HomeMy WebLinkAboutWater Line Late Comers Agreement with Sundance for Five Mile Road Water Line ExtensionOCT 83 '82 16 12 FR PUBLIC WORKS
2088871297 TO 3227307 P.02i10
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WATER LIl~ LATE CQMERS AGREEMENT
FIVE MII,E itOAD WATER LIlVE EXTENSION
SUNDANCE INVESTMENTS LIMITED PARTNERSHIP
This Agreement made and entered into this ~~day of ~' c ~ ~ ~ ~ 2002, by Azad between
SUNDANCE INVESTMENTS LIMITED PARTNERSHIP, an Idaho Limited Partnership,
hereafter ref,err~ed to as "Developer", and the CITY OF MERIDIAN, hereafter referred to as "City"
WITNESSETH:
WHEREAS, the City limits extend east of Eagle Road, but prior to this Agreement and the
construction referred to herein, such area was not provided water service by the City; and
WHEREAS, the Developer constructed a water line from an existing water line to an area east
and west of Eagle Road and south of Overland Road, as shown in "Exhibit A", which water line is
able to provide service to ]arid 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 Total
Service Area is approximately 450.98 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 could be 637 ec}arivalent
residential waits (ERU) in the 4ba.98 awes; that the Developers subdivisiou{s) consists of 98 ERIJ;
that on the lazad not included in the Developer's subdivision, there could be 539 ERU; and ~~~~~~'
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'WATER LIl~IE LATE COMERS AGR:I:I:MENT Page -1 of 6
OCT 83 '82 16 12 FR PUBLIC WORKS 2088871297 TO 32273D7
P,03i10
WI~REAS, the water line constructed by the Developer will benefit land ether than only the
land developed by Developer; that the Land that can be served by the said water line is shown in Exlvbit
"A"; that the developable land that can be leaved by the water line could contain 637 ERU's; that the
existing developed areas that eventually connect to the water line serviced b3' the City, will be subject to
the latecomer fees descn~bed herein; that 68% of the land not included in the Developer's subdivision
would be developed in ten years, the term a late comers Agreement is allowed to run, and
~~REAS, the total cost of constructing the said water line borne by the Developer was
$304,743.00; whereas the water line will benefit the Developer's Subdivision(s) which could contain
98 ERU's, or 15.4% of the total area to be benefited by the construckiop of the water line; therefore the
cyst to Developer to construct the water line to his own subdivision(s) would be $46,8$3,54; that by
~~'ting this amount as the total Developer's cost share, the total cost to all late comers is
5257,859.46; and then dividing by 68% of the remaining number of ERU's that could be served the
by
water line; and then adding a 5% administration fee to be included with each Late Comer payment
(City Code Section 9- I-13), there should be a Late comers fee of $733.90, plus imerest, per ERU as
shown in Exhibit "C"; and
AREAS, Section 9-1-13 of the Water Ordinance provides that the City may enter .into
water line extension and reimbursement agreements and ~ 3ection ft~er, provides that water users
who subsequently connect to the extended water line(s) shall be charged an eight (8) inch diameter
water line equivalency fee; said fees are in addition to the connection and user charges normally
assessed a user due tv the fact the user has not cordributed to the cost of the extended line; the above
fee is hereafter referred to as "Late Corner Fee"; the above ordinance section provides that the Late
WATER LINE LATE COMERS AGR:F~:MENI'
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OCT 83 '82 16 12 FR PUBLIC WORKS 2088871297 TO 3227307 P.04i10
comers fee may be used to reimburse the person or persons so extending the water iirre(s).
~~~~, Pent to Section 9-1-12 of the Water Ordinance, the City is required to
charge a Water 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 water 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 water systerr~ shall
be required to pay are additional connection charge which shall be known and referred to as the "Water
Constriction F-quivalency Fee",
NOW, THEREFORE, TT IS HEREBY AGREED AS FOLLOWS:
l . The above recitals are corrbractual and are incorporated herein as if set forth in fiill.
2- That the Developer has paid for engineering, p)annmg and construction of the water
line shown in Exlu`bit ^A", and which will benefit the land also shown in Exhibit "A,.
3- The Developer has corrtrybuted $304,743.00 to total construction costs of the said
water line, of which Developer is entitled to be reimbursed the sum of 5257,559.46 plus interest, which
represents land that could be served by the water line but is not included in Developer's subdivision.
4. That far all land in Exhubit "A" subserluerrtly corutecting to the water line referred to in
Exhibit "A°, except the laud in Developer's Subdivision(s), the City will charge the sum of $733.90
plus interest, per ERU as shown in Exhibit "C", such users shall hereafter be referred to as "LATE
COMERS' ; that the charge is the vv8ter consht~ction trivalency fee authorized in 9-1-12 artd
established by this Agreement, which fee shall herein be referred to as 'Z,ATE COMERS FEE "; the fee
is in addition to auy other water charges for cormection to the water system; the computation of the
WATER LINE LATE COMERS AGR:EIIVIEN7'
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82 16 12 FR PUELIC WORKS 2088871297 TO 3227307
P.05i10
Late Comers Fee is shown on Exhibit "C" attached hereto and by this reference incorporated herein.
5- 'That all the late corner fees assessed above in Paragraph 4 shall be set aside and
deposited to a special account to be designated the "F1yE I~,E ROAD WATER LINE
EX'1'ENSiON (SUNDANCE) PROJECT REIMBURSEMENT ACCOUNT" and shall re$ect
interest at a rate of 6% to be ~cn,ed on the unpaid balance once a year at the City's Fiscal Year End
(9/30) each year for the term ofthe agreement, and shall be distn'buted quarterly io the Developer.
6. 'c'hat the late comer fees assessed, which will go irno the FIVE MILE ROAD
WATER LINE EXTENSION PROJECT (SiTNDANCE) REIl1~iBURSEME~ ACCOUNT,
shall increase ai a rate of 6% per annum as shown in Table I of L'xhibit "C".
7. That the late comer fees shall be collected by the City from all users subseque~y
connecting to the water line shown in Exhibit "A" for the land also shown in Exhibit "A", except the
Land in Developer's Subdivision_
8. That the City shall charge the FI'vE M1I.E ROAD WATER LIlVE EXTENSION
(SUNDANCE) PROJECT REI'11~URSEIIIENT ACCOUNT the 5% fee authorized by 9-1-13.
9- That the City shall have prepared on an annaa] basis an audit of all funds collected
Pent to this Agreement, which audit shall coincide with the genets! audit ofthe City, that the cost
of this audit shall be paid by the City as part of its administrative costs.
I~. It is agreed that the water Iine(s) refierenced in F.xlLbit "A" is the ProP~y of the City
and shall h~cefo~ be maintained by the City at its sole cost and expense.
11 The term oft~is Agreement shall be until Developer has been reimbursed the principal
sum of $232,328.82., Plus Interest, as determined in Paragraph 6, Ies<s the 5% administrative fee or, if
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WATLR r .nv~ ~a
LATE comma A ~ _~ _-
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OCT 83 '82 16 12 FR PUBLIC WORKS 2088871297 TO 3227307 P.06i1e
this is not achieved, for a period often (10) years or, until such time the water line described herein is
abandoned. if the Developer has not beers reimbursed the principal sum plus interest less
administrative fees after ten (10) years from the date of this Agreemenrt, the Agreement may be
renewed by mutual Agreement of the City and the Developer, at such time as the City ordinance
allows for extension of a ten year time frame, if the City does not amend this ordinance, then this
agreement shalt have a ten year life span.
12. This Agreemern shall be binding on the assigns and successors oftee parties hereto.
DATED this ~ day of 0 c} e 10 2i , 2002_
BY' C OF MHRIDIAN
~~~~~unuir~,~n,
\,.~y pF Mkl~jO''~,/ OBERT D. CORRIE, MAYOR
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ATTEST: `~ ~° -
9G o~' WII.LIAM G. $EtZG, JR., CLERK
%.
., -9 ,city Counal: l d -'! S- ~ ~
SUNDANCE INVESTMENTS LIl~IITED PARTNERSHIP
(corporate seal)
By _
R Andersen, Vice president of
e Sundance Com~parry, an authorized agent
of Sundance Investments Limited Partnership
wAT~x LIlV1~ LATE co1~I~ A
Page - 5 of 6
~~itials
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16 12 FR PUBLIC WORKS
STATE OF IDAHO,)
County of Ada, )
ss.
2088871297 TO 3227307 P.07i10
w
On this ~ day of _ ~~ `~UV~ l
2002, before me, the undersigned, a Notary Public in
and for said State, personally ~P~'ed ROBERT D. CORRIE and WII.LIAM G. BERG, JR., known
to me to be the Mayor and City CIerk of the CITY OF MERIDI.A,N, Idaho, and who executed the
within iastnrment, and acknowledged to me that the CI"I'Y OF MERIpIAN executed the same.
IN ~TNESS WI~REOF, I have hereunto set my hand and affixed my official seal the day
and Y~ first above written.
SEAL
O N 5~;.
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STATE OF IDAHO,)
County of,A,da, )
ss.
vY ~`a~l~~~~ lw~ti~-(~ ~
NOTARY PEIBLIC Ff~R iD i0
RESIDING AT ~4 ~ f,L ~ ~~
MY COMNIISSION EXPIRES - -~
On this ~ day of C~`~ ,~, 2pp2, before mq the tmdersi
for said Stater personally appeared Ryan Anderson, known to me to bed eNPresident of rTHE
SLTNDANC"li< INVESTMENTS LIMIT>~D PARTTTERSffit', anri who executed the within
instn~ment on behalf of said Limited Partnership, ~ acknowledged to me that said Limited
Partnership executed the same.
IlV WITNESS WHEREOF, I have hereunto set my hand and affaced my official seal the day
and year first above written.
SE • ~4' .~' •'~. O.p',.
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NOTARY pi TRT,.TC FOIZ IDAHO
RESIDING AT ~ ~ ~ ~ ~
MY COMI4IISSION EXF'IRES_ 1 Z - ~ b-{~ ~-
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Page - 6 of 6 ~'~
WAR LzNE LATE COMERS AGREEMI NT
OCT 83 '82 16 12 FR PUBLIC WORKS 2088871297 TO 3227307
P.08i10
Sundance Investments Limited I'ar#nership
Latecomer`s Agreement
Exhibit "A"
Latecomer's Ar
ea
0 1000 2000 3000 4000 Feet
~oitia/s N
W E
~ .f S
Sundance Investments Limited Partnership -Water Latecomer Agreement
SILVERSTONE SUBDIVISION WATER LATECOMER ERU CALCULATIONS
Developer: Sundance Development Co.
Parcels from Ada County GIS Mapping ERU's Projected Projected Total
Primowner Acreage Land Use per acre ERU's Latecomer Pavmr
LATECOMER PARCELS
Running Count
Likely to Develop of Parcels Likely
Within 10 Years? To Develop
KEPUS CHRISTOPHER J 8 KATHLEEN M 253.5/ i
67
81 ~ MU
MU j 1.14
1
14 ' 95 $66,400 I Y 95
IDAHO ELKS REHAB HOSPITAL INC ~
.
52.62 I
MU .
1.14 77
60 $53,819
$41
937 I Y 172
VAN AUKER RONALD W
32.90
MU
1.14 I
38 ,
$26
560 Y
Y 232
VAN AUKER RONALD W
' 16.17
MU
1.14
18 ,
$12
581
I Y 270
KENAI PARTNERS LLC
12.30
MU
1.14
14 ,
$9
785
Y tgg
RACKHAM L L C
,SUTHERLAND FARM
INC
i 10.91
I
RES
2.8 I
31 .
$21,668
Y 302
I 333
,
.
KENAI PARTNERS LLC 10.24 I
I 10.01 MU
MU I 1.14
I 1.14 I 12
11 $8,387
$7
688 Y
Y , 345
COULTER KENNETH D 8 CONNIE
9.91
MU
1.14 I
11 ,
$7
688 356
TERTELING COMPANY INC
9.90
RES
2.8
28 ,
$19
571
Y 356
KEPUS CHRISTOPHER J 8 KATHLEEN M
9.77
RES i
2.8
27 ,
$18
872 384
SPOFFORD CONNIE L 8 PHILIP W
9.40
RES
2.8 ~
26 ,
$18
173 Y 411
KENAI PARTNERS LLC
7.81
RES
2.8
22 ,
$15
377
Y 411
RACKHAM LAWRENCE H 8 J'DEANNE F TRUST
4.44
RES
2.8
12 ,
$8
387 433
RACKHAM L L C
4.19
RES
2.8
12 ,
$8
387 433
VAN AUKER RONALD W
2.98
MU
1.14
3 ,
$2
097
Y 433
ADA COUNTY HIGHWAY DISTRICT
2.89 I
0
0 , 436
ADAMS WILLIAM B 8 IRENE F
I 2.02
RES
2.8
6 $0
$4
194 436
HUTT DONALD O 8 KARYN MARIE
~
I 1.86
RES
2.8 I
5 ,
$3
495 I 436
TIBBETTS JERRY L & CAMILE A
'
~ 1.76 !
RES
2.8 i
5 ,
$3
495 436
COLUMBIA INVESTMENT LLC
1.67 I
RES
2.8 i
5 ,
$3
495 436
,BARYON LEWIS E 8 MARYANN
1.63
RES
2.8 I
5 ,
$3
495 436
COLUMBIA INVESTMENTS LLC
1.45
RES
2.8 I
4 ,
$2
796 436
I GREEN ROBERT W 8 ELIZABATH A
' 1.01
RES
2.8
3 ,
$2
097 436
KELLER LANCE
1.00
RES
2.8
3 ,
$2
097 436
VAN AUKER RONALD W
1.00
RES
2.8
1 ,
$699 436
BEITZ LEONARD F 8 NANCY H
1.00
RES
2.8
1
$699 436
KELLER LANCE H
0.99
RES
2.8 I
1
$699 436
FAZENBAKER GARY L 8 DEBRA G
0.79 i
RES
2.8
1
$699 436
SWEET JAMES EDWARD JR 8 JOY
0.60
RES
2.8 ~
1
$699 436
SWEET JAMES E JR 8 JOY L
I 0.43
RES i
2.8
1
$699 436
OVERLAND WAY HOA INC
0
08
0
0 436
OVERLAND WAY HOA INC .
0
03 i
0 $0 436
. 0 $0 436
dan oa n
-•~~ ~~~ =nom ~ crcu s uKery to develop: 436
Total Projected ERU's: 637
Likely to develop w/in 10 Yrs: 68
' Denotes portion within latecomers area
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Page 1 silverstone H2O LC.10-8-02.xls
101812002
"EXHIBIT C"
SUNDANCE INVESTMENTS L.P.
SILVERSTONE WATER LINE LATE COMERS' AGREEMENT
FEE COMPUTATIONS
AREA DETERMINATION•
Total Service Area = 460.98 Gross Acres
Latecomers Area =Total Service Area -Developer's Area
OF
TOTAL
TOTAL SERVICE AREA PROJECTED ER U's: 63 7 ; t} ~~ . (}
OF
TOTAL
DEVELOPER'S AREA PROJECTED ERU's: 98 15.4
OF
TOTAL
LATE COMER'S PROJECTED ERU's: 539 84.6
FEE COMPUTATION•
DEVELOPER'S CONTRIBUTION.• $ 304,743.00 Verified from Billings
PORTIONATTRIBUTABLE TO DEVELOPER'S SUBDIVISION.•
15.4% x $304,743.00 = $46,883.54
PORTION OF DEVELOPER'S CONTRIB UTION ELIGIBLE FOR REIMB URSEMENT.•
Total Service Area (100%) -Developer's Percentage =Percentage Eligible = 84.6%
84.6% x $ 304,743.00 =
$257,859.46
LATE COMER FORMULA:
(Eligible Reimbursement/Late Comer's Service AreaERU's =Late Comer Fee per ERU)
$ 257,859.46 = $478.40
539.00
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REIMBURSEMENT BASIS:
Assume payback period often years and an overall growth rate of 68%
within the Late Comer area over that ten years. The Adjusted Late Comer
fee per ERU =
$ 478.40 = 8698.95
68%
ADMINISTRATIVE FEE.•
An administrative fee will be added to the latecomer fee to cover costs to the 5%
Latecomer Fee w/ City Administration Cost:
$698.95 x 5% _ $733.90
REIMBURSEMENT SCHEDULE:
The Developer paid the costs of installing the water line. 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 assessed to each latecomer shall be adjusted annually on
October 1st, at an annual percentage rate of 6%
The latecomer fees shall be:
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Meridian City Council Meeting October 15, 2002
The Regular Meeting of the Meridian City Council was called to order at 7:00 P.M. on
Tuesday, October 15, 2002, by Mayor Robert D. Corrie.
Members Present: Mayor Robert Corrie, Tammy de Weerd, Keith Bird, Cherie
McCandless, and William Nary.
Others Present: Bill Nichols, Brad Hawkins-Clark, Gary Smith, Brad Watson, Ken
Bowers, Dean Willis, and Will Berg.
Item 1. Roll-call Attendance:
X Tammy de Weerd X Bill Nary
X Cherie McCandless X Keith Bird
X Mayor Robert Corrie
Corrie: All right. I'm going to open the Meridian City Council Regular Meeting on
Tuesday, October 15, 2002, at 7:00 P.M. Would you, please, have roll call attendance,
please, Mr. Clerk?
Item 2: Adoption of the Agenda:
Corrie: Okay. Item Number 2 is the Adoption of the Agenda. Council, any additions, or
corrections to the agenda?
Bird: I have none.
Corrie: Okay. Hearing none, I'll entertain a motion to adopt the agenda as written.
Bird: Mr. Mayor?
Corrie: Mr. Bird.
Bird: I would move that we adopt the agenda as published.
McCandless: Second.
Corrie: Okay. Motion has been made and seconded to adopt the agenda as published.
Any further discussion? Hearing none, all those in favor of the motion say aye. All
ayes. Motion carried.
MOTION CARRIED: ALL AYES
Item 3. Consent Agenda:
A. Approve minutes of October 1, 2002 City Council Regular Meeting:
Meridian City Council
October 15, 2002
Page 2 of 41
B. Findings of Fact and Conclusions of Law: MI 02-008 Request
for approval to construct a temporary private road for the
construction of Phase 1 of Fairview Lakes by Hopkins Financial
Services, Inc. - 824 East Fairview Avenue:
C. Findings of Fact and Conclusions of Law: RZ 02-002 Request
for a rezone of 1.52 acres from R-4 to L-O zones for the Holy
Nativity Episcopal Church by the Holy Nativity Episcopal Church
- 1021 West 8 Street:
D. Findings of Fact and Conclusions of Law: AZ 02-017 Request
for annexation and zoning of 5.41 acres from M-1 to I-L zones for
Ronald Yanke property by Ronald Yanke and Walter T. Sigmont
Jr. -northwest corner of East Franklin Road and North Eagle Road
on East Lanark Street:
E. Findings of Fact and Conclusions of Law: AZ 02-018 Request
for annexation and zoning of 5 acres from RUT to L-O zones for
Bair Property Annexation by Donn Reiswig - 3975 East Franklin
Road:
F. Development Agreement: AZ 01-009 Request for annexation
and zoning of 8.15 acres from RUT to R-4 zones for proposed
Staten Park Subdivision by CMD, Inc. -southeast corner of North
Black Cat Road and West Ustick Road:
G. Agreement for Services with MD Willis, Inc.:
H. Approve New Beer and Liquor License Applications for
Goodwood Barbecue - 1140 N. Eagle Road:
I. Approve Beer License Transfer and New Liquor License
Application for Tequila Grill Restaurante by David Samuelson
- 2031 E. Fairview Avenue, Suite 103:
J. Silverstone Subdivision Water Latecomer Agreement -
Sundance Development Company:
K. Sale and Purchase Agreement, Permanent Slope Agreement,
Temporary Construction Easement, and Addendum to
Temporary Construction Easement for the Overland Road
Rebuild Project -Ada County Highway District:
Corrie: The next item is the Consent Agenda.
Bird: Mr. Mayor?
Corrie: Mr. Bird.
Meridian City Council
October 15, 2002
Page 3 of 41
Bird: I would move that we approve the Consent Agenda as noted and for the Mayor to
sign and the Clerk to attest on all contracts and papers necessary to be signed.
De Weerd: Second.
Corrie: Okay. Motion has been made and seconded to approve the items on the
Consent Agenda, A through K. Any further discussion? Hearing none, roll call vote, Mr.
Berg.
Roll call vote: McCandless, aye; Nary, aye; DeWeerd, aye; Bird, aye.
Corrie: Okay. All ayes motion is approved.
MOTION CARRIED: ALL AYES
Item 4. Department Reports:
Corrie: The next item is Department Reports. Any Department Reports at this time?
Item 5. (Items Moved from Consent Agenda)
Corrie: All right. Item Number 5 is items moved from the Consent Agenda. There are
no items moved.
Item 6. Ordinance Number AZ 01-009 Request for
annexation and zoning of 8.15 acres from RUT to R-4 zones for proposed
Staten Park Subdivision by CMD, Inc. -southeast corner of North Black
Cat Road and West Ustick Road:
Corrie: So Item 6 is an ordinance. Can you give me the number of that, Mr. Berg?
Berg: Sorry I wasn't prepared, Mr. Mayor. It's Ordinance Number 02-979.
Corrie: All right. Ordinance Number 02-979, request for annexation and zoning of 8.15
acres from RUT to R-4 zones for proposed Staten Park Subdivision by CMD, Inc.,
southeast corner of Black Cat Road and West Ustick Road. At this time I would like to
have, the City Clerk read Ordinance Number 02-979 by title only, please.
Berg: Thank you, Mr. Mayor, Members of the Council Ordinance Number 02-979. An
Ordinance finding that certain land to be known as Staten Park Subdivision, the location
of which lies contiguous or adjacent to the city limits of the City of Meridian, County of
Ada, State of Idaho, and finding that the owner Cap Co, Inc., an Idaho corporation, has
made a request for annexation in writing to the Council, that said land be annexed to the
City of Meridian and zoning designated Low Density Residential District (R-4) and
declaring that said land by proper legal description as described below be a part of the
City of Meridian, County of Ada, State of Idaho, repealing all ordinances, resolutions,
orders, or parts thereof in conflict herewith and directing the city engineer to add said
property to the official map of the City of Meridian, Idaho, and directing the clerk of the
City of Meridian to file a certified copy of the ordinance and map of the area to be