Loading...
HomeMy WebLinkAboutLate Comer Agreement with Capital Development, Inc. for Baldwin Park.- -ti ADA COUNTY RECORDER J. DAVID NAVAARO g BOISE IDAHD 01122104 01:59 PM DEPUTY Bonnie Oberbillig RECORDED-REQUEST OF MeridianCilyPublicWorks ~III~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ AMOUNT .00 104007276 BALDWIN PARK SEWER LINE CAPITAL DEVELOPMENT INC. LATE COMERS AGREEMENT This Agreement made and entered into this ~ day of ~_, 2004, by and between CAPITAL DEVELOPMENT INC., an Idaho Corporation, hereafter referred to as "Developer", and the CITY OF MERIDIAN, hereinafter referred to as "City." WITNESSETH: WHEREAS, the City limits extend North of Ustick Road, but prior to this Agreement and the construction referred to herein, such area was not provided sewer service by the City; and WHEREAS, Developer constructed a sewer line from an existing sewer line to an area North of Ustick Road and East of Linder Road, as shown in "Exhibit A", which sewer line is able to provide service to land North of Ustick Road and East of Linder 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 72.58 acres which, if developed under the land use density projections shown on Exhibit "B", which is attached hereto and by this reference incorporated herein as if set forth in full, with land use densities shown on Exhibit "B", there would be 277 equivalent residential units (ERU) in the 72.58 acres; and WHEREAS, the sewer 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 sewer 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 sewer line could contain 277 ERU's; that the existing developed areas that eventually connect to the sewer line serviced by the City will be subject to the latecomer fees described herein; that the land not included in the Developer's subdivisions would be developed in ten years, the term that a late comers Agreement is allowed to run, and BALDWIN PARK SEWER LINE LATE COMERS AGREEMENT Page 1 WHEREAS, the total cost of constructing the said sewer line borne by Developer was $84,977.50; whereas the sewer line will benefit the Developer's subdivisions which could contain 114 ERU's, or 41.2% of the total area to be benefited by the construction of the sewer line; therefore the cost to Developer to construct the sewer line to and through the Developer's subdivisions would be $34,972.69; that by subtracting this amount as the total Developer's cost share, the total cost to all late comers is $50,004.81; and 4hen adding 10% for City Administration Cost, there should be a late comers fee of $337.46, plus interest, per ERU as shown in Exhibit "C"; and WHEREAS, Section 9-4-19 of the Sewer 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 line(s) 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 comers fee may be used to reimburse the person or persons so extending the sewer line(s). WHEREAS, pursuant to Section 9-4-18 of the Sewer Ordinance, the City is required to charge a Sewer 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 sewer 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 sewer system, shall be required to pay an additional connection charge which shall be lalown and referred to as the "Sewer Construction Equivalency Fee". NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: 1. The above recitals are contractual and are incorporated herein as if set forth in full. BALDWEV PARK SEWER LINE LATE COMERS AGREEMENT Page 2 2. That Developer has paid for engineering, planning and construction of the sewer line shown in Exhibit "A", and which will benefit the land also shown in Exhibit "A". 3. Developer has contributed $84,977.50 to total construction costs of the said sewer line, of which Developer is entitled to be reimbursed the sum of $50,004.81 plus interest, which represents land that would be served by the sewer line but is not included in the Developer's subdivisions. 4. That for all land in Exhibit "A" subsequently connecting to the sewer line referred to in Exhibit "A", except the land in the Developer's subdivisions, the City will charge the sum of $337.46 plus interest, per ERU as shown in Exhibit "C"; such users shall hereafter be referred to as "LATE COMERS"; that the charge is the sewer construction equivalency fee authorized in 9-4-18 and established by this Agreement, herein referred to as "LATE COMERS FEE"; the fee is in addition to any other sewer charges for connection to the sewer 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 Paragraph 4 shall be set aside and deposited to a special account to be designated the "BALDWIN PARK SUBDIVISION SEWER EXTENSION PROJECT REIMBURSEMENT ACCOUNT" and shall reflect interest at a rate of 6% 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 Developer. 6. That the late comer fees assessed, which will go into the BALDWIN PARK SUBDIVISION SEWER EXTENSION PROJECT REIMBURSEMENT ACCOUNT, shall increase at a rate of 6% per annum as shown in Table 1 of Exhibit ..C>, 7. That the late comer fees shall be collected by the City from all users subsequently connecting to the sewer line shown in Exhibit "A" for the land also shown in Exhibit "A", except the land in the Developer's subdivisions. BALDWIN PARK SEWER LINE LATE COMERS AGREEMENT Page 3 8. That the City shall charge the BALDWIN PARK SUBDIVISION SEWER EXTENSION PROJECT REIMBURSEMENT ACCOUNT the 10% fee as authorized under 9-4-19, which is calculated into the amounts set forth in Exhibit C. 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(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 sum of $50,004.81, plus interest, as determined in Paragraph 6 or, if this is not achieved, for a period often (10) years, or until such time the sewer line described herein is abandoned. If Developer has not been reimbursed the principal sum plus interest less administrative fees after ten (10) years from the date of this Agreement, the Agreement may be renewed by mutual Agreement of the City and Developer, at such time as the City ordinance allows for extension of a ten year tone frame. If the City does not amend this ordinance, then this agreement shall have a ten year life span. 12. This Agreement shall be binding on the assigns and successors of the parties hereto. DATED this ~'J day of ~,X'U , 2004. BY: ~~~~~~u u n unii~ii~ `\\,~y pF h9Egi~~~ ,, ~ ~Jr G ~pFtiPORq TFO t SEAL ' ATTEST: 9 ~~ - ya ~V.Sp ~gZ • ~ ~~ ~~ CITY OF MAYOR s"" / WILLIAM G. BERG, JR., ITY CLERK Approved By City Council the ~~ day of ~~~ b.~ \ I , 2004. (corporate seal) CAPITAL DEVELOPMENT INC. By Ramon Yor aso ,President BALDWIN PARK SEWER LINE LATE COMERS AGREE ENT Page 4 STATE OF IDAHO ) } ss. County of Ada, ) On this ~~day of ~aKUar~ , 2004, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DeWEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk of the CITY OF MERIDIAN, Idaho, and who executed the within instrument, and acknowledged to me that the CITY OF MERIDIAN executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above (SEAL) STATE OF IDAHO County of Ada L, { .typTgR~, ~. * ~T ~~~ l+UBLtG L4J+~ O .~ ~yTB oP `9~,$ W~4eu }ss. 1' PUBLIC FOR IDAHO at: Expires: v y/Za/off On this ~ day of ~A{'U•lQ,f , 2004, before me, the undersigned, a Notary Public in and for sand State, personally appe ed RAMON YORGASON, known and identified to me to be the President of CAPITAL DEVELOPMENT INC. that executed the instrument or the person who executed the instrument on behalf of said limited liability company, and acknowledged to me that such limited liability company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) ,~~.•~~•~ D KBL~ J ~ ~ $oTeRr - * ~.•- pvsL~o ~ ~ ~p.~ NOT PUBLIC FOR AHO Residing at: ~jo~s ~ ~ ~'~Q Commission expires: 3.31 ~ oq '~.~,9. TE OP l0 BALDWIN PARK SEWER LINE LATE COMERS AGREEMENT Page 5 EXHIBIT 'A' BALDWIN PARK SUBDIVISION SEWER LATECOMER BENEFIT AREA ~ ~ s I I I W McM ILL AN ROAD .09 A 7,23 AC Q BENEFIT 2AC AREA 5,8 4,70 AC ° 4,96 AC a 0 rc O 0 Z 10,29 AC SCALEI 1"=300' © O 0,88 A 3,99 AC n a a a a a ~ • z '• B LD IN P • Dy I P ' 62 AC IN 33 . u . BALDWIN PARK ° u • SU ~ NO. a u a a ° SU NO. i ~ u ' ~ v a j a a a a ® ~ ®z ~ ' aame a a a a -p i ' • e a B LDWIN P u ° ° ' MO ii + a a a U ' • a a a aaae u n ~ ~ SUB NO. 7 a a m a G a i NT ST . a e i ° w « ~ a x ° m ° ~ • a ° a M e a a u , e ° a .m a ~ ~ ~ u • m N}IITE PORTION OF DEVELOPER'S CON7RIBUTIONELIGIBLE FOR REIMBURSEMENT.• Total Serviced ERU's (100%) -Developer's Percentage =Percentage Eligible = 58.8% 58.8% x $ 84,977.50 = $50,004.81 LATE COMER FORMULA: (Eligible Reimbursement/Late Comer's Serviced ERV s =Late Comer Fee per ERin $ 50,004.81 = $306.78 163.00 REIMBL~LSF.MF,NT BASIS: Assume payback period often years and an overall growth rate of 100% within the Late Comer area over that ten years. The Adjusted Late Comer fee per ERU = $306.78 = $306.78 100% Plus 10% Adminfee 306.78@ 110%= $337.46 REIIVIBURSEMENT SCHEDULE: The Late Comer fee paid by each parcel, or portion thereof, who connects to the subject water line will be paid per the above agreement. The fees shall be adjusted annually on October 1, at an annual rate of 6% The latecomer fees shall be: Effective Date Latecomer Fee er ERU October 1, 2003 $ 337.46 October 1, 2004 $ 357.70 October 1, 2005 $ 379.17 October 1, 2006 $ 401.92 October 1, 2007 $ 426.03 October 1, 2008 $ 451.59 October i, 2009 $ 478.69 October 1, 2010 $ 507.41 October 1, 2011 $ 537.85 October 1, 2012 $ 570.12 Table I Page 2 "EXHIBIT B" BALDWIN PARK SEWER LINE CAPITAL DEVELOPMENT INC. SEWER LINE LATE COMERS' AGREEMENT SERVICE AREA COMPUTATIONS DATE: 12/16/2003 Latecomer Parcels Assumed ERU's/Ac: 4.0 (unless extg. Project shows otherwise) Gross Area *Projected Net Area Density Projected Ac ROW, Ac Ac ERU/Ac ERU's A 7.23 0.21 7.02 4 28 B 1.09 0 1.09 4 4 C 4.7 0 4.7 4 19 D 5.82 0 5.82 4 23 E 4.96 0.16 4.8 4 19 F 3.99 0.06 3.93 4.7 18 (Cobblefield) G 0.88 0.11 0.77 4.7 4 (Cobblefield) _ H 10.29 0 10.29 4.7 48 (Cobblefield) * Section line road ROW only -not internal Baldwin Park Nos. 1 & 2 Area: 33.62 Ac ERU's: 114 Density: 3.39 ERU/Ac Total Sewer Benefit Area: 72.58 Latecomer %: 53.7% Baldwin °k: 46.3°,6 Cobblefield #1 15.3 Ac 72 ERU's 4.71 ERU/Ac 14.99 Total Sewer Benefit ERU's: 277 Latecomer °h: 58.8% Baldwin %: 41.2% "EXHIBIT C" BALDWIN PARK SEWER LINE CAPITAL DEVELOPMENT INC. SEWER LINE LATE COMERS' AGREEMENT FEE COMPUTATIONS AREA DETERMINATION: Total Service Area = 72.58 Gross Acres Latecomers ERU =Total Service Area ERU -Developer's ERU TOTAL SERVICE AREA: DEVELOPER'SAREA: LATE COMER'SAREA FEE COMPUTATION: OF ERU TOTAL 277.00 100.0 OF ERU TOTAL 114.00 41.2 OF ERU TOTAL 163.00 58.8 DEVELOPER'S CONTRIBUTION: $84,977.50 Verified from Billings PORTIONATTRIBUTABLE TO DEVELOPER'S SUBDIVISION.• 41.2% x $84,977.50 = $34,972.69 Page 1 ~~~ ,- ~, „~ ~p~ CITY C)F 1Rd~.~~l ~ ?~ H3- _.y. ~., ~YlG~1~Y1 =" "~, ~ IDAHO j ti, ~~~~E R °~(he TREASURE V T11~Y l~^"(/SINCE 111903 MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Keith Bird Joseph NI. 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 11 1N. Bower Street 888-3579/fax 898-5501 Planning 660 E. Watertower Lane Suite 202 884-5533/fax 888-6844 Police ].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 887-1.297 - Wastewater 3401 N. Ten Mile Road 888-21.91. /fax 884-0744 - Water 2235 N.W. 8th Street 888-5242 /fax 884-1.159 1I~ ~~ ~V1 Gt~~ e~''7 ~~~~ti z ~~~ Notary Public for Idaho Residing. at: ~'~"i.~ ~ I~~c -~ ~~c~ Commission expires: /C .-/~ /~ CITY FALL 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 884-8119 ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 ' BOISE IDAHO D310910fi D2:08 PM DEPUTY Neava Haney III IIII IIIIIIIIIIIIIIIIIIIIIIII I II III RECORDED-REQUEST OF 106036640 Meridian Ciry RELEASE OF AGREEMENT LATECOMERS AGREEMENT for BALDWIN PARK- SEWER LINE CAPITAL DEVELOPMENT, INC. Agreement between CITY OF MERIDIAN CAPITAL DEVELOPMENT, INC. The agreement entered into January 13, 2004 by and between the CITY of MERIDIAN, a municipal corporation of the State of Idaho, and Capital Development, Inc.has been satisfied by the City of Meridian. We reque~s~;you~.~,;; release the agreement recorded 1/22!2004 under your instrument nu.~'~~'r~~ #104007276. ,~'~ `~ ~~~ t..j~ T~ .i7 _. ., ~ ~ . F pkg. STATE OF IDAHO ) SS County of Ada ) William G. Berg, Jr_ - ._ f ~"' t Cl ~; ~~., y4 < e.. `V ^, ~ ~ 'e,~,. ~~~~~~['rxs~ st° tta'E~. On this. ~"tit day of l b'`~(,~,~~,(`~.~,, , 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. Printed on recycled paper