Loading...
HomeMy WebLinkAbout2016-11-21-Resolutions 16-505_Alice's Rd Corridor Phase 4 - Utility Relocation Agr - RevisedTHE CITY OF WAUKEE,IOWA RESOLUTION 16-505 APPROVING RELOCATION AND REIMBURSEMENT AGREEMENT,REVISED,BY AND BETWEEN THE CITY OF WAUKEE,IOWA,AND MIDAMERICAN ENERGY COMPANY [ALICE'S ROAD BETWEEN UNIVERSITY AVENUE AND NE HORIZON DRIVE,UTILITY RELOCATION] IN THE NAME AND BY THE A UTHORITY OF THE CITY OF WA UKEE,IOS'A WHEREAS,the City of Waukee,Iowa is a duly organized municipality within Dallas County; AND, WHEREAS,as part of the Alice's Road Corridor Project,University Avenue to NE Horizon Drive,MidAmerican Energy Company will relocate structures and related facilities associated with an electrical line currently located on private easements along the west side of Alice's Road;AND, WHEREAS,on October 17,2016,the Waukee City Council approved a Relocation and Reimbursement Agreement between the City of Waukee and MidAmerican Energy related to the utility relocation (Resolution ¹16-462);AND, WHEREAS,in light of a reduction in the estimated reimbursable amount from $1,400,000 in the original agreement to $950,000,MidAmerican Energy Company has provided a revised agreement of which City staff recommends approval; NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in session this 21"day of November,2016,that the Relocation and Reimbursement Agreement,Revised,by and between the City of Waukee,Iowa,and MidAmerican Energy Company,attached hereto as Exhibit A and made part of this resolution,is hereby approved. Attest: 'lliam F.ard,ayor Rebecca D.Schuett,City Clerk ROLL CALL VOTE Anna Bergman Brian Harrison Shelly Hughes Larry R.Lyon Rick Peterson AYE X X X X NAY ABSENT ABSTAIN X RELOCATION AND REIMBURSEMENT AGREEMENT (REvtszoi IT IS AORFFD this ziacday of November,2016,by and between the City of Waukee,Iowa ("City")and MidAmcrican Energy Company ("MidAmerican")as follows: Recitals A WHEREAS,as part of City's planned reconstruction of Alice's Road between University Avenue and NE Horizon Drive,City desires thai MidAmerican relocate structures and related facilities of a MidAmerican owned and operated 161,000-volt electric line (known collectively as 'Electric Facilities"),which is presently located on private easements and as generally shown on the attached Exhibit A,which Electric Facilities are an integral pari ol'MidAmerican's electric system providing electric set vice to Waukee,lov a and elsewhere; 13.WI-IEREAS,MidAmerican is willing to relocate the Electric Facilities as generally shown on the attached Exhibit A in return for the compensation sct forth in this Agreement; C.WIIERFAS,City is willing to secure and coordinate acquisition of new easements with MidAmcrican for the relocated Electric Facilities; D.WHFRL'AS,City is willing to reimburse MidAmerican I'or its costs to relocate the Eleciric Facilities; THEREFORE,ihe parties agree as fogows: I.Services.Following execution of this Agreement,the Services to be provided by MidAmerican shall consist of relocation of the Electric Facilities as generally shown on the attached Exhibit A and removal of the existing structures and related facilities.MidAmerican shall commence the Services alter execution of this Agreement.Construction is expected to be completed by May 31,2017;however, weather,Electric Facilities easement acquisition,communication facilities relocation by others,and unanticipated other work as necessary at the site to achieve the objectives of this Agreement may affect the schedule.City acknowledges that for MidAmerican to achieve this completion date,City must execute this agreemcnt by November 11,2016 and provide new easements by March I,2017.If that date is missed,commensurate extension of the completion date may be required. 2.Site Conditions.IvlidAmerican assumes that any inf'ormation furnished by City is accurate and complete and is relying on such information.If MidAmcrican encounters,at thc site,toxic substances,hazardous substances or hazardous wastes (as such terms are defined in any Federal,state or local statute,regulation or ordinance),which require special handling and/or disposal,and are not a part of the services contracted for,fvlidAmerican shall immediately suspend further work in the area of the materials and notify City of the condition.City shall immediately take vvliatever precautions are legally required to eliminate such hazardous conditions and properly handle and dispose of such substances or wastes so that thc Services may saf'ely proceed.If site conditions cause an increase in MidAmerican's cost ol;or the time required for,performance of any part of the Services under a Scope of Work,an equitable adjustment shall bc made to the compensation paid Midhmerican and the schedule.If during the course of the Services,MidAmerican observes the cxistcncc of asbestos or asbestos-containing materials,lvlidAmerican v'ill immediately suspend further work in the area of the materials and notify City of'the condition,and City will determine the further course of action. 3.~c»av \.AII p .,q f nu k itllf b d uMdA actual costs with no additional mark up.The estimated cost.for these Services is Nine Hundred Fif'ty Thousand mid 00/I 00 Dollars U.S.($950,000.00). When the Services are complete,IvlidAmerican shall provide City with an invoice detailing the actual cost ol'the Set vices,which invoice shall be the amount of total compensation due MidAmerictui.Payment shall be due and payable upon presentment of strch invoice. 4.Prere uisitc worlt bv Citv.City shall identify and have staked the new location and boundary of City's right-ottway and identify and have staked the new location of the Electric Facilities easement.This work shall be done by City on or about March 15.2017. City shall also allow ingress and egress over City s property lor MidAmerican to perform these services. City shall acquire new easements in the I'orm of the attached Exhibit B. 5,Obsolete easements.IvlidAmerican shall release all easements that become obsolete or unnecessary by the operation of this Agreement. IN Wl'I NESS WHEREOF,the City ol'Waukee,Iowa and MidAm&:rican Energy Company have caused this Agreement to be executed by their duly authorized representatives to be effective on the date and year first above written. CITY OF YVAUKEE,IOWA By Name:I ra .n rd Tide rtayor IvIIDAtYIERICAN ENER(QPOMPANY Name;y ames W.Dou hcrt Title: 1 i0 Z ,I!I liI'&& Gz I- 'u&'c'," &~&i l„z &Y ii ~ZIIQ ' &I ~— I.&II I ill Y 1II II z&II I'I 0 I I I&&Z~ UJ 0 c(gI-Z Kl I-iBXX llJ UJ i II' I I I i Ii,l / AYY" / / ' 2I ill 2II 022 '2 71Il;i'2&V ,Q71'" Ill 2 1 7gg„' y2 2 )'ll jNUlIll0Q LLJI- 0 I-Z fLI I-gB &&X LII LIJ 'J) V) 1.'"' t.u( lt o )' i"u )0 &ui ulgzK- J)8 t g Zt)uuu u)-'tt „&iu t."uu u: ( I !uu tLt LLI 0 I-Z Q3 I—iB X && LLI UJ g* LLI 0 0 c(LLI I IO—0ELL zO X Il LLI LL Q c-& &G& I/l L— iL&/'&uI/ -C&,L II d 1"zng // H &I// I//LI I'1 I H aI /,/ LII 0 CI &(LLI —0 LLI CLi0 X Ll LLI LL 1' Ill 0 Q c(Ill ~R—0 foal 0 zO X lL' LU Q Prepared by and return to Jason Ramey (515)242-4070 MIDAMERICAN ENERGY ATTN RIGHT-OF-VVAY SERVICES PO BOX 657 DES ivlOINES IA 50606-0657 J MIDANIERI CAN ENERGY COMPANY ELECTRIC TRANSMISSION LINE EASEMENT Folder No. Work Req.No. Project No. State of County of Section Township Range North West of the 5 'P.M I For and in consideration of the sum of One and no/100 Dollar (51.00),and other valuable consideration,in hand paid by MIDAMERICAN ENERGY COMPANY,an iowa corporation,receipt of ,vhich is hereby acknowledced,Ihe undersigned ownei(s),its successors and assigns,and the undersigned tenant(s)and parties of interesl (collectively the "Grantor"),does hereby grant to MIDAMERICAN ENERGY COMPANY,its successors and assigns ("Grantee"),a perpetual,non- exclusive easement to construct,reconstruct,operate,maintain,replace or remove electric supply line(s) for the transmission and disfribution of electric energy and for communication and electrical controls, including other reasonabiy necessary poles,towers,wires,guys,guy stubs,anchors and other reasonably necessary equipment incident thereto (collectively "Facilities")upon,over,along,and across ceriain pioperty described below,together with Ihe right to survey the property and the right of egress and egress to and from the same and ail the rights and pnviieges incident and necessary to the enjoyment of Ibis easement ("Easement Area'),including the right to trim,cut down and remove such trees,brus'n,saplings and bushes as may interfere with the proper construction,maintenance,operation or removal of said lines,upon,over,along and across the property descnbed below. DESCRIPTION OF PROPERTY CONTAINING EASEMENT AREA: DESCRIPTION OF EASEMENT AREA: INSERT DESCRIPTION OF EXACT LOCATION OF EASEMENT 2 Subjecf to the rights of the Grantee granled herein,Grantor shall have the right to cultivate,use and occupy the land No brush or other inflammable matenals shall be deposited or accumulated or burned within the easement area 3.Grantor agrees that it will not construct or place any permanent or temporary buildings, structures,fences,trees,plants,or other objects on the Easement Area described herein,or make any changes in ground elevation without written permission from Graiitee indicating that said construction or ground elevation changes will not result m inadequate or excessive ground cover,or otherwise interfere with Ihe Grantee's rights to operate and maintain ils Facilities,and that no act shall be perfornied which wolates the clearance requirements of the National Electrical Safety Code and/or the rufes of the stale utility regulatory authority where the Facilities are located. 4,In consideration of such grant,Grantee agrees that it will repair or pay for any damage which may be caused to tile,crops,fences,or olher property,real or personal,of the Grantor by the construction,reconstruction.maintenance,operation,replacement or removal of the Facilities (except for damage to property placed subsequent lo the granting of this easement)that Grantee delerminos interferes with the operation and inaintenance of the Facilities and associated equipment.The cutting,recutting,trimming and removal of trees,branches,saplings,brush or other vegetation on or adjacent to the Easement Area is expected and not considered damage to the Grantor. 5 Grantor certifies that it is not acting,directly or indirectly,for or on behalf of any person, group,entity or nation named by any Executive Order or the United States Treasury Department as a terrorist,'Specially Designated National and Blocked Person"or any other bannecl or blocked person,entity,nation or transaction pursuant to any law,order,rule or regulation that is enforced or administered by the Office of Foreign Assets Control;and are not engaged in this transaction,directly or indirectly on behalf of,any such person,group,entity or nation.Gran!or hereby agrees to defend,indemnify and hold harmless Grantee from and against any and all claims,damages,losses,nsks,kabiiities and expenses (including attorney's fees and costs) arising from or related to any breach of the foregoing certification. 6 Each of the provisions of this easement shall be enforceable independently of any other provision of this easement and independent of any other claim or cause of action.In the event of any matter or dispute arising out of or related to this easement,it is agreed between the parties that the law of the jurisdiction and location where this easement is recorded (including statute of limitation provisions)will govern the interpretation,validity and effect of this easement without regard to the place of execution or place of performance thereof,or any conflicts or law provisions.TO THE FULLEST EXlENT PERMITTED BY LAtN,EACH OF THE PARTIES HERETO WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF LITIGATION DIRECTLY OR INDIRECTLY ARISING OLIT OF,UNDER OR IN CONNECTION WITH THIS EASEMENT.EACH PARTY FURTHER WAIVES ANY RIGHT TO CONSOLIDATE ANY ACTION IN WIIICH A JURY TRIAL HAS BEEN WAIVED WITH ANY OTHER ACTION IN WHICI)A JURY TRIAL CANNOT BE OR HAS NOT BEEN WAIVED. 7,Grantor hereby reknquishes all nghls of dower,homestead and distributwe sha.e in and lo the Easement Area and waives all rights of exemption as to any of the Easement Area. Grantor understands thai homestead property is in many cases prolected from the claims of creditors and exempt from judicial sale;and that by signing this easement,Grantor voluntanly gives up any right to this protection for the Easement Area with respect to claims based upon this easement. S.Grantor warrants to Grantee that Grantor holds title to the Easement Area in fee simple and Granlor has good and lawful authority to grant the rights provided in this easomernk (Acknowledgmenis on following page) Dated ibis day ot ,20 lblSERT COMPANY NAME IF A CORPORATION STATE OF COUNTY OF ) )ss ) ACKNOWI FDGMENT This record was acknowledged before me on E SFGN,L~T~FI~T~E~E~COMPANY NAME ,20,by ~NAME OF Public Signature of Notary STATE OF COUNTY OF ) )ss ) ACKNOWLEDGMENT This record was acknowledged before me on OF PERSON S AND MARITAL STATUS) ,20 ,by (NAME Public Signature of Notary EXHIIP 8 Consent of Party in interest The undersigned does hereby consent to the terms and conditions of the Electric Transmission Line easement descnbod herein By' Its; Printed or typed name and title STATE OF COUNTY OF ) )ss ) This record was ac)mow)edged before me on ~PRHQN Tl LE COMPANY NAME ,20,by (NAIAE OF Public Signature of Notary