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Home My WebLink AboutWhitestone Subdivision for Sanitary Sewer Lift Station 2MEMORANDUM OF UNDERSTANDING REGARDING THE SANITARY SEWER LIFT STATION AT WHITESTONE SUBDIVISION BETWEEN WHITESTONE HOMEOWNERS ASSOCIATION AND THE CITY OF MERIDIAN THIS MEMORANDUM OF UNDERSTANDING is made and entered into this ~~l day of September, 2008, by and between the Whitestone Homeowners Association (HOA) 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, Block ~ of the Whitestone Subdivision No. 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 Z.,l, Block ~ ,Whitestone Subdivision No. (herein referred to as the Property) upon which HOA operates a private sanitary sewer lift station. 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 4 ~~, y Sewer Lift Station and Lot City agrees to take over operation, on a temporary basis, of the sanitary sewer lift station located at Lot Z~, Block ~ of Whitestone Subdivision No. _ effective September ~, 2008 on the terms and conditions contained herein, 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 Whitestone sanitary sewer lift station through the execution of a Bill of Sale or other legal means. 2) HOA agrees to deed to City the lift station lot, free and clear of all liens and encumbrances. 3) HOA agrees to give City of Meridian any and all records for maintenance and operation of sanitary sewer system. 4) HOA agrees to maintain the landscaping on the lift station lot. 5) HOA agrees to indemnify City for all liabilities related to the operation of the lift station prior to the date that City takes over permanent operations. City of Meridian Responsibilities: 1) City of Meridian agrees to temporarily assume operation of sanitary sewer system lift station and begin the installation of necessary upgrades beginning on September ~ 2008. 2) The cost of the equipment and installation will be borne solely by the City of Meridian. 3) City Agrees to take over ownership of the lift station and lot and assume responsibilities for permanent operations upon execution of the final agreement and receipt of a free and clear deed to the lift station lot. 4) With this agreement the City of Meridian maintains the ability to connect additional services as the City sees fit. In the event that a final agreeme~~n~~t is not//reached and HOA has not provided clear title to City of the lift station lot on or before the~Tday of IICC~~L(.2008 or such other date as mutually agreed, this Memorandum of Understanding shall become null and void, and City shall remove its equipment and turn operation of the lift station back to HOA. The City shall not be able to recover any of its costs for the equipment or installation. TEMPORARY LICENSE GRANTED HOA extends to City a license over, across, and under the Property for the purposes set forth in this agreement. MOU- 2 of 4 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. WHITESTONE\HOI~E~WNERS ASSOCIATION President CITY OF MERIDIAN, IDAHO By: ~G-gyn. Cz--r-- ---_,. S~~Tammy de Weerd, Mayor Attest: City Clerk STATE OF IDAHO, ) County of Ada, ) ss. On this ~~day of ~ ~~,~ / 2008, before me, the undersigned, a Notary Public in and for the State of Idaho, personally appeared -TQ -x, ~ o,a 4z ,known or identified to me to be the President of the Whitestone Homeowners A sociation who executed this instrument on behalf of said association and acknowledged to me that such association executed the same. MOU- 3 of 4 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. /' SEAL ~, ." ,''. I1~~ ~~~ 1,~. ~'1B ~,'.~ `~ n, - otary Public for Idaho ~ ~f : j Residing at: ~ -r S.p ~LO ;,',,~,-v7G. My commission Expires: ~ -:~-~-i~- ~, G:,. STATE OF IDAHO, ) County of Ada, ) ss. On this day of ,2008, before me, the undersigned, a Notary Public in and for the State of Idaho, personally appeared Tammy de Weerd and ., 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- 4 of 4 N N m a ~o ~ ~o 0 3 S ~ ~~ ~ • ' ~' T V g ~R•y I ~II J A S ~~~~ s ~ w ~. ~ ;o m i ~ ~ ~+ o ~ So ~ ~ d ~. m m ~. ~,~ O W ~ ~'~ ~~ ,.... c 58~~~ ! o t~ qJ Z~~ ~ (~~_~ ~ r i " i~ y ~~ ~m ~~<~ ~~~ ~ ~ ° ~ ~ _ - ~ m ~~ m ~~ ~ py r 7 ~~ ~g Q r Z N D ': °v sus ~ m om~ r ~~~ ~ ,' IDSOS Viewing Business Entity Page 1 of 2 ~'r ~ h::_ r~~ ~ ~~.?,~-$E~ ~"s~I~TAR~' CAF TI: ~ ,, ~` ~~ ~?i~~rii~. Bl.lsirl~~~ r~~i~ , x~ ~Y Y [New Search ] [Back to Summary ] [ Get a_certi_fic_ate of existence for WHITESTONE HOMEOWNERS ASSOCIATION, INC._ ] ~~ ~~ , PO BOX 1090 MERIDIAN, ID 83680 Type of Business: Status: State of Origin: Date of Origination/Authorization: Current Registered Agent: CORPORATION, HOMEOWNERS ASSOCIATION GOODSTANDING, ANREPT SENT 06 Aug 2008 IDAHO ` 22 Oct 1996 MICHAEL FARLOW 849 E FAIRVIEW MERIDIAN, ID 83642 Organizational ID /Filing C116880 Number: Number of Authorized Stock Shares: Date of Last Annual Report: 25 Oct 2007 ~~~~1 ~~a~xs~. 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Image (TI_FF format) http://www.accessidaho.org/public/sos/core/search.html?ScriptFormstartstep=viewentity... 9/12/2008 IDSOS Viewing Business Entity Report for year 2000 ANNUAL REPORT Report for year 1999 ANNUAL REPORT Report for year 1998 ANNUAL REPORT Report for year 1997 ANNUAL REPORT Idaho Secretary of State's Main Paoe Page 2 of 2 View _I_mage_ PDF format) View Image_ (TIFF format) View Image (PDF format View Imaa_e__(TIFF format View Image (PDF format View Image_(TIFF format View Image_(PDF format) View Image (TIFF format State of Idaho Home Page Comments, questions or suggestions can be emailed to: sosinfo@sos,idaho.oov http://www.accessidaho. org/public/sos/core/seazch.html?ScriptFormstartstep=viewentity... 9/12/2008