HomeMy WebLinkAboutCedar Valley Tech Works-9/25/2017USE AGREEMENT
THIS USE AGREEMENT ("Agreement") is made this e2 day of . /� ��,1 017, by
and between the CITY OF WATERLOO, IOWA, LEISURE SERVICES ("City") and C DAR VALLEY TECH
WORKS, INC., an Iowa not-for-profit corporation ("CV") (each a "Party" and collectively the "Parties").
RECITALS:
This Agreement is entered into upon the basis of the following facts, understandings and
intentions of the Parties hereto:
1. That CV is the owner of that certain real estate legally described as: TECHWORKS
ADDITION LOT 3. This is a triangular piece of property with two parking lots upon it. Attached hereto
and made a part hereof by this reference, is an aerial photograph showing Area 2 and Area 1 of Lot 3.
Area 1 is the land which is the subject matter of this Use Agreement. It is the intention of CV to allow
the City to use Area 1 for purposes of "event parking". This Agreement will set forth the terms of the
Agreement.
2. The City takes the subject property in "AS IS" condition, with all faults. CV will have no
responsibility to prepare the property in any way for City's use or to maintain it. The City agrees to fill
the potholes, patch, seal, and paint new parking lines in Area 1. The City will do this at its own
expense. As consideration for these efforts, CV shall allow the City to use Area 1 for event parking
during the term of this Agreement.
3. Term. This Agreement shall begin on October 1, 2017, and shall end at the end of the day
on September 30, 2020.
4. The City agrees that it will be responsible for maintenance to the pavement and
surrounding area as follows:
(a) Snow removal and plowing as needed.
(b) Mowing and weed removal, clearing of sidewalks and walkways around the
area.
(c) Keeping the area free of litter and debris.
(d) That the City will be allowed to erect whatever signage is necessary so that the
property may be effectively used as a parking facility. No later than the date of
termination, the City will remove any signage that it erected.
5. The City shall pay no rent other than to maintain the property during the term of this Use
Agreement.
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6. No amendment or modification hereof shall be deemed valid unless first reduced to writing
and dated and signed by all Parties hereto. No waiver of any of the provisions of this Agreement shall
be valid unless such waiver is in writing, duly executed and dated by the Party or Parties sought to be
charge therewith.
7. This Use Agreement shall be construed in accordance with and governed by the laws of the
State of Iowa.
8. The City agrees to provide CV with proof of insurance indicating liability coverage in force
during the term of this Use Agreement in the sum of $1,000,000.00. CV will be named as an additional
insured, and the City agrees to hold CV harmless for any injury, damage or liability, including all
claims, demands and causes of action of every nature in connection with the use of this property as a
parking facility. If the City wishes to use this property for anything other than parking, it must obtain
advance written permission from CV in order to do so.
9. For purposes of this Agreement, notice given to CV shall be addressed to:
Cedar Valley Techworks, Inc.
360 Westfield Avenue, Suite 200
Waterloo, Iowa 50701.
For purposes of this Agreement, notice given to City shall be addressed to:
City of Waterloo
715 Mulberry Street
Waterloo, Iowa 50703.
10. The City of Waterloo may renew this Use Agreement by providing notice to CV, in writing,
at least thirty (30) days prior to the expiration date of Agreement.
11. It is anticipated that CV may need this property at a later date for purposes of future
development. In such a case, CV shall provide the City with 90 days written notice of its intent to
terminate this Use Agreement due to such a cause.
12. Voluntary Termination. Both parties, if they mutually agree, may terminate this Use
Agreement at any time.
DATED this
day of 4..?
XV , 2017.
CEDAR VALLEY TECHWORKS, INC.
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By:
6usA
Name: Cary Darrah, President
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CITY OF WATERLOO, IOWA, (LEISURE
SERVICES)
By:
Name: Quentin Hart, Mayor
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J41ilL1(
Name: K ey Felchle, City Clerk