HomeMy WebLinkAboutFriends of Faith/Friendship Village - encroachment agmnt-7/11/20161/
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Prepared by: At Schroeder. 715 Mulberry Street, Waterloo. Iowa 50703 (319) 29 1 -4366
EN'CROACI IMEN'f AGREEMENT
THIS ENCROACHMENT AGREEMENT is entered into by and between Friends of
Faith/Friendship Village (hereinafter "Applicant"), and the City of Waterloo. Iowa (hereinafter
.'City") this _LI day of May, 2016.
WHEREAS, Applicant is the owner of real estate commonly known as 312 Southbrooke Drive,
Waterloo, Iowa 50702 and legally described as the Southbrooke Second Addition A replat of Trac(
P Southbrooke Lot 4, Lot 6. Lot 7 and I.ot 8, City of Waterloo, Black Iinwk County. Iowa
ALSO Southbrooke Second Addition A Replal ofllact P Southbrooke lot 5 City or Waterloo,
131ack Hawk County, Iowa (hereinafter "Applicant Property"); and
W1-1 1rnEA 5, Applicant is proposing to build and maintain a sign (hereinafter the
-Encroachment") that will encroach into a public road right-of-way of Southbrooke Drive
(hereinafter -Road"). said sign being 0 maximum or 27 Inches by 47 inches in size with two posts
with into the ground; and
WI IVREAS, Ibr the benefit of the Applicant Property and its owner(s), Applicant is requesting to
allow the Encroachment within 0 portion of said Road as shown nn attached Exhibit "A" (hereinafter
the "kncroachment Arca"); and
WHEREAS, the City is willing to allow the Encroachment to encroach into said Encroachment
Arca as shown on attached Exhibit "A", subject to the Ibl lowing agreement regarding each party's
rights.
THEREFORE IT IS I-IEREHY AGREED by and between the parties as Ibllows:
I. Applicant hereby recognizes and reaffirms said Road.
2. "I'he City grants Applicant the right to place and maintain the Encroachment in and
upon the Encroachment Area ol'said Road as shown on attached Exhibit "A", subject to
the rights o r the City and/or any agency to which the City has granted a utility franchise
or right-of-way License Agreement to and lily access over, under and upon said
Easement, expressly recognizing and acknowledging that any damage that occurs to the
Encroachment will he the sole risk and expense of Applicant, including removing or
replacement expenses, In the event that the City and/or any agency to which the Cil)'
has granted 0 utility franchise or right-of-way License Agreement needs the
Encroachment to he temporarily removed for access to said Eneroachmenl Arca.
Applicant shall remove the Encroachment i( present and able, otherwise the City and/or
any agency to which the City has granted a utility franchise or right-of-way License
Agreement shall be authorized to remove the Encroachment and assess any costs for
removing came against Applicant or against Applicant Property.
•
3. The to nn of this agreement shall he for so long as said 1 ncroachment;is maintained by
Applicant and continues to cxisI, and that this agreement shall automatically to inmate
if said Encroachment is removed (other than for temporary removal during
replacement or repair). The parties agree that this agreement is appurtenant to the
Applicant Properly and runs with the land. It is further understood and agreed that this
agreement may he terminated by the City of Waterloo upon 60 days advance written
notice and older to permanently remove to Applicant, or any transferees, successors
and assigns- Irresponsible parties Bail to remove said encroachment upon termination
•
Tf PFANY MO:>._S
•I COMMISBIOEI No, 781518
o MY C M4rt133 ON. XPIRE8
of this agreement, the City of Waterloo is hereby authorized to remove said
Encroachment and assess costs to Applicant or against Applicant Property.
4. Applicant shall protect, defend, indemnify, and hold harmless the City and its
successors and assigns, and their officers, elected officials, employees, and agents. and
any agency to which the City has granted a utility franchise or right-of-way License
Agreement, from and against any claim, damages, liability and expenses (including,
but not limited to, reasonable attorneys fees and costs of litigation) of any type or
nature whatsoever arising out of the use, maintenance or removal of said
Encroachment, including but not limited to any damage to said Encroachment. This
covenant shall survive the termination of this Agreement.
5. This is the entire agreement between the parties with respect to the subject matter
hereof. It may he amended only in a written instrument signed by the parties. This
agreement is binding upon the parties and their respective transferees, successors, heirs
and assigns. Time is of the essence in observing the terms of this agreement.
IN WITNESS WHEREOF, the parties have executed this Encroachment Agreement by their
duly authorized officers as of the date first set forth above.
FRIENDS OF FAITH CITY OF WATERLOO, IOWA
By: -4 47 By:
Lisa Gates, President/CEO Quentin Hart, Mayor
Attest:
Suzy Sch res, City Clerk
STATE OF IOWA )
COUNTY OF BLACK HAWK ) SS.
This instrument was acknowledged before me on this /7 day of May, 2016, by Lisa Gates, as
President/CEO of Friends of Faith/ Friendship Village,
STATE OF IOWA
COUNTY OF BLACK I•IAWK ) SS.
U:CA4.4A-1 MU -2,.t...
"l
Notarylic
This instrument was acknowledged before me on this . day off 2Jp016, by Quentin Hart
and Suzy Schares as Mayor and City Clerk, respectively, ol'the City of Waterloo.
w* -
NANCY HIGBY
COMMISSION NOJ88229
MY 9f1SISS10N IRES
Notary Public
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