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Home My WebLink AboutWhitestone Subdivision for Sanitary Sewer Lift StationADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 8 BOISE IDAHO 09126108 01:69 PM DEPUTY Yicld Allen II I I I II II II I I I II II II I I I II ~ II I IIII I III RECORDED-REQUEST OF 1E181084C4 Meridian City This sheet has been added to the document to accommodate recording information. Memorandum of Understanding Regarding Sanitary Sewer Lift Station at Whitestone Subdivision with Whitestone HOA & the City of Meridian. Approved by City Council on September 16, 2008. MEMORANDUM 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 ~,~~ 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 "L,~ Block j ,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 Sewer/Water system be included as terms and conditions of this agreement. NOW, THEREFORE, the parties hereby agree as follows: MOU- 1 of 4 Sewer Lift Station and Lot City agrees to take over operation, on a temporary basis, of the sanitary sewer lift station located at Lot 2,~, 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 agreemelln~~t is not reached and HOA has not provided clear title to City of the lift station lot on or before the~~day of ~L~~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 Properly 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~EdlWNERS ASSOCIATION BY. President CITY OF MERIDIAN, IDAHO By: ~-~n . C~-~-- -~ S,~~Tammy de Weerd, Mayor Attest: STATE OF IDAHO, ) . ss. County of Ada, ) On this ~`~ day of ~.~~ ~ ,2008, before me, the undersigned, a Notary Public in and fir the State of Idaho, Nersonally aNNeared -T2 -~ ~ ~ ,known or identified to me to be the President of the Whitestone Homeowners 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 abo~~„~~itten. 3 a SEAL ~ m~~'~~,~~ ~ ~; -- _ ~. ~, ~ ~ ~(~o ,~/ ~({pp'~~~~[[ 6 0 %OJ~ Ie~~ VWJ 6o~~4b °'~` ~d`~i~~ ~~~noaeeeeg~,~i STATE OF IDAHO, ) County of Ada, ss. r otary Public for Idaho Residing at: ~~~ ~.P~ My commission Expires: a, -a.-~-~~ On this 6~~ay of ~ b r ,2~08~~ b fore,wme, the undersigned, a Notary Public in and fo. the State of I aho, pe sonally appeared T eFd and ~4yCCc E}olnnar., known to me to b~~l ~ ~~ r~ariity 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 ~''~.L~' •. • ;aa~tin~ ``~~'~, ~, , ~ • :o ' ', ~ ~ ,,,~. %~: `, p; ~. . ,, ~~dy,,-.~; • 1~~ ~. o~ Notary Public for Idaho Residing at: (' 1 nl ~~ ~ d - . lC~ My commission Expires: !('~-1,a-1~ MOU- 4 of 4 a V ~o~ ".. ~ ~ ~O z r,~, ~ ~ ~~ ~ R $ ~ . . to TZ t 1 ~' f g ~^r. : ~ o ~ i ~ ~ ~ ~~~ a ~ ~ ~ Z ~ ~ ~. ~~~ ~~ ~. N d ~ s~ ~ ~ .. a .. ~ ~. v O ~p SC3~~ri O .~S°~a a a ~~ ~ ~ ; ~ ~ao c~ ~ ~ . ~~ ~~< 00 ~ p x ~~ Q~Q v~$fii- . m ~ . ~~~ ~ m ~~ • , ' ~ ~ ~ ~ ~i ~ ~° .~ °z a e~ ~- v° ~. ~m~ N vm~ ~~~ ~~~ ., ~. r S IDSOS Viewing Business Entity Page I of 2 ,~x fir, ~~ ~ i ~~~~ to=9~'. ,. ~ _~ iin i City ~~ 1. ~~~+ ~~ Chen Ysursa, 5ccretary of Sate [ New Search ] [Back to Summary ] [ Get_a certificate of existence for WHITESTONE HOMEOWNERS ASSOCIATION, INC. ] PO BOX 1090 MERIDIAN, ID 83680 Type of Business: CORPORATION, HOMEOWNERS ASSOCIATION Status: GOODSTANDING, ANREPT SENT 06 Aug 2008 State of Origin: IDAHO Date of 22 Oct 1996 Origination/Authorization: Current Registered Agent: 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 ~Q ~l is [ Help Me Print/View TIFF ] Filed 22 Oct 1996 INCORPORATION View Image (PDF formats View Image (TIFF format Report for year 2007 ANNUAL REPORT Report for year 2006 ANNUAL REPORT Report for year 2005 ANNUAL REPORT Report for year 2004 ANNUAL REPORT Report for year 2003 ANNUAL REPORT Report for year 2002 ANNUAL REPORT Report for year 2001 ANNUAL REPORT [ Help Me Print/View TIFF ] [Help Me Print/View TIFF ] View Ima ge (PDF formats View Imaae (TIFF format View Ima ge (PDF formats View Image (TIFF format? 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