HomeMy WebLinkAboutAgreement for Extension of Sewer Service 1035 E FairviewADA COUNTY RECORDER Christopher D. Rich 2018-001828
BOISE IDAHO Pgs=2 LISA BATT 01/08/2018 08:18 AM
RECORDING REQUESTED BY AND CITY OF MERIDIAN, IDAHO NO FEE
WHEN RECORDED RETURN TO.'
City Clerk
City of Meridian
33 E. Broadway Avenue
Meridian, ID $3642
FIRSTAMENDMENT TO
AGREEMENT FOR EXTENSION OF DOMESTIC SEWER SERVICE
OUTSIDE MERIDIAN CITY LIMITS: 1035 E. Fairview Avenue
This FIRST AMENDMENT TO AGREEMENT FOR EXTENSION OF DOMESTIC SEWER
SERVICE OUTSIDE MERIDIAN CITY LIMITS ("Agreement) is made this i00 day of December
2017 ("Effective Date"), 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 Alturas Properties, LLC, formerly known as Hansen Properties, LLC, an Idaho limited
liability company whose mailing address is 435 E. Shore Dr., Suite 210, Eagle, Idaho 83616 (hereinafter
"User") (collectively, "Parties").
WHEREAS, the Parties entered into that certain Agreement.for Lixtension of Domestic Sewer
Set -vice Outside 1feridian 04, Limits: 1035 E, Fairview Avenue, executed on October 3, 2017 (the
"Agreement") and recorded in the records of Ada County against 1035 E. Fairview Avenue, Meridian,
Idaho, Ada County parcel number 51107120677 ('Subject Property"), on October 10, 2017 as Instrument
No. 2017-095482;
WHEREAS.. the Agreement authorized connection of Subject Property to the City's sewer system
on terms and conditions, identified in the Agreernent, which terms included a requirement of applications
to the City for Annexation and Certificate of Zoning Compliance within sixty (60) days of execution of
the Agreement;
WHEREAS, User has, in good faith, pursued all necessary approvals for the Anticipated Use in
Ada County, including submission of a master site plan application to Ada County on October 41. 2017,
User has received master site plan approval for the Anticipated Use; however, not all building permits
have issued and work has not yet completed to allow for County inspections and a certificate of
occupancy to issue;
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 The Parties agree that the
timelines identified in Section ILC of the Agreement are hereby extended an additional sixty (60) days,
for a total of one hundred twenty (120) days from the execution of the Agreement.
2. Identification of User. The definition of "User" is hereby amended, as follows, to reflect
the current ownership of the Subject Property: "10th & Fairview, LLC, successor in interest to Alturas
Properties, LLC, fori-nerly known as Hansen Properties, LLC." By execution of this First Amendment,
10th & Fairview, LLC assumes all rights and obligations of User under the Agreement.
FIRST AmFNDMENTTo AGRFE&WNTFOR EXTENSION XkNNIER ERVICE
OUTSIDE MERIDIAN CITY LIMITS — 1035 E. FAIRVIL;W AVE PAGE 1 OF—)
3. No Other Changes; Dormed Terms. The Agreement remains in full force and effect
except as explicitly modified herein. Any capitalized but undefined terms in this First Amendment shall
have the same meaning as indicated in the Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment on this `
day off -. c . (-- c- ` 20.17.
USER:
10TH & FAIRVIEW, LLC
an Idaho limited liability company
Blake Hansen, Ma1]c'{►.._,
STATE OF IDAHO
' ) ss:
County of 6"1141 )
I HEREBY CE TIFY that on this day of
before the undersigned, a Notary public in the State of Idaho,
personally appeared Blake Hansen, proven to me to
be the person who executed the said instrument, and
,�,•+ � IN acknowledged to me that he executed the same.
' �.+*` '••, IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
t' 0'tA, Aofffi'al seal, the day and ear in this certificate first above written.
Public for Id
tisk• 3LIC eif
?`I Residing at (� ,
• . Idaho
'000•000'0
My Commission Expires:
OF 1,01
CITY OF MERIDIAN:
BY:
Tammy eerd, Mayor
06 8922110,
�O.TA ' �'Y •L
pc,BL�G
OY
'••asses••'
Attest: /- *X-L'--�
Way Coe. , Cite Clerk
STATE OF IDAHO
: ss
County of Ada
I HEREBY CERTIFY that on this= G� day of eC MbP(--2017
before the undersigned, personally appeared TAMMY de WEERD and
C;JAY COLES, known or identified to me to be the Mayor and City
Clerk, respectively, of the City of Meridian, who executed the instrument
on behalf of the City of Meridian, and acknowledged to me that the City
of Meridian executed the sante.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year inthiscertificate first above written.
U)(&W
)-
1'd
Notary Public f
Residing at, JA11U Idaho
My Commission Expires: g -,9 d
FIRST AMENDMF'NT *to AGRUNiL:N'r FUR EXTENSION OF SFwrat SERVICE
OUTSIDEMFRIDIAN CITY LIMITs —1035 E. FAItwFw AVF PAr1 2 OF 2