HomeMy WebLinkAboutReimbursement Agreement with Tuscany Development, Inc. for Tuscany Subdivision Sewer and Water
RECEIVED
City of Meridian
Public Works Dept.
MA'{ 3 1 2005
City Of Meridian
City Clerk Office
Memo
To:
Will Berg; Tara Green
From: Kyle Radek, P.E., Staff Engineer jCIL
cc:
File
Date: 5/31106
Re:
Reimbursement Agreement with Tuscany Development
Attached is the original above referenced document for your files.
ePage1
AGREEMENT
TI-ns AGREEMENT made this 'J d~ay of )1'+1 . ,200G, by and between
the CITY OF MERIDIAN, a municipal corporation, hereinafter called CITY, and Tuscany
Development, Inc., hereinafter called DEVELOPER:
WITNESSETH:
WHEREAS, DEVELOPER owns land inside the cotporate limits of the City of Meridian and
has constructed a sanitary sewer system to their serve their projects as shown on Exhibit "'A"
and has requested reimbursement for certain portions of the sanitary sewer system;
WHEREAS, upon recommendation of the Public Works Department, the Council of CITY
accepted and approved the proposal of DEVELOPER subject to all conditions hereinafter
provided by this Agreement.
NOW THEREFORE, in consideration ofthe foregoing premises, it is agreed:
A.
Preparation of Plans. DEVELOPER has prepared plans and specifications, drawings,
instructions, bid proposal and all other contract documents for the construction and
installation of sanitary sewer system, shown on. Exhibit "'A}', including rights-of -way,
grades and elevation, and materials used in the construction and installation of said trunk
sanitary sewer lines.
B.
Construction of Sanitary Sewer Trunk Lines.
(1) DEVELOPER has installed and constructed the sanitary sewer system and
appurtenances as shown on Exhibit "'A", subject to the conditions hereinafter
provided.
(2) DEVELOPER has provided all engineering, surveying, contract administration,
permanent and temporary construction easements for the construction of the
sanitary sewer system described on Exhibit "A".
(3) DEVELOPER has provided all testing, sampling and other normally conducted
quality control/quality insurance of installed systems.
(3) CITY has provided inspection services for the construction of the sanitary sewer
system described on Exhibit "'A".
c.
Letting Bids. DEVELOPER has solicited bids and published requests for bid proposals
for construction of the sanitary sewer system from at least three (3) properly licensed
public work contractors. DEVELOPER awarded the construction to the lowest
responsible bidder after obtaining concurrence from CITY of low bidder.
Page 1 of 8
D.
DEVELOPER and CITY Responsibility for Costs. Because the DEVELOPER has
constructed additional sanitary sewer improvements, as shown on Exhibit "A", at the
request of the CITY, it is mutually agreed that the cost of those sanitary sewer
improvements will be shared as contained in Exhibit "B." It shall be the responsibility
of the DEVELOPER to provide 100% of the financing of the project with
reimbursement from the CITY in accordance with Section E of this agreement
"Reimbursement to DEVELOPER."
E.
REIMBURSEMENT to DEVELOPER.
Because the DEVELOPER has installed, constructed and erected sanitary sewer system
as shown on Exhibit "A", the CITY shall reimburse to the DEVELOPER that portion of
the cost attributable to other development, which is $489,490, by refunding $ 604 ofthe
assessment fee collected by City in accordance with the City Ordinances 9-1-13 and 9-
4-19 in effect at the time of this agreement.
The CITY will make an audit of this agreement on a quarterly basis, beginning on the
date of this agreement, and reimburse the DEVELOPER in accordance with this
agreement ftom the assessment fees collected during the audit period for the
DEVELOPERS projects as shown on Exhibit "A".
F.
Term of Agreement. Payments shall continue under this agreement until DEVELOPER
is fully reimbursed or for a period not to exceed ten (10) year from the date of execution
of this agreement by CITY.
G.
SanitarY Sewer Lines on DEVELOPER'S Property. As a condition for CITY entering
this Agreement, DEVELOPER has or will:
Submit to inspection by either the Public Works Department or the Building Department
of CITY whenever a building is to be connected to the sanitary sewer system
constructed and installed on and within its property.
H.
Cost of Sanitary Sewer Line on DEVELOPER'S Property. All costs and expenses,
including the construction, engineering, advertising, clerical and legal and all licenses
and permits which may be required for the construction and installation ofthe sanitary
sewer system upon and within DEVELOPER'S property, shill be at DEVELOPER'S
sole expense. This condition specifically excludes the CITY'S share of the sanitary
sewer system on Exhibit "A".
I.
Compliance with Laws.
( 1) In constructing and installing the sanitary sewer system within- its property,
DEVELOPER, at its sole expense, shall comply with laws, orders and regulations of
Federal, State and Municipal authorities and at its sole expense shall obtain all
licenses or permits which may be required for the performance of this Agreement.
Page 2 of 8
(2)
Upon connection to the sanitary sewer system, DEVELOPER agrees to abide by
all applicable City laws, rules and regulations pertaining to sanitary sewer systems.
Indemnification and Insurance. DEVELOPER shall indemnify and save and hold
harmless CITY from and for any and all losses, claims, actions, judgments for damages,
or injury to persons or property and losses and expenses caused or incurred by
DEVELOPER, its servants, agents, employees, guest, and business invitees, and not
caused by or arising out of tortuous conduct of CITY or its employees.
J.
No Assignment. DEVELOPER shall not assign any portion ofthis Agreement or any
privilege here under, either voluntarily or involuntarily, without the prior written
consent ofthe CITY, which consent shall not be unreasonably withheld.
K.
Definition of DEVELOPER'S Property. The term "DEVELOPER'S PROPERTY" in
the Agreement shall mean the parcels described on Exhibit "A" attached hereto. and
more specifically as all lots within Messina Village, Messina Hills, Tuscany Lakes,
Tuscany Village, Glacier Springs, and the future Messina Meadows subdivisions.
1.
Binding Effect. An executed copy of this document shall be recorded in the office of
the Ada County Recorders and is an Encumbrance which shall be binding upon all of
DEVELOPER'S assigns, or successors in interest to said property.
M.
IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly
authorized officers the day year [lIst above written.
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Page 3 of 8
STATE OF IDAHO
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County of Ada
On this /7 day of (Ý) 0.. ~ . dO<> before me the undersigned, a
Notary Public in and for said State, rsonally appeared ~e --::y. h,", .so....... . and
,known or identitied 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 affixed my official seal the day
and year flI'st above written.
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On this ~ day of J Gli~ ' 'Zo'o(P ,before me the undersigned, a Notary Public
in and for said State, personally ap ared TAMMY DE WEERD and WILLIAM G. BERG, JR,
known to me to be The Mayor and City Clerk of the City of Meridian, Idaho, 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.
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Commission Expires: 10 - /5 - f
Page 4 of 8
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GLACIER
SPRINGS
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EXHIBIT
"A"
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E. VICTORY
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MESSINA
VILLAGE
FUTURE MESSINA MEADOWS
TUSCANY DEVELOPMENT SEWER
Exhibit B
TUSCANY DEVELOPMENT OVERSIZED SEWER ANALYSIS
Oversized Sewer Throuah Tuscany Lakes #1. Tuscanv Village. and Glacier Sprinas
Depth Unit Reimburse Reimburse
Item Ranae Quantitv Price Total % i
- - - - -
27" Sewer 28' -24' 60 $83.00 $4,980.00 72.3 $3,600.54
27" Sewer 24' - 20' 628 $76.00 $47,728.00 70.1 $33,457.33
27" Sewer 20' - 16' 3139 $63.00 $197,757.00 68.5 $135,463.55
24" Sewer 20' - 16' 920 $52.00 $47,840.00 63.5 $30,378.40
15" Sewer 28' - 24' 45 $52.00 $2,340.00 60.3 $1,411.02
15" Sewer 24' - 20' 40 $46.00 $1,840.00 55.8 $1,026.72
15" Sewer 20' - 16' 644 $38.00 $24,472.00 52.1 $12,749.91
15" Sewer 16' -12' 1067 $32.00 $34,144.00 42.5 $14,511.20
15" Sewer 16' - 12' 396 $32.00 $12,672.00 42.5 $5,385.60
15" Sewer 12' - 8' 290 $25.00 $7,250.00 39.5 $2,863.75
10" Sewer 20' - 16' 432 $31.00 $13,392.00 36.1 $4,834.51
60" Manhole 28' - 24' 1 $3,700.00 $3,700.00 72.3 $2,675.10
60" Manhole 24' - 20' 2 $3,300.00 $6,600.00 63.5 $4,191.00
60" Manhole 20' - 16' 19 $2,800.00 $53,200.00 68.5 $36,442.00
36" Casing 20' - 16' 60 $130.00 $7,800.00 63.5 $4,953.00
Subtotal 7661 LF $465,715.00 $293,943.63
Oversized Sewer Throuah Messina Village #2, Messina Hills #2. Messina Hills #3, and T. L. #2
- -
15" Sewer 24' - 20' 1640 $46.00 $75,440.00 55.8 $42,095.52
15" Sewer 20' - 16' 2631 $38.00 $99,978.00 52.1 $52,088.54
60" Manhole 24' - 20' 9 $3,300.00 $29,700.00 55.8 $16,572.60
60" Manhole 20' - 16' 14 $2,800.00 $39,200.00 52.1 $20,423.20
24" Casing 20' - 16' 120 $124.00 $14,880.00 52.1 $7,752.48
Subtotal 4271 LF $259,198.00 $138,932.34
Oversized Sewer Throuah Messina Villaae #1
-
15" Sewer 20' - 16' 351 $38.00 $13,338.00 52.1 $6,949.10
15" Sewer 16' - 12' 492 $32.00 $15,744.00 42.5 $6,691.20
60" Manhole 20' - 16' 1 $2,800.00 $2,800.00 52.1 $1,458.80
Subtotal 843 LF $31,882.00 $15,099.10
Page 6 of 8
Exhibit B, continued
TUSCANY DEVELOPMENT OVERSIZED SEWER ANALYSIS
Oversized Sewer Throuah Tuscanv lakes #3
-
24" Sewer
24" Sewer
60" Manhole
60" Manhole
Cleanout
Subtotal
TOTAL
Prepared By:
Date:
20' - 18'
22' - 20'
20' - 18'
22' - 20'
22' - 20'
343.7
419.6
2
2
1
763.3
13,538 LF
Matthew Schultz, P.E.
2/9/2006
$62.25
$62.25
$3,645.00
$3,645.00
$1,573.00
IF
$21,395.33 64.6
$26,120.10 65.7
$7,290.00 64.6
$7,290.00 65.7
$1,573.00 65.7
$63,668,43
$820,463.43
Page 7 of 8
$13,821.38
$17,160.91
$4,709.34
$4,789.53
$1,033.46
$41,514.62
$489,489.68
Exhibit "C"
Reimbursement Payment Schedule
Released for Permit 1/1/05 to Permits to be issued
SUBDIVISION Release Date Lots Pre 1/1/05 5/1/06 after 5/1/06
Bellingham #1 not ready yet 52 0 0 52
Bellingham #2 not readv vet 35 0 0 35
Chatsworth 12/15/2005 72 0 38 34
Glacier Sprinas 4/26/2005 51 0 49 2
Kingsbridge not ready yet 53 0 0 53
Kingsbridge not ready yet 50 0 0 50
Messina Meadows not ready yet 310 0 0 310
Messina Hills #1 9/13/2003 60 58 0 0
Messina Hills #2 3/1/2005 86 0 83 3
Messina Hills #3 10/21/2005 91 0 76 15
Messina Village #1 6/24/2004 52 51 1 0
Messina Village #2 6/24/2004 49 41 7 1
Pisa Place not ready yet 16 0 0 16
Roseleaf #1 1/24/2005 54 0 53 1
Roseleaf #2 9/29/2005 40 0 32 8
Sageland 2/4/2005 41 0 38 3
Tuscany Lakes #1 2/2/2004 54 27 26 1
Tuscany Lakes #2 1/4/2006 42 0 35 7
Tuscany Lakes #3 not readv vet 30 0 0 30
Tuscany Village #1 9/17/2004 66 20 46 0
Tuscany Villaae #2 6/9/2005 70 0 68 2
Totals: 1374 197 552
Available portion of sewer assessment fee for
reimbursement: $477.00
*Total Eligible for Reimbursement: $263,304
623
$604.00
$376,292
Tuscany Dev.. Inc. Projects Onlv
Messina, et al 648
Tuscany,etal 262
Total Lots: 910
150
47
197
167
175
342
$163,134
329
40
369
$222,876
Total Reimbursement: $489,490
Immediate Reimbursement: $263,304
Portion from Tusc. Dev. Inc. projects: $163,134
Amount from "other" projects: $100,170
5/1/06 Balance to be Reimbursed (quarterly evaluation): $226,186
* Figure shown indicates total amount of all projected assessment fees available for
reimbursement to applicable sewer projects. Figure does not represent total
reimbursement due to only Tuscany Development. Inc.
Page 8 of 8