HomeMy WebLinkAboutRottinghaus - Lease Agreement - 2/6/2006 CITY OF WATERLOO, IOWA
LEASE AGREEMENT
for
CITY-OWNED PROPERTY
-�h
This Agreement made and entered into this1L day of 2006, by
and between the City of Waterloo, Iowa (hereinafter referre to as "City"), and
(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. Parkway and Bishop Avenue, 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 day of 2006, and terminating on
the . day of , 2008. The Lessee agrees to pay the City $990.00 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 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 Cv�h DAY OF TQ Grka r�,, 2006.
CITY OF WATERLOO
--- LESSEE:
APPROVED BY:
By:
Mayor
ATTEST: ��
City rk
CITY'S ACKNOWLEDGMENT:
STATE OF IOWA, r COUNTY, SS:
On this �� day of AD 2006, before me, the
undersigned a Notary Public in and for said n , in said State, personally appeared
and
to me personally k own, who, before 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 s 'd instrument to be the voluntary
act and deed of said City, by it and by them voluntarily ex ut
Nota Public in and for sa ounty
Exhibit"A"
Legal:
A PARCEL OF LAND LOC IN THE SE SW THE NE SW AND THE NW SE ALL IN SEC 20 T 89
R 12 DESC AS FOL: COM AT THE SW COR OF THE SE 1/4 OF SAID SEC 20 TH S 89 DEG 32
MIN 32 SEC W ON THE S LINE OF THE SW 1/4 OF SAID SEC 20 A DIST OF 663.43 FT TO
THE SW COR OF THE E 1/2 OF THE SE SW OF SAID SEC 20 TH NW ON THE W LINE OF
THE E 1/2 OF THE SE SW OF SAID SEC 20 A DIST OF 1289.91 FT TO THE PT OF BEG OF
THE PARCEL HEREIN DESC THE NW ON THE W LINE OF THE E 1/2 OF THE SE SW OF
SAID SEC 20 A DIST OF 37.97 FT TO THE NW COR OF THE E 1/2 OF THE SE SW OF SAID
SEC 20 TH NW ON THE W LINE OF THE E 1/2 OF THE NE SW OF SAID SEC 20 A DIST OF
646.85 FT TO THE SELY ROW LINE OF THE UNION PACIFIC RR TH NE ON THE SELY ROW
LINE OF THE UNION PACIFIC RR A DIST OF 78 DEG 38 MIN 06 SEC 93.70 FT TO THE N
LINE OF THE S 1/2 OF THE NE SW OF SAID SEC 20 TH N 89 DEG 34 MIN 40 SEC E ON THE
N LINE OF THE S 1/2 OF THE NE SW OF SAID SEC 20 A DIST OF 568.51 FT TO THE NE
COR OF THE S 1/2 OF THE NE SW OF SAID SEC 20 TH N 89 DEG 26 MIN 35 SEC E ON THE
N LINE OF THE S 1/2 OF THE NW SE OF SAID SEC 20 A DIST OF 396.44 FT TH SWLY ON A
502.96 FT RADIUS CURVE CONCAVE NWLY AND HAVING A 469.69 FT LONG CHORD
BEARING S 37 DEG 53 MIN 03 SEC W A DIST OF 488.69 FT(ARC LENGTH)TH S 65 DEG 46
MIN 38 SEC W A DIST OF 828.62 FT TO THE PT OF BEG