HomeMy WebLinkAboutCroell,_Inc._-_Site_Lease_-_6.15.2026Docusign Envelope ID: 0C676AAC-5407-8CF8-808C-E4E04747B93D
SITE LEASE
for
CITY -OWNED PROPERTY
This Site Lease (the "Agreement") is made and entered into as of (.11-n4 - IS— , 2026 by
and between the City of Waterloo, Iowa ("City") and Croell, Inc ("Lessee").
1. Premises: Use. The City agrees to allow the Lessee to use and occupy certain City property (the
"Property") located south of US Hwy 20 and east of Ansborough Avenue, Section 09, Township 89 North, Range
13 West, in Black Hawk County, Iowa, consisting of approximately 4 acres, and more particularly described in
Exhibit "A" attached hereto and made a part hereof by this reference. Lessee shall use the Property only for placing
and operating a portable concrete batch plant, activities incident thereto, and temporary stockpile of raw materials
and shall not use the Property for any other purpose whatsoever. Lessee may not make any improvements to the
Property. Lessee accepts the Property in its "AS IS" condition, with all faults, and without any representation or
warranty by City as to the Property's condition or its suitability for a portable concrete batch plant or for any other
purpose. City shall not prepare the Property for Lessee's use in any way.
2. Term. Rent. The City agrees to allow Lessee to use and occupy the Property for a term
commencing approximately June 15, 2026, and terminating approximately September 15, 2026, subject in any
case to early termination as provided in Section 3. As rental, the Lessee agrees to pay the City the sum of
$7,500.00, upon execution of this Agreement. If the term of this Agreement is extended by the mutual agreement
of the parties, then rental amount shall be payable on the date that Lessee delivers an executed amendment to
City. Any payment made is non-refundable in the event this Agreement is terminated by either party pursuant to
Section 3 below. If rent is not paid by the due date(s), interest shall be charged at the rate of 12% percent per
annum, compounded monthly, beginning five (5) days after the due date, until paid. All rent is to be paid to the
City of Waterloo, 715 Mulberry Street, Waterloo, IA, 50703, Attn: Community Planning & Development, or at
such other place as the City may direct in writing.
3. EARLY TERMINATION: Compensation to Lesse@. Lessee agrees that the City may terminate
this Agreement, as to any part or all of the Property, upon thirty (30) days' written notice if the City needs the use
of the Property for its own purposes, including but not limited to a third -party economic development purpose, and
Lessee hereby expressly waives any rights it may have under Iowa law that may require the giving of a different
notice or the giving of notice by a specific date, and Lessee furthermore expressly waives any claims of any kind
whatsoever that it might have against Lessor in connection with the early termination of this Agreement and agrees
that this Section shall be Lessee's exclusive remedy. Lessee hereby acknowledges and agrees that it takes and
uses the Property subject to the risk of early termination, and Lessee hereby agrees to assume said risk. Lessee
may terminate this Agreement, in whole but not in part, upon thirty (30) days' written notice to the Waterloo
Community Planning and Development Depai tinent.
4. Care of Property. Lessee agrees to do what is reasonably necessary to control soil erosion
including, but not limited to, providing labor and normal equipment for the maintenance of existing watercourses,
waterways, ditches, drainage areas, terraces and tile drains, and abstaining from any practice which will cause
damage to the premises.
5. Indemnity. In consideration of the extension of this Agreement to the Lessee, Lessee hereby
agrees to indemnify, defend, and hold the City harmless from and against any and all claims, demands, actions,
causes of action, fines, fees, penalties, damages and liabilities of any type or nature whatsoever, including but not
limited to reasonable attorneys' fees, relating to any person or property, arising from in in any way connected with
Lessee's use of the Property in any manner, whether directly or indirectly, and shall further indemnify the City for
any damage to the Property caused by Lessee, its employees or agents and any environmental remediation or
cleanup costs.
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a. insurance. General contractors and subcontractors working on the project shall have Commercial
General Liability Insurance written on an occurrence basis with limits no less than $1,000,000
combined single limit per occurrence and $1,000,000 aggregate for personal injury and property
damage; and Automobile Liability Insurance written on an occurrence basis with limits no less than
$1,000,000 combined single limit with respect to bodily injury, property damage, or death. They shall
name the City of Waterloo as additional insured on a primary and non-contributory basis including a
waiver of subrogation in favor of the City for this project. Proof of such coverage shall be furnished to
the City promptly upon request.
b. General contractors and subcontractors shall provide proof of workers compensation insurance
coverage for its employees working on the job. Contractors/Subcontractors shall name the City as
additional insured on a primary and non-contributory basis including a waiver of subrogation in favor
the City. Proof of such coverage shall be furnished to the City prior to the start of the project and
promptly upon request thereafter.
6. Third -Party Rights. Reserved.
7. City Access. The City may enter the Property at any reasonable time for the purpose of consulting
with Lessee, viewing the Property, making improvements, or for other reasonable purposes that do not interfere
with Lessee's ability to use the Property as provided herein. The lessee is aware of a proposed construction project
in the immediate vicinity of the property and agrees to work with the City's contractors regarding staging, storage
and access to the property.
8. No Sublease or Assignment. Lessee shall not lease or sublet any part of the Property nor assign
this Agreement to any other person without the prior written permission of the City.
9. Condition at End of Terni. Lessee agrees that on termination of the Agreement, Lessee will
yield possession of the Property to City without further demand or notice, in as good order and condition as at the
beginning of the term of this Agreement. Loss or damage by forces beyond Lessee's reasonable control and
ordinary wear and tear to existing improvements are excepted.
10. No Joint Venture. Nothing in this Agreement shall, or shall be deemed or construed to, create or
constitute any joint venture, partnership, agency, employment, or any other relationship between City and Lessee
nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other
person.
11. Default. If Lessee fails to observe any term or condition of this Agreement, including but not
limited to the payment of rent, it shall be in default of this Agreement, and City may then exercise any and all
legal remedies available under applicable law. Lessee stipulates and agrees that Lessor may proceed with a forcible
entry and detainer action under Chapter 648 upon issuance of a three-day notice described in Section 17 and
Lessee hereby waives any defects in notice or service of process otherwise required under Chapter 648. In the
event of default Lessee shall be liable for any and all damage or loss suffered or incurred by City, including but
not limited to reasonable attorneys' fees and expenses incurred in connection with the exercise of any right or
remedy by City.
12. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person or
by United States certified mail, postage prepaid and addressed to the other party at its last known address or
through electronic mail delivery. Delivery of notice shall be deemed to occur (i) on the date of delivery when
delivered in person, or (ii) three (3) business days following the date of deposit if mailed by United States certified
mail, postage prepaid.
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13. Miscellaneous. 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. This Agreement is binding upon and shall
inure to the benefit of the parties and their respective heirs, personal representatives, successors and assigns.
14. Severability: Reformation, Each provision, section, sentence, clause, phrase, and word of this
Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable,
whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement
and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and
effect. If, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as written,
but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision
or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited.
IN WITNESS WHEREOF, the parties have executed this Site Lease by their duly authorized
representatives as of the date first set forth above.
[signatures on next page]CITY OF WATERLOO, IOWA (Lesso E essee)
Signed by:
By: 004, f : t,SWt,
`—miff'Haden, Mayor E. Schmitt
Atte
Signed by:
t:'i`y f
eifeyBrelchle, City Clerk
Date: 6/15/2026
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