Redstone Inn - Parking Rental Agreement
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602
RESOLUTION NO. 602-00
RESOLUTION CONSENTING TO THE ASSIGNMENT OF THE LEASE
AGREEMENT BETWEEN THE CITY OF DUBUQUE AND DUBUQUE HISTORIC
IMPROVEMENT COMPANY BY DUBUQUE HISTORIC IMPROVEMENT
COMPANY TO JERRY LAZORE
WHEREAS, the Dubuque Historic Improvement Company (DHIC) and the City
of Dubuque (City) entered into a Lease Agreement on April I, 1995, a copy of which
Lease Agreement is attached hereto; and
WHEREAS, the Lease Agreement provides for parking for DHIC's Redstone Inn
located at City's parking lot at Fifth and Bluff Streets; and
WHEREAS, on October 13,2000 the Redstone Im1 was sold by DHIC to Jerry
Lazore; and
WHEREAS, the Lease Agreement is assignable by DHIC with the consent of
City; and
WHEREAS, the City Council has determined that it is in the best interests of the
City to consent to such assignment.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
That the City Council hereby consents on behalf of the City of Dubuque to the
assignment of the Lease Agreement by Dubuque Historic Improvement Company to
Jerry Lazore, provided that Jerry Lazore shall agree to be bound by the terms and
conditions thereof.
Passed, approved and adopted this 18th day of December, 2000.
Terrance M. Duggan, Mayor
Attest:
Jeanne Schneider
City Clerk
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ACCEPTANCE OF RESOLUTJON
r, Jerry Lazare, in considcratiot! for the City of Dubuque's consent to the
assignmcllt of the above-described Lease Agreement hereby agree to be bound by the
terms nnd conditions of such Lease AgfCC11lent.
Daled this __..day of _.____m___' 2000.
Jerry Lazore
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LEASE AGREH1ENT
TH I S L EASE AGREE~lENT made tll is
day of
, 1995, between
the City of Dubuque, Iowa a municipal corporation, hereinafter called the
City, and Dubuque Historic Improvement Company, hereinafter called the
Company, an Iowa corporation with its principal place of business in Dubuque,
Iowa.
HITNESSETH:
WIIEREAS, the City is the owner of a tract of land (Leased Property)
des ignated as sho\'m on the attached plat marked II EXHI 13 IT A" and by reference
incorporated herein as though fully set out herein; and
VlHmEAS, the City and Company are desirous of entering into an agreement
where the City leases to the Company and the Company hires from the City the
Leased Property under the terms and conditions hereinafter set forth;
NOW THEREFORE, in consideration of the mutual covenants and agreements of
the City and the Company, each to the other, it is mutually agreed as follows:
1. IIRr~:LDLj}~R[IHENT.
The City hereby leases to the Company and the Company hires from the City
the Leased Property for a period of 10 years commencing on Ar::ril 1, 1995and
ending on Marc~ 2005.
2. RENTAL.
lhe base rental amount (subject to the adjustment as hereinafter provided
for the Leased ProperLy shall be Four Thousand Six Hundred Eight Dollars
($4,608.00) per year, payable monthly, one month in advance. Rentals are
charged at a rate of T\'Ienty-four Dollars ($24.00) per stall for sixteen (16)
stalls. Rentals shall be increased without renegotiation of -lease or lease
amendment if municipal surface lot rentals are increased within the lease
period. The City shall notify the Company by certified mail of pending rental
increase sixty days prior to implementation of the increase. The increase in
rates shall not be retroactive but shall be effective from the first day of
Lhe month following documented notification of the Company. The rate of
increase shall be of equal percentile as the increase applied in other
municipal surface lots.
3. USE Os_YREMI SES.
The Company covenants and agrees during the term of this Lease Agreement
to use and occupy the Leased Premises for parking purposes only, with not more
than sixteen (16) spaces to be used for vehicular parking. Billboard signs
are prohibited. Any signs used by the Company for informational purposes for
the Company's patronage shall be subject to approval by the City Manager. No
structure shall be constructed on the Leased Premises.
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4. ASSIGNMENT AND SUBLETTING~
Tile Company lIlay not assign or sublet the Leased Premises or any portion
thereof without first securing the written prior consent of the City. The
Company acknowledges and agrees that the City, in its sole discretion, may
refuse to grant consent to such assignment or sublease. Merger of the Company
with some other corporation, or sale of the majority of the stock of the
Company's corporation to any other corporation, or consolidation, shall be
deemed an assignment or sublease for the purpose of this section.
5. MAIUTE~~~NCE OF PROPERTIES.
Tile City shall be responsible for the maintenance of the property,
including snow removal, striping of stall areas and surface repairs.
Maintenance and snow removal will occur concurrently with the remainder of the
lot. The City will not be responsible for maintenance and snow removal in
areas where vehicles are parked on the Leased Property and contractors or
service vehicles do not have ready access to the property. lhe City retains
all util ity easement rights and access to the Leased Property for installation
and or/maintenance of util ities or authority to grant easements for utility
installation on the demised premises.
6. RESPONSIBILITY FOR ENFORCEMENT.
It shall be tile responsibil ity of the Company to provide all necessary
enforcement relative to the use of tile Leased Property. The Company shall
operate the property in a lIlanner that is compat-ible with the operation of the
remainder of the parking lot \'Jhich is owned and operated by the City, and any
confl icts or interruptions in the operation of the public parking lot by the
Company shall be immediately rectified or this Lease Agreement shall be
immediately rectified or this Lease Agreement shall be null and void.
7. PAYMENT OF RENTS.
All rents due and payable hereunder shall be delivered to the City
Treasurer located in City Hall on or before the 15th day of each month of the
Lease Agreement.
8. DEFAULT~
If the Company shall default in the payment of rentals hereunder or any
part thereof, or shall default in the performance of any of the other
covenants herein contained, and such default shall continue for a period of
thirty (30) days after written notice thereof, specifying the default
complained of, mailed to the Company by United States certified mail, return
receipt requested, then it shall be lawful for the City, at its election, to
declare the terms of this Lease ended and to re-enter upon the Leased
Property, with or without process of law, and to expel and remove the Company
or any person or persons in or upon the same, using such forces as may be
necessary under the circumstances; and if at any time, by reason of such
default of the Company and the cont{nuance thereof for such period of thirty
(30) days after written notice has been given, said term shall be so ended,
the Company hereby covenants and agrees to surrender and de-liver up the Leased
Property peaceably to the City.
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9. INDEMNUL
The Company agrees to indemnify and hold Ilarmless the City from any and
all damages or claims whatsoever, actions or causes of action in law or
equity, or damages or claims for damages to persons or property by reason of
the Company's use or misuse of the Leased Premises and further agrees to
reimburse the City for any and all damages to the Leased Premises resulting
from the misuse of the Leased Premises for activities associated with the
Company's business. The City agrees to promptly give its notice of any and
all claims and aclions, as stated aforesaid, and to permit the Company and/or
its insurance carrier to investigate and defend the same.
10. SURRENDER OF PREMISES AT END OF TERM.
The Company agrees that upon termination of this Lease Agreement it will
surrender, yield up and deliver the Leased Premises in good, clean condition.
The Company shall remove all signs or other improvements that may have been
instal led by the Company at the time of the surrender of the Leased Premises.
11. IERMlfill T I Qtl~
The City may terminate said Lease Agreement upon thirty (30) days written
notice to the Company.
Upon termination for any cause whatsoever, the City shall lave no
liability for payment or reimbursement for any portion of investment made by
the Company in such Leased Premises. The City shall prorate rental expenses
for the current month in which advanced payments have been made, and will
rebate such rentals for the balance of the prevailing month.
IN WITNESS WHEREOF, the parties have hereto set their hands this
day of , 1995.
DUBUQUE HISTORIC IMPROVEMENT COMPANY
CITY OF DUBUQUE, IOWA
BY ~~. l:~(A-P~
::r--a.nG@.-M,.L g.g-<Hl...,--Ma-y..g..r-
Loras J. uesner, Mayor Pro-Tern
ATTEST:
BY 7'uAJu} /J ~
M~~Vis, City Clerk-
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RESOLUfION NO. 71 -95
R[SOLUTIO~ ACCEPfING AND EXECUTING LEASE AGREEMENT WIlfl DUCUijUE
HISTORIC IHPIWVEMUn Cor~PANY
\'/H[f~[AS. the Dubuqu() Ilistoric: Impl'ovement Company has renovated the
Redstone property located at Fifth and Bluff Streets; and
WHEREAS. parking is an essential element in the utilization of this
property to accommodate its c1 i ente 1 e; and
I'IIIU~[/\S, the Dubuque 11 istoric IlllprovcmenL Company has paid f'or the cost
of' curb cuts and othel' impl'ovements for access to the parking lot from Fifth
Street; and
WIIEREAS, the Dubuque Historic Improvement Company hJS expressed an
interest inleasinCj sixteen (16) spaces in t11'~ City of l)tibuque municipal
parking lot. located ilt the nortll\'lest corner of Firth and 13luff Streets; and
\'JItEl\EAS, the term of the lease \'Jould be for 10 years from April 1,1995
throufJh ~larch 31, 2005; and
\-lIfEHEAS, the base rental ~-Iould be $4,608.00 per year effective April 1,
1995, and SUbject to adjustments in rental in parity \-l1t!1 rates charged for
Dubuque municipal surface parking lots.
WHEREAS, a public heaY"ing ~"as held on the lease agy'c:ement ~'Jith Dubuque
lIistoric Improvement Company on Marc~ 6, 1995
NO\'I, THEREFORE, [3[ IT RESOLVED BY THE CITY COUNC I L OF THE CITY OF
DUI3UQUE, 1m/A:
Section 1. That the lease agreement \-lith Dubuque Ilistoric Improvement
Company be acceptr;d and the Hayor be tlnu he is h(~reby auLhcrizeu anu directed
to execute said lease agreement ~'Iith Dubuque Historic Improvement Company.
Passed, approved and adopted this 6th
day of March
, 1995.
Attest:
2~~
~'2i ~~. . .~L--(JJ--d~-1/L/
// . ..ar-r..a.nc.e..11.. ll.ug.g.an
/oras J. Kluesner Mayor Pro-Tem
1zztVu? Ii ~
ffi~y J. Dav i s
C Hy Clerk
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"EXHIBIT A"
City of Dubuque Municipal
Parking Lot
5th & Bluff 11/2B/84
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CITY OF DUBUQUE, IOWA
MEMORANDUM
December 13,2000
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Redstone Lease Agreement
Parking System Supervisor Cindy Steinhauser is recommending adoption of the Resolution
consenting to the assignment of the April 1, 1995 Lease Agreement with Dubuque Historic
Improvement Company, to the new owner Jerry Lazore.
I concur with the recommendation and respectfully request Mayor and City Council approval.
c 11:. /:) (h 1/1
MIchael C. Van Milligen -
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Tim Moerman, Assistant City Manager
Ken TeKippe, Finance Director
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CITY OF DUBUQUE, IOWA
MEMORANDUM
December 6, 2000
To: Michael C. Van Milligen, City Manager
From: Cindy Steinhauser, Parking System Supervisor
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Re: Redstone Lease Agreement
Background
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On April 1, 1995, the City of Dubuque entered into a ten-year Lease Agreement with the
Dubuque Historic Improvement Company, an Iowa Corporation, for the rental of parking
spaces in municipal parking lot #3 located on 5th and Bluff Streets. The Lease
Agreement was approved by City Council as part of Resolution 71-95. The purpose of
the lease agreement was to provide parking for guests of the Redstone Inn Bed &
Breakfast which was owned by the Dubuque Historic Improvement Company. The terms
of the agreement include the rental of 16 parking spaces at a rate of $24 per spaces per
month for an annual rate of $4,608.
Discussion
On October 13, 2000, the Redstone Inn was sold to Jerry Lazore. Mr. Lazore has
indicated his desire to maintain the terms of the April 1, 1995 Lease Agreement under the
new ownership. Attached is a copy of the Lease Agreement which duplicates the terms
established in 1995 with the exception of the new Leasee.
Request
The requested action is for the City Council to adopt the attached Resolution consenting
to the assignment of the April 1, 1995 Lease Agreement with Dubuque Historic
Improvement Company, to the new owner Jerry Lazare.
Cc: Ken TeKippe, Finance Director
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ACCEPTANCE OF RESOLUTION
I, Jerry Lazore, in consideration for the City of Dubuque's consent to the
assignment of the above-described Lease Agreement hereby agree to be bound by the
terms and conditions of such Lease Agreement.
Dated this?::L day of (X.c~OO.
~~ ;;f'~j,h7).-ui>
J e Lazo