HomeMy WebLinkAboutWendell Lupkes-1/27/2014CITY OF WATERLOO, IOWA
LEASE AGREEMENT
for
CITY-OWNED PROPERTY
This Agreement made and entered into this day ofi l�1 OA t `-1 , 2014, by and between the City
of Waterloo, Iowa (hereinafter referred to as "City"), and WAWA WOW (hereinafter referred to as
"Lessee").
1.The City agrees to allow the Lessee to use and occupy City property generally located near the northwest
corner of West 4th Street and West Shaulis Road, 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 Lesse to use and occupy the aforementioned City property for a term
commencing on the day of , 2014, and terminating on the 31st day of December, 2014. The
Lessee agrees to pay the City $250 per year for use of the said 19 acre City owned property during said term.
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.) jA
EXECUTED THIS L DAY OF Ja. tit , 2014
CITY OF WATERLOO
APPROVED BY:
ATTEST:
LESSEE
BY: � L , $ a _'LL' t � —
Emest G. Clark, Mayor/ Wendel t Lupkes
CITY'S ACKNOWLEDGMENT
STATE OF IOWA B /CCOUNTY, SS: AIS
On this,ay of I 1 , AD3, before me, the undersigned, a Notary Public
in and for said County, in said State, Pers n Iy ap eared r it i t' t
S�^ to me personally known, who, before by me
duly swom, did say that they are 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.
and ,` U 2
N6tary Public in
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DeAnne Kobliska
COMMISSION NO. 763995
MY COMMISSION EXPIRES
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EXIIIBIT "A"
LEGAL DESCRIPTION
COMMENCING AT. THE EAST 1/4 CORNER OF SECTION 9, TOWNSHIP 88 NORTH, RANGE
13 WEST OF THE 5m PRINCIPAL MERIDIAN, IN THE CITY OF WATERLOO, IOWA,
THENCE - SOUTH 89° 18 W WEST, 40.0 FrEl ALONG THE NORTH LINE OF THE
SOU'THEAST1 OF SAID SECTION 9 TO THE POINT OF BEGINNING:
THENCE CONTINUING WEST ALONG SAID NORTH LINE OF THE SOUTHEAST 1/4 OF
SAID SECTION 9 A Di LANCE OF 1.0 FOOT; THENCE SOUTH 0° 10' EAST, 334.4 FEEL;
THENCE SOUTH 89° 50''' WEST, 39.0 FEE.; THENCE NORTH 32° 28' WEST, 393.0 PEE1 TO
THE NORTH LINE OF THE SOS 1/4 OF SAID SECTION 9; THENCE NORTH 32° 42'
WEST, 471.4 FEEL; THENCE SOUTH 89° 191/i WEST, 783.81{I 1; THENCE NORTH 660 541/2
WEST, 340.8 FEEL; THENCE SOUTH 37° 321/2' WEST, 250.0 FEE1; THENCE SOUTH 10° 31'
WEST, 364.5 FEE1 TO THE NORTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 9;
THENCE SOUTH 89° 21W WEST, 115.0 FEET ALONG SAID NORTH LINE OF THE
SOUTHEAST 1/4 OF SAID SECTION 9; THENCE 0° 541E EAST, 561.8 FEE1; THENCE NORTH
26° 56' EAST, 508.5 FEET; THENCE SOUTH 89° 191E EAST, 406.9 FEbl; THENCE SOUTH 89°
151/2 EAST, 926.1 FEEL; THENCE SOUTH AND PARALLEL WITH THE EAST LINE OF SAID
SECTION 9 A DISTANCE OF 500 .FEE1; THENCE SOUTBEAST TO THE POINT OF
BEGINNING, ALL IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA.
EXCEL 1: COMMENCING AT THE EAST Y4 CORNER OF SECTION 9, TOWNSHIP 88
NORTH, RANGE 13 WEST OF THE 5TH PRINCIPAL MERIDIAN, IN 'THE CITY OF
WAl'ERLOO, IOWA; THENCE SOUTH 89° 181E WEST, 41.0 FLET ALONG THE NORTH LINE
OF THE SOUTHEAST 1/4 OF SAID SEC11.0N 9; THENCE SOUTH 0° 10' EAST, 334.4 EFEl;
THENCE SOUTH 89° 50' WEST, 39.0 FEE.; THBNCE NORTH 32° 28' WEST, 393.0 PEE' TO
THE NORTH LINE OF THE SOUTIEAST1 OF SAID SECTION 9; THENCE NORTH 320 42'
WEST, 471.4 EEE1 TO THE POINT OF.BEGINNING. THENCE NORTH 89° 19W WEST, 783.8
FLET; THENCE NORTH 66° 541E WEST, 162.15 FLET; THENCE SOUTH 89° 19112 EAST, 149.03
.FEE1; THENCE SOUTHO" 071E EAST, 33 FEET; THENCE SOUTH 89° 191/2' EAST, 783.8 F.EEl;
THENCE SOUTH 0° 71/2 EAST, 33 FLET TO THE POINT OF BEGINNING.
ALSO EXCEPT: COMMENCING AT THE EAST 1/4 CORNER OF SEC -LION 9, TOWNSHIP 88
NORTH- RANGE 13 - WEST. OF THE 5m PRINCIPAL- MERIDIAN,- IN -THE CIY'Y -OF
WATERLOO, IOWA; THENCE SOUTH 89° 18W WEST, 41.0 FEE1 ALONG THE NORTH LINE
OF THE SOUTHEAST Y4 OF SAID SECTION 9; THENCE SOUTH 00 30' EAST, 334.4 FEV
THENCE SOUTH 89° 50' WEST, 39.0 FEEL; THENCE NORTH 32° 28' WEST, 393.0 FEEL TO
THE NORTH LINE OF THE SOUTHEAST 114 OF SAID SEU11ON 9; THENCE NORTH 32° 42'
WEST, 471.4 FEE1; THENCE NORTH 89° 191/2 WEST, 783.8 FEE1; THENCE NORTH 66° 541E
NEST,- 340.8 FEE!; THENCE SOUTH 37' 321/2' .WEST, .92.86 FEE! :TO THE _POINT .. OF
BEGINNING; THENCE SOUTH 37° 321/2' WEST, 157.14 FLET; THENCE NORTH 0° 07h'
WEST, 123.16 FEE1; THENCE SOUTH 89° 19112 EAST, 96.12 .FEE1 TO THE POINT OF
BEGINNING.