HomeMy WebLinkAboutWater Late Comers Agreement with Sundance Investments for Five Mile~~ OCT 03 '02 16 12 FR PUBLIC W~CS 2088871297 TO 3227307 P.02i10
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WATER LATE RSA NT
FIVE MILE ROAD WATER LINE EXTENSION
SUNDANCE INVESTMENTS LIlI~ITED PARTNERSHIP
This ,A-greement made aad entered into this ~~day of _ ~'~-o ~ e ~ 2002, by atad between
SUNDANCE INVESTMENTS LIMITED PARTNERSHIP, an Idaho Limited Partnership,
herea8er referred to as "Developer", and the Cl<T'Y OF MERIDIAN, herea#Ier referred to as "City"
WITNESSETH:
WHEREAS, the City limits exxend east of Eagle Road, but prior to this Agreemerrt and the
construction referred to herein, such area was not provided water service by the City; and
WHEREAS, the Developer constructed a water line from an existing water line to an area, east
and 'west of Eagle Road and south of Overland Road as shown in "Exhibit A", which water line is
able to provide service to land north and swth of Overland Road 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 460.48 acres which, if developed under the land use density
projections shown on Exhibit "B", which is attached hereto and. by this reference incorporated herein as
if set forth in full, with land use densities shown on Exhibit "B", there could be 637 equivalent
residential units (ERU) in the 4b0.48 acres; that the Developers subdivision(s) consists of 48 ERU;
that on the land not iaciuded in the Developer's subdivision, there could be 539 ERU; and
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'I~VATER LIl+IE LATE COMERS AGREFII~NT Page -1 of 6
OCT 03 '02 16 12 FR PUBLIC WORKS 2088871297 TO 3227307 P.03i10
WHEREAS, the water line constructed by the Developer will benefit land other than only the
land developed by Developer; that the land that can be served by the said water line is shown in Exhibit
"A"; that the developable land that cart be served by the water line could contain 637 ERU's; that the
existing developed areas that eventually connect to the water line serviced by the City will be subject to
the latecomer fees descnbed herein.; that 68'/0 of the land riot included in the Developer's subdivision
would be developed in ten years, the term a late comers Agreement is allor~ved to run, and
WHEREAS, the total cost of constructing the said water line borne by the Developer was
5304,743.00; whereas the water line will benefit the Developer's Subdivision(s) which could contain
98 ERU''s, or 15.4°/a of the total area to be benefited by the constriction of the water line; therefore the
cost to Developer to construct the water line to his own subdivision(s) would be $4b,8$3.54; that by
subtracting this amount as the total Deveioper"s cost shire, the total cost to all late comers is
$257,859.46; and then. dividing by 68% of the remaining number of ERU's that could be served by the
water line; and then adding a 5% administrAtion fee to be included with each Late Comer payment
(City Code Section 9-1-13 ), there should be a late comers fee of $733.90, plus interest, per ERLT as
shown in Exhibit "C"; and
WfIEREAS, Section 9-1-13 of the Water Ordinance provides that the City may enter itrto
water line extension and reimbursement agreements and that section further provides that water users
who subsequently connect to the extended water links) shaIl be charged aza eight (8) 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 Lute; the above
fee is hereafter refe~ed to as "Late Comer Fee"; the above ordinance section provides that the late
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WATER LINE LATE COMERS A,GP-I~MENI" Page - 2 of 6
OCT 03 '02 16 12 FR PUBLIC WORKS 2088871297 TO 3227307 P.04i10
comers fee may be used to reimburse the person or persons so eacterrding the water litte(s}.
WHEREAS, pursuant to Section 9-1-12 of the Water Ordinance, the City is required to
charge a Water Construction Equivalency Fee to arty person or property owner who has not otherwise
paid for, or contributed proportionately toward the costs and eacpenses 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 connect to the City water system, shawl
be required to pay a>IZ additional connection charge which shall. be known and referred to as the "Water
Construction Equivalency Fee".
NOW, TI~REFO}tE, IT IS HEREBY AGREED AS FOLLOWS:
1, The above recitals are cotmraCtuat and are incorporated herein as if set forth in full.
2. That the Developer has paid for engineering, planning and construction of the water
line shown in Exhr`bit "A", and which will beneflit the land also shown in Exhibit "A".
3. The Developer has contributed $304,743.00 to total construction costs of the said
water line, of which Developer is entitled to be reimbursed the sum of $257,859.46 plus interest, which
represents land that could be served by the water tine but is not included in Develloper's subdivision.
4. That for ail land in Exhibit "A" subsequently connecting to the water line referred to in
Exhibit "A", except the land in Developer's Subdivisions}, the City will charge the sure of $733.90
plus interest, per ERU as shown in Exhibit "C"; such users shall hereafter be referred to as "LATE
COMERS'; t#tat the charge is the water construction equivalency fee authorized in 9-1-12 and
established by this Agreement, which fee shall herein be referred to as "LATE COMERS FEE' ;the fee
is in addition to auy other water charges for cont~on to the water systerr~ the computation of the
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'WATER L1NE LATE CON~RS AGREEMENT Page - 3 of b
OCT 03 '02 16 12 FR PUBLIC WORKS 2088871297 TO 3227307 P.05i10
Late Comers Fee is shown on Exhibit "C" attached hereEo and by this reference incorporated herein.
5. 'T'hat all the late comer fees assessed above in Paragraph 4 shall be set aside and
deposited to a special account to be designated the "FIVE 1VT:YLE ROAR WATER LINE
EXTENSION (SUNDANCE) PROJECT REIMBURSEMENT ACCOUN'T'" and shall reflect
irnerest at a rate of 6% to be accrued on the unpaid balance once a year at the City's Fiscal Year End
(9/30) each year for the term ofthe agreement, and shall be distributed quarterly to the Developer.
6. That the late comer fees assessed, which will go into the FIVE 1VIILE ROAD
WATER LINE EXTENSION PROJECT (SUNDANCE) REIlVTSURSEMENT ACCOUNT,
shall increase at a rate of 6% per annum as shown in Table l: of Exhibit "C".
7. That the late comer fees shall be collected by the City from all users subsequently
connecting to the water line shown irx Exhibit NA" for the land also shown in Exhibit "A", except the
1$nd in Developer's Subdivision
8. That the City shall charge the FPVE lbiII,E ROAD WATER LINE EXTENSION
(S'f7NDANCE) PROJECT RE~'1VIBUitSEMEN'T ACCOUNT the 5% fee authorized by 9-1-13 .
9. That the City shall have prepared on an acmual basis an audit of all fluids collected
pursuarrt 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.
1~. It is agreed that the water line(s) referenced in F.,xiubit "A" is the property of the City
and shall hencefoitl~ be maintained by the City at its sole cost and expense.
11 The team of this Agreement shall be until Developer has been reimbursed the principal,
sum of $232,328.82., plus Interest, as determined in Paragraph 6, less the 5% administrative fee or, if
WATERLINE LATE COMERS A Page - 4 of 6
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OCT 03 '02 16 12 FR PUBLIC WORKS 2088871297 TO 3227307 P.06i10
this is not achieved, for a period often (10) years or, until such time the water line desen~bed herein is
abandoned. If the Developer has not been reimbursed the principal sum plus merest less
administratirre fees after ten (10) years $'om the date of this Agreement, the Agree~np~t may be
xeaewed 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
agreemetrt shall have a ten year life span.
12. This Agreement shall be binding on the assigns and successors ofthe parties hereto.
DATED this ~ day of 0 c~ o b 2i _ _ , 2402.
BX: C OF MEIEtIDIAlY
`~~.~`~y ,C7F n~RIp~~''%,~ OBERT D. CORRIE, MAYOR,
ATTEST: `?°~p~ r~° '--
- SLAL = .~~~~--~-
-~ ~o~ VVII,LIAM G. BERG, JR., CLERK
'-->, ~ ,city Cout~Gil: _ l D --lS -D~
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SUNDANCE INVES1fi~NTS LIl~IITED PARTNERSHIP
(corporate seal)
By _ .
R Andersen, 'Vice President of
Sundanee Corxxpany, an authorized agent
of Sundance Investments Limited Partnership
WATER LINE .ATE COMERS AGR~T page - 5 of 6
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OCT 03 '02 16 12 FR PUBLIC WORKS
STATE OF IDAHO,)
County of Ada, }
ss.
2088871297 TO 3227307 P.07i10
On this ~ Y of Vd~ l , 2002, before me, the undersigned, a Notary Public in
and for said State, personally appeared ROBERT D. CORRIE said V~.LIAM G. BERG, JR, known
to me to be the lVlayor and City Clerk of the Ci'I1' pl+ MERIDIAN, Idaho, and wlto executed the
within i~nstroment, and acknowledged to me that the C~.TY OF MERIDIAN executed the same.
IN WiTNBSS WHEREOF, i have hereunto set my hand arrd affixed my official seal the day
and year first above written.
°°~ N S °°° ~ ~~,
SEA- ~ ~ ~ ~ NOTARX PE1BLiC F R iA O
• ~ 1' 1ESIDING AT ~~
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STATE OF IDAHO,)
County of A,cla, )
SS.
On this ~ day o£ Cam'-~~c~ ,,~, 2002, before me, the undersigned, a Notary Public in and
for said St~tey personally appeared Ryan Anderson, known to me to be tYze Presiderrt of THE
SUNDt~1NCIC Il~TY~STNiEI~TS LIIVIII'ED IPA.RTNERSHll', and who executed the within
instrument on behalf of said Limited Partnership, and aclrnowlEdged to me that said Limited
Partnership executed the same.
iN WITNESS WIiEREOF, I have hereunto set my hand and aff~ed taty official seal the day
and year first above written.
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NOTARY P IC FOR IDAHO
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MY CO]V11~IISSiON E?~PIRE5 \ z - ~ lQ ~ _
WATER LINE LATE COMERS AGREEMENT
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Page ~ 6 of 6
OCT 03 '02 16 12 FR PUBLIC WORKS 2088871297 TO 3227307 P.08i10
Sundance Rnvestments Limited partnership
Latecomer's Agreement
Exhibit "A"
Latecomer's Area
0 1000 2000 3000 4000 Feet
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Sundance Investments Limited Partnership -Water Latecomer Agreement
SILVERSTONE SUBDIVISION WATER LATECOMER ERU CALCULATIONS
Developer: Sundance Development Co.
Running Count
Parcels from Ada County GIS Mapping ERU's Projected Projected Total Likely to Develop of Parcels Likely
Primowner Acreage Land Use per acre ERU's Latecomer Payment Within 10 Years? To Develop
S
I ATFCAMFR PARCFI C
7.83 I MU I 1.14
GRIFFIN JAMES F 83.57 MU 1.14 95 $66,400 Y 95
KEPUS CHRISTOPHER J 8 KATHLEEN M 67.81 MU 1.14 77 $53,819 Y 172
IDAHO ELKS REHAB HOSPITAL INC 52.62 MU 1.14 60 $41,937 Y 232
VAN AUKER RONALD W 32.90 MU 1.14 38 $26,560 Y 270
VAN AUKER RONALD W 16.17 MU 1.14 18 $12,581 Y 288
KENAI PARTNERS LLC 12.30 MU 1.14 14 $9,785 Y 302
RACKHAM L L C 10.91 RES 2.8 31 $21,668 Y 333
SUTHERLAND FARM, INC. 10.24 MU 1.14 12 $8,387 Y 345
KENAI PARTNERS LLC 10.01 MU 1.14 11 $7,688 Y 356
COULTER KENNETH D & CONNIE 9.91 MU 1.14 11 $7,688 356
TERTELING COMPANY INC 9.90 RES 2.8 28 $19,571 Y 384
KEPUS CHRISTOPHER J 8 KATHLEEN M 9.77 RES 2.8 27 $18,872 Y 411
SPOFFORD CONNIE L & PHILIP W 9.40 RES 2.8 26 $18,173 411
KENAI PARTNERS LLC 7.81 RES 2.8 22 $15,377 Y 433
RACKHAM LAWRENCE H & J'DEANNE F TRUST 4.44 RES 2.8 12 $8,387 433
RACKHAM L L C 4.19 RES 2.8 12 $8,387 433
VAN AUKER RONALD W 2.98 MU 1.14 3 $2,097 Y 436
ADA COUNTY HIGHWAY DISTRICT 2.89 0 0 $0 436
ADAMS WILLIAM B & IRENE F 2.02 RES 2.8 6 $4,194 436
HUTT DONALD O 8 KARYN MARIE 1.86 RES 2.8 5 $3,495 436
TIBBETTS JERRY L & CAMILE A 1.76 RES 2.8 5 $3,495 436
COLUMBIA INVESTMENT LLC 1.67 RES 2.8 5 $3,495 436
BARYON LEWIS E & MARY ANN 1.63 RES 2.8 5 $3,495 436
COLUMBIA INVESTMENTS LLC 1.45 RES 2.8 4 $2,796 436
GREEN ROBERT W & ELIZABATH A 1.01 RES 2.8 3 $2,097 436
KELLER LANCE 1.00 RES 2.8 3 $2,097 436
VAN AUKER RONALD W 1.00 ~ RES 2.8 1 $699 436
BEITZ LEONARD F 8 NANCY H 1.00 RES 2.8 1 $699 436
KELLER LANCE H 0.99 RES 2.8 1 $699 436
FAZENBAKER GARY L & DEBRA G 0.79 RES 2.8 1 $699 436
SWEET JAMES EDWARD JR 6 JOY 0.60 RES 2.8 1 $699 436
SWEET JAMES E JR & JOY L 0.43 RES 2.8 1 $699 436
OVERLAND WAY HOA INC 0.08 0 0 $0 436
OVERLAND WAY HOA INC 0.03 0 0 $0 436
40V.D0 acres wi CRV-S CRUBIIKely iO Oevelpp: 4J0
Total Projected ERU's: 637
Likely to develop w/in 10 Yrs: 68
" Denotes portion within latecomers area
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Page 1 silverstone H2O LC.10-8-02.xls 10/8/2002
"EXHIBIT C"
SUNDANCE INVESTMENTS L.P.
SILVERSTONE WATER LINE LATE COMERS' AGREEMENT
FEE COMPUTATIONS
AREA DETERMINATION:
Total Service Area = 460.98 Gross Acres
Latecomers Area =Total Service Area -Developer's Area
OF
TOTAL
TOTAL SERVICE AREA PROJECTED ER U's: 63 7 100.0
OF
TOTAL
DEVELOPER'S AREA PROJECTED ERU's: 98 15.4
OF
TOTAL
LATE COMER'S PROJECTED ERU's: 539 84.6
FEE COMPUTATION:
DEVELOPER'S CONTRIBUTION.• $ 304,743.00 Verified from Billings
PORTIONATTRIBUTABLE TO DEVELOPER'S SUBDIVISION.•
15.4% x $304,743.00 = $46,883.54
PORTION OF DEVELOPER'S CONTRIB UTION ELIGIBLE FOR REIMB URSEMENT.•
Total Service Area (100%) -Developer's Percentage =Percentage Eligible = 84.6%
84.6% x $ 304,743.00 =
$257,859.46
LATE COMER FORMULA:
(Eligible Reimbursement/Late Comer's Service AreaERU's =Late Comer Fee per ERU)
$ 257,859.46 = $478.40
539.00
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REIMBURSEMENT BASIS:
Assume payback period often years and an overall growth rate of 68%
within the Late Comer area over that ten years. The Adjusted Late Comer
fee per ERU =
$ 478.40 = $698.95
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ADMINISTRATIVE FEE:
An administrative fee will be added to the latecomer fee to cover costs to the 5%
Latecomer Fee w/ City Administration Cost:
$698.95 x 5% _ $733.90
REIMBURSEMENT SCHEDULE:
The Developer paid the costs of installing the water line. The Late
Comer fee paid by each parcel, or portion thereof, who connects to the
subject water 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 6%
The latecomer fees shall be:
Effective Date Latecomer Fee per ERU
October 1, 2002 $733.90
October 1, 2003 $ 777.93
October 1, 2004 $ 824.61
October 1, 2005 $ 874.09
October 1, 2006 $ 926.53
October 1, 2007 $ 982.12
October 1, 2008 $ 1,041.05
October 1, 2009 $ 1,103.51
October 1, 2010 $ 1,169.72
October 1, 2011 $ 1,239.91
Table I
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