20150824UWI to Staff 88,89,92,100-102,109.pdf

[phone]
(208) 3366912 (Far.)
420 West Bannock Steet
P.O.Box256/.-83701 ;;'-i : "
Boise,Idaho 83702
August 24,2015
McDevitt & Miller LLP
Lauyers i=i? fi, iT
. I ' ': Chas. F. McDevitt
DeanJ. floe) Millet
Celeste IL Millet
Via Ilaad Delivety
JeanJewell, Secreary
Idaho Public Utilities Commission
472W. tUTashington St.
Boisg,Idaho 83720
Re: UW[-W-15-01
Deat Ms. Jewell:
Enclosed for filin& please find an odginal and thtee (3) copies of United lVatet Idaho, Inc.'s Third
Response to the Commission Staffs Fouth Production Request Nos. 88, 89,92,100, 101, 702 and
109.
The Response to No. 92 is voluminous and is being ptovided on a disc.
Kindly retum a file stamped copy to me.
Very Ttuly Yours,
McDevitt & Miller LLP
\-\Ul/=.
DeanJ. Millet
DJU/m
Cq United !7ater Idaho, Inc.
OR IGINAL
Dean J. Miller (lSB No. 1968)
McDEVITT & MILLER LLP
420 West Bannock Street
P.O. Box 2564,-83701
Boise, lD 83702
Tel: [phone]
Fax [phone]
ioe@mcdevitt-m iller. com
Attomey for Unrted Water ldaho, lnc.
IN THE MATTER OF THE APPLICATION
OF UNITED WATER IDAHO !NC. FOR
AUTHORITY TO INCREASE ITS RATES
AND CHARGES FOR WATER SERVICE
IN THE STATE OF IDAHO
BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
Gase No. UW-W-15{1
UNITED WATER IDAHO INC.'S
THIRD RESPONSE TO FOURTH
PRODUCTION REQUEST OF THE
COMTIIISSION STAFF
United Water ldaho lnc., ("United Wated') by and through its undersigned
attorneys, hereby submits its Third Response to the Commission Staffs Fourth
Production Request Nos.88,89,92, 100, 101,102 and 109.
DATED this :*Lday of August, 2015.
UNITED WATER IDAHO INC.
UNITED WATER IDAHO ING.'S THIRD RESPONSE TO FOURTH PRODUCTION REQUEST OF THEcomillsstoN STAFF - l
J. Miller (!SB No. 1968)
Attomey for United Water ldaho, lnc.
CERTIFICATE OF SERVICE
I hereby certify that on ,n" ASOay of August, 2015,1 caused to be served, via
the method(s) indicated below, true and correct copies of the foregoing document,
upon:
Jean Jewell, Secretary Hand Delivered
ldaho Public Utilities Commission U.S. Mail
472 West Washington Street Fax
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P.O. Box 83720
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Donald L. Howell, ll
Daphne Huang
Deputy Attorney General
ldaho Public Utilities Commission
P.O. Box 83720
Boise, ldaho 83720-0074
don. howell@puc. idaho.qov
daphne. huanq@puc. idaho.oov
Brad M. Purdy
Attorney at Law
2019 N. 17th Street
Boise, lD 83702
[e-mail]
Fed. Express
Email
Hand Delivered
U.S. Mail
Fax
Fed. Express
Email
Hand Delivered
U.S. Mail
Fax
Fed. Express
Email
UNITED WATER IDAHO INC.'S THIRD RESPONSE TO FOURTH PRODUCTION REQUEST OF THE
COMMISSION STAFF.2
UNITED WATER IDAHO INU.
CASE UWI.W.15.O1
FOURTH PRODUCTION REQUEST OF THE COMMISSION STAFF
Preparer/Sponsoring Witness: Kevin Doherty/Roger Greaves
REQUEST NO.88: Please revise Exhibits 3, 9, 10, and 11 to reflect amounts through
September 30,2015 instead of November 2015. Please provide the following:
a. the information in native format with formulas intact,
b. the underlying support for these Exhibits and Schedules,
c. identify and quantify expenses and revenues that will change with revisions to
these Exhibits, and update forecasts monthly to actuals as available.
CLARIFIED REQUEST NO. 88: The Company will update Exhibit 11 to
substitute actual values, rather than projected, through July 2015, with projected
values remaining through November,2015. This update will also recalculate the
O&M impact or rate base related expense, such as depreciation. Exhibit 3 (Cap
Ex) will be updated in same way. This request is continuing and will be updated
with actuals through August 31,2015 once the monthly books have closed. For
September an update will be provided with 1) rate base actuals through
September 30,2015; 2) recalculate associated expenses and 3) September
actuals substituted for October and November projected numbers. All Exhibits
and adjusting entries will be provided in native format with formulas intact with
the related underlying supporting documentation.
RESPONSE NO. 88: Please refer to the response to Production Request No. 69 for
Exhibit 11 with actual values substituted rather than projected through July 2015 and
the response to Production Request No. 70 for Exhibit 3 with updated actual values.
The Company will provide the additional data requested in Clarified Request No. 88
when it becomes available.
UNITED WATER IDAHO INC.
CASE UW!-W-15-01
FOURTH PRODUCTION REQUEST OF THE COMMISSION STAFF
Preparer/Sponsoring Witness: Jarmila CarylPaul Herbert
REQUEST NO. 89: Please prepare revenue and expense adjustments to reflect the
September 30,2015 rate base. Such adjustments would include but not necessarily be
limited to postage (due to fewer meters in plant in service), chemicals, power and
revenues (due to fewer meters in plant in service). Please include the underlying
supporting documentation and workpapers to these adjustments.
CLARIFIED REQUEST NO. 89: Exhibit 10, Schedule 1, Adjustment No. 26, pg.
26 will be updated for actual customers through Ju|y,2015. All adjusting entries will be
provided in native format with formulas intact.
RESPONSE NO. 89: Please refer to the attached files.
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Uniled Water ldaho
Case UW-W-15-01
Rate Block
ccF
(1)
Customer Charge
314
Subtotal
Winter Usage
Summer Usage
Up to 3 CCF
Subtotal
Total Class
Gustomer Charge
1
Subtotal
Winter Usage
Summer Usage
Up to 3 CCF
Over 3 CCF
Subtotal
Total Class
Fire Line Size
4"
Total Private Fire
Total
Request No. 89 Attacfiment
Page 3 of 5
UNITED WATER IDAHO INC.
H2. APPLICATION OF PRESENT RATES AND PROPOSED RATES TO NUMBER OF CUSTOMERS ADOED IN FUTUHE YEAR
YEAR ENDED NOVEMBER 30, 2015
Number Total Present
Of Bills Consumption Rate Revenue(2) (3) (4) (5)
Residential - Bi-Monthlv
2,754 0 20.8047U 0
$ 57,283
57,283
34,368
4,720
79,874
118,962
$ 176,245
27,292
27,292
71,024
1,745
140,1M
212,933
$ 240,225
Proposed
Rate--16-)-
$ 23.55
1.6576
1.6576
2.0720
1.6576
1.6576
2.0720
Proposed
Bevenue
$ 64,857
64,857
38,894
5,341
90,388
134,623
$ 199,479
(7)
0 23,44
o 3,220 43.6230 70,310
2,754
1.$47
't.M7
1.83'10
70,310
Commercial - Bi-Monthlv
1,026
1,026
0
0
0
0
't,026
0
o
48,491
1,191
76,551
126,232
126,232
Private Fire Unes - Bi-Monthly
0 $ 55.60 6,338 $ 62.92
196,542
$ 6,338
$ 42,808
$ 30.10 30,883
30,883
80,378
,t,974
't58,6t3
240,965
$ 271,848
7,173
$ 7,173
478,500
26.60
1.4647
1.4647
1.8310
114
114
3,894
United Water ldaho
Case UW-W-15-01
Resid€nthl
Commeroial
Private Firs
Resi(mial
Cdrmercial
Private Fire
Request No. 89 Attachment
Page 4 of 5
UNITEO WATER IDATIO INC.
SUIITIARY OF BILUNG DETEBTIIMNTS FOR REVENUE AIIT'STilENTS
AIUUSTMENT Rl ANNUALIZATION OF TEST YEAF GFOWTH
1t2 d Number U6ageOl Average Usage Ad,ustment1213112013 1A$nU4 Gatu Loss Growfi Bi-MonthlyBilh Perblll-CoF CCF
76,e$ n,879
8,445 8,586
1,702 1,800
1,ru il7
r41 70.5
98 49
3,702 25.53 94,512
423 '123.03 52,04i1
44
AIUUSTIIENT R2 WEIOHIED CUSTOIIER GNOWIH THROT'GH 11A5/2015 UPOATED FOR ACTUAL CUSTOIIER COUTT THRU 7/31/AT5
Number of Custom*Usage
Ntrnbs o, BF Average l.lsage Ad6trnentWeighted Prqect€d
12t31t2011 Cr6L 1 1 /3U20 t 5 GairvLoss ironfily E[s Psr Bi[ - CCF CCF
n,879
8,586
't,800
78,338
9,757
1.819
,+59
171
19
2,7s 25.53 70,310
1,028
114
123.00 126,82
ATUUSTilENT R3 WEATHER AIID OTHER USAGE ATUUSTIIEI{T
Pro Forma Tolal Tsst Pro Forma
TeSt Year Annual Usage Pro Forma Year Usago UsageCustomers Percustomel Usaoe- CCF CCF Adillstment- CCF
Residenthl n,879
Commercial 8,586
ATNT'STTIENT R4 LEAK ATUUSTIEiIT
't 53.20 1 l ,93 1 ,063 12,521 ,573 (590,510)
73E,n 6,$8,185 6,582,686 (244,501)
Pro Forma Total Test Pro FomaTestYear Annual Usage Pro Forma Year Ugaoe UsageCustomers Percustdner Usaqe-CCF CCF Adlustsnent-CoF
B6idontial (56,710) 0 (56,710)
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UNITED WATER IDAHO INC.
CASE UW!-W-15-01
FOURTH PRODUCTION REQUEST OF THE COMMISSION STAFF
Preparer/Sponsoring Witness: Marshall Thompson
REQUEST NO. 92: Please provide an update on the Marion Smith property to include
the total square footage, square footage occupied by the diesel generator and any other
use of the property and accompanying square footage. Please include within your
response the total cost of the property.
RESPONSE NO. 92: There has been no change to the status of the Marion Smith
property since it was last reported to the Commission as part of the Company's 2011
Rate Case.
See attached production request responses from the 2011 filing:
. 2011-20 Agreement for Purchase and Sale_Marion Smith.pdf
. 2011-20 Quitclaim Warranty Deed_Marion Smith.pdf
When converted from acreage, total property square footage is 1,566,635 square feet.
Square footage occupied by the diesel generator is approximately 900 square feet. The
property also serves as a staging area for a river boring project to the Brian Water
Subdivision. The area of usage for that purpose is approximately 10,000 square feet,
some portion of which will remain in use following pipeline installation.
At the time of purchase, the total cost of the property was $650,000.
United Water ldaho
Case UWI-W-15-01
Request No.92 Attachment 1
Page 1
GOPV
RECEIVED
AGREEMENT FOR PURCTTASE AND SALE JUL 0 g 2009
UNITED WATER
THIS AGREEMENT FOR PURCHASE AND SALE is made by and among
MARION CALL SMITII and BETTY SMITII, Husband and Wife (hereinafter
referred to as "Smith" or as "Sellers"), and UMTED WATER IDAHO INC., an Idaho
corporation (hereinafter refened to as "United '!Vatef' or as "Buyer").
RECITALq
A. WHBREAS, United lVater Idaho Inc., is a corporation organized and existing
under the laws of the State of Idaho and having its principal place of business at 8248
West Victory Road, Boisg Idaho, 8371 1; and,
B. WHEREAS, Marion and Betty Smith, Husband and Wife are the owners of a
certain parcel of real property ('?roperty') located in Ada County, Idatro; and
C, WHERBAS Seller desires to sell and Buyer desires to buy the Property on the
terms and conditions set forth in this Agreement.
AGREEMENT
NOW, THERBFORE, in consideration of the foregoing recitals and of the terms,
conditions and mutual covenants herein set forth, the parties hereto mufually covenant
and agree as follows:
1. AGREEMENT F'ORSALE AND PURCHASE
Seller agrees to sell, assrgn, transfer and convey, by wan'anty deed, bill of salq
assignments, and other inshuments of transfer satisfactory to the parties, and Buyer
agrces to purchasq all for a purchase price and subject to and upon each of the tenns and
conditions hereinafter set forth, the follorving:
A Real Property: The Property consists of that certain real property
described in Exhibit A attached hereto and made a part hereof, including
all rigltts and appurtenances pertaining thereto, inoluding any right, title
and interest in and to the right to receive water from the New York
hnigation District, and any easement serving the Property, and any
development rigfrts, entitlement, govemmental approvals or other
intdngible dghts associated with the Property. The Property includes all of
tho property owned by Smith that lies to the north of and adjoins the New
York Canal east of BarberPark, Ada County, Idaho. The Property consists
of two parcels which are refened to herein as the "West Parcel" and the
"Bast Parcel". Smith's residence is located on the West Parcel. A mobile
home is located on the East Parcel. The East Parcel is located next to
propoty in which United Water has an easement interest. The East Parcel
SMITII/T]NITED \YATER AGREEMENT FOR PI]RCIIASE AND SALE
-1 /yt( 5
$'fr s
United Water ldaho
Case UW-W-15-01
Request No. 92 Attachment 1
Page2
is that portion of the Property that is located in the South % of section 33
and in section 4.
Transfer ofthe East Parcel shall be by standard warranty deed subject to
the exceptions contained in schedule B of the Commitment for Title
Insurance ('"litle Report') issued by Stewart Guaranty Company dated
May 26,2009 (order No. 8060879), Smith shall be allowed One Hundred
Fifty (150) days after the Closing Date to remove from the East Parcel all
personal property accurnulated thereon, to the teasonable satisfaction of
United Water, at which time possession of the Bast Parcel shall pass to
United Water.
Transfer of the Wast Parcel shall be by standard wananty deed, subject to
a life estate reserved by Smith and subject to the exceptions contained in
Schedule B of the Title Report. The reserved life estate shall include the
right to live on the West Parcel, without the payment of rent, so long as
eithor Marion or Betty Smith is alivg provided that the permitted uses of
the West Parcel shall be limited to residential occupancy and small
farming operations. Smith shall be entitled to rent the West Parcel to other
persons during their life estate subject of the following conditions:
(a) There must be a written rental agreement siped by
the tenant;
(b) The rental agreement must provide for a month to
month tenancy and mustbe in substantially the form
attached hereto as Exhibit B.
(c) Upon Termination of Sellers' rqserved life estate the
estate of the last Seller to die shall noti$ United
Water and shall remove any tenant then occupying
the WestParcel.
(d) Notwithstanding any other provision contained in
this Agreehent, United Water shall have the right to
remove any occupant of the West Parcel at any time
after termination of Seller's life estate."
Smiths' control over the West Parcel during their lives shall be further
subject to United Water's riglrt to use the existing road thnouglr the West
Parcel. Upon the death of both Marion and Betty Smith, the estate of the
last to die shall have One Hundred Fifty (150) days to remove any
personal property or structures from the West Parcel.
Smith shall be responsible for the payment of property taxes with respect
to the West Parcel during the tenn of the reserved life estate.
sMrrH/UNrrED WATER AGREEMENT trOR PURCEASE AND SALE tvC, s
Et,s -
United Water ldaho
Case UW-W-15-01
Request No. 92 Attachment 1
Page 3
B. Personal Property: The Property also includes all Personal Property
remaining on the real prcperty and not removed in accordance with the
foregoing provisions.
2. PURCHASEPRICEAIIDPAYMENTTERIVIS:
Theputchaseprice shall be SIX HT NDRED FIFTY THOUSAND DOLLARS
($650,000) ("Purchase Price') payable as follows:
a) The sum of$5,000 shall be paid on the execution hereofas a non
refundable earnest money deposit.
b) The remaining balance of the Purchase Price, the sum of $645,000 shall be
paid in cash at closing.
3. INDEMNIFICATION:
Seller shall indemnify Buyer for any cost or liability resulting from Sellers' use or
occupancy ofthe East Parcel prior to relinquishment ofpossession pursuant to paragraph
I a) . Seller shall indemnify Buyer for any cogt or liability re.sulting ftom Sellers' use or
occupancy of the West Parcel prior to the termination of their life estate, Buyer shall
indemni$ Seller for any cost or liability resulting from its use or occupanoy of The
Property after Closing.
4. TITLEMATTERS
The parties have obtained the Title Report which sets forth sellers' title to the
Propfity. Sellers will obtain a standard title insurance policy, updated as of the date of
closing which will insure Sellers' title as provided in the Title Report, Sellers agree that
all general property taxes and irrigation water assessments which accrued prior to the
Closing Date, referred to in items I 0 tluough I 5 and 1 8 of schedtrle B, Part II of the Title
Report, shall bepaid at closing and deducted from the Purchase Price.
s. REPRESENIEiIOTqS,WARRAN'TTESAITDCOVENAI{TSOTSELLER
Seller hereby represents, covenants and warrants to Buyer that as of the date of
execution hereof and as of the Closing Date:
4 To the best of Sellers' knowledge and belief, after reasonable
investigation, they have good and indefeasible fee simple title to the
Property, free and clear ofall liens, conditions, restrictions, rights-of-way,
easements, judgments, exceptions, reservations and other matters affecting
titlg except those set forth in the Title Report. Seller makes no
representations or wanantias legarding access to the Property, its size, the
/w( s
SMITE/T'NITED WATER AGREEMDNT FOR PURCEASE AND SALE
-3 Ffrs
United Water ldaho
Case UW-W-15-01
Request No. 92 Attachment 1
Page 4
b)
adequacy of the Property for Buyer's intended use, the [ocation of its
boundaries or any other matter unless expresslyprovided herein.
To the best of Sellers' knowledge and belie{, after reasonable
investigation, there is no condemnation or judicial proceedings or
administrative actions which are pending or th,reatened against Seller with
respect to the Property or any part thereofl, In the event Seller receives
notice of any such proceeding action or demand, Seller shall promptly
deliver a copy ofsuch notice to Buyer.
To the best of Sellers' knowledge and belief after reasonable
investigation, there are no actions or proceedings which are pending or
tlueatened against Seller before any court or administrative age,ncy which
would re,sult in any material adverse change in the title of the Property and
no assignment for the benefit of creditors, or voluntary or involuutary
proceedings in banknrptcy pending, contemplated or threatened against
Seller or tire Property.
To the best of Sellers' knowledge and belief, after reasonable
investigation, there are no liens or claims against the Seller or applicable
to the Property for federal or state taxes.
To the be.st of Sellbrs' knowledge and belief afler reasonable investigation
Seller is not of any ground water, surface rvater or soil
contamination on the Property or elsewhere caused by any substance
which was released on, or rvhich migrated from the Property which would
or could necessitate remedial ot protective action or that does or could
cause actionable harm to pemons, property or the environment arisiqg
from An act or omission during Seller's possession of the Property; and
there are no enforcement actions or any investigations pending by any
federal, state ot local governmental agency or any pending claims or
complaints by any private third parties regarding spills, leaks or losses of
hazardous wastes, hazardous substances, or hazardous materials on the
Property.
To the best of Sellers' knowledge and belief after reasonable
investigation, their use of the Property complies with all present zoning
requirements (or is allowable as a non-conforming use), and is not in
violation of applicable subdivision and building code requirements.
c)
d)
e)
aware
rn the
/vc -rfrrfs
iMrrs/uNrrro warER AcREEMENT FoR prIRcHAsE aND sALE
-4
United Water ldaho
Case UW-W-'15-01
Request No. 92 Attachment 1
Page 5
7.
REPRESENTATIONS, WARRANTTES AND COVENANTS OF BUyER:
Buyer hereby represents, covenants and warrants to Seller that as of the
date hereof and as of the Closing Date:
a) That Buyer is an ldaho corporation which has been duly organized and is
validly existing and in good standing as a corporation under the laws of'the State of Idaho, and has firll power and authority to: (i) acquire title to
the Property; (ii) enter into this Ageement; and (iii) cany out and
consummate the hansactions contemptated by this Agreement.
b) That the execution and delivery of this Agreement by the sigratories
hereto on behalf of Buyer and the performance of this Agreement by
Buyer have been duly authorized by Buyer. Neither the execution of this
Agreement nor the consumrnation of the transactions contemplated hereby
will: (i) result in a breach of or a default under any agreement, document
or inshument to which Buyer is a party or by which Buyer is bound; or (ii)
violate any existing statutg reskiction, order, writ, injunction or decree of
any court, administrative agency or governmental body to which Buyer is
subject.
o) That there is no action, suit, proceeding, inquiry or investigation before
any court, governmental agency or insffumentality pending or, to the
knowledge of Buyer, threatened, against Buyer wherein an unfavorable
decision, ruling or finding would adversely affect the transactions
contemplated by this Agreement.
CONDITIONS PERMITTING RES CISSION
a) Buyer may terminate and rescind this Agreement prior to the Closing Dale
if any ofthe conditions refened to in Paragraph 6 above does exist rvhich
materially and adversely affects the transaction contemplated by this
Agreement, or if the Buyer is unable to confirm to its satisfaction that
there will be legally enforceable access to the Property at the time of
closing.
b) Sellers may terminate and rescind this Agreement prior to the Closing
Date ifany ofthe conditions referred to in Paragraph 7 above does exist
which materially and adversely affects the tlansastion contemplated by
this Agreement.Nospfrs
SMITH/UNITED WATER AGREEMENT FORPI]RCIIASE AND SALE
-5
United Water ldaho
Case UWFW-'!5-01
Request No. 92 Attachment 1
Page 6
8. CLOSINGRELATEDMATTERS;POST-CLOSING
a) Closlng Date/Tlme of the Essence. The closing shall take place on or
before July 24, 2009 ('Closing Date') at Pioneer Title Company, 8151 W.
Rifleman Street, Boise Idaho, provided however, that the closing may be
extended by written mutual agreement of the Parties.
b) Possesslon. Possession ofthe Property shall be delivered to Buyer on the
Closing Date subject to Sellers' reserved life estate and right to remove
personal property from the East Parcel.
9. CLOSINGDOCUMENTS
a) Sellerrs Deposlts. On the Closing Datq Seller shall tleliver the foilowing
documents to the Escrowee.
l) A Wananty Deed and Quitclaim Deed executed by Sellers transfening the
East and West Parcels, in the form attached hereto as Exhibit C.
2) Assignment of any easements serving the Property.
3) Such other documents as the Buyer or its attomeys may reasonably require
in order to effectuate or further evidence the intent of any provision in this
Agreement.
4) Title Insurance Owner's Policy for the Properly inzuring Sellers' title as
described in the Title Report, and updated as of the closing date.
All of the documents and instruments to be delivered by the Seller hereunder shall
be in form and substance reasonably satisfactory to counsel for Buyer.
b) Buverrs I)enog[. On the Closing Date, Buyer shall deliver the following:
SMITII/T'NITDD WATER AGREEMENT trOR PTJRCIIASE AND SALE
-6
1) Cash, offrcial bank check or wire transfer of funds in an amount sufficient i
to meet Buyer's obligations hereunder.
All of the documents and instruments to be delivered by Buyer hereunder shall be
in form and substance reasonably satisfactory to counsel for Seller.
10. PRORATIONSANDADJUSTME,NTS
The following items shall be prorated and adjusted as of the Closing Date:
ilesgf,s
United Water ldaho
Case UW-W-15-01
(a)
(b)
Request No. 92 Attachment 1
PageT
General real estate taxes, and all other levies and charges against the
Property the year in which the Closing Date shall occur, which are accrued
but not yet due and payable. Buyer shall not be liable for any state, county,
federal income, excise or sale,s tax liabilities of Seller.
Such other items as are customarily prorated in transactions of the type
contemplated in this Agreement.
All such prorations shall be based on the most recent ascertainable bills, and be
mado on the basis of the actual number of days of the year and month which shall have
elapsed as ofthe Closing, and to the extent reasonably practicable such prorations shall
bemade at the Closing
11.DEFAULT AND REMEDIES
Default by Buyer. Subject to Buyer's right of termination and
rescission granted herein, if Buyer should fail to consummate the
transaction contemplated herein for any reason, except default by Seller,
Seller may elect any one or more of the following remedies: (i) to enforce
specific performance of this Agreement; (ii) to bring suit for damages for
breach of this Agreement; (iii) to terminate this Agreement, whereupon
Buyer will reimburse Seller for Seller's out-of-pocket expenses incuned
with respect to this transaction, including reasonable attorney feas; or (iv)
pursue any and all remedies at law or equity.
Default by Seller. Subject to Sellers' right of termination aud
rescission granted herein, if Seller should fail to consummate the
transaction contemplated herein for any reaso& excep! default by Buyer,
Buyer may elect any one or more of the following remedies: (i) to enforce
specifio perforrrance of this Agreement; (it) to bring suit for damages for
breach of this Agreement; (iii) to terminate this Agreement, whereupon
Seller will reimburse Buyer for Buyer's out-of-pocket expenses incuned
with respect to this hansaction, including reasonable attorney fees; or (iv)
pursue any and all remedies at law or equity.
12,INDEMNINCATION AND DEFBNSE OF CLAIMS
SMITIUUNITED WATER AGREEMENT TOR PIJRCHASE ATID SALE
-7 fies
b)
8frs
United Water ldaho
Case UW-W-I5-01
Request No. 92 Attachment 1
Page 8
Sellers Indemnity. Seller will indemnify, defend and hold Buyer harmless against
and in respect of:
All liabilities or obligations of, or claims against the Seller which the Buyer has
not assumed or is not otherwise liable pursuant to this Agreement-and any damage or
deficiency resulting from any breach of waranty.
13.BROKERAGE
Each of the parties represents and warrants to the other that it has not incuned and
will not incur any liability for finders or brokerage fees or commissions in connection
with this Agreement.
14. NOTICES
All notices required or desired to be given under this Agreement shall be in
writing and delivered personally or sent by facsimile or by first class United States mail,
postage prepaid, addressed as follows:
Ifto Seller:
If to Buyer:
And:
And:
Marion Smith
Betty Smith
5700 Boise River Lane
Boise, Idatro 83716
General Manager
GregoryP. Wyatt
United Water Idaho Inc.
P.O. Box 190420
BoiseID 8371o-A420
Tel. [phone]
Fax. [phone]
DeanJ. Miller, Esq.
420 W. Bannock
P.O. Box 2564-83101
Boise, Idaho 83702
Tel. [phone]
Fax: [phone]
United WaterManagement & Services Inc.
200 Old Hook Road
Harrington Park, New Jersey 07640
Tel. [phone]
Fax. [phone]
SMITH/TINITED WATDR AGREEMENT TOR PI'RCIIASE AND SALE
-8 /1'r o s
fi fr_;
United Water ldaho
Case UW-W-15-01
Request No. 92 Attachment 1
Page 9
lfes
or to such other address as eilher parly may frorn time to time desiguate by written notice
given to the other parly in the manner provided herein. Any notice given in accordance
with the foregoing shall be deerned to have been give,n (i) on the date upon which it shall
have been delivered or (ii) three (3) days after being deposited in the United States mail,
postage plepaid, whichever is first. If sent by fassimile transmission, such notice shall be
deemed to have been given when received prior to 5:00 p.m. on a business day;
otherwise, at 9:00 a,m. on the next business day.
15. MISCELLANEOUS
This Agreement may not be assigned by any party without the consent of
the other party hereto; ptovided, however, that Buyer may assign all of its
right, title and interest in this Agreement to an affiliate. However, such
assignment shall not affect Buyer's liability for pedormance of this
Agreement unless Seller consents to the assignment and the assigree
assumes this Agreement in its entirety, This Agreement shall be binding
upon and inure to the benefit of the successors and permitted assigns of
the parties hereto.
Wherever under the terms and provisions of this Agreement the time for
performance falls upon a Saturday, Sunday or Legal Holiday, such time
for performanco shall be extended to the next business day.
This Agreement may be executed in counterparts, each of which shall
constitute an original, but all together shall constitute one and the same
agreement,
The terms, provisions, covenants (to the extent applicable) and
indsrnnities shall survive the closing and this Agreement and shall not
be merged therein, but shall remain binding upon and for the parties hereto
until firlly obsewed, kept orperformed.
This Ageement embodies the entire agreement between the partias heteto
with respect to the subject matter hereof.
(0 Buyer and Seller shall each respectfully pay any attorney fees they have
respectively incuned for the preparation, negotiation and review of this
Agreement.
The captions at the beginning ofthe several paragraphs, respectively, are
for the convenience in locating the context, but are not part ofthe text.
In the event any term or provision of this Agreement shall be held illegal,
invalid or unenforceable or inoperative as a matter of larv, the remaining
terms and provisions of this Agreement shall not be affected thereby, but
(a)
(b)
(c)
(d)
(e)
(e)
(h)
SMITIUTJNITED WATER AGREEMENT TOR PURCHASE AND SALE
-9
frn s
United Water ldaho
Case UW-W-15-01
Request No. 92 Attachment 1
Page 10
/VAS
each such term and provision shall be valid and shall remain in full force
and effect.
(r) This Agreement shall be govemed by the laws of the State of Idaho.
0 By virtue of this Agreement, Buyer does not, in any way or for any
purposg become a pafiner of Seller in the conduct of its business, or
otherwise, or become a joint venturer or a member of a joint enterprise
with Seller.
(k) A party's right to terminate and rescind this Agreement shall only be
exercised by giving written notice thereof prior to the Closing date.
IN WITNESS WHEREOF, the undersigned have executed this Agreement as of
the respective dates set forth below, effective as of the date of the last execution.
SMITE/T'NITED WATER AGREEMENT FOR PT'RCHASE AND SALE
-10
Pl4 s
United Water ldaho
Case UW-W-15-01
Request No. 92 Attachment 1
Page 1 1
SELLERS:
STATEOF IDAHO
Countyof Ada
on this 13 day of 2009 before mq the
undersigned notuy public for the State of fidaho, personally appeared Marion
Smith and Betty Smith, known or identified to me to be the persons whose names
are subscribed to the within instrument, and acknowledged to me that they
executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day
and year first above written.
Notary
Residing at:
Commission
//er /] rro r htl / + facf
/r( c -s
)
) ss.
)
SMITH/I]NITED WATER AGREEMENT trOR PURCIIASE AI{D SALE
-11
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United Water ldaho
Case UW-W-15-01
Request No. 92 Attachment 1
Page'12
PURCIIASER:
UNITED WATER IDAHO INC
srATB OF IDAHO )
) ss.
County of Ada )
on this bd day of 2009, before mq the
for the(JStatd of ldaho, pemonally appeared
the Vice President of United
corporation, known or identified to me to be the
person whose name is subscribed to the within instrument, and acknowledged to
me thathe executed the same onbehalf of said corporation.
IN TtrITNESS WHEREOF, I have hereunto set my hand and seal the day
and year first above written.
undersigned
ff*#
Notary
Residing at:
SMITIYT'NITED WATER AGREEMENT FOR PTJRCIIASE AND SALE
-12 Ne
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5
5
United Water ldaho
Case UW-W-15-01
Request No. 92 Attachment 1
Page 13
ExhibttA
LEGAL DESCRIPTION
Order No.: 108060879
Lot 1 ( E y, NE y4 ) lying NB of the right of way of the Main South Side Canal (also known as
New York Canal); SW % NB % lying NE of the right of way of the Main South Side Canal also
known as New York Canal; NB % SE % lying NE of the right of way of *re Main South Side
Canal also known as New York Canal; All in Section 32, Township 3 North, Range 3 East , B.M.
Ada County,Idaho.
EXCEPTING from the foregoing descdbed land that property conveyed by the Boise Payette
Lumber Company to the Idaho Power Company for a Power site and Damsite by Wananty Deed
recorded in Book 227 ofDexds atPage 482.
EXCEPTING any portion lying within McDevitt Subdivision
AI,SO BXCBPTING any portion lying within the property as ses s ed to Idaho Park
Foundatlon, Inc and shown as ParcelNo. 50932110110.
AND
NW % SW % lying NE of the right of way of the Main South Side Canal also known as New
York Canal; SE % SW % lyingNB of the right of way of the Main South Side Canal also known
as New York Canal; Lot 9 lying NB of the right of way of the Main South Side Canal also known
as New York Canal; all in Section 33, township 3 North, Rango 3 East B.M. Ada County, Idaho.
AI.SO EXCEPTING any portion lying within the property a e s e s sed to I daho Park
Eoundatlon, Inc and shovrn as Parce1No.S09332l2465.
AI.ID
That part of Int Seven (7) of Section Four (4), Township Two (2) North of Range Tluee (3),
East, B.M., lying and being Bast of the Bast boundary of the main canal of the Boise project,
sometimes known as the New York Canal, and moreparticularly described as follows, to-wit:
COMMENCING at the South Quarter corner of Section 33, of Twp, 3 North, Range 3 East,
B.M.; thence
S, 87o38' E. 5.63 chains, along theNorthboundary of Lot7, Sec.4 Tp. 2 N., R.3 8., B.M., to the
POINT OF BEGINNING of this description; thence from the POINT OF BEGINNING of this
description
S. 87'38' E. 9.06 chains, along the North boundary of Lot 7, of Sec, 4, TWp. 2 N,, R. 3 8., B.M.
!:111il:T:;:.?ffiJfl T'f Ti1"#H3.fr1:tti#r,',,R3E,ffikw*tI
S. 71o28' W. 3.21 chains to A.P. 3 of Lot 6, Sec. 4, Tlvp. 2 N., R, 3 8.,8.M., thence /
FneNo. E060E7e 044coAlrACommitm$t-schedutoA (6tnn6) $yASPege2of3 0 \
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United Water ldaho
Case UW-W-15-01
Request No. 92 Attachment'l
Page 14
N. 38o58'W, 11.94 chains to thePLACE OF BEGINNING of this description, onNorth
boundary of lnt 7, Section 4 Twp. 2 N., R. 3 E., B,M.
rstewartL-ttle guaranty oomparry
Flle No. 80608?9 044CG AUIA Comftmoat - Sohodute A (dl?O6)
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United Water ldaho
Case UW-W-15-01
B^ rq- t ts.{.b
Request No. 92 Attachment 2
Page 1 ol 12
{QAQQUNWRECoRDERJ.DAVIDNAVARRo Atr{OUNr9.o0 3SosEtoAltooTBt/oo 03f3PM
DEPUW Bonnlo B. ObeDlllhiEboitbEl:'iEdwsisir llllilInllllllllf,lflfrfrlUltllilffillllfllillllllsrEWMTflTl_E-EMERATDo' "-'1'tiati![diiir-'"-"'--
QUITCLNM DDDD
FoRvALUEREcETvED,ffi H.FS*lin*,*b$f$hrrfl ffi,#rit"fi ,f i,iff6,%to,r,
do hereby comey, and forwer quitclaim To Urrited lf,iiater Idaho Ino,, an Idaho corporatlon whose
atldress is P,O. BOX 190420, Boise,Idaho, 83719-A429, Granteo, tlat certainreal properly ('rThe
Property'r), looated tn Ada County, Idaho antl moro particularly described as follows:
"A portion of Section 33, Townshlp 3 North, Rango 3 Bast, Boise Meridian, Ada County,
Idaho, doscribed as follows:
Commencing at the Wsst % comer of Seotion 33, thence North 65,0'; thenco South 69o09'
Bast 593.5'; thence South 65.0r; thenco North 69o09' Wsst 593.5' to the Point of
Boginning."
Grantors furtlrer hereby convoy and forover quitclaim to United Water Idaho Inc,, all right, title
and interest which the Grantor may have or horaafter acquiro in and to lands underlying the New
York Canal.
DateAttttslllaayot J af| -zoog.
QUTTCLAIIVIDEED.l
g0bog71 Btr(urn
United Water ldaho
Case UW-W-15-01
STATE OFIDAIIO
on this EIS. day of
countyof Ael*.-
)
: 8S.
)
the nndorsigned, a Notary
Publio iu aad for said statq known or ldardfied to
mo to bo oni of tho poraoa who'nmro to tho foregoing instammt and
aoknowledgod to mo that hdshe oxeouted tho eama
IN WIIT.IESS WHBREOR I havo hetounio sot my hand and affixod my offioial
yopr ffrst abovowrlttsn
Request No. 92 Attachment 2
Page 2 ot 12
NotaryPublio
a"froh,],n DaA - St.r\N^.\'un$&\il&sr' - g
United Water ldaho
Case UW-W-15-01
Request No. 92 Attachment 2
Page 3 of 12
STATB OFIDAIIO )
: 85.
)county"f Abp*
o undomlgued, a Notary
known qidentified to
to bo tho whose narn6 is &tbacribed to tils within instrmont as attorney-in-fact of
and aoknowledged to mo that he/*s eubscribed the namo of
thoreto as principal, and his/& own name as attorney-in-faot,
IN WUIrIESS WIIERBOF, I havo horounto set my band and af6xed my.offfcial
eoal tho day and yoar firatabovo written.
"Pubric in a*d r8,iiH:fuH'Xi
Resldingat titc>\
My Commission Bxpitss:
O\ifieQsh^.^ bo^t- svts\\T" '.^)NNr\ r,t&,,r - a
United Water ldaho
Case UW-W-15-01
.a
Request No. 92 Attachment 2
Page 4 ol 12
ADACOUNTYRECORDERJ.DAVIDNAVARRo AI,IOUNT27,00 I80lsElDAHo07r3r/@ 00s3PM
REEffiEEn'e8t88fl3F1 tilililtilntlmfiil$iltmm[flfl]fliltmilfliltsrEWARrTrTLE.ElrlERAtDo " "- -iriiiliisiiotT--- - ----
WARRANTYDEED
aka llarLoD CalI $rol.th. aka l{arlon C. Solth
For Valus Receivetl, Marlou Smith and Bbtty Smlth, husband and wlfe, GRANTORS
do heroby grant, batgain, sell aud convoy unto Uulted Water Idaho Inc,, an Idaho cotporation,
Granteo, all of Gtantord right titlo and lntorsst ln and to that certain proporty located in Ada
County, Idaho, ("TheProperly') whichptopettyis ldontifiod asthe lfostPanol andtho E4st
Parcol and partlcularly rlosoribed on Exhibit A, attached hereto and by tbis teference mado a part
horeof subject to Gmntors' life estato in the West Parcel as hereinaftsr provided. Tho West Paroel
is deptoted on Exlribit A.l . The East Parcel is the remaindor of Tho Proporty.
Grantors do here,by oovenant to and with the said Grantss that tltoy own The Property in
fee simple fiee ftom all oncumbrances exoept onoumbrancos, easements and rights of way
established fscorded or appmentupon visual oxaurination of Tho Prcperty and those exceptions
desulbed irr Br*dblt B, attached herpto and 6y this reference mado a part horeof. The Proporty
lnoludes all of Chantorc' right to rtoeive water &om the New Yotk Inigation Dish{ot, all rlghts of
access to The Proporly, all eassmonts assoclated with The Property, all use rights and
entitlemonts and any othor rlghts that are appurtonant to The Property. Grantors' representations
and wamauties are as stated in the parties' Agreomont fot Purchaso and Sale dated July 3,2009,
Glantors huebylesorve a life estate in tho WestParrel as follows:
1. Grantom shall have tho oxolusive rlght to occUpy aud live on the West Parool so long as
elther Grafltor is alivo, inoluding the oxolusivoright to continueltfrng Grantorcr sxisting
sourcos of watar for tho West Parcsl.
2. Tlre Grantors' uso of the West Parcel shall bo limited to rssidenti6l occupanoy and small
farming opomtions,
9or"o81e Bt {t-rn
WARRANTYDEED" 1
fl/t"o .5"
United Water ldaho
Case UW-W-15-01
Request No. 92 Attachment 2
Page 5 ol 12
3.Grantors shall be entitled to ront tho West Patcel to other persons dudng theit life ostate
subject to tho following conditionsi
a. There must bo a written rental agreoment signed by the tonant;
b, The rental agreemont must provide for a month to month tenanoyl
c. Upon Termination of $oller:s' resorvod life estats the estate of the last Seller to die
shall notiff United Watsr and shall Termlnate the rentods Tenancy; and
d. Grartoe shall havs the dglrt to Tennlnate the rontor's Tenancy afld rernove any
occupant of the Wost Palcel at any tlme aftor termlnation of Sellot's life estats.
Chantee shall have tho right to use the aocess road aoross The Weet P,rrcol duling
Grantors life estato.
Upon the death of both Grailtors ths estate of the last to die shall have 1 50 days to romove
any personal property or sffuotwes.
Grantors shalt pay the ptopefty ta,xes on tho West Parcel dudng thoir life estato.
4.
GRAI.{TORS
)
) ss,
)
Datedthis{1.- auyor tl 49 ,. ..zooo,
STATE OFIDAI{O
County ofAda
ru*,r; o/)*t
Harr'rffaru? tr, fuof
on this ,3 t Oay or }u[,,r , .. 2009, bofore mo, tho undemlgnod, a Notary Publio in snd for
said gtate, personally p4poare&l\4arb\ $mith@*ffi, knovm or ldentlfied to mo to be the
,ffi;J:,,",i,:ffi: : :ffi-, -:;
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United Water ldaho
Case UW-W-'15-01
Request No. 92 Attachment 2
Page 6 of 12
/.FXHTBTTA
PROPERTY DESCRIPTION
WEST PARCEL
Lotl (E112 NE1/4) lylng NE of lhe rlght of way of the Maln South Sldo Canal also known
as New York Canal; SW % NE % lylng NE of the rlght of way of the Maln South Slde Canal also
known as NewYork Canal;NE1/4 SE1/4lylng NEof the rlghtof wayof the Maln South Slde Csnal
also known as NBwYork Canal;All ln Seotlon 32, Townshlp 3 North, Range 3 Eest, B.M., Ada
County, ldaho.
NW 1/4 SW 1/4lyhg NE of the rlghtof way of the Maln South Side Ganalalso known as NewYork
Canal;allln Sectlon 33, Townshlp 3 North, Range 3 East B,M, Ada County, ldaho.
EXCEPTING from the foregolng describsd land that properly conveyod by the Bolse Cascade
Corporatlon to the ldaho Park Foundatlon, lnc by a Glft Deed, recorded as lnstrument Number
7901709 and amended by an Affidavlts, recorded as lnstrument Numbers 8019773, 8207501 and
further amended by an Affldavlt, recorded as lnstrument Number 82146A0, records of Ada
County, ldaho.
ALSO EXCEPTING any portlon lylng wlthln McDevitt Subdlvlslon.
EAST PARCEL
SE 1/4 SW 1/4 lylng NE of the rlght of way of the Mali South Slde Canal also known as New York
Canal; Lot I lylng NE of the rlght of way of the Maln South Slde Canal also known as New York
Canal; allln Sectlon 33, Townshlp 3 North, Rango 3 East B.M..Ada Oounty, ldaho,
EXCEPTING from the foregolng descrlbed land that property convoyed by the Bolse Cascade
Corporatlon to the ldaho Park Foundatlon,lnc by a Glft Deed, recorded as lnstrument Number
7901709 and amended by an Affidavlts, recorded as lnstrumsnt Numbsre 8O1WT9,8207601 and
further amended by an Affldavlt, recorded as lnstrument Number 8214666, rooords of Ada
County,ldaho.
TOGETHERWITH;
The property convoyed by Karl Flscherto Marlon Smlth by Wananty Doed, recorded as
lnstrument Number 479A72, Records of Ada County, ldaho whlch ls descrlbed follows:
"That part of Lot Soven (7) of Seotion Four (4), Townshlp Two (2) North, Range Three (3), East,
8.M., lylng and belng eastof the East boundary of the maln canalof the Bolso ProJect, sometlmos
known as the New York Canal, and more partlcularly descrlbsd as follows, to-wit:
Commenclng at the South quarter cornor of Sectlon 33, of Twp. 3 North of Range 3 East, 8.M.,
thence S. 87o38' E, 6.63 chalns, along tho North boundary of Lot 7, Sec, 4 Tp, 2 N., R. 3 E,, 8.M.,
to tho polnt of beglnnlng of thls descriptlon; thence frcm the polnt of beglnnlng of thls descrlpilon
S. 87"38' E. 0.06 chalns, along the north boundary of Lot 7, of Sec. 4, TWp. 2 N,, R, 3 E., B.M. to
the meandor corner of fractlonal sectlons 4 and 33, thenco $. 10' 43' E. 8.03 chalns to A.P. 2 of
Lot 6, Sectlon 4, Twp, 2 N,, R 3. E., B.M.; thenco S. 71'2Bl W, 3.21 chalns to A,P. 3 of Lot 6, Sec.
4, Twp. 2 N.,R. 3 E., 8.M., thence N. 38"68' W, 11.94 ohalns to the place of beglnning of thls
descrlptlon, on norlh boundary of Lot 7, Sectlon 4 Twp. 2 N,, R. 3 E,, 8.M., heretofore
desorlbed,..."/t/, c ^f .
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United Water ldaho
Case UW-W-15-01
EXHIBIT A_ 1
Request No. 92 Attachment 2
Page 7 ol 12
( ,N FE6r )I lnoh = 1000 ft,
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l
GfrAPHIC SCATE
o 1000
f,t3$&'i,,
a
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United Water ldaho
Case UW-W-15-01
Request No. 92 Attachment 2
Page 8 of 12
rstewart| 'tlle guaranty company
COMMITMENT IdOR TITLE INSUNANCE
. SCHEDULEB
Part II
Dlle No.r 8060879
Scheilule B of flre policy or pollcles to be lnsuroil wtll contatn exc€pffons to iho tollowlng mattors unless the
same aro dleposed of to the satlsfactlon of the Company:
l. Taxes or assessrnents which are not showtr as existlng lions by the records of any taxing authoriry that
levies taxes or ssssssments on real property or by lhe Publlc Recorde, hoceedings by a public.agency
which may lesult in taxos or assessmentsr or nolices of such proceedlngc, whsther or not shown by the
reoords of euch agenoy or by Public Records.
2. Any facts, rlghts, lntorests, or claims rvhich aro not shown by the Public Records, but whish could bs
ascertalned by an inspection of tho Land or by making inqulry of persons in possession ther.eof.
3, Basements, liens, or encumbrances, or olaims ttrereof, rvhloh aro not shown by the Publlc Reoords.
4, Any one.roachment, encumbrance, violatlon, vadation, or adverse, circumstance affecting the Title that
would be disclosed by an accurate and oomploto land survey of ths Land and not shown by the Public
Records.
(a) Unpatented minlng claims; (b) rosorvations or exceptlons in patents or ln Acts author:izlng the
issuance thereof; (c) water dghts, clalms, or title to wator, whether or not the matters excepted undor
(a), (b), ot (c) are shown by thePublic Records,
Any lien or right.to a lien for Beilices, labor, or materlal herotofore or hsreafter furnished, lmposed by
law and not shown by the Publio Recordo.
Any sedce, lnstallation, connection, maintenanse or construction charges for Sower, Water,
Eleotrlclty, or Gaftago collec0on or disposal or other Utilltlos unlass shown as an existing Lien by tho
Public Records.
Defects, liens, ercumbrances, adverse claims or othsr mattors, if any created, first appear{ng ln flro
Public Records or attached subsequent to the effeclive dato hereof but prior to the date tho proposed
insured acquires of record for value the Estate or interest or Mortgage thereon covered by this
commitmsnt,
Paragraphs 1-8 will not appear as printed oxceptions on Bxtended coverage Policies, oxcopt as to suoh
partr thereof whlch may be typed as a Special Excoptlon in Schedule B, Section 2.
9. Oeneral taxo.s for the Year 2009, a Lien not yet due and payable.
7.
FlleNo,r 80608?9
0044CO ALTA eommltmert(dl7&6)- Scheilulo B Il
Pago I of5
Ex\rb,f S"To 4ARRANIY DrEo
L\ b u.)n'\-d \AdFdr\ - "6S^^,i$'tarunN\tn
/1,'/,(,9
United Water ldaho
Case UW-W-15-01
Request No. 92 Attachment 2
Page 9 of 12
COMIWITMDNT E'OR TITLE INSUMNCE
SCITEDULEB
PartII
10. Cleneral taxes for lhe Year 2008, which are a Lien;
Orlginal Amount : $217.82
lst Installment ; $108,91 paid,
2nd Installmont r $108,91
Due and Payable On Or Before Juno 20, 2009 and not delinquent untll after said dato
Homeownor's
Exemption: No
CodeAroa:186
Tax Parcel
Number : 50932141905
11, Goueral taneg fortho Yoar2008, which aro a Lien;
Original Amorint t $2383,32
lst Installment : $185f .66 pald,
2ndlnstallment :$531.66
Due and Payablo On Or Befoto June 20, 2009 and not delhquent until aftor sald dats
Homeownert
Exomption: Yoe' Code Atea: 55
TaxParcelNumber :S0933325500
12. Coneral taxes for tho Year'2008, whloh ate a Ueni
Original Arnount : $860.08
lst Installment : $430.04 pald,
2nd Insallmont : $430.04
Duo and Payable On Or Before Juno 20, 2009 and not delinquent until after sald dats
Homeowner's
Exompdon:No
Cods Area: 55
TaxParcelNuntbor r50933346700
13, Genoral taxes for the Yeat 2008, rvhlch are a Llen;
Original Amount : $573.40
1ot Installment : $286.70 pald,
2nd Installment r $286,70
Due and Payable On Or Beforo Juno 20, 2009 and not dellnquont untii after e aid dats
Horneownefs
Bxemptlon: No
Code Area : 55
Tax ParcelNumber : 50933438450
14. Genoral taxe.s for the Year 2008, which aro a Lisn;
BlteNor 8060E?9
0044C0 AI,TA Commllmcot (6/t?/06)- SchcduloB II
Pl8sz ofi . -stewart
/4,0h, L+tussuaTanlYcomoanv
Ex, B To ularir,"^\b,ib-g,m'&l,rri, ux$-\ t'loffin -e
United Water ldaho
Case UWI-W-15-01
Request No. 92 Attachment 2
Page 10 of 12
*I\|**tffi;H;rNsuRANcs
PattII
H$"lffilL ri#;I:- l'"'o' 200e and not dolinquent until artor said dato
Homeownet's.
Exemption: t'to-
Code fueal.-T:-^. : 51604120550 . .r- ^^r,Aa6n,', Tax Roll for
TaxParcelNumuer
1ffffdffi tx*;**-:lm**+ri,;'ffi$'ffifr
iidrffi #** :T'
16. Water rights' claims or tltlo to water
er^-o tn oatents or ln acts auttrodzlng the issuancs
1?. Unpatented mining olatmsi rcservations or oxcop$ons ln patents or I
n asto
thereof'
,r."""-q;;:?H'a:fitoandfromtheland(BastandvestParcet)'Theinsuringprovrsk
''Tffiil?lrr,*-**"*$'Tfi
h:'***'recordedFebruerv1e'1e80aslrrstrumentNo'
^ :lil'Jl:1.-T::tffST:ffi$KJ-*'Hi;'fl3'i*J:
'ou*"rights'
powers a$d oasemonts or
,,,tffi,ffJ$i#fi 1".s,:s?tHr**'rgrm$*Deeds'rscordedinBooklllatPage
22. contradb-etw;Ti"1*XtlJffir$il;X"t-$if&i""':il$H;t"h'orconuacts
atPase 15e as
suPPlomenteo
*ffiHJ',3;ffix,["'ff:,il*sl$SE#l:fli:i'['Tslll.l3trifffif$'i-;:]:i:':l'ida
Eouu.ty,Idatro. - n--.^*^ r.mhor compan] inwananty Deed recotdod in
25.ReservationofBarberMi*pondbvBoisoPavetteurmbsr( #SHgfJ
ffi-"#stgmmitrncnt(6^?t06)-"b'dutoBr
. . ._,^). *_o{ffff* d&n-:
Er(, B -B r^toruoril5o*J'S'd'S
United Water ldaho
Case UW-W-15-01
t
Request No. 92 Attachment 2
Page 11 of12
rstewartI . dtle guaranry oompBrry
COMMITMENT TOR TITLE INSIIRANCE
SCHEDULEB
PartII
Book 234 at Page 356, records ofAda County, Idaho.
26, Right of way $anted by Karl Bischer and Cleo Fisher to the Mountain States Telephone and
Telegraph Company by Instrument recsrded lanuary ?1,1959, under rc,corder's fee No. 341L60,
records of Ada County, Idaho.
2'1, An easemefi and the terms and conditions thereof', in favor of: Boiso Payette Lumber Cornpany,
purposs: flood, impound and release waters, and rccorded:in Book227 of Deeds at Page 428, records
of Ada County, Idaho'
28. An oasemsnt and ths tsrms aud conditions thoreof; in favor of: Auerican Telophono and Tolegmph
Cornpany of Wyoming, purposo: rlght of way, and recorded: in Book 252 of Deeds at Pago 337,
records of Ada County, Idaho.
29. An easemont and ths terms and conditions thoroof; ln favor ofr Mountain State.s Telophono and
Telegraph, purposer rlght of way oasement, and recordedr January 15, 1991 as Instrument No.
91O2/t20, records of Ada County, Idalto.
30, (a) AII rlght, tltle or clalm or any character by tho United States, statq local govornment or by the
public gonerally in and to any portion of ths land lying wlthtn the cuffent or former bed, or below the
ordinary htgh wator matk, or between the cut banks of a stream navigable in fact or ln larv,
(b) Rtght of riparlan water rights ownors to the uso and flow of tho water,
(c) Tho consequonce of any past of futue ohange in the location of the bed.
31. ilsclosure of the spouse of Marion Call Srrlth the Company herBin reseruos the right to make
additional requiromonts and/or excoptions upon disclosure of same.
32, Right, titlo anal interest of Botty Smlth, as disclosed by tho application for title lnsurance.
33. This Company will requim the following to insure a convoyahco or loan fi'om the entity namod below:
Untted 'Water ldaho. Inc.
a. A copy of the Corporation By-laws'or Artlcles,
b. An origlnal or certifiod copy of the Resolutlon authorizlng tho subject hansaction,
Notq A gonoral lndex search ofthe county records for llons andJudgments has been porformed on the
names of ilre partles and none were found othor than what is shown in Schedule B herein.
Enel of Exceptlons
FlleNo.r 8060879
0044C'0 ALI'A Commitmtnt (6/17/06) - Schodulc B ll
Prge4 ofS
E K, B - x,,fi$\ T" tr-fi&S \DNol'.lr*o,((fi - t
United Water ldaho
Case UW-W-15-01
(l
Request No. 92 Attachment 2
Page 12 ol 12
STATE OF IDA}IO
County of A&"-
On this 3t, day of o undersigned, a Notary
Publio in and for said state, porsonally bn&u known or itlentified to
whose name is subsoribad to ths within instrumolrt as attomoy-in-fact of
and aoknowledgeil [o mo that he/# subsor{bed tlre narue of
thoreto as prinoipal, and histh olrm namo as attornoy-in-fact,
IN WITNESS WIIERBOF, I havo lrereunto set my hand and affixed my offfcial
soal the day and year first abovs wdtton
il
)
: s8.
)
J NotaryPublic
uro"u a,{5D*N - S^rnN^G urfrSa\ Nr}*a - g
UNITED WATER IDAHO INC.
GASE UW!-W-1s-01
FOURTH PRODUCTION REQUEST OF THE COMMISSION STAFF
Preparer/Sponsoring Witness: Kevin Doherty
REQUEST NO. 100: Please state whether the Company is currently undergoing any
Federal or State tax return audit. Please include any notifications of audits which are
not currently undenruay.
RESPONSE NO. 100: The Company is not currently undergoing any Federal or State
tax return audit nor has it been notified of any audits scheduled to begin.
UNITED WATER IDAHO INL.
CASE UW!-W-15-01
FOURTH PRODUCTION REQUEST OF THE COMMISSION STAFF
Preparer/Sponsoring Witness: Kevin Doherty
REQUEST NO. 101: Please provide copies of all reports and or letters stating the
outcome of any Federal or state tax return audits for 2011, 2012, 2013, 2014 and 2015,
to date. Please also provide the Company's responses.
RESPONSE NO. 101: There have been no Federal or State tax return audits for the
time period specified.
UNITED WATER IDAHO INL.
CASE UWI.W.15.O1
FOURTH PRODUCTION REQUEST OF THE COMMISSION STAFF
Preparer/Sponsoring Witness: Kevin Doherty
REQUEST NO. 102: Please identify the expenses, plant additions and all other costs
included in the case related to the Brian Subdivision connection by account, month and
by year.
RESPONSE NO. 102: No costs related to the Brian Subdivision have been included in
the rate case.
UNITED WATER IDAHO INC.
GASE UW!-W-15-01
FOURTH PRODUCTION REQUEST OF THE COMMISSION STAFF
Preparer/Sponsoring Witness: Roger Greaves
REQUEST NO. 109: Please provide the accounting detail by activity (Vendor, AFUDC,
Payroll, Overheads, Contributions in Aid of Construction and the like), Construction
Work in Progress (CWIP) reports, Capital Expense Authorization and/or other
documents establishing need for and approval of the project, cost-benefit analysis,
related contracts, and access to engineering section files for each of the following
projects:
Proiect Number Descriotion
C15D701 Broadway River Crossing
C14A502 Amity Well Re-Drill
C148503 Fisk VOC Treatment
C15C503 Repl Bluffs Booster Station
C15D300 Developer Extensions
C15D650 Small GIP Main Repl Project
C15F501 Rep lsolated Services
C15G005 AMI Network
C14J106 PeopleSoft
C14J107 PowerPlan
C14K201 Headquarters Relocation
C13K302 Master Facility Plan Update
Page 1 of 3
c14G501
c12J950
c13D003
c128503
c12E501
c124001
c14F001
c14F003
c13D321
c14D701
c13D348
c14D327
c14D312
Repl Customer Meters
System Enhancements
North Mountain to Scenic Phase 2
Repl CWTP Membranes
Bogus Basin Reservoir
Water Rights
Repl Security Equipment
Repl Victory Office Toilets
Facility Cooling
CWTP Pond Access lmprovs
Printer Replacements
Replace Hid Hollow #3 VFD
Repl Colorimeters-Cl Analyzers
RESPONSE NO. 109: The exhibit contains CWIP and CEA information for
following list of projects, where available. The Company will make files from
engineering section available at a mutually acceptable time.
the
the
Proiect
Number Description Comments
c12A001 Water Rights CWIP and CEA in Exhibit
c128503 Repl CWTP Membranes CWIP and CEA in Exhibit
CWIP and CEA in Exhibitc12E501Bogus Basin Reservoir
Page 2 of 3
c12J950 System Enhancements CWIP in Exhibit. No CEA
available for this proiect.
c138502 Facility Cooling C13D321 is actually C138502
CWIP and CEA in Exhibit
c13D003 North Mountain to Scenic Phase 2 CWIP and CEA in Exhibit
c13K302 Master Facility Plan Update CWIP and CEA in Exhibit
c13K501 Repl Security Equipment C14F001 is actually C13K501
CWIP and CEA in Exhibit
c13K701 Repl Victory Office Toilets C14F003 is actually C13K701
CWIP and CEA in Exhibit
c14A502 Amity Well Re-Drill CWIP and CEA in Exhibit
c148503 Fisk VOC Treatment CWIP and CEA in Exhibit
c148,607 Repl Colorimeters-Cl Analyzers CWIP and CEA in Exhibit
c14C207 Replace Hid Hollow #3 VFD CWIP and CEA in Exhibit
c14C502 CWTP Pond Access lmprovs CWIP and CEA in Exhibit
c14G501 Repl Customer Meters CWIP in Exhibit. No CEA is
created for G501 proiect.
c14J106 PeopleSoft CWIP and CEA in Exhibit
c14J107 PowerPlan CWIP and CEA in Exhibit
c14J502 Printer Replacements C13D348 is actually C14J502
CWIP and CEA in Exhibit
c14K201 Headquarters Relocation CWIP in Exhibit. No CEA
available for this proiect.
c15C503 Repl Bluffs Booster Station CWIP in Exhibit. CEA has not
been created yet.
c15D300 Developer Extensions CWIP in exhibit. No CEA is
created for D300 proiect.
c15D650 Small GIP Main Repl Project CWIP in Exhibit. No CEA is
created for D650 proiect.
c15D701 Broadway River Crossing CWIP and CEA in Exhibit
c15F501 Rep lsolated Services CWIP in Exhibit. No CEA is
created for F501 proiect.
CWIP and CEA in Exhibitc15G005AMI Network
Page 3 of 3