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HomeMy WebLinkAboutCooperative Construction and Reimbursement Agreement with Shepherd's Creek, LLC and Tuscany Development Inc. for Sanitary Sewer Trunkline Linder to Stoddard• • ~ 0 COOPERATIVE CONSTRUCTION ~ ~ ~a- o ~ AND ~ r, Qa REIlVIBURSEMENT AGREEMENT ~' 0 27-INCH SANITARY SEWER TRUNKLINE ~ 0 LIlVDER ROAD TO STODDARD ROAD o ~ .:~ ~° a o~ ~~ ~~ o .~ m ~ THIS AGREEMENT made this ~~day of ~ ~ I,t~~-~- , 2007, by and between the ~ o ~ ~ ~. CITY OF MERIDIAN, a municipal corporation, hereinafter called "CITY," and Shepherd's ~ o ~ o Creek LLC, hereinafter called " OFFSITE DEVELOPER" and Tuscany Development, Inc, ° y ~ o hereinafter called "ONSITE DEVELOPER." G O W W m QOOO~~ WITNESSETH: WHEREAS, OFFSITE DEVELOPER owns land inside the corporate limits of the City of Meridian and desires to construct a sanitary sewer system to be owned, operated, and maintained by CITY to serve their property and future City of Meridian property, shown as LINE B on Exhibit "A" and Exhibit "C," and has requested reimbursement for a portion of the sanitary sewer system; WHEREAS, ONSITE DEVELOPER owns land inside the corporate limits of the City of Meridian and will allow construction of the offsite sanitary sewer system across their property to serve their property and other CiTy of Meridian property, as shown on Exhibit "A" and has agreed to compensate the City of Meridian for a portion of the reimbursement to the OFFSITE DEVELOPER. WHEREAS, upon recommendation of the Public Works Department, the City Council of CITY accepted and approved the proposal of OFFSITE DEVELOPER and ONSITE DEVELOPER to construct the sanitary sewer system, subject to all conditions hereinafter provided by this Agreement; NOW THEREFORE, in consideration of the foregoing premises, the parties hereby agree: A. Preparation of Plans. ONSITE DEVELOPER has prepared plans and specifications, drawings, instructions, bid proposal and all other contract documents for the construction and installation of sanitary sewer system (hereinafter called "Project"), shown on Exhibit `B," including rights-of--way, grades and elevation, and materials used in the construction and installation of said trunk sanitary sewer lines. B. Final Approval of Plans. Prior to commencement of construction, CITY shall approve or reject, in its discretion, the Project plans. CITY and ONSITE DEVELOPER shall acknowledge in writing the final plans, and said plans shall not thereafter be modified in COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT -Page 1 of 12 '~E~ ?~' r.~ ;~. iF '~ } ~~. {;1 L~ -< ~ l.. ~i `~ ~.~ f; t?s '. ~~ G'f kt E~• 77F{ F ` ~ L.+ .-1 any material way unless such modifications are approved in writing signed by CITY and ONSITE DEVELOPER. C. Construction of the Project. 1. OFFSITE DEVELOPER shall install and construct the Project in compliance with and subject to all conditions provided herein. 2. ONSITE DEVELOPER shall obtain and/or provide all engineering, surveying, contract administration, and/or permanent and temporary easements necessary for the construction of the Project. 3. OFFSITE DEVELOPER shall undertake and/or provide all testing, sampling and other normally conducted measures for quality controUquality assurance regarding any and all installed systems. 4. CITY shall provide inspection services for the construction of the Project in accordance with CITY standards. D. Solicitation of Bids. OFFSITE DEVELOPER has solicited bids and published requests for bid proposals for construction of the sanitary sewer system from at least three (3) properly licensed public work contractors. OFFSITE DEVELOPER will award the construction to the lowest responsible bidder after obtaining concurrence from CITY of low bidder. E. Contract Terms. OFFSITE DEVELOPER shall provide CITY with a copy of the executed construction contract(s). All construction contract(s) shall include, at a minimum, the following provisions: 1. A requirement that the contractor provide payment and performance bonds naming CITY as an additional beneficiary as required by the Public Works Contractors License Act, Chapter 19, Title 54 of the Idaho Code. 2. A requirement that the successful bidder be licensed as a public works contractor. 3. A requirement that the construction of the Project shall be in accordance with the approved designs, plans, and specifications and be Substantially Complete within six (6) months from the date of the issuance of a Notice to Proceed from the City. For the purposes of this Agreement, the term "Substantially Complete" shall mean that the Project and all components thereof can be safely used for their intended purpose(s) despite the fact that some item or items remain uncompleted. 4. A provision that the time for Substantial Completion will only be extended by (a) acts of God, (b) war, (c) delays caused by CITY, (d) weather, (e) review and/or approval processes required by outside agencies not otherwise parties to this Agreement, (f) any request for extension of time approved in writing by CITY. COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT -Page 2 of 12 ~ ~ , . ~, ~ ~~ ~ 4 ;S. ` ~ ~~ F~, ~ i 41 ; ~ ; e F;. i. ~ Fj: , ~~ ~ ~- r ~ I ~ t ~ + k; r r 5. A requirement that the contractor shall maintain liability insurance insuring against bodily injury or death with limits of not less than One Million Dollars ($1,000,000.00) per person and per occurrence, and property damage with a limit of One Million Dollars ($1,000,000.00) per occurrence. Said requirement is extinguished upon acceptance of Project by City. 6. A provision that the contractor shall indemnify CITY and OFFSITE DEVELOPER from any and all claims by third persons arising out of the performance of the contract. 7. A provision that the contractor shall comply with all applicable laws, rules, and regulations, and that the contractor shall secure all applicable permits and pay all applicable fees. 8. A provision providing at least a one (1) year warranty on the operation and materials of the Project, which warranty shall be assignable to CITY, to be secured by securing a letter of credit in favor of City upon project completion in the amount often percent (10%) of the total Project cost. F. Conditions Precedent to Execution of Construction Contract(s). Prior to execution of any construction contract, the following conditions shall be satisfied: 1. OFFSITE DEVELOPER shall obtain written approval from CITY of the form and terms of such construction contract, which approval may be withheld for any reason, including but not limited to OFFSITE DEVELOPER's failure to obtain a construction contract that contains the provisions required by this Agreement, but which approval shall not otherwise be unreasonably withheld. 2. Any easements required for the Project or the construction thereof shall be deeded to CITY and recorded prior to construction of the Project. G. OFFSITE DEVELOPER and CITY Responsibility for Costs. Because the OFFSITE DEVELOPER will construct oversized sanitary sewer improvements, as shown on Exhibit "B", at the request of the CITY, it is mutually agreed that the cost of the Project will be shared as depicted in Exhibit "C," subject to actual cost verification by City. OFFSITE DEVELOPER shall fund 100% of the cost of the Project, estimated at $519,989.00, with reimbursement from the CITY in accordance with the provisions of this Agreement . H. Chan~;e Orders to Construction Contract. OFFSITE DEVELOPER shall obtain the written approval of CITY before approving any change order to the construction contract if (a) the cost of the change order will exceed one percent (1%) of the contract price or (b) the cumulative total of all previously approved change orders exceeds ten percent (10%) of the contract price. In the event of a change order, CITY and OFFSITE DEVELOPER shall execute an amendment to this Agreement to record the amount of the change order to be reimbursed to OFFSITE DEVELOPER, if any. In the event that a change order or other amendment to the construction contract results in a cost savings, CITY and OFFSITE DEVELOPER shall execute an amendment to this Agreement to COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT -Page 3 of 12 • reflect how the cost savings will be allocated between CITY and OFFSITE DEVELOPER. I. Completion of the Project. 1. Upon final completion of the Project, OFFSITE DEVELOPER shall furnish to CITY written certification that the Project has been completed in accordance with the approved plans. Within fifteen (15) days after delivery of the certificate of completion, CITY shall either accept the same or provide a written itemization of those matters it reasonably finds to be non-conforming with the approved plans, in which case OFFSITE DEVELOPER shall promptly cause the remediation of all non-conforming matters. 2. Upon completion of the Project, OFFSITE DEVELOPER shall deliver to CITY comprehensive as-built drawings for the Project in both a reproducible, printed format, on both mylar and in electronic files in AutoCAD format. 3. Upon completion of the Project, OFFSITE DEVELOPER shall complete all paperwork necessary to assign to CITY the contractor's one (1) year warranty of the work and materials on the Project. 4. Upon completion of the Project, OFFSITE DEVELOPER shall represent and warrant that the Project is free and clear of all liens and encumbrances not created by or with the written consent of CITY. COOPERATIVE CONSTRUCTION AND REIlVIBURSEMENT AGREEMENT -Page 4 of 12 ~~ ~ ~ { F ~ ~ P r ~ I ~~ r ~ ~ ~ e~ ~ ~ .,; i °~ x• .,~~ {{ ~y: Y is - r. ~ 'i4 ~Ir r,~' r~ i,~ S ~ ' ~~ S {6 p . I ' 4' Y ~i,, i~ i^ .}, , ~ :~ ., f } is .S '1 )- .~4r JE. ~ 1 ,y y~ 4£ F3F T4S{ ;4. .~~ e , : M F '1~',i' rF'-w~i `, ~ %Y N. 6. q r i '~ 4 .~ vf. tiC' ,. s, s. t {2 f i ' + ~ ~ `~" ' - y ~ } 1 ~~ ~" ~' .l• F - ~ ,,5 {;.. ` s~ : €, ~ y JSF~ ~ x r.; 'j.1 j :i' 1 4~ ~k~• `Y'F ~ ~ 4 Fi ~ ~~4 F L~ J. Reimbursement to OFFSITE DEVELOPER and Fee Payment from ONSITE DEVELOPER. 1. Estimated Total Reimbursement. Because OFFSITE DEVELOPER will construct the Project, CITY shall reimburse to OFFSITE DEVELOPER 100% of the cost allowed by City Code, with the total reimbursement to the OFFSITE DEVELOPER estimated at $519,989.00. 2. Method of Payment. To receive payment, OFFSITE DEVELOPER will provide CITY with a written invoice for Reimbursement. Upon receipt of such invoice, CITY will pay such invoice within thirty (30) days after receipt, provided that OFFSITE DEVELOPER is in compliance with all other terms and conditions of this Agreement, including, but not limited to, section J(3), below. 3. Reimbursement Payment. CITY shall make to OFFSITE DEVELOPER in one Reimbursement Payment. Adjustments based on actual costs incurred, where incurred pursuant to written change orders approved by CITY as set forth herein, will be allowed upon approval of such adjustments by City Council prior to OFFSITE DEVELOPER's request for the first Reimbursement Payment. CITY shall make the Reimbursement Payment upon (a) OFFSITE DEVELOPER's satisfactory completion of the construction of the sewer improvements; and (b) OFFSITE DEVELOPER'S submission to CITY proof of costs and CITY's approval of such proof as substantially conforming to the estimated costs in the proposal approved by City Council. The Reimbursement Payment shall be subject to submittal of a Letter of Credit to the City of Meridian in the amount of 10% of the total Project cost to secure the one year warranty as required of contractor in section E(8) of this Agreement. The Letter of Credit shall be released in full after a 1- year warranty period from the date of acceptance subject to any costs incurred by the City for rework or warranty issues during the 1-year warranty period. City shall notify OFFSITE DEVELOPER in writing of warranty issues or necessity for rework and OFFSITE DEVELOPER shall commence work within 30 days of written notice. If OFFSITE DEVELOPER fails or refuses to undertake warranty or rework within the timeframe noted, City may apply letter of credit to warranty work and account for funds disbursed. The letter of credit shall not be deemed a limitation of the OFFSITE DEVELOPER'S obligation to fully warranty the Project for the one year period. 4. ONSITE DEVELOPER and CITY Responsibility for Costs. Because the ONSITE DEVELOPER has paid for the engineering, survey, and management of the oversized sanitary sewer improvements and would have constructed the oversized sanitary sewer improvements at a later date, as shown on Exhibit "B", at the request of CITY, it is mutually agreed that the cost of those sanitary sewer improvements will be shared as depicted in Exhibit "C", subject to actual cost verification and final approved plans. The ONSITE DEVELOPER shall provide a portion of the cost of the project, with payment to the CITY in accordance with section J(5), below. 5. FEE PAYMENT from ONSITE DEVELOPER to CITY. Because ONSITE DEVELOPER would have constructed the sanitary sewer system as shown on Exhibit "B", the ONSITE DEVELOPER shall pay to the CITY a portion of the cost, as allowed COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT -Page 5 of 12 by City Code, after a 2.5% addition for an administrative fee, with the FEE PAYMENT estimated at 169 397. K. Sanitary Sewer Lines on ONSITE DEVELOPER'S Property. As a condition for CITY entering this Agreement, ONSITE DEVELOPER has or will request and submit to inspections by the Public Works Department and/or the Building Department of CITY whenever a building is to be connected to any and all portions of the Project constructed and installed on and/or within ONSITE DEVELOPER's property. L. Compliance with Laws. 1. In constructing and installing the Project on and/or within its property, ONSITE AND OFFSITE DEVELOPER, at its sole expense, shall comply with any and all laws, orders and regulations of Federal, State and local authorities and at their sole expense shall obtain any and all licenses or permits which maybe required for or in the course of the performance of this Agreement. 2. Upon connection to the City of Meridian sanitary sewer system, ONSITE AND OFFSITE DEVELOPER shall abide by all applicable CITY laws, rules and regulations pertaining to sanitary sewer systems. M. Indemnification and Insurance. ONSITE AND OFFSITE DEVELOPER (for purposes of this paragraph, "DEVELOPER") shall each separately indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, andJor injury to persons or property and losses and expenses caused or incurred by DEVELOPER, its servants, agents, employees, guests, and/or business invitees, and not caused by or arising out of tortious conduct of CITY or its employees. In addition, DEVELOPER shall maintain, and specifically agrees that it will maintain, until CITY accepts the Project as per Section I, 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 such 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 and/or judgments for damages and/or liability to persons and/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 by filing such proof of insurance with the City Clerk. In the event the insurance minimums of the Idaho Tort Claims Act are changed, CITY shall notify DEVELOPER of such change, and DEVELOPER shall immediately submit proof of compliance with the changed limit. N. No Assignment. ONSITE AND OFFSITE DEVELOPER shall not assign any portion of this 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. COOPERATIVE CONSTRUCTION AND REIlVIBURSEMENT AGREEMENT -Page 6 of 12 • i O. Remedies upon Default. 1. Default by ONSITE OR OFFSITE DEVELOPER. In addition to such other remedies at law or in equity that CITY may have, in the event ONSITE OR OFFSITE DEVELOPER fails or neglects to perform its obligations under the terms and provisions of this Agreement in the time and manner required herein, CITY may withhold any reimbursement due to OFFSITE DEVELOPER hereunder until such default is corrected to the satisfaction of CITY. 2. Default by CITY. In the event CITY fails or neglects to perform its obligations under the terms and provisions of this Agreement in the time and manner required herein, ONSITE AND OFFSITE DEVELOPER shall be entitled to all remedies available at law or in equity. P. Attorney Fees. Should any party find it necessary to employ an attorney for representation in any action seeking enforcement of any provision of this Agreement, or to recover damages for breach of this Agreement, or to resolve any disagreement as to the interpretation of this Agreement, the unsuccessful party in any final judgment or award entered pursuant to such action shall reimburse the prevailing party for all reasonable costs, charges and expenses, including attorneys' fees expended or incurred by the prevailing party in connection therewith and in connection with any appeal, and the same may be included in such judgment or award. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. Q. Notices. Any notice desired by the parties and/or required by this Agreement shall be sent via United States Mail, registered or certified mail, postage prepaid, return receipt requested, and shall be addressed as follows: CITY: Meridian City Engineer City of Meridian 200 E. Carlton, Suite #101 Meridian, Idaho 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Ave. Meridian, Idaho 83642 ONSITE DEVELOPER: Tuscany Development, Inc 6 223 N . Ara cCvFR.V Bo~~e, ~a X37/3 COOPERATIVE CONSTRUCTION AND REIlVIBURSEMENT AGREEMENT -Page 7 of 12 ~; ;, +> j .': { ~ ' ~s ,.r }`.. r `• 'i j k'. L 1.: ~ ~ '. i a~= ~ j `` (;`f, t, ~ F... ~, r:; ~- ~ E ~~~~ ~t~~~ t~, OFFSITE DEVELOPER: Shepherd's Creek, LLC ~ d~a.~ ~ ~ ~ ~s$,~ Such notice shall be deemed delivered if and when delivery is accepted or three (3) days after deposit in the United States Mail. Either party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. R. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Idaho and the ordinances of the City of Meridian. S. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of this Agreement as if the exhibits were set forth in their entirety in this Agreement. T. Entire Agreement. This Agreement and the exhibits hereto constitute the full and entire understanding and agreement between the parties with regard to the transaction contemplated herein, and no party shall be liable or bound to any other in any manner by any representations, warranties, covenants and agreements except as specifically set forth herein. U. Definition of DEVELOPER's Property. The term "DEVELOPER'S Propert}~' in the Agreement shall mean the parcels shown on Exhibit "A" attached hereto, and more specifically all of the property included in the Shepherd's Creek and Bearwood Subdivisions. V. Binding_Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their heirs, successors and assigns, and shall survive any transfer by DEVELOPER of DEVELOPER'S Property. To assure that Onsite Developer's successors and assigns are aware of the reimbursement obligation set forth in section J(5), this Agreement or a Memorandum thereof shall be recorded against the Bearwood Subdivision in the land records of Ada County, Idaho. W. Reports and Information. At such times and in such forms as the CITY may require, OFFSITE DEVELOPER shall furnish to CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. X. Audits and Ins ections. At any time during business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of OFFSITE DEVELOPER'S records with respect to all matters covered by this Agreement. OFFSITE DEVELOPER shall permit the CITY to audit, examine, and copy such records, and to make audits of all contracts, invoices, materials, payrolls, COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT -Page 8 of 12 r. - . ;j~ . t 4 }_ ~~ t. ~ k ~;'. 1 ~ t i ..Y [.' i .. ~'.' i ( ' 3 n ~' ~ 1 ~ ~ ~ ~ C~ .F ~; c: ;.t ~::; ~. ~ ° r~ ~ ~. r~ L records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. Y. Construction and Severability. If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly authorized officers the day and year first above written. ONSITE DEVELOPER: Tuscany Development, Inc .Cftai Grove Name (printe Signature S~c,~~^y Title Date OFFSITE DEVELOPER: Shepherd's Creek, LLC ~~ ~ Name (printed) !~~ S' afore CITY: T e ERD, MAYOR Date Attest: ~ ~6 ~ ~6Z~ ~~ g' ~i~~ 07 COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT -Page 9 of 12 !'~tg~titck 1 l4~i 11/1$w)pppp f£A ~ ~ `b/' 1 Y ~ • J WILLIAM G. BERG, ., CI Y CL~ - ®~~, <-l~ C` O ~ ~,A ~~ ~' ~ `'~ ~@J~ ,gym °~8 `• %6< ~~ Oti~~t` A,/pFFlFPP11f11 li4„9iiiiti@#~ - -: COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT -Page 10 of 12 ~ '~ r ~ 1 r ~ i #s ! ~ ~ ~ ~ 113~ ' ~ ~? Vii.. Ai ~, ~ ~ ~ t a„ ~ y y ~! ~ ~ 1 f- { ~ ~ ~ h 2 ~ ~~ ~~ ° h 1 i ~~~' i ~~ °, t ~ ~ ~ k ~~ ~~ ~ ~ ,. ~ i ~ A 44~ ~ ~ l e ~ P y ~~ c.. ~ ~ ~:-~ ~ ' o F '~ F? • f ~ ~ ~ r . ~ j - ~ ~ ~< < ~ ~ ~ . ~ ~ . y r d,} G ~ : f g ~ S SI 3 ~~'A ~ } 1~~ ~~ ' y f$ L } (}~ ^)~ 1 { 7 Y t1 } ti{S s P k~5 '~ ' : ~ t i~ r ~i ,' f~ ~: ~ ' { r # ~ j j - (( I f 1 if i 1 ~ F ~ ?$~~~ ~ r: "`f ~F ~ ~ )~ ~ 3 Z ~ ; i ~ ? iy ,I '[ 3 { , ~ ~~ + 1 j ! ~ L - ~1 t ~ ~ ~~ 7~ f ~~ (}~ j S ~, F ~ ,~ ~ ~ ~ i + e 7 i tc 3. %. ~~7 } t ` 7 k A f ~f .-. F F~ ?I t i ,` .~~~ ~~ ~ f t ~~ 3~ { ~'r 14 ~-v -~. t;~ -~ ~ ~ ~~ ~f ~ ~ ~ ~ ~ ~F • I;~ I ~4 i~ STATE OF IDAHO On this day of ,200 b fore me the undersigned, a Notary Public in and for said S e, personally appeared . ~ ,known or identified to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he/she executed the same. ss County of Ada ) IN WITNESS ~~.~~Qf and year first abo~t~en. ~,~' ~ •~' ~®T AR j' ® ~ ~~ ~t * puBL~~ s ®O®®~.~ ~,E e®g a ~ ••,,• STATE OF IDAHO ) set my hand and affixed my official seal the day Notary PubTi~ For I o Residing at: ~ Commission Expires: ~~- ~ _~ ~ ss County of Ada ) On this ~_day of ,20 foe e e undersigned, a Notary Public in and for said S te, personally appeared ~e ,known or identified to me to be the person whose name is subscribed to within instrument, and acknowledged to me that he/she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ~..••`'8~N Q ~~Tw~ f, ••• ~, pU8 L1C ~~~'~F QF IU~'~`'~ ~'••-- Notary ublic F Resi at: Commmssion Expires: COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT -Page 11 of 12 ,. ~. ~ ~~ ~ '~{ ~ _~ ~:' i~ f ~ ` ~s ? r.x '%" [ ~' s ~ ~, ' ~ fi ~ i, ~; ~ .[ ~ ~=~~, i t, ~ e ~f. ~ ~ 1 - t ~'.-~ !% +.-i C ~ s k;' ~~ ~ ~~ ; ~~ '~ f i~ s STATE OF IDAHO ) ss County of Ada ) L I On this day of ~ ~~ btL~-~-~ ,2007, before me the undersigned, a Notary Public in and for said State, personally 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 they executed the same on behalf of the City of Meridian IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. r~~s.® ~'~ ,$ •m ~~ ~T~R~ o • e • •~~1t~~~v~?ti~~ ~' Notary Public For Idaho Residing at: ~y L L~..~;'~a~,.~ 01 c~ Commission Expires: G~ - /,~- COOPERATIVE CONSTRUCTION AND REIlVIBURSEMENT AGREEMENT -Page 12 of 12 y jE j `}I ~ ~ 3'1 ~5 (C~,~ ~ .I Y' i y ~ L l t { ~h ~ a i Jy t f 1 - N k - 7 F ~,~~ ~ FI~. ~.- .~.llk'' ~ E ~ ;f~ 5}}~~1'. ~ M S Z { dC t ~ ~ _ - { ~` fff ~. + (#[ ~S ~` [ ~~~. y° 777 '....lllN ¢ t L f z ~ w ,~ ~~ s , ~ ~t }+ ~, 1 . ,~ a I}'a' ~ji C__i ! ~~ ~. . ~t ~:- ~ # ~i t _'~ _ ~ , i-~ r. ~~=. t~ ~° Ct j; (~ ~;, ~t r: ~ _.. c_ t! t; M ~T< .,. ~~. f•: ~:: } @9 r.. `~ 3 t ~~ y'' ;. ~: ~'' €i a~i r~'~ Pi. s e. i f }~ ;;' ~ ~ F 5;( r~'~~~+ ~~~~1~3~rT f2 LJ ~~I®1~3W ~~ ~~ ~~ ~ W o ~ M ®~tl®®OlS 0 0 ~; °O ~, s ~ ~~ J 6® ii ~ ~- 0 ®~~j~3ol 3~IW N31 ~ a_.,~ ~ ~ C~ a ~ ~ x cs~ ¢- c~ L'"-~.. ~~ ~~~~~~~ ~e ~~ ~e ~~ ~~ ~~ ~~ 1 _ I - -~ ~,/ ----~ -~ T ~ ~ i~ i - - - ~~~~ -~7`Jy~~ o. h ~~T 7,~ ~v 0 s~ ~r; r L ~ Z =~~.~_~ ~~~~g~~~ ~~'~~~~~'~ ~~~~~~~~ ~3~~~~~~~ } ~~~~~ ~~i- ~ ~ 111~~ f ~ ~~ ~~~ ,~ ~~ T ~ - --~ °"SM01.L1170s' ~~ aa-a~~H~©a,~ ~~~~i~iii~~iJ I -T~~~ ~.LLLL~ i 7~~~~.~Z~ [ ~.r T ~ ~ T<.~~ ~ ~ 7~ 1 f-~ ~~ -J ~. ~~ ~ ~~ rig ~~ ~~ s$~ t$ ~ ~~ ~ ~s '~ ~~ ~~ ~~ ~~ ~~ ~ ~ ~ ~ ~ I I ~~~ -~ ~~ Q ~ I ~ I; _~~ g ~~g~~~ ~ ~ I ~ a~ ~ ~~ ;aat~ ~a i~B~ylf ~~~~ ~i~la ~ '~~ ~ ~ ~9 Paaa~a"~~Ps~Pe~~~~~s~r qagP a q~ Qa °~. ~! 99 ~~ s~ta ~ °~ P~Ei gye ~~~y 8~. ;jy~~ t a~ 3y g~~ a~ ~ ~y ° ~ ~ i ~gp ~ y 9 ~g ~y e PP° e~, a~^&$~a~ ~ ~ g~B @ § 9 ~ t 999 133NS 311LL'~ ~ ~ ~~ ~ r „•~ •~~•~ -~+~. •>: ~~ xis T 'OH 1~TOI~IIAIQ9iA8 a ~ H aooe~~g ~ ~ ~ ~ :~v~ NOLLOf1LLLSNOO MOd O3AO21ddt~ lON ~~ ~°~ ~~ _~~ ~~~ ~~ ~~ g ~ ~~ ~ d ~~~~~~~ ~~~~ ~~~~ m ~e~~~~~~~~~~~~~~~ ° o ° ° ° ° ° ° v 1 ° ~ ° ° ° ~ ° ° ° N 1 ~ a ~ ~ ~~ ~~~ ~~s~~~~ m R & fJ~N~~~E9£9~M~~XS1~ ~~~~ ~ ~~~~~ ~~~~~~ ~ ~ ~ ~ ~ ~r ~ ~ ~~~ v v v ~ v v v v o o ° ~ e v e v e ~~~~~~~~~ ~ ~ ~ ~ ~ ~ x ~ ~,< a ag ti ye] ~ x ~ 99.9a~c ~•j®~ q ! 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E ~` i, (~ i~ t ~; V ' t r 4. ~. t ~~-: ~ ~ , -i r R. ~ i i E ~; ~ fit, ~: ~ ~ 3 § ~ ~ r I C. 3 ~ . ; ~ ft ~i+' ~ . r , EI r , ~. ~°~ , ; ; ~~~~_, 'y. 3 i i~ jt ~ p ~, .. ~' i. i t y~ ~ ~~ e r, C ~ 1 i. i~ ~, ~ i ,, ei~. i t, ` ~ s ~,, yy; 4 ~ ; ~' ~, t ~' i 61 ~. ylA }r { 1 1 ~ ~ ; i y ~.l ~ t 1 $ ~1 d ~ 7 1 1 ,j ~~ ~ z ~ tt f 1 ,1 ~~ ~ ai t ACHD Inspection -$2,000 Fee Payment Subtotal $160,408 City Admin (2.5%) $8,990 (2.5% of Reimbursable Construction) FEE PAYMENT $169,397 AMOUNT TO BE PAID BY BEARWOOD TO CITY PRIOR TO PHASE 1 LINE B FINAL PLAT SIGNATURE FOR LINE B CONSTRUCTION NET COST City of Meridian $670,634 64.9% $519,989 Shepherd Creek (Line B) Reimbursement (Sep/Oct 2007) $320,043 Plus Southridge (Line A) Reimbursement Payment (Dec 2007) -$169,397 Minus Bearuvood (Line B) Fee Payment (Spring 2008) Includes $17,196 Admin Fee Southrldg® $169,867 16.5% $454,690 Southridge (Line A) Construction Costs (Aug/Sep 2007} -$320,043 Minus Southridge (Line A) Reimbursement (Dec 2007) $35,219 Plus ESMF Bearwood $192,097 18.6% $169,397 Bearwood (Line B) Fee Payment (Spring 2008) $22,700 Plus ESMF GRAND TOTAL $1,032,598 100% Prepared By: Matthew B. Schultz Firon: RMR Consulting, Inc. Date: August 21, 2007 rs 7 1 E! ; 1... w% ~R ~ E • 7 i` € '3.•t P i 1:E-- ~ 1>y is ;~ 7 § ,• S ~$." f• ~ ' fr'~ st j ~' i t = Y ~~ ,., •i t ( k. # . ; is ~ •'E f~ . f + e j 't SS .hry Y} i ~5, { ~) t • ~ f 3 1 ~ ~ ~ ' , i , ~ ~ ; { a A ~ - ` l . ~ ~ A; ^ ti l 'Y gq i '' .7 .ti+~ A " Z { ~ i j, '~~ • ~r " i ~~ ~ s r f ~' . tom. :.• •~ ' ~ .Y .i{ x . ~. jr .s: y :' :i i' g••y ' : 57: ~ j : { F ~ t 1 i :{ j f 4 a S'f } 4 d~l` i b irty , S 1' •~~ . i ! p ? Y F S {{ . ;~ ~ '.fit '.] ~~ S I r ••''t P i 1 t; t~ }T . .'v n. F i 1 ~ SS S " 3 ~ { ' S L ~ 4 •I ~ i . 1 - Y~ - , . F , j ( ` •j9 ~]. # •J}' 1: 1't.; ~f'~ ` {. 3} ~~ ~ ~ } ' k F jS3 ~ ~ p s,- i ! ~_ ~' . f 4 ~~ 3 A :<„~ % A._ ~i. $ ,i d: :E-~a X3 ~. •~• • IDAHO SURVEY GROUP Project No. 04-268 DESCR1PTlt3N FOR BEARWOOD SUBDNISION NA.1 1450 East Wa~rtower SG Suite I50 ~'I~'idian, ldaha 83642 Phone (208) 8Ab-8570 Fax (Z08) 884-5349 February 6, 2007 A parcel of land located in the NW1/4 of Section 24, T.3N., R.1 W., B.M., Meridian, Ada County, Idaho mare particularly described as follows: Commencing at a'~" iron pin marking the NW comer of said Section 24 from which a 5/8" iron pin marking the N 1l4 comer of said Seaton 24 bears South 89°06'56° East, 2655.57 feet; thence along the West boundary line of said Section 24 South 00°41'54" Wes#, 542.39 feet the REAL PRINT OF BEGINNING; thence leaving said West boundary line South 52°41'34" East, 103.40 feet; ih~ericirSoath~00°4~i'S4~UV~est; 555:90~fe~et;- --~-- -~ ~- -- thence South 24°23'34° East, 147.57 feet; thence South 64°35'07" East, 676.32 feet; thence South 65°27'49" East, 22.84 feet; thence South 69°44'56" East, 88.55 feet; thence South 75°13'58" East, 53.99 feet; thence South 77°18'34" East. 279.27 feet; thence North 78°26'22° East, 43.68 feet; thence North 65°58'23" East, 102.27 feet; thence South 00°46'51" West, 277.15 feet; thence South 30°37'41° Eas#, 510.19 feet to the beginning of a curve to the left; thence along said curve 42.84 feet, said curve having a radius of 970.00 feet, a central angle of 2°31'07" and a tong chord of 42.64 feet which bears South 31°53'15" Easy ,~ j ~1 ~ E ~ R r r F~ ds; 4, F7 ~a'. ~ ~ yi: ~.', ~ i rt k r ~, ~'~ ~ f; ~ f i ~ ~; ~; ~f. ~~ ', ,~ f 5=~ I ~~ la ~ ~f~ ~~ { L~ :~ ~ K- ;.~ ~ € rt h i L ~ L, L 3• Y k' . _. ~' ~~ ~~ ~:~ ;~ f ~ + .~ Y: t ~f i i i f lc ~~ _- , i f~ ~ ~; t -r t k; v ~ t .~ ~ t. ~~ ~~ r ,I, ~~=3 F c t ~' ~. i ~. ~ ~~ ~~ i $: S thence South 56°51'12" West, 54.00 fleet; thence South 59°22'19" West, 141.00 feet; thence Sauth 64°03'26" West,193.22feet; thence North 55°29'52" West, 158.71 feet; thence North 4?°29`48° West, 68.00 feet; thence North 40°18'18" West, 28.95 feet; thence North 28°13'29" West, 53.10 feet; thence North 17°35'07" West, 53.10 feet; thence North 05°45'42" West, 53.10 feet; thence North 04°52'06" East, 25.14 feet; thence North 12°19'59" East. 84.05 feet; thence North 35°38'37" West, 111.43 feet; thence North 44°58'33" West, 45.04 feet; thence North 63°20'59" West, 45.00 feet; thence North 73°44'39" West, 117.09 feet; thence North 60°18'17" West, 50.00 feet to the beginning of anon-tangent curve to the left; thence along said curve 29.67 feet, said curve having a radius of 275.00 feet, a central angle of 06"10'52" and a (ong chord of 29.65 feet which bears North 26°36'17" East; thence North 65°23'03" West, 119.79 feet; thence South 38°39'26° West, 90A0 feet; thence South 48°11'54" West, 490.48 feet; thence North 41°48'06" West, 20.00 feat; thence South 56°41'54" West, 167.49 feet; thence North 89°18'06" West, 83.00 feet to s point on the West boundary line of said Section 24; ~2~ L {' E#~ 3 a 5~ . k ~i; i ~7. 4,~~ :x ~; ss 'i1. t' ~ ~~: dam} ~j j k ,~ ' " -;i ,1 ,~ !I 3 ' b ~ o 4 '~ ~ r tiS sr 7~ ~, ,~ ~ u/ ~ _ .. y~ ,i ~' "~+ i5 PF r ~ +~~ ~' ,; i = : ,... .. ~ r. itt?' idian City Council ugust 21, 2007 Page 11 of 64 Bird: That would -- I would include that in my motion that if there is some other negotiation between the two parties, that that's done and that we sign -- the city, the Mayor, and Clerk sign after the developer has signed after that has been taken care of. De Weerd: Does second agree? Borton: Second agrees. De Weerd: Okay. Zaremba: IUadam Mayor, further discussion? De Weerd: Discussion. Zaremba: Somebody made the suggestion that we also need to specify that the contract be awarded to Brown Construction. Is that part of this motion or something separate? ~~ ,~ Bird: He's working for them, he's not working for us. Zaremba: Okay. All right. De Weerd: I'd rather work for us. Matt, that wasn't a slight. Okay. Any further discussion? Rountree: I have none. De Weerd: Okay. Mr. Berg, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea. P MOTION CARRIED: ALL AYES. De Weerd: Okay. The second agreement? Bird: Madam Mayor? ' De Weerd: Yes, Mr. Bird. Bird: I'd move we approve the cooperative construction reimbursement agreement for 27 inch sanitary sewer trunk line, Linder Road to Stoddard Road, between the City of Meridian, Idaho, and off-site developer of Shepherd's Creek, LLC, and on-site developer of Tuscany Development, Incorporated, and for the Mayor to sign and the Clerk to attest after the developers have signed and upon negotiation of the minor points that's left that might need to be done. Rountree: Second.