BVABC Eagle View Retail East Building LLC Easement Agreement Rackham Subdivision ADA COUNTY RECORDER Trent Tripple 2024-021003
BOISE IDAHO Pgs=4 VICTORIA BAILEY 04/22/2024 04:42 PM
CITY OF MERIDIAN, IDAHO NO FEE
When recorded,please return to.
City of Meridian
33 E.Broadway Ave.
Meridian,Idaho 83642
AGREEMENT CONCERNING EXISTING WATER MAIN EASEMENT
This AGREEMENT CONCERNING EXISTING WATER MAIN EASEMENT C Agreement")
is entered into by and between BVABC Eagle View Retail East Building LLC,whose mailing
address is 1144 S. Silverstone Way, Suite 500,Meridian,Idaho 83642("Property Owner"),and
the City of Meridian,an Idaho municipal corporation,whose mailing address is 33 E. Broadway
Ave.,Meridian, Idaho 83642 C"City"). The Property Owner and City may be referred to
individually as a"Party"or collectively as the"Parties."
1.. RECITALS
1.1. The Property Owner owns Lot 10, Block 1 of Rackham Subdivision,according to the
official plat thereof,filed in Book 120 of Plats at pages 18582-18588,records of Ada
County,Idaho C"Property").
1.2. The Property is encumbered by that certain Water Main Easement recorded as
Instrument No. 2022-055691 C"Easement").
1.3. The City, as the grantee of said Easement,owns,operates, and maintains water pipelines
and related facilities within the area delineated in the Easement C"Easement Area").
1.4. Under the terms of the Easement,no permanent structures shall be placed within the
Easement Area.
1.5. The Property Owner wishes to erect a Movable Fence,as defined below,within the
Easement Area to create an outdoor dining area.
1.6. The City is willing to allow the Property Owner to erect a Movable Fence in the
Easement Area to promote local business,subject to the terms and conditions of the
Easement and this Agreement.
2. BINDING AGREEMENT. In consideration of the mutual promises and undertakings set
forth herein,and for other good and valuable consideration,receipt of which is hereby
acknowledged, the Parties shall be legally bound by this Agreement.
3. INCORPORATION OF RECITIALS.The Recitals set forth in Section 1 are contractual
and binding on the Parties.
4. MOVABLE FENCE.For the purpose of this Agreement,"Movable Fence"means a fence
supported by base plates that can be easily removed and reinstalled as needed. The City shall
not treat the Movable Fence as a prohibited structure under the terms of the Easement.At the
Agreement Concerning Existing Water Main Easement,Page 1
City's request,which may be made in person, telephonically, by email,or in writing,the
Property Owner shall remove the Movable Fence within 48 hours to facilitate City-related
work within the Easement Area.The Property Owner shall be solely responsible for
removing and reinstalling the Movable Fence at the Property Owner's expense.If the
Property Owner fails to timely remove the Movable Fence,the City shall be authorized to
remove the Movable Fence,and the Property Owner shall promptly reimburse the City for
any expenses incurred by the City.
In the event of a utility emergency,the City shall be authorized to remove the Movable Fence
without prior notice to the Property Owner, and the Property Owner shall promptly reimburse
the City for any expenses incurred by the City.
5. NOTICES.All notices under this Agreement,with the exception of City requests described
in Section 4,shall be given by depositing a copy of such notice in the United States mail,
certified, postage prepaid to the other Party at the address listed above.
b. APPROVAL OF MOVABLE FENCE AND OUTDOOR DINING AREA.This
Agreement shall not be construed as approval of the Movable Fence or the outdoor dining
area by the City of Meridian Community Development Department,The Property Owner
shall comply with all requirements set forth in the Unified Development Code of the City of
Meridian applicable to the Movable Fence and outdoor dining area.
7. RECORDATION.The City is authorized,but not required, to record this Agreement.
8. TERMINATION.This Agreement may be terminated by either Party without cause upon
thirty(30)days prior notice.This Agreement shall automatically terminate if the Easement is
extinguished.
9. CHOICE OF LAW AND VENUE.This Agreement shall be governed and construed in
accordance with Idaho law. Any action shall be brought in Ada County, Idaho.
10.ATTORNEY FEES. Should any litigation be commenced between the Parties concerning
this Agreement,the prevailing party shall be entitled to court costs and reasonable attorney
fees as determined by a court of competent jurisdiction.
11. FINAL AGREEMENT.This Agreement shall not and does not modify the Easement in any
way.This Agreement sets forth all promises and agreements between the Parties.
Amendments to this Agreement,if any, shall only be effective if approved by the Parties in
writing.
12. HEADINGS. The bolded paragraph headings are for convenience only and shall not be used
in interpreting or construing this Agreement.
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Agreement Concerning Existing Water Main Easement,Page 2
BVABC Eagle View Retail East Building LLC
STATE OF IDAHO }
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County of Ada )
This record was acknowledged before me on this 1 LO day of h 024, by
(name of individual)on behalf � r ntity on
behalfof whom record was executed), in the foll'owing�esentative capacity:
K °R.. (type of authority such as corporate officer or managing member).
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Agreement Concerning Existing Water Main Easement,Page 3
City of Meridian
By,: Laurelei McVey,Public Works Dirq6tor
STATE OF IDAHO )
ss.
County of Ada )
This record was acknowledged before me on this a a- day of &ri 2024, by
Laurelei McVey on behalf of the City of Meridian in her capacity as Public Works Director.
(stamp)
No igna
•.6 0•.•• My Commission Expires:
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Agreement Concerning Existing Water Main Easement,Page 4