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Agreement with Larry Beddes for Demo of Buildings CDBG Econ Dev.AGREEMENT between City of Meridian and Larry Beddes for Demolition of Buildings at 1535 N. Main St., Meridian, Idaho This Agreement is made this day of June, 2008, by and between the City of Meridian, Idaho, a municipal corporation organized under the laws of the State of Idaho ("CITY"), and Larry Beddes, an individual property owner ("LARRY BEDDES"). WHEREAS, CITY is an Entitlement City for the U.S. Department of Housing and Urban Development ("HLTD") has allocated funds under its Community Development Block Grant ("CDBG") program; WHEREAS, HUD has approved CITY's Program Year 2007 Action Plan which, inter alia, plans for the CITY's investment of CDBG funds in clearing one lot and/or demolishing at least one substandard structure pursuant to 24 CFR § 570.201(d); WHEREAS, LARRY BEDDES owns parcel no. R6129020670, the street address of which is 1535 N. Main St., Meridian, Idaho ("SUBJECT PROPERTY"), and LARRY BEDDES also owns all buildings, structures, and concrete pads upon such parcel; WHEREAS, each and all of the buildings upon the SUBJECT PROPERTY have been found to be unsafe, insanitary, and/or hazardous to the public by, respectively, the Central District Health Department, City of Meridian Development Services, City of Meridian Fire Department, and City of Meridian Police Department; and WHEREAS, the buildings upon the SUBJECT PROPERTY, each and collectively, contribute to the area's deterioration due to their dilapidation, deterioration, age, obsolescence, conditions which endanger life or property by fire and other causes, and the combination and effect of such factors, all of which is conducive to juvenile delinquency and crime and detrimental to the public health, safety, morals or welfare; and WHEREAS, the demolition of the buildings at the SUBJECT PROPERTY will be mutually beneficial to CITY, to LARRY BEDDES, and to the Meridian community; NOW THEREFORE, in consideration of the recitals and mutual covenants, agreements, acknowledgments and inducements contained herein, the parties hereby agree as follows: I. PARTIES' RESPECTIVE DUTIES. A. Duties of CITY. 1. Demolition. CITY shall cause the dernolition, clearance, removal, and disposal of each and every building, structure, and concrete pad located on the parcel at the SUBJECT PROPERTY, which work shall include the removal of any and all foundations, driveways, walkways, piping, debris, and/or portions thereof. AGREEMENT FOR DEMOLITION OF BUILDINGS PAGE 1 OF 9 1535 N. Mnrtv ST., MERIDIAN, IDAHO 2. Compliance with laws. CITY shall ensure that the party undertaking such the dernolition, clearance, removal, and disposal shall at all times do so in compliance with any and all applicable local, state, and/or federal laws and/or permitting procedures, including state and federal environmental and historic preservation regulations, bidding and procurement laws and regulations, HUD regulations, building and fire code provisions, public health ordinances and directives, and/or regulations for decontamination and disposal of demolition debris. 3. Utility disconnection. CITY shall ensure that utilities are disconnected from each and every structure prior to their demolition. 4. Costs of demolition. CITY shall be wholly responsible for costs related to the demolition, clearance, removal, and disposal of the buildings, structures, and concrete pads located at or on the SUBJECT PROPERTY. 5. Confidentiality. Subject to the timeline agreed to herein, CITY shall utilize best efforts to keep confidential any and all information regarding the demolition, clearance, removal, and/or disposal of the buildings, structures, and concrete pads located at or on the SUBJECT PROPERTY. 6. Notification of neighbors. Subject to the timeline agreed to herein, CITY shall notify neighboring property owners of the date(s) and time(s) at which the demolition shall occur. B. Duties of LARRY BEDDES. ;oL~ 1. Grant right of access and entry. LARRY BEDDES shall, and hereby INITIAL does, grant to CITY and its contractors, subcontractors, and/or agents the right of access and entry onto tke premises of the SUBJECT PROPERTY for the purpose of demolition, clearance, removal, and disposal of each and every building, structure, and concrete pad located at or on the SiTBJECT PROPERTY. ~~- 2. Grant permission to demolish, clear, remove, and dispose. LARRY INITIAL BEDDES shall, and hereby does, grant to CITY and its contractors, subcontractors, and/or agents permission to demolish, clear, remove, and dispose of each and every building, structure, and concrete pad and all portions and/or materials thereof located at or on the SUBJECT PROPERTY. 3. Removal of personal property. LARRY BEDDES shall remove all '~'T'^`~ personal property and effects frorn the SUBJECT PROPERTY by 5:00 p.m. on August 1, 2008. AGREEMENT FOR DEMOLITION OF BUILDINGS PAGE 2 OF 9 1535 N. MnIN ST., MERIDIAN, IDAHO II. ACKNOWLEDGEMENTS AND CERTIFICATIONS. A. CITY makes the following acknowledgement: 1. Publicity as required by law. CITY acknowledges and agrees that CITY shall utilize best efforts to avoid publicizing such information regarding the demolition, clearance, removal, and/or disposal of the buildings, structures, and concrete pads located at or on the SUBJECT PROPERTY, until such time as is agreed to herein. B. LARRY BEDDES makes the following acknowledgements and certifications: ~ 1. Certification of ownership. LARRY BEDDES hereby certifies that he is INITIAL the title owner of the SUBJECT PROPERTY, i.e., parcel no. R6129020670, the street address of which is 1535 N. Main St., Meridian, Idaho. Proof of ownership of the property is set forth in Exhibit A hereto. ~~~ 2, Certification of notice to debt-holders. LARRY BEDDES hereby INITIAL acknowledges and agrees that he shall be solely responsible for notifying and/or obtaining any necessary consent from any and all rnortgagors, debt-holders, and/or lien-holders with an interest(s) in the buildings and/or structures on the SUBJECT PROPERTY that are to be demolished, cleared, removed, and/or disposed of under this Agreement. ~~~ 3. No compensation due. LARRY BEDDES acknowledges and agrees that MITIAL and shall neither request nor expect, any he is not entitled to , compensation whatsoever, whether monetary or in-kind, in exchange for his permission to CITY to engage in the demolition activities described and agreed to herein. LARRY BEDDES further acknowledges and agrees that no portion of this Agreement, nor any other representation, written or oral, made by CITY or by any CITY official, servant, agent, employee, guest, and/or business invitee, shall entitle or is intended to entitle LARRY BEDDES to any such compensation. 4. No obligation created. LARRY BEDDBS acknowledges and agrees that ~"'T,^~ this Agreement is not, and does not create, an obligation upon CITY to perform the demolition, clearance, removal, and/or disposal of any building, structure, and concrete pad located on the parcel at the SLTBJECT PROPERTY. ~ 5. No further obligation. LARRY BEDDES acknowledges and agrees that 'T''`~ upon CITY's completion, or causing the completion, of the demolition, clearance, removal, and/or disposal activities described and agreed to herein, the parties shall have no further obligation to each other whatsoever. AGREEMEN7' FOR DEMOLITION OF BUILDINGS PAGE 3 OF 9 1535 N. MnrN ST., MERIDIAN, IDAHo ~i'~- 6. Forfeiture of personal property. LARRY BEDDBS acknowledges that ~"T`^L any personal property, effects, fixtures, salvage, materials, debris, or the like from the SUBJECT PROPERTY which are not removed by 5:00 p.m. on August 1, 2008 shall be forfeited and may be destroyed, demolished, cleared, removed, recycled, and/or disposed of at CITY's discretion, subject only to any applicable terms of this Agreement. LARRY BEDDES shall, and hereby does, disclaim any interest in any personal property, personal effects, fixtures, salvage, materials, debris, or the like, known or unknown to LARRY BEDDES, which is or may be on the premises of the SUBJECT PROPERTY after 5:00 p.m. on August l, 2008. 7. No subsurface removal. LARRY BEDDES acknowledges that MITIAL demolition, clearance, removal, and/or disposal activity undertaken pursuant to this Agreement shall be limited to above-ground structures, with the exception of any foundations and/or concrete slabs. LARRY BEDDES further acknowledges that rernoval of subsurface structures and/or materials, manmade or organic, shall not be conducted unless necessary to address an imminent threat to public health and safety. ~~ 8. CITY determines manner of activity. LARRY BEDDES acknowledges INITIAL that demolition activity undertaken pursuant to this Agreement may be undertaken in any manner directed and/or determined by CITY to be in the best interest of the health, safety, and welfare of the cornrnunity. III. INDEMNIFICATION. Indemnification of debt-holders by LARRY BEDDES. LARRY BEDDES IN[TIAL ~ hereby agrees to indemnify and save and hold harmless CITY, and CITY's officials, servants, agents, employees, guests, and business invitees, from and for any and all losses, clairns, actions, judgments for damages, and/or losses and expenses caused or incurred by any mortgagors, debtholders, and/or lienholders, known or unknown, whether arising directly or indirectly out of the above- described demolition, clearance, removal, and/or disposal activities. ~~g, Hazardous substances, materials, or conditions. LARRY BEDDES hereby INITIAL agrees to indemnify and save and hold harrnless CITY, and CITY's officials, servants, agents, employees, guests, and business invitees, frorn and for any and all losses, claims, actions, judgments for darnages, and/or losses and expenses caused or incurred as the result of, or related to, any hazardous, harmful, and/or polluting substance, material, or condition on the SUBJECT PROPERTY, whether such substance or condition is currently known or unknown to MR. BEDDES, and/or which is or may be revealed by and/or discovered following CITY's demolition, clearance, removal, and/or disposal of the buildings, structures, and/or concrete pad(s) located on the parcel at the SUBJECT PROPERTY. This indemnification shall specifically include, but shall not be limited to: any pending, threatened, or future federal, state, or local "Superfund" AGREEMENT FOR DEMOLITION OF BUILDINGS Pnce 4 oF 9 1535 N. MAIN ST., MERIDIAN, IDAHO ar Cornprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA) proceeding, claim, liability, or action; any proceeding, claim, liability, or action related to any known or unknown underground storage tank, container, or reserve; and/or any proceeding, claim, liability, or action related to any known or unknown hazardous substance, material, or condition. IV. TIMELINE. A. Time of the essence. The Parties agree that time is of the essence in the completion of their respective duties under this Agreement. B. Timeline. The following timeline shall govern the chronology of the Parties' actions taken pursuant to this Agreement: 1. Between June 2, 2008 and August 1, 2008: CITY shall complete or cause the completion of an environmental assessment of the SUBJECT PROPERTY and/or of the buildings, structures, and concrete pads thereon. 2. Between June 2, 2008 and August 1, 2008: CITY shall complete or cause the completion of an historical properties assessment of the SUBJECT PROPERTY and/or of the buildings, structures, and concrete pads thereon. 3. Between June 2, 2008 and August 31, 2008: CITY shall engage a eontractor(s) and/or subcontractor(s) to cornplete, demolition, clearance, removal, and disposal of buildings, structures, and concrete pads at or on the SUBJECT PROPERTY. 4. By 5:00 p.m. on August 1, 2008: LARRY BEDDES shall remove all personal property and effects from the SUBJECT PROPERTY and from the buildings, structures, and concrete pads thereon. 5. No sooner than 8:00 a.m. on August 26, 2008: CITY shall notify neighboring property owners adjacent to the SUBJECT PROPERTY of such details of the planned demolition activities as CITY deems necessary to protect the health, safety, and welfare of, and limit inconvenience to, such neighbors immediately prior to, during, and irnmediately after the demolition activities. 6. No sooner than 8:00 a.m. on September 2, 2008: CITY shall make ~ public such information regarding the demolition, clearance, removal, and/or disposal of the buildings, structures, and concrete pads located at or on the SUBJECT PROPERTY as such publication is required by the terms of CITY's CDBG programming as established by HUD, HUD rules and regulations, and/or other applicable laws and/or policies. AGREEMENT FOR DEMOLITION OF BUILDMGS PAGE S OF 9 1535 N. MAIN ST., MERIDIAN, IDAHO 7. No sooner than 8:00 a.m. on September 2, 2008: CITY shall, make public such information regarding the demolition, clearance, removal, and/or disposal of the buildings, structures, and concrete pads located at or on the SUBJECT PROPERTY as such publication is required by federal, state, and local open meetings, public records, procurement, and/or other laws, rules, and policies. 8. No sooner than 8:00 a.m. on September 2, 2008: CITY shall record this Agreement with the Ada County Recorder's Office with the intent that the obligations represented in this Agreement shall attach to the SUBJECT PROPERTY rather than to the personal interest of LARRY BEDDES. 9. No sooner than 8:00 a.m. on September 2, 2008: CITY shall undertake or cause the demolition, clearance, removal, and/or disposal of each and every building, structure, and concrete pad located on the parcel at the SUBJECT PROPERTY, which work shall include the removal of any and all foundations, driveways, walkways, piping, debris, and/or portions thereof. 10. As of 8:00 a.m. on September 2, 2008: CITY's obligation to make public only that information regarding the demolition, clearance, removal, and/or disposal of each and every building, structure, and concrete pad located on the parcel at the SUBJECT PROPERTY as is required by law to be made public shall no longer apply. C. Compliance with timeline. CITY expressly agrees that other than those activities set forth in section III(B), above, no demolition, clearance, removal, or disposal activities will occur at the SUBJECT PROPERTY until 8:00 a.m. on September 2, 2008. V. STATUS OF PARTIES. A. No tax-related obligations. CITY shail not be responsible for the payment of any taxes, whether state, federal, or local, whether related to the income or holdings of LARRY BEDDES or as to the SUBJECT PROPERTY. LARRY BEDDES shall have no claim against CITY for tax-related benefits, payments, withholdings, payments, debts, or obligations of any kind. B. No employee relationship. In all matters pertaining to this agreement, neither LARRY BEDDES, nor his employees or agents shall be deemed an ernployee of CITY. Except as expressly provided herein, LARRY BEDDBS shall have no authority or responsibility to exercise any rights or power vested in CITY. C. Selection of personnel. The selection and designation of CITY personnel, employees, or contractors in the course of the performance of thi.s agreement shall be made by CITY. AGREEMENT FOR DEMOLITION OF BUILDINGS PACe 6 oF 9 1535 N. MnRV ST., MERID(AN, IDAHo D. No partnership or agency. Nothing herein shall create a partnership or an agency relationship between the parties. Neither party is authorized to act on behalf of the other unless the other has agreed in advance in writing according to the provisions set forth herein. VI. TERM OF CONTRACT. This Agreement shall be valid beginning on the date it is signed by both parties and terminating at such time all demolition, clearance, removal, and disposal of buildings, structures, and concrete pads at or on the SUBJBCT PROPERTY is completed, unless terminated earlier in accordance with the terms set forth in this Agreement. VII. TERMINATION OF AGREEMENT. This Agreement rnay be terminated and cancelled with or without cause, without penalty, at any time prior to the initiation of any demolition, clearance, removal, and disposal activity at SUBJECT PROPERTY, by either party. Such termination or cancellation shall be effective only upon the actual delivery of written intent to terminate in the matter set forth herein. Upon termination of this Agreement as hereinabove provided neither party shall have any future obligation hereunder except for obligations accruing prior to the date of termination, and obligations, promises, or covenants contained herein which are expressly made to extend beyond the term of this Agreement. VIII. NOTICE. Any notice or writing required or permitted to be given by this Agreement shall be given post paid, first class, registered or certified mail, or by courier, properly addressed to the other Party at the respective address as show below: If to LARRY BEDDES: Larry Beddes 1876 Tuesday Lane Boise, Idaho 83705 If to CITY: City of Meridian Attn: Emily Kane, Deputy City Attorney 33 E. Idaho Street Meridian, Idaho 8364'2 AGREEMENT FOR DEMOLITION OF BUILDINGS PnGE 7 OF 9 1535 N. MAIN ST., MERIDIAN, IDAHO IX. ASSIGNMENT. Neither this Agreement nor any portion hereof shall be assigned or transFerred without the express written consent of either party to the other. X. VALIDITY. If one or more of the provisions contained in this Agreement is held invalid, illegal or unenforceable in any respect by any court of competent jurisdiction, such holding will not impair the validity, legality, or enforceability of the remaining provisions. XI. ENTIRE AGREEMENT. This Agreement constitutes the entire understanding of the parties. This Agreement supersedes and terminates all prior representation, warranties, and agreements, written or oral, regarding the subject matter of this Agreement. Any modification to this Agreement must be in writing signed by both parties. XII. 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 tirne after the governing body of either party becomes entitled to the benefit thereof, notwithstanding delay in enforcement. XIII. APPROVAL REQUIRED. This Agreement shall not become effective or binding until approved and signed by LARRY BEDDES and approved by the City Council of CITY and signed by the Mayor of CITY. The parties hereto acknowledge that upon submission to the governing body of CITY for consideration and approval, this Agreement shall become a public record subject to disclosure under the public records laws of the state of Idaho. AGREEMENT FOR DEMOLITION OF BUILDINGS PAGE 8 OF 9 1535 N. MAIN ST., MERIDIAN, IDAHO IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed and to be effeetive as of the day and year first above written. LARRY BEDDES Larr e es Date: ~ ~~~~ STATE OF IDAHO ) )ss. COUNTY OF ADA ) On this ~ day of , 2008, before me, the nndersigned, a Notary Public in and for the tate of Idaho, personally appeared Larry Beddes, known or identified to me to be the person whose name is subscribed to the foregoing instrament. ,~,.•~~`°~~ '~,S WHEREOF, I have hereunto set my hand and affixed my official ;~~ o~~d, e~'~ this certificate first above written. ~^ ~ ~~~~` ~ ~o~ m~° n m ~ ~ ` ~ ~ ~ ; Residing at: , •~~e ~BL` e0°~~ - Commission expires: ~-a 3- I c7 ~q ~~0aou.taea°~ ~ ~~~~ ''~~~,,,~ n~ ~a_...~°. , By: Tammy de W r, ayor Date: - - Q ~ ATTEST: Jaycee AGREEMENT FOR DEMOLITION OF BUILDINGS 1535 N. M.vN ST., MERIDFnN, IDAHO ````~~~~-~~iu.--~r~~~~~~~ ~~ ~ ~ ~~~i ,.~~~'a~~` ~'-~'~--. ~~' ~~rF " , ~ o = City C~erk AL T _ ~ ~ ~ ,~ p •~%~r ~T ~gt ~ ,,~Q~ ~Q,~'~" ,~~ ~~~~~''''r,,~ 1- `, `~ ~~``~~• PACe 9 oF 9