HomeMy WebLinkAboutLate Comers Agreement with Debgar LLC for Waterline Extension DebgarADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 11
BOISE IDAHO 08131104 08:53 AM
DEPUTY Vicki Allen
RECORDED -REQUEST OF III IIIIIIIIIIIIIIIIIIIIIIIIIIII'II II
CIV of Meridian 104111820
WATERLINE LATE COMERS AGREEMENT
DEBGAR, LLC EXTENSION
DEBGAR,LLC
This Waterline Late Comers Agreement ("Agreement') made and entered into this
1�qq
day of 2004, by and between DEBGAR, LLC, an Idaho limited
liability company, hereafter referred to as "Developer", and the CITY OF MERIDIAN,
hereafter referred to as "City".
WITNESSETH:
WHEREAS, the City limits extend south of Overland Road, but prior to this
Agreement and the construction referred to herein, such area was not provided water service by
the City; and
WHEREAS, the Developer constructed a waterline from an existing waterline to the
area north and south of Overland Road, and east of Linder Road, which area is depicted in
white in "Exhibit A", attached hereto and incorporated herein, which water line is able to
provide service to land south of Victory Road, and east and west of Eagle Road to the entire
area depicted in white in Exhibit "A" (the "Total Service Area") ; that the Total Service Area
is approximately 90 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
WATER LINE LATE COMERS AGREEMENT
PA1713 I of \ L.,
full, with land use densities shown on Exhibit "B", there could be 498 equivalent residential
units (ERU) in the 90 acres; that the Developer's site consists of 72 ERU; that on the land not
included in the Developer's site but within the Total Service Area, there could be 426 ERU;
and
WHEREAS, the water line constructed by the Developer will benefit land other than
only the land developed by Developer; that the land that can be served by the said water line
depicted in white in Exhibit "A"; that the developable land that can be served by the water line
could contain 498 ERU's; that the existing developed 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 years, the term a Late Comers Agreement is allowed to run, and
WHEREAS, the total cost of constructing the said water line borne by the Developer
was $56,851.16; whereas the water line will benefit the Developer's site, which could contain
72 ERU's, or 14.5% of the total area 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 $8,219.44; that by
subtracting this amount as the total Developer's cost share, the total cost to all late comers is
$48,631.72; 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 $239.73, adjusted annually, per ERU as shown in Exhibit "C", attached
hereto and incorporated herein; and
WHEREAS, Section 9-1-13 of the Water Ordinance provides that the City may enter
WATER LINE LATE COMERS AGREEMENT
into water line extension and reimbursement agreements and that section further provides that
water users who subsequently connect to the extended water line(s) 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 known 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 Developer has paid for engineering, planning and construction of the
water line depicted by the dashed red line in Exhibit "A", and which will benefit the Total
Service Area also shown in Exhibit "A".
3. The Developer has contributed $56,851.16 to total construction costs of the
WATER LINE LATE COMERS AGREEMENT
Page
said water line, of which Developer is entitled to be reimbursed the sum of $48,631.72, plus
interest defined in paragraph 5 below, which represents land in the Total 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 $239.73, 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
Construction 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 "DEBGAR, LLC WATER EXTENSION
PROJECT REIMBURSEMENT ACCOUNT." The City shall deposit the LATE
COMERS FEES to the DEBGAR LLC WATER EXTENSION PROJECT
REIMBURSEMENT ACCOUNT on a quarterly basis. The unpaid principal balance of the
reimbursement sum of $48631.72 shall increase annually at a rate of six percent (6%) to be
accrued at the City's Fiscal Year End on September 30 (9/30) each year for the term of the
Agreement.
6. That the LATE COMERS FEES assessed, which will go into the DEBGAR,
LLC WATER EXTENSION PROJECT REIMBURSEMENT ACCOUNT, shall be
WATER LINE LATE COMERS AGREEMENT
paaP 4 m£ � l
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 BODILY RV WATER EXTENSION
REIMBURSEMENT ACCOUNT the 5% fee authorized by 9-1-13.
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 by the dashed red line 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 term of this Agreement shall be until Developer has been reimbursed the
principal sum of $48,631.72, plus interest, as determined pursuant to Paragraphs 3 and 5 or, if
this is not achieved, for a period of ten (10) years or, until such time the water line described
herein is abandoned. If the Developer has not been reimbursed the principal sum of
$48,631.72, plus interest, 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
12. This Agreement shall be binding on the assigns and successors of the parties
hereto.
DATED thisln day of 2004.
M
ATTEST:
(corporate seal)
CITY
WILLIAM G. BERG,
Approved By City Council: 8
DEBGAR, LLC
WATER LINE LATE COMERS AGREEMENT
STATE OF IDAHO,)
ss.
County of Ada,
+k
On this I� day of A4.!,+ 2004, before me, the undersigned, a Notary
Public in and for said State, per onally 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 written.
SEAL tzU rhk NJIDG
PUBLIC FOR IDAHO
SAT /YJCr'MISSION EXPIRES oy a.o
• vet OF VD-t.;090
STATE OF IDAHO,)
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County of Ada,
On this day of 2004, before me, the undersigned, a Notary Public in
and for said State, personally de d GARY BODILY, known to me to be a Manager of
DEBGAR, LLC, and who executed the within instrument on behalf of said limited liability
company, and acknowledged to me that said corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal
the day and year first above written.
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"EXHIBIT C"
DEBGAR,LLC
WATER LINE LATE COMERS' AGREEMENT
FEE COMPUTATIONS
AREA DETERMINATION:
Total Service Area = 90.00 Gross Acres
Latecomers Area = Total Service Area - Developer's Area
% OF
TOTAL
TOTAL SERVICE AREA PROJECTED ERU's: 498 100.0
% OF
TOTAL
DEVELOPER'S AREA PROJECTED ERU's: 72 14.5
% OF
TOTAL
LATE COMER'S PROJECTED ER U's: 426 85.5
FEE COMPUTATION:
DEVELOPER'S CONTRIBUTION. $ 56,851.16 Verified from Billings
PORTIONATTRIBUTABLE TO DEVELOPER'S SUBDIVISION:
14.5% x $56,851.16 = $8,219.44
PORTION OF DEVELOPER'S CONTRIBUTIONELIGIBLE FOR REIMBURSEMENT.
Total Service Area (100%) - Developer's Percentage = Percentage Eligible = 85.5%
85.5% x $ 56,851.16 =
$48,631.72
LATE COMER FORMULA:
(Eligible Reimbursement/Late Comer's Service AreaERU's = Late Comer Fee per ERU)
$ 48,631.72 = $114.16
426.00
REIMBURSEMENT BASIS:
Assume payback period of ten years and an overall growth rate of
within the Late Comer area over that ten years. The Adjusted Late Comer
fee per ERU =
$ 114.16 = $228.32
50%
ADMINISTRATIVE FEE:
An administrative fee will be added to the latecomer fee to cover costs to the
Latecomer Fee w/ City Administration Cost:
$228.32 x 5% _
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 1 st, at an annual percentage rate of 6%
The latecomer fees shall be:
50%
5%
$239.73
Effective Date
Latecomer Fee per ERU
October 1, 2003
$239.73
October 1, 2004
$254.12
October 1, 2005
$269.36
October 1, 2006
$285.53
October 1, 2007
$302.66
October 1, 2008
$320.82
October 1, 2009
$340.07
October 1, 2010
$360.47
October 1, 2011
$382.10
October 1, 2012
$405.03
Table I
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CITY OF i
IDAHO
//r TNN/\SURE V�LP.Y
SINCE
7903
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
Public Works
660 E. Watertower Lane
Suite 200
898-5500/fax 895-9551
- Building
660 E. Watertower Lane
Suite 150
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
ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00
BOISE IDAHO 03/09/06 02:08 PM
DEPUTY D -R Haney III IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII
RECORDED -REQUEST OF
Meridian CIIy 106036641
RELEASE OF AGREEMENT
WATERLINE LATECOMERS AGREEMENT
for
DEBGAR, LLC EXTENSION
DEBGAR, LLC
Agreement between
CITY OF MERIDIAN
DEBGAR, LLC
The agreement entered into August 17, 2004 by and between the CITY of
MERIDIAN, a municipal corporation of the State of Idaho, and LK,, has
been satisfied by the City of Meridian. We requestyou release the h
recorded 8/31/2004 under your instrument number #10411182Q
William G_ Berg, Jr_ — C' y lk
0 �
STATE OF IDAHO
ss
County of Ada )
On this �'fl` day of J1jCt I C4 A , 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 -
e
Sh (V
Notary Public for Idaho
1
Residing at: y'1f1� G,) c,,—%� .M
Commission expires:
CITY HALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433
CITY CLERK— FAX 888-4218 FINANCE & UTILITY BILLING— FAX 887-4813 MAYOR'S OFFICE— FAX 884-8119
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