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Candlewood SuitesADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 BOISE IDAHO 0?J15106 12'21 PM DEPUTY Gail Garrett III IIIIIIIIIIIIIIIIIII~IIIIIII'III III RECORDED-REQUEST OF 10624112 City of Meridian AGREEMENT For Sewer/Water Assessment CANDLEVIWOOD SUITES 1.855 S Silverstone Way This Agreement made and entered into this ~.3' - of ~~a~~A~ y 2006, by and between the CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter referred to as CITY, and TQ PROPERTIES LLC, hereafter referred to as APPLICANT, their heirs, successors, assigns and personal representative. WITNESSETH: WHEREAS, The following assessments are calculated by the City based upon information supplied to the City by the Applicant and/or historical information on record for a similar facility and/or those established in the City's Ordinances for the proposed type of facility. Sewer (ERU) 35 ERtJ's Sewer Assessment per (ERU) $2,226 Sewer Assessment Total $77,910 Sewer Latecomers Fee per (ERU) 0 Latecomers Fee Total 0 Water (ERU) Domestic 35 ERU's Water Assessment per (ERU) $1,463 Water Assessment Total $51,205 Water Latecomers Fee per (ERU) 0 Water Latecomers Fee Total 0 * (ERU) Equivalent Residential Units NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: That both parties of this agreement acknowledge that these assessments were determined from the above information, and not actual metered flows, and that the assessments for the proposed facility will be re-evaluated after a period of twelve (12) months of actual service /legal occupancy to determine if adjustments are warranted. The City shall refund any overpayment of assessments resulting from the re-evaluation, or the Applicant shall be responsible for payment of any shortage resulting from the re-evaluation. **Please return this agrec~-nent with original signatures, photocopies are not acceptable** 185~5SILpV,ERiTONE • ~,'I"~~ . •.. TQ PROPERTIES LLC ASSESSMENT AGREEMENT Page 2 PROPERTIES LLC ~.~~ STATE OF IDAHO, ) . ss. County of Ada, ) On this 3~llday of .~'~~~)1,~1 f~'_ ~ ,2006, before me, the undersigned, a Notary Public in and for the State of Idaho, personally app ared, }<C3~2~ i~il , ( ~ iti~•i ,-who, being by me first duly sworn, declared that (s)he is the ~~rNfk~,-iiiGi dti1 ~tiiY-'>~-~. of TQ PROPERTIES LLC, and acknowledged to me that said corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. SEAL av~piun~q~~, .~~ • ~ ~~, ~y~': ~OTARY~': i _~~ ~ G i %~ PuBtiti s o ~c s~••. ~' ••...•••,rP~~'. •,'~~`~ TE OF l9 ~~~• ~'~~iy~v~~~~~~~ Notary Public for Idaho U Residing at ~,~ i ~~ t~ 1~~ ; ~~ My Commission Expires _ ~~ ~- ~~J 1855SILVERSTONE ~~ TQ PROPERTIES LLC ASSESSMENT AGREEMENT Page 3 CITY OF MERIDIAN Tammy y~e Weerd, Ma William G. Berg, Jr., City STATE OF IDAHO, ) . ss. County of Ada, ) ~~ ~~ ~~ 44 ~ ~ '~. y ~~~ ~, ,~. ~,, .,~ ,, rk ~~~~A, ~' ~ o~~D On this ~~day of `~~, ~ ~ (,~ C~'~i,k'' ,2006, before me, the undersigned, a Notary Public in and for the State of Idaho, personally appeared Tammy de Weerd and William G. Berg, Jr., known to me to be the Mayor and City Clerk of the City of Meridian, Idaho and who subscribed their names to the within instrument 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 first above written. ....., ,• • SEAL : y/~ ~; 1 ~' ~ .~ ' c~ l' { til,~ No4 Public for Idaho t ~ «~ ,~~ f ng at ~ '.k~ ~~~~~: to '~•• * y Commission Expires ~~ "- ~~ j~ 1855SILVERSTONE ~"^~""~ Meridian City Council February 7, 2006 Page 2 of 90 gathering like this and though there may be disappointments or excitements tonight, Father, we would recognize how blessed we are. Thank you and ask your blessing upon all the activities in Jesus' name we pray, amen. Item 4: Adoption of the Agenda: De Weerd: Thank you, pastor. Okay. Item No. 4 is adoption of the agenda. Mr. Bird. Wardle: Madam Mayor? De Weerd: Oh, wow, you threw a wrench in this one. Wardle: Changed it up on you this evening. De Weerd: Mr. Wardle. Wardle: I have one change to the agenda. Item No. 23, staff has recommended that we continue this item to February 21st. Item No. 24, Ordinance number will be 06- 1213. And Item 25, Ordinance number 06-1214. With those changes I move that we adopt the agenda. Bird: Mr. Wardle, before I second that, we have also been requested -- I'm sorry I didn't get to you -- under Item C in Department Reports, Mr. Silva is not here, but Mr. Rountree would like the Public Works Department to give a report on the water main breakage. Is that not right? Rountree: Correct. Bird: If that's okay with you, motion maker. Wardle: Motion would incorporate Item C, Public Works, information on water main break. Yes. Bird: Okay. Then, I will second that. De Weerd: Okay. The motion is to approve the adoption of the agenda as amended. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda: A. Approve Minutes of January 17, 2006 City Council Regular Meeting: Meridian City Council February 7, 2006 Page 3 of 90 B. Approve Minutes of January 24, 2006 City Council Regular Meeting: C. Findings of Fact and Conclusions of Law for Approval: MI 05- 014 Request to terminate a Development Agreement for Casper Management by Casper Management, LLC - 7.32 acres south of Overland Road and west of Meridian Road: D. Water Main Easement Agreement for Lakeview Golf Course Maintenance Shed: E. Agreement with ACHD for Roadway Construction /Sewer and Water Line Improvements for ACHD Project 504002, Overland Road, Topaz Avenue to Cloverdale Road: F. Award Bid and Contract for Meridian Senior Citizen Center Upgrades: G. Permanent and Temporary Easement Contract for the Meridian Joint School District No. 2: H. Agreement (Water / Sewer Assessment) for Candlewood Suites by TQ Properties: I. Contract with Irminger Construction for construction of the Waltman Lane Sewer Extension Project: J. Change Order No. 1 for the Wastewater Treatment Plant Expansion Proiect with JC Constructors, Inc.: K. Eagle Road Water Main -184 to Franklin Proiect, Change Order No. 1 and No. 2: L. Approve Bills: De Weerd: Okay. Item 5, Consent Agenda. Wardle: Madam Mayor? De Weerd: Mr. Wardle. Wardle: I move that we adopt the Consent Agenda as published and for the Mayor to sign and clerk to attest. Bird: Second. Meridian City Council February 7, 2006 Page 4 of 90 De Weerd: Okay. Motion to approve the Consent Agenda. If there is no discussion, Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Borton, yea. MOTION CARRIED: ALL AYES. Item 6: Department Reports: A. Planning Department 1. Set Dates for Public Hearings on: -- Public Hearing: CPA 05-001 Request to Amend the Future Land Use Map of the Comprehensive Plan for Approximately 50 acres from Medium and Low Density Residential to Mixed Use-Regional, by the South Eagle Road and Victory Road Property Owner's Alliance -Land at or near the northeast and southeast corners of South Eagle Road and Victory Road: Public Hearing: CPA 05-002 Request for a Comprehensive Plan Map Amendment to change approximately 11.79 acres from Office to Mixed-Use Community by Conger Management Group - 675 and 715 South Wells Street: De Weerd: Thank you. Okay. Item 6 under Department Reports, we will begin with our planning department, Item A-1. Canning: Madam Mayor, Members of the Council, a couple of months ago we had a number of Comprehensive Plan amendments forwarded up from the Planning and Zoning Commission. A couple of them had requirements that they also submit a concurrent development application with them. So, we have been holding them. We had decided that you would set a date specific for those tonight or by tonight. So, we have been in contact with both the project leaders or applicants on those applications. One of them we have received, it will be heard by the Planning and Zoning Commission in mid March, and the other one we anticipate will be done -- will be in by this next cutoff, so it would be heard in April. So, you could set them over to the first meeting in May, would be probably an appropriate date if you wanted to keep them on the same date. If you wanted to move one of them up a little bit, you could probably do it mid April. But May should get both of them. Did that make sense? De Weerd: Council, any questions for Anna? Rountree: I have none. Makes sense.