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HomeMy WebLinkAboutSHRI_GAYATRI_MA,_Inc._-_Temporary_Easement_Agreement_-_6.15.2026Docusign Envelope ID: 0C676AAC-5407-8CF8-808C-E4E04747B93D 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 June 15 , 2026 by and between the City of Waterloo, Iowa ("Grantee") and SHRI GAYATRI MA, INC. ("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 Exhibits "A-1" and "A-2" 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 recreational trail. (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 Docusign Envelope ID: 0C676AAC-5407-8CF8-808C-E4E04747B93D 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. SHRI GAYATRI MA, INC. By: Pri ed ►° Y e: / TV Title: ogi, CITY OF WATERLOO, IOWA Signed by: By:5a vii, !bt sU t gvicdlloesen, Mayor Signed by: Atte Fddat I Ul*rFeltAfile, City Clerk Ado (C ;44T a ��� ��✓ 301- (,JinrD' i5 Ce_da,, Docusign Envelope ID: 0C676AAC-5407-8CF8-808C-E4E04747B93D Exhibit "A-1" Lf R3 G 6 SHRI GAYATRI MA INC PARCEL ID: 8813'02277025 2056 LA PORTE RD 11 LEGEND RIGHT-OF-WAY/PROPERTY LINES ACQUISTION LINES PERM. EASEMENT LINES TEMP. EASEMENT LINES PERMANENT ACQUISITION PERMANENT EASEMENT TEMPORARY EASEMENT TEMPORARY EASEMENT 1913 SF _ _ GRADING LINt1T5 / / PROTECT BUSHES t t "S PROTECT SIGN - itOt /f , .� 4 4 PROTECT SIGNS — f /► PROTECT LIGHT / . POLE \ acs / I\tb EXISTING ROW-., s rrf� J J AECOM CULVERT REMOVAL Attila PROPOSED STORM SEWER i/ ANY PAVEMENT REMOVED WILL BE REPLACED IN -KIND UNLESS OTHERWISE NOTED. PROTECT TELEPHONE PEDESTAL PROTECT ROCKS PARCEL LPR316 PHASE 3 01-09-26 Public Impact Diagram SHRI GAYATRIMA INC La Porte Road Reconstruction Waterloo, Iowa €0736162 Docusign Envelope ID: 0C676AAC-5407-8CF8-808C-E4E04747B93D Exhibit "A-2" 1 1 1 J LEGEND RIGHT-OF-WAY/PROPERTY LINES ACQUISTION LINES PERM. EASEMENT LINES TEMP. EASEMENT LINES PERMANENT ACQUISITION PERMANENT EASEMENT TEMPORARY EASEMENT %") A=COM PROPOSED STORM SEWER • ANY PAVEMENT REMOVED WILL BE REPLACED IN -KIND UNLESS OTHERWISE NOTED. PARCEL LPR317 PHASE 3 01-09-26 Public Impact Diagram SHRI GAYATRIMA INC La Porte Road Reconstruction Waterloo, Iowa 60736162