HomeMy WebLinkAboutFrost, Willard-Lease Agreement-01.12.2009 CITY OF WATERLOO, IOWA
LEASE AGREEMENT
for
CITY-OWNED PROPERTY
/441
This Agreement made and entered into this_/1 day of 'Tan .&a r y , 2009, by and between the City
of Waterloo, Iowa (hereinafter referred to as 'City"), and December 31, 2009 (hereinafter referred to as "Lessee").
1.The City agrees to allow the Lessee to use and occupy City property generally located adjacent to Martin
Luther King Jr. Drive and Bishop Avenue in the Northeast Industrial Park, 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 , 2009, and terminating on the day of
, 2009. The Lessee agrees to pay the City $2182.20 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 indemnify 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'd DAY OF —Saul-Gukrr , 2009
CITY OF WATERLOO LESSEE
APPROVED BY: / BY:1 J )
(Mayor)
A T: (pity Clerk)
CITY'S ACKNOWLEDGMENT
STATE OF IOWA, kAj--- COUNTY, SS:
On this_ ..day of , AD 2009, before me, the undersigned, a Notary Public
in and for said County, in said State, pers Ily appeared
`T v� 4---u,d4 and A&vac �Z.� �---- to me personally known, who, before by me
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.
C
Nota Public in an for said C9 ty
Legal Descriptions - Willard Frost Farm Lease, NE Industrial Park
1. NW NW EXC W 194.4 FT N 1326.4 FT SEC 20 T 89 R 12 AND 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
2. 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 01= 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 EON 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 619 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)
3. NE NW SEC 20 NW NE SEC 20 SW NE SEC 20 ALL IN T 89 R 12 EXC RDS AND EXC
THAT PART OF ABOVE DESC PLATTED TO NORTHEAST INDUSTRIAL PARK PLAT NO 1 &
EXC NORTHEAST INDUSTRIAL PARK PLAT NO 2 ALSO EXC THAT PART CONTAINED IN
THE FOL DESC: COM AT THE SE COR OF THE NE 1/4 OF SAID SEC 20 TH S 89 DEG 36
MIN 44 SEC W ON THE S LINE OF THE NE 1/4 OF SAID SEC 20 A DIST OF 2056.71 FT TO
THE PT OF BEG OF THE PARCEL HEREIN DESC:TH SE A DIST OF 164.33 FT TH S 7 DEG
45 MIN 10 SEC W A DIST OF 130.45 FT TO THE PRESENT NLY ROW LINE OF THE UNION
PACIFIC RR TH SWLY ON THE PRESENT NLY ROW LINE OF THE UNION PACIFIC RR ON A
2764.93 FT RADIUS CURVE CONCAVE NWLY AND HAVING A 153.31 FT LONG CHORD
BEARING S 77 DEG 37 SEC W A DIST OF 153.33 FT (ARC LENGTH) TH N 5 DEG 14 MIN 40
SEC W A DIST OF 411.68 FT TH NW A DIST OF 257.18 FT TH S 84 DEG 51 MIN 27 SEC WA
DIST OF 141.69 FT TH NWLY ON A 1373.24 FT RADIUS CURVE CONCAVE NWLY AND
HAVING AN 829.47 FT LONG CHORD BEARING N 77 DEG 33 MIN 50 SEC W A DIST OF
842.62 FT (ARC LENGTH) TH N 59 DEG 59 MIN 8 SEC W A DIST OF 273.11 FT TH S 30 DEG
52 SEC W A DIST OF 15 FT TH N 59 DEG 59 MIN 8 SEC W A DIST OF 200 FT TH N 30 DEG
52 SEC E A DIST OF 15 FT TH N 59 DEG 59 MIN 8 SEC W A DIST OF 226.97 FT TH NWLY
ON AN 854.93 FT RADIUS CURVE CONCAVE SWLY AND HAVING A 162.28 FT LONG
CHORD BEARING N 65 DEG 29 MIN 17 SEC W A DIST OF 162.53 FT (ARC LENGTH) TO THE
W LINE OF THE SE NW OF SAID SEC 20 TH NW ON THE W LINE OF THE SE NW OF SAID
SEC A DIST OF 231.15 FT TH SELY ON A 1074.93 FT RADIUS CURVE CONCAVE SWLY AND
HAVING A 285.68 FT LONG CHORD BEARING S 67 DEG 32 MIN 26 SEC E A DIST OF 286.53
FT (ARC LENGTH) TH S 59 DEG 59 MIN 8 SEC E A DIST OF 224.55 FT TH N 30 DEG 52 SEC
E A DIST OF 15 FT TH S 59 DEG 59 MIN 8 SEC E A DIST OF 200 FT TH S 30 DEG 52 SEC W
A DIST OF 5 FT TH S 59 DEG 59 MIN 8 SEC E A DIST OF 273.12 FT TH SELY ON A 1143.24
FT RADIUS CURVE CONCAVE NELY AND HAVING A 690.55 FT LONG CHORD BEARING S
77 DEG 33 MIN 50 SEC E A DIST OF 701.50 FT (ARC LENGTH) TH N 84 DEG 51 MIN 27 SEC
E A DIST OF 188.15 FT TH NW A DIST OF 75.01 FT TH N 12 DEG 7 MIN 5 SEC E A DIST OF
132.29 FT TO THE PRESENT WLY ROW LINE OF NE DR AS PLATTED IN NE INDUSTRIAL
PARK PLAT NO 1 TH SE ON THE PRESENT WLY ROW LINE OF NORTHEAST DR A DIST OF
575.38 FT TO THE WLY EXT OF THE S LINE OF LOT 9 NE INDUSTRIAL PARK PLAT NO 1 TH
N 88 DEG 50 MIN 11 SEC E ON THE S LINE OF SAID LOT 9 AND ITS EXT A DIST OF 80 FT
TO THE SW COR OF SAID LOT 9 TH CONT N 88 DEG 50 MIN 11 SEC E ON THE S LINE OF
SAID LOT 9 A DIST OF 59.88 FT TH SE A DIST OF 204.25 FT TO THE PT OF BEG EXC THAT
PART PLATTED AS NORTHEAST INDUSTRIAL PARK PLAT NO 3 ALSO EXC THAT PART OF
THE ABOVE DESC PARCEL CONTAINED IN THE FOL DESC REC IN DOC 2005 020741 SAID
PARCEL KNOWN AS PARCEL G AND EXC PARCEL D REC 2006-28192
4. SE 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 N 89 DEG 36 MIN 44 SEC E ON THE S
LINE OF THE NW 1/4 OF SAID SEC 20 A DIST OF 1317.94 FT TO THE SE COR OF THE SW
NW OF SAID SEC 20 THE PT OF BEG OF THE PARCEL HEREIN DESC: TH NW ON THE E
LINE OF THE SW NW OF SAID SEC 20 A DIST OF 935.50 FT TH SELY ON AN 854.93 FT
RADIUS CURVE CONCAVE SWLY AND HAVING A 162.28 FT LONG CHORD BEARING S 65
DEG 29 MIN 17 SEC E A DIST OF 162.53 FT (ARC LENGTH) TH S 59 DEG 59 MIN 8 SEC E A
DIST OF 226.97 FT TH S 30 DEG 52 SEC W A DIST OF 15 FT TH S 59 DEG 59 MIN 8 SEC E A
DIST OF 200 FT TH N 30 DEG 52 SEC E A DIST OF 15 FT TH S 59 DEG 59 MIN 8 SEC E A
DIST OF 169.97 FT TO THE E LINE OF THE W 1/2 OF THE SE NW OF SAID SEC 20 TH SE
ON THE E LINE OF THE W 1/2 OF THE SE NW OF SAID SEC 20 A DIST OF 562.73 FT TO
THE SE COR OF THE W 1/2 OF THE SE NW OF SAID SEC 20 TH S 89 DEG 24 MIN 34 SEC
W ON THE S LINE OF THE NW 1/4 OF SAID SEC 20 A DIST OF 657.51 FT TO THE PT OF
BEG AND ALSO EXC THAT PART CONTAINED IN THE FOL DESC COM AT THE SE COR OF
THE NE 1/4 OF SAID SEC 20 TH S 89 DEG 36 MIN 44 SEC W ON THE S LINE OF THE NE 1/4
OF SAID SEC 20 A DIST OF 2056.71 FT TO THE PT OF BEG OF THE PARCEL HEREIN
DESC:TH SE A DIST OF 164.33 FT TH S 7 DEG 45 MIN 10 SEC W A DIST OF 130.45 FT TO
THE PRESENT NLY ROW LINE OF THE UNION PACIFIC RR TH SWLY ON THE PRESENT
NLY ROW LINE OF THE UNION PACIFIC RR ON A 2764.93 FT RADIUS CURVE CONCAVE
NWLY AND HAVING A 153.31 FT LONG CHORD BEARING S 77 DEG 37 SEC W A DIST OF
153.33 FT (ARC LENGTH) TH N 5 DEG 14 MIN 40 SEC W A DIST OF 411.68 FT TH NW A
DIST OF 257.18 FT TH S 84 DEG 51 MIN 27 SEC W A DIST OF 141.69 FT TH NWLY ON A
1373.24 FT RADIUS CURVE CONCAVE NWLY AND HAVING AN 829.47 FT LONG CHORD
BEARING N 77 DEG 33 MIN 50 SEC W A DIST OF 842.62 FT (ARC LENGTH) TH N 59 DEG 59
MIN 8 SEC W A DIST OF 273.11 FT TH S 30 DEG 52 SEC W A DIST OF 15 FT TH N 59 DEG
59 MIN 8 SEC W A DIST OF 200 FT TH N 30 DEG 52 SEC E A DIST OF 15 FT TH N 59 DEG
59 MIN 8 SEC W A DIST OF 226.97 FT TH NWLY ON AN 854.93 FT RADIUS CURVE
CONCAVE SWLY AND HAVING A 162.28 FT LONG CHORD BEARING N 65 DEG 29 MIN 17
SEC W A DIST OF 162.53 FT (ARC LENGTH) TO THE W LINE OF THE SE NW OF SAID SEC
20 TH NW ON THE W LINE OF THE SE NW OF SAID SEC A DIST OF 231.15 FT TH SELY ON
A 1074.93 FT RADIUS CURVE CONCAVE SWLY AND HAVING A 285.68 FT LONG CHORD
BEARING S 67 DEG 32 MIN 26 SEC E A DIST OF 286.53 FT (ARC LENGTH) TH S 59 DEG 59
MIN 8 SEC E A DIST OF 224.55 FT TH N 30 DEG 52 SEC E A DIST OF 15 FT TH S 59 DEG 59
MIN 8 SEC E A DIST OF 200 FT TH S 30 DEG 52 SEC W A DIST OF 5 FT TH S 59 DEG 59
MIN 8 SEC E A DIST OF 273.12 FT TH SELY ON A 1143.24 FT RADIUS CURVE CONCAVE
NELY AND HAVING A 690.55 FT LONG CHORD BEARING S 77 DEG 33 MIN 50 SEC E A DIST
OF 701.50 FT (ARC LEGAL LONGER THAN 99 LINES SEE DOC 2006-28192
5. NORTHEAST INDUSTRIAL PARK PLAT NO 3 LOT 11
6. NORTHEAST INDUSTRIAL PARK PLAT NO 3 LOT 18
7. NORTHEAST INDUSTRIAL PARK PLAT NO 3 LOT 17
8. NORTHEAST INDUSTRIAL PARK PLAT NO 3 LOT 14
9. NORTHEAST INDUSTRIAL PARK PLAT NO 3 LOT 15
10. NORTHEAST INDUSTRIAL PARK PLAT NO 3 LOT 16