HomeMy WebLinkAboutMemorandum of Understanding with Blackrock Subdivision, LLC for Water/Sewer
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Well No. 27 Flush Line. Two bids were received for this project as summarized below, the
winning bid detailed in the attached spreadsheet:
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Star Construction, LLC
Irminger Construction Inc.
$39,485.52
$43,436.00
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This project consists of the construction of Water Well flush line piping across the north
boundary of Cherry Lane Christian Church's property at Franklin and Ten Mile. This project
is slated for fasHrack completion by March 24 in order to accommodate the landscaping
plans of the church early this spring. The project was bid informally to keep to this schedule,
but exceeds current City of Meridian informal bid limits. However, since the bids are well
below the adopted State of Idaho informal bid limit of $100,000, the Public Works Department
requests that this bid be awarded as is.
Recommended Council Action: The Public Works Department recommends
that City Council approves the contract for the Well No. 27 Flush Line with Star
Construction, LLC-for $39,485.52 and authorize the Mayor to sign it.
Ÿ Blackrock Subdivision Memorandum of Understandinq. This memorandum between the City
.....~ of Meridian and the new owners, Blackrock Developers, LLC, will establish the guidelines and
responsibilities of each party for the water and sewer service of Blackrock Subdivision near
Amity and Eagle Roads.
Recommended Council Action: The Public Works Department recommends
that City Council approves the Memorandum of Understanding with Blackrock
Developers, LLC regarding Blackrock Subdivision and authorize the Mayor to
sign it.
Thank you for your consideration. Please contact me if you have any questions regarding
any of these items.
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MEMORANDUM OF UNDERSTANDING
BETWEEN
BLACKROCK DEVELOPERS, LLC
AND
THE CITY OF MERIDIAN
THIS MEMORANDUM OF UNDERSTANDING is made and entered into this
day of ,2006, by and between Blackrock Developers, LLC (Developer)
and The City of Meridian, Idaho (City), to establish a mutual understanding of the duties
and responsibilities pertaining to the hookup to City's sewer a'nd water system outside
city limits at the proposed Blackrock Subdivision, located as shown in Figure 1. This
document supersedes the Memorandum of Understanding executed on October
18, 2005 between the City of Meridian and Blackrock, LLC, Developer's
predecessor in interest.
WHEREAS, Developer is the sole owner, in law and/or in equity of certain tract of land
in the County of Ada, State of Idaho, generally depicted in Figure 1 and commonly
known as the Blackrock Subdivision, sometimes referred to herein as the Property; and
WHEREAS, Idaho Code §50-323, provides and empowers cities to establish, create,
develop, maintain and operate Sewer/Water systems; and
WHEREAS, City operates and maintains and develops a Sewer/Water system; and
WHEREAS, the City has enacted an ordinance governing its Sewer/Water system
codified in Meridian City Code § 9-4-26 and 9-1-16; and
WHEREAS, the Developer is the owner of the Property, which is presently located
outside of the city limits of the City; and
WHEREAS, the Developer is desirous of obtaining connection to City's Sewer/Water to
serve the Property and the City is willing to provide that connection to the Sewer/Water
service to the Deve'loper subject to the terms and conditions and consideration of this
agreement, and it is specifically agreed that as a specific consideration of the City's
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willingness to enter into this agreement that the City's Ordinance and
Policy/Regulations which govern its Sewer/Water system be included as terms and
conditions of this agreement and that the Developer provide perpetual consent to
annexation of the Property in to the City.
NOW, THEREFORE, the parties hereby agree as follows:
Water
Developer shall extend a 12" water main from the CITY water system to the Property.
Developer will be reimbursed according to Meridian Code 9-1-13 Reimbursement
Agreements where applicable. The water will feed into a Booster Station building,
constructed by Developer and is to meet CITY specifications and approval. The
building shall be designed and constructed to allow for a future CITY well, which will be
constructed by the CITY. The booster station shall have SCADA as approved by the
CITY and provided by Developer. Additionally, Developer shall construct a Pressure
Reducing Valve (PRV) at this site, which shall meet specifications and approved by the
CITY. Developer may use the 2 booster pumps and variable-frequency-drive (VFD)
located at Well 14, which are "as-is"; provided they are adequate to provide the required
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flows. Developer shall donate the well lot site to the CITY, which shall have a minimum
125'x125' dimension located near the pressure boundary and approved by the CITY.
Developer shall provide an easement for a future waste line constructed by the CITY
from this site to an appropriate drain ditch. Developer shall sleeve all road crossings
and other appropriate places to minimize future construction costs for the waste line.
The Booster Station shall have backup power with 24 hr tank capacity for both pumps
as approved by the CITY.
Developer shall construct a water distribution system which shall meet CITY standards
and must be approved by CITY prior to construction.
CITY shall operate the pumping facilities and distribution system. CITY shall collect
hookup fees and monthly fees for this service.
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Sewer Lift Station and Pressure Sewer
Developer shall construct a Lift Station and pressure sewer line which will connect into
CITY sewer collection system. The lift station will be owned by Developer and may be
transferred or assigned to the Subdivision Homeowner's Association (HOA). The lift
station shall be operated and maintained by a qualified operator with a Class II or III
license at the expense of the Developer. The pressure sewer will be owned by the City
and the costs for maintenance shall be paid by the Developer. The lift station shall be
designed to pump "off peak" to minimize impact to the CITY sewer system. Storage
capacity shall be approved by CITY and shall have odor reducing capability as directed
by CITY. Additionally, the Developer and/or operator shall add odor reducing chemicals
if CITY determines this is required. The lift station and pressure sewer lines shall meet
CITY standards and must be approved by CITY prior to construction. The Developer
shall pay for maintenance of the lift station and pressure sewer.
Developer shall provide bonding and/or other guaranties as required by CITY for future
abandonment of the lift station and pressure sewer upon annexation. Developer shall
provide SCADA to the WWTP as approved by the CITY.
The parties to this agreement acknowledge that the HOA has not yet been formed, but
that Developer will likely assign its responsibilities under this section of this
Memorandum of Understanding to the HOA upon its formation.
Sewer Lines
Developer shall construct the sewer collection system which shall meet CITY standards
and be approved by CITY prior to construction. CITY shall operate the collection
system and shall collect hookup and maintenance fees.
Inspection
CITY shall inspect construction of all utilities to ensure that they meet CITY
specifications. Developer shall pay for all overtime which may be required for this
service.
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Annexation
At such time as the property becomes legally eligible for annexation into the City,
Developer or any successor or successors agree to give consent to annexation, to pay
the annexation application fee, apply for annexation, and diligently pursue annexation
into the City. The Developer's consent to annexation shall be memorialized in a
document to be recorded against the property and in real estate sales forms so that
each subsequent purchaser within the development shall be aware of the binding
consent to annexation.
Agreement to Negotiate to Final Agreement
The parties contemplate that further negotiations will take place regarding the subject
matter of this agreement and that parties will execute a more detailed Final Agreement
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containing additional details, provisions, forms and exhibits.
IN WITNESS WHEREOF, the parties do execute this Memorandum of Understanding
the day and year first above written.
BLACKROCK, LLC
BLACKROCK DEVELOPERS, LLC
By ~1P.¿¿2
Maf1ager -
CITY OF MERIDIAN, IDAHO
By:
Tammy de Weerd, Mayor
Attest:
William Berg, Jr., City Clerk
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STATE OF IDAHO, )
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County of Ada, )
On this ¡;)-ll- day of hÞr~,2006, before me, the
JdmignaPð a Notary Public in and for the State 0 Idaho, personally appeared
U h t?UL ~tó~ ,known or identified to me to be a Manager of
Blackrock Developers, LLC who executed this instrument on behalf of said Limited
Liability Corporation and acknowledged to me that such corporation executed the
same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year first above written. ~ ~
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STATE OF IDAHO, )
: ss.
County of Ada, )
On this day of , 2006, before me, the
undersigned, a Notary Public in and for the State of Idaho, personally appeared Tammy
de Weerd and William G. Berg, Jr., known to me to be the Mayor and City Clerk of the
City of Meridian, Idaho and who subscribed their names to the within instrument 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 first above written.
SEAL
Notary Public for Idaho
Residing at:
My commission Expires:
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