HomeMy WebLinkAboutOperation Threshold-Right of Entry Agreement-09.08.2009 cviktrfrati .-Ur
1 4Zo, Doo5
RIGHT OF ENTRY AGREEMENT
This agreement is entered into as of September 4;'_, 2009, by and between the City of
Waterloo, Iowa ("City") and Operation Threshold ("OT"), for and in consideration of the mutual
promises and covenants herein contained and for other good and valuable consideration, the
receipt and sufficiency of which are hereby acknowledged.
The terms of this Agreement are as follows:
1. The subject matter of this agreement is: Property owned by the City in the area bounded
by Elm Street, Mulberry Street, Vinton Street, and Lafayette Street (the "Property").
2. The purpose of this Agreement is to allow OT, its contractors, agents and invitees,
access to the Property for purposes of soil testing and other site-evaluation activities
relating to a possible development project on the Property.
3. OT agrees to defend, indemnify, and hold harmless the City from and against any and all
claims, demands, causes of action, losses, damages, costs, or liabilities whatsoever,
including but not limited to reasonable attorneys' fees and expenses, arising from or on
connection with the acts or omissions of OT, its contractors, agents or invitees, that relate
in any way to entry upon the Property for the purposes contemplated by this Agreement.
4. OT agrees to repair any damage done to the Property in connection with the activities of
OT, its contractors, agents and invitees, including but not limited to disturbances of the
soil. Repair shall generally mean restoration of the Property to the condition it was in
before the disturbance.
5. The term of this agreement shall expire on November 30, 2009.
6. This is the entire agreement: between the parties, and this agreement shall not be
modified in any manner without the express written consent of both parties. This
agreement is binding on the parties and the successors and assigns of each.
IN WITNESS WHEREOF, the parties have executed this Right of Entry Agreement by their duly
authorized representatives as of the date first set forth above.
Representin Representing:
Operation Threshold City of Waterloo, Iowa
--f)zh;rt 6{-iA �i m, I�hczyr
Printed Name Printed Name
11K)
Date Date