HomeMy WebLinkAboutBlow Off Assembly Agreement with Ada County Highway District ACHD for Usick, Locust Grove to Leslie Widening Project CITY OF MERIDIAN
33 E. BROADWAY AVENUE, SUITE 200
MERIDIAN, IDAHO 83642
BLOW-OFF ASSEMBLY AGREEMENT
Project: Water and Sewer Improvements in coordination with ACHD Ustick Road- Locust
Grove to Leslie Project, herein called"the Project".
THIS AGREEMENT, made this 3Oth day of July, 2014, between
the City of Meridian, an Idaho Municipal Corporation,/herein called "City" and Green
Village Development, Inc, an Idaho Corporation herein called"Property Owner".
WHEREAS, Property Owner requested the installation of water and sewer service stubs
to the Heritage Grove Subdivision in conjunction with ACHD Project No. 310017; and
WHEREAS the 8" water service stub at station 13+52 along Ustick Road was installed
according to the approved plans; and,
WHEREAS Property Owner requested that ACHD install the sidewalk along Ustick
Road not according to the approved plans, but further back from the roadway, causing it
to cover the blow-off valve already installed according to plan; and,
WHEREAS if the relocation of the blow-off valve were to be done as a change order to
project No 310017 it would be at Property Owner's expense, and Property Owner would
be required to provide an easement for the maintenance of the valve, as it would no
longer be entirely in the right-of-way; and,
WHEREAS Property Owner plans to develop the subdivision in the near future, and use
of the blow-off will not be required if the subdivision develops, and a main line is
attached to water service stub within three years, it is mutually beneficial to both parties
if the valve remains in its current location until the property develops, if development
occurs within three years.
Now therefore, the parties agree as follows:
1. The City agrees to allow the blow-off valve on the 8" water stub to Heritage Grove
Subdivision, at station 13+52 along Ustick Road, to remain underneath the
sidewalk, with the understanding that the Property Owner will uncover the 8" stub
and connect to it within the next three years from the date of this agreement.
2. If the development does not occur and this valve remains buried after three years
from the date of this agreement, the property owner agrees to have the blow-off
valve assembly uncovered, extended behind the sidewalk, and raised to grade at
the Property Owner's expense, within 42 months of the execution of this
agreement. The Property Owner shall also provide the City with an easement
appropriate for maintenance of the blow-off valve and water service stub.
3. In the event that Property Owner fails or neglects to perform its obligations under
Revised 7/1/2014
the terms and provisions of this Agreement in the time and manner required
herein, City shall be entitled to all remedies available at law or in equity.
4. This Agreement shall be recorded in the Official Real Property Records of Ada
County, Idaho.
5. This Agreement shall be binding upon and inure to the benefit of the parties
hereto and their heirs, successors and assigns, and shall survive any transfer by
Property Owner
IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their
duly authorized officers the day and year first above written
GREEN VILLAGE DEVELOPMENT,INC
An Idaho Corpor, ion
By: /:.,,it/
Tucker Joh .on
Principal
STATE OF IDAHO )
)
County of Ada )
On this 3 day of Jay , 20 /i/, before me, the undersigned, a notary public, 1
personally appeared Tucker Johnson, known or identified to me to be an authorized
signatory of the Corporation that executed the instrument or the person who executed the
instrument on behalf of said Corporation and acknowledged to me that such Corporation
executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
' Nf ARY PUBLIC FOR IDAHO
�IrrH
STATE OF IDAHO y Residing at: Ws gcv" , €.7''NOTARY PUBLIC Commission Expires: j/— ZZ /y
Revised 7/1/2014
CITY OF MERIDIAN
010SED AUcosOT
Tammy de- +eerd, Mayor City of
of/ E IDIAN -
mDAMD
1
Attest': F aycee L. o . , arty Clerk Q°arae TxFASUA`'°
Approved By City Council On: Si ) I I 3t
STATE OF IDAHO )
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County of Ada )
On this f day of vcwSk" , 201 &\ , before me, the undersigned, a
Notary Public in and for said State, personally appeared TAMMY DE WEERD and
Jam --acne - . 0 known to me to be the Mayor and City Clerk, respectively, of
the City of Meridian, Idaho, and who executed the within instrument, and acknowledged
to me that the City of Meridian executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
g 1,
NOTARY PUIC FO' IDAHO
(SEAL) Residing at: I / b
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.�••• HE 1,1,.1,1, Commission Expires: So�C]
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Revised 7/1/2014