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HomeMy WebLinkAboutRousselow Bros Farms Inc.-1/27/2014CITY OF WATERLOO, IOWA LEASE AGREEMENT for CITY -OWNED PROPERTY This Agreement made and entered into this` J' day of , 2014, by and between the City of Waterloo, Iowa (hereinafter referred to as "City"), and c, 6 -:,n- a (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 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 Lessee 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 $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 THIS 7 DAY OF CfriAllta, , 2014 CITY OF WATERL APPROVED BY: ATTEST: E est G. Clark, Mayor h s City y Clerk L SSEE .7 BY: 7:- Rousselow Bros Farms Inc./ Dale Rousselow CITY'S ACKNOWLEDGMENT STATE OF IOWA, e tc- etuic COUNTY, SS: 2.001 - On thisay of ciaivcca, , AD , before me, the undersigned, a Notary Public in andAor said County, in said State, person IIy ppeared 6''d°VeSt- and t v^ 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. 1 ctary Public in an for said County DeAnne Kobliska COMMISSION NO. 763995 MY COMMISSION EXPIRES -2&--/t. EX IBIT "A" - That part of the East %2 of the Southeast 11 of .L'P1:tinn -2,To -8-9-North, R ge 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 % to.a polittlihat is 420 feet South of the Northeast comer of said Southeast %; thence Southwesterly to the Southwest comer of the Northeast % of said Southeast l; thence South along the West line of the East %2 of the Southeast l to the Southwest comer of said East thence East along the South line of said Southeast % to the point of beginning. 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 puiposes in 536 LD 565 and 569 -LD 603; and .except that part described as commencing at the Southeast corner of said Southeast 1/.; thence North. 000 00' 00" East -along the East line of said Southeast % 65.53 feet; thence South 90° 00' 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 beginning; 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 650.00 feet; thence North 90° 00' 00" East 430 feet to the West R -O -W line of Martin. Road; thence South. 00° 00' 00" West along the West R -O -W line of Martin Road 655.77 feet to the point of beginning, also known as Brock Addition. Bock: 1090 .Page: Brno.rile : 2009-00024074 sem;