HomeMy WebLinkAboutWagner, Roberta and Dean P.-Lease Agreement-03.03.2008 3. 3- 0
CITY OF WATERLOO, IOWA
LEASE AGREEMENT
for
CITY-OWNED PROPERTY
This Agreement made and entered into this J day of
between the City of Waterloo, Iowa (hereinafter referred to as "Cit and - 2008, by and
"Lessee"). hereinafter referred to as
1. The City agrees to allow the Lessee to use and occupy City property located
along Bishop Avenue just south of the drainage way 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 dayof
terminating on the dayof , 2008, and
the Ci , 2008. The Lessee agrees to pay
ty $600.00 for use of said City property during said term.
3. The City may terminate this Agreement upon thirty (90) days' written notice if
the City needs the use of said City property for its own purposes.
Lessee may terminate this Agreement upon thirty (30) days' written notice to
the Waterloo Community, Planning, and Development Department.
4. Lessee agrees to maintain the City property including all fenced areas. This will
include reseeding and fertilizing when necessary. Lessee agrees to maintain the property as a
grass area only. Any damage caused by Lessee or by the result of grazing horses on property
in question, the property must be restored to its original condition upon the termination of
lease. Further, Lessee agrees that if flooding occurs, the horses will be removed to another
location until the land has dried and recovered sufficiently to allow grazing and pasturing
again.
5. Lessee agrees to remove upon termination of lease any and all fencing and
structures from the premises, returning the property to its original condition prior to leasing.
Lessee will adequately sign all electrical fencing.
6. Lessee will assume full responsibility for any and all horses escaping and agrees
to assume liability for any damage caused to the horses being at large or any injury or death
of horses while at large.
7. Lessee agrees to post adequate signs to keep hunters and trespassers off the
property. Lessee will be solely responsible for keeping trespassers off the property.
8. 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 horses 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 Horses as a result or
consequence of the use of the City property.
9. Lessee agrees to provide adequate insurance for the protection of the City
property and the Lessee's horses. Such insurance shall name the City as an additional
insured.
10. Lessee agrees to prohibit all engine-powered off-road vehicles and four-wheel
drive vehicles.
11. In the event any other person acquires a right of ingress and egress across the
City property, Lessee agrees to be responsible for any additional fencing, gates, and/or
maintenance, which may be necessary, at no cost to the City.
12. 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 3 DAY OF Flat L h , 2008.
CITY OF WATERLOO LESSEE:
APPROVED BY: By: �(y � U2; JZ,
Mayor
By:
ATTEST _ �c
Clerk
CITY'S ACKNOWLEDGMENT:
STATE OF IOWA, --bakie- '4AAAJ 1 -- COUNTY,SS:
On this 1 day of . a te , AD 20 , before me, the
undersied',"Ia,Notary Public in and for said County, in said State, personally appeared
rif YYt �]t�.Y l and Cuai akErt
to me personally-known, who, before by n`re 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 said instrument to be the voluntary
act and deed of said City,by it and by them voluntarily executed.
of y Public in and for sai ounty
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