Cancer Survivor Park Lease with Finley Hospital_Initiate Copyrighted
September 8, 2020
City of Dubuque Items to be set for Public Hearing # 3.
City Council Meeting
ITEM TITLE: Cancer Survivor Park Lease with Finley Hospital
SUM MARY: City Manager recommending that a public hearing be set for September
21, 2020 on the intent to dispose of City-owned real property by Lease
Agreement with The Finley Hospital for Cancer Survivor Park at W. 3rd
Street and College Street.
RESOLUTION of Intent to dispose of an interest in real property by
lease to the Finley Hospital
SUGGESTED Receive and File;Adopt Resolution(s), Set Public Hearing for
DISPOSITION: September21, 2020Suggested Disposition:
ATTACHMENTS:
Description Type
Cancer Survivor Park Lease Agreement-MVM Memo City Manager Memo
Staff inemo Staff Memo
Lease Agreement Between the City of Dubuque, lowa Supporting Documentation
and The Finley Hospital for Cancer Survivor Park
Resolution Resolutions
Aerial Map Supporting Documentation
Notice of Hearing Supporting Documentation
Dubuque
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Public Hearing Set for Approval of Lease Agreement with The Finley
Hospital for Cancer Survivor Park
DATE: September 1, 2020
The Finley Hospital entered into a ten-year lease in February 1996, to develop Cancer
Survivor Park on Third Street next to The Finley Hospital campus. The park was
developed at the hospital's expense and met their goal of providing an open area for
reflection on loved ones that have died from cancer. Play equipment was provided at
the City's expense. The lease expiration was August 5, 2020. The Finley Hospital
would like to continue leasing the Cancer Survivor Park.
Leisure Services Manager Marie Ware recommends a public hearing be set for
Monday, September 21, 2020 related to the approval of the Lease Agreement with The
Finley Hospital for Cancer Survivor Park.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
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Mic ael C. Van Milligen
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Attachment
cc: Crenna Brumwell, City Attorney
Teri Goodmann, Assistant City Manager
Cori Burbach, Assistant City Manager
Marie L. Ware, Leisure Services Manager
Dubuque
THE CITY OF �
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TO: Michael C. Van Milligen, City Manager
FROM: Marie L. Ware, Leisure Services Manager
SUBJECT: Public Hearing Set for Approval of Lease Agreement with The Finley
Hospital for Cancer Survivor Park
DATE: August 31, 2020
INTRODUCTION
The purpose of this memorandum is to request a public hearing be set related to the
approval of the Lease Agreement with The Finley Hospital for Cancer Survivor Park.
BACKGROUND
The Finley Hospital entered into a ten-year lease in February 1996, to develop Cancer
Survivor Park on Third Street next to The Finley Hospital campus. The park was
developed at the hospital's expense and met their goal of providing an open area for
reflection on loved ones that have died from cancer. Play equipment was provided at
the City's expense. The lease expiration was August 5, 2020.
DISCUSSION
The Finley Hospital would like to continue leasing the Cancer Survivor Park. A lease
was updated by the City Attorney's office and has been signed by The Finley Hospital.
The main points of the lease include a five-year term with one automatic five year-
renewal term, improvement costs are at Lessee's expense, rent of $1.00 per year, and
City approval is needed for any improvements to the property.
The lease agreement was reviewed and recommended to be approved by The Park and
Recreation Commission at their August 11, 2020 meeting.
ACTION STEP
I respectfully request a public hearing be set for Monday, September 21, 2020 related to
the approval of the lease agreement with The Finley Hospital for Cancer Survivor Park.
Prepared by: Steve Fehsal, Park Division Manager
attachment
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Prepared by Kevin Firnstahl, City Clerk Address: City Hall- 50 W. 13th St Telephone: (563) 589-4100
Return to: Kevin Firnstahl, City Clerk Address: City Hall- 50 W. 13th St Telephone: (563) 589-4100
RESOLUTION NO. 281-20
RESOLUTION OF INTENT TO DISPOSE OF AN INTEREST IN REAL PROPERTY BY
LEASE TO THE FINLEY HOSPITAL
WHEREAS, the City of Dubuque, Iowa (City) is the owner of Lots 21 and 22 of the
Finley Home Addition in the City of Dubuque, Iowa (the Property); and
WHEREAS, the Finley Hospital (Finley) desires to lease the Property to operate a park
dedicated to survivors of cancer upon the terms set forth in a Lease now on file in the
Office of the City Clerk at City Hall, Dubuque, Iowa, which Lease provides for, in part, a
five-year term with one automatic five year -renewal term, improvement costs are at
Lessee's expense, rent of $1.00 per year, and City approval is needed for any
improvements to the property; and
WHEREAS, The lease agreement was reviewed and recommended to be approved
by The Park and Recreation Commission at their August 11, 2020 meeting; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City of Dubuque intends to dispose of its interest in the Property as
described in the Lease between City and Finley.
Section 2. The City Clerk is hereby authorized and directed to cause this Resolution
and a notice to be published as prescribed by Iowa Code Section 364.7 of a public hearing
o111 the City's intent to dispose of the Properly, to be (field o111 the 21st day of September
2020, at 6:30 o'clock p.m.
Section 3. Due to the ongoing COVID-19 pandemic, the City Council will meet virtually
through GoToMeeting. The official agenda will be posted on Friday, September 18, 2020
and will contain location, listening, viewing, and public input options. The City Council
agenda can be accessed at https://cityofdubuque.novusagenda.com/AgendaPublic/.
Passed, approved and adopted this 8th day of September 2020.
D. Buol, Mayor
Attest:
Kevin S. Firnstahl, City Oferk
LEASE AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
THE FINLEY HOSPITAL
THIS LEA E AGREEMENT (the "Lease")dated for reference purposes the ad��'day
of S , 2020, befinreen the CITY OF DUBUQUE, IOWA, a
municipal co oration (Lessor) and THE FINLEY HOSPITAL, an lowa corporation
(Lessee).
SECTION 1. DEMISE AND TERM. In consideration of the rents hereinafter reserved
and the terms, covenants, conditions and agreements set forth in this Lease, Lessor
hereby leases to Lessee the real property shown on Exhibit A, attached hereto, together
with any and all easements and appurtenances thereto and subject to any easements
that are restrictions of record (the "Demised Premises"), to have and to hold for a term of
five (5) years commencing on ,$��r,1n�- f , 2020 and terminating at 11:59 p.m. on
� , 2025, subject to all of the terms, covenants, conditions and
agre ments contained herein. This Lease shall automatically renew upon expiration for
one five-year (5-year) renewal term, upon the same terms and conditions, unless either
party gives written notice of its desire not to renew this Lease Agreement not less than
sixty (60) days prior to the expiration of the initial term. Notwithstanding the foregoing,
Lessor reserves the right to terminate this Lease at any time without cause upon ninety
(90)days written notice delivered to Lessee.
SECTION 2. RENT. Lessee shall pay Lessor (in addition to taxes, assessments, and
other charges required to be paid under this Lease by Lessee) rent for the Demised
Premises of One Dollar per year.
SECTION 3. TITLE TO IMPROVEMENTS AND TRADE FIXTURES
3.1 Trade Fixtures. For the purposes of this Lease, "Trade Fixtures" shall mean all of
Lessee's personal property located on the Demised Premises used in Lessee's business.
Title to Lessee's trade fixtures (the "Trade Fixtures") are and shall be the sole and
exclusive property of Lessee during the term of this Lease and shall remain the sole and
exclusive property of Lessee after the expiration or termination of this Lease,for whatever
reason. Lessor acknowledges and understands that it shall have no right, title, or interest
in or to Lessee's Trade Fixtures either during the term of this Lease, or thereafter(except �
as hereinafter provided). Lessor acknowledges and agrees that Lessee shall have the
right to encumber, sell, or hypothecate Lessee's Trade Fixtures, to remove them from the
Demised Premises, or to otherwise deal with all or any portion of such Lessee's Trade ��,
Fixtures, at Lessee's sole discretion. Provided, further, that upon ten (10) days' prior
written notice to Lessor, Lessor shall prepare and deliver to Lessee a certificate in
recordable form stating that Lessor has no interest or right in or to Lessee's Trade
Fixtures, as well as any other or further document which Lessee may reasonably request '
from Lessor. ',
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3.2 Tenant Improvements. On delivery of possession of the Demised Premises to
Lessee, Lessee shall be entitled to construct on the Demised Premises all structures,
buildings or other improvements as agreed upon in writing by the Lessor and Lessee(the
"Tenant Improvements"). Lessor covenants and agrees to keep and maintain the
Demised Premises. Lessee covenants and agrees to keep and maintain the Demised
Premises in good repair and any improvements shall be made at the Lessee's expense.
Lessor 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. Lessor agrees to provide all permits, variances and
approvals reasonably required to develop and construct the proposed park on the
Demised Premises, as set forth in Section 1 of the Lease. All improvements presently on
the Demised Premises 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 Tenant 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 Lessor, shall execute, acknowledge, and deliver to Lessor a deed confirming
that all of Lessee's right, title, and interest in or to the Tenant Improvements has expired,
and that title to the Tenant Improvements has vested in Lessor.
3.3 Siqnaqe. Lessee may, at Lessee's cost, install a sign or marker on the Demised
Premises designating the property as a public park. All proposed signage must be
reviewed and approved by the City Manager prior to obtaining a sign permit.
SECTION 4. ASSIGNMENT AND SUBLETTING. Lessee may not assign or sublet the
Demised Premises or any portion thereof without first securing the prior written consent
of the City Manager which consent will not be unreasonably withheld. Merger of the
Lessee with some other corporation, or sale of the majority of the stock of the Lessee
corporation to any other corporation, or consolidation, shall be deemed an assignment or i
sublease for the purposes of this section.
SECTION 5. TAXES. '
5.1. Lessee agrees to pay as additional rent an amount equal to real estate taxes upon ',
the real estate of the Demised Premises that become payable during the term hereof. '
Lessee shall further provide to Lessor official receipts of the appropriate taxing authority
or other evidence satisfactory to Lessor evidencing payment thereof.
5.2. The Lessee further agrees to pay all other taxes, rates, charges, levies and
assessments, general and special, of every name, nature and kind, whether now known
to the law or hereafter created which may be taxed, charged, assessed, levied or imposed
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upon said real estate, any buildings or improvements thereon which may be taxed,
charged, assessed, levied or imposed upon the leasehold estate hereby created and
upon the reversionary estate in said real estate during the term hereof, and all such other
taxes, rates, charges, levies and assessments shall be paid by Lessee as they become
due and before they become delinquent.
5.3. Lessee agrees to timely pay all taxes, assessments or other public charges levied
or assessed by lawful authority (but reasonably preserving Lessee's rights of appeal)
against its personal property on the Demised Premises, during the term of this Lease.
5.4. Nothing herein shall require Lessee to pay any of Lessor's income taxes, surtaxes,
excess profit taxes or any taxes on the rents reserved to Lessor hereunder.
5.5. Lessee shall at all times have the right to contest in good faith, in any proper
proceedings, in the name of Lessor if necessary, the payment or satisfaction of any such
taxes,assessments, rates, charges or levies so agreed to be paid by Lessee, if the validity
thereof, or the right to assess or levy the same against or collect the same from said
Demised Premises or improvements, shall be disputed. Upon the conclusion of any such
suit or proceedings, or not less than three (3) months prior to the date when the right to
redeem therefrom expires, whichever will be the earlier, Lessee will promptly pay and
satisfy such disputed tax, assessment or other charge as finally determined, together with
all expenses, costs and attomeys'fees whatsoever incurred in connection therewith.
SECTION 6. REPAIRS. Lessee shall at all times during the term of this Lease, at
Lessee's own costs and expense, keep the Demised Premises and the Tenant
Improvements thereon, and all sidewalks, curbs, and all appurtenances to the Demised
Premises, in good order, condition, and repair, casualties and ordinary wear and tear
excepted. Lessee shall keep and maintain the Demised Premises and all Tenant
Improvements in good condition, consistent with other similarly classed operations.
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. Upon
reasonable notice to Lessee, Lessor may, at its discretion, conduct an annual inspection
of the Demised Premises to determine Lessee's compliance with this Section 6.
SECTION 7. COMPLIANCE WITH LAW.
7.1. During the term of this Lease, Lessee shall comply with all applicable laws applicable
to Lessee's use of the Demised Premises, the breach of which might result in any penalty
on Lessor or forfeiture of Lessor's title to the Demised Premises.
7.2. Lessee shall not commit waste on the Demised Premises except as necessary for
the removal or construction of any buildings and Tenant Improvements on the Demised
Premises, but shall not be liable for any damages to or destruction of any buildings or
tenant improvements on the Demised Premises. �
SECTION 8. ALTERATIONS. i
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8.1. 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 Tenant Improvements thereon as shall be agreed upon in writing by Lessor and
Lessee.
8.2. Lessee agrees to secure the prior written approval of Lessor for any landscaping,
construction, grading or tree removal on the Demised Premises.
SECTION 9. USE OF DEMISED PREMISES.
9.1. Lessee covenants and agrees during the term of this Lease to use and occupy the
Demised Premises for a public park dedicated to cancer survivors. It is further understood
by the Lessee that any use of the Demised Premises shall not conflict with
communications equipment of any kind, including but not limited to radio, cellular or
wireless equipment, or the present use of adjacent property owned and used by the
Lessor in its operations.
9.2. Lessee will not use or allow the Demised Premises or any buildings or Tenant
Improvements thereon or any appurtenances thereto, to be used or occupied for any
unlawful purpose. Lessee will not suffer any act to be done or 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 10. INSURANCE � '
10.1. Lessee will at all times during the term of this Lease maintain insurance on the '
Demised Premises of the following character: '
Insurance as set forth in the Lessor's standard Insurance Schedule for Lessees of
City Property, as such uniform, standardized schedule may from time to time be
amended. The current Insurance Schedule is attached to this Lease Agreement.
10.2. Such insurance shall be provided through commercial insurance, self-insurance or
a combination thereof and such insurance shall name as the insured parties thereunder,
Lessor, or its assigns, and Lessee, as their interests may appear. Lessor shall not be
required to prosecute any claim against any insurer or to contest any settlement proposed
by any insurer, provided that Lessee may, at its cost and expense, prosecute any such
claim or contest any such settlement, and in such event Lessee may bring any such
prosecution or contest in the name of Lessor, Lessee, or both, and Lessor shall cooperate
with Lessee and will join therein at Lessee's written request upon receipt by Lessor of an
indemnity from Lessee against all costs, liabilities, and expenses in connection with such
cooperation, prosecution, or contest.
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10.3. Lessee shall deliver to Lessor promptly after the execution and delivery of this
Lease the original or duplicate policies or certificates of insurance reasonably satisfactory
to Lessor evidencing all the insurance which is then required to be maintained by Lessee
hereunder, and Lessee shall, within 30 days prior to the expiration of any such insurance,
deliver other original or duplicate policies or other certificates of insurance evidencing the
renewal of such insurance. Should Lessee fail to effect, maintain, or renew any insurance
provided for herein, or to pay the premium therefore, or to deliver to Lessor any of such
policies or certificates, Lessor, at its option, but without obligation so to do, may procure
such insurance, and any sums expended by it to procure such insurance shall be
additional rent hereunder and shall be repaid by Lessee within 30 days following the date
on which demand therefore shall be made by Lessor. Such insurance policy(ies) shall
contain a provision that such policy(ies)shall not be canceled or reduced in scope without
thirty(30) days prior written notice to Lessor.
10.4. Each party shall look first to any insurance in its favor before making any claim
against the other party for recovery for loss or damage resulting from fire or other casualty,
and to the extent that such insurance is in force and collectible and to the extent permitted
by law, Lessor and Lessee each hereby releases and waives all right of recovery against
the other or anyone claiming through or under each of them by way of subrogation or
otherwise. The foregoing release and waiver shall be in force only if both releasors'
insurance policies contain a clause providing that such a release or waiver shall not
invalidate the insurance, and also provided that such policies can be obtained without
additional premiums. Lessee acknowledges that Lessor will not carry insurance on
Lessee's furniture and/or furnishings or any trade fixtures or equipment, improvements, ,
or appurtenances removable by Lessee or Lessee's leasehold improvements and agrees ',
that Lessor will not be obligated to repair any damage thereto or replace the same. '
10.5. Lessee shall notify Lessor immediately in the case of damage exceeding
$10,000.00 in amount to, or destruction of, any Tenant Improvements or any portion ,
thereof resulting from fire or other casualty. Net proceeds of any such insurance (Net '
Proceeds), shall be paid directly to Lessee as its interests may appear, and Lessee shall
forthwith repair, reconstruct and restore the Tenant Improvements to substantially the
same or an improved condition or value as they existed prior to the event causing such
damage and, to the extent necessary to accomplish such repair, reconstruction and
restoration, Lessee shall apply the Net Proceeds of any insurance costs thereof, Lessee
shall complete the repair, reconstruction and restoration of the Tenant Improvements
whether or not the Net Proceeds of insurance received by Lessee for such purposes are
sufficient.
SECTION 11. LESSOR'S WARRANTIES AND REPRESENTATIONS.
11.1 Lessor's Representation of Good Title. Lessor covenants and warrants that it is
lawfully seized in fee simple of the Demised Premises, and that it has full right and
authority to enter into this Lease for the full term hereof, and covenants and agrees that
upon paying the rent provided for herein, and upon Lessee's performing the covenants
and agreements of this Lease required to be performed by said Lessee, that it will have,
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hold and enjoy quiet possession of the Demised Premises. Lessor warrants to Lessee
that the Demised Premises are properly zoned for the conduct of the operation of
Lessee's business.
11.2. Lessor covenants and agrees that Lessee shall have no responsibility for or liability
arising from any Hazardous Substance which was in, on or about the Demised Premises
prior to the commencement date of this Lease ("Prior Hazardous Substances") or which
leach or migrate upon the Demised Premises from any property owned by Lessor or their
affiliates ("Lessor Hazardous Substances").
For the purposes of this Lease, "Hazardous Substance" or "Hazardous Substances"
means any hazardous or toxic substance, material or waste which is or becomes
regulated by any local government, the State of lowa or the United States Government.
It includes,without limitation, any material or substance that is(i)defined as a"hazardous
substance" or "hazardous waste" under Chapter 455B, lowa Code, (ii) petroleum and
petroleum products, (iii) asbestos, (iv) designated as a "hazardous substance" pursuant
to Section 311 of the Federal Water Pollution Control Act (33 U.S.C. §1321), (v) defined
as a "hazardous waste pursuant to §1004 of the Federal Resource Conservation and
Recovery Act, 42 U.S.C. §6901 et seq., (vi)defined as a "hazardous substance" pursuant
to§101 of the Comprehensive Environmental Response, Compensation and Liability Act,
U.S.C. §9601 et seq., or(vii) defined as a "regulated substance" pursuant to Subchapter
IX, Solid Waste Disposal Act (Regulation of Underground Storage Tanks), 42 U.S.C.
§6991 et seq. '
SECTION 12. INDEMNIFICATION OF LESSOR. Lessee shall protect, 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 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 will, 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 13. CONDEMNATION.
13.1 Entire 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 any sovereign, municipality, or other public or private
authority, 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. Substantially all of the Demised
Premises and the improvements thereon shall be deemed to have been taken if the
remaining portion of the Demised Premises shall not be of sufficient size to permit Lessee
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to operate its business thereon in a manner similar to that prior to such taking.
13.2 Allocation of Award. Any award for such taking of all or substantially all of the
Demised Premises shall be paid to the parties hereto in accordance with the following:
(1) To Lessor, the amount of the award attributable to the Demised Premises,
determined as if this Lease was not in effect at the time of such award, excluding
therefrom the amount of the award attributable to the improvements, and all other
sums not directly attributable to the value of the Land constituting the Demised
Premises.
(2) To Lessee, the entire award except that portion allocated to Lessor above,
including but not limited to, the value of the improvements plus any other amount
assessed for Lessee.
13.3 Partial Condemnation. If less than 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 any sovereign, municipality, or other public or private authority, then Lessee,
at its option, may elect to continue this Lease in full force and effect or terminate this
Lease. If Lessee shall elect to maintain this Lease in full force and effect, the entire award
for such partial condemnation shall be paid over to Lessee, and Lessee shall proceed
with reasonable diligence to carry out any necessary repair and restoration so that the
remaining improvements and appurtenances shall constitute a complete structural unit or
units which can be operated on an economically feasible basis under the provisions of
this Lease. In the event Lessee elects to continue this Lease in full force and effect after
a partial condemnation, there shall be no abatement in the Basic Rent Lessee is required
to pay hereunder.
Should Lessee elect to terminate this Lease upon a partial condemnation, Lessee shall
provide Lessor with written notice of such election within thirty (30) days after the date of
vesting of title for such taking. Lessee shall specify in such written notice the date on i
which this Lease shall terminate, which date shall be not less than 60 days nor more than
360 days after delivery of such notice to Lessor (the Termination Date). In the event �
Lessee terminates this Lease, as provided for in this Section 13.3, Lessee shall be entitled
to the entire award for such partial taking. '
13.4. Temporary Takinq. If the temporary use of the whole or any part of the Demised '!
Premises or the Tenant Improvements thereon or the appurtenances thereto shall be '
taken at any time during the term of this Lease in the exercise of the power of eminent '
domain by any sovereign, municipality, or other authority, the term of this Lease shall not
be reduced or affected in any way, and Lessee shall continue to pay in full the rent,
additional rent, and other sum or sums of money and charges herein reserved and
provided to be paid by Lessee, and the entire award for such temporary taking shall be
paid to Lessee. Lessee shall repair and restore any and all damage to the Demised
Premises and the improvements as soon as reasonably practicable after such temporary
taking.
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SECTION 14. DEFAULT
14.1 Lessor's Riqhts in the Event of Lessee's Default. If Lessee shall fail or neglect to
observe, 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 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.
14.2 Ricthts of Holder of Encumbrance in Event Lessee Defaults. 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 performed, the Holder of any I
ind;ebtedness secured by an encumbrance on the leasehold estate under this Lease shall I
have thirty (30) days after receipt of written notice from Lessor setting forth the nature of '�
Lessee's default and a reasonable time thereafter if it shall have commenced foreclosure
or other appropriate proceedings in the nature thereof within such thirty (30) days and is ,
diligently prosecuting such proceedings, within which to endeavor to make good or '
remove the default or cause for termination of the Lease. All right of Lessor to terminate I
this Lease on the failure or neglect of Lessee to observe, keep, and perform the '
covenants, terms, and conditions of this Lease, is, and shall continue to be, at all times
prior to payment in full of the indebtedness to the Holder of Lessee, subject to, and
conditioned on, Lessor's having first given the Holder written notice thereof and the Holder
having failed to cause the default or cause for termination to be made good or removed
within thirty (30) days after receiving written notice of default or cause for termination or
within a reasonable time thereafter if it shall have commenced foreclosure or other
appropriate proceedings in the nature of foreclosure within such thirty (30) days and is
diligently prosecuting such proceedings, In the event that the Lease is terminated due to
the Lessee's bankruptcy, insolvency or other proceedings, and in the event the Holder
has complied with the terms of this Section 14.2, then Lessor at Holder's option, shall
enter into a new lease with Holder or the successful bidder at foreclosure on the same
terms as this Lease, for the term then remaining, and specifically preserving all
unexercised options.
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14.3 Lessee's Rights in the Event of Lessor's Default. If Lessor shall fail or neglect to
observe, keep or perform any of the material 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 Lessee setting forth the nature of
Lessor'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 Lessor has to cure the
same shall be extended for such period as may be necessary to complete the same with
all due diligence, but in the event no longer than ninety (90) days, then and in any such
event, Lessee shall have all rights available to it provided by law or equity.
SECTION 15. 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 Tenant 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. 'i
i
SECTION 16. 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 17. 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 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 18. 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
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
9
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, Lessor and Lessee shall agree to jointly remove any or all of the Tenant
Improvements located on the Demised Premises. Provided, however, that Lessee's
Trade Fixtures, personal property, and other belongings of Lessee or of any sublessee
or other occupant of space in the Demised Premises shall be and remain the property of
Lessee, and Lessee shall have a reasonable time after the expiration of the term of this
Lease to remove the same.
SECTION 19. MEMORANDUM OF LEASE. Each of the parties hereto will, promptly
upon request of the other, execute a memorandum of this Lease in form suitable for
recording setting forth the names of the parties hereto and the term of this Lease,
identifying the Demised Premises, and also including such other clauses therein as either
party may desire, except the amounts of Basic Rent payable hereunder.
SECTION 20. NOTICES.
20.1. All notices, demands, or other writings 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
50 West 13th Street �
Dubuque, lowa 52001
TO LESSEE: The Finley Hospital �'i
350 North Grandview Avenue '
Dubuque, lowa 52001 '
20.2. 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 21. MISCELLANEOUS.
21.1. Time of the Essence. Time is of the essence of this Lease and all of its provisions.
21.2. 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.
21.3. Attorney Fees. In the event that any action is filed in relation to this Lease, the
unsuccessful party in the action shall pay to the successful party, in addition to all the
10
sums that either party may be called on to pay, a reasonable sum for the successful
party's attorney fees.
21.4. Paraaraph 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.
21.5. 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.
21.6. Parties Bound. This Lease shall be binding on and shall inure to the benefit of and
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.
21.7. Force Maieure. In the event that either party hereto shall be delayed or hindered
in or prevented from the pertormance 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.
IN WITNESS WHEREOF, the parties hereto have caused this Lease to be
executed as of the day and year first above written.
CITY OF DUBUQUE, IOWA, LESSOR THE FINLEY HOSPITAL, LESSEE
By: B ���
v�
Roy D. Buol �
Mayor President/CEO
,
ATTEST: I
By:
Kevin S. Firnstahl
City Clerk
F:\Users\tsteckle\Lindahl�Agreements\Finley Hospital Cancer Survivor Park-Finley 080720.docx
11
EXHIBIT A
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14
INSURANCE SCHEDULE
�
I,
15
City of Dubuque Insurance Requirements for Lessees of City Property and Right of Way
Licensees ar Pennittees
WSURANCE SCHEDULE A
1. The Finley Haspital shall furnish a signed certificate af insurance to the City of Dubuque, lowa for
the coverage required in Exhibit I prior to the lease, lioense,or permit aommencemerit.All
leasees of City property and right of way licensees ar permiktees shail submik an updated
certi�cate annually, Each rzrti�cate shall be prepared on the most Gurrent ACORD form approved
by the lowa Insurance Division or an equivalent. Each cer#ificate shall include a statemer�under
Descrfption of�perations as to why the certificate was issued. Eg: Lease Agreement dated
2. All policies of insurance required hereunder shall be with an insurer authorized to do business in
lowa and all insurers 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 Finanae Departmen#af the Gity of Dubuque. i
4. The lessee, licensee, or permittee shall be required to carry the minimum coverage/limits,or
greater if required by law or other legal agreement, in Exhibit I. Failure to provide the required �
minimum coverage shall not be deemed a waNer of such requirements by the Ciry of Dubuque. %
5. Failure ta abtain or maintain the required insurance shall be considered a material breaoh of the I�,
lease, license, ar permit. '
6. All requfred endorsements shall be attached to certifioate.
7. Whenever a specific ISO form is referenced the currenk edition of the form must be used unless
an equivalentform is approved by the Director of Finance and Budget.The lessee, licensee,or
permittee must fderitify and Ilst in writing all deviations and exclusions firom the ISO form.
8. If lessee's, licensee's,or permittee's limits of liability are higher than the required minimum limits
then the lessee's, licensee's,or permittee's Ifmits shall be this agreement's required limits.
9. Lessee, ficensee,or permittee shall require all subcorrtractors and sub-subcontractors to obtain
and maintain during the pertormance of work insurance for the coverages described in this
Irisurance Schedule and shall obtain certificates of insurance from all such subcontractors and
sub-subcontractors. Lessee, licensee, or permittee agrees that it shall be liable for the failure of a
subcontractor and sub-subcontractar to obtain and maintain such coverage.The City may
request a copy of such certificates from the lessee, licensee,or permittee.
10. Lessee,license&permittees shall be responsible for deductibles and self-fnsured retention.
Page 1 of 4 Schedule A Lessees Of City Property;Right Of Way Licensees or Permittees May 2019
lv
City of Dubuque Insurance Requirements for Lessees of City Property and Right of Way
Licensees or Permittees
INSURANCE SCHEDULE A (Continued)
EXHIBIT I
A) COMMERCWL GENERAL LIABIUTY
General Aggregate Limit $2,0OO,OQO
Products-Completed Operakions Aggregate Limit $1,OQ0,000
Personal and Advertlsing IhJury Limit $1,OOO,WO
Eaah Occurrence $1,OOO,WO
Fire Damage Limit(any one occurrence} $50,Q00
Medical Payments $5,000
1) Coverage shall be written on an occurrence, nat claims made,form.The general
liability coverage shall be written in accord with ISC)form CC QO 01 or business
owners form BP 00 02. All deviations from the standard ISO commercial general
liability form CG OOQ1, ar Business owners form BP 00 02,shall be clearly
identified.
2) Include ISO endorsement form CG 25 04"Designated Location(s)General
Aggregate Limit."
3) Include endo�sement indicating#hat coverage is primary and non-aontributary:
4) Include Preservation of Governmental Immunities Endorsement(Sampls
attaohedJ.
5) Include additional insured endo�sement for:
The City of Dubuque, including all fts elected and appoiMed afficials,all its
employees and volunteers, all its boards,commissions and/or authorities and
their board members, employees and volur�teers. Use ISO form CG 2010
(qngoing operations)or its�quivalent.
6) If lessee, licer�see,ar permittee utilizes Trikkes ar Segways in the conduct of �
business, include an endorsemer�t reflecting that these vehicles are not sxcluded
from Commercial General Liability coverage.
7) Policy shall include Waiver of Right to Recover fram Others Endorsement.
B) WORKER5'COMPENSATIQN&EMPLOYERS LIABIUTY
Statutory Benefits covering all emplayees injured on the job by aocident or disease as
prescribed by lawa Code Chapter 85.
Coverage A 5tatutory—State of lowa
Coverage B Emplayers Liability ',
Each Accident $100,000 '
Each Employee-Disease $100,OQ0 '
Policy Limit-Disease $500,000
Policy shall include Waiver of Right to Recover from Others endorsement.
Covsrage B limits shall be greater if required by the umbrella/excess insurer.
2�3
Nonelection of Workers'Campensation ar Employers'Liabiliiy Coverage under lowa
Code sec. 87.22. Completed form must be attached.
Page 2 pf 4 Schedule A Lessees Of City Prqperty;Right Of Way Licensees or Permittees May 2019
17
City of Dubuque Insurance Requirements for Lessees of City Property and Right of Way
Licensees or Pemnittees
INSURANCE SCHEDULE A (Continued)
C) POLLUTION LIABILITY
Coverage required: _yes X no
Pollution liability coverage shall be required if the lessee,contracting party,or permittee
has any pollution expasure for abatement of hazardous ar contaminated matenals
including, but not limited to, petroleum products,the removal of lead, asbestos,or PCBs.
Pollution praduct and completed operations Goverage shall also be cpvered.
�ach occurrence $2,OOQ;000
Poliay Aggregate $4,OOQ,000
1) Policy ta include jqb site and transportation cove�age.
2) Include additional insured for:
The City of Dubuque,including all its elected and appair�#ed offioials, all fts
employees and valuntesrs, all its boards,commissions and/or authorities and
their board members, employees and volunteers.Use ISO farm CG 2010.
(Ongoing operatians)or its equivalen#and CG2037(oompleted aperations)or
its equivaler�.
3) Include Preservation of Governmental Immunities Endorsernent.
4) Provide evidence of caverage far 5 years after completian af project.
D) PROPERTY INSURANCE REQUIRED BY LEASE,LICENSE,OR PERMIT
_yes X no
Evidence of property coverage provided: _yes
Include the City of Dubuque as Lender l,oss Payable.
E� RIGHT-OF-WAY WORK ONLY:
UMBRELLA/EXCESS $1,000,000
_yes ,�no
Umbrella/excess liabilliy aoverage must be a#least following form wikhthe underlying
policies included herein.
I
F) FLOOD IMSURANCE
^yes X no
If Required Coverage $ '
Page 3 of 4 Schedule A Lessees Of City Property;RigM Of Way Licensees or Permittees May 2019
1a
City af Dubuque Insurance Requirements for Lessees of City Property and Right of Way
Licensees or Permittees
PRESERVATION OF GOVERNMENTAL IMMUNITIES ENDORSEMENT
1. Nornvaiver of Governmental Immunitv.The irisurer expressly agrees and states that the purchase �
of this policy and the including af the City af Dubuqus, lowa as an Additional Insured does nok waive any
of the defenses of governmental immuniry available to the City of Dubuque, lowa under Code of lowa I
Section 670.4 as it is now exists and as it may be amended from time to time.
2. Claims Coveraae.The insurer further agrees that this policy of insurance shaU cover only those
claims not subJect to the defense of governmental immunity under the Code af lowa Section 670,4 as it
now exists and as it may be amended from time to time.Thase alaims not subject to Code of lawa
Section 670.4 shall be covered by the terms and conditions of thi5 insurance policy.
3, Assertion of Government ImmuniN.The City of Dubuque,,lowa shall be respansible for asserting
any defense of governmental immunity,and mey do so at any time and shall da so upon the timely written
request af the insurer.
4. Non-Denial of Coveraae.The insurer shall not deny coverage under this policy end the insure�
shall not deny any of the rights and benefits accruing to the City of Dubuque, lowa under this policy for
reasans af governmeMal immunity unless and until a court of competentjurisdiction has ruled in favor of
the defense(s)of governmental immunity asserted by the Gity of Dubuque, lowa.
Nn Other Change in Policv.The abovs preservation of governmental immunities shall nat otherwise �
change or alter the coverage available under the policy. I
SPECII��IEN
(DEPARTMENT MANAGER: FILL IN ALL BLANKS AND CHECK BOXES)
Page Q of 4 Schedule A Lessees Of City Property;Right Of Way Licensees or Permittees May 20/9
19
CITY OF DUBUQUE, IOWA
OFFICIAL NOTICE
PUBLIC NOTICE is hereby given that the City Council of the City of Dubuque, lowa, will
hold a public hearing on the 21 St day of September 2020 at 6:30 p.m., conducted virtually,
at which meeting the City Council proposes to dispose of an interest in the following
described real property by lease to the Finley Hospital.
Lots 21 and 22 of the Finley Home Addition in the City of Dubuque, lowa. Locally
known to be the northwest corner of W. 3rd Street and College Street.
Due to the ongoing COVID-19 pandemic, the City Council will meet virtually through
GoToMeeting. The official agenda will be posted on Friday, September 18, 2020 and will
contain listening, viewing, and public input options. The City Council agenda can be
accessed at https://cityofdubuque.novusaqenda.com/AqendaPublic/ or by contacting the
City Clerk's Office at 563-589-4100, ctvclerk(c�cityofdubuque.org.
At the meeting, the City Council will receive oral and written comments from any resident
or property owner of said City to the above action. Written comments regarding the above
public hearing can be submitted to the City Clerk's Office, City Hall, 50 W. 13th Street, or
through ctyclerk(a�cityofdubuque.orq on or before said time of public hearing.
Copies of supporting documents for the public hearings are on file in the City Clerk's
Office, City Hall, 50 W. 13t" St., Dubuque, lowa, and may be viewed during normal
working hours.
Individuals with limited English proficiency, vision, hearing or speech impairments
requiring special assistance should contact the City Clerk's Office at (563) 589-4100, TDD
(563)690-6678, ctyclerk cityofdubuque.org as soon as feasible. Deaf or hard-of-hearing
individuals can use Relay lowa by dialing 711 or (800) 735-2942.
Dated this 11t" day of September 2020.
Kevin S. Firnstahl, CMC
City Clerk
1 t 9/11
RESOLUTION NO.
RESOLUTION OF INTENT TO DISPOSE OF AN INTEREST IN REAL PROPERTY BY
LEASE TO THE FINLEY HOSPITAL
WHEREAS, the City of Dubuque, lowa (City) is the owner of Lots 21 and 22 of the
Finley Home Addition in the City of Dubuque, lowa (the Property); and
WHEREAS, the Finley Hospital (Finley) desires to lease the Property to operate a park
dedicated to survivors of cancer upon the terms set forth in a Lease now on file in the
Office of the City Clerk at City Hall, Dubuque, lowa, which Lease provides for, in part, a
five-year term with one automatic five year-renewal term, improvement costs are at
Lessee's expense, rent of $1.00 per year, and City approval is needed for any
improvements to the property; and
WHEREAS, The lease agreement was reviewed and recommended to be approved
by The Park and Recreation Commission at their August 11, 2020 meeting; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City of Dubuque intends to dispose of its interest in the Property as
described in the Lease between City and Finley.
Section 2. The City Clerk is hereby authorized and directed to cause this Resolution
and a notice to be published as prescribed by lowa Code Section 364.7 of a public hearing
on the City's intent to dispose of the Property, to be held on the 21 St day of September
2020, at 6:30 o'clock p.m.
Section 3. Due to the ongoing COVID-19 pandemic, the City Council will meet virtually
through GoToMeeting. The official agenda will be posted on Friday, September 18, 2020
and will contain location, listening, viewing, and public input options. The City Council
agenda can be accessed at https://citvofdubuque.novusagenda.com/AqendaPublic/.
Passed, approved and adopted this 8t" day of September 2020.
Roy D. Buol, Mayor
Attest:
Kevin S. Firnstahl, City Clerk