HomeMy WebLinkAboutMemorandum of Understanding with Paul Sevoian & Fairview Terrace, LLC
AUA liUUNI Y fiECORDER J. DAVID NAVARRO AMOUNT ,DO 5
BOISE IDAHO 03129/07 01 :49 PM
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Meridian City 107044339
MEMORANDUM OF UNDERS'l'ANUINlJ
BETWEEN
PAUL SEVOIAN
AND
FAmVIEW TERRACE, LLC
AND
THE CITY OF MERIDIAN
TIDS MEMORANDUM OF UNDERSTANDING is made and entered into this
~ day of -mM~ h ' 2007, by and between Paul Sevoian; Fairview Terrace,
LLC, an Idaho Limited Liability Company; and The City of Meridian, Idaho (City), to
establish a mutual understanding of the duties and responsibilities pertaining to the
hookup to private sewer mains owned by Fairview Terrace, LLC and to the City of
Meridian water system by Paul Sevoian for the proposed Sevoy Antiques Retail Building
located as shown in Figure I.
WHEREAS, Paul Sevoian is the sole owner, in law and/or in equity of certain tract of
land in the City of Meridian, County of Ada, State of Idaho, generally depicted in Figure
1 and commonly known as 650 East Fairview Avenue, future site ofSevoy Antiques
Retail Building, hereinafter referred to as the Development; and
WHEREAS, Idaho Code ~50-323, provides and empowers cities to establish, create,
develop, maintain and operate SewerlW ater systems; and
WHEREAS, Fairview Terrace, LLC privately owns, operates, and maintains the
SewerlWater system contained in and on its parcel, hereinafter referred to as Property;
and
WHEREAS, the City has enacted an ordinance governing its SewerlW ater system
codified in Meridian City Code 9 9-4-34 and 9-1-6; and
WHEREAS, Paul Sevoian is desirous of obtaining connection to the SewerlWater to
serve the Development, and Fairview Terrace, LLC is willing to provide that connection
to the Sewer service to the Development subject to the terms and conditions and
consideration of this agreement, and City is willing to provide the connection to Water
service, 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 SewerlWater system be included as terms and conditions of this agreement.
NOW, THEREFORE, the parties hereby agree as follows:
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Water
Paul Sevoian will extend an 8" water main north from the CITY water system on Barbara
Street near Fairview Avenue to existing private 6" water lines on Fairview Terrace
Estates, LLC Property. The Water connection will include two (2) 4" water meters and
backflow prevention device(s) to serve the Property, and (2) I" water meters (one for
domestic, and one for landscape) to selVe the Development. Paul Sevoian will be
responsible for all associated costs in the construction of this new water main extension
and its appurtenances. In exchange for increased water flow (thus better fire protection)
to Property, Fairview Terrace, LLC will grant an easement from south Property line north
along Barbara Street to accommodate the infrastructure of the new water main, water
meters, and backflow device(s).
Sewer
Paul Sevoian will construct approximately 171 feet of 8" sewer main along Barbara
Street from north ofFairview Avenue to the existing sanitary sewer manhole on Fairview
Terrace, LLC's Property. Fairview Terrace Estates, LLC agrees to maintain this new
sewer main, once constructed, in exchange for the water supply increase described above.
Maintenance and Fees
CITY will maintain and operate the water facilities and distribution system in its charge
as described in Meridian City Code 99-1-6. Fairview Terrace, LLC will continue to
maintain and operate the sewer and water systems on its Property and any of the water
system downstream of water meters. CITY will collect hookup fee from Paul Sevoian
and monthly fees for this service based upon water usage. CITY will not collect any fees
from Fairview Terrace, LLC for the new connection, but will continue to collect montWy
fees based upon water usage.
Inspection
CITY will inspect construction of all utilities to ensure that they meet CITY
specifications. Paul Sevoian will pay for all overtime which may be required for this
servIce.
IN WITNESS WHEREOF, the parties do execute this Memorandum of Understanding
the day and year first above written.
SEVOY ANTIQUES
By tJJ~ ~
Paul Sevoian, Owner "'-
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CITY OF MERIDIAN, IDAHO
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William Berg, Jf., City lerk '/"..<.1 "if ~ <f>'X',,~'"
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STATE OF IDAHO, )
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County of Ada, )
On this 7~day of N\CA"c...-~ , 2007, before me, the undersigned, a
Notary Public in and for the State of Idaho, personally appeared Paul Sevoian, who
subscribed his name to the within instrument and acknowledged to me that it is thus
executed.
IN WITNESS WHEREOF, I have hereunto set my hand and a
day and year first above written.
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STATE OF CALIFORNI~ )
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County of SAVI &rN..rJ,~() )
On thisQ^d. day of VVVtrcf\. ,2007, before me, the undersigned, a
Notary Public in and for the State of California, personally appeared Carmen R. Billings,
known or identified to me to be the Manager of the FAIRVIEW TERRACE, LLC, who
executed this instrument on behalf of said Limited Liability Company and acknowledged
to me that such Limited Liability Company executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
SEAL
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Notary Public for C~li!orni~
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STATE OF IDAHO, )
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County of Ada, )
On this 21~t day of \fYl,CVl cf;l , 2007, before me, the undersigned, a
Notary Public in and for the State of Idaho, personally appeared Tammy de Weerd and
William G. Berg, Jr., known to me to be the Mayor and City Clerk of the City of
Meridian, Idaho and who subscribed their names to the within instrument and
acknowledged to me that the City of Meridian executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
SEAL
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Figure 1
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