I-2 - Resolution 2024-081 - Agreement with JCEM for Shared Use of City Ground

4. Access to Storage Building Site. JCEMC shall be solely responsible for providing suitable access to the Storage Building. JCEMC shall have access to the storage building site and to its storage building at all times. JCEMC in its sole discretion decides who shall have access to its one acre parcel (the storage building site) and to the actual storage building. JCEMC may access the site and the building via any and all driveways now serving the parcel (the entire parcel from Recitals paragraph 2, not just the one acre where the building sits) as well as driveways that may serve the parcel in the future. 5. Utilities. JCEMC shall pay all water, sewer, gas, electric and other utility charges associated with said Storage Building Site. JCEMC shall pay to get the utilities from their current location at or in the street to the storage building. 6. Taxes. JCEMC shall not have to pay any taxes, including property taxes, on this parcel, because these parties are both government entities in the State of Iowa. This parcel is tax exempt. JCEMC is not going to pay any property taxes or other taxes to Tiffin. 7. Insurance. JCEMC shall carry liability insurance for the protection of Tiffin from any liability arising out of any accidents or other occurrence causing any injury and/or damage to any person or property in the Storage Building or upon the Storage Building Site due directly or indirectly to the use or occupancy thereof by JCEMC, or any person claiming through or under JCEMC. JCEMC shall maintain comprehensive liability insurance with minimum policy limits of $1,000,000 per occurrence and $2,000,000 aggregate throughout the duration of this Agreement, and JCEMC shall also insure the Storage Building and its contents from loss due to hazards, wind storm, fire or water. All liability policies which include Tiffin as an additional insured shall include a Governmental Immunities Endorsement pursuant to Chapter 670.4 of the Iowa Code (2024), including substantially the following provision: Non-waiver of Government Immunity - The insurance carrier expressly agrees and states that the purchase of this policy and including the City of Tiffin as an Additional Insured does not waive any of the defenses of governmental immunity available to the City of Tiffin under Iowa Code Section 670.4 (2024) and as it may be amended from time to time. 8. Duration of Agreement. This Agreement shall continue in full force and effect for a period of fifty (50) years measured from the date of completion of the Storage Building on the Storage Building Site. However, this Agreement may be terminated prior to the expiration of said fifty (50) years by mutual agreement of the parties. JCEMC shall have the right to remove the Storage Building from the Storage Building Site at JCEMC’s sole expense at any time. Under no circumstances will JCEMC have any less than 24 months of advance notice to move the building. 9. Renewal. If no party terminates and if no party sends a notice of non-renewal prior to the expiration of this agreement, then, at the end of the regular term, instead of expiring, this agreement automatically renews for at least 10 more years.