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HomeMy WebLinkAboutPark Committee Minutes 12.02.1993 • PARK COMMITTEE THURSDAY, DEC. 2, 1993 Attending: Gay Easton, Lonnie Kellogq, Emelie Eaton, Donna Kilpatrick. chairman. Others: Dave Michael Gay moved, Emelie seconded that we accept the Memorandum of Agreement between the City of Laurel and Pacific Northwest Investors, Inc. (PNI) concerning a dedicated park land in the Village Subdivision. Motion carried. Questions included 1.)what kind of watering system is planned for the park? 2.) what kind of grass will be planted? and 3.) is there a plan for the work to be done other than the colored map we have already received. Also is the $5,000 an adequate amount to complete the is project if for some reason the city has to assume its completion? Gay announced the second Aviation Week will be held in Laurel during the week of April 22, 1994. Some portion of the Thomson Park will be needed and the park committee will be contacted as the time draws nearer. The meeting adjourned at 5:39 P.M. ctively sub i ted, Res Donna a Kilpatrick, c airman C7 MEMORANDUM OF AGREEMENT This Memorandum of Agreement is entered into between the City of Laurel (Laurel), apd • Pacific Northwest Investors, Inc. (PM). The circumstances giving rise to this agreement are: RECITALS 1. The City of Laurel received a dedication of park land upon the platting of the various phases of Village Subdivision. The City has not had the funds available to develop the park dedication into a useable park area. 2. The park area is bordered by the Nutting Drain Ditch, the banks of which are precipitous. The material forming the ditch bank needs to be removed.in order to build a walk- out ditch bank for safety reasons. The park land is burdened by pit run gravel which needs to be removed in order to shape the park into a useable area. 3. PNI has land available upon which to place the spoils which will result from park development, and desires to see the park developed in order to provide a play area for the residents at Alder Ridge located at Village Subdivision. PNI has some equipment which can be used for removing the overburden of soil and gravel in order to shape the park, and is willing to expend funds as they become available to develop the park 4. Laurel desires to see the park developed into a useable play area and is willing to S allow PNI to work on the park area, according to the terms set forth in this Memorandum. 5. PNI understands that Sante Fe drive is a dedicated street which passes through the park area and may be developed as a street at some future date. NOW, THEREFORE, IT IS AGREED: 1. Preservatrorz of topsoil. PNI will scrape, store, and stockpile the top six inches of topsoil before removing and/or shaping the underlying materials. This topsoil will be stored in a manner so as to preserve it for later use. When the shaping is complete, PNI will re-spread the topsoil to prepare a seed bed. 0 2. Ditch Bank-1 PNI shall remove sufficient material from the ditch bank so as to provide a gentle, sloping ditch bank which will allow for a higher degree of safety than the ex4sting natural bank. PNI may, in reshaping the bank, reroute the channel of the Nutting drain in a northerly direction so as to improve the contour of the south bank of the ditch. PNI understands that it may be liable for any flooding arising from PNI's work in re routing the ditch or changing the bank. 3. Order of construction: PNI shall follow the following order of construction in the areas, where it works: A. First, stockpile topsoil. B. Second, remove excess material in order to contour. C. Restore topsoil. D. Design and provide adequate irrigation. E. Establish grass. F. After the completion of items A through E in all areas disturbed by PNI, PNI shall construct an adequate crossing across the Nutting drain for pedestrian traffic. 4. Future maintenance: The City expressly does not undertake to maintain the park area once it is reseeded to grass following shaping. PNI understands that it has a duty pursuant to this agreement to re-establish vegetation on all disturbed soil. If PNI desires maintenance in the park area, it shall furnish that maintenance. 5. Performance bond and time for completion: PNI shall complete the work as described in paragraph 3 within 50 months of the time that this agreement is executed. At the time of execution of this agreement, PNI shall deposit with Laurel $5,000.00 in cash or negotiable securities. In the event that PNI fails to complete the work described in paragraphs A through F within the 50-month time period provided, the City of Laurel shall be entitled to utilize that portion of the $5,000.00 deposit as is required by the City of Laurel to complete the work. If the entire sum is not required to complete the work, the,unused portion 2 shall be returned to PNL In the event cash is deposited with the City of Laurel, rather than an interest bearing AD negotiable instrument, the City of Laurel shall invest the cash at interest. It is agreed that PNI may use a negotiable bond payable to bearer or a certificate of deposit payable to the City of Laurel and PNI as deposits. 6. Scope of the work: This agreement shall be interpreted by the parties in light of this statement of scope of the intended work The purpose of the work is to create a useable playing area for recreation for children while mitigating the hazard presented by the Nutting drain. The parties intend to .accomplish the purpose of the work in the most cost effective manner possible, and will not impose upon one another the duty to create detailed plans and specifications to describe the work. PNI shall consult with Laurel's City Engineer in performing the work and in the placement and construction of the foot bridge so that both parties are well-apprised of the progress of the work and the manner in which it is being accomplished. DATED this day of , 1993 CITY OF LAUREL, MONTANA MAYOR, CITY OF LAUREL ATTEST: City of Laurel Clerk DATED this day of 1993. PACIFIC NORTHWEST INVESTORS, INC. MIKE SIMONS, President 3