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PARTIES COOPERATIVE AGREEMENT AND RELEASE NH-STP-4114(062) MOSCOW COUPLET, SO. CONNECTION LATAH COUNTY KEY NO. 2483 THIS COOPERATIVE AGREEMENT AND RELEASE (NH-STP-4114(062), MOSCOW COUPLET, SO. CONNECTION, LATAH COUNTY, KEY NO. 2483) (hereinafter "AGREEMENT'') is made and entered into this 25-H.. day of lA. VIo , :/Dt;t.f , by and between the IDAHO TRANSPORTATION DEPARTMENT (hereinafter referred to as "STATE"); the CITY OF MOSCOW (hereinafter referred to as "CITY and MONTE LEE MARTSON and MARGARET ALICE MARTSON, HUSBAND AND WIFE, (hereinafter referred to as (MARTSON"). PURPOSE Subsequent to completion of construction of NH-STP-4114(062) MOSCOW COUPLET, SO. CONNECTION LATAH COUNTY KEY NO. 2483 (hereinafter referred to as "Project"), MARTSON expressed concerns and made certain claims regarding access to the Southside Mini Mart located adjacent to the US-95/SH-8 intersection. To address these concerns and resolve all current and future claims by MARTSON related to the Project, the Spotswood Street approach to SH-8 will be modified by the STATE with the concurrence of the CITY. This Agreement sets out the responsibilities and agreements of each party relating to the modifications (hereinafter referred to as "Modifications") as shown on Exhibit A to this Agreement. Authority for this Agreement is established by Section 40-317 of the Idaho Code. The Parties agree as follows: SECTION I. That the STATE will: I. Provide for the design and construction of the Modifications to the Spotswood Street approach to SH-8 as shown on Exhibit A. 2. Perform all related design and contract administration functions at no cost to CITY or MARTSON. 3. Provide a copy of the construction plans for the Modifications to CITY for review and approval. 4. Maintain complete accounts of all Modifications received and disbursed, which accounting will determine the final Modification costs. ROADWAY DESIGN REGISTER NO. Lj 0Sb 2004-27 ---PAGE BREAK--- 5. Upon completion of the Modifications, after all costs have been accumulated, provide a statement to CITY summarizing the estimated and actual costs, indicating an adjustment for or against CITY. Any excess funds transmitted by CITY and not required for the Modifications will be returned. 6. Indemnify, save harmless and defend regardless of outcome CITY from expenses of and against suits, actions, claims or losses of every kind, nature and description, including costs, expenses and attorney fees that may be incurred by reason of any act or omission, neglect or misconduct of STATE in the performance of the work under this Agreement. SECTION II. That CITY will: l. Review and approve the construction plans for Modifications to the Spotswood Street approach to SH-8 as shown on Exhibit A. 2. Upon execution of this Agreement, pay to STATE the amount of THREE THOUSAND DOLLARS ($3,000.00), estimated to be CITY's share (twenty percent of the cost for the construction work for Modifications to be performed under this Agreement. 3. Upon receipt of the statement referred to in Section I, Paragraph 5, indicating an adjustment in cost against CITY, remit to STATE a check or warrant in that amount. 4. Indemnify, save harmless and defend regardless of outcome STATE from expenses of and against suits, actions, claims or losses of every kind, nature and description, including costs, expenses and attorney fees that may be incurred by reason of any act or omission, neglect or misconduct of CITY in the performance of the work under this Agreement. SECTION III. That MARTSON agrees as follows: I. MARTSON, for themselves, and for and on behalf of their estate, heirs, executors, personal representatives, successors, and assigns, collectively referred to herein as "MARTSON", for and in consideration of the promises and undertakings of this Agreement, do hereby release, and forever discharge STATE and CITY from any and all claims, demands, rights, or causes of action of any kind or nature which MARTSON has ever had, may now have, or may hereafter have, whether known or unknown, foreseen or unforeseen, arising out of, or by reason of, or in any way connected with the construction of the Project and the Modifications by STATE and CITY. 2 ---PAGE BREAK--- 2. MARTSON hereby agrees that, in exchange for the covenants set forth in this Agreement, MARTSON shall withdraw or dismiss any outstanding tort claims, charges, lawsuits, causes of action, or other litigation against STATE and CITY filed, pending, or to be filed in the future, arising out of the construction and/or design of the Project and the Modifications. 3. MARTSON represents that, in giving this release, they have relied wholly on their own judgment and knowledge of the nature of any claims, the extent of any damages and the liability for those damages. MARTSON represents that they have not relied on any statement of STATE or CITY or any expert, agent, or attorney of STATE or CITY in electing to make this compromise and release. 4. MARTSON agrees that this release is made as part of a compromise settlement by the parties with each other and neither this release by MARTSON nor the covenants of STATE and CITY and shall be construed as an admission of liability by any party, the same being hereby denied. 5. MARTSON declares that no promises, inducements, nor agreements not stated in this agreement have been made to them, that this Agreement contains the entire Agreement between the parties, and that the terms of this Agreement and the release contained herein are contractual and not a mere recital. 6. MARTSON represents that they have had the opportunity to be represented and advised by competent legal counsel throughout their claims and in executing this Agreement. 7. MARTSON represents that they are the sole owner of the property served by the approach to be modified under the terms of this Agreement and the only party entitled to make the claims that are the subject of this Agreement, and that they have not assigned or otherwise transferred any part of this claim to third parties. 8. MARTSON represents that they have carefully read this Agreement, know the contents thereof, and have signed the Agreement of their own free act. SECTION IV. That MARTSON, STATE and CITY agree as follows: 1. MARTSON, STATE and CITY shall bear their own costs and attorney's fees associated with all claims or potential claims, that are the subject of this Agreement and release contained in this Agreement. 3 ---PAGE BREAK--- EXECUTION IN WITNESS WHEREOF, STATE, CITY, and MARTSON have executed this Agreement as of the date first above written. IDAHO TRANSPORTATION DEPARTMENT APPROVED BY: ATTEST: CITY OF MOSCOW (Seal) MARGARET ALICE MARTSON 4 ---PAGE BREAK--- . . ACKNOWLEDGMENT STATE OF IDAHO ) ) ss County of ) On this day of before me, a Notary Public in and for said State, appeared , known to me to be the person named above and acknowledged to me that he executed the foregoing document as an authorized representative of the Idaho Transportation Department (liD). STATE OF IDAHO County of M /aA:_ hm:2483 coop.doc ) ) ss ) Notary Public in and for the State ofldaho Residing at: My Commission Expires: ACKNOWLEDGMENT 5 ---PAGE BREAK--- " " v / / / __jiVISION$ I Ot<;KXf" ""OITC ;;:Lnm s:m:lz PINlS ONLY I . - . I· . . - VI , I O.'t.J /'"\lVI 1. }g R. 5 8.M. MOSCOW lnc:orp. Population i!\,:il9 1990 U.S, Census ? IDAHO TRANSPORTATION DEPARTMENT \ ;jg ' DISTRICT TWO DESIGN - BD'IJJ\J l;;lJ / X ;f*k PAOJ(C T NO. Exl-i;b;-t A / / / . / / ,c % SPOTSWOOD STREET MOSCOW " / · · , , ' L::J l, 23° }9'22' l t T:2.094 L: 4.!Z'l R: 10.000 71"40'23' Rt T: 4.333 L: 7.5/l!G R: &.000 6: 113°26-'IB"Rt T: 0,'314 L: 1.188 R: 0.600 III A: !43"33'32' IH T: 1.823 L: 1.503 R: 0.600 110°02'!1' IH T: 0.857 L: !.152 R: 0.&00 l: 2.388 L: 4. 751 R: 19.000 • 3'1 T: 4 L: 3.803 R: H'J.200 rv'>*