HomeMy WebLinkAbout2008-07-21-Resolutions 08-181_445 Maple St - Lease Agr - Boniface PropertiesTHE CITY OF WAUKEE,IOWA
RESOLUTION 08-181
APPROVING THE LEASE AGREEMENT FOR THE PROPERTY AT 445 MAPLE
STREET,FORMERLY KNOWN AS ST.BONIFACE CHURCH HALL
INTHENAMEANDBYTHEAUTHORJTYOFTHECITYOFWAUKEE,IOWA
WHEREAS,the City of Waukee,Dallas County,State ofIowa,is a duly organized Municipal
Organization;AND,
WHEREAS,the City desires to enter into a Lease Agreement with Boniface Properties LLC,
owner of 445 Maple Street (formerly known as St.Boniface Church Hall);AND,
WHEREAS,said Lease Agreement,which is attached herein as Exhibit A,has been drafted by
the City Attorney and approved by Boniface Properties LLC;
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee,Iowa on
this 21 st day of July 2008 that the Lease Agreement is approved.
Attest:
.Kooistra,City Administrator/Clerk
ROLL CALL VOTE
Donald L.Bailey,Jr.
Casey L.Harvey
C.Isaiah McGee
Darlene Stanton
Mike Watts
AYE
X
NAY ABSENT ABSTAIN
X
X
X
X
LEASE -BUSINESS PROPERTY
THIS LEASE AGREEMENT,executed in duplicate,made and entered into this 21st
day of July,2008,by and between Boniface Properties LLC (hereinafter called the "Landlord")
whose address for the purpose of this lease is 1000 N.Warrior Lane,Waukee,Iowa 50263,and
the City of Waukee,Iowa (hereinafter called the "Tenant")whose address for the purpose ofthis
lease is 230 W.Hickman Road,Waukee,Iowa 50263,
WITNESSETH THAT:
1.PREMISES AND TERM.(a)The Landlord,in consideration of the rents
herein reserved and of the agreements and conditions herein contained,on the part of the Tenant
to be kept and performed,leases unto the Tenant and Tenant hereby rents and leases from
Landlord,according to the terms and provisions herein,the following described real estate,
situated in Dallas County,Iowa,to wit:
Lots 3,4 &5 Block 2 Original Town of Waukee,except the class rooms on the east side
of the building situated on the property.
with the improvements thereon and all rights,easements and appurtenances thereto belonging,
which,more particularly,includes the space and premises as may be shown on "Exhibit A,"if
and as may be attached hereto,for a term of one year,commencing at midnight of the day
previous to the first day of the lease term,which shall be on the 15th day of August,2008,and
ending at midnight the last day ofthe lease term,which shall be on the 30th day of August,2009,
unless otherwise terminated in the manner specified in this lease,upon the condition that the
Tenant pays rent therefore,and otherwise performs as in this lease provided.
(b)This lease may be renewed annually,at the option of the City,upon the same terms
set forth herein,for up to 4 renewals,upon Tenant giving Landlord written notice of its intent to
renew 120 days prior to the expiration of the existing term.
2.RENTAL.Tenant agrees to pay to Landlord as rental for said term,as follows:
$1,500.00 per month,in advance,the first rent payment becoming due upon the 1st day of
August,2008,and the same amount,per month,in advance,on the 1st day of each month
thereafter,until the 1st day of August,2009.
All sums shall be paid at the address of Landlord,as above designated,or at such other
place in Iowa,or elsewhere,as the Landlord may,from time to time,previously designate in
writing.Delinquent payments shall draw interest at 5%per annum from the due date,until paid.
3.POSSESSION.Tenant shall be entitled to possession on the first day of the term
of this lease,and shall yield possession to the Landlord at the time and date of the close of this
lease term,except as herein otherwise expressly provided.Should Landlord be unable to give
possession on said date,Tenant's only damages shall be a rebating of the pro rata rental.
4.QUIET ENJOYMENT.Landlord covenants that its estate in said premises is
fee simple and that the Tenant on paying the rent herein reserved and performing all the
agreements by the Tenant to be performed as provided in this lease,shall and may peaceably
have,hold and enjoy the demised premises for the term of this lease free from molestation,
eviction or disturbance by the Landlord or any other persons or legal entity whatsoever.(But see
paragraph 5,below.)Landlord shall have the right to mortgage all of its right,title,interest in
said premises at any time without notice,subject to this lease.
5.CARE AND MAINTENANCE OF PREMISES.(a)Tenant takes said
premises in their present condition except for such repairs and alterations as may be expressly
hereiu provided,
(b)LANDLORD'S DUTY OF CARE AND MAINTENANCE.Landlord will keep
the electrical system,roof,walls and other structural parts of the building in good repair.
(c)TENANT'S DUTY OF CARE AND MAINTENANCE.Tenant shall,after
taking possession of said premises and until the termination of this lease and actual removal from
the premises,at its own expense,care for and maintaiu said premises iu a reasonably safe and
serviceable condition,except for the electrical system,roof,walls and other structural parts of
the building.Tenant will furnish its own interior and exterior decorating.Tenant will not permit
or allow said premises to be damaged or depreciated iu value by any act or negligence of the
Tenant,its agents or employees.The Tenant agrees to maintain adequate heat to prevent freezing
of pipes,if and only if the other terms of this lease fix responsibility for heating upon the Tenant.
Tenant at its own expense may install floor covering and will maintain such floor covering iu
good condition.Tenant will be responsible for the plate glass in the wiudows of he leased
premises and for maintaining the parking area,driveways and sidewalks on and abutting the
leased premises,if the leased premises include the ground floor,and if the other terns of this
lease iuclude premises so described.Tenant shall make no structural alterations or improvements
without the written approval of the Landlord first had and obtained,of the plans and
specifications therefore.
(d)Tenant will make no unlawful use of said premises and agrees to comply with all
valid regulations of (he Board of Healih,City Ordinances or applicable municipality,the laws of
the State of Iowa and the Federal government,but this provision shall not be construed as
creating any duty by Tenant to members of the general public.If Tenant,by the terms of this
lease is leasing premises on the ground floor,it will not allow trash of any kind to accumulate on
said premises in the halls,if any,or the alley or yard in front,side or rear thereof,and it will
remove same from the premises at its own expense.Tenant also agrees to remove snow and ice
and other obstacles from the sidewalk on or abutting the premises,if premises include the ground
floor,and if this lease may be fairly construed to impose such liability on the Tenant.
6.(a)UTILITIES AND SERVICES.Tenant,during the term of this lease,shall
pay,before delinquency,all charges for use of telephone,water,sewer,gas,electricity,power,
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garbage disposal,trash disposal and not limited by the foregoing all other utilities and services of
whatever kind and nature which may be used in or upon the demised premises.
(b)AIR CONDITIONING equipment shall be furnished at the expense of Landlord.
Tenant shall be responsible for regular maintenance of the air conditioning system including
filter changes and normal maintenance.Landlord shall be responsible for repairs/replacement of
the air conditioning system beyond normal maintenance,should any become necessary.
(c)JANITOR SERVICE shall be furnished at the expense of Ten ant.
(d)HEATINGIFURNACE equipment shall be furnished at the expense of Landlord.
Tenant shall be responsible for regular maintenance of the heating/furnace system including filter
changes and normal maintenance.Landlord shall be responsible for repairs/replacement of the
heating/furnace system beyond normal maintenance,should any become necessary.
7.(a)SURRENDER OF PREMISES AT END OF TERM --REMOVAL OF
FIXTURES.Tenant agrees that npon the termination of this lease it will surrender,yield up 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.
[See also 10(a)and lO(e)below.]
(b)Tenant may,at the expiration of the tern of this lease,or renewal or renewals
thereof or at a reasonable time thereafter,if Tenant is not in default hereunder,remove any
fixtures or equipment which said Tenant has installed in the leased premises,providing said
Tenant repairs any and all damages caused by removal.
(c)HOLDING OVER.Continued possession,beyond the expiratory date of the term
of this lease,by the Tenant,coupled with the receipt of the specified rental by the Landlord (and
absent a written agreement by both patties for an extension of this lease,or for a new lease)shall
constitute a month to month extension of this lease.
8.(a)THREE QUARTERS (3/4)OF ALL REAL ESTATE TAXES,except as
may be otherwise expressly provided in this paragraph 9,levied or assessed by lawful authority
(but reasonably preserving Landlord's lights of appeal)against said real property shall be timely
paid by the Tenant.Landlord shall pay the remaining balance of any such taxes as they come
due.
(b)Increase in such taxes,except as in the next paragraph provided,above the
amount paid dnring the base year of2008,shall be paid by Landlord.
(c)
Landlord.
SPECIAL ASSESSMENTS.Special assessments shall be timely paid by the
9.INSURANCE.(a)Landlord and Tenant will each keep its respective property
interests in the premises and its liability in regard thereto,and the personal property on the
premises,reasonably insured against hazards and casualties:that is,fire and those items usually
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covered by extended coverage;and Tenant will procure and deliver to the Landlord a
certification from its insurance company to that effect.Tenant shall include in its insurance
coverage insuring the building against hazards and casualty in an amount not to exceed
$250,000.00 naming the landlord as an additional insured,with any additional insurance costs
accruing to tenant as a result of its maintaining such insurance being paid by landlord to tenant as
they become due.Such insurance shall be made payable to the parties hereto as their interests
may appear.The Tenant shall not be liable in any way to landlord for destruction,casualty or
damage to the building,except to the extent said destruction,casualty or damage is covered by
insurance required hereunder.
]
(b)Tenant will not do or omit the doing of any act which would vitiate any insurance,
or increase the insurance Tates in force upon the real estate improvements on the premises or
upon any personal property of the Tenant upon which the Landlord by law or by the terms of this
lease,has or shall have a lien.
(c)INSURANCE PROCEEDS.Landlord shall settle and adjust any claim against
any insurance company under said policies of insurance for the premises only,and said insurance
monies for the premises shall be paid to and held by the Landlord to be used in payment for cost
of repairs 01'restoration of damaged building,if the desttuction is only partial.[See also 1O(a),
above.]
10.INDEMNITY AND LIABILITY INSURANCE.Except as to any negligence
of the Landlord,arising out of roof and structural parts and mechanical,electrical and plumbing
of the building,Tenant,to the extent covered by insurance required pursuant to this lease,will
protect,indemnify and save harmless the Landlord from and against any and all loss,costs,
damage and expenses occasioned by,or arising out of,any accident or other occurrence causing
or inflicting injury and/or damage to any person or property,happening or done,in,upon or
about the leased premises,or due directly or indirectly to the tenancy,use or occupancy thereof,
or any part thereof by the Tenant or any person claiming through 01'under the Tenant,The
Tenant further covenants and agrees that it will,at its own expense,procure and maintain
casualty and liability insurance with a responsible company or companies authorized to do
business in the State of Iowa,in amounts not less than $100,000 for anyone person injured,and
$500,000 for any one accident,and with the limits of $250,000 for property damage,protecting
the Landlord against such claim,damages,costs or expenses on account of injury to any person
01'persons,ur to any property belonging to any person or persons,by reason of such casualty,
accident or other happening on or about the demised premises during the term thereof.
Certificates or copies of said policies,naming the Landlord,and providing for fifteen (15)days
notice to the Landlord before cancellation shall be delivered to the Landlord within twenty (20)
days from the date ofthe beginning of the term ofthis lease.Ail to insurance of the Landlord for
roof and structural faults,this lease,this lease may at the option of the Landlord be cancelled and
.forfeited,PROVIDED,HOWEVER,before any such cancellation and forfeiture except as
provided in 12(b)below,Landlord shall give Tenant a written notice specifying the default,or
defaults,and stating that this lease will be cancelled or forfeited ten (10)days after the giving of
such notice,unless such default,or defaults,are remedied within such grace period.(See
paragraph 12,below.)As an additional optional procedure or as an alternative to the foregoing
(and neither exclusive of the other)Landlord may proceed as in paragraph 12,below,provided.
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The tenant shall not be liable to landlord for damages,liability or casualty in connection with the
leased premises to the extent the same are not covered by insurance procured herein.
11.DEFAULT,NOTICE OF DEFAULT AND REMEDIES.
EVENTS OF DEFAULT
A.Each of the following shall constitute an event of default by Tenant:(I)Failure to pay
rent when due;(2)failure to observe or perform any duties,obligations,agreements,or
conditions imposed on Tenant pursuant to the terms of the lease;(3)abandomnent of the
premises."Abandomnent"means the Tenant has failed to engage in its usual and customary
business activities on the premises for more than fifteen (15)consecutive business days;(4)
institution of voluntary bankruptcy proceedings by Tenant;institution of involuntary bankruptcy
proceedings in which the Tenant thereafter is adjudged a bankruptcy;assignment for the benefit
of creditors of the interest of Tenant under this lease agreement;appointment of a receiver for the
property or affairs of Tenant,where the receivership is not vacated within ten (10)days after the
appointment of the receiver.
NOTICE OF DEFAULT
B.Landlord shall give Tenant a written notice specifying the default and giving the Tenant
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 of the Tenant,Tenant shall propose an additional period of time in which to
remedy the default.Consent to additional time shall not be unreasonably withheld by Landlord.
Landlord shall not be required to give Tenant any more than three notices for the same default
within any 365 day period.
REMEDIES
C.In the event Tenant has not remedied a default in a timely manner following a Notice of
Default,Landlord may proceed with all available remedies at law or in equity,including but not
limited to the following:(1)Termination.Landlord may declare this lease to be terminated and
shall give Tenant a written notice of such termination.In the event of termination of this lease,
Landlord shall be 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 premises and the reletting thereof,including attorney's fees and court
costs,crediting against such claim,however,any amount obtained by reason of such reletting;
(2)Forfeiture.If a default is not remedied in a timely manner,Landlord may then declare this
lease to be forfeited and shall 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 Code ofIowa.
12.RIGHT OF EITHER PARTY TO MAKE GOOD ANY DEFAULT OF THE
OTHER If default shall be made by either party in the performance of,or compliance with,any
of the terms,covenants or conditions of this lease,and such default shall have continued for
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thirty (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,covenant or condition,or make good such default and my amount advanced shall be repaid
forthwith on demand,together with interest at the rate of 5%per annum,from date of advance.
13.SIGNS.(a)Tenant shall have the right and privilege of attaching,affixing,
painting or exhibiting signs on the leased premises,provided only (1)that any and all signs shall
comply with the ordinances of the city or municipality in which the property is located and the
laws of the State of Iowa;(2)such signs shall not change the structure of the building;(3)such
signs if and when taken down shall not damage the building;and (4)such signs shall be subject
to the written approval of the Landlord,which approval shall not be unreasonably withheld.
(h)Landlord during the last ninety (90)days of this lease,or extension,shall have the
right to maintain in the windows or on the building or on the premises a "For Rent"andlor "For
Sale"sign and Tenant will permit,at such time,prospective tenants or buyers to enter and
examine the premises.
14.MECHANIC'S LIENS.Neither the Tenant nor anyone claiming by,through,or
under the Tenant,shall have the right to file or place any mechanic's lien or other lien of any kind
or character whatsoever,upon said premises or upon any building or improvement thereon,or
upon the leasehold interest of the Tenant therein,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,shall at any time be or become entitled to
any lien thereon,and fur the further security of the Landlord,the Tenant covenants and agrees to
give actual notice thereof in advance,to any and all contractors and sub-contractors who may
furnish 01'agree to furnish any such materials,service or labor.
15.LANDLORD'S LIEN AND SECURITY INTEREST.(a)Said Landlord shall
have in addition to the lien given by law,a security interest as provided by the Uniform
Commercial Code of Iowa,upon all personal property and all substitutions therefore,kept and
used on said premises by Tenant,Landlord may proceed at law or in equity with any remedy
provided by law or by this lease for the recovery of rent,or for termination of this lease because
of Ten ant's default in its performance.
(b)SPOUSE.If spouse is not a Tenant,then the execution of this instrument by the
spouse shall be for the sole purpose of creating a security interest on personal property and
waiving rights of homestead,rights of distributive share,and exemptions.
16.SUBSTITUTION OF EQUIPMENT,MERCHANDISE,ETC.(a)The Tenant
shall have the right,from time to time,during the term of this lease,or renewal thereof,to sell or
.otherwise dispose of any personal property of the Tenant situated on the said demised premises,
when in the judgment of the Tenant it shall have become obsolete,outworn or unnecessary in
conduction with the operation of the business on said premises;provided,however,that the
Tenant shall,in such instance (unless no substituted article or item is necessary)at its own
expense,substitute for such items of personal properly so sold or otherwise disposed of,a new or
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other item in substitution thereof,in like or greater value and adopted to the affixed operation of
the business upon the demised premises.
(b)Nothing herein contained shall be construed as denying to Tenant the right to
dispose of inventoried merchandise in the ordinary course of the Tenant's trade or business.
17.RIGHTS CUMULATIVE.The various rights,powers,options,elections and
remedies of either party,provided ill this lease,shall be construed as cumulative and no one of
them as exclusive of the others,or exclusive of any rights,remedies or priorities allowed either
patty by law,and shall in no way affect or impair the light of either party to pursue my 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.
18.NOTICES AND DEMANDS.Notices as provided for in this lease shaIl be
given to the respective parties hereto at the respective addresses designated on page one of this
lease unless either party notifies the other,in writing,of a different address.Without prejudice
to any other method of notifying a party in writing or making a demand or other communication,
such message shall be considered given under the terms of this lease when sent,addressed as
above designated,postage prepaid,by registered or certified mail,return receipt requested,by
the United States mail and so deposited in a United States mail box.
19.PROVISIONS TO BIND AND BENEFIT SUCCESSORS,ASSIGNS;ETC.
Each and every covenant and agreement herein contained shall extend to and be binding upon
the respective successors,heirs,administrators,executors and assigns of the parties hereto;
except that if my part of this lease is held in joint tenancy,the successor in interest shall be the
surviving joint tenant.
20.CHANGES TO BE IN WRITING.None of the covenants,provisions,terms or
conditions of this lease to be kept or performed by Landlord or Tenant shaIl be in any manner
modified,waived or abandoned,except by a written instrument duly signed by the parties and
delivered to the Landlord and Tenant.This lease contains the whole agreement of the parties,
21.RELEASE OF DOWER.Spouse of Landlord,appears as a party signatory to
this lease solely for the purpose of releasing dower,or distributive share,unless said spouse is
also a co-owner of an interest in the leased premises.
22.CONSTRUCTION.Words and phrases herein,including acknowledgment
hereof,shall be construed as in the singular or plural number,and as masculine,feminine or
neuter gender according to the context.
23.MISCELLANEOUS
(a)Tenant shall also be responsible for mowing and snow removal for the
lease premises.
(b)During the term of this lease,the Landlord,upon 120 days notice to
tenant,lease back either the west or east classrooms (and accompanying
land)of the premises provided provisions for utility,maintenance
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responsibilities,taxes,insurance and other financial considerations are
addressed,in writing,between the tenant and landlord prior to the
commencement of the lease back under this provision.
IN WITNESS WHEREOF,the parties hereto have duly executed this lease in duplicate
the day and year first above written.
BONIFACE PROPERTIES,LLC
"LANDLORD"
THE CITY OF WAUKEE,IOWA
"TENANT"
ATTEST:
STATE OF IOWA )
)ss,
COUNTYOF Dql!as )
On this ~day of~,2008,before me,the undersigned,a Notary Publ:i:c
in and for the State ofIowa,personally appeared 1(M\IId.6t1{\Io\QI!V\,to me personally
known,who being by me duly sworn,did say that the person is the !MIN"tfit~\"-tltl.of Boniface
Properties,LLC,an Iowa l:i:mitedl:i:abilitycompany,and that the instrument was signed on behalf
of said company by authority of its members;and that said person acknowledged the execution
of the foregoing instrument to be the voluntary act and deed of the corporation by it voluntarily
executed.
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STATE OF IOWA )
)SS.
COUNTY OF DALLAS )
On this J~day of ~I.jIV ,2008 before me,the undersigned,a Notary
Public in and for the State of Iowa!personally appeared William F.Peard and Jeffrey L.
KOOistra,to me personally known,and who,being by me duly sworn,did say that they are the
Mayor and City Administrator/City Clerk,respectively,of the City of Waukee,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 the Resolution No.(j{I,-lra\adopted by the City Council on the n~day of
'Nl~,2008,and that William F.Peard and Jeffrey L.Kooistra acknowledged the
executi n of the instrument to be their voluntary act and deed and the voluntary act and deed of
the corporation,by it voluntarily executed.
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