Loading...
Mou/Moa - 2005 - Eaglefield Subdivision - Water System - 9/13/2005 09/13/2005 TUE 02:52 FAX I4J 0021008 MEMORANDUM OF AGREEMENT This Memorandum of Agreement ("MOA'') is made and entered into this ~ day of - September, 2005, between the CITY. OF EAGLE ("CITY') and EAGLEFIBLD, LLC - ("EAGLEFIELD") to document the development of water rights and wens for the proposed Eaglefield Subdivision located m Ada County, Idaho ("Eaglefield Subdivision" or "Subdivision"). The purpose and objective of this MOA is to require EAGLEFIELD to acquire sufficient municipal water, rights and develop sufficient wells to deliver municipal water to the Eaglefield Subdivision in compliance with and consistent with the intent City of Eagle Ordinance No. 479. RECITALS , , WHEREAS, EAGLEFIELD is in thc process of developing and seeking to annex th~ , Eaglefield Subdivision into the CI1Y; and WHEREAS, the Eaglefield Subdivision will require municipal water and accompanying wells to serve the residential development in the Subdivision; and WHEREAS, to facilitate ntUlexation of the Eaglefield Subdivision into the CITY and the development of the Subdivision, EAGLEFIELD is required to acquire and develop sufficient water rights and wells for the purpose of serving the Subdivision in order to comply with City Ordinance No. 479; and \ WHEREAS, the CITY has filed an application for a water nght No. 63-32090 that is \ agreed to be sufficient for the Eaglefield Subdivision; and WHEREAS, EAGLEFIELD has thoroughly reviewed that application, the protests to the application, and is fully aware of the steps and procedures necessary to license the application, PAGE I of4 09/13/2005 TUE 02:53 FAX I4J 003/008 and comply with City Ordinance No. 479, and agrees the application would best meet the needs of the Eaglefield Subdivision; and WHEREAS, EAGLEFIELD has detennined that it is in its best interest to use the CITY's - application in order to meet EAGLEFIE~D's obligations to provide potable water for the - Eaglefield ~ubdivision pursuant to City Ordinance No. 479; and WHEREAS, the CITY has agreed to allow EAGLEFIELD to utilize the CITY's application in order to acquire the necessary water rights for the Eaglefield Subdivision as set forth jn the application_ NOW THEREFORE, the CITY and EAGLEFIELD agree as follows: I. The CITY shall proceed to license the CITY's application No. 63-32090. EAGLEFIELD agrees to pay the CITY for the services of appropriate experts and counsel ,to ~ , take all steps necessary to complete licensing of the application including meeting any requirements r.equired by the Idaho Department of Water Resources. Title to the wat~r righi, shall remain in the CITY's name. 2. EAGLEFIELD agrees to cooperate in all respects with the CITY in the licensing procedure and to execute such documents as are deemed necessary by the CITY in its sole discretion 10 complete the development of the water right, the development of wells, and the conveyance of any interest in land necessary to accomplish the objectives of this MOA. EAGLEFIELD further acknowledges the interest of the CITY in the application and agrees to take all steps necessary to protect and defend the CITY's intC{I'est in the application. , \', EAGLEFIELD further agrees to enter into a Joint Defense Agreement \Vith the CITY with regard to any legal proceedings involved in processing the application and to takc all actions necessary to protect communications between the CITY and EAGLEFIELD as appropriate, including all PAGE 2 of4 09/13/2005 TUE 02:53 FAX I4J 004/008 communications between and among counsel and other parties representing the CITY and EAGLEFIELD. 3. EAGLEFIELD shall, at its own expense, develop wells designed to meet all - municipal well requirements in accordanc~ with all applicable laws and regulations and transfer - the same to the CITY. The municipal wells and their construction shall be subject to the approval of the CITY Engineer consistent with City Ordinance No. 479_ 4. Upon the signing of this MOA, EAGLEFIELD will take all steps necessary to guarantee that it has the authority with respect to the land where the point(s) of diversion of . water right application No. 63-32090 are located to convey such land to the CITY for the well site and any easements necessary to provide water delivery from the well(s) to the Eaglefield Subdivision or to otherwise connect to the CITY water system as determined by the Cl~Y , Engineer and shall convey such lands to the CITY upon notice by the CITY. Proof of such i authority shall be provided to the CITY. : 5. EAGLEFIELD understands and agrees that licensing of the municipal water right and transfer of the municipal wells and necessary easements as set forth above are an absolute condition for approval of the final plat of the EaglefieJd Subdivision, and the CITY Clerk will not sign the final plat until the water right is licensed and wells are completed, all necessary interests conveyed to the CITY, the water right and wells are ready and able to deliver water to the Subdivision, and all costs and expenses owed to the CITY pursuant to Ordinance 479 have been paid to the CITY and others. EAGLEFIELD further understand~ and agrees that the above ,\ described water right and municipal wells, as approved by the CITY, the Idaho Department of Water Resources and the Department of Environmental Quality, shall be the means by which Eaglefield Subdivision is supplied potable water. PAGE 3 of4 09/13/2005 TUE 02:53 FAX [4J 005/008 6. Where appropriate, the CITY will consider whether a cash bond, irrevocable letter of cred;t, or similar instroment may be acceptable to the CITY to guarantee performance by EAGLEFIELD. 7. EAGLEFIELD understands .and agrees that this MOA may be incorporated into a - - developme!lt agreement between the CITY and EAGLEFIELD as part of the rezone approval process. 8. Each party signing below attests and declares under penalty of peljury that the party has authority to sign on behalf of the indicated entity or entities, and that the non-CITY entities are bound by this MOA. ~ By: Peter Harris, Manager / , For the CITY 'OF' EAGLE Attest: il~o jL, 0p~ ~III~ .' f f.AOI.~ , tt-ii 0 ....... I~y 'O"A~X \ ./ SHAR N BERGMAN City Clerk t o~ , (,J ,.' ;: I' . v~.O ' .. ~~~",~l~1 " PO".....~~ ~ ~ ~.. ,d'1'-4 TE ~",.. ,'....... PAGE 4 of4