Consent to Annex Mark Choi - 5035 W. Franklin RoadE IDR I ANC--
Public IDAHO
Works Department
TO: Mayor Tammy de Weerd
Members of the City Council
FROM: Dale Bolthouse, Public Works Director
Jared Hale, Engineering Project Manager
DATE: May 2, 2017
Mayor Tammy de Weerd
City Council Member=t
Keith Bird
Joe Borton
Luke Cavener
Genesis Milam
Anne Little Roberts
Ty Palmer
SUBJECT: CONSENT TO ANNEX FOR MARK CHOI AT 5035 W. FRANKLIN
ROAD
I. RECOMMENDED ACTION
A. Move to:
1. Approve the Consent to Annex Agreement for Mark Choi at 5035 W. Franklin
Road;
2. Authorize the Mayor to sign the agreement.
II. DEPARTMENT CONTACT PERSONS
Jared Hale, Engineering Project Manager 489-0370
Clint Dolsby, Assistant City Engineer 489-0343
Warren Stewart, City Engineer 489-0350
Dale Bolthouse, Director of Public Works 985-1257
III. DESCRIPTION
A. Background
During the design process of the ACRD Franklin Road (Black Cat to Ten Mile)
project, ACRD discovered they would have to remove Mark Choi's drain field
located at 5035 W. Franklin Road. They agreed to pay the construction,
materials, and connection costs, including the assessments, for City water and
sewer services when they were available as part of their right-of-way negotiations.
ACRD will need to provide the residential water and sewer services to the
existing home to restore his sewer system and connect the home to City water.
Mr. Choi has written a letter to the City making a formal request to connect.
Page 1 of 2
Warren Stewart reviewed the letter dated March 16, 2017 and other supporting
documents, and found no physical reason that would prohibit water and sewer
service to the subject parcel. New water and sewer mains were installed across
the frontage of his property.
Mr. Stewart recommended that Mr. Choi enter into a Connection Agreement with
the City of Meridian allowing him to obtain water and sewer services with the
following conditions: he (or ACHD) pay the water and sewer assessment fees
required to connect and take the necessary steps to annex his property when it
becomes contiguous to City limits. All other required City of Meridian fees
would have to be paid prior to water meter installation and sewer service
connection.
IV. IMPACT
A. Strategic Impact:
This will allow the City to provide necessary water and sewer facilities to a
valued customer. This project is in direct alignment with the Public Works
mission to anticipate, plan, and provide exemplary public services and facilities
that support the needs of a growing community.
V. LIST OF ATTACHMENTS
A. Consent to Annex Agreement
Approved for Council Agenda:
A
Page 2 of 2
5-13 !7
D to
ADA COUNTY RECORDER Christopher D. Rich 2017-041829
BOISE IDAHO Pgs=6 LISA BATT 05/11/2017 10:44 AM
CITY OF MERIDIAN, IDAHO NO FEE
RECORDING REQUESTED BYAND
WHEN RECORDED RETURN TO:
City Clerk
City of Meridian
33 E. Broadway Avenue
Meridian, ID 83642
AGREEMENT FOR EXTENSION OF DOMESTIC WATER AND SEWER SERVICE
OUTSIDE MERIDIAN CITY LIMITS: 5035 W. FRANKLIN ROAD
This AGREEMENT FOR EXTENSION OF DOMESTIC WATER AND SEWER
SERVICE OUTSIDE MERIDIAN CITY LIMITS ("Agreement") is made this /,9 day of
fit 1 2017, 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 Mark Choi, whose address is 1988 Almadale Place, Germantown,
Tennessee (hereinafter "User") (collectively, "Parties").
WHEREAS, User is the owner of parcel number S1216110400, located at 5035 W. Franklin
Road, Meridian, Idaho Ada County, Idaho (hereinafter "Subject.Property"), which real property is
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; and
WHEREAS, the User requests to connect the existing residence at Subject Property to the
City water and sewer systems, disconnect the private water well, and abandon the septic system at
Subject Property;
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. COMMITMENTS BY CITY.
A. Water and sewer extension. City shall, at User's sole expense extend the water and sewer
lines to the Subiect Propeand s a Inststu s or connection of the residence at the
Subject Property to the City water and sewer systems.
AGREEMENT FOR EXTENSION OF DOMESTIC WATER
AND SEWER SERVICE OUTSIDE MERIDIAN CITY LIMITS — 5035 W. FRANKLIN ROAD PAGE 1 OF 6
B. 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.
C. Billing. City shall bill 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.
D. Recordation. City shalt record this Agreement, and shall submit proof of such recording to
User.
E. Annexation Notice. City shall send written notice to User when Subject Property is eligible
for annexation, requiring User to submit an Annexation Application to City for Subject
Property,
II. COMMITMENTS BY USER.
A. User to hire contractor. User shall, at User's sole expense, hire a licensed contractor of
User's choice to connect the residence at the Subject Property to the City water and sewer
systems, in accordance with all applicable permits, laws, regulations, and standards,
including the Idaho Standards for Public WorksConstruction ("ISPWC") and supplemental
standards thereto as adopted by City, hollowing construction of the sewer connection, User
shall disconnect and abandon the well and septic system at the Subject Property in
accordance will all applicable laws and regulations.
B. Payment for City services. User shall be responsible for aying to City_any ad all costs
related to sewer and water infrastructure construction, .materials, and connection, including,
but not limited to extension of services, connections, assessments, meter installation, and
ins ec lon_fees. Upon connection to the City's sewer and/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
Agreement, this provision shall be binding upon User and upon any and all successors in
Interest of User and/or to the Subject Property.
C. No cross -connection. User shall abide by and comply with any and all applicable
provisions of law, which shall specifically include, but shall not be limited to, compliance
with Chapter 3, Title 9, Meridian City Code and/or any and 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 specifically agrees that, as a specific consideration of City's
willingness to enter into this Agreement, User shall, and hereby does, provide perpetual
AGREEMENT FOR EXTENSION OF DOMESTIC WATER
AND SEWER SERVICE OUTSIDE MERIDIAN CITY LIMITS - 5035 W. FRANKLIN ROAD PAGE 2 -of 0
n
consent to annexation of the Subject Property into the City of Meridian. This provision shall
comprise evidence of User's consent to annexation and shall be binding upon all subsequent
purchasers, heirs, or assigns of the Subject Property. Notwithstanding any other provision of
this Agreement, this provision shall be binding upon User and upon any and all successors in
interest of User and/or to the Subject Property.
E. Annexation application. Within sixty (60) days of receiving written notice from City that
Subject Property is eligible for annexation, User shall, at User's sole expense, submit an
Annexation Application for the Subject Property into the City of Meridian. User's
Annexation Application shall be a complete submittal of all City -required documents,
exhibits, and fees for requesting annexation into the corporate boundary that are in effect at
the time of application. Such Annexation Application shall propose zoning designations
consistent with the Future Land Use Map designation of the City's Comprehensive Plan.
F. Future development agreement. User acknowledges that, pursuant to Idaho Code section
67-651 lA and the Meridian Unified Development Code ("UDC"), as part of the annexation
process, User will be required to enter into a development agreement concerning the use
or development of the Subject Property. Such development agreement will include
requirements that the use of the Subject Property comply with all provisions of the UDC
and Meridian City Code, including those provisions related to land use, specific use
standards, landscaping, access, parking, and other conditions as may be appropriate and
necessary to carry out the policies of the comprehensive plan, regulate the uses of property
and structures within the City of Meridian, and protect and promote public health, safety,
and general welfare.
G. 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 maybe posted at the Subject Property.
III. 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 herein.
Except in case of an imminent 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 orcorrectthedefaultbeforethenon -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:
AGREEMENT FOR EXTENSION OF DOMESTIC WATER PAGE 3 OF 6ANDSEWERSERVICEOUTSIDEMERIDIANCITYLIMITS - 5035 W. FRANKLIN ROAD
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 successor(s) 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 follows:
City: City of Meridian
Attn: Public Works Department Director
33 E. Broadway Ave,
Meridian, Idaho 83642
User: Mark Choi
1988 Almadale Place
Germantown, Tennessee 38139
Either Party may change its address for the purpose of this section by delivering to the other
Party written notification 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 alfa, 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 specifically provided herein, no subsequent alteration, amendment, change, or
AGREEMENT FOR EXTENSION OF DOMESTIC WATER
AND SEWER SERVICE OUTSIDE MERIDIAN CrrY LIMITS - 5035 W. FRANKLIN ROAD PAGE 4 OF 6
CITY OF MERIDIAN:
BY:
Tammy de ee , Mayor
Attest:
C. y Col , City Clerk
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STATE OF IDAHO
ss
County of Ada
I HEREBY CERTIFY that on this "1t day of(
2017 before the undersigned, personally appeared TAMY de
WEERD and CJAY COLES, known or identified to me to be the
Mayor and City Clerk, respectively, of the City of Meridian, who
executed the instrument on behalf of the City of Meridian, and
acknowledged to me that the City of Meridian 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,
tjja*
Notary Public for Idaho
n
Residing at i%/ X , Idaho
MY Commission Expires:
AGREEMENT FOR EXTENSION OF DOMESTIC WATER
AND SEWER SERVICE OUTSIDE MERIDIAN CITY LIMITS - 5035 W. FRANKLIN ROAD PAGE 6 of 6
I
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 -waiver. Failure of either Party to promptly enforce -the strict performance of any term
of this Agreement shall not constitute a waiver or relinquishment of any Party'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,
I 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 T
day of 2017.
USER:
7M)ark Choi
44aj
V
STATE OF TENNESSEE)
ss;
County of
I HEREBY CERTIFY that on this I k day of AT r + t 70'7
before the undersigned, a Notary Public in the State of Tennessee,
personally appeared MARK CHOI, 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 fust
above written.
Notary Public for Tennessee ,
I
Residing at TennesseeTennessee
My Commission Expires 0 2 -V Q- — 201 e
AGREEMENT FOR EXTENSION OF DOMESTIC WATER
AND SEWER SERVICE OUTSIDE MERIDIAN CITY LIMITS — 5035 W. FRANKLIN ROAD PAGE 5 OF 6