Cost Share - 2025 - Cost Share For Maintenance Of Service Ditch - 1/14/2025COST SHARE AGREEMENT FOR MAINTENANCE OF
SERVICE DITCH
THIS COST SHARE AGREEMENT FOR MAINTENANCE OF SERVICE DITCH
("Agreement") is made and entered into this _ day of � ah v o� t t 2025, by and between
the City of Eagle, Idaho, an Idaho municipal corporation ("Cit�") and Valynn Village
Homeowners' Association, Inc. an Idaho non-profit company ("HOA"), and Bill Cohen, an
individual ("Cohen"). 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 2025 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
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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 Cohen
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 Cohen 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 Cohen 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 Cohan agree that each will pay their respective share if the cost of
maintenance increases during the 2025 irrigation season
5. Pavment. HOA and Cohan shall pay to City the Reimbursement Amount on or
before May 1, 2025.
6. Term. The Term of this Agreement is effective only for the 2025 irrigation season
and shall terminate when New Dry Creek Ditch Company ceases delivering water to the Service
Ditch or November 1, 2025 whichever occurs first.
7. No Agency. HOA and Cohen 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 Cohen 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 Cohen or their employees, agents, third -party contractors,
officers, servants, guests and/or invitees arising out of City's performance under this Agreement.
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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:
Citv of Eagle
Attn: Eric Ziegenfuss
Email: eziegenfuss@cityofeagle.org
Phone: (208) 939-2669
Bill Cohen
Phone: (619) 678-3963
Valvnn Village HOA
Attn: David Hatch
Email: dhatchl6931@gmail.com
Phone: (720) 384-6613
10. Assignment. This Agreement may not be assigned or delegated by either party
without prior written consent of the other party.
11. Attornev'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
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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.
�•�.una.�,� By:
Brake, Mayor •.••�� OF E.1 '••, Print Name:+-
,� � •. •.1E+ its:
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ATT T: *' _2CS E A L
?OR AZ�� �t�0 •�.•
OF
Tracy Os n, 1 y Clerk �''�•.��„��.��•'•
BILL COHEN
By:
Y
Bill Cohen, Individually
Cost Share Agreement for Maintenance of Service Ditch
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EXHIBIT A
(Cost Share Percentage)
Percentage Amount Due
Valynn Village HOA 47% $1,175
City
47% $1,175
Bill Cohen 6% $150
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