HomeMy WebLinkAboutA Thompson Contracting Early Access Agmnt 12.7.2020EARLY ACCESS AGREEMENT
This Access Agreement (the "Agreement") is entered into as of December 7 , 2020,
by and between the City of Waterloo, Iowa ("City"), and Jon Thompson "Contractors".
WHEREAS, City has acquired ownership of real property generally described as west of
3180 West Airline Highway located in the Easy Waterloo Unified Urban Renewal District and
designated as parcel number 8913-05-476-010 on the Black Hawk County website; and
WHEREAS, Contractors desire to enter into a Development Agreement with City for
construction on said lot, but more immediately need to add fill to the site for future construction,
in accordance with stormwater regulations and procedures for such, and City is willing to allow
them access to the Property for this purpose, subject to the terms of this Agreement.
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, engineering, and other regulatory approvals. Until City delivers a deed to
Company, Company may not pour footings or foundations or otherwise begin any work
of constructing improvements.
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.
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.
5. 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
By: Qve4a H..ra-
Quentin Hart, Mayor
Attest: Kellen �elchle
Kelley Felchle, City Clerk
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Jo Thompson for
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