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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 r+«•R•••••• 1 U O • STATE •• 04 cG\ N f JLUQ co O o_ , . do 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