HomeMy WebLinkAbout2009-04-06-Resolutions 09-69_410 6th St - Lease Agr - American LegionTHE CITY OF WAUKEE,IOWA
RESOLUTION 09-69
APPROVING A PROPOSAL TO DISPOSE OF THE CITY'S INTEREST IN THE
PROPERTY LOCALLY KNOWN AS 410 6TH ST.,WAUKEE,IOWA BY SHORT TERM
LEASE TO THE WAUKEE AMERICAN LEGION
IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE,IOWA
WHEREAS,the City owns the property locally known as 410 6th St,Waukee,Iowa which the
City formerly offered for use as the Waukee Community Center;AND
WHEREAS,the building formerly known as the St.Boniface Church has been leased by the
City for use as a community center and is now known as the Maple Street Community Center;
AND
WHEREAS,that the property at 410 6th St,Waukee,Iowa has been vacant since the City
opened the new Community Center but the City has ongoing expenses associated with its
holding the property including,but not limited,to utilities,insurance,maintenance and labor
costs;AND
WHEREAS,410 6th St,Waukee,Iowa is in the business district in downtown Waukee and the
Council believes that having the properly occupied is preferable to the present vacancy that
exists;AND
WHEREAS,under the terms of the proposed one year lease,subject to a right of renewal for
two one year periods,the Tenant shall be responsible for the property,utilities,taxes and
insurance,as more particularly set forth in the proposed lease,saving the City costs in excess of
$9,000.00 based on the cost detail prepared by the City based on the last fiscal years expenses.
BE IT THEREFORE RESOLVED by the City Council of the City of Waukee,after hearing
held on April 6,2009,that it is in the best interest of the City that the property at 410 s"Street
be leased to Waukee Post 737,the American Legion,Department of Iowa,Inc.The lease
attached hereto as exhibit "A"should be and the same is hereby approved and the Mayor is
authorized to execute the same on behalf of the City.
Passed by the City Council of the City of Waukee,Iowa,and approved this the 6th day of April,
2009.
Attest:
ROLL CALL VOTE
Donald L.Bailey,JI.
Casey L.Harvey
C.Isaiah McGee
Darlene Stanton
Mike Watts
AYE
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NAY ABSENT ABSTAIN
Exhibit A
LEASE -BUSINESS PROPERTY
TillS LEASE AGREEMENT,executed in duplicate,made and entered into this 6th day
of April,2009,by and between City of Waukee,Iowa,a municipal corporation (hereinafter
called the "Landlord")whose address for the purpose of this lease is 230 W.Hickman Road,
Waukee,Iowa 50263,and Waukee Post 737,the American Legion,Department of Iowa,Inc.
(hereinafter called the "Tenant")whose address for the purpose of this lease is Post Office Box
286,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:
410 6[h Street,Waukee,Iowa _
with the improvements thereon and all rights,easements and appurtenances thereto belonging 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 1at day of May,2009,and ending
at midnight the last day of the lease term,which shall be on the 30th day of April,2010,unless
otherwise terminated in the manner specified in this lease,upon the condition that the Tenant
pays rent therefore,and otherwise performs the obligations specified herein.
(b)This lease may be renewed annually,at the option of the City,upon the same terms
set forth herein,for up to 2 renewals upon Tenant giving Landlord written notice of its intent to
renew 120 days prior to the expiration of the existing term provided however,that tenant is
current in all of its obligations hereunder at the time such renewal,as determined in the sole
discretion of the City.
2.RENTAL.Tenant agrees to pay to Landlord as rental for said term,as follows:
$1.00 annually,in advance,the rent payment becoming due upon the commencement ofthe lease
tenn.
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 ill
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.
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,unless
otherwise provided herein.(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
herein provided.
(b)LANDLORD'S DUTY OF CARE AND MAINTENANCE.Landlord will keep
the roof,structural 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 vacation
from the premises,at its own expense,care for and maintain said premises in a reasonably safe
and serviceable condition.Tenant will furnish its own interior and exterior decorating.Tenant
will not permit or allow said premises to be damaged or depreciated in value by any act or
negligence of the Tenant,its invitees or guests,its agents or employees.The Tenant agrees to
maintain adequate heat to prevent freezing of pipes.Tenant at its own expense may install floor
covering and will maintain such floor covering in good condition.Tenant will be responsible for
the plate glass in the windows of he leased premises and for maintaining the parking area,
driveways and sidewalks on and abutting the leased premises.Tenant shall make no structnral,
mechanical or other material modifications or additions (install/remove walls/windows/doors
whatsoever,install any permanent fixtures such as bars,dance floors or other improvements)
alterations or improvements without the written approval of the Landlord first had and obtained,
of the plans and specifications therefore.Any such floor coverings,improvements or alterations
shall become the property of the landlord and shall remain in the property upon termination.
(d)Tenant will make no unlawful use of said ]Jrenlises and agrees to comply with all
valid regulations of the Board ofI-Iealth,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.Tenant 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.
6.(a)UTILITIES AND SERVICES.Tenant,dnring the term of this lease,shall
pay,before delinquency,all charges for use of telephone,water,sewer,gas,electricity,power,
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.
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(b)AIR CONDITIONING equipment is provided in as is condition.Tenant shall be
responsible for regular maintenance of the Air conditioning system including filter changes and
normal maintenance and any repair that may be required.Landlord shall be responsible for
replacement of the Air conditioning system in the event that replacement is required in the
opinion of an AC professional engaged by the Landlord.Tenant shall be responsible for
replacement should any such replacement be necessitated as a result of the actions or inactions.
The equipment shall be returned upon the conclusion or termination of the lease in operational
condition.
(c)JANITOR SERVICE shall be furnished at the expense of Ten ant.
(d)HEATING/FURNACE 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 and any repair that may be required.Landlord shall be
responsible for replacement of the heating/furnace system in the event that replacement is
required in the opinion of a heating professional engaged by the Landlord.Tenant shall be
responsible for replacement should any such replacement be necessitated as a result of the
actions or inactions.
7.SURRENDER OF PREMISES AT END OF TERM --REMOVAL OF
FIXTURES.Tenant agrees that upon 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.
8.ASSIGNMENT AND SUBLETTING.Any assigmnent of this lease or
subletting of the premises or any part thereof,without the Landlord's written permission shall,at
the option of the Landlord,make the rental for the balance of the lease term due and payable at
once.Such written permissions shall not be unreasonably withheld.
Nothing herein shall be constmed to prohibit the tenant from allowing the use of the premises by
third parties for special events for periods no greater than 48 hrs,provided any charges,rents or
other receipts received by tenant for such use are split between landlord and tenant II,each.
Notwithstanding the foregoing,tenant shall continue to be responsible for its obligations under
this lease.
9.(a)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
rights of appeal)against said real property shall be timely paid by the Tenant.
(b)Increase in such taxes,except as in the next paragraph provided,above the
amount paid during the base year of 2008,shall be paid by Landlord.
(c)PERSONAL PROPERTY TAXES.Tenant agrees to timely pay all taxes,
assessments or other public charges levied or assessed by lawful authority (but reasonably
preserving Tenant's rights of appeal)against its personal property on the premises,during the
term of this lease.
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(d)
Landlord.
SPECIAL ASSESSMENTS.Special assessments shall be timely paid by the
10.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
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.Such insurance shall be made payable
to the parties hereto as their interests may appear.
(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 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 or restoration of damaged building,if the destruction is only partial.[See also 10(a),
above.]
INDEMNITY AND LIABILITY INSURANCE.Tenant 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 or 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 ofIowa,in amounts not
less than $100,000 for anyone person injured,and $500,000 for anyone 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 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.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 of the beginning of the term of
this lease.
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II.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)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 voluntary bankruptcy proceedings by Tenant;institution of involuntary bankruptcy
proceedings in which the Tenant thereafter is adjudged a banlcruptcy;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:(I)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 allorney'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
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 snch 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.
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13.SIGNS.(a)Tenant shall have the right and privilege of attaching,affixing,
painting or exhibiting signs on the leased premises,provided only (l)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 ofIowa;(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 subj ect
to the written approval of the Landlord,which approval shall not be unreasonably withheld.
Upon termination,Tenant shall be responsible for the competent removal of said signage and
shall restore the building to its original condition upon removal.
(b)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"and/or
"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 for the further security of the Landlord,the Tenant covenants and agrees to
give actual notice of this provision in advance,to any and all contractors and sub-contractors
who may furnish or 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 Tenant's default in its performance.
16.SUBSTITUTION OF EQUIPMENT,MERCHANDISE,ETC.(a)The Tenant
shall have tile 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
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.
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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
party by law,and shall 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.
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 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,retum 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 shall 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)Should there be any property taxes assessed,accruing or payable during
the tenancy,the Tenant shall be responsible for and reimburse the City andlor pay said taxes.
IN WITNESS WHEREOF,the parties hereto have duly executed this lease in duplicate
the day and year first above written.
[Signature page follows.}
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WAUKEE POST 737,THE AMERICAN
LEGION,DEPARTMENT OF IOWA,
INC."TENANT"
THE CITY OF WAUKEE,IOWA
"LANDLORD"
BY:~
Nan'le:~'~(l;:it (';
Title:cZ:~£"[Ei
BY~.~illiam .Peard,Mayor
ATTEST:
)
)ss,
COUNTY OF JKt=lla..:.....6"--~)
STATEOF IOWA
On this ~day of ~6 \,2009,before me,the undersigned,a Notary Public
in and for the State of Iowa,personally appeared _t.t A.He IlR ,to me personally
known,who being by me duly swom,did say that the person is the President of Waukee Post
737,the American Legion,Department of Iowa,Inc.and that the instrument was signed on
behalf of said company by authority of its board;and that said person acknowledged the
execution of the foregoing instrument to be the voluntary act and deed of the company and by it
voluntarily executed.
~
,.REBECCAD.SCHUETTi~Commission Number 716496
••My Commission Expires
ow May 13,2011 Notary Public in and for the State ofIowa
My Commission expires ~
8
STATE OF IOWA )
)SS.
COUNTY OF DALLAS )
On this I~day of ~v1 \,2009 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,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.~adopted by the City Council on the Jrlh.day of Mvll ,
2009,and that William F.Peard and Jeffrey L.Kooistra acknowledged the~e
instrument to be their voluntary act and deed and the voluntary act and deed of the corporation,
by it voluntarily executed.
l REBECCA D.scHUETItf:i~"1.Commission Number 716496
~•My Commission ExPires
ow May 13,2011
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EXHIBIT A -DESCRIPTION OF PROPERTY
Address 410 6TH ST,WAUKEE
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