HomeMy WebLinkAboutA005 - Memorandum of Agreement with Iowa State University Research Foundation dated July 10, 1979 MEMORANDUM OF AGREEMENT
THIS AGREEMENT made and entered into this 10th day of July,
1979, by and between the Iowa State University Research Foundation , Inc. ,
hereinafter called "ISURF" , and the City of Ames , Iowa, hereinafter called
"CITY".
WHEREAS, the CITY, on behalf of the Ames community, wishes to
insure the proper functioning of certain underground utilities, namely
the 4-inch sanitary sewer services to the single-family residences on the
Gateway Hills project, so as to relieve the City and the individual property
owners from incurring liability for potential problems with the Elastomeric
connector utilized for the construction of the 4-inch house services ; and
WHEREAS, ISURF is desirous of protecting the CITY and the individual
property ov,ners within its project by means of insuring the CITY and those
individual property owners , and is confident of the quality of workmanship
and materials used in the Gateway Hills project, WITNESSETH:
IN CONSIDERATION of the reciprocal promises herein contained and
the representations and warranties hereinafter set forth, the parties
covenant and agree as follows:
AGREEMENT
1. The CITY agrees to issue building and plumbing permits upon
request of the single-family lot owners only because ISURF agrees to hold
harmless the CITY from any liabilities arising from defects in the 4-inch
sanitary sewer services installed by ISURF, including the Elastomeric
connectors thereto, in the Gateway Hills Subdivision, for a period of ten
(10) years from the signing of this agreement.
2. ISURF further agrees that within said 10-year period, if more
than five (5) services or connectors fail , ISURF will replace all 4-inch
sanitary sewer services to the single-family lots within the project,
3. ISURF further agrees that it will covenant with each individual
lot owner, within the contract for sale, insuring against potential defects
in the 4-inch sanitary sewer services to the individual lot for a period
of five (5) years from the date of the Certificate of Occupancy for that
lot.
MAINTENANCE
1. The CITY, upon notice by the individual lot owner, can
without delay repair defects in the 4-inch house services. The CITY can
then bill ISURF for all reasonable costs it has incurred.
2. No notice need be given ISURF prior to the repair of defects
in the services.
GENERAL
1. This instrument contains all of the agreements, understandings,
conditions, warranties and covenants made between the parties, whether oral
or written. Any modification or amendment thereto must be in writing,
signed by the parties hereto.
2. This agreement shall be governed by and construed in
accordance with the laws of the State of Iowa.
IN WITNESS WHEREOF, the parties hereto have caused these presents
to be signed the day and year first above written.
IOWA STATE UNIVERSITY CITY OF AMES, IOWA
RESEARCH FOUNDATION, INC.
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By: By:
nie Grif Lee Fellinger, Mayor
Executive Di r o