HomeMy WebLinkAboutHookup Agreement with Pamela & Pim Hoogland for services Outside of City Limits
ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 03108/07 01 :36 PM
DEPUTY Patti Thompson
RECORDED - REQUEST OF
City of Meridian
AMOUNT .00
9
III 1111111111111I11111111111111111111
107033598
AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/WATER
SYSTEM OUTSIDE THE CITY LIMITS:
1625 Bentle~y Drive, Meridian
. . THIS AGREEMENT is made and entered into this Z \ day Of~oi'tV~,
2(()~ , by and between CITY OF ME~, a ~uni~orpof~tion of the State of
Idaho, hereinafter referred to as "CITY", and ~~~~~"""\. ~b&-L4..~~ , as
hereinafter defined and hereinafter referred to as "SEWERIW A TER USER"~
1.
REelT ALS:
1.1 WHEREAS, "SewerfWater 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 SewerfW ater
. system; and
1.4 WHEREAS, the "City" has enacted an ordinance governing its
Se~erfWater system codified in Meridian City Code ~ 9-4-26 and 9-1-16;
and
1.5 WHEREAS, the "SewerfW ater 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 "SewerfW ater User" is desirous of obtaining comlection
to the SewerfW ater to serve the "Real Property" and the "City" is willing
to provide that connection to the SewerfW ater service to the "SewerfW ater
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 ~nter into this agreement that the "City's"
"Ordinance" and "Policy/Regulations" which govern its SewerfW ater
system be included as terms and conditions of this agreement and that the
"SewerfWater 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
- 1
i . C~
Page~
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,
unIes~ the clear context of the presentation of the saJ!1e requires otheiwise:
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 fo 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 th'ereon.
2.4 "Ordinance": means and shall refer to the City's ordinances that
appertain to the regulation and control and use of its SewerfW ater 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 "SewerfWater System".
2.5 "Policy/Regulations": me~s and shall refer to any City Council enacted
policy and/or regulation of its SewerfW ater system.
2.6 "SewerlWater System": means and shall refer to the City's SewerfWater
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 SEWER/W ATER HOOKUP SERVICE:
The "City" a~ees to authorize a connection to the "SewerfW ater System" to
service the "Real Property" subject to the terms and conditions of this Agreement.
AGREEMENT FOR HOOKUP TO THE CITI OF MERIDIAN'S
SEWERjW ATER SYSTEM OUTSIDE THE CITI LIMITS
-2
}1"IQ~nt..9-
5.
CONDITIONS AND REQUIREMENTS OF SEWER/W ATER USER FOR
THE HOOKUP OF THE SEWER/W ATER LINE TO THE REAL
PROPERTY:
The hookup and assessment costs relative to the "SewerfWater System"
connection shall be the responsi1?ility of ACHD (Ada County Highway District).
6.
ORDINANCE APPLICATION:
The "Ordinance" and "Policy/Regulations" apply to the SewerfWater 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 "SewerfWater 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 oftms 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 4ookup, inspection, and service fees shall be in accordance with
the provisions of the "Ordinance" and/or "Policy/Regulations" as are applicable for real
properties outside of the city limits.
9.
REQUIREMENT FOR RECORDATION:
"City" shall record either a ~emorandum of this Agreement or this Agreement,
including all of the Exhibits, at "SewerfWater User" cost, and submit proof of such recording to
"SewerfWater User".
1 O.
DEFAULT:
Any failure to, perform the terms and conditions of this agieement shall be a
default.
11.
REMEDIES:
11.1 This Agreement shall be enforceable in any court of competent jurisdiction
AGREEMENT FOR HOOKUP TO THE CI1Y OF MERlDIAN'S
SEWER/WATER SYSTEM OUTSIDE THE CI1Y LIMITS
- 3 (\
Page .~ of '::l-
by either "City" or "SewerfWater 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 SewerfW ater s~rvice 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 arid
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. .
ll.3 -In the event the performance of any covenant to be performed hereunder
by either "SewerfW ater 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.
NOTleES: .
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:
Pim and/or ~Hoogland
1625 Bentley Drive . ~ v,..,....Q.\~
Meridian. ID 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 CI1Y OF MERlDIAN'S
SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS
-4 :.\ Q.
Page~
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 <?bligations hereunder shall constitute a breach of and a default under this
Agreement by the other party so failing to perform.
15.
BINDING UPON SUeCESSORS:
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 suc~essors 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:
This Agreement sets forth all promises, inducements, agreements, condition and
understandings between "SewerfWater User" 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 "Sewer/Water 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 duly
adopted resolution of "City".
AGREEMENT FOR HOOKUP TO THE CITI OF MERIDIAN'S
SEWER/WATER SYSTEM OUTSIDE THE CITI LIMITS
-;age~
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:
Agreement.
This Agreement shall be effective at such time as both parties have executed this
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and
made it effective as hereinabove provided.
CITY OF MERIDIAN
~.
ATTEST:
AGREEMENT FOR HOO-KUP TO THE CITY OF MERIDIAN'S
SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS
- :age.1Lod.-
STATE OF IDAHO, )
: ss.
County of Ada) _
. . On thisdL day of ~~\ \\ (\ ~ ' in the year 206] before me,
the undersigned, a Notary Public, personally appeared, , C X'f\ '\- '\)"lffi, known or-identified to me
to be the property owner, who executed the instrument. \-\;()C)~ \().. ,"\1) -
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal, the day and year i~~~~"~ie first abqve written. ," "
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(SEAL) ...~o~ ~ y~\C\~~ I\. r ~ ~J
:.~t~ \ . Notary Publ"c orIdaho
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STATE OF IDAHO,) ..... << ~ ·
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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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Notary Public for Idaho
Residing at: (.'(Yt.c I GCt ,ycf
My Commission Expires: / () -- (~ - ( (
AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S
SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS
-7pageLJL
rage 1 or 1
1625 E Bentley
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