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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 10 1• 1 [film 13 IN No IN 14 IN] 1,12M ran 10 IN 11LOM-11RITINIM K11KIL11 IK" 1911 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: i E. 41 0jk TEu AUGU rilyor w .� �,�►�1 E IDIAIv�. 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