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AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S
SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS
THIS AGREEMENT is made and entered into this ~~day of
~~1C%M~L2, 2000, by and between CITY OF MERIDIAN, a Municipal
corporation of the State of Idaho, hereinafter referred to as "CITY", and JERALD S.
FRANK AND JANE E. FRANK, husband and wife, 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 §SO-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 as
Sewer/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
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 Sewer/Water 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"
AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN`S
SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS
-1
"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" 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/Water User": means and shall refer to Jerald S. Frank
and Jane E. Frank, husband and wife, 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 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 "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:
AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN`S
SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS - 2
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/WATER HOOKUP SERVICE:
The "City" agrees to provide a connection to the "Sewer/Water System"
to service the "Real Property" subject to the terms and conditions of this Agreement.
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. § SO-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:
AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN`S
SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS - 3
"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 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 Sewer/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.
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:
AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN`S
SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS - 4
CITY:
c1o Meridian City Engineer
City of Meridian
200 E. Carlton, Suite # 101
Meridian, Idaho 83642
with copy to:
City Clerk
City of Meridian
33 E. Idaho Ave.
Meridian, Idaho 83642
PROPERTY OWNER:
Jerald S. Frank and Jane E. Frank
2310 S. Locust Grove Rd.
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
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.
1 S. 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
AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN`S
SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS - 5
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 "Sewer/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 "Sewer/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".
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.
AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN`S
SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS - 6
ACIQVOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this
agreement and made it effective as hereinabove provided.
CITY OF MERIDIAN
By: s
MAYOR ROBERT D. CORRIE
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WILLIAM G. BERG, JR., I CLERK rX~, ~,~ ~~r ~~ ~ , "
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AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN`S
SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS - 7
J E E. FRANK
SATE OF IDAHO, )
County of Ada )
On this
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day of
offi~~at s'~~l<;~,kieday and year in this certificate first above written.
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Q~U , in the year 200, before
a Notary Public, personally
appeared Jerald S. Frank and Jane E. Frank, husband and wife, known or identified to
me to be the persons who executed the instrument, and acknowledged to me that
they executed the same.
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~IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
STATE OF IDAHO,
County of Ada
. ss.
On this ~h day of ~~~'~-~--'y ~~1
in the year 2~AA6, before
me, ~~~lovi I.I.G~, ~ ~ i z~ , a Notary Public, personally
appeared ROBERT D. CORRIE 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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AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN`S
SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS
-8
Exhibit "A"
Commencing at a point which is North 89°20' East a distance of 25 feet from the
quarter corner common to Sections 19 and 20, Township 3 North, Range 1'East,
Boise Meridian, Ada County, Idaho, the REAL POINT OF BEGINNING; running
thence
North parallel to the west line of said Section 20, a distance of 353.5 feet; thence
North 89°20' East a distance of 543.0 feet; thence
South parallel with the West line of said section a distance of 353.5 feet;
more or less to a point which bears
North 89°20' East 543.0 feet from the REAL POINT OF BEGINNING; thence
South 89°20' West a distance of 543.0 feet to the REAL POINT OF BEGINNING.
EXCEPT ditch and road rights-of--way.
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