HomeMy WebLinkAboutHotel President Partners, LP - Temporary Construction Easement -1/18/2022Prepared 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
r, l S , 2022 by and between Hotel President Partners, LP ("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 $100.00 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
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. The Premises and the
Temporary Premises are collectively referred to as the "Easement Premises."
2. Purpose. The 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.
3. Grantor Duties and Privileges. Grantor shall deliver possession of the
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 Easement Premises in
any way for Grantee's use. Following transfer of possession of the Easement Premises,
Grantor shall have no further duty or obligation with respect to the Easement Premises,
except as set forth herein. Grantor may mow grasses and vegetation growing in the
Premises, but may not conduct other activities upon the Premises without the prior
written consent of Grantee.
IN WITNESS WHEREOF, the parties have executed this Easement Agreement by their duly
authorized representatives as of the date first set forth above.
HOTEL PRESIDENT PARTNERS, LP CITY OF WATERLOO, IOWA
C Lif ntr-N1Q
STATE OF
COUNTY
)ss.
By:
Attest:
Quentin M. Hart, Mayor
Kelley elchle, City Clerk
Acknowledgpd before me on Dec, ZD
Mal4 S,e9¢v a1 as A
Partners, LP
STATE OF IOWA )
) ss.
BLACK HAWK COUNTY )
Acknowledged before me
Kelley Felchle as Mayor and City
LA4i4orizerx M,2ot FLtr
, 2021, by
of Hotel President
BRYAN CORRADO
Notary Rolle - California
Los Angeles County
Commissior # 2229090
My Comm: Eepirea Feb 17, 2022
on JVn2-8 , 2022, by Quentin M. Hart and
Clerk respectivtly, of the City of Waterloo, Iowa.
NANCY HIM?
COMMISSION NO.780229
MY C MM SS1CN E. N, tHtS