HomeMy WebLinkAboutHy-Vee temporary construction easement - 10/8/2018 Please return this copy to:
City Clerk&Finance Dept.
715 Mulberry St.
Waterloo,IA 50703
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT ("Agreement") is
entered into this October 8, 2018, 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 reconstruction and related improvements to University Avenue and abutting right of way that
are adjacent to Grantor's property at 4000 University Avenue, Waterloo, Iowa, ingress and egress
related to said project, and the repair and reconstruction of a portion of Grantor's access point and
right of way frontage at Grantor's property (the "Easement Purpose"); and
WHEREAS, Grantor has agreed to grant a temporary construction easement to Grantee
upon approximately 4,890 sq. ft. of 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 $997.56 to be paid by Grantee to Grantor
promptly following the full execution of this Agreement, the work to be done by Grantee upon the
Easement Area, and for other good and valuable consideration, the 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)
December 31, 2021 ("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. Grantee shall develop plans and specifications (the "Plans") for the access point
connecting Grantor's property to University Avenue, which shall be as generally depicted on
Exhibit "A." Grantor shall review the Plans received from Grantee and shall promptly provide
any comments thereon. Grantor shall not unreasonably withhold, condition or delay its consent to
the Plans. Once construction upon the access point has commenced, Grantee must complete
construction of the same promptly, and in any event within three months following closure of the
access point. Notwithstanding the foregoing, at all times while Grantor's access point on
University Avenue is closed for construction, Grantee must ensure that (a) Grantor's access point
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on Progress Drive, and (b) the intersection of University Ave. and Progress Drive, must both
remain open for full access without restrictions.
5. Except as may be caused by the negligent or intentional 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.
6. Following completion of Grantee's work in the Easement Area, Grantee shall
restore the Easement Area substantially 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: tresid�,,t
rey M rkey, Sr. Vice
By:
Nathan Allen, Assistant Secretary
Signature Date: 10j`2.c jZyj b
GRANTEE:
CITY OF WATERLOO, IOWA
By: A 0
Quentin Hart, Mayor
By:
I /
elley Felc , City Clerk
Signature Date:
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EXHIBIT "A"
Visual Depiction of Easement Area
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IEuPUFtARY EASEMENT 2Figure 8
AZCOM Temporary Easement
HY VEE FOOD STORES INC
University Avenue Reconstruction
towo Division -Walwioa,Iowa
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