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Home My WebLink AboutNW 2nd S&W Casings with NMIDADA COUNTY RECORDER Christopher D. Rich 2016-010065 BOISE IDAHO Pgs=11 NIKOLA OLSON 02/05/2016 09:50 AM NAMPA MERIDIAN IRRIGATION DIST NO FEE 1111111111111111111111111111111III Iilll11111it III 00191181201600100650110118 PROJECT AGREEMENT This PROJECT AGREEMENT, made and entered into this rn;,l day of }tlg�,_ 2016, by and between NAMPA & MERIDIAN IRRIGATION DISTRICT, an irrigation di�t organized and existing under and by virtue of the laws of the State of Idaho, party of the first party, hereinafter referred to as the "District," and THE CITY OF MERIDIAN, a political subdivision and municipality of the State of Idaho, 33 East Broadway Avenue, Meridian, Idaho 83642 party or parties of the second part, hereinafter referred to as the "City," WITNESSETH: WHEREAS, the parties hereto entered into a Master Agreement entered into March 18, 2014 and recorded as Instrument No. 114029168 in the records of Ada County, Idaho, hereinafter referred to as the "Master Agreement;" and, WHEREAS, the District and the City intended by entering the Master Agreement to establish a process for the City's submission of encroachment proposals and the District's consideration of such proposals and to provide the general conditions for the District's approval and permission of encroachment proposals affecting the District's ditches, property, operations and maintenance; and, WHEREAS, the City is the owner of the real property/ right of way (burdened with the easement of the District hereinafter mentioned) particularly described in the "Legal Description" attached hereto as Exhibit A and by this reference made a part hereof; and, WHEREAS, the District controls the irrigation/drainage ditch or drain known as the Hunter Lateral (hereinafter referred to as "ditch or drain") together with the real property and/or easements to convey irrigation and drainage water, to operate and maintain the ditch or drain, and which crosses and intersects said described real property of the City as shown on Exhibit B attached hereto and by this reference made a part hereof, and, WHEREAS, the City seeks permission to construct, install and maintain a sewer and water line across and under the Hunter Lateral and within the District's easement for the Hunter Lateral and to remove and replace two sections of the previously piped Hunter Lateral as part of the construction and installation of the above -referenced water and sewer lines under the terms and conditions of said Master Agreement and those hereinafter set forth, PROJECT AGREEMENT Page 1 of 6 NOW, THEREFORE, for and in consideration of the premises and of the covenants, agreements and conditions hereinafter set forth and those set forth in said Master Agreement, the parties hereto agree as follows: 1. City may conduct, construct, operate, replace and maintain a sewer and water line across and under the Hunter Lateral andwithin the District's real property and/or easement for the Hunter Lateral and as part of said construction to also remove and replace two sections of the existing 24" RCF in the Hunter Lateral, all within the City's right-of-way, located in the road right of way for NW 2nd Street (north of the intersection of NW 2nd Street and W. Pine Avenue) in Meridian, Ada County, Idaho as shown in the attached project plans stated as Exhibit B-1. 2. Any construction or crossing of said ditch or drain shall be performed in accordance with the project plans shown in Exhibit B-1 and the "Special Conditions" stated in Exhibit C, attached hereto and by this reference made part thereof. 3. The parties hereto incorporate in and make part of this Project Agreement all the covenants, conditions, and agreements of said Master Agreement unchanged except as the result of the provisions of this Project Agreement. The covenants, conditions and agreements herein contained and incorporated by reference shall constitute covenants to run with, and running with, all of the lands of the City described in said Exhibit A, and shall be binding on each of the parties hereto and on all parties and all persons claiming under them or either of them, and the advantages hereof shall inure to the benefit of each of the parties hereto and their respective successors and assigns. END OF TERMS - SEE FOLLOWING PAGES FOR SIGNATURES PROJECT AGREEMENT Page 2 of 6 IN WITNESS WHEREOF, the District has hereunto caused its corporate name to be subscribed by its officers first hereunto duly authorized by resolution of its Board of Directors and the City has hereunto subscribed its corporate name to be subscribed and its seal to be affixed thereto, all as of the day and year herein first above written. NAMPA & MERIDIAN IRRIGATION DISTRICT ®FF/CIL Z Y s President ATTEST: Its Secretary THE CITY OF MERIDI N By Its �/CiI•U¢ Su�t�` G�/��L.. r�z7��'is1�� ATTEST: PROJECT AGREEMENT Page 3 of 6 STATE OF IDAHO ) ss: County of Canyon ) On this –c2— day of , 2016, before me, the undersigned, a Notary Public in and for said State, personally appeared Donald Barksdale and Daren Coon, 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. % U/ y m °p° ,OTA V ° `°(✓BL`C' o 00 STATE OF IDAHO )f ' i i �OF ss: County of ) Notary Public fo�'�� Residing at��`" Tj) My Commissi h Expires: o \ w c On this _— day of ; 2016, before me, the undersigned, a Notary Public in and for said State, personal y appeare3�bauja DLt\&S and ---^ known to me to be theca ,��a b ,, respectively, of The CITY OF MERIDIAN, he entity that executed the foregoing instrument and acknowledged to me that such entity 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. ►`i'�1T-�l 1 PROJECT AGREEMENT Page 4 of 6 L't� Notary Public for ' Residing at My Commission Expires yq r EXHIBIT A Legal Description The City's right of way for the sewer and water lines are located within the road right of way for NW 2nd Street (north of the intersection of NW 2nd Street and W. Pine Avenue) in Section 12, Township 3 North, Range I East, B.M., Ada County, Idaho. EXHIBIT B Crossing Location See Exhibit B-1 attached hereto. EXHIBIT C Special Conditions a. Construction of the sewer and water line shall be in accordance with Exhibit B-1, attached hereto and by this reference made a part hereof. Construction authorized herein includes the installation of steel casings/sleeves prior to March 15, 2016 and then the subsequent installation of the sewer and water lines within one year of the date of this Agreement. Construction authorized herein also includes the removal and replacement of the existing 24" RCP for the Hunter Lateral, which is located within the road right-of-way for NW 2nd Street, as part of the installation of the steel casings/sleeves for the sewer and water lines. b. City shall notify the water superintendent of the District prior to and immediately after construction so that he or the District's engineers may inspect and approve the construction. More specifically, the City shall notify the District at the time the pipe for the Hunter Lateral is exposed and removed so that the District's superintendent or engineer may be on site to inspect and approved the repair and replacement of the Hunter Lateral piping to ensure the tightness and integrity of the pipeline. C. The pipe, installation, and backfill shall, at a minimum, meet the requirements of the District and standard specifications for such materials and construction, as set forth in the Idaho standards for public works construction or other standards recognized by the city or county in which the pipe is to be placed. d. City shall guarantee materials and workmanship associated with the Hunter Lateral where the pipe has been replaced pursuant to this Agreement for a period of two years after the final acceptance of construction, and shall be responsible for any repair associated with defective materials or workmanship for the same period including rehabilitation or replacement of the ditch or drain or pipe. Maintenance and repairs shall include, but not be limited to, all repairs necessary to preserve the structural integrity of the ditch or drain and unobstructed flow of water through such portion of the ditch or drain and prevent the toss of water from the portion of the ditch or drain. If the City shall fail in any respect to properly maintain and repair such portion of the ditch or drain, then the District, at its option, and without impairing or in anyway affecting its other rights and remedies hereunder, shall have the right to perform the necessary maintenance and repairs and the City agrees to pay to the District, on demand, the cost or expense which shall be reasonably expended or incurred by the District for such purposes. PROJECT AGREEMENT Page 5 of 6 The District shall give reasonable notice to the City prior to the District's performing such maintenance, repair or other work except that in cases of emergency the District shall attempt to give such notice as reasonable under the circumstances. Nothing in this paragraph shall create or support any claim of any kind by the City or any third party against the District for failure to exercise the options stated in this paragraph. e. City acknowledges that the District's easement for the Hunter Lateral includes a sufficient area of land to convey irrigation and drainage water, to operate, clean, maintain and repair the Hunter Lateral, and to access the Hunter Lateral for those purposes, and that, in the location of the City's project, NMID claims a minimum easement dimension for the Hunter Lateral of 40 feet, 20 feet to either side of the centerline. f Construction of the sleeves or steel casings, including the replacement of the pipe for Hunter Lateral, authorized by this Agreement shall be completed prior to March 15, 2016. All other construction, including installation of the sewer and water lines in the steel casings/sleeves, shall be completed within two years of the date of this Agreement. Time is of the essence. g. The duration of the permission granted by this Project Agreement shall be in perpetuity, for the life and maintenance of the encroachments including construction, operation, maintenance, repair and reconstruction. END OF SPECIAL CONDITIONS PROJECT AGREEMENT Page 6 of 6 is cracu ari0i�i,ipium GNISVO H31VM aNV N3AA3S arou nrmaln s so -ac EMOAUHIM afm adv S333M ON3 OULMSMOD 'I H31V'I HUM" a 133tl1S aNZ MN oxz 'SINVIVISMOO aanxns UAID NVIa3Yi3W d0 AlIJ U AFS�S� j tl D. c BC x Soe I'l I X 9e� ) wtSry `o o y.,9;" J �ijl li Ml 319V r ., - C .y'. CRI.. 3AO�l lsnoo-i z 2 I= 0 iii 0 No m mmm m r LL aa NVIGI 3w H Z Z 0 cracu ari0i�i,ipium GNISVO H31VM aNV N3AA3S arou nrmaln s so -ac EMOAUHIM afm adv S333M ON3 OULMSMOD 'I H31V'I HUM" a 133tl1S aNZ MN oxz 'SINVIVISMOO aanxns UAID NVIa3Yi3W d0 AlIJ U AFS�S� j tl D. c BC x Soe I'l I X 9e� ) wtSry `o o y.,9;" J �ijl li Exhibit B-1 , Page 1 U W ow � CO 2 Ml 319V - C .y'. 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