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ABC Supply, Inc., Amendment to Lease AgreementMasterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: ABC Supply Lease Amendment DATE: November 14, 2011 Dubuque Ail- Amedca city 2007 Economic Development Director Dave Heiar recommends City Council approval of the First Amendment to the Lease Agreement with American Builders and Contractor's Supply Co., Inc. (ABC Supply). On May 6, 2011, the City entered into a five year lease with ABC Supply Co. for property located at 10 South Main Street from June 1, 2011 to May 31, 2016. ABC also leases property in this area from Hendricks Commercial Properties, LLC. One of the major terms of the five year lease is if ABC was not able to negotiate a lease with Hendricks Commercial Properties, LLC, they would have the right to terminate the lease with the City prior to June 1, 2012, with a 30 day notice. A couple of months ago, the City discovered that the current sprinkler system in the building had previously been disconnected. In addition, the sprinkler system that was disconnected did not meet current codes. Replacing the system with a code compliant dry system will cost $26,075. The First Amendment to the Lease amends Section 1.1 of the Lease by removing the last sentence of this paragraph in its entirety. The Tenant has agreed to waive all rights to terminate the Lease. ABC also agrees to reimburse the City for 1/2 of the replacement sprinkler system within 30 days of an invoice in the amount of $13,037.50, upon City's completion of converting the existing wet fire sprinkler system to a dry fire sprinkler system in accordance with all code requirements, with the work to be completed by City on or before December 31, 2011. I concur with the recommendation and respectfully request Mayor and City Council approval. m44 Michael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager David J. Heiar, Economic Development Director 2 Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manger FROM: David J. Heiar, Economic Development Direct RE: ABC Supply Lease Amendment DATE: November 14, 2011 Dubuque AII4Amerlca City 111 r 2007 INTRODUCTION This memorandum presents for City Council review and approval of the First Amendment to the Lease Agreement between the City of Dubuque, Iowa and American Builders and Contractor's Supply Co., Inc. (ABC Supply). DISCUSSION On May 6, 2011, the City entered into a five year lease with ABC Supply Co. for property located at 10 South Main Street from June 1, 2011 to May 31, 2016. ABC also leases property in this area from Hendricks Commercial Properties, LLC. One of the major terms of the five year lease is if ABC was not able to negotiate a lease with Hendricks Commercial Properties, LLC, they would have the right to terminate the lease with the City prior to June 1, 2012, with a 30 day notice. A couple of months ago, the City discovered that the current sprinkler system in the building had previously been disconnected. In addition, the sprinkler system that was disconnected did not meet current codes. Replacing the system with a code compliant dry system will cost $26,075. The First Amendment to the Lease provides for amending Section 1.1 of the Lease by removing the last sentence of this paragraph in its entirety. The Tenant has agreed to waive all rights to terminate the Lease. ABC also agrees to reimburse the City for 1/2 of the replacement sprinkler system within 30 days of an invoice in the amount of $13,037.50, upon City's completion of converting the existing wet fire sprinkler system to a dry fire sprinkler system in accordance with all code requirements, with the work to be completed by City on or before December 31, 2011. The funding for the City's share of converting to the dry fire sprinkler system will come from the increased lease revenue generated from the renewed lease. The proposed First Amendment to the Lease Agreement is attached. RECOMMENDATION /ACTION STEP I recommend that the City Council approve the First Amendment to the Lease Agreement with American Builders and Contractor's Supply Co., Inc. (ABC Supply) located at 10 S. Main Street and authorize the City Manager to sign the First Amendment to the Lease Agreement. Attachment Prepared by David J. Heiar, 50 West 13th Street, Dubuque, IA 52001 563 - 589 -4393 RESOLUTION NO. 375 -11 RESOLUTION APPROVING A FIRST AMENDMENT TO THE LEASE AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND AMERICAN BUILDERS AND CONTRACTOR'S SUPPLY CO., INC. (ABC SUPPLY) WHEREAS, the City of Dubuque, Iowa (City) owns the real property located at 10 South Main Street in the City of Dubuque, Iowa; and WHEREAS, City and ABC Supply have negotiated a 5 year Lease Agreement for the property located at 10 South Main Street, a copy of which Lease Agreement is on file at the office of the City Clerk, City Hall, 13th and Central Avenue, Dubuque, Iowa; and WHEREAS, City and ABC Supply have agreed to amend Section 1.1 of the Lease Agreement where ABC Supply waives all rights to terminate the lease; and WHEREAS, ABC Supply agrees to reimburse the City for an amount agreed upon for converting the existing wet fire sprinkler system to a dry fire sprinkler system; and WHEREAS, the City Council believes it is in the best interests of the City of Dubuque to approve the First Amendment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The First Amendment between City and ABC Supply is hereby approved and the City Manager is authorized to execute said amendment on behalf of the City of Dubuque. Passed, approved and adopted this 21st day of November, 2011. Attes -vin S. Firnstahl, City Clerk FIRST AMENDMENT TO LEASE AGREEMENT This First Amendment, made this Ji Day of )11-1 -e /zL , 2011, by and between City of Dubuque, Iowa (hereinafter called "Landlord "), and American Builders and Contractors Supply Co., Inc. (hereinafter called "Tenant); WITNESSETH: Whereas, by Lease dated May 6, 2011 the Landlord demised unto Tenant certain premises located at: 10 South Main St., Dubuque, IA for a term commencing on June 1, 2011 and ending on May 31, 2016; and Whereas, the Landlord and Tenant are mutually desirous of amending said Lease as is hereinafter provided: In consideration of the mutual terms, covenants and conditions herein contained, the parties hereto agree as follows: 1. Section 1.1 of the Lease shall be amended by removing the last sentence of this paragraph in its entirety. The Tenant hereby waives all rights to terminate the Lease. 2. Tenant agrees to reimburse the Landlord within 30 days of an invoice in the amount of $13,037.50 upon Landlord's completion of converting the existing wet fire sprinkler system to a dry fire sprinkler system in accordance with all code requirements, with said work to be completed by Landlord on or before December 31, 2011. 3. That the parties hereto have agreed to the terms of this First Amendment and except as expressly provided herein, each and all of the remaining terms and conditions of said Lease is hereby ratified and confirmed and shall continue in full force and effect. In Witness Whereof, the parties hereto have executed this agreement on the Day of , 2011. LANDLORD: City of Dubuque, IA TENANT: American Builders & Contractors Supply 2,., Inc. By: By: Name: Kendra A. Story, CF