HomeMy WebLinkAboutBlack Hawk Street Investments, LLC - (RECORDED) Temporary Easement Agmnt - 7.3.2023 IIII OIII III II II 111111 IIII IIIII IIIII II II 1111 II
Doc ID: 012027710006 Type: GEN
Recorded: 10/27/2023 at 03:55:47 PM
Fee Amt: $32.00 Page 1 of 6
Black Hawk County Iowa
SANDIE L. SMITH RECORDER
File2024-00005710
A. 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
3 , 2023 by and between Black Hawk Street Investments, LLC ("Grantor"), and
the City o aterloo,Iowa("Grantee").
1. Grant of Temporary 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 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.
2. Expiration of Temporary Easement. This Agreement and the easements in favor
of Grantee shall terminate upon completion of the Project and final acceptance of public
improvements by the Waterloo City Council, or by December 31, 2025 whichever occurs first.
3. Purpose. The Temporary Easement Premises is intended for use by Grantee, its
employees, contractors and agents, to reconstruct the 11th Street Bridge, utility improvements,
driveway reconstruction and retaining wall construction (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. Grantor shall bear sole responsibility of maintenance of retaining wall after final
acceptance of work or date has passed as described in Paragraph 2.
4. 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
C3a,) C
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.
5. Notifications. Sellers shall have access to utilize the parking spaces depicted in
Exhibit "A" attached hereto ("Parking Spaces"), even though such Parking Spaces are located
within the Temporary Easement Area, during all times except when needed by the City and/or
contractor(s) for construction work, which include tearing-out, grading, forming, pouring,
finishing, seeding, construction of a retaining wall and all other associated construction work,
related to the reconstruction of the 11`h Street Bridge and driveway accesses in the immediate
vicinity of Parking Spaces. The City agrees to give timely advanced notice to the sellers, which
notice shall not be less than 48 hours of date of commencement of construction work. It shall
be the sole responsibility of the Sellers to notify those, such as a lessee, using Parking Spaces
with the consent of the Sellers commencement of construction based upon noticed provided to
the Sellers by the City. The City assumes no responsibility for providing any notice to any
person other than stated within this agreement. Should any of the Parking Stalls be utilized at
any time during construction work after notice by the City as provided herein, the City reserves
the right in the City's sole discretion to clear Parking Spaces at the Seller's cost. The City further
agrees to provide notice to the Sellers as soon as construction work is completed at which time
the Parking Spaces may be utilized again. Construction work is not expected to last more than
21 days absent unavoidable delays.
IN WITNESS WHEREOF,the parties have executed this Temporary Easement Agreement by their
duly authorized representatives as of the date first set forth above.
CITY OF WATERLOO, IOWA
By:
•
awk Street nvestments, LCC Quentin M. Hart, Mayor
s T. Skarlis,Managing Member
Attest: LleAt/C --
Kelley Fe hle, City Clerk
STATE OF IOWA )
) ss.
BLACK HAWK COUNTY )
•
Acknowledged before me on %.J ,nt, 1 3 , 2023, by 3(J2>^r\t.5 1,, S ,ill S
as NI-NA
„�, r�+t- of Black Hawk Street Investm ts, LLC
AvYA"`s ERIC W JOHNSON
z° COMMISSION NO.725372
* '''"' * MY COMMISSION EXPIRES
rows NOVEMBER4,2024 Notary Public
STATE OF IOWA )
) ss.
BLACK HAWK COUNTY )
Acknowledged before me on Atnt , 2023, by Quentin M. Hart and Kelley
Felchle as Mayor and City Clerk,respectively, of the City of Waterloo, Iowa.
,sPa'"s I BRITNI C PERKINS
7 COMMISSION NO.845529
* M COMMISSION
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Exhibit "A" Temporary Easement Premises
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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
3 , 2023 by and between Black Hawk Street Investments, LLC ("Grantor"), and
the City o aterloo, Iowa("Grantee").
1. Grant of Temporary 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 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.
2. Expiration of Temporary Easement. This Agreement and the easements in favor
of Grantee shall terminate upon completion of the Project and final acceptance of public
improvements by the Waterloo City Council, or by December 31, 2025 whichever occurs first.
3. Purpose. The Temporary Easement Premises is intended for use by Grantee, its
employees, contractors and agents, to reconstruct the 11th Street Bridge, utility improvements,
driveway reconstruction and retaining wall construction (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. Grantor shall bear sole responsibility of maintenance of retaining wall after final
acceptance of work or date has passed as described in Paragraph 2.
4. 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.
5. Notifications. Sellers shall have access to utilize the parking spaces depicted in
Exhibit "A" attached hereto ("Parking Spaces"), even though such Parking Spaces are located
within the Temporary Easement Area, during all times except when needed by the City and/or
contractor(s) for construction work, which include tearing-out, grading, forming, pouring,
finishing, seeding, construction of a retaining wall and all other associated construction work,
related to the reconstruction of the 11th Street Bridge and driveway accesses in the immediate
vicinity of Parking Spaces. The City agrees to give timely advanced notice to the sellers, which
notice shall not be less than 48 hours of date of commencement of construction work. It shall
be the sole responsibility of the Sellers to notify those, such as a lessee, using Parking Spaces
with the consent of the Sellers commencement of construction based upon noticed provided to
the Sellers by the City. The City assumes no responsibility for providing any notice to any
person other than stated within this agreement. Should any of the Parking Stalls be utilized at
any time during construction work after notice by the City as provided herein, the City reserves
the right in the City's sole discretion to clear Parking Spaces at the Seller's cost. The City further
agrees to provide notice to the Sellers as soon as construction work is completed at which time
the Parking Spaces may be utilized again. Construction work is not expected to last more than
21 days absent unavoidable delays.
IN WITNESS WHEREOF,the parties have executed this Temporary Easement Agreement by their
duly authorized representatives as of the date first set forth above.
CITY OF WATERLOO, IOWA
• / By:
awk Street nvestments, LCC Quentin M. Hart, Mayor
s T. Skarlis, Managing Member
Attest: Jf'
Kelley Fe/hle, City Clerk
STATE OF IOWA )
) ss.
BLACK HAWK COUNTY )
Acknowledged before me on J ulnZ 1 3 , 2023, by 3(.4 mt,s SL S
as \ / j- r of Black Hawk Street Investor ts, LLC
314.4.t. ERIC W JOHNSON
MISSION NO.725372
* * CM1COMMISSSION EXPIRES MY
km' NOVEMBER4,2024 Notary Public
STATE OF IOWA )
) ss.
BLACK HAWK COUNTY )
Acknowledged before me on nt g I , 2023, by Quentin M. Hart and Kelley
Felchle as Mayor and City Clerk,respectively, of the City of Waterloo, Iowa.
kvo"s BRITNI C PERKINS
COMMISSION NO.845529
* * MY COMMISSION EXPIRES
Iowa JANUARY 27,2026 No r '
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