HomeMy WebLinkAboutRecycled Water User Agreement Citidel StorageRECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City Clerk
City of Meridian
33 E. Broadway Avenue
Meridian, ID 83642
ADA COUNTY RECORDER Christopher D. Rich 2018-042034
BOISE IDAHO Pgs=9 BONNIE OBERBILLIG 05/09/2018 12:39 PM
CITY OF MERIDIAN, IDAHO NO FEE
RECYCLED WATER USER AGREEMENT
This RECYCLED WATER USE AGREEMENT (this "Agreement") made this 2 7 day of
y2 k� I' I , 2018, by and between Citadel ;Storage, Conger Management Group
("User") and the City of Meridian, a municipal corporation organized under the laws of the state of
Idaho ("City").
WHEREAS, municipalities that typically discharge wastewater to the lower basin of the Boise River
have been required by the Idaho Department of Environmental Quality ("DE(X") 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-215-03 (the "Permit"), 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 Permit, 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, THEREFORE, 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.
I . No Charge for Recycled Water. 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.
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Meridian City Council Meeting Agenda May 8, 2018 — Page 262 of 416
2. Quality Standards. The recycled water delivered by City to User shall meet DEQ standards set for
Class A Municipal Water, User shall not be obligated to accept recycled water from City that does not meet
this standard.
3. Point of Delivery. City shall deliver the recycled water to the point of delivery depicted on the, site
plan of the Property, attached hereto as Exhibit B and made a part hereof. Unless otherwise specified, the
point of delivery is the pipe connection immediately downstream of recycled water meter setter. The City is
responsible for the infrastructure and regulatory requirements up to the point of delivery. The User is
responsible for the infrastructure and regulatory requirements past the point of delivery. The City has the
right to stop providing recycled water if the User is not compliant with regulatory and infrastructure
requirements past the, point of delivery.
4. Place of Use Recycled water delivered under this Agreement shall be used only on the Property,
5, Use. The recycled water delivered pursuant to this Agreement shall be used solely for the following
purpose-, Seasonal Landscape Irrigation, No other use of the recycled water shall be permitted,
6. Backflow Prevention. If a non :potable or potable, supplemental water source is interconnected with
City's recycled water system, reduced pressure backflow prevention assemblies shall be installed, at the sole
expense of the User, on both the other irrigation water source and the Class A source to prevent any cross
connections between the recycled water and the supplemental water source. All backflow prevention
assemblies shall be approved by City prior to installation, and tested on an annual basis. User is responsible
for the maintenance and annual testing of all such backflow prevention assemblies. User is encouraged to
only utilize secondary irrigation sources for landscape irrigation when City is unable, to deliver recycled
water. City shall use all good faith efforts to notify User within one (1) day of City's inability to deliver to
User recycled water and the reason therefor.
7. Retering. User shall be required to meter the quantity of recycled water delivered to the Property for
each type of use. The meter shall meet standard City specifications and shall be accessible to City. The cost
of the meter installation shall be the sole responsibility of the User.
8. Quanfity and Schedule. The City's recycled water production is limited due to production and
pumping capacities. In order to maximize the City's production ability, the User agrees to restrict water
usage to the following period(s) -
Landscape Irrigation
Period of Use: Only permitted for use from March 15''' -October 31' annually
Time of Day Restriction: Use permitted from 6:00am-2:00pm daily
In the event of a shortage of recycled water available, priority in delivery shall be given to City owned sites.
The period of use can change upon seven (7) days' notice from the City. The City reserves the right to
additionally restrict use, quantities.
9. Compliance with Regulations User agrees to comply, at User's sole cost and expense, with all state,
federal and local laws, regulations and standards, as now exist, or are later lawfully enacted, relating to the
use of recycled water after City's delivery of recycled water to the Property. City agrees to comply, at its sole
cost and expense, with all state, federal and local laws, regulations and standards, as now exist, or are later
lawfully enacted, relating to the recycled water system and the treatment, delivery and use of recycled water
prior to City's delivery of recycled water to the Property. Such laws, regulations, and standards may
include, but are not limited to: requirements and restrictions governing use of the recycled water, limits on
recycled water contact with employees, guests, members of the public and adjoining properties, control of
CrFADHL RwYcIED WATER USER AGREEMENT PAGE 2 OF 10
Meridian City Council Meeting Agenda May 8, 2018 — Page 263 of 416
access to the recycled water, the recycled water system, and the area of recycled water storage and use, and
warning signs on the delivery system and The area of use. The User agrees to follow all Policies, Procedures,
and specifications outlined in the, most current version of the Reclaimed Water User Manual provided to the
user. The, User will ensure no runoff or ponding resulting from use of recycled water on their site. The User
agrees to provide the Reclaimed Water User's Manual to any person working on or around the reclaimed
system. The User will install and maintain all reclaimed infrastructure beyond the point of delivery according
to guidefines established in the, Permit, including: All exposed and above ground piping, risers, fittings,
pumps, and valves shall be purple in color (Pantone 512, 522 or other approved equivalent); all piping shall
be purple in color (Pantone 512, 522 or other approved equivalent) and identified using an accepted means of
labeling. User shall install signs on the Property in connection with use of the recycled water. Warning signs
and labels shall read, in both English and Spanish, "Caution: Recycled Water — Do Not Drink; Agua
Reclarnada-No Beber" or equivalent. Example signage is included in Exhibit C.
10. Commencement of Service. User agrees to give City fifteen (15) days" notice prior to the first time
service is initiated under this Agreement.
1 L Term The term of this Agreement shall be coterminous with the term of the Permit and any renewal
or replacement thereof, unless earlier terminated by either Party.
12. Resale of Recycled V4T ter. User shall not resell recycled water delivered by City under this
Agreement.
13. Approval, The parties hereto acknowledge that, under existing and proposed regulations, this
Agreement has been approved as to fonn by DEQ. The parties hereby agree to modify this Agreement in
writing to the extent that such amendment is reasonably necessary in order to comply with DEQ
requirements or regulations promulgated by DEQ.
14, Inspection. User acknowledges and agrees that in order to verify compliance with this Agreement or
with applicablelaws and regulations, City, State, or other agencies with appropriate jurisdiction may inspect
the recycled water system at the Property, with notice, at a reasonable time annually, or without notice in
emergency situations or where necessary to ensure compliance.
15. _Approvals and Notifications. User specifically acknowledges that it has the responsibility to inform
notify, and/or request inspection and approvals from various agencies, including the City's Building
Department, for certain activities relating to the construction, maintenance, and operation of User's recycled
water system on the Property, including, but not limited to: materials; construction; facility testing;
violations; and emergency situations.
ler lation: cur, the defaulting party shall
cure The. parties agree that if grounds for termination occur,
have thirty (30) days after mailing of notice of such default to correct the same prior to the non -defaulting
party's seeking of any remedy provided for herein-, provided, however, that in the case of any such default
which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall
commence to cure the same within such thirty (30) day period and thereafter shall continue efforts to eive
with diligence and continuity, then the time within which such may be cured shall be extended for such
period as may be necessary to complete the cure with diligence and continuity, if the defaulting party fails to
cure or make efforts to cure the default as set forth herein, this Agreement may be terminated by either party
upon sixty (60) days' written notice. Grounds for termination shaft include:
a. Either party's failure to Comply with any provision of the Manual;
b, Either party's default, or violation of any provision of this Agreement;
c. Either party's failure to comply with the Permit;
d. The purpose(s) for the use of recycled water, as described in this Agreement, no longer exist; or
CrrADFL REcycLED WATER UsFR AGREEMENT PAGE 3 OF 10
Meridian City Council Meeting Agenda May 8, 2018 — Page 264 of 416
e. Changes in DEQ Permitting Or Other regulatory requirements mare continued operation Of City's
recycled water system a nonviable option
Where
17, Re Md—W—at—er -U—scrs�ManTal. , there is a conflict between this Agreement and the Manual,
.-lic, User is responsible for awareness Of, and compliance with, all
the provisions of the Manual shall apply. I
requirements of the Manual and all DEQ regulations -
City and User shall mutually cooperate and expeditiously Perform all acts
18. LCooRcration. Mt, and
necessary or appropriate to discharge all obligations contained in or contemplated by this Agreeme
,t to any other matters that may arise in connection with the Property andor the recycled water
with respect not reasonably foreseeable by User or City as of the date/of this, Agreement.
and recycled water system
19. Miscellaneous.
Notices. Any notice required to be given hereunder shall be in 2writing and shall be deemed
-n sent by confirined
effectively
given,
. (1) upon personal delivery to the party to be notified; () when:
electronic mail (i.e., e-mail); or (c) upon deposit in the U.S. mail. All communications shall be to the
respective parties to this Agreement at the following addresses:
City:
3401 N Ten We- Rd, Meridian 1D 83646
Email: watcrOmeridiancity-org
User:
C rip, C c
-,3hzTwftes hereto -acknowledge and agree that time is strictly Of the
(b)
essence with respect to each and every term, condition and provision hereof, and that the failure to
Jjmely perform any of the obligations hereunder shall constitute a breach of and a default under this
Agreement by the party so failing to perform.
(c) Final Agreement. This Agreement sets forth all promises, inducements, agreements,
conditions and understaadiug!5 between User and City relative to the subject matter hereof, and there
are COR&tiOn"I'mWerstanding, either oral or written, express or implied,
between 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 Winding upon the
parties hereto unless reduced to writing and signed by them or their successors in interest or their
assigns.
(d) Binding upon Successors. This Agreement shall be binding upon and inure to the benefit of
the parties' respective 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 benefited andboundby the conditions and restrictions herein expressed,
CITADEL RECycLW 'WATER USER AGREEMENr
Meridian City Council Meeting Agenda May 8, 2018 — Page 265 of 416
PAGE 4 OF 10
Invalid Provisions. 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.
(t) Compatibility, This Agreement is intended to be supplemental to all other local, City, State
and Federal Code requirements, rules and regulations, and is established to assure compatibility of
the, resulting land use with the surrounding area. Provided, however, that to the extent this
Agreement conflicts with any provision of the Meridian City Code, other than a future duly adopted
Amendment to Meridian City Code in connection with a commodity rate for recycled water, this
Agreement shall prevail to the extent permitted by law.
(g) Relationship of the Parties. It is hereby specifically understood and acknowledged that
development of the Property is a private project and that neither City nor User will be deemed to be
the agent of the other for any purpose whatsoever.
(h) Excusable Non -Performance. In the event of an Act of God, natural catastrophe, war, civil
insurrection, accidents, acts of governmental or judicial bodies other than City, or any unexpected
occurrences beyond the control of either party which shall materially interfere with the ability of City
to deliver recycled water to User, or the ability of User to accept, transmit or distribute recycled
water, the failure of either party to perform its obligation under this Agreement shall be excused so
Icing as the condition interfering with performance continues. The maintenance and operation of
City's sewer system and of the Meridian Wastewater Treatment Plant shall be solely within the
discretion of City; and in the event City discontinues the treatment plant operation and the treatment
plant is not replaced by another plant, all obligations of either party to perform shall cease without
prejudice to any claimed or asserted rights of either party existing prior to the execution of this
Agreement.
(i) Attorneys' Fees. Should any litigation be commenced between the parties hereto concerning
this Agreement, court costs and reasonable attorneys' fees shall be determined and awarded by a
Court of competent jurisdiction as allowed by law. This provision shall be deemed to be a separate
contract between the parties and shall survive any default, termination or forfeiture of this
Agreement.
0) Remedies Cumulative. All remedies herein are cumulative and, to the extent not wholly
inconsistent with each other, may be enforced simultaneously of separately, at the sole discretion of
City and/or User.
(k) Governing Law, This Agreement shall be, governed by the law-, of the State of Idaho. The
venue for any action arising out of this Agreement shall be exclusively in the District Court of the
4th Judicial District of the State of Idaho, Ada County, or in the United States District court for the
District of Idaho.
(1) Waiver. Waiver by City or User of any breach of any term, covenant or condition shall not
be deemed to be a waiver of that term, covenant or condition on any subsequent breach Of such term,
covenant or condition or any other term, covenant or condition. No term, covenant or condition of
this Agreement shall be deemed to have been waived by City or User unless the waiver is in writing
by City or User.
(m) Counterparts. This Agreement may be executed in two or more counterparts, each of which
shall be deemed an original, but all of which together shall constitute one, and the same instrument.
OTADEL RECYCLED WATER UsElz AGREEMFNT PAGE 5 OV 10
Meridian City Council Meeting Agenda May 8, 2018 — Page 266 of 416
IN WITNESS WHEREOF, the parties hereto have duly approved and executed this Recycled Water
Use Agreement as of the date first written above.
USEi R
Citadel Storage
(Nam , Title)
TAR'
�. �UB1,L6
CITY
STATE OF IDAHO )
} ss:
County of
I HEREBY CERTIFY that on this _ day of g -
before the undersigned a Notary Public in the State of Idaho,
personally appeared aVw! ire , proven to me to
be the person who executed the said instr went, 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 this certificate first
above written.
Notary Public for Idaho
Residing at .. ��$ tst2 lb , Idaho
My Commission Expires:
(C '' City of -
Attest. ' r,/E IDIAN'-
C.Jay Coles, My C !DAMO
SEAL
S'T'ATE OF IDAHO )
ss
2o� `•
County of Ada )�RortheTR'�PSJ�
I R -BY CERTIFY that on this V� day of
> before the undersigned, personally
appeared TAMMY de WEERD and CJAY 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 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.
r1 q Notary Public f h U
My Commission Expires.
'at D ' aO" a Residing at i n , Idaho
Schedule of Exhibits:`
Exhibit A Legal Description of the Property
Exhibit B Site Plan Depicting Point of Delivery of Recycled Water
Exhibit C Recycled Water Signage Text and Location
CITAIJEL REcyciED WATERUSERAGRERmENT PAoR6oR 10
EXHIBIT A
Legal Description of the Property
Parcel: 80434417201
Year: 2018
Parcel Status: Active in 2018
Primary Owner.
CITADEL STORAGE LLC
Zone Code: I -L
Total Acres: 9.660
Tax Code Area: 242
Property Description:
NE4SE4
SEC 34 4N 1W
#417200-14
MGUER972708 98-63-307B
QTADm RECYCLED WATF-R UsER A(mTmENT
Meridian City Council Meeting Agenda May 8, 2018 — Page 268 of 416
PAG E70FIO
EXHIBIT B
Site Plan Depicting Point of Delivery of Recycled Water
CrrADEL REcycLEL) WA TJsFR AG p-mENT
Meridian City Council Meeting Agenda May 8, 2018 — Page 269 of 416
PAGE 8 of 10
1UNr
r4-.4xHIBIT C
Recycled Water Signage Text and Location
CAUTtON
WOOAM W"
00 NM DONK
OTADEL FEcyuED WATER USER AGREEmENT
Meridian City Council Meeting Agenda May 8, 2018 — Page 270 of 416
PAGE 90F10