HomeMy WebLinkAboutWendell Lupkes-Lease Agreement-06.04.2007 CITY OF WATERLOO,IOWA
LEASE AGREEMENT
for
CITY-OWNED PROPERTY
This agreement made and entered into this / day of n-c , 2007, 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 desribed 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 Jan , 20 G'7, and terminating on
the 3/ day of 0c* , 20 01 , The lessee agrees to pay the City 'for use of
said City property during said teen.
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 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 reponsible 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 of conditions of this Agreement will be in any manner modified,
waived, or abandonded, 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 boh parties.
411)
EXECUTED THIS U DAY OF--374 , 2067
CITY OF WATERLOO LESSEE
APPROVED BY: BY:
Mayor Wendell Lupkes
4862 W. 4th St.
Waterloo, Iowa 50701
ATTEST:
Clerk
CITY'S ACKNOWLEDGEMENT
STATE OF IOWA, .1 1(A.N- 2 COUNTY, SS:
On this day of AD 20 61 , before me,the undersigned, a
No ublic in,and for said County, said State, personally appear
l M'it < "`f and -/lj,i/(tu &ki to me personally
known, who, before by nJ duly sworn, did say that they ark the Mayor and City Clerk, repectively,
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 e voluntary act and deed of said City, by it and them voluntarily exicuted.
Notary Public in and for said
County
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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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