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PZ - 10-3-17 Agreement for extension - 1035 E Fairview signedRECORDING REQUESTED BYAND WHEN RECORDED RETURN TO. City Clerk City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 ADA COUNTY RECORDER Christopher D. Rich 2017-095482 BOISE IDAHO Pgs=8 LISA BATT 10/10/2017 08:10 AM CITY OF MERIDIAN, IDAHO NO FEE AGREEMENT FOR EXTENSION OF DOMESTIC SEWER SERVICE OUTSIDE MERIDIAN CITY LIMITS: 1035 E. Fairview Avenue This AGREEMENT FOR EXTENSION OF DOMESTIC SEWER SERVICE OUTSIDE MERIDIAN CITY LIMITS ("Agreement") is made this 3rd day of October , 2017 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho (hereinafter "City"), and Alturas Properties, LLC, formerly lulown as Hansen Properties, LLC, an Idaho limited liability company whose mailing address is 435 E. Shore Dr., Suite 210, Eagle, Idaho 83616 (hereinafter "User") collectively, "Parties"), WHEREAS, User is the owner of parcel number S 1107120677, located at 1035 E. Fairview Avenue, Meridian, Idaho Ada County, Idaho, as depicted in Exhibit hereto (hereinafter "Subject Property"), which real property is located outside of Meridian City limits; WHEREAS, the Subject Property is already connected to the City water system, and User requests to connect the Sul?ject Property to the City sewer system; WHEREAS, City is authorized by Idaho Code section 50-332 to operate and maintain a domestic sewer system, and the City does exercise such authority, including by the adoption and enforcement of Title 9, Chapter 4, Meridian City Code; WHEREAS, User intends to submit a development application to Ada County for a drive-fluwough restaurant (the "Anticipated Use"); WHEREAS, pursuant to the terms of this Agreement, the User understands that upon completion of necessary approvals associated with the Anticipated Use, the User will be required to file development applications and apply for annexation and a zoning designation consistent with the City of Meridian Comprehensive Plan then in effect within sixty (60) days of the execution of this Agreement, unless otherwise extended as provided herein; J 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, and in consideration of the recitals above, which are incorporated herein, the Parties agree as follows: I. COMMITMENTS BY CITY, A. Provision of Services. At all times relevant hereunder, City shall provide sewer and water services to the Subject Property, subject to the terms and conditions of this Agreement and any and all applicable laws and City ordinances. AGREEMENT FOR E;XTr3NST©N OF SEWER SERVICE OUTSIDE MERIDIAN CITY LIMITS - 1035 E. FAIRVIEW AVE PAGL I OF 7 B. Billing. City shall bill User monthly for sewer and water usage according to tile metering, accounting, and billing systern in place under Meridian City Code and the policies and practices of the City ref Meridian. C. Recordation. City shall record this Agreement, and shall submit proof Of Such recording to User, If. COMM ITM E NTS 13Y USER. A. Payment for City services. User shall be responsible Por fulfilling its obligation to pay to City any and all costs related to sewer infrastructure construction, materials, and connection, including, but not limited to, hookup, assessment, motor installation, and inspection fees. Upon connection to the City's sewer system, User shall pay to City all applicable fees and costs for sewer and water services provided, including, but not limited to, use fees, as such are calculated and billed by City as set forth herein and established by law or City ordinance, The exclusive rernedy for disputes, objections, or appeals regarding such fees and charges shall be appealed to the Board of Adjustment under the procedure set forth in Meridian City Code. Notwithstanding any other provision of this Agreeinent, this provision shall be binding upon User and upon any and all successors in interest of User and/or to the Subject Property, B. No ci-oss-connection. User shall abide by and comply with any and all applicable provisions of law, which shall specifically include, but shall not be limited to, conipliance with Chapter 3, Title 9, Meridian City Code and/or any and all similar ordinances subsequently adopted, which prohibit the installation and/or maintenance of a cross -connection to the City's water system. This provision shall be binding upon User and upon any (and all successors in interest of User and/or to the Subject Property. C. Annexation and clevelol)i)ieiit,,Apl)licatloji. Within sixty (60) clays of execution of this Agreement, User shall, at User's sole expense, submit Annexation and Certificate of Zoning Compliance applications for the Subject Property into the City of Meridian (the "Applications"). User's Applications shall be a complete submittal of all City required documents, exhibits, and fees that are in effect at the (irne of application. Such Applications shall propose zoning designations consistent with the Future Land Use Map designation of the City's Comprehensive Plan. The foregoing sixty (60) day limitation shall be extended upon a request in writing and a showing of good cause by User. "G'ood cause" for purposes of this Section shall include delay not within the control of User in connection with User's submission for all applicable Ada County approvals associated with User's application for the Anticipated Use. City acknowledges that development of the Subject Propertyin general accordance with the site plan attached hereto as Exhibit Bshall be acceptable. D. Puture development agreement. User acknowledges that, pursuant to Idaho Code section 67- 6511A and the Meridian Unified Development Code ("UDC"), as part of the annexation process, User be required to enter into a development agreement concerning the use or development of the Subject, Property. Such development agreement will include requirements that the use of the Subject Property comply with all provisions of the UDC and Meridian City Code, including those provisions related to land use, specific use standards, landscaping, access, parking, and other conditions as may be appropriate and necessary to carry out the policies or the comprehensive plan, regulate the uses of property and structures within the City of Meridian, and protect, and promote public health, safety, and general welfare. AOREMINT FOR EXT61NISION OF SI IUGR SERVICE OUTSIDV MERIDIAN CATV' LIMITS- 1035 F. VAIRVIEN AVII MOP 2 OF7 F. Acknowledgement of Non -Conforming Use. The City acknowledges that, as of the Effective Date or this Agreement, an electronic outdoor advertising sign is installed on the Subject Property, and is a permitted use undercurrent Ada C01111ty ordinances. 'Upon the Subject Property's annexation into the City of Meridian, such sign shall become a nonconforming sign. Such nonconforming sign may remain on the Subject Property subject to the provisions for nonconforming signs as set failli in Meridian City Code section I I-113-6, as such section exists on the date of this Agreement, a copy ofwhich is attached hereto as Kxhibil A, The parties agree and acknowledge that repair or replacement of LI digital faces on the outdoor advertising sign (toes not constitute replaceirient or removal of the outdoor advertising sign or sign structure as described in Section I I -I B-6 as set forth in Rvhibit A. F. Consent, to entry. User shall, and hereby (toes, provide perpetual consent and access to the City to enter the Subject Property for the purpose of inspecting any and all sewer and/or water pipes, connections, and related infrastructure. Except as to routine meter readings or in the event Oran inuninent or realized threat to the public health, safety, or welfare, City shall provide User at least twenty-four(24) hours prior notice of such entry; such notice riiay be verbal or written and may be posted at the Subject Property, 111. GENERAL PROVISIONS, A. Default. Any failure to perform the terms and conditions of this Agreemen(, or any portion thereof, shall be a default hereunder. In the event of a default, the non -defaulting party mayserve a written Notice of Default upon the defaulting party by (lie method set forth herein. Except in case or an imminent or realized threat to (lie public health, safety, or welfare, the defaulting party shall have thi-ity (30) days following delivery of such notice to cure or correct the default before the non -defaulting party may seek any remedy as provided liercin. Notwithstanding any other provision of this Agreement, this provisioii shall be binding upon the Parties and upon any and 111 successors in interest thereof, B. Enforcement. This Agreement shall be enforceable in any court of competent jurisdiction by either City or User, or any respective successor(s) in interest thereof. An action at law or in equity, as appropriate, shall lie to secure specific performance of any covenant, agreement, condition, commitment, and/or obligation set forth herein. hi addition, remedies available to City shall include, but shall not be limited to, tcrniinatioii of sewer and/or water service to User, to ,my successor(s) in interest, and/or to any sewer or water user located on the Subject Property. C. Notices. Any notice desired by the Parties or required by this Agreenicut shall be deemed delivered after deposit in (lie United States Mail, postage prepaid, addressed as follows: City: City of Meridian Attn: Public Works Department Director 33 E. Broadway Ave. Meridian, Idaho 83642 User: Alturas Properties, LLC 435 R Shore Dr., Suite 210 Eagle, Idaho 83616 Either Party may change its address for the purpose of this section by delivering to the other Party written notification of such change, establishing a new address for noticing purposes, in accordance with the requirements of this section. AGREEMENT FOR NXTENSION OF SHMER SERVICE OUTSIDF', M13,1001AN CITY Llmrrs— wis ii. F'AIRVIM AVE MOO' 3 Ole 7 U. Time is of the essence. The Parties acknowledge and agree that time is strictly of the essence with respect to each and every term, condition, and provision hereof*, and that the failure to timely perl'orm any of the obligations hereunder shall constitute a breach and default hereunder by the Party so failing to perform. E. Binding upon successors. Except as other wise provided herein, this Agreement shall be binding upon any and all owners of the Subject Property, any And all subsequent owners thereof, and each and every other person acquiring an interest in the Subject Property. Nothing herein shall, or shall be construed to, in any way prevent the sale or alienation of the Subject Property, or any portion thereof, except that any sale or alienation shall occur subject to the provisions of this Agreement, and any successive owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed, F. Severability. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such provision shall be deemed to be excised herefrorn and the invalidity thereof shall not affect any other provision or provisions contained herein. G, Attorney fees. Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing part), shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney fees as determined by such court. This provision shall be deemed to be a separate contract between the Parties and shall survive, inter glia,,, any default, termination, or forfeiture of this Agreement. H. Final Agreement, This Agreement sets forth all promises, inducements, agreements, conditions, and understandings between City and User relative to [lie subject matter hereof, and there are no promises, agreements, conditions, or understandings, either oral or written, express or implied, between City and User, other than as are stated herein. Except as othwivise, specifically provided herein, no subsequent alteration, amendment, change, of addition to this Agreement shall be binding upon the Parties unless set -forth in writing and duly executed by both Parties or their successors in interest. 1. Non -waiver. ;Failure of either Party to promptly enforce the strict performance of any term of this Agreement shall not constitute a waiver or relilIqUiS11111011t of any Party's right to thereafter enforce such term, and any right or remedy hereunder may be asserted at any time after either party becomes entitled to the benefit thereof, notwithstanding delay in enforcement. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to tile exclusion of any other remedy. J. Compliance 8vith laws. Throughout the course of this Agreerrient, the Parties shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. This Agreement shall be governed by and construed and enforced in accordance with the law.,; of the State of Idaho, and the ordinances of the City of"Meridian. The City's ordinances appertaining to the regulation, control, and use of its sewer and water systems, and any prospective amendments to and/or recodifications thereof, are specifically and without limitation incorporated into this Agreement as if set forth fully herein, K. Advice of attorney. Each party warrants and represents that in executing this Agreement, it has received independent legal advice Frorn its attorney or the opportunity to seek such advice, AOREENWNTFOR EXTENSION OFSEWER SPRVICE OM'SIDEWRIDIANCYn' LIMITS- 1035 P",FAIRNrIEW AVE PAGF4 01, 7 L, AppmvAl, Require& Thig Ageoment sholt-noubocome Wective orbinding:,unfil approved by -the City* Coumil of tho City -of-'Mertdfati IN WITNE 88' WHERE Or) the parties hereto have exec-uted this Agrepmotit-on-thjq 3rd 'day of October 2017, USER: ALT[ MS MaPHIMES, LLC an Idaho linfited liability company 131,,jk614,,mseu, Managor 0IMP AWV to v-0 Of. CITY OF MUMI.DIA9.111 STATE Oil IDAHO Qounty of, jv-1e.." I HERT113-Y CMMY-ttiot on thio & Vh a.NotorjPub1(o in theSiAtle off.dAlloi personally appoamd Blako4fangon,provon to nits to bq Nvho executed flie.said Ins.frument, iind ookiiot rkdgod tonic (fiat lid exomitod 0100111o, INWITNI138S WT48RV,*(3.F, I- have heretuito.set ,iiy htitid and, affixed my Ruldill 9-M. - m4,i ar\ —, Idaho AIy CoMmission Expires, 23 1_..11_ 1:3`Y Attest,. Wead, MayorTatar * ( * 8TATI-81 00D -A -f County or Ada I MB)3Y CERTIFY lbat.o.h this —S!A day of 0d")b —,. 2017 Owego&, botop the under4ped,pors-nally appoared TAKKY- de-ft 1t13 [Ind WAY -COU0, known or identified to. 1110 to be the Mayor raid.City Aj2 lork, rqspcotivel, . -*th.e - , f I I. . ny, of dity, o Morldltq who oxecuted the instrume t yp the.City -and acknow . ledged to n1e.-tNt the C1(yonWialfof. t . Meridian, of of&loridian exe0ted the sarne. 13OFil-havolie iito,,,,etiii-yfiand.atid.iliffixetltiiyINW11MISSWRERroil official seal the day -and year Pu?N Jv Nomy.Publi ' d 10 Residillig.4( 0 " MyC'O*liitillaslati-Eiliifes.;., U... A0104PNIENT . FOIL EX . MN$10N Or SHWER Sr,01CP OUTMIDMFAT6JMq C11*JAM1T-q- (035 M. *VA-TKV*1BW AVV, I IT A MERIDIAN CITY CODE SECTION I I -I 3-6 I -1-1A-1: DEYINiTIONS. Nonconforming Sign: A sigh, sigh structure, or use of a sign lawfully existing prior to January 1, 2010, but that does hent now conform to the dimensional and/or locational standards for the district in which it is located, 11 -IB -6: NONCONFORMING SIGN: A. Except as set forth in subsection B of this section, a nonconforming sign shall lose its nonconforming status and may become an illegal sign if any of the rollowing occur: 1. The sigh and/or sign structure is moved. 2. The sigh and/or sign structure is replaced and/or removed for any period of time. 3. There is a change in, cessation of, and/or abandonment of the use of the property, or any portion thereof, on which the sigh and/or sign structure is located. 4. There are alterations or enlargements to the site or building on the property inexcess of twenty five percent, (25%) or more of the existing site or building. The amount of alterations and/or enlargements shall be Cumulative over time. 5. The sign and/or sign structure is damaged to the extent of more than lefty percent (50%) of its replacement value. B. Any nonconforming sign that is subject to ilne Idaho Code section 40-1910A related to the removal of off premises outdoor advertising along state highways shall lose its nonconforming status and may become an illegal sigh if any of the following occur: 1. The sign and/or sign struehrrc is nnoved. 2. The sign structure is replaced and/or removed for tiny period of time. C. Where a (nonconforming sign becomes an illegal sign, the owner of the property on which the illegal sign is located shall: I. Rennove the sign Within sixty (60) days; 2. Bring the sign into full compliance with this title NAthi n sixty (60) days, or 3. Submit a complete application for conditional use approval within thirty (30) days and subsequently gain approval reinstating the nonconfornning status of the sign. If the conditional use is not approved, the oNvner of the property on which the sign is located shall remove the sign withii7 thirty (30) days. AGREEMENT FM EXTENSION OI, fiI:1VVIZ SGRVICII oU"rSIDF3 N41'ltll)IAN L'iT`Y LiR4ITS - 1033 rs, VAIRVIENNI AVL rAGL G 010 EXHIBIT B PROVISIONALLY APPROVED SITE PLAN AGREEMENT FOR EXTENSION OF SEWER SERVICE OUTSIDE MERIDIAN CITY LIMITS - 1035 E. FAIRVIEW AVE PAGE 7 OF 7 PROPERTY UNES aa 7 , ! AL URAS i aadaboraive ilR § 08 r/ E aa 7 , ! AL URAS i aadaboraive