HomeMy WebLinkAboutAgreement for Connection to Sewer Service 313 W. Cherry LaneADA COUNTY RECORDER Christopher D. Rich 2017-020199
BOISE IDAHO Pgs=6 VICTORIA BAILEY 03/09/2017 11:20 AM
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 CONNECTION
TO SEWER SERVICE: 313 W, CHERRY AVENUE
This REIMBURSEMENT AG E NT FOR CONNECTION TO SEWER
SERVICE is made this % day of 2017, by and between the City of Meridian,
a municipal corporation organized under the laws of the State of Idaho, whose address is
3 3 East Broadway Avenue, Meridian, Idaho (hereinafter "City"), and Dennis and Eva
Golightly, individuals whose address is 313 W. Cherry Avenue, Meridian, Idaho
(hereinafter "Customers") (collectively, "Parties"),
WHEREAS, Customers are the owners of parcel number R2917150050, located
at is 313 W. Cherry Avenue, 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 pursuant to such authority, the City of Meridian is
abandoning the existing sewer line in the back of the Subject Property and there is an
existing sewer line in front;
WHEREAS, the Subject Property has a basement and the sewer service cannot
gravity flow to Cherry Street, and for this reason, a sump pump must be added to allow
the home to connect to the existing main; and
WHEREAS, to improve efficiency and long-term viability of sewer service to the
subject property and eliminate use of aging infrastructure, both Parties desire that
Customers connect the building at Subject Property to the new sewer line, and City is
willing to provide payment to Customers for the cost of such work, including installing
the sump pump and for a limited period of future maintenance of the sump pump;
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. CITY TO PROVIDE PAYMENT TO CUSTOMERS. Within thirty (3 0) days of execution of
this Agreement, City's receipt of W-9 form completed and signed by Customers, and
City's issuance of plumbing and electrical permits pursuant to Customers'
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313 W. CnPRRY AVENUE PAGE I OF 5
contractors' application for same, City shall make payment to Customers in the total
amount of twenty-seven thousand, nine hundred and twenty-eight dollars
($27,928.00). This amount shall represent City's total and final payment for any and
all costs related to this Agreement, including plumbing work, sump pump installation,
drywall and cosmetic repair, and connection of the residence at Subject Property to
the new sewer line, as well as any and all future pump replacements, project
management, and other miscellaneous costs to Customers. Payment of the amount set
forth in this provision shall constitute City's total payment for all costs related to this
Agreement; under no circumstance shall City shall be obligated to make any payment
to Customers for any costs related to this Agreement over this amount. Any and all
taxes due and owing to Customers under this Agreement shall be Customers' sole
responsibility.
B. 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.
C. ABANDONMENT OF SEWER LINE. City shall abandon the sewer line on the south side
of the Subject Property by or before July 1, 2017, by which time Customers'
residence must be connected to the existing sewer main on the north side of the
Subject Property.
II. COMMITMENTS BY CUSTOMERS.
A. CUSTOMERS TO HIRE CONTRACTORS. Customers shall select and hire a licensed
plumber and a licensed electrician to install a sump pump and all related plumbing
and electrical infrastructure necessary to connect the residence at the Subject Property
to the existing City sewer line on the north side of the Subject Property. Such work
shall be completed 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.
Such work shall be completed by 5:00 p.m. on June 9, 2017.
B. BUILDING PERMITS. Customers specifically agree that they will obtain, or ensure that
all contractors obtain, all required permits from the Building Services Division of the
City of Meridian Community Development Department prior to initiating work under
this Agreement. Any and all fees applicable to required permits shall apply. City
shall not release payment under this agreement until plumbing and electrical permits
have issued in accordance with all applicable codes.
C. 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,
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313 W. CHERRY AVENUE PAGE 2 OF 6
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 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.
E. WAIVER. Customers acquit and forever discharge the City of Meridian, its
employees, and agents, from any and all claims, actions, causes of action, demands,
rights, damages, costs, expenses and additional compensation, including attorney fees,
which Customer now has or may later realize in relation to any expense of any type
related this Agreement, whether such expense is foreseen, unforeseen, known, or
unknown.
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. RECORDATION. City shall record this Agreement, at City's cost.
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 Ci1y: If to Customers:
City of Meridian Public Works Dennis and Eva Golightly
Department Director 313 W. Cherry Avenue
33 E. Broadway Ave. Meridian, Idaho 83642
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. 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
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313 W. CHERRY AVENUE PAGE 3 OF 6
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 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 Agreement sets forth all promises, inducements,
agreements, conditions, 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 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, 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.
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313 W. CHERRY AVENUE PAGE 4 OF 6
K. APPROVAL REQUIRED: This Agreement shall not become effective or binding until
approved by the City Council of the City of Meridian,
IN WITNESS WIIEREOF, the parties hereto have executed this Agreement on
the date first written above.
CUSTOMERS:
Dennis Golightly
Eva Golightly
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BY:
AGREEMENT FOR CONNECTION TO SEWER SERVICE
STATE OF IDAHO
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County of AA )
I HEREBY CERTIFY that on this Z Zday of -Feb , ?v17
before the undersigned, a Notary Public in the State
of Idaho, personally appeared DENNIS
GOLIGHTLY, proven to me to be the person who
executed the said instrument, and acknowledged to
me that he executed the same,
IN WITNESS WHEREOF, I have hereunto set my
hand and affixed my official seal, the day and year in
is certifi ate st above written,
Notary Public for Idaho
Residing at Idaho
My Commission Expires; le) /ZG Ize-0
STATE OF IDAHO
ss:
County of Ada )
I HEREBY CERTIFY that on this z day of 5eb , z:6 t7
before the undersigned, a Notary Public in the State
of Idaho, personalty appeared EVA GOLIGHTLY,
proven to me to be the person who executed the said
instrument, and acknowledged to me that he executed
the same,
IN WITNESS WHEREOF, I have hereunto set my
h and affixedmy official seal, the day and year in
this certific eirst above written.
otary Public for Idaho
Residing at Idaho
My Commission Expires: to / 2G / 0601
Attest:
-dqay Co s, City Cleric
313 W. CnERRY MENUE PAGE 5 OF/ &
AGREEMENT FOR CONNECTION TO SEWER SERVICE
313 W. CHERRY AVENUE PAGE 6 OF 6
STATE OF IDAHO )
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County of Ada )
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IHEREBY CERTIFY that on this day of
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appeared TAMMY de -EE and C.7AY COLES, known or
identified to me to be the M and City Clerk, respective y, o
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the City of Meridian, who executed the instrument on behalf of
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the City of Meridian, and acknowledged to me that the City of
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executed the same,
IN WITNESS WHEREOF, I have hereunto set my hand and
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affixed my official seal the day and year in this certificate first
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AGREEMENT FOR CONNECTION TO SEWER SERVICE
313 W. CHERRY AVENUE PAGE 6 OF 6