HomeMy WebLinkAboutFriends of Faith Retirement Homes, Inc. - Temporary Easement Agreement - 7.19.2021TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
This Temporary Construction Easement Agreement (the "Agreement") is entered into as
of July 19 , 2021, by and between Friends of Faith Retirement Homes, Inc. ("Grantee"),
and the City of Waterloo, Iowa, an Iowa municipal corporation ("Grantor").
WHEREAS, Grantee desires to obtain a temporary easement from Grantor for the
purpose of expanding the storm water detention capacity of Bontrager Park in connection with
certain improvements Grantee is making to Grantor's property in the vicinity (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 area depicted on Exhibit "A"
attached hereto and by this reference incorporated herein (the "Easement Area"), which is
approximately 100 by 250 feet; 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 Grantee's completion of construction, cleanup and demobilization activities upon
the Easement Area.
2. Although Grantor has certain approval rights with respect to the Easement
Purpose and related activities pursuant to a certain Business Property Lease between the parties
of even date herewith, Grantor shall not interfere with or disturb Grantee's construction in
furtherance of the Easement Purpose within the Easement Area without reasonable advance
written notice to 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 grading and grass seeding on any areas disturbed by Grantee's
project activities.
5. 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.
GRANTEE
Friends of Faith Retirement
Homes, Inc.
By:
Lisa Gates, President/CEO
2
GRANTOR
City of Waterloo, Iowa
By: Du LQ
Quentin Hart, Mayor
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Attest:
Kelley Felchle, 1 ity Clerk
Exhibit B
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Off —Site Stormwater Detention, Parking
Lot, and Pickleball Courts Bontrager Park
Waterloo, Iowa
Site Plan
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Wayne Cla?ssen Engineering and
Surveying/ Inc.
2705 Unlvorelybonus • P.O. Boa 898 • WMetoo, Iwo 50701
Phone (319) 235-8294 • For (319) 235-0028
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