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Memorandum of Understanding with NuPacific Company for Cherry Lane Golf Course�.y p , dEk MEMORANDUM OF UNDERSTANDING 9 This Memorandum of Understanding by and between Nupicific Company, Inc. (hereinafter�� referred to as Developer") and the City of Meridian, Idaho (hereinafter referred to as "City") f y ) is int nded to set forth the understanding between the parties relative to the design construction, ownership and maintenance of a golf course to be constructed on Developer's property in Meridian, Idaho knorAn as Cherry Lane Village. j ti The Developer intends to design and construct a nine hole C golf course as a Evart of its Cherry Lane Village Development in Meridian, Idaho. The entire cost of such design and construction, through the second cutting of such golf course will be'born 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 courses throughout 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 - i mentioned standard of quality. i The configuration and design of the golf course has been dictated by the placement of the lots within the development and approved by the City. The Developer intends to submit to the City the drawings and plans for physical construction of the golf corse;: within the near future. The City respects the Developer's con- struction schedule and therefore agrees to review and approve the In the event the City wishes to suggest construction; rheincles it, thy• c1()1 f (11,111(je , wi 1 1 he submitted prior tQ the end of the ten days review period. The developer may then either incorporate such changes into the plans or object. If objection is made by the Developer to suggested changes by the City, the matter will then be submitted to JUB Engineers for their determination. JUB shall be the final arbitrator for any such change suggestions which are objected to by the Developer. Upon completion of the second cutting of the golf course, and before the property is deeded to the City, JUB Epgineers Sall make a final inspection to insure that the course meets the co- struction spocificaLions. ,11111 :,1,111 be the final inspector pr7 ior to p such deeding over by the Developer, and the City will not be respon- sible for maintenance until any defects are corrected by the D�v- i ti eloper to JUB Engineer's satisfaction, or to the specifications of the design. � I� 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 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 time as a formal contract document is executed by them. NuPacific Company, Inc. Ci. i By: By Date:- 1 Z /.23 h 7 Dai