HomeMy WebLinkAboutAgreement for Extension of Domestic Water and Sewer Outside City Limits with Richard and Kimberley Boyacks 4270 E. Overland Rd.
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AGREEMENT FOR EXTENSION OF DOMESTIC WATER AND SEWER SERVICE ~ _ ~
OUTSIDE MERIDIAN CITY LINIITS: 4270 EAST OVERLAND ROAD ~ . ~
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This AGREEMENT FOR EXTENSION OF DO. ,~VIESTIC WATER AND SEWER SERVICE 4 ~
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OUTSIDE MERIDIAN CITY LINIITS is made this ~- day of January, 2010, by and between the ~'"
City of Meridian, a municipal corporation organized under the laws of the State of Idaho, whose address is °
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33 East Broadway Avenue, Meridian, Idaho (hereinafter "City"), and Richazd D. and Kimberly Boyack, _
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whose address is 4270 E. Overland Road (hereinafter "Boyacks") (collectively, "Pazties"). _
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WHEREAS, Boyacks aze the sole owners, in law and equity, of pazcel number 87555000015, o d
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located at 4270 East Overland Road, Ada County, Idaho, as described in Exhibit A hereto (hereinafter 0
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"Subject Property"), which real property is located outside of Meridian City limits; ...
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WHEREAS, the City is authorized by Idaho Code section 50-323 to, inter alia, develop, operate, ~~N ~ L}'
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and maintain a domestic water supply, and to protect the same from contamination, and the City does ~ W ~ ° .o
exercise such authority, including by the adoption and enforcement of Title 9, Chapters 1 and 4, Meridian ~ m o
City Code;
WHEREAS, in the summer of 2007, the Ada County Highway District widened Overland Road,
and as a result, the septic system at Subject Property was removed, requiring the Boyacks to hook up their
residence at the Subject Property to the City sewer system, at which time the City likewise required water
hookup, for metering and billing purposes;
WHEREAS, at that time the Parties entered into an "Agreement for Hookup to the City of
Meridian's Sewer/Water System Outside the City Limits," which Agreement was duly executed on
August 10, 2007 (hereinafter "August 10, 2007 Agreement," attached hereto as Exhibit B exclusively for
reference and not for the purpose of incorporating such terms herein), and recorded against the subject
property at 4270 E. Overland Road;
WHEREAS, because of the Boyacks' location at the farthest eastern end of the City's water
system on Overland Road, and resultant low water flow at such location, in the Boyacks' opinion, the
domestic water supplied to the Boyacks' property by the City's water system under the August 10, 2007
Agreement was less desirable than that previously delivered by the private well, and the Boyacks
disconnected the City water line serving their property and reconnected their private water well;
WHEREAS, because the City bills for both sewer and water usage using a formula based on
metered water usage, the disconnection of the City's water line and meter left the City without a
mechanism to calculate the Boyacks' sewer usage, and also created a potentially unsafe cross-connection
between an unmonitored water source and the public water system until it was locked off by the Public
Works Department;
WHEREAS, the Public Works Department fords that in order to deliver water from the City's
water supply compazable to water from the private water well, the City would need to flush the water line
serving the Boyacks' property on a regulaz basis, a potentially time-consuming, water intensive, and
expensive endeavor;
WHEREAS, duly authorized representatives of City and the Boyacks met personally on
AGREEMENT' WITH BOYACKS FOR EXTENSION OF DOMESTIC WATER
AND SEWER SERVICE OUTSIDE MERIDIAN CrrY LIMITS PAGE 1 OF 7
November 2, 2009 to discuss these issues and did come to a mutually beneficial agreement for the City's
future delivery of water and sewer services and the Boyacks' future usage thereof; and
WHEREAS, the Parties intend that this Agreement, upon its execution and recording, shall
supersede the August 10, 2007 Agreement;
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which
is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein
contained, and in consideration of the recitals above, which are incorporated herein, the Parties agree as
follows:
I. DEFINITIONS.
For purposes of this Agreement, the following words, terms, and phrases shall be defined and interpreted
as provided herein, unless the clear context of the presentation of same requires otherwise:
A. "Agreement" shall mean the instant Agreement for Extension of Domestic Water and Sewer
Service Outside Meridian City Limits.
B. "August 10, 2007 Agreement" shall mean the Agreement for Hookup to the City of Meridian's
Sewer/Water System Outside the City Limits, duly executed by the Parties on August 10, 2007;
attached hereto as Exhibit B exclusively for reference and not for the purpose of incorporating such
terms herein; and superseded by this Agreement.
C. "Boyacks" shall mean Richard D. and Kimberly Boyack, the sole owners in law and equity of
Subject Property as of the Effective Date of this Agreement, whose address is 4270 E. Overland
Road, County of Ada, State of Idaho.
D. "City" shall mean the City of Meridian, a municipal corporation organized under the laws of the
State of Idaho, whose address is 33 East Broadway Avenue, City of Meridian, County of Ada,
State of Idaho.
E. "Parties" shall mean, collectively, City and Boyacks.
F. "Subject Property" shall mean parcel number 87555000015, located at 4270 East Overland Road,
Ada County, Idaho which, as of the Effective Date, has not been annexed into the City of Meridian
and is therefore outside of Meridian City limits.
G. "Triggering Event," as such term is used herein, shall mean any and all of the following events:
a. Annexation of the Subject Property into the City of Meridian.
b. Sale or lease of the Subject Property or any portion thereof or appurtenance thereupon to
any person or entity other than the Boyacks.
c. Redevelopment or subdivision of the Subject Property by any person or entity.
d. Failure, abandonment, replacement andlor removal of the private water well on Subject
Property or any portion of such well or water source, excepting maintenance and repairs of
the private water well.
AGREEMENT WITH BOYACKS FOR EXTENSION OF DOMESTIC WATER
AND SEWER SERVICE OUTSIDE MERIDIAN CITY LIMITS PAGE 2 OF 7
e. Any verifiable, substantial increase in demand upon City sewer services to or upon the
Subject Property.
II. COMMITMENTS BY CITY.
A. Provision of Services.
1. Sewer Services. At all times relevant hereunder, City shall continue to provide sewer service
to the Subject Property, subject to the terms and conditions of this Agreement and any and all
applicable laws and City ordinances.
2. Water Services. Upon the occurrence of any Triggering Event, City shall hook up and
provide City water service to the Subject Property, and the Boyacks shall disconnect and
discontinue use of the private water well on Subject Property for domestic purposes, except
that the private water well may be utilized for the limited purpose of domestic irrigation. Until
the occurrence of a Triggering Event and/or City water hookup, Boyacks may continue to use
their private water well for domestic water purposes without penalty by City, so long as the use
of such private water well is undertaken lawfully in all respects.
3. Water Quality. The quality of the water provided by the City shall comply with D.E.Q.
standards for safe drinking water. Further, the City will provide service to the Boyacks equal
to that provided for other City residents, which service shall include all reasonable attempts to
resolve aesthetic water quality concerns of which the City is notified.
B. Billing. Unless and until the occurrence of any Triggering Event, City shall bill Boyacks monthly
for sewer usage at the base rate of 4,375 gallons per month, which rate is based on known usage by
the Boyacks at the Subject Property from approximately August 2007 to approximately November
2008. Upon the occurrence of any Triggering Event and the hookup and provision of City water
service to the Subject Property, City shall bill Boyacks, and/or or the successive landowner(s) or
successors in interest, monthly for both sewer and water usage according to the metering,
accounting, and billing system then in place under Meridian City Code and the policies and
practices of the City of Meridian. Notwithstanding any other provision of this Agreement, this
provision shall be binding upon the Boyacks and upon any and all successors in interest of the
Boyacks and/or to the Subject Property, and shall survive, inter alia, the occurrence of any
Triggering Event and/or hookup to City services.
C. Recordation. City shall record this Agreement at City's cost, and shall submit proof of such
recording to Boyacks.
III. COMMITMENTS BY BOYACKS.
A. Payment for City services. At all times relevant hereunder, Boyacks shall pay City all applicable
fees and costs for sewer and/or water services provided, as such are calculated and billed by City
as set forth herein and established by law or City ordinance. The exclusive remedy for disputes,
objections, or appeals regarding such fees and charges shall be hearing before the Board of
Appraisers under the procedure set forth in Meridian City Code. Notwithstanding any other
provision of this Agreement, this provision shall be binding upon the Boyacks and upon any and
AGREEMENT WITH BOYACKS FOR EXTENSION OF DOMESTIC WATER
AND SEWER SERVICE OUTSIDE MERIDIAN CITY LIMITS PAGE 3 OF 7
all successors in interest of the Boyacks and/or to the Subject Property, and shall survive, inter
alia, the occurrence of any Triggering Event and/or hookup to City water services.
B. No cross-connection. Boyacks shall abide by and comply with any and all applicable provisions
of law, which shall specifically include, but shall not be limited to, compliance with Chapter 3,
Title 9, Meridian City Code and/or any and all similar ordinances subsequently adopted, which
prohibit the installation and/or maintenance of across-connection to the City's water system.
Notwithstanding any other provision of this Agreement, this provision shall be binding upon the
Boyacks and upon any and all successors in interest of the Boyacks and/or to the Subject Property,
and shall survive, inter alia, the occurrence of any Triggering Event and/or hookup to City
services.
C. Effect of Triggering Event.
Until the occurrence of any Triggering Event, Boyacks may continue to maintain and use the
existing private water well at the Subject Property without penalty therefor, so long as all such
maintenance and use is undertaken in full compliance with all applicable laws. Upon the
occurrence of any Triggering Event, Boyacks or their successor(s) in interest shall connect to the
City sewer and/or water systems any and all occupiable buildings then located upon the Subject
Property, including, but not limited to, Boyacks' current residence, whether such buildings are
residential, commercial, or any other classification, and City shall provide sewer and/or water
services to such buildings. Boyacks or their successor(s) in interest shall be responsible for any
and all costs of connecting sewer and/or water service and/or use, and shall pay to City, upon
City's written demand, the fee for reactivating or reinstalling the water meter. As assessment fees
were paid in 2007, no further assessment fees shall be due upon connection following a Triggering
Event. Inspection costs shall be borne by City. Upon connection and provision of City sewer and
water service to the Subject Property, City shall bill Boyacks and/or their successor(s) in interest
for both sewer and water usage according to the metering, accounting, and billing systems and
practices then in place under Meridian City Code and/or the policies and practices of the City of
Meridian, and Boyacks and/or their successor(s) in interest shall pay all fees and costs due and
owing to City. Upon connection and provision of City water service to the Subject Property,
Boyacks and/or the successive landowner(s) shall disconnect and discontinue the use of any and all
private water wells and/or other sources other than the City water system, except that such other
sources may be utilized exclusively for the limited purpose of domestic irrigation.
D. Consent to Annexation. Boyacks specifically agree that, as a specific consideration of City's
willingness to enter into this Agreement, Boyacks shall, and hereby do, provide perpetual consent
to annexation of the Subject Property into the City of Meridian at such time the Subject Property
becomes eligible for same. This provision shall comprise evidence of Boyacks' consent to
annexation and shall be binding upon all subsequent purchasers, heirs, or assigns of the Subject
Property. Notwithstanding any other provision of this Agreement, this provision shall be binding
upon the Boyacks and upon any and all successors in interest of the Boyacks and/or to the Subject
Property, and shall survive, inter alia, the occurrence of any Triggering Event and/or hookup to
City services.
IV. GENERAL PROVISIONS.
A. No warranty. City has not examined, makes no findings regarding, and proclaims no warranty
AGREEMENT WITH BOYACKS FOR EXTENSION OF DOMESTIC WATER
AND SEWER SERVICE OUTSIDE MERIDIAN CITY LIMITS PAGE 4 OF 7
regarding the safety or quality of the water available and/or drawn from the private water well on
the Subject Property or from any water source other than the City water system. Boyacks
specifically acknowledge and agree that use of such private water source presents risks, some of
which are unknown, and do accept and assume any and all such risks. Boyacks release and forever
discharge and hold harmless the City, its agents and employees from all real or possible claims for
damages or other harm to person or property resulting from their use of water from any source
other than the City water system, so long as such damages are not attributable to the tortious
conduct of City's agents or employees, regardless of the manner by which such claim may be
brought. Notwithstanding any other provision of this Agreement, this provision shall be binding
upon the Boyacks and upon any and all successors in interest of the Boyacks and/or to the Subject
Property, and shall survive, inter alia, the occurrence of any Triggering Event and/or hookup to
City services.
B. Default. Any failure to perform the terms and conditions of this Agreement, or any portion
thereof, shall be a default hereunder. In the event of a default, the non-defaulting party may serve
a written Notice of Default upon the defaulting party by the method set forth herein. Except in
case of an imminent or realized threat to the public health, safety, or welfare, the defaulting party
shall have thirty (30) days following delivery of such notice to cure or correct the default before
the non-defaulting party may seek any remedy as provided herein. Notwithstanding any other
provision of this Agreement, this provision shall be binding upon the Parties and upon any and all
successors in interest thereof, and shall survive, inter alia, the occurrence of any Triggering Event
and/or hookup to City services.
C. Enforcement. This Agreement shall be enforceable in any court of competent jurisdiction by
either City or Boyacks, or any respective successor in interest thereof. An action at law or in
equity, as appropriate, shall lie to secure specific performance of any covenant, agreement,
condition, commitment, and/or obligation set forth herein. In addition, remedies available to City
shall include, but shall not be limited to, termination of sewer and/or water service to Boyacks
and/or to any sewer or water user located on the Subject Property.
D. Notices. Any notice desired by the Parties or required by this Agreement shall be deemed
delivered after deposit in the United States Mail, postage prepaid, addressed as follows:
City: City of Meridian
Attn: Public Works Department Director
33 E. Broadway Ave.
Meridian, Idaho 83642
Boyacks: Richard D. and Kimberly Boyack
4270 E. Overland Road
Meridian, Idaho 83642
Either Party may change its address for the purpose of this section by delivering to the other Party
written notification of such change, establishing a new address for noticing purposes, in
accordance with the requirements of this section.
E. Time is of the essence. The Parties acknowledge and agree that time is strictly of the essence with
AGREEMENT WITH BOYACKS FOR EXTENSION OF DOMESTIC WATER
AND SEWER SERVICE OUTSIDE MERIDIAN CITY LIMITS PAGE S OF 7
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 and default hereunder by the
Party so failing to perform.
F. Binding upon successors. Except as otherwise specifically provided herein, this Agreement shall
be binding upon any and all owners of the Subject Property, any and all subsequent owners
thereof, and each and every other person acquiring an interest in the Subject Property. Nothing
herein shall, or shall be construed to, in any way prevent the sale or alienation of the Subject
Property, or any portion thereof, except that any sale or alienation, and including but not limited to
any Triggering Event, shall occur subject to the provisions of this Agreement, and any successive
owner or owners shall be both benefited and bound by the conditions and restrictions herein
expressed.
G. Severability. If any provision of this Agreement is held invalid by a court of competent
jurisdiction, such provision shall be deemed to be exised herefrom and the invalidity thereof shall
not affect any other provision or provisions contained herein.
H. 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 fees as determined by such court. This provision shall be
deemed to be a separate contract between the Parties and shall survive, inter alia, any default,
termination, or forfeiture of this Agreement and the occurrence of any Triggering Event and/or
hookup to City services.
I. Final Agreement. This Agreement sets forth all promises, inducements, agreements, conditions,
and understandings between City and Boyacks relative to the subject matter hereof, and there are
no promises, agreements, conditions, or understandings, either oral or written, express or implied,
between City and Boyacks, other than as are stated herein. Except as otherwise specifically
provided herein, no subsequent alteration, amendment, change, or addition to this Agreement shall
be binding upon the Parties unless set forth in writing and duly executed by both Parties or their
successors in interest. The August 10, 2007 Agreement (attached hereto as Exhibit B exclusively
for reference and not for the purpose of incorporating such terms herein) is hereby specifically
superseded by this Agreement, and upon execution of this Agreement, shall be considered null and
void.
J. Non-waiver. Failure of either Party to promptly enforce the strict performance of any term of this
Agreement shall not constitute a waiver or relinquishment of any Party's right to thereafter enforce
such term, and any right or remedy hereunder may be asserted at any time after either party
becomes entitled to the benefit thereof, notwithstanding delay in enforcement. All rights and
remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy
allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall
not be to the exclusion of any other remedy.
K. Compliance with laws. Throughout the course of this Agreement, the Parties shall comply with
all applicable laws, ordinances, and codes of Federal, State, and local governments. This
Agreement shall be governed by and construed and enforced in accordance with the laws of the
State of Idaho, and the ordinances of the City of Meridian. The City's ordinances appertaining tc
AGREEMENT WITH BOYACKS FOR EXTENSION OF DOMESTIC WATER
AND SEWER SERVICE OUTSIDE MERIDIAN CITY LIMITS PAGE 6 OF 7
the regulation, control, and use of its sewer and water systems, and any prospective amendments to
and/or recodifications thereof, aze specifically and without limitation incorporated into this
Agreement as if set forth fully herein.
L. Advice of attorney. Each party warrants and represents that in executing this Agreement, it has
received independent legal advice from its attorney or the opportunity to seek such advice.
M. Approval Required: This Agreement shall not become effective or binding until approved by the
City Council of the City of Meridian.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this day of
January, 2010.
BOYACKS:
~Richazd D. Boyack ,,,,,,,,,~~,
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STATE OF IDAHO )
ss:
County of ~Q~ )
I HEREBY CERTIFY that on this~~'I" day of Zcal O
before the undersigned, a Notary Public in the State of Idaho, personally
appeared RICHARD D. BOYACK, proven to me to be the person who
executed the said instrument, and acknowledged to me that he executed
the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official^eal, the day and year in this certificate first above written.
~~~ ~~~~
Notary Public Idaho
Residing at 1 6SL ,Idaho
My Commission Expires: 3 ' a 3 ' ! C~
STATE OF IDAHO )
ss:
.. County of )
I HEREBY CERTIFY that on thisp~ day of ~ ~ t7t U
Klmberly B ack before the undersigned, a Notary Public in the State of Idaho,
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"'~' personally appeared KIMBERLY BOYACK, proven to me to be the
' `'ti (`''- % person who executed the said instrument, and acknowledged to me that
,~~,n.
G ,,~ ; ~ -: -._ he executed the same.
_°_ _ •!~ ' ~ `~" ~ ,c „ p ' ~IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
~~"~, r, ; .__, '^ .official^eal, the day and year in this certificate first above written.
,:° '; Notary Pu or Idaho
`,,,~'` ~ d ~ Residing at ~ ,Idaho
~'?~~~•~~~., ~~ •~• My Commission Expires: ~ -r} ~~ 1 t7
CITY OF MERIDIAN: \``\`\`\~`~,,,,,„~~~,,,,~~~~''''/
.~~ ~~s~q~% .
BY: ~ "' .
Tammy de erd, Mayor = Jayeee .Holman, City Clerk
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AGREEMENT WITH BOYACKS FOR EXTENSION (~~ GCG ~ V~A~ ,~ ~® `~~
AND SEWER SERVICE OUTSIDE MERIDIAN CITY L~+jIT~®v~Y1;,`0~~~~°\ PAGE 7 OF 7
ExxiBiT A
DESCRIPTION OF SUBJECT PROPERTY
Page 1 of 1
Parcel no. 87555000015 - 4270 E. Overland Rd.
55`_~kkY~~
fi l`_}`.ftif x'15
M1~4Q
RT53Y:t6D'312
ti
THIS MAP NOT INTENDED FOR NAVIGATIONAL USE
http://66.192.184.147/imf/imfPrintMap.jsp?title=Parcel no. 87555000015 - 4270 E. Overl... 1/22/2010
Ada County Assessor
... ~ ....
Property Details for Parcel 87555000015 and Year 2009
Back to Parcel Search
Parcel: 87555000015
Year: 2009
Zone Code: R1
Total Acres: 1.818
Tax Code Area: 241
Property Description:
PAR #0015 LOT O1
BLK O1 EXC R/W
ROLLING HILL SUB
#0010-B
Address: 4270 E OVERLAND RD MERIDIAN ID 83642
Subdivision: ROLLING HILL SUB
Land Group Type: SUB
Toxnship/Range/Section: 3N1E16
Valuation Details
Role SCC
Primary 1150 RES SUB LOT
,Primary ;370 RES IMPROVEMENT
Valuation History
Year Value
2009 $190,800
2008 $233,900
2007 $233,500
2006 $209,800
Assessed Valuation
Acresgei Code Area':.
~ Value Method
1.818 ,$110,600 `MARKET 241
0.0 $80,200 .COST 241
Tax Districts
Tax ~-^.~
n ~ ~ ~
' Levy Descriptio Phone
District
1 0.002634391 ADA COUNTY 208-287-7000
2
~_ ~_. 0.000141054
~m......» PEST EXTERMINATION
»...,.~_W.._ .,~.._e.,r .. ...,.~ ..,., ._ 208-577-4696
_ »_. . ., _.
j3
.~ 0.0001273
~ ~ ~ EMERGENCY MEDICAL
.. ,~e ~ , ~.. 208 287-2950
6 0.001023202 ADA COUNTY HIGHWAY DIST 208-387-6120
8 0.003519248 SCHOOL DISTRICT N0. 2 208-855-9500
12 0.000562081 MERIDIAN LIBRARY
~. _ .w_ .-_ -. _ __ 208-888-9451
. .. .. .__
24 0.000038516 MERIDIAN CEMETERY 208 888-5133
130 0.002399998 MERIDIAN FIRE
_.... w ~.... _... 208-888-1234
_.. _ ._
43
~ 0.000029491 MOSQUITO ABATEMENT 208-577-4646
46 0,000083336 WESTERN ADA RECREATION 208-887-1730
100 0.000133257 COLLEGE OF WESTERN IDAHO 208-562-2113
Total Levy: 0.0106868739 99999999
Taxes, Certifications, and Feea
Year Total Taxes Taxes Paid Taxes Due Delinquent Tax Data
Current as of
Page 1 of 2
http://www.adacountyassessor.org/propsys/PrintParcel.do?yearParce1=200987555000015 1 /22/2010
Ada County Assessor
2009 '51,019.50 ';.$509.75
2008 91,309.74 ,$1,309.74
2007 51,373.58 51,373.58
:'2006 ':51,391.22 51,391.22
Characteristics
band
Residential
5509.75 No ;01/21/2010
$0.00 No '01/21/2010
$0.00 No 01/21/2010
__. __ -
$0.00 No ;01/21/2010
Page 2 of 2
http://www.adacountyassessor.org/propsys/PrintParcel.do?yearParce1=200987555000015 1 /22/2010
ExxiBiT B
"AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN' S
SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS"
AUGUST I ~, 2007
ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 I
BOISE IDAHO 08!31107 11:08 AM
RECORDED nREOUEST OF III IIIIIIIIIIIIIIIIIIIIIIIIIIIII II III
Meridian City 107123291
AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/WATER
SYSTEM OUTSIDE THE CITY LIMITS
4270 E Overland Rd
THIS AGREEMENT is made and entered into this ~ day of ,
20Q~ , by and between CITY OF MERIDIAN, a Municipal corporation of the Sta of
Idaho, hereinafter referred to as "CITY", and Richard D Boyack , as hereinafter defined and
hereinafter referred to as "SEWER/WATER USER".
1. RECITALS:
1.1 WHEREAS, "Sewer/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 Sewer/Water systems; and
1.3 WHEREAS, "City" operates and maintains and develops asSewer/Water
system; and
1.4 WHEREAS, the "City" has enacted an ordinance governing its
Sewer/Water system codified in Meridian City Code § 9-4-26 and 9-1-16;
and
1.5 WHEREAS, the "Sewer/Water 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/Water User" is desirous of obtaining connection
to the SewerlWater to serve the "Real Property" and the "City" is willing
to provide that connection to the Sewer/Water service to the "Sewer/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 Sewer/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" into the "City".
AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S
SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS - ~
Page_,.,.__p~
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/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 Sewer/Water system presently
at Meridian City Code § 9-4-26 and 9-1-16, and this defmition 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/Water System".
2.5 "Policy/Regulations": 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 THEREFORE, in consideration of the covenants and conditions set forth
herein, the parties agree as follows:
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/WATER HOOKUP SERVICE:
The "City" agrees to authorize a connection to the "Sewer/Water System" to
service the "Real Property" subject to the terms and conditions of this Agreement.
AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S
SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS - 2
Pawn of
5. CONDITIONS AND REQUIREMENTS OF SEWER/WATER USER FOR
THE 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/Water User".
6. ORDINANCE APPLICATION:
The "Ordinance" and "Policy/Regulations" apply to the Sewer/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 "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" asare 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/Water User" cost, and submit proof of such recording to
"Sewer/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
AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S
SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS ~~3 _~
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, termination of SewerlWater 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.
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 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 Public Works Director
City of Meridian
660 E. Watertower, Suite #200
Meridian, Idaho 83642
PROPERTY OWNER:
* Richard D Boyack
* 4270 E Overland Rd
* Meridian ID 83642
with copy to:
City Clerk
City of Meridian
33 E. Idaho 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.
AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S
SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS - 4
P~~ of
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 be a sepazate 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/Water User" and "City" relative to the subject matter hereof, and
there aze no promises, agreements, conditions or understanding, either oral or written, express or
implied, between "Sewer/Water User" and "City", other than as aze 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
SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS - 5
PaB~_
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.
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and
made it effective as hereinabove provided.
Property Owner
Name: Richard D B, ack
CITY OF MERIDIAN
ATTEST:
e~
WILLIAM G. BERG, JR.,
APPROVED BY COUNCIL ON
By:
~,,,~~~~~~~~~~~YOR MY DE WEERD
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AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S
SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS P~Q- 6 _ ~ ~j
STATE OF IDAHO, )
County of Ada)
. ss.
On this ~ day of ~~ , in the year 2Q~, before me,
the undersigned, a Notary Public, personally app •ed,_Richard D Boyack_, known or
identified to me to be the property owner, who executed the instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal, the day and~rci-~'i$~~~ ificate first above written.
(SEAL) :• %O'T~p`•~'•: : , ~ ~\ ~
~ Notary Public fo Idaho
Residing a • ~....
} : My Commission Expires: -
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STATE OF IDAI~C) • ~ •••
. ss.
County of Ada )
On this ~ day of ~,~~~~,~ ~`t , in the year 20 ~' ~ before me,
the undersigned, a Notary Public, personally appeared TAMMY DE 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.
(SEAL) : ••• ~ ~ ~~••
TA.~p ,,?,;•
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.;~+ OF Tp••
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.:>'~ ~t.,l ~}?~~ 72.E ~~~
Notary Public for Idaho
Residing at: ~~ "1'1.{. I,hc •~c~'
My Commission Expires: /C ~-/S-/~
AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S
SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS - ~
PaB~e~_,IC~~
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