HomeMy WebLinkAboutLatecomers Agreement Sewer Line Cherry Lane Dev
AGREEMENT
This Agreement made and entered into this°C~h day of
~, 1991, by and between the CITY OF MERIDIAN, a municipal
corporation of the State of Idaho, hereafter referred to as
"CITY", and CHERRY LANE DEVELOPMENT, a general partnership,
hereafter referred to as "PARTNERSHIP".
W I T N E S S E T H:
WHEREAS, the City limits extend east and west of Ten Mile
Road 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 Partnership owns land west of Ten Mile Road and
north of Cherry Lane and is developing its property for resale and
desires to have sewer service; and
WHEREAS, the Partnership agreed to pay a portion of the cost
of extending sewer lines from existing sewer lines to an area west
of Ten Mile Road and northeast of Cherry lane Subdivision No. 2,
and the City agreed to pay a portion of the cost of extending
sewer lines along Ten Mile Road to serve land east and west of Ten
_ AMBROSE,
FITZGERALD
3CROOKSTON
~neye and
neelors
P.O. Boz 421
Merldlsn, Idaho
83842
Telephone 8884481
Mile Road and north and south of Cherry Lane;
WHEREAS, the sewer lines constructed by Partnership and the
City will benefit land other than that owned by Partnership; and
WHEREAS, the total cost of constructing the sewer lines was
born by the Partnership and the City; and
LATE COMERS AGREEMENT - PAGE 1
AMBROSE,
FITZGERALD
BCROOKSTON
~rneys and
unselors
P.O. Box 427
Merldlan, Idaho
eaaaz
Telephone 888.4481
WHEREAS, Section 7-5276 of the Sewer Ordinance provides that
the City may enter into co-operative sewer line extension and re-
imbursement agreements and that section further provides that
sewer users who subsequently connect to the extended sewer lines
shall be charged an 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 "Late Comer Fee"; the above ordinance
section provides that the late comer fee may be used to reimburse
the person or persons so extending the sewer lines; and
WHEREAS, Sections 7-5276 indicates that normally a user
extending a sewer line will not be re-imbursed the total cost of
extending the line due to the fact the line or lines will benefit
the land owned by the user and the benefit to Partnership's land
has been reflected in this Agreement.
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 Partnership and City have engineered, planned,
and constructed the trunk sewer line described in Exhibit "A", and
such has been approved by the City.
3. The Partnership and City have jointly contributed
$123,637.56 to construction costs of the above line of which a
portion will benefit the Partnership's own land, and a substantial
portion will benefit land in the City; at this time no person has
LATE COMERS AGREEMENT - PAGE 2
contributed to the cost of such lines other than the City and the
Partnership.
4. That the City will charge all users, except for users
in the Partnership's land which is described in Exhibit "B" and
incorporated herein and subsequently connecting to the sewer line
referred to in Exhibit "A" which such users shall hereafter be
referred to as "LATE COMERS", the sewer construction equivalency
fee authorized in 7-5276 which fee shall herein be referred to as
"Late Comer Fees".
5. That the City contributed $84,000.56 to said line and
the Partnership contributed $39,637.00; that of the amount
contributed by the Partnership only $7,634.00 is eligible for
reimbursement; that all of the $84,000.56 contributed by the City
is eligible for reimbursement but the City determines the late
comers fee on its portion at 40% of the number of dwelling units
capable of connecting to the line over the period of the late
comers agreernent.
6. That from the late comer fee assessed pursuant to
AMBROSE,
FIT2GERALD
&CROOKSTON
~rneys and
unaelora
P.O. Box 427
Meridian, Idaho
83842
Telephone 888.4481
Section 7-5276 for each equivalent single family residential
connection to the sewer line referenced in Exhibit "A", FIFTY-TWO
AND NO/100 DOLLARS ($52.00) shall be set aside and deposited to
a special account to be designated the "City of Meridian/Cherry
Lane Development Re-imbursement Account", which shall hereinafter
be referred to as the "Re-imbursement Account"; that from the
funds accumulated in the re-imbursement account the City shall
receive ten percent (10%) of the total accumulated for
LATE COMERS AGREEMENT - PAGE 3
•
administrative expenses of this Agreement; that the balance in the
account shall be paid to the Partnership; that if there is an
accumulation in the account, the account shall be disbursed
monthly.
7. That the balance of the late comer fee, after the
payment to the Partnership of $52.00, shall be paid to the City.
8. That the $52.00 of the late comer fees which goes into
AMBROSE,
FITZGERALD
&CROOKSTON
mays and
unselore
P.O. Box 427
Merldlan, Ideho
83842
Telephone 888.4481
the Re-imbursement Account shall be adjusted annually on October
1st, to reflect the then current cost of constructing said lines
and to reflect interest which the City and Partnership 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.
9. That the late comer fees shall be collected by the City
from all users subsequently connecting to the lines in Exhibit
"A", except for users in what is now Partnership's land as shown
in Exhibit "6.
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
administrative costs.
11. That the total amount capable of being re-imbursed to
the Partnership shall be the sum of SEUEN THOUSAND SIX HUNDRED
THIRTY-FOUR AND NO/100 DOLLARS ($7,634.00) as annually adjusted
for increases in then current costs of construction engineering
LATE COMERS AGREEMENT - PAGE 4
i
and interest, less the 10~ administrative fee.
12. It is agreed that the sewer line referenced in Exhibit
"A" is the property of the City and shall henceforth be maintained
by the City at its sole cost and expense.
13. The term of this Agreement shall be until the
Partnership has been re-imbursed the amount determined as set
forth in paragraph 11 above but not longer than ten (10) years
even if the amount in paragraph 11 has not been paid to
Partnership.
14. This Agreement shall be personal to the Partnership and
may not be assigned by the Partnership without the written consent
of the city, which the City covenants not to withhold
unreasonably.
15. This Agreement shall be binding on the assigns and
successors of the parties hereto.
DATED this~p}h day of ~ `_, 1991.
CITY OF MERIDIAN
CI~I G AY R
AMBROSE,
FITZGERALD
&CROOKSTON
rneye and
unaelora
P.O. Boz 427
Merldlan, Idaho
83eaz
Telephone 88&4481
C ERRY LANE DEVELOPMENT
~_.._ __„_._~_~ r _
LATE COMERS AGREEMENT - PAGE 5
1
AMBROSE,~~ .~~-
FITZGERA~~ e'
& CROOKST81¢~
~rneys arm -
unselore
P.O. Boz 427
Merldlan, Idaho
e3e4z
Telephono 88B-1181
STATE OF IDAHO, )
ss.
County of Ada, )
On this 21 day of Au ust 1991, before me, the
undersigned, a ITotary Pu ~c ~n anav~or-said State, personally
appeared GRANT P. KINGSFORD and JACK NIEMANN, 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,
my official seal the day
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STATE OF''`I"DAHO, )
County of Ada, )
On this '2~i day
undersigned, ~Vot ry
app ed
l-es~ art
erg ian, ~ aho, an3~
acknowledged to me that
I have hereunto set my hand and affixed
and year first above written.
~~
UBL C FOR IDAHO
E IDING AT MERIDIAN, IDAHO
M commission expires 04/01/93
ss.
of LC 1991, before me, the
Pu is n an or said State, personally
~ ~_ known to me to be the
~~ o CFierry Lane Development,
who executed the within instrument, and
Cherry Lane Development executed the same.
IN WITNESS WHEREOF,
my official seal the day
- - ..;/; .
4 `~'_
~~~-E AL
I have hereunto set my hand and affixed
and year 'rst abov.~._.w- ten.
T,
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NOTARY PUBLIC FOR IDAHO
RESIDING AT~~d, IDAHO
~O ~~s' ~.
-,. ~J~~~~LATE COMERS AGREEMENT - PAGE 6
• ..
AMBROSE,
FITZGERALD
& CROOKSTON
~eys and
unaelora
P.O. Boz 427
Merldlan, Idaho
83842
Telephone888J481
STATE OF IDAHO, )
ss.
County of Ada, )
On this day of 1991, before me, the
undersigned, a rotary Pu ~c in an or said State, personally
appeared known to me to be the
__~~ _ ~ o~Cherry Lane Development,
eri pan, aho, an who executed the within instrument, and
acknowledged to me that Cherry Lane Development executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
my official seal the day and year first above written.
SEAL
STATE OF IDAHO, )
ss.
County of Ada, )
1~OTA~PIJBL I C FOR I DAHOy~~~~
RESIDING AT MERIDIAN, IDAHO
On this day of 1991, before me, the
undersigned, a Notary Pu is ~n~ a~~~or said State, personally
appeared PAUL WHITE, known to me to be the _ _
of Cherry Lane Development, Meridian, Idaho, and who executed the
within instrument, and acknowledged to me that Cherry Lane
Development executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
my official seal the day and year first above written.
SEAL N ARY PUB~~~OR IDAH
RESIDING AT MERIDIAN, IDAHO
LATE COMERS AGREEMENT - PAGE 7