HomeMy WebLinkAboutFirst Addendum to City Utilities Reimbursement Agreement - CostcoFIRST ADDENDUM TO CITY UTILITIES REIMBURSEMENT AGREEMENT
Meridian Idaho Costco
This FIRST ADDENDUM TO CITY UTILITIES REIMBURSEMENT AGREEMENT ("First
Addendum") is made and entered into this 2.`"[ day of 2019 ("Effective Date"), by and
among the CITY OF MERIDIAN, a municipal corporation tQt the State of Idaho ("City"); the ADA
COUNTY HIGHWAY DISTRICT ("ACHD"), a highway district created pursuant to the laws of the state
of Idaho; and COSTCO WHOLESALE CORPORATION, a Washington corporation ("Costco").
RECITALS AND AGREEMENT
1. The parties entered into that certain City Utilities Reimbursement Agreement dated
effective , 2019 ("Utilities Agreement").
2. The parties agree to modify Section 2.1 of the Utilities Agreement as follows:
2.1 Service Stubs. City desires the installation of sewer and/or water service
stubs for extension of City services to e third party property owners, as described
in Exhibit C ("Service Stubs"), be included in the Ten Mile Improvements. ACHD
has incorporated the Service Stubs into ACHD's design of the Ten Mile
Improvements. Upon substantial completion of the Service Stubs, Costco will
invoice City for the costs incurred for installation of the Service Stubs. Within
thirty (30) days of receipt of such invoice, City will pay the invoice in full. City is
solely responsible for collecting any payment from the third party property owners,
and City will pay Costco's invoice in full in accordance with this section regardless
of the amount or timing of any third party property owner payment to City. The
current estimated cost for the Service Stubs is Five Thousand Twe 14und..va F;r+,.
Dollars ($5,250) Eight Thousand Dollars ($8,000)• however, the parties
acknowledge this is only an estimate and Costco's request for reimbursement will
reflect actual costs incurred.
3. The parties agree to delete and replace Exhibit C of the Utilities Agreement with the
replacement Exhibit C attached to this First Addendum.
4. The parties agree to modify Section 4.1 of the Utilities Agreement as follows:
4.1 Project Costs. The parties acknowledge and agree that all of the utility
improvements described in this Agreement are included within the "approved
transportation improvements" described in the STAR Agreement. City has
allocated and appropriated all funds necessary to make each of the reimbursement
payments to Costco contemplated in this Agreement. The Cites reg es to provide,
at City expense, all inspection, field survey, and grade control required for the
installation of all Ci . improvements described in the Utilities Agreement and in
this First Addendum.
5. Unless defined herein, all capitalized terms in this First Addendum have the same
meaning as set forth in the Utilities Agreement. Except as expressly modified by this First
Addendum, all terms and conditions of the Utilities Agreement remain in full force and effect.
[end of text; signatures and exhibits follow]
FIRST ADDENDUM TO CITY UTILITIES REIMBURSEMENT AGREEMENT Page 1 of 3
Meridian City Council Meeting Agenda August 27, 2019 – Page 161 of 403