Champion Park Budget Amdmt
,
Meridian Parks & Recreation
Memo
RECEIVED)
MAY - 1 2006
Date:
Re:
Mayor I City Council
Will Berg k~ ~
Doug Strong ;Ô~.<..JV~'~
April 27 2006
Champion Park Budget Amendment
City of Meridian
City Clerk Office
To:
Cc:
From:
The Parks Staff is requesting approval of impact fees for the reimbursement of construction
costs for Champion Park at closing on June 1,2006 in the amount of $212,550.00.
Per the Park Development, Park Impact Fee Reimbursement, and Real Property
Conveyance Agreement between the City of Meridian and Hillview Development Corporation,
Developer of Champion Subdivision Park dated July 26, 2005 states the developer shall
receive reimbursement from the City of Meridian for the costs associated with the
construction of the park and system improvements identified in Section 2.2 and Section 2.3 of
this agreement which totals $212,550.00. The agreement and sections mentioned above are
attached for your review.
The City of Meridian has agreed in writing to the amount to be reimbursed to the developer
for these improvements. This reimbursement shall be paid at closing which is scheduled for
June 1, 2006.
Staff is requesting this item be placed on the City Council agenda under Department Reports
for May 9, 2006.
TOTAL IMPACT FEE REIMBURSEMENT $212,550,00
~ODeRitinD Expenditures: 1 time Exøenditures Yr to Yr Expenditures
TOTAL OPERATING COSTS $ , $ -
Capital Outlay: 1 time EXD8nditures
Champion Park Construction 212,550.00
TOTAL CAPITAL COSTS $ 212,660
ORAND TOTAL of REQUEST $ 212,660
CITY of MERIDIAN
BUDGET AMENDMENT
Desoriptive
Title:
APPROVALS:
Pre-Council
Financial Management & Planning
Pre-Counc"
Mayor
Use This Form for Appropriation Chll11ges and Budget Trll11sfers
PropeR
Amount
Fiscal veer: 2006 I
Department: hrk8 & Reore81Ion
ExPand Text Boxes and Use Extra Pages If Necessary
1. Describe whet is being requested and why. If the request includes
employees provide a basic explanation of job funcöons. IBhe request
includes consuJling or contm:tlng fees include a description otthe scope
of work. Ifthe request includes equipment include I description of what
the equipment wUI be used for. If the request Includes construction
describe the sØfVlce resutt of the finished project
Per the Park Development, Perk Impact Fee Reimbursement, and Real Property
Conveyance Agreement between the City of Meridian and HHMew Development
Corporation, Developer of Champion Subdivision Park dated July 26. 2005 states the
developer shall receive reimbursement from the CIty of Meridian for the costs associated
with the construction of the park and system improvements Identified in Section 2.2 and
Section 2.3 of this agreement which totals $212,550.00. The agreement and sections
mentioned above are attached for your review.
$
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DO NOT ENTER
IN BLUE CEllS
THEY CONTAIN
FORMULAS
2. What unexpected event or sJluation requires appropriation outside of the
annual budget and appropriation process.
The City of Meridian has agreed in writing to Ihe amount to be reimbursed to the developer
for these Impro~menls. This reimbursement shall be paid at closing which is scheduled
for June 1, 2006.
3. Describe the proposed method of financing this request, include the fund (5), and any
expected revenues or funding sources outside the City.
¡?'ark Impact Fees I
Date
Date
Date of Council Approval
Clerks Office
SIGNED copy MUST BE RETURNED TO OFFICE FINANCIAL MANAGEMENT
CHECK MONTHlY BUDGET AMENDMENT REPORT TO ENSURE APPROVED AMENDMENT HAS BEEN ADDED
December 22,2005
City of Meridian
33 East Idaho
Meridian, Idaho 83642
AUn: City Clerk
Re: Champion Park City Park Extensioil
Hillview Development Corporation hereby requests an extension of the "Park
Development, Park Impact Fee Reimbursement, and Real Property Conveyance
Agreement" until June 1, 2006 for the City Park we constructed in Champion Park
Subdivison.
This request is necessary due to the delay in obtaining a building permit for the restroom
building and due to inclement weather. We ,have coordinated this request Doug Strong
and Elroy Huff of the Parks Department and they are in agreement to allowing it.
It
Jim rkle¡
Presi ent
Hillview Development Corp
Approved by:
~ ~Date
Cc Doug Strong
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April 5, 2006
City of Meridian
Parks and Recreation Department
11 W. Bower
Meridian, ID 83642
Attn: Doug Strong
Elroy Huff
Re: Champion Park Subdivision
City Park Invoice # 1
Elroy,
Attached is Invoice #1 for the reimbursements for the construction of the City Park
within Champion Park Subdivision.
Please remit check to:
Hillview Development Corp
150 E Aikens
SteA
Eagle, ID 83616
Also enclosed is the Park Facilities cost breakdown we provided you back on November
8,2005. If you have any questions please call 939-2730
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¡ Best regards,
., Jim Merkle
Hillview Development
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. APR 06 2006
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Hillview Development Corporation
150 E. Aikens Suite A
Eagle, ID 83616
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Champion Park Subdivision City Park
City Park Invoice No.1
April 5, 2006
ITEM
BUDGET
PERCENT
COMPL
Amount
Complete
PREVIOUS
INVOICE
AMOUNT
THIS INVOICE
Reimbusable Items Section 6.1 $212,550.00 50.00% $106,275.00 $0.00 $106,275.00
Reimbursable Items Section 6.2 $134,046.12 0.00% $0.00 $0.00 $0.00
Reimbursable Items Section 6.3 $7,061.62 100.00% $7,061.62 $0.00 $7,061.62
Totals
$353,657.74
$113,336.62
$0.00
$113,336.62
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CHAMPION PARK - PARK FACILITIES
Reimbursable Items Section 6,1
November 8.2005
Reimbursable Items Section 6.2 Construction Responsible
Cost Status Contractor
Picnic Shelters $13,870.00 NOT INSTALLED Haemker General Contracting
Public Restroom $92,415.00 NOT INSTALLED Haemker General Contracting
Playgound Eqpt.- Installation Only $4,969.00 NOT INSTALLED Haemker General Contracting
Playground Base (Woodcarpet)-Matl. Cost $4,700.00 NOT INSTALLED Haemker General Contracting
Playground Base (Woodcarpet)-Installation $1,530.00 NOT INSTALLED Haemker General Contracting
Basketball Court
Excavation/Slab Prep
Concrete Slab-Concrete MatI.
Concrete Slab-Concrete Installation
Concrete Slab-Concrete Pump
Poles, Backboard & Striping
Subtotal- Basketball Court
$4,200.00
$5,376.57
$3,307.50
$570.00
$3,108.05
$16,562.12
Construction Cost Total
$134,046.12
Reimbursable Items Section 6.3
Total Reimbursable Items
COMPLETE
COMPLETE
COMPLETE
COMPLETE
NOT INSTALLED
Nampa Paving & Asphalt
Idaho Concrete Co.
Aggregate Construction, Inc.
Bru ndage-Bone
Haemker General Contracting
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$212,550.00
$134,046.12
$7,061.62
$353,657.74
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ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 08/17/05 10:47 AM
DEPUTY Bonnie Oberbilllg IIIIIIIIIIIIIII
REC.O~DE~-REaUEST OF 1'11"'111111""11'11
Meridian Clly 105115813
AMOUNT .00
18
PARK DEVELOPMENT, PARK IMPACT FEE REIMBURSEMENT, AND REAL
PROPERTY CONVEYANCE AGREEMENT
Parties: City of Meridian
Hillview Development Corporation, Developer
This Agreement is entered into this ~ day of , 2005, by
and between the City of Meridian, a municipal corporation ofthe Stat of Idaho, whose address
is 33 East Idaho Street, Meridian, Idaho 83642, hereinafter referred to as "City" or ":MPR", and
the Developer of the Champion Park Subdivision, Hillview Development Corporation, whose
address is 150 East Aikens, Suite A, Eagle, Idaho 83616, hereinafter referred to as "Developer".
WHEREAS, the City, pursuant to §10-7-9, Meridian City Code, and §§67-820 and 8209,
Idaho Code, has the authority to enter into agreements with developers for the construction of
system improvements when the same are to be paid by development impact fees, including park
and recreation facilities; and
WHEREAS, the Developer is entitled to receive credit or reimbursement of development
impact fees, for the present value of any construction of system improvements of the category for
which the development impact fee is being collected, provided that an agreement for such credit
or reimbursement is negotiated in good faith and entered into prior to such construction; and
WHEREAS, the Developer has agreed to provide the construction, installation and
inspection of the improvements necessary to construct the Project strictly adhering to City
specifications at a fixed price, the benefit of the Developer being completion of the design and
construction of the Project at a date earlier than would be possible if the City were to undertake
such design and construction, and the benefits to the City being the completion of construction of
the Project at substantially less cost and expense, resulting in a savings to the citizens and
residents of Meridian, and the obtaining of a park for the use and enjoyment of the citizens and
residents of Meridian at a date earlier than would otherwise be possible, which benefits to the
City are determined substantial and in the best interests of the City and its citizens and residents;
and
PARK DEVELOPMENT AND PARK IMP ACT FEE REIMBURSEMENT AGREEMENT
PAGE 1 OF 18
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WHEREAS, the submitted pJat includes a six (6) acre neighborhood park site; and
\VHEREAS, the City agrees that the use of the park impact fee credits or
reimbursements will help the City achieve its goal of increasing inventory of neighborhood
parks.
NOW, THEREFORE, in consideration of the covenants and conditions set forth herein,
the Developer and the City do hereby agree as follows:
1.
As used in this Agreement, the following words have the meanings herein stated:
1.1
CITY shall mean the City of Meridian acting through its Parks and Recreation
Department (MPR).
1.2
PROJECT REPRESENTATIVE shall mean the person appointed by the City to
act on its behalf as to matters indicated under this Agreement. The appropriate
Project Representative during the Design Phase is Doug Strong or his designee
and during the Construction Phase is Doug Strong or his designee. The City may
employ an additional outside consultant to act with and on behalf of the City as an
inspector. '
1.3
DEVELOPER shall mean Hillview Development Corporation, whose address is
150 E. Aikens, Suite A, Eagle, Idaho 83616, the Developer of the Champion Park
Subdivision.
1.4
THE DESIGN ENGINEER FOR PARK DESIGN shall mean the firm of
Harvest Design, 6001 W. State Street, Suite C, Boise, Idaho 83703; and the
DESIGN ENGINEER FOR PARKING LOT, DRAINAGE, AND GRADING
shall mean the firm of Engineering Northwest, LLC, 423 N. Ancestor Place, Suite
180, Boise, Idaho 83704.
1.5
PROJECT shall mean the design and construction of Lot 12, Block 11, of
Champion Park Subdivision No.3, consisting of approximately 6 acres, as
required by the City and as approved by the Board of Park and Recreation
Commissioners as limited by the itemized Scope of Work.
1.6
PROGRAM DOCUMENT shall mean all of the requirements and minimum
quality standards applicable to the Project outlined by the City in its Standard
Plans, Details and Specifications. The Developer warrants that its Design
Development Documents and its complete design and construction of the Project
does and will fully satisfY or. exceed the requirements of the Program Documents.
in providing fully functional facilities, unless indicated otherwise in the approved
Design Development Documents. If quality levels are not stated in the Program
Document, it shall remain at the same level of quality and workmanship
established for the rest ofthe Project.
PARK DEVELOPMENT AND PARK IMP ACT FEE REIMBURSEMENT AGREEMENT
PAGE 2 OF 18
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1.10
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'WORK shall mean all labor, equipment, materials and services necessary or
appropriate to design and construct the Project.
1.9
CONSTRUCTION DOCUMENTS shall mean the completed and fully detailed
drawings and specifications prepared by the Developer setting forth in detail the
requirements for construction of the Work. Upon review and acceptance of the
Construction Documents by the City, the same shall be incorporated into this
Agreement. The Construction Documents shall become the property of the City.
Construction Documents must comply with the Program Documents and the
Design Development Documents, or with deviations agreed to by the City.
THE CONTRACT DOCUMENTS shall mean this Agreement, and any other
modifications authorized by Change Order issued pursuant to this Agreement.
The Developer shall be responsible for the professional quality, technical
accuracy and the coordination of all designs, drawings, specifications, and other
services furnished under this Agreement. The Developer shall, without additional
compensation, correct or revise any errors or deficiencies in its designs, drawings,
specifications, and other services. In the event of any inconsistencies among the
Contract Documents, the documents will first be interpreted as a reasonable whole
to assure that the goal of a functional facility is achieved. Should the
inconsistency still exist then, the documents will be interpreted as follows: The
Construction Documents, the Design Development Documents and then the
Program Documents.
2.
DEVELOPER AGREES TO THE FOLLOWING RESPONSmn..ITIES:
2.1
TRANSFER OF TITLE: In order for Developer to comply with site specific
condition of approval #35 ofFP-05-019, this agreement shall be considered a
binding obligation by Developer to transfer title to the six (6) acre park to be
legally described upon recording of the final plat as Lot 12, Block 11 of
Champion Park Subdivision No.3. Transfer of title shall occur after recording of
the final plat as follows:
a.
DEED. Title of Developer is to be conveyed by statutory warranty deed,
and is to be marketable and insurable except for rights reserved in federal
patents, building or use restriction, building and zoning regulations and
ordinances of any governmental unit, rights of way and easements
established or of record, any other liens, encumbrances or'defects
approved by City.
CLOSING DATE. On or before the closing' date, the City and Developer
shall deposit with the closing agency all funds and instruments necessary
to complete the transaction. The closing date shall be no later than
December 31, 2005. Closing shall not occur until City provides notice
that the Project has been constructed according to the standards and
b.
P ARK DEVELOPMENT AND PARK IMP ACT FEE REIMBURSEMENT AGREEMENT
PAGE 3 OF 18
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c
specifications set forth in this Agreement and that all title contingencies
haye been satisfied
TITLE COlVIPANY/CLOSING AGENCY. The parties agree that
Pioneer Title Company shall provide any required title policy, preliminary
report of commitment, and shall act as the closing agency tor this
transaction. The title company contact is Sue Rich at the Rifleman
Branch. Each party agrees to pay one-half of the closing agency's fee.
TITLE INSURANCE. The City intends to purchase a standard Owner's
Title Policy premium in this transaction. The Title Company is to provide
all parties to this Agreement with a preliminary Title Report on as soon as
possible after the recording of the final plat. The City shall have 30 days
to object in writing to the condition of the title as set forth in the report,
unless said time period is extended pursuant to this agreement. In the
event the City makes written objection to the title, Developer shall have a
reasonable time, not to exceed 30 days, to cure any defects of title or
provide affirmative title insurance coverage. The final Title Insurance
policy shall be delivered to the City by the Title Company as soon as
possible after closing.
d.
2.2
DEVELOPER AGREED IMPROVEMENTS. For the agreed-upon amount of
Two Hundred Twelve Thousand Five Hundred Fifty Dollars ($212,550.00),
Developer shall construct the following park improvements to the City's park
specifications and design. Payment shall be made pursuant to Section 6 of this
agreement.
a.
b.
Site Grading (rough and final grade).
Install pressurized Irrigation System, including, pressure irrigation pump
station, and irrigation pond adjoining the park.
Hydro-seeding.
Tree planting.
Parking Lot construction.
Construct the concrete and asphalt walkways (including the ten- (10) foot
wide multi-use pathway through and along the site, and the micro-paths
which enter into the park.
Install open-vision fencing along the north and south sides of the park.
Provide sewer and water service to the park, including water, sewer, and
other utility stubs (electrical and phone) for the restroom and shelter
facility.
Prepare subbase for playground and install sidewalk and curb surrounding
pl~y area:
c.
d.
e.
f
g.
h.
1.
2.3
ADDITIONAL IMPROVEMENTS TO BE CONSTRUCTED BY DEVELOPER
AND REIMBURSED BY CITY. Developer shall construct the following
additional improvements, for which Developer shall be reimbursed by City
pursuant to section 6 of this agreement. Developer shall coordinate with City
PARK DEVELOPMENT AND PARK IMP ACT FEE REIMBURSEMENT AGREEMENT
PAGE 4 OF 18
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2.8
regarding the bidding of these improvements and shall not begin construction or
incur any expense until City has agreed in writing to the amount to be reimbursed
to developer for these improvements.
a.
b.
Picnic Shelters
Restrooms
Installation of playground equipment
Basketball court.
c.
d.
2A
The system improvements shall be installed and constructed as shown on the
plans, details and specifications which are in accordance with MPR's adopted
Master Plan and J\.1PR's standard plans, details and specifications, as per the
Technical Specifications for the Park, submitted by Harvest Design - These
Contract Documents shall be approved by the Director and other applicable
government agencies prior to development.
2.5
The Developer shall secure and pay for all necessary approvals and other charges
required for or incurred for the design and/or construction of the Project and to
permit the City's initial use or occupancy of Project, except the City shall pay the
plan check fee ofthe Meridian City Building Department.
2.6
The Developer shall provide all construction supervision, inspection, labor,
materials, tools, equipment and all other Work necessary for the execution and
completion of the Project.
2.7
The Developer shall substantially complete all Work on the Project no later than
the Standard Completion date of December 31,2005. The Developer shall
furnish to the City the schedules and scheduling service.
The Developer shall at all times keep all areas where work is being performed or
materials stored, and surrounding areas, free from the accumulation of waste
materials or rubbish caused by his operations. Upon completion of the Work or
any portions thereof accepted by City for partial occupancies, the Developer shall
remove all waste and rubbish and all construction tools, equipment, machinery
and surplus materials from such areas.
2.9
The Developer shall indemnify, defend and hold harmless the City from any fines,
costs, and assessments and/or actions imposed or asserted for failure to comply
wit~ any safe~y or health regulations or oth~r laws.
The City may use the Proposal Documents, the Design Development Documents
and the Construction Documents and modifications thereof for any remodel
renovation, addition or repair oftbe Project or any part thereof
2.10
PARK DEVELOPMENT AND PARK IMPACT FEE REIMBURSEMENT AGREEMENT
PAGE 5 OF 18
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2.11
2_12
2.13
2.14
2.15
The Developer warrants to the CÜy that all materials and equipment furnished
under this Agreement will be new; that allWork will be of good quality, free from
improper workmanship and defect, and, further, that the materials and equipment
used in construction shall be free from all defects and will be constructed and
installed in accordance with the Contract Documents. The Developer shall
COITect any work that fails to conform to the requirements of the Contract
Documents where such failure to conform appears during the progress of the
Wark, and shall remedy any defects due to faulty materials, equipment or
workmanship which appear within a period of one year from the Substantial
Completion Date. The provisions of this Agreement apply to work performed by
the Developer, subcontractors, consultants, and supplies. All coITections shall be
made at no additional cost and at no increase in the contract price- With respect
to latent defects not reasonably discoverable within such one year period of time,
such defects shall be corrected by Developer upon written request given within
one year £tom the actual date of discovery of such defect, except that Developer
shall not be required to correct latent defects tirst discovered later than five (5)
years £tom the Substantial Completion Date. The foregoing warranties are in
addition to and not a limitation of: a) all other rights and remedies available at law
and equity including any specific additional warranties contained elsewhere in the
Contract Documents, b) such warranties as may be available from manufacturers
of equipment, suppliers of materials or other third-parties, c) Developer's
obligation to complete all Work in strict accordance with the Contract
Documents, and d) City's other remedies.
The Developer will secure and submit certificates of all inspection, testing or
approvals to the Project Representative.
The Developer will collect and submit to the City all manufacturer's waITanties
and all other documents relating to materials and facilities otherwise required by
the Contract Documents.
The Developer shall be liable to the City for all costs and damages resulting ITom
any defect in materials or workmanship. Any warranties provided by the
Developer and of third parties are for the benefit of the City. Developer will be
obligated and responsible to City to the full extent of any warranties provided by
subcontractors, suppliers, manufacturers or others.
Developer shall provide such insurance as is required in the section of this
agreement titled: INSURANCE, INDEMNITY AND WAIVER OF
SUBROGATION.
3.
CITY AGREES TO THE FOLLOWING RESPONSmaITIES:
3.1
The City shall provide engineering and architectural design and management
services as necessary to complete the Project. The City shall prepare and furnish
Construction Documents of the Project in accordance with the Design
PARK DEVELOPMENT AND PARK IMP ACT FEE REIMBURSEMENT AGREEMENT
PAGE 6 OF 18
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3.6
3.7
3.8
3.9
3.10
Development Documents, all applicable building codes in dIeet at the time of this
Contract execution. All design, engineering, architectural, or other professional
services which are a part of the Work shall be perfollned by duly licensed
professionals, skilled and experienced in this type of project. Cost of design
services shall be shared equally between Developer and City. City shall
reimburse Developer as set forth in section 6 of this agreement.
3.2
The City shall provide specifications for the ten (10) foot wide multi-use pathway
for the portion that goes through the park.
33
The City shall provide specifications for the pressurized iuigation supply water
storage pond.
3.4
The City shall provide specifications for the park's pressurized iuigation pump
station that is to be co-located with the subdivision PUIS pump station.
3.5
The City shall specify the location of the sewer and water stubs to the park.
The City shall specify the location of other utilities for the park.
The City shall provide specifications for the PUIS design for the park.
The City shall designate in writing a Proj'ect Representative who shall be
acquainted with the Project and who shall act on behalf ofthe City with respect to
the Project, subject to the limitations upon such authority contained in this
Agreement.
Ifthe City becomes aware of any fault or defect in the Project or non-
conformance with the Contract Documents, the City shall give prompt written
notice to the Developer. This does not relieve the Developer of its responsibility
of conforming to the Contract Documents.
The City shall secure and pay for all necessary approvals, easements, assessments
and charges required for use, or occupancy of the facilities, including any plan
check fee required by the Meridian City Building Department.
4.
SUBCONTRACTORS
4.1
4.2
All Work not performed with the Developer's own forces shall be performed
under written subcontracts. The Developer shall submit to the City, a list of the
names and addresses of all subcontractors, suppliers, and consultants. The
Developer shall complete Form WH-S as required by the State Tax Commission.
No contract or agreement, express or implied, shall be deemed to exist between
the City and any subcontractor, supplier, consultant or other person acting on
behalf of the Developer. Developer shall be responsible for the control and
PARK DEVELOPMENT AND PARK IMP ACT FEE REIMBURSEMENT AGREEMENT
PAGE 7 OF 18
direction of all sÜbcontractors, supplies, and other persons participating in the
construction of the Project and shall be responsible to the City for their acts and
omissions, and their failure to perfonn the Work in strict accordance with the
Contract Documents. The Developer shall be responsible for the payment of all
subcontractors, supplies and other third parties participating in the construction of
the Work and shall indemnity, defend, and hold the City hannless from any claim,
liability, cause of action, or suit relating to or arising out of the acts of such person
or failure to make payments due or allegedly due any of such persons.
5.
CONTRACT TIME SCHEDULE
5.3
5.1
5.2
The Developer shall complete construction by the end ofthe 2005 calendar year.
Time extensions may be granted hereunder by City in accordance with the
provisions of this Agreement. If a time extension is not granted, then in that event
if the Developer fails to commence or complete construction within the time
periods herein stated, the Developer shall be in default ofthis Agreement.
Completion of the Proj ect shall mean the date detennined by the Proj ect
Representative and the Developer when construction is sufficiently complete in
accordance with the Construction Documents so that the City can fully occupy or
effectively utilize the facilities for its intended use. A one year warranty shall
commence from the Completion Date. At the time of the City occupancy of the
Project the City shall direct the Project Representative to execute a certificate of
Completion. The City may also direct the Developer or the Proj ect Representative
to prepare a list of the items to be completed or corrected with respect to the
Project. The City shall not be obligated to accept any portion ofthe Project until
the entire Project is complete.
The Developer shall notify the City in writing when it believes it has achieved
Final Completion. The City shall promptly inspect the Work and, if the City
agrees that Final Completion has been achieved, the City shall so document this
agreement in writing. Final completion is to be achieved by the end of the 2005
calendar year unless modified by Change Order.
6.
REIMBURSEMENTS
6.1
6.2
Developer shall receive reimbursement from the City for constructing the park
and system improvements identified in SECTION 2.2 this document in the total
amount of TWO HUNDRED TWEL VB THOUSAND FIVE HUNDRED FIFTY
AND NO/lOa DOLLARS ($212,550.00). This reimbursement. shall be paid at
closing.
Developer shall receive reimbursement from City for the costs associated with
construction ofthe park and system improvements identified in SECTION 2.3 of
this agreement. Developer shall coordinate with City regarding the bidding of
these improvements and shall not begin construction or incur any expense until
PARK DEVELOPMENT AND PARK Th1P ACT FEE REIl\.1BURSEMENT AGREEMENT
PAGE 8 OF 18
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6.3
6.4
City has agreed in writing to the amount to be reim bursed to developer for these
improvements. This reimbursement sha1] be paid at closing
Developer shall receive reimbursement from City for half of the cost of the design
services identified in section 3.1 of this agreement. City's share of these expenses
is $7, 061.62. Reimbursement for this expense shall be payable upon execution of
this agreement. Developer shall submit an invoice to City, and City shall process
the payment in the normal course ofbusiness.
All of the conditions of the agreement shall be complied with by the Developer
before Developer or his successors may receive a reimbursement for the costs of
park Failure to comply with conditions within the time frame established in the
conditions or the terms of this Agreement shall result in a default of this
Agreement by the Developer.
7-
CHANGES IN THE PROJECT
7.1
7.2
7.3
7.4
Changes by the City: The City, without invalidating this Agreement, may order
changes within the general scope of the Project consisting of additions, deletions
or other revisions. The Contract Price and the Completion Date shall be adjusted
accordingly. Changes in the Project may be authorized only by written Change
Order approved by the City.
Change Order is a written order to the Developer issued by the City after the
execution of this Agreement, authorizing a change in the Project or the
Completion Date.
The City will provide the Developer written authorization and direction to make
City requested Design Changes. Any City directed Additional Design Changes
will be paid by written Change Order.
Claims for Additional Cost or Time:
7.4.1 Ifthe developer wishes to make a claim for an extension in the
Completion Date or in an instance where the Developer contends it was
delayed by an act or omission of City it shall give the City written notice
thereof within five (5) calendar days after the occurrence of the event
giving rise to such claim. This notice shall be given by the Developer
before proceeding to execute any Work affected by the event giving rise to
such a claim, except in an emergency endangering life or property in
which case t~e Developer shall act, at his discretion, to prevent threatened
damage, injury or loss. . .
7.4.2 If it is detennined from the claim and notice submitted by the Developer
that the City has delayed the Developer, then the City will issue a Change
Order and an extension of time may be granted for the demonstrated
period of time lost which is directly attributable to the delay.
P ARK DEVELOPMENT AND PARK IMP ACT FEE REIMBURSEMENT AGREEMENT
PAGE 9 OF 18
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INSURAN CE, lliDKMNITY AND \V AIVER OF SUBROGATION
8_1
8.2
Indemnity: The Developer shall indemnify, defend and hold harmless the City,
its agents, employees, representative, consultants and successors from and against
all claims, damages, costs, liabilities, judgments, legal fees, expenses, actions, and
suits for personal injury, death, and property damage, arising out ofthe Project,
the Work, or the acts or omissions of the Developer, subcontractors, suppliers,
agents, consultants, representatives and materialmen, including without limitation
the employees of each, caused by any negligent or wrongful act or omission of
any of such persons or by any failure to comply fully with any term or condition
of the Contract Documents or caused by, or arising out of the Work or any portion
thereof.
Property Insurance: The Developer shall purchase and maintain property
insurance upon the entire work at the site to the full insurable value thereof. This
insurance shall include the interests of the City, the Developer, subcontractors and
sub-subcontractors in the work and shall insure against the perils of fire and
extended coverage and shall include "all risk" insurance for physical loss or
damage. If the City is damaged by failure of the Developer to purchase or
maintain such insurance and to so notify the City, then the Developer shall bear
all reasonable costs properly attributable thereto. If not covered under the all risk
insurance or otherwise provided in the Contract Documents, the Developer shall
effect and maintain similar property insurance on portions of the work stored off
the site or in transit.
The Developer shall maintain insurance as deemed necessary by Developer to
protect the interests of himself, his subcontractors and the sub-subcontractors in
the work, including property, materials, equipment and tools.
If by the terms oftlùs Insurance any mandatory deductibles are required, or if the
Developer should elect to increase the mandatory deductible amounts or purchase
this Insurance with voluntary deductible amounts, the Developer shall be
responsible for payment of the amount of the deductible in the event of paid
claim.
8.3
Liability Insurance: The following insurance shall be carried by the Developer.
8.3 .1 The primary engineer and all associates and consultants shall carry
professional liability i~surance with a minimum limit 0($500,000. This
insurance shall continue for two years after certificate of substantial
completion of the entire project.
8.3.2 The Developer shall purchase and maintain comprehensive general
liability insurance with a combined single limit on ONE :MILLION
DOLLARS ($1,000,000) each occurrence. The policy shall provide
coverage for bodily injury and property damage, and shall include broad
PARK DEVELOPMENT AND PARK IMP ACT FEE REIMBURSEMENT AGREEMENT
PAGE 10 OF 18
form property damage (incJuding completed operations), personal injury
liability (including coverage for employee acts), blal1..k:et contractual
liability and products and completed operations
Liability coverage shall be provided for hazards commonly refeITed to as
XeD (explosion, collapse, and underground).
8.3.3
All subcontractors of any tier shall be repaired to provide comprehensive
general liability insurance with combined single limits for bodily injury
and property damage of at least ONE l\1IT.,LION DOLLARS ($1,000,000)
per occurrence, comprehensive auto liability insurance for all owned, nO11-
owned vehicles with combined single limits for bodily injury and property
damage of at least ONE MILLION DOLLARS ($1,000,000) per
OCCUITence or other limits as approved by City.
8.3.4 The Developer and its subcontractors shall carry Worker's Compensation
Insurance to cover obligations imposed by Federal and State statutes
covering all employees, and employers' liability insurance with a
minimum limit of ONE HUNDRED THOUSAND DOLLARS ($100,000)
per Accident; FIVE HUNDRED THOUSAND DOLLARS ($500,00) per
Disease Policy Limit; ONE HUNDRED THOUSAND DOLLARS
($100,000) Disease, each employee.
8.3.5 Insurance Policy Requirements: All insurance required as stated above
and shall be endorsed as follows:
a. The City, including their respective agents, employees, consultants and
representative shall be named as additional insureds.
b. The insurance required shall contain a severability of interest clause
such that the insurance afforded applies separately to each insured
against whom claim is made or suit is brought.
c. All insurance policies shall not be terminated or cancelled without
thirty (3) calendar days. advance written notice of cancellation to be
provided by the insurance company.
d. The insurance afforded by the Developer shall be primary insurance
and any insurance carried by the City shall be excess and not
contributo~ insurance to that provided by the 1?eve~oper.
e. Each entity providing insurance shall furnish certificates of insurance
which shall specifically set forth evidence of all coverage required
above. If required each entity providing insurance will allow the other
party to review and copy such insurance provisions contained in the
certified policies.
PARK DEVELOPMENT AND PARK IMPACT FEE REIMBURSEMENT AGREEMENT
PAGE 11 OF 18
9,
TERMINATION OF AGREEIVIENT AND CITY'S RIGHT TO PERFORlVI
DEVELOPER'S OBLIGA TrONS
9.1
Termination for Cause:
a, If the Developer fails to perform any of its obligations under this Agreement
the City, may upon seven (7) calendar days written notice to the Developer
take such action as is necessary to perform such obligation either with or
without terminating this Agreement.
b. In the event of any material breach ofthis Agreement by developer, after five
(5) calendar days written notice to Developer, the City may, in addition to any
other remedies available, terminate this Contract, take possession of the
Project site and the raw materials, equipment, tools, construction equipment
and machinery thereon owned or provided by Developer and may finish the
Work by whatever reasonable means and methods the City may determine
necessary or expedient. In such instance Developer relieved from any of its
obligations under this Agreement, including obligations assumed under the
liability for damages paragraph listed herein.
c, As used in the foregoing paragraph, a material default shall include but is not
limited to: (a) persistent or repeated failures to provide properly skilled
workmen or materials or failure to prosecute the Work according to the
progress schedules provided herein; (b) unjustified failure to make proper
payments to subcontractors for materials or labor; ( c) persistent or intentional
disregard of laws, ordinance, rules, regulations or orders of any public
authority having jurisdiction; (d) being adjudged to be bankrupt or being
subject to any state or federal insolvency proceedings.
9.2
Termination by City Without Cause: (Termination for Convenience)
a. The City shall have the right to terminate the Agreement at its convenience for
any reason at its sole discretion. .
9.3
NOTICES: Any and all notices required to be given by either of the parties
hereto, shall be in writing and be deemed communicated when mailed in the
United States mail, certified, return receipt requested, addressed as follows:
a. To ~he City:
Meridian City Clerk
33 East Idaho
Meridian, Idaho 83642
(with a copy to) Doug Strong, Director, Parks and Recreation Department
11 W. Bower
PARK DEVELOPMENT AND PARK IMP ACT FEE REIMBURSEMENT AGREEMENT
PAGE 12 OF 18
10.
.Meridian, Idaho 83642
b. To the Developer:
Hillview Development Corporation
150 East Aikens, Suite A
Eagle, Idaho 83616
Either party shall give notice to the other party of any change of their address for
the purpose of this section by giving written notice of such change to the other in
the manner herein provided.
9.3.1 In the event the City Council detennines that this Agreement shall be
modified, the terms of this Agreement shall be amended and the
Developer shall comply with the amended terms. Failure to comply with
the amended terms shall result in default.
9.3.2 A waiver by the City of any default by the Developer of anyone or more
of the covenants or conditions hereof shall apply solely to the breach and
breaches waived and shall not bar any other rights or remedies of the City
or apply to any subsequent breach of any such or other covenants and
conditions.
9.3.3 In the event of any termination, whether if for cause or without cause, City
shall have the right to reproducible copies of all design and construction
plans and specifications, the ownership of all work in progress, and the
right to complete all construction.
DESIGN AND CONSTRUCTION DRAWINGS
10.1
10.2
Design: Developer acknowledges to City that Developer and fIrms working for
Developer have been reviewed by the City based upon Developer's
representations and warranties that Developer has particular skill and experience
in construction of park and recreation facilities substantially similar to this
Project. Developer shall at all times manage the construction process so as to
incorporate all of the City's requirements and objectives for the Project as
expressed in the Contract Documents, and so as to deliver the Project within the
time limits provided in this Agreement. Any instance in which the Developer
learns of any defect or insufficiency in the Project or any part thereof, or learns
that the Work is not proceeding in accordance with the City's actual objectives
and requirements,. then the Developer shall immediately advise the Projec~
Representative and the Developer shall take all necessary action to correct same.
Building Codes: The Project, as designed and constructed, shall fully comply
with all codes and standards applicable at date of this Agreement, including (a)
the International Building Code; (b) Current mc Standards; ( c) Americans with
Disabilities Act Accessibility Guidelines; (d) Current Uniform Plumbing Code;
PARK DEVELOPMENT AND PARK IMP ACT FEE REIMBURSEMENT AGREEMENT
PAGE 13 OF 18
10.3
(e) Current National Electrical Code. Compliance with all of the foregoing codes
shall be revievved and approved by the Meridian City Building Department, \vhere
applicable. Plan check fees in connection therewith shall be paid by the City
Plumbing and electrical permits shall be paid by the Developer. The foregoing
codes are in addition to and not in derogation of any other codes that may be
applicable by law or governmental regulation.
The Developer shall keep at the Project a complete copy of the Construction
Documents and shall afford the Project Representative access thereto. All cost
resulting from errors, omissions, discrepancies, inconsistencies or ambiguities in
the Construction Documents shall be borne by the Developer, including any cost
to correct Work already performed or to redesign or otherwise correct such
deficiencies.
11.
RECORD RETENTION REQUIREMENT
11.1
Developer shall maintain all records required by law for the period required.
12.
UNFORESEEN CONDITIONS
12.1
12.2
Should unknown physical conditions below the surface of the ground or should
concealed or unknown conditions in an existing structure of an unusual nature,
differing materially from those ordinarily encountered and generally recognized
as inherent in work of the character provided for in this Agreement, be
encouraged, the Contract Time Schedule shall be equitably adjusted by Change
Order upon claim by either party made within a reasonable time after the first
observance of the conditions.
The Developer acknowledges that it has taken all steps reasonably necessary to
ascertain the nature and location of the Work, and that it has investigated and
satisfied itself as to the general and all local conditions which can affect the Work
or its cost, including but not limited to: (1) conditions bearing upon
transportation, disposal, handling, and storage of materials, remodel work, tie-ins
and existing structures, utilities, security, and existing operations; (2) the
availability oflabor, water, electric power, and roads; (3) uncertainties of weather,
river stages, tides, or similar physical conditions at the site; (4) the topography
and conditions of the ground; and (5) the character of equipment and facilities
needed preliminary to and during work performance. The Developer also
acknowledges that it has satisfied itself as to the character, quality, and quantity of
surface and subsurface materials or obstacles to be encountered insofar as this
information is reasonably ascertainable trom an inspection ofthe site, including
all exploratory work done by Developer as well as from the drawings and
specification made a part ofthÏs contract. Any failure of the Developer to take the
actions described and acknowledged in this paragraph will not relieve the
Developer trom responsibility for estimating properly the difficulty and cost of
successfully performing the work, or for proceeding to successfully perform the
PARK DEVELOPMENT AND PARK IMP ACT FEE REIMBURSEMENT AGREEMENT
PAGE 14 OF 18
-,
13.
12,3
12.4
12.5
12.6
work without additional expense to the City, The City does not assume any
responsibility for erroneous conclusionsor interpretations made by DeveJoper
The City assumes no responsibility for any conclusions or interpretations made by
the Developer based on the information made available by the City, nor does the
City assume responsibility for any understanding reached or representation made
concerning conditions which can affect the work by any of its officers or agents
before the execution of this Contract, unless that understanding or representation
made concerning conditions which can affect the work by any of its officers or
agents before the execution of this Contract is expressly stated in this Contract.
The Developer shall promptly, before the conditions are disturbed, and in all
instances within five (5) calendar days after the conditions are discovered, give a
written notice to the Project Representative of: (1) subsurface or latent physical
conditions at the site which differ materially fÌ"om those which a reasonably
prudent Developer could anticipate, foresee, or make provision for this type of
Work at such site locations; or (2) unknown physical conditions at the site, of an
unusual nature, which differ materially from those ordinarily encountered and
generally recognized as inherent in work of the character provided for in the
Contract Documents and which could have been reasonably foreseen and/or
anticipated by a prudent developer.
The City shall investigate the site conditions promptly after receiving the notice,
If the conditions do materially so differ and cause an increase or decrease in the
Developer's time required for, performing any part of the Work under this
Contract, whether or not changed as a result of the conditions, an equitable
adjustment shall be made under this clause and the contract modified in writing
accordingly.
No claim by Developer for additional time shall be allowed if there is no written
notification to the City ~s required herein.
SUSPENSION OF WORK
13.1
13.2
The City may order the Developer, in writing, to suspend, delay or interrupt all or
any part of the Work for such period as may be determined to be appropriate by
the City.
If performance of all or any part of the Work is suspended under this Agreement
for the convenience of the City, an equitable adjustment shall be made to the
Completion Date'. However,' no adjustment in the Completion Date shall be made
under this clause for any suspension, to the extent that performance would have
been so suspended, delayed, or for which an equitable adjustment is provided for
under any other term or condition of this Agreement.
14.
NONøASSIGNMENT AND GOVERNING LAW
PARK DEVELOPMENT AND PARK IMP ACT FEE REIMBURSEMENT AGREEMENT
PAGE 15 OF 18
14.3
14.4
14.5
15-
14.1
The Developer shall not assign its interest in whole or pa¡i in this Agreement
without the written consent of the City
14.2
This Agreement shall be governed by the laws of the State ofIdaho.
This Agreement represents the entire agreement between the City and the
Developer and supersedes all prior negotiations, representations or agreements.
This Agreement may be amended only by written instrument signed by both City
and Developer.
Should any portion of this Agreement be found to be unenforceable by a court of
competent jurisdiction in such detennination shall not void the entire Agreement,
but will be limited only to those unenforceable provisions-
In the event either party to this Agreement is required to initiate or defend
litigation with respect to the terms hereof, or the rights granted hereunder, the
prevailing party in such litigation shall be entitled to all reasonable attorney's fees
incurred in such litigation, including all discovery costs and costs of expert
witness, together with other reasonable litigation costs.
MISCELLANEOUS
15.1
Withholding: The Project will be completed by the Developer not later than the
Completion Date. In the event the Work is not completed within such time, the
parties agree that the Developer must maintain the Project until such time as it is
accepted by the City as complete.
P ARK DEVELOPMENT AND PARK IMP ACT FEE REIMBURSEMENT AGREEMENT
PAGE 16 OF 18
~
ACKNOWLEDGEMENTS
IN W1TNESS WHEREOF, the parties have hereunto caused this Agreement to be
executed on the day and year first above written.
DATED this durt~ day of -3LlLÓ
,2005.
CITY OF MERIDIAN
ATTEST:
B~
B~~ ~~
Don Hutt, Secretary
PARK DEVELOPMENT AND PARK IMP ACT FEE REIMBURSEMENT AGREEMENT
PAGE 17 OF 18
,
STATE OF IDAHO. )
, 5S
County of Ada, ) -
rJl~'
On this ~ day of , 2005, before me, the
undersigned, a Notary Public in and for sai Sate, sonallyappeared Jim Merkle and Don
Hutt, known to me to be the President and creta, respectively, of Hill view Development
Corporation, who executed the within instrument on behalf of said corporation, and
acknowledged to me that said corporation executed the same.
~~.,-
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the dayr ye::,~:~~~~~~t:~,.~ritten.
, (4' ~ rCA L. ,'~
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STATE OF IDAHO, )
: ss:
County of Ada, )
On this db +L- day of ~--1 ' 2005, before me, the
undersigned, a Notary~b)~lß;-¡tl~'!Jor said State, pers nally apRt..!l!~,UA1vfMY DE WEERD
and WlLLIMf C. nEffij:, Jft:, known to me to be the Mayor and~, respectively, of the
City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that
the City of Meridian executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written,
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PARK DEVELOPMENT AND PARK IMPACT FEE REIMBURSEMENT AGREEMENT
PAGE 18 OF 18
Meridian City Council
July 26, 2005
Page 2 of 72
relationships, broken hearts, broken homes, God, that you would do a mighty work in
this city and bring healing and wholeness to people's lives. And, God, we thank you for
the many city officials. The police and the fire and everybody, God, that you have
appointed to serve this city. We just pray a blessing on this meeting, that we have great
communication and may we further your kingdom because of this meeting tonight.
Amen.
Item 4:
Adoption of the Agenda:
De Weerd: I do have some City of Meridian pins for you, too. Okay. Item No.4 is
adoption of the agenda.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: We need to pull off the Consent G, H and I and move it over to, actually, 8 G, H
and I. And also BB, Resolution No. 05-480 and CC as 05-481 and on our regular
agenda 27 is 05-1167. Ordinance No. 28 is 05-1168 and 29 is 05-1169. And with
that I move we adopt the revised agenda.
Rountree: Second.
De Weerd: Okay. All those in favor say aye. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
Item 5:
E,
Consent Agenda:
A,
Approve Minutes of June 21,2005 City Council Regular Meeting:
B,
Approve Minutes of June 7, 2005 City Council Regular Meeting:
C,
D,
Approve Minutes of June 28, 2005 City Council Regular Meeting:
Findings of Fact and Conclusions of Law for Approval: AZ 05-
007 Request for Annexation and Zoning of 43.18 acres from RUT
to R-8 zone for Bellinaham Park Subdivision by Gemstar
Development, LLC - north of Amity Road and. east of South Locust
Grove Road:
Findings of Fact and Conclusions of Law for Approval: PP 05-
009 Request for Preliminary Plat approval of 166 building lots and
37 common lots on 43.18 acres in a proposed R-8 zone for
.'
Meridian City Council
July 26, 2005
Page 3 of 72
p,
Q,
R,
s.
T,
u,
Bellinç,ham Park Subdivision by Gemstar Development, LLC -
north of Amity Road and east of South Locust Grove Road:
F.
Findings of Fact and Conclusions of Law for Approval: CUP
05-008 Request for a Planned Development consisting of 166
residential units with reductions to the minimum requirements for lot
size, street frontage and yard setbacks for Bellinç,ham Park
Subdivision by Gemstar Development, LLC - north of Amity Road
and east of South Locust Grove Road:
j,
Award of Bid for Well No. 26 PumpinQ Facilities to Star
Construction, LLC:
K.
Water Main Easement Agreement for Park's Westside ~
Works by Tim Wallace:
L.
Water Main
Subdivision:
Easement Agreement for Waltman
Court
M.
Water Main Easement Aqreement for Ustick Marketplace. LLC:
N.
Purchase Agreement and Permanent Easement Agreement
with Ada Countv Highwav District for Eagle Road, Victory to
Ridenbaugh:
0,
Development. Reimbursement and Conveyance AgreemenUQr
Champion Park:
Award of Bid for 2005 Sewer Cleaning I TV Inspection Proiect
to Pipeline Inspection Services:
Gonsultine Agreement and Scope of Work with Wasl:!!illl1Qn
Group International for North Meridian Area Traffic StYf!ï:
Aareement for Pretreatment
Modifications with CH2M HILL:
Program
Appligfum
Aareement for On-Going Consultation to Water pepartm!!!!
with Hydro Loaic: .
Agreement for Municipal Water Riqhts Project wW:!.....l::lïQr
Logic, Inc.:
Agreement for Supply Well # 27 Professional Services w!!h
Hydro Logic, Inc,;
- .
Meridian City Council
July 26, 2005
Page 4 of 72
AA.
Be.
CC.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
v.
AÇ1reement for Ground Water Studies with Hydro LoÇJic. Inc.:
w.
AQreement for Supply Well Evaluations with Hydro LoQ~
x.
Request for Funds No.3 for Mm:!£Iian Sr, Center Rehab~
Project ICDBG 04-111-01..::§R:
Y.
Development Agreement: AZ 04-033 Annexation and Zoning of
15.92 acres from C-2 and RUT zones to C-G zone for Stor-It by
Avest LP - 355 North Ten Mile Road:
Z.
Development Agreement: AZ 05-008 Annexation and Zoning of
41.27 acres from RUT to R-4 for a new middle school for McMillan
and Meridian Middle School by Joint School District No.2 - NEC
of McMillan and Meridian Roads:
Approve Beer and Wine Licenses for Pier 41!....E.izza - 1551 West
Cherry Lane #102:
Resolution No. Setting Forth Certain
Findings and Purposes Authorizing the Sale of Surplus
Property at Public Auction; Authorizing the Mayor of the City
of Meridian to Sell Surplus Property Located on ,"-ot 63. B~
14 in Thousand Sprinas Subdivisi~:
Resolution No.. : Declarina the Intent of
the City of Meridian to Convey to t~opment
Corporation Certain ReaL.Prope~Locate~ at 55 ~.
Broadway Avenue in the CUy of MmQjan and~
Described as Lots 20 and 21 of Block 1 of the Meridian
Townsite: Instructina the City Clerk to ~
Hearina to Review the Propose~ Conveyance:
Bird: I move we approve the Consent Agenda with the changes of Items G, H and I
. being moved to the regular agenda as 8 G, H and I and for the mayor. to sign and the
clerk to attest on all proper papers.
Rountree: Second.
De Weerd: Okay, Motion to approve the Consent Agenda.
discussion, Mr. Berg, will you call roll?
If there is no further
..
.<
Meridian City Council
July 26, 2005
Page 5 of 72
Roll-Call: Bird, aye; Rountree, aye; Wardle, aye; Donnell, aye.
MOTION CARRIED: ALL AYES.
Nary: Madam Mayor?
De Weerd: Yes, Mr. Nary.
Nary: On Item SB that was just approved, if it's all right with the Council, I would
suggest if the Council's direction would be to the clerk's office to begin the process of
the public noticing necessary for the sale of this property at Thousand Springs, and our
office -- attorney's office and Public Works office to post the site, so that we can get
proper notice out to the public. But if the Council could give that direction as well, we
can get this property actually sold maybe this year.
Bird: That was included in the motion.
De Weerd: Okay.
Bird: If the second agrees.
Rountree: The second understood that.
Bird: Okay. Thank you.
De Weerd: And everyone that voted I'm sure understood that as well.
Nary: I thought you all did.
Donnell: Sure we did.
Item 6:
Department Reports:
A,
Mayor's Office:
1,
Proclamation for Cover the Blue 2005:
De Weerd: Okay. Item 6, Department Reports. I do have a proclamation to read.
. During the week of August 1st through the 5th, they are working a canned food drive to
Cover the Blue at BSU's football field. And so my proclamation reads as follows:
Whereas, due to the increase of cost of food and other necessities, the agencies that
provides food for needy Idahoans have a critical need for donations this summer. And
whereas Idahoans have always responded with compassion and generosity to their
neighbors in need and this is a time where we must all reach out to the members of our
community who are most impacted by these conditions. And whereas in response to