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Boise Meridian RV ResortADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 5 0133 PM BOISE IDAHO 0?12310 II I I I II II II I I II I I II ~ II I'I'I I II'I I I III DEPUTY Bonnie Oberbillig RECORDED-REQUEST OF 105E12146~ Meridian City AGREEMENT FOR SEWER/WATER ASSESSMENT Boise Meridian. RV Resort 184 W. Pennwood Street This Agreement made and emered into this„2~'day af`~~~2005, by and betweenthe CITY OF MERIDIAN, a municipal corporation of the State of Idaho, h eafter referred to as CITY, and Boise Meridian RV Resort LLC, hereafter referred to as APPLICANT, their heirs, successors, assigns and personal representative. VYHEREAS, The following assessments are calculated by the City based upon information supplied to the City by the Applicant anciVor historical information on record for a similar facility and/or established in the City's Ordinances for the proposed type of facility. Sewer (ER[J} 56 Sewer Assessment per (ERi.n $1, 5 80 Sewer Assessment Total $88,480.00 Sewer Latecomers Fee per (ERLn 0 Latecomers Fee Total 0 Water (ERU) Domestic /Landscaping 56 / 18.35 Water Assessment per (ERt~ $704 Water Assessment Total $52,342.40 Water Latecomers Fee per (ERU) 0 Water Latecomers Fee Total 0 * (ERU} Equivalent Residential Units NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: The above recitals are contractual and binding on the parties 2. Both parties to this agreement acknowledge that the above assessments were determined from the information referenced in the first recital, and not actual metered flows, and that the assessments for the proposed facility will be re-evaluated after a period of thirty-six (36) months of fixll service, final occupancy, to determine if adjustments are warranted. The City shall refund any overpayment of assessments resulting from the re-evaluation, or the Applicant shad be responsible for, and shall pay withun forty-five (~4S) days the shortage of payment resulting from the re-evaluation. **Please return this agreement with original signatures, photocopies are not acceptable** ~~3 Boise Meridian RV Resort LLC ASSESSMENT AGREEMENT Page 2 BOISE MERIDIAN RV RESORT LLC C Meoager Secretary Tammy 'William G. Berg, Jr., ~~~ ~~~~ r ;i Clerk ~~ ~, ,~~, a 1/ 1 ~ ° ^ ~ { ~1°~~ Baise Meridian RV Resort LLC ASSESSMENT AGREEMENT Page 3 STATE OF IDAHO, County of Ada, ss. On this ~~~day of _ ~~0.Y1/ ,Z(}O5, before me, the undersigned, a Notary Public in and for the State of Idaho, per orally appeared, ~~~'`o~. ~~ and -r-- ,known or identified to me (or proved to me on the oath of ), to be the Manager and Secretary of Boise Meridian RV Resort LLC and who subscribed their names to the within instrument and acknowledged to me that they executed the same far said Boise Meridian RV Resort LI.C. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. a,~YY111111j1j ~''tl L• NF~''o, N..~.. ~i SEAL .,~ ~++. .+ ~l~ •.,. :* ~.~ •*: ~ ~ pUBLt~' O STATE OF ID~'ti~. ~.}1++++++ . 33. County of Ada, } ~~` r_____ Notary Public for Idaho Residing at i nn~~~~ 1 D~ ~ My Commission Expires ©8 On this day of ~-e6r~ar~ ,2005, before me, the undersigned, a Notary Public in and for the State of Idaho, personally appeared Tammy de Weerd and William G. Berg, Jr., known to me to be the Mayor and City Clerk of the City of Meridian, Idaho and who subscribed their names to the within instrument and acknowledged to me that the City of Meridian exearted the same. EV WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ,,,~N L. ,Q~r , N~~ SEAL ~.• ti~ ~~ .~ • •' i~•1~~TAR1' ~~~ Notary blic f Idaho * • ~•~ * : Residin at ~ fYTd ~ u $ ~ A (~ g 1,1~' My Co 's 'on Expires D o 7 Meridian City Council February 8, 2005 Page 2 of 23 thoughts, words, and actions be pleasing to you. May you give our Mayor de Weerd, Council-members, and other city leaders wisdom as they plan for our good. May you stretch out your hand of protection and comfort to our law enforcement and emergency response personnel? Bless them and their families and may you watch over our military men and women at home and abroad who fight for our freedom on our behalf. Thank you for their sacrifice. Lord, this world may bring conflict, stress, and challenges, which at times seem to overtake us, but you say in John 16:33: I have told you these things, so that in me you may have peace. In this world you will have trouble, but take heart, have overcome the world. Amen. Item 4: Adoption of the Agenda: De Weerd: Thank you, Joe. Appreciate that. Item 4 is adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: We do have some deletions and additions. On the Consent Agenda, which I'll also go through with the Consent Agenda, Item E needs to be tabled to 2/15/05 at the request -- per the request of Captain Overton. The resolution numbers on those is 05- 459 and 05-460. On Department Reports, under Item C, Planning and Zoning Department, Mr. Siddoway has asked that we -- he as Item No. 2, Western Heritage. And on the regular agenda, the ordinance numbers are 05-1131 on Item 11 and 05- 1132 on Item No. 12. And with that I'd move we approve the revised agenda. Rountree: Second. De Weerd: Okay. The motion is to approve Item 4, the adoption of the Agenda. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda: A. Findings of Fact and Conclusions of Law for Approval: VAR 04-008 Request for a Variance for off-site parking along N. 3rd Street for Holy Trinity Charismatic Episcopal Church by Holy Trinity Charismatic Episcopal Church - 237 East State Street: B. Streetlight Agreement for Sageland Subdivision: C. Assessment Agreement for Boise Meridian RV Resort: D. Water Service Easement for Brent E. Borchers in regards to Locust Grove Utility Improvements: Meridian City Council February 8, 2005 Page 3 of 23 E. Approve Liquor License for Eddv's - 501 South Main Street: F. Black Cat Trunk Sewer and Lift Station Project Addendum No. 3: G. Award of Bid for Centrate Equalization Project to RSCI: H. Resolution No. 05-459 Approving Addendum No. 2 to an Agreement by and between the City of Boise City (Legal Department) and the City of Meridian to Extend Prosecutorial and Police Legal Advisor Services to Meridian: I. Resolution No. 05-460 Adopting Dog Adoption Policy as part of the City of Meridian Police Department Policy and Procedures Manual: J. Black Cat Trunk and Lift Station: K. North Slough Sewer Trunk: L. Centrate Basin Construction: M. Water and Sewer Rate Increase Effective March 20, 2005: N. Storey Park Phase II Construction Chance Order No. 1 for Irrigation Line: O. Storey Park Phase II Construction Change Order No. 2 for Irrigation Pump: P. Storey Park Phase II Construction Change Order No. 3 for removal of irrigation line: De Weerd: No. 5 is the Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: As I said, we need to table Item E on the Consent Agenda to 2/15/05, as per Captain Overton's request. His Resolution No. 05-459. I is Resolution No. 05-460. And with that I'd move we approve the Consent Agenda and for the Mayor to sign and the Clerk to attest on all proper papers. Rountree: Second. Meridian City Council February 8, 2005 Page 4 of 23 De Weerd: Thank you. It's been moved to approve the Consent Agenda as amended. If there is no further discussion, Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Wardle, yea; Donnell, yea. MOTION CARRIED: ALL AYES. Item 6: Department Reports A. Finance Department -Stacy Kilchenmann 1. Payoff of existing Latecomer Agreements: De Weerd: Thank you. Item 6 are the Department Reports. We start with Item A, Stacy with the Finance Department. Kilchenmann: Okay. I'm here this evening representing the combined partnership of Brad Watson and myself as pertains to paying off the existing latecomers agreements. As you know, you approved a new assessment fee schedule and in that assessment fee it includes a portion for reimbursement payments to developers when they put in oversize lines. Well, we currently have -- well, we have 34 existing latecomers agreements, all with various fee schedules and the problem is is that we are charging the assessment and charging the latecomer fee, we are charging the person twice for the same thing and this -- it would become extremely tedious to keep track of all this. So, what we are proposing to do is that we go ahead and we pay off our existing latecomers fees -- or agreements, which is about 2.5 million. We have a fund that's called Fund 62, it's called latecomer fund, that's money that we have been collecting as an administration fee for some time. It's got almost 4.5 million dollars in it. So, we propose to use half of that to pay off the existing agreements, then, we would still have 2.5 million as seed money that we will add that reimbursement portion to. So, in the future when we collect an assessment fee, we will separate the part that's a reimbursement fund accounting-wise, so that we know how much we have collected and where we are at and so forth. So, are there any questions for Brad or myself? Bird: Madam Mayor? De Weerd: No. Just probably an hallelujah over this. Bird: First, yeah, hallelujah. This is the latecomers; right? Kilchenmann: Correct. Bird: And no more; right? Brad? No more?