HomeMy WebLinkAboutSewer Late Comers Agreement Cris D and Maria A Williams for Lansbury Lane Sub~~coR~~a - ~~a~~sz o~
MMRIDI~11 CITY
SEWER LATE COMERS AGREEMENT
LANSBURY LANE SUBDIVISION
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This Agreement made and entered into this ~ `day of ~G~ob~' 2001, by and between
CRI5 D. AND MARIA A. WILLIAMS, hereafter referred to as "Developer", and the CITY OF
MERIDIAN, hereafter referred to as "City"
WITNESSETH:
WHEREAS, the City limits extend north of Cherry Lane and west of Meridian Road, including
Lansbury Lane Subdivision ,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 1994 the Developer extended sewer line(s) from existing sewer lines} to an
area north of Cheery Lane and west of Meridian Road, which sewer line extensions were able to
provide service to land north of Cherry Lane and west of Meridian 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 Developer in 1994 will benefit other
land than only the land developed by Developer; that the land that can be served by the 1994 sewer
line(s) is shown in Exhibit "B", which is attached hereto and by this reference incorporated herein as if
set forth in full; that the land totals approximately 38.81 acres which, if developed under the zoning
shown on Exhibit "C", which is attached hereto and by this reference incorporated herein as if set forth
SEWER LATE COMERS AGREEMENT Page - 1
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in full, with densities allowed in the zones shown on Exhibit "C", there could be 115 equivalent
residential units (ERU) in the 38.81 acres; that the Developers subdivision(s) consists of 41 ERU in
13.59 acres; that on the basis 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, there could be 74
ERU in 10 years; and
WHEREAS, the total cost of constructing the 1994 sewer line(s) was borne by Developer at a
cost of $27,563.65; whereas the sewer line(s) will benefit Lansbury Lane Subdivision which is being or
has been developed by Developer and that subdivision will coptain 41 ERU on 13.59 acres, or 35.02%
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 subdivision would be $9,652.79; that by subtracting the
$9,652.79 from the total cost of $27,563.75, the total cost to all late comers is $17,910.86; and then
dividing the remaining projected number of ERU of 74 that could be served by the sewer line(s), there
should be a late comers fee of $242.04, plus interest, per ERU as shown in Table II. of Exhibit "C";
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 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 a~ 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 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 I~REBY AGREED AS FOLLOWS:
1. 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 trunk sewer line(s)
shown in Exhibit "A", and which will benefit the land shown in Exhibit "B" .
3. The Developer has contributed $27,563.65 to total construction costs of the above
sewer line(s) of which Developer is entitled to be reimbursed the sum of $17,910.86 plus interest, as
shown in Exhibit "C", which represents land that could be served by the sewer line extensions} but is
not included in Developer's subdivision.
4. That for all ERU in the land in Exhibit "B", subsequently connecting to the sewer
line(s) referred to in Exhibit "A", except the land in Lansbury Lane Subdivision ,the City will charge
the sum of $242.04 plus interest, per ERU as shown in Table II. of Exhibit "C' ;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 "C" 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 "LANSBURY LANE SEWER PROJECT
REIlVIBURSEMENT ACCOUNT" and shall be distributed quarterly to the Developer.
6. That the late comer fees assessed, which will go into the LANSBURY LANE
SEWER LATE COMERS AGREEMENT Page - 3
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SEWER PROJECT REIlVIBURSEMENT ACCOUNT, shad increase at a rate of 4% per annum;
the late comer fees for years 1 through 10 are shown in Table tI of Exhibit "C";
7. That the late comer fees 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 "B", except the land in
Lansbury Lane Subdivision .
8. That the City shall charge the LANSBURY LANE SEWER PROJECT
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
pwsuant 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 agrees 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 sole cost and expense.
11 The term of this Agreement shall be until Developer has been reimbursed the principal
sum of $17,910.86 plus interest, as determined in Paragraph 6, less the 10% administrative fee or, if
this is not achieved, for a period often (10j years. 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 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. 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 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 Z3 day of 0~~-ober , 2001.
BY:
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MERIDIAN
ATTEST:
STATE OF IDAHO,)
County of Ada, )
ss.
.T D. CORRIE, MAYOR
LIAM G. BERG, JR., T LERK
~~a-vac hr~ G~j ~~.rcli Lv-23..-01
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., 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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SEWER LATE COMERS AGREEMENT Page - 5
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C'RIS D. AND MARIA A. WILLIAMS
By
CRIS D. W1I,LIAMS
By ~ 0
MARIA A. WII,LI S
STATE OF IDAHO,) ss.
County of Ada, )
On this L~.'day of ~~~~ , 2001, before me, the undersigned, a Notary Public in and
for said State, personally appeared Cris D. and Maria A. Williams, and who executed the within
instrument, and acknowledged to me that they had 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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LAN5BURY LANE SUBDIVISION
FEE COMPUTATIONS
EXHIBIT C
AREA DETERMINATION:
DEVELOPER'S AREA & ERU DETERMINATION
Table I
PARCEL REFERENCE ZONE ACRES DENSITY ERU's % OF TOTAL
Lansbury Lane Sub. R-4 13.59 3.02/Ac. 41 35.02
TOTALS 13.59 41 35.02
LATE COMER'S AREA &ERU DETERMINATION
PARCEL REFERENCE ZONE ACRES DENSITY ERU'5 % OF TOTAL
"A" (Salisbury Lane Sub.) R-4 13.78 2.83/Ac. 40 35.51
"B" R-4 11.44 f2.93/Ac. 34 29.48
TOTALS 25.22 74 64.98
Table II
(Developer's Area Total + Late Comer's Area Total =Total Service Area)
13.59 Acres + 25.22 Acres = 38.81 Acres
DEVELOPER'S OFF-SITE SEWER CONTRIBUTION;
$27,563.65 Verified from Billings
DISTRIBUTION OF DEVELOPER'S CONTRIBUTION:
Developer's Off-Site Sewer Contribution: $27,563.65
Developer's Actual ERU's: 41
Developer's Percentage of Total Service Area: 35.02%
Developer's Share of Off-Site Construction Cost: =35.02% x $27,563.65 = $ 9,652.79
Latecomer's Share of Off-Site Construction Costs=64.98%x $27,563.65 = $17,910.86
LATE COMER FORMULA:
(Latecomer's Share of Off-Site Construction Cost /Late Comer's ERU's =Late Comer Fee)
$ 17,914.86 / 74 ERU = $ 242.04 per ERU
Assume pay back period. often years and an overall rate of growth of 100% within the latecomer area
over that ten years.
Page 1 of 2
RF.lansbury-latecomers-sewer EadyC
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REIlVIBURSEMENT SCHEDULE:
The fees assessed to each latecomer shall be adjusted annually on October 1s`, at a rate of 4.00%
per annum. The latecomer fees shall be as follows:
Effective Date Latecomer Fee per ERU
October 1, 1999 $242.04
October 1, 2000 $251.72
October 1, 2001 $261.79
October 1, 2002 $272.26
October 1, 2003 $283.15
October 1, 2004 $294.48
October 1, 2005 $306.26
October 1, 2006 $318.51
October 1, 2007 $331.25
October 1, 2008 $344.50
Table III
Page 2 of 2
RF.lansbury-latecomers-sewer ExhC
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1993
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 W. Bower Street
888-3579/fax 898-5501
Planning
660 E. Watertower Lane
Suite 202
884-5533/fax 888-6844
ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 1
BOISE IDAHO 03/09/06 02:08 PM
DEPUTY Neava Haney
RECORDED-REQUEST OF III IIIIIIIIIIIIIIIIIIIIIIIIIIII I
Meridian Cary 10636632
RELEASE OF AGREEMENT
SEWER LATECOMERS AGREEMENT
For LANSBURY SUBDIVISION
Agreement between
CITY OF MERIDIAN
CRIS D. AND MARIA A. WILLIAMS.
The agreement entered into October 23, 2001 by and between the CITY of
MERIDIAN, a municipal corporation of the State of Idaho, and Cris D, and Maria
A. Williams has been satisfied by the City of Meridian. We reque~i<>< '"" ""`~,~ ;.,
the agreement recorded 11/1/2001 under your instrument numbe~>r~$1 ~~'~ -~ ''r
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STATE OF IDAHO )
SS
County of Ada )
~y~,~l~~C~~~ p.,~~ ~ ~,' .
~~ ~<'3
G. Berg, Jr. - ~i y lerk ~~
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On this day of Y~LL~LGh , 2006, before
P~t«e
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 884-1159
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
instrumern or the person that executed the instrumern of behalf of said City, and
acknowledged to me that such City executed the same.
~~i m ~ Yti~~~`f '~
Notary Public for Idaho
Residing at: fi~~U~c~~ t )o~~
Commission expires: ~ (~ - I S -~ ( l
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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