HomeMy WebLinkAboutInternational_Paper_Company_-_Early_Access_Agreement_9.2.2025Docusign Envelope ID: A2154141-201C-404C-ACD2-589D3DFB784C
EARLY ACCESS AGREEMENT
This Early Access Agreement (the "Agreement") is entered into as of September 2 ,
2025, by and between the City of Waterloo, Iowa ("City") and International Paper Company (the
"Company").
WHEREAS, City and Company are parties to a development agreement concerning a
project to be undertaken by Company on certain real property known as Parcel B, Parcel C and
Parcel F depicted in attached Exhibit "A" (the "Property"), located in the East Waterloo Unified
Urban Renewal and Redevelopment Plan Area; and
WHEREAS, the parties desire that Company have access to the Property to begin certain
activities before the Property is conveyed to Company, and no building activities shall occur upon
the Property pending Federal Aviation Administration property release approval.
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 Company the right to enter upon the Property to begin cross
city owned property to transport excess fill to the property at 4050 Leversee Road. The term of
this Agreement shall be from the date hereof until the date that City delivers a deed to Company
for the Property pursuant to a development agreement. Company's right to conduct its activities
upon the Property is expressly made subject to prior receipt of applicable zoning, building, and
other regulatory approvals.
2. Company 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 Company, its employees, contractors and
agents, and shall protect the City, its officers, 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 Company, its
employees, contractors, or agents, enter upon the Property for any purpose.
3. Company agrees to be responsible for any liability which may arise out of the acts
or omissions of Company, its employees, agents and contractors, on or about the Property, and in
said connection Company 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 Company under this
paragraph shall survive the expiration or termination of this Agreement.
4. If for any reason the contemplated sale and purchase of the Property between the
parties is canceled or otherwise does not occur, then at its sole expense Company shall promptly
remove from the Property all of its personal property and materials or debris that it has deposited
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Docusign Envelope ID: A2154141-201C-404C-ACD2-589D3DFB784C
on the Property during the term hereof and restore, as nearly as possible, the condition of the
Property to that which existed upon Company's initial entry upon the Property hereunder, except
as otherwise permitted by express written consent of City.
5. Notwithstanding this Agreement, the parties agree to work cooperatively in good
faith to finalize the terms of a development agreement in respect of the Property as expeditiously
as possible.
6. The rights and duties of Company 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
p-DocuSigned by:
C .c, itiu tka 1L
By: ‘--D05z4D,� 6` Quentin M. Hart, Mayor
Signed by:
Attest:C"4/*Fdde4
Kelley re c i` e., City Clerk
2
International Paper Company By: /
� ��+% 8/20/2025
/�
W. Neely M.'fry, IV, tor, Real Estate
Docusign Envelope ID: A2154141-201C-404C-ACD2-589D3DFB784C
Exhibit "A" c
Description: Airport Release Parcel F
A parcel of land located in the Southwest Quarter and Northwest Fractional Quarter of Section 5, Township 89 North,
Range 13 West of the 5th Principal Meridian, City of Waterloo, Black Hawk County, State of Iowa, and being more
particularly described as follows:
Commencing at the southwest corner of said Section 5; thence North 00°36'49" East (North 00°36'39" East per
Releases of Federal Encumbrances at the Waterloo, Iowa Regional Airport survey prepared by EarthTech dated
January 26, 2006) along the west line of said section 795.25 feet; thence South 89°23'11" East (South 89°23'21"
East per EarthTech survey) 33.00 feet to the intersection of the present northerly right-of-way line of the Canadian
National Railroad and the east right-of-way line of Leversee Road and also being the southwest corner of Airport
Release Parcel D per EarthTech survey; thence North 00°36'49" East (North 00°36'39" East per EarthTech survey)
along the east right-of-way line Leversee Road 1189.64 feet to the northwest corner of said Release Parcel D and
the point of beginning of this description; thence continuing North 00°36'49" East along the said east Leversee Road
right-of-way 702.35 feet to the north line of the southwest quarter of Section 5; thence North 00°27'21" East along
the east right-of-way line of Leversee Road 395.39 feet to the southwesterly line of Airport Release Parcel C; thence
South 89°47'33" East (South 89°48'20" East per EarthTech survey) along said southwesterly line 208.35 feet; thence
North 67°02'45" East (North 67°02'10" East per EarthTech survey) along the southeasterly line of Release Parcel C
2623.16 feet (2623.53 feet per EarthTech survey) to the southeast corner of said parcel; thence South 07°02'54"
West along a line that is 684 feet northwesterly of and parallel with the centerline of runway 18/36 and its
southwesterly extension 2172.16 feet to the northeast corner of said Release Parcel D; thence North 89°08'07" West
(North 89°08'13" West per EarthTech survey) along the north line of Release Parcel D 2368.20 feet to the point of
beginning containing 3,883,827 square feet or 89.16 acres.
0
0
NE 1/4
SEC. 32-90-13
N 1/4 CORNER,
SEC. 32, T9ON, R13W,
FD. REBAR IN PCC
N 1/4
SE32-90-13
NW CORNER,
— SEC. 32, T9ON, R13W,
FD. REBAR IN PCC
1002'
ti
0
(N 01°21'23" W)
(660.17')
N 01°21'29" W 2656.20'
/SE 1/4
SEC. 32-90-13
1002'
N 01°12'47" W 5294.75'
00
0
0
Survey Notes:
1. The Bearings shown on this survey are derived from GPS
observations using the Iowa State Plane Coordinate System,
North Zone, NAD 83 (2011).
2. Survey field work completed on November 16, 2023.
3. All dimensions are in US Survey feet and decimals thereof.
4. No monuments set at the corners of Release Parcel F.
5. Total area: 3,883,827 SF - 89.16 Acres
SW 1/4: 1,777,359 SF - 40.80 Acres
NW 1/4: 2,106,468 SF - 48.36 Acres
N 1/4 CORNER,
SEC. 5, T89N, R13W,
FD. OPEN PIPE W/YELLOW
ID CAP NO. 8505
PER DOC. #2006-15216
(S 01°13'03" E 1255.80')
RELEASE
PARCEL
N 01'18'08" W 2295.81')
(S 01°18'08" E 969.23') SW 1/4
SEC. 32-90-13
RELEASE
PARCEL
'A"
(S 89°02'43" W)
(297.01')
(N 01°23'12" W 1194.61')
LEVERSEE RD
W 1/4 CORNER,
SEC. 32, T9ON, R13W,
FD. SURVEY NAIL IN HMA
PER DOC. #2023-08113
0
0)
NON -AIRPORT
PROPERTY
(N 01°23'12" W)
(132.00')
WEST LINE SW 1/4, SEC 32, T9ON, R13W
n. mo.')R" UV 2R83 48'
l�r
N 89°02'04" E 2648.21'
v
0
z
0
0
0)
0
z
F-
10
0
00
w
z
CC
w
x
00
0
0
z
Lir
0
z
0
NE CORNER,
SEC. 5, T89N, R13W,
FD. BROKEN WPA CONC. MON.
PER DOC. #2006-15216
Owner / Developer:
City of Waterloo, IA
Plat Legend:
• Found Section Corner Monument
Q Set Section Comer Monument
(123.45') Record Measurement
123.45' Field Measurement
POC Point of Commencement
POB Point of Beginning
Survey Requested By:
Noel Anderson
Economic Development Dir.
715 Mulberry Street,
Waterloo, Iowa 50703
Phone: (319) 291-4366
FRL NE 1/4
SEC. 5-89-13
CENTERLINE RUNWAY 18/36
684'
EAST LINE FRL N 1/4 SEC 5, T89N, R13W
(S 0°20'29" W 1078.76')
co
in
• o Q N N
- ww
Z • o v
00 0 0
w coco
Z Z Z
0
0
Z
FRL NW 1/4
SEC. 5-89-13
RELEASE
PARCEL
n^n
(N 0°27'15" E)
(208.77')
(N 89°02'02" E)
(202.77')
(S 89°48'20" E)
S 89°47'33" E
208.35'
(N 0°27'15" E 1798.81')
Surveyor:
William Castle, PLS, PE
City of Waterloo Engr. Dept.
715 Mulberry Street
Waterloo, Iowa 50703
Phone (319) 291-4312
N 000210'41" E 5079.19'
WEST LINE FRL NW 1/4, SEC 5, T89N, R13W
NW CORNER,
SEC. 5, T89N, R13W,
2" BRASS DISC IN PCC
PER DOC. #2014-11413
N 0°27'21" E 2402.87'
W 1/4 CORNER, y
SEC. 5, T89N, R13W,
2" BRASS DISC IN PCC
PER DOC. #2012-15415
I hereby certify that this surveying document was
prepared and the related survey work was performed
by me or under my direct personal supervision and that
I am a duly licensed Land Surveyor under the laws of
the State of Iowa.
William W. Castle, PLS Date
License Number 19715
My License Renewal Date is December 31, 2025.
Pages or sheets covered by this seal :
N 00°20'26" E 5083.98'
S 07°02'54" W 2712.16'
RELEASE
PARCEL
►,F„
89.16 ACRES
N 00°27'21" E
395.39'
N 00°36'49" E
702.35'
4
LEVERSEE RD
0
684'
z .�
330 660
1320
Scale: 1 inch = 660 feet
SE 1/4
SEC. 5-89-13
SE CORNER,
SEC. 5, T89N, R13W,
FD. NO.4 REBAR IN PCC
PER MISC BK 344 PAGE 129
EAST LINE SW 1/4 SEC 5, T89N, R13W
(S 07°02'11" W 1258.31')
SW 1/4
SEC. 5-89-13
RELEASE
PARCEL
(N 00°36'39" E)
N 00°36'49" E 1189.64'
SOUTH LINE SE 1/4, SEC 5, T89N, R13W
S 1/4 CORNER,
SEC. 5, T89N, R13W,
FD. NO.4 REBAR IN PCC
PER MISC BK 344 PAGE 129
WEST LINE SW 1/4, SEC 5, T89N, R13W
N 0°36'49" E 2686.48'
POB PARCEL F
(N 89°12'44" W 1535.05)
CANADIAN NATIONAL RR
f(N 0°36'39" E)
O'36'49" E 795.25'
SOUTH LINE SW 1/4, SEC 5, T89N, R13W
(S 89°23'21" E)
S 89°23'11" E 33.00'
POC PARCEL F
SW CORNER,
SEC. 5, T89N, R13W,
FD. NO.5 REBAR IN PCC
PER DOC. #2015-07526
N 88°56'17" E 2662.73'
N 88°56'27" E 2666.85'