HomeMy WebLinkAboutVanderloo Chiropractic-8/27/2010AUG/27/2010/FRI 04:22 PM VANDERLOO CLINIC FAX No,319 2323279
018/27/2010 03:38 FAX 319 291 4571 WATERLOO CLERKS/FINANCE
FACILITY/PROPERTY USE AGREEMENT
This Agreement is entered into by and between the City of Waterloo, Iowa, (hereinafter,
"Lessor")
And Vanderloo Chiropractic (hereinafter "Lessee") for an in consideration of the mutual
covenants and promises contained herein and for other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged,
The terms of the Agreement are as follows:
1. TERMS AND PREMISES. Lessor agrees to permit Lessee to use right -of -way
beginning on the 27th day of August, 2010 and ending oh the 28'' day of August, 2010
to the following -described real estate, situated in Waterloo, Black Hawk County, Iowa, to
wit:
right-of-way in front of 3731 Kimball Avenue
2. ,INSURANCE AND INDEMNITY. Lessee agrees to release Lessor, including
its employees and agents, from any and all claims and/or causes of action, which may
arise from this Agreement, To the fullest extent permitted by law, Lessee shall indemnify
and hold harmless Lessor, including its consultants, agents, and/or expenses, including
but not limited to, attorney's fees, whether incurred prior to or dining litigation,
administrative hearings, arbitration or bankruptcy proceedings, including trial and
appellate levels, which may in any way arise out of or result from the occupancy or use of
the premises described herein and/or this Agreement, provided that any such claim,
damage, loss, or expense is cause in whole or in part by any negligent act or omission or
other fault of Lessee or anyone directly or indirectly employed by it or anyone for whose
acts Lessee may be liable, regardless of whether or not it was caused in part by a. party
indemnified hereunder, Furthermore, the foregoing assumption of liability and
indemnification shall apply to any liability, which may arise out of the Agreement. In
order to fulfill this provision of rhe Ag eement, Lessee shall fi►rnish a Certificate of
Insurance naming Lessor and City of Waterloo as additional insurers with
mininturn coverage of Three Million Dollars ($73;000,000) per occurrence.
3. EQUIPMENT. Lessee may install and promptly remove its own special
equipment services and supplies, and shall operate them all at its own expense and
liability, and upon failure to remove any property from the grounds immediately following
completion of any event for which Lessee has agreed to, Lessor may remove said equipment
and/or supplies with complete reimbursement for all costs incurred therefor to be paid by
Lessee,
4. CARE AND MAINTENANCE OF PREMISES. Lessee agrees to return to
Lessor in the same or substantially similar condition as it received said property, except
natural wear, tear, or any acts beyond the control of Lessee arty property used. Any
damages to the foregoing property shall be repaired with the security deposit, and Lessee
shall immediately remit to Lessor any deficiencies not covered by said security deposit.
5. LAWS. Lessee agrees to obey all federal, state and local laws, which may
apply to this Agreement.
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AUG/27/2010/FRI 04:22 PM VANDERLOO CLINIC FAX No, 319 2323279
'0Bf27f2010 03:39 FAX 318 281 4571 WATERLOO CLERKS/FINANCE
FACILITY/PROPERTY USE AGREEMENT
6. DEFAULT. In the event Lessee breaches any of the provisions contained in
this Agreement, Lessee shall be in immediate default of said Agreement, and Lessor, at
its option, shall have the right to immediately terminate this Agreement and repossess the
premises. All amounts owing and due 'Lessor shall become immediately payable to
Lessor.
LESS
By:
STATE OF IOWA )
) as.
BLACK HAWK COUNTY )
On thisZ' ay of August, 2010, before me, the undersigned,
a Notary Public in and for the State of Iowa, personally appeared
, to me known to be the identical persons named in
and who executed the foregoing instrument and acknowledged that they executed the
same as their voluntary act and deed.
Notary Public in and for the State of Iowa
CITY OF WATERLOO, IOWA
STATE Op IOWA )
) ss.
BLACK HAWK COUNTY )
ATTEST._ __.
S Se
On this 1 day of August, 2010, before me,
the undersigned, a Notary Public in and fox the State of Iowa, personally ap = red En
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, Towa;
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 Ciry Council and that Buck Clark and Suzy Schares acknowledged the execution of
th instr • ent to be thei voluntary act deed and the voluntary act and deed of the
n, by it volun rye cut d.
es, City Clerk
ary P ' blic in and for the State
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P. 003
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