Reimbursement - 2019 - The Linder Project - Dedication & Impact Fee Credit Agrt - 4/10/2019ADA COUNTY RECORDER Phil McGrane
BOISE IDAHO Pgs=28 VICTORIA BAILEY
EAGLE CITY
2019-034953
04/29(2019 02:28 PM
NO FEE
11111111 11111111)!1)10111010114111,111811181111111111 IIII
6
DEDICATION AND IMPACT FEE CREDIT AGREEMENT
THIS pEDICATIQN AND IMPACT FEE CREDIT AGREEMENT ("Agreement") is
made this 1O day of Ai9ft1 , 2019, by and between the City of Eagle, an Idaho municipal
corporation ("City"), and The Linder Project, LLC, a Delaware limited liability company
("Developer"). City and Developer may collectively be referred to in this Agreement as the
"Parties".
RECITALS
A. Developer is developing a residential apartment project in the City of Eagle known
as "Linder Apartments," originally approved by the City under application No. RZ-20-06 and
recently modified under application No. RZ-20-06 MOD2, resulting in the execution and recording
of that certain Amended and Restated Development Agreement, which is Instrument No. 2015-
044495 ("Development Agreement").
B. Section 3.12 of the Development Agreement requires Developer to construct and
dedicate to City certain pathway improvements that will benefit the general public, including a 10 -
foot wide greenbelt pathway along the portion of the subject property adjacent to the Boise River
("Greenbelt"). The Greenbelt will consist of approximately 586 linear feet of asphalt pathway
with a 5 -foot gravel shoulder on both sides, or approximately 11,720 square feet (0.27 acres).
C. Section 3.19 of the Development Agreement requires Developer to construct and
dedicate to City certain park improvements that will benefit the general public, including a
"Sportsman Access" paved parking area with a minimum capacity of fifteen (15) vehicles for
pedestrian access to the Boise River and the greenbelt pathway, and to stub central sewer and
potable water lines to the site (collectively, "Sportsman Access Improvements"). The Sportsman
Access Improvements will consist of approximately 5,000 square feet (0.11 acres) of an asphalt
parking area with 15 parking stalls and 2 feet of gravel shoulder.
D. Section 3.27 of the Development Agreement requires Developer to construct a
public bathroom in proximity to the Sportsman Access. The construction and reimbursement for
the public bathrooms required by Section 3.27 of the Development Agreement is addressed in a
separate agreement, that certain Construction Reimbursement Agreement by and between the
Developer and City ("Construction Reimbursement Agreement"). Under the Construction
Reimbursement Agreement, City is reimbursing Developer for the costs to construct the public
bathroom through a parks impact fee credit, which cost is currently estimated to be $314,364.75.
E. City desires to take ownership of a significant portion of Developer's property
adjacent to the Boise River that surrounds the Greenbelt and Sportsman Access Improvements. In
total, pursuant to the terms of this Agreement, Developer is dedicating approximately 3.09 acres
of real property ("Dedication Property") to City after constructing the improvements required by
Section 3.12 and 3.19 of the Development Agreement. Prior to dedication, Developer will also
landscape approximately 27,000 square feet (0.6 acres) of the Dedication Property adjacent to the
Greenbelt with improved native landscaping.
DEDICATION AND IMPACT FEE CREDIT AGREEMENT - 1
F. At 278 units, the total pathway and park impact fees that would be due for Linder
Apartments is $402,049.16 ($1446.22 x 278 units).
G. Even excluding the Greenbelt and Sportsman Access Improvements and associated
dedication of land (0.38 acres) required by the Development Agreement, the value of the remaining
Dedication Property under the City's Development Impact Fee Study & Capital Improvements
Plan dated March 2017 ("CIP") is $180,500 ($125,000 per acre for the improved 0.6 acres
($75,000), plus $50,000 per acre for the remaining 2.1 1 acres ($105,500)). Together with the
estimated $314,364.75 cost of the public bathroom pursuant to the Construction Reimbursement
Agreement, the total value of the eligible improvements and dedication exceeds the total cost of
impact fees for Linder Apartments.
H. The parties agree that Developer is entitled to full impact fee credit for the value of
the pathway and park improvements and dedication pursuant to Eagle City Code Title 7, Chapter 6,
Section 9.
I. A map generally depicting the Dedication Property is attached to this Agreement
and incorporated herein as Exhibit A. A graphic depiction and legal description of the Dedication
Property is attached to this Agreement and incorporated herein as Exhibit B.
J. The Developer is constructing the Greenbelt and the Sportsman Access
Improvements and dedicating the Dedication Property for the benefit of City and its residents.
K. City and Developer desire to enter into this Agreement to set forth the terms of the
conveyance of the Dedication Property and to set forth the terms of Developer's impact fee credit.
AGREEMENT
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, and in consideration of the recitals above, which are incorporated
below, the Parties agree as follows:
1. Legal Authority. This Agreement is made pursuant to and in accordance with the
provisions of the Idaho Development Impact Fee Act, Idaho Code Section 67-8201, et seq. and
Eagle City Code Title 7, Chapter 6.
2. Impact Fee Credit. Taking into account the impact fee credit owed to Developer
under the Construction Reimbursement Agreement, the Parties agree that the value of the
construction of certain parks and pathway improvements as part of the Linder Apartments project,
specifically the improvements to and the conveyance of the Dedication Property, exceeds the total
amount of impact fees owed for the Linder Apartments. Therefore, Developer shall not be
responsible for payment of any parks and pathway impact fees in connection with the Linder
Apartments. The Parties further agree that Developer is not entitled nor shall Developer seek
reimbursement from City for the value of improvements in excess of impact fees owed for the
Linder Apartments.
DEDICATION AND IMPACT FEE CREDIT AGREEMENT - 2
3. Park and Pathway Improvements. All improvements made pursuant to this
Agreement to the City's parks and pathway network will be made in accordance with all applicable
City standards and shall be dedicated to City upon completion.
4. Conveyance of Dedication Property. Upon the completion of the Greenbelt and
the Sportsman Access Improvements in accordance with this Agreement and the Development
Agreement, Developer will convey the Dedication Property to the City via special warranty deed
in the form attached hereto and incorporated herein as Exhibit C.
5. Amendments. Any alteration or change to this Agreement shall be made only by
the written agreement of the Parties and in compliance with the notice and hearing provisions of
Idaho Code Section 67-6509.
6. Attorney Fees. In the event of any action commenced between the parties hereto
to enforce the terms hereof, the prevailing party in any such action will be entitled to recover from
the other party its costs of suit, its reasonable attorneys' fees, and such other costs as may be
allowed by the court.
7. Entire Agreement. This Agreement constitutes the entire agreement between the
Parties and will not be modified except in writing executed by all Parties.
8. Effect of Agreement. This Agreement shall become valid and binding upon its
approval by the City Council and execution of the Mayor and City Clerk. This Agreement shall
be binding upon the Parties and their respective grantees, successors, assigns or lessees.
[end of text; signature pages follow]
DEDICATION AND IMPACT FEE CREDIT AGREEMENT - 3
IN WITNESS WHEREOF, the parties have hereto affixed their respective signatures the
day and year first above written.
DEVELOPER: THE LINDER PROJECT, LLC,
a Delaware limited liability company
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CITY OF EAGLE,
an Idaho municipal corporation
ATTEST:
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`Sharon K. Bergmann, City Clcilk
DEDICATION AND IMPACT FEE CREDIT AGREEMENT - 4
Exhibit A
Man of Dedication Property
DEDICATION AND IMPACT FEE CREDIT AGREEMENT - 5
Exhibit B
Graphic Depiction and Legal Description of Dedication Property
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DEDICATION AND IMPACT FEE CREDIT AGREEMENT - 6
TME LINDER PROJECT
PARCEL "E" DESCRIPTION
A parcel :and being a portion of Lots 13 and 14 of the Compton Andrews Tract (a Subdivision), located ,n
Government Lot 1 of Section 14, Township 4 North, Range 1 West, Bo se Meridian, City of Eagle, Ma County,
Idaho, being more particularly described as follows:
Commencing at the Northeast comer of said Section 14 of said Township 4 North, Range 1 West, (from which
point the East One Quarter Corner of said Section 14 bears South 00'40'52" West, 2605.90 feet distant);
Thence from said Section Comer, North 89°19'08" West, a distance of 48.00 feet to a posit on the westerly right
of way fine of South Linder Road;
Thence South 00'40'52' West, a distance of 986.49 feet on said westerly right of way, said :ane being 48.00 feet
westerty of and parallel with the East Section line of said Section 14, to the PONT OF BEGINNING;
Thence South 00' 40' 52" West, a distance of 185.65 feet on said westerty right of way line to a point on
the North Bank of the North Channel of the Boise River;
Thence on the North Bank of the North Channel of the Boise River for the following courses and
distances.
Thence North 82.19' 05' West, a distance of 138.60 feet
Thence North 35' 37 12' West, a distance of 63.97 feet;
Thence North 70' 06 52' West, a distance of 229.91 feet
Thence North 63' 08 31' West, a distance of 122.49 feet~
Thence North 38' 24 12' West, a distance of 168.74 feet to the southwest corner of Parcel A as shown
ori Record -of -Survey Number 8181 of Ada County Records;
Thence North 00' 40 52' East, a distance of 14951 feet on the westerly boundary line of said Parcel A
to the southeast comer of Lot 13, Block 1 of MCR/Level 3 Subdivision Phase 1, as same is shown on the
official plat thereof, recorded in Book 107 of Plats at Page 14794 of Ada County Records;
Thence South 77' 43 39' East, a distance of 104.71 feet,
Thence South 63' 03 24' East, a distance of 256.88 feet,
Thence South 44' 19' 02'' East, a distance of 223.79 feet;
Thence South 89' 1g' 08'East, a distance of 117.70 feet to the point of beginning.
The above described contains 3.02 acres more or less.
DEDICATION AND IMPACT FEE CREDIT AGREEMENT - 7
Exhibit C
Form Special Warranty Deed
When recorded, please return to:
The City of Eagle
660 East Civic Lane
Eagle, Idaho 83616
SPECIAL WARRANTY DEED
FOR VALUE RECEIVED, the receipt and sufficiency of which are hereby acknowledged,
The Linder Project, LLC, a Delaware limited liability company ("Grantor"), hereby sells,
transfers, and conveys unto The City of Eagle, an Idaho municipal corporation, whose address is
660 East Civic Lane, Eagle, Idaho 83616 ("Grantee") all of Grantor's right, title, and interest in
and to the real property legally described on EAbibliA, attached hereto and incorporated herein
(the "Property").
TOGETHER WITH all of Grantor's right, title, and interest in and to all water and water
rights and ditch or irrigation company shares associated therewith, streets, alleys, and rights of
way adjacent thereto, all mineral rights appurtenant thereto, and all and singular the tenements,
hereditaments, and appurtenances thereunto belonging or in anywise appertaining, the reversion
and reversions, remainder, and remainders, rents, issues, and profits thereof; and all estate, right,
title, and interest in and to the Property, as well in law as in equity.
TO HAVE AND TO HOLD the Property with its appurtenances unto Grantee, its
successors, heirs, and assigns, forever.
AND GRANTOR hereby covenants with Grantee that: (a) Grantor owns the Property in
fee simple; (b) the Property is free from all encumbrances done, made, or suffered by Grantor
except: (i) general taxes and assessments not yet due and payable; (ii) all matters of record or
appearing on the land; and (iii) all matters made, done, or suffered by Grantee; and Grantor will
warrant and defend the same against all lawful claims of all persons claiming by, through, or under
Grantor, but none other.
[Remainder of page intentionally left blank; signature pages follow.]
DEDICATION AND IMPACT FEE CREDIT AGREEMENT - 8
IN WITNESS WHEREOF, Grantor has executed this Special Warranty Deed effective as
of the I: day of ,�t. , 20 .
STATE OF OW59121'0 R
County of 1.05 11Nba0
GRANTOR:
THE LINDER PROJECT, LLC,
a Delaware limited liability company
By:
Name:
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On this 1014!)day of Pn9(' I , 2011, before me, a Notary Public in and for said
State, personally appeared Cct4&y Hilo. , known or identified to me to be the
kaonavr of the THE INDER PROJECT, LLC, a Delaware limited liability
company, `Who subscribed said limited liability company name to the foregoing instrument, and
acknowledged to me that such limited liability company executed the same in said limited liability
company name.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
FRANCINE ANNE BITON
Notary Public - California
Los Angeles County
Commission k 2272984
My Comm. Expires Dec 24, 2022
Notary Public for Idaho C >' V W"
Residing at l.Os Atoletts
My Commission expire I Z 121 Z
DEDICATION AND IMPACT FEE CREDIT AGREEMENT - 9
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EXHIBIT A
TO SPECIAL WARRANTY DEED
Legal Description of Property
THE LINDER PROJECT
PARCEL "E" DESCRIPTION
A parce. ;and being a portion of Lots 13 and 14 of the Compton Andrews Tract (a Subdivision), located in
Government Lot 1. of Section 14, Township 4 North, Range 1 West, Boise Meridian, City of Eagle, Ada County,
Idaho, being more particularly described as follows:
Commencing at the Northeast corner of said Section 14 of said Township 4 North, Range 1 West, (from which
point the East One Quarter Corner of said Section 14 bears South 00°40'52" West, 2605.90 feet distant);
Thence from said Section Comer, North 89°19`0B" West, a distance of 48.00 feet to a point on the westerly right
of way line of South Linder Road,
Thence South 00'40'52" West, a distance of 986.49 feet on said westerly right of way, sad Zine being 48.00 feet
westerly of and parallel with the East Section ine of said Section 14, to the POINT OF BEGINN NG;
Thence South 00' 40' 52" West, a distance of 185.65 feet on said westerly right of way line to a point on
the North Bank of the North Channel of the Boise River;
Thence on the North Bank of the North Channel of the Boise River for the following courses and
d i.stances
Thence North 82' 19' 05" West, a distance of 138.60 feet,
Thence North 35' 37 12" West, a distance of 63.97 feet,
Thence North 70' 06 52" West, a distance of 229.91 feet,
Thence North 63' 08 31" West, a distance of 122.49 feet
Thence North 38' 24' 12" West, a distance of 168.74 feet to the southwest corner of Parcel A as shown
on Record -of -Survey Number 8181 of Ada County Records,
Thence North 00' 40' 52' East, a distance of 14951 feet an the westerly boundary line of saki Parcel A
to the southeast corner of Lot 13, Block 1 of HCR/Level 3 Subdivision Phase 1, as same is shown on the
official plat thereof, recorded m Book 107 of Plats at Page 14794 of Ada County Records;
Thence South 77' 43' 39" East, a distance of 104.71 feet,
Thence South 63' 03' 24" East, a distance of 256.88 feet;
Thence South 44' 19' 02" East, a distance of 223.79 feet;
Thence South 89' 19' 08" East, a distance of 117.70 feet to the point of beginning.
The above described contains 3.02 acres move or Tess.
DEDICATION AND IMPACT FEE CREDIT AGREEMENT - 10
CONSTRUCTION REIMBURSEMENT AGREEMENT
THIS CONSTRUCTION RELMBURSEMENT AGREEMENT (this "Agreement") is
made this 10114 day of (kflt,i,l , 2019, by and between City of Eagle, an Idaho municipal
corporation ("City"), and The Linder Project, LLC, a Delaware limited liability company
("Developer").
RECITALS
A. Developer is developing a residential apartment project in the City of Eagle,
known as "Linder Apartments," originally approved by City under application No. RZ-20-06
and most recently modified under application No. RZ-20-06 MOD2, resulting in the execution
and recording of that certain Amended and Restated Development Agreement, dated April 14,
2015, Instrument No. 2015-044495 (the "Development Agreement").
B. Section 3.27 of the Development Agreement states: "The Owner shall be required
to construct a two stall public restroom in proximity to the Sportsman Access. The cost of
construction of the public restroom shall be reimbursed by the City by offsetting the required
park impact fees received for the Linder Apartments. The public restroom shall be dedicated
to City and upon dedication maintained by the City."
C. Site Specific Condition of Approval No. 4 of Eagle DR -12-18 for Linder
Apartments states: "Provide revised building elevations and floor plans showing the sportsman
restroom facility to have a minimum of two stalls per gender (i.e.: two female and two male).
The applicant shall work with the Eagle Public Works Director with regard to the internal and
exterior construction materials, colors, hardware, etc. to be used in the construction of the
restroom facility. The revised building elevations and floor plans shall be reviewed and approved
by staff and two members of the Design Review Board members prior to the issuance of a
zoning certificate."
D. City and Developer desire to enter into this Agreement to set forth the terms for
design, construction, reimbursement, and dedication of the sportsman restroom facility as
described in Recital C (the "Facility").
AGREEMENT
City and Developer, based on the recitals and terms herein and for the consideration
herein stated, agree as follows:
1. Scope of Work
Developer and City agree that the Facility will be constructed in the location generally
depicted in Exhibit A attached hereto. Developer and City agree that the plans and specifications
for the Facility, as approved by City pursuant to Site Specific Condition of Approval No. 4 of
Eagle DR -12-18-19, are attached or referred to in Exhibit B hereto (the "Plans and
Specifications"). Developer agrees to construct the Facility in the location in substantial
accordance with the Plans and Specifications, and otherwise in accordance with the terms of this
Agreement.
CONSTRUCTION REIMBURSEMENT AGREEMENT
1.in& rCor+nw,km Reimhunerum Ajnemeet (Mb Il?I99-)SI
PAGE 1 OF 10
2. Reimbursement by Impact Fee Credit
2.1 Parks Impact Fee Reimbursement; Estimate.
City agrees to reimburse Developer the actual cost incurred by Developer in the design
and construction of the Facility by issuance of a parks impact fee credit in accordance with this
Agreement. Developer's estimate of the total cost to design and construct the Facility is attached
hereto as Exhibit C (the "Estimate"). City understands that the Estimate is an estimate only and
the final design and construction cost may be more or less than the Estimate, and that City will
be obligated to reimburse Developer the actual cost to design and construct the Facility. The City
agrees that Developer will receive an parks impact fee credit on the date of this Agreement equal
to the amount of the Estimate, which impact fee credit will be adjusted to reflect the actual
amount of the impact fee credit approved by City pursuant to Section 2.4.
2.2 Construction Costs
If Developer elects to hire a single contractor to construct the Facility, Developer seek at
least three competitive bids from contractors deemed to be qualified by Developer. If Developer
elects to hire a construction manager -general contractor (CM -GC) to construct the Facility, then
Developer will negotiate a contract with CM -GC on a price and terms that Developer determines
to be reasonable and fair to the public after considering the estimated value, the scope, the
complexity and the nature of the services; provided, however, for each portion of the work not
self -performed by the CM -GC, the CM -GC must solicit competitive bids from not less than three
(3) contractors or suppliers deemed to be qualified by the CM -GC. All contractors will be
provided the same Plans and Specifications and be treated equally. If requested by City,
Developer or CM -GC will open all bids in the presence of a representative of City. Developer or
CM -GC agrees to award the work to the lowest qualified bidder; provided, however, for good
cause, Developer or GM -GC may elect to reject all bids and solicit additional bids (with or
without adjustments to the Plans and Specifications).
23 Reimbursement Request
Upon completion of the construction of the Facility, Developer will notify City that the
Facility is complete and request that City accept the dedication of the Facility. The notice must
also include Developer's request for reimbursement of all costs to design and construct the
Facility, which request must be supported by (i) documentation evidencing that Developer has
properly incurred and paid the costs for which Developer seeks reimbursement, and (ii) lien
waivers for the Facility as provided in Section 6 herein.
2.4 City Review; Acceptance; Final Credit
Upon receipt of Developer's completion notice and reimbursement request, City will
promptly (a) inspect the Facility (see Section 7 below) and notify Developer whether or not City
accepts the Facility, and (b) review Developer's reimbursement request and notify Developer
whether or not City approves the request. If City does not accept the Facility or approve the
request, City will notify Developer of the reasons for its disapproval, and City will work with
Developer in good faith to resolve City's concerns. Upon resolution of any disapproval,
Developer will resubmit its notices and/or documentation as appropriate, and the City will
promptly review and approve the same. Upon City's acceptance of the Facility, the care, custody
and control of the Facility will transfer to City. Upon approval of Developer reimbursement
CONSTRUCTION REIMBURSEMENT AGREEMENT PAGE 2 OF 10
1.imhr Conus cuim Ri1mbursement Air►' mcns 11101(12199351
request, City will issue Developer an adjusted parks impact fee credit the reflects the actual cost
to design and construct the Facility identified in the approved reimbursement request.
3. Time
Once Developer obtains a building permit for the Facility, Developer will proceed in a
prompt and diligent manner to complete the Facility. The Facility must be completed before City
will issue the certificate of occupancy for the last apartment building within Linder Apartments.
4. Changes
City acknowledges that some minor or material changes may be necessary or desirable to
provide a well-built Facility. Accordingly, Developer may authorize minor changes to the
Facility that do not materially alter the durability, appearance or utility of the Facility, or any
specific requirement of City's Design Review approval of the Facility. If Developer believes that
a material change is necessary or appropriate, then Developer will request the Eagle Public
Works Director's approval of the change; provided, however, any change that ordinarily requires
Design Review approval will be subject to ordinary process for such approval. Changes in the
Facility will not affect City's obligation to reimburse the actual cost of construction of the
Facility to Developer.
5. Compliance with Law
Developer represents to City that in constructing the Facility and providing the
materials and labor required of Developer hereunder, Developer will comply with all federal,
state, and local governmental laws and ordinances together with all lawful orders, rules, and
regulations promulgated thereunder, including all laws regulating the use, generation, release,
manufacture, refining, production, processing, storage, transportation, or disposal of any
hazardous materials. Developer covenants and agrees that in the event any liability is assessed
against City because of Developer's negligence in complying with all federal, state, and local
laws and ordinances and all lawful orders, rules, regulations thereunder applicable to the
Facility, then City may, without prejudice to any other remedy it may have, offset the amount so
paid by City against the amounts owed to Developer hereunder.
6. Waiver of Lien Rights
Developer covenants and agrees to obtain specific lien waivers from the contractor or
CM -GC, and any other contractor or material supplier in which Developer has a direct
contractual relationship, and provide the same to City as required herein. Should City be required
to pay monies to any person asserting a claim of lien under Chapter 5, Title 45, Idaho Code, as a
result of the acts or omissions of Developer, then, and in that event, City may, without prejudice
to any other remedy it may have, offset the amount so paid by City against the amounts owed to
Developer hereunder.
7. Warranties; Inspections
Developer warrants and guarantees to City that all materials and fixtures provided by
Developer for the Facility will be new unless otherwise specified, and that all work will be of
CONSTRUCTION REIMBURSEMENT AGREEMENT PAGE 3 OF 10
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good quality and free from faults or defects and in accordance with the requirements of this
Agreement and of any inspections, tests or approvals referred to in this Section 7. All faulty or
defective work, and all work not in conformity with the requirements of this Agreement or
required inspections, tests, or approvals will be considered defective.
Should City or any other public entity or authority having jurisdiction require any work to
be specifically inspected, tested, or approved, Developer will give the inspecting public authority
or entity timely notice that it is ready for such tests, inspections, or approvals. Developer will
furnish to City the any certificates of inspection not produced by City attesting their approval.
The cost of all such inspections, tests, and approvals will be included in the cost of construction
to be reimbursed to Developer.
If required by City prior to approval of final cost reimbursement, Developer will
promptly correct any defective work. If Developer does not correct such defective work within a
reasonable time as specified in a written notice from City in accordance with the notices'
provisions hereof, City may have the deficiency corrected or the rejected work removed and
replaced. All direct or indirect costs of such correction and removal and replacement, including
compensation for additional professional services, if necessary, may be offset from any amounts
due and owing by City to Developer.
Developer will assign to City any warranties received from contractor or CM -GC, and
from any manufacturers, contractors or suppliers, in connection with the Facility.
8. Clean Up
Developer warrants unto City that, upon completion of the Facility provided for herein,
Developer will leave no scraps, leftover materials, or waste on the job site.
9. Workers' Compensation Insurance
Developer warrants to City that Developer has obtained worker's compensation coverage
for all employees of Developer in accordance with the worker's compensation laws of the State
of Idaho (Title 72, Idaho Code). It is understood and agreed between the parties hereto that
Developer is an independent contractor and is not the employee of City. Developer hereby
waives and releases any right to assert a claim, under the worker's compensation laws of the
State of Idaho, against City and covenants to hold City harmless from any such claims by
Developer or Developer's employees or their assigns.
10. Insurance
Developer agrees to secure and maintain, at its own expense and with companies
satisfactory to City, the following insurance coverages:
a) Workers' compensation as required above.
b) Comprehensive or commercial general liability for at least $1,000,000.00 combined
single limit for bodily injury and/or property damage liability, which will remain in
full force and effect at all times that this Agreement is in effect. The policy must
include an endorsement naming City and its officers, agents and employees as
additional insureds and an endorsement affording 30 days prior written notice of
cancellation to City in the event of cancellation or reduction in coverage. Certificates
CONSTRUCTION REIMBURSEMENT AGREEMENT PAGE 4 OF 10
Linder Castruct un RcimZursonertt Agnxment (1103) 1t199.3i1
of insurance and related endorsements demonstrating that the above requirements
have been met will be delivered to City at its request.
11. Indemnification
Developer will indemnify and save harmless City, including its officers, agents and
employees, of and from any and all claims, demands, causes of action, damages, costs, expenses,
actual attorney fees, losses, or liability, in law or in equity, of every kind and nature whatsoever
arising out of or in connection with the Facility, including but not limited to personal injury,
bodily injury, death to persons, and/or damage to property, but only to the extent caused by any
negligent act or omission of Developer or anyone directly or indirectly employed by Developer
or anyone for whose acts Developer may be liable. Nothing herein will obligate Developer to
indemnify or save harmless any indemnitee for their own negligence or the negligence of any
other indemnitee.
12. Remedies for Failure of Performance
If Developer should commence but neglect to complete the Facility in accordance with
the terms hereof, then City, after ten (10) days' written notice to Developer, may without
prejudice to any other remedy it may have (a) make good such deficiencies and the cost
thereof, including compensation for additional professional services, may be offset against
amounts due Developer; and (b) withhold payment of any monies or credits due Developer
pending corrective action to the extent required by and to the reasonable satisfaction of
City. If the payments then or thereafter due Developer are not sufficient to cover such amount,
Developer will pay the difference to City.
13. Termination
If Developer fails to commence and satisfactorily continue correction of a default within
ten (10) days after receipt by Developer of written notice of such default, City may terminate
Developer's right to perform under this Agreement.
14. Notices
All notices and other communications hereunder will be in writing and/or e-mail and will
be deemed duly given:
a) on date of delivery, if delivered personally, or by e-mail, upon receipt confirmation;
b) on the first business day following the date of dispatch if delivered by a recognized
next -day courier service; or
c) on the third business day following the date of mailing if delivered by registered or
certified mail, return receipt requested, postage prepaid. All notices will be delivered
as set forth below or pursuant to such other instructions as may be designated in
writing by the party to receive such notice.
CONSTRUCTION REIMBURSEMENT AGREEMENT PAGE 5 OF 10
14nw Consuuction Rcfmhurscmcrti Agretratett (1)03)11215351
City: City of Eagle
Attention: Mayor Stan Ridgeway
660 E. Civic Lane
Eagle, Idaho 83616
E-mail: sridgeway@cityofeagle.org
Developer: The Linder Project, LLC
Attention: Patrick Boel
3112 Los Feliz Blvd
Los Angeles, CA 90039
E-mail: patrick@localconstruct.com
15. Attorney Fees
In the event of any action commenced between the parties hereto to enforce the terms
hereof, the prevailing party in any such action will be entitled to recover from the other party its
costs of suit, its reasonable attorneys' fees, accounting fees actually incurred, and such other
costs as may be allowed by the court.
16. Entire Agreement
This Agreement and the Dedication and Impact Fee Credit
Agreement constitutes the entire agreement between the parties and will not be
modified except in writing executed by all parties hereto.
17. Binding Effect
This Agreement will be binding upon the heirs, administrators, executors, successors and
assigns of the parties hereto.
CONSTRUCTION REIMBURSEMENT AGREEMENT PAGE 6 OF 10
bider Cnastruaiaa ft. Agnran r 111131112199.351
IN WITNESS WHEREOF, the parties have hereto affixed their respective signatures the
day and year first above written.
DEVELOPER:
CITY:
,,,,,,,41141,,,,,‘•
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ATTEST: 1:4TE Ot
By: C) 6 ---1-.. ---k---- (per
Sharon K. Bergmann, City Clerik
THE LINDER PROJECT, LLC,
a Delaware limited liability company
By:
Name:ri,i1f_-or
Title: �'1Lim a,:'{,‘
CITY OF EAGLE,
an Idaho municipal corporation
By:
Stan Ridgeway, MayoU
CONSTRUCTION REIMBURSEMENT AGREEMENT PAGE 7 OF 10
.indct C1,rwru-tk41 Rcimhuraemcnt Ajrecmcm (r11:1 I121W-,s(,
EXHIBIT A
Location of the Facility
Location o restroom facility
?4'
Lirdt_r:12<i
Sj1!iFi iF2TJRC1
CONSTRUCTION REIMBURSEMENT AGREEMENT
Linder Coaanttuon Kclmburk•mcnt Agartr •n1 (trill 11 _21`9. 151
PAGE 8 OF I O
EXHIBIT B
Plans and Specifications
See next eight pages.
CONSTRUCTION REIMBURSEMENT AGREEMENT PAGE 9 OF 10
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EXHIBIT C
Cost Estimate
Under Sportsmans Restrooms
Preliminary Schedule of Values
3/19/2019
Item
Architectural
Civil Engineer
Structural Engineer
Mechanical, Electrical, and Plumbing Engineeu
Site Work
Concrete
Masonry
Metals
Woods and Plastics
Thermal/Moisture Protection
Doors and Windows
Finishes
Specialties
Plumbing
HVAC
Electrical
Continginecy
General Conditions and Requirements
Development Management
Total
CONSTRUCTION REIMBURSEMENT AGREEMENT
1432(030 (I2199.3(
1
Amount
$ 10,000.00
$ 3,400.00
$ 1,800.00
$ 3,500.00
$ 66,961.00
$ 13,917.00
$ 26,67100
$ 134.00
$ 14,374.00
$ 22, 744.00
$ 9,550.00
$ 13, 290.00
$ 13,525.00
$ 33,000.00
$ 10,500.00
$ 11,980.00
$ 12,220.00
$ 31,828.00
$ 14,969.75
$ 314,364.75
PAGE 10 OF 10