HomeMy WebLinkAboutRinker Properties, LLC 330 N. Linder Road Water Service Outside Meridian City Limits ADA COUNTY RECORDER Trent Tripple 2024-063346
RECORDING REQUESTED BY AND BOISE IDAHO Pgs=5 VICTORIA BAILEY 11/07/2024 08:05 AM
WHEN RECORDED RETURN TO: CITY OF MERIDIAN, IDAHO NO FEE
City Clerk
City of Meridian
33 E.Broadway Avenue
Meridian,ID 83642
AGREEMENT FOR PROVISION OF WATER SERVICE OUTSIDE MERIDIAN CITY
LIMITS: PARCEL NUMBER R3579000015,330 N.LINDER ROAD
This AGREEMENT FOR PROVISION OF WATER SERVICE OUTSIDE MERIDIAN
CITY LIMITS ("Agreement")is made this 6th day of November , 2024("Effective
Date"), by and between the City of Meridian, a municipal corporation organized under the laws
of the State of Idaho, whose address is 33 East Broadway Avenue,Meridian,Idaho("City"), and
Rinker Properties LLC, 385 Creekview Drive,Meridian,Idaho("User") (collectively, "Parties").
WHEREAS,User is the owner of parcel number R3579000015,township/range/section
3N1W12,located at 330 N. Linder Road,Meridian,Ada.County,Idaho ("Subject Property"),
which real property is located outside of Meridian City limits;
WHEREAS,the Subject Property is already served by City sewer services, which have
been provided since February 25,2009,but due to a failing private water delivery system,User
seeks to connect the Subject Property to the City water system;
WHEREAS,the City is authorized by Idaho Code section 50-323 to develop, operate,
and maintain a domestic water supply,and to protect the same from contamination, and the City
does exercise such authority,including by the adoption and enforcement of Title 9,Chapters 1
and 4, Meridian City Code;
NOW,THEREFORE,for good and valuable consideration,the receipt and sufficiency
of which is hereby acknowledged and agreed, and in consideration of the mutual promises and
covenants herein contained, and in consideration of the recitals above, which are incorporated
herein,the Parries agree as follows:
I.COmV um ENTS BY CITY.
A. Provision of Services. At all times relevant hereunder,City shall provide water service
to the Subject Property, subject to the terms and conditions of this Agreement and any
and all applicable laws and City ordinances.
B. Billing. City shall bill User monthly for water and sewer usage according to the
metering, accounting, and billing system in place under Meridian City Code and the
policies and practices of the City of Meridian.
C. Recordation. City shall record this Agreement, and shall submit proof of such recording
to User.
AGREEMENT FOR EXTENSION OF DOMESTIC WATER
SERVICE OUTSIDE MERIDIAN CITY LIMITS—330 N.LINDER ROAD PAGE 1 OF 5
H.COMMITMENTS BY USER.
A. Payment for City services. User shall be responsible for fulfilling User's obligation to
pay to City any and all costs related to water infrastructure construction,materials, and
connection, including,but not limited to: hookup, assessment,meter installation, and
inspection fees. Upon connection to the City's water system,User shall pay to City all
applicable fees and costs for water and sewer services provided, including, but not
limited to use fees, as such are calculated and billed by City as set forth herein and
established by law or City ordinance. The exclusive remedy for disputes, objections, or
appeals regarding such fees and charges shall be appeal to the Board of Adjustment under
the procedures set forth in Meridian City Code. Notwithstanding any other provision of
this Agreement, this provision shall be binding upon User and upon any and all
successors in interest of User and/or to the Subject Property.
B. No cross-connection. User shall abide by and comply with any and all applicable
provisions of law, which shall specifically include,but shall not be limited to, compliance
with Title 9, Chapter 3, Meridian City Code and/or any and all similar ordinances
subsequently adopted, which prohibit the installation and/or maintenance of a cross-
connection to the City's water system.
C. Annexation. User hereby explicitly agrees to annexation of the Subject Property into the
City of Meridian. User shall, within thirty (30) days of execution of this Agreement, and
at User's sole expense, submit a complete application for annexation into the City of
Meridian and connect any and all occupiable buildings then located upon the Subject
Property to the City water and sewer system. Should User fail to submit such
application,User acknowledges and agrees that City shall be authorized to initiate the
process of annexing the Subject Property, at User's sole expense, and,if necessary, to
assess all costs and fees related to such annexation against the utility account for the
Subject Property. User further acknowledges and agrees that User's failure to pay any
utility bill due and owing,including any portion for annexation costs and fees,may result
in disconnection of water services to the Subject Property and/or debt collection
proceedings or other civil remedies.
D. Discontinuance of private water and sewer. Upon connection and provision of City
water and sewer service to the Subject Property, User shall disconnect and discontinue
the use of any and all private septic or sewer systems on the Subject Property other than
the City sewer system, and shall abandon and discontinue the use of any and all private
water wells or systems on the Subject Property other than the City water system.
E. Development agreement.User acknowledges that,pursuant to Idaho Code section 67-
651 lA and the Meridian Unified Development Code ("UDC"), as part of the annexation
process,User will be required to enter into a development agreement concerning the
use or development of the Subject Property. Such development agreement will
include requirements that the use of the Subject Property comply with all provisions
of the UDC and Meridian City Code, including those provisions related to land use,
specific use standards, landscaping, access, parking, and other conditions as may be
appropriate and necessary to carry out the policies of the comprehensive plan, regulate
AGREEMENT FOR EXTENSION of DOMESTIC WATER
SERVICE OUTSIDE MERIDIAN CITY LIMrrs-330 N.CINDER ROAD PAGE 2 of 5
the uses of property and structures within the City of Meridian, and protect and promote
public health, safety, and general welfare.
F. Consent to entry. User shall, and hereby does,provide perpetual consent and access to
the City to enter the Subject Property for the purpose of inspecting any and all water and
sewer pipes, connections, and related infrastructure. Except as to routine meter readings
or in the event of an imminent or realized threat to the public health, safety, or welfare,
City shall attempt to provide User at least twenty-four(24)hours prior notice of such
entry; such notice may be verbal or written and may be posted at the Subject Property.
M.GENERAL PROyNioNs.
A. Default. Any failure to perform the terms and conditions of this Agreement, or any
portion thereof, shall be a default hereunder. In the event of a default,the non-defaulting
parry may serve a written Notice of Default upon the defaulting parry by the method set
forth herein. Except in case of an imminent or realized threat to the public health, safety,
or welfare,the defaulting parry shall have thirty (30) days following delivery of such
notice to cure or correct the default before the non-defaulting party may seek any remedy
as provided herein. Notwithstanding any other provision of this Agreement, this
provision shall be binding upon the Parties and upon any and all successors in interest
thereof.
B. Enforcement.This Agreement shall be enforceable in any court of competent
jurisdiction by either City or User, or any respective successor(s)in interest thereof. An
action at law or in equity, as appropriate, shall he to secure specific performance of any
covenant, agreement, condition,commitment, and/or obligation set forth herein. In
addition,remedies available to City shall include,but shall not be limited to,termination
of water and/or service to User and/or to any successor(s)in interest.
C. Notices. Any notice desired by the Parties or required by this Agreement shall be
deemed delivered after deposit in the United States Mail, postage prepaid, addressed as
follows:
City: City of Meridian
Attn: Public Works Department Director
33 E. Broadway Ave.
Meridian, Idaho 83642
User: Rinker Properties LLC
385 Creekview Drive
Meridian,Idaho 83646
Either Party may change its address for the purpose of this section by delivering to the
other Parry written notification of such change, establishing a new address for noticing
purposes, in accordance with the requirements of this section.
D. Time is of the essence. The Parties 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 and
default hereunder by the Parry so failing to perform.
AGREEMENT FOR EXTENSION OF DOMESTIC WATER
SERVICE OUTSIDE MERIDIAN CrrY Limrrs-330 N.UNDER ROAD PAGE 3 OF 5
E. Binding upon successors. Except as otherwise specifically provided herein, this
Agreement shall be binding upon any and all owners of the Subject Property, any and all
subsequent owners thereof, and each and every other person acquiring an interest in the
Subject Property. Nothing herein shall,or shall be construed to,in any way prevent the
sale or alienation of the Subject Property,or any portion thereof, except that any sale or
alienation shall occur subject to the provisions of this Agreement, and any successive
owner or owners shall be both benefited and bound by the conditions and restrictions
herein expressed.
F. Severability. If any provision of this Agreement is held invalid by a court of competent
jurisdiction, such provision shall be deemed to be excised herefrom and the invalidity
thereof shall not affect any other provision or provisions contained herein.
G. 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 fees as determined by
such court. This provision shall be deemed to be a separate contract between the Parties
and shall survive, inter alia, any default,termination, or forfeiture of this Agreement.
H. Final Agreement. This Agreement sets forth all promises,inducements, agreements,
conditions, and understandings between City and User relative to the subject matter
hereof, and there are no promises, agreements, conditions, or understandings, either oral
or written, express or implied,between City and User, other than as are stated herein.
Except as otherwise specifically provided herein, no subsequent alteration, amendment,
change, or addition to this Agreement shall be binding upon the Parties unless set forth in
writing and duly executed by both Parties or their successors in interest.
I. Non-waiver. Failure of either Party to promptly enforce the performance of any term of
this Agreement shall not constitute a waiver or relinquishment of any Parry's right to
thereafter enforce such term, and any right or remedy hereunder may be asserted at any
time after either party becomes entitled to the benefit thereof,notwithstanding delay in
enforcement. All rights and remedies herein enumerated shall be cumulative and none
shall exclude any other right or remedy allowed by law. Likewise,the exercise of any
remedy provided for herein or allowed by law shall not be to the exclusion of any other
remedy.
J. Compliance with laws. Throughout the course of this Agreement,the Parties shall
comply with all applicable laws, ordinances, and codes of Federal, State, and local
governments. This Agreement shall be governed by and construed and enforced in
accordance with the laws of the State of Idaho, and the ordinances of the City of
Meridian. The City's ordinances appertaining to the regulation, control, and use of its
sewer and water systems, and any prospective amendments to and/or recodifications
thereof, are specifically and without limitation incorporated into this Agreement as if set
forth fully herein.
K. Advice of attorney. Each party warrants and represents that in executing this
Agreement, it has received independent legal advice from its attomey or the opportunity
to seek such advice.
AGREEMENT FOR EXTENSION OF DOMESTIC WATER
SERVICE OUTSIDE MERIDIAN CITY LIMrrs—330 N.LENDER ROAD PAGE 4 of 5
L. Approval Required: This Agreement shall not become effective or binding until
approved by the City Council of the City of Meridian.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the
Effective Date first written above.
USER: STATE OF IDAHO )
) ss:
County of f- )
I HEREBY CERTIFY that on this day of
Nicholas Rinker, President 66kolo f ,2024,before the undersigned,a
Rinker Properties LLC Notary Public in the State of Idaho,personally appeared
Nicholas Rinker,known or identified to me to be the
President of Rinker Properties LLC,a limited liability
corporation,and acknowledged to me that such person
executed this instrument on behalf of said corporation.
IN WITNESS WHEREOF,I have hereunto set my hand
and affixed my official seal,the day and year in this
certificate first above written.
LAURA HAHN
COMMISSION NO.20224623 Notary Public for Idaho
NOTARY PUBLIC Residing at Idaho
STATE OF IDAHO
OP ft My Commission Expires: In10 za
CITY OF MERIDIAN:
BY: Attest:
Robert E. Simison,Mayor 11-6-2024 Chris Johnson,City Clerk 11-6-2024
STATE OF IDAHO )
):ss
County of Ada )
On this_61L day of November,2024,before me,a Notary Public,personally appeared Robert E.Simison
and Chris Johnson,know or identified to me to be the Mayor and Clerk,respectively,of the City of Meridian,
who executed the instrument or the person that executed this instrument of 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.
Notary Public for Idaho
Residing at Meridian. ID ,Idaho
My Commission Expires: 3-28-2028
AGREEMENT FOR EXTENSION OF DOMESTIC WATER
SERVICE OUTSIDE MERIDIAN CITY LIMITS—330 N.LINDER ROAD PAGE 5 OF 5