HomeMy WebLinkAboutSewer Connection Patricia Neslen and Kent Murri 139 E. Idaho o1H RECORDED E r ARV TO, � � ADA COUNTY RECORDER Trent Tripple '
2024-018874
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0,,/of ondia CITY OF MERIDIAN, IDAHO NO FEE -
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TEMPORARY RY ST UC IO r AS ® I.®N 'T A I
AGREENIENT ,F011 CONNECTION TO SEWER SERVICE:
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139 C. II)�� l�) P�1�[?lR'[iC, )<iItII)[f� l, I:I)r�I'1Q)
This TEMPORARY CONSTRUC°I "ON EASEMENT AND AGREEMENT FOR
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CONNECTION TO SEWER SERVICE("Agreement") is made this 26th day of
March Ty N = 2024 ("Effective Late"), by and between the City of Meridian, a municipal
corporation organized under the laws of the State of Idaho, whose address is 33 East Broadway
Avenue, Meridian, Idaho ("City"),.and Patricia C. Neslen, personal representative of the estate of
Kent D.Mule°i,owner of the property at 139 E. Idaho Avenue, Meridian, Idaho ``Property
Owner")(collectively, "Parties");
WHEREAS,`Property Owner is the owner of the property at 139 E. Idaho ,venue,
Meridian, Idaho, Ada COLinty parcel no. R5672000636, PAR 0636 SLY POR`L,TS l 1/12 BL4
MERIDIAN TOWNSIT°E A D #063513 ("Property");
W I ® r ;A S, the sewer line serving Property is currenfly located in the alley to the north
of the Property;
e . , in Springy 2024, pursuant to its authority i under Rialto section 5 - 32,�
the City of Meridian will begin a public works project that includes installing a new sewer main
along E. Idaho Avenue,frosts Meridian Road to 6th Street("ProjectT9);
AVIIEREAS,to improve efficiency and long-term Friability of sewer service to properties
along E. Idaho Avenue from Meridian "Road to 6th Street, including the Property, the City has
offered to assess the feasibility of rerouting the plumbing serving Property to connect to the new
sewer line along E. Idaho Avenue, and, if it is feasible, to cause Sikh work to be completed at the
City's expense; and
AS, Property Owner has accepted this offer and wishes to authorize City 1) to -
initiate the feasibility assessment, and 2) if the City determines that it is feasible, to include in the /
scope of work for the Project the rerouting of the plumbing serving the bUilding at Property and
its connection to the new sewer line;
NO%N, 'I' °AI :"ORt <, fray good ar�d aliia le consideration the receipt and statticie cy I
01"which is hereby acknowledged and agreed, and in consideration of the mtztUal promises and
covenants herein contained, and in consideration of the recitals above, which are incorporated
herein, the Parties agree as fellows. ,
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T. COMMITMENTS BY Crry,
:1 . FEASIBILITY ASSESSMENT. Within one hundred and eighty ( 180) days of execution of this
agreement, City shall conduct an assessment of the structural integrity, plumbing condition,
and other factors and risks related to the feasibility of replumbing tile building at Property to
connect to the new sewer main to be placed in the right-of-way along E . Idaho Avenue .
B. IF NOT FEASIBLE. If, in the City ' s sole discretion, it is not feasible to replumb the building at
Property and connect it to the new sewer main to be placed in the right-of-way along E. Idaho
Avenue, the City will take no further action with regard to the Property.
Ce IF FEASIBLE.. If, in the City' s sole discretion,, it is feasible to replumb the building at Property
to connect it to the new sewer main to be placed in the right-of-way along E. Idaho Avenue,
City shall .-
I . Add this work to the scope of work for the Project, and shall complete such work at the
City ' s sole expense. This work shall include restoration of the interior and exterior of the
Property to its general pre-Project condition, as nearly as is feasible.
2 . Contact Property Owner to provide details regarding scheduling, timeline, and tile next
steps for completion of this work
3. Select and hire a licensed plumber to install all related plumbing and infrastructure
necessary to connect the building at Property to the new sewer main along E . Idaho
Avenue. Such work steall be completed in accordance with the regulations of tile
Building Services Division of the City of Meridian Community Development
Den,9 ftment, the City of Meridian Publ ic Works Department, and any and all other
applicable rules or laws
4. As practicable, provide notice to Property Owner of any need to access the Property and
building thereon in order to complete City ' s obligations under this Agreement
D . PROVISION OF SEWER SERVICES. At all times, City shall provide sewer services to the
Subject Property, subject to necessary stoppages due to construction, and all applicable laws
and City ordinances. City shall bill Property Owner for sewer usage according to the
metering, accounting, and billing system in place under Meridian City Code and tile policies
and practices of the City of Meridian .
I L CONIMITNIUvrs BY PROPERTY 0 %%INER...
A , ASEMENT ; RIGHT of ENTRY. Property Owner authorizes the City, its consultants, agents ,
employees and/or contractors, a temporary easement over and across the Property., and the
right to enter the Property and all buildings thereon, in order to complete all necessarti %vork
to fulfill City ' s obligations under this Agreement. City shall have and hold the temporar)-,
easement and right of entry Until the Project is complete, Property ONN ner shall notify the
occupant(s ) of tale buildiI ng located on Property of the tet��1s of this Agreement and it�;tnl� t
such occupant(s) to provide access to City., its consultants, and/or its conti•a� torti as moreSSai'y
to complete the work described by this Agreement I�
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M; 1t1•:CMEN' C 1 OR CONNF%CF141( )N Ti) SUMER SI-AVICit' li .w=E. ' ()F 7
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l;. No GNIT.ARANTEE . Property Owner acknowledges that City may not elect to reroute tile sewer
�ei-vice from the existing main in the alley to the new main in tile right-of-way along E . Idaho
street. The Aity may decline to reroute the plumbing from tile building on Property', i f such
work is not feasible, in City ' s sole discretion .
C• PAN MENT FOR CITY SERVICES. Upon connection to and whenever Property i s connected to
the City ' s sewer system , regardless of the location of such connection, Property Owner shall
� pay to City all applicable fees and costs for services provided, as such fees are calculated and
billed by City as set forth herein and established by law or City policy or ordinance . The
exclusive remedy for any disputes, objections, or appeals regarding such fees and costs shall
be with the Board of Adjustment, under the procedures set forth in Meridian City Code
D . OPERATTO\ AND IMAINTENANCE. Upon connection to and at all times Property is connected
to the City' s sewer system, regardless of the location of such connection, Property Owner
shall be solely responsible for any and all costs related to operation and maintenance of all
portions and functions of tile plumbing between the sewer line and the Property served by the
City sewer system .
E . ACKNOWLEDGMENT OF SCOPE OF WORK. Property Owner acknowledges that construction
related to the rerouting of plumbing and installation of new plumbing may require the
temporary removal of landscaping, walkways, walls, flooring, and other structural aspects of
the building at Property. While City shall restore the interior and exterior of tile Property to
the condition they were in prior to tile Project, Property Owner shall be responsible for any
other repair, maintenance, or other work where the need for same is revealed by the removal '
of walls and floorsin order to complete the work contemplated by this Agreement . CI* tyshall
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not be responsible for any repair to structural , electrical , mechanical , or other systems at
Property, even i f such necessity is revealed by work undertaken pursuant to till' s Agreement
or any other aspect of the Project
F. WAIVER. Property Owner acquits and forever di' scharges the City of Meridian, i t s
employees, and agents, from any and all claims, actions, causes of action, demands, rights,
damages, costs, expenses and additional compensation, including attorney fees, which
Property Owner now has or may later realize in relation to any expense of any type related
this Agreement or to Project, whether such expense is foreseen, unforeseen, known, or
unknown . Except as may be provided in any written warranty provided by the contractor
completing the work contemplated by this Agreement'. Property Owner shall be solely
responsible for any structural , electrical , mechanical , or other malfunction or damage
occurring after completion of the work contemplated by this Agreement, and shall not make:
any claim or demand'. or bring any cause of action against City for same.
C . INA) vMNIFI ( ATION ., Property Owner acknowledges that provision o#' sery ices unc1L•r this
Agreement may carry risks of property damage, property loss, personal injury , illn �• � s , an ,l , ►r
death ', some of which risks are unknown, and, with that kno\\ ledgc I)ropert'N 0 \\ ���� r h�•r�•b \
assumes all such risks and hazards . I'ro��erty Owner shall i �id ��«inifi �a\ �• nd hold lianiilca-- �
the � ' ity and any and all of its employees, agents, � oltint_•t;���, and/or ele:�t��cl t � #�ic ial � from a�i\
and all losses, claims, and judgments for damages or injury to 1) orsons or propertv, �ind frOtn
A( MEEM ENT I"ok CONN!".C110N i ( ) S I -W I"OR SER V It j: �' ��;}•: 3
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any and all losses and expenses caused or incurred by Property Owner or Property Owner' s
tenants, agents, employees, guests, and/or business invitees,
I I L GENERAL PROs - ISIONS.1
A . TERM . This Agreement shall become effective on tile Effective Date first written above, and
shall be effective through tile earlier of completion of tile Project or September 30, 2024,
unless earlier extended or temlinated by tile Panties
B . RECORDATION , City shall record this Agreement against tile Property, at City' s cost
C. TERMINATION. If City dete, that Property Owner has failed to comply with any terra
or condition of this Agreement, violated any of tile covenants, agreements, and/or stipulations
of this Agreement ; engaged in fraud , dishonesty, or any other act of misconduct i n tile
perfoniiance of this Agreement; or if either Party willfully or negligently defaults in, or fails
to fulfill , its material obligations under this Agreement, tile other Party shall have tile right to
terminate tile Agreement by giving written notice to tile defaulting party of its intent to
terminate_ and shall specify the grounds for termination Tile defaulting pally shall have
seven (7) days after receipt of such notice to cure tile default If tile default is not cured
within such period, this Agreement shall be terminated upon mailing of written notice of such
termination by tile terminating party.
D . TERMINATION OR RESCISSION BY PROPERTY OWNER,, If, prior to initiation of construction
as part of Project, Property Owner terminates this Agreement, and/or rescinds Property
Owner' s acceptance of City' s offer to assess and potentially reroute tile service line, for any
reason, tile City shall not be responsible for any costs related to tile Project or tile Project " s
impact on Property, other than connecting tile Property ' s existing plumbing to tile
rehabilitated main when complete
E , CITY NOT RESPONSIBLE FOR OTHER COSTS. Property Owner acknowledges and agrees that
except as explicitly stated in this Agreement, tile City will not be responsible for any costs
Property Owner may incur as a result of or otherwise attributable to tile Project, whether such
costs are related to known or unknown risks or factors . Specifically, without limitation , City
shall not be responsible for any lost business or other revenUe during or attributable to tile
Project., nor for any plumbing- or sewer-related costs following Project completion
F. DAY-TO-DAY COMMUNICATIONS. Comiiiuni cation between Property Owner and Cite
regarding day-to-day matters (e.g. , issues related to construction, property entry, scheduling,
etc ) shall occur via e-mail or telephone City shall provide Property Owner tile name, e- mail
address, and telephone number of specific City personnel ("City Contact" ) who shall ,erve as
tile liaison between City and Property Owner for all day-to-day matters Property Owner
shall provide C ity the name, e-mail address, and telephone number of tile specific, perNon
("' Property Owner Contact") who shall serve as tile liaison between Propt%ily ON, n,or and 0tv
for all day-to-day matters .
G . ALL 01t HF: lt NOTI{ - Es. All other notices required to be giVell bN, cithcr of tile parties hereto
Aou 14 110M PaN I' FOP CONNECTION "1'O SENE R Sr,4 izv ici 4 ol
shall be in writing and be deemed communicated when sent via e-mail , personally served, or
mailed via United States mail , to the following personnel and address:
If to City: If to ProV eMob-111. l Owner:
City Clerk, City of Meridian Estate of Kent D Murri
33 E . Broadway Ave. 2093 Centennial Blvd
Meridian , Idaho 83642 Saratoga Springs UT 84045
cityclerk@meridiancity . org
Either Party may change its address for the purpose of this section by delivering to the other
Party written notification of such change, establishing a new address for noticing purposes, in
accordance with the requirements of this section.
H. LIMITATION OF LIABILITY. City is not liable for consequential , indirect, incidental , special ,
exemplary, punitive,, or enhanced damages arising out of or relating to any breach of this
Agreement, whether or not such damages are foreseeable or Property Owner was advised of {
the possibility of such damages, regardless of the legal or equitable theory (contract, tort or �
otherwise) upon which the claim is based, and notwithstanding the failure of any agreed or
other remedy of its essential purpose. This limitation of City' s liability shall not apply to (i )
liability resulting from City ' s gross negligence or willffil misconduct and (ii ) death or bodily
injury resulting from City' s acts or omissions .
I . FORCE NIAJEURE,, 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.
J. BINDING UPON SUCCESSORS. Except as otherwise specifically provided herein, this
Agreement shall be binding upon any and all owners of the Property, any and all subsequent
owners thereof, and each and every other person acquiring an interest in the Property
Nothing herein shall , or shall be construed to, in any way prevent the sale or alienation of the
Property, or any portion thereof, except that any sale or alienation shall occur subject to the
provisions of this Agreement, and any successive owner or owners shall be both benefited
and bound by the conditions and restrictions herein expressed
K. SEVERABILITY , If any provision of this Agreement is held invalid by a court of competent
jurisdiction, such provision shall be deemed to be excised herefrom and the invalidity thereof
shall not affect any other provision or provisions contained herein .
L. Ti-lIi2D- PARTY BENEFICIARIES. This Agreement is not intended to create, nor shall it in an`
way be interpreted or construed to create, any third-party beneficiary rights in anN, person or
entity not a party hereto
NL No RF,,AL PROPERTY INTEREST, It is expressly understood that this Easement does not in
any way whatsoever grant or convey any permanent easement, lease, fee or other interest in
the Property to the City.
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Aojzu4 M ENT FOR CUNNP;t "I'Ic )N `I'(1 SEWERSERVICEL' .t��i � c �t� 7
1". ATTORNEI FEES. Should any litigation be commenced between the Parties concerning this
Agreement, the prevailing party shall be entitled, in addition to any other relief as may be
granted, to court costs and reasonable attorney fees as determined by such court. This
provision shall be deemed to be a separate contract between the Parties and shall survive,
inter alga, any default, termination, or forfeiture of this Agreement.
O. ENTIRE AGREEMENT. This Agreement sets forth all promises, inducements, agreements,
conditions, and understandings between City and Property Owner relative to the subject
matter hereof, and there are no promises, agreements, conditions, or understandings, either
oral or written, express or implied, between City and Property Owner, other than as are stated
herein. Except as otherwise specifically provided herein, no subsequent alteration,
amendment, change, or addition to this Agreement shall be binding upon the Parties unless
set forth in writing and duly executed by both Parties or their successors in interest.
P. NON-WAIVER. Failure of either Party to promptly enforce the strict performance of any term
of this Agreement shall not constitute a waiver or relinquishment of any Party's right to
thereafter enforce such term, and any right or remedy hereunder may be asserted at any time
after either party becomes entitled to the benefit thereof, notwithstanding delay in
enforcement. All rights and remedies herein enumerated shall be cumulative and none shall
exclude any other right or remedy allowed bylaw. Likewise, the exercise of any remedy
provided for herein or allowed by law shall not be to the exclusion of any other remedy.
Q. APPLICABLE LAW. The validity, interpretation, performance and enforcement of this
Agreement shall be governed by the laws of the State of Idaho, including, without limitation,
Article VIII, Section 3, of the Idaho Constitution. Venue shall be in the courts of Ada County,
Idaho.
R. COMPLIANCE WITH LAWS. Throughout the course of this Agreement,the Parties shall
comply with all applicable laws, ordinances,and codes of Federal, State, and local
governments. This Agreement shall be governed by and construed and enforced in
accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian.
The City's ordinances appertaining to the regulation,control, and use of its sewer and water
systems, and any prospective amendments to and/or recodifications thereof, are specifically
and without limitation incorporated into this Agreement as if set forth fully herein.
S. ADVICE OF ATTORNEY. Each party warrants and represents that in executing this Agreement,
it has received independent legal and financial advice from its attorney and/or financial
advisor, or has had adequate opportunity to seek such advice.
T. WARRANTY OF AUTIIORI'1'Y. Each person executing and signatory to this Agreement
represents and warrants that the execution, delivery, and performance of this Agreement has
been duly authorized by all necessary action of each respective party; that such person is, at
the time of execution, duly authorized by the respective Party's governing body to bind such
Party in all respects; and acknowledges and agrees that this Agreement is and shall be a valid
and binding obligation upon the Parties to this Agreement.
CUNKE.I'11ON TO S[VER SERVICI; P.ml, U of�
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II, =kPI'RoVAL REQUIRED: This Agreement shall not become effective or binding until
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approved by the City Council of the City of Meridian.
IN WITNESS W111EREOF, the patrties hereto have executed this Agreement on the �
Effective Date first written above.
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)I"��� IN A ft[iaDtE [
PROPT-R°TY OWNER; ) �rr� ��� ����a� �� �II� ��In��aF I1rAM
STATE OF UTAH
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County of u6h _ ) r,' ' t QI°AIv1, UP 06 ?0 202D
Patricia C. Nfesl On this I day of * ,in the year 2024,
Personal Representative p personally appeared bel'orc nme PATRICIA C. NESLEN,
Estate of Kent D. Murri whose identity is proven to nie on the basis of satisfactory
evidence,and who by nmc being duly sworn, did sweir or
afTinn tlmit she is the personal representative of the estate
of Kent D,Murri,and that the foregoing document was j
signed by her on behalf of such estate, and said Patricia C.
Neslen acknowledged to me that such estate hereby
executes the sanme.
WITNESS nmy hand and official seal,
N61an• Public for Utah
Rcsiding at SrA n4oau Spc I1n j 5 .Utah
My,Commission Expires;rf2- ?q. 7o24_�_..
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CITY OF MERIDIAN: Attest:
VU ID[Z IANAli
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SPaI.
R�1�e t . Simi on, ayor 3-26-2024 Chris Johnson, ity Clei 26-2024 `
STATE OF IDAHO }
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County of Ada )
On this 26th day of March 1024,before mc,a Notan•Public, personally appeared Robert E,Simison
and Chris Johnson,know or identified to nmc to be the Mayor and Clerk, respectively,of the City of Meridian,
ho executed the instrument or the person that executed the instrument of behalf of said City, and acknowledgA
to nmc that such City executed the sanmc. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my
official seal the day and year in this certificate first above written,
CHARLENE W �`'.�
AY Notan,Public for Idaho
COMMISSION No. 67390 Rcsiding at_. Meridian� Idaho
NOTARY PUBLIC 3 2s-2028
STATE OF IDAHO My Commission Expires:
AORf-;FN N'I I'OR C.'ONNEC'PON TO it?WI,;R 9ERVICI1; 1',\GI 7 of 7