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Home My WebLink AboutAgreement to Fund with Hubble Homes for Extension of Black Cat Sewer Line~~i~E IDIAN~- Public ~ D A H O Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Scott Steckline Land Development Supervisor DATE: 8/17/2010 Mayor Tammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba SUBJECT: Hubble Homes LLC Agreement to Fund the Developers Proportionate share of the extension of the Black Cat Sewer Line as an alternate to constructing the required temporary off-peak station for the Eastancia Subdivision. I. RECOMMENDED ACTION A. Move to: 1. Approve the agreement with Hubble Homes LLC and 2. Authorize the Mayor to sign the agreement II. DEPARTMENT CONTACT PERSONS Tom Barry, Director of Public Works 489-0372 Bruce Freckleton, Development Services Manager 489-0362 III. DESCRIPTION A. Backgr Hubble desires to enter into this Agreement to memorialize its participation in the funding of the Black Cat Sewer Trunk line in Meridian and Victory Road. Public Works and Hubble have agreed on an alternative and permanent plan to provide the required sewer capacity to the Estancia Subdivision, this will be achieved by the construction of an extension of the Black Cat Sewer Line. Hubble has agreed to provide this funding as a cash deposit to the City in Page l of 2 the amount of $44,630.04 in return the City will release Rubble's Letter of Credit that is currently being held for the completion of the required temporary pumping station. --~ fqr S B Fleck eton, Development Services Manager Date Approved for , ~~~ Tom Barry, ctor of Public r Date Page 2 of 2 ADA COUNTY RECORDER J. DAVID NAUARRO AMOUNT .DO I BOISE IDAHO 0812b110 10:~i AM DEPUTY Lisa Bah ~~ ~ ~ ~ ~~ ~ ~~ ~~ ~ ~~ ~~I~~ ~ ~~~~ ~ ~~~~~~ ~ ~ ~~~ RECORDED-REQUEST OF Meridian City i i ~3~7~3717 AGREEMENT Porkies: ~. City of Meridian ~ Bubble ~Iomes LLC THIS AGREEMENT is made and entered into this ~~~~`day of August, 2014, by and between City of Meridian, a municipal corporation of the State of Idaho (hereinafter called "City"), Hubble Haines, LLC, whose address is 701. S Allen St #104 Meridian, Idaho 83642 (hereinafter "Hubble"). RECITALS WHEREAS, Hubble is the developer of the Estancia Subdivision that is located northeast of the E. Amity Road and S. Locust Crrove Raad intersection. This property is a re- subdivision of Lots 1. and 2, Block 1 of Terrier Subdivision and a portion of the SW '/4 of Section 29, T.3A1., R1E, Boise Meridian, Ada County, Idaho as legally descn'bed in Exhibit A, attached hereto and. incorporated herein; and WHEREAS, as a condition of approval of the Final Plat of Estancia Subdivision (File# FP-06-016). the OwnertDeveloper is responsible to provide sewerability to the subdivision through the installation of a temporary off-peak sanitary sewer pumping station in a location designated by the Public Works Department.; and WHEREAS, the owner of the Estancia Subdivision has provided a letter of credit to assure construction of the sanitary sewer pumping station; and WHEREAS, City and Hubble have agreed on an alternative and permanent plan to provide the required sewer capacity to the Estancia Subdivision, to wit: The construction of an extension of the Black Cat Sewer Line in Meridian and Victory Road; and WHEREAS, Hubble has agreed to provide funding for its propartianate share of the extension of the Black Cat Sewer Line to provide sewerability to the Estancia Subdivision; and WHEREAS, Hubble desires to enter into this Agreement to memorialize its agreement to the substitution of its participation in funding the extension of the sewer line for the condition of approval requiring construction of the temporary pumping station; and NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 1. INCORPORATION OF RECITALS. That the above recitals are cantractual~and~ binding and are incorporated herein as if set forth in full. .. ... . 42340.0004.1347147.1 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: (a) City means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the State of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. {b} Owners/Developers means and refers to Hubble Homes LLC, whose address is 701 S Allen St #104 Meridian, Idaho 83642 ,and shall include any subsequent owner(s) or developer{s) of the Property. {e) Property means and refers to that certain parcels} of Property located in the County of Ada, City of Meridian as described in Exhibit A and by this reference incorporated herein as if set forth at length. 3. SURETY OF PERFORMANCE. Hubble agrees to provide surety in the form of cash deposit to insure that installation of the improvements which the Owner/Developer agrees to provide. The amount of surety required for Estancia's portion of the extension of the Black Cat Sewer Trunk is $44,630.04. 4. RELEASE. Upon Rubble's remittance of the aforesaid surety, Hubble and the Property shall be deemed to have folly complied with the condition of approval mentioned above regarding sewerability for the Estancia Subdivision. 5. NOTICES. 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 Mail, registered or certified mail, postage prepaid, return receipt requested to the addresses set forth at the beginzung of this Agreement. A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 6. ATTORNEY FEES. Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing parry shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney fees as determined by a Court of competent jurisdiction, including reasonable attorneys' fees on appeal. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 7. 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 so failin to erform. p~h' . g P 42340.0004.1347147.1 8. 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/Developer of the Property, each subsequent owner and any 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 benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developer has fully performed its obligations under this Agreement. 9. 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 from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. IN WITNESS WHEREOF, the parties have herein executed this Agreement and made it effective as hereinabove provided. OWNER/DEVELOPER CITY •~,P gNIFRFR~~~'•. . ~ ,~ < ,~~,,,~ • ~~` Z s ~v~ ~, S ~ ~~ ~• ,._~'A TE .~ ~UBBL~E O S LLC By: ~. E. Don Hubble CITY OF MERIDIAN I I~~J F~ ' v ~~ , tic 42340.0004.1347147.1 STATE OF IDAHO ) ss. County of Ada } On this ~ day of ~ 2010, before me, the undersigned, a Notary Public in and for said State, person ly appeared E. Don Hubble, known or identified to me to be the person who signed the above and acknowledged to me that he executed the same on behalf of said organization IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ',,,,~GP D .~Dq,~' 4 ~ -i ~ re>~er~tw BAR ~~~,~d ~'~ ~=•~r '~~~~~ ~ ~ ~'B OF ~ STATE OF IDAHO ) ss. County of Ada ) Public for-Td o Residing at Y~'~ My commission expires On this L~ day of v k , 2010, before me, the undersigned, a Notary Public in and for said State, personal y appeared Thomas H. Barry, known or identified to me to be the person who signed 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. (SEAL) ~:,,, ~pRA Sti'•.,~ ~• ~ ~ . ~~~ ~•••• I~ ; t~oT~Ry~~~~° .-.• v, pVA LtiG T~, ~O ~~ ~~ Notary Public fo Idaho Residing at c ~~ ~ C2~. ~~ My commission expires ~4'' " - ~~" -~2/~f 42340.0004.1347147.1 CITY OF MERIDIAN ,~, Tammy de eerd, Mayor `\\\~,~``~.~ ®~ ~~1®j~ ~%,~~~' ~ ~~~~o ~° Attes y Ja ee L. Holman, City Clerk = $~AL ~, _ -~ o ~,. ~°~ n Approved By City Council c: ~ .~ ,, UNT`~ , STATE OF IDAHO ) ss County of Ada ) On this day of , 20 l O ,before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and JAYCEE L. HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and axed my official seal the day and year first above written. •.....~ •1G A JOlV••• ~ ~, NO ARY PUBLI OR O (~EAL) ~~ ~ Residing at• UYIG~ l [~ • ' Commission Expires: , ~~ y ~ ~ y • ~•tS~;~pt~,~4Q- • ••`~ fE OF ;.•• ••••~s•