Loading...
Cost Share - 2023 - Cost Share Agmt For Maintenance Of New Dry Creek Service Ditch (W State Street) - 5/23/2023 COST SHARE AGREEMENT FOR MAINTENANCE OF SERVICE DITCH THIS COST SHARE AGREEMENT FOR MAINTENANCE OF SERVICE DITCH ("Agreement") is made and entered into this 01,13—day of IEM 2023, by and between the City of Eagle, Idaho, an Idaho municipal corporation ( City") and Valynn Village Homeowners' Association, Inc. an Idaho non-profit company ("HOA"), and Bill Cowen, an individual ("Cowen"). City, HOA and Cohen are collectively referred to herein as the "Parties." RECITALS WHEREAS, the Parties each own shares of water by the New Dry Creek Ditch Company. WHEREAS, delivery of water to each Party originates from a canal owned and operated by New Dry Creek Ditch Company which is diverted onto a Service Ditch that is approximately 1,732 feet long extending from New Dry Creek Ditch Company's canal to a Distribution Box. From the Distribution Box the water is thereafter diverted toward each Parties' respective properties. A map showing the location of the Service Ditch is attached hereto as Exhibit B. WHEREAS the Service Ditch requires periodic maintenance including the removal of debris and leaves to allow the free flow of water. Moreover, throughout the irrigation season the Service Ditch needs to be continuously monitored for accumulating debris to avoid flooding at the culvert leading to the Distribution Box. WHEREAS, it is estimated that it will cost approximately $2,500 to maintain the Service Ditch during the 2023 irrigation season. WHEREAS the Parties desire to enter into an agreement whereby each party will each pay a percentage of all costs associated with the cost to maintain the Service Ditch based on the percentage of stock owned by each Party. AGREEMENT NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained,the parties agree as follows: 1. Incorporation of Recitals: The above Recitals are a material part of this Agreement and are incorporated into this Agreement by reference as though they were fully set forth herein. 2. Maintenance of Service Ditch By City. City shall use its personnel to perform maintenance as needed to ensure proper water delivery down the Service Ditch. Nothing in this Cost Share Agreement for Maintenance of Service Ditch Page 1 of 6 Agreement shall obligate the City to undertake major repairs,construction or reconstruction of the Service Ditch. 3. Maintenance Responsibility from Distribution Box. City, HOA and Cowen acknowledge that this Agreement only pertains to the shared cost of maintenance of the Service Ditch and terminates at the Distribution Box. Further, City, HOA and Cowen acknowledges that it is each Parties' individual responsibility to pay for the maintenance and repair of all water delivery systems from the Distribution Box to each Parties' respective property. 4. Reimbursement. HOA and Cowen agree to reimburse City the sum of money identified in Exhibit A based on each Parties' proportionate share of water usage (the "Reimbursement Amount"). It is estimated that the cost to maintain the Service Ditch will cost $2,500. However, HOA and Cowan agree that each will pay their respective share if the cost of maintenance increases during the 2023 irrigation season 5. Payment. HOA and Cowan shall pay to City the Reimbursement Amount on or before May 1, 2023. 6. Term. The Term of this Agreement is effective only for the 2023 irrigation season and shall terminate when New Dry Creek Ditch Company ceases delivering water to the Service Ditch or November 1, 2023 whichever occurs first. 7. No Azency. HOA and Cowen shall have no authority, express or implied, to act on behalf of the City in any capacity whatsoever as an agent or to bind the City to any obligation whatsoever. 8. Indemnification, Insurance and Waiver. HOA and Cowen on behalf of themselves and on behalf of their employees, agents, third-party contractors, officers, servants, guests and/or invitees shall,and hereby do, indemnify, save and hold harmless,release and forever discharge the City of Eagle, its officers, agents, employees and volunteers from and for any and all losses, claims, actions,judgments for damages, or injury to persons or property and losses and expenses caused or incurred by HOA or Cowen or their employees,agents,third-party contractors, officers, servants, guests and/or invitees arising out of City's performance under this Agreement. 9. Notice. Communication between the Parties shall occur via e-mail or telephone. to the following telephone number and/or email address below which may be updated by the Parties from time to time: Cost Share Agreement for Maintenance of Service Ditch Page 2 of 6 City of Eagle Valynn Village HOA Attn: Eric Ziegenfuss Attn: David Hatch Email: eziegenfuss@cityofeagle.org Email: dhatch16931@gmail.com Phone: (208) 939-6813 Phone: (720) 384-6613 Bill Cohen Phone: (619) 678-3963 10. Assignment. This Agreement may not be assigned or delegated by either party without prior written consent of the other party. 11. Attorney's Fees. The prevailing party in any claims or disputes arising out of this Agreement shall be entitled to recover reasonable attorney's fees in addition to other relief which a court of competent jurisdiction may award. 12. Governing Law. This Agreement will be construed in accordance with the laws of the State of Idaho. The Parties submit to the jurisdiction of Idaho courts and agree that proper venue for any suit concerning this Agreement shall be in the Fourth Judicial District of the State of Idaho, in and for Ada County. 13. Entire Agreement. This Agreement constitutes the entire agreement between the Parties relative to the subject matter hereof. Statements or representations of any kind not embodied herein shall be of no force or effect. This Agreement may only be modified in writing by the Parties. 14. Heirs and Assigns. This Agreement and the terms and conditions hereof shall apply to and are binding upon the heirs,executors,administrators and assigns of the Parties hereto. 15. Severability. If any provision of this Agreement, or the application of such provision to any person or circumstance, shall be held invalid, the remainder of this Agreement, or the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby. 16. Approval. The Parties each acknowledge that this Agreement,even though agreed upon by the City's representatives, is not binding upon the City until such time as the Eagle City Council approves this Agreement and authorizes the Mayor to execute this Agreement on behalf of the City. Cost Share Agreement for Maintenance of Service Ditch Page 3 of 6 IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the date first above written. CITY OF EAGLE: VALYNN VILLAGE HOMEOWNERS' ASSOCIATION, INC. Jason ie ce, Mayor Print Name: �F&Vild k. 1414 r e ll Its: -rc% V .b A EST: Tracy Os rn, City Cler$c�Q: ,� 'yp'_ 3c -:��J•.� �a�`��- BILL COHEN By: Bill Cowan, Individually Cost Share Agreement for Maintenance of Service Ditch Page 4 of 6 EXHIBIT A (Cost Share Percentage) Percentage Amount Due Valynn Village HOA 47%, $1,175 City 47% $1,175 Bill Cohen 6% $150 Cost Share Agreement for Maintenance of Service Ditch Page 5 of 6 EXHIBIT B (Map) 41 f t .14, s4r7IT r r-- , J / ' 'Y y. a- Ilk 6F 3 a'70 ' i t Cost Share Agreement for Maintenance of Service Ditch Page 6 of 6 CITY OF EAGLE 660 E. Civic Lane PO BOX 1520 EAGLE ID 83616 (208) 939-6813 Receipt No: 20 . 030440 Jun 1, 2023 Cohen 1992 Revocable Trust Previous Balance: . 00 MISCELLANEOUS Cost Share Agreement For 150 . 00 Ditch Maint. 2023 - Cohen Portion --------------- Total: 150 . 00 --------------- --------------- CHECK Check No: 6855 150 . 00 Payor: Cohen 1992 Revocable Trust Total Applied: 150 . 00 --------------- Change Tendered: . 00 --------------- --------------- 06/01/2023 2 :44 PM CITY OF EAGLE 660 E . Civic Lane PO BOX 1520 EAGLE ID 83616 (208) 939-6813 Receipt No: 20 . 030439 Jun 1, 2023 Valynn Village HOA Previous Balance: . 00 MISCELLANEOUS Cost Share PMT for Maint 1, 175 . 00 Agreement 2023 Approved by CC on 5/23 -------- ------- Total : 1, 175 . 00 --------------- --------------- CHECK Check No: 256 1, 175 . 00 Payor: Valynn Village HOA Total Applied: 1, 175 . 00 --------------- Change Tendered: . 00 06/01/2023 12 : 43 PM 17N9 �o