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Home My WebLink About2020-113 Agrmt- Housing Authority of Jackson Co. REIMBURSEMENT AGREEMENT CITY OF ASHLAND AND HOUSING AUTHORITY OF JACKSON COUNTY McCall and Villard Improvements THIS REIMBURSEMENT AGREEMENT (the "Agreement") is made and entered into this 44'day of Apr;1 2020 by and between HOUSING AUTHORITY OF JACKSON COUNTY ("HAJC"), and CITY OF ASHLAND, OREGON, an Oregon municipal corporation (the"City"). Recitals A. HAJC is the developer of SNOWBERRY BROOK II, a sixty-unit affordable multi- family housing development on Engle and Villard streets. B. As a condition of approval HAJC was required to construct the McCall/Villard Street connection and improvements (the"Required Improvements"). C. Notwithstanding the condition to construct the improvements, City and HAJC are parties to two Real Estate Option Agreements for property known as Map No. 391E11C Tax Lot 2505 and Tax Lot 2504 executed by the City Administrator and the Executive Director of the Housing Authority dated September 13, 2018 (collectively the "Sale Agreement"). In particular, Addendum No. 1(m) to the Sale Agreement sets forth the obligations to make such "Required Improvements" and provides that City "hereby represents and warrants that [HAJC] shall have no responsibility to construct any roadways adjacent to the property, including but not limited to an extension of McCall Drive to Villard Street or an extension to Villard Street as necessary." D. The City Engineer has reviewed the scope and cost estimates for the Required Improvements and has determined that the Required Improvements are covered by the Sale Agreement and are eligible for reimbursement subject to certainlimitations discussed herein. E. The parties hereto desire to enter into this agreement to effectuate the terms of the City's reimbursement obligation to HAJC for HAJC's construction of the Required Improvements and to clarify those improvements eligible for reimbursement. AGREEMENT NOW THEREFORE, it is agreed by and between the parties hereto as follows: 1. Recitals. The recitals are incorporated by reference as if fully set forth herein. 2. Required Improvements Defined. For purposes of this Agreement the Required Improvements mean the McCall/Villard connection from Engle Street to the existing terminus of McCall Drive. In particular, the Villard Street connection from Engle Street to the southerly entrance of the HAJC parking lot, shall be constructed to the following standard: REIMBURSEMENT AGREEMENT Villard Street i. Width—25-ft(22-ft minimum curb to curb width for a residential street with parking on one-side, 3-ft for two curb_and gutters) ii. Length— 110-ft iii. Depth— 18-in McCall Drive from the HAJC parking lot entrance south to the current McCall Drive terminus, shall be constructed to the following standard: b. McCall Drive i. Width— 16-ft(12-ft minimum alley width for an alley, 4-ft for two 2-ft shoulders) ii. Length— 105-ft iii. Depth— 18-in • 1 3. Responsibilities of HAJC. HAJC shall construct the Required Improvements. The Required Improvements shall be constructed in accordance with all applicable city and state code and regulations including the obligation to secure bonds and guarantees. Upon completion and acceptance of said Required Improvements by the City, HAJC shall submit to the City invoices and supporting documentation for those costs. 4. Responsibilities of the City. The City shall reimburse HAJC for the Required Improvements. A detailed Engineer's Estimate for the Required Improvements is attached hereto as Exhibit "A" and incorporated herein by reference (the "Engineer's Estimate"). In the event actual costs exceed the Engineer's Estimate, City shall be responsible for such increased costs to the extent that such costs arise from construction of the Required Improvements. 5. Amount of Reimbursement. City's obligation to reimburse HAJC shall be based on actual cost incurred by HAJC for items eligible for reimbursement under this agreement and for any additional items of reimbursement required in the course of construction of the Required Improvements, as evidenced by the invoices submitted by HAJC pursuant to the Engineer's Estimate.' HAJC shall be solely responsible for the cost of construction and installation of bollards, gates and similar devices installed within McCall Drive, as well as any street improvement,items which are not listed in the Engineer's Estimate. 6. Warranty. HAJC agrees to obtain from each contractor performing any aspect of the Required Improvements a warranty in the City's favor for the repair or replacement of faulty work or materials for a period of one (1) year following completion of the Required Improvements and the City's acceptance thereof, which acceptance shall not be subject to completion of all improvements for the development. 7. Disputes. In the event of any dispute arising out of this agreement, the injured party shall notify the injuring party of its contentions by submitting a claim, therefore. The injured party shall continue performing its obligations incurred herein so long as the injuring party commences to cure such injuring action within ten (10) days of service of such notice and completes the cure within forty-five (45) days after the notification, or such longer period as may be necessary or agreed upon by both parties to this agreement. 8. Attorney Fees. If either party commences an action against the other arising out REIMBURSEMENT AGREEMENT of or in connection with this agreement including the filing of a lien or other legal action to compel payment of the reimbursement, the prevailing party shall be entitled to recover reasonable attorney's fees and legal costs from the losing party related to enforcement of the provisions of the agreement. 9. Indemnification. The parties agree to indemnify, defend and hold the other party, and its officers, employees, agents, representatives and assigns (".Indemnities") harmless from and against any losses, claims, demands, actions or causes of actions of arm riature whatsoever arising out of or in any way.connected with the performance of such party, its officers, employees, agents, and representatives under this agreement, including costs incurred and reasonable attorney's fees. 10. Assignment of Agreement. Neither party may assign its obligations hereunder to any assignee without the knowledge and without written consent of the other party hereto which other party shall not unreasonably withhold consent. Assignment may be made only to an assignee financially capable and competent to carry out the assignor's obligations. Notwithstanding the foregoing, HAJC may freely assign its interest and obligations in this Agreement to Snow-berry Brook II, LLC, an Oregon limited liability company. 11. General Provisions. a. Except or otherwise provided herein the terms, conditions, covenants and agreements set forth herein shall apply to the parties, their employees, agents, administrators, directors, successors and assigns. b. Neither party to this agreement relies upon anywarranty or representation not contained in this agreement. c. This agreement shall be governed by and interpreted with respect to the laws of Oregon. d. Any failure or delay by either party in asserting any of its rights or remedies as to any default shall not operate as a waiver of any default or of any other rights or remedies provided for herein. e. This agreement may be amended at any time by the mutual consent of the parties by an instrument in writing signed by both parties. f. In the event that any provision or provisions of this agreement are held unenforceable, all provisions not so held shall remain in full force and effect. g. , The persons executing this agreement on behalf of the parties hereto warrant that they are dually authorized to execute this agreement on behalf of said parties and that by so executing this agreement the parties are formally bound by the provisions of this agreement. <Signature page follows> REIMBURSEMENT AGREEMENT • IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the day the year first written above. CITY OF ASHLAND /‘?'` Z Date: —7/50 o 20 By: 4 do►hr HOUSING AUTHORITY OF JACKSON COUNTY A — Date: Irl-A-PR 12.020 By:' • . Its: The -Lrbe oc- oIci_teMENr Appro'ed as to form: City Attorney IIEIMIRI'RSE V F'1 T AGREEMENT EXHIBIT "A" al-Mle@alll1)P 4ews'e Ltrojec Site Prep(LS) $ 5,924 Agg Base(Ton) $ 5,927 Asphalt(Ton) $ 4,538 Misc(LS) $ 30,173 Total $ 46,561 • Site Prep(LS) $ 3,434 Agg Base(Ton) $ 2,871 Asphalt(Ton) $ 2,363 Misc(LS) $ 4,871 Total $ 13,539 $ 60,100 aDr21 o8 0120, 0 • • • • • • HAPROJECTS\McCall Dr-Villard St Extension\vicCall-Villard scoping_est 03-10-2020 • CITY OF ASHLAND COST ESTIMATE PROJECT NAME:VILLARD STREET IMPROVEMENTS KIND OF WORK:STREET IMPROVEMENTS LENGTH ESTIMATE PREPARER -IKJJ 110 ITEM UNIT AMOUNT UNIT TOTAL COST MOBILIZATION AND TRAFFIC CONTROL __ MOBILIZATION LS 1 Nix $3,256.02 TEMPORARY PROTECTION AND DIRECTION OF TRAFFIC LS 1 + o $1,550.49 EROSION AND SEDIMENT CONTROL - EROSION CONTROL I LS I 11- I AI $301.07 ROADWORK CONSTRUCTION SURVEY WORK _ LS 111111111.1111.11111111111.10 $602.13 REMOVAL OF CURBS FOOT 30 3 a e o $300 REMOVAL OF SURFACINGS SQYD , 7 5 1 1(a) $67 CLEARING AND GRUBBING - %ACRE 0.12 5 _000000 $1,200 GENERAL EXCAVATION CUYD153 or) $3,819 SUBGRADE GEOTEXTILE SQYD 306 9 pyo $458 DRAINAGE AND SEWERS 12 INCH STORM SEWER PIPE,5 FT DEPTH FOOT 90 60 00 $5,400 CONCRETE AREA DRAIN EACH 1800,:00 $1,800 48-IN SD MANHOLE EACH 1 3 3.000 00 $3,000 CURB INLET EACH t 1 EMMEN. 1, QO:O $1,200 BASES AGGREGATE BASE TON I 1691 J o. 1 $5,927 WEARING SURFACES LEVEL 3,1/2 INCH DENSE MHMAC TON 45 9T 100,00 $4,538 h.,� CONCRETE CURBS FOOT 60 30 00 $1,800 PAVEMENT CUTTING FOOT 40 ;y a a $80 PERMANENT TRAFFIC CONTROL AND GUIDANCE DEVICES PAVEMENT LINE,TYPED SQFT 1 22 3 (an)e I $220 PERMANENT TRAFFIC CONTROL AND ILLUMINATION SYSTEMS PERMANENT SIGNS LS 1 TI90 $298.08 CONSTRUCTION SUBTOTAL $35,816 IN-HOUSE PRELIMINARY ENGINEERING LO°o $7,163 CONTINGENCIES B 4ao $3,582 BID SUBTOTAL $46,561 TOTAL COST ESTIMATE $46,561 • H:IPROJECTS McC ll Dr-Villard St ENensionl.MeCaILVdLvd scoping est 03-10-3020 / l • CITY OF ASHLAND COST ESTIMATE PROJECT NAME:McCALL DRIVE IMPROVEMENTS KIND OF WORK:STREET IMPROVEMENTS , LENGTH ESTIMATE PREPARER IKJJ 105 ITEM - UNIT AMOUNT UNIT TOTAL COST r MOBILIZATION AND TRAFFIC CONTROL • MOBILIZATION LS 1 o $946.77 TEMPORARY PROTECTION AND DIRECTION OF TRAFFIC LS 1 $450.84 EROSION AND SEDIMENT CONTROL EROSION CONTROL LS 1 I $87.54 ROADWORK CONSTRUCTION SURVEY WORK LS 1 $175.08 REMOVAL OF SURFACINGS SQYD 2 13 Ea) $21 CLEARING AND GRUBBING ACRE 0.08a Q Q 0 $800 GENERAL EXCAVATION CUYD 93 a5 o o $2,333 SUBGRADE GEOTEXTILE SQYD 187 $280 BASES AGGREGATE BASE TON 78 S Sia) $2,715 AGGREGATE SHOULDERS TON 5 a r o o I $155 WEARING SURFACES - LEVEL 3,1/2 INCH DENSE MHMAC I TON I 241 a iao 0 0 a $2,363 PERMANENT TRAFFIC CONTROL AND ILLUMINATION SYSTEMS PERMANENT SIGNS LS 1 111111111111111 $86.68 CONSTRUCTION SUBTOTAL $10,414 IN-HOUSE PRELIMINARY ENGINEERING d $2,083 CONTINGENCIES a' $1,041 BID SUBTOTAL $13,539 • TOTAL COST ESTIMATE $13,539 • • HAPROJECTSNIcCall Dr-Villard St Extension,McC ll-VRLvd scoping cst_03.10.2020