HomeMy WebLinkAboutDoug and Elaine Bruns-Lease Agreement-06.11.2007 44,d hod 7- yC 7
CITY OF WATERLOO, IOWA
LEASE AGREEMENT
for
CITY-OWNED PROPERTY
This Agreement made and entered into this//day of �c,�r , 2007, by and
between the City of Waterloo, Iowa (hereinafter referred to as "City"), and
Owl and 5lCt 1.7142. r3ru.nS (hereinafter referred to as
"Lessee.
1. The City agrees to allow the Lessee to use and occupy City property located on
the Southwest corner of Kimball Avenue and U.S. Highway 20, 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 day of , 2008. The Lessee agrees to pay the
City $300.00 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 all fenced areas. This will
include reseeding and fertilizing when necessary. Lessee agrees to maintain the property as a
grass area only with any reseeding to be done with bluegrass grass seed only. Further, Lessee
agrees that if flooding occurs, the livestock will be removed to another location until the land
has dried and recovered sufficiently to allow grazing and pasturing again.
5. Lessee will assume full responsibility for any and all livestock escaping and
agrees to assume liability for any damage caused to the livestock being at large or any injury
or death of livestock while at large.
6. Lessee agrees to post adequate signs to keep hunters and trespassers off the
property. Lessee will be solely responsible for keeping trespassers off the property.
7. 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.
8. Lessee agrees to provide adequate insurance for the protection of the City
property and the Lessee's livestock. Such insurance shall name the City as an additional
insured.
9. Lessee agrees to prohibit all engine-powered off-road vehicles and four-wheel
drive vehicles.
10. 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 which may be necessary, at no cost to the City.
11. 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 /1 DAY OF JUM , 2007.
CITY OF WATERLOO LESSEE
APPROVED BY: �� By:
Mayor
By:
ATTES : (Jr
Clerk
CITY'S ACKNOWLEDGMENT:
STATE OF IOWA, COUNTY,SS:
On this day of AD 20 01 , before me, the
undersi ed, a Notary Public in and r said County, in said State, personally appeared
and v
to me personal known, who, before b 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 auv\
No ry Public in and for said,County
e
EXHIBIT "A"
LEGAL DESCRIPTION
COMMENCING AT THE EAST 1/4 CORNER OF SECTION 9, TOWNSHIP 88 NORTH, RANGE 13
WEST OF THE 5TH PRINCIPAL MERIDIAN, IN THE CITY OF WATERLOO, IOWA, THENCE
SOUTH 89° 181/2' WEST, 40.0 FEET ALONG THE NORTH LINE OF THE SOUTHEAST 1/4 OF SAID
SECTION 9 TO THE POINT OF BEGINNING:
THENCE CONTINUING WEST ALONG SAID NORTH LINE OF THE SOUTHEAST 1/4 OF SAID
SECTION 9 A DISTANCE OF 1.0 FOOT; THENCE SOUTH 0° 10' EAST, 334.4 FEET; THENCE
SOUTH 89° 50' WEST, 39.0 FEET; THENCE NORTH 32° 28' WEST, 393.0 FEET TO THE NORTH
LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 9; THENCE NORTH 32° 42' WEST, 471.4 FEET;
THENCE SOUTH 89° 191/2' WEST, 783.8 FEET; THENCE NORTH 66° 541/2' WEST, 340.8 FEET;
THENCE SOUTH 37° 321/2' WEST, 250.0 FEET; THENCE SOUTH 10° 31' WEST, 364.5 FEET TO THE
NORTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 9; THENCE SOUTH 89° 211/2' WEST,
115.0 FEET ALONG SAID NORTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 9;THENCE 0°
541/2' EAST, 561.8 FEET; THENCE NORTH 26° 56' EAST, 508.5 FEET; THENCE SOUTH 89° 191/2'
EAST, 406.9 FEET; THENCE SOUTH 89° 151/2' EAST, 926.1 FEET; THENCE SOUTH AND
PARALLEL WITH THE EAST LINE OF SAID SECTION 9 A DISTANCE OF 500 FEET; THENCE
SOUTHEAST TO THE POINT OF BEGINNING, ALL IN THE CITY OF WATERLOO, BLACK
HAWK COUNTY, IOWA.
EXCEPT: COMMENCING AT THE EAST 1/4 CORNER OF SECTION 9, TOWNSHIP 88 NORTH,
RANGE 13 WEST OF THE 5TH PRINCIPAL MERIDIAN, IN THE CITY OF WATERLOO, IOWA;
THENCE SOUTH 89° 181 WEST, 41.0 FEET ALONG THE NORTH LINE OF THE SOUTHEAST 1/4
OF SAID SECTION 9; THENCE SOUTH 0° 10' EAST, 334.4 FEET; THENCE SOUTH 89° 50' WEST,
39.0 FEET; THENCE NORTH 32° 28' WEST, 393.0 FEET TO THE NORTH LINE OF THE
SOUTHEAST 1/4 OF SAID SECTION 9; THENCE NORTH 32° 42' WEST, 471.4 FEET TO THE POINT
OF BEGINNING. THENCE NORTH 89° 191/2' WEST, 783.8 FEET;THENCE NORTH 66° 541/2' WEST,
162.15 FEET; THENCE SOUTH 89° 191/2' EAST, 149.03 FEET; THENCE SOUTH 0° 071/2' EAST, 33
FEET; THENCE SOUTH 89° 191/2' EAST, 783.8 FEET; THENCE SOUTH 0° 71/2' EAST, 33 FEET TO
THE POINT OF BEGINNING.
ALSO EXCEPT: COMMENCING AT THE EAST 1/4 CORNER OF SECTION 9, TOWNSHIP 88
NORTH, RANGE 13 WEST OF THE 5TH PRINCIPAL MERIDIAN, IN THE CITY OF WATERLOO,
IOWA; THENCE SOUTH 89° 181/2' WEST, 41.0 FEET ALONG THE NORTH LINE OF THE
SOUTHEAST 1/4 OF SAID SECTION 9; THENCE SOUTH 0° 30' EAST, 334.4 FEET; THENCE SOUTH
89° 50' WEST, 39.0 FEET; THENCE NORTH 32° 28' WEST, 393.0 FEET TO THE NORTH LINE OF
THE SOUTHEAST 1/4 OF SAID SECTION 9; THENCE NORTH 32° 42' WEST, 471.4 FEET; THENCE
NORTH 89° 191/2' WEST, 783.8 FEET; THENCE NORTH 66° 54/' WEST, 340.8 FEET; THENCE
SOUTH 37° 32/' WEST, 92.86 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 37° 321/2'
WEST, 157.14 FEET; THENCE NORTH 0° 071/2 WEST, 123.16 FEET; THENCE SOUTH 89° 191/2'
EAST, 96.12 FEET TO THE POINT OF BEGINNING.
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