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HomeMy WebLinkAboutExtra Space Storage - Recycled Water User AgreementRECORDING REQUESTED BYAND WHEN RECORDED RETURN TO: City Clerk City of Meridian 33 E. Broadv✓ay Avenue Meridian, ID 83642 ADA COUNTY RECORDER Phil McGrane 2019-045045 BOISE IDAHO Pgs=9 BONNIE OBERBILLIG 05/29/2019 11:37 AM CITY OF MERIDIAN, IDAHO NO FEE RECYCLED WATER USE, AGREEMENT This RECYCLED WATER USE AGREEMENT (this "Agreement") made this day of 20A, -20+8 -,by and between Extra Space Storage (3959 N Ten Mile Rd, Meridi D) ("User") and the City of Meridian, a municipal corporation organized under the laws of the state of Idaho (COV"). WkIEREAS, 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, die 'use. of recycled water throughout City (die 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, 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 feonr 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 Reeycled 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, eto,), 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, Meridian City Council Meeting Agenda May 28, 2019 – Page 136 of 664 Meridian City Council Meeting Agenda May 28, 2019 – Page 137 of 664 Meridian City Council Meeting Agenda May 28, 2019 – Page 138 of 664 Meridian City Council Meeting Agenda May 28, 2019 – Page 139 of 664 (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. IN WITNESS WHEREOF, the parties hereto have duly approved and executed this Recycled Water Use Agreement as of the date first written above. USER: Extra Space Storage TV &s of L �!b 6 rl (Name, Title) I No Ab'da r,'WQr .ry IDONNA PORRITT a Notary Public State of Utah Comm, No. 643147 4_ My Commission Expires on 7 t Feb 3, 2021 CITY OF MERIDIAN: BY. ammy de eerd, Mayor CHARLENE WAY COMMISSION 067390 NOTARY PUBLIC STATE OF IDAHO MY COMMISSION EXPIRES 3/28/22 STATE OF 1V F1^ ) ss: County of 5o ,1+ 1 r- e- ) I HEREBY CERTIFY that on this Z191- day of Dy -q, before the undersigned, a Notary Public in the State of4dat".A— personally appeared T'S 5 +-dkes , proven to me to be the person who executed the said instrument, 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 for4dahs-- l/� ►�t— Residing at -,;&A* )-. k L, My Commission Expires: V - o 1 ^ Wiry of w Attest: Yl C lUTAM- son, City Clerk IDAHO SEAL STATE OF ID IO ss County of Ada ) I �IREBY CERTIFY that on this 98.1 day of , 2019 before the undersigned, personally appeared TAMMY de WEERD and Chris Johnson, 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 seat the day and year in this certificate first above written. UwwilLkPA' Notary Public for Idaho Residing at-.�nAA I AAk , Idaho My commission expires: 3 -LL'g 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 Meridian City Council Meeting Agenda May 28, 2019 – Page 141 of 664 EXHIBIT B Site Plan Depicting Point of Delivery of Recycled Water Meridian City Council Meeting Agenda May 28, 2019 – Page 142 of 664 1UNr r4-.4xHIBIT C Recycled Water Signage Text and Location CAUTtON WOOAM W" 00 NM DONK Meridian City Council Meeting Agenda May 28, 2019 – Page 143 of 664