HomeMy WebLinkAboutRussel, Dolan and Noland Access Agreement to St. Marys 12.7.2020ACCESS AGREEMENT
This Access Agreement (the "Agreement") is entered into as of December 7 , 2020,
by and between the City of Waterloo, Iowa ("City"), Mark Russell, dlb/a Russell Construction
("Russell"), Mike Dolan Construction & Masonry, Inc. ("Dolan") and MaryAnn Noland
("Noland"). Russell, Dolan and Noland are "Contractors".
WHEREAS, City has acquired ownership of real property at 2127 E. 4`1' Street, legally
described as "All of Block 5, Gates Park Place, City of Waterloo, Iowa, except Lots 1, 20, 21 and
22" (the "Property"), on which is a former church and school, which the City has plans to
demolish; and
WHEREAS, Contractors desire or have been engaged to remove certain fixtures from the
buildings before demolition, 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 mutual promises exchanged herein, the
parties agree as follows:
1. City hereby grants to Contractors, their employees, volunteers and agents
(collectively, "Authorized Persons"), the right to enter upon the Property to remove certain
statues affixed to the building exterior, to remove pews from inside the church, and to remove
other items as approved by City. Authorized Persons shall complete their work by a date that
City specifies. Contractors shall supervise the work of Authorized Persons and shall exercise
suitable safety precautions when performing the work. Contractors shall not leave the Property
open to entry by unauthorized persons.
2. Authorized Persons enter upon the Property, and undertake their activities in and
upon the Property, in the "AS IS" condition of the Property and at their sole risk. City shall have
no liability for injury, loss or damage suffered by Authorized Persons or anyone else that arises
from or in connection with the acts or omissions of Authorized Persons as contemplated by this
Agreement. Contractors agree 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 attorneys' fees, arising out of the acts or omissions of Contractors or other Authorized
Persons, whether sounding in law or equity, in tort or contract, by statute, or otherwise. The
duties of Contractors under this paragraph shall survive the expiration or termination of this
Agreement.
3. The rights and duties of Contractors 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 Access Agreement by
their duly authorized representatives as of the date first set forth above.
CITY OF WATERLOO, IOWA
By: 0,,e,r-f,,
Quentin Hart, Mayor Mark Russell, dlb/a Russell Construction
Attest: Kelle, �elchle
Kelley Felchle, City Clerk
2
MIKE DOLAN CONCRETE &
MASONRY, INC.
By: , 1/ U{a fle4Citt
Mike Dolan, President