Ham House Lease Historical Society_HearingTHE CITY OF
DUB E
MEMORANDUM
May 8, 2006
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Renew Lease for the Ham House with the Dubuque County Historical
Society
The City entered into a twenty-five year lease for the Ham House with the Dubuque
County Historical Society on May 8, 1981, that will expire on May 31, 2006. Leisure
Services Manager Gil Spence recommends that the City Council enter into another
twenty-five year lease similar to the original one:
• 25 year term, expiring May 31, 2031;
• City maintains the exterior of the structure and the grounds;
• Society maintains the interior for maintenance and repairs, including heating and
cooling systems; and
• Lease rate is $1.00 per year.
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
Gil D. Spence, Leisure Services Manager
�i.
DITY OF
usE MEMORANDUM
5/.7.74xe_5pv.
May 4, 2006
TO: Michael C. Van Milligen, City Manager
FROM: Gil D. Spence,, Leisure Services Manager
SUBJECT: Renew Lease for the Ham House with
the Dubuque County Historical Society
INTRODUCTION
The purpose of this memorandum is to request that the City Council approve a new
lease for the Ham House with the Dubuque County Historical Society.
DISCUSSION
The City entered into, a twenty-five year lease for the Ham House with the Dubuque
County Historical Society on May 8, 1981 that will expire on May 31, 2006. The society
is requesting a new twenty-five year lease.
The new lease is similar to the original one:
• 25 year term, expiring May 31, 2031
• City maintains the exterior of the structure and the grounds
• Society maintains the interior for maintenance and repairs, including heating and
cooling systems
• Lease rate is $1.00 per year.
The new lease is updated as to the format used to write the lease and insurance
requirements.
ACTION STEP
The action requested is that the City Council adopt the attached resolution approving
the new lease for the Ham House with the Dubuque County Historical Society.
GDS:et
attachment
RESOLUTION NO. 205-06
RESOLUTION DISPOSING OF AN INTEREST IN REAL PROPERTY BY LEASE
AGREEMENT TO THE DUBUQUE COUNTY HISTORICAL SOCIETY
WHEREAS, the City of Dubuque, Iowa (City) is the owner of the real property
legally described as:
Parcel #1107251003, Lots 530, 1 of 531, 2 of 531 and 532, all in Hams Addition,
in the City of Dubuque; and
WHEREAS, the Dubuque County Historical Society desires to lease the
Premises for the purpose of creating Historical Museum; and
WHEREAS, the City Council has held a public hearing on the City's intent to
dispose of the foregoing -described City Property on the 15th day of May, 2006, pursuant
to notice as required by law, and following the public hearing overruled all objections
thereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. The City Council of the City of Dubuque, Iowa, hereby approves the
Lease Agreement with Dubuque County Historical Society, a copy of which is attached
hereto, for the above-described City Property.
Section 2. The Mayor is hereby authorized and directed to sign the Lease
Agreement on behalf of the City of Dubuque.
Section 3. The City Clerk is hereby authorized and directed to record this
Resolution with the Dubuque County Recorder.
Passed, approved and adopted this 15th day of May, 2006.
/cn,J
t est: Karen M. Chesterman, Deputy City Clerk
Roy uol, Mayor
LEASE AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
DUBUQUE COUNTY HISTORICAL SOCIETY
THIS LEASE AGREEMENT (the "Lease") dated for reference purposes the f M-
day of /A , 2006, between the CITY OF DUBUQUE, IOWA, a municipal
corporation (Lessor) and DUBUQUE COUNTY HISTORICAL SOCIETY, an Iowa
nonprofit corporation (Lessee).
ARTICLE I
DEMISE AND TERM
1. In consideration of the rents hereinafter reserved and the terms, covenants,
conditions and agreements set forth in this Lease, Lessor hereby leases to Lessee the
real property commonly referred to as the "Ham House" located at 2241 Lincoln Avenue
Dubuque, Iowa, legally described in Exhibit A, attached hereto, together with any and all
easements and appurtenances thereto and subject to any easements are restrictions of
record (the "Demised Premises"), to have and to hold for a term of twenty-five (25)
years commencing on Tt g / , 2006 and terminating at 11:59 p.m. on
m 3/ , 2031, subject to all of the terms, covenants, conditions and
agreements contained herein.
ARTICLE II
RENT
2. Lessee shall pay Lessor (in addition to taxes, assessments, and other
charges required to be paid under this Lease by Lessee) rent for the Demised Premises
of One Dollar per year.
ARTICLE III
TITLE TO IMPROVEMENTS AND TRADE FIXTURES
3.1. Trade Fixtures. For the purposes of this Lease, "Trade Fixtures" shall
mean all of Lessee's personal property located on the Demised Premises used in
Lessee's business. Title to Lessee's trade fixtures (the "Trade Fixtures") are and shall
be the sole and exclusive property of Lessee during the term of this Lease and shall
remain the sole and exclusive property of Lessee after the expiration or termination of
this Lease, for whatever reason. Lessor acknowledges and understands that it shall
have no right, title, or interest in or to Lessee's Trade Fixtures either during the term of
this Lease, or thereafter (except as hereinafter provided). Lessor acknowledges and
agrees that Lessee shall have the right to encumber, sell, or hypothecate Lessee's
Trade Fixtures, to remove them from the Demised Premises, or to otherwise deal with
all or any portion of such Lessee's Trade Fixtures, at Lessee's sole discretion. Provided,
further, that upon ten (10) days' prior written notice to Lessor, Lessor shall prepare and
deliver to Lessee a certificate in recordable form stating that Lessor has no interest or
right in or to Lessee's Trade Fixtures, as well as any other or further document which
Lessee may reasonably request from Lessor.
3.2. Improvements. On delivery of possession of the Demised Premises to
Lessee, Lessee shall be entitled to construct on the Demised Premises all structures,
buildings or other improvements as agreed upon in writing by the Lessor and Lessee
(the "Improvements"). Lessor covenants and agrees to keep and maintain the exterior
of the leased premises including windows on the principle structure (Ham House).
Lessee covenants and agrees to keep and maintain the interior of the leased premises
in good repair and any improvements to the interior thereof shall be made at the
Lessee's expense. Lessor shall have the right, in its reasonable discretion, to approve
the design, appearance and quality of any such Improvements, which approval shall not
be unreasonably withheld or delayed. It shall be unreasonable for Lessor to withhold
such consent if such design, appearance and quality are generally compatible with
other such buildings in the area. Lessor agrees to provide all permits, variances and
approvals reasonably required to develop and construct the proposed meeting and
entertainment center on the Demised Premises, as set forth in Article I of the Lease. All
improvements presently on the Demised Premises and all Improvements hereafter
constructed on the Demised Premises are and shall be the property of Lessee during
the continuance of the term of this Lease and no longer. Upon any termination of this
Lease, by reason of any cause whatsoever, if the Improvements or any part thereof
shall then be on the Demised Premises, all of Lessee's right, title, and interest therein
shall cease and terminate, and title to the Improvements shall vest in Lessor, and the
Improvements or the part thereof then within the Demised Premises shall be
surrendered by Lessee to Lessor. No further deed or other instrument shall be
necessary to confirm the vesting in Lessor of title to the Improvements. However, upon
any termination of this Lease, Lessee, upon request of Lessor, shall execute,
acknowledge, and deliver to Lessor a deed confirming that all of Lessee's right, title, and
interest in or to the Improvements has expired, and that title to the Improvements has
vested in Lessor.
3.3. Signage. Lessee may install up to two sign up to 32 square feet per sign,
not to exceed 10 feet in height and sign cannot encroach on public row or block visibility
triangle at access drives. All proposed signage must be reviewed and approved by the
City Manager prior to obtaining a sign permit.
ARTICLE IV
ENCUMBRANCE OF LESSEE'S LEASEHOLD INTEREST
4.1. Lessee's right to encumber leasehold interest. Lessee may encumber
by mortgage, deed of trust, or other proper instrument, its leasehold interest and estate
in the Demised Premises, together with all Improvements placed by Lessee on the
Demised Premises, as security for any indebtedness of Lessee. The execution of any
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mortgage, deed of trust or other instrument, or the foreclosure of any mortgage, or deed
of trust or other instrument, or any sale, either by judicial proceedings or by virtue of any
power reserved in a mortgage or deed of trust, or conveyance by Lessee to the holder
of the indebtedness, or the exercise of any right, power or privilege reserved in any
mortgage or deed of trust, shall not be held as a violation of any of the terms or
conditions of this lease agreement or as an assumption by the holder of the
indebtedness personally of the obligations of this lease agreement.
4.2. Notice to Holder of encumbrance; right of Holder to cure Lessee's
default. If Lessee shall encumber its leasehold interest and estate in the Demised
Premises and if Lessee, or the holder of the indebtedness, its successors and/or
assigns (the "Holder") secured by the encumbrance shall give notice to Lessor of the
existence of the encumbrance and the address of the Holder, then Lessor will mail or
deliver to the Holder, at such address, a duplicate copy of all notices in writing which
Lessor may, from time to time, give or serve on Lessee under and pursuant to the terms
and provisions of this Lease. The copies shall be mailed or delivered to the Holder at,
or near as possible to, the same time the notices are given to or served on Lessee. The
Holder may, at its option, at any time before the rights of Lessee shall be terminated as
provided in this Lease, pay any of the rents due under this Lease or pay any taxes and
assessments, or do any other act or thing required of Lessee by the terms of this Lease,
or do any act or thing that may be necessary and proper to be done in the observance
of the covenants and conditions of this Lease or to prevent the termination of this
Lease, provided, however, that the doing of any act or thing requiring possession of the
Demised Premises shall be subject to the further rights of Holder as set forth in Section
15.2. All payments so made and all things so done and performed by the Holder shall
be effective to prevent a foreclosure of the rights of Lessee thereunder as the same
would have been if done and performed by Lessee.
ARTICLE V
TAXES
5.1. Lessee agrees to pay as additional rent an amount equal to real estate
taxes upon the real estate of the Demised Premises that become payable during the
term hereof. Lessee shall further provide to Lessor official receipts of the appropriate
taxing authority or other evidence satisfactory to Lessor evidencing payment thereof.
5.2. The Lessee further agrees to pay all other taxes, rates, charges, levies
and assessments, general and special, of every name, nature and kind, whether now
known to the law or hereafter created which may be taxed, charged, assessed, levied or
imposed upon said real estate, any buildings or improvements thereon which may be
taxed, charged, assessed, levied or imposed upon the leasehold estate hereby created
and upon the reversionary estate in said real estate during the term hereof, and all such
other taxes, rates, charges, levies and assessments shall be paid by Lessee as they
become due and before they become delinquent.
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5.3. Lessee agrees to timely pay all taxes, assessments or other public
charges levied or assessed by lawful authority (but reasonably. preserving Lessee's
rights of appeal) against its personal property on the premises, during the term of this
Lease.
5.4. Nothing herein shall require Lessee to pay any of Lessor's income taxes,
surtaxes, excess profit taxes or any taxes on the rents reserved to Lessor hereunder.
5.5. Lessee shall at all times have the right to contest in good faith, in any
proper proceedings, in the name of Lessor if necessary, the payment or satisfaction of
any such taxes, assessments, rates, charges or levies so agreed to be paid by Lessee,
if the validity thereof, or the right to assess or levy the same against or collect the same
from said Demised Premises or improvements, shall be disputed. Upon the conclusion
of any such suit or proceedings, or not less than three (3) months prior to the date when
the right to redeem therefrom expires, whichever will be the earlier, Lessee will promptly
pay and satisfy such disputed tax, assessment or other charge as finally determined,
together with all expenses, costs and attorneys' fees whatsoever incurred in connection
therewith.
ARTICLE VI
REPAIRS
6. Lessee shall at all times during the term of this Lease, at Lessee's own
costs and expense, keep the Demised Premises and the Improvements thereon, and all
sidewalks, curbs, and all appurtenances to the Demised Premises, in good order,
condition, and repair, casualties and ordinary wear and tear excepted. Lessee shall
keep and maintain the Demised Premises and all improvements in superior condition,
consistent with other similarly classed operations. Lessee shall keep the Demised
Premises in such condition as may be required by law and by the terms of the insurance
policies furnished pursuant to this Lease, whether or not such repair shall be interior or
exterior, and whether or not such repair shall be of a structural nature. Upon
reasonable notice to Lessee, Lessor may, at its discretion, conduct an annual inspection
of the Demised Premises to determine Lessee's compliance with this Article VI.
ARTICLE VII
COMPLIANCE WITH LAW
7.1. During the term of this Lease, Lessee shall comply with all applicable laws
applicable to Lessee's use of the Demised Premises, the breach of which might result in
any penalty on Lessor or forfeiture of Lessor's title to the Demised Premises.
7.2. Lessee shall not commit waste on the Demised Premises except as
necessary for the removal or construction of any buildings and Improvements on the
Demised Premises, but shall not be liable for any damages to or destruction of any
buildings or improvements on the Demised Premises, nor be required to repair or
rebuild the buildings or Improvements.
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ARTICLE VIII
ALTERATIONS
8. Lessee shall have the right, at Lessee's expense, from time to time during
the term of this Lease to make such alteration, addition, or modification to the Demised
Premises or the improvements thereon as shall be agreed upon it writing by Lessor and
Lessee.
ARTICLE IX
USE OF DEMISED PREMISES
9. Lessee will not use or allow the Demised Premises or any buildings or
Improvements thereon or any appurtenances thereto, to be used or occupied for any
unlawful purpose or in violation of any certificate of occupancy. Lessee will not suffer
any act to be done or any condition to exist within the Demised Premises or in any
Improvement thereon, or permit any article to be brought therein, which may be
dangerous, unless safeguarded as required by law, or which may, in law, constitute a
nuisance, public or private, or which may make void or voidable any insurance in force
with respect thereto.
ARTICLE X
INSURANCE
10.1. Lessee will at all times during the term of this Lease maintain insurance on
the Demised Premises of the following character:
A. Insurance against loss or damage by fire and other risks and
perils from time to time included under standard extended coverage
endorsements in an amount equal to not less than ninety percent (90%) of
the replacement value of the Demised Premises and the Improvements,
(exclusive of the costs of excavation, foundations, and footings below the
lowest floor).
B. Insurance as set forth in the Lessor's standard Insurance
Schedule for Lessees of City Property, as such uniform, standardized
schedule may from time to time be amended. The current Insurance
Schedule is attached to this Lease Agreement as Insurance Schedule A.
10.2. Such insurance shall be written by companies legally qualified to issue
such insurance in the State of Iowa and such insurance shall name as the insured
parties thereunder, Lessor, or its assigns, and Lessee, as their interests may appear.
Lessor shall not be required to prosecute any claim against any insurer or to contest
any settlement proposed by any insurer, provided that Lessee may, at its cost and
expense, prosecute any such claim or contest any such settlement, and in such event
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Lessee may bring any such prosecution or contest in the name of Lessor, Lessee, or
both, and Lessor shall cooperate with Lessee and will join therein at Lessee's written
request upon receipt by Lessor of an indemnity from Lessee against all costs, liabilities,
and expenses in connection with such cooperation, prosecution, or contest.
10.3. Lessee shall deliver to Lessor promptly after the execution and delivery of
this Lease the original or duplicate policies or certificates of insurers satisfactory to
Lessor evidencing all the insurance which is then required to be maintained by Lessee
hereunder, and Lessee shall, within 30 days prior to the expiration of any such
insurance, deliver other original or duplicate policies or other certificates of the insurers
evidencing the renewal of such insurance. Should Lessee fail to effect, maintain, or
renew any insurance provided for herein, or to pay the premium therefor, or to deliver to
Lessor any of such policies or certificates, Lessor, at its option, but without obligation so
to do, may procure such insurance, and any sums expended by it to procure such
insurance shall be additional rent hereunder and shall be repaid by Lessee within 30
days following the date on which demand therefor shall be made by Lessor. Such
insurance policy(ies) shall contain a provision that such policy(ies) shall not be canceled
or reduced in scope without thirty (30) days prior written notice to Lessor.
10.4. Each party shall look first to any insurance in its favor before making any
claim, against the other party for recovery for loss or damage resulting from fire or other
casualty, and to the extent that such insurance is in force and collectible and to the
extent permitted by law, Lessor and Lessee each hereby releases and waives all right
of recovery against the other or anyone claiming through or under each of them by way
of subrogation or otherwise. The foregoing release and waiver shall be in force only if
both releasors' insurance policies contain a clause providing that such a release or
waiver shall not invalidate the insurance, and also provided that such policies can be
obtained without additional premiums. Lessee acknowledges that Lessor will not carry
insurance on Lessee's furniture and/or furnishings or any trade fixtures or equipment,
improvements, or appurtenances removable by Lessee or Lessee's leasehold
improvements and agrees that Lessor will not be obligated to repair any damage thereto
or replace the same.
ARTICLE XI
LESSOR'S WARRANTIES AND REPRESENTATIONS
11.1. Lessor's Representation Of Good Title. Lessor covenants and warrants
that its is lawfully seized in fee simple of the Demised Premises, and that it has full right
and authority to enter into this Lease for the full term hereof, and covenants and agrees
that upon paying the rent provided for herein, and upon Lessee's performing the
covenants and agreements of this Lease required to be performed by said Lessee, that
it will have, hold and enjoy quiet possession of the Demised Premises. Lessor warrants
to Lessee that the Demised Premises are properly zoned for the conduct of the
operation of Lessee's business.
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11.2. Lessor covenants and agrees that Lessee shall have no responsibility for
or liability arising from any Hazardous Substance which was in, on or about the
Demised Premises prior to the commencement date of this Lease ("Prior Hazardous
Substances") or which leach or migrate upon the Demised Premises from any property
owned by Lessor or their affiliates ("Lessor Hazardous Substances").
For the purposes of this Lease, "Hazardous Substance" or "Hazardous
Substances" means any hazardous or toxic substance, material or waste which is or
becomes regulated by any local government, the State of Iowa or the United States
Government. It includes, without limitation, any material or substance that is (i) defined
as a "hazardous substance" or "hazardous waste" under Chapter 455B, Iowa Code, (ii)
petroleum and petroleum products, (iii) asbestos, (iv) designated as a "hazardous
substance" pursuant to Section 311 of the Federal Water Pollution Control Act (33
U.S.C. §1321), (v) defined as a "hazardous waste pursuant to §1004 of the Federal
Resource Conservation and Recovery Act, 42 U.S.C. §6901 et seq., (vi) defined as a
"hazardous substance" pursuant to §101 of the Comprehensive Environmental
Response, Compensation and Liability Act, U.S.C. §9601 et seq., or (vii) defined as a
"regulated substance" pursuant to Subchapter IX, Solid Waste Disposal Act (Regulation
of Underground Storage Tanks), 42 U.S.C. §6991 et seq.
ARTICLE XII
INDEMNIFICATION
12. Indemnification of Lessor. Lessee shall protect, indemnify, and save
harmless Lessor from and against all liabilities, obligations, claims, damages, penalties,
causes of action, costs and expenses (including, without limitation, reasonable
attorneys' fees and expenses) imposed upon or incurred by or asserted against Lessor
by reason of (a) any accident, injury to, or death of persons or loss of or damage to
property occurring on or about the Demised Premises during the term of this Lease and
resulting from any act or omission of Lessee or anyone claiming by, through, or under
Lessee during the term of the Lease; and (b) any failure on the part of Lessee to
perform or comply with any of the terms of this Lease. In case any action, suit, or
proceeding is brought against Lessor by reason of such occurrence, Lessee will, at
Lessee's expense, resist and defend such action, suit, or proceeding, or cause the
same to be resisted and defended by counsel approved by Lessor.
ARTICLE XIII
CONDEMNATION
13.1. Entire Condemnation. If at any time during the term of this Lease all or
substantially all of the Demised Premises or the improvements thereon shall be taken in
the exercise of the power of eminent domain by any sovereign, municipality, or other
public or private authority, then this Lease shall terminate on the date of vesting of title
in such taking and any prepaid rent shall be apportioned as of said date. Substantially
all of the Demised Premises and the improvements thereon shall be deemed to have
been taken if the remaining portion of the Demised Premises shall not be of sufficient
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size to permit Lessee to operate its business thereon in a manner similar to that prior to
such taking.
13.2. Allocation of Award. Any award for such taking of all or substantially all
of the Demised Premises shall be paid to the parties hereto in accordance with the
following:
A. To Lessor, the amount of the award attributable to the
Demised Premises, determined as if this Lease was not in effect at the
time of such award, excluding therefrom the amount of the award
attributable to the improvements, and all other sums not directly
attributable to the value of the Land constituting the Demised Premises.
B. To Lessee, the entire award except that portion allocated to
Lessor above, including but not limited to, the value of the improvements
plus any other amount assessed for Lessee.
13.3. Partial Condemnation. If less than all or substantially all of the Demised
Premises or the improvements thereon shall be taken in the exercise of the power of
eminent domain by any sovereign, municipality, or other public or private authority, then
Lessee, at its option, may elect to continue this Lease in full force and effect or
terminate this Lease. If Lessee shall elect to maintain this Lease in full force and effect,
the entire award for such partial condemnation shall be paid over to Lessee, and
Lessee shall proceed with reasonable diligence to carry out any necessary repair and
restoration so that the remaining improvements and appurtenances shall constitute a
complete structural unit or units which can be operated on an economically feasible
basis under the provisions of this, Lease. In the event Lessee elects to continue this
Lease in full force and effect after a partial condemnation, there shall be no abatement
in the Basic Rent Lessee is required to pay hereunder.
Should Lessee elect to terminate this Lease upon a partial condemnation,
Lessee shall provide Lessor with written notice of such election within thirty (30) days
after the date of vesting of title for such taking. Lessee shall specify in such written
notice the date on which this Lease shall terminate, which date shall be not less than 60
days nor more than 360 days after delivery of such notice to Lessor (the Termination
Date). In the event Lessee terminates this Lease, as provided for in this Article 13.3,
Lessee shall be entitled to the entire award for such partial taking.
13.4. Temporary Taking. If the temporary use of the whole or any part of the
Demised Premises or the Improvements thereon or the appurtenances thereto shall be
taken at any time during the term of this Lease in the exercise of the power of eminent
domain by any sovereign, municipality, or other authority, the term of this Lease shall
not be reduced or affected in any way, and Lessee shall continue to pay in full the rent,
additional rent, and other sum or sums of money and charges herein reserved and
provided to be paid by Lessee, and the entire award for such temporary taking shall be
paid to Lessee. Lessee shall repair and restore any and all damage to the Demised
8
Premises and the improvements as soon as reasonably practicable after such
temporary taking.
13.5. Effect of Taking. If any taking renders the construction of the meeting
and entertainment center or hotel impossible, any financial penalties set forth in Section
1.3 (regarding the meeting and entertainment center) or Section 24.5 (regarding the
hotel) shall not be applicable.
ARTICLE XIV
ASSIGNMENT AND SUBLETTING
14. Lessee shall not assign or transfer this Lease or sublease the whole or
any part of the Demised Premises without the prior written consent of Lessor.
ARTICLE XV
DEFAULT
15.1. Lessor's Rights in the Event of Lessee's Default. If Lessee shall fail or
neglect to observe, keep, or perform any of the covenants, terms, or conditions
contained in this Lease on its part to be observed, kept, or performed, and the default
shall continue for a period of thirty (30) days after written notice from Lessor setting forth
the nature of Lessee's default (it being intended that in connection with a default not
susceptible of being cured with diligence within thirty (30) days, the time within which
Lessee has to cure the same shall be extended for such period as may be necessary to
complete the same with all due diligence), then and in any such event, Lessor shall have
the right at its option, on written notice to Lessee, to terminate this Lease and all rights
of Lessee under this Lease shall then cease. Lessor, without further notice to Lessee,
shall have the right immediately to enter and take possession of the Demised Premises
with or without process of law and to remove all personal property from the Demised
Premises and all persons occupying the Demised Premises and to use all necessary
force therefor and in all respects to take the actual, full, and exclusive possession of the
Demised Premises and every part of the Demised Premises as of Lessor's original
estate, without incurring any liability to Lessee or to any persons occupying or using the
Demised Premises for any damage caused or sustained by reason of such entry on the
Demised Premises or the removal of persons or property from the Demised Premises.
15.2. Rights of Holder of Encumbrance in Event Lessee Defaults. If Lessee
fails or neglects to observe, keep, or perform any of the covenants, terms, or conditions
contained in this Lease on its part to be observed, kept, or performed, the Holder of any
indebtedness secured by an encumbrance on the leasehold estate under this Lease
shall have thirty (30) days after receipt of written notice from Lessor setting forth the
nature of Lessee's default and a reasonable time thereafter if it shall have commenced
foreclosure or other appropriate proceedings in the nature thereof within such thirty (30)
days and is diligently prosecuting such proceedings, within which to endeavor to make
good or remove the default or cause for termination of the Lease. All right of Lessor to
terminate this Lease on the failure or neglect of Lessee to observe, keep, and perform
9
the covenants, terms, and conditions of this Lease, is, and shall continue to be, at all
times prior to payment in full of the indebtedness to the Holder of Lessee, subject to,
and conditioned on, Lessor's having first given the Holder written notice thereof and the
Holder having failed to cause the default or cause for termination to be made good or
removed within thirty (30) days after receiving written notice of default or cause for
termination or within a reasonable time thereafter if it shall have commenced
foreclosure or other appropriate proceedings in the nature of foreclosure within such
thirty (30) days and is diligently prosecuting such proceedings. In the event that the
Lease is terminated due to the Lessee's bankruptcy, insolvency or other proceedings,
and in the event the Holder has complied with the terms of this Section 15.2, then
Lessor at Holder's option, shall enter into a new lease with Holder or the successful
bidder at foreclosure on the same terms as this Lease, for the term then remaining, and
specifically preserving all unexercised options.
ARTICLE XVI
RIGHT TO CURE OTHER'S DEFAULTS
16. Whenever and as often as a party shall fail or neglect to comply with and
perform any term, covenant, condition, or agreement to be complied with or performed
by such party hereunder, then, upon thirty (30) days' prior written notice to such
defaulting party, the other party, at such other party's option, in addition to all other
remedies available to such other party, may perform, or cause to be performed, such
work, labor, services, acts, or things, and take such other steps, including entry onto the
Demised Premises and the Improvements thereon, as such other party may deem
advisable, to comply with and perform any such term, covenant, condition, or
agreement which is in default, in which event such defaulting party shall reimburse such
other party upon demand, and from time to time, for all costs and expenses suffered or
incurred by such other party in so complying with or performing such term, covenant,
condition, or agreement. The commencement of any work or the taking of any other
steps or performance of any other act by such other party pursuant to the immediately
preceding sentence shall not be deemed to obligate such other party to complete the
curing of any term, covenant, condition, or agreement which is in default.
ARTICLE XVII
QUIET ENJOYMENT
17. Lessor covenants that at all times during the term of this Lease, so long as
Lessee is not in default hereunder, Lessee's quiet enjoyment of the Demised Premises
or any part thereof shall not be disturbed by any act of Lessor, or of anyone acting by,
through, or under Lessor.
ARTICLE XVIII
WAIVER
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18. No waiver by Lessor of any breach by Lessee of any term, covenant,
condition, or agreement herein and no failure by Lessor to exercise any right or remedy
in respect of any breach hereunder, shall constitute a waiver or relinquishment for the
future of any such term, covenant, condition, or agreement or of any subsequent breach
of any such term, covenant, condition, or agreement, nor bar any right or remedy of
Lessor in respect of any such subsequent breach, nor shall the receipt of any rent, or
any portion thereof, by Lessor, operate as a waiver of the rights of Lessor to enforce the
payment of any other rent then or thereafter in default, or to terminate this Lease, or to
recover the Demised Premises, or to invoke any other appropriate remedy which Lessor
may select as herein or by law provided.
ARTICLE XIX
SURRENDER
19. Lessee shall, on the last day of the term of this Lease or upon any
termination of this Lease hereof, surrender and deliver up the Demised Premises, with
the improvements then located thereon into the possession and use of Lessor, without
fraud or delay and in good order, condition, and repair, free and clear of all lettings and
occupancies, free and clear of all liens and encumbrances other than those existing on
the date of this Lease and those, if any, created by Lessor, without (except as otherwise
provided herein) any payment or allowance whatever by Lessor on account of or for any
buildings and improvements erected or maintained on the Demised Premises at the
time of the surrender, or for the contents thereof or appurtenances thereto. At Lessor's
option, Lessor and Lessee shall agree to jointly remove any or all of the Improvements
located on the Demised Premises. Provided, however, that Lessee's Trade Fixtures,
personal property, and other belongings of Lessee or of any sublessee or other
occupant of space in the Demised Premises shall be and remain the property of
Lessee, and Lessee shall have a reasonable time after the expiration of the term of this
Lease to remove the same.
ARTICLE XX
MEMORANDUM OF LEASE
20. Each of the parties hereto will, promptly upon request of the other,
execute a memorandum of this Lease in form suitable for recording setting forth the
names of the parties hereto and the term of this Lease, identifying the Demised
Premises, and also including such other clauses therein as either party may desire,
except the amounts of Basic Rent payable hereunder.
ARTICLE XXI
NOTICES
21.1. All notices, demands, or other writings in this Lease provided to be given
or made or sent, or which may be given or made or sent, by either party to the other,
shall be deemed to have been fully given or made or sent when made in writing and
11
deposited in the United States mail, registered and postage prepaid, and addressed as
follows:
TO LESSOR:
TO LESSEE:
City of Dubuque, Iowa
50 West 13th Street
Dubuque, Iowa 52001
Dubuque County Historical Society
3rd Street Ice Harbor
Dubuque, IA 52001
21.2. The address to which any notice, demand, or other writing may be given
or made or sent to any party as above provided may be changed by written notice given
by the party as above provided.
ARTICLE XXII
MISCELLANEOUS
22.1. Time of the Essence. Time is of the essence of this Lease and all of its
provisions.
22.2. Governing Law. It is agreed that this Lease shall be governed by,
construed, and enforced in accordance with the laws of the State of Iowa.
22.3. Attorney Fees. In the event that any action is filed in relation to this
Lease, the unsuccessful party in the action shall pay to the successful party, in addition
to all the sums that either party may be called on to pay, a reasonable sum for the
successful party's attorney fees.
22.4. Paragraph Headings. The titles to the paragraphs of this Lease are
solely for the convenience of the parties and shall not be used to explain, modify,
simplify, or aid in the interpretation of the provisions of this Lease.
22.5. Modification of Agreement. Any modification of this Lease or additional
obligation assumed by either party in connection with this Lease shall be binding only if
evidenced in a writing signed by each party or an authorized representative of each
party.
22.6. Parties Bound. This Lease shall be binding on and shall inure to the
benefit of and shall apply to the respective successors and assigns of Lessor and
Lessee. All references in this Lease to "Lessor" or "Lessee" shall be deemed to refer to
and include successors and assigns of Lessor or Lessee without specific mention of
such successors or assigns.
12
22.7. Force Majeure. In the event that either party hereto shall be delayed or
hindered in or prevented from the performance of any act required hereunder by reason
of strikes, lockouts, labor troubles, unavailability or excessive price of fuel, power failure,
riots, insurrection, war, terrorist activities, chemical explosions, hazardous conditions,
fire, weather or acts of God, or by reason of any other cause beyond the exclusive and
reasonable control of the party delayed in performing work or doing acts required under
the terms of this Lease, then performance of such act shall be excused for the period of
the delay and the period for the performance of any such act shall be extended for a
period equivalent to the period of such delay.
IN WITNESS WHEREOF, the parties hereto have caused this Lease to be
executed as of the day and year first above written.
LESSOR:
[SEAL] CITY OF DUBU UE, IOWA
Attest: ` . 4 By: cn,/•
Roy D.:1oI, Mayor
Attest:
LESSEE:
DUBUQUE OUFJTY HIST•RICAL SOCIETY
By:
Jerry Enzler(ecutive Director
F:\USERS\tsteckle\LindahI Agreements\HamHouseLease_051706.doc
Last saved by Tracey Stecklein;5/17/2006 9:49 AM
13
DUBUQU
By
Jerry En
NTY HISTORICAL SOCIRTY
ive Direcfor
STATE OF IOWA )
COUNTY OF DUBUQUE ) ss:
On this 15th day of May , 2006, before me,0 Q. CG .&'e4 f ,
a Notary Public in and for the State of Iowa, personally appeared Roy D. Buol and
Karen M. Chesterman, to me personally known, and, who, being by me duly sworn, did
say that they are the Mayor and Deputy City Clerk, respectively, of the City of Dubuque,
Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the
corporation, and that the instrument was signed and sealed on behalf of the corporation,
by authority of its City Council, as contained in Resolution No. 205-06 adopted by the
City Council of the City of Dubuque, Iowa, on the 15th day of May, 2006, and that they
acknowledged the execution of the instrument to be their voluntary act and deed and
the voluntary act and deed of the corporation, by it voluntarily executed.
Notary Public in and for State of Iowa
STATE OF IOWA )
COUNTY OF DUBUQUE ) ss:
..4'4 i fONSTANCE L. RIEDL
''Gcrim!asslon Number 118252
ro,,. IdynCornmisslon Expires y/
On this day of , 2006, before me, a Notary Public in and
for the State of Iowa, personally appeared Jerry Enzler, to me personally known, who
being by me duly sworn did say that he is the Executive Director of Dubuque County
Historical Society, that (the seal affixed hereto is the seal of said)(no seal has been
procured by the said) Society and that said instrument was signed (and sealed) on
behalf of said Society by authority of its Board of Directors and he acknowledged the
execution of said instrument to be the voluntary act and deed of said Society, by it
voluntarily executed.
Notary Public in and for State of Iowa
F:\USERS\tsteckle\Lindahl\Agreements\HamHouseMemorandumLeaseAgree_051706bal.doc
Last saved by Tracey Stecklein; 5/17/2006 9:37 AM
EXHIBIT "A"
Parcel # 1107251003
Lots 530, 1 of 531, 2 of 531 and 532 all in Hams Addition, in the City of Dubuque
14
INSURANCE SCHEDULE A
INSURANCE REQUIREMENTS FOR TENANTS AND LESSEES OF CITY PROPERTY OR VENDORS
(SUPPLIERS, SERVICE PROVIDERS) TO THE
CITY OF DUBUQUE
1. All policies of insurance required hereunder shall be with an insurer authorized to do business in
Iowa. All insurers shall have a rating of A or better in the current A.M. Best Rating Guide.
2. All policies of insurance shall be endorsed to provide a thirty (30) day advance notice of cancellation
to the City of. Dubuque, except for 10 day notice for non-payment, if cancellation is prior to the
expiration date. This endorsement supersedes the standard cancellation statement on the Certificate
of Insurance.
3. shall furnish a signed Certificate of Insurance to the City of Dubuque, Iowa
for the coverage required in Paragraph 6 below. Such certificates shall include copies of the following
policy endorsements:
a) Commercial General Liability policy is primary and non-contributing.
b) Commercial General Liability additional insured endorsement.
c) Governmental Immunity Endorsements.
4 Each certificate shall be submitted to the contracting department of the City of Dubuque.
5. Failure to provide minimum coverage shall not be deemed a waiver of these requirements by the City
of Dubuque. Failure to obtain or maintain the required insurance shall be considered a material
breach of this agreement.
6. shall be required to carry the following minimum coverage/limits or greater
if required by law or other legal agreement:
a) COMMERCIAL GENERAL LIABILITY
General Aggregate Limit $2,000,000
Products -Completed Operations Aggregate Limit $1,000,000
Personal and Advertising Injury Limit $1,000,000
Each Occurrence Limit $1,000,000
Fire Damage Limit (any one occurrence) $ 50,000
Medical Payments $ 5,000
This coverage shall be written on an occurrence, not a claims made form. Form CG 25 04 03 97
"Designated Location (s) General Aggregate Limit" shall be included. All deviations or exclusions
from the standard ISO commercial general liability form CG 0001, or Business Owners form BP 0002,
shall be clearly identified.
15
INSURANCE SCHEDULE A (Continued)
INSURANCE REQUIREMENTS FOR TENANTS AND LESSEES OF CITY PROPERTY OR VENDORS
(SUPPLIERS, SERVICE PROVIDERS) TO THE
CITY OF DUBUQUE
Governmental Immunity Endorsement identical or equivalent to form attached.
Additional Insured Requirement:
The City of Dubuque, including all its elected and appointed officials, all its employees and
volunteers, all its boards, commissions and/or authorities and their board members, employees
and volunteers shall be named as an additional insured on General Liability Policies using ISO
endorsement CG 20 26 0704 "Additional Insured — Designated Person or Organization," or it's
equivalent. — See Specimen
b) WORKERS' COMPENSATION & EMPLOYERS LIABILITY
Statutory for Coverage A
Employers Liability:
Each Accident $100,000
Each Employee — Disease $100,000
Policy Limit — Disease $500,000
c) UMBRELLA EXCESS LIABILITY
LIQUOR OR DRAM SHOP LIABILITY
Coverage to be determined on a case by case basis by Finance Director.
Completion Checklist
❑ Certificate of Liability Insurance (2 pages)
❑ Designated Location(s) General Aggregate Limit CG 25 04 03 97 (2 pages)
❑ Additional Insured 20 26 07 04
❑ Governmental Immunities Endorsement
16
CITY OF DUBUQUE, IOWA
GOVERNMENTAL IMMUNITIES ENDORSEMENT
1 Nonwaiver of Governmental Immunity. The insurance carrier expressly agrees and
states that the purchase of this policy and the including of the City of Dubuque, Iowa
as an Additional Insured does not waive any of the defenses of governmental
immunity available to the City of Dubuque, Iowa under Code of Iowa Section 670.4
as it is now exists and as it may be amended from time to time.
2. Claims Coverage. The insurance carrier further agrees that this policy of insurance
shall cover only those claims not subject to the defense of governmental immunity
under the Code of Iowa Section 670.4 as it now exists and as it may be amended
from time to time. Those claims not subject to Code of Iowa Section 670.4 shall be
covered by the terms and conditions of this insurance policy.
3. Assertion of Government Immunity. The City of Dubuque, Iowa shall be responsible
for asserting any defense of governmental immunity, and may do so at any time and
shall do so upon the timely written request of the insurance carrier.
4. Non -Denial of Coveraae. The insurance carrier shall not deny coverage under this
policy and the insurance carrier shall not deny any of the rights and benefits
accruing to the City of Dubuque, Iowa under this policy for reasons of governmental
immunity unless and until a court of competent jurisdiction has ruled in favor of the
defense(s) of governmental immunity asserted by the City of Dubuque, Iowa.
No Other Change in Policy. The above preservation of governmental immunities shall
not otherwise change or alter the coverage available under the policy.
SPECIMEN
17
pDicYNumnrn cyfiimERCIAI. GENERAL LIABILITY
CG 20 26 07 04
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY,
ADDITIONAL INSURED - DESIGNATED
PERSON OR ORGANIZATION
his endenement modifo$ insurance iorcviVed ndin ihe Vidwirtg:
CX)MfoltiRCIAL GENER4 LIAILITY COVERAGE PART
SCHEDULE
1 Name Of Additional trtaiti Penson(a) Or .Organiza0on(a)
The Ciy nr Dubuque, .inc 11,2O.1 n9 all itele:,..t.po 0rd appnintild
rtdielS,iIi ls elployeet, oud. vc I all 'dS,
C0311S0 nnS and/or authorities and it:lei n3ard mpotbers,
emplayens .r.nd volunteers,
lln,orrnaticA tea:Jim/Ito cOripleif th4. h1uiifrt ahown aboVC. %nil tie tiown peclamiors.
Section U — Who te AnIllsurd iarnordev oy.
olude as an 04:11hona insuma thc rxirin)
=ton) ;shown in tits Sr.hodulo, but oniy v4d respect
to hol,Ility fc tA1 inJ1ry. "prvet}, darnewe'
"r.ersoral and advartairp irtiury* c..avattd. in whde. r>r
in pan. Ly your ni,n3 or the act.F. or cons -
slum; 01 IrMe =ling on your battle
A, in the pertormance o your orptarli ooervi
a in CfAlnectitet wilt) your premises owned toy or
$JlI
117 Cm
a LSO Proronies, Inc.. 2U4 Page 1 of 1
ACORD. CERTIFICATE OF LIABILITY INSURANCE
rrY Emlax4.4.441;
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1NSUKANCL NutP4CY 1:41L't 4NO CONFERS P40 RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICAT VOES NO 4 mew, .)f-rErip OR
I Itt.t I WORM ALTER THE 00 yEIIIAGE AFFORDED BY THE POLICIES Sa.04V.
till', SIAM, ../.4P COCK
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SENERAL LIABILITY ACCPCCAn /MT SHALL SE INCLUDED. COVERNMENTAI. 114MONtlitS ENDORSEMENT IS INCLUDED.
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C.ERTIFICATLtiOgn_
WY of ()mom
CITY NALL
SO W. 137), sTRfur
000D40E, J. S2001
4 W 2 001!0141
19
T4C0R0-C4O4'4;ORATION1MM
•
IMPORTANT
If lite ciPtir4Csfe h?•1(1-01.4, Al.?I3I IDNAL INSURED. lh pulivy(iQul loog too tctivisvtl, A ,tabanient
on 114 e.-4414rAle •••)(?‘ tint Confer rInt to the vAifik:olo It' lioo .of Moi:b tto.R:rbertwonb,,
H SUBROGATION IS VA`AIVPD., eu0ez.z to the iil uiiIiu t tI o.ttairl poildek, may
tuquiro voi,ore.en'ent A sVitarrAta :tits cisttik:at; Otst• no IA 3rItIll 4,41‘1% k. Ita-mtitit:Ai.i,
noido nlit%) Or 3Itar enrIcn%PmFrIts,)..
DISCLAiNIER
I he Conific.i.ac intv.lancrnn ihoweme sgie ofti lxni du uto not tzrzAilArto 41 QUI it:WAA 0.Attri
sssurip iniureqs:„ ouV*.ctimil repremtvve !:st pootiotr. and this liiisAtio I ouv, ,luttN it
atitrtuativeiy rlioativs.11v i/mr,tn.1, extend or anal' meowerape affunleM Mu sisiktJ 0411•1111,
ACORD
26 (20Dliefil
SPECIMEN
POL.tCY NUMBETt.
COMMERCIAL GENERAL LIABILITY
CG 25 04 03 $7
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED LOCATIONS)
GENERAL AGGREGATE LIMIT
This ea dot sornmt modifito irstrronrai prnuirted tinder dal Iclieuving:
COMMERCIAL GENERAL (.14110 trY COVERAGE PART
SCHEDULE
Tjesiitiated Locstionts):
SPECIMEN
tlf no trite appears shove. if -formation tequonN1 to exam:110e this erernernent Mt sittm.fi in to Declarations
se aopicab to the eficorserient.
Fdr oil r,um s wh ch uric insweti becomes legatty
obligated to rxtfy aa damages caused by
'oentirrerces- aides COMFRAGE A (SECTION
H.arid to. all mettinal emsrtses caused be reed -
(*Me tinder COVERAGE C (SECTION I), whkel
can be attributed only to operations sit dsugle
des4nated "lccalion" zhcWI in the. Scusz
adie:
1. A separate Detignaiatf Lodetion General
Aggrega rnItapplies 10 each des'ognalcd
location', ard that knit fa. ezlixat to the
sersipot of the Genetul Aggregate Lim t
shown in the Oecteretions
Z. The Designated Location Callen Agvegate
t inst tit ate must Wt.', will pay for the sum of all
damages under covrnAot: excep:drr-
ages because of 'bodily injury "moody
damage' included ir the 'products,cvnoleted
operations haare. and to medical expenses
under COVERAGE C regrardlesS ct Itic num-
Doe of:
a, ..nsweilg,
b. Cairns niwde A,
C. PerSOlic, tx tagarizerions rnakirg cinintS
ne bringing 'xittit.c.
3. Any peyrnerfht Made under COVERAGE A
frttiamage or under COVERAGE C tot
medical expenses iia1 reduce Desig-
nateo Location Gt.; Aggiogate Limit tot
the: designated 'too:Ilion'. U.ten pompon:*
steal not reduce the Genera AgGretiyart trot
shcvm in the Oortf.4.4.41one nor vial they re-
duce any titer Deeldridted Lcca,i0n General
Aggregate Limit tea any fairer des -ionated
"k,cation' shown in Itis Schcskic aorraei.
4. The timits Shun ir the Declarabons to Each
OCCuffOrtect. Fee Damage end Medct tx
pr continue to apply.. tiowevel., r.sfeari of
betel subjeCt loihe General Aggtegrata Lirrit
ShOwr in trva Declarations. StiCh :tMts Wit be
€403)ext ki the, tipulluaLle Designated I..nr.anon
General gregke. o
B.Evi all rtI borntacneste
obligated to pay
a dsmagee ceased by
'runic:awes' under COVEP.AGE A :SECItOtst
ard ter all rnedisal rsed y
dents under COVERAGE C (SECTION I. 1,Ytibh
cannot be ollibuted bmy t .p aior to
gle designated loosticn' shaon in the Sr,h6dola
abovs.
1. Aloe payrrama made under COVEEAGE A
for danages of .inder COVERAGE C or
litediCiV expenses sholl reduce the amount
aH un ii GenelW AggiegMe 1.10111
co fle PreduCompleted Opeititnire Ag-
gripts Li'r; it vollit'Reeveri ppiliaeale, arid
2. cM poymerts soap not redwa any Designated
Lear:bit Gentel Aggregata Lira
G. When s.oyerage for 1404 mising el the
4rittxthati coinctIttted operations hazardis pro-
vired, any payments tor *savages because of
'hadiiy inpry. or 'pleperty da.Maide" ricitided in
Ulu 'PliClitgAS-MraMestec oaerotionimi' will
reduce rne Products-Completitd Opaiatiani Ag-
gregate Limit arid heq tedlied the General Ag
gretple Unit nix 06 Designated Lnratran Can*
w Aggregate Limit,
D. For tJx Hooses of th,s endorsement, tie Defi-
nitions *00:i0n is ntnentifet ny the addition cif
the fatiaiting denit err
'Loaatior' Intana pherde$ niniV n tri $come
or caimaing iDt,5, Of prernisFis vrose
flan is intentriten only by a snet. roadway via
?airway or rigt-t-cf.way of a reilicrad,
the pro/more ot I irri is Of ineurahm (SECTION
lin net bretwise mcdified by this oriticisotnrnt
shall =venue to opp'4, as stipulatee
SPECIMEN
Prepared by: Barry A. Lindahl, Esq., Suite 330, 300 Main Street, Dubuque, IA 52001-6944, 563-583-4113
MEMORANDUM OF LEASE AGREEMENT
This Memorandum of Lease Agreement (Memorandum) is dated for references
purposes the nth day of May , 2006, by THE CITY OF DUBUQUE, IOWA, an
Iowa Municipal Corporation (Lessor) whose address for the purpose of this Lease is
City Hall, 50 West 13th Street, Dubuque, Iowa 52001 and DUBUQUE COUNTY
HISTORICAL SOCIETY, (Lessee) whose address for the purpose of this Lease is 3rd
Street Ice Harbor, Dubuque, Iowa 52001.
FOR VALUABLE CONSIDERATION, the receipt of which is acknowledged by
Lessor, Lessor has leased to Lessee and Lessee has leased, upon and subject to the
terms and conditions set forth in one certain Lease Agreement, dated the nth day of
May , 2006, the following described real estate:
Lots 530, 1 of 531, 2 of 531 and 532
all in Hams Addition, in the City of Dubuque
The terms, covenants and conditions of the aforesaid Lease Agreement
by and between the parties are hereby referred to and made a part hereof, the same as
though fully set forth herein.
This Memorandum is a form thereof for the purpose of notice. In the event of a
conflict between the provisions of this Memorandum and the longer form of the Lease
Agreement executed by the parties, the terms and provisions of the longer form of the
Lease Agreement shall prevail.
Dated this i-il5thday of May , 2006.
CITY OF DU QUE, IOWA
By
Roy uol, Mayor
By ` i&C/L
/A.elf iretf
1 Karen M. Chesterman, Deputy City Clerk
23
iu
11
u
11
imuu
tl
III IH IIH II IIIIIY
Doc ID 005448750004 Type GEN
Recorded: 07/07/2006 at 03:16:30 PM
Fee Amt: $22.00 Page 1 of 4
Dubuque County Iowa
Kathy Flynn Thurlow Recorder
Fi1e2006-00010390
Return to: Jeanne F. Schneider, City Clerk, 50 West 13th Street, Dubuque IA 52001
Prepared by: Barry A. Lindahl, Esq., Suite 330, 300 Main Street, Dubuque, IA 52001-6944, 563-583-4113
MEMORANDUM OF LEASE AGREEMENT
This Memorandum of Lease Agreement (Memorandum) is dated for references
purposes the 15th day of May 2006, by THE CITY OF DUBUQUE, IOWA, an
Iowa Municipal Corporation (Lessor) whose address for the purpose of this Lease is
City Hall, 50 West 13th Street, Dubuque, Iowa 52001 and DUBUQUE COUNTY
HISTORICAL SOCIETY, (Lessee) whose address for the purpose of this Lease is 3rd
Street Ice Harbor, Dubuque, Iowa 52001.
FOR VALUABLE CONSIDERATION, the receipt of which is acknowledged by
Lessor, Lessor has leased to Lessee and Lessee has leased, upon and subject to the
terms and conditions set forth in one certain Lease Agreement, dated the 15thday of
May , 2006, the following described real estate:
Lots 530, 1 of 531, 2 of 531 and 532
all in Hams Addition, in the City of Dubuque
The terms, covenants and conditions of the aforesaid Lease Agreement
by and between the parties are hereby referred to and made a part hereof, the same as
though fully set forth herein.
This Memorandum is a form thereof for the purpose of notice. In the event of a
conflict between the provisions of this Memorandum and the longer form of the Lease
Agreement executed by the parties, the terms and provisions of the longer form of the
Lease Agreement shall prevail.
Dated this ".i ILbthday of Nay , 2006.
CITY OF DU QUE, IOWA
By
Roy uol, Mayor
By ,ZU/L 4_4,(Ait"
Karen M. Chesterman, Deputy City Clerk
DUBUQU NTY HISTORICAL SOCIRTY
By / ) .
Jerry En r, lye Direc r
STATE OF IOWA )
COUNTY OF DUBUQUE ) ss:
On this 15th day of May , 2006, before me, na V & _ )"P.4.1 ,
a Notary Public in and for the State of Iowa, personally appeared Roy D. Buol and
Karen M. Chesterman, to me personally known, and, who, being by me duly sworn, did
say that they are the Mayor and Deputy City Clerk, respectively, of the City of Dubuque,
Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the
corporation, and that the instrument was signed and sealed on behalf of the corporation,
by authority of its City Council, as contained in Resolution No. 205-06 adopted by the
City Council of the City of Dubuque, Iowa, on the 15th day of May, 2006, and that they
acknowledged the execution of the instrument to be their voluntary act and deed and
the voluntary act and deed of the corporation, by it voluntarily executed.
C
Notary Public in and for State of Iowa
1., • r'(NSTAHCE L. RIEDL
Comrn!ss!on Number 118252
Y y/ 07
.`. Y Comm sslon Expires ,.. .
STATE OF IOWA )
COUNTY OF DUBUQUE ) ss:
On this / 6, day of , 2006, before me, a Notary Public in and
for the State of Iowa, personally atii eared Jerry Enzler, to me personally known, who
being by me duly sworn did say that he is the Executive Director of Dubuque County
Historical Society, that (the seal affixed- hereto is the seal of said)(no seal has been
procured by the said) Society and that said instrument was signed (and sealed) on
behalf of said Society by authority of its Board of Directors and he acknowledged the
execution of said instrument to be the voluntary act and deed of said Society, by it
voluntarily executed.
otary Public in and for State of
F:\USERS\tsteckle\Lindahl\Agreements\HamHouseMemorandumLeaseAgree_051706bal.doc
Last saved by Tracey Stecklein; 5/17/2006 9:37 AM
JEANNE F. yr' ?. s7EEi?E27ii
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CI'T'Y OF"D,UB000E;,IOWA,:q.
OFFICIAL NOTICE ;;';;
NOTICE iS hereby,;given
that the City Council of Du'
buque;Iowa, will;conduct,a
publib hearing atsa' meeting .
to commence. at 6:30 p.m,,
onsther;i5th day'!,of;May,,,
2006, pi the Public' Library,
Auditorium, :360;West 1;lth'
Street, to?consider' a lease
ag'reem'ent between the City'
of Dubuque and the DOW-.
que, .County., HistoricalrSo-
ciety,' forr ,use of;, the Ham
House; for a 25' year term;
expiring,'May.; 31, :'2031.
(Copy of sLlpportiflg docu-
ments are on, file in the
Cify, ' Clerk',s ;;,;Office,'!;and''i
may be "uiewexl 'daring
working hours )
Written comments, regard-
ing said lease':':greernent
may, be- Submitted "to the
City 'Clerk's Office on :,or
; before the" time of public
hearing
At said tithe and place of
public heating all interest';
ed citizens and parties Will
be given an opportunity to
beheard for ;or: against
said lease' agreement.
'Any visual;or,hearing
paired "persons; ,needing
special. assistence..or per
sons With,special 'a'coes'si-'
bility needs' should:'cdntact
the City 'Clerk's Office • at
(563) 589-4120 or TOD`,
'1563) 690-6678 at least 48
,hours prior to the meeting.
Published by',order, of the ,
City.,; Council'..given on the,',
1'st'day'of May; 2006.
Jeanne F. Schneider; CMC,
it.5/5 'City Clerk!'
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Kathy Hefel-Goetzinger, a Billing Clerk for Woodward Communications, Inc.,
an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general
circulation published in the City of Dubuque, County of Dubuque and State of
Iowa; hereby certify that the attached notice was published in said newspaper on
the following dates: May 5, 2006, and for which the charge is $12.74.
Subscribed to before a Notary Public in and for D ��ue County, Iowa,
this day day of7%2/9�., 20
Nary Public in and for Dubuque County, Iowa.
MARY K. WESTERMEYER
r Commission Number 154885
- My Comm. EzD. FEB. 1, 2008