Full Text
UTILITY SURCHARGE PAYMENT AGREEMENT BETWEEN MATT RUCK AND CITY OF MOSCOW, IDAHO This Agreement entered into this lf day of September, 2001 by and between Matt E. Ruck, 31 9 East znd Street, Moscow, Idaho, 83843, (hereinafter "DEVELOPER") being developer of real property described herein and City of Moscow, Idaho, a municipal corporation of the State of Idaho, 206 East Street, Moscow, Idaho, 83843 (hereinafter "CITY"). W I T N E S S E T H WHEREAS, DEVELOPER desires to develop property located wifhin Christopher's Crossing Addition to fhe City of Moscow and more commonly known as 1 638 Christopher Lane, Moscow, Idaho, 83843, (hereinafter "PROPERTY"); and WHEREAS, DEVELOPER understands that DEVELOPER is required to pay a surcharge amount for City water and sewer services for PROPERTY; and WHEREAS, DEVELOPER understands that the surcharge fees charged for such PROPERTY are a result of public utility improvements paid for by CITY which directly benefit PROPERTY; and WHEREAS, DEVELOPER understands and agrees that such improvements were necessary to provide for mitigation of the effects of Christopher's Crossing Addition subdivision development (including PROPERTY) on the ability of CITY to deliver services without compromising quality of such service deliver to current City residents, the public, or imposing substantial additional costs upon current City residents to accommodate Christopher's Crossing Addition subdivision (including PROPERTY); and WHEREAS, DEVELOPER and CITY believe fhat, without the public improvements required herein (including the extension of water and sewer to PROPERTY), CITY would not be able to otherwise provide for mitigation of the effects of Christopher's Crossing Addition subdivision development on the ability of CITY to deliver services wifhout compromising quality of such service delivery to current City residents or wifhout imposing substantial additional costs upon current City residents to accommodate Christopher's Crossing Addition subdivision (including PROPERTY); and WHEREAS, there is a family currently residing within the structure located at 1 638 Christopher Lane, Moscow, Idaho, 83843, who is being provided CITY water and sewer service without having paid the appropriate surcharge related to PROPERTY; and WHEREAS, DEVELOPER wishes to continue CITY'S water and sewer services to PROPERTY without interruption; and WHEREAS, CITY agrees to continue to provide City water and sewer services to PROPERTY and further agrees not to evict current residents at the property located at 1638 Christopher Lane, Moscow, Idaho, 83843, as long as DEVELOPER wholly complies to this Agreement; and WHEREAS, CITY agrees to allow DEVELOPER to pay total surcharge amounts for PROPERTY in four equal installment payments and as otherwise provided herein. UTILITY SURCHARGE PAYMENT AGREEMENT RE: MATT RUCK September 2001 Page 1 of 4 2001-49 ---PAGE BREAK--- WHEREFORE, the parties agree as follows: L DEVELOPER agrees to do the following: Pay the total of Two Thousand Eight Hundred and No One-Hundredths Dollars ($2,800.00) in four equal installments in the following amounts: On or before September 30, 2001 On or before October 31, 200 I On or before November 30, 2001 On or before December 31, 200 I II. CI1Y agrees to do the following: Payment Seven Hundred and No One Hundredths Dollars ($700.00) Seven Hundred and No One Hundredths Dollars ($700.00) Seven Hundred and No One Hundredths Dollars ($700.00) Seven Hundred and No One Hundredths Dollars ($700.00) A. Continue City water and sewer services to PROPERTY without interruption subject to the terms of this Agreement. B. Not evict current residents of 1 638 Christopher Lane, Moscow, Idaho, 83843, from PROPERTY prior to 5:00 p.m. December 31, 200 I, subject to the terms of this Agreement. C. Continue to provide City water and sewer services to PROPERTY following December 31, 200 I upon DEVELOPER'S compliance to this Agreement. III. FAILURE TO COMPLY: A. DEVELOPER agrees to pay all expenses incurred by CITY in enforcing this Agreement, including but not limited to, damages and attorneys' fees. B. DEVELOPER agrees that failure to meet the requirements of this Agreement, including, but not limited to, the requirements stated in Section I shall result in the immediate and automatic cancellation/suspension of any and all pending building permits associated with Christopher's Crossing Addition. C. DEVELOPER agrees that the balance of all payments or portions thereof under Section I of this Agreement which are due and owing on December 31, 200 I at 5:00 p.m. shall become immediately due. IV. BINDING ON HEIRS, ASSIGNS AND PURCHASERS: This Agreement shall be binding upon the heirs, assignees of the parties, and subsequent purchasers of the property described herein. UTIL!TY SURCHARGE PAYMENT AGREEMENT RE: MATT RUCK September 2001 Page 2 of 4 ---PAGE BREAK--- V. VENUE AND ATTORNEY FEES: The parties agree that should any provision of this Agreement be litigated in the future, venue for such litigation shall be with the District Court of the Second Judicial District of the State of Idaho in and for the County of Latah. VL MODIFICATION: DEVELOPERS and CITY agree that the provisions of this Agreement may be modified only upon written request of DEVELOPER accompanied by a complete set of development plans, and acceptance of such modification by the City Council or by a subsequent development agreement between the parties. VII. NOTICES: Any notice required or called for by this Agreement shall be deemed served upon the party to whom it is sent when delivered by certified or registered United States Mail to the following addresses: DEVELOPER: CITY: VIIL UNDERSTANDING: Matt E. Ruck 319 East Second Street Moscow, ID 83843 Telephone: (208) 882-5067 Marshall H. Comstock, Mayor City of Moscow P 0 Box 9203 206 East Street Moscow, ID 83843 Telephone: (208) 883-7000 Facsimile: (208) 883-7018 DEVELOPER has read and has understood this Agreement and the contents thereof and has had the opportunity to avail himself of legal and of other counsel before entering into this Agreement and before signing it, and hereby enters into it voluntarily, willingly, and without inducement IX. ENTIRE AGREEMENT: DEVELOPER and CITY understand that this is the entire Agreement regarding the provision of City water and sewer services to the PROPERTY and that nothing herein is intended to or shall affect or modify any other Agreement between CITY and DEVELOPER. UTIUTY SURCHARGE PAYMENT AGREEMENT RE: MATI RUCK September 2001 Page3of4 ---PAGE BREAK--- IN W ITNESS WHEREOF, DEVELOPER and CITY have executed this Agreement to be effective the date first above written. DEVELOPER: tt . k STATE OF IDAHO ) ) ss: County of Latah ) CITY: ']kt:r!lz)J!:c;j_ Mark R. Cook, P.E. Director Public W orks On this I (5f'day ber: 200 I, before me, the undersigned, a Notary in and for said State, personally appeare Matt E. Ruck, known to me to be the person whose name 1s to the foregoing and acknowledged to me that he executed the same. IN W ITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year hereinabove written. 11 1111 1 11 \I If/ GILCHt . . . • . • • · • • r K .·uoTAAY . . - • _ • - : _ Resit Dd: in gatÇi!tf1r= ·d . PUBt.\C My c 0 r: • • • . . • • • • q STATE OF IDAHO Ol' ) §/;!11!111\, County of Latah ) On this day of S l/i1 VVl bu.· 200 I, before me, the undersigned, a Notary in and for said State, personally appeare\J Mark R. Cook, known to me to be the person whose name is subscribed to the foregoing and acknowledged to me that he executed the same. IN W ITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year hereinabove written. " • . • • • rl ' N v v·.rr. ' ' , J : ttOTARy - . . - . . - . . . - - . - - . = - . . - - . c . Agrcement\Ruck,Matt;nOOI'plll• L p NOTARY PUBLIC !Qr Idaho, , . • I Residing at {;z5lli (JI UIJIR L uii£uJvJfovu J . .{}ALZ-/Uf My Commission expires: b 7 ' UTLLITY SURCHARGE PAY1ioll!! Of AGREEMENT RE MATI RUCK 1/JII\ September 2001 Page 4 of4