2. Consideration of an Agreement of Sale of Goods with the City of Coralville – Motion to Approve

AGREEMENT FOR SALE OF GOODS THIS AGREEMENT entered into by and between the City of Coralville, Iowa (hereinafter “Owner”); and City of Tiffin, Iowa (hereafter “Purchaser”), for the sale of suitable fill dirt. WHEREAS, the Owner is in possession of suitable fill dirt for the Purchaser to purchase for the purposes of project fill dirt, and, WHEREAS, the Owner has verified that there are 55,000 cubic yards of suitable fill dirt for a sales transaction with the Purchaser, and, WHEREAS, Purchaser agreed to purchase 55,000 cubic yards of suitable fill dirt at the cost of $1 per cubic yard for a total of $55,000 under the terms and conditions below. IT IS AGREED AS FOLLOWS: I. COMPENSATION FOR SALE OF GOODS 1. Contract amount/Warranty. The PURCHASER shall compensate the OWNER the amount of not-to-exceed $55,000 for supplying 55,000 cubic yards suitable fill dirt currently stored on Westcor Drive, parcel number 0635203003. Suitability verification of the material is the responsibility of the PURCHASER; report from Terracon provided as Exhibit A attached. PURCHASER agrees that the OWNER makes no warranty about the suitability of the fill dirt. 2. Hauling and Progress Tracking: The PURCHASER is responsible for all loading and hauling operations and fees associated with operations. The PURCHASER shall be responsible for submitting load tickets to the Director of Parks and Recreation on a weekly basis while undergoing hauling operation. 3. Site Conditions: OWNER will ensure suitable pathway through site for access to fill dirt. On a daily basis, PURCHASER hauling operations will ensure pathway continues to stay clear and excess dirt is pushed back into the piles. Hauler will work from interior pathway if storage area and not disturb the outer erosion control measures and seeding on outside slopes of the storage site unless a discussion is had with Director of Parks and Recreation about access. 4. Road Conditions: OWNER will be responsible for sweeping any tracking of dirt onto Westcor Drive on a daily basis to keep in compliance with stormwater regulations.