HomeMy WebLinkAboutIdaho Truck SpecialtiesCity Council & City Clerk
City of Meridian
33 E. Idaho
Meridian, ID 83642
We hereby regUest
our property locate
only, as we have a I
to approve the regw
as well. Thank you
Sincerely,
Dan Duncan
General Manager
tle Meridian Ci
ty
61p N Eagle RCouncil approve
aequate well for ' We prefer to bearts
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BAHO
TRUCK`. Phone (208) 887-7788
SPEC,TIES Fax (208) 887-7794
Toll Free I-800-733-0342
600 N. Eagle Road
Meridian, ID 83642-5934 E C E I V
R D
MAR 1 1 1999
City Council & City Clerk
City of Meridian
33 E. Idaho
Meridian, ID 83642
City of Meridian
City Clerk Office
We hereby request that the Meridian City Council approve a sewer connection for
our property located at 600 N. Eagle Road. We prefer to be connected for sewer
only, as we have a very adequate well for water on our property. If you are unable
to approve the request without water connection, we will agree to water connection
as well. Thank you for your consideration.
Sincerely,
Dan Duncan
General Manager
k _ _
JUN 23 1999
interofficeY
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HI
MEMORANDUM
_ __
To: William G. Berg, Jr.
From: Marlene St. Geo
6P
Subject: IDAHO TRUCK SPECIALTIES, L.L.C.
File No.: 4.6.10
Date: June 21, 1999
Will:
City of,'14oridian
C'? ice
Please find attached to this memo the originals of the following
documents pertaining to Idaho Truck Specialties and their hookup to the City of
Meridian's sewer system:
AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S
SEWER SYSTEM OUTSIDE THE CITY LIMITS;
2. RESOLUTION; and
3. CERTIFICATE OF CLERK.
Please have the appropriate signatures obtained by Idaho Truck
Specialities. After Idaho Truck has executed and returned the agreement, the
agreement would then be ready to be placed upon an upcoming City Council meeting
for approval to have the Mayor sign. The attached Resolution thus allows the Mayor
to enter into the agreement on behalf of the City of Meridian.
Please remember the Agreement will need to be recorded.
If you have any questions, please advise.
msglZ:\Wor1dM\Meridian 15360M\Idaho Truddng\C1erkAgmtResandCertLtr
** TX CONFIRMATION REPORT **
DATE TIME TO/FROM
24 01/21 16:27 PUBLIC WORKS
MERIDIAN CITY COUNCIL MEETING
APRIL 6, 1999
PAGE
AS OF JAN 21 100 16:2e PAGE.01
CITY OF MERIDIAN
MODE MIN/SEC PGS CMD# STATUS
OF --S 00'53" 003 057 OK
Bird: That's what I thought. It's closed up. I don't know why we have to wait two weeks
myself.
Corrie: You could request —
Rountree: Question to Gary Smith. Can you give us a status of the line and whether or
not it would be operational in the next few weeks or months.
Smith: Mayor and Council, I'm not sure of the exact status of that line. 1 know they've
been out there testing. In fact today they were pressure testing some of the line on the
other side of Eagle, the piece heading toward the middle school site. Typically we don't
discharge any sewer into the system until its finished totally so that we don't have to
deal with pieces of the system having raw sewage in it and other pieces still being
tested particularly downstream pieces. But 1 think it will be a little while and two weeks
maybe even short to tell you that the sewer will be finished and ready for connection by
then.
Swigg: Right, we just want to have all this ready to go when it's done.
Smith: Right,
Rountree: Mr. Mayor given that I would move that we table this item and direct the
applicant to work with staff on the issue of hooking up to water and potential fire
requirements and look at this at our next regularly scheduled meeting which would be
April 2d'
Anderson: I would second that.
Come: We have a motion on the floor with a second to table this until the April 2e
meeting. Any further discussion? Hearing none, all those in favor of the motion say
aye.
MOTION CARRIED: ALL AYES.
2. REQUEST TO HOOK UP TO CITY SEWER BY IDAHO TRUCKING
SPECIALTIES:
Corrie: A representative here. You've got the yellow Harley.
Duncan: Yes, sir.
Corrie: Nice bike.
APR MERIDIAN CITY COUNCIL MEETING
PAGE 8 1999
mird:That's what I thought. It's
closed up. I don't know why we ha
Corrie: You co ve to waif tvv®
could request — weeks
Rountree: Question to
not it would be operational to the tne Can
You give us a status of the line and
Smith: xt few weeks or months_
been Out there festiC®unci), P whether or
I'm not sure of the
other side of ng In fact togatheyexact status of that line. l
discharge any
the piece head na �e pressure testing s® know they've
deal with Y sewer into the system the middle school site. e of the line o
tested pieces of the system until its finished total) n the
Particularly do having raw sewage Y so that Typically We don't
maybe even short stream p1eCes, ge ►n it and other We dont have to
then, d to tell you that the se But I think it Pieces still being
sewer will be finished a little
While and two weeks
Swi and ready for connection by
9g: Right, we
lust want to have all this ready to 0
Smith: Right. g when it's
done.
Rountree:
applicant t i�r. allay°r given that I
requ;rerr�ents
Work
with staff on the Would move that we table this item
April 20th and look at this at our next ehooking up tow andPotential fire
Y scheduled meeting which would be
Anderson: 1 would second that.
Corrie: We have
meeting. Any further
on the floor
aye. discussion? with a second to table this until the t
Hearing none, all those in favor of
LOTION Apn12p h
CARRIED: the motion say
ALL AYES,
2. REQUEST
EST TO HOOK
'AL7'IL
Corr' P T® CITY SEWER BY 1
te. A representative here.AH TRUCKING
sir.
Duncan: Yes You've got the yellow Harley.
Corrie: Nice bike.
MERIDIAN CITY COUNCIL MEETING
APRIL 6, 1999
PAGE 9
Duncan: Thank you. My name is Dan Duncan. I'm the owner of Idaho Trucking
Specialties and similar to YMC, I'd like to have permission to hook up to the sewer with
it's running right down the front of us on Eagle Road. We do have fire_ Currently we're
running off of Albertson's Fire Systems. Again our building is all metal. (Inaudible) We
do have a fire hydrant right in front of our building that is working and operational. I
don't believe we have water at this time. We did put in we were forced to put in a brand
new well last year, so I would prefer to run off it for a while if that would be possible and
go on a flat rate. I've already because they were running right down in front of Eagle
Road and right in front of our place I did contact the owner who is putting in the sewer,
Ron Van Auker and we did get permission to go ahead and stub in and so we did go
ahead and while they were digging it through, we stubbed in and ran it up underneath
our fence so if it was allowed we could go ahead and hook in. Similar we are on an
above ground septic system that's been there for about ten years since the building was
built. It seems to be working fine. It's more of an eye sore than anything. They put it
right on Eagle Road and it's kind of an eye sore, so I would like to remove it and hook
into the sewer.
Bentley: Mr. Mayor, what are your plans for annexation?
Duncan: I plan to. We've already been talking to Cheryl with the City of Meridian. She
talked to us about the double assessment fees. I guess we kind of left it that if we
needed to get annexed into the city, we definitely would. If we didn't I'm not really sure
what the preference is there.
Bentley: I have a question for Gary. Gary, on the well and the water situation at this
site, what is our policy state for the metering?
Smith: Well the ordinance says that if public services are within 300 feet of a property
that's in the city limits, they are required to hook up within 15 days. We have had
properties outside of the city limits that wanted to connect to either sewer or water
because of a failing system that they had on site and in the past I believe the Council
has allowed them to connect that particular service for that reason. There have been
other instances where the Council has required that they also connect to water so that
the service can be more accurately measured, sewer service. With the water, it's not a
problem because it is measured and we can bill directly what's used, but with the sewer
we have to just use the flat rate and figure out what a typical or we base it on our typical
residential unit for sewage during the winter and so we just — and we have a few of
those presently.
Bentley: Are those commercial or residential?
Smith: The ones that I can think of are residential.
MERIDIAN CITY COUNCIL MEETING
APRIL 6, 1999
PAGE 10
Bentley: That's what I thought. Okay thank you.
Gigray: Mr. Mayor, members of the Council, just as advice from your City Attorney in
any of these requests it would be my standing advice that we enter into — if you choose
to grant these applications, we have kind of a standard form agreement that we propose
for the extension of sewer and/or water depending on the action that you take that if you
do approve it, we can do this administratively and you can give the Mayor and Clerk
authority to go ahead and sign them once they've been approved and signed and
approved by staff. The point of this is that at least from my perspective and advice is
that a sewer system are proprietary systems. They're governed under the ordinances
of the City. Those ordinances protect the use and management of those systems.
When you get to areas which are outside of the city limits, your city ordinances no
longer apply. And then we have to get into a contract provisions with regards to the
severance of service or enforcement actions and so on and so forth, and we try to
provide in the agreement that they agree that those ordinances are terms and
conditions of the providence of the water and sewer to help protect the system and also
provides a continuing permission on the part of the property owner to annexation when
it is appropriate.
Corrie: Okay, anybody else have anything they'd like to — okay, all right.
Rountree: Mr. Mayor, I would move that we enter into an agreement with Idaho Truck
Specialties approving the hook up to Meridian Sewer System with the assessment of a
double fee.
Corrie: 'Motion made and second that we enter into an agreement to hook up to the city
sewer system with a double hookup fee to Idaho Trucking Specialties. Any further
discussion?
Bentley: Mr. Mayor are we making this contingent like the rest that upon the annexation
that he can —
Rountree: Not at this point.
Bentley: Okay.
Corrie: Any further discussion? All those in favor of the motion say aye.
Duncan: Thank you gentlemen.
CERTIFICATE OF CLERK
OF
THE CITY OF MERIDIAN
I, the undersigned, do hereby certify:
1. That I ant the duly appointed and elected Cleric of the City of Meridian,
a duly incorporated City operating under the laws of the State of Idaho, with its
principal office at 33 East Idaho, Meridian, Idaho.
2. That as the City Cleric of this City, I am the custodian of its records and
minutes and do hereby certify that on the day of , 1999, the
following action has been taken and authorized:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN,
SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING
THE MAYOR AND CITY CLERK TO SIGN AND ENTER INTO, ON BEHALF
OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED "AGREEMENT FOR
HOOKUP TO THE CITY OF MERIDIAN'S SEWER SYSTEM OUTSIDE THE
CITY LIMITS", BY AND BETWEEN THE CITY OF MERIDIAN, AND IDAHO
TRUCK SPECIALTIES, L.L.C., DAN W. DUNCAN - GENERAL MANAGER.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF
MERIDIAN, IDAHO:
WHEREAS, it is in the best interests of the City of Meridian to enter into an
agreement with IDAHO TRUCK SPECIALTIES, L.L.C., DAN W. DUNCAN -
GENERAL MANAGER, denoted as "AGREEMENT FOR HOOKUP TO THE CITY
OF MERIDIAN'S SEWER SYSTEM OUTSIDE THE CITY LIMITS" a copy of
which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and
authority for which are as set forth in said Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL as follows:
CERTIFICATE OF CLERK OF THE
CITY OF MERIDIAN
1. The Mayor and Cleric are hereby authorized to enter into and on behalf
of the City of Meridian that certain agreement with IDAHO TRUCK SPECIALTIES,
L.L.C., DAN W. DUNCAN - GENERAL MANAGER, entitled "AGREEMENT FOR
HOOKUP TO THE CITY OF MERIDIAN'S SEWER SYSTEM OUTSIDE THE
CITY LIMITS" dated the day of , 1999, by and between the City
of Meridian and IDAHO TRUCK SPECIALTIES, L.L.C., DAN W. DUNCAN -
GENERAL MANAGER, a copy of which is attached hereto marked as Exhibit "A" to
this Resolution and to bind this City to its terms and conditions.
STATE OF IDAHO,
ss.
County of Ada,
WILLIAM G. BERG, JR.
On this day of , in the year 1999, before me,
, a Notary Public, appeared
WILLIAM G. BERG, JR., known or identified to me to be the City Clerk of the City
of Meridian, Idaho that executed the said instrument, and aclalowledged to me that
he executed the same on behalf of the City of Meridian.
(SEAL)
Notary Public for Idaho
Commission Expires:_
msg\Z:\Wor1c\M\Meridian 15360M\Idaho Trucking\CertC1er1-Agmt
CERTIFICATE OF CLERK OF THE 2
CITY OF MERIDIAN
RESOLUTION NO.
BY:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS
AND PURPOSES; AUTHORIZING THE MAYOR AND
CITY CLERK TO SIGN AND ENTER INTO, ON BEHALF
OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED
"AGREEMENT FOR HOOI(UP TO THE CITY OF
MERIDIAN'S SEWER SYSTEM OUTSIDE THE CITY
LIMITS", BY AND BETWEEN THE CITY OF MERIDIAN,
AND IDAHO TRUCK SPECIALTIES, L.L.C., DAN W.
DUNCAN - GENERAL MANAGER.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF
THE CITY OF MERIDIAN, IDAHO:
WHEREAS, it is in the best interests of the City of Meridian to enter into an
agreement with IDAHO TRUCK SPECIALTIES, L.L.C., DAN W. DUNCAN -
GENERAL MANAGER, denoted as "AGREEMENT FOR HOOKUP TO THE CITY
OF MERIDIAN'S SEWER SYSTEM OUTSIDE THE CITY LIMITS" a copy of
which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and
authority for which are as set forth in said Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL as follows:
RESOLUTION OF THE CITY OF MERIDIAN, AUTHORIZING 1
CERTAIN FINDINGS AND PURPOSES, AUTHORIZING THE MAYOR
AND CITY CLERK TO ENTER INTO AN AGREEMENT WITH
IDAHO TRUCK SPECIALTIES, L.L.C., DAN W. DUNCAN - GENERAL MANAGER
1. The Mayor and Cleric are hereby authorized to enter into and on behalf
of the City of Meridian that certain agreement with IDAHO TRUCK SPECIALTIES,
L.L.C., DAN W. DUNCAN - GENERAL MANAGER, entitled "AGREEMENT FOR
HOOKUP TO THE CITY OF MERIDIAN'S SEWER SYSTEM OUTSIDE THE
CITY LIMITS" dated the day of , 1999, by and between the City
of Meridian and IDAHO TRUCK SPECIALTIES, L.L.C., DAN W. DUNCAN -
GENERAL MANAGER, a copy of which is attached hereto marked as Exhibit "A" to
this Resolution and to bind this City to its terms and conditions.
PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day
of 71999.
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this
day of 21999.
MAYOR
ATTEST:
CITY CLERK
msg\Z:\Work\M\Meridian 15360M\Idaho Truddng\ResolutionAgmt
RESOLUTION OF THE CITY OF MERIDIAN, AUTHORIZING 2
CERTAIN FINDINGS AND PURPOSES, AUTHORIZING THE MAYOR
AND CITY CLERK TO ENTER INTO AN AGREEMENT WITH
IDAHO TRUCK SPECIALTIES, L.L.C., DAN W. DUNCAN - GENERAL MANAGER
MERIDIAN CITY COUNCIL MEETING: APRIL 6, 1999
APPLICANT: IDAHO TRUCKING SPECIALTIES AGENDA ITEM NUMBER:
REQUEST: HOOK UP TO CITY SEWER
AGENCY
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY:
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
MERIDIAN SCHOOL DISTRICT:
MERIDIAN POST OFFICE:
ADA COUNTY HIGHWAY DISTRICT:
ADA COUNTY STREET NAME COMMITTEE:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
US WEST:
INTERMOUNTAIN GAS:
COMMENTS
SEE ATTACHED LETTER
A
BUREAU OF RECLAMATION:
OTHER:
All Materials presented at public meetings shall become property of the City of Meridian.
Mayor
ROBERT D. CORRIE
Council Members
CHARLES ROUNTREE
GLENN BENTLEY
RON ANDERSON
KEITH BIRD
HUB OF TREASURE VALLEY
A Good Place to Live
CITY OF MERIDIAN
33 EAST IDAHO
MERIDIAN, IDAHO 83642
Phone (208) 888-4433 • Fax (208) 887-4813
DAN DUNCAN
600 N. EAGLE RD
MERIDIAN, ID 83642
DEAR MR. DUNCAN,
LEGAL DEPARTMENT
(208)884-4264
PUBLIC WORKS
BUILDING DEPARTMENT
(208)887-2211
PLANNING AND ZONING
DEPARTMENT
(208)884-5533
ENCLOSED IS A COPY OF THE AGREEMENT FOR HOOKUP TO THE CITY OF
MERIDIAN'S SEWER SYSTEM, PLEASE SIGN AND RETURN IT TO THE CITY
CLERK'S OFFICE WITH ATTENTION TO ANGEL.
THANK YOU,
CARISSA JOHNSON
AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER
SYSTEM OUTSIDE THE CITY LIMITS
THIS AGREEMENT is made and entered into this _ day of
, 1999, by and between CITY OF MERIDIAN, a Municipal
corporation of the State of Idaho, hereinafter referred to as "CITY", and IDAHO
TRUCK SPECIALTIES, L.L.C., DAN W. DUNCAN - GENERAL MANAGER, as
hereinafter defined and hereinafter referred to as "SEWER USER".
1. RECITALS:
1.1 WHEREAS, "Sewer User" is the sole owner, in law and/or in
equity of certain tract of land in the County of Ada, State of
Idaho, described in Exhibit "A", which is attached hereto and by
this reference incorporated herein as if set forth in full,
hereinafter 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 systems;
and
1.3 WHEREAS, "City" operates and maintains and develops a sewer
system; and
1.4 WHEREAS, the "City" has enacted an ordinance governing its
sewer system codified at Chapter 5 of Title VII of the Municipal
Code of the City of Meridian; and
1.5 WHEREAS, the "Sewer User" is the owner of "Real Property"
hereinafter described which is presently located outside of the
city limits of the "City"; and
1.6 WHEREAS, the "Sewer User" is desirous of obtaining
connection to the sewer to serve the "Real Property" and the
"City" is willing to provide that connection to the sewer service to
the "Sewer User" subject to the terms and conditions and
consideration of this agreement, and it is specifically agreed that
AGREEMENT FOR HOOKUP TO THE CITY OF
MERIDIAN'S SEWER SYSTEM OUTSIDE THE CITY LIMITS - I
as a specific consideration of the "City's" willingness to enter into
this agreement that the "City's" "Ordinance" and
"Policy/Regulations" which govern its sewer system be included as
terms and conditions of this agreement and that the "Sewer User"
provide perpetual 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 be defined and interpreted
as herein provided for, unless the clear context of the presentation of the
same requires otherwise:
2.1 "City": means and refers to the City of Meridian, County of Ada,
State of Idaho.
2.2 "Sewer User": means and shall refer to Idaho Truck Specialties,
L.L.C., Dan W. Duncan - General Manager, and/or the person
who is the owner of the real property.
2.3 "Real Property": means and shall refer to certain parcel(s) of real
property located in the County of Ada, City of Meridian as
described in Exhibit "A", attached hereto and by this reference
incorporated herein as if set forth at length together with
improvements thereon.
2.4 "Ordinance": means and shall refer to the City's ordinances that
appertain to the regulation and control and use of its sewer
system presently codified at Chapter 5 of Title VII of the
Municipal Code of the City of Meridian, and this definition
specifically includes any prospective amendments and/or
recodifications to said ordinance or any parts thereof, and shall
also refer to any other ordinance of the City of Meridian
governing the "Sewer System".
2.5 "Policy/Regulations": means and shall refer to any City Council
enacted policy and/or regulation of its sewer system.
2.6 "Sewer System": means and shall refer to the City's sewer
system.
AGREEMENT FOR HOOKUP TO THE CITY OF
MERIDIAN'S SEWER SYSTEM OUTSIDE THE CITY LIMITS - 2
NOW THEREFORE, in consideration of the covenants and conditions
set forth herein, the parties agree as follows:
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 HOOKUP SERVICE:
The "City" agrees to provide a connection to the "Sewer System" to
service the "Real Property" subject to the terms and conditions of this Agreement.
5. CONDITIONS AND REQUIREMENTS OF SEWER USER FOR
THE HOOKUP OF THE SEWER LINE TO THE REAL
PROPERTY:
The hookup and assessment costs relative to the "Sewer System"
connection shall be the responsibility of the "Sewer User".
6. ORDINANCE APPLICATION:
The "Ordinance" and "Policy/Regulations" apply to the sewer service
and connection and are herein incorporated as specific terms of this agreement and at
such time or times as the "Ordinance" and/or "Policy/Regulations" is/are amended or
recodified, this agreement is automatically amended in accordance therewith.
7. HOOKUP AND SERVICE FEES:
The charges for hookup, inspection, and service fees shall be in
accordance with the provisions of the "Ordinance" and/or "Policy/Regulations" as are
applicable for real properties outside of the city limits.
8. REQUIREMENT FOR RECORDATION:
"City" shall record either a memorandum of this Agreement or this
Agreement, including all of the Exhibits, at "Sewer User" cost, and submit proof of
such recording to "Sewer User".
AGREEMENT FOR HOOKUP TO THE CITY OF
MERIDIAN'S SEWER SYSTEM OUTSIDE THE CITY LIMITS - 3
9. DEFAULT:
Any failure to perform the terms and conditions of this agreement shall
be a default.
10. REMEDIES:
10.1 This Agreement shall be enforceable in any court of competent
jurisdiction by either "City" or "Sewer 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.
10.2 In the event of a default, written Notice of Default shall be served
and defaulting -party shall then have thirty (30) days after
delivery of notice of default to correct the same before the non -
defaulting party may seek any remedy provided for herein.
10.3 In the event the performance of any covenant to be performed
hereunder by either "Sewer User" or "City" is delayed for causes
which are beyond the reasonable control of the party responsible
for such performance, which shall include, without limitation,
acts of civil disobedience, strikes or similar causes, the time for
such performance shall be extended by the amount of time of
such delay.
11. NOTICES:
11.1 Any notice desired by the parties and/or required by this
Agreement shall be deemed delivered if and when personally
delivered or three (3) days after deposit in the United States
Mail, registered or certified snail, postage prepaid, return receipt
requested, addressed as follows:
CITY: PROPERTY OWNER:
c/o Meridian City Engineer IDAHO TRUCK
Gary Smith SPECIALTIES, L.L.C./
City of Meridian DAN DUNCAN -
AGREEMENT FOR HOOKUP TO THE CITY OF
MERIDIAN'S SEWER SYSTEM OUTSIDE THE CITY LIMITS - 4
200 E. Carlton, Suite #100 GENERAL MANAGER
Meridian, Idaho 83642 600 N. Eagle Road
Meridian, ID 83642
with copy to:
City Cleric
City of Meridian
33 E. Idaho Ave.
Meridian, Idaho 83 642
11.2 A party shall have the right to change their address by delivering
to the other party a written notification thereof in accordance
with the requirements of this section.
12. 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's fees as
determined by a Court of competent jurisdiction. This provision shall be deemed to
be a separate contract between the parties and shall survive any default, termination
or forfeiture of this Agreement.
13. 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 provision hereof, and that
the failure to timely perform any of the obligations hereunder shall constitute a
breach of and a default under this Agreement by the other party so failing to perform.
14. BINDING UPON SUCCESSORS:
This Agreement shall be binding upon and inure to the benefit of the
parties' respective heirs, successors, assigns and personal representatives, including
"City's" corporate authorities and their successors in office. This Agreement shall be
binding on the owner of the property, each subsequent owner and each other person
acquiring an interest in the Property. Nothing herein shall in any way prevent sale
or alienation of the Property, or portions thereof, except that any sale or alienation
shall be subject to the provisions hereof and any successor owner or owners shall be
both benefitted and bound by the conditions and restrictions herein expressed.
AGREEMENT FOR HOOKUP TO THE CITY OF
MERIDIAN'S SEWER SYSTEM OUTSIDE THE CITY LIMITS - 5
15. INVALID PROVISION:
If any provision of this Agreement is held not valid by a court of
competent jurisdiction, such provision shall be deemed to be excised therefrom and
the invalidity thereof shall not affect any of the other provisions contained herein.
16. FINAL AGREEMENT:
This Agreement sets forth all promises, inducements, agreements,
condition and understandings between "Sewer User" and "City" relative to the
subject matter hereof, and there are no promises, agreements, conditions or
understanding, either oral or written, express or implied, between "Sewer User" and
"City", other than as are stated herein. Except as herein otherwise provided, no
subsequent alteration, amendment, change or addition to this Agreement shall be
binding upon the parties hereto unless reduced to writing and signed by them or their
successors in interest or their assigns, and pursuant, with respect to "City", a duly
adopted resolution of "City".
17. TERMINATION:
At such time as the "Real Property" is annexed into the City" this
agreement shall terminate except for any default that exists at such time shall still be
enforceable pursuant to the terms of this agreement.
18. 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 SEWER SYSTEM OUTSIDE THE CITY LIMITS - 6
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this
agreement and made it effective as hereinabove provided.
ATTEST;
WILLIAM G. BERG, JR., CITY CLERIC
BY RESOLUTION NO.
SATE OF IDAHO, )
. ss.
County of Ada
IDAHO TRUCK SPECIALTIES,
L.L.C.
DAN W. DUNCAN - GENERAL
MANAGER
CITY OF MERIDIAN
MAYOR ROBERT D. CORRIE
On this day of , in the year 1999, before
me, , a Notary Public, personally
appeared DAN W. DUNCAN, known or identified to me to be the General Manager,
respectively, of Idaho Truck Specialties, L.L.C.,who executed the instrument or the
persons that executed the instrument on behalf of said company, and acknowledged
to me that such company executed the same.
AGREEMENT FOR HOOKUP TO THE CITY OF
MERIDIAN'S SEWER SYSTEM OUTSIDE THE CITY LIMITS - 7
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)
STATE OF IDAHO, )
ss.
County of Ada )
Notary Public for Idaho
Residing at:
My Commission Expires:
On this day of , in the year 1999, before
me, , a Notary Public, personally
appeared ROBERT 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)
Notary Public for Idaho
Residing at:
My Commission Expires:
AGREEMENT FOR HOOKUP TO THE CITY OF
MERIDIAN'S SEWER SYSTEM OUTSIDE THE CITY LIMITS - 8
A parcel of land being a portion of Lot 1 and Lot 2, Block 2 of Commerce Park
Subdivision as filed for record in the office of the Ada County Recorder in
Book 45 of Plats at pages 3721 and 3722 located in the Southwest quarter of
Section 9, Township 3 North, Range 1 East, Boise Meridian and more
particularly described as follows:
Beginning at the Northwest corner of said Lot 1;
Thence North 82 Degrees 52'10" East 30.21 feet along the northerly boundary
of said Lot I to a point being 70.00 feet easterly of the westerly boundary of
said Southwest quarter of Section 9, also said point being the real point of
beginning;
Thence continuing along said northerly boundary and the northerly boundary
of said Lot 2 the following courses and distances;
North 82 Degrees 52'10" East 21.95 feet to a point;
Thence South 87 Degrees 54'48" East 386.23 feet to a point; said point
bearing North 87 Degrees 54'48" West 49.35 feet from an angle point in the
northerly boundary of said Lot 2';
Thence leaving said northerly boundaries South 00 Degree 00'50" West
423.62 feet along a line easterly of and parallel to the westerly boundary of
said Lot 2 to a point on the northerly right of way line Commercial Court, said
point bearing North 89 Degrees 56'24" West 135.95 feet from the Southeast
corner of said Lot 2;
Thence North 89 Degrees 56'24" West 297.69 feet along said southerly right
of way line of Commercial Court to a point being 180.00 feet easterly of said
Southwest quarter of Section 9;
Thence leaving said northerly right of way line of Commercial Court North 77
Degrees 08'08" West 112.80 feet to a point being 70.00 feet easterly of said
westerly boundary of the Southwest quarter of Section 9;
Thence North 00 Degree 00'00" East 409.54 feet along a line parallel to an
70.00 feet easterly of said westerly boundary of Southwest quarter of Section 9
to the point of beginning.
EXHIBIT "A" TO AGREEMENT FOR HOOKUP TO THE CITY OF
MERIDIAN'S SEWER SYSTEM OUTSIDE THE CITY LIMITS