HomeMy WebLinkAboutLate Comers Agreement with Leader's 1993 Revocable Trust, David Leader, Trustee, and Idaho Athletic Club for Sewer LineLATE COMERS AGREEMENT
July
This Agreement made and entered into this 21st day of ~t~iL,
1994.
1~:'k, by and between LEADER'S 1993 REVOCABLE TRUST, DAVID $.
LEADER, TRUSTEE, hereafter referred to "LEADER", -and the IDAHO
ATHLETIC CLUB, INC., an Idaho Corporation, hereafter referred to as
"ATHLETIC", both LEADER and ATHLETIC hereafter referred to as
"DEVELOPERS", and the CITY OF MERIDIAN, hereafter referred to as
..CITY" ,
W I T N E S S E T H:
,WHEREAS, the CITY limits extend east and west of Locust Grove
Road on the north and south sides of Fairview Avenue, but prior to
this Agreement and construction referred to herein, a portion of
such area was not provided sewer service by the CITY; and
WHEREAS, the Developers and the CITY extended a sewer line
from existing sewer lines to an area east and west of Locust Grove
Road on the north and south sides of Fairview Avenue which sewer
line extension will be able to provide service east and west of
Locust Grove Road on the north and south aides side of Fairview
Avenue to the land shown in Exhibit "A", which is attached hereto
and by this reference incorporated herein as if set forth in full;
that the land totals approximately 213 acres which if developed
under the zoning shown on Exhibit "C", which is attached hereto and
by this reference incorporated herein as if set forth in full, with
densities allowed in the shown zones on Exhibit "C", there could be
891 equivalent residential units (ERU) developed on that acreage;
LEADER, ATSI~ETIC CLUB & CITY LATECOMERS AGREEMENT page - 1
that on the basis that the land would be developed at a rate of 5$
per year over ten years, the term that a late comers Agreement is
allowed to run, there could be 891 ERU in 10 years; and
WHEREAS, the sewer line constructed by the Developers and the
CITY 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 Developers and the CITY at a cost of $125,940.00; whereas
with a total of 891 projected ERUs and with an unpaid balance of
$125,940.00, there should be a late comers fee of $303.00 per ERU;
that the sewer line will benefit the IDA8O ATHLETIC CLUB, developed
by ATHLETIC, and Dove Meadows Subdivisions, being developed by
LEADER; that each of the above parties proportionately contributed
to the cost of the sewer line at the following percentages and cost
to wit:
LEADER 58.90$ $74,178.66
ATHLETIC 24.50$ $30,855.30
CITY 16.60$ __S 0,906.04
$125,940.00
WHEREAS, the total cost of constructing the sewer line was
born by Developers and the CITY at a cost of $125,940.00; whereas
with a total of 891 projected ERUs and with an unpaid balance of
$125,940.00, there should be a late comers fee of $303.00 per ERU;
that the sewer line will individually benefit Dove Meadows
Subdivisions, being developed by LEADER, and the IDA8O ATHLETIC
CLUB, and uses developed by ATHLETIC.
WHEREAS, Section 7-527B of the Ordinance provides that the
LEADER, ATHLETIC CLUB i CITY LATECOMERS AGREEMENT Peg® - 2
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 eight (8) 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 the
"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.
WHEREAS, the CITY has the right to have a late comers
agreement extend longer than ten (10) years if the CITY has
expended funds for the construction of the sewer line and in this
situation the City does have funds into the construction and
therefore, even though this Agreement shall lapse at the end of ten
(10) years the CITY should continue to charge the full late comer
fee until the CITY has rsceived full reimbursement of its funds.
P1OW, 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 Developers and CITY have engineered, planned, and
constructed the trunk sewer line described in Exhibit "B" , which is
attach®d hereto and by this reference incorporated herein, and
which will benefit the land shown in Exhibit "A".
3. The Developers and CITY have contributed $125,940.00 to
LEADER, ATSLETIC CLUB ~ CITY LATECO~RS AaREffi~1dT Page - 3
construction costs of the above sewer line of which LEADER is
entitled to be reimbursed the sum of $74,178.66, which represents
the cost of construction to provide sewer service to that portion
of land that could be served by the sewer line that is not included
in LEADEI'~'s land that was developed by LEADER and LEADER is
®ntitled to be reimbursed the sum of $74,178.66; that ATHLETIC is
entitled to be reimbursed the sum of $30,855.30, which represents
the cost of construction to provide sewer service to that portion
of land that could be served by the sewer line that is not included
in ATSLETIC's land that it developed; that CITY is entitled to be
reimbursed the sum of $Z`0,906.04, which is to be totally reimbursed
to the CITY since it did not develop any land which will benefit
from the sewer line.
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 the Dove Meadows Subdivisions and the land
developed by ATHLETIC, those Developers having paid for sewer
service for that land by constructing and helping to pay for that
sewer line, the CITY will charge the sum of $303.00; 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 pursuant to 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.
5. The computation of the Late Comers Fee is shown on Page
LEADER, ATHLETIC CLUB ~ CITY LATEC~RS AC~REE~iENT Pag® - 4
2 of Exhibit "C"; the names of owners of the land, which owners,
developers and builders (all hereafter referred to as OWNERS), are
hereby required to pay the LATE COMERS FEE, described on Page 1 of
Exhibit "C", which is attached hereto and by this reference
incorporated herein; each OWNER of a lot or parcel of the land,
shown on Page 1 of Exhibit "C", will, and is hereby required to,
pay the following respective percentages and dollar amounts of the
LATE COMERS FEE of THREE HUNDRED THREE AND NO/100 DOLLARS
($303.00), to wit:
A. OWNERS OF LAND IN DOVE MEADOWS SUBDIVISIONS and the
CAPITAL CHRISTIAN CHURCH
CITY OF MERIDIAN 16.6$ $ 50.30
IDAHO ATHLETIC CLUB, INC. 24.5$ 74.24
TOTAL 41.1$ $ 124.54
B. OWNERS OF LAND IN, OWNED OR DEVELOPED BY IDAHO ATHLETIC
CLUB, INC.
CITY OF MERIDIAN 16.6$ $ 50.30
DOVE MEADOWS SUBDIVISIONS 58.9 178.47
TOTAL 75.5 228.77
6. That all the late comer fees assessed above pursuant to
paragraph 4 and 5 shall be set aside and deposited to a special
account to be designated the "LEADER'S 1993 REVOCABLE TRUST, DAVID
E. LEADER, TRUSTEE and IDAHO ATHLETIC CLUB, INC., REIMBURSEMENT
ACCOUNT" and shall be paid to the Meridian Sewer Department.
7. That the late comer fees which go into the Reimbursement
Account shall be adjusted annually on October 1st, to reflect the
then current interest rate which the Developers would have earned
LEADER, ATHLETIC CLUB & CITY LATECOMERS A~3RENT Page - 5
on the funds expended for their, or its, portion of 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.
8. 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
developed by LEADER in Dove Meadows Subdivisions and the land where
the Idaho Athletic Club is situated, developed by ATHLETIC.
9. That the CITY shall charge the LEADER and IDAHO ATHLETIC
CLUB, INC. PROJECT REIMBURSEMENT ACCOUNT the 10$ administrative
charge authorized under 5-124B; that the CITY shall disburse, in
proportionate amounts, the funds in the LEADER and IDAHO ATHLETIC
CLUB, INC. PROJECT REIMBURSEMENT ACCOUNT on a quarterly basis as
followss
To CITY 10.0$ of all receipts as the administrative
charge.
To Ll5AT1SR 58.90$ of the balance after payment of
administrative charge.
To ATHLETIC 24.50 of the balance after payment of
administrative charge.
To CITY 16.60 of the balance after payment of
administrative charge.
10. 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
LSADL4R, ATHLETIC CLUB i CITY LATECOI~RS AC~RBSMBNT Page - 6
administrative coats.
11. It is agreed that the sewer line referenced in Exhibit
NBN is the property of the CITY and shall henceforth be maintained
by the CITY at its sole cost and expense.
12. The term of this Agreement shall be in effect until
LEADER and ATHLETIC hav® been totally reimbursed their portion of
the $125,940.00, as set forth in paragraph 9 above and thereafter,
less the administrative fee of 10$, or ten (10) years hereafter,
which ever occurs first, the full payment or the expiration of ten
(10) years; LEADER has the right to be reimbursed the sum of
$74,178.66, less the 10$ administrative fee, ATHLETIC has the right
to be reimbursed the sum of $30,855.30, less the 10$ administrative
fee, and the CITY reimbursed the total sum of $20,906.04, but not
less the administrative fee or the lapse of ten (10) years; as
provided above, this Agreement shall not last longer than ten (10)
years for the benefit of Developers even if all sums due the
Developers has not been paid to them, but the CITY shall still
charge the late comer fee for all late comers, past the ten (10)
years, until the City has been paid in full.
13. This agreement shall be made in quadruplicate with each
party hereto retaining a copy thereof and the CITY holding and
maintaining the original, and the covenants herein shall extend to
and bind the heirs, successors and assigns of the respective
parties hereto, and the land that they own and which is involved in
this agreement.
LEADER, ATHLETIC CLUB i CITY LATEC014ER8 AC~REEHER'1' Page - 7
14. This Agreement shall be binding on the assigns and
successors of the parti®s hereto.
DATED This 1st day of
July
CITY OF MERIDIAN
1997
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NOTAR V
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Ham. LEADER'S 1993 REVOCABLE TRUST
DA LE , TRUSTEE
LRADER, ATBLETIC CLUB & CITY LATECOI~LER$ AC~6REEMENT Pag®- 8
,Rf3HE,RT D. CORRIE, I~lAYOR
owed by City Council 7-1-97
STATE OF TDAHO,)
• ss.
County of Ada. )
On this ~ day of X997
before me, the undersigned, a Nota Public in and for said~$t,
personally appeared ROBERT D. CO IE and WILLIAM G. BERG, JR.,
known to ms 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.
F ~." "
~i~..•w.MAdIJP,,
(SE~+) ~ , , ~ ~'. ~ ~": NOT Y PUBLIC FOR IDAHO
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RE ID GAT ~
w ~k x ~" ~~ B ~,G ~ = M C ISSION EXPIRES 0
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~' '~. Of, ~,o,,
STATE OF IDAHO,)
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County of Ada. )
On thi~~ day of ~ ~ ~'1 ~ Sq ~
1-9.9fr; before
m®, the undersigned, a Notary Public in and for said State,
personally appeared DAVID,~LEADER of the LEADERS 1993
REVOCABLE TRUST, known to me to be the Trustee of that Trust and
the person who executed the within instrument and who acknowledged
to me that he executed th® same as Trustee of that said Trust.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official s®al the day and year first above written.
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(SEAL ) ~ SOT AR y a' _
_ OT PUBL
R~ AFB l~G *~ ING AT ~/
R* ~~ MY COMMISSION E
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IDAHO
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LEADER, ATBLETIC CLiJB Sc CITY LATECOMERS AGREEMENT Page - 9
STATE OF IDAHO,)
ss.
County of Ada. )
7
On this ~~ day of ~~ u.~ , 1996, before
me, the undersigned, a Notary Public in and for said State,
personally appeared JOHN WARDLE and CHERYL WARDLE, known to me to
be the President and the Secretary of the IDAHO ATHLETIC CLUB,
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 s®al the day and year first above written.
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(S8 ~IOTAf?y ~ NOTARY U~ LIC FOR IDAHO n _
* * RESIDING AT c~Q
»~ ~LIC MY COMMISSION EXPIRES 09 ~' -r S 97
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LEADER, ATHLETIC CLUB & CITY LATECOI~RS AQREEA4EN'1' Page - 10
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LEADER, ATHLETIC CLUB & CITY LATECOMERS AGREEMENT EXHIBIT A
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LEADER, ATHLETIC CLUB & CITY LATECOMERS AGREEMENT EXHIBIT B
"EXHIBIT C"
IDAHO ATHLETIC CLUB/
DOVE MEADOWS SUBDIVISION
SEWER LATE COMERS FEE COMPUTATIONS
~A DETERMINATION:
SUBDIVISION or AREA ZONE ERU/AC ACRES RRTT
Capital Christian Church L-O 4 23.4 94
Capital Christian Church (Commercial Area) L-O 4 7.8 31
Dove Meadows Subdivision R-8 6.4 35.1 225
Avest Plaza Subdivision C-G 4 38.5 154
Westside Bible Chapel /Hicks C-G 4 9.4 38
Westside Bible Chapel /Hicks C-C 4 1.1 4
Sara Ewing C-G 4 6.5 26
Crandelmire C-G 4 9.4 3 8
N.W. Corner Fairview & Locust Grove C-2 4 1.8 7
Idaho Athletic Club C-G 4 2.5 10
Doris Subdivision W. of Idaho Athletic Club C-G 4 2.4 10
City Sewer in Locust Grove S. of Fairview X X X X
S.W. Corner Fairview & Locust Grove C-3 4 6.8 27
Pleasant Valley Subdivision R-1 1 22.5 23
Pleasant Valley Subdivision R-8 6.4 7.3 47
Pleasant Valley Subdivision R-15 12 9.0 108
Pleasant Valley Subdivision R-1 1 20.1 20
S. of Settlers Canal & W. of Locust Grove R-8 6.4 3.6 23
S. of Settlers Canal & E. of Locust Grove R-1 1 5.8 6
TOTALS 213 891
Page 1 of 2 c:~o~cE~wrwn~nsrnFOxhts~novE~a-~.rrEw
DEVEL.OPOER'S CON TRT TTTON•
$ 125,940.00
REIMBURSEMENT BA I
5% Development Rate for 10 Years (50% or 0.50)
LATE COMER FORMi 1i A:
Developer's Contribution /ERU /Reimbursement Basis =Late Comer Fee
COMPUTATION:
$ 125,940.00 / 831 ERU / 0.50 = $ 303.00
CONT TTION BRFaxnnwiv °~~.
City of Meridian 16.6% or $ 50.30
Leader's 1993 Revocable Trust 58.9% or 178.47
Idaho Athletic Club, Inc. 24.5% or 74.23
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Nr~H o
/ae TlithSI1RE V AMY
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
] 1 W. Bower Street
888-3579/fax 898-5501
Planning
660 E. Watertower Lane
Suite 202
884-5533/fax 888-6844
Ponce
]401 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
888-21.91 /fax 884-0744
- Water
2235 N.W. 8th. Street
888-5242 /fax 884-1159
-~ I .
~v tGL'~ <'V~'Z c~ rl:~~ ~f~'~
Notary Public for Idaho
Residing at: t'~'Le L 6~ e~ :~c~
Commission expires: 1 ~~ --1 S- l ~,
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 884-8]19
ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 1
BOISE IDAHO 0310910fi 02:08 PM
DEPUTY Neaua Haney III IIIIIIIIIIIIIIIIIIIIIIIIIIII'I I III
RECORDED-REQUEST OF
Meridian City 1 ~~~~~~~~
RELEASE OF AGREEMENT
for
LATECOMERS AGREEMENT
Agreement between
Leader's 1993 Revocable Trust, David E Leader, Trustee
and Idaho Athletic Club, Inc.
The agreement entered into July 21, 1994 by and between the CITY of
MERIDIAN, a municipal corporation of the State of Idaho, and Leader's 1993
Revocable Trust, David E Leader, Trustee and Idaho Athletic Club~,~iF„preen
satisfied by the City of Meridian. We request you release the ~~~~
9!23/1997 under your instrument number #9 078099. ` \.~~~~~ ~`~~ `' ~~~°%,~~
~~" q~cr
~~ ~
William G. Berg, J~ - C~r~ -
STATE OF IDAHO ) /~~,,~~~~ C0~~~1 ~ ~` ~ ~~~~~'~,•
SS rr:rn;tattt1t.
County of Ada )
On this ~-P+t~ day of ~'b`lC,-U1C~~. , 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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