HomeMy WebLinkAboutLicense Agreement with Ada County Highway District ACHD for Flush Line Discharges in ACHD Storm Drain~~i'~/rE IDIAN~-
Public ~ D A H O
Works Department
TO: Mayor Tammy de Weerd
Members of the City Council
FROM: Roxanne Holland, E.I.T.
DATE: November 13, 2009
Mayor Tammy de Weerd
city ce~dl Mfe~brp
Keith Sird
Brad Hoaglun
Charles Rountree
David Zaremba
SUBJECT: LICENSE AGREEMENT WITH ACHD FOR FLUSH LINE DISCHARGES
INTO ACRD STORM DRAIN FACILITIES
I. RECOMMENDED ACTION
A. Move to:
1. Approve the license agreement with Ada County Highway District (ACHD)
to allow the City to discharge water from the Well #9 flush line into ACRD
Storm Drain facilities located on Franklin Road; 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
A flush line from Well #9 was previously constructed in conjunction with the
Franklin and Meridian Road Project. 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 allows the water system to periodically be
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cleaned out by releasing or flushing water at high velocity into ACHD's Storm
.Drain Facility.
B. Proposed Project
The proposed license agreement with ACRD will allow the City to operate this
flush line that was previously installed in a mutually agreed manner between the
City and ACHD.
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 Weil #9.
B. Service/Deliver~pact:
This license agreement will allow regular flushing at the above mentioned well
site, which will maintain the quality of water delivered to customers.
V. ALTERNATIVES
A. The City could shelve the license agreement with ACHD and remove the ability
to operate the flush line at Well #9. 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 ACHD ; .}
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Approved for Council Agenda: ! ~~-~~
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April 16, 2009
Licensee: City of Meridian
Address: 33 E. Broadway Ave.
Meridian, Idaho 83642
Dear Mayor de Weerd:
Enclosed is the License Agreement for the Franklin Rd well #9 flushing system. Please
have all parties sign and notarize the Agreement and return it to the Ada County Highway
District for signature.
Upon ACRD signature and recording, a copy of the completed License Agreement will be
returned to you.
If you have any questions or concerns, please feel free to contact me at 387-6276.
Sincerely,
7,`z!ie~~e~e ZtJ~te
Development Review Division
ADA County Hwy. District
Enclosure
Ada County Highway District • 3775 Adams Street • Garden Gty, 1D • 83714 • PH 208 387 6100 • FX 345-7650 • waaw.achd.ada.id.us
. ° ,,
~~,.
ADA COUNTY RECORDER d. DAVID NAVARRO AMOUNT .00 13
BOISE IDAH01?J11I09 10:48 AM
DEPUTY llsa Bait
RECORDED-REQUEST OF III IIIIIIIII1011111111111111 III II II
ACRD i ~91379~5E
(space reserved for recording)
Property Management No. 0731 - 2241 - 1209
Parcel: 85672000010
S v7 ~ __ r.
Street: 33 E. Broadway Ave. Meridian, ID 83642
T3N,R1E,S07
LICENSE AGREEMENT
~ THIS LICENSE AGREEMENT (the "Agreements) is made and entered into this
1 ~ day of ~PLerinb~v , 2009, by and between City of Meridian ("Licensee")
and the ADA COUNTY HIGHWAY DISTRICT, a body politic and corporate of the state
of Idaho, ("ACHD").
WITNESSETH:
For good and valuable consideration, the receipt and sufficiency of which is
acknowledged by the parties:
SECTION 1. ~ RECITALS.
1.1 Licensee owns the real property adjacent to the public right-of-way located
in Ada County, Idaho, municipally described as 33 E. Broadway Ave. Meridian, Idaho,
and more particularly described on Exhibit "As attached hereto ("Licensee's Propertys).
1.2 ACRD owns and has exclusive jurisdiction over the public right-of-way
adjacent to Licensee's Property, located in Ada County, Idaho, municipally described as
Franklin Road, Meridian more particularly described and/or depicted on Exhibit "Bs
attached hereto (the "Right-of-Ways).
1.3 Licensee desires a license to use the Right-of-Way for the limited
purposes hereinafter set forth, and, for the consideration and on the terms and
conditions hereinafter set forth, ACHD is willing to extend such license to Licensee.
SECTION 2. LICENSE; LICENSE NOT EXCLUSIVE.
2.1 On the terms and conditions hereinafter set forth, ACRD hereby extends
to Licensee a license on, over, across and under the Right-of-Way for the following uses
and purposes ("Authorized Use") and no others:
MASTER LICENSE AGREEMENT -Page 1
(11 /13/08)
r
Licensee is to maintain existing drain pipe system from City of
Meridian Well #9 to ACHD Storm Drain Facili#ies located on Franklin Rd.
adjacent to 725 W. Franklin Rd. Drain pipe and connection to ACRD
facilities was constructed per ACHD project # 52091.6 -Franklin Road -
Linder to Meridian. Licensee #o discharge approximately 2000 GPM of
potable water for 20 minutes up to twice a year into ACRD Storm Drain
Facilities. Any maintenance, repair or replacement costs lie solely on the
licensee.
2.2 This Agreement does not extend to Licensee. the right to use the Right-of-
Way to the exclusion of ACHD for any use within its jurisdiction, authority and discretion
or of others to the exten# authorized by law to use public right-of-way. If the Right-of-
Way has been opened as a public Highway {as used in the Agreement the term
"Highway" is as defined in Idaho Code § 40-# 09(5)) Licensee's Authorized Use is
subject to the rights of the public to use the Right-of-Way for Highway
purposes. Licensee's Authorized Use is also subject to the rights of holders of
easements of record or obvious on inspection of the Right-of-Way and statutory righ#s
of utilities to use the public right-of-way. This Agreement it is not intended to, and shall
not, preclude or impede the ability of ACHD #o enter into other similar agreements in the
future allowing third parties to also use its public rights-of-way, or the ability of ACRD to
redesign, reconstruct, relocate, maintain and improve its public rights-of-way and
Highways as authorized by law and as it determines, in its sole discretion, is
appropriate.
SECTION 3. CONSTRUCTION. OR INSTALLATION OF IMPROVEMENTS. Any
repairs or maintenance, ofi the Licensee's improvements currently located in the Right-
of-Way or the installation or construction of improvements by Licensee in the Right-of-
Way as permitted by the Au#horized Use, (the "Improvements"), shall be accomplished
in accordance with designs, plans and specifications approved in advance and in writing
by ACHD as required to satisfy applicable laws, its policies and good engineering
practices. In approving such plans and specifications, ACRD assumes no responsibility
for any deficiencies or inadequacies in the design or construction of the Improvements,
and the responsibility therefor shall be and remain in Licensee.
SECTION 4. WAIVER AND ESTOPPEL STATEMENT BY LICENSEE. Licensee
acknowledges and agrees that the license granted herein is temporary, and merely a
permissive use of the Right-of-Way pursuant to this Agreement. Licensee further
acknowledges and agrees that it specifically assumes the risk that the license pursuant
to this Agreement may be terminated before Licensee has realized the economic benefit
of the cost of installing, constructing, repairing, or maintaining the Improvements, and
Licensee hereby waives and estops itself from asserting any claim that the license is in
MASTER LICENSE AGREEMENT -Page 2
{i 1/13/08)
,, ,
any way irrevocable because Licensee has expended funds on the Improvements and
the Agreement has not been in effect for a period sufficient for Licensee to realize the
economic benefit from such expenditures.
SECTION 5. TERM:
5.1 The term of this Agreement will commence on the .~~day of
2009, and will continue until terminated by ACHD, with or without cause,
which termination shall be effective following THIRTY (30) DAYS advance written notice
of termination given to Licensee. Upon expiration of the THIRTY (30) DAYS, ACRD
shall record a Revocation of Master License Agreement in the Official Real Property
Records of Ada County, Idaho.
5.2 If Licensee defaults in the performance of any obligations incumbent upon
it to perform hereunder ACHD may terminate this Agreement and the rights extended to
Licensee hereunder at any time, effective at the end of THIRTY (30) days following the
date ACRD shall provide written notice of termination to Licensee, which notice shall
specify such default(s). Licensee shall have such THRITY (30) day period to correct
and cure the specified defaults, and if so corrected and cured, to the satisfaction of
ACHD, this Agreement shall not be terminated but shall continue in full force and effect.
SECTION 6. FEE. Throughout the term of this Agreement, Licensee agrees to pay
ACRD an~annual fee for the Authorized Use of the Right-of-Way of $ WAIVED, payable
in advance. If this license is terminated under section 5 prior to the end of the period
paid for in advance, ACHD agrees to refund the unearned prorata portion of such
prepaid fee.
SECTION 7. MAINTENANCE• FAILURE TO MAINTAIN• RELOCATION OF UTILITIES.
7.1 At its sole cost and expense, Licensee shall maintain the Improvements in
good condition and repair and as required to satisfy applicable laws, the policies of
ACRD and sound engineering practices. Licensee shall have access over, across and
under the Right-of-Way for the purposes of accomplishing such repair and
maintenance.
7.2 If the Highway on and/or adjacent to the Right-of-Way is damaged as a
result of:
(i) the performance by Licensee of the maintenance required by section 7, or
the failure or neglect to perform such maintenance; and/or
MASTER LICENSE AGREEMENT -Page 3
(11/13/08)
(ii) Licensee's design, installation or use of the Improvements, regardless of
cause;
at its sole cost and expense Licensee shall forthwith correct such deficiency and restore
the Highway and the surface of the Right-of-Way to the same condition it was in prior
thereto, and if Licensee shall fail or neglect to commence such correction and
restoration within twenty-four (24) hours of notification #hereof, ACRD may proceed to
do so, in which event Licensee agrees to reimburse ACHD for the costs and expenses
thereof, including, without limits#ion, reasonable compensation for the use of staff and
equipment of ACRD.
7.3 Notwithstanding the provisions of section 7.2, should an emergency exist
related to the Licensee's use of this license which threatens the stability or function of
the Highway on or adjacent to the Righ#-of-Way or the safety of the public use thereof,
ACRD shall have the right to immediately perform, on behalf of, and at the cost of
Licensee necessary emergency repairs.
7.4 Licensee will be responsible for the relocation of any existing utilities
located on the Right-of--Way as may be required in connection with any construction or
installation of Improvements by Licensee in the Right-of-Way.
SECTION 8. RELOCATION OF IMPROVEMENTS. !f during the term of this
Agreement ACRD requires, in its sole discretion, at any time, and from time to time, that
the Highway on and/or adjacent to the Right-of-Way be widened and/or realigned,
redesigned, improved and/or reconstructed, Licensee hereby accepts responsibility for
all costs for relocating, modifying or otherwise adapting the Improvements to such
realignment and/or relocation and/or reconstruction if required by ACRD, which shall be
accomplished by Licensee according to designs, plans and specifications approved in
advance by ACHD in writing; provided ACHD gives Licensee adequate written notice as
necessary #o allow Licensee to redesign, relaca#e, modify or adapt the Improvements to
the realignment and/or relocation and/or reconstruction of the Highway and also
licenses Licensee such additional area of its right-of-way, if any, as may be necessary
for the proper operation of the Improvements.
SECTION ~. PERMIT. If the proposed construction and installation of the
Improvements, or any reconstruction, relocation or maintenance thereof requires
Licensee to obtain a permit under ACHD policies, Licensee shall first obtain such permit
from ACHD (Construction Services Division) before commencing such work, and pay
the required fees and o#herwise comply with the conditions set forth therein.
SECTI N 1 d. NO TITLE IN LICENSEE. Except as expressly provided herein, the
terms and conditions of this Agreement shah not create any type of property right, title
MASTER LICENSE AGREEMENT -Page 4
(11/13!08)
or interest in Licensee in or to the Right-of-Way other than the right to temporarily use
the same pursuant to the terms of this. Agreement.
SECTION 11. NO COSTS Tp ACHD. Any and all costs and expenses associated with
Licensee's Authorized Use of the Right-of-Way, or any construction or installation of
Improvements thereon, or the repair and maintenance thereof, or the relocation of
Improvements or utilities thereon, or the restoration thereof at the termination of this
Agreement, shall be at the sole cost and expense of Licensee.
SECTION 12. TAXES AND ASSESSMENTS. Licensee agrees to pay all special
assessments and personal property taxes that may be levied and assessed on the
Improvements during the term of this Agreement.
SECTION 13. RESTORATION ON TERMINATION. Upon termination of this
Agreement, Licensee will promptly remove all Improvements and restore the Right-of-
Way to at least its present condition. Should Licensee fail or neglect to promptly
remove the Improvements and restore the Right-of-Way, ACRD may do so, and assess
Licensee for the costs thereof. Provided, ACHD and ,Licensee may agree in writing that
some or all of such Improvements are to remain on the Right-of-Way following
termination, and by entering into such an agreement Licensee thereby disclaims ail
right, title and interest in and to the same, and hereby grants such Improvements to
ACRD, at no cost. Further provided, if the Authorized Use of the Right-of-Way under
this Agreement is for landscaping in ACRD right-of-way and the irrigation and
maintenance thereof, and the general purpose government with jurisdiction has adopted
ordinances, rules and regulations governing the landscaping and maintenance of such
right-of-way by owners of the adjacent property, to the extent such owners are obligated
to maintain and irrigate the landscaping Licensee need not remove the same from the
Right-of-Way.
SECTION 14. INDEMMFICATI N. Licensee hereby indemnifies and holds ACHD
harmless from and against any and all claims or actions for loss, injury, death,
damages, mechanics and other liens, arising out of the failure or neglect of Licensee,
Licensee's employees, contractors and agents, to properly and reasonably make
Authorized Use of the Right-of-Way or properly construct, install, plant, repair ar
maintain the Improvements thereon, or that otherwise result from the use and
occupation of the Right-of-Way by Licensee, and including any attorney fees and casts
that may be incurred by ACHD in defense of such claims or actions indemnified against
by Licensee hereunder. For claims or actions arising out of failures or neglect occurring
during the term of this Agreement, Licensee's obligations pursuant to this section shall
survive the termination of this Agreement.
MASTER LICENSE AGREEMENT -Page 8
(11/13108)
SECTION 15. COMPLIANCE WITH LAW; WASTE AND NUISANCES PROHIBITED.
In connection with Licensee's use of the Right-of-Way, throughout the term of this
Agreement Licensee covenants and agrees to: (i) comply and observe in all respects
any and all, federal, state and local statutes, ordinances, policies, rules and regulations,
including, without limitation, those relating to traffic and pedestrian safety, the Clean
Water Act and/or to the presence, use, generation, release, discharge, storage or
disposal in, on or under the Right-of-way of any Hazardous Materials (defined as any
substance ar material defined or designated as hazardous or toxic waste, material or
substance, ar other similar term, by any federal, state or local environmental statute,
regulation or occurrence presently in effect or that may be promulgated in the future); {ii}
obtain. any and all permits and approvals required by ACRD or any other unit of
government; and {iii) commit no waste or allow any nuisance on the Right-of Way.
Licensee covenants and agrees to indemnify and hold ACRD harmless from and
against any and all claims, demands, damages, liens, liabilities and expenses (including
without limitation, reasonable attomeys' fees), arising directly or indirectly from or in any
way connected with the breach of the foregoing covenant. These covenants shall
survive the termination of this Agreement.
SECTION 16. ASSIGNMENT. Licensee, upon the prior written consent of ACHD, may
sell, assign or otherwise transfer this Agreement. Upon execution of the Assignment,
the assignee assumes all obligations, warranties, covenants and agreements of
Licensee herein contained.
SECTION 17. ATTORNEYS' FIzES, In any suit, action or appeal therefrom to enforce
or interpret this Agreement, the prevailing party shall be entitled to recover its costs
incurred therein, including reasonable attomeys' fees.
SECTION 18. NOTICE. Any no#ice under this Agreement shall be in writing and be
delivered in person, or by United States Mails, postage prepaid, or by public or priva#e
24-hour overnight courier service (so long as such service provides written confirmation
of delivery}, or by facsimile verified by electronic confirmation. All notices shall be
addressed #o the party at the address set fiorth below or at such other addresses as the
parties may from time to time direct in writing by notice given the other. Any notice shall
be deemed to have been given on {a} actual delivery or refusal, (b) three {3) days
following the day of deposit in the United States Mails, {c} the day of delivery to the
overnight courier, or (d} the day facsimile delivery is electronically-confirmed.
If to ACRD: Ada County Highway District
3778 Adams Street
Garden City, Idaho 83714
Attn: Right of Way Division
MASTER LICENSE AGREEMENT -Page 6
(11 h 3/08)
If to Licensee: City of Meridian
Tammy de Weerd
33 E. Broadway Ave.
Meridian, I D 63fi42
{208)868-4433
SECTION 19. SUCCESSORS AND ASSIGNS. This Agreement, the license herein
extended, and the covenants and agreements herein contained shall inure to the benefit
of and be binding upon the parties hereto and their successors and, if consented to by
ACHD under section 1 fi, Licensee's assigns.
SECTION 20. EXHIBITS. All exhibits attached hereto and the recitals contained herein
are incorporated herein as if set forth in full herein.
SECTION 21. RECORDATION. This Agreement shall be recorded by ACRD upon
execution in the Official Real Property Records of Ada County, Idaho.
SECTION 22. Warranty of Authori~+ to Execu,~e.
22.1 The person executing this Agreement on behalf of ACRD represents and
warrants due authorization to do so on behalf b# ACRD, and that upon execution of this
Agreement on behalf of ACHD, the same is binding upon, and shall inure to the benefit
of, ACHD.
22.2 If Licensee is not a natural person, the person executing the Agreement
on behalf of Licensee represents and warrants due authorization to do so on behalf of
Licensee, and that upon execution of this Agreement on behalf of Licensee, the same is
binding upon, and shall inure to the benefit, of Licensee.
MASTER LICENSE AGREEMENT -Page 7
{11/13/08)
• 3
IN WITNESS WHEREOF, the GRANTOR has caused this agreement to be
subscribed
this a~`~ day of 200,.
APPROVED:
Tammy
STATE OF IDAHO
County of Ada
\~~-,,,--u~~,r,,,ll~, ATTEST:
o~ArF ,
MAYOR; ~''~ ° CI CLERK
~E1~L
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~~~~~~rrrn at ------~~~~
ss.
On this aye day of ~~ en,~,r , 200°x, before me a Notary
Public in and for said State, personally appeared Tammy de Weerd and ~,ayr I~olMy~.-~
known to me to be the Mayor and Clerk of the City of Meridian, the municipal
corporation that executed and attested the within instrument, and acknowledged to me
that they executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year first above written.
,......
.•'tGA J~1V~;.
:4j ~~?T ~~~~~'•:
.•m;
otary P blic for Idaho
~ ~ ~,
' ~ ,' a Residing at: ~i~ r 1(7
~~p~~,1~,,~~o• My commission expires: n d ao~~
~•.97'E OF fi:•.
~...~..•
MASTER LICENSE AGREEMENT -Page 8
(71 /13/08)
ADA COUNTY HIGHWAY DISTRICT
By: C a on B. Romo
Its: Right of Way Supervisor
STATE OF IDAHO
ss.
County of Ada )
~3-
On this ~ ~ day of 20 ~, before me,
~-- ~~~t ~ a Notary Public in and for the State of Idaho,
personally appeared, Chanon B. Romo known or identified to me to be the Right of Way
Supervisor for the Ada County Highway District, .the person who executed this
instrument on behalf of said District, and acknowledged to me that the Ada County
Highway District executed the same.
IN WITNESS WHEREOF, /have hereunto set my hand and affixed myofficial seal
the day and year first ab ve written.
Notary Public f r /daho KAREN L. ARNOLD
Residing at: N®TARY PUBLIC
My commission expires: ~~ STATE OF IDAHO
EXH_
Exhibit A -Description of Licensee's Property
Exhibit B -Depiction of ACHD's Right-of-Way
Exhibit C -Authorized Use of Right-of-Way
MASTER LICENSE AGREEMENT -Page 9
(11/13/08)
. • ' ~ " Property Management No. X73,1 -~~~pg
. Parcel: 85672000010
' Street: 33 E. Broadway Ave. Meridian, ID 83642
T3N, R1 E, Sec.07
LEGAL DESCRIPTION
PARCEL # 85672000010
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& VAC ST ADJ TO LOTS 1-9 &
ADJ VAC ALLEY AMD BLK 01
MERIDIAN TOWNSITE AMND
PARCEL 1 R/S 7479 #0008-B
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