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HomeMy WebLinkAboutCook, Michael-Lease Agreement-12.22.2008 G fae n ar -d/37 CITY OF WATERLOO, IOWA LEASE AGREEMENT for CITY-OWNED PROPERTY This Agreement made and entered into Ad dayof ,aeGe, - (re-r , 200 by and between the City of Waterloo, Iowa (hereinafter referred to as "City"), and ,Cli; 0) C. o4 (hereinafter referred to as "Lessee"). 1.The City agrees to allow the Lessee to use and occupy City property generally located between South View Drive and Willow Street, north of Martin Luther King Jr. 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 , 200_, and terminating on the day of , 2009. The Lessee agrees to pay the City$90 per acre for 9 acres, totaling $810 per year 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. 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. 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. 4.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. Lessee further agrees to indemn fy and hold the City harmless for any and all damages or injury, which may occur to Lessee's livestock as a result of the alleged activity on City's property as aforesaid. Lessee further aggress to indemnify and hold the City harmless for any and all damages or injury which may occur to Lessee's livestock as a result or consequence of the use of the City property. 5.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.(a DAY OF &ce m , 200 CITY OF WATERLOO LES E 4,74 APPROVED BY: BY: (Mayor) r o eve-. ATTE : City Clerk) CITY'S ACKNOWLEDGMENT STATE OF IOWA, Q,�� k:�- COUNTY, SS: On this "- ay of , AD 200g before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared i and /lJvi' 4, to me personally known, who, before by me dul* worn, did say that they are the MAYOR Tah , 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. Not ry Public in and for said Co my iII Exhibit "A" 0.5 Acre Site - CITY VIEW HEIGHTS N 145 FT BLK 34 3.0 Acre Site - CITY VIEW HEIGHTS A PARCEL OF LAND LOC IN BLKS 46, 47, 48, 49 & 50 DESC AS FOL: BEG SE COR OF SAID BLK 48 TH S 88 DEG 43 MIN 55 SEC WON THE S LINE OF SAID BLKS 48 AND 47 A DIST OF 617.79 FT TO THE SW COR OF SAID BLK 47 TH N 1 DEG 5 MIN 55 SEC W ON THE W LINE OF SAID BLK 47 A DIST OF 289.27 FT TH NELY ON A 2206.83 FT RADIUS CURVE CONCAVE NWLY AND HAVING A 339.11 FT LONG CHORD BEARING N 61 DEG 6 MIN 51 SEC E A DIST OF 339.44 FT (ARC LENGTH) TO THE E LINE OF SAID BLK 46 TH N 36 DEG 45 MIN 49 SEC E A DIST OF 76.79 FT TH N 40 DEG 54 MIN 02 SEC E A DIST OF 166.38 FT TH N 54 DEG 48 MIN 42 SEC E A DIST OF 194.28 FT TO THE E LINE OF SAID BLK 50 TH SE ON THE E LINE OF SAID BLKS 50, 49 AND 48 A DIST OF 738.70 FT TO THE PT OF BEG 5.5 Acre Site - SW NW SEC 20 T 89 R 12 EXC THAT PART CONTAINED IN THE FOL DESC: COM AT THE SW COR OF THE NW 1/4 OF SAID SEC 20 TH NW ON THE W LINE OF THE NW 1/4 OF SAID SEC 20 A DIST OF 752.25 FT TO THE PT OF BEG OF THE PARCEL HEREIN DESC:TH S 64 DEG 22 MIN 45 SEC W A DIST OF 32.86 FT TO THE E LINE OF BLK 50 OF "CITY VIEW HEIGHTS"(ALSO KNOWN AS THE W LINE OF THE E 1.81 A OF THE NE 1/4 OF SAID SEC 19) TH NW ON THE E LINE OF BLKS 50 & 51 IN "CITY VIEW HEIGHTS"A DIST OF 586.87 FT TO THE N LINE OF THE SE 1/4 OF THE NE 1/4 OF SAID SEC 19 TH N 88 DEG 45 MIN 31 SEC E ON THE N LINE OF THE SE NE OF SAID SEC 19 A DIST OF 29.87 FT TO THE SW COR OF THE NW NW OF SAID SEC 20 TH N 89 DEG 37 MIN 19 SEC E ON THE S LINE OF THE NW NW OF SAID SEC 20 A DIST OF 194.41 FT TH NW PARALLEL WITH THE W LINE OF THE NW 1/4 OF SAID SEC 20 (ON A LINE WHICH IS ALSO KNOWN AS THE E LINE OF THE W 194.4 FT OF THE NW NW OF SAID SEC 20)A DIST OF 100 FT TH N 89 DEG 37 MIN 19 SEC E A DIST OF 250 FT TH SE A DIST OF 438.54 FT TH SWLY ON A 1039.93 FT RADIUS CURVE CONCAVE SELY AND HAVING A 6.39 FT LONG CHORD BEARING S 54 DEG 59 MIN 7 SEC W A DIST OF 6.39 FT (ARC LENGTH) TH S 54 DEG 48 MIN 42 SEC W A DIST OF 137.26 FT TH S 64 DEG 22 MIN 45 SEC W A DIST OF 358.21 FT TO THE PT OF BEG ALSO EXC A PARCEL OF LAND DESC AS FOL:COM AT THE SW COR OF THE NW 1/4 OF SAID SEC 20 TH N 89 DEG 36 MIN 44 SEC E ON THE S LINE OF THE NW 1/4 OF SAID SEC 20 A DIST OF 695.04 FT TO THE PT OF BEG OF THE PARCEL HEREIN DESC: TH N 27 DEG 34 MIN 29 SEC W A DIST OF 781.73 FT TH N 49 DEG 59 MIN 2 SEC E A DIST OF 52.06 FT TH N 33 DEG 01 MIN 07 SEC E A DIST OF 53.87 FT TH N 54 DEG 48 MIN 42 SEC E A DIST OF 137.24 FT TH ELY ON AN 879.93 FT RADIUS CURVE CONCAVE SLY AND HAVING A 57.92 FT LONG CHORD BEARING N 56 DEG 41 MIN 52 SEC E A DIST OF 57.93 FT (ARC LENGTH) TH N 73 DEG 27 MIN 39 SEC E A DIST OF 138.35 FT TH ELY ON AN 854.93 FT RADIUS CURVE CONCAVE SLY AND HAVING A 605.57 FT LONG CHORD BEARING N 88 DEG 19 MIN 26 SEC E A DIST OF ,319 FT (ARC LENGTH) TO THE E LINE OF THE SW NW OF SAID SEC 20 TH SE ON THE E LINE OF THE SW NW OF SAID SEC 20 A DIST OF 935.50 FT TO THE SE COR OF THE SW NW OF SAID SEC 20 TH S 89 DEG 36 MIN 44 SEC W ON THE S LINE OF THE NW 1/4 OF SAID SEC 20 A DIST OF 622.90 FT TO THE PT OF BEG & EXC A PARCEL OF LAND DESC AS FOL: COM AT THE SW COR OF THE NW 1/4 OF SAID SEC 20 TH NW ON THE W LINE OF THE NW 1/4 OF SAID SEC 20 A DIST OF 412.09 FT TO THE PT OF BEG OF THE PARCEL HEREIN DESC TH S 49 DEG 59 MIN 2 SEC W A DIST OF 38.45 FT TO THE E LINE OF BLK 49"CITY VIEW HGTS"(ALSO KNOWN AS THE W LINE OF THE E 1.81 A OF THE NE 1/4 OF SEC 19 )TH NW ON THEE LINE OF BLKS 49 & 50 "CITY VIEW HGTS"A DIST OF 350.68 FT TH N 64 DEG 22 MIN 45 SEC E A DIST OF 391.07 FT TH N 54 DEG 48 MIN 42 SEC E A DIST OF 137.26 FT TH NELY ON A 1039.93 FT RADIUS CURVE CONCAVE SELY AND HAVING A 231.28 FT LONG CHORD BEARING N 61 DEG 11 MIN 46 SEC E A DIST OF 231.76 FT (ARC LENGTH) `a•