Loading...
HomeMy WebLinkAbout500 Sycamore St Housing Coop-8/11/2014Prepared by Christopher S. Wendland, 315 E. 5th Street, Waterloo, IA 50703. 319-234-5701 ENCROACHMENT AGREEMENT THIS ENCROACHMENT AGREEMENT ("Agreement") is entered into by and between 500 Sycamore Street Housing Coop, hereinafter "Owner", and the City of Waterloo, Iowa, hereinafter "City" this 81t1' day of August, 2014. WHEREAS, Owner is the owner(s) of real estate commonly known as the Park Towers Building located at 500 Sycamore Street, Waterloo, Iowa and legally described as the Northwesterly 60 feet of Lot 2, Block 4 and the Northwesterly 60 feet of Lot 3, Block 4 of the Original Plat of East Waterloo in the City of Waterloo, Black Hawk County, State of Iowa, hereinafter "Owner's Property"; and WHEREAS, there is City owned right-of-way adjacent to the Northwesterly line and Northeasterly line of Owner's Property, which is dedicated as public East Park Avenue and public Sycamore Street respectively ("City Property"); and WHEREAS, the building and various features of the building located on the Owner's Property that encroach upon and over the City Property, consisting of a 0.11' building encroachment into the City Property along Sycamore Street, as well as roof overhang and entrance canopies/awnings along Sycamore Street and East Park Avenue (each an "Encroachment"); and WHEREAS, the Owner desires to maintain the Encroachments, and the City is willing to allow the Encroachments subject to the terms set forth herein. NOW THEREFORE, in consideration of the mutual promises exchanged herein, the parties agree as follows: 1. Affirmation. The Owner hereby recognizes and reaffirms the City Property, notwithstanding the existence of the Encroachments or their previous duration for any length of time. The Owner claims no rights in or to the City Property, or any part thereof. 2. Grants. The City grants the Owner the right to maintain the Encroachments into, over and upon the City Property, subject to the rights of the City and/or any public or private agency (a "Franchisee") to which the City has granted a utility franchise for access over, under and upon the City Property. If the Owner chooses at any time to repair or replace the Encroachment, the physical footprint of the Encroachment may not be enlarged as compared to its current dimensions, and any reduction in the size of the Encroachments shall automatically cause a commensurate reduction in the physical scope of the rights granted hereunder. The parties expressly acknowledge that any damage that occurs to the Encroachments in connection with ordinary use of the City Property, the work of repair or improvement to the street, sidewalk, or the work of repair or improvement to public or utilities infrastructure located in or upon the City Property will be the sole risk and expense of the Owner, including but not limited to repair or removal expenses. The City will exercise reasonable care in performing any work that it undertakes in and upon the City Property. 3. Term of Agreement. The term of this Agreement shall be for so long as said Encroachment continues to exist and is used and maintained by the Owner. This Agreement shall automatically terminate if said Encroachment is removed (other than for temporary removal during replacement or repair). It is understood and agreed that this Agreement is appurtenant to the real estate and runs with the land. 4. Indemnification. The Owner shall protect, defend, indemnify, and hold harmless the City and any Franchisee, and the officers, elected officials, employees, contractors and agents of each, from and against any claim, demand, cause of action, damages, liability of any type or nature whatsoever (including but not limited to reasonable attorney' fees and costs) arising out of or in any way connected with Encroachments or the use or maintenance of the City Property on or over which an Encroachment exists by the Owner, its employees, contractors and agents, including but not limited to any damage to Encroachments by any person. Nothing herein shall be construed to impose on the Owner a duty to maintain the City Property on or over which an Encroachment exists (except generally applicable duties of maintenance, including but not limited to snow removal and sidewalk repair) or to monitor its use by any person except for the employees, contractors and agents of the Owner. This covenant shall survive the termination of the Agreement. 5. General — This Agreement is binding upon and shall inure to the benefit of the parties and the respective successors and assigns of each. This Agreement, together with any addenda or exhibits hereto, constitutes the entire agreement of the parties and supersedes all prior or contemporaneous negotiations, discussions, understandings, or agreements, whether oral or written, with respect to the subject matter hereof. This Agreement may be modified only by the mutual written agreement of the parties. IN WITNESS WHEREOF, the parties have executed this Encroachment Agreement by their duly authorized representatives as of the date first set forth above. 500 Sycamore Street Housing Coop By: rent Dahlstrom Its: Managing Member 2 STATE OF IOWA ) COUNTY OF BLACK HAWK ) SS. This record was acknowledged before me on this /Pi day of August, 2014, by Brent Dahlstrom as Managing Member of 500 Sycamore Street Housing Coop. 4'PI�L 6F ' J. MOSTEK o COMMISSION No, 720408 MY COMMISSPON EXPIRES January 1512015 o City of Waterloo By: Ernest G. Clark Its: Mayor Attest: Suzy Schares, City Clerk Notary Public STATE OF IOWA ) COUNTY OF BLACK HAWK ) SS. This instrument was acknowledged before me on this day of August, 2014, by Ernest G. Clark and Suzy Schares as Mayor and City Clerk, respectively, of the City of Waterloo, Iowa. Notary Public 3 Prepared by Christopher S. Wendland, 315 E. 5th Street, Waterloo, IA 50703. 319-234-5701 ENCROACHMENT AGREEMENT THIS ENCROACHMENT AGREEMENT ("Agreement") is entered into by and between 500 Sycamore Street Housing Coop, hereinafter "Owner", and the City of Waterloo, Iowa, hereinafter "City" this 8 177 day of August, 2014. WHEREAS, Owner is the owner(s) of real estate commonly known as the Park Towers Building located at 500 Sycamore Street, Waterloo, Iowa and legally described as the Northwesterly 60 feet of Lot 2, Block 4 and the Northwesterly 60 feet of Lot 3, Block 4 of the Original Plat of East Waterloo in the City of Waterloo, Black Hawk County, State of Iowa, hereinafter "Owner's Property"; and WHEREAS, there is City owned right-of-way adjacent to the Northwesterly line and Northeasterly line of Owner's Property, which is dedicated as public East Park Avenue and public Sycamore Street respectively ("City Property"); and WHEREAS, the building and various features of the building located on the Owner's Property that encroach upon and over the City Property, consisting of a 0.11' building encroachment into the City Property along Sycamore Street, as well as roof overhang and entrance canopies/awnings along Sycamore Street and East Park Avenue (each an "Encroachment"); and WHEREAS, the Owner desires to maintain the Encroachments, and the City is willing to allow the Encroachments subject to the terms set forth herein. NOW THEREFORE, in consideration of the mutual promises exchanged herein, the parties agree as follows: 1. Affirmation. The Owner hereby recognizes and reaffirms the City Property, notwithstanding the existence of the Encroachments or their previous duration for any length of time. The Owner claims no rights in or to the City Property, or any part thereof. 2. Grants. The City grants the Owner the right to maintain the Encroachments into, over and upon the City Property, subject to the rights of the City and/or any public or private agency (a "Franchisee") to which the City has granted a utility franchise for access over, under and upon the City Property. If the Owner chooses at any time to repair or replace the Encroachment, the physical footprint of the Encroachment may not be enlarged as compared to its current dimensions, and any reduction in the size of the Encroachments shall automatically cause a commensurate reduction in the physical scope of the rights granted hereunder. The parties expressly acknowledge that any damage that occurs to the Encroachments in connection with ordinary use of the City Property, the work of repair or improvement to the street, sidewalk, or the work of repair or improvement to public or utilities infrastructure located in or upon the City Property will be the sole risk and expense of the Owner, including but not limited to repair or removal expenses. The City will exercise reasonable care in performing any work that it undertakes in and upon the City Property. 3. Term of Agreement. The term of this Agreement shall be for so long as said Encroachment continues to exist and is used and maintained by the Owner. This Agreement shall automatically terminate if said Encroachment is removed (other than for temporary removal during replacement or repair). It is understood and agreed that this Agreement is appurtenant to the real estate and runs with the land. 4. Indemnification. The Owner shall protect, defend, indemnify, and hold harmless the City and any Franchisee, and the officers, elected officials, employees, contractors and agents of each, from and against any claim, demand, cause of action, damages, liability of any type or nature whatsoever (including but not limited to reasonable attorney' fees and costs) arising out of or in any way connected with Encroachments or the use or maintenance of the City Property on or over which an Encroachment exists by the Owner, its employees, contractors and agents, including but not limited to any damage to Encroachments by any person. Nothing herein shall be construed to impose on the Owner a duty to maintain the City Property on or over which an Encroachment exists (except generally applicable duties of maintenance, including but not limited to snow removal and sidewalk repair) or to monitor its use by any person except for the employees, contractors and agents of the Owner. This covenant shall survive the termination of the Agreement. 5. General — This Agreement is binding upon and shall inure to the benefit of the parties and the respective successors and assigns of each. This Agreement, together with any addenda or exhibits hereto, constitutes the entire agreement of the parties and supersedes all prior or contemporaneous negotiations, discussions, understandings, or agreements, whether oral or written, with respect to the subject matter hereof. This Agreement may be modified only by the mutual written agreement of the parties. IN WITNESS WHEREOF, the parties have executed this Encroachment Agreement by their duly authorized representatives as of the date first set forth above. 500 Sycamore Street Housing Coop y: Brent Dahlstrom Its: Managing Member 2 STA I OF IOWA ) COUNTY OF BLACK HAWK ) SS. This record was acknowledged before me on this / • - day of August, 2014, by Brent Dahlstrom as Managing Member of 500 Sycamore Street Housing„Co p. Ji L.,. dig. --t z. .� !c� e BABBAkt J. MOSTEK COMMISSION NO. 720408 MY COMMISSION EXPIRES January 15, 2015 City of Waterloo By: Ernest G. Clark Its: Mayor Attest: Suzy Schares, City Clerk Notary Public STATE OF IOWA ) COUNTY OF BLACK HAWK ) SS. This instrument was acknowledged before me on this day of August, 2014, by Ernest G. Clark and Suzy Schares as Mayor and City Clerk, respectively, of the City of Waterloo, Iowa. Notary Public 3