HomeMy WebLinkAboutArends Investments - Early Access Agmnt 3921 Midway Drive - 10.2.2023EARLY ACCESS AGREEMENT
This Early Access Agreement (the "Agreement") is entered into as of October 2
2023, by and between the City of Waterloo, Iowa ("City") and Dustin Arends, d/b/a Arends
Investments (the "Developer").
WHEREAS, City and Developer are parties to a development agreement concerning a
project to be undertaken by Developer on certain real property located at 3921 Midway Drive,
Waterloo (the "Property"); and
WHEREAS, the parties desire that Developer have access to the Property to begin certain
activities before the Property is conveyed to Developer pursuant to the development agreement.
NOW, THEREFORE, in consideration of the future transactions contemplated by the
parties as described above, and in consideration of the mutual promises exchanged herein, the
parties agree as follows:
1. City hereby grants to Developer the right to enter upon the Property to begin
development activities, including but not limited to demolition and site cleanup, subject to
required permitting. The term of this Agreement shall be from the date hereof until the date that
City delivers a deed to Developer for the Property pursuant to a development agreement.
Developer's right to conduct its activities upon the Property is expressly made subject to prior
receipt of applicable zoning, building, and other regulatory approvals. This Agreement does not
authorize Developer to begin any new construction activities.
2. Developer shall, at its own expense, procure and maintain comprehensive public
liability insurance in the amount of not less than $1,000,000 per occurrence. Such insurance
shall cover liability arising from the acts or omissions of Developer, its employees, contractors
and agents, and shall protect the City, its officers, elected officials, employees, and agents,
against any and all claims, damages, costs or expenses (including but not limited to reasonable
attorneys' fees and expenses) arising from or in connection with injury or death to any person or
persons, or loss of or damage to property, by reason of any casualty, accident or other occurrence
on or about the Property during the term of this Agreement. Certificates or copies of said
policies, naming the City as an additional insured, shall be delivered to City before Developer, its
employees, contractors, or agents, enter upon the Property for any purpose.
3. Developer agrees to be responsible for any liability which may arise out of the
acts or omissions of Developer, its employees, agents and contractors, on or about the Property,
and in said connection Developer agrees to indemnify and hold harmless City, its officials,
officers, employees and agents, from and against any and all claims, demands, actions, causes of
action, damages, costs, fines, penalties, and liabilities of any type or nature whatsoever,
including but not limited to reasonable attorneys' fees, arising out of said acts or omissions,
whether sounding in law or equity, in tort or contract, by statute, or otherwise. The duties of
Developer under this paragraph shall survive the expiration or termination of this Agreement.
4. Reserved.
5. Notwithstanding this Agreement, the parties agree to work cooperatively in good
faith to finalize the approval of a development agreement in respect of the Property as
expeditiously as possible.
6. The rights and duties of Developer under this Agreement may not be assigned
without the prior written consent of City. This Agreement is the entire agreement of the parties
concerning the subject matter hereof. It may not be modified or amended without the prior
written consent of the parties. This Agreement is binding on the parties and the respective
successors and assigns of each. This Agreement may be executed in multiple counterparts, each
of which, including signed counterparts transmitted by facsimile or other electronic means, shall
be deemed an original and all of which together shall constitute one instrument.
IN WITNESS WHEREOF, the parties hereto have executed this Early Access Agreement
by their duly authorized representatives as of the date first set forth above.
CITY OF WATERLOO, IOWA
By: Querctiiz Ilari
Quentin M. Hart, Mayor Dustin Arends, d/b/a Arends Investments
Attest: Kerrey q'efchfe
Kelley Felchle, City Clerk
2