HomeMy WebLinkAbout1999-07-12-Resolutions 99-68_Gilcrest Jewett Rail Spur - AgrRESOLUTION NO.99-68
AGREEMENT ]
WHEREAS,the City of Waukee,Iowa (hereinafter "City")and Iowa Department
of Transportation,(hereinafter "DOT")have agreed to establish a spur railroad track
based on a proposed Agreement,a copy of which is hereto attached,marked "Exhibit A";
and
WHEREAS,Gilcrest/Jewett Lumber Co.,and Iowa Corporation (hereinafter
called "Gilcrest")is vitally interested in the construction of said spur track;
IN CONSIDERATION OF THE MUTUAL PROMISES HEREIN
CONTAINED,GILCREST AND CITY HEREBY AGREE AS FOLLOWS:
1.Gilcrest hereby agrees to pay over to the City any funds which City may become
obligated to pay under the terms of Exhibit A.Gilcrest acknowledges that DOT
funding will not exceed $100,000.00;and any funds needed to complete the rail
siding project will be provided by Gilcrest.
2.DOT has required documentation as to the number of FTE's on the job (see
paragraph 12,Exhibit A)and Gilcrest hereby agrees that if the quota ofFTE's is
not met,and repayment to the State is required,Gilcrest agrees to reimburse the
State and hold Waukee harmless from any liability therefor.
3.Gilcrest agrees to indemnify and hold Waukee harmless from any claim,demand
or payment arising out of the provisions of paragraph 13 of Exhibit A.
4.Gilcrest understands and agrees that funding for the project under Exhibit A is
entirely dependent upon availability of State funds,and that Gilcrest has no
expectations of City providing any funding or contribution for the project.
5.A Rail Economic Development Application and Agreement will be submitted to
DOT on behalf of Gilcrest consistent with this Agreement.
6.This Agreement is made subject to approval of DOT.
GILCREST/JEWETT LUMBER CO.CITY OF WAUKEE,IOWA
By ~
President
By_~~
Mayor
Secretary
By ~
City Administrator/Clerk IBy~
Passed and Accepted this 12th day of July,1999.
Mark J.Arentsen,.y Administrator/Clerk
ROLL CALL VOTE AYES NAYS ABSENT
Nicholas C.Gruber
Marvin Berger
Robyn S.Heath
Bill Peard
Larry Lyon
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