HomeMy WebLinkAboutAgreement for Hookup Water/Sewer outside City Limits for Edward & Loretta SweetDec 02 05 04: 21 p DRV I D !L MO I RR ELCO}{ ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00
D e ~ ~ 2. 20°~ S I C ~ a 9.Aft~ .BOISE IDAH01?J23105 10:14 AM
DEPUTY Patti Thompson III IIIIIIIIII~IIIIIIIIIIIIIIIIII'I III
RECORDED-REQUEST OF 1 X51 ~SS~# i
City of Meridian
AGREEMENT FOR lE[OOKUP TO THE CITY OF MERID)<AN'S SEWER/WATER
SYSTEM OUTSIDIE THE CITY LIMITS
TATS AGREEMENT is made and entered into this iv -day of ~
2005, by and between CITY OF MEl[tI.D1tAN, a Municipal corporation of the State of ldaho,
hereinafter neferred to a9 "CITY", and Edward & Loretta Sweet, as hereinafter defined and
hereinafter referred to as "SEWER/WATEIt USER".
1. I WAEYtEAS, "Sewer/Water Uset" is the sole owner, in Iaw and/or in
equity of certain tract of land in the County of Ada, State of Idaho,
described as Lot I Block 1 as listed in Preliminary Plat of Windham Place
Subdivision dated 9/30/05, 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/Watcr systems; and
1..3 WHEREAS, "City" operates and maintains and develops as Sewer/Water
system; and
1 4 WriEREAS, the "City" has enacted an ordinance governing its
Sewer/Water system codified in Meridian City Code § 9-4-21i and 9-I-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 Scwer/Water to serve the "Real ?roperty" and the "city" is willing
to provide that connection to the Sewerl'Water service to /he "Sewer/Watet
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 Sewcr/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
Property" in to the `'City"..
AGREEMENT 1+OR HOO][tUP'PO THE CITY OF MERIDIAN'S
SEWER/WATER SYSTEM OUTSIDE'1'bIE CITY LIMITS -1
Dec 02 05 04:21p DRVID & MOIRR ELCOX 2083317040 p.3
oec~ ~. ~oo~ 10~49AM pJo.~011 F. i;
Z, DEIFiNI1'IONS:
For all purposes of tlvs 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 IIser"; means and shall refer to and/or the person who is
the owner of the real property.
2 3 "Real Prnperty"'. means and shall refer to certain parcel(s) of real property
located in the County of Ada, City of Meridian as described as Lot 1 Block
1 as listed in Preliminary Plat of Windham Place Subdivision dated 9/30/05
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 9-1-1 d, and this defuution specifically
includes any prospective amendments and/or recodifications to said
ordinance or any pans thereof and shall also refer to any other ordinance
of the Cily of Meridian governing the "Sewcr/Water System".
Z. 5 "Policy/Re$ulations": 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 T[iEIZEFORE, in consideration of the covenants and conditions set forth
herein, the parties agree as follows'
YNCO1tpORATION OF REG7TALS:
That the above recitals are contractual and binding and are incorporated herein as
if set forth in full.
4, PROVISION OF SEWERNVATER i1i00KI1P SERVICE:
The "City'" agrees to provide a connection to the "Sewer/Water System" to service
the "Real Property" subject to the terms and conditions of this Agreement..
AGREEMENT FOR Ei00ICUP TO THE CITY OF MERIDIAN'S
SEWER/WATERSYSI'EM OUTSIDE THE CITY LIMITS - 2
Dec 02 05 04:21p DRVID ~ MOIRA ELCOX 2083317040 p.4
Cec~ 2. 2005 10~50AM ~'Jo.30J1 P~ ~
5. CONDITIONS AND REQUIREMENTS OF SEWER/WATER USER FOR
~'II.E HOOKUP OF THE SEWER/WATER LINE TO THE REAL
PROPERTY:
The hookup and assessment costs relative to the "Sewer/'Water System'
connection shall be the responsibility of the "Sewer/'fNater User"..
6. ORDINANCE APPLICATION:
The "Ordinance" and "Policy/Regulations" apply to the Sewer/Water sen~ice and
erem ~nco a e as spec erms o agrecmen an a suc me or
times as the "Ordinance" and/or "PoGcy/Reguiations" islare amended or reeodiFied, this
agreement is automatically amended in accords„Ce 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 tither 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. DEFAUL'T':
Any failure to perform the terms and conditions of this agreement shall be a
default..
11. REMEDIES'
11..1 This Agreement shall be enforceable in any court of competent jurisdiction
AGRETs`MENT FOR HOOKUP TO THE CTIY OF MERIDIAN'S
SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS - 3
05 04:21p
l:~ee. 2. 2005 1D:SOAN
DRVID & MOIRR ELCOX 2083317040
No.3011 P~ F
by either "City" or "Sewer/Water User", 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 but are
not limited to, terrrvnation of Sewer/Water service to aU users located on
the real property covered by this agreement..
p.5
11.2 In the event of a default, written Notice of Default shall be served and
defaulting.pariy shall then have thirty (30) days after delivery of notice of
de~'ault to correct the same before the non-defaulting party may seek any
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 ofthe 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.
1 z. NOTxCES:
12.1 Any notice desired by the parties and/or required by this Agreement shall
be deemed delivered ifand 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: PROPERTY OWNER.
c% Meridian City Engineer Edward & Loretta Sweet
City of Meridian 2640 N Meridian Rd
200 E. Carlton, Suite #101 Meridian tD 83642
Meridian, Jdaho 83642
with copy to:
City Clerk
City of Meridian
33 E. Jdaho 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:
AGREEMENT FOR HOOKUP TO THE C1TY OF MERIDIAN'S
SEWER/WATER SYSTEM OUTSIDE THE CIT'Y' LIMI1`S - 4
Q2C
05 04:22p DRVID a MOIRA ELCOX
2083317040
2. PD05 1D:50AN
PJ,~-301) P. )
Should any litigation be commenced between the parties hereto concerning this
Agreement, the prevailing parry shall be entitled, in addition to any other relief as may be granted,
to court costs and reasonable attorney s fees as deternvned 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.. TTME IS OF THE ESSENCE:
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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
Agreement by the other party so failinb to perform '
1 S BINDING UPON SUCCESS017S,:
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 a~ccluiring an interest in the Property.
Nothing herein shall in anyway 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 shalt be both benefited and bound by the conditions and restrictions herein
expressed,.
16.. 1NVAldD PROVESION'
If any provision ofthis Agreement is held not valid by a court ot'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. Fi1VAL 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 bindit>b upon the parties hereto unless reduced to writinb and signed by them
or their successors in interest or their assigns, and pursuant, with respect to "City", a duly
adopted resolution of "City",.
AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S
SEWER/WA'1 ER SYSTEM OUTSIDE THE CTI'Y LIMITS - 5
Dec 02 05 04:22p
Dec 2~ 2005 10~50AId
DRV I D t4 MO I RR ELCOX
i 8, TERMINATYON:
2083317040 p.7
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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.
I9. EFk`ECTI'VE DATE
This Agreement shall be effective at such time as both parties have executed this
Agreement,.
tilt/ WITNESS WI~EREO)t:, the parties have herein executed this agreement and
made it effective as hereinabove provided,
Property Owner
~~
Edward Sweet
~`~Loietta weet
CITY Ofi MLRLDIAN
sy~.~
ATTEST: `~~`'~~'y C2~ '~~' ~~
~~~~~
WILLIAM G, BERG, rR.,
BY RESOLUTION NO._
F
O
`-t
ITY I,~R . ~ ~ ...:.~ ~
~~'
Q,9 T 1 ~~ r'r^~.~J
~" ...
~a~~3-os
AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S _ 6
SEWER/WATER SYSTEM OUTSIllE THE C1TY LIMITS
Dec 02 05 04:22p
Dec 2~ 2005 ID~SDAM
SATE OF IDAHO,
County of Ada)
DRVID & MOIRR ELCO}{
:. ss,.
2083317040
No~3Dl7 P~ 9
p.8
On this ~ day of ~~~~~__~ ~ the year 2005, before me, the
identified to me to be the property owners, who executed the instrument
IN
seal, the day y ~ar ~
v~' ~pTARr,~
(SEAL) ~l4
SEAL
STATE OF
S WHEREOF, I have hereunto set my hand and affixed my official
ifieate first above written.
l
~C Notery 1' for Idaho __
Residing at '~ ~-
My Commission Expir s~. 3Un o`l~ o
~~
OF A~~'
ss.
County of Ada ) ~~ (' '~'~'n~ ~
On this , ~ day of r~~C't~(,Y<~ v , in the year 2005, before me, the
undersigned, a Notary blic, personally appeared TAMMY DE WEERD and 'Vh1LL11AM G.
BERG, JR., known or identified to me to be the Mayor and Clerk, respectively, of the City of
Meridian, who executed the instrument or tl-e persons that executed the instrument on behalf of
said City, end acknowledged to me that such City executed the same.
TN WITNESS VVhIEREOF, 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: {'Y(,~ l'JGt `~~
My Commission Expires'. ~ D J-(5
AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S
SEWER/WATER SYSTEM OUTSIDETHE CTTYLIMITS - 7