HomeMy WebLinkAboutWater Line Late Comers Agreement with Brighton Corporation for Bedford Place Sub 1 & 4WATER LINE LATE COMERS AGREEMENT
BEDFORD PLACE SUBDIVISION No. 1 and No. 4
This Agreement made and entered into this 28th day of February 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"
WITNESSETFi:
WHEREAS, the City limits extend north of Ustick Road, but prior to this Agreement and
constnzction 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 - 1 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 Aeveloper'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 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 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 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 fia11.
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 constnaction 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 AGREEMENT Page - 3 of 6
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 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, 9130 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 urto 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 of ten (10) years or, until such time the water line descn~bed 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 (i 0) 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.
1~
DATED this day of 6'uQit- , 200~.~'
BY: ,,, F MERIDIAN
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Mkt. +~ A~~l~ ~,. t
'~`~ RT D. CORRIE, MAYOR
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ATTEST: Y ~~,~ ~, ~. ~ _
WILLIAM G. BERG, JR., I CLERK
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Approved By City Council: ~ ~~ 9~~
THE BRIGHTON CORPORATION
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By
David W. Turnbull, President
WATER LINE LATE COMERS AGREEMENT Page - 5 of 6
STATE OF IDAHO,)
County of Ada, )
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On this 19 day of `~ _ , 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 WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first above written.
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STATE OF IDAHO,)
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NOTARY PUBLIC FO,~ JAHO
RESIDING AT c~ C~~~YC~ ~c~
MY COMMISSION EXPIRES ~~~- 2 g OS
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County of Ada, )
On this~day o ~ OOi~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 WHEREOF, I have hereunto set my
and year first above written.
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aff xed my official seal the day
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WATER LINE LATE COMERS AGREEMENT Page - 6 of 6
Bedford Pierce Subdivision
Water Latecomers Agreement
Exhibit "A"
12-inch Water Main
Service Area
N
W E
S
400 0 400 800 1200 1600 Fe®t
"EXHIBI'T' 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 53.5
% 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 $ 38,86$.00 = $20,819.93
PORTION OF DEVELOPER'S CONTRIBUTION 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
4.6 I
REIlbIBURSEMENT 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
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T IDAHO j
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SINCE
1903
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 (HP.)
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
Sulte 202
884-5533 /fax 888-6844,
Police
].401 E. Watertower Lane
888-6678/fax 846-7366
ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .OD '
BOISE IDAHO 03/09/08 02:08 PM
DEPUTY Neava Haney II I I I II II I II I II I II I II I II I II IIII' II III
RECORDED-REQUEST OF
Meridian City 106036637
RELEASE OF AGREEMENT
WATER LATECOMERS AGREEMENT
for
BEDFORD PLACE SUBDIVISION NO. 1 & N0.4
Agreement between
CITY OF MERIDIAN
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 Brighton.
Corporation has been satisfied by the City of Meridian. We request y~`i;e~`Iease'
the agreement recorded 3122/2002 under your instrument number #~3~5:~~0~ , '~
William G. Berg, Jr. -
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STATE OF IDAHO )
SS
County of Ada )
Public Works
660 E. Watertower Lane
Suite 200
898-5500/fax 895-9551
- Building
660 E. Watertower Lane
suite 1.50
887-2211/fax 887-1297
- Wastewater
3401 N. Ten Mile Road
888-2].91/fax 884-0744
- Water
2235 N.W. 8th Street
888-5242/fax 884-1159
On this l~?'f~~~ day of 4`ti'l G~.rL (.'~-L, , 2006, before
me, a Notary Public, personally appeazed 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.
t~ ~.Ct:''~ ~ ~ rSl L L i / ~'1
Notary Public for Idaho
Residing at: ~1r'`~~~? ~~:~ c~ ~~
Commission expires: 1 C --/ ~"
CITY HALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83(142 (208) 888-4433
CITY CLERK -FAX 888-4218 FINANCE & UTILITY B[LL1NG -FAX 887-4813 MAYOR'S OFFICE -FAX 884-8119
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