HomeMy WebLinkAboutIowa Heartland Habitat for Humanity - Project Demolition Agmnt - 11.4.2024 PROJECT DEMOLITION AGREEMENT
This Project Demolition Agreement (the "Agreement") is entered into effective as of
'I�,O Vber 4, 2024, by and between Iowa Heartland Habitat for Humanity ("Company") and
the City of Waterloo,Iowa("City").
RECITALS
A. Company and City have worked together, and intend to continue working
together, on a project to complete asbestos testing, asbestos abatement, and
undertake demolition of Company-owned properties, including 512 Almond
Street and 222 Randall Street(the "Project"). In connection with undertaking the
Project,the City will enter into certain contracts for asbestos testing, asbestos
abatement, demolition, and related matters.
B. The parties desire to enter this Agreement to express their continued desire to
work together for advancement of the Project on the terms set forth herein.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual promises exchanged herein, and for
other consideration, the receipt and sufficiency of which is hereby acknowledged, the parties
agree as follows:
1. City Responsibility. City will let one or more contracts (the "Contracts") for
professional services needed for the Project. City will utilize competitive bidding procedures as
prescribed by Iowa law; will comply with all other laws or regulations which may apply to its
activities in carrying out the Project; and will comply with all terms, covenants, and conditions
of the Contracts. City agrees to cooperate with Company in good faith on all future decisions
regarding Project specifications and to consult with Company from time to time regarding
Project status. City will oversee all Project activities, will review and approve all requests for
payment from Project contractors, and will issue payment to the requestor in timely fashion
(subject to any contractual or other rights to audit, protest, or deny payment).
2. Company Responsibility. Company has reviewed, or before award shall review,
the Contracts. Company agrees to allow the City of Waterloo, its officials, officers, employees,
contractors and agents, to enter the Project properties to complete the Project, and agrees to
indemnify and hold harmless the City, its officials, officers, employees, contractors and agents
(the "indemnified parties"), with respect to any and all claims for injuries, death,property
damage,property loss or otherwise arising from or in connection with the acts or omissions of
the indemnified parties in carrying out the Project, except those claims arising out of the
negligent acts or omissions or willful misconduct of the indemnified parties or non-compliance
or violation of applicable law by an indemnified party. Company agrees to cooperate with City
in good faith on all future decisions regarding Project specifications.
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3. Notices. Any notice under this Agreement shall be in writing and shall be
delivered in person or by United States registered or certified mail,postage prepaid and
addressed:
COMPANY CITY
Iowa Heartland Habitat for Humanity City of Waterloo, Iowa
803 W 5th Street 715 Mulberry Street
Waterloo, Iowa 50702 Waterloo, Iowa 50703
Attn: Executive Director Attn: Aric Schroeder
Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person,
or(ii)three (3) business days following the date of deposit if mailed by United States registered
or certified mail, postage prepaid.
4. Miscellaneous Provisions. This Agreement is binding upon and shall inure to the
benefit of the parties and their respective successors and assigns. This Agreement is the entire
agreement between the parties pertaining to the subject matter hereof and supersedes all prior
understandings or agreements relating to the subject matter hereof,whether oral or written, and this
Agreement may not be modified except by the mutual written agreement of both parties. Time is of
the essence of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Project Demolition
Agreement by their duly authorized representatives as of the date first set forth above.
IOWA HEARTLAND HABITAT FOR CITY OF WATERLOO, IOWA
HU ITY
By: By: 1.- d
Quentin Hart, Mayor
Title: CXQ G��'t��-2f l rrP C4-A(
Attest:
Ketirrelchle, i Clerk
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