K-5 - MOU for Detention Facility - Tiffin, CCA, Homemakers

MEMORANDUM OF UNDERSTANDING THIS MEMORANDUM OF UNDERSTANDING (“MOU”) is made as of May _____, 2025, by and among Homemakers Plaza, Inc., an Iowa corporation (“Homemakers”); City of Tiffin, Iowa, an Iowa municipal corporation (“Tiffin”); and Clear Creek Amana Community School District an Iowa municipal corporation (“CCA”). Homemakers and CCA shall collectively be referred to as the “Owners”. RECITALS A. Homemakers has publicly announced its intent to construct a Homemakers Furniture Store in Tiffin, on a parcel it owns that is north of the CCA Lot, east of N Park Road, and west of Interstate 380, legally described as Auditor’s Parcel 2024036, Tiffin, Johnson County, Iowa, according to the Plat of Survey recorded in Book 68, Page 5, Plat Records of Johnson County, Iowa (“Homemakers Lot”). B. CCA is the owner of Oak Hill Elementary, 504 N Park Road Tiffin, Iowa, legally described as Lot 1, Bigelow Subdivision, City of Tiffin, Johnson County, Iowa, according to the plat thereof recorded in Book 47, Page 103, Plat records of Johnson County, Iowa, except that portion acquired by the Iowa DOT for Right of Way (“CCA Lot”). C. Homemakers intends to begin construction of the new Homemakers furniture store in 2025, with a grand opening anticipated in 2028. Homemakers estimates the furniture store will create approximately 200 new jobs. D. The CCA Lot currently contains a detention/retention area used by CCA, and Homemakers wishes to utilize the same for part of its storm water detention related to the Homemakers Lot. E. The site plan for the Homemakers furniture store will require an adjustment and/or relocation of the current detention/retention facility located on the south end of the Homemakers Lot. The City, at its expense, intends to work with Homemakers’ engineer and the city engineer to adjust and/or relocate the detention/retention facility on the Homemakers Lot based on the approved site plan. F. The parties wish to affirm these matters in this MOU, so that Homemakers may start work on the Homemakers Lot. TERMS AND CONDITIONS IN CONSIDERATION of the above Recitals (which are hereby incorporated by this reference), the agreements contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Owners hereby covenant and agree as follows: 1. CCA Detention/Retention Facility. CCA will allow Homemakers to utilize the detention/retention facility located on the CCA Lot (“Facility”) for storm water detention related to the Homemakers Lot, as shown on Exhibit A, attached hereto and incorporated by this reference.