Mou/Moa - 2017 - 2Nd Amended - Cost Share Engineering Services For Right In/Right Out - 6/29/20172f,d Ariteind
ORIGINAL
SECOND AGREEMENT TO AMEND THE MEMORANDUM OF AGREEMENT
FOR COST SHARING OF ENGINEERING SERVICES
This Agreement to Amend and Extend the Memorandum of Agreement for Cost Sharing of
Engineering Services ("Agreement") is made this 1 day of June, 2017 ("Effective Date"), by and
between the City of Eagle, a municipal corporation organized under the laws of the State of Idaho
("City"), the Eagle Urban Renewal Agency, an urban renewal agency organized under the laws of the
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 Parties entered in an Agreement to Amend the Memorandum of Agreement for
Cost Sharing of Engineering Services dated October 12, 2016 set to expire March 31, 2017, unless
engineering services have not been completed and then an automatic 90 day renewal period would
commence;
WHEREAS, due to unforeseen delays, such as land title and access issues, the Engineering
Services have not been able to commence;
WHEREAS, the Parties continue to endeavor on this project as originally contemplated in MOA
and subsequent amendment;
WHEREAS, the Parties wish to extend this Agreement for a period of one (1) year.
NOW THEREFORE, for mutual consideration, the receipt, value and sufficiency of which are
hereby acknowledged, the Parties agree as follows:
1. Paragraph 2 of the Agreement to Amend the Memorandum of Agreement for Cost Sharing of
Engineering Services dated October 12, 2016 be deleted in its entirety. The term of the MOA
described in Section III.A shall be amended as follows:
This Agreement begins immediately upon execution and shall remain in effect
through Septombor-30r2June 30, 2018, or until the engineering services are
completed and final payment is made by each of the Parties, whichever occurs first.
2. All other terms of the Agreement and amendments thereto remain the same and in full force
and effect.
SECOND AMENDMENT TO MEMORANDUM OF AGREEMENT FOR COST SHARING - ENGINEERING SERVICES PAGE 1 OF 2
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on this 21. day
of June, 2017.
EAGLE URBAN RENEWAL AGENCY:
af.Kunz, Chairman
CITY OF EAGLE:
Stan Ridgeway, Mayor
EAGLE FIRE PROTECTION DISTRICT:
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Gary Stillwei�, Chairman
Kevan Kjar, Commi sia r
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Ilan Friend
PACIFIC WEST COMMUNITIES, INC.:
Caleb Roope, President/CEO
EAGLE 26, LLC:
Greg McVay, Managing Member
Attest:
Ellen Smith, Secretary
Attest:
ron Bergmann, City Clerk
Attest:
Angi McBride, Administrative Manager
SECOND AMENDMENT TO MEMORANDUM OF AGREEMENT FOR COST SHARING -. ENGINEERING SERVICES PAGE 2 OF 2