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HomeMy WebLinkAboutWater Late Comers Agreement with Farwest LLCn~; C(iJF~TY #~~C~RD~R ~. ~ f~v~;, ~~~.d~a~Q ~~~ ~ ~ - ~ ~' r ~ ~ ~F ~J RECORDED - Fri ~:UC~i- 01- FEE.~~DE.P~~~Y 7~~~~~~~7~~ M~RIDI~lV G1CY WATER LAVE COMERS AGREEMENT FARWEST DEVELOPERS nd This Agreement made and entered into this ~ day of (~.}-pbe.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 water service by the City; and WHEREAS, in 1995 the Developer extended water line(s) from existing water line(s) to an area south of Overland Road and east and west of Locust Grove Road which water line extensions were able to provide service to land south of Overland Road and east and west of Locust Grove Road; and WHEREAS, the water main constructed by the Developer will benefit other land than only the land being developed by the Developer; and WHEREAS, the total water line(s) constructed by the Developer in 1995 will benefit other land than only the land developed by Developer; that the land that can be served by the 1995 water 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 124.80 acres which, if developed under the zoning shown in Table I 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 in Table I on Exhibit "B" there could be LATE COMERS AGREEMENT Page - 1 5:1Pohtic Wod~Robml F~LAeCrnom~2F'Fawarlef~o-wwga AgpmnmLL.doc 366 equivalent residential units (ERU) in the 124.80 acres; that the Developer's subdivision(s) consists of 281 ERU in 94.48 acres; 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 share of the cost of constructing the 1995- water line(s) borne by Developer was $61,005.10; whereas the water line(s) will benefit subdivisions which are being or have been developed by Developer and those subdivisions will contain 281 ERU on 94.48 acres, or 75.71% of the total projected ERU to be benefits by the construction of the water line(s); therefore the cost to Developer to provide water service to his own subdivision would be $46,186.96; that by subtracting the $4b,186.96 from the total cost of $61,005.10 and then dividing by the remaining projected number of ERU of 85 that could be served by the water line(s), there should be a late comers fee of $232.44 plus interest, per ERU 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 9-1-12, the City is required to charge a Water Construction Equivalency I~ ee 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 LATE COMERS AGREEMENT Page - 2 S:~Public Warks~Robert F1Late~omers~RF.Fanvest-latecomers-water A~eement.doc 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 refenred to as the "Water Construction Equivalency Fee". NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: 1. The above recitals are contractual and aze incorporated herein as if set forth in full. 2. That the Developer has engineered; .planned, and constructed the trunk water line(s) shown in Exhibit "A", and which will benefit the land shown in Exhibit "A". 3. The Developer has contributed $61,005.10 to total construction costs of the above water line(s) of which Developer is errtitled to be reimbursed the sum of $14,818.14 plus urterest, as shown in Exhibit "B", which represents land that could be served by the water line extension(s) but is not included in Developer's subdivision. 4. That for all ERU in the land shown in Exhibit "A", subsequently connecting to the water line(s) referred to in Exhibit "A", except the land in Farwest Developers subdivisions, the City will charge the sum of $232.44 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 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 Corners Fee is shown on Exhibit "B" attached. hereto and by this reference incorporated herein. 5. That all the late comer fees assessed above in Pazagraph 4 shall be set aside and deposited to a special account to be designated the "FARWEST DEVELOPERS 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 yeaz for the terra of LATE COMERS AGREEMENT Page - 3 S:~Public Works~Robect_FU.ateComers~RF.Fazwest-latecomers-water Agreemem.doc the agreement, and shall be distributed quarterly to the Developer. 6. That the late comer fees assessed, which will go into the FARWEST DEVELOPERS WATER PROJECT REIMBURSEMENT ACCOUNT, shall increase at a rate of 4% per annum as shown in Table III of Exhibit "B". 7. That the late comer fees shall be collected by the City from all users subsequently connecting to the tine in Exhibit "A" for ERU in the land described in Exhibit "A", except the land in Farwest Developers subdivisions. 8. That the City shall charge the FARWEST DEVELOPERS WATER PROJECT REIlVIBURSEMENT 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 ail 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 $14,818.14 plus interest, as determined in Paragraph 6, less the 1(~/o administrative fee or, if this is not achieved, for a period often (10} years or, until such time the water line described herein is abandoned. If the Developer has not been reimbursed the principal sum plus irnerest less administrative fees after ten (10) years from the date of this Agreement, the Agreemern may be renewed by mutual Agreement of the City and the Developer, at such time as the City ordinance allows for extension of a ten year time frame. If the City does not amend this ordinance, then this agreement shall have a ten year life span. Developer shall not be entitled to any other fee or reimbursemern for said water line. LATE COMERS AGREEIvIENT Page - 4 S:~Public Worka~Robeat F\1,ateCo~ers~RF.Fatwest-latecomers-water'?,p{eement.doc 12. This Agreemerrt shall be binding on the assigns and successors of the parties hereto. DATED this 23~~ay of C~e~cber , 2001. BY: ,s ~4 +y. EMI ~i~ ATTEST: ~~, ~ ~ , ` ~~ ~r~~' ~~ ~` a.~ar;~i rlt~ STATE OF IDAHO,) County of Ada, ) ss. C MERIDIAN 1 T D. CORRIE, MAYOR WILLIAM G. BERG, JR., CI CLERK ~jrrov~c.C 6~ G~l~ G-e to -23-0/ On this S day of L~~~ , 2001, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk of the CITY OF MERIDIAN, Idaho, and who executed the within instrument, and acknowledged to me that the CITY OF MERIDIAN executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. •.•`' pVERt~ . ~; ,~~' ~ of ply Y ~ ~ SEAL '; ti 0 pU81' o~ ~' yti.`sTA T E O~..o'• NOTARY PUBLIC FOR IDAHO RESIDING AT MY COMMISSION EXPIRES ~ ~bZ~d. LATE COMERS AGREEMENT Page - 5 S:~PublicWorks~Robert FV.etaCoaners~RF-Fanvest-latecomerwaterAgreement.doc FARWEST LLC (corporate seal) By STATE OF IDAHO,) County of Ada, ) ss. On this L$~day of ©clro 1~ , 2001, before me, the undersigned, a Notary Public in and for said State, personally appeared ~~.r~-.., ~d s~.:~ , known to me to be the 1~/lc. r..~a.n~c ~-e~w.~~-r _ of FARWEST LLC, an Idaho Limited Liability Company, and who execut~i the within instn.iment on behalf of said Limited Liability Company, and acknowledged to me that said Limited Liability Comparry executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. a~,~~~~re~e,,,~~ ` ~y~~y~.:...,,r e ~~ ~ ,:. SEAL ' ~' ~~ t ~~ ~. ,~;~ ; ' , L?1 ~J~ ~ ,~ ~ ~~~~'~ LATE COMERS AGREEMENT Page - 6 S:~Public Worics~itobert F~I.ateComers~RF.Farwes[-latecomers-water Ageemeot.doc Farwest Developer's Water Latecomer Agreement Exhibit "A" N W E S ,......... Water Mainline ~;~~~ a Goldsmith service area 500 0 500 1000 1500 Feet Farwest Developer's Water LateeOmer's Agreement Exhibit "B" ;« ~ ~_ ~_~!!~ ~ 1 DEVELOPER'SAREA & ERUDETERMINATIDN SUBDIVISION NAME ZONE ACRES DENSITY ERU'S % OF TOTAL Salmon ids Subdivision No. 1 R-4 15.41 2.92/Ac. 45 12.35 Salmon Subdivision No. 2 R-4 1.02 1.92/Ac. 2 0.82 Salmon Subdivision No. 3 R-4 10.06 3.28/Ac. 33 8.06 Salmon Ra 'ds Subdivision No. 4 R-4 15.55 3.28/Ac. 51 12.46 Salmon Ra 'ds Subdivision No. 5 R-4 b.55 3.36/Ac. 22 5.25 Los Alamitos Park Subdivision No. l R-4 8.16 2.82/Ac. 23 6.54 Los Alamitos Park Subdivision No.l R-4 15.53 3.03/Ac. 47 12.44 Los Alamitos Park Subdivision No. l R-4 22.20 2.61/Ac. 58 17.79 Totals 94.48 281 75.71 1t~DL8 1 LATECOMER'S AREA & ERUDETERMINATION SUBDMSION/PARCEL NAME 20NE ACRES DENSITY ERU' S % OF TOTAL Tarawood Subdivision R-4 12.80 2.50/Ac. 32 10.25 51120325425 (Williamson) RT 1.36 13.04/Ac. 4 1.09 S1i20325550 (Babbitt) RT 1.01 13.04/Ac. 3 0.81 51120325725 (Jennings) RT 1.33 f3.04/Ac. 4 1.06 51120325652 (Scoter) RT 2.76 f3.04/Ac. 8 2.21 S 1120325750 (Babbitt) RT 5.96 13.04/Ac. 18 4.78 S i 120325777 (Shi 1 ) RT 5.10 13.04/Ac. 16 4.09 Totals 30.32 85 24.29 IAi3Lt~ ll (Developer's Area Total + Latecomer's Area Total =Total Service Area) 94.48 Acres + 30.32 Acres = 124.80 Acres DEVELOPER'S OFF-ST~,'E WATER CONTRIBUTION: $61,005.10 From Billings DISTRIBUTION OF DEVELOPER'S CONTRIBUTION: Developer'sOff-Site Water Contribution: $61,005.10 Developer's ActuaUProposed ERU's: 281 Developer's Percentage of Total Service Area: 75.71 Developer's Share of Off-Site Construction Costs: (75.71% x $61,005.10) _ $46,186.96 Latecomer's Share of Off-Site Construction Costs: (24.29% x $61,005.10) _ $14,818.14 LATECOMER FTE F RMULA: (Latecomer's Share of Off-Site Construction Costs /Latecomer's Total ERU's =Latecomer's Fee) $14,818.14 / 85 ERU's = $174.33 per ERU $174.33 / 75% _ $232.44 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 Developer's Water Latecomer's Agreement REIlVJBURSEMENT S(tHEDULE: The fees assessed to each latecomer shall be adjusted annually on October 1", at a rate of 4.00% per annum. The latecomer fee shall be as follows: Effective Date Latecomer Fee r ERU October 1 2001 $232.44 October 1 2002 $241.74 October 1 2003 $251.41 October 1, 2004 $261.47 October 1 2005 $271.93 October 1 2006 $282.81 October 1 2007 $294.12 October 1 2008 $305.88 October 1 2009 $318.12 October 1 2010 $330.84 Table III ;~ ~ ciTV of !'~~~; , -,T ~Y1G~1~17 ~ \~ ~~, ~ IDAHO j ti ti~. ~, ~. '~'~~-q °lrx~ THe,..tisutzr-_ Vni-~~ SINLE 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 (HR) Fax 884-8723 Fire 540 E. Franklin Road 888-1234 /fax 895-0390 Parks & Recreation 11 1N. 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 887-1297 - Wastewater 3401 N. Ten Mile Road 888-2191 / fax 884-0744 - Water 2235 N.W. 8th Street 888-5242 /fax 884-11.59 ADA COUNTY RECORDER J. DAVID NAUARRO AMOUNT ,00 BOISE IDAHO 03/09/06 02:08 PM DEPUTY Neava Haney RECORDED-REQUEST OF ~II ~~~~~~IIIIIIIIIIIIIIIIIIIIII ~~~ ~~~ Meridian City 10603664 RELEASE OF AGREEMENT WATER LATECOMERS 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 Farwest~L'~;f~",' ~i'as:~; , been satisfied by the City of Meridian. We request you release t ~,~ ~ A~' ` r `' . recorded 11/1/2001 under your instrument number #101114963` ~:~ -~ ~ ~" ~~~~ it _ / /I _ ~_, . p William G_ Berg, Jr. - STATE OF IDAHO ) SS County of Ada ) . s - ~~ sT ~"~~ `'~ ~~ ; ~ ~~~~~~~~ ~ I f f F 6 d t 1 F 111 ~'l''~~~, On this -f ~~x day of ~'Y~ ~2; ~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_ Notary Public for Idaho Residing at: 1~'y1x _~ Cr~~~- ~e.~. Commission expires: /~~ --~ S =, % ~ 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 Printed on recycled paper