HomeMy WebLinkAboutMDC Implementation and Contruction of MDC Improvements for Pine AvenueSECOND AMENDMENT TO MEMORANDUM OF AGREEMENT BETWEEN MERIDIAN
DEVELOPMENT CORPORATION AND CITY OF MERIDIAN FOR IMPLEMENTATION
AND CONSTRUCTION OF MDC IMPROVEMENTS FOR PINE AVENUE PROJECT
This SECOND AMENDMENT TO MEMORANDUM OF AGREEMENT BETWEEN
MERIDIAN DEVELOPMENT CORPORATION AND CITY OF MERIDIAN FOR
IMPLEMENTATION AND CONSTRUCTION OF MDC IMPROVEMENTS FOR PINE AVENUE
PROJECT ("Second Addendum"), is made and entered into this ZL day of H6ZU 2018, by and
between the Meridian Development Corporation, an urban renewal agency organizeb under the laws of
the State of Idaho ("MDC"), and the City of Meridian, a municipal corporation organized under the laws
of the State of Idaho ("City") (collectively, "Parties").
WHEREAS, on November 22, 2016, City and MDC entered into a Memorandum of Agreement
Between Meridian Development Corporation and City of Meridian for Implementation and Construction
of MDC Improvements for Pine Avenue Project ("November 22, 2016 MOA") to cooperatively plan and
fund certain landscaping and other improvements as part of the Ada County Highway District
("ACHD")'s Pine Avenue Project roadway improvements, pursuant to a Cost -Share Agreement between
City and ACHD;
WHEREAS, City has requested that a sewer service line be bored instead of trenched, in order to
prevent damage to an adjacent tree, and to that end ACHD has submitted a change order to City for
payment;
WHEREAS, the work described in the change order relates to fulfillment of the MDC
Improvements as described and defined in the November 22, 2016 MOA, and to that end, MDC is willing
to pay for same;
NOW, THEREFORE, for and in consideration of the covenants, agreements and conditions
hereinafter set forth, the parties mutually agree as follows:
I. Exhibit A modified. Section 3 of Exhibit A of the November 22, 2016 shall be amended by the
addition of the following:
c. Measures necessary to preserve existing landscaping
II. All other provisions in effect. Except as expressly modified by this Second Amendment or other
duly executed addenda, all provisions of the November 22, 2016 MOA shall remain in full force and
effect. No other understanding, whether oral or written, shall be deemed to enlarge, limit or otherwise
affect the operation of the November 22, 2016 MOA or this amendment thereto.
IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly
authorized officers to be effective as of the day and year first above written.
ME AN DEVELOPMENT ORPORATION:
an--Ba�sa6m,air , Secretary
VM& vVIM'J!!1'ji $TG ` s
CITY O oPe PTEDgoGe, Attest:
BY: �° '�
Tammy d eerd, Mayo ❑�R . 0L �C. " Coles C ty Clerk
PRo1ECT MiREEM BETWEEN MDC ND Cl - Y RIYp7'Ho J PAGE I
SEAL,