HomeMy WebLinkAboutAgreement for Connection of Water and Sewer - 940 S Mustang Lyle PowersADA COUNTY RECORDER Christopher D. Rich 2017-014105
BOISE IDAHO Pgs=12 BONNIE OBERBILLIG 02/15/2017 01:57 PM
CITY OF MERIDIAN, IDAHO NO FEE
RECORDING REQUESTED BYAND
WHEN RECORDED RETURN TO:
City Clerk
City of Meridian
33 E. Broadway Avenue
Meridian, ID 83642
AGREEMENT FOR PROVISION OF SEWER SERVICE
OUTSIDE MERIDIAN CITY LIMITS: 940 S. Mustang Street
This AGREEMENT FOR PROVISION OF SEWER SERVICE OUTSIDE MERIDIAN
CITY LIMITS ("Agreement") is made this,0 +In day of February, 2017, 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 Lyle Powers, whose mailing
address is 940 S. Mustang Street, Meridian, Idaho (hereinafter "User") (collectively, "Parties").
WHEREAS, User is the owner of parcel number R5299900115, located at 940 S. Mustang
Street, Meridian, Idaho Ada County, Idaho, as depicted in Exhibit A hereto (hereinafter "Subject
Property"), which real property is located outside of Meridian City limits;
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, pursuant to a request by User's predecessor -in -interest, on November 21,
2000, Meridian City Council granted an application to connect the existing residence at Subject
Property to the City sewer system, and issued the Order Granting Application to Provide City Sewer
Service Outside the City Limits Subject to Conditions, which Order is attached hereto as Exhibit B;
and
WHEREAS, the Parties seek by this Agreement to enter into the "Agreement for Provision
of Sewer Service Outside the City Limits" described in section 4 of the Order;
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 User.
A. Connection to City sewer; Septic system disconnect.
1. Sewer assessment fee; Permits. User shall be responsible for payment of any and all
applicable permit and assessment fees, including, but not limited to, connection, sewer
assessment, and inspection fees , related to the connection of the existing residence at the
Subject Property to City sewer services, and shall ensure that the selected contractor obtains
AGREEMENT FOR EXTENSION OF DOMESTIC WATER
AND SEWER SERVICE OUTSIDE MERIDIAN CITY LIMITS — 940 S. MUSTANG STREET PAGE 1 OF 7
AGREEMENT FOR EXTENSION OF DOMESTIC WATER
AND SEWER SERVICE OUTSIDE MERIDIAN CITY LIMITS – 940 S. MUSTANG STREET PAGE 2 OF 7
all necessary permits from the Building Services Division of the City of Meridian
Community Development Department prior to excavation and/or installation of sewer lines.
All fees applicable to required permits and inspections shall apply.
2. User to hire contractor. User shall, at User’s sole expense, hire a licensed contractor of
User’s choice to connect the residence at the Subject Property to the City sewer system, in
accordance with all applicable permits, laws, regulations, and standards, including the Idaho
Standards for Public Works Construction (“ISPWC”) and supplemental standards thereto as
adopted by City. Following construction of the sewer connection, User shall disconnect and
abandon the septic system at the Property in accordance will all applicable laws and
regulations.
B. Payment for City services. Upon connection to the City sewer system, User shall pay to City
all applicable fees and costs for sewer services provided, including, but not limited to use fees,
as such fees 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. Unless and until the Subject Property is connected to the City water
system, City shall bill User monthly for sewer usage at the average winter residential water use
rate as established by Meridian City Code. Upon provision of City water service to the Subject
Property, City shall bill User, and/or or the successive landowner(s) or successors in interest,
monthly for both sewer and water usage according to the metering, accounting, and billing
system then in place under Meridian City Code and the policies and practices of the City of
Meridian. The exclusive remedy for disputes, objections, or appeals regarding utility fees and
charges shall be appealed to the Board of Adjustment under the procedures set forth in Meridian
City Code. Notwithstanding termination of or any other provision of this Agreement, this
provision shall be binding upon User and upon any and all successors in interest of User and/or
to the Subject Property.
C. Maintenance Liability. User shall be solely responsible for any and all costs related to
operation and maintenance of all portions and functions of the sewer lines and plumbing
between the point of connection to City sewer and the residence at Subject Property.
D. Consent to annexation. User specifically agrees that, as a specific consideration of City’s
willingness to enter into this Agreement, User shall, and hereby does, provide perpetual consent
to annexation of the Subject Property into the City of Meridian. This provision shall comprise
evidence of User’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 User and upon any and all successors in interest
of User and/or to the Subject Property.
E. Annexation application. Within sixty (60) days of receiving written notice from City that
Subject Property is eligible for annexation, User shall, at User’s sole expense, submit an
Annexation Application for the Subject Property into the City of Meridian. User’s Annexation
Application shall be a complete submittal of all City-required documents, exhibits, and fees for
requesting annexation into the corporate boundary that are in effect at the time of application.
AGREEMENT FOR EXTENSION OF DOMESTIC WATER
AND SEWER SERVICE OUTSIDE MERIDIAN CITY LIMITS – 940 S. MUSTANG STREET PAGE 3 OF 7
Such Annexation Application shall propose zoning designations consistent with the Future Land
Use Map designation of the City’s Comprehensive Plan.
F. Development agreement. User acknowledges that, pursuant to Idaho Code section 67-6511A
and the Meridian Unified Development Code, as part of the annexation process, User will be
required to enter into a development agreement concerning the u se 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 c arry out the policies of
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.
G. Consent to entry. User shall, and hereby does, provide perpetual consent and access to the City
to enter the Subject Property for the purpose of inspecting any and all sewer pipes, connections,
and related infrastructure. Except as to routine meter readings or in the event of an imminent 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 may be verbal or written and may be
posted at the Subject Property.
II. COMMITMENTS BY CITY .
A. Provision of 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, as such may be amended from time to time.
B. Recordation. City shall record this Agreement, and shall submit proof of such recording to
User.
C. Annexation Notice. City shall, in City’s discretion, send written notice to User when Subject
Property is eligible for annexation, requiring User to submit an Annexation Application to City
for Subject Property.
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.
Notwithstanding any other provision of this Agreement, this provision shall be binding upon the
Parties and upon any and all 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
AGREEMENT FOR EXTENSION OF DOMESTIC WATER
AND SEWER SERVICE OUTSIDE MERIDIAN CITY LIMITS – 940 S. MUSTANG STREET PAGE 4 OF 7
equity, as appropriate, shall lie to secure specific performance of any covenant, agreement,
condition, commitment, and/or obligation set forth herein. In addition, remedies available to
City shall include, but shall not be limited to, termination of sewer service to User, to any
successor(s) in interest, and/or to any sewer 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:
City: City of Meridian
Attn: Public Works Department Director
33 E. Broadway Ave.
Meridian, Idaho 83642
User: Lyle Powers
940 S. Mustang Street
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 provision hereof, 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.
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 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 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 alia , 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 the 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 otherwise
AGREEMENT FOR EXTENSION OF DOMESTIC WATER
AND SEWER SERVICE OUTSIDE MERIDIAN CITY LIMITS – 940 S. MUSTANG STREET PAGE 7 OF 7
Exhibit A
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE APPLICATION )
OF WARREN B. AND JEANIE M. )
PEMBERTON FOR CITY SEWER SERVICE)
OUTSIDE THE CITY LIMITS )
ORDER GRANTING
APPLICATION TO PROVIDE
CITY SEWER SERVICE OUT-
SIDE THE CITY LIMITS
SUBJECT TO CONDITIONS
MERIDIAN CITY CODE
S 9-4-26J
The above entitled matter coming before the City Council on the 21 st day of
November, 2000, and Gary Smith, Public Works Director, and the Applicants,
Warren B. and Jeanie M. Pemberton, having appeared and the Council being fully
advised finds and orders as follows:
1. Warren B. and Jeanie M. Pemberton, husband and wife, are the ovvners
of the following described real property: (Need legal), hereinafter referred to as
Subject Real Property~".
2. "Subject Real Property" is outside of the City limits of the City of
Meridian.
3. Warren B. and Jeanie M. Pemberton have made application for the
providence of City sewer to the "Subject Real Property".
4. The Public W orl(5 Director has reviewed the circumstances presented by
the application,. The Public Works Director has included the effect the granting of
ORDER GRANTING APPLICATION TO PROVIDE CITY SEWER
SERVICE OUTSIDE THE CITY LIMITS SUBJECT TO CONDITIONS
MERIDIAN CITY CODE s 9-4-26J - PAGE 1 OF 5
Exhibit B
Copy served upon Applicant, Planning and Zoning Department, Public Works
Department and the City Attorney.
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