HomeMy WebLinkAboutIrrigation System Connection Agreement with Settlers Irrigation for North HickoryADA COUNTY RECORDER J. DAYIO NAYARRO AMOUNT 30.00 10
BOISE IDA'NO 10/09/08 11:51 AM
R#CORDEDa~REQUEST OF III IIIIIINILI'IIIIIIII'IIIIIIIII ILI III
Molfalt Thomas 10811.,2682
R!:'C()RDl+~~G RF,.Q(IISTED RY ~71VD
WRENRECORDF_!) RF;T(JRN TO:
Moffatt, Thomas, Barrett; Rock ~
,Fields, Chartered
IQI S. Capitol Boulevar~t .70th Floor
Post Ogee Box c429
:Boise, Idaho 83701-08?.9
(Space Above For Recorder's Use)
IIBRIrAT~()N SYSTEM C®NNECTI®N AGI2I/ElV)I>ENT
This Irrigation System Connection Agreement ("Agreement") is dated this
~-day of ~ ° , 2008, by and between SET1'L,ERS IiiRIGATI®N IDISTRIC'I',
an irrigation district. organized and existing under and by virtue of the laws of the State of Idaho;
whose address is P.O. Box 7577, Boise, Idaho 83707, and the CITY OF MiRIDIAN, a municipal
corporation organized and existing under and by virtue of the laws of the State of Idaho, whose
address is 33 East Idaho Avenue, Meridian, ldaho 83642.
In addition to the other capitalized terms defined herein, this Agreement contains
certain words which sha11 have the following' meanings:
(a) "Settlers" refers to SE"TILERS IRRIGATION DISTRICT, an irrigation
district organized and existing under and by virtue of the. Laws. of the State
of Idaho.
(b) "City" refers to the CITY ®F MERIDIAN, a municipal corporation
organized and existing under and by virtue of. the laws of the State of
Idaho.
(c) "Property" refers to the real property depicted in Exhibit A, attached
hereto and made a part•hereof by this reference.
IRRIGATION SYSTEN9 CONN-ECT1®N AGREEMENT - l Client:982368.2
WITNESS]E'I'H:
WHEREAS, City owns that certain real property, situated in the Southwest
Quarter of the Northeast Quarter of Section 8, Township 3 North, Range 1 East, F3oise Meridian,
City of Meridian, Ada County, Idaho, commonly known as 1100 N. Hickory, which. property is
depicted on Exhibit A (the "Property'');
WHEREAS, the Aroperty is located within the boundaries of Settlers Irrigation
District;
WHEREAS, City desires to provide the Property with a pressurized irrigation
system;
NOW, THEREFORE, in consideration of the promises and the mutual benefits,
representations, covenants, undertakings, and agreements hereinafter contained and for good and
valuable consideration received by the parties, which consideration and the sufficiency thereof is
hereby acknowledged by the ,parties hereto, Settlers and City represent, covenant, undertake, and
agree as follows:
AGI2EEIVIEN'I'S
Statutory Authority. This Agreement is made pursuant to and under the
authority of Idaho Code Sections 43-330A through 43-33OG (the "Act")
2. Tie-ln to Existing Pressurized Irri ation System. City shall connect its
irrigation lines for landscaping of the Property to the existing pressurized irrigation system
owned by Settlers, including the pumpstation located at l 100 N.. Hickory, in accordance with
engineering specifications required by Settlers.
The City shall be provided. with irrigation water from Settlers in accordance with
the limitations and requirements set forth in the Agreements recorded as .Instrument Nos.
100056953 and 103199774, with. the following exceptions:
BRRIGAT[ON SYS'1'F.1~9 CONNECTI®N AGREEMENT -2 ciientsazsss.z
(a) Settlers will not require its inspection of the City's pressurized irrigation
system downstream of the curb stop valve, which shall be the point of connection.
(b) The City shall maintain the pressurized irrigation system downstream of
the curb stop valve.
1~lssessments_for Water. Settlers shall have available for inspection by fhe
City information on scheduled. water assessments and the rules and regulations in connection
with the provision of water, including the termination thereof. Settlers shall bill such water
assessments and shall collect such water assessments from the City pursuant to state law.
4. Operation and Maintenance of Pressurized Irri atg_ ion System; Assessment
for Operation and Maintenance. Settlers may levy and collect annual assessments against the
Property served by the pressurized irrigation system to defray the cost and expense of such
operation, maintenance; repair, or replacement, both present and future, and as provided for in
Settlers' published Pressurized Irrigation System Specifications. Pursuant. to :state law, .Settlers
shall bill such operation and maintenance assessments and shall collect such operation and
maintenance assessments from the City.
No Liens. City shall allow no liens as a result of any labor performed or
materials supplied in connection with City's activities to attach to the Pressurized Irrigation
System or to any adjacent lands held by Settlers.
6. Limitations on Liability: Attorney Fees. The parties hereto agree that
nothing herein contained shall be construed to create a joint venture, ;partnership,, or other similar
relationship which might subject any party to liability for the debts and/or obligations of the
others, except as otherwise expressly agreed in this Agreement. No director, officer, staff
member, agent, or designee of Settlers shall incur any liability hereunder to City, Utility, or any
other party in such person's individual capacity by reason of such person's actions hereunder or
IRRIGATION SYSTEM CONN'ECTI®N AGREEMENT-3 ClienL982368.7
execution Hereof. I.n the event any party hereto shall bring any action to enforce a breach of. this
Agreement, the prevailing party shal be entitled to recover reasonable costs and attorney fees
from the nonprevailing party, including any fees and costs on appeal.
7. .Professional. Fees. City agrees to promptly pay all engineering costs or
irrigation consulting fees incurred by Settlers relating to design review and inspection of the
Pressurized Irrigation System. City also agrees to promptly pay all legal expenses incurred by
Settlers relating to the negotiation, preparation, and execution. of this. Agreement. It is expressly
agreed that Settlers shall not be responsible for the payment of said costs or fees.
Entire Agreement. This Agreement contains the entire agreement between
the parties hereto with respect to the subject matter of this Agreement. Amendments to this
Agreement shall be made only by written instrument executed by each and all of the parties
hereto.
9. Binding Effect. Phis Agreement shall bind the parties hereto and their
respective heirs, personal representatives, successors, and assigns and shall also constitute a
burden upon and appurtenance to the Property.
1 U. Severability. (f any part of this Agreement is held to be illegal or
unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be
given effect to the fullest extent reasonably possible.
11. No Waiver. The failure of a party to insist on the strictperformance of
any provision of this Agreement or to exercise any right or remedy upon a breach hereof shall
not constitute a waiver o:f any provision of this Agreement or limit such party's right to enforce
any provision or exercise any right.
12. Governine Law. This Agreement shall be construed under and governed
by the laws of the State of Idaho.
IRRIGATION S'4'STE1~I C®NNECTION AGREEMENT - 4 Client:962368.2
13. ReQresentations of Parties.
(a) Settlers. Settlers represents and warrants that: (i) it is an irrigation district
organized and existing under and by virtue of thelaws of the State of Idaho; (ii) it has the
capacity to enter into and perform it's obligations under this Agreement; (iii) a!t organizational
and other actions required to authorize it to enter into and perform this Agreement have been.
properly taken; and (iv) this Agreement .has been properly executed. and delivered by Settlers and
is valid and binding upon Settlers in accordance with its terms.
(b) Ci ~. City represents and warrants that: (i) it is an Idaho municipal
corporation in good standing with the State of Idaho; {ii)'t has the capacity to enter into and
perform. its obligations under this Agreement; (iii) aU actions required to authorize City to enter
into and. perform this Agreement have been ,properly taken; (iv) this Agreement has been
properly executed and delivered by City and is valid and binding upon City in accordance with
its terms; (v) it has obtained all permits, licenses, and acknowledgments required to conduct the
activities to be performed under the terms of the Agreement; and (vi) City is record owner of fee
simple title to the Property.
14. Citv's .Authorization of Si nature. City hereby warrants that the person(s)
signing this Agreement have been authorized to do so by City. .
I5. Notices. All notices, demands, requests, and other communications under
this Agreement shall be in writing and shall be deemed properly served or delivered if delivered
by hand to the party to whose attention it is directed or, when sent by mail, three (3) days after
deposit in the United States mail, postage prepaid, addressed as follows:
SETTI,E[iS IRRIGA'I'1®N DISTRICT
P.O. Box 7571 '
Boise, Idaho 83707
IRRIG.~TION SYSTEiYI C®NNECTION AGREEMENT - S Cliente82368.2
CITY OF MERIDIAN
33 East Idaho Avenue
Meridian, Idaho 83642
Each party may change its address for delivery by written notice in the manner
provided herein.
16. Recotdin~. This Agreement shall be recorded upon execution in the office
of the county recorder for each county in which any portion of the land coveted by the
Agreement is located.
IN WITNESS WI-IEREUF, the parties have. hereunto caused their names to be
subscribed to this Agreement of the date first set forth above.
CITY ®F
Attest:
ity C1
Attest:
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(written name)
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~~' ~ ~ ' LERS IRRIGATION DISTRICT
By
Tom ~ avis, President
of its Board of Directors
Ui.4.N~.~ `Y.ft~.
Vicki Keen, Secretary
C-tRIGATIUN SYSTEM CONNECTHON AGREEMENT - 6 Gient:9s236S.2
STATE OF IDAHO
ss.
County of Ada )
On this _ day of >~~~ , 2D08, before m a Notar Public
in and :for said state,personally appeared r"~ `~f kno~w~n or id~tified to
me to be the ~- ~,d.. of CITY ®F MERIDIAN, the person who
executed the instrument on behalf of CITY OF' MERlDIQ.N, and acknowledged to me that CITE' ®F
MERIDIAN, executed the same..
IN WITNESS WHEREOF, l have hereunto set my hand and affixed my official
seal the day and year in this certificate first above written.
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NOTARY PU'BLLC I~OR IDAHO
Residing at ~t''~ ~ - __ _ _~ ~T ~
My Commission Expires ~, C~~-11-t 1
STATE OF IDAHO
ss.
County of Ada )
h
On this ~~'" day of ~/~ T , 2008, before me, the undersigned
Notary Public in and for the said state, personally appeared ToM nwls, known or identified to
me to be the President of SETTLERS IItRIGATiON DISTRICT, the person who executed the
instrument on behalf of SETTLERS tRRIGAT[ON DISTRICT, and acknowledged to me that
SETTLERS IRRIGATION DISTRICT executed the same.
IN W1T'NESS WHEREOF, l have hereunto set my hand and affixed my official
seal the day and year in this certificate first above written. /
NOTARY PUB FOR IDAHO
Residing at
IVIy Commission Expires
1RRIGA"~'ION SYSTEM CONNECTI®N AGREEMENT - 7 Clientsszsss.2
STATE OF IDAHO
ss.
County of Ada )
On this "~ day of ~ ~ , 2008, before me, the undersigned
Notary Public in and for the said state, personally appeared V[CI{I KEEN, known or identified to
me to be the Secretary of SETTLERS IRR[GA'Tl®N DISTRICT, the person who executed the
instrument on behalf of SETTLERS IRRIGATION DISTRICT, and acknowledged to me that
SETTLERS IRRIGATION DISTRICT executed the same.
IN WITNESS WE-fEREOF, I have Hereunto set my hand and affixed. my official
seal the day and year in this certificate first above written. ~,~"°°„ ,~ j e
NOTARY Ph I~ FOR IDAHO
Residing at ~~~
My Commission Expires ~
IRRIGATION SYSTEM CONNEC'T[ON AGREEMENT - 8 C~ient:ss29ss.z
EXIIIBII' A
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Client:982368.2
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