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Home My WebLink AboutRESOLUTION NO. 2023-28RESOLUTION NO. 2023-28 RESOLUTION APPROVING THE PRIVATE WATER MAIN FACILITIES AGREEMENT FOR THE PROPOSED SITE IMPROVEMENTS FOR LOT 1 BUSHMAN FIRST ADDITION TO THE CITY OF FAIRFAX, LINN COUNTY, IOWA WHEREAS, a Private Water Main Facilities Agreement for the proposed site improvements of a truck repair and contractor storage building with related site improvements, all located on Lot 1, Bushman First Addition to the City of Fairfax, Linn County, Iowa has been submitted to the City of Fairfax by Dan Bushman; and WHEREAS, Hall and Hall Engineers, Inc. has reviewed said Private Water Main Facilities Agreement for the proposed site improvements of a truck repair and contractor storage building with related site improvements on said on Lot l, Bushman First Addition and recommends that the City Council approves said Private Water Main Facilities Agreement for the proposed site improvements of a truck repair and contractor storage building with related site improvements, all located on Lot 1, Bushman First Addition to the City of Fairfax, Linn County, Iowa. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Fairfax, Iowa, that the Private Water Main Facilities Agreement for the proposed site improvements of a truck repair and contractor storage building with related site improvements, all located on Lot l, Bushman First Addition to the City of Fairfax, Linn County, Iowa, are hereby acknowledged and approved on the part of the City of Fairfax, Linn County, Iowa. BE IT FURTHER RESOLVED, by the City Council of Fairfax, Iowa, that the Mayor Pro Tempore and the City Clerk/Treasurer are hereby authorized and directed to execute said Resolution. Passed and approved this 21 St day of March, 2023. AYES: Nurre, Daly, Pacha, Volk, and Wainwright NAYS: None V� � Marianne Wainwr' t, Mayor Pro Tempore ATTEST: � C thia Stimson, City Clerk/Treasurer PRIVATE WATER MAIN FACILITIES AGREEMENT (CITY RESOLUTION NO. 2023- e51� ) This Private Water Main Facilities Agreement (this "Agreement") is entered into this � day of _ ^;.�� , 2023 by and between the undersigned property owner (hereinafter referred to as the OWNER) and the City of Fairfax, Linn County, lowa (hereinafter referred to as the CITY). RECITALS The OWNER is owner of the following described property: Lot'1', Bushman First Addition to the City of Fairfax, Linn County, lowa The OWNER currently has one existing building located on said Lot 1, Busman First Addition, and is proposing to construct one new building on the property at this time (the entire property is approximately 33.45 ACRES). Both the existing and proposed buildings on this property are planned to be connected to the CITY's public water main system (which is located within the public right-of-way of Fairfax Road) by a private water main (which is located along the north property line of this site, and individual private water services to each building. The OWNER has prepared a site development plan (hereinafter referred to as the SITF PLAN) for the proposed building and related site improvements. This entire property is zoned Light Industrial (M1), and the proposed building and related site improvements are for a truck repair business. Said Improvements on this property shall consist of private water main facilities (which will serve both buildings) and private sanitary sewer facilities (which will serve the proposed building), as well as private storm sewer facilities and private storm water management facilities. NOW BE IT RESOLVED, the DEVELOPER and the CITY hereby agree as follows: 1. The CITY shall not own any water main facilities located on this property (see approved SITE PLAN). 2. All of the water main facilities located on this SITE PLAN shall be private water main facilities. These private water main facilities shall include the portion of the 8-inch diameter water main tt�at extends into the Fairfax Road right-of-way to the 8-inch gate valve located just east of the CITY's 12-inch diameter water main. The CITY shall own and maintain this 8-inch gate valve. (see the APPROVED SITE PLAN). 3. The OWNER shall be fully responsible for maintaining, repairing, and/or replacing the private water main facilities located on and immediately adjacent to this site. 4. Prior to the installation of the private water main on this SITE, the CITY shall require 24 hours notification before the OWNER connects to CITY's water main facilities. After the private water main facilities on this SITE have been installed, the CITY shall require the OWNER to complete pressure testing per SUDAS (under City Staff's observation), and to submit to the CITY two (2) test results with negative bacteria samples for this new water main. Prior to connecting the existing building located on this SITE to the private water main, and ultimately the CITY's public water main system, the OWNER shall disconnect the existing well from the existing building. This work shall be observed by the CITY's Utility Staff, and approved by them prior to connecting the proposed 1" dia. water service to the existing building. Once disconnected from the bui�ding, the owner may still use and maintain this well for exterior use. Cross connection between a private well and the City's potable water system shall not be allowed for any reason. The CITY shall require 24 hours notification before any taps, repairs or reconstruction of the private water main facilities on this SITE. After the private water main facilities on this SITE have been repaired or reconstructed, the CITY shall require the OWNER to submit to the CITY two (2) test results with negative bacteria samples from the section(s) of water main that have been repaired or replaced. The CITY shall also be required to sign off on the completion of all repairs or reconstruction of the private water main facilities located on this site to ensure the water quality to the CITY's public water supply system. The OWNER agrees to protect, defend, and hold the CITY harmless from any and all damages or claims for damages that might arise or accrue as a result of the OWNER's failure to properly maintain said private water main facilities and the private fire hydrant. The fire hydrant shall be privately owned, maintained, repaired, and replaced by the OWNER. The fire hydrant shall only be used for fire protection, routine flushing, and exercising of the hydrant. The OWNER agrees to allow the CITY to access the SITE at least one time per year (more if necessary) for the purpose of flushing and exercising the private fire hydrant, and exercising the private gate valves located on this SITE. a. The CITY shall not charge the OWNER a fee for exercising and/or flushing the private fire hydrant and private gate valves located on this site. b. The OWNER agrees to protect, defend, and hold the CITY harmless from any and all damages or claims for damages that might arise or accrue as a result of the CITY exercising and/or flushing the private fire hydrants and private gate valves on this SITE. 10. The OWNER shall allow the CITY, or representatives of the CITY to access this SITE at any time necessary to provide fire protection and to shut-off and/or turn on the water service curb stops. 11. The OWNER agrees to not supply water to anyone, including the OWNER, from the water main facilities located outside of the buildings on this SITE, without first coordinating with, and obtaining written permission (including by email) from the CITY. The CITY shall install a hydrant lock on the fire hydrant to prevent unauthorized use of this hydrant. 12. The water main to this fire hydrant does not have a water meter, or the proper equipment for private use of this fire hydrant. Unless prior written approval from the City is obtained, any use of this fire hydrant other than by the CITY and / or for fire protection of the adjacent buildings and facilities shall be considered illegal use and prosecuted to the fullest extent of the law. Any illegal use of this fire hydrant may trigger the installation of a water meter and any necessary improvements to the private water main system necessary for the private use of this fire hydrant. These improvements shall be completed at the OWNER's expense. 13. All water service lines entering each building shall have the correct size meter for the size of the water service line. The CITY shall provide a 5/8" meter for each account at no charge to the OWNER. The OWNER shall pay the CITY for up charges for all larger meters. All water meters shall be owned by the CITY. The OWNER, or their tenants, shall set up a new water service account with the CITY for each water service / meter. 14. The OWNER agrees to indemnify and hold harmless the CITY for damages or claims for damages that may arise or accrue as a result of CITY Council's approval of this Agreement. 15. This Agreement shall be binding upon the parties hereto and their heirs, successors, and assigns, and the sale by the OWNER of all or any portion of this property, shall transfer obligations of the OWNER to the successor in interest. 16. If enforcement of this agreement goes to court, the prevailing party may recover attorney's fees from the other party. .�.� Dated: _ 'j —��j , 2023 The Daniel S. Bush n Revoc e Trust U/D/O August 2, 2012 � � `'""� _ � � �, __ aniel S. Bush n, rustee STATE OF IOWA, COUNTY OF LINN) This instrument was acl<nowledged before me on this � day of ��f�jL(�/� , 2023 by Daniel S. Bushman, Trustee, The Daniel S. Bushman Revocable Trust U/D/0 August 2, 2012. ,.�� ^� s,� CYN7HIA K> S7'IMSOtd i' . r Commission Number 12�033 �ow► ° My Commi� Expires Aprit t3. 2025 f � Not y Public in and for the State of lowa Dated: �-�c� `-i , 2023 CITY OF FAIRFAX, IOWA / Marianne Wai right, Mayor Pro Tempore STATE OF IOWA, COUNTY OF LINN) ,r%�- � This instrument was acl<nowledged before me on this�`C day of Ct/L��--_ , 2023 by Marianne Wainwright, Mayor Pro Tempore of the City of Fairfax, lowa. � �. Not ry Public in and for the State of lowa �,pP�^� SF CYNTMIA iC. STIMSON �� f Commission Number t 28033 My Commission Expires � '�WP April 13, 2025