06-1250 City Code Exchange of Parking Lot
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CITY OF MERIDIAN
ORDINANCE NO. (96 -/2'3>0
BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, WARDLE
AN ORDINANCE AUTHORIZING THE EXCHANGE OF CERT AIN CITY
OWNED REAL PROPERTY LOCATED AT 55 EAST BROADWAY AVENUE IN
THE CITY OF MERIDIAN AND LEGALLY DESCRIBED AS LOT 20 OF
BLOCK 1 OF THE MERIDIAN TOWNSITE; AUTHORIZING THE MAYOR
AND CITY CLERK TO EXECUTE AND ATTEST ON BEHALF OF THE CITY
OF MERIDIAN THE DEED AND OTHER DOCUMENTS NECESSARY TO
COMPLETE THE TRANSACTION; PROVIDING FOR A WAIVER OF THE
READING RULES; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, pursuant to Idaho Code 50-1401, the City Council of the City of
Meridian has statutory authority to sell, exchange, or convey any real property owned by
the city which is underutilized or which is not used for city public purposes; and,
WHEREAS, when it is determined by the City Council to be in the City's best
interest that the property be offered for exchange, the City Council may, pursuant to the
procedure set forth in Idaho Code Section 50-1403, exchange any city-owned real
property for real property of equal value pursuant to terms which shall be a matter of
public record; and,
WHEREAS, the proposed transaction would exchange the city-owned Lot 20 for
the privately owned Lot 22 so that the City can join Lot 21, currently in City ownership,
with the future City Hall site at the former Meridian Creamery; and,
WHEREAS, on thc 13th day of December, 2005 the Meridian City Council
approved Resolution No. 05-495 declaring the intent to exchange the real property and
further instructed the City Clerk to establish and notice a public hearing to consider the
exchange; and,
WHEREAS, a public hearing was held at the regular meeting of the Meridian
City Council on January 10, 2006 and at the conclusion of such hearing, the City Council
moved to approve the exchange in concept, subject to certain terms and conditions, and
directed staff to prepare an exchange agreement setting forth those terms and conditions.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF MERIDIAN, IDAHO:
Section 1. That a public hearing on the proposed exchange was held at the
January 10, 2006 Meeting of the Meridian City Council.
ORDINANCE AUTHORIZING EXCHANGE OF PARKING LOT
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Section 2. That the City Council determined after the public hearing that the
proposed exchange is in the City's best interest and that Lot 20 of Block 1 of the
Meridian Townsite is currently underutilized and should be exchanged for property of
equal value, to wit: Lot 22 of Block 1 ofthe Meridian Townsite.
Section 3. That the City Council has reviewed and approved the Agreement for
Exchange of Real Property, attached hereto and incorporated herein, and the real property
exchange is expressly conditioned on the terms contained in the attached Agreement.
Section 4. That the Mayor and City Clerk shall be authorized to execute and
attest the exchange agreement, deed, and any other documents necessary to complete the
exchange authorized by this Ordinance.
Section 5. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of
the Members of the full Council, the rule requiring two (2) separate readings by title and
one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this
Ordinance shall be in full force and effect upon its passage, approval and publication.
PASSED by the City Council of the City of Meridian, Idaho, this g ~
day of ~ ..f- , 2006.
APPROVED by the Mayor of the City of Meridian, Idaho, this &~ day
of ~t- ,2006.
ORDINANCE AUTHORIZING EXCHANGE OF PARKING LOT
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COMMERCIAL/INVESTMENT REAL ESTATE
PURCHASE-SALE-EXCHANGE AGREEMENT
THIS Agreement is entered into for the purposes stated herein, this 3r d day of tlvd . ,
2006, by Dave and Karen Buich, husband and wife ("BUICH"), and the City of Meridian Ity
("CITY"), collectively referred to herein as " the parties."
WHEREAS, Buich owns or controls certain real property located in Ada County, Idaho more
particularly described as Lot 22 of the Amended Plat of Block No.1 of the townsite of Meridian
located in the SW y,. of Section 7, T3N, RIE, Ada County, Idaho (the "BUICH parcel" or "Lot 22");
and,
WHEREAS, CITY owns certain real property located in Ada County, Idaho more particularly
described as Lot 20 of the Amended Plat of Block No.1 of the townsite of Meridian located in the
SW y,. of Section 7, T3N, RIE, Ada County, Idaho (the "City Parcel" or "Lot 20" ; and,
WHEREAS, the parties desire to enter into a real property exchange agreement whereby BUICR will
convey Lot 22 to CITY in exchange for CITY conveying Lot 20 to BUICH.
WHEREAS, the laws of the State of Idaho require that the City of Meridian exchange city-owned
real property for property of equal value; and,
WHEREAS, Lot 20 and Lot 22 are of equal size and are located on the same City block. City desires
to own Lot 22 to add to the new City Hall site at the former Meridian Creamery, and Buich desires to
own lot 20 to add to the Buich parcel at the northeast comer of the block; and,
WHEREAS, the City Council of the City of Meridian has declared that Lot 20 and 22 are of equal
value at this time as long as the City receives assurances of the continued availability of the public
parking lot currently on lots 20 and 21 until such time as either of the adjacent parcels develop; and,
WHEREAS, Buich has agreed to execute a parking lot easement in favor ofthe City of Meridian to
fulfill the condition of the exchange requiring continued availability of public parking while plans for
development for the Buich and City Hall parcels are being completed.
NOW, THEREFORE, in return for good and valuable consideration, including the agreement set
forth herein and the parties' proceeding to their respective approvals and to the closing of the
property exchange contemplated hereby (the "Closing"), the receipt and sufficiency of such
consideration being hereby acknowledged, the parties do hereby enter into this Agreement and the
terms and conditions set forth below.
REAL ESTATE EXCHANGE AGREEMENT
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1. IDENTIFICATION OF EXCHANGE PARCELS. The parcel that BUICH intends
to exchange to City under the terms of this agreement is legally described as Lot 22 of the Amended
Plat of Block No. I of the townsite of Meridian located in the SW y,. of Section 7, T3N, RIE, Ada
County, Idaho. The parcel that CITY intends to exchange to BUICH under the terms of this
Agreement is legally described as Lot 20 of the Amended Plat of Block No.1 of the townsite of
Meridian located in the SW y,. of Section 7, T3N, RIE, Ada County, Idaho.
2. "AS-IS" SALE. The parcels are sold "as-is" and are sold without any water rights.
3. ADDITIONAL TERMS, CONDITIONS AND/OR CONTINGENCIES. The
closing of this transaction is contingent upon written satisfaction or waiver of the following
conditions:
A) BUICH shall obtain good and marketable title to the BUICH parcel.
B). BUICH shall execute and place into escrow the Parking Lot Easement
attached hereto as exhibit "A" and incorporated herein by this reference. The easement shall provide
for the continued operation of the existing public parking lot on lots 20 and 21 until such time as
City's adjacent property or BUTCH's adjacent property develops. The closing agent shall be
provided with written instructions to record the easement document at closing.
C) BUICH acknowledges that this agreement will be executed by BUICH before
CITY executes the agreement and that the execution of the agreement by the CITY is contingent
upon ratification of the terms and conditions of this agreement by the Meridian City Council and the
Council's authorization for the Meridian City Mayor to execute this agreement on behalf of the
CITY.
REAL ESTATE EXCHANGE AGREEMENT
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4. ACHD CIRCULATION EASEMENT. At such time that the Development Plans
for Buich' s adjacent property are ready to be implemented, City agrees to work with the Ada County
Highway District to remove the blanket access easement from lot 20 and limit the location of the
access easement to the City-owned Lot 21. The timing of the relocation of the blanket easement
shall be concurrent with the termination of the Parking Lot Easement referenced in Section 3(B) of
this agreement.
5. TITLE COMPANY/CLOSING AGENCY.
A) The parties agree that First American Title Company of Ada County shall
provide any required title policy and preliminary report of commitment.
B) The closing agency for this transaction shall be First American Title Company
of Ada County.
C) Each party agrees to pay one-half (112) of the closing agency's fee.
6. TITLE INSURANCE.
A) Each Party shall pay for standard coverage owner's title insurance policy on
the respective properties which it conveys to the other party under the terms of this Agreement. The
face value of the policy for each parcel shall be Ninety Thousand Dollars ($90,000.00). The cost of
additional title insurance and endorsements, if desired by a party on property received under this
Agreement, shall be paid by the receiving party. The Title Company is to provide all parties to this
Agreement with a preliminary Title Report as soon as possible after execution of this agreement.
The parties shall have five (5) 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 that a party
makes written objection to the title, the other party shall have a reasonable time to cure any defects of
title or provide affirmative title insurance coverage, and in the event the other party cannot cure said
REAL ESTATE EXCHANGE AGREEMENT
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defects or is unwilling to cure said defects or provide affirmative title insurance coverage, the
objecting party may elect, as its sole remedy, to either (i) tenninate this Agreement, (ii) cure the
defects at the objecting party's expense, or (iii) proceed to closing, taking title subject to such
defects. Ifthe parties do not so object, the parties shall be deemed to have accepted the condition of
the title.
B) The final Title Insurance policies shall be delivered to the parties by the Title
Company as soon as possible after closing.
7. CLOSING DATE AND TITLE CONVEYANCE.
A) On or before Closing, the parties shall deposit with Escrow Holder all
instruments necessary to complete the exchange contemplated under this Agreement.
B) Closing shall occur no later than August lOth, 2006. Closing shall occur on the
date on which the deeds to all properties are recorded in satisfaction of the requirements of this
Agreement.
C) The deeds for all properties shall be recorded concurrently, and neither party
shall be obligated to authorize the Escrow holder to convey a parcel if the Escrow Holder is not
irrevocably committed to record the deeds for all properties identified in this Agreement.
D) Title to the properties identified under this agreement shall be conveyed by
Warranty Deed and shall be marketable and insurable with the exception of any other liens,
encumbrances or defects allowed herein or otherwise approved by the receiving party.
REAL ESTATE EXCHANGE AGREEMENT
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8. POSSESSIONIPRORATION. The parties shall be entitled to possession of their
respective properties on the day of closing. Taxes and water assessments (using the last available
assessment as a basis), rents, insurance premiums, interest and reserve on liens, encumbrances or
obligations assumed and utilities shall be prorated as of the day of closing.
9. DEFAULT. In the event that a party does not perform in accordance with the terms
and conditions of this agreement then the other party shall have any recourse under the law to
enforce this contract.
10. ATTORNEY FEES. In the event of default by either of the parties in their
performance of the terms or conditions of this agreement, the defaulting party agrees to pay all
attorney fees and costs incurred by the non-defaulting party and in the event of suit the prevailing
party shall be entitled to its reasonable attorney fees and costs.
11. CONDITION OF PROPERTY AT CLOSING/MAINTENANCE AFTER
CLOSING. The parties shall maintain their respective properties until the closing in their present
condition, ordinary wear and tear excepted. After Closing, each party shall be responsible for
maintenance of the parcels that they receive under this Agreement.
12. REPRESENT A TIONS AND WARRANTIES. Each party represents and warrants
to the other regarding their respective properties:
A. The party has received no notice from any governmental agency that the
properties are in violation of any statute, law, ordinance, rule, regulation, or deed restriction affecting
the Properties.
B. The parties have good, marketable title to their respective parcels. At the
time the deeds are placed into escrow, no other party shall have any right, title, or interest in the
subj ect property.
REAL ESTATE EXCHANGE AGREEMENT
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c. There is no pending or threatened litigation or condemnation proceedings
affecting the Properties and there are no governmental assessments or local improvement district
assessments on the Properties nor are there any agreements to convey any portion of the Properties to
any other party.
D. Each party has disclosed to the other party the presence of all hazardous
substances or storage tanks that the disclosing party is aware of on their respective properties.
"Hazardous Substances" means any hazardous, dangerous or toxic substance (including petroleum
products) as defined under federal, state andlor local law, including all regulations promulgated
under such laws.
13. ENTIRE AGREEMENT. This Agreement, including any addendum or exhibits,
constitutes the entire Agreement between the parties, and no warranties, including any warranty of
habitability, agreements or representations have been made or shall be binding upon either party
unless herein set forth.
14. TIME IS OF THE ESSENCE IN TillS AGREEMENT. THIS IS A LEGALLY
BINDING AGREEMENT. THE PARTIES EACH REPRESENT THAT THEY HAVE HAD
THE OPPORTUNITY TO CONSULT LEGAL COUNSEL REGARDING THE TERMS AND
CONDITIONS OF THIS AGREEMENT AND THE INSTRUMENTS REFERRED TO
HEREIN.
15. SURVIVAL OF TERMS. All the terms and conditions hereof and all instruments
referred to herein and contemplated hereby shall survive closing and the transfer of title and shall
remain in full force and effect in accordance with their terms.
16. CONSTRUCTION OF TERMS. All times provided for in this Agreement or any
instrument referred to herein will be strictly construed, it being agreed that time is of the essence of
REAL ESTATE EXCHANGE AGREEMENT
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this Agreement. Whenever the context requires, the singular includes the plural and vice versa, and
each gender includes each other gender, or the neuter, as the case may be.
17. BINDING ON SUCCESSORS. This Agreement shall be binding upon and inure to
the benefit of the parties and their respective successors and assigns.
18. IDAHO LAW. This Agreement shall be construed and governed in accordance with
the laws of the State of Idaho.
19. HEADINGS. Headings preceding the text of the several Articles and Sections
hereof, and the table of contents, are solely for convenience or reference and shall not constitute a
part of this Agreement or affect its meaning, construction or effect.
20. EXECUTION IN COUNTERPARTS. This Agreement may be executed in several
counterparts, each of which shall be deemed an original, and all of which shall constitute but one and
the same instrument.
REAL ESTATE EXCHANGE AGREEMENT
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IN WITNESS WHEREOF, the parties have executed and attested this Agreement as of the
date and year first above written.
DAVE
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KAREN BUICH
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THE CITY OF MERIDIAN
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Tammy rd, MAYOR
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REAL ESTATE EXCHANGE AGREEMENT
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STATE OF IDAHO )
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County of Ada )
On thi~ day of IL~us! , in the y...,,2016 , before me, a notary public in aod
for said state, personally appeared Dav~ identified to me to be the person who executed the
said instrument, and acknowledged to me that helshe executed the same.
IN WI~~R:Eb~rJ.,have hereunto set my hand and affixed my official seal the day
and year first above wnttl'i1.~~ .....-..... ''1-1 '>, ~ / U
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County of Ada )
On this3 ttI day of &d , in the ye.,)'~ , before me, anotmy public in aod
for said state, personally appeared Karen Bui h, known or identified to me to be the person who executed the
said instrument, and acknowledged to me that he/she executed the same.
(SEAL)
STATE OF IDAHO
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STATE OF IDAHO )
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County of Ada )
On this q-ffl. day of I A~~{, , 200r before me, a notary public in and for said
state, personally appeared Tammy de Weerd and Will Berg known to me to be the Mayor and City Clerk of
Meridian City, Idaho, who executed the within instrument, and acknowledged to me that Meridian City
executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first above written. ... g
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REAL ESTATE EXCHANG~.~~EMENT
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EXHIBIT "A"
PUBLIC PARKING LOT EASEMENT
THIS PUBLIC PARKING LOT EASEMENT (the "Easement"), is made and entered into
this ~ day of a..u~, 2006, by and between Dave and Karen Buich, husband and wife,
hereinafter referred to . s "Buich" or "Grantor" and THE CITY OF MERIDIAN, an Idaho
Municipal Corporation, hereinafter referred to as "City" or "Grantee."
WITNESSETH:
FOR GOOD AND SUFFICIENT CONSIDERATION, IT IS AGREED:
SECTION 1. Recitals.
1.1 Grantor owns the real property located in Ada County, Idaho more particularly
described as Lot 20 of the Amended Plat of Block No. 1 of the townsite of
Meridian located in the SW ~ of Section 7, T3N, RlE, Ada County, Idaho
(referred to herein as "Lot 20"). Lot 20 is currently developed and used as the
easterly portion of a public parking lot located at 55 E. Broadway Avenue,
Meridian.
1.2 City operates a public parking lot on Lots 20 and 21, open for the use of the
general public. Pursuant to the terms of a Public Right of Way easement (Ada
County Instrument Number 106083740) the public parking lot also acts as a
traffic circulation link between the terminus of an adjacent alley to the south of
the parking lot and Broadway A venue to the north.
1.3 As a condition of approving a real property exchange agrccment between City and
BUICH, City desires to obtain an easement from BUICH over and across Lot 20
so that Lot 20 will remain open to the public for parking lot and circulation
purposes until such time as either adjacent property develops.
SECTION 2. Grant and Authorized Use~ Non-exclusive Easement Relocation.
2.1 Grantor hereby grants to CITY a perpetual easement in gross upon, over across
and through Lot 20 for pedestrian and vehicular ingress, egress, and vehicle
parking for the benefit of the general public.
2.2 The easement on Lot 20 is intended to be used in conjunction with the balance of
the parking lot on Lot 21, owned by City.
2.3 Walls, buildings, curbs or other temporary or permanent structures will not be
constructed on Lot 20 that would in any material way restrict or limit the easement
granted herein for the purposes set forth herein.
Parking Lot Easement, page 1
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SECTION 3. Improvements; RefJair and Maintenance.
3.l CITY acknowledges that the improvements on the Servient are sufficient for the
purposes of this easement and that no additional construction shall be required by
Grantor as a condition of this Easement.
3.2 City agrees to maintain and repair the improvements at its sole cost and expense.
SECTION 4. Indemnification.
Subject to the provisions of, and limits of liability set forth in, the Idaho Tort Claims Act,
CITY shall indemnify and hold harmless Grantor from and against all claims, actions or
judgments and expenses (including, without limitation, reasonable attorneys' fees incurred
by Grantor in defense thereof) for damages, injury or death caused by or arising out of the
public's use of the Lot 20 for the purposes set forth in this Easement.
Grantor shall indemnify and hold harmless CITY from and against all claims, actions or
judgments and expenses (including, without limitation, reasonable attorneys' fees incurred
by Grantor in defense thereof) for damages, injury or death caused by or arising out of the
public or private use of Grantor's adjacent real property.
SECTION 5. Attorneys Fees and Costs.
In any suit, action or appeal therefrom to enforce or interpret this Easement, the
prevailing party shall be entitled to recover its costs incurred therein, including reasonable
attorneys' fees.
SECTION 6. Term; Extinguishment.
The term of this Easement is perpetual, unless amended or terminated by mutual
agreement of the parties. However, this Easement shall automatically terminate in the
event that either adjacent property develops (triggered upon the approval of a building
permit) because the current configuration of the public parking lot will no longer be
required and the essential purpose of this Easement shall no longer exist. The "adjacent
properties" referred to in this section of this agreement are commonly known as the Buich
parcel at the northeast corner of Main Street and Broadway, and the City Hall site on the
Creamery parcel to the west of Lot 22.
SECTION 7. Covenants Run with the Land.
Throughout the term of this Easement, it shall be a burden upon Lot 20 and shall for the
benefit of the general public, and shall run with the land.
Parking Lot Easement, page 2
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SECTION 8. Notices.
All notices given pursuant to this Easement shall be in writing and shall be given by
personal delivery, by United States Mail Certified, Return Receipt Requested, or other
established express delivery service (such as Federal Express), postage or delivery charge
prepaid, addressed to the appropriate party at the address set forth below.
Grantor:
Dave and Karen Buich
82 East State Street, Suite "B"
Eagle,ID 83616
CITY:
City of Meridian, Attention City Clerk
22 East Idaho Avenue
Meridian, Idaho 83642
SECTION 9. Recordation.
This Easement shall be recorded in the Official Real Property Records of Ada County,
Idaho.
Grantor covenants to CITY that the general public shall enjoy the quiet and peaceful
possession of the Lot 20 for the purposes granted herein; and, (b) Grantor warrants to the
CITY that Grantor is lawfully seized and possessed of the Lot 20 and has the right and
authority to grant this Easement to CITY, or that such right and authority shall exist at the
time this Easement is recorded in the Official Real Property Records of Ada County,
Idaho.
IN WITNESS WHEREOF, the undersigned have caused this Easement to be executed the
day, month and year first set forth above.
[END OF TEXT]
Parking Lot Easement, page 3
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KAREN BUICH
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Grantee
CITY OF MERIDIAN
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State of Idaho)
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County of Ada)
day of Il,/) {/5! , in the year 20d~, before me,
~ Public in and for the State of Idaho,
per onally appeared Dave Buich known or identified to me to be the person who executed this
instrument and acknowledged to me that he executed the same.
) ss.
County of Ada)
~ ~ ~ day of ;hWs/ , in the year 20&, before me,
, a Notary Public in and for the State of Idaho,
personally appeared Karen Buich known or identified to me to be the person who executed this
instrument and acknowledged to me that she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
Parking Lot Easement, page 5
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State of Idaho)
) ss.
County of Ada)
On. this 0+h day of JjU~ ~i , in the year 2006, before me,
gVtLV\fYt~ ~ ' a Notary Public in and for the State of Idaho,
personally appeared Tammy de Weerd and William Berg, know or identified to me to be the
Mayor and City Clerk of the City of Meridian, Idaho, the persons who respectively executed and
attested this instrument on behalf of said municipal corporation, and acknowledged to me that
such municipal corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
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My Commission expires /O<-I,t)--{I
Parking Lot Easement, page 6
�T \,lfF'�
FirstAmerican Title Company ofldaho
National Commercial Services
7311 Potomac Drive, , Boise, Idaho 83704
ESCROW INSTRUCTIONS
To: First American Title Company of Idaho, Inc.
National Commercial Services File No.: NCS-247981-BOI (rmr)
Escrow Officer: Ruth M. Rubel
Re: 0000 Broadway Avenue, Meridian, ID 83642
Date: August 07, 2006
I hereby agree to purchase the hereinafter described property located at 0000 Broadway Avenue, Meridian,
ID 83642, for a total consideration of $90,000.00, and will on or before August 10, 2006 hand you said
consideration which is payable as follows:
Earnest Money Deposit $ 0.00
New Loan to file $ 0.00
Balance in cash at closing (closing costs are additional)
I will deliver to you any additional funds and execute any instruments which are necessary to comply with the
terms hereof, all of which you may use when you hold for me:
executed Warranty Deed in favor of the undersigned and sufficient funds to close the subject
transaction
and when you can issue your Extended coverage form policy of title insurance with liability of $90,000.00, on
the property described as follows:
Lot 22 in Block 1 of the Townsite of Meridian, according to the Amended plat thereof, filed in Book 2
of Plats at Page 61, Records of Ada County, Idaho.
A.P.N. a portion of R-5672-00-0006
SHOWING TITLE VESTED IN: City of Meridian, a municipal corporation
FREE OF ENCUMBRANCES EXCEPT:
1. Exceptions numbered 7-15, inclusive, as shown in the title commitment dated July 20, 20061
issued in connection with this escrow, a copy of which has been reviewed.
2• Other: N/A
OTHER INSTRUCTIONS: All conditions of the Commercial/Investment Real Estate Purchase -Sale -Exchange
Agreement, dated August 3, 2006 and any Addendum's thereto have been satisfied and met.
PRORATE AND/OR ADJUST THE FOLLOWING AS OF August 10, 2006
Page 1 of 4
First American Title Company of Idaho, Inc. National T
Commercial Services File No.: NCS-247981-BOI (rmr)
Date: 08/02/2006
1. Taxes based on the amount of the last tax statement of the Tax collector issued prior to close of escrow.
(If the amount of the new tax bill issued by the Tax Collector after close of escrow is more or less than
the amount used for proration purposes, the difference, if any, will be adjusted by the parties herein
outside of escrow.) Seller to forward to Buyer any present or future tax bills on property herein. Buyer
and seller agree and instruct First American Title that the estimated 2006 tax bill shall be
calculated as follows: 2006 estimated tax bill for APN R5672000006 in the amount of
$10,934.17 divided by 2.06 acres equals $5,307.85 per acre; multiplied by 0.10 acres equals
estimated 2006 estimate of Lot 22 only as $530.78 per year. Because City of Meridian is a
tax exempt entity the prorated amount through the date of closing will be paid to Ada
County Treasurer directly, rather than credited to the City of Meridian to be paid when the
annual tax bill is due.
2• Interest on any existing trust deeds, improvements, assessments and/or bonds taken over by Buyer.
3. Rental or Lease, per rent or lease statement handed you.
4. Charge the Buyer and credit the Seller the amount of any funds held in an impound account, if any, in
connection with an existing loan.
I hereby agree to pay any charges including usual Buyer escrow fees and any advance and expenses that are
properly chargeable to me regardless of the consummation of this escrow. At the close of escrow, you are to
deliver all documents, etc., to the persons entitled thereto.
Then you are instructed to disburse deposited funds pursuant to the Escrow Settlement Statement examined and
approved by the parties hereto and by this reference made a part hereof. Proceeds of this escrow may be
disbursed by your check payable to the respective parties, and your checks and documents may be mailed to the
addresses set forth in these instructions.
When all documents have been signed and you have received all necessary funds, you are authorized to record
the necessary documents, disburse funds collected in accordance with these instructions, and have the title
insurance policy issued. Adjustments may be made on interest, unusual recording fees, and approved payment
of bills and rents received after the signing of these instructions. You are authorized to pay any additional
interest due on loan payoffs to lender after closing.
* Buyer and Seller acknowledge and instruct First American Title Company that irrigation
assessments reflect estimated charges for the 2006 tax roll and further that Nampa Meridian
Irrigation reflected no charge for the Project O&M. As such, there shall be no proration for the
Project O&M and any charges assessed after close of escrow will be addressed by parties outside of
escrow.
GENERAL PROVISIONS
All disbursements shall be made by your check. All funds received in this escrow shall be deposited in one or
more of your general escrow accounts with any bank doing business in the State of Idaho and may be transferred
to any other general escrow account or accounts. Upon specific instructions from all parties to this escrow ou
may hold funds as otherwise instructed herein.
,Y
The expression 'close of escrow' means that date on which instruments referred to herein are filed for record and
funds disbursed, unless otherwise indicated in these instructions.
Page 2 of 4
First American Title Company of Idaho, Inc. National
Commercial Services File No.: NCS-247981-BOI (rmr)
Date: 08/02/2006
You are to furnish a copy of these instructions, amendments thereto, closing statements and/or any other
documents deposited in this escrow to the lender or lenders, the real estate broker or brokers and/or the attorney
or attorneys involved in this transaction upon request of such lenders, brokers or attorneys. Should you, before or
after close of escrow, receive or become aware of any conflicting demands or claims with respect to this escrow
or the rights of any of the parties hereto, or any money or property deposited herein or affected hereby, you shall
have the right to discontinue any or all further acts on your part until such conflict is resolved to your satisfaction,
and you shall have the further right to commence or defend any action or proceedings for the determination of
such conflict.
The parties hereto jointly and severally agree to pay all costs, damages, judgments and expenses, including
reasonable attorneys' fees suffered or incurred by you in connection with, or arising out of this escrow, including,
but without limiting the generality of the foregoing, a suit in interpleader brought by you.
If any party to this escrow elects to cancel these instructions because of the failure of an
any of the terms hereof within the time limits provided herein said a y party shall
comply with
escrow agent a written notice to the other a � party so electing to cancel shall deliver to
written notice is delivered to escrow agent by the party so electing to canceagent shall lesccrowon eag agent shall come ewi within five days
thereafter send a copy of said notice to the other party in the manner proved by law and the usual practices of
this escrow agent.
In the event said other party shall fail within said ten day period to comply with all of the terms hereof, these
instructions shall become cancelled and escrow agent is thereupon authorized: (a) first, to pay to the party
electing to cancel any money deposited hereunder by said other party, after deducting any charges; (b) second,
to pay to the a p rty electing to cancel, any money deposited by said party,
a unpaid; and (c) third, to return all documents deposited hereunder to the party who dee same
deducting any charges remaining
documents executed by more than one party, which shall be marked 'cancelled' and ret linen dthe files of e crowt
agent.
Both Seller and Buyer acknowledge by their signatures hereon the following: We/I have been specifically
informed that First American Title Company (hereinafter designated as First American) is not licensed to practice
law and no legal advice has been offered by First American or any of its employees. We/I have been further
informed that First American is acting only as escrow holder and that it is forbidden by law from offering any
advice to any party respecting the merits of this escrow transaction or the nature of the instruments utilized and
that it has not done so. We/I have not been referred by First American to any named attorney or attorneys or
discouraged from seeking advice of any attorney, but have been requested to seek legal counsel of our/my own
choosing at our/my own expense if we/I have doubt concerning any aspect of this transaction.
I further declare all instruments to which I am a part, if prepared by First American, have been prepared under
the direction of my attorney or myself and particularly declared that copying legal descriptions from title reports
onto forms of deeds, etc., or reforming of legal descriptions or agreements is, or will be solely at my direction or
request.
I have been afforded adequate time and opportunity to read and understand these escrow instructions and all
other documents referred to therein.
DISCLOSURE OF TAXPAYER IDENTIFICATION NUMBERS
Internal Revenue Code Section 6109(h) imposes requirements for furnishing, disclosing, and including taxpayer
identification numbers in tax returns to a residential real estate transaction involving seller -provided financing.
The parties understand that the disclosure reporting requirements are exclusive obligations between the parties
to this transaction and that First American Title Company of Idaho, Inc., is not rendering an opinion concerning
the effect of this law on this transaction, and the parties are not acting on any statements made or omitted by
the escrow or closing officer.
Page 3 of 4
First American Title Company of Idaho, Inc. National
Commercial Services
File No.: NCS-247981-BOI (rmr)
Date: 08/02/2006
To facilitate compliance with this law, the parties to this escrow hereby authorize First American Title Company of
Idaho, Inc., to release any party(ies) taxpayer identification number to any requesting pa
rty is a party to
transaction. The requesting part shall deliver a written request to escrow. The parties her oh waive all rights oaf
confidentiality regarding their respective taxpayer identification numbers and agree to hold First American Title
Company of Idaho, Inc., harmless against any fees, costs, or judgments incurred and/or awarded in connection
with the release of taxpayer identification numbers.
PENALTIES
Penalties for failure to comply will most likely be assessed against the individual taxpayers for failure to provide
the information.
Any amendments of and/or supplements to any instructions must be in writing. If any Earnest Money
Agreements, Receipt and Agreements to Purchase or the like are attached to these instructions and one or more
terms of said agreements conflict with or vary from these instructions, these instructions shall nevertheless
control.
The Seller agrees to sell and the Buyer agrees to buy the property herein described upon the terms hereof_
BUYER(S):
City of Meridian, a municipal corporation
By: Tammy e erd, Mayor
OF
r gl0\1111. . Q ati191-1
I/We a :,1;1 till
approve of the foregoing instructions, agree to be bound thereof, and agree to sell and will deliver to you
papers, instructions and/or funds required from me within the time limits specified herein, which you are
authorized to deliver when you can issue your policy of title insurance as set forth above. You are instructed to
use the money and record the instruments to comply with said escrow instructions and to pay all encumbrances
of record necessary, without further approval including prepayment penalties to show title as herein provided.
agree to pay your usual sellers escrow fee, drawing of documents and such other charges which are advanced for
my account regardless of the consummation of this escrow. I also agree to pay the policy of title insurance
premium and recording fees which are properly chargeable to me.
At the close of escrow, you are to mail any documents and your check or checks payable to:
SELLER(S):
David Buich
Karen Buich
Page 4of4
o�,. FirstAmerican Title Company ofldaho, Inc.
National Commercial Services
7311 Potomac Drive • Boise, ID 83704
Buyer's Estimated Settlement Statement
Property: 0000 Broadway Avenue, Meridian, ID 83642
Lot: 22 File No: NCS-247981-BOI
Officer: Ruth M. Rubel/rmr
Buyer:
Wilress:
>eller:
address:
City of Meridian
33 East Idaho Avenue, Meridian, ID 83642
David Buich, Karen Buich
3100 N. Glen Stuart Lane Eagle, ID 83616
New Loan No:
Settlement Date: 08/10/2006
Disbursement Date: 08/10/2006
Print Date: 8/7/2006, 12:03 PM
at the time of final computation ofJtheeSettlementStatement
subject changes, corrections or additions
BUYER(S):
\\,��tl\111l1I11�:11r;,
City of Meridian, a municipal corporation
By: Tammy de erd, Mayor _ _
�l IP
Page 1 of I
M F,
il
First American Title Company of IcJaho
National Commercial Services
7311 Potomac Drive, , Boise, Idaho 83704
ESCROW INSTRUCTIONS
To: First American Title Company of Idaho, Inc.
National Commercial Services File No.: NCS-247971-BOI (rmr)
Escrow Officer: Ruth M. Rubel
Date: August 07, 2006
Re: 0000 E. Broadway Avenue, Meridian, ID 83642
I hereby agree to purchase the hereinafter described property located at 0000 E. Broadway
Avenue, Meridian, ID 83642, for a total consideration of $90,000.00, and will on or before August 10,
2006 hand you said consideration which is payable as follows:
Earnest Money Deposit
New Loan to file $ 0.00
$ 0.00
(closing
Balance in cash at closingcosts are additional)
I will deliver to you any additional funds and execute any instruments which are necessary to comply with the
terms hereof, all of which you may use when you hold for me:
executed Corporate Warranty Deed in favor of the undersigned; Public Parking Lot Easement
Agreement; and sufficient funds to close the subject transaction
and when you can issue your standard coverage form policy of title insurance with liability of $90,000.00 on
the property described as follows:
Lot 20 in Block 1 of AMENDED PLAT OF TOWNSITE OF MERIDIAN, according to the plat thereof,
filed in Book 2 of Plats at Page 61, records of Ada County, Idaho.
A.P.N. R-5672-00-0140 (affects additional property)
SHOWING TITLE VESTED IN: David Buich and Karen Buich, husband and wife
FREE OF ENCUMBRANCES EXCEPT:
1. Exceptions numbered 1-15, inclusive, as shown in the title commitment dated July 20, 2006
issued in connection with this escrow, a copy of which has been reviewed.
2• Other: Public Parking Lot Easement Agreement
OTHER INSTRUCTIONS: All conditions of the Commercial/Investment Real Estate Purchase -Sale -Exchange
Agreement, dated August 3, 2006 and any Addendum's thereto have been satisfied and met.
PRORATE AND/OR ADJUST THE FOLLOWING AS OF August 10, 2006
Page 1 of 4
First American Title Company of Idaho, Inc. National
Commercial Services File No.: NCS-247971-BOI (rmr)
Date: 08/02/2006
1. Taxes based on the amount of the last tax statement of the Tax collector issued prior to close of escrow.
(If the amount of the new tax bill issued by the Tax Collector after close of escrow is more or less than
the amount used for proration purposes, the difference, if any, will be adjusted by the parties herein
outside of escrow.) Seller to forward to Buyer any present or future tax bills on property herein.
2. Interest on any existing trust deeds, improvements, assessments and/or bonds taken over by Buyer.
3. Rental or Lease, per rent or lease statement handed you.
4. Charge the Buyer and credit the Seller the amount of any funds held in an impound account, if any, in
connection with an existing loan.
I hereby agree to pay any charges including usual Buyer escrow fees and any advance and expenses that are
properly chargeable to me regardless of the consummation of this escrow. At the close of escrow, you are to
deliver all documents, etc., to the persons entitled thereto.
approved by the parties hereto and by this reference made a part hereof.
Then you are instructed to disburse deposited funds pursuant to the Escrow Settlement Statement examined and
y be
disbursed by your check payable to the respective parties, and your checks and Proceeds of this escrow may
the
addresses set forth in these instructions. documents may be mailed
When all documents have been signed and you have received all necessary funds
, you are record
the necessary documents, disburse funds collected in accordance with these insuctio saized and rha etthe the
insurance policy issued. Adjustments may be made on interest, unusual recording fees, and approved payment
of bills and rents received after the signing of these instructions. You are authorized to pay any additional
interest due on loan payoffs to lender after closing.
Buyer and seller agree and instruct First American Title Company that, because the City of Meridian
is exempt from paying any assessments for Real Property Taxes and City of Meridian Assessments,
there shall be no prorations of any items other than Nampa Meridian Irrigation.
GENERAL PROVISIONS
All disbursements shall be made by your check. All funds received in this escrow shall be deposited in one or
more of your general escrow accounts with any bank doing business in the State of Idaho and may be transferred
to any other general escrow account or accounts. Upon specific instructions from all parties to this escrow, you
may hold funds as otherwise instructed herein.
The expression 'close of escrow' means that date on which instruments referred to herein are filed for record and
funds disbursed, unless otherwise indicated in these instructions.
You are to furnish a copy of these instructions, amendments thereto, closing statements and/or any other
documents deposited in this escrow to the lender or lenders, the real estate broker or brokers and/or the attorney
or attorneys involved in this transaction upon request of such lenders, brokers or attorneys. Should you, before or
after close of escrow, receive or become aware of any conflicting demands or claims with respect to this escrow
or the rights of any of the parties hereto, or any money or property deposited herein or affected hereby
have the right to discontinue any or all further acts on your part until such conflict is resolved to your satisfaction,
and you shall have the further right to commence or defend any action or proceedings for the determination hall
such conflict. of
The parties hereto jointly and severally agree to pay all costs, damages, judgments and expenses, including
reasonable attorneys' fees suffered or incurred by you in connection with, or arising out of this escrow, including,
but without limiting the generality of the foregoing, a suit in interpleader brought by you.
Page 2 of 4
First American Title Company of Idaho, Inc. National
Commercial Services File No.: NCS-247971-BOI (rmr)
Date: 08/02/2006
If any party to this escrow elects to cancel these instructions because of the failure of any party to comply with
any of the terms hereof within the time limits provided herein, said party so electing to cancel shall deliver to
escrow agent a written notice to the other party and escrow agent shall hereupon become cancelled. When the
written notice is delivered to escrow agent by the party so electing to cancel escrow agent shall within five days
thereafter send a copy of said notice to the other party in the manner proved by law and the usual practices of
this escrow agent.
In the event said other party shall fail within said ten day period to comply with all of the terms hereof, these
instructions shall become cancelled and escrow agent is thereupon authorized: (a) first, to pay to the party
electing to cancel any money deposited hereunder by said other party, after deducting any charges; (b) second,
to pay to the party electing to cancel, any money deposited by said party, after deducting any charges remaining
unpaid; and (c) third, to return all documents deposited hereunder to the party who delivered the same except
documents executed by more than one party, which shall be marked 'cancelled' and retain in the files of escrow
agent.
Both Seller and Buyer acknowledge by their signatures hereon the following: We/I have been specifically
informed that First American Title Company (hereinafter designated as First American) is not licensed to practice
law and no legal advice has been offered by First American or any of its employees. We/I have been further
informed that First American is acting only as escrow holder and that it is forbidden by law from offering any
advice to any party respecting the merits of this escrow transaction or the nature of the instruments utilized and
that it has not done so. We/I have not been referred by First American to any named attorney or attorneys or
discouraged from seeking advice of any attorney, but have been requested to seek legal counsel of our/my own
choosing at our/my own expense if we/I have doubt concerning any aspect of this transaction.
I further declare all instruments to which I am a part, if prepared by First American, have been prepared under
the direction of my attorney or myself and particularly declared that copying legal descriptions from title reports
onto forms of deeds, etc., or reforming of legal descriptions or agreements is, or will be solely at my direction or
request.
I have been afforded adequate time and opportunity to read and understand these escrow instructions and all
other documents referred to therein.
DISCLOSURE OF TAXPAYER IDENTIFICATION NUMBERS
Internal Revenue Code Section 6109(h) imposes requirements for furnishing, disclosing, and including taxpayer
identification numbers in tax returns to a residential real estate transaction involving seller -provided financing.
The parties understand that the disclosure reporting requirements are exclusive obligations between the parties
to this transaction and that First American Title Company of Idaho, Inc., is not rendering an opinion concerning
the effect of this law on this transaction, and the parties are not acting on any statements made or omitted by
the escrow or closing officer.
To facilitate compliance with this law, the parties to this escrow hereby authorize First American Title Company of
Idaho, Inc., to release any party(ies) taxpayer identification number to any requesting party who is a party to this
transaction. The requesting part shall deliver a written request to escrow. The parties hereto waive all rights of
confidentiality regarding their respective taxpayer identification numbers and agree to hold First American Title
Company of Idaho, Inc., harmless against any fees, costs, or judgments incurred and/or awarded in connection
with the release of taxpayer identification numbers.
PENALTIES
Penalties for failure to comply will most likely be assessed against the individual taxpayers for failure to provide
the information.
Page 3 of 4
First American Title Company of Idaho, Inc. National
Commercial Services File No.: NCS-247971-BOI (rmr)
Date: 08/02/2006
Any amendments of and/or supplements to any instructions must be in writing. If any Earnest Money
Agreements, Receipt and Agreements to Purchase or the like are attached to these instructions and one or more
terms of said agreements conflict with or vary from these instructions, these instructions shall nevertheless
control.
The Seller agrees to sell and the Buyer agrees to buy the property herein described upon the terms hereof.
BUYER(S):
David Buich
Karen Buich
I/We approve of the foregoing instructions, agree to be bound thereof, and agree to sell and will deliver to you
papers, instructions and/or funds required from me within the time limits specified herein, which you are
authorized to deliver when you can issue your policy of title insurance as set forth above. You are instructed to
use the money and record the instruments to comply with said escrow instructions and to pay all encumbrances
of record necessary, without further approval including prepayment penalties to show title as herein provided. I
agree to pay your usual sellers escrow fee, drawing of documents and such other charges which are advanced for
my account regardless of the consummation of this escrow. I also agree to pay the policy of title insurance
premium and recording fees which are properly chargeable to me.
At the close of escrow, you are to mail any documents and your check or checks payable to:
SELLER(S):
City of Meridian, a municipal corporation
By: Tammy e erd, Mayor -`
iili q�}111<<,\\y�l
Page 4of4
AFTER RECORDING MAIL TO:
David Buich and Karen Buich
3100 N. Glen Stuart Lane
Eagle, ID 83616
CORPORATE WARRANTY DEED
File No.: NCS-247971-BOI (rmr)
Date: August 02, 2006
For Value Received, City of Meridian, a municipal corporation, a corporation duly organized and
existing under the laws of the State of Idaho, Grantor, does hereby grant, bargain, sell and convey unto
David Buich and Karen Buich, husband and wife, Grantee, whose address is 3100 N. Glen Stuart
Lane, Eagle, ID 83616, the following described real estate, to wit:
Lot 20 in Block 1 of AMENDED PLAT OF TOWNSITE OF MERIDIAN, according to the plat
thereof, filed in Book 2 of Plats at Page 61, records of Ada County, Idaho.
APN: Portion of R-5672-00-0140
SUBJECT TO current years taxes, irrigation district assessments, public utility easements, subdivision and
U.S, patent reservations.
TO HAVE AND TO HOLD the said premises, with their appurtenances, unto said Grantee, and to the
Grantee's heirs and assigns forever. And the said Grantor does hereby covenant to and with the said
Grantee, that the Grantor is the owner in fee simple of said premises; that said premises are free from all
encumbrances, and that Grantor will warrant and defend the same from all claims whatsoever.
IN WITNESS WHEREOF, the Grantor, pursuant to a resolution of its Board of Directors has caused its
corporate name to be hereunto subscribed by its
—�_ day of —dam
61 , 20 l96 this
City of Meridian, a municipal corporation \�,��'�{ OF � �r
o -
By: Tammy d SEA,
E
erd, Mayor _ -
r
APN:
Warranty Deed File No.: NCS-247971-BOI (rmr)
- continued Date: 08/02/2006
STATE OF Idaho
ss.
COUNTY OF Ada
On this %` day of August, 2006, before me, a Notary Public in and for said State, personal)
appeared Tammy de Weerd, known or identified to me to be the Mayor of the corporation that
executed the within instrument or the person who executed the instrument on behalf of said corporation,
and acknowledged to me that such corporation executed the same.
In witness whereof, I have hereunto set my hand and affixed my official seal the day and year in this
certificate first above written.
Notary Public for the State of Idaho
Residing at: %,q ID
My Commission Expires: / - —/=
Page 2 of 2
Y a>feg 1
,. FizstAmetican Title Company ofldaho, Inc.
National Commercial Services
7311 Potomac Drive • Boise, ID 83704
Seller's Estimated Settlement Statement
Property: 0000 E. Broadway Avenue, Meridian, ID 83642
Lot: 20
Buyer: David Buich, Karen Buich
Address: 3100 N. Glen Stuart Lane, Eagle, ID 83616
Seller: City of Meridian
Address: 33 East Idaho Avenue Meridian, ID 83642
File No: NCS-247971-BOI
Officer: Ruth M. Rubel/rmr
New Loan No:
Settlement Date: 08/10/2006
Disbursement Date: 08/10/2006
Print Date: 8/7/2006, 12:12 PM
- -- r�szimatecl Settlement Statement is subject to changes, corrections or additions
at the time of final computation of the Settlement Statement.
SELLER(S):
,,,`���4fll1t1111tt1j;;
City of Meri a municipal corporation �,�`'� OF `
� 0
By: Tammy de ee ayor
Io4�7
Page 1 of 1
T
u,A
GENERAL CONTRACTORS & CONSTRUCTION MANAGEMENT
August 1, 2006
City of Meridian
City Attorney
703 Main Street
Meridian, Idaho 83642
ATTN: Ted W. Baird, Deputy City Attorney
Dear Ted,
AUG 0 12006
City of Meridian
City Clerk Office
Enclosed are two signed and notarized originals of the Construction Management
Agreement for the City Hall Project.
As discussed with you it is our understanding that Section 10.2.1(1) shall be the subject of
a Change Order. To wit, the three year renewal requirement for the Errors and Omissions
Liability Insurance shall be changed to a renewal requirement of two years so as to
correspond to the statute of limitations for the professional services being rendered.
Respectfully yours,
Pat Kershisnik
9056 W. BLACKEAGLE DR. ' BOISE, ID 83709 , PHONE: (208) 323-4500 ' FAX: (208
WWW.PETRAINC.NET > 3 23-4507
RCE-1875