HomeMy WebLinkAboutHyVee Food Stores - Temporary Construction Easement Agmnt-10/2/2017TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT ("Agreement") is
entered into this be-.'' Z„ 2017, by and between HY-VEE, INC., an Iowa corporation (f/k/a
Hy -Vee Food Stores, Inc.) ("Grantor"), and CITY OF WATERLOO, IOWA, an Iowa municipal
corporation ("Grantee"), WITNESSETH:
WHEREAS, Grantee desires to obtain a temporary easement from Grantor, for the purpose
of the repair and reconstruction of a portion of Grantor's parking lot and parking lot islands
pursuant to plans and specifications which must be mutually approved in writing by Grantor and
Grantee, in connection with a project to be undertaken by Grantee to improve Progress Ave
adjacent to Grantor's property at 4000 University Ave, Waterloo, Iowa (the "Easement Purpose");
and
WHEREAS, Grantor has agreed to grant a temporary construction easement to Grantee
upon Grantor's property in the area visually depicted on Exhibit "A" attached hereto and
incorporated herein by this reference (the "Easement Area"); and
WHEREAS, Grantor desires to grant a temporary easement over the Easement Area as set
forth herein.
NOW, THEREFORE, in consideration of One Dollar, the work to be done by Grantee
upon the Easement Area, and for other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties agree as follows:
1. The recitals are incorporated herein by this reference.
2. Subject to the terms set forth in this Agreement, Grantor hereby grants to Grantee,
its agents, representatives, and contractors, a temporary construction easement over the Easement
Area for the Easement Purpose, as defined herein. This easement shall automatically terminate on
the earlier to occur of (a) the completion of the Easement Purpose, as defined herein, and the
restoration of Grantor's property to its condition prior to the commencement of construction, or
(b) October 31, 2018 ("Expiration Date").
3. Subject to terms of this Agreement, Grantor shall not interfere or disturb Grantee's
construction in furtherance of the Easement Purpose within the Easement Area without written
approval of the Grantee or its authorized Representatives.
4. Intentionally omitted.
5. Except as may be caused by the negligent acts or omissions of Grantor, its
employees, agents or its representatives, Grantor shall not be liable for any injury or damage to
any person or property resulting from Grantee's exercise of the rights herein granted. Grantee
agrees to indemnify and hold Grantor, its employees, agents and representatives harmless against
any loss, damage, injury or any claim or lawsuit for loss, damage or injury arising out of or
resulting from the negligent or intentional acts or omissions of Grantee or its employees, agents,
contractors and/or representatives.
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6. Following completion of Grantee's work in the Easement Area, Grantee shall
restore the Easement Area to its condition prior to the commencement of construction work.
7. This Agreement shall not be recorded by Grantee.
8. Words and phrases shall be construed as in the singular or plural number, and as
masculine, feminine or neuter gender according to the definitions and the context.
9. This Agreement shall be binding upon, and inure to the benefit of, the parties
hereto and their respective heirs, successors and assigns.
10. This Agreement may be executed in two or more counterparts, each of which shall
be deemed an original, but all of which taken together shall constitute one and the same
agreement. For purposes of executing this Agreement, a facsimile signature shall be as effective
as an actual signature.
11. This Agreement shall be construed and enforced in accordance with the laws and
public policies of the State of Iowa.
[SIGNATURES ON FOLLOWING PAGES]
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IN WITNESS WHEREOF, Grantor and Grantee have executed this Agreement on the date
first above written.
GRANTOR:
HY-VEE, INC., an Iowa corporation
By:
y arkey, Vice President
By: �i-fb-' y¢%,
Nathan Allen, Assistant Secretary
Signature Date:
GRANTEE:
CITY OF WATERLOO, IOWA
By:
. cv-4;Mayo
B
Signature Date:
, City Clerk
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EXHIBIT "A"
Visual Depiction of Easement Area
TEMPORARY EASEMENT —
SEE DETAIL A
HY-VEE
4000 UNIVERSITY AVE.
JAY LN
CRUSIIFR ROCK
SURFACED AREA
121 FEET
� o
SAW CUT 2 FROM SACK OF 0008. TYPICAL
PROTECT EXISTING TREES
/
10 FEET
21 FEET
PLACE FILTER SOCK
-STOCKPILE
TOPSOIL
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DETAIL A
REMOVAL NOTES:
1 REMOVE EXISTING CURB AND GUTTER
2. REMOVE EXISTING TOPSOIL, 6•
3 REMOVE 12.0 SOIL ANO PLACE CRUSHED ROCK.
REPLACEMENT NOTES -
1. REPLACE CURB AND GUTTER.
2. REPLACE S.T0P5OL.
3 HYDR0SEED DISTURBED AREAS.
SHEET
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