C15, LLC Settlement and Release Agreement Irrigation Well Impressive Eastridge Subdivision t
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ADA COUNTY RECORDER Phil McGrane 2020-015082
BOISE IDAHO Pgs=4 BONNIE OBERBILLIG 02/06/2020 09:16 AM
CITY OF MERIDIAN, IDAHO NO FEE j
RECORDING REQUESTED BYAND I
WHEN RECORDED RETURN TO:
City Cleric
City of Merldlan
33 E.Broadway Avenue
Merldlan,ID 83642
SETTLEMENT AND RELEASE AGREEMENT
This SETTLEMENT AND RELEASE AGREEMENT is made this 4th day of
February,2020 by and between the City of Meridian,a municipal corporation organized
under the laws of the State of Idaho,whose address is 33 East Broadway Avenue,
Meridian,Idaho (hereinafter"City"),and C15 LLC,an Idaho Limited Liability Company
(hereinafter"C15")(collectively,"Parties").
WHEREAS,C15 is the owner of parcel number R4207720800,legally described
as Lot 17,Block 2 of Impressive Eastridge Sub No. 1,Meridian,Idaho,in Ada County, j
Idaho (the"C15 Property");
WHEREAS,the C15 Property is the site of an irrigation well to provide
landscape irrigation water to the Impressive Eastridge Subdivision;
WHEREAS,the C15 Property is in the West Ada Area of Groundwater Concern
which required the irrigation well to be constructed to a high standard to protect water
quality for current and future users within Meridian'impact area. The well construction
requirements were a condition of approval of the Impressive Eastridge Subdivision and
were incorporated into a Development Agreement dated June 15,2018;
WHEREAS,the irrigation well,as constructed,does not Rilly comply with the
applicable well drilling standards and City has considered whether to require that the well
be abandoned by C15 LLC(the"Dispute");
WHEREAS,as an alternative to abandoning the well,the parties have arrived at
an alternative solution to settle the Dispute on the terms and conditions set forth herein.
NOW,THEREFORE,in consideration of the premises and mutual promises
contained herein,the Parties agree as follows;
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I, ACCOMMODATIONS FOR WATER QUALITY TESTING AND COST
REIMBURSEMENT.
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A. C15 LLC shall reimburse City for the cost of water sampling by a
professional hydrogeologist and lab analysis by a vendor/contractor of
City's choosing,up to $2,600.00
B. C 15 LLC shall provide a point of contact for site visits and coordination
necessary for City and City's contractor to set up sampling.
C. C 15 LLC shall provide a sample tap at the well acceptable to City by June I
1, 2020. The sample tap must allow sample to be taken without exposure
of water to atmosphere, and the sample tap shall be a permanent addition
to the irrigation well system.
D. C 15 LLC shall provide access to the welland water meter(or power
records for the well, and pump/motor information) so City can determine
the volume of water that has been pumped prior to sampling.
E. C15 LLC shall accommodate City's need to perform the water sampling
during the summer of 2020 when the well is in use.
F. C 15 LLC and its successors and assigns shall allow City license and
access to the sample tap to allow additional sampling at any time in the
future.
G. C 15 LLC shall provide City with a copy of the application that the well
driller submitted to Idaho Department of Water Resources for this well.
II. RELEASE.
In consideration for C15 LLC's faithful performance of the terms of this Agreement, the
City, for itself and its affiliates, successors, and assigns, hereby fully, completely, and
forever releases,remises,and discharges C 15 LLC and its officers,employees,affiliates,and
agents from any and all claims,actions,causes of action,lawsuits,suits,demands,damages,
injuries, losses, costs, and liabilities whatsoever, whether currently known, unknown, or
which may arise in the future,resulting from,arising out of,or in any way connected to the
construction of the irrigation well at the C15 Property,the Dispute,or the underlying facts
giving rise to the Dispute. Nothing in this Agreement is meant to, and does not, release
claims and remedies for breach of this Agreement or relieve any party hereto of its
obligations under this Agreement.Nothing in Agreement is meant to,and does not,amend
the terms and conditions of the Development Agreement applicable to the Impressive
Eastridge Subdivision.
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Meridian City Council Meeting Agenda February 4,2020— Page 194 of 298 PAGE 2
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III.GENERAL PROVISIONS.
A. TIME IS OF THE ESSENCE, The Parties acknowledge and agree that time is strictly of
the essence with respect to each and every term, condition, and provision of this
Agreement, and that the failure to timely perform any of the obligations hereunder
shall constitute a breach and default hereunder by the Party so failing to perform.
B. RECORDATION. City shall record this Agreement, at City's cost.
C. BINDING UPON SUCCESSORS. This Agreement shall be binding upon any and all
owners of the C 15 Property , any and all subsequent owners thereof, and each and
every other person acquiring an interest in the C15 property. Nothing herein shall, or
shall be construed to, in any way prevent the sale or alienation of the C 15 Property, or
any portion thereof, except that any sale or alienation shall occur subject to the
provisions of this Agreement, and any successive owner or owners shall be both
benefited and bound by the conditions and restrictions herein expressed.
D. SEVERABILITY. If any provision of this Agreement is held invalid by a court of
competent jurisdiction, such provision shall be deemed to be excised herefrom and
the invalidity thereof shall not affect any other provision or provisions contained
herein.
E. ATTORNEY FEES. Should any litigation be commenced between the parties hereto
concerning this Agreement,the prevailing party shall be entitled, in addition to any
other relief as may be granted,to court costs and reasonable attorney fees as
determined by such court. This provision shall be deemed to be a separate contract
between the Parties and shall survive, inter alia, any default,termination, or forfeiture
of this Agreement.
F. COMPLIANCE WITH LAWS. Throughout the course of this Agreement,the Parties
shall comply with all applicable laws, ordinances, and codes of Federal, State, and
local governments. This Agreement shall be governed by and construed and enforced
in accordance with the laws of the State of Idaho, and the ordinances of the City of
Meridian.
G. ADVICE OF ATTORNEY. Each party warrants and represents that in executing this
Agreement, it has received independent legal and financial advice from its attorney
and/or financial advisor, or has had adequate opportunity to seek such advice.
H. APPROVAL REQUIRED: This Agreement shall not become effective or binding until
approved by the City Council of the City of Meridian.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement on
the date first written above.
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C15 LLC: STATE OF IDAHO )
SS:
Meridian City Council Meeting Agenda February 4,2020— Page 195 of 298 PAGE 3
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County of
I HEREBY'CERTIFY that on this 1P dayofjAk--ivy ZUz D
7ini C ger,T .. nb1q1;, before the undersigned,a Notary Public in the State
��.�! ENE J •�e�o of Idaho,personally appeared1lin I).Conger,proven
eP•••�i•..eQl�'ff�.'� tome to be a Menitier of C15 I LC who.executed the
�a; •, yr said instrument,and acluiowledged to that said
t 1yOTAR
1, 11. Linnited Liability Company executed the same,
AUB Ll M IN WITNESS WHEREOF,I have hereunto set my
hand and affixed my official seal,the day and year in
i j`•:9, ,{�;•'p , this cerf' c to first above written:
•q•r�„O +r•A4• Notary Public for Idaho
Residing at Idaho
My Commission Expires:
CITY OF MERIDIAN:
BY:
Robert B. Simis ayor. o�P� D AU���T; i
Attest: $ {iw of
s;o so
�nnHo
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SEAT.
STATE OF IDAHO )
ss:
County of )
I HEREBY CERTIFY that on this'day of {
P ,2020 before the iindersigned,allotary
Publi the State of Idaho,personally appeared
Robert E.Simison and Chris Johnson,the Mayor and:
City Clerk,respectively,of the City of Meridian who
did execute and-attestthe said instrument,and {
acknowledged to me that said City of Meridian
CHARLENE WAY executed the same,
COMMISSION 067390 IN WITNESS WHEREOF,I have hereunto set my
NOTARY PUBLIC hand and affixed my official seal,the-day and year in �
STATE OF IDAHO this certificate first above written, ;
Y COMMISSION EXPIRES8/22
o-pijv .
Notary Publi' also,
Residing of S-AJ d-L� ,Idaho
My Commission Expires:3. a -..�1__ OA
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