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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 D~~~E ~~~ 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: ~~-- Mike Stecher Key City Moving & Storage 2300 Twin Valley Drive Dubuque, IA 52003