HomeMy WebLinkAboutWater Line Late Comers Agreement with Sundance Investment Limited Partnership for Silverstone
WATERLINE LATE COMERS AGREEMENT
FIVE MILE ROAD WATER LINE EXTENSION
SUNDANCE INVESTMENTS LIMITED PARTNERSHIP
This Agreement made and entered into this 8th day of October 2002, by and between
SUNDANCE INVESTMENTS LIMITED PARTNERSHIP, an Idaho Limited Partnership,
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 &om an el;isting 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 smvice 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
Smvice Area is approximately 460.98 acres whicJ1, if developed under the land use density
projections shown on Exhibit "B", which is attached hereto and by this reference incorporated herein as
that on the land not included in the Developer's subdivision, there could be 539. ERU; and
if set forth in full, with land use densities shown on Exhibit "B", there could be 637 equivalent
residential units (ERU) in the 460,9.8 acres; that the Developers subdivision(s) consists of 98 ERU;
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WATER LThlE LATE COMERS AGREEMENT
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WHEREAS, the water line constructed by the Develope.. will benefit land other than only the
land developed by Develo~r, 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 637 ERlJ's; that the
existing developed areas that eventually connect to the water line serviced by the City wiD 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 fUll, and
WHEREAS, the total cost of constructing the said water line bome by the Developer was
$304,743.00; whereas the water line wiII,benefit the Developer's Subdivision(s) which could contain
98 ERlJ's, or 15.4% of the total area to be benefited by the constmctíon of the water line; therefore the
cost to Developer to constTuct 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% of the 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 alate comm fee of$733.90, plus interest, per ERlJ as
shown in Exhibit "C"; and
WHEREAS, Section 9-1-13 of the Water Ordinance provides that the City may enter iuto
water line extension and reimbursement agreements and that section. further provides that water users
who subsequently connect to the extended water líne(s) shall be chaIged an eight (8) inch diameter
water line equivalency fee; said fi:es are in addition to the connectiOIl and user charges normally
assessed a user due to the fàct the user has not contributed to the cost of the extended line; the above
fee is hereafter refeITed to as "Late Comer Fee"; the above ordinance section provides that the late
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WATER LINE LATE COMERS AGREEMENT
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comers Ièe may be used to ~ the person or persons 80 extending the water line(s).
WHEREAS, pursuant to Section 9-1-12 of the Water Ordinance, the City is requìred to
charge a Water Constnlcûon Equìvalency Fee to any person or property owner who has not otherwise
paid for, or contributed proportionately toward the costs and e:q>en8eS of constructìng a water line,
whether that construction has been perfonned 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 requìred to pay an additional connection charge which sball be known and referred to as the "Water
Constructìon Equivalency Fee".
NOW, THBREFORE, IT IS HEREBY AGREED AS FOLLOWS:
l.
The above recitals are cotdIaCtua! and are inCOlpOrated herein as if set fOrth in fun.
2,
That the Developer has paid for engineering, planning and constructìon of the water
line shown ìnExbibit "An, and which will beneJit the land also shown in Exbibit "A".
3.
The DeYeIoper has contributed $304,743.00 to total constnlCÛon costs of the said
water line, ofwhich Developer is entitled to be reimbursed the sum of$257,8S9.46 plus interest, which
represents land that could be served by the MIter line but is not ìncluded in Developer's subdivision.
4.
That for all land in Exhibit "N subsequently connecting to the water üne refen-ed to in
Exhibit "A", except the land in Developer's Subdivìsion(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 "LAlE
COMERS"; that the charge is the water construction equivaJency fee authorized in 9-1-12 and
established by this Agreement, which fee shall herein be referred to as "LATE COMERS FEE"; the tèe
is in addition to any other water charges for connection to the water system; the computation of the
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WATER LJNE LATE COMERS AGREEMENT
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Late Comers Fee is shown on Exhibit "C" attached hereto and by this reference incorporated herein.
s.
That all the late comer fees assessed above in Paragraph 4 shall be set aside and
deposited to II special account to be designated the "FIVE MILE ROAD WATER LINE
EXTENSION (SVNDANCE) PROJECT REIMBURSEMENT ACCOUNT" and shall reBect
interest at a rate of6% 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 MB...E ROAD
WATER LINE EXTENSION PROJECI' (SUNDANCE) REIMBURSEMENT ACCOUNT,
shall increase at a rate of6% per annum as shown in Table I of Exhibit "C".
7.
That the late comer fees shall be collected by the City fium all users subsequently
connecting to the water line shown in Exhibit "A" for the land also shown in Exhibit "A", except the
land in Developer's Subdivision.
8.
That the City shall charge the FIVE MILE ROAD WATER LINE EXTENSION
(StJM)ANCJJ:) PROJECf REIMBURSEMENT ACCOUNT the 5% fee authorized by 9-1-13.
9.
That the City sha1l have prepared on an annual basis an audì! of all funds collected
pursuant to this Agreement, which audit shall coincide with the general audit of the City; that the cost
of this audìt shall be paid by the City as part of its administrative costs.
10.
It is ~ that the water line(s) refurenced in Exhibit "A" is the property of the City
and shalI henceforth be maintained by the City at its sole cost and expense.
11
The term oftlùs Agreement shall be until Developer has been reimbursed the principal
sum of $232,328.82., plus interest, as determined in Paragraph 6, less the 5% administrative fee or, if ~'" ,~,\\,ltI", ,,' , '
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this is not achieved, for a period often (10) years or, until such time tbe water line described herein is
abandoned.
If the Developer has not been reimbursed the principal sum plus interest less
administrative fues after ten (10) years trom the date of this Agreement, the Agrem1etlt 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 fuune. If the City does not amend this ordinance, then this
agreement shall have a ten year Iifè span.
12.
This Agreement shaI1 be binding on the assigns and successors of the parties hereto.
DATEDthis8~dayof ßc.-tobt/
,2002.
BY:
ATŒST:
~OO_L<N
Jii)~;
OBERT D. CORRIE, MAYOR
~4.~
WILLIAM G. BERG, JR, I CLERK
(tJ-/5" -() 2--
SUNDANCE INVESTMENTS LIMITED PARTNERSHIP
By
~ Ql-
Anderson, Vice President of
Sundanœ Company, an authorized agent
of Sundance Investments Limited Partnership
(COlporate seal)
WATER LJNE LATE COMERS AGREEMENT
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STATE OF IDAHO,)
: ss.
County of Ada, )
On this ~~ of ~, 2002, before me. the undersigned, a Notwy Public Ù1
and for said State, personally appeared ROBERT D. CORRJE and WnUAM G. BERG, JR., known
to me to be the Mayor and City Clerk of the COY OF MERII)IAN, Idaho, and who executed the
within instrument:, and acknowledged to me that the CITY OF MERIDIAN executed the same.
IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed my official seal the day
and year first above written.
SEAL
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2~MÓÌ\I~nÜ=lf, )
NOTARY PUBLIC F~R ID~,O ,", ~
RESIDING AT d()(. u.u~1
MY COMMISSION EXP1RES - -
STATE OF IDAHO,)
County of Ada, )
: ss.
On this fi day of Ct"' -0\<. ~ v, 2002, befure me, the undersigned, a Notwy Public in and
for said State, personally appeared Ryan Anderson, known to me to be the President of THE
SUNDANCE INVESTMENTS LIMlTED PARTNERSHIP, and who executed the within
iDstrument 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 LATECOMERS AGREEMENT
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Sundance Investments Limited Partnership
Latecomer's Agreement
Exhibit "A"
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Latecomer's Area
N
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1000
2000
3000
4000 Feet
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Surdanee 'nveslments LI_d Partne"hip , Water Latecomer Agreement
SILVERSTONE SVBDlVIS'ON WATER LATECOMER ERV CALCVLAT'ONS
Developer Sundanee Development Co.
Running Count
Parcels from Ada County GIS Mapping ERV's Projected Projected Total Likely '0 Oeve'op of Parcels Likely
Prim owner Acrea eLand Use eracre ERU's Latecomer Pa ment Withi" 10 Yea,,? To Develop
DEVELOPER'S PARCELS
SUNDANCE INVESTMENTS LlM'TED PARTNERSHIP 58.59 MV 1,14 67
SUNDANCE INVESTMENTS LIMITED PARTNERSHIP 19.42: MV 1.14 , "
SUNDANCE INVESTMENTS LIMITED PARTNERSHIP 7.83' MU 1.14 9
83.57 MU 1,14 95 $66400 Y 95
67.81 MU I 1.14 77 $53,819 Y 172
52.62 MU 1.14 60 $41,937 Y 232
32.90 MU 1,14 38 $26,560 Y 270
16.17 MU 1.14 18 $12.581 Y 288
12.30 MU 1,14 14 $9.785 Y 302
10.91 RES 2,8 31 $21,668 Y 333
10.24 MU 1.14 12 $8.367 Y 345
10.01 MU 1,14 11 $7,686 Y 356
9.91 MU 1.14 11 $7,688 356
9,90 RES 2.8 28 $19571 Y 384
9.77 RES 2.8 27 $18,872 Y 411
9.40 RES 2,8 26 $18,173 411
7.81 RES 2.8 " $15.377 433
4.44 RES 2.8 12 $8,387 433
4,19 RES 2,8 12 $8,387 433
2.98 MU 1,14 3 $2,097 Y 436
2.89 o o $0 436
2.02 RES 2,8 B $4,194 436
" .66 RES 2.8 5 $3,495 436
1.76 RES 2.8 5 $3.495 436
1.67 RES 2,8 5 $3.495 436
1.63 RES 2.8 5 $3495 436
1,45 RES 2,8 4 $2,796 436
1.01 RES 2.8 3 $2,097 436
1,00 RES 2.8 , 3 $2,097 436
VAN AUKER RONALD W 1.00 RES 2.8 1 $699 436
BEITZ LEONARa 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 2.8 1 $699 436
SWEET JAMES EDWARD JR' JOY 0.60 I RES 2,8 1 $699 436
SWEET JAMES E JR' JOY L 0.43 RES 2.8 1 $699 436
OVERLAND WAY HOA INC 0.08 o 0 $0 436
OVERLAND WAYHOA 'NC 0.03 0 o $0 436
460.98 Acres 837 ERU's ERU's Uke'y to develop, 436
Total Projected ERV'" 637
% Likely", deve'opw¡;n 10 y", 68%
. Denotes portion wllhin 'atacomers area
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sI'versione H2O LC.1 0.8.02.xl,
10/812002
"EXHIBIT C"
SUNDANCE INVESTMENTS L.P.
SILVERSTONE WATERLINE LATE COMERS' AGREEMENT
FEE COMPUTATIONS
AREA DETERMINATION:
Total Service Area =
460,98 Gross Acres
Latecomers Area = Total Service Area - Developer's Area
TOTAL SER VICE AREA PROJECTED ERU's: I
637
DEVELOPER'S AREA PROJECTED ERU's: I
98
LATE COMER'S PROJECTED ERU's: I
539
FEE COMPUTATION:
DEVELOPER'S CONTRIBUTION:
$
304,743,00 Verified tram Billings
PORTION ATTRIBUTABLE TO DEVELOPER'S SUBDIVISION:
15.4% x $304,743.00 $46,883.54
%OF
TOTAL
100,0
%OF
TOTAL
15.4
%OF
TOTAL
84.6
PORTION OF DEVELOPER'S CONTRIBUTION ELIGIBLE FOR REIMBURSEMENT:
Total Service Area (100%) - Developer's Percentage = Percentage Eligible = 84.6%
84.6%
$
304,743.00
$257,859.46
x
LATE COMER FORMULA:
(Eligible ReimbursementlLate Comer's Service AreaERU's = Late Comer Fee per ERU)
$ 257,859,46 $478.40
539.00
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REIMB URSEMENT BASIS:
Assume payback period often years and an overall growth rate of
within the Late Comer area over that ten years. The Adjusted Late Comer
fee per ERU =
68%
$ 478.40
68%
$698.95
ADMINISTRATIVE FEE:
An administrative fee will be added to the latecomer fee to cover costs to the
Latecomer Fee wi City Administration Cost:
$698.95 x 5%
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 I st, at an annual percentage rate of 6%
The latecomer fees shall be:
Effective Date Latecomer Fee per ERU
October I, 2002 $733.90
October I, 2003 $ 777.93
October I, 2004 $ 824.61
October 1,2005 $ 874.09
October I, 2006 $ 926.53
October I, 2007 $ 982.12
October I, 2008 $ 1,041.05
October I, 2009 $ 1,103.51
October 1, 2010 $ 1,169.72
October 1, 2011 $ 1,239.91
Table!
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Meridian City Council Meetina
October 15. 2002
The Regular Meeting of the Meridian City Council was called to order at 7:00 P.M. on
Tuesday, October 15, 2002, by Mayor Robert D. Corrie.
Members Present: Mayor Robert Corrie, Tammy de Weerd, Keith Bird, Cherie
McCandless, and William Nary.
Others Present: Bill Nichols, Brad Hawkins-Clark, Gary Smith, Brad Watson, Ken
Bowers, Dean Willis, and Will Berg.
Item 1.
Roll-call Attendance:
~ Tammy de Weerd ~ Bill Nary
~ Cherie McCandless ~ Keith Bird
~ Mayor Robert Corrie
Corrie: All right. I'm going to open the Meridian City Council Regular Meeting on
Tuesday, October 15, 2002, at 7:00 P.M. Would you, please, have roll call attendance,
please, Mr. Clerk?
Item 2:
Adoption of the Agenda:
Corrie: Okay. Item Number 2 is the Adoption of the Agenda. Council, any additions, or
corrections to the agenda?
Bird: I have none.
Corrie: Okay. Hearing none, I'll entertain a motion to adopt the agenda as written.
Bird: Mr. Mayor?
Corrie: Mr. Bird.
Bird: I would move that we adopt the agenda as published.
McCandless: Second,
Corrie: Okay. Motion has been made and seconded to adopt the agenda as published.
Any further discussion? Hearing none, all those in favor of the motion say aye. All
ayes. Motion carried.
MOTION CARRIED: ALL AYES
Item 3.
Consent Agenda:
A.
Approve minutes of October 1, 2002 City Council Regular Meeting:
Mertdian City Council
October 15, 2002
Page2of41
B.
C.
D.
E.
F.
G.
Findings of Fact and Conclusions of Law: MI 02-008 Request
for approval to construct a temporary private road for the
construction of Phase 1 of Fairview Lakes by Hopkins Financial
Services, Inc. - 824 East Fairview Avenue:
Findings of Fact and Conclusions of Law: RZ 02.002 Request
for a rezone of 1.52 acres from R-4 to L-O zones for the Holv
Nativitv Episcopal Church by the Holy Nativity Episcopal Church
-1021 West 8th Street:
Findings of Fact and Conclusions of Law: AZ 02-017 Request
for annexation and zoning of 5.41 acres from M-1 to I-L zones for
Ronald Yanke property by Ronald Yanke and Walter T. Sigmont
Jr. - northwest corner of East Franklin Road and North Eagle Road
on East Lanark Street:
Findings of Fact and Conclusions of Law: AZ 02-018 Request
for annexation and zoning of 5 acres from RUT to L-O zones for
Bair Property Annexation by Donn Reiswig - 3975 East Franklin
Road:
Development Agreement: AZ 01-009 Request for annexation
and zoning of 8.15 acres from RUT to R-4 zones for proposed
Staten Park Subdivision by CMD, Inc. - southeast corner of North
Black Cat Road and West Ustick Road:
Agreement for Services with MD Willis, Inc.:
H.
Approve New Beer and Liquor License Applications for
Goodwood Barbecue -1140 N. Eagle Road:
I.
Approve Beer License Transfer and New Liquor License
Application for Tequila Grill Restaurante by David Samuelson
- 2031 E. Fairview Avenue, Suite 103:
J.
Silverstone Subdivision Water Latecomer Agreement -
Sundance Development Company:
K.
Sale and Purchase Agreement, Permanent Slope Agreement,
Temporary Construction Easement, and Addendum to
Temporary Construction Easement for the Overland Road
Rebuild Project - Ada County Highway District:
Corrie: The next item is the Consent Agenda.
Bird: Mr. Mayor?
Corrie: Mr. Bird.
Meridian City Councii
October 15. 2002
Page3of41
Bird: I would move that we approve the Consent Agenda as noted and for the Mayor to
sign and the Clerk to attest on all contracts and papers necessary to be signed.
De Weerd: Second.
Corrie: Okay. Motion has been made and seconded to approve the items on the
Consent Agenda, A through K. Any further discussion? Hearing none, roll call vote, Mr.
Berg.
Roll call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye.
Corrie: Okay. All ayes motion is approved.
MOTION CARRIED: ALL AYES
Item 4.
Department Reports:
Corrie: The next item is Department Reports. Any Department Reports at this time?
Item 5.
(Items Moved from Consent Agenda)
Corrie: All right. Item Number 5 is items moved from the Consent Agenda. There are
no items moved.
Item 6.
Ordinance Number : AZ 01-009 Request for
annexation and zoning of 8.15 acres from RUT to R-4 zones for proposed
Staten Park Subdivision by CMD, Inc. - southeast corner of North Black
Cat Road and West Ustick Road:
Corrie: So Item 6 is an ordinance. Can you give me the number of that, Mr. Berg?
Berg: Sorry I wasn't prepared, Mr. Mayor. It's Ordinance Number 02-979.
Corrie: All right. Ordinance Number 02-979, request for annexation and zoning of 8.15
acres from RUT to R-4 zones for proposed Staten Park Subdivision by CMD, Inc.,
southeast corner of Black Cat Road and West Ustick Road. At this time I would like to
have, the City Clerk read Ordinance Number 02-979 by title only, please.
Berg: Thank you. Mr. Mayor, Members of the Council Ordinance Number 02-979. An
Ordinance finding that certain land to be known as Staten Park Subdivision, the location
of which lies contiguous or adjacent to the city limits of the City of Meridian, County of
Ada, State of Idaho, and finding that the owner Cap Co, Inc., an Idaho corporation, has
made a request for annexation in writing to the Council, that said land be annexed to the
City of Meridian and zoning designated Low Density Residential District (R-4) and
declaring that said land by proper legal description as described below be a part of the
City of Meridian, County of Ada, State of Idaho, repealing all ordinances, resolutions,
orders, or parts thereof in conflict herewith and directing the city engineer to add said
property to the official map of the City of Meridian, Idaho, and directing the clerk of the
City of Meridian to file a certified copy of the ordinance and map of the area to be