HomeMy WebLinkAboutHLA 1031 - Permanent Easement Agreement - 5-23-2011Prepared by Christopher S. Wendland, P.O. Box 596, Waterloo, IA 50704. Phone (3191234-5701
Return to preparer after recording.
LLC ("
PERMANENT EASEMENT AGREEMENT
This Permanent Easement Agreement (the "Agreement") is entered into as of
, 2011, by and between the City of Waterloo, Iowa ("Grantor") and HLA 1031,
ee").
1. Grant of Permanent Easement. In consideration of the mutual promises and
covenants contained herein, and for other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, Grantor does hereby grant and convey unto
Grantee, and Grantee does hereby accept, a permanent easement (the "Easement") in, to,
upon, over, across, and beneath the real estate (the "Premises") legally described as set forth
on Exhibit "A-1" attached hereto and by this reference made a part hereof. The Easement is
exclusive to Grantee, subject to such exceptions or reservations as are made in paragraph 4.a
below.
2. Purpose. The Premises is intended for use by Grantee for purpose of
constructing areas for vehicular parking and travel in support of improvements to be made by
Grantee on abutting land, and for installation of landscaping. The Premises has been cleared
for construction by the Federal Aviation Administration (FAA). The Premises shall not be used
for any other purpose without the prior written consent of Grantor. It is the intention of the
parties that Grantee shall assume all responsibility for the construction, maintenance and
operation of improvements made to the Premises, and that Grantor shall have no liability relating
to the Easement.
3. Grantor Duties. Grantor shall deliver possession of the Premises to Grantee, "as
is, where is", without any representation or warranty as to the condition of the Premises. Grantor
shall have no duty to prepare the Premises in any way for Grantee's use. Following transfer of
possession of the Premises, Grantor shall have no further duty or obligation with respect to the
Premises, except as set forth herein.
4. Easement Conditions. Grantee agrees that its acceptance of the Premises is
subject to each and all of the following terms, conditions, covenants, and restrictions, which are
covenants running with the land:
a. The Easement and Premises are subject to (a) current and future real estate
real property taxes and assessments; (b) general utility and right-of-way
easements serving the Premises; and (c) restrictions imposed by city zoning
ordinances, other applicable law, and the Deed of Dedication for MidPort
America Park Plat No. 3.
b. Grantee will construct, maintain and operate the Premises and the Easement
in accordance with all federal, state and local laws and regulations, and a
standard of reasonable care.
c. As against Grantor, Grantee shall solely bear all responsibility, cost, and
expense for design, construction, repair, maintenance, operation and any other
work relating in any way to the Easement and the Premises, and any
improvements placed on or made to the Premises.
d. Except as to any negligence of Grantor or its agents, Grantee will protect,
defend, indemnify, and save harmless the Grantor from and against any and all
claims, demands, causes of action, losses, costs, damages, and expenses,
including but not limited to attorneys' fees and expenses, occasioned by, or
arising out of, any act or omission causing or inflicting injury and/or damage to
any person or property, happening or done in, upon, or about the Premises, and
due directly or indirectly to the use or occupancy thereof, or any part thereof, by
Grantee or any person claiming through or under the Grantee. The provisions of
this paragraph shall survive the expiration, abandonment, or termination of this
Agreement.
5. Conveyance of Premises. The parties acknowledge that the Premises is now
subject to certain restrictions imposed by the FAA in connection with the Waterloo Regional
Airport and that Grantor has submitted a request to the FAA for release of the Premises from said
restrictions. Said restrictions do not affect Grantee's ability to construct improvements as
contemplated by this Agreement. Upon receipt of the FAA's release, Grantor shall convey the
Premises to Grantee by special warranty deed, for no additional consideration.
6. Miscellaneous Provisions. This Agreement is binding upon and shall inure to the
benefit of the parties and their respective successors and assigns. This Agreement is the entire
agreement between the parties pertaining to the subject matter hereof and supersedes all prior
understandings or agreements relating to the subject matter hereof, whether oral or written, and this
Agreement may not be modified except by the mutual written agreement of both parties. The
Easement is intended to be permanent and shall run with the land. This Agreement may be
executed in counterparts.
2
IN WITNESS WHEREOF, the parties have executed this Easement Agreement by their
duly authorized representatives as of the date first set forth above.
HLA 1031, LLC,
an Iowa limited liability company
By: Iowa Property Exchange, L.L.C.,
an Iowa limited liability company,
its sole member
By:
David A. Brown, President
STATE OF IOWA
) ss
COUNTY)
CITY OF W TERLOO, IOWA
By: _.,.4.4.4.
Ernest G. Clark, Mayor
Attest:
uzy Sjh res, City Clerk
Acknowledged before me on , 2011, by David A. Brown as President
of Iowa Property Exchange, L.L.C., sole member of HLA 1031, LLC.
STATE OF IOWA
) ss.
BLACK HAWK COUNTY )
Acknowledged before me on
Schares as Mayor and City Clerk, respectiv
Notary Public
3
, 2011, by Ernest G. Clark and Suzy
City of Wa -rloo, to a.
ublic