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.
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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.
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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.
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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
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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.
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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.
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By:
Tammy de W r, ayor
Date: - - Q ~
ATTEST:
Jaycee
AGREEMENT FOR DEMOLITION OF BUILDINGS
1535 N. M.vN ST., MERIDFnN, IDAHO
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