HomeMy WebLinkAboutRousselow Farms Inc.-1/21/2014CITY OF WATERLOO, IOWA
LEASE AGREEMENT
for
CITY -OWNED PROPERTY
This Agreement made and entered into this / day of L r , 2014, by and between the City
of Waterloo, Iowa (hereinafter referred to as "City"), and (hereinafter referred to as
"Lessee"). bfx4,
1.The City agrees to allow the Lessee to use and occupy City property generally located near the northwest
corner of Martin Rd & Ridgeway, 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 see to use and occupy the aforementioned City property for a term
commencing on the \k` day of 2014, and terminating on the 31st day of December, 2014. The
Lessee agrees to pay the City $5,000.00 per year (161.29 per acre) for use of the said 31 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 THI DAY OF
, 2014
CITY OF WATERLOO
APPROVED BY:
Ernest G. Clar , Mayor
ATTEST:
l�
C
Suzy Shares, City Clerk
-BY: 4-4_14,-/20.444-4-e
Rousselow Bros Farms Inc./ Dale Rousselow
CITY'S ACKNOWLEDGMENT
STATE OF IOWA, (t1- Mt/VC-COUNTY, SS:
ad 41 -
On this97*' - day of �A 4 , AD , before me, the undersigned, a Notary Public
in and or s id County, in said_State, person.'t: appeared 1/`8 i- - before, •
me,
and �' dA�j a.-tr e- to me personally known, who, before by me
duly sworn, did say that they are teAYOR 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.
Notary Public in an
for said County
e l A L
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DeAnne Kobliska
COMMISSION NO. 763995
MY COMMISSION EXPIRES
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EXHIBIT "A"
That part ofthe East 'A ofthe Southeast 1.. Frfio2-'powaship-8-9-Noxt i auge-13
West -of the 5 ' P.M., in Waterloo, Black Hawk County, Iowa, described as follows:
Beginning at the Southeast corner of said Southeast %; thence North along the East line
of said Southeast T/ toapoikfthat is 420 feet South of the Northeast corner of said Southeast l;
thence Southwesterly to the Southwest comer ofthe Northeast l of said Southeast %; thence
South along the West line of the East 2/2 of the Southeast % to the Southwest corner of said East
%; thence East along the South line of said Southeast I/ to the point of begin.
Except the East 200 feet of the North 200 feet of the South. 1,380-.5 feet thereof; and
Except that part conveyed to the City of Waterloo for road purposes in 536 LD 565 and
569 -LD 603; and
Except that pall. described as commencing at the Southeast corner of said Southeast %;
. thence North 000 00' 00" East along the East line of said Southeast % 65.53 feet; thence South
90° 001 00" West 40.00 feet to the Westerly R -O -W line Martin Road and the Northerly R -O -W
line of West Ridgeway Avenue and the point of beg nnjng; thence North 89°14' 20" West along
the Northerly R -O -W line of West Ridgeway Avenue. 438.67 feet; thence North 000 45' 40" East
6.54.00 feet; thence North 90'00' 00" East 430 feet to the West R -O -W line of Martin. Road;
thence South. 000 00' 00" West along the West R -O -W line of Martin Road 655.77 fcct to the
point of beginning, also known as Brock Addition.
Book: 1.090 'raga: 9177Q rile gds: 2009-00024074 Ser;.2