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HomeMy WebLinkAboutRussell Holven Hold Harmless Agreement 11.23.2020Waterloo, Iowa (the "City") and Russell Holven ("Holven") as of 2020. RECITALS HOLD HARMLESS AGREEMENT This Hold Harmless Agreement (the "Agreement") is entered into between the City of November 23 A. Holven desires to excavate several properties (the "Properties") owned by the City to determine contents of old outhouses, and City is willing to allow Holven to conduct limited excavation activities on the Properties, subject to the terms set forth herein. The Properties are identified on Exhibit "A" attached hereto. AGREEMENT NOW, THEREFORE, in consideration of the premises and other good and valuable consideration, the receipt and sufficiency of which is acknowledged, the parties agree as follows: 1. Holven Parties (defined below) may enter upon the Properties, and shall undertake their activities in and upon the Properties, in the "AS IS" condition of each Property and at their sole risk. City shall have no liability for injury, loss or damage suffered by Holven Parties or anyone else that arise from or in connection with the acts or omissions of Holven Parties as contemplated by this Agreement. Holven agrees to indemnify City and to hold it harmless from and against any and all claims, demands, causes of action, fines, fees, penalties, costs, expenses or liabilities of any type or nature (including but not limited to reasonable attorney's fees and expenses) arising out of or in any way connected with the activities of Holven, his employees, contractors, subcontractors and agents (the "Holven Parties") on the Properties. Such activities are referred to herein as the "Project." The duties of Holven under this paragraph shall survive the expiration or termination of this Agreement. 2. Before initiating excavations, Holven shall provide to City proof of general commercial liability insurance with minimum coverage of $100,000, naming City as an additional insured. I-lolven shall maintain such insurance in effect throughout the Project and for at least 12 months thereafter. 3. The Holven Parties may excavate Property sites for outhouse locations, provided that Holven Parties have first contacted Iowa One Call to mark utilities and provided further that Holven Parties restore the condition of the Properties and spread suitable grass seed on any areas disturbed. Fill shall be compacted as necessary to prevent any substantial settling. If any excavation site is open for more than one day, Holven Parties shall erect barricades or construction fencing around any holes on the site. Holven Parties may remove from the Properties any articles found in the excavation sites. 4. This Agreement shall inure to the benefit of and be binding upon the parties and their respective successors and assigns. It may be modified only in a written instrument signed by the parties. 5. This Agreement may be signed in one or more counterparts, each of which, including but not limited to signed counterparts transmitted by facsimile or other electronic means, shall be deemed an original and all or which, taken together, shall constitute one instrument. IN WITNESS WHEREOF, the parties have executed this Hold Harmless Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA By: Q,i4r„ Hc,t4 tJ Quentin Hart, Mayor Russell Holven Attest: Kellef elchle Kelley Felchle, City Clerk 2 EXHIBIT "A" The Northwesterly 56 feet of the Southeasterly 64 feet of Lots 7 and 10 in Block 47 in the Original Plat on the East Side of the Cedar River, Waterloo, Black Hawk County, Iowa. A/k/a parcel 8913-25-180-013, located in the 1200 block of Sycamore Street. Lots 7 and 10, except the Southeasterly 64 feet of said Lots, in Block 47 in the Original Plat on the East Side of the Cedar River, Waterloo, Black Hawk County, Iowa. A/k/a parcel 8913-25- 180-014, located in the 1200 block of Sycamore Street. Lots 1 and 4, in Block 21 in the Original Plat on the East Side of the Cedar River, Waterloo, Black Hawk County, Iowa. A/k/a parcel 8913-25-176-005, -016 and -017, located at the southwest corner of Sycamore and E. 9tn Lot 5 and the Northeasterly 51/2 feet of the Southeasterly 103 % feet of Lot 8, Block 42, Original Plat on the East Side of the Cedar River, Waterloo, Black Hawk County, Iowa. A/k/a parcel 8913-25-127-007, located in the 400 block of E. 8th Street. Woods Addition, Lot 1. A/k/a parcel 8913-25-176-004, located in the 1000 block of Sycamore Street. Lot 54 in Fractional Block 11, Original Plat on the West Side of the Cedar River, Waterloo, Black Hawk County, Iowa. A/k/a parcel 8913-25-155-013, located in the 1100 block of Commercial Street.