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Home My WebLink About2008-259 Contract - Ashland School District SPECIAL CONTRACT TO EXPAND EXISTING SEWER SERVICES This Agreement is made this LL day of re: , 2008, between the City of Ashland, Oregon ("City), and Jackson County School District No. 5, aka Ashland School District ("District"). Recitals: A. District owns real property located outside the City's Urban Growth Boundary ("UGB") described on attached Exhibit "A" (the"Property"). B. In approximately 1963, a City main sewer line was installed across the Property, and the Property has been connected to City sewer services ever since. C. The Property is currently occupied by the Willow Wind educational facility, which is part of the Ashland School District. Prior to its purchase by the District, it was occupied by a private school facility which also used City sewer services. D. District desires to extend the existing sewer line on the Property to serve new fixtures it wants to include in a Barn Restoration Project on the Property. The Barn Restoration Project is currently approved by Jackson County, with conditions found in file number SIT 2005- 00017. One of the County conditions of approval is that the City formally approve extension of the existing sewer line to serve the Barn Restoration Project. E. AMC Chapter 14, Section 14.08.031, Paragraph B (Ord 2704, 1993) allows the City Council to provide sewer service outside the UGB by special contract, under such terms and conditions as the Council deems appropriate when such connection is in the best interest of the City. At a City Council meeting on December 18, 2007, the City Council made the following Findings with respect to the District's request for an extension of the existing sewer line to serve the Barn Restoration Project: E.1.) A City main sewer line was installed across the subject Property sometime in the early 1960's. The exact date is unknown, but the City's Public Works Department believes it was in approximately 1963. The Property has been connected to the City's sewer system since that time. No new sewer will be added or extended to serve the Property as a result of this Agreement. E.2.) The exact date of construction of the Barn to be served by the extension is not known, but the Barn and all other buildings on the Property were completed and existing well before July 1, 1973. E.3.) As determined by Jackson County in its approval of the Barn Restoration Project, there are no existing sewage systems on the Property except for the City's sewer line, service lateral and the extension of this lateral by the Page I of 4— Special Contract to Expand Existing Sewer Services District does not conflict with the Jackson County Comprehensive Plan, support documents, rules or regulations. E.A.) The Barn Restoration Project will become part of the Ashland School District's Willow Wind educational facility. It will be used for educational purposes in conjunction with'the Willow Wind program, and will also be available to the community for use when the Willow Wind program is not in operation. E.5.) The proposed extension of an existing sewer service line will not create a significant increase on the City's sewer services, and will not be detrimental to the City's sewage facilities. E.6.) The District has agreed by contract not to expand the use of the proposed extension to additional development without written permission from the City, thereby ensuring that the City's sewer facilities will not be impacted by additional development or a change in use without the City's knowledge and permission. E.7.) Based upon the above Findings and the provisions of the Special Contract, the City finds that an extension of an existing City sewer service line as proposed will be in the best interest of the City. NOW, THEREFORE, it is agreed as follows: 1. SDC Charges. District agrees to pay the sanitary sewer Systems Development Charges (°SDC Charges") established by the City Council. 2. Use and Benefit. The extension of the sewer line shall be solely for the use and benefit of the Barn Restoration Project. Should use of the Property change in the future, the owner must reapply to the City to approve the continued use of the extended sewer service line for a different use. 3. Future Expansion. This Agreement shall not prevent District from expanding its facilities on the subject Property for purposes of public or private school uses, in conformance with Jackson County land development and zoning requirements. However, any further extension of the City sewer line, or additional sewer connections, must be approved in writing by the City at the time the owner makes an application to Jackson County for a project which involves additional sewer connections or extensions. A. 1 Further Development. City acknowledges that the Property may be further developed, subdivided, or partitioned as allowed under Jackson County land use and zoning regulations, provided that in no event shall a higher density of residential development take place than would be authorized without the presence of the City sewer system's connection, and provided further that the City sewer line on the Property shall not be extended to serve additional properties or development without the written consent of the City. Page 2 of 4 — Special Contract to Expand Existing Sewer Services 5. Payment for Service. The City shall bill District for providing sewer services in accordance with the City's standard requirements, and District shall pay all such billings timely. If a bill is not paid by the next billing date, a notice complying with the then-current regulations for utility services shall be given stating that service will be disconnected if the bill is not paid by the date specified. 6. Terms of Service. a.) District shall comply with all ordinances of City related to sewer service and use. City shall have the right to terminate service for failure to comply with such ordinances upon ten (10) days notice to District. b.) Failure to pay charges when due shall automatically become a lien upon the Property. C.) A memorandum of this Agreement shall be recorded in the County Deed Records, with the cost of recording to be paid by District. d.) In the event District buildings legally connected to the City sewer system are subsequently replaced for any reason, the replacement buildings may continue to be connected to the sewer system of City without further agreement, as long as the use of the sewer system will not be increased as determined by the Director of Public Works.. 7. Default. Time is of the essence of this Agreement. There shall be a default under this Agreement if either party fails to perform any act or obligation required of that party by this Agreement. a.) Before declaring a breach of this Agreement, the party claiming a failure has occurred shall give written notice to the other party specifying the nature of the breach with reasonable particularity. No default shall occur if the breach is remedied within ten (10) days after the notice is given. b.) If the breach specified in the notice is of such a nature that a remedy cannot be completely performed within the ten (10)-day period, no default shall occur if the party receiving the notice begins performance of the act or obligation within the ten (10)-day period and thereafter proceeds with reasonable diligence and in good faith to effect the remedy as soon as practicable. C.) If substantially the same breach for which notice was given recurs within six (6) months, the party injured by such breach may declare a default by giving written notice to the other party specifying the nature of the breach. 8. Remedies. In addition to the remedies specified elsewhere in this Agreement, if a default occurs, the party damaged by the default may elect to terminate this Agreement and pursue any equitable or legal rights and remedies available under Oregon law. Page 3 of 4 - Special Contract to Expand Existing Sewer Services JACKSON COUNTY SCHOOL DISTRICT NO. 5, AKA ASHLAND SCHOOL DISTRICT , A ,� By: 1t t Di Chiro Its: —Superintendent Dated: a— d''V 4 CITY OF ASH ND, OREGON B Martha ennett Its: City Admi ' or�/�� Dated: Page 4 of 4— Special Contract to Expand Existing Sewer Services