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Home My WebLink AboutAgreement with NMID for Partial Recission of Construction Contracts for Gordon Harris Park ADA COUNTY RECORDER Christopher D.Rich 2015-075558 BOISE IDAHO Pgs=4 NIKOLA OLSON 08/17/2015 02r4O3 PM FEE NAMPA MERIDIAN IRRIGATION DIST 111111111111111111111111 III1I'5J0t(' III II11 III PARTIAL RESCISSION OF CONSTRUCTION CONTRACTS FOR URBAN IRRIGATION PERTAINING TO GORDON HARRIS PARK 1. DEFINITIONS. In this Agreement certain words appear which have the following meaning: "Owner" means the City of Meridian, a municipal corporation, the current owner of the real property subject to this Rescission. "District"means Nampa& Meridian Irrigation District. "Rescission"means this written and signed Rescission entered into between the Owner and District. "Agreements" or "Prior Agreements" mean the written and signed Agreements(contracts)previously entered into pertaining to real property located in Kiwanis Park. 2. STATUTORY AUTHORITY. The Prior Agreements were made under the authority of Idaho Code § 43-330A through 43-330G. 3. PARK PROPERTY. Owner has developed a city park commonly known as Gordon Harris Park,fka,Kiwanis Park. Part of the park property includes lots that were included in the final plat of several subdivisions.Each of these subdivisions entered into a Prior Agreement with District for the operation, maintenance, repair and replacement of the pressurized irrigation system within the subdivisions. Owner now wants to exclude the lots which are part of Gordon Harris Park from the pressurized irrigation systems which were subject to the Prior Agreements. PARTIAL RESCISSION - Page 1 4. PRIOR AGREEMENTS. The Prior Agreements are as follows: a. Los Alamitos Park Subdivision No. 3. Farwest, L.L.C. and District entered into an Addendum to Construction Contract for Urban Irrigation System in Los Alamitos Park Subdivision No. 3 on the 15`h day of July, 1997, recorded on the 24th day of July, 1997 as instrument number 97058716 and Addendum to Construction Contract for Urban Irrigation System in Los Alamitos Park Subdivision No. 3 on the 2"d day of September, 1997, recorded on the 4th day of September, 1997 as instrument number 97072270. b. Thousand Springs Subdivision No. 5. Farwest, L.L.C. and District entered into an Addendum to Construction Contract for Urban Irrigation System in Thousand Springs Subdivision No. 1 to Include Thousand Springs Subdivision No. 5 on the 7th day of September, 1999,recorded on the 8`h day of September, 1999 in the records of Ada County, Idaho as instrument number 99089739. c. Gramercy Subdivision. Kenai Partners, LLC and District entered into a Construction Contract for Urban Irrigation System in Gramercy Subdivision No. 1 on the 6th day of February, 2007,recorded on the 12th day of February,2007 in the records of Ada County,Idaho as instrument number 107020167. 5. RESCISSION OF PRIOR AGREEMENTS. Owner and District hereby agree to rescind the Prior Agreements as to the following lots: a. Lot 10, Block 9, Los Alamitos Park Subdivision No. 3; b. Lot 57, Block 4, Thousand Springs Subdivision No. 5; c. Lot 8, Block 3, Gramercy Subdivision No. 1. No other lots within these subdivisions is affected by this Rescission. Owner shall assume all responsibility for the pressurized irrigation system within these lots effective the date of this Rescission. 6. NO LIABILITY. District shall have no liability whatsoever to Owner or any third party as a result of the Prior Agreements. Owner hereby agrees to defend, indemnify and hold District harmless from and against any and all claims,demands,actions,proceedings and judgments of any kind or nature, directly or indirectly, including reasonable attorney's fees and related costs, resulting from or in connection with the Prior Agreements or pertaining to the premises listed in Paragraph 4 herein. PARTIAL RESCISSION- Page 2 7. ASSESSMENTS. Owner will pay all pressurized irrigation assessments through the year 2010 as set forth in the Prior Agreements. 8. ENTIRE AGREEMENT.This Rescission contains the entire agreement between the parties hereto with respect to the subject matter of this Rescission. 9. GOVERNING LAW. This Rescission shall be construed under, and governed by, the laws of the State of Idaho. 10. BINDING EFFECT. This Rescission shall bind the parties hereto and their respective heirs, personal representatives, successors and assigns. 11. AUTHORIZATION OF SIGNATURE. Owner hereby warrants that the person signing this Addendum has been authorized to do so by Owner. 12, AMENDMENTS. Amendments to this Rescission shall be made only by written instrument executed by each of the parties hereto. IN WITNESS WHEREOF, the parties have hereunto caused their names to be subscribed this day of ,2015. \\ ()N3 s\-- ITYO ' ' : . . T de Weerd, Mayor 00011, � C City of G' I� ' '' DIAN�--- o 'City (P k - w % SEAL. , ORIGpT NAMPA & MERIDIAN IRRIGATION DISTRICT 'ON o IZ a By e('-'6( - - ..//Z t- � * ATTEST: 604dN �� 0,,_ c) tiri...-,-------N„ -----C2)--cs----- PARTIAL RESCISSION - Page 3 r1 "Do not pray for easy lives; pray to be stronger men. Do not pray for tasks equal to your powers; pray for powers e fa*TX3QU l it" ) Phillip Brooks ) ss: COUNTY OF Ada ) On this cj day of A)I l _ 2015,before me,the undersigned,a notary public in and for said state, personally appeared TAMMY DE WEERD and . cH(ee A--4(i r� Mayor and City Clerk of the City of Meridian,know to me to the Mayor and City Clerk of the City of Meridian that executed the foregoing 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 in this certificate first above written. Notary Public for the State oAdaho Residing at \`--le k ��cL^n , Idaho My commission expires: , STATE OF IDAHO ) ) ss: County of Canyon ) On this 11 day of \ \'___, 2015, before me, the ndersigned, a Notary Public in and for said State, personC��Y� ly appeared Q ,. yv,v t_ and Ji e,' , Lown ,known to me to be the President and Secretary,respectively, of NAMPA & MERIDIAN IRRIGATION DISTRICT, the irrigation district that executed the foregoing instrument and acknowledged to me that such irrigation district executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal,the day and year in this certificate first above written. eoNE ,G9gy��s •tary Public for> aho . V ,, �® Residing at �j'\S , Idaho I +OSARi 's , My Commission Expires: 1-A 4 �,9V-4Q ar St X '0UBt.PG , PARTIAL RESCISSION -Page 4 4 332 N. Bro Na pSte. a, daho83687 0 MORROW & FISCHER Fax 208.475.2201 ATTORNEYS AT LAW www.morrowfischer.com August 25, 2015 Jay A. Gibbons, PLA, ASLA Parks & Pathways Project Manager Meridian Par:. & ecreat;on 33 East Broadway Avenue, Suite 206 Meridian, ID 83642 Re: Partial Rescission of Construction Contracts for Urban Irrigation Pertaining to Gordon Harris Park Dear Mr Gibbons: Enclosed please find an executed and recorded copy of the Partial Rescission of Contract Contracts for Urban Irrigation Pertaining to Gordon Harris Park. Sincerely, IkAikAk Laura E. Burri leb • enclosure• George W. Breitsameter • Laura E. Burri • Julie Klein Fischer • William A. Morrow