HomeMy WebLinkAboutLupkes, Wendell-Lease Agreement-04.07.2008 CITY OF WATERLOO, IOWA
LEASE AGREEMENT
for
CITY-OWNED PROPERTY
41)
This agreement made and entered into this 7 day of pt/ 9 , 20281 by
and between the City of Waterloo, Iowa(hereinafter referred to as "City"), and Wendell
Lupkes, 4862 West 4th Street, Waterloo, Iowa 50701 (hereinafter referred to as
Lessee").
1. The City agrees to allow the Lessee to use and occupy City owned
property located North of West Shaulis Road and between the Lessee's property at the
address described above and the Southland Park subdivisions. The area is 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 i-5' day of May , 20 08, and
tegninating on the :UGH' day of 5r -- , 20 0£F3, The lessee agrees to pay the City
/0C> for use of said City property 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.
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 any and all fenced
areas. Lessee agrees to maintain the property as a grassy area for mowing and baling
purposes for the Lessee to provide feed for horses.
5. In consideration of the extension of the 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 persons 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 that may occur to Lessee's equipment 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 equipment as a result or consequence of the use of the City property.
6. Lessee agrees to provide adequate insurance for the protection of the City
property and the Lessee's equipment, and any and all persons involved in the alleged
activity on the City property.
7. 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 that may be necessary, at no cost to the City.
8. This agreement contains the entire Agreement between the parties. None of
the covenants, provisions, terms or 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 7 DAY OF RP r i I , 20 v 8'
CITY OF WATERLOO LESSEE
APPROVED BY: ,(,.� BY:
Mayor Wendell Lup es
4862 W. 4th St.
Waterloo, Iowa 50701
A l-FEST:
Ci Clerk
CITY'S ACKNOWLEDGEMENT
STATE OF IOWA, '?L4A COUNTY, SS:
On this (-0day of I_ ,AD 20 O g , before me,the undersigned, a
Notary Public in and for said County, in aid State, personally appeared
"- --}-h t and Nkiitcl etc l-- to me personally
known,who, before b me duly sworn, did say that they ire 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 to be the voluntary act and deed of said City,by it and them
voluntarily executed.
otary Public in and for sa. County
3/u/611
EXHIBIT "A"
SOUTHLAND PARK SUBDIVISION TRACT"A"EXCEPT THAT PART DESCRIBED AS
BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT 108, SOUTHLAND PARK REPLAT
OF PART OF SOUTHLAND PARK SUBDIVISION;THENCE NORTH 69 DEGREES EAST 458.32
FEET ALONG THE SOUTHERLY LINE OF SAID LOT 108,109,110&LOT 22&23 OF
SOUTHLAND PARK SUBDIVISION;THENCE SOUTH 20 DEGREES 59 MINUTES 30 SECONDS
EAST 50 FEET ALONG AN EXTENSION OF THE EASTERLY LINE OF SAID LOT 23;THENCE
SOUTH 69 DEGREES 00 MINUTES 00 SECONDS WEST 458.26 FEET PARALLEL WITH&50
FEET NORMALLY DISTANT SOUTHERLY FROM SOUTHERLY LINE OF SAID LOTS 22,23,
108,109,& 110 TO POINT ON AN EXTENSION OF THE WESTERLY LINE OF SAID LOT 108;
THENCE NORTH 21 DEGREES 01 MINUTES 34 SECONDS WEST 50 FEET TO THE POINT OF
BEGINNING,EXCEPT LOT"E",A PART OF TRACT"A"OF SOUTHLAND PARK SUBDIVISION
DESCRIBED AS FOLLOWS:
BEGINING AT THE SOUTHEASTERLY CORNER OF LOT 107 OF SOUTHLAND PARK REPLAT
OF SOUTHLAND PARK SUBDIVISION;THENCE SOUTH 69 DEGREES 37 MINUTES 55
SECONDS WEST 119.79 FEET ALONG THE SOUTHERLY LINE OF LOT 107 TO THE
SOUTHWESTERLY CORNER OF SAID LOT;THENCE SOUTH 85.21 FEET ALONG THE
EASTERLY LINE OF TRACT"B"OF SAID SUBDIVISION;THENCE NORTH 58 DEGREES 18
MINUTES 37 SECONDS 152.22 FEET TO A POINT ON AN EXTENSION OF THE EASTERLY LINE
OF SAID LOT 107;THENCE NORTH 20 DEGREES 08 MINUTES 47 SECONDS WEST 50 FEET TO
POINT OF BEGINNING
AND
SOUTHLAND PARK SECOND ADDITION TRACT"F"
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