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IHOP' ~ - F E~4RDED - R~Qtt~.ST 4F ~~ s~ ~ ~ r~~ ~ _ ~ ~ ~ ~ ~ ~ p d 7 ~ 4.4 AGREEMENT For Sewer/Water Assessment IHOP 3525 E. FAIRVIEW This Agreement made and entered into this ~ 3 day of 2000, by and between the CITY OF MERIDIAN, a municipal corporation of the State o Idaho, hereafter referred to as CITY, and IHOP PROPERTIES, 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) Sewer Assessment per (ERU) Sewer Assessment Total Sewer Latecomers Fee per (ERU) Latecomers Fee Total Seven (7) $15 80.00 $11060.00 N/A N/A Water (ERU) Domestic /Landscaping Water Assessment per (ERU) Water Assessment Total Water Latecomers Fee per (ERU) Water Latecomers Fee Total * (ERU) Equivalent Residential Units Seven (7) Domestic $704.00 $4928.00 N/A N/A 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 eighteen (18) 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 agreement with original signatures, photocopies are not acceptable** 3525FAIRVIEW.DOC IHOP PROPERTIES ASSESSMENT AGREEMENT Page 2 IHOP PROPERTIES ~~'N(, . ~ C~-- Ci1Ll1`b/~^~r/~' STATE OF IB~6, ) S Q`~ ~ "-~`ea , 1~s AA.~,let : ss. County of tea, ) On this ~~ day of ~ ,2000, before me, th dersigned, a Notary Public in and for the State of Idaho, perso llY appeared, I S, known or identified to me (or proved to be on the oath of , to be the person(s) who subscribed their name(s) to the within instrument and owledged to me that they executed the same. IN WITNESS WHEREOF, I have eunto set my hand and affixed my official seal the day and year first above written. SEAL Notary Public for Idaho Residing at My Commission Expires 3525FAIItVIEW.DOC STATE OF CALIFORNIA COUNTY OF LOS ANGELES On August 28, 2000, before me, Jeanne V. Martinez, a Notary Public, personally appeared Richard C. Celio, who acknowledged to me that he is Vice President of IHOP Properties, Inc. and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. ESS my hand and official seal. x~ev.rwvmrEt ~crrrriron t 12D6?~ NoksyPUble-Cdfartio j tas Artislm Counh .' IHOP PROPERTIES ASSESSMENT AGREEMENT Page 3 bert D. Come, Mayor William G. Berg, Jr., City CI STATE OF IDAHO, ) . ss. County of Ada, ) ~o ~~L 9 C,~ '~~ %., C~j,/ ~, w.~./ , S ~~~~ On this l~j day of x,2000, 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 subscnbed 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 Notary Pu 'c Idah Residing at My Commission Expires 3525FAIItVIEW.DOC