HomeMy WebLinkAboutCedar Valley Tech Works-12/10/2012SNOW DEPOSITION AGREEMENT
This Snow Deposition Agreement (the "Agreement") is entered into as of
b2.e.u-v ,?2�' ,�,Q , 2012, by and between the City of Waterloo, Iowa ("City") and Cedar Valley
Tech Works, Inc. ("CVTW").
RECITALS
A. The City is responsible for the timely removal of snow from the downtown area as
part of the normal winter operations. As necessary, the City desires to obtain the
right to utilize a portion of the CVTW Tech II rear parking area (area bordered from
W. Jefferson and W. Commercial Streets) for the purpose of downtown snow storage.
B. CVTW owns real property in the vicinity of West Jefferson and West Commercial
Streets and is willing to allow City to use its property on the terms set forth herein.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual promises exchanged herein, and for
other consideration, the receipt and sufficiency of which is hereby acknowledged, the parties
agree as follows:
1. License of Use. CVTW hereby grants to City a license of use for those portions
of the parking area in TechWorks Addition, near the intersection of Commercial Street and
Jefferson Street, as specifically designated by CVTW from time to time. Generally, City shall
attempt to deposit snow as near to Commercial Street as possible, shall not deposit snow in any
area lying to the West of the "Tech I" building, and shall maintain a distance of at least 100 feet
from any building. City shall begin depositing snow near Jefferson Street and work its way
westerly. Upon request by CVTW, City may be required to remove or relocate snow as
requested in connection with development activities involving the "Tech II" building. The
designated area may be used only for temporary snow storage. City may not assign or transfer
the license to any other person or entity and, without the prior written consent of CVTW, may
not use the area for any purpose not authorized by this Agreement. CVTW may revoke the
License at any time and for any reason upon fourteen (14) days' advance written notice to
Director, Waterloo Public Works, 1314 Black Hawk Street, Waterloo, IA 50702. In any event,
the license granted by this Agreement shall expire May 31, 2013.
2. Condition and Care of Deposition Area. The area is made available to City "AS
IS", without representation or warranty as to fitness for use or otherwise. CVTW will not at any
time undertake any action to ready or maintain the area for use by City. City acknowledges that it
has inspected the area and deemed it to be suitable for the use contemplated by this Agreement.
City will be responsible for cleanup and disposal of any litter left as a result of snow storage.
3. Restriction on Use. City acknowledges that CVTW or a third party intends to
undertake a large-scale construction and renovation project on the property. At no time may the
area be used in a way that would interfere with the project or any related staging.
4. Hold Harmless. City hereby agrees to indemnify and hold CVTW harmless with
respect to any and all liability, claims, demands, actions, causes of action, and/or damages
whatsoever, including but not limited to reasonable attorneys' fees and expenses, to any person
or property which may arise out of or are in any way connected with use of the area by City. All
activities undertaken by City as contemplated by this Agreement shall be at the sole cost and
expense of City.
5. Miscellaneous Provisions. This Agreement is binding upon and shall inure to the
benefit of the parties and their respective successors and assigns. This Agreement is the entire
agreement between the parties pertaining to the subject matter hereof and supersedes all prior
understandings or agreements relating to the subject matter hereof, whether oral or written, and this
Agreement may not be modified except by the mutual written agreement of both parties. Time is
of the essence of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Snow Deposition Agreement
by their duly authorized representatives as of the date first set forth above.
CEDAR VALLEY TECH WORKS, INC. CITY OF ATERLOO, IOWA
By:
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By:
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Ernest G. Clark, Mayor
Attest:
Suzy Schar,s, Clerk