HomeMy WebLinkAboutMemorandum of Understanding with Blackrock Subdivision Homeowners Association, Inc. for Blackrock
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MEMORANDUM OF UNDERSTANDING
BETWEEN
BLACKROCK, LLC
AND
BLACKROCK SUBDIVISION HOA
THE CITY OF MERIDIAN
THIS MEMORANDUM OF UNDERSTANDING is made and entered into this
day of !J&foh.e--r , 2005, by and between Blackrock Subdivision Homeowners
Association, Inc. (HOA), Blackrock, LLC, 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 and water system outside city limits at the Blackrock, LLC as
located as shown in Figure 1.
WHEREAS, Blackrock, LLC is the sole owner, in Jaw 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, hereinafter referred to as the Property; and
WHEREAS, Jdaho Code S50-323, 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 S 9-4-26 and 9-1-16; and
WHEREAS, the Blackrock, LLC is the owner of the Property, which is presently located
outside of the city limits of the City; and
WHEREAS, the Blackrock, LLC is desirous of obtaining connection to the Sewer/Water
to serve the Property and the City is willing to provide that connection to the
Sewer/Water service to the Blackrock, LLC 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 willingness to enter into this agreement that the City's
Ordinance and Policy/Regulations which govern its Sewer/Water system be included as
Blackrock - 1 of 7
terms and conditions of this agreement and that the BJackrock, LLC provide perpetual
consent to annexation of the Property in to the City.
NOW, THEREFORE, the parties hereby agree as follows:
Water
Blackrock, LLC will extend a 12" water main from the CITY water system to Blackrock.
Blackrock, LLC 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 Blackrock, LLC and is to meet CITY specifications and approval. The
building will be designed and constructed to allow for a future CITY well, which will be
constructed by the CITY. The booster station will have SCADA as approved by the
CITY and provided by Blackrock, LLC. Additionally, Blackrock, LLC will construct a
Pressure Reducing Valve (PRV) at this site, which will meet specifications and
approved by the CITY. Blackrock, LLC 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 flows. Blackrock, LLC is to donate the site to the CITY, which
will have a minimum 125'x125' dimension located near the pressure boundary and
approved by the CITY. Blackrock, LLC will provide an easement for a future waste line
constructed by the CJTY from this site to an appropriate drain ditch. Blackrock, LLC will
sleeve all road crossings and other appropriate places to minimize future construction
costs for the waste line. The Booster Station will have backup power with 24 hr tank
capacity for both pumps as approved by the CITY.
Blackrock, LLC will construct a water distribution system which will meet CITY
standards and will be approved by CITY prior to construction.
Blackrock - 2 of 7
CITY will operate the pumping facilities and distribution system. CITY will collect
hookup fees and monthly fees for this service.
Sewer Lift Station and Pressure Sewer
Blackrock, LLC will construct a Lift Station and pressure sewer line which will connect
into CITY sewer collection system. The lift station will be owned by the HOA and
operated and maintained by Challenger Electric (or equivalent). The pressure sewer
will be owned, by the City and the costs for maintenance shall be paid by the
Homeowners Association. The lift station will be designed to pump "off peak" to
minimize impact to the CITY sewer system. Storage capacity will be approved by CITY
and will have odor reducing capability as directed by CITY. Additionally, the HOA and
operator will add odor reducing chemicals if CITY determines this is required. The lift
station and pressure sewer lines will meet CITY standards and will be approved by
CITY prior to construction.
Blackrock, LLC will provide bonding and/or other guaranties as required by CITY for
future abandonment of the lift station and pressure sewer upon annexation. Blackrock,
LLC will provide SCADA to the WWTP as approved by the CITY.
The HOA will pay for maintenance of the lift station and pressure sewer.
BJackrock - 3 of 7
Sewer Lines
Blackrock, LLC will construct the sewer collection system which will meet CITY
standards and be approved by CITY prior to construction. CITY will operate the
collection system and will collect hookup and maintenance fees.
Inspection
CITY will inspect construction of all utilities to ensure that they meet CITY
specifications. Blackrock, LLC will pay for all overtime which may be required for this
service.
Annexation
At such time as the property becomes legally eligible for annexation into the City,
Blackrock, LLC or by 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.
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
containing additional details and provisions.
IN WITNESS WHEREOF, the parties do execute this Memorandum of Understanding
the day and year first above written.
Blackrock - 4 of 7
BLACKROCK, LLC
BY~~'-~
Dan Wood, Member ~
BLACKROCK, LLC SUBDIVISION
HOMEOWNERS ASSOCIATION, INC.
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Dan Wood, Director ~,
CITY OF MERIDIAN, IDAHO
By:
Attest: 'ia-;. ~ I
William Berg, Jr., City CleiJ< _
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STATE OF IDAHO, )
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County of Ada, )
On this 11-day of (~-^--., ,2005, before me, the undersigned, a Notary Public
in and for the State of Idaho, personally appeared Dan Wood, known or identified to me to be Member of
Blackrock, LLC, who executed this instrument on behalf of said Corporation and acknowledged to me that
such corporation executed the same.
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...~~'fJJ.~tl~EREOF, J have hereunto set my hand and affixed my official seal the day and
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Slackrock - 5 of 7
STATE OF IDAHO, )
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County of Ada, )
On this ~day of (.)t\:ok:L.L"-... ,2005, before me, the undersigned, a Notary Public
in and for the State of Idaho, personally appeared Dan Wood, known or identified to me to be a Director of
the Blackrock, LLC Homeowners Association, Inc, who executed this instrument on behalf of said
Corporation and acknowledged to me that such corporation executed the same.
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IN wrf~~.~~EOF, I have hereunto set my hand and affixed my official seal the day and
year firs~~~~'1J[r&f"'''''~.l'.~.
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STATE OF IDAHO, )
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County of Ada, )
On this ~day of Oe1n\orV ,2005, 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.
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Blackrock - 6 of 7
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MeridIan City Council
October 18,2005
Page 2 of 31
It crowds our streets for traffic. It brings us all kinds of social pressures. It brings us
more crime. It brings us drugs. It brings us all kinds of things, God, that are just a part
of life. It brings us more broken people, people that are seeking a way out of whatever
their circumstances were in other places. But, God, it also means that we have great
good in this community and you're bringing more good folks and good things to this
community, a healthy economy, and business. You have provided us with the good in
the lives of these five Council members and our Mayor, who care enough about where
they live to put their lives on the line to vote and to be criticized as they govern us. So,
bless them for their courage, direct them tonight in the decisions they will have to make
and live with. And I pray that you would bless their families. Bless the many volunteers
in this community. Bless the many other servants that serve in the various government
capacities, our police force, our fireman, who put their life on the line to make it a better
place. God, we need your direction in solving and maintaining the problems and the
place that we have. We do Jive in one of the very best cities and our city has been
recognized recently as being one of the finest 100 places to live in the United States.
We want to say thank you for that. We think you have a great deal to do with that
blessing. Again, God, direct this meeting, that decisions will be made that accomplish
your will and benefit the people that live here, in Jesusl name, amen.
Item 4:
Adoption of the Agenda:
De Weerd: Thank you, Pastor. Okay. Item NO.4 is the adoption of the agenda.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: We do have a revision or two here. We would -- after the Consent Agenda weld
like to add Item 13 off of the regular agenda before Item 6. And Item No. 20 weld like to
add an executive session as per 67-2345(1 )(c) of the Idaho Code. Our resolution
number under the Consent Agenda is 05-491. And our ordinance number from Item 14
through Item 19 are 05-1190 to 05-1195. With that I move we approve the revised
agenda.
Rountree: Second.
De Weerd: Okay. There is a motion to approve with the changes as noted. All those in
favor say aye. All ayes. Motion carries.
MOTION CARRIED: ALL AYES.
Item 5:
Consent Agenda:
A. Approve Minutes of September 20, 2005 City Council Regular
Meeting:
Meridian City Council
October 18, 2005
Page 3 of 31
B. Approve Minutes of September 27, 2005 City Council Regular
Meeting:
C. Findings of Fact and Conclusions of Law for Approval: AZ 05-
015 Request for an Annexation and Zoning of 59.30 acres from
RUT to R-8 zone for Crossfield Subdivision by Packard Estates
Development, LLC - 955 West Ustick Road:
D. Findings of Fact and Conclusions of Law for Approval: PP 05-
017 Request for Preliminary Plat approval of 246 building (244
residential units, 1 daycare & 1 pool/locker facility / restroom) lots
and 26 other lots on 59.30 acres in a proposed R-8 zone for
Crossfield Subdivision by Packard Estates Development, LLC -
955 West Ustick Road:
E. Findings of Fact and Conclusions of Law for Approval: CUP
05-022 Request for a Conditional Use Permit for a Planned
Development for single-family residential units with a request to
allow for reduced setbacks, reduced lot size, reduced frontages,
reduced house sizes and bJock lengths in excess of 1,000 feet in a
proposed R-8 zone for Crossfield Subdivision by Packard Estates
Development, LLC - 955 West Ustick Road:
F. Agreement with Valley Ride I Valley Regional Transit for FY
2006 Dues and Intercounty Services:
G. Renewal of Contract for Prosecution Services with the City of
Boise:
H. Development Agreement: AZ 05-024 Request for Annexation
and Zoning of 5 acres to L-O zone for Seventh Day Adventist
Church by Hawkins Companies - 1735 North Black Cat Road:
I. Resolution No. V AC 05-011 Request
for a Vacation of Irrigation Easements for Bonito Subdivision by
Dave Evans Construction - 3041 East Copper Point Drive:
J. Memorandum of Understanding between Blackrock. LLC and
Blackrock Subdivision HOA and the City of Meridian for
Hookup to City Sewer and Water:
K. Agreement for Services with AspireOn:
De Weerd: Item 5, Consent Agenda.
Bird: Madam Mayor?
Meridian City Council
October 18, 2005
Page 4 of 31
De Weerd: Mr. Bird.
Bird: I move we approve the Consent Agenda, which includes resolution number 05-
491 and for the Mayor to sign and the Clerk to attest on all proper papers.
Rountree: Second.
De Weerd: Okay. Motion to approve the Consent Agenda. Is there any discussion?
Rountree: I have none.
De Weerd: Okay. Mr. Berg, will you call roll.
Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea.
MOTION CARRIED: ALL AYES.
Item 13:
Ordinance No. 05-1188 Distribution
Pseudoephedrine Products (3rd Reading):
of
De Weerd: Thank you. As requested, we have moved Item 13 ahead of Item No.6. It
is the third reading of Ordinance No. 05-1188. Mr. Berg, will you, please, read this
ordinance by title only.
Berg: Yes. Sorry, Madam Mayor. Ordinance No. 05-1188, an ordinance enacting a
new Meridian City Code, Title 6, Chapter 3, Section -- oops. No. That's right. I'm sorry.
Section 11, to set limits on the over-the-counter distribution of certain --
Baird: Pseudoephedrine.
Berg: Yeah. Sorry. Is that the right one? Okay. Pseudoephedrine products, providing
a penalty, providing a savings clause, and providing an effective date.
De Weerd: Okay. Council, you have heard this read by title only and to the public as
well. Is there anyone who would like to hear it read in its entirety? Council, this is the
third reading and this is a valley wide initiative to help with our meth problem in the
valley. It has already been passed by Nampa, Caldwell, and Canyon County. Tonight
it's in its third reading in Eagle, Boise and Garden City. And here. And Parma has
passed it as well. Our executive director for the Treasure Valley partnership is sitting in
the back. He's been monitoring these all very closely. Again, this is only one defense in
curbing some of the issues we have with meth. But it is one of those first steps and
very critical. Council, is there -- at this point we have had the three required readings
and I would entertain a motion.
Bird: Madam Mayor?