HomeMy WebLinkAboutThree Corners Subdivision Property Owners Association Water Pump Usage License Agreement When Recorded Mail To:
CITY OF MERIDIAN
33 E. Broadway Avenue
Meridian ID 83642
Attn: City Clerk
LICENSE AGREEMENT FOR WATER PUMP USAGE
This LICENSE AGREEMENT FOR WATER PUMP USAGE ("Agreement") is made
effective this 6th day of September, 2Z by and between the City of Meridian, a municipal
corporation organized under the laws of the State of Idaho ("City"), and Three Corners Subdivision
Property Owners Association, Inc., a non-profit corporation organized under the laws of the State of
Idaho ("Three Corners"). City and Three Corners may be collectively referred to as "Parties."
WHEREAS, Three Corners owns Ada County parcel no. R8442240120, legally described as
Township/Range/Section 4NIE29, Ada County, Idaho, a common lot generally depicted in Exhibit
hereto, upon which parcel there is situated a water pump, also owned by Three Corners (collectively,
"Licensed Premises");
WHEREAS, City has agreed, pursuant to the agreement attached hereto as Exhibit B, to
maintain the landscaping and irrigation systems installed by the Idaho Transportation Department
("ITD") along the south side of Chinden Boulevard, from Locust Grove Road to Boise city limits, as
shown on Exhibit C("Landscaping");
WHEREAS, water used to irrigate the Landscaping will be collected in a drainage Swale
owned by ITD and diverted to Three Comers's pond, as shown on Exhibit C hereto, which pond is the
source of water from which Three Comers's water pump pumps water;
WHEREAS,pursuant to the terms of this Agreement, Three Corners is willing to allow ITD to
connect, in a manner and using components approved by Three Corners,the sprinkler system that
irrigates the Landscaping to Three Comers's water pump on the Licensed Premises, and thereafter to
allow City to receive water from Three Comers's water pump for the purpose of irrigating the
Landscaping;
WHEREAS, it is mutually beneficial for both Parties for Three Corners to allow City to use
the water pump for the purposes set forth in this Agreement;
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, the parties hereby agree as follows:
1. Grant of license. Three Corners hereby grants to City, as grantee, a non-exclusive license, for the
limited purposes of:
a. Installing upon Three Comers's water pump a connection from the pump to an irrigation
system to be used to irrigate the Landscaping, as set forth in Exhibit C; and
LICENSE AGREEMENT FOR WATER PUMP USAGE PAGE 1 OF 3
b. Using water from Three Comers's water pump for the purpose of irrigating the Landscaping
throughout the term of, and subject to the conditions of, this Agreement.
2. Term and termination. This Agreement shall continue in perpetuity and shall remain in effect
unless and until terminated by either party, upon ninety (90) days' written notice.
3. Irrigation Season, defined. "Irrigation Season," as such term is used herein, shall mean the time
between the date in the spring on which Settler's Irrigation District opens its canal system for the
purpose of irrigation, and the date in the fall on which Settler's Irrigation District closes its canal
system.
4. Payment of proportionate costs.City shall pay Three Corners for:
a. The proportionate share of the water from the pump that is used for irrigating the Landscaping,
to be calculated at the rate of 2 units per irrigation season;
b. The proportionate share of electricity necessary to run Three Comers's pump;
c. The proportionate share of routine repairs and maintenance necessary to keep Three Comers's
pump and related components in good working order;
d. An annual $100 administration fee for collecting and compiling the analysis required to create
the detailed invoice(s); and
e. The proportionate share of increased insurance costs directly related to this agreement(if any).
City's total annual payment to Three Corners shall not exceed one thousand dollars ($1,500)
without written amendment of this Agreement.
5. Method of payment. By November 1 of each year, Three Corners shall submit to City a detailed
invoice for City's proportionate share of annual costs as set forth herein. Alternatively, at the sole
discretion of Three Corners, by July 15 and November 1 of each year, Three Corners shall submit to
City two (2) detailed invoices for City's proportionate share of costs, as set forth herein, to each date.
City shall pay such costs within thirty (30) days of Three Comers's detailed invoice therefor.
6. Accounting required. Three Corners shall, with reasonable notice, allow City to inspect or have a
copy of its records regarding the costs of operating the pump and the water issuing therefrom. Such
records, subject to available data, shall adequately show the amount and cost of water from the pump
that is used for all applications,the amount and cost of water from the pump used for the Landscaping,
the amount and cost of all electricity necessary to run the pump, and the nature and cost of all
maintenance and repairs.
7. Irrigation programming. It is acknowledged by City that Three Corners will maintain control
over the irrigation system at all times and will be responsible for selecting and programming the
irrigation timeslots and length of watering throughout each irrigation season. Such selection and
programming shall depend on the availability of water during the Irrigation Season for the purposes set
forth in this Agreement.
8. Availability of water. City acknowledges that availability of water for this purpose is dependent
on the amount of water in the Three Corners pond. Following written notice to City, Three Corners
may use both city-provided potable water and irrigation water to fulfill its obligations under this
Agreement throughout the course of an Irrigation Season and City will be subject to the costs thereof.
Three Corners does not guarantee ability to pump water to Landscaping. In situations where service is
interrupted, Three Corners will attempt to remedy in a best effort manner.
LICENSE AGREEMENT FOR WATER PUMP USAGE PAGE 2 OF 3
9. Non-Appropriation. Three Corners acknowledges that City is a governmental entity, and the
validity of this Agreement is based upon the availability of public funding under the authority of City's
statutory mandate. Notwithstanding anything in this Agreement to the contrary, City's obligations
under this Agreement to provide payment to Three Corners as described herein shall be subject to and
dependent upon appropriations being made by City Council for such purpose.
10. Insurance. Each party shall obtain all necessary insurance as may be required in order to protect
its respective insurable interests as may be related to its rights and obligations described within this
Agreement.
11. Force Majeure.No Party will be liable for failure to perform any duty under this Agreement
where such failure is due to or made impracticable by unforeseeable causes beyond the Parties' control
and without the fault or negligence of the Parties, including, but not restricted to, acts of God or the
public enemy, fire, flood, natural disaster, epidemic, strike, or order of any court or authorized agency.
12. Binding on Successors. This Agreement shall be binding on the successors, administrators,
executors and assigns of all parties hereto, and shall run with the land.
13. Assignment. Neither party shall sell, transfer, or assign its interest in this Agreement without first
providing written notice to the other party, except that City may assign to ITD and/or its contractor(s)
the City's interest as conveyed in section (1)(a) of this Agreement without further notice to Three
Corners.
14. Notices. All notices, demands and requests required or desired to be given under this Agreement
must be in writing and shall be deemed to have been provided as of the date such writing is mailed, via
U.S. Mail, prepaid and addressed, if to Three Corners to such organization's most recently, registered
agent as enumerated in the records of the Idaho Secretary of State, or, if to City, to Meridian City
Clerk, 33 E. Broadway Avenue, Meridian, Idaho, 83642.
15. Entire agreement. This Agreement constitutes the entire understanding between the Parties. This
Agreement supersedes any and all statements, promises, or inducements made by either party, or
agents of either party, whether oral or written, and whether previous to the execution hereof or
contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered
except upon written agreement signed by both parties hereto.
16. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity,
interpretation,performance and enforcement of this Agreement. Venue shall be in the courts of Ada
County, Idaho.
17. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to
be illegal,invalid, or unenforceable, the remainder of this Agreement shall not be affected.
18. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of hereof
as if the exhibits were set forth in their entirety herein.
LICENSE AGREEMENT FOR WATER PUMP USAGE PAGE 3 or 3
19. Warranty of authority. The person executing this Agreement on behalf of Three Corners
represents and warrants due authorization to do so on behalf of same, and that upon execution by both
Parties, this Agreement shall be binding upon, and shall inure to the benefit of, both Parties.
IN WITNESS WHEREOF,the undersigned have caused this Agreement to be executed the
day and year first written above.
THREE CORNERS:
Three Corners Property Owners' Association LLC
`►►►IIIIIfI���
By: Gregg B&zen, President s ? �pTAqp • N
Three Corners Subdivision Property Owners Association, Inc. _ i --••— }
Its: President
STATE OF IDAHO ) �i���F OF pPX
)ss
COUNTY OF ADA )
On this_ _ day of_August_, 2022,before me,_}ZG��1 C M f.� , a Notary Public
in and for said State, personally appeared Gregg Bengtzen, known or identified tome to be the person who
executed the instrument on behalf of Three Corners Subdivision Property Owners Association, Inc., and
acknowledged to me that such person 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. w
Notary Public for Idaho U L
Residing at_ a rrua 7m do- ` o
My commission expires— be-e ►n . a o;2-3
CITY:
City of Meridian ATTEST:
Robert E. Simison, Mayor 9-6-2022 Chris Johnson, City Clerk 9-6-2022
STATE OF IDAHO )
)ss.
COUNTY OF ADA )
On this 6th day of September , 2022, before me,the undersigned,a Notary Public in
and for said State, personally appeared ROBERT E. SIMISON and CHRIS JOHNSON, known to me to be the
Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and
acknowledged to me that the City of Meridian executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year
first above written.
Notary Public%Ida o
Residing at IVlen Ian, ID
My commission expires 3-28-2028
LICENSE AGREEMENT FOR WATER PUMP USAGE PAGE 4 OE 3
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Item#10. Mayor Robert E. Sinlison
E I DIAN City Council Members:
�� Treg Bernl Brad Hoaglun
Joe Borton Jessica Perreault
> O Luke Cavener Liz Strader
MEMORANDUM
TO: Mayor Sinlison and City Council
FROM: Mike Barton, Parks Superintendent
DATE: May 21, 2021
RE: Cooperative Agreement -Landscaping Maintenance
The State has completed a project to Nvidcn US20/26 fironl Locust Grove Road to Eagle Road, identified
as project no. A019944. At the request of the City, the State has installed a multi-tlsc path on the Meridian
side that is separated From the curb. The City has requested this buffer area boween the curb and the path
be landscaped. The State has agreed to install landscaping (sod and sprinklers)at no cost to the City,
provided the City will maintain the strip.
The area to be maintained by the City is 1,000 feet long,and is only in firont of county parcels."file rest
of the strip is in trout of already developed property and will be maintained by those owners.Should the 4
parcels adjacent to tills strip redevelop, the landscaping will be maintained by the new owner/HOA. The
yearly cost to nlow, irrigate, and fertilize this strip is S4,500 and is already in our proposed FY22 base
bud-et.
We respectfully rcqucst approval of the attached cooperative a�irrecnlcnt_
Page 243
COOPERATIVE AGREEMENT
(LANDSCAPING MAINTENANCE)
PROJECT NO. A019 (944)
US20/26, LOCUST GROVE TO EAGLE ROAD
KEY NO. 19944
PARTIES
THIS AGREEMENT is made and entered into this ISt day of
JU11C 2021 by and between the IDAHO
TRANSPORTATION DEPARTMENT, hereafter called the State, and the
CITY OF MERIDIAN, hereafter called the City.
PURPOSE
The State has programmed a project to widen US20/26 from Locust
Grove to Eagle Road, identified herein as Project No. A019 (944) , Key No.
19944 . The project includes installation of landscaping and sprinkler
systems as shown on the attached Exhibit A. The City has agreed to
provide maintenance of the landscaping and sprinkler system installed
as part of the project. This Agreement will set out the terms of this
arrangement.
Authority for this Agreement is established by Section 40-317 of
the Idaho Code.
The Parties agree as follows:
1 . The State will design and construct this project, including
landscaping and sprinkler system as shown on the attached
Exhibit A.
2 . The City will, upon completion of construction, assume
responsibility for maintaining the landscaping and sprinkler
system along with the existing well, as follows :
• Operate and maintain the sprinkler systems . Maintain
sprinklers so that they do not wet the roadway.
• Maintain landscaping in a healthy condition, adequately
watered and fertilized.
• Utilize State approved highway safety procedures for City
personnel during all phases of landscape maintenance.
3. This Agreement shall become effective on the first date
mentioned above and shall remain in full force and effect until
Cooperative Agreement (Landscaping)
US20126, Locust Grove to Eagle Fed
Page Fev No. 19944
amended or replaced upon the mutual written consent of the City
and the State.
EXECUTION
This Agreement is executed for the State by its District Engineer
and executed for the City by the Mayor, attested to by the City Clerk,
with the imprinted corporate Seal of the City of Meridian.
IDAHO TRANSPORTATION DEPARTMENT
District Engineer
ATT�ST: .' ` -, CITY OF MERIDIAN
sr 1. l --
City Clerrk Chris Johnson 6-1-2021 Mayor Robcrt•E. Simison 6-1-2021
(Seal)
By regular meeting
on 6-1-2021
Cooperative agreement (Landscaning)
US20126, Locust Grove to Eagle Rd
Kev '.lo. 19944
cf: 19944 Coop Meridian.docx
RESOLUTION
WHEREAS, the Idaho Transportation Department, hereafter
called the STATE, has submitted an Agreement stating obligations
of the STATE and the CITY OF MERIDIAN, hereafter called the
CITY, for maintenance of landscaping on US20/26 from Locust
Grove to Eagle Road; and
WHEREAS, the STATE is responsible for obtaining compliance
with laws, standards and procedural policies in the development,
construction and maintenance of improvements made to the
Federal-aid Highway System when there is federal participation
in the costs; and
NOW, THEREFORE, BE IT RESOLVED:
1 . That the Agreement for Federal Aid Highway Project
A019 (999 ) is hereby approved.
2 . That the Mayor and the City Clerk are hereby
authorized to execute the Agreement on behalf of the
CITY.
3 . That duly certified copies of the Resolution shall be
furnished to the Idaho Transportation Department .
CERTIFICATION
I hereby certify that the above is a true copy of a Resolution
passed at a regular, dilly called special (X-out non-applicable
term) meeting of the City Council, City of Mer}dian TeTc- on
.tune 1 St � 2021 .�� r '111 1'
I ,�1a 1M1f,
SEAL
�.i
City C1r Vrk Chris Johnson 0-1-2021
Cooperative Agreernent (Landscaping)
Us20/2G, Locust Grove to Eagle Rd
Key ido. l anq:1
Page 3
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