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HomeMy WebLinkAboutRousselow Brothers Farms Inc-5/2/2011CITY OF WATERLOO, IOWA LEASE AGREEMENT for CITY -OWNED PROPERTY This Agreement made and entered into this r day of 2011, by and between the City of Waterloo, Iowa (hereinafter referred to as "City"), and (40x15.9) i —fi ,;4hereinafter referred to as "Lessee". 1.The City agrees to allow the Lessee to use and occupy City property generally located adjacent to Ridgeway Avenue and Martin Road, and legally described in Exhibit "A" attached here to and made a part here of by this reference. 2.The City agrees to !low the Le a to use and occupy the aforementioned City property for a term commencing on the `7 day of �, 2011, and terminating on the 31St day of December, 2011. The Lessee agrees to pay the City $, , T .c $120.00 per acre) per year for use of _' 1 - acres of said Ciproperty � tY 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. EXECUTED THIS DAY OF , 2011 CITY OF WATERLOO LESSEE APPROVED BY: (;*1 RousselowB s. Farm Inc. By: �� � / a Its: Ernest G. Clark, Mayor ATTEST: Wit_ �� . �l (Le�-ti_ Suzy18chares, City Clerk CITY'S ACKNOWLEDGMENT STATE OF IOWA, 1 /-EN. '-- COUNTY, SS: On this r day of . ,ALk,, {{' , AD 2011, before me, the undersigned, a Notary Public in and for said County, in said State, peYsonally appeared vu + 61. C.teo-k-- and to me personally known, who, before by me duly sworn, did say that they are the 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. Notary Public n ant'for said, gunty