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Agreement for Hook Up
AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER SYSTEM OUTSIDE THE CITY LIMITS THIS AGREEMENT is made and entered into this day of 2003, by and between CITY OF MERIDIAN, a Municipal corporation of the State of Idaho, hereinafter referred to as "CITY", and ANTHONY MAHATY, as hereinafter defined and hereinafter referred to as "SEWER USER". RECITALS: 1.1 WHEREAS, "Sewer 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 sewer systems; and 1.3 WHEREAS, "City" operates and maintains and develops a sewer system; and 1.4 WHEREAS, the "City" has enacted an ordinance governing its sewer system codified in Meridian City Code § 9-4-26; and 1.5 WHEREAS, the "Sewer 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 "Sewer User" is desirous of obtaining connection to the sewer to serve the "Real Propert}~' and the "City" is willing to allow that connection to the sewer service to the "Sewer 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 "Policy/Regulations" which govern its sewer system be included as terms and conditions of this agreement and that the "Sewer User" provide perpetual consent to annexation of the "Real Property" in to the "City". 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, AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN` S SEWER SYSTEM OUTSIDE THE CITY LIMITS ANTHONY MAHATY/PAGE1 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 "Sewer User": means and shall refer to Anthony Mahaty, 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 sewer system presently codified at Meridian City Code § 9-4-26, 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 "Sewer System". 2.5 "Policy/Regulations": means and shall refer to any City Council enacted policy and/or regulation of its sewer system. 2.6 "Sewer System": means and shall refer to the City's sewer 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 HOOKUP SERVICE: The "City" agrees to allow a connection to the "Sewer System" to service the "Real Property" subject to the terms and conditions of this Agreement, which is conditioned upon the future Black Cat Sewer Trunk line completion. Until such time as gravity sewer service is available to the Black Cat Sewer Trunk line for the "Sewer User" to connect its sewer service to, the "Sewer User" shall be responsible at its own expense to pay for temporarily pumping their sewage from the property to a pump station about 400 feet from the "Sewer User" property. Plans prepared by an Idaho Registered Engineer shall be approved by the Public Works Department. When the future gravity sewer to the Black Cat Sewer Trunk line is available, then AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN`S SEWER SYSTEM OUTSIDE THE CITY LIMITS ANTHONY MAHATY/PAGE2 the temporary sewage pump shall be disconnected and the "Sewer User" shall then be required to connect to the sewer gravity flow to the Black Cat Trunk Line and lateral. The water connection shall be required when the water line has been installed in Franklin Road in front of the property. Future Water Connection: Upon transfer of this property to any other person, or upon change in use of the real property, the owner, their successors or assigns, shall at their expense make connection to the City water system and pay all fees associated therewith. Failure to make the water connection will be grounds for discontinuance of City sewer service. CONDITIONS AND REQUIREMENTS OF SEWER USER FOR THE HOOKUP OF THE SEWER LINE TO THE REAL PROPERTY: The physical hookup and assessment costs relative to the "Sewer System" connection shall be the responsibility of the "Sewer User", both the temporary hookup and the future permanent hookup. 6. ORDINANCE APPLICATION: The "Ordinance" and "Policy/Regulations" apply to the sewer 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: The "Sewer User" is required to immediately submit an application for annexation of the "Real Property", which is a condition precedent to the "Sewer User's" eligibility for the "Real Property" sewer service connection fee within the City limit rates. The "Sewer User" herein gives irrevocable 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 "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 memorandum of this Agreement or this Agreement, AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN`S SEWER SYSTEM OUTSIDE THE CITY LIMITS ANTHONY MAHATY/PAGES including all of the Exhibits, at "Sewer User" cost, and subnut proof of such recording to "Sewer User". 10. DEFAULT: Any failure to perform the terms and conditions of this agreement shall be a default. 11. 11.1 This Agreement shall be enforceable in any court of competent jurisdiction by either "Cit}~' of "Sewer User", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement maybe 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 sewer 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 "Sewer 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 Meridian City Engineer City of Meridian 33 E. Idaho Ave. Meridian, Idaho 83642 PROPERTY OWNER: Anthony Mahaty 2075 West Franklin Road Meridian, Idaho 83642 AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN`S SEWER SYSTEM OUTSIDE THE CITY LIMTI'S ANTHONY MAHATY /PAGE 4 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. 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 maybe 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 benefitted 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: AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN`S SEWER SYSTEM OUTSIDE THE CITY LIMITS ANTHONY MAHATY/PAGES This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Sewer 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 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 "Cit}~'. 18. EFFECTIVE DATE: This 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 ANT NY M TY ~~r~iavy ~Atiq~f' CITY OF MERIDIAN MAYOR ROBERT D. CORRIE ATTEST: WILLIAM G. BERG, JR., CPfY CLERK BY RESOLUTION NO. AGREEMENT FOR HOOKUP TO THE CTI'1' OF MERIDIAN` S SEWER SYSTEM OUTSIDE THE CITY LIMITS ANTHONY MAHATY/PAGE6 STATE OF IDAHO, ) County of Ada ss. On this ~ day of Q~ , in the yeaz 2003, before me, a Notary Public, personally appeared Anthony rah k~ ,known or identified to me to be the person who executed the instrument, and ¢, acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and yeaz in this certificate first above written. ~ ©a6 M BO ~'~~ 1 N! M~ ~ ~~ y ~ ,I i ~O.~w ~• p ~ V/ ' ,,, M, ~~P t,yG a ~ No Public for Idaho 4 ' ~ f, R .n at: ma4, . Aa N~ /f Pf~~'~,r~oOFalil@~,e°~'e My Commission Expires:./,2„12.0 STATE OF IDAHO, ) County of Ada ss. On this day of , in the year 2003, before me, a Notary Public, personally appeared ROBERT D. CORRIE 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 WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. (SEAL) Notary Public for Idaho Residing at: My Commission Expires: Z:\W ork\M\MeridianlMeridian 15360M\MattatyAnthony Sewer Hookup Agm[\SewerHookupAgmt.doc AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN`S SEWER SYSTEM OUTSIDE THE CITY LIMITS ANTHONY MAHATY /PAGE 7