HomeMy WebLinkAboutTemporary License Agreement with Ada County Highway District ACHD for Well 10 Flushing Station
Custom Electric for purchase and instillation of data collection at the WWTP for
$17,000 and authorize the Mayor to sign it.
Waterline Easement - Victory Road: Attached is a temporary construction easement and
permanent waterline easement for installation of waterline on Victory Road west of Meridian
Road. The cost for the easement is $1,000.
Recommended Council Action: The Public Works Department recommends
that City Council approve the easement with Burke P. Jones, John B.
Ferguson, Idaho Holdings LLC for $1,000 and authorize the Mayor to sign it.
< License Aareement with ACHD for Well 10 Flushina Station: Attached is a license
agreement with ACHD for installation of a discharge from Well 10 to storm drain on Willow
Brook Drive.
Recommended Council Action: The Public Works Department recommends
that City Council approve the License Agreement with ACHD for instillation of a
discharge line from Well 10 into an existing 27" storm drain and authorize the
Mayor to sign it.
License Aareement with Nampa Meridian Irriaation District for Flush Lines: Attached is a
license agreement with NMID for construction of flushing lines into five mile drain, nine mile
drain, and ten mile drain.
Recommended Council Action: The Public Works Department recommends
that City Council approve the License Agreement with NMID for construction of
flushing lines into Five Mile, Nine Mile, and Ten Mile Drains and authorize the
Mayor to sign it.
Thank you for your consideration. Please contact me if you have any qu~stions regárding
any of these items.
8 Page 2
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John S. Franden,
Sherry R. Huber, 1st Vice President
David Bivens, 2nd Vice President
Carol A. McKee, Commissioner
Rebecca W. Arnold, Commissioner
February 9, 2005
City Of Meridian
Mr. Lynn Grady
660 E Watertower Ln Suite 200
Meridian, Idaho 83642
Dear Mr. Grady:
Enclosed is the License Agreement you requested. Please sign the Agreement and return it to the Ada
County Highway District for signature.
Upon ACHD signature, a copy of the License Agreement will be returned to you.
Should you have any questions, please call me at 859-2675.
Sincerely,
~:;~UU~;/ ÁWJ
Jennifer Likes
Ada County Highway District
Enclosure
Ada County Highway District. 3775 Adams Street. Garden City, ID. 83714. PH 208 387 6100. FX.345-7650. www,achd,ada.id.us
Property Management No.
Street: Willow Brook Dr, Meridian
T.3N., R.1E., Sec. 6
TEMPORARY LICENSE AGREEMENT
THIS TEMPORARY LICENSE AGREEMENT (the "Agreement") is made and
entered into this - day of , 2005, by - and between the ADA
COUNTY HIGHWAY DISTRICT, a body politic and corporate of the State of Idaho,
hereinafter referred to as "ACHD" and CITY OF MERIDIAN, hereinafter referred to as
"Licensee";
WITNESSETH:
FOR GOOD AND SUFFICIENT CONSIDERATION IT IS AGREED:
SECTION 1. RECITALS.
1.1 ACHD owns and has exclusive jurisdiction over the public right-of-way
located in Ada County, Idaho, more particularly described and/or depicted on Exhibit "A"
attached hereto (the "Right-of-Way").
1.2 Licensee desires a license to use the Right-of-Way for the limited
purposes hereinafter set forth, and, for the consideration and on the terms and
conditions hereinafter set forth, ACHD is willing to extend such license to Licensee.
SECTION 2. LICENSE; LICENSE NOT EXCLUSIVE.
2.1 On the terms and conditions hereinafter set forth, ACHD hereby extends
to licensee a license on, over, across and under the Right-of-Way for the following
uses and purposes ("Authorized Use") and no others:
Licensee to construct and install a 60" manhole on the existing 27" storm
drain pipe in Willow Brook Dr and run a 12" PVC line from the manhole to the well
to flush the City of Meridian's municipal well #10 into the districts storm drain
facilities in Willow Brook Dr. The City will flush th4e welf into the district's
facilities once or twice a year for maintenance and quality control purposes.
Licensee to maintain and own the 12" PVC fine and the District will maintain and
own the new 60" manhole. Licensee to contact Digline Inc., prior to start of
construction and coordinate with the various utility companies. Any costs to
relocate utilities will be at the City's cost. Work to be completed prior to Summer
2005 due to ACHD to chipseal overlay for this area.
2.2 This Agreement does not extend to Licensee the right to use the Right-of-
Way to the exclusion of ACHD for any use within its jurisdiction, authority and discretion
LICENSE AGREEMENT - Page 1
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or of others to the extent authorized by law to use public right-of-way. If the Right-of-
Way has been opened as a public Highway (as used in the Agreement the term
"Highway" is as defined in Idaho Code § 40-109(5)) Licensee's Authorized Use is
subject to the rights of the public to use the Right-of-Way for Highway
purposes. Licensee's Authorized Use is also subject to the rights of holders of
easements of record or obvious on inspection of the Right-of-Way and statutory rights
of utilities to use the public right-of-way. This Agreement it is not intended to, and shall
not, preclude or impede the ability of ACHD to enter into other similar agreements in the
future allowing third parties to also use its public rights-of-way, or the ability of ACHD to
redesign, reconstruct, relocate, maintain and improve its public rights-of-way and
Highways as authorized by law and as it determines, in its sole discretion, is
appropriate.
SECTION 3. CONSTRUCTION. INSTALLATION OF IMPROVEMENTS. Any
construction and/or installation by Licensee of improvements, including, without
limitation, buildings, fixtures and landscaping (the "Improvements"), on, over, across
and. under the Right-of-Way shall be accomplished in accordance with designs, plans
and specifications approved in advance and in writing by ACHD as required to satisfy
applicable laws, its policies and good engineering practices. In approving such plans
and specifications, ACHD assumes no responsibility for any deficiencies or
inadequacies in the design or construction of the Improvements, and the responsibility
therefor shall be and remain in Licensee.
SECTION 4. TERM.
4.1 The term of this Agreement will commence on the - day of
, 2005, and will continue until terminated by either party, with or without
cause, which termination shall be effective following THIRTY (30) DAYS advance
written notice of termination given the other party.
4.2 If Licensee defaults in the performance of any obligations incumbent upon
it to perform hereunder ACHD may terminate this Agreement and the rights extended to
Licensee hereunder at any time, effective at the end of thirty (30) days following the
date ACHD shall provide written notice of termination to Licensee, which notice shall
specify such default(s). Licensee shall have such thirty (30) day period to correct and
cure the specified defaults, and if so corrected and cured, to the satisfaction of ACHD,
this Agreement shall not be terminated but shall continue in full force and effect.
SECTION 5. FEE. Throughout the term of this Agreement, Licensee agrees to pay
ACHD an annual fee for the Authorized Use of the Right-of-Way of $ WAIVED,
payable in advance. If this license is terminated under section 4 prior to the end of the
period paid for in advance, ACHD agrees to refund the unearned prorata portion of
such prepaid fee.
SECTION 6. MAINTENANCE: FAILURE TO MAINTAIN: RELOCATION OF UTILITIES.
LICENSE AGREEMENT - Page 2
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6.1 At its sole cost and expense, Licensee shall maintain the Improvements in
good condition and repair and as required to satisfy applicable laws, the policies of
ACHD and sound engineering practices. Licensee shall have access over, across and
under the Right-of-Way for the purposes of accomplishing such repair and
maintenance.
6.2
result of:
If the Highway on and/or adjacent to the Right-of-Way is damaged as a
(i) the performance by Licensee of the maintenance required by section 6.1,
or the failure or neglect to perform such maintenance; and/or
(ii) Licensee's design, installation or use of the Improvements, regardless of
cause;
at its sole cost and expense Licensee shall forthwith correct such deficiency and restore
the Highway and the surface of the Right-of-Way to the same condition it was in prior
thereto, and if Licensee shall fail or neglect to commence such correction and
restoration within twenty-four (24) hours of notification thereof, ACHD may proceed to
do so, in which event Licensee agrees to reimburse ACHD for the costs and expenses
thereof, including, without limitation, reasonable compensation for the use of staff and
equipment of ACHD.
6.3 Notwithstanding the provisions of section 6.2, should an emergency exist
related to the Licensee's use of this license which threatens the stability or function of
the Highway on or adjacent to the Right-of-Way or the safety of the public use thereof,
ACHD shall have the right to immediately perform, on behalf of, and at the cost of
Licensee necessary emergency repairs.
6.4 Licensee will be responsible for the relocation of any existing utilities
located on the Right-of-Way as may be required in connection with any construction or
installation of Improvements by Licensee in the Right-of-Way.
SECTION 7. RELOCATION OF IMPROVEMENTS. If during the term of this
Agreement ACHD requires, in its sole discretion, at any time, and from time to time, that
the Highway on and/or adjacent to the Right-of-Way be widened and/or realigned,
redesigned, improved and/or reconstructed, Licensee hereby accepts responsibility for
all costs for relocating, modifying or otherwise adapting the Improvements to such
realignment and/or relocation and/or reconstruction if required by ACHD, which shall be
accomplished by Licensee according to designs, plans and specifications approved in .
advance by ACHD in writing; provided Licensee may elect to terminate this Agreement
in lieu of complying with this responsibility, and further provided ACHD gives Licensee
adequate written notice as necessary to allow Licensee to redesign, relocate, modify or
adapt the Improvements to the realignment and/or relocation and/or reconstruction of
the Highway and also licenses Licensee such additional area of its right-of-way, if any,
as may be necessary for the proper operation of the Improvements.
LICENSE AGREEMENT - Page 3
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SECTION 8. PERMIT. If the proposed construction and installation of the
Improvements, or any reconstruction, relocation or maintenance thereof requires
Licensee to obtain a permit under ACHD policies, Licensee shall first obtain such permit
from ACHD (Construction Services Division) before commencing such work, and pay
the required fees and otherwise comply with the conditions set forth therein.
SECTION 9. NO TITLE IN LICENSEE. Licensee shall have no right, title or interest in
or to the Right-of-Way other than the right to temporarily use the same pursuant to the
terms of this Agreement.
SECTION 10. NO COSTS TO ACHD. Any and all costs and expenses associated with
Licensee's Authorized Use of the Right-of-Way, or any construction or installation of
Improvements thereon, or the repair and maintenance thereof, or the relocation of
Improvements or utilities thereon, or the restoration thereof at the termination of this
Agreement, shall be at the sole cost and expense of Licensee.
SECTION 11. TAXES AND ASSESSMENTS. Licensee agrees to pay all special
assessments and personal property taxes that may be levied and assessed on the
Improvements during the term of this Agreement. .
SECTION 12. RESTORATION ON TERMINATION. Upon termination of this
Agreement, Licensee will promptly remove all Improvements and restore the Right-of-
Way to at least its present condition. Should Licensee fail- or neglect to promptly
remove the Improvements and restore the Right-of-Way, ACHD may do so, and assess
Licensee for the costs thereof. Provided, ACHD and Licensee may agree in writing that
some or all of such Improvements are to remain on the Right-of-Way following
termination, and by entering into such an agreement Licensee thereby disclaims all
right, title and interest in and to the same, and hereby grants such Improvements to
ACHD, at no cost. Further provided, if the Authorized Use of the Right-of-Way under
this Agreement is for landscaping in ACHD right-of-way and the irrigation and
maintenance thereof, and the general purpose government with jurisdiction has
adopted ordinances, rules and regulations governing the landscaping and maintenance
of such right-of-way by owners of the adjacent property, to the extent such owners are
obligated to maintain and irrigate the landscaping Licensee need not remove the same
from the Right-of-Way.
SECTION 13. INDEMNIFICATION. Licensee hereby indemnifies and holds ACHD
harmless from and against any and all claims or actions for loss, injury, death,
damages, mechanics and other liens, arising out of the failure or neglect of Licensee,
Licensee's employees, contractors and agents, to properly and reasonably make
Authorized Use of the Right-of-Way or properly construct, install, plant, repair or
maintain the Improvements thereon, or that otherwise result from the use and
occupation of the Right-of-Way by Licensee, and including any attorney fees and costs
that may be incurred by ACHD in defense of such claims or actions indemnified against
by Licensee hereunder. For claims or actions arising out of failures or neglects
LICENSE AGREEMENT - Page 4
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G:\Wlllow Brook license egr.doc
occurring during the term of this Agreement Licensee's obligations pursuant to this
section shall survive the termination of this Agreement.
SECTION 14. COMPLIANCE WITH LAW: WASTE AND NUISANCES PROHIBITED.
In connection with Licensee's use of the Right-of-Way, throughout the term of this
Agreement Licensee covenants and agrees to: (i) comply and observe in all respects
any and all, federal, state and local statutes, ordinances, policies, rules and regulations,
including, without limitation, those relating to traffic and pedestrian safety, the Clean
Water Act and/or to the presence, use, generation, release, discharge, storage or
disposal in, on or under the Right-of-way of any Hazardous Materials (defined as any
substance or material defined or designated as hazardous or toxic waste, material or
substance, or other similar term, by any federal, state or local environmental statute,
regulation or occurrence presently in effect or that may be promulgated in the future);
(ii) obtain any and all permits and approvals required by ACHD or any other unit of
government; and (iii) commit no waste or allow any nuisance on the Right-of-Way.
Licensee covenants and agrees to indemnify and hold ACHD harmless from and
against any and all claims, demands, damages, liens, liabilities and expenses (including
without limitation, reasonable attorneys' fees), arising directly or indirectly from or in any
way connected with the breach of the foregoing covenant. These covenants shall
survive the termination of this Agreement.
SECTION 15. ASSIGNMENT. Licensee cannot sell, assign or otherwise transfer this
Agreement, the license herein extended, or any of its rights hereunder except with the
prior written consent of ACHD, which consent will not be granted unless the assignee
assumes all obligations, warranties, covenants and agreements of Licensee herein
contained.
SECTION 16. ATTORNEYS' FEES. In any suit, action or appeal therefrom to enforce
or interpret this Agreement, the prevailing party shall be entitled to recover its costs
incurred therein, including reasonable attorneys' fees.
SECTION 17. NOTICE. Any notice under this Agreement shall be in writing and be
delivered in person, or by United States Mails, postage prepaid, or by public or private
24-hour overnight courier service (so long as such service provides written confirmation
of delivery), or by facsimile verified by electronic confirmation.. All notices shall be
addressed to the party at the address set forth below or at such other addresses as the
parties may from time to time direct in writing by notice given the other. Any notice shall
be deemed to have been given on (a) actual delivery or refusal, (b) three (3) days
following the day of deposit in the United States Mails, (c) the day of delivery to the
overnight courier, or (d) the day facsimile delivery is electronically confirmed.
If to ACHD:
Ada County Highway District
3775 Adams Street
Garden City, Idaho 83714
Attn: Right of Way Division
LICENSE AGREEMENT - Page 5
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If to Licensee:
City of Meridian
Attn: Lynn Grady
660 E Watertower Ln Suite 200
Meridian, Idaho 83642
SECTION 18. SUCCESSORS AND ASSIGNS. This Agreement, the license herein
extended, and the covenants and agreements herein contained shall inure to the
benefit of and be binding upon the parties hereto and their successors and, if
consented to by ACHD under section 15, Licensee's assigns.
SECTION 19.- EXHIBITS. All exhibits attached hereto and the recitals contained herein
are incorporated herein as if set forth in full herein.
SECTION 20. NO RECORDATION. This Agreement shall not be recorded in the
Official Real Property Records of Ada County, Idaho.
SECTION 22. Warranty of Authoritv to Execute.
22.1 The person(s) executing this Agreement on behalf of ACHD represent(s)
and warrant(s) due authorization to do so on behalf of ACHD, and that upon execution
of this Agreement on behalf of ACHD, the same is binding upon, and shall inure to the
benefit of, ACHD.
22.2 If Licensee is not a natural person, the person(s) executing the Agreement
on behalf of Licensee represent(s) and warrant(s) due authorization to do so on behalf
of Licensee, and that upon execution of this Agreement on behalf of Licensee, the
same is binding upon, and shall inure to the benefit, of Licensee.
IN WITNESS WHEREOF, the undersigned have caused this Agreement to be
executed the day, month and year first set forth above.
ADA COUNTY HIGHWAY DISTRICT
Randy Lane, Right of Way Supervisor
CITY OF MERIDIAN
By:
Title:
LICENSE AGREEMENT - Page 6
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G:\Wlllow Brook license egr.doc
EXHIBITS:
Exhibit "A"-Description and depiction of Right-of-Way
LICENSE AGREEMENT - Page 7
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CITY OF MERIDIAN
WELL #10 BYPASS
INSTALL 8 LF 8"Ø PVC
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INSTALL 8" GATE VALVE. MJxFL
INSTALL 10" GATE VALVE, MJxFL
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INSTALL ~DAPTOR, MJxFL
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SUITE 101 MERIDIAN, IDAHO 83642
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EXHIBIT "A"
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CITY OF MERIDIAN
WELL #10 BYPASS
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SCALE: HORIZONTAL 1 "=20'
VERTICAL 1"=2'
PREPARED BY
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WELL #10 BYPASS
JERICHO WAY AND WILLOW BROOK DR
PROJECT: 04033 DESIGNED BY: CJP DRAWN BY: CJP
FILE:WELL ,O,PROFILLDWG OATE: JAN. 2005 SHEET: 7 OF '0
CIVIL SURVEY CONSULTANTS, INC CITY OF MERIDIAN
'00 SOUTH ADKINS WAY 66D E. WATERTOWER LN. STE. 200
SUITE '01 MERIDIAN. IDAHO 83642
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CITY OF MERIDIAN
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N.T.S.
PROJECT
WELL NO.1 D - BYPASS AND
CIVIL SURVEY CONSULTANTS, INC CITY OF MERIDIAN FLUSHING STATIONS AT VARIOUS SITES
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WELL NO. 10 BYPASS ANO
CIVIL SURVEY CONSULTANTS, - INC CITY OF MERIDIAN FLUSHING STATIONS AT VARIOUS SITES
100 SOUTH ADKINS WAY 660 E. WATERTOWER LN. STE. 200 BYPASS STRUCTURE
SUITE 101 MERIDIAN. 10AHO 83642 PROJECT: 04033 DESIGNED BY: CJP DRAWN BY: CJP
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PREPARED BY
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