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Developer Diversified.~ ., ~. , G FDA COUNTY ~CCQRDER J. OAV1 NAYARRO '~'t~ .ILr~H~? ~ ~~~ oc - ~ ~~~ ~ : ~ °REC©RD QQ llll OF AA~DI~G r FEE ~ OEPUTY `~~~ 99099+80 3499 E FAIRVIEW This Agreement made and entered into this 29TH of September, 1999, by and between the CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter referred to as CITY, and DEVELOPER DIVERSIFIED, hereafter referred to as APPLICANT, their heirs, successors, assigns and personal representative. WI'I'NESSETH: WHEREAS, The following assessments are calculated by the City based upon information supplied to the City by the Applicant and/or historical information on record for a similar facility and/or established inthe City's Ordinances for the proposed type of facility. Sewer (ERU) (36) THIRTY-SIX Sewer Assessment per (ERU) $1580.00 Sewer Assessment Total $56,880.00 Sewer Latecomers Fee per (ERIJ) N/A Latecomers Fee Total N/A Water (ERU) Domestic /Landscaping (36) THIRTY-SIX Water Assessment per (ERU) $704.00 Water Assessment Total $25,334.00 Water Latecomers Fee per (ERU) $19839.00 PER AC Water Latecomers Fee Total $19839.00 * (ERU) Equivalent Residential Units NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: 1. 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 eighteen (18) months of full 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 shall be responsible for, and shall pay within (10) days the shortage of payment resulting from the re-evaluation. EFAIItVIE.WPD DEVELOPERS DIVERSIFIED ASSESSMENT AGREEMENT Page 2 reside t, ota Company, Inc. DE PERS DIVERSIFIED ('ITY OF Nr~RIDIAN ob t D. Corrie, Mayor `r``ttiuttn turyr L illiam G. Berg Jr., City Clerk / `~,~~' ~ '~ pro ~~ S~d~L " ~~~ G v '* ~5/~p ~ { `~~'~,~~ ol1Af ti `~ ~ \\~~~` ~rrrrr~i;t~i11i11~ ~''~ .. , . DEVELOPERS DIVERSIFIED ASSESSMENT AGREEMENT Page 3 STATE OF IDAHO, ) County Of Ada, ss. On this 4TH of October, 1999, befor me, the un igned, a Notary Public in and for the State Of Idaho, personally appeared, and, known or identified to me (or proved to me on the o th of ~-~~ to be President of Dakota Company, Inc. and who subscribed his name to within the instrument and acknowledged to me that he executed the same for DEVELOPERS DIVERSIFIED. ''" IN WITNESS WHEREFORE, I have hereunto set my hand and affixed my official .~ea1~tl}~¢'~ay and year first above ritten. .' a^ ,'~' ~~ ~ . c, SEAL ~ ~ J ~'~•~~, 1--~_ v : ~ _ - N Pub is d o ,~ ~, _ '` - ^ ~ ~ ~ Residing at (~ .~ p~~~ . . ,;~., ,.~ `~ My Commission Expires '~~ h ~ ~ ) •~Ft. ~.~,,,, ~r• " STATE OF IDAHO, ) County Of Ada, ss. On this 4Th of October, 1999, before me, the undersigned, a Notary Public in and for the State of Idaho, personally appeared Robert D. Corrie 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 executed the same. IN WITNESS WHEREFORE, I have hereunto set my hand and affixed my official seal the day and year first above written. ,/~ ,~~~' ~ Notary Public for Idaho ~AR~- Residing at ~G ~Li .~~~~J ~ N~ # My Commission Expires !/-U~z -D~ * 'V1L~G ~O ~~