HomeMy WebLinkAboutLease Agreement City Owned Property - 2/6/2006 F7
CITY OF WATERLOO, IOWA
LEASE AGREEMENT
for
CITY-OWNED PROPERTY
This Agreement made and entered into this day of reGrLea any 2006, by
and between the City of Waterloo, Iowa (hereinafter referred to and Willard
Frost (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 legally described 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 15`" day of February 2006, and
terminating on the 15t" day of December , 2007. The Lessee agrees to pay the
City $90.00 per acre 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 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 �;.� DAY OF c ` 2006.
CITY OF WATERLOO LESSEE:
APPROVED BY: /� �J� By:
Mayor
ATTEST: -wu
Ci y Clerk
CITY'S ACKNOWLEDGMENT:
STATE OF IOWA, "oI - 1 COUNTY, SS:
On this day of AD 2006, before me, the
undersigned, a Notary Public in and for sai ounty, in said State, personally appeared
iM and LflA.vtru
to me personaly 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 be the voluntary
act and deed of said City, by it and by them voluntarily executed.
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Notk Public in and for s n
ounty