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Yacht Basin Lease Sign Catfish Charlies DU~~E ~<k-~ MEMORANDUM n June 28, 2005 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Dubuque Yacht Basin Assistant City Manager Cindy Steinhauser s recommending approval of a new lease between the City of Dubuque and Dubuque Yacht Basin. This lease is adjacent to their current lease and would be for placement of a sign for Catfish Charlie's Restaurant. This would be a three-year lease beginning July 1, 2005 through June 30, 2008 at an annual lease rate of $300 and would include standard insurance and indemnity language. In addition, Dubuque Yacht Basin has agreed to place signage for the Chaplain Schmidt Memorial adjacent to Admiral Sheehy Drive. I concur with the recommendation and respectfully request Mayor and City Council approval. I L . . / .' '1 .' " ,/ I. " ...It ('1 / I, .. Mich~el C. Van Milligen MCVM/ksf Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Gus Psi hoyos, City Engineer Ken TeKippe, Finance Director l~~J,"\\-' ----, -j 1 ') . ! 11 ; ~._j '_ '.C) . ' '..:.. ,~\ '" ':,-'.\ ., ,j , ,--.i .... '.,.J ,..i D~~~E ~Yk-~ MEMORANDUM June 28, 2005 TO: FROM: Michael C. Van Milligen, City Manager Cindy Steinhauser, Assistant City Manager(j{ iSf SUBJECT: Dubuque Yacht Basin Introduction The purpose of this memo is to request City Council approval of a new lease (Lease #4) between the City of Dubuque and Dubuque Yacht Basin. Discussion Dubuque Yacht Basin is a new lease with the City of Dubuque adjacent to their current leases. The purpose of the lease is to allow for the placement of a sign for the restaurant Catfish Charlie's. The terms of the lease are as follows: · Three-year lease beginning July 1, 2005 through June 30, 2008 . Annual lease rate is $300 · Standard insurance and indemnity language In addition, Dubuque Yacht Basin has agreed to place signage for the Chaplain Schmidt Memorial on the lease property adjacent to Admiral Sheehy Drive. Action The requested action is for City Council to approve the proposed lease between the City of Dubuque and Dubuque Yacht Basin. CS/ksf cc: Barry Lindahl, Corporation Counsel Gus Psihoyos, City Engineer Ken TeKippe, Finance Director Pre parer Information Barry A. Lindahl 300 Main Street Suite 330 Dubuque IA 52001 563 583-4113 Barry A. Lindahl ISBA # 6899 LEASE AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND THIS LEASE AGREEMENT dated for reference purpose the 1st day of July, 2005, by and between City of Dubuque, Iowa ("Landlord"), whose address, for the purpose of this lease, is City Hall, 13th and Central Avenue, Dubuque IA 52001, and Dubuque Yacht Basin, Inc (Tenant"), whose address for the purpose of this lease is 1630 East 16th Street Dubuque Iowa 52001 The parties agree as follows: 1. PREMISES AND TERM. Landlord leases to Tenant the following real estate, situated in Dubuque County, Iowa, shown on Exhibit A (the Leased Premises): together with all improvements thereon, and all rights, easements and appurtenances thereto belonging, for a term beginning on the 1st day of July, 2005, and terminating on th the 30 day of June, 2008. 2. RENT. Tenant agrees to pay Landlord as rent $ 300 per year, in advance on the 1 st day of July, 2005 and on the 1 st day of July of each year thereafter, during the term of this lease. All sums shall be paid at the address of Landlord, or at such other place as Landlord may designate in writing. 3. POSSESSION. Tenant shall be entitled to possession on the first day of the lease term, and shall yield possession to Landlord at the termination of this Lease. 4. USE. (a) Tenant shall use the Leased Premises only for the placement of a sign. Tenant shall prior to construction of the sign submit to Landlord for Landlord's approval a plan showing the design and location of the sign on Exhibit A. The sign shall comply with all applicable ordinances and regulations of the City of Dubuque, Iowa. After construction of the sign, Tenant shall provide Landlord with a plan showing the location of the sign as-build with reference to the Leased Premises on Exhibit A. (b) Tenant shall provide and maintain directional signage for Chaplain Schmitt Memorial on the lease property adjacent to Admiral Sheehy Drive. Tenant shall review design of sign with the City of Dubuque prior to installation. 5. CARE AND MAINTENANCE. (a) Tenant takes the Leased Premises as is. (b ) Tenant shall maintain the Leased Premises in a reasonable safe, serviceable, clean and presentable condition. Tenant shall make no structural changes or alterations without the prior written consent of Landlord. 6. UTILITIES AND SERVICES. Tenant shall pay for all utilities and services that may be used on the Leased Premises. Landlord shall not be liable for damages for failure to perform as herein provided, or for any stoppage for needed repairs or for improvements or arising from causes beyond the control of Landlord, provided Landlord uses reasonable diligence to resume such services. 7. SURRENDER. Upon the termination of this Lease Agreement, Tenant will surrender the Leased Premises to Landlord in good and clean condition, except for ordinary wear and tear or damage without fault or liability of Tenant. Tenant shall remove all improvements and materials placed on the Leased Premises and used by Tenant for the temporary concrete batch plant. Continued possession, beyond the term of this Lease Agreement and the acceptance of rent by Landlord shall constitute a month-to-month extension of this Lease Agreement. 8. ASSIGNMENT AND SUBLETTING. No assignment or subletting, either voluntary or by operation of law, shall be effective without the prior written consent of Landlord, which consent shall not unreasonably be withheld. 9. INSURANCE. Tenant shall provide insurance as set forth in the attached Insurance Schedule. 10. LIABILITY FOR DAMAGE. Each party shall be liable to the other for all damage to the property of the other negligently, recklessly or intentionally caused by that party (or their agents, employees or invitees), except to the extent the loss is insured and subrogation is waived under the owner's policy. 11. INDEMNITY Except for any negligence of Landlord, Tenant will protect, defend, and indemnify Landlord from and against any and all loss, costs, damage and expenses occasioned by, or arising out of, any accident or other occurrence causing or inflicting injury or damage to any person or property, happening or done in, upon or about the Leased Premises, or due directly or indirectly to the tenancy, use or occupancy thereof, or any part thereof by Tenant or any person claiming through or under Tenant. 12. DAMAGE. In the event of damage to the Leased Premises, so that Tenant is unable to conduct business on the Leased Premises, this Lease Agreement may be terminated at the option of either party. Such termination shall be effected by notice of one party to the other within twenty days after such notice; and both parties shall thereafter be released from all future obligations hereunder. 13. MECHANICS' LIENS. Neither Tenant, nor anyone claiming by, through, or under Tenant, shall have the right to file any mechanic's lien against the Leased Premises. Tenant shall give notice in advance to all contractors and subcontractors who may furnish, or agree to furnish, any material, service or labor for any improvement on the Leased Premises. 14. DEFAULT, NOTICE OF DEFAULT AND REMEDIES. EVENTS OF DEFAULT A. Each of the following shall constitute an event of default by Tenant: (1) Failure to pay rent when due; (2) failure to observe or perform any duties, obligations, agreements, or conditions imposed on Tenant pursuant to the terms of the Lease Agreement; (3) abandonment of the Leased Premises. "Abandonment" means the Tenant has failed to engage in its usual and customary business activities on the Leased Premises for more than fifteen (15) consecutive business days; (4) institution of voluntary bankruptcy proceedings by Tenant; institution of involuntary bankruptcy proceedings in which the Tenant thereafter is adjudged a bankruptcy; assignment for the benefit of creditors of the interest of Tenant under this Lease Agreement; appointment of a receiver for the property or affairs of Tenant, where the receivership is not vacated within ten (10) days after the appointment of the receiver. NOTICE OF DEFAULT B. Landlord shall give Tenant a written notice specifying the default and giving the Tenant ten (10) days in which to correct the default. If there is a default (other than for nonpayment of a monetary obligation of Tenant, including rent) that cannot be remedied in ten (10) days by diligent efforts of the Tenant, Tenant shall propose an additional period of time in which to remedy the default. Consent to additional time shall not be unreasonably withheld by Landlord. REMEDIES C. In the event Tenant has not remedied a default in a timely manner following a Notice of Default, Landlord may proceed with all available remedies at law or in equity, including but not limited to the following: (1) Termination. Landlord may declare this Lease Agreement to be terminated and shall give Tenant a written notice of such termination. In the event of termination of this Lease Agreement, Landlord shall be entitled to prove claim for and obtain judgment against Tenant for the balance of the rent agreed to be paid for the term herein provided, plus all expenses of Landlord in regaining possession of the Leased Premises and the reletting thereof, including attorney's fees and court costs, crediting against such claim, however, any amount obtained by reason of such reletting; (2) Forfeiture. If a default is not remedied in a timely manner, Landlord may then declare this Lease Agreement to be forfeited and shall give Tenant a written notice of such forfeiture, and may, at the time, give Tenant the notice to quit provided for in Chapter 648 of the Code of Iowa. 15. NOTICES AND DEMANDS. All notices shall be given to the parties hereto at the addresses designated unless either party notifies the other, in writing, of a different address. Without prejudice to any other method of notifying a party in writing or making a demand or other communication, such notice shall be considered given under the terms of this Lease Agreement when it is deposited in the U.S. Mail, registered or certified, properly addressed, return receipt requested, and postage prepaid. 16. PROVISIONS BINDING. Each and every covenant and agreement herein contained shall extend to and be binding upon the respective successors, heirs, administrators, executors and assigns of the parties hereto. CITY OF DUBUQUE, IOWA By Terrance M. Duggan, Mayor By Dave Pretasky Dubuque Yacht Basin, Inc. Attest: Jeanne F. Schneider, City Clerk Exhibit A ~ i ' '" .1.. , ."- . :l ,:v~ ~.' .ji '. 'r'if . . 1/ :. .(.. .I~ '", 11 '.f'~ " " .~.~~ ...~-....:~ ...,~\ \..t.. ~. '''.. \, .~ i!' t; .... ..,,, .-\.- ,l,;:,," r',' " 'fI,. ,. "ft', ~ ... ./' ...... ..Ii, . , .Ir~ .' "'; -. ,. ,., ..... ._.' . '.:ff;,' _.' 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