HomeMy WebLinkAboutAgreement for Hookup to Sewer and Water with Williamson, John F. and Diana L. for Hookup outside of City LimitsAGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER
SYSTEM OUTSIDE THE CITY LIMITS
THIS AGREEMENT is made and entered into this~``day of
~~.~Yy'~..~.~~ , 2000, by and between CITY OF MERIDIAN, a Municipal
corporation of the State of Idaho, hereinafter referred to as "CITY", and JOHN F.
WILLIAMSON and DIANA L. WILLIAMSON, husband and wife, as hereinafter
defined and hereinafter referred to as "SEWER USER".
1. RECITALS:
1.1 WHEREAS, "Sewer 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 Sewer systems;
and
1.3 WHEREAS, "City" operates and maintains and develops, as
Sewer system; and
1.4 WHEREAS, the "City" has enacted an ordinance governing its
Sewer system codified in Meridian City Code § 9-4-26; and
1.5 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
1.6 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 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 system be included
AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN`S
SEWER SYSTEM OUTSIDE THE CITY LIMITS - 1
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 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 User": means and shall refer to John F. Williamson and
Diana L. Williamson, husband wife, 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
system presently at Meridian City Code § 9-4-26, 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".
2.5 "Policy/Regulations": means and shall refer to any City Council
enacted policy and/or regulation of its Sewer system.
2.6 "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:
AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN`S
SEWER SYSTEM OUTSIDE THE CITY LIMITS - 2
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.
Future Water Connection: Upon transfer of this property to any other
person, or upon change in use of the real property, the owner, their successors or
assigns, shall at their expense make connection to the City water system and pay all
fees associated therewith. Failure to make the water connection will be grounds for
discontinuance of City sewer service.
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".
The "Sewer User" shall be required to enter ' to a Lien Agreement for a
period of three years, commen 'ng on the L,~f`' day of ~~~~/.~L , 2000, and
ending on the _~ day of ~ C'e ~yt ~-GL , 2003. Payments shall be in the
amount of $193.66 per month, with interest thereon at the rate of 6.5% accruing
from the time of contract signing, until paid in full. Payments shall be due on the
same day of each subsequent month thereafter. "Sewer User" shall pay service
charges and fees per § 9-4-24. Said Lien Agreement is attached hereto as Exhibit "B".
Additionally, the "Sewer Assessment Checlc List" shall be required and
followed, which is attached to the Lien Agreement. Said Sewer Assessment Checlc
List is attached hereto as Exhibit "B".
6. ORDINANCE APPLICATION:
The "Ordinance" and "Policy/Regulations" 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 "Policy/Regulations" is/are amended or
recodified, this agreement is automatically amended in accordance therewith.
AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN`S
SEWER SYSTEM OUTSIDE THE CITY LIMITS - 3
7. ANNEXATION:
The "SEWER USER" is required to immediately submit an application
for annexation of the "Real Property", which is a condition precedent to the "SEWER
USER'S" eligibility for the "Real Property" SEWER service connection fee within the
City limit rates. 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. 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 "Policy/Regulations" as are
applicable for real properties outside of the city linuts.
9. REQUIREMENT FOR RECORDATION:
"City" shall record either a memorandum of this Agreement or this
Agreement, including all of the Exhibits, at "Sewer User" 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 "Sewer User", 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
AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN`S
SEWER SYSTEM OUTSIDE THE CITY LIMITS - 4
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 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 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 John F. Williamson
City of Meridian Diana L. Williamson
33 East Idaho Ave. 10025 Sussex Drive
Meridian, Idaho 83642 Boise, Idaho 83704
with copy to: ,hi I~~ by address
City Clerk
City of Meridian
33 E. Idaho Ave.
Meridian, Idaho 83642
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
AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN`S
SEWER SYSTEM OUTSIDE THE CITY LIMITS - 5
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 tirnely 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 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 benefitted 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".
AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN`S
SEWER SYSTEM OUTSIDE THE CITY LIMITS - 6
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:
This Agreement shall be effective at such time as both parties have
executed this Agreement.
ACIQVOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this
agreement and made it effective as hereinabove provided.
John F. Williamson
Diana L. Williamson
CITY OF MERIDIAN
By. 4
R ROBERT D. CORRIE
ATTE
WILLIAM G. BERG,~jI
BY RESOLUTION NO
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AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN`S
SEWER SYSTEM OUTSIDE THE CITY LIMITS
-7
STATE OF IDAHO,
County of Ada
ss.
On this day of , in the year 2000, before me,
a Notary Public, personally appeared John F.
Williamson and Diana L. Williamson, husband and wife, known or identified to me to be the
persons who executed the instrument, and acknowledged to me that they 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.
(SEAL]
STATE OF IDAHO,
County of Ada
ss.
Notary Public for Idaho
Residing at:
My Commission Expires:
On this day of , in the year 2000, before me,
a Notary Public, personally appeared
ROBERT D. CORRIE and WILLIAM G. BERG, JR., 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.
(SEAL)
Notary Public for Idaho
Residing at:
My Commission Expires:
Z:\Work\M\Meridian\Meridian 15360M\Public
Works\WilliamsonWater&SewerHookup\SewerW aterHookupOutsideCityAgmt.wpd
AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN`S
SEWER SYSTEM OUTSIDE THE CITY LIMITS - 8
EXHIBIT "A"
Land situate in the Northwest corner of the North half of the Southwest
quarter of Section 20, Township 3 North, Range 1 East of the Boise
Meridian, described as follows:
Beginning at the Northwest corner of the Southwest quarter of Said
Section 20; thence
East 16 Rods; thence
South 15 Rods; thence
West 16 Rods; thence
North 15 Rods to the POINT OF BEGINNING.
AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN`S
SEWER SYSTEM OUTSIDE THE CITY LIMITS - 9
DE~:= 15 ' t]G1 14 ~ 42 FF' ~~ I T`r LiF MER I U I HhJ ~~8 ~~~? 4a 1.~ T~ 37~1.~~~8 P . k72.'~?4
~X~~~r~ ~
LIEN AGREEMENT
T1~IIS AGREEMENT made this day of ~ a , 2000 by and between the
CITY (~F MI;RiDIAN, a municipal corporation, hereinafter called CITY, and JOHN F
WILLi~MSON alid DIANA L. WiL.T~L4MSON hereinafter called OWNER.
1 • ~'ITY hereby authorizes, gams anal permits OWNER to connect the property situated at
Meridian, Idaho, hereinafter particttiarIy described, to and thereby discharge sewerage
therefrom rota CITY's sewage system in accordance with the terms, conditions anal
prc~visians contained i.n this Agreement. The property sa situated is particularly described
as follows:
Land situate in the Northwest corner of the North half of the Southwest
Qcarter of Section 20, Township 3 North, Range I East oftltc Boise
Meridian, described as follows:
Begitlrting at the Northwest corner oI"the Southwest. quarter of Said
.Section 2ca; thence
East 1 G Rods; thence
South I S Dods; thence
West l6 Rads; thence
North 15 Rods to the P41N~' OF BEGINNING.
2, Upon being so authorized, granted and permitted to connect to CIT•1''s sewage system,
OWNER hereby covenants and agrees that he/she shall be:
(a) Subject ta, and thereby shall submit to, the jurisdictional police -power of CIT'~r at
alI titncs tom and oiler the carulection to CITY's sewage system:
(b) Subject to, bound by and cpn-~,ply with all ordinances, rules axed regulations now in
force or as the same maybe hereinafter amended ar enacted relative to, among other
things, the «se of CITY's sewage system and user sen~ice and connection charges
and fees established and imposed upon all users to pay the costs and ecpenses of"the;
tnainte»:ance operation, repair, replacement, construction and reconstruction of the
sewage system; and
(cj ~.equired to obtain all licenses or penxtits which may be required in the performance
of this Agreement.
3. At own cost and expense, OWNER shall construct the private sewer line from the property
to the place or point of connection to the CITY sewer line in accordance with standards and
specifications required by building, plumbing and other pertinent codes, rules and
regulations established by CiTY', and in accordance with the inspectioat., supervision and to
the satisfaction of CITY.
~. Owner shall pay ser~~ice charges and fees prescribed by Section 9-4-24 of the City of
Meridian Code in the m~.zner and time therein provided.
UEC 15 ' ~7~~ 1~ ~ 44 FR ~~ I T`i' CIF P9E~ I U I AhJ 2i~,~ ,~~? ~E13 TO ~~S1388 P. ~.3.~ 4~4
The conmection charge is payable on ail annuity due basis with interest thereon at the rate of
6.5% accruing from the time of contract signing, in equal installments of $1.93.5b. The first
payment is due at the tune of contract signing and all subsequent payments are due an the
same day oT each subsequent. month hereinafter. QWNER is given the privilege oT
prepaying all ar any part of said connection fee at any time without penalty- Any
prepayment of the balance due, in whole ar in part, shall be credited first to interest an the
unpaid principal balance and the balance thereof shall be charged to the principal amount
then due and unpaid-
6. Fvr and upon behalf of, heirs, administrators, successors and assigns, OWNER covenants
and agrees that, if the installment payments provided and required by Paragraph 5 above
shall bc:coir~e delinquent or are not paid when due and payable, the said fees and charges
due and owing shall constitute a lien upon and against the property and premises above
described. At the opkian of CITY, the CIT'Y' inay cause such delinquent charges and Tees
to be certified to the Treasurer (ex-officio tax collector) of Ada County at the tune fixed by
law and such liens so certified shall be placed on the assessment rolls of Ada County anal
paid and collected. at the time; and in the manner general taxes arc levied, paid and
collected; and/or may disconnect and plug the sewer connections to the system; and/or may
pursue any legal rernedic;s available.
7. This Agreement shall be recorded and shall lie binding upon, heirs, administrators,
Si1cCESSDr~ and, aSS1gnS.
ACKNOV~LEDGEMEIr]TS
IN WITIVI~SS 'W1iEREOF, the parties have caused this instrument to be executed by its
duly authorized officers the day and year first above written.
~~` ~
Owner (Si~;Ilature)
Owner (Printed Name}
/`~ ' /
/' / , ~
'uvner (Signature)
~;.~ 1-,1~~~11~~ ~n~
Owner (Printed Name)
CITY F . ER1D
By_ ,
~~rs~rr~ rrrr-t-rrrr,
~:`~~~ C'{ Ar€Fp~~'r ~~, l~obert D. Carrie
Attest: `~` Ci ~o~°FW r~o 'v tfr
!ty Clerk, illian~ G. g, J) _ ~' 4~.~ _
LI~~~L~CjGL /`'~ C~/~L~ CiSf/i 9~~ l~ ~
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`,, Q,, "T 1ST
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9
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S'T~TE OF IDAHO }
j ss.
COLTNT~'' QF ADA )
Can this day Qf
personally appeared
knawn to me to be the person
acknowledged to me that they
me, a notary public in and for said state,
name(s) are subscribed to the within instrument, arcd
the same.
1-N 'WITNESS WHEREOF, I have hereunto set my hand and affixed my officio] sea] the da~r
and year first above writt~r.
,',
~' Notary Public for Idaho
Residing at ,Idaho
~ LC C~ f {~- ~ ~~ ~! ~~ ~ ~ ~ ~ My commission expires:
~ ~ ~
STATE OF i[~AHO j
ss.
COUNTY OF IDAl~O )
r~
On this day of , 2UUU before me, the Gtndersi~med RQBERT D.
CORRIE and WILLIAM G. BERG, .1~R. Mayor and City Clerk respectively, ofthc CITY OF
MERIDIAN, a municipal corporation, knawn to me to be the persons whose names are
subscribed to the ~w~ithin instrument, and a,cl~:taowledged to me that they executed the carne far
and on behalf of said corporation.
IN WITNESS WHEREOF, I have hereunto set nay hand and off xed my official seal for the day
and year first above written.
Notary Public far Idaho
Residing at ,Idaho
My commission expires:
~* TOTHL PAr,E. ~~a *~~
State of Idaho
County of Ada
On the ~(~~ ~ day of ~~~ ~~~~ 2000,
personally appeared ~., ~: ~ ~ G~ ~C~~ ~ lQ 1~1C~ ~`J~~` ~ ~~ ~ rC~ ~~~', l~ ~,
before me, ~(/U~(~j~ (,(G~/,tM. I~~U ,Notary Public for the State of Idaho,
who is personally known to me
whose identity I proved on the basis of
'~ whose idlentity I proved on the oath /affirmation of
J CLVI I LL ~'1'12~, t'L'"1...
a credible witness to be
the signer of the above/attached instrument, and he/she acknowledged
that he/she signed it. ~`"~ ~ ,
~; ~'~ ~~ ~
seal) 9~.~ ~: ~?~; ~._
:~~'°~~®T~`~,,~;:~ ~ Residing at:
a p
'~^ ~ ~'~ ' Commission ex fires:
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