HomeMy WebLinkAbout2000-10-03 Resolution RESOLUTION NO. 00-326
RESOLUTION TO ISSUE DANCING PERMIT
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as
provided by law is hereby granted to the following named person and at the following
described locations upon his filing an application, having endorsed thereon the certificates of
the proper city officials as to having complied with all regulations and ordinances, and having
a valid beer, liquor, or wine license/permit, to wit:
Grizzly's Southside Pub & Grill - 1210 Highland Court
It was moved by Champion and seconded by 0'Donnell that the Resolution
aS read be adopted, and upon rollcallthere were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
· X Lehman
X O' Donnell
X Pfab
X Vanderhoef
X Wilburn
Passed and approved this 3rd day of October ,20 00
CI City Attorney's Office
clerk\res\danceprm .doc
Prepared by: Madiyn Kriz, Parks & Rec, 410 E. Washington St., Iowa City, IA 52240, (319)356-5110
RESOLUTION NO. 00-327
RESOLUTION SE'I'I'ING A PUBLIC HEARING ON PLANS, SPECIFICATIONS,
FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION
OF THE MERCER PARK CONCESSION AND RESTROOM FACILITY.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA:
1. That a public hearing on the plans, specifications, form of contract, and estimate of cost
for the construction of the above-mentioned project is to be held on the 17t" day of
October, 2000, at 7:00 p.m. in the Council Chambers, Civic Center, Iowa City, Iowa, or if
said meeting is cancelled, at the next meeting of the City Council thereafter as posted by
the City Clerk.
2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing
for the above-named project in a newspaper published at least once weekly and having a
general circulation in the City, not less than four (4) nor more than twenty (20) days before
said hearing.
3. That the copy of the plans, specifications, form of contract, and estimate of cost for the
construction of the above-named project is hereby ordered placed on file by the City
Engineer in the office of the City Clerk for public inspection.
Passed and approved this 3rd day of October ,2000.
- .
MAYOR
Approved by
C Office
It was moved by Champion and seconded by 0"Donnel 1 the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
X O'Donnell
X Pfab
X Vanderhoef
X Wilburn
parksredres/mercercon.doc
/V~,,, 10-03-00
4f(1)
Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5246
RESOLUTION NO. 00-328
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST
TO THE RELEASE OF LIENS REGARDING TWO REHABILITATION AGREEMENTS AND
THREE PROMISSORY NOTES AND THREE MORTGAGES FOR THE PROPERTY
LOCATED AT 1531 PLUM STREET, IOWA CITY, IOWA.
WHEREAS, on July 9, 1993, the owner of 1531 Plum Street executed a Rehabilitation
Agreement, a Mortgage and a Promissory Note through the City's Housing Rehabilitation
Program for the amount of $2,180; and
WHEREAS, on September 16, 1994, the owner executed another Rehabilitation Agreement,
two Promissory Notes with a one time 5% interest fee, and two Mortgages through the City's
Housing Rehabilitation Program for the amount of $17,600; and
WHEREAS, the total amount of the loans ($20,660) was paid off on September 15, 2000; and
WHEREAS, it is the City of Iowa City's responsibility to release these liens.
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 1531
Plum Street, Iowa City, Iowa from the Rehabilitation Agreement, the Promissory Note and the
Mortgage recorded on July 23, 1993, Book 1585, Page 289 through Page 300; and from the
Rehabilitation Agreement, the two Promissory Notes, and the two Mortgages recorded on
September 26, 1994, Book 1816, Page 99 through Page 118 of the Johnson County Recorder's
Office.
Passed and approved this 3rd day of October ,20 00
MAYOR
Approved by
CITY~'CLERK 'i y or~'~
ppdrehab\res\1531 plum.doc
Resolution No. 00-328
Page 2
It was moved by Champion and seconded by 0'Donnel 1 the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
X O'Donnell
X Pfab
X Vanderhoef
X Wilburn
Prepared by: Liz Osborne, CD Division, 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 1531 Plum Street, Iowa City, Iowa,
and legally described as follows:
Lot one hundred eighty-nine (189) in Part Five, Plum Grove Acres Subdivision, Iowa
City, Iowa, according to the plat thereof recorded in Plat Book 2, Page 77A, Plat
Records of Johnson County, Iowa.
from an obligation of the owner, Sharon Lisa Wright, to the City of Iowa City in the total amount
of $20,660 represented by the Rehabilitation Agreement, the Promissory Note and the
Mortgage recorded on July 23, 1993, Book 1585, Page 289 through Page 300; and from the
Rehabilitation Agreement, the two Promissory Notes, and the two Mortgages recorded on
September 26, 1994, Book 1816, Page 99 through Page 118 of the Johnson County Recorder's
Office.
This obligation has been satisfied and the property is hereby released from any liens or clouds
MAYOR
Approved by
City Attorney's Office
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this 5 ''-~-~- day of (~)~-~J~, ,~ , A.D. 20 c>o , before me, the under-
signed, a Notary Public in and for said County, in said State, personally appeared Ernest W.
Lehman and Marian 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. O(.)-~)~ adopted by the City
Council on the .~ ~ day~ F__.)c_~L~,(,,~ ~, , 20 Z3~::) and that the said Ernest W.
Lehman 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, low
Ppdrehab\1531plumrel.doc 't/rl~ (l ~,.,:r.y,_. f2"-~pT.rf.Z~ :
Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5246
RESOLUTION NO. 00-329
RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO
ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND
HILLS BANK AND TRUST COMPANY, HILLS, IOWA, FOR PROPERTY LOCATED AT '1664
DICKENSON LANE, IOWA CITY, IOWA.
WHEREAS, the City of Iowa City is the owner and holder of an Agreement, a Promissory Note,
and Mortgage in the amount of $61,400, executed by the owner of the property on February 12,
1998 and recorded on February 27, 1998, in Book 2429, Page 203 through Page 224, in the
Johnson County Recorder's Office covering the following described real estate:
Lot 86, South Pointe Addition, Part 5, Iowa City, Iowa, according to the plat thereof
recorded in book 33, Page 312, Plat Records of Johnson County, Iowa
WHEREAS, Hills Bank and Trust Company, has refinanced a first mortgage in the amount of
$94,250 to the owner of the improvements to 1664 Dickenson Lane and to secure the loan by a
mortgage covering the real estate described above; and
WHEREAS, it is necessary that the Mortgage held by the City be subordinated to the lien of the
proposed mortgage in order to induce Hills Bank and Trust Company to make such a loan; and
WHEREAS, Hills Bank and Trust Company has requested that the City execute the attached
subordination agreement thereby making the City's lien subordinated to the lien of said
Mortgage with Hills Bank and Trust Company; and
WHEREAS, there is sufficient value in the above described real estate to secure the City' lien as
a second lien.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA that the Mayor is authorized to execute and the City Clerk to attest the
subordination agreement between the City of Iowa City and Hills Bank and Trust Company,
Hills, Iowa.
Passed and approved this 3r`d day of October' ,20 00
~--- M,~yO~2.~"~--
Approved by
City Attorney's Office
ppdrehab~res\1664dickenson.dec
Resolution No. 00-329
Page 2
It was moved by Champ i on and seconded by 0'Donne'l '1 the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
X O'Donnell
X Pfab
X Vanderhoef
X Wilburn
eLFILE. D NO.
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Prepared by: Douglas D. Ruppert, 122 South Linn Street, Iowa Ci~, IA 52240, (319) 338-9222
SUBORDINATION AGREEMENT
THIS AGREEMENT is made by and between the City of Iowa City, Iowa,
(hereinafter "City") and Hills Bank and Trust Company, Hills, Iowa, (hereinafter "Hills
Bank").
WHEREAS, City is a party to an agreement between City and Greater Iowa City
Housing Fellowship for the use of Community Development Block Grant Funds and
Home Investment Partnership Funds dated June 30, 1999 and recorded July 8, 1999 in
Book 2778, Page 309, Miscellaneous Records of Johnson County, Iowa; and
WHEREAS, City is also the mortgagee of a mortgage which, at this time, secures
an indebtedness of $61,400.00 and was executed by Greater Iowa City Housing
Fellowship dated February 12, 1998 and recorded February 27, 1998 in Book 2429,
o' Page 221, Mortgage Records of Johnson County, Iowa, encumbering the following
described real estate:
LOT 93, SOUTH POINTE ADDITION, PART 5, IOWA CITY,
IOWA, ACCORDING TO THE PLAT THEREOF
RECORDED IN BOOK 33, PAGE 312, PLAT RECORDS OF
JOHNSON COUNTY, IOWA.
WHEREAS, Hills Bank intends to loan $ 94,250.00 to Pieter and Sarah Elzinga,
husband and wife, to purchase the building and improvements on said real estate. Said
loan to be secured by a mortgage to be executed by the Elzingas; and
WHEREAS, to induce Hills Bank to make such a loan, it is necessary that the
above-described mortgage and agreement held by City be subordinated to the lien of
the mortgage proposed to be made by the Elzingas to Hills Bank.
000237
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS
AND PROMISES OF THE PARTIES HERETO, THE PARTIES AGREE AS FOLLOWS:
1. City agrees that its mortgage and agreement described above shall be
subordinated in lien status to the lien of the mortgage to be executed' by the Elzingas in
favor of Hills Bank. The Elzinga mortgage to Hills Bank shall constitute a superior and
prior lien to the agreement and mortgage on the real estate held by City.
2. City acknowledges receipt of $150.00 and other good and valuable
consideration for the subordination of its mortgage lien described herein.
3. Once the Elzinga mortgage to Hills Bank is executed and recorded, City
agrees to execute Exhibit "A" attached hereto once it is completed for recording in the
Johnson County, Iowa, Recorder's Office.
4. This Agreement shall be binding upon and inure to the benefit of the
respective heirs, legal representatives, successors in interest and assigns of the parties
hereto.
October
,,y ooo. CORPORATE SEAL
CITY OF IOWA CITY, IOWA
~ ~orn~'s ~ Attest:
,~"~""~- HILLS BANK AND TRUST COMPANY,
/' .""' "' ~:'' "~"':"" Hills, Iowa
::5 :?':"'-' -:(
,. ,......//~o~= ,,~ ~'~
W~ll~am A. Stewart, ~econd V~ce President
2 000238
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this -,5--"' day of August, 2000, before me, the undersigned, a Notary Public in
and for said County, in said State, personally appeared Ernie Lehman and Marian 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 municipal corporation;
that said instrument was signed and sealed on behalf of said municipal corporation by
authority of City Council of said municipal corporation; and that the said Ernie Lehman
and Marjan K. Karr acknowledged the execution of said instrument to be the voluntary act
and deed of said municipal corporation by it and by them voluntarily executed.
STATE OF IOWA )
NOTARIAL SEAL'
JOHNSON COUNTY )
October
On this 5th day of ~, 2000, before me, the undersigned, a Notary Public in
and for the State of Iowa, personally appeared Roger J. Reilly and
William A. Stewart , to me personally known, who being by me duly sworn,
did say that they are the Vice President and Second Vice President ·
respectively, of the corporation executing the within and foregoing instrument; that the
seal affixed thereto is the seal of the corporation; that said instrument was signed and
sealed on behalf of the corporation by authority of its Board of Directors; and that the said
Roger J. Reill-y and ~/illiam A. Stexaar~: as officers
acknowledged the execution of the foregoi ' trument to be t~ol, untary act and deed
of said corporation, by it and by them volu y, ted.
W~ Barbara J. Cah 11
· ' ' /20/02
3 0002 9
EXHIBIT "A'
SUBORDINATION AGREEMENT
The undersigned, City of Iowa City, Iowa, an Iowa municipality, hereby
subordinates its existing real estate mortgage and agreement executed by Greater Iowa
City Housing Fellowship dated February 12, 1998 and recorded February 27, 1998 in
Book 2429, Page 221, Mortgage Records of Johnson County, Iowa, and dated June 30,
1999 and recorded July 8, 1999 in Book 2778, Page 309, Miscellaneous Records of
Johnson County, Iowa, respectively, to a mortgage executed by Pieter Elzinga and Sarah
Elzinga, husband and wife, in favor of Hills Bank and Trust Company, Hills, Iowa,
· which mortgage is dated August 3, 2000 and was recorded August Z~ , 2000 in
BoolQqc/~, Page (g'2~, Mortgage Records of Johnson County, Iowa. This document
is evidence to the fact that the above-referenced mortgage in favor of the City of Iowa
City, Iowa, constitutes a second mortgage, inferior in lien status to the above-referenced
mortgage in favor of Hills Bank and Trust Company, Hills, Iowa.
CITY OF IOWA CITY, IOWA
Marian K. Karr, City Clerk
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this 5 r~t day of-August, 2000, before me, the undersigned, a Notary Public in
and for said County, in said State, personally appeared Ernie Lehman and Marian 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 municipal corporation;
that said instrument was signed and sealed on behalf of said municipal corporation by
authority of City Council of said municipal corporation; and that the said Ernie Lehman
and Marian K. Karr acknowledged the execution of said instrument to be the voluntary act
and deed of said municipal corporation by it and by them voluntarily executed.
NOTARIAL SEAL
Notary Public in and for the State of Iow
0001 40
Prepared by: Marilyn Kdz, Admin. Secy., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5110
RESOLUTION NO. 00-330
RESOLUTION ACCEPTING THE WORK FOR THE WILLOW CREEK TRAIL PHASE II
IMPROVEMENT PROJECT
WHEREAS, the Engineering Division has recommended that the work for construction of the
Willow Creek Trail Phase II Improvement Project, as included in a contract between the City of
Iowa City and Peterson Contractors Inc. of Reinbeck, Iowa, dated July 27, 1999, be accepted;
and
WHEREAS, the performance and payment bond has been filed in the City Clerk's office.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa.
Passed and approved this 3~'d day of 0clsobe~' ,20 00
Approved by
It was moved by Champion and seconded by 0' Donne] '1 the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
X O'Donnell
X Pfab
× Vanderhoef
X Wilburn
parksrec~res~willowcr~*ll.doc
Prepared by: Maggie Grosvenor, Hsg. Administrator, 410 E. Washington St., Iowa City, IA 52240 319-356-5407
RESOLUTION NO. 00-331
RESOLUTION APPROVING THE PUBLIC HOUSING ASSESSMENT SYSTEM
MANAGEMENT OPERATIONS CERTIFICATION OF THE IOWA CITY HOUSING
AUTHORITY FOR FY00.
WHEREAS, the Public Housing Assessment System (PHAS) implements 42 U.S.C. §1437d(j)
and evaluates the performance of public housing agencies (PHAs) in major areas of management
operations; and
WHEREAS, the Department of Housing and Urban Development requires formal approval of a
written certification showing compliance with federal regulations; and
WHEREAS, said written certification is on file in the office of the Housing Administrator; and
WHEREAS, it is in the best interest of the City of Iowa City to continue participation in the Public
Housing Program.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, in its capacity as the City of Iowa City Housing Authority that the PHAS Certification
be approved.
Passed and approved this 3rd day of October ,2000.
'"MA'YOR ' '
APP :L ·-o
City Attorney's Office
It was moved by Champion and seconded by 0'Donnell the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
~ O'Donnell
X Pfab
X Vanderhoef
X Wilburn
g:\data~wpdata~hisassfires~phascer, doc
10~3~0
6g
Prepared by: Scott Kugler, Associate Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5243
RESOLUTION NO. 00-332
RESOLUTION APPROVING FINAL PLAT OF WINDSOR RIDGE, PART TEN-A, A RESUBDIVISION
OF A PORTION OF WINDSOR RIDGE PART TEN, IOWA CITY, IOWA.
WHEREAS, the owner, Arlington L.C., filed with the City Clerk the final plat of Windsor Ridge,
Part Ten-A, a resubdivision of a portion of Windsor Ridge Part Ten, Iowa City, Iowa, Johnson
County, Iowa; and
WHEREAS, said subdivision is located on the following-described real estate in Iowa City,
Johnson County, Iowa, to wit:
A portion of the North One-half of the Northeast Quarter of Section 18, and a portion
of the South One-half of the Southeast Quarter of Section 7, all in Township 79 North,
Range 5 West, of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa, the
boundaries of which are described as follows:
Commencing at the Northeast Corner of the Northeast Quarter of Section 18, Township
79 North, Range 5 West, of the Fifth Principal Meridian; Thence N89°12'04"W, along
the North Line of said Northeast Quarter, 657.26 feet, to the Point of Beginning; Thence
S03°45'29"W, 261.38 feet; Thence Southwesterly, 324.44 feet, along a 549.20 foot
radius curve, concave Northwesterly, whose 319.74 foot chord bears S20°40'55"W;
Thence S37°36'20"W, 29.87 feet, to a Point on the North Line of Windsor Ridge, Part
Nine, in accBrd~nce with the plat thereof Recorded in Plat Book 40, at page 42, of the
records of the Johnson County Recorder's Office; Thence NE2°23'40"W, along said
North Line 60.00 feet; Thence S37°36'20"W, along said North Line 8.00 feet; Thence
N52°23'40"W, along said North Line, 136.49 feet; Thence N31°38'01 "E, 127.08 feet;
Thence N13°39'55"E, 117.32 feet; Thence N05°27'25"E, 25.52 feet; Thence
N03°45'29"E, 332.35 feet; Thence Northwesterly, 167.75 feet, along a 2035.00 foot
radius curve, concave Northeasterly, whose 167.70 foot chord bears N79°10'23"W;
Thence N76°48'42"W, 293.93 feet; Thence Northwesterly, 301.20 feet, along a
2841.05 foot radius curve, concave Southeasterly, whose 301.06 foot chord bears
N79°50'E6"W; Thence N07°06'50"E, 85.00 feet; Thence Southeasterly, 310.21 feet,
along a ~926.05 foot radius curve, concave Southwesterly, whose 310.07 foot chord
bears S79°50'56"E; Thence S76°48'42"E, 293.93 feet; Thence Southeasterly 373.02
feet, along a 1950.00 foot radius curve, concave Northeasterly, whose 372.45 feet
chord bears S82°17'30"E; Thence S02°13'42"W, 85.00 feet; Thence Southwesterly,
38.60 feet, along a 25.00 foot radius curve, concave Southeasterly, whose 34.88 foot
chord bears S47°59'36"W; Thence S03°45'29"W, 65.34 feet, to the point of
Beginning. Said Tract of land contains 4.90 acres, more or less, and is subject to
easements and restrictions of record.
WHEREAS, the Department of Planning and Community Development and the Public Works
Department examined the proposed final plat and subdivision, and recommended approval; and
WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and
recommended that said final plat and subdivision be accepted and approved; and
O004il
Resolution No. 00-332
Page 2
WHEREAS, a dedication has been made to the public, and the subdivision has been made with
the free consent and in accordance with the desires of the owners and proprietors; and
WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of
Iowa (1999) and all other state and local requirements.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
1. The said final plat and subdivision located on the above-described real estate be and the
same are hereby approved.
2. The City accepts the dedication of the streets and easements as provided by law and
specifically sets aside portions of the dedicated land, namely streets, as not being open
for public access at the time of recording for public safety reasons.
3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and
directed, upon approval by the City Attorney, to execute all legal documents relating to
said subdivision, and to certify a copy of this resolution, which shall be affixed to the
final plat after passage and approval by law. The City Clerk shall record the legal
documents and the plat at the office of the County Recorder of Johnson County, Iowa
at the expense of the owner/subdivider.
Passed and approved this 3rd day of Oct bet , 2000.
CORPORATE SEAL
C~ty At orne
It was moved by Vantier'boer and seconded by 0' Donnel 1 the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
X O'Donnell
X Pfab
X Vanderhoef
X Wilburn
ppdadminVes~windsoffdglOA,doc
000412
STAFF REPORT
To: Planning and Zoning Commission Prepared by: Scott Kugler
Item: SUB00-0019. Windsor Ridge, Part 10A Date: September 7, 2000
Final Plat
GENERAL INFORMATION:
Applicant: Arlington, L.C.
586 Highway 1 West
Iowa City, Iowa 52246
Phone: 351-8811
Contact person: MMS Consultants
1917 S. Gilbert St.
Iowa City, IA 52240
Phone: 351-8282
Requested action: Final plat approval
Purpose: To create a 8-lot residential subdivision
with one outlot
Location: West side of Huntington Ddve, north of
Barrington Road
Size: 4.9 acres
Existing land use and zoning: Vacant, RS-5
Surrounding land use and zoning: North: Vacant, RM-12;
East: Vacant, CN-1 and OPDH-8;
South: Residential, RS-5;
West: Residential (under develop-
ment), RS-5.
Comprehensive Plan: Residential, 2-8 du/acre; neighborhood
center
Applicable Code requirements: Chapter 14-7, Land Subdivisions
File date: August 17, 2000
45-day limitation period: October 1, 2000
60-day limitation period: October 16, 2000
2
BACKGROUND INFORMATION:
The applicant, Arlington, L.C., is requesting a final plat of Windsor Ridge, Part Ten A, a
Resubdivision of a Portion of Windsor Ridge, Part Ten. The revised plat covers 4.9 acres and
includes eight residential lots located on the west side of Huntington Drive, north of Barrington
Road, as well as portions of the Court Street and Huntington Drive rights-of-way. This property
was recently platted as part of Windsor Ridge, Part Ten. Some components of the infrastructure
for Part Ten, such as Dryden Court and the pond on Outlot K, have been installed. However, the
applicant would like to begin selling residential building lots within Part Ten prior to the
construction of the portions of Court Street and Huntington Drive that were included within the
boundaries of Part Ten. As long as these streets are included as part of the plat for Part Ten,
they must be constructed or costs escrowed prior to the release of building permits for any lots
contained within the area covered by the final plat. Therefore, the applicant is requesting that
Court Street, Huntington Drive, and the residential lots that have frontage on these portions of the
streets, be re-platted as Part Ten A.
ANALYSIS:
The proposed final plat appears to be in general conformance with the City's subdivision
regulations. In addition, the plat for Part Ten A is identical to this portion of Part Ten in terms of lot
layout and street configuration. Legal papers have been submitted. Construction drawings are
not necessary since the street and infrastructure plans are not changing form those previously
approved.
The purpose of this application is to defer the development of Court Street and Huntington Drive
to a later point in time, while allowing most of the lots within Part Ten to be developed. Staff feels
that although these two streets are very important links within the neighborhood street plan, this
request is reasonable. The lots along Dryden Court and Arlington Drive, which make up the
balance of Part Ten, do not depend on these portions of Court Street and Huntington Drive for
neighborhood circulation or access. Access to these lots will be primarily from Arlington Drive to
American Legion Road to the south, and from Arlington Drive to existing portions of Court Street
to the north and west. These patterns likely would not change even if the two streets in question
were to be constructed.
Another factor that should be considered is whether or not there will still be enough incentive for
the developer to construct these streets in the future if the plat for Part Ten is divided as
proposed. In addition to the eight single-family lots included in this plat, there are three other
development parcels that will depend on one or both of these streets for access. To the north of
Court Street is a 12 acre parcel zoned Low Density Multi-Family Residential (RM-12) that requires
the extension of Court Street for access. The Neighborhood Commercial (CN-1) zone at the
future intersection of Court Street and Taft Avenue will require the extension of Court Street as
well, and would benefit greatly from the extension of Huntington Drive up to Court Street to allow
access to the commercial zone from the residential neighborhood to the south. As a condition
incorporated into a conditional zoning agreement, proposed townhouses within Part Thirteen
cannot be constructed until both of the subject street connections are completed. Due to the
amount of land yet to be developed to the east and north, the risk of these streets not being
completed within a reasonable period of time is very low. Staff feels that the request to divide Part
Ten as a means of deferring the construction of these two streets is reasonable.
3
STAFF RECOMMENDATION:
Staff recommends that SUB00-0019, a request for a final plat of Windsor Ridge, Part Ten A, an 8-
lot residential subdivision with one outlot located on the west side of Huntington Drive north of
Barrington Road, be approved, subject to the approval of legal papers prior to City Council
consideration of the plat.
ATTACHMENTS:
1. Location map.
2. Final plat.
Approved by: ~/z,2.
Robert Miklo, Senior Planner
Department of Planning and
Community Development
U:\...\word\Windsor Ridge Part 10-A
SITE LOCATION: Windsor Ridge, Part 10A SUBO0-O001 9
r Final Plat
of A Potion of windsor~r:t i~
A Resubdivision Ridge - Part Ten
P~T ~ BY: O~D~ 0~'~
M~ CO~T~ INC. ~linl~n LC. ~uilas Rup~R L ~s~Bu~ UNES ~ALL ~ ~STAL~ UND~GR~ND.
IOWA C~. ~W~ 5~40 ion City, b~ ~wa City, ~n A.) AL~G ~[ C~RT S~(T ~TAGE ~ LOT 996
L: ~ ~T~ DRIP. '
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City of Iowa City
10-03-00
Prepared by: Jeff Davidson, Asst. Planning Dir., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5252
RESOLUTION NO. 00-333
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK
TO ATTEST AN EXTENSION OF THE LISTING AGREEMENT BETWEEN THE
CITY OF IOWA CITY AND LEPIC-KROEGER REALTORS OF IOWA CITY,
IOWA FOR THE COMMERCIAL UNITS REMAINING TO BE SOLD AT TOWER
PLACE AND PARKING.
WHEREAS, the Tower Place and Parking facility has been designed with approximately 27,000
square feet of commercial space; and
WHEREAS, the City desires to extend the contract with a real estate firm which has been
marketing the sale of said commercial space; and
WHEREAS, the City has negotiated a one-year extension of the listing agreement with Lepic-
Kroeger Realtors of Iowa City, Iowa to continue marketing activities for the sale of said
commercial space; and
WHEREAS, said commercial space will continue be placed on the multiple listing service
enabling all local real estate firms to participate in the potential sale of the space.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
1. The extensions of said listing agreement attached hereto are in the public interest and are
approved as to form and content.
2. The Mayor is authorized to sign and the City Clerk to attest the attached extensions of said
listing agreement.
Passed and approved this 3~'d day of 0ctobe~' ,20 00
ATTEST:
City Attorney's Office
jccogtpVes~Jepic. doc
Resolution No. 00 - 333
Page 2
It was moved by Vanderhoef and seconded by Wi ]burn the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
X O'Donnell
X Pfab
X Vanderhoef
X Wilbum
Iowa City Area Association of REALTORS® Listing Status Change/Correction Form
PropemyAddress X Gilbert St. S., Unit 1D MLS# 9907968
Listing Office LKR Listing Agent Galer/Hanick Price $417,252
CONTINGENCY (AC) (Active StEms) PENDING (Status)
(Accepted Offer Subject to Contingencies) (Days on Market Calculated from List Date to Pending Date)
Contingent Date (Purchase Agreement Date) Pending Date
WITHDRAWAL/ C AN CE L LATI O N
SOLD STATUS (Closing Taken Place) Listing is Withdrawn
REALTOR* & Seller Signatures Required Below
Selling Office Listing is Cancelled
Selling Agent Designated REALTOR* &Seller Signatures Required Below
Buyer's Last Name EXTENSION
sale Price
Listing Expires This Date 09/29/00
Sales Terms: (Circle One)
Cash-Cash Convent-Conventional Extend Expiration Date to 09 / 29 / 01
Lease-Lease Exchange-Exchange REALTOn' &Seller Signatures Required Below
Other-Other FHANA
CTC/CTL PPC-PPC
Pending Date BACK ON THE MARKET
Closing Date (Not to Be Used to Activate an Expired Listing)
Listing is Back on Market
PRICE CHANGE Listing Expiration Date
Change Price to
REALTOR* & Seller Signatures Required Below
Use this area below to make changes to the text of a listing. If changes are extensive, use a profile sheet to indicate changes.
WITHDRAWAL - It is also hereby agreed that if said property is sold within the terms of the original listing, or any extension ther~is sold
REALTOR®'s Signature CL'~ rt- ~~/(~-,_'A-,, ,~r,.,.,c~Date i d4cy,,
within __ days after the expiration of the listing or any extension thereof, as provided in said listing, then this withdrawal agreement shall be
absolutely void and said original listing or extension thereof shall be in full force and effect. This is a withdrawal from the Service, NOT a cancellation of
the listing. (6/00)
t Iowa City Area Association of REALTORS®
; Listing Status Change/Correction Form
Property Address 22 Linn St. S., Unitl: 2~, MLS # 9907966
Listing Office LKR ListingAgent Galer/Hanick Price $466,800
CONTINGENCY (AC) (Active Slams) PENDING (Status)
(Accepted Offer Subject to Contingencies) (Days on Market Calculated from List Date to Pending Date)
Contingent Date (Purchase Agreement Date) Pending Date
WITHDRAWAL/C ANCELLATION
SOLD STATUS (closing Taken Place) Listing is Withdrawn
REALTOR" & Seller Signatures Required Below
Selling Office Listing is Cancelled
Selling Agent Designated REALTOR® &Seller Signatures Required Below
B~yees Last Nine EXTENSION
Sale Price
Listing Expires This Date 09/29/00
Sales Terms: (Circle One)
Cash-Cash Convent-Conventional Extend Expiration Date to 09 / 29 /01
Lease-Lease Exchange-Exchange REALTOR* &Seller Signatures Required Below
Other-Other FHA/VA
CTC/CTL PPC-PPC
Pending Date BACK ON THE MARKET
Closing Date (Not to Be Used to Activate an Expired Listing)
Listing is Back on Market
PRICE CHANGE Listing Expiration Date
Change Price to
REALTOR* & Seller Signatures Required Below
Use this area below to make changes to the text of a listing. If changes are extensive, use a profile sheet to indicate changes.
REALTOR*'s Signature
WITHDRAWAL - It is also hereby agreed that if said property ii Sold within the terms of the original listing, or any extension thereo-t, or is sold
within ~ days after the expiration of the listing or any extension thereof, as provided in said listing, then this withdrawal agreement shall be
absolutely void and said original listing or extension thereof shall be in full force and effect. This is a withdrawal from the Service, NOT a cancellation of
the listing. (6/~)
Iowa City Area Association of REALTORS® Listing Status Change/Correction Form
Property Address 2 Linn Sb. S. , Unit 1G MLS# 9907964
Listing Office LKR Listing Agent Galer/Hanick Price $ 313,024
CONTINGENCY (AC) (Active Stares) PENDING (Stares)
(Accepted Offer Subject to Contingencies) (Days on Market Calculated from List Date to Pending Date)
Contingent Date (Purchase Agreement Date) Pending Date
WITHDRAWAL/C AN CELLATI O N
SOLD STATUS (Closing Taken Place) Listing is Withdrawn
REALTOR* & Seller Signatures Required Below
Selling Office Listing is Cancelled
Selling Agent Designated REALTOR* &Seller Signatures Required Below
Buyer's Last Name EXTENSION
sale Price
Listing Expires This Date09/29/00
Sales Terms: (Circle One)
Cash-Cash Convent-Conventional Extend Expiration Date to09/29/01
Lease-Lease Exchange-Exchange REALTOR* &Seller Signatures Required Below
Other-Other FHA/VA
CTC/CTL PPC-PPC
Pending Date BACK ON THE MARKET
Closing Date (Not to Be Used to Activate an Expired Listing)
Listing is Back on Market
PRICE CHANGE Listing Expiration Date
Change Price to
REALTOR* & Seller Signatures Required Below
Use this area below to make changes to the text of a listing. If changes are extensive, use a profile sheet to indicate changes.
Signatures o5 Sellers~e cha~~o tthdrawals/cancellations.
WITHD~WAL - It is also hereby agreed that if said propeay is sold within the te~s of the original listing, or any extension thereof, or is sold
within __ days a~er the expiration of the listing or any extension thereof, as provided in said listing, then this withdrawal agreement shall be
absolutely void and said original listing or extension thereof shall be in full force and effect. This is a withdrawal from the Service, NOT a cancellation of
the listing. (6/~)
Iowa City Area Association of REALTORS® Listing Status Change/Correction Form
Property Address 355 Iowa i~ve. E., Unit; 1C MLS# 9907967
Listing Office LKR ListingAgent Galer/Hanick Price $558,350
CONTINGENCY (AC) (Active Stares) PENDING (stares)
(Accepted Offer Subject to Contingencies) (Days on Market Calculated from List Date to Pending Date)
Contingent Date (Purchase Agreement Date) Pending Date
WITHD RAWAL/C AN CE LLATI O N
SOLD STATUS (Closing Taken Place) Listing is Withdrawn
REALTOR* & Seller Signatures Required Below
Selling Office Listing is Cancelled
Selling Agent Designated REALTOR* &Seller Signatures Required Below
Buyer's Last Name EXTENSION
sale Price
Listing Expires This Date 09/29/00
Sales Terms: (Circle One)
Cash-Cash Convent-Conventional Extend Expiration Date to 09/29/01
Lease-Lease Exchange-Exchange REALTOR* &Seller Signatures Required Below
Other-Other FHA/VA
CTC/CTL PPC-PPC
Pending Date BACK ON THE MARKET
Closing Date (Not to Be Used to Activate an Expired Listing)
Listing is Back on Market
P RICE CHANGE Listing Expiration Date
Change Price to
REALTOR® & Seller Signatures Required Below
Use this area below to make changes to the text of a listing. If changes are extensive, use a profile sheet to indicate changes.
WITHDRAWAL - It is also hereby agreed that if said property is sold within the terms of the original listing, or any extension thereof, or is sold
within days after the expiration of the listing or any extension thereof, as provided in said listing, then this withdrawal agreement shall be
absolutely void and said original listing or extension thereof shall be in full force and effect. This is a withdrawal from the Service, NOT a cancellation of
the listing.
(6/00)
Iowa City Area Association of REALTORS® Listing Status Change/Correction Form
PropeayAddress 1 Gilbert St. S. , Unit 1D MLS# 9907968
G i m NG (s
(Accepted Offer Subject to Contingencies) (Days on Market Calculated from L~f~te to Pending Date)
Contingent Date (Purchase Agreement te) Pending Date
WITHD AL/CANCEL:
SO STATUS
(Closing Taken Pla e) Lis' ' W'thd
· REALTOR" e er i natures Required Below
B~,yer's h~t Nm~ S I O N
Sale Price
Li Expires This Date09/29/00
Sales Terns: (Circle One)
Cash-C~h Convent-Conventional Extend piration Date to 09/29/01
Le~e-Lease Exchange-Exchange E~TOR* Seller Signa~es Required Below
Other-O~er FH~A
CTC/CTL PPC-PPC
Pen~ng Date BACK O THE MAR~T
Closing Date ~ot to Be Used to Ac ~ate an Expired Listing)
' ' 's Back on Market
P~CE CHANGE Listing Expiration Datg~
Change Price to
EALTOR" & Seller Signatures :uired Below
Use this ~ea below~chages to ~e text of a listing. If changes ~e extensive, use a profile sheet to ~aicate chages.
required: Price changes/extensions/with~wals/cancellations.
REALTi s Signature ( '~ ~ I _
WITHD~WAL - It is also hereby ag~ed that if said prope~y is sold within the te~s of the original listing, or any extension theis sold
within __ days a~er the expiration of the listing or any extension thereof, as provided in said listing, then this withdrawal agreement shall be
absolutely void and said original listing or extension thereof shall be in full force and effect. This is a withdrawal from the Se~ice, NOT a cancellation of
the listing. (6/00)
Iowa City Area Association of REALTORS® Listing Status Change/Correction Form
PropeayAddress 22 Linn St. S., Unit. 2A MLS# 9907966
Listing Office LKR ListingAgent Galer/Hanick Price $466,800
(AC) (Active Status)
PENDING (stas)
(Accepted Offer Subject to Contingenci (D y M k t C 1 I t d ~ L t D t
a s on are a cua e rom is a e en in a e
gDt)
Contingent Date (Purchase A Date)
Pending Date /
/
/,~
WITHDRAWAL/C ANCELLATION
SOLD STATUS (closing Place) Listing is Withg~awn
/
REALTOR® & Seller Signature/Required Below
Selling Office Listing is C/~ncetled
Selling Agent Designated REALTOR* ySeller Signatures Required Below
Buyer's Last Name
EXTENS ON
Sale Price
Listing Expir s This Date 09/29/00
Sales Terms: (Circle One)
Cash-Cash Convent-Conventional tend Ex ration Date to 09 / 29 / 01
Lease-Lease Exchange-Exchange
g m s Requ ed Bel
Other-Other FHANA · i nare ir ow
CTC/CTL PPC-PPC
Pending Date ON THE MARKET
Closing Date (N, an Expired Listing)
isting is Back on Market
PRICE CHANGE Listing Expiratio Date
Change Price to
REALTOR* & Seller Signatures Required Below
Use this area below to make changes to the text are extensive, use a profile sh et to indicate changes.
WITHDRAWAL - It is also hereby agreed that if said prope ithin the terms of the original listing, or any extension th o
within __ days after the expiration of the listing or any extension thereof, as provided in said listing, then this withdrawal agreement shall be
absolutely void and said original listing or extension thereof shall be in full force and effect. This is a withdrawal from the Service, NOT a cancellation of
the listing.
Iowa City Area Association of REALTORS® Listing Status Change/Correction Form
Property Address 2 Linn St. S. , Unit 1G MLS# 9907964
Listing Office LKR Listing Agent Ga*er/Hani ck Price $ 3 13,0 24
CONTINGEN ,Y (AC) (Active Stares)
PENDING (Stares)
(Accepted Offer Subject to Continge ies) ~)ays on MaXet a cu ate rom ' t ate to Pending Date)
Contingent Date (Purchase A cement Date) ending D tec 1 m d f~
/
WITHD RA~AL/C AN C E LLATI O N
SOLD STATUS (Closing aken Place) Listin~A's Withdrawn
REALTOR* & Sell/Signatures Required Below
Selling Office is I tg iS ancelled
~i L~~~S~I1 Sg R q dB 1
Selling Agent esi hate ~ · e er i natures e uire eow
Buyer's Last Name
a e rice
SSC~~7~hh Expires This Date 09/29/00
s: (Circle
Expiration Date to 09/29/01
Lease-Lease Exchange-Exchange
Other-Other FHANA Seller Signatures Required Below
CTC/CTL PPC-PPC
Pending Date ?K ON THE MARKET
Closing Date (Not to Used to Activate an Expired Listing)
Listing is Back on Market
PRICE CHANGE Listing Expi ion Date
Change Price to
REALTOR* & Seller Signatures Required Below
Use this area below to make changes to the text listing. If changes ' , ' ' .
are exten m&cate changes
Signatures of Sellers/REALTORS* Price changes/extensions/withdrawals/cancellations.
Sellers' Signatures ~ Date (
REALTOR"s Signature '~~ if-, /L'&,,~-,',~4 Dateq {
WITHDRAWAL - It is also hereby agreed that if said property is sold within the terms of the original listing, or any extension thereof, or is sold
within ~ days after the expiration of the listing or any extension thereof, as provided in said listing, then this withdrawal agreement shall be
absolutely void and said original listing or extension thereof shall be in full force and effect. This is a withdrawal from the Service, NOT a cancellation of
the listing.
(61001
Iowa City Area Association of REALTORS® Listing Status Change/Correction Form
Property Address 355 Iowa Ave. E., Unit; 1C MLS# 9907967
Listing Office LKR Listing Agent Galer/Hanick Price $558,35O
(Active Stares)PENDING (Stares) te~
(Accepted Offer Subject to (Days on Market Calculated from List Da ' Date)
Contingent Date (Purchase A Date) Pending Date /
SOLD STATUS Place) Listing is
REALTOR* & Seller Si Required Below
Selling Office Listi is Cancelled
Selling Agent Desi &Seller Signatures Required Below
Buyer's Last Name
EX'
Sale Price %
Expires This Date 09/29/00
Sales Terms: (Circle One)
Cash-Cash Convent-Conventional Expiration Date to 09/29/01
Lease-Lease Exchange-Exchange &Seller Signatures Required Below
Other-Other FHA/VA \
CTC/CTL PPC-PPC
Pending Date ON THE MARKET
closing Date ~ot to Be ed to Activate an Expired Listing)
Listing is Back on Market
PRICE CHANGE Listing Date
Change Price to
REALTOR' & Seller Signatures Required
Use this area below to make chan text of a listing. If changes are extensive, use a ate changes.
Signatures of aired: Price changes/extensions/withdrawals/cancellations.
Sellers' Signatures ~ Date d[44/s.~
REALTOR®'s Signature ~, ~,. ~/ff,~-'~/'~. 'vd'~Date ~
WITHDRAWAL - It is also hereby agreed that if said property is sold within the terms of the original listing, or any extension thereof, or is sold
within ~ days after the expiration of the listing or any extension thereof, as provided in said listing, then this withdrawal agreement shall be
absolutely void and said original listing or exteOsion thereof shall be in full force and effect. This is a withdrawal from the Service, NOT a cancellation of
the listing.
(6/00)
Prepared by: Andy Matthews, Asst. City Atty., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO. 00-334
RESOLUTION APPROVING, AUTHORIZING AND DIRECTING THE MAYOR
TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND
BETWEEN THE CITY OF IOWA CITY AND OLD CAPITOL MALL
ASSOCIATES, L.P, FOR A GROUND LEASE FOR THE WASHINGTON
STREET TRANSIT INTERCHANGE PROJECT.
WHEREAS, the City of Iowa City wishes to build a transit information center on the south side of
the Downtown Transit Interchange on Washington Street between Capitol Street and Clinton
Street to provide route and scheduling information and a pass sales outlet, and an office area
and restrooms for transit staff; and
WHEREAS, the land upon which such a structure would be built is owned by Old Capitol Mall
Associates, L.P.; and
WHEREAS, the parties have negotiated a ground lease which would permit the City of Iowa City
to build such a facility; and
WHEREAS, it would be in the best interests of the City of Iowa City to enter into said agreement
and to build such a facility to serve transit users and transit staff.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA that the Ground Lease Agreement by and between the City of Iowa City, Iowa and
Old Capitol Associates L.P., attached hereto and made a part hereof, is in the public interest,
and hereby approved as to form and content; and
BE IT FURTHER RESOLVED THAT the Mayor and the City Clerk are hereby authorized and
directed to execute and attest, respectively, said Agreement for and on behalf of the City of
Iowa City.
Passed and approved this 3rd day of .,./~tober ,2000.
MAYOR
Approved by
ATTEST:CITY CLERK City',~,tt~n~Y'~
Andy\res\businterch9-28 .doc
Resolution No.00-334
Page 2
It was moved by Vanderhoef and seconded by O' Donne'l ] the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
X O'Donnell
X Pfab
X Vanderhoef
X Wilburn
GROUND LEASE AGREEMENT
TABLE OF CONTENTS
Article I
Demise and Term ...............................................................................1
Article II
Rent ....................................................................................................2
Article 111
Records and F;ooks of Accounts ........................................................3
Article IV
Audit ...................................................................................................3
Article V
Construction of Building and Other Improvements ........................... 3
Article VI
Conduct of Business ...........................................................................6
Article VII
hnpositions .........................................................................................7
Article VIII
Marketing Fund ..................................................................................8
Article IX
Common Area ....................................................................................8
Article X
Utility Services ...................................................................................8
Article XI
Signs ...................................................................................................9
Article XII
Repairs, Maintenance, and Compliance with Law ............................. 9
Article XIII
Insurance and Liability .......................................................................9
Article XIV
Damage, Destruction, and Restoration .............................................10
Article XV
Condemnation ..................................................................................11
Article XVI
Assignment, Subletting, and Encumbering Lease ............................ 11
Article XVII
Subordination and Attornment .........................................................13
Article XVIII
Defaults ............................................................................................13
Article XIX
Rights of Landlord ............................................................................15
Article XX
End of Term ......................................................................................15
Article XXI
Covenant of Quiet Enjoyment ..........................................................16
Article XXII
Miscellaneous ...................................................................................16
EXHIBITS
Exhibit "A" Site Plan of the Shopping Center
Exhibit "B" Legal Description of the Demised Premises
Exhibit "C" Concept Layout Drawing
Exhibit "D" Commencement and Termination Date Declaration
Exhibit "E" Delivery Date Certificate
Exhibit "F' Sign Criteria
GROUND LEASE
THIS GROUND LEASE ("Lease") is made and entered into this day of ,20 by
and between Old Capitol Mall Associates, L.P., c/o Madison Realty Group, Inc., hereinafter called
"Landlord". with an office located at 437 Grant Street, Suite 1600, Pittsburgh, Pennsylvania, 15219,
and the City of Iowa City, whose address for the purpose of this lease is 410 E. Washington Street,
Iowa City, Iowa 52240. hereinafter called "Tenant".
ARTICLE I
DEMISE AND TERM
Section 1.01. Purpose. Landlord owns that certain parcel of real property containing approximately
1700 square feet and located within the commercial retail development commonly known as Old
Capitol Town Center (the "Shopping Center") as shown on the site plan attached hereto and
incorporated herein as Exhibit "A". Tenant desires to lease said parcel of real property from
Landlord and to construct and develop thereon a one-story commercial (non-retail) building
containing approximately six hundred (600) square feet of floor area (the "Building") on the terms
and conditions set forth herein.
-\
Section 1.02. Demise. Landlord, in consideration of the Rent to be paid and the covenants to be
performed by Tenant hereunder, does hereby demise and lease to Tenant, and Tenant does hereby
rent and lease from Landlord, said parcel outlined on Exhibit "A" of real property situated in the City
of Iowa City, County of Johnson, and State of Iowa, as more fully described in Exhibit "B", attached
hereto and made a part hereof, together with the Building and all other improvements constructed
thereon pursuant to the terms contained herein (the "Demised Premises"), subject to the covenants,
restrictions, and easements of record and the terms and provisions of this Lease. A Concept Layout
Drawing depicting the Demised Premises, together with the Building, is attached hereto and made a
part hereof as Exhibit "C".
Section 1.03. Term. The term of this Lease shall be for a period of forty (40) years, commencing
upon the Commencement Date, as defined in Section 1.04 hereof, and terminating forty (40) years
thereafter, unless extended or earlier terminated as provided herein (the "Lease Term" and/or
"Term"). If requested by Landlord, upon the Commencement Date of the Term, or at any other time,
Tenant shall execute a Commencement and Termination Date Declaration substantially in the form
attached hereto as Exhibit "D".
Section 1.04. Commencement Date.
(a) The date upon which the Tenant shall obligated to open for business and commence
the payment of Rent shall be known as the "Commencement Date" and shall occur on
the earlier of the following dates:
(i) The date Tenant opens for business; or
(ii) Upon the expiration of a one hundred twenty (120) day period, hereinafter
referred to as Tenant's "Building Period", following the Pad Delivery Date, as
defined in Section 1.05 hereof,
(b) Should Tenant's obligation to pay Rent commence on a day other than the first day of
a calendar month, the Commencement Date shall be the first day of the calendar
month next following and the Tenant shall be liable for Rent due for such previous
partial month on a per diem basis. Payment of said Rent shall be due and payable on
the Commencement Date.
Section 1.05. Pad Delivery Date. Landlord shall give Tenant prior notice of the projected date on
which Landlord's Work, as defined herein, will be substantially completed and the Demised Premises
will be available to Tenant for the performance of Tenant's Work, as defined herein. On the day
Landlord's Work is substantially completed and the Demised Premises are ready for Tenant to begin
its work, Landlord shall execute a Pad Delivery Date Certificate substantially in the form of Exhibit
"E", attached hereto and made a part hereof. The date specified in such Certificate as the date on
which the Demised Premises have been delivered to Tenant shall be the "Pad Deliver Date".
TenantfJ, f___
Landlord ~
In the event Landlord shall be unable to deliver possession of the Demised Premises to Tenant for
any cause ~vhatsoever, the Rent shall not commence until the date set forth in Section 1.04 hereof.
Tenant agrees to accept such abatement of Rent as liquidated damages in full satisfaction for the
failure of Landlord to deliver possession on time or complete failure of delivery of possession, to the
exclusion of all rights and claims for damage which Tenant otherwise may have suffered as a result
of Landlord' s delayed or complete failure of delivery of possession.
Section 1.06. Option to Renew. As additional consideration for the Rent and covenants to be paid
and performed by Tenant, Tenant is hereby given the option to extend this Lease for one (1)
additional, independent, consecutive period of forty (40) years each ("Renewal Term"), provided that
'Fenant gives Landlord written notice of its intent to exercise any such option not less than six (6)
months prior to the expiration of the immediately preceding Term of this Lease. In the event Tenant
fails to exercise any such option within said time period, such option shall expire and all subsequent
options granted herein, if any, shall become null and void. Provided, however, that the granting of
said option(s) shall, at Landlord's election, be voidable should Tenant be in default in the
performance of any of its obligations under the terms of this Lease upon the date of exercise of said
option by Tenant. The terms, covenants, and conditions of each Renewal Term shall be the same as
the terms, covenants, and conditions of this Lease, except for the following modifications:
(a) The Tenant shall have no further right of renewal after the expiration of the last
Renewal Term.
(b) During and for each Renewal Term, Tenant shall pay Minimum Rent in accordance
with the following Schedule:
Renewal Term Annual Minimum Rent Monthly Minimum Rent
Years 1-40 One and 08/100 Dollars ($1.08) Zero and 9/100 Dollars ($0.09)
Section 1.07. Lease Year. The term "Lease Year", as used herein, shall mean each consecutive
twelve (12) month period, comprising the Lease Term or any renewal thereof. The first Lease Year
shall begin on the Commencement Date, as defined in Section 1.04 hereof, and continue for twelve
(12) full calendar months thereafter. Each succeeding Lease Year shall commence on the anniversary
date of the first Lease Year.
ARTICLE II
RENT
Section 2.01. Minimum Rent.
(a) For and during each Lease Year of the Term of this Lease, Tenant hereby covenants
and agrees to pay to the Landlord, in equal monthly installments in advance, on the
first day of each and every calendar month, without deduction or set-off and without
demand, at Landlord's office or such other place as Landlord may, from time to time,
designate, Minimum Rent for the Demised Premises in accordance with the following
schedule:
Lease Years Annual Minimum Rent Monthly Minimum Rent
Years 1-40 One and 08/100 Dollars ($1.08) Zero and 9/100 Dollars ($0.09)
(b) The first installment of Minimum Rent shall be paid upon the Commencement Date.
If Tenant' s obligation to pay Rent commences on a day other than the Commencement
Date (i.e. a day other than the first day of a month), Tenant' s Minimum Rent for such
previous partial month shall be Zero and 9/100 Dollars ($0.09).
Section 2.02. Percental~e Rent. (Intentionally omitted).
Section 2.03. Gross Sales. (Intentionally omitted).
Tenant
?
Section 2.04. Payments by Tenant. Throughout the Term of this Lease, Tenant shall pay to
Landlord, without demand, deduction, set-off, or counterclaim, the "Rent", which is hereby defined
as the sum of the Minimum Rent and all other sums designated hereunder as "Additional Rent", when
and as the same shall be due and payable hereunder. Failure to pay any amount of Additional Rent
carries the same consequences as Tenant's failure to pay Minimum Rent. All payments and charges
required to be made by Tenant to Landlord Hereunder shall be payable in lawful currency of the
United States, at the address indicated in the preamble to this Lease, or such other address as
Landlord may, from time to time, designate in writing. No payment to or receipt by Landlord of a
lesser amount than the amount required to be paid hereunder shall be deemed to be other than on
account of the earliest amount of such obligation then due hereunder. No endorsement or statement
on any check or other comn'mnication accompanying a check for payment of any amounts payable
hereunder shall be deemed an accord and satisfaction, and Landlord may accept such check in
payment without prejudice to is right to recover the balance of any sums owed by Tenant hereunder
or to pursue any other remedy provided in this Lease.
Section 2.05. Late Char~te. In the event any payment of Rent required to be paid hereunder is not
received by Landlord on or before the fifth (5th) calendar day after the same is due, then, for each and
every such late Rent payment, Tenant shall immediately pay, as Additional Rent, a service charge
equal to ten percent (10 %) per month of the amount required to be paid. Notwithstanding this
service charge, Tenant shall be in default under this Lease if any payments required to be made by
Tenant are not made at or before the times herein stipulated.
ARTICLE III
RECORDS AND BOOKS OF ACCOUNT
Section 3.01. Tenant's Records. (Intentionally omitted).
Section 3.02. Reports bv Tenant. (Intentionally omitted).
ARTICEL IV
AUDIT
Section 4.01. Right to Examine Books. (Intentionally omitted).
Section 4.02. Audit. (Intentionally omitted).
ARTICLE V
CONSTRUCTION OF BUILDING AND OTHER IMPROVEMENTS
Section 5.01. Resnonsibilities of Tenant. Tenant shall develop the Demised Premises and construct
thereon the Building and other improvements hereinafter described in accordance with the provisions
of this Article V and further, in accordance with the "Design and Construction Standards" for the
Shopping Center attached hereto and made a part hereof as Exhibit "F". The development of the
Demised Premises, including the construction by Tenant thereon of the Building and all other
required improvements CTenant's Work"), shall be performed by Tenant, at its sole cost and
expense, except as provided in Sections 5.06 and 5.07 below.
Section 5.02. Tenant's Work. Tenant shall construct its Building, parking area, entrance and exit
driveways, and other improvements in the locations shown on Exhibit "C" hereof, and otherwise
perform Tenant's Work hereunder in accordance with this Article V. No portion of Tenant's Work
shall be commenced and no improvements, additions, alterations, or replacements of any kind shall at
any time during the Term hereof be constructed by Tenant except in strict accordance with: (i) the
Design and Construction Standards attached hereto as Exhibit "F'; and (ii) the "Plans and
Specifications" of Tenant (as hereinafter described) that have been approved by Landlord, provided
that after initial completion of construction of Tenant's Work, Tenant shall have the right to modify
or alter such improvements if: (i) such modifications do not in any way alter the gross square footage
or exterior appearance of Tenant's Building;
Tenant
(ii) such modifications do not constitute structural changes to Tenant's Building; (iii) such
modifications do not in any way alter the entrance and exit points and driveways shown on Exhibit
"C"; (iv) such modifications do not in any way alter the signage approved by Landlord; (v) such
modifications do not in any way alter the size, number, or layout of parking spaces shown on Exhibit
"C"; and (vi) such modifications comply with the Design and Construction Standards. In no event
shall Tenant apply for or obtain any permits, variances, approvals, etc., from any regulatory,
municipal, or other governmental authority that would operate to alter the Concept Layout Drawing,
signage, entrance and exit points, driveways, parking specifications, or Plans and Specifications
approved by Landlord or that would in any way deviate from the requirements set forth in this Lease
and the Design and Construction Standards, without the prior written approval of Landlord, the
granting of which approval shall be in Landlord's sole discretion. Tenant's Building and other
improvements constructed hereunder shall be depicted on a set of final "as-built" Plans and
Specifications and, when completed, a copy thereof shall be furnished to Landlord by Tenant.
Section 5.03. Tenant's Plans and SDecifications.
(a) Tenant shall prepare, at its sole cost and expense, a complete set of detailed Plans and
Specifications for Tenant's Building, parking area, entrance and exit driveways,
signage, and other such improvements in accordance with this Article V and the
Design and Construction Standards, and deliver the same to Landlord within thirty
(30) days of the date hereof. Landlord shall have thirty (30) business days in which to
review and approve or disapprove the Plans and Specifications, which approval shall
not be unreasonably withheld or delayed, and shall endorse approval or disapproval
(together with its reasons for any such disapproval) on the Plans and Specifications
and return the same to Tenant within such review period. If necessary, Tenant shall
revise such Plans and Specifications to reflect Landlord's requested modifications and
deliver such revised Plans and Specifications to Landlord for final approval within
thirty (30) business days following Tenant's receipt of Landlord's requested
modifications. Notwithstanding the foregoing provisions, Landlord shall use its best
efforts to approve or make objections to Tenant's Plans and Specifications as rapidly
as possible and shall notify Tenant expeditionsly after any such decisions are made.
If, despite the good faith efforts of Landlord and Tenant such Plans and Specifications
are not approved within one hundred eighty (180) days of the date hereof, Landlord
shall have the right to terminate this Lease, in which event the parties shall be released
from further liability hereunder.
(b) Landlord, by approving the Plans and Specifications, does not assume any liability
therefore or make any warranty as to the suitability of materials or equipment
specified therein, and Landlord shall not be liable for any defect in consauction
completed in accordance with the Plans and Specifications or any equipment,
machinery, appliance, or material incorporated therein.
Section 5.04. Tenant's Construction. Upon the later of: (i) the Pad Delivery Date, as defined
herein; or (ii) Landlord's approval of Tenant's Plans and Specifications, Tenant shall forthwith
commence consauction of the Building and other improvements and shall thereafter proceed
diligently and continuously with such construction in accordance with said approved Plans and
Specifications so that the Demised Premises shall be completed and the Building open for business
on or before the Commencement Date. In on event shall Tenant commence construction prior to
receiving Landlord's approval of Tenant's final Plans and Specifications. Tenant's Work shall be
performed in a manner, which does not interfere with the other tenants and occupants of the Shopping
Center and the operation of the Shopping Center. Tenant's construction equipment and materials
shall be located in areas designated by Landlord. In the event it is necessary for Tenant to
incidentally encroach upon land outside the perimeters of the Demised Premises in order to perform
Tenant's Work, such incidental encroachment shall be coordinated with Landlord so as not to burden
or interfere with the operation of the Shopping Center and Tenant shall take all precautionary
measures to protect Landlord's property and the safety of others when performing work in such
encroachment areas. The design of Tenant's Building and other improvements and the materials used
in the construction thereof shall be new and of first-class quality, and shall be constructed and
installed in a good and workmanlike manner.
Tenant
4
Prior to commencing construction of Tenant's Work and until final completion thereof, Tenant shall
obtain on behalf of itself and its contractors or subcontractors, builders risk insurance in an amount at
least equal to the contract price for constructing Tenant's Work, comprehensive general liability
insurance, wor'kman's compensation - employers liability insurance, owner's protective liability
insurance, and such other insurance as Landlord may reasonably determine to be necessary, in
amounts which are reasonable, customary and standard in the industry, with respect to the scope and
nature of work being performed. All such insurance shall be written by duly licensed insurance
companies, acceptable to Landlord, shall name Landlord and Landlord's mortgagee as additional
named insureds, and shall otherwise be acceptable to Landlord in all material respects. Tenant shall
deliver certificates of insurance to Landlord prior to the commencement of work, which certificates
shall provide that no change or cancellations of such insurance coverage shall be undertaken without
thirty (30) days prior written notice to Landlord. Landlord shall have the further right to require
Tenant to fi~rnish appropriate performance and payment bonds prior to commencement of Tenant's
Work~ Tenant shall indenmify and hold Landlord harmless from and against all expenses and
liabilities, including court costs and attorney's ti~es, arising out of the construction of Tenant's Work.
All risks of construction shall be borne by Tenant, and Tenant shall promptly restore and repair to its
prior condition any portion of Tenant's Work and/or any portion of Landlord's property that may be
damaged or destroyed during the course of construction, regardless of the adequacy of availability of
insurance proceeds. Tenant shall obtain all permits or licenses necessary for the construction of
Tenant's Work and shall pay all costs associated therewith. Tenant shall use its best efforts in
contracting for, and construction of, Tenant's Work to avoid the creation of any labor disputes an,
should labor disputes arise, Tenant shall immediately and diligently attempt to obtain their resolution
so that construction may proceed and further, so that access to the Shopping Center is at no time
disturbed by pickets or other evidence of labor disputes. Tenant's Building and all other
improvements comprising Tenant's Work shall be fully and finally completed, and Landlord shall be
furnished with a certificate to such effect by the architect supervising construction of Tenant's Work,
together with a copy of a final, unconditional certificate of occupancy for the Building, on or before
the expiration of Tenant' s Building Period.
Section 5.05. Mechanic's Liens.
(a) Prior to Tenant's commencement of work in, on, or to the Demised Premises, Tenant
shall file a "Stipulation Against Liens" executed by Tenant, as owner, and Tenant's
contractor, in the Recorder's Office of the County in which the Demised Premises is
located. Tenant shall submit to landlord a copy of the Stipulation Against Liens,
together with a filing receipt therefore, prior to the commencement of any work.
(b) Tenant shall not permit any mechanic's, laborer's, materialman's, contractor's, or
subcontractor's lien to be filed against the Demised Premises for labor or materials
and shall hold Landlord and the Demised Premises harmless from any such liens.
However, if any mechanic's, laborer's, materialman's, contractor's, or subcontractor's
lien is filed against the Demised Premises, other than from the construction of
Landlord's Work, Tenant shall cause it to be discharged of record within fourteen (14)
days after receiving notice that such lien has been filed, unless Tenant determines in
good faith to contest the amount or validity of the claim, in which event Tenant shall
provide a bond to remove such lien from the Demised Premises and proceed to contest
any such claim. If Tenant fails to discharge the lien or provide such a bond to remove
it from the Demised Premises within fourteen (14) days, then in addition to any other
fight or remedy, Landlord on three (3) days written notice to Tenant or such shorter
notice as may be required to prevent foreclosure of the lien, may discharge the lien by
any mode allowed by law. All of Landlord's payments and legal and other expenses,
including attorney's fees, in procuring the discharge of such lien, shall be paid by
Tenant to Landlord on demand.
Section 5.06. Landlord's Work. Landlord shall deliver the Demised Premises in "as-is" condition.
Section 5.07. Landlord's Contribution. (Intentionally omitted).
Section 5.08. Rights in Improvements. The Building and all other improvements constructed on
the Demised Premises shall be and remain the property of Tenant until the expiration or earlier
termination of the Term, at which time title to said Building and other improvements shall revert to
the Landlord.
Tenant _~
5 Landl°rdtT~7~
All trade fixtures, signs, and apparatus owned by Tenant and installed in the building situated on the
Demised Premises shall remain the property of Tenant and shall be removed upon the expiration of
the Term of this Lease, provided that Tenant shall not at such time be in default hereunder and,
provided further, that Tenant shall repair any damage to the Building caused by such removal. If
Tenant shall at any time be in default hereunder, Landlord shall be the benefit of any applicable lien
on Tenant's personal property and fixtures located within the Building to the extent any such lien
may arise or be permitted under the laws of the state in which the Demised Premises is located, and
in the event any such lien so exists. the lien has been satisfied and all defaults have been cured.
Section 5.09. Force Maieure. If either Landlord or Tenant is inhibited by "Force Majeure" (as
defined below) in carrying out its obligations under this Lease for more than thirty (30) days,
including Saturdays, Sundays, and holidays, such party shall give to the other party prompt written
notice within fourteen (14) days of such occurrence shall result in a forfeiture of rights to a Force
Majeure extension. Upon such notice, any obligations inhibited by the Force Majeure shall be
suspended during its continuance, but only to the extent that such party is actually inhibited in
performance. Landlord or Tenant shall exercise reasonable diligence to remove the Force Majeure as
quickly as possible, but shall not be required to settle strikes, lock-outs, or other labor difficulties,
other than on reasonably acceptable terms. Nothing in this Section 5.09 shall limit Tenant's
obligations under Section 5.04, with respect to labor disputes, which affect access to the Shopping
Center. "Force Majeure" means an act of public enemy, ~var, blockade, or riot; earthquake, flood,
explosion, lightning, fire, or storm; strike, lock-out, or industrial disturbance; governmental restraint
or moratorium, including, but not limited to, any changes in zoning or moratorium in the issuance of
building permits or other permits required to commence or complete construction not resulting from
Tenant' s actions or failure to act; or any other act or cause which prevents compliance with the terms
of this Lease and is beyond the reasonable control of Tenant or Landlord. Force Majeure shall not
include an event related either party's own bankruptcy, insolvency, or other financial difficulties.
Notwithstanding anything to the contrary contained herein, in no event shall Force Majeure operate to
reduce, limit, or otherwise affect Tenant's obligation to timely pay all Rent and other sums due
hereunder.
ARTICLE VI
CONDUCT OF BUSINESS
Section 6.01. Use and Trade Name. Tenant shall use and occupy the Demised Premises for the
following purposes only, and for no other purpose: for the City's Downtown Transit Information
Center and Transit Interchange, and incidentally for other non-retail commercial activities reasonably
related thereto.
Section 6.02. Onenin~ and Ol~eration. Tenant agrees to open for business to the public at the
entire Demised Premises on or before the expiration of the Building Period and thereafter to conduct
its regular business operations, having its interior and exterior lights on as if Demised Premises is
open for business, continuously on all days and at all hours during which the Shopping Center is open
for business. Tenant shall conduct its regular business operations as outlined herein during the
following hours, except for Sundays and national holidays: Monday through Saturday, 6:20 a.m. to
10:30 p.m. In the event that Tenant breaches the terms of the previous sentence and falls to open for
business on or before the date provided for herein, or vacates or abandons the Demised Premised or
ceases at any time to operate its business within the Demised Premises for a continuous period of ten
(10) business days or more, then in any such event Tenant shall be in default hereunder and in
addition to any other default remedies provided for herein, Landlord shall also have the right of
mandatory injunctive relief.
Section 6.03. Tenant's Warranties. Tenant warrants, represents, and agrees to and with Landlord,
that throughout the Term hereof it shall: (i) keep the Demised Premises and any platform or loading
dock used by Tenant in a neat, clean, sanitary, and safe condition; (ii) pay, before delinquent, any and
all taxes, assessments, and public charges imposed upon Tenant's business or fixtures, and pay when
due all fees of a similar nature; (iii) observe all rules and regulations established by Landlord for
other tenants or occupants in the Shopping Center, provided Tenant shall be given at least thirty (30)
days notice thereof; (iv) observe all restrictive covenants of record which are applicable to the
Demised Premises, provided the same do not prohibit Tenant's permitted use of the Demised
Premises as set forth in Section 6.01 hereof; (v) not use the parking areas or sidewalks or any space
outside the Demised Premises for display, sale, storage, or any other similar undertaking;
Tenant
Landlord
6
(vi) park and shall cause it invitees, customers, licensees, and employees to park their vehicles only
on those parking areas developed within the Demised Premises, and no use of the parking facilities
within the Shopping Center and situated outside of the Demised Premises shall be permitted; (vii) not
use any advertising medium or sound devices inside the Demised Premises that may be heard outside
the Demised Premises, or permit any objectionable odors to emanate from the Demised Premises;
(viii) keep the Demised Premises sufficiently heated to prevent freezing of water in pipes and fixtures
in and about the Demised Premises; (ix) keep the temperature within the Demised Premises at such
levels as may be required by any federal, state or local laws, ordinances or regulations; ((x) employ
only such labor in the performance of any work in and about the Demised Premises as will not cause
any conflict or controversy with any labor organization representing trades performing work for
l.andlord, its contractors or subcontractors in or about the Shopping Center; (xi) not conduct any
auction, going out of business sale. moving sale, liquidation sale, distress sale, fire sales, or
bankruptcy sale, etc. (whether real or fictitious) or conduct the type of business commonly referred to
as "cut-price"; (xii) not use or permit the use of any part of the Demised Premises for the sale, rental,
display, or operation of amusement, electronic, or video machines, games, cassettes, or devices
without the prior written consent of Landlord or allow the sale or offering of any lottery or raffle
tickets or pertnit any form of games of chance or gambling, in any form, without such similar
consent; (xiii) not erect any antennae, air conditioning, or ventilation equipment outside of the
Building except as may be mutually agreed upon by the parties; (xiv) not cause or permit the use,
generation, storage, or disposal in or about the Demised Premises or the Shopping Center of any
substances, materials, or wastes subject to regulations under any federal, state, or local laws from
time to time in effect concerning hazardous, toxic, or radioactive materials; (xv) keep the Demised
Premises, and signs and external lights thereon, properly illuminated during the hours established by
the rules and regulations of Landlord for the Shopping Center and promptly repair and/or replace any
signs or lights which cease to illuminate; and (xvi) not use the Demised Premises in a manner which
will create extra hazardous conditions, nor use said Demised Premises in violation of any law,
ordinance, or regulation. Tenant further warrants, represents, and agrees that it will not offer any
goods or services, which Landlord in its sole discretion determines to be inconsistent with the image
of a first-class family-oriented regional retail development, nor shall Tenant display or sell any goods
containing portrayals, which Landlord in it sole discretion, determines to be lewd, graphically violent,
or pornographic.
Section 6.04. Legal Requirements. Tenant shall, at its sole expense, comply with all laws, orders,
ordinances, and with directions of public officers thereunder, and with all applicable Board of Fire
Insurance Underwriters regulations, respecting all matters of occupancy, condition or maintenance of
the Demised Premises, whether such orders or directions shall be directed to Tenant or Landlord, and
Tenant shall indemnify and hold Landlord harmless from any and all costs or expenses on account
thereof. Tenant shall procure and maintain all licenses and permits legally necessary for the
operation of Tenant's business and allow Landlord to inspect the same on request.
Section 6.05. Competition. (Intentionally omitted).
ARTICLE VII
IMPOSITIONS
Section 7.01. Payment by Tenant. Commencing on the Pad Delivery Date and continuing
throughout the Term hereof, Tenant shall pay, as Additional Rent hereunder, all real property and
other taxes, assessments, and governmental charges of every kind, including, without limitation,
assessments for public improvements or benefits whether or not completed during the Term hereof,
water, sewer, storm drains, and other rents, rates, and charges, excises, levies, license fees, permit
fees, and other authorization fees, future substitutes for such taxes, and all other similar charges of
every kind, including all penalties and interest thereon, levied upon the Demised Premises, or any
improvements situated or constructed thereon, any gross receipts tax, tax on rents, or any other tax
levied against Landlord because of the Rent, other than federal, state, or local income taxes, and all
general or special assessments against leasehold improvements or personal property (collectively
"Impositions"), unless Tenant is exempt from a specific payment of impositions by an applicable
governmental authority and/or regulation. Tenant shall pay all such Impositions, which are
separately assess against the Demised Premises and shall provide Landlord with documentation
evidencing such payment no later than fourteen (14) days before the delinquency date, unless Tenant
is exempt from a specific payment of Impositions by an applicable governmental authority and/or
regulation.
Tenant ~
7 Landl°rd?'~/'(~5
With respect to Impositions, which are not separately assessed against the Demised Premises, Tenant
shall pay any and all such Impositions levied upon the Demised Premises, or any improvements
situated or constructed thereon, to Landlord within thirty (30) days of receipt of Landlord's written
invoice therefore. If any Imposition is payable in installments, Tenant may pay such Impositions as
installments become due and payable.
ARTICLE VIII
MARKETING FUND
Section 8.01. Tenant's Contribution. (Intentionally omitted).
ARTICLE IX
COMMON AREA
Section 9.01. Com~non Area. Tenant acknowledges that there exists within the Shopping Center
(excluding the Demised Premises) certain vacant, landscaped, or improved areas which, for the
purposes of this Lease, shall constitute common area for the mutual benefit of Tenant and all other
tenants and occupants of space within the Shopping Center. Such common areas are generally
identified on the attached site plan. Notwithstanding anything to the contrary contained in this Lease,
Landlord shall have the right, at any time and from time to time, without notice to or consent of
Tenant, to change the size, location, elevation, and nature of any of the common areas, or any part
thereof, including, without limitation, the right to locate and/or erect thereon kiosks, structures, and
other buildings and improvements of any type. Subject to any easements and restrictions of record
granted or approved by Landlord from time to time, all common areas shall be subject to the
exclusive control and management of Landlord, and Landlord shall have the right, at any time and
from time to time, to establish, modify, amend, and enforce reasonable rules and regulations with
respect to the common areas and the use thereof. Tenant agrees to abide by and conform with such
rules and regulations upon receipt of notice thereof and to cause its concessionaires, invitees, and
licensees and their employees and agents to do the same.
Section 9.02. Common Area Maintenance. Tenant agrees to police, maintain and keep in good
service and repair the entire Demised Premises, at its sole cost and expense, for and during the Term
hereof. Further, Tenant agrees to police and maintain, at its sole cost and expense, the common areas
of the Shopping Center proximate to the Demised Premises free of all litter or foreign debris/matter
directly attributable to patrons of the Demised Premises. In the event Tenant fails to perform its
obligations herein after three (3) days written notice from Landlord, Landlord shall have the right to
perform such obligation. All costs and expenses to Landlord for performing such obligation, plus a
fifteen percent (15%) administration fee shall become due and payable from Tenant thirty (30) days
following Tenant's receipt of a bill from Landlord for performing such obligation. Such failure of
Tenant to perform such obligation shall constitute a default as outlined in Article XVIII herein and
shall be subject to Landlord's remedies outlined therein.
ARTICLE X
UTILITY SERVICES
Section 10.01. Installation of Utilities. Tenant shall furnish, install, and extend at it's own cost and
expense, all necessary facilities within the Demised Premises so as to provide separately metered
utility services for the Demised Premises in capacities adequate to properly operate Tenant's
business. Tenant shall arrange for telephone service for its Demised Premises with the appropriate
company supplying the same in the area in which the Demised Premises is located and shall pay all
charges therefore. Landlord shall not be responsible for providing any meters or other devices for the
measurement of utilities supplied to the Demised Premises.
Section 10.02. Payment of Utilities. Tenant shall be solely responsible for and shall promptly pay
all charges for water, gas, heat, electricity, sewer, and any other utilities used upon or furnished to the
Demised Premises, together with all levies, taxes, and surcharges thereon, unless Tenant is exempt
from payment of said levy, tax, or surcharge by an applicable governmental authority an/or
regulation.
Tenant _~
Landlord
8
Section 10.03. Nonliability of Landlord. Landlord shall not bc liable to Tenant in damages or
otherwise if any one or more of said utility services or obligations hereunder is interrupted or
terminated because of necessary repairs, installations, construction and expansion, non-payment of
utility charges due, or by reason of governmental regulation, statute, ordinance, restriction or decree,
or any other cause beyond Landlord's reasonable control. No such interruption or termination of
utility service shall relieve Tenant from any of its obligations under this Lease.
ARTICLE XI
SIGNS
Section 11.01. Exterior Signs. Tenant, at its own cost and expense, shall be obligated to install an
exterior sign advertising its business trade name on the Demised Premises in accordance with the
criteria set forth in the Design and Construction Standards, attached hereto as Exhibit "F". However,
Tenant shall only erect such sign that has been approved in writing by Landlord and which complies
with the requirements of all govern. mental authorities. Said sign shall be maintained in good
condition and repair by Tenant. Tenant shall obtain all permits and licenses for its sign. Tenant shall
not exhibit or affix any other type of sign, decal, advertisement, notice, or other writing on the
Building or on the Demised Premises, nor shall Tenant affix any awning, antennae, or other
projection to the roof or the outside walls or windows of the Building without Landlord's prior
written approval.
Section 11.02. Interior Signs. Tenant agrees that all window display advertising materials and
signs shall be in keeping with the character and standards of the improvements within the Shopping
Center as determined by Landlord and Landlord reserves the right to require the Tenant to correct any
nonconformity.
ARTICLE XII
REPAIRS~ MAINTENANCE, AND COMPLIANCE WITH LAW
Section 12.01. Repairs and Maintenance. Landlord shall not be obligated to maintain or make any
improvements, additions, or repairs of any kind to the Building, parking area, exit and entrance
driveways, or other improvements situated on the Demised Premises. At all times during the Term,
Tenant at its sole cost and expense, shall maintain the Demised Premises and the Building, parking
area, exit and entrance driveways, and other improvements thereon and every part thereof in good
order, condition and repair, and in a first-class, clean, orderly, and safe condition, and in the event
Tenant fails to do so, Landlord shall have the right at its option, to repair and maintain the Demised
Premises and the Building, parking area, exit and entrance driveways, and other improvements
thereon, and Tenant shall pay the costs therefore to Landlord, as Additional Rent hereunder, within
thirty (30) days of receipt of Landlord's invoice. Tenant shall not commit or suffer waste on the
Demised Premises. Repairs shall include replacements or renewals when necessary or appropriate,
and all such repairs made by Tenant shall first comply with the provisions of Section 5.02 before
undertaking any repairs.
Section 12.02. Compliance with Law. Tenant, at its sole cost and expense, shall promptly comply
with all laws and regulations of federal, state, and local governments and agencies, which may be
applicable to the Demised Premises, and the repairs, maintenance and alteration thereof. Tenant shall
indemnify and hold Landlord harmless against all liability and expense, including attorneys' fees,
incurred by Landlord as a result of Tenant's failure to perform any such obligations. Tenant shall
obtain all licenses and permits required by law for Tenant's construction, repairs, remodeling of and
operations on the Demised Premises.
ARTICLE XIII
INSURANCE AND LIABILITY
Section 13.01. Fire and Extended Coverage Insurance. During the Term hereof, Tenant at its sole
cost and expense, shall maintain in force policies of insurance covering loss or damage to the
Building and all other improvements situated on the Demised Premises in an amount not less than the
full replacement cost thereof (determined not less often than once every five (5) years), against all
perils included within the classification of fire and extended coverage, vandalism, and malicious
Tenant _~
Landlord ~~
9
mischief. The policies shall name both Landlord and Tenant as insured parties, shall be issued by
duly licensed insurance companies approved by Landlord, and shall provide that any proceeds shall
be paid to Landlord and Tenant as their interests may appear. All proceeds payable under such
insurance policy in excess of One Hundred Fifty Thousand Dollars ($150,000.00) shall be deposited
with a bank or trust company in an insurance proceeds trust, or as the parties may then agree, to
assure proper repair or rebuilding of the Building and all other improvements.
Section 13.02. Liability Insurance. During the Tern~ hereof, Tenant at its sole cost and expense,
shall maintain a policy of comprehensive public and contractual liability insurance, naming Landlord
as an additional insured, under which Landlord and Tenant shall be indemnified against any liability
for property damage, bodily injury, or death of any person entering upon or occupying any part of the
Demised Premises, with limits of not less than One Million Dollars ($1,000,000.00) for injury to or
death of one (I) person in any one (1) accident, not less than Two Million Dollars ($2,000,000.00) for
death or injury to more than one (1) person in any one (1) accident or occurrence, and not less than
Five Hundred Thousand Dollars ($500,000.00) for damage to property in any one (1) accident or
occurrence.
Section 13.03. General Policy Requirements. Each insurance policy required of Tenant hereunder
shall: (i) be primary and noncontributing with other insurance available for Landlord's protection; (ii)
be effective for a period of not less than one (1) year and provide at least thirty (30) days written
notice must be provided to Landlord before the policy may be cancelled or coverage reduced or any
other material change made; (iii) contain a provision that, although Landlord is named as an insured,
Landlord shall nevertheless be entitled to recover under such policies for any loss, injury, or damages
to Landlord, its agents and employees, or the property of Landlord as a result of the negligence of
Tenant, its agents and employees; and (iv) contain an express waiver of any right of subrogation
against Landlord. The required minimum amounts shall be upwardly adjusted every five (5) years to
such amounts as the parties reasonably agree upon to reflect inflationary trends and experience, to the
extent obtainable.
Section 13.04. Ratin~:s of Insurerl Payments of Premiumsl Certificate of Insurance. Each
policy of insurance shall be issued by a company having a rating reasonably acceptable to Landlord
and shall be issued in the name of Tenant and Landlord for their joint protection. An executed copy
or certificate of each policy and any renewal policy to take the place of the policy expiring shall be
promptly delivered to Landlord. Tenant shall timely pay all premiums and charges and shall
promptly furnish Landlord, on request, with satisfactory evidence of timely payment. If Tenant fails
to maintain any required insurance, Landlord may obtain and pay for any such insurance, the cost of
which will be repaid by Tenant on demand, as Additional Rent hereunder.
Section 13.05. Landlord's Nonliability. Landlord shall not be liable for, and Tenant hereby release
Landlord from, any damage or injury of any kind to any person or property arising out of: (i) the use
of, accident, fire, or casualty on any part of the Demised Premises; (ii) defects in any structure, other
improvement,.or equipment constructed, installed, or maintained on the Demised Premises; (iii) any
act or omission of Tenant or any agents, employees, licensees, lessees, subtenants, or invitees thereof;
(iv) any fill or surface, subsurface, soil, or water condition of the Demised Premises.
Section 13.06. Tenant's Indemnity. Tenant agrees to indemnify and hold Landlord harmless from
and against any liabilities, claims, demands, actions, damages, losses and expenses, including court
costs and attorneys' fees, for any and all loss, damage, injury, or death of anyone or anything,
sustained in whole or in part in, on, or under the Demised Premises, resulting from or incurred by
reason of any actions or conduct based upon the acts or omissions of Tenant, its employees or agents
during the term of this Lease.
ARTICLE XIV
DAMAGE, DESTRUCTION, AND RESTORATION
Section 14.01. lnsurable Losses. If the Building or any other improvements situated on the
Demised Premises, or any part or portions thereof, are damaged or destroyed by fire or other casualty,
Tenant shall, at its sole cost and expense, promptly commence to repair or restore the same to its
original condition and shall complete the repairs or restoration with due diligence.
Tenant ._~
10 Landlord~_/,~__
All insurance proceeds shall be expended for such repairs or restoration and, if such proceeds are
insufficient, Tenant shall apply its own funds to make up the difference. In no event shall the Rent
abate during any such period of restoration or repair.
Section 14.02. Landlord's Approval. Tenant shall not commence any substantial repairs or
replacements after fire or casualty loss until Tenant has complied with the provisions of Article V, to
the extent applicable, and in any event, Tenant shall first provide Landlord with written notice
specifying the nature and location of the intended work and the expected dates of commencement and
completion. If such work is done in strict accordance with Plans and Specifications previously
approved by Landlord. no further approval by Landlord shall be required.
ARTICLE XV
CONDEMNATION
Section 15.01. Takin~ bv ApproDriation. If, during the Term hereof, any part of the Demised
Premises is taken or damaged by exercise of the power of eminent domain, whether by condenmation
proceedings, inverse condemnation or otherwise, or is transferred in lieu of condemnation (an
"Appropriation"), the rights and obligations of Landlord and Tenant hereunder shall automatically
terminate on the date of the Appropriation as to any part of the Demised Premises so taken. Any
such Appropriation shall not operate as or be deemed an eviction of Tenant or a breach of Landlord's
covenant of quiet enjoyment.
Section 15.02. Termination. If all of the Demised Premises, or substantially all (meaning fifty
percent (50%) or more of the floor area of the Building or fifty percent (50%) or more of the Demised
Premises) is taken, either party may terminate this Lease by written notice given to the other party
within thirty (30) days following the date that the condemning authority takes possession, in which
event the Rent and other charges payable by Tenant hereunder shall be prorated to the date
possession is taken by the condenming authority.
Section 15.03. Partial Termination. If less than all or substantially all (as defined in Section 15.02)
of the Demised Premises, the Building or the parking is taken by Appropriation, Tenant shall
promptly restore, repair, or reconstruct the remainder of the Demised Premises to substantially the
same quality and character , except as to size as existed before the taking and the Rent shall be
equitably abated as to any portion of the Demised Premises so taken. Any such restoration, repair, or
reconstruction by Tenant shall be performed in compliance with the provisions of Article V to the
extent applicable.
Section 15.04. Award. Should the whole or any part of the demised premises be condemned or
taken by a competent authority for any public or quasi-public use or purpose, each party shall be
entitled to retain, as its own property, any award payable to it. In the event a single award is made on
account of the condemnation, each party will then be entitled to take such proportion of said award as
may be fair and reasonable.
All awards for any Appropriation shall belong to and be the property of Landlord without
participation by Tenant and without any deduction therefrom for any present or future estate of
Tenant. Tenant hereby assigns to the Landlord all right, title, and interest of Tenant in and to any
award made for leasehold damages and/or diminution in the value of Tenant's leasehold estate.
Tenant shall, however, be entitled to claim, prove, and receive in such condemnation proceedings,
such compensation as may be separately awarded for loss of business and for fixtures and other
equipment installed by Tenant, provided that no such claims of Tenant shall diminish or otherwise
adversely affect Landlord' s award or the award of Landlord's mortgagee(s).
ARTICLE XVI
ASSIGNMENT, SUBLETTING, AND ENCUMBERING LEASE
Section 16.01. Riuhts of Landlord and Tenant. The following shall govern the fights of Landlord
and Tenant with respect to any assignment, subletting, or encumbering of the Lease by Tenant:
(a) Tenant shall not: (i) assign, transfer, mortgage, or otherwise encumber this Lease or
any of its rights hereunder; or (ii) sublet the Demised Premises or any part thereof, or
Tenant ~
11 Landl°rd;7~//''~
permit the use of the Demised Premises or any part thereof by any persons other than
Tenant or its agents; or (iii) permit the assignment or other transfer of this Lease or
any of Tenant's rights hereunder by operation of law, without the prior written consent
of Landlord, which consent shall not be unreasonably withheld or delayed.
Tenant
Any attempted or purported transfer, assignment, mortgaging, or encumbering of this
Lease or any of Tenant's interest hereunder and any attempted or purported subletting
or grant of a right to use or occupy all or a portion of the Demised Premises in
violation of the foregoing sentence shall be null and void and shall not confer any
rights upon any purported transferee, assignee, mortgagee, sublessee, or occupant.
(b) In determining whether to grant consent to an assignment or sublet request by Tenant,
Landlord may consider any reasonable factor. Landlord and Tenant hereby agree that
any one of the following factors, or any other reasonable factor, will be reasonable
grounds for making such a determination:
( 1. ~ 'l'he net x~'orth of the proposed assignee or subtenant must be at least equal to
that of the existing Tenant as of the date this Lease is executed;
(2 ~ the business reputation of the proposed assignee or subtenant must be in
accordance with generally acceptable commercial standards;
the use of the Demised Premises by the proposed assignee or subtenant must
be identical to the to the use permitted by this Lease;
(4.) the percentage rents of the proposed assignee or subtenant, or the prospect of
percentage rents, must be at least equal to that of the existing Tenant;
(5.) the managerial and operational skills of the proposed assignee or subtenant
must be the same as those of the existing Tenant;
(6.)the use of the Demised Premises by the proposed assignee or subtenant will not
violate or create any potential violation of any laws; and
(7.) the use of the Demised Premises by the proposed assignee or subtenant will not
violate any other agreements affecting the Demised Premises, the Landlord or
other tenants and occupants of the Shopping Center.
(c) Prior to any request by Tenant for consent, as required herein, to assign or transfer this
Lease, or sublet (or permit occupancy or use of) the Demised Premises, or any part
thereof, Tenant shall by written notice and without charge of any kind, offer the return
of the Demised Premises to Landlord. For thirty (30) days following receipt of said
notice, Landlord shall have the right, exercisable by delivering written notice thereof
to Tenant, to take back the Demised Premises and terminate this Lease, in which event
Tenant shall be relieved of all further liability as of the date Tenant vacates the
Demised Premises and surrenders possession of the same to Landlord in good,
tenantable, broom-clean condition. In the event Landlord does not exercise its fight to
terminate this Lease as provided above, Tenant may assign, transfer, or sublet such
space only if Tenant first has obtained the prior written consent of Landlord in
accordance with the terms and conditions of this Article XVI.
(d) Notwithstanding anything to the contrary contained herein, Tenant may assign this
Lease without need of the prior consent of the Landlord to any wholly-owned
subsidiary or its parent corporation, or to any person or corporation owning one
hundred percent (100%) of Tenant's stock, or to any company into which the Tenant
may be merged or consolidated so long as substantially all the assets then held by
Tenant becomes the property of the continuing entity.
(e) In the event that Tenant defaults hereunder, Tenant hereby assigns to Landlord the rent
due from any subtenant of Tenant and hereby authorizes each such subtenant to pay
such rent directly to Landlord. The consent by Landlord to any assignment, transfer,
or subletting to any party shall not be construed as a waiver or release of Tenant under
the terms of any covenant or obligation under this Lease, nor shall the collection or
acceptance of rent from any such assignee, transferee, subtenant, or occupant
constitute a waiver or release of Tenant from any covenant or obligation contained in
this Lease, nor shall any such assignment, transfer, or subletting be construed to
Tenant __~
Landlord ___,~~/___.____
13 ~/~t.~
relieve Tenant from offering the retum of the Demised Premises to Landlord or from
obtaining Landlord's written consent to any further assignment, transfer, or subletting.
(1) Any costs and expenses, including attorneys' fees (which shall include the cost of any
time expended by Landlord's in-house counsel) incurred by Landlord in connection
with any proposed or purported assignment, transfer, or sublease shall be bome by
Tenant and shall be payable to Landlord as Additional Rent hereunder.
(g) Notwithstanding anything to the contrary contained herein, no assignment, subletting,
or any other transfer by Tenant, either with or without Landlord's consent during the
term of this Lease or any renewal thereof, shall release the Tenant from any liability
under the terms of this Lease, nor shall the Tenant be relieved of the obligation of
performing any of the terms. covenants, and conditions of this Lease.
ARTICLE XVII
SUBORDINATION AND ATTORNMENT
Section 17.01. Subordination. This Lease and Tenant's tenancy hereunder shall be subject and
subordinate at all times to the lien of any mortgages or deeds of trust now or hereafter placed upon
the interest of the Landlord in the Demised Premises. Tenant's acknowledgement and agreement of
subordination provided for in this Section shall be self-operative and no further instrument of
subordination shall be required. However, Tenant agrees to execute and deliver within fourteen (14)
days of Landlord's request, such instruments as may be required by Landlord or by any mortgagee,
subordinating this Lease to the lien of any present or future mortgages or deeds of trust, and to all
renewals, replacements, and extensions thereof, provided that the mortgagee or beneficiary named in
said mortgage(s) or deed(s) of trust shall agree to recognize and not disturb Tenant's interest
hereunder in the event of foreclosure, if Tenant is not then in default. In the event Tenant fails to
execute and deliver any such instrument within thirty (30) days of Landlord's request, Landlord is
hereby authorized to execute and deliver the same as attorney-in-fact for Tenant.
Section 17.02. Attornment. If, and so long as this Lease is in full force and effect and Tenant is not
in default hereunder, this Lease shall remain in full force notwithstanding a default under the
mortgage by Landlord, or the failure of Landlord to comply with this Lease, or any bankruptcy or
similar proceedings with respect to Landlord, If any such mortgagee shall become possessed of the
Demised Premises, Tenant shall be obligated to pay the Rent and other charges due hereunder to such
mortgagee and to thereafter comply with all the terms of this Lease, and if any mortgagee or
purchaser shall become possessed of the Demised Premises at a private or public sale, Tenant shall
without charge, attorn to such mortgagee or purchaser as its Landlord under this Lease.
ARTICLE XVIII
DEFAULTS
Section 18.01. Events of Default. If any one or more of the following events occur, said event or
events shall hereby be classified as a "Default":
(a) If Teriant, or any guarantor of Tenant's obligations hereunder, shall make an
assignment for the benefit of creditors or file a petition, in any state court, in
bankruptcy, reorganization or composition, or made an application in any such
proceedings for the appointment of a trustee or receiver for all or any portion of its
property;
(b) if any petition shall be filed under state law against Tenant or any guarantor of
Tenant's obligations hereunder in any bankruptcy, reorganization, or insolvency
proceedings, and said proceedings shall not be dismissed or vacated within thirty (30)
days after such petition is filed;
(c ) if a receiver or trustee shall be appointed under state law for Tenant or any guarantor
of Tenant's obligations hereunder, for all or any portion of the property of either of
them, and such receivership or trusteeship shall not be set aside within thirty (30) days
after such petition is filed;
Tenant .~
14 Landlord ~
(d) if Tenant fails to open for business on or before the date specified herein or at any time
thereafter ceases to continuously operate its business at the Demised Premises for
more than thirty (30) business days, or if Tenant vacates the Demised Premises;
(c) if Tenant is a corporation, if any part or all of its stock representing effective voting
control of Tenant shall be transferred so as to result in a change in the present effective
voting control of Tenant and such change is not consented to in writing by Landlord,
provided however this provision shall not apply if Tenant is a publicly traded
corporation:
it) if Tenant fails to pay Minimum Rent, Additional Rent, or any other charges required
to be paid by Tenant hereunder when the same shall become due and payable and such
l~ilure continues for thirty (30) days after ,,witten notice from Landlord;
/g) if Tenant shall fail to perform or observe any other terms and conditions of this Lease,
and such failure shall continue for thirty (30) days after written notice from Landlord
(except that such thirty (30) day period shall be automatically extended for such
additional period of time as is reasonably necessary to cure such Default if such
Default cannot be cured within such thirty (30) day period, provided Tenant
commences the process of.curing the same within said thirty (30) period and diligently
pursues such cure); and
(h) if any execution, levy, attachment, or other legal process or law shall occur upon
Tenant's goods, fixtures, or interest in the Demised Premises.
Section 18.02. Landlord's Remedies. Should a Default occur under this Lease, Landlord may
pursue any or all of the following:
(a) Landlord may terminate this Lease, by giving fourteen (14) days written notice of such
termination to Tenant, whereupon this Lease shall automatically cease and terminate
and Tenant shall be immediately obligated to quit the Demised Premises. Any other
additional notice to quit or notice of Landlord's intention to reenter the Demised
Premises, except as may be required by law, is hereby expressly waived. If Landlord
elects to terminate this Lease, everything contained in this Lease on the part of
Landlord to be done and performed shall cease without prejudice, subject however, to
the right of Landlord to recover from Tenant all Rent and any other sums due
hereunder for the full Term of this Lease.
(b) Upon termination of this Lease pursuant to Section 18.02(a), Landlord may proceed to
recover possession of the Demised Premises under and by virtue of the provisions of
the laws of jurisdiction in which the Demised Premises are located, or by such other
proceedings, including reentry and possession, as may be applicable. No termination
of this Lease nor any taking or recovering possession of the Demised Premises shall
deprive Landlord of any of its remedies or actions against Tenant for past or future
Rent, nor shall the bringing of any action for Rent or other Default be construed as h
waiver of the right to obtain possession of the Demised Premises.
(c) Should this Lease be terminated before the expiration of the Lease Term by reason of
Tenant's Default as hereinabove provided, or if Tenant shall abandon or vacate the
Demised Premises before the expiration or termination of the Term of this Lease,
Landlord shall give the option to relet the Demised Premises for such rent and upon
such terms as are not unreasonable under the circumstances and, in such event, if the
full Rent reserved under this Lease (and any of the costs, expenses, or damages
indicated below) shall not be realized by Landlord, Tenant shall be liable for all
damages sustained by Landlord, including without limitation, deficiency in Rent,
reasonable attorneys' fees, brokerage fees, and expenses of placing the Demised
Premises in first-class rentable condition. Landlord, in putting the Demised Premises
in good order or preparing the same for rerental may, at Landlord' s option, make such
alterations, repairs, or replacements in the Demised Premises as Landlord, in its sole
j udgement, considers advisable and necessary for the purpose of reletting the Demised
Premises, and the making of such alterations, repairs, or replacements shall not operate
Tenant .~
Landl°rd//--7~/~'
15
or be construed to release Tenant from liability hereunder as aforesaid. Landlord shall
in no event be liable in any way whatsoever for failure to relet the Demised Premises,
or in the event that the Demised Premises are relet, for failure to collect the rent under
such reletting, and in no event shall Tenant be entitled to receive the excess, if any, of
such net rent collected over the sums payable by Tenant to Landlord hereunder.
(d) Any damage or loss of Rent sustained by Landlord may be recovered by Landlord, at
Landlord's option, either at the time of the reletting in separate actions from time to
time, as said damage shall have been made more easily ascertainable by successive
relettings, or in a single proceeding deferred until the expiration of the Term of this
Lease (in which event Tenant hereby agrees that the cause of action shall not be
deemed to have accrued until the date of expiration of said Term).
(c) In tile event of a breach by Tenant of any of the covenants or provisions hereof,
Landlord shall have the right of injunction and the right to invoke any remedy allowed
at law or in equity as if reentry, summary proceedings, and other remedies were not
provided for herein. Tenant hereby expressly waives any and all fights for redemption
granted by or under any present or future laws in the event Tenant is evicted or
dispossessed for any cause, or in the event Landlord obtains possession of the
Demised Premises, by reason of the violation by Tenant of any of the covenants and
conditions of this Lease.
Section 18.03. Percentage Rent After Default. (Intentionally omitted).
Section 18.04. Additional Remedies and Waivers. The rights and remedies of Landlord set forth
herein shall be in addition to any other right and remedy now or hereinafter provided by law and all
such rights and remedies shall be cumulative. No action or inaction by Landlord shall constitute a
waiver of a Default and no waiver of Default shall be effective unless it is in writing signed by the
Landlord.
Section 18.05. Cure of Default. If Tenant shall be in Default hereunder, Landlord shall have the
option, upon seven (17) days written notice to Tenant, to cure such Default for the account of and at
the expense of Tenant. No such notice shall be required for emergency repairs. Tenant agrees to pay
Landlord interest, at a rate equal to two percent (2%) in excess of the prime rate of interest announced
from time to time by PNC Bank, Pittsburgh, Pennsylvania, but not in excess of the maximum legal
rate, for all sums paid by Landlord pursuant to the terms of this Article, and for all other sums due
and owing to Landlord under the terms of this Lease which are paid more than thirty (30) days after
the date such sums are due.
ARTICLE XIX
RIGHTS OF LANDLORD
Section 19.01. Right of Access. Landlord may, upon prior notice to Tenant (unless in case of
emergency), enter upon the Demised Premises for the purpose of inspecting, making repairs,
replacements or alterations, and showing the Demised Premises to prospective purchasers, lenders, or
lessees.
Section 19.02. Rules and Regulations. Tenant agrees that Landlord has the right at any time to
impose reasonable rules and regulations governing the conduct desirable to protect the general
welfare and safety of the people, property, and business within the Shopping Center. Landlord agrees
that insofar as applicable said rules and regulations will be enforced on a uniform basis against all
tenants in the Shopping Center. Tenant, as a covenant and condition of this Lease, agrees to comply
with and perform any and all such reasonable rules and regulations as the same may be amended or
supplemented from time to time by Landlord.
ARTICLE XX
END OF TERM
Section 20.01. Return of Demised Premises. Upon the expiration or termination of this Lease,
Tenant shall quit and surrender the Demised Premises and all improvements thereon to Landlord, in
Ten ,t
Landlord
good order, broom-clean, normal wear and tear excepted. Subject to the other terms of this Lease,
Tenant shall at its expense, remove all property of Tenant and all alterations to the Demised Premises
not wanted by LandlOrd, repair all damage caused by such removal and return the Demised Premises
to the condition in which they were prior to the installation of the article so removed.
Section 20.02. Holdinl~ Over. · If Tenant shall hold possession of the Demised Premises after the
expiration or termination of this Lease, at Landlord's option: (i) Tenant shall be deemed to be
occupying the Demised Premises as a Tenant from month-to-month at double the Minimum Rent and
Percentage Rent in effect during the last Lease Year immediately preceding such hold over and
otherwise subject to all of the terms and conditions of this Lease; or (ii) Landlord may exercise any
other remedies it has under this l.casc or at law or in equity including an action for wrongfully
holding over.
ARTICLE XXI
COVENANT OF QUIET ENJOYMENT
Section 21.01. Quiet Enjoyment. Landlord covenants that if and so long as Tenant pays the Rent
and all other charges provided for herein, and performs all of its obligations provided for herein,
Tenm~t shall at all times during the Term hereof peaceably have, hold and enjoy the Demised
Premises, without any interruption or disturbance from Landlord, or anyone claiming through or
under Landlord, subject to the terms hereof. Further, if and so long as Tenant pays the Rent and all
other charges provided for herein, and performs all of its obligations provided for herein Tenant shall
have open and unobstructed access to the Demised Premises for patrons and employees of Tenant.
Except, however, Landlord shall not be liable for failure to provide said quiet enjoyment and access
and shall not be considered in default when prevented from so performing by cause or causes beyond
Landlord's control including, but not limited to, labor disputes, civil commotion, war, fnce or other
casualty, governmental regulations, statutes, ordinances, restrictions, decrees, or acts of God.
ARTICLE XXII
MISCELLANEOUS
Section 22.01. Entire Al~reement. This Lease contains the entire agreement between the parties
hereto and there are no promises, agreements, conditions, warranties, or representations, oral or
written, other than as herein set forth.
Section 22.02. Notices.
(a) No notice or other communication given under this Lease shall be effective unless the
same is in writing and is delivered in person or mailed by registered or certified mail,
retum receipt requested, first class, postage prepaid addressed:
If to Landlord, to Old Capitol Mall Associates, L.P.
c/o Madison Realty Group, Inc.
437 Grant Street, Suite 1600
Pittsburgh, Pennsylvania, 15219
or such other address as Landlord shall designate by giving notice thereof to Tenant.
If to Tenant, to The City of Iowa City
410 E. Washington Street
Iowa City, Iowa 52240
or such other address as Tenant shall designate by giving notice thereof to Landlord.
Any such notice shall be deemed given when mailed as in this Section provided, or
delivered personally to the parties, their authorized agents and/or officers. Landlord's
attorney shall, on behalf of the Landlord, have the authority to give and execute any
notice or consent required hereunder.
(b) The Tenant shall give the Landlord's mortgagee(s), namely Fremont
Investment & Loan (175 N. Riverview Drive, Anaheim, CA 92808) or another
mortgagee(s) as Tenant is notified, notice of any default that could give rise to
Tenant ~
Landlord ~
Tenant's termination of this Lease or expenditure of money on behalf of the
Landlord. Such mortgagee(s) should also be given an appropriate time to cure
such default including the opportunity to obtain possession of Landlord's
interest, if necessary, to cure the default. Landlord shall notify Tenant of any
change in the mortgagee(s) for the Demised Premises.
Section 22.03. Governin~ Law. It is the intent of the parties hereto that all questions with respect to
the construction of the Lease and the rights and the liabilities of the parties hereto shall be determined
in accordance ~vith the laws of the jurisdiction in which the Demised Premises is located.
Section 22.04. Successors and Assil~ns. This Lease shall bind and inure to the benefit of the parties
hereto and their respective legal representatives, successors, and assigns subject, however, to the
terms of Article XVI hereof.
Section 22.05. Broker. Landlord and Tenant warrant and represent, each to the other, that there was
not broker or agent instrumental in consummating this Lease. Each party agrees to indemnify and
hold ham:less the other against any claims for brokerage or other commissions arising by reason of a
breach of this representation and warranty.
Section 22.06. Transfer by Landlord. Landlord hereunder shall have the right to freely assign this
Lease without notice to or consent of Tenant. The Landlord shall be liable under this Lease only
during the period of time while Landlord is the fee owner of the Demised Premises, and if Landlord
should sell or otherwise transfer Landlord's interest in the Demised Promises, Tenant agrees that
Landlord shall thereafter have no liability to Tenant under this Lease, or any modifications,
extensions, or renewals hereof, except for such liabilities that may have accrued prior to the date of
such transfer of Landlord' s interest.
Section 22.07. No Joint Venture. The terms of this Lease shall not be interpreted to mean that
Landlord and Tenant are partners or joint venturers, it being understood that the relationship of the
parties hereto is that of Landlord and Tenant.
Section 22.08. Waiver of Jury Trial. (Intentionally omitted).
Section 22.09. Invalid Provision. If any provision of this Lease or the application thereof to any
person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Lease,
or the application of such provision to persons or circumstances other than those as to which it is
invalid or unenforceable, shall not affected thereby, and each provision of this Lease shall be valid
and be enforced to the fullest extent permitted by law.
Section 22.10. No Waiver. No failure by Landlord to insist upon the strict performance of any term
or provision of this Lease to be kept, observed, or performed by Tenant, and no failure by Landlord to
exercise any fight or remedy consequent upon a breach of any such provision of this Lease shall
constitute a waiver of any such breach.
Section 22.11. Authority of Tenant. In the event that Tenant is a corporation, partnership, or other
entity, the person(s) executing this Lease on behalf of Tenant hereby warrants and represents that
Tenant is a duly constituted entity, qualified to do business in the state in which the Shopping Center
is located and that such person(s) is duly authorized to execute and deliver this Lease on behalf of
Tenant.
Section 22.12. Site Plan. Exhibit "A" consists of a site plan setting forth the general layout of the
Shopping Center and the Demised Premises. Landlord makes no warranty or representation to
Tenant that the Shopping Center will be constructed or will remain exactly as shown on the site plan.
Tenant agrees that Landlord has the right to change or alter any of the stores, cogon axeas, or any
other aspect of the Shopping Center and that Landlord has the unrestricted right to construct,
reconstruct, expand, sell or lease any portions of the Shopping Center without the consent of or notice
to Tenant.
Section 22.13. Estonvel Certificate. Tenant shall without charge, at any time and from time to
time, within thirty (30) days after receipt by Tenant of written request therefore from Landlord, or
from any mortgagee under any mortgage or any beneficiary under any deed of trust on the Demised
Premises, deliver in recordable form a duly executed and acknowledged certificate or statement to the
Tenant .LZ7
Landl°rd57~~
18
party requesting such certificate or statement certifying that: (i) this Lease is unmodified and in full
force and effect or if there has been any modification, that the same is in full force and effect as
modified, and stating such modification; (ii) the date of commencement of the Term of this Lease;
(iii) that all Rent is paid currently without any offset of defense thereto; (iv) the dates to which the
Rent and other charges payable hereunder by Tenant have been paid and the amount of all such Rent
and other charges, if any, paid in advance; (v) whether or not there is then existing any claim of
Landlord's default hereunder and if so, specifying the nature thereof; and (vi) any other matters
relating to the status of this Lease as shall be requested by Landlord or any such mortgagee or
beneficiary. In the event 'Yenant fails to execute and deliver any such certificate or statement within
seven (7) days of request therefore. Landlord is hereby authorized to execute and deliver the same as
attorney-in-fact for Tenant.
Section 22.14. Memorandum of Lease. This Lease shall not be recorded but a Men~orandum
hereof describing the property hereby demised and setting forth the Term hereof and any renewal
rights shall be executed by Landlord and Tenant in recordable form at the request of either party.
Either part)' shall have the right to record such Memorandum and all recording fees shall be paid by
thc part>' so requesting recordation. All conveyance fees and transfer taxes that are due and payable
as a result of the execution and delivery of this Lease shall be paid for by Tenant and Tenant shall
indemni~' and hold Landlord harmless from all costs, liabilities, and expenses arising therefrom.
Section 22.15. Limitation of LiabilieV. No individual, member of a joint venture, tenancy in
common, firm or partnership, general or limited, which may be the Landlord or any successor in
interest, shall be subject to personal liability with respect to any of the covenants or conditions of this
Lease. The Tenant shall look solely to the equity of the Landlord in the Demised Premises and the
rents, issues and profits derived therefrom for the satisfaction of the remedies of the Tenant in the
event of a breach by Landlord. If Landlord shall fail to perform any covenant, term, or condition of
this Lease upon Landlord's part to be performed and as a consequence of such default, Tenant shall
recover a money judgement against Landlord, such judgemerit shall be satisfied only out of the
proceeds of sale received upon the execution of such judgement and levy thereon against the right,
title, and interest of Landlord in the Demised Premises and out of rents or other income from the
Demised Premises receivable by Landlord or out of the consideration received by Landlord from the
sale or other disposition of all or any part of Landlord's fight, title, and interest in the Demised
Premises, and neither Landlord nor any of the partners, beneficiaries, officers, directors, venturers,
shareholders, or affiliated entities of Landlord shall be personally liable for any deficiency. It is
mutually agreed that this clause is and shall be considered an integral part of the aforesaid Lease.
Section 22.16. Reserved Easements. Tenant acknowledges that Landlord is either the owner or
may become the owner of land adjacent and peripheral to the Demised Premises and the Shopping
Center, and that such land may be developed in the future by Landlord, future owners, or others with
the construction of buildings, single and/or multiple story, and other improvements. Landlord hereby
reserves in favor of, and Tenant agrees that Landlord shall have the right to grant for the benefit of
the owner(s), present and future, occupants, employees, and invitees of such peripheral and adjacent
land, easements of access, ingress and egress, and utility easements over, under, through, and upon:
(i) the common areas identified in this Lease; and (ii) the Demised Premises in locations which do not
unreasonably interfere with Tenant's use and occupancy thereof, Such easements shall be
automatically and without any further action or documentation, upon recording of the same, superior
to any rights granted hereunder to Tenant.
Section 22.17. Realty Transfer Tax. In the event this Lease is deemed a transfer under the laws of
the jurisdiction in which the Demised Premises is located, Tenant shall pay any and all taxes due
under the terms of said law(s) to the appropriate governmental authorities.
Section 22.18. Effective Date of Lease. Submission of this instrument for examination or execution
by Tenant does not constitute a reservation of or option for lease, and this instrument shall not
become effective as a lease or otherwise until execution by and delivery to both Landlord and Tenant.
This Lease shall only become effective and binding upon the parties in establishing the relationship
of Landlord and Tenant as of the date first written above or the date Landlord executes this Lease,
whichever shall be the later to occur.
Tenant
19 Landl°rd-
IN WITNESS WHEREOF, Landlord and Tenant have executed this Lease on the dates indicated
below:
Signed 'n~~gence of: LANDLORD: Old Ca~~itol Mall Associates, L.P~~
Signed and acknowledged in the presence of: ~NAN ~ty of I " '
K. Kay, City ClOg Mayor
Date:
Tenant
20 Landl°rd/~i""~'~"'
TENANT ACKNOWLEDGEMENT
STATE OF
) SS:
COUNTY OF '~'otq,,q'-SoAJ )
On this, d,e 3 --"" day of 6cJDg;;~'v"' ,20Z:D, before me, a Notary
l'ublic. the undersigned officer, personall>' appeared ~c~ e~ ~, / ~ ~ a ~,
~c~t~ . known to me (or satisfactory proven) to be the person whose name is
: bscribed to the within instrumenL and acknowledged that (he/she/they) executed the same in the
SU ,
capacity therein slated and for the purposes therein contained.
IN WITNESS V~:HEREOF, I hereunto set my hand and official seal:
My commission expires:
LANDLORD ACKNOWLEDGEMENT
STATE OF I~-x.,,x~,.,(~,.2c-,,.x,c-x )
) SS:
COUNTY OF Ok'4k --,,k_~,,. -e_-,-- '--( )
On this, the "d--c'k4,4,---, day of 4c,~-X~t.,--~*---- ,20 C~, before me, a Notary
Public, the undersigned officer, personally appeared '~- r--,~___-dL_ ~U. 1~---4-:- t k ~
, known to me (or satisfactory proven) to be the person whose name is
subscribed to the within instrument, and acknowledged that (he/she/they) executed the same in the
capacity therein stated and for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal:
My commission expires: Notarial Soel
Lisa H. Petarini. Notap/Public
Pittsburgh, Allegheny County
My Commission Expires June 5, 2004
Member, Pennsytvania Association ot Notaries
Tenant
Landlord
21
~ WASHINGTON STREET
i~ n~ ~ (RIGHT-OF-WAY VaO11-I VARIES) ~ ~ °~ f' ~
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EXHIBIT
LEGAL DESCRIPTION
Washington Street Right of Way Acquisition
Iowa City Transit Facility
September 27, 2000
Commencing at a point on the south Right of Way Line of Washington Street and the east
Right of Way Line of Capitol Street,
thence easterly along the south Right of Way Line of Washington Street 137.12 feet to the
Point of B~ginning;
thence continuing easterly on said Right of Way Line 40.00 feet;
thence southerly approximately 24.29 feet to a point on the north face of the existing Mall
Building which is 34.00 feet east of the existing building corner;
thence westerly 34,00 feet along the north face of the Mall Building to a building corner;
thence northerly 14.30 feet along the east face of the Mall Building to a building corner;
thence westerly 6.00 feet along the north face of the Mall Building to a building corner;
thence northerly 6.00 feet along the east face of the Mall Building to a building corner;
thence continuing northerly 3.99 feet to the south Right of Way Line of Washington Street
to the Point of Beginning.
Said parcel contains 886 square feet more or less, as shown on attached Exhibit 'A".
Note: This easement is based on dimensions taken from a plat of survey entitled
'ALTA/ACSM Land Title Survey, Old Capitol Mall, Iowa City, Iowa' prepared by Shive
Hattery Inc. and dated 07/28/98.
Exhibit "D"
City of Iowa City
Old Capitol Town Center
Iowa City, Iowa
,2000
DELIVERY OF POSSESSION, TERM COMMENCEMENT.
TERM EXPIRATION
RENTAL COMMENCEMENT DATES
Tenant Name: City of Iowa City
Location: Old Capitol Town Center, Iowa City, Iowa
Demised Premises: As described in Exhibit A & B of the Ground Lease A.qreement
Delivery of Possession Date:
Term of Commencement Date:
Term of Expiration Date:
Rental Commencement Date:
Tenant has inspected the Demised Premises and acknowledges that the Landlord has delivered
the Demised Premises pursuant to the terms of the Ground Lease and that the dates as set
forth above are true and correct. This does not relieve Landlord of his responsibilities for any
latent defects nor his repair and maintenance responsibilities under this Lease.
CITY OF IOWA CITY
"TENANT"
BY:
TITLE:
DATE:
andy~oldcapctrexh .doc
Exhibit "E"
City of Iowa City
Old Capitol Town Center
Iowa City, Iowa
,2000
SIGN CRITERIA
Tenant's fascia sign ("hereinafier called "Sign") shall be designed, builtl installed, and
maintained in strict accordance with the following criteria:
1. Desiqn.
a. The $i9n shall be individually lighted letters mounted directly on the sign fascia,
or mounted on a continuous metal bar or raceway, All letters and symbols shall
be formed with metal sides and plastic faces; the letters shall have minimum
depth of four (4) inches with the plastic faces being a minimum of three-
sixteenths inch (3/16") thick. The Sign shall be lighted adequately to achieve an
even lightin9 level across the face of the letter. All wiring and electrical devises
shall be hidden from view. If a raceway or wiring bar is provided, it shall be
colored to match the sign fascia.
b. Mounting of the Sign shall be performed in a workmanlike manner. Tenant
accepts responsibility for any damage to the property caused by Tenant's sign
installer.
c. All materials used in the fabrication and mounting of the Sign, includin9 but not
limited to, fasteners, bolts, and screws shall be rustproof. If the sign fascia is
metal, then the fascia shall be protected from galvanic reaction with all metal
parts of the Sign.
2. Size. The Sign shall conform to the following size and location requirements:
a. The length of the Sign shall not be greater than eighty percent (80%) of the
frontage of the Demised Premises. The length of the Sign shall be measured
from the outer edge of the first letter to the outer edge of the last letter.
b. The vertical height of the Sign shall not be greater than fifty percent (50%) of the
sign fascia, and in no case shall the vertical height of the Sign be less than
eighteen inches (18"). The vertical height of the Sign shall be measured from the
tallest letter and shall include the tails of lower case letters that extend below the
line. In cases where Sign letters re stacked, the vertical height measurement
shall include all stacked letters and the spaces between letter rows. Raceways
and wiring bars shall be included in the vertical height measurement.
3. Location. The Sign shall be centered on the Tenant's storefront horizontally, and shall be
centered on the sign fascia vertically. If the fascia is angular, the Sign shall be mounted
andy%oldcapctrexh .doc
perpendicular to the ground and diagonal bracing shall be attached to the rear of the
sign.
4. Landlord's Approval. Tenant. at Tenant's sole expense, shall have prepared and shall
submit to Landlord three (3) copies of the plans and specifications for Tenant's Sign,
prior to fabrication of the Sign. The plans shall include detailed information concerning
the size, location, materials, color, electrical devises, and connections. Landlord shall
have ten (10) working days from receipt of the plans to approve/disapprove them.
Applicable Laws. Tenant is responsible for securing all necessary permits and approval
from governmental authorities having jurisdiction. Tenant shall further cause the Sign to
be fabricated and installed to comply with all applicable laws, rules, and ordinances
promulgated by the government authorities having jurisdiction, and in accordance with
the plans approved by Landlord.
6. Other Si¢lna.qe. Tenant shall not place any under-canopy signage in front of the Demised
Premises without prior written approval of Landlord. In the event Landlord determines
that under-canopy signs are desirable by the Shopping Center, Tenant shall place such
a sign according to specifications provided by Landlord. Tenant shall be prohibited from
placing any other signage on. about, or in front of the Shopping Center, or the Demised
Premises, without the prior written consent of Landlord. This shall include, but not be
limited to: banner signs, marquee signs, trailer signs, billboard signs, and window
painted signs. If Tenant violates this restriction, Landlord shall have the right, without
notice to Tenant. to remove such sign without liability therefore.
7. Maintenance. Tenant shall maintain the Sign during the Term of this Lease and any
extension thereof. The Sign shall be kept clean and in operating condition and Tenant
shall develop a continuing maintenance program to ensure same.
andy\oldcapctrexh doc
GROUND LEASE AGREEMENT
TABLE OF CONTENTS
Article I
Denrise and Term ...............................................................................1
Article II
Rent ....................................................................................................2
Article III
Records and Books of Accounts ........................................................3
Article IV
, Audit ...................................................................................................3
Article V
Construction of Building and Other Improvements ........................... 3
Article VI
Conduct of Business ...........................................................................6
Article VII
hnpositions .............................................................................2 ...........
Article VIII
Marketing Fund ................................................................................8
Article IX
Common Area ...................................................................................8
Article X
Utility Services ........... .......................................................................8
Article XI
Signs .................................. ................................................................9
Article XII
Repmrs Maintenance and Compliance w~th L
Article XIII ' ' "' .- ' ............................
Insurance and Liability ...................2:x:,2,y ......./ ..................................9
Article XIV . ,,,~
Article XV Damage, Destruction, and Restorahon..: ~ .................................... 10
Condemnation ....................................(~ .......: .................................11
Article XVI /
Assignment, Subletting, and Encufibering Leas ........................... 11
Article XVII /
ii!t'dination and Attornment. ;: .....................................................13
Article XVIII f
Defaults .............................../. .........................................................13
Article XIX . //
g s o Landlord ..........Z ...............................................................15
/
Article xx .................................................................
End of Term ............. 15
Article XXI
Covenant of Quiet I}'hjoyment .................................................... ;L ... 16
Article XXII
M i scel laneous.....!. ...........................................................................16
EXHIBITS
Exhibit "A" Site Plan of the Shopping Center
Exhibit "B" Legal Description of the Demised Premises
Exhibit "C" Concept Layout Drawing
Exhibit "D" Commencement and Termination Date Declaration
Exhibit "E" Delivery Date Certificate
Exhibit "F" Sign Criteria
GROUND LEASE
THIS GROUND LEASE CLease') is made and entered into this day of ,20 by
and between Old Capitol Mall Associates, L.P., c/o Madison Realty Group, Inc., hereinafter called
"Landlord", with an office located at 437 Grant Street, Suite 1600, Pittsburgh, Pennsylvania, 15219,
and the City of Iowa City, whose address for the purpose of this lease is 410 E. Washington Street,
Iowa City, Iowa 522x4,0, hereinafter called "Tenant".
'~.. ARTICLE I
'. DEMISE AND TERM
Section 1,01, PUrpgse, Land~rd owns that certain parcel of real property containing
1700 square feet and located v~hin the connnercial retail development commonly as Old
Capitol Town Center (the "Sho/~ping Center") as shown on the site plan hereto and
incorporated herein as Exhibit "Ax~ Tenant desires to lease said parcel of property from
Landlord and to construct and de' lop thereon a one-story commercial building
containing approximately six hundredth00) square feet of floor area (the on the terms
and conditions set forth herein.
Section i.02. Demise. Landlord, in of the Rent to be and the covenants to be
performed by Tenant hereunder, does hereb' and lease to and Tenant does hereby
rent and lease from Landlord, said parcel outlin{ on Exhibit "A" property situated in the City
of Iowa City, County of Johnson, and State of as more in Exhibit "B", attached
hereto and made a part hereof, together with the other improvements constructed
thereon pursuant to the terms contained herein (the subject to the covenants,
restrictions, and easements of record and the terms ions of this Lease. A Concept Layout
Drawing depicting the Demised Premises, together Building, is attached hereto and made a
part hereof as Exhibit "C".
Section 1.03. Term. The term of this Lease shall of forty (40) years, commencing
upon the Commencement Date, as defined in Secti n ~f, and terminating forty (40) years
thereafter, unless extended or earlier terminate as ~erein (the "Lease Term" and/or
"Terns"). If requested by Landlord, upon the Co mencement of the Term, or at any other time,
Section 1.04. Commencement Date. /
(a) The date upon which th~)/Tb'Ienant shall obli. for business and commence
the payment of Rent sha e known as and shall occur on
the earlier of the follow~g dates:
/
(i) The date Tenet opens for business; or
(ii) Upon the 9~piration of a one hundred twenty ~v day period, hereinafter
(b) S uld Tenan~/s obligation to pay Rent commence on a day otlter than the first day of
partial mon~ on a per diem basis. Payment of said Rent shall be due and payable on
the Commqncement Date.
Section 1.05. Pad Deli ~ rV Date. Landlord shall give Tenant prior notice of the projected date on
ihlilc ' ' ' ' 1 is '
Landlord' s Work is substantially completed and the Demised Premises are ready for Tenant to begin
its work, Landlord shall execute a Pad Delivery Date Certificate substantially in the form of Exhibit
"E', attached hereto and made a part hereof. The date specified in such Certificate as the date on
which the Demised Premises have been delivered to Tenant shall be the "Pad Deliver Date".
Tenant
Landlord
1
In the event Landlord shall be unable to deliver possession of the Demised Premises to Tenant for
any cause whatsoever, the Rent shall not commence until the date set forth in Section 1.04 hereof.
Tenant agrees to accept such abatement of Rent as liquidated damages in full satisfaction for the
failure of Landlord to deliver possession on time or complete failure of delivery of possession, to the
exclusion of all rights and claims for damage which Tenant otherwise may have suffered as a result
of Landlord' s delayed or complete failure of delivery of possession.
Section 1.06. Ontion to Renew. As additional consideration for the Rent and covenants to be paid
and performed by Tenant, Tenant is hereby given the option to extend this Lease for one (1)
additional, independent, consectlh, ve period of forty (40) years each ("Renewal Term"), provided that
Tenant gives Landlord written n01ice of its intent to exercise any such option not less than six (6)
months prior to the expiration of the immediately preceding Term of this Lease, In the event Tenant
fails to exercise any such option within said time period, such option shall expire and all subsequent
options granted herein, if any, shall become null and void. Provided, however, that the granting of
said option(s) shall, at Landlord's election, be voidable should Tenant be in default in the
performance of any of its obligations under the terms of this Lease upon the date $~f exercise of said
option by Tenant. The terms, covenants, a~d conditions of each Renewal Term .shall be the same as
the terms, covenants, and conditions of this Lease, except for the following modi/i~cations:
/
(a) The Tenant shall have no fi~rther right of renewal after expiration of the last
Renewal Term.
(b) During and for each Renewal TernX, s. Tenant shall pay Rent in accordance
with the following Schedule: ",\
Renewal Term ' ' ' Minimum Rent
Section 1.07. Lease Year. The term "Lease Year", herein, shall mean each consecutive
twelve (12) month period, comprising the Lease Term renewal thereof. The first Lease Year
shall begin on the Conunencement Date, as defined 1.04 hereof, and continue for twelve
(12) full calendar months thereafter. Each commence on the anniversary
date of the first Lease Year.
RENT
Section 2.01. Minimum Rent.
(a) For and during each Year of the Term of this Tenant hereby covenants
and agrees to pay to Landlord, in equal monthly in advance, on the
first day of each calendar month, without or set-off and without
demand, at Landlot office or such other place as may, from time to time,
designate, Minim Rent for the Demised Premises with the following
($1.08) 9 )0 Dollars ($0.09)
(b) The first insta: lment of Minimum Rent shall be paid Date.
IfTenant's obligation to pay Rent commences on a day
Date (i .e. a day other than the first day of a month), Rent for such
previous partib, l month shall be Zero and 9/100 Dollars ($0.09).
\
Section 2.02. Percentage Rent. (Intentionally omitted).
Section 2.03. Gross Sales. (Intentionally omitted).
Tenant
Landlord
2
Section 2.04. Payments by Tenant. Throughout the Term of this Lease, Tenant shall pay to
Landlord, without demand, deduction, set-off, or counterclaim, the "Rent", which is hereby defined
as the sum of the Minimum Rent and all other sums designated hereunder as "Additional Rent", when/._
and as the same shall be due and payable hereunder. Failure to pay any amount of Additional Re~-
carries the same consequences as Tenant's failure to pay Minimum Rent. All payments and chaxg~s
required to be made by Tenant to Landlord Hereunder shall be payable in lawful currency Of the
United States, at the address indicated in the preamble to this Lease, or such other a~d~ess as
Landlord may, from time to time, designate in writing. No payment to or receipt by Landlord of a
lesser amount than the amount requirett--t~ be paid hereunder shall be deemed to be other than on
account of the earliest amount of such obli~t!on then due hereunder. No endorsement or statement
on any check or other communication accomphOying a check for payment of any amounts payable
hereunder shall be deemed an accord and sati~ction, and Landlord may accept such check in
payment without prejudice to is right to recover the~.~alance of any sums owed 115y Tenant hereunder
or to pursue any other remedy provided in this Lease. %
Section 2.05. Late Charge. In the event any payment ~ Rent required ~'~'be paid hereunder is not
received by Landlord on or before the fifth (5th) calendar db.,y after the sa}fie is due, then, for each and
every such late Rent payment, Tenant shall immediately p , as Add)tional Rent, a service charge
Tenant are not made at or before the times herein stipulated.
ARTICLE III
RECORDS AND BOOKS OF C(
Section 3.01. Tenant's Records. (Intentionally omitted).
Section 3.02. Reports by Tenant. (Intentionally
ART1CEI AUDI
Section 4.01. Right to Examine Books. (Intentiol ly omitted).
Section 4.02. Audit. (Intentionally omitted).
V
CONSTRUCTION OF BUILD AND OTHER IMPROVEMENTS
Section 5.01. Responsibilities of Tenant. shall develop the Demised Premises and.
there.on the. Building and other !mprovement . ,, des. cribed in accorda~.ce with the ,, ~.~ons
nt
Demised Premises, including the constin 'lion by Tenant thereon of the Building and all
required improvements CTenant's Work' , shall be performed by Tenant, at its sole cost
expense, except as provided in Sections 5.06 and 5.07 below.
Section 5.02. Tenant's Work. Tenant shall construct its Building, parking area, entrance and exit
driveways, and other improvements in the locations shown on Exhibit "C" hereof, and otherwise
perform Tenant's Work hereunder in accordance with this Article V. No portion of Tenant's Work
shall be commenced and no improvements, additions, alterations, or replacements of any kind shall at
any time during the Term hereof be constructed by Tenant except in strict accordance with: (i) the
Design and Construction Standards attached hereto as Exhibit "F"; and (ii) the "Plans and
Specifications" of Tenant (as hereinafter described) that have been approved by Landlord, provided
that after initial completion of construction of Tenant's Work, Tenant shall have the right to modify
or alter such improvements if: (i) such modifications do not in any way alter the gross square footage
or exterior appearance of Tenant's Building;
Tenant
Landlord
3
(ii) such modifications do not constitute structural changes to Tenant's Building; (iii) such
modifications do not in any way alter the entrance and exit points and driveways shown on Exhibit
"C'; (iv) such modifications do not in any way alter the signage approved by Landlord; iv) such
modifications do not in any way alter the size, number, or layout of parking spaces shown on Exhibit
"C'; and (vi) such modifications comply with the Design and Construction Standards. In no event
shall Tenant apply for or obtain any permits, variances, approvals, etc., from any regulatory,
municipal, or other governmental authority that would operate to alter the Concept Layout Drawing,
signage, entrance an~exit points, driveways, parking specifications, or Plans and Specifications
approved by Landlord 0r,,that would in any way deviate from the requirements set forth in this Lease
and the Design and Con~t,ruction Standards, without the prior written approval of LandlOrd, the
granting of which approvaI'~shall be in Landlord's sole discretion. Tenant's Building "d other
improvements constructed hereunder shall be depicted on a set of final "as-built";P/~lZs and
Specifications and, when completed, a copy thereof shall be furnished to Landlord by Tci;ant.
/
Section 5.03. Tenant's Plans and Sl~ecifications.
(a) Tenant shall prepare, at 'its sole cost and expense, a complete set tailed Plans and
Specifications for Tena/it's Building, parking area, entrance/and exit driveways,
signage, and other such improvements in accordance with J~is Article V and the
Design and Construction S(~ndards, and deliver the same ¢ Landlord within thirty
not be ur nreasonably withhelXx orx elayed, and shall e~Z approval or disapproval
(together with its reasons for any ch disapproval) n the Plans and Specifications
deliver such revised Plans and Specifi lions to/Landlord for final approval within
thirty (30) business days following nan s receipt of Landlord's requested
modifications. Notwithstanding the forego provisions, Landlord shall use its best
efforts to approve or make objections to Te t's Plans and Specifications as rapidly
as possible and shall notify Tenant expedil/ou ly after any such decisions are made.
If, despite the good faith efforts of Landlo ~ and enant such Plans and Specifications
from further liability hereunder. /
/
( ) !an~i3 d, by approving the Plans/and Specifications, oes not assume any liability
therefore or make any warrant as to the suitability of materials or equipment
specified therein and Landlor shall not be liable for y defect in construction
completed in a~cordance withe Plans and Specifica 'ons or any equipment,
ac 'nery, appliance, or matT/~al incorporated therein.
Section 5.04. Tenant's Construction. 'pon the later of: (i) the Pad Deli ery Date, as defined
herein; or (ii) Landlord's approval of enant's Plans and Specifications, T ant shall forthwith
Specifica ions so that the Demised Pr,~/mises shall be completed and the Building en for bus. iness
Center and the operation of the .Shopping Center. Tenant's construction equipment and materials
shall be located in areas ' ' . In the event it is necessary for Tenant to
Tenant's Work, such incidental 4ncroachment shall be coordinated with Landlord so as not to burden
or interfere with the operatioq of the Shopping Center and Tenant shall take all precautionary
measures to protect Landlord'~ property and the safety of others when performing work in such
encroachment areas. The design of Tenant's Building and other improvements and the materials used
in the construction thereof shall be new and of first-class quality, and shall be constructed and
installed in a good and workmanlike manner.
\,
X
Tenant
Landlord
4
Prior to commencing construction of Tenant's Work and until final completion thereof, Tenant shall
obtain on behalf of itself and its contractors or subcontractors, builders risk insurance in an amount at
least equal to the contract price for constructing Tenant's Work, comprehensive general liability
insurance, workdnan's compensation - employers liability insurance, owner's protective liability
insurance, and such other insurance as Landlord may reasonably determine to be necessary, in
amounts which are reasonable, customary and standard in the industry, with respect to the. scope and
nature of ~vork b ' g performed. All such insurance shall be written by duly insurance
companies, aecepTaa~"~o Landlord, shall nan~e Landlord and Landlord's additional
named insureds, and shaH. o. therwise be acceptable to Landlord in all material Tenant shall
deliver certificates of insurah~ to Landlord prior to the commencement certificates
shall provide that no change or ea, ncellations of such insurance coverage shall
thirty (30) days prior written notice to Landlord. Landlord shall have the right to require
Tenant to furnish appropriate perform~.nce and payment bonds prior to of Tenant's
Work. Tenant shall indemnify and hQld Landlord harmless from all expenses and
liabilities, including court costs and attorr/ey's fees, arising out of the of Tenant's Work.
All risks of construction shall be borne by Tenant, and Tenant shall p restore and repair to its
prior condition any portion of Tenant's Work ..a,.nd/or any property that may be
damaged or destroyed during the course of construction, quacy of availability of
insurance proceeds. Tenant shall obtain all pei~mits or for the construction of
Tenant's Work and shall pay all costs associated. shall use its best efforts in
contracting for, and construction of, Tenant's creation of any labor disputes an,
should labor disputes arise, Tenant shall immediately a~d obtain their resolution
so that construction may proceed and further, so that to the Shopping Center is at no time
disturbed by pickets or other evidence of labor Tenant's Building and all other
improvements comprising Tenant's Work shall be completed, and Landlord shall be
furnished with a certificate to such effect by the ' ' construction of Tenant's Work,
together with a copy of a final, unconditional for the Building, on or before
the expiration of Tenant's Building Period.
Section 5.05. Mechanie's Liens.
(a) Prior to Tenant's of work in, on, the Demised Premises, Tenant
shall file a "Stipulation Liens" executed by as owner, and Tenant's
contractor, in the Office of the County in ch the Demised Premises is
located. Tenant shall to Landlord a copy of Against Liens,
together with a filing prior to the work.
(b) Tenant shall not any mechanic's, laborer's, contractor's, or
subcontractor's to be filed against the Demised labor or materials
and shall hold and the Demised Premises harmless any such liens.
However, if an mechanic's, laborer's, or subcontractor's
lien is filed gainst the Demised Premises, other than from construction of
Landlord's o.rk., Tenan. t shall cause i! to be discharged of record i 'n fourtee. n (1.4)
provide a ond to remove such lien from the Demised Premises and proce to contest
~sed Premises w~th~n fourteen (14) days' then ~n add~tmn other
any such laim. If Tenant fails to discharge the lien or provide such a bo~ ~ remove
it fronl .......
'g t or remedy, Landlord on three (3) days written no~ice to Tenant or
rl h
notice as may be required to prevent foreclosure of the lien, may discharge the
in procuring the discharge of such lien, shall be by
Tenant to Landlord on demand.
Section 5.06. Landlord's Work. Landlord shall deliver the Demised Premises in "as-is" condition.
Section 5.07. Landlord's Contribution. (Intentionally omitted).
Section 5.08. Ril~hts in Improvements. The Building and all other improvements constructed on
the Demised Premises shall be and remain the property of Tenant until the expiration or earlier
termination of the Term, at which time title to said Building and other improvements shall revert to
the Landlord.
Tenant
Landlord
5
All trade fixtures, signs, and apparatus owned by Tenant and installed in the building situated on the
Demised Premises shall remain the property of Tenant and shall be removed upon the expiration of
the Term of this Lease, provided that Tenant shall not at such time be in default hereunder and,
provided further, that Tenant shall repair any damage to the Building caused by such removal. If
Tenant shall at any time be in default hereunder, Landlord shall be the benefit of any applicable lien
on Tenant's personal property and fixtures located within the Building to the extent any such lien
may arise or be permitted under the laws of the state in which the Demised Premises is located, and
in the event any such lien so exists, the lien has been satisfied and all defaults have been cured.
defined w) t its obligations under this Lease for more than (30) days,
including Saturdays, Sundays~'.and holidays, such party shall give to the other written
notice within fourteen (14) da~)'~\of such occurrence shall result in a forfeiture to a Force
Majeure extension. Upon such 'Uotice, any obligations inhibited by the Majeure shall be
suspended during its continuance,".l~ut only to the extent that such party inhibited in
performance. Landlord or Tenant sh~exercise reasonable diligence to the Force Majeure as
t~:~ lk lo
quickly as possible, but shall not be r uired to settle sir' es, ck-outs, labor difficulties,
other than on reasonably acceptable s. Nothing in this shall limit Tenant's
obligations under Section 5.04, with resp~.it to labor disputes, which access to the Shopping
Center· "Force Majeure" means an act of ublic enemy, war, bloc c' or riot; earthquake, flood,
explosion, lightning, fire, or storm; strike, loc -out, or industrial dis ~ ce; governmental restraint
or moratorium, including, but not limited to,~c~'a~ changes in ' ,r moratorium in the issuance of
building permits or other permits required to cob4tmence or construction not resulting from
Tenant's actions or failure to act; or any cause : with the terms
of this Lease and is beyond the reasonable Force Majeure shall not
include an event related either party's own or other financial difficulties.
Notwithstanding anything to the contrary contained no event shall Force Majeure operate to
reduce, limit, or otherwise affect Tenant's obligationx' imely pay all Rent and other sums due
hereunder.
\
CONDUCT ;S
Section 6.01. Use and Trade Name. Tenant use and o upy the Demised Premises for the
following purposes only, and for no other p for the Cit Downtown Transit Information
Center and Transit Interchange, and incidental for other non-retai ommercial activities reasonably
related thereto.
Section 6.02. Oneninl~ and Ooeration. Ten. tnt agrees to open for usiness to the public at the
entire Demised Premises on or before the xpiration of the Building Peri d and thereafter to conduct
its regular business operations having i interior and exterior lights on s if Demised Premises is
open for business, continuously on all d s and at all hours during which th Shopping Center is open
for business. Tenant shall conduct i regular business operations as ou ined herein during the
following hours, except for Sundays d national holidays: Monday through aturday, 6:20 a.m. to
10:30 p.m. In the event that Tenant beaches the terms of the previous sentenc and fails to open for
(10) business days or more, then ii~ any such event Tenant shall be in defaul hereunder and in
addition to. a.ny o!her d.efault remezlies provided for herein, Landlord shall also ave the right of
mandatory ~njuncuve rehef. ' t
Section 6.03. Tenant's Warranties. Tenant warrants, represents, and agrees to ang,with Landlord,
that throughout the Term hereof it shall: (i) keep the Demised Premises and any platform or loading
dock used by Tenant in a neat, clean, sanitary, and safe condition; (ii) pay, before delinquent, any and
all taxes, assessments, and public arges imposed upon Tenant' s business or fixtures, and pay when · . ; ....
days notice thereof; (iv) observe all restrictive covenants of record which are applicable to the
Demised Premises, provided the same do not prohibit Tenant's permitted use of the Demised
Premises as set forth in Section 6.01 hereof; (v) not use the parking areas or sidewalks or any space
outside the Demised Premises for display, sale, storage, or any other similar undertaking;
Tenant
Landlord
6
(vi) park and shall cause it invitees, customers, licensees, and employe~s to park their vehicles only
on those parking areas developed within the Demised Premises, and no use of the parking facilities
within the Shopping Center and situated outside of the Demised Premises shall be permitted; (vii) not
use any advertising medium or sound devices inside the Demised Premises that may be heard outside
the Demised Premises, or permit any objectionable odors to emanate from the Demised Premises;
(viii) keep the Demised Premises sufficiently heated to prevent freezing of water in pipes and fixtures
in and about the Demised Premises; (ix) keep the temperature within the Demised Premises at such
levels as may be required by any federal, state or local laws, ordinances or regulations; ((x) employ
only such labor in the performance of any work in and about the Demised Premises as will not cause
any conflict or controversy with any organization representing trades performing ~vork for
Landlord, its contractors or in or about the Shopping Center; (xi) not any
auction, going out of business sale ing sale, liquidation sale, distress sale, sales, or
bankruptcy sale, etc. (whether real or conduct the type of business ' referred to
as "cut-price"; (xii) not use or permit the use any part of the Demised Premises for sale, rental,
display, or operation of amusement, or video machines, games, cas~, or devices
without the prior written consent of Landlord the sale or offering of lottery or raffle
tickets or permit any form of games of chance gambling, in any form, such similar
consent; (xiii) not erect any antennae, air or ventilation outside of the
Building except as may be mutually agreed upon by parties; (xiv) not or permit the use,
generation, storage, or disposal in or about the Premises or the Center of any
substances, materials, or wastes subject to regulations any federal, or local laws from
time to time in effect concerning hazardous, toxic, or mated (xv) keep the Demised
Premises, and signs and external lights thereon, properly the hours established by
the rules and regulations of Landlord for the Shopping Center repair and/or replace any
signs or lights which cease to illuminate; and (xvi) not use the D Premises in a manner which
will create extra hazardous conditions, nor use said Demised in violation of any law,
ordinance, or regulation. Tenant further warrants, represents, that it will not offer any
goods or services, which Landlord in its sole discretion inconsistent with the image
of a first-class family-oriented regional retail development, nor s display or sell any goods
containing portrayals, which Landlord in it sole discretion, dete: lewd, graphically violent,
or pornographic.
Section 6.04. Lellal Recluirements. Tenant shall, at its s e expense, comp with all laws, orders,
ordinances, and with directions of public officers thereun er, and with all ap icable Board of Fire
Insurance Underwriters regulations, respecting all matter of occupancy, conditi or maintenance of
the Demised Premises, whether such orders or direction shall be directed to Ten t or Landlord, and
Tenant shall indemnify and hold Landlord hamsless fim any and all costs or ex nses on account
thereof. Tenant shall procure and maintain all li enses and permits legally n essary for the
operation of Tenant's business and allow Landlord t inspect the same on request.
Section 6.05. Competition. (Intentionally omitte .
AR CLE VII
IM SITIONS
Section 7.01. Payment by Tenant. Co mencing .o.n the Pad Delivery Date and conh uing
e
r
fees, and other authorization fees, future substitutes for such taxes, and all other similar charges of
every kind, including all penalties and i~terest thereon, levied upon the Demised Premises, or any
improvements situated or constructed thereon, any gross receipts tax, tax on rents, or any other tax
levied against Landlord because of the Rent, other than federal, state, or local income taxes, and all
governmental authority and/or regulation. Tenant shall pay all such Impositions, which are
separately assess against the Demised Premises and shall provide Landlord with documentation
evidencing such payment no later than fourteen (14) days before the delinquency date, unless Tenant
is exempt from a specific payment of Impositions by an applicable governmental authority and/or
regulation.
Tenant
Landlord
7
With respect to Impositions, which are not separately assessed against the Demised Premises, Tenant
shall pay any and all such Impositions levied upon the Demised Premises, or any improvements
situated or constructed thereon, to Landlord within thirty (30) days of receipt of Landlord's written
invoice therefore. If any Imposition is payable in installments, Tenant may pay such Impositions as
installments become due and payable.
ARTICLE VIII
MARKETING FUND /
Section 8.01. Tenant's ContribUtion. (Intentionally omitted).
-,,,
xX ARTICLE IX
ON AREA
Section 9.01. Common Area. Tenant acknowledges that there exists within the Center
(excluding the Demised Premises) certain vacan landscaped, or improved areas for the
identified on the attached site pl~. Notwithst~ding ~} hing to ~e contr~ con' ~ ~e generally
in ~is Lease,
Landlord shall have the right, at ~y time and from ti to time, wi~out noti to or consent of
Tenet, to ch~ge ~Tt~L~' ' , ' , ~eas, or ~y p~
other buildings and improvements of ~y type. Subject to ~ easements resffictions of record
exclusive control and m~agement o right, at ~y time ~d
from time to time, to establish, modify, ~end, ~d enBrce ~d regulations ~
respect to the common aeas ~d the use thereof. Tenet by ~d conBin ~ such
roles and regulations upon receipt of notice thereof ~d to cause :oncession~res, invitees, ~d
licensees ~d their employees and agents to do the s~e.
Section 9.02. Common Area Maintenance. Tenet agrees tc ~d keep in good
se~ice ~d repair the entire Demised Premises, at its sole cost Br ~d d~ng the Tern
hereo[ Fu~her, Tenant agrees to police and maintain, at cost the colon areas
of the Shopping Center proximate to the Demised Premises of all Breign deb~s/ma~er
directly attributable to patrons of the Demised Premises, ~e event f~ls to perBin its
obligations herein aRer t~ee (3) days ~en notice from L~dlord have ~e right to
perBrm such obligation. All costs ~d expenses to L~d Br perfoxing obligation, plus a
fiReen percent (15%) administration fee shall become ~d [ from tMny (30) days
Bllowing Tenant's receipt of a bill from Landlord for such obligation. Such fail~e of
Tenet to perfore such obligation shall constitute a ault ~ outlined in ~icle herein ~d
shall be subject to Landlord's remedies outlined
ARTI~ JE X
UTILITY
Section 10.01. Installation of Utilities. furnish, install, and extend at it's own ~ost and
expense, all necessary facilities within the Premises so as to provide separately metered
utility services for the Demised Premises im capacities adequate to properly operate Tenant's
business. Tenant shall arrange for telephone ~ervice for its Demised Premises with the appropriate
company supplying the same in the area in which the Demised Premises is located and shall pay all
charges therefore. Landlord shall not be responsible for providing any meters or other devices for the
measurement of utilities supplied to the Demised Premises.
Section 10.02. Payment of Utilities. Tenant shall be solely responsible for and shall promptly pay
all charges for water, gas, heat, electricity, sewer, and any other utilities used upon or fumished to the
Demised Premises, together with all levies, taxes, and surcharges thereon, unless Tenant is exempt
from payment of said levy, tax, or surcharge by an applicable governmental authority an/or
regulation.
Tenant
Landlord
8
Section 10.03. Nonliability of Landlord. Landlord shall not be liable to Tenant in damages or
otherwise if any one or more of said utility services or obligations hereunder is interrupted or
tem~inated because of necessary repairs, installations, construction and expansion, non-payment of
utility charges due, or by reason of governmental regulation, statute, ordinance, restriction or decree,
or any other cause beyond Landlord's reasonable control. No such interruption or termination of
utility service shall relieve Tenant from any of its obligations under this Lease.
ARTICLE XI
SIGNS
/
Section 11.01. Exterior Signs. Tenant, at its own cost and expense, shall be obligatec install an
exterior sign advertising its busine trade name on the Demised Premises in with the
· . · , ,
i e sign. Tenant shall
not exhibit or affix any other type of sign, d6~.al, advertisement, notice, writing on the
Building or on the Demised Premises, nor sha~ Tenant affix any antennae, or other
projection to the roof or the outside walls or winZt~ws of the Buildin Landlord's prior
written approval.
Section 11.02. Interior Signs. Tenant agrees that all '~vindow advertising materials and
signs shall be in keeping with the character and standards ~ the within the Shopping
Center as determined by Landlord and Landlord reserves the require the Tenant to correct any
nonconformity.
ARTICLE XII
REPAIRS, MAINTENANCE, AND LAW
Section 12.01. Repairs and Maintenance. Landlord not be o igated to maintain or make any
improvements, additions, or repairs of any kind to Building, area, exit and entrance
driveways, or other improvements situated on the D. ;cd Premises. all times during the Term,
Tenant at its sole cost and expense, shall maintain Demised and the Building, parking
area, exit and entrance driveways, and other thereon part thereof in good
order, condition and repair, and in a first-class orderly, and safe ~ndition, and in the event
Tenant fails to do so, Landlord shall have the ri at its option, to d maintain the Demised
Premises and the Building, parking area, exi and entrance driveways, d other improvements
thereon, and Tenant shall pay the costs there~ r '.to Landlord, as Additional ent hereunder, within
thirty (30) days of receipt of Landlord's inv ic ;. Tenant shall not commit r suffer waste on the
Demised Premises. Repairs shall include r la, :ements or renewals when nee sary or appropriate,
and all such repairs made by Tenant shall first comply with the provisions of ection 5.02 before
undertaking any repairs·
Section 12.02. Compliance with Law. enant, at its sole cost and expense, shall omptly comply
obtain all licenses and permits requir ~d by law for Tenant's construction, repairs, remode 'ng of and
o orations on the Demise Premises.
ARTICLE XIII
IN~.RANCE AND LIABILITY
Section 13.01. Fire and Extended Coverage Insurance. During the Term hereof, Tenant at its sole
cost and expense, shall maintain in force policies of insurance covering loss or damage to the
Building and all other improvements situated on the Demised Premises in an amount not less than the
full replacement cost thereof (determined not less often than once every five (5) years), against all
perils included within the classification of fire and extended coverage, vandalism, and malicious
Tenant
Landlord
9
mischief. The policies shall name both Landlord and Tenant as insured parties, shall be issued by
duly licensed insurance companies approved by Landlord, and shall provide that any proceeds shall
be paid to Landlord and Tenant as their interests may appear. All proceeds payable under such
insurance policy in excess of One Hundred Fifty Thousand Dollars ($150,000.00) shall be deposited
with a bank or trust company in an insurance proceeds trust, or as the parties may then agree, to
assure proper repair or rebuilding of the Building and all other improvements.
Section 13.02. Liability Insurance. During the Term hereof, Tenant at its sole cost an~'expense,
shall maintain a policy of comprehensive public and contractual liability insurance, Landlord
as an additional insured, under which Landlord and Tenant shall be indemnified any liability
death of one (1) person in any one (1J'a~cident, not less than Two Million Dc 4 t; 00C ,0( 3) for
death or injury to more than one (1) pe~o~ in any one (1) accident or o, '~cu :e, and not less than
Five Hundred Thousand Dollars ($500,000~0;t. for damage to property in one (1) accident or
occurrence.
Section 13.03. General Policy Recmirements. uired of Tenant hereunder
shall: (i) be primary and noncontributing with other Landlord's protection; (ii)
be effective for a period of not less than one (1) year least thirty (30) days written
notice must be provided to Landlord before the policy may coverage reduced or any
other material change made; (iii) contain a provision that, Landlord is named as an insured,
Landlord shall nevertheless be entitled to recover under such for any loss, injury, or damages
to Landlord, its agents and employees, or the property as a result of the negligence of
Tenant, its agents and employees; and (iv) contain an er of any right of subrogation
against Landlord. The required minimum amounts shall usted every five (5) years to
such amounts as the parties reasonably agree upon to ref and experience, to the
extent obtainable.
Section 13.04. Ratings of Insurer~ Payments ; of Insurance. Each
policy of insurance shall be issued by a company a rating to Landlord
and shall be issued in the name of Tenant and L~ for their joint An executed copy
or certificate of each policy and any renewal p: to take the place of the expiring shall be
promptly delivered to Landlord. Tenant s 11 timely pay all premiums ~arges and shall
promptly furnish Landlord, on request, with tisfactory evidence of timely I If Tenant fails
to maintain any required insurance, Landlor may obtain and pay for any such r ce, the cost of
which will be repaid by Tenant on demand as Additional Rent hereunder.
Section 13.05. Landlord's Nonliability Landlord shall not be liable for, and Tenant he eby release
r ;
improvement, or equipment construct d, installed, or maintained on the Demised Premises: any
act or omission of Tenant or any age s, employees, licensees, lessees, subtenants,
(iv) any fill or surface, subsurface, s , ondition of the Demised Premises.
Section 13.06. Tenant's Indemni~. Tenant agrees to indemnify and hold Landlord harmless
and against any liabilities, claims, :lemands, actions, damages, losses and expenses, urt
costs and attorneys' fees, for any and all loss, damage, injury, or death of anyone or
sustained in whole or in part in, on, or under the Demised Premises, resulting from or incurred y
reason of any actions or conduct b~ed upon the acts or omissions of Tenant, its employees or agents
during the term of this Lease. D~,S,TRA&~iC(~NE, AXII~D
DAMAGE. RESTORATION
Section 14.01. Insurable Losses. If the Building or any other improvements situated on the
Demised Premises, or any part or portions thereof, are damaged or destroyed by fire or other casualty,
Tenant shall, at its sole cost and expense, promptly commence to repair or restore the same to its
original condition and shall complete the repairs or restoration with due diligence.
Tenant
Landlord
10
All insurance proceeds shall be expended for such repairs or restoration and, if such proceeds are
insufficient, Tenant shall apply its own funds to make up the difference. In no event shall the
abate during any such period of restoration or repair.
Section 14.02. Landlord's Annroval. Tenant shall not commence any substantial or
replacements after fire or casualty loss until Tenant has complied with the provisions of ,' V, to
the extent applicable, and in any event, Tenant shall first provide Landlord with notice
specifying the nature and location of the intended work and the expected and
completion. If such work is done in strict accordance with Plans and S previously
approved by Landlord, no further approval by Landlord shall be required.
ARTICLE XV
IDEMNATION
Section 15.01. Takinl~ by Appropriation. the Term part of the Demised
Premises is taken or damaged by exercise of the whether by condemnation
proceedings, inverse condemnation or otherwise is transferred lieu of condemnation (an
"Appropriation"), the rights and obligations of and Tenant shall automatically
terminate on the date of the Appropriation as to any of the Premises so taken. Any
such Appropriation shall not operate as or be deemed an or a breach of Landlord's
covenant of quiet enjoyment.
Section 15.02. Termination. If all of the Demised Premk, or substantially all (meaning fifty
percent (50%) or more of the floor area of the Building (50%) or more of the Demised
Premises) is taken, either party may terminate this Lease notice given to the other party
within thirty (30) days following the date that the possession, in which
event the Rent and other charges payable by shall be prorated to the date
possession is taken by the condemning authority.
Section 15.03. Partial Termination. If less than all substantially all defined in Section 15.02)
of the Demised Premises, the Building or the is taken by Tenant shall
promptly restore, repair, or reconstruct the of the Demised to substantially the
same quality and character , except as to size existed before the and the Rent shall be
equitably abated as to any portion of the Demise so taken. restoration, repair, or
reconstruction by Tenant shall be performed compliance with the of Article V to the
extent applicable.
Section 15.04. Award. Should the whol or any part of the demised condemned or
taken by a competent authority for any or quasi-public use or purpose, party shall be
entitled to retain, as its own property, to it. In the event a single is made on
account of the condemnation, each then be entitled to take such proportion o
may be fair and reasonable.
All awards for any shall belong to and be the property of without
participation by Tenant and any deduction therefrom for any present or of
Tenant. Tenant hereby assigns Landlord all right, title, and interest of Tenant in to any
award made for leasehold es and/or diminution in the value of Tenant's estate.
Tenant shall, however, be enti to claim, prove, and receive in such condemnation
such compensation as separately awarded for loss of business and for fixtures ana ther
equipment installed by that no such claims of Tenant shall diminish or othe~e
adversely affect Landlord',. the award of Landlord's mortgagee(s).
ARTICLE XVI
ASSIGNMENT, SUBLETTING, AND ENCUMBERING LEASE
Section 16.01. Rights of Landlord and Tenant. The following shall govern the rights of Landlord
and Tenant with respect to any assignment, subletting, or encumbering of the Lease by Tenant:
(a) Tenant shall not: (i) assign, transfer, mortgage, or otherwise encumber this Lease or
any of its rights hereunder; or (ii) sublet the Demised Premises or any part thereof, or
Tenant
Landlord
11
permit the use of the Demised Premises or any part thereof by any persons other than
Tenant or its agents; or (iii) permit the assignment or other transfer of this Lease or
any of Tenant's rights hereunder by operation of law, without the prior written consent
of Landlord, which consent shall not be unreasonably withheld or delayed.
Tenant
Landlord
12
Any attempted or purported transfer, assignment, mortgaging, or encumbering of this
Lease or any of Tenant's interest hereunder and any attempted or purported subletting
or grant of a right to use or occupy all or a portion of the Demised Premises in
violation of the foregoing sentence shall be null and void and shall not confer any
rights upon any purported transferee, assignee, mortgagee, sublessee, or occupant.
(b) In determining whether to grant consent to an assignment or sublet request by Tenant,
Landlord may consider any reasonable factor. Landlord and Tenant hereby agree that
any one of the following factors, or any other reasonable factor, will be reasonable
grounds for making such a determination:
(1 .) The net wo of the proposed assignee or subtenant must be at least to
that of the ~g Tenant as of the date this Lease is executed;
(2.) the business reputKt. ion of the proposed assignee or subtenant be in
accordance with genially acceptable commercial standards;
be identical to i
(4.) the percentage rents of the ,sed assignee or the prospect of
percentage rents, must be at ual to that of the Tenant;
(5.) the managerial and operational the or subtenant
must be the same as those
(6.) the use of the Demised Premises or subtenant will not
violate or create any potential vic and
(7.) the use of the Demised Premises by the propo., Isignee or subtenant will not
violate any other agreements affecting the Premises, the Landlord or
other tenants and occupants of the Sho
(c) Prior to any request by Tenant for consent, as herein. assign or transfer this
Lease, or sublet (or permit occupancy or use the or any part
thereof, Tenant shall by written notice charge of offer the retum
of the Demised Premises to Landlord. For (30) days receipt of said
notice, Landlord shall have the right, by n notice thereof
to Tenant, to take back the Demised Premi: and terminate in which event
Tenant shall be relieved of all further as of the date vacates the
Demised Premises and surrenders pos of the same to in good,
tenantable, broom-clean condition. In event Landlord does not its right to
terminate this Lease as provided Tenant may assign, transfer, or such
space only if Tenant first has the prior written consent of in
accordance with the terms and conditil of this Article XVI.
(d) Notwithstanding anything to the contained herein, Tenant this
Lease without need of the prior consent of the Landlord to any
subsidiary or its parent corporatioa, or to any person or corporation
hundred percent (100%) of Tenant'~, stock, or to any company into which the
may be merged or consolidated so long as substantially all the assets then held by
Tenant becomes the property of the Oentinuing entity.
(e) In the event that Tenant defaults hereu~der, Tenant hereby assigns to Landlord the rent
due from any subtenant of Tenant and hereby authorizes each such subtenant to pay
such rent directly to Landlord. The consent by Landlord to any assignment, transfer,
or subletting to any party shall not be construed as a waiver or release of Tenant under
the terms of any covenant or obligation under this Lease, nor shall the collection or
acceptance of rent from any such assignee, transferee, subtenant, or occupant
constitute a waiver or release of Tenant from any covenant or obligation contained in
this Lease, nor shall any such assignment, transfer, or subletting be construed to
Tenant
Landlord
13
relieve Tenant from offering the return of the Demised Premises to Landlord or from
obtaining Landlord' s written consent to any further assignment, transfer, or subletting.
(f) Any costs and expenses, including attorneys' fees (which shall include the cost of any
time expended by Landlord's in-house counsel) incurred by Landlord in connection
with any proposed or purported assignment, transfer, or sublease shall be bome by
Tenant and shall be payable to Landlord as Additional Rent hereunder.
\
performing any of the term}~ c'ovenants and conditions of this Lease
;'~,,\ , ·
ARTI E XVII
SUBORDINATION A D ATTORNMENT
Section 17.01. Subordination. This Lease and Ten t's tenancy hereunder be subject and
subordinate at all times to the lien of any mortgages or eds of trust now ol upon
subordination shall be required. However, Tenant agrees to and del within fourteen (14)
days of Landlord's request, such instruments as may be or by any mortgagee,
subordinating this Lease to the lien of any present or future deeds of trust, and to all
renewals, replacements, and extensions thereof, provided that the ee or beneficiary named in
said mortgage(s) or deed(s) of trust shall agree to recognize disturb Tenant's interest
hereunder in the event of foreclosure, if Tenant is not then in In the event Tenant fails to
execute and deliver any such instrument within thirty (30) days ot request, Landlord is
hereby authorized to execute and deliver the same as attorne~
Section 17.02. Attornment. If, and so long as this Lease is in effect and Tenant is not
in default hereunder, this Lease shall remain in full force a default under the
mortgage by Landlord, or the failure of Landlord to or any bankruptcy or
similar proceedings with respect to Landlord. If any such ,~agee shall possessed of the
Demised Premises, Tenant shall be obligated to pay the and other char a e hereunder to such
mortgagee and to thereafter comply with all the terms .f this Lease, and if y mortgagee or
purchaser shall become possessed of the Demised Premi at a private or public ale, Tenant shall
without charge, attorn to such mortgagee or purchaser as t Landlord under this Le .
ARTICLE VII DEFAU TS
Section 18.01. Events of Default. If any one or ore of the following events occur, sal event or
· ,, ,,:
events shall hereby be clasmfied as a Default
a If Te
() nant, or any guarantor of Tenant's obligations hereunder, shall e an
assignment for the benefit of oreditors or file a petition, in any state c , in
bankruptcy, reorganization or composition, or made an application in an such
proceedings for the appointment of a trustee or receiver for all or any portion f its
property;
(b) if any petition shall be filed cndcr state law against Tenant or any guaranto~ of
Tenant's obligations hereunder in any bankruptcy, reorganization, or insolvency
· , ' ' all not be dismissed or vacated within thirty (30)
(c) if a receiver or trustee shall be appointed under state law for Tenant or any guarantor
of Tenant's obligations hereunder, for all or any portion of the property of either of
them, and such receivership or trusteeship shall not be set aside within thirty (30) days
after such petition is filed;
Tenant
Landlord
14
(d) if Tenant fails to open for business on or before the date specified herein or at any time
thereafter ceases to continuously operate its business at the Demised Premises for
more than thirty (30) business days, or if Tenant vacates the Demised Premises;
(e) if Tenant is a corporation, if any part or all of its stock representing effective voting
control of Tenant shall be transferred so as to result in a change in the present effective
voting control of Tenant and such change is not consented to in writing by Landlord,
provided hqwever this provision shall not apply if Tenant is a publicly traded
corporatio ·
(f) .... , ' ' , ther required
failure continue'K~?r thirty (30) days after written notice
\
(g) if Tenant shall fail t~ perform or observe any other terms and of this Lease,
and such failure shallXcontinue for thirty (30) days notice from Landlord
(except that such thi (30) day period shall be extended for such
additional period of tim as is reasonably necessary cure such Default if such
Default cannot be cure within such thirty (30) period, provided Tenant
commences the process of c ing the same within (30) period and diligently
pursues such cure); and
(h) ii' any execution, levy, attachme , or other or law shall occur upon
enant's goods, fixtu , ' '
Section 18.02. Landlord's Remedies. Should a occur under this Lease, Landlord may
pursue any or all of the following:
(a) Landlord may terminate this Lease fourteen (14) days written notice of such
termination to Tenant, whereupon shall automatically cease and terminate
and Tenant shall be immediately quit the Demised Premises. Any other
additional notice to quit or of intention to reenter the Demised
Premises, except as may be rec by law, expressly waived. If Landlord
elects to terminate this everything in this Lease on the part of
Landlord to be done and shall cease >rejudice, subject however, to
the right of Landlord to from Rent and any other sums due
hereunder for the full Lease.
(b) Upon termination of th Lease pursuant to Section :.02(a), Landlord may proceed to
recover possession of Demised Premises under by virtue of the provisions of
the laws of jurisdict! in which the Demised Premi are located, or by such other
proceedings, includ reentry and possession, as applicable. No termination
of this Lease nor taking or recovering possession .f the Demised Premises shall
deprive of its remedies or actions Tenant for past or future
Rent, nor shall bringing of any action for Rent or Default be construed as a
waiver of the ri to obtain possession of the
(c) Should this Lease be terminated before the expiration of Lease Term by reason of
Tenant's Default as hereinabove provided, or if Tenant shall abandon or vacate the
Demised Pre ises before the expiration or termination df the Term of this Lease,
full Rent reserved under this Lease (and any of the costs, expenses, or damages
indicated below) shall not be realized by Landlord, Tenant shall be liable for all
damages sustained by Landlord, including without limitation, deficiency in Rent,
reasonable attorneys' fees, brokerage fees, and expenses of placing the Demised
Premises in first-class rentable condition. Landlord, in putting the Demised Premises
in good order or preparing the same for rerental may, at Landlord' s option, make such
alterations, repairs, or replacements in the Demised Premises as Landlord, in its sole
judgement, considers advisable and necessary for the purpose of reletting the Demised
Premises, and the making of such alterations, repairs, or replacements shall not operate
Tenant
Landlord
15
or be construed to release Tenant from liability hereunder as aforesaid. Landlord shall
in no event be liable in any way whatsoever for failure to relet the Demised Premises,
or in the event that the Demised Premises are relet, for failure to collect the rent under
such reletting, and in no event shall Tenant be entitled to receive the excess, if any, of
such net rent collected over the sums payable by Tenant to Landlord hereunder.
(d) Any damage or loss of Rent sustained by Landlord may be recovered by Landlord, at
Landlord's option, either at the time of the reletting in separate actions from time to
time, as said damage shall have been made more easily ascertainable by successive
deemed.,t,,o have accrued until the date of expiration of said Term).
(e) In the ev~ of a breach by Tenant of any of the covenants or provisi~fil hereof,
provided for herein. enant hereby expressly waives any and all rigJ~s for redemption
Demised Premises, by reaso~C the violation by Tenet of iy of ~e covenants ~d
/
conditions of this Lease. 'X,
Section 18.03. Percentage Rent After Dehult. ~ omi~e4~/
/
Section 18.04. Additional Remedies and Waivers. remedies of L~dlord set foah
herein shall be in addition to ~y other right ~d provided by law ~d all
such rights and remedies shall be cumulative. No action by L~dlord sh~l constitute a
waiver of a Default ~d no waiver of Default shall be unless it is in ~ting si~ed by the
Landlord.
Section 18.05. Cure of Dehult. If Tenet shall be in L~dlord shall have the
option, upon seven (7) days written notice to Tenet, m Br ~e accost of ~d at
the expense of Tenet. No such notice shall be mquire~ repairs. Tenet agrees to pay
Landlord interest, at a rme equal to two percent (2%) of the' of interest ~o~ced
from time to time by PNC B~, Pittsburgh, but not in of ~e m~imm legal
rate, Br all sums paid by Landlord pursuit to the of this ~icle for ~1 o~er sins due
and owing to Landlord under the te~s which ~e paid ~iay (30) days a~er
the date such sums are due.
XIX
RIGHTS LANDLORD
Section 19.01. Right of Access. may, upon prior notice to Tenant ess in case of
emergency), enter upon the Demised for the purpose of inspecting, repairs,
replacements or alterations, and showing Demised Premises to prospective lenders, or
lessees.
Section 19.02. Rules and Regulation,, Tenant agrees that Landlord has the right at y time to
impose reasonable rules and regulati governing the conduct desirable to protect th general
tenants in the Shopping Center. ~en nt, as a coven~t and condition of this Lease, agrees to comply
ARTICLE XX
END OF TERM
Section 20.01. Return of Demised Premises. Upon the expiration or termination of this Lease,
Tenant shall quit and surrender the Demised Premises and all improvements thereon to Landlord, in
Tenant
Landlord
16
good order, broom-clean, normal wear and tear excepted. Subject to the other terms of this Lease,
Tenant shall at its expense, remove all property of Tenant and all alterations to the Demised Premises
not wanted by Landlord, repair all damage caused by such removal and return the Demised Premises
to the condition in which they were prior to the installation of the article so removed.
Section 20.02. Holding Over.. If Tenant shall hold possession of the Demised Premises after the
expiration or termination of this Lease, at Landlord's option: (i) Tenant shall be deemed to be
other remedies it has under this Lease or at law or in equity including an actio,ff'for wrongfully
holding over.
ARTICLE XXI '
COVENANT OF QUIET ENJOYMENT /
Section 21.01. Quiet Enjoyment. Landlord covenants that if and sMong as Tenant pays the Rent
and all other charges provided for herein, and performs all of its provided for herein,
Tenant shall at all times during the Term hereof peaceably hold and enjoy the Demised
Premises, without any int ruption or disturbance from or anyone claiming through or
under Landlord, subject to t terms hereof. Further, if and as Tenant pays the Rent and all
other charges provided for he and performs all of its obli for herein Tenant shall
~rovide said quiet enjoyment and access
and shall not be considered in performing by cause or causes beyond
Landlord's control including, but not tited to, labor civil commotion, war, fire or other
casualty, governmental regulations, restrictions, decrees, or acts of God.
Section 22.01. Entire Agreement. This the entire agreement between the parties
hereto and there are no promises, warranties, or representations, oral or
written, other than as herein set forth.
Section 22.02. Notices.
(a) No notice or other given u der this Lease shall be effective unless the
same is in writing delivered in perso or mailed by registered or certified mail,
return receipt reque first class, postage p aid addressed:
If to Landlord, to Old Capitol Mall Associa s, L.P.
c/o Madison Realty Group, nc.
437 Grant Street, Suite 1600
Pittsburgh, Permsylvania, 152 9
address as Landlord shall designate by gi ing notice thereof to Tenant.
Iowa City, Iowa 52240
or such other address as Tenant shall designate by giving notice thereof to Landlord.
Any such notice shall be deemed given when mailed as in this Section provided, or
delivered personally to the parties, their authorized agents and/or officers. Landlord's
attorney shall, on behalf of the Landlord, have the authority to give and execute any
notice or consent required hereunder.
(b) The Tenant shall give the Landlord's mortgagee(s), namely Fremont
Investment & Loan (175 N. Riverview Drive, Anaheim, CA 92808) or another
mortgagee(s) as Tenant is notified, notice of any default that could give rise to
Tenant
Landlord
17
Tenant's termination of this Lease or expenditure of money on behalf of the
Landlord. Such mortgagee(s) should also be given an appropriate time to cure
such default including the opportunity to obtain possession of Landlord's
interest, if necessary, to cure the default. Landlord shall notify Tenant of any
change in the mortgagee(s) for the Demised Premises.
Section 22.03. Governinl~ Law. It is the intent of the parties hereto that all questions wi pect to
/
Section 22.04. Successors and Assians. This Lease shall bind and inure to the ben~r~t of the parties
hereto and their respective legal representatives, successors, and assigns subje~}fhowever, to the
terms of Article XVI hereof.
Section 22.05. Broker. Landlord and Tenant warrant and represent, each to.,ff4e other, that there was
not broker or agent instrumental in consummating this Lease. Each party,/agrees to indemnify and
hold harmless the other against claims for brokerage or other commi~ons arising by reason of a
breach of this representation
/
Section 22.06. Transfer bv ,rd. Landlord hereunder shall halve the right to freely assign this
Lease without notice to or consent The Landlord be liable under this Lease only
during the period of time while is the fee owner Premises, and if Landlord
should sell or otherwise transfer lord's interest in the Premises, Tenant agrees that
Landlord shall thereafter have no ility to Tenant this Lease, or any modifications,
extensions, or renewals hereof, except such liabilities may have accrued prior to the date of
such transfer of Landlord's interest.
Section 22.07. No Joint Venture. The Lease shall not be interpreted to mean that
Landlord and Tenant are partners or joint being understood that the relationship of the
parties hereto is that of Landlord and Tenant.
Section 22.08. Waiver of Jury Trial.
Section 22.09. Invalid Provision. If any of this Lease or the application thereof to any
person or circumstance shall, to any t or unenforceable, the remainder of this Lease,
or the application of such provision to or c: other than those as to which it is
invalid or unenforceable, shall not thereby, each provision of this Lease shall be valid
and be enforced to the fullest extent p by law.
Section 22.10. No Waiver. No by strict performance of any term
or provision of this Lease to be observed, or Tenant, and no failure by Landlord to
exercise any right or remedy upon a breach such provision of this Lease shall
constitute a waiver of an,
Section 22.11. Authority In the event that Tenant corporation, parmership, or other
entity, the person(s) this Lease on behalf of Tenant warrants and represents that
Tenant is a dul qualified to do business in the in which the Shopping Center
is located and that such is duly authorized to execute deliver this Lease on behalf of
Tenant.
Section 22.12. Site an. Exhibit "A" consists of a site plan setting ~ h the general layout of the
a i 1 c 1
Tenant agrees that Landlord has the right to change or alter any of the stoi'es, common areas, or any
other aspect of the Shopping Center and that Landlord has the unrestricted right to construct,
reconstruct, expand, sell or lease any portions of the Shopping Center without the consent of or notice
to Tenant.
Section 22.13. Estonnel Certificate. Tenant shall without charge, at any time and from time to
time, within thirty (30) days after receipt by Tenant of written request therefore from Landlord, or
from any mortgagee under any mortgage or any beneficiary under any deed of trust on the Demised
Premises, deliver in recordable form a duly executed and acknowledged certificate or statement to the
Tenant
Landlord
18
party requesting such certificate or statement certifying that: (i) this Lease is unmodified and in full
force and effect or if there has been any modification, that the same is in full force and effect as
modified, and stating such modification; (ii) the date of commencement of the Term of this Lease;
(iii) that all Rent is paid currently without any offset of defense thereto; (iv) the dates to which the
Rent and other charges payable hereunder by Tenant have been paid and the amount of all such Rent
and other charges, if any, paid in advance; (v) whether or not there is then existing any c 'm of
Landlord's default hereunder and if so, specifying the nature thereof; and (vi) any oth matters
relating to the status of this Lease as shall be requested by Landlord or any such mo gagee or
beneficiary. In the event Tenant fails to execute and deliver any such certificate or state ent w~th~n
se~ en (7) days of request therefore Landlord ~s hereby authorized to execute and dehve~~i ~
' ~ , ' ' ' e s
attorney-in-fact for Tenant. /
Lease shall not be recorded but Memorandum
Section 22.14. Memorandum of Lease. eatco?~j:~~fal~
hereof describing the property hereby and setting forth the Term hereof d any renewal
Either party shall have the right to record such r
fees and transfer taxes tha are due and payable
as a result of the execution and delivery of this e shall be paid for by T nant and Tenant shall
indemnify and hold Landlord harmless from all liabilit' , ' ' e .
Section 22.15. Limitation of Liability. No cy in
common, firm or partnership, general or may be the or any successor in
interest, shall be subject to personal liabilit, any of the or conditions of this
Lease. The Tenant shall look solely to the equity of the Demised Premises and the
rents, issues and profits derived therefrom for the remedies of the Tenant in the
event of a breach by Landlord. If Landlord shall fail to covenant, term, or condition of
this Lease upon Landlord's part to be performed and as a of such default, Tenant shall
recover a money judgement against Landlord, such shall be satisfied only out of the
proceeds of sale received upon the execution of such levy thereon against the right,
title, and interest of Landlord in the Demised Premises [ rents or other income from the
Demised Premises receivable by Landlord or out of the t received by Landlord from the
sale or other disposition of all or any part of and interest in the Demised
Premises, and neither Landlord nor any of the .ffleers, directors, venturers,
shareholders, or affiliated entities of Landlord shall personally for any deficiency. It is
mutually agreed that this clause is and shall be 'ed an inte the aforesaid Lease.
Section 22.16. Reserved Easements. Tenant that either the owner or
may become the owner of land adjacent and p, to the Demised ~s and the Shopping
Center, and that such land may be developed future by Landlord, or others with
the construction of buildings, sing story, and other ' Landlord hereby
reserves in favor of, and Tenant agrees shall have the right to ~r the benefit of
the owner(s), present and future, tees, and invitees of such and adjacent
land, easements of access, ingress and e es: and utility easements over, under, and upon:
(i) the common areas identified in this ase; and (ii) the Demised Premises in location: :h do not
unreasonably interfere with Tenant' use and occupancy thereof. Such casein shall be
automa!ically and without any furthe action or documentation, upon recording of the ~' superior
the jurisdiction in which the Demised Premises is located, Tenant shall pay any and all due
under the terms of said law(s) to the appropriate governmental authorities.
Section 22.18. Effective Date of Lease. Submission of this instrument for examination or execution
by Tenant does not constitute a reservation of or option for lease, and this instrument shall not
become effective as a lease or otherwise until execution by and delivery to both Landlord and Tenant.
This Lease shall only become effective and binding upon the parties in establishing the relationship
of Landlord and Tenant as of the date first written above or the date Landlord executes this Lease,
whichever shall be the later to occur.
Tenant
Landlord
19
IN WITNESS WHEREOF, Landlord and Tenant have executed this Lease on the dates indicated
below:
Signed and acknowledged in the Presence of: ANDLORD: Old Capitol Mall Associates, L.P.
By:
\
Signed and acknowledged in the presence of: TENANT: City of Iowa City
By:
Marian K. Karr, City Clerk Emes W. Lehman, Mayor
Date:
Approved by: / ~.,
, \,
City Attomey's Office /
/
!
/
/
/
Tenant
Landlord
20
TENANT ACKNOWLEDGEMENT
STATE OF
SS:
COUNTY OF
On this, the day of ,20F, before me, a Notary
Public, the undersigned officer, personally appeared
, kno~vn to me (or satisfactory proven) to be the person whose name is
subscribed to the within inst~me~t, and acknowledged that (he/she/they) executed same in the
capacity therein stated and for the. therein contained.
IN WITNESS WHEREOF, set my hand and official
Notary2 (Seal)
My commission expires:
LANDLORD ACKN
STATE OF )
) S:
COUNTY OF )
On this, the day of ,20 , before me, a Notary
Public, the undersigned officer, personally:
, known to me satisfactory proven) be the person whose name is
subscribed to the within instrument, acknowledged that executed the same in the
capacity therein stated and for the · ~es therein contained.
IN WITNESS WHEREOF/I hereunto set my hand and official seal:
Notary Public (Seal)
My commission expires:
Tenant
Landlord
21
s o'o5'4o' E-' -' EXHIBIT""
20.00'
ROW LINE AFTER ' ¢~ '- -'-'-'-'- ~ "~ 2
MAY ,10, 1979-% "¢/'1 '
I'~" """'Y" ............ F
.'2;
0
~ ~2'~ " ."; F
·
"' WARRAg~ ( DEED RECORDEC
° ' ~ '~ JOH;JSOJ'J COUNTY RECORDE~'S OFFICE
TRASH
CAN PAD ~\
'~. wH
L. SPRINKLER BOX
EXHIBIT
LEGAL DI ~,RIPTION ,
Washington Street Rit ~t of Way Acquisition /
Iowa City Tra ~sit Facility //
September 7, 2000 /
/:'
Commencing at a point on the south Right of Wa~ Line of Washilton Street and the east
Right of Way Une of Capitol Street,
thence easterly along the south Right of Way Line ~f Washingt n Street 137.12 feet to the
Point of Beginning;
thence continuing easterly on said Right of Way Lin; 40.00 et;
thence southerly approximately 24.29 feet to a poin' on th north face of the existing Mall
Building which is 34.00 feet east of the existing built ing c rner;
thence westerly 34.00 feet along the north face of the M II Building to a building corner;
thence no~herly 6.00 feet along the east face of the all Building to a building corner;
thence continuing no~herly 3.99 feet to the south Ri of Way Line of Washington Street
to the Point of Beginning.
Said parcel contains 886 square feet more or less on attached Exhibit "A".
Note: This easement is based on dimensions from a lat of survey entitled
"ALTA/ACSM Land Title Survey, Old Capitol Iowa Cit~ Iowa' prepared by Shive
Hattery Inc. and dated 07/28/98.
Exhibit "D"
City of Iowa City //"
Old Capitol Town Center ,
Iowa City, Iowa / /
?
,2000 /'
/
DELIVERY OF POSSESSION, TERM CQ, I~IMENCEMENT,
TERM EXPIRATION/'
RENTAL COMMEnCEMEnt DATES
!
/
Tenant Name: City /
/
Location: Old Capitol Tow ;r, Iowa City, Iowa/
Demised Premises: As n Exhibit A & of the Ground Lease Agreement
Delivery of Possession Date:
Term of Commencement Date:
Term of Expiration Date:
Rental Commencement Date:
Tenant has inspected the Demised E/remises d acknowledges that the Landlord has delivered
latent defects nor his repair and ~aintenance res nsibilities under this Lease.
CITY OF IOWA CITY /'
"TENANT"
BY:
TITLE: '
DATE:
andy\oldcapctrexh .doc
Exhibit "E"
City of Iowa City
Old Capitol Town Center
Iowa City, Iowa '
,2000
SIGN CRITERIA
Tenant's fascia sign ("hereina~er ~lled "Sign") shall be' designed, built, installedi and
maintained in strict accordance with th~ following criteria:
1. Design.
a. The Sign shall be individu lighted letteES mounted directly on the sign fascia,
or mounted on a cont metal bar or/raceway. All letters and symbols shall
be formed with metal side~ and plastic 'faces; the letters shall have minimum
depth of four (4) inches ith the plastic faces being a minimum of three-
sixteenths inch (3/16") thick. Signshall be lighted adequately to achieve an
even lighting level across th~ face of the letter. All wiring and electrical devises
shall be hidden from view. a raceway or wiring bar is provided, it shall be
colored to match the sign
b. Mounting of the Sign shall ~ p~rformed in a workmanlike manner. Tenant
accepts responsibility for any ~mage to the property caused by Tenant's sign
installer.
c. All materials used in the fabric ~n and mounting of the Sign, including but not
limited to, fasteners, bolts, and :rews shall be rustproof. If the sign fascia is
metal, then the fascia shall 'be from galvanic reaction with all metal
parts of the Sign.
2. Size. The Sign shall conform to , size and location requirements:
a. The length of the Sign ~hall not b greater than eighty percent (80%) of the
frontage of the Demise~ Premises. length of the Sign shall be measured
from the outer edge of yhe first letter t the outer edge of the last letter.
i
eighteen inches (18"). The ve~ical heig t of the Sign shall be measured from the
shall include all st~ked letters and the spaces between letter rows. Raceways
and wiring bars shall be included in the v ~ical height measurement.
3. Location. The Sign shall be centered on the Tena t's storefront horizontally, and shall be
centered on the sign fascia ve~ically. If the fas ' ' angular, the Sign shall be mounted
andy\oldcapctrexh .doc
perpendicular to the ground and diagonal bracing shall I~ attached to the rear of the
sign. /
/
4. Landlord's Approval. Tenant, T~cnant's sole expens shall have prepared and shall
submit to Landlord three (3) c ies of the plans an ;s'pecifications for Tenant's Sign
· Ie
al ol
have ten (10) working days fro eipt of the plan t~ approve/disapprove them
t
5. Applicable Laws· Tenant is respon ible for secu~ng all necessa~ permits and approval
promulgated by the government auth~ities h~ving jurisdiction, and in accordance with
the plans approved by Landlord· ~, /
6. Other Signa~e. Tenant sha not p ace a~z ~der-canopy signage in front of the Demised
Premise~ w~thout prior written approval o 'Landlord. In the event Landlord determines
that under-canopy signs are desirable by ~ Shopping Center Tenant shall place such
a sign according to specifications provid~b b Landlord. Tenan~ shall be prohibited from
placing any ?ther signag~ on, ~bout, or )n fro t of the Shopping Cen~er, or the Demised
painted signs. If Tenant v o ates this ,~est~ictionX Landlo;d shall have th; right without
notice to Tenant, to remove such sign/without lia~ity therefore. '
/
I
7. Maintenance. Tenant shall maintai~ the Sign during the Term of this Lease and any
I i c
/
i
/
t
/
andy~ldcapctrexh.doc
Prepared by: Rob Winstead, Sr. Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-5145
RESOLUTION NO. 00-335
RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO
SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR
CONSTRUCTION OF THE WASHINGTON STREET TRANSIT INTERCHANGE
PROJECT.
WHEREAS, Streb Construction Co., Inc. of Iowa City, Iowa has submitted the lowest responsible
bid of $201,393.10 for construction of the above-named project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The contract for the' construction of the above-named project is hereby awarded to Streb
Construction Co., Inc., subject to the condition that awardee secure adequate
performance and payment bond, insurance certificates, and contract compliance program
statements.
2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for
construction of the above-named project, subject to the condition that awardee secure
adequate performance and payment bond, insurance certificates, and contract compliance
program statements.
Passed and approved this 3r'd day of October' ,20 00
.-,.._
ATTEST:CIT'T~'~'~'E~"'K "~' ~"~"'~'C") City Attorney's Office
It was moved by 0'Donne] ] and seconded by Vander'hoef the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
X O'Donnell
x Pfab
X Vanderhoef
X Wilburn
pweng/res/streb.doc
Prepared by: Ross Spitz, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319)356-5149
RESOLUTION NO. 00-336
RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO
SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR
CONSTRUCTION OF THE NORTH AIRPORT DEVELOPMENT PROJECT.
WHEREAS, Streb Construction Co., Inc. of Iowa City, Iowa has submitted the lowest responsible
bid of $1,149,917.80 for construction of the above-named project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, THAT:
1. The contract for the construction of the above-named project is hereby awarded to Streb
Construction Co., Inc., subject to the condition that awardee secure adequate
performance and payment bond, insurance certificates, and contract compliance program
statements.
2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for
construction of the above-named project, subject to the condition that awardee secure
adequate performance and payment bond, insurance certificates, and contract compliance
program statements.
Passed and approved this 3rd day of October ,20 00
CITY CLERK City Attorney's Office
pweng~nasters~awrdcon .doc
9/99
Resolution No. 00-336
Page 2
It was moved by O'Donne'l ] and seconded by Champ! on the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
X O'Donnell
X Pfab
X Vanderhoef
X Wilbum
Prepared by: Eleanor Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO. 00-337
RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE CITY
ATTORNEY'S OFFICE BY DECREASING THE POSITION OF CITY ATTORNEY
FROM 1 FTE TO .6 FTE AND INCREASING THE POSITION OF ASSISTANT
CITY ATTORNEY FROM 2.5 FTE TO 3 FTE.
WHEREAS, Resolution No. 00-83, adopted by the City Council on March 3, 2000, authorized
permanent positions in the City Attorney's Office for FY01; and
WHEREAS, Resolution No. 00-275, adopted by the City Council on August 1, 2000, amended the
budgeted positions in the City Attorney's Office by increasing the position of Assistant City
Attorney from 2 FTE to 2.5 FTE; and
WHEREAS, the City Attorney has requested the City Council reduce her time to 60% and use the
corresponding reduction in her salary to increase the position of Assistant City Attorney from 2.5
FTE to 3 FTE; and
WHEREAS, the City Council approves of the City Attorney's proposed restructuring of the
positions in her office.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, that the budgeted positions in the City Attomey's Office be amended by decreasing
the position of City Attorney from 1 FTE to .6 FTE and increasing the position of Assistant City
Attorney from 2.5 FTE to 3 FTE.
Passed and approved this 3rd day of~0,~~,,~er
ove
ATTEST:
CI~ CLERK City A~orney's O~ce
It was moved by 0'Donne] ] and seconded by Champion the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
x Pfab
X O'Donnell
X Vanderhoef
X Wilburn
eleanorVes~alaries3,doc
Prepared by: Eleanor Dilkes, City Attomey, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO. 00-338
RESOLUTION ON UNCLASSIFIED SALARY COMPENSATION FOR FISCAL
YEAR 2001 FOR THE CITY ATTORNEY AT 60% TIME.
WHEREAS, the City of Iowa City, Iowa, employs certain personnel subject solely to the action of
the City Council referred to as unclassified personnel; and
WHEREAS, by resolution No. 00-210 compensation for the City Attorney for fiscal year 2001 was
set at $84,011.20; and
WHEREAS, the budgeted positions in the City Attorney's Office have been amended to decrease
the position of City Attorney from 1 FTE (full time equivalent) to .6 FTE; and
WHEREAS, it is necessary to establish salary compensation for the City Attorney when she
reduces her time to 60%.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA, that the City Attorney shall receive as salary compensation that amount which is set
forth and where said employee shall receive or collect any fees or other compensation from others
for services as such employee, the same shall be paid to the City Treasury.
BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA,
that the following compensation is hereby established for the City Attorney upon her decrease to a
.6 FTE position: $50,406.72.
Passed and approved this 3rd day or,.L l~~~
V~~,~,,~
City A~orney's O~ce
It was moved by Vahde~boef and seconded by J' Donne]l the Resolution be
adopted, and upon roll call them were:
AYES: NAYS: ABSENT:
X Champion
X Kanner
X Lehman
X Pfab
X O'Donnell
X Vanderhoef
X Wilbum
eleano~es~alari~2 .d~