HomeMy WebLinkAboutBPC Properties, LLC - Temporary Easement Agreement - 11.1.2021 Prepared by Tim Andera,City of Waterloo Waterloo IA 50703 Phone(319)291-4366
TEMPORARY EASEMENT AGREEMENT
This Temporary Easement Agreement (the "Agreement") is entered into as of
oJ2 ev t , 2021 by and between BPC Properties, LLC ("Grantor"), and the City
of Waterloo,Iowa("Grantee").
1. Grant of Temporary Easement. In consideration of the mutual promises
and covenants contained herein, and for other good and valuable consideration in the
amount of $3,402.91, the receipt and sufficiency of which is hereby acknowledged
Grantor does hereby grant and convey unto Grantee, and Grantee does hereby accept, a
temporary easement for purposes relating to construction of the Improvements (the
"Temporary Easement") in, to, upon, over, across, and beneath the real estate (the
"Temporary Easement Premises") as set forth on Exhibit "A" attached hereto and by
this reference made a part hereof. The Temporary Easement shall expire upon conclusion
of all construction, cleanup, and demobilization activities upon the Premises and adjacent
land, or January 1, 2024, whichever occurs first.
2. Purpose. The Temporary Easement Premises is intended for use by
Grantee, its employees, contractors and agents, to reconstruct the Park Avenue Bridge and
utility improvements (the "Improvements"). It is the intention of the parties that Grantee
shall assume all responsibility for the construction of the Improvements adjacent to the
Premises, and that Grantor shall have no liability relating to the Easement or the
Improvements except as may arise from the Grantor's own negligent acts or omissions or
willful misconduct. Improvements include stairs and retaining walls that will be
maintained by the Grantee after completion of the project. A separate agreement will
address the maintenance of the stairs and retaining walls and will be filed with the Black
Hawk County Recorder.
3. Grantor Duties and Privileges. Grantor shall deliver possession of the
Temporary Easement Premises to Grantee, "as is, where is", without any representation or
warranty as to the condition of same. Grantor shall have no duty to prepare the Temporary
Easement Premises in any way for Grantee's use. Following transfer of possession of the
Temporary Easement Premises, Grantor shall have no further duty or obligation with
respect to same, except as set forth herein. Grantor may mow or care for grasses and
vegetation growing in the Temporary Easement Premises during the period of this
Agreement,but may not conduct other activities upon the Temporary Easement Premises
without the prior written consent of Grantee. Grantor agrees that any activities that
Grantor, its officers, employees, contractors or agents undertake on the Temporary
Easement Premises during the term hereof shall be at their sole risk, and Grantor hereby
agrees to indemnify Grantee, its officials, officers, employees, contractors and agents,
with respect to any and all claims for injuries, death, property damage, property loss or
otherwise, arising from the acts or omissions of Grantor, its officers, employees,
contractors or agents, on or about the Temporary Easement Premises during the term of
this Agreement.
IN WITNESS WHEREOF,the parties have executed this Temporary Easement Agreement
by their duly authorized representatives as of the date first set forth above.
BPC PROPERTIES, LLC CITY OF WATERLOO,IOWA
By: T�kb& �\�A By:
Title: PA6 time e- Quentin M. Hart,Mayor
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Attest: �f`t K C-
Kelley lelchle, City Clerk
��"'"`•� BETH ELLEN GEHRKE
STATE OF IOWA ) * ; CMY MISSION NO PIRRES
) ss.
BLACK HAWK COUNTY )
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Acknowledged before me on Ot b bu l 2021, by l S 1 as
'Anfv�',_h2e - of BPC Properties,LLC
NotuTfublic
STATE OF IOWA )
) ss.
BLACK HAWK COUNTY )
Acknowledged before me on �of t_ , 2021, by Quentin M. Hart and
Kelley Felchle as Mayor and City Clerk,respectively, of the City of Waterloo, Iowa.
NANCY HIGBY
COMMISSION NO.788229 Notar} Publi
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