HomeMy WebLinkAboutAGM, LLC-8/3/2015Prepared by: Aric Schroeder, 715 Mulberry Street, Waterloo, Iowa 50703 (319) 291-4366
ENCROACHMENT AGREEMENT
THIS ENCROACHMENT AGREEMENT is entered into by and between AGM LLC
(hereinafter "AGM"), and the City of Waterloo, Iowa (hereinafter "City") this 1'®r day of August,
2015.
WHEREAS, AGM is the owner of real estate commonly known as 2864 Burton Avenue,
Waterloo, Iowa 50703 and legally described as Lot 1 of Burton Avenue Industrial Park, in the City
of Waterloo, Black Hawk County, Iowa (hereinafter "AGM Property"); and
WHEREAS, AGM is proposing to build and maintain a parking area (hereinafter the
"Encroachment") that will encroach into the public right-of-way of Burton Avenue (hereinafter
"Street"); and
WHEREAS, for the benefit of the AGM Property and its owner(s), AGM is requesting to allow the
Encroachment within a portion of said Street legally described as: The Easterly 14 feet of the Public
Right of Way of Burton Avenue, said Line of Public Right of Way is Coincident with the Westerly Line
of Lot 1 of Burton Avenue Industrial Park, in the City of Waterloo, Black Hawk County, Iowa, lying
adjacent to said Lot 1 and Southerly of the Northerly Line of said Lot 1 extended, and Northerly of the
Southerly Line of said Lot 1 extended, excluding the Northerly 50 feet thereof (hereinafter the
"Encroachment Area"); and
WHEREAS, the City is willing to allow the Encroachment to encroach into said Street as
described above, subject to the terms and conditions set forth herein.
THEREFORE IT IS HEREBY AGREED by and between the parties as follows:
1. AGM hereby recognizes and reaffirms the existence and public ownership of the Street
and claims no rights or privileges therein except to the limited extent provided for in this
agreement.
2. The City grants AGM the right to place and maintain the Encroachment in and upon the
Encroachment Area of said Street, subject to the rights of the City and/or any agency to
which the City has granted a utility franchise or right-of-way License Agreement to and
for access over, under and upon said Street, expressly recognizing and acknowledging
that any damage that occurs to the Encroachment will be the sole risk and expense of
AGM, including removing or replacement expenses. hi the event that the City and/or
any agency to which the City has granted a utility franchise or right-of-way License
Agreement needs the Encroachment to be temporarily removed for access to said
Street, AGM shall remove the Encroachment if present and able, otherwise the City
and/or any agency to which the City has granted a utility franchise or right-of-way
License Agreement shall be authorized to remove the Encroachment and assess any
costs for removing same against AGM or against AGM Property.
3. The term of this agreement shall be for so long as said encroachment is maintained by
AGM and continues to exist, and that this agreement shall automatically terminate if
said Encroachment is removed (other than for temporary removal during replacement
or repair). The parties agree that this agreement is appurtenant to the AGM Property
and runs with the land. This agreement may be terminated by the City of Waterloo
upon 60 days advance written notice and order to permanently remove to AGM, or any
transferees, successors and assigns. If responsible parties fail to remove said
encroachment upon termination of this agreement, the City of Waterloo is hereby
authorized to remove said Encroachment and assess costs to AGM or against AGM
Property.
4. AGM shall protect, defend, indemnify, and hold harmless the City and its successors
and assigns, and their officers, elected officials, employees, and agents, and any
agency to which the City has granted a utility franchise or right-of-way License
Agreement, from and against any claim, damages, liability and expenses (including,
but not limited to, reasonable attorneys fees and costs of litigation) of any type or
nature whatsoever arising out of the use, maintenance or removal of said
Encroachment, including but not limited to any damage to said Encroachment. This
covenant shall survive the termination of this Agreement.
5. This is the entire agreement between the parties with respect to the subject matter
hereof. It may be amended only in a written instrument signed by the parties. This
agreement is binding upon the parties and their respective transferees, successors, heirs
and assigns. Time is of the essence in observing the terms of this agreement.
IN WITNESS WHEREOF, the parties have executed this Encroachment Agreement by their
duly authorized officers as of the date first set forth above.
AGM LLC CITY OF ATERLOO, IOWA
Michael Crow
By:
Owner/President Ernest G. Clark, Mayor
Attest:;
uzy Sches, City Clerk
STATE OF IOWA
COUNTY OF BLACK HAWK ) SS.
This instrument was acknowledged before me on this a day of July, 2015, by Michael Crow,
as Owner/President of AGM LLC.
STATE OF IOWA )
COUNTY OF BLACK HAWK ) SS.
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Notary Public
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This instrument was acknowledged before me on this 3 day of August, 2015, by Ernest G.
Clark and Suzy Schares as Mayor and City Clerk, respectively, of the City of Waterloo.
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Notary Publi