Mou/Moa - 2018 - Central Waterline Agrt - 6/4/2018ADA COUNTY RECORDER Christopher D. Rich 2018-055092
BOISE IDAHO Pgs=7 BONNIE OBERBILLIG 06/15/2018 08:17 AM
EAGLE CITY NO FEE
1111111111111 111111 1 1111111 11111 11111 I II I 1111111111
00507859201800550920070078
CENTRAL WATER LINE AGREEMENT
Parties: 1. City of Eagle
2. SMKM LLC, an Idaho limited liability company
THIS CENTRAL WATER LINE AGREEMENT (hereinafter "this Agreement"), is made
and entered into this 'Ph day of uh p , 2018, by and between City of Eagle, a
municipal corporation of the State of Idaho (hereinafter called "City"), and SMKM LLC, an
Idaho limited liability company whose address is 11755 W. Rockhampton Street, Boise ID
83709 (hereinafter called "Owner/Developer").
RECITALS
WHEREAS, Owner/Developer is the sole owner, in law and/or equity, of that certain
tract of land in the City of Eagle, County of Ada, State of Idaho, described in Exhibit A,
comprised of Parcel 1 and Parcel 2 which is attached hereto and by this reference incorporated
herein as if set forth in full (hereinafter referred to as the "Property"); and
WHEREAS, as a condition of approving the parcel division of Parcel 1 and Parcel 2, the
City has required, inter alia, that Owner enter into and record an agreement creating the
obligation to extend a central water line to the boundary of Parcel 2 on the terms and conditions
set forth herein.
NOW, THEREFORE, in consideration of the covenants and conditions set forth herein,
the parties agree as follows:
1. INCORPORATION OF RECITALS. That the above recitals are contractual
and binding and are incorporated herein as if set forth in full.
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:
(a) City means and refers to the City of Eagle, a party to this Agreement,
which is a municipal Corporation and government subdivision of the State of Idaho, organized
and existing by virtue of law of the State of Idaho.
(b) Owners/Developers means and refers to SMKM LLC, an Idaho limited
liability company whose address is 11755 W. Rockhampton Street, Boise ID 83709 and shall
include any subsequent owner(s) or developer(s) of the Property.
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(c) Property means and refers to that certain parcel(s) of Property located
in the County of Ada, City of Eagle as described in Exhibit A as Parcel 1 and Parcel 2, attached
hereto and by this reference incorporated herein as if set forth at length.
3. CONDITIONS GOVERNING DEVELOPMENT OF PARCEL 1 AND
PARCEL 2.
(a) Prior to the City Engineer signing the final plat for Parcel 1, Owner shall
extend a central water line sufficient for single family residential to the boundary of Parcel 2.
(b) Upon the failure of the existing well located on Parcel 2, the owner of
Parcel 2 at that time, at that owners sole cost and expense, shall be obligated to connect the
residence located on Parcel 2 to the central water system serving the area the Property is
located in.
(c) Additional well(s) and or re -drilling of the existing well is prohibited.
4. REQUIREMENT FOR RECORDATION. Owner shall record this Agreement,
including all of the Exhibits.
5. REMEDIES. This Agreement shall be enforceable in any court of competent
jurisdiction by either City or Owner/Developer, 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.
(a) In the event of a material breach of this Agreement, the parties agree that
City and Owner/Developer shall have thirty (30) days after delivery of notice of said breach to
correct the same prior to the non -breaching party's seeking of any remedy provided for herein;
provided, however, that in the case of any such default which cannot with diligence be cured
within such thirty (30) day period, if the defaulting party shall commence to cure the same
within such thirty (30) day period and thereafter shall prosecute the curing of same with
diligence and continuity, then the time allowed to cure such failure may be extended for such
period as may be necessary to complete the curing of the same with diligence and continuity.
(b) In the event the performance of any covenant to be performed hereunder
by either Owner/Developer 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.
6. ABIDE BY ALL CITY ORDINANCES. Owners/Developer agrees to abide by
all ordinances of the City of Eagle.
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K: Planning Dept•Fagle Applications. Parcel Drvtstons:2018 PD -02-18 SMKM CENTRAL WATER LINE Agreement doc
7. NOTICES. 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 Mail, registered or certified mail, postage prepaid, return receipt requested,
addressed to the addresses set forth above. A party shall have the right to change its address by
delivering to the other party a written notification thereof in accordance with the requirements of
this section.
8. 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 attorneys' fees as determined by a Court of
competent jurisdiction, including reasonable attorneys' fees on appeal. This provision shall be
deemed to be a separate contract between the parties and shall survive any default, termination or
forfeiture of this Agreement.
9. 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.
10. RELEASE. Upon the satisfaction of each of the obligations set forth herein, the
City agrees to execute a recordable release of the relevant obligation which has been satisfied.
11. 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/Developer of the Property, each subsequent owner and
any 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 benefited and
bound by the conditions and restrictions herein expressed. City agrees, upon written request of
Owner/Developer, to execute appropriate and recordable evidence of termination of this
Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developer
has fully performed its obligations under this Agreement.
12. 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 from this
Agreement and the invalidity thereof shall not affect any of the other provisions contained
herein.
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IN WITNESS WHEREOF, the parties have herein executed this Agreement and made it
effective as hereinabove provided.
OWNER/DEVELOPER SMKM LLC, at Idaho ited liability company
CITY
ATTEST:
Sharon K. Bergmann, City Cler
By:
Its:
CITY OF EAGLE
By:
Its: A94YbR
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K:••Planning Dept,Fagle Applications•Parcel Dtvisions,.201&.PD-02-18 SMKM CFNTR \L WATFR LINF Agreement doc
STATE OF IDAHO )
) ss.
County of Ada )
On this T' v
LIT* day of ..��u�.
, 2018, before me, the undersigned, a Notary Public
in and for said State, personally appeared k c i r t Zu.c..kkR._ , known or identified
to me to be a member or manager of SMKM LLC, an Idaho limited liability company and the
person who signed the above and acknowledged to me that he executed the same on behalf of
said limited liability company.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
(SEAL) BRETT R. HAMM
NOTARY PUBLIC
STATE OF IDAHO
Notary Public for Idaho
a Residing at 1r►']s.p_1A,r+.0
My commission expires `?/Z; /2 02.0
STATE OF IDAHO
) ss.
County of Ada )
—771
On this j day of JAA , 2018, befor me, the undersigned, a Notary Public
in and for said State, personally appeared h `}� CrieVr Wa known or
identified to me to be the Ma ur , of the city of Eagle, who signed 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.
(SEAL)
TRACY E. OSBORN
NOTARY PUBLIC
STATE OF IDAHO
Z
Notary Pub
Residin
My comuniss
r Idaho
n expires Gy / _ - 4ZD4
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(JUB
J•U•B ENGINEERS, INC.
EXHIBIT A
EXHIBIT "A"
WOODCREEK ESTATES PARCEL DIVISION
LEGAL DESCRIPTION
THE
LANOOON
GROUP
GATEWAY
NAPPING
INC.
That portion of Parcel A according to Record of Survey No. 11007 recorded under Instrument No. 2017-
072173, Ada County Records, located in the East Half of Section 8, Township 4 North, Range 1 East,
Boise Meridian, in the City of Eagle, Ada County Idaho, particularly described as follows:
Commencing at the east quarter corner of said Section 8, from which the center quarter corner of said
Section 8 bears N 89° 20' 31" W, 2661.13 feet; Thence, along the east -west mid-section line of said
Section 8, N 89° 20' 31" W, 1331.10 feet to the east line of said Parcel A; Thence, along said east line,
S 00° 58' 45" W, 16.74 feet to the POINT OF BEGINNING;
Thence, along the south line of said Parcel A, N 88°33'16" W, 655.41 feet;
Thence, departing from said south line, N 00° 58' 51" E, 664.87 feet;
Thence, S 89° 14' 09" E, 217.85 feet to the centerline of Dry Creek;
Thence, along said centerline, S 24° 47' 13" W, 99.19 feet;
Thence, continuing along said centerline, S 10° 23' 47" E, 68.23 feet to the centerline intersection of Dry
Creek and the Dry Creek Canal;
Thence, along the centerline of said Canal, N 89° 13' 13" E, 19.00 feet;
Thence, continuing along said centerline, S 81° 08' 47" E, 177.00 feet;
Thence, continuing along said centerline, S 65° 06' 54" E, 295.10 feet;
Thence, departing from said centerline and along the east line of said Parcel A, S 000 58' 45" W,
370.13 feet to the POINT OF BEGINNING, containing 340,390 square feet or 7.81 acres, more or
Tess.
Robert L. Kazarinoff, PLS
Page 1 of 1
a 250 S. Beechwood Avenue, Suite 201, Boise, ID 83709 p 208-376-7330 www.jub.com
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EXHIBIT "C"
WOODCREEK ESTATES PARCEL DIVISION
SMKM, LLC