Resolutions-2024-073

2- s Tiffin' All parties understand that no grading may be done on the Storage Building Site prior to Prior to the commencement of construction of the Storage Building on the Storage approval. as it Building Site, Tiffin shall have the right to review and approve, and require modifications to sees fit,to the exterior of the Storage Building but not the interior design of the Storage Building. the Furthermore, Tiffin shall have the exclusive right to identify a one - acre parcel located on 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 or damage and/ to any person or property in the Storage Building or upon the Storage Building Site due directly or claiming through or under indirectly to the use or occupancy thereof by JCEMC, any person or limits of JCEMC. JCEMC shall maintain comprehensive liability insurance with minimum policy 000 000, 1, 000 aggregate throughout the duration of this Agreement, 000, per occurrence and $ 2, and JCEMC shall also insure the Storage Building and its contents from loss due to hazards, windstorm, fire or water. shall include a All liability policies which include Tiffin as an additional insured 4 of the Iowa Code ( 2024), Governmental Immunities Endorsement pursuant to. Chapter 670. 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 ( and as it may be amended from time to time. 2024) 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 expiration the Storage Building Site. However, this Agreement may be terminated prior to 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 s sole expense. JCEMC' 8. Binding on Successors. This Agreement shall be binding on the parties and their respective successors in interest, transferees and assigns.