Loading...
HomeMy WebLinkAboutRuby Abebe - Lease Agreement - 1.18.2022LEASE AGREEMENT for CITY -OWNED PROPERTY WITH ECONOMIC DEVELOPMENT POTENTIAL This Lease Agreement (the "Agreement") is made and entered into as of JQ f a I Z022 by and between the City of Waterloo, Iowa ("City"), and Ruby Abebe ("Lessee"). 1. Premises The City agrees to allow the Lessee to use and occupy City property (the "Property") which is a bare lot at the Southwesterly end of GT Drive, Waterloo, Iowa, and more particularly described in Exhibit "A" attached hereto and made a part hereof by this reference. Lessee shall use the Property only for growing vegetables for human consumption and shall not otherwise grow crops, cultivate the land, or use the Property for any other purpose whatsoever. The parties acknowledged that the activities contemplated by this Lease are being done pursuant to a grant that Lessee has obtained to provide opportunities to minorities for growing vegetables and becoming acquainted with farming practices. The intent is that all such activities shall be non-commercial in nature. The parties acknowledge that the Property not farm land and is held by City for economic development purposes. 2. Term, Rent. (a) The City agrees to allow Lessee to use and occupy the Property for a term commencing on January 1, 2022 and terminating on December 31, 2023, subject in any case to early termination as provided in Section 3. (b) As rental, the Lessee agrees to pay the City the sum of $100.00 upon execution of this Agreement and on or before January 1 of each year thereafter during the initial term or any renewal term of this Agreement. Any payment made is non-refundable in the event this Agreement is terminated by either party pursuant to Section 3 below. If rent is not paid by the due date(s), Lessee shall incur a late charge of $25.00. All rent is to be paid to the City of Waterloo, 715 Mulberry Street, Waterloo, IA, 50703, Attn: Community Planning & Development, or at such other place as the City may direct in writing. 3. EARLY TERMINATION; Compensation to Lessee. (a) Lessee agrees that the City may terminate this Agreement, as to any part or all of the Property, upon sixty (60) days' advance written notice if the City needs the use of the Property for its own purposes, including but not limited to a third -party economic development purpose, and Lessee hereby expressly waives any rights it may have under Iowa law that may require the giving of a different notice or the giving of notice by a specific date. Lessee hereby acknowledges and agrees that it takes and uses the Property subject to the risk of early termination, and Lessee hereby agrees to assume said risk. Lessee also may terminate this Agreement, in whole but not in part, upon thirty (30) days' advance written notice to the Waterloo Community Planning and Development Department. (b) As consideration for Lessee's agreement to allow early termination as set forth in the preceding paragraph, the City agrees that upon early termination, City shall reimburse Lessee for any input costs incurred by Lessee in the year of termination for which Lessee can provide written substantiation. Inputs may include, but are not necessarily limited to, seeds, seed or starter plants, fertilizer, herbicides and pesticides. 4. Care of Property. Lessee takes the Property in AS -IS condition, and City shall have no duty to prepare the Property in any way for Lessee's use. Lessee agrees to maintain the Property, including but not limited to controlling the growth of weeds, shrubs and trees, preventing the accumulation of debris, and properly disposing of trash and gardening waste. 5. Improvements; Services. Lessee shall erect no enclosed structures, but may place a removable shed, on the Property. Any improvements made to or upon the Property shall be done at Lessee's sole cost, expense and risk, Lessee shall not be entitled to any compensation or reimbursement for any improvements remaining upon the Property at the end of the Lease term, and upon termination of this Lease such improvements shall automatically become the property of City, free and clear of any claim, lien, encumbrance or interest of Lessee. Lessee shall be responsible for the cost of extending and using any utility services that Lessee deems necessary or desirable. 6. Livestock. No livestock are permitted on the Property. 7. No Hunting. Lessee shall not hunt nor permit any other person to hunt on the Property. If Lessee becomes aware of trespassers on the Property, it will instruct them to leave immediately. 8. Indemnity. Lessee hereby agrees to indemnify and hold the City, its officials, officers, employees and agents, harmless from and against any and all claims, demands, causes of action, fines, fees, penalties, damages and liabilities of any type or nature whatsoever, including but not limited to reasonable attorneys' fees, arising from or in any way connected with use of the Property in any manner, whether directly or indirectly, by Lessee, her employees, contractors, agents or invitees, and shall further indemnify the City for any damage to the Property caused by Lessee, her employees, contractors, agents or invitees. 9. Insurance. Lessee shall, at her own expense, procure and maintain comprehensive public liability insurance in the amount of not less than $500,000 per occurrence. Such insurance shall cover liability arising from the acts or omissions of Lessee, her employees and agents, and shall protect the City against such claims, damages, costs or expenses on account of injury to any person or persons, or to the property of same, by reason of such casualty, accident or other occurrence on or about the Property during the term of this Agreement. Certificates or copies of said policies, naming the City as an additional insured, and providing for thirty (30) days' advance notice to the City before cancellation, shall be delivered to City no later commencement of the Lease term. A renewal certificate shall be provided to the City prior to expiration of any policy. The City shall provide no insurance for the property or activities of the Lessee, her employees, contractors, agents or invitees. 5. Third -Party Rights. No person or entity who participates in any program operated by Lessee on the Property shall acquire any right, title or interest in or to the Property or this Lease. 11. Chemicals. (a) Lessee shall comply with all applicable environmental laws concerning application, storage and handling of chemicals (including, without limitation, herbicides and insecticides) and fertilizers. Lessee shall apply any chemicals used for weed or insect control at levels not to exceed the manufacturer's recommendation for the soil types involved. Farm chemicals may not be stored on the Property. Chemicals used on the Property shall be stored in clearly marked, tightly closed containers. No chemicals or chemical containers will be disposed of on the Property. Application of chemicals for agricultural purposes per manufacturer's recommendation shall not be construed to constitute disposal. Lessee shall immediately notify City of any chemical discharge, leak, or spill which occurs on the Property. 2 (b) Lessee shall employ all means appropriate to insure that well or ground water contamination does not occur, and shall be responsible to follow all applicator's licensing requirements. Lessee shall properly post the Property (when posting is required) whenever chemicals are applied by ground or air. Lessee shall not dispose of any substances, including but not limited to waste oil, tires, batteries, paint, other chemicals or containers, anywhere on the Property. Solid waste may not be disposed of on the Property. Dead livestock may not be buried on the Property. No underground storage tanks shall be placed or maintained on the Property. (c) After termination, Lessee shall remain liable for violations which occurred during the term of this Agreement. 12. City Access. The City may enter the Property at any reasonable time for the purpose of consulting with Lessee, viewing the Property, making improvements, or for other reasonable purposes that do not interfere with Lessee's ability to use the Property as provided herein. 13. No Sublease or Assignment. Lessee shall not lease or sublet any part of the Property nor assign this Agreement to any other person without the prior written permission of the City. 14. Condition at End of Term. Lessee agrees that on termination of the Agreement, Lessee will yield possession of the Property to City without further demand or notice, in as good order and condition as at the beginning of the term of this Agreement. 15. No Joint Venture. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between City and Lessee nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 16. Default. If Lessee fails to observe any term, condition, requirement or restriction set forth in this Agreement, including but not limited to the payment of rent, it shall be in default of this Agreement, and City may then exercise any and all legal remedies available under applicable law. In the event of default Lessee shall be liable for any and all damage or loss suffered or incurred by City, including but not limited to reasonable attorneys' fees and expenses incurred in connection with the exercise of any right or remedy by City. 17. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person or by United States certified mail, postage prepaid, and addressed to the other party at its last known address. Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, or (ii) three (3) business days following the date of deposit if mailed by United States certified mail, postage prepaid. 18. Miscellaneous. This Agreement contains the entire Agreement between the parties. None of the covenants, provisions, terms or conditions of this Agreement will in any manner be modified, waived, or abandoned, except by written instrument duly signed by both parties. This Agreement is binding upon and shall inure to the benefit of the parties and their respective heirs, personal representatives, successors and permitted assigns. IN WITNESS WHEREOF, the parties have executed this Lease Agreement by their duly authorized representatives as of the date first set forth above. 3 CITY 0 WA ERLOO By: js Attest: CTTY'S ACKNOWLEDGMENT: STATE OF IOWA, BLACK HAWK COUNTY, SS: Acknowledged before me on J 4\ ut V\ 2ou. , by Mau.tor and City Clerk, respectively, of the City of Waterloo, Iowa. ro'Ttm W NANCY HSGBY COMMISSION NO.766229 My r M _41.SSIQ F 'JRES LESSEE'S ACKNOWLEDGMENT STATE OF IOWA, BLACK HAWK COUNTY Acknowledged before me on 4 Fuss and Kelley Felchle, as by Ruby Abebe. Patv /6,9 / Notary Public EXHIBIT "A" PROPERTY DESCRIPTION The West 50 feet of Lot 14, Northeast Industrial Park Plat No. 3, City of Waterloo, Iowa.