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HomeMy WebLinkAboutWater Line Late Comers Agreement,. =,~ ~~~. 202 t~~ Z'~ "~~~ 1 i ~ 30 REC~RCED- ~ E'iE;EST .~'. nr ~T•,' 102033670 WATER LINE LATE COMERS AGREEMENT BEDFORD PLACE SUBDIVISION No. 1 and No. 4 This Agreement made and entered into this ~~ day of !~~ Grua h 200, by and between THE BRIGHTON CORPORATION, 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 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 north of Ustick Road and east of Meridian Road, as shown in "Exhibit A", which water line is able to provide service to land north and south of Ustick 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 74.7 acres, of which the Developer's Area is approximately 40 acres or 53.6% of the Total Service Area as shown in Exhibit "A" which is attached hereto and by this reference incorporated as if set forth in full.; and WHEREAS, the water line constructed by the Developer will benefit land other than only the WATER LINE LATE COMERS AGREEMENT Page - I of 6 land developed by Developer; that the land that can be served by the said water line is shown in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full; that the developable land that can be served by the water line totals approximately 74.7 acres; 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 not included in the Developer's subdivision would be developed in ten years, the term that a late comers Agreement is allowed to run, and WI~REAS, the total cost of constructing the said water line borne by' the Developer was $38,868.00; whereas the water line will benefit Bedford Place 1 and 4 Subdivision which contains 40 acres, or 53.6% 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 would be $20,819.93; that by subtracting this amount as the total Developer's cost share, the total cost to all late comers is $18,048.07; and then dividing by 50% of the remaining number of acres that could be served by the water line, there should be a late comers fee of $1041.00, plus interest, per acre as shown in Exhibit "B"' and WI~REAS, Section 9-1-13 of the Water Ordinance provides that the City may enter into water line extension and reimbursement agreements and that section fiuther provides that water users who subsequently connect to the extended water line(s) shall be charged a ten (10) 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 maybe used to reimburse the person or persons so extending the water line(s). WATER LINE LATE COMERS AGREEMENT Page - 2 of 6 WHEREAS, pursuant to 9-1-12, 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 shown in Exhibit "A", and which will benefit the land also shown in Exhibit "A". 3. The Developer has contributed $38,868.00 to total construction costs of the said water line, of which Developer is entitled to be reimbursed the sum of $18,048.07 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 "A", except the land in Bedford Place 1 and 4 Subdivision, the City will charge the sum of $1041.00 plus interest, per acre as shown in Exhibit "B"; 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 "B" attached hereto and by this reference incorporated herein. WATER LINE LATE COMERS AGR:I~MENT Page - 3 of 6 s 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 "BEDFORD PLACE 1 AND 4 WATER PROJECT REIMBURSEMENT ACCOUNT" and shall reflect interest at a rate of 4% 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 BEDFORD PLACE 1 AND 4 WATER PROJECT REIlVIBURSEMENT ACCOUNT, shall increase at a rate of 4% per annum as shown in Table I of Exhibit "B". 7. That the late comer fees shall be collected by the City from all users subsequently connecting to the line shown in Exhibit "A" for the land also shown in Exhibit "A", except the land in Bedford Place 1 and 4 Subdivision. 8. That the City shall charge the BEDFORD PLACE 1 AND 4 WATER PROJECT REIMBURSEMENT ACCOUNT the 10% administrative charge as authorized under 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) referenced 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 $18,048.07, plus inrterest, as determined in Paragraph 6, less the 10% administrative fee or, if this is not achieved, for a period often (10) years or, until such time the water line described herein is WATER LINE LATE COMERS AGREEMENT Page - 4 of 6 • 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. fi DATED this ~ day of ~ r'7Cdi1. G , 200~1.~' BY: ,,,,,,,.., . C F MERIDIAN ~. ~~:.:~ \ ~,, ti ~ `~ ~ T D. CORRIE, MAYOR ~~ ~ _ ATTEST: ~~ ~~y ,~~ _ ~ ~' WILLIAM G. BERG, JR., I CLERK .. .. ~<. ,r~'' ~ Approved By City Council: ~ ~~ 9~~ N~~a,.,. THE BRIGHTON CORPORATION ~'~~,~plZ CO~op I~ti GDAIO~,! X1,1 ~' r °4 • O ~~ ~ ~ ~ ~) +- ~~~OFiD~~ By David W. Turnbull, President WATER LINE LATE COMERS AGR:F'sEMENT Page - 5 of 6 i STATE OF IDAHO,) County of Ada, ) ss. ~~~ On this ~ day of `~ ~~ ~~, ~'i,Gh-~ , 200 ~ before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE 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 WI~REOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ~~.^~•a• O ~ S1L~!• .cq, ~'~ ,~,`,~,~ SEAL ~ ~ ^ C ~~ j,-~BLZ.~i~~ ••..... STATE OF IDAHO,) ~~a.n~~»~~~~ NOTARY PUBLIC FO~,~~~AHO RESIDING AT ~dG(.~:t_ C~G~~~ ~~~~ MY COMMISSION EXPIRES ©~{- Z g-o5 ss. County of Ada, ) ~~ OOi~ On this~day o efore me, the undersigned, a Notary Public in and for said State, personally appeared DA W. TURNBULL, known to me to be the President of THE BRIGHTON CORPORATIO ,and who executed the within instrument on behalf of said corporation, and acknowledged to me that said corporation executed the same. IN WITNESS WI~REOF, I have hereunto set my and year first above written. ACA A. $ * ~°° AUBB.tiG ~~j~,~~T ~~o fey. ~ OP 19 NOTARY PU'B IC RESIDING AT~ MY COMMISSION affixed my official seal the day ~~ ~„_ WATER LINE LATE COMERS AGREEMENT Page - 6 of 6 B~IfoM Place Su6divis~n Water Latecomers Agreement Exhibit "A" 12-inch Water Main Service Area 400 0 400 N W E S 800 1200 1600 Feet i " II B • BEDFORD PLACE 1 and 4 WATER LINE LATE COMERS' AGREEMENT FEE COMPUTATIONS AREA DETERMINATION: Total Service Area =Gross Area - Existing Road/Street Right-Of--Way EXISTIlVG ROAD/STREET RIGHT-OF-WAY (R/ W) Ustick Road R/W 96 feet wide by 1320 long = Weaver Interior streets R/W 50 feet wide by 1669 long = Total Service Area = 79.50 Gross Acres -4.83 R/W = Latecomers Area =Total Service Area -Developer's Area TOTAL SERVICE AREA: DEVELOPER'S AREA: LATE COMER'S AREA 2.91 acres 1.92 acres Total 74.67 acres OF ACREAGE TOTAL 74.67 100.0 OF ACREAGE TOTAL 40.00 53.6 OF ACREAGE TOTAL 34.67 46.4 4.83 Page 1 FEE COMPUTATION: • DEVELOPER'S CONTRIBUTION.• $ 38,868.00 Verified from Billings PORTION ATTRIBUTABLE TO DEVELOPER'S SUBDIVISION.• 53.6% x $ 38,868.00 = $20,819.93 PORTION OF DEVELOPER'S CONTR~UTION ELIGIBLE FOR REIMBURSEMENT.• Total Service Area (100%) -Developer's Percentage =Percentage Eligible = 46.4% 46.4% x $ 38,868.00 = $18,048.07 LATE COMER FORMULA: (Eligible Reimbursement/Late Comer's Service Area =Late Comer Fee per Acre) $ 18,048.07 = $520.50 34.67 REIMBURSEMENT BASIS: Assume payback period of ten years and an overall growth rate of 50% within the Late Comer area over that ten years. The Adjusted Late Comer fee per acre = $520.50 = $ 1,041.00 50% 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 4% The latecomer fees shall be: Effective Date Latecomer Fee er Acre October 1, 2001 $ 1,041.00 October 1, 2002 $ 1,082.64 October 1, 2003 $ 1,125.94 October 1, 2004 $ 1,170.98 October 1, 2005 $ 1,217.82 October 1, 2006 $ 1,266.53 October 1 2007 $ 1,317.19 October 1, 2008 $ 1,369.88 October 1 2009 $ 1,424.68 October 1 2010 $ 1,481.66 Table I Page 2