HomeMy WebLinkAboutKwik Trip - right of way agreement-9/5/2017Item Coversheet
CITY ®lF WATERLOO
Council Communication
Page 1 of 1
Resolution approving Right -of -Way License Agreement with Kwik Trip, Inc. allowing the use of city Right -of -Way along Ansborough Avenue for
a Network Segment, an.. . ire Mayor to execute said document.
City Council Meetin
Prepared: 8/30/2017
: 9/5/2017
ATTACHMENTS:
Description . Type
CI ROW license agreement Kwik Trip Cover Memo
CI ROW license agreement Kwik Trip map Cover Memo
SUBJECT:
Submitted by:
Summary Statement:
Resolution approving Right -of -Way License Agreement with Kwik Trip, Inc. allowing the use of city
right-of-way for a communication system; and authorize Mayor and City Council to execute said
document.
Submitted By: Dennis Gentz, PE, Assistant City Engineer
Use of right-of-way for a communication system along Ansborough Avenue between the car wash and
store.
https://waterloo.novusagenda.com/AgendaWeb/CoverSheet.aspx?ItemID=9504 8/30/2017
RIGHT-OF-WAY LICENSE AGREEMENT
SECTION 1. DEFINITIONS
a. "City" shall mean the City of Waterloo, Iowa and, where appropriate, shall include its
officers, employees and agents.
b. "Licensee" shall mean Kwik Trip, Inc. or any of its designated subsidiaries.
c. "Network Segment" shall mean the communications system laid or to be laid,
constructed, installed, repaired, maintained, and operated by Licensee within the corporate limits
of the City of Waterloo as contemplated by this Agreement and shall include all equipment
owned, operated, leased or subleased in connection with the operation of the Network Segment,
including but not be limited to poles, pedestals, wires, pipes, cables, underground conduits,
ducts, manholes, vaults, fiber optic cables, and other structures, facilities or appurtenances. As
of the date of this Agreement, the initial Network Segment route is generally depicted on Exhibit
"A" attached hereto, and the parties agree that, for purposes of this Agreement, the initial
Network Segment route consists of 80 feet of network.
d. "Public Improvements" shall mean any improvements as defined in Code of Iowa
Section 26.2, including but not limited to paving, sidewalks, grass, vegetation, trees, street lights,
traffic signals, water mains, sewers, electric transmission lines and equipment related thereto,
and in addition public utilities, on Public Property.
e. "Public Property" shall mean City -owned or controlled public rights-of-way,
easements, bridges, squares or commons.
SECTION 2. BASIC GRANT; RESTRICTED USE
a. Licensee is hereby granted a license to construct, maintain, inspect, protect, repair,
replace and retain a Network Segment in, under, upon, along and across the Public Property
shown and identified in Exhibit "A" hereto, subject to the regulatory powers of the City and
subject to the conditions hereinafter set forth. This Agreement creates no rights to expand the
Network Segment or to create or install a new network segment, except on the terms provided in
this Agreement.
SECTION 3. TERM OF AGREEMENT
a. This Agreement and the rights conferred hereunder shall commence on G' E,
2017 (the "Effective Date"), and shall continue for such period of time as Licensee, or its
successors and assigns, operate the Network Segment.
the posting of a bond required under applicable law or ordinance regulating work in or upon
Public Property, if such is not waived by the City, the License Request shall be approved so that
the Licensee may proceed in accordance with the approved maps, plans or specifications.
c. Approval of a License Request does not constitute any statement, representation, or
assurance by City as to the presence or location of any privately maintained facilities, equipment
or infrastructure. No such excavation, construction or erection shall be commenced before
approval of the License Request, unless it is an emergency as determined by Licensee in good
faith, and all work shall be in accordance with the approved maps, plans or specifications. If
Licensee extends or expands its Network Segment without following the License Request
process prescribed by this Section, the Administrative Fee and the fee minimum shall double,
and Licensee shall be liable for any Management Fees that it failed to timely pay, plus interest
thereon at 12% per annum, compounded monthly.
d. Each expansion or extension of the Network Segment for which a License Request is
approved, and the plans, maps, and specifications therefor, shall be deemed incorporated into this
Agreement by reference as an addendum hereto. All of Licensee's activities in relation to said
expanded or extended Network Segment shall be subject to the terms of this Agreement.
SECTION 6. CONSTRUCTION AND REPAIR OF FACILITIES
a. In the process of location, construction, reconstruction, replacement, or repair of any
Network Segment system component, the excavation or obstruction made or placed in Public
Property at any time or for any purpose by the Licensee shall, to protect the public and to assure
the safe and efficient movement of traffic, be properly barricaded to comply, at a minimum, with
requirements set forth in the latest edition of the Manual on Uniform Traffic Control Devices
(MUTCD). The Licensee shall not unnecessarily obstruct the use of streets, avenues, alleys or
public places, shall limit obstructions to the minimum area and time necessary, shall provide the
City Engineer with no less than 24-hour notice prior to the actual commencement of the work
and shall comply with all provisions, requirements, and regulations in accordance with City
ordinances and this Agreement in performing such work. The Licensee shall conduct its work
hereunder in such manner as to cause as little interference as possible with pedestrian and
vehicular traffic, and shall abide by scheduling directions, if any, given by the City Engineer. In
emergencies which require immediate excavation the Licensee may proceed with the work
without first applying for an excavation permit or other applicable permits, provided, however,
that the Licensee shall apply for and obtain the permit(s) as soon as possible after commencing
such emergency work.
b. All pavement taken up or damaged, and any other disturbed areas, shall be properly
and speedily replaced in accordance with the City's regulations. As a condition to use of Public
Property, the Licensee shall at its own expense repair any private property, utility system
component, public improvement or Public Property damaged by such location, construction,
reconstruction, replacement or repair work, in a manner reasonably acceptable to City. If, after
excavations have been made, the Licensee fails to repair or arrange with the City for the proper
repair and restoration of any Public Property to a condition as good as the condition of such
property prior to the disturbance of same, and after seven (7) days notice in writing to do so is
given to its designated representative, the City may make such repairs at the expense of the
3
c. The Licensee shall, upon reasonable notice and at its sole cost and expense, remove,
locate and relocate its Network Segment facilities in, on, over or under Public Property in such
manner as the City may at any time reasonably require for the purpose of facilitating the
construction, reconstruction, maintenance, repair or change in grade of any public improvement
on, in or about any such Public Property, for the purpose of promoting the efficient operation of
any such improvement, or for the purposes of facilitating the vacation and/or redevelopment of
public right-of-way by the City. In the event the Licensee fails to act and proceed with diligence
to begin and/or complete said relocation or removal within a reasonably allocated time, or if City
in its discretion chooses to allow Licensee to post a performance bond and Licensee fails within
a reasonable time set by the City to furnish a satisfactory performance bond providing for
completion of the required relocation by a designated date, the City at its option may cause the
Licensee facilities to be relocated or removed and then demand reimbursement of costs and
expenses from the Licensee, including interest at the rate of 12% per annum, compounded
monthly, without liability to the City for any loss or damage caused by such relocation or
removal. In addition to the foregoing remedies, City at its option may impose a fine of
$1,000.00 per day or portion thereof starting fourteen (14) days following the City's request and
Licensee's failure to diligently act or, as appropriate in the circumstances, starting seven (7) days
following Licensee's failure to complete the required relocation by the date designated in
connection with the performance bond. Sums payable under this paragraph are due and payable
by the Licensee to the City within thirty (30) days after receipt of the City's billing.
d. The Licensee shall not place its Network Segment facilities in the Public Property
where the same will interfere with the normal use or maintenance of any Public Improvement,
including but not limited to streets, alleys, traffic control devices, sanitary sewers, storm sewers,
storm drains, or any public utility facility.
e. Upon request, the Licensee agrees to assist in locating underground facilities which
are part of its Network Segment. Such assistance will be provided in a timely manner, but not
more than forty-eight (48) hours after the time of request. As a condition of this Agreement, the
Licensee shall enroll as a member of the "Iowa One -Call System" and shall respond to all
requests and notifications placed to the toll free "One -Call" number.
f. Installation, repair, or replacement work completed by the Licensee that requires
excavation of Public Property or public right-of-way shall require restoration and replacement
of (a) any improvements that were removed, destroyed or damaged by the Licensee's work to a
condition at least equal to the condition of such premises before the Licensee's work was
undertaken, and (b) surface vegetation with sod in conformance with City ordinances and in
accordance with standard local practices for placing sod. All work of restoration and
replacement shall be subject to inspection and approval by the City Engineer or his designee.
SECTION 10. POWERS OF CITY
a. Nothing in this Agreement shall be construed to abridge the right or power of the City
to make further regulations relative to the use of the streets, alleys and public grounds by anyone
using the same for the erection and maintenance of utility systems.
5
SECTION 14. LIABILITY, INDEMNIFICATION AND INSURANCE
a. The Licensee covenants, at its sole cost and expense, to indemnify, defend, and save
the City and its officers, agents and employees, harmless from any and all costs, damages, losses
and liabilities whatsoever (including but not limited to the reasonable fees and expenses of
attorneys and accountants), of any kind or nature, whether in tort or contract, arising directly or
indirectly from the exercise of the rights granted herein or from the acts or omissions of
Licensee, its employees, contractors and agents, in respect of the Network Segment, any
Network Segment facilities, any work relating thereto, or any access to or use of the Network
Segment by third parties.
b. The Licensee agrees to require contractors and subcontractors engaged in work for
the Licensee within the public rights-of-way or on public property to maintain in effect during
the term of work liability insurance in comprehensive form and in the amounts to be reasonably
set by the City.
c. Licensee agrees to accept the risk of having its communications systems and
equipment upon the public right-of-way, including the possible risk of damage or injury to its
system or equipment, and agrees to release and discharge the City of any liability for damage or
injury to Licensee's equipment, except to the extent caused by the City's gross negligence. In no
event shall the City be liable for any consequential damages arising out of any damage or injury
to Licensee's equipment placed in the right-of-way.
d. The covenants set forth in this Section shall survive the termination or expiration of
this Agreement for any reason.
SECTION 15. SEVERABILITY
a. In the event any provision of this Agreement is held invalid, illegal, or unenforceable,
whether in whole or in part, the offending provision or part thereof shall be deemed severed from
this Agreement and the remaining provisions of this Agreement shall not be affected thereby and
shall continue in full force and effect. If, for any reason, a court finds that any provision of this
Agreement is invalid, illegal, or unenforceable as written, but that by modifying or limiting such
provision it would become valid, legal, and enforceable, then such provision shall be deemed to
be written and shall be construed and enforced as so modified or limited without affecting the
remaining provisions of this Agreement, provided, however, that in such event City shall have
the option, exercisable in its sole discretion, to terminate this Agreement.
SECTION 16. ASSIGNMENT
a. Licensee shall not assign or otherwise transfer this Agreement or any of its rights and
interest to any firm, corporation or individual without the prior written consent of the City,
except that Licensee shall have the right to assign, convey or otherwise transfer its rights, title,
interest and obligations under this Agreement, in whole or in part, to any entity controlled by,
controlling or under common control with Licensee, or any entity into which Licensee may be
merged or consolidated or which purchases all or substantially all of the assets of Licensee,
provided that Licensee shall notify the City in writing of any permitted assignment, conveyance
or transfer within thirty (30) days of its occurrence.
7
SECTION 20. GOVERNING LAW; LEGAL ACTION
a. This Agreement shall be governed by and construed in accordance with the laws of
the State of Iowa. In any action to interpret, construe or enforce this Agreement, the parties
hereby agree and consent (i) to irrevocably submit to the jurisdiction and venue of the Iowa
District Court for Black Hawk County, over any action or proceeding to enforce or defend any
matter arising from or related to this Agreement; (ii) to irrevocably waive, to the fullest extent a
party may effectively do so, the defense of any inconvenient forum to the maintenance of any
such action or proceeding; and (iii) not to institute any legal action or proceeding against the
other party or any of the directors, officers, officials, employees, successors, assigns, agents or
property of the other party, concerning any matter arising out of or relating to this Agreement, in
any court other than one specified in this Section. If City prevails in any legal action to collect
fees owed by Licensee under this Agreement, Licensee shall be liable for City's reasonable
attorneys' fees and expenses.
SECTION 21. GENERAL PROVISIONS
a. This Agreement constitutes the entire agreement of the parties with respect to the
subject matter hereof. It may not be modified or amended except by a written instrument signed
by both parties. This Agreement is binding upon the parties and the permitted successors,
assigns, transferees and personal representatives of each of them.
IN WITNESS WHEREOF, the parties have entered into this Right -of -Way License
Agreement by their duly authorized representatives as of the Effective Date.
KWIK TRIP, INC.
Scott
By:
Lietlow
Scott Zietlow
Digitally signed by Scott Zletlow
DN: cn=Scott Zietlow, o=Kwik
Trip, Inc, ou=Project Manager,
mall=S7Ietlnwlgkwiktrin rnm_
c=US
Date: 2017.08.0913:46:15.05'00'
(Name in writing)
Title: Project Manager
9
CITY OF WATERLOO, IOWA
By:
Quentin M. Hart, Mayor
Item Coversheet Page 1 of 1
CITY OF WATERLOO
Council Communication
Resolution approving Right -of -Way License Agreement with Kwik Trip, Inc. allowing the use of city Right -of -Way along Ansborough Avenue for
a Network Segment, an ' : ' e Mayor to execute said document.
City Council Meetin: 9/5/2017
Prepared: 8/30/2017
ATTACHMENTS:
Description Type
t3 ROW license agreement Kwik Trip Cover Memo
E3 ROW license agreement Kwik Trip map Cover Menio
SUBJECT:
Submitted by:
Summary Statement:
Resolution approving Right -of -Way License Agreement with Kwik Trip, Inc. allowing the use of city
right-of-way for a communication system: and authorize Mayor and City Council to execute said
document.
Submitted By: Dennis Gentz, PE, Assistant City Engineer
Use of right-of-way for a communication system along Ansborough Avenue between the car wash and
store.
https://waterloo.novusagenda.com/AgendaWeb/CoverSheet.aspx?ItemID=9504 8/30/2017
RIGHT-OF-WAY LICENSE AGREEMENT
SECTION 1. DEFINITIONS
a. "City" shall mean the City of Waterloo, Iowa and, where appropriate, shall include its
officers, employees and agents.
b. "Licensee" shall mean Kwik Trip, Inc. or any of its designated subsidiaries.
c. "Network Segment" shall mean the communications system laid or to be laid,
constructed, installed, repaired, maintained, and operated by Licensee within the corporate limits
of the City of Waterloo as contemplated by this Agreement and shall include all equipment
owned, operated, leased or subleased in connection with the operation of the Network Segment,
including but not be limited to poles, pedestals, wires, pipes, cables, underground conduits,
ducts, manholes, vaults, fiber optic cables, and other structures, facilities or appurtenances. As
of the date of this Agreement, the initial Network Segment route is generally depicted on Exhibit
"A" attached hereto, and the parties agree that, for purposes of this Agreement, the initial
Network Segment route consists of 80 feet of network.
d. "Public Improvements" shall mean any improvements as defined in Code of Iowa
Section 26.2, including but not limited to paving, sidewalks, grass, vegetation, trees, street lights,
traffic signals, water mains, sewers, electric transmission lines and equipment related thereto,
and in addition public utilities, on Public Property.
e. "Public Property" shall mean City -owned or controlled public rights-of-way,
easements, bridges, squares or commons.
SECTION 2. BASIC GRANT; RESTRICTED USE
a. Licensee is hereby granted a license to construct, maintain, inspect, protect, repair,
replace and retain a Network Segment in, under, upon, along and across the Public Property
shown and identified in Exhibit "A" hereto, subject to the regulatory powers of the City and
subject to the conditions hereinafter set forth. This Agreement creates no rights to expand the
Network Segment or to create or install a new network segment, except on the terms provided in
this Agreement.
SECTION 3. TERM OF AGREEMENT
a. This Agreement and the rights conferred hereunder shall commence on Gep131,46 5
2017 (the "Effective Date"), and shall continue for such period of time as Licensee, or its
successors and assigns, operate the Network Segment.
the posting of a bond required under applicable law or ordinance regulating work in or upon
Public Property, if such is not waived by the City, the License Request shall be approved so that
the Licensee may proceed in accordance with the approved maps, plans or specifications.
c. Approval of a License Request does not constitute any statement, representation, or
assurance by City as to the presence or location of any privately maintained facilities, equipment
or infrastructure. No such excavation, construction or erection shall be commenced before
approval of the License Request, unless it is an emergency as determined by Licensee in good
faith, and all work shall be in accordance with the approved maps, plans or specifications. If
Licensee extends or expands its Network Segment without following the License Request
process prescribed by this Section, the Administrative Fee and the fee minimum shall double,
and Licensee shall be liable for any Management Fees that it failed to timely pay, plus interest
thereon at 12% per annum, compounded monthly.
d. Each expansion or extension of the Network Segment for which a License Request is
approved, and the plans, maps, and specifications therefor, shall be deemed incorporated into this
Agreement by reference as an addendum hereto. All of Licensee's activities in relation to said
expanded or extended Network Segment shall be subject to the terms of this Agreement.
SECTION 6. CONSTRUCTION AND REPAIR OF FACILITIES
a. In the process of location, construction, reconstruction, replacement, or repair of any
Network Segment system component, the excavation or obstruction made or placed in Public
Property at any time or for any purpose by the Licensee shall, to protect the public and to assure
the safe and efficient movement of traffic, be properly barricaded to comply, at a minimum, with
requirements set forth in the latest edition of the Manual on Uniform Traffic Control Devices
(MUTCD). The Licensee shall not unnecessarily obstruct the use of streets, avenues, alleys or
public places, shall limit obstructions to the minimum area and time necessary, shall provide the
City Engineer with no less than 24-hour notice prior to the actual commencement of the work
and shall comply with all provisions, requirements, and regulations in accordance with City
ordinances and this Agreement in performing such work. The Licensee shall conduct its work
hereunder in such manner as to cause as little interference as possible with pedestrian and
vehicular traffic, and shall abide by scheduling directions, if any, given by the City Engineer. In
emergencies which require immediate excavation the Licensee may proceed with the work
without first applying for an excavation permit or other applicable permits, provided, however,
that the Licensee shall apply for and obtain the permit(s) as soon as possible after commencing
such emergency work.
b. All pavement taken up or damaged, and any other disturbed areas, shall be properly
and speedily replaced in accordance with the City's regulations. As a condition to use of Public
Property, the Licensee shall at its own expense repair any private property, utility system
component, public improvement or Public Property damaged by such location, construction,
reconstruction, replacement or repair work, in a manner reasonably acceptable to City. If, after
excavations have been made, the Licensee fails to repair or arrange with the City for the proper
repair and restoration of any Public Property to a condition as good as the condition of such
property prior to the disturbance of same, and after seven (7) days notice in writing to do so is
given to its designated representative, the City may make such repairs at the expense of the
3
c. The Licensee shall, upon reasonable notice and at its sole cost and expense, remove,
locate and relocate its Network Segment facilities in, on, over or under Public Property in such
manner as the City may at any time reasonably require for the purpose of facilitating the
construction, reconstruction, maintenance, repair or change in grade of any public improvement
on, in or about any such Public Property, for the purpose of promoting the efficient operation of
any such improvement, or for the purposes of facilitating the vacation and/or redevelopment of
public right-of-way by the City. In the event the Licensee fails to act and proceed with diligence
to begin and/or complete said relocation or removal within a reasonably allocated time, or if City
in its discretion chooses to allow Licensee to post a performance bond and Licensee fails within
a reasonable time set by the City to finish a satisfactory performance bond providing for
completion of the required relocation by a designated date, the City at its option may cause the
Licensee facilities to be relocated or removed and then demand reimbursement of costs and
expenses from the Licensee, including interest at the rate of 12% per annum, compounded
monthly, without liability to the City for any loss or damage caused by such relocation or
removal. In addition to the foregoing remedies, City at its option may impose a fine of
$1,000.00 per day or portion thereof starting fourteen (14) days following the City's request and
Licensee's failure to diligently act or, as appropriate in the circumstances, starting seven (7) days
following Licensee's failure to complete the required relocation by the date designated in
connection with the performance bond. Sums payable under this paragraph are due and payable
by the Licensee to the City within thirty (30) days after receipt of the City's billing.
d. The Licensee shall not place its Network Segment facilities in the Public Property
where the same will interfere with the normal use or maintenance of any Public Improvement,
including but not limited to streets, alleys, traffic control devices, sanitary sewers, storm sewers,
storm drains, or any public utility facility.
e. Upon request, the Licensee agrees to assist in locating underground facilities which
are part of its Network Segment. Such assistance will be provided in a timely manner, but not
more than forty-eight (48) hours after the time of request. As a condition of this Agreement, the
Licensee shall enroll as a member of the "Iowa One -Call System" and shall respond to all
requests and notifications placed to the toll free "One -Call" number.
f. Installation, repair, or replacement work completed by the Licensee that requires
excavation of Public Property or public right-of-way shall require restoration and replacement
of (a) any improvements that were removed, destroyed or damaged by the Licensee's work to a
condition at least equal to the condition of such premises before the Licensee's work was
undertaken, and (b) surface vegetation with sod in conformance with City ordinances and in
accordance with standard local practices for placing sod. All work of restoration and
replacement shall be subject to inspection and approval by the City Engineer or his designee.
SECTION 10. POWERS OF CITY
a. Nothing in this Agreement shall be construed to abridge the right or power of the City
to make further regulations relative to the use of the streets, alleys and public grounds by anyone
using the same for the erection and maintenance of utility systems.
5
SECTION 14. LIABILITY, INDEMNIFICATION AND INSURANCE
a. The Licensee covenants, at its sole cost and expense, to indemnify, defend, and save
the City and its officers, agents and employees, harmless from any and all costs, damages, losses
and liabilities whatsoever (including but not limited to the reasonable fees and expenses of
attorneys and accountants), of any kind or nature, whether in tort or contract, arising directly or
indirectly from the exercise of the rights granted herein or from the acts or omissions of
Licensee, its employees, contractors and agents, in respect of the Network Segment, any
Network Segment facilities, any work relating thereto, or any access to or use of the Network
Segment by third parties.
b. The Licensee agrees to require contractors and subcontractors engaged in work for
the Licensee within the public rights-of-way or on public property to maintain in effect during
the term of work liability insurance in comprehensive form and in the amounts to be reasonably
set by the City.
c. Licensee agrees to accept the risk of having its communications systems and
equipment upon the public right-of-way, including the possible risk of damage or injury to its
system or equipment, and agrees to release and discharge the City of any liability for damage or
injury to Licensee's equipment, except to the extent caused by the City's gross negligence. In no
event shall the City be liable for any consequential damages arising out of any damage or injury
to Licensee's equipment placed in the right-of-way.
d. The covenants set forth in this Section shall survive the termination or expiration of
this Agreement for any reason.
SECTION 15. SEVERABILITY
a. In the event any provision of this Agreement is held invalid, illegal, or unenforceable,
whether in whole or in part, the offending provision or part thereof shall be deemed severed from
this Agreement and the remaining provisions of this Agreement shall not be affected thereby and
shall continue in full force and effect. If, for any reason, a court finds that any provision of this
Agreement is invalid, illegal, or unenforceable as written, but that by modifying or limiting such
provision it would become valid, legal, and enforceable, then such provision shall be deemed to
be written and shall be construed and enforced as so modified or limited without affecting the
remaining provisions of this Agreement, provided, however, that in such event City shall have
the option, exercisable in its sole discretion, to terminate this Agreement.
SECTION 16. ASSIGNMENT
a. Licensee shall not assign or otherwise transfer this Agreement or any of its rights and
interest to any firm, corporation or individual without the prior written consent of the City,
except that Licensee shall have the right to assign, convey or otherwise transfer its rights, title,
interest and obligations under this Agreement, in whole or in part, to any entity controlled by,
controlling or under common control with Licensee, or any entity into which Licensee may be
merged or consolidated or which purchases all or substantially all of the assets of Licensee,
provided that Licensee shall notify the City in writing of any permitted assignment, conveyance
or transfer within thirty (30) days of its occurrence.
7
SECTION 20. GOVERNING LAW; LEGAL ACTION
a. This Agreement shall be governed by and construed in accordance with the laws of
the State of Iowa. In any action to interpret, construe or enforce this Agreement, the parties
hereby agree and consent (i) to irrevocably submit to the jurisdiction and venue of the Iowa
District Court for Black Hawk County, over any action or proceeding to enforce or defend any
matter arising from or related to this Agreement; (ii) to irrevocably waive, to the fullest extent a
party may effectively do so, the defense of any inconvenient forum to the maintenance of any
such action or proceeding; and (iii) not to institute any legal action or proceeding against the
other party or any of the directors, officers, officials, employees, successors, assigns, agents or
property of the other party, concerning any matter arising out of or relating to this Agreement, in
any court other than one specified in this Section. If City prevails in any legal action to collect
fees owed by Licensee under this Agreement, Licensee shall be liable for City's reasonable
attorneys' fees and expenses.
SECTION 21. GENERAL PROVISIONS
a. This Agreement constitutes the entire agreement of the parties with respect to the
subject matter hereof. It may not be modified or amended except by a written instrument signed
by both parties. This Agreement is binding upon the parties and the permitted successors,
assigns, transferees and personal representatives of each of them.
IN WITNESS WHEREOF, the parties have entered into this Right -of -Way License
Agreement by their duly authorized representatives as of the Effective Date.
KWIK TRIP, INC.
Scott
By:
Zietlow
Scott Zietlow
Digitally signed by Scott Zietlow
DN: cn=Scott Zietlow, o=Kwik
Trip, Inc, ou=Project Manager,
. ei I=47Ietinwgkwiktrin rnm
c=US
Date: 2017.08.0913:46:15 -0500'
(Name in writing)
Title: Project Manager
9
CITY OF WATERLOO, IOWA
By:
Quentin M. Hart, Mayor
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