HomeMy WebLinkAboutHookup Agreement with Diamond View Assisted Living for Sewer Water system outside City limitsADA COUNTY RECORDER J. DAVID NAYARRO AMOUNT .00 10
BOISE IDAHO OB/05/09 03:13 PM
DEPUTY Randy Jennings II I I I II II I II I II ('I I'I I I II I II I II III III
RECORDED-REQUEST OF
Meridian City 1 ~~~~~ 124
AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/WATER
SYSTEM OUTSIDE THE CITY LIMITS:
DIAMOND VIEW ASSISTED LIVING LLC
3570 E AMITY RD
MERIDIAN, ID 83642
THIS AGREEMENT is made and entered into this day of ,
20 , by and between CITY OF MERIDIAN, a Municipal corporation of the State of
Idaho, hereinafter referred to as "CITY", and D ~ aMo,1 c~ Vi, w S rs ~i ~~~-. ~,GL , as
hereinafter defined and hereinafter referred to as "SEWER/WATER USER".
RECITALS:
1.1 WHEREAS, "Sewer/Water User" is the sole owner, in law and/or in
equity of certain tract of land in the County of Ada, State of Idaho,
described in Exhibit "A", which is attached hereto and by this reference
incorporated herein as if set forth in full, 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 and maintains and develops as 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 "Sewer/Water User" is the owner of "Real Propert}~'
hereinafter described which is presently located outside of the city limits
of the "City"; and
1.6 WHEREAS, the "Sewer/Water User" is desirous of obtaining connection
to the Sewer/Water to serve the "Real Property" and the "City" is willing
to provide that connection to the Sewer/Water service to the "Sewer/Water
User" 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 and that the
"Sewer/Water User" provide perpetual consent to annexation of the "Real
AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S
SEWER/ WATER SYSTEM OUTSIDE THE CITY LIMITS -1
Property" in to the "City".
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 and/or the person who is
the owner of the real property.
2.3 "Real Property": means and shall refer to certain parcel(s) of real
property located in the County of Ada, City of Meridian as described in
Exhibit "A", attached hereto and by this reference incorporated herein as if
set forth at length together with improvements thereon.
2.4 "Ordinance": means and shall refer to the City's 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".
2.5 "Policy/Regulations": means and shall refer to any City Council enacted
policy and/or regulation of its Sewer/Water system.
2.6 "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:
3. INCORPORATION OF RECITALS:
That the above recitals are contractual and binding and are incorporated herein as
if set forth in full.
4. PROVISION OF SEWER/WATER HOOKUP SERVICE:
The "City" agrees to authorize a connection to the "Sewer/Water System" to
service the "Real Property" subject to the terms and conditions of this Agreement.
AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S
SEWER/ WATER SYSTEM OUTSIDE THE CITY LIMITS - 2
5. CONDITIONS AND REQUIREMENTS OF SEWER/WATER USER FOR
THE HOOKUP OF THE SEWER/WATER LINE TO THE REAL
PROPERTY:
5.1 The Sewer/Water user shall be responsible for all costs associated with the
preparation of construction plans, acquisition of necessary easements, and
all costs of construction. The hookup and assessment costs relative to the
"Sewer/Water System" connection shall be the responsibility of the
"Sewer/Water User".
5.2 The Sewer/Water user shall be responsible for the operation and
maintenance of the temporary pressure sewer and off-peak station.
5.3 The Sewer/Water user shall be responsible to construction an 12 inch
water main that will be located in E Amity Road to an through the
Developers own property.
5.4 The Sewer/Water user will be responsible to connect to the future gravity
sewer main that will be located in E Amity Road within six months of
sewer service being available. The construction costs associated with the
crossover to gravity sewer will be the sole responsibility of the
Sewer/Water user.
5.5 The Sewer/Water user shall pay all Sewer/Water assessments prior to
receiving City services. No additional Sewer/Water assessments will be
required by the City when the Sewer/Water user converts from pressure
sewer to gravity main.
5.6 The Sewer/Water user will be responsible to solely construct or participate
in all costs associated with the construction of the future sewer main
located in E Amity Road along the user's frontage.
5.7 The Sewer/Water user shall post a Surety in the amount of ~ 24,470
to the City of Meridian for any necessary upgrades associated with the Napoli
Subdivision off-peak lift station. This Surety can be used by the City of Meridian
for construction costs associated with sewer services to The Sewer/Water user.
Including but not limited to Sewer trunk main in Meridian and Victory Road.
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
AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S
SEWER/ WATER SYSTEM OUTSIDE THE CITY LIMITS - 3
times as the "Ordinance" and/or "Policy/Regulations" is/are amended or recodified, this
agreement is automatically amended in accordance therewith.
7. ANNEXATION:
At such time as the real property becomes legally eligible for annexation into the
"City", the "Sewer/Water User" herein gives consent to such annexation, agrees to pay the
annexation application fee, agrees to 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.
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.
9. REQUIREMENT FOR RECORDATION:
"City" shall record either a memorandum of this Agreement or this Agreement,
including all of the Exhibits, at "Sewer/Water User" cost, and submit proof of such recording to
"Sewer/Water User".
10. DEFAULT:
default.
Any failure to perform the terms and conditions of this agreement shall be a
11. REMEDIES:
11.1 This Agreement shall be enforceable in any court of competent jurisdiction
by either "City" or "Sewer/Water User", or by any successor or successors
in title or by the assigns of the parties hereto. Enforcement maybe 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 but
are not limited to, termination of Sewer/Water service to all users located
on the real property covered by this agreement.
11.2 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.
AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S
SEWER/ WATER SYSTEM OUTSIDE THE CITY LIMITS - 4
11.3 In the event the performance of any covenant to be performed hereunder
by either "Sewer/Water User" 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, the time for such performance shall
be extended by the amount of time of such delay.
12. NOTICES:
12.1 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
660 E. Watertower, Suite #200
Meridian, Idaho 83642
PROPERTY OWNER:
Diamond View Assisted Living LLC
3570 E. Amity RD
Meridian, ID 83642
with copy to:
City Clerk
City of Meridian
33 E. Idaho Ave.
Meridian, Idaho 83642
12.2 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.
13. 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.
14. TIME IS OF THE ESSENCE:
The parties hereto acknowledge and agree that time is strictly of the essence with
AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S
SEWER/ WATER SYSTEM OUTSIDE THE CITY LIMITS - 5
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.
15. 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.
16. 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.
17. FINAL AGREEMENT:
This Agreement sets forth all promises, inducements, agreements, condition and
understandings between "Sewer/Water User" 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 "Sewer/Water User" and "City", other than as are stated 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".
18. 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.
19. EFFECTIVE DATE:
This Agreement shall be effective at such time as both parties have executed this
Agreement.
AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S
SEWER/ WATER SYSTEM OUTSIDE THE CITY LIMITS - 6
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and
made it effective as hereinabove provided.
Property Owner
G~1
Name: ta,wt o~ ~tfN Sri ~ ~'~t G~
CITY OF MERIDIAN
CCU r1 . (Z "~ By.
`````~„~„~~~„~,~,~~~ MAYOR TAMMY DE WEERD
ATTEST: .~`~~\Cl~y O'''~~Ji /`'~~~
r~o
- SEAL =
J CE O ,CITY CI;~ TG~.,~ ,~c~ o
APPROVED BY COUNCIL ON: ~~~'' -r;U „-~~ ~~
STATE OF IDAHO, )
County of Ada)
. ss.
On this day of , in the year 20 ~ before me,
the undersigned, a Notary Public, personally app ared known or identified to me
to be the property owner, who executed the instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal, the day and year in this certificate first above written.
AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S
SEWER/ WATER SYSTEM OUTSIDE THE CITY LIMITS - 7
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STATE OF IDAHO, )
County of Ada
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Notary Public ~o da1~o ~
Residing at:
My Commission Expires:
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On this d~~ day of J~1~ , in the year 20 , before m ~ ~
the undersigned, a Notary Public, personally ape e s an E ~~~n~~
HOLMAN., known or identified to me to be th~e~~.~~}or lerk, 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 and year in this certificate first above written.
(SEAL)
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AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S
SEWER/ WATER SYSTEM OUTSIDE THE CITY LIMITS - 8
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Memo
To: Jaycee Holman; Tara Green.
From: Scott Steckline; Land Development Supervisor
CC: Karie Glenn
Date: 5/28/2009
Re: Proposed Agenda Item for June 2, 2009 City Council Meeting
The Public Works Department respectfully requests the following item be placed on the June
2, 2009 City Council agenda, under Department Reports, for Council's consideration:
AGREEMENT FOR DIAMONDVIEW ASSISSTED LIVING TO HOOKUP TO THE CITY OF
MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS.
Recommended Council Action: The Public Works Department recommends
that City Council approves the purposed agreement with Diamond View
Assisted Living.
Thank you for your consideration. Please contact me if you have any questions.
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