HomeMy WebLinkAboutAgreement for Extension of Domestic Water and Sewer Outside City Limits with Robert Carpenter 3250 Victory (Parcel S1121336401)AGREEMENT FOR EXTENSION OF DOMESTIC WATER AND SEWER SERVICE
OUTSIDE MERIDIAN CITY LIMITS: 3250 E. VICTORY ROAD
This AGREEMENT FOR EXTENSION OF DOMESTIC WATER AND SEWER
SERVICE OUTSIDE MERIDIAN CITY LIMITS is made this I ~+"day of a,~ , 2010,
by and between the City of Meridian, a municipal corporation organized under the law of the State o:
Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho (hereinafter "City"), and Robert
Carpenter, whose mailing address is 3250 E. Victory Road, Meridian, Idaho (hereinafter "User")
(collectively, "Parties").
WHEREAS, User is the owner of parcels numbered 51121336401 and 51121336476,
contiguous parcels containing one house with an address of 3250 E. Victory Road, Meridian, Ada
County, Idaho, as depicted in Exhibit A hereto (hereinafter, collectively and separately, "Subject
Properties"), which real properties are 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
("ACHD") necessitated disconnection of the septic system from the residence at Subject Properties
and disconnection of the private water well at Subject Properties for domestic purposes, in turn
requiring User to connect the residence at the Subject Properties 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.
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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 - 3250 E. VICTORY ROAD PAGE 1 OF $
C. "User" shall mean Robert Carpenter, the sole owner in law and equity of Subject Properties as
of the Effective Date of this Agreement, whose mailing address is 3250 E. Victory 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 Properties" shall mean, collectively and separately, parcels numbered 51121336401
and S 1121336476, contiguous parcels containing one house with an address of 3250 E. Victory
Road, Meridian, Ada County, Idaho. As of the Effective Date, the Subject Properties have not
been annexed into the City of Meridian and are 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 Properties, 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. This Agreement shall be executed in duplicate, and City shall record such
Agreement against each parcel, and shall submit proof of such recordings to User.
III. COMMITMENTS BY USER.
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 ACHD 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 Properties.
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 subsequently adopted, which
AGREEMENT FOR EXTENSION OF DOMESTIC WATER
AND SEWER SERVICE OUTSIDE MERIDIAN CITY LIMITS - 3250 E. VICTORY ROAD PAGE 2 OF 5
prohibit the installation and/or maintenance of across-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 Properties.
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 either and/or both of the Subject Properties into the City of Meridian. This
provision shall comprise evidence of User's consent to annexation as to both of the Subject
Properties, and shall be binding upon all subsequent purchasers, heirs, or assigns of either
and/or both of the Subject Properties. 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 Properties.
D. Consent to entry. User shall, and hereby does, provide perpetual consent and access to the
City to enter either and/or both of the Subject Properties 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 one (1) of the Subject Properties.
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
Properties.
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 - 3250 E. VICTORY ROAD PAGE 3 OF 5
User: Robert Carpenter
3250 E. Victory 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 Properties, any and all subsequent
owners thereof, and each and every other person acquiring an interest in the Subject Properties.
Nothing herein shall, or shall be construed to, in any way prevent the sale or alienation of the
Subject Properties, 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
AGREEMENT FOR EXTENSION OF DOMESTIC WATER
AND SEWER SERVICE OUTSIDE MERIDIAN CITY LIMITS - 3250 E. VICTORY ROAD PAGE 4 OF 5
by law shall not be to the exclusion of any other remedy.
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.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this 1 ~ day
of ~--~ p,~, 2010.
USER: STATE OF IDAHO )
~e ss:
County of G~G~ )
` I HEREBY CERTIFY that on this ~~ day of ~~ / ,~/Q
Robert Carpenter before the undersigned, a Notary Public in the State of Idaho,
personally appeared ROBERT CARPENTER, proven to me to
be the person who executed the said instrument, and aclrnowledged to
me that he executed the same.
,~.~= ~-~ r~_ __ _ . -~.~~_ IN WITNESS WHEREOF, I have hereunto set my hand and affixed
gUZETT~ ~IIORi°tl~ my official seal, the day and year in this certificate first above written.
NOTARY P1JRLIG ,
STATE O~ IDAHO
o u lic r Idaho
Idaho
Residing at /t/(~i~, ~ ,
My Commission Expires: ~~- a ~ ~f ~
CITY OF MERIDIAN:
BY:
\~,~ ~,~y OF ~~0/q,~'%,,,
.~ ~~ ~et~RA r .
,Mayor ~R ~~ `~yce~,. Holman, City Clerk
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AGREEMENT FOR EXTENSION OF DOMESTIC WATER
AND SEWER SERVICE OUTSIDE MERIDIAN CITY LIMITS - 3250 E. VICTORY ROAD PAGE S OF 5
E~IIBIT A
Parcel nos. 51121336401 and 51121336476
(3250 E. Victory Road)
Page 1 of 1
Parcel no. Si 121336401
THIS MAP NOT INTENDED FOR NAVIGATIONAL USE
http://66.192.184.147/imf/imfPrintMap.jsp?title=Parcel no. 51121336401 3/15/2010
Ada County Assessor
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Property Details for Parcel 51121336401 and Year 2009
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Parcel: 51121336401
Year: 2009
Zone Code: RUT
Total Acres: 0.566
Tax Code Area: 242
Property Description:
PAR #6401 @ SW COR
SW4SW4
SEC 21 3N lE
#336400-B
Address: 3250 E VICTORY RD MERIDIAN , ID 83642
Subdivision: 3N lE 21
Land Group Type: SECT
Tov~nship/Range/Section: 3N1E21
Valuation Details
... ~ .
Role SCC Acreage, Assessed Valuation ,Code Area!,
Value Method
Primary ;120 RESIDENTIAL TRACT !0.566 °..$80,100 ;MARKET ':242
Primary ;340 RES IMPROVEMENT !; 0.0 :$90,600 :COST 242 ',.
Valuation History
Year Value
2009 $170,700
2008 $201,300
2007 $213,100
2006 $176,300
Tax Districts
Tax Levy Description Phone
'.:District ::
1 ;0.002634391 'ADA COUNTY 208-287-7000
2 :0.000141054 PEST EXTERMINATION ,208-577-4646 '
3 .'0.0001273 :.EMERGENCY MEDICAL '208-287-2950 '.
6 :0.001023202 ADA COUNTY HIGHWAY DIST '208-387-6120
'8 '0.003514248 SCHOOL DISTRICT N0. 2 :208-855-4500
12 '0.000562081 ::MERIDIAN LIBRARY 208-888-4451
24 ,._
:0.000038516
:MERIDIAN CEMETERY
'208-888-5133 '.
30 ',0.002399998 'MERIDIAN FIRE ',208-888-1234
43 :0.000029491 .:MOSQUITO ABATEMENT 208-577-4646 ''.
._.
46 _ __
0.000083336
!WESTERN ADA RECREATION
:208-887-1730
100 0.000133257 :COLLEGE OF WESTERN IDAHO ,:208-562-2113
Total Levy: 0.010686873999999999
Taxes, Certifications, and Fees
Year Total Taxes Taxes Paid Taxes Due Delinquent Tax Data
Current as of:
2009 $912.12 ',$912.12 $0.00 'No '03/12/2010
Page 1 of 2
http://www.adacountyassessor.org/propsys/PrintParcel.do?yearParcel=200951121336401 3/15/2010
Ada County Assessor
2008 ',$991.48 ':$991.48 '$0.00 iNo 03/12/2010
:2007 $1,179.22 '$1,179.22 $0.00 No 03/12/2010
2006 ;$1,045.48 $1,045.48 .$0.00 No 03/12/2010
Characteristics
Land
Residential
Page 2 of 2
http://www.adacountyassessor.org/propsys/PrintParcel.do?yearParcel=200951121336401 3/15/2010
Page 1 of 1
Parcel no. 51121336476
THIS MAP NOT INTENDED FOR NAVIGATIONAL USE
http://66.192.184.147/imf/imfPrintMap.jsp?title=Parcel no. Sl 121336476 3/15/2010
Ada County Assessor
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Property Details for Parcel 51121336476 and Year 2009
Parcel: S1121336476
Year: 2009
Zone Code: RUT
Total Acres: 0.135
Tax Code Area: 242
Property Description:
PAR #6476 NEAR SW COR
Sw4Sw9
SEC 21 3N 1E
#336475-B
Valuation Details
Role SCC
Primary 180 OTHER LAND
Valuation History
Year Value
2009 $2,700
2008 $4,500
2007 $4,500
2006 $4,500
ID 83642
.............................................
...
Assessed Valuation
Acreage; Value Method Code Area':
!0.135 :$2,700 ::MARKET 242
Tax Districts
Tax Levy Description Phone
District'
1 0.002634391 'ADA COUNTY '208-287-7000
2 '0.000141054 :PEST EXTERMINATION '208-577-4646
`3 ;0.0001273 'EMERGENCY MEDICAL 208-287-2950
6 ':0.001023202
'ADA COUNTY HIGHWAY DIST
''208-387-6120
8 0.003514248 ;SCHOOL DISTRICT N0. 2 "208-855-4500
12 :0.000562081 MERIDIAN LIBRARY X208-888-4451 °.
24 0.000038516 >MERIDIAN CEMETERY ,208-888-5133
30 ..
0.002399998
'MERIDIAN FIRE
:208-888-1234
43 0.000029491 MOSQUITO ABATEMENT ,;208-577-4646
46 0.000083336 WESTERN ADA RECREATION ;:.208-887-1730
.100 -:0.000133257 :COLLEGE OF WESTERN IDAHO '208-562-2113
Total Levy: 0.010686873999999999
Taxes, Certifications, and Fees
Tax Data
` Year Total Taxes Taxes Paid Taxes Due Delinquent
'. Current as of
2009 $28.84 $28.84 $0.00 No ' 03/12/2010
2008 $44.32 ,$44.32 $0.00 No 03/12/2010
2007 ...
$92.84
$42.84 ',$0.00
No '
03/12/2010
;2006 ;$46.44 ;$96.44 $0.00 No 03/12/2010
Characteristics
LCSr;d
http://www.adacountyassessor.org/propsys/PrintParcel.do?yearParcel=200951121336476
Page 1 of 1
3/15/2010