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HomeMy WebLinkAboutAgreement for Extension of Domestic Water and Sewer Services outside of City Limits 2425 E Ustick~~i~E IDIAN~- Public I D A H O Works Department T0: Mayor Tammy de Weerd Members of City Council FROM: Austin Petersen, EIT -Transportation and Utility Coordinator Mayor Tammy de Weerd City Coaneil Mlmber~: Keith Bird Brad Hoaglun Charles Rountree David Zaremba DATE: September 25, 2013 SUBJECT: AGREEMENT FOR EXTENSION OF DOMESTIC WATER AND SEWER SERVICE OUTSIDE MERIDIAN CITY LIMITS: 2425 E. USTICK ROAD I. RECOMMENDED ACTION A. Move to: 1. Approve the Agreement for Extension of Domestic Water and Sewer Services Outside Meridian City Limits at 2425 E Ustick Rd Meridian, ID 83646. 2. Authorize the Mayor to sign the agreement. II. DEPARTMENT CONTACT PERSONS Austin Petersen, Transportation and Utility Coordinator (PM) 489-0352 Warren Stewart, PW Engineering Manager 489.-0350 Tom Barry, Director of Public Works 489-0372 III. DESCRIPTION A. Background The Idaho Transportation Department will widen Ustick road between Locust Grove and Leslie Way to five lanes with curb, gutter, detached sidewalk and bike lanes. During construction the septic tank belonging to Mr. Mike and Mrs. Andrea Magee must be removed. B. Proposed Project In order to provide continued sanitary service for the Magee family, ACRD will connect the Magee's property to the City of Meridian water and sewer systems. As part of the agreement, the user has provided perpetual consent to annexation of the subject property into the City of Meridian. Page 1 of 2 IV. IMPACT A. Strate ig c Impact: This project is aligned with the Public Works objective of closing gaps in our service and delivery area. B. Service/DeliverXIrnpact: The impact to the sewer and water systems that results from the addition of a single household is negligible. C. FiscalImpact: None, ACRD will pay for the labor and materials required to attach the sewer and water services. V. TIME CONSTRAINTS Execution of the attached agreement is required to provide Mr. and Mrs. Magee with sewer and water services after construction starts on Ustick Road. ACRD plans to start construction on this project in January of 2014 VI. LIST OF ATTACHMENTS ,~ Agreement for Extension o D estic ter and Sewer Services Outside Meridian City Limits: 2425 E Ustick Rd Approved for Council Agenda: Z D to Page2of2 ~~i~E IDIAN~-- ~y~lC IDAHO li Works Department Mayor Tammy de Weerd City Coandl Members Keith Bird Brad Hoaglun Charles Rountree David Zaremba AGREEMENT FOR EXTENSION OF DOMESTIC WATER AND SEWER SERVICE OUTSIDE MERIDIAN CITY LIMITS: 2425 E Ustick Rd (S~ THIS AGREEMENT FOR EXTENSION OF DOMESTIC WATER AND SEWER // SERVICE OUTSIDE MERIDIAN CITY LIMITS is made this ~ day of ~ Cr~v ~ ~ 201, by and between 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 (hereinafter "City"), and Ms. Andrea Magee, whose mailing address is 2425 E Ustick Rd, Meridian, Idaho (hereinafter "User") (collectively, "Parties"). WHEREAS, User is the owner of parcel numbered S 1105120769 with an address of 2425 E Ustick Rd, Meridian, Ada County, Idaho, as depicted in Exhibit A hereto (hereinafter "Subject Property"), which real properties are located outside of Meridian City limits; WHEREAS, 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 Ustick Locust Grove to Leslie, a roadway project by the Ada County Highway District ("ACRD") 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 sufficiency 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: I. DEFINTIQNS. 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: Page 1 of 5 A. "ACRD" shall mean the Ada County Highway District, a ublic bod cor orate and p Y p ,politic, organized under the laws of the State of Idaho, whose address is 3775 Adams St. Garden City, Idaho 83714. B. "Agreement" shall mean the instant Agreement for Extension of Domestic Water and Sewer Service Outside Meridian. City Limits. C. "User" shall mean Ms. Andrea Magee, the sole owner in law and equity of. Subject Property as of the Effective Date of this Agreement, whose mailing address is 2425 E Ustick Rd, 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 fast Broadway Avenue, Meridian, Idaho. E. "Parties" shall mean, collectively, City and User. F. "Subject Property" shall mean the parcel numbered S110512o7b9 with an address of 2425 E tlstick Rd, Meridian, Ada County, Idaho, As of the Effective Date, the Subject Property has not been annexed into the City of Meridian and is therefore outside of Meridian City limits. II. COMMITMENTS BY CITY. ,~'""r, 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 bi 11 User monthly for sewer and water usage according to the metering, accounting, and billing system in place under Meridian City Code and the policies 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. III. COMMITMENTS BY USER. A. Fayment 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 ACRD fails to pay such fees or any portion thereof, User shall pay all such outstanding fees to City and may seek remuneration from ACRD at User's election. Upon connection to the City's sewer and/or water system,, User shall pay to City all applicable fees and costs far 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 Agreement, this provision shall be bindin g AGREEMENT FOR EXTENSION OF DOMESTIC WATER AND SEWER SERVICE OUTSIDE MERIDIAN CITY LIMITS PAGE 2 OF S B, upon User and upon any and all successors in interest of User and/or to the Sub'ect Prope ~ ~Y~ C. No cross-connection. User shall abide by and comply with an and all a licable Y pp provisions of law, which shall specifically include, but shall not be limited to, com Hance with Cha ter 3, Title 9 Meridian Ci p P ~ ty Code and/or any anal all similar ordinances subsequently adopted, which prohibit the installation and/or maintenance of a cross- connection to the City's water system. This provision shall be binding upon User and upon any and all successors in interest of User and/or to the Subject Property. D. Consent to annexation, User- specifical ly agrees that; as- a specific consideration of City's willingness to enter into this Agreement, User shall, and hereby does, ravide P perpetual consent to annexation of the Subject Property into the City of Meridian. This provision shall comprise evidence of User's consent to annexation as to the Subject Pro e and shall be bi ~ p ~}', nding upon all subsequent purchasers, heirs, or assigns of the Subject Property. Notwithstanding any other provision. of this. Agreement, this rovision. p shall be binding upon User and upon any and al(successors in interest of User and/oi• to the Subject Property. E. Consent to entry. User shall, and hereby does, provide perpetual consent and access to the City to enter the Subject Property for the purpose of inspecting any and all sewer. and/or water pipes, connections, and related infrastructure. Except as to routine meter readings or in the event of an imminent or realized threat to the ,public health, safety, or .~ welfare, City shall provide User at least twenty-four (24) hours prior notice of such entry; such notice may be verbal or written and may be posted atone (1} of the Subject Property. IV. GENERAL PROVISIONS. 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 party may serve a written Notice of :Default upon the defaulting party by the method set forth herei:n..Except in case of~an i:mmi:nent or realized threat to the public health, safet , y or welfare, the defaulting pa~•ty 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 provision 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 successor(s) in interest thereof, An action at law or 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 of sewer and/or water service to User, to any successors} in interest, and/or to any sewer or water user located on the Subject Property. 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 AGREEMENT FOR EXTENSION Or DOMESTIC WATER AND SEWER SERVICE OUTSIDE MERIDIAN CITY LIMITS PAGE 3 of 5 follows: City: City of Meridian Attn: Public works Department Director 33 E. Broadway Ave. Meridian, Idaho 83642 User: Ms. Andrea Magee 2425 E Ustick Rd Meridian, Idaho 83642 Either Party may change its address for the purpose of this section by deliverin to the other Pa written notifcati n g ~y o of such change, establlshing 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 strictl of the Y 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 specif tally 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 an wa revent the Y YP 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 tom etent p jurisdiction, such provision shall be deemed to. be exised herefrom anal the invalidit Y 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 alia, 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 or implied, between City and User, other than as are stated herein. Except as otherwise specif tally provided herein, no subsequent alteration, amendment, change, or addition to this Agreement shall be binding upon the Parties unless set forth in writing and duly executed by both Parties or their successors in interest, I. Non-waver. Failure o.f either. Party to promptly enforce the strict performance of an. Y term of this Agreement shall not constitute a waiver or relinquishment of any Party's AGREEMENT I~OR EX'I`ENSCON OF DOMESTIC WATER AND SEWER SERVICE OtrrSiDE MERIDIAN CITY L1M1TS PAGE 4 OF S right to thereafter enforce such term, and any right or remedy hereunder may be asserted at any time after either party becomes entitled to the benefit thereof, notwithstanding delay in enforcement. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law 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 water systems, and any prospective amendments to and/or recodifications thereof, are specifically and without limitation incorporated into this Agreement as if set forth fully 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 opportunity to seek such advice. L. Approval Required: This Agreement shall not become effective or binding until approved by the City Council of the City of Meridian. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this /~ day of se~fQ~ b~e ~^ , 2013 . USER: STATE OF IDAHO ) ss: County of ~Cl ) ~~, I HEREBY CERTIFY that on this !off day of See f, , before the undersigned, a Notary Public in the State of Idaho, personally appeared jY); Ke a ~hd~ca )"l'l~y'C'~ ,proven to me 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 ove written. ~i_ ~ for Idaho ,Idaho CITY OF MERIDIAN: BY: eerd, Mayor ~ ~ ~~~• I~~~M~ 4~~~N~LD .~ I/~;~ T~ G ~~~ R .4 (,Iry' OIL Expires: ~C( CJ a ~ , o~ D l G L. Holman, City Clerk .- ~II'Al. ~~ AGREEMENT FOR EXTENSION OF DOMESTIC WATER ~`2r ~~ AND SEWER SERVICE OUTSIDE MERIDIAN CITY LIMITS PA ~'D$ ~, r ~ t ~S<~~~