HomeMy WebLinkAboutPump Station and Maintenance Agreement with Nampa Meridian Irrigation District NMID for Meridian Ground Reservoir 2 and Booster Pump StationADA COUNTY 09I05113E03:18 pM her D. Rich AMOUNT .00 6
BOISE IDAHO ~~~ IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII III
DEPUTY Lisa Batt
RECORDED-REQUEST OF 111@1~F9~9
Nampa Meridian Irrigation Disi
PUMP STATION
OPERATION AND MAINTENANCE AIiREEMENT FOR
MERIDIAN GR(}UND RESERVOIR #2 & BOOSTER PUMP STATION
1, DEFINITIONS. In this Agreement certain words appear which have the following
meaning:
"Owner" means The City of Meridian, a municipal corporation, the
current owner of the land to which irrigation water will be distributed by the
urban irrigation system that is the subject of this Agreement.
"District" means Nampa & Meridian Irrigation District.
"Agreement" means this written and signed Agreement ~contract~ the Owner
and Nampa & Meridian irriga#ian District have entered into for the work to be done,
"Subject Property" means the real property which is covered by this
Agreement and more particularly described in the attached Exhibit A.
2. STATUTORY AUTHORITY. This Agreement is made under the authority of
Idaho Code ~ 43~33oA.
3, PROPERTY COVERED BY THIS AGREEMENT. This Agreement is intended
for the benefit of a roximately 4 acres of real property located generally near Locust Grove and
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Victo hereafter referred to as the "Subject Property"). Owner intends to build a water tank and
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PUMP STATCON OPERATION AND MAINTENANCE AGREEMENT -Page 1
r um buildin on the Subject Property. A legal description comprising the Subject Property
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is attached hereto as Exhibit "A" and incorporated herein by reference.
PUMP STATION, The ump station to serve the Subject Property is located ~n
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' ision. The um station or facilities are required to be updated by Owner so
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m station will ode uatel serve the Sub jest Property as well as all other properties served
that the pu p ~ y
um station. Owner will install, at its own expense, additional pumps) or facilities
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reasonabl necess to u date the pump station as is determined to be necessary by the water
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'ntendent of District. Such additional pumps and/or facilities shall be done in accordance with
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the s ecifications of the District, with prior notice, and to the satisfaction of the water
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Superintendent of District.
5, OWNERSHIP OF DISTRIBUTION SYSTEM. Owner intends to own, operate,
maintain im rove re air and replace the pressurized irrigation distribution system within the
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boundaries of the Subject Pro erty. District owns and shall operate, maintain, repair and replace the
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um station and the distribution system up to the boundary ofthe Subject Property. Owner will then
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e res onsible for distribution of the irrigation water in its awn distribution system r~rithin the
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Subject Property,
6. IRRIGATION WATER. District shall provide irrigation water tnon-potable water
rovided on a seasonable basis) to the pump station during the regular irrigation season
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roximatel A ril 15 to October 15 of each year, depending on conditions and availability). The
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' tion waterto be rovided to the Subject Property shall be in the amount and in accordance with
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the water ri hts of the Subject Property. The connection of the Subject Property to the irrigation
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s stem owned b District shall be done in accordance with the specifications of the District and to
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the satisfaction of the water Superintendent of District,
7. OPERATION AND MAINTENANCE B~ NAMPA & MERIDIAN
IRRYGATION DISTRICT; ASSESSMENTS FOR OPERATION ANTI MAINTENANCE. As
rovided b Idaho Code Section 43w330F, the pump station and distribution lines owned by District
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shall be o erated, maintained, repaired and replaced by District, and District may levy and collect
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annual assessments a ainst the Subject Property to defray the costs and expense of the operation,
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maintenance, re air and replacement of the pump station and distribution lines owned by District to
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PUMP STATION OPERATION AND MAINTENANCE AGREEMENT -Page 2
' . In the event additional lands} other than the Subj ect Property is served by the
the Subs ect Propert~r
' such costs will also be levied and assessed against each tract of land served by the
pump station,
station and irri ation s stern owned by Nampa & Meridian Irrigation District to defray the cast
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ex ense of such o eration, maintenance, repair or replacement by District. The Board of
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Directors of District shall apportion to each tract of land a portion of the cost of operation,
maintenance re air and re lacement of this irrigation system, on the basis of the ratio between the
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acr a in that ro ert and the total acreage in all properties served by the pump station and
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distribution lines,
8, EASEMENT. Dwner grants to District an easement over the Subject Property to
District to the extent necessary for ingress and egress to operate, maintain, and repair the pump
station facilities and main line owned by District to serve the Subject Property. The Easement shall
continue so lon as District operates, maintains and repairs the pump station and distribution lines
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to the Sub' ect Pro a .Owner shall not place any obstruction or vegetation in the easement of
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District that would hinder or impair the operation, maintenance or repair of the main line by District.
9, WATER QUALITY, Neither Owner or its successors and assigns shall make any
crass-connection or tie in or allow one to exist between pipes or conduits carrying domestic water
su lied b an' ublie or private water service system, and any pipes, conduits or fixtures containing
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or carrying any used water, irriga~on water, or any water or substance from any other source
whatsoever, without prior written approval of District.
I0. SUPPLE~NTAL WATER. Supplemental water (water provided both before and
ai~er the re alai irri ation season) may not be provided to the Subject Property. If supplemental
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water is rovided, all costs associated with supplemental water shall be a cost of operation,
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maintenance, re air or replacement which shall be assessed as provided in Paragraph 7 above. Each
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ro er will be assessed for supplemental water regardless of whether or not water is actually used
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on the property or the quantity of water used.
11. NCl LYABILITY FUR LACK OF WATER. The parties hereto acknowledge that
irri ation water is not always reliable. Irrigation water nofi be available due to drought, harsh weather
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conditions, governmental actions or other causes. District shall have the right to shut off the
PUMP STATION OPERATION AND MAINTENANCE AGREEMENT • Page 3
' ' ter su 1 to the Sub' ect Pro erty, or any part thereof, at any time, without notice, for
irrigation wa pp y J p
' other maintenance and o erasion procedures, including but not limited to the end of
repairs or any p
the irri ation season. The District shall have no liability to Owner or others for any damages to, or
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of lawns landsca in or the like caused from shutting off the irrigation water supply or for lack
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of water.
12. ENTIRE AGREEMENT. This Agreement contains the entire agreement between
the parties hereto with respect to the subject matter of this Agreement,
13. GQ~VERNING LA'W'. This Agreement shall be construed under, and governed by,
the laws of the State of Idaho.
14. BINDING EFFECT. This Agreement shall bind the parties hereto and their
res ective heirs, ersonal representatives, successors and assigns. This agreement shall run with and
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be binding upon the Subject Property,
I5. A1UTHl~RIZATIGN (~F SXGNATUI~E. Owners hereby warrant that the persons
signing this Addendum has been authorized to do so by Owners.
1~. AMENDMENTS. Amendments to this Agreement shall be made only by written
ins~ument executed by each of the parties hereto.
IN '~IITNESS WHEREOF, the parties have hereunto caused their names to be subscribed
this day of ~ _ ~, 2013,
C
. ERIDIAN
THE CITY OF M
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~~'"a ,j~l~I~~~~ I~~ Tammy eerd, Mayor
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PUMP STATION OPERATION AND MAINTENANCE AGREEMENT -Page 4
STATE OF IDAHO )
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COUNTY OF Ada )
' l da of ~;, 2013, before me, the undersigned, a notary public
Onthis ~„ y
in and for said state, personally appeared TAMMY DE wEERD and
' he Ci of Meridian, know to me to the Mayor and City Clerk of the City
Mayor and City Clerk of t ty .
' ' hat executed the fare oing instrument and acknowledged to me that the City of
of Mer~d~an t ~
Meridian executed the same.
TN wITNESS `1`IHEREOF, I have hereunto set my hand and affixed my official seal, the day
and year in this certificate first above written.
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STATE OF IDAHO
County of Canyan
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No Pub r for the Idaho
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Residing at ~,5 oar ~ Idaho
My commission expires: ~~~ ~ ~ . .
On this ~ da of ~ <,,~~~ 2013, before rne,;the unde signed, a Notary Public in
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r said State ersonall a eared ~' ~'~. ~ c~ -~ ~,~~`~ and
and fa p y pp
~M r ~~~~ ~ , known to me to be the president and Secretary, respectively,
of NAMPA & MERIDIAN IRRIGATION DISTRICT, the irrigation district that executed the
fare oin instrument and acknowledged to me that such irrigation district executed the same.
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IN FITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day
and year in this certificate first above written.
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PllMP STATION OPERATION AND MAINTENANCE AGREEMENT -Page 5
E~I~IEIT A
A arcel located in the Northwest quarter of the Northwest quarter of Section 29, Township 3 North,
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Ran e 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows;
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Commencing at a 5l8 inch diameter iron pin marking the southwesterly corner of the Northwest
uarter of Section 29, from which a 5~8 inch diameter iron pin marking the northwesterly corner of
q ~ ' 19" East a distance of 245.59
sand Northwest quarter of the Northwest quarter bears North 0 14
feet;
Thence North 0 ° 14' 19" East along the westerly boundary of said Northwest quarter a distance of
l b93.59 feet to the POINT aF BEGIrJP~INC~;
Thence continuing North 0 ° 14' 19" East a distance of 1 b0.30 feet to a point;
Thence leaving said westerly boundary South 89°34'31" East a distance of 598,42 feet to a 518 inch
diameter iron pin;
Thence South 0 ° 14'22" West a distance of 4, 56 feet to a 5/8 inch diameter iron pin;
Thence South 18°01'22' West a distance of 4??.83 feet to a point;
Thence North 5d°Od'39" West a distance of S43.5b feet to the POINT ~F BECrn~NIN~r,
PUMP STATION OPERATION AND MAINTENANCE AGREEMENT -Page 6