Reimbursement - 2025 - Avimor Credit For Voluntary Maintenance Payments (Avimor Water System) - 1/28/2025AGREEMENT FOR CREDIT
FOR VOLUNTARY MAINTENANCE PAYMENTS
(Avimor Water System)
This AGREEMENT FOR CREDIT FOR VOLUNTARY MAINTENANCE PAYMENTS
("Agreement") is entered into this 28th day of January, 2025 ("Agreement Date"), by and
between the City of Eagle, a municipal corporation of the State of Idaho ("City"), and Avimor
Development, LLC, an Idaho limited liability company ("Avimor"). City and Avimor may be
referred to in this Agreement individually as a "Party" or collectively as the "Parties", as
warranted under the circumstances.
Recitals
A. Avimor owns or controls large tracts of real property in Ada, Boise, and Gem
Counties (the "Property").
B. The Property has been annexed into the City of Eagle as a mixed -use planned
community (the "Avimor Project") pursuant to City of Eagle Ordinances 901 and 902,
incorporated herein by reference, which ordinances legally describe and depict the Property.
C. The residential common areas of the Avimor Project are operated and managed by
the Avimor Residential Community Association, Inc., an Idaho nonprofit corporation, functioning
as a homeowner's association (the "Avimor HOA").
D. City owns and operates a domestic water utility that provides domestic water
services throughout the municipal boundary of the City of Eagle.
E. The Property is within the City's water service area pursuant to Eagle City Code
Section 6-5-3(A) (Ord. 517, 5-10-2005).
F. The Parties, together with Sage Investment Partners LLC ("Sage"), entered into
that certain Agreement for Service dated March 22, 2022 (the "Water Service Agreement")
attached hereto and incorporated herein as Exhibit A.
G. Pursuant to the Water Service Agreement: (i) City agreed to provide water service
to the Property (as further identified and described in the Water Service Agreement); (ii) Avimor
and Sage agreed to obtain approvals for and to design and construct the "Water Facilities" (as
defined in the Service Agreement); and (iii) City agreed to accept ownership of the Water Facilities
as they are completed and to be "solely responsible for management, maintenance and operation"
of such Water Facilities following dedication. In addition, pursuant to the Water Service
Agreement, the City shall manage the Water Facilities "in a manner consistent with the City of
Eagle's management and operation of its other water utility facilities within the State of Idaho".
H. Pursuant to that certain Development Agreement (Avimor) by and between City
and Avimor dated July 26, 2023 and recorded in the real property records of Ada County, Idaho
as Instrument No. 2023-044295 on August 2, 2023, City agreed that: "Following dedication of any
AGREEMENT FOR CREDIT FOR VOLUNTARY MAINTENANCE PAYMENTS - 1
Water System pursuant to this Agreement or the Water Service Agreement, City shall own and
maintain the dedicated Water System facilities."
I. Avimor has acquired, designed, developed, and constructed a significant portion of
the Water Facilities, including: (i) domestic water permits; (ii) two domestic wells; (iii) a booster
pump station; (iv) a 500,000 gallon water tank; (v) approximately 48,000 linear feet of 20" HDPE
water main; and (vi) all necessary real and personal property improvements to operate items (i)-
(v) as a domestic water utility (collectively, the "Water System").
J. The Water System was dedicated by Avimor to the Avimor Community
Infrastructure District No. 1, a community infrastructure district duly organized and validly
existing pursuant to the laws of the State of Idaho and a political subdivision of the State of Idaho
("District") pursuant to that certain Community Infrastructure Acquisition Agreement dated
effective June 24, 2024 by and between Avimor and District (the "District Acquisition
Agreement") and that certain Bill of Sale dated May 31, 2024 by and between Avimor and
District.
K. Pursuant to the District Acquisition Agreement, District accepted the Water System
temporarily on behalf of the City.
L. City is now ready to accept the Water System from the District, but has requested
that Avimor voluntarily agree to pay the Water System Maintenance and Operation Costs (defined
in Section 1) in exchange for Service Credits (defined in Section 5) for Avimor and the Avimor
HOA all on the terms and conditions set forth in this Agreement.
M. City has the authority to enter into this Agreement pursuant to Eagle City Code
Section 6-5-4(E) as a special contract given the size and scale of the Avimor Project and the
contribution of the Water System by Avimor to the City.
N. The Parties desire to enter into this Agreement to detail the scope and duration of
the Water System Maintenance and Operation Costs to be voluntarily paid by Avimor and to detail
the Service Credits against water service user fees to be granted to Avimor and the Avimor HOA.
AGREEMENT
1. Water System Maintenance and Operation Costs. For the purpose of this
Agreement, "Water System Maintenance and Operation Costs" collectively means the
following costs incurred by the City in connection with City's obligation to operate and maintain
the Water System, and no other costs of any kind: (i) electric power utilities; (ii) testing and
treatment, and related equipment and chemicals, that is required by local, state, or federal agencies
with jurisdiction over the Water System; (iii) public utility insurance; (iv) licensing fees for the
Supervisory Control and Data Acquisition (SCADA) system to operate the Water System; and (v)
City auditor services to administer this Agreement.
2. Duration of Payment of Costs. Avimor shall pay to the City the Water System
Maintenance and Operation Costs, in accordance with the terms and conditions of this Agreement,
from the Effective Date (defined in Section 7) until the sooner to occur of the following: (i) the
Water System is serving 300 Equivalent Dwelling Units; or (ii) the rate payers served by the Water
AGREEMENT FOR CREDIT FOR VOLUNTARY MAINTENANCE PAYMENTS - 2
System have collectively paid monthly water service user fees to the City that are equal to or
exceed the Water System Maintenance and Operation Costs for six (6) consecutive months.
"Equivalent Dwelling Unit" or "EDU" means a unit of measure that standardizes water usage of
all land use types (housing, retail, office, etc.) to the level of demand created by a single-family
detached housing unit within the City, which is one (1) EDU. For all development on the Property
served by the Water System that is not single-family detached housing, the service EDUs will be
calculated in accordance with the EDU multiplier table attached as Exhibit B, and incorporated
herein.
3. Water System Maintenance and Operation Costs Retainer. Promptly following
the Effective Date, Avimor shall deposit $5,000.00 (the "Retainer Fund") with the City Clerk.
Avimor acknowledges and understands that the Retainer Fund is not an estimate of the total Water
System Maintenance and Operation Costs anticipated to be advanced under this Agreement, nor it
is a cap or "not to exceed" number. Rather, the Retainer Fund is to be held to ensure Avimor is
able to abide by the terms of this Agreement regarding the timely payment of Invoices (defined in
Section 4) in accordance with this Agreement. If Avimor is unable to remain current with all
outstanding Invoices in accordance with this Agreement, the City may utilize the monies in the
Retainer Fund to apply toward such Invoices. The Retainer Fund shall be refunded to Avimor
within thirty (30) days of the date when Water System Maintenance and Operation Costs are no
longer required to be advanced by Avimor pursuant to Section 2 and all Invoices have been paid.
4. Water System Maintenance and Operation Costs and Invoices. To facilitate
payment of the Water System Maintenance and Operation Costs, the City will provide monthly
statements to Avimor (each an "Invoice") detailing the following:
a. City Costs. Water System Maintenance and Operation Costs incurred in the
prior calendar month along with copies of supporting documentation such as
receipts and invoices that provide sufficient detail, in Avimor's discretion, to
describe the costs incurred to ensure such costs are in fact Water System
Maintenance and Operation Costs. Each invoice shall also include the total
amount of Water System Maintenance and Operation Costs paid by Avimor
during the Term (defined in Section 7).
b. Water System Revenue. Revenue generated in the prior calendar month by the
rate payers connected to the Water System generated from payment of the
City's then current (i) Base Monthly Fee per EDU; and (ii) Consumption Rate
per 100 cubic feet fees only (collectively, "User Revenue"), along with data
and records to justify the User Revenue. The City's current Water Fee Schedule
as of the Agreement Date is attached hereto and incorporated herein as
Exhibit C. It is anticipated that the fees/rates for the Base Monthly Fee per EDU
and Consumption Rate per 100 cubic feet will be adjusted during the Term,
which amendments will be applicable to rate payers connected to the Water
System and shall be automatically reflected in the User Revenue calculations
prepared by the City in each Invoice. For the avoidance of doubt, rate payers
connected to the Water System shall not pay any fees as described in Section
12 of this Agreement.
AGREEMENT FOR CREDIT FOR VOLUNTARY MAINTENANCE PAYMENTS - 3
Invoices shall be provided by the City to Avimor on or before the 15th day of each month for
Water System Maintenance and Operation Costs incurred in the prior month, and shall provide all
of the information set forth above. Uncontested Invoices shall be paid in full within 45 days of
receipt. If Avimor contests any portion of an Invoice, Avimor will promptly notify the City Clerk's
office pursuant to Eagle City Code § 1-7-4(13)(2)(b), and the Parties will promptly and diligently
endeavor to resolve the contested amounts. If the Parties are unable to come to agreement on an
Invoice for the Water System Maintenance and Operation Costs, either Party may provide the other
Party notice and intent to mediate the matter. The Parties shall agree on a mediator selected from
the Idaho Supreme Court Mediators Roster. While the matter is in mediation, the City will continue
to review the Development Submittals and Avimor will continue to pay all uncontested Invoices.
While the matter is in mediation, the parties will continue to perform all duties and obligations
under this Agreement. If mediation is not successful, the Parties shall have all rights set forth in
Section 15 of this Agreement.
5. Water User Credit. Following the Effective Date, Avimor and the Avimor HOA
are future rate payers with the City's water utility area that will utilize City water service as
provided by the Water System. Avimor and the Avimor HOA are collectively entitled to a credit
in the total amount of all Water System Maintenance and Operation Costs actually paid pursuant
to this Agreement against: (i) all base monthly fees per EDU; and (ii) consumption rate fees
currently being charged by the City to Avimor and the Avimor HOA (collectively, the "Service
Credits"). Each Invoice shall include a statement of the total Service Credit applied to the rate
payer accounts of Avimor and the Avimor HOA for the prior month along with a statement of the
total amount of Service Credits provided to the date of the Invoice. City shall continue to apply
Service Credits until the Cost/Credit Balance (defined in Section 6) reaches $0.00. Service Credits
cannot be assigned by Avimor or the Avimor HOA and must be unutilized by the Avimor or the
Avimor HOA.
6. Cost/Credit Balance. City's Invoices issued in accordance with the Agreement
shall include a "Cost/Credit Balance" amount, which is the total amount of Water System
Maintenance and Operation Costs paid to date by Avimor less the total amount of Service Credits.
The Cost/Credit Balance amount shall not accrue interest.
7. Effective Date and Term. This Agreement shall become effective following:
(i) mutual execution by the Parties; and (ii) dedication by the District, and acceptance by the City,
of the Water System as required by the Water Service Agreement. The "Term" of this Agreement
shall run from the Effective Date through the date in which the City brings the Cost/Credit Balance
down to $0.00. Following the expiration of the Term, this Agreement shall automatically terminate
and be of no further force or effect except with respect to any terms or conditions herein that
expressly survive termination.
8. Retainer Fund Notice. If the Retainer Fund amount falls below a total of $5,000,
the City shall provide notice to Avimor that the Retainer Fund needs to be replenished ("Retainer
Fund Notice") and following such Retainer Fund Notice, Avimor shall promptly replenish the
Retainer Fund to the initial balance.
9. Notices. Any notice under this Agreement shall be in writing and be delivered in
person, by electronic mail, by public or independent private courier service (so long as such service
AGREEMENT FOR CREDIT FOR VOLUNTARY MAINTENANCE PAYMENTS - 4
provides written confirmation of delivery), or certified U.S. mail, return -receipt requested. All
notices shall be addressed to the Parties at the addresses contained herein or at such other addresses
as the parties may from time to time direct in writing.
If to Developer: Avimor Development, LLC
Attn: Dan Richter, Managing Member
5963 W. Avimor Dr., Suite 200
Eagle, ID 83714
Email: danr@avimor.com
With copy to: Givens Pursley LLP
Attn: Jeff Bower
601 W Bannock
Boise, ID 83702
Email: jeffbower@givenspursley.com
If to City: City of Eagle
Attn: City Clerk
660 E. Civic Ave.
Eagle, ID 83616
Email: clerks@cityofeagle.org
With copy to: Borton-Lakey
Attn: Victor Villegas
141 E Carton Ave.
Meridian, ID 83642
Email: victor@borton-lakey.com
10. Counterparts. This Agreement may be executed in counterparts, each of which
shall constitute an original, but all together shall constitute one and the same Agreement. Delivery
of an executed counterpart of a signature page to this Agreement via facsimile or electronic mail
shall be as effective as delivery of an original signed copy.
11. Agreement to Serve. City shall promptly accept ownership of the Water System
and begin operation of the same by providing water service to the Avimor Project in accordance
with the Water Service Agreement. The Parties acknowledge and agree that the Water Service
Agreement remains valid and is in good standing. Except as expressly provided in this Agreement,
nothing in this Agreement is meant to alter, amend, or replace any term, condition, right, or
obligation in the Water Service Agreement.
12. No Capitalization Fees. The Parties acknowledge and agree that the Water System
was designed, constructed, and paid for entirely by Avimor and that the Water System constitutes
a major piece of public infrastructure with regional benefits. As a major piece of regional public
infrastructure privately funded by Avimor and dedicated to the City at no cost, no ratepayers or
EDUs within the Avimor Project, as approved by that certain Development Agreement (Avimor),
which is Ada County, Idaho Instrument No. 2023-044295 for 8,761 residential units and 860,000
square feet of non-residential development, are subject to any water capitalization fee, or similar
AGREEMENT FOR CREDIT FOR VOLUNTARY MAINTENANCE PAYMENTS - 5
equity buy -in fee, that may be imposed by the City because no equitable means of funding a
proportionate share of the Water System is needed. This Section 12 expressly survives beyond the
Term of this Agreement or any termination of this Agreement.
13. Binding Effect; Assignment. This Agreement shall be binding upon and inure to
the benefit of the Parties and their successors and assigns.
14. Integration; Amendment. This Agreement contains the entire agreement between
the Parties relating to subject matter herein, and neither Party shall be bound by any verbal
statement or agreement made heretofore. This Agreement may only be amended, modified, or
changed by a written document properly executed by the Parties.
15. Remedies. If either Party defaults in the performance of this Agreement, the other
Party shall have all rights and remedies available at law or equity, including specific performance.
In any suit, action or appeal therefrom to enforce or to interpret this Agreement, the prevailing
parry shall be entitled to recover its costs incurred therein, including reasonable attorneys' fees and
costs.
16. Waiver. Waiver of performance of any provision of this Agreement shall not be a
waiver of, nor prejudice, the party's rights otherwise to require performance of the same provision
or any other provision.
17. Severability. If any term or provision of this Agreement, to any extent, shall be
held invalid or unenforceable, the remaining terms and provisions herein shall not be affected
thereby, but each such remaining term and provision shall be valid and enforced to the fullest
extent permitted by law.
18. Exhibits. All exhibits hereto are incorporated as if fully set forth herein.
19. Time of The Essence; Business Days And Hours. Time is of the essence in this
Agreement. A business day is herein defined as Monday through Friday, 8:00 A.M. to 5:00 P.M.
in the local time zone where the Water System is located. A business day shall not include any
Saturday or Sunday nor shall a business day include any legal holiday recognized by the State of
Idaho as found in Idaho Code § 73-108. The time in which any act required under this Agreement
is to be performed shall be computed by excluding the date of execution and including the last day.
The first day shall be the day after the date of execution. If the last day is a legal holiday then the
time for performance shall be the next subsequent business day.
20. Authority. Each individual executing this Agreement represents and warrants that
he or she is duly authorized to execute and to deliver this Agreement on behalf of the party such
individual represents and that this Agreement is binding upon said party.
[end of text; signature pages follow]
AGREEMENT FOR CREDIT FOR VOLUNTARY MAINTENANCE PAYMENTS - 6
IN WITNESS WHEREOF, the Parties have executed this Agreement, effective as of the Effective
Date.
THE CITY:
CITY OF EAGLE, IDAHO, a municipal
corporation organized and existing under
the laws of the State of Idaho
By:
rad Pike, Ma r
,lEA U'
• •• ,' ,
Attest: .� ��• •tee o R =
r •
Tracy E. Os b ity Clef '•.n r,itr�� �:�' .�"
DATED: I �,Cf /aaoZcj S1I f
Council Approval: I I aslaa'a.s
Exhibits:
Exhibit A — Water Service Agreement
Exhibit B — EDU Multiplier Table
Exhibit C — City Water Fee Schedule
AVIMOR:
AVIMOR DEVELOPMENT, LLC, an Idaho
limited liability company
Dan "chter, Member
DATED: 2' I31 25
AGREEMENT FOR CREDIT FOR VOLUNTARY MAINTENANCE PAYMENTS - 7
Exhibit A — Water Service Agreement
[see following nine (9) page]
AGREEMENT FOR CREDIT FOR VOLUNTARY MAINTENANCE PAYMENTS - 8
AGREEMENT FOR SERVICE
BY AND BETWEEN
AVIMOR DEVELOPMENT, LLC
SAGE INVESTMENT PARTNERS, LLC
AND
CITY OF EAGLE
154607283.5
AGREEMENT FOR CREDIT FOR VOLUNTARY MAINTENANCE PAYMENTS - 9
AGREEMENT FOR SERVICE
This Water Service Agreement (" Agreement") is entered into by and between the City of
Eagle, a municipal corporation of the State of Idaho. Sage Investment Partners J J.C, an Idaho
limited liability company ("Sage") and Avinror Development, I.i.C:, an Idaho limited liability
company (".hvimor";), effective this day of March. 2022 (the -Effective rate"). The City of
Eagle, Sage Investment Partners, LLC and Avimor are collectively referred to herein as the
"Parties:
RECITALS
1NVHERE.IS. the City of Eagle has a municipal water department capable of providing
Water utility servICCS W CttStOrllel'S h0th lL`Ithln and bcycmd the boundaries of its city limits,
within Eat, c's municipal water service planning; area, and
kk'HEREAS, Avinlor and Sage developments are located within Eagle's Comprehensive
Plannlm� boundary and Municipal `4'ater Planning :Area: and
WI 1I RJ-1.AS, Avimor and Sad^e must supply their respective developments with a potable
water system; and
Nk HERE.AS, the development of water and expansion of the City's municipal systern into
the Avinlor aril Sage developments will provide redundancies and efficiencies for file City of
Eagle's existing municipal water system; and
WEIE.REAS, Avirnor and Sage will donate and assign to the_ City of Earle Idaho
Department of Water Resnarces (,-II)\VR") Permit Nos. 63-32061 and 63-34281 and Application
for Permit No- 61-34,901; and
WHEREAS, this anticipated timing of the phased build out of the Avinlor and Sage
developments will excised the IDWR-authorized development deadline.,-, for Permit Nos. 63-
32061 and 63-34281 and Application for Permit No. 63-34801 resulting in a need 1br asstlr TICO
of long -terry options to acquire or assist in the acquisition and development of water necessary
her the develol)met>ts. This can be achie,,,,ed by obtaining \hater right authorization for reasonably,
.anticipated future needs ("R-Al-IN"'), and
and
WI IERE.AS, Avimor and Sage cannot ]"ally ripply for or oven water rights for a RAFN.,
WHEREAS, the City of Eagle can legal IN, acquire RAFN water rights; and
dVI IERE AS, the City of Eagle is willing: to provide water service to Avinlor and Sage and
in consideration of this service will accept donation and assig,nmem of IDWR Permit Nos. 63-
:3206 [ and 63-34281 and Application for Permit No. 63-34801; and
1516072SS 5
AGREEMENT FOR CREDIT FOR VOLUNTARY MAINTENANCE PAYMENTS - 10
o'.l IEREAS. Avrrnor and Sage wish to receive water service from the City of F:agle and
wilt construct at. their sole expense the necessary infrastructure to effectuate and receive "eater
seli--ice as well as any expense, related to the acquisil'ron ofa IZAFN water right; and
WHEREAS, the execution of this ,lgreement does not bind the City of Eagle to annex the
Avimor and/or Sage developments, and
WHEREAS. Avimor and Sake will convey ownership of the water service system in
phases to the City of Eagle as it is constructed and approved.
ISO«', 1lERFF0RF. in consideration of the recitals and mutual covenants contained
herein, which are hereby, incorporated into and made part of this A-recment, the Parties further
agree as follows:
DEFIiNITIONS
":'Area of Service" shall mean areas located as shown in Exhibit A.
2. "City of Eagle" as used herein shall mean the City of Eagle acting through its properly
authorized officers, agents or employees. each acting within the scope of the particular duties
entrusted to thorn.
"Developer' shall mean Avimor and;or Szwe.
4. "Subdivision" shall mean the legal dividing of a tract of land into two or more tracts. lots
or parcels.
5. -Wawr Facilities" shall nlcan wells, water storm-e, stains, water extension lines, pumps,
treattttent systems and related infrastructure required to provide water service as described in the
Master Water Plan(s) yet to he approved by the City and any applicable regulatory agencies.
Ally undefined ternis shall have the definitions proscribed to them in the City Code of Eagle, Idaho,
TERMS OF AGREEMENT
6. The City of Eagle agrees to provide municipal water to the area of service as depicted in
Exhibit A. Prior to submittal of development plans to the City of Eagle, Sage shall submit a
supplemental Master Water Plan detailing the project for review and approval by City of Eagle.
?. Immediately after the execution of this .Agreement, Developer shall diligently proceed to
obtain all govenmental approvals including, without limitation, all necessary rights. permits,
infor►nation, and consents required by the appropriate federal, state. or local governmental
authorities, agencies.. or officials to permit the constnrction, operation and maintenance of the
A'ater Facilities on Developer's property. As soon as practicable. after receipt of such
11overnmental approvals, Developer shall diligently proceed to construct the Water Facilities.
S. The cost of'obtaining all governmental approvals (including but not limited to any
applications. permitting, beneficial use and licensing of water rights for use in the Avitztor and
rsa60}ks
AGREEMENT FOR CREDIT FOR VOLUNTARY MAINTENANCE PAYMENTS - I I
Sage developments), the cost of blaster Water flans and specifications, and the cost ofthe
construction of the Water Facilities (or any offsite facilities within the Water (Master I'lan
necessary to serve the Developers Property) located on property owned by Developer shal l be
horne by Developer at its -!their sole cost and expense. The plans. specifications, and construction
of the Water Facilities shall be reviewed. approved and inspected by City ofEagle prior to
acceptance. C.'ity of F?agle Iliay at its sole discrction alter the performance from strict adherence
to such plans and specifications based on job site experience, or if adherence to such plans and
specifications becomes impractical or infeasible under the circumstances.
9. City of Eagle shall he the sole judoe. as to the adequacy of the Water Facilities. However,
City of Eagle a,.;rces that alternative specifications may be considered On a case -by -case basis as
determined acceptable by the City of Eagle_ City of Eagle "111 work with Developer in good
faith to review requests.
10. Developer will be required to develop a well monitoring. plan and will be responsible for
the on -going monitoring of the wells through the completion of constructior o±'thc
developments. Developer will ensure that source \eater meets Idaho Department of
Envirortnwntal Quality requirenients upon dedication of Witter Facilities to the City oC Eagle.
11, Tile Constructed and approved Water Facilities and ID WR Pen-iit Nos. 63-32061 and 63-
34281 and application For permit No, 63-314801 shrill be contributed. transferred, assigned and
conveyed to City of Eagle by Developer or their agent, -designee, at no cost to City of l:,agle-
through hill(s) of sale. special warranty deed(s), easement(s), assignment(s) of permit,
assignments) of application, or other similar type of documcrit. The City of'Eagle will proceed
to acquire RAFN water rights as necessary to facilitate delivery of water required to meet the
current and reasonably anticipated future nerds of the Avinior and Sage. developments.
Developer will pay all costs associated with the acquisition of such R_AFN water rights,
mcludinf, attorney and consultant fees. The Parties understand and agree that such RA N water
rights must be authorized by IDWR, pursuant to law, and City of Fag,le makes no guarantee or
representation regarding the outcome of any administrative or jridieial proceedincs regarding the
same. The Parties agree to cooperate to good faith and take any actions reasonably necessary to
maximize the arnount of water donatcdiassigned.`acquired and ultiniatcly licensed to City of
Eagle_ Developer shall hear all costs for development of water. from application preparation and
prosecution through licensing.
1.3. The transfer of the %'ater facilities. or the components thereof, to the City of Nagle are
contemplated to be completed in phases as they are constructed and approved by City of Eagle.
1.3. Developer or their designecs shall warrant to City ol'Eagle in writing; that the Water
Facilities have been constructed itt accordance with applicable plans and specifications and _,hall
provide City Of Eas;le with as -built record drawings of the Water Facilities. Developer also
warrants the Water Facilities against defects in construction for a period of one (1) year from the
date of completion unless otherwise required in Eagle City Code or negotiated as a term of
acceptable alternatives as discussed in paragraph 8 af'this t1greement.
4
154607-188 5
AGREEMENT FOR CREDIT FOR VOLUNTARY MAINTENANCE PAYMENTS - 12
14, The City of Eagle shall have tile: right to conduct, review and confirm, to City ofFagle's
satisfaction. test results in connection with any and all wells. soil tests, engineering, tests,
environmental surveys. plans and specifications and/or record di-awin^s, and related studies of
the %k ater Facilities deemed necessary by City of Eagle to determine the suitability_ in City of`
Eagle's sole discretion. of the Water facilities.
1;_ In accordance with City Code 6-5-15. a Cooperative Agreement may be entered into on a
case. -by -cage basis at the time of construction drawing approval to provide for, among other
thines, reimbursement of City of'Eagle contributed costs such as cng,incering and legal expenses,
reitnburscrnent of Developer's costs incurred for construction of facilities that beneCa --late-
comers," and cost -sharing for special fiacilities. The fact that this Agreement requires
CotistrtlCtiotl at Developer's "sole expense" does not necessarily render these expenses non -
reimbursable,
16. Upon conveyance of the Water Facilities or portions thereof to City of Eagle, and
acceptance thereof by the City. City ofF.agle shall be solely responsible for managenient,
maintenance and operation of the Nkiater Facilities, with the exception of any warranties provided
herein or in exchange for alternative specifications and standards as allowed in paragraph S of
this Agreement.
17. The Parties agree that the Water Facilities shalt he managed, owned and operated by City
of Eagle in a manner consistent wvith City of Eagle's manas cment and operation of its other
water utility facilities within the State of Idaho. It Developer is using or is shown to need water
in excess of amounts authorized by 11)1>v'R to meet the current and reasonably anticipated future
needs of the Avintor and Sage developments, the City of Fag.le shall notify Developer that uo
future development will be served until additional municipal wviaer is procured. at Developer's
cost.
18. f)eveloper shall prepare and record (prior to the sale of any lot/ perpetual restrictive
cerwen'I LS wvhich include. wvithoul limittation. that the GVater Facilities are. or shall be owned ,and
operated by City of Eaggle. City of Faglc shall cooperate with Deveioper in the preparation of
such restrictive covenants and shall have the right to approve such restrictive covenants prior to
recordation. Such approval shall not be unreasonably withheld or delayed, I)eve.loper shall
C11111se fi notation to be made on any subdivision plat that stales that the Water Facilities are or
shall be owned and operated by City of Eagle.
19. The term ol'tl:is agreement shall be for thirty (.30) years from the Effective Date.
15•10,188 s
AGREEMENT FOR CREDIT FOR VOLUNTARY MAINTENANCE PAYMENTS - 13
CITY OF EAGLE
Print Name
its
u
1 546C^'8S._
AGREEMENT FOR CREDIT FOR VOLUNTARY MAINTENANCE PAYMENTS - 14
A T TE r
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I r.1641728145
AVIMOR I)FVGI-OE'19FNT, I.I.0
Bv
Print Name
Its A ►ti c IN,\ e "\P*—
AGREEMENT FOR CREDIT FOR VOLUNTARY MAINTENANCE PAYMENTS - 15
SAGF INVESTMENT PARTNERS, f.LC
Print Name
Its Yv
I 5.1ctJ72gS,5
AGREEMENT FOR CREDIT FOR VOLUNTARY MAINTENANCE PAYMENTS - 16
Eagle Water Map
�. i��+ri. i'=Nr •'i �•� _ .ar r.rae ar as a.. v
AGREEMENT FOR CREDIT FOR VOLUNTARY MAINTENANCE PAYMENTS - 17
Exhibit B — EDU Multiplier Table
3/ 1.0
1.8
1.5 1 4.0
2 7.1
16.0
4 28.4
AGREEMENT FOR CREDIT FOR VOLUNTARY MAINTENANCE PAYMENTS - 18
Exhibit C — City Water Fee Schedule
[see following one (1) page]
AGREEMENT FOR CREDIT FOR VOLUNTARY MAINTENANCE PAYMENTS - 19
City of Eagle
Fee Schedule
Water
Amended with Resolution 24-11, September 24, 2024
Water Department Rates & Fees
(eur�t� to ECC -5)
EDU Based Fees Base Fee i7' Meter EDU MultiDller
Due at Preliminary
$1,600.00 per EDU
Plat Submittal, per
residential lot
For meter sizes larger than a 314
Due at Final Plat Submittal,
$6,432.00 per EDU inch meter, please use the EDU
the remaining balance, per
Capitalizat on Fee multiplier below times the
associated rate or fee in the
residential lot
previous column (to the left) to find
Non -Platted Residential
the appropriate tee.
Properties and Non-
$8,032.00 per EDU
Residential Properties, due
at issuance of building
permit
Meter Fee, 314" $703.00
Meter Fee, 1" $800.00
Meter Fee, 1.5" $1,244.00
Meter Fee, 2" $1,480.00
The fees above shall apply to new Residential and Non -Residential Properties
beginning the platting process; and new Non -Platted Residential properties and
Non -Platted Nan -Residential properties, after July 9, 2024,
The fees below shall continue to apply to those developments who had begun the platting process
and paid, at a minimum, the prelimina% plat STL fees, prior to July 9, 2024.
Hook UpFeesl $1,147.00
Storage and Trunk Line Fees (STL) $2.100.00 per EDU
Water Construction Equivalency Fees (WCE) 5400.00 per EDU
Dther Fees
Construction Plan Review Fee
Base Monthly Fee per EDU
Consumption Rate per 100 cubic feet
Water Safety Fee (DEC) pass-thru fee)
Service Application Fee
Service Deposits
Monthly Backflow Fee
Delinquent Fee
Reconneclion fees for collections
After hours reconnection fee
After hours connection fee
Returned check fee
Unoccupied dwelling rate
Bulk rate ( IE, dust abatement) Der 100 cf
Late penalties for bulk users
Hydrant Meter Usage Deposit
Hvprant Key Deposit
Additional trip charges
$125.00
525.82
S 1.62
$0.34
$15.00
$100.00
50.50
$15.00
525.00
580.00
$50.00
S20.00
Base Rate + System Enhancement Fee
$192.00
51.92
$200.00
$10.00
$50.00
EDU Multiplier Meters Fees greater than
2" shall be calculated on an
1" meter = 1.78
individual basis
1.5 " meter = 4.0
2" meter = 7.11
3" meter = 16.0
4" meter = 28.44
6" meter = 64.20
No charge for first two reviews.
Subsequent reviews - $125.00 each.
Refer to the EDU Multiplier above
Footnotes:
1. EDU = Equivalent Dwelling Units
2. Example of EDU Calculation: 1" meter = 51115.00 X 1.78 = $1.984.70; 1" base monthly fee = $25.17 X 1.78 = $44.80
3. A complete calculation of the EDU items can be found on the City of Eagle's Water Department website, www.cityofeagle.orglwaler
AGREEMENT FOR CREDIT FOR VOLUNTARY MAINTENANCE PAYMENTS - 20