HomeMy WebLinkAboutMichael Cook - Lease Agreement - 5.15.2023CITY OF WATERLOO, IOWA
LEASE AGREEMENT
for
CITY -OWNED PROPERTY
This Agreement made and entered into this k65 day of tk ay 2023, by and between the City
of Waterloo, Iowa (hereinafter referred to as "City'), and Michael Cook (Hereinafter referred to as "Lessee").
1. The City agrees to allow the Lessee to use and occupy City property generally located near 2570
WCF&N Drive, and legally described in Exhibit "A" attached here to and made a part here of by this
reference.
2. The City agrees to allow the Lessee to use and occupy the aforementioned City property for a term
commencing on the day of 2023, and terminating on the 31stday of December
2023. The Lessee agrees to pay the City $292.00 (3.65 acres @ $80 per acre) per year, for use of said
City property described in attached Exhibit "A" 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.
4. 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.
5. Lessee agrees to maintain the Property including all fenced areas. This will include reseeding and
fertilizing when necessary. Use of the property will be for row crops (corn/soybeans) and cover crops if
utilized.
6. Lessee shall not hunt nor permit any other person to hunt on the Property. If Lessee becomes aware of
trespassers on the Property, he will instruct them to leave the premises
7. 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 or 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.
8. Lessee shall, at its 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, its 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 May 31, 2023. 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, its agents or employees.
9. 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.
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 all fields (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.
10. 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.
11. 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.
12. 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. Loss or damage by forces beyond Lessee's control and ordinary wear and tear are
excepted.
13. 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.
14. If Lessee fails to observe any term or condition of 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.
15. 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.
16. 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. This Agreement is binding upon and shall inure to the
benefit of the parties and their respective heirs, personal representatives, successors and assigns.
EXECUTED THIS DAY OF
CITY OF WATER O
APPROVED BY: BY:
Quentin Hart, Mayor
ATTEST:
Kell= Felchle, City Clerk
CITY'S ACKNOWLEDGMENT
STATE OF IOWA COUNTY, SS:
On this day of lA 023 , fore me, the undersigned, a Notary Public in
and Apr sai County, in said per ly ppearedt&Y�
'It . �{ql� and[ appeared
to me personally known, who, before by me
duly s orn, did say that th are thhherMAYOR 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.
, 2023
BRITNI C PERKINS
COMMISSION NO. 845529
MY COMMISSION EXPIRES
JANUARY 27, 2026
d for said County
Exhibit"A"
Lot 2, except the south 227 feet, and Lot 3 of Northeast Industrial Park Plat No. 1, Waterloo, Black Hawk County,
Iowa