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HomeMy WebLinkAboutCook, Mike-Lease Agreement-04.23.2007 / 25-o7 b7- 97 CITY OF WATERLOO, IOWA LEASE AGREEMENT for CITY-OWNED PROPERTY This Agreement made and entered into thisAS day of /cyf ► I , 2007, by and between the City of Waterloo, Iowa (hereinafter referred to as "City"), and Mike Cook (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 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 day of , 2007, and terminating on the 1st day of January, 2008. The Lessee agrees to pay the City $90.00 per acre 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 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 livestock 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 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 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 23 rl/V DAY OF pr \ 0 , 2007. CITY OF WATERLOO LESSEE: APPROVED BY: J,�.L,., By: Mayor ATTEST: 7"--c-a-e-j— Clerk CITY'S ACKNOWLEDGMENT: STATE OF IOWA, - `i----- COUNTY, SS: On this 3 day of _ , AD 2007, before me, the under igne a Notary Public in d or said County, in said State, personally appeared �Ak. and A.w�� �("� to m personallyjcnown, who, before y 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.sai instrument to be the voluntary act and deed of said City, by it and by them voluntarily exe ute . Nota Public in and for County 11#\1') t 1 i i I