Loading...
HomeMy WebLinkAboutPressure Sewer Late Comers Agreement with Brighton Corporation for Ashford Greens SubdivisionPRESSURE SEWER LATE COMERS AGREEMENT ASHFORD GREENS SUBDIVISION This Agreement made and entered into this 28 day of February 2002, by and between BRIGHTON CORPORATION, INC., an Idaho Corporation, hereafter referred to as "Developer", and the CITY OF MERIDIAN, hereafter referred to as "City" WITNESSETH: WHEREAS, the City limits include Ashford Greens Subdivision Nos. 1, 2, 3 and 4 and the Developer's proposed future phase(s) of Ashford Greens Subdivision, hereafter referred to as Ashford Greens Subdivision No. 5 and as shown on Exhibit "A", but prior to this Agreement and construction referred to herein, such area was not provided sewer service by the City; and WHEREAS, in 1997 the City constructed a sewage lift station; a six (6) inch pressure sewer line and an eight (8) inch sewer pressure line from Ashford Greens Subdivision No. 1 to an existing gravity sewer line in Ustick Road; and WHEREAS, in 1998 the Developer reimbursed the City for construction of the six (6) inch pressure sewer line from Ashford Greens Subdivision No. 1 to an existing gravity sewer line in Ustick Road; which pressure sewer line extension, in conjunction with the other construction paid for by the SEWER LATE COMERS AGREEMENT Page - 1 of 7 City, is able to provide sewer service to land shown in Exhibit "A"; and. WHEREAS, the pressure sewer line constructed by the City in 1997 and paid for by the Developer in 1998 will benefit land other than only the land developed by Developer; that the land that can be served by the 1997 pressure sewer line is shown in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full; that the undeveloped land as of February 1, 1998 that can be served by .the pressure sewer line totals approximately 386 acres; that the existing developed areas will eventually contribute sewage to the facilities constructed by the City but will not be subject to the latecomer fees described herein; that the currently undeveloped areas, if developed under the zoning shown on Exhibit "B", which is attached hereto and by this reference incorporated herein as if set forth in full, with densities allowed in the zones shown on Exhibit "B", there could be 1;069 equivalent residential units (ERU); that the Developer's existing and planned subdivisions consist of 231 ERU; that on the basis that 50% of the land not included in the Developer's subdivision would be developed in ten years, the term that a late corners Agreement is allowed to run, there could be 419 ERU in 10 years; and WHEREAS, the total cost of constructing the 1997 six (6) inch pressure sewer line borne by the Developer was $135,584.95; whereas the pressure sewer line will benefit Ashford Greens Subdivisions Nos. 1, 2, 3, 4 & 5 which are being, have been, or are planned to be developed by Developer and those subdivisions will contain 231 ERU, or 21.22% of the total projected ERU to be benefited by the construction of the pressure sewer line; therefore the cost to Developer to construct the pressure sewer to his own subdivision would be $29,313.47; that by subtracting the $29,313.47 from the total Developer's cost share of $135,584.95, the total cost to all late comers is $106,271.48; SEWER LATE COMERS AGREEMENT Page - 2 of 7 and then dividing the remaining projected number of ERU of 419 that could be served by the sewer line, there should be a late comers fee of $253.75, plus interest, per ERU as shown in Table II of Exhibit "B"; and WHEREAS, Section 9-4-19 of the Sewer Ordinance provides that. the City may enter into sewer line extension and reimbursement agreements and that section further provides that sewer users who subsequently connect to the extended sewer line(s) shall be charged an eight (8) inch diameter sewer line equivalency fee; said fees are in addition to the connection and user charges norYrially 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 sewer line(s). WHEREAS, pursuant to Section 9-4-18 of the Sewer Ordinance, the City is required to charge a Sewer 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 sewer 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 sewer system, shall be required to pay an additional connection charge which shall be known and referred to as the '"Sewer 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 reimbursed the City for engineering, planning and construction of the six (6) inch pressure sewer line shown in Exhibit "A", and which will benefit the land also shown SEWER LATE COMERS AGREEMENT Page - 3 of 7 in Exhibit "A". 3. The Developer has contributed $13S,S849S to total construction costs of the above pressure sewer line of which Developer is entitled to be reimbursed the sum of $1 Ob,271.48; plus interest, as shown in Table I of Exhibit "B", which represents land that could be served by the pressure sewer line construction but is not included in Developer's subdivision. 4. That for all ERU in the undeveloped land as of Febniary 1, 1998 in Exhibit "A", subsequently connecting to the pressure sewer line referred to in Exhibit "A", except the land in Ashford Greens Subdivision 1`~Tos. i, 2, 3, 4 & S and those lots outside the Developer's subdivisions upon which building permits have been issued as of February 1, 1998, the City will charge the sum of $2S3.7S plus urterest, per ERU as shown in Table II of Exhibit "B"; such users shall hereafter be referred to as "LATE COMERS"; that the charge is the sewer construction equivalency fee authorized in 9-4-18 and established by this Agreement, which fee shall herein be referred to as "LATE COMERS FEE' ; the fee is in addition to arty other sewer charges for connection to the sewer system; the computation of the Late Comers Fee is shown on Exhibit "B" 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 a special account to be designated the "ASHFORD GREENS IARESSURE SEWER REIlVIBURSEMENT ACCOUNT" and shall reflect inerest at a rate of 4% to be accn.Yed on the unpaid balance once a year at the City's Fiscal Year End, 9/30 each year for the term of the agreemerrt, and shall be distributed quatterly to the Developer. 6. That the late comer fees assessed, which will go into the ASHFORD GREENS SEVVI/R LATE COMERS AGREEMENT Page - 4 of 7 PRESSURE SEWER REIlVIBURSEMENT ACCOUNT, shall increase at a rate of 4% per annum as shown in Table II 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 ERU in the land also shown in Exhibit "A", except the land in Ashford Greens Subdivision Nos. 1, 2, 3, 4 and 5 and those subdivisions that existed as of Febniary 1, 1998. 8. That the City shall charge the ASHFORD GREENS PRESSURE SEWER REIMBURSEMENT ACCOUNT the 10% administrative charge as authorized under 9-4-19. 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 ofthis audit shall be paid by the City as part of its administrative costs. 10. It is agreed that the sewer line(s) referenced in Exhibit "A" is the property of the City and shall henceforth be maintained by the City at its sale cost and expense; 1 i The term of this Agreement shall be until Developer has been reimbursed the principal sum of $106,271.48, plus interest, as determined in Paragraph 6, less the 10% administrative fee or, if this is not achieved, for a period of ten (10) years or, until such time the six (6}-inch pressure sewer described herein is abandoned. If the Developer has not been reimbursed the principal sum plus interest less adminstrative 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. SEWER LATE COMERS AGREEMENT Page - 5 of 7 12. This Agreement shall be binding on the assigns and successors of the parties hereto. DATED this day of ~~ ~~~ , 2002 . 12i''.~':: ~ ~ Y BY: ~`~`~ .f" i ~;,, „~~ . ~~ ~~~ `~ ~. f '"~"~. ~ f ~> ~~, r .~ ATTEST: ~~` ~; ~ ~' ~ , r yid,"- ~ ~..,,~, ~,+ .r `~ ~ i, STATE OF IDAHO,) County of Ada, ) C OF RIDIAN OB RT D. CORRIE, MAYOR WILLIAM G. BERG, JR., Y LERK Approved By City Council: ~ - l ! _ ~ ~ ss. ~' On this day of ~ (Y(1,C~n , 200~ibefore 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 WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ......., •• O N S~!•. ~ ; -OT ~ ,f,~!, SEAL ~ `?% ~ ~~ ~`~' ^ ^ . • ~~19 :~IBLIG~,O ~• •,~Epg~ . •~~~r.• _~ati4 'rru-fGv NOTARY PUBLIC FQR-IDAHO RESIDING AT ~ ol.~- CaU~2~ ~GC~c~ MY COMMISSION EXPIRES 4~ - 2g -©S SEWER LATE COMERS AGREEMENT Page - 6 of 7 BRIGHTON CORPORATION, INC. ~'~~~~ CO ~K"`~ ~~~~. ogYORq~ 'fir a' ~' ~ x BY as : ~•~ *=z SEAL * resident sT,~T80P19~~ Secretary STATE OF IDAHO,) County of Ada, ) ss. On tt~day~ of , 200 ~'6efore me, the undersigned, a Notary Public in and for said S to personally p _ ,/~G1it/~.() ~ 7~U~c!h~,/~ and ~ ~ ~~ ,known to me to be the President and the Secretary of BRIGHTON CORPORATION, INC., and who executed the within instrument on behalf of said corporation, and acknowledged to me that said corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and. affixed my official seal the day and year first above written. SE gaoaeeae~~ ~p'~'~ o y i u ~~~r w ~~ ~9~ ~~ ~ ©F ~~? ~-,~ld~~ NOTARY PUBLIC R H~AH , / RESIDING AT ~1i7~~~ MY COMMISSION EXP S ~ SEWER LATE COMERS AGREEMI_'sNT Page - 7 of 7 ASHFORD GREENS PRESSURE SEWER LATECOMER AREA SCALE: 1 " =2000' Exhibit A N. ~eceNo EXISTING FUTURE 10" 12" ~~ ~ 15" ~ ~ 18" .....~ .~.~ p9• 24° 27' ~~ ~p• ~~ 96" 42" PRESSURE IT- DIVERSION ~ LIFT STATION ®LACK CAT TRUNK SERVICE AREA DISCHARGE LOCATON publicworks/bruce_f/word 81es/leteo6mare agreemarrta/ashford greens/pnae aewer.exhlbit a.bw.dwg "EXHIBIT B" BRIt3HTON CQRPORATION, tNC. (ASMFORI7 GREENS SUBQIVISION) LIFT STATION PRESSURE SEWER LATECOMERS AGREEMENT FEE COMPUTATIONS Table 1. AREA 8 ERU ^ETERMIMA71!)AIC _ r:....~~ ~.~~ nms~,.....1......~~~~~ Area (see ma 1 -- -- -----~ - -• •---- p~cr1 bon Ashford Greens No 1 .................... Status ..... , a ~u~ran Predominant Zonin v~~uiw Projected pensity ERU/Ac cre a (1 ~ Projected ERU % of Total 2 3 4 . Ashford Greens No. 2 Ashford Greens No. 3 +Ashford Greens No 4 E.xistin Existi Final Plat F R-0 R-8 R-0 20 20 15 54 85 45 5.05% 7.95% 4.21 °~ 5 . Ashford Greens PUD #5 inal Plat. F R-4 16 47 4.40% 6 7 Ashford Greens PUp #6 V~las at the Lake inal Plat Final Plat i R-0 R-0 15 7 49 14 4.59% 1.31 °!o 8 Lake Cher Lane No 4 F nal Plat Fi l l R-8 12 43 4.02°k 9 10 . Tumber Nos. 1 & 2 Golfview No 4 na P at Final Plat R-0 R-4 23 40 54 118 5.05% 11.04% 11 . Oolfview o 5 Final Plat Ff R-0 12 31 .90ok 12 13 14 . Elemen School -Dakota West of Bieck Cat Rnad NE 1/4 of NW 1/4 Sec 1 nal Plat Future Future R-0 NA R-0 2.6 g 8D 25 156 ' 2.34 ~° 14.60% 15 16 , . N 1/2 of NW t/4 of NW 1/4, Sec. 1 N 1/2 of NW 1/4 Sec 10 Future Future F R-0 R-0 2.6 2.6 40 28 104 60 9.73°rb 5,6096 17 , . SW 1/4 of SW 114, Sec. 1 TOTAL: uture Future R-4 R-0 2.8 2.6 38 25 388 99 65 1069 9.25°~b 6.08% 84.67°r6 (1) ERU (Egtrvaient Residential Unit) listed are based on final or preliminary plats Where possible. ERU'S in areas not yet in preliminary plat phase gre based on projected densities, DEVELOPER'S ARI,'.A &ERU Ashford Greens No. 1 54 ERU 20 Ac Ashford Greens No. 2 85 ERU 20 Ac Ashford Greens No. 3 45 ERU 1 g A~ Ashford Greens No. 4 47 ERU 16 Ac Total: 23i ERU 71 Ac Average Density (ERU/Ac)= 3~1 71 ORIGI PC ST V LOP R Total Construction Cost; Amount Paid By peveloper: Original Developer's ERU's: Original Developer's Percentage of Total Service Area: Original Developer's Share of Construction Costs: Latecomer's Share = $135,`384.95 •$29,313.47 Page 1 of 2 3.3 ERU/Ac $321,327.09 $135,584.95 231 21.62~i6 $29,313.47 _ $106,271.48 c:lbw1m51RF.ashford.exhibit b.090701 LATECOMER UNIT COST CALCULATION Assume payback period of ten years and an overaN growth rate of 50% in the latecomer area over that ten years, Unit CostlERU =Latecomer's Share / (Projected Latecomer ERU's x 50°r6 Development) Unit Cost/ERU = $106,271.48 /((1,069-231)ERU x 50%) _ $253.75 per ERU REIMBURSEMENT SCHEDULE BRIGHTON CORPORATION, INC. will be reimbursed the costs of installing a sa-inch pressure sewer line. The Latecomer Fee paid by each future builder who connects to the subject sewer line will be paid to BRIGHTON CORPORATION, INC., less administrative fees as described in the AGREEMENT. The Latecomer Fee assessed to each Latecomer shall be adjusted annuaNy on September 30 at an annual percentage rate of 4%. The Latecomer Fees shall be as follows: TABLE 11. Interest Rate: 4.00°~ Effective Date Latecomer Fee 10/1/01 $253.75 10/1102 $263.90 10/1/03 $274.46 10/1/04 $285.44 1011 /05 $296.86 10/1106 $308.73 10/1/07 $321.08 10!1/08 $333.92 10/1/09 $347.28 10!1/10 $361.17 Page 2 of 2 c:lbw1m51RF.ashford.exhibit b.090701 ~~ crrv or ~~~~~ r C~~~~i~lcn~ ~,,.~, ~~ ' ~ IDAHO j ~ ti , ~. ~~ ~ ~~_i~ U ~U` T~Er\SURF, ~N'~Y l~^j/SINCE 111903 MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Keith Bird Joseph W. Borton Charles M. Rountree Shaun Wardle CITY DEPARTMENTS City Attorney/HR 703 Main Street 898-5506 (City Attorney) 898-5503 (HR) Fax 8$4-8723 Fire 540 E. Franklin Road 888-1234 /fax 895-0390 Parks & Recreation 11 W. Bower Street 888-3579 /fax 898-5501 Planning 660 E. Watertower Lane Suite 202 884-5533 /fax 888-6844 Police 7401 E. Watertower Lane 888-6678/fax 846-7366 Public Works 660 E. Watertower Lane suite 200 898-5500/fax 895-9551 - Building 660 E. Watertower Lane Suite 150 887-2211 /fax 887-].297 - Wastewater 3401 N. T'en Mile Road 888-2191 /fax 884-0744 - Water 2235 N.W. 8th Street 888-5242/fax 884-1159 ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 1 BOISE IDAHO 03109106 02:08 PM DEPUTY Neava Haney II I IIIIIIIIIIIIIIIIIIIIIIIIIIII III'I~ RECORDED-REQUEST OF 106E~3~~35 Meridian City RELEASE OF AGREEMENT PRESSURE SEWER LATECOMERS AGREEMENT for ASHFORD GREENS SUBDIVISION Agreement between CITY OF MERIDIAN THE BRIGHTON CORPORATION, INC. The agreement entered into February 28, 2002 by and between the CITY of MERIDIAN, a municipal corporation of the State of Idaho, and The Brighton Corporation Inc. has been satisfied by the City of Meridian. We request yq}},,,,,,,,,,~ release the agreement recorded 3/22/2002 under your instrument num~`y ~ d,,rro #102033b68. f :`` ~, ~~~r~.', r,,- - ~ ~ ~~. - William. G. Berg, Jr_ - C y Viler ~~ ~,! ~~~~~elr.sl QdSlq'41ti~1 STATE OF IDAHO ) S3 County of Ada On this `~~ day of ~ ~'~ ~1 C ~ ~"~ , 2006, before me, a Notary Public, personally appeared William G. Berg, Jr., know or identified to me to be the City Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. C~1 ~ ~V L~t,~c -~ Notary Public for Idaho Residing at: ~~Y~~~~~c~ ~~ Commission expires: 1 n -I 5- ~ CITY FALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433 CITY CLERK -FAX 888-4218 FINANCE 8c UTILITY BILLING -FAX 887-4813 MAYOR'S OFFICE -FAX 884-8119 Printed on recycled paper RECC~GED ~ ~i.Q~.~l^ST ~~' in;c 2C~1~~2~ ~;~Il~~ Crf~~,=[~UrHty G~ i Y'- WATER LINE LATE COMERS AGREEMENT ASHFORD GREENS SUBDIVISION This Agreement made and entered into this ~8 day of ~ 2002, 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 include Ashford Greens Subdivision Nos. 1, 2, 3, 4 and S and the Developer's proposed future phases of Ashford Greens Subdivision, hereafter referred to as Ashford Greens Subdivision No. 6 and as shown on Exhibit "A", but prior to this Agreement and constn~ction referred to herein, such azea was not provided water service by the City; and WHEREAS, in 1997 the Developer constructed two separate water lines from an existing water line to an area north of Cherry Lane and south of Ustick Road, which water lines were able to provide service to land east and west of Black Cat Road; and; that the Total Service Area in Sub- Area No. 1 is approximately 11.35 acres, of which the Developer's Area is approximately 2.62 acres or 23.1% 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; that the Total Service Area in Sub-Area No. 2 is approximately 86.44 acres, of which the Developer's Area is approximately 10.89 acres or WATER LINE LATE COMERS AGREEMENT Page - 1 of 7 12.6% 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 lines 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 lines 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 lines totals approximately 97.79 acres; that the existing developed areas that eventually connect to the water lines serviced by the City will be subject to the latecomer fees described herein; that 100% 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 WHEREAS, the total cost of constructing the said water lines in Sub-Area No. 1 borne by the Developer was $3,636.00 ;whereas the water lines will benefit Developer's present and future Subdivisions which contain 2.62 acres, or 23.1 % of the total area to be benefited by the construction of the water lines; therefore the cost to Developer to construct the water lines to his own subdivision would be $839.03 ;that by subtracting this amount as the total Developer's cost share, the total cost to all late comers is $2,796.97 ;and that this fee, plus interest, Should be collected and paid as shown in Exhibit "B"; and WHEREAS, the total cost of constructing the said water lines in Sub-Area No. 2 borne by the Developer was $31;663.00 ;whereas the water lines will benefit Developer's present and future Subdivisions which contain 10.89 acres, or 12.6% of the total area to be benefited by the construction of the water lines; therefore the cost to Developer to construct the water lines to his own subdivision WATER LINE LATE COMERS AGREEMENT Page - 2 of 7 would be $3,989.14 ;that by subtracting this amount as the total Developer's cost share, the total cost to all late comers is $27,674.86 ;and and that this fee, plus interest, should be collected and paid as shown in Exhibit "B"; 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 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 may be used to reimburse the person or persons so extending the water line(s). WHEREAS, pursuant to 9-1-i2, 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 Connstruction 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 lines shown in Exhibit "A", and which will benefit the land also shown in Exhibit "A". WATER LINE LATE COMERS AGREEMENT Page - 3 of 7 3. The Developer has contributed $3,636.00 to total construction costs of the said water lines in Sub-Area No. 1, of which Developer is entitled to be reimbursed the sum of $2,796.97 plus interest, which represents land that could be served by the water lines but is not included in Developer's subdivision. The Developer has contributed $31,b63.00 to total construction costs ofthe said water lines in Sub-Area No. 2, of which Developer is entitled to be reimbursed the sum of $27,674.86 plus irerest, which represents land that could be served by the water lines but is not included in Developer's subdivision. 4. That for all land in Exhibit "A" subsequently connecting to the water lines referred to in Exhibit "A", except the land in Ashford Greens Subdivision, the City will charge the total sum of $2,796.97 plus interest, in dub-Area No. 1, and the City will charge the total sum of $27,674.86 plus interest, in Sub-Area No. 2 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. 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 "ASHFORD GREENS SUBDIVISION WATER PROJECT REIlVIBURSEMENT 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 shall be collected by the City from all users subsequently WATER LINE LATE COMERS AGREEMENT Page - 4 of 7 connecting to the lines shown in Exhibit "A" for the land also shown in Exhibit "A", except the land in Ashford Greens Subdivision. 7. That the City shall charge the ASHFORD GREENS SUBDIVISION WATER PROJECT REIlVIBURSEMENT ACCOUNT the 10% administrative charge as authorized under 9-1-13. 8. 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. 9. 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. 10. The term of this Agreement shall be until Developer has been reimbursed the principal sum of $30,471.83, plus interest, as determined in Paragraph 6, less the 10% administrative fee or, if this is not achieved, for a period of ten (10) years or, until such time the water lines described herein are abandoned. If the Developer has not been reimbursed the principal sum plus interest hess 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. 11. This Agreement shall be binding on the assigns and successors of the parties hereto. nc. f DATED this~day of L'~j'1~2 , 2002. BY: CITY OF MERIDIAN WATER LINE LATE COMERS AGREEMENT Page = 5 of 7 ATTEST .~~a~5'av..' '~~ _ ~{ W .~d `1 .ter.*~ _ .. ,, ~,~~~~ _ ~.. - ~" ~~-. LIAM G. ERG, JR., I CLERK ~, .F ~-~~-d2 Approved''~~ City Council: THE BRIGHTON CORPORATION O~ ~~ * -SEAL ~~~OF1D% By David W. Turnbull, President WATER LINE LATE COMERS AGREEMENT Page - 6 of 7 STATE OF IDAHO,) County of Ada, ) ss. On this :~ day of ~ , 2002, 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 WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. SEAL ~ S NOTARY PUBLIC F ~ IDAI~O RESIDING AT ~~~ Cx, ~i~~ j,~.~v~~a~ ;~s~.,.e~j~~~.,~; MY COMMISSION EXPIRES `f - ~2 $'~- ©S~ .~•q~ - ~p~°• STATE OF IDAHO,) ss. County of Ada, ) ~y/~ On thi~~5 day 2002, before me, the undersigned, a Notary Public in and for said State, personally appeared D W. TURNBULL, known to me to be the President of THE BRIGHTON CORPORATION, and who executed the within instrument on behalf of said corporation, and acknowledged to me that said corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my h~l and affixed my official seal the day and year first above written. ~~e~CA A ~p~i es® ; ®® • 0 ~ ~ AL oss ~ NOj v AVB1.1~' RE ~> °o® O MY ~~'09~~ pp 19R' ~: °00~.......~ ~'~: T IDAHO S' WATER LINE LATE COMERS AGREEMENT Page - 7 of 7 Water Line Late Comers Agreement Ashford Greens Subdivision Exhibit A 12-inch Water Main Service Area N W E T00 0 700 1400 2100 2800 Feet "EXHIBIT B" ASHFORD GREENS SUBDIVISION THE BRIGHTON CORPORATION WATER LINE LATECOMERS' AGREEMENT FEE COMPUTATIONS AREA DETERNIINATION: SUB-AREA No. 1 Total Service Area =Gross Area ~ Existing RoadlStreet Right-Of Way EXISTING RDAD/STREETRIGHT-OF-WAY (R/W) Black Cat Road R/W 96 feet wide by 275 long = Interior streets RNV 50 feet wide by Total Service Area = 3459 long = Total 15.93 Gross Acres -4.58 R/W = 0,61 acres 3.97 acres 4.58 11.35 acres Latecomers Area =Total Service Area -Developer's Area TOTAL SERVICE AREA: DEVELOPER'S AREA: LATE COMER'S AREA FEE COMPUTATION: OF ACREAGE TOTAL 11.35 100.0 OF ACREAGE TOTAL 2.62 23.1 OF ACREAGE TOTAL 8.73 76.9 DEVELOPER'S CONTRIBUTION.• $ 3,636.00 Verified from Billings PORTIONATTRIBUTABLE TO DEVELOPER'S SUBDIVISION.• 23.1% x $3,636.00 = $839.03 PORTION OF DEVELOPER'S CONTRIBUTIONELIGIBLEFQR REIMSURSEMENT.• Total Service Area (100%) -Developer's Percentage =Percentage Eligible = 76.9% 76.9% x $ 3,636.00 $2,796.97 Page 1 REIMBURSEMENT: SubArea 1 $2, 796.97 SubArea 2 $27,674.86 Total $30,471.83 REIMBURSEMENT BASIS: Assume payback period often years and an overall growth rate of 100% within the Late Comer area over that ten years. REIlI~BURSEMENT SCHEDULE: Running Total Owed Developer Total Owed Developer Upon Completion ('97) $30,471.83 $30,471.83 One-Time Admin Fee to City 10% $ (3,047.18) $27,424.65 4% Interest (98) $1,096.99 $28,521.63 4% Interest (99) $1,140.87 $29,662.50 4% Interest (00) $1,186.50 $30,849.00 4% Interest (O1) $1,233.96 $32,082.96 Table 1 Page 3 AREA DETERMINATION: SUB-AREA No. 2 Total Service Area =Gross Area - Existing RoadlStreet Right-Of--Way EXIS77NG ROAD/STREETRIGHT-OF-WAY (R/W) Black Cat Road R/W 96 feet wide by 1790 long = 3.94 acres Interior streets R/W SO feet wide by 8568 long = 9.84 acres Total 13.78 Total Service Area = 100.22 Gross Acres -13.78 RNV = 86.44 acres Latecomers Area =Total Service Area -Developer's Area TOTAL SERVICE AREA: DEVELOPER'S AREA: LATE COMER'S AREA FEE COMPUTATION: OF ACREAGE TOTAL OF ACREAGE TOTAL OF ACREAGE TOTAL DEVELOPER'S CONTRIBUTION.• $ 31,664.00 Verified from Billings PORTIONATTRIBUTABLE TO DEVELOPER'S SUBDIVISION.• 12.6% x $31,664.00 = $3,989.14 POR770N OF DEVELOPER'S CONTRIBUTION ELIGIBLE FOR REIMBURSEMENT.• Total Service Area (100%) -Developer's Percentage =Percentage Eligible = 87.4% 87.4% x $ 31,664.00 = $27,674.86 Page 2 1 ~,.- -~ ert~icn ~~~~ `~~, II~~FIO I~ ~< ~`~~ R ~N` rkEASURt V/~l~Y SINCE 1903 MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Keith Bird Joseph W. Borton Charles M. Rountree Shaun Wardle CITY DEPARTMENTS City Attorney/IiR 703 Main Street 898-5506 (City Attorney) 898-5503 (HI2) Fax 884-8723 Fire 540 E. Franklin Road 888-1234 /fax 895-0390 Parks & Recreation. 11 W. Bower Street 888-3579/fax 898-5501 Planning 660 E. Watertower Lane Suite 202 884-5533/fax 888-6844 Police 1401 E. Watertower Lane 888-6678/fax 846-7366 Public Works 660 E. Watertower Lane Suite 200 898-5500/fax 895-9551 - Building 660 E. Watertower Lane Suite 150 887-2211 /fax 887-].297 - Wastewater 3401 N. Ten Mile Road 888-27.91 /fax 884-0744 - Water 2235 N.W. 8th Street 888-5242/fax 884-11.59 ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 1 BOISE IDAHO 0310910fi 02:08 PM DEPUTY Neava Haney II I I I II II I II I II I II I II I II I II I II' II I III RECORDED-REQUEST OF 10603666 Meridian City RELEASE OF AGREEMENT WATER LINE LATECOMERS AGREEMENT for ASHFORD GREENS SUBDIVISION Agreement between CITY OF MERIDIAN THE BRIGHTON CORPORATION The agreement entered into February 28, 2002 by and between the CITY of MERIDIAN, a municipal corporation of the State of Idaho, and The Brighton Corporation has been satisfied by the City of Meridian. We request,~y~h'd':release ,~. the agreement recorded 3122/2002 under your instrument numbed<'~.~~3`fi69.. '` ~ '"~ STATE OF IDAHO ) County of Ada SS William G. Berg, Jr. - . ,..,.~ ~~~J; x` ~'a - r" ~. .ity lark m ~ r~~~ ~~ ~~ r ~ °~~? ~. /j ~ 4~' ~ p+~i' M ti's f ~""""111666...~f~ 'f ~' ~~iilrlt~~a nrlt~att~ On this t~`~ day of ~ G~/~L GIB"~ , 2006, before me, a Notary Public, personally appeared William G. Berg, Jr., know or identified to me to be the City Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. .~ Notary Public for Idaho Residing at: Y~~_1~r;~. ~~ Commission expires: ~a ~-- ~- ~ I CITY HALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433 CITY CLERK -FAX 888-4218 FINANCE & UTILITY BILLING -FAX 887-48] 3 MAYOR'S OFFICE -FAX 884-8119 Printed nn recycled paper