HomeMy WebLinkAboutOffsite Sewer Agreement with Frank Stauts and F&C Development for Napoli Subdivision Sanitary Lift StationADA COUNTY RECORDER J. DAVID NAYARRO AMOUNT .00 ~
BOISE IDAHO 06103/09 01:20 PM
DEPUTY Vicki Allen II I I i II II I II I II l iI I l II lI l I Il I lI 11 l III
RECORDED-REQUEST OF 1~'~E1~4~~1
Meridian City
OFF SITE SEWER IMPROVEMENT AGREEMENT
Parties: 1. Citv of Meridian
2. Frank Stauts. F&C Development Co., Inc.
owner of Napoli Subdivision
THIS OFF SITE SEWER IMPROVEMENT AGREEMENT ("Agreement") is made and
entered into this~_ day of June, 2009, by and between City of Meridian, a municipal
corporation of the State of Idaho (hereinafter called "City") and Frank Stauts, principal of F&C
Development Co., Inc. owner of Napoli Subdivision (hereinafter called "Napoli") within the
corporate limits of the City of Meridian. The business address of F&C Development Company
is 3554 E. Indian Trail Lane, Kuna, Idaho 83634.
RECITALS
WHEREAS, Stauts is the owner of the Napoli Subdivision located in the NW '/4 of the
SW 1/4 of Section 28, Township 3 North, Range 1 East Boise Meridian, Ada County, Idaho as
legally described in Exhibit A, attached hereto and incorporated herein; and
WHEREAS, as a condition of approval of the Final Plat of Napoli Subdivision (FP-06-
O50) ("Final Plat") the owner/developer of the subdivision is responsible to provide sewerability
to the subdivision through the installation of a temporary off-peak sanitary sewer pumping
station in a location designated by the Public Works Department; and
WHEREAS, a letter of credit from Napoli was provided to assure construction of the
sanitary sewer pumping station; and
WHEREAS, the letter of credit was set to expire on June 2, 2009 and the City in good
faith cashed said LOC to secure the funding for the off peak sanitary lift station as proposed in
the development condition; and
WHEREAS, the CITY will become responsible for the construction of the sanitary sewer
pumping station when and if it is necessary to provide sanitary sewer service; and
WHEREAS, City and Napoli have agreed on an alternative and permanent plan, in lieu of
the installation of a temporary off-peak sanitary sewer pumping station, to provide the required
OFF SITE SEWER IMPROVEMENT AGREEMENT -Page 1 of 6
sewer capacity to the Napoli Subdivision, to wit: The construction of an extension of the Black
Cat Sewer Line; and
WHEREAS, Napoli has agreed to provide funding for its proportionate shaze of the
extension of the Black Cat Sewer Line to provide sewerability to the Napoli Subdivision; and
WHEREAS, in exchange for an agreement by the City to continue to provide sewer
services to the Napoli Subdivision, Napoli desires to enter into this Agreement to memorialize its
agreement to the substitution of its participation in funding the extension of the sewer line; and
AGREEMENT
NOW, THEREFORE, in consideration of the covenants and conditions set forth herein,
which the parties agree is good and adequate consideration, the parties agree as follows:
1. INCORPORATION OF RECITALS. That the above recitals aze contractual
and binding, true and correct, and aze incorporated herein as if set forth in full.
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 cleaz context of the presentation of the same requires otherwise:
(a) City means and refers to the City of Meridian, a party to this Agreement,
which is a municipal Corporation and government subdivision of the State of Idaho, organized
and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue,
Meridian, Idaho 83642.
(b) Owners/Developers means and refers to Frank Stauts, a party to this
Agreement whose address is 3554 E. Indian Trail Lane, Kuna, Idaho 83634, the owner of said
Property and shall include any subsequent owner(s) or developer(s) of the Property.
(c) Property means and refers to that certain parcel(s) of Property located in
the County of Ada, City of Meridian as described in Exhibit A and by this reference incorporated
herein as if set forth at length.
3. AGREEMENTS REGARDING PROVISION OF SEWER SERVICES.
(a) Payment of Proportionate Share. Napoli shall make aone-time
payment of its proportionate share of the extension of the Black Cat Sewer Line to provide
sewerability to the Napoli Subdivision, which amount shall be Sixty Thousand dollazs and no
cents ($60,000.00) ("Napoli Sewer Contribution").
(b) Agreement to Provide Sewer Services; Satisfaction of Condition. In
exchange for the Napoli Sewer Contribution, the City shall continue to provide necessary sewer
services to the Napoli Subdivision and the lots located therein. Furthermore, the City accepts the
Napoli Sewer Contribution as satisfaction of its condition of approval on the Final Plat for the
Napoli Subdivision that the Owner/Developer of the Property installs a temporary off-peak
sanitary sewer pumping station in a location designated by the City's Public Works Department.
OFF SITE SEWER IMPROVEMENT AGREEMENT -Page 2 of 6
The City is under no time restraint as to the time period when the Off Site Sewer Improvement
must be constructed.
4. ISSUANCE OF ADDITIONAL BUILDING PERMITS. As additional
consideration for Napoli the City of Meridian agrees to issue all remaining building permits for
Napoli Subdivision, even if the Off Site Sewer Improvement is not completed at the time of the
request.
5. SURETY OF PERFORMANCE. The City shall retain Sixty Thousand Dollars
and no cents that it received from the Original Letter of Credit for Napoli for the construction of
the off peak lift station and apply it to the conditions of this agreement. The City shall then
return any remainder. of the money received from that Letter of Credit to Napoli within 30 days
of the execution of this agreement.
6. NOTICES. Any notice under this Agreement shall be in writing and be delivered
in person or by public or private courier service (so long as such services provide written
confirmation of delivery) (including U.S. Postal Service Express Mail) or certified mail, return
receipt requested, or by facsimile. Any notice given by registered or certified mail shall be sent
with return receipt requested. Any notice given by facsimile shall be verified by confirmation.
All notices shall be addressed to the parties at the addresses contained herein or at such other
addresses as the parties may from time to time direct in writing. Any notice shall be deemed to
have been given on (a) actual delivery or refusal, (b) three (3) business days after mailing by
registered or certified mail, or (c) the day facsimile delivery is verified.
If to City: City of Meridian
Attention: C ~rY ~ LER K
33 E SRbADWAY Avg
ME11:1 D1A1~ . ID '83 4, a 2
Telephone: 208-'S1~$- j121~
Facsimile: 208- ~- ~1'S1~3
With copy to: C~~ ~~' ~~21o`tA~
Attention: f~RUG~.E F~i26QIl1.ETO1J
~_~ E ,Rp.OAt~~IAV
N-~-a 1~iA~,1Q 'S~ 641?-
Telephone: 7,o~g• $Q7- 221!
Facsimile: '20~'- 88'1- 1291
If to Napoli: F&C Development Co., Inc.
Attention: Frank Stauts
3554 E. Indian Trail Lane
Kuna, Idaho 83634
Telephone: (208) 631-0252
Facsimile: (208) 887-6597
OFF SITE SEWER IMPROVEMENT AGREEMENT -Page 3 of 6
7. 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 fees as determined by a Court of
competent jurisdiction, including reasonable attorneys' fees on appeal. This provision shall be
deemed to be a separate contract between the parties and shall survive any default, termination or
forfeiture of this Agreement.
8. 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.
9. 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. Nothing
herein shall in any way prevent sale or alienation of the Property, or portions thereof. City
agrees, upon written request of Owner/Developer, to execute appropriate and recordable
evidence of termination of this Agreement if City, in its sole and reasonable discretion, had
determined that Owner/Developer has fully performed its obligations under this Agreement.
10. 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 from this
Agreement and the invalidity thereof shall not affect any of the other provisions contained
herein.
11. RECORDING. The parties acknowledge and agree not to cause or permit the
recording of this Agreement or any portion thereof prior to the purchase of the Property by
Napoli.
12. COUNTERPARTS. This Agreement may be executed in counterparts, each of
which shall constitute an original, but all together shall constitute one and the same Agreement.
13. ENTIRE AGREEMENT. This Agreement embodies the entire agreement
between the parties hereto with respect to the subject matter hereof. No extension, change,
modification or amendment to or of this Agreement of any kind whatsoever shall be made or
claimed by the City or Napoli, and no notice of any extension, change, modification or
amendment made or claimed by the City or Napoli shall have any force or effect whatsoever
unless the same shall be endorsed in writing and be signed by the parry against which the
enforcement of such extension, change, modification or amendment is sought, and then only to
the extent set forth in such instrument.
OFF SITE SEWER IMPROVEMENT AGREEMENT -Page 4 of 6
1N WITNESS WHEREOF, the parties have herein executed this Agreement and made it
effective as hereinabove provided.
OWNER/DEVELOPER
STATE OF IDAHO
County of Ada
ss.
Frank Stauts
F&C Development Co., Inc.
By:
F Stauts
On this ~ '- day of 5i,w~¢.. , 2009, before me, the undersigned, a Notary Public
in and for said State, personally appeared Frank Stauts, known or identified to me to be the
person who signed the above and acknowledged to me that he executed the same on behalf of
said organization
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
~~~srrgr/rr
(SEAL) ~J ~®T ~ ~~ o~"-s
z~ =
at ~VIP~d.~c.. ti . ".Ldakm
My commission expires (o-r+- ZO 13
OFF SITE SEWER IMPROVEMENT AGREEMENT -Page 5 of 6
CITY By:
`,, ~. r~~-p~T~o ~1i %,Charlie Rountree, Acting Mayor
S~~ ~ltest:
~~
~''%, ~ (±~~ ~ ~.~` Jaycee lman, City Clerk
STATE OF IDAHO
ss.
County of Ada )
On this ~ day of 2009, before me, the undersigned, a Notary Public
in and for said State, personally appeared Charlie Rountree and Jaycee Holman, known or
identified to me to be the Acting Mayor and City Clerk of the City of Meridian, Idaho, who
executed the within instrument and acknowledged to me that they executed the same on behalf of
the City of Meridian.
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 ~Q~ l JUe ~ ~ . lY~
My commission expires l U-L 1-I I
OFF SITE SEWER IMPROVEMENT AGREEMENT -Page 6 of 6
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