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HomeMy WebLinkAboutCloverdale - Park Lease - 5.15.2023CLOVERDALE PARK LEASE This LEASE made and entered into this 6th day of June, 2023, by and between Black Hawk County Board of Supervisors ("Landlord") whose address for the purpose of this lease is 316 E. 5th Street, Waterloo, Iowa and the City of Waterloo, Iowa, to be managed by the Leisure Services Commission ("Tenant") whose address for the purpose of this lease is 1101 Campbell Avenue, Waterloo, Iowa. 1. PREMISES AND TERM. Landlord, in consideration of the rent herein reserved and of the agreements and conditions herein contained on the part of Tenant to be kept and performed, leases to Tenant and Tenant rents and leases from the Landlord, according to the terms and provisions herein, the following described parcel: A four (4) acre rectangular tract having a three hundred fifty (350) feet frontage on Longfellow Street and a five hundred fifty (550) foot frontage on Midland Street, said site to be located approximately at the corner of Longfellow Street and Midland Street, City of Waterloo, Black Hawk County, Iowa, As shown on Exhibit "A" attached hereto, for a term of three (3) years, commencing July 1, 2023 through June 30, 2026, upon the condition that Tenant pay rent therefor and otherwise performs as this lease provides. 2. RENTAL. Tenant agrees to pay in advance to Landlord a rental fee of one dollar ($1.00) per year, in advance. 3. POSSESSION. Tenant shall be entitled to possession on the first day of the term of this lease, and shall yield possession to Landlord at the time and date of the close of this lease term, except as otherwise provided. 4. USE OF PREMISES. Tenant covenants and agrees that during the term of this lease it shall not sublease the premises herein, but shall permit its use by the public as a public park with emphasis on park use as a picnic area, baseball diamond and general play field area. 5. QUIET ENJOYMENT. Landlord covenants that its estate in said premises is in fee simple, free and clear of all liens, clouds and encumbrances, except that said premises are security for general obligation bonds, and that the Tenant upon paying the rent herein reserved and performing all the agreements to be performed by the Tenant as provided in this Lease, shall and may peaceably have, hold and enjoy the premises for the term of this Lease free from molestation, eviction or disturbance by Landlord or any other person or legal entities whatsoever. Landlord shall have the right to use the premises as security for general obligation bonds at any time without notice, subject to this Lease. 6. CARE AND MAINTENANCE OF PREMISES. The Landlord shall have no duty to care for the premises whatsoever. Tenant shall care for and maintain the premises in a reasonably safe and serviceable condition and shall be solely responsible for construction, operation, maintenance, upkeep and all other aspects of the leased premises. Tenant acknowledges Landlord has no responsibility or liability whatsoever for such maintenance and operation. Also see Section 10 below. 7. SURRENDER OF PREMISES AT END OF TERM. Tenant agrees that it will surrender the leased premises to Landlord upon the termination of this Lease. Tenant may, at the expiration of the term of this Lease, or renewals thereof, or at a reasonable time thereafter, remove any fixtures or equipment which Tenant has installed on the leased premises. Continued possession beyond the expiration date of the term of this Lease by the Tenant coupled with receipt of the specified rental by Landlord, shall constitute a year -to year extension of this Lease. Either party, however, may terminate this Lease upon thirty (30) days' notice in writing given to the other by ordinary mail or delivered personally. 8. ASSIGNMENT OR SUBLETTING. Tenant agrees and understands that the premises shall not be assigned or sublet. 9. SPECIAL ASSESSMENT. All special assessments shall be the responsibility of the Tenant. 10. INDEMNITY AND LIABILITY INSURANCE. Except as to any negligence of the Landlord, Tenant will protect, indemnify and hold harmless Landlord from and against any and all loss, damage and expenses occasioned by, or arising out of, any accident or other occurrence causing injury and/or damage to any person or property, happening or done in, upon, or about the leased premises, or due directly or indirectly to the tenancy, use, or occupancy thereof, or any part thereof, by Tenant or any person claiming through or under Tenant. Tenant further covenants and agrees that it will, at its own expense, procure and maintain casualty and liability insurance through one or more financially stable carriers with a minimum AM Best rating of A- and authorized to do business in the State of Iowa, with minimum coverage limits as follows: a. General Liability Insurance providing coverage for liability arising out of the use, occupancy, or maintenance of the leased premises and all areas appurtenant, thereto, to afford protection with respect to bodily injury, personal injury, death or property damage of not less than One Million Dollars ($1,000,000) per occurrence combined single limit and Two Million Dollars ($2,000,000) general aggregate. Such coverage shall protect Landlord against such claim, damages, costs or expenses by reason of such casualty, accident or other happening on or about the leased premises during the term thereof. b. Umbrella Liability Insurance with limit not less than One Million Dollars ($1,000,000); and Tenant shall provide a Certificate of Insurance naming Black Hawk County as an additional insured. Certificate of insurance will be submitted to the Black Hawk County Board of Supervisors' Office prior to commencement of this Lease and shall include a thirty -day notice of cancellation provision. If Tenant fails to perform any of its insurance obligations under this Paragraph No. 10 of this Lease, Black Hawk County reserves the right to either purchase the required insurance coverage and assess the cost directly to the outside party, or to terminate this Lease. 11. PROVISIONS TO BIND AND BENEFIT SUCCESSORS AND ASSIGNS AND SUBLESSEES. Each and every covenant and agreement herein contained shall extend to and be binding upon the respective successors, assigns and sublessees of the parties hereto (not withstanding restrictions herein with respect to assignment and subletting). 12. NOTICES. All notices required under this Lease shall be as follows: For Black Hawk County Board of Supervisors, Linda Laylin, Chair, or subsequent Chair, in care of the BIack Hawk County Board of Supervisors, 316 East Fifth Street, Waterloo, Iowa 50703. For the City of Waterloo, Iowa, to Paul fluting, or subsequent Director of Leisure Services Commission, 1101 Campbell Avenue, Waterloo, Iowa 50701. CITY ACKNOWLEDGMENT CITY OF WATERLOO, IOWA By at Quentin M. Hart Mayor ATTEST: Kelley Fe le, City Clerk State of Iowa ) ) ss Black Hawk County) On this 1' day of V 2023, before me, the undersigned, a Notary Public in and for the State of Iowa, pe sonally appeared Quentin M. Hart and Kelley Felchle, to me personally known, and o, 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 under council l alu.-on 2b23-3z-{of the City Council on the lS day of lAct{,} , 2023, and that Quentin M. Hart and Kelley Felchle acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the — corporation, by it voluntarily executed. IOWA BRITNI C PERKINS COMMISSION NO. 845529 MY COMMISSION EXPIRES JANUARY 27, 2026 t e tate of Iowa COUNTY ACKNOWLEDGMENT ATTEST: Grant Veeder, County Auditor State of Iowa ) ) ss Black Hawk County) / +h On this AP— day of ), 2023 before me, a Notary Public in and for the State of Iowa personally ap ared Linda Laylin and Grant Veeder, to me personally known, and who being duly sworn, did say that they are the Chairperson of the Board of Supervisors and County Auditor respectively, of the County of Black Hawk, Iowa; that the seal affixed to the foregoing instrument is the seal of Black Hawk County and the instrument was signed and sealed on behalf of the County by Authority of the Board of Supervisors, as contained in action passed by the Board of Supervisors on the /p,—th day of 2023, and Linda Laylin and Grant Veeder acknowledged the execution of th nstrument to be their voluntary act and deed and the voluntary act and deed of the County, by it voluntarily executed. COUNTY OF BLACK HAWK, IOWA By: Linda aylin, Chair Board of Supervisors aP.tkL /OWP CHERYL L WALTER r COMMISSION NO.789803 * M COMgAIS I E(p ., 8 tatz_1-1: Notary Pub licin and for the State of Iowa / A� o® CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) E/3M/DDr 1/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER PDCM Insurance P.O. Box 2597 Waterloo IA 50704 CONT NAMEACT Janet Dufel, CPCU, CIC, CRM, CPIW PHONE FAX (A/c, No, Ext): 319-234-8888 (A/C, No): 319-234-7702 ADDRESS: jdufel@pdcm.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Travelers 40282 INSURED WATERLO-02 City of Waterloo 715 Mulberry Street Waterloo IA 50703-5714 INSURER B : Safety National Casualty Corp. INSURER C: INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 424044035 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBERPOLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY Y ZLP15P3053A 7/1/2022 7/1/2023 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $ 100,000 X 250,000 MED EXP (Any one person) $ PERSONAL & ADV INJURY $ 1,000,000 GEN'L X AGGREGATE POLICY OTHER: LIMIT APPLIES PRO- JECT PER: LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 $ A AUTOMOBILE X X X LIABILITY ANY AUTO ALL OWNED X SCHEDULED 8109157P459 7/1/2022 7/1/2023 COMBINED SINGLE LIMIT (Ea accident) $ 1 000 000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROP(Per accident) dent) RTY DAMAGE $ $ A X UMBRELLA LIAB EXCESS LIAB X O OCCUR CLAIMS -MADE ZUP51 N43500 7/1/2022 7/1/2023 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ DED X RETENT ON $ 10.000 $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N / A AGC4067097 7/1/2022 7/1/2023 X PER STATUTE OTH- ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) If required by written contract, Black Hawk County is an additional insured under General Liability policy. The carrier will endeavor to provide 30 day notice of cancellation, CERTIFICATE HOLDER CANCELLATION Black Hawk County 316 E. 5th Street Waterloo IA 50703 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2014/01) © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD