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Home My WebLink AboutAgreement for Extension of Domestic Water and Sewer Outside City Limits with Marty Thomason 2960 S. Eagle Rd AGREEMENT FOR EXTENSION OF DOMESTIC WATER AND SEWER SERVICE o OUTSIDE MERIDIAN CITY LIMITS: 2960 S. EAGLE ROAD =~ Z .m This AGREEMENT FOR EXTENSION OF DOMESTIC WATER AND SEWER ~~ 4 _~ SERVICE OUTSIDE MERIDIAN CITY LIMITS is made this /y day of __, ~-a ~ 2010, by and between the City of Meridian, a municipal corporation organized under the laws of the _' whose address is 33 East Broadway Avenue, Meridian, Idaho (hereinafter "City"), State of Idaho , whose mailing address is 2910 S. Eagle Road, Meridian, Idaho (hereinafter and Marty Thomason 4 , "User") (collectively, "Parties"). o ~~ 4d G~ User .is the owner of parcel number 51121336230, located at 2960 S. Eagle WHEREAS ~ o a,o , Idaho Ada County, Idaho, as depicted in Exhibit A hereto (hereinafter "Subject Meridian Road a o ~ ~- r ~ N , , Property"), which real property is located outside of Meridian City limits; ~ W a o ~ -~~ =mom WHEREAS, the City is authorized by Idaho Code section 50-323 to develop, operate, and ~ a ~ o maintain a domestic water su 1 and to rotect the same from contamination and the City does pp Y, p ~ ~ = o :~ 4y~~ exercise such authority, including by the adoption and enforcement of Title 9, Chapters 1 and 4, 4 ° o ~ ~ 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 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 - 2960 S. EAGLE ROAD PAGE 1 OF 5 C. "User" shall mean Marty Thomason, the sole owner in law and equity of Subject Property as of the Effective Date of this Agreement, whose mailing address is 2910 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 S1121336230, located at 2960 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 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 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 CITY LIMITS - 29fiO 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 - 2960 S. EAGLE ROAD PAGE 3 OF 5 User: Marty Thomason 2910 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 - 2960 S. EAGLE ROAD PAGE 4 OF 5 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. I WITNESS WHEREOF, the parties hereto have executed this Agreement on this ~~ day of i~1 , 2010. USER: STATE OF IDAHO ) ~~ j ss: County of I HEREBY CERTIFY that on this I ~ day of l~,l! , o~ (~~ Marty Thomason before the undersigned, a Notary Public in the State of Idaho, ~ ~ ~ ~ ~ ~ ~ ~ personally appeared MARTY THOMASON, proven to me to ••~ ~ A ••• be the person who executed the said instrument, and ~•~ ~ "" ~ ~(; •• ~ acknowledged to me that he executed the same. • ~~ T+q~,•'~,~. IN WITNESS WHEREOF, I have hereunto set my hand and ~ ;~ 77~ ~,`~ : affixed my official seal, the day and year in this certificate first x • above written. ~ ~ ~ ~~ s~ ` • '~ ~ ~ ~ i ~•~ ; ' ~ ~~~~ ~:~ ~~ Notary Public fo Idaho Residin ~.~'~~ ,Idaho My Commission Expires: ~~' ~~ CITY OF MERIDIAN: ,~ .~ BY: "p ,Mayor (Flc~n ~`~ ~ aycee Holm Clerk 1~ca,~ ~ c( ~..~,-,.-~~-- = SEAL = ~~ ~,90 ~~t tS'~ ~ ~. Cp Y AGREEMENT FOR EXTENSION OF DOMESTIC WATER',/~'~~~~/~~NT ~~~~~~~`\``\ AND SEWER SERVICE OUTSIDE MERIDIAN CITY LIMITS - 2960 S. EAGLE ROAD PAGE 5 OF S ExxisiT A Parcel no. 51121336230 (2910 S. Eagle Road) Page 1 of 1 Parcel no. 51121336230 THIS MAP NOT INTENDED FOR NAVIGATIONAL USE http:/166.192.184.147/imf/imfPrintMap.jsp?title=Parcel no. 51121336230 3/15/2010 Ada County Assessor ~ ~y ",may {{ Property Details for Parcel 51121336230 and Year 2009 Hack ~t~c P;~rc,e1 Search Parcel: 51121336230 Year: 2009 Zone Code: RUT Total Acres: 2.82 Tax Code Area: 242 Property Description: PAR #6230 SW4 SEC 21 3N lE #336225-B Address: 2960 S EAGLE RD Subdivision: 3N lE 21 Land Group Type: SECT Township/Range/Section: MERIDIAN , ID 83642 3N1E21 Valuation Details Role SCC Acreage'; Assessed Valuation ,Code Area; Value Method °Primary '120 RESIDENTIAL TRACT '2.82 ;.$140,800 +MARKET '.242 -Primary 340 RES IMPROVEMENT 0.0 ;,$98,200 COST ,242 Valuation History Year Value 2009 $239,000 2008 $296,800 2007 $271,700 2006 $221,900 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 iCOLLEGE 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 $1,437.72 :$718.86 $718.86 No ':03/12/2010 Page 1 of 2 http://www.adacountyassessor.orglpropsys/PrintParcel.do?yearParcel=200951121336230 3/15/2010 Ada County Assessor 2008 $1,929.34 2007 $1,737.54 .2006 :$1,516.12 Characteristics Land Residential `51,929.34 !$0.00 'No '03/12/2010 '51,737.54 ,$0.00 No 03/12/2010 51,516.12 50.00 No 03/12/2010 Page 2 of 2 http://www.adacountyassessor.org/propsys/PrintParcel.do?yearParcel=200951121336230 3/15/2010