HomeMy WebLinkAboutAmended Agreement with Bittercreek Meadows for Sewer & Water ServiceADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 19
BOISE IDAHO 05/22108 02:02 PM
DEPUTY Bonnie Oberbillig III I'llllllll'll'llll'I'IIIIIIII II ~II
RECORQED-REQUEST OF
Meridian Ciry 1 ~$~~'~~~~
AMENDED BITTERCREEK MEADOWS AGREEMENT
FOR SEWER AND WATER SERVICE
MAY2008 REVISION
THIS AGREEMENT is made and entered into this ~ day of ~, 2008,
by and between CITY OF MERIDIAN, a Municipal corporation of the State of Idaho,
hereinafter referred to as "CITY", and JLJ ENTERPRISES INC. or assigns, as hereinafter
defined, BITTERCREEK, LLC, or assigns, as hereinafter defined, and, the BITTERCREEK
MEADOWS HOMEOWNERS ASSOCIATION, hereinafter referred to individually or
collectively as "SEWER/WATER USER," Developer, or HOA.
RECITALS:
1.1 WHEREAS, "JLJ Enterprises Inc. and Bittercreek, LLC" are the
developer of certain tract of land in the County of Ada, State of Idaho, more particularly
described as the amended plat of BITTERCREEK MEADOWS SUBDIVISION, according to
the official plat thereof recorded on the 27th day of June, 2006 in Book 95 of plats at pages 11732
through 11735, as instrument No. 106102994, 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/Water systems; and
1.3 WHEREAS, "City" operates, maintains and develops a Sewer/Water
system; and
1.4 WHEREAS, the "City" has enacted an ordinance governing its
Sewer/Water system codified in Meridian City Code § 9-4-26 and 9-1-16; and
1.5 WHEREAS, the Real Property" hereinafter described which is presently
located outside of the city limits of the "City";
1.6 WHEREAS, the "City" and "Developer wish to coordinate the design and
construction of the water and sewer improvements; and
1.7 WHEREAS, the "Developer" and the City are desirous of replacing prior
agreements regarding connection to the Sewer/Water to serve the "Real Property" subject to the
terms and conditions and consideration of this Agreement, and both desire to create a new
agreement that supersedes the prior agreements. Those prior Agreements were recorded in Ada
County as document # 105170902 (MOU) and document # 106137050 (Hookup Agreement). 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 and that the "JLJ
Enterprises Inc." provide perpetual consent to annexation of the "Real Property" in to the "City".
AMENDED BITTERCREEK MEADOWS AGREEMENT
FOR SEWER AND WATER SERVICE- 1 .Pdf
1.8 WHEREAS, this May, 2008 revision/amendment is for the purpose of
amending Section 5 of the agreement to clarify the intent of the parties and to correct errors in
Exhibit "C." This document incorporates all other provisions of the agreement dated March 24,
2008 and is intended to replace and supersede the March 24, 2008 agreement.
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, 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/Water User": means and shall refer to JLJ Enterprises Inc, a,
and/or the person who is the developer of the real property, the current HOA, and individual
homeowners.
2.3 "Developer": means JLJ Enterprises, Inc. and Bittercreek, LLC or their
successors or assigns.
2.4 "Real Property": means and shall refer to the 24 parcel(s) of real property
located in the County of Ada, City of Meridian as described in the Amended Plat of Bittercreek
Meadows Subdivision as recorded in the land records of Ada County, Idaho at Book 95, Pages
11732 and 11733 and by this reference incorporated herein.
2.5 "Ordinance": means and shall refer to the Cities ordinances that appertain
to the regulation and control and use of its Sewer/Water 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 "Sewer/Water System".
2.6 "Policy/Regulations": means and shall refer to any City Council enacted
policy andJor regulation of its Sewer/Water system.
2.7 "Sewer/Water System": means and shall refer to the City's Sewer/Water
system.
NOW THEREFORE, in consideration of the covenants and conditions set forth
herein, the parties agree as follows:
INCORPORATION OF RECITALS:
That the above recitals are contractual and binding and are incorporated herein as
if set forth in full.
AMENDED BITTERCREEK MEADOWS AGREEMENT
FOR SEWER AND WATER SERVICE- 2 .pdf
4. PROVISIONS OF SEWER AND WATER LINES:
4.1. SEWER SERVICE
4.1.A. The Developer has constructed gravity sewer lines within the subdivision
which will be owned and operated by the City. At the terminus of the gravity lines the City will
construct a lift station to be owned and operated by the City on land donated to the City by the
Developer. The City will construct a force main from the lift station approximately 2 miles to a
gravity sewer main to be constructed in Ten Mile Road at the West entrance of the proposed
SouthRidge Subdivision. The City's obligation to build the Lift Station and force main may be
assigned to the Developer or third party subject to an acceptable reimbursement agreement.
4.1.B. The City will inspect that portion of the sewer line that will become part of
the City of Meridian system, and as part of the inspection, the City will work in conjunction with
the developer to ensure the sewer pipe as installed in the trench meets a minimum 4 inch distance
from the side wall of the trench, and the bedding, construction materials and back fill meet the
City of Meridian standards and specifications. This section of sewer lines is not the lines
contained in the ACHD Right-of-Way and discussed in item "4.6".The City of Meridian's
inspection will include "pot holing" as necessary but not to exceed more than one pot hole
between each manhole as part of the initial inspection process. It is understood by all parties that
additional "pot holing" may be required. "Pot holing" costs to be borne by Developer.
4.1.C. The City will begin design of a lift station and pressure sewer line to the
stub in Ten Mile Road near the Southridge Development within 6 months of mutual agreement
between the parties to this Agreement and shall begin construction of said lift station and sewer
infrastructure in coordination with Developer's water line extension project later noted within 12
months of approved and permitted plans on a site previously donated by the Developer, and
deeded to the City, more specifically identified in a Gift Warranty Deed dated February 16,
2007, Ada County Instrument Number 107039223. This lift station may be constructed in a
manner to be expandable at a point in the future. Extension of the completion of the construction
of the lift station may be extended by acts of God, war, delays beyond control of the City, delay
caused by third parties and/or agencies. The site has been donated to the City by the developer
for this purpose. This lift station shall be constructed with the ability to serve approximately
fifty (50) residential units.
4.1.D. City will be responsible for design and permitting of the lift station,
pressure sewer line, and water line extension and mav assign construction (which is likelv). The
City would only be responsible for payment of the construction of the lift station and pressure
sewer line extension. The Developer shall be responsible for the construction and associated
costs of the water infrastructure. Shared costs shall be divided equally.
4.1.E. The lift station shall be owned and operated by the City. Prior to
completion of the construction of the lift station, force main, and connectivity to the sewer
system, the HOA is responsible for collection and disposal of sewage through the current lagoon
system. The Developer shall provide adequate power to the site as approved by the City.
AMENDED BITTERCREEK MEADOWS AGREEMENT
FOR SEWER AND WATER SERVICE- 3 .Pdf
4.1.F. The Developer has or will provide all easements required from the
proposed Lift Station to Amity Road.
4.1.G. The parties intend by this Agreement to construct said sewer lines in
conjunction with the water line extensions. If the City assigns the responsibility for construction
of the lift station and sewer lines then the water lines may be constructed consistent with the
sewer line construction.
4.1.H. 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 following:
4.1.H.a. The Developer has constructed the sewer lines from each lot
with-in their Bittercreek Meadows Subdivision to the current sewer lagoon. The City shall
reimburse Developer for the costs of construction of any line in excess of 8 inches to connect the
current system to the proposed lift station as allowed by City of Meridian ordinance.
4.2. WATER SERVICE
4.2.A. The Developer has constructed a potable water well in the subdivision to
serve the 241ots of Bittercreek Meadows under water right No. 63-31957 and approved by DEQ.
The Developer has or shall provide a SCADA system and standby power at well house. Prior to
assuming O&M of the well, the Developer agrees to complete punch list items identified in
Exhibit "A" and install any remaining SCADA equipment. Assumption of the operation and
maintenance of the well shall include programming of the SCADA system at City expense. If
the developer has met the above requirements on or before March 27, 2008 the City shall assume
operation and maintenance of the well on April 1, 2008. If Developer has not met his
requirements by the date set forth above, City shall not be required to assume operation and
maintenance of the well until fifteen (15) days after all requirements have been met.
4.2.B. Bittercreek Meadows HOA will release and/or assign operation and
maintenance of well to City.
4.2.C. DELETED.
standards.
4.2.D. The well has met, and must meet prior to transfer, current DEQ
4.2.E. Developer or HOA will modify the current CCR's to require future
homeowners or builders to apply to the Meridian Fire District prior to obtaining a building
permit to assure future homes meet the then current firefire flow requirements at the time of the
permit request of the District.
4.2.F. Developer hereby agrees to indemnify and hold the City harmless for
any claims related to insufficient water for fire flow purposes for fire suppression capability.
This indemnification shall apply to any of the homes in Bittercreek Meadows either existing at
AMENDED BITTERCREEK MEADOWS AGREEMENT
FOR SEWER AND WATER SERVICE- 4 .pdf
the time of this Agreement or built subsequent to this Agreement. This indemnification shall
only be for the limits of the City's liability pursuant to the Idaho Tort Claims Act and shall be
subject to all the required time limits as prescribed by statute and this hold harmless clause shall
expire when a suitable secondary water supply is available to Bittercreek Meadows and has been
approved by the Meridian Fire District.
4.2.G. The Developer shall construct, at Developer's cost, a 16-inch water
main from the existing City main located in Overland Road near the SouthRidge Development,
south in Ten Mile Road and west on Amity Road to the Bittercreek Subdivision (see Exhibit
"B") within 6 months of mutual agreement between the parties of this Agreement. Construction
of said water main is to be at Developer's cost and completed in coordination with the City's
sewer lift station and line extension project earlier noted within 12 months of approved and
permitted plans but by no later than December 31, 2009 . The parties intend by this Agreement
to construct said sewer lines in conjunction with the water line extensions. If the City assigns the
responsibility for construction of the lift station and sewer lines then the water lines may be
constructed consistent with the sewer line construction.
4.2.H. The Developer shall donate said infrastructure to the City at no cost to the
City. The Developer will be eligible for reimbursement according to the ordinance. Payments
will be made based on the distribution portion of the future water hookups for up to ten (10)
years from acceptance of the water main by the City.
4.2.I. A third party is required to construct a booster station or well in the
SouthRidge Subdivision pursuant to a separate Agreement. That Agreement is incorporated by
reference only for the purpose of aligning that requirement with this current Agreement. The
infrastructure must be in place for the timelines in this Agreement to be binding on either party.
4.3. Bittercreek HOA shall maintain landscaping on Well Lot and lift station
site to the same standard as other landscaping in the common areas of the Bittercreek Meadows
Subdivision.
4.4. JLJ Enterprises Inc. has provided Consent to Annexation for each of the
twenty four residential building lots, the three common lots of Bittercreek Meadows and agreed
to the same for potential future lots upon recording of a subsequent plat.
4.5. JLJ Enterprises Inc. has supplied an RE-26 form to buyers of residential
building lots within the subdivision advising of restrictions and/or conditions.
4.6. The City will acknowledge acceptance of the utilities in the Right of Way
at Bittercreek Meadows and communicate the same in written form to those agencies requiring
the acceptance and notification, including but not limited to Ada County Highway District and
said notification shall be within 2 business days of executing this Agreement. The sewer line
from the future lift station to the lagoons (the line that diverts from the currently constructed
sewer to the lagoons) shall remain the sole responsibility of the Developer and shall be properly
reclaimed.
AMENDED BITTERCREEK MEADOWS AGREEMENT
FOR SEWER AND WATER SERVICE- 5 .pdf
5. CONDITIONS AND REQUIREMENTS OF SEWER AND WATER USER
FOR THE HOOKUP OF THE SEWER ANDWATER LINE TO THE REAL
PROPERTY:
5.1. The hookup and assessment costs relative to the "Sewer and Water
System" connection shall be the responsibility of the "Sewer/Water User" subject to the
provisions herein and are identified in Exhibit "C" according to the following categories:
S.1.A. Category A lots have occupied residences as of the date of the execution
of this Agreement. Category A lots shall only be required to remit a Water Meter fee pursuant to
the City Schedule effective at the time of the execution of this Agreement. The relevant portion
of said Fee Schedule is attached and incorporated by reference as E~ibit "D".
S.1.B. Category B lots have residences that are under construction or that have
completed construction but are not occupied at the time of the execution of this Agreement.
Category B lots shall be required to pay the Sewer and Water Hook-up Fees and Water Meter
Fees effective at the time of this execution of this Agreement (see Exhibit D).
S.1.C. Category C lots are vacant lots with no construction as of the date of this
agreement. Category C lots shall be required to remit all Water and Sewer Hook Up fees in
place at the time by the City when Lift Station is operable or the fees in effect at the time a
building permit is pulled if the permit is issued after the lift station is operable.
5.2. All parcels in Bittercreek Meadows shall be connected to the City water
system within 30 days of the City assuming operations and maintenance of the well.
5.3. All parcels in Bittercreek Meadows shall be connected to the lift station
within 30 days of the lift station being operable.
6. ORDINANCE APPLICATION:
The "Ordinance" and "Policy/Regulations" apply to the Sewer/Water service and
connection and are herein incorporated as specific terms of this agreement and at such time or
times as the "Ordinance" andlor "Policy/Regulations" is/are amended or recodified, this
agreement is automatically amended in accordance therewith. It being specifically understood
and expressly agreed that lots within Bittercreek Meadows will be billed for water services by
the City and residents/owners will be bound by all City ordinances.
7. ANNEXATION:
At such time as the real property becomes legally eligible for annexation into the
"City", JLJ Enterprises Inc. or by any successor or successors in title or by the assigns of the
parties hereto gives consent to such annexation, agrees to pay the annexation application fee,
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.
AMENDED BITTERCREEK MEADOWS AGREEMENT
FOR SEWER AND WATER SERVICE- 6 .pdf
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 and subject to the provisions set forth herein.
9. REQUIREMENT FOR RECORDATION:
"City" shall record either a memorandum of this Agreement or this Agreement,
including all of the Exhibits and submit proof of such recording to JLJ Enterprises Inc. Cost of
recording will be split evenly.
10. DONATION OF WELL, WELL PARCEL, AND LIFT STATION PARCEL
AND COLLECTION AND DISTRIBUTION LINES:
10.1. The Developer will donate the well, well lot, pump house, appurtenances,
and water right to City as set forth upon Exhibit "F", attached hereto, and the City will document
the charitable contribution to the City in accord with current IRS regulations.
10.2 The Developer shall donate the lift station lot and all collection and
distribution lines to the City. The City shall provide proof of the chaxitable contribution of the
lot only from the developer to the City in accord with current IRS regulations.
11. RELEASES:
11.1 The City agrees to file properly recordable release documents, at City's
expense, evidencing the release of the Non-Build and Non-Occupancy Agreements upon the
payment of ineter hook up charges for individual homes in Phase 1 that are occupied or have
pending building permits as of the date of the execution of this Agreement. Future lots will be
released once water hookup fees are paid.
11.2 Upon execution of this Agreement the City shall remit to the developer the
sum of $100,000 as compensation for the costs incurred in this matter and in exchange for a
complete and full release of all claims by the developer and the HOA.
11.3 The City and Developer will execute a mutual release wherein the parties
withdraw their respective Notices of Default and/or supplements thereto, and Developer
withdraws that Notice of Claim filed with the City pursuant to the agreements referenced in
paragraph 1.6 herein.
11.4 It is specifically understood the parties are mutually releasing the other for
any claims, damages, or liabilities that heretofore have arisen or could have arisen pursuant to
the Memorandum of Understanding, the Hookup Agreement and the Notice of Claim.
AMENDED BITTERCREEK MEADOWS AGREEMENT
FOR SEWER AND WATER SERVICE- 7 .pdf
12. DEFAULT:
Any failure to perform the terms and conditions of this agreement shall be a
default.
13. REMEDIES:
13.1 This Agreement shall be enforceable in any court of competent
jurisdiction by either "City" or JLJ Enterprises, Bittercreek, LLC, Bittercreek Meadows
Homeowner's Association, 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 those provided pursuant to the
ordinance regulating and controlling the use of the City's Sewer/Water system presently codified
as Meridian City Code §9-4-26 and §9-1-16 and any subsequent ordinance or any parts thereof
which empower the City of Meridian to govern the Sewer/Water system.
13.2 In the event of a default, written Notice of Default shall be served and
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. Notice of
Default does not excuse performance of the balance of any terms and conditions of the
Agreement unless the default is such to negate continued performance.
13.3 In the event the performance of any covenant to be performed hereunder
by either "JLJ Enterprises Inc." 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, third party or outside agency delay, the time
for such performance shall be extended by the amount of time of such delay.
14. NOTICES:
14.1 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
33 E. Idaho Ave.
Meridian, Idaho 83642
with copy to:
AMENDED BITTERCREEK MEADOWS AGREEMENT
FOR SEWER AND WATER SERVICE- 8
PROPERTY OWNERS:
JLJ Enterprises Inc.
& Bittercreek, LLC
Bittercreek Meadows HOA
1560 Carol Street
Meridian, Idaho 83642
with copy to:
.pdf
City Clerk
City of Meridian
33 E. Idaho Ave.
Meridian, Idaho 83642
Trout, Jones, Gledhill,
Fuhrman, P.A.
Attn: Stephen J. Gledhill
P.O. Box 1097
Boise, ID 83701
14.2 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.
14.3 City and Developer agree to advise current residents and owners within
Bittercreek Meadows of the Agreements herein, and HOA agree to modify as necessary, the
Conditions, Covenants and Restrictions of Bittercreek Meadows to effect the terms of this
Agreement.
15. 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.
16. 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. Any extension of any time lines may be for
by acts of God, war, delays beyond control of the City, delay caused by third parties and/or
agencies.
17. 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 benefited and bound by the conditions and restrictions herein
expressed.
AMENDED BITTERCREEK MEADOWS AGREEMENT
FOR SEWER AND WATER SERVICE- 9 .Pdf
18. 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 there from and the invalidity thereof
shall not affect any of the other provisions contained herein.
19. FINAL AGREEMENT:
This Agreement sets forth all promises, inducements, agreements, condition and
understandings between JLJ Enterprises Inc., Bittercreek, LLC, and Bittercreek Meadows
Homeowner's Association 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 JLJ Enterprises Inc. and "City", other than as are stated herein or the exhibits or
agreements referenced 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".
20. 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.
21. EFFECTIVE DATE:
This Agreement shall be effective at such time as both parties have executed this
Agreement.
AMENDED BITTERCREEK MEADOWS AGREEMENT
FOR SEWER AND WATER SERVICE- 10 .pdf
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and
made it effective as hereinabove provided.
PROPERTY OW R
JLJ En rprises, c.
By J es L. Je tt, it' President
Bitter eek, LLC
B J es L. Jewe it's M aging Member
~~
Bittercreek Meadows O
By Jan~es L. Jewett, it' r sident
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CITY OF MERIDI
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DE WEERD
AMENDED BITTERCREEK MEADOWS AGREEMENT
FOR SEWER AND WATER SERVICE- 11 .pdf
STATE OF IDAHO )
County of Ada
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On this 1~ day of , in the year 2008; before me, the
undersigned, a Notary Public, personally appear JAMES L. JEWETT, known or identified to
me to be the President of JLJ Enterprises Inc., Managing Member of Bittercreek, LLC, and
President of Bittercreek Meadows Homeowner's Association, who executed the instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal, the da~ ~,~d ~~~r~~ this certificate first above written.
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On this l~~ day of , in the year 2008, before me, the
undersigned, a Notary Public, personally appeare TAMMY DE WEERD and JAYCEE L.
HOLMAN, known or identified to me to be the ayor 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,,,~d~~,~~r in this certificate first above written.
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AMENDED BITTERCREEK MEADOWS AGREEMENT
FOR SEWER AND WATER SERVICE- 12 .pdf
Exhibit p~1p
Bitter Creek Well ~
Punch List:
1) Install draw down Transducer.
2) Roaf ha.tch is not centered over the well h~ad. Center the hatch over the pump.
3) Conosian of fittings and equipment due to prior chlorin~e 1eak. Replace all corroded
parts.
4) Header,does not work. Repair ar replace.
S) Well, louver does nat work. Repair or replace.
6) SCAL~A system, including alarming needs ta be operational. ~The City will pay for
programming only).
7) Supply copies of v~'~ell logs, water right, and O&M manuals.
Exhibit "g~~
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EXHIBIT E
DELETED IN MAY, 2008 REVISION
Exhibit "F"
State of Idaho
Departrnant of Water Re~sources
Permit to Appropriate Vllater
r~o. ssaz~sr
Ptiorityy: May 2$, 2Q04
Thls is to cerfify, that J L J ENTE'RPRIS~S INC
40$ 8 EAGLE RD S7E 103
EAGl.E ID 83616
has appifed for a pe-rnlt to appropriate water from:
Saurce: t3ROUNQ WATER
and a pe~mit is APPR01/Ep fo ev ~ menf otwater ss fotfows:
Masdmum Dfversfon Rate: 2.70 CF&
g~a~ o~ anrE~zs~or~
0.47 CFS
2.23 CFS
34, 03N, Rge Q'E W, B.M., ADA County
~ 8N, Rge ~1 W, B.M., ADA County
~ • s~ ~
~ i ~I ! ~ ! ~€ ~ ! ~ 1 ~t i ~€ i sat~s
~~"``~ ( . I
Page 2 state of Idaho
' Depertrnent of Water Rasources
~ Permi~ to Appropriate Water
N0. 63-31967
9. 't'he righf halder shalf trtake fuil beneficia! use of aJl surface water rights avaflable to the r~ght halder
far (Mgation af the subdtviaton lots authorized ta be irrigated under this right The rFght holder shall
fErr~t the diverslon of graund water under fhis right to ttxase times when tfie surfaoe water suPPfy is
nat avaliabfe or th~ suri~ce wats~r supplY is not reasonabty sufiident to irri~ate the ~ace of us+e ~
autharized tmderthfs right
10. If the surtace wat~r right(sj appurtenant to ~e piac~ of use is soki, transf+eerred, leased or used on
any other pl~e af use, this r)ght bo dhrert groundarater shatl not be used for Irrigatlon purposes
widiauf an a~rproved ~nsfer puKSUant tio SecEion 42-222,'fdaho Gade, or spproval of the
Department if a cransfer Is not uired.
91. litis rlght does not grant a rig -way or easement across the tand of anothsr.
12. Afler s~c natttfica~ioh by e r~nenf, the right holder shall lnsfap s suitable maasuring
d~viae or shati enter into ~n g with tha Department to dete~rnlne the amount of waber
dhre~ted from powet records n nually repart the informatbn to the De~partrr-ent
13. Tha Dlnectar retains jttrisd' n ui right hotder to provide pur+chased or leased natural
fl~ow ar stored water to ofFs n af L r Snake Rlver flows If naeded fur salmon m~gratlon
purposes. 1"lie amount af ired to released ~nto the Snake River or a trtbutary, ~f
needed for this purpose, wi(t ined the Director based upon the reduetion in flow caused
by the use of water pursuant s ' .
This permif is lssued pursuant to th of 'o -284, Ida Gade. VVYitness the 5ignature of
the Director, affaced af Baise, i#~is ay~ Y G~ . 20 O~
Diredor