HomeMy WebLinkAboutReimbursement Agreement with Meridian Development Corp for Irrigation Pump Station for Split Corridor Phase OneREIMBURSEMENT AGREEMENT
REGARDING THE
IRRIGATION PUMP STATION
FOR THE
SPLIT CORRIDOR PROJECT PHASE ONE LANDSCAPING
BETWEEN
MERIDIAN DEVELOPMENT CORPORATION
AND
THE CITY OF MERIDIAN
THIS REIMBURSEMENT AGREEMENT is made and entered into this ~ Ff ~' day of
June, 2010, by and between the Meridian Development Corporation (MDC) and The
City of Meridian, Idaho (City), to establish a mutual understanding of the conditions
upon which the City of Meridian will receive reimbursement for work associated with the
Split Corridor Phase One Irrigation Pump Station.
WHEREAS, MDC and City are parties to an agreement dated June 26, 2008 (the
"Three Party Agreement"} with the Ada County Highway District to provide, among other
things, certain landscape improvements associated with the Meridian Split Corridor
Phase One Project ("Project"); and
WHEREAS, Under the Three Party Agreement, MDC was to be solely responsible to
provide the design and installation of an irrigation pump station to provide adequate
water volume and water pressure to the Project landscaping; and
WHEREAS, City is willing to provide construction management services for the
construction and installation of the pump station, subject to reimbursement from MDC;
and
WHEREAS, MDC has approved the expenditure of up to $55,000.00 for reimbursement
of costs associated with construction and installation of the pump station and
associated equipment.
NOW, THEREFORE, the parties hereby agree as follows:
1. MDC shall provide to Gity a complete set of plans for the design of the pump
station.
2, City shall bid and manage the construction and installation of the pump station.
3. Upon presentation of an invoice and documentation of expenses, MDC shall
reimburse City for actual pump s#ation construction costs up to $55,000.00.
4. In the event that MDC fails to fulfill its obligations under this agreement, City
reserves the right to utilize any available legal remedy receive reimbursement.
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5. If a suit, action, or other proceeding arising out of or related to this AGREEMENT
is instituted by any party, the prevailing party shall be entitled to recover its
reasonable attorney fees, expert witness fees, and costs (i) incurred in any
settlement negotiations, {ii) incurred in preparing for, prosecuting or defending
any suit, action, or other proceeding, and (iii) incurred in preparing for,
prosecuting or defending any appeal of any suit, action, or other proceeding.
6. This AGREEMENT shall be construed and interpreted in accordance with the
laws of the S#ate of Idaho. The parties agree that the courts of Idaho shall have
exclusive jurisdiction and agree that Ada County is the proper venue.
7. Time is of the essence with respect to the obligations to be performed under this
AGREEMENT
8, The failure or neglect of a parley to enforce any remedy available by reason of the
failure of the other party to observe or perform a term or condition set forth in this
AGREEMENT shall not constitute a waiver of such term or condition. A waiver
by a party (i) shall not affect any term or condition other than the one specified in
such waiver, and (ii) shall waive a specified term or condition only for the time
and in a manner specifically stated in the waiver.
fN WITNESS WHEREOF, the parties do execute this Reimbursement Agreemen# the
day and year first above written.
MERI[N N DEVELO''PM NT CORPORATION
( l
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Y
Larry Lipschultz, Chair an
CI'T'Y OF MERIDIAN, IDAHO
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By:
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Attest: TFo
Jaycee L. Ho an, City Clerk - ~ _
SEAL
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~~ C~UNT~ ' ~~`~~
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