HomeMy WebLinkAboutL2 Excavation LLC (subcontractor) Permit C-EXC2021-0114 Settlement Agreement Sewer Line 4657 S. Eagle Road SETTLEMENT AGREEMENT
_ This SETTLEMENT AGREEMENT("Agreement"), is entered into this 26th day of
2022 ("Effective Date"), between L2 Excavation, LLC ("Subcontractor"), a
general bitsiness corporation organized under the laws of the State of Idaho, whose address is
2817 Brandt Avenue,Nampa, Idaho, 83687, and the City of Meridian, a municipal corporation
organized under the laws of the State of Idaho ("City"), whose address is 33 E. Broadway
Avenue, Meridian, Idaho 83642 (collectively, "Parties").
WHEREAS, Subcontractor obtained City of Meridian excavation permit no. C-EXC-
2021-0114 and, pursuant to such permit, installed water lines, storm drains, grease interceptors,
and the sewer line serving 4657 S. Eagle Road ("Sewer Line");
WHEREAS, upon inspection, City discovered that Subcontractor has failed to install the
Sewer Line at the proper slope, and as a result, the velocity of flow through the line will be
inadequate until additional sewer users are connected in the area;
WHEREAS, to avoid clogs, obstructions,and other problems likely to result from the
low velocity of the flow, the Sewer Line installed by Subcontractor will either need to be
replaced, or cleaned regularly until all of the buildings served by the Sewer Line are occupied,
which time is projected to be at least ten (10) years;
WHEREAS, in order to prevent delays in opening the businesses served by the Sewer
Line, City is willing to assume responsibility for such regular cleaning, at Subcontractor's
expense, pursuant to this Agreement;
WHEREAS, including necessary traffic control and conditions reports, such cleaning is
estimated to cost approximately$500.00 per year; and
WHEREAS,to resolve this matter in lieu of replacing the Sewer Line, the Parties have
agreed to enter into this Agreement;
NOW,THEREFORE, in consideration of the mutual covenants,representations and
obligations contained herein, and other good and valuable consideration, the Parties hereby agree
as follows:
1.SETTLEMENT TERMS.Subcontractor will make a one-time payment of five thousand dollars
($5,000.00)to City. City shall assume responsibility for cleaning the Sewer Line as needed until
the need for such cleaning is obviated by an adequate number of users connected to the Sewer
Line.
2.RELEASE OF REQUIREMENT. For good and valuable consideration,the receipt and sufficiency
of which is hereby acknowledged, City releases Subcontractor from the requirement that the
Sewer Line be installed at a slope of 0.4%. City does not, by this Agreement, release
Subcontractor from responsibility for any other defect or issue related to installation of the Sewer
Line.
SETTLEMENT AGREEMENT PAGE I
3.INTEGRATION. This Agreement contains the entire agreement between the Parties and
supersedes all prior agreements.No change or modification of this Agreement shall be valid or
binding unless it is in writing and signed by the party intended to be bound.
4.GoVERNING LAW.The construction and interpretation of this Agreement shall be governed by
the laws of the State of Idaho. Any action to enforce this Agreement shall be brought in Ada
County, State of Idaho. In any action to interpret or enforce the terms of this Agreement, whether
in law or equity,the prevailing party shall be entitled to collect its attorneys' fees and all other
costs and expenses of any litigation or other remedies of enforcement.
S. No ADMISSION Or LIABILITY.The Parties acknowledge that this Agreement is the
compromise of a claim, and that the consideration given is not to be construed as either Party's
admission of liability.
G.REPRESENTATIONS AND WARRANTIES. In entering into this Agreement, neither of the Parties
hereto has relied upon any facts or representations presented or made by any other Party, other
than those limited facts and representations specifically set forth in this Agreement. Each of the
signatories to this Agreement represents and warrants that such signatory has been duly
authorized to enter into this Agreement on behalf of the Party for whom such signatory has
executed this Agreement. In entering into this Agreement, each Party has received independent
legal advice from an attorney of its choice. Each Party enters into this Agreement of its own
volition, without compulsion of any kind, and after a full opportunity to consider this matter with
its own legal advisor.
7.SUCCESSORS AND ASSIGNS. This Agreement and each and all of the terms and conditions
hereof shall apply to and are binding upon the respective organizations, legal representative,
successors, and assigns of the parties.
8.INJUNCTIVE RELIED.The Parties acknowledge that damages arising from the material breach
of this Agreement may be difficult to identify and that the potential harms are likely to be of an
ongoing nature, cannot be reasonably or adequately compensated by damages in any action at
law, and breach of this Agreement will cause the Parties irreparable injury and damage.
Therefore, the Parties expressly agree that the other Parties may be entitled to obtain injunctive
relief in the event of, or to prevent, a material breach of any provision of this Agreement by the
other Parties.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the
Effective Date first written above.
SUBCONTRACTOR
L2 EXCAVATION,LLC
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Kelly L wncr/Member
L2 Ex�ca Lion, LLC
SETTLEMENT AGREEMENT PAGE 2
STATE OF IDAHO }
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County of ('a )
I HEREBY CERTIFY that on this 11* day of_S� 2022,before the undersigned,a Notary
Public in the State of Idaho,personally appeared KELLY LANE,prAven to me to be the person who executed the
said instrument,and acknowledged to me that such person executed the same.
IN WITIit jfittW14FREOF,I have hereunto set my hand xed my official s e d an ear in
this certificat�--,, �e '1y�k .
&):°r10TAR j,a u lic for Idaho
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PVBOG Residing at /�Ct Idaho
My Commission Expires: O� !
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CITY OF MERI��IAN:
BY: Attest:
Robert E. Simison, Mayor 7-26-2022 Chris Johnson, City Clerk -26-2022
STATE OF IDAHO )
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County of Ada
I HEREBY CERTIFY that on this 26th day of JUIy 2022 before the undersigned,personally
appeared ROBERT E. SIMISON and CHRIS JOHNSON,known or identified to me to be the Mayor and City Clerk,
respectively, of the City of Meridian, who executed the instrument on behalf of the City of Meridian, and
acknowledged to me that the City oi'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 Idaho
Residing at Meridian ,Idaho
My Commission Expires: 3-28-2028
SETTLEMENT AGREEMENT PAGE 3