Lease.
18.4 Modification of Aqreement. Any modification of this Lease or additional obligation
assumed by either party in connection with this Lease shall be binding only if evidenced
in a writing signed by each party or an authorized representative of each party.
18.5 Parties Bound. This Lease shall be binding on and shall inure to the benefit of and
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shall apply to the respective successors and assigns of Lessor and Lessee.All references
in this Lease to "Lessor" or"Lessee" shall be deemed to refer to and include successors
and assigns of Lessor or Lessee without specific mention of such successors or assigns.
18.6 Force Majeure. In the event that either party hereto shall be delayed or hindered
in or prevented from the performance of any act required hereunder by reason of strikes,
lockouts, labor troubles, unavailability or excessive price of fuel, power failure, riots,
insurrection, war, terrorist activities, chemical explosions, hazardous conditions, fire,
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, then perFormance of such act shall be excused for the period of
the delay and the period for the performance of any such act shall be extended for a
period equivalent to the period of such delay.
�
CITY OF DUBUQUE, IOWA OWEN LINDSTROM D/B/A
DUBUQUE BY CARRIAGE
By: � kv` �� �����
� � ���,��� Owen Lindstrom
G��� C Ge�v�.�`�Qu��
`��,c�.c'
,� �,a v,,�, ��. � ,� v� I,v a� i vW
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EXHIBIT A
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