HomeMy WebLinkAbout1997-11-18 ResolutionPrepared by: John Yapp, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5247
RESOLUTION NO. 97-384
RESOLUTION APPROVING THE ANNEXATION OF APPROXIMATELY 3.37
ACRES LOCATED SOUTHEAST OF THE INTERSECTION OF HIGHWAY 1
AND NAPLES AVENUE.
WHEREAS, Randy and Tamara Miller, as owners of the subject property, have applied for
voluntary annexation of 3.37 acres of property located southeast of the intersection of Highway 1
and Naples Avenue; and
WHEREAS, pursuant to Iowa Code {}368.5 and 368.7 (1997), the Johnson County Attorney was
served with notice of the headng and proposal, and the application for annexation was sent by
certified mail to the Johnson County Board of Supervisors, each affected public utility, the City of
Hills, the City of University Heights, and the East Central Iowa Council of Governments; and
WHEREAS, none of these entities have objected to the proposed annexation.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
1. The following described land should be voluntarily annexed to the City of Iowa City:
Lot 5, Scott's Second Addition, A Resubdivision of Lot 2, Scott's First
Addition, and a portion of the Northwest Quarter, of the Southeast
Quarter, of Section 20, Twp. 79 North, Range 6 West of the 5th P.M.,
Johnson County, Iowa, according to the plat thereof recorded in Book 31,
Page 309, Plat Records of Johnson County, Iowa, and
BEGINNING AT THE SOUTHEAST CORNER OF LOT 2, SCOTT~S
THIRD ADDITION, JOHNSON COUNTY, IOWA IN ACCORDANCE WITH
THE PLAT RECORDED IN BOOK 32, AT PAGE 303, OF THE
RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE;
THENCE S89°16'13"W, ALONG THE SOUTH LINE OF SAID LOT 2, A
DISTANCE OF 3.84 FEET, TO A POINT ON THE CENTERLINE OF
NAPLES AVENUE SW; THENCE NORTHWESTERLY 599.51 FEET,
ALONG THE CENTERLINE OF NAPLES AVENUE SW AND A 818.51
FOOT RADIUS CURVE CONCAVE SOUTHWESTELRY, WHOSE 586.20
FOOT CHORD BEARS N22°53'38"W TO A POINT ON THE
NORTHWESTERLY LINE OF SAID LOT 2; THENCE N45°45'55"E,
ALONG SAID NORTHWESTERLY LINE AND THE SOUTHEASTERLY
RIGHT OF WAY LINE OF US HIGHWAY No. 1, A DISTANCE OF 40.00
Resolution No. 97-384
Page 2
FEET TO THE NORTHEAST CORNER THEREOF; THENCE
S42°02'30"E, ALONG THE EASTERLY LINE OF SAID LOT 2, A
DISTANCE OF 258.42 FEET; THENCE S00°25'45"VV, ALONG SAID
EASTERLY LINE, 68.33 FEET; THENCE S89°34'15"E, ALONG SAID
EASTERLY LINE 33.00 FEET; THENCE S00°25'45"VV, ALONG SAID
EASTERLY LINE 307.41 FEET, TO THE POINT OF BEGINNING. SAID
TRACT OF LAND CONTAINS 0.56 ACRES, AND IS SUBJECT TO
EASEMENTS AND RESTRICTIONS OF RECORD.
2. The City Clerk is hereby authorized and directed to cert~, file, and record all necessary
documents as required by Iowa law under {}368.7 (1997).
Further, the City Clerk is hereby authorized and directed to cert~ and file all necessary
documents for certification of the population of the annexed terntory to Johnson County and
the State Treasurer, said populalJon being zero.
Passed and approved this 18th day of November
,1997.
CITY'CLERK
It was moved by Norton and seconded by
adopted, and upon roll call there were:
Lehman
AYES: NAYS: ABSENT:
the Resolution be
Baker
Kubby
Lehman
Norton
Novick
Thomberry
Vanderhoef
PAUl. D. PATE
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Ti-:i. (515) 2bi1-5204
FAx (515) 242-595:]
December 5, 1997
Iowa City City Clerk
410 East Washington Street
Iowa City. IA 52240-1826
RE: Resolution #97-384 approving voluntary annexation to the City of Iowa City
Dear City Clerk:
You are hereby notified that the resolution, plat map, and other documents pertaining to
the voluntary annexation of territory to the City of Iowa City have been reviewed by this
office and comply with requirements of Section 368.7, Code of Iowa.
You may consider the annexation filed as of December 3, 1997.
Sincerely,
Paul D. Pate
Secretary of State
PP/db
'2'
Pre by: John Yapp, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 (319
RESOLUTION NO. 97-384
RESOLI APPROVING THE ANNEXATION OF APPROXI 2.81
ACRES LOI SOUTHEAST OF THE INTERSECTION HIGHWAY 1
AND NAPLES ENUE.
WHEREAS, Randy and Tam
voluntary annexation of 2.81
and Naples Avenue; and
Miller, as owners of the sub
property located
property, have applied for
the intersection of Highway I
WHEREAS, pursuant to Iowa Code
served with notice of the hearing and pro
certified mail to the Johnson County Board
Hills, the City of University Heights, and the
and 368.7 (1! the Johnson County Attorney was
~sal, and th application for annexation was sent by
each affected public utility, the City of
Iowa Council of Governments; and
WHEREAS, none of these entities have ob
proposed annexation.
NOW, THEREFORE, BE IT RESOLVED BY
IOWA, THAT:
CITY
~UNCIL OF THE CITY OF IOWA CITY,
The following described land shoul¢ voluntarily annexed to~,~ City of Iowa City:
Lot 5, Scott's Second A Resubdivision of !~ ~t 2, Scott's First
Addition, and a pod 1 of the Northwest Quarter, the Southeast
Quarter, of Section ), Twp. 79 North, Range 6 West the 5th P.M.,
Johnson County, according to the plat thereof n Book 31,
Page 309, Plat of Johnson County, Iowa, and
BEGINNING
THIRD ADI
THE
RECOI
THEI'
DI~
THE SOUTHEAST CORNER OF LOT 2,
JOHNSON COUNTY, IOWA IN ACCORDANCE
RECORDED IN BOOK 32, AT PAGE 303, OF
IS OF THE JOHNSON COUNTY RECORDER'S OFFI(
S89°16'13"W, ALONG THE SOUTH LINE OF SAID LOT 2, A
OF 3.84 FEET, TO A POINT ON THE CENTERLINE OF
AVENUE SW; THENCE NORTHWESTERLY 599.51 FEET,
_ONG THE CENTERLINE OF NAPLES AVENUE SW AND A 818.51
RADIUS CURVE CONCAVE SOUTHWESTELRY, WHOSE 586.20
FOOT CHORD BEARS N22°53'38"W TO A POINT ON THE
NORTHWESTERLY LINE OF SAID LOT 2; THENCE N45°45'55"E,
ALONG SAID NORTHWESTERLY LINE AND THE SOUTHEASTERLY
RIGHT OF WAY LINE OF US HIGHWAY No. 1, A DISTANCE OF 40.00
Prepared by: John Yapp, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5247
,~ ' RESOLUTION NO.
RESOLUTION APPROVING THE ANNEXATION OF
ACRES LOCATED SOUTHEAST OF THE INTERSECTIOI
AND NAPLES AVENUE.
2.81
OF HIGHWAY I
WHEREAS, Randy and Tamara Miller, as owners of the
voluntary annexation of 2.81 acres of property located soutl
and Naples Avenue; and
property, have applied for
of the intersection of Highway 1
WHEREAS, pursuant to Iowa Co~e §368.5 and 368.:
served with notice of the headng a~nd proposal,
certified mail to the Johnson County~,Board of Su
Hills, the City of University Heights, ahd the East
the Johnson County Attorney was
application for annexation was sent by
each affected public utility, the City of
Iowa Council of Governments; and
WHEREAS, none of these entities
to the proposed annexation.
NOW, THEREFORE, BE IT RESOLVED
IOWA, THAT:
THE CITY COUNCIL OF THE CITY OF IOWA CITY,
1. The following described land sho~
ntadly annexed to the City of Iowa City:
Commencing at the Southwest (~omer of the Quarter, of Section 20, Township 79
North, Range 6 West, of the Fifth pa Meridian, Thence N00°25'45"E, (A Recorded
/
Bearing) along the West Li~e of said Quarter, 1395.30 feet, in accordance with the
"Right-of-Way Plat", Recorded in Deed Book at Page 229 of the Records of the Johnson
County Recorder's Office', said Point being the .rsection of the West Line of the Northwest
Quarter, of the SoutheZist Quarter of said Section with the South Line of the North 18.56
chains of said Northwest Quarter; Thence N39°58'4~E, along said South Line, 150.00 feet, to
the Point of Beginning of a Stormwater Detention ~sin Easement; Thence N00°25'45"E,
149.03 feet, to a Point on the Southeasterly Right-of-Way Line of Iowa Highway No. 1; Thence
N68°17'45"E, along said Southeasterly Right-of-Way Line~ 143.97 feet, to its Intersection with
the Southwesterly Right-of-Way Line of Ramp "C" of'~pdmary Road No. 218; Thence
S59°18'15"E, along said Southwesterly Right-of-Way Line~,396.00 feet, to a Point on the
South Line on' the North 18.56 chains of said Northwest Quader; Thence S89°58'45"VV, along
said South Line, 475.40 feet, to the Point of Beginning. Said Easement contains 58,021
square feet, more or less.
2. The City Clerk is hereby authorized and directed to certify, file, and record all necessary
documents as required by Iowa law under §368.7 (1997).
Resolution No.
Page 2
Further, the City Clerk is hereby authorized and directed to certify and file all necessary
documents for certification of the population of the annexed terntory to Johnson County and
the State Treasurer, said population being zero.
Passed and approved this __ day of
,1997.
ATTEST:
CITY CLERK
It was moved by
adopted, and upon roll call there were:
AYES: NAYS:
MAYOR
Approved by
/
and seconded by Y
^BSEN/T
' / Baker
",,/ Kubby
/ Lehman
/
? Norton
/ Novick
Thornberr~
Vanderhoef
the Resolution be
Prepared by: Liz Osborne, Comm. Development, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5246
RESOLUTION NO. 97-382
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST THE RELEASE OF A RENTAL REHABILITATION LOAN OF THE
PROPERTY LOCATED AT 509 SOUTH LINN STREET, IOWA CITY, IOWA
WHEREAS, on January 23, 1989, the property owners of 509 South Linn Street executed a
Rental Rehabilitation Lien to secure ten-year, no-interest declining balance loan in the amount
of $23,600.00 through the City's Rental Rehabilitation Program, and
WHEREAS, this document created a lien against the property; and
WHEREAS, the balance of $4,151.68 was paid off on November 4, 1997; and
WHEREAS, the lien needs to be released.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached
Release of Lien for recordation, whereby the City does release the property located at 509
South Linn Street, Iowa City, Iowa from the Rental Rehabilitation Lien recorded on February 1,
1989, in Book 1045, Pages 241 through Page 243 of the Johnson County Recorder's Office.
Passed and approved this 1Rth day of November ,1997.
CI'I'WCLERK
MAYOR
City Attorney's Office
It was moved by Thornberry and seconded by
adopted, and upon roll call there were:
AYES: NAYS:
X
X
X
X
X
X
Lehman
the Resolution be
ABSENT:
X Baker
Kubby
Lehman
Norton
Novick
Thomberry
Vanderhoef
Prepared by: Liz Osbome, CD DMsion, 410 E. Washington St., Iowa City, IA 52240; (319) 356-5246
RELEASE OF LIEN
The City of Iowa City does hereby release the property at 509 South Linn Street, Iowa City,
Iowa, and legally described as follows:
The east 63 feet of Lot 1 and the north 26 feet of the east 63 feet of Lot 2, all in Block 9
in County Seat Addition to Iowa City, Iowa, according to the recorded plat thereof;
from an obligation of the property owners, James and Polly Riggan, to the City of Iowa City in
the principal amount of $23,600.00 represented by the Rental Rehabilitation Lien recorded on
February 1, 1989 in Book 1045 Pages 241 through 243 of the Johnson County Recorder's
Office.
This obligation has been satisfied and the property is hereby released from any liens or clouds
upon title to the above property by reason of said pdor recorded documents.
,~roved by
City Attomey's Office
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this / ~ day of N: :,,,-r.- .-- , A.D. 19 97 , before me, the undersigned, a
Notary Public in and for said County, in said State, personally appeared Naomi J. Novick and
Madan K. Karr, to me personally known, who being by me duly sworn, did say that they are the
Mayor and City Clerk, respectively, of said municipal corporation executing the within and
foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the
instrument was signed and sealed on behalf of the corporation by authority of its City Council, as
contained in Resolution No.?~-3$&, adopted by the City Council on the /? '"" day o-~
, 19 ~7 and that the said Naomi J. Novick and Marian K. Karr as such officers
acknowledged the execution of said instrument to be the voluntary act and deed of said
corporation, by it and by them voluntarily executed.
Notary Public in and for Johnson County, Iowa
t" ,~ ~. ,,..,~ LL,,t__ ~. ~./~/,,~
,
Prepared by: Liz Osborne, Comm. Development, 410 E. Washington St., Iowa City, IA 52240; 319-356-5246
RESOLUTION NO. 97-383
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST THE RELEASE OF A RENTAL REHABILITATION LOAN OF THE
PROPERTY LOCATED AT 412 NORTH DUBUQUE STREET, IOWA CITY, IOWA
WHEREAS, on Apdl 29, 1987, the property owner of 412 North Dubuque Street executed a
Rental Rehabilitation Lien to secure a ten-year, no-interest declining balance loan in the amount
of $5,000.00 through the City's Rental Rehabilitation Program, and
WHEREAS, this document created a lien against the property; and
WHEREAS, the terms of said lien were satisfied on October 29, 1997; and
WHEREAS, the lien needs to be released.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached
Release of Lien for recordation, whereby the City does release the property located at 412
North Dubuque Street, Iowa City, Iowa from the Rental Rehabilitation Lien recorded on May 6,
1987, in Book 936, Pages 312 through Page 314 of the Johnson County Recorder~s Office.
Passed and approved this 18th day of November ,1997.
Cl'l'~ CLERK
City Attomey's Office
It was moved by Thornberry and seconded by
adopted, and upon roll call there were:
AYES: NAYS:
X
X
X
X
X
ppdrehab,'res~412ndubu doc
Lehman
the Resolution be
ABSENT:
X Baker
Kubby
Lehman
Norton
Novick
Thombert7
Vanderhoef
Prepared by: Liz Osborne, CD D'Msion, 410 E. Washington St., Iowa City, IA 52240; (319) 356-5246
RELEASE OF LIEN
The City of Iowa City does hereby release the property at 412 North Dubuque Street, Iowa City,
Iowa, and legally described as follows:
The north 50 feet of Lot 5 in Block 70, in Iowa City, Iowa, according to the plat thereof
recorded in Book 1, Page 116, Plat Records of Johnson County, Iowa, subject to
easements and restrictions of record,
from an obligation of the property owner, Marc B. Moen, to the City of Iowa City in the principal
amount of $5,000.00 represented by the Rental Rehabilitation Lien recorded on May 6, 1987,
in Book 936 Pages 312 through 314 of the Johnson County Recorder's Office.
This obligation has been satisfied and the property is hereby released from any liens or clouds
upon title to the above property by reason of said pdor recorded documents.
CITY"E;LERK
City Attorney's Office
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this I day of /~,~,-~,,.,-- , A.D. 19 ~'~ , before me, the undersigned, a
Notary Public in and for said County, in said State, personally appeared Naomi J. Novick and
Madan K. KarT, to me personally known, who being by me duly sworn, did say that they are the
Mayor and City Clerk, respectively, of said municipal corporation executing the within and
foregoing instrument; that the seal affixed thereto is the seal of said corporation, and that the
instrument was signed and sealed on behalf of the corporation by authority qf its City Council, as
contained in Resolution No. -~7--Z~ adopted by the City Council on the / ~. *~ day
, 19 c/7 and that the said Naomi J. Novick and Madan K. Karr as such officers
acknowledged the execution of said instrument to be the voluntary act and deed of said
corporation, by it and by them voluntarily executed.
Notary Public in and for Johnson County, Iowa
Prepared by: Dale Helling, Assistant City Manager, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5013
RESOLUTION NO. 97-385
RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE CABLE TV
DIVISION BY INCREASING THE HOURS OF THE CABLE TV
ADMINISTRATOR.
WHEREAS, Resolution No. 97-73, adopted by the City Council on March 4, 1997, authorized
permanent positions in the Cable TV Division for FY98; and
WHEREAS, Resolution No. 96-112, adopted by the City Council on April 23, 1996, established
a classification/compensation plan for Administrative/Confidential employees; and
WHEREAS, the Cable TV Administrator has become increasingly involved in the City's efforts
to develop and implement a comprehensive Telecommunications Ordinance; and
WHEREAS, Community Programming has recently been added as a component of the
Cable 'IV Division; and
WHEREAS, the daily activities and responsibilities of the Cable TV Division now require
increased effort and attention on the part of Cable TV Administrator.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
1. The position of Cable 'IV Administrator in the Cable 'IV Division be increased from .60 FTE
to .75 FTE.
Passed and approved this 18th day of November ,1997.
MAYOR
Ap~~...~_ved by
City Attorney's Office
,3W?O
Resolution No. 97-385
Page 2
It was moved by Vanderhoef and seconded by
adopted, and upon roll call there were:
Norton
AYES: NAYS: ABSENT:
the Resolution be
X Baker
Kubby
Lehman
Norton
Novick
Thornberry
Vanderhoef
City of Iowa City
MEMORANDUM
Date:
To:
From:
Re:
November 13, 1997
City Council
Dale Helling, Assistant City Manager ~~
Cable TV Administrator: Full-Time Equivalency Increase
Your agenda includes a resolution increasing the full-time equivalency of the Cable TV
Administrator from three-fifths time to three-quarter time. That position was originally full-time
and was reduced to three-fifths time about 10 years ago. This was done by mutual agreement
between Drew Shaffer and me, with the understanding that we would continually monitor the
actual time required by the job.
We have recently concluded that the additional six hours per week are needed in order for
Drew to most effectively administer his division. The function of Community Programming has
recently been added to the Cable Division, requiring increased supervision on the part of Drew
and Bob Hardy. In addition, we are moving ahead with the telecommunications ordinance and
some involvement on Drew's part will be needed with regard to administration and enforcement
of that ordinance. Further, cable franchise and related telecommunications issues have become
more complicated, requiring better monitoring of Federal and State legislation and FCC
activities. Drew will continue to spend more time than in the past just "keeping up". Finally, the
Cable Division will soon be moving its offices out of the Civic Center. This will require more of
Drew's time in the supervision of his operation.
The result is an increased demand on Drew and I anticipate this will be ongoing. Therefore, I
recommend that you approve this full-time equivalency increase. Please let me know if you
have any questions.
cc: Sylvia Mejia, Personnel Administrator
Drew Shaffer, Cable TV Administrator
Prepared by: Sarah Holecek, First Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319)356-5030
RESOLUTION NO. 97-386
RESOLUTION AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND
THE CITY CLERK TO ATTEST A LEASE OF THE UNION BUS DEPOT PROPER-
TY, 404 EAST COLLEGE STREET, PURSUANT TO WHICH LEASE GREYHOUND
LINES, INC. WILL LEASE SAID PROPERTY FOR A TERM OF THREE YEARS
WHEREAS, the City of Iowa City, Iowa has leased the Union Bus Depot located at 404 East
College Street to Greyhound Lines, Inc. under the current lease since March 1, 1 993, and said
current lease is set to expire on February 28, 1998; and
WHEREAS, a new lease with Greyhound Lines, Inc. has been negotiated for the sum of $1 200
per month, for a new three year period, which lease agreement is attached hereto and
incorporated herein as Exhibit "A"; and
WHEREAS, it is in the public interest to enter into a lease for the Union Bus Depot located at
404 East College Street with Greyhound Lines, Inc. for a new three-year term.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, that:
The lease agreement attached hereto as Exhibit "A" and by this reference made
a part hereof is approved as to form and content.
The Mayor and City Clerk be, and they are hereby authorized, empowered, and
directed to respectively execute and attest the lease agreement attached hereto
as Exhibit "A" and made a part hereof.
Passed and approved this 18th day of November , 1997.
CITY--CLERK
legator M'~'~eOot. re~
MAYOR
Resolution No. 97-386
Page 2
It was moved by K, ubb,v and seconded by
adopted, and upon roll call there were:
Lehman
AYES: NAYS: ABSENT:
X
X
X
X
X
the Resolution be
X Baker
Kubby
Lehman
Norton
Novick
Thornberry
Vanderhoef
LEASE AGREEMENT
LANDLORD:
Name
City of Iowa City
Address 401 East Washington Street
City Iowa City
State, Zip Iowa 52240
TENANT:
Greyhound Lines, .Inc
a Delaware corporation
P.O. Box 660362
Dallas, Texas 75266-0362
Attn: Contracts Administration
1. DATE. This Lease Agreement ("Lease') is made to be effective as of March 1, 1998.
2. PREMISES. Landlord hereby leases to Tenant and Tenant hereby leases and takes from Landlord for the term,
at the rental, and upon all the terms, covenants and conditions set forth herein, the following real property (the
"Premises"):
[Choose and complete one]
comprising approximately 1,620 square feet of floor space as described or designated in the City of Iowa
County of Johnson, State of Iowa, commonly known as 404 East Colle(3e Street and as more
particularly described in the site plan on Exhibit "A", attached hereto and incorporated herein for all
purposes;
,Ai la~tta .edand with a'll~,buildings and~provemen~located thereh~ in the City'bfr~ ~County of
,X,,, State X~ of ~ ~, comrf~y know~ as
'X, '~and as mor~,lp,.articulady dc~dbed by metc~nd bounds inT~,hibit
hereto ar~l incorporated'l~rein for all pu'~poses; ' --
together with the continuous and uninterrupted dght of access to and from the Premises, and, if applicable, the
use by Tenant; its employees, invitees and customers of the common areas.
3. TERM. The term of this Lease ("Term') shall be three (3) years, commencing on March 1, 1998 ("Commencement
Date') and extending through February 28, 2001 unless sooner terminated pursuant to any provision hereof. The parties hereto
acknowledge that Tenant shall have the right to terminate this Lease at any time upon N/A ( -O- ) months
pdor written notice to Landlord.
4. RENT. Tenant shall pay to Landlord as rent for the use of the Premises equal monthly installments of One
Thousand Two Hundred Dollars ($1.200.00), payable in advance, on or before the first day of each calendar month of
the Term. Rent for any pedod less than one month shall be a pro rata portion of the monthly installment. Rent shall be
payable to Landlord at its address set forth above or to such other address as Landlord may designate by notice as
provided herein.
5. USE OF PREMISES. The Premises shall be used by Tenant for the conduct of Tenant's operation of a bus
terminal and the handling of passengers, baggage and package express and any other activities reasonably
related thereto. If the Premises is less than all of Landlord's building or buildings in which the Premises is located,
Landlord will not permit any remaining portion thereof to be occupied or used for purposes which, in the reasonable
opinion of Tenant, would adversely affect or reflect upon Tenant's business.
6. REPRESENTATIONS. WARRANTIES AND COVENANTS OF TITLE. Landlord hereby represents, warrants
and covenants to Tenant that as of the Commencement Date:
_].
(a) Landlord is the sole owner in fee simple of the Premises and has full right, power and authority to grant the
estate demised herein and to execute and perform all of the terms, provisions, covenants and agreements provided in
this Lease:
(b) to the best of its knowledge, the Premises complies with all applicable zoning requirements, ordinances,
regulations, and all applicable laws, affecting the Premises or required in Tenant's use of the Premises or common areas
appurtenant to the Premises, including the Americans with Disabilities Act (or other laws affecting handicapped access)
and any environmental impact or traffic studies or requirements; and
(c) the Premises does not contain any asbestos or Hazardous Materials,
F.~r~l~(as defined in Section 22 herein) and Landlord is not in violation of any federal, state or local law, ordinance or
regulation relating to industrial hygiene or to the environmental conditions on, under or about the Premises including, but
not limited to, soil and ground water condition, and that no previous occupant of the Premises has used, generated,
manufactured, stored or disposed of on, under or about the Premises any Hazardous Materials, as determi ned by a
Court of competent jurisdiction.
7. QUIET ENJOYMENT. Landlord covenants and agrees that so long as Tenant observes and performs all of the
agreements and covenants required of it hereunder, Tenant shall peaceable and quietly have, hold and enjoy the
Premises for the Term without any encumbrance, interference or hindrance by Landlord. If Tenant's use of the Premises
is limited or denied through rezoning, environmental impact edict, or other action of any public or quasi-public agency or
governmental authority, this Lease, at the sole option of Tenant, shall terminate as of the effective date of such action
and the rent applying to the unexpired portion of the Term will abate.
UTILITIES. Tenant shall pay for all regular utility charges related to the use of the Premises, except as follows:
N/A
9. ASSIGNMENT AND SUBLETTING. Tenant shall have the dght to assign this Lease, or sublease all or a part of
the Premises for any purpose, contemplated in Paragraph 5, with the pdor written consent of Landlord, which consent
shall not be unreasonably withheld,to any person or entity at any time and from time to time. If Tenant subleases all or a
part of the Premises, Tenant agrees to remain pdmadly liable for the payment of rent for the remaining term of this
Lease.
10. ALTERATIONS, IMPROVEMENTS AND ADDITIONS. Tenant, without Landlord's consent, may make any
alterations, improvements, or additions in, on or about the Premises, which Tenant may deem necessary or desirable,
except for structural repairs and maintenance, which are the sole obligation of Landlord. Tenant, at its option, may
remove such alterations, improvements, or additions made by it in, on or about the Premises. Tenant's personal property
and its trade fixtures, including all machinery, equipment and furnishings, shall remain the property of Tenant and may
be removed by Tenant. Any personal property, trade fixtures, alterations, improvements, or additions not removed by
Tenant within thirty (30) days after the end of the Term shall automatically become the property of Landlord. Tenant
shall repair any material damage to the Premises caused by Tenant's removal of its personal property, trade fixtures,
alterations, improvements, or additions, but Tenant shall have no obligation to remove such items from the Premises at
any time. Landlord shall, at its sole expense, make any alterations, improvements or additions to the Premises
(structural or non-structural) that may be required on account of any existing or future laws of any governmental
authority, except alterations, improvements or additions to the Premises as may be required solely by reason of the
nature of Tenant's business.
11. REPAIRS AND MAINTENANCE. Tenant shall make ordinary intedor repairs and replace broken glass in the
Premises. Landlord shall maintain and promptly make all extedor repairs and common area maintenance, all repairs,
replacements or retro-fitting of a permanent character (including, but not limited to, components in the air conditioning,
boiler and heating systems, HVAC system, sprinkler system, gas lines, electrical and plumbing fixtures and hot water
systems, including heaters), and all floors and floor surfaces, driveways, parking lots, bus docks, wall, roof (including
water tightness), foundation, footings, Building Systems (as herein defined) and structural repairs, support systems,
strengthenings, alterations, reconstructions, or additions necessitated by reason of lapse of time, weakness or decay,
-2-
insect infestation. or damage to or destruction of the Premises, or to any part thereof, or which may, at any time, be
required by any governmental or public authority, except for any damage caused solely by Tenant's negligence. Tenant
shall promptly notify Landlord of any known defect, damage, decay or dangerous condition associated with the
building system. The "Building Systems" shall be construed as the building utility elements essential for Tenant's use
and occupancy of the Premises including, but not limited to, such systems as are not readily accessible to Tenant, such
as underground water, sewer, electdc and other utility lines and all trash removal, janitorial and elevator services and
maintenance services related to the Premises. Tenant shall surrender the Premises in as good order, repair and
condition as the same were in the commencement of the Term, damage by fire and items covered by extended coverage
insurance, unavoidable casualty, reasonable wear and tear, alterations, improvements and additions made by Tenant
and Landlord's failure to repair excepted.
12. TAXES. Landlord, dudng the Term, shall pay promptly when due, all general ad valorem real estate taxes and
assessments which may be imposed upon the Premises. Tenant shall pay all taxes assessed against and levied upon
Tenant's trade fixtures, and all other personal property of Tenant contained in the Premises. As used herein, the term
'real estate tax" includes any form of tax, assessment, license and permit fees, rent tax, income tax, franchise tax, levy,
penalty, or tax imposed by any authority having the direct or indirect power to tax, including any city, county, state or
federal govemment, or any school, agricultural, lighting, drainage or other improvement distdct thereof or any public or
quasi-public agency or governmental authority, upon any legal or equitable interest of Landlord in the Premises, upon
Landlord's dght to rent or business of leasing the Premises, or upon Tenant's use or occupancy of the Premises.
13. INSURANCE. Landlord shall maintain throughout the Term, at its sole cost and expense, a policy or policies of
insurance for the mutual benefit of Landlord and Tenant against loss or damage to the Premises in the amount of the
full replacement cost thereof, against any perils included within the classifications of fire, vandalism, explosion, malicious
mischief, special extended pedls ("all dsk") and any dsk covered by the so-called Extended Coverage Endorsement
(including leasehold improvements). Tenant shall maintain, at its sole cost and expense, a comprehensive general
liability policy including coverage of contractual liability as respects this Lease, providing a combined single limit of
liability of not less than $500,000 per occurrence, which policy shall be primary in the event of negligence on the
part of Tenant, and or the failure of Tenant to discharge its duties hereunder. Tenant shall furnish a certificate of
insurance evidencing the aforesaid coverage upon Landlord's written request. Landlord shall maintain public liability
insurance for any common areas. Notwithstanding any provision herein to the contrary, Tenant may satisfy its insurance
obligations hereunder by self-insuring any or all of its insurance liabilities and Tenant shall, upon Landlord's request,
furnish certificates evidencing such coverage.
14. INDEMNITY. Except as otherwise agreed herein, each party agrees to indemnify and save the other party
harmless from any and all claims, demands, costs and expenses of every kind whatsoever, including reasonable
attorney's fees for the defense thereof, adsing from the indemnifying party's wrongful act or negligence in or about the
Premises. In case of any action or proceeding brought against either party by reason of any such claim, upon notice
from such party, the indemnifying party covenants to defend such action or proceeding by counsel reasonably
satisfactory to the other party, unless such action or proceeding alleges the joining or concurring wrongful act or
negligence of both parties, in which case both parties shall share equally in the defense of such action or proceedings.
15. DAMAGE OR DESTRUCTION. If the Premises is damaged or destroyed in whole or in part by fire or other
casualty, Landlord shall repair and restore the Premises to a good tenantable condition. All rent shall wholly abate in
case the entire Premises is untenantable, or shall abate pro rata for the portion rendered untenantable in case a part only
is untenantable, until the Premises is restored to a tenantable condition. Landlord shall commence and complete all work
required to be done under this Section 15 with reasonable promptness and diligence. In the event Landlord repairs or
restores the Premises, the rent due under this Lease shall be abated or reduced proportionately dudng any pedod which,
by reason of such damage or destruction, there is any interference with the operation of the business of Tenant. Tenant
shall not be liable to Landlord for damage to the Premises caused by fire or other dsks embraced within Landlord's
insurance coverage, whether or not the same is due to the negligent act or omission of Tenant. If Landlord does not
commence the repair or restoration within fifteen (15) days after the damage or destruction occurs, or if repair or
restoration will require more than ninety (90) days to complete, Tenant may, at Tenant's option, terminate this Lease by
-3-
giving Landlord notice of Tenant's election to do so at any time pdor to the commencement of the repair or restoration.
In that event, this Lease shall terminate as of the date of such damage or destruction.
16. CONDEMNATION. If all the Premises or a substantial portion thereof is taken by condemnation or under the
power of eminent domain, or sold under the threat of the exercise of said power (all of which are herein called
'condemnation'), this Lease, at Tenant's sole discretion, shall automatically terminate as of the date the condemning
authority takes title or possession, whichever occurs first.
If any other taking (of the Premises or othenNise) adversely and substantially affects Tenant's use, access, or dghts of
ingress or egress of or to the Premises, then Tenant may elect to terminate this Lease as of the date the condemning
authority takes possession. Tenant's election to terminate shall be made in writing within thirty (30) days after Landlord
has given Tenant written notice of the taking (or in the absence of such notice, within fifteen (15) days after the
condemning authority has taken possession). If Tenant does not terminate this Lease in accordance with this Section 16,
this Lease shall remain in full force and effect as to the portion of the Premises remaining, except that rent shall be
reduced in the proportion that the area taken diminishes the value and use of the Premises to Tenant. In addition,
Landlord, at its expense, shall promptly repair any damage to the Premises caused by condemnation and restore the
remainder of the Premises to the reasonable satisfaction of Tenant.
Any award or payment made upon condemnation of all or any part of the Premises shall be the property of Landlord,
whether such award or payment is made as compensation for the taking of the fee or as severance damages; provided
Tenant shall be entitled to the portion of any such award or payment for loss of or damage to Tenant's trade fixtures,
removable personal property, and additions, alterations and improvements made to the Premises by Tenant, and for its
loss of business or the leasehold herein created or any other consequential or special damages, such as Tenant's
relocation and moving expenses.
17. DEFAULTS: REMEDIES.
(a) Defaults. The occurrence of any of the following events constitutes a material default of this Lease by
Tenant:
(i) The failure by Tenant to make any payment of rent or any other payment required to be made by
Tenant hereunder, as and when due, where the failure continues for a period of twenty (20) days after Tenant
receives notice thereof from Landlord.
(ii) The failure by Tenant to observe or perform any of the covenants, conditions or provisions of this
Lease to be observed or performed by Tenant, other than those described in subsection (i) above, where the failure
continues for a pedod of thirty (30) days after Tenant receives notice thereof from Landlord; provided, however, that if
the nature of Tenant's default is such that more than thirty (30) days are reasonably required for its cure, then Tenant
shall not be deemed to be in default if Tenant commences such cure within the thirty (30) day period and thereafter
diligently completes the cure.
(iii) The making by Tenant of any general assignment or general arrangement for the benefit of creditors;
the filing by Tenant of a petition to have Tenant adjudged a bankrupt; the judicial declaration of Tenant as bankrupt.
(iv) The appointment of a trustee or receiver to take possession of substantially all Tenant's assets
located at the Premises or of Tenant's interest in this Lease, if possession is not restored to Tenant within thirty (30) days.
(v) The attachment, execution or other judicial seizure of substantially all Tenant's assets located at the
Premises or of Tenant's interest in this Lease, if the seizure is not discharged within thirty (30) days.
(b) Remedies upon Tenant's Default. In the event of any such matedal default by Tenant, Landlord may,
after giving notice as provided above, enter into the Premises, remove Tenant's property and take and hold possession
-4-
of the Premises and expel Tenant and pursue those remedies available to Landlord under the laws of the state in which
the Premises is located. Landlord shall make reasonable efforts to relet the Premises or any part thereof in order to
mitigate any damages resulting from Tenant's default.
(c) Default by Landlord. Landlord shall not be in default unless Landlord fails to perform any covenants,
terms, provisions, agreements or obligations required of it within a reasonable time, but in no event later than thirty (30)
days after written notice by Tenant to Landlord; provided that if the nature of Landlord's obligation is such that more than
thirty (30) days are reasonably required for performance, then Landlord shall not be in default if Landlord commences
performance within the thirty (30) day pedod and thereafter diligently completes performance.
(d) Remedies upon Landlord's Default. If Landlord defaults in the performance of any of the obligations or
conditions required to be performed by Landlord under this Lease, Tenant may, after giving notice as provided above,
either cure the default and deduct the cost thereof from rent subsequently becoming due hereunder, or elect to terminate
this Lease upon giving 30 days written notice to Landlord of its intention to do so. In that event, this Lease shall
terminate upon the date specified in the notice, unless Landlord has meanwhile cured the default to the satisfaction of
Tenant. In the event that any representations and wan'anties set forth in this Lease (including but not limited to those set
forth in Section 6 herein) shall cease to be the case, and if Landlord shall have failed to commence to cure within sixty
(60) days after notice from Tenant and thereafter diligently completes the cure of the same, then, except as specifically
provided elsewhere in this Lease, Tenant shall have the right to terminate this Lease upon wdtten notice to Landlord.
Tenant may also pursue those remedies available to it under the laws of the state in which the Premises is located.
18. HOLDING OVER. If Tenant remains in possession of the Premises after the expiration or termination of this
Lease, and without the execution of a new Lease, Tenant shall be deemed to be occupying the Premises as a tenant
from month-to-month, subject to all of the conditions, provisions and obligations of this Lease insofar as they are
applicable to a month-to-month tenancy.
19. NOTICES. All acceptances, approvals, consents, notices, demands or other communications required or
permitted to be given or sent by either party to the other, unless otherwise provided, shall be deemed to have been fully
given when made in writing and delivered in person or deposited in the United States mail, certified and postage prepaid,
addressed to the name and address set forth at the top of this Lease. The address and person for wdtten communication
may be changed upon ten (10) days written notice to the other party.
20. WAIVER OF SUBROGATION. Landlord and Tenant and all parties claiming under or through them hereby
mutually release and discharge each other, any other tenants or occupants of the building in which the Premises is
located, and the officers, employees, agents, representatives, customers and business visitors of Landlord or Tenant or
such other tenants or occupants, from all claims, losses and liabilities adsing from or caused by any hazard covered by
insurance on or in connection with the Premises or said building, even if caused by the fault or negligence of a released
party. This release shall apply only to the extent that such claim, loss or liability is covered by insurance.
21. ENVIRONMENTAL MATTERS. As a condition precedent to the effectiveness of this Lease, Landlord shall
provide Tenant a copy of all existing environmental reports, studies or audits concerning the Premises. Tenant will
comply with all environmental laws dudrig the term of the Lease, but shall bear no liability whatsoever and shall not
assume any conditions for any existing environmental materials or Hazardous Materials on the Premises. Landlord
agrees to indemnify, defend and hold Tenant harmless from and against any and all loss, damage, liability and expense
(including reasonable attorneys' fees) that Tenant may incur as a result of any claim, demand or action related to
environmental conditions, Hazardous Materials or any other environmental laws and regulations not directly resulting
from Tenant's activities on the Premises. The delivery of copies of environmental reports, studies or audits required in
this Section must be provided to Tenant not later than fourteen (14) days pdor to the Commencement Date.
22. HAZARDOUS MATERIALS. The term "Hazardous Materials" as used herein shall include but not be limited to
asbestos, flammable explosives, dangerous substances, pollutants, contaminants, hazardous wastes, toxic substances,
and any other chemical, material or related substance exposure to which is prohibited or regulated by any govemmental
-5-
authority having jurisdiction over the Premises, any substances defined as 'hazardous substances," "hazardous
materials" or 'toxic substances" in the Comprehensive Environmental Response Compensation and Liability Act of 1980,
as amended, by Superfund Amendments and Reauthodzation Act 42 U.S.C. §6901, et seq.; the Hazardous Materials
Transportation Act, 42 U.S.C. §6901, et seq.; Clean Air Act, 42 U.S.C. §7901, et seq.; Toxic Substances Control Act, 15
U.S.C. §2601, et seq.; Clean Water Act, 33 U.S.C. §1251, et seq; the laws, regulations or rulings of the state in which the
Premises is located or any local ordinance affecting the Premises; or the regulations adopted in publication promulgated
pursuant to any of such laws and ordinances.
23. MISCELLANEOUS.
(a) Siqns. Tenant may erect such signs on the extedor or intedor of the Premises as Tenant may deem
desirable if the signs do not violate the laws, rules, or regulations of the municipality in which the Premises are situated.
(b) Severability; Choice of Law. The invalidity or unenforceability of any provision of this Lease, as
determined by a court of competent jurisdiction, shall in no way affect the validity of the remainder of this Lease or any
other provision hereof. THIS LEASE SHALL BE GOVERNED BY THE LAWS OF THE STATE IN WHICH THE
PREMISES IS LOCATED.
(c) Entire Aclreement. This Lease and any addenda and exhibits attached hereto or to be attached hereto, set
forth all of the covenants, promises, agreements, and conditions between Landlord and Tenant concerning the Premises
and this Lease and there are no covenants, promises, agreements or conditions, either oral or written, between them.
This Lease may not be modified or amended in any manner except by an instrument in writing executed by the parties
hereto.
(d) BrokeraGe. Landlord covenants and agrees to save and hold Tenant harmless from any and all claims for
brokerage fees adsing out of this Lease.
(e) Attorney's Fees. If either party named herein bdngs an action to enforce the terms of this Lease or to
declare rights hereunder, the prevailing party in any such action, on tdal or appeal, shall be entitled to his reasonable
attorney's fees to be paid by losing party as fixed by the court.
~ (f) Rest S to'b~ If the P re~l~es is to ~designated ~,~Rest Stop" b~Tenant in thX~Russell's Gu~e in which
passeilg~p~rs are allowed',~ disembai~the bus t~utilize restrb(~m or meal la~cilities, Landlq. rd shall cori~lete the
Accessibil~Checklist, atta'e~i,.ed hereto 'a~ Exhibit ~, and the Le'a~e shall be si~ect to the trills and condlti, ons of
Exhibit "C", aftar_.hed hereto an'eLincorporatc~l. herein for"a~,l purposes. ~ ~
IN WITNESS WHEREOF, the parties hereto have executed this instrument to be effective as of the day and year first
above written.
Landlord:
CITY OF IOWA CITY
Na~.mi J. I~bvick
Its: Mayor
Tenant:
.,,..~~HOU~D LINES, INC. a ~el%e corporafl.,on
,..W. I~augsland.,..~ /
Its: CTqief Operatin(~ Officer
Ely /~
At:~r~ey
-6-
Tax ID No.:
(If individual, Social Secudty Number)
WI'I'N~SS: Marian K, Karr, City Clerk
WITNESS:
-7-
EXHIBIT "A" (Page 1 of 2)
to that certain Lease Agreement
by and between CITY OF IOWA CITY, as Landlord, and
GREYHOUND LINES, INC,, as Tenant
Dated ,19
SITE PLAN
PAGE 1
09/23/97 13:31 FAZ 214 849 6220 ~Ob~ LI,¥ES ~002
EXHIBIT "A"
LEASE AGREEMENT
DRAFT
LN~IDLORD:
I~lame
(a corporation, partnership, imlividual)
b-'late. Zip
TENANT:
Greyhound Lines, Inc.
PoO. Box eeo:~2
DeEas, Texas 7,5268-0362
Attn: Contracts Administration
DATE. Thi,~ Lease Agreement ~Lease') is made to be etlecUve as of
,19
at the rental, and upon all the terms. covenants
[Choose ~ complete one] \
u~e by Tenant;
PREMISES. Landlord hereby [eases to Tenant and Tenant hereby leases ancl takes from Lar~l[o~ for the term.
and conditions set forth heroin, the following real property [the
comprising approximately_
Exhibit "A". attached hereto and
~e land with all buildings and im
State
· A~' at/actte~ here{o arx] mcorporated
toge~er with the continuous and unintertUl~ed rig~
its employees. invitees and customers of the
uam feet of floor space as described /deaignated in the City of
· state of / . commonly known as
and as more particula~ly described ~n the site plan on
I heroin for all purposes;/ _
s located thereon in th/e~City of , County of
of / commonly know~ as
; more particularly .clt~scrlbed by .,afar aeel beueds in Exhibit
for all p~qx~,es;//,/ -~.'-L:_ ~
from the Premises. ane. if applicable. the
TERM, The te~q of this Lease ('Term') shall be
('~_.ommmx~me~t Date') and exte~'mg through '
pta~arR to any provia~ ~. 'rlm parties hme~o
any Ume upon ( ) ~ !:xi~,Aq'tlterl
4. RENT. Tenant shall pay to Landlo~ as rent for
· payable in advance. on or before the
peri~ ess man one month shal be a pro ~a~a podJo~ of the
adclre~s set forth above orto su(~l~ ot~er adclre~s as Landlord may desig
yearn, COlTgnm~ng on
unless sooner tefminaled er s ~l:.~led
stma have the right to temil~e Ibis Lease
Lancfio~l.
of the Premise~ equal monthly instanments of
each calendar month of the Term. Rent for
alight. Rent shall be payable to Landlord at its
by notice as provided herein.
5. U~E OF PREMISF$. The Premises s~all be used by mr ~e cen(Juct of Tena~'s ~ o~mfiom fm
a~ ~,~er ~i~ m~n~ ~ ~ a~ for ~y ~er I~~. If ~e ~mi~ ~ 1~ ~en all ~
L~m s ~i~]ng or ~i~i~ in ~i~ ~e ~;~ ~ I~, ~ndlo~ ~ ~ ~ any ramaini~ ~ ~f to
~ ~ or c~ for ~ ~, In ~e ~na~ o~ni~ of Ten.t, ~u~ ~ve~ly ~e~ or mfi~ u~n
T~a~'s ~n~. ~
6. R~R~TA~ONS. W~~ ~D CO~~ OF ~.~ ~ndl~ ~e~ m~, ~
~,
09/23;9? 13:32 F.~T, 2It ~49 6220 GREYI~OL~) LI~S ~003
(a) Landlord is the sole owner in fee simple of ~e Premises and has full ngnt, power ancl authority to grant the
estate demised herein and to execute and perform all of the terms. provisions. covenants and agreements provMed In
tilts Lease;
(b) to the best of its knowledge, the Promises complies with all applicable zoning requirements, offfinances,
regulations, and all applicable laws, affecting the Premises or required in Tenant's use of the larem.[_-.e_~ or common areas
appurtenant to the Promises, including the Americans with D~__~bil'Ries Act (or other laws affecting handicapped access)
and any environmental imi~ct or traffic studies or require~i~s; end /
(c) the Premises does not contain any asbestos {~r Hazardous Materials (as defined in Section 22 herein) and
Landlord is not in violation of any federal, state or local law,~,orclinance or regulation relatin~o industrial hygiene or to the
environmental conditions on. under or about the Premises ~cluding, but not limited to. s0il and ground water cond'~ion,
and that no previous occupant of the Promises has used. generated. manufactured, stored or dis _l:~-~ed of on. under or
about the Promises any Hazardous Mate~als.
7. nUI~=T J=NJOYM~=NT. Landlord covenants and agrees that so long as Tenant observes and performs all of the
agreements and covenants required of It ~reur~er, Tenant ~aM peaceable~ancl quietly have, tmld and enjoy the
Premises for the Term without any encumbrance. interfererice or hindrance by ~,andlo~l. If Tenant'$ use of the Promises
is limited or denied through rezoning, environmental impacl ed ,k:t, ~ other action of any public or quasi-public agency or
governmental authority, this Lease, at the sole option of Te~a~, shall term~iate as of tlqe effective date of such action
and the rent applying to the unexpired portion of the TenT1 wtll
8. UTIMTIES. Tenant/Landlord [designate one] shall pay
Premises, except as follows:
all regular utility charges related to the use of t~e
9. ,a~$1GNMENT AND SUBLETTING. Tenant shall have ~ight to assign this Lease, of sublease all or a part of
the Promises for any lawful purpose, without the prior to any person or entry at any time and from
time to time. If Tenant subleases all or a part of the Pmmi.ses,. Tar mt agrees to remain primarily liable for the payment
of rent for the remaining term of this
Lease. /
10. ALTERAT101~5. IMPROVEMENTS AND ADi:)IT!ONe. Te
alterations, improvements, or additions in, on or about the Premises,
except for structural rapairs an(t maintenance, m am the sole ot
remove such alterations, improvements, or aclditions made by it in, on
and its trade rodures, including all machinery. equipment and
be removed by Taftant. Any personal property, trade fixtures,
Tenant wit/tin thirty (30) days after the and of the Term shag
shall repair any material damage to the Premises caused by Te~ant's
alterations. iml:~ovements, o~' add'~ens, but Tenant shall have no obli
any time. Landlord Shalt, at its s~e expent, e, make any aReralJons,
(structural or non-structural) that may be required on _acc~__unt of any
au!l~xity. except alterations, improvements or additions to the Premises
nature of Tenant's business.
without Landlord's consent, may make any
Tenant may deem nmry or desirable,
etlon of Landlord. Tenant, at its option, may
about the Premises. Tenant's personal I~operty
shall remain the property of Tenant and may
improvements, or additions not removed by
become the property of Landlord. Tenant
~oval of its pemonai property, trace fixtures,
to remove such items from the PremL_~_ at
or additions to the Pre. mLses
or futum laws of any govemmental
may 13e required solely by mason of the
11. REPAIRS AND MAINTENANCE. Tenant shall make ordinary and replace broken glass in the
Premises. Landlord shall maintain and promptly make all exterior rel~Urs and area maintenance, all repairs.
replacements or retm-Mting of a permanent ~aracter (including. but not ). components in the air cond'~ioaing.
boiler and heating systems, HVAC system, sodnide~ system, gas lines, and plumbing fixtures and hot water
systems, including heaters). and all floors and floor surfaces. driveways. bus docks. wall, roof (including
water tightness), foundation, foo~ngs, Building Systems (as herein defined) and repairs, support systems,
strengthenlng$, alterations, reconstructions. or add'd. ior, s nec__J,s~,~ta_ tecl by mason of ipse of time, weakness of decay,
09, 2~,'97 1~ ~2 F.~I ~1¢ $49 ~..0 GREY~Ot~) LIN~S ~004
insect infestatJon, or damage to or destruction of the Premises, or to any part thereof, or w13ich may, at any time, be
required by any goYemmental or public authorily, excep~ for any dama~le caused solely by Tenant's negligence. The
'Building Systems' shall be construed as the building utility elements essential for Tenant's use and occupancy o! the
Pmmise~ including, but not limited to, such systems as are not readily accessible to Tenant, such as underground water.
sewer, electric and other utility lines and all trash ramoval, janitorial and elevator services and maintenance services
related to the Premises. Tenant shall surrender the Premises in as good order. rapair and ccmd'd~3n as the same was in
the commencement of the Term, damage by fire and items covered by extended coverage' insurance, talavOKl&ble
casualty, reasonable wear and tear, alterations. Improvements and additions made by Tensed and Landlord's failure to
repair excelled. ~
12. TA~E8. Landlord, cluring the Term, shali~pay promptly when due, all general.~valorem real estate taxes and
assessments w~ich may be imposed upon the PreLl. es. Tenant shall pay all tax~~ against and levied upon
Tenant's trade fixtures. and all other personal pmP~-'rty of Tenant contained in the/Premises. As used heroin, the term
'real estate tax' includes any form of tax. assessmeaL license and permit fees, r~t tax, income tax, f~nchise tax, levy,
penalty, or tax imposed by any authority having the~direct or indirect power tg/tax. including any city, county, state or
federal government, or any school, agricultural, lighfi~lg, drainage or other in./{Smvement district thereof of any public or
quasi-public agency or governmental authortty, upon ~ny legal or equitable'interest of Landloecl in the Premises, upon
Landlord's right to rent or business of leasing the PremL~, or upon Tenarlt~s use or o<x3JpaAcy or the Premises.
/
13. INSURANCE. Landlold shall maintain througho~ the Term, sole co~ and moperise, a policy or policies of
agerest loss or damage to the Promises in the amount ~
within the classifications of fire, vandalism, explosion,
covered by the so-oalled Extended Coverage Enclosesent
at its sole _r~_~ and expense. a comprehensive general I
respects this Lea.~e, providing a combined single limit of
furnish a certificate of insurance evidencing the
maintain public liability Insurance 1or any common areas.
may saUsfy its insurance obligations hereunder by self
upon Landlord's request, furnish cettific. ates
cost theseof, against any perits included
special extended pen'Is ('all 6sk') and any risk
leasehold improvements). Tenant shall maintain.
policy Including coverage of contractual liability as
of not less than $500,000 per occurrence. Tenant shall
upon Landlord's w~ittes~ request. Landlord shall
any provision herein to the contrary, Tenant
any or all of its insurance liabilities and Tenant shall,
~rage.
14.
harmless from any and all claims, demands, and
attomey's fees for the defense thereof, arising the
Premises. In case ol any action or proceedin9' oroug against
from such party. the indemnifying part3 covenants to defend
satisfactory to the oth~ party, unless suc~ action or procee(:ling
negligence of both partie~, in which case bo~ parties shall share
/
15. DAMAGE OR DESTRUCTION. /{f the Premises is damaged
casualty, Landlord shall repair and restgh~ the Premises to a good
cam the entire Premises is untenantable, or shall abate pm rate for the
is untenantable, until the Premises Is ~tomcl to a tenantable cond'diae.
required to be done under this SectiOn 15 with reasonable pmmplness
INDEMNrrY. ~pt as othef~dse ag party agrees to indemnify and save the other party
of eve[y kind whatsoever, including reasonable
party's wrongful act or negligence in or about the
party by reason of any such claim, upon notice
Jch action or proceeding by counsel reasonably
Illeges the joining or concurring wrongful act or
in the defense of such action or proceedings.
~r destroyed in whole or in part by tim or oth~'
oondition. All rent shall wholly abate in
rendered untenantable in case a pad mW
d shall commence and complete all work
diligence. In the event Landlord reiNam or
restores the Premises, the mm due bncler this Lease shall be abeteel or proportionately during any period which,
by reason of such damage m' d~on, them is any interference ~ the ~ation of the lousiness of Tenam. Tenant
shall not be liable to Landlord f~o~ damage to the PTemises caused by fire'~or other risks embraced within Landlord's
insurance coverage, whether or/~ot the same is due to the negrogent act or ~mlsslon of Tenant. ff Lancllord does not
commence the repair or restoration within fifteen (15) da~s after the dama{l,e or dest~ction occum. m' if rapair or
r~storat]on will require mo~e the.n, ninety (~0) days to complete, Tenant may, at *~enant's OlSOn, terminate this Lease by
giving landlord notice of Tenant s elecUon to clo so at any time prior to the comn~encement of the repair or restoration.
In that event. this Lease shalt terminate as of the c~3te of such damage os' clestructlOn.
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09/23/97 13:33 F.~L[ 23,4 849 6220 GR.E~BOIJN]) LI.¥ES
15. CONDEMNATION. If all the Premises or a substantial portion thereof is taken by condemnation o~ under the
power of eminent domain, or sold under the threat of lhe exercise of said power (all of which called
'condemnation'), this Lease, at Tenant's sole discretioa, shall automaUcally terminate as of the condemning
authority takes title or poss~__~cm, whichever o(x;um first.
If any other taking (of the Premises or otherwise) adversely and substantially affects Tenanrs e_cce___.~, or r~ghts of
ingress or egress of or to the Premises, the~ Tenant may e~eot to terminate this Lease of date the condemning
authority takes possession. Tenants election to terminate shall be made in writing within th C30) days after Land10ffl
has give~ Tenant written notice of the taking (or in the absence of such notice, with (15) days after the
condemning authorily has taken possession). If Tenant does not terminate this Lease in ~rdance with this Secaon 16.
this Lease shall remain in full force and effect as to the perUoff of the Premises except that rent shall be
reduced in the pmp(~rtion that the m'ea taken diminishes the value and use of to Tenant. in addition.
Landlord, at its expense, shall i~'oml:~ repair an~ damage to the Prcmi.sc~ by condemnation and restore the
remainder of the Promises to the reasonable satisfaction of Tenant.
Any award or payment made upon condemnation of all or any part of the
wfiether StK~ award or payment is made as compe~safio~ for the taking of
Tenant shall be enUtled to the perUon of any such award or payment for
removable personal property, and additions. alterations and '
loss of business or the leasehold herein created or any other
reiocatlon and moving expertses. ~
17. DEFAULTS: REMEDIES.
shall be the property of Landlord.
fee or as severance damages; provided
of or damage to Tenant's trade fixtures,
to the Promises by Teaant,-and ~ its
or special damages, such as Tenanrs
(a) Defaults. The occurrence of any of the
Tenant:
constitutes a material default of this Lease by
(i) The failure by Te~am te make any pay~
Tenant hereunder, as and when due, where the
receives notice thereof from Landlord.
rent or any other payment required to be made by
for a pedod of twenty (20) days after Tenant
(iO The failure by Tenant to observe
Lease to be observed or performed by Tenant,
continues for a pedod of thirty (30) dayra
the nature of Tenant's default is such that more
shall not be deemed to be In default if Tenant
diligefitly compWte,~ the cure.
of the covenants, conditions or provisions of this
in subsection (i) above, where .the failure
thereof from Landlord; provided, however, that if
are reasonably required for its cure, then Tenant
within the thirty C30) day period and thereafter
(ii0 The making by Tenant
the filing by Tenant of a petition to have Ter
assigllm~it
arrangement for the benefit of creditms;
udicial declaration of Tenant as bankrupt_
('w) The appointment of trustee or receiver to take of substantially all Tenant's assets
Iocate~ at the Premises or of Tenant's Jr in this Lease, if possession not restored to Tenant within thirt~
(v) The attachmenL or o~er Judicial seizure
Premises or of Tenant's interest in Lease, if the seizure is not discharged
all Tenam's assets rotated at the
thirty (30) days.
(b) Remedies u~n liefauN. In the even~ of any s~ch defauR by Tenant, Landlord may,
after giving notice as provided enter iato the Premises, remove and take and hold possession
of the Premises and expel and pumue those remedies available to under the laws of the state in which
the Premises is located. shall make reasonable efforts to relet the Prc~L~e~__ or any part thereof in order to
mitigate any damages resulti~ from Tenant's defaulL ~,~
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09,23/9? 13:34 F.ILI 21t $49 6~20 GREYSOLd'bID LIN~S ~006
(c) I::~d'ault by Landlord. Landlord shall not be in default unless Landlord fails to perform any covenanta,
terms. provisions, agreements or obligations required of it within a rea~oftal~e time. ~ in no everit later than thirty (30)
days after notice by Tenant to Landlord; provicled tha~ if the nature of Landlord's obligation is such that rnom than thirty
(30) days are reasonably required for performance, the~ Landlord s/~all not be in default if Landlord commen_~__
performance wtthin the thirty (30) day period and thereafter diligently oompletes performance.
(c) Remedies u~on Landlord's DefaulL
conditions required to be performed by Landlord uncmr t'~ Lease, Tenant may,
either cure the default ant! deduct the cost thereof from r~ nt subsequently becoming
this Lease upon givir~ 30 days notice to Landlord of its imenfion to do so. In that
the date specified in the notice, unless Landlord has meanwhile cured the defaul
event that any representations and warranties set forth In I~ls Lease (Including
6 herein) shall cease to be the case, and ff Landlord shall~ have failed to
If L~ncllord tiefaults in the perform of any of the ot~gaUon~ or
~tvtng notice as provlcled above.
hereunder. or eject to terminate
this Lease shall terminate upon
the satisfaction of Tenant. In the
limited to those set for~ In Section
to cure wfthln sixty (60) days after
nonce from Tenant and thereafter diligently completes t~e cure of the sa then, excelX as sp~=,cifically provided
elsewhere in this Lease, Tenant s~aJl have the fight to terrainate this Lease notice to Landlord. Tenant may also
pursue those remedies available to it uriclet the laws o! the slate in is located.
18, HOLDING OVER. If Tenant remains In possesslor~ of the Pre~ after the ex~iratlon or termination of this
Lease, ar~ without the execution of a new Lease, Tenant sl~all be to be occupying the Prembes as a tenant
from monb%-to-month. subject to all of the conditions, pm~isions obligations of this Lease insofar as they am
applicable to a month-to-month tenancy. ~
19. NOTICES. All acceptances, approvals, consents,
permitted to be given or sent by either party to the other,
given when made in writing and delivered in po~on
addressed to the name and address set forth at the top of this
may be changed upon ten (10) days written notice to the oth~
demands of other communications required or
provided, shall be deemed to have been filly
in the United States mail, certified and postage Ixepaid,
~ase. The address and person for written communication
Irty.
20. WAIVER OF SUBROGATION. Landlord and
mutually release arKI discharge eac~ other, any o~er
located. and the officere. employees, agents.
such other tenants or occupants, from all claims,
insurance on or in connection with the Premises or
party. This release sl~aJl ap¢ly only to the extent th;
and liabili
bull~ng,
claim,
all parties ~laimlng under or through them hereby
o! the Dullcling in wfiict~ the Premises is
and business vi.~tors of LandlonJ or Tenant or
es arising from or caused by any haza~l covered by
If cause~l by the fault or negligence of a released
or liability is covered by insurance.
21. I~NVIRONMENTAL NIATTF_RS. As a
provide Tenant a copy of all exL~ng reports.
comply w~h all envimrlmental laws durlng the of the Lease,
assume any cond'eaons for any extstlng environmama materials or
agrees to indemnify, defend and hold Tenant/harmless from anti
(Including reasonable attorneys' fees) that/Tenant may incur' as a
environmental conditions. Hazardous Materials or any other
from Tenant's activRies on the Promises. ,~l'he delivery of copies of
this Section must be pmvicled to Tenant r~0t later than fourteen (14) days
/
HAZARDOUS MATERIALS. T~e term q-la7~,rdous Materials' as
asbe. stos, flammable explosives, dang~kous aubatances. pollutants.
and any other chemical, material or re)iated sul=stance exposure to which is pro
authority having jurisdiction over He Premises, any substa~lc~__ defined
materials' or 'toxic sulostan__~'es'_ in the Comprehensive Environmental Response
as amended. by Superfund Amend~ent~ and IReauthorization Act 42 U.$.C.
the effectiveness of this Lease, Landlord shall
or auras concerning me PremL_~es. Tenant will
s~all bear no ILahillt~j wfiatsoever and shall not
Materials on the Premises. Landlo~l
any anti all loss, clamage, Ilal~lty atKI ~
o[ any claim, demaed or aclion related to
laws ~ regutations not (]irec~/ resulting
~mental reports, studies or audits required in
r to the Commencement Date.
herein shall include but not be limited to
hazardous wa~es, toxic subatancea,
ibited or regulated by any governmental
· hazardous substances," 'hazardous
~mpensafion and Lial~lity Act of 19843,
]1. et seq.; the Hazardous Materials
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\
\
09/23/97 13:35 ~A/ 2~4 849 6220 GRE~'HOUA'D LIN:!~S ~007
Tmnspmlation Act, 42 U.S.C. ~901, et seq.; Clean Air Act, 42 U.S.C. §7901, et seq.; Toxic Substances Control Act, 15
U.S.C. §2601. et seq; Clean Water Act. 33 U.S.C. §1251, ~ seq; the laws, regula'Joas o~ rulings of the state in ~ the
Prenlises is located or any local ordinaglce affectillg the Prefilises; or the regulations adOl:Xed in publication promulgated
pursuant to any of such laws and o~dinances.
23. MISCFI I ~NFOUS.
(a) Sinns. Tenant may erect such signs oe the exterior or interk)r of tim as Tenant may deem
desirable {f the signs do not violate the laws, rules, or tegulaUons of the municipality i the Promises am sauated.
(b) 5ewrabilitv; Choice of Law. The~lnvalMIty or any pmvisio~ of this Lease, as
determined by a court or competent Jurisdicaon, sheIllin no way affec~ the or' tt~e remainder of this Lease or any
other pmvisio~ hereof. THIS i ~=ASE SHALL BE GOVERNED BY THE OF THE STATE IN WHICH THE
PREMlaE,5 I~ LOCATED.
(c) Entire Aqmement. This Lease and any addenda and
forth all of the covenants, promises, agreements, and cortdltions
and this Lease and them are no covenares, pm~_'_~e-~, agreements
This Lease may not be modified or amended in any mariner
hereto.
(d) Brokerage. Landlord covenants and agrees to
brokerage fees arising out of this Lease.
(e) Attorney's Fees. If either Part3f named
decJam rights hereunder, the prevailing party in any
attorney's fees m be paid by losing party as r'o(ed by the
attached hereto or to be attactmd hereto, set
bandlord and Tenant c~ncerning the Promlass
ellher oral m' w~ten, between them.
an Inslmment In writing executed by the parties
and hold Tenant harmless l~om any and all claims for
brings an actio~ b3 eafome the terms of this Lease or to
on trial or appeal, shall be earlfled to his masonable
(f) Rest St~o. If the Promises is to be
passenge~ are allowed to disembark the bus to
Acce~ibility Checidist, attached hereto as Exhibit
.Exhibit 'C', attached hereto and Incorporated herei~
aJI
· R~st Stop' by Tenant in t!~ Ruaeell's Guide in which
or meal facir~es, Landlord shall complme the
Lease s~all be subJeot to the terms and conditions of
IN W~i'NESS WHEREOF, ~ parties hereto
above written.
executed
nerJt to be effective as of the day and year first
Landlord:
Tax ID No.:
(If individual, Soc~aJ'
~3Jrity Number)
GI~'Y)-I~D UNES, IhK~.
,t
-6-
-7-
00/23/07 13:35 FAX 2X4 840 6220 (~?,EYHOUTqI) LXNES ~000
and t4~'v/nnn
EXHIBIT 'A"
to ttmt certain Lease Agreement
~ LIN~. INC.. ns Tenant
Dated .19
SITE PLAN
OR LEGAL DE,~,CRIPTION