Agreement for Extension of Domestic Water and Sewer outside the Meridian City Limits Hatch, JeneanAGREEMENT FOR EXTENSION OF DOMESTIC WATER AND SEWER SERVICE
OUTSIDE MERIDIAN CITY LIMITS:
286 N BLACK CAT RD
MERIDIAN, ID 83642
This AGREEMENT FOR EXTENSION OF DOMESTIC WATER AND SEWER
SERVICE OUTSIDE MERIDIAN CITY LIMITS is made this 4Th day of June, 2014, 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 Jenean Hatch,
whose mailing address is PO Box 50344, Boise, Idaho (hereinafter "User") (collectively, "Parties").
WHEREAS, User is the owner of parcel numbered S1210336015 with an address of 286 N
Black Cat Rd, Meridian, Ada County, Idaho, as depicted in Exhibit A hereto (hereinafter "Subject
Property"), which real property is a residential property located outside of Meridian City limits to
which City water service is readily available without extension of service;
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 1 and 4,
Meridian City Code;
WHEREAS, the City is authorized by Idaho Code section 50-332 to operate and maintain a
domestic sewer system, and the City does exercise such authority, including by the adoption and
enforcement of Title 9, Chapter 4, Meridian City Code;
WHEREAS, the Public Works Director of the City of Meridian deems it in the best interest of
the City to connect the Subject Property to the City water and sewer system;
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:
I. DEFINITIONS.
For purposes of this Agreement, the following words, terms, and phrases shall be defined and
interpreted as provided herein, unless the clear context of the presentation of same requires otherwise:
A. "Agreement" shall mean the instant Agreement for Extension of Domestic Water and Sewer
Service Outside Meridian City Limits.
B. "User" shall mean Jenean Hatch, the sole owner in law and equity of Subject Property as of the
Effective Date of this Agreement, whose mailing address is PO Box 50344, Boise, Idaho.
C. "City" shall mean 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.
AGREEMENT FOR EXTENSION OF DOMESTIC WATER
AND SEWER SERVICE OUTSIDE MERIDIAN CITY LIMITS PAGE I OF 5
D. "Parties" shall mean, collectively, City and User.
E. "Subject Property" shall mean the parcel numbered S1210336015 with an address of 286 N
Black Cat Rd, Meridian, Ada County, Idaho. As of the Effective Date, the Subject Property has
not been annexed into the City of Meridian and is therefore outside of Meridian City limits.
I1. COMMITMENTS BY CITY.
A. Provision of Services. At all times relevant hereunder, City shall provide sewer and 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 sewer and 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.
C. Recordation. This Agreement shall be executed in duplicate, and City shall record such
Agreement against each parcel, and shall submit proof of such recordings to User.
III. COMMITMENTS BY USER.
A. Payment for City services. Upon connection to the City's sewer and/or water system, User
shall pay to City all applicable fees and costs for sewer and 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 as to the Subject Property, 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.
AGREEMENT FOR EXTENSION OF DOMESTIC WATER
AND SEWER SERVICE OUTSIDE MERIDIAN CITY LIMITS PAGE 2 OF 5
D. 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 sewer and/or 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 one (1) of the Subject Property.
IV. 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 sewer and/or water service to User,
to any successor(s) in interest, and/or to any sewer or 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
33 E. Broadway Ave.
Meridian, Idaho 83642
User: Jenean Hatch
PO Box 50344
Boise, Idaho 83705
Either Parry 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.
AGREEMENT FOR EXTENSION OF DOMESTIC WATER
AND SEWER SERVICE OUTSIDE MERIDIAN CITY LIMITS PAGE 3 OF 5
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 here from 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 enforcement. All rights
and remedies herein enumerated shall be cumulative and none shall exclude any other right or
remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed
by law shall not be to the exclusion of any other remedy.
J. Compliance with laws. Throughout the course of this Agreement, the Parties shall comply
with all applicable laws, ordinances, and codes of Federal, State, and local governments. This
Agreement shall be governed by and construed and enforced in accordance with the laws of the
State of Idaho, and the ordinances of the City of Meridian. The City's ordinances appertaining
to the regulation, control, and use of its sewer and water systems, and any prospective
amendments to and/or recodifications thereof, are specifically and without limitation
incorporated into this Agreement as if set forth fully herein.
K. Advice of attorney. Each party warrants and represents that in executing this Agreement, it
has received independent legal advice from its attorney or the opportunity to seek such advice.
AGREEMENT FOR EXTENSION OF DOMESTIC WATER
AND SEWER SERVICE OUTSIDE MERIDIAN CITY LIMITS PAGE 4 OF 5
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this day
of '2014.
USER:
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Jenean Hatch
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CITY OF MERIDIAN:
Tom Barry, Public Works Dir.
STATE OF IDAHO
ss:
County of
I HEREBY CERTIFY that on this day of _, !e� � 1+
before the undersigned, a Notary Public in the State of Idaho,
personally appeared Jenean Hatch, proven to me to
be the person who executed the said instrument, and acknowledged to
me that she 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.
JAVV-J-,d'A---
Notary Public for Idaho
Residing at , Idaho
My Commission Expires: 2'
STATE OF IDAHO
)ss:
County of Ari� Ok_ )
I HEREBY CERTIFY that on this _!T —day of L �. ,
before the undersigned, a Notary Public in the State of Idaho,
personally appeared Tom Barry, proven to me to be the person who
executed the said instrument, and acknowledged to me that he
executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
mye dad a9d y�ar in thertificate first above written.
No ublic for Ic�hoJ
idingat `,Idaho
My Commission Expires: ; am
AGREEMENT FOR EXTENSION OF DOMESTIC WATER
AND SEWER SERVICE OUTSIDE MERIDIAN CITY LIMITS PAGE 5 OF 5