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Home My WebLink AboutArchland Property I, LLC - temporary easement - 12/17/2018 THIS DOCUMENT IS NOT TO BE RECORDED FOR ANY PURPOSE WATERLOO,1A 3695 University Avenue L/C:014-0237;File#40750 TEMPORARY EASEMENT AGREEMENT This Temporary Easement Agreement ("Agreement") is dated as of the day of cc.e of , 2018, and is made by and between ARCHLAND PROPERTY I, LLC, a Delaware limited liability company(the "Grantor") and the CITY OF WATERLOO (the "Grantee"). RECITALS A. Grantor is the owner of the property legally described on Exhibit A attached ("Grantor's Property"). B. Grantee has requested and Grantor has agreed to grant and convey a temporary easement upon, over, and across a portion of Grantor's Property, as depicted on Exhibit B attached (known as the "Temporary Easement Area") for the purpose of performing Grantee's Work, as more specifically defined in Section 3 of this Agreement,together with a right of ingress and egress thereon. Now, therefore, in consideration of the mutual covenants set forth in this Agreement, and other valuable consideration,the receipt and sufficiency of which are acknowledged, Grantor and Grantee agree as follows: 1. Recitals. The Recitals above are incorporated by this reference as agreements of the parties, binding as a part of this Agreement as if fully set forth in this Section 1. 2. Grant of Temporary Easement. Grantor grants and conveys to Grantee a non-exclusive temporary easement (the "Temporary Easement"), subject to matters of record and that a survey would reveal, upon, over, and across the Easement Area for the purpose of performing Grantee's Work. 3. Grantee's Work. Grantee will perform the following work within the Easement Area: Construct a concrete island on Grantee's Property as part of the planned improvements to the University Avenue Reconstruction Project, Phase 2, Parcel 122 (collectively, "Grantee's Work"),including any restoration work required to be performed by Grantee. 4. Term. This Temporary Easement will commence on November 15, 2018, and will automatically expire and terminate upon the earlier to occur of: (i) December 31, 2021, or (ii) the date upon which Grantee's Work is completed (the "Term"). S. Grantee's Work and Use of Temporary Easement Area. Grantee covenants and warrants as follows: - 1 - DocuSEgn Envelope ID:789F2737-3677-4736-8619-627333F03807 a. That it will perform Grantee's Work at its sole cost and expense,and in a professional,good and workmanlike manner in conformance with customary engineering and construction practices, and in compliance with all applicable regulations and any agreements of record affecting Grantor's Property; b. Unless otherwise agreed to in writing or as shown on Exhibit B attached,the Grantee will not move, remove or demolish any of Grantor's signs, access drives, curbing, or other improvements located on Grantor's Property; c. The Grantee will separate by cones or other appropriate construction safety barriers ("cone- off') the Temporary Easement Area while performing any work on Grantor's Property; d. Grantee will perform all work in such a manner so as to not unduly disrupt the operation of the McDonald's restaurant on Grantor's Property. Grantee will "cone off' no more than 4 parking stalls at any one time,and will not"cone-off' or block in any manner more than half of any access drive at any time, or more than one drive thru lane, allowing at least one lane open at all times in each access drive and drive thru lane for vehicular traffic; e. Grantee will not park on or store any construction vehicles, equipment or materials within the Temporary Easement Area or on Grantee's Property other than during the time Grantee is actually performing Grantee's Work; f. If any damage occurs to Grantor's Property or any improvements thereon arising out of, related to,or as a consequence of any of Grantee's Work,Grantee promptly will notify Grantor in writing of the damage. Unless otherwise agreed by the parties, Grantee will repair the damage (or commence and diligently pursue repairing the damage) within 30 days after receipt of Grantee's notice. g, Grantee will hold harmless, defend,and indemnify Grantor,its lessees,licensees,employees, agents, contractors and assigns, and each of their lessees, licensees, employees, agents, contractors and assigns, against any and all claims, liabilities and costs (including, but not limited to reasonable attorney's fees) for injuries to any person and damage to any property arising out of,in connection with, or as a result or consequence of Grantee's Work in and/or use of the Temporary Easement Area. 6. Notice. All notices under this Agreement will be in writing and sent by U.S. certified mail return receipt requested or nationally recognized overnight courier. If intended for Grantee,the notice will be sent to City of Waterloo, Community Planning and Development, 715 Mulberry Street,Waterloo,IA 50703,and if intended for Grantor,the notice will be sent to 110 N Carpenter St, Chicago IL 60607-2101,Attn: Director, U.S. Legal Dept. #283, L/C: 014-0237. Any party may lodge a change of address by sending notice of such change to the other party in the manner provided under this Section. Each notice will be deemed to have been given at the time it is deposited in the United States Mail or with the overnight courier. 7. Exhibits. This Agreement includes the following Exhibits,which are an integral part of this Agreement and are fully incorporated by reference: Exhibit A-Legal Description of Grantor's Property Exhibit B-Depiction of Temporary Easement Area [SIGNATURE PAGE TO FOLLOW] -2- DocuSign Envelope ID:789F2737-3677-4736-8619-627333F03807 In witness whereof, Grantor and Grantee have caused this Agreement to be executed on the date first set forth above. GRANTOR: GRANTEE: ARCHLAND PROPERTY I,LLC.,a Delaware CITY OF WATERLOO limited liability company 71�ocu Signed by: By: 11a By: _ i\` 1 An ( Name: o916D4494EDavi d Ledy Name: \3 C',yk-A 1 Its: vice President Its: -3- Docu5ign Envelope ID:789F2737-3677-4736-8619-627333F03807 EXHIBIT A Legal Description of Grantor's Property Parcel"H",SE 1/a Section 20-T89N-R13W City of Waterloo, Black Hawk County,Iowa,as shown in Plat of Survey filed June 29, 2000 in Book 338,of Misc at Page 955. -4- Docu:ign EnveippeID:789F2737-3677-4736-8619-627333F03807 EXHIBIT B Depiction of Temporary Easement Area Temporary Easement Area UNIVERSITY AVE. E N ARCH-ANC PFOPER I C� 6 SFS q lE LEGEND RiGHT-UF-WAY L1Nc5 PERM.CASAMLW EtaESAsk— : _.. -W.EASEWNT LINES FrtRCEE _mm—i PERMANENT ACQUISITION . 122 EAS.EYENT (""�'—"� F1.6'i3RARY tA.^fMFN7 'l' " M Figure 19' r t w a „� Temporary Easement ' ' '�`� ARCHLAND PROPERTY 1 LLC University Avenue Reconstruction W) ,',7:,' I.— Drn-xi�n '�Vn4r<rlaa.3owa ,::9'1'N -5-