HomeMy WebLinkAboutBW Gas & Convenience RD "Yesway" - Encroachment Agmnt-3/13/2017Prepared by: Aric Schroeder, 715 Mulberry Street, Waterloo, Iowa 50703 (319) 291-4366
ENCROACHMENT AGREEMENT
THIS ENCROACHMENT AGREEMENT is entered into by and between BW Gas &
Convenience Real Estate, LLC, hereinafter "Yesway", and the City of Waterloo, Iowa,
hereinafter "City" this l3 day of (Aura% , 2017.
WHEREAS, Yesway is the owner of real estate commonly known as 1976 Franklin Street,
Waterloo, Iowa 50703 and legally described as hereinafter "Yesway Property"; and
WHEREAS, Yesway has an existing pole sign and is proposing to replace a 10'X 4' sign
cabinet on an existing 20' pole, hereinafter "Pole Sign" that encroaches 5.14 feet into City of
Waterloo right of way, hereinafter "Right -of -Way"; and
WHEREAS, Yesway is requesting to allow said Pole Sign within a portion of said Right -of -Way
as shown on the attached Exhibit "A" hereinafter "Encroachment Area"; and
WHEREAS, the City is willing to allow said Pole Sign to encroach into said Encroachment
Area as shown on attached Exhibit "A", subject to the following agreement regarding each
party's rights.
1. Yesway hereby recognizes and reaffirms, said Right of Way.
2. The City grants Yesway the right to place and maintain said Pole Sign in said Right -
of -Way as shown on attached Exhibit "A", 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 Right -of -Way,
expressly recognizing and acknowledging that any damage that occurs to said Pole
Sign will be the sole risk and expense of Yesway 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 said Pole Sign to be
temporarily moved for access to said Right -of -Way, Yesway shall move said Pole
Sign 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 Pole Sign and assess any costs for removal against Yesway.
3. The term of this agreement shall be for so long as said Pole Sign is maintained by
Yesway, and said Pole Sign continues to exist, and that this agreement shall
automatically terminate if said Pole Sign is removed (other than for temporary
removal during replacement or repair). It is understood and agreed that this
Agreement is appurtenant to the real estate 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 Yesway and that
Yesway agree to remove said Pole Sign prior to the end of the 60 days notice and
termination of this agreement. If Yesway fail to remove said Pole Sign upon
termination of this agreement Yesway authorize the City of Waterloo to remove
said Pole Sign and assess costs to Yesway, or against Yesway Property.
4. Yesway shall protect, defend, indemnify, and hold harmless the City and its
successors and assigns and their officers, elected officials, employees, and agents,
and any agency to which the City has granted a utility franchise or Right -of -Way
I
License Agreement from any claim, damages, liability and expenses (including, but
not limited to, reasonable attorney's fees and costs of litigation) of any type or
nature whatsoever arising out of the use, maintenance, or removal of said
Encroachment, including any damage to said Right -of -Way or said Encroachment.
This covenant shall survive the termination of this Agreement.
5. This is the entire agreement between the parties with respect to subject matter
hereof. It may be amended only in a written instrument signed by the parties. This
agreement is binding upon the 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 offices as of the date first set forth above.
BW Gas & Convince & Convenience Real Estate, LLC
Dennis Darveau
Vice President BW Gas & Convenience
Real Estate, LLC
Attest:
Kelly Felchle, 1 t ` lerk
City of Waterloo
By: Quentin Hart
Its: Mayor
STATE OF VCC)
COUNTY °TIN -1, 0 c Q ) SS.
On this ,21114 day of fthurz , 2017 before me, the undersigned, a Notary Public in and
for the State of y22 , personally appeared Dennis Darveau 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 voluntary act and deed.
STATE OF IOWA
COUNTY OF BLACK HAWK ) SS.
This instrument was acknowledged before me on this day of , 2017 by
Quentin Hart and Kelly Felchle as Mayor and City Clerk, respectively, of the City of Waterloo.
MICHELLE M. WESTPHAL
COMO O. 1PIRES
Notary Public