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HomeMy WebLinkAboutIDOT-12/07/1998 Lease Agreement MISC BLACK HAWK,,,cOUNTY IOWA:SS 15909 INDE Filed for cord Jan 6 , 1999 at MAP 4:00 P. M. and recorded in Book 332 • PROOF - of MISC Page 995 GOMPA E) CPY �. (Z)_4;Dej Recorder FILE Fee 1-25.00z ENV fowa Department of Transportation 800 Lincoln Way Ames IA 50010-6993 Prepared by:Cheryl Watson,Iowa Department of Transportation,Right of Way Office,800 Lincoln Way,Ames,Iowi0010 515-239-1273 Form No.636-026 Revised 12/2/98 tRA Iowa Department of Transportation OFFICE OF RIGHT OF WAY AMES,IOWA 50010 LEASE AGREEMENT Parcel No. 37 County Black Hawk Project No. I-IG-380-7(26)315--04-07 Lease No. THIS AGREEMENT made and entered into this 14'1 day of ee r e - , 19 R$ , by and between the Iowa Department of Transportation, acting for the State of Iowa (hereinafter called "Lessor") and City of Waterloo, Iowa , of 715 Mulberry Street,Waterloo,Iowa 50703 ,(hereinafter called"Lessee"). Section 1. The Lessor, for and in consideration of Mutual Benefit and the covenants and agreements herein contained,hereby leases to the Lessee from the ls` day of December , 19 98 ,until title is transferred to the Lessee, the following described premises,to-wit: A parcel of land located in Section 1, T88N, R13W, Black Hawk County, Iowa, lying south of Bopp Street, east of I-380/US 218 right of way fence, west of Texas Street and north of the I-380/US 20 right of way fence. Section 2. The Lessee agrees to vacate and surrender quiet and peaceable possession of the leased premises at the expiration of the term thereof unless this lease has previously been extended by written agreement between the parties hereto. It is especially agreed that the Lessor may enter upon and use so much of said premises, at any time,as it may deem necessary for the purpose of highway construction or maintenance. Section 3. The Lessee shall use the leased premises for City Recognition Sign and cellular tower ONLY. It is understood and agreed that any and all improvements shall be at the expense of the Lessee and approved by Lessor. Lessee agrees that no permanent structure(s)will be permitted on this tract unless approved by the Lessor. Section 4. It is understood and agreed that the Lessee will not allow the release or disposal of any fuel, oil, grease and any and all other petroleum products or other hazardous materials or substances within the leased area or on any adjacent lands. If any petroleum products and/or chemicals should accidentally be released upon the leased premises or adjacent land, the Lessee agrees to immediately clean up and remove said petroleum products or chemicals to the satisfaction of the Iowa Department of Transportation and the Department of Natural Resources. The Lessee agrees to indemnify and hold the Iowa Department of Transportation harmless from any damages or loss which may result therefrom. Section 5. Parking vehicles used for the storage of hazardous materials or substances is prohibited. Section 6. In the event the Lessee would abandon the property or fail to keep each and every condition of this lease, the rights of the Lessee shall cease and the Lessor may take immediate possession of the premises. Section 7. It is understood and agreed that the Lessee shall maintain and preserve the desirable trees and shrubs and it is specifically understood that removal of any living tree shall be prohibited without the written permission of the Lessor. Section 8. Any provision on the reverse side or attached to this lease are,by this reference,made a part of this lease. Section 9. The Lessee will protect, indemnify and save harmless the Lessor from any and all claims, demands, judgement, loss, cost or expense for injury to or death of persons, damage to the property and improvements thereon and damage to the property of any person whomsoever(including employees and representatives of both parties hereto)in any manner arising from the use of the premises by the Lessee without regard to whether any acts or omission of the acts of the Lessor or its agents or servants contributed to said damage. C:\wp7data\Waterloo Lease Agreement.doc - 1 - 3�a 9 �. EOCK c.b2PAGE 990 Prepared by:Cheryl Watson,Iowa Department of Transportation,Right of Way Office,800 Lincoln Way,Ames,Iowa 50010 515-239-1273 Form No.636-026 Revised 12/2/98 The Lessee shall furnish the State with an appropriate certificate or copy of a current liability insurance policy in the minimum amount$1,000,000.00 which must be in effect during the entire term of the lease as stated above. Said policy must specifically include the leased premises and must also include the Lessor as an additional insured party and must meet with the satisfaction of the Lessor. If the Lessee fails to furnish proof of insurance promptly after taking possession of the premises or fails to maintain such insurance during the entire term of this lease, such failure shall be cause for forfeiture, cancellation and termination of this lease. Section 11. It is further agreed that Lessee may request termination of this lease by notifying the Lessor in writing one hundred and twenty(120)days prior to such intention to vacate the leased premises. Section 12. Lessor may terminate this lease for any reason deemed to be in the best interest of the State upon written notice to the Lessee one hundred and twenty(120)days prior to such termination of said lease. Section 13. It is further agreed that the Lessee shall not assign or sublet any part of the leased premises without the prior written consent of the Lessor. Section 14. Lessee shall maintain area free of trash and debris. Lessee shall also be responsible for mowing and normal maintenance during lease period. Section 15. Direct access to Interstate Route No. 380/Primary Road No.U.S. 218 is prohibited. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first herein written. Signed this 1+61 day of `1) cc y -ev ,19 qg . f City of Waterlo 2,Iowa . 1 .� i% BY: ; Th- onorable John Rea :yor of the City of " 00 15 Mulberry Street Waterloo,Iowa 50703 Telephone No. 319-2914301 �z ttoosaal (SSN)Social Security Number or Federal Tax I.D. STA 1'h OF IOWA ) )SS: COUNTY OF BLACK HAWK ) On this day of 6.e,t c„_ , 19 g , before me, the undersigned, a Notary Public in and for said State, personally appeared ..3-0i-en/ i, K- o,;,- to me personnally known, who being duly sworn did say that 'she is the /774 a for COcG 4 ,and that_ he/§he.e cuter.this.instrument on behalf of the City of Waterloo, Iowa and that the said instrument is the voluntary act an+1 t eed..o. s"ai eiV and by.it voluntarily executed. • (Sign in Ink) ' i°e ti' s Dv/1/J,4 ( i Le€ (Type/Print Name) Notary Public in and for the State of Iowa a C:\wp7data\Waterloo Lease Agreement.doc -2- C0CK 332 PAGE 996 pared by:Cheryl'Watson,Iowa Department of.,. sportation,Right of Way Office,800 Lincoln Way,Ames,..“ a 50010 515-239-1273 Form No.636-026 / Revised 12/2/98 ' APPROVAL RECOMMENDED: aby CU9/DCY) zyi,5-718 By Cheryl Watso Date Property Manager Telephone No. 515-239-1273 APPROVED IOWA DEPARTMENT OF TRANS ORTATION 40 vriab. By /A A.i Jag Robert L.North Date Right of Way Director STATE OF IOWA ) )SS: • COUNTY OF STORY ) On this /S day of - .Com' , 19'D , before me 0,A.J1-r`L f1m°J'l.11 X11 DYI A Notary Public in and for the State of Iowa, personally appeared '-TobQ✓-j- L - , to me personally known, who being duly sworn did say that he/she is the Rim } c LOO-1, "Y2cdz for the Iowa Department of Transportat'.on, and that said in ent vis signet. on behalf of said Department by its authority and the said person as such officer, acknowledged the execution of said instrument to be the voluntary act and deed of said Department,by it voluntarily executed. /� ,, (SEAL) w�L (Sign in Ink) (_h erci/ ,f}M « a a rL (Type/Print Name) Notary Public in and for the State of Iowa CHERYL ANN WATSON Iowa- C:\wp7data\Waterloo Lease Agreement.doc -3- EOC339 K PAGE n97 ' I' • .t \` Q d4 G' I (1, 0 4 OZL10 / + • i 0+� ; — - ? - • • [I � µ qR •� .: .. __ Xa4.o • .9-- —ate `! ....J.,--_M.9:iS.9 ,/. ??� s.a R9--O— deo _ S m , Ti u a I. N` h 4' .t. .f11, -i • • ! a Lr rm F Y�J7LZ/. �y`L t vi, r i. C‘j-Pte - —z_ tii'1S rn VI !;. • h • tp • CC -ti... ti%•f BOJ-•Lv£% -<'iJ� ... \r„, r • 14 • o a 11 ;-.1p .:.._.� O nz" .N� NN I y T • �" '� ll., V,i u ti n ° ' Nip 1-1 /vJy ainO . l1J • I O • r 1' La+ i2 ir! • J, 4. afr/3.._.�. - •-- -.- - •- - o Fig,o.e �� i �/ m • — *a ,7 Iv N.Al^'I i� `....'.1L'.:,`�V�later_.. .— .. I \ C r�' I I tu • �_ / / • L • Q) J I_ly y.�K,>•J J)J ,,Q'r - J \ _ `' .._ is Lw�ry0{x�. kW , I'• J`'. CI. _...__..._I- i-- _ �J. QUO , _ , ; ,..., ; s•-•• . \ ,,; „Lir,. ,.., II N . C , ti '0t ) .r„ . , --7-. -... -..___.. y . 'err• . ;' /� /J:':A-13OS-h + 1. C Q Chd d w. . —0_a_q/ ._Z,7o," o._. "' "X10© Oi % aoo 1. 1 'I.o �•©y0M ' M I ho v p • ' -14 ^a•C) . .. • i ',d•ev r,Q© ^J . .,t0 'v c, . 4 C • n•�. • �j n V) �d �, SOCK — • • • 'Zn.. fl a>~. 332 c 9 • _.,,,.a ,L unaerstocd and agreed that the Lessee shall maintain and preserve the desirable trees and shrubs and it is specifically understood that removal of any living tree shall be prohibited withrntt thP.ir,-;4+4„ : -- -,.,, 800 Lincoln Way,Ames,Iowa 50010 515-239-1477(1'bL) 515-233-7859(FAX#) January 20, 1999 When Communicating Refer To: Black Hawk County I-I G-3 80-7(26)315--04-07 Parcel No. 37 Lease No. 7-434-5 The Honorable John Rooff Mayor of Waterloo 715 Mulberry Street Waterloo IA 50703 Dear Mayor Rooff: Enclosed is your approved and recorded copy of the above referenced lease with the Iowa Department of Transportation for property located on the above project. Thank you for your participation in our property management program. Sincerely, Deanne Popp Property Management Project Development Division :DP Enclosure c: Noel Anderson, City of Waterloo Planning&Zoning bc: P.Hassenstab Waterloo RCE Waterloo AME Parcel File This Resolution prepared by Nancy Eckert, City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 1998-764 RESOLUTION APPROVING LEASE AGREEMENT WITH THE DEPARTMENT OF TRANSPORTATION AND DIRECTING EXECUTION OF SAID AGREEMENT BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Lease Agreement dated December 7, 1998, to place the U. S. Cellular stealth tower adjacent to the future Welcome to Waterloo sign between Highway 218 and Texas Street, by and between Iowa Department of Transportation, and the City of Waterloo, Iowa, be and the same is hereby approved, and the Mayor authorized to execute the same in behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 7th day of December, 1998 . 4400 '`'ss - �! Joh R. '•off, Mayor 1 ATTEST: Yd, Nancy Ec /rt, City Clerk