HomeMy WebLinkAboutMemorandum of Understanding with NuPacific Company for Cherry Lane Golf Course-~ , X
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MEMORANDUM OF UNDERSTANDING ~ .
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This Memorandum of Understanding by and between NuPicific .
Company, Inc. (hereinafte ~~
r referred to as Developer") and the City
of Meridian, Idaho (hereinafter referred to as "Cit f
y ) is int nded
to set forth the understanding between the parties relative t the`
design construction, ownership and maintenance of a golf tour a to
be constructed on Developer's property in Meridian, Idaho kno n as
Cherry Lane Village. j
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The Developer intends to design and construct a nine,. hole
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golf cour.sc as a Evart of i t ~. Cherry Lane Vi.l lags Development ih
Meridian, Idaho. The entire cost of sack design and construction,
through the second cutting of such golf course will beNborn bylthe
Developer. ~`
Upon completion of the second cut of the golf course the
Developer will deed the golf course property over to the City or ^
its ownership and maintenance as a public municipal golf course.
The City intends to maintain the course at its own expense
and at a standard of quality consistent with similar bourses tl~.roughbutV~
the country. In that regard 'the City will cooperate with a certain
golf agency or association, to be designated at a later date, o
insure that the course is inspected and maintained at such afo e-
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mentioned standard of quality.
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The configuration and design of the golf course has bieen
dictated by the placement of the lots within the development anH
approved by the City. The Developer intends to submit to the City
tree drawings and plans for physical construction of the golf co~rse;:
within the near future. The City respects the Developer's con-
struction schedale and therefore agrees to review .and approve the,
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plans and designs within ten days following their receipt.
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In the event the City wishes to suggest construction;
-' , rh~~nc~~~:; i tt t~hi• c~c)1 f c•c~ur::i• s:uc•1~ ~~Ii•~n~3c•:, wi ] ] hc' :~ubmi t-tcd (~rinl^ tq
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the end of the ten days review period. The developer may then
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either incorporate such changes into the plans or object.
If ~ ~,
objection is made by the Developer to suggested ck~anges
by the City,, the matter will then be submitted to JUB Engineers for
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their determination. JUt3 ahall be the final arbitrator for any-such
change suggestions which are objected to by the Dzveloper.
Upon completion of the second cutting of the golf course,.
and before the property is deeded to the City, JUB Engineers sY~all
make a final inspection to insure that the course meets the co~-
struction sFrcrcificat.ic~n:.. ,llJli :,I~,tll b~~ the final ins ector
p prior to
such deeding over by the Developer, and the City will not be respon-
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Bible for maintenance until any defects are corrected by the D~v-
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eloper to JUB Engineer's satisfaction, or to the specifications of
the design. ~'°
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Following the City's assumption of the golf course owner-
ship the Developer will retain the right to have the course main-
tained its proper standard of quality and will be allowed to enter
on~to the property to undertake such maintenance at the City's l
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expense in the event the City :'fails to do so, following reasonable
notice of Developer's intent to undertake such action.
It is both parties intent that this memorandum of and r-
standing act as the agreement between the parties until such tune as
a formal contract document is e:tecuted by them.
NuPacific Company, Inc. Ci~
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By: / ~ By
Date : ~ Z T/~~ ~ Dai
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