HomeMy WebLinkAboutGrand Jr., LLC. Adler AB Owner XI, LLC Recycled Water User Agreement ADA COUNTY RECORDER Phil McGrane 2022-001213
BOISE IDAHO Pgs=13 CHE FOWLER 01/05/2022 08:10 AM
CITY OF MERIDIAN, IDAHO NO FEE
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO
City Clark
City of Meridian
33,E.BroaduvayAvenue
Meridian, ID 83642
RECYCLED WATER USER AGREEMENT
This shared RECYCLED WATER USE AGREEMENT(this "Agreement")made this4th day of
January 2022--- ,by and among,Grand Jr,LLC a limited liability company organized under the
laws of the State of Idaho("User 1"),and Adler AB Owner XI,LLC a limited liability company organized
under the laws of the State of Idaho("User 2"),and the and the City of Meridian,a municipal corporation
organized under the laws of the state of Idaho("+City").
WHEREAS,User I presently owns Ada County parcel no. S 1211346840 (the"User 1 Parcel");
WHEREAS,User 2 presently owns Ada County parcel nos. S1211438440 and S1211347050
(collectively,the"User 2 Parcel");
WHEREAS,the User I and User 2 intend to construct and operate a jointly shared onsite private
recycled water system in connection with landscape irrigation for the properties described on Exhibit A,
attached hereto and trade a part hereof(the"Property");User I and User 2 may be referred to jointly as
"Users"herein.
WHEREAS,municipalities that typically discharge wastewater to the lower basin of the Boise River
have been required by the Idaho Department of Environmental Quality("IDE(T')to reduce the discharge of
nutrients to the louver basin ofthe Boise River, and as a partial response,City has identified, as one of City's
environmentally-responsible Comprehensive Plan goals.the 'use of recycled water throughout City(the
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 Flan goal by establishing a state-of-
the-art wastewater treatment and water reclamation facility;
WHEREAS,IDEQ has issued a.Municipal Wastewater Reuse Permit,identified as Municipal
Wastewater Reuse Permit No. -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.
NOW,THEREFORE,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 from the delivery and use of
recycled water,City hereby agrees to deliver and User hereby agrees to receive recycled water on the
fallowing tears and conditions.
RECYCLED WATER.USER AUREEMEN`r PAGE I OF 13
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Item#24.
1. System Ownership. City shall deliver the recycled water to the point of delivery also known as the
point of connection(the"P.O.C."), which P.O.C. is located on that portion of the User 1 Parcel identified as
parcel no. S1211346840 at the property line and depicted on Exhibit B. User 1 and User 2 are solely
responsible for all reclaimed water infrastructure (pipes, appurtenances,valves,backflows,etc.), and all
necessary maintenance,repair,and/or replacement thereof,downstream(on the Users' side)of the P.O.C.
The City is responsible only for the reclaimed water meter and meter pit located after the P.O.C. on parcel
no. S1211346840. Upon Users' payment of all applicable fees for installation of the reclaimed meter,the
City shall install,own,maintain, and repair this meter, as may be necessary in City's sole discretion.
Because the meter and meter pit lie on User 1's parcel,User 1 shall,and hereby does, grant any necessary
access to the City for operation,maintenance, and repair of the meter,at any time.
2. Compliance,Responsibilities. User 1 and User 2 shall,and hereby do, assume sole responsibility for,
and shall take all necessary measures to maintain,full compliance with all regulatory requirements,this
Recycled Water User Agreement,and IDEQ regulations, related to the delivery and use of recycled water as
such may apply downstream (on the Users' side)of the P.O.C., and/or on parcel nos. S 1211346840,
S 1211438440, and S 1211347050. User 1 shall serve as the primary point for contact for City and IDEQ for
all regulatory matters related to recycled water delivery or use on the User 1 Parcel and/or the User 2 Parcel.
User 1 and User 2 acknowledge that regulatory noncompliance on any of these parcels may result in
termination of this Recycled Water User Agreement.
3. No Charge for Recycled 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,etc.),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,
adopt a commodity rate for recycled water,which rate shall apply to User. In the event that City adopts a
commodity rate for recycled water this agreement will be void.
4. Quality Standards. The recycled water delivered by City to User shall meet IDEQ standards set for
Class A Municipal Water. User shall not be obligated to accept recycled water from City that does not meet
this standard.
5. Place of Use. Recycled water delivered under this Agreement shall be used only on the Property, as
described in this agreement.
6. Use. The recycled water delivered pursuant to this Agreement shall be used solely for the following
purpose: landscape irrigation. No other use of the recycled water shall be permitted.
7. Backflow Prevention. If a non-potable or potable,supplemental water source is interconnected with
City's recycled water system,reduced pressure backflow prevention assemblies shall be installed, at the sole
expense of the User, on both the other irrigation water source and the Class A source to prevent any cross
connections between the recycled water and the supplemental water source. All backflow prevention
assemblies shall be approved by City prior to installation, and tested on an annual basis. User is responsible
for the maintenance and annual testing of all such backflow prevention assemblies. City shall use all good
faith efforts to notify User within one(1)day of City's inability to deliver to User recycled water and the
reason therefor.
8. Metering,. User shall be required to meter the quantity of recycled water delivered to the Property for
each type of use. The meter shall meet standard City specifications and shall be accessible to City. The cost
of the meter installation shall be the sole responsibility of the User.
RECYCLED WATER USER AGREEMENT PAGE 2 OF 13
Page 650
Item#24.
9. Ouantit),and Schedule. The City's recycled water production is limited due to production and
pumping capacities. In order to maximize the City's production ability,the Users agrees to restrict water
usage to the following period(s): .
Water may be used for landscape irrigation only from March 15th-October 31 st each year. Currently no time
of day restrictions on use apply; however,the City may implement such restrictions as may be needed to
ensure capacity and pressure for all users, at any time_
In the event of a shortage of recycled water available, priority in delivery shall be given to City owned sites.
The period of use can change upon seven(7)days' notice from the City.The City reserves the right to
additionally restrict use quantities.
10. Compliance with Regulations. User agrees to comply, at User's sole cost and expense,with all state,
federal and local laws,regulations and standards,as now exist, or are later lawfully enacted,relating to the
use of recycled water after City's delivery of recycled water to the Property.City agrees to comply, at its sole
cost and expense,with all state,federal and local laws,regulations and standards, as now exist, or are later
lawfully enacted,relating to the recycled water system and the treatment,delivery and use of recycled water
prior to City's delivery of recycled water to the Property. Such laws,regulations,and standards may
include, but are not limited to:requirements and restrictions governing use of the recycled water, limits on
recycled water contact with employees, guests,members of the public and adjoining properties, control of
access to the recycled water, the recycled water system,and the area of recycled water storage and use, and
warning signs on the delivery system and the area of use. The User agrees to follow all policies,procedures,
and specifications outlined in the most current version of the Reclaimed Water User Manual provided to the
user.The User will ensure no runoff or ponding resulting from use of recycled water on their site.The User
agrees to provide the Reclaimed Water User's Manual to any person working on or around the reclaimed
system.The User will install and maintain all reclaimed infrastructure beyond the point of delivery according
to guidelines established in the Permit, including: All exposed and above ground piping, risers,fittings,
pumps, and valves shall be purple in color(Pantone 512, 522 or other approved equivalent); all piping shall
be purple in color(Pantone 512, 522 or other approved equivalent)and identified using an accepted means of
labeling.User shall install signs on the Property in connection with use of the recycled water. Warning signs
and labels shall read, in both English and Spanish, "Caution: Recycled Water—Do Not Drink;Agua
Reclamada-No Beber"or equivalent. Example signage is included in Exhibit C.
11. Commencement of Service. User agrees to give City fifteen (15) days' notice prior to the first tune
service is initiated under this Agreement.
12. Term:. The term of this Agreement shall be coterminous with the term of the Permit and any renewal
or replacement thereof,unless earlier terminated by either Party.
13. Resale of Reeveled Water. Users shall not resell recycled water delivered by City under this
Agreement.
14. Approval. The parties hereto acknowledge that, under existing and proposed regulations,this
Agreement has been generally approved as to form by DEQ. The parties hereby agree to modify this
Agreement in writing to the extent that such amendment is reasonably necessary in order to comply with
DEQ requirements or regulations promulgated by DEQ.
15. I_nspection. Users acknowledge and agree that in order to verify compliance with this Agreement or
with applicable laws and regulations,City, State, or other agencies with appropriate jurisdiction may inspect
the recycled water system at the Property,with notice, at a reasonable time annually, or without notice in
emergency situations or where necessary to ensure compliance.
RECYCLED WATER USER AGREEMENT PAGE 3 of 13
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Item#24.
16. Approvals and Notifications. Users specifically acknowledge that it has the responsibility to inform,
notify,and/or request inspection and approvals from various agencies, including the City's Building
Department, for certain activities relating to the construction,maintenance, and operation of the recycled
water system on the Property, including, but not limited to: materials; construction;facility testing;
violations; and emergency situations.
17. Termination: cure. Users may terminate this Agreement at any time for no cause with ten(10)days
written notice to City. Notwithstanding the foregoing,the parties further agree that if City or User believe
that grounds for termination occur as a result of a default,the defaulting party shall have thirty(30)days
after mailing of notice of such default to correct the same prior to the non-defaulting party's seeking of any
remedy provided for herein; provided,however,that in the case of any such default which cannot with
diligence be cured within such thirty(30)day period, if the defaulting party shall commence to cure the same
within such thirty(30)day period and thereafter shall continue efforts to cure with diligence and continuity,
then the time within which such may be cured shall be extended for such period as may be necessary to
complete the cure with diligence and continuity. If the defaulting party fails to cure or make efforts to cure
the default as set forth herein,this Agreement may be terminated by either parry upon sixty(60)days'
written notice. Grounds for termination shall include:
a. Either parry's failure to comply with any provision of the Manual;
b. Either party's default or violation of any provision of this Agreement;
c. Either party's failure to comply with the Permit;
d. The purpose(s)for the use of recycled water,as described in this Agreement, no longer exist;or
e. Changes in DEQ permitting or other regulatory requirements make continued operation of City's
recycled water system a nonviable option.
19, Reclaimed Water Users' Manual. Where there is a conflict between this Agreement and the Manual,
the provisions of the Manual shall apply. The User is responsible for awareness of,and compliance with, all
requirements of the Manual and all IDEQ regulations.
20. Mutual Cooperation_ . City and User shall mutually cooperate and expeditiously perform all acts
necessary or appropriate to discharge all obligations contained in or contemplated by this Agreement,and
with respect to any other matters that may arise in connection with the Property and/or the recycled water
and recycled water system not reasonably foreseeable by User or City as of the date of this Agreement.
21. Miscellaneous.
(a) Notices. Any notice required to be given hereunder shall be in writing and shall be deemed
effectively given: (1)upon personal delivery to the party to be notified;(2)when sent by confirmed
electronic mail(i.e.,e-mail); or(c)upon deposit in the U.S. mail.All communications shall be to the
respective parties to this Agreement at the following addresses:
City;
Deputy Director Utility Operations
3401 N Ten Mile Rd,Meridian ID 83646
E-mail:lmcvey@meridiancity.org
User 1:
Gregg Olsen,Grand Jr, LLC
485 Grandview Dr, Twin Falls ID 83301
Email: greggo.73@gmail.com
User 2:
Michael S.Adler/Adler AB Owner XI, LLC
8665 W Emerald Street, Suite 200,Boise ID 83704
RECYCLED WATER USER AGREEMENT PAGE 4 OF 13
Page 652
Item#24.
Email: adler@adler-industriai.com
(b) Time is of the Essence. The parties hereto 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 of and a default under this
Agreement by the party so failing to perform.
(c) Final Agreement. This Agreement sets forth all promises, inducements, agreements,
conditions and understandings between 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 User and City,other than as are stated herein. Except as herein otherwise provided,no
subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the
parties hereto unless reduced to writing and signed by them or their successors in interest or their
assigns.
(d) Binding upon Successors. This Agreement shall be binding upon and inure to the benefit of
the parties' respective successors, assigns and personal representatives,including 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 interest in the Property.
Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof,except
that any sale or alienation shall 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.
(e) Invalid Provisions. If any provision of this Agreement is held not valid by a court of
competent jurisdiction,such provision shall be deemed to be excised therefrom and the invalidity
thereof shall not affect any of the other provisions contained herein.
(f) Compatibility. This Agreement is intended to be supplemental to all other local, City, State
and Federal Code requirements,rules and regulations,and is established to assure compatibility of
the resulting land use with the surrounding area. Provided,however,that to the extent this
Agreement conflicts with any provision of the Meridian City Code, other than a future duly adopted
Amendment to Meridian City Code in connection with a commodity rate for recycled water,this
Agreement shall prevail to the extent permitted by law.
(g) Relationship of the Parties. It is hereby specifically understood and acknowledged that
development of the Property is a private project and that neither City nor User will be deemed to be
the agent of the other for any purpose whatsoever.
(h) Excusable Non-Performance. In the event of an Act of God, natural catastrophe,war, civil
insurrection, accidents, acts of governmental or judicial bodies other than City,or any unexpected
occurrences beyond the control of either party which shall materially interfere with the ability of City
to deliver recycled water to User, or the ability of User to accept,transmit or distribute recycled
water, the failure of either party to perform its obligation under this Agreement shall be excused so
long as the condition interfering with performance continues. The maintenance and operation of
City's sewer system and of the Meridian Wastewater Treatment Plant shall be solely within the
discretion of City;and in the event City discontinues the treatment plant operation and the treatment
plant is not replaced by another plant,all obligations of either party to perform shall cease without
prejudice to any claimed or asserted rights of either party existing prior to the execution of this
Agreement.
(i) Attorneys' Fees. Should any litigation be commenced between the parties hereto concerning
this Agreement,court costs and reasonable attorneys' fees shall be determined and awarded by a
RECYCLED WATER USER AGREEMENT PAGE 5 OF 13
Page 653
Item#24.
Court of competent jurisdiction as allowed by law. This provision shall be deemed to be a separate
contract between the parties and shall survive any default, termination or forfeiture of this
Agreement.
0) Remedies Cumulative. All remedies herein are cumulative and,to the extent not wholly
inconsistent with each other, may be enforced simultaneously or separately,at the sole discretion of
City and/or User,
(k) Governing Law. This Agreement shall be governed by the laws of the State of Idaho. The
venue for any action arising out of this Agreement shall be exclusively in the District Court of the
4th Judicial District of the State of Idaho,Ada County, or in the United States District Court for the
District of Idaho.
(1) Waiver. Waiver by City or User of any breach of any term,covenant or condition shall not
be deemed to be a waiver of that term,covenant or condition on any subsequent breach of such term,
covenant or condition or any other term, covenant or condition. No term, covenant or condition of
this Agreement shall be deemed to have been waived by City or User unless the waiver is in writing
by City or User.
(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.
[Signature Pages Follows]
RECYCLED WATER USER AGREEMENT PAGE 6 of 13
Page 654
Item#24.
IN WITNESS WHEREON,the parties hereto have duly approved and executed this Recycled Water
Use Agreement as of the date first written above.
USER 1:
Grand Jr, LLC. STATE OF IDAHO )
) ss:
County of—itAn nkA 1.15 ) inn �Y
I HEREBY CERTIFY that on this l�J day of Lys
before the undersigned,a Notary Public in the State of Idaho,
personally appeared Gregg Olsen,proven to me to
Gregg Olse , err 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 itten
TRIS ODRIIGc EZ
NOTSTATE OF IDAHO N tary P blic for daho
Comm.No.20204817
Residing at T�n�? C, OLLA il Idaho
My Commission Expires: i 2'Q Z• Z,[p
USER 2:
Adler AB Owner XI, LLC STATE OF IDAHO )
ss:
County of ArO(-O— )
I HEREBY CERTIFY that on this__ _,day of
�- before the undersigned,a Notary Public in the State of Idaho,
personally appeared Michael S. Adler,proven to me to
Mic ael .Adler,President be the person who executed the said instrument,and
acknowledged to the that he executed the same.
`,,,,,t�►111iCI ��i IN WITNESS WHEREOF, I have hereunto set my hand and
affixedw my official
cial seal,the day and year in this certificate first
p�Q� Vol, above
_ my %ON
EXPIRES&42027 Notary Public for Idaho
s a
w
�� ••' Ol=�p4' '., ` Residing at'610Io W &t1 t ,Idaho
My Commission Expires:
RECYCLED WATER USER AGREEMENT PAGE 7 OF 13
Page 655
Item#24.
CITY OF MERIDIAN:
IDIAN,
BY: Attest SEAL
Robert E. Sin 'son,Mayor 1-4-2022 Chris Johnson, Cit�berk 1-
STATE OF IDAHO
: ss
County of Ada
I HEREBY CERTIFY that on this-4th day of--January
2022before the undersigned, personally appeared ROBERT E.
SIMISON and CHIRS 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 sea]the day and year in this certificate first
abov written.
CHARLENE WAY L)ia&ycW
COMMISSION#67390 Notary Public for Idaho
NOTARY PUBLIC
STATE OF IDAHO
MY COMMISSION EXPIRES 3128122 Residing at Idaho
My Commission Expires: 3-28-2022
Schedule of Exhibits:
Exhibit A Legal Description of the Property
Exhibit B Site Plan Depicting Point of Delivery of Recycled Water
Exhibit C Recycled Water Signage Text Example and Location
RECYCLED WATER USER AGREEMENT PAGE 8 OF 13
Item#24.
EXHIBIT
Legal Description of the Property
User I Parcel:
Parcel: S 1211346840
Primary Owner:
GRAND JR LLC
Zone Code: I-L
Total Acres: 14.810
Tax Code Area: 03
Instrument Number:
2019129144
Property Description:
PAR#6840 a S SIDE SW4
SEC 11 3N 1 W
#346835S
Address: 2700 W FRED SMITH ST MERIDIAN, ID 83642
Subdivision: 3N 1 W 11
Land Group Type: SECT
Township/Range/Section: 3N 1 W 11
- t'I .Gb14
....ter. _
RECYCLED WATER USER AGREEMENT PAGE 9 OF 13
Page 657
Item#24.
User 2 Parcels:
Parcel: S 121143 8440
Primary Owner:
ADLER AB OWNER XI LLC
Zone Code: 1-L
Total Acres: 2.124
Tax Code Area: 03
Instrument Number:
2020131557
Property Description:
PAR#8440 POR SW4SE4
SEC 11 3N 1 W
ROS 12535
#438400-B
Address: 2340 W FRANKLIN RD MERIDIAN, ID 83642
Subdivision: 3N 1 W 11
Land Group Type: SECT
Township/Range/Section: 3N 1 W I
6
r
o
1
;�F 3
T ` {'-r�r
RECYCLED WATER USER AGREEMENT PAGE 10 of 13
Page 658
Item#24.
Parcel: S1211347050
Primary Owner:
ADLER AB OWNER XI LLC
Zone Code: I-L
Total Acres: 36.06
Tax Code Area: 03
Property Description:
PAR#7050 POR S2
SEC 11 3N 1 W
ROS 12535
#346757-S #347010-S #438420-C
Address: W FRANKLIN RD MERIDIAN, ID 83642
Subdivision: 3N 1 W I 1
Land Group Type: SECT
Township/Range/Section: 3NI W I I
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RECYCLED WATER USER AGREEMENT PAGE. I I OF 13
Page 659
Item#24.
EXHIBIrT B
Site Plan Depicting Point of Delivery of Recycled Water
1 c Lf7h�.TK 7.T"thiG�eN
rJ
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12 esaom :.isan_a 7513P7
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uI wooa
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2 7468i� 1212 m C� —, 12aa]a
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13171 .�.1�., 12 ua eoz
RECYCLED WATER USER AGREEMENT PAGE 12 of 13
Page 660
Item#24.
EXHIBIT C
Recycled Water signage is required to be installed on all logical points of entry (sidewalk
entrances) around facilities and property where reclaimed wafter is used.
The example signage below can be utilized in its entirety as is or modified as long as it contains
the required information as stated in this agreement. If the User decides to modify this signage,
it is recommended that they submit the design to the City to ensure the design is compliant with
the requirements of this agreement prior to installation.
Conserving
Idaho's
Woler
CAUTION
IRRIGATED WITH
RECLAIMED WATER
DO NOT DRINK
A13UA RECLAMADA--NO 6EBER
�Q�E iDIAN�
RECYCLED WATER USER AGREEMENT PAGE 13 OF 13
Page 661