HomeMy WebLinkAboutAgreement for Hookup to Water and Sewer Service with Diamond View Assisted Living, LLC for Amended 1st Addendumy .. ~
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ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 11
BOISE IDAH010/12111 12:27 PM
DEPUTY Bonnie Oberbillig III IIIIIIIIII'IIIIIIIIIIIIIII~I III III
RECORQEQ-REQUEST OF 11108~~13
Meridian City
FIRST ADDENDUM
TO THE
AMENDED AGREEMENT FOR HOOKUP TO WATER AND SEWER SERVICE
DIAMOND VIEW ASSISTED LIVING LLC
' ~ ber 2011 to the above-
Whereas, Th1s addendum, made this ~ day of Septem ,
ca tinned agreement executed between the City of Meridian ("City") and Diamond View
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Assisted Living LLC ("User"} dated the 1st day of February 2011 (AGREEMENT); and,
WHEREAS, 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 $8,887.50 which was paid by User to City; and,
w'HEREAS, 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 $b,595.02 so
a reimbursement is due to User.
NOW THEREFORE, the AGREEMENT shall be modified in the following particulars:
Section 5.7 of the AGREEMENT shall be modified to add the following language: "_
actual cost of the proportionate share for the extension of Sewer is $b,595.02.
Sewer/Water User has paid to City the amount of $8,887.50. City shall promptly
reimburse SewerlWater User in the amount of $2,292.48."
All other terms of the AGREEMENT shall remain the same.
END OF TEXT
SIGNATURES TO FOLLOW ON NEXT PAGE
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USER:
DIAMOND VIEW ASSISTED LIVING LLC
By: ~
Scott Jenkins
CITY OF MERIDIAN
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Attest: Jaye L. Holman, City Clerk
STATE OF IDAHO )
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County of Ada )
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County of Ada )
On this ~ day of 201 1, before me, a Notary Public in and for said State,
personally appeared Scott Jew., known or identified to me to be the person who signed the above on
behalf of Diamond View Assisted Living LLC, and acknowledg~l to me that he executed the same on
behalf~Q~~~i~ty.
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On this ~ ~ day of ~~._, 201 1, before me, a Notary Public in and for
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 acknowl~lged to me that they executed the same on behalf of said City.
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T Y P L r IDAHO
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ADA COUNTY RECORDER Christopher D~ Rich AMOUNT ,QO 9
soisE iDaHO o~o~~~ ~1.~aM . _~._ _...~~ T _ _ _ ,
DEPUTY Vicl~ Allan
RECORDED-RE4UEST OF 111 ~ i ~~'~~
Maridian City
AMENDED AGREEMENT FUR HUUKUP TU THE CITY OF MERIDIAN'S
SEWER/WATER SYSTEM UUTSIDE THE CITY LIlVIITS:
DIAMUND VIEW ASSISTED LIVING LLC
3574 E AMITY RD
MERIDIAN, ID 83b42
T'HI~S AGREEMENT is made and entered into this ~~ ~ da of
Y
20 ~ b and betty T ' ' '
y een CI Y OF MERIDIAN, a Municipal corporation of the State of
Idaho, hereinafter referred to as "CITTY", and ~ ~ ~ ~., as
hereinafter def ned and hereinafter referred to as "SEWER/WATER USER".
1. RECITALS:
1.1 WHEREAS, "Sewer/V~ater User" is the sole owner, in law and/or in
equity of certain tract of land in the County of Ada, State of Idaho,
described in Exhibit "A", which is attached hereto and by this reference
incorporated herein as if set forth in full, hereinafter referred to as the
"Property"; and
1.2 WHEREAS, Idaho Code §50-323, provides and empowers cities to
establish, create, develop, maintain and operate SewerlWater systems; and
1.3 WHEREAS, "City" operates and maintains and develops as SewerlWater
system; and
1.4 WHEREAS, the "City" has enacted an ordinance governing its
Sewer/Water system codified in Meridian City Code § 9-4-2b and 9-1-1 b;
and
1.5 WHEREAS, the "Sewer/Water User" is the owner of "Real Property"
hereinafter described which is presently located outside of the city limits
of the "City"; and
l.b WHEREAS, the "SewerlWater User" is desirous of obtaining connection
to the Sewer/Water to serve the "Real Property" and the "City" is willing
to provide that connection to the Sewer/Water service to the "Sewer/Water
User" subject to the terms and conditions and consideration of this
agreement, and it is specifically agreed that as a specific consideration of
the "City's" willingness to enter into this agreement that the "City's"
"Ordinance" and "Policy/Regulations" which govern its Sewer/Water
system be included as terms and conditions of this agreement and that the
AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S
SEWER/ WATER SYSTEM OUTSIDE THE CITY LIMITS
"Sewer/Water User" provide perpetual consent to annexation of the "Real
Property" in to the "City".
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:
2.1 "City": means and refers to the City of Meridian, County of Ada, State of
Idaho.
2.2 "Sewer/Water User": means and shall refer to and/or the person who is
the owner of the real property.
2.3 "Real Property": means and shall refer to certain parcel(s) of real
property located in the County of Ada, City of Meridian as described in
Exhibit "A", attached hereto and by this reference incorporated herein as if
set forth at length together with improvements thereon.
2.4 "Ordinance": means and shall refer to the City's ordinances that appertain
to the regulation and control and use of its Sewer/Water system presently
at Meridian City Code § 9-4-2b and 9-1-1 b, and this definition specifically
includes any prospective amendments and/or recodifications to said
ordinance or any parts thereof, and shall also refer to any other ordinance
of the City of Meridian governing the "Sewer/Water System".
2.5 "Policy/Regulations": means and shall refer to any City Council enacted
policyand/or regulation ofits Sewer/Water system.
Z.b `~ewer/Water System": means and shall refer to the City's Sewer/Water
system.
NOW THEREFORE, inconsideration of the covenants and conditions set forth
herein, the parties agree as follows:
3. INCURPURATIUN OF RECITALS:
That the above recitals are contractual and binding and are incorporated herein as
if set forth in foil.
AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S
SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS
2
4. PROVISION OF SEWER/wATER HOOKUP SERVICE:
The "City" agrees to authorize a connection to the "Sewer/water System" to
service the "Real Property" subj ect to the terms and conditions of this Agreement.
5. CONDITIONS AND REQ~MENTS OF SEWER1wATER USER FOR
THE HOOKUP OF THE SEWER/WATER LINE TO THE REAL
PROPERTY:
5.1 The Sewer/water user shall be responsible for all costs associated with the
preparation of construction plans, acquisition of necessary easements, and
all costs of construction. The hookup and assessment costs relative to the
"Sewer/water System" connection shall be the responsibility of the
"Sewerlwater User".
5.2
5.3 The Sewerlwater user shall be responsible to construct a 12 inch water
main that will be located in E Amity Road to and through the Developers
own property.
5.4
. .
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5~~~~r-per:
5.5 The Sewer/water user shall pay all Sewer/water assessments prior to
receiving City services.
5.6 . .
The Sewerlwater user has fulfilled their obligation to comply with the
City's "to and through" policy and therefore will not be responsible to
construct or participate in any costs associated with any future sewer main
located in E. Amity Road along the user's frontage.
AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S
SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS
3
5.7 The Sewerlwater user shall post a Surety in the amount of
$ $8,887.50__. ' '
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' ' ' ' .This Surety
can be used by the City of Meridian for construction costs associated with
sewer services to The Sewer/water user. Including but not limited to
Sewer trunk main in Meridian and Victory Road.
6. ORDINANCE APPLICATION:
The "Ordinance" and "Policy/Regulations" apply to the Sewer/water service and
connection and are herein incorporated as specific terms of this agreement and at such time or
times as the "Ordinance" andlor "Policy/Regulations" is/areamended or recodified, this
agreement is automatically amended in accordance therewith.
7. ANNEXATION:
At such time as the real property becomes legally eligible for annexation into the
"City", the "Seweriwater User" herein gives consent to such annexation, agrees to pay the
annexation application fee, agrees to apply for annexation, and diligently pursue annexation into
the City. This provision of this Agreement is a written request and application for such
annexation in accordance with I.C. § 50-222 or any amendments or recodification of said statute.
8. HOOKUP AND SERVICE FEES:
The charges for hookup, inspection, and service fees shall be in accordance with
the provisions of the "Ordinance" andlor "Policy/Regulations" as are applicable for real
properties outside of the city limits.
9. REQUIREMENT FOR RECORDATION:
"City" sha11 record either a memorandum of this Agreement or this Agreement,
including all of the Exhibits, at "Sewer/water User" cost, and submit proof of such recording to
"Sewerlwater CJser".
10. DEFAULT:
default.
Any failure to perform the terms and conditions of this agreement shall be a
AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S
SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS
4
1 1. REMEDIES:
11.1 This Agreement shall be enforceable in any court of competent jurisdiction
by either "City" or "SewerlWater User", or by any successor or successors
in title or by the assigns of the parties hereto. Enforcement maybe sought
by an appropriate action at law or in equity to secure the specific
erformance of the covenants, agreements, conditions, and obligations
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contained herein. In addition, remedies available to the City Include but
are not limited to, termination of Sewer/Water service to all users located
on the real property covered by this agreement.
11.2 In the event of a default, written Notice of Default shall be served and
defaulting party shall then have thirty (30) days after delivery of notice of
default to correct the same before the non-defaulting party may seek any
remedy provided for herein.
11.3 In the event the performance of any covenant to be performed hereunder
by either "Sewer/Water User" or "City" is delayed for causes which are
beyond the reasonable control of the party responsible for such
performance, which shall include, without limitation, acts of civil
disobedience, strikes or similar causes, the time for such performance shall
be extended by the amount of time of such delay.
12. NOTICES:
12.1 Any notice desired by the partiesand/or required by this Agreement sha11
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, addressed as follows:
CITY:
c/o Public Works Duector
City of Meridian
660 E. Watertower, Suite #200
Meridian, Idaho 83642
PROPERTY OWNER:
Diamond View Assisted Living LLC
3570 E. Amity RD
Meridian, ID 83642
with copy to:
City Clerk
City of Meridian
33 E. Idaho Ave.
Meridian, Idaho 83642
AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S
SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS
5
12.2 A party shall have the right to change their address by delivering to the
other party a written notification thereof in accordance with the
requirements of this section.
13. 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's 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.
14. TIlVIE 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.
15. 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 off ce. This Agreement shall be binding on the owner of the
property, each subsequent owner and each 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.
16. 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 there from and the invalidity thereof
shall not affect any of the other provisions contained herein.
AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S
SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS
6
17. FINAL AGREEMENT:
This Agreement sets forth ail promises, inducements, agreements, condition and
understandings between "Sewerlwater User" and "City" rela~ve to the subject matter hereof, and
there are no promises, agreements, conditions or understanding, either oral or written, express or
implied, between "Sewer/water User" and "City", other than as are stated herein. Except as
herein otherwise provided, no subsequent alteration, amendment, change or addition to this
Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them
or their successors in interest or their assigns, and pursuant, with respect to "City", a duly
adopted resolution of "City".
18. TERMINATION:
At such time as the "Real Property" is annexed into the City, this agreement shall
terminate except for any default that exists at such time shall still be enforceable pursuant to the
terms of this agreement.
19. EFFECTIVE DATE:
Agreement.
This Agreement shall be effective at such time as both parties have executed this
AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S
SEWER/ WATER SYSTEM OUTSIDE THE CITY LIMITS
7
ACKNOwZ~DGMENTs
IN WITNESS ~VHEREQF, the parties have herein executed this agreement and
made it effective as hereinabove provided.
Property Owner
Gr1 .~~
Name:
CITY OF MERIDIAN
f ~ ' BY'
MA 0 TANIlVIY DE WEERD
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ATTEST: ~~~~ ~ ~~ ~~~~~,
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APPROVED BY COUNCIL ON: ~~`~ ~` .~~~
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STATE OF IDAHO, }
County of Ada)
ss.
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On this _~ ___ da of
Y , in the year 20 !l ,before me,
the undersigned, a Notary Public, personally appeared ~a known or identified to me
to be the property owner, who executed the instrument.
IN ASS WHEREOF, I have hereunto set my hand and affixed my official
seal, the day and year in this certificate first above written.
AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S
SEWER/ WATER SYSTEM OUTSIDE THE CITY LIMITS
8
Notary Pu is for Idaho
Residing at: '
My Commission xpires: ~ • / • ~~ ,
STATE OF IDAHO, )
County of Ada
ss.
On this ~_ day of ~P ~r~ ~ , in the year 20~, before me,
the undersigned, a Notary Public, personally appeared ~'AI4fiVIY DE WEERD and JAYCEE
HOI~IMA N., known or identified to me to be the Mayor and Clerk, respectively, of the City of
Meridian, who executed the instrument or the persons that executed 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.
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AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S
SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS
9