I-3 - Resolution 2021-057 - 28E Agreement for CIPCO Line Cost Share with North Liberty

NOW, THEREFORE, IT IS AGREED AS FOLLOWS: 1. Purpose. The purpose of the agreement is to allocate the costs and responsibilities arising from the Electric Facilities Construction and Payment Agreement ("CIPCO Agreement") proffered by CIPCO among and between North Liberty and Tiffin. A copy of the CIPCO Agreement is attached hereto as Exhibit 2. 2. Consideration. The mutual consideration herein is the execution of this Agreement by the parties. 3. No separate legal entity. No separate legal entity is created by this Agreement. The City Administrator of each City will administer the respective Cities’ duties hereunder. 4. Cost sharing. North Liberty shall issue payment to CIPCO as provided in Paragraph 2 of the CIPCO Agreement within twenty (20) days of the execution of this 28E agreement. Tiffin shall reimburse North Liberty 50% of that amount, or $20,000.00. Tiffin shall issue such reimbursement to North Liberty within 30 days of the execution of this agreement, or within 30 days after confirmation of North Liberty’s payment to CIPCO, whichever is later. Any payment for mobilization fees as provided in Paragraph 3 of the CIPCO agreement shall be paid directly to CIPCO by North Liberty and 50% of that amount shall be reimbursed to North Liberty by Tiffin within 30 days after confirmation of North Liberty’s payment of such mobilization fees to CIPCO. Any reimbursement by CIPCO for overage as provided in Paragraph 5 of the CIPCO agreement shall be timely reimbursed to Tiffin by North Liberty in the pro rata shares set forth above. 5. Future costs. The parties acknowledge that CIPCO will, pursuant to the attached Exhibit 2, effectively relocate its equipment from a previously-negotiated private easement into public right of way. The Cities agree that CIPCO would be compensated for a forced relocation from said private easement under Iowa’s eminent domain laws, but may not otherwise be compensated for the future forced relocation of its equipment out of public right of way. The Cities therefore agree that if such future relocation by CIPCO is required by the Iowa Department of Transportation, then the costs for such relocation shall be allocated among and between the cities in the same pro rata share as set forth in Paragraph 4 above. If such future relocation is instead required by a public improvement project of North Liberty or Tiffin, then the city which causes that particular relocation, and only that city, shall be responsible for bearing 100% of the costs identified in Paragraph 6 of the CIPCO Agreement unless a subsequent cost sharing agreement is executed for said public improvement project. 6. Execution of underlying agreement. The City Administrator of each of the Cities are empowered and directed to execute the CIPCO Agreement concurrently with the execution of this agreement by their corresponding City Council. 7. Liability and third-party rights. Nothing herein is intended to create any obligation for the Cities with respect to the construction of a roundabout as described in Exhibit 1 or the performance of the CIPCO Agreement included as Exhibit 2, nor is this 28E Agreement intended to create any third-party benefits. Rather, this Agreement is intended solely as a means to