HomeMy WebLinkAboutLate Comer Agreement with Capital Development, Inc. for for Well 20 Water Line ExtensionADA COUNfY RECORDER J. DAVID NAVARRO 11
BOISE IDAHO 06!22104 10:32 AM
DEPUTY Joanne Hooper
~I RECORDED-REQUEST OF III IIIIIIIIIIIIIIIIIIVIIIIIIIIIIIIII
MERIDIOAN CITYB 0
AMOUNT 00 16407$251
WELL 20 PRV
CAPITAL DEVELOPMENT, INC.
This Waterline Late Comers Agreement ("Agreement") made and entered into this
day of 2004, by and between CAPITAL DEVELOPMENT, INC., an Idaho
corporation, hereafter referred to as "Developer", and the CITY OF MERIDIAN, hereafter
referred to as "City".
WITNESSETH:
WHEREAS, the City limits extend north of Ustick Road, but prior to this Agreement and
the construction refer-ed to herein, such area was not provided water service by the City; and
WHEREAS, the City constructed a waterline from an existing waterline to the area north
and south of McMillan Road, and east of Locust Grove Road, as depicted in "Exhibit A",
attached hereto and incorporated herein, which water line is able to provide service to land north
and south of McMillan Road, and east of Locust Grove Road to the entire area depicted (the
"Total Service Area") in Exhibit "A"; that the Total Service Area is approximately 384 acres
which, if developed under the land use density projections shown on Exhibit "B", which is attached
hereto and by this reference incorporated herein as if set forth in full, with land use densities shown
on Exhibit "B", there could be 1213 equivalent residential units (ERU) in the 384 acres; that the
WATER LINE LATE COMERS AGREEMENT Page - 1 of 7
Developer's site consists of 241 ERU; that on the land not included in the Developer's site but
within the Total Service Area, there could be 972 ERU; and
WHEREAS, the water line constmcted by the City will benefit the City and the Developer
equally; that the said waterline will benefit land other than only the land developed by Developer;
that the land that can be served by the said water line is shown in Exhibit "A' ;that the developable
land that can be served by the water line could contain 1213 ERU's; that the developable areas that
eventually connect to the water line serviced by the City will be subject to the latecomer fees
described herein; that 50% of the land located within the Total Service Area, excluding the
Developer's site, would be developed in ten yeazs, the term a Late Comers Agreement is allowed to
run, and
WHEREAS, the total cost of constructing the said water line borne by the City was
$107,274.20; whereas the City and the Developer derived equal benefit from the said construction;
whereas the water line will benefit the Developer's site, which could contain 241 ERU's, or 19.9%
of the total azea to be benefited by construction of the water line; therefore the cost to Developer to
construct the water line to his own site would be $10,671.70; that by subtracting this amount as the
total Developer's cost shaze, the total cost to all late comers is $42,965.40; and then adding 5% for
the City Administrative Fee; and then dividing by 50% of the remaining number of ERU's that
could be served by the water line; and there should be a Late Comers fee of $92.87, adjusted
annually, per ERU as shown in Exhibit "C", attached hereto and incorporated herein; and
WHEREAS, Section 9-1-13 of the Water Orduiance provides that the City may enter into
water line extension and reimbursement agreements and that section further provides that water
WATER LINE LATE COMERS AGREEMENT Page - 2 of 7
users who subsequently connect to the extended water lines} shall be charged an eight (8) inch
diameter water line equivalency fee; said fees are in addition to the connection and user charges
normally assessed a user due to the fact the user has not contributed to the cost of the extended line;
the above fee is hereafter referred to as "Late Comer Fee' ;the above ordinance section provides
that the late comers fee may be used to reimburse the person or persons so extending the water
line(s).
WHEREAS, pursuant to Section 9-1-12 of the Water Ordinance, the City is required to
charge a Water Construction Equivalency Fee to any person or property owner who has not
otherwise paid for, or contributed proportionately toward the costs and expenses of constructing a
water line, whether that construction has been performed by the City, a local improvement district
or a private entity, or combination thereof, and who subsequently desires to connect to the City
water system, shall be required to pay an additional connection charge which shall be lrnown and
referred to as the "Water Construction Equivalency Fee".
NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:
1. The above recitals are contractual and are incorporated herein as if set forth in full.
2. That the City has paid for engineering, planning and construction of the water line
shown in Exhibit "A", and which will benefit the Total Service Area also shown in Exhibit "A".
3. That the City and the Developer will derive equal benefit from the said engineering,
planning and construction; that the Developer will accordingly reimburse the City the sum of
$53,637.10 for one-half of the total construction costs of the said water line, of which Developer is
entitled to be reimbursed the sum of $42,965.40 plus interest, which represents land in the Total
WATER LINE LATE COMERS AGREEMENT Page - 3 of 7
Service Area that could be served by the water line but is not included in Developer's site. ,
4. That for all land within the Total Service Area, excluding the Developer's site,
connecting to the water line referred to in Exhibit "A" after the date of this Agreement, the City
will charge the sum of $92.87,-adjusted annually, per ERU as shown in Exhibit "C"; such users
shall hereafter be referred to as "LATE COMERS' ; that the charge is the water construcfion
equivalency fee authorized in 9-1-12 and established by this Agreement, which fee shall herein be
referred to as "LATE COMERS FEE' ; the fee is in addition to any other water charges for
connection to the water system; the computation of the Late Comers Fee is shown on Exhibit "C".
5. That all the late comer fees assessed above in Paragraph 4 shall be set aside and
deposited to a special account to be designated the "WELL 20 PRV WATER EXTENSION
PROJECT REIMBURSEMENT ACCOUNT" and shall reflect interest at a rate of 6% to be
accrued on the unpaid balance once a year at the City's Fiscal Year End (9/30) each year for the
term of the Agreement, and shall be distributed quarterly to the Developer.
6. That the late comer fees assessed, which will go into the WELL 20 PRV WATER
EXTENSION PROJECT REIMBURSEMENT ACCOUNT, shall be adjusted annually, at a
rate of 6% per annum as shown in Table I of Exhibit "C".
7. That the late comer fees shall be collected by the City from all users in the Total
Service Area, excluding the Developer's site, connecting to the water line shown in Exhibit "A",
after the date of this Agreement.
8. That the City shall charge the WELL 20 PRV WATER EXTENSION
REIMBURSEMENT ACCOUNT the 5% fee authorized by 9-1-13.
WATER LINE LATE COMERS AGREEMENT Page - 4 of 7
9. That the City shall have prepared on an annual basis an audit of all funds collected
pursuant to this Agreement, which audit shall coincide with the general audit of the City; that the
cost of this audit shall be paid by the City as part of its administrative costs.
10. It is agreed that the water line(s) depicted in Exhibit "A" is the property of the City
and shall henceforth be maintained by the City at its sole cost and expense.
11. The teen of this Agreement shall be until Developer has been reimbursed the
principal sum of $42,965.40, plus interest, as detemvned in Paragraph 3 or, if this is not achieved,
for a period of ten (10) years. If the Developer has not been reimbursed the principal sum of
$42,965.40, plus interest, less administrative fees after ten (10) years from the date of this
Agreement, this Agreement may be renewed by mutual Agreement of the City and the Developer,
at such time as the City ordinance allows for extension of a ten year time frame. If the City does
not amend this ordinance, then this agreement shall have a ten year life span. -
WATER LINE LATE COMERS AGREEMENT Page - 5 of 7
12. ThisA^Jgreement shall be binding on the assigns and successors of the parties hereto.
DATED this D_ day of , 2004.
BY:
CITY OF
TAMMY
ATTEST:
(corporate seal)
Approved By City Council:
MAYOR \\\`\.`" ~OF~~MEi; ~'' .~
~,
C)' `a~RpoRq rFo
., TII' C ER~EAL
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~~~~'~~,, CQUNTY . ~\~~.~~.
WATER LINE LATE COMERS AGREEMENT Page - 6 of 7
STATE OF IDAHO,)
County of Ada,
ss.
On this day of U,tt~. 2004, before me, the undersigned, a Notary Public
in and for said State, personally appeared TAMMY DEWEERD and WILLIAM G. BERG, JR.,
known to me to be the Mayor and City Clerk of the CITY OF MERIDIAN, Idaho, and who
executed the within instrument, and acknowledged to me that the CITY OF MERIDIAN executed
the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first above
~T~RA
SEAL y ~
~_ ~' ~~6L1G
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~~uu~~t~
STATE OF IDAHO,)
ss.
County of Ada,
._.
NO ARY PUBLIC FO ID O
* SID GAT ~ ~ K
C SSION EXPIRES ~ ~
a
On this ~ day of ~cle , 2004, before me, the undersigned, a Notary Public in and
for said State, personally appeared RAMON YORGASON, known to me to be President of
CAPITAL DEVELOPMENT', INC., and who executed the within instrument on behalf of said
corporafion, and acknowledged to me that said corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and afFxed my official seal the day
and year first above written.
SEAL
JULIE A. HEADER
Notary Public
State of Idaho
NOT Y PUBLIC FOR IDAHO
RESIDING AT ~~rl~
MY COMMISSION-EXPIRES
MY Qp11~IlNiSStOiERPIREB
,4®@ ?~11~ QLQ'm1~x ~ ~werrees
WATER LINE LATE COMERS AGREEMENT Page - 7 of 7
Exhibit A
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Legend
Medium Density Residential
® Mixed Use
~ Low Density Residential
~ Not Eligible
N
6/2/2004
WE
Miles
$ 0 0.5 1
Exhibit B
ERU Calculations -Settlement Bridge
Class PARCE ADARESS ACRES ERU/Acre ERUs
LDR
819669605 EDUNWOODY CRT 1.45 2.00 2.9
819669616 EDUNWOODY CRT - 31.12 2.00 62.2
819669628 EDUNWOODY CRT 3.35 2.00 6.7
505292337 5780 N LOCUST GROVE RD 5.06 2.00 10.1
505292336 5690 N LOCUST GROVE AD 5.06 2.00 10.1
819669626 E DUNWOODY CRT 3.30 2.00 6.6
Summary for'Clacs' = LDR (6 detail records)
Sum 49.34 98.7
MDR
505293360 5190 N LOCUST GROVE RD 8.02 4.00 32.1
505292232 6380N LOCUST GROVE RD 38.70 4.00 154.8
505293361 1630 E MCMILLAN RD 2.50 4.00 10.0
505293364 E MCMQ.LAN RD 1.51 4.00 6.0
505293363 1860 E MCMILLAN RD 5.24 4.00 21.0
S05293362 1780 E MCMILLAN AD 5.12 4.00 20.5
505293362 1720 E MCMILLAN RD 4.84 4.00 19.4
- S05322124 2251 E MCMII,LAN RD 10.00 4.00 40.0
505293361 N LOCUST GROVE RD 8.65 4.00 34.6
505321209 E MCMILLAN RD 6.64 4.00 26.6
505293361 5040 N LOCUST GROVE RD 3.38 4.00 13.5
805321418 4037 N EAGLE RD 22.00 4.00 88.0
S05324278 2800 E JASMINE LN 5.00 4.00 20.0
S05322126 2205 E MCMILLAN RD 60.32 4.00 241.3
845825304 2610 E JASMINE LN - 8.20 4.00 32.8
S05324388 2742 E USTICK RD 1.67 4.00 6.7
805321421 4145 N EAGLE RD 5.00 - 4.00 20.0
S05321420 E JASMINE LN 1.19 4.00 4.8
S05321420 E JASMINE LN 7.26 4.00 29.0
505321312 4297 N EAGLE RD 25.51 4.00 102.0
505321312 E MCMQ.LAN RD 10.00 4.00 ~ 40.0
505321312 E MCMILLAN RD 10.00 4.00 40.0
Thursday, June 03, 2004 Page 1 of 2
Class PARCE ADDRESS ACRES ERU/Acre ERUs
S05324174 N EAGLE RD 5.21 4.00 20.8
Summary for'Class' = MDR (23 detail records)
Sum 255.96 1,023.8
Mil
S05324490 3445NEAGLE RD 28.05 L14 32.0
505333361 3420 N EAGLE RD 16.44 1:14 18.7
S05333360 3580 E USTICK RD 20.00 1.14 22.8
805324492 3160 E USTICK RD ~ 13.19 1.14 15.0
505324493 2820 E USTICK RD - 1.50 1.14 1.7
Summary for'Class' = MU (5 detail records)
Sum - 79.18 90.3
Grand Total 384.48 1,212.8
Thursday, June 03, 2004 page 2 of 2
REIMBURSEMENT BASIS:
Assume payback period often years and an overall growth rate of 50%
within the Late Comer azea over that ten years. The Adjusted Late Comer
fee per ERU =
$ 44.23 = $88.45
50%
ADMINISTRATIVE FEE.•
An administrative fee will be added to the latecomer fee to cover costs to the 5%
Latecomer Fee w/ City Administration Cost:
$88.45 x 5% _ $92.87
REIMBURSEMENT SCHEDULE:
The Developer paid the costs of installing the water line. The Late
Comer fee paid by each parcel, or portion thereof, who connects to the
subject water line will be paid per the above agreement.
The fees assessed to each latecomer shall be adjusted annually on
October 1st, at an annual percentage rate of 6%
The latecomer fees shall be:
Effective Date Latecomer Fee per ERU
October 1, 2003 $92.87
October 1, 2004 $98.45
October 1, 2005 $104.35
October 1, 2006 $110.61
October 1, 2007 $117.25
October 1, 2008 $124.29
October 1, 2009 $131.74
October 1, 2010 $139.65
October 1, 2011 $148.03
October 1; 2012 $156.91
Table I
3.
CFA ~ Y y
CITY OF' ~I,~~$i~~ ~ ~~
C~~~rl~icn .~~ ~ ~.\,
~ IDAHO j
ti
~C~~~h~ %~a~ TkensuHr VnuxY `j^7JSix~.
111903
MAYOR
Tammy de Weerd
CITY COUNCIL MEMBERS
Keith Bird
Joseph W. Borton
Charles M. Rountree
Shaun Wardle
CITY DEPARTMENTS
City Attorney/'.HR
703 Main Street
898-5506 (City Attorney)
898-5503 (HR)
Fax 884-8723
Fire
540 E. Franklin Road
888-1234/fax 895-0390
Parks & Recreation
11 W. Bower Street
888-3579/fax 898-5501
Planning
660 E. Watertower Lane
suite 202
884 5533 /fax 888-6844
Police
1401 E. Watertower Lane
888-6678/fax 846-7366
ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .DO 1
BOISE IDAHO 03109/06 02:08 PM
DEPUTY Neava Haney
RECORDED-REQUEST OF III IIIIIIIIIIIIIIIIIIIIIIII~III II
Meridian Ciry 1 ~~0~6~3~
RELEASE OF AGREEMENT
WATER LINE LATECOMERS AGREEMENT
for
WELL 20 PRV
CAPITAL DEVELOPMENT, INC.
Agreement between
CITY OF MERIDIAN
CAPITAL DEVELOPMENT, INC.
The agreement entered into June 8, 2004 by and between the CITY of
MERIDIAN, a municipal corporation of the State of Idaho, and Capital
Development, Inc.has been satisfied by the City of Meridian. We reque6~,t yAU:
release the agreement recorded 6/22/2004 under your instrument nu3~iber `
#I040'~8251. ~ ~' „4~Y 5° .. .:_.........
G; i"' ~"°
STATE OF IDAHO )
Public Works
660 E. Watertower Lane
Suite 200
898-5500 /fax 895-9557.
- Building
660 E. Watertower Lane
suite 7.50
887-2211/fax 887-1297
- Wastewater
3401 N. Ten Mile Road
888-2191 /fax 884-0744
- Water
2235 N.W. 8th Street
888-5242/fax 884-1159
S5
County of Ada )
William G. Berg, Jr. -
r` '~
t.
-.
ry y lark
~~f''~,00'~aA~~'~"'~' ' ,~~,;
~~E,~,,.~~~tt~tttt
On this ~-~~t day of ~,~,,,~,Gt.~1C°~~ , 2006, before
me, a Notary Public, personally appeared William G. Berg, Jr., know or identified
to me to be the City Clerk, respectively, of the City of Meridian, who executed the
instrument or the person that executed the instrument of behalf of said City, and
acknowledged to me that such City executed the same.
•
i~
G.
•
•
Notary Publie for Idaho
Residing at: ~'~"~,e' (G~r~. ._,~~
Commission expires: ~, - I S` I 1
CITY HALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433
CITY CLERK -FAX 888-4218 FINANCE & UTILITY BILLING -FAX 587-4813 MAYOR'S OFFICE -FAX 884-8119
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