HomeMy WebLinkAboutLederman Bros. Prop. Mgmt Co., LLC - Temporary Easement Agreement - 4/6/2026�eyared by Tim Anders City_Waterloo 715 MulbetYy Street Waterloo, IA 50703 Phoxxe (319)
�91-4366
TEMPORARY EASEMENT AGREE1\iENT
This Temporary Easement Agreement (the "Agreement") is entered into as of
_r <.. , 2026 by and between the City of Waterloo, Iowa ("Grantee") and
Lederman Bros. Prop. Mgrnt, Co., LLC ("Grantor").
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 Pretnises is intended for use by
Grantee, its employees, contractors and agents, for Phase III reconstruction of La Porte
Road, and utility improvements, grading, seeding, and installation of sidewalk. (the
"Improvements")_ Following completion of Grantee's work in the Premises, Grantee shall
restore the Premises to its condition prior to the commencement of construction work,
including but not limited to reseeding any grassed areas disturbed by construction
activities, and Grantor shall be responsible for watering any reseeded areas. 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. The Agreement will be in place until the
acceptance of the project. The projected acceptance date is August of 2028.
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,
1
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 terra 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.
LEDERI 4N BROS. PRO '' 1GMT. CO., LLC
David Lederman,
CITY OF WATERLOO, IOWA
By:
Attest:
elley Fef', City Clerk
2
Exhibit "A"
PROTECT -
TELEPHONE
r1ANHOLE
PROPOSEJ STORM
SEWER
POWER POLE TO BE
REMOVED BY OTHERS
POWER POLE TO BE
REMOVED BY OTHERS
TRAFFIC SIGNAL
RE
EXISTING ROW
LIGHT POLE -
REMOVAL
INTAKE
REMOVAL
1
1
TELEP
R
LIGHT POLE -
REMOVAL
PEDESTAL -
AL BY OTHERS
MANHOLE -
REMOVAL
REMOVAL
j , �\a� PROPOSED PERM.
ACQUISITION
PROPOSED TEMP.
EASEMENT
PROTECT
of
SIGN
tqlv
TRAFFIC SIGNAL
REMOVAL
_ POWER POLE TO BE
REMOVED BY OTHERS
PROPOSED TEMP. EASEMENT
U 10
FFFT
LEGEND
RIGHT-OF-WAY/PROPERTY LINES
ACQUISTION LINES
PERM. EASEMENT LINES
TEMP. EASEMENT LINES
PERMANENT ACQUISIT ION
PERMANENT EASEMENT
TEMPORARY EASEMENT
PROTECT SIGNS
TEMPORARY
EASEMENT
1152 SF
i
LPR303
LEDERMAN BROS PROP MGMT CO LLC
PARCEL ID: 881302226003
1803 LA PORTE RD
PERMANENT
ACQUISITION
534 SF
J AECOM
ANY PAVEMENT REMOVED
WILL BE REPLACED IN -KIND
UNLESS OTHERWISE NOTED.
PARCEL
LPR303
FFASE
3
Public Impact Diagram
LEDERMAN BROS PROP CO
La Porte Road Reconstruction
02-11-26 waterloo, Iowa 60736162
ACQUISITION CONTRACT
Parcel No, : 881 02.226-003 - SDERMAN egos PROP MGMT CO, 1.1C
PROJECT: La Porte Road Reconstruction ProiectJHDP-8Ts5f7871-.7i•O71
VMS ACQUISITION CONTRACT (the "Contract") is made and entered into as of
2O2by and between Li;bERM N ROS PROP T CO uC ("Sailer"), and City of Waterloo,
Iowa, ("Boyce).
1. Seller agrees to sell to Buyer, and Buyer agrees to buy, the following real estate interests (the
"Property"), descfrbed as: See oriached Exhibit A. in the City of waterloo, Black Hawk County,
Iowa.
The Property also includes, if applicable, all estates, rights, title and interests, including all
easements, and all advertising devices and the right to erect such devices as ore located
Thereon.
2. Possession of the Property is the essence of this Contract, and Buyer may enter and assume full
use and enjoyment of The premises per the terms of this Contract. Seilermoy surrender possession
of the Property or any pad thereof prior to the time at which It has hereinafter agreed to do so,
and agrees to give Buyer ten (10) days notice of Seller's intention to do so by calling Buyer of (319)
291-4366.
3. The Purchase Price shall be $ 6,723,00 (See Attached Exhibit " B"). The Purchase P(ce shall be due
and payable in fulf at closing, to be delivered to the Seller upon performance of Seller's
obligations and sollsfacfion of Buyer's contingencies, if any.
4. Possession of the Properly shall be delivered to Buyer at closing, which shall occur at a mutually
agreeable date and time within sixty (60) days after the date this Contract Is approved by the
city council, but in any event after the approval of title by Buyer and sotisfaction or waiver of
contingencies, if any. No later than the closing date, Seller shall remove from the Property oil
of its personal properly, trash, and debris of any type that is not a structure or a fixture. Within
sold time Seller shall also remove all hazardous materials and/or substances from the Property
on or above the ground surface, including but not limited to barrels, cons, or bottles of any
kind, Costs incurred by Buyer to remove any items left behind by Seller shall be set off against
any expenses that Buyer agrees to reimburse to Seller under this Controcf,
S. Seller warrants that there are no tenants on the Property except;
6. This Contract shall apply to and bind the legal successors in interest of the Seller, and Seller agrees
to pay all encumbrances, claims, liens and assessments against the Property, including all foxes
and special assessments payable until surrender of possession as required by Section 427.2 of the
Coda of lowo, and agrees fo wo'rant merchantable title, Names and addresses of lienholders
ore:
fo) Biogk hav4. Counfv Iowa for taxes. fb) Unknown until completion gf abstract
c17n nualjon or Ilan search
7. Buyer may include morfaogees, tenhoiders, encumbrances and foxing authorities os payees on
warrants as contract payment, Setter will furnish and deliver to Buyer en abstract of title,
continued by The Buyer, to o dote within thirty (30) days before the easing date, showing
merchantable title to the Properly in Seller in conformity with this Contract, Iowa law, and title
sfandords of the lowo Slate Bor Association. Buyeragrees to pay costs of abstract continuation,
or creation. as necessary. Buyer agrees fo obtain court approval of this Contract, f requested by
the 9uyer, if title io the Property becomes an asset of any estate, trust, conservatorship or
guardionship. Seller agrees fo pay court approval Basis and all other costs necessary to transfer
the Property to the Buyer. Seller shall convey the Property to Buyer by warranty deed, free and
clear of all liens, restrictions, and encumbrances except as provided in this Controcl.
8. If the Seller holds trite to the Property in joint tenancy with full rights of survivorship and not as
tenants in common of the time of this Contract, Buyer will pay any remaining proceeds to the
survivor of that joint tenancy and will accept title solely from that survivor, provided the joint
tenancy has not been destroyed by operation of tow or axis of the Seller.
9. Seller agrees to keep property hazard insurance coverage in force in a minimum amount actual
to the Purchase Price, payable to oil parties as they Interests may appear, from the date of this
Contract until delivery of the deed and possession, Buyer shalt notify all insurance companies of
this Contract, In case of loss or destruction of part or olt of the Property from causes covered by
the insurance, Seller agrees to accept the lump sum payment and to endorse the proceeds of
any such insurance recovery to the Buyer. Setter hereby ossigns the proceeds of any such
insurance recovery to the Buyer, and Seller hereby assigns to Buyer any and all of Seller's rights
under such insurance controct,
10. the Seller has agreed to sell the Property to the Buyer. Seller acknowledges if it fails to complete
its duties of performance under this Contract, Buyer may exercise Its power of eminent domain
to coquina the Property, provided that the Properly is deemed essential by the City Council to
keep the project moving forward, or Buyer may exercise other remedies avoilab',e under
applicable law. Buyer agrees to cooperate with Seller, at Seller's request and at no additional
cost to Buyer, to hove this transaction qualify as on involuntary conversion pursuant to § 1033 of
the Internal Revenue Code.
11, This Contract shall become effective only upon the occurrence of each of The following two
events: (o) acceptance and opprovol of the Contract by the City Council of the City of
Waterloo, and if deemed necessary (b) the environmental cteorance of the Property in
accordance with Phose I site assessment and recommended subsequent activities. Within 30
days offer Setter's execution of this Contract, Seller shall disclose to Buyer all contamination of the
Property by hozardous wastes and/or substances of which Seller has knowledge.
12. This Contract, togetherwith the exhibits and attachments attached hereto, constitutes the entire
agreement between Buyer and Seller, and there is no agreement to do or not to do any act or
dead except as specifically provided herein, This Contract may be modified ony in o writing
signed by both parties. Time is of the essence of this Contract,
FORE, the parties ha - en ered this Acquisition Conlroct as of the date first set forth above,
LEDERMAN BROS P 0 MGM CO, LLC
SELLER'S ACKNWJ�ED ME NT_ (� /� J / f
STATE OF r/'� i�1 4eK /"fdL �')k OuNTY, sa;
Acknnledged befae me on AhrViltey /6/ g° WPI, by
as pietiii.00l" of LEDERMAN BROS PROP MGMT CO, LLC
Ati1/4
'"�� IRA FRATRIK
OOMMISSIQN NO.822S60
MYCOM ssio EXPIRES
IOWA .11^ ��
2/./ZrsZAk
:g aff (Date)
APPROVED BY- ATTE
(Mayor)
DATE APPROVED; V -- 1t 2-DZ(,
(City,
BUYER'S ACKNOWLEDGMENT:
STATE OF IOWA, BLACK HAWKCOUNTY, as:
Acknowledged before me on t20 Vby David Boesen and Kelley Fetchle os
Mayor and City Clerk, respectively, of the City of Waterloo, Iowa.
Notary Pub J
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INDEX LEGEND
Exhibit "A"
LOCATION:
REQUESTOR:
CITY OF WATERLOO, IOWA
PROPRIETOR:
LEDERMAN BROS PROP MGMT CO LLC
SURVEYOR:
MICHAEL R. FAGLE
SURVEY PREPARED BY:
RESPOND TO:
AECOM
501 SYCAMORE STREET, SUITE 222
WATERLOO, IOWA 50703
PHONE 319-232-6531
MIKE.FAGLE@AECOM.COM
RIGHT-OF-WAY ACQUISITION PLAT
LA PORTE ROAD RECONSTRUCTION PROJECT HDP-8155(783)--71-07
WATERLOO, IOWA
OWNER: LEDERMAN BROS PROP MGMT CO LLC COUNTY PARCEL: 881302226003
1803 LA PORTE RD
WATERLOO, IA 50702 PROJECT PARCEL : 303
GARDEN PLACE
LOT 38
S89°41'00"E
11.00'
e�
FND. 5/8" REBAR
S18°33'17"E
s�— 54.13'
P.O.B. N'ly Line Lot 2
Curve 2 Curve 2-
R= 750.30'
L= 32.11' ACQUISITION
LC= N20°40'27"W 32.11'
Curve 1
Curve 1 PROJECT PARCEL
R= 750.30' S59°46'50"W 303
L= 27.33' 8.43'
LC= N20°35'17"W 27.33'
AQUISITION
CONTAINS 534 SF
SW'ly Line Lot 2, also
being the Present
'y NE'ly R-O-W Line
La Porte Road
tA"` LOT 2
-P MINARD'S PLAT NO. 1
o
9Q
FND, 1" PIPE
Revised 02/05/2026
`"•t,AN O ""'•
a'`•E�•.•"'•Sy'"'
— N1cxaet a. ': 0
I hereby certify that this Lane Surveying
document was prepared by me or under
my direct personal supentision and
that lam a duly Licensed Land Surveyor
under the laws of he State of Iowa.
02/09/2026
LEGEND:
• = PARCEL OR LOT CORNER MONUMENT FOUND
0 = SET 1/2"x24" REBAR w/YELLOW PLASTIC
ID CAP #8505
8505 -
., _'
low A "
"°"'
MICHAEL R. EAGLE Dee
u 8505
tense number2d e
My license renewal date is December 31,
Pages or sheets covered by this seal:
SHEET 1 OF 2 & SHEET 2 OF 2
M = MEASURED DIMENSION
R = RECORD DIMENSION
SCALE IN FEET
0 40 80
REFERENCED DOCUMENT
tom 2018-015760
SHEET 1 OF 2
Exhibit "A" continued
RIGHT-OF-WAY ACQUISITION PLAT
LA PORTE ROAD RECONSTRUCTION PROJECT HDP-8155(783)--71-07
WATERLOO, IOWA
OWNER: LEDERMAN BROS PROP MGMT CO LLC COUNTY PARCEL: 881302226003
1803 LA PORTE RD PROJECT PARCEL : 303
WATERLOO, IA 50702
Description: Acquisition Project Parcel 303
Part of Lot 2 of Minard's Plat No. 1, City of Waterloo, County of Black Hawk, State of Iowa,
described as follows.
Beginning at the northwesterly corner of said Lot 2; thence South 89°41'00" East (assumed
bearing for the purpose of this description) along the northerly line of said Lot 2, a distance of
11.00 feet; thence South 18°33'17" East, 54.13 feet; thence South 59°46'50" West, 8.43 feet to
the southwesterly line of said Lot 2, also being the present northeasterly right-of-way line of La
Porte Road; thence northwesterly 27.33 feet (arc length) along the southwesterly line of said Lot
2, also being the present northeasterly right-of-way line of La Porte Road, being a 750.30-foot
radius curve concave northeasterly and having a 27.33-foot long chord bearing North 20°35'17"
West; thence continuing northwesterly 32.11 feet (arc length) along the southwesterly line of
said Lot 2, also being the present northeasterly right-of-way line of La Porte Road, being a
750.30-foot radius curve concave northeasterly and having a 32.11-foot long chord bearing
North 20°40'27" West to the Point of Beginning.
Containing 534 Square Feet.
A=COM
Revised 02/05/2026
SHEET 2 OF 2
Fee title acquisition
TOTAL
EXHIBIT "B"
Square Feet I'r g
534 $6,723.O0
$6,723.oO