HomeMy WebLinkAboutBlack Cat Sewer Trunk with NMIDADA COUNTY RECORDER Christopher D Rich 2017-001025
BOISE IDAHO Pgs=11 VICTORIA BAILEY 01/05/2017 08:56 AM
NAMPA & MERIDIAN IRRIGATION NO FEE
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PROJECT AGREEMENT
This PROJECT AGREEMENT, made and entered into this 4 day of
, 9-0,r , 2016, by and between NAMPA & MERIDIAN IRRIGATION DISTRICT, an
irrigation district 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
Ridenbaugh Canal (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 line
across and under the Ridenbaugh Canal and within the District's easement for the Ridenbaugh
Canal and to concrete line a portion of the Ridenbaugh Canal where said sewer line is installed as
part of the construction and installation of the above -referenced sewer line 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 line across
and under the Ridenbaugh Canal within the District's real property and/or easement for the
Ridenbaugh Canal and as part of the construction and installation of the above -referenced sewer
line to concrete line the portion of the Ridenbaugh Canal where said sewer line is installed, all
within the City's right-of-way for the Black Cat Trunk Sewer Project Phase 5, located in near the
intersection of Victory Road and Highway 69 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
OFFICIAL oo By -
� 1 Co is P sident
ATTEST:
Its Secretary
THE CITYOF L4N
By
Its i9s
ATTEST:
PROJECT AGREEMENT Page 3 of 6
STATE OF IDAHO )
ss:
County of Canyon )
On this -�4 day of l�.t , 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 ed my official seal, the
day and year in this certificate first above written. Z%
Residing at / ,
My Commission Expires: 1 O
i tp .r
STATE OF IDAHO 11111111110
) ss:
County of AA_A— }
Onthis_jZ dayofDeA[vA_ , 2016, before me, the undersigned, a Notary Public
in and for said State, personally appeared _ and
known to me to be theW\�,(M1„I M *MV t%. and , respectively, of
The CITY OF MERIDIAN, the 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.
PROJECT AGREEMENT Page 4 of 6
Notary Public for
Residing at ,
My Commission Expires: Vk0.Ao, at
cr
EXHIBIT A
Legal Description
The City's right of way for the sewer line is located on the east side of the Meridian
Roa/Highway 69, at or near the intersection of Victory Road and Highway 69 in the NW 114 of
Section 30, 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 line shall be in accordance with Exhibit B-1, attached
hereto and by this reference made a part hereof.
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.
C. As an express condition of allowing the construction and installation of the sewer
line authorized by this Agreement, the City agrees to concrete line a portion of the Ridenbaugh
Canal where said sewer line is installed pursuant to the plans attached hereto as Exhibit B-1. The
City also agrees that there is a pressure irrigation main of the District in the area where the City
will be constructing the sewer line and it may be necessary to perform maintenance and repairs to
said pressure irrigation line (it will not be known if said repairs to the pressure irrigation main are
necessary until the City commences construction). If such repairs are necessary, the City agrees
to notify the District's superintendent and to perform such repairs to the pressure irrigation main
as part of this Agreement. Such concrete lining and repair to the pressure irrigation mainline, if
necessary, are essential and material terms to this Agreement.
d. City shall guarantee materials and workmanship associated with the concrete
lining of the Ridenbaugh Canal and any repairs to the pressure irrigation mainline 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 concrete 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 loss 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 concrete and pressure irrigation pipe,
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. The District shall give reasonable notice
PROJECT AGREEMENT Page 5 of 6
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 Ridenbaugh Canal includes
a sufficient area of land to convey irrigation and drainage water, to operate, clean, maintain and
repair the Ridenbaugh Canal, and to access the Ridenbaugh Canal for those purposes, and that, in
the location of the City's project, NMID claims a minimum easement dimension for the
Ridenbaugh Canal of 100 feet, 50 feet to either side of the centerline.
f. Construction of the sewer line, including the concrete lining the Ridenbaugh
Canal and any repairs to the pressure irrigation main, authorized by this Agreement shall be
completed prior to March 15, 2017. 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
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