HomeMy WebLinkAboutParamount Commercial No. 1 for Domestic Water Use;~
After recording, please return to:
Brighton Corporation
12601 W. Explorer .Drive, Suite 200
Boise, Idaho 83713
Attn. Legal Department
ADA COUNTY RECORDER J. DRUID NAVARRO AMOUNT .00 6
BOISE IDAHO 04124/08 03:13 PM
DEPUTY Bonnie Oberbillig III ~IIIIIIIIIIIIIIIIIIIIIIIIIIIIII III
RECORDED-REQUEST OF 10~3EI48~30
Meridian Ciry
MEMORANDUM OF AGREEMENT
(Domestic Water Use)
THE CITY OF MERIDIAN
AND
USTICK MARKETPLACE LLC
THIS MEMORANDUM OF AGREEMENT ("Agreement") is entered into this
by and between the City of Meridian, by and through its Public Works Department,
hereinafter referred to as "City", and Ustick Marketplace LLC, an Idaho limited liability
company, hereinafter referred to as "Developer." The "Effective Date" of this
Agreement shall be the date of the last signature required for the full execution of the
Agreement.
WHEREAS, the Developer owns certain real property designated as Paramount
Commercial Southwest Subdivision No. 1, and located in Ada County, Idaho, as
described on Exhibit A attached hereto and incorporated by reference, hereinafter
referred to as the "Project", which Project will be a commercial development, and,
WHEREAS, the Developer will plat the Project in phases, and the current phase,
located at the northeast corner of the intersection of McMillan Road and Linder Road, is
not adjacent to an existing pressurized irrigation system, and will not have access to a
pressurized irrigation system until the Developer plats the later phases of the Project, or
the Developer plats the residential phases of the future Paramount Subdivision adjacent to
the east of the Project.
NOW, THEREFORE, in consideration of the foregoing, the Developer and the
City do hereby agree as follows:
Connection to Pressurized Irri anon S stem. The City permits the Developer to
connect the phases of the Project to the City's domestic water system, for the purpose of
providing pressurized irrigation to landscape buffers, common areas, and individual lot
landscaping to the phases of the Project until such time as the Project has access to a
pressurized irrigation system by the earlier of either of the following events: (a) the
Developer .plats subsequent phases of the Project enabling connection of the Project to a
MEMORANDUM OF AGREEMENT - 1
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pressure irrigation system; or (b) the Developer plats the residential phases of the future
Paramount Subdivision adjacent to the east of the Project. At soon as reasonably
practicable after such event, the Developer shall connect to the pressurized irrigation
system available, and will disconnect from the City's domestic water system.
Payment of Costs. The Developer shall be responsible at its sole cost and expense
for all amounts incurred to install, connect, and disconnect to and from the domestic
water system as contemplated in this Agreement.
Term of A reement. Upon Developer's connection to the pressurized irrigation
system and disconnection from the City's domestic water system as provided above, this
Agreement shall automatically terminate and be of no further force or effect.
Notwithstanding the foregoing, if this Agreement is not previously terminated as
provided above, this Agreement shall automatically terminate three (3) years from the
Effective Date, unless the City and the Developer execute and record an extension of this
Agreement in the records of Ada County, Idaho. Upon Developer's request, the City
agrees to execute a document evidencing the automatic termination of this Agreement,
which may be recorded at the Developer's discretion, in the records of Ada County,
Idaho.
IN WITNESS WHEREOF, the parties have hereunto caused this Agreement to
be executed, on the day and year first above written.
CITY:
City of Meridian
DEVELOPER:
Ustick Marketplace LLC,
an Idaho limited liability company
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Date: 02 old ~ 0 Date: 4
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MEMORANDUM OF AGREEMENT - 2
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STATE OF IDAHO
)ss.
COUNTY OF' ADA )
On this~~ day of ~ ~ , 2008, before me, a Notary in and for said
State, personally appeared ~- r ,known or identified to zx~,e, to be the
~0(~ ~ of the ITY OF MERIDIAN that executed the instrument or the
persan who ecute.d the instrument on behalf of said city and acknowledged to me that such city
executed the same.
IN WITNESS V~HEREOF, I have hereunto set my hand and affixed my official
seal the day and year in this certificate first above written.
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STATE OF IDAHO )
)ss.
COUNTY Op' ADA )
On this~`~' day of Aor~ 1 , 2008, before me, a Notary in and for said
State, personally appeared QI'1, known or identified to me, to be the
~ ~r k o he CITY OF MERIDIAN that executed the instrument or the
person wh executed the instrument on behalf of said city and acknowledged to me that such city
executed the same.
TN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year in this certificate first above written:
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MEMORANDUM OF AGREEMENT - 3
otary Public for ~dp~IRU
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STATE OF IDAHO )
)ss.
COUNTY OF ADA )
On this day of Ir/ ~ , 20D8, before me, a Notary in and for said
State, personally appeared ~ ,known ox identified to me, to be the
manager or a member of USTICK MARKETPLACE LLC, an Idaho limited liability company,
the limited liability company that executed the instrument or the person who executed the
instrument on behalf of said limited liability company and acknowledged to me that such limited
liability company executed the same.
IN WITNESS WHEREOF, T have hereunto set my hand and affixed my official
seal the day and year in this certificate first above written.
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MEMORANDUM OE AGREEMENT - 4
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Exhibit A
Legal Description of Project
MEMORANDUM OF AGREEMENT - 5 p~~D~
C Professional Engineers, Land Surveyors and Planners
~tan~ie~cj r~G~
314 Badiola St. Caldwell, ID 83605
Ph (208) 454-0256 Fax (20$) 454-0979
e-mail: dholzhe~~msena.us
FOR: Brighton Corporation
JOB NO.: JNOl 06
DATE: Novennber 1, 2007
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A parcel of land being a portion of the SW1/4 SW1/4 of Section ship 4 North, Range 1
West; Boise Meridian, Ada County, Idaho, more particularly described as follows:
Commencing at the southwest corner of said SWl/4 SW1/4, said corner lying N 89° 24' 33" W a
distance of 2681.80 feet from the southeast corner of the SWl/4;
Thence N 00° 24' S6" E a distance of 91.88 feet along the west boundary of said SW1/4 SW1/4 to a
point;
Thence S 89° 35' 04" E a distance of 38.00 feet perpendicular to said west boundary to a point on
the easterly right of way of N. Linder Road, said point being the POINT OF BEGINNING;
Thence N 00° 24' S6" E a distance of 207.25 feet parallel with the west boundary of said SW1/4
SW1/4 and along the easterly right of way of N. Linder Road to a point;
Thence leaving said easterly right of way S 89° 35' 04" E a distance of 632.60 feet perpendicular to
the west boundary of said S W 1 /4 S W 1 /4 to a point;
Thence S 00° 26' 44" W a distance of 266.18 feet to a point on the northerly right of way of W.
McMillan Road;
Thence along said northerly right of way of W. McMillan Road the following courses and
distances;
Thence N 89° 24' 33" W a distance of 401.47 feet parallel with the south boundary of said SWl/4
SW1/4 to a paint;
Thence N 82° 1 T 12" W a distance of 96.78 feet to a point;
Thence N 89° 24' 33" W a distance of 90.00 feet parallel with the south boundary of said SW1/4
SW1/4 to a point;
Thence N 44° 29' 49" 'W a distance of 63.74 feet to the POINT OF BEGINNING;
This parcel contains 3.777 acres more or less. PaK~~