Domestic Water Outside City Limits 5060 S. Locust Grove Rd. Curtis Bills (2020-005655)ADA COUNTY RECORDER Phil McGrane 2020-005655
BOISE IDAHO Pgs=6 BONNIE OBERBILLIG 01/15/2020 11:43 AM
CITY OF MERIDIAN, IDAHO NO FEE
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City Clerk
City of Meridian
33 E Broadway Avenue
Meridian, ID 83642
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This AGREEMENT FOR EXTENSION OF DOMESTIC WATER SERVICE OUTSIDE
MERIDIAN CITY LIMITS ("Agreement") is made this 14th day of January 2020
("Effective Date"), 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 Curtis Bills, whose address is 2179 E. Lodge Trail Court,
Meridian, Idaho (hereinafter "User") (collectively, "Parties").
WHEREAS, User is the owner of parcel number S 1132223320, located at 5060 S.
Locust Grove Road, Meridian, N2SW4NW4NW4 SEC 32 3N IE, 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 I
and 4, Meridian City Code;
WHEREAS, the User requests to connect the Subject Property to the City water system;
WHEREAS, the User will apply for annexation and zoning designations consistent with
the City of Meridian Comprehensive Plan in effect at the time Subject Property is contiguous to
the City limits;
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:
1. COMMITMENTS BY CITY.
A. Provision of Services. At all times relevant hereunder, City shall provide 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 bill User monthly for 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.
AGREEMENT FOR EXTENSION OF DOMESTIC WATER
AND SEWER SERVICE OUTSIDE MERIDIAN CITY LIMITS — 5060 S. LOCUST GROVE ROAD PAGE 1 OF 6
AGREEMENT FOR EXTENSION OF DOMESTIC WATER
AND SEWER SERVICE OUTSIDE MERIDIAN CITY LIMITS – 5060 S. LOCUST GROVE ROAD PAGE 2 OF 6
C. Recordation. City shall record this Agreement, and shall submit proof of such recording
to User.
D. 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. Payment for City services. User shall be responsible for fulfilling User’s obligation to
pay to City any and all costs related to water infrastructure construction, materials, and
connection, including, but not limited to, hookup, assessment, meter installation, and
inspection fees. Upon connection to the City’s water system, User shall pay to City all
applicable fees and costs for 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 Adjustment 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.
B. 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.
C. 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 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.
D. 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
Meridian City Council Meeting Agenda January 14, 2020 – Page 23 of 84
AGREEMENT FOR EXTENSION OF DOMESTIC WATER
AND SEWER SERVICE OUTSIDE MERIDIAN CITY LIMITS – 5060 S. LOCUST GROVE ROAD PAGE 3 OF 6
designations consistent with the Future Land Use Map designation of the City’s
Comprehensive Plan.
E. Future development agreement. User acknowledges that, pursuant to Idaho Code
section 67-6511A 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 c arry 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.
F. 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 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 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 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 water
service to User, to any successor(s) in interest, and/or to any 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
Meridian City Council Meeting Agenda January 14, 2020 – Page 24 of 84
AGREEMENT FOR EXTENSION OF DOMESTIC WATER
AND SEWER SERVICE OUTSIDE MERIDIAN CITY LIMITS – 5060 S. LOCUST GROVE ROAD PAGE 4 OF 6
33 E. Broadway Ave.
Meridian, Idaho 83642
User: Curtis Bills
2179 E. Lodge Trail Court
Meridian ID 83642
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 excised 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 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 specifically 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-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
Meridian City Council Meeting Agenda January 14, 2020 – Page 25 of 84
Meridian City Council Meeting Agenda January 14, 2020 – Page 26 of 84
CITY OF MERIDIAN:
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IDAHO
---------------
CHARLENE WAY
COMMISSION #67390
NOTARY PUBLIC
STATE OF IDAHO
MY COMMISSION EXPIRES 3/28/22
Chi Jo nson, Ci
la
STATE OF IDAHO )
ss
County of Ada )
!Clerk
rienne Wea-w'Qr
I HEREBY CERTIFY that on this 14th_ day of
_January , 2020, before the undersigned, personally
appeared ROBERT E. SI IISON and Adrienne Weatherly known
or identified to me to be the Mayor an Clerk, respectively, "kj
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.
a aA&ru
W
Notary Public for Idaho
Residing at Meridian
My Commission Expires: 3-28-2022
Idaho
AGREEMENT FOR EXTENSION OF DOMESTIC WATER
AND SEWER SERVICE OUTSIDE MERIDIAN CITY LIMITS - 5060 S. LOCUST GROVE ROAD PAGE 6 OF 6