Beloit City CouncilMeeting Agenda - March 02, 2020
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AGENDABELOIT CITY COUNCIL
City Hall Forum - 100 State Street, Beloit, WI 535117:00 PM
Monday, March 02, 2020
1. CALL TO ORDER AND ROLL CALL
2. PLEDGE OF ALLEGIANCE
3. SPECIAL ORDERS OF THE DAY/ANNOUNCEMENTS
4. PUBLIC HEARINGS
5. PUBLIC COMMENTS
6. CONSENT AGENDA All items listed under the Consent Agenda are considered routine and will be enacted by one motion. There will be no
separate discussion of these items unless a Council member so requests, in which event the item will be removed fromthe General Order of Business and considered at this point on the agenda.
6.a. Referral to Plan Commission: Consideration of a Zoning Map Amendment for the propertylocated at 500 Cross Street and a portion of 208 W Grand Avenue (Christensen)Attachment
6.b. Consideration of Resolution 2020-22 authorizing Final Payment of Public Works ContractC18-31 Digester System Improvements (Prindiville)Attachment
6.c. Consideration of Resolution 2020-024 authorizing Final Payment of C18-12 City Hall WindowReplacement (Prindiville)Attachment
7. LICENSES7.a. Consideration of Resolution 2020-041 for approval/denial of applicants for an Alcohol Beverage
Operator's (Bartender's) License for years 2019-2021 (Stottler)Attachment
8. ORDINANCES
8.a. Consideration of Ordinance No. 3676 to create 18.02 (15)(q) of the Code of GeneralOrdinances of the City of Beloit authorizing outdoor vending for a Latino CommunityCelebration event sponsored by the Beloit School District in Riverside Park (Edwards)
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Beloit City CouncilMeeting Agenda - March 02, 2020
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Attachment
9. APPOINTMENTS The individuals named below have been nominated for a seat on a city board, committee or commission. Each
nomination is subject to confirmation by the City Council, approval of appointment will be accomplished by one motionunless a council member requests to take up a nomination separately, in which event the nomination will be removedfrom the General Order of Business and considered at this point on the agenda.
10. COUNCILOR ACTIVITIES AND UPCOMING EVENTS
11. CITY MANAGER’S PRESENTATION 11.a. Consideration of Resolution 2020-042 approving a Lease between the City of Beloit the Beloit
Public Library and Blackhawk Technical College (Luther) Attachment
12. REPORTS FROM BOARDS AND CITY OFFICERS
13. ADJOURNMENT
** Please note that, upon reasonable notice, at least 24 hours in advance, efforts will be made to accommodate theneeds of disabled individuals through appropriate aids and services. For additional information to request this service,please contact the City Clerk's Office at 364-6680, 100 State Street, Beloit, WI 53511.
Lorena Rae StottlerCity of Beloit Clerk-Treasurerwww.beloitwi.gov
City Council meetings occur on the first and third Mondays of the month. Meetings are televised on Charter CableAccess digital channel 992 and are live streamed via the Beloit Access Television (BATV) YouTube Channel. Councilmeetings are rebroadcast on Charter Cable Access digital channel 992 and are archived on the BATV YouTubeChannel for viewing at your leisure.
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ZMA-2020-01, 208 W. Grand Ave & 500 Cross Street, Council Referral
CITY OF BELOIT
REPORTS AND PRESENTATIONS TO CITY COUNCIL
Topic: Zoning Map Amendment Application for 500 Cross Street and part of 208 W. Grand Avenue – Council Referral to the Plan Commission
Date: March 2, 2020
Presenter: Julie Christensen Department: Community Development
Overview/Background Information
City of Beloit Staff has submitted an application for a Zoning Map Amendment to change the zoning district classification from CBD-1, Central Business District – Core and PLI, Public Lands & Institutions to PUD, Planned Unit Development District, for the properties located at 500 Cross Street and part of 208 W. Grand Avenue.
Key Issues
1. Hendricks Commercial Properties has an approved Planned Unit Development (PUD) - Master Land Use Plan for phased mixed use redevelopment of the former Kerry production site located at 200 W. Grand Avenue and 525 Cross Street into three buildings totaling up to 174 dwelling units, limited first floor commercial uses, and an off-street parking lot. A copy of the PUD - Master Land Use Plan is attached to this report.
2. The subject properties need to be consolidated into one zoning lot for this project. The approval of the CSM is contingent on the rezoning of these parcels, which must occur before closing. The City has accepted an offer to purchase the land.
3. This application is being considered in accordance with the Zoning Map Amendment procedures contained in Section 2-300 of the Zoning Ordinance.
Conformance with Strategic Plan
Approval of this action would conform with the stated purpose of the following strategic goal:
Goal #1 – Create and Sustain Safe and Healthy Neighborhoods
Goal #2 – Create and Sustain a High Performing Organization
Goal #3 – Create and Sustain Economic and Residential Growth
Goal #4 – Create and Sustain a High Quality of Life
Goal #5 – Create and Sustain High Quality Infrastructure and Connectivity
Goal #6 – Create and Sustain a Positive Image, Enhance Communications and Engage the Community
Sustainability
(If applicable, briefly comment on the sustainable long term impact of this policy or program related to how it will impact both the built and natural environment. Consider whether the policy or program will reduce dependence upon fossil fuels, reduce dependence on chemicals and other manufacturing substances that accumulate in nature, reduce dependence on activities that harm life sustaining eco-systems, and/or meet the hierarchy of present and future human needs fairly and efficiently. Write N/A if not applicable)
N/A
Action Required/Recommendation
• Referral to the Plan Commission for the March 4, 2020 meeting • This item may return to the City Council for a public hearing and possible action on March 16, 2020
Fiscal Note/Budget Impact
N/A
Attachments
Approved PUD – Master Land Use Plan and Application
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ZMA-2020-01, 208 W. Grand Ave & 500 Cross Street, Council Referral
Approved PUD – Master Land Use Plan
Land Being Rezoned to PUD
4
ZMA-2020-01, 208 W. Grand Ave & 500 Cross Street, Council Referral
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ZMA-2020-01, 208 W. Grand Ave & 500 Cross Street, Council Referral
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CITY OF BELOITREPORTS AND PRESENTATIONS TO CITY COUNCIL
Topic: Resolution Authorizing Final Payment of Public Works Contract C18-31 Digester Mixing Improvements
Date: March 2, 2020
Presenter: Scot Prindiville, Deputy Public Works Director Department: Public Works/Engineering
Overview/Background Information
This project facilitated the construction of new mixing system for the anaerobic digesters located at the WaterPollution Control Facility. The original system used 30 year old technology that required increasing maintenanceactivity and was less energy efficient and more labor intensive than current mixing strategies.
Key Issues
1. The requirements of the contract have been completed to the satisfaction of the City.
2. The awarded contract amount was $2,662,000.00
Contract additions and change orders $ -61,366.00
Total contract amount $2,600,634.00
Total payments to contractor to date $2,535,765.00
Net payment due contractor $ 64,869.00
3. The City Engineer, City Attorney, and Director of Accounting recommend that a final payment be made to StaabConstruction Corporation in the amount of $64,869.00.
Conformance with Strategic Plan
Approval of this agreement would conform with the stated purpose of the following strategic goal:
Goal #1 – Create and Sustain Safe and Healthy Neighborhoods
Goal #2 – Create and Sustain a High Performing Organization
Goal #3 – Create and Sustain Economic and Residential Growth
Goal #4 – Create and Sustain a High Quality of Life
Goal #5 – Create and Sustain High Quality Infrastructure and Connectivity
Goal #6 – Create and Sustain a Positive Image, Enhance Communications and Engage the Community
Sustainability
(If applicable, briefly comment on the sustainable long term impact of this policy or program related to how it will impact both the built and naturalenvironment. Consider whether the policy of program will reduce dependence upon fossil fuels, reduce dependence on chemicals and othermanufacturing substances that accumulate in nature, reduce dependence on activities that harm life sustaining eco-systems, and/or meet thehierarchy of present and future human needs fairly and efficiently. Write N/A if not applicable)
Installing updated equipment enhances mixing and allows for future sustainable projects such as community digestion orco-generation for electrical energy production. An added benefit will be enhanced dewaterability resulting inimproving process control along with enhanced biosolids prodution, transport and field application.
Action Required/Recommendation
Approval of the Resolution authorizing the Final Payment.
Fiscal Note/Budget Impact
Funds are available in the 2018 Capital Improvement Plan.
Attachments
Memo, Resolution
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RESOLUTION 2020-022
RESOLUTION AUTHORIZING FINAL PAYMENT OF PUBLIC WORKS CONTRACTC18-31 DIGESTER SYSTEM IMPROVEMENTS
WHEREAS, work under this contract has been completed satisfactorily and in conformance withthe requirements with the contract; and
WHEREAS, this project facilitated the construction of a new mixing system for the anaerobicdigesters located at the Water Pollution Control Facility; and
WHEREAS, the City Engineer, Comptroller, and City Attorney recommended final payment to thecontractor.
NOW, THEREFORE, BE IT RESOLVED by the City of Beloit City Council that Staab ConstructionCorporation Inc. be paid $64,869.00 as the final payment for the Public Works Contract C18-31 DigesterSystem Improvements as recommended by the City Engineer.
Approved this 2nd day of March, 2020.
CITY COUNCIL OF THE CITY OF BELOIT
______________________________________Regina Dunkin, President
ATTEST:
__________________________________Lorena Rae Stottler, City Clerk-Treasurer
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Public Works DepartmentEngineering Division
Interoffice Memorandum
To: Scot Prindiville
From: Scott Schneider, Project Engineer
Re: Final Payment Contract C18-31
Digester Mixing Improvements
Date: January 23, 2020
_____________________________________________________________________________________The work on this project was completed by November 6, 2019. I found the work to besatisfactory and in compliance with the requirements of the contract. The contractor has askedfor final payment. The final payment amount has been agreed upon with the contractor.
The original contract amount was for $2,662,000.00, and the final contract amount is$2,600,634.00. The decrease was due to unused construction allowances built into the initialbid. The allowances were not used due to the quality of the construction documents and theworking knowledge of the relevant conditions of the existing plant infrastructure. Payments todate under this contract total $2,535,765.00, and all lien waivers from subcontractors are onfile.
Therefore, I recommend a final payment in the amount of $64,869.00 be made to StaabConstruction Corporation.
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CITY OF BELOITREPORTS AND PRESENTATIONS TO CITY COUNCIL
Topic: Resolution Authorizing Final Payment of Public Works Contract C18-12 City Hall Window Replacement
Date: March 2, 2020
Presenter: Scot Prindiville, Deputy Public Works Director Department: Public Works/Engineering
Overview/Background Information
This project facilitated the replacement of the stacked windows and metal siding on the south face of City Hall. Thewindow and siding system was beyond its intended life span, and had been the historical source of leaks into theNetwork Operactions Center (NOC) room located in the police department section of City Hall.
Key Issues
1. The requirements of the contract have been completed to the satisfaction of the City.
2. The awarded contract amount was $129,000.00
Contract additions and change orders $ 4,546.00
Total contract amount $133,546.00
Total payments to contractor to date $ 76,413.60
Net payment due contractor $ 57,132.40
3. The City Engineer, City Attorney, and Director of Accounting recommend that a final payment be made toKlobucar Construction Co., Inc. in the amount of $57,132.40.
Conformance with Strategic Plan
Approval of this agreement would conform with the stated purpose of the following strategic goal:
Goal #1 – Create and Sustain Safe and Healthy Neighborhoods
Goal #2 – Create and Sustain a High Performing Organization
Goal #3 – Create and Sustain Economic and Residential Growth
Goal #4 – Create and Sustain a High Quality of Life
Goal #5 – Create and Sustain High Quality Infrastructure and Connectivity
Goal #6 – Create and Sustain a Positive Image, Enhance Communications and Engage the Community
Sustainability
(If applicable, briefly comment on the sustainable long term impact of this policy or program related to how it will impact both the built and naturalenvironment. Consider whether the policy of program will reduce dependence upon fossil fuels, reduce dependence on chemicals and othermanufacturing substances that accumulate in nature, reduce dependence on activities that harm life sustaining eco-systems, and/or meet thehierarchy of present and future human needs fairly and efficiently. Write N/A if not applicable)
The project replaced windows were beyond their useful life. The new windows provide a better insulation value to thebuilding, which reduces the cost of heating and cooling the building. The new windows also eliminated several leaks,which aids in extending the life span of the building.
Action Required/Recommendation
Approval of the Resolution authorizing the Final Payment.
Fiscal Note/Budget Impact
Funds are available in the 2018 Capital Improvement Plan.
Attachments
Memo, Resolution
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RESOLUTION 2020-024
RESOLUTION AUTHORIZING FINAL PAYMENT OF PUBLIC WORKS CONTRACTC18-12 CITY HALL WINDOW REPLACEMENT
WHEREAS, work under this contract has been completed satisfactorily and in conformance withthe requirements with the contract; and
WHEREAS, this project facilitated the replacement of the stacked windows and siding on thesouth face of City Hall; and
WHEREAS, the City Engineer, Comptroller, and City Attorney recommended final payment to thecontractor.
NOW, THEREFORE, BE IT RESOLVED by the City of Beloit City Council that Klobucar ConstructionCo., Inc. be paid $57,132.40 as the final payment for the Public Works Contract C18-12 City Hall WindowReplacement as recommended by the City Engineer.
Approved this 2nd day of March, 2020.
CITY COUNCIL OF THE CITY OF BELOIT
______________________________________Regina Dunkin, President
ATTEST:
__________________________________Lorena Rae Stottler, City Clerk-Treasurer
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Public Works DepartmentEngineering Division
Interoffice Memorandum
To: Scot Prindiville
From: Scott Schneider, Project Engineer
Re: Final Payment Contract C18-12
City Hall Window Replacement
Date: January 17, 2020
_____________________________________________________________________________________The work on this project was completed by December 12, 2019. I found the work to besatisfactory and in compliance with the requirements of the contract. The contractor has askedfor final payment. The final payment amount has been agreed upon with the contractor.
The original contract amount was for $129,000.00, and the final contract amount is$133,546.00. The increase was due to repairing an area outside of the scope of work that couldhave contributed to leaking found on the fourth floor of City Hall. Payments to date under thiscontract total $76,413.60, and all lien waivers from subcontractors are on file.
Therefore, I recommend a final payment in the amount of $57,132.40 be made to Klobucar Co.,Inc.
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CITY OF BELOITREPORTS AND PRESENTATIONS TO CITY COUNCIL
Topic:Resolution Considering Applications for Alcohol Beverage Operator’s (Bartender’s) Licenses for licenseperiod July 1, 2019 - June 30, 2021.
Date: March 2, 2020
Presenter: Lorena Rae Stottler Department: City Clerk-Treasurer
Overview/Background Information
Applicants for an Alcohol Beverage Operator’s (Bartender’s) License must apply (or renew) on a biennial basis. Thisprocess requires an application, proof that a responsible beverage server training course was completed, payment ofthe applicable fee and submission to a background check of the Beloit Police Department.
State law requires the City Council to act on all licenses prior to issuance. The attached resolution includes allapplicants received from February 12 - 26, 2019 for the license period July 1, 2019 - June 30, 2021.
Key Issues
1. The applicants being recommended for approval or denial have completed the following steps:
a. Submitted a complete application and proof of responsible beverage server training, shown ID, paid applicablefees and submitted to a background investigation.
b. Upon completion of the background investigation, the Police Department provides a recommendation forapproval or denial to the Clerk-Treasurer.
c. Applications recommended for denial are sent a letter stating the reasons for the recommendation of denial andthe opportunity to appeal to the City Council. Applications recommended for approval and those that do not appeal areplaced on the master list and submitted to City Council every two weeks for consideration.
d. Upon Council action, City Clerk-Treasurer provides the necessary follow-up by issuing the license or sending aletter to the applicant stating the reason(s) for denial.
2. Section 125.17(1), Wis. Stats., requires the governing body to approved qualified applicants prior to issuance of thelicense.
3. This list includes 10 applicants taken between February 12 - 26, 2020, for the license period July 1, 2019 - June 30,2021.
a. Recommended for Approval: 9 applicants are recommended for approval.
b. Recommended for Denial: 1 applicant is recommended for denial on the basis of the background check of theapplicant. The applicant did not request a hearing within the required timeframe.
4. This process is consistent with state statute as well as guidance from the League of Wisconsin Municipalities guidancefor Municipal Licensing and Regulation of Alcohol Beverages.
Conformance with Strategic Plan
Approval of this action would conform with the stated purpose of the following strategic goal:
Goal #1 – Create and Sustain Safe and Healthy Neighborhoods
Goal #2 – Create and Sustain a High Performing Organization
Goal #3 – Create and Sustain Economic and Residential Growth
Goal #4 – Create and Sustain a High Quality of Life
Goal #5 – Create and Sustain High Quality Infrastructure and Connectivity
Goal #6 – Create and Sustain a Positive Image, Enhance Communications and Engage the Community
Sustainability
(If applicable, briefly comment on the sustainable long term impact of this policy or program related to how it will impact both the built and naturalenvironment. Consider whether the policy or program will reduce dependence upon fossil fuels, reduce dependence on chemicals and othermanufacturing substances that accumulate in nature, reduce dependence on activities that harm life sustaining eco-systems, and/or meet thehierarchy of present and future human needs fairly and efficiently. Write N/A if not applicable)
N/A
Action Required/Recommendation
Staff recommends approval of the Resolution.
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Fiscal Note/Budget Impact
Each applicants pays $50 for a 2-year license and $35 for a 1-year license.
Attachments
Resolution, List of applicants.
Revised 05-24-2018
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RESOLUTION 2020-041
RESOLUTION CONSIDERING THE APPROVAL/DENIAL OF APPLICANTS FOR AN ALCOHOLBEVERAGE OPERATOR’S (BARTENDER’S) LICENSE FOR YEARS 2019-2021
WHEREAS, the applicants listed in the attached document, which is incorporated herein byreference, have applied for operator's licenses; and
WHEREAS, some of the applicants listed in the attached document are recommended by thePolice Department and the City Clerk-Treasurer’s Office for approval; and
WHEREAS, some of the applicants listed herein are recommended by the Police Department fordenial, have been provided a notice of denial from the City Clerk-Treasurer’s Office and have chosen notto appeal this recommendation to the City Council.
NOW, THEREFORE, BE IT RESOLVED THAT the applicants who are recommended for approvalare hereby approved for the period ending June 30, 2021. The City Clerk-Treasurer’s Office is directedto issue the license to the applicant(s).
BE IT FURTHER RESOLVED THAT the applicants who are recommended for denial are herebydenied. The City Clerk-Treasurer’s Office is directed to send a letter to the applicant indicating thedecision of this council and the reasons therefor.
Adopted this 2nd day of March, 2020.
CITY COUNCIL FOR THE CITY OF BELOIT
________________________________Regina Dunkin, Council President
ATTEST:
____________________________________Lorena Rae Stottler, City Clerk-Treasurer
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Applicants Recommended for Approval Through February 26, 2020
Arrington, Alisa A. Buffalo Wild Wings
Bach, Kamryn D. Badger Spirits
Barrett, Elizabeth Buffalo Wild Wings
Harris, Kennedy P. Buffalo Wild Wings
Monroe, Lakira Buffalo Wild Wings
Reid, Meghan L. Casey's General Store
Symons, Lori M. Casey's General Store
Tracy, Alyssa M. Casey's General Store
Wessels, Joseph D. Badger Spirits
Year to Date: 563
Applicants recommended for Denial through February 26, 2020
Woolbright, Kelley M. Speedway #2086
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CITY OF BELOIT REPORTS AND PRESENTATIONS TO CITY COUNCIL
Topic: AN ORDINANCE TO CREATE 18.02 (15)(q) OF THE CODE OF GENERAL ORDINANCES OF THE CITY OF BELOIT AUTHORIZING OUTDOOR VENDING FOR A LATINO COMMUNITY CELEBRATION EVENT SPONSORED BY THE BELOIT SCHOOL DISTRICT IN RIVERSIDE PARK
Date: 3/2/2020
Presenter: Mark Edwards Department: Public Works-Parks and Recreation
Overview/Background Information
The School District of Beloit is planning a Latino Community Celebration in Riverside Park on May 16, 2020 for all district families and community members. The event will encourage community unity through entertainment that includes art, music, and food. The event is free and open to the public.
Key Issues
1. The School District of Beloit is sponsoring this event at the Harry Moore Pavilion in Riverside Park on May 16, 2020 from 10:00 a.m. to 2:00 p.m.
2. Event organizers plan to set up vending food trucks along with booths for local restaurant to particiate and sell food.
3. Event will include Hispanic/Latino music, the Beloit School District student choir, art work exhibited by high school students and local artist, and community booths.
4. The event is free and open to the public.
Conformance with Strategic Plan
Approval of this action would conform with the stated purpose of the following strategic goal:
Goal #1 – Create and Sustain Safe and Healthy Neighborhoods
Goal #2 – Create and Sustain a High Performing Organization
Goal #3 – Create and Sustain Economic and Residential Growth
Goal #4 – Create and Sustain a High Quality of Life
Goal #5 – Create and Sustain High Quality Infrastructure and Connectivity
Goal #6 – Create and Sustain a Positive Image, Enhance Communications and Engage the Community
Sustainability (If applicable, briefly comment on the sustainable long term impact of this policy or program related to how it will impact both the built and natural environment. Consider whether the policy or program will reduce dependence upon fossil fuels, reduce dependence on chemicals and other manufacturing substances that accumulate in nature, reduce dependence on activities that harm life sustaining eco-systems, and/or meet the hierarchy of present and future human needs fairly and efficiently. Write N/A if not applicable)
N/A
Action Required/Recommendation
Staff recommends approval. The School District is requesting a suspension of the rules and first and second reading on March 2, 2020 in order for them to begin advertising this event. Fiscal Note/Budget Impact
No budgetary impact
Attachments
Proposed ordinance Revised 05-24-2018
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ORDINANCE NO. 3676
AN ORDINANCE TO CREATE 18.02 (15)(q) OF THE CODE OF GENERAL ORDINANCES OF THE CITY OF BELOIT AUTHORIZING OUTDOOR VENDING FOR A LATINO COMMUNITY CELEBRATION EVENT SPONSORED BY THE BELOIT SCHOOL DISTRICT IN RIVERSIDE PARK
The City Council of the City of Beloit, Rock County, Wisconsin, do ordain as follows:
Section 1. Section 18.02(15)(q)of the Code of General Ordinances of the City of
Beloit is hereby created to read as follows: “(q) Annual Latino Community Celebration event sponsored by the Beloit School
District in Riverside Park.” Section 2. This ordinance shall be in force and take effect upon passage and
publication.
Adopted this ___ day of March 2, 2020.
CITY COUNCIL FOR THE CITY OF BELOIT By: _________________________________
Regina Dunkin, President ATTEST: By: Lorena Rae Stottler, City Clerk‐Treasurer PUBLISHED: EFFECTIVE DATE: 01‐611100‐5231‐ tdh/ordinances/18.02(15)(q) 20200224 (20‐1034)
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CITY OF BELOIT
REPORTS AND PRESENTATIONS TO CITY COUNCIL
Topic: Consideration of Resolution 2020-042 to consider a lease agreementbetween the City (Owner), Beloit Public Library (Tenant) and Blackhawk Techical College (Tenant)
Date: March 2, 2020
Presenter: Lori Luther & Nick Dimassis Department: City Manager & Library
Overview/Background Information
Since Fall 2018, Blackhawk Technical College (BTC) has delivered several of its Beloit classes from one of the Beloit Public Library (BPL) public classrooms. The success and complementary nature of this educational partnership is now being proposed to expand to the buildout of two classrooms, a GED Testing Center, and a small office in library space that is currently unfinished (i.e., not currently public use space). While the initial "pilot project" period has been on an annual room rental basis consistent with BPL policy, this new arrangement has longer-term lease components, as outlined in the agreement. Importantly, when the two classrooms or GED Testing Center are not in use by BTC, they will be available for BPL programming and use, helping to ease the high demand for such space.
Key Issues
1. City staff worked diligently with BPL staff, who in turn worked diligently with BTC staff, to develop the plan.
2. There were significant discussions where city staff was able to provide final review of the plan and lease--and necessary revisions were accommodated to the City's satisfaction.
3. This plan will assure that Blackhawk Technical College remains a strong educational presence and partner within the Beloit community.
4. Blackhawk Technical College will be providing all the funding for the buildout as identified in the "Base Bid" exhibit. The City of Beloit has no financial obligations for this plan.
5. Adoption of the lease is required in order for BTC and BPL to get final approvals from their boards and to receive the required funding from BTC for the build out.
Conformance with Strategic Plan
Approval of this action would conform with the stated purpose of the following strategic goal:
Goal #1 – Create and Sustain Safe and Healthy Neighborhoods
Goal #2 – Create and Sustain a High Performing Organization
Goal #3 – Create and Sustain Economic and Residential Growth
Goal #4 – Create and Sustain a High Quality of Life
Goal #5 – Create and Sustain High Quality Infrastructure and Connectivity
Goal #6 – Create and Sustain a Positive Image, Enhance Communications and Engage the Community
Sustainability
(If applicable, briefly comment on the sustainable long term impact of this policy or program related to how it will impact both the built and natural environment. Consider whether the policy or program will reduce dependence upon fossil fuels, reduce dependence on chemicals and other manufacturing substances that accumulate in nature, reduce dependence on activities that harm life sustaining eco-systems, and/or meet the hierarchy of present and future human needs fairly and efficiently. Write N/A if not applicable)
As an infill development project reliant upon an existing building, this project promotes sustainability by not relying upon new greenfield construction.
Action Required/Recommendation
Staff recommends approval of the lease and buildout agreement.
Fiscal Note/Budget Impact
Blackhawk Technical College is funding the "Base Bid" construction; any work from "Alternative Bid 1" or "Alternative Bid 2" incorporated into this buildout schedule will be funded by the Beloit Public Library.
Attachments
Resolution; Proposed Lease and Buildout Agreement and Exhibits
Revised 05-24-2018
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RESOLUTION 2020 – 042
RESOLUTION APPROVING THE LEASE AGREEMENT BETWEEN THE CITY OF BELOIT (OWNER), BELOIT
PUBLIC LIBRARY (LANDLORD) AND BLACKHAWK TECHNICAL COLLEGE (TENANT)
WHEREAS, Blackhawk Technical College desires a long-term location to provide educational
services at the Beloit Public Library; and
WHEREAS, Blackhawk Technical College will fund the “base bid” and the City of Beloit has no
additional funding requirements.
NOW, THEREFORE, the City Council of the City of Beloit, Rock County, Wisconsin, hereby
resolves that the attached Lease Agreement between the City of Beloit, Beloit Public Library and
Blackhawk Technical College, be, and it is hereby, approved.
BE IT FURTHER RESOLVED that the City Manager of the City of Beloit be, and is hereby,
authorized to execute the attached Lease Agreement on behalf of the City of Beloit, and take such other
necessary action to effectuate the purpose of this resolution.
Approved this 2nd day of March, 2020.
CITY COUNCIL OF THE CITY OF BELOIT
_______________________________
Regina Dunkin, President
ATTEST:
_________________________________
Lorena Rae Stottler, City Clerk-Treasurer
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00998887.DOCX
LEASE
THIS LEASE (the “Lease”) is made as of the ______ day of _________, 2020 among
CITY OF BELOIT more fully identified in Section 1.1 as owner (the “Owner”), BELOIT PUBLIC
LIBRARY more fully identified in Section 1.2 as operator and landlord (the “Landlord”), and
BLACKHAWK TECHNICAL COLLEGE more fully identified in Section 1.3 as tenant (the
“Tenant”).
RECITALS:
A. Landlord has a long-term campus expansion plan for the library campus located at
605 Eclipse Blvd in the city of Beloit, Rock County, Wisconsin (the “Library Campus Expansion
Plan” or the “Plan”), which will allow various service providers to deliver services for citizens of
the city of Beloit in one convenient location; and
B. Landlord envisions the Library Campus Expansion Plan will occur in phases as the
needs and funding of the various service providers permit; and
C. Tenant desires to consolidate certain services delivered by Tenant in the city of
Beloit to a portion of the area covered by the Library Campus Expansion Plan and to partner with
Landlord and Owner to initiate phase one of the Plan; and
D. Landlord and Owner also desire to partner with Tenant to initiate phase one of the
Library Campus Expansion Plan.
AGREEMENT:
Demise. In consideration of the undertakings of the parties contained herein and with the
express consent of Owner, Landlord leases to Tenant, and Tenant leases from Landlord, the
premises described in Sections 1.4 and 2 (the “Premises”), on the following terms and conditions:
1. Basic Lease Provisions: This Section contains or refers to certain basic provisions
of this Lease (the “Basic Lease Provisions”). Other Sections of this Lease explain, define and are
to be read in conjunction with the Basic Lease Provisions.
1.1 Owner: City of Beloit
100 State Street
Beloit, WI 53511
Attn: City Manager Lori S. Curtis Luther
Phone: (608) 364-6614
Fax: (608) 364-6756
Email: [email protected]
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2
00998887.DOCX
1.2 Landlord: Beloit Public Library
605 Eclipse Blvd
Beloit, WI 53511
Attn: Nick Dimassis, Library Director
Phone: (608) 364-2917
Fax: (608) 364-2907
Email: [email protected]
1.3 Tenant: Blackhawk Technical College
6004 S. County Road G
Janesville, WI 53545-5009
Attn: Renea Ranguette, VP for Admin Services/CFO
Phone: (608) 757-7700
Fax: (608) 757-7740
Email: [email protected]
1.4 Premises: (See Section 2):
(a) Property Address: 605 Eclipse Blvd, Beloit, WI
(b) Physical Description: Area defined in Base Bid, which equates to
approximately 3,500 sq. ft. of classroom, office, testing, and collaboration space as shown
on the Site Plan (the “Site Plan”) attached as Exhibit “A”.
(c) Use: Classrooms/training rooms, office and testing for technical
college operations, collaboration space for student use.
1.5 Term:
(a) Primary Term (See Section 3.1): Five (5) year(s), from August 1,
2020 through July 31, 2025 or, if the Tenant Possession Date pursuant to Section 1.8 is
December 1, 2020, then the Primary Term shall be five (5) years and eight (8) months,
from December 1, 2020 through July 31, 2026
(b) Option to Extend (See Section 3.2):
(i) Extension Terms: Three (3) - Five (5) year renewal option
from:
1st Option: August 1, 2025 through July 31, 2030
2nd Option: August 1, 2030 through July 31, 2035
3rd Option: August 1, 2035 through July 31, 2040
Provided, however, that if the Tenant Possession Date pursuant to Section 1.8 is
December 1, 2020, then the Extension Terms shall be three (3) - five (5) year
renewal option from:
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1st Option: August 1, 2026 through July 31, 2031
2nd Option: August 1, 2031 through July 31, 2036
3rd Option: August 1, 2036 through July 31, 2041
(ii) Exercise Date(s): Three (3) months prior to the expiration of
the Primary Term or then existing Extension Term (each as hereinafter defined), as
follows:
1st Option: On or before April 30, 2025
2nd Option: On or before April 30, 2030
3rd Option: On or before April 30, 2035
Provided, however, that if the Tenant Possession Date pursuant to Section 1.8 is
December 1, 2020, then the Exercise Date(s) shall be three (3) months prior to the
following dates:
1st Option: On or before April 30, 2026
2nd Option: On or before April 30, 2031
3rd Option: On or before April 30, 2036
(c) Early Termination: After January 31, 2023, Tenant shall have the
right to terminate this Lease without cause upon one hundred eighty (180) days prior
written notice to Landlord.
1.6 Rent:
(a) Primary Term (See Section 4): Annual rent for the primary lease
term shall be payable in equal monthly installments as follows:
$30,000 annual rent payable in 12 monthly installments of $2,500
(b) Option to Extend (See Section 3.2): Annual rent for renewal term
shall be payable in equal monthly installments as follows:
1st Option:
$31,500 annual rent payable in 12 monthly installments of $2,625
2nd Option:
$33,000 annual rent payable in 12 monthly installments of $2,750
3rd Option:
$34,800 annual rent payable in 12 monthly installments of $2,900
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1.7 Rent Commencement Date (See Section 4): August 1, 2020, or if the
Tenant Possession Date pursuant to Section 1.8 is December 1, 2020, then December 1, 2020.
1.8 Tenant Possession Date (See Section 7): August 1, 2020, or if Tenant is
unable to take possession of the premises on August 1, 2020 (other than as a result of the acts or
default of Tenant), then the Tenant Possession Date shall be December 1, 2020.
1.9 Casualty Insurance (See Section 13.1):
(a) Amount: Full Replacement Value
(b) Insuring Party: Owner or Landlord
1.10 Liability Insurance (See Section 13.2):
(a) Amount:
Commercial General liability policy with Combined Single Limit
for Bodily Injury and Property Damage:
$1,000,000 each occurrence
$1,000,000 personal injury
$2,000,000 general aggregate
$2,000,000 products/completed operations aggregate
Comprehensive Automobile Coverage
$1,000,000 combined single limit
Worker’s Compensation and Employer’s Liability
Must carry coverage for Statutory Worker’s Compensation and
Employer’s Liability limit of:
$100,000 Each Accident
$500,000 Disease Policy Limit
$100,000 Disease – Each Employee
Must include coverage for occupational disease, sickness and death
Must include Broad Form All States Endorsement / other States
Endorsement
Commercial Property Insurance Policy covering Tenant’s office
equipment and other personal property located upon Premises
(b) Insuring Party: Tenant
2. Premises: During the Term of this Lease (as defined in Section 3.3), the Premises
shall consist of (a) the exclusive use of the area designated as the Office on the Site Plan, (b) the
non-exclusive use of the areas designated as the Classrooms and Testing Room on the Site Plan
subject to Tenant’s priority rights for scheduling the use of such classrooms as set forth in Section
41 below, (c) the non-exclusive use of the area designated as the Library’s Community Classroom
on the Site Plan subject to Tenant’s priority rights for scheduling the use of such classroom as set
forth in Section 41 below, (d) the non-exclusive use of the common area designated on the Site 24
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Plan, (e) the non-exclusive use of adjoining exterior parking, walkway and drive areas associated
with the property of which the Premises is a part, and (f) the non-exclusive right to access to all of
the Premises, the exterior parking, walkway and drive areas and the adjoining public streets.
3. Term:
3.1 Primary Term: The primary term of this Lease shall be for the period
specified in Section 1.5 (the “Primary Term”) unless this Lease shall be earlier terminated as
hereinafter provided.
3.2 Extension Terms: Tenant shall have the right and option to extend the
Primary Term for the extension term as set forth in Section 1.5 (the “Extension Term”), upon the
same terms and conditions of this Lease, except as otherwise provided in Section 1.6. Tenant shall
deliver to Landlord notice of its election so to extend the Primary Term on or before the respective
Exercise Date set forth in Section 1.5.
3.3 Term of this Lease: The Primary Term and all Extension Terms elected by
Tenant sometimes shall be referred to collectively hereinafter as the “Term of this Lease.”
4. Rent: During the Term of this Lease, Tenant shall pay rent to Landlord at the
following address or at such other address as Landlord may designate in writing at any time or
from time to time: Beloit Public Library, Attention: Business Office, 605 Eclipse Blvd, Beloit,
WI 53511. The rent shall be paid in advance in monthly installments as set forth in Section 1.6
(the “Rent”) on or before the Rent Commencement Date as set forth in Section 1.7 (the “Rent
Commencement Date”) and on or before the first business day of each calendar month thereafter.
Rent for partial months at the inception or the termination of the Lease shall be prorated.
5. Real Estate Taxes and Assessments: During the Term of this Lease, Landlord
shall pay all real estate taxes and assessments (if any), general and special, levied against the
Premises (“Taxes and Assessments”).
6. Utilities: During the Term of this Lease, Landlord shall furnish heat, electricity, air
conditioning, water, and sewer to the Premises. Landlord shall not be liable, in any way, for any
utility failure or outage unless caused by Landlord’s intentional actions. Tenant shall be
responsible for furnishing telephone and internet service to the Premises, which services will be
dedicated to Tenant’s sole use.
7. Leasehold Improvement Work: Prior to the Tenant Possession Date as set forth
in Section 1.8 (the “Tenant Possession Date”), and subject to the provisions of Sections 7.1, 7.2
and 7.3 below, Owner shall at its sole cost and expense confirm that all utility lines required to be
furnished by Landlord under Section 6 are connected or shall cause such connections to be made
and shall also substantially complete performance of the work set forth in Exhibit “B” (all of the
work referred to in this Section 7 being collectively referred to as the “Leasehold Improvement
Work”) in accordance with the Phase One Plans and Specifications provided for in Section 7.1
below. Owner shall perform the Leasehold Improvement Work in accordance with Section 18.1(a),
and in a manner such that there shall be no unreasonable interruption, disruption or delay in the
performance of Tenant’s work at the Premises, including but not limited to Tenant’s Improvement
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7.1 Phased Conceptual Design Plan: The parties hereby acknowledge that (a)
Tenant has contracted with Angus-Young Associates, Inc. (“AYA”), 555 S. River Street,
Janesville, Wisconsin, to explore phasing of the Library Campus Expansion Master Plan to meet
Tenant’s immediate needs and (b) Tenant is responsible for payment of all fees and expenses due
AYA for this conceptual design work.
7.2 Phase One Design Plan and Specifications: AYA shall develop the Phase
One Plans and Specifications in such a manner as to effectively segregate Tenant and Landlord
improvements for construction bid purposes (Tenant – Base Bid, Landlord – Alternate #1 and
Alternate #2). The Phase One Plans and Specifications shall be subject to final approval by Owner,
Landlord and Tenant and, once approved by all such parties, shall be incorporated into and attached
hereto as part of Exhibit “B”.
7.3 Landlord and Tenant Reimbursement to Owner for Leasehold
Improvement Work: Landlord and Tenant hereby agree that all costs and expenses incurred by
Owner for the Leasehold Improvement Work shall be allocated between Landlord and Tenant as
follows: a) actual cost of construction as bid and awarded with Tenant responsible for Phase One
Base Bid and Landlord responsible for Phase One Alternate #1 and #2, and b) all other expenses
shall be based upon the square footage allocation determined by AYA as part of its preparation of
the Phase One Plans and Specifications.
Based upon such determination by AYA, Landlord and Tenant agree to reimburse Owner for the
cost of the Leasehold Improvement Work performed by Owner and referenced in Exhibit “B.
Prior to commencement of the Leasehold Improvement Work, Tenant shall deposit its portion of
the cost of the Leasehold Improvement Work with Owner to fund Tenant’s share of the
construction draws as they come due. Owner shall not approve any change order increasing the
cost to Tenant without Tenant’s prior written approval.
7.4 INTENTIONALLY LEFT BLANK
7.5 Warranty: Owner shall require a warranty from the contractor performing
the work that the Leasehold Improvement Work will be free of defects in materials or
workmanship for a period of one year, and Owner shall diligently enforce said warranty.
7.6 Preconditions to Commencement of Leasehold Improvement Work:
Owner, Landlord and Tenant acknowledge that the Leasehold Improvement Work is contingent
upon the following:
A. Approval of this Lease and the Leasehold Improvement Work by the
Blackhawk Technical College District Board (“Contingency A”); and
B. Approval of this Lease and the Leasehold Improvement Work by the
Wisconsin Technical College System Board (“Contingency B”); and
C. Approval of this Lease and the Leasehold Improvement Work by the
Common Council of the City of Beloit (“Contingency C”); and
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D. Approval of this Lease and the Leasehold Improvement Work by the
governing Board of the Beloit Public Library (“Contingency D”); and
E. Owner’s full compliance with the bid and bid award process for public
improvement projects (“Contingency E”); and
F. Landlord’s and Tenant’s written approval of the lowest bid prior to the
Owner awarding the project contract to such bidder (“Contingency F”).
Owner shall not award the project contract and commence construction of the Leasehold
Improvement Work until (i) Owner satisfies Contingency C and Contingency E, (ii) Owner
receives written notification from Tenant that Contingency A and Contingency B have been
satisfied, (iii) Owner receives written notification from Landlord that Contingency D has been
satisfied; and (iv) Owner receives written approval from Landlord and Tenant in satisfaction of
Contingency F. If any of the above contingencies are not satisfied prior to 5:00 p.m. on April 9,
2020, this Lease shall terminate and be of no further force or effect.
8. Possession of Premises:
8.1 Delivery of Possession, Condition: Owner and Landlord shall deliver
possession of the Premises to Tenant on the Tenant Possession Date. Prior to such delivery, the
Premises shall be in broom-swept, tenantable condition with all Mechanical and Utility Systems
(as defined in Section 11.1(b)) in fully operable condition. Time shall be of the essence with respect
to the delivery of possession to Tenant in such condition.
8.2 Tenant’s Right of Entry: Tenant, at its sole cost and expense, shall have
the right, upon the issuance of a temporary occupancy permit, to enter upon the Premises to
perform certain work, including without limitation Tenant’s Improvement Work and the
installation of trade fixtures and personal property such as, without limitation, the equipment more
particularly described in Section 10, but Tenant shall not be obligated to pay any Rent or other
amount to Landlord prior to the Rent Commencement Date.
9. Tenant Improvements: No substantial alteration or remodeling of the Premises
shall be made by Tenant without the prior written consent of the Owner and Landlord, which
consent may be withheld in the sole discretion of Owner and/or Landlord. Except for such
substantial alterations and remodeling of the Premises, Tenant, at its sole cost and expense, shall
have the right but shall not be obligated prior to and during the Term of this Lease to improve,
alter and renovate the Premises in any manner which Tenant deems necessary or desirable to make
the same fit and suitable for the conduct of its business operations, including without limitation
painting, decorating, redecorating, floor coverings, and wall coverings (the “Tenant’s
Improvement Work”). Tenant shall perform all work described in this Section according to the
standards set forth in Section 18.1(b). Unless otherwise agreed in writing by the parties and subject
to Section 10 below, any improvements, alterations and renovations to the Premises by Tenant
pursuant to this Section shall remain on the Premises upon the expiration or earlier termination of
this Lease.
10. Trade Fixtures; Personal Property: Tenant, at its sole cost and expense, shall
have the right, without Owner’s or Landlord’s consent, but shall not be obligated during the Term 27
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of this Lease to install, use, replace, substitute and remove Tenant’s trade fixtures and personal
property such as, without limitation, telephone, computer and other equipment (including, without
limitation, all cameras, card readers and security system apparatus and similar items), teaching
stations, instructional equipment, and office furniture. Upon the expiration of the Term of this
Lease or the earlier termination of this Lease, Tenant, at its expense, shall remove from the
Premises any Tenant Improvement Work that Owner or Landlord requires be removed and all of
Tenant’s trade fixtures and personal property and Tenant shall repair (at Tenant’s expense and to
Owner’s and Landlord’s reasonable satisfaction) any damage to the Premises resulting from either
or both of such installation and removal. Any other items of Tenant’s trade fixtures and personal
property that remain in the Premises after the expiration of the Term of the Lease or the termination
of this Lease may, at the option of Owner or Landlord, be deemed to have been abandoned, and in
such case, such items may be retained by Owner or Landlord as its property or be disposed of by
Owner or Landlord at Tenant’s expense, in Owner’s or Landlord’s sole and absolute discretion
and without liability to Tenant (provided, however. that notwithstanding the foregoing, in the event
that the Lease is terminated by Landlord pursuant to Section 16, Tenant shall be allowed thirty
(30) days after termination to remove such items and they shall not be deemed abandoned if
removed before the end of such (30) day period)
11. Maintenance and Repairs by Landlord:
11.1 General Requirements: Except as provided in Section 12, Owner and
Landlord, at its sole cost and expense, shall perform during the Term of this Lease all necessary
maintenance and repairs with respect to all of the following portions of the Premises in accordance
with the standards set forth in Section 18.1(a).
(a) The structure and the exterior of Owner’s and Landlord’s building
in which the interior portions of the Premises shall be located, including, without limitation,
the roof and roof membranes, exterior walls including windows and doors, floors,
foundations, supports, skylights and roof vents, drains, and downspouts unless damage to
the same is caused by Tenant, its employees, agent and invitees;
(b) Repairs (including routine maintenance) and replacement of the
mechanical and utility systems situated on or serving the Premises, including, without
limitation heating, ventilating, air conditioning, lighting, electrical, plumbing, gas, water
supply, sanitary sewers and septic systems, storm sewers and storm water drainage
systems, sprinkler systems, and communications lines (sometimes collectively referred to
herein as the “Mechanical and Utility Systems”); and
(c) All common area maintenance, including landscaping,
snowplowing and periodic repaving and any patching and pothole maintenance of the yard,
parking, drive and other hardsurfaced areas comprising a portion of the library property
of which the Premises is a part, together with curbs and walkways.
11.2 Timely Performance: In the event of an emergency (defined as any
condition other than damage or destruction described in Section 14 which impairs Tenant’s ability
to use and occupy the Premises for the conduct of its business operations) and Owner’s and
Landlord’s failure to perform promptly any of Owner’s and Landlord’s maintenance and repair
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obligations as described in Section 11.1 or in the event of no emergency and Owner’s and
Landlord’s failure to perform such maintenance and repair obligations within five (5) days (or such
longer period as is reasonably necessary) after Tenant’s delivery to Owner and Landlord of notice
of the need for any such maintenance or repairs, then Tenant shall have the right, upon delivery of
three (3) business days’ notice to Owner and Landlord (except in the case of an emergency, in
which case no notice to Owner and Landlord shall be required), to perform all or part of such
maintenance and repairs, at the sole cost and expense of Owner and Landlord, and Owner and
Landlord shall reimburse Tenant for such costs and expenses within thirty (30) days after Tenant’s
delivery to Owner and Landlord of an invoice therefor.
12. Maintenance and Repair by Tenant / Care of Premises by Tenant: Tenant, at
its sole cost and expense, during the Term of this Lease shall perform any maintenance and repairs
to the Premises caused by actions of Tenant or its employees, invitees, students, and licensees,
other than normal wear and tear. If Tenant fails to perform its maintenance and repair obligations
within five (5) days (or such longer period as is reasonably necessary) after Landlord’s delivery to
Tenant of notice of the need for any such maintenance and repairs, then Landlord shall have the
right, upon delivery of three (3) business days’ notice to Tenant, to perform all or part of such
maintenance and repairs, at the sole cost and expense of Tenant, and Tenant shall reimburse
Landlord for such costs and expenses within thirty (30) days after Landlord’s delivery to Tenant
of an invoice therefor. Tenant agrees to take all reasonable and proper care of the Premises and to
use all proper means to preserve the Premises in its condition on the Tenant Possession Date,
normal wear and tear excluded. Tenant further agrees to observe such reasonable rules and
regulations established by Landlord intended to result in the normal and proper care of the
Premises. Landlord shall provide custodial and maintenance services necessary to maintain the
cleanliness and operational integrity of the Premises and Landlord shall remove all trash and waste
and dispose of the same in Landlord’s normal rubbish disposal system. Tenant shall be responsible
for the removal of any waste material which it deems confidential or shall shred or make such
confidential material suitable for disposal through Landlord’s normal disposal system.
13. Insurance:
13.1 Casualty Insurance: At all times during the Term of this Lease, Owner
and/or Landlord, at its sole cost and expense, shall cause the Premises to be fully and adequately
insured with a customary policy of fire and extended coverage insurance (including flooding,
vandalism, malicious mischief and special extended perils or all-risk) as provided for in Section
1.8(b) above.
13.2 Tenant’s Liability Insurance: At all times during the Term of this Lease,
Tenant, at its sole cost and expense, shall maintain (i) Workers’ Compensation and Employer’s
Liability insurance; and (ii) commercial general liability insurance for bodily injury to, or personal
injury to, or death of any person, or more than one (1) person, or for damage to personal property
as provided for in Section 1.8(b) above. Such insurance shall be on an occurrence basis. Such
insurance shall contain an endorsement, reasonably approved by Owner and Landlord, naming
Owner and Landlord, their agents, employees and lender as additional insureds, as their interest
may appear with regard to the Premises.
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Tenant’s insurance required herein shall provide that it is not subject to cancellation
or nonrenewal except after giving at least thirty (30) days prior written notice to Owner and
Landlord. Certificates evidencing Tenant’s insurance policies (satisfactory to Owner and
Landlord), shall be deposited with Owner and Landlord prior to Tenant’s possession of the
Premises and renewals of such policies shall be deposited with Owner and Landlord not less than
thirty (30) days prior to the end of the then expiring term of such coverage. Tenant shall not do or
permit to be done anything on the Premises that invalidates the required insurance policies.
Tenant shall bear the risk of any and all damage to Tenant’s personal property,
including but not limited to, the contents, trade fixtures, equipment, furniture and furnishings it
places in the Premises. Tenant agrees that Landlord shall have no liability with respect thereto.
14. Damage or Destruction:
14.1 Repair and Restoration: In the event that the Premises shall be damaged
or destroyed by fire, explosion or other casualty, or by any risk required to be insured against
pursuant to Section 13.1 or at law, Tenant promptly shall deliver to Owner and Landlord notice
thereof. Unless terminated pursuant to Section 14.2, this Lease shall remain in full force and effect,
and Owner and/or Landlord, at its/their sole cost and expense, but with the right to use insurance
proceeds to the extent of Owner’s and/or Landlord’s interest therein, shall exercise good faith and
diligent efforts promptly to repair the damage or destruction and restore the Premises to
substantially that condition existing immediately prior to such damage or destruction. If Tenant
remains in occupancy of the Premises, Owner and/or Landlord shall exercise such repair and
restoration efforts in a manner so as not to interfere unreasonably with the use and occupancy of
the Premises by Tenant for the conduct of its business operations. Until the completion of Owner’s
and/or Landlord’s repair and restoration pursuant to this Section, Tenant’s obligation to pay Rent
and other amounts payable by Tenant hereunder shall be abated as of the date of the damage or
destruction in proportion to the extent that the Premises for the use and occupancy thereof by
Tenant for the conduct of its business operations shall be reduced.
14.2 Rights of Termination: Owner’s, Landlord’s and Tenant’s respective
rights to terminate this Lease upon the occurrence of certain damage or destruction shall be
governed as follows:
(a) If the Premises shall be damaged or destroyed to the extent of more
than sixty percent (60%) of the full replacement cost thereof, then either Owner, Landlord,
or Tenant may elect to terminate this Lease by delivery of notice to the other parties within
thirty (30) days after the date Owner, Landlord or Tenant first learned of such damage or
destruction; or
(b) If repair and restoration of any such damage or destruction cannot
reasonably be completed within one hundred twenty (120) days after the date of notice to
the Owner and Landlord of the damage or destruction, then Tenant may elect to terminate
this Lease by delivery of notice to Owner and Landlord within thirty (30) days after the
date of such damage or destruction; and
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(c) Upon delivery of any notice pursuant to Section 14.2(a) or 14.2(b),
and the payment or assignment to Owner and/or Landlord of insurance proceeds to the
extent of Owner’s and/or Landlord’s interest therein, this Lease shall terminate as of the
date of the damage or destruction unless otherwise provided in such notice, and Tenant
shall have no further liabilities or obligations hereunder other than to pay Rent accrued
hereunder as of the date of such termination.
15. INTENTIONALLY LEFT BLANK
16. Default; Remedies:
16.1 Tenant’s Default: The following events shall be deemed to be events of
default by Tenant under this Lease:
(a) Tenant shall fail to pay any installment of the rent herein reserved
when due, or any other payment or reimbursement to Landlord required herein when due,
and such failure shall continue for a period of ten (10) days from the date such payment
was due following notice thereof by Landlord to Tenant.
(b) Tenant shall become insolvent, or shall make a transfer in fraud of
creditors, or shall make an assignment for the benefit of creditors.
(c) Tenant shall file a petition under any section or chapter of the United
States Bankruptcy Code, as amended, or under any similar law or statute of the United
States or any state thereof; or an order for relief shall be entered against Tenant in any
proceedings filed against Tenant thereunder.
(d) A receiver or trustee shall be appointed for all or substantially all of
the assets of Tenant.
(e) Tenant shall fail to discharge any lien placed upon the Premises in
violation of Section 39 hereof within thirty (30) days after any such lien or encumbrance
is filed against the Premises.
(f) Tenant shall fail to comply with any term, provision or covenant of
this Lease (other than the foregoing in this Section 16.1) and shall not cure such failure
within thirty (30) days after written notice thereof by Landlord to Tenant or if the
performance and/or compliance cannot be reasonably had within the thirty (30) day period,
Tenant does not in good faith commence performance and/or compliance within the thirty
(30) day period and does not diligently proceed to completion of performance and/or
compliance.
16.2 Landlord’s Remedies:
(a) Upon the occurrence of any such events of default described in
Section 16.1 hereof, Landlord shall have the option to pursue any one or more of the
following remedies:
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(i) Terminate this Lease, in which event Tenant shall
immediately surrender the Premises to Landlord and if Tenant fails so to do,
Landlord may without prejudice to any other remedy which it may have for
possession or arrearage in rent, enter upon and take possession of the Premises and
expel or remove Tenant and any other person who may be occupying such Premises
or any party thereof without being liable for prosecution or any claim for damages
therefor.
(ii) Enter upon and take possession of the Premises as permitted
under law and expel or remove Tenant and any other person who may be occupying
such Premises or any part hereof without being liable for prosecution or any claim
for damages therefor and relet the Premises and receive the rent therefor, provided
that such expulsion or removal is pursuant to law, all without terminating the Lease.
(iii) Alter all locks and other security devices at the Premises
without terminating this Lease.
(b) Exercise by Landlord of any one or more remedies hereunder
granted or otherwise available shall not be deemed to be an acceptance of surrender of the
Premises by Tenant, whether by agreement or by operation of law, it being understood that
such surrender can be effected only by the written agreement of Landlord and Tenant. No
such alteration of locks or other security devices and no removal or other exercise of
dominion by Landlord over the property of Tenant or others at the Premises shall be
deemed to constitute a conversion; provided, however, that Landlord shall allow Tenant
reasonable access to and the right to remove from the Premises property of Tenant or others
at the Premises. All claims for damages by reason of such re-entry and/or repossession
and/or alteration of locks or other security devices are hereby waived (with the exception
of claims based on intentional damage or destruction), as are all claims for damages by
reason of any distress warrant, forcible detainer proceedings, attachment proceedings or
other legal process. Tenant agrees that any re-entry by Landlord may be pursuant to
judgment obtained in forcible detainer proceedings or other legal proceedings or without
the necessity for any legal proceedings, as Landlord may elect, and Landlord shall not be
liable in trespass or otherwise.
(c) In the event Landlord elects to terminate the Lease by reason of any
Event of Default, then notwithstanding such termination, at Landlord’s option, and in
addition to other remedies hereunder, Landlord may demand and Tenant shall pay to
Landlord, at the address specified for notice to Landlord herein, the sum of all rental and
other indebtedness accrued to date of such termination, plus, as damages, an amount equal
to the then present value (calculated based upon the federal discount rate of interest charged
on loans to depository institutions by the New York Federal Reserve Bank at the time of
termination or, if unavailable, an equivalent index or rate reasonably selected by Landlord)
of the total rental hereunder for the remaining portion of the Lease Term less the then fair
rental value of the Premises for the remaining portion of the Lease Term which shall be
rebuttably presumed to be the value determined by Landlord in its discretion and submitted
by Landlord to Tenant in writing, and the payment of such sums shall satisfy Tenant’s
rental obligations hereunder.
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(d) In the event that Landlord elects to repossess the Premises without
terminating the Lease, then Tenant shall be liable for and shall pay to Landlord, at the
address specified for notice to Landlord herein, all rental and other indebtedness accrued
to the date of such repossession, plus rental required to be paid by Tenant to Landlord
during the remainder of the Term of this Lease until the date of expiration of the Term of
this Lease, diminished by any net sums thereafter received by Landlord through reletting
the Premises during said period (after deducting expenses incurred by Landlord as provided
in Section 16.2(e) herein) provided, however, that in no event shall the rental required to
be paid by Tenant to Landlord for the remainder of the Term of this Lease following the
date of repossession exceed the amount of six (6) months’ rent computed at the rental rate
in effect as of the date of the repossession. In no event shall Tenant be entitled to any excess
of any monthly rental obtained by reletting over and above the monthly rental herein
reserved. Actions to collect amounts due by Tenant to Landlord under this subparagraph
may be brought from time to time, on one or more occasions, without the necessity of
Landlord waiting until expiration of the Term of this Lease.
(e) In case of any Event of Default, Tenant shall also be liable for and
shall pay to Landlord, at the address specified for notice to Landlord herein, in addition to
any sum provided to be paid above, the costs of removing and storing Tenant’s or other
occupant’s property; the reasonable costs of repairing the Premises (other than structural
elements) and performing any maintenance obligations Tenant is obligated to perform
hereunder and has not performed; and all expenses incurred by Landlord in enforcing or
defending Landlord’s rights and/or remedies including actual attorneys’ fees, whether suit
is actually filed or not.
(f) If Tenant should fail to make any payment or cure any default
hereunder within the time herein permitted, Landlord, without being under any obligation
to do so and without thereby waiving such default, may make such payment and/or remedy
such other default for the account of Tenant (and enter the Premises for such purpose), and
thereupon Tenant shall be obligated to, and hereby agrees, to pay Landlord, upon demand,
all costs, expenses and disbursements (including actual attorney’s fees) incurred by
Landlord in taking such remedial action.
17. Owner’s and/or Landlord’s Default and Tenant’s Remedies: Owner or
Landlord shall be in default of this Lease if Owner or Landlord fails to perform any term, condition,
covenant or obligation of this Lease on the part of Owner or Landlord to be performed within thirty
(30) days after the date on which Owner or Landlord receives from Tenant notice by certified or
registered mail specifically describing such failure. Tenant may, but shall not be obligated to, cure
such default by Owner or Landlord on behalf of, and at the sole cost and expense of Owner or
Landlord, and Owner or Landlord shall reimburse Tenant for all costs and expenses incurred by
Tenant in curing such default (including actual attorney’s fees incurred by Tenant in connection
with such default) within thirty (30) days after Tenant’s delivery to Owner or Landlord of an
invoice therefor, failing which Tenant may offset such costs and expenses against any Rent and
other amounts payable by Tenant hereunder.
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18. Warranties and Representations:
18.1 Compliance with Laws:
(a) Owner and Landlord covenant for the benefit of Tenant that the
improvements located within the Premises or within the building housing a portion of the
Premises as well as Owner’s or Landlord’s maintenance and repairs under Section 11.1
shall be done in a good and workmanlike manner and substantially comply with all laws,
ordinances and requirements, including without limitation the procuring of all building and
other permits, licenses, approvals and certificates of occupancy and the observance of
applicable building, zoning and other code requirements, of governmental authorities with
competent jurisdiction, and notwithstanding any other provision of this Lease to the
contrary, if any improvements, alterations or renovations to the Premises shall be required
by any law, ordinance or requirement of any governmental authority with competent
jurisdiction, then Owner or Landlord, at its sole cost and expense, shall perform such
improvements, alterations or renovations in a timely manner; provided, however, no
alleged violation by Owner or Landlord of any such law, ordinance or requirement shall be
deemed to constitute an Owner or Landlord default, so long as Owner or Landlord shall
contest, in good faith, the validity of such law, ordinance or requirement or the existence
of the alleged violation thereof.
(b) Tenant covenants for the benefit of Owner and Landlord that
Tenant’s Improvement Work, its maintenance and repairs and its use and occupancy of the
Premises for the conduct of its business operations shall substantially comply with all
applicable laws, ordinances and requirements of governmental authorities with competent
jurisdiction; provided, however, that: (i) no alleged violation by Tenant of any such law,
ordinance or requirement shall be deemed to constitute a Tenant Default so long as Tenant
shall contest, in good faith, the validity of such law, ordinance or requirement or the
existence of the alleged violation thereof; and (ii) Tenant shall not be obligated to incur
costs or expenses for improvements, alterations or renovations to the Premises required at
any time or from time to time by any applicable law, ordinance or requirement of a
governmental authority with competent jurisdiction, unless such improvements,
alterations, or renovations specifically relate to Tenant’s Improvement Work.
(c) Warranty of Title / Owner: Owner covenants for the benefit of
Tenant that Owner has fee simple title to the Premises and has full authority to enter into
and consent to this Lease and to perform all of its obligations under this Lease; and Owner
further covenants that as of the Lease Commencement Date (as extended hereunder from
time to time), no third party other than the Landlord has any right, title or interest adverse
to Tenant’s right, title and interest hereunder in or to the Premises and no other lien or
restriction encumbers the Premises.
(d) Warranty of Title / Landlord: Landlord covenants for the benefit
of Tenant that Owner and/or Landlord has the primary leasehold interest in the Premises
and has full authority to enter into this Lease and to perform all of its obligations under this
Lease; and Landlord further covenants that as of the Lease Commencement Date (as
extended hereunder from time to time), no third party has any right, title or interest adverse
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to Tenant’s right, title and interest hereunder in or to the Premises and no other lien or
restriction encumbers the Premises.
18.2 Fuel Tanks: Owner and Landlord represent and warrant that the Premises
does not presently contain any underground or aboveground fuel storage tanks and related piping,
venting and dispensing systems (collectively, “Fuel Tanks”).
18.3 Hazardous and Toxic Conditions:
(a) To the best of Owner’s and Landlord’s knowledge, Owner and
Landlord represent for the benefit of Tenant that the Premises does not now, and at the
Tenant Possession Date will not, contain any material classified as toxic or hazardous under
applicable federal, state and local laws, ordinances and requirements of governmental
authorities with competent jurisdiction (collectively, a “Hazardous Substance”).
(b) Tenant agrees that, except for de minimis amounts of Hazardous
Substances brought onto the Premises by Tenant’s employees in the form of fluid for
cigarette lighters and other personal items, it shall not bring Hazardous Substances onto
the Premises nor allow Tenant’s employees or invitees to bring Hazardous Substances onto
the Premises, except for medical waste that would be generated by medical education and
training activities offered by Tenant as part of its educational programs, provided the waste
is handled, stored, and disposed of in accordance with institutional safety procedures that
comply with all local, state, and federal regulations. Also exempted are any hazardous
materials used in community education programs; such materials will not exceed quantities
reasonably necessary to support program needs and will be used only by students under
supervision of qualified instructors employed or approved by Tenant; such materials will
be used, handled, stored, and disposed of in accordance with institutional safety procedures
that comply with all local, state, and federal regulations. Tenant agrees to indemnify Owner
and Landlord pursuant to the provisions of Section 20 hereof against any Losses incurred
by Owner or Landlord arising out of any Hazardous Substance created by Tenant on the
Premises or out of any Hazardous Substances brought onto the Premises by Tenant, its
employees or invitees.
19. Landlord’s Right of Entry: Following reasonable notice to Tenant, Landlord may
enter upon the Premises as often as Landlord reasonably may deem necessary for the purposes of
performing such maintenance and repairs as Landlord reasonably may deem necessary or lawfully
may be required to perform, inspecting the Premises, or offering the Premises for lease (but only
during the period which commences six (6) months prior to the expiration of the then existing
Primary Term or Extension Term in the event that Tenant shall not have elected further to extend
the Term of this Lease). Landlord’s right of entry shall be exercised in a manner and during
reasonable hours at times such that there shall be no unreasonable or material interference with the
use and occupancy of the Premises by Tenant for the conduct of its business operations.
20. INTENTIONALLY LEFT BLANK
21. Transfers / Assignment and Subletting. Except as provided in this Section,
Tenant shall not assign this Lease nor sublet all or any portion of the Premises, without the consent
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of Owner, which consent shall be in the Owner’s sole discretion. Absent the written agreement of
Owner, no assignment of this Lease or subletting of all or any portion of the Premises shall relieve
Tenant of any of the terms, conditions, covenants and obligations of this Lease on the part of
Tenant to be performed.
22. Holding Over: If Tenant shall continue to occupy the Premises after the expiration
of the Term of this Lease or the earlier termination of this Lease, then Tenant shall be deemed to
be occupying the Premises as a tenant from month-to-month, subject to the terms and conditions
of this Lease; provided, however, that either party shall have the right to terminate such month-to-
month tenancy upon delivery of thirty (30) days’ notice to the other and, during the holding over
period the rent shall be an amount equal to 105% of the rent charged in the last full month before
expiration of the term of this Lease or earlier termination of the Lease.
23. Quiet Enjoyment: Owner and Landlord covenant and agree that Tenant shall have
the peaceful and quiet possession and enjoyment of the Premises (subject to all mortgages and
other matters to which this Lease, is or shall become, subordinate in accordance with the provisions
of Section 24) for the conduct of its business operations during the Term of this Lease, without
hindrance by Owner or Landlord or any party whatsoever.
24. INTENTIONALLY LEFT BLANK
25. Surrender of Premises: Upon the expiration of the Term of this Lease or the
earlier termination of this Lease, Tenant shall deliver up and surrender the Premises to Landlord
in as good order and condition as upon the Tenant Possession Date, subject to Tenant’s
improvements, alterations and renovations to the Premises, including without limitation Tenant’s
Improvement Work, normal wear and tear, damage by fire, explosion or other casualty, repairs
and restoration for which Tenant shall not be responsible hereunder and Tenant’s removal of its
trade fixtures and personal property.
26. Notices; Computation of Time: For the purposes of payments of Rent and all other
notices and communications between the parties, the addresses of Owner, Landlord and Tenant
shall be at the addresses shown in Sections 1.1, 1.2 and 1.3, respectively.
Any notices and other communications to be delivered by any party to another party pursuant to
this Lease shall be in writing and shall be deemed delivered as follows, except as otherwise
specifically provided in this Lease: (a) when hand delivered; (b) one (1) business day after sending
by Federal Express or other overnight courier service; (c) three (3) business days after deposit (or,
in the case of any notices sent by Tenant to Landlord for the purpose of exercising rights and
options to extend the Primary Term or any Extension Term or to lease any additional portion of
the Premises, upon deposit) in the United States mail by registered or certified mail, postage
prepaid, return receipt requested, of (d) the same day as sent by facsimile transmission or e-mail
with confirmation of receipt requested, addressed to the party to be charged with notice at the
above-recited address, the above-recited telecopier number or the above-recited e-mail address or
such other address, telecopier number or e-mail address as any party from time to time may
designate by notice delivered to the other parties; provided, however, that no notice of change of
address or telecopier number shall be deemed given until received by the party to be notified.
Except as otherwise specifically provided herein, in the computation of any period of time which
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shall be required or permitted hereunder or under any law for any notice or other communication
or for the performance of any term, condition, covenant or obligation, the day from which such
period runs shall be excluded and the last day of such period shall be included unless it is a
Saturday, Sunday or legal holiday, in which case the period shall be deemed to run until the end
of the next day which is not a Saturday, Sunday or legal holiday.
27. Entire Agreement; Amendments: This Lease contains the entire agreement
between the parties, and no promise, representation, warranty, covenant, agreement or
understanding not specifically set forth in this Lease shall be binding upon, or inure to the benefit
of, either party. This Lease may not be amended, altered, modified or supplemented in any manner
except by an instrument in writing duly executed by the parties.
28. Governing Law; Interpretation: This Lease shall be construed and enforced in
accordance with the laws of the state in which the Premises shall be located. The fact that this
Lease shall have been prepared by the attorney for either the Owner, Landlord or Tenant shall not
be used to construe or interpret this Lease for or against any party; the parties intend that the
provisions of this Lease shall be given their fair meaning and no court shall construe this Lease
more stringently against one party than against the other.
29. Authority; Binding Effect: Each individual executing this Lease on behalf of any
party represents and warrants that he or she is duly authorized to execute and deliver this Lease on
behalf of such party. The provisions of this Lease shall be binding upon, and shall inure to the
benefit of, the parties and their respective heirs, executors, administrators, personal and legal
representatives, successors and assigns.
30. No Waiver: The failure of Owner, Landlord or Tenant to insist upon strict
performance of any of the terms, conditions, covenants and obligations contained in this Lease
shall not be deemed a waiver of any rights or remedies for any subsequent breach or default in the
terms, conditions, covenants and obligations herein contained.
31. Recording: If Landlord or Tenant requests, the parties shall execute and
acknowledge a short form of lease for recording purposes, which short form of lease shall be
recorded at the expense of the party requesting the same and such party shall pay any documentary
transfer tax or other special tax or assessment associated with, or triggered by, such recording.
32. Signage: Tenant shall be permitted throughout the Term of the Lease to place
identifying materials (i.e., signage, wayfinding, flags, and other similar identifying materials) on
the interior of the Premises. In addition, Tenant shall be permitted to place such identifying
materials within other public areas of the Beloit Public Library (both internal and external) as
Tenant may reasonably request and as may be approved by Landlord. External identifying
materials shall comply with City ordinances. All identifying materials shall comply with the
Landlord’s signage standards for the Library.
33. Incorporation of Exhibits: Each of the attached Exhibits hereby is incorporated
in and made a part of this Lease as if set forth herein. In the event of any conflict between the body
of this Lease and the provisions set forth in the Exhibits, the provisions set forth in the Exhibits
shall be deemed to control.
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34. Section Headings: The Section headings hereof are intended for convenience and
reference purposes only and shall not be used to construe or interpret this Lease.
35. Severability: If any provision of this Lease shall be determined by any court to be
invalid, illegal or unenforceable to any extent, then the remainder of this Lease shall not be
affected, and this Lease shall be construed as if the invalid, illegal or unenforceable provision had
never been contained in this Lease.
36. Transmittal: Submission of this Lease for examination, even though executed by
Owner, Landlord or Tenant, shall not bind the other parties in any manner, and no lease or other
obligation on the part of any party shall arise until this Lease shall be executed and delivered by
the parties, each to the other parties.
37. Additional Actions and Documents: Owner, Landlord and Tenant hereby agree
to exercise their best efforts to obtain, execute, deliver and file, or cause to be obtained, executed,
delivered and filed, as the case may be, such additional documents, instruments and consents as
may be necessary, or as reasonably may be requested by any party, and to take such further action
as may be necessary, or as reasonably may be requested by any party, at the sole cost and expense
of the requesting party, in order fully to effectuate the terms and conditions of this Lease.
38. Counterparts: This Lease may be executed in two (2) or more counterparts, each
of which shall be deemed to be an original, but all of which together shall constitute one and the
same instrument.
39. Mechanic’s Liens: Tenant shall have no authority, express or implied, to create or
place any lien or encumbrance of any kind or nature whatsoever upon, or in any manner to bind
the interest of Owner or Landlord in the Premises or to set off the rentals payable hereunder against
any claim in favor of any person dealing with Tenant, including those who may furnish materials
or perform labor for any construction or repairs. Tenant covenants and agrees that it will pay or
cause to be paid all sums legally due and payable by it on account of any labor performed or
materials furnished in connection with work performed by Tenant on the Premises (Tenant is not
responsible or liable for sums which represent an obligation of Owner or Landlord under this
Lease) on which any lien is or can be validly and legally asserted against the Premises or the
improvements thereon. Tenant will save and hold Owner and Landlord harmless from any and all
loss, cost or expenses based on or arising out of asserted claims or liens against the leasehold estate
or against the right, title and interest of the Owner or Landlord in the Premises or under the terms
of this Lease, if such asserted claims or liens are a result from, through or under Tenant (including,
without limitation, Tenant’s performance of Tenant’s Improvement Work or Tenant’s performance
of its obligations under this Lease), and in such event, Tenant agrees to give Owner and Landlord
immediate written notice of the placing of any lien or encumbrance against the Premises.
40. Use of Premises / Access to Premises: Tenant shall have the right to access and
use the Premises during normal operating hours of the Beloit Public Library, which hours of
operation are as follows as of the date of this Lease: 9:30 a.m. through 9:00 p.m. on Monday
through Thursday and 9:30 a.m. through 5:30 p.m. on Friday and Saturday (except public holidays
as defined in the library board-approved holiday schedule). If such hours of operation are changed
during the term of this Lease and such change materially impacts the ability of Tenant to provide
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its planned instructional services on the Premises, Tenant shall have the right to terminate this
Lease upon not less than thirty (30) days advance written notice to Owner and Landlord.
41. Priority Scheduling: As noted in Section 2 above, Tenant shall have priority rights
for scheduling the use of those areas of the Premises designated as the Classrooms and the
Library’s Community Classroom on the Site Plan. For purposes of this Lease, “priority rights for
scheduling” shall mean that nothing shall be scheduled by Owner or Landlord in the Classrooms
and Library’s Community Classroom prior to May 1 of each year for the periods covered by
Tenant’s Summer and Fall Semesters for such year and prior to December 1 of each year for the
period covered by Tenant’s Spring Semester for the following year. The parties acknowledge that
the purpose of the Tenant’s priority right for scheduling is to ensure that Tenant’s instructional
needs are scheduled first. On and after May 1 of each year, Owner or Landlord may schedule
events in the Classrooms and Library’s Community Classroom for any periods during the Tenant’s
Summer and Fall Semesters for such year that are not scheduled by Tenant for its use and, on and
after December 1 of each year, Owner or Landlord may schedule events in the Classrooms and
Library’s Community Classroom for any periods during the Tenant’s Spring Semester for the
following year that are not scheduled by Tenant for its use. In no event shall Tenant’s use of the
Library’s Community Classroom during Tenant’s Summer, Fall and Spring Semesters exceed
eight (8) hours per week.
42. Tenant Technology: Tenant and its students shall have the right to access Library
technology resources including internet and wifi connectivity during normal operating hours of
the Beloit Public Library. Tenant may, at any time and at its own cost, install and maintain a
dedicated internet service to support its business needs.
43. Use of Tenant’s Instructional Equipment: Landlord shall have the right to use
the instructional equipment installed or located in the Classrooms and Library’s Community
Classroom by Tenant with such use limited to such periods of time when the Classrooms and
Library’s Community Classroom are not scheduled for Tenant’s use. Landlord shall be
responsible for the care, custody and control of the instructional equipment during such periods of
time when the Classrooms and Library’s Community Classroom are not scheduled for Tenant’s
use and shall ensure that the instructional equipment is maintained in good working order for
Tenant’s use. Landlord shall notify Tenant immediately of any equipment failure and Tenant shall
be responsible for the repair or replacement of Tenant’s equipment.
[SEE FOLLOWING PAGE FOR SIGNATURES]
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IN WITNESS WHEREOF, the parties have caused this Lease to be duly executed
by each of their respective authorized representatives as of the day and year first above written.
OWNER:
CITY OF BELOIT
By:
Lori S. Curtis Luther, City Manager
ATTEST:
By:
Lorena Rae Stottler, City Clerk-Treasurer
APPROVED AS TO FORM AND EXECUTION:
Elizabeth A. Krueger, City Attorney
LANDLORD:
BELOIT PUBLIC LIBRARY
By:
Its:
TENANT:
BLACKHAWK TECHNICAL COLLEGE
By:
Its:
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STATE OF WISCONSIN )
: ss.
COUNTY OF ROCK )
Before me, a Notary Public in and for said County and State, personally appeared the
above-named Lori S. Curtis Luther and Lorena Rae Stottler, in their capacities as the City Manager
and City Clerk-Treasurer, respectively, of the City of Beloit, who acknowledged that they did sign
the foregoing instrument on behalf of the City of Beloit, and their free act and deed as such officers.
IN WITNESS WHEREOF, I hereunto have set my hand and seal at __________________,
Wisconsin, this ______ day of ____________________, 2020.
Notary Public, State of Wisconsin
My commission expires:
STATE OF WISCONSIN )
: ss.
COUNTY OF ROCK )
Before me, a Notary Public in and for said County and State, personally appeared the
above-named _____________________________________________, in his/her capacity as the
_______________________________ of the Beloit Public Library, who acknowledged that
he/she did sign the foregoing instrument on behalf of the Beloit Public Library, and his/her free
act and deed as such officer.
IN WITNESS WHEREOF, I hereunto have set my hand and seal at __________________,
Wisconsin, this ______ day of ____________________, 2020.
Notary Public, State of Wisconsin
My commission expires:
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STATE OF WISCONSIN )
: ss.
COUNTY OF ROCK )
Before me, a Notary Public in and for said County and State, personally appeared the
above-named _____________________________________________, in his/her capacity as the
_______________________________ of the Blackhawk Technical College, who acknowledged
that he/she did sign the foregoing instrument on behalf of the Blackhawk Technical College, and
his/her free act and deed as such officer.
IN WITNESS WHEREOF, I hereunto have set my hand and seal at __________________,
Wisconsin, this ______ day of ____________________, 2020.
Notary Public, State of Wisconsin
My commission expires:
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EXHIBIT “A”
Site Plan
(See Attached)
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EXHIBIT “B”
Leasehold Improvement Work
(See Attached)
Tenant – Phase One Base Bid
Landlord – Phase One Alternate #1 and #2
44
AY Project Number
REGULATORY DATA:
REGISTRATION STAMP
SHEET INDEX:
PROJECT TEAM
Due to electronic distribution, this drawing may not be printed to the scale indicated on the drawings. Do NOT use scale to determine dimensions or sizes.
No part of this drawing may be used or reproduced in any form or by any means, or stored in a database or retrieval system, without prior written permission of.
ANGUS - YOUNG ASSOCIATES, INC. Copyright © 2019 All Rights Reserved
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BELOIT TECHNICAL COLLEGE NEW CLASSROOMSBELOIT PUBLIC LIBRARY
56973605 ECLIPSE BLVD.,BELOIT, WI 53511
BELOIT TECHNICAL COLLEGE NEW CLASSROOMS
ISSUANCES / REVISIONS
NO: DESCRIPTION: DATE:
CommunityClassroom
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