HomeMy WebLinkAboutJSA Development, LLC-8/26/2013TEMPORARY ENCROACHMENT AGREEMENT
Prepared by: David Zellhoefer, 715 Mulberry Street, Waterloo, Iowa 50703 (319) 291-4327
THIS TEMPORARY ENCROACHMENT AGREEMENT is entered into by and between JSA
Development, LLC, hereinafter "JSA", and the City of Waterloo, Iowa, hereinafter "City" this
Twenty Sixth day of August, 2013.
WHEREAS, JSA is the owner(s) of real estate commonly known as 223-229 West 4th Street,
Waterloo, Iowa 50701 and legally described as Lot 6, except the Northeast 60' thereof, and the
Northwest 25 feet of Lot 7, except the Northeast 60' thereof, in Block 8 of the Original Plat of
Waterloo West in the City of Waterloo, Black Hawk County, State of Iowa, hereinafter "JSA
property"; and
WHEREAS, there is City owned right-of-way adjacent to the Northwesterly line of JSA
property, which is dedicated as public West 4th Street, hereinafter "Street"; and
WHEREAS, JSA is requesting to place a 105 square foot triangular bulletin board sign within said
Street right-of-way, hereinafter "sign"; and
WHEREAS, the City will allow said Sign to encroach into said Street as shown on attached
Exhibit "A", subject to the following agreement regarding each party's rights.
THEREFORE IT IS HEREBY AGREED by and between the parties as follows:
1. Affirmation - JSA hereby recognizes and reaffirms, said Street.
2. Grants - The City grants JSA the right to temporarily place and maintain said Sign on
and over said Street, expressly recognizing and acknowledging that any damage that
occurs to said Sign will be the sole risk and expense of JSA, including moving or
replacement expenses.
3. Term of Agreement - The term of this agreement shall be from August 6, 2013
through August 31, 2014. This agreement shall automatically terminate if said
encroachment is removed (other than for temporary removal). It is understood and
agreed that this agreement may be terminated by the City upon 60 days notice and
order to permanently remove to JSA, or any successors and assigns, and that JSA, and
any successors and assigns, agree to remove said encroachment(s) prior to the end of
the 60 days notice and termination of this agreement. If JSA, or any successors and
assigns, fail to remove said encroachment upon termination of this agreement, JSA, or
any successors and assigns, authorize the City to remove said encroachment and assess
costs to JSA, or any successors and assigns, or against the JSA property.
4. Indemnification - JSA, and all successors and assigns shall protect, defend,
indemnify, and hold harmless the City and its successors and assigns, and its officers,
elected officials, employees, and agents, and any agency to which the City has granted
a utility franchise from any claim, damages, liability and expenses (including, but not
limited to, reasonable attorneys fees and costs of litigation) arising out of the use or
maintenance of said encroachment, including any damage to said encroachment. This
covenant shall survive the termination of this Agreement.
JSA D opment, L
Attest:
im alsh
ts: Manager
City of VV�aterloo
By: Ernest G. Clark
Its: Mayor
Suzy Sc es, City Clerk
STATE OF IOWA )
COUNTY OF BLACK HAWK ) SS.
This record was acknowledged before me on August , 1 , 2013, by Jim Walsh as Manager of
JSA Development, LLC.
MARY L. ROTHS
COMMISSION NO. 103746
MY MMIS$10_ NIKES
STATE OF IOWA )
COUNTY OF BLACK HAWK ) SS.
This instrument was acknowledged before me on this ` , day of August, 2013, by Ernest G.
Clark and Suzy Schares as Mayor and City Clerk, respectively, of the City of Waterloo.
UNNEA MARTINEZ
A.
COMMISSION No r7s�a
enaaa RISJI4ON DOMES