HomeMy WebLinkAboutLift Station Maintenance Agreement Skyline Development Company, an Idaho Partnership, and L. Marvin and Jean H. Peterson Family Limited Partnership, and W. L. Peterson Family Limited Partnership (hereinafter jointly refereed to as ViennaLift station Maintenance Agreement
This Agreement is entered into this 29 day of November, 2000, by and between the
CITY OF MERIDIAN (hereinafter "Meridian") and Skyline Development Company, an Idaho
Limited Partnership, and L. Marvin and Jean H. Peterson Family Limited Partnership, and W. L.
Peterson Family Limited Partnership (hereinafter jointly refereed to as "Vienna Woods")
WITNESSETH
WHEREAS, Vienna Woods has received Meridian approval to develop that certain parcel of real
estate to be known as Vienna Woods Subdivision and to develop that subdivision as more
particularly described on its application; and,
WHEREAS, one specific condition of Meridian's approval requires Vienna Woods to install a
sewage lift station in order to properly move sewage from a collection point in the subdivision to
connect to an existing eight (8) inch diameter sewer 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 Vienna Woods for a fee equivalent to its costs and expenses; and,
WHEREAS, Vienna Woods intends to form anon-profit corporate homeowners association to be
known as Vienna Woods Owners Association, Inc. (hereinafter the "Association") and said
association will pay Meridian's fees for monitoring, repairing, and maintaining this lift station
after construction by Vienna Woods and assignment of this Lift Station Maintenance Agreement
thereto and, if assignment is not made, Vienna Woods shall be responsible for Meridian's fees to
monitor, repair, and maintaining this lift station;
NOW, THEREFORE, In consideration of the mutual benefits, the parties agree as follows:
1. The above recitals are contractual and binding.
2. Scope of Meridian's duties: Meridian shall provide the following periodic maintenance
services to the Vienna Woods lift station:
A. Daily operations monitoring.
B. Periodic line maintenance in accord with Meridian's normal 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 Vienna Woods, who shall then make, or contract for, the
repairs at Vienna Woods' separate cost.
E. In the event emergency repairs are necessary, Meridian shall cause those repairs to be
made at Vienna Woods' 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 personnel 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) personnel 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 personnel 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 maybe negotiated by mutual agreement at any time.
Scope of Vienna Woods duties:
A. In addition to bearing the cost of installing the sewage lift station, Vienna Woods shall
install. an alarm 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 1.
B. Vienna Woods shall pay all utility costs incurred in operating the lift station, including
water, power and telephone.
C. Vienna Woods SHALL PAY TO Meridian routine maintenance charges as follows:
i. Initially, one visit per day lift station monitoring at Two Hundred Forty Five Dollars
and No Cents ($245.00) per month. At a future time in the development of the
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 are required, the monthly
maintenance charge shall increase to Three Hundred Forty Dollars and No Cents
($340.00) per month.
ii. Periodic line cleaning at One Hundred Thirty Five Dollars and No Cents ($135.00)
per cleaning, as necessary or in accord with Meridian's normal cleaning schedule.
These rates are subject to periodic negotiation not more frequently than once per year, or, if
the parties agree, the rates maybe negotiated by mutual agreement at any time.
4. Vienna Woods shall indemnify and hold Meridian harmless from any and all losses, claims,
actions, judgements 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 days (30) calendar days of the
date of invoice.
6. This agreement may be terminated 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, the lift station may be abandoned and all of the
equipment shall belong entirely to Vienna Woods or its assignee.
8. The duties and rights of Vienna Woods may be assigned by Vienna Woods to the association.
Tucker ohnson, V.P., Sky ' orporation, General Partner of Skyline Development Co.
L. Marvin Peterson, Peterson Family Limited Partnership, General Partner
J H. Peterson, Peterson Family Limited Partnership, General Partner
~~
Wayne L. P erson, General Partner, W.L. Peterson Family Limited Partnership
STATE OF IDAHO )
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County of Ada )
On this ~ L~ day of /t/(J ~e~- ~~ , 2000, before me the
undersigned, a Notary Public in and for said State; personally appeared Tucker Johnson,
known or identified to me to be Vice President, of Skyline Corporation, the General
Partner of Skyline Development Company, and to be the person whose name is attached
to the foregoing instrument and acknowledged to me that said corporation executed the
same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
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STATE OF IDAHO )
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County of Ada )
Notary Public For Idaho /~ _~ `~_~
Residing at: I S P~ ~~-C~~ ~
Commission Expires: .3 -3/- Za4
On this o? 9 ~ day of ~trr~~ , 2000, before me the
undersigned, a Notary Public in and for said State, personally appeared L. Marvin
Peterson and Jean H. Peterson, known or identified to me to be General Partners, of
Peterson Family Limited Partnership, and to be the persons whose names are attached to
the foregoing instrument and acknowledged to me that said corporation executed the
same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day anc~ year first above written.
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ti;~~ NOTAI~y ~`~oZ ~ Notary P is For Idaho
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STATE OF IDAHO )
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County of Ada )
On this o2q ~' day of X~ov~,,,~4( , 2000, before me the
undersigned, a Notary Public in and for said State, personally appeared Wayne L.
Peterson, known or identified to me to be General Partner, of W.L. Peterson Family
Limited Partnership, and to be the person whose name is attached to the foregoing
instrument and acknowledged to me that said corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
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