Sewer Connection Circle S Meridian LLC 126 E. Idaho Avenue Temporary Construction Easement ADA COUNTY RECORDER Trent Tripple 2024-015446
BOISE IDAHO Pgs=8 CHE FOWLER 03/27/2024 08:05 AM
RECORDING REQUESTED BYAND CITY OF MERIDIAN, IDAHO NO FEE
WHEN RECORDED RETURN TO:
City Clerk
City of Meridian
33 E.Broadway Avenue
Meridian,ID 83642
TEMPORARY CONSTRUCTION EASEMENT AND
AGREEMENT FOR CONNECTION TO SEWER SERVICE:
126 E IDAHO AVE,MERIDIAN,ID
This TEMPORARY CONSTRUCTION EASEMENT AND AGREEMENT FOR
CONNECTION TO SEWER SERVICE("Agreement")is made this 26th day of
March 2024 ("Effective Date"),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 ("City"), and Circle S Meridian LLC, owner of the property at 126 E
Idaho Ave, Meridian, Idaho ("Property Owner") (collectively, "Parties").
WHEREAS, Property Owner is the owner of the property at 126 E, Idaho Avenue,
Meridian, Idaho, Ada County parcel no. R5672000745, more particularly described as follows:
W 20' OF LOT 7 BLK 5
("Property");
WHEREAS, the sewer line serving Property is currently located in the alley to the north
of the 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 E. Idaho Avenue, from Meridian Road to 6th Street("Project");
WHEREAS, to improve efficiency and long-term viability of sewer service to properties
along E. Idaho Avenue from Meridian Road to 6th Street, including the Property, the City intends
to reroute the plumbing serving Property to connect to the new sewer line along E. Idaho
Avenue, and to cause such work to be completed at the City's expense unless an unforeseen
condition prevents such work; and
WHEREAS,Property Owner has accepted this offer and wishes to authorize City to
include in the scope of work for the Project the rerouting of the plumbing serving the building at
Property and its connection to the new sewer line, as generally depicted in Exhibit A, subject to
field verification;
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency
of which is hereby acknowledged and agreed, and in consideration of the mutual promises and
covenants herein contained, and in consideration of the recitals above, which are incorporated
herein,the Parties agree as follows:
AGREEMENT FOR CONNECTION TO SEWER SERVICE PAGE I
RECORDING REQUESTED BYAND
WHEN RECORDED RETURN TO:
City Clerk
City of Meridian
33 E.Broadway Avenue
Meridian,ID 83642
TEMPORARY CONSTRUCTION EASEMENT AND
AGREEMENT FOR CONNECTION TO SEWER SERVICE:
126 E IDAHO AVE,MERIDIAN,ID
This TEMPORARY CONSTRUCTION EASEMENT AND AGREEMENT FOR
CONNECTION TO SEWER SERVICE("Agreement")is made this 26th day of
March , 2024 ("Effective Date"),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 ("City"), and Circle S Meridian LLC, owner of the property at 126 E
Idaho Ave, Meridian, Idaho ("Property Owner") (collectively, "Parties").
WHEREAS,Property Owner is the owner of the property at 126 E, Idaho Avenue,
Meridian, Idaho, Ada County parcel no. R5672000745, more particularly described as follows:
W 20' OF LOT 7 BLK 5
("Property");
WHEREAS, the sewer line serving Property is currently located in the alley to the north
of the 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 E. Idaho Avenue, from Meridian Road to 6th Street("Project");
WHEREAS,to improve efficiency and long-term viability of sewer service to properties
along E. Idaho Avenue from Meridian Road to 6th Street, including the Property, the City intends
to reroute the plumbing serving Property to connect to the new sewer line along E. Idaho
Avenue, and to cause such work to be completed at the City's expense unless an unforeseen
condition prevents such work; and
WHEREAS,Property Owner has accepted this offer and wishes to authorize City to
include in the scope of work for the Project the rerouting of the plumbing serving the building at
Property and its connection to the new sewer line, as generally depicted in Exhibit A, subject to
field verification;
NOW, THEREFORE, for good and valuable consideration,the receipt and sufficiency
of which is hereby acknowledged and agreed, and in consideration of the mutual promises and
covenants herein contained, and in consideration of the recitals above, which are incorporated
herein,the Parties agree as follows:
AGREEMENT FOR CONNECTION TO SEWER SERVICE PAGE 1
I.COMMITMENTS BY CITY.
A. REPLUMBING SEWER SERVICES. The City intends to bore under the building and replumb
the building at the Property and connect it to the new sewer main to be placed in the right of
way along E.Idaho Avenue. The sewer service will be six inches (6") in diameter and will be
HDPE or PVC. The City will:
1. Complete such work at the City's sole expense. This work shall include restoration of the
exterior and(if needed)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 E. Idaho Avenue. 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.
B. UNFORESEEN CONDITIONS. If there is an unforeseen condition that prohibits the replumbing
of the existing service,the City will leave the existing plumbing connected to the sewer main
in the alley to the north of the property. The sewer main in the alley shall remain in service
until it reaches the end of its useful life or it is no longer cost effective for the City to
maintain. The City shall have no obligation to maintain the sewer main beyond its useful life.
If,in the City's sole discretion, it is deemed that the sewer main in the alley is approaching
the end of its useful life or it is no longer cost effective for the City to maintain it,the
property owner will be required to connect to the sewer main in the right-of-way along E.
Idaho Avenue, at the property owner's sole expense,regardless of the duration of the life of
the sewer main in the alley.
C. PROVISION OF SEWER SERVICES. At all times, City shall make sewer services available 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.
D. WARRANTY. City shall obtain a two (2)year warranty for the contractor's work. If,within
the two (2)years following completion of the work,the Property Owner encounters defective
workmanship with the work completed pursuant to this Agreement, Property Owner shall
inform City, and City shall enforce the contractor's warranty. Neither City nor City's
Contractor shall provide a warranty directly to Property Owner. This provision shall survive
the expiration of this Agreement.
AGREEMENT FOR CONNECTION TO SEWER SERVICE PAGE 2
II. COMMITMENTS BY PROPERTY OWNER.
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. City's Project Manager shall
provide to Property Owner a copy of the anticipated construction schedule. 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.
B. 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 E. Idaho
Street. The City may decline to reroute the plumbing from the building on Property,if
unforeseen conditions make such work not feasible, in City's sole discretion.
C. PAYMENT FOR CITY SERVICES. Property Owner shall pay to City all applicable fees for
water and sewer services provided, as such fees are calculated and billed by City 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. EXISTING ISSUES PROPERTY OWNER'S RESPONSIBILITY. Property Owner shall be solely
responsible for any repair, maintenance, or other work where the need for same is discovered
by the work contemplated by this Agreement.
F. RISK; HOLD HARMLESS;WARRANTY. Property Owner acknowledges that work
contemplated by 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, except as otherwise stated herein.
Except as it relates to tortious conduct attributable to City, Property Owner shall save and
hold harmless the City and any and all of its employees, agents, volunteers, and/or elected
officials from any and all losses, claims, and judgments for damages or injury to persons or
property, and from any and all losses and expenses caused or incurred by Property Owner or
Property Owner's tenants, agents, employees, guests, and/or business invitees. 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
AGREEMENT FOR CONNECTION TO SEWER SERVICE PAGE 3
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.
111.GENERAL PROVISIONS.
A. TERM. This Agreement shall become effective on the Effective Date first written above, and
shall be effective through the earlier of completion of the Project or September 30, 2024,
unless earlier extended or terminated by the Parties.
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 of the covenants, agreements, and/or stipulations
of this Agreement; engaged in fraud, dishonesty, or any other act of misconduct in the
performance of 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 defaulting party of its intent to
terminate, and shall specify the grounds for termination. The defaulting party shall have
seven(7) days after receipt of such notice to cure the default. If the default is not cured
within such period,this Agreement shall be terminated upon mailing of written notice of such
termination by the terminating party.
D. TERMINATION OR RESCISSION BY PROPERTY OWNER. If, prior to initiation of construction
as part of Project, Property Owner terminates 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.
E. CITY NOT RESPONSIBLE FOR OTHER COSTS. Property Owner acknowledges and agrees that
except as explicitly stated in this Agreement,the City will not be responsible for any costs
Property Owner may 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 for any lost business or other revenue during or attributable to the
Project,nor for any plumbing-or sewer-related costs following Project completion.
F. DAY-TO-DAY COMMUNICATIONS. Communication between Property Owner and City
regarding day-to-day matters (e.g., issues related to construction, property entry, scheduling,
etc.) shall occur via e-mail or telephone. City shall provide 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 day-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
for all day-to-day matters.
AGREEMENT FOR CONNECTION TO SEWER SERVICE PAGE 4
G. ALL OTHER NOTICES. All other notices required to be given by either of the parties hereto
shall be in writing and be deemed communicated when sent via e-mail, personally served, or
mailed via United States mail,to the following personnel and address:
If to Ci If to Property Owner:
City Clerk, City of Meridian CIRCLE S MERIDIAN LLC
33 E. Broadway Ave. 6835 N TOPAZ JEWEL PL
Meridian, Idaho 83642 MERIDIAN, ID 83642-000
cityclerk@meridiancity.org
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 of this section.
H. FORCE MAJEURE.No 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.
I. 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.
J. 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.
K. THIRD-PARTY BENEFICIARIES. 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.
L. 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 Property to the City.
M. ATTORNEY FEES. Should any litigation be commenced between the Parties concerning this
Agreement,the prevailing parry 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.
N. ENTIRE AGREEMENT. This Agreement sets forth all promises, inducements, agreements,
AGREEMENT FOR CONNECTION TO SEWER SERVICE PAGE 5
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 written, express or implied, between City and Property Owner, other than as are stated
herein. Except as otherwise specifically provided herein,no subsequent alteration,
amendment, change, or addition to this Agreement shall be binding upon the Parties unless
set forth in writing and duly executed by both Parties or their successors in interest.
O. 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 of any Party's right to
thereafter enforce such term, and any right or remedy hereunder may be asserted at any time
after either parry becomes entitled to the benefit thereof, notwithstanding delay in
enforcement. All rights and remedies herein enumerated shall be cumulative and none shall
exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy
provided for herein or allowed by law shall not be to the exclusion of any other remedy.
P. APPLICABLE LAW. The validity, interpretation,performance and enforcement of this
Agreement shall be governed by the laws of the State of Idaho, including,without limitation,
Article VIII, Section 3, of the Idaho Constitution.Venue shall be in the courts of Ada County,
Idaho.
Q. 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.
The City's ordinances appertaining to the regulation, control, and use of its sewer and water
systems, and any prospective amendments to and/or recodifications thereof, are specifically
and without limitation incorporated into this Agreement as if set forth fully herein.
R. 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.
S. WARRANTY OF AUTHORITY. Each person executing and signatory to this Agreement
represents and warrants that the execution, delivery, and performance of this Agreement 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 Party'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.
T. 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
Effective Date first written above.
AGREEMENT FOR CONNECTION TO SEWER SERVICE PAGE 6
PROPERTY OWNER STATE OF IDAHO )
CIRCLE S MERIDIAN LLC: ) ss:
County of_� ) �
I HEREBY CERTIFY that on this X day of
2024,before the undersigned,a Notary Public in the State
of Idaho,MARTY SCHINDLER personally appeared,
Marty Schindler proven to me to be the person who executed the said
Manager instrument,and acknowledged to me that he executed the
same.
IN WITNESS WHEREOF,I have hereunto set my hand
°•®� ®a '®® and affixed my official seal,the day and year in this
° �. ° •+. certificate firs above written.
• U' q N taEXN
ry Public for daho
®N, Residing at_ V O I G ,Idaho
N
0-amme 2� 2U2g
My Commission Expires: _
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 26th day 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 axed 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
AGREEMENT FOR CONNECTION TO SEWER SERVICE PAGE 7
Exhibit A
ALLEY ALL CONSTRUCTION SHALL BE
DONE IN ACCORDANCE WITH THE
PROJECT SPECIFICATIONS AND
THE 2017 IDAHO STATE
PLUMBING CODE AS ADOPTED
BY THE CITY OF MERIDIAN.
ABANDON EXISTING ALL SURFACE RESTORATION,
SEWER LINE LANDSCAPE RESTORATION,
SPRINKLER REPAIR, FENCE
REPAIR AND OTHER NECESSARY
SITE RESTORATION OUTSIDE OF
i THE PUBLIC RIGHT—OF—WAY
SHALL BE INCIDENTAL TO SEWER
CONNECT TO EXISTING SERVICE LINE BID ITEM.
SEWER SERVICE AND THIS BUILDING DOES NOT HAVE
INSTALL A CLEANOUT A BASEMENT OR A CRAWL
Proposed Bore
SPACE.
Pit Location
SEWER
C„ IBORE
SERVICE UNDER
U) cn BUILDING
N INTERIOR WALL
124 126
U)
(A U)
r r> l
[ll !II
6" SEWER SERVICE
Ln
(N
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SCALE: 1"=20
CITY OF MERIDIAN a� SHEET
SEWER AND WA1ER MAIN E IDIANI 7
REPLACEMENT - E. IDAHO AVENUE 0 D n m O
126 E. IDAHO AVENUE P��� „i23