HomeMy WebLinkAboutTVM, Inc. Agreement for Provision of s (2021-112398)Water Service Outside Meridian City Limit ADA COUNTY RECORDER Phil McGrane 2021-112398
BOISE IDAHO Pgs=7 NIKOLA OLSON 07/28/2021 09:49 AM
CITY OF MERIDIAN, IDAHO NO FEE
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City Clerk
City of Nferidlan
33 F.groadway Avenue
Meridian, iC 6,3642
AGREEMENT PROVISION OF WATER SERVICE OUTSIDE MERIDIAN CITY
LIMITS: PARCEL NUMBER2273 I r S. MERIDIAN
This AGREEMENT FOR PROVISION OF WATER SERVICE OUTSIDE MERIDIAN
CITY LIMITS ("Agreement"" is made this 27thday f J1�1�C 2021, y' and between
t-Dthe City of Meridian, as municipal corporation organized under the laws of the State of Idaho
whose address is 33 East Broadway Avenue, Meridian, Idaho hereinafter"City"), and Jessica.
ondoniiaaraataas. Inc., whose address is 320 11 th Ave S,.Staite 207, l aarripa, Idaho (here inafter
6 rser") (collectively, "Parties"').
WHEREAS, User is the owner of parcel aaaaa�a ber C `�30010, township/ran /section,
3 IW25.located at . .Meridian Road, Meridian, Ada County, Idaho ("Pt perty/ omnion Area"),
a°"),
which real property is located €atside of Meridian City limits-
WHEREAS,. Jessica Condominiums, Inc. is a nonprofit organization established for the
purposc of, inter Bali , carrying out and discharging all duties and responsibilities of the
condominium owners' association,n, including overseeing the common area as defined and provided
in the, Condominium Property Act, set forth at Idaho Code §§ 55-1 1 1 er seq. (the " crC');
WHEREAS,pursuant to Iddho Code section 5-150 a), the utilities and water pipes
serving the condominium units are part of the common on area, and User is therefore responsible for,
entering into this Agreement with City for the establishment of water services serving the building,
and User is duly authorized to enter into thisAgreement;
WHEREAS,pursuant.to Idaho Cade section 55-1514, the six ( condominium units
within the building located at Property/Common Area each have their own address and parcel
number:
Trait 1, R462273,0020, 4455 S. Meridian Road., Meridian, Idaho,
Unit 2, R4622730 3 63 S. Meridian Road,Meridian, Idaho,
Unit 3, 1 . fa2273t)040 4471 S. Meridian load, Meridian, Idaho,
Unit 4, R4622730050, d79 S. Meridian Road., Meridian, Idaho,
Unit 5. R46227 t)tl 87 S. Meridian Road, Meridian, Idaho, and
Unit 6, R4622730070, 4495 S. Meridian Road. Meridian, Idaho, (each, "Unit," and
collectively, "Units");
WHEREAS, the respective owners of the Units shall enter int sel arate agreements with
City consenting to annexation when such Units are eligible for same, and the contemporaneous
execution of such agreements shall be a condition of City;s consent to the terms of this Agreernent,
Page�36
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 I and 4,
Meridian City Code;
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.COMMITMENTS BY CITY.
A. Provision of Services. At all times relevant hereunder, City shall provide water service to
the Property/Common Area, at a single point of delivery, 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 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. The failure of one or more owners of the Units to pay for
their share of the amount due for water usage shall not excuse or delay User's payment to
City.
C. Recordation. City shall record this Agreement, and shall submit proof of such recording
to User.
D. Annexation Notice. City shall send written notice to User when Property/Common Area
is eligible for annexation.
H.COMMITMENTS BY USER.
A. Payment for City services. User shall be responsible for fulfilling User's obligation to
pay City any and all applicable costs, including, but not limited to assessment and meter
installation fees. Upon connection to the City's water system, User shall pay to City all
applicable fees and costs for 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 Adjustment under the procedures 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 Property/Common Area.
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,Title 9, Meridian City Code and/or any and all similar ordinances
subsequently adopted, which prohibit the installation and/or maintenance of a cross-
AGREEMENT FOR ExTFNs ION OF DomESTIC WATER
SERVICr OUTSIDE MERIDIAN Crry Ukirrs --4495 S.MPRIDWN ROAD PA
connection to the City's water system. The existing well at Property/Common Area must
be abandoned, unless it is used for irrigation, in which case it must remain completely
separated from the City water system and an approved backnow prevention device must be
installed just downstream of the City water meter, pursuant to the direction of the City of
Meridian Public Works Department.
C. Consent to annexation. User specifically agrees that, as specific consideration for City's
willingness to enter into this Agreement. User shall, and hereby does, provide perpetual
consent to annexation of the Property/Common Area into the City of Meridian. This
provision shall comprise evidence of User's consent to annexation and shall be binding
upon all subsequent purchasers, heirs, or assigns of the Property/Common Area.
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
Property/Common Area.
D. Annexation application. Within sixty(60) days of receiving written notice from City that
Property/Common Area is eligible for annexation, User shall, at User's sole expense,
submit an Annexation Application for the Property/Common Area 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. It is acknowledged by the Parties that, upon annexation, all of
the benefits and responsibilities of annexation into Meridian city limits shall apply to the
Property/Common Area, including, but not limited to, the requirement that all real property
and uses thereof conform to the provisions of Meridian City Code and policy, including,
but not limited to, Title 11, the Meridian Unified Development Code ("UDC"); Title 4,
Chapter 1, the City of Meridian Solid Waste Ordinance; and Title 9, the City of Meridian
Water and Sewer Ordinance.
E. Unit owners' consent to annexation. User shall facilitate and cause the execution of
written consent to annexation by each Unit owner., to be executed contemporaneously with
this Agreement, and recorded by City against each Unit parcel, respectively. If additional
condominium unit(s) or other improvements are added to the building or property at
Property/Common Area, User shall facilitate and cause the execution of written consent to
annexation by the owner(s) of such additional unit parcels. Such written consent shall be
in the form prepared by the City of Meridian City Attorney's Office and User shall deliver
same to the Meridian City Attorney's Office within thirty(30) days of the issuance of
certificate of occupancy for such additional unit(s) or improvements.
F. Consent to entry. User shall, and hereby does, provide perpetual consent and access to
the City to enter the Property/Common Area for the purpose of inspecting any and all 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
AGREEMENT FOR EXTENSION OF DOMESTIC WATER
SERVICL OUTSIDE MERIDIAN CITY LiNirrs-4495 S.MERIDIAN ROAD PA
attempt to 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 the Property/Common Area.
G. Use of private septic system. Until the occurrence of any Triggering Event as set forth
below, User may continue to maintain and use the existing private septic system at the
Property/Common Area without penalty therefor, so long as all such maintenance and use
is undertaken in full compliance with all applicable laws. Upon the occurrence of any
Triggering Event, User shall connect any and all occupiable buildings then located on the
Property/Common Area to the City sewer system. Upon connection and provision of City
sewer service to the Property/Common Area, User shall disconnect and discontinue the use
of any and all private septic or sewer systems on the Property/Common Area other than the
City sewer system. "Triggering Event," as such term is used herein, shall mean any of the
following:
I. Annexation of the Property/Common Area or any Unit into the City of Meridian.
2. Sale of the Property/Common Area or any portion thereof or appurtenance thereupon to
any person or entity.
3. Redevelopment or subdivision of the Property/Common Area by any person or entity.
4. Failure, abandonment, replacement and/or removal of the private septic system on
Property/Common Area, or any portion thereof, excepting maintenance and repairs.
5. Any verifiable, substantial increase in demand upon City water services to or upon the
Property/Common Area.
The Parties acknowledge that User intends to construct an addition to the existing building
at Property/Common Area, that User has been advised by the Meridian Fire Department to
add sprinklers and hydrant to serve both the existing and new construction. The addition
and/or implementation of fire suppression shall not constitute Triggering Events for the
purposes of this section.
111.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. In the Event of User's default, City may suspend or terminate water
service to Property/Common Area. 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 water
AGREEMENT FOR EXTENSION oi;Domc.STIC WATER
SrRVTC'F,OUTSIDE ME'RMIAN CITY Lairrs-4495 S.Mr-RiDiAN ROAD PA
service to User, to any successor(s) in interest, and/or to any water user located on the
Property/Common Area.
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- Jessica Condominiums, Inc.
Mike Mussell, President
320 1 lth Avenue S, Suite 207
Nampa ID 83651
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 Property/Common Area, any
and all subsequent owners thereof, and each and every other person acquiring an interest in
the Property/Common Area. Nothing herein shall, or shall be construed to, in any way
prevent the sale or alienation of the Property/Common Area, 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 excised herefrom 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 al a, 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
MRmMENT I-OR EXTENSION OF DOMESTIC WATER
SERVICE{fit,rsIDE MERIDIAN(Try Limos-4495 S.MERIDIAN ROAD
Page 140
otherwise specifically provided herein, no subsequent alteration, amendment, change, or
addition to this 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 the
Effective Date first written above.
USER: STATE OF IDAHO
of an _(N 0
I HEREBY CERTIFY that on this_10 day of
Mike Musscll, President 2021,Before the undersigned,a Notary Public in the State of
Jessica Condominiums, Inc. Idaho,personally appeared MIKE MUSSELL, proven to me to
be the person who executed the said instrument, and
�eno. 254f%�, acknowledged to me that he executed the same.
af f -0 , $,*1 set my hand and
.,4 vz IN WITNESS WHEREOF,I have hereunto s
affixed my official sea],the day and year in this certificate firs
my Comm$" • above written.
��y'f/`�����M+...OF N4aroub Fic for Idah(I
Residing at S"TA__ _1 Idaho
0 it
W, My Commission Expires: 4
AGREEMENT FOR EXTriNSION or DomESTIC WATER
SERVICE OUITSIDE MFRIDIAN CITY UmTs-4495 S.MERIDIAN ROAD PA
CITY OF MERIDIAN:
BY: Attest: SEAL
Robert E. Simi.on, 7-27-2021 Chris Johns
#City Clem*.���--, -27-2021
STATE OF IDAHO
)ss:
County of Ada
I HEREBY CERTIFY that on this 27th (lay of July
2021 before the undersigned, personally appeared ROBERT E.
SIMISON 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 seal the day and year in this certificate first
above written.
CHARLENE WAY
COMMISSION#67390
NOTARY PUBLIC Dlaa�
STATE OF IDAHO Notary Public for Idaho
MY COMMISSION EXPIRES 3128122
Residing at Meridian Idaho
My Commission Expires: 3-28-2022
AGREENILNITIFOR ExTENsION OF DOMESTIC WATER
SERVICE OUTSITIF MPRYDIAN Cn-Y IAM. TTs—4-495 S.mrRIDIAN ROAD PAC,