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Home My WebLink AboutRESOLUTION NO. 2022-71RESOLUTION NO. 2022-71 RESOLUTION APPROVING THE PRIVATE WATER MAIN FACILITIES & WATER MAIN FACILITIES EASEMENT AGREEMENT FOR THE REGEN DEVELOPMENT BY LOGISTICS PARK CEDAR RAPIDS, LLC IN THE CITY OF FAIRFAX, LINN COUNTY, IOWA WHEREAS, a Private Water Main Facilities & Water Main Facilities Easement Agreement for the proposed ReGen site in the City of Fairfax, Linn County, Iowa has been submitted to the City of Fairfax by Logistics Park Cedar Rapids, LLC; and WHEREAS, Hall and Hall Engineers, Inc. has reviewed said Private Water Main Facilities & Water Main Facilities Easement Agreement for the proposed ReGen site and recommends that the City Council approves said Private Water Main Facilities & Water Main Facilities Easement Agreement for the proposed ReGen Site in 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 & Water Main Facilities Easement Agreement for the proposed ReGen site in 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 and the City Clerk/Treasurer are hereby authorized and directed to execute said Resolution. Passed and approved this 9th day of August, 2022. AYES: Nurre, Daly, Pacha, Volk, and Wainwright NAYS: None � � �� _-� �,.__,�-. �°� e'��;� `'`�--- Burnell Frieden, Mayor ATTEST: � � 7.�!�� C nthia Stimson, City Clerk/Treasurer y,��P�� ,,, �,�a ,s �., xc � _� .* <� : PRIVATE WATER MAIN FACILITIES AND WATER MAIN FACItIT1E5 EASEMENT AGREEMENT (CITY RESOLUTION NO.�I��,� �'� � j This Private Water Main Facilities and Water Main Facilities Easement Agreement (this "Agreement") is entered into this �� day of ^�.�.� �� , 2022 by and between the undersigned property owner (hereinafter referred to as the WNER) and the City of Fairfax, Linn County, lowa (hereinafter referred to as the CITY). RECITALS 1. The OWNER is owner of the following described property: See Attached Exhibit "A" 2. The OWNER propases to develop the southwest portion of this property (the entire property is approximately 40.37 ACRES) for industrial purposes, and has prepared a site development plan (hereinafter referred to as the SITE PLANj for these proposed Improvements. This entire property is zoned Light Industrial (M1), and the proposed site improvements is for the ReGen indus#rial facilities. Said Improvements on this property shall consist of both private water main facilities & public water main facilities. NOW BE IT RESOLVED, the DEVELOPER and the CITY hereby agree as follows: The CITY shall own, maintain, repair and reconstruct the following water main facilities: a. The east-west water main facilities located along the south side of this SITE (See Exhibit "B"). As part of the southerly east — west public water main facilities, the CITY shal! also own, maintain, repair and replace a small portion of the two water mains that extend north from this southerly east — west public water main ta, and including the gate valves, which are located approximately 1' to 5' north of the southerly east — west public water main facilities. All of the other remaining water main facilities located on this SITE PLAN, shall be private water main facilities owned by the OWNER. The OWNER hereby acknowledges responsibility for ownership of these private water main facilities, and hereby agree to own, maintain, repair and reconstruct all of the private water main facilities located on this SITE (See Exhibit "B"). 3. 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 ofthe private water main facilities located on this site to ensure the water quality to the CITY's public water supply system. 4. 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 ta properly maintain said private water main facilities. The OWNER agrees to allow the CITY to access the SITE at least one time per year for the purpose of flushing and exercising the private fire hydrants, 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 hydrants 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. 6. The OWNER agrees to not supply water to anyone, including the OWNER, from the water main facilities located outside of the building on this SITE, without first coordinating with, and obtaining written permission (including by email) from the CITY. 7. The OWNER shall own and maintain the property located within the public water main facilities easements located on this SITE. The OWNER agrees not to restrict the CITY'S use of these easements for the purpose of accessing, maintaining, repairing, andJor replacing the water main facilities within these easements. 8. The OWNER shall be fully responsible for maintaining, repairing, and/or replacing their private utilities and infrastructure, as well as any trees, shrubs or plants that may encroach into the 30' Public Water Main Facilities Easement if these facilities or vegetation are damaged or need to be removed or altered by the CITY or the CITY's representative while maintaining, repairing, and / or reconstructing the public water main facilities within this easement. 9. 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. 10. This Agreemerit 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. 11. If enforcement of this agreement goes to court, the prevailing party may recover attorney's fees from the other party. Dated: ,..�rQ,,�,�Cp�, 2022 LOGISTICS PARK CEDAR RAPIDS, LLC �'.�C.K.. �+�'�'�4.�:� r,j��Lv) � ��'.�.�.��..b Dee Brown, Director of Operations STATE OF IOWA, COUNTY OF LINN} This instrument was acknowledged before me on this �-� day of �� cw..�,- �. ____l 2Q22 by Dee Brown, Director of Operations for Logistics Park Cedar Rapids, ILC. � Dated: �' � � , 2022 CITY OF FAIRFAX, IOWA � p� . i. ;' _ ' �,..,, e:'--<._ urnell G. Frieden, Mayor STATE OF IOWA, COUNTY OF LINN) � � Notary Pub c in and for the State of lowa �.ir..�i - MARY ELISE Et,LIOTT Notdrial Seal - lowa Commission Number 815929 My Commission Expires Mar 20, 2022 This instrument was acknowledged before me on this � day of ..� �, 2022 by Burnell G. Frieden, Mayor of the City of Fairfax, lowa. �' .PP'"� s�, CYNTHI KA STIMSON _ . � Commission yumpe� �28033 • ow. . MY Commission Eupires April 13. 2025 L�'t ��'�'."1� / J�� ",�G�°'��.. f N�taty Public in and for the State of lowa EXHIBlT "A" THE NORTHEAST QUARTER (NE1/4) OF THE SOUTHWEST QUARTER (SW1/4) OF SECTION (15), ALL IN TOWNSHIP EIGHTY-TWO (82) NORTH, RANGE EIGHT (8} WEST OF THE FIFTH (5) P.M. LEGEND PUBLIC WATER MAIN FACILITIES TO BE �m» OWNEO.MAINTAINED, REPAIRED, 8 REPLACED BY THE CITV. PRIVATE WATER MAIN FACIIITIES TO BE ---��-r--� OWNED,MAINTAINED, REPAIRED, 8 REPLACEDBVTNE OWNER. PNO (2) GATE VALVES LOCATEO AT THE ENO OF � THEPRIVATEWATER MAINS. THESE GATE VALVES SHALLBE OWNED, MAINTAINEO. REPAIRED, 8 REPLACED BV THE CITY.