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Signed Contracts_Dubuque County Elections LeaseMasterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: David J. Heiar, Economic Development Director DATE: May 17, 2012 RE: Dubuque County Elections Lease Dubuque All-America City 11! 2007 INTRODUCTION Attached is a 1 year lease amendment with the Dubuque County Elections Commission for storage space in the basement of the Historic Federal Building. This is a windowless portion of the basement vacated by the Post Office. The County uses the space to store election equipment (voting machines). DISCUSSION Iowa law requires that the city hold a public hearing prior to leasing public property for longer than 3 years. According to City Attorney Barry Lindahl, since this is for Tess than 3 years, it does not need Council approval and the amendment may be authorized by the City Manager. ACTION STEP No action is required. This is for informational purposes only. THIRD AMENDMENT TO LEASE AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND DUBUQUE COUNTY ELECTIONS COMMISSION This Third Amendment to Lease Agreement between the City of Dubuque, Iowa (Landlord) and Dubuque County Elections Commission (Tenant) is made as of the 3-44' day of )-t _ , 2012. WHEREAS Landlord and Tenant entered into a Lease Agreement dated June 9, 2008, which Lease Agreement expires June 30, 2012; and WHEREAS Landlord and Tenant desire to extend the term of the Lease Agreement, NOW, THEREFORE, IT IS AGREED BY AND BETWEEN LANDLORD AND TENANT AS FOLLOWS: 1. Section 1 of the Lease Agreement is hereby amended to read as follows: The Landlord, in consideration of the rents, agreements and conditions herein contained, leases to the Tenant and Tenant leases from Landlord, according to the terms of this Lease, the following described premises (the Leased Premises) situated in Dubuque County, Iowa: • 1088 sq. feet, basement floor Federal Building, located at 350 West 6th Street, Dubuque, IA, 52001, Room B -33. with the improvements thereon, and all rights, easements and appurtenances, which, more particularly, includes the space and premises as may be shown on "Exhibit A," if attached, for a term of one (1) year (the Term), commencing at midnight of the day previous to the first day of the Lease Term, which shall be July 1, 2012, and ending at midnight on the last day of the Lease Term, which shall be June 30, 2013, upon the condition that the Tenant pays rent therefor, and otherwise performs as in this Lease provided. With a 90 day notice prior to the expiration of this agreement, the tenant shall have the option to renew the lease for one (1) additional year, with the same terms and conditions. 2. Section 2 of the Lease Agreement is hereby amended to read as follows: Tenant agrees to pay to Landlord as rental for the Term, as follows: $375 per month, in advance, the first rent payment becoming due on the 1st day of July, 2012, and the same amount, per month, in advance, on the 1st day of each month thereafter, during the Term of this Lease.. All sums shall be paid at the address of Landlord, as above designated, or at such other place in Iowa, or elsewhere, as the Landlord may, from time to time, designate in writing. Delinquent payments shall draw interest at 9 % per annum from the due date, until paid. 3. All other terms of the Lease Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have caused this Third Amendment to Lease Agreement to be executed as of the day and year first above written. LANDLORD: CITY OF DUBUQUE, IOWA By Michael C. Van Milligen City Manager TENANT: DUBUQUE COUNTY ELECTIONS COMMISSION By l G, F:\USERS\Econ Dev \Federal Building \Dubuque County Elections120120426 Lease 3rd Amendment.doc RESOLUTION 12 - /2 -7 WHEREAS, the County currently rents space from the City of Dubuque at the Federal Building for storage of election equipment; and WHEREAS, the lease currently expires on June 30, 2012. NOW, THEREFORE BE IT RESOLVED that the Dubuque County Board of Supervisors approves and authorizes the Chair to sign the lease with the City of Dubuque for space at the Federal Building through June 30, 2013 at a cost of $4,500. Resolution adopted this 7th day of May, 2012. Daryl Klffn, Chair Board of Supervisors ATTEST: )11 0-44,_c4„..A Mona Manternach Deputy Dubuque County Auditor