HomeMy WebLinkAboutReclaimed Water User Agreement with ST Investments (Fast Eddys)ADA COUNTY RECORQER Christopher Q. Rich AMOUNT .00 i
BOISE IDAHO 04127!11 10:51 AM
DEPUTY Lisa Balt III I~IIIIIIIIIIIIIII'IIIIIIIIII"I ~II
RECORDED-REQUEST OF 111034'~S6
Meridian City
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RECLAIMED WATER USE AGREEMENT
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This Agreement made the y -
ments Inc. Fast Edd 's hereinafter referred to as User, and the City of Meridian,
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a municipal corporation, hereinafter referred to as City.
WHEREAS User is a customer of the City, User purchases water for domestic,
commercial of industrial uses including landscape irrigation; and
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WHEREAS, ono ~_ y _~
De artment of Environmental Quality (DEQ) issued to the City-Wide Wastewater Reuse
p ~ ' ~~ ' ' Cit to reuse its
Permit No. LA-000215-02 (Permit ),permitting and allowing the y
reclaimed water and contract with other parities for their use of City's reclaimed water;
and
WHEREAS, Ci owns and operates a delivery system capable of delivering to User
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reclaimed water meeting the quality standards set forth below; and
WHEREAS, User intends to construct and operate an onsite private reclaimed water
s stem and has read and understands the Reclaimed Water Users Manual, and agrees to
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follow best mana ement practices and guidelines outlined in the Reclaimed Water Users
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Manual.
NOW THEREFORE, for and in consideration of the mutual covenants set forth herein, as
well as in consideration of continued receipt of water and in further consideration of such
other values as may inure to User from the use of reclaimed water, the City hereby agrees
to sell and User hereby agrees to purchase reclaimed water on the following terms and
conditions:
1. Commodity Rate. The rate to be paid by User for reclaimed water delivered by
Cit shall be the same as is applicable to that type of water as set forth in the
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Meridian City Code or in lieu of the code as set forth in the Memorandum of
Agreement, as maybe amended from time to time.
2. Quality Stan_ Bards. The reclaimed water delivered to the User shall meet or
exceed DEQ standards set for Class A Reclaimed Water. User shall not be
obligated to accept reclaimed water that does not meet this standard.
3. Place of Use. Reclaimed water delivered under this Agreement shall be stored
and used only on the following described property:
750 North Ten Mile Road, Meridian, ID 83642
4. Point of Delivery. The City shall deliver the reclaimed water to
the metering device on the south side of Pine Street.
5. Meterin . User shall install a meter to record the quantity of reclaimed water
delivered to the above-described property. The meter shall meet standard City
specifications and shall be accessible to City.
6. Backflow Prevention. User shall install a backflow prevention mechanism or
assembly, sufficient to protect the reclaimed water supply. If anon-potable,
supplemental irrigation source is interconnected with the reclaimed water system,
a backflow prevention mechanism or assembly shall be installed to prevent any
discharge of reclaimed water into the supplement irrigation source. All backflow
prevention mechanisms and assembly shall be approved by the Cityand/or DEQ
prior to installation, and tested on an annual basis. User is responsible for the
maintenance and testing of all backflow prevention.
Connection of the reclaimed water distribution system to a potable water system is
highly discouraged, and will only be permitted under special circumstances with
written approval from the City. Under such circumstances, User shall install a
reduced pressure backflow assembly (meeting standard City specifications) on all
potable water services at the site where there is any potential for cross-
contaminationbefore receiving reclaimed water from the City. User is
responsible for the maintenance and annual testing of all backflow prevention.
7. Use. The reclaimed water delivered pursuant to this Reuse Agreement shall be
used solely for the following purpose: Commercial Carwash and Landscape
Irrigation. No other use shall be permitted to be made of the reclaimed water and
the City shall not be liable for such a use.
8. uantit . The City shall deliver and the User shall purchase the amount used
monthly to the above described property.
Annually, on or before the anniversary date of this Agreement, User shall provide
the City with a schedule of delivery indicating the quantity of reclaimed water to
be delivered each month in the following year, subject to the terms and conditions
of this Agreement. User may modify this schedule by providing 24 hours written
notice to the Meridian Reclaimed Water Program Coordinator (or designee) that
the User is unable to accept the scheduled delivery or requires an additional
quantity of water. In the event of a shortage of reclaimed water available for
delivery to the reclaimed water users in the City, priority in delivery shall be given
to users based on the date of their Reclaimed Water Use Agreement, with the
earlier agreements having priority over later agreements for the delivery of the
respective contract amounts.
9. Costs of User. Any costs arising out of the use of reclaimed water by User and
from the maintenance or operations of the reclaimed water delivery system on
User's property shall be the sole responsibility of the User.
10. Compliance with Re ulations. User agrees to comply, at its sole cost, with all
state, federal, and local laws, regulations and standards, as now exist, and are later
lawfully enacted, relating to the use of reclaimed water. Such laws, regulations,
and standards may include, but not be limited to, requirements and restrictions
governing use of the reclaimed water; limits on reclaimed water contact with
employees, members, guests, members of the public and adjoining properties,
control of access to the reclaimed water, its delivery system, and the area of
storage and use; and warning signs on the delivery system, and the area of storage
and use.
11. Commencement of Service. User agrees to give City 15 days notice prior to the
initiation of service. In no event shall service begin prior to May 15, 2011
12. Term. The term of this Agreement shall be coterminous with the term of the
Permit and any renewal or replacement thereof. The City shall notify User within
10 days of receipt of a notice from Idaho Department of Environmental Quality
that the Permit will be terminated or not renewed.
13. Resale of Reclaimed Water; Further Reuse. User shall not resell reclaimed water
delivered under this Agreement. User shall not permit the reclaimed water to be
subsequently reused.
14. Transfer of PropertX. User further acknowledges and agrees that all leases, sales,
and other disposal or transfer of ownership or control of the above-described
premises shall be, in writing, made expressly subject to this Agreement, shall
incorporate this Agreement by reference, and shall make all successors and
assigns expressly subject to this Agreement.
15. A royal. The parties hereto acknowledge that, under existing and proposed
reclaimed water reuse regulations, this Agreement has been approved as to form
by the Idaho Department of Environmental Quality. The parties hereby agree to
modify this Agreement in writing to the extent that such amendment is necessary
in order to comply with Idaho Department of Environmental Quality requirements
or regulations promulgated by Idaho Department of Environmental Quality.
1 b. Ins ection. User acknowledges and agrees that in order to verify compliance with
this Agreement or with applicable laws and regulations, the City, State, County or
other agency with jurisdiction may inspect the premises being served reclaimed
water at reasonable times.
17. User specifically acknowledges that it has the responsibility to inform, notify,
andlor request inspection and approvals from various agencies, including City,
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17. User specifically acknowledges that it has the responsibility to inform, notify,
and/or request inspection and approvals from various agencies, including City,
Idaho Department of Environmental Quality, and City of Meridian Building
Department, for certain activities relating to the construction, maintenance, and
operation of its private reclaimed water system, including, but not necessarily
limited to, materials, construction, facility testing, violations, and emergency
situations as will be outlined by City.
18. Termination. This Agreement may be terminated by City if the User fails to
comply with state, federal and local laws, regulations and standards related to
reclaimed water, .fails to comply with any provisions of the Reclaimed Water
Users Manual, or violates any provision of this Agreement. The User may
terminate this Agreement if the purpose(s) for the use of reclaimed water, as
described in Paragraph 7 of this Agreement, no longer exist. Meridian City Code
policies on late fees, delinquencies and turning on water after turnoff for
nonpayment for potable water users (Sections 9-1-20, 9-1-21, and 9-1-22) will be
enforced to reclaimed water users. Reclaimed Water users may opt out of this
agreement with 60 days notice but will forfeit all fees paid up to the time of
termination.
19. Indemnification. The City shall be responsible for delivery of water to the point
of delivery set forth in Paragraph 4 herein. User shall indemnify and save and
hold harmless CITY from and for any and all losses, claims, actions, judgments
for damages, or injury to persons or property and losses and expenses caused or
incurred by User, its servants, agents, employees, guests, and business invitees,
and not caused by or arising out of the tortuous conduct of CITY or its employees.
User shall maintain, and specifically agrees that it will maintain, throughout the
term of this Agreement, liability insurance, in which the CITY shall be named an
additional insured in the minimum amount as specified in the Idaho Tort Claims
Act set forth in Title 6, Chapter 9 of the Idaho Code. The limits of insurance
shall not be deemed a limitation of the covenants to indemnify and save and hold
harmless CITY; and if CITY becomes liable for an amount in excess of the
insurance limits, herein provided, User covenants and agrees to indemnify and
save and hold harmless CITY from and for all such losses, claims, actions, or
judgments for damages or liability to persons or property. Additionally, User
shall maintain Workers Compensation Insurance, in the statutory limits as
required by law. User shall provide CITY with a Certificate of Insurance, or other
proof of insurance evidencing User compliance with the requirements of this
paragraph and file such proof of insurance with the CITY. In the event the
insurance minimums are changed, User shall immediately submit proof of
compliance with the changed limits. Evidence of all insurance shall be submitted
to the City Clerk with a copy to Meridian City Purchasing Division, 33 East
Broadway Avenue, Meridian, Idaho 83642.
20. Excusable Non-Performance. In the event of an Act of God, natural catastrophe,
war, civil insurrection, accidents, acts of governmental or judicial bodies other
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than the City, or any unexpected occurrences beyond the control of either party
which shall materially interfere with the ability of the City to deliver reclaimed
water, or the ability of User to accept, transmit or distribute reclaimed water the
failure of either party to perform its obligation under this Agreement shall be
excused so long as the condition interfering with performance continues. The
maintenance and operation of the City's sewerage system and of the Meridian
Wastewater Treatment Plant shall be solely within the discretion of the City; and
in the event the City discontinues the treatment plant operation and the treatment
plant is not replaced by another plant, all obligations of either party to perform
shall cease without prejudice to any claimed or asserted rights of either party
existing prior to the execution of this Agreement.
21. Attorneys' 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 attorneys' 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.
22. Amendments to Reclaimed Water Users' Manual. Amendments to the City's
Reclaimed Water Users' Manual shall amend or modify any provision of this
Agreement to the extent such amendment to the Manual is necessary in order to
comply with Idaho Department of Environmental Quality requirements or
regulations promulgated by Idaho Department of Environmental Quality. Notice
of this and any other amendments deemed necessary by the City will be given to
the user and said user will have 30 days to comply with the amendment or
discontinue the use of reclaimed water.
Unless expressly stated otherwise, this Agreement constitutes the complete and
entire Agreement between the parties, and concludes collective bargaining
between the parties for its term. This Agreement supersedes and cancels all prior
agreements relating to this subject except the Memorandum of Agreement,
whether written or oral, unless expressly stated in this Agreement.
APPROVALS:
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GRANTOR:
ST Investme~t~s, Inc.:
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Steve Eddy, resident
Tracie L. Eddy, Secretary
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Secretary
STATE OF IDAHO )
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County of Ada )
On this ~ ~ day of , 20~ (,before me, the undersigned, a
Notary Public in and for said State, personally appeared
and known or identified to me to be the President and Secretary, respectively, of the
corporation that executed the within instrument, and acknowledged to me that such
corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set y ha and affixed my official seal the
day and year fist above written.
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GRANTEE: CITY OF MERIDIAN
Tammy de Weerd, Mayor
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STATE OF IDAHO) t,
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County of Ada )
On this " (ate day of L_ , 20 ~ ~ , before me, the undersigned, a Nota
Public in and for said State, personal y 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 affixed my official seal the day and year first
above written. * ~ ~ ~ ~
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