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HomeMy WebLinkAboutLift Station Maintenance Agreement with Havasu Creek, LLC for Havasu Creek ADA COUNTY RECORDER J. DAVID NAVARRO BOISE IDAHO 07/16/03 11:09 AM DEPUTY Michelle Turner RECORDED - REQUEST OF Meridian CIIy AMOUNT .00 Lift Station Mamtenance Agreement 1111111111111111111111111111111111111 103117613 This Agreement is entered into this 4thday of June, 2003, by and between the CITY OF MERIDIAN (hereinafter "Meridian") and Havasu Creek LLC., an Idaho limited liability company, (hereinafter refeITed to as "Havasu"). WITNESSETH WHEREAS, Havasu has made application to Meridian to rezone and annex that certain parcel of real estate to be known as Havasu Creek Subdivision and to develop that subdivision as more particularly described on its initial application; and, WHEREAS, Meridian has granted Havasu's application subject to all of the terms and conditions of a Findings of Fact and Conclusions of Law entered into on January 7th 2003; and, /~ WHEREAS, one specific condition of the Findings of Fact and Conclusions of Law requires Havasu to install a sewage lift station in order to properly move sewage from a collection point in the subdivision to connect to the White Trunk Sewer Line of the Meridian Sewer System, which lift station must be monitored and maintained to prevent malfunctions; and, WHEREAS, Meridian has the capability and the expertise to monitor and maintain this lift station because it does the same with other lift stations at other projects and subdivisions, and will agree to do the same for Havasu for a fee equivalent to its costs and expenses; and, WHEREAS, Havasu intends to form a non-profit corporate homeowners association to be known as Havasu Creek Homeowners Association, Inc. (hereinafter the "Association") and said association will pay Meridian's fees for monitoring, repairing, and maintaining this lift station after construction by Havasu and assignment ofthis Lift Station Maintenance Agreement thereto and, if assignment is not made, Hayasu shall be responsible for Meridian's fees to monitor, repair, and maintain this lift station; NOW, THEREFORE, In consideration ofthe mutual benefits, the parties agree as follows: I. The above recitals are contractual and binding. 2. Scope of Meridian's duties: Meridian shall provide the following periodic maintenance services to the Cobre Basin lift station: A. Daily operations monitoring and biweekly wet well surface cleaning. Page 1 of5 B. Periodic line maintenance and wet well floor maintenance in accord with Meridian's nOITIlai schedule C. Emergency response to telemetry relayed breakdown messages. D. In the event routine repairs exceeding One Hundred Dollars and No Cents ($100.00) are needed, Meridian shall notify Havasu, who shall then make, or contract for, the repairs at Havasu's separate cost. Meridian is currently charging $15.75 labor and $15.00 vehicle per hour for routine repairs. E, In the event emergency repairs are necessary, Meridian shall cause those repairs to be made at Havasu's expense. Cost for emergency repairs shall be based on time and materials in correcting the problem. Time will be at the rate of Thirty-One Dollars and Fifty Cents ($31.50) per hour for two (2) personnel or at the then published hourly rate for services by Meridian wastewater maintenance persounel during regular hours (8:00 a.m. - 5 :00 p.m. Monday through Friday) and Forty-Nine Dollars and Fifty Cents ($49.50) per hour for two (2) persounel for non-regular hours, or at the then published rate for non- regular hours. A service vehicle rate is charged at Fifteen Dollars and No Cents ($15.00) per hour in addition to the persounel charge. NOTE: Emergency repair call-outs require the use of two (2) employees for safety Purpose. F. These rates are subject to periodic negotiation not more frequently than once per year or, if the parties agree, the rates may be negotiated by mutual agreement at any time. 3. Scope ofHavasu's duties: A. In addition to bearing the cost of installing the sewage lift station, Havasu shall install an alann system in accord with City Standards which shall cause a telemetry relayed breakdown signal to be relayed to the Meridian City Wastewater Department which shall then give rise to the duties in Section I. B. Havasu shall pay all utility costs incurred in operating the lift station, including water, power, and telephone. C. Havasu shall pay to Meridian routine maintenance charges as follows: i. Initially, one visit per day lift station monitoring and biweekly wet well surface cleaning at Two Hundred Forty-Five Dollars and No Cents ($245.00) per month. At a future time in the development of this subdivision, when sewage flow into the lift station has increased to a point where, in the opinion of the City Wastewater Superintendent, two daily visits and weekly wet well Page20f5 cleaning are required, the monthly maintenance charge shall increase to Three Hundred Forty Dollars and No Cents ($340.00) per month. ii. Periodic line and wet well floor cleaning at One Hundred Thirty-Five Dollars and No Cents ($135.00) per cleaning, as necessary or in accord with Meridian's nonnal cleaning schedule. These rates are subject to periodic negotiation not more frequently than once per year, or, if the parties agree, the rates may be negotiated by mutual agreement at any time. 4. Havasu shall indemnify and hold Meridian hannless from any and all losses, claims, actions, judgments for damages or injury to persons or property, and losses and expenses caused by, or arising from, operation and maintenance of the lift station and not caused by the negligent conduct of Meridian or its employees, 5. All sums of money due to Meridian shall be paid within thirty (30) calendar days of the date of invoice. 6. This agreement may be tenninated by either party upon sixty (60) days written notice. 7. In the event that the sewage collection system serviced by this sewage lift station can subsequently be connected directly to a gravity sewer line connecting to a main sewer trunk line, making the lift station unnecessary, then the lift station may be abandoned and all of the equipment shall belong entirely to Havasu or its assignee. 8. The duties and rights of Havasu may be assigned by Havasu to the association. Page3 of 5 Havasu Creek, LLc. Member:.~ ~ Mart Goldsmith STATE OF IDAHO, ) :ss. County of Ada. ) On this ~ay of ~, 2003, be)lz:e, the undei&ed, a Notary Public in and for said State, personally appeared t¡¡. Gt¡/Js'tUA , known and identified to me to be the member of Havasu Creek LLG. that executed the instrument or the person who executed the instrument on behalf of limited liability company, and acknowledged to me that such limited liability company 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. 1<-R~J ~ Notary Public for Idaho Residing at ~., Idaho Commission expires: ~i Page 4 of 5 ,.. Robert D. orne, Mayor ~~ ~ Q\A ~'Wf\Y\\\\~'~~;~;l;/j~ \ " ~-{ ~-v -- Attest: ¡"" à #,o~POR/J, ~<'6 '\ .7~~~/@. ¡ ~ ~ William G, Berg, Jr., Ci y Cl rk STATE OF IDAHO) ) ss County of Ada) On this 1':1#-- day of ~. ,2003, before me, a Notary Public in and for said State, pers~ared Robert D. Come and WIlham G. Berg, Jr., known or identified to me to be the Mayor and City Clerk of the City of Meridian, respectively, and to be the persons whose names are attached to the foregoing instrument and acknowledged to me that they executed the same for said City of Meridian. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. -"'.'. ~- N S~: -.. ,/~A"-'---*. : (.!>.O -"f.)..--~.. eCO' .... , - : { \ : . . I . . , , . ~ " I : -. .r-- !'Dm..\C~~ e -e~õF1P~.' e....._- S VtMJ'Vl Srvu ~ NOTARY PUBLIC FOR IDAHO Residing at: AdCLl¿Jtv¡/Cky {Jdaiw Commission Expires: I{- -Zg -0'5 Page50f5 Meridian City Council Meeting June 24,2003 Page 3 of 52 Q. R. S. T. U. V. K. Findings of Fact and Conclusions of Law for Approval: PFP 03-001 Request for Preliminary I Final Plat approval of 2 building lots on 2.46 acres in an L-Q zone for Gala Park Subdivision by Paul Aigner - 1620 Celebration Avenue: L. Findings of Fact and Conclusions of Law for Approval: RZ 03- 005 Request for a Rezone of 4.738 acres from R-4 to L-Q zones for Christ Lutheran Church by Christ Lutheran Church - 1406 West Cherry Lane: M. Findings of Fact and Conclusions of Law for Approval: CUP 03-012 Request for a Conditional Use Permit for a church I preschool in a proposed L-Q zone for Christ Lutheran Church by Christ Lutheran Church - 1406 West Cherry Lane: N. Findings of Fact and Conclusions of Law for Denial: CUP 03- 017 Request for a Conditional Use Permit for a new Carl's Jr. restaurant with drive-thru service by Clayton Jones - north of Intersection of South Meridian Road, East Central Drive and South Main Street: O. Waterline Easement for Idaho Central Credit Union: P. Sewer and Waterline Easement for Franklin Storage: Sewer and Water Main Easement for Tuscany Development - Messina Village Subdivision No.1: Sewer Main Easement for Tuscany Development - Messina Hills Subdivision No.1: Sewer and Water Main Easement for Sutherland Farms Subdivision No.1: Lift Station Maintenance Agreement with Havasu Creek, LLC, for Cobre Basin Subdivision No.1: License Agreement with Nampa & Meridian Irrigation District for Sewer Crossing of Finch Lateral: Change Order No.1 for South Slough Trunk Sewer Project - Brown Construction: Meridian City Council Meeting June 24, 2003 Page 4 of 52 Corrie: Okay. Item Number 3 is the Consent Agenda. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: On the Consent Agenda, Mr. Nichols, and Mr. Smith from Public Works have asked to move Item Number W down to 5-W. Take it off the Consent Agenda and move it down to the Regular Agenda as 5-W WIth that I would move - with that change, move that we approve the Consent Agenda and for the Mayor to sign and the Clerk to attest on all proper papers. Nary: Second. Corrie: Okay. Motion has been made and seconded. Is there any further discussion? Hearing none, Mr. Clerk, roll call, please. Roll call: McCandless, absent; Nary, aye; de Weerd, aye; Bird, aye. Corrie: Okay. All ayes. Motion carried. MOTION CARRIED: THREE AYES, ONE ABSENT Item 4. Department Reports: A. Finance Department: 1. Finance Report: Corrie: Item Number 4 is the Department Reports, Finance Department. Kilchenmann. Mrs. Kilchenmann: Mayor, Members of the Council, there is just a couple items I want to call to your attention tonight. The first under investments and interest income that - if Bruce and -- our investment advisor and I have decided at this point we can only used the Idaho pool for investment, because there is just -- interest rates are so low that it's not possible to go out on the bond market or find certificates of deposit that are any -- anymore than like one and one and a half percent. I will check this again, the interest rate forecast I made to the end of the year tomorrow when I find out if the feds actually do lower interest rates again, because we might have to revise our revenue forecast downward and take some action on that, depending on what happens with that. De Weerd: Mr. Mayor?