HomeMy WebLinkAboutAgreement to Hookup to Sewer and Water Outside of City Limits with The Church of Jesus Christ of Latter Day Saints
Apr.26. 2006 2:11PM
No.5557 p. 3
ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 06/16/06 10:44 AM
~~~~~~E~~a~~~~~:f OF 1//1111111111111111111111111111111111
Meridian City 106096022
AMOUNT .00
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AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWERIW ATER
SYSTEM OUTSIDE THE CITY LIMITS
THIS AGREEMENT is made and entered into this ..k2 day of M ~ '
20 fJG ' by and between CITY OF ME~' ~piJ ""'a:::lon of the Stat of
Idaho, hereinafter referred to as "CITY", an (j Jt(f&JC tI (~~ ' as
hereinafter defined and hereinafter referred to as "SEWE A TER USER""
L
REelT ALS:
1..1 WHEREAS, "ScwerIWater User' is the sole owner, jn law and/or in
equity of certain tract of land in the County of Ada, State of idaho,
de:scribed in Exhibit .'A", which is attached hereto and by this reference
incorporated herein as if set forth in full, hereinafter referred to as the
"Property"; and
1.2 WHEREAS, Idaho Code ~50-323, provides and empowers cities to
establish, create, develop, maintain. and operate SewerlW ater systems; and
1.3 WHEREAS, "City" operates and maintains and develops as Sewer/W ater
system; and
1.4 WHEREAS, the "City" has enacted an ordjnance governing its
Sewer/Water system codified in Meridian City Code ~ 9-4-26 and 9-1-16;
and
J.5 WHEREASj the "Seyverrwater User" is the owner of "Real Property"
hereinafter described which js presently located outside of the city limits
of the '.City"; and
1.6 WHEREAS, the ~~SewerlW ater' Use!" is desirous of obtaining connection
to the Sewer/Water to serve the '~eal Property''' and the "City" is willing
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" willingness to enter into this agreement that the "City's"
"Ordinance" and ..PolicylRegulations" which govern its Sewer/Water
system be included as terms and conditions of this 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/WATER SYSTEM OUTSIDE THE CITY LIMITS
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2,
DEFINITIONS:
For all purposes of this agreement 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 "'City": means and refers to the City of Meridian, County of Ada, State of
Idaho.
2.2 "Sewer/Water User': means and shall refer to and/or the person who is
the owner of the real property.
2.3 "Real Property": means and shall refer to certain parcel(s) ofTeal
property located in the County of Ada, City of Meridian as described in
Exhibit "A", attached hereto and by this reference incorporated herein as if
set forth at length together with improvements thereon.
2..4 "Ordinance": means and shall refer to the City's ordinances that
appertain to the regulation and control and use of its SewerlWater system
presently at Meridian City C-Ode 9 94-26 and 9-1-l6, 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....
2.5 "Policy/Regulations": means and shall refer to any City Council enacted
policy and/or regulation of its SewerlWater system..
2.6 "Sewer/Water System": means and shall refer to the City's SewerIWater
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 ATER HOOKUP SERVICE:
The "City" agrees to authorize a connection to the "Sewer/Water System" to
service the "Real Property" subject to the terms and conditions of this Agrooment.
AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S
SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS
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No.5557 p. 5
5.
CONDITIONS AND REQUIREMENTS OF SEWERIW A TER USER FOR
THE HOOKUP OF THE SEWER/W A TER LINE TO THE REAL
PROPERTY:
The hookup and assessment costs relative to the .'SewerlWater System"
connection shall be the responsibility of the "Scwer/Water User".
6..
ORDINANCE APPLICATION:
The "Ordinance" and "PolicylRegulations" 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 "Policy/Regulations" 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" herein 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 an,d application for such
annexation in acCoTdance with Le. ~ 50-222 or any amendments or recodification of said statute.
8.
HOOKUP AND SERVICE FEES:
The charges for hookup, inspection, and service fees shaH be in accordance with
the provisions of the "OrdinanceH and/or "PolicyfRegulations" as are applicable 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 "SewerlWater User" cost, and submit proof of such recording to
"Sewer/Watcr 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/Warer User", or by any successor or successors
AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S
SEWER/WATER SYSTEM OUTSIDE THE CITY UMITS
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No.5557 p. 6
in title 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 SewetlWater service to all users located
on the real property covered by this agreement,
J 1.2 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.
11..3 In the event the performance of any covenant to be performed hereunder
by either "SewerfWater User" or "City" is delayed for causes which are
beyond the reasonable control of the party responsible for such
performance, which shall include, without limitation, acts of civil
disobedience, strikes or similar causes, the timc for such performance shall
be extended by the amount of time of such delay..
12" NOTICES;
l2.1 Any notice desired by the parties and/or required by this Agreement shall
be deemed delivered if and when personally delivered or three (3) days
after deposit in the United States Mail, registered. 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:
:$ 1f'(}.,re f::/lIl !~
* ~ 0- 80)( {,O ~
: ~11-7(e I ::cP 33' "
with copy to:
City Clerk
City of Meridian
33 E. Idaho Ave.
Meridian, Idaho 83642
12.2 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
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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 detcnnined by a Court of competent
jurisdiction. This 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 essence with
respect to each and every tenn, 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 other party so failing to perform..
15. BINDING UPON SUCCESSORS:
This Agreement shall be binding upon and inure to the benefit of the parties'
re~1'ective heirs, successors, assigns and personal representatives~ including '"City's" corporate
authorities and their successors in office. Ibis 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..
16" INVALID PROVISION:
If any provision of this Agreement is held not valid by a court of competent
jurisdiction, such provision shall bc deemed to be excised therefrom 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
understandings 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
implied, 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 CITY OF MERIDIAN'S
SEWER/WATER SYSTEM OUTSIDE THE CITY UMITS
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No.5557 p. 8
18. TERMINATION:
At such time as the '.Real Property" is annexed into the City, this agreement shall
terminate except for any default that exists at such time shall still be enforceable pursuant to the
terms of this agreement.
19.. EFFECTIVE DATE:
This Agreement shall be effective at such time as both parties have executed this
Agreement..
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and
made it effective as hereinabove provided.
Property Owner
~~
Name:
CITY OF MERIDIAN
A TIEST:
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j/Uo..m.::hAi H)-~cL~ . j
WILLIAM G. BERG, JR" CITY CI.: RK \. ~_ r 1$1 .0;; .j.> f
BY RESOLUTION NO. ,__, ""'(~~. ~"...:,", ('
~ ~\ CJ)u5f\~~ \ .~~~\\'tJ \ :)a5lp
AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S
SEWER/WATER SYSTEM OUTSIDE THE CITYIJMITS
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Apr.26. 2006 2:13PM
No.5557 P.9
STATE OF IDAHO, )
: SS.
County of Ada)
On this 2"3 day of J!l u.y' in the year 20~, before me,
the undersigned, a Notary Public, personally appeared,fd) Bu1:;'aIt., known or identified to me
to be the property owner, who executed the instrument.
.~. . "B fSS WHEREOF,l have hereunto set my hand and affixed my official
seal, theM'" ~ certificate first above written.
.:~;' 0 Ji.,"~.. ~
(SE4)i41/~ \ \ \0 ) 0-. ~~
, '. .
: t : : otary Publi~ for Idaho ,
~ ... ! : Residing at:ot'\ \k \:f\f'r- ~ ~ ~.6)r\ Q;
....~..~~I My Commission EXpires: \6-::l ~ 0<1-
.it~ ar~.
........
STATE OF IDAHO, )
: ss"
County of Ada )
On this r?:> day of d l.{AtU , in the year 20 tiP, before me "-rOJ (k m. f, ( ,
the undcrsignec:4 a Notary Public, personally appeared TAMMY DE WEERD and WILLlA:iiG.
.BERe, JR., known or identified to me to be the Mayor and^Cler~!c.m~tivety, of the City of
Meridian, who executed the instrument or the persons that ex€ct~eath~instrument on behalf 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)
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8hCUlmSnu'~
Notary Public for Idaho
Residing at: YYl () [he,,- cJcI
My Commission Expires:--LQ-rS--( I
AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIANS
SEWERjWATER SYSTEM OUTSIDE THE CITY LIMITS
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ANNEXATION 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 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA
COUNTY, IDAHO MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CO~'ER OF THE NORTHEAST 114 OF
THE SOUTHEAST 1I4(E.lf4 CORNER) OF SECTION 3{)~ T. 4 N., R. 1 E.. B.M.; THE
REAL POINT OF BEGINNING OF THIS ANNEXATION DESCRIPTION;
lllENCE ALONG THE EAST Lll'-.TE OF THE l'rE 1/4 OF THE SE ]/4 OF SAID
SECTION 30 S OOO()()'OO" W 867.15 FEET TO A POINT;
THENCE N 89013'04" W 785.07 FEET TO A POINT;
THENCE N 00000'00" E 851.88 FEET TO A POINT ON THE NORTH LlI"'4c OF SAID
NE 1/4 OF TIIE SE 1/4;
THENCE ALONG SAID NORTH LINE N 89040'0l" E 785.00 FEET TO THE REAL
POINT OF BEGINNING. SAID PARCEL CONTAINS 15.49 ACRES. MORE OR
LESS. SAID DESCRIPTION W AS PREPARED FROM DATA SHOWN ON RECORJ)
OF SURVEY NO. 1536, INSTR. #8962740, M1) NOT FROM. AN ACTUAL HELD
SURVEY BY BRIGGS ENGINEERING.
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WAYNE K. BARBERf a: \'~S,\PLS 8444
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