HomeMy WebLinkAboutOff Site Sewer Improvement Agreement with F&C Development for Napoli Subdivision 1st AddendumADA COUNTY RECORDER Christopher Q. Rich AMOUNT .00 12
BOISE IDAH010112l11 12:27 PM
DEPUTY Bonnie Oberbillig I) I I (II' II' II II II I I ~ II'I I I II I'I I II III
RECORDEQ-REQUEST OF 11108261
Meridian City
FIRST ADDENDUM
TO THE
OFF SITE SEV~~ER IMPROVEMENT AGREEMENT
F & C DEVELOPMENT COMPANY
(Napoli Subdivision)
. ~~
Whereas, This addendum, made this day of September, 2011 to the above-
captioned agreement executed between the City of Meridian ("City") and F&C
Development Company, Inc. ("User")dated the 2n~ day of June, 2009 (AGREEMENT);
and,
V~'HEREAS, the above referenced AGREEMENT provided for payment of the
proportionate share of construction costs associated with bringing sewer services to User
in the amount of $60,000.00 which was paid by User to City; and,
WHEREAS, the AGREEMENT provided for a reimbursement to User in the event that
the actual amount of the proportionate share was less than the amount paid; and,
WHEREAS, the actual proportionate share for this portion of the work was $14,758.18 so
a reimbursement is due to User.
NOW THEREFORE, the AGREEMENT shall be modified in the following particulars:
Section 3(a} of the AGREEMENT shall be modified to add the following language:
"The actual cost of the proportionate share for the provision of sewer services is
$14,758.18. Sewer/Water User has paid to City the amount of $bo,000.00. City
shall promptly reimburse Sewer/Water User in the amount of $45,241.82."
All other terms of the AGREEMENT shall remain the same.
END OF TEXT
SIGNATURES TO FOLLOW ON NEXT PAGE
USER:
F&C DEVELOPMENT CO, INC
A.
~.
By: :.
Frank Status
CITY OF MERIDIAN
By:
Mayor Tamm d eerd
Atte`~ Jay e L. Halman, City Clerk
STATE OF IDAHO )
ss.
County of Ada )
War ~.
~ IDIAN
IDAHO
.~
~~AA~~ ~
~~+ ~~~l.4 ti~
Atir ~~~
this ~ da of 201 1, before me, a Notary Public in and for said State,
On y
personally appeared Frank Status., own or identified to me to be the person who signed the above on
behalf of F&C Development Ca, Inc, and acknowledged to me that he executed the same on behalf of
said entity. ~~`~~ ~ ~ ~.~
4 Y
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b ~ f^'~aR1~' P ~ ~ ..~r`rn~, .«.rnww+ +~ A.~rm,w~,.,.~.~~~..rM'
w '""'~' ~ ~ NOTARY PUBLIC for IDAHO
F ~
i. ~U~'~~~ ,~~ Residing at _ _
~* ~~ •~~~+~~.~;~i. ~ `~~' Commission. expires Diana L. ~~
~~'~.;~~'~ OF t~~ <~~` Commission Ex I
p res 04-~~Zp~~
AHO ~~'''''""~~~''`` Residin Mercian I
STATE OF ID ) 9 , da~~a
ss.
County of Ada )
a of 2011 before me, a Notary Public in and for
On this d y
said State, personally appeared Tammy de weerd and Jaycee L. Holman, known or identified to me to be
the Mayor and City Clerk, respectively, who signed and attested the above on behalf of the City of
Meridian, and acknowledged to me that they executed the same on behalf of said City.
,.
',~ .
~,/ 'TA ~, `~~
• ~?° +~ ~' ~ • TARY P C for ID
~ ~ Residing at CNt G~ ~~ l
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Commission expires ~
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Q~~ED A UC~sr
~0~ ~ 19
~~~~~
__ _ .
September 19, 2011
City of Meridian
To Whom it May Concern:
In the matter ertainin to the First Amendment to the off Site Sewer Agreement, please note that F &
p g
C Develo ment Inc. is no longer an active corporation in the state of Idaho. Please make the check for
p
45 241.82 payable to Frank L. Stauts the principal and owner of F & C Development, Inc. at the time
$ ,
Napoli Subdivision was developed.
Sincerely,
Frank L. Stauts
4068 S. Zaivcla Ave.
Meridian, ID 83642
ADA COUNTY RECORDER d. DAVID NAifiARRO AIBOUNT .00 9
BOISE IDAHO 081039 ~~~ PBI ___ __ __ ___
DEPUTY illaki A11~
RECORDED -REQUEST OF ~~,~~ I
i~'~~
Nlaridiat~ CIS
DFF SITE SEWER IMPROVEMENT AGREEMENT
' ~ 1. City of M ri '
P ies
~.,. rank Stauts F&C Development Co.. Inc.
Q er of Nano i Su ~ iyisio
ROVEM~ENT AGREEMENT ("Agreement") is made and
TFIIS OFF SITE SEWER IMP , , , ,
• f June 2009 b and between City of Meridian, a muiucipal
entered into this day o y ,
• ereinafter called "Ci ") and Frank Stauts, prvncipal of FCC
co oration of the State of Idaho (h tY . ,~, .
~ ' ' ' ereinafter called Na oli) within the
Develo ment Co., Inc. owner of Napoli Subdivision (h p
p ess of F&C Develo went Company
orate limits of the City of Meridian. The business addr p
core
is 3554 E. Indian Trail Lane, Kona, Idaho 83634.
RECITALS
' owner of the Na oli Subdivision located in the NW '/~ of the
WHEREAS, Stauts is the p
I 3 North Ran e 1 East Boise Meridian, Ada County, Idaho as
SW /4 of Section 28, Township g ,
' in Exhibit A attached hereto and incorporated herein; and .
legally described
' ' n of a roval of the Final Plat of Napoli Subdivision (FP-Ob-
WHEREAS, as a conditio pp . .
« • ~~ to er of the subdivision is responsible to provide sewerability
050) (Final Plat }the owner/deve p .
bdivision throw the installation of a temporary off~peak sanitary sewer pumping
to the su ~
' ocation desi ted b the Public works Department; and
station in a l g~ Y
redit from Na o1i was provided to assure construction of the
w'I~EREAS, a letter of c p
sanitary sewer pumping station; and
edit was set to ex ire on June 2, 2009 and the City in good
w'HEREAS, the letter of cr p .
• e fundin for the off eak sanitary lid station as proposed in
faith cashed said LOC to secure th g p
the development condition; and
TY will become res onsible for the construction of the sanitary sewer
V4'HEREAS, the CI p
' d if it is necess to provide sanitary sewer service; and
pumping station when an ~Y
' li have a eed on an alternative and permanent plan, in lieu of
~+'HEREAS, City and Napo , gr .
• - eak sale sewer umping station, to provide the required
the installation of a temporary off p Lary p
OFF SITE SEWER IMPROVEMENT AGREEMENT ~ Page 1 of 6
• ' ' ' ' • e construction of an extension of the Black
r ca ace to the Napoli Subdivision, to wit, Th
sewe p ty
Cat Sewer Line; and
' ovide fundin for its proportionate share of the
~4'HEREAS, Napoli has agreed to pr g
• 'de sewerabili to the Napoli Subdivision; and
erasion of the Black Cat Sewer Line to prove tY
ext
' for an a eement b the City to continue to provide sewer
V4rHEREAS, in exchange ~ y i e its
• ' ' ' li desires to enter into this Agreement to memorial z
services to the Napoli Subdivision, Napo
• ' ' ion in fundin the extension of the sewer line, and
eement to the substitution of its participat g
~'
AGREEMENT
' ration of the covenants and conditions set forth herein,
NOW, THEREFORE, in conside
• ~ and ade uate consideration, the parties agree as follows:
which the parties agree is good q
of RECITALS. That the above recitals are contractual
1, INCORPORATIOrr
' ~ ' ~ d correct and are incorporated herein as if set forth in full.
and binding, true an ,
NS. For all ores of this Agreement the following words, terms,
2, DEFINITIO pm'P
' 'section shall be defined and interpreted a.s herein provided
and phrases herein contained in this
he clear context of the resentation of the same requires otherwise,
for, unless t p
' means and refers to the City of Meridian, a party to this Agreement,
(a} Crty ...
• ' ' d overnment subdivision of the State of Idaho, organized
which is a municipal Corporation an g
' ' 1 w of the State of Idaho, whose address is 33 East Broadway Avenue,
and existing by virtue of a
Meridian, Idaho 83442.
evelo ers means and refers to Frank Stauts, a party to this
(b} owners/D p .
' Indian Trail Lane, Kura, Idaho 83b34, the owner of said
Agreement whose address is 3554 E.
h 1 include an subse went owners} or developer(s) of the Property.
Property and s al y q
d refers to that certain parcels} of Property located in
(c) Property means an
' ' ' described in Exhibit A and by this reference incorporated
the County of Ada, City of Meridian as
herein as if set forth at length.
S REGARDING PRUVISIQN of SEWER SERVICES.
3. AGREEMENT
went of Pro ortionate Share. Napoli shall make cone-time
(a) Pay P •
' bare ofthe extension of the Black Cat Sewer Line to provide
payment of its proportionate s d no
' ' li Subdivision which amount shall be Sixty Thousand dollars an
sewerability to the Napo
cents $40,000.00) ("Napoli Sewer Contribution"}.
(
ent to Provide Sever Services; Satisfaction of Condition. In
(h) Agreem
a o1i Sewer Contribution, the City shall continue to provide necessary sewer
exchange for the N p ce is the
' oli Subdivision and the lots located therein. Furthermore, the City ac p
services to the Nap for the
' ' n as satisfaction of its condition of approval on the Final Plat
Napoli Sewer Contributio
• • ' ' Owner/Develo er of the Property installs a temporary off-peak
Napoli Subdivision that the p .
' in station in a location designated by the City s Public Works Department.
sanitary sewer pump g
OFF SITE SEWER M'ROVEMENTAGREEMENT -Page 2 of 6
• ' t as to the time eriod when the Off Site Sewer Improvement
The City is under no time restrain p
must be constructed.
DITIONAL BUILDING PERMITS. As additional
4. ISSUANCE QF AD
• ' eridian a ees to issue all remaining building permits for
consideration for Napoli the City of M gr' ,
' ' ' ' ff Site Sewer Im rovement is not completed at the time of the
Napoli Subdivision, even if the 0 p
request.
ER~QRMCANCE. The City shall retain Sixty Thousand Dollars
5, SURETY 4F P
• om the Ori final Letter of Credit for Napoli for the construction of
and no cents that it received fr g
' ` n and a 1 it to the conditions of this agreement. The City shall then
the off peak lift statio pp y •
' he more received from that Letter of Credit to Napoli within 30 days
return any remainder. of t y
of the execution of this agreement,
An notice under this A Bement shall be in writing and be delivered
6, N{ITICES. y ~'
' r b ublic or rivate courier service (so long as such services provide written
in person o y p p
' f delive includin U.S. Postal Service Express Mail} or certified mail, return
confirmation o ry} ( g
' d or b facsimile. An notice given by registered or certified mail shall be sent
receipt requeste , y y ,
' recei t re nested. An notice iven by facsimile shall be verified by confirmation.
with return p q Y g ,
' 1 be addressed to the arties at the addresses contained herein or at such other
All notices shat P
ies ma from time to time direct in writing. Any notice shall be deemed to
addresses as the part y
' a actual delive or refusal, (b}three (3} business days after mailing by
have been given on (} ry
re 'stered or certified mail, or (c) the day facsimile delivery is verified.
If to City: City of Meridian
Attention: :r
~3~8OADwA ~
~-~1~ 1 1.~ ~ t~
Telephone: 2D~-'~'~8 ~ ~'~~~
Facsimile: ~8 ~ ~ ~'~~
• ~, , - .
With copy to: ~
Attention: f3 ~~~ ~ro~
• r
Telephone: - ~.~ !
Facsimile: Za~~ ~ '~ • ~ `~
If to Napoli: F&C Development Co., Inc.
Attention: Frank Stouts
3554 E. Indian Trail Lane
Kona, Idaho 83634
Telephone: (208) 631-0252
Facsimile: (208) 8876597
OFF SITE SEWER IMPROVEMENT AGREEMENT -Page 3 of d
7. 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 a.s 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 ofthis Agreement.
8. 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 party so failing to perform.
9. 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. Nothing
herein shall in any way prevent sale or alienation of the Property, or portions thereof. City
agrees, upon written request of OwnerlDeveloper, to execute appropriate and recordable
evidence of termination of this Agreement if City, in its sole and reasonable discretion, had
determined that OwnerlDeveloperhos fully performed its obligations under this Agreement.
lU. 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.
11. RECORDING. The parties acknowledge and agree not to cause or permit the
recording of this Agreement or any portion thereof prior to the purchase of the Propert~r by
Napoli.
12. COUNTERPARTS. This Agreement may be executed in counterparts, each of
which shall constitute an original, but all together shall constitute one and the same Agreement.
13. ENTIRE AGREEMENT. 'This Agreement embodies the entire agreement
between the parties hereto with respect to the subj ect matter hereof. No extension, change,
modification or amendment to or of this Agreement of any kind whatsoever shall be made or
claimed by the City or Napoli, and no notice of any extension, change, modification or
amendment made or claimed by the City or Napoli shall have any force or effect whatsoever
unless the same shall be endorsed in writing and be signed by the party against which the
enforcement of such extension, change, modification or amendment is sought, and then only to
the extent set forth in such instrument.
OFF SITE SEWER IMPROVEMENT AGREEMENT « Page 4 of d
TN wI'INES S ~4'HEREOF, the parties have herein executed this Agreement and made it
effective as hereinabove provided,
awNER/DEVEL4FER
STATE OF IDAHO
County of Ada.
ss.
Frank Stauts
F&C Development Co., Inc.
By:
F Stauts
• ~ f .
0n this ~ `~ da of ~v~. 2009 before me the undersi ed a No Public
Y - - ~ ~ gn- ~ tart'
in and for said State, personally appeared Frank Stauts, 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 orgarii.~ation
IN WITNESS V4'HEREOF, I have hereunto set my hand and axed my official seal the
day and year in this certifcate first above written, ~,
,~` p. F~ ~~C f''%
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~~
SEAL ~o
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My commission expires , ~(a-•'~- '~ ! 3
OFF SITE SEWER IMPROVEMENT AGREEMENT « Page 5 of 6
CITY By;
w~,~ ~- ~ ~ %,Charlie Rountree, Acting Mayor
~o '
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,,~~ ~ ~~,~ Jaycee loran, City Clerk
~~~ 1.-t1i t * ~~1
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STATE OF IDAHO
} ss.
County of Ada )
(Jn this day of 2009, before me, the undersigned, a Notary Public
in and for said State, personally appeared Charlie Rountree and Jaycee Holman, known or
identified to me to be the Acting Mayor and City Clerk of the Cifiy of Meridian, Idaho, who
executed the within instrument and acknowledged to me that they executed the same on behalf of
the City of Meridian.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
••~~~~~~~~i
~~~~~ ~~
(SEAL} ~. ,,• ,,, ~~
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Notary Public for Idaho
Residing at ~
My commission expires t n - 1 ~~ 1
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OF`P SITE SEWER IMPROVEMENT AGREEMENT -Page 6 of b
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