HomeMy WebLinkAboutMemorandum of Understanding with Autumn Faire Homewoners Association for Autumn Faire Sub HOA
City of Meridian
Public Works Dept.
RECEIVED
NOV - 8 2005
City of Meridian
City Clerk Office
Memo
To: Will Berg; Tara Green
From: Jon Mills, Staff Engineer
CC: File
Date: 11/7/05
Re: Proposed Agenda Item for November 15, 2005 City Council Meeting
The Public Works Department respectfully requests the following item be placed on the
November 15 City Council agenda, under Consent Agenda, for Council's consideration:
Memorandum of Understandinq with Regard to Maintenance of LandsC8pina and Sprinkler
System - Autumn Faire Subdivision
The memorandum d,escribes, in full, the agreement between the Autumn Faire Homeowners
Association and the City of Meridian, whereby the Association will maintain the landscaping
and sprinkler system once it has been installed by the City (installation via contractor,
Sunshine Landscape).
Recommended Council Action: The Public Works Department recommends
that City Council approve the Memorandum of Understanding with Autumn
Faire Homeowners Association and authorize the Mayor to sign it.
Thank you for your consideration. Please contact me if you have any questions regarding
any of these items.
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MEMORANDUM OF UNDERSTANDING
WITH REGARD TO MAINTENANCE OF LANDSCAPING AND
SPRINKLER SYSTEM
Autumn Faire Subdivision
THIS AGREEMENT is made and entered into by and between the CITY OF
MERIDIAN, IDAHO, hereinafter "City," and AUTUMN FAIRE HOMEOWNER'S
ASSOCIATION, INC., an Idaho corporation, hereinafter the "Association."
Recitals
WHEREAS, the Association owns the following described well lot real
property located within Autumn Faire Subdivision, to-wit:
See Exhibit "A" attached hereto and, by this reference,
incorporated herein as if set forth in full; and
WHEREAS, the City, at its expense, will be constructing a building to house
the well and water system on the well lot real property and a driveway into the well lot real
property, and will plant enhanced landscaping on the well lot real property, including the
installation of an automatic sprinkler system; and
WHEREAS, the Association has agreed, in exchange for the enhanced
landscaping and sprinkler system, to maintain the landscaping and sprinkler system once it
has been installed by the City.
NOW, THEREFORE, the City and the Association covenant and agree as
follows, to-wit:
Agreement
1. INCORPORATION OF RECITALS: The above recitals are contractual
and binding and are incorporated herein as if set forth in full.
2. MAINTENANCE OF LANDSCAPING AND SPRINKLER SYSTEM:
Once the City has installed the landscaping and automatic sprinkler system on the above
described well lot real property, the Association agrees to undertake the maintenance and
MEMORANDUM OF UNDERSTANDING WITH
REGARD TO LANDSCAPING AND SPRINKLER
SYSTEM - 1
Autumn Faire Subdivision
....
repair of the landscaping and sprinkler system at its sole cost and expense, including
replacement of any ground cover or plants that die or are diseased or damaged.
3. PERMISSION BY CITY: The City agrees that the Association shall
have permission to come onto the well lot real property for the purposes of accessing,
maintaining and repairing the landscaping and sprinkler system.
4. OPERATIONS MANAGER: The Association agrees to designate an
operations manager and direct such operations manager to perform the necessary tasks
required of Association under this agreement.
5. NOTIFICATION: Any notice between the parties shall be in writing
and shall be deemed delivered three (3) days following the mailing of such notice to a party
at the following address:
City of Meridian
City Hall
33 E. Idaho
Meridian, ID 83642
Autunm Faire Homeowner's
Association, Inc.
c/o Valley Property Management
PO BOX 44739
Boise, ID 83711
6. SITUS AND BINDING EFFECT: This Agreement shall be construed
under the laws of the State of Idaho. This Agreement shall inure to and bind the respective
heirs, legal representatives, successors and assigns of the parties.
7. ENTIRE AGREEMENT: The parties agree that this Agreement
constitutes the entire agreement between the parties hereto.
8. SEVERABILITY: In the event any of the provisions of this Agreement
shall be deemed illegal or unenforceable, such determination shall not operate to invalidate
any of the remaining provisions of this Agreement.
9. HEADINGS: The underlined paragraph headings are for convenience
only and are not a part of this Agreement and shall not be used in interpreting or construing
this Agreement.
MEMORANDUM OF UNDERSTANDING WITH
REGARD TO LANDSCAPING AND SPRlNKLER
SYSTEM - 2
Autunm Faire Subdivision
, -
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IN WITNESS WHEREOF, the parties hereto have duly executed this
Agreement as of the day and year first above written.
The Agreement will be effective on
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Owner CITY OF MERIDIAN
By:
By:
Name: Tammv De Weerd. Mayor
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Approved by City Council:
[CORPORATE SEAL]
[CORPORATE SEAL]
Attest
William G. Berg, If. City Clerk
Atte,t~7 a:,~
Address for giving notices
Address for giving notices
33 East Idaho Ave.
Meridian, ID 83642
Autumn Faire Homeowner's Assoc.
c/o Valley Property Management
PO BOX 44739
Boise, ID 83711
· If ASSOCIA nON is a corporation, attach evidence of authority to sign if other that President signing
MEMORANDUM OF UNDERSTANDING WITH'
REGARD TO LANDSCAPING AND SPRINKLER
SYSTEM - 3
Autumn Faire Subdivision
-...
Exhibit A
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I1ILMU RTREY
3150 N. Valley Green Way
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MEMORANDUM OF UNDERSTANDING WITH
REGARD TO LANDSCAPING AND SPRINKLER
SYSTEM - 4
Autumn Faire Subdivision