ACHD Interagency Cost Sharing Agreement for Ten Mile Rd, Overland InterchangeADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 '27
BOISE IDAHO 08119/10 10:46 AM
DEPUTY Vicki Allen
RECORDED-REQUEST OF III IIIIIIIIIIIIIIII'I'I'I IIIIIIIII I
Meridian City 110~+7~?94
ADA COUNTY HIGHWAY DISTRICT
INTERAGENCY COST SHARING AGREEMENT
PROJECT NAME: Ten Mile Road, New Overland/Interchange
THIS AGREEMENT ("Agreement") is made and entered into this 4th day of August,
2010, by and between the Ada County Highway District, a body politic and corporate of the
State of Idaho, 3775 Adams Street, Garden City, Idaho 83714 ("ACHD") and City of Meridian,
an Idaho municipal corporation ("City").
RECITALS
A. ACHD is a single county-wide highway district, a public entity, organized and
existing pursuant to Idaho Code Title 40, Chapter 14, as amended and supplemented, with the
exclusive jurisdiction, and authority to maintain, improve and operate public rights-of--way in
Ada County.
B. City is a public entity organized and operating pursuant to Idaho Code Title 50, as
amended and supplemented. City is a municipal corporation with the jurisdiction, authority and
police power to regulate and control municipal activities within the City, including, without
limitation, the authority to expend funds for certain aesthetic features in or on public rights-of-
way within the City.
C. ACHD plans to construct roadway improvements for the Project defined and
described in this Agreement. As part of the Project, ACHD will purchase additional right of way
to provide a buffer space between the sidewalk and the curb at the request of the City.
D. City desires to incorporate and fund certain non-transportation components into
the Project, as generally depicted on Exhibit A.
E. Section 3109.6 of ACHD's Policy No. 3109, Interagency Cost Share Policies and
Procedures (the "Cost Share Policy") set forth on Exhibit B and incorporated herein, states that
ACHD will provide interested partnering agencies, including City, the opportunity to identify
desired aesthetic features and adopt an interagency cost share agreement. ACHD has concluded
its scope of work for the Project and has concluded the Final design and is in the right of way
process of the Project, which includes certain aesthetic features requested by the City. The City
has agreed to fund and pay the additional cost associated with design, construction and
maintenance of the desired landscaping improvements incorporated into the Project.
F. ACHD and the City desire by this Agreement to work cooperatively and to set
forth their respective duties and obligations which they are authorized by law to perform, and to
allocate certain costs and responsibilities, each with regard to the Project in accordance with law
and the Cost Share Policy.
Page 1 of 7
G. The parties have the authority to enter into this Agreement pursuant to Idaho
Code § 67-2332, which provides that one or more public agencies may contract with any one or
more other public agencies to perform any governmental service, activity, or undertaking which
each public agency entering into the contract is authorized by law to perform, provided that such
contract is authorized by the governing body of each party and that such contract shall set forth
fully the purposes, powers, rights, objectives and responsibilities of the contracting parties.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein
contained, the parties do mutually undertake, promise, and agree as follows:
SECTION 1.
PROJECT DESCRIPTION
The "Project" shall consist of and is defined as the "ACHD Components" and the "City
Components," which in turn consist of and are defined as follows:
1.1 ACHD Components: The ACRD Components of the Project consist of the
following: Travel lanes, bike lanes, curb and gutter, sidewalk (5' detached or 7' attached),
medians, retaining walls, traffic control devices (traffic signal, signage, striping and intelligent
transportation system facilities) and storm water structures. The ACHD Components fall within
one of the categories set forth in Section 3109.3 of the Cost Share Policy. ACHD has the
authority and power to construct and fund the ACHD Components pursuant to the provisions of
Title 40, Chapters 13 and 14 of the Idaho Code.
1.2 Cit~omponents: The City Components of the Project consist of the
following: Aesthetic features including landscaping, conduit for irrigation and irrigation pipe in
the median and the buffer strip shown on Exhibit A. The City Components fall within one of the
categories set forth in Section 3109.4 of the Cost Share Policy. The City Components are non-
transportation components of the Project over which ACHD lacks authority to fund. The City
intends at some point to install or require installation and maintenance of landscaping in the
medians and buffer strip.
1.2.1 Interim Treatment: If the City does not install landscaping in the median
coincident with Project construction or fully installed before substantial completion of the
Project, the City will install an alternative treatment consistent with appropriate roadway safety
guidelines. Such treatment will be subject to review and approval by ACHD.
Page 2 of 7
SECTION 2.
PROJECT DESIGN
2.1 Compliance with Standards and Specifications. ACHD shall design the Project in
compliance with the standards of the American Association of State Highway and Transportation
Officials ("AASHTO"), the adopted ACHD standards and specifications.
2.2 Review and Comment by City. ACHD will provide the City with the Project
design plans for all phases for review and comment. ACRD shall inform City of any deadlines
for providing comments to ACRD concerning the Project. ACHD will consider, but shall not be
bound by the City's comments regarding the Project design.
2.3 Approval of Plans. ACRD shall approve or disapprove, in its sole discretion, the
Project design plans.
SECTION 3.
MAINTENANCE OF CITY COMPONENTS
Pursuant to Section 3109.4.1(3) of the Cost Share Policy, ACHD's agreement to
incorporate the City Components into the Project is expressly conditioned upon City's
concurrent agreement to perpetually replace, maintain, and care for the City Components, which
City hereby agrees to do. Accordingly, City has requested a license from ACHD for the
placement, replacement, care, and maintenance of the City Components, and ACRD has agreed
to grant the City such license. Simultaneously with execution of this Agreement, the parties
agree to execute a license agreement in the form of which is attached hereto as Exhibit C (the
"License Agreement") and incorporated herein, which defines the responsibilities and
obligations of City with respect to the City Components. As provided in the License Agreement,
ACHD shall review and approve all City Components maintenance plans.
SECTION 4.
PROJECT CONSTRUCTION AND PROJECT COSTS
5.1 Construction to Conform with Plans and Law. The Project shall be constructed in
conformance with the designs, plans and specifications approved by ACHD pursuant to Section
2 above. Such construction shall comply with all applicable laws, ACHD policies and standards,
and good engineering practices.
5.2 Allocation of Design Costs. City shall be responsible for the City Component
design. ACHD shall pay all design costs associated with the ACRD Components.
5.3 Allocation of Construction Costs. The current estimate of the construction of the
City Components is $107,000. Additionally, the City shall reimburse ACHD for five percent
(5%) of all additional costs incurred by ACHD, required solely for the construction of the City
Page 3 of 7
Components which shall be calculated on a prorated basis. The prorated basis for the above items
will be calculated using the percentage of the City Component construction costs as they relate to
the total Project construction costs. The parties acknowledge and agree that these costs are only
an approximation of the cost in 2010 dollars for the City Components of the Project. The parties
acknowledge and agree that rapid fluctuation in the cost of construction materials may affect the
actual cost for the installation of the City Components and may result in costs that are
substantially higher or lower than the estimated costs in 2010 dollars. City agrees that if any
additional construction costs for the City Components are incurred, City shall be solely
responsible to pay these additional costs.
SECTION 5.
INDEMNIFICATION
6.1 City Indemnitv. The City agrees to protect, defend, and hold the ACRD and its
officers, directors, employees, members, and agents harmless from and against any and all
liability, suits, losses, damages, claims, actions, costs, and expenses of any nature, including
court costs and attorney fees, arising from or out of any acts or omissions of the City, its agents,
or contractors related to or in connection with its activities under this Agreement and the exercise
of any privileges or performance of any obligations by the City hereunder.
6.2 ACRD Indemnitv. ACRD agrees to protect, defend, and hold the City and its
officers, directors, employees, members, and agents harmless from and against any and all
liability, suits, losses, damages, claims, actions, costs, and expenses of any nature, including
court costs and attorney fees, arising from or out of any acts or omissions of ACHD, its agents,
or contractors related to or in connection with its activities under this Agreement and the exercise
of any privileges or performance of any obligations by ACHD hereunder.
SECTION 6.
TERM OF AGREEMENT
The term of this Agreement shall be perpetual, subject to annual appropriation of the
ordinary and necessary maintenance costs by the City and in conformity with the provisions of
Article VIII, Section 3 of the Idaho Constitution. Both parties believe that this Agreement does
not violate this provision of the Idaho Constitution. Without limiting the foregoing, they agree
and acknowledge that the City's agreement to maintain, repair, and replace the City Components
as set forth in the License Agreement is an ordinary and necessary expense. Neither party may
terminate this Agreement without the prior written consent of the other party, other than set forth
in this Agreement.
Page 4 of 7
SECTION 7.
JURISDICTION
City acknowledges and agrees that ACHD has exclusive jurisdiction of the public right-
of-way on the Project. ACHD will grant a license to the City for the limited purpose of
maintaining and [specify any other activities] within the right-of--way, pursuant to the License
Agreement. City agrees that this grant of a license by ACRD does not grant or confer upon City
any rights over such public right-of--way other than specifically granted by ACHD to City under
the terms of this Agreement.
SECTION 8.
GENERAL PROVISIONS
9.1 Contact Information. The contact for the Ada County Highway District shall be
Project Manager for the Project at (208) 387-6260. The contact for the City shall be Caleb Hood
at (208) 884-5533.
9.2 Termination of Interagency Agreement/Nonappropriation. Nothing in this
Agreement shall be construed to be an indebtedness or liability in violation of Article VIII,
Section 3 of the Idaho Constitution. Both parties believe that this Agreement does not violate
this provision of the Idaho Constitution. Without limiting the foregoing, they agree and
acknowledge that the City's agreement to maintain, repair, and replace the City Components as
set forth in the License Agreement is an ordinary and necessary expense.
9.3 No Liens. The City shall allow no liens as a result of any labor performed or
materials supplied in connection with the activities of the City, its agents, or contractors, to
attach to publicright-of--way or to any property held by ACHD.
9.4 Attorne~Fees. In the event of any controversy, claim, suit, proceeding or action
being filed or instituted between the parties to enforce the terms and conditions of this
Agreement, or arising from the breach of any provision hereof, the prevailing party will be
entitled to receive from the other Party all costs, damages, and expenses, including reasonable
attorneys' fees including fees on appeal, incurred by the prevailing party. The prevailing party
will be that party who was awarded judgment as a result of trial or arbitration.
9.5 Choice of Law. The validity, meaning, and effect of this Agreement shall be
determined in accordance with the laws of the State of Idaho.
9.6 Exhibits. All exhibits to this Agreement are incorporated by reference and made a
part of this Agreement as if the exhibits were set forth in their entirety in this Agreement.
9.7 Entire Agreement. This Agreement and the exhibits hereto constitute the full and
entire understanding and agreement between the parties with regard to the transaction
contemplated herein, and no party shall be liable or bound to the other in any manner by any
representations, warranties, covenants and agreements except as specifically set forth herein.
Page 5 of 7
9.8 Binding Agreement. The promises, covenants, conditions, and agreements herein
contained shall be binding on each of the parties hereto and on all parties and all persons
claiming under them or any of them; and the rights and obligations hereof shall inure to the
benefit of each of the parties hereto and their respective successors and assigns.
9.9 Severability. If any part of this Agreement is held to be illegal or unenforceable
by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the
fullest extent reasonably possible.
9.10 Waiver. Acknowledgments and Modifications. The failure of a party to insist on
the strict performance of any provision of this Agreement or to exercise any right or remedy
upon a breach hereof shall not constitute a waiver of any provision of this Agreement or limit
such party's right to enforce any provision or exercise any right. No acknowledgments required
hereunder, and no modification or waiver of any provision of this Agreement or consent to
departure therefrom, shall be effective unless in writing and signed by ACHD and City.
9.11 Headings. The headings used in this Agreement are used for convenience only
and are not to be considered in construing or interpreting this Agreement.
9.12 Counterparts. This Agreement may be executed in two or more counterparts,
each of which shall be deemed an original, but both of which together shall constitute one and
the same.
9.13 Limitations on Liability. The parties hereto agree that nothing herein contained
shall be construed to create a joint venture, partnership, or other similar relationship which might
subject any party to liability for the debts and/or obligations of the others, except as otherwise
expressly agreed in this Agreement.
9.14 Recitals. The Recitals above are incorporated into the body of this Agreement.
9.15 Time is of the Essence. Time shall be of the essence for all events and obligations
to be performed under this Agreement
End of Agreement
[Signature page follows.]
Page 6 of 7
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the
day and year first above written.
City:
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ATTEST:
City Clerk
ACHD:
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Exhibits
Exhibit A -Project Overview
Exhibit B - ACHD's Interagency Cost Share Policies and Procedures
Exhibit C -License Agreement
4805344_1.DOC
Page 7 of 7
Ten Mile Rd.
I-84 to Overland Rd.
Exhibit A
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EXHIBIT "B"
3109 INTERAGENCY COST SHARE POLICIES AND PROCEDURES
3109.1 Purpose in Establishing an Interagency Cost Share Policy
The purpose of the cost share policy is to define the role of ACRD, cities, the
county, urban renewal agencies and other potential partnering agencies in
funding both transportation and "non-transportation" elements of ACHD's road
projects. The cost share policy maintains flexibility forACHD to consider unique
features of projects and recognize the desires of the partnering agencies for
roadway features within their boundaries. Each partnering agency has its own
unique aesthetic vision for its community and the aesthetic features it desires,
from landscaped medians, to street trees, to on street parking, to types and
dimensions of sidewalks. This policy allows flexibility within the roadway
design process, establishs a consistent set of transportation elements that
ACRD will fund for all partnering agencies and provide the opportunity for
financial participation from each partnering agency to make its own aethestic
vision a reality. This policy is not intended to cover every possible situation in
which decisions about cost sharing must occur. This policy is intended to
complement the specific authority granted to ACRD pursuant to the Idaho
Constitution and Idaho Code, not replace or supersede it. If there is a conflict
between this policy and state and/or federal law, state and/or federal law shall
control.
The Interagency Cost Share Policy may apply to the following partnering
agencies:
1. Cities
2. Counties
3. Urban Renewal Agencies
4. Idaho Transportation Department
5. Neighboring counties and highway districts
6. School districts
7. Utilities
8. Regional Public Transportation Authority (VRT)
9. Metropolitan Planning Organization (MPO)
Management Agency (TMA)
or Transportation
Some projects may require ACHD and a partnering agency to partner with
private entities, such as developers or private utilities, to fund both
transportation and non-transportation elements of a project.
Adopted:
Revised:
3109 - 1
Section 3109 -Interagency Cost Share Policy (CLEAN 5-19-09) (2). DOCX
3109.2 ACHD Statutory Responsibilities
As a special purpose government, ACHD's authority to make expenditures is
limited to the specific authority granted under Idaho law. ACRD may only
participate in interagency cost sharing for roadway projects to the extent that its
participation complies with the specific powers granted to it by the Idaho
Legislature as provided for in Idaho Code. ACRD is statutorily authorized in
making expenditures on road improvements which include the design,
construction, reconstruction and maintenance of highways and public rights-of-
way, including drainage. ACRD is prohibited from exercising its powers of
eminent domain to acquire private property unless the improvement to the
right-of-way is consistent with ACHD's statutory authority and a public necessity
as defined by established engineering industry standards.
There are two separate chapters in Title 40 of the Idaho Code related to
powers granted to ACHD:
1. Chapter 13 -Powers of ACHD outside cities; and
2. Chapter 14 -Powers of ACHD within cities.
ACHD's powers are best summarized under applicable sections of I.C. §§ 40-
1310 and 40-1415. Any project improvements that result in costs outside
ACHD's specific statutory mandated powers are costs that must be paid for by
the partnering agency requesting the improvements.
3109.3 Transportation Components
Pursuant to Idaho law, ACRD may fund the following transportation
components:
1. Travel Lanes -Through or turn lanes for the purpose of vehicular
movements;
2. Bike Lanes -Facilities for bicycle use within the curb-to-curb section of
urban roadways or along shoulders of rural roadways;
3. Curbs and Gutter -Infrastructure for storm water conveyance on urban
cross-sections;
4. Sidewalks -Facilities for the safe movement of pedestrians; including
related safety buffers;
5. Paved Medians -Facilities installed for purposes of motorist safety,
access management and traffic flow;
6. Retaining Walls -Facilities for buttressing of slopes as a result of roadway
design;
7. Highway Lighting -Illumination for the primary benefit to the motorist;
Adopted:
Revised:
3109 - 2
Section 3109 -Interagency Cost Share Policy (CLEAN 5-19-09) (2). DOCX
8. Traffic Control Devices -Traffic signals, flashing beacons, signage,
striping and intelligent transportation system facilities;
9. Drainage -Storm water structures where necessary for motorist safety
and maintenance.
3109.3.1 Alternative Transportation
1. ACRD accommodates standard pedestrian and bicycle
facilities in roadway and intersection projects, as defined
by ACHD's Livable Street Design Guide or other cross-
section policies.
2. Issues related to construction, placement or relocation of
transit structures in the right-of--way shall be addressed
through the Cooperative Agreement for Transit Structures
between ACRD and Valley Regional Transit.
3109.3.2 Intelligent Transportation System
Funding for ITS projects off of the ACHD system may be managed by ACHD,
but will require full funding or local match from the agency on whose system
the project exists.
3109.3.3 Storm Water Quality
ACHD is responsible for design, construction, and reconstruction of storm
water drainage where necessary for motorist safety or right-of-way
maintenance. If ACHD determines that an agency's request for a project will
have an adverse affect on storm water quantity or quality, the requesting
agency, at its sole cost shall be responsible for mitigating any such adverse
effects.
3109.4 Non-Transportation Components
Road project elements over which ACHD has no statutory authority, must be
coordinated with the appropriate land use and/or public transportation agency.
3109.4.1 Aesthetic Features
A partnering agency may request the inclusion of aesthetic features for
roadway projects in the ACHD Five-Year Work Plan. Aesthetic features may
include, but are not limited to, landscaping, specialized pavement or sidewalk
treatments, decorative lighting, and other non-transportation component
features.
If a partnering agency requests an aesthetic feature on an
ACRD project that is beyond ACHD's statutory funding
authority, the partnering agency will be required to provide
for 100% of the costs of the non-transportation component
improvements including design, land acquisition,
construction and perpetual maintenance.
Adopted: 3109 - 3
Revised:
Section 3109 -Interagency Cost Share Policy (CLEAN 5-19-09) (2~.DOCX
2. If a partnering agency elects to enhance a necessary
transportation component of an ACRD project with an
aesthetic feature, ACHD may provide a funding credit to
the partnering agency that contributes towards the cost of
the requested aesthetic feature under the following
conditions: (1) the credit can only be applied toward
enhancing a necessary transportation component and; (2)
the aesthetic feature cannot diminish or eliminate the
function of a transportation component; (3) the amount of
the credit will not be greater than ACHD's avoided cost of
the transportation component determined by ACHD; (4) the
credit can only be applied on the same project; (5) credits
will not be allowed for avoided costs associated with
changes to number of travel lanes, lane widths or
transportation components required for motorist or
pedestrian safety. The terms of a credit will be specified in
aproject-specific interagency cost share agreement.
3. The partnering agency shall be solely responsible to
provide for the ordinary and necessary maintenance, repair
and operation of any aesthetic features installed in the
right-of-way in perpetuity. If the partnering agency fails to
ensure maintenance of the aesthetic features, ACRD may,
after reasonable efforts working the partnering agency to
cure the default, as specified in the applicable interagency
agreement, elect to remove and replace the aesthetic
features with the handscape or other materials consistent
with standard ACHD practice. All costs associated with
aesthetic removal and replacement will be borne by the
partnering agency. Failure of the partnering agency to
ensure maintenance of aesthetic features may jeopardize
the partnering agency's ability to secure cost sharing
agreements on ACRD projects until defaults are corrected
and ACHD's expenses associated with aesthetic feature
removal and replacement have been fully reimbursed.
3109.4.2 Medians
Medians can be provided for aesthetics.
ACRD Development Policy, Transportation Research
Board guidelines, and/or established engineering industry
standards, will be used to determine the need for medians
for access management and safety.
2. If a partnering agency requests medians that are not
justified for traffic management based upon established
engineering industry standards, then the requesting
agency shall be required to provide 100% of the costs of
the median, including, design, additional land acquisition,
construction and maintenance.
Adopted: 3109 - 4
Revised:
Section 3109 -Interagency Cost Share Policy (CLEAN 5-19-09) (2). DOCX
3. ACRD is responsible for the cost of medians for traffic
management which can be met with hardscaping.
4. A partnering agency is responsible for the installation and
maintenance of aesthetic features in a median.
5. The decision to install aethestic medians will require public
.involvement and applicable land use jurisdiction support.
ACRD has sole discretion with regard to installation of
medians.
3109.4.3 Pedestrian/Bicycle Facilities
Communities may desire pedestrian/bicycle facilities that are beyond ACHD's
Livable Street Design Guide or other cross-section policies .
In the pedestrian area, ACHD shall provide a buffer space
to meet ADA requirements as defined in the Livable Street
Design Guide. ACHD will pay for right-of-way to provide a
pedestrian safety buffer up to a total of 6' of buffer space, if
a city or partnering agency agrees to provide or ensure
installation and maintenance of landscaping in the
applicable space. On certain roadways, larger pedestrian
zones/features may be justified at ACHD's expense if it
can be demonstrated that it is needed for pedestrian safety
and otherwise complies with the public necessity
requirements for eminent domain as set forth in the Idaho
Constitution Art. I, § 13 and Idaho Code § 7-701 et seq.
2. If a partnering agency requests additional bicycle and
pedestrian facilities that are beyond ACHD's Livable Street
Design Guide or other cross-section polices, the agency is
required to provide 100% of the costs for additional
improvements, including design, land acquisition and
construction.
3109.4.4 On-Street Parking
ACHD shall fund the right-of-way, construction, and maintenance of on-street
parking where appropriate on arterials for ACHD projects. On-street parking on
collectors and local roads will come from dedications, consistent with existing
ACHD policy. On-street parking for arterials will come from dedications when
required as a condition of development approval. On-street parking must be
approved by ACRD.
3109.4.5 Federally-Funded Projects
Federal and State laws, rules and policies determine what
level of non-transportation elements should be included in
STP-TMA projects.
Adopted: 3109 - 5
Revised:
Section 3109 -Interagency Cost Share Policy (CLEAN 5-19-09) (2~.DOCX
2. The match paid by partnering agencies on a project that
combines both transportation and non-transportation
elements shall be proportionate to the share of the non-
transportation elements of the project.
3. STP-Enhancement projects may require additional
discussion and negotiation as non-transportation features
are generally components of such projects.
3109.4.6 Mitigation
Site specific mitigation may include specialized treatments
such as sound walls, berms and other project components
whose purpose is to mitigate traffic impacts within the
project area. These requests stem from studies, project-
specific outreach, planning efforts, and city requests.
2. Funding of mitigation, beyond that negotiated on a
property by property basis during ACRD right-of-way
acquisition process, will be handled on a case by case
basis in consultation with partnering agencies during
project development and with written approval of the
Commission.
3109.5 Notice of Interest
Partnering agencies should indicate possible interest in non-transportation
elements during ACHD's annual request for jurisdiction priorities for the Five-
Year Work Plan (FYWP). A partnering agency should indicate such interest in a
letter to the ACRD Commission indicating project priorities. However,
partnering agencies may indicate such interest at any time by a letter to the
ACRD Commission, subject to the limitations in Section 3109.6 below.
3109.6 Project Development
During project development, ACHD will provide interested partnering agencies
the opportunity to identify desired aesthetic features and adopt an interagency
cost share agreement. ACHD will develop the project consistent with the terms
and conditions of an adopted interagency cost share agreement. General
project timelines will be indicated in the FYWP. These timelines are subject to
change through the annual update of the FYWP, project development and the
budget.
When the first project design phase is initiated, (concept
design or design) ACRD will involve the partnering
agencies who have indicated an interest in writing to
identify and evaluate alternatives and determine desired
aethestic/non-transportation features
Adopted: 3109 - 6
Revised:
Section 3109 -Interagency Cost Share Policy (CLEAN 5-19-09) (2). DOCX
2. ACHD establishes a detailed scope of work for the project
design prior to initiating design work. Partnering agencies
will be afforded the opportunity to review and comment on
the scope of work for project design to ensure desired non-
transportation features are included.
3. If an agency indicates interest in possible participation after
a consultant design agreement has been signed, or
requests changes to non-transportation features outside
the current design scope of work, the partnering agency
will be solely responsible for any additional design costs
resulting from their request.
4. At the conclusion of concept design, and prior to initiating
design, ACHD and the partnering agency shall enter into
an interagency cost sharing agreement to outline cost
share and other responsibilities for the project. Some
projects proceed to design without a separate concept
design phase. In these cases, ACHD and the partnering
agency shall determine the desired features and enter into
an interagency cost sharing agreement early in the design
process.
5. If an agency declines to enter into an interagency cost
sharing agreement, the project may be delayed, or project
design may proceed without incorporating the partnering
agencies' desired features. Any additional costs that result
from a partnering agency declining to enter into an
interagency cost sharing agreement, and later requesting
additional features; shall be borne by the partnering
agency.
6. Partnering agency requests after project design is
complete will require full compensation from the partnering
agency for design or other changes in the project. ACRD
will work with the partnering agency to incorporate design
features that are feasible, however not all requests,
including those fully funded by the requesting agency,
may be able to be accommodated due to site specific
design constraints, status of land acquisition, the project
schedule, and other feasibility issues.
3109.6.1 Acceleration of Project Construction
Agencies may request project construction prior to ACHD
adopted programming.
2. If a partnering agency supplements ACRD funding for the
transportation elements of a project, ACHD awards the
project points for non-ACHD funding in the prioritization of
project ranking.
Adopted: 3109 - 7
Revised:
Section 3109 -Interagency Cost Share Policy (CLEAN 5-19-09) (2~.DOCX
3. If the partnering agency makes a project a top request of
the agency, ACHD awards the project points for the
partnering agency request in the prioritization of project
ranking. Ahigh-ranking request is also considered during
the annual Five-Year Work Plan and budget updates, with
efforts made to accommodate the request within other
funding and schedule considerations.
3109.6.2 Acceleration through Cooperative Projects
The ACHD Commission may enter into cooperative agreements with
developers to construct projects through public-private partnerships with
funding arrangements negotiated on a case-by-case basis.
1. ACRD will use the adopted Master Street Map and seek
local land use jurisdiction input to identify desired non-
transportation features when a development agreement is
proposed.
2. ACHD will notify the applicable land use jurisdiction of a
proposed development agreement and the land use
jurisdiction will have at least 30 days, from the date of
notification of the proposed development agreement, to
indicate their desire to become a partnering agency for
non-transportation features.
3. Partnering agencies desiring non-transportation aesthetic
features will have the opportunity to become a party to the
cooperative agreement between ACRD and the developer.
The partnering agency's cost share responsibilities for the
aesthetic non-transportation features will be negotiated
upon terms consistent with this cost share policy, and set
forth in the cooperative development agreement.
4. Partnering agencies seeking cooperative projects for
ACRD system improvements outside of the normal
development review process shall contact ACRD to initiate
discussion and case by case negotiation of appropriate
cost share.
3109.7 Intergovernmental Agreement
Pursuant to Idaho Code 67-2332, ACHD may enter into intergovernmental
agreements with other public agencies for the purpose of performing any
governmental service, activity, or undertaking which each public agency is
authorized by law to perform. Proposed project timeframes, anticipated project
completion dates, payment and/or reimbursement provisions, as well as other
duties and obligations of the parties, shall be negotiated in terms and
conditions that are consistent with this cost share policy and set forth in a
written intergovernmental agreement. The agreement shall be adopted by both
the ACHD Commission and the partnering agency's governing body.
Adopted: 3109 - 8
Revised:
Section 3109 -Interagency Cost Share Policy (CLEAN 5-19-09) (2). DocX
3109.8 Procedures for Participation Prior to Project Development
Any agency requesting ACHD consideration shall follow the following
procedure:
3109.8.1 Master Street Map and Future Acquisitions Map
Partnering agencies may indicate their desire for additional right-of-way for
non-transportation elements at any time by concurrent ACHD and applicable
land use jurisdiction adoption of a right-of-way width to accommodate the
desired elements in ACHD's Master Streets Map and the land use jurisdiction's
Future Acquisitions Map. Such adoption indicates the partnering agency is
willing to provide funding for the additional features consistent with this policy
and any interagency agreements.
If a partnering agency and ACRD agree on the features for
a roadway during a planning effort (e.g. comprehensive
plan update, subarea or corridor planning, etc) they will
indicate their commitment to cost share by adopting an
interagency agreement and will each adopt the appropriate
right of way width into ACHD's Master Street Map and the
land use jurisdiction's Future Acquisitions Map.
2. ACHD will seek financial participation from the partnering
agency when development applications present an
opportunity for early right-of-way acquisition.
3. If the partnering agency declines to participate in early
right-of-way acquisition, ACHD will acquire right-of-way for
the basic footprint, as defined in ACHD's Livable Street
Design Guide or other cross-section policies. Partnering
agencies will be provided a second opportunity to
purchase, at the partnering agency's cost, additional right-
of-way during the right-of-way phase of ACHD's capital
projects development provided that ACHD and the
partnering agency enter into an interagency cost sharing
agreement during the design phase.
4. If ACHD enters into a cooperative development agreement
for improvements in the public right-of-way, ACHD will
include the additional right-of--way and desired aethestic
features adopted in the Master Street Map.
3109.9 Projects for Economic Development and Land Use Goals
1. Projects of this nature typically evolve out of city area-specific planning
efforts and include projects and initiatives beyond the transportation
system needs and priorities identified by ACHD.
Adopted: 3109 - 9
Revised:
Section 3109 -Interagency Cost Share Policy (CLEAN 5-19-09) (2).DOCX
2. Funding expectations for such projects are to be clearly spelled out and
resolved during the planning process prior to presenting the project to the
Commission for adoption.
3109.10 Exceptions
The Commission reserves the right to consider exceptions from this policy on a
case-by-case basis and in accordance with Idaho law.
1. The Commission may approve roadway design features that differ from
the standard policies by adopting a concept design that specifies the
alternative features.
2. A partnering agency may propose an exception during negotiation of a
project specific interagency agreement. The agency proposing an
exception should provide a justification for Commission consideration.
3. If there is an existing project specific interagency agreement, a partnering
agency may propose an amendment to such agreement proposing an
exception, with justification for Commission consideration.
Adopted: 3109 - 10
Revised:
Section 3109 -Interagency Cost Share Policy (CLEAN 5-19-09) (Z~.DOCX
3109.11 Project Cost Responsibilities
ITEM ACHD COST PARTNERINGAGENCY
Desi n Standard Desi n Desi n of Amenities
Right-of-Way Project specific design dimensions Extra Right of Way (ROW) for
or Livable Street Design Guide basic amenities as outlined in policy,
street section if typology adopted by including damages, buyouts
ACHD and jurisdiction in Master and associated legal costs
Street Map or ACHD Capital
Improvement Plan -subject to public
necessity requirements for eminent
domain as set forth in the Idaho
Constitution Art. I, § 13 and Idaho
Code § 7-701 et seq.
Through and Project specific design dimensions None
Center Turn or Livable Street Design Guide
Lanes, Curb and dimensions if typology adopted by
Gutter, Utility ACHD and jurisdiction in Master
Strip Street Map or ACHD Capital
Improvements Plan
Medians If needed for traffic safety 8~ Upgraded hardscape or
operations, with hardscape landscaping and irrigation if
median is needed for traffic
management. All ROW,
construction, and maintenance
if median is for aesthetics only
Buffer Zone As specified in the Livable Street Landscape costs, construction
Design Guide for the basic and ROW in excess of 6';
pedestrian zone; 6' ROW if perpetual maintenance of
partnering agency chooses to landscaping
landscape -subject to public
necessity requirements for eminent
domain as set forth in the Idaho
Constitution Art. I, § 13 and Idaho
Code 7-701 et se .
Bike Lanes 5' unless constrained in a built Greater than 5' unless
environment, then determined during otherwise specified in an
project design adopted plan
Sidewalks 5' Greater than 5' unless
otherwise specified in an
ado ted Ian
On Street Parking ROW, design, construction and Dedicated by the partnering
maintenance on ACHD arterial agency or developer for
projects collectors and local roads.
Dedicated by developer for
arterials when required as a
condition of development
a royal.
Illumination Primarily of benefit to motorists Energy and Maintenance
(lighting) costs, Pedestrian lighting
Adopted: 3109 - 11
Revised:
Section 3109 -Interagency Cost Share Policy (CLEAN 5-19-09) (2). DOCX
Property Management No. ~~~~ -?~ati- pg~p
Parcel: S1223223240
Street: Ten Mile, Overland/Overland, ACHD Project No 510012
T3N,R1W,S23
~' ~~~ LICENSE AGREEMENT
THIS LIC~N_S~E AGREEMENT (the "Agreement") is made and entered into this
i2~ day of , ~~10, by and between the City of Meridian, an Idaho municipal
corporation ("Licensee") and the ADA COUNTY HIGHWAY DISTRICT, a body politic
and corporate of the state of Idaho, ("ACHD").
WITNESSETH:
For good and valuable consideration, the receipt and sufficiency of which is
acknowledged by the parties:
SECTION 1. RECITALS.
1.1 Licensee and ACHD are parties to that certain Interagency Cost Sharing
Agreement dated 1~g~sr ~o , 2010 (the "Interagency Agreement"). Pursuant to
the Interagency Agreement, ACRD and Licensee have agreed to share certain costs
related to the construction of a new roadway alignment and expansion of portions of the
existing roadways of Ten Mile/Overland, ACHD Project No. 510012 as further described
and defined in the Interagency Agreement (the "Project"). The parties have further
agreed pursuant to the Interagency Agreement to execute this Agreement.
1.2 Licensee desires certain landscaping improvements to be incorporated
into a portion of the Project.
1.3 ACHD's agreement in the Interagency Agreement to incorporate the
Licensee's desired landscaping improvements into the Project is expressly conditioned
upon Licensee's agreement to perpetually maintain and care for the requested
landscape improvements. Accordingly, Licensee desires to obtain a license from ACRD
for the placement, care, and maintenance of certain landscape improvements that are
to be incorporated into the Project, and ACHD desires to grant Licensee a license for
the placement, care, and maintenance of the landscape improvements.
1.4 ACHD owns and has exclusive jurisdiction over the area in which
Licensee desires to place the landscaping as described and/or depicted on Exhibit A
attached hereto (the "Landscape Area").
LICENSE AGREEMENT Ten Mile/Overland -Page 1 EXHIBIT "C"
1.5 Licensee desires a license to use the Landscape Area for the limited
purposes hereinafter set forth, and, for the consideration and on the terms and
conditions hereinafter set forth, ACHD is willing to extend such license to Licensee.
1.6 Licensee has agreed to undertake certain obligations with regard to the
Landscape Area as further set forth in this Agreement.
SECTION 2. LICENSE; LICENSE NOT EXCLUSIVE.
2.1 On the terms and conditions hereinafter set forth, ACHD hereby extends
to Licensee a license on, over, across and under the Right-of-Way for the following uses
and purposes ("Authorized Use") and no others:
Licensee agrees to construct install and maintain certain landscape
improvements that are to be incorporated into the ACHD's Ten Mile, Overland to
Overland Project, ACHD Project No. 510012
Final grading of landscaped areas shall slope away from Right of Way
"hardscape"improvements including the edge of pavement, curbing and sidewalks. In
general, licensee to install landscaping and sprinklers in a manner to eliminate irrigation
flows and/or ponding of irrigation water within the ACHD Right of Way. Any perennial
trees or plants that will extend roots deeper than 18 inches shall be prohibited over
ACRD underground seepage beds, infiltration facilities or piping systems. Trees shall
be offset from edge of seepage beds a minimum of 10 feet to allow for future root
pruning, if necessary, and maintenance access for heavy equipment over beds.
Infiltration areas shall not be covered with sod or non-free draining materials/soil.
Access to inlets and outlets of ACHD Drainage Areas shall not be planted with trees,
shrubs or any landscaping that would impede heavy equipment vehicle access.
Licensee to observe the 40' sight triangle along the Right of Way and will not plant any
shrubs or trees within the area or over any utility lines. All trees in the public Right of
Way to be maintained by Licensee for clearance of 14' over all roadways measured at
gutter plate and 8' over all sidewalks. Licensee to contact Digline Inc., prior to start of
construction. Licensee to contact Construction Services at 387-6280 to verify if a
construction permit is required.
2.2 This Agreement does not extend to Licensee the right to use the Right-of-
Way to the exclusion of ACRD for any use within its jurisdiction, authority and discretion
or of others to the extent authorized by law to use public right-of-way. If the Right-of-
Way has been opened as a public Highway (as used in the Agreement the term
"Highway" is as defined in Idaho Code § 40-109(5)) Licensee's Authorized Use is
subject to the rights of the public to use the Right-of-Way for Highway
LICENSE AGREEMENT -Page 2
purposes. Licensee's Authorized Use is also subject to the rights of holders of
easements of record or obvious on inspection of the Right-of-Way and statutory rights
of utilities to use the public right-of-way. This Agreement it is not intended to, and shall
not, preclude or impede the ability of ACHD to enter into other similar agreements in the
future allowing third parties to also use its public rights-of-way, or the ability of ACRD to
redesign, reconstruct, relocate, maintain and improve its public rights-of-way and
Highways as authorized by law and as it determines, in its sole discretion, is
appropriate.
SECTION 3. CONSTRUCTION OR INSTALLATION OF IMPROVEMENTS. Any
repairs or maintenance, of the Licensee's improvements currently located in the Right-
of-Way or the installation or construction of improvements by Licensee in the Right-of-
Way as permitted by the Authorized Use, (the "Improvements"), shall be accomplished
in accordance with designs, plans and specifications approved in advance and in writing
by ACRD as required to satisfy applicable laws, its policies and good engineering
practices. In approving such plans and specifications, ACHD assumes no responsibility
for any deficiencies or inadequacies in the design or construction of the Improvements,
and the responsibility therefore shall be and remain in Licensee.
SECTION 4. WAIVER AND ESTOPPEL STATEMENT BY LICENSEE. Licensee
acknowledges and agrees that the license granted herein is temporary, and merely a
permissive use of the Right-of-Way pursuant to this Agreement. Licensee further
acknowledges and agrees that it specifically assumes the risk that the license pursuant
to this Agreement may be terminated before Licensee has realized the economic benefit
of the cost of installing, constructing, repairing, or maintaining the Improvements, and
Licensee hereby waives and estops itself from asserting any claim that the license is in
any way irrevocable because Licensee has expended funds on the Improvements and
the Agreement has not been in effect for a period sufficient for Licensee to realize the
economic benefit from such expenditures.
SECTION 5. TERM.
5.1 The term of this Agreement will commence on the 4t" day of August, 2010,
and will continue until terminated by ACHD, with or without cause, which termination
shall be effective following THIRTY (30) DAYS advance written notice of termination
given to Licensee. Both parties believe that this Agreement does not violate this
provision of the Idaho Constitution. Without limiting the foregoing, they agree and
acknowledge that the City's agreement to maintain, repair, and replace the landscaping
as set forth in the License Agreement is an ordinary and necessary expense. Upon
expiration of the THIRTY (30) DAYS, ACRD shall record a Revocation of License
Agreement in the Official Real Property Records of Ada County, Idaho.
5.2 If Licensee defaults in the performance of any obligations incumbent upon
it to perform hereunder ACHD may terminate this Agreement and the rights extended to
LICENSE AGREEMENT -Page 3
Licensee hereunder at any time, effective at the end of THIRTY (30) days following the
date ACHD shall provide written notice of termination to Licensee, which notice shall
specify such default(s). Licensee shall have such THIRTY (30) day period to correct
and cure the specified defaults, and if so corrected and cured, to the satisfaction of
ACRD, this Agreement shall not be terminated but shall continue in full force and effect.
SECTION 6. FEE. There is no annual fee for the Licensee's Authorized Use of the
Right-of-Way under this Agreement.
SECTION 7. MAINTENANCE FAILURE TO MAINTAIN RELOCATION OF UTILITIES.
7.1 At its sole cost and expense, Licensee shall maintain the Improvements in
good condition and repair and as required to satisfy applicable laws, the policies of
ACHD and sound engineering practices. Licensee shall have access over, across and
under the Right-of-Way for the purposes of accomplishing such repair and
maintenance.
7.2 If the Highway on and/or adjacent to the Right-of-Way is damaged as a
result of:
(i) the performance by Licensee of the maintenance required by section 7, or
the failure or neglect to perform such maintenance; and/or
(ii) Licensee's design, installation or use of the Improvements, regardless of
cause;
at its sole cost and expense Licensee shall forthwith correct such deficiency and restore
the Highway and the surface of the Right-of-Way to the same condition it was in prior
thereto, and if Licensee shall fail or neglect to commence such correction and
restoration within twenty-four (24) hours of notification thereof, ACHD may proceed to
do so, in which event Licensee agrees to reimburse ACHD for the costs and expenses
thereof, including, without limitation, reasonable compensation for the use of staff and
equipment of ACHD.
7.3 Notwithstanding the provisions of section 7.2, should an emergency exist
related to the Licensee's use of this license which threatens the stability or function of
the Highway on or adjacent to the Right-of-Way or the safety of the public use thereof,
ACHD shall have the right to immediately perform, on behalf of, and at the cost of
Licensee necessary emergency repairs.
7.4 Licensee will be responsible for the relocation of any existing utilities
located on the Right-of-Way as may be required in connection with any construction or
installation of Improvements by Licensee in the Right-of-Way.
LICENSE AGREEMENT -Page 4
SECTION 8. RELOCATION OF IMPROVEMENTS. If during the term of this
Agreement ACHD requires, in its sole discretion, at any time, and from time to time, that
the Highway on and/or adjacent to the Right-of-Way be widened and/or realigned,
redesigned, improved and/or reconstructed, Licensee hereby accepts responsibility for
all costs for relocating, modifying or otherwise adapting the Improvements to such
realignment and/or relocation and/or reconstruction if required by ACRD, which shall be
accomplished by Licensee according to designs, plans and specifications approved in
advance by ACHD in writing; provided ACRD gives Licensee adequate written notice as
necessary to allow Licensee to redesign, relocate, modify or adapt the Improvements to
the realignment and/or relocation and/or reconstruction of the Highway and also
licenses Licensee such additional area of its right-of-way, if any, as may be necessary
for the proper operation of the Improvements.
SECTION 9. PERMIT. If the proposed construction and installation of the
Improvements, or any reconstruction, relocation or maintenance thereof requires
Licensee to obtain a permit under ACHD policies, Licensee shall first obtain such permit
from ACHD (Construction Services Division) before commencing such work, and pay
the required fees and otherwise comply with the conditions set forth therein.
SECTION 10. NO TITLE IN LICENSEE. Except as expressly provided herein, the
terms and conditions of this Agreement shall not create any type of property right, title
or interest in Licensee in or to the Right-of-Way other than the right to temporarily use
the same pursuant to the terms of this Agreement.
SECTION 11. NO COSTS TO ACRD. Any and all costs and expenses associated with
Licensee's Authorized Use of the Right-of-Way, or any construction or installation of
Improvements thereon, or the repair and maintenance thereof, or the relocation of
Improvements or utilities thereon, or the restoration thereof at the termination of this
Agreement, shall be at the sole cost and expense of Licensee.
SECTION 12. TAXES AND ASSESSMENTS. Licensee agrees to pay all special
assessments and personal property taxes that may be levied and assessed on the
Improvements during the term of this Agreement.
SECTION 13. RESTORATION ON TERMINATION. Upon termination of this
Agreement, Licensee will promptly remove all Improvements and restore the Right-of-
Way to at least its present condition. Should Licensee fail or neglect to promptly
remove the Improvements and restore the Right-of-Way, ACHD may do so, and assess
Licensee for the costs thereof. Provided, ACHD and Licensee may agree in writing that
some or all of such Improvements are to remain on the Right-of-Way following
termination, and by entering into such an agreement Licensee thereby disclaims all
right, title and interest in and to the same, and hereby grants such Improvements to
ACHD, at no cost. Further provided, if the Authorized Use of the Right-of-Way under
LICENSE AGREEMENT -Page 5
this Agreement is for landscaping in ACHD right-of-way and the irrigation and
maintenance thereof, and the general purpose government with jurisdiction has adopted
ordinances, rules and regulations governing the landscaping and maintenance of such
right-of-way by owners of the adjacent property, to the extent such owners are obligated
to maintain and irrigate the landscaping Licensee need not remove the same from. the
Right-of-Way.
SECTION 14. INDEMNIFICATION. Licensee hereby indemnifies and holds ACRD
harmless from and against any and all claims or actions for loss, injury, death,
damages, mechanics and other liens, arising out of the failure or neglect of Licensee,
Licensee's employees, contractors and agents, to properly and reasonably make
Authorized Use of the Right-of-Way or properly construct, install, plant, repair or
maintain the Improvements thereon, or that otherwise result from the use and
occupation of the Right-of-Way by Licensee, and including any attorney fees and costs
that may be incurred by ACRD in defense of such claims or actions indemnified against
by Licensee hereunder. For claims or actions arising out of failures or neglect occurring
during the term of this Agreement, Licensee's obligations pursuant to this section shall
survive the termination of this Agreement.
SECTION 15. COMPLIANCE WITH LAW' WASTE AND NUISANCES PROHIBITED.
In connection with Licensee's use of the Right-of-Way, throughout the term of this
Agreement Licensee covenants and agrees to: (i) comply and observe in all respects
any and all, federal, state and local statutes, ordinances, policies, rules and regulations,
including, without limitation, those relating to traffic and pedestrian safety, the Clean
Water Act and/or to the presence, use, generation, release, discharge, storage or
disposal in, on or under the Right-of-way of any Hazardous Materials (defined as any
substance or material defined or designated as hazardous or toxic waste, material or
substance, or other similar term, by any federal, state or local environmental statute,
regulation or occurrence presently in effect or that may be promulgated in the future); (ii)
obtain any and all permits and approvals required by ACHD or any other unit of
government; and (iii) commit no waste or allow any nuisance on the Right-of-Way.
Licensee covenants and agrees to indemnify and hold ACHD harmless from and
against any and all claims, demands, damages, liens, liabilities and expenses (including
without limitation, reasonable attorneys' fees), arising directly or indirectly from or in any
way connected with the breach of the foregoing covenant. These covenants shall
survive the termination of this Agreement.
SECTION 16. ASSIGNMENT. Licensee, upon the prior written consent of ACHD, may
sell, assign or otherwise transfer this Agreement. Upon execution of the Assignment,
the assignee assumes all obligations, warranties, covenants and agreements of
Licensee herein contained.
LICENSE AGREEMENT -Page 6
SECTION 17. ATTORNEYS' FEES. In any suit, action or appeal therefrom to enforce
or interpret this Agreement, the prevailing party shall be entitled to recover its costs
incurred therein, including reasonable attorneys' fees.
SECTION 18. NOTICE. Any notice under this Agreement shall be in writing and be
delivered in person, or by United States Mails, postage prepaid, or by public or private
24-hour overnight courier service (so long as such service provides written confirmation
of delivery), or by facsimile verified by electronic confirmation. All notices shall be
addressed to the party at the address set forth below or at such other addresses as the
parties may from time to time direct in writing by notice given the other. Any notice shall
be deemed to have been given on (a) actual delivery or refusal, (b) three (3) days
following the day of deposit in the United States Mails, (c) the day of delivery to the
overnight courier, or (d) the day facsimile delivery is electronically confirmed.
If to ACHD: Ada County Highway District
3775 Adams Street
Garden City, Idaho 83714
Attn: Right of Way Division
If to Licensee: City of Meridian
Department of Parks & Recreation
Director
33 E. Broadway Ave.
Meridian, Idaho 83642
SECTION 19. SUCCESSORS AND ASSIGNS. This Agreement, the license herein
extended, and the covenants and agreements herein contained shall inure to the benefit
of and be binding upon the parties hereto and their successors and, if consented to by
ACRD under section 16, Licensee's assigns.
SECTION 20. EXHIBITS. All exhibits attached hereto and the recitals contained herein
are incorporated herein as if set forth in full herein.
SECTION 21. RECORDATION. This Agreement will not be recorded.
SECTION 22. AUTHORITY TO EXECUTEe.
22.1 The person executing this Agreement on behalf of ACHD represents and
warrants due authorization to do so on behalf of ACHD, and that upon execution of this
Agreement on behalf of ACHD, the same is binding upon, and shall inure to the benefit
of, ACHD.
LICENSE AGREEMENT -Page 7
22.2 If Licensee is not a natural person, the person executing the Agreement
on behalf of Licensee represents and warrants due authorization to do so on behalf of
Licensee, and that upon execution of this Agreement on behalf of Licensee, the same is
binding upon, and shall inure to the benefit, of Licensee.
IN WITNESS WHEREOF, the undersigned have caused this Agreement to be
executed the day, month and year first set forth above.
Licensee
City of Meridian:
/l~~i~
Tammy a eerd
Mayor
ATTEST: \,~~~~~~\~'~ ~ M~~~~~'9,~,''%,.
~GpF~P~4 T~
~ ~ '_
'~ = REAL
~Ci ler = '`~~M
~:~ 9~ ~T 1ST ' •jQ~~•
%, ~ covr~Y , ,,,,
ACRD:
ADA COUNTY HIGHWAY DISTRICT
By: Chanon B. Romo
Its: Right of Way Supervisor
LICENSE AGREEMENT -Page 8