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Pump Station Operation and Maintenance Agreement with Nampa Meridian Irrigation District for Seasons ParkADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT 21.00 BOISE IDAHO 03/12107 08;12 AM DEPUTY Bonnie Oberbillig III IIIIIILII'�LI'IIIIII'I�'I'I I II III RECORDED -REQUEST OF 107034539 Nampa Meridian Irrigation Dist PUMP STATION OPERATION AND MAINTENANCE AGREEMENT FOR SEASONS PARK DEFINITION. In this Agreement certain words appear which have the following meaning: "Owner" or "Owners" means the City of Meridian, a municipal corporation, the owner of the land to which irrigation water will be distributed by the urban irrigation system that is the subject of this Agreement. "Agreement" means this written and signed Agreement (contract) entered into between the Owner and Nampa & Meridian Irrigation District. "Subject Property" means the real property commonly known as Seasons Park and more specifically described in Paragraph 2 below. "NMID" means Nampa & Meridian Irrigation District. 2. PROPERTY COVERED BY THIS AGREEMENT. This Agreement is intended for the benefit of the Subject Property which is more particularly described as Lot 2, Bock 4, Tricia's Crossing Subdivision, according to the official Plat thereof, filed in Book 90 of Plats at Page 10615, official records of Ada County, Idaho. 3. PUMP STATION. The pump station, pumps, electrical panels and related fixtures to serve the Subject Property is or will be located in Seasons Park. The Owner will provide all labor, materials and equipment necessary to construct the pump station, pumps, electrical panels PUMP STATION OPERATION AND MAINTENANCE AGREEMENT - PAGE 1 and related fixtures. The work will proceed according to the specifications of NMID in effect at the time the work is done to the satisfaction of the Water Superintendent of NMID with his prior consent and approval. 4. GRANT OF EASEMENT. Owner hereby grants to NMID a perpetual easement for ingress and egress to the pump station to install, maintain and operate the pump station in Seasons Park as more particularly described in Exhibit A which is attached hereto and incorporated herein by reference. This easement shall be perpetual and continue so long as it may be necessary and required by NMID to operate, maintain and repair the pump station and is binding on Owner, its successors and assigns. 5. OWNERSHIP. Owner intends to construct own, operate, maintain, repair and replace the pressurized irrigation distribution system which will be located within the Subject Property. NMID shall own, operate, maintain, repair and replace the pump station, pumps, electrical panels and related fixtures. The system owned by NMID does not include any pipelines, connections, valves or fittings installed within the Subject Property to distribute irrigation water. 6. IRRIGATION WATER. NMID will provide irrigation water to the pump station during the regular irrigation season. The irrigation water to be provided to the Subject Property shall be in the amount and in accordance with the water rights of the Subject Property. Owner will then be responsible for distribution of the irrigation water in its own distribution system within the Subject Property. 7. OPERATION AND MAINTENANCE; AGREEMENT FOR ASSESSMENT FOR OPERATION AND MAINTENANCE. Owner agrees that NMID may levy and collect annual assessments against the Subject Property to defray the cost and expense of the operation, maintenance, repair and replacement of the pump station and facilities owned by NMID to the Subject Property. If additional land other than the Subject Property is served by the pump station, such costs will also be levied and assessed against each tract of land served by the pump station and irrigation system owned by NMID to defray the cost and expense of such operation, maintenance, repair or replacement by NMID. The Board of Directors of NMID shall apportion to each tract of land a portion of the cost of operation, maintenance, repair and replacement of PUMP STATION OPERATION AND MAINTENANCE AGREEMENT - Page 2 this irrigation system, on the basis of the ratio between the acreage in that property and the total acreage in all properties served by the pump station and distribution lines. 8. WATER QUALITY. Neither Owner or its successors and assigns shall make any cross -connection or tie in or allow a cross -connection to exist between pipes or conduits carrying domestic water supplied by any public or private water service system, and any pipes, conduits or fixtures containing or carrying any used water, irrigation water, or any water or substance from any other source whatsoever, without prior approval of NMID. 9. NO LIABILITY FOR LACK OF WATER. The parties acknowledge that the availability of irrigation water is not always reliable. Irrigation water may not be available due to drought, harsh weather conditions, governmental actions or other causes. District shall have the right to shut off the irrigation water supply to the Subject Property or any part thereof, at any time, without notice, for repairs or any other maintenance and operation procedures, including but not limited to the end of the irrigation season. District shall have no liability whatsoever to Owner, a tenant or others for any damages to, or loss of lawns, landscaping or the like caused from shutting off the irrigation water supply or for lack of water. 10. SUPPLEMENTAL WATER.. Supplemental water (water provided both before and after the regular irrigation season) may be provided to the Subject Property by the City of Meridian. The City of Meridian will not charge NMID for any of the costs associated with the City of Meridian providing supplemental water to the Subject Property. 11. ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties hereto with respect to the subject matter of this Agreement. 12. GOVERNING LAW. This Agreement shall be construed under, and governed by, the laws of the State of Idaho. 13. BINDING EFFECT. This Agreement shall bind the parties hereto and their respective heirs, personal representatives, successors and assigns. PUMP STATION OPERATION AND MAINTENANCE AGREEMENT - Page 3 have hereunto caused theix names t0 be WITNES S wHEREOF, the partes IN , 2007 ubscribed this -""'day of CITY OF MERIDIAN s THE Bycity Clerk ATTEST' �'` a s Cs�,a�1 L ."�����.- GATION DISTRICT sy I OPERpTtON pND Mp1NTEN ANCE pGR�EMEN'T Page 4 PUMP STpT10N STATE OF IDAHO ) ss: COUNTY OF Ada ) On this 'N0 d day of q� MWU- uu , 200 Q? , before me, the undersigned, a notary public in and for said state, personally appeared TAMMY DE WEERD and W vt��'wUl(.�?�l f, ;; /; , Mayor and City Clerk of the City of Meridian, know to me to the Mayor and City Clerk of the City of Meridian that executed the foregoing instrument and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this&gjfficate first above written. K.o; J a a STATE OF IDAHO ) ss: COUNTY OF CANYON 1 �I'l to Notary Public for the State of Idaho Residing at ��%�/t-i;j ��r,1 , ��.d , Idaho My commission expires: On this 6 "` day of � , 200 7','/before me, the ujidersigned, a NotaryR)ublic in a d for said State, personally appeared oUD�f.:c6 G(/,_Qt ander . ("7%C- , known to me to be the President and Secretary, respectively, of NAMPA & MERIDIAN IRRIGATION DISTRICT, the irrigation district that executed the foregoing instrument and acknowledged to me that such irrigation district executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. sage N. ee°eO�� PpO N . V,0 eeee ,t�oT.aRr °ec+ Notary Public for Idaho 0 m Residing at �� , Idaho My Commission Expires: 0V 2451% °°O®oeoa eo0e OF 1D PUMP STATION OPERATION AND MAINTENANCE AGREEMENT - PAGE 5 1: PlPM MASON ASSOCTr,-E:S M0.374. P.2' -,-9nd Surireycrd Placers V J. 4 Badiola St. Cpjdvveff, 10 -953(X5 45+-c�,7m Fax; -(2-08) 4,54-0979 1 )h- ej; P7 - FOR: Vidian PaAs JOB. NO.: J -Y0205 9 3-3 DAM: August IS, 2006 ?U';NLU STATION t-ASV&M, NLT DESCRn-MON 'An easement lying in 1,ot2, Block 4 of T-ficia's Crossing �* a padon of ih6 N -E,1/4 Sbcdon 4, Township 3 'jqorth- Range I West, Boise Maridia% Ada County 1da . ho, more pardcularly described as ' Commeming.at the southeast comer of said NEIA monu��t4wiffi a inc hbrassdi*' Thence N. 0011.3-00 21" E., a distance of 2,' 53.00 feet along tla6 east bdmda*. of said NE174 to a 518. Thene6 N 990'1 S" 23" W., a d&tamce of 716.20 feet :monk -ffie.60,6- bogy of Tricia's Smb&visim-N6. 2 to a point on the northerly Njundary of VieWs CTOSSiD& -vid pmt monumented With a 518 inch iron. pin; Tbexzce 14.57°'41' 45" W., a distame,.-)F613.96 h",. along said northerly botadary of TrieWs /2inc Cr -ass's to Lbe northmmily comeT clf&md Lyt 2, said comermonummted W 1 h iron din; . to Thence N. 57i5 41' 45" W, a distmce of 48.05 feet 'along the wrffierlY b0tmdWY of saidLot 2 the POINT OF DEGWG; Feet Z a point; Thence S. k6 13'- 1 W., a distxx- cr,,`60.9 T 1h6heeN. 57*41'45'-W., a distance of 2A,00 feettoa�idt;: a diStar 'p- ,_ of'o.91, fedi ed, to a point; Thence S, 576 41' 45" E., a diswnc:a cf 24.00 fed to the?,Oh'i T OF SIT' 8JECT TO ALI exisV r., �� Of way and of =,ord or impbed mpew:zg on the above scribed mml of Md. fang a 10 E Ae I T A L: ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT 12.00 BOISE IDAHO 03112107 08:12 AM DEPUTY Bonnie Oberblllig RECORDED -REQUEST OF ILI IIIIIIIIICIIIIIIIIIIIIIII IIIII I ��� Nampa Meridian Irrigation Dist 107034590 BILL OF SALE FOR PUMP STATION IN SEASONS PARK KNOW ALL MEN BY THESE PRESENTS, That on this day of 200_, THE CITY OF MERIDIAN, an municipal corporation, hereinafter referred to as "Seller", for good and valuable consideration, the receipt of which is hereby acknowledged from NAMPA & MERIDIAN IRRIGATION DISTRICT, hereinafter referred to as "Buyer", and does by these presents Grant, Bargain, Sell and Convey unto Buyer, and its successors and assigns, the personal property listed as follows: The pump station, pumps, electrical panels and related fixtures located in Seasons Park, a legal description of the location of the pump station is more particularly described in Exhibit A attached hereto and incorporated herein by reference. TO HAVE AND TO HOLD the same to Buyer, and its successors and assigns forever; and Seller does covenant and agree to and with Buyer, and its assigns to WARRANT AND DEFEND the sale of said property, goods and chattels hereby made, unto Buyer and its successors and assigns, against all and every person and persons whomsoever, lawfully claiming or to claim the same. IN WITNESS WHEREOF, Seller does hereunto set its hand the day and year first above written. By City Clerk BILL OF SALE - PAGE 1 THE CITY OF MERIDIAN 6'6 cl­,-u.c. /—g --v 7 `i STATE OF IDAHO ) ss: COUNTY OF Ada ) On this 'Zlo cl day of 4 ch,''Vt,t IC;t) , 200 C>? , before me, the undersigned, a notary public in and for said state, personally appeared TAMMY DE WEERD and W" ji kkov -, ELj 4'. , Mayor and City Clerk of the City of Meridian, know to me to the Mayor and City Clerk of the City of Meridian that executed the foregoing instrument and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. OQK D80@bO D T 4, m m o o o o e a ® OF T®© 00800 BILL OF SALE - PAGE 2 0) Notary Public for the State of Idaho Residing at ` nu I tor., , Idaho My commission expires: 20 .06 I: Lon MASON & ASSOCIATES s. NO. 374: P.2 Professibfial- Engineers, Labd SuNeyors'and Planners ' Z 314 BadiOla St. Caldwell, .dwall. 10 454�WM Fa,: (208) 4,54-0979 Qh PAn FOR: Meridian Parks JOB. NO 3 O205 DATE: August 15, 2006 PIRMY STATION t-ASE)KENT DESCRIMON ' An ms=ert lying in Lot 2, Block 4 of Tricia's Cros:mw bi i�g a pi on of the NE I eA mon 4 Tovmship 3 Ngrtb, Range I WM Boise Meridian, Ada Co 't Idabo, inore particuWly described as com"i4q at the southeast comer of said NE1/4 mon=axted6 !�a 3-iDbh brass dW- Thence N. 00*:38'. 21"E., a distance of'2163.00 fed along, em thij bd�mdary of said NEV4 to a 518 Thencb..N. 89018" 23" W., a dLtaace of 716.28 feet along the. PO:Wh bduadwy of Trivia's SubdivW onNo: to a point on the northerly boundary of TxkWs C=*W., smd point monumented with 518 inch iron pbi; Thda ce.14.57'--41' 45" -W., a distmwe 613-96 fed along said northerly botnfty of Tticia's Crossing to the northeasterly comer of said Lot 2, said comer wonijbiented with a 1/2 inch iron pu4 0 northerly bo=iazy ®f said Lot 2 to Thence N. $71 41' 45" W., a distance of 48.05 feet along the the POINT OF REGWUNG; Thence S. 32c' 18' 15- W., a &W -we of60. 7 feet to a Point; Th6ftce- N. 57°.41' 45- W., a distance of 24.00 feet to a Poizit; The= N. 32° 181 15" TLE., a diMnez- of 60.97 ifec< to a POW; Thence S, 576 41' 45" E a distance of 24-00 fed to the POINT Of MGDUWG- SAMILMICT T %Q All existing rdg5Z of way and easen—nent-s of re =-d Or implied a-PIPMmg on the above-desmibed pucel of land. EZHoairA 15.2006 1: No. 374 p,3