Agreement with Nampa Meridian Irrigation District NMID for Hunter Lateral for Police Public Safety Training CenterADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 a# ' ~
BOISE IDAHO 12119/13 09:12 AM
DEPUTY Nikola Olson
RECORDED-REQUEST OP III I'II'lll'II~II"'ll'~II'll'~II I'll
Nampa Meridian Irrigatlon Dist 113135033
AGREEMENT.
This AGREEMENT, is made and entered into this ~~~ day of. ,1L~~4-u!LOl3, by and
between NAMPA & MERIDIAN IRRIGATION DISTRICT, an irrigation district organized and existing
under and by virtue of the laws of the State of Idaho, hereinafter referred to as the "District", and
CITY OF MERIDIAN,
33 East Broadway, Meridian, ldaho 83642
hereinafter referred to as the "City",
WITNESSETH:
WHEREAS, the District owns the irrigation ditch or lateral known as the HUNTER LATERAL, an
integral part of the irrigation and drainage works and system of the District, together with the easement
therefor to convey irrigation and drainage water, to operate, clean, maintain, and repair the Hunter Lateral,
and to access the Hunter Lateral for those purposes; and,
WHEREAS, the District operates, cleans, maintains, repairs and protects the Hunter Lateral for the
benefit of District's landowners; and,
WHEREAS, the City owns the real property/right-of--way, particularly described in the deed and/or
"Legal Description" attached hereto as Exhibit A and by this reference made a part hereof; and,
WHEREAS, the Hunter Lateral crosses and intersects the City's real property described in Exhibit
A as shown on Exhibit B, attached hereto and by this reference made a part hereof; and,
WHEREAS, the City desires permission to pipe a portion of the Hunter Lateral and construct and
maintain communication and power lines and a domestic water main within the District's easement for the
Hunter Lateral under the terms and conditions of this Agreement, within the City of Meridian, Ada County,
Idaho; and
NOW, THEREFORE, for and inconsideration of the premises and of the covenants, agreements and
conditions hereinafter set forth, the parties agree as follows:
A. Scope of Agreement
1. The City shall have the right to pipe a portion of the Hunter Lateral in 36 inch Class Ill RCP
pipe and to construct and maintain communication and power lines, at two separate locations, and one
domestic water main across and within the District's easement for the Hunter Lateral in the manner described
in the "Purpose of Agreement" attached hereto as Exhibit C and by this reference made a part hereof.
AGREEMENT -Page 1
2. Any crossing, encroachment upon or modification of the Hunter 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 or drawings referenced in or attached to Exhibit
D shall be resolved in favor of Exhibit C. The City shall only be permitted to cross, encroach upon or modify
the Hunter Lateral and/or the District's easement as described in Exhibit C even if any plans or drawings
referenced or attached to Exhibit D provide or show otherwise. Each 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 Hunter 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 easements, nor
perform any construction or activity within the District's easement for the Hunter Lateral except as referred
to in this Agreement without the prior written consent of the District.
4. The City recognizes and 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
rights affecting fee title must be acquired by the City from the holder oftitle to the property. Should the City
fail to obtain such rights from the holder oftitle to the property or should the rights obtained prove legally
ineffectual, the City shall indemnify, hold harmless, and defend the District from any claim 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 easements) 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 easements 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 or drainage water in the
Hunter 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 easements;
e. an interference with the District's use of its easements to access, operate, clean,
maintain, and repair the Hunter Lateral;
f. any other damage to the District's easements and irrigation or drainage works.
4. The City agrees to indemnify, hold harmless, and defend the District from all claims for
damages arising out of any of the City's construction or activity which constitutes or causes any of the
AGREEMENT -Page 2
circumstances enumerated in the preceding paragraph, 3.a. through 3.f., or any other damage to the easements
and irrigation works which may be 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 easements which interferes with the District's operation and maintenance of the Hunter Lateral,
or causes or contributes to any of the circumstances enumerated in the preceding paragraph, 3.a. through 3.f.
The District shall give reasonable notice to the City, and shall allow the City a reasonable period of time to
perform such maintenance, repair, and other work, except that in cases of emergency the 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 Hunter 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 performed shall be performed in manner
required by Idaho law, including but not limited to the use 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 costs which shall be reasonably expended by the District for such purposes. Nothing in this
paragraph shall create or support any claim of any kind by the City or any third party against the District for
failure to exercise the options stated in this paragraph, and the City shall indemnify, hold harmless and defend
the District from any claims made against the District arising out of or relating to the terms of this paragraph,
or arising solely out of the negligence or fault of the District.
D. District's Rights Are Paramount
1. The parties hereto understand and agree that the District has no right in any respect to impair
the uses and purposes of the irrigation or 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 Hunter 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 Hunter
Lateral for the transmission and delivery of irrigation water or transmission of drainage water.
3. The City agrees that the District shalt 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 maintenance
or repair of the Hunter Lateral.
4. [n the event of the failure, refusal or neglect of the City to comply with all of the terms and
conditions of this Agreement, the permission granted to the City under the terms hereof may be terminated
by the District, and any facility, structure, plant, or any other improvement in or over the ditch, and the right
of way therefor, which may unreasonably and materially interfere with the maintenance and operation of such
Hunter Lateral by the District with its equipment for the maintenance of the Hunter Lateral shall be promptly
removed by the upon demand of the District.
E. Applicable Law aad Jurisdiction Unaffected.
l . Neither the terms of this Agreement, the permission granted by the District to the City, the
City's activity which is the subject of this Agreement, nor the parties exercise of any rights or performance
AGREEMENT -Page 3
of any obligations of this Agreement, shall be construed or asserted to extend the application of any statute,
rule, regulation, directive or other requirement, or the jurisdiction of any federal, state, or other agency or
official to the District's ownership, operation, and maintenance of its ditches, drains, irrigation works and
facilities which did not apply to the District's operations and activities prior to and without execution of this
Agreement.
2. In the event the District is required to comply with any such requirements or is subject to the
jurisdiction of any such agency as a result of execution of this Agreement or the City's activity 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 jurisdiction and the City shall cease the activity and
remove the facility which subjects the District to such requirements.
F. Indemnification and Hold Harmless
1. In addition to all other indemnification provisions herein, City further agrees to indemnify,
hold harmless and defend the District-from any injury, damages, claim, lien, cost and/or expense (including
reasonable attorney's fees) incurred by, or asserted against, the District by reason of the negligent acts or
omissions of City or its agents, contractors or subcontractors in performing the construction and activities
authorized by this Agreement.
G. Fees and Costs
1. The City agrees to pay to the District fees and costs incurred by the District for work
necessary 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
provisions of this Agreement, whether by institution of suit or not the prevailing party in case suit is
instituted, shall be entitled to reimbursement for its costs and reasonable attorney fees from the other party.
H. Miscellaneous
1. No Claims Crested. Nothing in this Agreement shall create or support a claim of estoppel,
waiver, prescription or adverse possession by the City or any third party against the District.
2. Assienment. Neither this Agreement nor any agreement entered pursuant to this Agreement
may be assigned or transferred without the prior written approval of the Parties, which 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. This 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 jurisdiction to
be invalid or otherwise unenforceable, all remaining provisions of this Agreement shat l remain in full force
and effect. The parties represent and warrant to each other that they each have authority to enter this
Agreement. The catchlines or section headings herein set forth are provided only for the convenience of the
parties in locating various provisions of this Agreement, and are not intended to be aids in interpretation of
AGREEMENT -Page 4
any provision of this Agreement with respect to which the parties might disagree at some future time, and
shall not be considered in any way in interpreting or construing any provision of the Agreement.
5. Binding Effect. The covenants, conditions and agreements herein contained shall constitute
covenants to run with, and running with, the easement(s) of the City described herein, and shall be binding
on each of the parties hereto and on all parties and all persons claiming under them or either of them, and the
advantages hereof shall inure to the benefit of each of the parties hereto and their respective successors and
assigns.
6. Notices. 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
5525 East Greenhurst 33 E. Broadway
Nampa, ID 83686 Meridian, Idaho 83642
Notices shall be deemed to have been delivered upon hand deposit in the United States mail as
provided above.
7. Counterparts. This Agreement may be executed and delivered in counterparts, each ofwhich
shall be deemed to be an original and all of which shalt constitute one and the same instrument.
IN WITNESS WHEREOF, the District has hereunto caused its name to 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.
NAMPA & MERIDIAN IRRIGATION DISTRICT
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Its President
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ATTEST:
Its Secretary... ___ __
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AGREEMENT -Page 5
ATTEST:
is Ci erk
STATE OF IDAHO )
ss:
County of Canyon )
On this (~ day of ~tt,z~,~e 2013, before me, the undersigned, a Notary Public in
and for said State, personally appeared Graham Paterson and Daren Coon, known to me to be the President
and Secretary, respectively, ofNAMPA & MERIDIAN IRRIGATION DISTRICT, the irrigation district 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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County of Ada ) s~su~euu~s~~
On this ~ ~ day of ~j,u?~
in and for said state, personally appeared ~ ~
to me to be the.,- _ .. and (`..; ~-+~_.C,U
that executed the forego' g instrument, and ac~~ikno le-d@
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Notary Public for Idaho
Residing at" ~~+~-~P , . -, Idaho
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2013, before me, the undersigned, a notary public
Ar-cl and , .~a..~cec.- ~.IO I w~-~ ..known
.6~- ofthe CITY OF MERIDIAN, the entity
to me that such entity 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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AGREEMENT -Page 6
The Grantees herein have read and approved the following:./ ~~~ Jr'Z`t'00
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T:ile`R;1o1V.--. TOOJ7dbl....X.i,V..
• ~ ~ CORPORATE WARRANTY DEED
FOR VALUE DECEIVED,
Ho'weli-Murdoch Development Corporation, an Idaho Corporation
a
a corporation organized and existing under the laws of the State of Idaho, with its principal office at
1087 W. River St. li250, Boise ID 83702 of County of Ada ,State of Idaho,
GRANTOR(s), does(do) hereby GRANT, BARGAIN, SELL and CONVEY unto
City of Meridian
GRANTEES(s), whose current address is: 33 E. Idaho Avenue ,Meridian 1D 83642
the following described real property in Ada County, State of Idaho,
more particulazly described as follows, to wit:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF.
' RECORDED-REOUES~ OF
.1DA CUUTITY~ECURDI;R
J. DAYID !d ARRO 00
E::al~E.1D~1E,o FEE~DEPUTY~~~~~
2000MY24 PM 4t 55 ~ 00040205
TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee(s), and Grantee(s)
heirs and assigns forever. And the said Grantor(s) does(do) hereby wvenant to and with the said Grantee(s), that
Grantor(s) is/are the owner(s) in fee simple of said premises; that said premises are free from all encumbrances,
EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the
Grantee(s); and subject to reservations, restrlaions, dedications, easements, rights of way and agreements,(if any)
of record, aad general taxes and assessments, (including ~lr;igation and utility assessments, if any) for the current
'. year, which are not yet due and payable, and that Grantors}will warrant and defend the same from alt lawful
claims whatsoever.
The officers who sign this deed hereby certify that this deed and the transfer represented thereby was duly
authorized under a resolution duly adopted by the board of directors of the Grantor at a lawful meeting duly
held and attended by a quorum.
In witness whereof, the Grantor has caused its corporate name to be hereunto affixed by its duly authorized
officers this 23rd day of May , in the Yeaz of 2000.
Howell-Murdoch Devel. ~o
B _- 4 ,
__. _ ~ President
Attes[: _
Secretary
STATE OF lyl~ah~o ,County of Ada , ss.
On, this ,22r~ d$y of May..... in tha year, of
2000, before me, the undersigned, a Notary Public in and
int eoiel C~OYs ne..•nnall., ennnees,! Vn.,in 1-Inu.nll
Exhibit A, page 1
EXHIBIT "A"
A parcel of land located in the North 1/2 of the southeast i/4 of the
Northeast 1/4 of Section 18, Township 3 North, Raaga 1 East, of the
eoiee Meridian, Ada Couaty, 2daho, more particularly described as
follows:
Commencing at the Northeast corner of said Section 18, said corner being
common to Sections 7,8,17 and 18 of said Township and Range; thence
south 0031'15" West a distance of 1,991.18 feet along the 8asterly line
of the Northeast 1/4 of said Section 18 to a point on the Southerly lice
of the North 1/2 of the Southeast 1/4 of the Northeast i/9 of said
section 18; thence
South 89°36'01" West 316.37 feet along said southerly line to the TRIIE
POINT OF BS~INNINa; thence
south 89°36'01" West a distance of 1,009.82 feet along said Southerly
line to the southwest corner of the North 1/2 of the Southeast 1/4 of
the Northeast 1/4 of said section 18; thence
North OD°29'35" East a distance of 931.91 feet along the Westerly line
of said Narth i/2 of the Southeast 1/a of the Northeast i/4 of said
Section 18; thence leaving said Westerly line,
North 89°39'40" Heat a distance of 1,010.01 feet; thence
South 00°31'15" West a distance of a30.e9 feet and parallel with the
8asterly line of the North 1/2 of the Southeast i/4 of the Northeast 1/4
of said Section 18 to the POINT OF HEOINNING, said point being on the
Southerly line of the North 1/2 of the Southeast 1/a of the Northeast
1/4 of said Section 18.
Exhibit A, page 2
ADA CUUNTY RECORDER
J. DAVID I~~~VARRO
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CORPORATE QUITCLAIM DEED
~ECORpED' REQUEST' 0~
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GRANTOR: Howell-Murdoch Development Corp,
GRANTEE: City of Meridian
GRANTEE'S ADDRESS: 33 East Idaho Av., Meridian, Idaho 83642
For good and valuable consideration the receipt of which is hereby
acknowledged Grantor does hereby convey, release, remise and forever
quitclaim unto Grantee that real property, together with appurtenances thereto
located in Ada County, State of Idaho legally described as follows: Lot $ of
Block 2 of the Murdoch Subdivision No. 2 as shown on the official plat thereof
in Book 83 of Plats at page 9158, Ada County, Idaho.
DATED This 8 day of February, 2002.
Howell-Murdoch D velopmen Corp.
By.
eon A. Howell, Presid nt
STATE OF IDAHO, )
ss.
COUNTY OF Ada )
On this 8th day of February, 2002, before me, a notary public in and for
said State, personally appeared Kevin A. Howell, known or identified to me (on
the basis of satisfactory evidence), to be the President of the corporation that
executed the instrument or the person who executed the instrument on behalf
of said corporation, and acknowledged to me that such corporation executed
the same.
IN WITNESS ~ _ ave hereunto se ` my hand and affix' my
official seal, the d _: t certificate first above writte .
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Exhibit A, page 3
EXHIBIT B
._
Crossing Location
See Exhibit D-1 attached hereto.
EXHIBIT C
Purpose of Agreement
The purpose of this Agreement is to permit the City to:
1. pipe approximately 330 linear feet fo the Hunter Lateral in 3b inch Class III RCP pipe;
2 construct, operate and maintain a domestic water main across and under the Hunter Latera]
and within the District's easement for the Hunter Lateral; and
4, construct, operate and maintain communication and power lines, at two separate locations,
across and under the Hunter Lateral and within the District's easement for the Hunter
Lateral,
all within the City's real property, Meridian Police Department Public Safety Training Center, located
southwest of the intersection of Locust Grove Road and E. Watertower Street in Meridian, Ada County,
Idaho.
EXHIBIT D
Special Conditions
a. The construction described in Exhibit C shall be in performed in accordance with Exhibit
D-t, attached hereto and by this reference incorporated herein. The domestic water main and communication
and power lines shall all be located a minimum of three feet below the pipe for the Hunter Lateral. The City
anticipates constructing a parking area and fence enclosures within the District's easement on the City
property in the future and wilt submit plans/drawings and seek the District's written consent when the City
is ready to do so.
b. The City shall notify the District prior to and immediately after construction so that the
District or the District's engineer's may inspect and approve the construction.
c. The pipe, installation, and backfill shall, at a minimum, meet the requirements of the District
and standard specifications for such materials and construction, as set forth in the Idaho standards for public
works construction or other standards recognized by the city or county in which the pipe is to be placed.
d. The City shall be responsible for operation, maintenance and repairs associated with the
City's piping ortiling ofthe Hunter Lateral, including rehabilitation or replacement ofthe pipe for the Hunter
and the District's easement for a period of three years from the date of this Agreement. Repairs shall include,
but not be limited to, all repairs necessary to preserve the structural integrity and unobstructed flow of water
through the Hunter Lateral, prevent the loss of water from the Hunter Lateral and the repair of any cracks,
breaks or leaks to the Hunter Lateral. If the City shall fail in any respect to properly operate, maintain and
repair such portion of the Hunter Lateral, then the District, at its option, and without impairing or in anyway
affecting its other rights and remedies hereunder, shall have the right to perform the necessary maintenance
and repairs and the City agrees to pay to the District, on demand, the cost or expense which shall be
reasonably expended or incurred by the District for such purposes. The District shall give reasonable notice
to the City prior to the District's performing such maintenance, repair or other work except that in cases of
AGREEMENT -Page 7
emergency the District shall attempt to give such notice as reasonable under the circumstances. Nothing in
this paragraph shall create or support any claim of any kind by City or any third party against the District for
failure to exercise the options stated in this paragraph, and City shall indemnify, hold harmless and defend
the District from any claims made against the District arising out of or relating to the terms ofthis paragraph
except for claims arising solely out of the negligence or fault of the District.
e. The City represents that City has complied with all federal, state or other taws, 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. 13y 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.
f. The City hereby indemnifies, holds harmless and shall defend the District from any and all
penalties, sanctions, directives, claims or any action taken or requirement imposed by any party or entity,
public or private, with respect to environmental matters relating to the subject matter, terms or performance
ofthis agreement unless the District shall be solely responsible for the condition or activity which gives rise
to any such penalty, sanction, directive, claim ,action or requirement.
g. In the event the District is required by any governmental authority to acquire or comply with
any permit or other operational requirements associated with the City's activity which is the subject ofthis
agreement, the City shall indemnify, hold harmless and defend the District from all costs and liabilities
associated with such permit and other requirements, including but not limited to all costs associated with alt
permit acquisition, construction, monitoring, treatment, administrative, filing and other requirements.
h. 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.
i. Construction authorized by this Agreement shall be completed prior to March 15, 2014..
Time is of the essence.
AGREEMENT -Page 8
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