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US Post Office Lease Amendment June 2012Renewalopt 01/2005 �, LIPOSTNITEDS/JL TES Exercise of Renewal Option SERVT/.I ICE. Facility Name /Location: DUBUQUE- MAIN OFFICE (182610 -001) County : Dubuque 350 W 6TH ST STE 124, DUBUQUE, IA 52001 -9998 Lease: E00000214698 To CITY OF DUBUQUE FINANCE DEPARTMENT CITY HALL 50 W 13TH ST DUBUQUE. IA 52001 -4805 Certified Mail # 70060100000125435635 Issuing Office 7500 EAST 53RD PLACE, RM 1108 DENVER, CO 80266 -9918 Date of Existing Lease: 10/19/2007 The existing Lease was amended by: Amendment No. 002 accepted by the USPS on 09/26/2012 Amendment No. 001 accepted by the USPS on 07/03/2012 Pursuant to the Lease covering this facility, the Postal Service hereby exercises its option to renew said Lease as follows: Term: 5 Years From (Date): 10/01/2012 To (Date): 09/30/2017 Annual Rate: $218,350.00 In all other respects, the said Lease shall remain the same and is hereby confirmed. Remarks Exercising last available five year renewal option. Thank you for providing this property for Postal use. Y�I Pririe a Date Name of Contacting Officer Signature 09/26/2012 W Hunter Roop Renewalopt 01/2005 UNITED STATES POSTAL SERVICE_ Lease Amendment Facility Name /Location MAIN OFFICE (182610 -001) 350 W 6TH ST STE 124, DUBUQUE, IA 52001 -9998 Amendment No: 002 Lease: E00000214698 This refers to the Lease accepted by the United States Postal Service, hereinafter called the Postal Service, under date of 10/19/2007 , whereby there is leased to the Postal Service the above - described facility. WHEREAS, the Postal Service desires and Landlord is willing to amend the Lease as specified below; NOW THEREFORE, in consideration of the mutual covenants and agreements herein set forth, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties do hereby agree as follows, effective on the date this document is executed by the Postal Service. reduce the Renewal Option notice period to 0 days notice before the end of the original lease term. Upon execution of this amendment by the United States Postal Service the renewal option will be simultaneoulsy exercised at the increased rental amount of $218,350.00 per year for the term effective 10 -01 -2012 thru 9 -30 -2017. In all other respects, the Lease shall remain the same and is hereby confirmed. February 2004 1 UNITED STATES POSTAL SERVICE_ Lease Amendment EXECUTED BY LANDLORD this ca? of day of ]v CORPORATION City of Dubuque By executing this Lease Amendment, Landlord certifies that Landlord is not a USPS employee or contract employee (or an immediate family member of either), or a business organization substantially owned or controlled by a USPS employee or contract employee (or an immediate family member of either). By: Name & Title Kevin Lynch Roy -Buol, Mayor Mayor Pro Tem Name & Title Name & Title Name &.titlri Kevin Firnstahl City Clerk Name & Title Name & Title Landlord's Name: CITY OF DUBUQUE FINANCE DEPT e-mail: NNOV:iii.V4i1914KasiNtWaYg and address CITY HALL 50 W 13TH STREET kfirnstall cityofdubuque.org DUBUQUE, IA Landlord's Telephone Number(s): (563) 589 - 4121 No.: XX- XXX4596 Social Sec r)ty No. or Federal Tax Identification , lit' ►, !1,i j Witness f Zip +4: 52001 -4662 FAX: (563) 589 - 0890 .11 1'7 �- / Witness a. Where the Landlord is a corporation, leases and lease amendments entered into must have the corporate seal affixed or in place thereof the statement that the corporation has no seal. b. Where the Landlord is a corporation, municipal corporation, non - profit organization, or fraternal order or society, the Lease Amendment must be accompanied by documentary evidence affirming the authority of the agent, or agents, to execute the Lease Amendment to bind the corporation, municipal corporation, non - profit organization, or fraternal order or society for which he (or they) purports to act. The usual evidence required to establish such authority is in the form of extracts from the articles of incorporation, or bylaws, or the minutes of the board of directors duly certified by the custodian of such records, under the corporate seal. Such resolutions. when required, must contain the essential stipulations embodied In the Lease Amendment. The names and official titles of the officers who are authorized to sign the Lease Amendment must appear in the document. c. Any notice to Landlord provided under this Lease Amendment or under any law or regulation must be in writing and submitted to Landlord at the address specified above, or at an address that Landlord has otherwise appropriately directed in writing. Any notice to the Postal Service provided under this Lease Amendment or under any law or regulation must be in writing and submitted to "Contracting Officer, U.S. Postal Service" at the address specified below, or at an address that the Postal Service has otherwise directed in writing. Date: W HUNTER ROOP ACC • CE =Y THE OSTAL SE - DICE Contracting Officer Signature of Contracting Officer Western FSO 7500 EAST 53RD PLACE, RM 1108, DENVER, CO 80266 -9918 Address of Contracting Officer Signature Page (Corporation) 04/04 2 Sterling Codifiers, Inc. http:// www. sterlingcodifiers .com /codebook/getBookData.php ?sectio... 1 -6A -6: PRESIDING OFFICER:I A. Presiding Officer: The mayor shall preside as the presiding officer at all meetings of the city council. In the absence of the mayor, the mayor pro tem shall preside. In the absence of both the mayor and the mayor pro tem, the city council shall elect a presiding officer. 1. The mayor pro tern shall sit to the immediate right of the mayor. 2. While the mayor is putting the question, no member shall walk across or out of the council room. 3. While a member is speaking, no member shall entertain private discourse. B. Call To Order: The meetings of the city council shall be called to order by the mayor or, in the mayor's absence, by the mayor pro tem. In the absence of both the mayor and the mayor pro tem, the meeting shall be called to order by the city clerk for the election of a temporary presiding officer. C. Preservation Of Order: The presiding officer shall preserve order and decorum, prevent attacks on personalities or the impugning of members' motives, and confine members in debate to the question under discussion. D, Points Of Order: The presiding officer shall determine all points of order, subject to the right of any member to appeal to the city council. If any appeal is taken, the question shall be, "Shall the decision of the presiding officer be sustained "? E. Motion To Reconsider: A motion to reconsider shall not be entertained except at the same city council meeting, or at the next succeeding regular city council meeting after the meeting on which the vote was taken and shall be made only by a member who voted with the prevailing side. A motion to reconsider cannot be made by a member who abstained on the vote which is sought to be reconsidered. F. Substitution For Presiding Officer: The mayor may call upon the mayor pro tem or in the absence of the mayor pro tem any other member to temporarily chair the city council meeting in order to take part in debate, to make a motion, or to cover a temporary absence. Such substitution shall not continue beyond adjournment. (2007 Code § 2 -35) I of 1 9/24/2012 2:57 PM Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: United States Postal Service Lease DATE: June 14, 2012 Dubuque bierd All-America City 1 2007 Economic Development Director Dave Heiar recommends City Council approval of a five year lease extension with the U. S. Post Office and approval of the modification of the lease to provide for a 90 day notice of termination clause for space in the Historic Federal Building. The new lease rate will increase from $198,500 per year to $218,350 per year as stated in the renewal option. All other terms of the lease will remain the same. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager David Heiar, Economic Devleopment Director Masterpiece on the Mississippi TO: Michael Van Milligen, City Manager FROM: David J. Heiar, Economic Development Director SUBJECT: United States Postal Service Lease DATE: June 14, 2012 Dubuque katil All- America City 1 2007 INTRODUCTION The current lease for the United States Post Office in the Historic Federal Building expires in October 2012. The Post Office has given notice of the exercise of its option in the lease for a 5 year extension with one modification to the current terms of the lease. BACKGROUND When the City accepted the Federal Building from the GSA on July 1, 2006, the City also agreed to honor existing lease agreements. The lease with the United States Postal Service lease expired on October 1, 2007. It took over 15 months of discussions and negotiations with the United States Postal Service property management officer, located in Denver, Colorado, to modify many of the provisions in the inherited lease. In October of 2007, the City Council approved a new lease. The major provisions of the lease (see attached) are as follows: • The lobby area is considered joint use. The United States Postal Service agrees to pay for a portion of the lobby area. • The City and its tenants will have access to the loading docks. • The United States Postal Service will be responsible for cleaning their exclusive space. • The United States Postal Service will reduce the amount of space needed. They will no longer lease any space in the basement. • Although the total exclusive leased space will decrease, the annual lease cost will increase from $190,418 to $198,500. • The lease price is fixed for five years with the option to renew for another 5 year term at $218,350 per year. • The United States Postal Service will reimburse the City for a pro -rated share of property taxes. • The United States Postal Service will continue to lease 12 parking spaces along the building. They may wish to amend this portion of the lease when the carriers are relocated to the West end location. Parking spaces are calculated at $32.00 per month, per stall. The City will have the right to temporarily relocate parking if needed during building renovation projects. The lease price includes utilities. Prior to approving this lease, the City Council held a public hearing on these lease terms including the 5 year renewal option. In the summer of 2011, our office was contacted by representatives of the U.S. Post Office indicating their desire to decrease the space utilized for their services in the Historic Federal Building. There were several contacts over the past year, which included a draft floor plan prepared by Post Office consultants indicating how the current space could be subdivided. It has been at least 3 months since our last communication. On June 8th, the City received the attached notice of the Post Office's exercise of the 5 year renewal option, with one new provision added to the lease. The current lease does not provide a provision to terminate prior to the end of the term. The Post Office has indicated that all new leases must have a termination clause. The Post Office is requesting a 90 day notice for termination. RECOMMENDATION /ACTION STEP I recommend that the City Council acknowledge receipt of the U. S. Post Office's exercise of the 5 year lease extension option and approve the modification of the lease to provide for a 90 day notice of termination clause for space in the Historic Federal Building as specified in this memo, and as further detailed in the attached lease. The new lease rate will increase from $198,500 per year to $218,350 per year as stated in the renewal option. All other terms of the lease will remain the same. Attachments F \USERS \Econ Dev \Federal Building \US Postal Service \20120614_Post Office lease Council Memo_1 doc WESTERN FACILITIES SERVICE OFFICE UNITED STATES POSTAL SERVICE June 4, 2012 #6-c-49 CITY OF DUBUQUE FINANCE DEPT CITY HALL 50 W 13TH STREET Dubuque, IA 52001 -4662 SUBJECT: United States Post Office — 350 W 6th ST, STE 124 Dubuque, IA 52001 -9998 Dear Lessor: The Postal Service is pleased to inform you that we have been authorized to renew our lease "with modification only" at the above mentioned location. Therefore, enclosed are copies of an Amendment agreement for your review. The rent for the renewal period was developed using sound appraisal principles. We request that no modifications be made to the amendment unless first discussed. Should the Amendment meet with your approval, please sign, witness and date, where indicated and return to my attention using the enclosed postage -paid envelope. The following instructions have been added for your convenience to help expedite the matter: • Please date the agreement at the top of page 2 on the date that you sign it. • Your signature(s) must be witnessed by two parties OR notarized, whichever is easiest for you. • Updated W -9(s) required. Notice: All owners of record are advised to read the Amendment thoroughly to ensure that each party is in agreement with the terms and conditions of this contract. Please note: • A Termination Option has been added to the Lease language. USPS requires a termination option in all leases. This is non - negotiable. The Postal Service respectfully requests that the signed documents be returned within 10 days of receiving them. Should the Lease Amendment not be returned in a timely manner, the Postal Service will view this as an inability to come to terms and a loss of leasehold. The Postal shall then take the appropriate steps needed to begin vacating the premises. Please contact me at 303.227.5658 to discuss any modifications, or should you have any questions. Thank you for providing this facility for US Postal Service use. Sincerely, Garry Matto Real Estate Specist Enclosures 7500 EAST 53R° STREET, RM 1108 DENVER CO 80266 -9918 www.usps.com a UNITED STATES POSTAL SERVICE Lease Amendment Facility Name /Location MAIN OFFICE (182610 -001) 350 W 6TH ST STE 124, DUBUQUE, IA 52001 -9998 Amendment No: 001 Lease: E00000214698 This refers to the Lease accepted by the United States Postal Service, hereinafter called the Postal Service, under date of 10/19/2007 , whereby there is leased to the Postal Service the above - described facility. WHEREAS, the Postal Service desires and Landlord is willing to amend the Lease as specified below; NOW THEREFORE, in consideration of the mutual covenants and agreements herein set forth, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties do hereby agree as follows, effective on the date this document is executed by the Postal Service. During the term of the Second Renewal Option effective 10 -01 -2012 thru 09/30/2017, the Postal Service may terminate this lease with a 90 -day written notice to the Lessor. In all other respects, the Lease shall remain the same and is hereby confirmed. February 2004 1 (UNITED STATES. POSTAL SERVICE. Lease Amendment EXECUTED BY LANDLORD this 201-h day of A „fin t 2 0 1 2 CORPORATION City of Dubuque By executing this Lease A endment, Landlord certifies that Landlord is not a USPS employee or contract employee (or an immediate family member of either), or a business g anization substantially owned or controlled by a USPS employee or contract e • ,yee (or an immediate family member of either). By: Name & Titl Name & Title oy Buol, Mayor Name & Title Landlord's Name: CITY OF DUBUQUE FINANCE DEPT and address CITY HALL 50 W 13TH STREET DUBUQUE, IA Landlord's Telephone Number(s): (563) 589 - 4121 Social Security No. or Federal Tax Identification No.: XX- XXX4596 Witness 141L-11 / a. Where the Landlord is a corporation, leases and lease amendments entered into must have the corporate seal affixed or in place thereof the statement that the corporation has no seal. b. Where the Landlord is a corporation, municipal corporation, non - profit organization, or fraternal order or society, the Lease Amendment must be accompanied by documentary evidence affirming the authority of the agent, or agents, to execute the Lease Amendment to bind the corporation, municipal corporation, non - profit organization, or fraternal order or society for which he (or they) purports to act. The usual evidence required to establish such authority is in the form of extracts from the articles of incorporation, or bylaws, or the minutes of the board of directors duly certified by the custodian of such records, under the corporate seal. Such resolutions, when required, must contain the essential stipulations embodied in the Lease Amendment. The names and official titles of the officers who are authorized to sign the Lease Amendment must appear in the document. c. Any notice to Landlord provided under this Lease Amendment or under any law or regulation must be in writing and submitted to Landlord at the address specified above, or at an address that Landlord has otherwise appropriately directed in writing. Any notice to the Postal Service provided under this Lease Amendment or under any law or regulation must be in writing and submitted to "Contracting Officer, U.S. Postal Service” at the address specified below, or at an address that the Postal Service has otherwise directed in writing. Name & Ti e Kevin Firnstahl City Cler Name & Title Name & Title e -mail: fee hrleid@e+tyeftlebtigtie?er4g- kfirnsta @cityofdubuque.org Zip +4: 52001 -4662 FAX: (563) 589 - 0890 Witness ACCEPTANCE BY THE POSTAL SERVICE Date: Candace S Kinne Contracting Officer Signature of Contracting Officer Western FSO 7500 EAST 53RD PLACE, RM 1108, DENVER, CO 80266 -9918 Address of Contracting Officer Signature Page (Corporation) 04/04 2 UNITED STATES l POSTAL SERVICE_ EXECUTED BY LANDLORD this 18th day of June Lease Amendment 2012 CORPORATION City of Dubuque By executing this Lease Amendment, Landlord certifies that Landlord is not a USPS employee or contract employee (or an immediate family member of either), or a business organization substantially owned or controlled by a USPS employee or contract employee (or an immediate family member of either). By: Name & Titl Name & Title oy Buol, Mayor Name & Title Landlord's Name: CITY OF DUBUQUE FINANCE DEPT and address CITY HALL 50 W 13TH STREET DUBUQUE, IA Landlord's Telephone Number(s): (563) 589 - 4121 Social Security No. or Federal Tax Identification No.: XX-XXX4596 Witness & Title aKINUEGOMKINr, City Clerk Kevin S. Firnstahl, City Clerk Name & Title Name & Title e -mail 1s cft^ c itYaf aq g kfirnsta @cityofdubuque.org Zip +4: 52001 -4662 FAX: (563) 589 - 0890 &7J ij!l/CCa44.67v Witness a. Where the Landlord is a corporation, leases and lease amendments entered into must have the corporate seal affixed or in place thereof the statement that the corporation has no seal. b. Where the Landlord is a corporation, municipal corporation, non - profit organization, or fraternal order or society, the Lease Amendment must be accompanied by documentary evidence affirming the authority of the agent, or agents, to execute the Lease Amendment to bind the corporation, municipal corporation, non - profit organization, or fraternal order or society for which he (or they) purports to act. The usual evidence required to establish such authority is in the form of extracts from the articles of incorporation, or bylaws, or the minutes of the board of directors duly certified by the custodian of such records, under the corporate seal. Such resolutions, when required, must contain the essential stipulations embodied in the Lease Amendment. The names and official titles of the officers who are authorized to sign the Lease Amendment must appear in the document. c. Any notice to Landlord provided under this Lease Amendment or under any law or regulation must be in writing and submitted to Landlord at the address specified above, or at an address that Landlord has otherwise appropriately directed in writing. Any notice to the Postal Service provided under this Lease Amendment or under any law or regulation must be in writing and submitted to "Contracting Officer, U.S. Postal Service" at the address specified below, or at an address that the Postal Service has otherwise directed in writing. Date: fri D 3 ■24/2=---- Contracting Officer Signat ure of Contra tin g Officer ACCEPTA STAL SERVIC Western FSO 7500 EAST 53RD PLACE, RM 1 108, DENVER, CO 80266 -9918 Address of Contracting Officer Signature Page (Corporation) 04/04 2 WESTERN FACILITIES SERVICE OFFICE UNITED STATES POSTAL SERVICE October 22, 2007 CITY OF DUBUQUE FINANCE DEPT CITY HALL 50 W 13TH ST DUBUQUE IA 52001 -4805 SUBJECT: MAIN OFFICE (182610 -001) DUBUQUE IA 52001 -9998 New Lease Honorable Mayor Roy Buol: Certified Mail # 2546 5595 Return Receipt Requested Enclosed are two executed leases for the subject property for a five -year term effective October 1, 2007, through September 30, 2012, at an annual rental rate of $198,500.00. As a reminder, rental payments are payable in equal installments at the end of each calendar month. The second executed lease is to be recorded in its entirety as provided in our lease under General Conditions, Paragraph 2, Recording. The lease needs to be recorded without expense to the Postal Service, in the proper office for the registry of deeds in the county in which the quarters are located. Please return the recorded lease to my attention to the below address by November 30, 2007. When writing or contacting us by phone regarding the subject facility, please refer to the nine -digit finance number, 182610 -001, also noted on the subject line of this letter. If you have any questions or concerns regarding the contents of this letter please contact Mike Ward at (303) 220 -6557. Thank you for providing this space for postal use. Sincerely, UcAtioe,e0.21t- Vance Bennett Contracting Officer Distr: Postmaster Michael E. Ward, Real Estate Specialist Enclosures 160 INVERNESS DR W STE 400 ENGLEWOOD, CO 80112 -5005 UNITED STATES POSTAL SERVICE,,, Lease DUBUQUE - MAIN OFFICE (182610 -001) 350 W 6TH ST STE 109, DUBUQUE, IA 52001 -9998 UNITED STATES POSTAL SERVICE. Lease Facility Name /Location DUBUQUE - MAIN OFFICE (182610 -001) 350 W 6TH ST STE 109, DUBUQUE, IA 52001 -9998 County:Dubuque Project:E18543 This Lease made and entered into by and between CITY OF DUBUQUE FINANCE DEPT hereinafter called the Landlord, and the United States Postal Service, hereinafter called the Postal Service: In consideration of the mutual promises set forth and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties covenant and agree as follows: 1. The Landlord hereby leases to the Postal Service and the Postal Service leases from the Landlord the following premises, hereinafter legally described in paragraph 7, in accordance with the terms and conditions described herein and contained in the 'General Conditions to U.S. Postal Service Lease,' attached hereto and made a part hereof. Upon which is a Three Story, multi- tenant building and which property contains areas, spaces, improvements, and appurtenances as follows: AREA SQ. FEET Net Interior Floor Space 17,034 Exterior, Platform and Ramp 1,056 Exterior Parking, USPS 2,400 COMMON /JOINT USE AREA Jt -use Park & Maneuvering Spac Gross Rentable SF of Building 57,968 USPS Occupies 31.74% Exterior Parking consists of 12 vehicle spaces, circulation and maneuvering for dock access. Total Site Area: 27,508.00 SQ. FEET 7,018 2. TO HAVE AND TO HOLD the said premises with their appurtenances for the following term: FIXED TERM: The term becomes effective October 01, 2007 with an expiration date of September 30, 2012, for a total of 5 Years. 3. RENTAL: The Postal Service will pay the Landlord an annual rental of: $198,500.00 (One Hundred Ninety Eight Thousand Five Hundred and 00/100 Dollars) payable in equal installments at the end of each calendar month. Rent for a part of a month will be prorated. Rent checks shall be payable to: CITY OF DUBUQUE FINANCE DEPT CITY HALL 50 W 13TH STREET DUBUQUE, IA 52001 -4662 unless the Contracting Officer is notified, in writing by Landlord, of any change in payee or address at least sixty (60) days before the effective date of the change. February 2004 1 UNITED STATES POSTAL SERVICE. Lease 4. RENEWAL OPTIONS: The Lease may be renewed at the option of the Postal Service, for the following separate and consecutive terms and at the following annual rentals: EFFECTIVE DATE EXPIRATION DATE PER ANNUM RENTAL 10/01/2012 09/30/2017 $218,350.00 provided that notice is sent, in writing, to the Landlord at least 60 days before the end of the original lease term and each renewal term. All other terms and conditions of this Lease will remain the same during any renewal term unless stated otherwise herein. 5. OTHER PROVISIONS: The following additional provisions, modifications, riders, layouts, and /or forms were agreed upon prior to execution and made a part hereof: Utilities Services & Equipment Rider, Maintenance Rider - Landlord Responsibility, Percentage Reimbursement of Paid Taxes Rider, Mortgagee's Agreement. 6. TERMINATION: None, except as specified elsewhere in this Lease. 7. LEGAL DESCRIPTION: A rectangular shaped parcel approximately 259 feet (wide) X 183.5 feet (long), described as Lots 139, 140, 101, 102, the North 54.5 Feet of Lot 138, the North 54.5 feet of Lot 103, City Lots. The site is located in the North East 1/4 of the South East 1/4, Section 25, Township 89 North, Range 2 East, Dubuque County, Iowa and contains approximately 47,546.5 square feet or 1.09 Acres more or less. February 2004 2 UNITED STATES POSTAL SERVICE Addendum Facility Name /Location DUBUQUE - MAIN OFFICE (182610 -001) 350 W 6TH ST STE 109, DUBUQUE, IA 52001 -9998 County: Dubuque Project: E18543 The parties agree that the City of Dubuque and any contractors employed by the City may have building access via, the dock leased to the USPS only between the hours of 9:00 A.M. and 1:00 P.M., Monday though Friday not inclusive of any Federal Holiday, or at other times approved by the Postmaster, upon providing not less than a 24 -hour advance notice to the Postmaster. The City, its employees and /or contractors may not use any of the dock area for storage of materials beyond the access time herein authorized and the use of the dock shall not interefere with the USPS mail operations. In addition to the spaces specifically demised on page 1 under Area and Square Feet, the parties agree that the USPS shall have joint use of building support and common use areas including but not necessarily limited to all points of common building ingress and egress, elevator lobbies and hallways on all floors of the building. Net Interior Floor Space shown at item 1. on page 1, includes 351 square feet of Second Floor Office Space for use by the Office of Inspector General. During periods of building rennovation /construction, the City of Dubuque may, for periods not to exceed a cummulative total of 60 -days in any calendar year, provide alternative parking in the lot located immediately West of this building at the corner of 5th Street and Bluff Street. There will be no adjustment in rent, nor will the USPS incur any additional parking expense for these periods. Not less than 72 hours advance notice to the Postmaster is required to facilitate USPS move to the altenate parking location. February 2004 3 UNITED STATES POSTAL SERVICE_ Lease EXECUTED BY LANDLORD this /1-7,,Y1 day of aei y , ;2,V f' CORPORATION By executing this Lease, Landlord certifies that Landlord is not a USPS employee or contract employee (or an immediate family member of either), or a business organization substantially owned or controlled by a USPS employee or contract employee (or an immediate family member of either). Name of C4jporatio • City of Dubuque Name & T: e: Roy BMayor & Title: Jeanne Schneider, City Clerk Landlord's Address: CITY HALL 50 W 13TH STREET Name & Title: Name & Title: DUBUQUE, IA 52001 -4662 Telephone No.: (563) 589 - 4121 E-mail Address: jschneid@cityofdubuque.org Fax No.: (563) 589 - 0890 Tax ID: XXX -XX -4596 Witness Witness a. Where the Landlord is a corporation, leases and lease agreements entered into must have the corporate seal affixed, or in place thereof, the statement that the corporation has no seal. b. Where the Landlord is a corporation, municipal corporation, non - profit organization, or fraternal order or society, the Lease must be accompanied by documentary evidence affirming the authority of the agent, or agents, to execute the Lease to bind the corporation, municipal corporation, non - profit organization, or fraternal order or society for which he (or they) purports to act. The usual evidence required to establish such authority is in the form of extracts from the articles of incorporation, or bylaws, or the minutes of the board of directors duly certified by the custodian of such records, under the corporate seal. Such resolutions, when required, must contain the essential stipulations embodied in the Lease. The names and official titles of the officers who are authorized to sign the Lease must appear in the document. c. Any notice to Landlord provided under this Lease or under any law or regulation must be in writing and submitted to Landlord at the address specified above, or at an address that Landlord has otherwise appropriately directed in writing. Any notice to the Postal Service provided under this Lease or under any law or regulation must be in writing and submitted to "Contracting Officer, U.S. Postal Service" at the address specified below, or at an address that the Postal Service has otherwise directed in writing. Date ACCEPTANCE BY THE POSTAL SERVICE l nature of Contracting Officer Vance Bennett Contracting Officer Western FSO 160 INVERNESS DRIVE WEST SUITE 400, ENGLEWOOD, CO 80112 -5005 Address of Contracting Officer February 2004 4 UNITED STATES POSTAL SERVICE.. Form of Acknowledgment for Corporations STATE OF Iowa COUNTY OF Dubuque Personally appeared before me, a Notary Public in and for the County and State aforesaid, Roy D. Buol and Jeanne F. Schneider (Name of authorized officer(s) signing lease) who is /are known to me to be the Mayor and City Clerk (Titles of officer(s) signing lease) of the City of Dubuque, Iowa (Name of Corporation) and to be the same person(s) who executed the foregoing lease, who depose(s) and say that said person(s) know(s) the seal of the said corporation, that the seal affixed to the above instrument is the seal of said corporation, and that it was affixed, and that said person(s) signed this lease by the authority of the said corporation, for the purposes set forth, and as said person(s) own free and voluntary act. Done at Dubuque , in the County and State aforesaid, this lst day of October , 2007. NOTARIAL SEAL 'OwP SUSAN M. WINTER COMMISSION NO.183274 MY COMMISSION EXPIRES 2/14/08 P.M/A ) Notary P,Lblic My commission expires � /" IYV . NOTE: If the corporation is without a seal, that portion of the acknowledgment referring to a seal should be stricken out, and on the blank line following this statement should be made: "and that the said corporation has no corporate seal." REACKC (Nov 97, v2.0, P) UNITED STATES POSTAL SERVICE Form of Acknowledgment for Contracting Officer STATE OF C C) I 0,(i 0 COUNTY OF 11\as ,LvAr) Personally appeared before me, a Notary Public in and for the County and State aforesaid, Vance Bennett (name of Contracting Officer) known to be a Contracting Officer of the United States Postal Service, and whose address is: Western FSO 160 INVERNESS DRIVE WEST SUITE 400 ENGLEWOOD, CO 80112 -5005 and to be the same person who executed the foregoing Lease, who deposes and says that (s)he signed his /her name thereto by authority of said Postal Service, for the purposes set forth, and as his /her own free and voluntary act. Witness my hand and notarial seal, in the County and State aforesaid, this day of ((_ • c C , 20 C7 . NOTARIAL SEAL MICHELLE AVON Notary Public Sato of Colorado Notary P bit My commission expires 07 DoLo February 2004 5 UNITED STATES POSTAL SERVICE_ 1. CHOICE OF LAW This Lease shall be governed by federal law. 2. RECORDING General Conditions to USPS Lease This Lease or a memorandum thereof, with the commencement date and all other necessary dates inserted, must be recorded by the Landlord at its sole expense. Such expense includes all fees required for or incident to recording. If the Landlord fails to record the Lease, or a memorandum thereof, the Postal Service may record the Lease or a memorandum thereof, and deduct all costs associated therewith from future rents. 3. MORTGAGEE S AGREEMENT If there is now or will be a mortgage on the property which is or will be recorded prior to the recording of the Lease, the Landlord must notify the contracting officer of the facts concerning such mortgage and, unless in his sole discretion the contracting officer waives the requirement, the Landlord must furnish a Mortgagee's Agreement, which will consent to this Lease and shall provide that, in the event of foreclosure, mortgagee, successors, and assigns shall cause such foreclosures to be subject to the Lease. 4. ASSIGNMENTS a. The terms and provisions of this Lease and the conditions herein are binding on the Landlord and the Postal Service, and all heirs, executors, administrators, successors, and assigns. b. If this contract provides for payments aggregating $10,000 or more, claims for monies due or to become due from the Postal Service under it may be assigned to a bank, trust company, or other financing institution, including any federal lending agency, and may thereafter be further assigned and reassigned to any such institution. Any assignment or reassignment must cover all amounts payable and must not be made to more than one party, except that assignment or reassignment may be made to one party as agent or trustee for two or more parties participating in financing this contract. No assignment or reassignment will be recognized as valid and binding upon the Postal Service unless a written notice of the assignment or reassignment, together with a true copy of the instrument of assignment, is filed with: 1. the contracting officer; and 2. the surety or sureties upon any bond. c. Assignment of this contract or any interest in this contract other than in accordance with the provisions of this clause will be grounds for termination of the contract for default at the option of the Postal Service. d. Nothing contained herein shall be construed so as to prohibit transfer of ownership of the demised premises, provided that: 1. such transfer is subject to this Lease agreement; and 2. both the original Landlord and the successor Landlord execute the standard Certificate of Transfer of Title to Leased Property and Lease Assignment and Assumption form to be provided by the USPS Contracting Officer; and in the case of new leased space projects, the lease may only be assigned or ownership of the property transferred following commencement of the fixed term, unless prior written consent is obtained from the Postal Service. 5. APPLICABLE CODES AND ORDINANCES The Landlord, as part of the rental consideration, agrees to comply with all codes and ordinances applicable to the ownership and operation of the building in which the rented space is situated and to obtain all necessary permits and related items at no cost to the Postal Service. When the Postal Service or one of its contractors (other than the Landlord) is performing work at the premises, the Postal Service will be responsible for obtaining all necessary and applicable permits, related items, and associated costs. 6. SUBLEASE The Postal Service may sublet all or any part of the premises or assign this lease but shall not be relieved from any obligation under this lease by reason of any subletting or assignment. 7. RESTORATION AND ALTERATIONS a. Upon written notification by Landlord within 30 days of the expiration or termination of this Lease, the Postal Service shall restore the premises to a "broom clean" and usable condition, excepting the following: reasonable and ordinary wear and tear; and damages by the elements or by circumstances over which the Postal Service has no control. If Landlord provides the above notice, the Postal Service and Landlord shall negotiate and reach agreement on necessary items of restoration and the reasonable cost for restoration; the Postal Service shall pay Landlord this agreed - upon amount and shall have no further restoration duties under this Lease. b. The Postal Service shall have the right to make alterations, attach fixtures and erect additions, structures or signs in or upon the premises hereby leased (provided such alterations, additions, structures, or signs shall not be detrimental to or inconsistent with the rights granted to other tenants on the property or in the building in which said premises are located); which fixtures, additions a: structures so placed in, upon or attached to the said premises shall be and remain the property of the Postal Service and may be removed or otherwise disposed of by the Postal Service. gencond Oct 2006 GC-1 UNITED STATES POSTAL SERVICE. General Conditions to USPS Lease 8. CLAIMS AND DISPUTES a. This contract is subject to the Contract Disputes Act of 1978 (41 U.S.C. 601 -613) ("the Act"). b. Except as provided in the Act, all disputes arising under or relating to this contract must be resolved under this clause. c. "Claim," as used in this clause, means a written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to this contract. However, a written demand or written assertion by the Landlord seeking the payment of money exceeding $100,000 is not a claim under the Act until certified as required by subparagraph d below. A voucher, invoice, or other routine request for payment that is not in dispute when submitted is not a claim under the Act. The submission may be converted to a claim under the Act by complying with the submission and certification requirements of this clause, if it is disputed either as to liability or amount or is not acted upon in a reasonable time. d. A claim by the Landlord must be made in writing and submitted to the contracting officer for a written decision. A claim by the Postal Service against the Landlord is subject to a written decision by the contracting officer. For Landlord claims exceeding $100,000, the Landlord must submit with the claim the following certification: 1 certify that the claim is made in good faith, that the supporting data are accurate and complete to the best of my knowledge and belief, that the amount requested accurately reflects the contract adjustment for which the Landlord believes the Postal Service is liable, and that I am duly authorized to certify the claim on behalf of the Landlord." The certification may be executed by any person duly authorized to bind the Landlord with respect to the claim. e. For Landlord claims of $100,000 or less, the contracting officer must, if requested in writing by the Landlord, render a decision within 60 days of the request. For Landlord- certified claims over $100,000, the contracting officer must, within 60 days, decide the claim or notify the Landlord of the date by which the decision will be made. f. The contracting officer's decision is final unless the Landlord appeals or files a suit as provided in the Act g. When a claim is submitted by or against a Landlord, the parties by mutual consent may agree to use an altemative dispute resolution (ADR) process to assist in resolving the claim. A certification as described in subparagraph d of this clause must be provided for any claim, regardless of dollar amount, before ADR is used. h. The Postal Service will pay interest on the amount found due and unpaid from: 1. the date the contracting officer receives the claim (properly certified if required); or 2. the date payment otherwise would be due, if that date is later, until the date of payment. i. Simple interest on claims will be paid at a rate determined in accordance with the Act. j. The Landlord must proceed diligently with performance of this contract, pending final resolution of any request for relief, claim, appeal, or action arising under the contract, and comply with any decision of the contracting officer. 9. HAZARDOUS/TOXIC CONDITIONS CLAUSE "Asbestos containing building material" (ACBM) means any material containing more than 1% asbestos as determined by using the method specified in 40 CFR Part 763, Subpart E, Appendix E. "Friable asbestos material" means any ACBM that when dry, can be crumbled, pulverized, or reduced to powder by hand pressure. The Landlord must identify and disclose the presence, location and quantity of all ACBM or presumed asbestos containing material (PACM) which includes all thermal system insulation, sprayed on and troweled on surfacing materials, and asphalt and vinyl flooring material unless such material has been tested and identified as non -ACBM. The Landlord agrees to disclose, to the best of its knowledge, any information concerning the presence of lead -based paint, radon above 4 pCi/L, and lead piping or solder in drinking water systems in the building, to the Postal Service. Sites cannot have any contaminated soil or water above applicable federal, state or local action levels or undisclosed underground storage tanks. Unless due to the act or negligence of the Postal Service, if contaminated soil, water, underground storage tanks or piping or friable asbestos material or any other hazardous /toxic materials or substances as defined by applicable Local, State or Federal law are subsequently identified on he premises, the Landlord agrees to remove such materials or substances upon notification by the Postal Service at Landlord's sole cost and expense in accordance with EPA and /or State guidelines; prior to accomplishing this task, Landlord must seek written approval by the USPS Contracting Officer of the contractor and scope of work, such approval not to be unreasonably withheld. If ACBM is subsequently found in the building which reasonably should have been determined, identified, or known to the Landlord, the Landlord agrees to conduct, at Landlord's sole expense, an asbestos survey pursuant to the standards of the Asbestos Hazard Emergency Response Act (AHERA), establish an Operations and Maintenance (O &M) plan for asbestos management, and provide the survey report and plan to the Postal Service. If the Landlord fails to remove any friable asbestos or hazardous /toxic materials or substances, or fails to complete an AHERA asbestos survey and O &M plan, the Postal Service has the right to accomplish the work and deduct the cost plus administrative costs, from future rent payments or recover these costs from Landlord by other means, or may, at its sole option, cancel this Lease. In addition, the Postal Service may proportionally abate the rent for any period the premises, or any part thereof, are determined by the Postal Service to have been rendered unavailable to it by reason of such condition. gencond Oct 2006 Gc -2 UNITED STATES POSTAL SERVICE_ General Conditions to USPS Lease The Landlord hereby indemnifies and holds harmless the Postal Service and its officers, agents, representatives, and employees from all claims, loss, damage, actions, causes of action, expense, fees and /or liability resulting from, brought for, or on account of any violation of this clause. The remainder of this clause applies if this Lease is for premises not previously occupied by the Postal Service. By execution of this Lease the Landlord certifies: a. that the property and improvements are free of all contamination from petroleum products or any hazardous /toxic or unhealthy materials or substances, including friable asbestos materials, as defined by applicable State or Federal law; b. that there are no undisclosed underground storage tanks or associated piping, ACBM, radon, lead -based paint, or lead piping or solder in drinking water systems, on the property; and c. it has not received, nor is it aware of, any notification or other communication from any governmental or regulatory entity concerning any environmental condition, or violation or potential violation of any local, state, or federal environmental statute or regulation, existing at or adjacent to the property. 10. FACILITIES NONDISCRIMINATION a. By executing this Lease, the Landlord certifies that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform services at any location under its control where segregated facilities are maintained. b. The Landlord will insert this clause in all contracts or purchase orders under this Lease unless exempted by Secretary of Labor rules, regulations, or orders issued under Executive Order 11246. 11. CLAUSES REQUIRED TO IMPLEMENT POLICIES, STATUTES, OR EXECUTIVE ORDERS The following clauses are incorporated in this Lease by reference. The text of incorporated terms may be found in the Postal Service's Supplying Principles and Practices, accessible atwww.usos.com /publications. Clause 1 -5, Gratuities or Gifts (March 2006) Clause 1 -6, Contingent Fees (March 2006) Clause 9 -3, Davis -Bacon Act (March 2006)1 Clause 9 -7, Equal Opportunity(March 2006)2 Clause 9 -13, Affirmative Action for Handicapped Workers (March 2006)3 Clause 9 -14, Affirmative Action for Disabled Veterans and Veterans of the Vietnam Era (March 2006)4 Clause B -25, Advertising of Contract Awards (March 2006) Note: For purposes of applying the above standard clauses to this Lease, the terms "supplier," "contractor," and "lessor" are synonymous with "Landlord," and the term "contract" is synonymous with "Lease." For premises with net interior space in excess of 6,500 SF and involving construction work over $2,000. 2 For leases aggregating payments of $10,000 or more. 3 For leases aggregating payments of $10,000 or more. " For leases aggregating payments of $25,000 or more. gencond Oct2006 oc -3 r UNITED STATES POSTAL SERVICE. Maintenance Rider Landlord Responsibility 1. The Landlord shall, except as otherwise specified herein and except for damage resulting from the act or negligence of Postal Service agents or employees, maintain the demised premises, including the building and any and all equipment, fixtures, systems, and appurtenances, whether severable or non - severable, furnished by the Landlord under this Lease, in good repair and tenantable condition, during the continuance of the Lease. Landlord's duties include repair and replacement as necessary. ;' - - • • - Landlord will be responsible for regular cleaning of any other gutters, downspouts, troughs, scuppers, roof drains, etc. j For the purpose of so maintaining said premises and property, the Landlord may, at reasonable times, and upon reasonable notice to the facility manager, enter and inspect the same and make any necessary repairs thereto. 2. Landlord is responsible for inspection, prevention and eradication of termites and any other wood - eating insects and for repairs of any damage resulting therefrom during the continuance of the Lease. 3. Landlord shall paint all interior and exterior previously painted surfaces as follows: no later than six (6) months following the start of the lease, and at least once every five (5) years during the continuance of the lease unless required more often because of damage from fire or other casualty, or unless the time period is specifically modified in writing by the Contracting Officer. Landlord is required to apply only one coat of paint. USPS will be responsible for cost of additional coats of paint, including application costs. USPS will be responsible for movi ng furniture and equipment away from walls as required. 4. Any heating system furnished by Landlord must be properly sized for the facility, must be in good working order, and must be maintained and, if necessary, replaced by Landlord to ensure proper operation during the continuance of the Lease and in accordance with this Maintenance Rider; such system must be capable of providing a uniform temperature of at least 65 degrees Fahrenheit (65 °F.) in all enclosed portions of the demised premises (excluding the rear vestibule) at all times. Regardless of whether Landlord is required by the Lease to provide fuel for a heating system, any investigative or remediation cost associated with a release of fuel from the system, including any fuel tank, shall be the responsibility of the Landlord, unless the release is caused by the act or negligence of the Postal Service or its agents. The Postal Service shall be responsible for regular replacement of filters. Boilers (heating and hot water supply) and unfired pressure vessels provided by the Landlord as part of the leased premises shall be maintained and, if necessary, replaced by the Landlord in accordance with ASME Boiler and Pressure Vessel Code, Sections IV, VI, and VIII; National Fire Prevention Association (NFPA) -70, National Electric Code; and /or ASME Safety Code No. CSD -1, Controls and Safety Devises for Automatically Fired Boilers; ASME A18.1, Safety Standard for Platform Lifts and Chairlifts; NFPA -54, National Fuel Gas Code; and NFPA -31, Oil Burning Equipment Code, as applicable, or as required by local ordinances. Current safety certificates issued by an organization recognized by the National Board of Boiler and Pressure Vessel Inspectors or a federal, state or municipal authority which has adopted the American National Standard Institute /American Society of Mechanical Engineers (ASME) Boiler and Vessel Code, must be provided by the Landlord for boilers and unfired pressure vessels. In the event local jurisdictions do not require periodic inspection of such equipment, the Postal Service shall have the right to conduct inspections in accordance with the aforesaid codes, and may issue safety certificates, as appropriate. 5. Any elevators, escalators and dumbwaiters provided by the Landlord as part of the leased premises shall be maintained, and, if necessary, replaced by the Landlord during the continuance of the Lease in accordance with ASME A17.1, Safety Code for Elevators, Escalators, Dumbwaiters, and Moving Walks; ASME A17.2, Elevator Inspectors Manual; ASME A17.3 Safety Code for Existing Elevators and Escalators; ASME A17.4, Emergency Evacuation Procedures for Elevators; and ASME A17.5, Elevator and Escalator Electrical Equipment. Landlord must ensure that current safety certificates for elevators, dumbwaiters and escalators are issued by an organization authorized to inspect in accordance with the ANSI /ASME Code for Elevators, Dumbwaiters and Escalators or appropriate federal, state or municipal authority. In the event local jurisdictions do not require periodic inspection of such equipment, the Postal Service shall have the right to conduct inspections in accordance with the aforesaid codes, and may issue safety certificates, as appropriate. Landlordm ainl 0612006. UNITED STATES POSTAL SERVICE. Maintenance Rider Landlord Responsibility 6. Any air - conditioning equipment furnished by Landlord must be properly sized for the facility, must be in good working order, and must be maintained and, if necessary, replaced by Landlord to ensure proper operation during the continuance of the Lease and in accordance with this Maintenance Rider; air - conditioning must be capable of providing a uniform temperature of no greater than 78 degrees Fahrenheit (78 °F.) in all enclosed portions of the demised premises at all times. Landlord shall be responsible for servicing of the air - conditioning equipment during the continuance of the Lease, including, refrigerant as required for proper operation of the equipment. The Postal Service shall be responsible for regular replacement of filters. 7. Any electrical /power system furnished by Landlord must be properly sized for the facility, must be in good working order, and must be maintained and, if necessary, replaced by Landlord to ensure proper operation during the continuance of the Lease and in accordance with this Maintenance Rider. 8. Any wiring, including, but not limited to, wiring for the Electronic Security and Surveillance Equipment (ESS), Closed Circuit Television (CCTV), Very Small Aperture Terminal (VSAT), Criminal Investigation System (CIS), Intrusion Detection System (IDS), etc., installed by the Landlord shall be maintained, and if necessary, replaced by the Landlord during the continuance of the Lease. However, the Landlord shall not attempt any maintenance of, or repair of, or interfere with, the actual security, telephone, or telecommunications equipment, such as cameras, consoles, monitors, satellite dishes, telephone handsets, and Point -of- Service (POS) equipment. 9. Whether public or private water or sewer systems are provided, said systems are to be maintained and replaced by the Landlord during the continuance of the Lease, including any inspections that may be required. 10. If the demised premises or any portion thereof are damaged or destroyed by fire or other casualty, Acts of God, of a public enemy, riot or insurrection, vandalism, or are otherwise determined by the Postal Service to be unfit for use and occupancy, or whenever there is a need for maintenance, repair, or replacement which is the Landlord's obligation under this Maintenance Rider, the Postal Service will require the Landlord to rebuild or repair the premises as necessary to restore them to tenantable condition to the satisfaction of the Postal Service. The Postal Service will, except in emergencies, provide the Landlord with written notice stating a reasonable time period for completion of all necessary repairs. (A copy of any such notice shall be sent to the Landlord's mortgagee and any assignee of monies due or to become due under this Lease whose names and addresses have been furnished to the Postal Service by the Landlord. Failure to give such written notice to the Landlord or to the mortgagee or assignee shall not affect the Postal Service's rights to recover expended costs under this provision, provided that the costs expended by the Postal Service are reasonable in amount.) The Postal Service, acting through the Contracting Officer, may proportionately abate the rent for any period the premises, or any part thereof, are determined by the Postal Service to have been rendered untenantable, or unfit for use and occupancy, by reason of such condition. If the Landlord (or the mortgagee or assignee, on behalf of the Landlord) fails to prosecute the work with such diligence as will ensure its completion within the time specified in the notice (or any extension thereof as may be granted at the sole discretion of the Postal Service), or fails to complete the work within said time, the Postal Service shall have the right to perform the work (by contract or otherwise), and withhold the cost plus any administrative cost and /or interest, from rental payments due or to become due under this Lease. Alternatively, the Contracting Officer may, if the demised premises are determined to be untenantable or unfit for use or occupancy, with reasonable discretion, cancel this Lease in its entirety, without liability. The remedies provided in this section are non - exclusive and are in addition to any remedies available to the Postal Service under applicable law. 11. The Landlord must: a. comply with applicable Occupational Safety and Health Standards, title 29 Code of Federal Regulations (CFR) (including but not limited to Parts 1910 and 1926), promulgated pursuant to the authority of the Occupational Safety and Health Act of 1970 (OSHA); and Landlordmaint 0612006. UNITED STATES POSTAL SERVICE. Maintenance Rider Landlord Responsibility b. comply with any other applicable federal, state, or local regulation governing workplace safety to the extent they are not in conflict with a; and c. take all other proper precautions to protect the health and safety of: (1) any laborer or mechanic employed by the Landlord in performance of this agreement; and (2) Postal Service employees; and (3) the public. The Landlord must include this clause in all subcontracts hereunder and require its inclusion in all subcontracts of a lower tier. The term "Landlord" as used in this clause in any subcontract must be deemed to refer to the subcontractor. L a n d l o rd m a l n l 0612006. UNITED STATES POSTAL SERVICE- Facility Name /Location DUBUQUE - MAIN OFFICE (182610 -001) 350 W 6TH ST STE 109, DUBUQUE, IA 52001 -9998 Tax Rider Percentage Reimbursement of Paid Taxes County: Dubuque Project: E18543 Assessor's Parcel Number: 1025211001 a. Definitions Ad Valorem means according to the value of the property. Property Tax Rate is an amount expressed as dollars and cents per $100.00 or per $1,000.00 of assessed value or as mills per $1.00 of assessed value as set by authorities for tax jurisdictions, which is applied to the value of the land, improvements on the land, or both, to determine some kinds of Real Property Taxes. Real Property Taxes, as used in this clause, shall mean those taxes, including Ad Valorem taxes, special assessments, fees and charges, that are assessed against any or all taxable real property appearing on the assessment roll or list in a taxing authority's jurisdiction and that are identified by a taxing authority for the support of government activities within its jurisdiction, whether such activities are general or specifically identified. Real Property Taxes also include administrative charges or fees imposed by a taxing authority, including those for the support of its assessment and collection activities. b. The Landlord agrees to pay all taxes of any kind, including Real Property Taxes, and fees of every kind and nature levied on the demised premises. c. The Postal Service will reimburse Landlord 31.74 % ( "Tenant's Share ") of the total paid Real Property Taxes, as defined above, only under the following terms: 1. Landlord may submit not more than one request for reimbursement in any calendar year, irrespective of the number of taxing authorities included; and reimbursement will be made not more than one time annually by the Postal Service. 2. No reimbursement will be made for fines, penalties, interest or costs imposed for late payment. 3. Reimbursement will be made only for net paid taxes, less Tenant's Share of the maximum discount allowed by the taxing authority for prompt or early payment, regardless of whether Landlord actually received any such discount. 4. Reimbursement will be made only for taxes levied for periods of time within the term of this lease. 5. In order to qualify for reimbursement, the tax bill as issued by the taxing authority must include the demised premises. 6. Landlord must provide copies of the front and back of the complete tax bill issued by the taxing authority, along with satisfactory proof of payment. Satisfactory proof of payment shall be (i) a receipt for payment shown on the face of the tax bill, (ii) a copy of the front and back of the canceled payment check, (iii) a statement from a lender verifying payment of the tax, or (iv) other documentation satisfactory to the Postal Service. 7. Incomplete or improper requests for reimbursement will be returned to Landlord without payment. 8. Landlord agrees to submit a request for reimbursement of taxes within 18 months after the close of the tax year. In the event Landlord fails to submit its request for reimbursement within that time period, the USPS is not required to reimburse paid taxes. d. The Landlord must promptly furnish to the Postal Service copies of all notices that may affect the valuation of the demised premises for Real Property Tax purposes or that may affect the levy or assessment of Real Property Taxes thereon. If Landlord does not timely furnish such notices relating to valuation changes or the levy or assessment of taxes or fails to meet any legal prerequisite for appeal and the Postal Service loses the right to contest the validity or the amount of the taxes, then the Postal Service shall be responsible to reimburse Landlord for only 75% of Tenant's Share of the reimbursable taxes due for the year involved. February 2004 T -1 UNITED STATES POSTAL SERVICE_ Tax Rider Percentage Reimbursement of Paid Taxes All notices required under this paragraph must be delivered or mailed, using certified mail with a return receipt or other verified method of delivery, within ten (10) days from the receipt thereof by the Landlord to: CONTRACTING OFFICER Western FSO 160 INVERNESS DRIVE WEST SUITE 400 ENGLEWOOD, CO 80112 -5005 or to such other office as the Postal Service may later direct in writing. e. The Postal Service may contest the validity of any valuation for Real Property Tax purposes or of any levy or assessment of any Real Property Taxes by appropriate proceedings either in the name of the Postal Service or of the Landlord or in the names of both. Notwithstanding any contest of valuation, Property Tax Rate, levy or assessment, Landlord must pay under protest the Real Property Taxes involved when requested to do so by the Postal Service. The Landlord, upon reasonable notice and request by the Postal Service, must join in any proceedings, must cooperate with the Postal Service, and must execute and file any documents or pleadings as the Postal Service may require for such proceeding, provided the Landlord is reasonably satisfied that the facts and data contained therein are accurate. Landlord will not be responsible for the payment of penalties, costs, or legal expenses in connection with any protest or appeal proceedings brought by the Postal Service, and the Postal Service will indemnify and save harmless the Landlord from any such penalties, costs, or expenses. Landlord hereby authorizes the Postal Service as its agent to represent its interest in any appeal or protest proceeding authorized under this paragraph. f. Landlord shall promptly notify the Postal Service of any appeal or other action it takes or initiates to adjust any valuation of the property, Property Tax Rate, or levy or assessment of Real Property Taxes. The Postal Service is entitled to Tenant's Share of any and all monies obtained through such actions or any other refunds or remissions of Real Property Taxes paid in any year subsequent to the commencement of the lease. If any such refunded or remitted monies are paid or delivered to Landlord, Landlord must immediately forward them to the Postal Service. If Landlord is informed that he is entitled to a refund or remission of monies paid as Real Property Taxes upon the submission of an application, Landlord will promptly make and file such application, and upon receipt of such refund or remission, immediately forward it to the Postal Service. The Postal Service reserves the right to offset Tenant's Share of refund and remission payments not so obtained or forwarded, against rental or other payments due the Landlord. g. The Postal Service is entitled to the benefits of all tax exemptions or abatements authorized by law or regulation that may be available with respect to the demised premises. Landlord shall take all necessary steps to obtain such exemptions or abatements. The Postal Service reserves the right to offset against rental or other payments due the Landlord the amount or value of any abatement or exemption that would have been available if Landlord had properly applied for it, and any amount for which the Postal Service is not to be responsible under paragraph (d), above. h. Nothing herein contained shall operate to waive or deprive the Postal Service of any rights, privileges or immunities it enjoys under law. i. The Tenant's Share, shown in paragraph (c) above, is based on the percentage of the building that the Postal Service occupies in relation to all of the leasable areas, and was computed as follows: USPS occupies 31.74% of the building as shown on page 1 of the lease. j. In the event that the site is enlarged or decreased, or the building is altered in any way that may affect the assessment value of the total property, the percentage shown in paragraph c. above, shall be recomputed to reflect the correct proportion of the value of the demised premises to the relative value of the total property. February 2004 T -2 UNITEOSTLTES Tax Rider POSTAL SERVICE. Percentage Reimbursement of Paid Taxes All notices required under this paragraph must be delivered or mailed, using certified mail with a return receipt or other verified method of delivery, within ten (10) days from the receipt thereof by the Landlord to: CONTRACTING OFFICER Western FSO 160 INVERNESS DRIVE WEST SUITE 400 ENGLEWOOD, CO 80112 -5005 or to such other office as the Postal Service may later direct in writing. e. The Postal Service may contest the validity of any valuation for Real Property Tax purposes or of any levy or assessment of any Real Property Taxes by appropriate proceedings either in the name of the Postal Service or of the Landlord or in the names of both. Notwithstanding any contest of valuation, Property Tax Rate, levy or assessment, Landlord must pay under protest the Real Property Taxes involved when requested to do so by the Postal Service. The Landlord, upon reasonable notice and request by the Postal Service, must join in any proceedings, must cooperate with the Postal Service, and must execute and file any documents or pleadings as the Postal Service may require for such proceeding, provided the Landlord is reasonably satisfied that the facts and data contained therein are accurate. Landlord will not be responsible for the payment of penalties, costs, or legal expenses in connection with any protest or appeal proceedings brought by the Postal Service, and the Postal Service will indemnify and save harmless the Landlord from any such penalties, costs, or expenses: Landlord hereby authorizes the Postal Service as its agent to represent its interest in any appeal or protest proceeding authorized under this paragraph. f. Landlord shall promptly notify the Postal Service of any appeal or other action it takes or initiates to adjust any valuation of the property, Property Tax Rate, or levy or assessment of Real Property Taxes. The Postal Service is entitled to Tenant's Share of any and all monies obtained through such actions or any other refunds or remissions of Real Property Taxes paid in any year subsequent to the commencement of the lease. If any such refunded or remitted monies are paid or delivered to Landlord, Landlord must immediately forward them to the Postal Service. If Landlord is informed that he is entitled to a refund or remission of monies paid as Real Property Taxes upon the submission of an application, Landlord will promptly make and file such application, and upon receipt of such refund or remission, immediately forward it to the Postal Service. The Postal Service reserves the right to offset Tenant's Share of refund and remission payments not so obtained or forwarded, against rental or other payments due the Landlord. g. The Postal Service is entitled to the benefits of all tax exemptions or abatements authorized by law or regulation that may be available with respect to the demised premises. Landlord shall take all necessary steps to obtain such exemptions or abatements. The Postal Service reserves the right to offset against rental or other payments due the Landlord the amount or value of any abatement or exemption that would have been available if Landlord had properly applied for it, and any amount for which the Postal Service is not to be responsible under paragraph (d), above. h. Nothing herein contained shall operate to waive or deprive the Postal Service of any rights, privileges or immunities it enjoys under law. i. The Tenant's Share, shown in paragraph (c) above, is based on the percentage of the building that the Postal Service occupies in relation to all of the leasable areas, and was computed as follows: USPS occupies 31.74% of the building as shown on page 1 of the lease. j. In the event that the site is enlarged or decreased, or the building is altered in any way that may affect the assessment value of the total property, the percentage shown in paragraph c. above, shall be recomputed to reflect the correct proportion of the value of the demised premises to the relative value of the total property. February 2004 T -2 UNITED STATES POSTAL SERVICE. Facility Name /Location DUBUQUE - MAIN OFFICE (182610 -001) 350 W 6TH ST STE 109, DUBUQUE, IA 52001 -9998 Utilities, Services, & Equipment Rider County: Dubuque Project: E18543 1. HEAT Landlord must furnish heating system in good working order, together with all fuel required for proper operation of the system, in accordance with the Maintenance Rider, during the continuance of the Lease. Any investigative or remediation cost associated with a release of fuel from the system, including any fuel tank, shall be the responsibility of the Landlord, unless the release is caused by the act or negligence of the Postal Service or its agents. 2. AIR CONDITIONING Landlord must furnish air - conditioning equipment in good working order, together with all power required for proper operation of the equipment, in accordance with the Maintenance Rider, during the continuance of the Lease. 3. ELECTRICITY Landlord must furnish an electrical system in good working order, in accordance with the Maintenance Rider, and pay for all recurring electric bills, during the continuance of the Lease. 4. LIGHT Landlord must provide light fixtures in good working order, in accordance with the Maintenance Rider, during the continuance of the lease. Landlord is not responsible for replacement of light bulbs. February 2004 U -1 UNITED STATES POSTAL SERVICE Utilities, Services, & Equipment Rider 5. WATER Landlord must furnish a potable water system in good working order, in accordance with the Maintenance Rider, and pay for all recurring water bills, during the continuance of the Lease. 6. SEWER Landlord must furnish a sewer system in good working order, in accordance with the Maintenance Rider, and pay for all recurring sewer bills, during the continuance of the Lease. 7. TRASH The Postal Service agrees to furnish and pay for all trash removal for the demised premises during the continuance of the Lease. 8. SNOW The Landlord agrees to furnish and pay for the snow removal from the roof and the sidewalks, driveway, parking and maneuvering areas, and any other areas providing access to the postal facility for use by postal employees, contractors, or the public (including, but not limited to, stairs, handicap access ramps, carrier ramps, etc.) during the continuance of the Lease. February 2004 U -2 UNITED STATES POSTAL SERVICE. Mortgagee's Agreement Facility Name /Location DUBUQUE - MAIN OFFICE (182610 -001) 350 W 6TH ST STE 109, DUBUQUE, IA 52001 -9998 (To be executed and attached to lease) County: Dubuque Project: E18543 The undersigned, Holder(s) of a mortgage (or similar encumbrance, such as a Deed of Trust), in the sum of on the property situated at: hereby consent(s) to the leasing of said property to the U.S. Postal Service and agree(s) for itself, its successors, executors, administrators, and assigns that in the event it should become necessary to: a) foreclose said mortgage or similar encumbrance, the Mortgagee will cause the sale of said premises to be made subject to said lease; or, b) take any other action terminating the mortgage or transferring title, the Mortgagee will cause such action to be made subject to said lease. Witness MORTGAGEE Name of Mortgage Company By: Signature of Mortgagee's Officer Its: Title of Mortgagee's Officer Street Address City, State and ZIP +4 Subscribed and Sworn to before me, a notary public, in and for County, State of this day of Notary Public My commission expires February 2004 M -1