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Home My WebLink AboutSewer Late Comers Agreement with OM NAMAH LAXMI L.C for Holiday Inn Express~=_ r z -; .~D j QA MAVARRO ER ~t715~. i0~3~~~) ~~~ 1~111,9L 19 PM 3~ I I 1010?2402 SEWER LATE COMERS AGREEMENT This Agreement made and entered into this 2~ day of (nanl~.. 2001, by and between OM NAMAH LAXMI L.C., an Idaho Limited Liability Corporation, hereafter referred to as "DEVELOPER", and the CITY OF MERIDIAN, hereafter referred to as "CITY" WITNESSETH: WHEREAS, the City limits extend east and west of Eagle Road, and north and south of Interstate 84, 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, the Developer extended a sewer main south in Allen Street, from an existing sewer main in Magic View Drive, as shown in "Exhibit B", which sewer main extension will be able to provide service east and west of Allen Street and north and south of Gentry Way 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 11.83 acres, of which the Developer Area is approximately 1.65 acres or 13.9 % of the Total Service Area as shown in Exhibit "C" which is attached hereto and by this reference incorporated as if set forth in full. WHEREAS, the sewer main constructed by the Developer will benefit other land than just the land being developed by Developer; and WHEREAS, the total cost of constructing the sewer main was born by Developer; that portion of the cost which will benefit land other than Developer's is $19,473.24; whereas with a Late 1 Holiday Inn.SEWER-AGREEMENT RECQR~E~ ~ REflUESt 09= p~RtO1~V (•~ Y FEE ,, ~_,.Q'~.P.11.~:Y 'w , ~, Comer's Area of 10.18 acres and with an unpaid balance of $19,473.24 there could be a Late Comers Fee of $1,912.87 phis interest, per acre, and/or portion thereof; that the sewer main will benefit land owned by the Developer and the benefit to the Developer's land has been reflected in this Agreement; and WHEREAS, Section 9-4-19 ofthe Sewer Ordinance provides that the City may enter into sewer main extension and reimbursement agreements and that section further provides that sewer users who subsequently connect to the extended sewer mains shall be charged an eight (8) inch diameter sewer main equivalency fee; said fees are in addition to the connection and user chazges normally assessed a user due to the fact the user has not contributed to the cost of the extended main; 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 mains. WHEREAS, pursuant to 9-4-18, 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 cormect to the City sewer system, shall be required to pay an additional connection chazge 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 aze contractual and aze incorporated herein as if set forth in full. 2. That the Developer has engineered, planned, and constructed the sewer main described in Exhibit "B, and which will benefit the land shown in Exhibit "A". 3. The Developer has contributed $19,473.24 in construction costs for that portion and 2 Holiday Inn.SEWER-AGREEMENT ti, size of the above main, which represents land that could be served that is not included in Developers land 4. That for all development of the land described in Exhibit "A", except the land owned by the Developer, the City will charge the sum of $1,912.87 plus interest, per acre, and/or portion thereof as shown on 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 9-4-19 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 "C" 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 "OM NAMAH LAX1vII, L.C. SEWER PROJECT REIMBURSEMENT ACCOUNT" 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 agreemetrt, and shall be distributed quarterly to the Developer. 6. That the late comer fees which go into the "OM NAMAH LAXMI, L.C. SEWER PROJECT REIMBURSEMENT ACCOUNT" shall increase at a rate of 4% per annum as shown in table III of Exhibit "C". 7. That the late comer fees shall be collected by the City from all users subsequently connecting to the main in Exhibit "B" for parcels of land described in Exhibit "A", except the land owned by the Developer. 8. That the City shall charge the "OM NAMAH LAXIVII, L.C. SEWER PROJECT REIMBURSEMENT ACCOUNT" 10% administrative charge as authorized under 9-4-19A4. 3 Holiday Ion.SEWER-AGREEMENT `* ~ `C 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 main referenced in Exhibit "B" 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 $19,473.24 plus interest, as determined in Paragraph 6, less the 10% administrative fee, or, if this is not achieved, for a period often (10) 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 may be extended 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. DATED this25~day of ~'^"'`~~ , 2001. 4 Holiday Inn.SEWER-AGREEMENT .. ,,: 4~ CITY OF MERIDIAN ~j' ~~' r`-'' D. CORRIE, MAYOR '~ ~ LLIAM G. BERG, JR., CITY CLERK ~~~~ ~~'~ .~.....~ ~' Ci~,,~ Cow~ul /~~pwvtd 7~~3'0~ .k~ " '~~ '~~f''@'8~'~ OM NAMAH LAXMI, L.C. By; ti Patel, ember By; 5 Bhark Patel, Member Holiday [an.SEWER-AGREEMENT 4~ STATE OF IDAHO,) . ss. County of Ada, ) On this .S~day of Jk~ i , 2001, before me, the undersigned, a Notary Public in and for said State, personally ap eared 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. ~' ~~v %~~ ~oT~Rr ~: SEAL e * ..•~ * = NOT Y BLIC FOR IDAHO pUHL1G ~ RESI IN AT Cria~ia~ ~•.,~,n~ ~p r MY CO SSION EXPIRES v y a o 0 ~'~'•aT8 OF 19R~ ~~ STATE OF IDAHO,) County of Ada, ss. On thiday of , 2001, before me, t~undersigned, a Notary Public in and for said State, personally appeared ~ ~. ~i ~ ~ C~~ , a°d ,known to me to be the Members of, OM NAMAH LAXMI, L.C., 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. 9a~,esaca¢a®~'aA ~~`@ ~";~ ~,os,~®gq~'~'~'®~oo®c~au~''=~~,,. ,~ c '~ *' SEAL A v~ ~~p'~ .~. & - 6, r • ~, n NOTARY PUB I FOR IDAHO RESIDING A i Lam. MY COMMISSION EXPIRES O' - 6 Holiday Im.SEWER-AGREEMENT ~~ ,~ w z 3 a~ U O .r .~ O Z e~ d L d V d h 0 et 00 C ~~ x W H ~y L = ~ ~ W W ^~ L ~ ~ _ 3 0 = as w~ I~,. a. ao .. .~ ^~ s W y O_ H ~y i = ~ ~ W ~ W ~ _ _ ~- ~~ ~L ~, 0 3 = as ~~ .p~ a~fi~3 S„ "EXHIBIT C" HOLIDAY INN EXPRESS - OM NAMAH LAXMI LC SEWER MAIN EXTENSION LATE COMER'S AGREEMENT FEE COMPUTATIONS AREA DETERNIINATION: DEVELOPER'S AREA PARCEL NUMBER ZONE ACREAGE % OF TOTAL 85443010133 (Map Reference ID# 8) C-G 1.65 13.9 Table 1 LATE COMER'S AREA PARCEL NUMBER ~nx~ A('RFA(.F % (lF T(ITAT 85702910040 (Map Reference ID# 1) C-G 0.56 4.7 85702910050 (Map Reference ID# 2) C-G 0.49 4.1 85702910020 (Map Reference ID# 3) C-G 0.70 5.9 85702910010 (Map Reference ID# 4) C-G 2.60 22.0 85443010114 Portion (Map Reference ID# 5) C-G 2.05 17.3 85443010125 (Map Reference ID# 6) C-G 1.77 15.0 85443010128 (Map Reference ID# 7) C-G 2.01 17.0 TOTALS 10.18 i sole u (Developer's Area Total + Late Comer's Area Total =Total Service Area) 1.65 Acres + 10.18 Acres = 11.83 Acres DEVELOPER'S CONTRIBUTION: $22,617.00 Verified from Billings PORTION OF DEVELOPER=S CONTRIBUTION ELIGIBLE FOR REIMBURSEMENT (Developer's Contribution -Developer's Percentage of Total Area =Eligible Reimbursement) $22,617.00 - 13.9 % ($3,143.76) _ $19,473.24 Page 1 ~F? LATE COMER FORMULA: (Eligible Reimbursement /Late Comer's Service Area =Late Comer Fee) $19,473.24 / 10.18 Acres = $1,912.87 per Acre REIMBURSEMENT SCHEDULE: The Developer paid the costs of installing the sewer line. The Latecomer Fee paid by each pazcel, or portion thereof; who connects to the subject sewer 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 as follows: Effective Date Latecomer Fee per acre October 1, 1999 $ 1,912.87 October 1, 2000 $ 1,989.38 October 1, 2001 $ 2,068.96 October 1, 2002 $ 2,1 S 1.72 October 1, 2003 $ 2,237.79 October 1, 2004 $ 2,327.30 October 1, 2005 $ 2,420.39 October 1, 2006 $ 2,S 17.21 October 1, 2007 $ 2,617.90 October 1, 2008 $ 2,722.62 Table lII Page 2 f H. ^(~? t,, CITY OF R~!l7~! ., ~, ~Y1G~1~17 ~\~I ~, ~ IDAHO } tiF ~~ CFN'~R ~~` TRE~SUfiE V BEY SINLE 1903 MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Keith Bird Joseph W. Borton Charles M. Rountree Shaun Wardle CITY DEPARTMENTS City Attorney/1-112 703 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 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 888-2].91 /fax 884-0744 - Water 2235 N.W. 8th. Street 888-5242/fax 884-1159 ADA COUNTY RECORDER J. DAVID NAYARRO AMOUNT .00 ' BOISE IDAHO 03/09106 02:08 PM DEPUTY Neava Haney III IIIIIIIII IIIIIIIIIIIIIIIIIII'll III RECORDED-REQUEST OF 10603662b Meridian City RELEASE OF AGREEMENT SEWER LATECOMERS AGREEMENT HOLIDAY INN EXPRESS Ageement between CITY OF MERIDIAN OM NAMAH LAXNII, L.C.. The ageement entered into June 25, 2001 by and between the CITY of , , , , , , ; MERIDIAN, a municipal corporation of the State of Idaho, and Omt N' Laxmi, L.C. has been satisfied by the City of Meridian. We req , '' <~ " e~, the ageemem recorded 7/19/2001 under yo instrument numblu~ ~403.~ . I `~. ~__ ~ _ - ~~ .~ STATE OF IDAHO ) 33 County of Ada ) William G. Berg, Jr. C ~ a'` ~ ~ _ ~~ 1 , ti ~~~~~Irtlta ISgs,t11`~n On this (1) ~h day of m Q ~h , 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. (SEAL) ~ 4, .-----. • ;~~, 'pTA~'~~'~,,: ,~., . ~ ~ ~ ~ ~ i, ~ ~ ~ ; ~ ^ • ~ i • ~ ~ ~ • • ,~ `jai •~,~.1~~,ZG,;~ ¢,•~ otary Public r Idaho Residing at: 7 Commission expires: i 6-I 1- ~ 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