Sewer Connection 139 E Idaho Temporary Construction Easement (Emily will get to me to get recorded) RECOROM REQUESTED BY AND
WHEN RECORDED RE T TO
City cta*
07y of Maidan
33E-aioadwayAvenue
ID 33642
TEMPORARY CONSTRUCTION EASEMENT AND
AGREEMENT FOR CONNECTION TO SEWER SERVICE:
139 E IDAHO AVE,MERIDIAN,III 83642-0000
This TEMPORARY CONSTRUCTION EASEMENT AND AGREEMENT FOR
CONNECTION TO SEWER SERVICE("Agreement")is made this26th day of March
2024("Effective Date"), by and between the City ofMeridian, a municipal corporation organized
under the laws ofthe State ofldaho,whose address is 33 East Broadway Avenue, Meridian, Idaho
("City"),and KENT D MURRI, owner ofthe property at 139 E IDAHO AVE, Meridian,Idaho
("Property Owner")collectively,"Parties").
WHEREAS,Property Owner is the owner ofthe property at 139 E IDAHO AVE,
Meridian, Idaho, Ada County parcel no. R5672000636, PAR40636 SLY POR LTS 11112 BL4
(" Pe ');
WHEREAS,the sewer line serving Property is currently located in the alley to the north
ofthe Property;
WHEREAS, in Spring 2024,pursuant to its authority under Idaho Code section 50-332,
the City of Meridian will begin a public works project that includes installing a new sewer main
along NE 2nd St from E Idaho Ave to the alley south of the Property("Project");
WHEREAS,to improve efficiency and long-term viability ofsewer service to properties
along NE 2nd St from E Idaho Ave to the alley south of the Property,including the Property,
the City has offered to assess the feasibility ofrerouting the plumbingserving Property to connect
to the new sewer line alongNE 2nd St and, if it is feasible,to cause such work to be completed at
the City'sexpense;and
WHEREAS, Property Owner has accepted this offer and wishes to authorize City 1)to
initiate the feasibility assessment,and2)ifhe Citydetermines that it is feasible, to include in the
scope ofwork for the Project the rerouting ofthe plumbing serving the building at Property and
its connection to the new sewer line;
NOW,THEREFORE,for good and valuable consideration, the receipt and sufficiency
ofwhich is hereby acknowledged and agreed,and in consideration ofthe mutual promises and
covenants herein contained, and in consideration ofthe recitals above,which are incorporated
herein,the Parties agree as follows:
I.COMMITMENTS BY CITY.
A. FEASIBILITY ASSESSMENT.Within one hundred and eighty (180)days of execution of this
Agreement,City shall conduct an assessment of the structural integrity,plumbing condition,
and other factors and risks related to the feasibility of replumbing the building at Property to
connect to the new sewer main to be placed in the right-of-way along NE 2nd St.
B. IF NOT FEASIBLE.If,in the City's sole discretion, it is not feasible to replumb the building at
Property and connect it to the new sewer main to be placed in the right-of-way along NE 2nd
St,the City will take no further action with regard to the Property. The Property will continue
to be served by the sewer in the alley to the south.
C. IF FEASIBLE.If, in the City's sole discretion, it is feasible to replumb the building at Property
to connect it to the new sewer main to be placed in the right-of-way along NE 2nd St,the City
shall:
1. Add this work to the scope of work for the Project,and shall complete such work at the
City's sole expense. This work shall include restoration of the exterior and,if required,the
interior of the Property to its general pre-Project condition, as nearly as is feasible.
2. Contact Property Owner to provide details regarding scheduling,timeline,and the next
steps for completion of this work.
3. Select a general contractor who will hire a licensed plumber to install all related plumbing
and infrastructure necessary to connect the building at Property to the new sewer main
along NE 2nd St. Such work shall be completed in accordance with the regulations of
the Building Services Division of the City of Meridian Community Development
Department,the City of Meridian Public Works Department,and any and all other
applicable rules or laws.
4. As practicable,provide notice to Property Owner of any need to access the Property and
building thereon in order to complete City's obligations under this Agreement.
D. PROVISION OF SEWER SERVICES. At all times,City shall provide sewer services to the
Subject Property, subject to necessary stoppages due to construction,and all applicable laws
and City ordinances. City shall bill Property Owner for sewer usage according to the
metering,accounting, and billing system in place under Meridian City Code and the policies
and practices of the City of Meridian.
IL COMMITMENTS BY PROPERTY UWNER.
A. EASEMENT;RIGHT OF ENTRY. Property Owner authorizes the City, its consultants,agents,
employees and/or contractors,a temporary easement over and across the Property, and the
right to enter the Property and all buildings thereon,in order to complete all necessary work
to fulfill City's obligations under this Agreement. City shall have and hold the temporary
easement and right of entry until the Project is complete. Property Owner shall notify the
occupant(s) of the building located on Property of the terms of this Agreement and instruct
such occupant(s)to provide access to City,its consultants,and/or its contractors as necessary
to complete the work described by this Agreement.
R No GUARANTEE. Property Owner acknowledges that City may not elect to reroute the sewer
service from the existing main in the alley to the new main in the right-of-way along NE 2nd
St.The City may decline to reroute the plumbing from the building on Property,if such work
is not feasible,in City's sole discretion.
C. PAYMENT FOR CITY SERVICES. Upon connection to and whenever Property is connected to
the City's sewer system, regardless of the location of such connection,Property Owner shall
pay to City all applicable foes and costs for services provided,as such fees are calculated and
billed by City as set forth herein and established by law or City policy or ordinance. The
exclusive remedy for any disputes,objections,or appeals regarding such fees and costs shall
be with the Board of Adjustment,under the procedures set forth in Meridian City Code.
D. OPERATION AND MAINTENANCE. Upon connection to and at all times Property is connected
to the City's sewer system, regardless of the location of such connection,Property Owner shall
be solely responsible for any and all costs related to operation and maintenance of all portions
and functions of the plumbing between the sewer line and the Property served by the City
sewer system.
E. ACKNOWLEDGMENT OF SCOPE OF WORK. Property Owner acknowledges that construction
related to the rerouting of plumbing and installation of new plumbing may require the
temporary removal of landscaping,walkways,walls,flooring,and other structural aspects of
the building at Property. 'While City shall restore the interior and exterior of the Property to
the condition they were in prior to the Project,Property Owner shall be responsible for any
other repair,maintenance,or other work where the need for same is revealed by the removal
of walls and floors in order to complete the work contemplated by this Agreement. City shall
not be responsible for any repair to structural, electrical,mechanical, or other systems at
Property,even if such necessity is revealed by work undertaken pursuant to this Agreement or
any other aspect of the Project.
F. WAIVER. Property Owner acquits and forever discharges the City of Meridian, its
employees, and agents,from any and all claims,actions, causes of action,demands,rights,
damages, costs,expenses and additional compensation,including attorney fees,which
Property Owner now has or may later realize in relation to any expense of any type related this
Agreement or to Project,whether such expense is foreseen,unforeseen,known,or unknown.
Except as may be provided in any written warranty provided by the contractor completing the
work contemplated by this Agreement,Property Owner shall be solely responsible for any
structural,electrical,mechanical,or other malfunction or damage occurring after completion
of the work contemplated by this Agreement, and shall not make any claim or demand, or
bring any cause of action against City for same.
G. INDEMNIFICATION. Property Owner acknowledges that provision of services under this
Agreement may carry risks of property damage,property loss,personal injury, illness, and/or
death, some of which risks are unknown,and, with that knowledge,Property Owner hereby
assumes all such risks and hazards.Property Owner shall indemnify,save, and hold harmless
the City and any and all of its employees,agents,volunteers,and/or elected officials from any
and all kisses, claims,and judgment~ for damages or injury to persons or property, and from
any and all losses and expenses caused or incurred by Property (honer or Property Owner's
taunts, agents, employees. guests, and/or business invitees_
III. GEMItAI.PROVISIONS.
A. `PERM. This Agreement shall become el•lective on the Effective Date first written above, and
shall be effective through the earlier ofcompletion of the Project or September 30, 2024,
unless earlier extended or terminated by the ['allies.
B. RECORDATION. City shall record this Agreement against the Property, at City's cost.
C. TERMINATION. if City determines that Property Owner has failed to comply with any term
or condition of this Agreement. violated any ol'the covenants, agreements, andior stipulations
of this Agreement; engaged in fraud, dishonesty, or any other act of•misconduct in the
performance ol•this Agreement; or if either Party willfully or negligently defaultS in, or fails
to fulfill, its material obligations under this Agreement; the other Party shall have the right to
terminate the Agreement by giving written notice to the derattlting party of its intent to
terminate, and shall specify the grounds for lermina.tion. The defaulting, party shall have
seven (7) clays alley receipt of such notice to cure the default. lithe default is not CUI-Cd
within such period, this Agreement shall he terminated upon mailing cal written notice of such
termination by the terminating party.
1). TERMI`dA'rioN OR RESCISSION BY PROPERTY OWNER. If, prior to initiation of construction
as part of Project. Property Owner tenninates this Agreement, and/or rescinds Property
Owner's acceptance of'City's offer to assess and potentially reroute the service line, for any
reason, the City shall not be responsible for any costs related to the Project or the Project's
impact on Property, other than connecting the Property's existing plumbing to the
rehabilitated main when complete.
F_ ('ITY NOT Rk;SPONSI IiLb: I()R OIIiER COSTS. Property Owner acknowledges and agrees that
except as explicitly stated in this Agreement, the City will not be responsible fin• any costs
Property Owner ma}• incur as a result of or otherwise attributable to the Project, whether such
costs are related to known or unknown risks or factors. Specifically, without limitation, City
shall not be responsible IM-any lost business or other revenue(luring or attributable to the
Project, nor for any plumhing- or sewer-related costs following Project completion.
F. DAY-TO-DAY COMMUNiCATIONS. Communication between Property ON\nor and City
regarding day-to-day matters (e.g., issues related to consu•uction, property entry. scheduling,
etc.) shall occur via e-mail or telephone. City shall pro%ide Property Owner the name, e-mail
address, and telephone number of specific City.personnel ("City Contact") who shall serve as
the liaison between City and Property Owner for all clay-to-day matters. Property Owner
shall provide City the name, e-mail address, and telephone number of the specific person
("Property Owner Contact") who shall serve as the liaison between Property Owner and City
fir all clay-to-day matters.
G. ALL OTHER NoTicEs. All other notices required to be given by either of the parties hereto
11 be in vnifng and be deemed communicawd when sent via e-mail,personally served,or
mailed via United States rail,to the following personnel and address.
if to Cam. If to Pro e __nerr.
City Clerk,City of Meridian Kent Murri Jr.
33 E.Broadway Ave. 17072 °Wylie Pi
Meridian,Idaho 83642 pampa,ID 83687
cityclerk@meridiancity.org kmurri@tait.com
Either Party may change its address for the purpose of this section by delivering to the other
Party written notification of such change,establishing a new address for noticing purposes,in
accordance with the requirements ofthis section.
I, LmrmioN OF LiAwLyry.City is not liable far consequential,indirect,incidental,special,
exemplary,punitive,or enhanced damages arising out of or relating to any breach of this
Agreement,whether or not such damages are foreseeable or Property Owner was advised of
the possibility of such damages,regardless of the legal or equitable theory(contract,tort or
otherwise)upon which the claim is based,,and notwithstanding the failure of any agreed or
other remedy of its essential purpose.This limitation of City's liability shall not apply to(i)
liability resulting from City's gross negligence or willful misconduct and C)death or bodily
injury resulting from City's acts or omissions.
lf. FORCE E.1`Fo Party will be liable for failure to perform any duty under this
Agreement where such failure is due to or made impracticable by unforeseeable causes
beyond the Parties' control and without the fault or negligence of the Parties,including,but
not restricted to,acts of God or the public enemy,fire,flood,natural disaster,epidemic,
strike, or order of any court or authorized agency.
J. BiNDiNG UPON SUCCESSORS. Except as otherwise specifically provided herein,this
Agreement shall be binding upon any and all owners of the Property,any and all subsequent
owners thereof,and each and every other person acquiring an interest in the Property.
Nothing herein shall,or shall be construed to,in any way prevent the sale or alienation of the
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.
V. 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.
L. T -PARTY BENEt+'icLA rEs. This Agreement is not intended to create,nor shall it in any
way be interpreted or construed to create,any third-party beneficiary rights in any person or
entity not a party hereto.
NL No REAL PROPERTY INTEREST. It is expressly understood that this Easement does not in
any way whatsoever grant or convey any permanent easement. lease, fee or other interest in
the Properly to the City.
N. A.TTOIZNEY rN:r:S. Should any litigation be commenced between the. Parties concerning this
Agreement, the prevailing party shall he entitled, in addition to any other relief as may he
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 elliet, any dclault, termination. or forleiture of this Agreement.
U. EN'rnm, AGREEIbiENT. 'This Agreement sets forth all promises, induccnnents, agreements,
conditions, and understandings between City and Property owner relative to the subject
matter hereof; and there are no promises, agreements, conditions, or understandings,either
oral or\vritten, express or implied. between City and Property Owner, other than as are stated
herein. Except as otherwise specifically provided herein; no suh5c(lue111, alteration,
amendment,change,or addition to this Agreement shall be binding upon the Parties unless
set forth in writing and duly executed by hoth Parties or their successors in interest.
11. NON-WAIVER. failure of either Party to promptly enforce the strict performance of any term
of this Agreement shall not constitute a waiver or relinquishment ofany Party's right to
thereafter enforce such term, and any right or remedy hereunder may he asserted at any time
after either party becomes entitled to the bencfit lhcreof. notwithstanding delay in
enforcement. All rights and remedies herein enumerated shall be cumulative and none shall
exclude any other right or remedy allowed by I.nNr. L.ikewisc, the: exercise of any remedy
provided for herein or allowed by law shall not he to the exclusion of any other remedy.
Q. APPLICABLE LAW. The validity, interpretation, perlormance and enforcement of this
Agreement shall he governed by the laws ol'the State of Idaho; including, Without limitation,
Article VIM, Section a, of the Idaho Constitution. Venue shall be in the courts of Ada County,
Idaho,
R. CONIPL1ANCL WIT17 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 ol'Meridian.
'I he City's ordinances appertaining to the regulation, control,and use of it, sewer and water
systems, and any prospective amendments to and/or recodifications thereof, arc specifically
and without limitation incorporated into this Agreement as if'set forth fully herein.
S. ADVICE OF ATTORNEY. Faeli party warrants and represents that in executing; this Agreement,
it has received independent legal and financial advice fivm its attorney and/ear financial
advisor, or has had adequate oppor-lenity to seek such advice.
T. W UMAN7 Y Or AUT11ORITY. Path person executing and signatory to this Agreement
represents and warrants that the execution,delivery. and performance of this Agreenrcnt has
been duly authorized by all necessary action of each respective party; that such person is, at
the time of execution, duly authorized by the respective Parry's governing body to bind such
Party in all respects;and acknowledges and agrees that this Agreement is and shall be a valid
and binding obligation upon the Parties to this Agreement.
U. APPROVAL REQunuD: 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
Effective Date first written above.
PROPE WNER: STATE OF UTAH )
County of ) �'l
v - I HEREBY CERTIFY that on this�day of�� l
lgl] e' / 2024,before the undersigned,a Notary Public in the State
/VPs�.ow of Utah, ak "L C. � 6�e_,personallyappeared,
11ame(printed) proven to me to be the person who executed the said
instrument,and acknowledged to me that he executed the
same.
IN WITNESS WIFREOF,I have hereunto set my hand
D O U G L A S B L A N C H A R D and affixed my official seal,the day and year in this
���%-~ •'dT. NOTARY certificate first above written.
COMMISSION# 719402
COMM, EXP. 07-29-2025
Notary Public for Utah
Residing at — ;Utah
My Commission Expires: 7— 9
CITY OF MERIDIAN: Attest:
Robert E. Simison,Mayor 3/26/2024 Chris Johnson, City Clerk 3/26/2024
STATE OF IDAHO )
):ss
County of Ada )
On this 26thday of March ,2024,before me,a Notary Public,personally appeared Robert E.Simison
and Chris Johnson,know or identified to me to be the Mayor and Clerk,respectively,of the City of Meridian,
who executed the instrument or the person that executed the instrument of behalf of said City,and acknowledged
to me that such City 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.
-. .-........ -
Notary Public for Idaho
Residing at Meridian ,Idaho
My Commission Expires: 3-28-2028