The URL can be used to link to this page

Home My WebLink AboutC & O Development Inc. Agreement for Roundabout Pine and WebbAGREEMENT FOR ROUNDABOUT AT PINE STREET AND N. WEBB WAY THIS AGREF, 4ENT, FOR ROUND -ABOUT ("Agreement") is Made and entered into this 'Z1161 DAY of April, 2019, By and between C & O Development, Inc., an Idaho Corporation, hereinafter referred to as ("C & O") and THE CITY OF MERIDIAN, an Idaho municipal corporation ("Meridian"). WITNESSETH: WHEREAS, C & O has constructed a Round -About in the intersection of Pine Street and N. Webb Way in connection with the development of the Pine 43 Project which is depicted on the plans attached hereto as Exhibit "A"; and WHEREAS, Meridian has an existing sewer line and related improvements pursuant to existing easement agreements which provide sewer service for members of the public; and WHEREAS, the Round -about improvements were constructed by C & O over or around the sewer line and related improvements owned by Meridian; and WHREAS, Meridian is willing to grant its consent for the construction of the Round -about over its sewer line and related improvements, provided C & O agrees in writing that if it is reasonably necessary that the Round -about improvements be removed in order for Meridian or its contractors to maintain, repair or replace the sewer line and related improvements that the Roundabout can be removed and that Meridian shall have no obligation to restore or repair the removed monument improvements; and WHEREAS, C & O is willing to agree to the foregoing in exchange for Meridian's consent to the construction of the Round -about improvements. NOW THEREFORE, Meridian hereby gives its consent to the construction of the Round —about as proposed by C & O and depicted in the plans attached hereto as Exhibit "A" in consideration of C & O hereby agreeing that in the event it becomes reasonably necessary in the future for Meridian to maintain, repair or replace its sewer line and related improvements over which the foregoing Round -about has been constructed, that such improvements can be removed by Meridian or its contractors without any liability whatsoever of Meridian to C & O and that any and all costs, expenses and related charges associated with the repair or replacement of the Round- about shall be borne solely by C & O, home owner or property owner associations or their assigns and the property owners of the land shown and described on Exhibit `B" attached hereto. This Agreement is binding upon the parties' successors and assigns. In the event litigation must be instituted in order to enforce the terms hereof, the prevailing party in such litigation shall be entitled to an award of reasonable costs and attorney's fees. Agreement —page 1 IN WITNESS WHEREOF, the undersigned have duly executed this Agreement effective as of the day and year first above written. C&O: C & O Development, Inc. c. Dennis M. Baker, President MERIDIAN; THE CITY OF MERIDIAN By: Tammy de Weer 7Mayor Approved by Council on: !_ of-'\ 2. 1CM ¢QORgTFDAG ��GO rGsT l ATTEST: _ LOf 5 C. Jay oles, Meridian City Clerk _ IDIA / o4MN� i T Ci ��EASURE Agreement- page 2 STATE OF IDAHO ) )SS. County of Ada ) On this c� It day of In, ap4:,h, , 2019, before me the undersigned, personally appeared Dennis M. Baker, know or identified to me to be the President of C & O Development, Inc. and the person who executed the instrument on behalf of said corporation and acknowledged to me that such corporation executed the same. SUBSCRIBED AND SWORN TO Beforeune4his day of 2019. I � OF STATE OF IDAHO ) ) SS. County of Ada ) On this 2nd day of A j) , 2019, before me the undersigned, personally appeared Tammy De Weerd, known or identifies to me to be the Mayor of The City of Meridian, the Idaho municipal corporation that executed the instrument or the person who executed the instrument on behalf of said municipal corporation, and acknowledged to me that such municipal corporation executed the same. � SUBSCRIBED AND SWORN TO Before me this day of , 2019. CHARLENE WAY COMMISSION 0673W NOTARY PUBLIC STATE OF IDAHO MY COMMISSION EXPIRE&3/2= Agreement- page 3 C a)l! M- W0-4- Notary Public for Idaho Residing at _ Let Cly -, Idaho My Commission Expires: 3- a2 - ao a a p'TAR.Y •'!`� Notary Pu��tc for Idaho S �►•�' Residing at: Nampa, Idaho My Commission Expires: 10/28/2023 On this 2nd day of A j) , 2019, before me the undersigned, personally appeared Tammy De Weerd, known or identifies to me to be the Mayor of The City of Meridian, the Idaho municipal corporation that executed the instrument or the person who executed the instrument on behalf of said municipal corporation, and acknowledged to me that such municipal corporation executed the same. � SUBSCRIBED AND SWORN TO Before me this day of , 2019. CHARLENE WAY COMMISSION 0673W NOTARY PUBLIC STATE OF IDAHO MY COMMISSION EXPIRE&3/2= Agreement- page 3 C a)l! M- W0-4- Notary Public for Idaho Residing at _ Let Cly -, Idaho My Commission Expires: 3- a2 - ao a a Meridian City Council Meeting Agenda April 2, 2019 – Page 228 of 395 Meridian City Council Meeting Agenda April 2, 2019 – Page 229 of 395 Meridian City Council Meeting Agenda April 2, 2019 – Page 230 of 395 Meridian City Council Meeting Agenda April 2, 2019 – Page 231 of 395 Meridian City Council Meeting Agenda April 2, 2019 – Page 232 of 395 Meridian City Council Meeting Agenda April 2, 2019 – Page 233 of 395 Meridian City Council Meeting Agenda April 2, 2019 – Page 234 of 395 Meridian City Council Meeting Agenda April 2, 2019 – Page 235 of 395 Meridian City Council Meeting Agenda April 2, 2019 – Page 236 of 395 Meridian City Council Meeting Agenda April 2, 2019 – Page 237 of 395 Meridian City Council Meeting Agenda April 2, 2019 – Page 238 of 395 Meridian City Council Meeting Agenda April 2, 2019 – Page 239 of 395 Meridian City Council Meeting Agenda April 2, 2019 – Page 240 of 395 Meridian City Council Meeting Agenda April 2, 2019 – Page 241 of 395 Meridian City Council Meeting Agenda April 2, 2019 – Page 242 of 395 Meridian City Council Meeting Agenda April 2, 2019 – Page 243 of 395 Meridian City Council Meeting Agenda April 2, 2019 – Page 244 of 395 Meridian City Council Meeting Agenda April 2, 2019 – Page 245 of 395 Meridian City Council Meeting Agenda April 2, 2019 – Page 246 of 395 Meridian City Council Meeting Agenda April 2, 2019 – Page 247 of 395 Meridian City Council Meeting Agenda April 2, 2019 – Page 248 of 395 Meridian City Council Meeting Agenda April 2, 2019 – Page 249 of 395 Meridian City Council Meeting Agenda April 2, 2019 – Page 250 of 395 Meridian City Council Meeting Agenda April 2, 2019 – Page 251 of 395 Meridian City Council Meeting Agenda April 2, 2019 – Page 252 of 395 Meridian City Council Meeting Agenda April 2, 2019 – Page 253 of 395 Meridian City Council Meeting Agenda April 2, 2019 – Page 254 of 395 Meridian City Council Meeting Agenda April 2, 2019 – Page 255 of 395 Meridian City Council Meeting Agenda April 2, 2019 – Page 256 of 395 Meridian City Council Meeting Agenda April 2, 2019 – Page 257 of 395 Meridian City Council Meeting Agenda April 2, 2019 – Page 258 of 395 Meridian City Council Meeting Agenda April 2, 2019 – Page 259 of 395 Meridian City Council Meeting Agenda April 2, 2019 – Page 260 of 395