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Home My WebLink AboutMemorandum of Understanding for Autumn Faire Lift Station City of Meridian Public Works Dept. Memo RECET"\TVD li _~ APR2 4, i:.jU 7 City Of Meridian ;-';tv Clerk Office To: Mayor De Weerd & City Council From: Karie Glenn cc: File Date: 4/20/2007 Re: Proposed Agenda Items for 4/24/07 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the 4/24/07 City Council agenda, on the Consent Agenda, for Council's consideration: 1) MOU - Re: Sewer Lift Station at Autumn Fair Subdivision. This Memorandum of Understanding is outlining the ownership, financial and maintenance responsibilities between Autumn Faire LLC, Autumn Faire HOA and the City of Meridian. Recommended Council Action: Approve the MOU - Re: Sewer Lift Station at Autumn Fair Subdivision and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. . Page 1 MEMORANDUM OF UNDERSTANDING REGARDING THE SANITARY SEWER LIFT STATION AT AUTUMN FAIRE SUBDIVISION BETWEEN AUTUMN FAIRE, LLC AND TRICIA'S SUBDIVISION HOA, dba AUTUMN FAIRE SUB HOA AND THE CITY OF MERIDIAN THIS MEMORANDUM OF UNDERSTANDING is made and entered into this day of April, 2007, by and between Tricia's Subdivision Homeowners Association, Inc., dba Autumn Faire HOA (HOA), Autumn Faire LLC, and The City of Meridian, Idaho (City), to establish a mutual understanding of the duties and responsibilities pertaining to the transfer of ownership and operations responsibility of the sanitary sewer lift station located at Lot 6, Block 4 of the Tricia's Crossing Subdivision WHEREAS, HOA is the sole owner, in law and/or in equity of certain tract of land in the County of Ada, State of Idaho, generally depicted in Figure 1, legally described as Lot 6, Block 4, Tricia's Crossing and commonly known as the common area storm water retention lot; and WHEREAS, Idaho Code 950-323, provides and empowers cities to establish, create, develop, maintain and operate a sewer system; and WHEREAS, City operates and maintains and develops a sewer system; and WHEREAS, the City has enacted an ordinance governing its sewer system is codified in Meridian City Code 99-4-26; and WHEREAS, the HOA is desirous of turning over ownership and operations responsibility of the Sanitary Sewer Lift Station to the City of Meridian 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 Policy/Regulations which govern its Sewer/Water system be included as terms and conditions of this agreement. NOW, THEREFORE, the parties hereby agree as follows: MOU- 1 of 5 Sewer Lift Station City agrees to take over operation, on a temporary basis, of the sanitary sewer lift station located at Lot 6, Block 4 of Tricia's Crossing Subdivision effective April 1, 2007 with the understanding that the parties will work towards a final agreement incorporating the following responsibilities: HOA Responsibilities: 1) HOA agrees to turn over ownership and operation to City of Meridian the Autumn Faire sanitary sewer lift station through the execution of a Bill of Sale or other legal means. 2) HOA agrees to relieve City and Autumn Faire LLC of all past liabilities regarding the sanitary sewer system. 3) HOA agrees to give City of Meridian equipment and any and all records for maintenance and operation of sanitary sewer system. 4) HOA agrees to grant or cooperate in securing all necessary easements in favor of City of Meridian. Autumn Faire LLC Responsibilities: 1) Autumn Faire LLC agrees to install a quick disconnect (with 1 upstream valve) at the sanitary sewer system at their cost. Quick disconnect install will be coordinated with City of Meridian wastewater department. 2) Autumn Faire LLC agrees to install a lockable hose hatch on the wet well at their cost. 3) Autumn Fair8 LLC agrees to pay the City of Meridian $10,000 for maintenance fund. 4) Autumn Faire LLC agrees to pay the City of Meridian $2,500 to upgrade the sanitary sewer system as the City deems necessary. 5) Autumn Faire LLC agrees to submit record drawings to the City of Meridian Public Works. 6) AutUlrln Faire LLC will complete the above on or before June 1, 2007 City of Meridian Responsibilities: 1) City of Meridian agrees to take over operation of sanitary sewer system on April 1 ,2007. 2) City Agrees to take over ownership of the lift station upon execution of the final agreement. 3) With this agreement the City of Meridian maintains the ability to connect additional services as the City sees fit. 4). City of Meridian will pay pro-rated monthly maintenance and utility bills from April 1 ,2007. Pro- rated amount will be based upon detailed bill received from HOA and/or HOA's agent. In the event that a final agreement is not reached on or before June 1, 2007 or such other date as mutually agreed, this Memorandum of Understanding shall become null and void, and City shall turn operation of the lift station back to HOA. MOU- 2 of 5 Agreement to Negotiate to Final Agree.ment The parties contemplate that further negotiations will take place regarding the subject matter of this agreement and that parties will execute a more detailed Final Agreement containing additional details and provisions. IN WITNESS WHEREOF, the parties do execute this Memorandum of Understanding the day and year first above written. B TRICIA'S CROSSING SUBDIVISION HOMEOWNERS ASSOCIATION, INC. dba AUTUMN FAIRE HOA By ~ t? E &_ ~V{.: (' 6/J;1'f/~ E . ..~~~~esident CITY OF MERIDIAN, IDAHO By: Tammy de Weerd, Mayor Attest: William Berg, Jr., City Clerk STATE OF IDAHO, MOU- 3 of 5 : SS. County of Ada, ) . On this d -4 day of ~., l 2~, before me, the undersigned, a Notary Public in and for the State of Idaho, p rsonally appeared~ t\\oY\l1~ known or identified to me to be Member of Autumn Faire LLC, who executed this instrument \ on behalf of said Corporation and acknowledged to me that such corporation 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 .....~_g~..t.... ~ \. \~~_/' l~o'tAltj;.'t.'f"" Notary Pu~r Idaho ~ t\ :~l/lti ". Residing a \U'\tr.........J . : -I \: My commission Expires: ~- 0. -("{1 · 'f. .- \ I · .' , I . · , /0. . ' "". ~ . - ".. \,~'.. ..... ..~. ..~~~~ - ...~'rE ot _-- . . . . . . .- - . STATE OF IDAHO, ) : ss. County of Ada, ) On this Rday of in and for the State of Idaho, per onally appeared ., known or identified to me to be the President of the Tricia's Subdivision Homeowners Association, In dba Autumn Faire HOA, who executed this instrument on behalf of said Corporation and acknowledged to me that such corporation executed the same. I N WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. SEAL ....... .- A. G .. .~- p. ~.. .. ...--.,.-.... ~.A:'. ~. .... .4. h" :<v:- .. /'Q't--.q' ;1',~-_ . i..!l.: r' \ . · ''''IIY , . . " , . . " , . ~ I I . .' I : . . " I . . , I . - , /0 · - " J::a._ "'("/~'S::. · - ' ....3JD)t.~ ~... --~~ ..~~.-......~~.. ..;t~ Of \.~.. . . . . . .. . - ~LL(\.~~\~ Not~ry PUbli~ Idaho ~ ~ Th Residing at: \J...\(\ 0.- My commission Expires: ~ - a. -6q MOU- 4 of 5 STATE OF IDAHO, ) : ss. County of Ada, ) On this day of ,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 Notary Public for Idaho Residing at: My commission Expires: MOU- 5 of 5 .f" " MEMORANDUM OF UNDERSTANDING REGARDING THE SANITARY SEWER LIFT STATION AT AUTUMN FAIRE SUBDIVISION BETWEEN AUTUMN FAIRE, LLC AND TRICIA'S SUBDIVISION HOA, dba AUTUMN FAIRE SUB HOA AND THE CITY OF MERIDIAN THIS MEMORANDUM OF UNDERSTANDING is made and entered into this day of April, 2007, by and between Tricia's Subdivision Homeowners Association, Inc., dba Autumn Faire HOA (HOA), Autumn Faire LLC, and The City of Meridian, Idaho (City), to establish a mutual understanding of the duties and responsibilities pertaining to the transfer of ownership and operations responsibility of the sanitary sewer lift station located at Lot 6, Block 4 of the Tricia's Crossing Subdivision WHEREAS, HOA is the sole owner, in law and/or in equity of certain tract of land in the County of Ada, State of Idaho, generally depicted in Figure 1, legally described as Lot 6, Block 4, Tricia's Crossing and commonly known as the common area storm water retention lot; and WHEREAS, Idaho Code 950-323, provides and empowers cities to establish, create, develop, maintain and operate a sewer system; and WHEREAS, City operates and maintains and develops a sewer system; and WHEREAS, the City has enacted an ordinance governing its sewer system is codified in Meridian City Code 99-4-26; and WHEREAS, the HOA is desirous of turning over ownership and operations responsibility of the Sanitary Sewer Lift Station to the City of Meridian 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 Policy/Regulations which govern its SewerlWater system be included as terms and conditions of this agreement. NOW, THEREFORE, the parties hereby agree as follows: MOU- 1 of 5 ["j Sewer Lift Station City agrees to take over operation, on a temporary basis, of the sanitary sewer lift station located at Lot 6, Block 4 of Tricia's Crossing Subdivision effective April 1, 2007 with the understanding that the parties will work towards a final agreement incorporating the following responsibilities: HOA Responsibilities: 1) HOA agrees to turn over ownership and operation to City of Meridian the Autumn Faire sanitary sewer lift station through the execution of a Bill of Sale or other legal means. 2) HOA agrees to relieve City and Autumn Faire LLC of all past liabilities regarding the sanitary sewer system. 3) HOA agrees to give City of Meridian equipment and any and all records for maintenance and operation of sanitary sewer system. 4) HOA agrees to grant or cooperate in securing all necessary easements in favor of City of Meridian. Autumn Faire LLC Responsibilities: 1) Autumn Faire LLC agrees to install a quick disconnect (with 1 upstream valve) at the sanitary sewer system at their cost. Quick disconnect install will be coordinated with City of Meridian wastewater department. 2) Autumn Faire LLC agrees to install a lockable hose hatch on the wet well at their cost. 3) Autumn Faire LLC agrees to pay the City of Meridian $10,000 for maintenance fund. 4) Autumn Faire LLC agrees to pay the City of Meridian $2,500 to upgrade the sanitary sewer system as the City deems necessary. 5) Autumn Faire LLC agrees to submit record drawings to the City of Meridian Public Works. 6) Autumn Faire LLC will complete the above on or before June 1,2007 City of Meridian Responsibilities: 1) City of Meridian agrees to take over operation of sanitary sewer system on April 1, 2007. 2) City Agrees to take over ownership of the lift station upon execution of the final agreement. 3) With this agreement the City of Meridian maintains the ability to connect additional services as the City sees fit. 4) City of Meridian will pay pro-rated monthly maintenance and utility bills from April 1 ,2007. Pro- rated amount will be based upon detailed bill received from HOA and/or HOA's agent. In the event that a final agreement is not reached on or before June 1, 2007 or such other date as mutually agreed, this Memorandum of Understanding shall become null and void, and City shall turn operation of the lift station back to HOA. MOU- 2 of 5 J> Agreement to Negotiate to Final Agreement The parties contemplate that further negotiations will take place regarding the subject matter of this agreement and that parties will execute a more detailed Final Agreement containing additional details and provisions. IN WITNESS WHEREOF, the parties do execute this Memorandum of Understanding the day and year first above written. AUTUMN FAIRE LLC By ,Member TRICIA'S CROSSING SUBDIVISION HOMEOWNERS ASSOCIATION, INC. dba AUTUMN FAIRE HOA By ,President CITY OF MERIDIAN, IDAHO By: Tammy de Weerd, Mayor Attest: William Berg, Jr., City Clerk STATE OF IDAHO, MOU- 3 of 5 : 55. County of Ada, ) On this day of ,2007, before me, the undersigned, a Notary Public in and for the State of Idaho, personally appeared , known or identified to me to be Member of Autumn Faire LLC, who executed this instrument on behalf of said Corporation and acknowledged to me that such corporation 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 Notary Public for Idaho Residing at: My commission Expires: STATE OF IDAHO, ) : ss. County of Ada, ) On this day of ,2007, before me, the undersigned, a Notary Public in and for the State of Idaho, personally appeared , known or identified to me to be the President of the Tricia's Subdivision Homeowners Association, Inc dba Autumn Faire HOA, who executed this instrument on behalf of said Corporation and acknowledged to me that such corporation 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 Notary Public for Idaho Residing at: My commission Expires: MOU- 4 of 5 -" '""=: ~' STATE OF IDAHO, ) : ss. County of Ada, ) On this day of ,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 Notary Public for Idaho Residing at: My commission Expires: MOU- 5 of 5 City of Meridian Public Works Dept. Memo RECEIVED APR 2 a 2007 C~ty OfMeridi CIty Clerk Offi: To: Mayor De Weerd & City Council From: Karie Glenn cc: File Date: 4/20/2007 Re: Proposed Agenda Items for 4/24/07 City Council Meeting The Public Works Department respectfully requests that the following items be placed on the 4/24/07 City Council agenda, on the Consent Agenda, for Council's consideration: 1) MOU - Re: Sewer Lift Station at Autumn Fair Subdivision. This Memorandum of Understanding is outlining the ownership, financial and maintenance responsibilities between Autumn Faire LLC, Autumn Faire HOA and the City of Meridian. Recommended Council Action: Approve the MOU - Re: Sewer Lift Station at Autumn Fair Subdivision and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. . Page 1 MEMORANDUM OF UNDERSTANDING REGARDING THE SANITARY SEWER LIFT STATION AT AUTUMN FAIRE SUBDIVISION BETWEEN AUTUMN FAIRE, LLC AND TRICIA'S SUBDIVISION HOA, dba AUTUMN FAIRE SUB HOA AND THE CITY OF MERIDIAN THIS MEMORANDUM OF UNDERSTANDING is made and entered into this day of April, 2007, by and between Tricia's Subdivision Homeowners Association, Inc., dba Autumn Faire HOA (HOA), Autumn Faire LLC, and The City of Meridian, Idaho (City), to establish a mutual understanding of the duties and responsibilities pertaining to the transfer of ownership and operations responsibility of the sanitary sewer lift station located at Lot 6, Block 4 of the Tricia's Crossing Subdivision WHEREAS, HOA is the sole owner, in law and/or in equity of certain tract of land in the County of Ada, State of Idaho, generally depicted in Figure 1, legally described as Lot 6, Block 4, Tricia's Crossing and commonly known as the common area storm water retention lot; and WHEREAS, Idaho Code ~50-323, provides and empowers cities to establish, create, develop, maintain and operate a sewer system; and WHEREAS, City operates and maintains and develops a sewer system; and WHEREAS, the City has enacted an ordinance governing its sewer system is codified in Meridian City Code ~9-4-26; and WHEREAS, the HOA is desirous of turning over ownership and operations responsibility of the Sanitary Sewer Lift Station to the City of Meridian 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 Policy/Regulations which govern its SewerlWater system be included as terms and conditions of this agreement. NOW, THEREFORE, the parties hereby agree as follows: MOU- 1 of 5 Sewer Lift Station City agrees to take over operation, on a temporary basis, of the sanitary sewer lift station located at Lot 6, Slack 4 of Tricia's Crossing Subdivision effective April 1, 2007 with the understanding that the parties will work towards a final agreement incorporating the following responsibilities: HOA Responsibilities: 1) HOA agrees to turn over ownership and operation to City of Meridian the Autumn Faire sanitary sewer lift station through the execution of a Bill of Sale or other legal means. 2) HOA agrees to relieve City and Autumn Faire LLC of all past liabilities regarding the sanitary sewer system. 3) HOA agrees to give City of Meridian equipment and any and all records for maintenance and operation of sanitary sewer system. 4) HOA agrees to grant or cooperate in securing all necessary easements in favor of City of Meridian. Autumn Faire LLC Responsibilities: 1) Autumn Faire LLC agrees to install a quick disconnect (with 1 upstream valve) at the sanitary sewer system at their cost. Quick disconnect install will be coordinated with City of Meridian wastewater department. 2) Autumn Faire LLC agrees to install a lockable hose hatch on the wet well at their cost. 3) Autumn Faire LLC agrees to pay the City of Meridian $10,000 for maintenance fund. 4) Autumn Faire LLC agrees to pay the City of Meridian $2,500 to upgrade the sanitary sewer system as the City deems necessary. 5) Autumn Faire LLC agrees to submit record drawings to the City of Meridian Public Works. 6) Autumn Faire LLC will complete the above on or before June 1, 2007 City of Meridian Responsibilities: 1) City of Meridian agrees to take over operation of sanitary sewer system on April 1 , 2007. 2) City Agrees to take over ownership of the lift station upon execution of the final agreement. 3) With this agreement the City of Meridian maintains the ability to connect additional services as the City sees fit. 4) City of Meridian will pay pro-rated monthly maintenance and utility bills from April 1,2007. Pro- rated amount will be based upon detailed bill received from HOA and/or HOA's agent. In the event that a final agreement is not reached on or before June 1, 2007 or such other date as mutually agreed, this Memorandum of Understanding shall become null and void, and City shall turn operation of the lift station back to HOA. MOU- 2 of 5 Agreement to Negotiate to Final Agreement The parties contemplate that further negotiations will take place regarding the subject matter of this agreement and that parties will execute a more detailed Final Agreement containing additional details and provisions. IN WITNESS WHEREOF, the parties do execute this Memorandum of Understanding the day and year first above written. AUTUMN FAIRE LLC By ,Member lRICIA'S CROSSING SUBDIVISION HOMEOWNERS ASSOCIA liON, INC. dba AUTUMN FAIRE HOA By ~ &? r ,3;__..?? 4. r ;'A-"f/., E. ..~~~esident CITY OF MERIDIAN, IDAHO By: Tammy de Weerd, Mayor Attest: William Berg, Jr., City Clerk STATE OF IDAHO. MOU- 3 of 5 : SS. County of Ada, ) On this day of ,2007, before me, the undersigned, a Notary Public in and for the State of Idaho, personally appeared I known or identified to me to be Member of Autumn Faire LLC, who executed this instrument on behalf of said Corporation and acknowledged to me that such corporation 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 Notary Public for Idaho Residing at: My commission Expires: STATE OF IDAHO, ) : 55. County of Ada, ) On this Aday of in and for the State of Idaho, per onally appeared ., known or identified to me to be the President of the Tricia's Subdivision Homeowners Association, In dba Autumn Faire HOA, who executed this instrument on behalf of said Corporation and acknowledged to me that such corporation 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 ....... -- A G .. ..~~ #;...~4;. .~.. ~O 't A.IlJ;...~.. . ,.'~ '\ . . '...... , . . " , . . , , . . I : . . I , . . " ' . - , , . . " , . - '. l>>'III"IC ,,-0 .:~. .. "'''''.,--=-UD~''';~' ~.. ~.. .._-_###c<\l!. .....~ 0' ":.- ..... .... ~\ ~ - (\ . ~3- U-I~ Notary PUbli~ Idaho Residing at: \.)...\\.1)......- ~A. ~\ VI My commission Expires: ~ ~ d -6q MOU- 4 of 5 STATE OF IDAHO, ) : ss. County of Ada, ) On this day of ,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 Notary Public for Idaho Residing at: My commission Expires: MOU- 5 of 5