HomeMy WebLinkAboutWater Late Comers Agreement with Skyline Development for Landing Sub No 7CITY OF
IDAHO
F
CFS eR /u TREASURE V num
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
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 884-1159
ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00
BOISE IDAHO 03/09/06 02:08 PM
DEPUTY Neave Haney III IIIIIIIIIIIIIIIIIIIIIIIIIIIII II III
RECORDED -REQUEST OF
Meridian City 106036622
RELEASE OF AGREEMENT
WATER LATECOMERS AGREEMENT
For LANDING SUBDIVISION NO.7
Agreement between
CITY OF MERIDIAN
Skyline Development Company an Idaho Limited Partnership
The agreement entered into October 23, 2001 by and between the CITY of
MERIDIAN, a municipal corporation of the State of Idaho, and Skyline
Development Company has been satisfied by the City of Meridian-,*
YOU release the agreement recorded 11/1/2001 under your instruTie
#101114961.
William G. Berg, Jr. CI -y Cl',+
STATE OF IDAHO )
: ss
County of Ada )
On this U*" day of MO -rd-) , 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.
Y I _Lc _0
otary Public for Idaho
Residing at: 02-1 0111W, ID
Commission expires: 16-11-1
CITY FALL 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
RECORDED- REQUEST CF
!, ,�'"OUNTY REuD'RD";t
J, D uID °4'Ei C EEEDEPUTY
Z091 NO -1 Ph 1: 4 5 71 101 1 1 L196
MERIDIAN CITY
WATER LATE COMERS AGREEMENT
LANDING SUBDIVISION NO. 7
This Agreement made and entered into this &3 &day of Oe�ober 2001, by and between
SKYLINE DEVELOPMENT COMPANY, an Idaho Limited Partnership, hereafter referred to as
"Developer", and the CITY OF MERIDIAN, hereafter referred to as "City"
WITNESSETH:
WHEREAS, the City limits extend south of Pintail Drive and east of Linder Road, including
Landing Subdivision No. 7, 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 1994 the Developer extended water line(s) from existing water line(s) to an
area south of Pintail Drive and east of Linder Road which water he extensions were able to provide
service to land south of Pintail Drive and east and west of Linder 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 1994 will benefit other
land than only the land developed by Developer; that the land that can be served by the 1994 water
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 36.3 acres which, if developed under the zoning
shown in Table I on Exhibit "C", 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 "C" here could be
LATE COMERS AGREEMENT Page - 1
MW W F,A9CMVMW ,
121 equivalent residential units (ERU) in the 36.3 acres; that the Developer's subdivision(s) consists of
45 ERU in 12.4 acres; that 50% 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 38
ERU in 10 years; and
WHEREAS, the total share of the cost of constructing the 1994 water line(s) borne by
Developer was $32,195.05; whereas the water line(s) will benefit Landing Subdivision No. 7 which are
being or have been developed by Developer and those subdivisions will contain 45 ERU on 12.4 acres,
or 37.2% of the total projected ERU to be benefited by the construction of the water line(s); therefore
the cost to Developer to provide water service to his own subdivision would be $11,976.56; that by
subtracting the $11,976.56 from the total cost of $32,195.05 and then dividing the remaining projected
number of ERU of 38 that could be served by the water line(s), there should be a late comers fee of
$532.07 plus interest, per ERU as shown in Table II of Exhibit "C"; 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 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
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SAPublic Works\Robert_F1LateComers\RF.Landing-seven-latecomers-water Agreement.doc
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 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 "B".
3. The Developer has contributed $32,195.05 to total construction costs of the above
water line(s) of which Developer is entitled to be reimbursed the sum of $20,218.49 plus interest, as
shown in Exhibit "C", 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 "B", subsequently connecting to the
water line(s) referred to in Exhibit "A", except the land in Landing. Subdivision No. 7, the City will
charge the sum of $532.07 plus interest, per ERU as shown in Table H of Exhibit "C'; 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 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 "LANDING #7 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 year for the term of the agreement,
and shall be distributed quarterly to the Developer.
LATE COMERS AGREEMENT Page - 3
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6. That the late comer fees assessed, which will go into the LANDING #7 WATER
PROJECT REEMBURSEMENT ACCOUNT, shall increase at a rate of 4% per annum as shown
in Table II 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
Landing Subdivision No. 7.
8. That the City shall charge the LANDING #7 WATER PROJECT
REEMBURSEMENT 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 $20,218.49 plus interest, as determined in Paragraph 6, less the 10% administrative fee, or, until
r.46
the Z3 day of 04pbe.r , 2011 k . 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.
Developer shall not be entitled to any other fee or reimbursement for said water line.
12. This Agreement shall be binding on the assigns and successors of the parties hereto.
LATE COMERS AGREEMENT Page - 4
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M
DATED this23 day of Oc. c-ber , 2oo1.
..rrOle.
ATTEST:
A
A.
�c r ism ,
STATE OF IDAHO,)
ss.
County of Ada,)
D. CORRIE, MAYOR
WILLIAM G. BERG, JW, CITY CLERK
On thi*4 day of 4G i , 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..
P NOTARY PUBLIC FOR IDAHO
�,pT Ah p RESIDING ATG—
• * MY COMMISSION EXPIRES
*S
pUBL1G O
e)
t9..�.
LATE COMERS AGREEMENT Page - 5
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SKYLINE DEVELOPMENT COMPANY
(corporate seal)
By
ucker M. Johnson
Vice President of S e Corporation (the General Partner)
STATE OF IDAHO,)
ss.
County of Ada,)
On this 3 day of , 2001, before me, the undersigned, a Notary Public in and
for said State, personally appeared Tucker M. Johnson, known to me to be the Vice President of
Skyline Corporation, the General Partner of SKYLINE DEVELOPMENT COMPANY, an Idaho
Limited Partnership, and who executed the within instrument on behalf of said limited partnership, and
acknowledged to me that said limited partnership executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first above written.
01S Bgj��i�*y
Vii, s NOTARY PUBLIC FOR IDAHO
RESIDING AT f3b
MY COMMISSION EXPIRES
i :
S: 1'UBLIG �
•. 0 ,
LATE COMERS AGREEMENT Page - 6
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"EXHIBIT C"
SKYLINE CORPORATION (LANDING SUBDIVISION #7)
WATER LATECOMERS AGREEMENT
FEE COMPUTATION
Table I. AREA & ERU DETERMINATIONS (Includes Developer's Subdivision)
Area
No.
Description
Predominant
Zone
Projected
Density
ERU/Ac
Projected
ERU's
Projected
ERU's
ERU
% of
Total
1
West of Linder & Ustick
R-4
3.2
15.7
50
41.3
2
East of Linder & Ustick
R-4
3.2
8.2
28
21.5
3
East of Linder(Landing Sub. #7
R-4
3.6
12.4
45
37.2
TOTALS
36.3
121
100%
DEVELOPER'S AREA & ERU
Landing Subdivision No. 7
Average Density = 45 ERU / 12.4 = 3.6 ERU/Ac
ORIGINAL COST TO DEVELOPER:
Late Comer Agreement Preparation (688 x'/Z)
Amount Eligible for Reimbursement to Developer:
Original Developer's Projected ERU's:
Original Developer's Percentage of Total Service Area:
Original Developer's Share of Construction Costs:
Latecomer's Share:
LATECOMER UNIT COST FORMULA:
45 ERU 12.4 Ac
$344.00
$32,195.05
45
37.2
= 37.2% x $32,195.05 = $11,976.56
= $32,195.05 - $11,976.56 = $20,218.49
Assume payback period of ten years and an overall growth rate of 50% in latecomer area over that ten
years.
Unit Cost / ERU = Latecomer's Share - (Projected Latecomer ERU's x 50% Development)
COMPUTATION:
Unit Cost / ERU = $20,218.49 _ (76 x 50%) = $532.07
REIMBURSEMENT SCHEDULE:
Skyline Corporation paid the costs of installing the water line. The Latecomer Fee paid by each ERU
who connects to the subject water line will be paid to Skyline Corporation.
The late comer fee assessed to each Late Comer shall be adjusted annually on September 30 at an annual
percentage rate of 4%. The late comer fee shall be as follows:
Table II
Effective Date
Late Comer Fee
10/1/01
$532.07
10/1/02
$553.35
10/1/03
$575.49
10/1/04
$598.51
10/1/05
$622.45
10/1/06
$647.34
10/1/07
$673.24
10/1/08
$700.17
10/1/09
$728.17
10/1/10
$757.30