HomeMy WebLinkAboutAgreement to Hookup to Sewer and Water Outside of City Limits with JLJ Enterprises for Bittercreek Meadows
ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 08/24/06 01 :51 PM
DEPUTY Patti Thompson
RECORDED - REQUEST OF
City of Meridian
AMOUNT .00
9
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106137050
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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 ~ day of A oJ t'i" =- L,
2006, by and between CITY OF MERIDIAN, a Municipal corporation ofthe State o. daho,
hereinafter referred to as "CITY", and JLJ ENTERPRISES INC., as hereinafter defined and
hereinafter referred to as "SEWER/WATER USER" and/or "DEVELOPER".
1.
RECITALS:
1.1 WHEREAS, "JLJ Enterprises Inc." is the sole owner, in law and/or in
equity of certain tract of land in the County of Ada, State of Idaho, more
particularly described as the amended plat of BITTER CREEK
MEADOWS SUBDIVISION, according to the official plat thereof
recorded on the 2ih day of June, 2006 in Book 95 of plats at pages 11732
through 11735, as instrument No. 106102994, hereinafter referred to as the
"Property"; and
1.2 WHEREAS, Idaho Code 950-323, provides and empowers cities to
establish, create, develop, maintain and operate Sewer/Water systems; and
1.3 WHEREAS, "City" operates and maintains and develops a Sewer/Water
system; and
1.4 WHEREAS, the "City" has enacted an ordinance governing its
Sewer/Water system codified in Meridian City Code
1.5 WHEREAS, the "JLJ Enterprises Inc." is the owner of "Real Property"
hereinafter described which is presently located outside of the city limits
of the "City"; and
1.6 WHEREAS, the "JLJ Enterprises Inc." is desirous of obtaining connection to
the Sewer/Water to serve the "Real Property" and the "City" is willing to
provide that connection to the Sewer/Water service to the "JLJ Enterprises
Inc." subject to the terms and conditions and consideration ofthis 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
terms and conditions of this agreement and that the "JLJ Enterprises Inc."
provide perpetual consent to annexation of the "Real Property" in to the
"City"; and
1.7 WHEREAS, City and JLJ Enterprises have previously executed a
AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S
SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS
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Memorandum of Understanding dated October 4,2005 regarding this matter,
and that Memorandum of Understanding contemplated that the parties would
execute this detailed agreement to contain additional details about the terms
and conditions.
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 ofthe presentation ofthe 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 JLJ Enterprises Inc.
And/or the person who is the developer of the real property.
2.3 "Real Property": means and shall refer to certain parcel(s) of real
property located in the County of Ada, City of Meridian as described in
Exhibit "A", attached hereto and by this reference incorporated set forth at
length together with improvements thereon.
2.4 "Ordinance": means and shall refer to the Cities ordinances that appertain
to the regulation and control and use of its Sewer/Water system and this
definition specifically includes any prospective amendments and/or
recodifications to said ordinance or any parts thereof, and shall also refer
to any other ordinance ofthe City of Meridian governing the
"Sewer/Water System".
2.5 "Policy/Regulations": means and shall refer to any City Council enacted
policy and/or regulation of its Sewer/Water system.
2.6 "Sewer/Water System": means and shall refer to the Cities Sewer/Water
system.
NOW THEREFORE, in consideration ofthe 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 SEWER / WATER HOOKUP SERVICE:
AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S
SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS
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The Developer has constructed gravity sewer lines within the subdivision which
will be owned and operated by the City. At the terminus ofthe gravity lines the City will
construct a lift station. The City will construct a dual force main from the lift station
approximately 2 miles to a gravity sewer main to be constructed in Ten Mile at the West entrance
of the proposed SouthRidge Subdivision.
The City shall design and construct the lift station to be owned and operated by
City. Prior to completion of construction of the lift station, force main, and connectivity to
SouthRidge, the developer is responsible for collection and disposal of sewage and the City will
not be responsible for collection, but City agrees to accept the sewage at its treatment plant at no
charge. The developer shall provide adequate power to the site, as approved by the City. The
Developer shall acquire all easements required. The Developer shall donate Yz acre for the lift
station site at a mutually agreed location. The Developer shall cover all hookup fees which can
not be collected by the City. The Developer shall donate all collection and distribution lines.
The "City" agrees to allow a connection to the "Sewer/Water System to service
the "Real Property" subject to the terms and conditions ofthis Agreement, which is conditioned
upon the following:
1. The Developer shall be responsible for constructing the sewer
lines from each lot with in the Bittercreek Meadows Subdivision to the
proposed lift station.
2. The Developer shall construct a potable water well at Developer's
cost in the subdivision under water right No. 63-31957 attached as Exhibit
"B" and approved by DEQ see attached Exhibit "C". The Developer agrees to
provide telecommunication and standby power at well house. The City shall
assume operation and maintenance ofthe well upon satisfactory completion of
well and water distribution lines. The City will approve all plans for the
construction ofthe well provided that City standards are met. The Developer
agrees to donate the well and well lot, pump house, and water right. The
Developer shall provide and maintain adequate power to the site. The HOA
shall maintain the landscaping at the well site.
3. The City will design and construct a sewage lift station at a
location suitable to the City for the potential of becoming a regional lift
station. The Developer agrees to donate a lot sized ~ acre minimum suitable
to house the proposed future regional lift station. The Developer shall provide
and maintain adequate power for the lift station. The HOA shall maintain the
landscaping around the lift station.
4. JLJ Enterprises Inc. shall provide Consent to Annexation, (See
attached exhibit "D") for each of the twenty four (24) residential building lots
AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S
SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS
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plus the three (3) common lots of Bitter creek Meadows upon recording ofthe
plat. The Consent agreement shall inform any potential buyer of a residential
building lot that when the subdivision becomes contiguous to the City of
Meridian city limits, that the twenty four (24) residential building lots will be
annexed into the City of Meridian.
5. JLJ Enterprises Inc. shall be required to supply an RE-26, Sellers
Property Condition Disclosure Form for New Construction Only and/or RE-
25, Seller's Property Disclosure Form whenever a residential building lot is
sold to inform the prospective buyer that the lot will have to be annexed into
the City of Meridian when the City becomes contiguous. Additionally, if the
building lot is sold without a licensed realtor, then and in that case, the
Consent to Annexation Agreement, which would have been recorded against
the property, would then tie the property into annexation into the City of
Meridian. See attached Exhibit "D".
6. Each lot shall pay a sewer/water assessment fee for each of the
twenty four (24) residential lots prior to the City's release of the Non-Build
Agreement for that particular lot. Each lot shall also execute Non-Build and
Non-Occupancy Agreements prior to execution of this Agreement, attached as
exhibits "E" and "F". The Developer agrees to pay to City all hookup fees
which are not collected by the City.
5.
CONDITIONS AND REQUIREMENTS OF SEWERIW ATER USER FOR
THE HOOKUP OF THE SEWERlWATER LINE TO THE REAL
PROPERTY:
The hookup and assessment costs relative to the "Sewer/Water System"
connection shall be the responsibility of the "Sewer/Water User".
6.
ORDINANCE APPLICATION:
The "Ordinance" and "Policy/Regulations" apply to the Sewer/Water service and
connection and are herein incorporated as specific terms of this agreement and at such time or
times as the "Ordinance" and/or "PolicylRegulations" 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", JLJ Enterprises Inc. or by any successor or successors in title or by the assigns of the
parties hereto gives consent to such annexation, agrees to pay the annexation application fee,
apply for annexation, and diligently pursue annexation into the City. This provision of this
AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S
SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS
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Agreement is a written request and application for such annexation in accordance with r.e. 950-
222 or any amendments or recodification of said statute.
8.
HOOKUP AND SERVICE FEES:
The charges for hookup, inspection, and service fees shall be in accordance with
the provisions ofthe "Ordinance" and/or "PolicylRegulations" 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 "JLJ Enterprises Inc." cost, and submit proof of such recording to
JLJ Enterprises Inc.
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 JLJ Enterprises, or by any successor or successors in
title or by the assigns ofthe parties hereto. Enforcement may be sought by
an appropriate action at law or in equity to secure the specific performance
ofthe covenants, agreements, conditions, and obligations contained herein.
In addition, remedies available to the City include but are not limited to,
termination of Sewer/Water service to all users located on the real property
covered by this agreement.
11.2 In the event of a default, written Notice of Default shall be served and
defaultinKparty 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 "JLJ Enterprises Inc." or "City" is delayed for causes which are
beyond the reasonable control ofthe party responsible for such
performance, which shall include, without limitation, acts of civil
disobedience, strikes or similar causes, the time for such performance shall
be extended by the amount of time of such delay.
AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S
SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS
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12.
NOTICES:
12.1 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 Meridian City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, Idaho 83642
PROPERTY OWNER:
JLJ Enterprises Inc.
1560 Carol Street
Meridian, Idaho 83642
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.
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. This provision shall be deemed to be a separate contract between the parties and
shall survive any default, termination or forfeiture of this Agreement.
14.
TIME IS OF THE ESSENCE:
The parties hereto acknowledge and agree that time is strictly ofthe essence with
respect to each and every term, condition and provision hereof, and that the failure to timely
perform any ofthe 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:
AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S
SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS
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..
This Agreement shall be binding upon and inure to the benefit of the 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 ofthe
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 be deemed to be excised there from and the invalidity thereof
shall not affect any ofthe other provisions contained herein.
17.
FINAL AGREEMENT:
This Agreement sets forth all promises, inducements, agreements, condition and
understandings between JLJ Enterprises Inc. 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 JLJ Enterprises mc. 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 duly
adopted resolution of "City".
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.
AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S
SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS
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ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and
made it effective as hereinabove provided.
Property Owner
s President
CITY OF MERIDIAN
ATTEST:
By~~L
MAYOR i MY DE WEERD '
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STATE OF IDAHO, )
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County of Ada)
On this ~ day of ~ucl- , in the year 200r. before me, the
undersigned, a Notary Public, personally app ed, James L. Jewett, known or identified to me to
be the President of JLJ Enterprises Inc., who executed the instrument.
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~.. . '!~___ .WHEREOF, I have hereunto set my hand and affixed my official
seal, the d ~it.aai' s ctMtificate first above written.
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AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S
SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS
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"
STATE OF IDAHO, )
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County of Ada ) , &
On this t1)'\ c.l day of ,AL.\J~l~~' , in the year 2001, before me, the
undersigned, 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, ofthe City of
Meridian, who executed the instrument or the persons that executed the 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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My Commission Expires: 10 -!';-{(
AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S
SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS
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