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HomeMy WebLinkAboutJSA Development Encroachment Agreement - 2.19.2024 ENCROACHMENT AGREEMENT Prepared by: Seth Hyberger, 715 Mulberry Street,Waterloo, Iowa 50703 (319) 291-4366 THIS ENCROACHMENT AGREEMENT is entered into by and between JSA Development, hereinafter"JSA", and the City of Waterloo, Iowa, hereinafter"City"this 11 'day of 1-C.611.411 2024-1. I WHEREAS,JSA is the owner of real estate commonly known as 425 Franklin Street, Waterloo, Iowa 50703 and legally described as: The Southwesterly(20) feet of the Southeasterly (100) feet of Lot No. Four(4), the Northeasterly One-half of Lot No. Five (5),the Southeasterly One Hundred(115) feet of the Southwesterly One-half of Lot No. Five (5), and the Southeasterly One Hundred Fifteen (115)of Lots Nos. (8) and Nine (9) in Block No. Sixty-Two (62) in the Cooley Addition in the City of Waterloo, Black Hawk County, Iowa, (hereinafter"JSA Property"); and WHEREAS,JSA is proposing to install and construct 4 decorative light poles, hereinafter "Encroachment")that will encroach into City right-of-way of East Park Avenue(hereinafter the "Right-of-Way") and WHEREAS, for the benefit of JSA Property, JSA is requesting to allow said Encroachment within a portion of said Right-of-Way as shown on the attached Exhibit"A"(hereinafter the "Encroachment Area"), and WHEREAS,the City is willing to allow said Encroachment into said Right-of-Way as described above, subject to the following agreement regarding each party's rights. THEREFOR IT IS HEARBY AGREED by and between the parties as follows. 1. JSA hereby recognizes and reaffirms, said Right-of-Way, and claims no rights or privileges therein except to the limited extent provided for in this agreement. 2. The City grants JSA the right to place and maintain said Encroachment in said Encroachment Area of said Right-of-Way, subject to the rights of the City and/or any agency to which the City has granted a utility franchise or right-of-way License Agreement to and for access over,under and upon said Right-of-Way,expressly recognizing and acknowledging that any damage that occurs to said Encroachment will be the sole risk and expense of JSA and all successors or assigns, including moving,repair, removal or replacement expenses. In the event that the City and/or any agency to which the City has granted a utility franchise or right-of-way License Agreement needs the Encroachment to be temporarily moved for access to said Right-of-Way, JSA and all successors or assigns shall move said Encroachment if present and able, otherwise the City of Waterloo and/or any agency to which the City has granted a utility franchise or right-of-way License Agreement shall be authorized to move or remove said Encroachment and assess any costs for moving or removing against JSA or any successors or assigns, or against JSA Property. 3. The term of this agreement shall be for so long as said Encroachment is maintained by JSA, or any successors or assigns, and said Encroachment continues to exist, and that this agreement shall automatically terminate if said Encroachment is removed (other than for temporary removal during replacement or repair). It is understood and agreed that this Agreement is appurtenant to the JSA Property and runs with the land. It is further understood and agreed that this agreement may be terminated by the City of Waterloo upon 60 days notice and order to permanently remove to JSA, or any successors and assigns, and that JSA, and any successors and assigns agree to remove said Encroachment(s)prior to the end of the 60 days notice and termination of this agreement. If JSA, or any successors and assigns fail to remove said Encroachment upon termination of this agreement, JSA, or any successors and assigns authorize the City of Waterloo to remove said Encroachment and assess costs for removing same to JSA, or any successors and assigns, or against JSA Property. 4. JSA, and all successors and assigns shall protect, defend, indemnify, and hold harmless the City and its successors and assigns, and its officers, elected officials, employees, and agents, and any agency to which the City has granted a utility franchise or right-of-way License Agreement from any claim, damages, liability and expenses (including, but not limited to,reasonable attorney's fees and costs of litigation) arising out of the use, maintenance, or removal of said Encroachment, including but not limited to any damage to said Encroachment. This covenant shall survive the termination of this Agreement. 5. This is the entire agreement between the parties with respect to the subject matter hereof. It may be amended only in a written instrument signed by the parties. This agreement is binding upon parties and their respective transferees, successors, heirs, and assigns. Time is of the essence in observing the terms of this agreement. IN WITNESS WHEREOF, the parties have executed this Encroachment Agreement by their duly authorized officers as of the date first set above. JSA Properties ts: LLC � v By. tr/54t*I— City City of Waterloo: lit ' By: Quentin Hart Its: Mayor Attest: Kelly R le, City Clerk STATE OF IOWA ) 1eIIeY COUNTY OF BLACK HAWK ) SS. On this r i day of Of u , a.D2L( before me, the undersigned, a Notary Public in and for the State of Iowa,personaflly appeared 1-)avid Jed S to me known to be the identical persons named herein and who executed the foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. EMILY SELIGA 27*.T Commission Number$49716 My Commission Expires l V , IOW July 27.2026 Notary Pub ''c STATE OF IOWA ) COUNTY OF BLACK HAWK ) SS. This instrument was acknowledged before me on this g' day of I,o1 04 by Quentin Hart and Kelly Felchle as Mayor and City Clerk, respectively, of the it of Waterloo. o.AP'^�s BRITNI C PERKINS M�*% z COMMISSION N0.84 o r Public *nwr p,* MY COMMISSION EXPIRESRES IOWA JANUARY 27,2026