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HomeMy WebLinkAboutRecycled Water User Agreement - Jacksons Food StoreADA COUNTY RECORDER Christopher D. Rich 2018-025351 BOISE IDAHO Pgs=10 HEATHER LUTHER 03/21/2018 04:55 PM CITY OF MERIDIAN, IDAHO NO FEE RECORD/NG REQUESTED BVAND WHEN RECORDED RETURN TO: City Cloth City of Moddlan 33 E. Broadway Avenue Meridian, ID 83642 44 -- This RECYCLED WATER USE AGREEMENT (this "Agreement") made this -day of 2018, by and between.facksons Food Store ("User") located at 750 N Ten Mile Road, Meridian, ID 83646 and the City of Meridian, a municipal corporation organized under the laws of the state of Idaho WHEREAS, municipalities that typically discharge wastewater to the lower basin of the Boise River have been required by the Idaho Department of Environmental Quality ("DEQ„) to reduce the discharge of nutrients to the lower basin of the Boise River, and as a partial response, City has identified, as one of City's environmentally -responsible Comprehensive Plan goals, The use of recycled water throughout City (the terms "Recycled", "Reclaimed", and "Reuse" may be used interchangeably, and all refer to the City's Class A Reclaimed Water); WHEREAS, City has worked to implement this Comprehensive Plan goal by establishing a state-of- the-art wastewater treatment and water reclamation facility; WHEREAS, Idaho DEQ has issued a Municipal Wastewater Reuse Permit, identified as Municipal Wastewater Reuse Permit No. M-21503 (the "Permif'), which allows City to use the City's recycled water and allows City to contract with other parties for the use of the City's recycled water; WHEREAS, the City uses recycled water for land application option for Class A effluent at various locations as specified by allowable uses in the Pen -nit, which will continue to conserve a significant amount of ground water and reduce City's discharge flows into surface waters; WHEREAS, City has constructed and operates a delivery system capable of delivering to User recycled water meeting the quality standards set forth herein; and WHEREAS, User intends to construct and operate an onsite private recycled water system in connection with landscape irrigation (insert other uses here) for the property described on Exhibit A, attached hereto and made a part hereof (the "Property"); NOW, THE, REFORE, for and in consideration of the recitals above which are incorporated below, the mutual covenants set forth herein, as well as in consideration of continued receipt of recycled water and in further consideration of such other values as may inure to City and User from the delivery and use of recycled water, City hereby agrees to deliver and User hereby agrees to receive recycled water on the following terms and conditions. 1, No Charge for Recycled'&ter. The cost to be paid by User for recycled water delivered by City as provided further herein shall be $0.00 (zero dollars). Whenever recycled water is utilized by the User and then returned to the sanitary sewer (examples: toilet flushing, car wash, etc.), the User will be charged the standard City rates for sewer use for that volume of water. User acknowledges that City may, in the future, adopt a commodity rate for recycled water, which rate shall apply to User. In the event that City adopts a commodity rate for recycled water this agreement will be void. JACKsoNs- RECYCLED WATER UspR AcREEmEw PAGE I OF 10 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a M a r c h 2 0 , 2 0 1 8 – P a g e 2 8 3 o f 4 2 6 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a M a r c h 2 0 , 2 0 1 8 – P a g e 2 8 4 o f 4 2 6 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a M a r c h 2 0 , 2 0 1 8 – P a g e 2 8 5 o f 4 2 6 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a M a r c h 2 0 , 2 0 1 8 – P a g e 2 8 6 o f 4 2 6 IN WITNESS WHEREOF, the parties hereto have duly approved and executed this Recycled Water Use Agreement as of the date first written above. USER: Jacksons Food Store CS� (Name, itle) STATE OF IDAHO ss: County of �— ) 6rbefI HEREBY CERTIFY that on this,jaday of #6r- before ore the undersigned, a Notary Pubfi in the State of Idaho, personally appeared , proven to me to be the person who execut the said instrument, and acknowledged to me that he executed the same. �RN �..+""""■v,,� IN WITNESS WHEREOF, I have hereunto set my haO P U '•., affixed my official seal, the day and year in this cert fits'[ ••�•'•.;�Tllslo above written. .1, • OTAR y '• L :c,• � • G PU13V .40 NotavlPubiic for Idaho '.. .9Q'' S '••paa•■• ` 4 PE Residing at ._ d � � ��I'dal)AlI �F •, My Commission Expires: CITY OF MERIDIAN: BY: / - ttest: _ Tammy erd, Mayor s C. Q Coles, City Clerk STATE OF IDAHO ) : ss saaaaaa •X y NE_ tv'••. . . TARS ,�,• '••• ATE -OV l �: • •••-*naaa••• County of Ada ) �QORPTED,4 O S� _° o Cnr�r w & 1 IDIAN,-. Z IDAHO \�. SEAL HEREBY CERTIFY that on this 9h`�1'1 day of JArz�2 before the undersiiggn�ed, personally appeared TAMMY do WEERD and C.JAY COLES, known or identified to me to he 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 same. W WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this cenificate first above written. --- 0h -/I JVI &n IJP , Notary Publicf ha ••^^ p tl^ n Residing at _ YJ�,( _ _ Idaho My Commission Expires:,3 otp XV—C _ Schedule of Exhibits: Exhibit A Legal Description of die Property Exhibit B Site Plan Depicting Point of Delivery of Recycled Water Exhibit C Recycled Water Signage Text and Location JACKSONS- RECYCLED WATER USER AGREFMFNT PAGE 6 OF 10 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a M a r c h 2 0 , 2 0 1 8 – P a g e 2 8 8 o f 4 2 6 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a M a r c h 2 0 , 2 0 1 8 – P a g e 2 8 9 o f 4 2 6 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a M a r c h 2 0 , 2 0 1 8 – P a g e 2 9 0 o f 4 2 6 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a M a r c h 2 0 , 2 0 1 8 – P a g e 2 9 1 o f 4 2 6