HomeMy WebLinkAboutRESOLUTION NO. 2015-58 RESOLUTION NO. 2015-58 �
RESOLUTION TO ENTER INTO AN AGREEMENT WITH THE IOWA
DEPARTMENT OF TRANSPORTATION FOR A DRAINAGE FLUME TO
A PORTION OF HIGHWAY 1 51MLLIAMS BLVD.
WHEREAS,the City of Fairfax wishes to install a drainage flume inside a portion of an
existing right of way held by the Iowa Department of Transportation commonly known.as
Highway 151/Williams Boulevard- and
WHEREAS, the City of Fairfax and the Iowa Department of"Transportation have drafted
an Agreement that:grants permission to install this drainage flume; and
WHEREAS, Hall and Mall Engineers, Inc. is recommending entering into this
Agreement; and
WHEREAS,the Agreement is attached.
NOW, THEREFORE, RE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FAIRFAX, IOWA, that the City Council of the City of Fairfax does hereby approve
the Agreement with the Iowa Department of Transportation for a drainage flume to a portion. of
Highway 151/Williams Boulevard..
BE IT FURTHER RESOLVED that the City Council of the City of Fairfax, Iowa, that j
the Mayor and city clerk/treasurer are hereby authorized and directed to execute said Agreement
and said Resolution.
Passed and approved this 14"'day of July,2015.
AYES: Beer,Frieden, Otto, and pagers
NAYS: None
ABSENT: Wainwright
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ATTEST:
, IOlewn.
Cyiatliia Stimson., City Clerk/Treasurer Q- _
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Prepared ley/Return to: Matthew l Heklocn,115 Third Street SE,Suite 1200,Cedar]cupids,Iowa 52400:319-366-76141
Agreement
Between Iowa Department of Transportation and the City of Fairfax,Iowa
for Drainage Flume to a Portion of Highway 1.51/Williams Blvd.
This Agreement is entered into by and between the City of Fairfax(the"City')and the Iowa
Department of Transportation(the"`DT")an this day of - - 21015.
WHEREAS, the City wishes to install a drainage fluane (the "Inprovemenf') inside a portion of
an existing right of way held by the DOT corxlmonly known as Highway 151 / Williams Boulevard as
more particularly shown. on Exhibit"A" attached hereto and incorporated herein by reference; and
WHEREAS,the DOT has no objection to the Improvement; and
WHEREAS, the City and the DOT wish to enter into an agreement whereby the DOT formally
grunts the City permission to make the Improvement to and within said right-of-way, at no expense to the
DOT.
Now THEREFORE, for good and valuable consideration the parties agree as follow:
1. GRANT: The DOT hereby grants the City the right to place the Improvement in the DOT right
of way.
. CONS TDERA;I`TON: The mutual consideration herein is undertaking the Improvement to
Highway 151/Williams Blvd. The project costs, in their entirety, will be bonze by the City. The DOT
will pay nothing toward the costs of the Improvement.
3. RESPONSIBILITY FOR WORK: The City shall have sole and exclusive responsibility for the
construction work of the Improvement.
4. MAINTENANCE: The City sball, at its costs,maintain the Improvement.
5.. FINANCING: The City shall bear all costs associated with the Improvement for the lifetime of
the Improvement.
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h. EFFECTIVE DATE: This Aln:eement shall be effective when approved and signed by the
Director of the DOT and the Mayor of Fairfax.
7. DURATION: This Agreement shall continue in force until tern inated by mutual agreement of
the parties hereto.
8. NO THIRD-PARTY BENEFICIARIES: Nothing herein is intended to alter the City's and/or
DOT's ultimate responsibility for their own right-of-way, including liability for or immunity frorn third-
party claims.
IOWA DEI'AR I MEN1'OF TRANSPORTATION
This Agreement w& approved by official action of the Iowa Department of Transportation in
official session on the 17 day of Tkk t)( , 20 15.
Joel eir ,Engineering Representative,Iowa
Department of Transportation
ATTE :
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CITY OF FAIRFAX
This agreement was approved by official action of the City Council of Fairfax in official session
on the qr - day of.
Jas Rabe, Mayor
Cit of Fairfax.
Cyntlt'a Stimson,Ctty Cie'rlc �� aoa ,�• `����•,,,�,
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