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HomeMy WebLinkAboutMcDonalds - License Agreement for Site Inspection - 5.18.2026Docusign Envelope ID: 4424E839-B3C5-87D6-8168-57EAB6490C3F CITY, STATE: Waterloo, IA PARECL: 891326202015, 891326202002, 891326202020,891326202019 L/C: 140418 LICENSE AGREEMENT FOR SITE INSPECTION 1. GRANT. By entering into this agreement ("Agreement"), the undersigned ("Owner") grants to McDONALD'S USA, LLC, a Delaware limited liability company, its subsidiaries, affiliates, agents, contractors and employees ("McDonald's") a license to enter upon the property described or depicted on Exhibit A attached ("Property") for the purpose of conducting surveys, tests, borings, inspections and analyses ("Site Inspection") of the Property as McDonald's may deem necessary or desirable in its reasonable discretion. McDonald's will conduct any such Site Inspection at McDonald's sole cost and expense. This Agreement will commence upon the execution and expire at 12:00 midnight on 2. INDEMNITY. McDonald's agrees to indemnify, defend and hold Owner harmless from and against any and all direct losses, damages, causes of action, claims, liabilities, cost and expenses (including reasonable attorneys' fees and court costs) ("Claims"), suffered or incurred by Owner as a result of the entry upon the Property or the performance of the Site Inspection by McDonald's, its agents, contractors, employees and licensees, including, without limitation, those Claims arising from mechanics' liens, injury to persons or damage to the Property, including improvements located on the Property. The foregoing will not include, however, any Claim arising out of or in any way related to contaminated media, soil, asbestos or other environmental conditions or hazards encountered on the Property. 3. RESTORATION. In the event that the Site Inspection disturbs any portion of the Property, McDonald's agrees to restore the Property and improvements located on the Property to substantially the same condition. Owner will retain ownership of all soil cuttings and materials removed from the Property in connection with the Site Inspection. 4. SUCCESSORS AND ASSIGNS. This Agreement is binding upon and will inure to the benefit of the heirs, successors and assigns of the parties. 5. AUTHORITY. The Owner warrants to McDonald's that it is the fee owner of the Property and has the full power, right and authority to enter into this Agreement. 6. COUNTERPARTS; ELECTRONIC SIGNATURES. This Agreement may be executed and delivered in any number of counterparts, each of which so executed and delivered will be deemed to be an original and all of which together shall constitute one and the same instrument. The exchange of executed counterparts of this Agreement or of signature pages by electronic transmission shall constitute effective execution and delivery of this Agreement and may be used in lieu of the original for all purposes. This Agreement may be executed through the use of electronic signature, which each party acknowledges is a lawful means of obtaining signatures in the United States. Each party agrees that its electronic signature on this Agreement is the legal equivalent of its manual signature on this Agreement. Each party further agrees that its use of a key pad, mouse or other device to select an item, button, icon or similar act/action to electronically sign this Agreement constitutes its signature ("E-Signature") of this Agreement as if actually signed by such party in writing. Each party also agrees that no certification authority or other third party verification is necessary to validate its E-Signature and that the lack of such certification or third party verification will not in any way affect the enforceability of its E-Signature on this Agreement. [Signatures Follow] License Agreement for Site Inspection Docusign Envelope ID: 4424E839-B3C5-87D6-8168-57EAB6490C3F Executed this 18th day of May , 2026 . OWNER: City of Waterloo Signed by: f6tSun,By'[ML «s�o7a O ra3a.. McDONALD'S: McDONALD'S USA, LLC, a Delaware limited liability company By: Name: David Boesen Name: Its: Mayor Its: Docusign Envelope ID: 4424E839-B3C5-87D6-8168-57EAB6490C3F Letter of Intent m Exhibit A "Premises" 7mn Mcnnnalrl's I ISA I I r. All rinhic recervPrl Mcnnnalrt'c is a renictered trademark of McDonald's Corporation. Page 3 of 3