HomeMy WebLinkAboutMOA with Silver Oaks ApartmentsE IDIAN --
Community Development
Department
Community Development Dept.
Meridian City Hall, Suite 102
33 E. Broadway Avenue
Meridian, Idaho 83642
MEMORANDUM OF AGREEMENT
Between the City of Meridian, by and through its Community Development Department
and
Silver Oaks Apartments, LLC.
THIS MEMORANDUM OF AGREEMENT (MOA)("Memorandum"), is made and entered into this
2nd day of August, 2016 by and between:
The City of Meridian, by and through its Community Development Department, with
an office located at 33 E. Broadway Avenue, Suite 102, Meridian, Idaho 83642-2619,
represented by its Development Services Manager, Bruce Freckleton, hereinafter
referred to as City;
and
Silver Oaks Apartments, LLC, with an office at 7630 W. Thunder Mountain Drive, Boise,
Idaho 83709, represented by its Executive Manager, David M Cooper, hereinafter
referred to as Developer;
The Developer has requested that the City issue building permits that allow for the complete
construction of the structures, including but not limited to concrete foundations, and vertical
combustible elements, located within Phase II of the Silver Oaks Apartment project sooner than
the City's normal protocol due to requirements coming from their financier, the U.S.
Department of Housing and Urban Development (HUD). Specifically, HUD does not allow any
work to commence prior to issuance of building permits and closing of funding.
The purpose of this MOA is to lay out the conditions and restrictions by which the City will issue
building permits that allow for the complete construction of the structures, as defined above,
located within Phase II of the Silver Oaks Apartment project earlier than normal City protocol
dictates. The subject building permits would not normally be issued without certain
prerequisite utility and site improvements being satisfactorily completed. Those certain
perquisite items include:
1. Sanitary sewer mainlines serving the subject project are tested following the service line
abandonment and re -alignment work contemplated in the approved for construction
plans.
2. Domestic water mains serving the project are installed, tested, and fire hydrants are
fully activated and operational.
Ph: 208.887.2211
www nneridiancitv.ora
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Fax 208.887.1297
Rev: 01/2011
3. Driveway/roadway base gravels are in place and compacted to be able to support the
weight of a fire truck (75,000 Lbs.).
It is understood and agreed that no construction on the structures, as defined above, within
Phase II of the Silver Oaks Apartment project can commence until the above prerequisite items
are satisfactorily completed. Developer shall assume all risk of loss or damage with respect to
construction of structures in violation of this MOA. Developer agrees to defend, indemnify, and
hold City harmless from any and all claims, damages, liabilities, or expense sustained directly or
indirectly by City (including , without limitation, attorney fees and costs), resulting from the
breach of this MOA. It is further understood and agreed that the project will be immediately
issued an Official Stop Work Order for failure to comply, and that the conditions outlined in this
MOA are in addition to any building code provision that would allow revocation.
The developer shall report to city when the prerequisites are in place so that inspections can be
verified and city will consider the MOA fulfilled. City will then notify developer of the official
status of the prerequisite items, and if deemed complete, will release the developer from the
conditions and restrictions outlined in this MOA.
IN WITNESS WHEREOF, the parties shall cause this MOA to be executed by their duly
authorized officers to be effective as of the day and year first above written.
SILVER OAKS APARTMENTS, LLC:
David M Cooper, Executive Manager
CITY OF MERIDIAN:
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