HomeMy WebLinkAbout2020_Cloverdale_Park_Contract.docCLOVERDALE PARK LEASE
This LEASE made and entered into this 9th day of June, 2020, by and between Black
Hawk County Board of Supervisors (Landlord) whose address for the purpose of this lease
is 316 E. 5th Street, Waterloo, Iowa and the City of Waterloo, Iowa, to be managed by the
Leisure Services Commission (Tenant) whose address for the purpose of this lease is 1101
Campbell Avenue, Waterloo, Iowa.
1. PREMISES AND TERM. Landlord, in consideration of the rent herein reserved
and of the agreements and conditions herein contained on the part of Tenant to be kept and
performed, leases to Tenant and Tenant rents and leases from the Landlord, according to
the terms and provisions herein, the following described parcel:
A four (4) acre rectangular tract having a three hundred fifty (350) feet
frontage on Longfellow Street and a five hundred fifty (550) foot frontage on
Midland Street, said site to be located approximately at the corner of
Longfellow Street and Midland Street, City of Waterloo, Black Hawk County,
Iowa,
As shown on Exhibit "A" attached hereto, for a term of three (3) years, commencing July 1,
2020 through June 30, 2023, upon the condition that Tenant pay rent therefor and
otherwise performs as this lease provides.
2. RENTAL. Tenant agrees to pay in advance to Landlord a rental fee of one dollar
($1.00) per year, in advance.
3. POSSESSION. Tenant shall be entitled to possession on the first day of the term
of this lease, and shall yield possession to Landlord at the time and date of the close of this
lease term, except as otherwise provided.
4. USE OF PREMISES. Tenant covenants and agrees that during the term of this
lease it shall not sublease the premises herein, but shall permit its use by the public as a
public park with emphasis on park use as a picnic area, baseball diamond and general play
field area.
5. QUIET ENJOYMENT. Landlord covenants that its estate in said premises is in fee
simple, free and clear of all liens, clouds and encumbrances, except that said premises are
security for general obligation bonds, and that the Tenant upon paying the rent herein
reserved and performing all the agreements to be performed by the Tenant as provided in
this Lease, shall and may peaceably have, hold and enjoy the premises for the term of this
Lease free from molestation, eviction or disturbance by Landlord or any other person or
legal entities whatsoever. Landlord shall have the right to use the premises as security for
general obligation bonds at any time without notice, subject to this Lease.
6. CARE AND MAINTENANCE OF PREMISES. The Landlord shall have no duty to
care for the premises whatsoever. Tenant shall care for and maintain the premises in a
reasonably safe and serviceable condition and shall be solely responsible for construction,
operation, maintenance, upkeep and all other aspects of the leased premises. Tenant
acknowledges Landlord has no responsibility or liability whatsoever for such maintenance
and operation. Also see Section 10 below.
7. SURRENDER OF PREMISES AT END OF TERM. Tenant agrees that it will
surrender the leased premises to Landlord upon the termination of this Lease. Tenant may,
at the expiration of the term of this Lease, or renewals thereof, or at a reasonable time
thereafter, remove any fixtures or equipment which Tenant has installed on the leased
premises. Continued possession beyond the expiration date of the term of this Lease by the
Tenant coupled with receipt of the specified rental by Landlord, shall constitute a year -to
year extension of this Lease. Either party, however, may terminate this Lease upon thirty
(30) days' notice in writing given to the other by ordinary mail or delivered personally.
8. ASSIGNMENT OR SUBLETTING. Tenant agrees and understands that the
premises shall not be assigned or sublet.
9. SPECIAL ASSESSMENT. All special assessments shall be the responsibility of the
Tenant.
10. INDEMNITY AND LIABILITY INSURANCE. Except as to any negligence of the
Landlord, Tenant will protect, indemnify and hold harmless Landlord from and against any
and all loss, damage and expenses occasioned by, or arising out of, any accident or other
occurrence causing injury and/or damage to any person or property, happening or done in,
upon, or about the leased premises, or due directly or indirectly to the tenancy, use, or
occupancy thereof, or any part thereof, by Tenant or any person claiming through or under
Tenant. Tenant further covenants and agrees that it will, at its own expense, procure and
maintain casualty and liability insurance in a responsible company or companies
authorized to do business in the State of Iowa, in amounts of not less than $100,000 for any
person injured and $500,000 for any one accident, with a limit of $25,000 for property
damage, and protecting Landlord against such claim, damages, costs or expenses by reason
of such casualty, accident or other happening on or about the leased premises during the
term thereof. Tenant shall provide a Certificate of Insurance naming Black Hawk County as
an additional insured.
11. PROVISIONS TO BIND AND BENEFIT SUCCESSORS AND ASSIGNS AND
SUBLESSES. Each and every covenant and agreement herein contained shall extend to and
be binding upon the respective successors, assigns and sublessees of the parties hereto
(not withstanding restrictions herein with respect to assignment and subletting).
12. NOTICES. All notices required under this Lease shall be as follows: For Black
Hawk County Board of Supervisors, Chris Schwartz, Chair, or subsequent Chair, in care of
the Black Hawk County Board of Supervisors, 316 East Fifth Street, Waterloo, Iowa 50703.
For the City of Waterloo, Iowa, to Paul Huting, or subsequent Director of Leisure Services
Commission, 1101 Campbell Avenue, Waterloo, Iowa 50701.
CITY ACKNOWLEDGMENT
CITY OF WATERLOO, IOWA
By:
Quentin M. Hart, Mayor
ATTEST:
Kelley Felchle, City Clerk
State of Iowa
)
) ss
Black Hawk County)
On this day of , 2020, before me, the undersigned, a Notary Public in
and for the State of Iowa, personally appeared Quentin M. Hart and Kelley Felchle, 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, Iowa; 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 City Council, as contained in the Resolution under council
Action No. of the City Council on the day of , 2020, and that Quentin M.
Hart and Kelley Felchle acknowledged the execution of the instrument to be their voluntary act
and deed and the voluntary act and deed of the corporation, by it voluntarily executed.
Notary Public in and for the State of Iowa
COUNTY ACKNOWLEDGMENT
COUNTY OF BLACK HAWK, IOWA
By:
Chris Schwartz, Chair
Board of Supervisors
ATTEST:
Grant Veeder, County Auditor
State of Iowa
)
) ss
Black Hawk County)
On this 9th day of June, 2020 before me, a Notary Public in and for the State of Iowa personally
appeared Chris Schwartz and Grant Veeder, to me personally known, and who being duly sworn,
did say that they are the Chairperson of the Board of Supervisors and County Auditor
respectively, of the County of Black Hawk, Iowa; that the seal affixed to the foregoing instrument
is the seal of Black Hawk County and the instrument was signed and sealed on behalf of the
County by Authority of the Board of Supervisors, as contained in action passed by the Board of
Supervisors on the 9th day of June, 2020, and Chris Schwartz and Grant Veeder acknowledged
the execution of the instrument to be their voluntary act and deed and the voluntary act and
deed of the County, by it voluntarily executed.
Dana Laidig
Notary Public in and for the State of Iowa