HomeMy WebLinkAboutMemorandum of Understanding with Meridian Development Corp for Idaho Power Easement in Centennial ParkAQA COUNTY RECORDER Christopher D. Rich AMOUNT .DO 16
BOISE IDAHO 04106/11 03:07 PM
DEPUTY Vicki Allen
RECORDED-REQUEST OF III IIIIIIIIIIIIIIIIIIIIIIIIIIII II
Cily of Meridian 11108914
MEMORANDUM OF UNDERSTANDING
REGARDING THE CITY COUNCIL APPROVAL
OF TFFE
IDAHO POWER EASEMENT IN CENTENNIAL PARK
BETWEEN
MERIDIAN DEVELOPMENT CORPORATION
AND
THE CITY OF MERIDIAN
THIS MEMORANDUM OF UNDERSTANDING (MOU} is made and entered into this
da of March 2011 b and between Meridian Develo ment Cor oration
Y ~ Y p p
(MDC) and The City of Meridian, Idaho City}, to establish a mutual understanding
regarding the conditions of approval of an Idaho Power Easement in Meridian's
Centennial Park.
WHEREAS, MDC is developing an office project on the property south of Centennial
Park in downtown Meridian; and
WHEREAS, the City previously entered into an MOU dated April 25th, 2009 with
Meridian Hub, LLC, a defunct previous owner of the property owned by MDC south of
Centennial Park, and the parties hereto desire to terminate that MOU and replace it with
this document; and
WHEREAS, current and future development in the area of Centennial Park requires the
installation of underground utilities and the locating of sector and transformer boxes;
and
WHEREAS, MDC and Idaho Power have proposed to locate the sector and transformer
boxes in an area of Centennial Park adjacent to the alley; and
MEMQRANDUM OF UNDERSTANDING -1 of 4
WHEREAS, in order to accommodate the iota '
tion of the sector and transformer boxes
in Centennial Park, Idaho Power will a utiiit eas •
Merl , Y ement for execution by the City of
dean as grantor; and
WHEREAS, the location of the sector and transfor •
mer boxes in Centennial Park
reduces the usable area in the park; and
WHEREAS, The Meridian Ci Council considered
.. #Y the Idaho Power easement for the
Meridian Hub, LLC project at their re marl schedul '
9 y ed meeting of December 16, 2408
and placed certain conditions on the ap royal of the Idah
p o Power easement, and
WHEREAS, the conditions of approval for the Idaho Po
wer easement are #o be fulfilled
by MDC for this new Broadway Buildin ro'ect as set forth '
g p 1 in this M4U, and
WHEREAS, the previous easement for the benefit of the Meri ' '
dean Hub, LLC project was
not recorded and this is a different project, Idaho Power re wires that
descri tion q anew easement
p be prepared as part of the improvement work to be com le#ed on the curr
MDC Broadwa p ent
y Building project.
N4W, THEREFORE, the parties hereby a ree as follows:
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1. City agrees to immediately execute and record the Idaho Pow r ' '
e Utility easement
in Centennial Park once it is prepared by Idaho Power and a roved b '
pp y the City,
The parties anticipate it will be in approximate) the same location and b
. Y e of
similar dimensions as the previous easement proposed with Idaho Power a co
of which is a py
ttached to this MOU as Exhibit A and incorporated herein b this
reference• h y
owever the parties agree to work with one another to establish the
exact location and dimensions to meet the needs of the Ci ,Centennial Park
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the current project and Idaho Power. In the event that the size or location of h
to
easement changes materially from that depicted in Exhibit A, Ci reserves the
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right to terminate this agreement and shall be relieved from all of its obli ations
hereunder. g
2. MDC, at no expense to City, agrees to provide or make necessa arran e
. ry g ments
to provide all tabor and materials necessary to remove the over ole behind the
Meri p p
dean Community Center building and re-feed power to the buildin
under ro g
g und.
3. MDC agrees to construct a split block CMU enclosure five feet in het ht aroun
g d
the sector and transformer boxes. The design and construction of the enclosure
shall be consistent with the drawing provided b Erstad Architects attached to
.. y
this MQU as Exh~b~t B and incorporated herein.
MEMORANDUM ~F UNDERSTANDING - 2 of 4
4. MDC agrees to apply a clear anti- raffiti coatin
. 9 g to the split face black according
to specifications approved in writing b the Ci 's De art
Y ty p ment of Parks and
Recreation.
5. MDC agrees to instal! screenin - e landsca in '
9 tYp p g materials on the west, north,
and east side of the block enclosure accardin to a landsca
g pe plan as approved
in writing by the City s Department of Parks and Recreati n
o.
6. MDC agrees to make best efforts to communicate wi `
th the construction
contractor regarding the City's desire to add pipin to the electrical ditch t
for f g o allow
uture landscape water. The labor and irrigation i in will be rovided b
Cit ~ p p g p Y
y, through its Parks and Recreation Department.
7. MDC's obligations under this agreement shall be fulfilled con '
currently with the
development.
8. In the event that MDC fails to fulfill its obli ations under this a reem n '
g g e t, Cfty
reserves the right to utilize any available legal remedy, includin actions for
dama g
ges or specific performance.
9. If a suit, action, ar other proceeding arising out of or related to this MOU is
instituted by any party, the prevailing party shall be entitled to recover its
reasonable attorney fees, expert witness fees, and costs (i) incurred in an
settlemen " ' Y
t negotiations, (iN} incurred in preparing for, prosecuting or defendin
an suit g
y , action, or other proceeding, and (iii) incurred in preparing for,
prosecuting or defending any appeal of any suit, action, or other roceedin .For
the ur ' ~ p g
p pose of this section, attorney fees shall mean and include (i} attarne
fees and Y
(ii}paralegal fees. This section shall survive and remain enforceable
notwithstanding any rescission of this MOU or a determination b a court of
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competent jurisdiction that all or any portion of the remainder of this MOU is void,
illegal, or against public policy.
10. This MOU shall be construed and interpreted in accordance with the laws of the
State of Idaho. The parties agree that the courts of Idaho shall have exclusive
jurisdiction and agree that Ada County is the proper venue.
11. Time is of the essence with respect to the obligations to be erformed under this
M p
OU
12. Except as expressly provided in this MOU, and to the extent ermitted b law
. P Y
any remedies described m this MOU are cumulative and not alternative to an
other re Y
medies available at law or in equity.
13. The failure or neglect of a party to enforce any remed available b reason of the
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failure of the other party to observe or perform a term or condition set forth in this
MOU shall not constitute a waiver of such term or condition. A waiver b a a
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(N}shall not affect any term ar condition other than the one s ecified in such
p
MEMORANDUM (1FUNDERSTANDING - 3 of 4
' 11 waive a s ecified term or condition only for the time and in a
waiver, and (i~} sha P
manner specifically stated in the waiver.
' to an ex ress rovisions in this MOU regarding restrictions on transfers
14. Subject y p p
or assi nments this MOU shall be binding upon and inure to the benefit of the
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arties and their res ective successors, assigns, heirs, persona! representatives,
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purchasers, or transferees of any kind.
15. The cit will awn and maintain the enclasure. MDC through their contractor will
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provide a one year warranty on the construction of the enclosure.
16. The arties a ree that the previous M~U executed between the City of Meridian
P g ~ ~ the
and Meridian HUB, LLC dated April 25th, 2049 ~s terminated effective upon
effective date of this MOU.
IN WITNESS WHEREaF, the parties do execute this Memorandum of Understanding
the day and year first above written.
MERIDIAN DEVELOPMENT CORPORATION
By ? ~ ~..~
Larry L pschultz, Chairman
Attest:
~..
d Secretary
CITY OF MERIDIAN, IDAHO
e
By:
`~~,~~~~' e,~e rd, Mayor
Attest: ,.°` C~` ~ ~ ~` ~~
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a ce .Holman, Cit Clerk '~, ~o ~'sr 15~ ~ ~` .°`°
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MEMORANDUM OFUNDERSTANDING - 4 of 4 ~~p,, ~ . ! ,' , , t ~ ~ ~~ `~~~~
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;~ .,
~ br County Recorslor's Use Only ~
Easement--Qr ani
t~ p'~' ~lf~ ~.~ a+^ ~ ~ e,, w ~rRr~t~o ~idr~-e.:~~.t C or ~:`Graator(s}", of
I
C , State of "~d~ do her-~{,~r, t and conv to IDAHO POWER
irrrr ~r~ ww..~rr ~r~ i - e ~~r~~Tii~..~.~r~rr 1 w
COMPANY, a Corporation, with its principal office located at 1221 W. Idaho S~eet, Boise, Idaho, 83702 (P.O, Box 70, Hoist,
!D 8370?), its licensees, successors, and assigns, (collectively, "Grantee', for One Dollar and other valuable considerations,
the receipt and sufficiency of whitch is hereby acltnowledgod, a permanent and prspetual easement and right of way, at all
time: sufficient in width for the installation, erection, contiAUed operation, maintenance, repair, alteration, inspection and/or
rep laament of the following:
Updergroand Facilities: Underground elecctrical power lint or lines and related facilities and equipment, generally including,
Cult not limited to, buried power lines and wires, abovo-groundpad-mounted transfomxrs, junction boxes, cables, conduit,
other equipment; and all rel~cd appances, any of which may extend above groped, in certain locations to be determined
by Grantee at Grantee's solo and ~soluta dion (all of the above collectively bring referred to as the "FaeilKle:")together
with the right to permit the attachment and/or use or placanept of the wins, fixt~uea, cables anti ccutdtirita of other companies
or pardon (al I of die same being included within the definition of "Facilities"), on, aver, through, wader, and across the
following premiers belonging to Grantors} in ~, ~~.~_r,~.. Couaity, State of ~-1~dti,~o , in the
location described below;
Grantee is herby also granted the perpetual right of ingross and egress ova Gnator's other property accessary for the full and
complete use, occupation, and enjoyment of the eascanent hereby granted, and together with ali rights and privileges incidrNt
thereto, including, but n~ limited ter, (i} the right, at Grantee's expense, to excavate and refill ditches and trayches for the
location of the i"acilitics, (ii} the right, at Grantee's expense, to out, trim, and ranove troes, larush, buslu;s, sod, flowers,
shrubbery, overhanging branches and other ob4tnxxions and improvements which may injury or interfere with Grantee's use,
occupation, or enjoyment of this easerrxnt, and (iii} the right, at Grantee's expense, to install, construct, operate, inspect, alter,
maintain, rcplau, improve and repair any and all aspccts of Grantee's facilities over, through, artier and across ~ lands
sub,~e~ct to this easement.
The location of the asement and right of way grarxed herein is described as follows: ~- ~.~c~~~t ~ at d++~cc~ han~.+•
Grantor shall not allot the gale or ekvati~ of the t~ within the right-of-way existing on the date horoof through
excavations, grading installation of berg, or other activities without the prier written approval of Grantee. Grantor shall not
place nor build any atructure(s} within the easement area except fences and excxpt as otherwise approvaxi by CTrantee in
writin
8•
This Easement shall run with the land and be binding upon the parties' successors and assigns.
Executed and delivered this
Chakod by _____~~_,,,
Work Order #
day of
Signattur(s} of Grarnor(s) (Inclrrda ' t where applicabtt):
mauj ~a ~~- ~~,. VJ~t.~.t-~
RQW 433 (91o1j Pa~11 of 2
EXHIBIT A-1
Person Ackaowted~in~ Iastrnmeat Unknown To
Notary Bat Proven To & The Sipper By Satlsiactory Ideattflcadob
STATE OF ti a~ho
SA
COUNTY OF ~ (~
On t~'is day of , 20 ~ lxfon me (Notrrryy's Name)
1 '' a not ublic
s . Y~r~.. ~Y p - pascmalty appeared
~d (Individual(s) Name proved tQ me on the basis of satisfactory evidence to
be the persan(s} whose stame(s} i~ sabscribed to the within instrument, and acknowledged to me that
hdaxecutec! the same.
(N4'CARY SEAL}
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Notary Public
My Commission Expires oa ~ • ~ ~ -~
ROW 093 (8107} Pia 2 of 2
EXHIBIT A-2
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~'_OR
EXHIBIT B-4
MERIDIAN DEVELOPMENT CCIRPC~RATION
THE URBAN RENEWAL AGENCY OF THE CITY OF MERIDIAN
Resolution No. 11-006
BY THE BOARD OF COMMISSIONERS OF THE URBAN RENEWAL AGENCY
OF MERIDIAN, IDAHO, AIKiA THE MERIDIAN DEVELOPMENT CORP T
ORA ION.
A RESOLUTION OF THE BOARD OF COMMISSIONERS
OF THE URBAN RENEWAL AGENCY OF MERIDIAN,
IDAHO, APPROVING THE MEMORANDUM OF
UNDERSTANDING (MOU} REGARDING THE CITY
GC}UNCIL APPROVAL OF THE IDAHO POWER
EASEMENT IN CENTENNIAL PARK BETWEEN THE
MERIDIAN DEVELOPMENT CORPORATION AND THE
CITY OF MERIDIAN ~CiTY},APOLITICAL SUBDIVISION OF
THE STATE OF IDAHO; AUTHORIZING THE EXECUTION
OF THE MOU BETWEEN MDC AND THE CITY
(AGREEMENT} BY THE CHAIRMAN OR VICE-CHAIRMAN
AND SECRETARY; AUTHORIZING ANY TECHNICAL
CHANGES TO THE AGREEMENT; AUTHORIZING THE
ADMINISTRATOR TO TAKE ALL NECESSARY ACTION
REQUIRED TO IMPLEMENT THE AGREEMENT; AND
PROVIDING AN EFFECTIVE DATE.
THIS RESOLUTION, made on the date hereinafter set forth b the Urban
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Renewal Agency of the City of Meridian, Idaho, an independent public bod cor orate
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and poi~tic, authorized under the authority of the Idaho Urban Renewal Law of 1965, as
amended, Chapter 20, Title 50, Idaho Code, a duly created and functionin urban
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renewal agency of the City of Meridian, Idaho, hereinafter referred to as the "MDC.n
WHEREAS, the MDC, an independent public body, corporate and politic, is an
urban renewal agency created by and existing under the authority of and pursuant to
the 'Idaho Urban Renewal Law of 1965, being Idaho Code title 50, cha ter 20, as
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amended and supplemented, and the Local Economic Development Act of 1988, bein
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aho Code, Title 50, Chapter 29; as amended and supplemented (collectivel the
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Act },
WHEREAS, the .MDC was established by Resolution No. 01-361 of the Cit
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Council of the City of Meridian, Idaho (hereinafter the "City Council" ,ado ted Jul 24,
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2001;
RESOLUTION N0.11-OOfi -1
WHEREAS, the City Council of the Cit of Meridian Idaho the "Cit "
Y ~ y ), on
October 8, 2002, after notice duly published, conducted a ubl' '
p is hearing on the
Meridian Revitalization Plan (the ''Revi#aiization Plan" ;
}
WHEREAS, following said public hearing the Cit ado ted its Ordinance IVo. 02-
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87 on December 3, 2402, approving the Revitalization Plan and makin cent i
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findings.;
WHEREAS, MDC entered into Condominium Reservation A reements with the
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Community Planning Association of Southwest Idaho COMPASS and Valle Re Tonal
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Transit ~VRT) reserving condominium space for purchase b each entit in a buildin to
be c Y Y g
onstructed by MDC {Broadway Building);
WHEREAS, MDC is commencing construction of the Broadwa Buildin Project
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which requires certain underground utilities be located in the alle between the
Bro ~ y
adway Building site and Centennial Park,
WHEREAS, the City previously entered into an MOU dated April 25th, 2049 with
Meridian Hub, LLC, a defunct previous owner of the propert~r owned b MDC south of
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Centennial Park;
WHEREAS, current and future development in the area of Centennial Park
requires the installation of underground utilities and the locating of sector and
transformer boxes;
WHEREAS, MDC, the City and Idaho Power have proposed to locate the sector
and transformer boxes in an area of Centennial Park adjacent to the alle ;
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WHEREAS, in order to accommodate the location of the sector and transformer
boxes in Centennial Park, Idaho Power will re wire a utili easement for execution b
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the City of Meridian as Grantor;
WHEREAS, Idaho Power will development the location and dimensions of the
utility easement during the construction of the Broadway Building Project and said
easement is anticipated by the City, MDC and Idaho Power to be in approximately the
same location and roughly of the same dimensions as the previous easement granted
by the City for the HUB development;
WHEREAS, the location of the sector and transformer boxes in Centennial Park
reduces the usable area in the park;
RESOLUTION N0.11-006 - 2
WHEREAS, the City and MDC desire to cooperate in the construction and
maintenance of the facilities to protect the transformer and sector box within the utili
easement; and
WHEREAS, the Board of Commissioners finds it in the best public interest to
approve the Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MEMBERS OF THE BOARD
OF COMMISSIONERS OF THE URBAN RENEWAL AGENCY OF MERIDIAN, IDAHO,
A/K{A THE MERIDIAN DEVELOPMENT CORPORATION, AS FOLLOWS:
Section 1: That the above statements are true and correct
Section 2: That the Board confirms and ratifies the need far the Agreement
with the City.
Section 3: That the Board determines entering into the Agreement with the
City is in the best interest of the MDG.
Section 4: That the Agreement, a copy of which is attached hereto as "Exhibit
A" and incorporated herein by reference, be and the same hereby
is approved.
Section 5: That the Chairman, Vice-Chairman, and Secretary of MDC are
hereby authorized to sign and enter into the Agreement between
MDC and the City and ,further, are hereby authorized to execute
all necessary documents required to implement the actions
contemplated by the Agreement subject to representations by MDC
staff and legs! counsel that all conditions precedent to actions
contemplated in the Agreement, and any necessary technical
changes to the Agreement, or other documents, are acceptable-
upon advice from MDC's legal counsel that said changes are
consistent with the provisions of the Agreement and the comments
and discussions received at the March 9, 2011 and March 23, 2011
MDC Board meetings.
Section 6: That this resolution shall be in fun farce and effect immediate)
Y
upon its adoption and approval.
RESOLUTION N0.11-446 - 3
PASSED AND ADOPTED by the Urban Renewal Agency of the City of Meridian,
Idaho, a/kla the Meridian Development Corporation, an March 23, 2011. Signed by the
Chairman of the Board of Commissioners, and attested by the Secretary to the Board of
Commissioners, on this day of March, 2011.
APPROVED:
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Chairman
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ATTEST:
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RESOLUTION NO.11.006 - 4