HomeMy WebLinkAbout2014-11-17-Resolutions 14-328_Waukee Area Chamber of Commerce - Lease Agr - RevisedTHE CITY OF WAUKEE,IOWA
RESOLUTION 14-328
APPROVING REVISED LEASE AGRKKMKNT
[WAUKKK AREA CEIAIVIBKR OF COMMERCE]
IN THE NAME AND BY THE A UTHOIU.TY OF THE CITY OF IVA UKEE,IOL'VA
WHEREAS,the City of Waukee,Iowa is a duly organized municipality witlun Dallas
County;AND,
WHEREAS,the current lease agreement between the City of Waukee and the Waukee
Area Chamber of Commerce for the space addressed as 236 W.Hiclanan Road will
expire November 30,2014;AND,
WHEREAS,on October 6,2014,the Waukee City Council approved a new lease
agreement with the Waukee Area Chamber of Commerce (Resolution 014-272);AND,
WHEREAS,following City Council approval,the Waukee Area Chamber of Commerce
requested revisions to the lease agreement to correct scrivener's errors;AND,
WHEREAS,the revised agreement,winch is attached hereto as Exlubit A,meets the
approval of both parties.
NOW THEREFORE BK IT RESOLVED by the City of Waukee City Council in
session this 17"'day of November„2014,that it hereby approves the revised Lease
Agreement [Waukee Area Chamber of Conunerce].
rian Harrison,Mayor Pro Tem
Attest
Rebecca D.Schuett,City Clerk
ROLL CALL VOTE
Shane Blanchard
Brian Harrison
Casey L.Harvey
Shelly Hughes
Rick Peterson
AYK
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NAY ABSENT ABSTAIN
LEASE —BUSINESS PROPERTY
THIS LE&ASK&AGREEMENT,executed in duplicate,made and entered into this
17th day of November,2014,by and between the City of Waukee,Iowa
(hereinafter called the "Landlord")whose address for the purpose of this lease is 230 W.
Hictunan Road,Waukee,Iowa 50263,and Waukee Area Chamber of Commerce (hereinafter
collectively called the "Tenant")whose address for the purpose of this lease is 236 W.Hickinan
Road,Waukee,Iowa 50263,
WITNESSETH THAT:
I.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 fi.om
Landlord,according to the terms and provisions herein,the following described real estate,
situated in Dallas County,Iowa,to wit;
1860 square feet of Parcel B of Parcel A of Lot 3 of Candle ridge Park,an Official Plat in
the City of Waukee,Dallas County Iowa
with the improvements thereon and all rights,easements and appurtenances thereto belonging,
which,more particularly,includes the space and premises known as unit B (see attached Exhibit
A),for a term of three years,commencing at midnight of the day previous to the first day of the
lease term,which shall be on the 1st day of December,2014,and ending af midnight the last day
of the lease term,which shall be on the 31"day of November,2017 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.
Tenant shall provide Landlord with notice of its desire to continue fo lease the premises 6 months
prior to the expiration of the lease tenn at which time the Landlord and Tenant will discuss
entering into a new lease for the premises.This provision shall not be construed as a renewal
provision of a lease under the terms contained herein.
2.RENTAL.Tenant and Landlord agree that Tenant will not make monthly rental
payments during the term of this lease,except for the payments otherwise provided for herein.
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.USK OK&PREMISES.Tenant covenants and agrees during the term of this lease
to use and to occupy the leased premises only for Professional office space.For restrictions on
such use,see paragraphs 6(c),6(d)and 11(b)below.
5.QUIKT KNJOYMKNT.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 prentises for the term of this lease fice fiom molestation,
eviction or disturbance by the Landlord or any other persons or legal entity whatsoever.(But see
paragraph 6,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.
6.CARE&AND MAINTENANCE OI&PRKMISKS.(a)Tenant takes said
premises in its present condition except for such repairs and alterations as may be expressly
herein provided,
(b)LANDLORD'S DUTY OI&'CARR AND MAINTE&NANCE.Landlord will keep
the parking lot,roof,walls and other structural parts of the building in good repair.
Tenant shall be responsible for the repair,maintenance and replacement of the HVAC
serving the premises,not to exceed $1,500.00 during fhe lease term.Landlord shall be
responsible for repair,maintenance and replacement of the HVAC in excess of $1,500.00 during
the lease term.
(c)TE&NANT DUTY OP CARX AND MAINTE&NANCK.Tenant shall,after talcing
possession of said premises and until the termination of this lease and actual removal fi.om the
premises,at its own expense care for and maintain said premises in a reasonably safe and
serviceable condition,except for structural parts of the building.Tenant will furnish their own
interior and exterior decorating.Tenant will not peimit or allow said premises to be damaged or
depreciated in value by any act or negligence of the Tenant,their agents or employees.Without
limiting the generality of the foregoing,Tenant will make necessary repairs to the sewer,the
plumbing,the water pipes and electrical wiring and Tenant agi ees to keep faucets closed so as to
prevent waste of water and flooding of premises;to promptly take care of any leakage or
stoppage in any of the water,gas or waste pipes.The Tenant agrees to maintain adequate heat to
prevent fi eezing 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 in good condition and shall become a part of the premises.Tenant will be
responsible for the plate glass in the windows of the leased premises.Tenant shall malce no
structural alterations or improvements without the written approval of the Landlord first
obtained,of the plans and specifications therefore.If landlord authorizes tenant improvements,
upon completion they shall be considered a part of the premises and shall not be removed or
altered by tenant without the express written permission of landlord.
(d)Tenant will malce no unlawful use of said 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 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 accillnillate on
said premises in the halls,if any,or the alley or yard in fiont,side or rear thereof,and it will
remove same fi'om the premises at its own expense.
7.(a)UTILITIKS AND SERVICES.Tenant,during the term of this lease,shall
pay,before delinquency,all charges for use of telephone,gas,heat,electricity,power,air
conditioning,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
and maintenance thereof at the expense of Tenant in the amounts and in the manner provided in
paragraph 6(b).
(c)JANITOR SERVICE shall be furnished at the expense of Tenant.
(d)HEATING shall be furnished at the expense of Tenant.
8.(a)SURRENDER OI&PREMISES AT END OK TERM —REMOVAL OI
I&IXTUBX&S.Tenant agrees that upon the termination of this lease they will surrender,yield up
and deliver the leased premises in good and clean condition,except the effects of ordinary wear
and tein and depreciation arising fiom lapse of time,or damage without fault or liability of
Tenant.[See also 11(a)and 11(e)below.]
(b)Tenant may,at the expiration of the tenn 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 parties for an extension of this lease,or for a new lease)is
not permitted.
9.ASSIGNMKNT AND SUBLETTING.This lease shall not be assigned and the
preinises may not be sublet,without the Landlord's written permission,approved by resolution
of the City Council of the City of%aukee,Iowa.
10.(a)ALL REAL ESTATE&TAXES,levied or assessed by lawful authority (but
reasonably preserving Landlord's rights of appeal)against said real property shall be timely paid
by the parties in the following propoitions:by Landlord,0%;by Tenant,100%.
(b)Increase in such taxes,except as in the next paragraph provided,above the
amount paid during the base year of 2014 (base year if aid as may be defined in this paragraph)
shall be paid by Landlord,0%;by Tenant,100%,
(c)Increase in such faxes caused by improvements of Tenant shall be paid by
Landlord,0%;by Tenant,100%.
(d)PERSONAL I'ROPERTY TAXES.Tenant agrees to tiniely pay all taxes,
assessments or other public charges levied or assessed by lawful authority (but reasonably
preserving Tenant rights of appeal)against its personal property on the premises,during the term
of this lease.
(e)SPECIAL ASSESSMENTS.Special assessments shall be timely paid by the
paities in the following propoitions:by the Landlord,0/o,by the Tenant,100'/0 .
11.INSURANCE.(a)Landlord and Tenant will each keep its respective property
interests in the premises and its liability in regard thereto,and the personal propeity on the
premises,reasonably insured against hazards and casualties:that is,fire and those iteins usually
covered by extended coverage;and Tenant will procure and deliver to the Landlord a
certification from its insurance companies to that effect.Such insurance shall be made payable to
the parties hereto as their interests may appear,except that the Tenant's share of such insurance
proceeds are hereby assigned and made payable to the Landlord to secure rent or other
obligations then due and owing Landlord by Tenant,tSee also 11(e)below.]
(b)Tenant will not do or omit the doing of any act which would vitiate any insurance,
or increase the insurance rates in force upon the real estate improvements on the premises or
upon any personal propeity of the Tenant upon which the Landlord by law or by the terms of this
lease,has or shall have a lien.
(c)Subrogation rights are not to be waived unless a special provision is attached
fo this lease.
(d)Tenant further agrees to comply with recommendations of Iowa Insurance Service
Bureau 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 premises are a part,due to increased
risks or hazards resulting from Tenant use of fhe premises otherwise then as herein contemplated
and agreed.
(e)INSURANCE PROCEEDS.Landlord shall settle and adjust any claim against
any insurance company under its said policies of insurance for the premises,and said insurance
monies shall be paid to and held by the Landlord to be used in payment for cost of repairs or
restoration of damaged building,if the destruction is only partial.|See also 11(a),above.]
12.INDK1VINITY AND LIABILITY INSURANCE.Except as to any negligence
of the Landlord,arising out of roof and structural parts of the building or common areas,Tenant
will protect,indemnify and save harmless the Landlord from and against any and all loss,costs,
damage and expenses occasioned by,or arisnig 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 or under the Tenant.The
Tenant further covenants alld agrees that they will at its own expense procure and maintain
casualty and liability insurance in a responsible conipany or companies authorized to do business
in the State of Iowa,in amounts not less than $100,000 for any one person injured,and $500,000
for any one accident,and with the limits of $25,000 for property damage,protecting the
Landlord against such claim,damages,costs or expenses on account of injury to any person or
persons,or 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.
Ceitificates 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 fiom the date of the beginning of the tenn of this lease.As to insurance of the Landlord for
roof and structural faults,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 19,
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 18,below,provided.
(b)BANIMUPTCY OR INSOLVENCY OF TENANT.In the event Tenant is
adjudicated a bankrupt or in the event of a judicial sale or other transfer of Tenant leasehold
interest by reason by any banla.uptcy or insolvency proceedings or by other operation of law,but
not by death,and such bankruptcy,judicial sale or transfer has not been vacated or set aside
within ten (10)days fiom the giving of notice thereof by Landlord to Tenant,then and in any
such events,Landlord may,at its option,immediately terminate this lease,re-enter said premises,
upon giving of ten (10)days'written notice by Landlord to Tenant,all to the extent permitted by
applicable law,
(c)In (a)and (b)above,waiver as to any default shall nof constitute a waiver of any
subsequent default or defaults.
(d)Acceptance of keys,advertising and re-renting by the Landlord upon the Tenant's
default shall be construed only as an effort to mitigate damages by the Landlord,and not as an
agreement to terminate this lease.
13.DEFAULT,NOTICE OF DE&FAULT AND REMEDIES.
EVENTS OF DEFAULT
A.Each of the following shall constitute an event of default by Tenant;
1.Failure to pay rent when due under the terms of the lease.
2.Failure to observe or perform any duties,obligations,agreements or conditions
imposed on Tenant pursuant to terms of the lease.
3.Abandonment of the premises,"Abandonment"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 vohmtary bankruptcy proceedings in which the Court orders relief
against the Tenant as a debtor;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,however,the allowance of additional time remains in the sole discretion of
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 ail 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 tenn 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 the Tenant a wiitten notice of such forfeiture,
and may,at the time,give Tenant the notice to quit provided for in Chapter 648 of the
Code of Iowa.
14.RIGHT OF EITHER PARTY TO MAKE GOOD ANY DEI AULT Ol THE
OTHER.If default shall be made by either paity in the performance of,or compliance with,any
of fhe terms,covenants or conditions of this lease,and such default shall have continued for
thiity (30)days after written notice thereof fi.om one paly 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 9%per annum,from date of advance.
15.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,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 City of Waukee Development Services Depaitment,which approval shall
not be unreasonably withheld.
(b)Landlord during (he 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"andi'or "For
Sale sign and Tenant will pellzlit,at such tilne,prospective Tenallt or buyers to enter and
examine the premises at a mutually agreeable time.
16.MECHANIC'S LIENS.Neither the Tenant nor anyone claiming by,through,or
under the Tenant,shall have the right fo 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 past thereof,shall at any time be or become en|illed lo
any lien thereon,and for the fui ther 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 or agree to furnish any such materials,service or labor.
17.RIGHTS CUMULATIVE.The various rights,powers,options,elections and
remedies of either party,provided in this lease or under applicable law,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 paity'by law,and shall in no way affect or impair the right of either
paity to pursue any other equitable or legal remedy to which either paity 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 shall be
given to the respective parties hereto at the respective addresses designated on page one of this
lease unless either paity notifies the other,in writing,of a different address.Without prejudice
to any other method of notifying a paity in writing or malung 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 SUCCE&SSORS,ASSIGNS;KTC.
Each and every covenant and agreement herein contained shall extend to and be binding upon
the respective successors,heirs,adniinistrators,executors and assigns of the parties hereto.
20.CHANGK&S TO BK IN WtuTING.None of the covenants,provisions,terms or
conditions of this lease to be Icept or performed by Landlord or Tenant shall be in any manner
modified,waived or abandoned,except by a written instrument duly signed by the paities and
delivered to the Landlord and Tenant.This lease contains the whole agreement of the parties.
21.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.
22.MISCKLLANKOUS
(a)Tenant is also responsible for separately metered natural gas,telephone,
electricity and janitorial services.
(b)Connnon Area and Building Expenses:(CAM)The Tenant shall pay to Landlord
each month its percentage share of the common area and building expense.Such expenses shall
include real estate taxes,water/sewer/storm water services,propei@ management,coininon area
janitorial charges,snow and ice removal,lawn care and landscape maintenance,outside janitor
clean up (as needed),occasional outside window and door cleaning,striping of parking lot,
common area utilities,garbage/debris removal,insurance on the iinprovements and other
miscellaneous charges associated with the building and common areas used by all tenants on the
subject real estate.Tenant shall pay for its share of said common expenses upon written notice of
said charges &om Landlord in the ratio of its number of square feet leased as it relates to the total
square feet of the building.
(c)Estimated CAM costs shall be paid by Tenant on a monthly basis on the first day
of each month.Actual costs will be documented by landlord and invoiced to Tenant annually.
Funds in excess of actual and prorated expenses will be reimbursed to Tenant.If a deficiency is
experienced,that amount will be invoiced to Tenant and due within 30 days after written notice
of the deficiency.
(d)Current CAM costs:Tenant share of the costs are estimated at $400.00 per month.
(e)Landlord will protect,indemnify and save harmless the Tenant from and agaiiist
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 dainage to any person or propei ty,happening
or arising as result of the negligence of the landlord in performing its obligations related to the
roof,structural parts or coinmon areas of the property pursuant to this lease.
IN WITNESS &HERKY,the parties hereto have duly executed this lease in duplicate
the day and year first above written.
THE CITY OF WAUKEK,IOWA
"LAND L0Ro "WAUKKK AREA CHAMBER OF
COMMERCE
"TENANT"
illiam .Peard,Mayor
By:
N e:
Title:n.r o 'P)eS,i ~t e .1
ATTEST:
By
Rebecca Schuett,City Clerk
)
)ss.
STATE OF IOWA
~D:Il.
On this 44lri day of Ce &m~~r,2014,before me,the undersigned,a Notary Public
in and for the State of Iowa,personally appeared,5~.«P~"~=i ,to me personallysr
on behalf of said corporation by authority of ifs directors;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.
REBECCA G.SCHUETT
ess Commission Number 716496
My Commission Expires
o'srP Phay 13 2017 Notary Public in and for the State of Iowa
My coaursissioo expires ~~r3 7r'il 7
STATE OF IOWA )
)SS.
COUNTY OF DALLAS )
On this ~4 uay of ,2014 before me,the undersigned,a Notary
Public in and for the State of Iowa,personally appeared William F.Peard and Rebecca Schuett,
to me personally knowii,and who,being by me duly sworn,did say that they are the Mayor and
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 'n the Resolution No.
/~9-g+adopted by the City Council on the ~day of ,2014,and that
William F.Peard and Rebecca Schuett acluiowledged 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.
Notar P blic in and for the State of Iowa
My Comi ission expires gg P&~O/f
10