HomeMy WebLinkAboutPRIME_RE_2,_LLC_-_Temporary_Easement_Agreement_-_5.4.2026Docusign Envelope ID: 5D1 B7EDD-4172-823F-8093-2B0752AB15D4
Prepared by Tim Andera, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703 Phone (319)
291-4366
TEMPORARY EASEMENT AGREEMENT
This Temporary Easement Agreement (the "Agreement") is entered into as of
Ma 4 , 2026 by and between the City of Waterloo, Iowa ("Grantee") and
PRIME RE 2, 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 Premises 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.
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,
Docusign Envelope ID: 5D1 B7EDD-4172-823F-8093-2B0752AB15D4
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.
PRIME RE 2, LLC
By:
rinted Name:
Title: C/, �i �rrrk-/r sNoI.
CITY OF WATERLOO, IOWA
Signed by:
By: 5autiid, bbt,StAA,
15Miltiesen, Mayor
Signed by:
Attes : K Ftictet
e9ley°RFI;hI?e, City Clerk
Docusign Envelope ID: 5D1 B7EDD-4172-823F-8093-2B0752AB15D4
Exhibit "A"
LPR3I3
PRIME RE 2 LLC
PARCEL ID: 881302277610
2039`CROSSROADS BLVD
TEMPORARY\
EASEMENT
.1565 SF
GRADING LIMITS
REMOVE AND
REPLACE RIPRAP
POWER POLE AND
GUY WIRE TO BE
REMOVED BY OTHERS
//
G% / '
PROPOSED TEMPEASEMENT /,"..
PROTECT INTAKE l„,� / f
a / j
/ '
REMOVE APRON-- /�
/,
PROPOSED STORM SEWER -
LEGEND
RIGHT-OF-WAY/PROPERTY LINES
ACQUISTION LINES
PERM. EASEMENT LINES
TEMP. EASEMENT LINES
I I PERMANENT ACQUISITION
__) PERMANENT EASEMENT
TEMPORARY EASEMENT
vtly AECOM
—REMOVE APRON
ANY PAVEMENT REMOVED
WILL BE REPLACED IN -KIND
UNLESS OTHERWISE NOTED.
PARCEL
LPR3I3
PHASE
3
01-09-26
Public Impact Diagram
PRIME RE 2 LLC
La Porte Road Reconstruction
Waterloo, Iowa 60736162