Cost Share Agmt with ACHD for Ten Mile Rd, Cherry Ln to Ustick Widening Project ADA COUNTY HIGHWAY DISTRICT
COST SHARE PERMIT
3775 Adams Street ACHD Contact Person:
', N Garden City Idaho 83714 Name: Al Busche
AO. Nilptib,. Phone (208) 387-6280 3775 Adams Street
Facsimile (208) 387-6289 Garden City Idaho 83714
Phone: (208) 387-6230
8O W '-ale 5414,444,
Date of Permit: ACHD Project No.:503023 Permit No.: 004
2014
Capitalized terms that are not defined in this Permit shall have the meanings given to them in the
ACHD Cost Share Ordinance No.215.
I. PARTNERING AGENCY INFORMATION
This permit is granted to: City of Meridian Partnering Agency Contact Person:
33 E. Broadway Ave. Caleb Hood
Meridian, Idaho 83642 33 E. Broadway Ave.
Meridian, Idaho 83642
Phone: (208) 489-0572
Email: chood@meridiancity.org
II. ROAD PROJECT AND APPROVED NON-TRANSPORTATION COMPONENTS
Name/Location of ACHD Road Project:
Ten Mile Road, Cherry Lane to Ustick Road, ACHD Project #503023, as generally depicted on
Exhibit A and further depicted in the plans attached hereto and incorporated herein as Exhibit B.
Approved Non-Transportation Components:
Pursuant to this Permit, ACHD authorizes, and, as a condition of issuing this Permit, requires,
the following Non-Transportation Components:
Perpetual Maintenance of Permanent Landscaping in the Approximately 5-Foot Buffer Area
within Parcels 75, 93, and 96 and in Front of and/or Adjacent to Parcels 86, 87, 88, 89, 92, 94,
and 95 and R2833240220, as depicted on Exhibit A. ACHD authorizes and requires the
perpetual maintenance of developed landscaping in the form of irrigated grass or other
permanent landscaping approved pursuant to this Permit (the "Permanent Landscaping")
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within Parcels 75, 93, and 96 and in front of and/or adjacent to Parcels 86, 87, 88, 89, 92, 94, and
95 and R2833240220.
In accordance with Ordinance 215, the foregoing Permanent Landscaping is referred to herein as
the "Non-Transportation Components."
III. ACQUISITION OF RIGHT-OF-WAY
Conditions of acquisition/contribution of real property by Partnering Agency and/or
reimbursement to ACHD by Partnering Agency for acquisition of real property:
None. ACHD has already acquired or is in the process of acquiring the right-of-way necessary
to incorporate the Non-Transportation Components into the Project. Therefore, the acquisition
of the real property for these safety buffer areas is not required of Partnering Agency, and is not
part of the Non-Transportation Components.
IV. DESIGN OF NON-TRANSPORTATION COMPONENTS
Party responsible for obtaining plans/design for Non-Transportation Components:
Not applicable due to the nature of the Non-Transportation Components. The Permanent
Landscaping is already in place.
If Partnering Agency is responsible for providing plans/designs, deadline for submitting
plans/designs to ACHD for approval:
Not applicable due to the nature of the Non-Transportation Components.
Allocation of design costs for Non-Transportation Components (including, if applicable,
any credits provided to Partnering Agency and application of any federal funding) and
time for reimbursement, if applicable:
Not applicable due to the nature of the Non-Transportation Components.
V. CONSTRUCTION OF NON-TRANSPORTATION COMPONENTS
Description of construction work approved by ACHD to be completed by Partnering
Agency (if applicable): (In addition to description, refer to designs and plans attached to
this Permit as Exhibits, if applicable. If designs and plans are not complete at the time of
issuance of this Permit, they must be approved in writing by ACHD and shall be
incorporated into this Permit.)
Not applicable due to the nature of the Non-Transportation Components.
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If Partnering Agency is responsible for all or a part of the construction of the Non-
Transportation Components:
a. Date for submitting Partnering Agency's contractors and engineers to ACHD for
approval: Not applicable due to the nature of the Non-Transportation Components.
b. Date for submitting Partnering Agency's contractors' and engineers' estimates to
ACHD for approval: Not applicable due to the nature of the Non-Transportation Components.
c. Date for submitting Partnering Agency's contractors' and engineers' contracts to
ACHD for approval: Not applicable due to the nature of the Non-Transportation Components.
Any modifications to the deadlines set forth above must be approved in writing by ACHD.
Allocation of construction costs for Non-Transportation Components, reconstruction costs
of Transportation Components necessitated by the incorporation of Non-Transportation
Components into the Road Project, ACHD construction, maintenance, administration, and
overrun costs (including, if applicable, any credits provided to Partnering Agency and
application of any federal funding), and time for reimbursement, if applicable:
Not applicable due to the nature of the Non-Transportation Components.
Relocation of utilities to be completed by Partnering Agency (if any):
Not applicable due to the nature of the Non-Transportation Components.
Storm water provisions (if applicable):
Not applicable due to the nature of the Non-Transportation Components.
Schedule for completion of Road Project:
At this time, ACHD's schedule for completion of the Transportation Components of the Road
Project completion is unknown, but estimated to be September 2015.
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VI. MAINTENANCE OF NON-TRANSPORTATION COMPONENTS
Maintenance requirements of Non-Transportation Components by Partnering Agency:
Partnering Agency shall be, and is hereby, granted a non-exclusive, revocable license to
maintain, repair, and replace the Non-Transportation Components, subject to the provisions of
this Permit and during the term of this Permit. This includes the perpetual maintenance, repair,
and replacement of the Permanent Landscaping within Parcels 75, 93, and 96 and in front of
and/or adjacent to Parcels 86, 87, 88, 89, 92, 94, and 95 and R2833240220.
Partnering Agency shall cause the Non-Transportation Components to be operated and
maintained in good functioning order during the term of this Permit, in accordance with
applicable law, the approved designs/plans, Partnering Agency's landscape and irrigation
standards and specifications, and industry standards. This obligation includes, without
limitation, grass and lawn care, pruning or replacement of gravel, trees, and shrubs, clean-up of
litter and debris, weed removal, and application for shrubs, trees, and groundcover, as applicable.
Any replacement and/or installation by Partnering Agency of additional improvements shall be
accomplished in accordance with designs, plans, and specifications approved in advance and in
writing by ACHD, in its discretion, and as required to satisfy applicable laws, its policies, and
good engineering and landscaping practices.
Additional conditions:
1. This Permit does not extend to Partnering Agency the right to use any part of the ACHD Road Project
area to the exclusion of ACHD for any use within its jurisdiction, authority, and discretion or of others to
the extent authorized by law.
2. In accessing any part of the Road Project that has been accepted as an open public highway (as the
term "highway" is defined in Idaho Code Section 40-109(5)), Partnering Agency's authorized use is
subject to the rights of the public to use the highway.
3. The rights granted hereunder are subject to and subordinate to the rights of holders of easements of
records and the statutory rights of utilities to use the right-of-way.
4. This Permit does not preclude or impede the ability of ACHD to enter into or grant easements or
license agreements allowing third parties to access the Road Project area, or the ability of ACHD to
redesign, reconstruct, relocate, maintain, and improve the Road Project and right-of-way as it determines
necessary, in its sole discretion.
5. In consideration of the license granted by this Permit, Partnering Agency expressly covenants and
agrees that the license granted herein is temporary and merely a permissive use of the ACHD right-of-
way pursuant to the terms of this Permit. Partnering Agency assumes the risk that the license granted
herein may be terminated before Partnering Agency has realized the economic benefit of the cost of
installing, constructing, repairing, or maintaining the Non-Transportation Components, and by signing
and accepting this Permit, Partnering Agency hereby waives and estops itself from asserting any claim,
including damages or reimbursement, that the license is in any way irrevocable because Partnering
Agency has expended funds on the Non-Transportation Components and the Permit has not been in effect
for a period sufficient for Partnering Agency to realize the economic benefit from such expenditures.
4
6. In the event Partnering Agency fails to replace, repair, maintain, and care for the Non-Transportation
Components, ACHD shall have the following remedies in addition to any other recovery in law or in
equity, provided that ACHD first gives Partnering Agency 30 days' notice and Partnering Agency fails to
remedy such failure: (i) ACHD may revoke this Permit; (ii) ACHD may replace, maintain, and/or care
for the Non-Transportation Components, and Partnering Agency shall reimburse ACHD fully for all
associated costs; (iii) ACHD may remove, alter, redesign, or reconstruct the Non-Transportation
Components or any part of the ACHD Road Project(including without limitation the right-of-way), or in
the case of landscaping, replace the Non-Transportation Components with hardscape, and Partnering
Agency shall reimburse ACHD fully for all associated costs; and (iv) ACHD may refuse to issue any
further Cost Share Permits or any other permits for future ACHD Road Projects until Partnering Agency
complies with the conditions of the Permit. In addition, in the event of an emergency caused by
Partnering Agency's failure to perform required maintenance, ACHD may immediately perform any and
all emergency repairs or take other measures in connection with an emergency, and Partnering Agency
shall reimburse ACHD fully for all associated costs.
VII. TERM
Term of Permit:
Perpetual, until terminated or revoked pursuant to the provisions of this Permit.
Upon termination or revocation of this Permit, upon the request of ACHD, Partnering Agency
will either, as directed by ACHD, (i) promptly remove the Non-Transportation Components and
restore the underlying area to at least the condition present as of the date of this Permit, repairing
and restoring all portions of ACHD's right-of-way and personal property, if any, that are
damaged during such removal activities; or (ii) reimburse ACHD for its cost of redesigning,
replacing, and/or reconstructing the right-of-way underlying the Non-Transportation
Components. Any portion of the Non-Transportation Components that remain in ACHD right-
of-way 90 days after the termination or revocation of this Permit shall be deemed abandoned,
and ACHD shall have the right to remove them or redesign, replace, and reconstruct the right-of-
way underlying them and charge all costs to Partnering Agency.
VIII. ADDITIONAL PROVISIONS APPLICABLE TO PROJECT
Additional provisions:
This Permit is issued in connection with the following findings: Partnering Agency's Cost Share
Application was determined by ACHD to be incomplete due to certain inaccuracies, including,
by way of example and without limitation, the statement that Partnering Agency is not requesting
any Non-Transportation Components. This Permit provides the terms upon which the
incorporation of the Non-Transportation Components into the Road Project are approved.
5
P
IX. GENERAL CONDITIONS OF PERMIT
1. This Permit is issued conditioned upon Partnering Agency's compliance with ACHD's Cost
Share Ordinance No. 215 and all certifications made by Partnering Agency pursuant to this
Permit.
2. This Permit is subject to the provisions of state and federal law and ACHD's Cost Share
Ordinance No. 215, in effect as of the date of issuance of this Permit(the "Applicable Law"). In
the event of any conflict between this Permit and Applicable Law, Applicable Law shall govern.
In the event that any part of the obligations of Partnering Agency or of ACRD in connection with
the Road Project are determined to be illegal or unenforceable by a court of competent
jurisdiction, the remaining obligations of Partnering Agency set forth in this Permit shall still be
applicable. Future amendments and restatements of the Cost Share Ordinance shall not be
applicable to this Permit.
3. If any portion of the ACHD Road Project (including without limitation any portion of the right-
of-way) is damaged as a result of Partnering Agency's action or inaction with regard to the
construction, operation, and/or maintenance of the Non-Transportation Components or the failure
or neglect to construct, operate, and/or maintain the Non-Transportation Components, then
Partnering Agency shall, at its sole cost and expense, correct such deficiency and restore the area
to the same condition it was in prior thereto, and if Partnering Agency or its successors or assigns
shall fail or neglect to commence such correction and restoration within 24 hours of notification
thereof, ACHD may proceed to do so, in which event Partnering Agency shall reimburse ACHD
for the costs and expenses thereof, including, without limitation,reasonable compensation for the
use of staff and equipment of ACHD.
4. Partnering Agency shall be liable to ACHD for any and all damages, fines, fees, obligations to
third parties, costs, expenses, attorney fees, or any other liabilities whatsoever resulting from
Partnering Agency's failure to comply with any provision of this Permit and/or Cost Share
Ordinance No. 215. Without limiting the foregoing in any manner, in the event Partnering
Agency fails to comply with any provision of this Permit, then following any applicable notice
and opportunity to cure set forth herein, ACHD shall have the right, in addition to all other rights
and remedies elsewhere in this Permit, to redesign, replace, and/or reconstruct the Non-
Transportation Components and/or the right-of-way underlying the Non-Transportation
Components, and in such event, Partnering Agency shall reimburse ACHD for all associated
costs. The obligations in this Section shall survive the expiration,revocation, and/or cancellation
of this Permit for any reason.
5. Partnering Agency may delegate any of its responsibilities hereunder to any third party so long as
it gives prior written notice to ACHD that specifies in detail what responsibilities are being
delegated and identifies the third party. Notwithstanding any delegation to a third party,
Partnering Agency shall remain and shall be ultimately responsible for the third party's
compliance with the terms of this Permit, and no delegation shall absolve Partnering Agency of
any duties or obligations of this Permit in any way. In addition,Partnering Agency fully assumes
all legal risks of determining whether any such delegation is proper under applicable law and/or
regulations, and shall not be absolved of any responsibilities under this Permit if it is unable to
complete or maintain any such delegation for any reason.
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6. Partnering Agency will protect, defend, indemnify, and hold ACHD 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 any acts or omissions of Partnering Agency, its agents, or contractors
related to or in connection with the Non-Transportation Components and the exercise of any
privileges or performance of any obligations by Partnering Agency pursuant to the terms of this
Permit. Partnering Agency's obligations in this Section shall survive the expiration, revocation,
and/or cancellation of this Permit for any reason.
7. In the event the Non-Transportation Components will or may necessitate future maintenance,
repair, relocation, or replacement that is not the subject of this Permit, ACHD shall in its
discretion issue Partnering Agency an amended or an additional Cost Share Permit to perform
such work.
8. ACHD shall at all times have the right to relocate, reconstruct, remove, or redesign any and all
improvements that are part of the Road Project. ACHD will use its best efforts to advise
Partnering Agency of any anticipated actions within the Road Project that would be likely to
cause a relocation, modification, or other adaptation of any of the Non-Transportation
Components, and the parties, to the extent reasonably possible, shall agree to a priority schedule
regarding the same and shall attempt to cooperate with respect to planning and coordination as
related to any such relocation, modification, or other adaptation of any of the Non-Transportation
Components. If ACHD ultimately determines that any part of the Road Project must be
relocated, reconstructed, removed, or redesigned, then Partnering Agency, at its sole cost and
expense, shall be responsible for relocating, reconstructing, removing, or redesigning the Non-
Transportation Components, as required by ACHD, which shall be accomplished by Partnering
Agency according to designs,plans,and specifications approved by ACHD in writing prior to any
such work. Partnering Agency may also elect to remove all or a part of the Non-Transportation
Components in lieu of any relocation, modification, or adaptation. Partnering Agency assumes
any and all costs of itself and ACHD relating to any future relocation of the Non-Transportation
Components.
9. ACHD shall at all times have the right to revoke this and any other Cost Share Permit granted to
Partnering Agency to access any Highway or Public Right-of-Way. In addition, ACHD may
immediately perform any and all emergency repairs or take other measures in connection with an
emergency, in which case Partnering Agency shall reimburse ACHD fully for all associated costs.
10. This Permit shall immediately be revocable and/or cancelable by ACHD by providing written
notice to Partnering Agency upon the occurrence of any of the following: (i) a determination by
ACHD that any of the information submitted by Partnering Agency in the Cost Share Application
is false or inaccurate in any manner; (ii) a determination by ACHD that Partnering Agency has
failed to comply with any term or provision of this Permit or any other permit granted by ACHD
to Partnering Agency; or (iii) a determination by ACHD that Partnering Agency has failed to
replace,maintain, and/or care for the Non-Transportation Components as required by the terms of
this Permit. Except in an emergency situation, ACHD shall provide Partnering Agency with
30 days' notice of the issue and an opportunity to comply prior to exercising such rights.
11. The issuance of this Permit shall in no way obligate ACHD to provide Partnering Agency with
additional permits or rights, nor shall ACHD be obligated to utilize provisions or rights set forth
in this Permit in connection with additional permits or rights that it may elect to provide to
Partnering Agency in the future.
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12. All exhibits and any addenda to this Permit are incorporated herein.
13. This Permit is conditioned upon the signature of ACHD and Partnering Agency below.
SIGNATURES
This Cost Share Permit is issued by the Ada County Highway District on the date set forth
above:
Ada County Highway District:
The person signing below represents that he or she has the authority on behalf of ACHD to issue
this Permit and bind ACHD to the terms set forth herein.
By: Br.ucong
Its: Dire
City of Meridian:
Acceptance/certification by Partnering Agency: The person signing below represents that he or
she has the authority on behalf of Partnering Agency to accept and agree to the terms of this
Permit
and bind Partnering Agency to the terms set forth herein.
4;
By: Tammy L. le Weerd
Its: Mayor'
Exhibits
Exhibit A General Depiction of Project
Exhibit B Project Plans
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C'),."''''''' EXHIBIT"A"
TEN MILE,CHETIK P3023
CostRRY Share
TOUSPermitCNo.4ROJECT NO.50
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John S. Franden, President
A _* Mitchell A.Jaurena,Vice President
Rebecca W.Arnold,Commissioner
Sara M. Baker,Commissioner
Jim D. Hansen,Commissioner
EXHIBIT B
Exhibit B is explicit to 99% plan sheets 13 and 14 of ACHD Project No. 503023. All other plan sheets
are not applicable to the cost share application.
Ada County Highway District•3775 Adams Street•Garden City,ID•83714•PH 208 387-6100•FX 345-7650• www.achdidaho.org
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