Memorandum of Understanding with Meridian HUB, LLC for Idaho Power Easement in Centennial ParkMEMORANDUM OF UNDERSTANDING
REGARDING THE CITY COUNCIL APPROVAL
OF THE
IDAHO POWER EASEMENT IN CENTENNIAL PARK
BETWEEN
MERIDIAN HUB, LLC
AND
THE CITY OF MERIDIAN
THIS MEMORANDUM OF UNDERSTANDING is made and entered into this a�
day of April, 2009, by and between Meridian Hub, LLC (Meridian Hub, LLC) and The
City of Meridian, Idaho (City), to establish a mutual understanding the conditions of
approval of an Idaho Power Easement in Meridian's Centennial Park.
WHEREAS, Meridian Hub, LLC is developing a commercial and retail project known as
"The Hub" on the property south of Centennial Park in downtown Meridian; 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, Meridian Hub, LLC and Idaho Power have proposed to locate the sector
and transformer boxes in an area of Centennial Park adjacent to the alley; and
WHEREAS, Meridian Hub, LLC has entered into an Early Entry Agreement with the
Meridian Development Corporation to receive reimbursement for expenses incurred in
the relocation of the utilities associated with the Project; and
MEMORANDUM OF UNDERSTANDING - 1 of 4
WHEREAS, in order to accommodate the location of the sector and transformer boxes
in Centennial Park, Idaho Power has prepared utility easement for execution by the City
of Meridian as Grantor; and
WHEREAS, the location of the sector and transformer boxes in Centennial Park
reduces the usable area in the park; and
WHEREAS, The Meridian City Council considered the Idaho Power easement at their
regularly scheduled meeting of December 16, 2008 and placed certain conditions on
the approval of the Idaho Power easement; and
WHEREAS, the conditions of approval for the Idaho Power easement are to be fulfilled
by Meridian Hub, LLC.
NOW, THEREFORE, the parties hereby agree as follows:
1. City agrees to immediately execute the Idaho Power Utility easement in
Centennial Park, a copy of which is attached to this MOU and incorporated
herein by this reference.
2. Meridian Hub, LLC, at no expense to City, agrees to provide or make necessary
arrangements to provide all labor and materials necessary to remove the power
pole behind the building formerly occupied by the Boys and Girls Club and re -
feed power to the building underground.
3. Meridian Hub, LLC agrees to construct a split block CMU enclosure five feet in
height around the sector and transformer boxes. The design and construction of
the enclosure shall be consistent with the drawing provided by Johnson
Architects, attached to this MOU as an exhibit and incorporated herein.
4. Meridian Hub, LLC agrees to apply a clear anti -graffiti coating to the split face
block according to specifications approved in writing by the City's Department of
Parks and Recreation.
5. Meridian Hub, LLC agrees to install screening -type landscaping materials on the
west, north, and east side of the block enclosure according to a landscape plan
as approved in writing by the City's Department of Parks and Recreation.
6. Meridian Hub, LLC agrees to make best efforts to communicate with ESI the
City's desire to add piping to the electrical ditch to allow for future landscape
water. The labor and irrigation piping will be provided by City, through its Parks
Department.
7. Meridian Hub, LLC's obligations under this agreement shall be fulfilled
concurrently with the Hub development.
MEMORANDUM OF UNDERSTANDING - 2 of 4
8. In the event that Meridian Hub, LLC fails to fulfill its obligations under this
agreement, City reserves the right to utilize any available legal remedy, including
actions for damages or specific performance.
9. If a suit, action, or 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 any
settlement negotiations, (ii) incurred in preparing for, prosecuting or defending
any suit, action, or other proceeding, and (iii) incurred in preparing for,
prosecuting or defending any appeal of any suit, action, or other proceeding. For
the purpose of this section, "attorney fees" shall mean and include (i) attorney
fees and (ii) paralegal fees. This section shall survive and remain enforceable
notwithstanding any rescission of this MOU or a determination by a court of
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 performed under this
MOU
12. Except as expressly provided in this MOU, and to the extent permitted by law,
any remedies described in this MOU are cumulative and not alternative to any
other remedies available at law or in equity.
13.The failure or neglect of a party to enforce any remedy available by reason of the
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 by a party
(i) shall not affect any term or condition other than the one specified in such
waiver, and (ii) shall waive a specified term or condition only for the time and in a
manner specifically stated in the waiver.
14. Subject to any express provisions in this MOU regarding restrictions on transfers
or assignments, this MOU shall be binding upon and inure to the benefit of the
parties and their respective successors, assigns, heirs, personal representatives,
purchasers, or transferees of any kind.
15. The city will own and maintain the enclosure. Meridian Hub, LLC through their
contractor will provide a one year warranty on the construction of the enclosure.
MEMORANDUM OF UNDERSTANDING - 3 of 4
IN WITNESS WHEREOF, the parties do execute this Memorandum of Understanding
the day and year first above written.
Meridian Hub, LLC.
By ,a A
Mike McCabe, Managerl 2 slo
CITY OF MERIDIAN, IDAHO
By:
'- - � z 2 � �&-: /�� 0 V I
Tammy de W71
, Mayor
Attest: ���pF M��®®-:,,,fes
ayceedl. Holman, City Clergy bo`�
MEMORANDUM OF UNDERSTANDING - 4 of 4
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Easement --Organization
C e±y o4P fAe-r Z&. air. smKa w __Tdtslime, Corporuf'*�Grantor(s)", of
AAdL County, State of—:V7tRa6%n , do hereby grant and convey to IDAHO POWER
COMPANY, a Corporation, with its principal office located at 1221 W. Idaho Street, Boise, Idaho, 83702 (P.O. Box 70, Boise,
ID 83707), its licensees, successors, and assigns, (collectively, "Grantee"), for One Dollar and other valuable considerations,
the receipt and sufficiency of which is hereby acknowledged, a permanent and perpetual easement and right of way, at all
times sufficient in width for the installation, erection, continued operation, maintenance, repair, alteration, inspection and/or
replacement of the following:
Underground Facilities: Underground electrical power line or lines and related facilities and equipment, generally including,
but not limited to, buried power lines and wires, above -ground pad -mounted transformers, junction boxes, cables, conduits,
other equipment, and all related appurtenances, any of which may extend above ground, in certain locations to be determined
by Grantee at Grantee's sole and absolute discretion (all of the above collectively being referred to as the "Facilities") together
with the right to permit the attachment and/or use or placement of the wires, fixtures, cables and conduits of other companies
or parties (all of the same being included within the definition of "Facilities"), on, over, through, under, and across the
following premises belonging to Grantor(s) in a County, State of �Aako , in the
location described below;
Grantee is hereby also granted the perpetual right of ingress and egress over Grantor's other property necessary for the full and
complete use, occupation, and enjoyment of the easement hereby granted, and together with all rights and privileges incident
thereto, including, but not limited to, (i) the right, at Grantee's expense, to excavate and refill ditches and trenches for the
location of the Facilities, (ii) the right, at Grantee's expense, to cut, trim, and remove trees, brush, bushes, sod, flowers,
shrubbery, overhanging branches and other obstructions and improvements which may injure or interfere with Grantee's use,
occupation, or enjoyment of this easement, and (iii) the right, at Grantee's expense, to install, construct, operate, inspect, alter,
maintain, replace, improve and repair any and all aspects of Grantee's Facilities over, through, under and across the lands
subject to this easement.
� f
The location of the easement and right of way granted herein is described as follows: S&-a—..?.tiCl�:da� A Kees+ -
Grantor shall not alter the grade or elevation of the land within the right-of-way existing on the date hereof through
excavations, grading, installation of berms, or other activities without the prior written approval of Grantee. Grantor shall not
place nor build any structure(s) within the easement area except fences and except as otherwise approved by Grantee in
writing.
This Easement shall run with the land and be binding upon the parties' successors and assigns.
Executed and delivered this day of ,
Checked by _
Work Order #
Signa e(s) of Grantor(s) (Include ' e where applicable):
ROW 033 (9/07) Page 1 of 2
Person Acknowledging Instrument Unknown To
Notary But Proven To Be The Signer By Satisfactory Identification
STATE OF n O
ss.
COUNTY OF
On this 5 ` day of mz , 20 Oq, before me (Notary's Name)
—7% {� , YQ,ep'� a notary public, personally appeared ��i'YWIP Yt
and (Individual(s) Name) proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that
he/she/they executed the same.
(NOTARY SEAL)
ROW 033 (9/07) Page 2 of 2
- �113 a ffj4u—(�X�
Notary Public `
My Commission Expires on1�—
RENNISON FODREA, iNc.
ENGINEERS -SURVEYORS -PLANNERS
Date:12/8/2008
Fadu t "A"
Power Line Easement
A power line easement located in the NEI/4 of the SWV4 of Section 7, T. 3 N., R. i E.,
B.M., City of Meridian, Ada County, Idaho being a portion of Lott 4 and 5, Block 2,
Amended Plat of Rowan Addition, Book 2, page 52, Plat records of said Ada County being
more particularly damlmd as follows:
Commencing at a found brass cap monamentmarking @ie paint of ikon ofthe
centerlure of East Idaho Ave= and the cue of East Second Stott, Thence a bearing of
S 88°43'11" E, a distance of 384.28 feet on said cntmline ofEast Idaho Avenue to a found
1/2 inch iron pin rnaddng the point ofinteniection of the interline of East Third Street and
said centedine of East Idaho Avenue, Thence a bearing of S 01121'55" W, a distance of
160.11 feet on said cxntealine of East Thud Street to a point; Thence a bearing of N 88°42'40"
W, a distance of 156.85 feet on the south boundary of Lois 1 t}mough 4 of said Block 2,
Amended Plat of Rowan Addition and the easterly extension Unroof to a point on the south
boundary of said Lot 4, Block 2, Amended Plat of Rowan Addition being the TRUE POINT
OF BEGINNING
Thence a bearing of N 88°42'40" W, a distance of 23.14 fejt on the south boundary of said
Lots 4 and 5, Bloch 2, Amended Plat of Rowan Addition to a point; Thence a bearing of N
00°39'55" E, a distance of 9.00 feet to a point; Themes a bearing of S 88°42'40" E, a distance
of 23.24 feet to a point; Thence a bearing of S 01 °17'24' W, a distance of 9.00 fed to the
POINT OF BEGINNING.
Said easement contains 208.75 sq. $ more or lease.
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