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HomeMy WebLinkAboutWillard Frost - Lease Agreement - 4.17.2006 -FOS CITY OF WATERLOO, IOWA LEASE AGREEMENT for CITY-OWNED PROPERTY This Agreement made and entered into this/7 day of 9pr' > 2006, by and between the City of Waterloo, Iowa (h re einafter referred to as "City"), and Wj )/or "r057— (hereinafter referred to as "Lessee"). 1. The City agrees to allow the Lessee to use and occupy City property generally located adjacent to Martin Luther King Jr. Drive and Bishop Avenue, and legally known as the parcel numbers listed on Exhibit "A", attached hereto and made a part hereof by this reference. 2. The City agrees to allow Lessee to use and occupy the aforementioned City property for a term commencing on the 18th day of April , 2006, and terminating on the 1St day of January , 2007. The Lessee agrees to pay the City $1.00 per year for use of said City property during said term. 3. The City may terminate this Agreement upon thirty (30) days' written notice if the City needs the use of said City property for its own purposes. As the applicant is using the land for crop production, the city would need to reimburse the lessee for any crops in production at the time of termination. Lessee may terminate this Agreement upon thirty (30) days' written notice to the Waterloo Community, Planning, and Development Department. The full amount of the payment is due and no annual amount would be refunded if termination were to occur within the lease period. 4. 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, actions, causes of action, and/or damages which may arise or allegedly arise out of Lessee's use of the aforementioned City property, either to the City's property, or to any other person who may claim injury by and/or through, as a result of the alleged activity on City's property as aforesaid. Lessee further agrees to indemnify and hold the City harmless for any and all damages or injury which may occur to Lessee's livestock as a result of the alleged activity on City's property as aforesaid. Lessee further agrees to indemnify and hold the City harmless for any and all damages or injury which may occur to Lessee's livestock as a result or consequence of the use of the City property. 5. 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 and delivered to the City and the Lessee. This Frost.southlease2006/28-Mar-06 occupancy agreement and the terms and conditions herein apply and are binding on the legal representative, and successors and assigns of both parties. EXECUTED THIS /7 DAY OF ;9jP f 2006. CITY OF WATERLOO LESSEE: APPROVED BY: G a ) By: Gt/,, � �J rig Mayor r� 1em ATTEST: cL City Irk CITY'S ACKNOWLEDGME NT: STATE OF IOWCOUNTY, SS: On this , AD 2006, before me, the undersigned a said County, in said State, personally appeared and to me peson II known, w , before by me dulysworn, did say that they are the MAYOCLERK, respectively, of said City executingthe within and that the seal affixed foregoing instrument to which this is attached, thereto is the seal of said City; that said instrument was signed and sealed on bIf of said City by authority of it's City Council; and that the said MAYOFy�aJ Y CLERK, acknowledged the execution of said instr4Nota be the voluntar+Coty said City, by it and by them voluntarily ex ublic in and for Frost.south lease2006/28-Mar-06