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HomeMy WebLinkAboutWendell Lupkes-4/12/2010CITY OF WATERLOO, IOWA LEASE AGREEMENT for CITY -OWNED PROPERTY Thi Lease Agreement (the "Agreement") is made and entered into this 1 day of 2010, by and between the Cityof Waterloo, Iowa (hereinafter refer ed to as "City"), and WQ €(L'i '?ALL P (hereinafter referred to as "Lessee"). 1. The City agrees to allow the Lessee to use and occupy City property (the "Property") Located on the Northwest corner of West 4th Street and West Shaulis Road, and legally described in Exhibit "A", attached hereto and made a part hereof by this reference. Lessee shall use the Property only for growing hay, and shall not grow crops, cultivate the land, or use the Property for any other purpose whatsoever. 2. The City agrees to allow Lessee to use and occupy the Property for a term commencing on the day of April , 2010, and terminating on the 30th day of September , 2010. The Lessee agrees to pay the City $200.00 for the use of the Property. Any payment made is non-refundable in the event this Agreement is terminated by either party pursuant to Section 3 below. 3. The City may terminate this Agreement, as to any part or all of the Property, upon thirty (30) days' written notice if the City needs the use of the Property for its own purposes. Lessee may terminate this Agreement, in whole but not in part, upon thirty (30) days' written notice to the Waterloo Community Planning and Development Department. 4. Lessee agrees to maintain the Property including all fenced areas. This will include reseeding and fertilizing when necessary. Lessee agrees to maintain the Property as a grass area only with any reseeding to be done with seed mixture as approved by Leisure Services. Further, Lessee agrees that if flooding occurs, no agricultural activities will occur until the land has dried and recovered sufficiently. 5. Lessee shall not hunt nor permit any other person to hunt on the Property. If Lessee becomes aware of trespassers on the Property, he will instruct them to leave the premises. 6. 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, demands, actions, causes of action, and/or damages whatsoever to any person or property which may arise out of or are in any way connected with Lessee's use of the Property in any manner, whether directly or indirectly, and shall further indemnify the City for any damage to the Property caused by Lessee, its employees or agents. 7. Lessee shall, at its own expense, procure and maintain comprehensive public liability insurance in the amount of not less than $500,000 per occurrence. Such insurance shall cover liability arising from the acts or omissions of Lessee, its employees and agents, and shall protect the City against such claims, damages, costs or expenses on account of injury to any person or persons, or to the property of same, by reason of such casualty, accident or other occurrence on or about the Property during the term of this Agreement. Certificates or copies of said policies, naming the City as an additional insured, and providing for thirty (30) days' advance notice to the City before cancellation, shall be delivered to City no later April 1 , 2010. A renewal certificate shall be provided to the City prior to expiration of any policy. The City shall provide no insurance for the property or activities of the Lessee, its agents or employees. 8. Lessee agrees to prohibit all engine -powered off-road vehicles and four- wheel drive vehicles other than agricultural equipment. 9. In the event any other person acquires a right of ingress and egress across the Property, Lessee agrees to be responsible for any additional fencing, gates, and/or maintenance which may be necessary, at no cost to the City. 10. Lessee shall comply with all applicable environmental laws concerning application, storage and handling of chemicals (including, without limitation, herbicides and insecticides) and fertilizers. Lessee shall apply any chemicals used for weed or insect control at levels not to exceed the manufacturer's recommendation for the soil types involved. Farm chemicals may not be stored on the Property. Chemicals used on the Property shall be stored in clearly marked, tightly closed containers. No chemicals or chemical containers will be disposed of on the Property. Application of chemicals for agricultural purposes per manufacturer's recommendation shall not be construed to constitute disposal. Lessee shall immediately notify City of any chemical discharge, leak, or spill which occurs on the Property. Lessee shall employ all means appropriate to insure that well or ground water contamination does not occur, and shall be responsible to follow all applicator's licensing requirements. Lessee shall properly post all fields (when posting is required) whenever chemicals are applied by ground or air. Lessee shall not dispose of any substances, including but not limited to waste oil, tires, batteries, paint, other chemicals or containers, anywhere on the Property. Solid waste may not be disposed of on the Property. Dead livestock may not be buried on the Property. No underground storage tanks shall be placed or maintained on the Property. After termination, Lessee shall remain liable for violations which occurred during the term of this Agreement. 11. The City may enter the Property at any reasonable time for the purpose of consulting with Lessee, viewing the Property, making improvements, or for other reasonable purposes that do not interfere with Lessee's ability to use the Property as provided herein. 12. Lessee shall not lease or sublet any part of the Property nor assign this Agreement to any other person without the prior written permission of the City. 13. Lessee agrees that on termination of the Agreement, Lessee will yield possession of the Property to City without further demand or notice, in as good order and condition as at the beginning of the term of this Agreement. Loss or damage by forces beyond Lessee's control and ordinary wear and tear are excepted. 14. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between City and Lessee nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 15. If Lessee fails to observe any term or condition of this Agreement, including but not limited to the payment of rent, it shall be in default of this Agreement, and City may then exercise any and all legal remedies available under applicable law. In the event of default Lessee shall be liable for any and all damage or loss suffered or incurred by City, including but not limited to reasonable attorneys' fees and expenses incurred in connection with the exercise of any right or remedy by City. 16. Any notice under this Agreement shall be in writing and shall be delivered in person or by United States certified mail, postage prepaid, and addressed to the other party at its last known address. Delivery of notice shall be deemed to occur (1) on the date of delivery when delivered in person, or (ii) three (3) business days following the date of deposit if mailed by United States certified mail, postage prepaid. 2 17. This Agreement contains the entire Agreement between the parties. None of the covenants, provisions, terms of conditions of this Agreement will be in any manner modified, waived, or abandoned, except by written instrument duly signed by both parties. This Agreement is binding upon and shall inure to the benefit of the parties and their respective heirs, personal representatives, successors and assigns. IN WITNESS WHEREOF, the parties have executed this Lease Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO BY: Buck Clark, Mayor ATTEST: Suzy SChares, City Clerk CITY'S ACKNOWLEDGMENT: LESSEE: By: ((_,Lc�( By: STATE OF IOWA, BLACK HAWK C UNTY, SS: , t0 On this (day of L ,%e°', . fore me, the undersigned Notary Public, personally ppeared 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 its 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 o un . ' y executed. LESSEE'S ACKNOWLEDGMENT: STATE OF IOWA, BLACK HAWK COUNTY, SS: Acknowledged before me on Marc !, 31 54 Luke as D COMMISSION NO.B2 35422 MY CCIJ� I SI9 EXPIRES 140 , 2010, by (AJe sne( e of Notary Public EXHIBIT "A" LEGAL DESCRIPTION COMMENCING AT THE EAST 74 CORNER OF SECTION 9, TOWNSHIP 88 NORTH, RANGE 13 WEST OF THE 511.1 PRINCIPAL MERIDIAN, IN THE CITY OF WATERLOO, IOWA, THENCE SOUTH 89° 18 1/2 WEST, 40M FEET ALONG THE NORTH LINE OF THE SOUTHEAST Y4 OF SAID SECTION 9 TO THE POINT OF BEGINNING: THENCE CONTINUING WEST ALONG SAID NORTH LINE OF THE SOUTHEAST 1/4 OF SAID SEC: TION 9 A DISTANCE OF 1.0 FOOT; THENCE SOUTH 0° 10' EAST, 334.4 FEET; THENCE SOUTH 89° 50' WEST, 39.0 FEET; THENCE NORTH 32° 28' WEST, 393.0 FEET TO THE NORTH LINE OF THE SOUTHEAST Y4 OF SAID SECTION 9; THENCE NORTH 32° 42' WEST, 471.4 FEET; THENCE SOUTH 89° 191/2' WEST, 783.8 FEET; THENCE NORTH 66° 54W WEST, 340.8 FEET; THENCE SOUTH 37° 321/2' WEST, 250.0 FEET; THENCE SOUTH 10° 31' WEST, 364.5 FEET TO THE NORTH LINE OF THE SOUTHEAST 74 OF SAID SECTION 9; THENCE SOUTH 89° 211/2 WEST, 115.0 FEET ALONG SAID NORTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 9; THENCE 0° 541/2' EAST, 561.8 FEET; THENCE NORTH 26° 56' EAST, 508.5 FEET; THENCE SOUTH 89° 191/2' EAST, 406.9 FEET; THENCE SOUTH 89° 151/2 EAST, 926.1 FEET; THENCE SOUTH AND PARALLEL WITH THE EAST LINE OF SAID SECTION 9 A DISTANCE OF 500 FEET; THENCE SOUTHEAST TO THE POINT OF BEGINNING, ALL IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA. EXCEPT: COMMENCING AT THE EAST 1/4 CORNER OF SECTION 9, TOWNSHIP 88 NORTH, RANGE 13 WEST OF THE 5TH PRINCIPAL MERIDIAN, IN THE CITY OF WATERLOO, IOWA; THENCE SOUTH 89° 181/2' WEST, 41.0 FEET ALONG THE NORTH LINE OF THE SOUTHEAST Y4 OF SAID SECTION 9; THENCE SOUTH 0° 10' EAST, 334.4 FEET; THENCE SOUTH 89° 50' WEST, 39.0 FEET; THENCE NORTH 32° 28' WEST, 393.0 FEET TO THE NORTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 9; THENCE NORTH 32° 42' WEST, 471.4 FEET TO THE POINT OF BEGINNING. THENCE NORTH 89° 191/2 WEST, 783.8 FEET; THENCE NORTH 66° 541/2 WEST, 162.15 FEET; THENCE SOUTH 89° 191/2' EAST, 149.03 FEET; THENCE SOUTH 0° 071/2 EAST, 33 FEET; THENCE SOUTH 89° 191/2 EAST, 783.8 FEET; THENCE SOUTH 0° 7W EAST, 33 FEET TO THE POINT OF BEGINNING. ALSO EXCEPT: COMMENCING AT THE EAST 1/4 CORNER OF SECTION 9, TOWNSHIP 88 NORTH, RANGE 13 WEST OF THE 5111 PRINCIPAL MERIDIAN, IN THE CITY OF WATERLOO, IOWA; THENCE SOUTH 89° 181/2' WEST, 41.0 FEET ALONG THE NORTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 9; THENCE SOUTH 0° 30' EAST, 334.4 FEET; THENCE SOUTH 89° 50' WEST, 39.0 FEET; THENCE NORTH 32° 28' WEST, 393.0 FEET TO THE NORTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 9; THENCE NORTH 32° 42' WEST, 471.4 FEET; THENCE NORTH 89° 191/2' WEST, 783.8 FEET; THENCE NORTH 66° 541/2 WEST, 340.8 FEET; THENCE SOUTH 37° 321/2' WEST, 92.86 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 37° 321/2' WEST, 157.14 FEET; THENCE NORTH 0° 071/z WEST, 123.16 FEET; THENCE SOUTH 89° 191/2' EAST, 96.12 FEET TO THE POINT OF BEGINNING.