HomeMy WebLinkAboutAgreement to Hookup to Sewer Outside of City Limits with Goldcreek Developers, LLC and Stetson LLC for Westborough SubADA COUNTY RECORDER J. DAVID NAVARRO 10
I, BOISE IDAHO 05125104 03;44 PM
DEPUTY Bonnie Oberbillig
Mer dRanECityREQUEST OF ~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~ ~~~
AMOUNT .00 1 ~4~+~47~~43
AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER SYSTEM
OUTSIDE THE CITY LIMITS
THIS AGREEMENT is made and entered into this ~= day of
~~~1 L , 2004, by and between CITY OF MERIDIAN, a Municipal corporation
of the State of Idaho, hereinafter referred to as "CITY", and GOLDCREEK DEVELOPERS,
LLC, and STETSON LP, as hereinafter defined, and hereinafter referred to as "SEWER
USER".
1. RECITALS:
1.1 WHEREAS, Goldcreek Developers LLC, and Stetson LP are the owners,
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 systems; and
1.3 WHEREAS, "City" operates and maintains and develops a sewer system;
and
1.4 WHEREAS, the "City" has enacted an ordinance governing its sewer
system codified in Meridian City Code § 9-4-26; and
1.5 WHEREAS, Goldcreek Developers LLC, and Stetson LP are the owners
of "Real Property" hereinafter described which is presently located
outside of the city limits of the "City"; and
1.6 WHEREAS, the "Sewer User" is desirous of obtaining connection to the
sewer to serve the "Real Property" and the "City" is willing to allow that
connection to the sewer service to the "Sewer 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/Regulation~" which govern its sewer system be included as terms
and conditions of this agreement and that the "Sewer User" provide
perpetual consent to annexation of the "Real Property" in to the "City".
AGREEMENT FOR HOOKUP TO THE CITY OF
MERIDIAN`S SEWER SYSTEM OUTSIDE THE CITY LIMITS
GOLDCREEK DEVELOPERS, LLC (JAMES L. JEWETT) /PAGE 1
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 User": means and shall refer to Goldcreek Developers, LLC and
Stetson LP, and/or the person who is the developer 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 system presently codified
at Chapter 4 of Title 9 of Meridian City Code, 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 System".
2.5 "Policy/Regulations": means and shall refer to any City Council enacted
policy and/or regulation of its sewer system.
2.6 "Sewer System": means and shall refer to the City's sewer 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 HOOKUP SERVICE:
The developer proposes to install a private pressurized sewage collection system
with individual lot grinder pumps to pump the sewage to the sewer main that the City installed in
North Locust Grove Road. To improve the flow, the developer is proposing to tie the upstream
end of these services into a concrete junction structure with temporary plugs into the gravity
AGREEMENT FOR HOOKUP TO THE CITY OF
MERIDIAN`S SEWER SYSTEM OUTSIDE THE CITY LIMITS
GOLDCREEK DEVELOPERS, LLC (JAMES L. JEWETT) /PAGE 2
service line until they can be connected to the future sewer main scheduled for Jericho Road. For
the time being, waste water would flow from the house into the junction structure and exit down
a secondary gravity line which would then drain to an adjacent wet-well structure with a grinder
pump. The waste water would then be forced through pressure sewer main running down the
back of the residential lots. This pressure main would manifold waste water from the five
residential lots drain into the sanitary sewer main located in Locust Grove Road.
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:
1. The "Sewer User" shall be responsible for constructing the sewer service
extensions from each residential home to Jericho Road, which shall tie
into the future extension of a sewer line to this area.
2. The "Sewer User" offers, to the City of Meridian, a well site upon the
property at a fair market value, to be determined by an appraiser, less a
donation to the City by Goldcreek Developers, LLC, so that the net cost to
the City will be $20,000.00.
3. The "Sewer User" shall enter into a Water and Sewer Service Agreement
with the City of Meridian for the 5-acre future commercial lot, located in
the northwest area of the property, and shall additionally work out the
details of the Agreement with the Public Works Department. Additionally
until gravity sewer service is available, the 5-acre future commercial lot
shall be allowed to build only uses which are presently allowed in the
current Ada County Zoning.
4. The "Sewer User" shall provide a Consent to Annexation Agreement for
each of the five residential building lots of Westborough Subdivision. The
Consent Agreement shall inform any potential buyer of a residential
building lot that when the subdivision becomes contiguous to the City of
Meridian city limits, and the City extends its sanitary sewer and domestic
water to the property, that the five residential building lots will be annexed
into the City of Meridian.
5. The "Sewer User" shall be required to supply an R.E. 22 Purchase & Sales
Agreement For Pre-Sold New Construction form and an RE-25 Seller's
Property Disclosure Form whenever a residential building lot is sold to
inform the prospective buyer that the lot will have to be annexed into the
City of Meridian when the City becomes contiguous to, and, when the City
extends its sewer and water service to the property. Additionally, if the
building lot is sold without a licensed realtor, then and in that case, the
Consent To Annexation Agreement, which would have been recorded
AGREEMENT FOR HOOKUP TO THE CITY OF
MERIDIAN`S SEWER SYSTEM OUTSIDE THE CITY LIMITS
GOLDCREEK DEVELOPERS, LLC (JAMES L. JEWETT) /PAGE 3
against the properly, would then tie the property into annexation into the
City of Meridian, and to connect to the sewer and water service when it
becomes available.
6. Westborough shall submit engineering plans for the pressure sewer
discharge into the public sewer main.
7. Westborough shall pay a sewer assessment fee for each of the five
residential lots and the five acre commercial lot prior to Ada County
issuing a building permit for each lot. Westborough shall also execute
Non-Build and Non-Occupancy Agreements, similar to those agreements
executed for the Vienna Woods Subdivision.
8. Westborough shall deposit with the City of Meridian, $7605.00 as its 50%
of the estimated cost for constructing aneight-inch diameter sewer main,
with manholes, and service lines to each of their five lots, from the south
end of Jericho Road to a point approximately 860 feet north.
Westborough shall provide the construction cost estimate to the Public
Works Department for review and approval. This deposit shall be
submitted to Public Works prior to release of the Non-Build Agreement.
9. Westborough shall submit a statement to the City as to how the private
sewage collection and pumping system shall be operated and maintained.
It is important that future residents of these lots know someone other than
the City is responsible for their system maintenance even though they will
be receiving a monthly billing from the City for sewer service.
10. Westborough shall submit evidence of approval of this pressurized sewage
collection and pumping system from the appropriate agency having
jurisdiction.
11. The water connection shall be required when the water line has been
extended to the property.
12. Future Water Connection: Upon transfer of this property to any other
person, or upon change in use of the real property, the owner, their
successors or assigns, shall at their expense make connection to the City
water system and pay all fees associated therewith. Failure to make the
water connection will be grounds for discontinuance of City sewer service.
AGREEMENT FOR HOOKUP TO THE CITY OF
MERIDIAN`S SEWER SYSTEM OUTSIDE THE CITY LIMITS
GOLDCREEK DEVELOPERS, LLC (JAMES L. JEWETT) /PAGE 4
5. CONDITIONS AND REQUIREMENTS OF SEWER USER FOR THE
HOOKUP OF THE SEWER LINE TO THE REAL PROPERTY:
The physical hookup and assessment costs relative to the "Sewer System"
connection shall be the responsibility of the "Sewer User", pertaining to the future permanent
hookup.
6. ORDINANCE APPLICATION:
The "Ordinance" and "Policy/Regulations" apply to the sewer 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.
7. ANNEXATION:
The "Sewer User" is required to immediately submit an application for annexation
of the "Real Property", which is a condition precedent to the "Sewer User's" eligibility for the
"Real Property" sewer service connection fee within the City limit rates. The "Sewer User"
herein gives irrevocable 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 LC. §
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 User" cost, and submit proof of such recording to "Sewer
User".
10. DEFAULT:
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
AGREEMENT FOR HOOKUP TO THE CITY OF
MERIDIAN`S SEWER SYSTEM OUTSIDE THE CITY LIMITS
GOLDCREEK DEVELOPERS, LLC (JAMES L. JEWETT) /PAGE 5
by either "City" or "Sewer 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,
termination of sewer 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 parry shall then have thirty (30) days after delivery of notice of
default to correct the same before the non-defaulting parry may seek any
remedy provided for herein.
11.3 In the event the performance of any covenant to be performed hereunder
by either "Sewer 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 Meridian City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, Idaho 83642
PROPERTY OWNER:
Goldcreek Developers, LLC
Stetson Properties, LP
6223 N. Discovery Way
Boise, Idaho 83713
with copy to:
City Clerk
City of Meridian
33 E. Idaho Ave.
Meridian, Idaho 83642
DEVELOPER:
Goldcreek Developers, LLC
James L. Jewett
6223 N. Discovery Way
Boise, Idaho 83713
12.2 A parry 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.
AGREEMENT FOR HOOKUP TO THE CITY OF
MERIDIAN`S SEWER SYSTEM OUTSIDE THE CITY LIMITS
GOLDCREEK DEVELOPERS, LLC (JAMES L. JEWETT) /PAGE 6
13. ATTORNEY FEES:
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 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
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 therefrom 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 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 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. EFFECTIVE DATE:
AGREEMENT FOR HOOKUP TO THE CITY OF
MERIDIAN`S SEWER SYSTEM OUTSIDE THE CITY LIMITS
GOLDCREEK DEVELOPERS, LLC (JAMES L. JEWETT) /PAGE 7
This Agreement shall be effective at such time as both parties have executed this
Agreement.
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and
made it effective as hereinabove provided.
PROPERTY OWNER
i-~~/
Stetson Properties LP by;
Eck Properties LLC by;
Tim W Eck, Member
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CITY OF MERIDIAN
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AGREEMENT FOR HOOKUP TO THE CITY OF
MERIDIAN`S SEWER SYSTEM OUTSIDE THE CITY LIMITS
GOLDCREEK DEVELOPERS, LLC (JAMES L. JEWETT) /PAGE 8
Robert R Bass, President
STATE OF IDAHO, )
. ss.
County of Ada )
On this ~~-' day of , in the year 2004, before me, a
Notary Public, personally appeared Tim W ck, on behalf of the Stetson Properties LP, known or
identified to me to be the person who executed the instrument, and acknowledged to me that he
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.
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STATE OF IDAHO, )
County of Ada
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Notary Publi for Idaho
Residing at:
My Commission Expires: ~d
On this ~ day of , in the year 2004, before me, a
Notary Public, personally appeared James L. Jewett, Goldcreek Developers, LLC, known or
identified to me to be the person who executed the instrument on behalf of said Goldcreek
Developers, LLC, and acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal, the day and y;a.~~~q,~jS~ certificate first above written.
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STATE OF IDAHO, )
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County of Ada )
AGREEMENT FOR HOOKUP TO THE CITY OF
MERIDIAN`S SEWER SYSTEM OUTSIDE THE CITY LIMITS
GOLDCREEK DEVELOPERS, LLC (JAMES L. JEWETT) /PAGE 9
On this ~~'' day of ,` , in the year 2004, before me, a
Notary Public, personally appeared Robert R Bass President, Dividend Development Inc., known
or identified to me to be the person who executed the instrument on behalf of said Goldcreek
Developers, LLC, and acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal, the day ~d•Xaax}n this certificate first above written.
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STATE OF IDAHO, )
County of Ada
ss.
On this ,~~s~day of ~ I'~~ , in the year 2004, before me, a
Notary Public, personally appeared TAMMY e WEERD and WILLIAM 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 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.
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Z:\Work\M\Meridian\Meridian 15360M\Westborough Sub Sewer Hookup Outside City Limits\SewerHookupAgmt.doc
AGREEMENT FOR HOOKUP TO THE CITY OF
MERIDIAN`S SEWER SYSTEM OUTSIDE THE CITY LIMITS
GOLDCREEK DEVELOPERS, LLC (JAMES L. JEWETT) /PAGE 10