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HomeMy WebLinkAboutOaks Lift Station Amendment No. 1 Reimbursement Agreement (2)ADA COUNTY RECORDER Phil McGrane 2019-033394 BOISE IDAHO Pgs=7 BONNIE OBERBILLIG 04/24/2019 04:04 PM CITY OF MERIDIAN, IDAHO NO FEE AMENDMENTTO OAKS LIFT STATION AND PRESSURE SEWER This AMENDMENT NO. I TO OAKS LIFT STATION AND PRESSURE SEWER REIMBURSEMENT AGREEMENT FOR INFRASTRUCTURE ENHANCEMENT PURSUANT TO MERIDIAN CITY CODE SECTION 8-6-5 ("Amendment") is made and entered into on the _Za day of f ` ` , 2019, between NEW OAKS LLC, an Idaho Limited Liability Company, hereafter referred to as "Developer", and the CITY OF MERIDIAN, hereinafter referred to as "City". WHEREAS, pursuant to Meridian City Code Section 8-6-5, on the 9` day of February, 2016, a Reimbursement Agreement for Infrastructure Enhancement was entered into between Developer and the City, which was recorded as Ada County Instrument Number 2016-011639 on February 11, 2016 ("RAIE"); and, WHEREAS, the RAIE identified a sanitary sewer Service Benefit Area where excess Sanitary Sewer Infrastructure has been constructed by Developer and is available for future development; and, WHEREAS, the City and Developer have determined that it is necessary to make certain revisions to the RAIE to: (i) amend the Service Benefit Area to more accurately reflect the parcels benefitted by the excess Sanitary Sewer Infrastructure constructed by Developer and subject to the RAIE; (ii) adjust the time when reimbursement amounts are collected; and (iii) extend the term of the RAIE; and WHEREAS, capitalized terms used but not defined in this Amendment shall have the meaning ascribed to them in the RAIE. NOW, THEREFORE, in consideration of the mutual covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Developer and City hereby execute this Amendment, setting forth the amended terms of the RAIE as follows: 1. Recitals. The Recitals contained hereinabove are true, correct, material, and are hereby incorporated as if fully set forth in this Section 1. 2. Amendment. Exhibit B and Sections 3, 9,13, and 19 of the RAIE shall be amended as follows: a. Exhibit "B", referenced in Section 3 of the RAIE, is deleted in its entirety and replaced with Exhibit "B", attached to this Amendment and incorporated herein. b. Section 9 of the RAIE shall be deleted and replaced with the following: "The beneficiary reimbursement amount ($230.65 per ERU) and the administrative charge ($34.60 per ERU) shall be collected at the following points in the development process: (i) for residential development, prior to signature on the first final plat or in the event that there is not a final plat, prior to the issuance of the first building permit for the residential development; and (ii) for commercial development, prior to the issuance of each building permit." C. Section 13 of the RAIE shall be deleted and replaced with the following: "The term of this Agreement shall be ten (10) years from the date of that certain Amendment No. 1 to Oaks Lift Station and Pressure Sewer Reimbursement Agreement for Infrastructure Enhancement Pursuant To Meridian City Code Section 8-6-5 or when the maximum eligible _reimbursement amount is received, whichever comes first, and may be extended upon the recommendation of the Director and the approval of the City Council. Consistent with the provisions of the Development Agreement, the Director agrees to not unreasonably withhold and make best efforts to support approval of any extension required to ensure Developer is fully reimbursed for constructing the extra sanitary sewer capacity." d. The following terms and conditions shall be ADDED TO Section 19: "Any amendments to this Agreement may be recorded. in the land records of Ada County Idaho in the same manner as provided in the first sentence of this Section 19, including any subdivisions of the Benefitted Properties." 3. Effect of Amendment. Except as expressly provided in this Amendment, all of the terms and conditions of the RAIE remain in full force and effect. To the extent there is a conflict between the terms and conditions of the RAIE and the terms and conditions of this Amendment, the terms and conditions of this Amendment shall control. AMENDMENT No.1 TO OAKS LIFT STATION AND PRESSURE SEWER REIMBURSEMENT AGREEMENT - 2 IN WITNESS WHEREOF, the Parties have executed this Amendment to be effective as of the date first above written. NEW OAKS LLC By: COLEMAN I LLC, its manj STATE OF ) ss. County of ESTATE MANAGEMENT, manager On this day of 2019, before me, a notary public for the State of Idaho, personally appeared Noelle Gamble, known or identified to me to be the Manager of COLEMAN REAL ESTATE MANAGEMENT, LLC„ the Manager of NEW OAKS LLC, an Idaho limited liability company who executed the instrument on behalf of said limited liability company and acknowledged to me that such limited liability company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. CITY OF MERIDIAN NOTARY PUBLIC FOR Residing at My Commission Expires ATTEST: Tammy de Weerd, Mayor City Clerk STATE OF IDAHO ) ss. County of Ada On this day of , 2019, before me, the undersigned, a Notary Public in and for said State„ personally appeared Tammy de Weerd and , known to me to be the Mayor and City Clerk of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. NOTARY PUBLIC FOR IDAHO Residing at My Commission Expires AMENDMENT No.1 TO OAKS LIFT STATION AND PRESSURE SEWER REIMBURSEMENT AGREEMENT - 3 CALIFORNIA• • • • v� a'...':".ii L S.. A..+.:.a:A:.: �:.3 V fiA L'a:....3....s. i.. ................:.s..a..v L'� L ` in... 5 d.:..�.,y,;¢' ?-•6t`ti3!.'ii .:`:.i'=.$ri 1iii2�'j �a�sp€ :3•k::'`:i•`•€ :�.s`.�?: r� A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County ofy��cLt 1CJ�+ On g . b \ �� before yv `a ru Date Here Insert `Name and Title Officer C-=L personally appeared - �jzsc.,L \ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. JENNifER R. DVNN NotaryPublit— California z Santa Barbara County a Commission $ 2198521 My Comm. Expires May 21, 2021 Place Notary Seal and/or Stamp Above 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Sig OPTIONAL Notary Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other: Signer is Representing: ©2017 National Notary Association Number of Pages: Signer's Name: ❑ Corporate Officer Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other: Signer is Representing: IN WITNESS WHEREOF, the Parties have executed this Amendment to be effective as of the date first above written. STATE OF ) ss. County of NEW OAKS LLC By: COLEMAN REAL ESTATE MANAGEMENT, LLC, its manager to Noelle Gamble, manager On this day of , 2019, before me, a notary public for the State of Idaho, personally appeared Noelle Gamble, known or identified to me to be the Manager of COLEMAN REAL ESTATE MANAGEMENT, LLC„ the Manager of NEW OAKS LLC, an Idaho limited liability company who executed the instrument on behalf of said limited liability company and acknowledged to me that such limited liability company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate fust above written. CITY OF MERIDIAN Tammy de , Mayor �— STATE OF IDAHO ) ) ss. County of Ada ) NOTARY PUBLIC FOR Residing at My Commission Expires ATTEST: r)'v� r ity C r ------ On this 14" day of A Or l I , 2019, before me, the undersigned, a Notary Public in and for said State, personally appeared T� de Weerd and ( JA 610hYlpon D2�ttknown to me to be FO r• the Mayor and City Clerk of the City of Meridian, Idaho, and who executed the within in rument, and acknowledged G to me that the City of Meridian executed the same. 48 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Q NOTARY PUBLIC ,FOR ID HO CHARLEN Residing at W I / - SCJ -�J CONMOTftON My Commission Expires A - a'2 - Q.O A a NOTARY PUBLIC AD I N@s LIFTS ATION AND PRE SSURT SFWI `e T-3 EXHIBIT A EXHIBITA HAS BEEN INTENTIONALLY OMITTED FROM THIS DOCUMENT` AMENDMENT NO. I TO OAKS LIFT STATION AND PRESSURE SEWER REIMBURSEMENT AGREEMENT - 4 Exhibit B ._«