HomeMy WebLinkAboutAgreement for Extension of Domestic Water and Sewer Outside City Limits with Arlis Baughman 2990 S. Eagle Road..-.. .--.. ~-.. .....n~.r.~ n~r~vvnl .VV .
BOISE IDAHO 05/1?J10 03:09 PM~
DEPUTY Bonnie Oberbillig III I'll'IIIIIIIII'lII'IIIIIIIII I'I'll
RECORDED-REQUEST OF
Meridian City i 1004~~t?
AGREEMENT FOR EXTENSION OF DOMESTIC WATER AND SEWER SERVICE
OUTSIDE MERIDIAN CITY LIMITS: 2990 S. EAGLE ROAD
This AGREEMENT FOR EXTENSION OF DOMESTIC WATER AND SEWER
SERVICE OUTSIDE MERIDIAN CITY LIMITS is made this /3~day of _ ,~ ,
2010, by and between the City of Meridian, a municipal corporation organized un er the laws of the
State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho (hereinafter "City"),
and Arlis Baughman, whose mailing address is 1215 S. Eagle Road, Meridian, Idaho (hereinafter
"User") (collectively, "Parties").
WHEREAS, User is the owner of parcel number S 1121336251, located at 2990 S. Eagle
Road, Meridian, Idaho Ada County, Idaho, as depicted in Exhibit A hereto (hereinafter "Subject
Property"), which real property is located outside of Meridian City limits;
WHEREAS, the City is authorized by Idaho Code section 50-323 to develop, operate, and
maintain a domestic water supply, and to protect the same from contamination, and the City does
exercise such authority, including by the adoption and enforcement of Title 9, Chapters 1 and 4,
Meridian City Code;
WHEREAS, the City is authorized by Idaho Code section 50-332 to operate and maintain a
domestic sewer system, and the City does exercise such authority, including by the adoption and
enforcement of Title 9, Chapter 4, Meridian City Code;
WHEREAS, in or about March 2010, a roadway project by the Ada County Highway
District ("ACRD") necessitated disconnection of the septic system from the residence at Subject
Property and disconnection of the private water well at Subject Property for domestic purposes, in
turn requiring User to connect the residence at the Subject Property to the City water and sewer
systems;
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. DEFINTIONS.
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. "ACHD" shall mean the Ada County Highway District, a public body corporate and politic,
organized under the laws of the State of Idaho, whose address is 3775 Adams St. Garden
City, Idaho 83714.
B. "Agreement" shall mean the instant Agreement for Extension of Domestic Water and Sewer
Service Outside Meridian City Limits.
AGREEMENT FOR EXTENSION OF DOMESTIC WATER
AND SEWER SERVICE OUTSIDE MERIDIAN CITY LIMITS - 2990 S. EAGLE ROAD PAGE 1 OF 5
~"~.
C. "User" shall mean Arlis Baughman, the sole owner in law and equity of Subject Property as
of the Effective Date of this Agreement, whose mailing address is 1215 S. Eagle Road,
Meridian, 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, Meridian, Idaho.
E. "Parties" shall mean, collectively, City and User.
F. "Subject Property" shall mean parcel number 51121336251, located at 2990 S. Eagle 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.
II. COMMITMENTS BY CITY.
A. Provision of Services. At all times relevant hereunder, City shall provide sewer and water
services to the Subject Property, subject to the terms and conditions of this Agreement and
any and all applicable laws and City ordinances.
B. Billing. City shall bill User monthly for sewer and water usage according to the metering,
accounting, and billing system in place under Meridian City Code and the policies and
/"'~ practices of the City of Meridian.
C. Recordation. City shall record this Agreement, and shall submit proof of such recording to
User.
III. COMMITMENTS BY j15ER.
A. Payment for City services. User shall be responsible for ensuring that ACHD fulfills its
obligation to pay to City any and all costs related to sewer and water infrastructure
construction, materials, and connection, including, but not limited to, hookup, assessment,
meter installation, and inspection fees. In the event that ACRD fails to pay such fees or any
portion thereof, User shall pay all such outstanding fees to City and may seek remuneration
from ACHD at User's election. Upon connection to the City's sewer and/or water system,
User shall pay to City all applicable fees and costs for sewer and water services provided,
including, but not limited to use fees, 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 appealed to 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 User and upon any and all
successors in interest of User and/or to the Subject Property.
~ B. No cross-connection. User 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
AGREEMENT FOR EXTENSION OF DOMESTIC WATER
AND SEWER SERVICE OUTSIDE MERIDIAN CrrY LIMITS - 2990 S. EAGLE ROAD PAGE 2 OF 5
~..~ subsequently adopted, which prohibit the installation and/or maintenance of a cross-
connection to the City's water system. This provision shall be binding upon User and upon
any and all successors in interest of User and/or to the Subject Property.
C. Consent to annexation. User specifically agrees that, as a specific consideration of City's
willingness to enter into this Agreement, User shall, and hereby does, provide perpetual
consent to annexation of the Subject Property into the City of Meridian. This provision shall
comprise evidence of User's 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 User and upon any and all successors in
interest of User and/or to the Subject Property.
D. Consent to entry. User shall, and hereby does, provide perpetual consent and access to the
City to enter the Subject Property for the purpose of inspecting any and all sewer and/or
water pipes, connections, and related infrastructure. Except as to routine meter readings or
in the event of an imminent or realized threat to the public health, safety, or welfare, City
shall provide User at least twenty-four (24) hours prior notice of such entry; such notice may
be verbal or written and may be posted at the Subject Property.
IV. GENERAL PROVISIONS.
A. 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.
B. Enforcement. This Agreement shall be enforceable in any court of competent jurisdiction
by either City or User, or any respective successor(s) 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
User, to any successor(s) in interest, and/or to any sewer or water user located on the Subject
Property.
C. 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
AGREEMENT FOR EXTENSION OF DOMESTIC WATER
AND SEWER SERVICE OUTSIDE MERIDIAN CITY LIMITS - 2990 S. EAGLE ROAD PAGE 3 OF 5
~..,~ User: Arlin Baughman
1215 S. Eagle 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.
D. Time is of the essence. The Parties 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 and
default hereunder by the Party so failing to perform.
E. 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
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.
F. 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.
G. 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.
H. Final Agreement. This Agreement sets forth all promises, inducements, agreements,
conditions, and understandings between City and User 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 User, 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.
I. 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.
AGREEMENT FOR EXTENSION OF DOMESTIC WATER
AND SEWER SERVICE OUTSIDE MERIDIAN CITY LIMITS - 2990 S. EAGLE ROAD PAGE 4 OF S
J. 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 to the regulation, control, and use of its sewer and water systems,
and any prospective amendments to and/or recodifications thereof, are specifically and
without limitation incorporated into this Agreement as if set forth fully herein.
K. 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.
L. Approval Required: This Agreement shall not become effective or binding until approved
by the City Council of the City of Meridian.
IN WIT ESS WHEREOF, the parties hereto have executed this Agreement on this
day of ~~ , 2010.
Arlis Baughman
ti~_,, ~,,_ ~ ,.
STATE OF IDAHO
•y ) ss:
County of )
I HEREBY CER Y that on this ~ ~ day of r i'~' ,
before the undersigned, a Notary Public in the State of Idaho,
personally appeared ARLIS BAUGHMAN, proven to me to
be the person who executed the said instrument, and
aclmowledged to me that he 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.
Notary Pu>~ c for Idaho ,~ /,
Residing at ~~~~~ ,Idaho
My Commission Expires: C?`7/I y~~l
CITY OF MERIDIAN:
`` ,,OF.M .... ,,.
BY: .. ~: ~ `~oa~c~o 4-
Mayor CC~cB'~ ycr
~ ~ ~ ~~
=,
AGREEMENT FOR EXTENSION OF DOMESTIC WATER '~~llllll I ~ I ~ 1I F'~`~~~
AND SEWER SERVICE OUTSIDE MERIDIAN CITY LIMITS - 2990 S. EAGLE ROAD
Holman,
PAGE S OF 5
EXHIBIT A
Parcel no. 51121336251
(2990 S. Eagle Road)
Page 1 of 1
Parcal no. 5112133Ei251
THIS MAP NOT INTENDED FOR NAVIGATIONAL. USE
http:/1~6.1~2.184.147/imf/imfPrintMat~.isp?title=Parcel no. SI12133G251 3/15/2010
Ada County Assessor
Property L7etails £or Parcel S1121336251 and Year 2009
Hack to ea °t:csi e.rc.i;
Parcel: 51121336251
Year: 2009
Zane Code: RUT
Total Acres: 1.094
Tax Code Area: 242
Property Description:
PAR #5251 @ CTR POR
SW45W4
SEC 21 3N lE
#336250-A
Address: 2990 S EAGLE RD MERIDIAN , ID 83592
Subdivision: 3N lE 21
Land Group Type: SECT
ToanahipJRangeJSsetion: 3NiE"ll
Valuation Details
_._., . ..~.....__ ~,~e.,.... .. ... ~..._ ..._~.. .
,~ ..... ..._.~__ . ~~..... _. .. .._.. .._...._.....
Roie SCC g
Aarea a Assessed Valuation Code Area
Value
....,..... Method
Primary 12U RESIDENTIAL TRACT
_
~ 1.094
_ $12?,800
- - ~ _. MARKET 242
---____. _
.
u4u RE., IMF'RDVEMEN.
Primary ' " T 0.0 551
,600 _ _
COST 242
Valuation History
Year Value
2009 $1.89,4'x'0
2008 $234,t0O
2007 $204,20U
2006 $174,100
Tax Districts
Tax
bevy Description Phons
District
1 0.002634391 ADA CG['NTY 208-28'-7000
2 0.00019'.054 PEST EXTERMINA'I'IOC! 208-577-4645
3 ' 0.0001273
_. EMEI•CGENCY MEDICAL 208-28"7-2950
6 ' 0.00107.3202
_ '.ADA COUNTY HIGiiWAY DIST 208-387-5120
...
6 C.va35i4298 SL:HOOL DISTRICT NO. 2 206-855-9.500
•.
....
12 (,.J0055','081 MP:R:CS7IAN LIBRARY 208-888-4451
24 ' 0.000038516
~~~ MERIDIAN CE MP:I'ERY
~~~ ~~ _.._~.
~ - 208-$88-5133
~ ~ ~_
~U ' q G
0.0023_99..$
.._ ~. MERIDIAN FIRE
., w_._...._„_ _ .... ~~ ~ 208
-888-1234
_._~. .....,_ ... ._.~~. _._
43 U.UGOU29491 MOSQUITO ABATEM@:t~T .208-577-4646
9c U.UOOOII3336 9,'E.",TERN ADA RECREATSON 2C8-887-1730
140 0.00U1:i3257 CUI,LEG"r.; CE" i+7ESTER;•7 IDAHO :'.U8-552-2113
Total Lc:vy: 0.010&868739 99999999
Taxes, Certifications, and Fees
Year Total Taxes Taxes Paid Taxes Dus Delinquent Tax Data
Current as of
'.2009 $2,0?.4.08 _ $1.,012.04 $1,012..x9 No ~ ~3112I2010
Page 1 of 2
l~tt~:/Iw~~%.adacountyassessor.org/propsys/PrintParcel .do'?yearParcei=200951121336271 3/ 15/2010
I
Ada County Assessor
12008 x$2,310.88
:2007 '$1,945.99
2006 51,796.66
$2,310 88 '$0 00 NO j03/12/2010
1$1,995 44 ~$0 00 ,No 03/12/2010 '
X51,796.86
_ _. _ :$0.00
.._ _ .._ No
.._. I ._ ._. 03/12/2010 i
__..__..- ......... ..
Charactoriatica
Land
Residential
J"~.
http://www.adacountyassessor.org/propsys/PrintPazcel.do?yeazPazcel=200951121336251
Page 2 of 2
3/15/2010