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Home My WebLink AboutBlack Hawk County Board of Supervisors-4/21/2014CITY OF WATERLOO Council Communication City Council Meeting: April 21, 2014 Prepared: April 11, 2014 Dept. Head Signature: PH # of Attachments: 1 SUBJECT: CLOVERDALE PARK LEASE Submitted by: Paul Huting, Leisure Services Director Recommended City Council Action: Request Council approve and authorize the Mayor Clark to sign Cloverdale Park Lease. Summary Statement: This 3 -year lease is for 4 acres of property known as Cloverdale Park, located at the corner of Longfellow Street and Midland Street. Expenditure Required: One dollar per year for a total of $3. Source of Funds: Funded through Leisure Services - Parks operating budget. Policy Issue: NA Alternative: NA Background Information: The Leisure Services Commission, at the April 8 meeting, voted unanimously to recommend that Council approve this lease. The City has invested in playground equipment on this property and it is enjoyed by residents of the Cloverdale neighborhood. CLOVERDALE PARK LEASE This LEASE made and entered into this44 0 -day of 2014, by and between Black Hawk County Board of Supervisors (Landlord) whose address for the purpose of this lease is 316 E. 5th Street, Waterloo, Iowa and the City of Waterloo, Iowa, to be managed by the Leisure Services Commission (Tenant) whose address for the purpose of this lease is 1101 Campbell Avenue, Waterloo, Iowa. 1. PREMISES AND TERM. Landlord, in consideration of the rent herein reserved and of the agreements and conditions herein contained on the part of Tenant to be kept and performed, leases to Tenant and Tenant rents and leases from the Landlord, according to the terms and provisions herein, the following described parcel: A four (4) acre rectangular tract having a three hundred fifty (350) feet frontage on Longfellow Street and a five hundred fifty (550) foot frontage on Midland Street, said site to be located approximately at the corner of Longfellow Street and Midland Street, City of Waterloo, Black Hawk County, Iowa, As shown on Exhibit "A" attached hereto, for a term of three (3) years, commencing July 1, 2014 through June 30, 2017, upon the condition that Tenant pay rent therefor and otherwise performs as this lease provides. 2. RENTAL. Tenant agrees to pay in advance to Landlord a rental fee of one dollar ($1.00) per year, in advance. 3. POSSESSION. Tenant shall be entitled to possession on the first day of the term of this lease, and shall yield possession to Landlord at the time and date of the close of this lease term, except as otherwise provided. 4. USE OF PREMISES. Tenant covenants and agrees that during the term of this lease it shall not sublease the premises herein, but shall permit its use by the public as a public park with emphasis on park use as a picnic area, baseball diamond and general play field area. 5. QUIET ENJOYMENT. Landlord covenants that its estate in said premises is in fee simple, free and clear of all liens, clouds and encumbrances, except that said premises are security for general obligation bonds, and that the Tenant upon paying the rent herein reserved and performing all the agreements to be performed by the Tenant as provided in this Lease, shall and may peaceably have, hold and enjoy the premises for the term of this Lease free from molestation, eviction or disturbance by Landlord or any other person or legal entities whatsoever. Landlord shall have the right to use the premises as security for general obligation bonds at any time without notice, subject to this Lease. 6. CARE AND MAINTENANCE OF PREMISES. The Landlord shall have no duty to care for the premises whatsoever. Tenant shall care for and maintain the premises in a reasonably safe and serviceable condition and shall be solely responsible for construction, operation, maintenance, upkeep and all other aspects of the leased premises. Tenant acknowledges Landlord has no responsibility or liability whatsoever for such maintenance and operation. Also see Section 10 below. 7. SURRENDER OF PREMISES AT END OF TERM. Tenant agrees that it will surrender the leased premises to Landlord upon the termination of this Lease. Tenant may, at the expiration of the term of this Lease, or renewals thereof, or at a reasonable time thereafter, remove any fixtures or equipment which Tenant has installed on the leased premises. Continued possession beyond the expiration date of the term of this Lease by the Tenant coupled with receipt of the specified rental by Landlord, shall constitute a year-to year extension of this Lease. Either party, however, may terminate this Lease upon thirty (30) days' notice in writing given to the other by ordinary mail or delivered personally. B. ASSIGNMENT OR SUBLETTING. Tenant agrees and understands that the premises shall not be assigned or sublet. 9. SPECIAL ASSESSMENT. All special assessments shall be the responsibility of the Tenant. 10. INDEMNITY AND LIABILITY INSURANCE. Except as to any negligence of the Landlord, Tenant will protect, indemnify and hold harmless Landlord from and against any and all loss, damage and expenses occasioned by, or arising out of, any accident or other occurrence causing injury and/or damage to any person or property, happening or done in, upon, or about the leased premises, or due directly or indirectly to the tenancy, use, or occupancy thereof, or any part thereof, by Tenant or any person claiming through or under Tenant. Tenant further covenants and agrees that it will, at its own expense, procure and maintain casualty and liability insurance in a responsible company or companies authorized to do business in the State of Iowa, in amounts of not less than $100,000 for any person injured and $500,000 for any one accident, with a limit of $25,000 for property damage, and protecting Landlord against such claim, damages, costs or expenses by reason of such casualty, accident or other happening on or about the leased premises during the term thereof. Tenant shall provide a Certificate of Insurance naming Black Hawk County as an additional insured. 11. PROVISIONS TO BIND AND BENEFIT SUCCESSORS AND ASSIGNS AND SUBLESSES. Each and every covenant and agreement herein contained shall extend to and be binding upon the respective successors, assigns and sublessees of the parties hereto (not withstanding restrictions herein with respect to assignment and subletting). 12. NOTICES. All notices required under this Lease shall be as follows: For Black Hawk County Board of Supervisors, Craig White, Chair, or subsequent Chair, in care of the Black Hawk County Board of Supervisors, 316 East Fifth Street, Waterloo, Iowa 50703. For the City of Waterloo, Iowa, to Paul Huting, or subsequent Director of Leisure Services Commission, 1101 Campbell Avenue, Waterloo, Iowa 50701. [signatures on next page] CITY ACKNOWLEDGMENT CITY OF WATERLOO, IOWA By: ATTEST: Suzy Scares, City Clerk State of Iowa ) ) ss Black Hawk County) Ernest G. Clark, Mayo On this day of " i' ' , 2014, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Ernest G. Clark and Suzy Schares, to me personally known, and who, being by me duly sworn, did say that they are the Mayor and City Clerk respectively, of the City of Waterloo, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council as contained in.the Resolution under council Action No. g®14-Xli of the City Council on the Zi day day of 4I , 2014, and that Ernest G. Clark and Suzy Schares acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. otary Public in $nd for the State of Iowa DeAnne Kobliska COMMISSION NO. 763995 MY COMMISSION EXPIRES sr_ Z,, d1"1- COUNTY ACKNOWLEDGMENT COUNTY OF BLACK HAWK, IOWA By: Craig White, Chair Board of Supervisors ATTEST: Grant Veeder, County Auditor State of Iowa ) ss Black Hawk County) On this day of , 2014, before me, a Notary Public in and for the State of Iowa personally appeared Craig White and Grant Veeder, to me personally known, and who being duly sworn, did say that they are the Chairperson of the Board of Supervisors and County Auditor respectively, of the County of Black Hawk, Iowa; that the seal affixed to the foregoing instrument is the seal of Black Hawk County and the instrument was signed and sealed on behalf of the County by Authority of the Board of Supervisors, as contained in action passed by the Board of Supervisors on the day of , 2014, and Craig White and Grant Veeder acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the County, by it voluntarily executed. Margery Budensiek Notary Public in and for the State of Iowa