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AMENDMENT TO AGREEMENT FOR JOINT DEVELOPMENT, USE, MAINTENANCE AND ADMINISTRATION OF MOSCOW SCHOOL DISTRICT PROPERTY AT JOSEPH STREET THIS AMENDMENT TO AGREEMENT FOR JOINT DEVELOPMENT, USE, MAINTENANCE AND ADMINISTRATION OF MOSCOW SCHOOL DISTRICT PROPERTY AT JOSEPH STREET (hereinafter "Amended Agreement") is entered into this ¼day of d , 2014 by and between Moscow School District No. 281, a body corporate and politic of the State of Idaho (hereinafter "District") and City of Moscow, a municipal corporation of the State of Idaho (hereinafter "City"). W I T N E S S E T H : WHEREAS, the District and City entered into the intergovernmental Agreement on the 27th day of August, 2013; and WHEREAS, the District put out to bid the contract for construction of the ballfields on the 81h day of May, 2014; and WHEREAS, the bid opening was held on the 1st day of April, 2014 with the results of the bids coming in four hundred ninety two thousand six hundred eighty nine dollars ($492,689) higher than the District and City had budgeted; and WHEREAS, the District and City desire to develop the ballfields as much as possible in conformity to the original concept and design; and WHEREAS, the parties agreed the City is to pay seventy five percent (75%) of the additional costs and the District is to pay twenty five percent (25%) of the additional costs; and WHEREAS, the parties agree to extend the term of the Agreement from thirty (30) years to fifty (50) years; and WHEREAS, City and District held a Joint Special Meeting on the 161h day of April, 2014 and City and District agreed to amend the Agreement to take into account the additional costs to construct the ballfields and extend the term of the Agreement; NOW THEREFORE, the District and the City mutually agree to the following amendments to the Agreement: AMENDMENT TO AGREEMENT FOR JOINT DEVELOPMENT, USE, MAINTENANCE AND ADMINISTRATION OF JOSEPH STREET FIELDS - 1 20\ - 55" ---PAGE BREAK--- ARTICLE I DUTIES OF THE PARTIES In furtherance of the foregoing recitals and statements, the duties of the parties shall be as follows: A. Duties of the District. The District shall: . . . 3. Provide up to One Million Six Hundred Twenty Three Thousand One Hundred Seventy Two and 25/100 Dollars ($1,623, 172.25) for the design and construction of the Joseph Street Fields, as described herein. . . . B. Duties of the City. The City shall: . . . 3. Provide up to One Million Eight Hundred Sixty Nine Thousand Five Hundred Sixteen and 75/100 Dollars ($1,869,516.75) to the District for the design and construction of the Joseph Street Fields, as approved herein. Such funding shall be provided as designated herein. . . . ARTICLE II THE PROJECT B. Development. Cost Sharing. The costs of design and construction services for the Project shall not exceed Three Million Four Hundred Ninety Two Thousand Six Hundred Eighty Nine Dollars ($3,492,689). The District shall contribute up to, and shall not exceed, One Million Six Hundred Twenty Three Thousand One Hundred Seventy Two and 25/100 Dollars ($1,623, 172.25) and the City shall contribute up to, and shall not exceed, One Million Eight Hundred Sixty Nine Thousand Five Hundred Sixteen and 75/100 Dollars ($1,869,516.75). ARTICLE III TERM AND COMPLIANCE WITH JOINT EXERCISE OF POWER ACT In compliance with the Joint Exercise of Power Act (Idaho Code§ 67-2328), the District and the City agree as follows: A. Duration. The duration of this Amended Agreement shall be Fifty (50) years from the date of completion of Project construction. • • • AMENDMENT TO AGREEMENT FOR JOINT DEVELOPMENT, USE, MAINTENANCE AND ADMINISTRATION OF JOSEPH STREET FIELDS - 2 ---PAGE BREAK--- ARTICLE IV PLANNING, FINANCING AND NEGOTIATIONS . . . B. Financing. . . . 1. Project Design and Construction b. Financial Participation. The District and the City shall share the costs of design and construction of the Project in accordance with Article I A.3. and Article I B.2. of this Amended Agreement. Such participation shall be accomplished according to the following procedure: After the adoption of the budget described in Article IV B.1.a., the District shall expend funds from such budget in accordance with the terms of this Amended Agreement. Requests for payment shall be submitted to the District Business Manager. The District Business Manager will review the request for payment and after verifying that such request for payment is appropriate, will submit the request for payment to the ARC for approval. After the ARC approves the expenditure, the District Business Manager will submit a request for payment to the City for One-half (1/2) of the amount to be expended for the originally budgeted Three Million Dollars ($3,000,000). Any amount requested after the Three Million Dollars ($3,000,000) will be paid as follows: The City will pay three fourths (3/4) or seventy five percent (75%) of the amount over Three Million Dollars ($3,000,000) expended, up to the total amount agreed upon by the parties of Four Hundred Ninety Two Thousand, Six Hundred Eighty Nine Dollars ($492,689). City's portion shall be up to, and not to exceed, Three Hundred Sixty Nine Thousand Five Hundred Sixteen and 75/100 Dollars ($369,516.75). The District will be responsible for one fourth (1/4) or twenty five percent (25%) of the Four Hundred Ninety Two Thousand, Six Hundred Eighty Nine Dollars ($492,689), up to, and not to exceed, One Hundred Twenty Three Thousand One Hundred Seventy Two Dollars ($123,172). The City, upon receiving such request for payment, shall remit the requested amount to the District within 14 days. . . . ARTICLE V. GENERAL PROVISIONS I. Complete Agreement. This Amendment will become part of the referenced Agreement when executed by both parties, and constitutes the entire expression of intent and/or agreement of the parties in relation to the design, construction, administration and maintenance of the Joseph Street Fields and supersedes all prior agreements or understandings, written or oral, with respect thereto. AMENDMENT TO AGREEMENT FOR JOINT DEVELOPMENT, USE, MAINTENANCE AND ADMINISTRATION OF JOSEPH STREET FIELDS - 3 ---PAGE BREAK--- IN WITNESS WHEREOF, District and City, by and through their respective officials designated below, have caused this Amended Agreement to be executed on the date and year first above written. MOSCOW SCHOOL DISTRICT NO. 281 CITY OF MOSCOW By:& B.ill Lambert, Mayor Dawn Fazio, Chair.» oard of Trustees AMENDMENT TO AGREEMENT FOR JOINT DEVELOPMENT, USE, MAINTENANCE AND ADMINISTRATION OF JOSEPH STREET FIELDS - 4 ---PAGE BREAK--- I - EXHIBIT AMENDMENT TO AGREEMENT FOR JOINT DEVELOPMENT, USE, MAINTENANCE AND ADMINISTRATION OF JOSEPH STREET FIELDS - 5 ---PAGE BREAK--- EXHIBIT AMENDMENT TO AGREEMENT FOR JOINT DEVELOPMENT, USE, MAINTENANCE AND ADMINISTRATION OF JOSEPH STREET FIELDS - 6