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HomeMy WebLinkAboutLicense Agreement with Settlers Irrigation for Flush Line Discharge into Settlers Southside Canal~~i~E IDIAN~- ~11b1iC IDAHO Works Department .~--- TO: Mayor Tammy de Weerd Members of the City Council FROM: Roxanne Holland, E.I.T. Mayor Tammy de Weerd CHy Camdl Mernf~ Ke~h $irtt Brad Hoaglun Charles Rountree David Zarem6a DATE: November l3, 2009 SUBJECT: LICENSE AGREEMENT WITH SETTLERS IRRIGATION DISTRICT FOR FLUSH LINE DISCHARGES INTO SETTLERS SOUTHSIDE CANAL I. RECOMMENDED ACTION A. Move to: 1. Approve the license agreement with Settlers Irrigation District to allow the City to discharge water from the Weli #16 flush line into Settlers Southside Canal; and 2. Authorize the Mayor to sign the agreement II. DEPARTMENT CONTACT PERSONS Tom Barry, Director of Public Works 489-0372 Warren Stewart, PW Engineering Manager 489-0350 Kyle Radek, Asst. City Engineer 489-0343 Roxanne Holland, Staff Engineer (Project Manager) 489-0347 IiI. DESCRIPTION A. Background During previous fiscal years water system flush lines were installed at Well #16. During an inventory of current license agreements for flushing stations, it was discovered that an agreement did not exist for this well site. The- flush line Page 1 of 2 (~ (~ , /C ~~ l /~ 'i~° ~ allows the water system to periodically be cleaned out by releasing or flushing water at high velocity into Settlers Southside Canal. B. Proposed Pro,~ect The proposed license agreement with Settlers Irrigation District will allow the City to operate this flush line that was previously installed in a mutually agreed manner between the City and Settlers Irrigation District. IV. IMPACT A. Strategic Impact: This agreement is in alignment with Strategic Initiative WA-8: Enhance and protect water quality. The license agreement will allow flushing operations to occur at Well #lb. B. Service/Delivery Impact: This license agreement will allow regular flushing at the above mentioned well site, which wilt maintain the quality of water delivered to customers. V. ALTERNATIVES A. The City could shelve the license agreement with Settlers Irrigation District and remove the ability to operate the flush line at Well #16. Doing so would likely result in a decrease in water quality of water delivered from the well. VI. LIST OF ATTACHMENTS A. License Agreement with Settlers Irrigation District Approved for Council Agenda:, fi''` 1 1 a D e Page 2 of 2 R~C(~RDING LtEQUES'lED BYA1V17' It't1F~' ~®1t~Ft? RETURN T4: 14~o„~"att, Thomas,. Barren, Rocfi c~ ~`ietds, Chartered 101 S C.a~itot Bozalevara~ IOth Floor Post D~CB BOX $ :Ba~ise, Idaho 83701-0$29 ADA-i~U{~'I'Y REt~1RDl~ d, I~4~iD NA'~liRRO Ad~OII#T ~1~ 13 BASE fttAH012117/!>9 Q4:2~ P(~ ~~ ~>~ ;~ X41 I~~II~~~Il1111i~~ll~~(1~111~1~ Moffatt & Them LOS ~~J'i ~~ ~Spgee Above Fdr Recardei's Use) LIICENSE AGREENtENT F4TR CT'TY C?F IVIF.RI,DIAN'S T'QTABLE'WA~'ER DP~CHARGE LINE FR~UM WALL N0.16 INTt) SET'TLERS`S~17TI~TSIDE CANAL 'Phis license Agreement far City of Meridiata's Potable Water Discharge Lzrre ~Erom R~ell Igo. I6 into Settlers Southside Car-a1 {flee "Agreement"} is entered into anal made eff'ectiwe this ~ ~~ day of ~ , 2009, by and between SETTLERS IItRTGATLON DISTRYCT, an irrigation district organized and existing under and by virtue of the Iaws afore State of Idaho, whose address is Post ©ffice Box 7571, Boise, ldaha 83707, and CITY ~I~' 1tIERIDIAN~ a municipal corporation organized az~d existing under and by virtue of'the laws of the State Qf Idaho, whose address is 33 East Broadway Avenue, Meridian; Idaho $3642: IIEFINITONSs In addition to the ether capitalized terms defined herein, this Agreement contains certain words wh%ch shall have the folio~rin;g meanir~s: ~a) `°City°' refers tp CTTV ~F 1VtE&tIDLp-N, a intrncipal corporation organized and ex"isring under and by virtae of the Laws ofthe State of Idaho. ~) - "Settlers" refers to SETTLERS IRRiGATIt1N DISTRICT, an irrigation district organized anii existing under and by virtue of the laws of the State of Idaho. LICENSE AGREEMENT FUR CITY OF MERIDIAN'S PUTAEBLI~ WATER IkiSCIIARGE LINE FROM WELL NO. I~. INTG SETTLERS SC3IITIiSIDE LANAI. - I I $5.63 - Clienta4187Q0.1 (c) "Property" refers to the real property situated within a portion of the Southwest Quarter of the Northeast Quarter of Section 8, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, ldaho, as depicted in Exhibit A-Vicinity Map, attached hereto and made a part hereof. (d) "Specifications" means Settlers' standard engineering drawings on file with Settlers, and the statements describing the materials, dimensions, and workmanship for the construction to which reference is made in the plans, maps, drawings, and notes listed in Exhibit B, attached hereto and made a part hereof. WITNESSETH• WHEREAS, Settlers awns and maintains a system of canals and laterals, including the Settlers Southside Canal, also knows as the Settlers Canal (hereinafter the "Settlers Southside Canal"), for purposes of delivering and removing irrigation water to and from its landowners, together with easements to convey water in such canals and laterals; easements for ingress and egress; and easements for the operation, inspection, maintenance, and repair of the canals and laterals; WHEREAS, City is record owner of fee simple title to the Property; WHEREAS, the Property is located within the boundaries of Settlers Irrigation District; WHEREAS, City desires to obtain a license from Settlers in order to own, operate, and maintain an existing eight inch (8") buried potable water discharge pipeline, which pipeline will originate at its connection to City's Well No. 16, located on the Property, and will continue across the Property until it reaches the Settlers Southside Canal; WHEREAS, Settlers desires to grant the license to City for the purposes of owning, operating, and maintaining the .eight inch (8") buried potable water discharge pipeline; LICENSE AGREEMENT FOR CITY OF MERIDIAN'S POTABLE WATER DISCHARGE LINE FROM WELL NO. 16 INTO SETTLERS SOUTHSIDE CANAL - 2 22155.63 Client: tat s~ao.t NOW, THEREFORII, in consideration of the mutual benefits to be received by Settlers and City, and other good and valuable consideration, which consideration is hereby acknowledged by the parties, and the promises, covenants, agreements, and conditions hereinafter set forth, the parties agree with one another as follows: AGREEMENTS: Grant of License. Settlers hereby grants to City a license (the "License") for the purposes of owning, operating, and maintaining an existing eight inch (8") buried potable water discharge pipeline, which pipeline will originate at its connection to City's Well No. lb, located on the Property, and will continue across the Property until it reaches the Settlers Southside Canal. It is acknowledged and agreed by the parties that said discharge pipeline shall only convey potable water discharged from the City's Well No. 16. In the event that the potable water flows are commingled with any stormwater discharges or other urban runoff, Settlers shall have the eight to restrict or completely shut-off all discharge flows. It is further acknowledged and agreed by the parties. that the City shall provide Settlers with written notice at least forty-eight (48) hours prior to discharging potable water from City's Well No. 16 via its eight inch (8") water main pipeline into the Settlers Southside Canal and such discharges shall be limited to the irrigation season only, between April I and October I S of each year. Such potable water discharges shall not exceed a rate of 2,000 gallons per minute for a time period not to exceed twenty (20) minutes during any given discharge event {roughly a total of four (4) cubic feet per second). Settlers shall have the right, in its absolute and sole discretion, to refuse permission to the City upon its receipt of the City's 48-hour written LICENSE AGREEMENT FOR CITY OF MERIDIAN'S POTABLE WATER DISCHARGE LINE FROM WELL NO. 161NT0 SETTLERS SOUTHSIDE CANAL - 3 22155.63 Gient: tat 9700. t notice to discharge. Settlers shall communicate such refusa{ to City in writing prior to expiration of Gity's 48-hour discharge notice. 2. Restrictions on License. City expressly acknowledges and agrees that this Agreement does not grant City the right to install any property, utilities, equipment, improvements, ar other facilities, except as may be described in this Agreement, or the right to impair any rights of Settlers or others in the use of the Settlers Southside Canal. This grant of the License is expressly conditioned upon the prior receipt by City of any and all necessary approvals from governmental entities and private parties for its activities to be performed under the terms of this Agreement. City expressly acknowledges that, notwithstanding City's assumption of certain responsibilities and receipt of certain rights under this Agreement, Settlers does not relinquish its ownership rights in any portion of its facilities, including the Settlers Southside Canal. Term of Grant of License. The term of the License shall commence upon the effective date of this Agreement and shall continue for so long as City is in compliance with the terms of this Agreement. Settlers may revoke the License granted hereunder should City at any time fail to comply with the teens and conditions of this Agreement; provided, however,. that Settlers delivers to City written notice of such failure and City fails to cure the lack of compliance within fifteen (15) days of delivery of such written notice. 4. Recognition of Existine Easement for the Settlers Southside Canal. City hereby recognizes an existing easement for the Settlers Southside Canal comprising a total width between fifteen feet (15'} and thirty-five feet (35') as more particularly depicted on the Plat of Gemtone Center No. 1, recorded with the Ada County Recorder on March 8, 199b, as Instrument LICENSE AGREEMENT FOR CITY OF MERIDIAN'S POTABLE WATER DISCHARGE LINE FROM WELL NO. 16 INTO SETTLERS SOUTHSIDE CANAL - 4 22 155.63 CtieM~ 1419700.1 No. 9b020072 (the "Existing Easement"). Such Existing Easement exists for the purposes of conveying water in the Settlers Southside Canal and for ingress and egress in order to operate, repair, and maintain the Settlers Southside Canal. 5. Operation, Maintenance, and Repair of Improvements Impacting the Settlers Southside Canal. It is recognized by Settlers that maintenance, repair and/or replacement of the eight inch (8"} buried potable water discharge pipeline discharging into the Settlers Southside Canal, under the terms and conditions of this Agreement, may be necessary subsequent to the execution and recording of this Agreement. In the event that City desires to perform any maintenance, repair and/or replacement of such improvements, it acknowledges and agrees that the prior written consent of Settlers is required prior to commencement of any such maintenance, repair and/or replacement of the improvements within the area of the Settlers Southside Canal or its corresponding Existing Easement. b. Prohibition of Stormwater Discharge Outlets into Facilities. Notwithstanding anything to the contrary contained in this Agreement, it is hereby acknow edged and agreed by the parties hereto that Settlers does not approve, authorize, permit, allow, or accept any stormwater discharge into any facility owned, operated, and/or maintained by Settlers, whether it be a pipe, conduit, culvert, canal, lateral, drain or other ditch. Also, City agrees to not construct, or allow the constflaction of, any facilities capable of conveying stormwater discharges into any facility owned, operated, and/or maintained by Settlers. 7. Indemnity. City agrees to protect, defend, indemnify, and hold Settlers and its officers, directors, employees, members, and agents harmless from and against any and all liability, suits, losses, damages, claims, actions, costs, and expenses of any nature, including LICENSE AGREEMENT FOR CITY OF MERIDIAN'S POTABLE WATER DISCHARGE LINE FROM WELL NO. lb 1NT0 SETTLERS SOUTHSIDE CANAL - 5 22 i 55.63 Cliept: t419700. t court costs and attorney fees, arising from or out ofany acts or omissions of City, its agents or contractors, related to or in connection with (a) its use of Settlers' facilities and/or systems; (b) use of the easements of Settlers; (c}any activity under this Agreement; and (d} the exercise of any privileges or performance of any obligations by City hereunder. Furthermore, City agrees to protect, indemnify, and hold Settlers and its officers, directors, employees, members, and agents harmless from and against any and all liability, suits, losses, damages, claims, actions, costs, and expenses of any nature, including court costs and attorney fees, arising from or out of water quality violations, flooding, or any interruption or interference with the flow of water in the Settlers Southside Canal caused by any act or omission of City, its agents, or contractors. 8. Permits. City represents that it has obtained alt permits, licenses, and acknowledgments required to conduct the activities to be performed under the terms of the Agreement. 9. 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. In the event of any suit or proceeding by either party herein against the other party arising out of this Agreement or in connection with the activities of City, or its agents or contractors, under this Agreement, -the nonprevailing party in such suit or proceeding shall pay to the prevailing party such sum or sums as the court shall adjudge reasonable for attorney fees and costs, including such fees and costs on appeal. LICENSE AGREEMENT FOR CITY OF MERIDIAN'S POTABLE WATER DISCHARGE LINE FROM WELL NO. 161NT0 SETTLERS SOUTHSIDE CANAL ~ b 22155.63 Client:1419700.1 10. Further Consideration. City recognizes that the License herein granted is for its benefit, and not for the benefit of Settlers, and, for that reason, agrees to promptly pay all engineering costs and legal expenses 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. t 1. 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 of the parties hereto. l2. Binding Effect. The promises, covenants, conditions, and agreements herein contained shall be binding on each of the parties hereto and on all parties and all persons claiming under them or any of them; and the rights and obligations hereof shall inure to the benefit of each of the parties hereto and their respective successors and assigns. 13. Severability. If 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. l4. Na Waiver. The failure of a party to insist on the strict performance of any provision of this Agreement or to exercise any right or remedy upon a breach hereof shall not constitute a waiver of any provision of this Agreement or limit such party's right to enforce any provision or exercise any right. 15. Interpretation. The validity,. meaning,. and effect of this Agreement shall be determined in accordance with the laws of the State of Idaho. LICENSE AGREEMENT FOR CITY OF MERIDIAN'S POTABLE WATER DISCHARGE LINE FROM WELL NO. l6 INTO SETTLERS SOUTHSIDE CANAL - 7 22155.63 Client~1419700.1 16. Representations and Warranties. (a} Settlers. Settlers represents and warrants .that: (i) it is an irrigation district. organized and existing under and by virtue of the laws of the State of Idaho; (ii) it has the capacity to enter into and perform its obligations under this Agreement; (iii) all organizational and other actions required to authorize Settlers 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) City. City represents and warrants that: (i) it is a municipal corporation organized and existing under and by virtue of the laws of the State of Idaho; (ii} it has the capacity to enter into and perform its obligations under-this Agreement; (iii) alt 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. 17. City's Authorization of Signature. City hereby warrants that the person signing this Agreement has been authorized to do so by City. 18. Notices: All notices permitted or required to be given under the terms of this Agreement shall be in writing and shalt be deemed effective upon receipt if sent by first class mail, postage prepaid, and addressed to the respective party hereto as follows or at such other address as a party designates in writing. LICENSE AGREEMENT FOR CITY OF MERIDIAN'S POTABLE WATER DISCHARGE LINE FROM WELL NO. 16 INTO SETTLERS SOUTHSIDE CANAL - S 22155.63 ClienY.14 7 97Q0. t SETTLERS IRItI~ATItI~N DISTRICT Post Office Box ?~71 $oisea Idaho 8$7ti7 CIT't' OF 1t~ERIpTAN 33 East Broadway Avenue Meridian, Idaho S3b42 Each party may change its address for delivery by written notice in the manner provided herein. 19. Recording. This Agreerent shall be reeord~d upon executioc~ in the oi~i'ice of the county Fecorder for each ~ownty ire which any portion of ifte land covered by the Agreement is located. IN WITNESS WHERE{?F, the parties hereto have executed this Agreement the date first set forth above. C~T1~'~!R iV[EItI$~1AN 116W.~Yt. ~;'" , City C`I~I~; By ° ~' ,`~~~~.tctse#~+rrrr~,,,,~~ (written name) tit ~ ~.... 7~ ~ 'r i s \ NF` '~°. ~' IS'I ' ^' ~'~~. Ij'f`~rr ` ``R~,*~ tPttgPp&#1it14ti IRRIGATIC:IPV 1~ISTItIG`I` Tom Davis, President of its Board. of I}irectors Attest: Vicki Keen, Secretary LICENSE AGTtTTrMEN'T' T+C:1.R CITY OF MERTIfT~A1'$ P~TA.BLE WATER DISC'H.4TZGE LINE FRU1ti+I WELL NC3.16 INTO SETT`LEZtS StJI1TtiSIDE CAA'AL - 9 221S3.b3 pie~141974Q.1 "STATE CJl"` IDAHO County of Ada ~ ss. C)n this ~ clay of `~ , ~U09, before Ille;. a hlotary Public in and fir-said stag, persox-ally ~' lad knO~v[t or identifred to xne to be the . ri~~~~~~F= of t~ ~€ID~~, the person: who e~ecttited the mse o~ behs~~f of CXT`Y OF 1tiIEl~DiAN, and acknowledged ~ me that CrrY <F li~EEKtaIAN, e~ecutecl .$ie same: IN WITNESS WHl/REOF, i have hereunto set my hand and a~xeet my official seal the day and year in this certificate first above written. -~~~~ ~~ ; ~~ ~.~ $ ~~;r .~ ~,,~ - % F° ~°~ ~~ ~g i P ~ ~® `~~ s~ ' ~~,~' r ~ _ -,,,A ~~ :~ t ;~ ~ ~~~_ STATE O~ IDAHO ) ss. C:ou of Ada } ~} N A~.~ PIS IC lOl~ IDA~~-O Rending at -a~~:~~- ~y CnnrirYSSion ExRires .~..~~~~ s. On this day of ~~~"' , 20A3, b~fare rr~e, the undersigned Notary Public in and'far said state, persQraally ~pead ~'aNi' DA'1~S knov~m of %dentified ~ nac to be the Fresiderlt of the Board of I3irecto=s of S~TTLI~R~ I~tRIGA'F~01v ~~5~`x~~cT', the person vvho executed the instrument on behalf of the sETfI,ERS IRRIGATION nISTRICT, and acknowledged to me that SETTLERS IRItIG.ATI03~T IIISTR~~"I' executed the same. 11V WITNESS ~VhIEREOF,-I have hereunto set Yny hand anal affi~ced my official seal the day -and yeaz° in this certificate first•above written. 1~TOTARY F~-~;.~C kAI-~~0 Residingat ` ~ -. 1Vly Commission Expires -, - ~'- ~f~~ LTGEk~i3iE A:GR€EIVIEN7f' RQR CITY Ok' MERII)IAN's PUTABLE WATER DISCHARGE LINE FROM ALL N0. 26 INTO 5ETTLERS SUIJTHSIDE CANAL - IO 22135X3 CIIeM;14197t~9.1 STATE OF IDAHO ) SS. COUrity Of` Ada ) On this day of ~.~~~~ , ZQ4g, before me, the unde~si~ned I~totary Public in and for said'state, personally appeared VICI~[} KEEN known or identified to me to be the Secretary of SETTLERS IRRIGATION 1315TRIG°i', the person who executed the nstrumerYt on behalf of the. SETi'LERS IRRIGATION 1315T'RICT, and a~cknovvledged tc> me that SETTLERS IRRiGATI(IlY BISTRIIG°r executed the Same. IN WI°I~FwS'~ /HEREOF, I ~~:~~ hezeunto set m}~ hand and'affixed my official seal the clay and year in this certificate First above tten NOTAR IC FOR IDAHO Residing at ~ = ~ . My Corrimissit>n Expires ~ ~5' Z.Dt~" L}CENSE AGREEMENT F'OR CITY OF MERIDIA.N'S POTABLE WATER T)I~GHABGE LINE ~'1'tt~Aq WELL 1~T0. 26 INTO SETTLERS 50ilT1ISIDE CANAL - i l 22155.63 Ct~~ca41870Q.1 EXHIBIT A Vicinity Map EXHIBIT A ClienYl4 ] 97 W.1 Feet