HomeMy WebLinkAboutWalmart Recycled Water Use Agreement First AddendumRECORDING REQUESTED BYAND
WHEN RECORDED RETURN TO:
City Cleric
City of Meridian
33 E. Broadway Avenue
Meridian, ID 83642
(0841)
FIRST ADDENDUM TO RECYCLED WATER USE AGREEMENT
This FIRST ADDEN UM TO RECYCLED WATER USE AGREEMENT ("First
Addendum") is made this day of U Lt)aC , , 2019, by and among, Walmart Inc.,
a corporation organized under the laws of the state of Delaware ("User V), CFT NV
Developments, LLC, a limited liability company organized under the laws of the state of Nevada
("User 2" or "CFT"), ICON Credit Union, an Idaho chartered credit union ("User 3"), and the City
of Meridian, a municipal corporation organized under the laws of the state of Idaho ("City").
WHEREAS, User 1 owned and developed the real property described on Exhibit A.
WHEREAS, on October 14, 2014, City and User 1 entered into a Recycled Water Use
Agreement ("2014 Recycled Water Use Agreement"), a copy of which is attached hereto as Exhibit
B, to provide recycled water for landscape irrigation to the foregoing real property, now identified
as Ada County parcels numbered RI 511000010, RI 511000020, RI 511000030, RI 511000040, and
RI 511000050, which parcels (also defined below as the User 1 Parcel, the User 2 Parcel and the
User 3 Parcel) are depicted on Exhibit C;
WHEREAS, User 1 presently owns Ada County parcel nos. R1511000020, RI511000030,
and R1511000040 (collectively, the "User 1 Parcel");
WHEREAS, User 2 (or CFT) presently owns Ada County parcel no. R1511000010 (the
"User 2 Parcel");
WHEREAS, User 3 presently owns Ada County parcel no. R1511000050 (the "User 3
Parcel");
WHEREAS, User 1, User 2 and User 3 may sell or otherwise convey ownership of any one
or more of the five identified parcels to one or more third parties (each, a "Future User");
WHEREAS, it is the intent of the parties in entering into, and recording, this First
Addendum and attached Exhibits, to articulate and identify present parcel ownership and
compliance responsibilities as between User 1, User 2, User 3, and/or any Future User in the course
of the shared use of a joint recycled water system;
WHEREAS, on November 21, 2017, the Idaho Department of Environmental Quality
("IDEQ") issued Reuse Permit M-215-03, a copy of which is attached hereto as Exhibit D;
NOW, THEREFORE, in consideration of these recitals and exhibits, which are
incorporated herein, and the mutual covenants set forth herein, the parties hereby agree as follows.
FIRST ADDENDUM TO RECYCLED WATER USE AGREEMENT - I
Meridian City Council Meeting Agenda June 4, 2019 – Page 266 of 467
Meridian City Council Meeting Agenda June 4, 2019 – Page 267 of 467
Meridian City Council Meeting Agenda June 4, 2019 – Page 268 of 467
USER 3:
ICON Credit Union, an Idaho
chartered credit union
Name, 1 ;It e
qob e"L 0
OHVC31 dO 31VI S -
oriand AkMON
L9c0 NOWIMM
gNMEU AaN ARM
CITY OF MERIDIAN:
BY:
Tammy eerd, Mayor
CHARLENE WAY
COMMISSION #67390
NOTARY PUBLIC
STATE OF IDAHO
MY COMMISSION EXPIRES 3/28/22
Schedule of Exhibits:
STATE OF IDAHO )
) Bs:
County of,__ )
I HEREBY CERTIFY that on this 12- day at',zoo Of
before the undersigned, a Notary Public in the $tate ofr �tcl no,
personally appeared y proven to me to
be the person who cmuled tho said instrull4ent, and
acknowledged to me that he executed the same.
WITNESS WHEREOF, I have hereunto set my hand and
xed my official seal, the day and year in this certiFcate fli
V
ej
o sr
W
= city of 1
Attest: -E IDIAN—
_...: -... ...IDAHO
's
y
STATE OF ID O ) `SEALFti �P
is r'2olthe TRV—
County of Ada 1
IEREBY CERTIFY that on this q*1 day of
dune. ,, 2019 before the undersigned,rsonally
appeared TAMMY de WEERD and Chrt5, ob,n�r�
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.
Notary Public or aho
Residing at , Idaho
My Commission Expires: 2 - all� -a(3
Exhibit A - Legal Description of the Property
Exhibit B - Recycled Water Use Agreement
Exhibit C - Depiction of the User I Parcel, the User 2 Parcel, the User 3 Parcel, and the P.O.C.
Exhibit D - Reuse Permit M-215-03
FIRST ADDENDUM TO RECYCLED WATER USE AGREEMENT - 4
Meridian City Council Meeting Agenda June 4, 2019 – Page 270 of 467
Meridian City Council Meeting Agenda June 4, 2019 – Page 271 of 467
EXHIBIT B - 1
EXHIBIT B
Recycled Water Use Agreement
Meridian City Council Meeting Agenda June 4, 2019 – Page 272 of 467
EXHIBIT B - 2
Meridian City Council Meeting Agenda June 4, 2019 – Page 273 of 467
EXHIBIT B - 3
Meridian City Council Meeting Agenda June 4, 2019 – Page 274 of 467
EXHIBIT B - 4
Meridian City Council Meeting Agenda June 4, 2019 – Page 275 of 467
EXHIBIT B - 5
Meridian City Council Meeting Agenda June 4, 2019 – Page 276 of 467
EXHIBIT B - 6
Meridian City Council Meeting Agenda June 4, 2019 – Page 277 of 467
EXHIBIT B - 7
Meridian City Council Meeting Agenda June 4, 2019 – Page 278 of 467
EXHIBIT B - 8
Meridian City Council Meeting Agenda June 4, 2019 – Page 279 of 467
EXHIBIT B - 9
Meridian City Council Meeting Agenda June 4, 2019 – Page 280 of 467
EXHIBIT B - 10
Meridian City Council Meeting Agenda June 4, 2019 – Page 281 of 467
EXHIBIT B - 11
Meridian City Council Meeting Agenda June 4, 2019 – Page 282 of 467
EXHIBIT B - 12
Meridian City Council Meeting Agenda June 4, 2019 – Page 283 of 467
EXHIBIT B - 13
Meridian City Council Meeting Agenda June 4, 2019 – Page 284 of 467
EXHIBIT B - 14
Meridian City Council Meeting Agenda June 4, 2019 – Page 285 of 467
EXHIBIT B - 15
Meridian City Council Meeting Agenda June 4, 2019 – Page 286 of 467
EXHIBIT B - 16
Meridian City Council Meeting Agenda June 4, 2019 – Page 287 of 467
EXHIBIT B - 17
Meridian City Council Meeting Agenda June 4, 2019 – Page 288 of 467
EXHIBIT B - 18
Meridian City Council Meeting Agenda June 4, 2019 – Page 289 of 467
EXHIBIT B - 19
Meridian City Council Meeting Agenda June 4, 2019 – Page 290 of 467
EXHIBIT B - 20
Meridian City Council Meeting Agenda June 4, 2019 – Page 291 of 467
EXHIBIT B - 21
Meridian City Council Meeting Agenda June 4, 2019 – Page 292 of 467
EXHIBIT B - 22
Meridian City Council Meeting Agenda June 4, 2019 – Page 293 of 467
EXHIBIT B - 23
Meridian City Council Meeting Agenda June 4, 2019 – Page 294 of 467
EXHIBIT B - 24
Meridian City Council Meeting Agenda June 4, 2019 – Page 295 of 467
EXHIBIT B - 25
Meridian City Council Meeting Agenda June 4, 2019 – Page 296 of 467
EXHIBIT B - 26
Meridian City Council Meeting Agenda June 4, 2019 – Page 297 of 467
EXHIBIT B - 27
Meridian City Council Meeting Agenda June 4, 2019 – Page 298 of 467
Meridian City Council Meeting Agenda June 4, 2019 – Page 299 of 467
EXHIBIT D - 1
EXHIBIT D
Reuse Permit M-215-03
Meridian City Council Meeting Agenda June 4, 2019 – Page 300 of 467
EXHIBIT D - 2
Meridian City Council Meeting Agenda June 4, 2019 – Page 301 of 467
EXHIBIT D - 3
Meridian City Council Meeting Agenda June 4, 2019 – Page 302 of 467
EXHIBIT D - 4
Meridian City Council Meeting Agenda June 4, 2019 – Page 303 of 467
EXHIBIT D - 5
Meridian City Council Meeting Agenda June 4, 2019 – Page 304 of 467
EXHIBIT D - 6
Meridian City Council Meeting Agenda June 4, 2019 – Page 305 of 467
EXHIBIT D - 7
Meridian City Council Meeting Agenda June 4, 2019 – Page 306 of 467
EXHIBIT D - 8
Meridian City Council Meeting Agenda June 4, 2019 – Page 307 of 467
EXHIBIT D - 9
Meridian City Council Meeting Agenda June 4, 2019 – Page 308 of 467
EXHIBIT D - 10
Meridian City Council Meeting Agenda June 4, 2019 – Page 309 of 467
EXHIBIT D - 11
Meridian City Council Meeting Agenda June 4, 2019 – Page 310 of 467
EXHIBIT D - 12
Meridian City Council Meeting Agenda June 4, 2019 – Page 311 of 467
EXHIBIT D - 13
Meridian City Council Meeting Agenda June 4, 2019 – Page 312 of 467
EXHIBIT D - 14
Meridian City Council Meeting Agenda June 4, 2019 – Page 313 of 467
EXHIBIT D - 15
Meridian City Council Meeting Agenda June 4, 2019 – Page 314 of 467
EXHIBIT D - 16
Meridian City Council Meeting Agenda June 4, 2019 – Page 315 of 467
EXHIBIT D - 17
Meridian City Council Meeting Agenda June 4, 2019 – Page 316 of 467
EXHIBIT D - 18
Meridian City Council Meeting Agenda June 4, 2019 – Page 317 of 467
EXHIBIT D - 19
Meridian City Council Meeting Agenda June 4, 2019 – Page 318 of 467
EXHIBIT D - 20
Meridian City Council Meeting Agenda June 4, 2019 – Page 319 of 467
EXHIBIT D - 21
Meridian City Council Meeting Agenda June 4, 2019 – Page 320 of 467
EXHIBIT D - 22
Meridian City Council Meeting Agenda June 4, 2019 – Page 321 of 467
EXHIBIT D - 23
Meridian City Council Meeting Agenda June 4, 2019 – Page 322 of 467
EXHIBIT D - 24
Meridian City Council Meeting Agenda June 4, 2019 – Page 323 of 467
EXHIBIT D - 25
Meridian City Council Meeting Agenda June 4, 2019 – Page 324 of 467
EXHIBIT D - 26
Meridian City Council Meeting Agenda June 4, 2019 – Page 325 of 467