Loading...
Reimbures Agreement with Kleiner Park Trust for Add-AlternatesREIMBURSEMENT 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 Paris 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 an $0 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 to complete the arboretum in an amount not to exceed $730,000.00; NOW, THEREFORE, the parties hereby agree as follows, 'I. 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 Trust for such actual expenses up to one hundred thirty thousand dollars ($130,000.00). 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 to be performed under this Agreement. Reimbursement Agreement - 1 of 2 IN WITNESS WHEREOF, the parties do execute this Agreement the day and year first above written: JULIUS M. KLEINER MEMORIAL PARK TRUST By2���7 �� EI en Gray Co-Trustee By= Michael E. Huter Co-Trustee CITY OF MERIDIAN, IDAHO By: Tammy de a d, Mayor r, 1i ti Attest: ho Jaycee t—nolrr& City Clerk f . r cls Reimbursement Agreement 2 of 2