Loading...
2008-16ATTEST: 4 BRENDA R. WHEELER, CITY CLERK (SEAL) RESOLUTION NO. 2008 - 16 COUNCIL MEMBER ABBOTT INTRODUCED THE FOLLOWING RESOLUTION: WHEREAS, the City of Blair, Nebraska has been presented with a Lease Agreement between the City of Blair, as Grantor and the Robert Hanner, Harmer Salvage, as Grantee. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF BLAIR, NEBRASKA, that the Lease Agreement which is attached hereto, marked Exhibit "A" and by this reference made a part hereof as though fully set forth herein is hereby approved by the City of Blair, Nebraska. BE IT FURTHER RESOLVED THAT THE MAYOR OF THE CITY OF BLAIR, NEBRASKA, is hereby authorized to execute and deliver said Lease Agreement on behalf of the City of Blair, Nebraska. COUNCIL MEMBER FANOELE MOVED THAT THE RESOLUTION BE ADOPTED AS READ, WHICH SAID MOTION WAS SECONDED BY COUNCIL MEMBER BIFFAR. UPON ROLL CALL, COUNCIL MEMBERS VOTING "AYE" STEWART, SCHEVE, SHOTWELL, CHRISTIANSEN, FANOELE, ABBOTT, WOLFF AND BIFFAR. COUNCIL MEMBERS NONE VOTING "NAY ". THE MAYOR DECLARED THE FOREGOING RESOLUTION PASSED AND ADOPTED THIS 13 DAY OF MAY, 2008. CITY OF BLAIR, NEBRASKA REALPH, MAYOR STATE OF NEBRASKA ) WASHINGTON COUNTY ) :ss: BRENDA R. WHEELER, hereby certifies that she is the duly appointed, qualified and acting City Clerk of the City of Blair, Nebraska, and that the above and foregoing Resolution was passed and adopted at a regular meeting of the Mayor and City Council of said City, held on the 13th day of May, 2008. .� , �',t /L / BRENDA R. WHEELER, CITY CLERK LEASE This Lease is made and entered into the 13th day of May, 2008, by and between The City of Blair, whose address is 218 South 16 St., Blair, NE 68008, hereinafter referred to as "Landlord ", and Robert Harmer, doing business as Hanner Salvage, 795 E. Dixon Road, hereinafter referred to as "Tenant ". WHEREAS, Landlord owns the parcel of land (the "Site "), with a legal description of Tax Lot 8 lying in the SE 1 /4 of the SE 1 /4 of Section 6, Township 18 North, Range 12 East of the 6 Principal Meridian, Washington County, Nebraska, as depicted on the Exhibit A which is attached hereto and made a part hereof by reference. WHEREAS, Tenant and Landlord desire to enter into a lease agreement for the above described real estate. NOW, THEREFORE, in consideration of the mutual promises, conditions, and other good and valuable consideration, it is agreed as follows: 1. (a) Landlord hereby leases to Tenant the following described Leasehold Parcel: Tax Lot 8 lying in the SE 1 /4 of the SE 1 /4 of Section 6, Township 18 North, Range 12 East of the 6 Principal Meridian, Washington County, Nebraska (b) The Tenant shall be allowed to occupy the dwelling located on said real estate as an office, and to use the adjacent ground for office parking and for access to Tenant's real estate. (c) Tenant shall be responsible for maintaining all roads and parking areas to include, but not limited to, grading and surfacing. (d) Tenant shall be responsible for any alterations and maintenance of any or all dwellings owned by the Landlord and being used by Tenant and shall pay for same. However, tenant must receive written approval prior to any alterations of said dwellings. (e) Tenant shall be responsible for the payment and maintenance of any or all utilities necessary for the operation of Tenant's business. (f) Tenant shall not build or construct any facilities on the Landlord's real estate without the written approval of the landlord. (g) Tenant shall not perform or allow the unloading and /or storage of any materials, whether new or salvage, on any of the Landlord's real estate. (h) Tenant shall not permit the storage of any dumpsters or refuse containers, whether loaded or unloaded, on Landlord's real estate. (i) Tenant shall grant the Landlord access to the Landlord's real estate utilizing Tenant access road, including a key to the gate. (j) Landlord will continue to utilize any portion of Landlord's real estate not being utilized by Tenant. (k) Tenant shall be responsible for all weed control, mowing, snow removal, general maintenance, etc., except those areas that are being utilized by Landlord. (1) Tenant shall have the right to demolish any structures or material on the property that is not being used by either party if Tenant obtains prior written consent of Landlord. (m) Tenant shall have the right of pedestrian and vehicle ingress and egress to and from the leasehold real estate. (n) Tenant shall not store or otherwise dismantle any material, and /or containers on leasehold real estate. (o) Tenant shall not store, whether temporary or permanent, any material that may be described as hazardous and /or potentially pollutant or environmentally dangerous on the Landlord's real estate. 2. Term of Lease. This lease shall be for a period of one year but shall renew automatically for a period of one year unless terminated by either party as indicated below. 3. Option to Terminate. Tenant shall have the unilateral right to terminate this Lease at any time by giving Landlord (90) days written notice of Tenant's exercise of this option. The Landlord also maintains the right to terminate this lease at any time flying the Tenant a (90) days written notification and both will terminate on the last day of the month at the end of the (90) days described. 4. Tenant's Personal Property. Landlord acknowledges and agrees that all personal property, equipment, apparatus, fittings, building, fixtures and trade fixtures installed or stored on the Premises by Tenant constitute personal property, not real property, and shall continue to be the personal and exclusive property of Tenant, including, without limitation, all personal property placed upon the Premises by the Tenant (collectively, "Tenant's Equipment. "). Tenant's Equipment shall remain at all times the personal property of Tenant, and neither Landlord nor any person claiming by, through or under Landlord shall have any right, title or interest (including without limitation, a security interest) in Tenant's Equipment. Tenant, and Tenant's successors in interest, shall have the right to remove Tenant's Equipment at any time during the term of this Lease or its earlier termination. With respect to the holder of any mortgage, deed of trust or other lien affecting Landlord's interest in the Premises, whether existing as of the date hereof or arising hereafter, Landlord and Tenant hereby agree, acknowledge and declare that Tenant's Equipment is now and shall at all times hereafter remain the personal and exclusive property of Tenant. The parties further acknowledge and agree that Landlord shall have no right or authority to grant a lien upon or security interest in any of Tenant's Equipment. 5. Utilities. Tenant shall be responsible for the separate metering, billing, and payment of its utility services consumed by its operations. All meter locations shall be approved by the Landlord. 6. Taxes. Tenant shall pay any personal property taxes levied against Landlord's buildings and Tenant's property. Landlord shall pay any real estate taxes and assessments attributable to the land underlying the Premises, and any personal property taxes levied against the property, and any other of Landlord's equipment or property. 7. Access. Tenant shall have unrestricted access to the site at all hours of the day and night without notice to the Landlord. 8. Compliance with Laws. Tenant, shall, at Tenant's cost and expense, comply with all federal, state, county or local laws, rules, regulations and ordinances now or hereafter enacted by any governmental authority or administrative agencies having jurisdiction over the Premises and Tenant's operations thereupon. 9. Mutual Indemnification. Tenant shall indemnify and hold Landlord harmless from and against any loss, damage, or injury caused by, or on behalf of, or through the fault of the Tenant, or resulting from Tenant's use of the Premises or its presence at the Site. Landlord shall indemnify and hold Tenant harmless from and against any loss, damage, or injury caused by, or on behalf of, or through the fault of the Landlord. Nothing in this Article shall require either party to indemnify the other party against such other party's own willful or negligent misconduct. 10. Insurance. Tenant shall continuously maintain in full force and effect a policy of commercial general liability insurance with limits of not less than One Million Dollars covering Tenant's work and operations upon Landlord's lands, and a certificate showing insurance is in full force annually by January 1, of each year of the lease. 11. Default. If Landlord or Tenant fails to comply with any provision of this Lease which the other party claims to be a default hereof, the party making such claim shall serve written notice of such default upon the defaulting party, whereupon a grace period of thirty (30) days shall commence to run during which the defaulting party shall undertake and diligently pursue a cure of default. 12. Title, Access and Authority. Landlord covenants and warrants to Tenant that Landlord presently owns the fee simple interest in and to the Property; that the Premises are served by legal access from a public way; that Landlord is duly authorized and empowered to enter into this lease; and that the person executing this lease on behalf of the Landlord warrants himself to be duly authorized to bind the Landlord hereto. 13. Assignment of Tenant's Interest. Any assignment of this Lease by Tenant shall require Landlord's prior written consent. 14. Surrender. Upon the expiration or earlier termination of this Lease, Tenant shall remove all of Tenant's property from the Site and surrender the Premises to Landlord in good condition, reasonable wear and tear excepted. The parties agree that all of Tenant's property must be removed from the Site not later than the date of expiration or effective termination hereof at Tenant's cost. 15. Binding Effect. All of the covenants, conditions, and provisions of this Lease shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. 16. Entire Agreement. This Lease constitutes the entire agreement of the parties, and may not be modified except in writing signed by the party against whom such modification is sought to be enforced. IN WITNESS WHEREOF, the parties have executed this Lease as of the date first above written. TENANT: Robert Hanner Hanner Salvage By: Robert Hader Personally and on behalf of Hanner Salvage State of Nebraska County of Washington ) ss. I, the undersigned, a notary public in and for the State and County aforesaid, do hereby certify that Robert Hanner, known to me to be the same person whose name is subscribed to the foregoing Lease, appeared before me this day in person and acknowledged that, pursuant to his authority, he signed the said Lease as his free and voluntary act Personally and on behalf of Hanner Salvage for the uses and purposes therein stated. Given under my hand and seal this J5 day of a iv Notary Public My commission expires d° , 2008. 2 ;Z. LANDLORD: CITY OF BLAIR State of Nebraska County of Washington ) ss. I, the undersigned, a notary public in and for the State and County aforesaid, do hereby certify that James Realph, Mayor, known to me to be the same person whose name is subscribed to the foregoing Lease, appeared before me this day in person and acknowledged that, pursuant to his authority, he signed the said Lease as his free and voluntary act on behalf of the City of Blair for the uses and purposes therein stated. Given under my hand and seal this 13th day of May, 2008. Notary Public My commission expires