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AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S WATER
SYSTEM OUTSIDE THE CITY LIMITS
THIS AGREEMENT is made and entered into this ~ f day of
~~~~ , 2002, by and between CITY OF MERIDIAN, a Municipal
corporation of the State of Idaho, hereinafter referred to as "CITY", and CHERRY
LANE BAPTIST CHURCH, as hereinafter defined and hereinafter referred to as
"WATER USER".
1. RECITALS:
1.1 WHEREAS, "Water 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 domestic water
systems; and
1.3 WHEREAS, "City" operates and maintains and develops a
domestic water system; and
1.4 WHEREAS, Idaho Code § 50-1030 provides and empowers cities
to acquire by gift or purchase, and to construct, reconstruct,
improve, better or extend domestic water systems within or
without the "City" or partially within and partially without the
"City"; and
1.5 WHEREAS, the "City" has enacted. an ordinance governing its
water system codified in Meridian City Code § 9-1-16; and
1.5 WHEREAS, the "Water User" is the owner of "Real Property"
hereinafter described which is presently located outside of the
city limits of the "City"; and
AGREEMENT FOR HOOKUP TO THE CITY OF
MERIDIAN`S WATER SYSTEM OUTSIDE THE CITY LIMITS
Page - 1 of 9
1.6 WHEREAS, the "Water User" is desirous of obtaining
connection to the water to serve the "Real Property" and the
"City" is willing to provide that connection to the water service to
the "Water 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 water system be included as
terms and conditions of this agreement and that the "Water 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 "Water User": means and shall refer to and/or the person who is
the 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, 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 water
system presently codified at Meridian City Code § 9-4-26, 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 "Water System".
AGREEMENT FOR HOOKUP TO THE CITY OF
MERIDIAN'S WATER SYSTEM OUTSIDE THE CITY LIMITS
Page - 2 of 9
2.5 "Policy/Regulations": means and shall refer to any City Council
enacted policy and/or regulation of its water system.
2.6 "Water System": means and shall refer to the City's 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.
4. PROVISION OF WATER HOOKUP SERVICE:
The "City" agrees to provide a connection to the "Water System" to
service the "Real Property" subject to the terms and conditions of this Agreement.
5. CONDITIONS AND REQUIREMENTS OF WATER USER FOR
THE HOOKUP OF THE WATER LINE TO THE REAL
PROPERTY:
The hookup and assessment costs relative to the "Water System"
connection shall be the responsibility of the "Water User".
6. ORDINANCE APPLICATION:
The "Ordinance" and "Policy/Regulations" apply to the 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.
7. ANNEXATION:
At such time as the real property becomes legally eligible for annexation
into the "City", the "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
AGREEMENT FOR HOOKUP TO THE CITY OF
MERIDIAN`S WATER SYSTEM OUTSIDE THE CITY LIMITS
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amendments or recodification of said statute.
Additionally, the "Water User" shall connect to the City sewer
system when it becomes available to the area. "Water User" also agrees to pay
all sewer connection fees and any other costs involved in connecting to the
City sewer system.
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 "Water User" cost, and submit proof of
such recording to "Water 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 "City" or "Water 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 water 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_party 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.
AGREEMENT FOR HOOKUP TO THE CITY OF
MERIDIAN`S WATER SYSTEM OUTSIDE THE CITY LIMITS
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11.3 In the event the performance of any covenant to be performed
hereunder by either "Water 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
600 E. Watertower, Suite 200
Meridian, Idaho 83642
with copy to:
City Clerlc
City of Meridian
33 E. Idaho Ave.
Meridian, Idaho 83642
PROPERTY OWNER:
Cherry Lane Baptist Church
2150 W. Cherry Lane
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:
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
AGREEMENT FOR HOOKUP TO THE CITY OF
MERIDIAN`S WATER SYSTEM OUTSIDE THE CITY LIMITS
Page - 5 of 9
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 benefitted 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 "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 "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
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".
AGREEMENT FOR HOOKUP TO THE CITY OF
MERIDIAN'S WATER SYSTEM OUTSIDE THE CITY LIMITS
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18. 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.
19. EFFECTIVE DATE:
This Agreement shall be effective at such time as both parties have
executed this Agreement.
ACIQVOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this
agreement and made it effective as hereinabove provided.
Cherry Lane Baptist Church
ATTEST:
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AGREEMENT FOR HOOKUP TO THE CITY OF
MERIDIAN`S WATER SYSTEM OUTSIDE THE CITY LIMITS
Page - 7 of 9
STATE OF IDAHO,
County of Ada
ss.
On this ~ day of ~~- v.~.r- , in the year 2002, before
me, L~~err, ~Jc~sA~-- , a Notary Public, personally
appearec~C-'C-o,r,~,~.~ ~Y1 ~~.~.S~r - -and ('~ , 1~. r ~ F \ ~,..~~ ,
.known or identified t~to be the ~ c-.~S~.R. and
~ -,~~~ ~Q~ ,respectively, of the Cherry Lane Baptist Church, 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.
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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AGREEMENT FOR HOOKUP TO THE CITY OF
MERIDIAN`S WATER SYSTEM OUTSIDE THE CITY LIMITS
Page - 8 of 9
STATE OF IDAHO,
County of Ada
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On his ~ day of ~ Q,V , in the year 2002, before
me, ~ , a Notary Public, personally
appeared ROBERT . CORRIE and WILLIAM G. BERG, JR., known or identified to
me to be the Mayor and Clerlc, 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.
(SEAL)
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Z:\Wodc\M\Meridian\Meridian 15360M\Cherry Lane Baptist Church Connect to City Water Agmt\WateroutsideCityAgmt.doc
AGREEMENT FOR HOOKUP TO THE CITY OF
MERIDIAN`S WATER SYSTEM OUTSIDE THE CITY LIMITS
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