Mou/Moa - 2016 - 1St Amended - Cost Share Engineering Services For Right In/Right Out - 10/12/20161 St Pw>7
OR1GINAL
AGREEMENT TO AMEND THE MEMORANDUM OF AGREEMENT
FOR COST SHARING OF ENGINEERING SERVICES
This Agreement to Amend and Extend th emorandum of Agreement for Cost Sharing of Engineering Services
("Agreement") is made this day of , 2016 ("Effective Date"). by and between the City of Eagle. a
municipal corporation organized under the laws ofthe State of Idaho ("City"), the Eagle Urban Renewal Agency. an
urban renewal agency organized under the laws ofthe State of Idaho ("EURA"), the Eagle Fire Protection District. a
governmental entity organized under the laws of the State of Idaho, Pacific West Communities, Inc.. an Idaho
corporation and Eagle 26. LLC. an Idaho limited liability company. The above noted individuals and entities may
individually be referred to as "Party" and collectively be referred to as "Parties".
WHEREAS, the Parties entered into a Memorandum of Agreement for Cost Sharing of Engineering Services
dated March 25. 2016 ("MOA");
WHEREAS, the EURA, in cooperation with the other Parties hereto, entered into a Professional Services
Agreement ("PSA'') with RiveRidge Engineering ("Engineer") to perform the desired engineering services and also
determined a more specific amount regarding the cost of performing the scope of services;
WHEREAS, after the Notice to Proceed was issued by the EURA under the PSA, the Parties learned that
additional information was needed before Engineer could continue with the majority of the scope of work:
WHEREAS, the Parties desire to revise the term of the MOA so that additional time may be granted to the
Engineer to complete the scope of work under the PSA;
NOW THEREFORE, for mutual consideration, the receipt, value and sufficiency of which are hereby
acknowledged, the Parties agree as follows:
1. The estimated cost to be shared by the Parties hereto as noted in Section I.A is hereby modified to further
clarify the amount to be a lump sum of thirty-five thousand dollars ($35.000.00) if the storm water discharge
is available via infiltration. If the storm water discharge is not available via infiltration, then an additional fee
on top ofthe above lump sum in an amount not to exceed three thousand dollars ($3000.00) will be paid ro
the engineer in accordance with the hourly rates specified in the PSA.
2. The term ofthe MOA described in Section I11.A thereof shall be amended and replaced with the following:
"This Agreement begins immediately upon execution and shall remain in effect through March 31. 2017. or
until the engineering services are completed and final payment is made by each of the Parties, whichever
occurs first. Should the engineering services not be completed and final payment by each ofthe Parties not
have been made by March 31. 2017. then this agreement will automatically be extended for an additional
ninety (90) days or until the engineering services are completed and final payment is made by each of the
Parties, whichever occurs first."
3. All other terms of the Agreement remain the same and in full force and effect.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on this ! 2 day of errther.
2016.
AMrNIMI.NT TO MFMORANIH;M (IT AGRI•.I MI?NT roR Cosr SI IAREN(G - F NGINI F RING SF.RVICits
PAW'. 1 OF 2
i;tYi
EAGLE URBAN RENEWAL AGENCY:
13 : 3 Kunz, ' airman
CITY OF EAGLE:
lZ
Stan Ridgeway, Mayor
EAGLE FIRE PROTECTION DISTRICT:
Mike Winkle, Fire Chief
PACIFIC WEST COMMUNITIES, INC.:
Cale Roope, President/CEO
EAGLE 26, LLC:
Burry Marcus, Managing Member
Greg McVay, Managing Member
Attest:
Lindsey P e • y Weasel, Secretary
Attest:
Sharon Bergmann, City Clerk
Attest:
q
Angi McB ide,
111fiLll_
inistrative Manager
Alslr.N1)Ml:Nl .0 IVII.MURAt I)IIM 01' AGRI:PMI l7 FOR COSI. SIIARING — ENGIN Eli RING SIiRVICES
ANGELA SUE MCBRIDE
Notary Public
State of Idaho
PAGE 2 OF 2
EAGLE URBAN RENEWAL AGENCY:
By: Jeff Kunz, Chairman
CITY OF EAGLE:
Stan Ridgeway. Mayor
EAGLE FIRE PROTECTION DISTRICT:
Mike Winkle, Fire Chief
PACIFIC WEST COMMUNITIES, INC.:
Cale -r ope, President/CEO
EAGLE 26, LLC:
Barry Marcus, Ma aging Member
Cireg McVay, Managing Member
Attest:
Lindsey Pretty Weasel, Secretary
Attest:
Sharon ergmann, Clerk
Attest:
Angi McBride. Administrative Manager
AMENUMEN I ";'O MEMORANDUM OF AGREEMENT FOR COS I. SIIARINO— ENGINEERING SERVICES PA{iI:2 c 2