HomeMy WebLinkAboutWater Line Late Comer Agreement with Sundance Limited Liability Partnership for Overland Eagle Rd
ADA COUNTY RECORDER J. DAVID NAVARRO
BOISE IDAHO 02121/03 01:17 PM
DEPUTY Joanne Hooper 11111111111\1
RECORDED-REQUEST OF 111\11111111111111111111
MERIDIAN CITY 103029054
AMOUNT .00
11
This Sheet has been added to the document to
accommodate recording information.
Amended Sewer Latecomers Agreement
Overland & Eagle Water Line Extension
Sundance Investments Limited Partnership
This amended version to replace previously
recorded agreement (inst # 102125184) titled Five
Mile Water Line Extension. Amended due to
incorrect figures.
AMRNllF:n WATF,R f,lNR J,ATF. COMERS AGRF.F:MENT{pRIVATE}
FIVE MILE ROAD OVERT,,4 ND & RAGT ,]f, ROAn WATER LINE EXTENSION
SUNDANCE INVESTMENTS LIMITED PARTNERSHIP
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This Agreement made and entered into this li day of ;t (\A ....... 7 20021, by and between
SUNDANCE INVESTMENTS LIMITED PARTNERSHIP, an Idaho Limited Partnership,
lOk
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hereafter referred to as "Developer", and the CITY OF MERIDIAN, hereafter referred to as "City"
WITNESSETH:
WHEREAS, the City limits extend east of Eagle 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 water line from an existing water line to an area east
and west of Eagle Road and south of Overland Road, as shown in "Exhibit A!', which water line is
able to provide service to land north and south of Overland Road to the land shown in Exhibit "A"
which is attached hereto and by this reference incorporated as if set forth in full~ that the Total
Service Area is approximately 460.98 acres which, if developed under the land use density
projections shown on Exhibit liB II, which is attached hereto and by this reference incorporated herein as
if set forth in full, with land use densities shown on Exhibit liB", there could be 637 equivalent
residential units (ERU) in the 460.98 acres; that the Developers subdivision(s) consists of 98 ERU;
that on the land not included in the Developer's subdivision, there could be 539 ERU; and
WATER LINE LATE COJ\1ERS AGREEJ\1ENT
Page - 1 ofl
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 is shown in Exhibit
nAn; that the developable land that can be served by the water line could contain 637 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 68% of the land not included in the Developer's subdivision
would be developed in ten years, the tenn a late comers Agreement is allowed to run, and
WHEREAS, the total cost of constructing the said water line bome by the Developer was
$304,743.00; whereas the water line will benefit the Developer's Subdivision(s) which could contain
98 ERU's, or 15.4% of the total area to be benefited by the construction of the water line; therefore the
cost to Developer to construct the water line to his own subdivision(s) would be $46,883.54; that by
subtracting this amount as the total Developer's cost share, the total cost to all late comers is
$257,859.46; and then dividing by 68% ofthe remaining number ofERU's that could be served by the
water line; and then adding a 5% administration fee to be included with each Late Comer payment
(City Code Section 9~1-13), there should be a late comers fee of $733.90, plus interest, per ERU as
shown in Exhibit "C"; and
WHEREAS, Section 9-1-13 of the Water Ordinance provides that the City may enter 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 nonnaUy
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 I1Late Comer Feen; the above ordinance section provides that the late
WATER LINE LATE CONfERS AGREEMENT
Page 2 of6
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 petfonned 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 UWater
Construction Equivalency Feel!,
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
tine shown in Exhibit l! A", and which will benefit the land also shown in Exhibit U AU.
3. The Developer has contributed $304,743.00 to total construction costs of the said
water line, of which Developer is entitled to be reimbursed the sum of $257,859.46 plus interest, which
represents land that could be served by the water line but is not included in Developer's subdivision.
4, That for all land in Exhibit "A" subsequently connecting to the water line referred to in
Exhibit UN', except the land in Developer's Subdivision(s), the City will charge the sum of $733.90
plus interest, per ERU as shown in Exhibit "C"; such users shall hereafter be referred to as uLATE
COMERS 11; 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 uLATE COMERS FEEu; the fee
is in addition to any other water charges for connection to the water system; the computation of the
WATER LINE LATE COMERS AGREEMENT
Page 3 of6
Late Comers Fee is shown on Exhibit lie' attached hereto and by this reference incorporated herein.
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 tlFIVE MILE ROAD WATER LINE
EXTENSION (SUNDANCE) PROJECT REIMBURSEMENT ACCOUNTII 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 FIVE MILE ROAD
WATER LINE EXTENSION PROJECT (SUNDANCE) REIMBURSEMENT ACCOUNT,
shall increase 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 subsequently
connecting to the water line shown in Exhibit UN' for the land also shown in Exhibit IIAn, except the
land in Developer's Subdivision.
8. That the City shall charge the FIVE MILE ROAD WATER LINE EXTENSION
(SUNDANCE) PROJECT 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
oftms audit shall be paid by the City as part of its administrative costs.
10. It is agreed that the water line(s) referenced in Exhibit "N' 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 $251,.&5.9.,46_______232;-3'2&1l2-.-, plus interest, as determined in Paragraph 6, less the 5% I ~
WATER LINE LATE COl\1ERS AGREEl\1ENT
Page 4 of6
administrative fee 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 plus
interest less administrative fees after ten (10) years from the date of this Agreement, the 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.
12. This Agreement shall be binding on the assigns and successors of the parties hereto.
DATED this 2.8" day of '1 tl..t>r.......7
, 2003..2.
I~
BY:
ATTEST:
SUNDANCE INVESTMENTS LIMITED PARTNERSHIP
By
an Anderson, Vice President of
The Sundance Company, an authorized agent
of Sundance Investments Limited Partnership
(corporate seal)
WATER LINE LATE COMERS AGREEMENT
Page 5 of6
STATE OF IDAHO,)
: ss.
County of Ada, )
-{;i-- .
On this Ir day of 'Ftb'ru~ ' 2003..2, before me, the undersigned, a Notary Public
in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR"
mown to me to be the Mayor and City Clerk of the CITY OF MERIDIAN, Idaho, and who
executed the ~thin instrument, and acknowledged to me that the CITY 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
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NOTARYPUBLICfORIDAHO . hit /
RESIDING AT ffdaCt)f/v~ c ai?J
MY COMMISSION EXPIRES 1-z.-i -tJq)
STATE OF IDAHO,)
ss.
County of Ada,)
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On this h day of ;Sc-''"'.,...''-~ ' 2001-2, before me, the undersigned, a Notary Public in and ""t-
for said State, personally appeared Ryan Anderson, mown to me to be the PresIdent of THE
SUNDANCE INVESTMENTS LIMITED PARTNERSHIP, and who executed the ~thin
instrument on behalf of said Limited Partnership, and acknowledged to me that said Limited
Partnership 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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WATER LINE LATE COMERS AGREEMENT
Page 6 of6
Sundance Investments Limited Partnership
Latecomer's Agreement
Exhibit "A"
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Latecomer's Area
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2000
3000
4000 Feet
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Sundance Investments Limited Partnership - Water Latecomer Agreement
SILVERSTONE SUBDIVISION WATER LATECOMER ERU CALCULATIONS
Developer. Sundance Development Co.
GRIFFIN JAMES F 83.57 MU 1.14 95 $66,400 Y 95
KEPUS CHRISTOPHER J & KATHLEEN M 67.81 MU 1.14 77 $53,819 Y 172
IDAHO ELKS REHAB HOSPITAL INC 52.62 MU 1.14 60 $41,937 Y 232
VAN AUKER RONALD W 32.90 MU 1.14 38 $26,560 Y 270
VAN AUKER RONALD W 16.17 MU 1.14 18 $12,581 Y 288
KENAI PARTNERS LLC 12.30 MU 1.14 14 $9,785 Y 302
RACKHAMLLC 10.91 RES 2.8 31 $21,668 Y 333
SUTHERLAND FARM, INC. 10.24 MU 1.14 12 $8,3$7 Y 345
KENAIPARTNERSLLC 10.01 MU 1.14 11 $7,688 Y 356
COULTER KENNETH D & CONNIE 9.91 MU 1.14 11 $7,688 356
TERTELlNG COMPANY INC 9.90 RES 2.8 28 $19,571 Y 384
KEPUS CHRISTOPHER J & KATHLEEN M 9.77 RES 2.8 27 $18.872 Y 411
SPOFFORD CONNIE L & PHILIP W 9.40 RES 2.8 26 $18.173 411
KENAI PARTNERS LLC 7.81 RES 2.8 22 $15,377 Y 433
RACKHAM LAWRENCE H & J'DEANNE F TRUST 4.44 RES 2.8 12 $8,387 433
RACKHAM L L C 4.19 RES 2.8 12 $8,387 433
VAN AUKER RONALD W 2.98 MU 1.14 3 $2,097 Y 436
ADA COUNTY HIGHWAY DISTRICT 2.89 0 0 $0 436
ADAMS WILLIAM B & IRENE F 2.02 RES 2.8 6 $4,194 436
HUTT DONALD 0 & KARYN MAR IE 1.86 RES 2.8 5 $3,495 436
TIBBETTS JERRY L & CAMILE A 1.76 RES 2.6 5 $3,495 436
COLUMBIA INVESTMENT LLC 1.67 RES 2.8 5 $3,495 436
BARTON LEWIS E & MARY ANN 1.63 RES 2.8 5 $3,495 436
COLUMBIA INVESTMENTS LLC 1.45 RES 2.8 4 $2,796 436
GREEN ROBERT W & ELlZABA TH A 1.01 RES 2.8 3 $2.097 436
KELLER LANCE 1.00 RES 2.8 3 $2.097 436
VAN AUKER RONALD W 1.00 RES 2.8 1 $699 436
BEITZ LEONARD F & NANCY H 1.00 RES 2.8 1 $699 436
KELLER LANCE H 0.99 RES 2.8 1 $699 436
FAZENBAKER GARY L & DEBRA G 0.79 RES 2.6 1 $699 436
SWEET JAMES EDWARD JR & JOY 0.60 RES 2.6 1 $699 436
SWEET JAMES E JR & JOY L 0.43 RES 2.8 1 $699 436
OVERLAND WAY HOA INC 0.08 0 0 $0 436
OVERLAND WAY HOA INC 0.03 0 0 $0 436
Parcels from Ada County GIS Mapping
Primowner
DEVELOPER'S PARCELS
ISUNOANCE INVESTMENTS WAITED PARTNERSHIP
ISUNDANCE INVESTMENTS L1~1lTED PARTNERSHIP
ISUNDANCE INVESTMENTS LIMITED PARTNERSHIP
LATECOMER PARCELS
ERU's
Acreage Land Use per acre
58.59 I MU I 1.14 I
19.42 I MU I 1.14 I
7.83 T MU I 1.14
460.98 Acres
. Denotes portion within latecomers area
Page 1
silverstone H20 LC.10-8-02
Projected
ERU's
67 j
22 I
9
637 ERU's
Projected Total
Latecomer Payment
Likely to Develop
Within 10 Years?
Running Count
of Parcels Likely
To Develop
I
I
I I
ERlJ's likely to develop:
Total Projected ERU's:
% Likely to develop w/!n 10 Yrs:
436
637
68%
112712003
"EXHIBIT Cn
SUNDANCE INVESTMENTS L.P.
SILVERSTONE WATER LINE LATE COMERS' AGREEMENT
FEE COMPUTATIONS
AREA DETERMINATION:
Total Service Area =
460.98 Gross Acres
Latecomers Area = Total Service Area - Developer's Area
TOTAL SERVICE AREA PROJECTED ERa's: I
637
%OF
TOTAL
100.0
DEVELOPER'S AREA PROJECTED ERU's: I
98
%OF
TOTAL
15.4
LATE COMER'S PROJECTED ERU's: I
539
%OF
TOTAL
84.6
FEE COMPUTATION:
DEVELOPER'S CONTRIBUTION:
$
304,743.00 Verified from Billings
PORTION ATTRIBUTABLE TO DEVELOPER'S SUBDIVISION:
15.4% x $304,743,00 = $46,883.54
PORTION OF DEVELOPER'S CONTRIBUTION ELIGIBLE FOR REIMBURSEMENT:
Total Service Area (100%) - Developer's Percentage = Percentage Eligible = 84.6%
84.6% x $ 304,743.00
=
$257,859.46
LATE COMER FORMULA:
(Eligible ReimbursementILate Comer's Service AreaERU's = Late Comer Fee per ERU)
$ 257,859.46 = $478.40
539.00
REIMBURSEMENT BASIS:
Assume payback period often years and an overall growth rate of 68%
within the Late Comer area over that ten years. The Adjusted Late Comer
fee per ERU =
$ 478.40
68%
=
$698.95
ADMINISTRATIVE FEE:
An administrative fee will be added to the latecomer fee to cover costs to the 5%
Latecomer Fee w/ City Administration Cost:
$698.95 x 5% = $733,90
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:
Effective Date Latecomer Fee per ERU
October 1, 2002 $733.90
October 1, 2003 $777.93
October 1, 2004 $824.61
October 1, 2005 $874.09
October 1, 2006 $926.53
October 1, 2007 $982.12
October 1, 2008 $1,041.05
October 1, 2009 $1,103.51
October 1, 2010 $1,169.72
October 1, 2011 $1,239.91
Table I