HomeMy WebLinkAboutSewer Late Comers Agreement with Farwest, LLCRECORDi~O - Rr:t1U1_~T OF
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SEWER LATE COMERS AGREEMENT
FARWEST DEVELOPERS
This Agreement made and. entered into this 23rday of C~c.~be-r 2001, by and between
FARWEST LLC, an Idaho Limited Liability Company, hereafter referred to as "Developer", and the
CITY OF MERIDIAN, hereafter referred to as "City"
WITNESSETH:
WHEREAS, the City limits extend south of Overland Road and east and west of Locust Grove
Road, including Salmon Rapids and Los Alamitos Park Subdivisions, but prior to this Agreement and
construction referred to herein, a portion of such area was not provided sewer service by the City; and
WHEREAS, in 1995 the Developer extended sewer line(s) from existing sewer line(s) to an
area south of Overland Road acid east and west of Locust Grove Road. which sewer line extensions
were able to provide service to land south of Overland Road and east and west of Locust Grove Road;
and
WHEREAS, the sewer main. constructed by the Developer will benefit other land than only the
land being developed by the Developer; and
WHEREAS, the total sewer line(s) constructed by the IIeveloper in 1995 will benefit other
land than only the land developed by Developer; that the land that can be served by the 1995 sewer
line(s) is shown in Exhibit "A", which is attached hereto and by this reference incorporated herein as if
set forth in full; that the land totals approximately 118.25 acres which, if developed under the zoning
SEWER LATE COMERS AGREEMENT Fage - 1
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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 344 equivalent
residential units (ERU) in the 118.25 acres; that the Developers subdivision(s) consists of 259 ERU in
87.93 acres; that on the basis that 75% 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, there could be 85
ERU in 10 years; and
WHEREAS, the total cost of constructing the 1995 sewer line(s) was borne by Developer at a
cost of $25,781:05; whereas the sewer line(s) will benefit subdivisions which are being or have been
developed by Developer and those subdivisions will contain 259 ERU on 87.93 acres, or 74.35% of
the total projected ERU to be benefited by the construction of the sewer line(s); therefore the cost to
Developer to provide sewer service to his own subdivisions would be $19,168.21; that by subtracting
the $19,1b8.21 from the total cost of $25,781.05, the total cost to all late comers is $6,610.26; and
then dividing the remaining projected number of ERU of 85 that could be served by the sewer line(s),
there should be a late comers fee of $103..69, plus interest, per ERU as shown in Exhibit "B"; and
WHEREAS, Section 9-4-19 of the Sewer Ordinance provides that the City may enter urto
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 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 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,
SEWER LATE COMERS AGREEMENT Page - 2
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whether that construction has been performed by the City, a local improvement district or a private
entity, or combination thereof, and who subsaluently desires to connect to the City sewer system, shall
be required to pay an additional connection charge which shall be known and referred to a.s the "Sewer
Construction Equivalency Fee".
NOW, THEREFORE, IT iS HEREBY AGREED A5 FOLLOWS:
The above recitals are contractual and are incorporated herein as if set forth in full.
2. That the Developer has engineered, planned, and constructed the thank sewer line(s)
shown in Exhibit "A", and which will benefit the land shown in Exhibit "A".
The Developer has contributed $25,781.05 to total construction costs of the above
sewer line(s) of which Developer is entitled to be reimbursed the sum of $6,610.26 plus interest, as
shown in Exhibit "B", which represents land that could be served by the sewer line extension(s) but is
not included in Developer's subdivision.
4. That for all ERU in the land in Exhibit "A", subsequently connecting to the sewer
line(s) referral to in Exhibit "A", except the land in Farwest Developers subdivisions, the City will
charge the sum of $103.69 plus interest, per ERU as shown in Table III. 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 any 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.
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 "FARWEST DEVELOPERS SEWER
PROJECT REIMBURSEMENT ACCOUNT" and shall be distributed quarterly to the Developer.
6. That the late comer fees assessed, which will go into the FARWEST DEVELOPERS
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SEWER PROJECT REIlVIBURSEMENT ACCOUNT, shall increase at a rate of 4% per annum;
the late comer fees for years 1 through 10 are shown in Table III of Exhibit "B";
7. That the late- comer foes shall be collected by the City from all users subsequently
connecting to the line in Exhibit "A" for ERU in the land described in Exhibit "A", except the land in
Farwest Developer subdivisions.
8. That the City shall charge the FARWEST DEVELOPERS SEWER PROJECT
REIlVIBURSEMENT 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
of this audit shall be paid by the City as part of its administrative costs.
10. It is agreed that the sewer line(s) referenc~l 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 $6,610.26 plus interest, as determined in Paragraph 6, less the 10% administrative fee or, if this
is not achieved, for a period often (10) years. ff the Developer has not been reimbursed the principal
sum plus interest less administrative fees after ten (10) years from the date of this Agreement, the
Agreement maybe renewed by mutual Agreement of the City and the Developer, at such time as the
City ordinance allows for extension of a ten year time frame. ffthe City does not amend this
ordinance, then this agreement shall have a ten year life span. Develo~r shall not be entitled to any
other fee or reimbursement for said sewer lines.
12. This Agreement shall be binding on the assigns and successors of the parties hereto.
SEWER LATE COMERS AGREEMENT Page - 4
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DATED this ~3 day of QC.~abec , 2001.
BY: C O MERIDIAN
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B T D. CORRIE, MAYOR
ATTEST:
STATE OF IDAHO,
County of Ada, )
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NII.,LIAM G. BERG, 7R., C~ITY'CLERK
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On this~day of , 2001, before me, the undersigned, a Notary Public in
and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., Icpown
to me to be the Mayor and City Clerk of the CITY OF MERIDIAN, Idaho, and who executed the
within instrument, and acknowl~iged to me that the CITY OF MERIDIAN executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first above written.
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SEWER LATE COMERS AGREEMENT Page - S
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FARWEST LLC
(corporate seal)
STATE OF IDAHO,)
County of Ada, )
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By
On this ~$ "day of Oc~o , 2001, before me, the undersigned, a Notary Public in and
for said State, personally appeared ~ ~ (~olds,til.c~ , known to me to be
the ~/k,,,,,~,~NAI~ ~n.o„~n,~,r of FARWEST LLC, an Idaho Limited Liability Company,
and who execu_ ted the within instrument on behalf of said Limited Liability Company, and
acknowledged to me that said Limited Liability Company 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.
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Farwest Developer's Sewer Latecomer Agreement
Exhibit "A"
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..~....... Sewer Mainline
,r~; Goldsmith service area
500 0 500 1000 Feet
Farwest Developers Sewer Latecomer's Agreement
Exhibit "B"
AREA DETERMINATION:
DEI~ELOPER'SAREA & ERUDETERMINATION
SUBDIVISION NAME ZONE ACRES DENSITY ERU'S % OF TOTAL
Salmon Ra ids Subdivision No. 1 R-4 15.41 2.92/Ac. 45 13.03
Salmon Ra ids Subdivision No. 2 R-4 1.02 1.92/Ac. 2 0.86
Salmon Ra ~ds Subdivision No. 3 R-4 10.06 3.28/Ac. 33 8.51
Salmon Ra ids Subdivision No. 4 R-4 15.55 3.28/Ac. 51 13.15
Los Alamitos Park Subdivision No. l R-4 8.16 2.82/Ac. 23 6.90
Los Alamitos Park Subdivision No. l R-4 15.53 3.03/Ac. 47 13.13
Los Alamitos Park Subdivision No, l R-4 22.20 2.61/Ac. 58 18.77
Totals 87,93 259 74.35
TABLE I
LATECOMER'SAREA & ERUDETERMINATION
SUBDIVISION/PARCEL NAME ZONE ACRES DENSITY ERU'S % OF TOTAL
Tarawood Subdivision R-4 12.80 2.50/Ac. 32 10.83
51120325425 (Williamson) RT 1.36 3=3.04/Ac. 4 1.15
51120325550 (Babbitt) RT 1.01 13.04/Ac. 3 0.85
51120325725 (Jennings) RT 1.33 f3.04/Ac. 4 1.13
51120325652 (Scoter) RT 2.76 13.04/Ac. 8 2.33
S1i20325750 (Babbitt) RT 5.96 13.04/Ac. 18 5.04
51120325777 (Shipley) RT 5.10 13.04/Ac. 16 4.31
Totals 30.32 85 25.64
i'ABLE II
(Developer's Area Total + Latecomer's Area Total =Total Service Area)
87.93 Acres + 30.32 Acres = 118.25 Acres
DEVELOPER'S OFF-SITE SEWER CONTRIBUTION:
$25,781.05 From Billings
DISTRIBUTION OF DEVELOPER'S CONTRIBUTION:
Developer's Off-Site Sewer Contribution: $25,781A5
Developer's ActuaUProposed ERU's: 259
Developer's Percentage of Total Service Area: 74.35
Developer's Share of Off-Site Construction Costs: {74.35% x $25,781.05) _ $19,168.21
Latecomer's Share of Off-Site Construction Costs: (25.64% x $25,781.05) _ $6,610.26
LATECOMER FEE FORMULA:
(Latecomer's Share of Old Site Construction Costs /Latecomer's Total ERU's =Latecomer's Fee)
$6,610.26 / 85 ERU's = $77.77 per ERU
$77.77 / 75% = $103.69 per ERU Latecomer Fee
Assuming a payback period of ten years, and an overall rate of growth of 75% within the latecomer's area over that
ten years.
Farwest Developers Sewer Latecomer's Agreement
REIlVIBURSEMENT SCHEDULE:
The fees assessed to each latecomer shall be adjusted annually on October lat, at a rate of 4.00% per annum. The
latecomer fee shall be as follows:
Effective Date Lat~omer Fee er ERU
October 1, 2001 $98.23
October 1, 2002 $107.84
October 1, 2003 $112.15
October 1 2004 $116.64
October 1, 2005 $121.30
October 1, 2006 $126.15
October 1, 2007 $131.20
October 1, 2008 $136.45
October 1, 2009 $141.91
October 1, 2010 $147.58
Table III
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CfIY OF ~ ~~~~~~._ ~ '--
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~ IDAHO j
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Nr/./t ~lh` f12t; LSUNE VN~Y 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(1IR)
Fax 884-8723
Fire
540 E. Franklin Road
888-]234 /fax 895-0390
Parks & Recreation
1] W. Bower Street
888-3579/fax 898-5501
Planning
660 E. Watertower Lane
Suite 202
884-5533 /fax 888-6844
Police
140]. 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 887-1297
- Wastewater
3401 N. Ten Mile Road
888-2191 /fax 884-0744
- Water
2235 N.W. 8th Street
888-5242 /fax 884-].1.59
ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00
BOISE IDAHO 03/09/06 02:08 PM
RE ORDEDe REQUEST OF ~II ~~IIIIIIIIIIIIIIIIIIIIIIIIII ~~~ ~~~
Meridian City 10603b643
RELEASE OF AGREEMENT
SEWER LATE COMERS AGREEMENT
for
FARWEST DEVELOPERS
Agreement between
CITY OF MERIDIAN
FARWEST DEVELOPERS
The agreement entered into October 23, 2001 by and between the CITY of
MERIDIAN, a municipal corporation of the State of Idaho, and Farwes~,~.I1G ~lila.~
~ +a
been satisfied by the City of Meridian. We request you release th~e`a;d~erfl-~=-~, '''~,.,
recorded 11/1!2001 under your instrument number #101ll4964.;; ' ~'~', `~~~~,~~~~~ ~ ~~,~~,~~~
~~
William G_ Berg, Jr. - t3' C ~"
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STATE OF IDAHO
SS
County of Ada )
On this lo-t~ day of d'l~'~,:G,~~L.t;'~~ , 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: }'ti`l,~ LL~c~ ~~~~
Commission expires: j F; --~1 S`~- I I
CITY HALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433
CITY CLERK -FAX 888-4218 FINANCE & UTILITY BILLING -FAX 887-4813 MAYOR'S OFFICE -FAX 884-8119
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