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HomeMy WebLinkAboutMichael S Cook-1/21/2014CITY OF WATERLOO, IOWA LEASE AGREEMENT for CITY -OWNED PROPERTY This Agreement made and entered into this 'day of , 2014, by and between the City of Waterloo, Iowa (hereinafter referred to as "City"), and MCAIU.,'.. S COO `(e (hereinafter referred to as "Lessee"). 1.The City agrees to allow the Lessee to use and occupy City property generally located near East of WCF&N Drive south of Airline Hwy, 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 L ssee to use and occupy the aforementioned City property for a term commencing on the lir day of t, 2014, and terminating on the 31st day of December, 2014. The Lessee agrees to pay the City $1800.00 per year ($90.00 per acre) for use of the said 20 acre 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 D A OF -1(4-ML ) , 2014 CITY OF WATERLOO APPROVED BY: . Clark, ayor ATTEST: Suzy c CITY'S ACKNOWLEDGMENT STATE STATE OF IOWA, 61,,fJuLC"COUNTY, SS: On this`day of , AD 013, before e, the undersigned, a Notary Public in a d foj said County, in said State, personal) appeared n-feff ( �[ and 54,L2S a vLe---(2, to me personally known, who, before by me duly sworn, did say that they are 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 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. IA a DeAnne Kobliska COMMISSION NO. 763995 MYCOMMISSION �EXPIRESIIIIIIIIIIII �!! c®. .4, 0Vd Notary Publiq'`in an• for said County A1,7- b��7A) • That part of the Northeast Quarter (NE1/4) of Section Ten (10), Township Eighty -the North (T89N), Range Thirteen West (R13W) of the Fifth Principal Meridian, Waterloo, Black Hawk County, Iowa, described as follows: The South One-half (S1/2) of the Southwest Quarter (SW1/4) of the Southwest Quarter (SW1/4) of said Northeast Quarter (NE1/4) except the West 105 feet thereof. The Southeast Quarter of the Southwest Quarter of the Northeast Quarter of Section No. 10; and the Southwest Quarter of the Southeast Quarter of the Northeast Quarter of Section No. 10; all in Township No. 89 North, Range No. 13 West of the 5th Principal Meridian, in Black Hawk County, Iowa.