HomeMy WebLinkAboutPump Station Operation & Maintenance Agreement for Seasons Park
PUMP STATION
OPERATION AND MAINTENANCE AGREEMENT
FOR SEASONS PARK
1. DEFINITION. In this Agreement certain words appear which have the following
meamng:
"Owner" or "Owners" means the City of Meridian, a municipal
corporation, the owner of the land to which irrigation water will be distributed by
the urban irrigation system that is the subject of this Agreement.
"Agreement" means this written and signed Agreement (contract) entered
into between the Owner and Nampa & Meridian Irrigation District.
"Subject Property" means the real property commonly known as Seasons
Park and more specifically described in Paragraph 2 below.
"NMID" means Nampa & Meridian Irrigation District_
2. PROPERTY COVERED BY THIS AGREEMENT. This Agreement is intended
for the benefit of the Subject Property which is more particularly described as Lot 2, Bock 4,
Tricia's Crossing Subdivision, according to the official Plat thereof, filed in Book 90 of Plats
at Page 10615, official records of Ada County, Idaho.
3. PUMP STATION. The pump station, pumps, electrical panels and related fixtures
to serve the Subject Properly is or willlJe located in Seasons Park. The Owner will provide all
labor, materials and equipment necessary to construct the pump station, pumps, electrical panels
PUMP STATION OPERATION AND MAINTENANCE AGREEMENT - PAGE 1
and related fixtures. The work will proceed according to the specifications of NMID in effect
at the time the work is done to the satisfaction of the Water Superintendent of NMID with his
prior consent and approvaL
4. GRANT OF EASEMENT. Owner hereby grants to NMID a perpetual easement
for ingress and egress to the pump station to install, maintain and operate the pump station in
Seasons Park as more particularly described in Exhibit A which is attached hereto and
incorporated herein by reference. This easement shall be perpetual and continue so long as it
may be necessary and required by NMID to operate, maintain and repair the pump station and
is binding on Owner, its successors and assigns.
5. OWNERSHIP. Owner intends to construct own, operate, maintain, repair and
replace the pressurized irrigation distribution system which will be located within the Subject
Property. NMID shall own, operate, maintain, repair and replace the pump station, pumps,
electrical panels and related fixtures. The system owned by NMID does not include any
pipelines, connections, valves or fittings installed within the Subject Property to distribute
irrigation water.
6. IRRIGATION WATER. NMID will provide irrigation water to the pump station
during the regular irrigation season. The irrigation water to be provided to the Subject Property
shall be in the amount and in accordance with the water rights of the Subject Property. Owner
will then be responsible for distribution of the irrigation water in its own distribution system
within the Subject Property.
7. OPERATION AND MAINTENANCE; AGREEMENT FORASSESSMENT FOR
OPERATION AND MAINTENANCE. Owncr agrccs that NMID may levy and collect annual
assessments against the Subject Property to defray the cost and expense of the operation,
maintenance, repair and replacement of the pump station and facilities owned by NMID to the
Subject Property. If additional land other than the Subject Property is served by the pump
station, such costs will also be levied and assessed against each tract of land served by the pump
station and irrigation system owned by NMID to defray the cost and expense of such operation,
maintenance, repair or replacement by NMID. The Board of Directors of NMID shall apportiun
to each tract of land a portion of the cost of operation, maintenance, repair and replacement of
PUMP STATION OPERATION AND MAINTENANCE AGREEMENT - Page 2
this irrigation system, on the basis of the ratio between the acreage in that property and the total
acreage in all properties served by the pump station and distribution lines.
8. WATER QUALITY. Neither Owner or its successors and assigns shall make any
cross-connection or tie in or allow a cross-connection to exist between pipes or conduits
carrying domestic water supplied by any public or private water service system, and any pipes,
cunduits or fixtures containing or carrying any used water, irrigation water, or any water or
substance from any other source whatsoever, without prior approval of NMID.
9. NO LIABILITY FOR LACK OF WATER. The parties acknowledge that the
availability of irrigation water is not always reliable. Irrigation water may not be available due
to drought, harsh weather conditions, governmental actions or other causes. District shall have
the right to shut off the irrigation water supply to the Subject Property or any part thereof, at any
time, without notice, for repairs or any other maintenance and operation procedures, including but
not limited to the end ofthe irrigation season. District shall have no liability whatsoever to Owner,
a tenant or others for any damages to, or loss of lawns, landscaping or the like caused from
shutting off the irrigation water supply or for lack of water.
10. SUPPLEMENTAL WATER. Supplemental water (water provided both before and
after the regular irrigation season) may be provided to the Subject Property by the City of
Meridian. The City of Meridian will not charge NMID for any of the costs associated with the City
uf Mt:ridian providing supplemental water to the Subject Property.
11. ENTIRE AGREEMENT. This Agreement contains the entire agreement between
the parties hereto with respect to the subject matter of this Agreement.
12. GOVERNING LAW. This Agreement shall be construed under, and governed
by, the laws of the State of Idaho.
13. BINDING EFFECT. This Agreement shall bind the parties hereto and their
respective heirs, personal representatives, successors and assigns.e
PUMP STATION OPERATION AND MAINTENANCE AGREEMENT - Page 3
IN WITNESS WHEREOF, the parties have hereunto caused their names to be
subscribed this _ day of , 200_
THE CITY OF MERIDIAN
By
Tammy deWeerd, Mayor
By
City Clerk
NAMPA & MERIDIAN IRRIGATION DISTRICT
By
ATTEST:
Pl JMP STATION OPERA nON AND MAINTENANCE AGREEMENT - Page 4
STATE OF IDAHO )
) ss:
COUNTY OF Ada )
On this day of ,200_, before me, the undersigned, a notary
public in and for said state, personally appeared TAMMY DE WEERD and
, Mayor and City Clerk of the City of Meridian, know to me to the
Mayor and City Clerk of the City of Meridian that executed the foregoing 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 in this certificate first above written.
Notary Public for the State of Idaho
Residing at , Idaho
My commission expires:
STATE OF IDAHO )
) ss:
COUNTY OF CANYON )
On this day of , 200_, before me, the undersigned,
a Notary Public in and for said State, personally appeared
and , known to me to he the Presiclent :md Secretary,
respectively, of NAMP A & MERIDIAN IRRIGATION DISTRICT, the irrigation district that
executed the foregoing instrument and acknowledged to me that such irrigation district 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
My Commission Expires:
, Idaho
PUMP STATION OPERATION AND MAINTENANCE AGREEMENT - PAGE 5
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. ", NO. 374 P. 2
MASON 8: ASSOClr;TES
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FOR::, :, Meridian Patks
JOB. NO.: JY'0205
DATE: ,Au.gum 15, 2006
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PUMJ.! STATION, ;...'
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; An eaSement iymg in Lot 2, Block 4 of Tricia' s Ctossingbe~ a Portion of'~ NEIJ4 ;~on 4,
Townsbip3 North, Range 1 West, Boise Me..<r'i.dian, Ada County Idaho, rnorepaiticu1arly described
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Com~mgat the southeast comer of said NEl/4 II1on~ea:M1b a 3-mch brass Qisk;.
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Thence N. 000.38'21" E., a distanc~ qr263.00 feet alonglhe eaSt boundary ofsaidNE1/4 to a 5/8,
inch iron pin; " "'i' :'
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Th~ce N. 89~' 18' 23"" W.. a distance of 710.28 feet along the sO~ bouudaty DfTricla's
SWdivi$ionNo. 2m apoint on the no~rly ooundary of1rlcla's Cross~sa1d}Xlim .
mon~ with a 518 inch iron pin; " , :.: '. : ';; ,
Thence N. 510Al' 4:5" W., a distance "f613.96 feet alCllg SJrld tiortherly boUndaty of Tricia's
CrC!ssing,to the northeasterly comer of said Lot 2, said comerm~n~entedwitb. a l/2lrlch iron:pin;
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; Th~eN: 57~4i' 45"W., a distance of48.05 f~a:lo~the~Po1mdary ofsUdLcl2 to
" the POINT OF BEGINNING; '". , ,.;, " ,,' , '
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Thence S. 320 18' 15'" W., a distaY~e of 60.97 teet to a point;>
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. Thep.ceN. Sr41 45 W.~ a dist.ane-e of 24.00 teet to apoint; ,
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Thence N. 32Q 181 15~' E., a distance of 60.97 feet to a point;
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Thence S,. 570,41' 45" E., a dis'"L.lD.ce of 24.00 feet to -the :POINT OF :B~INNING.
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, 5mw~CT TO: All cxk-ting cig:,'1.ts of v..-ay and easements ofrecotd or implied afi~iDg 00. the
aoove-&;scrlbed parcel of land. . "
EXHlalT A
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BILL OF SALE FOR PUMP STATION IN SEASONS PARK
KNOW ALL MEN BY THESE PRESENTS, That on this day uf
,200_, THE CITY OF MERIDIAN, an municipal corporation,
hereinafter referred to as "Seller", for good and valuable consideration, the receipt of which
is hereby acknowledged from NAMPA & MERIDIAN IRRIGATION DISTRlCT,
hereinafter referred to as "Buyer", and does by these presents Grant, Bargain, Sell and
Convey unto Buyer, and its successors and assigns, the personal property listed as follows:
The pump station, pumps, electrical panels and related fixtures located in
Seasons Park, a legal description of the location of the pump station is more
particularly described in Exhibit A attached hereto and incorporated herein by
reference.
TO HAVE AND TO HOLD the same to Buyer, and its successors and assigns
forever; and Seller does covenant and agree to and with Buyer, and its assigns to
WARRANT AND DEFEND the sale of said property, goods and chattels hereby made, unto
Buyer and its successors and assigns, against all and every person and persons whomsoever,
lawfully claiming or to claim the same.
IN WITNESS WHEREOF, Seller does hereunto set its hand the day and year first
above wrilten.
THE CITY OF MERIDIAN
By
Tammy de Weerd, Mayor
By
City Clerk
BILL OF SALE - PAGE 1
STATE OF IDAHO )
) ss:
COUNTY OF Ada )
On this day of , 200_, before me, the undersigned, a
notary public in and for said state, personally appeared TAMMY DE WEERD and
, Mayor and City Clerk of the City of Meridian, know to me to the
Mayor and City Clerk of the City of Meridian that executed the foregoing instrument and
acknowledged to me that the City of Meridian executed the same.
IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed my official seal,
the day and year in this certificate first above written.
Notary Public for the State of Idaho
Residing at , Idaho
My commission expires:
BILL OF SALE - PAGE 2
5.2006 1:21PM
MASON & RSSOCIRTES
NO~374" ' P.2'
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FOR:. ;" ~n;Jm Parks
lOB:NO~: rY0205
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DATE; August 15, 2006
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PUMP STATIQN ," ", ..' , ",'
:E,.I~.SEIM],;NT DESCRJPTION,
; A.neaSeni.ent i~ in Lot 2, Block 4 of Trida's Crossingbeiilg a porlion of1be NEIJ4 '~on 4,
Township 3 North, Range 1 West, Boise Meridian, Ada County Idaho, rrioreparticuJarly described
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Comm.enc~atthe southeast oomer of said NEl/4 monumepted~tl1 a 3~inC~~ disk;
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Thence N'.Ooo38~,21" E., a di5lance of263.00 feet alongme'C;tstboundary ofsaidNEl/4 to a5/S,
inchironpiIl;, ' "i, . i
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Thence N.890'lS' 23""W., a distance of 'l16.28 foolalong the stnitb bouudaty Of Tricia's
, SubdivisioD.No~ 2ioapoint on the northerly ootmdary ofTrlcla's CiosS111f.s8id.poim ,
monummtechvith a 5/8 inch iroo. pin;' ". ,! ,; ':; , " ", " .,' "
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'!'heAceN'. 57041' 45" W., a distance I~f 613.96 feet aloug ~dJ1OrtherlY boUnda!.y of Tricia's
Crossmgto the,northeasterly comer or said Lot 2, sOO.d comer mon11iIlented.wiih a 112lllch iron pin;
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, Thence N"~' 57041~: 45~ W., a distance of 48.05 feet alOtigtix:~ bOur:m:rY ofs;BdLot 2 to
~ POOO OF BEGINNlNG; , , . . , '
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Thence S. 320 18' 15~W., a distanc~ of 60.97 feetto a point;'
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. Thence N. S~. 41' 45" W., Ii distanCe of 24.00 feet to ,a POint; ','
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Thence N. 32Q lS. 15~' E., a distance of 60.97 feet to a pOint;
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. Thence 5.57041~' 45" E., a distance of 24.00 feet to _ POINT OF BEGIN1'(.ING.
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above-described parcel of land. , ,', .
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EXHIBIT A
.15.2005
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