HomeMy WebLinkAboutUniversity Residential Cooperative - Temporary Construction Agreement - 8.16.2021 Prepared By: Eric W. Johnson,P.O. Box 178, Waterloo,IA 50704-0178 (319)234-1766
TEMPORARY EASEMENT AGREEMENT
THIS TEMPORARY EASEMENT AGREEMENT is entered into by and between 3350
University Residential Cooperative, Inc. ("Grantor") and the City of Waterloo, Iowa
("Grantee").
WHEREAS, Grantor is the owner of real estate legally described as:
Lot 5, Ken's Addition, Waterloo, Iowa("Grantor Property").
WHEREAS, Grantor wishes to grant a temporary easement on Grantor Property to
Grantee for the purpose of removing excess vegetation and dead and nuisance trees, and for
grading and stabilizing of existing drainage ways, in existing permanent easement areas on
Grantor's Property and adjacent properties.
NOW THEREFORE IT IS HEREBY AGREED by and between the parties as follows:
1. Grant of Easement. Grantor hereby grants Grantee, its employees, contractors,
and agents, an easement for the purpose of removing excess vegetation and dead and nuisance
trees, and for grading and stabilizing of existing drainage ways, in existing permanent easement
areas on Grantor's Property and adjacent properties, including the rights to ingress and egress
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over existing drives and parking areas to reach said areas. Said easement is more particularly
shown on attached Exhibit "A" ("Easement Premises").
2. Use of Easement Premises. Exclusive use of the Easement Premises is not
hereby granted. Grantor expressly reserves the right for themselves and others to use the
Easement Premises for any use which does not unreasonably interfere with Grantee's use of the
Easement Premises. Grantee is aware Easement Premises is part of the only access to the
buildings on Grantor Property for Grantor, its tenants, and invitees, and Grantee agrees:
(a) Not to block the drives or unreasonably limit ingress/egress by Grantor, its
tenants, or invitees; and
(b) limit use of parking lot to Easement Premises
Grantor shall not interfere with our disturb Grantee's work without advance written approval of
Grantee or its authorized representatives.
3. Maintenance and Reconstruction. Grantee shall solely be responsible for the
cost of removing excess vegetation and dead and nuisance trees and for grading and stabilizing
of existing drainage ways. Following completion of Grantee's work in the Easement Premises,
Grantee shall restore the Easement Premises 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 work.
4. Indemnification. Grantee agrees to defend, protect, indemnify and hold
harmless Grantor from and against all claims,demands, liens, costs, losses, expenses and
liabilities of any kind, including attorney's fees, arising out of or resulting from or related to
Grantee's use of the Easement Premises.
5. Termination of Easement. This Agreement shall cease upon completion by
Grantee of the work that this easement is intended for,which shall not exceed 45 days following
commencement of the work.
6. Miscellaneous.
(a) This Agreement shall be constructed, construed, and enforced in accordance with
the laws of the State of Iowa.
(b) This Agreement sets forth the entire understanding of the parties and no terms,
conditions, or warranties other than those contained herein and no amendments thereto shall be
valid unless made in writing and signed by the parties hereto.
(e) The prevailing party in any legal action brought to enforce this Agreement shall
be entitled to reasonable attorney fees and costs.
(d) This Agreement shall not be recorded.
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(e) 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.
3350 University Residential Cooperative, Inc. City of Waterloo, Iowa
By: By:
Brent Dahlstrom Quentin Hart
Its: Manager Its: Mayor
Attest:
Mgp�
Kelley Felchle City Clerk
STATE OF IOWA )
COUNTY OF BLACK HAWK )ss
This instrument was acknowledged before me on the VS"'day of L-V, ,2021,by Brent
Dahlstrom, as Manager of 3350 University Residential Cooperative, f c
I'll BARBARA J KAYSER
Zia COMMISSION NO. 195095 a Cf
* * MY COMMISSION EXPIRES
rows I MARCH 02,2Q22 Notary Public
STATE OF IOWA )
COUNTY OF BLACK HAWK )ss q
This record was acknowledged before me on the `g day of2021, by
Quentin Hart and Kelley Felchle, as Mayor and City Clerk,respectively,of the City of Waterloo,
Iowa.
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No Pub
.�P B NANCY HIGBY
_ COMMISSION NO.788229
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