HomeMy WebLinkAboutDoug Bruns-4/24/2017CITY OF WATERLOO, IOWA
LEASE AGREEMENT
for
CITY -OWNED PROPERTY
This Lease Agreement (the "Agreement") is made and entered into this 2 day of
( , 2017, by and between the City of Waterloo, Iowa (hereinafter
referred to as "City"), and 1.A -f.)
(hereinafter referred to as "Lessee").
1. The City agrees to allow the Lessee to use and occupy City property (the
"Property") located on the Southwest corner of Kimball Avenue and U.S. Highway 20, 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 pasturage of livestock, and shall not
grow crops, cultivate the land, or use the Property for any other purpose whatsoever.
2. The City a ees to allow Lessee to use and occupy the Property for a term
commencing on the g, day of 14 a , 2017, and terminating on the
31st day of December , 2017. The Lessee agrees to pay the City $800.00 on or
before March 1 of each year during the term of this Agreement. 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 bluegrass grass seed only. Further,
Lessee agrees that if flooding occurs, the livestock will be removed to another location until
the land has dried and recovered sufficiently to allow grazing and pasturing again.
5. Lessee will assume full responsibility for any and all livestock escaping and
agrees to assume liability for any damage caused to the livestock being at large or any injury
or death of livestock while at large.
6. Lessee agrees to post adequate signs to keep hunters and trespassers off the
Property, and Lessee shall not hunt nor permit any other person to hunt on the Property.
Lessee will be solely responsible for keeping trespassers off the Property.
7. 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.
8. Lessee shall, at its own expense, procure and maintain comprehensive public
liability insurance in the amount of not less than $1,000,000 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 March 1, 2009. 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.
9. Lessee agrees to prohibit all engine -powered off-road vehicles and four-wheel
drive vehicles.
10. 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.
11. 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.
12. 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.
13. Lessee shall not lease or sublet any part of the Property nor assign this
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Agreement to any other person without the prior written permission of the City.
14. 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.
15. 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.
16. 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.
17. 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 (i) 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.
18. 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:
Mayor
ATTEST:
3
LESSEE;
By: /3/6("#.
By:
CITY'S ACKNOWLEDGMENT:
STATE OF IOWA, BLACK HAWK_COUNTY, SS:
On this 2.414'1 day of t , 2017, before me, the undersigned, a
Notary Public in and for said County, in said State, personally appeared &er 1 -on v -+-
and ►{ \1 Lc_
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 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 voluntarily executed.
#NANCY HIGBY
COMMISSION NO.788229
COMMISSION
MY EXPIRES
'
Notubli 1-81(-9t
LESSEE'S ACKNOWLEDGMENT
STATE OF IOWA, BLACK HAWK COUNTY, SS:
d 1
Acknowledged before me on
, 2017, by
a of
.• •. TIM ANDERA
COMMISSION NO.772518
• • MY COMMISSION EXPIRES
APRIL 11,2018
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Notary Public
EXHIBIT "A"
LEGAL DESCRIPTION
COMMENCING AT THE EAST Y4 CORNER OF SECTION 9, TOWNSHIP 88 NORTH, RANGE 13
WEST OF THE 5TH PRINCIPAL MERIDIAN, IN THE CITY OF WATERLOO, IOWA, THENCE
SOUTH 89° 18 1/2' WEST, 40.0 FEET ALONG THE NORTH LINE OF THE SOUTHEAST 1/4 OF SAID
SECTION 9 TO THE POINT OF BEGINNING:
THENCE CONTINUING WEST ALONG SAID NORTH LINE OF THE SOUTHEAST 1/4 OF SAID
SECTION 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 1/4 OF SAID SECTION 9; THENCE NORTH 32° 42' WEST, 471.4 FEET;
THENCE SOUTH 89° 191/2' WEST, 783.8 FEET; THENCE NORTH 66° 541/2 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 1/4 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 1/4
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° 71/2' 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 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 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° 071/2' WEST, 123.16 FEET; THENCE SOUTH 89° 191/2'
EAST, 96.12 FEET TO THE POINT OF BEGINNING.
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