HomeMy WebLinkAboutDavid Stout, Southland farms Inc.-6/8/2015leacurs mis cow to:
City Clerk & Finance Dept.
715 Mulberry St.
Waterloo, IA 50703
CITY OF WATERLOO, IOWA
LEASE AGREEMENT
for
CITY -OWNED PROPERTY
This Lease Agreement (the "Agreement") is made and entered into this day of
J , 2015, by and between the City of Waterloo, Iowa (hereinafter referred to as
"City"), and David Stout, Stoutland Farms Inc. (hereinafter referred to as "Lessee").
1. The City agrees to allow the Lessee to use and occupy City property (the
"Property") generally located between Martin Luther King Jr Drive and Newell Street, and
legally described in Exhibit "A", attached hereto and made a part hereof by this reference.
Lessee shall use the Property only for growing grow crops and shall not use the Property for any
other purpose whatsoever.
2. The City agrees to allow Lessee to use and occupy the Property for a term
commencing on the l day of �o n 2015, and terminating on the ;)-(14j4 day of ______ y
201%6The Lessee agrees to pay the City $5,460.00 for the use of the Property. Any
payment 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
BY: ."6‘°•deaf/,
�J LESSEE:
., 4 lin ��-� -L 4->
By:,a
Ernest G. Clark, Mayor David Stout, Stoutland Farms Inc.
ATTEST:
Suzy Sc _ es, City Clerk
CITY'S ACKNOWLEDGMENT:
STA IE OF IOWA, BLACK HAWK COUNTY, SS:
On this 2+-1-, day of 0 , 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.
(A1
NANCYHIGBYCOMMISSION NO.7B8229 MY COMMISSION EXPIRES
•ow% , —a — 1b
LESSEE'S ACKNOWLEDGMENT:
Notary Publi
STATE OF IOWA, BLACK. HAWK COUNTY, SS:
On this I day of , 2015, before me the undersigned, a Notary Public
in and for the Coupty o I H( to k- , State of Iowa,ersonall appeared
P Y Pp
tic t , to me known to be the person(s) named in and
who executed the foregoing instrument.
NitLe
Notary Public
3
Exhibit A: (a,--) cuAre
NW NW EXC W 194.4 FT N 1326.4 FT SEC 20 T 89 R 12 AND EXC THAT PART CONTAINED IN THE
FOL DESC:COM AT THE SW COR OF THE NW 1/4 OF SAID SEC 20 TH NW ON THE W LINE OF THE
NW 1/4 OF SAID SEC 20 A DIST OF 752.25 FT TO THE PT OF BEG OF THE PARCEL HEREIN
DESC:TH S 64 DEG 22 MIN 45 SEC W A DIST OF 32.86 FT TO THE E LINE OF BLK 50 OF "CITY
VIEW HEIGHTS"(ALSO KNOWN AS THE W LINE OF THE E 1.81 A OF THE NE 1/4 OF SAID SEC
19)TH NW ON THE E LINE OF BLKS 50 & 51 IN "CITY VIEW HEIGHTS" A DIST OF 586.87 FT TO THE
N LINE OF THE SE 1/4 OF THE NE 1/4 OF SAID SEC 19 TH N 88 DEG 45 MIN 31 SEC E ON THE N
LINE OF THE SE NE OF SAID SEC 19 A DIST OF 29.87 FT TO THE SW COR OF THE NW NW OF
SAID SEC 20 TH N 89 DEG 37 MIN 19 SEC E ON THE S LINE OF THE NW NW OF SAID SEC 20 A
DIST OF 194.41 FT TH NW PARALLEL WITH THE W LINE OF THE NW 1/4 OF SAID SEC 20 (ON A
LINE WHICH IS ALSO KNOWN AS THE E LINE OF THE W 194.4 FT OF THE NW NW OF SAID SEC
20) A DIST OF 100 FT TH N 89 DEG 37 MIN 19 SEC E A DIST OF 250 FT TH SE A DIST OF 438.54 FT
TH SWLY ON A 1039.93 FT RADIUS CURVE CONCAVE SELY AND HAVING A 6.39 FT LONG CHORD
BEARING S 54 DEG 59 MIN 7 SEC W A DIST OF 6.39 FT (ARC LENGTH) TH S 54 DEG 48 MIN 42
SEC W A DIST OF 137.26 FT TH S 64 DEG 22 MIN 45 SEC W A DIST OF 358.21 FT TO THE PT OF
BEG
Also
NE NW SEC 20 NW NE SEC 20 SW NE SEC 20 ALL IN T 89 R 12 EXC RDS AND EXC THAT PART OF
ABOVE DESC PLATTED TO NORTHEAST INDUSTRIAL PARK PLAT NO 1 & EXC NORTHEAST
INDUSTRIAL PARK PLAT NO 2 ALSO EXC THAT PART CONTAINED IN THE FOL DESC: COM AT
THE SE COR OF THE NE 1/4 OF SAID SEC 20 TH S 89 DEG 36 MIN 44 SEC W ON THE S LINE OF
THE NE 1/4 OF SAID SEC 20 A DIST OF 2056.71 FT TO THE PT OF BEG OF THE PARCEL HEREIN
DESC:TH SE A DIST OF 164.33 FT TH S 7 DEG 45 MIN 10 SEC W A DIST OF 130.45 FT TO THE
PRESENT NLY ROW LINE OF THE UNION PACIFIC RR TH SWLY ON THE PRESENT NLY ROW LINE
OF THE UNION PACIFIC RR ON A 2764.93 FT RADIUS CURVE CONCAVE NWLY AND HAVING A
153.31 FT LONG CHORD BEARING S 77 DEG 37 SEC W A DIST OF 153.33 FT (ARC LENGTH) TH N
5 DEG 14 MIN 40 SEC W A DIST OF 411.68 FT TH NW A DIST OF 257.18 FT TH S 84 DEG 51 MIN 27
SEC W A DIST OF 141.69 FT TH NWLY ON A 1373.24 FT RADIUS CURVE CONCAVE NWLY AND
HAVING AN 829.47 FT LONG CHORD BEARING N 77 DEG 33 MIN 50 SEC W A DIST OF 842.62 FT
(ARC LENGTH) TH N 59 DEG 59 MIN 8 SEC W A DIST OF 273.11 FT TH S 30 DEG 52 SEC W A DIST
OF 15 FT TH N 59 DEG 59 MIN 8 SEC W A DIST OF 200 FT TH N 30 DEG 52 SEC E A DIST OF 15 FT
TH N 59 DEG 59 MIN 8 SEC W A DIST OF 226.97 FT TH NWLY ON AN 854.93 FT RADIUS CURVE
CONCAVE SWLY AND HAVING A 162.28 FT LONG CHORD BEARING N 65 DEG 29 MIN 17 SEC W A
DIST OF 162.53 FT (ARC LENGTH) TO THE W LINE OF THE SE NW OF SAID SEC 20 TH NW ON
THE W LINE OF THE SE NW OF SAID SEC A DIST OF 231.15 FT TH SELY ON A 1074.93 FT RADIUS
CURVE CONCAVE SWLY AND HAVING A 285.68 FT LONG CHORD BEARING S 67 DEG 32 MIN 26
SEC E A DIST OF 286.53 FT (ARC LENGTH) TH S 59 DEG 59 MIN 8 SEC E A DIST OF 224.55 FT TH
N 30 DEG 52 SEC E A DIST OF 15 FT TH S 59 DEG 59 MIN 8 SEC E A DIST OF 200 FT TH S 30 DEG
52 SEC W A DIST OF 5 FT TH S 59 DEG 59 MIN 8 SEC E A DIST OF 273.12 FT TH SELY ON A
1143.24 FT RADIUS CURVE CONCAVE NELY AND HAVING A 690.55 FT LONG CHORD BEARING S
77 DEG 33 MIN 50 SEC E A DIST OF 701.50 FT (ARC LENGTH) TH N 84 DEG 51 MIN 27 SEC E A
DIST OF 188.15 FT TH NWA DIST OF 75.01 FT TH N 12 DEG 7 MIN 5 SEC E A DIST OF 132.29 FT
TO THE PRESENT WLY ROW LINE OF NE DR AS PLATTED IN NE INDUSTRIAL PARK PLAT NO 1
TH SE ON THE PRESENT WLY ROW LINE OF NORTHEAST DR A DIST OF 575.38 FT TO THE WLY
EXT OF THE S LINE OF LOT 9 NE INDUSTRIAL PARK PLAT NO 1 TH N 88 DEG 50 MIN 11 SEC E ON
THE S LINE OF SAID LOT 9 AND ITS EXT A DIST OF 80 FT TO THE SW COR OF SAID LOT 9 TH
CONT N 88 DEG 50 MIN 11 SEC E ON THE S LINE OF SAID LOT 9 A DIST OF 59.88 FT TH SE A
DIST OF 204.25 FT TO THE PT OF BEG EXC THAT PART PLATTED AS NORTHEAST INDUSTRIAL
PARK PLAT NO 3 ALSO EXC THAT PART OF THE ABOVE DESC PARCEL CONTAINED IN THE FOL
DESC REC IN DOC 2005 020741 SAID PARCEL KNOWN AS PARCEL G AND EXC PARCEL D REC
2006-28192
Also
SW NW SEC 20 T 89 R 12 EXC THAT PART CONTAINED IN THE FOL DESC: COM AT THE SW COR
OF THE NW 1/4 OF SAID SEC 20 TH NW ON THE W LINE OF THE NW 1/4 OF SAID SEC 20 A DIST
OF 752.25 FT TO THE PT OF BEG OF THE PARCEL HEREIN DESC:TH S 64 DEG 22 MIN 45 SEC W
A DIST OF 32.86 FT TO THE E LINE OF BLK 50 OF "CITY VIEW HEIGHTS"(ALSO KNOWN AS THE W
LINE OF THE E 1.81 A OF THE NE 1/4 OF SAID SEC 19) TH NW ON THE E LINE OF BLKS 50 & 51 IN
"CITY VIEW HEIGHTS" A DIST OF 586.87 FT TO THE N LINE OF THE SE 1/4 OF THE NE 1/4 OF SAID
SEC 19 TH N 88 DEG 45 MIN 31 SEC E ON THE N LINE OF THE SE NE OF SAID SEC 19 A DIST OF
29.87 FT TO THE SW COR OF THE NW NW OF SAID SEC 20 TH N 89 DEG 37 MIN 19 SEC E ON
THE S LINE OF THE NW NW OF SAID SEC 20 A DIST OF 194.41 FT TH NW PARALLEL WITH THE W
LINE OF THE NW 1/4 OF SAID SEC 20 (ON A LINE WHICH IS ALSO KNOWN AS THE E LINE OF THE
W 194.4 FT OF THE NW NW OF SAID SEC 20) A DIST OF 100 FT TH N 89 DEG 37 MIN 19 SEC E A
DIST OF 250 FT TH SE A DIST OF 438.54 FT TH SWLY ON A 1039.93 FT RADIUS CURVE CONCAVE
SELY AND HAVING A 6.39 FT LONG CHORD BEARING S 54 DEG 59 MIN 7 SEC W A DIST OF 6.39
FT (ARC LENGTH) TH S 54 DEG 48 MIN 42 SEC W A DIST OF 137.26 FT TH S 64 DEG 22 MIN 45
SEC W A DIST OF 358.21 FT TO THE PT OF BEG ALSO EXC A PARCEL OF LAND DESC AS
FOL:COM AT THE SW COR OF THE NW 1/4 OF SAID SEC 20 TH N 89 DEG 36 MIN 44 SEC E ON
THE S LINE OF THE NW 1/4 OF SAID SEC 20 A DIST OF 695.04 FT TO THE PT OF BEG OF THE
PARCEL HEREIN DESC: TH N 27 DEG 34 MIN 29 SEC W A DIST OF 781.73 FT TH N 49 DEG 59 MIN
2 SEC E A DIST OF 52.06 FT TH N 33 DEG 01 MIN 07 SEC E A DIST OF 53.87 FT TH N 54 DEG 48
MIN 42 SEC E A DIST OF 137.24 FT TH ELY ON AN 879.93 FT RADIUS CURVE CONCAVE SLY AND
HAVING A 57.92 FT LONG CHORD BEARING N 56 DEG 41 MIN 52 SEC E A DIST OF 57.93 FT (ARC
LENGTH) TH N 73 DEG 27 MIN 39 SEC E A DIST OF 138.35 FT TH ELY ON AN 854.93 FT RADIUS
CURVE CONCAVE SLY AND HAVING A 605.57 FT LONG CHORD BEARING N 88 DEG 19 MIN 26
SEC E A DIST OF 619 FT (ARC LENGTH) TO THE E LINE OF THE SW NW OF SAID SEC 20 TH SE
ON THE E LINE OF THE SW NW OF SAID SEC 20 A DIST OF 935.50 FT TO THE SE COR OF THE
SW NW OF SAID SEC 20 TH S 89 DEG 36 MIN 44 SEC W ON THE S LINE OF THE NW 1/4 OF SAID
SEC 20 A DIST OF 622.90 FT TO THE PT OF BEG & EXC A PARCEL OF LAND DESC AS FOL: COM
AT THE SW COR OF THE NW 1/4 OF SAID SEC 20 TH NW ON THEW LINE OF THE NW 1/4 OF SAID
SEC 20 A DIST OF 412.09 FT TO THE PT OF BEG OF THE PARCEL HEREIN DESC TH S 49 DEG 59
MIN 2 SEC W A DIST OF 38.45 FT TO THE E LINE OF BLK 49 "CITY VIEW HGTS"(ALSO KNOWN AS
THE W LINE OF THE E 1.81 A OF THE NE 1/4 OF SEC 19 )TH NW ON THE E LINE OF BLKS 49 & 50
"CITY VIEW HGTS" A DIST OF 350.68 FT TH N 64 DEG 22 MIN 45 SEC E A DIST OF 391.07 FT TH N
54 DEG 48 MIN 42 SEC E A DIST OF 137.26 FT TH NELY ON A 1039.93 FT RADIUS CURVE
CONCAVE SELY AND HAVING A 231.28 FT LONG CHORD BEARING N 61 DEG 11 MIN 46 SEC E A
DIST OF 231.76 FT (ARC LENGTH)