Gordon Harris NMID Partial Recision_recordedADA COUNTY RECORDER Christopher D Rich 2015-075558
BOISE IDAHO Pgs=4 NIKOLA OLSON 0811712015 02:43 PM
NAMPA MERIDIAN IRRIGATION DIST NO FEE
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00134632201600755580040045
PARTIAL RESCISSION OF CONSTRUCTION CONTRACTS
FOR URBAN IRRIGATION PERTAINING TO
GORDON HARRIS PARK
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 real property subject to this Rescission.
"District" means Nampa & Meridian Irrigation District.
"Rescission" means this written and signed Rescission entered into between
the Owner and District.
"Agreements" or "Prior Agreements" mean the written and signed
Agreements (contracts) previously entered into pertaining to real property located in
Kiwanis Park.
2. STATUTORY AUTHORITY. The Prior Agreements were made under the
authority of Idaho Code § 43-330A through 43-330G.
3. PARK PROPERTY. Owner has developed a city park common]) 1wown as Bordon
Harris Park, flea, Kiwanis Park. Part of the park property includes lots that were included in the final
plat of several subdivisions. Each of these subdivisions entered into a Prior Agreement with District
for the operation, maintenance, repair and replacement of the pressurized irrigation system within
the subdivisions. Owner now wants to exclude the lots which are part of Gordon Harris Park from
the pressurized irrigation systems which were subject to the Prior Agreements.
PARTIAL RESCISSION - Page I
4. PRIOR AGREEMENTS. The Prior Agreements are as follows:
a. Los Alamitos Park Subdivision No. 3. Farwest, L.L.C. and District entered into an
Addendum to Construction Contract for Urban Irrigation System in Los Alamitos Park Subdivision
No. 3 on the 15`h day of July, 1997, recorded on the 24`h day of July, 1997 as instrument number
97058716 and Addendum to Construction Contract for Urban Irrigation System in Los Alamitos
Park Subdivision No. 3 on the 2"d day of September, 1997, recorded on the 4"' day of September,
1997 as instrument number 97072270.
b. Thousand Springs Subdivision No. 5. Farwest, L.L.C. and District entered into an
Addendum to Construction Contract for Urban Irrigation System in Thousand Springs Subdivision
No. 1 to Include Thousand Springs Subdivision No. 5 on the 7"' day of September, 1999, recorded
on the 8" day of September, 1999 in the records of Ada County, Idaho as instrument number
99089739.
c. Gramercy Subdivision. Kenai Partners, LLC and District entered into a Construction
Contract for Urban Irrigation System in Gramercy Subdivision No. 1 on the 6`h day of February,
2007, recorded on the 12`h day of February, 2007 in the records of Ada County, Idaho as instrument
number 107020167.
5. RESCISSION OF PRIOR AGREEMENTS. Owner and District hereby agree to
rescind the Prior Agreements as to the following lots:
a. Lot 10, Block 9, Los Alamitos Park Subdivision No. 3;
b. Lot 57, Block 4, Thousand Springs Subdivision No. 5;
c. Lot 8, Block 3, Gramercy Subdivision No. 1.
No other lots within these subdivisions is affected by this Rescission. Owner shall assume
all responsibility for the pressurized irrigation system within these lots effective the date of this
Rescission.
6. NO LIABILITY. District shall have no liability whatsoever to Owner or any third
party as a result of the Prior Agreements. Owner hereby agrees to defend, indemnify and hold
District harmless from and against any and all claims, demands, actions, proceedings and j udgments
of any kind or nature, directly or indirectly, including reasonable attorney's fees and related costs,
resulting from or in connection with the Prior Agreements or pertaining to the premises listed in
Paragraph 4 herein.
PARTIAL RESCISSION - Page 2
7. ASSESSMENTS. Owner will pay all pressurized irrigation assessments through the
year 2010 as set forth in the Prior Agreements.
8. ENTIRE AGREEMENT. This Rescission contains the entire agreement between the
parties hereto with respect to the subject matter of this Rescission.
9. GOVERNING LAW. This Rescission shall be construed under, and governed by,
the laws of the State of Idaho.
10. BINDING EFFECT. This Rescission shall bind the parties hereto and their
respective heirs, personal representatives, successors and assigns.
11. AUTHORIZATION OF SIGNATURE. Owner hereby warrants that the person
signing this Addendum has been authorized to do so by Owner.
12, AMENDMENTS. Amendments to this Rescission shall be made only by written
instrument executed by each of the parties hereto.
IN WITNESS WHEREOF, the parties have hereunto caused their names to be subscribed
thisday of , 2015.
7,11 I'll'' O17
By
T de Weerd, Mayor
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City (talc SEAL
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NAMPA & MERIDIAN IRRIGATION DISTIUC-T
PARTIAL RESCISSION - Page 3
"Do not pray for easy lives; pray to be stronger men
powers eFa` 9yQUt1lPdMq " )
Phillip Brooks ) ss:
COUNTY OF Ada )
Do not pray for tasks equal to your powers; pray for
-k--
On this day of_ �) l 2015, before me, the undersigned, a notary;)ublic
in and for said state, personally appeared TAMMY DE WEERD and-, (ee 4—I i tY ca rl
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.
STATE OF IDAHO
ss:
County of Canyon
Notary Public for the Sfa-te of daho
Residing at 14 ),-,'C1 \ a.y-� , Idaho
My commission expires:
On this Ik day of , 2015, before me, the undersigned, a Notary Public in
and for said State, personally appeared S X\V\\-w CJ, �� Y1 Z, and
DCU e,n '.. Uo yl '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.
PARTIAL RESCISSION - Page 4
Wtary Public for,,kdaho
Residing at bK�y , --T-D , Idaho
My Commission Expires:n\\