HomeMy WebLinkAboutAgreement to Hookup Sewer & Water with YMC, Incr
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AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER
SYSTEM OUTSIDE THE CITY LIMITS
THIS AGREEMENT is made and entered into this ~~ day of
~~~ , 1999, by and between CITY OF MERIDIAN, a Municipal
corporation of the State of Idaho, hereinafter referred to as "CITY", and YMC, INC
as hereinafter defined and hereinafter referred to as "SEWER USER".
RECITALS:
1.1 WHEREAS, "Sewer 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 systems;
and
1.3 WHEREAS, "City" operates and maintains and develops a sewer
system; and
1.4 WHEREAS, the "City" has enacted an ordinance governing its
sewer system codified at Chapter 5 of Title VII of the Municipal
Code of the City of Meridian; and
1.5 WHEREAS, the "Sewer 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 User" is desirous of obtaining
connection to the sewer to serve the "Real Property" and the
"City" is willing to provide that connection to the sewer service to
the "Sewer User" subject to the terms and conditions and
consideration of this agreement, and it is specifically agreed that
AGREEMENT FOR HOOKUP TO THE CITY OF
MERIDIAN`S SEWER SYSTEM OUTSIDE THE CITY LIMITS
YMC, INC. / - 1
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 system be included as
terms and conditions of this agreement and that the "Sewer 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 User": means and shall refer to YMC, INC. 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
system presently codified at Chapter 5 of Title VII of the
Municipal Code of the City of Meridian, 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 System".
2.5 "Policy/Regulations": means and shall refer to any City Council
enacted policy and/or regulation of its sewer system.
2.6 "Sewer System": means and shall refer to the City's sewer
system.
AGREEMENT FOR HOOKUP TO THE CITY OF
MERIDIAN`S SEWER SYSTEM OUTSIDE THE CITY LIMITS
YMC, INC. / - 2
NOW THEREFORE, in consideration of the covenants and conditions
set forth herein, the parties agree as follows:
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 HOOKUP SERVICE:
The "City" agrees to provide a connection to the "Sewer System" to
service the "Real Property" subject to the terms and conditions of this Agreement.
5. CONDITIONS AND REQUIREMENTS OF SEWER USER FOR
THE HOOKUP OF THE SEWER LINE TO THE REAL
PROPERTY:
The hookup and assessment costs relative to the "Sewer System"
connection shall be the responsibility of the "Sewer User".
6. ORDINANCE APPLICATION:
The "Ordinance" and "Policy/Regulations" apply to the sewer 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 User" herein gives consent to such annexation and agrees
to pay the annexation application fee. 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" as are
applicable for real properties outside of the city limits.
AGREEMENT FOR HOOKUP TO THE CITY OF
MERIDIAN`S SEWER SYSTEM OUTSIDE THE CITY LIMITS
YMC, INC. / - 3
9. REQUIREMENT FOR RECORDATION:
"City" shall record either a memorandum of this Agreement or this
Agreement, including all of the Exhibits, at "Sewer User" cost, and submit proof of
such recording to "Sewer 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 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.
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 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
AGREEMENT FOR HOOKUP TO THE CITY OF
MERIDIAN`S SEWER SYSTEM OUTSIDE THE CITY LIMITS
YMC, INC. / - 4
Mail, registered or certified mail, postage prepaid, return receipt
requested, addressed as follows:
CITY:
c/o Meridian City Engineer
Gary Smith
City of Meridian
200 E. Carlton, Suite # 101
Meridian, Idaho 83642
with copy to:
City Cleric
City of Meridian
33 E. Idaho Ave.
Meridian, Idaho 83642
PROPERTY OWNER:
YMC, INC.
4414 S. Gelceler Lane
Boise, ID 83716
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.
AGREEMENT FOR HOOKUP TO THE CITY OF
MERIDIAN`S SEWER SYSTEM OUTSIDE THE CITY LIMITS
YMC, INC. / - 5
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 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 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 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 SYSTEM OUTSIDE THE CITY LIMITS
YMC, INC. / - 6
ACIQVOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this
agreement and made it effective as hereinabove provided.
YMC, INC. an Idaho corporation
= C. DELBERT CUM
PRESIDENT
ATTEST:
l
SECRETAR
BY: RESOLUTION NO.
CITY OF MERIDIAN
By:
OR ROBERT D. CORRIE
ATTE
WILLIAM G. BERG, JR., C CLERK
BY RESOLUTION NO. :~
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AGREEMENT FOR HOOKUP TO THE CITY OF
MERIDIAN`S SEWER SYSTEM OUTSIDE THE CITY LIMITS
YMC, INC. / - 7
SATE OF IDAHO, )
County of Ada
. ss.
On this 28 day of ~-~,~ , ~ , in the year 1999, before
me, ~, e.~\~ ~ ~ . e~ e~r-5 0~ , a Notary Public, personally
appeared C. D LBERT MARCUM, known or identified to me to be the President,
respectively, of the YMC, INC., who executed the instrument or the person that
executed the instrument on behalf of said corporation, and acknowledged to me that
such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official ,, the day and year in this certificate first above written.
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STATE OF IDAHO,
County of Ada
. ss.
On this day of , in the year 1999, before
me, ~ , a Notary Public, personally
appeared BERT 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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~ ~ '~Y ~ Nota 1 ublic for I aho
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Z~ ~'UBLZ~ ~.' ~ My Commission Expires:
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AGREE~'~'I~TT FOR HOOKUP TO THE CITY OF
MERIDIAN`S SEWER SYSTEM OUTSIDE THE CITY LIMITS
YMC, INC. / - 8
°, MAY-04-99 TUE 1130 P, 0/03
MINUTES OF THE SPECIAL MEETING OF
T8E 8011RD OF DIRECTO~tB GF
YMC, Ixc. - 05/03/99
R Special Meeting of the Board of Directors of YMC, INC. tthe
"Corporation"), was held at the corporate offices in Boise, Idaho,
or_ the 3rd day of May, 1999 at tYse hour of 9 : 00 0' clock a_m_
Present were Rc~aid C. Yanke and Bryan S. Norby being all of
the Directors of the Corporation. Also present was Richaxd D_
Heaton, A.ssista:lt Secretary &:sd Ge:~exal Cov_nsel who served as the
meeting's secretary. Ronald C. Yanke, Chai*--~-an of the 3oard and
Chien Executive Ozficer cal=ed the meet;ng to order and ser~red as
its Chairman.
The *ollowir5 Consent azd Waiver of Notice of the time, place
and purpose of the tneetir_g was signed by Path of the Directors:
ThE UNDERSIGN3D, being all of the Board cf D~.rectors of YMCA
T_NC., DO HER~.3Y WAIVE notice of the time, place and purpose o..
the special meetiZg of the Board of Directors of the
Corporation. held the 3rd day of May, i9~9, at the hour of 9:00
o'clock a.m., at the offices of tine Corporation at Boise,
Idaho, and consex~.t to the transactic: of ar_y and all business
t hat may proper~.y come beTore the meetir_C.
- :AL•D C. ~t.i, ~; Director
Vt
R S . 1'OR.~Y, lire or
The Chairman then stated chat the purpose of this meeti;<g was
to cons_cer and authorize an Agreement. nor Took-up To The City of
Meridian's Sewer System Outside `: he City Limits tthe "Sewer
Agreeme*~t"). 'ine Chairman presented a copy of the Sewer Agreement
tc the Directors for consideration. A=tPr discussion, or_ mot.on
duly trade, seconded and uran_r~ously carried, the following
resolaticr. was adopted:
;MAY-04-99 TUE 11 31
P, 03/03
RESOLVED, that YMC, Inc. in its corporate capacity hereby
authorizes and consents to the Sewer Agreement and the
officers of the Corporation, including but not limited to the
President and the Secretary are hereby authorized and directed
terfarmu the obl patio s drequiredh to be r peg formed by dthe
P
Corporation thereunder.
There being no further business to come before the meeting, it
was, or_ motion du_y trade, seconded and carried, adjourned.
A_~PROVP,D
~~ i~
RONALD C. ANKE, Chairman
D. HEATON, Se retary of the
eting
SPBCIAL bjE$TING OF THE HOARD OF DIRECTORS - YMC, INC. - OS/pAGE92