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HomeMy WebLinkAboutLee Rottinghaus-1/21/2014CITY OF WATERLOO, IOWA LEASE AGREEMENT for CITY -OWNED PROPERTY This Agreement made and entered into this'2 day of - 2014, by and between the City of Waterloo, Iowa (hereinafter referred to as "City"), and k . \NI2.1\r1 1,1 (hereinafter referred to as "Lessee"). 1.The City agrees to allow the Lessee to use and occupy City property generally located near the east side of Northeast Drive and North of Independence Avenue, and legally described in Exhibit "A" attached here to and made a part here of by this reference. 2.The City agrees to allow the-ssee t• use and occupy the aforementioned City property for a term commencing on the \ Si day of , 2014, and terminating on the 31st day of December, 2014. The Lessee agrees to pay the City $21,610.00 per year for use of the said 67.15 acres of City owned property during said term. Payments will be due to the city by the 31st day of December, 2014. 3.The City may terminate this agreement upon thirty (30) days' written notice if the City needs the use of said City property for its own purposes. As the applicant is using the land for crop production, the City would need to reimburse the lessee for any crops in production at the time of termination. Lessee may terminate this Agreement upon thirty (30) days' written notice to the Waterloo Community, Planning, and Development Department. The full amount of the payment is due, and no annual amount would be refunded if termination were to occur within the lease period. 4.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, actions, causes or action, and/or damages which may arise or allegedly arise out of Lessee's use of the aforementioned City property, either to the City's property, or to any other person who may claim injury by and/or through, as a result of the alleged activity on City's property as aforesaid. Lessee further agrees to indemnify and hold the City harmless for any and all damages or injury, which may occur to Lessee's livestock as a result of the alleged activity on City's property as aforesaid. Lessee further aggress to indemnify and hold the City harmless for any and all damages or injury which may occur to Lessee's livestock as a result or consequence of the use of the City property. 5.This agreement contains the entire Agreement between the parties. None of the covenants, provisions, terms or conditions of this Agreement will be in any manner modified, waived, or abandoned, except by written instrument duly signed by both parties and delivered to the City and the Lessee. This occupancy agreement and the terms and conditions herein apply and are binding on the legal representative, and successors and assigns of both parties. EXECUTED THIS% AY OF C " , 2014 CITY OF WATERLOO APPROVED BY:,4,--ir-or-ec,7 ATTEST:'s. Ernest G. Clark, Mayor Suz4 Schares, City Clerk LESS E BY: .11 r Lee Rottinghaus CITY'S ACKNOWLEDGMENT STATE OF IOWA, rEtete ge -COUNTY, SS: p9�3 On this'day of c , AD , before me, the undersigned, a Notary Public in and and s for said County, in said State, person�lly appeared ev-oeSt- G t y,o to me personally known, who, before by me duly sworn, did say that they are t e-MIAYOR 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 it's 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. N `L n and for said County DeAnne Kobliska COMMISSION NO. 763995 MY COMMISSION EXPIRES '£69 Ul LL9 U! oopa}eM10 S.10 o} pai 9npoo enuany dogs!g }d3axe osle Pue enueny dogs!g 10 guff fem 10-;q6u 419q11oN 944 J.a Ipag11°N 641 }ted 4941 }deoxy J9gpn1 PUS L9L Qi 1.179 PUe 999 GI 999 u! P9paooat speed wren }!no 4 q oo e 10 Ago ?ql °! womb= !ted }eq} rim=pue 69 sp9aQ 9Z914, e M 10 ems aq� pa/carwoo lied ley; }deoxy 'P.45401it}UnoJ xMe PaPeal Paai1 tCj�teueM serno! VIM H X18 U! lN'd ag110 }seq M. a6ue Z 6 2[' N 69 dlgsUMoi'4Z uo! es u! !!e :}oaray} lee; 99 }sea a }demta JapenO }sea41 °S NI 4012}te110 }sa"gP°N atp }01leH q!n0S aq} Pue Joatag11eal 991se3 aq} }deoxa 'Japan° ;sempnas mg Jo went) }sSMgnoS 5q 9e:Pent) 3seMunoS e1910 JelfeeOlseetaloN eta jo 1191-11s93 94419 ileH q}no9 9y} liepenp leevalleeS 94;10 went) S4490S ag11011BH }sea eta