Northeast Community School District May 20, 2020 Northeast Elementary Library Regular Board of Education Meeting 6:00 P.M. To attend via Zoom: https://zoom.us/join Meeting ID: 823 6764 3869 To attend via phone: 13126266799,,82367643869# A. Opening of Meeting Call to Order Communications Recognition of Visitors Public Forum B. Consent Agenda Items Approve Bills Outstanding Recapitulation/Finance Summary Approve Minutes of Previous Meeting Nurse Report Transportation Report Open Enrollments C. Information and Discussion Items (Non-Action Items) Administrative Reports Revenue Purpose Statement Voted PPEL 2020-2021 Calendar Changes
Transcript
Northeast Community School District May 20, 2020
Northeast Elementary Library Regular Board of Education Meeting 6:00 P.M.
To attend via Zoom: https://zoom.us/join Meeting ID: 823 6764 3869
To attend via phone: 13126266799,,82367643869#
A. Opening of Meeting
Call to Order Communications
Recognition of Visitors Public Forum
B. Consent Agenda Items Approve Bills Outstanding Recapitulation/Finance Summary Approve Minutes of Previous Meeting Nurse Report Transportation Report Open Enrollments
C. Information and Discussion Items (Non-Action Items) Administrative Reports Revenue Purpose Statement Voted PPEL 2020-2021 Calendar Changes
D. Action Items Consider Approving Personnel Report Consider Approving the 2020-2021 Fee Schedule Consider Approving the Two Year Contract Renewal with Nutrislice Consider Approving the Shared ELL Personnel Agreement Renewal
with Central DeWitt CSD, Camanche CSD and Northeast CSD Consider Approving Shared College and Career Counselor Agreement
with Camanche CSD and Eastern Iowa Community College Consider Approving Proposal from Lectronics Inc Consider Approving Land Lease Proposal with Brian Fallesen Consider Approving the Negotiated Agreement with the Northeast Education Association for the 2020-2021 School Year Consider Approving Salary Increases for the Support Staff and
Administration for the 2020-2021 School Year
E. Consider Setting Date, Time and Place of the June Board of
Education Meeting F. Announcements and Opportunities G. Adjournment
B. Consent Agenda Items
Student Local Option Debt
General Activity Management Sales Tax PPEL Service Sinking Nutrition
Fund 10 Fund 21 Fund 22 Fund 33 Fund 36 Fund 40 Fund 41 Fund 61
PRIOR YEAR -- APRIL 2019 1,208,525.55$ 114,076.02$ 150,313.25$ 188,825.03$ 94,610.22$ 444,309.05$ 1,841,742.30$ 234,923.20$
NORTHEAST COMMUNITY SCHOOL DISTRICT
CASH BALANCE BY FUND
April 30, 2020
Northeast Community School District Board Meeting Minutes April 22, 2020 Meeting held via Zoom: https://Zoom.us/join Meeting ID: 998-2455-2550 Board President Rich Krogmann called the regular meeting to order at 6:00 P.M. Present via Zoom were Directors Shawn Rathje, Mary Smith, Andy Friedrichsen, Superintendent Gray and administrators Jennifer Huling, Jered Birt, Troy Hansen, and Leigh McEwen. Board Secretary Marx was present at the Elementary building The following visitors recognized themselves – Jeremy Herringa and Shalyn Mueller The following elementary teachers presented what they have been doing for online student learning – Ashley Kreinkbrink, Melissa Heald and Jamie Ploog. The board expressed their praise and appreciation for the amazing transition teachers have made in the last week. Moved by Andy Friedrichsen, Jeni Grantz to approve the consent agenda, which included approving bills outstanding, recapitulation/finance summary, nurse report, minutes from March 16th, 18th and April 8th. Motion carried 5-0.
Information and Discussion Items—
Elementary Principal McEwen updated the board on the Google classroom training teachers and associates have been taking and student pickup of Chromebooks.
Activities Director Hansen reported that over 100 events have been missed by students during this closure including athletic and fine art events.
Principal Huling celebrated the work of staff but also the sadness of students, especially seniors, due to the missed events.
Associate Principal Birt also celebrated the very nice work of staff and the attendance of students.
Superintendent Gray have a report on the lunch reimbursement status and there was a discussion on the ability of starting school prior to August 24th for the 2020-2021 school year. Action Items--
Moved by Mary Smith, Andy Friedrichsen to approve the personnel report as follows:
Recommendation to approve the resignation of Wes Jackson as Assistant Girls Basketball Coach effective immediately..
Recommendation to approve the resignation of Eileen Petersen as an Associate
effective April 17th.
Recommendation to approve the resignation of Holly Hoelting as High School Science Teacher effective at the end of the 2019-2020 school year.
Recommendation to approve the appointment of Douglas Spahn as Strategist II Teacher for the 2020-2021 school year. He will be paid $58,563.51 which is MA Step 25 on the 2019-2020 Salary Schedule.
Recommendation to approve the appointment of Douglas Spahn as Assistant High School Football Coach for the 2020-2021 school year. He will be paid $3,020.11
which is 11% of the Schedule B Base of $27,455.58
Recommendation to approve the appointment of Jeremy Heeringa as Secondary Associate Principal for the 2020-2021 school year. His annual salary will be $70,000.
Recommendation to approve the appointment of Shalyn Mueller as Social Worker shared with Camanche CSD for the 2020-2021 school year. She will be paid $53,000
with a 195 day contract.
Recommendation to approve the appointment of Megan Crockett as Assistant High School Softball Coach (pending if/when the 2020 summer sports season commences). She will be paid $2,745.56 which is 10% of the Schedule B Base of $27,455.58. Motion carried 5-0.
Moved by Shawn Rathje, Mary Smtih to approve paying hourly employees their letter of
assignment hours through May 22nd, unless/until the Superintendent deems is necessary
for any/all hourly employees to return to active service to perform essential duties as
required. Motion carried 5-0.
Moved by Jeni Grantz, Mary Smith to approve the Home School Assistance Program
Agreement. Motion carried 5-0.
Moved by Shawn Rathje, Jeni Grantz to approve the AEA Purchasing Agreement.
Motion carried 5-0.
Moved by Jeni Grantz, Andy Friedrichsen to approve the Juvenile Court Liaison
Contract. Motion carried 5-0.
Moved by Andy Friedrichsen, Shawn Rathje to approve the 2020 Graduation List.
Motion carried 5-0.
Moved by Shawn Rathje, Jeni Grantz to approve the purchase of one use bus and one
new bus. Motion carried 5-0.
The next Regular Board Meeting was set for Wednesday, May 20th at 6:00 P.M. in the Elementary Library. Moved by Mary Smith, Shawn Rathje to move into Closed Session at 7:10 P.M. Motion carried 5-0. --Consider closed session to discuss the purchase or sale of particular real estate only Where premature disclosure could be reasonably expected to increase the price the governmental body would have to pay for the property or reduce the price the governmental body would receive for that property. Iowa 21.5(1)(j) Roll call: Friedrichsen – aye, Smith – aye, Rathje – aye, Grantz – aye, Krogmann - aye
Moved by Jeni Grantz, Shawn Rathje to adjourn back into open session at 7:22 P.M. Motion carried 5-0.
Richard Krogman Tina Marx Board President Board Secretary
Northeast Community School District Board of Education Special Meeting Minutes April 30, 2020
The Northeast Community School District held a Special Board Meeting by telephone on April 30, 2020.
Board Vice-President Rathje called the meeting to order at 4:30 P.M. Board members present by phone were Andy Friedrichsen, Mary Smith and Jeni Grantz. Present in the Superintendent’s office via phone were Superintendent Gray and Board Secretary Marx. Principal Huling was present via phone also. Moved by Jeni Grantz, Mary Smith to approve the personnel report as follows:
Recommendation to approve the resignation of Kendall Foley as Middle School Teacher and Assistant High School Volleyball Coach effective at the end of the 2019-2020
school year.
Recommendation to approve the resignation of Ahmad Espinoza as High School Alternative Teacher and IT Club Advisor effective at the end of the 2019-2020 school year.
Recommendation to approve the resignation of Eric Anderson as High School Teacher effective at the end of the 2019-2020 school year.
Recommendation to approve the resignation of Laura Horst and Rachel Pasker as Co-Directors of the Musical effective at the end of the 2019-2020 school year.
Recommendation to approve the resignation of Barb Randolph as School Nurse effective at the end of the 2019-2020 school year. Motion carried 4-0.
Meeting adjourned at 4:40 P.M. Board Vice-President Board Secretary Shawn Rathje Tina Marx
School Nurse Report-April 2020
General Information: (No School in session during the month due to Coronavirus-online learning taking place)
Ambulance Calls:
Blood sugar monitoring:
Home visits:
Parent contacts (phone/school regarding illness/injury/health updates): contacts have been made with several students regarding CPR class certifications, summer camps, diabetes updates needed for fall, medications,etc.
Student illness/injury/ + seen in health office:
Student illness letters or parent notifications:
Student mass email reminders to get immunizations completed before fall 2020 were sent to upcoming preschool, K, 7th, and 12th graders.
Preschoolers were also sent the reminder to have the needed physical completed to start classes in the Fall.
Staff injury:
Seizure monitoring:
Headlice:
Nebulizer treatments: _- MS/HS, Elem.
Vision screening:.
Dental:Weekly I-Smiles dental activities have been shared with elem. teachers.
Blood pressure monitoring: _students 2-3x/week__ _staff: upon request
IEP: 1-Health/emergency plan yearly update for fall actual meeting
Health updates:
I have worked in JMC pulling health emergency information forward for each student 2020-21.
Records for upcoming K and preschool are being compiled and immunizations entered.
Online puberty resources were shared with 5th and 6th grades for students and their parents to use at home since the school talks had to be cancelled.
Student Emergency Plans: -Elem - MS/HS
Medicaid claiming information: This will now have to be completed for March when we are able to return to school.
Immunization update:
I have been informed that there will be no extensions granted in the fall for students to have extra time for immunization completion. Emails were sent out to the needed grade levels informing them of this
Each graduating senior will have a copy of their immunization record sent with their other graduation materials. This is many times needed for future jobs and college.
Medications still remaining at school have been bagged up and ready for when students pick up any other belongings.
Other:
Clinton Co. EMS provided us with 72 cloth masks and 9 small bottles of hand sanitizer. A requisition process is now in place.
I have attended several webinars during the month provided by Public Health and NASN regarding COVID-navigating in uncharted waters, return to learn, ways to maintain social distancing, etc.
I have tried to keep administration informed on any updates I receive from public health, county EMS, CDC, daily readings.
Gov. Reynolds updates, etc.
Various articles have also been shared with all the staff-a particular interesting article was shared on how to rephrase questions when talking to students and families. This was also used at the MS/HS level for well check calls home to families.
I attended virtually, the monthly county EMS meeting. Michelle Cullen,RN from public health has been a very valuable resource.
State School Nurses are meeting weekly by ZOOM. It’s interesting to see how everyone across the state is coping and what we can do to get ready for returning in the fall.
Many guidelines are being talked about for dealing with COVID in the fall and maintaining social distancing. I have shared that information with administrators as new things come out or change frequently.
2nd qtr. Drug screenings for bus drivers will have to be done as soon as possible when classes resume.
I put together a document of many of the things that have been my duties as NE school nurse. A hard decision was made, but I submitted my retirement resignation on April 29. The last 39 years at Northeast have been the BEST, Northeast is like a family and has made my nursing career very rewarding. I have been blessed with fantastic staff and students to work with and will miss everyone. Thank you for providing an atmosphere that has always supported health services, while educating our students.
March 6,13,27 2-hour early dismissal1 2 3 4 5 5 5 31.0 18 no school - MLK Day (possible make-up day)8 9 10 11 12 5 5 31.0 FEB
15 16 17 18 19 0 0 0.0 3,10,24 2-hour early dismissal22 23 24 25 26 5 5 31.0 15 no school - Presidents Day (possible make-up day)29 30 31 3 3 19.8 MAR
April 3,10,24 2-hour early dismissal1 2 1 1 6.6 10,11 parent/teacher conferences (3:30-7:30 p.m.)
5 6 7 8 9 5 5 33.0 12 end of 3rd quarter (48 days)12 13 14 15 16 5 5 31.0 15-19 no school - Spring Break19 20 21 22 23 5 5 31.0 APR26 27 28 29 30 5 5 31.0 2 no school - Good Friday
May 5 no school - inst. hrs. from P/T Conf. (possible make-up day)3 4 5 6 7 5 5 31.0 14,21,28 2-hour early dismissal
10 11 12 13 14 5 5 31.0 MAY17 18 19 20 21 5 5 31.0 5,12,19,28* 2-hour early dismissal (*if students' last day of school)24 25 26 27 28 5 5 31.0 23 Commencement31 0 0 0.0 28 end of 4th quarter (49 days), end of 2nd semester (97 days)
June 31 Memorial Day1 2 3 4 1 0 0.0 JUNE
7 8 9 10 11 1 0.0 1 teacher inserviceTOTAL: 185 180 1128 by June 30th: 1 required teacher collaborative 8-hour PD day
If a school day is canceled, the following days will be used as a make-up day: January 18, February 15 and April 5.Any additional canceled days will be made up at the end of the school year.
Recommendation to approve the appointment of Claire Bouchard as Middle School Science/Social Studies Teacher starting the 2020-2021 school year. She will be paid $34,636.00 which is BA Step 2 on the 2020-2021 salary schedule.
Recommendation to approve the appointment of Jessica Hughes as High School Science Teacher starting the 2020-2021 school year. She will be paid $44,294.12 which is BA+24 Step 7 on the 2020-2021 salary schedule.
Recommendation to approve the appointment of Drake Wawro as High School Social Studies Teacher starting the 2020-2021 school year. He will be paid $34,636.00 which is BA Step 2 on the 2020-2021 salary schedule.
Recommendation to approve the appointment of Sarah Erwin as Alternative Classroom Teacher starting the 2020-2021 school year. She will be paid $57,282.62 which is MA+8 Step 16 on the 2020-2021 salary schedule.
Recommendation to approve the appointment of Travis Eversmeyer as Middle School Basketball Coach for the 2020-2021 school year. He will be paid $1,991.89 which is 7% of the 2020-2021 Schedule B base of $28,455.58.
Recommendation to approve the appointment of Sarah Schoel as IT Club Advisor. She will be paid $284.56 which is 1% of the 2020-2021 Schedule B base of $28,455.58.
Recommendation to approve the appointment of Shalyn Mueller as Assistant High School Volleyball Coach. She will be paid $3,130.11 which is 11% of the 2020-2021 Schedule B base of $28,455.58.
Recommendation to approve the appointment of Kris Doss as Musical Director. He will be paid $1,991.89 which is 7% of the 2020-2021 Schedule B Base of $28,455.58
Recommendation to approve the appointment of Damika Ross as Elementary Special Education Associate for the 2020-2021 school year. This replaces a vacated position. Her hourly rate will be $10.42 based upon Step 1, Column C of the 2020-2021 Associate Salary Schedule.
Recommendation to approve the resignation of Mercedes McCloy as Girls Soccer Coach effective at the end of the 2019-2020 school year.
STUDENT FEE SCHEDULE 2019-2020 2020-2021
Instructional Materials Fee $60.00 Preschool Extended Day Program $150.00 per month Student Athletic Pass (Optional Fee) $50.00 Athletic Punch Card - 10 punches (Optional Fee) $40.00 Family Athletic Pass (Optional Fee) $150.00 Yearbook (Optional Fee) $60.00 (increase to $65.00 after October 1st)
This Sales Order is a contract between Northeast Community School District ("Client") and Nutrislice, Inc. (“Nutrislice”) for the purchase of Software, Services, and/or Products described below.
Address: 295 Interlocken Blvd. #100Broomfield, CO 80021US
Address: 1450 370TH AVEGOOSE LAKE, Iowa 52750-9646United States
Term & Dates
Contract Term: 24 MonthsContract Start Date: July 01, 2020 Contract End Date: June 30, 2022
Billing & Cost Summary
Invoice Frequency: AnnuallyPayment Terms: Net 30First Invoice – Amount: $1,083.60First Invoice – Due Date: July 01, 2020 Total Contract Amount1: $2,167.20
Purchase Details
Nutrislice agrees to provide the Software, Services, and/or Products specified in the following table(s), and Client agrees to pay the corresponding prices and fees, as follows:
1Calculated for the entire Contract Term based on current purchases – subject to change with any add-on purchases or addendums.
Nutrislice Menus - Standard (Per Each) 1 $1,083.60 $1,083.60
Annual Total: $1,083.60
Total Recurring Costs for 24-month Contract Term: $2,167.20
Recurring Costs are due Annually, per the payment terms agreed to in this order.
Terms and Conditions
Nutrislice’s agreement to provide the Software, Services, and/or Products purchased hereunder is subject to and conditioned upon Client’s agreement to and compliance with certain terms, conditions, and obligations provided in the following agreement(s), which shall hereby be incorporated into this Sales Order contract by reference (collectively, the “Terms and Conditions”):
• The Nutrislice Software Subscription Agreement, version 3.2, located at the following URL:https://docs.nutrislice.com/Nutrislice-Subscription-Agreement-v3_2.pdf
Electronic copies of the Terms and Conditions can be downloaded at the URL(s) above and are also available upon request. By signing this Sales Order, Client acknowledges that it was able to access and read the above Terms and Conditions and agrees to be bound by the Terms and Conditions as if they were directly set forth in this Sales Order contract.2 The contractual purchase obligations provided in this Sales Order, including the Terms and Conditions and any attachment hereto, shall be effective and binding upon the parties upon execution of this Sales Order, irrespective of its Contract Start Date.
[Signature Page Follows]
2Any future versions or updates to the Terms and Conditions referenced above will NOT become effective without Client’s consent. If a modified copy or version of any Terms and Conditions document referenced above is directly included or attached with this Sales Order, the included or attached version will supersede the version of the same document hosted at any URL indicated above.
By affixing my signature, I hereby do accept and agree to this Sales Order contract, including all Terms and Conditions referenced above, and any attachments, schedules, addendums, or exhibits attached hereto, on behalf of the party named below, and do hereby acknowledge that I have full authority to do so.
For Northeast Community School District:
________________________________Name: Tina MarxTitle: Business Manager
SHARED PERSONNEL AGREEMENT BETWEEN NORTHEAST COMMUNITY SCHOOL DISTRICT, CAMANCHE COMMUNITY SCHOOL DISTRICT,
AND CENTRAL DEWITT COMMUNITY SCHOOL DISTRICT
This Agreement made and entered into the _______ day of _______, 2020, by and between the Northeast Community School District (Northeast), the Camanche Community School District (Camanche), and the Central DeWitt Community School District (Central DeWitt):
WHEREAS, Northeast, Camanche, and Central DeWitt seek a cooperative arrangement to share the services of an ELL teacher; and
WHEREAS, Northeast, Camanche, and Central DeWitt are public school districts organized and existing under laws of the State of Iowa; and
WHEREAS, two or more public school districts may jointly employ and share the services of school personnel pursuant to Iowa Code section 280.15; and
WHEREAS, Northeast, Camanche and Central DeWitt believe that an agreement pursuant to Iowa Code section 280.15 should be entered into with regard to the sharing of an ELL teacher position which agreement will be to their mutual advantage.
NOW, THEREFORE, Northeast’s Board of Directors, Camanche’s Board of Directors, and Central DeWitt’s Board of Directors agree as follows:
1. Michelle Lindquist is an ELL teacher for Northeast. Northeast has issued Michelle an employment contract and shall be deemed the employer for purposes of rights and obligations under Iowa law and for purposes of compliance with federal and state laws relating to employment and employment benefits, subject to contributions by Camanche and Central DeWitt pursuant to this Agreement. The employment arrangement shall be governed by the policies, rules, regulations, and job descriptions of Northeast. The responsibility for the evaluation of Michelle’s performance shall remain with Northeast, pursuant to its established procedures. Northeast’s personnel policies and practices shall apply to and govern Michelle’s conduct and performance. Michelle will participate in Northeast’s professional development.
2. Michelle’s services as an ELL teacher will be shared by Northeast with Camanche and Central DeWitt. The details of Michelle’s assignment between Northeast, Camanche, and Central DeWitt will be determined jointly by the principals of Northeast, Camanche, and Central DeWitt. Michelle’s duties and responsibilities in each school district will be determined and assigned by the superintendent or the superintendent’s designee. It is the intent of Northeast, Camanche, and Central DeWitt that Michelle will provide services as an ELL teacher to Northeast for thirty-three percent (33%) of her contracted time, to Camanche for thirty-three percent (33%) of her contracted time, and to Central DeWitt for thirty-three (33%) of her contracted time.
3. Northeast’s annual cost to employ Michelle (including salary, fringe benefits, and direct employment taxes and mileage) shall be calculated at the end of each semester and thirty-three precent (33%) of this total shall be billed to Camanche and thirty-three percent (33%) of this total shall be billed to Central DeWitt. Camanche and Central DeWitt will provide payment to Northeast of the amounts billed within thirty (30) days of receipt of a bill from Northeast.
4. Northeast, Camanche, and Central DeWitt each agree to indemnify and hold harmless the other from and against and all liability, damages, loss, costs, and reasonable attorney fees which arise out of any claims, suits, actions or other proceedings asserted against the party indemnified based upon any acts or omissions of the indemnifying party.
5. At any time Michelle’s employment with Northeast is terminated, Camanche, and Central DeWitt shall not be obligated to pay any more than the costs set out above, for actual services performed by Michelle.
6. The term of this Agreement shall be for the 2020-21 school year. This Agreement may be renewed pursuant to the mutual agreement of Northeast, Camamche, and Central DeWitt. If the parties mutually agree to continue this Agreement for another school year, a new agreement will be developed for the 2021-22 school year consistent with the intent and agreement of the parties.
7. This agreement contains the entire understanding between Northeast, Camamche, and Central DeWitt and cannot be amended except in writing signed by Northeast, Camanche, and Central DeWitt.
8. Should any paragraph or provision of this agreement be declared illegal by a court or agency of competent jurisdiction, then that paragraph or provision shall be deleted from this agreement to the extent it violates the law. Such deletion shall not affect any other paragraph or provisions of this agreement. Should the parties deem it advisable, they may mutually agree to enter into negotiations to replace the invalid provision.
IN WITNESS WHEREOFF, this instrument is executed by Northeast’s Camanche’s and Central DeWitt’s respective officers on the dates as hereinafter stated.
___________________________________________________ ____________________________ President, Board of Directors Date Northeast Community School District ___________________________________________________ _____________________________ President, Board of Directors Date Camanche Community School District ____________________________________________________ ______________________________ President, Board of Directors Date Central DeWitt Community School District
LEASE – BUSINESS PROPERTY – SHORT FORM
THIS LEASE, made and entered into this May 2020, by and between
Brian Fallesen (“Landlord”) whose address for the purpose of this lease is:
2046 442nd Avenue, Clinton, Iowa and Northeast Community School District (“Tenant”), whose
address for the purpose of this Lease is: 1450 370th Avenue, Goose Lake, Iowa 52750.
The parties agree as follows:
1. PREMISES AND TERM. Landord leases to Tenant the following real estate, situated
in Clinton County, Iowa. Together with all improvements thereon, and all rights,
easements and appurtenances thereto belonging, for a term beginning on the 1st
day of July, 2020, and ending on the 30th day of June, 2025, upon the condition that
Tenant performs as provided in this lease.
2. RENT. Tenant agrees to pay Landlord as rent $650 per month, in advance
commencing on July 1, 2020 and on the 1st day of each month thereafter, during the
term of this lease. Rent for any partial month shall be prorated as additional rent.
3. POSSESSION. Tenant shall be entitled to possession on the first day of the lease
term, and shall yield possession to Landlord at the termination of this lease.
4. USE. Tenant shall use the premises only for school bus parking and turn around as
part of their transportation facilities.
5. CARE AND MAINTENANCE. (A) Tenant takes the premises as is, except as herein
provided. (B) Landlord shall keep the premises in good repair. (C) Tenant shall
maintain the premises in a reasonable safe, serviceable, clean and presentable
condition, and except for the repairs and replacements provided to be made by
Landlord in subparagraph (B) above, shall make all repairs, replacements and
improvements to the premises, INCLUDING ALL CHANGES, ALTERATIONS OR
ADDITIONS ORDERED BY ANY LAWFULLY CONSTITUED GOVERNMENT AUTHORITY
DIRECTLY RELATED TO TENANTS USE OF THE PREMISES. Tenant shall make no
structural changes or alterations without the prior written consent of the Landlord.
Unless otherwise provided, and if the premises include the ground floor. Tenant
agrees to remove all snow and ice and other obstructions from the premises.
6. UTILITIES AND SERVICES. Tenant shall pay for all utilities and services which may be
used on the premises, except the following to be furnished by Landlord: None
7. SURRENDER. Upon the termination of this lease. Tenant will surrender the
premises to Landlord in good and clean condition, except for ordinary wear and tear
or damage without fault or liability of Tenant. Continued possession, beyond the
term of this Lease and the acceptance of rent by Landlord shall constitute a month-
to-month extension of this lease.
8. ASSIGNMENT AND SUBLETTING. No assignment or subletting, either voluntary or by
operation of law, shall be effective without the prior written consent of Landlord,
which consent shall not unreasonably be withheld.
9. INSURANCE. (A) PROPERTY INSURANCE. Landlord and Tenant agree to insure their
respective real and personal property for the full insurable value. Such insurance
shall cover losses included in the special form causes of loss (formerly all risks
coverage). To the extent permitted by their policies the Landlord and Tenant waive
all rights of recovery against each other. (B) LIABILITY INSURANCE. Tenant shall
obtain commercial general liability insurance in the amounts of $1,000,000 each
occurrence and $1,000,000 annual aggregate per location. This policy shall be
endorsed to include the Landlord as an additional insured.
10. LIABILITY FOR DAMAGE. Each party shall be liable to the other for all damage to the
property of the other negligently, recklessly or intentionally caused by that party (or
their agents, employees or invitees), except to the extent the loss is insured and
subrogation is waived under the owner’s policy.
11. INDEMNITY. Except for any negligence of Landlord, Tenant will protect, defend, and
indemnify Landlord from and against any and all loss, costs, damage and expenses
occasioned by, or arising out of, any accident or other occurrence causing or
inflicting injury or damage to any person or property, happening or done in, upon or
about the premises, or due directly or indirectly to the tenancy, use or occupancy
thereof, or any part thereof by Tenant or any person claiming through or under
Tenant.
12. DAMAGE. In the event of damage to the premises, so that Tenant is unable to
conduct business on the premises, this lease may be terminated at the option of
either party. Such termination shall be effected by notice of one party to the other
within 20 days after such notice; and both parties shall thereafter be released from
all future obligations hereunder.
13. MECHANICS’ LIENS. Neither Tenant, nor anyone claiming by, through, or under
Tenant shall have the right to file any mechanic’s lien against the premises. Tenant
shall give notice in advance to all contractors and subcontractors who may furnish,
or agree to furnish, any material, service or labor for any improvement on the
premises.
14. DEFAULT, NOTICE OF DEFAULT AND REMEDIES.
EVENTS OF DEFAULT
(A) Each of the following shall constitute an event of default by Tenant: (1) Failure to
pay rent when due; (2) Failure to observe or perform any duties, obligations,
agreements, or conditions imposed on Tenant pursuant to the terms of the lease;
(3) abandonment of the premises. “Abandonment” means the Tenant has failed to
engage in its usual and customary business activities on the premises for more than
fifteen (15) consecutive business days’ (4) institution of voluntary bankruptcy
proceedings by Tenant; institution of involuntary bankruptcy proceedings in which
the Tenant thereafter is adjudged a bankruptcy, assignment for the benefit of
creditors of the interest of Tenant under this lease agreement; appointment of a
receiver for the property or affairs of Tenant, where the receivership is not vacated
within ten (10) days after the appointment of the receiver.
EVENTS OF DEFAULT
(B) Landlord shall give Tenant a written notice specifying the default and giving the
Tenant ten (10) days in which to correct the default. If there is a default (other than
for nonpayment of a monetary obligation of Tenant, including rent) that cannot be
remedied in ten (10) days by diligent efforts of the Tenant, Tenant shall propose an
additional period of time in which to remedy the default. Consent to additional
time shall not be unreasonably withheld by Landlord. Landlord shall not be required
to give Tenant any more than three notices for the same default within any 365 day
period.
REMEDIES
(C) In the event Tenant has not remedied a default in a timely manner following a
Notice of Default, Landlord may proceed with all available remedies at law or in
equity, including but not limited to the following: (1) Termination. Landlord may
declare this lease to be terminated and shall give Tenant a written notice of such
termination. In the event of termination of this lease, Landlord shall be entitled to
prove claim for and obtain judgment against Tenant for the balance of the rent
agreed to be paid for the term herein provided, plus all expenses of Landlord in
regaining possession of the premises and the reletting thereof, including attorney’s
fees and court costs, crediting against such claim, however, any amount obtained by
reason of such reletting; (2) Forfeiture. If a default is not remedied in a timely
manner, Landlord may then declare this lease to be forfeited and shall give Tenant a
written notice of such forfeiture, and may, at the time, give Tenant the notice to
quit provided for in Chapter 648 of the Code of Iowa.
15. SIGNS. Landlord, during the last 90 days of this lease, shall have the right to
maintain on the premises either or both a “For Rent” for “For Sale” sign. Tenant will
permit prospective tenants or buyers to enter and examine the premises.
16. NOTICES AND DEMANDS. All notices shall be given to the parties hereto at the
addresses designated unless either party notifies the other, in writing, of a different
address. Without prejudice to any other method of notifying a party in writing or
making a demand or other communication, such notice shall be considered given
under the terms of this lease when it is deposited in the U.S. Mail, registered or
certified, properly addressed, return receipt requested, and postage prepaid.
17. PRVISIONS BINDING. Each and every covenant and agreement herein contained shall
extend to and be binding upon the respective successors, heirs, administrators,
executors and assigns of the parties hereto.
18. CERTIFICATION. Tenant certifies that it is not acting, directly or indirectly, for or on
behalf of any person, group, entity or nation names by any Executive Order or the
United States Treasury Department as a terrorist, “Specially Designated National and
Blocked Person” or any other banned or blocked person, entity, nation or
transaction pursuant to any law, order, rule or regulation that is enforced or
administered by the Office of Foreign Assets Control; and it is not engaged in this
transaction, directly or indirectly on behalf of, or instigating or facilitating this
transaction, directly or indirectly on behalf of, any such person, group, entity or
nation. Tenant hereby agrees to defend, indemnify and hold harmless Landlord
from and against any and all claims, damages, losses, risks, liabilities and expenses
(including attorney’s fees and costs) arising from or related to any breach of the
