HomeMy WebLinkAboutHeartland Vineyard Church - Lease Agreement - 3/6/2006 LEASE
This Lease Agreement is made and entered into this to day of kKca vc-(-. 2006, by
and between the City of Waterloo, Iowa(Lessor), a duly organized municipal corporation in the
State of Iowa and whose address for purposes of this Agreement is 715 Mulberry Street,
Waterloo, Iowa, 50703, and Ht&vA-1M�0( b,uty.,,d C-6.Aessee) whose address for purposes
of this Lease Agreement is 722 S o,.;tL, H«.ire+{�, u krion , in consideration of the mutual
covenants and promises contained in this Agreement, and for other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged.
1. Subiect Property. Lessor leases to Lessee the following legally described property:
303 Jefferson Street, Waterloo, Iowa
also legally described as: ORIGINAL PLAT WATERLOO WEST LOT 6 BLOCK 5 LOT 7
BLOCK 5 LOT 8 BLOCK 5, CITY OF WATERLOO, BACK HAWK COUNTY, IOWA.
2. Use of'Premises. Lessee shall be entitled to use the leasehold premises for
purposes. Lessee shall not, however, use or allow the use,
storage, or presence on the leasehold any hazardous substance as defined in Iowa
Code §455B.381(5) (2001) and any amendments thereto or federal law. Any
hazardous substance which contaminates the leasehold shall be the sole responsibility
of Lessee regardless of the timeframe in which the hazardous substance is discovered.
3. Term of Lease. This Lease shall commence on the ZSR` day ofyKavv—t-. 2006,
and expire at the end of one month thereafter. If agreed by both parties, the lease
shall continue on a monthly basis thereafter.
4. Termination. The lease shall end June 30, 2006. No written notification by Landlord
shall be required.
5. Rent. By the first day of each month, Lessee agrees to pay Lessor Five Hundred
Dollars ($500.00)per month, for the right to lease the subject property. If the lease is
terminated during a month with remaining days for which the rent is paid, the Lessor
shall pay the Lessee $16.00 per day for the remaining days in that month.
6. Utilities. Lessee shall be solely responsible for its own utilities, including the separate
metering, billing, and payment of utility services consumed by Lessee's operations.
7. Taxes. Lessee shall pay all personal property taxes owed as may be determined by
Black Hawk County.
8. Repairs. Lessee shall be solely responsible for all repairs, alterations, or
modifications to the leasehold. All alterations, modifications, or repairs shall be
conducted in strict compliance with all applicable laws.
9. Insurance. Lessee shall maintain for the life of this Lease Agreement, in full force
and effect, a policy of commercial general liability insurance with limits of not less
than one million dollars and name Lessor as an additional insured under the policy.
An insurance certificate shall be provided to Lessor's City Clerk within ten (10) days
of the execution of this Lease Agreement.
10. Indemnification. Lessee shall indemnify and hold Lessor harmless from and against
any loss, damage, or injury caused by or on behalf of or through the fault of Lessee,
its employees or agents or anyone for whom Lessee may be liable as a result of
Lessee's presence upon the leasehold.
11. Removal oflmprovements. The parties agree that any improvements to Lessee's
personal property shall not be considered fixtures and Lessee at all times shall be
authorized to remove the improvements from the leasehold. Upon the expiration or
earlier termination of this Lease Agreement, Lessee shall, if requested by Lessor and
at Lessee's sole expense, remove any above ground improvements from the leased
premises. If Lessor does not notify Lessee that Lessee must remove the
improvements, Lessee shall have the option of either removing or abandoning the
improvements, and in any event Lessee shall be entitled to abandon all footings,
foundations, and other below-ground improvements in place.
12. Binding Effect. All of the covenants, conditions, and provisions of this Lease
Agreement shall inure to the benefit of and be binding upon the parties to this
Agreement and their respective successors and assigns.
13. Entire Agreement. This Agreement constitutes the entire agreement between the
parties and supercedes any prior understandings or oral or written agreements
between the parties as to the within subject matter.
14. Modifications. This Lease may not be modified, except in writing signed by the party
against whom the modification is sought to be enforced.
15. Attorney's Fees. In any action on this Lease Agreement, at law or in equity, the
prevailing party shall be entitled to recover the reasonable costs of its successful case,
including reasonable attorney's fees and costs of appeal.
16. Notices.
Contact person for Lessee:
Q&V#- f4ATtWA v % w -tw lu d tiu � G4..mL,, or .let FwA
For Lessor: Donald Temeyer, Planning Director, 715 Mulberry Street, Waterloo, IA
50703
17. No Liens or Encumbrances. Lessee understands and agrees that it shall not allow any
encumbrances including mechanic's liens to be placed on the leasehold, which is the
subject of this Lease Agreement. In the event any encumbrances are placed on the
leasehold as the result of Lessee's actions or omissions, Lessee shall, at its sole
expense, immediately remove the encumbrance incurring all costs of the removal.
CITY OF WATERLOO, IOWA
By:
Tim Hurley, Mr
ATTEST:
Nancy Eckert,Uy Clerk
STATE OF IOWA )
s
BLACK HAW C TY )
On tf- day of 2006, before me, the undersigned, a Notary
Public in and for the State of Iowa, rsonally appeared Tim Hurley and Nancy Eckert, to me
personally known, and who, being by me duly sworn, did say that they are the Mayor and City
Clerk, respectively, of the City of Waterloo, Iowa; that the seal affixed to the foregoing
instrument is the corporate seal of the corporation, and that the instrument was signed and sealed
on behalf of the corporation by authority of its City Council as contained in the Resolution
adopted by the City Council, under Council Action No. JA 3 10 `3 of the City Council
on the ���' day of Ma r c 1 2006, and that Tim Hurley and Nancy Eckert
acknowledged the execution of the instrument to be their volun ary act and deed and the
voluntary act and deed of the corporation, by ' In t ily executed.
Q11
Notary Public in and for the StaTewa
LESSEE
By:
STATE OF IOWA )
ss.
BLACK HAWK COUNTY )
On this day of 2006, before me, the undersigned, a
Notary Public in and for the State of Iowa, personally appeared and
, to me personally known, and who, being by me duly sworn, did
say that they are the and , respectively,
of said corporation executing the within and foregoing instrument, that (no seal has been
procured by the said) (the seal affixed thereto is the seal of said) corporation; that said instrument
was signed (and sealed) on behalf of said corporation by authority of its Board of Directors; and
that the said and as such officers
acknowledged the execution of said instrument to be the voluntary act and deed of said
corporation, by it and by them voluntarily executed.
Notary Public in and for the State of Iowa