Loading...
HomeMy WebLinkAbout~Master - Lease Agreement Between Iowa State University and the City of Ames for the Healthy Life Center Site RESOLUTION NO. 19-421 RESOLUTION APPROVING THE LEASE AGREEMENT BETWEEN IOWA STATE UNIVERSITY AND THE CITY OF AMES FOR THE HEALTHY LIFE CENTER SITE AT ONTARIO AND SCHOLL ROAD FOR THE CITY OF AMES,IOWA WHEREAS, City staff has been working to finalize a Lease Agreement prior to the September 10,2019,bond referendum for the Healthy Life Center(HLC)site situated on Iowa State University(ISU)property west of Scholl Road and north of Ontario Road; and, WHEREAS, the major provisions of the proposed lease are: • The lease will commence on October 1, 2019 and continue for 53 years unless terminated earlier by mutual consent or in accordance with other provisions of the agreement. • While there will be no lease payments owed to Iowa State University for use of the land for the Healthy Life Center,the City will be obligated to pay ISU up to$75,000 should the City decide that ISU's existing directional sign on the leased property at the corner of Scholl Road and Ontario Road be relocated. • The City will be required to construct the HLC along with the accessory components, install any entryway improvements to the site, maintain the site, and develop storm water management systems to handle the new improvements to the site. • The City will be allowed to use the site only for programs and activities that support the mission of the HLC. • The City will need approval from ISU for the site, utility, and circulation infrastructure plans for the HLC before proceeding with the initial construction. • After the initial construction, the City is allowed to proceed without approval from ISU for 1) additional improvements previously approved in the site plan 2) modifications of an existing improvement,provided the footprint of the improvement is not altered, and 3) landscaping improvements on the site. • ISU emphasizes that it is the responsibility of the City to determine whether or not the site is suitable for the construction and operation of the HLC and that no environmental studies have been performed on the site. • The City is required to hold ISU harmless and indemnify it against any loss or liability arising out of the City's use of the property. • The City will be responsible to pay any property taxes, assessments, and utility fees charged during the period the City leases the site. • At the end of the lease agreement,the City will be responsible to remove all facilities, equipment, and personal property from the site. The parties will meet and agree on a reasonable schedule to restore the site to open space. However, if ISU denies a request from the City to extend the lease anytime between the period beginning three years prior and ending no later than one year prior to the end of the 53-year lease(or any previously agreed to ending date), the obligation to remove the City's property will be based on mutually satisfactory terms of the parties. • ISU may terminate the lease agreement if 1)the City does not begin construction of the HLC within three years from the commencement of the agreement, 2) the City uses the site for purposes not related to the mission of the HLC, or 3) the City breaches a material term of the lease agreement. • The City may terminate the lease agreement if 1) the September 10, 2019 bond referendum fails, or 2) existing environmental hazards are discovered on site. • The City can sublease space within the HLC for uses consistent with the mission of the HLC. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ames, Iowa, that the Lease Agreement between the City of Ames and the Iowa Board of Regents acting on behalf of Iowa State University is hereby approved. ADOPTED THIS 13t''day of August, 2019. c�A I#' 1*)'-R Diane . Voss, City Clerk John A. Haila, Mayor Introduced by: Betcher Seconded by: Martin Voting aye: Betcher, Corrieri, Gartin, Martin,Nelson Voting nay: None Absent: Beatty-Hansen Resolution declared adopted and signed by the Mayor this 13t' day of August, 2019.