HomeMy WebLinkAboutWater Late Comers Agreement with MARVIN PETERSON AND JEAN H. PETERSON FAMII,Y LIMITED PARTNERSHIP for Vienna WoodsI~ ( RECa y
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WATER LINE LATE COMERS AGREEMENT
VIENNA WOODS SUBDMSION
This Agreement made and entered into this ~ day of EPT. 2001, by and between L.
MARVIN PETERSON AND JEAN H. PETERSON FAMII,Y LIMITED PARTNERSHIP, an
Idaho Limited partnership, and W.L. PETERSON FAMILY LIlVIITED PARTNERSHIP, an
Idaho Limited partnership, hereafter jointly referred to as "Developer", and the CITY OF
MERIDIAN, hereafter referred to as "City"
WITNESSETH:
WI-IEREAS, the City limits extend north of Ustick Road, but prior to this Agreement and
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
north of McMillan Road and east of Locust Grove Road, as shown in "Exhibit A", which water
line is able to provide service to land east and west of Locust Grove 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 325 acres, of which the Developer's Area is
approximately 80 acres or 24.6% of the Total Service Area as shown in Exhibit "A" which is
WATER LINE LATE COMERS AGREEMENT Page - 1 of 8
attached hereto and by this reference incorporated as if set forth in full.; and
WI~REAS, 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", which is attached hereto and by this reference incorporated herein as if set forth in full; that the
developable land that can be served by the water line totals approximately 325 acres; that the existing
developed areas that eventually connect to the water line serviced by the City will be subject to the
latecomer fees described herein; 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 r~urr, and
WI-iEREAS, the total cost of constructing the said water line borne by the Developer was
$158,456.86; whereas the water line will benefit Vienna Woods Subdivision which contains 80 acres,
or 24.6% of the total area to be benefited by the construction of the water line; therefore the cost to
Developer to construct the water line to his own subdivision would be $38,971.07; that by subtracting
this amount as the total Developer's cost share, the total cost to all late comers is $119,485.79; and
then dividing by 50% of the remaining number of acres that could be served by the water line, there
should be a late comers fee of $974.28, plus interest, per acre 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
WATER LINE LATE COMERS AGREEMENT Page - 2 of 8
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 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:
The above recitals are contractual 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 Exhibit "A", and which will benefit the land also shown in Exhibit "A".
3. The Developer has contributed $158,456.86 to total construction costs of the said
water line, of which Developer is entitled to be reimbursed the sum of $119,485.79 plus interest,
which represents land that could be served by the water line but is not included in Developer's
subdivision.
4. That for all land in Exhibit "A" subsequently connecting to the water line referred to in
Exhibit "A", except the land in Vienna Woods Subdivision, the City will charge the sum of $974.28
plus interest, per acre as shown in 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- l 2 and
established by this Agreement, which fee shall herein be referred to as "LATE COMERS FEE"; the fee
WATER LINE LATE COMERS AGREEMENT Page - 3 of 8
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 "B" 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 "VIENNA WOODS 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.
6. That the late comer fees assessed, which will go into the VIENNA WOODS
WATER PROJECT REIlVIBURSEMENT ACCOUNT, shall increase at a rate of 4% per
annum as shown in Table I of Exhibit "B".
7. That the late comer fees shall be collected by the City from all users subsequently
connecting to the line shown in Exhibit "A" for the land also shown in Exhibit "A", except the land in
Vienna Woods Subdivision.
8. That the City shall charge the VIENNA WOODS WATER PROJECT
REIMBURSEMENT 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
WATER LINE LATE COMERS AGREEMENT Page - 4 of 8
sum of $119,485.79, plus interest, as determined in Paragraph 6, less the 10% administrative fee or, if
this is not achieved, for a period often (10) years or, until such time the water line described herein is
abandoned. If the Developer has not been reimbursed the principal sum plus interest less
administrative fees after ten (10) years from the date of this Agreement, the Agreement may be
renewed by mutual Agreement of the City and the Developer, at such time as the City ordinance
allows for extension of a ten year time frame. If the City does not amend this ordinance, then this
agreement shall have a ten year life span.
WATER LINE LATE COMERS AGREEMENT Page - 5 of 8
12. This Agreement shall be binding on the assigns and successors of the parties hereto.
DATED this ~$~day of Send-ember , 2001.
BY:
ATTEST:
C F MERIDIAN
RT D. CORRIE, MAYOR
WII,LIAM G. BERG, JR~
STATE OF IDAHO,)
County of Ada, )
Approved By City Council:
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On this 'day of wt` er , 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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L. MA.RVIN PETERSON AND JEAN H. PETERSON FAMIIrY
(corporate seal)
STATE OF IDAHO,)
County of Ada, )
ss.
By
L. gViarvin Peterson,
PARTNERSHIP
Partner
By
H. Peterson, General Partner
On this ~ day of CDT , 2001, before me, the undersigned, a Notary Public in and
for said State, personally appeared L. MARVIN PETERSON and JEAN H. PETERSON, known to
me to be the General Partners of L. MARVIN PETERSON AND JEAN H. PETERSON
FAMQ.Y 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.
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WATER LINE LATE COMERS AGREEMENT Page - 7 of 8
W.L. PETERSON FAMILY LIlVIITED PARTNERSHIP
(corporate seal)
STATE OF IDAHO,)
County of Ada, )
ss.
By
Wa e L. Peterson, General Partner
On this ~ day of ~P~ , 2001, before me, the undersigned, a Notary Public in and
for said State, personally appeared WAYNE L. PETERSON, known to me to be the General Partner
of W.L. PETERSON FANIILY LIlVIITED 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.
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WATER LINE LATE COMERS AGREEMENT Page - 8 of 8
Water Line Latecomer's Agreement
Vienna Woods Subdivision
Exhibit A
..
0 4000 2000 3000 4000 Feet
"EXHIBIT B"
VIENNA WOODS
WATER LINE LATE COMERS' AGREEMENT
FEE COMPUTATIONS
AREA DETERMINATION:
Total Service Area =Gross Area - Existing Road/Street Right-Of--Way
EXISTING ROAD/STREET RIGHT-OF-WAY (R/ LIB
Locust Grove Road R/W
96 feet wide by 5950 long = 13.11 acres
McMillan Road R/W
96 feet wide by 2640 long = 5.82 acres
Heritage Interior Streets R/W
50 feet wide by 3300 long = 3.79 acres
Total
Total Service Area = 348.00 Gross Acres
-22.72 R/W = 325.28 acres
Latecomers Area =Total Service Area -Developer's Area
TOTAL SERVICE AREA:
DEVELOPER'S AREA:
LATE COMER'S AREA
OF
ACREAGE TOTAL
325.28 100.0
OF
ACREAGE TOTAL
80.00 24.6
OF
ACREAGE TOTAL
245.28 75.4
22.72
Page 1
FEE COMPUTATION:
DEVELOPER'S CONTRIBUTION.• $ 158,456.86 Verified from Billings
PORTION ATTRIBUTABLE TO DEVELOPER'S SUBDIVISION.•
24.6% x $ 158,456.86 = $38,971.07
,PORTION OF DEVELOPER'S CONTRIBUTION ELIGIBLE FOR REIMBURSEMENT.•
Total Service Area (100%) -Developer's Percentage =Percentage Eligible = 75.4%
75.4% x $ 158,456.86 = $119.485.79
LATE COMER FORMULA:
(Eligible Reimbursement/Late Comer's Service Area =Late Comer Fee per Acrej
$ 119,485.79 $487.14
4.
REIMBURSEMENT BASIS:
Assume payback period of ten years and an overall growth rate of 50%
within the Late Comer area over that ten years. The Adjusted Late Comer
fee per acre =
$487.14 = $ 974.28
~~
REIMBURSEMENT SCHEDULE:
The Developer paid the costs of installing the lift station. The Late
Comer fee paid by each parcel, or portion thereof, who connects to the
subject lift station 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:
Effective Date Latecomer Fee er Acre
October 1 2001 $ 974.28
October 1, 2002 $ 1,013.25
October 1, 2003 $ 1,053.78
October 1, 2004 $ 1,095.93
October 1, 2005 $ 1,139.77
October 1 2006 $ 1,185.36
October 1, 2007 $ 1,232.77
October 1, 2008 $ 1,282.08
October 1, 2009 $ 1,333.37
October 1 2010 $ 1,386.70
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Page 2
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CITY OF ~!~I~I;
C~~~rl~rcn ~,
w
~ IDAHO j
y~C~~TC
R Ja` TRF_hSURE V NAY SINCE
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
1l. 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
340]. N. Ten Mile Road
888-2191 /fax 884-0744
- Water
2235 N.W. 8th Street
888-5242 /fax 884-].159
ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 '
BOISE IDAHO 03109!06 02:08 PM
DEPUTY Neava Haney III I III II III I IIIIIIIIIIIIIIIIIII II III
RECORDED-REQUEST OF 10603624
Meridian City
RELEASE OF AGREEMENT
WATER LINE LATECOMERS AGREEMENT
For VIENNA WOODS SUBDIVISION
Agreement between
CITY OF MERIDIAN
L. Marvin Peterson and Jean H Peterson Family Limited Partnership
W.L. Peterson Family Limited Partnership
The agreement entered into September 19, 2001 by and between the CITY of
MERIDIAN, a municipal corporation of the State of Idaho, and L. Marvin
Peterson and Jean H Peterson Family Limited Partnership and W.L. Pete>son :;
Family Limited Partnership has been satisfied by the City of Meridian`; ~ ~~e -
request you release the agreement recorded 9/27/2001 under your ~in~~urp~
number # 101099496. ~~ ~',~ ~ ` < ~''`
_ ,.
i
William G. Berg, Jr. - Ity C ^ T~, w
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STATE OF IDAHO )
3S
County of Ada )
Or- this l.D~` day of _J Y~1(1JC~.In , 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.
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Notary Public for Idaho
Residing at: Cd~(~~~I , ~C~
Commission expires: I p- (, I- I I
CITY HALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83042 (208) 888-4433
CITY CLERK -FAX 888-4218 FINANCE & UTIL[1'Y BILLING -FAX 887-4813 MAYOR'S OFFICE -FAX 884-8119
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