HomeMy WebLinkAboutA002 - Lease Agreement between Heritage Cablevision and Northwestern Bell Telephone Company dba U.S. West Communications Easiness Property Lease
This Lease Agreement , executed in duplicate, by and between
"Tenant", whose address for the purpose of this
v sion Inc. asP P
Heritage Cable i
lease is 2205 Ingersoll , Des Moines, Iowa 50312 and Northwestern Bell Telephone
Company dba US West Communications as "Landlord" whose address for the purpose of
this lease is 925 High Street , Des Moines, Iowa 50309, Witnesseth:
1-Premises and Term The Landlord, in consideration of the rents herein
reserved and of the agreements and conditions herein contained , on the part of
the Tenant to be kept and performed, leases unto the Tenant and Tenant hereby
rents and leases from Landlord , according to the terms and provisions herein, the
following described real estate, situated in Story County, Iowa, to wit:
approximately 1 ,300 square feet in the Northwestern Bell central office building
at 510 - 5th St. , Ames, Iowa, (see attached)
with the improvements thereon and all rights, easements and appurtenances thereto
belonging, for a term of 60 months, commencing at midnight of the day previous to
the first day of the lease term, which shall be on the 1st day of March 1990, and
ending at midnight on the last day of the lease term, which shall be on the 28th
day of February, 1995, upon the condition that the tenant pays rent thereto, and
otherwise performs as in this lease provided. Tenant shall have the option, upon
sixty (60) days prior written notice, to renew this lease for two five year terms,
upon the same terms and conditions as provided for herein except the rental rate
will be set at market rate at the time of renewal. Market rate will be determined
by a licensed Realtor. The Realtor will be chosen by mutual agreement of the
Landlord and Tenant. The Realtor will give comparables on at least three other
properties.
2-Rental Tenant agrees to pay to Landlord monthly, in advance , as rental for said
term as follows: $379.17 per month. The first rental payment shall be due March
1st, 1990. All subsequent rental payments shall be due the 1st of each month.
All sums shall be paid at the address of the Landlord, as above designated , or at
such other place as the Landlord may, from time to time designate. Delinquent
payments shall draw interest at the rate of 12% per annum until paid.
3-Possession Tenant shall be entitled to possession on the first day of the term
of this lease, and shall yield possession to the Landlord at the time and date of
the close of this lease term, except as herein otherwise expressly provided.
4-Quiet Enjoyment Landlord covenants that its estate in said premises is fee
simple, and that the Tenant on paying the rent herein reserved and performing all
the agreements by the Tenant to be performed as provided in this lease, shall and
may peaceably have , hold and enjoy the demised premises for the term of this lease
free from molestation, eviction or disturbance by the Landlord or any other
persons or legal entity whatsoever. (But see paragraph 14 below.) Landlord
agrees to provide Tenant with whatever keys or other means may be required so that
Tenant may have access to the demised premises 24 hours per day, 365 days per
year.
Landlord shall have the right without notice to sell or mortgage all of its right,
title, or interest in said premises at any time, subject to this lease.
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5—Care and Maintenance of Premises (a) Tenant takes said premises in their
present condition provided, however, that Landlord shall repair and maintain
areas under Landlord's control and including the roof, structural portion of the
floor, walls, and other structural parts of the building in which the demised
premises are located , and shall repair and maintain the heating and air
conditioning equipment.
(b) Tenant shall , after taking possession of said premises and until the
termination of this lease and actual removal from the premises , at its own
expense, care for and maintain said premises in a reasonably safe and serviceable
condition. Tenant will furnish its own interior decorating. Tenant will not
permit or allow said premises to be damaged or depreciated in value by any act or
negligence of the Tenant , its agents or employees. Tenant agrees to keep faucets
closed so as to prevent. waste of water and flooding of premises; to promptly
notify Landlord of any leakage or stoppage in any of the water, gas or waste
pipes.
(c) Tenant will make no unlawful use of said premises and agrees to comply with
all valid regulations of the Board of Health, City Ordinances of the applicable
municipality, and the laws of the State of Iowa and the United States; but this
provision shall not be construed as creating any duty by Tenant to members of the
general public.
(d) Tenant shall at no time undertake any building construction of any nature
whatsoever within the demised premises nor through any wall, ceiling or floor
thereof without the express written consent of Landlord, such consent not to be
withheld unreasonably. Tenant specifically warrants that all such alterations
shall be in strict compliance with all applicable construction and zoning codes.
Any changes or improvements to the premises provided by Tenant shall, upon
termination of this agreement, at Landlord 's option, be removed at Tenant 's
expense or left intact , .
6—Utilities and Service Landlord shall pay all charges for use of water, sewer,
gas, heat , electricity and air conditioning. Tenant shall provide house service,
Landlord shall provide garbage and trash disposal.
7—(a) Surrender of Premises at End of Term—Removal of Fixtures Tenant
agrees that upon the termination of this lease, it will surrender, yield up and
deliver the leased premises in good condition, except for the effects of ordinary
wear and tear and depreciation arising from lapse of time, or damage without
fault or liability of Tenant. [See also 10(a) and 10(d) below]
(b) Tenant may, at the expiration of the term of this lease, or renewal or
renewals thereof or at a reasonable time thereafter, if Tenant is not in default
hereunder, remove any fixtures or equipment which said Tenant has installed in
the leased premises, providing said Tenant repairs any and all damages caused by
removal.
(c) Holding Over Continued possession, beyond the expiratory date of the term
of this lease, by the Tenant, coupled with the receipt of the specified rental by
the Landlord (and absent a written agreement by both parties for an extension of
this lease, or for a new lease) shall constitute a month to month extension of
this lease.
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8—Assignuent and Subletting (a) Tenant shall have no right to assign or sublet
the premises at any time during the term of this lease or renewal or extension
thereof, other than to a parent or subsidiary of Tenant, except with the express
written agreement of Landlord, which shall not be unreasonably withheld.
(b) It is understood by Landlord that leased premises will be used by the City of
Ames as a Public Access Studio.
9—Taxes (a) Except as may be otherwise expressly provided in this paragraph 9,
levied or assessed by lawful authority against said real property shall be paid
by Landlord.
(b) Personal Property Taxes Tenant agrees to timely pay all taxes,
assessments or other public charges levied or assessed by lawful authority (but
reasonably preserving Tenant's rights of appeal) against its personal property on
the premises, during the term of this lease.
(c) Special Assessments Special assessments shall be timely paid by Landlord.
10—Insurance (a) All personal property on the premises shall be at the risk of
Tenant, and Landlord shall not be liable for any damages to said personal
property except for any loss or damage arising out of any negligent act or
omission of Landlord or its employees. Landlord and Tenant will each keep its
property interests, both real and personal , in the premises and its liability in
regard thereto reasonably insured against hazards and casualties; that is, fire
and those items usually covered by extended coverage. Tenant recognizes that
Landlord may be self insured, depending upon the nature of its loss. [See also
10(d) below]
(b) Tenant will not do or omit the doing of any act which would vitiate any
insurance in force upon the real estate improvements on the premises or upon any
personal property of the Tenant upon which the Landlord by law or by the terms of
this lease, has or shall have a lien.
(c) Subrogation rights are not to be waived unless a special provision is
attached to this lease .
(d) Insurance Proceeds Landlord shall settle and adjust any claim against any
insurance company under its said policies of insurance for the premises, and said
insurance monies shall be paid to and held by the Landlord to be used in payment
for cost of repairs or restoration of damaged building, if the destruction is
only partial. [See also 10(a), above]
11—Indemnity and Liability Insurance (a) Except as to any negligence of the
Landlord, Tenant will protect, indemnify and save harmless the Landlord, from and
against any and all loss, costs, damage and expenses occasioned by, or arising
out of, any accident or other occurrence causing or inflicting injury and/or
damage to any person or property, happening or done, in, upon or about the leased
premises, or due directly or indirectly to the tenancy, use or occupancy thereof,
or any part thereof by the Tenant or any person claiming through or under the
Tenant.
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(b) Tenant shall procure and timely pay premiums, and at all times during the
term of this agreement or any extension thereof, maintain in force, the following
insurance pertaining to the premises: Public liability insurance, with Landlord
named as additional insured, written on a standard liability policy form,
including premises operations coverage against claims for death, personal injury
and property damage in or about the premises in amounts which are not less than
$1 ,000,000 combined Single Limit Bodily Injury and Property Damage; fire legal
liability coverage of not less than $500,000 per occurrence; employer's liability
insurance with limits of liability of at least $100,000; and standard workers
compensation insurance.
12-Fire and Casualty (a) Partial Destruction of Premises In the event of a
partial destruction or damage of the leased premises, which is a business
interference, that is, which prevents the conducting of a normal business
operation and which damage is reasonably repairable with sixty (60) days after
its occurrence, this lease shall not terminate but the rent for the leased
premises shall abate during the time of such business interference. In the event
of partial destruction, Landlord shall repair such damages within 60 days of its
occurrence unless prevented from so doing by acts of God, the elements, the
public enemy, strikes, riots, insurrection, government regulations, city
ordinances, or other causes beyond Landlord 's control.
(b) Zoning Should the zoning ordinance of the city or municipality in which this
property is located make it impossible for Landlord, using diligent and timely
effort to obtain necessary permits and to repair and/or rebuild so that Tenant is
not able to conduct its business on these premises, then such partial destruction
shall be treated as a total destruction as in the next paragraph provided.
(c) Destruction of Business Use In the event of a destruction or damage of the
leased premises including the parking area so that Tenant is not able to conduct
its business on the premises or the then current legal use for which the premises
are being used and which damages cannot be repaired within sixty (60) days this
lease may be terminated at the option of the Tenant. Such termination in such
event shall be effected by written notice within twenty (20) days after such
destruction. Tenant shall surrender possession within ten (10) days after such
notice issues, and each party shall be released from all future obligations
hereunder, Tenant paying rental pro rata only to the date of such destruction. In
the event of such termination of this lease, Landlord at its option, may rebuild
or not , according to its own wishes and needs.
13-Condemnation (a) Disposition of Awards 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.
(b) Date of Lease Termination If the whole of the demised premises shall be so
condemned or taken, the Landlord shall not be liable to the Tenant except and as
its rights are preserved as in paragraph 13(a) above.
14-Termination of Lease and Defaults of Tenant (a) Termination Upon
Expiration or Upon Notice of Defaults This lease shall terminate upon
expiration of the demised term; or if this lease expressly and in writing
provides for any option or options, and if any such option is exercised by the
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Tenant, then this lease will terminate at the expiration of the option term or
terms. Upon default in payment of rental herein or upon any other default by
Tenant in accordance with the terms and provisions of this lease, this lease may
at the option of the Landlord be canceled and forfeited , provided , however,
before any such cancellation and forfeiture except as provided in 14(b) below,
Landlord shall give Tenant a written notice specifying the default, or defaults,
and stating that this lease will be canceled and forfeited ten (10) days after the
giving of such notice, unless such default , or defaults, are remedied within such
grace period . (See paragraph 21, below. ) As an additional optional procedure or
as an alternative to the foregoing (and neither exclusive of the other) Landlord
may proceed as in paragraph 20, below, provided.
(b) Bankruptcy or Insolvency of Tenant In the event Tenant is adjudicated a
bankrupt or in the event of a judicial sale or other transfer of Tenant's
leasehold interest by reason of any bankruptcy or insolvency proceedings or by
other operation of law, but not by death, and such bankruptcy, judicial sale or
transfer has not been vacated or set aside within thirty (30) days from the giving
of notice thereof by Landlord to Tenant , then and in any such events , Landlord
may, at its option, immediately terminate this lease, re-enter said premises,
upon giving of ten (10) days written notice by Landlord to Tenant, all to the
extent permitted by applicable law.
(c) In (a) and (b) above, waiver as to any default shall not constitute a waiver
of any subsequent default or defaults.
(d) Acceptance of keys, advertising and re-renting by the Landlord upon the
Tenant's default shall be construed only as an effort to mitigate damages by the
Landlord, and not as an agreement to terminate this lease.
15-Right of Either Party to Make Good Any Default of the Other If default
shall be made by either party in the performance of, or compliance with, any of
the terms, covenants or conditions of this lease, and such default shall have
continued for thirty (30) days after written notice thereof from one party to the
other, the person aggrieved, in addition to all other remedies now or hereafter
provided by law, may, but need not, perform such term, covenant or condition, or
make good such default and any amount advanced shall be repaid forthwith on
demand , together with interest at the rate of 12% per annum, f rom date of advance.
16-Signs (a) Tenant shall have the right and privilege of attaching, affixing,
painting or exhibiting signs on the leased premises, provided (1 ) that any and
all signs shall comply with the ordinances of the city or municipality in which
the property is located and the laws of the State of Iowa; (2) tenant shall , prior
to installation of any sign, submit detailed drawings and specifications for
Landlord's review and shall obtain written approval of such drawings and
specifications , such approval not to be withheld unreasonably; (3) such sign(s)
shall not change the structure of the building; and (4) such signs shall be
removed on or before vacation of the premises by Tenant and Tenant shall, at its
own expense, perform such repairs as are reasonably required to restore the
appearance of the building where altered by the sign.
(b) Landlord during the last ninety (90) days of this lease, or extension, shall
have the right to maintain in the windows or on the building or on the premises
either or both a "For Rent" or "For Sale" sign and Tenant will permit, at such
time, prospective tenants or buyers to enter and examine the premises.
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17-Mechanic's Liens Neither the Tenant nor anyone claiming by, through, or
under the Tenant, shall have the right to file or place any mechanic's lien or
other lien of any kind or character whatsoever, upon said premises or upon any
building or improvement thereon, or upon the interest of the Landlord; and notice
is hereby given that no contractor, sub-contractor, or anyone else who may
furnish any material, service or labor for any building, improvements,
alteration, repairs or any part thereof , shall at any time be or become entitled
to any lien thereon. If Tenant should commit any act which causes the placement
of such a lien against the premises or any interest of the Landlord , Tenant shall
indemnify and hold harmless Landlord for any and all expenses and costs,
including reasonable attorney's fees, resulting therefrom.
18-Landlord 's Lien and Security Interest Landlord shall have, in addition to
the lien given by law, a security interest as provided by the Uniform Commercial
Code of Iowa, upon all personal property and all substitutions therefor, kept and
used on said premises by Tenant. Landlord may proceed at law or in equity with
any remedy provided by law or by this lease for the recovery of rent , or for
termination of this lease because of Tenant 's default in its performance.
19-Substitution of Equipment, Merchandise , Etc. The Tenant shall have the
right, from time to time, during the term of this lease , or renewal thereof, to
sell or otherwise dispose of any personal property of the Tenant situated on the
said demised premises, when in the judgment of the Tenant it shall have become
obsolete, outworn or unnecessary in connection with the operation of the business
on said premises.
20-Bights Cumulative The various rights, powers, options , elections and
remedies of either party, provided in this lease, shall be construed as
cumulative and no one of them as exclusive of the others, or exclusive of any
rights , remedies or priorities allowed either party by law, and shall in no way
affect or impair the right of either party to pursue any other equitable or legal
remedy to which either party may be entitled as long as any default remains in any
way unremedied, unsatisfied or undischarged.
21-Notices and Demands Notices as provided for in this lease shall be given to
the respective parties hereto at the respective addresses designated on page one
of this lease unless either party notifies the other, in writing, of a different
address. Without prejudice to any other method of notifying a party in writing or
making a demand or other communication, such message shall be considered given
under the terms of this lease when sent, addressed as above designated, postage
prepaid , by registered or certified mail, return receipt requested , by the United
State mail and so deposited in a United States mail box.
22-Provisions to Bind and Benefit Successors, Assigns, Etc. Each and every
covenant and agreement herein contained shall extend to and be binding upon the
respective successors, heirs, administrators , executors and assigns of the
parties hereto; except that if any part of this lease is held in joint tenancy,
the successor in interest shall be the surviving joint tenant.
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23—Changes to be in Writing None of the covenants, provisions, terms or
conditions of this lease to be kept or performed by Landlord or Tenant shall be in
any manner modified, waived or abandoned, except by a written instrument duly
signed by the parties and delivered to the Landlord and Tenant. This lease
contains the whole agreement of the parties.
26—Construction Words and phrases herein, including acknowledgment hereof,
shall be construed as in the singular or plural number, and as masculine,
feminine or neuter gender according to the context.
25—Smoking Smoking shall not be permitted on the premises.
IN WITNESS WHEREOF, the parties hereto have duly executed this lease in
duplicate:
Heritage Cablevision Inc. U S West
,[ (Tenan ) (Landlo
By 6��/- — By '
Title e�R. VC. Ti tQ&qk - '10j G4( Y
Date a)/ Ale) Date-
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