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HomeMy WebLinkAboutAgreement for Hookup Sewer with Everett, Marvin L. for Services Outside City Limits ADA CDUNTY RECDRDER J. DAVID NAVARRO , BOISE IDAHO 12/02103 09:25 AM DEPUTY Joanne Hooper RECORDED-REQUEST OF MERIDIAN CITY AMOUNT .00 AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER SYSTEM OUTSIDE THE CITY LIMITS 1111111111111111111111111111111111111 103199991 THIS AGREEMENT is made and entered into this A day of-\\ (\\~ 20&, by and between CITY OF MERIDIAN, a Municipal corporation of the State ofIdaho, hereinafter referred to as "CITY", and Marvin L. Everett, as hereinafter defined and hereinafter referred to as "SEWER USER". 1. RECITALS: 1.1 1.2 1.3 1.4 1.5 1.6 WHEREAS, "Sewer User" is the sole owner, in law and/or in equity of certain tract ofland in the County of Ada, State ofIdaho, 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 WHEREAS, Idaho Code §50-323, provides and empowers cities to establish, create, develop, maintain and operate Sewer systems; and WHEREAS, "City" operates and maintains and develops a Sewer system; and WHEREAS, the "City" has enacted an ordinance governing its Sewer system codified in Meridian City Code § 9-4-26 and 9-1-16; and WHEREAS, the "Sewer User" is the owner of "Real Property" hereinafter described which is presently located outside of the city limits of the "City"; and WHEREAS, the "Sewer User" is desirous of obtaining connection to the Sewer to serve the "Real Property" and the "City" is willing to provide that connection to the Sewer service to the "Sewer User" subject to the terms and conditions and consideration ofthis 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 "PolicylRegulations" which govern its Sewer system be included as terms and conditions of this agreement and that the "Sewer 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 dermed 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 User": means and shall refer to the person or entity who is the page \ nf'l 2.3 2.4 2.5 2.6 owner of the real property. "Real Property": means and shall refer to certain parcel(s) of real property located in the County of Ada, State ofIdaho as described in Exhibit "A", attached hereto and by this reference incorporated herein as if set forth at length, together with improvements thereon. "Ordinance": means and shall refer to the City's ordinances that appertain to the regulation and control and use of its Sewer system presently at Meridian City Code § 9-4-26 and 9-1-16, 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 System". "PolicylRegulations": mèans and shall refer to any City Council enacted policy and/or regulation of its Sewer system. "Sewer System": means and shall refer to the City's Sewer system. NOW THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 3. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 4. PROVISION OF SEWER HOOKUP SERVICE: The "City" agrees to provide a connection to the "Sewer System" to service the "Real Property" subject to the terms and conditions of this Agreement. 5. CONDITIONS AND REQUIREMENTS OF SEWER USER FOR THE HOOKUP OF THE SEWER LINE TO THE REAL PROPERTY: The hookup and assessment costs relative to the "Sewer System" connection shall be the responsibility of the "Sewer User". Additionally, the "Sewer User" shall be required to hook up to the City water service at the time of annexation. 6. ORDINANCE APPLICATION: The "Ordinance" and "PolicylRegulations" apply to the Sewer service and connection and are herein incorporated as specific terms of this agreement and at such time or times as the "Ordinance" and/or "PolicylRegulations" is/are amended or recodified, this agreement is automatically amended in accordance therewith. Page A nf~ 7. ANNEXATION: At such time as the real property becomes legally eligible for annexation into the "City", the "Sewer 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. Provided, however, that Owner shall not be required to apply for annexation, and pay the required fees for such application, until October 14, 2008, or until Owner transfers all or part of the property or enters into an agreement to transfer all or part of the property to any party other than Ada County Highway District, whichever event occurs first. Future City Councils, in their sole and absolute discretion, may extend the deadline for annexation for a period not to exceed an additional five (5) years to October 14, 2013. Any extension must be in writing and must be recorded to be effective. 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" and/or "PolicylRegulations" as are applicable for real properties outside of the city limits. 9. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "SewerUser" cost, and submit proof of such recording to "Sewer User". 10. DEFAULT: Any failure to perform the terms and conditions of this agreement shall be a default. 11. REMEDIES: 11.1 This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "SewerUser", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. In addition, remedies available to the City include but are not limited to, termination of Sewer 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 defaultingparty 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. pag~LL 11.3 In the event the performance of any covenant to be performed hereunder by either "Sewer 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 12.2 Any notice desired by the parties and/or required by this Agreement shall 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: PROPERTY OWNER: c/o Meridian City Engineer Marvin L. Everett City of Meridian 785 S. Locust Grove Road 660 E. Watertower Lane, Suite #200 Meridian, Idaho 83642 Meridian, Idaho 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Ave. Meridian, Idaho 83642 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. 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. Page A\ nf ~ 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 office. 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 therefrom and the invalidity thereof shall not affect any of the other provisions contained herein. 17. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Sewer User" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Sewer 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 that if any default exists at such time, the agreement shall still be enforceable to the extent necessary to remedy such default. 19. EFFECTIVE DATE: This Agreement shall be effective at such time as both parties have executed this Agreement. ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. 1v/",n."':"'. 'J Marvm L. Everett ~Jt- page..5-.0iL- CITY OF MERIDIAN ATTEST: ~ a'e-Iv~ >ú-.-+¡ c,,;¡, Co~ SATE OF IDAHO, : ss. County of Ada) );.O On~21~daYOf /)t-nJ¡:1£L ,intheyear2~beforeme, , II ",' ") rWlf '::J /V1~ , a Notary Public, personally appeared, ;v:?/A£.\ipJ, t, bvef'¿11¡ known or identified to me to be the individual who executed the instrument or the person that executed the instrument on behalfofsaid corporation, and acknowledged to me that such corporation executed the same. \\\~IWlt~SS WHEREOF, I have hereunt seal, the dQ~~ear in 'ð-,,¡.I! certificate first a . en " to"'.:::::""""." " ~'A,. /;11. y...... ~ (SEAJ#~ ¡...r 0 \ i ~ ' . :: = iO ;;;¡ i a ê taryPubhc or 0 -; ... \'f, ~ ¡!4. i esiding at: '¿t'.f'6 \, P ~~,.:. ø l My Commission Expires: ""'" 'AU;'.. ,I"~"~ """""".."" STATE OF IDAHO, ) County of Ada ) Onthis~dayof Nov~ , in the year 20 ð.3, before me, ~ gV'v'\.i ~ , a Notary Public, personally appeared ~~E,a:1 ~t~~~::~~:~'e~~~o~:~::~~t~; ~e b:e:~_cn f~ RiM executed the instrument on behalf of said City, and acknowledged to me that such City executed the same. : ss. page..lLot1- IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. . (SEAL) .."... ..ON S..t..:! ..~------=::y',"" ..~,:;:O 'tAJl;:.~.. .c-;¡, .::: '\ .. . ' .. ~ t L : . \ . ". \, br-J.C.-;.ø,.. ..d'.ðì~~.;;;t>Y... ..:..".u0l""'" ." ........ 2hM m Snu~ Notary Public for Idaho Residing at: 1A-da.j/)Ú~JdcJw My Commission Expires: ~2t--o,c:; p~ ,>,', EXHIBIT "An Agreement for Sewer Connection w/ Marvin L. Everett Subject Property: Ada County Tax Parcel No. 81118142200 785 South Locust Grove Road P~LL Meridian City Council Meeting November 12, 2003 Page 2 of 63 A. Findings of Fact and Conclusions of Law for Approval: AZ. 03- 015 Request for annexation and zoning of 9.8 acres from RUT to R- 8 zones for proposed Saaeland Planned Development by Quasar Development, LLC - northeast corner of South Locust Grove Road and East Victory Road: B. Findings of Fact and Conclusions of Law for Approval: PP 03- 020 Request for revised Preliminary Plat approval of 41 building lots and 9 other lots on 10.64 acres in a proposed R-8 zone for proposed Saaeland Planned Development by Quasar Development, LLC - northeast corner of South Locust Grove Road and East Victory Road: C. Findings of Fact and Conclusions of Law for Approval: CUP 03- 036 Request for Conditional Use Permit for a Planned Development with a private neighborhood park in an R-8 zone for proposed Saaeland Planned Development by Quasar Development - northeast corner of South Locust Grove Road and East Victory Road: D. Approve Liquor License Application for Corona Villaae - 21 East Fairview Avenue: E. Water Main Easement for New Academy High School - Joint School District No.2: F. Approve Agreement for Hookup to City Sewer System Outside City Limits by Marvin Everett: G. Water Line Crossing Agreement with Bureau of Reclamation and Tuscanv Development for Messina Village Subdivision: De Weerd: Item Number 3. Consent Agenda. Bird: Madam President? De Weerd: Mr. Bird. Powell: Madam President? Bird: Yes. Powell: Before Mr. Bird wants to make a motion, the findings for Sageland. when you approved it, -- they are not ready. I'm sorry that I didn't get that to you before. Those are not ready. Bird: Item C? Powell: Items A, Band C are not ready. They were supposed to get a revised site plan that I approved and they have not done that yet. Meridian City Council Meeting November 12, 2003 Page 3 of 63 Bird: Madam President? De Weerd: Mr. Bird. Bird: On the Consent Agenda, I move that we pass the Consent Agenda. with the exceptions of items A, B, and C, which is Sageland Planned Development. AZ 03-015, PP 03-020, and CUP 03-036, and approve the rest of the Consent Agenda and for the President of the Council to sign and the Clerk to the attest on all proper papers. Nary: Second. De Weerd: Okay. Would you move those until November 18th? Is that sufficient? Nary: We can do that after. Bird: We can do that afterwards, can't we? Powell: Madam President, I'm not clear what happens when it comes off the Consent Agenda. Does it just get put on later or do you need to table it to a date certain? Because I don't how close, we are to having an approved plan. De Weerd: Mr. Berg? Berg: Madam President, Members of the Council, we have always been instructed if you take something off the agenda. to put it to a date certain, so that it doesn't fall away. This has been on the agenda and acknowledged on the agenda, so people that might be in the audience or out in the public that would want to know when the next time is going to be discussed. it would be good to have it for a date. De Weerd: Thank you. Bird: Madam President? De Weerd: Mr. Bird. Bird: So, can we -- can't we pass the -- what we have already got the motion for and, then. we can come back and continue these to a date certain? I agree. I think Bill has always had us go to a date certain. Anna needs to give us a date certain when it -- what's the hold up on it? De Weerd: The plat. Powell: There were changes that they were supposed to make to accommodate landscape islands on the street. Bird: That hasn't been done yet?