Key City MVM Memo
October 25, 2005
TO:
The Honorable Mayor and City Council Members
FROM:
Michael C. Van Milligen, City Manager
SUBJECT: Key City Moving & Storage Lease with the City of Dubuque
City Engineer Gus Psihoyos is recommending City Council approval of a one year lease
with Key City Moving & Storage for City property at the southeast corner of Rockdale
Road and Twin Valley Drive in the amount of $5,040 ($420 per month).
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Gus Psihoyos, City Engineer
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MEMORANDUM
October 18, 2005
TO:
Michael C. Van Milligen, City Manager
FROM:
Gus Psihoyos, City Engineer
SUBJECT: Key City Moving & Storage Lease with the City of Dubuque
On October 31, 2005, the current lease with Key City Moving & Storage (Key
City) for the lease of City property at the southeast corner of Rockdale Road and
Twin Valley Drive expires.
The attached new lease has been developed and reviewed by Key City,
Engineering staff, and Assistant City Manager Cindy Steinhauser. The new
lease terms include:
One-year lease (expiration date of midnight on October 31, 2006), with an
option to extend for a one additional year.
If Key City opts to renew for an additional year, the rental shall increase
based on CPI-U or 3% of the base rent, whichever amount is greater.
The leased premises shall be used solely for the purpose of truck and
trailer storage. Trailers shall have no contents stored within the trailer for
longer than 10 days.
ACTION TO BE TAKEN
Your review and execution of this lease between the City of Dubuque and Key
City Moving & Storage would be appreciated.
cc: Cindy Steinhauser, Assistant City Manager
Ronald J. Turner, PLS
Attach.
LEASE AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
KEY CITY MOVING & STORAGE
II,
This Lease Agreement, dated for reference purposes the /8 day of
~6er ,2005, is made and entered into by and between the City of Dubuque,
Iowa, a municipal corporation of Iowa (Lessor), and Key City Moving & Storage, an Iowa
business corporation (Lessee).
1. Lessor hereby leases to Lessee the following described real estate situated in
the City of Dubuque, Dubuque County, Iowa, hereinafter referred to as the "Leased
Premises", upon the terms and conditions set forth herein, to-wit:
Property identified on attached Exhibit A, dated April 9, 2004, as "Key City
Movers Lease" at the southeast corner of Rockdale Road and Twin Valley
Drive
2. TERM. The initial term of this Lease Agreement shall be from the 1 st day of
November, 2005, until midnight on the 31 st day of October, 2006. Lessee may renew this
Lease Agreement for one term of one year by delivering to Lessor written notice of intent
to renew this Lease Agreement not less than ninety days prior to the expiration of the
initial term of the Lease Agreement.
Lessor may terminate this Lease Agreement or any extension thereof at any time
and for any reason, with or without cause, by giving Lessee 90 days notice in writing of
such termination.
3. RENTAL. Lessee shall pay in advance as rental the sum of five thousand forty
dollars ($5,040.00)($420.00 per month)(the Base Rent), at the Office of the City
Treasurer, at the time of the execution of this Lease Agreement. If Lessee elects to
renew this Lease Agreement as provided in Par. 2, Lessee shall pay the rental for such
renewal in advance on or before November 1,2006.
If the term of this Lease Agreement is extended as provided in Par. 2, the rental
for the year of such extension shall be the Base Rent increased by (a) the same
percentage increase in the Consumer Price Index for All Urban Consumers - U.S. City
Average (CPI), published by the U.S. Department of Labor, Bureau of Labor Statistics,
as compared to the CPI for the first year of this Lease Agreement or (b) 3.0% of the
Base Rent, whichever amount is greater,
Upon delivery of notice of termination by Lessor to Lessee prior to the end of the
lease term, Lessor shall reimburse Lessee for the rent for the remainder of the term of
the Lease Agreement.
4. TAXES. Lessee agrees to pay all real property taxes that may be levied against
the Leased Premises attributable to the period of Lessee's occupancy under this Lease
Agreement and all real or personal property taxes levied or assessed against
improvements placed upon the Leased Premises by or on behalf of Lessee.
5. BASE STONE. Lessee shall install, at its expense, base stone in the storage
and maneuvering areas shown on Exhibit A. The stone shall be a minimum thickness to
support the loads thereon.
6. IMPROVEMENTS. All improvements made by Lessee to the Leased Premises
and all structures situated thereon shall be erected, built and maintained in strict
conformity with all applicable federal, state or municipal statutes, ordinances, and
regulations. No structural improvements shall be made without the prior written approval
of Lessor.
Lessee shall keep the Leased Premises and any structures thereon in a neat and
orderly condition at all times and in a condition of repair and shall conform with all
federal, state and municipal regulations in regard to the use of the Leased Premises and
the operation of the business conducted thereon.
Upon the termination of this Lease Agreement for any cause whatsoever, Lessee
shall have the right, during the period of thirty (30) days thereafter, to remove any and all
improvements made by Lessee to the Leased Premises, provided the same are free of
landlord's liens, or other lien rights in Lessor. In the event of such removal, the Leased
Premises shall be restored to substantially the same condition as it was at the
commencement of the initial term of the Lease Agreement. Failure to remove any such
improvement or other property of Lessee within such 30-day period shall constitute an
abandonment thereof unless the parties hereto otherwise agree in writing. Lessee shall
reimburse Lessor for the actual expense of removing any such abandoned property.
Lessee shall have free access at all times during the aforesaid thirty (30)-day period to
remove from the Leased Premises its improvements.
7. QUIET ENJOYMENT. Lessor agrees and covenants that Lessee on payment of
the rent and performing the covenants and conditions herein contained, shall and may
peacefully and quietly have, hold and enjoy the Leased Premises for the term hereon.
8. EASEMENTS. Lessee acknowledges the existence of utilities, including sanitary
sewer, watermain, storm sewer, telephone, cable television, electrical power, and others
across the Leased Premises, and Lessee agrees to allow access to Lessor for the
purposes consistent with the maintenance, repair, and installation of said utilities.
9. I NSURANCE. Lessee shall procure and maintain insurance as set forth in the
attached Insurance Schedule.
10. INDEMNITY. Lessee agrees to indemnify and hold harmless Lessor from and
against all claims, damages, losses and expenses, including attorney fees, arising out of
Lessee's use of the Leased Premises, provided that such claim, damages, loss, or
expense is caused in whole or in part by the negligent act or omission of Lessee,
Lessee's agents, contractors, customers, or employees.
11. DEFAULT. If Lessee shall be in default in the payment of the rental hereunder,
or any part thereof, or shall be in default in the performance of any of the other
covenants herein contained, and such default shall continue for a period of thirty (30)
days after written notice thereof to Lessee, specifying the default complained of, mailed
to Lessee at its address in the City of Dubuque, Iowa, by regular United States mail, or
at such other address as Lessee may from time to time specify in writing, then it shall be
lawful for Lessor, at its election, to declare the term of this Lease Agreement ended and
to expel and remove Lessee, or any person, or persons, in or upon the same, using such
force as may be necessary under the circumstances. Lessee hereby covenants and
agrees to surrender and deliver up the Leased Premises peaceably to Lessor.
12. USE OF LEASED PREMISES. The Leased Premises shall be used solely for
the purpose of truck and trailer storage. Trailers located on the Leased Premises shall
have no contents stored within the trailer for longer than ten (10) days.
13. ASSIGNABILITY. Lessee may not assign this Lease Agreement nor sublet the
Leased Premises or any portion thereof without first securing the written consent of
Lessor, which consent shall not be unreasonably withheld. Merger of Lessee with
another corporation, or sale of the majority of the stock of Lessee to any other
corporation, or consolidation, shall be deemed an assignment or sublease for the
purposes of this section.
CITY OF DUBUQUE I I
By: l( (LC>, /)[ L-
M{chael C. Van Milligen
City Manager
KEY CITY MOVING & STORAGE
By:
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Mike Stecher
Key City Moving & Storage
2300 Twin Valley Drive
Dubuque, IA 52003