Federal Building Lease with Iowa State University Copyright 2014
City of Dubuque Items to be set for Public Hearing # 2.
ITEM TITLE: Federal Building Lease with Iowa State University
SUMMARY: City Manager recommending that a public hearing be set for August 3,
2015, on Lease Agreement between the City of Dubuque and the Iowa
State University in the Historic Federal Building.
RESOLUTION of Intent to dispose of an interest in real property owned by
the City of Dubuque, Iowa, by lease between the City and Iowa State
University of Science and Technology
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public
Hearing for 8/3/15
ATTACHMENTS:
Description Type
❑ Iowa State University Lease in Federal Building-MVM Memo City Manager Memo
❑ Staff Memo Staff Memo
❑ Lease Draft Supporting Documentation
❑ Resolution of Intent to Dispose Resolutions
THE CITY OF Dubuque
UBE I
erica .i
Masterpiece on the Mississippi 2007-2012-2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Iowa State University Lease in Federal Building
DATE: July 16, 2015
Economic Development Director Maurice Jones recommends the City Council set a
public hearing for August 3, 2015, on a Lease Agreement between the City of Dubuque
and the Iowa State University in the Federal Building. This is a three year lease with
two one-year extensions possible.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Micliael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Maurice Jones, Economic Development Director
Dubuque Economic Development Department
THE CITY OF 50 West 13th Street
All-AmericaCitY Dubuque,Iowa 52001-4864
DUB36kE1 ' Office(563)589-4393
TTY(563)690-6678
® http://www.cityofdubuque.org
Masterpiece on the Mississippi 200.2012.2013
TO: Michael Van Milligen, City Manager
FROM: Maurice Jones, Economic Development Director
SUBJECT: Iowa State University Lease in Federal Building
DATE: July 14, 2015
INTRODUCTION
This memorandum presents for City Council review and approval a Lease Agreement
between the City of Dubuque, Iowa and Iowa State University (ISU) in the Federal
Building.
Short term leases (three years or less) can be authorized by the City Manager;
however, Iowa law requires that the City hold a public hearing prior to leasing public
property for longer than 3 years. Since ISU has requested a lease for 3 years, with two
(2) one-year extensions possible, the City Council will need to hold a public hearing
prior to acting on this lease.
BACKGROUND
ISU has leased space in the Roshek Building since 2012 for its offices. Their current
lease terminates October 1, 2015, but they have agreed to quit the premises before the
end of the term, in order to accommodate construction for an incoming tenant on that
same floor. Our department has worked with Dubuque Initiatives and Gronen
Properties (as Property Management for the Roshek Building) to find suitable space for
ISU in the downtown area. Relocating ISU's offices will allow for the addition of jobs in
our downtown, by freeing up space in the Roshek Building for another business's
relocation/expansion.
DISCUSSION
The proposed lease extends from September 15, 2015 to September 14, 2018, with two
(2) possible one-year extensions. The proposed lease rate will increase by 3% each
year.
The major terms of the proposed lease are as follows:
1 . Tenant will lease 835 square feet on the 2nd Floor of the Federal Building, located at
350 West 6th Street, Room 234.
2. Tenant is responsible for property taxes and interior cleaning of the space.
3. City is responsible for utilities.
Further details of the proposed lease are included in the attached lease agreement.
RECOMMENDATION/ ACTION STEP
I recommend that the City Council set August 3, 2015 as the date for a public hearing
on the proposed lease with ISU for space in the Historic Federal building.
RESOLUTION NO. 253-15
INTENT TO DISPOSE OF AN INTEREST IN REAL PROPERTY OWNED BY THE
CITY OF DUBUQUE, IOWA BY LEASE BETWEEN THE CITY AND IOWA STATE
UNIVERSITY OF SCIENCE AND TECHNOLOGY
WHEREAS, the City of Dubuque, Iowa (City) owns the real property described as the
Historic Federal Building, located at 350 West 6th Street in the City of Dubuque, Iowa;
and
WHEREAS, City and Iowa State University of Science and Technology have negotiated
a proposed Lease Agreement for space in the Historic Federal Building, a copy of which
Lease Agreement is on file at the office of the City Clerk, City Hall, 13th and Central
Avenue, Dubuque, Iowa; and
WHEREAS, the City Council believes it is in the best interests of the City of Dubuque to
approve the proposed Lease Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City of Dubuque intends to dispose of its interest in the foregoing -
described real property by Lease Agreement between City and Iowa State University of
Science and Technology.
Section 2. The City Clerk is hereby authorized and directed to cause this Resolution
and a notice to be published as prescribed by Iowa Code Section 364.7 of a public hearing
on the City's intent to dispose of the foregoing -described real property, to be held on the
3rd day of August, 2015, at 6:30 o'clock p.m. at the Historic Federal Building, Council
Chambers, 350 W. 6th Street, Dubuque, Iowa.
Passed, approved and adopted this 20th day of July, 2015.
Roy D. ol, Mayor
Attest:
LEASE AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
IOWA STATE UNIVERSITY
This Lease Agreement (the Lease) dated for reference purposes the day of
2015 by the City of Dubuque, Iowa (Landlord) whose address for the
purpose of this Lease is 50 West 13th Street, Dubuque IA 52001 , and Iowa State
University of Science and Technology (Tenant) whose address for the purpose of this
Lease is 1350 Beardshear Hall, Ames, Iowa 50011 .
SECTION 1. PREMISES AND TERM.
1 .1 Landlord, in consideration of the rents, agreements and conditions herein
contained, leases to Tenant and Tenant leases from Landlord, according to the terms of
this Lease, the following described premises (the Leased Premises) situated in
Dubuque County, Iowa:
835 sq. feet, second floor Federal Building, Room(s) 234
with the improvements thereon, and all rights, easements and appurtenances, which,
more particularly, includes the space and premises as may be shown on attached
Exhibit A, for a term of three (3) years (the Initial Term), commencing September 15,
2015 (the Commencement Date), and ending at 11 :59 p.m. on September 14, 2018,
upon the condition that Tenant pays rent therefor, and otherwise performs as in this
Lease provided.
1 .2 Tenant has the option of renewing this Lease for two (2) one-year terms (the
Renewal Terms) provided Tenant delivers notice of the exercise of such options not
less than 60 days prior to the end of the then current term.
1 .3 During the Term, Tenant is also permitted to use the conference room which is
available to all tenants. Tenant shall also have the right to use, in common with others,
(a) the entrances, lobbies, stairs, elevators and corridors necessary for access to the
Leased Premises, (b) the lavatories in the building; (c) the driveways and walkways
necessary for access to the building, and (d) such other common areas and facilities as
Landlord may designate from time to time ((a) through (d), collectively, the "Common
Areas").
SECTION 2. RENTAL. Tenant agrees to pay to Landlord as rental for the Initial Term
as follows:
2.1 Lessee will pay to Lessor as monthly rent for the Leased Premises the sum of
Eight Hundred Thirty Five and No/100 dollars ($835.00) (the Base Rent) commencing
071415bal
on September 15, 2015 and on the 15th day of each month thereafter during the Term of
this Lease. All sums must be paid to the Finance Department at the address of
Landlord, as above designated, or at such other place in Iowa, or elsewhere, as
Landlord may, from time to time, designate in writing. Delinquent payments will draw
interest at the lower of 9% per annum from the due date or the maximum rate permitted
law, until paid.
2.2 Beginning September 15, 2016, the Base Rent will be increased annually by
three percent (3%) of the previous year's Base Rent, and paid to Lessor on the 15th day
of each month thereafter.
SECTION 3. POSSESSION. Tenant will be entitled to possession on the first day of
the Term of this Lease, and must yield possession to Landlord at the end of the Lease
Term, except as herein otherwise expressly provided. Should Landlord be unable to
give possession on said date, Tenant shall be entitled to a rebate of the pro rata rental
and reimbursement of expenses incurred by Tenant in locating and using alternative
premises during the period of unavailability. If such unavailability continues for a period
of thirty days or more, Tenant may terminate this Lease upon written notice to Landlord
without further obligations to Landlord.
SECTION 4. USE OF PREMISES. Tenant covenants and agrees during the Term of
this Lease to use and to occupy the Leased Premises only for business use.
SECTION 6. QUIET ENJOYMENT. Landlord covenants that its estate in said Leased
Premises is in fee simple and that Tenant, if not in default, will peaceably have, hold
and enjoy the Leased Premises for the Term of this Lease. Landlord has the right to
mortgage all of its right, title, and interest in said Lease Premises at any time without
notice, subject to this Lease.
SECTION 6. EQUIPMENT, DECORATING, REPLACEMENT, REPAIR AND
MAINTENANCE.
6.1 Definitions.
(1) "Maintain" means to clean and keep in good condition.
(2) "Repair" means to fix and restore to good condition after damage,
deterioration or partial destruction.
6.2 Condition of Premises. Tenant takes the Leased Premises in its present
condition, except for such repairs and alterations as may be expressly otherwise
provided in this Lease, or as outlined in Exhibits B and C.
6.3 Repairs and Maintenance.
(1) Landlord must replace and repair the structural parts of the building. For
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purposes of this Lease, the structural parts of the building are (a) the foundation,
exterior walls, load bearing components of interior floors and walls, and the roof;
(b) the mechanical, plumbing, electrical, HVAC and other building systems; and
windows, plate glass and electrical fixtures outside of the structure.
(2) Landlord is responsible for maintenance of all common area under
Landlord's control. Tenant is responsible for all maintenance within the Leased
Premises.
(3) Each party must perform its responsibilities of repair and maintenance to
the end that the Leased Premises will be kept in a safe and serviceable
condition. Neither party will permit nor allow the Leased Premises to be
damaged or depreciated in value by any act, omission to act, or negligence of
itself, its agents or employees.
6.4 Equipment, Decorating and Alterations.
(1) The following items of equipment, furnishings and fixtures will be supplied
and replaced by the parties as follows:
Blinds: Landlord
Carpet: Tenant
(2) The foregoing equipment, furnishings or fixtures to be supplied by Tenant
are subject to Landlord's prior written approval as to quality and method of
installation. Such approval shall not be unreasonably withheld. Tenant will
provide all trade equipment, furnishings and fixtures used in connection with the
operation of its business, such as telephones, computers, desks, chairs, shelving
and similar items.
(3) Tenant is be responsible for all interior decorating. Tenant may not make
any structural alterations or improvements without the prior written consent of
Landlord.
6.5 Americans With Disabilities Act. Tenant will make no unlawful use of the Leased
Premises and agrees to comply with all valid regulations of the Board of Health, City
Ordinances or applicable municipality, the laws of the State of Iowa and the Federal
government, but this provision is not to be construed as creating any duty by Tenant to
members of the general public, provided, however, responsibility for compliance with
the Americans with Disabilities Act will be performed and paid for by the parties as
follows:
Common areas Landlord: 100%
Tenants' area
Initial compliance (specify) Landlord: 100%
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Future compliance Landlord: 100%
SECTION 7. UTILITIES, SERVICES, PROPERTY TAXES. Utilities and services will
be furnished and paid for by the parties as follows:
PROVIDED BY: PAID BY:
% Landlord % Tenant
Electricity Landlord 100 0
Gas Landlord 100 0
Water and Sewer Landlord 100 0
Garbage/Trash Landlord 100 0
Property Taxes Tenant 0 100
Janitor/Cleaning Tenant 0 100
Common areas Landlord 100 0
Other: Tenant 0 100
Tenant agrees to reimburse Landlord for the property taxes attributable to the Leased
Premises and paid by Landlord within thirty (30) days after receipt of a statement from
Landlord for such property taxes.
SECTION 8. TERMINATION, SURRENDER OF PREMISES AT END OF TERM --
REMOVAL OF FIXTURES.
8.1 Termination. This Lease will terminate upon expiration of the original Term; or if
this Lease expressly provides for any option to renew, and if any such option is
exercised by Tenant, then this Lease will terminate at the expiration of the option term
or terms.
8.2 Surrender. Tenant agrees that upon termination of this Lease it will surrender
and deliver the Leased Premises in good and clean condition, except the effects of
ordinary wear and tear and depreciation arising from lapse of time, or damage without
fault or liability of Tenant.
8.3 Holding Over. Continued possession by Tenant, beyond the expiration of its
tenancy, coupled with the receipt of the specified rental by Landlord (and absent a
written agreement by both parties for an extension of this Lease, or for a new lease) will
constitute a month to month extension of this Lease.
8.4 Removal of Fixtures. Tenant may, at the expiration of its tenancy, if Tenant is not
in default, remove any fixtures or equipment which Tenant has installed in the Leased
Premises, providing Tenant repairs any and all damages caused by removal.
SECTION 9. ASSIGNMENT AND SUBLETTING. Any assignment of this Lease or
subletting of the Leased Premises or any part thereof, without Landlord's written
permission will, at the option of Landlord, make the rental for the balance of the Lease
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Term due and payable at once. Such written permission may not be unreasonably
withheld.
SECTION 10. INSURANCE.
10.1 Property Insurance. Landlord and Tenant agree to insure their respective real
and personal property for the full insurable value. Such insurance must cover losses
included in the Insurance Services Official Broad Form Causes of Loss (formerly fire
and extended coverage).
10.2 Self-Insured. Tenant is an agency of the State of Iowa and does not purchase
commercial insurance. In general, Tenant does not purchase commercial liability
insurance because certain statutory protections are provided under Chapter 669 of the
Code of Iowa. Chapter 669 authorizes claims against the State of Iowa on account of
wrongful death, personal injury or property damage incurred by reason of the
negligence of Tenant or its employees. Chapter 669 also sets forth the procedures by
which such claims may be brought. This protection is applicable to all officers,
employees and agents for their negligence while acting within the scope and course of
their activities, in accordance with the statutes. Under Iowa law, coverage is continuous
and does not expire. Worker's compensation coverage for Tenant employees is
provided through provisions of Chapter 85 of the Code of Iowa, Section 85.57 and
85.58, Employees of the State.
10.3 Acts By Tenant. Tenant will not do or omit doing of any act which would
invalidate any insurance, or increase the insurance rates in force on the Leased
Premises.
10.4 Recommendations - Iowa Insurance Services Office. Tenant further agrees to
comply with recommendations of Iowa Insurance Services Office and to be liable for
and to promptly pay, as if current rental, any increase in insurance rates on said
premises and on the building of which said Leased Premises are a part, due to
increased risks or hazards resulting from Tenant's use of the Leased Premises
otherwise than as herein contemplated and agreed.
10.5 Copy of Lease to Insurer. Landlord must provide a copy of this Lease to its
insurer.
SECTION 11. LIABILITY FOR DAMAGE. Each party agrees it is liable to the other
for all damage to the property of the other negligently, recklessly or intentionally caused
by that party, or their agents or employees.
SECTION 12. INDEMNITY. To the extent permitted by Iowa Code Chapter 669 and
other applicable laws, Tenant agrees to indemnify and hold harmless Landlord, its
officers and employees, from and against any and all claims of any kind arising out of or
related to Tenant's negligent or wrongful acts or omissions in connection with its
performance of its obligations in this Lease.
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SECTION 13. FIRE AND CASUALTY.
13.1 Partial Destruction of Premises. In the event of a partial destruction or damage
of the Leased Premises, which is a business interference which prevents the conducting
of a normal business operation and which damage is repairable within 60 days after its
occurrences, this Lease will not terminate but the rent for the Leased Premises will be
abated during the time of such business interference. In the event of a partial
destruction, Landlord will repair such damages within 60 days of its occurrence unless
prevented from doing so by acts of God, government regulations, or other causes
beyond Landlord's reasonable control.
13.2 Zoning. Should the zoning ordinance of the municipality in which this property is
located make it impossible for Landlord to repair or rebuild so that Tenant is not able to
conduct its business on the Leased Premises, then such partial destruction will be
treated as a total destruction as provided in the next paragraph.
13.3 Total Destruction of Business Use. In the event of a destruction or damage of
the Leased Premises including the parking area (if parking area is a part of this Lease)
so that Tenant is not able to conduct its business on the Leased Premises or the then
current legal use for which the Leased Premises are being used and which damages
cannot be repaired within 60 days, this Lease may be terminated at the option of either
Landlord or Tenant. Such termination in such event will be effected by written notice of
one party to the other, within 20 days after such destruction. Tenant must surrender
possession within 10 days after such notice issues and each party will be released from
all future obligations, and Tenant must pay rent pro rata only to the date of such
destruction. In the event of such termination of this Lease, Landlord at its option, may
rebuild or not, at its discretion.
SECTION 14. CONDEMNATION.
14.1 Disposition of Awards. Should the whole or any part of the Leased Premises be
condemned or taken for any public or quasi-public purpose, each party is entitled to
retain, as its own property, any award payable to it. Or in the event that a single entire
award is made on account of the condemnation, each party will then be entitled to take
such proportion of said award as may be fair and reasonable.
14.2 Date of Lease Termination. If the whole of the Leased Premises is condemned
or taken, the Lease shall be deemed terminated, each party will be released from all
future obligations and Tenant must pay rent pro rata only to the date of such
termination.
SECTION 15. DEFAULT, NOTICE OF DEFAULT AND REMEDIES.
15.1 Events of Default. Each of the following constitutes an event of default:
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(1) Failure of Tenant to pay rent when due.
(2) Failure of a party to observe or perform any duties, obligations,
agreements or conditions imposed pursuant to terms of the Lease.
(3) Abandonment of the Leased Premises, in which "Abandonment" means
Tenant has failed to engage in its usual and customary business activities on the
Leased Premises for more than fifteen (15) consecutive business days.
(4) Institution of voluntary bankruptcy proceedings in which the Court orders
relief against a party as a debtor; assignment for the benefit of creditors of the
interest of a party under this Lease; appointment of a receiver for the property or
affairs of a party, where the receivership is not vacated within ten (10) days after
the appointment of the receiver.
15.2 Notice of Default. The aggrieved party must give the defaulting party a written
notice specifying the default and giving the defaulting party ten (10) days in which to
correct the default. If there is a default (other than for nonpayment of a monetary
obligation of Tenant, including rent) that cannot be remedied in ten (10) days by diligent
efforts, the defaulting party must propose an additional period of time in which to
remedy the default. Consent to additional time may not be unreasonably withheld by
the aggrieved party. The aggrieved party is not required to give the defaulting party any
more than three notices for the same default within any 365 day period.
15.3 Remedies. In the event the defaulting party has not remedied a default in a
timely manner following a Notice of Default, the aggrieved party may proceed with all
available remedies at law or in equity, including but not limited to the following:
(1) Termination. The aggrieved party may declare this Lease to be
terminated and must give the defaulting party a written notice of such
termination. In the event of termination of this Lease due to Tenant's default,
Landlord is entitled to prove claim for and obtain judgment against Tenant for the
balance of the rent agreed to be paid for the Term herein provided, plus all
expenses of Landlord in regaining possession of the Leased Premises and the
reletting thereof, crediting against such claim, however, any amount obtained by
reason of such reletting.
(2) Forfeiture. If a default by Tenant is not remedied in a timely manner,
Landlord may then declare this Lease to be forfeited and must give Tenant a
written notice of such forfeiture, and may, at the time, give Tenant the notice to
quit provided for in Chapter 648 of the Iowa Code if a court determines that
Chapter 648 is applicable to Tenant as a state agency.
SECTION 16. RIGHT OF EITHER PARTY TO MAKE GOOD ANY DEFAULT OF
THE OTHER. If default is made by either party in the performance of, or compliance
with, any of the terms or conditions of this Lease, and such default continues for thirty
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(30) days after written notice thereof from one party to the other, the person aggrieved,
in addition to all other remedies now or hereafter provided by law, may, but need not,
perform such term or condition, or make good such default and any amount advanced
will be repaid forthwith on demand, together with interest at the rate of 9% per annum,
from date of advance or the maximum rate permitted law, whichever is less.
SECTION 17. SIGNS. Tenant may not attach, paint or exhibit any signs on the Leased
Premises.
SECTION 18. MECHANIC'S LIENS. Neither Tenant nor anyone claiming by, through,
or under Tenant, may file or place any mechanic's liens or other lien of any kind or
character whatsoever, upon said Leased Premises or upon any building or improvement
thereon, or upon the leasehold interest of Tenant, and notice is hereby given that no
contractor, sub-contractor, or anyone else who may furnish any material, service or
labor for any building, improvements, alteration, repairs or any part thereof, may at any
time be or become entitled to any lien on the Leased Premises, and for the further
security of Landlord, Tenant covenants and agrees to give actual notice thereof in
advance, to any and all contractors and sub-contractors who may furnish or agree to
furnish any such material, service or labor.
SECTION 19. [Intentionally Omitted].
SECTION 20. ENVIRONMENTAL.
20.1 Landlord. To the best of Landlord's knowledge to date:
(1) Neither Landlord nor Landlord's former or present tenants are subject to
any investigation concerning the Leased Premises by any governmental authority
under any applicable federal, state, or local codes, rules and regulations
pertaining to air and water quality, the handling, transportation, storage,
treatment, usage, or disposal of toxic or hazardous substances, air emissions,
other environmental matters, and all zoning and other land use matters.
(2) Any handling, transportation, storage, treatment, or use of toxic or
hazardous substances that has occurred on the Leased Premises has been in
compliance with all applicable federal, state and local codes, rules and
regulations.
(3) No leak, spill release, discharge, emission or disposal of toxic or
hazardous substances has occurred on the Leased Premises.
(4) The soil, groundwater, and soil vapor on or under the Leased Premises is
free of toxic or hazardous substances.
(5) Landlord assumes liability and will indemnify and hold Tenant harmless
against all liability or expense arising from any condition which existed, whether
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known or unknown, at the time of execution of the Lease which condition is not a
result of actions of Tenant or which condition arises after date of execution but
which is not a result of actions of Tenant.
20.2 Tenant. Tenant expressly represents and agrees:
(1) During the Lease Term, Tenant's use of the Leased Premises will not
include the use of any hazardous substance without Tenant first obtaining the
written consent of Landlord. Tenant understands and agrees that Landlord's
consent is at Landlord's sole option and complete discretion and that such
consent may be withheld or may be granted with any conditions or requirements
that Landlord deems appropriate.
(2) During the Lease Term, Tenant will be fully liable for all costs and
expenses related to the use, storage, removal and disposal of hazardous
substances used or kept on the Leased Premises by Tenant, and Tenant must
give immediate notice to Landlord of any violation or any potential violation of any
environmental regulation, rule, statute or ordinance relating to the use, storage or
disposal of any hazardous substance.
(3) Tenant, at its sole cost and expense, agrees to remediate, correct or
remove from the Leased Premises any contamination of the property caused by
any hazardous substances which have been used or permitted by Tenant on the
Leased Premises during any term of this Lease. Remediation, correction or
removal must be in a safe and reasonable manner, and in conformance with all
applicable laws, rules and regulations. Tenant reserves all rights allowed by law
to seek indemnity or contribution from any person, other than Landlord, who is or
may be liable for any such cost and expense.
(4) To the extent permitted by Chapter 669 of the Iowa Code and other
applicable law, Tenant agrees to indemnify and hold Landlord harmless from and
against all claims, causes of action, damages, loss, costs, expense, penalties,
fines, lawsuits, liabilities, attorney fees, engineering and consulting fees, arising
out of or in any manner connected with hazardous substances, which are caused
or created by Tenant on or after the date of this Lease and during any term of
this Lease, including, but not limited to, injury or death to persons or damage to
property, and including any diminution of the value of any Leased Premises
which may result from the foregoing. This indemnity will survive the cessation,
termination, abandonment or expiration of this Lease.
SECTION 21. SUBSTITUTION OF EQUIPMENT, MERCHANDISE. ETC.
21 .1 Tenant's Property. During its tenancy, Tenant has the right to sell or otherwise
dispose of any personal property of Tenant situated on the Leased Premises, when in
the judgment of Tenant it has become obsolete, outworn or unnecessary in connection
with the operation of the business on the Leased Premises.
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21 .2 Inventory. Nothing herein contained will be construed as denying to Tenant the
right to dispose of inventoried merchandise in the ordinary course of Tenant's trade or
business.
SECTION 22. RIGHTS CUMULATIVE. The various rights, powers, options, elections
and remedies of either party, provided in this Lease, will be construed as cumulative
and no one of them as exclusive of the others, or exclusive of any rights, remedies or
priorities allowed either party by law, and may in no way affect or impair the right of
either party to pursue any other equitable or legal remedy to which either party may be
entitled as long as any default remains in any way unremedied, unsatisfied or
undischarged.
SECTION 23. NOTICES AND DEMANDS.
All notices, demands, or other writings in this Lease provided to be given or made or
sent, or that may be given or made or sent, by either party to the other, will be deemed
to have been fully given or made or sent when made in writing and deemed to have
been fully given or made or sent when made in writing and deposited in the United
States mail, registered, and postage prepaid, and addressed as follows:
TO LANDLORD: City of Dubuque, Iowa
c/o City Manager
City Hall
50 West 13th Street
Dubuque, Iowa 52001
TO TENANT: Iowa State University
c/o Senior Vice President for Business and Finance
1350 Beardshear
Ames, Iowa 50011
SECTION 24. CONSTRUCTION. Words and phrases herein, including
acknowledgment hereof, will be construed as in the singular or plural number, and as
masculine, feminine, or neuter gender according to the context.
SECTION 26. COMPLIANCE WITH LAW. During the term of this Lease, Tenant
must comply with all laws applicable to Tenant's use of the Leased Premises.
SECTION 26. MISCELLANEOUS.
26.1 Governing Law. It is agreed that this Lease will be governed by, construed, and
enforced in accordance with the laws of the State of Iowa.
26.2 Paragraph Headings. The titles to the paragraphs of this Lease are solely for the
convenience of the parties and will not be used to explain, modify, simplify, or aid in the
interpretation of the provisions of this Lease.
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26.3 Modification of Agreement. Any modification of this Lease or additional
obligation assumed by either party in connection with this Lease will be binding only if
evidenced in writing signed by each party or an authorized representative of each party.
26.4 Parties Bound. This Lease binds and inures to the benefit of and applies to the
respective successors and assigns of Landlord and Tenant. All references in this Lease
to "Landlord" or "Tenant' will be deemed to refer to and include successors and assigns
of Landlord or Tenant without specific mention of such successors or assigns.
SECTION 27. FORCE MAJEURE. In the event that either party hereto will be
delayed or hindered in or prevented from the performance of any act required
hereunder by reason of strikes, lockouts, labor troubles, unavailability of construction
materials, unavailability or excessive price of fuel, power failure, riots, insurrection, war,
terrorist activities, explosions, hazardous conditions, fire, flood, 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
(collectively Force Majeure), then performance of such act will be excused for the period
of the delay and the period for the performance of any such act will be extended for a
period equivalent to the period of such delay.
CITY OF DUBUQUE, IOWA STATE UNIVERSITY,
LANDLORD TENANT
By: By:
Michael C. Van Milligen Warren R. Madden
City Manager Senior Vice President for
Business and Finance
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EXHIBITA
THE LEASED PREMISES
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EXHIBIT B
GRONEN PROPOSAL -APRIL 29, 2015
J.
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EXHIBIT C
FITPLAN
14
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