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Home My WebLink About2007 12-20 Special ~E IDIZ IAN~~-- ~J CITY CGIUNCIL SPECIAL MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Thursday, December 20, 2007 at 1.0:30 a.m. `Although the City of Meridian no longer requires. sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to the best of the abilify of the presenter. " 1. Roii-call Attendance: David Zaremba Joe Borton Charlie Rountree Keith Bird Mayor Tammy. de Weerd 2. Cpnsent Agenda: A. Approve Minutes of December 4, 2007 Regular City Council Meeting: B. Temporary Emergency Vehicle Access Easement Agreement fdr Gramercy Subdivision No. 1 with Kenai Partners, LLC: C. Permanent Emergency Vehicle Access. Easement Agreement for Gramercy Subdivision No. 1 with Kenai Partners, LLC: 3. Cooperative Construction~~and Reimbursem®nt Agreement for the 21- Inch Sanitary Sewer Trunk line Overland Road to Ten Mile Road for Southridge with Linder 109: Meridian City Council Special Meeting Agenda -December 20, 2007 Page 1 of 1 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Cterk's Office at 888-4433 at least 48 hours prior to the public meeting. (~~E IDIZ IAN~- ~J • CITY COUNCIL SPECIAL MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Thursday, December 20, 2007 at 10:30 a.m. "Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to the best of the ability of the presenter." 1. Roll-call Attendance: David Zaremba _~ Joe Borton Charlie Rountree ~ Keith Bird ~_ Mayor Tammy de Weerd 2. Consent Agenda: A. Approve Minutes of December 4, 2007 Regular City Council Meeting: ~.y~,-Q,,..c.. /E/~ ~ C/L~ B. Temporary Em!'ergency Vehicle Access Easement Agreement for Gramercy Subdivision No. 1 with Kenai Partners, LLC: w~~v~-- C. Permanent Emergency Vehicle Access Easement Agreement for Gramercy Subdivision No. 1 with Kenai Partners, LLC: ~ro~ 3. Cooperative Construction and Reimbursement Agreement for the 21- Inch Sanitary Sewer Trunk line Overland Road to Ten Mile Road for Southridge with Linder 109: ~~~~ ~, N, / ~oGfi~i~%~r ~~ -~ /GF3 Meridian City Council Special Meeting Agenda -December 20, 2007 Page 1 of 1 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. - MayorTammy de Weerd City Council Members: E IDIAN~-- Keith Bird /' Joe Borton Charles Rountree ®~ f"I O David Zaremba NOTICE OF SPECIAL MEETING MERIDIAN CITY COUNCIL NOTICE IS HEREBY GIVEN that the City Council of the City of Meridian will hold a Special Meeting /Workshop in the City Council Chambers at Meridian City Hall, 33 East Idaho Avenue, Meridian, Idaho, on Thursday, December 20th, 2007 at 10:30 am. The Meridian City Council will be discussion the following agenda items: Consent Agenda: A. Approve Minutes of December 4, 2007 Regular City Council Meeting: B. Temporary Emergency Agreement for Gramercy Partners, LLC: C. Permanent Emergency Agreement for Gramercy Partners, LLC: Vehicle Access Easement Subdivision No. 1 with Kenai Vehicle Access Easement Subdivision No. 1 with Kenai Cooperative Construction and Reimbursement Agreement for the 21-Inch Sanitary Sewer Trunk line Overland Road to Ten Mile Road for Southridge with Linder 109: DATED this 19th day of Decemb r, 2007. WILLIAM G. ER , JR. -CITY CLERK Meridian City Council Special Meeting -December 20, 2007 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearings, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • ~E IDIZ IAN,~- ~~ CITY COUNCIL SPECIAL MEETING AGENDA City Council Chambers 33 East Idaho Avenue, Meridian, Idaho Tuesday, December 20, 2007 at 6:00 p.m. "Although the City of Meridian no longer requires sworn testimony, all presentations before the Mayor and City Council are expected to be truthful and honest to the best of the ability of the presenter." 1. Roll-call Attendance: David Zaremba Joe Borton Charlie Rountree Keith Bird Mayor Tammy de Weerd 2. Consent Agenda: A. Approve Minutes of December 4, 2007 Regular City Council Meeting: B. Temporary Emergency Vehicle Access Easement Agreement for Gramercy Subdivision No. 1 with Kenai Partners, LLC: C. Permanent Emergency Vehicle Access Easement Agreement for Gramercy Subdivision No. 1 with Kenai Partners, LLC: 3. Cooperative Construction and Reimbursement Agreement for the 21- Inch Sanitary Sewer Trunk line Overland Road to Ten Mile Road for Southridge with Linder 109: Meridian City Council Special Meeting Agenda -December 20, 2007 Page 1 of 1 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Broadcast Report Date/Time 12-19-2007 04:03:42 p.m. Transmit Header Text City of Meridian Idaho Local ID 1 2088884218 Local Name 1 Line 1 Local ID 2 Local Name 2 Line 2 This document :Failed (reduced sample and details below) Document size : 8.5 "x19 " Mayor Tammy de Weerd Keith Bird E IDIAN~-~- "~`°~~~°~` ^" toe 8orton IDAHO Charfes Rountree David Zaremba NOTICE OF SPECIAL MEETING MERIDIAN C1TY COUNCIL NCITICE i5 HEREBY GNEN that the City Councl of the City of Meridian will Hold a Special Meeting /Workshop in the City Council Chambers ai Meridian City Hall, 33 East Idaho Avenue, Meridian, klaho, on TFwrsday, December 2011,1, 2009 at 10:30 em. Tne Meridian City Cotmal will tae discussion the fallowing agenda items: ConsantAganda: A. Approve Minutes of December 4, YDOT Regular Cdy Council Meeting: B. Temporary Emergency V~tide Access Easement Agreemerrt for Gramercy Subdivisfat Ato. 1 wktr itenal Partners, LLC: C. Permanent Smer®eney V~ride Aocess Easement Agreement f'Or Gramercy Sutxifv~ton fYo. 1 with Kenai Partners, LLC: - Cooperative Construction end Reimbursement Agrasrnent t'or the 21-tnch Sanitary Sewer Trunk gne overland Road to Ten Nq~ Road for Soutltrtdge with Linder 1119; DATED tnis 19tIT day of Decemb r, 200. ,' WILLIAM G. ER , JR. -CITY CLERK Merlrgan City Counc# Spedal Meeting •- December 20, 2007 All mateda0a prevented at publk rneebnga shag became property of the City of Meaiden. Anyone devldng acaommodation'hm dfeabtklev related to docraneMS and/or treadngs, please confect the l:ky Clark's illHce at 999-A4.43 at leav148 hauro prier W the pWllc meeting. Total Pastes Scanned : 2 Total Pages Confirmed : 30 No. lob Remote Station Start Time Duration Pages Llne Mode Job Type Results 001 543 3810160 03:47:10 p.m.12-19-2007 00:01:45 2/2 1 EC HS CP9600 002 543 8989551 03:47:10 p.m.12-19-2007 00:00:27 2J2 1 EC HS CP19200 003 543 2088848723 03:47:10 p.m.12-19-2007 00:00:22 2/2 1 EC HS CP28800 004 543 8886854 03:47:10 p.m.12-19-2007 00:00:20 2/2 1 EC HS CP31200 005 543 2088985501 03:47:10 p.m.12-19-2007 00:00:30 212 1 EC HS CP31200 006 543 8467366 03:47:10 p.m,12-19-2007 00:00:21 2/2 1 EC HS CP28800 007 543 8950390 03:47:10 p.m.12-19-2007 00:00:21 2/2 1 EC HS CP28800 T Broadcast Report Date/Time 12-19-2007 LocaIID 1 2088884218 LocaIID 2 04:03:49 p.m. Transmit Header Text Clty of Meridian Idaho Local Name 1 Line 1 Local Name 2 Line 2 No. Job Remate Station Start Time Duration Pages Line Mode lob Type Results 008 543 208 888 2682 03:47:10 p.m.12-19-2007 00:00:21 212 1 EC HS CP33600 009 543 8840745 03:47:10 p.m.12-19-2007 00:00:22 212 1 EC HS CP31200 010 543 2088885052 03:47:10 p.m.12-19-2007 00:00:21 2!2 1 EC HS CP31200 011 543 8881983 03:47:10 p.m.12-19-2007 00:00:24 2!2 1 EC HS CP24000 012 543 2083776449 03:47:10 p.m.12-19-2007 00:00:44 212 1 EC HS CP14400 013 543 4679562 03:47:10 p.m.12-19-2007 00:00:21 212 1 EC HS CP28800 014 543 8886700 03:47:10 p.m.12-19-2007 00:00:00 012 1 -- HS FA 015 543 8849159 03:47:10 p.m.12-19-2007 00:00:21 2/2 1 EC HS CP31200 016 543 8840744 03:47:10 p.m.12-19-2007 00:00:22 212 1 EC HS CP28800 Abbreviations: HS: Host send PL: Polled local MP: Mailbox print TU: Terminated by user HR; Host receive PR: Polled remote CP: Completed T5: Terminated by system G3: Group 3 WS: Waiting send M5: Mailbox save FA: Fall RP: Report EC: Error Correll • Meridian City Council Special Meeting December 20,_2007 The Meridian City Council Special Meeting was called to order at 10:30 A.M. on Tuesday, December 20, 2007 by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Keith Bird, David Zaremba, Charlie Rountree and Joe Borton. Staff Present: Bill Nary, Ted Baird, Len Grady, Joe Silva and Will Berg. Item 1. Roll-call Attendance: Roll call. X David Zaremba X Charlie Rountree X X Joe Borton X Keith Bird Mayor Tammy de Weerd Item 2. Consent Agenda: A. Approve Minutes of December 4, 2007 Regular City Council Meeting: B. Temporary Emergency Vehicle Access Easement Agreement for Gramercy Subdivision No. 1 with Kenai Partners, LLC: C. Permanent Emergency Vehicle Access Easement Agreement for Gramercy Subdivision No. 1 with Kenai Partners, LLC: Bird: Madame Mayor. De Weerd: Mr. Bird. Bird: I move we approve the Consent Agenda as published, unless there were some changes. Nary: Madame Mayor. De Weerd: Yes, Mr. Nary. Meridian City Council SpeZ'~I Meeting • December 20, 2007 Page 2 of 25 Nary: Deputy Chief Silva just showed me an email regarding the easement and maybe there is an issue? I have never seen it. De Weerd: Well, can we get a second and then maybe we can - Rountree: Second. De Weerd: Do we need to pull something off? Bird: We got an email here. The Clerk or whoever has something to say. De Weerd: Okay, but do we need to pull it off so we can discuss it? Rountree: I would move that we pull items "b" and "c" off of the Consent Agenda. De Weerd: We can just do it - Bird: I pull my original motion. De Weerd: Okay, let's pull the approval of the Consent Agenda and entertain the motion for pulling off items 2 b and 2 c and put them before item 3? Bird: Yes. De Weerd: Do I have a second? Borton: Second. De Weerd: It has been moved and seconded to pull items 2 b and 2 c off of the Consent Agenda. All those in favor say aye. ALL AYES. MOTION CARRIED. De Weerd: Do I have a motion to approve what is left on the Consent Agenda? Bird: Madame Mayor I move we approve the Consent Agenda, Item A. Rountree: Second. De Weerd: All those in favor. ALL AYES. MOTION CARRIED. De Weerd: Okay, Chief Silva do you have additional comment? Do you want talk about this? Meridian City Council Special Meeting December 20, 2007 Page 3 of 25 Silva: Madame Mayor and Members of the Council I apologize for this late notification when it came to this memo. I thought this issue was all addressed. We became aware of this email (inaudible--). The easement from the Fire Department's perspective is correct that there are some technical issues in here that it has not been reviewed by a license surveyor and it should be technically complete. That is my concern. I did not want Council to take action on something that is not technically complete. I just became aware of this - De Weerd: You have had longer notice than we have had. Nary: Madame Mayor. De Weerd: Mr. Nary. Nary: Madame Mayor and Members of the Council what you could do is -what the email that Deputy Silva is referring to was from Public Works that indicated that the easements themselves were fine, but they don't have a licensed, stamped survey of the property description so you can approve the easements contingent upon that being completed and that way you can get this item done off of your agenda and Public Works will work getting that accomplished before it is finalized. De Weerd: Because otherwise we won't hear this again until January Stn Silva: I just wanted to make Council aware of that (inaudible--) De Weerd: Okay, thank you. Berg: Madame Mayor, if I could I think that is what the copies of the emails were in front of you for -the dialogue between our department and Public Works and the applicant. We are trying to get this easement signed or have at least the confidence that the City Engineer could sign the plat and I could sign the plat to get it recorded. Obviously, they are rushing it and they did not get the surveyor stamp on the exhibits as required. Rountree: Do we have any update. Grady: Madame Mayor, Members of the Council they are delivering those signed stamps sometime today. We are okay with the legal if Council wants to proceed pending those - (inaudible--). De Weerd: Okay, thanks Len. Borton: Madame Mayor. I appreciate Mr. Grady's comments where he indicated that he would go ahead and sign upon receiving the signed, sealed stamp by a licensed surveyor and with that information from Mr. Grady I would move that we Meridian City Council Spe~fal Meeting December 20, 2007 Page 4 of 25 approve items "b" and "c", the temporary emergency vehicle access easements contingent upon the receipt of the signed, stamped proof from the licenses surveyor. Bird: Second. De Weerd: Okay and a second. Any discussion? Hearing none, Mr. Berg. Roll Call Vote: Borton, aye; Bird, aye; Zaremba, aye; Rountree, aye. ALL AYES. MOTION CARRIED. Item 3. Cooperative Construction and Reimbursement Agreement for the 21-Inch Sanitary Sewer Trunk line Overland Road to Ten Mile Road for Southridge with Linder 109: Nary: Madame Mayor and Members of the Council what you have in front of you was a discussion that has been ongoing with Mr. Jewett in regards to a 21 inch sewer line and a reimbursement along a portion of the property that is called South Ridge. You had a meeting and discussion back in August. The direction from that meeting was to finalize an agreement with the Ada County Highway District and then to bring this reimbursement agreement back in front of you. Mr. Jewett has finalized an agreement at the staff level with the Highway District. I spoke with Mr. Inselman the other night when he was here. They intend to take it in front of the Commission for their approval. Mr. Inselman the other night was not certain if they would be able to have it on their January 9t" meeting. Mr. Jewett may have more information from yesterday that I don't. But, Mr. Inselman told me Tuesday night that they would either have it on the 9t" or the 16t". The staff has reviewed it. They are comfortable with the language. I think it is a fairly standard Highway District reimbursement agreement. Mr. Baird and I have been in touch with Mr. Jewett's attorney on the language in this agreement and we have discussed and I think that is part of the direction we are looking for from Council is the trigger to assure the reimbursement takes place and that the work gets completed was the discussion you had back in August. I think what we are seeking direction on today is what contingencies do you want completed? Mr. Grady, I think, was going to look at the project plans and see what information that we have on that because part of the agreement requires the project be completed. Mr. Jewett was directed to have this agreement completed and approved by the Highway District as a contingency to be reimbursed. The issue of the roadway completion is somewhat up in the air and that is the direction that we are looking for. The only suggestion or recommendation I have is you can - if you are comfortable approving that direction today, we don't have final language on the agreement, but if your direction is the. Mayor can sign it prior to January 8t" based on the contingencies that you direct, we can do that. But what I told Mr. Glenhill this morning and Mr. Baird and I both was that I don't want the situation arising again where one party or the other believes that something was left out, Meridian City Council Spe'LTaI Meeting December 20, 2007 Page 5 of 25 something was added, some contingency was different than what was anticipated, but ACHD won't be approving that final agreement until at least January 9th, at least as far as I understood. I think what we are looking for today is direction so we can get forward. I think Mr. Jewett is looking for assurance that his reimbursement is going to occur. They can get this project going and moving forward and completed in a timely manner with construction. I think that is the preamble to what we are here for and hopefully if Mr. Jewett or Mr. Grady has more information we can certainly use that direction from you. Zaremba: Madame Mayor. De Weerd: Mr. Zaremba. Zaremba: Mr. Nary when you refer to the project in general, are you talking about the sewer trunk line or are you talking about pavement over the top of it and curb, gutter and sidewalk or is that what you are asking us to decide? Nary: The project in general is both. The city's issue primarily of course is the sewer line installation. The completion of the project and that is what I think Mr. Grady was going to look into was if the sewer line and the roadway completion are essentially one project and that the completion of the roadway has to be consistent with the sewer line and vice-a-versa. The direction that you folks had given was that the agreement with ACHD and the completion of the entire project was of importance and my only issue is determining if the trigger in the reimbursement agreement is the agreement with ACHD and the completion of our portion of the project, which is the sewer line or is it more than that? I am sure that Mr. Jewett and Mr. Brown want to know that as well. Jewett: Jim Jewett, 1560 Carol Street. Madame Mayor and Council, my understanding in August we had two reimbursement agreements, one for the 27 and one for the 21. The 27 line was approved. The 21 was approved, conditioned on the language put into the contract that tied it to the ACHD agreement for the construction of Overland Road. With that motion, Mr. Brown was released to do all of that work because he needed to get out of Overland Road before they started to work on the Ten Mile Overpass to reconstruct the damage that was done last spring. He was released to proceed with that and I was understanding that the city was going to add language to the agreement with discussion with ACRD to tie it to this agreement that is going to be going in front of ACRD next month. So we have proceeded on that basis. When I found out that that had not happened and we had (inaudible) our agreement with ACHD so stopped Mr. Brown; so Mr. Brown is 95 percent complete with the work on that reimbursement agreement that has not been signed. So what we are asking is for the language that was motioned by Council in August be added to that contract, signed and it is still tied to the ACHD agreement and reimbursement is still tied to the ACHD agreement. I would like Mr. Brown to finish that project, but at this point without the signed agreement I don't think it is prudent that he Meridian City Council Sp~l Meeting • December 20, 2007 Page 6 of 25 proceeds forward even though he is 95 percent complete. I think that is where the confusion lies. ACHD had not approved realignment yet as of the August meeting that we had here; they subsequently approved that in September, drafted their agreement and got it to us in October and they are taking it to their Commission for approval next month. With that I would stand for any questions. De Weerd: Council any questions? Borton: Madame Mayor. De Weerd: Mr. Borton. Borton: Jim when you use the phrase "add the language in the agreement", so you said the reimbursement is tied to the ACRD agreement, what do you mean by that specifically? Jewett: What I thought that meant was that there would be no -the discussion that occurred before the motion was there is no sense having a 21 inch sewer line going through a realigned Overland unless Overland is going to get constructed. So the agreement was this was acooperative - I don't know the exact terminology that ACHD used, I don't have it here, but it is a reimbursement impact fee agreement with ACHD that says I build it and they reimburse me through impact fees for a certain percentage of it. What I understood the motion was that that agreement has to be signed before the city would do any reimbursement. Borton: Okay as opposed to ACHD or excuse me -you would complete the roadwork and the reimbursement from the city be at the same time as ACHD's reimbursement? Jewett: That is not my understanding because ACHD's would be tied with impact fee reimbursements within a jurisdictional area out there; not necessarily a lump sum reimbursement. Borton: So the reimbursement for the sewer portion would come to you prior to you completing the roadwork? Jewett: Correct. That was our understanding. Borton: Okay, thanks. De Weerd: So how is that consistent with the placement of the manholes and - this is pretty new verses an existing road having the new road. Is it a chicken and egg thing or how does that work? Maybe I should ask the contractor or maybe more technical - I don't know. Meridian City Council Sp~LTal Meeting December 20, 2007 Page 7 of 25 Jewett: As far as the location of the sewer line in the proposed new alignment of the road? De Weerd: Yeah, with the manholes and - Jewett: Well we did - taking a proactive stance last spring we went ahead and designed the whole realignment of the road and submitted it to ACHD because there was a lot of technical issues that if it could work because of the terrain. So we had the complete profile of the roads submitted to ACRD and approved last spring contingent on their Commission eventually approving a realignment period. So we had a - De Weerd: Which has all happened? Jewett: Which has all occurred now. So from a technical point of view that alignment of the road has been approved by ACRD and the Public Works staff has that approval from ACRD for that alignment and profile. So the design of the manholes was all consistent with that approval by ACHD and ACRD has approved the construction plans for the sewer within this realigned Overland Road. Nary: Madame Mayor, Members of the Council and Mr. Grady may want to chime in on this as well. I think part of the concern has been from the city is that if the roadway isn't completed or isn't completed at least reasonably simultaneous to the completion of the sewer line then the city wouldn't have an ability to access the line because there would be no easement and no roadway there. Because this is a brand new road and not an existing roadway, the concern is that if it isn't tied to the completion of the road then there wouldn't be any access so then a different contingency would have to be included that an easement and access would have to still be granted to the city and it just makes it more complicated to have to add that. So I guess that is my understanding of just the piece of the completion part. So just having the agreement is probably fine other than because this is a brand new roadway there may not be any other way to get to it except for the roadway to be there. So if for some reason the road gets delayed for cost of construction materials or whatever then we wouldn't have a way to access the sewer line and again maybe part of the contingency is maybe they couldn't use the sewer line. I guess that would be Mr. Grady's call, but the sewer line couldn't be in use if we didn't have a means to get to it. De Weerd: Well and the sewer line probably wouldn't be in use unless you had a road. Nary: I would assume, but that is another contingency of language that we don't have finalized. Meridian City Council SpdLTal Meeting December 20, 2007 Page 8 of 25 Jewett: The reason the sewer line had to go forward now is that we had to get it across the canal. Those are the important things and the next step is the bridge construction for the road. We did provide an easement for Public Works in the eventuality that ACHD would be delayed. We did provide them an easement over it. There was a provision in the contract for a gravel access road over the sewer line in the event that it wasn't a road right away. Anybody that has been out there can see that there has been a significant change to the grade and there is a road there now and it is all built up and it is completely serviceable, but there is not sewage that will go in it until all this other work is completed unless some other project comes forward there is no sewer going into this line so that might be a technical issue that your Public Works can address. But there was a provision for the easement and there was a provision for an access road in the eventuality that ACHD was delayed. Now, we had an agreement with ACHD pending and if that gets signed off on the 9t" or the 16t" and I don't know a pending date right now, so I can't answer that, but they will then go ahead and do the right-a-way transfer with me immediately. That is kind of a three legged -because ITD has to pull into that transaction as well because we have to vacate the existing or at least have a vacation agreement on the existing Overland Road location and then ITD pulls that out of their project and ties it with ACHD, so there is some more. But, within probably by the end of February I would assume that all of those transactions will occur with ACRD, ITD and myself and then the right-of- way will actually be owned by ACHD. I would assume no later than the end of February. De Weerd: Any other questions, Council? Rountree: Madame Mayor we haven't seen the agreement with ACHD. My concern about reimbursement of the completion of the sewer project is until a road is in there it is not complete. There are things that are part of the road, but part of the sewer -manholes, manhole covers, access, reasonable vehicular access etcetera so any reimbursement, t think, is going to be contingent on some kind of a hold back to assure that that gets done. I don't know what the agreement, again with ACHD says, nor do I know what kind of commitment there is to getting that roadway done. Is there a time constraint in the agreement that you have negotiated at this point? Is there a time certain when barring unforeseen climatic conditions and. material conditions that it will be done - is it contingent on your ability to get financing and those kinds of things? Again, we are kind of in the dark about that aspect. Jewett: Madame Mayor and Councilman Rountree, those are valid questions. Obviously there are contingent factors on every type of project. With our agreement basically what happened is we entered into an agreement, then we have to bid it just like your process, three bidders on the process; we have to finish the engineering; we have to finish up 100 percent, submit it, they review it, approve it and we do bidders and then I provide a bond for 110 percent, a letter of credit for 110 percent of that cost for construction. That bond has already Meridian City Council SpeZfal Meeting • December 20, 2007 Page 9 of 25 been budgeted and has already been budgeted and has already been approved by our lending institution. So with that we can go to the next step. Our plan all along was to finish the bridge construction, which is a budget item in this winter's budget for us - to finish the bridge construction before the water comes in because right now there is no way for the water to go down that canal until we get that bridge built and ACHD right now has stopped reviewing any documents for us until this is all kind of rectified. Then our intention was to construct the road during the course of next summer to have it done by next fall. Obviously, there are other factors involved -there is financial, there is environmental, there is our market in general. I had asked what would you be looking for as far as some time frames. I guess I would leave it at that. ACRD - I don't recall - guess your attorney has reviewed the agreement and I don't recall the timeframes set out in the agreement, I don't have it in front of me here. Nary: Madame Mayor and Members of the Council two things that Mr. Jewett just said, I guess when I spoke with Mr. Inselman on Tuesday night I asked him two things. One, do you need to see our agreement and he said no if we are not paying for it I don't care. So they don't care of where our agreement is at. asked him secondarily if he is waiting on us for anything. He said no. What they are waiting on is to take it to their Commission is the engineering drawings for this bridge or the road, but he is waiting on engineering. He is not waiting on us. So I wasn't sure when you just said that Mr. Jewett if you were talking about the delay in what they are waiting on. But, it appears to me at least from Mr. Inselman's statements to me the Highway District is not waiting for the city's agreement, nor are they waiting for us to finalize anything.. Their agreement with you and them doesn't have anything to do with us. Jewett: And I would agree. I don't think they are waiting on anything from the city. Nary: Okay and I just wanted to clarify what you just said because I wasn't certain if you meant they were waiting on us or something else. Jewett: No, it is just the timing of the process. Nary: Sure and that is fine. That is fine. Rountree: Madame Mayor if I might. My response to your question about pick a date, any date, and abracadabra. My preference is that not only this facility be done and in place, it has to be done and in place before groundbreaking on Ten Mile Interchange because people are going to have to get through there during construction and if Overland is going to be vacated is probably going to start in that hole down there at the bottom of the hill. So to me that is the critical time and that is sometime in FY09, which starts anytime after October 2008, so if we are going to pick a date, in my opinion that facility needs to be up and running or Meridian City Council SpeZZ~ial Meeting December 20, 2007 Page 10 of 25 at least function as a detour question back to me. Zaremba: Madame Mayor. De Weerd: Mr. Zaremba. C~ J by October 2008. That is my answer to your Zaremba: I would add the additional timeframe that ITD has to be confident that it is going to be completed by then so whether or not it physically has to be completed or somehow ITD has to be convinced that is an additional outlet. If the scenario that Councilman Rountree is describing, if it gets finished on October 1St, ITD may not have been comfortable with that and they may not be - I don't know I can't speak for ITD, but I am just saying I agree that having it finished on October 1St is probably the requirement; somehow ITD has to be comfortable sooner than that that it will be finished and how do we do that? Jewett: Madame Mayor, Councilman Rountree, Councilman Zaremba you all pose very interesting questions and back in August Mr. Brown was instructed to start to make sure that he wasn't going to be in ITD's way and he did it on what we thought was the motion. I guess that leads to one fundamental problem is there is communication issues that we probably just need to resolve. So I would suggest that even though it is not to the benefit to Mr. Brown to sit there and wait longer for reimbursement, I think it is probably in the best interest of everybody that we pull ITD, ACHD into some sort of work session as early in January as we can and get all of this worked out and make sure that we are all on the same wave length, that we are all agreeable to everything and that way we eliminate this communication issue because it is quite frustrating for me. I understand one thing and then I understand it different and it has become old. I know that ITD is waiting right now for a response from me and what is going to go on because they need to make plans and they have asked me to get back with them no later than early January. I guess my suggestion is that we get all of the parties together in some roundtable work session and work out all the tight details of timing and reimbursements. Zaremba: Madame Mayor I don't want to create an issue where three or four different agencies are waiting for each other to blink first. That is not fair to me. If Mr. Jewett is suggesting that he is going to nail down the agreement with ITD in the early part of January and convince them that this will be done in time for them, I am happy with that. Rountree: Madame Mayor my questions are information in terms of reimbursement. I am not opposed to reimbursement, but I am concerned about the level of reimbursement. The timing -you have got the infrastructure in place; you have got your expenses out there. I don't think it is fair not to reimburse for at least a portion of that. But we, too, need some assurance that it all gets done and I am not necessarily saying the road, but the road is part of the Meridian City Council SpeZT~l Meeting December 20, 2007 Page 11 of 25 infrastructure, the sewer - or part of the sewer that is in that road. So my question is as we craft the reimbursement agreement, how are we assured that the sewer project and all of its pieces are completed? That is where I am coming from. De Weerd: I think that was all of the discussion in August is when they start talking about the road this shouldn't be something that is new. It was discussed, Jim and maybe we didn't have a good idea of how this worked as a new road where the sewer is going verses an existing one, which is what we are more familiar with and what some of those contingencies would be. There is no question of the 100 percent reimbursement. That is not a question; it is how do you assure some of the conditions, I think, the Council put on there and it was tied to that road and if I remember Councilman Zaremba, the urgency of it and the surety that it would happen. If I remember right it was discussed. Mr. Bird? Bird: Madame Mayor I, too, go along the lines of what Councilman Rountree says. I believe you do deserve some reimbursement, but we need to find out what percent. Is the road engineered to the point that all of the elevations are in place and guaranteed that the manholes could be put up to this elevation and it is not going to cost us anymore to redo it at some point, the easements are all in place? Jewett: Madame Mayor and Councilman Bird one of the biggest struggles that we had out there is the tremendous grade elevation change and in a profile to how that would work to meet ACHD's requirements was a prerequisite to doing anything and if you have been out there you can see that a significant amount of dirt had been moved to create a road profile that is roughly a three foot below the final grade of Overland Road. That has been accomplished and that has been approved by ACRD as the profile. So what we would generally do right now is set those manholes up at three foot below finished grade so they don't sit above ground, but they would be just a riser away from final grade once that road profile is finished, the actual road construction is finished. So, yes, the profile and think there is an approval from ACRD in your file that indicates that they did approve that portion of this project. De Weerd: So if it is off who covers the cost of correcting it? Is that a cost we pa twice? Jewett: I think we even discussed that issue, but - De Weerd: It probably went over my head. Jewett: Probably went over mine because I don't look at it as a - we did so much preliminary work. The road did shift slightly this fall on the far south end. ACRD had a shift of, I think, eleven feet, but the sewer corridor we still fit within the corridor so the sewer line did not move. But, ACHD did do a slight Meridian City Council Sp~tTal Meeting December 20, 2007 Page 12 of 25 adjustment to us this fall and move the far southern connection at Ten Mile south about eleven feet. But, again, the sewer was still within the corridor and it was acceptable to everybody. I don't like to talk about negatives, but I don't think that it any realignment or repositioning of it is going to occur. It is in the location that ACHD has approved. We certainly can provide that documentation. Bird: Madame Mayor. De Weerd: Mr. Bird. Bird: Mr. Jewett and I will ask Len the same question in your estimation what percent of the total reimbursement would you say is controlled by the road, the elevations and stuff for the roads, the manholes and all this kind of stuff is it 15, 20, 25 percent of the total contract? De Weerd: I think we probably need to ask Mr. Brown that. Jewett: I would defer that to Mr. Brown. Bird: Well if he is the representative -that is fine. Jewett: I would assume that the removal or adding of additional risers would probably be in the neighborhood of several hundred dollars ,per manhole and believe there are eleven manholes through that location. So even if you used $1,000 a manhole for eleven manholes, $11,000 that would not even be -that would be in the single digits as far as a percentage of the overall contract. Bird: Okay, so 10 or 15 percent? Jewett: Yeah. When you construct the road itself, just to give you a little background on the construction the last bit of risers that are on the manholes and the cement collars that go around in the asphalt; those are all done after the road is built. You actually pave over the top of the manholes, dig them back up and put them in. So that is all part of the ACHD's contract, not this contract. Bird: But that is finishing the sewer. Jewett: Correct. Bird: And our agreement is to finish the sewer. Jewett: Correct. Bird: So that is part of our contract because our sewer isn't finished until that is finished product -until that road is finished and the final manhole is put on there. That is when our contract is finished, in my opinion. Meridian City Council Sped Meeting December 20, 2007 Page 13 of 25 Jewett: Okay, I can understand that. Bird: I think that we - I know you had to get out and get the job done. I know Mike went out and did the job and I am like Councilman Rountree you are probably deserving some reimbursement, but we have got to figure out percent and make sure this project gets done and if we don't have a hammer, we are not going to drive the nail very far. Borton: Madame Mayor. De Weerd: Yes, Mr. Borton. Borton: Two questions. The first short question is whether or not do you agree with Councilman Bird's opinion as to the obligations on the sewer and the extent of what is required to be considered to be complete? You didn't say yes, you said you understood, so - Jewett: In a roadway that would be true, but another part of this project is being run from Linder to Bear Creek through an area that is not platted, so there are situations where you don't go in a road right-of-way where a finished sewer is still a finished sewer. You just have a manhole that sat at existing grade and then when the road is built then those finished collars are done. So, yes and no and it depends on the circumstances. Here we are kind of a hybrid. We are going to a finished road and we are going to (inaudible) a finished road as fast as possible and I think that everybody in this room would agree that we all want that thing black sooner rather than later. If I am going to make my project, South Ridge, successful, I need it black. If the city wants to make sure transportation is fluent it needs to be black. So I think that we all have the same common goal. Although, we all have our frustrations, I think we are all trying to get to the same common goal and to make something better than what we had yesterday. Borton: Madame Mayor, Mr. Jewett can it be as simple as whatever the 100 percent reimbursement value is that upon receipt of the signed ACHD agreement and confirmation that the existing easement and gravel provisions that you had made reference to adequately satisfies Public Works access issues that a certain ,percentage of that total amount is reimbursed at that point and some remainder percentage is reimbursed upon completion of the roadway in perhaps the fall or winter or 2008 and whether it is 80, 20, 90 or 10 can you break it out that way to provide reimbursement to you now and also have some incentive for everybody to make sure the roadway gets completed? Jewett: Madame Mayor and Councilman Borton I know that August is four months ago and recalling everything that was discussed there sometimes with all of the things that have to go through, but one of the components there is that we are on a very limited budget. What we had budgeted to make sure to ensure that Meridian City Council Spe'Z"ral Meeting December 20, 2007 Page 14 of 25 we could provide all of the agreements that we needed to ACHD is we only budgeted the non-reimbursable part of these sewer lines. That is why when the proposal was at (inaudible) reimbursement simply wouldn't work for us because we did not have the budget to pay Mr. Brown beyond the non-reimbursable. So I would have to defer to Mr. Brown on it because when he took on this job he took it on that I could only pay him the non-reimbursable until the city reimbursed it. So it is not so much on my head as it is on his head. So I guess I can defer and have Mike come up and answer that question, but I clearly only budgeted the non-reimbursable part. Bird: Let's have Mike come up. De Weerd: Please state your name and address for the record. Brown: Mike Brown, 2528 Crooked Creek Way. Now what is your question? Borton: Madame Mayor I am trying to cut to end of this thing to say is there some way we can get reimbursement done now or upon it sounds like soon to be received confirmation from ACHD on the agreement? To get those business matters resolved, but have some percentage retained paid upon the completion of the road to try and satisfy both parties. Brown: Yes, as far as the finished concrete around the manholes, yes we do. Borton: I guess that begs the next question is what kind of percentages work for everybody that allows - I know the vast majority would be reimbursed at this early stage and what would be retained by the City to be reimbursed upon completion of the roadway. Brown: Well your collar is going to be 250 a manhole, so probably five percent. Borton: I didn't have an answer in mind; I just wanted to throw that out and try to get this thing done. Jewett: I am trying to recall the agreement, but I would ask that your Counsel, if he could recall -did we not put a provision in for a letter of credit for one year after the completion of this project? Nary: The 110 percent? Is that the one you are talking about for the completion -the 110 percent letter of credit? Jewett: Wasn't there - Nary: Right your attorney this morning said that is not supposed to be in there? Meridian City Council SpeZ~al Meeting • December 20, 2007 Page 15 of 25 Jewett: Well, I know the 110 percent wasn't, but there was something I recall that had to be held for one year. That was my recollection. Not the 110 percent because that was extra-ordinary, but I thought it was a ten percent letter of credit. Nary: Mr. Berg, do you remember? Rountree: Are you opposed to that? Jewett: I am not opposed to that. Nary: But can we put that? I mean, I don't recall that it is in the existing agreement because I don't believe -what your Counsel was saying is that this agreement was supposed to be similar to Shepherd's Creek and in that one there isn't aretain-age because it was completed at the end and the whole project was completed - Jewett: I don't believe there was aretain-age, but I believe there was some letter of credit responsibility of ten percent. That was my recollection. It was 110 percent that we thought was a little bit extra-ordinary, but the ten percent I believe that is what me and Mike discussed then and we found that agreeable. Nary: I can look at Shepherd's Creek fairly quickly. Jewett: But I wouldn't be object-able to a 10 percent letter of credit as a security instrument. Bird: What about aretain-age? Nary: We probably want to ask Len his opinion. Bird: Madame Mayor can Len --? De Weerd: Yeah. Borton: You are up Len. Grady: Madame Mayor and Members of the Council I might be able to shed some light. Typically - on the Shepherd's Creek we were going to do 100 percent reimbursement at the completion of the project. This project is turning out to be a little bit different in so far that the completion of the project is going to be it sounds like delayed. In the past and we have started this precedent in the north and actually with Shepherd's Creek is we are paying 80 percent upon substantial completion. So if Mr. Jewett were to complete that sewer line, substantially complete, able to take sewer and access, Public Works would be willing to pay the 80 percent reimbursement and the 20 percent is upon final Meridian City Council Sp~l Meeting • December 20, 2007 Page 16 of 25 completion and like I say, we set that precedence elsewhere throughout the city. That would be our recommendation. Bird: Madame Mayor is this the standard thing that we have been doing at the north end on the sewer lines that we have been putting in? Grady: That is correct. Now, again, Shepherd's Creek we went for 100 percent. That didn't prove successful because they were delayed in that final completion and so this sort of helps get some of that load off of there and it keeps a fairly healthy stick for Public Works that we are going to make sure we get everything before the finals. So that has been our standard and we certainly would be willing to do that. De Weerd: Any other questions for Len? Borton: Madame Mayor De Weerd: Mr. Borton. Borton: Len while you are here is that the easement issue, gravel road access issue is that satisfactory to --? Grady: Substantial completion in our opinion at this point because they are not doing the asphalt road would have to allow for all weather access and yes, Mr. Jewett is correct we do have an easement. De Weerd: Okay, anything else, Council? Bird: No, just see if Mr. Jewett and Mr. Brown and what they think on the 80/20 percent. Jewett: Madame Mayor and Council Members, I wasn't involved in the negotiations on the 80 percent. That was with Matt Schultz and Mr. Brown and it involved our agreement as well as the Shepherd's Creek agreement and the component that was left that could not be completed, ACRD was not letting Mr. Brown into Linder Road until the Ten Mile Overpass repair work is done, they just won't let them close it. So, you know Public Works graciously said we will pay you the 80 percent because we understand it is outside your control. Twenty percent, if everything was completed and manholes raised to the sub-grade now where the (inaudible) surface would exist, the sewer line would be essentially functional without with these steps and just a final pavement, so 20 percent seems to be a bit steep if we got all the way to an all weather surface other than the pavement. It just seems that 20 percent would be a little steep. I think that would be a little bit steep for Brown Construction to absorb. I guess I would be looking for some level of compromise, but again we are here after the fact. I wish Meridian City Council Spe'L'fal Meeting December 20, 2007 Page 17 of 25 we would have had this done three months ago and I would apologize and just endeavor to try to work something out and keep this thing moving along. Rountree: Madame Mayor. Just to throw this out -how about a 15 percent bond and a 5 percent retain-age? Jewett: I would agree to that. Bird: Ninety-five, five and fifteen percent bond. Jewett: I would provide the letter of credit for 15 and then (inaudible--) Nary: Madame Mayor and Members of the Council, I just want to clear one question. In the agreement for the sewer line that is with Tuscany Development that one to Stoddard. As Mr. Jewett said there is a 10 percent letter of credit, but that was just as a security for essentially a warranty for the lines, so not for payment. I just wanted to clear that up. That is in the other agreement, but it is not for payment. Rountree: So it could be made for payment? Bird: Yeah a bond can. Nary: I don't have an issue with that. I don't know if Mr. Grady has a concern. Bird: Well, let's find out. De Weerd: Mr. Grady. Grady: Madame Mayor and Members of the Council we find bonds are very difficult to cash. You basically go to the bank and you try to convince them that they need to give you money. It is very difficult at best. We would prefer a letter of credit. Rountree: I think that is what Mr. Jewett indicated. Nary: I think that is what he said. De Weerd: Okay. Jewett: Mayor and Council the last thing is we just need to clearly clarify what 100 percent complete is then if that is asphalt and then collar and let's just put it in writing so it is clear. De Weerd: It is also on the public record. Council any other questions? Bird: I have none. Meridian City Council Sp~Tal Meeting December 20, 2007 Page 18 of 25 Borton: Madame Mayor, I saw head nods, but - Mr. Brown? (Tape turned over) Borton: Is that okay with you in what Mr. Rountree suggested as a solution? I know Jim is fine with it - Brown: Right now for the Stoddard ground, we have a cashier's check of $350,000 out until we are complete. (Inaudible discussion) Brown: That is what was requested until we can get into the roads and finish the whole line of being tied together. De Weerd: What does $350,000 -? Bird: $350,000 to go through the road? Brown: Well, that is the percentage on what is left on the job to finish on those two sections. Bird: On both sections? Brown: And that is just the way the job was broke down. Bird: Mr. Borton, (believed - or did you hear Charlie's 95 pay, 5 retain-age and 15 percent in a letter of credit or certified check or something? Brown: Right now you have got $350,000 for us to finish the 27 (inaudible) the 30 stint to finish the 27 to Stoddard. De Weerd: Which is Shepherd's Creek? Brown: Yes, Shepherd's Creek. At the schedule we are going right now, we should finish in mid December. That is why we didn't have a problem with the $350,000. De Weerd: Mid December or mid January? Brown: Right now we are trying to get to Stoddard, so (inaudible) can start their project. Bird: What is the contract here? Can anybody tell me what the total is? I have heard, but just rumor. Meridian City Council SpeZTal Meeting December 20, 2007 Page 19 of 25 Brown: The total contract - Bird: For this particular project? We are not discussing Shepherd's Creek. Brown: That is about $1.4 million. De Weerd: Seven percent of that is the non-reimbursable. Bird: Thirty percent is non-reimbursable. De Weerd: Oh, thirty percent? Bird: Thirty is non -seven is, so we are right at - Jewett: $980,000. Bird: Oh, $980,000. De Weerd: Mike do you know how much of the $350,000 is applied to South Ridge to this particular project? Brown: To the 21 inch? De Weerd: Yeah. Brown: Well, just the 30 and the 27 that go through South Ridge. De Weerd: How much of the $350,000? Jewett: When I checked my book this morning it showed that there is a current reimbursable based on its progress today to $425,000 to the city to date. To date, but he is not 100 percent, but to date in our books it shows $425,000 reimbursable due from the city. De Weerd: Okay. Len do you have the percentages? Grady: Madame Mayor, sorry no I don't have those at my fingertips, but I wanted some clarification on the cashier's check. We didn't require a cashier's check. We just said letter of credit just to cover the remaining amount and they couldn't get a letter of credit quick enough so they delivered a cashier's check and that was per Council's recommendation -because we were relaxing that 80 percent that was just a cover just to make sure that we were going to get the project completed. De Weerd: How much of that is - oh you don't have that with you. Meridian City Council SpeZTal Meeting • December 20, 2007 Page 20 of 25 Grady: I could give you some really rough estimates. I would think that the South Ridge of that $1.5 million is probably less than or probably 25 percent - the South Ridge portion of - at least the portion going east. That is a rough estimate. I would guess it is 25 percent of that total project. Jewett: Madame Mayor and Council just that last discussion about a cashier's check or a check being given to the city is totally outside of anything that had gone through me. De Weerd: No, that is two different projects. Jewett: Well, Mike tells me it includes part of my project. De Weerd: Exactly. Bird: It probably covers your 15 percent. Just what Len just told us the 15 percent that Mr. Rountree proposed is being covered already if we understood him right. De Weerd: Yeah, but I don't think Mike wants to cover Jim's 15 percent. Jewett: I am actually trying to clear on what exactly transpired to facilitate because this is not covered under the agreement that we have currently on the 27 and 30 inch lines that I am aware of and that Mike would present cash to the city and able for a reimbursement to occur. This is a little bit out of the scope of what I understood. So, I am confused. Rountree: Me too. Zaremba: Speaking for myself, I am totally lost. Jewett: Again, I don't know why he would be paying money to the city on a contract for me. Part of it was for my contract, correct? I am confused on what transpired here. Bird: Okay, maybe Len can clear it up. Grady: Madame Mayor and Members of the Council Matt Schultz approached us for a partial payment of the line going from Overland east. What he wanted was sort of a payment of some portion of that and I used our typical approach. I said let's pay 80 percent of what is complete. I know the reimbursement agreement was for 100 percent, but given they were delayed in Linder I said we would consider an 80 percent payment. When we received the calculations on what portion was remaining it also included a payment for the 21 inch going west. said no that is not part of any reimbursement agreements that we have, so Meridian City Council Spe~ Meeting • December 20, 2007 Page 21 of 25 Brown went back and gave us a smaller amount that covered 80 percent - or covered that remaining amount of the portion going east. Again, we didn't require a cashier's check; typically we just take a letter of credit. They couldn't get one in time so Brown delivered to us a check for the remaining amount of the section going east. That allowed that -that gave us the clout that you guys asked for before we paid that reimbursement. So we would go ahead and pay that reimbursement and that request has been made and again that was all Matt Schultz as he was the project manager for those contracts. Bird: So the certified check that we have got now is strictly Shepherd's Creek? Grady: Originally it was enough to cover both east and west and we said no we don't have an agreement going east. We can't accept those funds. So they reissued - Rountree: Going west you mean? Grady: Yes, going west, sorry. Nary: Madame Mayor and Members of the Council. Len so I am clear this is the discussion that we have had with Finance yesterday and this morning and then you will get a supplement to that agreement, basically a stipulation because Finance was concerned that the approval on Tuesday was adequate for them to issue the payments based on what Mr. Grady is talking about. They wanted something on the record, so I told them we would prepare a stipulation. So you will get all of this in a written form, but it doesn't relate to Mr. Jewett's project at all. It is only related to the reimbursements to Linder 109 and Shepherd's Creek, LLC. De Weerd: So basically where we are at is Mr. Jewett is going to give us a letter of credit --? Grady: Letter of credit. De Weerd: A letter of credit for 15 percent. We will reimburse 95 percent, holding 5 percent. Is that where we are at? Grady: And the 15 plus the 5 equals the 20 that we would normally - De Weerd: Okay, this works for everyone? Nary: And the completion of the project is the completion of everything. Jewett: That is correct. Nary: Roadway and everything. Meridian City Council SpeLfal Meeting • December 20, 2007 Page 22 of 25 De Weerd: And is that what you understand, Jim? Jewett: That is what I understand. De Weerd: Is that what you understand, Mike? Brown: Yes. Jewett: Just so I have clarity on this other thing - in reference to the line going east that would be from the City of Meridian - De Weerd: Yes, we are only talking about this agreement. Jewett: The agreement we are talking about is the 21 inch, which is the line going west. The line going east from my understanding and listening to Len and listening to Mike is that they calculated that when Mike submitted for reimbursement that he was $350,000 short of finishing the entire job. So he put up $350,000 and he is going to get money back from the city through me for the reimbursement part of it because Linder 109 is me. That Linder 109 is me. That is the entity that owns South Ridge is Linder 109 so I don't want you to be confused and think that Linder 109 is somebody else. It is me. So he put money up to turn around and get money back. I think I have clarity on it. I don't remember it being covered under our contract, but it sounds like your Counsel said there is going to be a slight amendment to the contract that would address that though. Nary: Yes. The Finance Department just wanted something on the record approved by the Council. So we will do a stipulation to that to approve the payment, but that won't be back in front of the Counsel until the next scheduled meeting on the 8th of January. Jewett: We are here today discussing the 21 inches, the line going west and that one, the agreement that we haven't signed yet you are going to put language in for the 15 and the 5? Nary: Yes. De Weerd: Yes. Jewett: I have clarity. De Weerd: And that it can be paid - it can be a greeting concept here and I can be authorized signed once your signature is on there and there is -right? Nary: Yes. Meridian City Council SpeZral Meeting • December 20, 2007 Page 23 of 25 Zaremba: Madame Mayor. De Weerd: Mr. Zaremba. Zaremba: I guess I have two questions. The first one is a general policy and it applies to everybody all over the city. The reason the contractor would give us money is so that if something happens to the contractor or the developer we can pay somebody else to finish the job, is that the purpose? Bird: Yes. Zaremba: I am seeing heads nod yes. Second question. In what we have just agreed to is there a date involved or when are we going to cut a check to Mr. Jewett? De Weerd: When there is a signed contract. When he has signed it then I am authorized to sign as long as you guys make that motion. Borton: And ACHD's agreement. (Inaudible) is paid, signed by all parties and ACHD's signed approval. Completion by the Commission (inaudible--). Bird: Madame Mayor, I think Len wants to say something. Grady: Madame Mayor and Members of the Council, I would just suggest that the first 80 percent payment be upon substantial completion and the ACRD approval. They still have some more to finish and it still needs to meet our criteria for substantial completion so the latter of the ACRD agreement and the entire project being substantially complete then we would issue a request for the 80 percent. Jewett: Yes, completely understood as the basis of the original contract and our contract. Zaremba: Madame Mayor. De Weerd: Mr. Zaremba. Zaremba: I move we approve that arrangement. Borton: I don't think we need a motion to do this. Bird: We need to get - Rountree: I think we have general agreement amongst the Council, Madame Mayor that contingencies as we have spoken to about the percentage of Meridian City Council SpeL~al Meeting • December 20, 2007 Page 24 of 25 reimbursement, the timing of the 80 percent and the timing of all reimbursement keyed to the execution of the agreement with ACHD. Those are the key points I think. De Weerd: But, do you need to authorize me to sign the contract? I need a motion to authorize me to sign it. Nary: Madame Mayor and Members of the Council unless I misunderstood I am thinking that Mr. Jewett wants an agreement prior to ACHD's meeting, although our agreement is contingent upon their approval of their agreement. Is that correct Mr. Jewett? Jewett: Yes. Madame Mayor and Council we are not asking that you approve the payment. We are just asking you to approve the agreement. The payment request will come sometime in January after all of the ACRD -again, we are not looking for that, we are just looking for the agreement to be authorized. Nary: Madame Mayor and Members of the Council so if I understand part of Councilman Zaremba's motion so I make sure the language is correct while everybody is standing in this room that the payment can be made upon substantial completion of this project. The portion is 80 percent reimbursement or excuse 95 percent reimbursement, 5 percent of the reimbursement agreement would be retained till the completion of 100 percent of the project, 15 percent of the total cost of reimbursement would be provided in a letter of credit. So the city is going to give you 95 percent. You are going to return 15 percent in a letter of credit and 5 percent will be retained until the end of the project, which is 100 percent completion which includes asphalt, paving, collars and all of that. Is that what everybody understands? De Weerd: That is what I am tracking. Bird: That is my understanding. Jewett: I concur. Zaremba: The maker of the motion says that Mr. Nary has encapsulated my intent exactly and I appreciate that. Rountree: I will second that. De Weerd: Okay, so we do have a motion. Don't ask me to repeat it. Mr. Berg, if there is nothing further Council? Okay, Mr. Berg. Roll Call Vote: Zaremba, aye; Rountree, aye; Bird, aye; Borton, aye. ALL AYES. MOTION CARRIED. Meridian City Council SpeL'FI Meeting December 20, 2007 Page 25 of 25 Rountree: Madame Mayor I guess I might make a comment while Mr. Jewett and Mr. Brown are here. Though it is kind of a round-about way of doing business and I agree this should have been done in August or shortly thereafter. I do appreciate the risk taken or we would still be here scratching our heads and wondering when the sewer and road prism might show up out there. I think that the August of 2008 might be a little optimistic, but I think it is still probably doable with all things coming together. De Weerd: We just don't want to take the pressure off Jim. Rountree: But anyway Merry Christmas to everybody and happy New Year and hopefully you will smile a little more after the first of the year when the checks start rolling in. Borton: I would move to adjourn. Bird: Second. De Weerd: All those in favor say aye. ALL AYES. MOTION CARRIED. MEETING ADJOURNED AT 11:35 A.M. (TAPE ON FILE OF THESE PROCEEDINGS) APPROVED: TAMMY EERD, MA,~((,JR:,,; , , ..`~` ,~ ~ ~a - °. ~ ,~,~ ~, -~r, ~ r ~.~~e w~. ,._ : ~~~ L~~ ~ ` i \ ~~~,,~ ~ ~2~ ~ S DATE APPROVED v ~ _~ I~-~ ~,4T~~ST~D: ''r~, ~~:',- ~IVILLIAM G. BERG, J ., ITY CLERK "9d ~`~ T i S~ / .:; '/ ,,,. y ~~~~~~iai0i ni~t~~~`~,~ December 19, 2007 MERIDIAN CITY COUNCIL MEETING December 20, 2007 APPLICANT ITEM NO. 2-14 REQUEST Approve Minutes of December 4, 2007 Regular City Council Meeting AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTW: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. December 19, 2007 MERIDIAN CITY COUNCIL MEETING December 20, 2007 APPLICANT ITEM NO. 3 REQUEST Cooperative Construction and Reimbursment Agreement for the 21 inch Sanitary Sewer Trunk line Overland Road to Ten Mile Road for Southridge with Linder 109 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: _,C/ I~ " CITY PARKS DEPT: ~/ MERIDIAN SCHOOL DISTRICT: , _) V" ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. Tara Green From: X11 Berg Sent: Tuesday, December 18, 2007 8:08 PM To: Tara Green Subject: Fw: Southridge 21 Reimbursement Agreement 12 18 07 Attachments: Southridge 21 Reimbursement Agreement 12 18 07.doc We will have a special CC meeting on Thursday, December 20 at 10:30 am to approve this agreement. -----Original Message----- From: Bill Nary To: Will Berg Sent: Tue Dec 18 18:39:11 Subject: Fw: Southridge 21 Bill Nary City Attorney/HR Director City of Meridian 703 Main Street Meridian, ID 83642 208.898.5506 or 208.898-5503 (office) 208.884.8723 (fax) 2007 Reimbursement Agreement 12 18 07 -----Original Message---- From: Ted Baird To: Bill Nary Sent: Tue Dec 18 17:29:02 2007 Subject: Southridge 21 Reimbursement Agreement 12 18 07 Southridge ~imbursement COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT 21-INCH SANITARY SEWER TRUNKLINE OVERLAND ROAD TO TEN MILE ROAD L_I THIS AGREEMENT made this day of , 2007, by and between the CITY OF MERIDIAN, a municipal corporation, hereinafter called "CITY," and Linder 109, LLC, hereinafter called "DEVELOPER": WITNESSETH: WHEREAS, 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 DEVELOPER'S property and future City of Meridian property, shown on Exhibit "A" and Exhibit "C," and has requested reimbursement for a portion of the sanitary sewer system; WHEREAS, upon recommendation of the Public Works Department, the City Council of CITY accepted and approved the proposal of DEVELOPER to construct the sanitary sewer system, subject to all conditions hereinafter provided by this Agreement; NOW THEREFORE, in consideration of the foregoing premises, CITY and DEVELOPER hereby agree: A. Preparation of Plans. 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 DEVELOPER shall acknowledge in writing the final plans, and said plans shall not thereafter be modified in any material way unless such modifications are approved in writing signed by CITY and DEVELOPER. C. Construction of the Project. 1. DEVELOPER shall install and construct the Project in compliance with and subject to all conditions provided herein. COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT -Page 1 of 12 i 2. 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. 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. DEVELOPER shall solicit bids and publish requests for bid proposals for construction of the Project from at least three (3) properly licensed public work contractors. DEVELOPER shall award the construction contract to the lowest qualified bidder pursuant to all applicable public bidding rules as required by Idaho law after obtaining approval from CITY of successful bidder and bid amount. CITY shall reserve the right to reject all bids and/or cancel this Agreement if CITY, in its sole discretion, determines that the successful bidder or bid amount is unacceptable for any reason. E. Contract Terms. 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 ~_) weeks from the date DEVELOPER issues to the contractor written notice to proceed. 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, or (d) any request for extension of time approved in writing by CITY. 5. A requirement that the contractor shall pay liquidated damages of ($ )per day for each day that Substantial Completion is delayed beyond ~) weeks from the date DEVELOPER issues written notice to proceed, or no later than , 2007, or beyond the extended date as allowed herein. COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT -Page 2 of 12 6. 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, naming both DEVELOPER and CITY as co-insureds. 7. A provision that the contractor shall indemnify CITY and DEVELOPER from any and all claims by third persons arising out of the performance of the contract. 8. 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. 9. 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 the posting of a performance bond 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. DEVELOPER shall obtain written approval from CITY of the form and terms of such construction contract, which approval maybe withheld for any reason, including but not limited to 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. 3. For the purpose of assuring CITY that DEVELOPER will perform its obligations under this Agreement, DEVELOPER shall provide CITY with an irrevocable and unconditional letter of credit in favor of CITY in an amount equal to one hundred and ten percent (110%) of the total contract price less the amount to be reimbursed to DEVELOPER under this Agreement. In lieu of a letter of credit, the DEVELOPER may provide a cash bond in the same amount, or pledge other security acceptable to CITY of equal value. When all DEVELOPER'S contractors for the Project have been paid and CITY has acknowledged satisfactory completion of the Project, such assurance shall be released to DEVELOPER. In its sole discretion, CITY may allow the reduction of the assurance as payments of costs of the Project are made for services rendered during the course of construction. G. DEVELOPER and CITY Responsibility for Costs. Because the 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. DEVELOPER shall fund 100% of the cost of the Project, estimated at $425,588.00, with reimbursement from the CITY in accordance with the provisions of this Agreement . COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT -Page 3 of 12 • H. Change Orders to Construction Contract. 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 DEVELOPER shall execute an amendment to this Agreement to record the amount of the change order to be reimbursed to DEVELOPER, if any. In the event that a change order or other amendment to the construction contract results in a cost savings, CITY and DEVELOPER shall execute an amendment to this Agreement to reflect how the cost savings will be allocated between CITY and DEVELOPER. I. Completion of the Project. 1. Upon final completion of the Project, 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 DEVELOPER shall promptly cause the remediation of all non-conforming matters. 2. Upon completion of the Project, 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, 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, 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. Reimbursement to DEVELOPER. 1. Estimated Total Reimbursement. Because DEVELOPER will construct the Project, CITY shall reimburse to DEVELOPER that portion of the cost allowed by City Code, after a 2.5% deduction for an administration fee, with the total reimbursement to the DEVELOPER estimated at $251,254.00. 2. Method of Payment. Reimbursement shall not be made until written certification of project completion has been received by Citespursuant to section I, above. To receive payment, DEVELOPER will provide CITY with a written invoice for each Reimbursement Payment. Upon receipt of such invoice, CITY will pay such invoice within thirty (30) days after receipt, provided that DEVELOPER is in compliance with all other terms and conditions of this Agreement, including, but not limited to, section J(3), below. As a father prerequisite to receiving any reimbursement payments, DEVELOPER must provide proof to CITY that DEVELOPER has entered into a binding Cooperative Development Agreement with the Ada Count}_Highway District for the following project: The construction of Overland Road from COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT -Page 4 of 12 C~ Linder Road to Ten Mile Road to a five (5) lane urban road section with curb, gutter and sidewalk including the realignment of Overland Road to intersect Ten Mile Road south of the Ridenbaugh Canal, the disconnection of the existing Overland Road at Ten Mile Road, the signalization of the Overland Road/Linder Road intersection and the signalization of the realigned Overland Road/Ten Mile Road intersection, all as the same shall more specifically be defined by the plans and specifications to be prepared and approved as set forth herein and as described in the Southridge Subdivision preliminary plat approval dated September 12, 2007. 3. Timing of Reimbursement Payments. CITY shall make to DEVELOPER One 1 - - - ----- reimbursement payment in the amount of $251,254.00. 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 DEVELOPER'S request for the first Reimbursement Payment. CITY shall make the first Reimbursement Payment upon (a) DEVELOPER'S satisfactory completion of the construction of the sewer improvements; and (b) 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 remaining two (2) Reimbursement Payments shall be made annually for two (2) years after Completion of the Project as set forth herein. If CITY fails to timely submit to DEVELOPER the remaining two (2) Reimbursement Payments, payment in full shall become due on or before the date required by the Idaho Department of Transportation for completion of Overland Road realignment utilities. The first 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(9) 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. K. Sanitary Sewer Lines on DEVELOPER'S Property. As a condition for CITY entering this Agreement, 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 DEVELOPER'S property. L. Compliance with Laws. 1. In constructing and installing the Project on and/or within its property, DEVELOPER, at its sole expense, shall comply with any and all laws, orders and regulations of Federal, State and local authorities and at DEVELOPER'S sole expense shall obtain any and all licenses or permits which may be required for or in the course of the performance of this Agreement. 2. Upon connection to the City of Meridian sanitary sewer system, DEVELOPER shall abide by all applicable CITY laws, rules and regulations pertaining to sanitary sewer systems. Deleted: twee (3) equal Reimbursement Payments, estimated at 83 751.33 each. COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT -Page 5 of 12 M. Indemnification and Insurance. DEVELOPER shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, and/or 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, throughout the pendency 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 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. 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. O. Remedies upon Default. 1. Default by DEVELOPER. In addition to such other remedies at law or in equity that CITY may have, in the event 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 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, DEVELOPER shall be entitled to all remedies available at law or in equity. P. Attorney Fees. Should either 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. COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT -Page 6 of 12 • • 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 DEVELOPER: Linder 109, LLC 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 Property" in the Agreement shall mean the parcels shown on Exhibit "A" attached hereto, and more specifically all of the property included in the Southridge Subdivision. 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. COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT -Page 7 of 12 W. Reports and Information. At such times and in such forms as the CITY may require, 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 Inspections. 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 DEVELOPER'S records with respect to all matters covered by this Agreement. DEVELOPER shall permit the CITY to audit, examine, and copy such records, and to make audits of all contracts, invoices, materials, payrolls, 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. Z. Approval Required. This Agreement shall not become effective or binding until approved by CITY. 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: Linder 109, LLC Name (printed) Signature CITY: BY: Title Date TAMMY de WEERD, MAYOR Date Attest: WILLIAM G. BERG, JR., CITY CLERK COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT -Page 8 of 12 • STATE OF IDAHO ) ss County of Ada ) • On this day of ,2007, before me the undersigned, a Notary Public in and for said State, 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. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public For Idaho Residing at: Commission Expires:_ STATE OF IDAHO ) ss County of Ada ) On this day of ,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. Notary Public For Idaho Residing at: Commission Expires:_ COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT -Page 9 of 12 • EXHIBIT "A" COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT -Page 10 of 12 • • EXHIBIT "B" COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT -Page 11 of 12 • EXHIBIT "C" COOPERATIVE CONSTRUCTION AND REIMBURSEMENT AGREEMENT -Page 12 of 12