HomeMy WebLinkAboutLatecomers Agreement for Water & Sewer with Interwest Dev CorpAGREEMENT
This Agreement made and entered into this~~ day off?'~gy ,
1991, by and between the CITY OF MERIDIAN, a municipal corpo`r`ati'on
of the State of Idaho, hereafter referred to as CITY, anal
INTERWEST DEVELOPMENT CORPORATION, hereafter referred to as
CORPORATION.
W I T N E S S E T H:
WHEREAS, the City limits extend east of Locust Grove Road and
AMBROSE,
FITZGERALD
BCROOKSTON
Attorneys and
Couneeloro
P.O. Box 427
Merldlen, Idaho
63642
Telephone 888.4481
prior to this Agreement, and construction referred to herein, such
area was not provided sewer and water service by the City; and
WHEREAS, the Corporation owns land east of Locust Grove Road
and is developing its property for resale and desires to have
sewer and water service; and
WHEREAS, the Corporation has agreed to pay the cost of
extending sewer and water from existing sewer and water lines to
the east of Locust Grove Road; and
WHEREAS, the sewer and water lines constructed by Corporation
will benefit land other than that owned by Corporation; and
WHEREAS, the total cost of constructing the sewer and water
lines was born by the Corporation or its joint venturer who has
not requested a late comers fee agreement; and
WHEREAS, Sections 7-5276 of the Sewer Ordinance and 5-1246
of the Water Ordinance provide that the city may enter into co-
operative sewer and water line extension and re-imbursement
LATE COMERS AGREEMENT - PAGE 1
agreements and those sections further provide that sewer and water
users who subsequently connect to the extended sewer and water
lines shall be charged an eight (8) inch diameter sewer line
equivalency fee and an additional connection fee for water; 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 two fees are hereafter
referred to as "Late Comer Fees"; the above ordinance sections
provide that the late comer fees may be used to reimburse the
person or persons so extending the water and sewer lines; and
WHEREAS, Sections 7-5276 and 5-1246 indicate that normally
a user extending a sewer or water 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
Corporation's land has been reflected in this Agreement.
NOW, THEREFORE, IT IS HEREBY AGREED AS FOL~_OWS:
1. The above recitals are contractual and are incorporated
AMBROSE,
FITZGERALD
BCROOKSTON
Attorneys and
Counselors
P.O. Box 427
Merldlan, Idaho
t~e4z
Telephone 8881481
herein as if set forth in full.
2. That Corporation has engineered, planned, and
constructed the trunk sewer line and water line described in
Exhibit "A" and Exhibit "B", respectively, and such have been
approved by the City.
3. Corporation has contributed $31,425.00 to the
construction costs of the above lines of which a substantial
portion benefits Corporation's own land.
4. That the City will charge all users, except for users
LATE COMERS AGREEMENT - PAGE 2
AMBROSE,
FITZGERALD
&CROOKSTON
Attorneys and
Counselors
P.O. Box 427
Meridian, Idaho
83642
Telephone 8884161
in Corporation's land which is described in Exhibit "C" and
incorporated herein and in the land platted as Gem Park
Subdivision, Meridian, Ada County, Idaho, which is the land owned
by Corporation's joint venturer dvhich also contributed to the cost
of the lines described in Exhibits "A" and "B", subsequently
connecting to the sewer and water lines referred to in Exhibits
"A" and "B", which such users shall hereafter be referred to as
"LATE COMERS", the sewer and water construction equivalency fees
authorized in 7-5276 and 5-1246, which fees shall herein be
referred to as "Late Comer Fees".
5. That from late comer fees assessed pursuant to Sections
7-5276 and 5-1246, for each equivalent single family residential
connection" to both the sewer and water lines referenced in
Exhibits "A" and "6", ONE HUNDRED SIXTY AND NO/100 DOLLARS
($160.00) shall be set aside and deposited to a special account
to be designated the "City of Meridian/Interwest Financial
Corporation 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 administrative
expenses of this Agreement; that the balance in the account shall
be paid to the Corporation; that if there is an accumulation in
the account, the account shall be disbursed monthly.
6. That the $160.00 of the late comer fees which goes into
the Re-imbursement Account shall be adjusted annually on October
1st, to reflect the then current cost of constructing said lines
LATE COMERS AGREEMENT - PAGE 3
and to reflect interest which the City and Corporation 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 al users subsequently connecting to the lines in Exhibit "A"
and "B".
8. 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.
9. That the total amount to be re-imbursed to the
Corporation shall be the sum of SIXTEEN THOUSAND SIX HUNDRED FIFTY
FIVE AND NO/100 DOLLARS ($16,655.00) as annually adjusted for
increases in then current costs of construction engineering and
interest, less the 10% administrative fee.
10. It is agreed that the sewer and water lines referenced
AMBROSE,
FITZGERALD
BCROOKSTON
Attorneys and
Counaeloro
P.O. Box 427
Merldlan, Idaho
e3e4z
Telephone 688.4181
in Exhibit "A" and "B" are 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 the
Corporation has been re-imbursed the amount determined as set
forth in paragraph 9 above but not longer than ten (10) years even
if the amount in paragraph 9 has not been paid to Corporation.
12. This Agreement shall be personal to the Corporation and
may not be assigned by the Corporation without the written consent
LATE COMERS AGREEMENT - PAGE 4
of the City, which the City covenants not to withhold
unreasonably.
13. This Agreement shall be binding on the assigns and
successors of the parties hereto.
DATED this} day of _~(~1~~,/ , 1991.
CITY OF MERIDI N `
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INT WEST: EVELOPMENT CORPORATION
STATE OF IDAHO,)
ss.
County of Ada, )
On this ~l~day of ~ __~, 1991, before rne,
the undersi ne3- a Notar P bl-i +~
g y u c n ana i: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, I have hereunto set my hand and affixed
my official seal the day and year first above written.
.,
AMBROSE, ~~ Q' ~~ ~ ~~
FITZGERALD ~~ V /-
BCROOKSTON : ~ r ,s
SEAL _ _ to ~R~. s U~L`f~~OR~I~DAH~~
Attorneys and _ „~ ~~ _ R E S I D I N G A T M E R I D I A N, I D A H O
Counselors ~ _ V B L ~C! ~:
P.O. Boz 427 ~ f ~+-
Meridl~an4,Zdaho L A T E C O M E R S '~.~ ~~.~`P A G E 5
Telephone988~4481 ~~i~~elrOF r "~~~~~~,
STATE OF IDAHO,)
ss.
County of Ada, )
AMBROSE,
FITZGERALD
BCROOKSTON
Attorneys and
Counselors
On this
~7 day of /'~` 1991, before me, the
undersigned, a-l~o~ar,~! Public ~n n~~or said Statg,, personally
appeared , ~tfjrt lQ'd'P~' and ~_~~~~ ~/1/', !~~f a.r{or ,
known to me to e t e resident and -secretary orwest
Development Corporation, and who executed the within instrument,
and acknowledged to me that they executed the same for said
Company.
IN WITNESS
my official seal
WHEREOF, I have hereunto set my hand and affixed
the day and year first above written.
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RESIDING AT MERIDIAN, IDAHO
P.O. Box 427
Merldl2ldeho LATE COMERS AGREEMENT - PAGE 6
Telephone 8118.1481
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EXHIBIT "C"
The South half of the Southwest Quarter of the Northwest
Quarter, the Southwest Quarter of the Southeast Quarter of the
Northwest Quarter; and the North 28 acres of the Northwest Quarter
of the Southwest Quarter; all in the Section 5, T. 3 N., R,. 1 E.,
Boise Meridian, Ada County, Idaho, more particularly described as
follows:
Commencing at the West Quarter Corner of Section 5, T. 3 N., R.
1 E., B.M., Ada County, Idaho, said point being the POINT OF
BEGINNING:
thence N. 0°24'25" E. 665.35 feet to a point,
thence S. 89°35'50" E. 1982.67 feet to a point,
thence S. 0°26'42." W. 663.55 feet to a point,
thence N. 89°38'58" W. 655.74 feet to a point,
thence S. 0°26'48"~W. 912.61 feet to a point,
thence S. 89°50'22" W. 1326.48 feet to a point,
thence N. 0°26'30" E. 924.44 feet to the POINT OF BEGINNING:
containing 58.21 acres, more or less.
AMBR08E,
FITZCiERALD
8 CROOKSTON
Attomaya and
CounNlon
P.O. Box 427
Maridhm, Idaho
83842
Telephone 8884481