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Jack in the Box~. Li • • - t -- 9~ao i~75 ... v a .- ._ ~ .J ~~L~.C~ ~. C,: :~ - f_, :, /OCi4~ ASSESSMENT AGREEMEN'~ ~ ~ ... .: _ ~ ~_ ~ r- 207 E. FAIRVIEW AVE. This Agreement made and entered into this 9th day of July, 1997, by and between the CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter referred to as CITY, and FOODMAKER, INC. /JACK IN THE BOX, 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) 6 (SIX) Sewer Assessment per (ERU) $1,580.00 Sewer Assessment Total $9,480.00 Sewer Latecomers Fee per (ERU) N/A Latecomers Fee Total N/A Water (ERU) Domestic /Landscaping 6 (SIX) / 2 (TWO) Water Assessment per (ERU) $704.00 Water Assessment Total $5,632.00 Water Latecomers Fee per (ERU) N/A Water Latecomers Fee Total N/A * (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 facilitywill 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. C~ FOODMAKER, INC. / JACK IN THE BOX ASSESSMENT AGREEMENT Page 2 FOODMAKER. INC. ~~T T ~' ".,"_ By: n r W Motts, Vice President y1K! Heller, Assistant Secretary STATE OF IDAHO, ) . ss. County of Ada, ) On this 9th day of July, 1997, before me, the undersigned, a Notary P in and for the State of Idaho, personally appeared, and ,known or ide ed to me (or proved to me on the oath of ), be the President and Secretary of FOODMAKER, INC. / JACK IN THE BOX who subscribed their names to the within instrument and acknowledged to me that the xecuted the same for said FOODMAKER, INC. / JACK IN THE BOX. IN WITNESS ~ and year first above wri SEAL I have hereunto set my hand and affixed my official seal the day Notary Public for Idaho Residing at My Commission Expires ' State of California County of San Diego On November 7, 1997 ss before me, JUDY ANKROM, Notary Public, personally appeared__William F. Motts and Shirle K Heller , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Sig ture Notary W NP.~MN~titi~'.Y.4YMY.YMh•.4~Y~1J4'. :~~~e::~':~==~ JUnY ANKFiOM~ a a? CCMPvt, # 1063674 ~ SEAL -~T==~. ~:7 cn ~ _.-~.~.,i , (NOTARY PUBLIC • CALIFORNIA 'J ~`~•- •A"-` SAN DIE(30 COUNTY '~ ~~`- ~ My Comm. Expires July 2,1999 OPTIONAL SECTION: Capacity Claimed by Signer. Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. Individual ~- Corporate Officer(s) Vice President and Assistant Secretary Title(s) Partner(s) Limited General _. Trustee(s) Other Signer is Representing: Foodmaker, Inc. Name of Entity(ies) Title or Type of Document: Assessment Agreement Number of Pages: Date of Document: Copyright 1993 National Notary Association, Canoga Park, CA .. `` .~ • FOODMAKER, INC. / JACK IN THE BOX ASSESSMENT AGREEMENT Page 3 CITY OF MERTDIAN . Corrie, Mayor ,~ ,~ ._ G. Berg, Jr., City STATE OF IDAHO, ) SS. County of Ada, ) .~~~~~i ,,.~-~~~ ~\ ., ,. 4 w S~liL ,,~ On this 9th day of July, 1997, before me, the undersigned, a Notary Public in and for the State of Idaho, personally appeared Robert D. Corrie 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. ,b®'soeeee,ne,®os~ SEAL .• ~, ~Q,gy~,~~QwR ' F ~' A~~ N vas ~~ ~~' 'yF . R1 . ~ ~. ~ M '~~ ° , ~,,, ~~ 0 ltd ~ . ,_ 1. d r:; ~ alp. ~~~Ei 9 a~4.3 ~,9'e 7 p9 yelp ~fblic for rdaho at ~ Pj-~'~"4~- unission Expires 4 4~