HomeMy WebLinkAboutGrease Trap Installation Agreement Bruegger's Bagels~~~~~~
N 0 V - 4 1999
in teroffi c e c~~ aF ~~la~~~~
M E M O R A N D U M
To: William G. Berg, Jr.
From: Wm. F. Gigray, III
Subject: GREASE TRAP INSTALLATION AGREEMENT
Date: November 4, 1999
Will:
Pursuant to City Council action taken at their March 16, 1999,
meeting, the Council approved the application for the participation in the grease trap
program with the City of Meridian for Bruegger's Bagels. Therefore, I have
previously sent over the original of the GREASE TRAP INSTALLATION
AGREEMENT, in which you need to obtain Roger Allen's signature as a General
Partner in Avest Limited Parternship. Avest is the owner of the premises where
Bruegger's Bagels is located, therefore they are the ones to sign the agreement.
Additionally, pursuant to recent conversations with Marlc Hansen,
please note that Brutato Enterprises, LLC has been added to the Grease Trap
Installation Agreement, and you will also need to obtain Marlc Hansen's signature.
Please place this matter on the Consent Agenda. I have previously sent
over the Resolution and Certification of the Clerlc, but I am re-sending them to make
sure you are in possession of them, so that the Mayor and yourself may sign the
agreement after the Resolution has been passed.
If you have any further questions please advise.
msp~Z:\Work\M\Meridian 15360M\Bruegger's Bagels\Berg110499.Mem
GREASE TRAP INSTALLATION AGREEMENT
PARTIES: 1. City of Meridian
2. Avest Limited Partnership, Roger Allen: General Partner
3. Brutato Enterprises, LLC, Marlc Hansen, Operating Partner
THIS AGREEMENT is entered into this Z day of N oye~,~ ,
1999, by and among the City of Meridian, a municipal Corporation and government
subdivision of the state of Idaho organized and existing by virtue of law of the State
of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642, hereinafter
referred to as the "City of Meridian", and Avest Limited Partnership, an Idaho
Limited Partnership, Roger Allen: General Partner, whose address is P.O. Box
140075, Boise, Idaho 83714, hereinafter referred to as "Avest", and Brutato
Enterprises, LLC, a Limited Liability Company, Marlc Hansen, Operating Partner,
whose address is 1113 E. Parkcenter Blvd, Boise, Idaho 83706, hereinafter referred to
as "Hansen".
1. TITLE OF AGREEMENT:
1.1 Title: The title of this Agreement is the "Grease Trap Installation
Agreement".
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 "Avest": means and refers to the owner of the property who is AVEST
LIMITED PARTNERSHIP, ROGER ALLEN, GENERAL PARTNER of
AVEST LIMITED PARTNERSHIP, whose address is P.O. Box 140075,
Boise, Idaho 83714.
2.2 "City": means and refers to the City of Meridian, a party to this
Agreement, which is a municipal Corporation and government
subdivision of the state of Idaho, organized and existing by virtue of law
GREASE TRAP INSTALLATION AGREEMENT - 1
of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian,
Idaho 83642.
2.3 "Grease Trap": means and refers to Grease Recovery Unit, Lowe Model
#20, per Meridian Wastewater requirements.
2.4 "Hansen": means and refers to Marlc Hansen the Operating Partner of
Brutato Enterprises for Bruegger's Bagels located at 1890 E. Fairview
Avenue, Meridian, Idaho 83642.
2.5 "Premises": means and refers to the property located at 1890 E.
Fairview Avenue, Meridian, Idaho 83642.
3. RECITALS:
3.1 WHEREAS, the City of Meridian invoked a program to help waste
water users that were conducting a restaurant business to obtain devices
and/or facilities that trapped grease to prevent it from entering into the
City's wastewater system; and
3.2 WHEREAS, the subject program provided the City would pay up to
one-half of the cost of a grease trap system for qualified restaurant
business users; and
3.3 WHEREAS, the subject program ended and the business which is
conducted at the premises qualifies and should have qualified for the
program; and
3.4 WHEREAS, the City is willing to extend the program benefits to
"Hansen" upon the condition that "Hansen" agrees to not remove the
grease trap from the premises for a period of at least two (2) years, and
upon the condition that "Hansen" agrees to maintain the grease trap in
good working order at all times it is in use and required in order to
discharge into the City's wastewater system, which term "Hansen" is
agreeable to for the benefit derived.
4. INCORPORATION OF RECITALS: That the above recitals are terms of the
GREASE TRAP INSTALLATION AGREEMENT - 2
agreement and are contractual and binding and are incorporated herein as if set forth
in full.
NOW THEREFORE, in consideration of the foregoing recitals, considerations
and purposes, the parties covenant and agree as follows:
5. CITY RESPONSIBILITY: The City shall pay to "Hansen" or the Vendor one-
half of the purchase price of the `Grease Trap" upon a proper showing of purchase
and evidence that there is no lien upon the "Grease Trap".
6. HANSEN RESPONSIBILITY AND COVENANTS: That the "Grease Trap"
shall not be removed from the premises for a period of not less than two (2)
years from the date of this agreement, and "Hansen" or any subsequent owner
and/or operator of the premises will maintain the grease trap in good working
order at all times it is in use and required in order for discharge into the City's
wastewater system from the connection that serves the "Premises".
7. General Provisions:
7.1 Binding upon Successors: This Agreement shall be binding upon and
inure to the benefit of the parties' respective heirs, successors, assigns
and personal representatives, and run with the property, 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. "CITY" agrees, upon written request of "OWNER", to
execute appropriate and recordable evidence of termination of this
Agreement if "CITY", in its sole and reasonable discretion, had
determined that "OWNER" has fully performed its obligations under
this Agreement.
7.2 Requirement for Recordation: CITY shall record either a
memorandum of this Agreement or this Agreement, at OWNERS cost,
and submit proof of such recording to OWNER.
GREASE TRAP INSTALLATION AGREEMENT - 3
7.3 Damage: The "City" may disconnect the sewer service to the
"premises" for failure of "Hansen", or his successors in interest, to
comply with this agreement; and
7.4 This Agreement shall be governed and interpreted by the laws of the
State of Idaho; and
7.5 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.
DATED AND SIGNED this ~ ~~ day of /moo ~e%~'-~~' ,
1999.
GREASE TRAP INSTALLATION AGREEMENT - 4
ACKNOWLEDGEMENTS
IN WITNESS WHEREOF, the parties have herein executed this Agreement
and made it effective as herein above provided.
BRUTATO ENTERPRISES, LLC, a Limited
Liability Company
By:
ark a en, Operating Partner
CITY OF MERIDIAN
T-~
By:
or
ATTEST:
By: ~ /
City Clerk
BY COUNCIL RESOLUTION NO:
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GREASE TRAP INSTALLATION AGREEMENT - 5
AVEST LIMITED PARTNERSHIP, an Idaho
STATE OF IDAHO,
. ss.
County of Ada ~ )
5
On this ~ day of ~ U , in the year 1999, before me,
J ~ ~ , a Notary Public, personally appeared ROGER
ALLEN, known or identified to me to be the General Partner of Avest Limited
Partnership, an Idaho Limited Partnership, who executed the above and foregoing
instrument on behalf of said Limited Partnership, and acknowledged to me that the
Limited Partnership executed the same.
S WHEREOF, I have hereunto set my hand and affixed my
;and year in this certificate firs abov~ written.
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:~oTARY
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STATE OF IDAHO,
County of Ada
ss.
Notary Public for
Residing at:~
My Commission
Tres:
On this~ / day of ~~U , in the year 1999, before me,
,/ dSS~'~~~i ~:.,( v~.rJ~J , a Notary Public, personally appeared MARK
HANSEN, known or identified to me to be the Operating Partner of Brutato
Enterprises, LLC, a Limited Liability Company, who executed the above and
foregoing instrument on behalf of said Limited Liability Company, and acknowledged
to me that the Limited Liability Company executed the same.
;N~, „~'~'~NESS WHEREOF, I have hereunto set my hand and affixed my
off;~i~~ .~tly~,4day and year in this certif' ate first above written.
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GREASE T~2AP INSTALLATION AGREEMENT - 6
STATE OF IDAHO,
County of Ada
ss.
,` ~~
On this 7 day of Nu/tw. bt ,~ , in the year 1999, before me,
L1-N~Tg .~. ~V~e-L.-ieJ , a Notary Public, personally
appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known or identified to
me to be the Mayor and Cleric, 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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msg/Z:\Worlc\M\Meridian 15360M\Bruegger's Bagels\GreaseTrapAgmt
GREASE TRAP INSTALLATION AGREEMENT - 7
RESOLUTION NO.
BY:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN,
SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING
THE MAYOR AND CITY CLERK TO SIGN AND ENTER INTO, ON BEHALF
OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED "GREASE TRAP
INSTALLATION AGREEMENT", BY AND BETWEEN THE CITY OF
MERIDIAN, AND AVEST LIMITED PARTNERSHIP, ROGER ALLEN,
GENERAL PARTNER, AND BRUTATO ENTERPRISES, LLC, MARK
HANSEN, OPERATING PARTNER.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF
MERIDIAN, IDAHO:
WHEREAS, it is in the best interests of the City of Meridian to enter into an
agreement with AVEST LIMITED PARTNERSHIP, ROGER ALLEN, GENERAL
PARTNER AND BRUTATO ENTERPRISES, LLC, MARK HANSEN, OPERATING
PARTNER, denoted as "GREASE TRAP INSTALLATION AGREEMENT" a copy of
which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and
authority for which are as set forth in said Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL as follows:
1. The Mayor and Clerk are hereby authorized to enter into and on behalf
of the City of Meridian that certain agreement with AVEST LIMITED
PARTNERSHIP, ROGER ALLEN, GENERAL PARTNER AND BRUTATO
ENTERPRISES, LLC, MARK HANSEN, OPERATING PARTNER, entitled
"GREASE TRAP INSTALLATION AGREEMENT" dated the day of
1999, by and between the City of Meridian and Avest Limited
RESOLUTION OF THE CITY OF MERIDIAN, AUTHORIZING - 1
CERTAIN FINDINGS AND PURPOSES, AUTHORIZING THE
MAYOR AND CITY CLERK TO ENTER INTO AN AGREEMENT
WITH AVEST LIMITED PATNERSHIP, ROGER ALLEN -GENERAL
PARTNER AND BRUTATO ENTERPRISES, LLC, MARK HANSEN-
OPERATING PARTNER
Partnership, Roger Allen, General Partner, and Brutato Enterprises, LLC, Marlc
Hansen, Operating Partner, a copy of which is attached hereto marked as Exhibit "A"
to this Resolution and to bind this City to its terms and conditions.
PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this
day of , 1999.
APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this
day of , 1999.
Mayor
ATTEST:
City Clerk
msg/Z:\Worlc\M\Meridian 15360M\Bruegger's Bagels\Resolution
RESOLUTION OF THE CITY OF MERIDIAN, AUTHORIZING - 2
CERTAIN FINDINGS AND PURPOSES, AUTHORIZING THE
MAYOR AND CITY CLERK TO ENTER INTO AN AGREEMENT
WITH AVEST LIMITED PATNERSHIP, ROGER ALLEN -GENERAL
PARTNER AND BRUTATO ENTERPRISES, LLC, MARK HANSEN-
OPERATING PARTNER
CERTIFICATE OF CLERK
OF
THE CITY OF MERIDIAN
I, the undersigned, do hereby certify:
1. That I am the duly appointed and elected Clerlc of the City of Meridian,
a duly incorporated City operating under the laws of the State of Idaho, with its
principal office at 33 East Idaho, Meridian, Idaho.
2. That as the City Clerlc of this City, I am the custodian of its records and
minutes and do hereby certify that on the day of , 1999, the
following action has been taken and authorized:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN,
SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING
THE MAYOR AND CITY CLERIC TO SIGN AND ENTER INTO, ON BEHALF
OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED "GREASE TRAP
INSTALLATION AGREEMENT", BY AND BETWEEN THE CITY OF
MERIDIAN, AND AVEST LIMITED PARTNERSHIP, ROGER ALLEN,
GENERAL PARTNER, AND BRUTATO ENTERPRISES, LLC, MARK
HANSEN, OPERATING PARTNER.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF
MERIDIAN, IDAHO:
WHEREAS, it is in the best interests of the City of Meridian to enter into an
agreement with AVEST LIMITED PARTNERSHIP, ROGER ALLEN, GENERAL
PARTNER AND BRUTATO ENTERPRISES, LLC, MARK HANSEN, OPERATING
PARTNER, denoted as "GREASE TRAP INSTALLATION AGREEMENT" a copy of
which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and
authority for which are as set forth in said Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL as follows:
CERTIFICATE OF CLERK OF THE
CITY OF MERIDIAN
1. The Mayor and Cleric are hereby authorized to enter into and on behalf
of the City of Meridian that certain agreement with AVEST LIMITED
PARTNERSHIP, ROGER ALLEN, GENERAL PARTNER AND BRUTATO
ENTERPRISES, LLC, MARK HANSEN, OPERATING PARTNER, entitled
"GREASE TRAP INSTALLATION AGREEMENT" dated the day of
1999, by and between the City of Meridian and Avest Limited
Partnership, Roger Allen, General Partner, and Brutato Enterprises, LLC, Marlc
Hansen, Operating Partner, a copy of which is attached hereto marked as Exhibit "A"
to this Resolution and to bind this City to its terms and conditions.
STATE OF IDAHO,
County of Ada,
ss.
WILLIAM G. BERG, JR.
On this day of , in the year 1999, before me,
a Notary Public, appeared
WILLIAM G. BERG, JR., known or identified to me to be the City Cleric of the City
of Meridian, Idaho that executed the said instrument, and acknowledged to me that
he executed the same on behalf of the City of Meridian.
(SEAL)
Notary Public for Idaho
Commission Expires:_
msg\Z:\Work\M\Meridian 15360M\Bruegger's Bagels\CertClerk
CERTIFICATE OF CLERK OF THE
CITY OF MERIDIAN
2