Title
Samaritan House, Inc. Water Connection Fees Waiver - For the purpose of extending City water service to the Samaritan House Campus for Recovery Facility; waiving any water connection fees; and matters generally relating to said water connection waiver of fees.
Body
CITY COUNCIL OF THE
City of Annapolis
Resolution 20-16
Introduced by: Mayor Pantelides and Alderwoman Finlayson
Referred to
Finance Committee
Economic Matters Committee
A RESOLUTION concerning
Samaritan House, Inc. Water Connection Fees Waiver
FOR the purpose of extending City water service to the Samaritan House Campus for Recovery Facility; waiving any water connection fees; and matters generally relating to said water connection waiver of fees.
WHEREAS, the City Council recognizes that heroin, substance abuse and drug addiction is a mounting problem in Annapolis and that there is an urgent need for construction of additional facilities to provide addiction and related services; and
WHEREAS, Samaritan House, Inc., a not-for-profit organization, has been providing addiction and related services to the citizens of Annapolis for over 40 years and is developing and constructing a new sixteen-bed facility to expand these services as part of a Campus of Recovery Facility (“the Facility”) located on Greenbriar Lane adjoining the City of Annapolis; and
WHEREAS, the City Council wishes to assist the Samaritan House in partnership with Anne Arundel County and the State of Maryland in providing assistance in development and construction of the Facility; and
WHEREAS, the Director of Public Works has determined that existing and/or funded facilities, capacity and infrastructure are sufficient to serve Samaritan House in addition to existing and reasonably foreseeable City water users, and the City has entered into a written agreement with Samaritan House for provision of this service; and
WHEREAS, the applicable laws and regulations of the City of Annapolis require approval by the City Council of water connection for a user outside the City and any waiver of fees.
NOW THEREFORE
BE IT RESOLVED BY THE ANNAPOLIS CITY COUNCIL that the City of Annapolis shall extend water service pursuant to the Water Service Agreement attached hereto and that the same is hereby approved, adopted and authorized.
AND BE IT FURTHER RESOLVED BY THE ANNAPOLIS CITY COUNCIL that water connection fees are hereby waived in accordance with the Water Service Agreement.
EXPLANATION
CAPITAL LETTERS indicate matter added to existing law.
Strikethrough indicates matter stricken from existing law.
Underlining indicates amendments.
CITY OF ANNAPOLIS WATER SERVICE AGREEMENT
This Water SERVICE Agreement (“Agreement”) is made this ______ day of __________, 2016, by and between the City of Annapolis, a municipal corporation of the State of Maryland (“City”), and SAMARITAN HOUSES, INC., a Maryland corporation (the “Property Owner”).
WHEREAS, the Property Owner is the fee simple owner of an improved parcel of land consisting of approximately five and 56/100 (5.56) acres, more or less, located at 2610 Greenbriar Lane, Annapolis, Maryland 21401 and as more accurately described in a deed recorded at Liber 03821, folio 257 among the Land Records of Anne Arundel County (collectively, the “Property”); and
WHEREAS, the Property Owner currently draws its water supply for the Property from a private, on-site well; and
WHEREAS, the Property Owner submitted an application to the City pursuant to Chapter 16.04 of the City Code, as may be amended, to obtain a permit (“Permit”) to connect with the City water utility system to obtain water service for the Property, which Permit is incorporated herein by reference; and
WHEREAS, it is the intention of the City that the City Department of Public Works (the “Department”) shall not grant final approval for this connection to the City water utility system until such time as it shall be satisfied that the proposed connection shall not result in or cause an inadequate water flow to the Property or to other properties served by the affected City water utility line and that the proposed connection satisfies other requirements of the Department; and
WHEREAS, this Agreement and the Permit do not include a request for sanitary sewer service; and
WHEREAS, the parties believe it to be in the public’s interest to permit the Property Owner to connect to the City water utility system.
NOW THEREFORE, in consideration of these premises and the mutual covenants and promises set forth below, and other good and valuable consideration, the receipt and sufficiency of which the parties acknowledge, the parties agree as follows:
1. Design and Construction.
a. The Property Owner, at its sole cost and expense, shall design and construct, subject to written approval by the City and the Department, a water connection system with all related equipment and work necessary to provide water service to the Property from the City water utility system, including a hydrant where the domestic service to the Property shall be split off from the City’s main water service line (collectively, the “Water Connection System”). The Water Connection System shall be constructed by the Property Owner pursuant to the City Code, as may be amended, and all City and Department standards. The approved plans and/or drawings for the Water Connection System, once completed, shall be attached hereto as Attachment A, upon completion and approval by the City and the Department.
b. The Water Connection System shall comply with Section 16.08.050 of the City Code, as may be amended, and all other City and Department requirements.
c. The Property Owner, at its sole cost and expense, shall submit all applicable applications; obtain all applicable permits and approvals, including, but not limited to, the Permit; enter into all applicable utility agreements; and obtain bonds in form and substance as used by the City to accomplish the design and construction of the Water Connection System. The Property Owner shall submit copies of all such applications, permits, agreements and bonds to the Department, in such form as the Department in its sole discretion may require.
d. The Property Owner, at its sole cost and expense, shall obtain from third parties (including, but not limited to, adjacent property owners) such permission as the City, in its sole discretion, may require to accomplish the purposes of this Agreement. Such permission shall be in a form deemed acceptable to the City in its sole discretion.
e. The Property Owner, at its sole cost and expense, shall install a back-flow prevention (RPZ) device inside the residence and/or building on the Property to prevent back flow from the Water Connection System into the City water utility system.
f. The Property Owner shall not open or cause another party to open the hydrant installed as part of the Water Connection System, and any violation of this provision shall be considered theft of water and the Property Owner shall be subject to fine and further prosecution regardless of who opened the hydrant. This provision shall not apply to when the City and/or a local fire department opens the hydrant.
2. Easements; Provision of Water Service.
a. Upon the completion of all of the requirements set forth in Paragraph 1 by the Property Owner, and the approval of the design and construction of the Water Connection System by the City and the Department, the Property Owner shall convey to the City such easements as the City may in its sole discretion require, including, but not limited to, an access easement to the Water Connection System and any related water meter. Any and all such easements shall be prepared and recorded at the sole cost and expense of the Property Owner.
b. The Property Owner further grants unto the City, and its employees and contractors, including the City’s Department of Public Works, and all local fire departments (City, Anne Arundel County, etc.) and the latter hereby accept a non-exclusive right of entry to enter upon the Property to flush the hydrant installed as part of the Water Connection System (the “Right of Entry”). As part of this Right of Entry, the City and/or any local fire department shall be allowed to discharge flushed water from the hydrant on the Property. The Property Owner hereby understands and agrees that the Right of Entry does not convey any maintenance responsibilities and/or liabilities to the City or any local fire department, and the Property Owner shall retain all maintenance responsibilities for the hydrant and the Water Connection System as specified in this Agreement.
c. The City shall provide water utility service to the Property and its improvements, all as reflected on a site plan to be attached hereto as part of Attachment A.
d. The City shall provide a single water meter for the Property, which shall be installed by the City at the Property Owner's sole cost and expense in such location(s) as shall conform with all City requirements. This water meter shall remain the property of the City.
e. The water utility service to be provided pursuant to this Agreement shall be for domestic use only and for fire protection.
f. The Property Owner shall not extend water utility lines installed under this Agreement to any other property, building and/or structure without the prior approval required by the Charter and Code of the City, as may be amended.
g. The City shall be obligated to provide water service to the Property on the terms provided in this Agreement, and the Property Owner shall be obligated to purchase all water utility services for the Property from the City. Provided, however, that the City's obligation to provide water service under this Agreement is specifically conditioned upon the Property Owner's performance of all of its duties and responsibilities hereunder and any breach thereof by the Property Owner or any decision by a judicial, quasi-judicial or administrative body invalidating any such duty or responsibility shall relieve the City of its obligations and responsibilities under this Agreement. The City’s obligation to provide water utility service under this Agreement is further expressly conditioned upon a finding by the Department that providing water utility service to the Property shall not result in or cause an inadequate water flow to the Property and/or other properties served by any affected water utility line.
3. Fees and Other Charges.
a. The Property Owner shall not be required to pay the two inch (2") water meter connection fee, the chlorine/bacteria test fee, the plumbing permit fee, or the inspection fee to the City for the Property.
b. The Property Owner shall pay all capital facility charges and assessments for water utility service to the Property, as are customarily charged by the City for customers outside of the City from time to time.
c. For any calendar quarter (or any portion thereof) in which the Property remains un-annexed into the City, the City shall charge and the Property Owner shall pay on a per unit basis the same rate for water service as is in effect for customers outside of the City from time to time, and any other charges and fees required by Chapter 16.08 of the City Code, as may be amended.
d. Breach of any provision of this Paragraph 3, in addition to other remedies provided herein, shall constitute a basis for temporary or permanent water utility service cut-off by the City to the Property.
4. Recordation; Binding.
a. It is expressly agreed that this Agreement shall be recorded among the Land Records of Anne Arundel County at the sole cost and expense of the Property Owner, and that the duties and responsibilities of this Agreement shall run with the title to the Property.
b. The parties and their respective successors, assigns and purchasers shall be entitled to all of the rights and privileges of this Agreement and shall be bound by all of its duties and responsibilities. All references to the “Property Owner” herein shall be interpreted to specifically refer to all of the Property Owner's successors, assigns and purchasers, without regard to privity with the City under this Agreement.
c. The terms of this Agreement shall be binding upon and shall inure to the benefit of the parties, any successor municipal authorities of the City or any successor quasi-governmental authority. Successor owners of record of the Property and/or the successors and assigns of the Property Owner may assign their benefits, rights, duties and obligations hereunder either as part of the conveyance of the Property as an entirety or severally as part of the conveyances of portions of the Property.
5. Inspections; Maintenance.
a. The Water Connection System, and any related specific devices installed as part of such System, shall be as approved by the Director of the Department.
b. At any time during normal business hours and upon reasonable notice of the City to the Property Owner, the Property Owner shall make the Property and the Water Connection System, as relates to this Agreement, available to the City, and its officials, officers, employees and agents, for inspection.
c. The Property Owner shall maintain and test the Water Connection System, at its sole cost and expense, on an annual basis.
d. Breach of any provision of this Paragraph 5, in addition to other remedies provided herein, shall constitute a basis for temporary or permanent water utility service cut-off by the City to the Property.
6. Indemnification.
a. The Property Owner shall forever indemnify, defend and hold harmless the City, its elected officials, appointees, directors, employees, agents, contractors and representatives from and against all liability for injuries to persons, including death, and damage to City property and other property arising from acts or omissions of the Property Owner, its officers, agents, employees, contractors, patrons, volunteers, guests or invitees resulting in connection with this Agreement, the Permit or the Water Connection System.
b. Property Owner indemnification does not limit any immunity which the City, its elected officials, appointed officers, directors, employees, agents, contractors and representatives are entitled to assert, and includes all costs and expenses, including attorney’s fees, whether or not related to administrative or judicial proceedings.
c. The City, in its sole discretion, may participate in handling its own defense or exclusively handle its own defense, and select its own attorneys, including the City Attorney. The indemnification for attorney fees applies whether or not the City Attorney or other attorney handles the defense.
d. The Property Owner shall reimburse the City, within thirty (30) calendar days after invoicing for such reimbursement, for any damage to the City's water utility system, water mains, facilities, equipment or other property caused by the negligence or willful misconduct of the Property Owner, its officers, agents, employees, contractors, patrons, volunteers, guests or invitees.
7. Breach/Default.
a. Upon five (5) calendar days written notice from the City to the Property Owner, the City may temporarily cut-off water utility service to the Property if the Property Owner shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if the Property Owner shall violate any term of this Agreement. The City shall afford the Property Owner thirty (30) calendar days (or longer as agreed to in writing by the City) to cure any breach or default of this Agreement before permanently cutting-off water utility service to the Property.
b. The Property Owner shall be liable for any damage to the City resulting from the Property Owner’s breach or default of this Agreement, including, but not limited to, any damages incurred by the City or the City water utility system. In such case, the City shall notify the Property Owner of the amount of its liability, which the Property Owner shall pay within thirty (30) calendar days of such notice.
c. Upon the permanent cut-off of water utility service to the Property for breach or default of this Agreement, the City shall reimburse the Property Owner for any fees or charges paid in advance pursuant to Paragraph 3, prorated as of the date of permanent cut-off, less the amount of damages caused by the breach or default, all as determined by the City in its sole discretion. If the damages exceed any prorated reimbursement, the City shall not be obligated to make any further prorated reimbursements hereunder.
8. Waiver.
a. No delay or omission of the City to exercise any right, power or remedy accruing upon the happening of an event that would allow the City to terminate this Agreement shall impair any such right, power or remedy or shall constitute a waiver upon the occurrence of another such event or any acquiescence therein. No delay or omission on the part of the City to exercise any option granted to the City under this Agreement, in any one or more instances shall constitute a waiver of the City’s rights hereunder and each such option shall remain continuously in full force and effect.
b. The Property Owner hereby understands and agrees that this Agreement shall not waive any rights, powers or remedies that the City may have pursuant to the City Code and, specifically, Chapter 16.04 and Section 16.08.050 of the City Code, all as may be amended.
9. Annexation.
At any time that the corporate boundaries of the City are amended such that the Property becomes part of the City and/or the Property Owner successfully petitions the City to annex the Property into the City’s corporate boundaries pursuant to the Maryland Annotated Code, water utility service shall be supplied to the Property under such terms and conditions as are customarily imposed for customers located in the City.
10. No Partnership.
Nothing contained in this Agreement shall be construed in a manner to create any relationship between the parties other than expressly specified herein, and the parties shall not be considered partners or co-venturers for any purpose on account of this Agreement.
11. Severability.
In the event any one or more of the provisions of this Agreement shall for any reason be held by a court or other lawful authority to be invalid, illegal or unenforceable, in whole or in part or in any other respect, the remaining provisions hereof shall not be affected thereby, and the Agreement shall remain operative and in full force and effect and shall in no way be affected, prejudiced or disturbed thereby.
12. Governing Law.
This Agreement and its interpretation shall be governed by Maryland law. The venue for all actions pursuant to this Agreement shall be the Courts of Anne Arundel County, Maryland. The parties waive trial by jury in all actions brought pursuant to this Agreement.
13. Captions and Headings.
The captions and headings contained in this Agreement are included herein for convenience of reference only and shall not be considered a part hereof and are not in any way intended to limit or enlarge the terms hereof.
14. Integration; Modification.
a. This Agreement is the final and entire agreement of the parties concerning all matters having to do with the Permit and the Water Connection System. The parties acknowledge that there are no other understandings or representations, oral or written, regarding the subject or matters having to do with the Permit and/or the Water Connection System.
b. None of the terms or provisions of this Agreement may be changed, waived, or modified exempt by written instrument executed by both parties hereto.
15. Counterparts.
This Agreement may be executed in any number of counterparts and by the parties hereto in separate counterparts, each of which when so executed and delivered shall be deemed to be an original and all of which taken together shall constitute but one and the same instrument.
16. Notice.
Any notice required to be delivered shall be deemed to have been received when the notice has been sent by certified mail, return receipt, overnight carrier, or hand delivered with signed receipt to the following address and individual or such other address and/or such other individual as a party may identify in writing to the other party:
To the City: Department of Public Works
145 Gorman Street, 2nd Floor
Annapolis, Maryland 21401
Attn: Director
With a Copy to: City Attorney
160 Duke of Gloucester Street
Annapolis, Maryland 21401
To the Property Owner: Samaritan Houses, Inc.
2610 Greenbriar Lane
Annapolis, Maryland 21401
Attn: Kirk Noonan, Board President
(410) 271-6789
17. Authorization.
This Agreement is authorized by the City Council pursuant to Resolution No. R-20-16.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed under Seal as of the day and year written below.
SAMARITAN HOUSES, INC.
____________________________ By: __________________________
Witness Kirk Noonan
Board President
ATTEST: CITY OF ANNAPOLIS
_____________________________ By: _______________________________
Regina C. Watkins-Eldridge, MMC, Michael J. Pantelides, Mayor (Seal)
City Clerk
APPROVED FOR FINANCIAL SUFFICIENCY: REVIEWED AND APPROVED BY:
___________________________________ ___________________________________
Bruce T. Miller, Director Thomas C. Andrews, City Manager
Finance Department
REVIEWED AND APPROVED BY:
___________________________________
David Jarrell, Director
Department of Public Works
APPROVED FOR FORM AND LEGAL SUFFICIENCY:
________________________________________
OFFICE OF THE CITY ATTORNEY