HomeMy WebLinkAboutLift Station Maintenance Agreement with Whitestone Development Co. for Whitestone EstatesLIFT STATION MAINTENANCE
AGREEMENT
This Agreement is entered into this 21st day of August , 1997, by and between
the City of Meridian hereinafter "Meridian" and Whitestone Development Company, L.L.C.
hereinafter "Whitestone".
WHEREAS, Whitestone has made application to Meridian to rezone and annex that
certain pazcel of real estate to be known as Whitestone Estates Subdivision, and to develop
that subdivision as more particulazly described on its initial application; and,
WHEREAS, Meridian has granted Whitestone's Application subject to all of the terms
and conditions of a Developer's Agreement entered into on August 20, 1996 and,
WHEREAS, one specific condition of the Developer's Agreement requires Whitestone to
install a sewage lift station in order to properly move sewage from a collection point in the
subdivision to connect to the Ten Mile Creek Interceptor of the Meridian Sewer System,
which sewage 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 same with other lift stations at other lift stations at other projects
and subdivisions; and will agree to do the same for Whitstone for a fee equivalent to its costs
and expenses; and,
WHEREAS, Whitestone intends to form anon-profit corporate homeowners association
to be known as Whitestone Homeowners Association, Inc. (hereinafter the "Association") and
that association will pay Meridian's fees for monitoring, repairing, and maintaining this lift
station after construction by Whitestone and assignment of this Lift Station Maintenance
Agreement thereto;
NOW THEREFORE in consideration of the mutual benefits, the parties agree as
follows:
1. Scope of Meridian's duties: Meridian shall provide the following periodic
maintenance services to the Whitestone lift station:
A. Daily operations monitoring.
B. Periodic line maintenance in accord with City's normal schedule.
C. Emergency response to telemetry relayed breakdown messages.
D. In the event routine repairs exceeding $100.00 are needed, Meridian shall
notify Whitestone who shall then make or contract for the repairs at
Whitestone's separate cost.
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E. In the event emergency repairs aze necessary, Meridian shall cause those
repairs to be made at Whitestone's expense. Cost for emergency repairs
shall be based on tune and materials in correcting the problem. Time will
be at the rate of $31.50/hour for two (2) personnel or at the then published
hourly rate for services by Meridian wastewater maintenance personnel during
regulaz hours (8:00 a.m. - 5:00 p.m. Monday -Friday) and $49.50/hour (2
employees) for non-regulaz hours, or at the then published rate for non-
regulaz hours. A service vehicle rate is chazged at $15.00 per hour in
addition to the personnel charge.
NOTE: Emergency repair call-outs require the use of two (2) employees for
safety purposes.
F. These rates aze subject to periodic negotiation not more frequently than once
per year or, if the parties agree, the rates may be negotiated by mutual
agreement at any time.
2. Scope of Whitestone duties:
A. In addition to beazing the cost of installing the sewage lift station,
Whitestone 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. Whitestone shall pay all utility costs incurred in operating the lift station
including water, power and telephone.
C. Whitestone shall pay to Meridian routine maintenance chazges as follows:
• initially, one visit per day lift station monitoring at $245.00/month,
At a future time in the development of this 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 aze
required, the monthly maintenance chazge shall increase to
$340.00/month.
• periodic line cleaning at $135.00 per cleaning as necessary or in
accord with City's normal cleaning schedule.
These rates aze subject to periodic negotiation not more frequently than once per
yeaz or if the parties agree the rates may be negotiated by mutual agreement at
any time.
3. Whitestone shall indemnify and hold Meridian harmless from any and all losses,
claims, actions, judgments for damages or injury to persons or property and losses
and expenses caused by or arising from operations and maintenance of the lift
station and not caused by the negligent conduct of Meridian or its employees.
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4. All sums of money due Meridian shall be paid within thirty (30) calendar days of
the date of invoice.
5. This agreement may be terminated by either party upon sixty (60) days written
notice.
6. 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, then the lift station may be
abandoned and all of the equipment shall belong entirely to Whitestone or its
assignee.
7. The duties and rights of Whitestone may be assigned by Whitestone to the
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Name
STATE OF IDAHO, )
ss.
County of Ada, )
r
On this 1~ day of v,,e u, ~ 19.3, before me, the undersigned, a
Notary Public in and for the State Idaho, personally appeared, r w \ eel and
~,u a e r known or identified to me to be the ~ ~ e tpf
Whitestone evelopment Co., L.L.C. and who subscribed their names to the within in trument
and acknowledged:'`to me that they executed the same for said Whitestone Development Co.,
L.L.C .
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IN_, V~~S~ :, .WHEREOF, I have hereunto set my hand and affixed my official seal
th~~4d~y, ~nd(jy~ar first above written.
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~ ~ Notary Public for Idaho
~'`, ~ ~ ~ ~- ~ ,~ ~ Residing at ~o~ ~ S Q.
~'/~ ~' ;~ ~. \~' _ p My Commission Expires ~~ 15 Q
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Robert D. Come
Name
Attest:
Signature
William G. Berg, Jr
Name
STATE OF IDAHO, )
SS.
Countyt of Ada, )
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~~~~Nir+a rtis~~~~~
On this ~tday of df 19 ~, before me, the undersigned,
a Notary Public in and for the State Idaho, personally appeared, mob er-{- D . Corr e and
1~t1 ~ 111 a ry- G, L3 e rri , Jr, , known or identified to me to be the Mayor and City Clerk
of the City of Meridian and who subscribed their names to the within instrument and
acknowledged to me that they executed the same for said City of Meridian.
IN WITNESS WHEREOF,
the day ~ and year first above writtE
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SEAL ~,, ,~~~~ G E ~ ~q`~
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I have hereunto set my hand and affixed my official seal
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