HomeMy WebLinkAboutCedar Valley Soccer Club - Right of Entry_Hold harmless Agmnt - 4.3.2023RIGHT OF ENTRY AND HOLD HARMLESS AGREEMENT
This Right of Entry and Hold Harmless Agreement (the "Agreement") is entered into
between the City of Waterloo, Iowa (the "City") Cedar Valley Soccer Club ("Club") as of
April 3, , 2023.
RECITALS
A. Club desires to excavate and remove approximately 8 dump truck loads of soil on
property owned by the City of Waterloo at the southeast corner of Ansborough
Avenue and Highway 20 (the "Property"), and City is willing to allow Club to enter
upon the property remove said soil on said Property, subject to the terms set forth
herein. The Property is identified on a site plan attached hereto as Exhibit "A".
AGREEMENT
NOW, THEREFORE, in consideration of the premises and other good and valuable
consideration, the receipt and sufficiency of which is acknowledged, the parties agree as follows:
1. Club Parties (defined below) may enter upon the Property, and shall undertake
their activities in and upon the Property, in the "AS IS" condition of each Property and at their
sole risk. City shall have no liability for injury, loss or damage suffered by Club Parties or
anyone else that arise from or in connection with the acts or omissions of Club Parties as
contemplated by this Agreement. Club agrees to indemnify City and to hold it harmless from and
against any and all claims, demands, causes of action, fines, fees, penalties, costs, expenses or
liabilities of any type or nature (including but not limited to reasonable attorney's fees and
expenses) arising out of or in any way connected with the activities of Club, its employees,
contractors, subcontractors and agents (the "Club Parties") on the Property. Such activities are
referred to herein as the "Project." The duties of Club under this paragraph shall survive the
expiration or termination of this Agreement.
2. Before initiating excavations, Holven shall provide to City proof of general
commercial liability insurance with minimum coverage of $100,000, naming City as an
additional insured. Club shall maintain such insurance in effect throughout the Project and for at
least 12 months thereafter.
3. The Club Parties may excavate soil from the Property only from the excess
stockpile of soil located on the Property, provided that Club Parties restore the condition of the
Properties and spread suitable grass seed on any areas disturbed. Disturbed areas shall be
compacted as necessary to prevent any substantial settling. The Club Parties may excavate until
such time as the approximate 8 dump truck loads of soil material has been removed, but shall
have said soil material removed by no later than May 31, 2023.
4. This Agreement shall inure to the benefit of and be binding upon the parties and
their respective successors and assigns. It may be modified only in a written instrument signed
by the parties.
5. This Agreement may be signed in one or more counterparts, each of which,
including but not limited to signed counterparts transmitted by facsimile or other electronic
means, shall be deemed an original and all or which, taken together, shall constitute one
instrument.
IN WITNESS WHEREOF, the parties have executed this Right of Entry and Hold
Harmless Agreement by their duly authorized representatives as of the date first set forth above.
CITY OF WATERLOO, IOWA CEDAR VALLEY SOCCER CLUB
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By:
Quentin Hart, Mayor Tom Herzmann, Board President
Attest:
Kelley Felchle, City Clerk
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