HomeMy WebLinkAboutA&T Trucking Early Access Agreement EARLY ACCESS AGREEMENT
This Early Access Agreement(the "Agreement") is entered into as of August 24
2020, by and between the City of Waterloo, Iowa ("City"), and A &T Trucking(the
"Company').
WHEREAS, City and Company are finalizing the terms of a development agreement
concerning a project to be undertaken by Company on certain real property described or depicted
on Exhibit"A" attached hereto (the "Property"), located in the Northeast Industrial Urban
Renewal and Redevelopment Plan Area, and
WHEREAS,the parties desire that Company have access to the Property to begin certain
activities before the Property is conveyed to Company.
NOW, THEREFORE, in consideration of the future transactions contemplated by the
parties as described above, and in consideration of the mutual promises exchanged herein, the
parties agree as follows:
1. City hereby grants to Company the right to enter upon the Property to begin
development activities, including but not limited to surveying, grading and bringing fill dirt onto
the property. The term of this Agreement shall be from the date hereof until the date that City
delivers a deed to Company for the Property. Company's right to conduct its activities upon the
Property are expressly made subject to prior receipt of applicable zoning, building, and other
regulatory approvals.
2. Company shall, at its own expense, procure and maintain comprehensive public
liability insurance in the amount of not less than $2,000,000 per occurrence. Such insurance
shall cover liability arising from the acts or omissions of Company, its employees, contractors
and agents, and shall protect the City, its officers, officials, employees, and agents, against any
and all claims, damages, costs or expenses (including but not limited to reasonable attorneys'
fees and expenses) arising from or in connection with injury or death to any person or persons, or
loss of or damage to property, by reason of any casualty, accident or other occurrence on or about
the Property during the term of this Agreement. Certificates or copies of said policies, naming
the City as an additional insured, shall be delivered to City before Company, its employees,
contractors, or agents, enter upon the Property for any purpose.
3. Company agrees to be responsible for any liability which may arise out of the acts
or omissions of Company, its employees, agents and contractors, on or about the Property, and in
said connection Company agrees to indemnify and hold harmless City, its officials, officers,
employees and agents, from and against any and all claims, demands, actions, causes of action,
damages, costs, fines, penalties, and liabilities of any type or nature whatsoever, including but
not limited to reasonable attorneys' fees, arising out of said acts or omissions,whether sounding
in law or equity, in tort or contract, by statute, or otherwise. The duties of Company under this
paragraph shall survive the expiration or termination of this Agreement.
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4. If for any reason the contemplated sale and purchase of the Property between the
parties is canceled or otherwise does not occur, then Company shall promptly remove from the
Property all of its personal property and materials or debris that it has deposited on the Property
during the term hereof and restore, as nearly as possible,the condition of the Property to that
which existed upon Company's initial entry upon the Property hereunder, except as otherwise
permitted by express written consent of City.
S. Notwithstanding this Agreement, the parties agree to work cooperatively in good
faith to finalize the terms of a development agreement in respect of the Property as expeditiously
as possible.
6. The rights and duties of Company under this Agreement may not be assigned
without the prior written consent of City. This Agreement is the entire agreement of the parties
concerning the subject matter hereof. It may not be modified or amended without the prior
written consent of the parties. This Agreement is binding on the parties and the respective
successors and assigns of each. This Agreement may be executed in multiple counterparts, each
of which, including signed counterparts transmitted by facsimile or other electronic means, shall
be deemed an original and all of which together shall constitute one instrument.
IN WITNESS WHEREOF,the parties hereto have executed this Early Access Agreement
by their duly authorized representatives as of the date first set forth above.
CITY OF WATERLOO, IOWA A & T Trucking
By: Quentin Hot By:
Quentin M. Hart, Mayor
Attest: Kele
Kelley Felchle, City Clerk
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EXHIBIT "A"
Legal Description of Property
Lot 1 Northeast Industrial Park No 5