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HomeMy WebLinkAboutAmended Sewer and Water Agreement with Bittercreek, LLC for Bittercreek MeadowsADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 19 BOISE IDAHO 05/22108 02:02 PM RECORDED~nREQUEST OF ~I I ~ I ~I'~ II I I I~ I) I I II ~~I' I' I II I' II'I~ Meridian City 1 ~$~~~~~~ AMENDED BITTERCREEK MEADOWS AGREEMENT FOR SEWER AND WATER SERVICE MAY 2008 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 aSewer/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 •~ 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 and/or 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: 3. 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 •P~' 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 may assign construction (which is likelyl. 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 •P~ 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. 4.2.D. The well has met, and must meet prior to transfer, current DEQ standards. 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 •P~ 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 •~ 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 Exhibit "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" and/or "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 •P~ 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 charitable 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 meter 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 •P~' 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 arty 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 Trout, Jones, Gledhill, City of Meridian Fuhrman, P.A. 33 E. Idaho Ave. Attn: Stephen J. Gledhill Meridian, Idaho 83642 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 •P~ 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 •P~ ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. PROPERTY JLJ Enterprise By J es L. J President Bitter eek, LLC B J es L. Jewe it's M naging Member ..-v Bittercreek Meadows O By Jarpes L. Jewett, it' r sident CITY OF MERIDI By: ~.. MAYOR TA ATTEST: ~.?. o = SEAL JAYC L. HOLMAN, CITY CLE~.K ~ T iai , `~. AMENDED BITTERCREEK MEADOWS AGREEMENT FOR SEWER AND WATER SERVICE- 11 DE WEERD .pdf STATE OF IDAHO ) County of Ada . ss. 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 day a~xd' ~e~r~~ .this certificate first above written. i v+ x~s4. x/jw ~n °!~-~ !, A n ~ ?e (SEAL, ~ ~~'~ ~~-°:~'`_ ~ -~ '°-~ '~ Notary Public for Idaho ~- cl~ ' '~~ ~~ ,' O ~ Residing at:~r~~ . `~~ /~.~. BL se~~ ` My Commission Expires: 3 ~ a 3 " 1 a ,O~~IOICtfi~O,~ ~~\~` STATE OF IDAHO ) . ss. County of Ada ) On this ~`4'!- 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 daytax~~y,~~;r in this certificate first above written. ~~~~~~~~ ~ ~ ~ 'f~,~ s ~ .~~ OOP '~ e n „_ ° ~' ~ Notary Pub ' c for Idah ~, " ,~ ~~= o- Residing at: ~.~ - +°•-~e~BL~~^,~~'.~ ~ My Commission Expires: ~~ ~- I~ ~ y / ~'Jlr.. V ! .,.. AMENDED BITTERCREEK MEADOWS AGREEMENT FOR SEWER AND WATER SERVICE- 12 .pdf Exhibit ~A" Bitter Creek. Well Punch List: 1) Install draw dawn Transducer. 2) Roof hatch is not centered over the well head. Center the hatch over the pump. 3) Corrosion of fittings and equipment due to prior chlorine leak. Replace all corroded parts. 4) .Header-does not work. Repair or replace. S) Well,louver does not work. Repair or replace. 6) SCADA system, including alarming needs to be operational. (The City will pay for programming. only).. 7) Supply copies of well logs,. water right, and O&M manuals. Exhibit "B" 'Lone ~~ .~ .~ a ion ~~ iL F' V1CtOI'y Zone -_ 1 ~" Water (Red) 16" Wader (Maroon) $" Water (Green) ~. Approximately 1400 gpm "firrrt" ~'' ~ . 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'OO°o~ 3 m ~~ ~ .y-. N N ~ ~ W ~ BOO f" fD '~ 'O ~ K `G ~ C C ~ ~ ~ ~ CD fD G1 7 7 ~...~. ~ ~ N O ~ N .~. _ .. CAD ~ ~. O Q ~ ~ _ d ~ ~ N r-: (D ~ CD () S fD fD ~~ N .~ (D EXHIBIT E DELETED IN MAY, 2008 REVISION Exhibit "F" State of Idaho Department of Water Resources Permit to Appropriate Water N0.63-31957 Pt~tfty: May 26, 2004 Maximum Dbersion Rate: 2.70 CF3 This is to certify, that J L J ENTERPRISES 1NC 408 S EAGLE RD S7'E 103 EAGLE iD 83818 has applied far a permti to appropriate wafer from: Source: GROUND WATER and a permit is APPROVED fo ev ~ ment afiurater as follows: BENEFICIAL t1SE E QF S RATE dF DNERSlON DOMES77C ii ` ~ ~ 1?/3 f 0.47 CFS FIRE PROTECTION 1/n 1 2.23 CFS GROUND WATER NW/.NE . 34, 03N, Rge 01 W, B.M., ADA County GROUND WATER ~ NW%sN~/. ..~ 3N, Rye 01W, B.M., ADA County Pt.AGE'OF USE: DOMESTtC rl< 1R ~~ ' ATE TIQ 7wp ROe Sec ( !IH ! t ~' ( S8 osno~w ~a j ~1~i~181t~~.L 1 ! s ;~ dElt~-l~i$€ ~ 1t80tl~it~.. ~ Totals i ! i . C? ~' ~PFRd1/A 1. Proof of application of water to ne I us ;~ h su ` efore May 01 ~ 2007. 2. SubJect td all prior water rights. ~.. Q ~ ~ ~~ 3. P%~ect constntctlarrshaN aomms ` _ . ~ ~n ~rr~ear' ra a mjt issuance and shall proud dJligantiy to completion un ~'- ~ .ca~~ s'h ow'`~~t sat n of the 13irec~sr of the Depar&rtent of Wafisr Resources the ~ use e due ta~X _ sta~c~ `aver wttiich the pertrdt holder had no oontrol. 4. Right haldershaU carrp~ly with the drilling permit requirements of Section 42-235, Idaho Code and applicable Well Constnx~ian Rules of the Department. S. The diversion and use of water described in this right may be sut~ect to additional cxindtibns and limitations agreed to by the protestanas) and the right holder under separate agr+~rta3ra ba which the Department is nova party and which may be enforceable by a court of law. 6. Domestk use fs for 24 homes within Bittercreek Meadows Subdivlsfan. 7. Watershait not ba diverted far fire protection use under this right except to fight or repel an existing ' Rre. 8. Prior to the diversion and use of water under this approval, the right hailer shalt comply with appNcabie water quality standards of the Department of Emlronmeniaf Quality. Page 2 Efate of ttfaho ' Department of Water Resources Permit too Appropria#e UVa#er N0.63-31967 9. The right holder shall make. full beneficial. use of aA surface water rights avafiable to the right balder for irrigation of the subdivision tats authorized to be irrigated under this right 7'tte right holder shall limitthe diversion of ground water under this right tza these when the surface water supply is rat available or the surtac:e water supply is not reasonably suf>ident to irrigate tfie place of use authorized under this right 10. If the surface water right{s} appurtenant to the place of use is sold, transferred, leased or used on any other place of use, this rlpht to divert groundwater shall not be used for irrigatbn purposes without an approved transferpursuant to Section 42-222,'Idaho Code, ter approve! of the Departmerrt if a transfer is not aired. 11. 'this right does net grant a rig -way or easement across the land of another. 12. After specific notificaflon by a rtment, the right holder shall instal) a suitable measuring devit:e or shall enter into an g with the Department to de~mtine the amount of water diverted from power records n nually report the information to the Department. 13. The Director retains jurisd' n ui right holder to provide purchased or leased natural flaw or stored water to offs n of L r Snake River flows if needed tar salmon migration purposes. The amount of lred to released into the Snake River or a tributary, ff needed far this .purpose, will fined the Director based upon the reduction in flow caused by the use of water pursuant t s This permit is issued pursuant b th the Director, affixed at Boise, this _ Witness the signature of _, 20 +~~. ~~~ 7" ~':~ REHER, Director ~,. ~ < F j c 4} ; !_._. ~ fit? r ~''~`'~~ *f ` ~ ! ` ` k~~; M 4 i . Meridian City Council Special Meeting_ March 24, 2008 The Meridian City Council Special Meeting was called to order at 12:00 P.M. on Tuesday, March 24, 2008 by Mayor Tammy de Weerd . Members Present: Mayor Tammy de Weerd, Keith Bird, David Zaremba, Charlie Rountree and Joe Borton. Staff Present: Bill Nary, Tom Barry, Joe Silva and Jaycee Holman. Item 1. Roll-call Attendance: Roll call. X David Zaremba X Joe Borton X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd Item 2. Adoption of the Agenda: Rountree: Madame Mayor. De Weerd: Mr. Rountree. Rountree: I move we adopt the agenda for the special meeting of March 24tH Bird: Second. De Weerd: I have a motion and a second to approve the agenda. All those in favor say aye. ALL AYES. MOTION CARRIED. Item 3. Amended Agreement for Bittercreek Meadows: Nary: Madame Mayor, Members of the Council thank you. As you all know this has been a fairly long process, but we do have a signed agreement for you today. I did send the electronic version of the agreement. Mr. Jewett's attorney sent me a faxed copy of his signature so I do have that and it is ready for your approval. Just too briefly kind of touch on some of the issues on this and Mr. Barry can probably go into the specifics that deal with Public Works. The structure of the agreement if you have had an opportunity to review it. We have gone back and forth a couple of times, but this new amended agreement will replace all the prior agreements that we have had on this -the two, one in 2006 Meridian City Council Special Meeting March 24, 2008 Page 2 of 6 and one in 2004, this will replace those two agreements. Part of the conditions of this agreement is in the tort claims that were filed will then be subsequently withdrawn. We will replace a separate document for that so that we can make sure that that gets recorded properly and we will prepare that. But, that is agreed to in here that those are withdrawn so that we no longer have those to deal with. The original agreements that we had required that the city build, the lift station, in a shorter timeframe than what we felt was really appropriate for the city's use, this agreement basically the city will take over the water system here shortly and then the building of the lift station can be assigned so it can be built at a later time and built in a staged fashion so that the future growth can be contemplated for, but it doesn't have to be built at a larger regional size at the outset and that was a strong consideration by both us and the developer to get this accomplished. There is some language in here that allows for some time delays. Those are some of the issues that we have .had in the past and there is some allowance for that based upon other agency delays, other weather delays, acts of God and those types of things -those abilities to set over those timelines if necessary. Maybe Mr. Barry could talk about the specifics on how this benefits the city and I would make a comment, too, Mr. Barry I think has been instrumental in getting this accomplished. I think in my work with Mr. Jewett, he certainly had some apprehension in working with the city. I think Mr. Barry has been a huge asset in getting this done by really focusing on what do we need as the city? And what would benefit us? But also what would benefit Bittercreek Meadows so that we could get this accomplished, get a lift station out in that area, which from an environmental standpoint is probably more of a positive than what exists today in lagoons. I just wanted to make note of that that Mr. Barry, I think, is really the reason we are here today getting this done. I think Mr. Jewett was willing to work with the city and there was just because of some issues that we couldn't get there and I think Mr. Barry helped us get that resolved. Barry: Thank you for your kind words, Mr. Nary. Madame Mayor, Members of the Council just briefly. The agreement would obligate the city to design a waterline extension from around the South Ridge development to the Bittercreek well and then along the frontage of Bittercreek. It would also bind the city to design of the sewer lift station and the pressure sewer line back to the city's stub near the South Ridge development as well. At that point, the city would be on the hook for construction of the booster of the sewer lift station rather, and the pressure sewer line at the city's expense. The sewer lift station would be designed at a minimum to accommodate approximately 50 units or 50 homes. Mr. Jewett would be obligated to construct the waterline extension and he would be eligible for reimbursement of that waterline extension per ordinances that are already set in place. This agreement does bind the developer for - or allows us to achieve a secondary source with infrastructure that is going in the South Ridge development and so there is some coordination that needs to happen there. So we may be speaking with Mr. Jewett again in the future about making sure that we can ensure that coordination occurs. Additionally, we would like to coordinate the construction of both the waterline extension as well as the pressure sewer Meridian City Council Special Meeting March 24, 2008 Page 3 of 6 line in addition to the sewer lift station and so this agreement accommodates that and puts timelines both on the city and for the developer to make sure that that is coordinated in the best possible manner for both entities, but certainly with time being of an essence to make sure that both of those pieces of infrastructure get put into place by the end of next year. So with that I will take any questions that may have. De Weerd: Council any questions? Rountree: Madame Mayor. De Weerd: Mr. Rountree. Rountree: Tom when you talked about reimbursement particularly for the waterline was there a percentage indicated or that will be subject to future negotiations? Barry: Currently, we are understanding that Mr. Jewett and the city has is that it is .under the current ordinance. So the percentages are based upon tables and depending upon pipe sizes and those sorts of things. He would be reimbursed according to the ordinance and one thing that is important and he has an understanding with myself and those in the city that the reimbursement would occur not as a lump sum, but as hookups take place. So he would be recouping his cost over time as people hooked into the system providing that the system could accommodate those hookups. Rountree: Thank you. Zaremba: Madame Mayor. De Weerd: Mr. Zaremba. Zaremba: The last thing you said before the question was that it would be done by the end of the year. Are you meaning the calendar year 2008 or an irrigation year or --? Barry: No I am sorry, let me clarify Councilmen. It would be December 31, 2009. Zaremba: Okay, thank you. De Weerd: Any other questions from Council? Joe did you have any comment? Silva: Mayor I was just standing as a resource in case you had any questions pertaining to the fire flow. It seems like they have all been addressed given the size of the homes. The largest home out there, just to kind of give you a quick snapshot is approximately 8,400 square feet and the Fire Code would require a Meridian City Council Special Meeting March 24, 2008 Page 4 of 6 fire flow of 2,000 g.p.m. -excuse me, 1,875 gallons per minute. So we have met that requirement. So this should be workable to address the fire flow issues. De Weerd: Very good. Well, Mr. Barry we appreciate all of your efforts. I think there has been certainly compromise on both sides to try and find an agreement that work for the city and meet the obligations that we made to the developer. So, Council any other questions? Zaremba: One more if I may? De Weerd: Yes. Zaremba: This agreement, if I missed it I am sorry. Probably also includes the city buying a conservation easement on a certain amount of property and what did the price on that end up being? Nary: Madame Mayor and Members of the Council, no the final discussion was basically the city was remitting a payment to Mr. Jewett, but was not reserving of that property. Zaremba: Okay. How much is the payment? Nary: $100,000.00 De Weerd: Okay anything further? You do have an agreement in front of you to take action on, so we would seek your action. Bird: Madame Mayor. De Weerd: Yes. Bird: I move that we approve the Bittercreek Meadows agreement with JL Enterprises and Bittercreek, LLC and for the Mayor to sign and the Clerk to attest. Zaremba: Second. De Weerd: Okay, I have a motion and a second to approve the agreement. Any further discussion? Madame Clerk will you please call roll? Roll Call Vote: Bird, aye; Rountree, aye; Borton, aye; Zaremba, aye. ALL AYES. MOTION CARRIED.