HomeMy WebLinkAboutHookup Agreement for City Systems outside City Limits for Jesus Christ of Latter Day Saints Church
City of Meridian
Public Works Dept.
Memo
RECEIVED
JUN 0 1 2006
City Of Meridian
City Clerk Office
To:
Mayor De Weerd & City Counal
From: Karie Glenn
cc:
File
Date: 6/112006
Re:
Proposed Agenda Items for 06/06/06 City Council Meeting
The Public Works Department respectfully requests that the following items be placed on the
06106/06 City Council agenda, on the Consent Agenda, for Council's consideration:
1)
Aareement for Connection to SewerlWater Services outside City Limits for LDS
Church at 5555 N Locust Grove by EBata FM GrouP.
Typical Agreement for Connection to SewerlWaœr Services outside City Limits.
Recommended Council Action: Approve the Agreement for Connection to
Sewer/Water Services outside City Limits for LOS Church at 5555 N Locust
Grove by Eagle FM Group and authorize the Mayor to sign and City Clerk to
attest.
Thank you for your consideration.
. Page 1
Apr.26. 2006 2:11PM
No.5557
P, 3
AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/W ATER
SYSTEM OUTSIDE THE CITY LIMITS
f' THIS AGREEMENT is made and entered into this ~ day of M ~
20 f)'O ' by and between CITY OF MERIDIAN aM icipa1 CO ora 'on of the Sta of
Idaho, hereinafter refeITed to as "CITY", an , as
hereinafter defined and hereinafter refern:d to as "SEWE
1.
¡.s
1.6
RECITALS:
1.1
WHEREAS, "Sc;werlWater user! is the sole owner, in law and/or in
equity of certain tract ofland in the County of Ada, State ofldaho,
described in Exhibit ""A", which js attached hereto and by this reference
incorporated herein as if set forth in full, hereinafter refeIToo to as the
«PTOperty"; and
1.2
WHEREAS, Idaho Code §50-323, provides and empowers cities to
establish, create, develop, maintain and operate Sewer/W ater systems; and
1.3
WHEREAS, "City" operates and maintains and develops as SewerIW alar
system; and .
1.4
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 "Sey.rer/Water User" is the owner of"Rea1 Property"
hereinafter described w~ch is presently located outside of the city limits
of the "City"; and
WHEREAS, the "SewerlW ater User" is desirous of obtaining connection
tl) the SewerIWater to serve the "Real Property'" and thc "City" is wining
to provide that connection to the SewerlWater service to the "SewerlWatcr
User" 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" wHlingness to enter into this agreement that the "City's"
"Ordinance" and "PoHcylRegulations'! which govern its Sewer/Water
system be included as terms and conditions ofthis agreement and that thc
"'Sewer/Water User" provide perpetual consent to annexation of the "Real
Property" in to the "'City".
AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN!S
SEWER/W ATER SYSTEM OUTSIDE THE CITI LIMITS
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Apr,26, 2006 2:12PM
No.5557
p. 4
2.
DEFINITIONS:
For all purposes of this agr-eement the following words) terms, and phrases herein
contained in this section shall be defined and interpreted as herein provided for,
unless the clear context of the presentation of the same requires otherwise:
2.1
2.2
2.3
2.4
2.5
2.6
"City": means and refers to the Cíty of Meridian, County of Ada, State of
Idaho.
"SewerlWater User": means and shall refer to and/or the person who is
the owner of the real property. .
"Real Property": means and shall refer to certain parcel(s) ofrea1
property located in the County of Ada, City of Meridian as described in
Exhibit "A", attached hereto and by this reference incorporated hereín as if
set forth at length together with improvements thereon,.
"Ordinance": means and shall refer to the City's ordinances that
appertain to the regulation and control and use of its SewerfWater system
presently at Meridian City Code § 94-26 and 9-1- J 6~ and this defInition
specifically incluQcs any prospective amendments and/or recodifications
to said ordinance or any parts thereof, and shall also refer to any other
ordinance of the City of Meridian governing the "SewerIWatcr System",
"Policy/Regulations": means and shall refer to any City Council enacted
policy and/or regulation ofits SewerlWater system.
"SewerlWater System": means and shall refer to the City's SewerlWater
system.
NOW THEREFORE, in consideration of the covenants and conditions set forth
herein, the parties agree as follows:
3.
INCORPORATION OF RECITALS:
That the above recitals are contractual and binding and are incorporated herein as
if set forth in full.
4"
PROVISION OF SEWERIW A TER HOOKUP SERVICE:
The «City" agrees to authorizc a connection to the "SewerfWater System" to
seIVice the ~'Real Property" subject to the terms and conditions of this Agreement
AGREEMENT FOR HOOKUP TO THE CTIY OF MERIDIAN'S
SEWERjWATERSYSTEM OlJT$IDE THE CITY LIMITS
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Apr.26, 2006 2:12PM
No.5557
p. 5
5.
CONDITIONS AND REQUIREMENTS OF SEWERIW A TER USER FOR
THE HOOKUP OF THE SEWER/\V A TER LINE TO THE REAL
PROPERTY:
The hookup and assessment costs relative to the "SewerlW ater System"
oonnection shall be the responsibjJity of the "ScwerIWater User".
6"
ORDINANCE APPLICATION:
The "Ordinance" and "Policy/Regulations" apply to the ScwerlWater service and
connection and are herein incorporated as specific terms of this agreement and at such time or
times as the "Ordinance" and/or ~'Po1icy/Regu1ations" is/are amended or recodified, this
agreement is automatically amended in accordance therewith"
7.
ANNEXATION:
At such time as the real property becomes legally eligible for annexation into the
«City", the "Sewer/Water User" h~rein 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 a"Qd application for such
annexation in aCCordance with I.C. § 50-222 Or any amendments or recodification of said statute.
8.
HOOKUP AND SERVICE FEES:
The charges for hookup, inspection., and service fees shan be in accordance with
the provisions of the "Ordinance" and/or "PolicylReguTations" as are applicablc for real
properties outside of the city limits.
9.
REQUIREMENT FOR RECORDATION:
«City" shall record either a memorandum of this Agreement or this Agreement,
including all of the Exhibits, at «Sewer/W ate! U scr" cost, and submit proof of such recording to
"Sewer/Water User".
10.
DEFAULT:
Any failure to perform the terms and conditions of this agreement shall be a
default..
11.
REMEDIES:
11.1
This Agreement shall be enforceable in any court of competent jurisdiction
by either «City" or "Sewer/Water User'\ or by auy successor or successors
AGREEMENT FOR HOOKUP TO THE CI1Y OF MERIDIAN'S
SEWERfW ATER SYSTEM OUTSIDE THE CITY liMITS
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"Apr.26, 2006 2:12PM
11.2
11.3
No.5557
p. 6
iT) titJe or by the assigns of the parties hereto. Enforcement may be sought
by an appropriate action at law or in equity to secure the specific
performance of the covenants, agreements, conditions, and obligations
contained herein. In addition, remedies available to the City include but
are not limited to, termination of Sewer/W ater service to all users located
on the real property covered by this agreement.
In the event of a default, written Notice of Default shall be served and
defaulting.,party shall then have thirty (30) days after delivery of notice of
default to correct the same before the non-defaulting party may seek any
remedy provided for herein"
In the even~ the perfonnance of any covenant to be perfO11Iled hereunder
by either "SewerlWatcr User" Or Ç'City" is delayed for causes which are
beyond the reasonabJe control of the party responsible for such.
perl'oxmance, which shall include, without UmitatioIl, acts of civil
disobedience, strikes or similar causes, the time for such pertonnance shall
be extended by the amount of time of such delay..
12.
NOTICES:
12.1
12.2
Any notice desired by the parties and/or required by this Agreement shall
be deemed de1iver~ if and when personally delivered or three (3) days
after deposit in the United States Mail, regístered or certified mail, postage
prepaid, return. receipt requested, addressed as follows: .
CITY:
c/o Public Works Director
City of Meridian
660 E. Watertower~ Suite #200
Meridian, Idaho 83642
PROPERTY OWNER:
'" - Ç"~,re PM ;~
* f>. ð- 80')( {,O ~
'" .
* r="1(e I ::cP 33" It
with copy to:
City Clerk
City Of Meridian
33 E.ldaho 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 the
requirements of this section.
AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S
SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS
-4
APr,26. 2006 2:12PM
No.5557
p. 7
13.
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's fees as determined by a Court of competent
jurisdiction. Th;s provision shall be deemed to be a separate contract between the parties and
shall survive any default, termination or forfeiture oftbis Agreement..
14.
TIME IS OF THE ESSENCE:
The parties hereto acknowledge and agree that time is strictly of the esSOOc8 with
respect to each and every term, èOndition and provision hereèf, and that the failure to timely
perform any of the obligations hereunder shaH constitute a breach of and a default under tliis
Agreement by the other party so fai]jng to perform.
15.
BINDING UPON SUCCESSORS:
This Agreement shall be binding upon and inure to the benefit ofilia parties'
respective heirs, 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 iD. any way prevent sale or alienation of the Property, Of. portions thereof,
cxcept 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.
16.
INVALID PROVISION:
If any provision of this Agreement is held not valid by a cowt of competent
jurisdiction, such provision shall bc deemed to be excfscd therefium and the invalidity thereof
shall not affect any of the other provisions contained herein.
17~
FINAL AGREEMENT:
This Agreement sets forth all promises~ inducements, agreements, condition and
understandiri.gs between "Sewer/Water User" and "City" relative to the subject matter hereof, and
there arc no promises, agreements, conditions or understanding; either oral or written, express or
impIi~ between "SewerlWater 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, and pursuant, with respect to "'City", a du'ly
adopted resolution of "City".
AGREEMENT FOR HOOKUP TO THE CIIT OF MERIDIAN'S
SEWERjW ATER SYSTEM OUTSIDE THE CTIY UMITS
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Apr.26. 2006 2:13PM
No,5557
P, 8
18.
TERMINATION:
At such time as the '.Real Property" is annexed into the City, this agreement shan
terminate except for any default that exists at such time shall still be enforceable pursuant to the
terms of this agreement.
19.
EFFECTIVE DA TE:
This Agreement shaH be effective at such time as both parties have executed this
Agreement.
ACKNOWLEDGMENTS
TN WITNESS WHEREOF, the parties have herein executed this agreement and
made it effective as hereinabove ptoyjded.
Property Owner
~~
Name:
CITY OF MERIDIAN
By:
MA. VOR TAMMY DE WEERD
AITEST:
WILLIAM G. BERG, JR., CITY CLERK
BY RESOLUTION NO.
AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S
SEWER/WATER SYSTEM Q urSIDE THE CITY UMITS
~6
Apr.26, 2006 2:13PM
No,5557
P, 9
STATE OF IDAHO~ )
: SS.
County of Ada)
On this 2'3 day of /fI.V ~ in the year 20~, before me,
the undersigned., a Notary Public~ personally appeared,ßb ßu1UtaIL. known or identified to me
to be the property owner, who executed the instrument. .
..:::~~~ss WHEREOF, 1 have hereunto set my hand and affixed my official
sea1~ the~~~ certificate first above written.
(sEAj;~:i.: 0 ~"r\ 4u~ \ 0 ) ~. ~~
:~ \. ) jR~=n::~~~ ~~ ~ ~ riD~~
...(~~~~~' .,,' My Commission Expircs: \6- ,-Cl-öq-
.;.f.;f"... .'
.._~I!i Of ..
-......,.
STATE OF IDAHO, )
: SS.
County of Ada
)
On this day of , in the year 2O_, before me.
the undc:rsign~ a Notary Public, personally appeared TAMMY DE WEERD and WILLIAM G.
BERG, JR., known or identified to me to be the Mayor and Clerk, respectively, of the City of
'Meridian, who executed the instrument or the persons that executed the instrument on beha1{of
said City, and acknowledged to me that such City 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.
(SEAL)
Notary Public for Idaho
Residing at:
My Commission Expires:
AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIANS
SEWERjWATER SYSTEM OUTSIDE THE CTIY liMITS
~7
M'NEXATION DESCRIPTION
5555 N. LOCUST GROVE ROAD
June 1, 2006
A PARCEL OF LAND LYING IN THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4
OF SECTION 30, TOWNSHIP 4 NORm, RANGE 1 EAST. BOISE MERIDIAN, ADA
CÖUNTY, IDAHO MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORl"i'ER OF THE NORTHEAST 1/4 OF
THE SOUTHEAST 1/4(E. 1/4 COR.~R) OF SECTION 3{), T. 4 N., R. 1 E., RM.; THE
REAL POINT OF BEGINNING OF TInS Al\'NEXAnON DESCRIPT10N;
THENCE ALONG THE EAST LIN~ OF THE ~'E 1/4 OF THE SE 1/4 -OF sÀID
SECTION 30 S 00°00'00" W 867.15 FEET TO A POINT;
THENCE N 89° 13'04" W 785.07 FEET TO A PO1NT;
TIIENCE N 00°00'00'" E 851.88 FEËT TO A POINì ON THE NORTH LTh:"E OF SAID
NE 1/4 bF THESE 1/4;
1'HR.~CEALONG SAID NORTB LINE N 89°40' 02" E 785.00 FEET TO THE .REAL
POINT OF BEGINNING. SAID PARCEL CONTAINS 15.49 ACRES, MORE OR
LESS" SAID DESCRIPTION WAS PREPARED FROM DATA SHOWN ON RECORD
OF SURVEY NO.-1536.1NSTR. #896274Ò. ~'D NOT FROM AN ACTUALFffiLD
SURVEyaV BRIGGS ENGINËElUNG.
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