HomeMy WebLinkAboutHalloran Properties, LLC - Temporary Easement Agreement - 11.17.2025 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
1 ,bvem be( 17, 2025 by and between Halloran Properties, LLC ("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,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.
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.
HALLORAN PROPERTIES,LLC CITY OF WATERLOO,IOWA
By: , ! �c��-ems By: QuentUinM. artayor
Title: Du .
Attest
lley Felchle, City Clerk
STATE OF IOWA )
) ss.
BLACK HAWK COUNTY )
Acknowledged before me on 63,6R 3U , 2025, byC l44D�,�/ as
t%GUii of Halloran Properties,LL
,0°40 TIM ANDERA
$• - COMMISSION NO.772518
* " R,k MY COMMISSION EXPIRES 7
rowa APRIL 11,2027
otary is
STATE OF IOWA )
) ss.
BLACK HAWK COUNTY )
Acknowledged before me on /l/Ia zer ' 1 q , 2025, by Quentin M. Hart and
Kelley Felchle as Mayor and City Clerk, respectively, of the City of Waterloo, Iowa.
e'"s, BRITNI C PERKINS
_ „ ,;; COMMISSION NO. 845529 No blic
* IOWA owA * MY COMMISSION EXPIRES
JANUARY 27,2026
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