I-3 - Resolution 2024-073 - Agreement with JCEMC for shared use of City Property

-2- All parties understand that no grading may be done on the Storage Building Site prior to Tiffin's approval. Prior to the commencement of construction of the Storage Building on the Storage Building Site, Tiffin shall have the right to review and approve, and to require modifications as it sees fit, to the exterior of the Storage Building but not the interior design of the Storage Building. Furthermore, Tiffin shall have the exclusive right to identify a one-acre parcel located on the easterly portion of the Storage Building Site on which the Storage Building shall be constructed. 4. Access to Storage Building Site. JCEMC shall be solely responsible for providing suitable access to the Storage Building, subject to the approval of said access by Tiffin in advance. 5. Utilities. JCEMC shall pay all water, sewer, gas and electric utility charges associated with said Storage Building Site. 6. 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, windstorm, 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. 7. Duration of Agreement. This Agreement shall continue in full force and effect for a period of forty (40) 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 forty (40) years by mutual agreement of the parties. Upon termination of this Agreement, JCEMC shall have the right to remove the Storage Building from the Storage Building Site at JCEMC's sole expense. 8. Binding on Successors. This Agreement shall be binding on the parties and their respective successors in interest, transferees and assigns.