HomeMy WebLinkAboutMartin Flats, LLC - Encroachment Agreement - 4.20.2026 (2) ENCROACHMENT AGREEMENT
Prepared by: Adarsh Tummala, 715 Mulberry Street, Waterloo, Iowa 50703 (319) 291-4366
THIS ENCROACHMENT AGREEMENT is entered into by and between Martin Flats, LLC
(hereinafter"Owner") and the City of Waterloo, Iowa, (hereinafter"City")this 20th day of
April, 2026.
WHEREAS, Owner is the owner of real estate commonly known as 319-321 E 4th Street,
Waterloo, Iowa 50701 and legally described as: The Southwesterly 40 feet of the Southeasterly
95 feet of Lot 4, Block 29, Original Plat, on the East Side of the Cedar River, in the City of
Waterloo, Black Hawk County, Iowa(hereinafter"Owner's Property"), in the City of Waterloo,
Black Hawk County, Iowa; and
WHEREAS, Owner is requesting to allow four bicycle racks (hereinafter the
"Encroachment") on a portion of City owned right-of-way (hereinafter"Right-of-Way"); and
WHEREAS, for the benefit of Owner's Property, Owner is requesting to allow said
Encroachment within a portion of said Right-of-Way as shown on the attached Exhibit"A"; and
WHEREAS, the City is willing to allow said Encroachment into said Right-of-Way as shown
on the attached Exhibit"A" (hereinafter the "Encroachment Area"), subject to the following
agreement regarding each party's rights.
THEREFOR IT IS HEARBY AGREED by and between the parties as follows.
1. Owner hereby recognizes and reaffirms, said Right-of-Way, and claims no rights or
privileges therein except to the limited extent provided for in this agreement.
2. The City grants Owner the right to place and maintain said Encroachment in said
Encroachment Area, subject to the rights of the City and/or any agency to which the
City has granted a utility franchise or right-of-way License Agreement to and for
access over, under and upon said Encroachment Area, expressly recognizing and
acknowledging that any damage that occurs to said Encroachment will be the sole
risk and expense of Owner and all successors or assigns, including moving or
replacement expenses. In the event that the City and/or any agency to which the
City has granted a utility franchise or right-of-way License Agreement needs the
Encroachment to be temporarily moved for access to said Encroachment Area,
Owner and all successors or assign shall move said improvements in the
Encroachment Area if present and able, otherwise the City of Waterloo and/or any
agency to which the City has granted a utility franchise or right-of-way License
Agreement shall be authorized to move said Encroachment and assess any costs for
moving against Owner or any successors or assigns, or against Owner's Property.
3. The term of this agreement shall be for so long as said Encroachment is maintained
by Owner, or any successors or assigns, and said Encroachment continues to exist,
and that this agreement shall automatically terminate if said Encroachment is
removed (other than for temporary removal during replacement or repair). It is
understood and agreed that this Agreement is appurtenant to the Owner's Property
and runs with the land. It is further understood and agreed that this agreement may
be terminated by the City of Waterloo upon 60 days notice and order to
permanently remove to Owner, or any successors and assigns, and that Owner, and
any successors and assigns agree to remove said Encroachment(s) prior to the end
of the 60 days notice and termination of this agreement. If Owner, or any
successors and assigns fail to remove said Encroachment upon termination of this
agreement, Owner, or any successors and assigns authorize the City of Waterloo to
remove said Encroachment and assess costs to Owner, or any successors and
assigns, or against Owner's Property.
4. Owner, and all successors and assigns shall protect, defend, indemnify, and hold
harmless the City and its successors and assigns, and its 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 attorney's fees and
costs of litigation) arising out of the use, maintenance, or removal of said
Encroachment. This covenant shall survive the termination of this Agreement.
5. In the event that sidewalk panels within or adjacent to the permitted encroachment
area are scheduled for repair or replacement under the City's sidewalk assessment
program, the Owner shall be responsible for removing the bike racks prior to the
commencement of such work, unless the Owner elects to hire their own licensed
contractor to perform the sidewalk repair or replacement in accordance with City
specifications and standards.
6. This is the entire agreement between the parties with respect to the subject matter
hereof. It may be amended only in a written instrument signed by the parties. This
agreement is binding upon 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 above.
Martin Flats,
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Cierra Newman, Owner and President
City of Waterloo
444.11e
By: avid Boesen
Its: Mayor
Attest:
Kelley F c e, City Clerk
STATE OF IOWA )
COUNTY OF BLACK HAWK ) SS.
On this ke day of Vy , 202(o before me,the undersigned, a Notary Public in
and for the State of Iowa, personally appeared Cierra Newman to me known to be the identical
persons named herein and who executed the foregoing instrument and acknowledged that they
executed the same as their volunt. act and deed.
4" '; JANE MESSII.CHAM Nl
• COMMISSION NO.745151 ---\3-KA-
• My F• I Siov A IRES Notary Public
STATE OF IOWA )
COUNTY OF BLACK HAWK ) SS.
This instrument was acknowledged before me on this (# day ofJ U y, Ze 24g, by David
Boesen and Kelley Felchle as Mayor and City Clerk, respectively, of the City of Waterloo.
Notary P c
'ICYANNE HIGBY
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Exhibit A
PEDESTRIAN ALLEY TO RAMP 319 - 321 E 4th building facade
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