HomeMy WebLinkAboutIowa National Guard - Lease Agreement - 6/19/2006 CITY OF WATERLOO, IOWA
LEASE AGREEMENT
for
CITY-OWNEWROPERTY
This Agreement made and entered into this � day of -:J�cnt 2006, by
and between the City of Waterloo, Iowa (hereinafter referred to as "City"), and Iowa National
Guard (hereinafter referred to as "Guard").
Whereas, the City owns the airport property and the Guard owns a facility of about 4.68
acres adjacent to the airport, and
Whereas, the Guard desires to lease the property legally described as:
{The South 125' of Tract B, MidPort America Plat No. 1, City of Waterloo, Black Hawk
County, State of Iowa}
for the construction of a shared parking lot for itself and for development in the northerly
portion of Tract B.
With an easement retained over the southerly 30' of Tract B, MidPort America Plat No.
1, City of Waterloo, Black Hawk County, Iowa for sanitary sewer.
Now therefore, be it agreed as follows:
1. Premises. The City agrees to lease approximately 1.63 acres as described
above to Guard.
2. Term. The lease shall begin July 1, 2006 and continue for 25 years.
1 . Rent. The Guard shall pay $1.00 to the City of Waterloo on the first day of the
commencement of this lease.
4. Improvements. The Guard shall construct at Guard expense, and maintain
through a shared maintenance agreement, all improvements to the area to be
leased. All improvements to the area to be leased shall be in accordance with
City of Waterloo codes and ordinances. The shared maintenance agreement
shall be between the Guard and the developer of the land abutting to the north.
The shared maintenance agreement shall only become effective once the
parcel abutting to the north is developed. The improvements shall include a
storm water plan to be approved by the City of Waterloo. The plan shall also
take into consideration the means of allowing storm water from the northerly
abutting lot to flow through this area if deemed necessary by the City. The City
shall not be responsible for any maintenance of the Improvements on leased
land.
5. The Guard shall obtain and maintain, at Guard expense, all permits necessary
for operations.
6. The Guard shall not assign, transfer, sublease, pledge, surrender or otherwise
encumber or dispose of this lease or any portion thereof, or permit any other
person(s), company or corporation to occupy the premises without the prior
written approval of the City.
7. At the end of the term, or sooner as allowed by this lease, the premises shall be
8. 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.
Guard may terminate this Agreement upon thirty (30) days written notice to the
City of Waterloo Community, Planning, Programming, 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.
9. In consideration of the extension of this Agreement to the Guard and consistent
with Article VII, Section 1 of the Iowa Constitution and Iowa Code Chapter 665,
the Guard 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 Guard'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.
10. 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 Guard. This
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 /9A DAY OF _U4n-e 2006.
CITY OF WATERLOO GUARD: APPROVED
8TA :OM F R ARMORY BOARD
APPROVED BY: By;
Mayor Quartermast_��.L
lam
ATTEST:
City 9erk
CITY'S ACKNOWLEDGMENT:
STATE OF IOWA, L COUNTY, SS:
On this_JtV�- day of AD 2006, before me, the
unersi ned, a Notary Public in and f r said County, in said State, personally appeared
�Tik and A,v�u�t � kr`�
to me person Ily known, who, before by me duly sworn, did say that they are the MAYOR and
CITY CLERK, respectively, 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 of said instrument to e the voluntary
act and deed of said City, by it and by them voluntarily ex ut
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