Resolutions-2025-009

Tiffin. will start the process convey to Coralville all of its way on south Jasper of- right- Avenue, except for its portion of right- way that will constitute the west - side of the of- splitter island where the roundabout will connect to south Jasper Avenue, and except for its portion of right- way south of Coralville' of- s boundary lines. Coralville will then annex s Tiffin' right- of- as set forth herein and Tiffin will sever such right of way from its way corporate boundaries pursuant to Chapter 368 of the Code of Iowa. The parties estimate the length of Tiffin' s retained portion of way of- that will constitute the west - side of right- the splitter island where the roundabout will connect to south Jasper Avenue to be approximately 100 feet, but it will be subject to the final design of the roundabout. This retained right- way is intended to be of sufficient size to avoid potentially assisting of- s Coralville' desire to annex property to the northwest. 5. Termination This Agreement shall remain in full force and effect from the approval and execution of the Agreement by all parties. Any amendments or terminations of this Agreement must be agreed upon by all parties and executed by all parties in writing. 6. Declaration of Default and Notice In the event that a party determines that another party has defaulted in the performance of its obligations under this Agreement, the non -defaulting party may declare that default has occurred and give notice thereof to the defaulting party. Notice of default shall be given in writing, shall specify the nature of the default and the provision of this Agreement involved, and shall specify what action is required of the defaulting party to correct the default. The defaulting party shall have thirty 30)days from the date of its receipt of the notice of default to correct the default. If at the end of said thirty -day period the default has not, in the opinion of the aggrieved party, been corrected, that party may thereupon pursue all lawful remedies, including but not limited to, termination of this Agreement, an action for specific performance thereof, and action for damages for breach thereof. 7. Notice Except as provided herein, all notices which the parties are authorized or required to give one another pursuant to this Agreement shall be in writing and may be personally delivered or sent by ordinary mail to the addresses hereafter provided. Any notice required or permitted by this Agreement will be deemed to be delivered, and thus effective, when personally received, or received by United States Mail, postage prepaid, certified mail return receipt requested, or receipt is refused. Such notices shall be delivered or mailed to the following persons at the addresses listed: a. Notices to Tiffin: City of Tiffin, Iowa 300 Railroad Street, P. O.Box 259 Tiffin, Iowa 52340 ATTN: City Administrator 3