HomeMy WebLinkAboutCasey's Marketing Company - Temporary Easement Agreement - 10.06 Prepared by Tim Andera,City of Waterloo,Waterloo,IA 50703. Phone(319)291-4366
TEMPORARY EASEMENT AGREEMENT
This Temporary Easement Agreement (the "Agreement") is entered into as of
,2025 by and between Caseys Marketing Company("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$842.00,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,and remove and replace the driveway from La Porte Road
(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.
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.
4. Grantee Duties. Following completion of Grantee's work in the
Temporary Easement Premises, Grantee shall restore the Temporary Easement Premises
to its condition prior to the commencement of construction work, including but not limited
to reseeding any grassed areas disturbed by construction activities. Except as may be
caused by the negligent acts or omissions of Grantor, its employees, agents or contractors,
Grantor shall not be liable for any injury or damage to any person or property resulting
from Grantee's exercise of the rights herein granted. To the extent permitted by applicable
law, Grantee agrees to indemnify and hold Grantor, its employees, agents and contractors,
harmless against any loss,damage, injury or any claim or lawsuit for loss,damage or injury
arising out of or resulting from the negligent acts or omissions or willful misconduct of
Grantee or its employees, agents or contractors.
IN WITNESS WHEREOF,the parties have executed this Temporary Easement Agreement
by their duly authorized representatives as of the date first set forth above.
CASEYS MARKETING COMPANY CITY OF WATERLOO, IOWA
1/4/eBy: By:
Quentin M. Hart, Mayor
Title: Vie/ 16a1 6.S K
Atte
Ke ey Felchle, City Clerk i
STATE OF *kilt— )
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Pak- COUNTY )
Acknowledged before me on �1,o�fr4',W ✓/1112025, by /i ii .I-01. g4e,, as
/ ', / , i1& of Caseys Marketing Company.
�p SF DESTINY LEMPIAINEN Notary Public
Z �Commission Number 785556
M Commii$ssiion Expires
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STATE OF IOWA )
) ss.
BLACK HAWK COUNTY )
Acknowledged before me on Di v` ✓ 7, 2025, by Quentin M. Hart and
Kelley Felchle as Mayor and City Clerk, respectively, of the City of Waterloo, Iowa.
BRITNI C PERKINS
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