I-2 - Resolution 2021-056 - Electric Facilities Construction and Payment Agreement

WHEREAS, in exchange for CIPCO's relinquishment of its easement rights in the parcel of land located on private property along the east side of the Southeast Quarter of the Northwest Quarter of Section 22, Township 80 North, Range 7 West of the Fifth Principal Meridian, Johnson County, Iowa, the Cities agree to reimburse CIPCO for any future expenses it may incur should it be required to move the line, which will now be located on public road right-of-way, to accommodate any future project in which the Cities and/or IDOT need the line and any of its structures to be relocated, as if CIPCO had a private easement. NOW, THEREFORE, IT IS MUTUALLY AGREED UPON BY AND AMONG THE PARTIES AS FOLLOWS: 1. CIPCO shall redesign its transmission line to accommodate the Cities' desired expansion of Forevergreen Road in Johnson County, with the first $40,000.00 in expenses to be paid solely by the Cities. A drawing showing the approximate location of the redesigned and rerouted line is attached hereto as Exhibit "A". The estimated costs of the redesign and reroute are attached hereto as Exhibit "B". 2. The City of North Liberty agrees to advance $40,000.00 to CIPCO within Twenty (20) days of the full execution of this agreement, for their portion of the estimated expenses necessary for CIPCO to accommodate the Cities' requested reroute of the line to accommodate the extension of Forevergreen Road. 3. The Cities also agree to reimburse CIPCO for any additional mobilization expenses charged by its construction contractor related to the Cities delay in finalizing this agreement and that those mobilization charges, if any, will be in addition to the $40,000.00 contemplated by this agreement. 4. Upon receipt of the advance payment from the City of North Liberty, CIPCO will work diligently to complete the redesign and construction of the line. 5. If the total costs of the subject redesign and construction of the line is less than the $40,000.00 advanced by the Cities, CIPCO will refund the City of North Liberty the amount advanced exceeded actual costs. 6. CIPCO agrees to pay any and all expenses, in excess of $40,000.00, except contractor mobilization fees, if applicable, for the redesign and construction of the portion of the line shown in Exhibit A. 7. The Cities agree to reimburse CIPCO for any future expenses it may incur should it be required to move the line, which will now be located on public road right-of-way, to accommodate any future project in which the Cities and/or IDOT need the line and/or any of its structures to be relocated, as if CIPCO had a private easement across the area shown in Exhibit A. Such repayment shall only be made, if at all, in accordance with the provisions of an agreement entered into among the Cities pursuant to Chapter 28E of the Code of Iowa.