HomeMy WebLinkAboutReimburesement Agreement with Julius Kleiner Park Trust for Add-Alternates 80 Acre Public Parkr'
REIMBURSEMENT AGREEMENT FOR ADD ALTERNATE ITEMS
AT JULIUS M. KLEINER MEMORIAL PARK
BETWEEN THE JULIUS M. KLEINER MEMORIAL PARK TRUST
AND THE CITY OF MERIDIAN
This REIMBURSEMENT AGREEMENT FOR ADD ALTERNATE ITEMS AT
JULIUS M. KLEINER MEMORIAL PARK BETWEEN THE JULIUS M. KLEINER
MEMORIAL PARK TRUST AND THE CITY OF MERIDIAN ("Agreement') is made and
entered into this ,~ day of September, 2011, by and between the Julius M'.
Kleiner Memorial Park Trust ("Trust") and the City of Meridian, Idaho ("City"), to
establish a mutual understanding of the conditions upon which the Trust will receive
reimbursement for certain add-alternate items associated with the construction of the
Julius M. Kleiner Memorial Park.
WHEREAS, Trust is constructing a $25 Million Dollar park on 60 acres that is to
be donated to City as a public park; and
WHEREAS, due to construction cost increases, certain park amenities were
deleted from the park and have been listed as "add-alternate" items; and
WHEREAS, Trust has a contractor currently mobilized at the park construction
site and can deliver these add-alternate items using volume pricing under current .
contracts, representing a significant cost savings; and,
WHEREAS, City is willing to provide reimbursement to Trust for implementing:
certain add-alternatives, specifically an additional picnic shelter, trees, markers, and a
gravel pathway fo complete the arboretum in an amount not to exceed $130,000.00;
NOW, THEREFORE, the parties hereby agree as follows:
7. Trust shall provide to City, for City's approval, a set of plans for the design of the
additional picnic shelter, trees., markers and gravel pathway ("Add-Alternates°).
2. Trust shall manage the construction and installation of the Add-Alternates.
3. Upon presentation of an invoice and documentation of expenses incurred by
Trust for materials, construction costs, and labor for installation of the Add-
Alternates, City shall reimburse Trusf for such actual expenses up to one
hundred thirty thousand dollars ($130,000.OD).
4. This Agreement shall be construed and interpreted in accordance with the laws
of the State of Idaho. The parties agree that the courts of Idaho shall have
exclusive jurisdiction and agree that Ada County is the proper venue.
5. Time is of the essence with respect to the obligations tc be performed under this
Agreement.
Reimbursement Agreement - 1 of 2 .
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I,N WITNESS WHEREC3F, the parties do execrate this Agreement the day. and year first
above written.
JULIUS M. K~EINER MEMQRIAL PARK TRUST
By
EI en Gray
Ca-Trustee
Michael E. Huter
Co-Trustee
CITY OF MERIDIAN, IDAHO
By:
Tammy de a d, Mayor
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Attest: ,~`' ~ '~L:. ho
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Jaycee. of ,City Clerk ~r° ~~~ °=' ti
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Reimbursement Agreement - 2 of 2