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HomeMy WebLinkAboutLate Comers Agreement with Sundance Investments Limited Partnership for Overland & Eagle Rdl- ADA COUNTY RECORDER J. DAVID NAVARRO 11 801SE IDAHO 02J21I03 01:17 PM DEPUTY Joanne Hooper RECORDED-REQUEST OF III IIIIIIIIIIIIIIIIIIIIIIIIIIII III III MERIDIAN CITY 1 ~~~2'3~54 AMOUNT .00 __ - - _.- 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. y' ~ ~ AMF.NDF.n WATER >(.>fNF. T.ATF. C'.nMF.R~ A(~RF.FMF,NT{pRIVATE } VF;Ri,ANn Rz F.AGT.F, RnAn WATER LINE EXTENSION ~4-- SUNDANCE INVESTMENTS LIMITED PARTNERSHIP This Agreement made and entered into this ~ day of ~~- w~ 20023, by and between I ~k 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 from an existing water line to an azea 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 faith in full; that the Total Service Area is approximately 460.98 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 full, with land use densities shown on Exhibit "B", there could be 637 equivalent residential units (ER[J) 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 COMERS AGREEMENT Page - 1 of 1 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 "A"; 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 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 $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 constnict 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 of ERU'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 BRU 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 normally assessed a user due to the fact the user has not contributed to the cost of the extended tine; the above fee is hereafter referred to as "Late Comer Fee"; the above ordinance section provides that the late WATER LIlVE LATE COMERS AGREEMENT Page 2 of 6 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 subsequernly desires to connect to the City water. system, shall be required to pay an additional connection chazge 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 aze cornractual and aze 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 $304,743.00 to total construction costs of the said water line, ofwhich Developer is entitled to be reimbursed the sum of $257,859.4b 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 Developer's Subdivision(s), the City will chazge the sum of $733.90 plus interest, 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 WATER LINE LATE COMERS AGREEMENT Page 3 of 6 Late Comers Fee is shown on Exhibit "C" 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 "FIVE MILE ROAD WATER LINE EXTENSION (SUNDANCE) PROJECT REIMBURSEMENT ACCOUNT" 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) REIlVIBURSEMENT 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 "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 (SUNDANCE) PROJECT REIlVIBURSEMENT 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) 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 $2S?,HS4.4~-_-__33~,-3~$~-:, plus interest, as determined in Paragraph 6, less the 5% I4~ WATER LINE LATE COMERS AGREEMENT Page 4 of 6 administrative fee or, if this is not achieved, for a period often (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~day of aN-~ 2003.x. ~ `~'~ ~- BY: C O MERID ````1~``~~i~~~u~~~rrri~i~~~~~~',' ~r~p RO ERT D. CORRIE, MAYOR w SEAL ATTEST: ~~ ~~ r'`~i,,~'~ ~p~```~~ WILLIAM G. BERG, JR., IT CLERK Approved By City Council: G SUNDANCE INVESTMENTS LIMITED PARTNERSHIP (corporate seal] By an Anderson, Vice President of The Sundance Company, an authorized agent of Sundance Investments Limited Partnership WATER LINE LATE COMERS AGREEMENT Page 5 of 6 STATE OF IDAHO,) County of Ada, ) ss. On this ~ day of , 20033, 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 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. ~..~~~ ,~pTA,~ f.?,+t~~, SEAL ~ ~' ^ ~ ~ e M t ~ ~ ~ ~~ ; a i S~~`,AUg1,1C=' O i ~~Ag~,B ~ ~p'~`i • '•...... STATE OF IDAHO,} County of Ada, ) ss. ~~~ NOTARY PUBLIC O IDAHO RESIDING AT ~ ~~ ~-~~`~ MY COMMISSION EXPIRES ~-Z~ ~~ On this 2 g day of A~ w• 20033, before me, the undersigned, a Notary Public in and ~ ~. A,~ for said State, personally appear Ryan Anderson, known to me to be the President of THE SUNDANCE INVESTMENTS LIMITED PARTNERSHII', and who executed the within instrument on behalf of said Limited Partnership, and acknowledged to me that said Limited Partnership 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. ,~?~~~'° „ fir. A~'~~ ®o~~ a ~', ®'~ A ~ ~o ~e~ ~ NOTARY PUB OR IDAHO 4 n m ~ ~ e ~ ~` : ~ ` RESIDING AT ~,/ J ~7 D 7 MY COMMISSION EXPIRES '~ ° ~; `~ ~~? `'F 1~ ~ B T. t. G oe ©~ ~~,~, s ,~, • WATER LINE LATE COMERS AGREEMENT Page 6 of 6 Sundance Investments Limited Partnership Latecomer's Agreement Exhibit "A" Latecomer's Area 0 1000 2000 3000 4000 Feet N W E Sundance InveMmeMs limited Partnership -Water Latecomer Agreement SILVERSTONE SUBDIVISION WATER LATECOMER ERU CALCULATIONS Developer. Sundance Development Co. Parcels from Ada County GIS Mapping LATECOMER PARCELS Running Count ERU's Projected Projected Total Likely to Develop of Parcels Likely 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 ~ $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 RACKHAM L L C 10.91 RES 2.8 31 $21,668 Y 333 SUTHERLAND FARM, INC. 10.24 MU 1.14 12 $8,387 Y 345 KENAI PARTNERS LLC 10.01 MU 1.14 11 $7,688 Y 356 COULTER KENNETH D 8 CONNIE 9.91 MU 1.14 11 $7,688 356 TERTELING 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 8 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 8 IRENE F 2.02 RES 2.8 6 $4,194 438 HUTT DONALD O 8 KARYN MARIE 1.86 RE5 2.8 5 $3,495 436 TIBBETTS JERRY L 8 CAMILE A 1.76 RES 2.8 5 $3,495 436 COLUMBIA INVESTMENT LLC 1.67 RES 2.8 5 $3,495 436 BARYON 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 & ELIZABATH 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 $~9 436 BEITZ LEONARD F & NANCY H 1.00 RES 2.8 1 $~9 436 KELLER LANCE H 0.99 RES 2.8 1 $699 436 FAZENBAKER GARY L 8 DEBRA G 0.79 RES 2.8 1 $699 436 SWEEP JAMES EDWARD JR & JOY 0.60 RES 2.8 1 $699 436 SWEEP 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 $0 436 460.98 Acres • Denotes portion within latecomer's arm 637 ERU's ERU's likely to develop: 436 Total Projected ERU's: 637 % Likely to develop w/in 10 Yrs: 66% Page 1 silverstone H2O LC.10-8-02 127/2003 "EXHIBIT C" 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 OF TOTAL TOTAL SERVICEAREA PROJECTED ERU's: 637 100.0 , OF TOTAL DEVELOPER'SAREA PROJECTED ERU's: 98 15.4 OF TOTAL LATE COMER'S PROJECTED ERU's: 539 84.6 FEE COMPUTATION: DEVELOPER'S CONTRIBUTION.' $ 304,743.00 Verified from Billings PORTIONATTRIBUTABLE TO DEVELOPER'S SUBDIVISION.• 15.4% x $304,743.00 = $46,883.54 PORTION OFDEVELOPER'S CONTRIBUTIONELIGIBLEFQR 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 Reimbursement/Late Comer's Service AreaERU's =Late Comer Fee per ERU) $ 257,859.46 = $478.40 539.00 r 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 = $698.95 VV/U ADMINISTRATIhE 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 1st, at an annual percentage rate of 6% The latecomer fees shall be: Effective Date Latecomer Fee er 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