HomeMy WebLinkAboutAgreement Hookup to Sewer Outside City Limits for Marvin EverettADA COUNTY RECORDER J. DAVID NAVARRO a
BOISE IDAH012l02103 09:25 AM
DEPUTY Joanne Hooper
RECORDED-REQUEST OF III IIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIII
MERIDIAN CITY 1 ~319~~~ 1
AMOUNT .00 __
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 I'
20~, by and between. CITY OF MERIDIAN, a Municipal corporation of the State of Idaho,
hereinafter referred to as "CITY", and Marvin L. Everett , as hereinafter defined and hereinafter
referred to as "SEWER USER".
1. RECITALS:
1.1 WHEREAS, "Sewer 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 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 9-1-16; and
1.5 WHEREAS, the "Sewer User" is the owner 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 provide
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/Regulations" 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".
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 the person or entity who Iis the ~ Q
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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, State of Idaho 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 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 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 "Cit}~' agrees to provide a connection to the "Sewer System" to service the
"Real Property" subject to the terms and conditions of this Agreement.
5. CONDITIONS AND REQUIREMENTS OF SEWER USER FOR THE
HOOKUP OF THE SEWER LINE TO THE REAL PROPERTY:
The hookup and assessment costs relative to the "Sewer System" connection shall
be the responsibility of the "Sewer User".
Additionally, the "Sewer User" shall be required to hook up to the City water
service at the time of annexation.
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:
At such time as the real property becomes legally eligible for annexation into the "City", the
"Sewer 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. Provided,
however, that Owner shall not be required to apply for annexation, and pay the required fees for
such application, until October 14, 2008, or until Owner transfers all or part of the property or
enters into an agreement to transfer all or part of the property to any party other than Ada County
Highway District, whichever event occurs first. Future City Councils, in their sole and absolute
discretion, may extend the deadline for annexation for a period not to exceed an additional five
(5) years to October 14, 2013. Any extension must be in writing and must be recorded to be
effective. 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 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 by either "Cit}~' or "Sewer 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 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 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.
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
660 E. Watertower Lane, Suite #200
Meridian, Idaho 83642
with copy to:
City Clerk
City of Meridian
33 E. Idaho Ave.
Meridian, Idaho 83642
13.
PROPERTY OWNER:
Marvin L. Everett
785 S. Locust Grove Road
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.
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 maybe
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 Agreei~nent 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. TERMINATION:
At such time as the "Real Property" is annexed into the City this agreement shall
terminate, except that if any default exists at such time, the agreement shall still be enforceable to
the extent necessary to remedy such default.
19. EFFECTIVE DATE:
Agreement.
This Agreement shall be effective at such time as both parties have executed this
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and
made it effective as hereinabove provided.
Marvin L. Everett
~~o~~-.-
CITY OF MERIDIAN
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de Griec~~+L.
ATTEST: ~~ G `,~~~~T~~ { ~?~,.~ '>.
C ~ L~~~
SEAL --
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WILLIAM G. BERG, JR., I CLE~p Gc~'sr is~ • ~ ~~ ,~~ --
BY RESOLUTION NO. ~' -9 P `~~
Approved by Council: ~~~',"(`(~~ ~~Tn~X~-~
SATE OF IDAHO, )
County of Ada)
. ss.
On '' . 2¢~~~day of ~Gi7~/~~~ , in the year 20®~, before me,
// ~~• ~~l~~f' ~~~7"~ , a Notary Public, personally appeared ,
~v~~~~t~ known or identified to me to be the individual who executed the instrument or the person that
executed the instrument on behalf of said corporation, and acknowledged to me that such
corporation executed the same.
`~~~~,~d~WbT,~ESS WHEREOF, I have hereunt et my hand and affixed my official
seal,. the d~~ear in fl}ys certificate first a en
` ~i O ' i
~SE~~ ~ ~ ~ .z a
~ : ~ v ~ ; Lary Public or aho
- ~~ ~fi ~ Residing at: ~1 ~
p - ~•'r, ~~ ~~ My Commission Expires: J~ ~/
~., IIQ1N\p,, ,~ `.
/,,~~~~~~~ium t~P~~,``,~
STATE OF IDAHO, )
County of Ada
. ss.
IY~I,~ ~rrL.
On this day of /~pV~n.~ , in the year 20 0.~, before me,
~~'l,~.n., w~nt•l~.> , a Notary Public, personally appeared
`'~ and WILLIAM G. BERG, JR., known or identified to me to be the t Grp gds
and C erk~respec iv ly, of the City of Meridian, who executed the instrument or the perso s a
executed the instrument on behalf of said City, and acknowledged to me that such City executed
the same.
~ee--
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) ~~~ 4Y~ C~~~,
....
.••pN S,~. Notary Public for Idaho
~~TA.~~.h~!, ..Residing at: ~~~~
~;~~' ~ `~ My Commission Expires: -28-~
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Page~.~.~--
EXHIBIT "A"
Agreement for Sewer Connection w/ Marvin L. Everett
Subject Property: Ada County Tax Parcel No. 51118142200
785 South Locust Grove Road
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