HomeMy Public PortalAbout2018.09.27 Maverick Towers Road Maintenance Agreemnt - 416774Instrument # 416774
VALLEY COUNTY, CASCADE, IDAHO
1o4 2eis 111:I8:52 AM No, of Pages: 5
Recorded for : CITY OF MCCALL
DOUGLAS A. MILLER Fee: 0.00
Ex-Offcio Recorder Deputy
Index to: AGREEMENT
ROAD MAINTENANCE AGREEMENT
THIS ROAD MAINTENANCE AGREEMENT ("Agreement") is made and entered
into by and between the CITY OF McCALL, IDAHO, hereinafter "City," and MAVERICK
TOWERS LLC, a Nevada limited liability company, its successors and assigns, hereinafter
"Developer."
Recitals
WHEREAS, Developer contemplates constructing a cell phone tower on real property
belonging to Aspen Ridge Homeowners' Association, Inc., and Herald Stanger Nokes and
Donna Jo Nokes, Trustees of the 2005 Nokes Family Revocable Trust dated August 3, 2005
and Donna Jo Nokes, life tenant, more particularly shown on Exhibit A attached hereto (the
"property"); and
WHEREAS, the cell tower will be located on the property near an existing City -
owned water reservoir/tank; and
WHEREAS, the waterline that runs from the water reservoir/tank to the City's water
system is overlaid by a private, City -maintained road (the "road"); and
WHEREAS, as part of the construction and operation of the cell tower, Developer
will be utilizing the road for access by construction equipment and ongoing maintenance
activities; and
WHEREAS, the City and the Developer will share the use of the road; and
WHEREAS, City and Developer desire to enter into this Agreement concerning their
mutual rights and obligations for maintenance and repair of the road.
Agreement
NOW, THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which hereby is acknowledged, City and Developer agree as follows:
1. Regular, Annual Maintenance of Road: Developer agrees to perform regular,
annual maintenance on the existing road and the improved road at Developer's own expense,
using Developer's materials, equipment and labor.
ROAD MAINTENANCE AGREEMENT - I
2. Improvements to Road: Improvements to the road made by Developer will be
at the Developer's sole cost and expense.
3. Damage to Improved Road: City will establish, through video or other means
as determined by the City, a baseline condition of the existing road prior to the start of any
construction by Developer to improve the road. City will then monitor the condition of the
improved road, on at least an annual basis, to assess its condition and determine if any
damage has occurred to the improved road as a result of use by the City or from construction
activity or the use of the improved road by service providers to the cell tower. In the event
such damage has occurred as a result of construction activity or use by cell tower service
providers, Developer will repair any such damage at Developer's sole cost and expense. If
continued damage and repair by Developer occurs to the road that jeopardizes its use by the
City, then a complete and additional improvement to the improved road will be required to
be completed by Developer at Developer's sole cost and expense, subject to the City's
review and approval of construction plans. In the event damage has occurred to the
improved road through the City's use or through the City's maintenance or repair of the
waterline, the City will repair such damage at City's own expense using City's equipment
and labor.
4. Maintenance. Repair of Waterline: The City shall perform all maintenance
and repair of the waterline, using City's equipment and labor. In the event that road
maintenance or repair occurs as a result of damage by the Developer, its employees,
contractors, representatives, agents, or consultants, and such maintenance requires
maintenance or repair of the waterline, the Developer shall reimburse the City for the costs of
maintenance or repair of the waterline.
5. Deterioration of the Road: If the improved road deteriorates and needs major
rehabilitation, or if any of Developer's repairs to the improved road as described in
paragraph 3, above, deteriorate and need major rehabilitation, City and Developer agree to
share the cost therefor based on relative usage of the road at the proportion of 90%
Developer and 10% City, using Developer's equipment and labor. Labor and materials
estimate shall be mutually approved by Developer and City prior to performing any work,
and shall be invoiced at actual cost in the proportions stated herein.
6. Recitals: The above recitals are contractual and binding and are incorporated
herein as if set forth in full.
7. Continual Use: This Agreement shall continue uninterrupted until it is
terminated by the mutual agreement of the parties.
8. Insurance: Each party shall maintain a policy of liability insurance, including
bodily injury, death and property damage liability insurance or other risk management
program, to protect against any and all claims, including all legal liability to the extent
insurable and imposed and all court costs and attorneys' fees and expenses, arising out of or
ROAD MAINTENANCE AGREEMENT - 2
connected with the possession, use, leasing, operation, maintenance or condition of the road,
in such amounts as are generally available at commercially reasonable premiums. Coverage
shall be for not less than $500,000.00 single limit.
9. Renegotiation: The terms of this Agreement are subject to renegotiation based
on substantive changes that might occur to the improved road, such as the City constructing a
new water reservoir/tank or waterline, or if Developer should construct additional cell towers
or facilities that would necessarily require additional use of the road.
10. Situs: This Agreement shall be construed under the laws of the State of
Idaho. This Agreement shall inure to and bind the respective heirs, legal representatives,
successors and assigns of the parties.
11. Remedies: The parties, their heirs, successors and assigns shall have all
rights and remedies provided at law or in equity to enforce their rights hereunder. In the
event of any action or proceeding by either party hereto against the other, in any way arising
out of this Agreement, or attempting to enforce any right herein granted, the losing party
shall pay the prevailing party's reasonable attorney fees and costs.
12. Entire Agreement: The parties agree that this Agreement constitutes the
entire agreement between the parties hereto.
13. Severability: In the event any of the provisions of this Agreement shall be
deemed illegal or unenforceable, such determination shall not operate to invalidate any of the
remaining provisions of this Agreement.
14. Headings: The underlined paragraph headings are for convenience only and
are not a part of this Agreement and shall not be used in interpreting or construing this
Agreement.
15. Binding Effect: The provisions and stipulations of this Agreement shall inure
to and bind the assigns and successors in interest of the parties hereto.
16. Entity Authority: Each individual executing this Agreement on behalf of an
entity represents and warrants that he or she is duly authorized to execute and deliver this
Agreement on behalf of said entity in accordance with duly adopted organizational
documents or agreements and if appropriate a resolution of the entity, and that this
Agreement is binding upon said entity in accordance with its terms.
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement as
of the day and year first above written.
ROAD MAINTENANCE AGREEMENT - 3
(SEAL)
STATE OF
Dated:
Dated: y-M / F
STATE OF IDAHO )
) ss.
County of Valley )
CITY: CITY OF McCALL, IDAHO
Attest:
By: City Cler
DEVELOPER: MAVERICK TOWERS LLC
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On this 2-1 day of Sepi-c tv0Dpi{ , in the year of 20 15, before me
S‘" 17.i t p,✓ personally appeared etc line 1. E and
Ad. 11dcx- ,,/, the Mayor and City Clerk, respectively, of CITY OF
McCALL, IDAHO, Tcnown or identified to me to be the persons whose names are subscribed
to the within instrument, and *lir r; :• to me that they executed the same on behalf of
the City of McCall, Idaho, � Are•a 0+ '• . to do s
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On this day of Q pfek-ia-e-L, , in the year of 20 t i , before me
P-.,wl1,69$7,- (,. geit,tka.4ersonally appeared ANDY COCKELL, the 6AC(44.14-54,,Nvwke,iv-iotA-
of MAVERICK TOWERS LLC, known or identified to me to be the person wh se name is
subscribed to the within instrument, and acknowledged to me that he executed the same on
behalf of Maverick Towers LLC and was authorized to do so.
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RHONDA L. SEMANCIK
NOTARY PUBLIC
STATE OF IDAHO
Notary Public for T-iet -ic 6-E 4+ 4u-1/Q
My Commission Expires: 3 / 11 0 is a P-
ja\WAWork\M\McCall, City of 21684\Road Maintenance Agreement with cell tower developer\Road Maintenance Agreement.rev8.docx
ROAD MAINTENANCE AGREEMENT - 4
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*FOX
LAND SURVEYS
1515 S. SHOSHONE ST.
BOISE, ID 83705
208.342.7957
www.foxlandsurveys.com
MT061 HEAVEN'S GATE
ACCESS EASEMENT DESCRIPTION
A strip of land 20 feet -wide, within the Southwest Quarter of the Northwest Quarter and the Northwest
Quarter of the Southwest Quarter of Section 11, Township 18 North, Range 3 East, Boise Meridian, Valley
County, Idaho, being a portion of Grantor's parcel (granted under QUITCLAIM DEED Instrument No.
308412) lying 10 feet left and right of the center line, and coincident with a City Easement Recorded as
Instrument No. 296460, and more particularly described as follows:
COMMENCING at the Quarter Corner common to Sections 10 and 11, thence southerly along the line
common to Sections 10 and 11, South 00°05'59" West, 36.92 feet to centerline of the City Easement
Recorded as Instrument No. 296460, and the POINT OF BEGINNING;
Thence being coincident with said City Easement centerline the following three (3) courses:
1) North 30°31'41" East, 256.61 feet;
2) North 54°10'05" East, 229.20 feet;
3) North 44°22'34" East, 678.13 feet;
thence leaving the centerline of the existing easement, North 15°58'15" East, 96.86 feet;
thence North 43°30'04" East, 165.97 feet;
thence parallel to and 10-feet Easterly of the Lease Site, North 00°00'00" East, 63.87 feet to the POINT
OF TERMINUS.
The sidelines of said strip are to be lengthened or shortened to form a closed figure.
Containing 29,813 square feet or 0.684 Acres, more or less.
This description was prepared prior to the field survey and is subject to revisions.
END OF DESCRIPTION
Prepared by:
Ronald M. Hodge, PLS
Senior Project Manager
RMH:csl
MT061 Heaven's Gate Access 6 Utility Easement.docx
EXHIBIT r�
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