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Home My WebLink AboutAgreement for Domestic Water/Sewer 750 W Ustick Rd.ADA COUNTY RECORDER Christopher D. Rich 2018-047087 BOISE IDAHO Pgs=9 BONNIE OBERBILLIG 05/23/2018 10:25 AM CITY OF MERIDIAN, IDAHO NO FEE AGREEMENT FOR EXTENSION OF DOMESTIC WATER AND SEWER SERVICE OUTSIDE MERIDIAN CITY LIMITS: 750. Ustick Rd Meridian, ID 83642 This AGREEMENT FOR EXTENSION OF DOMESTIC WATER AND SEWER SERVICE OUTSIDE MERIDIAN CITY LIMITS is made this 21day of /i -q � f , 2018, 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 Zina Ann Denny, (hereinafter "User") (collectively, "Parties"). WHEREAS, User is the owner of parcel numbered S0531438411 with an address of 750 E. Ustick Rd., Meridian, Ada County, Idaho, with a legal description of PAR #8410 @ S SIDE S2, SEC 31 4N 1E, PARCEL 1 R/S 9145 EXC R/W #438410B (hereinafter "Subject Property"), which real properties are located outside of Meridian City limits; WHEREAS, the City is authorized by Idaho Code section 50-323 to develop, operate, and maintain a domestic water supply, and to protect the same from contamination, and the City does exercise such authority, including by the adoption and enforcement of Title 9, Chapters 1 and 4, Meridian City Code; WHEREAS, the City is authorized by Idaho Code section 50-332 to operate and maintain a domestic sewer system, and the City does exercise such authority, including by the adoption and enforcement of Title 9, Chapter 4, Meridian City Code; WHEREAS, in or about April, 2017, a roadway project by the Ada County Highway District ("ACHD") necessitated disconnection of the septic system from the residence at Subject Property and disconnection of the private water well at Subject Property for domestic purposes, in turn requiring User to connect the residence at the Subject Property to the City water and sewer systems; 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. DrrINTIONS. For purposes of this Agreement, the following words, terms, and phrases shall be defined and interpreted as provided herein, unless the clear context of the presentation of same requires otherwise: A. "ACHD" shall mean the Ada County Highway District, a public body corporate and politic, organized under the laws of the State of Idaho, whose address is 3775 Adams St. Garden City, Idaho 83714. AGREEMENT FOR EXTENSION OF DOMESTIC WATER AND SEWER SERVICE OUTSIDE MERIDIAN CITY LIMITS PAGE 1 OF 8 B. "Agreement" shall mean the instant Agreement for Extension of Domestic Water and Sewer Service Outside Meridian City Limits. C. "User" shall mean the Zina Ann Denny, the sole owner in law and equity of Subject Property as of the Effective Date of this Agreement. D. "City" shall mean 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. E. "Parties" shall mean, collectively, City and User. P. "Subject Property" shall mean the parcel numbered S0531438411 with an address of 750 E. Ustick Rd, Meridian, Ada County, Idaho and legally described as PAR 48410 @ S SIDE S2, SEC 31 4N lE, PARCEL 1 R/S 9145 EXC R/W #438410B. As of the Effective Date, the Subject Property has not been annexed into the City of Meridian and is therefore outside of Meridian City limits. II. COMMITMENTS BY CITY. A. Provision of Services. At all times relevant hereunder, City shall provide sewer and water services to the Subject Property, subject to the terms and conditions of this Agreement and any and all applicable laws and City ordinances. B. Billing. City shall bill User monthly for sewer and water usage according to the metering, accounting, and billing system in place under Meridian City Code and the policies and practices of the City of Meridian. C. Recordation. City shall record this Agreement in the land records of Ada County, Idaho. III. COMMITMENTS BY USER. A. Payment for City services. User shall be responsible for fulfilling its obligation to pay to City any and all costs related to sewer and water infiastructure construction, materials, and connection, including, but not limited to, hookup, assessment, meter installation, and inspection fees. Upon connection to the City's sewer and/or water system, User shall pay to City all applicable fees and costs for sewer and water services provided, including, but not limited to use fees, as such are calculated and billed by City as set forth herein and established by law or City ordinance. The exclusive remedy for disputes, objections, or appeals regarding such fees and charges shall be appealed to the Board of Appraisers under the procedure set forth in Meridian City Code. Notwithstanding any other provision of this Agreement, this provision shall be binding upon User and upon any and all successors in interest of User and/or to the Subject Property. B. No cross -connection. User shall abide by and comply with any and all applicable provisions of law, which shall specifically include, but shall not be limited to, compliance with Chapter 3, AGREEMENT FOR EXTENSION OF DOMESTIC WATER AND SEWER SERVICE OUTSIDE MERIDIAN CITY LIMITS PAGE 2 OF 8 Title 9, Meridian City Code and/or any and all similar ordinances subsequently adopted, which prohibit the installation and/or maintenance of a cross -connection to the City's water system. This provision shall be binding upon User and upon any and all successors in interest of User and/or to the Subject Property. C. Consent to annexation. User specifically agrees that, as a specific consideration of City's willingness to enter into this Agreement, User shall, and hereby does, provide perpetual consent to annexation of the Subject Property into the City of Meridian. This provision shall comprise evidence of User's consent to annexation as to the Subject Property, and shall be binding upon all subsequent purchasers, heirs, or assigns of the Subject Property. Notwithstanding any other provision of this Agreement, this provision shall be binding upon User and upon any and all successors in interest of User and/or to the Subject Property. D. Annexation application. Within ten (10) business days of the approval of this Agreement, User shall, at User's sole expense, submit an Annexation Application for the Subiect Property into the City of Meridian. User's Annexation Application shall be a complete submittal of all City -required documents, exhibits, and fees for requesting annexation into the corporate boundary that are in effect at the time of application. Such Annexation Application shall propose zoning designations consistent with the Future Land Use Map designation of the City's Comprehensive Plan. E. Consent to entry. User shall, and hereby does, provide perpetual consent and access to the City to enter the Subject Property for the purpose of inspecting any and all sewer and/or water pipes, connections, and related infrastructure. Except as to routine meter readings or in the event of an imminent or realized threat to the public health, safety, or welfare, City shall provide User at least twenty-four (24) hours prior notice of such entry; such notice may be verbal or written and may be posted at one (1) of the Subject Property. IV. GENERAL PROVISIONS. A. Default. Any failure to perform the terms and conditions of this Agreement, or any portion thereof, shall be a default hereunder. In the event of a default, the non -defaulting party may serve a written Notice of Default upon the defaulting party by the method set forth herein. Except in case of an imminent or realized threat to the public health, safety, or welfare, the defaulting party shall have thirty (30) days following delivery of such notice to cure or correct the default before the non -defaulting party may seek any remedy as provided herein. Notwithstanding any other provision of this Agreement, this provision shall be binding upon the Parties and upon any and all successors in interest thereof. B. Enforcement. This Agreement shall be enforceable in any court of competent jurisdiction by either City or User, or any respective successor(s) in interest thereof. An action at law or in equity, as appropriate, shall lie to secure specific performance of any covenant, agreement, condition, commitment, and/or obligation set forth herein. In addition, remedies available to City shall include, but shall not be limited to, termination of sewer and/or water service to User, to any successor(s) in interest, and/or to any sewer or water user located on the Subject Property. AGREEMENT FOR EXTENSION OF DOMESTIC WATER AND SEWER SERVICE OUTSIDE MERIDIAN CITY LIMITS PAGE 3 OF 8 C. Notices. Any notice desired by the Parties or required by this Agreement shall be deemed delivered after deposit in the United States Mail, postage prepaid, addressed as follows: City: City of Meridian Attn: Public Works Department Director 33 E. Broadway Ave. Meridian, Idaho 83642 User: Zina Ann Denny 750 E. Ustick Meridian, Idaho 83646 Either Party may change its address for the purpose of this section by delivering to the other Party written notification of such change, establishing a new address for noticing purposes, in accordance with the requirements of this section. D. Time is of the essence. The Parties 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 and default hereunder by the Party so failing to perform. E. Binding upon successors. Except as otherwise specifically provided herein, this Agreement shall be binding upon any and all owners of the Subject Property, any and all subsequent owners thereof, and each and every other person acquiring an interest in the Subject Property. Nothing herein shall, or shall be construed to, in any way prevent the sale or alienation of the Subject Property, or any portion thereof, except that any sale or alienation shall occur subject to the provisions of this Agreement, and any successive owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. F. Severability. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such provision shall be deemed to be exised hereflom and the invalidity thereof shall not affect any other provision or provisions contained herein. G. 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 fees as determined by such court. This provision shall be deemed to be a separate contract between the Parties and shall survive, inter alia, any default, termination, or forfeiture of this Agreement. H. Final Agreement. This Agreement sets forth all promises, inducements, agreements, conditions, and understandings between City and User relative to the subject matter hereof, and there are no promises, agreements, conditions, or understandings, either oral or written, express or implied, between City and User, other than as are stated herein. Except as otherwise specifically provided herein, no subsequent alteration, amendment, change, or addition to this AGREEMENT FOR EXTENSION OF DOMESTIC WATER AND SEWER SERVICE OUTSIDE MERIDIAN CITY LIMITS PAGE 4 OF 8 Agreement shall be binding upon the Parties unless set forth in writing and duly executed by both Parties or their successors in interest. I. Non -waiver. Failure of either Party to promptly enforce the strict performance of any term of this Agreement shall not constitute a waiver or relinquishment of any Party's right to thereafter enforce such term, and any right or remedy hereunder may be asserted at any time after either party becomes entitled to the benefit thereof, notwithstanding delay in enforcement. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. J. Compliance with laws. Throughout the course of this Agreement, the Parties shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. The City's ordinances appertaining to the regulation, control, and use of its sewer and water systems, and any prospective amendments to and/or recodifications thereof, are specifically and without limitation incorporated into this Agreement as if set forth fully herein. K. Advice of attorney. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its attorney or the opportunity to seek such advice. L. Approval Required: This Agreement shall not become effective or binding until approved by the City Council of the City of Meridian. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this 21"day USER M l� Zina Ann Denny: BY � STATE OF IDAHO ss County of Ada ) This record was acknowledged before me on the 2_ day of 2018. ASHLI CIVIELLO EAOES Ey: Zinj Ann Denny Notary Public As Individual State of Idaho Qary Public for Idaho My Commission Expires: k,j3\� t-- AGREEMENT FOR EXTENSION OF DOMESTIC WATER AND SEWER SERVICE OUTSIDE MERIDIAN CITY LIMITS PAGE 5 OF 8 PQ0 #,TE0 gVGL� CITY OF MERIDIAN: Citvor o E I W DAHTammy er , ayor L, C. ay Cols City Clerk h a re TREASV�� P�v STATE OF IDAHO ) ss County of Ada ) •...�..r Z018 • �•'�,ENE ,'�.• I HEREBY CERTIFY that on this _Zeday of Q¢%oTAR 7 * before the undersigned, personally appeared TAMMY de ERD and •, C.JAY COLES, known or identified to me to be the Mayor and City U; 3 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 •i G .' p of Meridian executed the same. PUBti1Q`�6 IN WITNESS WHEREOF, I have hereunto set my hand and affixed ••�`9.?'E^OF 1..•� my official seal the day and year in this certificate first above written. Notary Public for Idaho Residing at,Idaho My Commission Expires: AGREEMENT FOR EXTENSION OF DOMESTIC WATER AND SEWER SERVICE OUTSIDE MERIDIAN CITY LIMITS PAGE 6 OF 8 E Auk tt /Yds' •a1 I �' �� T=V JJ,� Property Details for Parcel S0531438411 and Year 2017 Back to Parcel Search Parcel: S0531438411 Year: 2017 Primary Owner: DENNY ZINA ANN Zone Code: R1 Total Acres: 0.379 Tax Code Area: 242 Instrument Number: 2015117978 Property Description: PAR #8410 @ S SIDE S2 SEC 31 4N lE PARCEL 1 R/S 9145 EXC R/W #438410B Address: 750 E USTICK RD MERIDIAN , ID 83646 Subdivision: 4N lE 31 Land Group Type: SECT Township/Range/Section: 4N1E31 Valuation Details Role SCC Property 120 RESIDENTIAL TRACT Property 340 RES IMPROVEMENT Valuation History Year Value 2017 $147,600 2016 $138,000 2015 $130,700 Acreage Assessed Value 0.379 $69,600 0.0 $78,000 Tax Districts Tax Levy Description District 1 0.002953537 ADA COUNTY 2 0.000131285 PEST EXTERMINATION 3 0.000146049 EMERGENCY MEDICAL 6 0.000923828 ADA COUNTY HIGHWAY DIST 8 0.003773321 SCHOOL DISTRICT NO. 2 12 0.000525937 MERIDIAN LIBRARY 24 0.000051486 MERIDIAN CEMETERY 30 0.002012556 MERIDIAN FIRE 43 0.000028307 MOSQUITO ABATEMENT 46 0.000080141 WESTERN ADA RECREATION 100 0.000153551 COLLEGE OF WESTERN IDAHO Total Levy: 0.010779998000000002 Taxes, Certifications, and Fees Year Total Taxes Taxes Paid Taxes Due 2017 $1,591.14 $1,591.14 $0.00 Valuation Code Area Method MARKET 242 COST 242 Phone 208-287-7000 208-577-4646 208-287-2962 208-387-6123 208-855-4500 208-888-4451 208-376-3929 208-888-1234 208-577-4646 208-887-1730 208-562-3295 Delinquent Tax Data Current as of No 05/14/2018 AK IL R (T tP �1 rn L3 h 4� w 8 12.194 i Ak L cd- CT, W , C o _ V 1AM art , w cn CD n R sn co'