HomeMy WebLinkAboutAgape Rehabilitation Agency, P.C.-2/23/2015PARKING LEASE AGREEMENT
This Parking Lease Agreement (the "Agreement") is entered into as of
, 2015, by and between Agape Rehabilitation Agency, P.C., d/b/a Agape
Therapy ("Agape") and the City of Waterloo, Iowa ("City").
RECITALS
A. Agape is the owner, or is under contract to become the owner in the near future,
of real property located at 403-405 Jefferson Street, Waterloo, legally described
as Lot 6, Block 6, Original Plat on the West Side of the Cedar River, Waterloo,
Iowa (the "Agape Property").
B. City is the owner of abutting parcels in said Block 6 on which are located
concrete -paved parking spaces consisting of 9 spaces on the Northeasterly side
("City Lot B"), of the Agape Property and 8 spaces on the Southeasterly side
("City Lot A"), of the Agape Property as shown on the attached Exhibit "A"
(collectively, the "Spaces").
C. The parties desire to set forth the terms on which Agape will lease Lot A and
maintain the Lot A and Lot B.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual promises exchanged herein and for
other consideration, the receipt and sufficiency of which is hereby acknowledged, the parties
agree as follows:
1. Lease of Parking Spaces. City agrees to lease City Lot A to Agape to use for
business parking during Agape's normal business of 8 a.m. to 5 p.m., Monday through Friday.
City Lot A will be available for public use after Agape's normal business hours. Agape shall pay
City the sum of $100 per month, payable on or before the first day of each month. As additional
consideration for use of City Lot A by Agape's employees, vendors, contractors, patients and
other invitees (each an "Authorized User"), Agape will maintain City Lot A and City Lot B as
set forth in Section 2 below. City will place and maintain "Reserved Parking" signs. Agape may
provide alternative signage, but must notify City of intent to do so prior to placement of signage
and shall obtain approval from City regarding design specifications and installation locations.
2. Care and Maintenance. Agape accepts City Lot A and will make use of same in
its as -is condition. On both City Lot A and City Lot B, Agape shall be responsible for all snow
removal and for ice control when conditions warrant and will regularly pick up and properly
dispose of any litter or debris. Agape or Authorized Users shall not pile any snow or other debris
or material on City Lot B. City will not be responsible to provide any services or security for the
benefit of Agape or Authorized Users with respect to City Lot A. Agape agrees to cooperate
with City in scheduling any work of repair, replacement or improvement that City deems
reasonably necessary.
3. Term. This Agreement shall commence on June 1, 2015 and shall continue for
five years, but if Agape sells the Agape Property or leases it to any third party, City may
terminate this Agreement upon thirty (30) days' advance written notice. After the initial 5 -year
term and absent any alternative agreement, this Agreement shall automatically renew on a
month-to-month basis until one party delivers to the other a thirty (30) day advance written
notice of termination. Upon renewal, the terms of this Agreement shall continue in force and
effect, except that the monthly rental rate shall be adjusted to a rate determined by the City, but
not in excess of %z the rate that City charges for users of other parking spaces it owns or controls
in the downtown area. A discounted rate is provided in consideration of Agape's continued care
and maintenance of City Lot A and City Lot B as provided in Section 2. Notwithstanding
anything to the contrary in this Agreement, City may terminate this Agreement at any time upon
fourteen (14) days' advance written notice if rent is delinquent by more than ten (10) days or if
Agape fails to remedy any breach of its duties under this Agreement within three (3) business
days after notice of breach from City.
4. Insurance. Agape shall procure and maintain property damage and general
liability insurance in minimum coverage levels of $1,000,000 per occurrence, naming City as an
additional insured. Any such policy shall provide for no less than thirty (30) days' advance
written notice to City before cancellation. Proof of insurance shall be delivered to City no later
than the date of execution of this Agreement, and a renewal certificate shall be provided to City
prior to expiration of any policy.
5. Indemnity. Agape agrees to indemnify and hold harmless City from and against
any and all claims, demands, causes of action, costs, damages and liabilities of any type of nature
whatsoever, including but not limited to reasonable attorney's fees and expenses, whether
sounding in tort or contract, whether existing at law or in equity, arising from or in any way
connected with use of the Spaces and associated driving and pedestrian areas by Authorized
Users or by any person claiming through or under Agape or an Authorized User.
6. General. The parties agree that this Agreement may be executed in one or more
counterparts, each of which shall be deemed an original and all of which, taken together, shall
constitute one and the same instrument. This Agreement constitutes the entire agreement of the
parties with respect to the subject matter hereof and may not be modified except in a written
instrument signed by both parties. This Agreement is binding on the parties and their respective
heirs, personal representatives, successors and assigns. Time is of the essence of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Parking Lease Agreement by
their duly authorized representatives as of the date first set forth above.
2
AGAPE REHABILITATION AGENCY,
P.C., d/b/a Agape Therapy
By
Ai
Deb Iehl, President
3
CITY OF WATERLOO, IOWA
Ernest G. Clark, Mayor
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