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HomeMy WebLinkAboutKoelker Properties, LLC - Early Access Agreement - 10.4.2021 EARLY ACCESS AGREEMENT This Access Agreement (the "Agreement") is entered into as of 202 1, by and between the City of Waterloo, Iowa ("City"), and Keelker Properties ILC "Contractors". WHEREAS, City has acquired ownership of real property generally described as west of 3 180 West Airline Highway located in the East Waterloo Unified Urban Renewal District and designated as parcel number 8913-05-476-010 on the Black Hawk County website; and WHEREAS, Contractors desire to enter into a Development Agreement with City for construction on said lot, but more immediately need to add fill to the site for future construction, in accordance with stormwater regulations and procedures for such, and City is willing to allow there access to the Property for this purpose, subject to the terms of this Agreement. NOW, THEREFORE, in consideration of the future transactions contemplated by the parties as described above, and in consideration of the mutual promises exchanged herein, the parties agree as follows: I. City hereby grants to Company the right to enter upon the Property to begin development activities, including but not limited to surveying, grading and bringing fill dirt onto the property. The term of this Agreement shall be from the date hereof until the date that City delivers a deed to Company for the Property. Company's right to conduct its activities upon the Property are expressly made subject to prior receipt of applicable zoning, building,engineering,and other regulatory approvals. Until City delivers a deed to Company, Company may not pour footings or foundations or otherwise begin any work of constructing improvements. 2. Company shall, at its own expense, procure and maintain comprehensive public liability insurance in the amount of not less than$2,000,000 per occurrence. Such insurance shall cover liability arising from the acts or omissions of Company, its employees, contractors and agents, and shall protect the City, its officers, officials, employees, and agents, against any and all claims, damages, costs or expenses (including but not limited to reasonable attorneys' fees and expenses)arising from or in connection with injury or death to any person or persons, or loss of or damage to property, by reason of any casualty, accident or other occurrence on or about the Property during the term of this Agreement. Certificates or copies of said policies, naming the City as an additional insured, shall be delivered to City before Company, its employees, contractors, or agents, enter upon the Property for any purpose. 3. Company agrees to be responsible for any liability which may arise out of the acts or omissions of Company, its employees, agents and contactors, on or about the Property, and in said connection Company agrees 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 reasonable attorneys' fees, arising out of said acts or omissions, whether sounding in law or equity,in tort or contract, by statute, or otherwise. The duties of Company under this paragraph shall survive the expiration or termination of this Agreement. 4. If for any reason the contemplated sale and purchase of the Property between the parties is canceled or otherwise does not occur, then Company shall promptly remove from the Property all of its personal property and materials or debris that it has deposited on the Property during the terra hereof and restore, as nearly as possible, the condition of the Property to that which existed upon Company's initial entry upon the Property hereunder, except as otherwise permitted by express written consent of City. S. Notwithstanding this Agreement, the parties agree to work cooperatively in good faith to finalize the terms of a development agreement in respect of the Property as expeditiously as possible. G. The rights and duties of Company ander 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 Early Access Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA Council Approved H,4 SON10/4/2021 By: Quentin Hart, Mayor for Koelker Properties LLC Attest: °� � e SrV Kelley Felchle, City Clerk 2 KOELEXC-01 RFRANKS CERTIFICATE OF LIABILITY INSURANCE DAT 9/17/2/1712 02(MMIDIY1 1 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed , If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: The Accel Group LLC PHONE FAX 5500 Fountains Dr NE Suite 201 (Alc, No E,O: (319) 365.8611 (AIC, Nob (319) 365-6919 _ Cedar Rapids, IA 52411 E-MAIL RSS: Certs@acceladvantage.com INSURERS) AFFORDING COVERAGE HAIL INSURER A . Integrity Select 10288 INSURED INSURER B Inte rlt Mutual_ Insurance Company _ 14303 Koelker Properties, LLC INSURER C : 6245 Partners Ave INSURER D : Marion , IA 52302-4733 INSURER E INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECTTO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR SD WVD MMDD YY IDDIYYYY A TMERCIAL GENERAL LIABILITY EACI I OCCURRENCE $ 1 ,000,000 CLAIMS-MADE [X OCCUR CPP2838294 7/112021 7/1 /2022 DAMAGE TO RENTED uLeI $ 100,000 PREMISES (Ea . . MED ESP (Anyoneperson) _ $ 53000 PERSONAL B ADV INJURY $ 1 ,000,000 GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,0001000 PRO- _- C - 2,000,000 X POLICY X JECT _. __ LOG PRODUCTS - COMPIOP AGO $ OTHER: $ A AUTOMOBILE LIABILITY CEOMB`NIEED SINGLE LIMIT S 11000,000 X ANY AUTO CA 2838295 7/1 /2021 7/1 /2022 BODILY INJURY Perperson) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident _$_ _. HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per acc den]__ _-___ 5 B X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 12000)000 EXCESS LIAB CLAIMS-MADE CUP 2838297 7/1 /2021 7/1 /2022 AGGREGATE S 1 '0001000 DED I X RETENTION $ 0 B WORKERS COMPENSATION X PER OTH- ANDEMPLOYERS' LIABILITY STATUTE ER YIN WCP2838296 7/1 /2021 7/1 /2022 500,000 OANY FFIC PRIETORIPARTN[lLEXECUTIVE E.L. ACH ACCIDENT $ OFFICERIMEMBER EXCLUDED'± _ NIAI - - (Mand atoryinNH) E.L. DISEASE - EA EMPLOVEEj _$ 50O,000 If yes, describe under _ DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT IS 500'000 A Equipment Floater CPP2838294 7/1/2021 7/1 /2022 Lease/Rented 185,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101 , Additional Remarks Schedule, maybe attached If more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cit of Waterloo THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Y ACCORDANCE WITH THE POLICY PROVISIONS. 715 Mulberry St Waterloo, IA 50703 AUTHORIZED REPRESENTATIVE J Lz .J„/ ACORD 25 (2016/03) (,fit I�©t1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD