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HomeMy WebLinkAboutLee Rottinghaus-1/27/2014CITY OF WATERLOO, IOWA LEASE AGREEMENT for CITY -OWNED PROPERTY This Agreement made and entered into thisi_ day of ��`"' ` , 2014, by and between the City of Waterloo, Iowa (hereinafter referred to as "City"), and \,Q, 6 \( 5 (hereinafter referred to as "Lessee"). J 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 How the L see 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 $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 cd i DAY OF , 2014 CITY OF WATERLOO APPROVED BY: Ernest G. Clark, Mayor LESS E Lee Rottinghaus CITY'S ACKNOWLEDGMENT STATE OF IOWA,l�C- l- COUNTY, SS: 2iDi4- On this day of X624 , AD , before me, the undersigned, a Notary Public innd f r said County, in said State, perso a I appeared f vv e r - (b. v$C- and `141 to me personally known, who, before by me duly sworn, did say that they are theIVIAYOR 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. otary Public in nd for said County iei DeAnne Kobliska COMMISSION NO. 763995 MY COMMISSION EXPIRES /44e/20776,k( The East Half of the Southeast Quarter of the Southwest Quarter, the South Half of the East Half of the Northeast Quarter of the Southwest Quarter, the Southwest Quarter of the Southeast Quarter, except the East 66 feet thereof; and the South Half of the Northwest Quarter of the Southeast Quarter, except the East 66 feat thereof, all in Section 20, Township 89 North, Range 12 West of the 5t' P.M. In Black Hawk County, lowa, except that part conveyed to the State of Iowa by Warranty Deed recorded in 526 Deeds 89 and except that part conveyed to the City of Waterloo by Quit Claim Deeds recorded in 536 LD 985 and 541 LD 787 and further except that part lying Northerly of the Northerly right-of-way line of Bishop Avenue and also except Bishop Avenue right-of-way conveyed to City of Waterloo in 571 LD 613.