HomeMy WebLinkAboutNational Guard Lease Agreement. 11.09.2020AVIATION NO FEE AGREEMENT
1. NATURE OF THIS AGREEMENT: This is an Agreement for the use of real
property located at _Black Hawk County Plot ID: 8912-06-351-003 also known as the
Virden Creek Dam (legal description on Attachment A)
by the Iowa National Guard (Guard) for routine aviation training conducted pursuant to
state or federal training requirements. This training requires a rural non -populated
training area. Aviation training may be conducted both day and night with one or more
aircraft, but not between 2200 and 0700 hours. No ground personnel or vehicles are
routinely involved with this training. Ground vehicles may need to be used for recovery
operations. Activities generally will be as indicated on Figure 16-1 attached hereto.
2. PARTIES TO THIS AGREEMENT: The parties to this Agreement are the Iowa
National Guard and City of Waterloo Iowaue) , the
owner of the land (Owner).
3. THE PARTIES ALSO AGREE AS FOLLOWS:
a. The Owner herby grants permission to the Iowa Army National Guard to enter
upon, use and remain on the above land for aviation training activities indefinitely or
from 12 AUG 2020 to 31 AUG 2040 , subject to earlier termination
as set forth in Section 4.
b. This agreement is given voluntarily as an accommodation to the Iowa National
Guard, and is without cost to the Iowa National Guard and its officers and members. The
Owner will not provide services, supplies, or other utilities for which reimbursement is
expected.
c. The Iowa National Guard agrees that aviation training activities will be
conducted on land specifically designated by the Owner, and that such activities will not
interfere in any way with known activities, persons or livestock.
d. The Iowa National Guard will not erect any buildings or other structures upon
the land. The Iowa National Guard will make no improvements to the land, other than
removal and general cleanup of debris that may be caused by the aviation training
activities. The property will be left in or restored to its pre -event condition.
e. No harm or damage to the land, including trees, shrubberies, or crops, is
anticipated in connection with the training exercise, nor are claims against the Owner for
injuries to Iowa National Guard personnel or others participating in the training,
however; should such harm, damage or claims occur, any and all claims for damages will
be processed and awarded consistent with Article VII, Section 1 of the Iowa Constitution,
Iowa Code Chapter 669, and the Federal Tort Claims Act, 28 U.S.C. 2671-2680.
SUBJECT: Aviation NO FEE Agreement — (Insert WET Site name here)
f. Subject to this paragraph, the Guard's use of the real estate shall be exclusive
only during those time periods when the Guard is using the real estate, and the Owner
shall not allow any other person or entity upon the real estate without prior coordination
with the training area commander. The Guard shall make use of the real estate during
those times required for the mission during training periods and at such other times as
may be agreed by the Guard, through its training area commander, and the Owner. The
Guard shall provide reasonable advance notice to the Owner of any training period.
Notwithstanding the foregoing, the Owner, its employees and agents, shall have access to
and use of the real estate in any situation where an emergency exists that involves the real
estate, and shall make reasonable effort to notify the training area commander of any
such use during a Guard training period. Further, the Owner, its employees, contractors
and agents, shall have use of the real estate for any municipal purpose at any time that is
not a Guard training period.
The Guard agrees that it shall be responsible for all injuries to its personnel or
personnel of other agencies participating in the training, and damage to the equipment or
property of the Guard, other agencies, or such personnel, where such injuries or damage
occur in the line of duty and not due to the negligent or willful conduct of the Owner, and
the Guard shall hold the Owner harmless from any claims, demands, causes of action,
expenses, costs, or liabilities of any type or nature whatsoever, including but not limited
to attorneys' fees and expenses, arising from or in connection with such injuries or
damages.
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g. The Iowa National Guard designates -GOL Tirietlry Eieh
(Rank, Name)
Commander of _Army Aviation Support Facility, 2245 West Big Rock Road Waterloo
Iowa 50701_, _319 234-1372_,
(Unit & Address) (Telephone number)
Point of Contact for the Iowa National Guard for the purposes of providing information
regarding this Agreement. The Owner designates Jamie Knutson, City Engineer, 715
Mulberry Street, Waterloo, Iowa 50703, phone 319-291-4312, as the Owner's point of
contact for purposes of this Agreement.
4. TERMINATION: This Agreement may be terminated at any time by either party by
providing the other party at least thirty (30) days written notice, via certified, return -
receipt -requested United States Mail.
5. EFFECTIVE DATE: This Agreement shall become binding and effective upon
approval by the State of Iowa Armory Board.
6. ENTIRE AGREEMENT; AMENDMENT: This Agreement represents the entire
agreement of the parties pertaining to its subject matter and supersedes all prior or
contemporaneous understandings or agreements. This Agreement may be amended only
by a written instrument duly executed by the parties.
CITY OF WATERLOO, IOWA
Mayor
Iowa ARNG Form 350-46, Agreement
SUBJECT: Aviation NO FEE Agreement — (Insert WET Site name here)
(Commander, Aviation Unit) (Landowner)
3b&1 2Ci2 o
Council Approved November 9, 2020
(Date) (Date)
Iowa ARNG Form 350-46, Agreement
Attachment A
Virden Creek Dam Legal
That part of the Southwest Fractional Quarter of Section six, Township Eighty-nine North, Range Twelve
West of the Fifth Principal Meridian, Black Hawk County, Iowa, described as follows: Beginning at a point
on the West line of said Southwest Fraction Quarter which is one thousand eight hundred fifty-one and
Sixty-seven hundredths (1851.67) feet North of the Southwest corner of said section six; thence
N89°25'18"E a distance of Four Hundred Thirty -Eight and Eighty-eight hundredths (438.88) feet; thence
S33°49'24"W a distance of One Hundred Fifty-three and Four tenths (153.4) feet; thence S69°15' 02"E a
distance of Two Hundred Twenty and Seventy-four Hundredths (220.74) feet; thence N33°50'26"E a
distance of seventy (70) feet; thence S56°09'17"E a distance of One Hundred Twenty-six and Thirty-one
hundredths (126.31) feet; thence S14°12'09"E a distance of One Thousand One Hundred Sixty-seven and
Seventy-six hundredths (1167.76) feet; thence N75°46'49"E a distance of Three Hundred (300.0) feet;
thence N14°12'14"W a distance of Four Hundred Five (405.0) feet; thence N66°00'06"E a distance of
Four Hundred Thirty -Three and eight tenths (433.8) feet; thence S52°42'55"E a distance of One
Thousand Five Hundred Forty-three and Ninety-five hundredths (1543.95) feet to a point on the East
line of said Southwest Fractional Quarter which is One Hundred Ninety-eight (198.0) feet North of the
Southeast corner of said South-west fractional quarter; thence N01°14'05"W a distance of Four Hundred
Ninety-one and Five Tenths (491.5) feet along the East line of said Southwest Fractional Quarter; thence
N50°40'34"W a distance of One Thousand Seven Hundred Twenty-five and Nine Tenths (1725.9) feet;
thence N86°08'26"E a distance of Four Hundred Sixteen and Two Tenths (416.2) feet; thence
N63°14'36"E a distance of One hundred Thirty-six and Five Tenths (136.5) feet; thence N26°52'30"W a
distance of Fifty-two and Seventeen Hundredths (52.17) feet to the South line of the North Forty-seven
Acres of said Southwest Fractional Quarter; thence S89°25'18"W a distance of One Thousand Nine
Hundred Seventy-two and Twelve Hundredths (1972.12) feet to the West line of said Southwest
Fractional Quarter; thence S00°00'E a distance of Sixty feet to the point of beginning, containing 37.61
Acres including present established Road.
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