HomeMy WebLinkAboutBenton's Sand and Gravel Inc-3/12/2012SPECIAL INDEMNITY ADDENDUM
Whereas, the City of Waterloo, Iowa ("City") and Benton's Sand and Gravel, Inc.
("Contractor") are parties to a certain agreement (the "Demo Contract") for Contractor to
demolish a multi -unit residential building (the "Structure") on real property owned by City at
626-628 W. 9th Street, Waterloo; and
Whereas, the Structure is over a century old, is of brick construction, and has begun to
collapse, endangering the physical integrity of the remainder of the Structure, and the parties,
having examined the current condition of the Structure, are concemed that demolition of the
Structure poses heightened risks that the Structure may collapse in an uncontrolled fashion; and
Whereas, less than five feet from one end of the Structure is a similar building on land
owned by a third party at 620-622 W. 9th Street (the "Adjacent Building"), which would be in
danger of being damaged to an unforeseeable extent should the Structure collapse in an
uncontrolled manner during demolition;
Now, therefore, in recognition of the circumstances described above and the need to
demolish the Structure on an emergency basis, the parties agree that the following terms shall be
included in the Demo Contract:
1. City agrees to indemnify Contractor from and against any and all claims,
demands, causes of action, damages, costs and liabilities of any type or nature, including
reasonable attorney's fees, arising from or in connection with damage to the Adjacent Building
that results from an uncontrolled collapse of the Structure during Contractor's demolition
activities.
2. Notwithstanding the foregoing, Contractor agrees to use all reasonable methods in
the circumstances to mitigate the risk of an uncontrolled collapse of the Structure that would
cause damage to the Adjacent Building and to undertake all activities of demolition with due
care. Except to the limited extent modified by this addendum, all terms and conditions of the
Demo Contract shall remain unmodified and in full force and effect.
CITY OF WA I ERLOO, IOWA
By: * -J
BENTON'S SAND AND GRAVEL, INC.