HomeMy WebLinkAboutKhairallah - Temporary Easement Agreement - 8.18.2025 Prepared by Tim Andera.City of Waterloo.Waterloo.IA 50703. Phone(3191291-4366
TEMPORARY EASEMENT AGREEMENT
This Temporary Easement Agreement (the "Agreement") is entered into as of
Pk�A.• US-1- 1 S , 2025 by and between John P. Khairallah ("Grantor'). and the City of
Waterloo, Iowa("Grantee").
1. Grant of Temporary Easement. In consideration of the mutual promises
and covenants contained herein, and for other good and valuable consideration in the
amount of $2.867.00. 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.
2. Purpose. The Temporary Easement Premises is intended for use by
Grantee, its employees, contractors and agents, to reconstruct La Porte Road, utility
improvements, grading, seeding, etc. (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. Use of the Temporary Easement Premises shall
be limited by not allowing equipment upon the Portland Cement Concrete (PCC) parking
lot. Grading and seeding can occur up to the edge the PCC parking lot.
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.
JOHN P. KHAIRALLA CITY OF WATERLOO,IOWA
By: By:
` Quentin M. Hart, Mayor
Title: .i �; ,-4--
Atte
Kelle F Ich e, ity Clerk
STATE OF I
) ss.
.k COUNTY )
Acknowledged before me on 3 I , 2025, by \ovw 1C h c r l 1 uh. as
of John P. Khairallah.
DEANNA M.POST
tCommission Number 703099
My Commission ExpiresLe_CU Pelt
Notary Public
STATE OF IOWA )
)ss.
BLACK HAWK COUNTY )
Acknowledged before me orL �; -� 2025, by Quentin M. Hart and
KelleyFelchle as Mayor and CityClerk,4es ectivel of the Cityof Waterloo, Iowa.
Y P Y�
,P'p''" .P BRITNI C PERKINS
COMMISSION NO.845529
* * MY COMMISSION EXPIRES Publi
IOWA JANUARY 27,2026
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