HomeMy Public PortalAbout1995.09.15 AgreementORIGINAL
AGREEMENT FOR MUNICIPAL
ACCEPTANCE OF UTILITIES AND
FOR GRANT OF RELATED EASEMENTS
This Agreement is made effective September 15, 1995 by and between the City of
McCall, an Idaho municipal corporation ("City"), Brown's Industries, Inc., an Idaho
business corporation ("BI"), and Malcolm Scott, of McCall, Idaho ("Scott"), for and in
consideration of the mutual promises in this Agreement.
Background
1. BI and City entered into a Subdivision Agreement dated June 8, 1992, respecting
Payette Lakes Commercial Center, which called for the construction of a sewer lift
station at the southerly end of that Center, and of a gravity sewer line serving the
Center flowing to the lift station, and of a pressure line from the lift station back
north to the City sewer line in Deinhard Lane. Subsequently BI and Scott entered
into an AGREEMENT REGARDING SEWER HOOKUP effective October 19, 1992 which
provided for their mutual construction of that lift station, to be relocated at the
southerly end of Scott's property which lies across Jacob Street to the south of the
Center, with attendant lengthening of the two sewer lines. City consented to that
relocation of the lift station. City then contemplated the construction of an airport
basin sewer interceptor, to which the gravity sewer line would ultimately be
connected. The design for such interceptor was approved by the City Council in
November, 1992; but a timetable for its construction and a plan for its financing
have yet to be adopted, and its completion thus cannot be guaranteed.
2. BI and Scott granted each other reciprocal easements to provide for the location,
use, repair and maintenance of the sewer lines under an Easement Agreement of
November 23, 1992.
3. On October 19, 1992 the parties entered into a LIFT STATION AGREEMENT to
provide for the ownership, operation and maintenance of the lift station and of the
related gravity and pressure sewer lines, and of the easements necessary to protect
the location, use, repair and maintenance of the lines. That Agreement also
contemplated the construction of an airport basin sewer interceptor. Under that
Agreement the easements described in paragraph 2 above were assigned to City.
The Agreement contemplated the connection to the airport basin sewer
interceptor, and connection of utilities into systems to the west.
4. In the zoning approvals for Scott's mobile/manufactured home park, Jacob's
Manor, provision was made for water system extensions.
5. Although the airport basin sewer interceptor construction project remains beyond
the financial capacity of the City at this time, intermediate construction is
occurring within the "East Highway 55 LID" which makes awaiting the
interceptor inappropriate as a time for the City to take over all the collection
facilities (other than individual connections) on the Scott and BI properties.
6. When constructing Jacob's Manor, Scott did not install water meter pits on the
property for each homesite.
Agreements
7. BI and Scott dedicate to the City, and the City accepts, the water distribution and
gravity sewer collection and pressure transmission systems on the subject
property between the boundary of Jacob's Manor with the East Highway 55 LID
on the southwest, and Deinhard Lane on the north. Dedication of the water and
sewer lines includes grant of an easement 20 feet wide, centered over each pipe,
for its use, repair and maintenance, including replacement in whole or part, all as
AGREEMENT TO TAKE OVER SEWER
FACILITIES, CITY, SCOTT, Bi OWN'S INDUSTRIES printed January 18, 1996
page 1
appropriate in the opinion of the City. The City is thus free to connect other users
as City sees fit. Scott agrees that upon installation of a mobile/manufactured home
on a lot in Jacob's Manor, Scott will provide at his expense an approved water
meter installation with respect to each such home using equipment furnished by or
approved by City at the time and in a configuration approved by City at the time.
8. City has contracted with Payette Lakes Water and Sewer District for the
maintenance of all of the City sewer system.
9. BI and Scott are released from their joint and several liability to the City to
reimburse the City amounts billed to City by such District for such maintenance,
except for amounts already billed to BI and/or Scott and remaining unpaid, if any.
10. Scott grants to City an easement 20 feet wide centered over the centerline of each
pipe, for the water and sewer extensions connecting water and sewer systems in
Jacob's Manor to water and sewer systems to the west, as are presently
constructed or under construction by Bezates Construction as part of the East
Highway 55 LID. If Scott so desires, and after receipt of as -built drawings, the
descriptions of these easements shall be refined and a more formal grant of
easement entered into without further consideration.
11. BI and Scott confirm their 1992 assignment to City of the easements created by
the above -recited Easement Agreement as described on Exhibits C and D thereto.
BI and Scott warrant that the gravity sewer line is located on the centerline of
such easement.
12. City will pay BI and Scott as their interests may appear $3,000 for the lift station
equipment and facilities within Jacob's Manor, primarily concrete and pipes,
which the City will use for the gravity and pressure connections according to the
City design under the East Highway 55 LID. The balance of the lift station
equipment not so required, primarily pumps and controls, will be packaged by
City and delivered to BI's property west of the McCall Municipal Airport.
13. If any legal action or proceeding related to this Agreement is begun by any party to
this Agreement, the prevailing party shall be entitled to recover its commercially
reasonable attorneys fees and witness and expert witness fees, incurred in
prosecuting or defending the same. The City shall be entitled to such fees, if the
prevailing party, notwithstanding the fact that the City Attorney is salaried.
14. This Agreement is governed by the law of Idaho; and Valley County, Idaho is the
proper venue.
15. Time is of the essence with respect to the obligations of the parties under this
Agreement.
16. Any rights and remedies stated in this Agreement are cumulative.
17. The neglect of any party to enforce its rights at any particular times or upon any
particular occurrences shall not preclude resort to those rights at any other time or
with respect to any other occurrences. Any waiver of any right must be done in a
writing executed by the party to be charged with such waiver, and executed with
no fewer or different formalities and approvals than were attendant upon
execution of this Agreement.
18. This Agreement shall bind and inure to the benefit of the parties and their
respective heirs, successors and assigns.
19. A11 Attachments and other attachments, if any, to this Agreement are a part of this
Agreement. This Agreement constitutes the entire Agreement between and
among the parties as to the matter set out in it, and all prior negotiations and
discussions, memoranda, correspondence, and communications are merged into
and extinguished by this Agreement, including also the AGREEMENT REGARDING
AGREEMENT TO TAKE OVER SEWER page 2
FACILITIES, CITY, SCOTT, BROWN'S INDUSTRIES printed January 18, 1996
SEWER HOOKUP, and the LIFT STATION AGREEMENT recited above under the
recitations in the section entitled Background; provided, however, that nothing in
this Agreement shall be held to merge into this Agreement any unsatisfied
obligation under a Subdivision or Development Agreement, or the conditions of
the approval of any zoning use.
20. Any notice which a party to this Agreement desires to give another respecting a
matter covered by this Agreement shall be hand -delivered (with signed receipt for
delivery obtained) to or mailed to that party at its (his) address set out below:
Dated:
Att
City of McCall
attn.: City Manager
216 East Park Street
P O. Box 1065
McCall, ID 83638
Malcolm H. Scott
P. O. Box 230
McCall, ID 83638
ames H. Henderson,
City Clerk
Brown's Industries, Inc.
attn.: Judd DeBoer
P. O. Box 1007
McCall, ID 83638
City of McCall
by:
William M. Killen,
Mayor
Brown's Industries, Inc.
by:
Jud f eBoer, President
State of Idaho )
) ss.
County of Valley )
On is 5-4 day of , in the year 1996, before me,
hhip, , notar public, personally appeared William M. Killen,
known or identified to me to be the Mayor of the City of McCall that executed the said
instrument, and acknowledged to me that such City of McCall executed the same.
Notary Public for Idaho
My commission expires: B 110260,2-,
AGREEMENT TO TAKE OVER SEWER
FACILITIES, CITY, SCOTT, BROWN'S INDUSTRIES printed January 18, 1996
page 3
State of Idaho )
) ss.
County of Valley ) �-
On this of La) , in the year 1996, before me,41 g` /9
, notary public, personally ap • Malcolm H. Scott, known or ++.+a""""''��.►,,
identified to me to be the person whose name' is sub cribed to the "thin instrument ++• DA �s �'',
acknowledged to me that he executed the same.
X
otary Public for Idaho
My commission expires:,
State of Idaho )
) ss.
County of Valley )
On this '`> day of t , in the year 1996, before me,j� Ctcl,,�
, notary public, personally ppeared Judd DeBoer, known or identified to
me to be the President of BroWes Industries, Inc., the corporation that executed the said
instrument or the person who executed the instrument on behalf of said corporation, and
acknowledged to me that such corporation executed the same.?
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Notary Public for Idaho
My commission expires: Y� / ,,-)6%6T /
AGREEMENT TO TAKE OVER SEWER page 4
FACILITIES, CITY, SCOTT, BROWN'S INDUSTRIES printed January 18, 1996