Mou/Moa - 2009 - Eagle Commons / Bald Eagle Pointe Subd / New Water System - 1/15/2009
MEMORANDUM OF AGREEMENT
This Memorandum of Agreement ("MOA") is made and entered into this I~ay of
..::s ().n.LUl~ ' 2009, between the CITY OF EAGLE ("CITY") and Bank of the
Cascades, (" NER") to document the development of a water system to serve the
proposed Eagle Commons (aka Bald Eagle Pointe) Planned Unit Development located in
Ada County, Idaho ("Eagle Commons [aka Bald Eagle Pointe] Planned Unit
Development" or "SUBDIVISION").
The purpose and objective of this MOA is to document and require OWNER to
construct a water system to deliver municipal water to the SUBDIVISION for potable
water and to provide for irrigation and aesthetic and other uses of water in compliance
with Eagle City Code Title 6, Chapter 5 Water System.
RECITALS
WHEREAS, OWNER has represented that it plans to construct a
SUBDIVISION consisting of forty-five (45) units in the SUBDIVISION; and
WHEREAS, OWNER is desiring to annex into the CITY and develop the
SUBDIVISION in the CITY; and
WHEREAS, the SUBDIVISION will reqUIre municipal water to serve the
residential development in the Subdivision; and
WHEREAS, as a condition of development and annexation of the
SUBDIVISION into the CITY, OWNER is required to construct a potable water system
for the purpose of serving the SUBDIVISION in order to comply with Eagle City Code 9
6-5-23; and
WHEREAS, the CITY currently has certain municipal water rights to supply
potable water to its customers; and
WHEREAS the CITY believes that such municipal water rights are adequate to
supply the potable water needs ofthe SUBDIVISION at this time; and
WHEREAS the OWNER agrees and intends to supply irrigation and aesthetic
water for the SUBDIVISION;
NOW THEREFORE, the CITY and OWNER agree as follows:
1. OWNER shall, at its expense, design and construct a water distribution
system to provide potable water to SUBDIVISION and transfer the water
distribution system to the CITY. The water distribution system shall be
connected to the existing CITY water distribution system at a point that is
mutually agreeable to CITY and OWNER. The design and construction
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of the water distribution system shall be subject to the approval of the City
Engineer and Public Works Director consistent with Eagle City Code 9 6-
5-23. Should the City's water rights and facilities not be adequate to
supply potable water at the time of development, the City and Owner
agree to cooperate to secure such rights and facilities consistent with Idaho
Code and City ordinances.
2. OWNER agrees that it will design and develop a pressurized irrigation
system to supply the irrigation and aesthetic water needs of the
SUBDIVISION. Where available, OWNER shall use existing or
acquired groundwater water rights to supply the irrigation and aesthetic
water. OWNER may at its discretion convey title and authorization to
manage the irrigation system to a duly organized Homeowners
Association.
3. OWNER understands and agrees that this MOA may be incorporated into
a development agreement between the CITY and OWNER as part of the
rezone approval process.
4. Each party signing below attests and declares under penalty of perjury that
the party has authority to sign on behalf of the indicated entity or entities.
OWNER,
Bank of the Cascades
By
Frank I Wheeler, Executive Vice President
~
THE CITY OF EAGLE,
a municipal corporation
By
Phil Bandy, Mayor
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ATTEST:
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Sharon . Bergmann,~
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STATE OF IDAHO )
: ss.
County of Ada )
On this 15Tlr1day of --.J ~'-) ,2009, before the undersigned notary
public in and for the said state, personally appeared PHIL BANDY, known or identified
to me to be the Mayor of the City of Eagle and the person who executed the foregoing
instrument on behalf of said City and acknowledged to me that said City executed the
same.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year
first above written.
ty-~-\-&. ~'~~--r
Notary Public for daho
Residing at: [h~yY"'( t,O\.A.....Y""'\~
My Commission Expires: rY)~ l'L, WI4-
STATE OF OREGON)
: ss.
County of Deschutes )
On this [411-- day of J A.Y\ LA. 11 V1~ ' 2009, before the undersigned notary
public in and for the said state, personally(hppeared Frank I Wheeler, Executlve VIce
President, a member of Bank of the Cascades, known or identified to me to be the owners
of the property referenced herein and the persons who executed the foregoing instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year
first above written.
OFfICIAL SEA\..
HEIDI RODGERS
NOTARY PUBLIC- o:t~g~o
.' COMMlSS}J?~R~~]UL 24, 2011
MY COMMISSION ~r
~Cffij)le-q
'LOH
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