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Home My WebLink AboutReimbursement Agreement with Hightower, LLC for Hightower Subdivision Domestic Water . '" ADA COUNTY RECORDER J. DAVID NAVARRO BOISE IDAHO 09/29/06 03:58 PM DEPUTY Bonnie Oberbillig RECORDED - REQUEST OF Meridian City AMOUNT .00 6 1111111111111111111111111111111111111 106155847 ,,--,--.,..--".-..--.-------------"' AGREEMENT THIS AGREEMENT made this / 3~ day of ~,20 t1 t , by and between the CITY OF MERIDIAN, a municipal corporation, hereinafter called CITY, and Hightower, LLC , hereinafter called DEVELOPER: WIT N E SSE T H: WHEREAS, DEVELOPER owns land inside the corporate limits of the City of Meridian and will construct a domestic water system to their serve property or project, Hightower Subdivision , as shown on Exhibit "A" and has requested reimbursement for certain portions of the domestic water system; WHEREAS, upon recommendation of the Public Works Department, the Council of CITY accepted and approved the proposal of DEVELOPER subject to all conditions hereinafter provided by this Agreement. NOW THEREFORE, in consideration of the foregoing premises, it is agreed: A. Preparation of Plans. DEVELOPER shall prepare plans and specifications, drawings, instructions, bid proposal and all other contract documents for the construction and installation of domestic water system, shown on Exhibit "A", including rights-of -way, grades and elevation, and materials to be used in the construction and installation of said domestic water system. B. Construction of Domestic Water Mains. (1) DEVELOPER shall install and construct the domestic water system and appurtenances as shown on Exhibit "A", subject to the conditions hereinafter provided. (2) DEVELOPER shall provide all engineering, surveying, contract administration, permanent and temporary construction easements for the construction of domestic water system described on Exhibit "A". (3) DEVELOPER shall provide all testing, sampling and other normally conducted quality control/quality insurance of installed systems. (3) CITY shall provide inspection services for the construction of the domestic water system described on Exhibit "A". C. Construction Costs: Cost of the water main that is subject to reimbursement will be approximately $66,120.55 using unit prices and estimated quantities shown on the construction bid schedule, Exhibit B. Page 1 of6 - > .~- D. DEVELOPER and CITY Responsibility for Costs. Because the DEVELOPER will construct a ten-inch water line, as shown on Exhibit "A", at the request of the CITY, it is mutually agreed that the City will reimburse the DEVELOPER for 28% of the actual cost of the ten-inch water line in accordance with City Ordinance 9-1-13, and per the unit prices in Exhibit B. It shall be the responsibility of the DEVELOPER to provide 100% of the financing of the project. E. Term of Agreement. The CITY shall make payment to the DEVELOPER within 90 days of the acceptance of the project domestic water system. F. Domestic Water Lines on DEVELOPER'S Property. As a condition for CITY entering this Agreement, DEVELOPER shall: Submit to inspection by either the Public Works Department or the Building Department of CITY whenever a building is to be connected to the domestic water system constructed and installed on and within its property. G. Cost of Domestic Water Line on DEVELOPER'S Property. All costs and expenses, including the construction, engineering, advertising, clerical and legal and all licenses and permits which may be required for the construction and installation of the domestic water system upon and within DEVELOPER'S property, shall be at DEVELOPER'S sole expense. This condition specifically excludes the CITY'S share of the domestic water system on Exhibit "A". H. Compliance with Laws. (1) In constructing and installing the domestic water system within its property, DEVELOPER, at its sole expense, shall comply with laws, orders and regulations of Federal, State and Municipal authorities and at its sole expense shall obtain all licenses or pennits which may be required for the performance of this Agreement. (2) Upon connection to the domestic water system, DEVELOPER agrees to abide by all applicable City laws, rules and regulations pertaining to domestic water system. I. Indemnification and Insurance. DEVELOPER shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses caused or incurred by DEVELOPER, its servants, agents, employees, guest, and business invitees, and not caused by or arising out of tortuous conduct of CITY or its employees. In addition, DEVELOPER shall maintain, and specifically agrees that it will maintain, for a period of one year from the date of this Agreement, liability insurance in which CITY shall be named insured in the minimum amount as specified in the Idaho Tort Claims Act set forth in Title 6, Chapter 9 of the Idaho Code. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein Page 2 of6 provided, DEVELOPER covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions or judgments for damages or liability to persons or property. DEVELOPER shall provide CITY with a Certificate of Insurance or other proof of insurance evidencing DEVELOPER'S compliance with the requirements of this paragraph and file such proof of insurance with the public Works Department. In the event the insurance minimums of the Idaho Tort Claims Act are changed, the CITY shall notify the DEVELOPER of the change, and Tort Claims Act are changes, the CITY shall notify the DEVELOPER of the change and DEVELOPER shall immediately submit proof of compliance with the changed limits. J. No Assignment. DEVELOPER shall not assign any portion ofthis Agreement or any privilege here under, either voluntarily or involuntarily, without the prior written consent of the CITY, which consent shall not be unreasonably withheld. K. Definition of DEVELOPER'S Prooerty. The term "DEVELOPER'S PROPERTY" in the Agreement shall mean the parcels described on Exhibit "A" attached hereto. L. Binding Effect. An executed copy of this document shall be recorded in the office of the Ada County Recorders and is an Encumbrance which shall be binding upon all of DEVELOPER'S assigns, or successors in interest to said property. IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly authorized officers the day and year first above written. DEVELOPER: .-- .. H?-efJG7eiU- ~. iJae-K- Name (printed) 7-~ ./I- ~ r HMJIIJ~ f1C71L~ Title q )3 ~&1 Date Signature Secretary, STATE OF IDAHO ) ) ss County of Ada ) On this 13th. day of , 2fX;ft; , before me the undersigned, a Notary Public in and for said tate, personally appeared Fr-eder i ck. 01JeSee . and ,known or identified to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same. AIM ~ tW.UI Notary PIA*: State d.1daho ~ IN WITNESS WHEREOF, I have hereunt and year first above written. - - - MV CommIss/Qn ExpresM?ya.I2a2.Page 3 of 6 (SEAL) Notary Public For Idaho Residing at: Commission Expires: STATE OF IDAHO ) ) ss County of Ada ) On this J0'~ day of V~ l1-e/l , 1.JxG, before me the undersigned, a Notary Public in and for said State, personally ppeared TAMMY DE WEERD and WILLIAM G. BERG, JR, known to me to be The Mayor and City Clerk of the City of Meridian, Idaho, 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 first above written. ........ ..~-...t\QN~.. ...~~OT~~.. · , ...,e.. . , . . : I : . I , . . , , . .lJl\ ., . .....,.'~ ". ., ' . .~1jt 1O....'a.. (~~~ J~,' S . '"1 '. " '" / t [Cc~ ()( (l'lt#L/ Notary Public For Idaho _ ~ Residing at: VrLt {b Ct ) CJ Commission Expires: /0 -(<:(- {( Page 4 of6 Exhibit A 0-. _I .__;=-u I --~-----/! -~ - " ------;- ------------ -----~ --- --~- i JL~ US 20/26 i -1.-8 . r'l . -. . . . I ~ l.~~' 111.11 "'''-::1. I....~ U U UJ ,1U1 . AI proximately 15~0 ft of Ii m_____", lq:: I. ,'" 10" water maiD ,~ :1 I~~j - ! ~ 1,- ,", ~i~ i~ ---.,,,,"""~I~ .1: ,"_____" ~m,"___":___....._I____ =,""*~~ t:~---_._-" =---=----''''"'- or-J': ~,..- . , "__0'_-"':= i I :1- I 1J i 11 I. ',- :-9mf= --=- i_l- :-''"""1-: I~-I' -I-~~'-i i e-----+ I ,+==: _.,- I i == 1[1] T -= 11 == - " Jericho! - - - - -,,,,,- ~ ---. / --"- / ~JI __ ------.Y ~- '" - --- ~ tt. 0'" -- ~---- ~ - ~,' ~1/ J~~o~~v ,"'i ~~ _ I, ------1 " I ' ! / c-----! I Page 5 of6 / E J( /"1/ 4J? " -r 8 Hard Rock Construction, Inc. 4190 N. Star Road<>Meridian, ID 83642<>Phone 208-286-9456 Fax 208-286-9458 PROPOSAL Date: August 22, 2006 Project Hightower Sub. location: OwnerlContractor. Hightower LlC. Engineer: Date of Plans: BID INCLUDES: ITEM SCOPE OF WORK NO. DESCRIPTION Water Main (1) 10' Water Main (2) 10' Gate Valves (3) Flttif'g5 QTY UNtf 1523 FT @ 10 EA @ 1 LS @ UNIT COST TOTAl COST $ 33.85 S 51,553.55 $ 1.226.70 $ 12.267.00 $ 2,300.00 $ 2.300.00 'TCYT/rt.- f - h~112tj, Sf E S'T/)4+rELJ Re 1.,A.1 /k '/t s~~)-1tE A/ r ,Ih- ? gr I~ ~8 SIJ7S- / - Ez E$lilTlator 2004 All Rights Re:lOrVed Page o4oef-2-- ~ c~ Co www.ez-estjmator.com