Agreement with Nampa Meridian Irrigation District NMID for Construct and Install Water and Sewer Main at Rutledge LateralADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 14
BOISE IDAHO 08124112 08:43 AM
DEPUTY Bonnie Oberbillig ~II ("I'I"II'I'III'IIIII'II'II~I~'I~
RECORDED-REQUEST OF 112~$~6SS
Nampa Meridian Irrigation Dist
AGREEMENT
' is made and entered into this o~~ day of ,~, 2012, by and
This AGREEMENT,
RIDIAN IRRIGATIGN DISTRICT, an irrigation dis ct organized and existing
between NAMPA & ME
' of the laws of tl~e State of Idaho, party of the first part, hereinafter referred to as the
under and by virtue
"District", and
CITY flF MERIDIAN,
33 East Broadway, Meridian, Idaho 83642
hereinafter referred to as the "City",
~1ITNESSET~:
AREAS the District owns the irrigation ditch. known as the RUTLEDGE LATERAL, an
' e al art of the irri ation and drainage works and system. of the District, together with the easement
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to conve irri ation water, to operate, clean, maintain, and repair the Rutledge Lateral, and to
therefor Y g nd
access the Rutledge Lateral for those purposes, a ,
S the District o erates, cleans, maintains, repairs and protects the Rutledge Lateral for
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the benefit of District's landowners; and,
REAS tlae Ci owns an easement or easements, particularly described in the "Legal
~ ~ • • e made a art hereof, for construction,
Descnptton" attached hereto as Exhibit A and by this referent p
' maintenance of a water main and a sewer main within andlor across the road rights-of-way
operation and
for't~illiams Street, King Street and Main Street in Meridian, Idaho; and,
REAS the Rutted a Lateral crosses and intersects Williams Street, King Street and Main
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d the Ci 's easements described in Exhibit A as shown an Exhibit B, attached. hereto and by
Street an ty t }
this reference made a part hereof; and,
EREAS the Ci desires ermission to construct and install a water main and a sewer main
~ ~ p ' ' ement under the terms and conditions of
under and across the Rutledge Lateral andlor the District s eas ain St at
this A ement in furtherance of the Meridian Road Split Corridor project at King St. and M
Williams St, within the City of Meridian, Ada County, Idaho; and
NO'W THEREFORE, for and in consideration of the premises and of the covenants, agreements
and conditions hereinafter set forth, the parties agree as follows:
AGREEMENT -1
A, Scope of Agreement
1. The Ci shah have the right to cross the Rutledge Lateral or encroach upon the District's
easement for the Rutted a Lateral in the manner described in the "Purpose of Agreement" attached hereto
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as Exhibit C and by this reference made a part hereof.
~, Any crossing, encroachment upon or modification of the Rutledge Lateral and/or the
District's easement shall be performed and maintained in accordance with the :'Special Conditions stated
in Exhibit D, attached hereto and by this reference made a part hereof. Any difference or discrepancy
between the items listed in Exhibit C, "Purpose of Agreement," and any plans ar drawings referenced ~n
or attached to Exhibit D shall be resolved in favar of Exhibit C. The City shall only be permitted to cross,
encroach u on or modify the Rutledge Lateral and/or the District's easement as described in Exhibit C
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even if an laps or drawings referenced or attached to Exhibit D provide or show otherwise. Each
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installed facility shall be subject the conditions of this Agreement and the City shall have access to repair,
maintain, or replace said facilities as needed.
3. This Agreement pertains only to the City's encroachment upon the Rutledge Lateral
and/or the District's easement for the purposes and in the manner described herein. The City shall not
excavate, discharge, place any structures, nor plant any trees, shrubs or landscaping within the District s
easement, nor erform any construction or activity within the District's easement for the Rutledge Lateral
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except as referred to in this Agreement without the prior written consent of the District.
4. -The City recognizes a»d acknowledges that the permission granted by this Agreement
pertains only to the rights of the District as owner of an easement. The District has no right or power to
create rights in the City affecting the holder,of title to the property subject to the District's easement. Any
such ri hts affecting fee title must be acquired by the City from the holder of title to the property. Should
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the City fail to obtain such rights from the holder of title to the property or should the rights obtained
rove legally ineffectual, the City shall indemnify, hold harmless, and defend the District from any claim
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by any party arising out of or related to such failure of rights and at the option of the District this
Agreement shall be of no force and effect.
C. Facility Construction, Operation, Maintenance and Repair
1. The City agrees that the work performed and the materials used in any construction
permitted by this Agreement shall at all times be subject to inspection by the District and the District's
engineers, and that final acceptance of the such work shall not be made until all such work and materials
shall have been expressly approved by the District. Such approval by the District shall not be
unreasonably withheld.
2. Each facility ("facility" as used in this Agreement means any object or thing installed by
the City on, over or in the vicinity of the District's easement] shall be constructed, installed, operated,
maintained, and repaired at all times by the City at the cost and expense of the City.
3. The City agrees to construct, install, operate, maintain and repair each facility and
conduct its activities within or affecting the District's easement so as not to constitute or cause:
a. a hazard to any person or property;
b~ an interruption or interference with the flow of irrigation ar drainage water in the
AGREEMENT - 2
Rutledge Lateral or the District's delivery of irrigation water;
c. an increase in seepage or any other increase in the loss of water from the ditch;
d. the subsidence of soil within or adjacent to the easement;
e, an interference with the District's use of its easement to access, operate, clean,
maintain, and repair the Rutledge Lateral;
f, any other damage to the District's easement and irrigation or drainage works.
4. The City agrees to indemnify, hold harmless, and defend the District from all claims for
lama es arisin out of any of the City's construction or activity which constitutes or causes any of the
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circumstances enumerated in the preceding paragraph, 3.a. through 3.f., or any other damage to the
easement and irrigation works which maybe caused by the construction, installation, operation,
maintenance, repair, and any use or condition of any facility.
5. The City shall, upon demand of the District, remove any facility or repair any alteration
of the District's easement which interferes with the District's operation and maintenance of the Rutledge
Lateral, or causes or contributes to any of the circumstances enumerated in the preceding paragraph, 3.a.
throw h 3.f. The District shall give reasonable notice to the City, and shall allow the City a reasonable
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eriod of time to perform such maintenance, repair, and other work, except that in cases of emergency the
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District shall attempt to give such notice as is reasonable under the circumstances. The City shall respond
within 24 hours to begin repair or remediate any interference with the District's operation and
maintenance of the Rutledge Lateral, The District reserves the right to perform any and all work which.
the City fails or refuses to perform within a reasonable period of time after demand by the District. All
work erformed shall be performed in manner required by Idaho law, including but not limited to the use
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of licensed public works contractors and engineers and the performance standards as required by law and
ordinance. The City agrees to pay to the District, on demand, the casts which shall be reasonably
ex ended by the District for such purposes. Nothing in this paragraph shall create or support any claim of
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an kind by the City or any third party against the District for failure to exercise tl~e options stated in this
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aragraph, and the City shall indemnify, hold harmless and defend the District from any claims made
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a ainst the District arising out of or relating to the terms of this paragraph, except for claims arising from
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any work which unreasonably exposes the District's employees and agents to the risk of harm from
electric power lines, or arising solely out of the negligence or fault of the District.
D. District's Rights Are Paramount
] . The parties hereto understand and agree that the District has no right in any respect to
impair the uses and purposes of the irrigation ar drainage works and system of the District by this
Agreement, nor to grant any rights in its irrigation or drainage works and system incompatible with the
uses to which such irrigation or drainage works and system are devoted and dedicated and that this
Agreement shall be at all times construed according to such principles.
2. Nothing herein contained shall be construed to impair the Rutledge Lateral or the
District's easement, and all construction and use of the District's easement by the City and the permission
herein provided therefor shall remain inferior and subservient to the rights of the District to the use of the
Rutledge Lateral. for the transmission and delivery of irrigation water or transmission of drainage water,
3. The City agrees that the District shall not be liable for any damages which shall occur to
any facility in the reasonable exercise of the rights of the District in the course of performance of
AGREEMENT -
maintenance or repair of the Rutledge Lateral.
4. In the event of the failure, refusal or neglect of the City to comply with all of the terms
ditions of this A reement, the permission granted to the City under the terms hereof maybe
and con g
' the District and an facility, structure, plant, or any other improvement in or over the ditch,
terminated by ~ Y .
' t of wa therefor which may unreasonably and materially interfere with the maintenance and
and the rlgh y
ti n of such Rutted a Lateral by the District with its equipment for the maintenance of the Rutledge
opera o g
Lateral shall be promptly removed by the upon demand of the District.
E. Applicable Law and Jurisdiction Unaffected.
l . Neither the terms of this Agreement, the permission granted by the District to the City,
the Ci 's activi which is the subject of this Agreement, nor the parties exercise of any rights or
~ ty
erformance of an obli ations of this Agreement, shall be construed or asserted to extend the application
p Y g ' r other re uirement or the 'urisdiction of any federal, state, or
of any statute, rule, regulation, directive o 9 ~• 'tches drains
other a ency or offcial to the District's ownership, operation, and maintenance of its dx ,
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irri ation works and facilities which did not apply to the District's operations and activities prior to and
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without execution of this Agreement.
2, In the event the District is required to comply with any such requirements or is subject to
the 'urisdiction of any such agency as a result of execution of this Agreement or the City's activity
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authorized hereunder, City shall indemnify, hold harmless and defend the District from all costs and
liabilities associated with the application of such laws or the assertion of such ~urrsdlctlon and the City
shall cease the activity and remove the facility which subjects the District to such requirements.
F. Indemuification and Hold Harmless
l . In addition to all other indemnification provisions herein, City further agrees to
indemni hold harmless and defend the District from any injury, damages, claim, lien, cost andlor
~' ~ erted a ainst the District b reason of
expense tincluding reasonable attorney s fees) incurred by, or ass g Y
the ne li ent acts or omissions of City or its agents, contractors or subcontractors in performing the
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construction and activities authorized by this Agreement.
G. Fees and Costs
l . The City agrees to pay to the District fees and costs incurred by the District for work
necess to prepare this Agreement. The amount shall not exceed $500.00 without the additional
consent of the City.
2. Should either party incur costs or attorney fees in connection with efforts to enforce the
rovisions of this Agreement, whether by institution of suit or not the prevailing party incase suit is
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instituted, shall be entitled to reimbursement for its costs and reasonable attorney fees from the other
party.
AGREEMENT -
H. 11~iscetlaneous
1. . No Claims Created, Nothing in this Agreement shall create or support a claim of
esto el waiver, rescription or adverse possession by the City or any third party against the District,
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2. Assi n~ merit. Neither this Agreement nor any agreement entered pursuant to this
A regiment ma be assigned or transferred without the prior written approval of the Parties, which
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approval shall not be unreasonably withheld.
3. Amendment and Modification. Any amendment or modification of this Agreement must
be in writing and signed by all parties to be enforceable,
4. interpretation. This Agreement shall be interpreted and enforced in accordance with the
laws of the State of Idaho. 'i'bis Agreement is not intended for the benefit of any third party and is not
enforceable by any third party. if any provision of this Agreement is determined by a court of competent
'urisdiction to be invalid. or otherwise unenforceable, all remaining provisions of this Agreement shall
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remain in full force and effect. The parties represent and warrant to each other that they each have
authori to enter this Agreement. The catchlines or section headings herein set forth are provided only
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far the convenience of the parties in locating various provisions of this Agreement, and are not intended
to be aids in interpretation of any provision of this Agreement with respect to which the parties might
disagree at same future time, and shall not be considered ~n any way to interpreting or construing any
provision of the Agreement.
5, Binding Effect. The covenants, conditions and agreements herein contained shall
constitute covenants to run with, anal running with, the easements} of the City described herein, and shall
be bindin on each of the arties hereto and on all parties and all persons claiming under them or either of
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them, and the advantages hereof shall inure to the benefit of each of the parties hereto and their respective
successors and assigns.
b. No~ tiee_s. Any and all notices, demands, consents and approvals required pursuant to this
Agreement shall be delivered to the parties as follows:
Nampa. & Meridian Irrigation District City of Meridian
SS25 East Greenhurst 33 E. Broadway
Nampa, ID 83b8d Meridian, Idaho 83642
Notices shall be deemed to have been delivered upon hand deposit in tl~e United States mail as
provided above.
7. Counterparts. This Agreement may be executed and delivered in counterparts, each of
which shall be deemed to be an original and all of which shall constitute one and the same instrument.
TN WITNESS Vi~I'lEREOF, the District has hereunto caused its name fio be subscribed by its
officers first hereunto duly authorized by resolution of its Board of Directors and the City has caused its
corporate name to be subscribed by its duly authorized officer, all as of the day and year herein first above
written.
AGREEMENT - 5
~~`PN'RR,~q~%
OfFlCIAL 2
a. ~' y
a~ibN L~~y
NAMPA & MERIDIAN IRRIGATION DISTRICT
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Ey
Its Preside~rt
ATTEST:
lts Secretary
CITY 4F MERIDIAN
ATTEST:
City
O~~,gED A UCL$T
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City of
E IDIAN~--
IDANO
~~ SEAL ti
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~~°f~d~~~~n ~.~
Its Mayor
AGREEMENT - b
STATE OF IDAHO }
} ss:
County of Canyon )
On this day of ~20I2, before me, the undersigned, a Notary Public in
and for said State, ersonally appeared Ctint C. Plane and Dann Coon, known to me to be the President
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and Secreta , res ectively, of NAMPA & MERIDIAN IRRIGATION DISTRICT, the irrigation district
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that executed the foregoing instrument and acknowledged to me that such irrigation district executed the
same,
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the
day and year in this certificate first above written.
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STATE OF IDAHO y re,,,___,,~'r
ss.
County of Ads ~
Notary Public for Idaho
Residing at aho
My Commission Expires: o~. 4 ~ ~'''
On this 1.~._. day of ~~_____._._, 2012, before me, the undersigned, a notary
bli in and for said state ersonall appeared d Q~.rc~ and ~~ C~~ 1 r~! off,
pu c ~ P Y a~
known to me to be the b~a.~orr and ~~~ ~ v 1~_ of the CITY OF MERIDIAN,
the enti that executed the foregoing instrument, and acknowledged to me that such entity executed the
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same.
IN WITNESS WI~REOF, I have hereunto set my hand and affixed my official seal, the
day and year in 'this certificate first above written.
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My Commission Expires: ~ of
AGREEMENT - 7
Exhibit A
Le. 1 Description
An easement or easements for a water main and a sewer main, located within the road rights-ofM
way for Williams Street, King Street and Main Street in the SV~'/4 SW'/4 of Section 7, Township 3 North,
Range I West, B.M., Meridian, Ada County, Idaho.
AGREEMENT -
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Exhibit B
EXHIBIT C
Purpose of A reg ement
The purpose of this Agreement is to permit the City to construct within the City's easemcnt(s} a
sewer main crossing under the Rutledge Lateral at three (3}locations, and a water main crossing under the
Rutledge Lateral at two (2}locations, each to be installed a minimum of three (3}feet under and across
the Rutledge Lateral and the District's easement, where the City's easements} intersect the Rutledge
Lateral in Meridian, Ada County, ldaho.
EXHIBIT D
Special Conditions
a. The construction described in Exhibit C shall be in performed in accordance with Exhibit
D-1, attached hereto and by this reference incorporated herein, (The plans submitted to the District by
the City identified. the Rutledge Lateral as "Nine Mile Creek," In Exhibit D-l, the plans have been
amended by the District's'WaterSuperintendent toidentify the Rutledge Lateral.}
b. The City shall notify the District's Water Superintendent prior to and immediately after
construction sothat heand/or the District's engineers may inspect and approve the construction,
c. The City shall repair any damage to the Rutledge Lateral pipeline caused by the
construction authorized by this Agreement. The City shall immediately notify the District's V1later
Superintendent of such damage so that he may approve or verify the adequacy of the repairs. Such
repairs may require replacement of damaged pipe,
d. The City represents that City has complied with all federal, state or other laws, rules,
regulations, directives or other requirements in any form regarding environmental matters, and
specifically those relating to pollution control and water quality, as may be applicable under the subject
matter, terms or performance of this agreement broadly construed. The City recognizes its continuing
duty to comply with all such requirements that now exist or that may be implemented or imposed in the
future. By executing this agreement the District assumes no responsibility or liability for any impact
upon or degradation of water quality or the environment resulting from the discharge or other activity by
the City which is the subject of this agreement.
e. The parties to this agreement recognize that this agreement is an accommodation to the
City, The District by this agreement does not assume, create, or exercise legal or other authority, either
express or implied, to regulate control, or prohibit the discharge or contribution of pollutants or
contaminants to the District's facilities or to any groundwater, waters of the State of Idaho or the United
States, or any other destination. Such authority, to the extent that it exists, is possessed and exercised by
governmental environmental agencies,
f, Construction shall not commence before the District ceases delivering water through the
Rutledge Lateral, and shall be completed prior to March 15, 2013. Time is of the essence,
AGREEMENT - 9
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