I-1 - Temporary Construction Easement Agreement

Office; Thence N00°55'43"W, 197.97 feet, to the Point of Beginning. Said Temporary Construction Easement contains 1.09 Acre, and is subject to easements and restrictions of record. (the “Real Estate”) with via legal and/or equitable title, that it is lawfully seized and possessed of said real estate, and that it has good and lawful right to agree to the provisions of this Agreement. 3. HAWK WASH shall provide the CITY with a site development plan prepared by an engineer licensed in the state of Iowa, which site development plan includes a detention basin (and associated drainage infrastructure) located within the Real Estate and is depicted on the Site Utility Plan attached as Exhibit A hereto (the “Utility Plan”). The Utility Plan shall set forth in appropriate detail the improvements to be constructed pursuant to this Temporary Construction Easement. In addition, HAWK WASH shall provide the CITY with evidence of insurance against risks arising from implementation of the improvements described within the Utility Plan, at HAWK WASH’S own cost or expense, and cause such insurance to be maintained and kept in effect at all times that any entry is made upon the CITY’S property. The insurance shall insure against claims for personal injury (including death) and property damage, under a policy or policies of general public liability insurance of not less than One Million Dollars ($1,000,000) per occurrence in respect to bodily injury (including death), and One Million Dollars ($1,000,000) per occurrence for property damage, naming the CITY as an additional insured. This insurance requirement may be satisfied by way of primary and umbrella coverage. Each policy shall provide that it cannot be canceled without thirty (30) days prior written notice to the CITY, and each policy shall be issued by a recognized responsible insurance company licensed to do business in the state of Iowa. 4. Conditioned upon compliance with the provisions of Paragraph 3, the CITY hereby grants and conveys to HAWK WASH, a temporary construction easement in, over and across all of the CITY’S property described on Paragraph 2, above, for the purpose of facilitating HAWK WASH’S preparation of the Real Estate for improvement, as well as improvement of the Real Estate, pursuant to the Utility Plan. Without limiting the foregoing, HAWK WASH is hereby granted the right to accomplish all necessary grading, excavation, piling of dirt, installation of improvements and infrastructure, regrading, restoration, storage of materials and equipment, and ingress and egress of persons and equipment to CITY’S property as described in Paragraph 2, above, as needed to complete said development and improvements. HAWK WASH shall work with CITY to determine where to deposit the dirt that is moved. 5. Without limiting the foregoing, the CITY grants the following rights: a. HAWK WASH shall have the right to improve the CITY’S property as depicted within the Utility Plan, and to make excavations upon CITY’S property described and depicted in Paragraph 2, above, as HAWK WASH may find reasonably necessary for the above-described improvements. HAWK WASH covenants and agrees to protect any excavations during construction and to promptly fill said excavations following construction.