HomeMy WebLinkAboutReimbursement Agreement with Joseph and Catherine Germundson for 816 NW 2nd StreetM
REIMBURSEMENT AGREEMENT
FOR CONNECTION TO SEWER SERVICE: 816 NW 2nd STREET
This REIMBURSEMENT AGREEMENT FOR CONNECTION TO SEWER SERVICE is
made this 5�'day of_, 2016, 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 Joseph and Catherine Germundson, individuals, whose address is 816
NW 2nd Street, Meridian, Idaho (hereinafter "Customers") (collectively, "Parties").
WHEREAS, Customers are the owners of parcel number R9323750150, located at is 816 NW
2nd Street, Meridian, Idaho, in Ada County, Idaho (hereinafter "Subject Property");
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; and
WHEREAS, the City of Meridian is installing a new sewer line adjacent to the Subject
Property and abandoning the existing sewer line; and
WHEREAS, to improve efficiency and long-term viability of sewer service to the subject
property and eliminate use of aging and improperly routed infrastructure, both Parties desire that
Customers connect the building at Subject Property to the new sewer line; and
WHEREAS, Customers have obtained three (3) bids for the connection of the building at
Subject Property to the new sewer line, and the lowest bid for such work was All Star Plumbing &
Restoration;
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. SEWER STUB. City shall install a stub from the City sewer system to Subject Property in order to
facilitate connection of the building to the City sewer line along Meridian Road.
B. CITY SEWER HOOKUP.
1. CUSTOMERS TO HIRE CONTRACTOR. By 5:00 p.m. on September 1, 2016, Customers shall hire
All Star Plumbing & Restoration (4511 N. Glenwood Street, Boise, Idaho) to, in accordance
with the regulations of the Building Services Division of the City of Meridian Community
Development Department, the City of Meridian Public Works Department, and any and all
other applicable rules or laws, complete the work enumerated on the bid attached hereto as
Exhibit A.
REIMBURSEMENT AGREEMENT FOR CONNECTION OF SEWER SERVICE
816 NW 2ND STREET
PAGE 1 OF 6
2. CITY TO REIMBURSE CUSTOMERS. Within fourteen (14) days of receipt of invoice from
Customers and W-9 form completed and signed by Customers, provided that such work is
completed and City has received such W-9 and invoice by 5:00 p.m. on September 30, 2016,
City shall reimburse Customers for the amount invoiced, not to exceed eight thousand four
hundred and ninety-five dollars ($8,495.00), which payment shall constitute City's total
remuneration for all costs related to this Agreement.
3. BUILDING PERMITS. Customers specifically agree that they will obtain, or ensure that All Star
Plumbing & Restoration obtains, all necessary permits from the Building Services Division of
the City of Meridian Community Development Department prior to initiating work under this
agreement. Any fees applicable to required permits shall apply.
C. PROVISION OF SEWER SERVICES. At all times relevant hereunder, City shall provide sewer services
to the Subject Property, subject to the terms and conditions of this Agreement and any and all
applicable laws and City ordinances. City shall bill Customers monthly for sewer usage according
to the metering, accounting, and billing system in place under Meridian City Code and the policies
and practices of the City of Meridian.
D. TAXES. As reimbursement payments made pursuant to this Agreement do not constitute income to
Customers, City will not issue IRS Form 1099 to Customers.
II. COMMITMENTS BY CUSTOMERS.
A. PAYMENT FOR CITY SERVICES. Upon connection to the City's sewer system, Customers shall pay
to City all applicable fees and costs for 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.
B. OPERATION AND MAINTENANCE. Upon connection to the City's sewer system, Customers 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 sewer line and the building served by the City sewer
system.
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
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 (30) 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
REIMBURSEMENT AGREEMENT FOR CONNECTION OF SEWER SERVICE
816 NW 2ND STREET PAGE 2 OF 6
interest thereof.
C. 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:
If to Ci : If to Customers:
City of Meridian Public Works Department Joseph and Catherin Germundson
Director 816 NW 2nd Street
33 E. Broadway Ave.
Meridian, Idaho 83642
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.
D. BINDING UPON SUCCESSORS. Except as otherwise specifically 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.
E. SEVERABILITY. If any provision of this Agreement is held invalid by a 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, ` ` this
Agreement, the prevailing party shall be entitled, in addition to any other a , R �,�"'may a wiled,
to court costs and reasonable attorney fees as determined by such court. TIi'ovision shall be
deemed to be a separate contract between the Parties and shall survive, in' r blia, any d �� a
termination, or forfeiture of this Agreement. :• ,;�j,;�C�'
G. FINAL AGREEMENT. This Agreement sets forth all promises, inducements, agreeh'1conditions,
and understandings between City and Customers relative to the subject matter hereof, and there are
no promises, agreements, conditions, or understandings, either oral or written, express or implied,
between City and Customers, other than as are stated herein. Except as otherwise specifically
provided 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 perfo . •term of this
Agreement shall not constitute a waiver or relinquishment of any Party's # a enforce
such term, and any right or remedy hereunder may be asserted at any tip'axty
becomes entitled to the benefit thereof, notwithstanding delay in enforc,�rZt. All rig hts,an
remedies herein enumerated shall be cumulative and none shall excluda'other rig a se:nedy
allowed by law. Likewise, the exercise of any remedy provided for her4xil o11(,w Div shall
not be to the exclusion of any other remedy. •.# �At1i �.•
•s*•00•
REIMBURSEMENT AGREEMENT FOR CONNECTION OF SEWER SERVICE
816 NW 2ND STREET PAGE 3 OF 6
I. COMPLIANCE WITH LAWS. Throughout the course of this Agreement, 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 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 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.
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 _ day
of May, 2016.
CUSTOMERS:
I " 5151 X a
•to-
Germundson
Catherine Germundson
+0•rr--
STATE OF IDAHO )
) ss:
County of ADA_) Cam`.
I HEREBY CERTIFY that on this _LS day of --t j ZO 1 h ,
before the undersigned, a Notary Public in the State o daho,
personally appeared JOSEPH GERMUNDSON, proven to me to be
the person who executed the said instrument, and acknowledged to me
that she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
my offic'al seal, the day and year in this certificate first above written.
=g "4.L"
-
Notary Public for Idaho
Residing at , Idaho
My Commission Expires: Jr D I Q
STATE OF IDAHO
) ss:
County of AbAw)
I HEREBY CERTIFY that on this % day of _
before the undersigned, a Notary Public in the State daho,
personally appeared CATHERINE GERMUNDSON, proven to me to
be the person who executed the said instrument, and acknowledged to
me that she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
my official seal, the day and year in this certificate first above written.
(2 ,,&
Notary Public for Idaho
REIMBURSEMENT AGREEMENT FOR CONNECTION OF SEWER SERVICE
816 NW 2ND STREET PAGE 4 OF 6
q
CITY OF MERIDIAN:
Residing at � 's A C,` , Idaho
My Commission Expires: / oZ0
L17-
Attest
Jacy
�QO�pTED AUCUsJ,
City of
IAN�
I DAHO
�F SEAL
YTFN 6,P�
REIMBURSEMENT AGREEMENT FOR CONNECTION OF SEWER SERVICE
816 NW 2ND STREET
PAGE 5 OF 6
,
EXHIBIT A
QUOTE FROM ALL STAR PLUMBING & RESTORATION
4511 N Glenwood St
Boise, Idaho 83704
208-377.0123 - Office
Joe Germundson
5/27/16
The following bid Is for the plumbing work performed at 816 W 2nd St, the Germundson
residence. This bid Includes al,' labor, materials, excavation, comets, and permit. The following
scope of work will be performed my All Star Plumbing.& Restoration:
- Digline to locate all utilities.
- Remove cast Iron drainage stack in basement. Cap off drain stack at floor. Cap off floor drain
and remove washing machine drain.
- Install new 4" ABS pipe and fittings in place of old cast Iron drainage. Install new 02 wye for
washer drain.
- Install new 2" ABS washing machine drain, 2" ABS p-trap, 2" standpipe, and new 11/2" ABS
vent. Run new vent outside and exposed to the roof.
- Core drill basement wall and run new 4" drain to outside.
- Jackhammer back concrete patio. Remove concrete and haul away.
- Excavate from house past concrete area approximately W Install two 45 degree fittings and
sweep sewer line to the north headed to the long dirt driveway. Excavate trench to the driveway.
Remove section of concrete sidewalk at old pool area. At driveway Install two new 45 degree
fittings and sweep sewer line to the west headed to the new city tap. Excavate trench to new city
tap. Install all new 4" ABS pipe and fittings. Install new cieanouts as per code.
- Test and inspect new plumbing.
- Backfill and cleanup.
- Repour concrete patio at back of house.
Total: $8,495.00
This bid Is based upon the existing ground conditions. Any unforeseen obstacles that may alter or
hinder excavation will result In an additional cost at the owner's notification. Any additional work
performed outside of this scope of work will be at an additional cost at the owner's notification. If
the existing ground is not suitable for proper bedding of the sewer pipe titan extra will be charged
at the owner's notification to haul in proper bedding materials and remove the existing materiels.
REIMBURSEMENT AGREEMENT FOR CONNECTION OF SEWER SERVICE
816 NW 2ND STREET
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