HomeMy WebLinkAboutLot 1, Block 1 Commerce Park SubdivisionADA CGU`ITY RECORDER
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RECORDED- REQUEST OF
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This sheet has been added to document
to accommodate recording information.
AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER /
WATER SYSTEM OUTSIDE THE CITY LIMITS - COORS DISTRIBUTING
COMPANY (APRIL 17, 2001)
AGREEMENT FOR HOOKUP TO THE CTT OFIM LRIDIAN'S
/W
SEWERATER SYSTEM OUTSIDE
IMITS
'—"Ad ay of
THIS AGREEMENT is odd OFe1VIErRIDnIANha Municipal
Av-/rz , 2001, by and between C
einafter referred to
corporation of the State of Idaho, herafterCdCOORS
hereinafter referd
after defined an to as
DISTRIBUTING COMPAINY, as herein
"SEWER/WATER USER".
1 RECITALS:
1.1 WHEREAS, "Sewer/Water User" is the sole owner, in 1 State o aw or
in equity of certain tract of land in the y of
Idaho, described in Exhibit Wl, which
attached
hed fullhere, and by
this reference incorporated herein as if set
forthereinafter referred to as the "Property"; and
1,2 WHEREAS, Idaho Code §50-323, provides and empowers cities
to establish, create, develop, maintain and operate Sewer/Water
systems; and
1.3 WHEREAS, "City" operates and maintains and develops as
Sewer/Water system; and
1.4 WHEREAS, the "City" has enacted an ordinance governing its
Sewer/Water system codified in Meridian City Code § 9-4-26 and
9-1-16; and
1.5 WHEREAS, the"Sewer/W ater User" is the owner of "Real
Property" hereinafter described which is presently
outside of the city limits of the "City"; and
1.6 WHEREAS, the "Sewer/Water os serve the desirous
Property" and
connection to the Sewer/Water
nd
the "City" is willing to provide that connection to the
Sewer/Water service to the ,Sewer/Water User" subject to the
terms and conditions and consideration of this agreement, and it
cnsideraion of the
is specifically agreed that as a to thisca oeementtthat the "City's"
"City's" willingness to enter in gr
AGREEMENT FOR HOOKUP TO THE CIC Oy MERIDA S _ 1
SEWER/WATER SYSTEM OUTSIDE THE
"Ordinance" and "Policy/Regulations" which govern its
Sewer/Water system be included atertern-is
User'ndrovide perp ons �ual this
agreement and that the "Sewer/W p
consent to annexation of the "Real Property" in to the "City".
2. DEFINITIONS:
For all purposes of this agreement the following words, terms, and
phrases herein contained in this section shall bedelienedaedt ntepreted
the
as herein provided for, unless the clear contextop e
same requires otherwise:
2.1 "City": means and refers to the City of Meridian, County of Ada,
State of Idaho.
2.2 ,Sewer/Water User": means and ss the owner of ll refer to ohs rorseal istributing
Company, and/or the person who i
property.
2.3 "Real Property": means and shall refer Crcertain
e tf in pard l(san a of real
property located in the County of Ada, y
described in Exhibit "A", attached heretat Jeno and by this encs
incorporated herein as if set forthlength together with
improvements thereon.
2.4 "Ordinance": means and shall referto the ' of its that
appertain to the regulation and control and uset
Sewer/Water system presently at Meridian
City s Y 9-4-26
and 9-1-16, and this definition specifically includes a
prospective amendments and/or recodifications
s to s ordinance
or any parts thereof, and shall alsoto any otherordinanceof
the City of Meridian governing the "Sewer/Water System".
2.5 "Policy/Regulations": means and shall refer to any City Council
enacted policy and/or regulation of its Sewer/Water system.
2.6 "Sewer/Water System": means and shall refer to the City's
Sewer/Water system.
NOW THEREFORE, in consideration of the covenants and conditions
set forth herein, the parties agree as follows:
AGREEMENT FOR HOOKUP TO THE CIC TY L MRID�'S -2
SEWER/WATER SYSTEM OUTSIDE THE
3 INCORPORATION OF RECITALS:
That the above recitals are contractual and binding and are incorporated
herein as if set forth in full.
4. PROVISION OF SEWER/-vVATER HOOKUP SERVICE:
The "CitY " agrees to provide a connection to the "Sewer/Watern
to service the "Real Property" subject to the terms and conditionsAgreement.
CONDITIONS AND REQUIREMENTS OF SEWER/WATERTHE SER
5.
FOR THE HOOKUP OF THE SEWER/WATER
LINE TREAL PROPERTY:
The hookup and assessment costs relative to the -, ewer/Water System"
connection shall be the responsibility of the ` Sewer/Water Us
6. ORDINANCE APPLICATION:
The "Ordinance" and "Policy/Regulations" apply
pp f cto the Sewrms of t ei/Wat ement
er
service and connection and are herein incorporated
oand/or ' Policy/Regulations" is/are
and at such time or times as the 'Ordinance"
amended or recodified, this agreement is automatically amended in accordance
therewith.
7. ANNEXATION:
The "SEWER/WATER User" is required to Pp immediately
submit
to
application for annexation of the "Real Property,', which is a conditionprecedent
the
"SEWERjN1'ATER User's" eligibility for the "Real Property"
User"
service connection fee within the City limit ait rates.
Seto p y the annexation application fee,
herein gives consent to such annexation, gr
to apply for annexation, and diligently pursue annexati y for such annexation
agreCity. This
es pp y
provision of this Agreement is a written request
ri Sor application
of said statute.
in accordance with I.C. §50-222 or any
g HOOKUP AND SERVICE FEES:
The charges for hookup, inspection, and service fees shall bei" as are
accordance with the provisions of the "Ordinan e" and/or"Policy/Regulations
applicable for real properties outside of the city
s.
AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S -3
SEWER/WATER SYSTEM OUTSIDE THE CITY
g REQUIREMENT FOR RECORDATION:
"City" shall record either a memorandum of this Agreement or this
Agreement, including all of the E..chibits, at "SeNver/Water User" cost, and submit
proof of such recording to "Se-,ver/Water User".
10. DEFAULT:
Any failure to perform the terms and conditions of this agreement shall
be a default.
11. REMEDIES:
11.1 This Agreement shall be enforceable in any court of competent
jurisdiction by either "City" or "Sewer/Water User", or by any
successor or successors in title or by the assigns of the parties
hereto. Enforcement may be sought by an appropriate action at
law or in equity to secure the specific performance of the
covenants, agreements, conditions, and obligations contained
herein. In addition, remedies available SSewer/Water service ude b
ut
to all users
are not limited to, termination o
located on the real property covered by this agreement.
11.2 In the event of a default, written Notice of Default shall be served
and defaulting -party shall then c erect the same before0) days er
the the non-
delivery of notice of default t
defaulting party may seek any remedy provided for herein.
11.3 In the event the performance of any covenant to be performed
hereunder by either "Sewer/Water ser" or "City"
is f the party ed for
causes which are beyond the reasonable control
responsible for such performance, which shall include, without -
limitation, acts of civil disobedience, strikesb similar
amo nt of the
time for such performance shall be extended y
time of such delay.
AGREEMENT FOR HOOKUP TO THEN C O TY MERIDIAN'S
_ 4
SEWER/WATER SYSTEM OUTSIDE T
12. NOTICES:
12.1 Any notice desired by the parties fraud whedby thi n personally
Agreement shall be deemedelivered
if delivered or three (3) days after deposit in the United States
Mail, registered or certified mail, postage prepaid, return receipt
requested, addressed as follows:
CITY:
c/o Meridian City Engineer
City of Meridian
200 E. Carlton, Suite #101
Meridian, Idaho 83642
with copy to:
City Clerk
City of Meridian
33 E. Idaho Ave.
Meridian, Idaho 83642
PROPERTY OWNER:
Coors Distributing
Company
3225 Commercial Court
Meridian, Idaho 8.3642
12.2 A party shall have the right to change thereofmaccordance
their rsby ng
to the other party a written notification
with the requirements of this section.
13. ATTORNEY FEES:
Should any litigation be commenced between the parties hereto
concerning'this Agreement, the prevailing party s be
led, in attorney's ios aso any
other relief as may be granted, to court costs an re
determined by a Court of competent jurisdiction. This provision
isi default, shall
ltb, tedeemed to
be a separate contract between the parties and shall survive y
rmination
or forfeiture of this Agreement.
14. TIME IS OF THE ESSENCE:
The parties hereto acknowledge and agree that time is strictly of the
essence with respect to each and every term, condition and
shall constitute aprovision hereof, d that
the failure to timely perform any of the obligations here
breach of and a default under this Agreement by the other party so failing to perform.
AGREEMENT FOR HOOKUP TO THE CE C O� MERIDIAN'S
ERID�, S -5
SEWERJWATER SYSTEM OUTSIDE TH
15, BINDING UPON SUCCESSORS:
This Agreement shall be binding upon and inure to the benefit of the
ssors, assigns and personal representatives, includineement shall g
parties' respective heirs, succebe
"City's" corporate authorities and their successors in n ho ne hand Tis each other person
binding on the owner of the property, each subseque
acquiring an interest in the Property. Nothing herein shall in any way prevent sale
or alienation of the Property, or portions thereof,
except
o veer orsale
o�vners shall be
shall be subject to the provisions hereof and any successor
both benefitted and bound by the conditions and restrictions herein expressed.
16 INVALID PROVISION:
If any provision of this Agreement is held
mvalid
Cby a court of
ed therefrom and
competent jurisdiction, such provision shall be deeed to be ex
the invalidity thereof shall not affect any of the other provisions contained herein.
17. FINAL AGREEMENT:
This Agreement sets forth � Sewer/Water Usex° andll promises, t"City'er at relative to the
condition and understandings between
subject matter hereof, and there are no promises, agreements, conditions or
understanding, either oral or written, express or implied, between "Sewer/Water User"
and "City", other than as are stated herein. Except as herein
this Aerwise Bement shall be o
subsequent alteration, amendment, heretounlessange or reduceddtolon writing and signed by them or their
binding upon the parte
successors in interest or their assigns, and pursuant, with respect to "City", a duly
adopted resolution of "City".
18. TERMINATION:
At such time as the "Real Property" th � nx xestsd at such h t minto the le shall still be
ty" this
agreement shall terminate except for any default
enforceable pursuant to the terms of this agreement.
19. EFFECTIVE DATE:
This Agreement shall be effective at such time as both parties have
executed this Agreement.
AGREEMENT FOR HOOKUP TO THE CITY OF
MERIDIAN'S
ERLIMID"� S 6
SEWER/WATER SYSTEM OUTSIDE THE
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this
agreement and made it effective as hereinabove provided.
ATTEST:
SECRETARY
BY: RESOLUTION NO.
ATTEST:
COORS DISTRIBUTING COMPANY
CITY OF MERIDIAN
0 ERT D. CORRIE
WILLIAM G. BERG, ITY CLERI y yq
vel 6� C'yj C�C�e �?
/6
AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S 7
SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS
STATE OF IDAHO,
. ss.
County of Ada
On this day of _, in the year 2001, before
me, , a Notary Public, personally
appeared_ e. We -i ss e.cAL and , known
or identified to me to be the i st"af vice- 1C=1Iand
respectively, of Coors Distributing Company, who executed the instrument or the
persons that executed the instrument on behalf of said Coors Distributing Company,
and acknowledged to me that such Coors Distributing Company 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.
(SEAL)
Not Public f' Idaho
Residing at:/ r� S
My Commission Expires: 07��
AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S
SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS - 8
STATE OF IDAHO,
ss.
Countv of Ada
On this i r" — day of , in the year 2001, before
me, < l n , a Notary Public, personally
appeared EER D. CORRIE and WILLIAM G. BERG, JR., known or identified to
me to be the Mayor and Cleric, respectively, of the City of Meridian, who executed
the instrument or the persons that executed the instrument on behalf of said City,
and acknowledged to me that such City 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.
(SEAL) •��.���•.�
,•�= UGC'. Notary r Idaho
•` .'0 ;`� •
y T`'�;�, •; Residing at:
My Commission Expires:�d -0
\\NPA NTS40 PDC\SE� G' �dian\Meridian 15360M\Coors Distributing Emergency Hookup to City
Sewer\SewerWaterHookup�t.doc
AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S
SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS -9
Exhibit "A"
Lot 1 Block 1 of Commerce Park Subdivision, according to the official
plat thereof, filed in Book 45 of Plats at pages 3721-3722 records of
Ada County, Idaho subject to restrictive covenants of record.
Z:\Work\M\N1eridian\N1eridian 15360N1\Coors Distributing Emergency Hookup to City Sewer\Exhibit.doc