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HomeMy WebLinkAboutMunicipal Telecommunications Utility - Office, Equipment and Indoor_Outdoor Space Agreement - 9.18.2023AGREEMENT FOR OFFICE, EQUIPMENT AND VEHICLE INDOOR AND OUTDOOR SPACE AT 625 GLENWOOD STREET The parties to the Agreement are the City of Waterloo, Iowa, a municipal corporation organized and existing under the laws of the State of Iowa (hereinafter "City"); and the Municipal Telecommunications Utility of the City of Waterloo, a municipal utility organized and existing under the laws of the StattetD�eof Iowa (hereinafter "Utility"). This Agreement is effective from and after the in day of pt , 2023 (the "Effective Date"). RECITALS It is the intent of the parties through this Agreement to set out the terms by which the City will provide certain office, equipment and vehicle indoor and outdoor space to the Utility and to specify the compensation the Utility will pay for that space and prorated utility cost. NOW, THEREFORE, the parties mutually agree as follows: 1. SCOPE OF CITY SERVICES. 1.1 City agrees to provide office, equipment and vehicle indoor and outdoor space. 1.2 The Utility will pay for its prorated cost of the gas, electric and phone utilities. 2. REPORTS. The City will provide Utility a copy of said utility bills. Reports covering other time periods may be available. 3. COMPENSATION AND PAYMENT METHOD. 3.1 Utility will pay to the City, on a monthly basis, $1,000 for the use of the administrative area along with two parking stalls. As the Utility expands and needs room for construction equipment, supplies, mezzanine and outdoor space the monthly cost will go up to $2,000 a month. Payments will be due within 30 days of payment request. a. Utility will pay to the City, on a prorated basis, its share of electric utilities. The prorated basis will be based on the occupied square footage listed below, as a percentage of the total area of the facility, (150,713 sq ft). The utility will also pay for phone utilities, at a rate of $45 per line. Payment shall be made within thirty (30) days of Utility's receipt of the monthly report documenting the utilities used. b. Administrative area along with two parking stalls GM Office — 136 sq ft Administrative — 258 sq ft Small Conference room — 278 sq ft Conference rooms @ 1/5 total — 150 sq ft 2 parking stalls — 368 sq ft c. Construction equipment, supplies, mezzanine and outdoor space 2 sections on mezzanine - 1 @ 1,872 sq ft and 1 ea @ 1,332 sq ft Total mezzanine for fiber — 3,204 sq ft Cold Storage — 5,945 sq ft Hoop Building — 6,912 sq ft 4. CHANGES/AMENDMENTS. The City reserves the right to annually re -negotiate pricing on office, equipment and vehicle indoor and outdoor space, as set out in Paragraph 3 above, to be effective on the Agreement anniversary date. Any changes or amendments to this Agreement shall be mutually agreed upon by Utility and the City and incorporated into a written amendment. 5. TERMINATION OF AGREEMENT. This Agreement may be terminated by either party by providing at least thirty (90) days advance written notice to the other party. This Agreement may further be terminated at any time by mutual agreement of the parties in writing. In the event of termination, City shall be compensated for all services performed up to the termination date, together with reimbursable expenses then due. 6. DURATION. This Agreement is effective the as of the Effective Date and shall be valid for an initial term of 24 months, and will automatically renew for year -by -year, with the option to terminate by notice of non -renewal at least 90 days before the anniversary date. 7. SEPARATE ORGANIZATION. No separate organization is formed or contemplated by this Agreement. 8. PURPOSE. The purpose of this Agreement is to provide office, equipment and vehicle indoor and outdoor space to Utility. 9. METHOD OF HOLDING PROPERTY. The parties do not contemplate that there will be joint ownership of any personal property, and each party shall retain its own personal property. There shall be no real estate purchased pursuant to this Agreement. 10. GOVERNING LAW. This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Iowa now or hereinafter applicable hereto. 11. ENTIRE AGREEMENT. This Agreement contains the entire Agreement between the parties hereto related to office, equipment and vehicle indoor and outdoor space and may not be changed except by an amendment in writing signed by the parties hereto. 12. AUTHORIZATION. Each party represents and warrants that, before execution, this Agreement has been duly approved by its governing body in accordance with Iowa law. 13. COUNTERPARTS. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which together shall constitute the same instrument. 14. SEVERABILITY. In case any one or more of the provisions contained in this Agreement shall be declared invalid, illegal, or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions contained herein shall not in any way be affected or impaired thereby. 15. COOPERATION. Each party shall cooperate in good faith with the other to implement the terms and intent of this Agreement. 2 [signatures on following pages] 3 IN WITNESS WHEREOF, the City has caused this Agreement to be executed by its duly authorized officers as of September 18 , 2023. ATTEST: By: ReTCey Fefhle Kelley Felchle, City Clerk CITY OF WATERLOO, IOWA By: Quertari 4 Quentin Hart, Mayor IN WITNESS WHEREOF, the Utility has caused this Agreement to be executed by its duly authorized officers as of , 2023. ATTEST: By: Kelley Felchle, Board Secretary MUNICIPAL TELECOMMUNICATIONS UTILITY OF THE CITY OF WATERLOO, IOWA By: Andrew Van Fleet, Board Chair 5