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Home My WebLink About1987-035-02.09.1987 � = RESOLUTION NO. 1987-35 c�, rn t-, > c RESOLUTION APPROVING THREE YEAR LEASE AGREEMENTWITH WINEGARDEN, GULDNER & REILLY VETERINARY c HOSPITAL AND DIRECTING EXECUTION OF SAID AGREEMENT • c cc BY MAYOR. rn c s cv Cr. : c `'BE I1` RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that R:theThree Year Lease Agreement dated February 9, 1987, with E`Winegarden, Guldner & Reilly Veterinary Hospital for a portion of the =parking lot located at 404 Jefferson, by and between Winegarden, cGuldner & Reilly Veterinary Hospital of Waterloo, Iowa, and the City Waterloo, Iowa, be and the same is hereby approved, and the Mayor c authorized to execute the same in behalf of the City of Waterloo, Iowa. Passed and adopted this 9th day of February, 1987. rr- m � ti rr; c1 Q rn (-Z. l `� Bernard L. cKinley,` Mayo ATTEST: Miche le TemtyTerk/AudiiOr eyer, i 1 do- Oe I .O14 61O I TU JO?37.7 Tr;3M1:1310A 32A3J 51A3Y 33i1HT 3iIVW--N(IA VIOI"` J023S? � = o AV I93T3`J g310JU3 ,.o3a,gA0NI'' HTI ! z U IA2 90 1,10ITU33X3 3'1IT3BSII0 ainA JATI420F • rn .2CYAM Y z m D N tbflt ,AWOI ,00.5,3TAW 30 YTI3 ?SIT 30 JI 111UO3 31-7 YE a3v'` = z flti jsei ,e Y�butid93 b9+bb tnsr;s, ipA 9269J mbsY �� slit to not i on 6 -01 16 ic2oH-1 rtbn`isi-sV Y= 1i 4S? nsnb 1u0 ; c = o �c z z ,nsb•vbcsf;rWWW nssw sd hnb 'd ,n0279f'r9L - 04 tb bo b3o1 z Z v -f;) sflt bnb fbwOI Fb` {12oH io6n'fnst9V \Lr rfsr. rn = o srit bn6 ,bsvcigg6 Y,d9' 9r 2r smbz sryt bnb 9d ,bwoI ec X �, ,00fntsW o \ti 1 90- to Tibrisd n sn162 9f1f cdtuosx9 of M M CO rn rn 1 - D o � c2t�E ry,^ff:uld9.R to v&h rile 2iflt hsf r cngob6 z rn (/) (/) rn D rn - 70 D 1-+ v) 1\ }d`r, D D rn o�9M ,�Qlnrl1zl .J b^rsn^t98 rn < rT1 rn 3 -� rn r of buA\>1^i9FJ Y+r p `TEICYrmsT 9i �'f9f 1 `rt p _ cc RESOLUTION NO. 1987-35 m o >- o z s RESOLUTION APPROVING THREE YEAR LEASE AGREEMENT o WITH WINEGARDEN, GULDNER & REILLY VETERINARY HOSPITAL AND DIRECTING EXECUTION OF SAID AGREEMENT m BY MAYOR. < CBE IFRESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that P-thTTje Year Lease Agreement dated February 9, 1987, with iwirteg ,en, Guidner & Reilly Veterinary Hospital for a portion of the mpar p lot located at 404 Jefferson, by and between Winegarden, cGu .:rwe t& Reilly Veterinary Hospital of Waterloo, Iowa, and the City Hof ' at loo, Iowa, be and the same is hereby approved, and the Mayor ,,au. '.• ed to execute the same in behalf of the City of Waterloo, Io m rI)Pa4eitind adopted this 9th day of February, 1987. m F c` m F- cv R, d 62)-1/Wet-Ciftel/n4rT, d dtYm > mBernard L. y, fayot ATIEST:z I- Miche. le Temeyer, k ity , :erg: r^u,i or 2h r�c l .33,tr1; COMPAirl PAGED ) BLACK HAWK COIINn, ND(XA11 Filed for record19 S/ at S:o/ M, and recorded lele Book 3. Page— I '7 Recorder Deputy fee .257 0 rtAr- N a) N N Q O _ C.J D• 273 PACE221 LEASE THIS LEASE AGREEMENT made and entered into as of the first day of March, 1987, by and between the City of Waterloo, a municipal corporation (hereinafter called Landlord) , whose address for the purposes of this lease is 715 Mulberry Street, Waterloo, Iowa, and The Winegarden, Guldner and Reilly Veterinary Hospital (hereinafter called Tenant) , whose address for the purposes of this lease is 404 Jefferson Street, Waterloo, Iowa: 1 . PREMISES: The Landlord, in consideration of the rent to be paid herein and of the other agreements and conditions set forth in this lease as hereby leased to the Tenant the real estate described as follows: SEE ATTACHED EXHIBIT "A" It is understood that the premises had previously been utilized by the City for parking lot purposes and will continue for the term of this lease to be used for parking lot purposes. 2. TERM: The term of this lease shall be for three (3) years commencing as of March 1, 1987 and ending on the twenty-eighth day of February, 1990. This lease will automatically be renewed for an additional one (1) year term, unless either party shall notify the other of its intention to cancel at least sixty (60) days prior to the end of any one (1) year term. In addition, Landlord may terminate this lease at any time upon a one hundred and twenty (120) day written notice, subject to adequate placement parking being obtained for the tenant. The tenant may also cancel this lease at any time with a sixty (60) day written notice. 3. RENTAL: Tenant agrees to pay the sum of fifty dollars ($50.00) each month beginning March 1, 1987, and on the first of each successive month during which this lease continues. BOOK 273 PACE ail -2- 4. POSSESSION: Tenant shall be entitled possession on March 1, 1987, subject to the signing of this lease and approval by the City Council of the City of Waterloo. 5. USE OF PREMISES: Tenant agrees that during the term of this lease, the premises shall be used for parking of automobiles and for no other purpose. 6. CARE AND MAINTENANCE: Tenant agrees to take the premises in their present condition, and until the termination of this lease care for and maintain said premises in a reasonably safe and serviceable condition, which may include but not required, at the City's discretion, resurfacing and repair of the parking lot and all necessary equipment therefore. 7. ASSIGNMENT AND SUBLETTING: Tenant shall not be permitted to assign or sublet the premises for any purpose without Landlord's prior written permission. 8. INDEMNITY AND LIABILITY INSURANCE: Tenant will protect, indemnify and save harmless the Landlord from and against any and all loss, costs, damage and expenses occasioned by, or arising out of any accident or other occurence causing or inflicting injury and/or damage to any person or property, happening or done in or about the leased premises, or due directly or indirectly to the tenancy, use or occupancy thereof, or any part thereof, by the Tenant or any person claiming through or under the Tenant. The Tenant further covenants and agrees that it will , at its own expense, secure and maintain casualty and liability insurance in a responsible company or companies authorized to do business in the State of Iowa protecting the Landlord against such claim, damages, costs or expenses on account of injury to anythe demised premises during the term thereof. 9. TAXES AND ASSESSMENTS: All real estate taxes, personal property taxes, and special assessments shall be paid by the Landlord, if levied or assessed by lawful authority against the property during the term of this lease. 10. NOTICES: Notices as provided for in this Lease shall be given to the respective parties hereto at the address designated at the beginning of this Lease unless either party notifies the other in writing of a different address. A notice shall be considered given under the terms of this Lease when sent, addressed as designated, postage pre-paid by registered or certified mail , return receipt requested and so deposited in the United States mailbox. 11. CHANGES TO BE IN WRITING: None of the covenants, provisions, terms, or conditions of this Lease shall be in any manner, modified, waived or abandoned, except by a written instrument duly signed by the parties and delivered to the Landlord and the Tenant. This Lease contains the whole agreement of the parties. BOOK 273 Nc€ 218 -3- CITY OF WATERLOO, IOWA, LANDLORD WINEGARDEN, GULDNER AND REILLY VETERINARY HOSPITAL BY: Q )-n 61-v BY: GQ __ Bernard L. cl(inley, Mayor R chard Wine and n /�� BY: , ( BY: John Gu dner' Larr . B rger, Cit C erk Auditor BY: ence Reilly STATE OF IOWA )ss. COUNTY OF BLACK HAWK) / On this J( day of //Vii L, 1987, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Bernard L. McKinley and Larry P. Burger, to me personally known, who being by me, duly sworn, did say that they d instrument was signed on behalf of said corporation by authority of its City Council , ,,,atibrtha,t, the said Bernard L. McKinley and Larry P. Burger as such -;afl dee.s '�acknowledged the execution of said instrument to,,'be the = voluniary at and deed of said municipal corporation, by it and by them 44l ur ar' l executed. ANIMAPERNICIWotary Public STATE OF IOWA ) r../ )ss. COUNTY OF BLACK HAWK) /�j On this �1 L day of / o4d?, ,, 1987, before me, the ,ti —H.-,,,,yndersigned, a Notary Public in and for the State of Iowa, personally 3};•ti ° `!�;-a�geared Richard L. Winegarden. John G. G idner and "•. :' .awrence Reilly , to me personally kwt, who, being by me, duly sworn, did say that they are the general . rpar.. rers, respectively, of Winegarden, Guldner and Reilly Veter'nary :, :Hospital , an Iowa partnership; that said instrument was s"ied on behalf of said partnership by authority of its general ,.-•°partners; and Richard ;. Winegarden and John C. Guldn r and Lawrence '` Reilly as such partners, acknowledged the execution of said instrument to be the voluntary act and deed of said partnership, by it and by them voluntarily executed. /4(.//GA-) Donna (ut1Pr Notary Public BOOK 273 3 PAGE 219 EXHIBIT "A" vF \c°, s I"= 50 QO ORIGINAL PLAT WATERLOO WEST NORTHWESTERLY THIRTY-ONE AND ONE HALF FEET (31.5 FT ) LOT 4 BLK 15 DB'# 2 73 fur 220