HomeMy WebLinkAboutRESOLUTION NO. 2016-18 RESOLUTION NO. 2016-18
RESOLUTION TO ENTER INTO A 12 INCH WATER MAIN
MAINTENANCE, REPAIR, AND REPLACEMENT AGREEMENT WITH
SOBASKI REAL ESTATE, LLC
WHEREAS, the Sobaski Real Estate, L.L.C., obtained Schrader Tiling and Terrain, LLC
to install the 12-inch water main along Lot 2 and Lot 3 of Sobaski's Second Addition in the City
of Fairfax; and
WHEREAS, the 12-inch Water Main Facilities have been installed per the Iowa DOT
permit, the approved site plan, and the Cedar Rapids Metropolitan Area Standards; and
WHEREAS, neither SOBASKI nor Schrader Tiling and Terrain, LLC is able to provide
the City of Fairfax with a 4-year maintenance bond for this 12-inch water main, which is
standard practice for the City of Fairfax as part of their acceptance procedures for the installation
of public improvements; and
WHEREAS, Hall and Hall Engineers, Inc. is recommending the City of Fairfax enter
into a 12 Inch Water Main Maintenance, Repair, and Replacement Agreement with Sobaski Real
Estate, L.L.C. and has drafted such agreement, which is attached to this resolution.
NOW,THEREFORE,BE 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 12 Inch
Water Main Maintenance, Repair, and Replacement Agreement with Sobaski Real Estate, L.L.C.
BE IT FURTHER RESOLVED that the City Council of the City of Fairfax, Iowa,that the
Mayor and city clerk/treasurer are hereby authorized and directed to execute said 12 Inch Water
Main Maintenance, Repair, and Replacement Agreement with Sobaski Real Estate, L.L.C. and said
Resolution.
Passed and approved this 8th day of March, 2016.
AYES: Beer, Daly, Kell, Volk, and Wainwright
NAYS: None
urnell G. Frieden, Mayor
ATTEST:
/gyp `,,,,,,1�1+....r.. ,,•I,
/ �J /�/j ,{ � •XXL• ••r•• r,.
Cynthia K. Stimson, City Clerk/Treasurer _ c- o -J c
0 • 0 4!
0 V) 417
4$ 0.
J
12 Inch Water Main Maintenance, Repair, and Replacement Agreement
This agreement is between the City of Fairfax, Iowa (hereafter referred to as CITY) and
Sobaski Real Estate, L.L.C. (hereafter revered to as SOBASKI), and is for the
maintenance, repair, and / or replacement of the 12-inch water main and all of the
associated appurtenances (together considered 12-inch Water Main Facilities) installed
in December of 2015 along Lots 2 and 3 of Sobaski's Second Addition in the City of
Fairfax, Linn County, Iowa. This agreement shall remain in place for 4 years after it is
fully executed by both parties.
For the purpose of this agreement, the 12-inch Water Main Facilities shall be
considered the 12-inch water main, fire hydrants, gate valves, water service taps, the
water services from the water service tap to the water service shutoff, the water service
shutoffs, the flushing valve, and all fittings, joints and thrust blocks.
Whereas, SOBASKI obtained Schrader Tiling and Terrain, LLC to install the 12-
inch water main along Lot 2 and Lot 3 of Sobaski's Second Addition in the City of
Fairfax, and;
Whereas, the 12-inch Water Main Facilities have been installed per the Iowa
DOT permit, the approved site plan, and the Cedar Rapids Metropolitan Area
Standards, and;
Whereas, neither SOBASKI nor Schrader Tiling and Terrain, LLC is able to
provide the CITY with a 4-year maintenance bond for this 12-inch water main, which is
standard practice for the CITY as part of their acceptance procedures for the installation
of public improvements.
Therefore, in order for the CITY to accept the 12-inch Water Main Facilities as
part of the CITY's public water main system, the CITY and SOBASKI agree to the
following:
1. The CITY shall be responsible for regular maintenance on the 12-inch Water
Main Facilities to ensure normal use of these facilities. This regular maintenance
shall include items such as flushing the fire hydrants, exercising gate valves, and
operating the flushing valve on a regular basis, which is consistent with the
CITY's current practice for regular maintenance on the CITY's existing water
main system.
2. SOBASKI shall be responsible to maintain, repair, or replace any portion of the
12-inch Water Main Facilities that is considered beyond regular maintenance.
3. In the case of an emergency situation where the CITY is required to provide
maintenance, repair, and / or replacement of the 12-inch Water Main Facilities
beyond regular maintenance, SOBASKI agrees to pay the CITY for the time and
materials that the CITY has to commit to this maintenance, repair, and / or
replacement. SOBASKI agrees to pay the CITY within 30 days of being invoiced
for this work.
4. If SOBASKI does not follow through with their responsibilities as defined in this
agreement, then the CITY has the right and authority to shut-off water supply to
Lots 2 and 3 of Sobaski's Second Addition in the City of Fairfax.
5. This agreement shall be binding upon both parties for four (4) years from the
date that this agreement is fully executed by both parties. Once this four (4)
years has expired, this agreement shall be considered terminated, null and void.
6. SOBASKI agrees to indemnify and hold harmless the CITY for damages or
claims for damages that may arise or accrue as a result of the Fairfax City
Council's approval of this Agreement.
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 part of said Lot 2 and
Lot 3 of Sobaski's Second Addition in the City of Fairfax, Linn County, Iowa shall
transfer obligations of SOBASKI to the successor in interest.
This Agreement is a binding and legally enforceable agreement and the terms
set forth in this Agreement executed by SOBASKI and the CITY.
Words and phrases herein shall be construed as in the singular or plural number,
and as masculine, feminine or neuter gender, according to the context.
Dated: 3 - Z L/ , 2016 Dated: )' 2016
SOBASKI REAL ESTATE, LLC CITY OF FAIRFAX, IOWA
Austin H. Sobaski, President/Treasurer Burnell G. Frieden, Mayor
Attest:
f
Zachary Soba i, Vice President/Secretary
Cynt1 is Stimson, City Clerk/Treasurer