HomeMy WebLinkAboutHajoca Corp - Temporary Easement Agmnt - 6.21.21 TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
This Temporary Construction Easement Agreement (the "Agreement") is entered into as
of m5 2021 , by and between Hajoca Corporation ("Grantor"), and the City of
Waterloo, Iowa, an Iowa municipal corporation ("Grantee") .
WHEREAS , Grantee desires to obtain a temporary easement from Grantor for the
purpose of removing excess vegetation and dead and nuisance trees and for grading and
stabilizing existing drainage ways in existing permanent easement areas on Grantor' s property
and adjacent properties (the "Easement Purpose") ; and
WHEREAS , Grantor has agreed to grant a temporary construction easement to Grantee
upon that portion of a parcel owned by Grantor that lies within the blue-bordered area depicted
on Exhibit "A" attached hereto and by this reference incorporated herein (the "Easement
Area") ; and
WHEREAS , Grantor desires to grant a temporary easement over the Easement Area as
set forth herein.
NOW, THEREFORE, in consideration of the work to be done by Grantee upon the
Easement Area, and for other good and valuable consideration, the sufficiency of which are
hereby acknowledged, the parties agree as follows :
1 . Subject to the terms set forth in this Agreement, Grantor hereby grants to
Grantee, its employees, contractors and agents, a temporary construction easement over and
upon the Easement Area for the Easement Purpose. This easement shall automatically
terminate on completion of construction, cleanup and demobilization activities upon the
Easement Area, which is expected to be approximately 45 days following commencement of
construction.
2 . Grantor shall not interfere with or disturb Grantee ' s construction in furtherance
of the Easement Purpose within the Easement Area without advance written approval of
Grantee or its authorized representatives. If applicable, Grantor may mow grasses and
vegetation growing in the Easement Area if there is no conflict with Grantee ' s activities,
provided, however, that any entry upon the Easement Area by Grantor, its employees or agents
will be at their sole risk.
3 . Except as may be caused by the negligent or intentional acts or omissions of
Grantor, its employees, agents or its representatives, Grantor shall not be liable for any injury or
damage to any person or property resulting from Grantee' s exercise of the rights granted herein.
To the extent permitted by law, and subject to the preceding sentence of this paragraph, Grantee
agrees to indemnify and hold Grantor, its employees, agents and representatives, harmless
against any loss , damage, injury or any claim or lawsuit for loss , damage or injury arising out of
or resulting from the negligent or intentional acts or omissions of Grantee or its employees,
contractors or agents .
4. Following completion of Grantee's work in the Easement Area, Grantee shall
restore the Easement Area substantially to its condition prior to the commencement of
construction work, including restoration of paved areas and seeding of grass on unpaved areas
disturbed by Grantee's project activities.
S. This Agreement shall not be recorded.
6. The recitals are incorporated herein by this reference. Words and phrases shall
be construed as in the singular or plural number, and as masculine, feminine or neuter gender
according to the definitions and the context. This Agreement shall be binding upon and inure to
the benefit of the parties hereto and their respective successors and assigns.
7. 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 and the same agreement.
IN WITNESS WHEREOF, the parties have executed this 'Temporary Construction
Easement Agreement by their duly authorized representatives on the date first set forth above.
GRANTOR GRANTEE
Hajoca Corporation City of Waterloo, Iowa
ByU&7 By: 014;1 Hu��
Quentin Hart, Mayor
Title:
1 � l�
Attest: Kelley �elchle
1 t� Kelley Felchle, City Clerk
2