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HomeMy WebLinkAboutWendell Lupkes - Lease Agreement - 5.15.2006 CITY OF WATERLOO,IOWA LEASE AGREEMENT for CITY-OWNED PROPERTY This agreement made and entered into this 1,51 day of YYIa, ,20,04,by and between the City of Waterloo,Iowa(hereinafter referred to as "City"), and Wendell Lupkes 4862 West 4th Street Waterloo,Iowa 50701 (hereinafter referred to asLessee"1 1. The City agrees to allow the Lessee to use and occupy City owned property located North of West Shaulis Road and between the Lessee's property at the address described above and the Southland Park subdivisions. The area is legally desribed in 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 I5' day of u v e , said 20 U(o and terminating on the 30`"` day of S� fzvi. ,20 Clo , The lessee agrees to pay the City for use of said City property during 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. Lessee may terminate this Agreement upon thirty(30)days written notice to the Waterloo Community,Planning,and Development Department. 4. Lessee agrees to maintain the City property including any and all fenced areas. Lessee agrees to to maintain the property as a grassy area for mowing and baling purposes for the Lessee to provide feed for horses. 5. In consideration of the extension of the 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 persons 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 that may occur to Lessee's equipment 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 equipment as a result or consequence of the use of the City property. 6. Lessee agrees to provide adequate insurance for the protection of the City property and the Lessee's equipment, and any and all persons involved in the alleged activity on the City property. 7. In the event any other person acquires a right of ingress and egress across the City property, Lessee agrees to be reponsible for any additional fencing,gates, and/or maintenance that may be necessary, at no cost to the City. 8. 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 abandonded, except by written instrument duly signed by both parties and delivered to the City and the Lessee. This occupancy agreement and the terms and conditions herein apply and are binding on the legal representative, and successors and assigns of boh parties. EXECUTED THIS ISS DAY OF Mj:; 1200(- CITY 00LCITY OF WATERLOO LESSEE ROVED BY: BY: Mayo l Wendell Lupkes 4862 W. 4th St. ATTEST: Waterloo,Iowa 50701 C' Clerk CITY'S ACKNOWLEDG ENT STATE OF IOWA, COUNTY, SS: On this day of ,AD 20 &_,before me, he undersigned,a Notary Public i and for said County, in said St a ersonally appeared and —tome personally known,who, before by me du sworn,did say that they are t Mayor and City Clerk,repectively,of said City executing the within and foregoing instrument to which this is attached,that the seal affixed thereto is the seal of said City,that said instrument was signed and sealed on behalf of said City by authority of it's City Council; and that the said Mayor and City Clerk,acknowledged the execution to be the voluntary act a d deed of id City, by it and them voluntarily exicuted. c Notary Public in and for sai unty EXHIBIT"A" SOUTHLAND PARK SUBDIVISION TRACT"A"EXCEPT THAT PART DESCRIBED AS BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT 108,SOUTHLAND PARK REPLAT OF PART OF SOUTHLAND PARK SUBDIVISION;THENCE NORTH 69 DEGREES EAST 458.32 FEET ALONG THE SOUTHERLY LINE OF SAID LOT 108,109,110&LOT 22&23 OF SOUTHLAND PARK SUBDIVISION;THENCE SOUTH 20 DEGREES 59 MINUTES 30 SECONDS EAST 50 FEET ALONG AN EXTENSION OF THE EASTERLY LINE OF SAID LOT 23;THENCE SOUTH 69 DEGREES 00 MINUTES 00 SECONDS WEST 458.26 FEET PARALLEL WITH&50 FEET NORMALLY DISTANT SOUTHERLY FROM SOUTHERLY LINE OF SAID LOTS 22,23, 108,109,& 110 TO POINT ON AN EXTENSION OF THE WESTERLY LINE OF SAID LOT 108; THENCE NORTH 21 DEGREES 01 MINUTES 34 SECONDS WEST 50 FEET TO THE POINT OF BEGINNING,EXCEPT LOT"E",A PART OF TRACT"A"OF SOUTHLAND PARK SUBDIVISION DESCRIBED AS FOLLOWS: BEGINING AT THE SOUTHEASTERLY CORNER OF LOT 107 OF SOUTHLAND PARK REPLAT OF SOUTHLAND PARK SUBDIVISION;THENCE SOUTH 69 DEGREES 37 MINUTES 55 SECONDS WEST 119.79 FEET ALONG THE SOUTHERLY LINE OF LOT 107 TO THE SOUTHWESTERLY CORNER OF SAID LOT;THENCE SOUTH 85.21 FEET ALONG THE EASTERLY LINE OF TRACT"B"OF SAID SUBDIVISION; THENCE NORTH 58 DEGREES 18 MINUTES 37 SECONDS 152.22 FEET TO A POINT ON AN EXTENSION OF THE EASTERLY LINE OF SAID LOT 107;THENCE NORTH 20 DEGREES 08 MINUTES 47 SECONDS WEST 50 FEET TO POINT OF BEGINNING AND SOUTHLAND PARK SECOND ADDITION TRACT"F"