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HomeMy WebLinkAboutAgreement to Hookup to Sewer and Water Outside of City Limits with Mary Whale ADA COUNTY RECORDER J. DAVID NAVARRO BOISE IDAHO 11/02106 01:42 PM DEPUTY Lisa Irby RECORDED-REQUEST OF City of Meridian AMOUNT .00 8 1111111111111111111111111111111111111 106173225 ---- --~--,--.-._..... AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/W A TER SYSTEM OUTSIDE THE CITY LIMITS: 2660 East Franklin Road Meridian, ill 83642 THIS AGREEMENT is made and entered into this _8_ day of SeDtember , 2006 , by and between CITY OF MERIDIAN, a Municipal corporation of the State ofIdaho, hereinafter referred to as "CITY", and Man Whale , as hereinafter defmed and hereinafter referred to as "SEWER/W A TER USER"_ 1. RECITALS: 1.1 WHEREAS, "SewerlWater User" is the sole owner, in law and/or in equity of certain tract of land in the County of Ada, State of Idaho, described 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 SewerfW ater systems; and 1.3 WHEREAS, "City" operates and maintains and develops as SewerlW ater system; and 1.4 WHEREAS, the "City" has enacted an ordinance governing its SewerlWater system codified in Meridian City Code ~ 9-4-26 and 9-1-16; and 1.5 - WHEREAS; the "SewerlWatet User" 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 "SewerlWater User" is desirous of obtaining connection to the Sewer/W ater to serve the "Real Property" and the "City" is willing to provide that connection to the Sewer/Water service to the "Sewer/Water 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 tenns and conditions of this agreement and that the "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 UMITS PagA - 1 0{ .~ 2. DEFINITIONS: For all purposes of this agreement the following words, terms, and phrases herein contained in this section shall be defmed 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 "SewerlWater 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) of real 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 SewerfWater system presently at Meridian City Code ~ 9-4-26 and 9-1~16, 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 of the City of Meridian governing the "SewerlW ater System". 2.5 "PolicylRegulations": means and shall refer to any City Council enacted policy and/or regulation of its SewerlW ater system. 2.6 "SewerlWater System": means and shall refer to the City's Sewer/Water 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 "SewerlW ater System" to service the "Real Property" subject to the terms and conditions of this Agreement. AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY UMITS Page 2 ofK 5. CONDITIONS AND REQUIREMENTS OF SEWERIW ATER USER FOR THE HOOKUP OF THE SEWERIW ATER LINE TO THE REAL PROPERTY: The hookup and assessment costs relative to the "SewerlW ater System" connection shall be the responsibility of the "SewerfWater User". 6. ORDINANCE APPLICATION: The "Ordinance" and '4PolicylRegulations" apply to the SewerlW ater service and connection and are herein incorporated as specific terms of this agreement and at such time or times as the '4Ordinance" and/or 44PolicylRegulations" 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 '4City", the '4SewerlWater 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 and 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 shall be in accordance with the provisions of the 440rdinance" and/or "PolicylRegulations" as are applicable for real properties outside of the city limits. 9. REQUIREMENT FOR RECORDATION: UCity" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at 44SewerfW ater User" cost, and submit proof of such recording to "SewerlW ater 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 AGREEMENT FOR HOOKUP TO THE CTIY OF MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS -3 o. cr Page . _ f...ll.- by either "City" or "SewerlWater User", or by any successor or successors 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 SewerlW ater 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 defaultingparty 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 "SewerIWater 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 time for such performance shall be extended by the amount of time of such delay. 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 Public Works Director City of Meridian 660 E. Watertower, Suite #200 Meridian, Idaho 83642 PROPERTY OWNER: * Mary Whale * 2660 E. Franklin RD * Meridian ill. 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. AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/WATER SYSTEM OlITSIDE THE CITY IJMITS - 4 tj Page of 0 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 of the essence with respect to each and every term, 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' 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 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 therefrom and the invalidity thereof shall not affect any of the other provisions contained herein. 17. FINAL AGREEMENT: TIlls Agreement sets forth all promises, inducements, agreements, condition and understandings between "Sewer/Water User" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oml or written, express or implied, between "Sewer/Water User" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteratio~ 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". AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS -5 Page of t 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: Ibis 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 .' / / ' ~ wi 'WLll/ Name: ary ale CITY OF MERIDIAN "'?() DE WEERD ATTEST: d@.o . AGREEMENT FOR HOOKUP TO THE CIlY OF MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CIlY UMITS Page 6 of ~ AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS -7 _ tJ Page nt......tL- STATE OF IDAHO, ) : ss. County of Ada) On this I ~ ih. day of .s II ~ ~ vn ~ ( . in the year 200 b , before me, the undersigned, a Notary Public, personally appeared, f\1A't1..Y WH 41-i , known or identified to me to be the property owner, who executed the instrument. ~~A~ Notary Public for Idaho Residing at: 80 I S f:- I D ^ /-(Q MyCommissionExpires:~zb !Zo( () County of Ada ) On this ~ I day of 0(+0 J;X^---> . in the year 2oLL;, 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, of the 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 WIlNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. _(SEAL) ~...~Nl~..... .. 'fA A .. . .!ta..O .-qJ.a . :,.... ,~ . : ' . . . I . . . . . . ' . . . \ / . ..~'~V. ~r.t f1I .. ....... Sh M /(7 ~(L~+--~ Notary Public for Idaho Residing at: IYU /6171. Y (j/ My Commission Expires: I () ""is- --- { { . AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY IJMITS p~8 of ~.