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Home My WebLink AboutAgreement to Hookup to Sewer and Water Outside of City Limits with Edward & Loretta Sweet Dee 02 as 04:21p Dec. 2. 2005 IC:49AM DAVID L MOIRA ELCOX ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 7 BOISE IDAHO 12/23105 10:14 AM DEPUTY Patti Thompson 1111111111111111111111111111111111111 RECORDED - REQUEST OF 105195841 City of Meridian '-- / AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE cnv LIMITS TIllS AGREEMENT is made and entered intO this JQ... day o~ 2005, by and between CITY OF MERIDIAN, a Municipal corporation of the State ofldaho, hereinafter referred to as "CITY", and Edward & Loretta Sweet, as hereinafter defined and hereinafter referred to as "SEWER/WATER USER", RECITALS, 1.1 WHEREAS, "SewerlWater User" is the sole owner, ;nlaw and/or in equity of certain tract ofland in the County of Ada. State ofIdaho, described as Lot 1 BJoçk 1 as listed in pretiminary Plat of Windham Place Subdivision dated 9/30/05, and by thiS reference incorporated herein as if set forth in full. hereinafter referred to as the "property"; and 1.2 WHEREAS. Idaho Code §50-323,. provides and empowet$ cities to estabJjsh, create"~ develop, maintain and operate Sewer/Water systems; and 1..3 WHEREAS, "City" operates and maintains and develops as SewerfWllter system; and 14 WHEREAS, the "City" has enacted an ordínance governing its SewerlWater system codified in MeridiaJI City Code ~ 9-4-26 and 9- J -] 6.; and I..S WHEREAS, the "Sewer/Water User" is the owner of"Rea.l Property" hereinafter described which is presently located outside of the city timits of the "City"~ and 1.6 WHEREAS. the "Sewer/Water User" is desirous of obtaining coMmion , to the SewerlWater to serve the "Real Property" and the "City" is willing to provjde that connection to the Sewer/Water service to the "Sewer/Water User" subject to the trons and conditions and consideration oftlús agreement, and it is specifically agreed that as a specific consideration of the "City's" willingness to enter into this agreement that the "City's" "Ordinance" and "Policy/Regulations" which govern its Sewer/Water system be included as lems and conditions ofthis agreement ànd that the "SewerlWater User" provide perpetual consent to aMexation of the "Real Property" in to the "City". AGREEMENT FOR HOOKUP TO TIlE cm OF MERlDIAN'S SEWER/WATER sYSTEM OUTSIDE l'ffE em LIMITS -1 Dee 02 as 04:21p Dee, 2. 200~ IO:49AM 2. DAVID L MOIRA ELCOX 2083317040 p.3 No.3017 p, 4 DEFINmONS: For all purposes of this agreement thè folJowjng words, terms, and phrases herein contained in thiS section shan be defined and interpreted as herein provided fOf,. WÙC5S the dear context oflhe presentation of the same requires otherwise:- 2.1 "City»: meam and refers to the City of Meridian, COWltY of Ada, State of Idaho, 2..2 "Sewe..fWater User': means and shall refer to and/or the person who is the owner of the real property. 2..3 "Rea. Property"~, means and shall refer to certain parcd(s) of real property tocated in the County of Ada, City of Meridian as described as Lot 1 Block 1 as listed in Preliminary Plat of Windham Place Subdivision dated 9/30/05 and by this referer\ce incorporated herein as if set fonh at length together with improvements thereon 2,4 "Ordinance": means and shaH refer to the Ciry---s ordinances that appertain to the regulation artd contro1 and use of its Sewer/Water system presently at Meridian City Code § 9-4-:26 and 9-1-16. and tms definition specífically inc1udðS any prospective amendments and/or recodi6cations to said ordjnance or any parts thereof, and shall also refer to any other ordinance ofthe City of Meridian governing the "Sewer/Water System", 25 UPolicylRegulations": means and shall refer to any City Counci1 enacted policy and/or regu1ation ofiLs SeweriWater system, 2,6 "SewcrlWater System": means and shall refer to the City=s SewerlWater system, NOW THEREFORE, in consideration of the covenants and COnd1tions set forth herein, the parties agree as follows: 3., INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are jnwrporated herein as if sc:t forth in fun. 4.. PROVISION OF SEWERIW A TER HOOKtJP SERVICE: The "City" agrees to provide a connection to the "SewerlWater System" to service the "Real Property" subject to the tenDS and wnditions of trus Agreement, AGREEMENT FOR HOOKUP TO THE CJTY OF MERIDIAN'S SEWERfW ATER SYSTEM OUTSIDE THE CITY LIMITS -2 D@c 02 OS 04:21p Dec. 2. 2005 10:50AM DAVID L MOIRA ELCOX 2083317040 No.3017 p. j s- CONDmONS AND REQUIREMENTS OF SEWER/W A TER USER FOR THE HOOKUP OF THE SEWER/W ATER LINE TO THE REAL PROPERTY: The hookup and assessment cos[s relative to the "SewerlWater System" colUlcçtion shall be the responsibility of the "SewerlWater User" 6- ORDINANCE APPLICATION: The "Ordinance" and "PolicylReglJlations" apply to the SewerlWater servjçe and conneCtion and are .herem Incorporated as specific terms of this agreement and at such ûmc or times as the "Ordinance" and/or "poUcylRegulations" is/are amended or recodified, this agreement is automatically amended in accordance therewith. 7. ANNEXA TION~. At such time as the reat property becomes legally eligible for annexation into the "City", the "SewerlWatc::r User" herein gives consent to such annexation" agrees to pay the annexation application fee. agrees to apply for annexation. and diligently pursue annexation into the City" This provision of this Agreement is a written request and application for such annexation in accordance with lC, § 50-222 or any amendments or recodification of said statute. s, HOOKUP AND SERVICE FEES: The charges for hookup, inspection. and servjc;e fees shan be in accordance with the provisions of the HOrdinance" and/or hpolicy/Regulatioos" as are applicable for reat properties outside of the city limits, 9 REQUJREMENT FOR RECORDA TtON.: "City" shaD record either a memorandum of this Agreement or this Agreement, including aU of the Exhibits, at "Sewer/Water User" cost, and submit proof of such recording to "SewerfWater User", 10. DEFAULT: Any failure to perfOf111 the terms and conditions of this agreement shaH be a detàult.. 11. REMEDIES: 1],1 This Agreement shall be enforceable in any court of competent jurisdiction AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWERfW A TER SYSTEM OUTSIDE TIlE cm UMITS -3 p.4 /-,,05 04:21p )/'Dec, 2. 2005 ¡0:50AM ,// /// / 11..3 12. DAVID & MOIRA ELCOX 2083317040 p.5 No,3017 p, 6 by either "City" or "SewerlWater User", or by any successor Or successors in title or by the assigns of the part;e5 hereto. Enforcement may be sought by all appropriate action at Jawor in equity to secure the specific performance orlbe covenants, agreements, conditions, and obJigatíons contained herein. In addition. remedies available to tbe City include but are not limited to, termination of SewerlWater sef\l'ice to aU users located on the real property covered by this agreement.. 11.2 In the ~ent of a defauJt, written Notice of Default shan be served and defauJtins..patty shall then have thirty (30) days after delivery ofnotke of default to COJTcct the same b~for~ the non.defaultins party may seek any I t:lIlcdy provided fol' herein. In the event the peñormance of any covenant to be perfonned hereunder by either "SewerlWater User» or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such perfonnance, which shaJi include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shalf be extended by the amount of time of such delay. NOTICES: 12.1 J2.2 J 3. Any notice desired by the parties and/or required by this Agreement shan be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified ma.il. postage prepaid, return receipt requested., addressed as follows' CITY: ç/o Meridian City Engineer City of Merjdian 200 E. Carlton, Suite #101 Meridian, Idaho 83642 PROPERTY OWNER Edward & Loretu Sweet 2640 N Meridian Rd Meridian 1D 83642 with copy to: City Clerk City of Meridian 33 E. Jdabo Ave. Meridian, Idaho 83642 A party shall have the right to change their address by delivering to the other party a written notification thereof in accordance with .tbe requirements oftms section, A TrORNEY FEES: ÀGREEMENTFORHOOKUPTOTHECITYOFME~D~~ SEWERfWATERSYSTEMOUTSIOE THE CITY UMITS -4 - 05 04:22p ./Dec. 2. 2005 ¡0:50AM DAVID L MOIRA ELCOX 2083317040 No-3017 .-/ p, 1 Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing patty shaJJ be entitled, in addition to any other relìef as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. 'This provision shall be deemed to be a separate contract between the parties and shall survive any default, terminatiol\ or forfeiture oftlús Agreement.. 14 TIME IS OF THE ESSENCE,: The parties hereto acknowledge and agree that time is stricl]y of the essence with respeCt to each sod every term, condition and provision hereo~ and that the failure to timely PÇ¡ fin III any uf tin; UbJ:igilliuJlII ht::'lt:ulldt:r shall wlIl:>tiIUU:: it b/l:ìU.:h uf a.lJd it defllu:ft ulld~1 this Agreement by the other party so failing to perform IS BINDING UPON SUCCESSORS.: This Agreement shan be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, inc1uding "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 intere!lt in the Property, Nothing herein shall in any way prevent s.a.le or alienation of the Property, or portions thereof, except that any sale or alienation sha] be subjeCt to the provisions hereof and any Successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. 16, INVALID PROVISION: lfany provision of this Agref:ment is held not valid by a court of competent jurisdiction, such provision sha] be deemed to be excised there from and the invalidity thereof shaD not affect any of the other provisions contained herem" 17. FINAL AGREEMENT: Tbis Agreement sets forth all promises, inducements, agreements, condition and understandings between "SewerlWater User" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "SewerlWater User" and "City". other than as life stated herein. Except as herein otherwise provided, no subsequeot aJteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them Of their successors in interest or their assigns, and pul'5uant, with respect to j'City", a duly adopted resolution of "City"" AGREEMENT FOR HOOKUP TO mE em OF MERIDIAN'S SEWERfWATER SYSTEM OUTSIDE TIlE CITY liMITS -5 p.6 Dee 02 05 04:22p DAVID ~ MOIRA ELCOX 2083317040 p.7 Dee, 2. 2005 lo:50AM No.3D17 p. ~ 18, TERMINATION: At such time 08 the "Real Property" is annexed into the Cjty@ ws agreement shall temUnate except for any default that exists at such time shall still be enforceable pursuant to the tenDS 0 f tlùs agreement. 19. EFFECTIVE DATE: This Agreement shall be effective at such time as both parties have exeçuted this Agreement, A(.KNUW L~VliMj!;.N Hi IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided, Property Owner "- ~ . ~~ r:Lêet Edward Sweet ..,.-~ ---.:z......, - C c~~ ,C"'-- ~~ \,2t::-:.. "'-T-õiêtta~weet . . CITY OF MERIDIAN ATTEST: ~ ~~ . ¡ò-lò-GS JdLft WILLIAM G. BERG, IR" C~TY BY RESOLUTION NO,~- AGREEMENT FOR HOOKUP TO mE CITY OF MElUDIAN'S SEWERjWATER SYSTEM OUTSIDE THE cm LIMITS -6 Dee 02 as 04:22p DAVID L MOIRA ELCOX 208331?040 No,30J7 p, 9 Dec. 2, 2005 10:50AM SATE OF IDAHO, ) ; 55" County of Ada) On this a ~ day of De. cev-().~C__--, in the year 2005, before me, the IIncfl"ro;ienf"rI, A I\JQt~ry p.,hl¡r, pPI'"<:nn!lll1y "ppp~rpA> FQ"'ard and 1 Qoretta S"'e':"t. Irnowu or identified to me to be the property owners, who executed the instrument (SEAL) :,58. County of Ada ) P On tl1ìs ~ I ~ay of JJt()rVL~ , in the year 2005, before me, the undersigned, a Notary ~personallY appeared TAMMY DE WEERD and WlLLlAM G, BERG, JR., known or identified to me to be the Mayor and CJerk, respectively, ofthe City of Meridian, who executed the instrument or the persons that executed the instrument on behaJfof said City, and acknowJedged to me that such City exerotcd the same. TN WITNESS WHEREOF, 1 have hereunto set my hand and affixed myoffidaJ sea), the day and year in this certificate first above written. ..01~4.t~........ : tf'"'+ua... ~ ~ . : I . . , . . . \ . \ " I : .'W.. (SEAL) 8 h M m&ru'#¡ Notary Public for IdahÇJ ! Residing at: rvL-e-{{OC1. cJo. My Commission Expires: 10 -( <; ~ I { AGREEMENf FOR HOOKUP TO TIlE CITY OF MERlDIAN'S SEWER/WATER SYSTEM OlITSIDE.1HE CITY LIMITS ~7 p.8