HomeMy WebLinkAboutLate Comers Agreement with the Westpark Company, Inc. for Sportsman Pointe~r ~ ~,:~
LATE COMERS AGREEMENT
This Agreement made and entered into this ~ day of J~ 1995, by and
between THE WESTPARK COMPANY, INC. , an Idaho Corporation, hereafter referred to as
"DEVELOPER", and the CITY OF MERIDIAN, hereafter referred to as "CITY"
WITNESSETH:
WHEREAS, the City limits extend north and south of Overland Road east of Kuna-
Meridian Highway ,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, the Developer extended a water line from existing water lines to an area south
of Overland Road which water line extension will be able to provide service north and south 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 land totals approximately 187 acres which if developed
at a density consistent with present zoning, there could be 533 equivalent residential units (ERU)
in the 187 acres; that on the basis that the land would be developed at a rate of 5 % per year over
ten years, the term that a late comers Agreement is allowed to run, there could be 266.5 ERU in
10 years; and
WHEREAS, the water line constructed by the Developer will benefit other land than just
the land being developed by Developer; and
WHEREAS, the total cost of constructing the water line was born by Developer; that
portion of the cost which will benefit land other than Developer's is $66,008.10; whereas with
266.5 ERUs and with an unpaid balance of $66,008.10 there could be a late comers fee of
$247.69 per ERU; that the water line will benefit .Sportsman Pointe Subdivision which is being
1 C:\wPwtN60\GENERAI.\SPORTMAN.H2O
t_ '' ,ri ~
Y'
developed by Developer and the benefit to the Developer's land has been reflected in this
Agreement; and
WHEREAS, Section 5-124B 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 lines 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 lines.
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
described in Exhibit "B, and which will benefit the land shown in Exhibit "A" .
3. 'The Developer has contributed $66,008.10 in construction costs for that portion and
size of the above line, which represents land that could be served that is not included in
Developers subdivision; the Developer has paid other costs which represent line development costs
attributable to lots within Sportsman Pointe Subdivisions.
4. That for all ERUs in the land described in Exhibit "A", subsequently connecting
to the water line referred to in Exhibit "B", except the land in Sportsman Pointe Subdivision, the
City will charge the sum of $247, 69; such users shall hereafter be referred to as "LATE
COMERS"; that the charge is the water construction equivalency fee authorized in 5-124B and
established by this Agreement, which fee shall herein be referred to as "LATE COMERS FEE";
2 C: \WPwiN60\GF,NIIL4L\SPORTMAN.H2O
the fee is in addition to any other water chazges 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 pazagraph 4. shall be set aside and
deposited to a special account to be designated the "SPORTSMAN POINTE WATER PROJECT
REIMBURSEMENT ACCOUNT" and shall be distributed monthly to the Developer.
6. That the late comer fees which go into the Reimbursement Account shall be
adjusted annually on October 1st, to reflect the then current cost of constructing said lines and to
reflect interest which the Developer would have earned on the funds expended for the total cost
of construction; the interest rate shall be based upon the prime rate of First Security Bank of
Idaho, N. A. , as of the annual date of adjustment.
7. That the late comer fees shall be collected by the City from all users subsequently
connecting to the line in Exhibit "B" for ERUs in the land described in Exhibit "A", except the
land in Sportsman Pointe Subdivision.
8. That the City shall chazge the SPORTSMAN POINTE WATER PROJECT
REIMBURSEMENT ACCOUNT the 10% administrative chazge as authorized under 5-124B.
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 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 sum
of $66,008.10 less the 10% administrative fee, but not longer than ten (10) years even if the
3 C:\wrwiN6o\GErrmai.\SPOR1MnN.xzO
$66,008.10 has not been paid to Developer.
12. This Agreement shall be binding on the assigns and successors of the parties hereto.
DATED this ~ day of ~ u-f ~ , 1995.
CITY OF MERIDIAN
\``````\\~IU11t N 11 ~t~~~~''',
F ~'
GRANT P. KINGSFORD, MA R
~~~L -
mac, o~'
~ ~`~
-,,, -9 C` ,~P ~~.~
''%,,~~~~JUNTYt~```~~~~'~ WILLIAM G. BERG, JR., I CLERK
THE WESTPARK COMPANY, INC.
By;
Pre e
-~
By; ~
Secretary
C:\WPWIN60\GENERAL\SPORTMAN.I320
S
STATE OF IDAHO, )
County of Ada,
ss.
On this l5 day of ~~ ~5~ , 1995, before me, the undersigned, a Notary
Public in and for said State, persoh~lly appeared GRANT P. KINGSFORD and WILLIAM G.
BERG, JR. , known to me to be the Mayor and City Clerk of the City of Meridian, Idaho, and
who executed the within instrument, and acknowledged to me that the City of Meridian executed
the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and y~~r, First above written.
~'~' G'
.,
~ S ~#~3~~ ~J'"D i
~~ ~ ~} 1 w~
SEAL , ~ a~ ~ ~ ~ ~ e ~",~ "~ ~~"
- ~ ~- .~
a~ ~R~~ ~
STATE OF IDAHO, )
County of Ada,
in and
Secre
behalf
. ss.
~RY PUBLIC FOR IDAHO
DING AT ~~r~i.~~`~-
COMMISSION EXPIRES D~-a.?-99
On this cat day of , 1995, before me, the undersigned, a Notary Public
for said State, personally app ed .~.~ ~, ~ ~~-e^~- ,and
"yjd_ ~ ,known to me to be the President and the
tary of THE WEST ARK COMPANY, INC., and who. executed the within instrument on
of said corporation, and acknowledged to me that said corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
c ~ ~ ,,, , _
SEAL NOTARY PUBLI OR DA -_ - -
RESIDING AT ~-'~~.~.r~i-~- - ~ ~ - - - _ --
MY COMMISSION EXPIRES ~ ~`~ ~ S_ _- `~ `~
5 C:\WPWIN60\GRNF.R 4T.\SPORTMAN.H2O
i
"EXHIBIT A"
BENTLEY AYE.
RT ~I ~
C-G
I-BI
T-Bt
C-
w ~-
\~J1
..r_~ -
',, z
~,~~i
.\~
~;~r~
r \~
,~
'.y <
~..
'~~. ,~
~~
'\
1,~/$\!
RT ,
~ R-4
F
I I 1 1 `C~~ i i i ~ ~ RT
~I SPORTSMAN POINTS WATER LATE COMERS
SERVICE AREA
SUBDI~LISIDN
1-L
Z
RT
RIrN vlew
O,p
RT
rJ.T.s.
nnm~ SERJICE.
i_B4
1"B6
RT
___
E GE TR~I
RPp~T
"EXHIBIT B"
-_ _~
~~.
,.
- --
:-e~
c-e~
UI
Ali
WIC
RT
GT
~.:
r
~ I SUBDIVl9nNf
N GR ENS
SUBDIVISION
~ ~.
j 'Pi
^~ ~"I ` KACHI
fl T
,~,.
ESTATE
SPORTSMAN POINTE WATER LATE COMERS
WATER MAIN ALIGNMENT
R
RT
' RT ~ RT \ ~~ RT
RT
f__
\,
Is
N
-J.T.S.
. .
"EXHIBIT C"
SPORTSMAN POINTE SUBDIVISION
WATER LATE COMERS FEE COMPUTATIONS
AREA DETERMINATION:
SUBDIVISION or AREA ZONE ERTT/AC_ F.RTT A(`RF.AfTF
Timothy Subdivision R-3 3 17 5.6
Sportsman Pointe R-4 3.2 -NA- -NA-
Rim View Subdivision R-1 1 30 29.6
Rim View Addition R-4 3.2 37 11.5
Babbitt & Goldsmith R-4 3.2 243 76
Schafer 8t Cade R-4 3.2 86 26.8
Greg Johnson R-4 3.2 64 20
Goldsmith R-4 3.2 56 17.5
TOTALS 533 187
DEVEL PER'S CONTRIBLTTTON:
$66,00$.10
REIMBURSEMENT BASIS:
5 % Development Rate for 10 Years (50 % or 0.50)
Developer's Cotitribution /ERU /Reimbursement Basis = Late Comer Fee
COMPUTATION:
$66,()08.10 / 533 ERU / 0.50 = $247.69
Page 1 of 1 C:\wPwnvw\GENERAL\SPEXI~IISC.FI20
f b 1.,
• r t
LATE COMERS AGREEMENT
This Agreement made and entered into this ~ St day of u.d 1995, by and
between THE WESTPARK COMPANY, INC. , an Idaho Corporation, hereafter referred to as
"DEVELOPER", and the CITY OF MERIDIAN, hereafter referred to as "CITY"
WITNESSETH:
WHEREAS, the City limits extend north and south of Overland Road east of Kuna-
Meridian Highway, 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 line from existing sewer lines to an area
south of Overland Road which sewer line extension will be able to provide service north and south
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 land totals approximately 280.7 acres which if
developed at a density consistent with present zoning there could be 1053 equivalent residential
units (ERU) in the 280.7 acres; that on the basis that the land would be developed at a rate of 5 %
per year over ten years, the term that a late comers Agreement is allowed to run, them could be
526.5 ERU in 10 years; and
WHEREAS, the sewer line 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 line was born by Developer; that
portion of the cost which will benefit land other than Developer's is $107, 400.11; whereas with
526.5 ERUs and with an unpaid balance of $107,400.11 there could be a late comers fee of
$203.99 per ERU; that the sewer line will benefit Sportsman Pointe Subdivision which is being
1 C:\wPwiN6o\GENERAL\SPORTMAN.SEW
A
f
f
developed by Developer and the benefit to the Developer's land has been reflected in this
Agreement; and
WHEREAS, Section 5-124B of the 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 lines shall be charged a ten (10) 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 lines.
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 sewer line
described in Exhibit "B, and which will benefit the land shown in Exhibit "A".
3. The Developer has contributed $107,400.11 in construction costs for that portion
and size of the above line, which represents land that could be served that is not included in
Developers subdivision; the Developer has paid other costs which. represent line development costs
attributable to lots within Sportsman Pointe Subdivisions.
4. That for all ERUs in the land described in Exhibit "A", subsequently connecting
to the sewer line referred to in Exhibit "B", except the land in Sportsman Pointe Subdivision, the
City will charge the sum of $203.99; such users shall hereafter be referred to as "LATE
COMERS"; that the charge is the sewer. construction equivalency fee authorized in 5-124B 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
2 C: \wPWIN60\GF.NF.RAT.\SPORTMAN. SEW
~,
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 "SPORTSMAN POINTS PROJECT
REIMBURSEMENT ACCOUNT" and shall be distributed monthly to the Developer.
6. That the late comer fees, which go into the Reimbursement Account shall be
adjusted annually on October 1st, to reflect the then current cost of constructing said lines and to
reflect interest which the Developer would have earned on the funds expended for the total cost
of construction; the interest rate shall be based upon the prime rate of First Security Bank of
Idaho, N.A., as of the annual date of adjustment.
7. That the late comer fees shall be collected by the City from all users subsequently
connecting to the line in Exhibit "B" for ERUs in the land described in Exhibit "A", except the
land in Sportsman Pointe Subdivision.
8. That the City shall charge the SPORTSMAN POINTS SEWER PROJECT
REIMBURSEMENT ACCOUNT the 10% administrative charge as authorized under 5-124B.
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 sewer line 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 sum
of $107,400.11 less the 10% administrative fee, but not longer than ten (10) years even if the
$107,400.11 has not been paid to Developer.
3 C:\wPwIN60\GENERAI.\SPORTMAN.SEW
. ~~",
12. This Agreement shall be binding on the assigns and successors of the parties hereto.
DATED this `sfday of , 1995.
CITY OF MERIDIAN
`~~~,~»uur~n~1,,~
\ ~,~ TFo ~ ~~;
=_ ;~~;,~j, = GRANT P. KINGSFO , M R
.' y~ h~M
'% 90 SST ~ g~ ~ ~ ~..
~~''~ CQUNTY ~ ~~~~`~~
~~+hu+ni n~t~N~~
WILLIAM G. BERG, J ., CITY CLERK
THE WESTPARK COMPANY, INC.
By;
Pr ent
Secretary
4 C:\WPWIN60\GENERAL\SPORT'MAN.SEW
STATE OF IDAHO,)
County of Ada,
On this ~~day of u ~ N.S~ , 1995, before me, the undersigned, a Notary
Public in and for said State, persoKally appeared GRANT P. KINGSFORD 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.
,,,~e~~nere~ps~e`'e
-. `~ ~G ~ L . ~ o
~Q ~
~ ~~
SEAL = ~ ~
r,. ~ ~,
> ~ ~~ ~
r~ a.
~:,
STATE OF IDAHO, )
County of Ada,
. ss.
. ss.
'~RY PUBLIC FOR IDAHO
f DING AT ~' K
COMMISSION EXPIRES Od' o~
On this day of , 1995, before rne, th under igned, a Notary Public
in and for said State, person y app ~ ,and
own tom be the President and the
Secretary of THE WESTPA OMPANY, INC., 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.
~_
i ~;~~ " -
SEAL NOTARY PUBLIC F DAI#3-~ . -, , _ --
__~._ __ _
RESIDING AT -_~ -~-
MY COMMISSION EXPIRES ~~ ! ~_"
5 C:\wPwiN6o\GF,NII2AI,\SroRTMAN.SEW
"EXHIBIT A"
BENiLEV AVE~
RT R
[-BI
i-e.
C-
~_l "
1,
S
~~1
~ ~ I
.„
~~l ~
i~,
}
I ~~
~~
4
~~
.~
.; ,"
(/~
~ ,.
~~
~~
~__~~
SPORTSMAN POINTE SEWER LATE COMERS
SERVICE AREA
SUBDIVISION
oD
C-G
I-L
RT
S~
i
s RT
a
N: r S.
F
~ RI V EW
m rnu~ S~R~~~~ R E
-- -~- ~ -~-- - Y
RT
R-4
I 6>
1'B~
RT
"EXHIBIT B"
6i vv-~_
~~
/ \ f.3i'
1 ON
SUBDIV19101W
,~
RT
N T.S,
RT
~, SUBDIVISION
IB.
~'
I RT
~~ ~~, i
SPORTSMAN POINTE SEWER LATE COMERS
SEWER MAIN ALIGNMENT
~!~~ R
RT ~ RT
RT
RT
"EXHIBIT C"
SPORTSMAN POINTE SUBDIVISION
SEWER LATE COMERS FEE COMPUTATIONS
AREA DETERMINATION:
SUBDIVISION or AREA ZONE ERU/AC. ACREAGE ERU
Timothy Subdivision R-3 3 5.6 17
Timothy Subdivision C-G 6.32 12.5 79
Timothy Subdivision C-G 6.21 2.9 18
NW Cor. Locust. & Overland C-G 6.25 25.1 157
Sportsman Pointe R-4 3.2 30 -NA-
SW Cor. Locust. & Overland R-4 3.2 15.6 50
Mary Ownby C-G 6.24 10.1 63
Junior Ownby C-G 6.3 22.7 143
Rim View Subdivision R-1 1 29.6 30
Rim View Addition R-4 3.2 11.5 37
Babbitt & Goldsmith R-4 3.2 76 243
Schafer & Cade R-4 3.2 26.8 86
Greg Johnson R-4 3.2 20 64
Baptist Church C-G 2 4.8 10
Goldsmith R-4 3.2 17.5 56
TOTALS 280.7 1053
Page 1 of 2 c:~wpwiN6o~c~r.~sr~c.s$w
~~ `. ,,'c,~' .
DEVELOPOER'S CONTRIBUTION:
$107,400.11
REIMBURSEMENT BASIS:
5% Development Rate for 10 Years (50% or 0.50)
LATE COMER FORMULA:
Developer's Contribution /ERU /Reimbursement Basis =Late Comer Fee
.COMPUTATION:
$107,400.11 / 1053 ERU / 0.50 = $203.99
Page 2 of 2
C: \WPWIN60\GENERAI,\SPEXIBC. S EW