HomeMy WebLinkAboutAgreement for Extension of Domestic Water and Sewer Services outside of City Limits 1370 E UstickAGREEMENT FOR EXTENSION OF DOMESTIC 'WATER AND SEWER SERVICE
OUTSIDE MERIDIAN CITY LIMITS: 1370 E. Us~ick Rd Meridian 83646
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This AGREEMENT FOR EXTENSION OF DOMESTIC WATER AND SEWER
SERVICE OUTSIDE MERIDIAN CITY LIMITS is made this-~~la of 2013 b and
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between the City of Meridian, a municipal corporation organized under the laws of the State of Id<~ho
whose address is 33 East Broadway Avenue, Meridian, Idaho (hereinafter "Ci " ,and Mike and Leslie
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Trail whose mailing address is 13 70 E. Ustick Rd, Meridian, Idaho (hereinafter "User" collectivel
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"Parties").
V~VHEREAS, User is the owner of parcel numbered 50531449105 with an address of 137o E.
Ustick Rd Meridian 83d4f, Meridian, Ada County, Idaho, as depicted in .Exhibit. hereto (hereinafter
"Subject Property"), which real properties are located outside of Meridian City limits;
'~VIKEREAS, the City is authorized by Idaho Code section 50-323 to develop, operate, and
maintain a domestic water supply, and to protect the same from contamination, and the City does
exercise such authority, including by the adoption and enforcement of Title 9, Chapters 1 and 4,
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 ~~~4, a roadway project by the Ada County Highwa District
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("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 su#ficiency 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:
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.
AGREEMENT FOR EXTENSION OF DOMESTIC WATER
AND SEWER SERVICE QUTSIDE MERIDIAN CITY LIMITS
PAGE 1 OF 6
B. "Agreement" shall mean the instant Agreement for Extension of Domestic water and Sewer
Service Outside Meridian City Limits.
C. "User" shall mean Mike and Leslie Trail, the sale owners in law and a ui of Sub' ect Pro
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as of the Effective Date of this Agreement, whose mailing address is 13?0 E. Ustick Rd
Meridian 83646, 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 the parcel numbered X0531449105 with an address of 1370 E.
Ustick Rd Meridian 83646 Meridian, Ada County, Idaho. As of the Effective Date, the Subject
Fro~rty has not been annexed into the City of Meridian and is therefore outside of Meridian
City limits.
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 Clty Code and the pollcleS and
practices of the City of Meridian.
C. Recordation. This Agreement shall be executed in duplicate, and City shall record such
Agreement against each parcel, and shall submit proof of such recordings to User.
A. Payment for City services. User shall be responsible for ensuring that ACRD 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 an~/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
AGREENI[ENT FOR EXTENSION OF DOMESTIC WATER
AND SEWER SERVICE OUTSIDE MERIDIAN- CITY LIMITS
PAGE 2 of 6
Agreement, this provision shall be binding upon User and upon an and all successors in
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interest ofUserand/or to the Subject Property.
B, loo cross-connection. User sha11 abide by and comply with any and all a liable rovisions
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of law, which shall specifically include, but shall not be limited to, com Hance with Cha ter 3
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Title 9, Meridian Ciry Code and/or any and all similar ordinances subsequent/ ado ted, which
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prohibit the installation and/or maintenance of across-connection to the City's water stem.
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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 rota this Agreement, User shall, and hereby does, provide perpetual consent
to annexation of the Subject Property into the City of Mei~dian. This provision shall comprise
evidence of User's consent to annexation as to the Subject Property, and shall be binding upon
all subsequent purchasers, heirs, or assigns of the Subject Property. Notwithstanding~ny other
provision of this Agreement, this provision shall be binding upon User and upan 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 Subj ect Property for the purpose of inspecting any and all sewerand/or water
pipes, connections, and related infrastructure. Except as to routine meter readings or in the
event of an eminent or realized threat to the public health, safety, or welfare, City shall
provide User atleasttwenty-four (24}hours prior notice of such entry; such notice may be
verbal ar written and may be posted at one t 1) of the Subject Property.
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 parry may
serve a written Notice of Default upon the defaulting party by the method set forth herein.
Except in case of an eminent 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 provisian 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 successors} in interest thereof. An action at law ar 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 ofsewerand/or water service to User,
to any successor(s) in interest, and/or to any sewer or water user located on the Subject
Property.
AGREEMENT F4R EXTENSION OF DfJMESTIC WATER
AND SEWER SERVICE OUTSIDE MERIDIAN CITY LIMITS
PAGE 3 of b
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 (allows:
City: City of Meridian
Attn: Public Works Depaa~tment Director
3 3 E. Broadway Ave.
Meridian, Idaho 83642
User: ~:I~~; ~ I
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Meridian, Idaho 83642
Either Party may change its address far the purpose of this section by delivering to the other
Party written notiftcation 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
olio, 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
AGREEMENT FQR ExTENSI~N OF DQMESTIC WATER
AND SEWER SERVICE OUTSIDE MERIDIAN CITY LIMITS
PAGE 4 OF 6
or implied, between City and User, other than as are stated herein. Exce t as otherwise
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specifically provided herein, no subsequent alteration, amendment, chan e, or addition to this
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Agreement shall be binding upon the Parties unless set forth in writin and dul executed b
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both Parties ar them successors in interest.
I. Non-waiver. Failure of either Party to promptly enforce the strict rformance of an term of
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this Agreement snail not constitute a waiver ar relinquishment of any P 's ri t to thereafter
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enforce such term, and any right or remedy hereunder may be asserted at an time after either
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p~~rty becomes entitled to the benefit thereof, notwithstanding delay in enforcement. Ali ri hts
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and remedies herein enumerated shall be cumulative and none shall exclude any other ri ht or
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remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed
bylaw shall not be to the exclusion of any other remedy.
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 waters stems, and an ros ective
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amendments to and/or recodifications thereof, are specifically and without limitation
incorporated into this Agreement as if set forth filly 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 opportianity to seek such advice.
L. Approval Required: This Agreement shall not become effective ar binding until approved by
the City Council of the City of Meridian.
IN WITNESS V~VHEREt~F, the parties hereto have executed this Agreement on this nth day of
August, 2013.
USER:
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O~- tDANQ~~
STATE OF IDAHO )
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Coon of C~..OL.
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I HEREBY CERTIFY that on this ~ da of ~~ l~
before the undersigned, a Notary Public in the State o Idaho,
appeared ~- ~ ~, ~ proven tome to
be the person who executed the said instrument, and acknowledged to
me that he 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
Wl~tten.
Pu for Idaho
Residing at ~ ,Idaho
AGREEMENT FOR EX'T'ENSION OF DOMESTIC WATER
AND SEWER SERVICE OUTSIDE MERIDIAN CITY LIMITS
PAGE 5 of b
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CITY OF MERIDIAN:
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Tammy de W r , Ma or ^ :. } •
Y . ,,AS~~~~ ~U~~: cee .Holman, City Clerk
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AGREEMfENT FOR EXTENSION OF DOMESTIC WATER
AND SEWER SERVICE OUTSIDE MERIDIAN CITY LMTS
PAGE 6 of 6