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Home My WebLink AboutMemorandum of Understanding with Bittercreek Meadows Subdivision Homeowners Association for Bittercreek Meadows ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 8 BOISE IDAHO 11110/05 01:46 PM DEPUTY Bonnie Oberbillig 1111111111111111111111111111111111111 RECORDED - REQUEST OF 1 (:\517(:\9(:\2 Meridian City 1::.1 1::.1 1::.1 This sheet has been added to document to accommodate recording information. MEMORANDUM OF UNDERSTANDING BETWEEN JLJ ENTERPRISES, INC. AND BITTERCREEK MEADOWS SUBDIVISION HOA AND THE CITY OF MERIDIAN THIS MEMORANDUM OF UNDERSTANDING is made and entered into this 4 +i-L day of fj) r/~-bf)k:l€H, 2005, by and between Bittercreek Meadows Subdivision Homeowners Association, Inc. (HOA), JLJ Enterprises, Inc. (JLJ), and The City of Meridian, Idaho (City), to establish a mutual understanding of the terms, conditions, duties and responsibilities pertaining to the hookup to City's sewer and water system outside city limits at the Bittercreek Meadows Subdivision located as shown in Figure 1. WHEREAS, JLJ Enterprises Inc. is the sole owner, in law and/or in equity of a certain tract of land in the County of Ada, State of Idaho, generally depicted in Figure 1 and commonly known as the Bittercreek Meadows Subdivision, hereinafter referred to as the Property; and WHEREAS, Idaho Code 950-323, 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 9-4-26 and 9-1-16; and WHEREAS, the JLJ Enterprises Inc. is the owner of the Property, which is presently located outside of the city limits of the City; and WHEREAS, the JLJ Enterprises Inc. 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 SewerlWater service to JLJ Enterprises Inc. subject to the terms and conditions and consideration of this and future agreements, and it is specifically agreed that as a specific consideration of the City's willingness to enter into this agreement that the Bittercreek - 1 of 7 City's Ordinance and Policy/Regulations which govern its SewerlVVater system be included as terms and conditions of this agreement and that the JLJ Enterprises Inc. provide perpetual consent to annexation of the Property in to the City. NOW, THEREFORE, the parties hereby agree as follows: Water JLJ will drill a production well, construct a pump house, and provide backup power for pumping facilities. The facilities will meet CITY standards and will be approved by CITY prior to construction. JLJ will construct a water distribution system which will meet CITY standards and will be approved by CITY prior to construction. JLJ will provide SCADA (communications and control) for monitor and control of the water system. The SCADA system will be consistent will the existing CITY SCADA system. 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 JLJ will construct, in a location to be approved by City, a Lift Station and pressure sewer line which will connect into CITY sewer collection system. This system will be owned by the HOA and operated and maintained by Challenger Electric (or equivalent). 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 Bittercreek - 2 of 7 capability and 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. JLJ will provide bonding and/or other guaranties as required by CITY for future abandonment of the lift station and pressure sewer upon annexation. The HOA will pay for maintenance of the lift station and pressure sewer. City shall review and approve the CC&Rs of the HOA to assure that it contains adequate provisions to fund lift station and pressure sewer maintenance requirements. Sewer Lines JLJ 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. JLJ will pay for all overtime which may be required for this service. Non-Build and Non-Occupancy Agreements JLJ shall execute non-build and non-occupancy agreements for each of the planned lots on the property agreeing not to build structures or allow occupancy until such time as City's water and sewer requirements for the subdivision have been met. Bittercreek - 3 of 7 An nexation At such time as the property becomes legally eligible for annexation into the City, JLJ Enterprises Inc. 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. Termination This agreement may be terminated at any time by mutual agreement of the parties. Reimbursement JLJ will be reimbursed by CITY for water pumping facilities (pump and pumphouse). JLJ will provide adequate documentation to CITY regarding its actual cost to purchase and construct the pumping facilities within 60 days after construction. CITY will reimburse JLJ for these costs adjusted for inflation, within 60 days after annexation. In the event that a jurisdiction other than City annexes the Property, City's reimbursement obligation shall be null and void. Agreement to Negotiate to Final Agreement The parties contemplate that further negotiations will take place regarding the subject matter of this agreement and that the parties will execute a more detailed Final Agreement containing additional detailed terms and conditions to carry out the intent of this Memorandum of Understanding. Bittercreek - 4 of 7 IN WITNESS WHEREOF, the parties do execute this Memorandum of Understanding the day and year first above written, By BITTERCREEK MEADOWS SUBDIVISION HOMEOWNERS ASSOCIATION, INC. By CITY OF MERIDIAN, IDAHO By: /O/",/os- . Attest: cc A~~..._f Bittercreek - 5 of 7 STATE OF IDAHO, ) : ss. County of Ada, ) On this iI-t!: day of {)c.l7Jhe/ ,2005, before me, the undersigned, a Notary Public in and for the State of Idaho, personally appeared Jim Jewett, known or identified to me to be the President of JLJ Enterprises, Inc, who executed this instrument on behalf of said 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 abov~etiloqqq ......... ~. ALLs. q........ ...... c,~ .,....t........ <It ...... r: ~ 19 00.., ~ SEAL ::...., .... "R y" .. ~~.. o~J1o 0.. ':. e : ~ . e-: :- G~ , 0 .., : e ,. (.,: : . ~ ,e = \ "lib PUy,\> 10; ~ eI. ..;: ~"" J'1'''r;''~00~ .9""'" -1 'l'E 0' ""e STATE OF IDAHO, ) : ss. b Jk.- Notary PUbl~ Idaho. Residing at: !\do. GWl:l~ My commission Expires: . y~ (JiU County of Ada, ) On this ~day of D(fu~-W ,2005, before me, the undersigned, a Notary Public in and for the State of Idaho, personally appeared Jim Jewett, known or identified to me to be a Director of the Bittercreek Meadows Subdivision Homeowners Association, Inc. , who executed this instrument on behalf of said 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. .."CGGOUOii,ge ~, L q"'Q SEAL !,>'I,..' ~. ^ LEll> Q...."" .:> <l'.. e~&eo€l ~t' ~ ~ e-.V.!'!,f' . "0 "" .. .\'7 fI>'Ir. eI-:' ....... RY 0 e :J:-...}p....[S; "€I ':. ... t... 0' 10 .... ~~Q ~ . ol;I- : $"" tJIJ1' 0 - ': : ,. v:: :: ': \ " &0= \ eI.. PU?iV .1 ~i ~#. o€l" ",0 :'Ie' $ .... J' "oo..m." ,\-Q ...... ........ 1'it TO:: O~ .......' "/Ill n;; fj'l,'li 's'seuu'"'' STATE OF IDAHO, ) : ss. County of Ada, )....-{h . . . On this lday of 11 @Vf,111.}:JuU ,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. Onl!ls 111 (}). Ill. Q IlJ IlJ Iil a \II SEAL Bittercreek - 6 of 7 2hff>11Vl SituJ#u >> tary Public for Ijaho I !lesiding at: rvu &/rJa I Illy commission Expires: ..II .@ Jd /0- /s-it '" :: Q "C ~ ~ .:;t ~ ~ J,., <:J J,., ~ ..... ..... ~ I .-l ~ J,., & rz ..x: <1.> ~ 2 <1.> :t:: OJ I"- '0 I"-