HomeMy WebLinkAboutReimbursement Agreement with Ventana, LLC for Ventana Subdivision Domestic Water
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ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 09/29/06 03:58 PM
DEPUTY Bonnie Oberbillig 1111111111111111111111111111111111111
RECORDED - REQUEST OF 106155846
Meridian City
AMOUNT .00
7
AGREEMENT
THIS AGREEMENT made this Z ~y of ~r.f- ,20 (P.b, by and between the
CITY OF MERIDIAN, a municipal corporation, h reinafter called CITY, and Ventana LLC,
hereinafter called DEVELOPER:
WIT N E SSE T H:
WHEREAS, DEVELOPER owns land inside the corporate limits of the City of Meridian and
has or will construct a domestic water system to their serve property or project, Ventana
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. DEVEWPER 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
trunk domestic water lines.
B. Construction of Domestic Water Trunk Lines.
(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) DEVEWPER shall provide all testing, sampling and other normally conducted
quality control/quality insurance of installed systems.
Ventana Subdivision Domestic Waterline Reimbursement Agreement
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(3) CITY shall provide inspection services for the construction of the domestic water
system described on Exhibit "A:'.
C. Omitted.
D. DEVELOPER and CITY Responsibility for Costs. Because the DEVELOPER will
construct additional domestic water improvements, as shown on Exhibit" A", at the
request of the CITY, it is mutually agreed that the cost of those domestic water
improvements will be shared as contained in Exhibit "B." It shall be the responsibility
of the DEVELOPER to provide 100% of the financing of the project with
reimbursement from the CITY in accordance with Section E of this agreement
"Reimbursement to DEVELOPER."
E. REIMBURSEMENT to DEVELOPER.
Because the DEVEWPER shall install, construct and erect domestic water system as
shown on Exhibit" A", the CITY shall reimburse to the DEVELOPER that portion of
the cost attributable to other development, which is $138,872 ,by refunding _50% of
the assessment fee collected by City in accordance with the City Ordinances 9-1-13 in
effect at the time the Building Pennits are issued for DEVELOPER'S lots within
DEVEWPER'S property, Ventana Subdivision, and adjacent development until the
reimbursable portion is fully paid to the DEVEWPER.
The CITY will make an audit of this agreement on a quarter! y basis, beginning three
months from the date of this agreement, and reimburse the DEVELOPER in accordance
with this agreement from the assessment fees collected during the audit period for the
DEVELOPER'S property, Ventana Subdivision _, and any appropriate portion of
assessment fees collected from immediately adjacent property being served by the
improvements in Exhibit" A."
F. Term of Agreement. Payments shall continue under this agreement until DEVELOPER
is fully reimbursed or for a period not to exceed ten (10) year from the date of execution
of this agreement by CITY.
G. Domestic Water Lines on DEVEWPER'S Property. As a condition for CITY entering
this Agreement, DEVELOPER shall:
Submit to inspection by either the Public Works Department or the Building Departn!ent
of CITY whenever a building is to be connected to the domestic water system
constructed and installed on and within its property.
H. Cost of domestic water Line on DEVELOPER'S Property. AIl 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".
Ventana Subdivision Domestic Waterline Reimbursement Agreement
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I. Compliance with Laws.
(1) In constructing and installing the domestic water system within its property,
DEVEWPER, 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 permits 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
systems.
J. 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
DEVEWPER, 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,
DEVEWPER 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
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. DEVEWPER shall provide CITY with a Certificate of
Insurance or other proof of insurance evidencing DEVEWPER'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.
K. No Assignment. DEVELOPER shall not assign any portion oftms 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.
L. Definition of DEVELOPER'S Property. The term "DEVELOPER'S PROPERTY" in
the Agreement shall mean the parcels described on Exhibit "A" attached hereto.
M. 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
DEVEWPER'S assigns, or successors in interest to said property.
Ventana Subdivision Domestic Waterline Reimbursement Agreement
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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:
LDre~
Name (pri ed)
O~
Signature..
Membu
Title
8-~5-D6
Date
Secretary,
STATE OF IDAHO )
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County of Ada )
On this ~ day of AuAU..~ . ,}(Dlo, before me the undersigned, a
Notary Public in and for said S~nally appeared Cnr~'1 PtJ.!'fu-./l . 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.
IN WTINESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first above written.
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Notary Public For Idaho
Residing at: t-Ja Mpa J ~)
Commission Expires: 1o-l'>6 ~D
(SEAL)
Ventana Subdivision Domestic Waterline Reimbursement Agreement
Page 4 of7
STATE OF IDAHO )
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County of Ada )
On this a&4I-' day of 1ffkvVlL^"(ru . ~oG , before me the undersigned, a Notary Public
in and for said State, perso y appeared 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.
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Notary Public For Idaho
Residing at: nuL!??'! JJ
Commission Expires: 10 -;';--- {(
Ventana Subdivision Domestic Waterline Reimbursement Agreement
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Exhibit "A"
The Domestic Water system referred to in this Agreement shall be that Domestic Water system identified,
described and depicted on the following Drawings:
Engineering Solutions, LLP
Sheet #S 1
Sheet #S2
Sheet #S3
Sheet #84
Sheet #S5
Ventana Subdivision No. I
Sewer and Water PlanIProfile
N. Beaham Ave! N Rio Vista Way
Sealed 6/23/05
Kathleen M. Stroschein
Professional Engineer
Ventana Subdivision No.1
Sewer and Water PlanIProfile
E. Ironstone DrivelE. Ironstone Court
Sealed 6/23/05
Kathleen M. Stroschein
Professional Engineer
Ventana Subdivision No. I
Sewer and Water PlanIProfile
N. Isla Way
Sealed 6/23/05
Kathleen M. Stroschein
Professional Engineer
Ventana Subdivision No. 1
Sewer and Water PlanIProfile
E. Quintessa OrIN. Zamora Drive
Sealed 6/23/05
Kathleen M Stroschein
Professional Engineer
Ventana Subdivision No. 1
Sewer and Water Plan/Profile
E. Producer Drive/N. Claret Cup Drive
Sealed 6/23/05
Kathleen M Stroschein
Professional Engineer
Ventana Subdivision Domestic Waterline Reimbursement Agreement
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Exhibit '"B"
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Ventana Subdivision Domestic Waterline Reimbursement Amount Computations
In accordance with Section 9-1-13, Meridian City Code.
Project Total Cost
$204,709
Portion of Cost Attributable to Oversizing Waterline from 12-inch Diameter to 16 -inch:
$73,035
to be reimbursed in its entirety
The balance of this Project Total Cost is attributable to the extension of the 12-inch diameter
domestic waterline:
$131,674
to be reimbursed at 50%, or $65,837
Total Amount of this Reimbursement Agreement: $138,872
Ventana Subdivision Domestic Waterline Reimbursement Agreement
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