Loading...
Culver, Walter A.- i ~~~dRO~Q" ~~ ~ ~~ ~~ AQA CGUN Y R~CORQ J. gAvin hAYARRb ~~~~.~~-~ ~M ::~7 ~~o~~~~s AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER SYSTEM OUTSIDE THE CITY LIMITS THIS AGREEMENT is made and entered into this ~ St day of ~G~ir~- , 1999, by and between CITY OF MERIDIAN, a Municipal corporation of the State of Idaho, hereinafter referred to as "CITY", and WALTER A. CULVER, as hereinafter defined and hereinafter referred to as "SEWER USER". 1. RECITALS: 1.1 WHEREAS, "Sewer User" is the sole owner, in law and/or in equity of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as the "Property"; and 1.2 WHEREAS, Idaho Code §50-323, provides and empowers cities to establish, create, develop, maintain and operate sewer systems; and 1.3 WHEREAS, "City" operates and maintains and develops a sewer system; and 1.4 WHEREAS, the "City" has enacted an ordinance governing its sewer system codified at Chapter 5 of Title VII of the Municipal Code of the City of Meridian; and 1.5 WHEREAS, the "Sewer User" is the owner of "Real Property" hereinafter described which is presently located outside of the city limits of the "City"; and 1.6 WHEREAS, the "Sewer User" is desirous of obtaining connection to the sewer to serve the "Real Property" and the "City" is willing to provide that connection to the sewer service to the "Sewer User" subject to the terms and conditions and consideration of this agreement, and it is specifically agreed that as a specific consideration of the "City's" willingness to enter into AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN`S SEWER SYSTEM OUTSIDE THE CITY LIMITS - 1 this agreement that the "City's" "Ordinance" and "Policy/Regulations" which govern its sewer system be included as terms and conditions of this agreement and that the "Sewer User" provide perpetual consent to annexation of the "Real Property" in to the "City". 2. DEFINITIONS: For all purposes of this agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 2.1 "City": means and refers to the City of Meridian, County of Ada, State of Idaho. 2.2 "Sewer User": means and shall refer to Walter A. Culver and/or the person who is the owner of the real property. 2.3 "Real Property": means and shall refer to certain parcel(s) of real property located in the County of Ada, City of Meridian as described in Exhibit "A", attached hereto and by this reference incorporated herein as if set forth at length together with improvements thereon. 2.4 "Ordinance": means and shall refer to the City's ordinances that appertain to the regulation and control and use of its sewer system presently codified at Chapter 5 of Title VII of the Municipal Code of the City of Meridian, and this definition specifically includes any prospective amendments and/or recodifications to said ordinance or any parts thereof, and shall also refer to any other ordinance of the City of Meridian governing the "Sewer System". 2.5 "Policy/Regulations": means and shall refer to any City Council enacted policy and/or regulation of its sewer system. 2.6 "Sewer System": means and shall refer to the City's sewer system. AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN`S SEWER SYSTEM OUTSIDE THE CITY LIMITS - 2 NOW THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 3. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 4. PROVISION OF SEWER HOOKUP SERVICE: The "City" agrees to provide a connection to the "Sewer System" to service the "Real Property" subject to the terms and conditions of this Agreement. 5. CONDITIONS AND REQUIREMENTS OF SEWER USER FOR THE HOOKUP OF THE SEWER LINE TO THE REAL PROPERTY: The hookup and assessment costs relative to the "Sewer System" connection shall be the responsibility of the "Sewer User". 6. ORDINANCE APPLICATION: The "Ordinance" and "Policy/Regulations" apply to the sewer service and connection and are herein incorporated as specific terms of this agreement and at such time or times as the "Ordinance" and/or "Policy/Regulations" is/are amended or recodified, this agreement is automatically amended in accordance therewith. 7. ANNEXATION: The "Sewer User" is required to immediately submit an application for annexation of the "Real Property", which is a condition precedent to the "Sewer User's" eligibility for the "Real Property" sewer service connection fee within the City limit rates. The "Sewer User" herein gives consent to such annexation and agrees to pay the annexation application fee. This provision of this Agreement is a written request and application for such annexation in accordance with I.C. §50-222 or any amendments or recodification of said statute. 8. HOOKUP AND SERVICE FEES: The charges for hookup, inspection, and service fees shall be in accordance with the provisions of the "Ordinance" and/or "Policy/Regulations" as are AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN`S SEWER SYSTEM OUTSIDE THE CITY LIMITS - 3 applicable for real properties outside of the city limits. 9. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Sewer User" cost, and submit proof of such recording to "Sewer User". 10. DEFAULT: Any failure to perform the terms and conditions of this agreement shall be a default. 11. REMEDIES: 11.1 This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Sewer User", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 11.2 In the event of a default, written Notice of Default shall be served and defaulting_party shall then have thirty (30) days after delivery of notice of default to correct the same before the non- defaulting party may seek any remedy provided for herein. 11.3 In the event the performance of any covenant to be performed hereunder by either "Sewer User" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 12. NOTICES: 12.1 Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN`S SEWER SYSTEM OUTSIDE THE CITY LIMITS - 4 Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: c/o Meridian City Engineer Gary Smith City of Meridian 200 E. Carlton, Suite # 101 Meridian, Idaho 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Ave. Meridian, Idaho 83642 PROPERTY OWNER: Mr. Walter A. Culver 6100 Pierce Park Lane Boise, ID 83703 12.2 A party shall have the right to change their address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 13. 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's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 14. TIME IS OF THE ESSENCE: The parties hereto 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 of and a default under this Agreement by the other party so failing to perform. AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN`S SEWER SYSTEM OUTSIDE THE CITY LIMITS - 5 15. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City's" corporate authorities and their successors in office. This Agreement shall be binding on the owner of the property, each subsequent owner and each other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefitted and bound by the conditions and restrictions herein expressed. 16. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised therefrom and the invalidity thereof shall not affect any of the other provisions contained herein. 17. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Sewer User" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Sewer User" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", a duly adopted resolution of "City". 18. TERMINATION: At such time as the "Real Property" is annexed into the City" this agreement shall terminate except for any default that exists at such time shall still be enforceable pursuant to the terms of this agreement. 19. EFFECTIVE DATE: This Agreement shall be effective at such time as both parties have executed this Agreement. AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN`S SEWER SYSTEM OUTSIDE THE CITY LIMITS - 6 ACIQVOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. -„- Walter A. Culver 6100 Pierce Park Lane Boise, ID 83703 CITY OF MERIDIAN ~~ ,.- - By: OR ROBERT D. CORRIE ATTES i { io `~\ ~~ ~I WILLIAM G. BERG, JR., CI CLERK ~`~ ~o ~? BY RESOLUTION NO. Z ~ 2. '~ "s B~AL SATE OF IDAHO,) . :,ryo~~ ~~.~~~`c r County of Ada ) . ss. ''~''~~ <<,r<</~l,a~r`,,,, 711U tlli On this day of D /f ~ , in the year 1999, before me, ~~~ ~~%(-~--- , a Notary Public, personally appeared WALTER A. LVER, known or identified to me to be the person who executed the above and foregoing instrument, and acknowledged to me that he 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. (SEA.,,~.~..V. .,, ~--u f "•". Notary Public for o ~, ,~*~ ~, ,.~,,,..,~ti { ~; ~• ~ . : '' Residing at: K--~ P `,~" qa ~ ~ "~ = My Commission Expires: ~;.~ '~-' R 'y ARE~EIVbEI~1"~'.r~OR HOOKUP TO THE CITY OF ©o MERTDIAN~`S SEWER SYSTEM OUTSIDE THE CITY LIMITS - 7 STATE OF IDAHO, County of Ada . ss. n t , ~ day of ~~ )rl-Q... , in the year 1999, before me, , a Notary Public, personally appeared RO ERT D. CORRIE and WILLIAM G. BERG, JR., known or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the persons that executed the instrument on behalf of said City, and acknowledged to me that such City 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. • .s Nota Public for Idaho ~° .o ~pTA.R~. ~~ Residing at: '~{ ~~~ * ; ~''~ i ~t •' My Commission Expires: .~ ~.~ 1'UBLZG ~.' ~°~~~tV~Z\M\M~i~*~4~60M\Agreement\CULVER HOOI<UPAGR.wpd ~'••. ~E~OF°~~A~. AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN`S SEWER SYSTEM OUTSIDE THE CITY LIMITS - 8 rlLE NO.: P189078 ~ EXHIBIT A Ttte land reterrad to in this C'amrsitment is described ~s follows: A TRACT OF LAND IN LOT 8 GFIONWILER SUBDIVISION, ACCOROIMG TO THE PLAT THEREOF, FILED IN BOOK 8 OF~PLAT9 AT PAGE 378, RgCORO$ OF AOA COUNTY, IDAHO, MORE PARTICULARLY DE°CRIBED AS FOLLO'rYS: COMMENCING AT THE NORTHWES7fCDRNER OF LOT a OF THE ONWILE.9 9U80IVISIOH IN THE NORTHWEST DUARTEA OF THE SOUTHEAST QUARTER OF SECTION 7, TOWNSHIP 3 NORTH OF RANGE 1 EAST OF 90ISE MERIDIAN, IN AOA COUNTY, STATE OF IDAHO, RUNNING THENCE EAST ALONG NORTH LINE OF SAID LOT 8 A DISTANCE.OF~188 FE.7 TO A POINT, THE REAL PIACI OP 6EGINNING; THENCE RUNNIND SDUTk PARALLEL TO WEST LINE OF SAID LOT 8 TO THE SOUTH LINE THEREOF; THENCE EAST ALONG SOUTH LINE OF SAID LOT 8 A DISTANCE OF 151.2 FEET TO A POINT; THENCE NORTH PARALLEL TO THE WEST LINE OE SAID LOT 8 TO A POINT ON THE NORTH LINE THEREOF; THENCE WEST ALONG SAID NORTH LINE OF SAID LOT 8 A DISTANCE OF 151.2 FEET TO THE PLACII OF BEGINNING. EXCEPTING THEREFROM THE FOLLOWING: i A PORTION OF LOT 8, OF THE ONWILER SUBDIVISION, AS RECORDED IN BOOK 8 OF PLATS, PAGE 378, R£COROS OFiAOA COUNTY, IDAHO, SITUATE IN THE NORTHWEST OUAATER OF THE SOUTHEAST QUARTER OF SECTION 7, TOWNSHIP 3 NORTH, RANDE t EAST, BOISE MERIDIAN, AOA COUNTY, IDAHO, MORE PARTICULARLY DE9CRI8ED AS FOLLOYYS: ' COMMENCING A7 THE CENTER QU;~BTER CORNER OF SAID BECTION 7, MARKED 8Y A FOUND BRASS CAP MONUMENT 8 SMJ PE 777, 1988; THENCE NORTH 89 DEGREES 00'00' EASQ 857.58 FEET`, ALOND THE EAST/WEST MID SECTION LINE, TD A POINT; THENC: SOUTH 00 DEflAEE 00'00' WESTj313.10 FEET, TO A POINT NARKED 8Y A SET 1!2' I.P, AND CAp, P.L.S. 874, T.HE POINT OF TAU6 486INNIN6; THENCE NORTH 89 DEGREES 00'00' EAST 167.20 F'cET, TO A POINT MARKED BY A SET 1/2' I.P. AND CAP, P.L.S. 874; THENCE SOUTH 00 DEGREE 00'00' WEST 854.14 FEET, TO A POINT MARKED BY A SET 112' I.P. AND C1P, P.L.S. 874; 1`HENCE NORTH 89 DEGREES 00'00 WEST 151.20 FE=_7, TO A POINT MARKED BY A SET t/2' I.P. ANO CAP, P.L.S. 874; THENCE NORTH 00 DEGREE 00'00' EAST 848.88 FEET, TO A POINT MARKET BY A SET t/2' I.P. AND CAP, P.L.S. 874, THE POINT OF TRUE BlGIMNING. AND EXCEPT AMY PORTION THEREOF LYING WITHIN THE RIGHT OF WAY FOA E. PINE STREET. EHD OF L80AL OfiSCRI!•TION 0~ ~~~ ~ ~J ~-•,~= ,.. ,~ STATE OF vctt urXr ro , County or ??'axa?.??.? n , :s. On his ~ o day of tuna , in the year of ' co P. , St:fore srte ~ x ;r. ~ •' c ' f , : no:sry puolic, ner• sonaily sopttated rvevr rs u t i known or idzatitled to tae to be No person _~vhose nacre _ ~ suoscnceti t t!:e wtthir, inure^ent..;nc sckrowl_dgad to rru tJ:.it a~a ext:^.tted fhb s:sra. OFFlGALfiE~L ~~ ~ ~ /• ,(?'¢~~~?, Jsmec E. Prasek~ Notsry Pubno: ~---- 1l'~,...:.r;' ~[7r.+arrvauC Residingat• /~'~~ -:+~/P'•e.(,z+ -V J/h ~t'1 _ 1 u . ~ ...•.r ~ •••• U- i/ y My Cgm.•rtssion Exotres• U - / %Oa~ r~`"~,"'ft) 'I'iTF~T~ T FOR FfIO4KUP TO T '- OF MERIDIAN'S SEWER SYSTEM OUTSIDE THE CITY LIMITS - s o ~ ~ ~~i6 \~ t e.~ i E E iq ~~~ ~ 1~~;1 ~ ~ t ~c ~~ ~~~ ~ ~ Ott' ~~t`4 ~~~ ~ ~ ~4~ ~~~ ~~ ~~~~ ~ t ~~ ~ ~ r~ ~~ ~~ .^ ., '~ ~''' x ; •~ --- ~ ' - ..tr..s • ~m. ~' ti~ ~, ,~, ~v r f, ,. ~ ~ ~ ...~. ~ 9~ * . ':~ 0 9 ~ R..aRC~tR[l ~~ ~ t ~pC ~ A k•~ ~ ~y~~ ~~~ ~~ ~;~ <ah 0 ;a ~ ~~ b iP "~~ ~~ w 4~ ,; E n r wi ~ ti~ ~ ~ ~Z J titg ~~.~ ° < ~~~ ~ ~ fi ~ .~ ~~~ r ` . ~ q `S i//4 /l "'~n r 't .. ~. h Z,~3 ~~ ti~ ~..- ~~ ~ ~ ~ t~ ~ t ° ~t t~i ~~ ~ ~ ~ S ~ •#Q ~° ~ ~r ~ ~ S~~o~~~ ~~ ~<o ~ t~~~*; ~ ,6, 1Y •~ , ~ ~,1,`~ ~ a~~~i $ ~~`~r o ;. ~ ~~ r• ~~ E a ~~~~ .• ~~ 3~ .~ .' c T rry ~i~~ ~~~ ~ \~ ~ ,~ ~ l ~~P ~ ;~~ ~~ ~\ ~ e .t EXHIBIT "A" TO THE AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER SYSTEM OUTSIDE THE CITY LIMITS - a ~ C") ;~ o ~ ~ .'fl ze° v ~~ ~~ ~o ~ n~~ .~ l ~ O ~1 ~ Z (n ^~G 1~ Z~~~ ~~~ m m ~ -c ~h g 0 Ti:iTHL F'.l'Jt.