HomeMy WebLinkAboutExtension of Domestic Water Service Outside Meridian City Limits with West Ada School District for Mary McPherson Elementary School at 1050 E Amity RoadRECORDING REQUESTED BYAND
WHEN RECORDED RETURN TO:
CityClerk
City of Meridian
33 E. Broadway Avenue
Meridian, ID 83642
ADA COUNTY RECORDER Christopher D. Rich 2016-079050
BOISE IDAHO Pgs=6 LISA BATT 08/25/2016 10:06 AM
CITY OF MERIDIAN, IDAHO $25.00
(Space Above For Recorder's Use)
AGREEMENT FOR EXTENSION OF DOMESTIC WATER SERVICE
OUTSIDE MERIDIAN CITY LIMITS: 1050 E. AMITY ROAD
This AGREEMENT FOR EXTENS12N OF DOMESTIC WATER SERVICE OUTSIDE
MERIDIAN CITY LIMITS is made this 23 day of 4yAWtT , 2016 ("Effective Date"), by
and between the City of Meridian, a municipal corporation organized under the laws of the State of
Idaho, ("City"), and Joint School District No. 2, doing business as West Ada School District, an Idaho
school district and body politic and corporate of the State of Idaho ("District") (collectively, "Parties").
WHEREAS, District is the owner of parcel number S113438500, located at 1050 East Amity
Road, Ada County, Idaho, as described in Exhibit hereto (hereinafter "Subject Property"), which real
property is located outside of Meridian City limits;
WHEREAS, the City is authorized by Idaho Code section 50-323 to, inter alfa, develop,
operate, and maintain a domestic water supply, and the City does exercise such authority, including by
the adoption and enforcement of Title 9, Chapters 1 and 4, Meridian City Code; and
WHEREAS, as part of the Amity Road and Meridian Road Waterline Extension project, the
City will construct a water main along the south side of the Subject Property, and District wishes to
connect to such water main;
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 DISTRICT.
A. Connection to water. District shall connect Subject Property to the City water system. District
shall be responsible for any and all costs related to such connection, including permitting,
construction, and materials, and for all water connection fees including, but not limited to,
hookup, assessment, meter installation, and inspection fees.
AGREEMENT WITH DISTRICT FOR EXTENSION OF DOMESTIC WATER
SERVICE OUTSIDE MERIDIAN CITY LIMITS PAGE 1 OF 6
B. Connection to sewer. Upon the occurrence of a Triggering Event District or District's
successor shall connect Subject Property to the City sewer system. District shall be responsible
for any and all costs related to such connection, including permitting, construction, and
materials, and for all sewer connection fees including, but not limited to, hookup, assessment,
and inspection fees.
C. Payment for City services. District shall pay City all applicable fees and costs for water
services provided, as such are calculated and billed by City as set forth herein and established
by law or City ordinance according to the metering, accounting, and billing systems and
practices established under Meridian City Code and/or the policies of the City of Meridian. The
exclusive remedy for disputes, objections, or appeals regarding such fees and charges shall be
hearing before the Board of Adjustment under the procedures set forth in Meridian City Code.
D. No cross -connection. District shall abide by and comply with any and all applicable provisions
of law, which shall specifically include, but shall not be limited to, compliance with Title 9,
Chapter 3, 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.
E. Triggering Event.
1. Definition. "Triggering Event," as such term is used herein, shall mean any of the
following:
a. Annexation of the Subject Property into the City of Meridian.
b. Sale or lease of the Subject Property or any portion thereof or appurtenance thereupon to
any person or entity other than the District.
c. Redevelopment or subdivision of the Subject Property by any person or entity.
d. Failure, abandonment, replacement and/or removal of the private septic system on
Subject Property or any portion thereof, excepting maintenance and repairs.
e. Any verifiable, substantial increase in demand upon City water services to or upon the
Subject Property.
2. Effect. Until the occurrence of any Triggering Event, District may continue to maintain and
use the existing private septic system at the Subject Property without penalty therefor, so
long as all such maintenance and use is undertaken in full compliance with all applicable
laws. Upon the occurrence of any Triggering Event, District or their successor(s) in interest
shall connect the Subject Property any and all occupiable buildings then located upon the
Subject Property to the City sewer system. Upon connection and provision of City sewer
service to the Subject Property, District and/or the successive landowner(s) shall disconnect
and discontinue the use of any and all private septic or sewer systems on the Subject
Property other than the City sewer system.
F. Consent to Annexation. District specifically agrees that, as a specific consideration of City's
willingness to enter into this Agreement, District shall, and hereby does, provide perpetual
consent to annexation of the Subject Property into the City of Meridian at such time the Subject
AGREEMENT WITH DISTRICT FOR EXTENSION OF DOMESTIC WATER
SERVICE OUTSIDE MERIDIAN CITY LIMITS PAGE 2 OF 6
Property becomes eligible for annexation. This provision shall comprise evidence of District's
consent to annexation and shall be binding upon all subsequent purchasers, heirs, or assigns of
the Subject Property. Notwithstanding any other provision of this Agreement, this provision
shall be binding upon the District and upon any and all successors in interest of the District
and/or to the Subject Property, and shall survive, inter alfa, the occurrence of any Triggering
Event and/or hookup to City water or sewer services.
II. COMMITMENTS BY CITY.
A. Stub and meter. City shall install a stub from the City water system to the Subject Property
B. Water services. At all times relevant hereunder, City shall provide water service to the Subject
Property, subject to the terms and conditions of this Agreement and any and all applicable laws
and City ordinances.
C. Billing. City shall bill District monthly for water services provided, as such are calculated and
billed by City as set forth herein and established by law or City ordinance according to the
metering, accounting, and billing systems and practices under Meridian City Code and/or the
policies of the City of Meridian. Upon the occurrence of any Triggering Event and the hookup
and provision of City sewer service to the Subject Property, City shall bill District, and/or or the
successive landowner(s) or successors in interest, monthly for both sewer and water usage, and
District or District's successors shall pay same. Notwithstanding any other provision of this
Agreement, this provision shall be binding upon the District and upon any and all successors in
interest of the District and/or to the Subject Property, and shall survive, inter alfa, the
occurrence of any Triggering Event and/or hookup to City services.
D. Recordation. City shall record this Agreement at City's cost, and shall submit proof of such
recording to District.
III. GENERAL PROVISIONS.
A. 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.
B. Enforcement. This Agreement shall be enforceable in Ada County courts by either City or
District, or any respective successor in interest thereof. Remedies available to City shall
include, but shall not be limited to, termination of sewer and/or water service to District 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 Agreement shall be deemed
delivered after deposit in the United States Mail, postage prepaid, addressed as follows:
AGREEMENT WITH DISTRICT FOR EXTENSION OF DOMESTIC WATER
SERVICE OUTSIDE MERIDIAN CITY LIMITS PAGE 3 OF 6
City: City of Meridian
Attn: Public Works Department Director
33 E. Broadway Ave.
Meridian, Idaho 83642
District: West Ada School District
Attn: Superintendent
1303 E. Central Drive
Meridian, Idaho 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. 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 a breach and default hereunder
timely perform any of the obligations hereunder shall constitute
by the Party so failing to perform.
E. 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
t the ale or alienation
including but
Subject Property, or any portion thereof, except that any sate
not limited to any Triggering Event, 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 exised herefrom 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 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 alfa, any
default, termination, or forfeiture of this Agreement and the occurrence of any Triggering Event
and/or hookup to City services.
H. Final Agreement. This Agreement sets forth all promises, inducements, agreements,
conditions, and understandings between City and District 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 District, other than as are stated 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.
AGREEMENT WITH DISTRICT FOR EXTENSION OF DOMESTIC WATER PAGE 4 OF 6
SERVICE OUTSIDE MERIDIAN CITY LIMITS
I. Non -waiver. Failure of eithef 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'shail 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 ether remedy.
J. 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.
K. Advice of attorney. Each party warrants and represents that in executing this Agreement, it
has received independent legal advice from its attorney or the opportunity to seek such advice.
L. 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 the Effective
Date first written above.
WEST ADA SCHOOL DISTRICT:
Dr. Mary An anells, Superintendent
STATE OF IDAHO )
ss:
County of 00a. )
I HEREBY CERTIFY that on this /L day of # , 2016 before the undersigned, a
Notary Public in the State of Idaho, personally appeare ary Ann Ranells, proven to me to be the
person who executed the said instrument who executed the instrument on behalf of West Ada School
District, and acknowledged to me that West Ada School District executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year
in this certific' e written.
Notary% L-0 A A J 11�4
Public for Idaho
11(� t�OTAjtk Residing at ! lenk?u ee _jjjfjq Idaho
' My Commission Expires:
L1�
AGREEMENT WIT� EXTENSION OF DOMESTIC WATER
SERVICE OUTSIDE MERIDIAN CITY LIMITS
PAGE 5 OF 6
CITY OF MERIDIAN:
l�
BY:
Tammy de Week(
STATE OF IDAHO
Mayor
Attest:
'o�QORATeogvcG �
s
llaycmL Hol tan, City C
C7(vuf �
0
E j1A
® Gam/
ss
County of Ada )
I HEREBY CERTIFY that on this Z✓ day of , 2016 before the undersigned, personally
appeared Tammy de Weerd and � , known or identified tome to be the Mayor and Clerk,
respectively, of the City of Meridian wtfo"e�cec " the instrument on behalf of the City of Meridian, and
acknowledged to me that the City of Meridian 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.
�•.•'� FI+..�• Notary Public for Idaho
Residing at _, Idaho
'SAR y My Commission x Tres:
AGREEMENT WITH DISTRICT FOR EXTENSION OF DOMESTIC WATER
SERVICE OUTSIDE MERIDIAN CITY LIMITS PAGE 6 OF 6