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Home My WebLink About19920406 Improvement Agreement for Constructing Extension of the City Water System C- Mo IMPROVEMENT AGREEMENT FOR CONSTRUCTING -E1X!ENSIOII OF THE CITY WATER SYSTEI4 This Agreement_made and entered into this 6t- day of 19Y�, by and between the CITY OF TUIN FALLS, State of Idaho, a municipa corporation, hereinafter called City and, `ti�,�N rt,, 10 e.1 ; ' hereinafter called Owner' for the purpose o� constrChn9 an c�czt ns'Io o ihe�— City Water System, WHEREAS, Owner certifies that• he is owner in fee simple or the authorized agent of the Owner in fee simple of the following described real property: (SEE ATTACHED) and; WHEREAS, there is attached hereto and incorporated herein as if the same were set ont In full, a certified copy of the deed to the above described real property showing ownership of said real property to be In Owner, or, as the case may he, there Is attached hereto and Incorporated herein as if the same were set out 11, full, a copy of t.ire deed to the above described real property showing ownership in fee simple In someone other than Owner together with a notarized authorization, signed by the real property owner, authoriting Owner to act on behalf of said real property owner, and; WHEREAS, the Owner desires to connect to the City Water System and said connection requires an extension of the City System, and; WHEREAS, the Owner is required to pay for said extension either due to the fact that his property was annexed into the corporate limits of the City after June 17, 1963, or due to the fact that the Owner has signed an agreement for water service outside the corporate limits of the City and; WHEREAS, it is in the best interest of the City and Owner to clearly establish in one concise document the ordinances, rules and regulations which apply to water line extensions and the payment therefor. WITNESSETH That for and in consideration of the mutual promises and covenants con- tained herein the City and Owner agree as follows: 1. City agrees to operate and maintain all approved water lines constructed under the terms of this Agreement in any public way and provide water service to the Owner's real property, subject to all Ordinances, rules and regulations governing supply of water. II. Owner agrees to obtain a permit from the Twin Falls Highway District or the State of Idaho Department of Highways when constructing improvements on their respective right-of-ways. A certified copy of said permit or the original of said permit shall be submitted to the City prior to beginning construction thereon. M. Owner agrees to dedicate rights-of-why to the public for the development of all streets and alleys in accordance with the City Master Street Plan and for the maintenance and operation of all public utilities. The size and location of said rights-of-way shall be detennined by the City. IV. Owner agrees to pay the total actual cost of all materials, labor and equipment necessary to cori>letely construct all water lines, valves, and fittings required to transport water from the existing*City Water System to the building site together with any loops heck to the City Water System required to provide a properly functioning system. Said water lines shall be Of sufficient size (6 inch mintmum) and capacity to adequately supply all the needs of the Owner. and of greater size if required by the City to conform to the City wide water system network. V. If construction of an oversize line is required by the City Engineer, any system development fees owed for water service shall be reduced by the amount of additional expense attributed to the requirement that an oversized line be constructed. There shall be no reduction in the system development fee if oversize lines are not required. The amount of reduction in system development fees due to construction of oversize line shall not exceed the amount of the system develop- ment fee for the whole development. The City shall provide no compensation for the cost of an oversize line other than the above. in the case of water 11ne extended adjacent to or outside the limits of the development, the Developer shall be eligible for payback from adjacent property owners pursuant to Resolution Ito. 1102. VI. The Owner agrees to construct or contract separately for the installation Of all water mains under the terms of this agreement and contingent upon it. Said installation shall be in conformance with plans and specifications approved by the City Engineer and shall be subject to approval of the City Engineer prior to the use thereof, V1I. The Owner agrees to construct one water service line to each building site at the time the water lines are installed. Said service line shall terminate at the building site property line but shall not exceed fifty feet in length. Said terminaLion point shall be near the center line of the lot or at some other location as requested by the Owner and approved by the City Engineer. The City will make the water line tap but no building shall be connected to a water service line until the application for a Water Connection General Permit has been approved by the Water Superintendent and all fees paid. VIII. The City kill make all servlce line taps and install all meter boxes and that the fee paid by the applicant. for a Water Connection General Permit will reimburse the City for such work. It is further understood and agreed that the City will make all connections to the existing water system and will disinfect the new water- system and that the actual cost of such work will be determined by the Water Superintendent and will be paid by the developer. CITY OF TWIN FALLS STATE OF IDAHO County of Twin"Falls ss. On this day of z 19fL'', before me, the andrsirned a floc ary Public fo� personally appeared (Cle,,,L,__known to me to be the C-192— �� of the City of Twin Falls whose name is subscribedo the foregoing Agreement and acknowledged to me that he executed the same on behalf of the City of Twin Falls. IN WiTNESS WHEREOF, I have set my hand and seal the day and year first above written. , (�`,-�`�;'t_._�— `'' t ubIrc for Idaho (, y t; esiding at T` 14s, Idaho o��LlC -2- DEVELOPER T...;,✓ //s -T.✓vss 1 Dy__X2` / STATE OF 1DAHO County of Twin Falls) ss. On this(oi^ day of n or; 199d , before me, the undersigned, a Votary Pub c or aho, personally appear ' for known to me to be the persons whose names are subscr be to t e w tl of instrument leg and acknowledged to me that he is the ally qualified signator and that he has executed this instrument as the Owner. IN WITNESS WHEREOF, I have hereunto set my hand and seal the, day and year first above written. �- 4p`T;py :' Residing at Twin Falls, Idaho / 1 i 1.OmmiSSlG rry Ewpi✓P,S IO •.3�_Q lip 0_ . •. . , , .: t. . yam- oogoso