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Home My WebLink AboutHawkeye Community College - Encroachment Agreement - 6/21/2021 Prepared by Christopher S.Wendland,315 E. 51 Street,Waterloo,1A 50703 319-234-5701 ENCROACHMENT AGREEMENT THIS ENCROACHMENT AGREEMENT("Agreement") is entered into as of 2021, by and between Hawkeye Community College ("HCC") and the City of Waterloo, ("City")- WHEREAS, "City").WHEREAS, HCC is the owner of real estate commonly known as 120 Jefferson Street, Waterloo, Iowa and legally described as set forth on Exhibit"A"attached hereto (the "HCC Property"); and WHEREAS,there is City owned right-of-way adjacent to the Southeasterly line of Owner's Property, bordering W. 1" Street(the"City Property"); and WHEREAS, HCC proposes to erect and maintain certain encroachments consisting of a fence and bollards (the"Encroachments")upon, over or across a portion of the City Property as depicted by plans that HCC has submitted to City, a copy of which are attached hereto as Exhibit`B", and City is willing to allow the Encroachments subject to the terms set forth herein. NOW THEREFORE, in consideration of the mutual promises exchanged herein, the parties agree as follows: 1. Affirmation. HCC hereby recognizes and reaffirms the City Property as public property, notwithstanding the existence of the Encroachments for any length of time. HCC claims no rights in or to the Alley, or any part thereof. 2. Grants. City grants to HCC the right to construct and maintain the Encroachments into, over and upon the City Property, subject to (a)the rights of City and/or any public or private agency(a"Franchisee")to which City has granted a utility franchise for access over, under and upon the City Property, and(b) a continuing duty by HCC to maintain any visible features of the Encroachments in a condition of good repair. HCC agrees that the Encroachments will not exceed 42 inches in height above grade for bollards and 46 inches for fence. If HCC chooses at any time to repair or replace the Encroachments or any part thereof, the physical footprint of the Encroachments may not be enlarged as compared to current location or dimensions, and any reduction in the size or area of the Encroachments shall automatically cause a commensurate reduction in the physical scope of the rights granted hereunder. The parties expressly acknowledge that any damage that occurs to the Encroachments in connection with ordinary use of the City Property,the work of repair or improvement to any street or sidewalk, or the work of repair or improvement to public or utilities infrastructure located in or upon the City Property,will be the sole risk and expense of HCC, including but not limited to repair or removal expenses. Upon reasonable notice, HCC shall remove so much of the Encroachments as may be necessary for City or a Franchisee to undertake work in the City Property, and failing such action by HCC either City or the Franchisee are authorized to remove such Encroachments and charge the costs of such removal to HCC or assess such costs against the HCC Property. City and Franchisee will exercise reasonable care in performing any work that either of them may undertake in and upon the City Property. 3. Term of Agreement. Except as otherwise provided herein,the tern of this Agreement shall be for so long as said Encroachments continue to exist and are used and maintained by HCC. This Agreement shall automatically terminate if the Encroachments are removed(other than for temporary removal during replacement or repair). This Agreement may be terminated by City upon 60 days' advance written notice and order to HCC, its transferees, successors or assigns,to permanently remove the Encroachments. This Agreement is appurtenant to the real estate and runs with the land until terminated as set forth in this paragraph. 4. Indemnification. HCC shall protect, defend, indemnify, and hold harmless the City, any Franchisee, and the officers, managers, elected officials, employees, contractors and agents of each, from and against any claim, demand, cause of action, damages,fines, fees or liability of any type or nature whatsoever(including but not limited to reasonable attorney' fees and costs) (a) to the extent arising out of HCC's use of the City Property to install and maintain the Encroachments or(b)in any way connected with the Encroachments. Nothing herein shall be construed to impose on HCC a duty to maintain the City Property on or over which an Encroachment element exists (except generally applicable duties of maintenance imposed by applicable ordinance, including but not limited to snow removal and sidewalk repair) or to monitor its use by any person except for the employees, contractors and agents of HCC. This covenant shall survive the termination of the Agreement for any reason. 5. General. This Agreement is binding upon and shall inure to the benefit of the parties and the respective successors, assigns, and future transferees in title of each. This Agreement,together with any addenda or exhibits hereto, constitutes the entire agreement of the parties and supersedes all prior or contemporaneous negotiations, discussions,understandings, or agreements,whether oral or written,with respect to the subject matter hereof. This Agreement may be modified only by the mutual written agreement of the parties. IN WITNESS WHEREOF,the parties have executed this Encroachment Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA HAWKEYE COMMUNITY COLLEGE By: D_ LBy: ✓�—. Quentin M. Hart, May6r Title: �/.�, fl.y/... ;.. F /�•�n.�•. 2 Attest: elley Felchl STATE OF IOWA ) COUNTY OF BLACK HAWK ) ss. This instrument was acknowledged before me o c-�2( 2021,b r as of Hawkeye Community College. t AMM LES SP16 ,pES 22Notary Public STATE OF IOWA ) COUNTY OF BLACK HAWK ) ss. This record was acknowledged before me on �I+t h�- a > 2021,by Quentin M. Hart and Kelley Felchle as Mayor and City Clerk, respectively, of the City of Waterloo, Iowa. "`• NANCY HI GBY Notary Public COMMISSION N0.7S8229 • • NR,COMIdISSl�N2PIRES OM ' dll ZZ 3 EXHIBIT"A" Legal Description of HCC Property ORIGINAL PLAT WATERLOO WEST LOTS 1 THRU 10 BLK 12 AND ALL THAT PART OF 20 FT ALLEY IN BLK 12 LYING WLY OF THE FOL DESC CURVE: COM AT THE ELY COR LOT 10 TH S 41 DEG 07 MIN W 90 FT ALONG THE SELY LINE OF SAID LOT 10 TO SWLY LINE OF NELY 90 FT SAID LOT 10 TH N 49 DEG 14 1/2 MIN W 35.6 FT ALONG SAID SWLY LINE TH NELY 92.7 FT ALONG A 701.7 FT RADIUS CURVE CONCAVE NWLY THE CHORD FOR WHICH BEARS N 54 DEG 23 1/2 MIN E AND HAS A LENGTH OF 92.6 FT TO A PT ON NELY LINE OF SAID LOT 10 THAT IS 14.3 FT NWLY OF MOST ELY COR LOT 10 WHICH IS THE POB TH CONT ALONG SAID CURVE TO THE SWLY LINE OF LOT 1 SAID BLK 12 TO A PT THAT IS 11.4 FT N OF SLY MOST COR OF SAID LOT 1 EXC THE NWLY 4 FT IN EVEN WIDTH OF LOT 5 BLK 12 ALSO EXC COM AT ELY COR OF LOT 1 TH N 48 DEG 59 MIN 12 SEC W 4.6 FT BEING POB TH S 41 DEG 12 MIN 6 SEC W ON NWLY ROW LINE OF W 1ST 44 .80 FT TH SWLY ON NWLY ROW LINE OF W 1ST ST BEING A 701.70 FT RADIUS CURVE CONCAVE NWLY AND HAVING A 95.3 FT LONG CHORD BEARING S 44 DEG 56 MIN 53 SEC W 95.38 FT TH N 49 DEG 3 MIN 51 SEC W 4.04 FT TH NELY ON A 697.70 FT 22 RADIUS CONCAVE NWLY AND HAVING A 95.32 FT LONG CHORD BEARING N 44 DEG 58 MIN 14 SEC E 95.39 FT TH N 41 DEG 12 MIN 06 SEC E 44.80 FT TH S EXHIBIT`B" Encroachment Plans See attached. �WSEPM tW1iE�� iWGIH� �Ros *.-s i c� _ 1 0 \ ` o I �W \ o o \ o Io 0 0 o NC --�(j) -W m I � ° � o o — (8) dH- ° a I O W a cli CTJ — O 1 0 os s SITE PIAN 7 m° >; HAWKEYE COMMUNITY COLLEGE A_COMwo ` ADULT LEARNING CENTER SIDEWALK AND FENCING 46 MISEWi tiPPitt tWliEtf tp4Mt 0 Yt I O V,r m I m � I � I N I I I ill I o 0 I I I z I m cn I c3D NC E �1 s e SITE PIAN 2 AcCOM S s NAWKEYE COMMUNITY COLLEGE i ADULT LEARNING CENTER - r, SIDEWALKAND FENCING ®