HomeMy WebLinkAboutWndell Lupkes-6/8/2015crease retun tfl1S IsV W
City Clerk & Finance Dept.
715 Mulberry St.
Waterloo, IA 50703
CITY OF WATERLOO, IOWA
LEASE AGREEMENT
for
CITY -OWNED PROPERTY
Tl -s Lease Agreement (the "Agreement") is made and entered into this K day of
, 2015, by and between the City of Waterloo, Iowa (hereinafter referred to as
"City"), and Wendell Lupkes (hereinafter referred to as "Lessee").
1. The City agrees to allow the Lessee to use and occupy City property (the
"Property") located near the northwest corner of West 46.1 Street and West Shaulis Road, and
legally described in Exhibit "A" attached here to and made a part here of by this reference.
2. The Cit agrees to allow Lessee to use and occupy the Property for a term
commencing on the \' day of \Mu,-cV2015, and terminating on the o.c Th day of
2015,10The Lessee agrees to pay the City $250.00 for the use of the Property. Any payme t
made is non-refundable in the event this Agreement is terminated by either party pursuant to
Section 3 below.
3. The City may terminate this Agreement, as to any part or all of the Property, upon
thirty (30) days' written notice if the City needs the use of the Property for its own purposes.
Lessee may terminate this Agreement, in whole but not in part, upon thirty (30) days' written
notice to the Waterloo Community Planning and Development Department.
4. Lessee agrees to maintain the Property including all fenced areas. This will
include reseeding and fertilizing when necessary. Lessee agrees to maintain the Property as a
grass area only with any reseeding to be done with seed mixture as approved by Leisure
Services. Further, Lessee agrees that if flooding occurs, no agricultural activities will occur until
the land has dried and recovered sufficiently.
5. Lessee shall not hunt nor permit any other person to hunt on the Property. If
Lessee becomes aware of trespassers on the Property, he will instruct them to leave the premises.
6. In consideration of the extension of this Agreement to the Lessee, Lessee hereby
agrees to indemnify and hold the City harmless for any and all liability, claims, demands,
actions, causes of action, and/or damages whatsoever to any person or property which may arise
out of or are in any way connected with Lessee's use of the Property in any manner, whether
directly or indirectly, and shall further indemnify the City for any damage to the Property caused
by Lessee, its employees or agents.
7. Lessee shall, at its own expense, procure and maintain comprehensive public
liability insurance in the amount of not less than $500,000 per occurrence. Such insurance shall
cover liability arising from the acts or omissions of Lessee, its employees and agents, and shall
protect the City against such claims, damages, costs or expenses on account of injury to any
person or persons, or to the property of same, by reason of such casualty, accident or other
occurrence on or about the Property during the term of this Agreement. Certificates or copies of
said policies, naming the City as an additional insured, and providing for thirty (30) days'
advance notice to the City before cancellation, shall be delivered to City no later August 1,
2015. A renewal certificate shall be provided to the City prior to expiration of any policy. The
City shall provide no insurance for the property or activities of the Lessee, its agents or
employees.
8. Lessee agrees to prohibit all engine -powered off-road vehicles and four-wheel
drive vehicles other than agricultural equipment.
9. In the event any other person acquires a right of ingress and egress across the
Property, Lessee agrees to be responsible for any additional fencing, gates, and/or maintenance,
which may be necessary, at no cost to the City.
10. Lessee shall comply with all applicable environmental laws concerning
application, storage and handling of chemicals (including, without limitation, herbicides and
insecticides) and fertilizers. Lessee shall apply any chemicals used for weed or insect control at
levels not to exceed the manufacturer's recommendation for the soil types involved. Farm
chemicals may not be stored on the Property. Chemicals used on the Property shall be stored in
clearly marked, tightly closed containers. No chemicals or chemical containers will be disposed
of on the Property. Application of chemicals for agricultural purposes per manufacturer's
recommendation shall not be construed to constitute disposal. Lessee shall immediately notify
City of any chemical discharge, leak, or spill which occurs on the Property.
Lessee shall employ all means appropriate to insure that well or ground water
contamination does not occur, and shall be responsible to follow all applicator's licensing
requirements. Lessee shall properly post all fields (when posting is required) whenever
chemicals are applied by ground or air. Lessee shall not dispose of any substances, including but
not limited to waste oil, tires, batteries, paint, other chemicals or containers, anywhere on the
Property. Solid waste may not be disposed of on the Property. Dead livestock may not be buried
on the Property. No underground storage tanks shall be placed or maintained on the Property.
After termination, Lessee shall remain liable for violations, which occurred during
the term of this Agreement.
11. The City may enter the Property at any reasonable time for the purpose of
consulting with Lessee, viewing the Property, making improvements, or for other reasonable
purposes that do not interfere with Lessee's ability to use the Property as provided herein.
12. Lessee shall not lease or sublet any part of the Property nor assign this Agreement
to any other person without the prior written permission of the City.
13. Lessee agrees that on termination of the Agreement, Lessee will yield possession
of the Property to City without further demand or notice, in as good order and condition as at the
beginning of the term of this Agreement. Loss or damage by forces beyond Lessee's control and
ordinary wear and tear are excepted.
14. Nothing in this Agreement shall, or shall be deemed or construed to, create or
constitute any joint venture, partnership, agency, employment, or any other relationship between
City and Lessee nor to create any liability for one party with respect to the liabilities or
obligations of the other party or any other person.
15. If Lessee fails to observe any term or condition of this Agreement, including but
not limited to the payment of rent, it shall be in default of this Agreement, and City may then
exercise any and all legal remedies available under applicable law. In the event of default Lessee
shall be liable for any and all damage or loss suffered or incurred by City, including but not
limited to reasonable attorneys' fees and expenses incurred in connection with the exercise of
any right or remedy by City.
16. Any notice under this Agreement shall be in writing and shall be delivered in
person or by United States certified mail, postage prepaid, and addressed to the other party at its
last known address. Delivery of notice shall be deemed to occur (i) on the date of delivery when
delivered in person, or (ii) three (3) business days following the date of deposit if mailed by
United States certified mail, postage prepaid.
17. This Agreement contains the entire Agreement between the parties. None of the
covenants, provisions, terms of conditions of this Agreement will be in any manner modified,
waived, or abandoned, except by written instrument duly signed by both parties. This Agreement
is binding upon and shall inure to the benefit of the parties and their respective heirs, personal
representatives, successors and assigns.
IN WITNESS WHEREOF, the parties have executed this Lease Agreement by their duly
authorized representatives as of the date first set forth above.
2
CITY OF WATERLOO LESSEE:
BY:
ace
Ernest G. Clark, Mayor
ATTEST:
Suzy S. ares, City Cler
CITY'S ACKNOWLEDGMENT:
y:
Wendell Lupkes
STATE OF IOWA, BLACK HAWK COUNTY, SS:
On this S`�` day of 3 u , 2015, before me, the undersigned Notary Public,
personally appeared the MAYOR and CITY CLERK, respectively, of said City executing the
within and foregoing instrument to which this is attached, that the seal affixed thereto is the seal of
said City; that said instrument was signed and sealed on behalf of said City by authority of its City
Council; and that the said MAYOR and CITY CLERK, acknowledged the execution of said
instrument to be the voluntary act and deed of said City, by it and by them voluntarily executed.
NANCY HtGBY
COMMISSION NO.788229
MY TAISS1ON EXPIRES
LESSEE'S ACKNOWLEDGMENT:
Notary Public
STATE OF IOWA, BLACK HAWK COUNTY, SS:
On this ( day of `0 ' , 2015, before me the undersigned, a Notary Public
in and for the County oJ/( f- f --f i (-0 14--, State of Iowa, personally appeared
& n e l I E t.r� e ices , to me known to be the person(s) named in and
who executed the foregoing instrument.
Notary Public
3
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