HomeMy WebLinkAboutAgreement for Connection to Public Sewer System - 1407 W. Carlton St with Jean SheppAGREEMENT FOR CONNECTION TO PUBLIC SEWER SYSTEM:
1407 W. CARLTON STREET
This AGREEMENT FOR CONNECTION TO PUBLIC SEWER SYSTEM: 1407 W.
CARLTON STREET is made this _qday of May, 2015, 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 Jean Shepp, whose address is 1407 W.
Carlton Street, Meridian, Idaho (hereinafter "User") (collectively, "Parties").
WHEREAS, User is the owner of parcel number R7052110195, located at 1407 W. Carlton
Street, Meridian, Idaho, in Ada County, Idaho (hereinafter "Property");
WHEREAS, the residence at Property is connected to the public water system, but is not
connected to the public sewer system, and instead remains connected to a private septic system;
WHEREAS, the 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, the Parties wish to connect the residence at Property to the City sewer system and
disconnect the septic system from the residence;
WHEREAS, though the septic system at Property is still in working order, the City Council of
the City of Meridian finds that it is in the best interest of the public health and safety to connect the
residence at Property to the City sewer system and disconnect the septic system from the residence as
soon as practicable, and is willing to pay for costs related to such connection up to an amount of four
thousand seven hundred dollars ($4,700.00); and
WHEREAS, due to a clerical error, User has paid City for sewer services in the stipulated
amount of one thousand three hundred and fourteen dollars and eighty-eight cents ($1,314.88), and
Parties agree that it is in both Parties' best interest to apply such amount to the cost of connecting the
residence at Property to the City sewer system and disconnecting the septic system from the residence;
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. SCOPE OF AGREEMENT.
A. SEPTIC SYSTEM DISCONNECT; CITY SEWER HOOKUP.
1. USER TO HIRE CONTRACTOR. A stub from the City sewer system to the properly line has been
previously installed adjacent to the Property. User shall hire a licensed contractor of User's
choice to, by 5:00 p.m. on Monday, June 15, 2015, complete the following:
a. Disconnect and abandon the septic system at the Property; and
b. Connect the residence at the Subject Property to the City sewer system.
AGREEMENT FOR CONNECTION TO PUBLIC SEWER SYSTEM PAGE I OF 4
2. CITY TO PAY CONTRACTOR. Within thirty (30) days of receipt of invoice and completed W-9
form from the contractor for the services enumerated herein, provided that such work is
completed by 5:00 p.m. on Monday, June 15, 2015, City shall pay the contractor for the amount
invoiced, not to exceed four thousand seven hundred dollars, ($4,700.00), which payment shall
constitute City's total remuneration for all costs related to these -enumerated services. User .
shall be responsible for any cost or payment due in excess of this amount.
3. PERMITS. User shall ensure that the selected contractor obtains all necessary permits from the
Building Services Division of the City of Meridian Community Development Department prior
to excavation and/or installation of plumbing. Fees applicable to required permits shall apply.
4. WAIVER OF SEWER ASSESSMENT. City shall waive the applicable sewer assessment fee related
to the connection of the existing residence at the.Property to. City services.
B. RELEASE. In consideration of City's waiver of sewer assessment fees and payment of the
contractor engaged by User as described herein, User hereby releases City from liability for any and
all rights, causes of action, claims, lawsuits, damages of any nature, both known and unknown,
both now and in the future, that have or may have arisen, that will arise and/or that are related in
any way to the connection of the residence at Property to the City sewer system including, without
limitation, any claim to overpayment for City sewer services or payment for services not received.
This Agreement discharges City from any and all claims and lawsuits whatsoever that User has
brought, could have brought, or could bring against City in the future. User fully understands and
agrees that this Agreement is a full, final and complete release and discharge of any and all claims
of any nature which User may have against City.
C. PAYMENT FOR CITY SERVICES. Upon connection to the City sewer system, User shall pay to City
all applicable fees and costs for sewer, water, and garbage 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 policy or ordinance. The exclusive remedy for any disputes, objections, or appeals
regarding such fees and costs shall be with the Board of Adjustment under the procedures set forth
in Meridian City Code.
D. OPERATION ANIS MAINTENANCE. Upon connection to the City's sewer system, User shall be
solely responsible for any and all costs related to operation and maintenance of all portions and
functions of the sewer system between the City sewer main and the residence served by the City
sewer main.
III. GENERAL PROVISIONS.
A. 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 of this Agreement, and that the failure
to timely perform any of the obligations hereunder shall constitute a breach and default hereunder
by the Party so failing to perform.
B. DEFAULT. Any failure to perform the terms and conditions of this Agreement, or any portion
thereof, shall be a default hereunder. In the event of a default, the non -defaulting party may serve a
AGREEMENT FOR CONNECTION TO PUBLIC SEWER SYSTEM PAGE 2 OF 4
written Notice of Default upon the defaulting party by the method set forth herein. Except in case
of an imminent or, realized threat to the public health, safety, or welfare, the defaulting party shall
have thirty (3 0) days following delivery of such notice to cure or correct the default before the non -
defaulting party may seek any remedy as provided herein. Notwithstanding any other provision of
this Agreement, this provision shall be binding upon the Parties and upon any and all successors in
interest thereof.
C. INDEMNIFICATION. User shall, and hereby does, indemnify, save, and hold harmless the City and
any and all of its employees, agents, volunteers, and/or elected officials from any and all losses,
claims, and judgments for damages or injury to persons or property, and from any and all losses and
expenses caused or incurred by User, its agents, employees, guests, and/or business invitees, in
connection with this Agreement or activities related thereto. User acknowledges that acceptance of
the offer described in this Agreement presents risks, some of which are unknown, and do agree to
assume all such known or unknown risks. Except as to rights held under the terms of this
Agreement, User shall, and hereby does, waive any and all claims and recourse against City,
including the right of contribution for loss and damage to persons or property arising from, growing
out of, or in any way connected with or incident the performance of this Agreement, whether such
loss or damage may be attributable to known or unknown conditions, except for liability arising out
of concurrent or sole negligence of City or its officers, agents, or employees.
D. NOTICES. Any notice desired by the Parties or required by this Agreement shall be deemed
delivered after deposit in the United States Mail, postage prepaid, addressed as follows:
City: Office of the City Clerk
City of Meridian
33 E. Broadway Ave.
Meridian, Idaho 83642
User: Jean Shepp
1407 W. Carlton Street
Meridian, ID 83642
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.
E. SEVERABILITY. If any provision of this Agreement is held invalid by court of competent
jurisdiction, such provision shall be deemed to be excised herefrom and the invalidity thereof shall
not affect any other provision or provisions contained herein.
F. ATTORNEY FEES. Should any litigation be commenced between the parties hereto concerning this
Agreement, the prevailing party 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 alia, any default,
termination, or forfeiture of this Agreement.
G. FINAL AGREEMENT. This Agreementsets forth all promises, inducements, agreements, conditions,
and understandings between City and Users relative to the subject matter hereof, and there are no
promises, agreements, conditions, or understandings, either oralorwritten, express or implied,
between City and Users, other than as are stated herein. Except as otherwise specifically provided
AGREEMENT FOR CONNECTION TO PUBLIC SEWER SYSTEM PAGE 3 OF 4
herein, no subsequent alteration, amendment, change, or 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.
H. NON -WAIVER. Failure of either Party to promptly enforce the strict performance of any term of this
Agreement shall not constitute a waiver or relinquishment 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 the exclusion of any other remedy.
I. COMPLIANCE WITH LAws. Throughout the course of this Agreement, the Parties shall comply
with all applicable laws, ordinances, codes, standards and permitting requirements of Federal,
State, and local governments, including, but not limited to, the City of Meridian, Idaho Department
of Environmental Quality, Idaho Department of Water Resources, and Central District Health
Department. This Agreement shall be governed by and construed and enforced in accordance with
the laws 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 system, and any prospective
amendments to and/or recodifications thereof, are specifically and without limitation incorporated
into this Agreement as if set forth fully herein.
J. ADVICE OF ATTORNEY. Each party warrants and represents that in executing this Agreement, it has
received independent legal and financial advice from its attorney and/or financial advisor, or has
had adequate opportunity to seek such advice.
K. APPROVAL REQUIRED: This Agreement shall not become effective or binding until approved by
the City Council of the City of Meridian.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this //cam.
day of May, 2015.
T-an�tlty- e-Weerd, Mayor
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(.4Af�tA.0-L �6u,
Cityof
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AGREEMENT FOR CONNECTION TO PUBLIC SEWER SYSTEM
Holman,
Clerk
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