HomeMy WebLinkAboutSunnyside Terrace, Inc. - Temporary Easement Agmnt - 8/5/2024 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
LK,-+ s , 2024 by and between Sunnyside Terrace, Inc. ("Grantor"), and the City of
Water , 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. The Temporary Easement shall expire
upon conclusion of all construction, cleanup, and demobilization activities upon the Premises or
within 18 months of commencement of construction, whichever occurs first.
2. Purpose. The Temporary Easement Premises is intended for use by Grantee, its
employees, contractors and agents, to excavate and regrade Sunnyside Creek (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 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.
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
/'J.,!. M47 By: ' J d
Sunnyside Terrace, Inc. Quentin M. Hart, Mayor
Glenn A. Stech
President
Attest:
Kelley Fe le, City Clerk
STATE OF IOWA )
)ss.
BLACK HAWK COUNTY )
Acknowledged before me orfliizt �'/ , 2024 lenn . Stech as President of
Sunnyside Terrace, Inc.
i$ � CO MTIISSIONDNO.772618
*** MY COMMISSION EXPIRES C.> `
aw" APRIL 11,2027 Notary ub •
STATE OF IOWA )
) ss.
BLACK HAWK COUNTY )
Acknowledged before me on 4 , 2024, by Quentin M. Hart and Kelley
Felchle as Mayor and City Clerk,respeWely,of the City of Waterloo, Iowa.
„Ism.^LS BRITNI C PERKINS
i i r COMMISSION NO.845529
* MY COMMISSION EXPIRES
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PROTECT: Sunnyside Creek Drainage Improvements Project
OWNER: Sunnyside Terrace, Inc.
OFFER TO DONATE FORM
As owner(s) of real estate needed for the above-referenced project, and acknowledging the fact that
we are entitled to just compensation for the subject property interests, nevertheless, we desire to
donate the fee title acquisition land. We hereby waive such compensation rights and will promptly
execute the necessary documents for the City of Waterloo,Iowa.
This donation to the City of Waterloo,Iowa, is made knowingly,voluntarily,and not under coercion
or threat of any nature by the City of Waterloo or its agents. Before signing this form, we have had
the opportunity to consult with our own legal and tax advisors. References in the singular number
include the plural, and vice versa.
-z
Glenn A. Stech Date
President