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Tab 08. City of Kalispell Developer Extension (Latecomer) Agreements PamphletFire. flows above the original development's minimum fire flow requirements are charged in a latecomer fee. For example, if the original development required a minimum fire flow of 1500 gallons per minute (gpm) and a subsequent development requires 2000 gpm, then the subsequent development would pay a late- comer fee for the additional 500 gpm.. All subsequent developments are required to pay for fire flows above the originalminimum flow. of These demands are converted to equivalent residen- tial units so that residential and commercial demands can be handled on an equivalent basis. Aor moreinlonnafton contoct Me Public lflor�s DCA-MM07t at 4V6-,758-7.720 Citjl ofKafisGefl Rr?f IsM venue kao 5? ff8fispell J11T59901 wq CITY OF KALI S RPELL. Developer Extension (Latecomer) Aqrcem, ents The City of Kalispell owns and operates a water and sanitary sewer utility. These utilities typically provide service within the City limits. When new development occurs adjacent to the exist- ing utilities, the developer is often able to connect to the sewer and water lines without significant off -site improvements. I When land is annexed to the City, and the developer intends to serve the new development with Neater and sanitary sewer ser- vice, the existing utility systems must be extended to the pro- posed development. These extensions are typically designed With sufficient capacity to serve the proposed development in addition to other potential developments in the area. In rare cases the City rnay extend these utilities and then recover the cost of those extensions through an impact fee. in most cases, the cost of the proposed extensions is borne by the developer, with a portion of the cost recovered through a Developer Exten- sion Agreement, commonly referred to as latecomer agreement. A latecomer agreement defines the costs or designing, construct- !ng and inspecting the utility extensions. The agreement also specifies how these costs will be paid back to the developer. For example, a sewer line extension serving a new development rray cost $275,000; for this example, let us assume the new extension has the capacity to serve 1000 residential units, and the proposed deveiopment will consume 20% (200 units) of the capacity. Design: $ 20.000 Construction: $250,000 tnsi=ctign: $ 5 000 Total Cost $275,000 Cost per unit- $275,000/ 1000 or $275 The developer is required to bear the total cost of the extension ($275,000), but only uses 20% of the capacity or $55,000 of the total cost. How does the developer recover the remaining $220,0007 The latecomer agree- ment is the mechanism by which the developer can recover the remaining cost of the extension. In this case, there are 800 additional residential units that can be served outside of the original development. As other developments utilize this extension, those de- velopments pay a latecomer fee of $275 per residential unit. This is the basic premise of a latecomer agreement, the developer creates the capacity to serve the units within the original development as well as units in other future developments in the same area. The developer then recovers the original investment that was used to create the additional capacity for the other future developments. All Developer Extension Agreements must be approved by the City Council. Hodvisa &LCQ2mervyrarr1vrneni=rn nar ed� The developer is responsible for creating the latecomer agreement, the City assists in this. The agreement is a contract between the developer and the City of Kalispell. The developer agrees to construct the improvements and deliver the improvements to the City. The City agrees to collect latecomer fees from subsequent development and pass the fees to the original developer. Hosv; ?rrdo.i i_C rreraa.>eemen_&1r7,5v An agreement may last until the remaining costs have been recovered, but typically no longer than 10 years. L7nes the Q(ELereive c0enWn5'3170n frlrnZ9W Ina the I�tecnmera<arr^ee ^�7 Yes. The City assesses a 6% administrative fee to defray the cost of facilitating and managing the agreement. -- __..._.- ------- --- -- - - /IrfTrtMitlg t17e enILM I;F7- -' -gfq.rrmnN i ,,loaf-s?, ?? 9&? can fhe G ue0p�,�^rnercve ce s£clos,�h i i zrdit?vra�lc�,a�c�fthrr;trwhala�coma��,�i';ceme,,rf7 No. A latecomer agreement allows for the recovery of i costs for increasing the size of a minimum -sized line. For example, a development may only need 7506 of the. ca- pacity of an 8-inch water line. F lov ever, this Is the rnin!- mum size of line required to be installed for any deve•.op- rnent. A latecomer agreement is not created for tine re- maining 25%. AmOle-&-m„w2Tr-cy-le14frc-orne:-;Xgre>defrw. ;rr:'.4r!¢f� Yes. The City is currently managing Nvo latecomer agreements. I (i) There is an agreement with the Ow! Corporation for water and sanitary sewer improvements installed in association with the West View Estates Subdivision. The general area of this latecomer agreerent in- i cludes Section 36 and adjacent properties. (2) There is an agreement vvith Montana Venture fart- ncrs for water and sanitary sewer improvements installed in association with the Old School Station Industrial Park. The general area of this latecomer agreement is the area south of Cemetery Road. Additional details of these agreements are available by contacting trce Public -Norks Depattment. -0"?theQiJ inrfor irrajra n? Yes. The fees are increased each January based on thF ten-year United States Treasury Note rate as r eported in the Wall Street Journal cn November 30 (or next business day) of the previous year, plus i.59c. r9re l�.t�ot2rn�r.�i�re_ ernnnbs c,�ated`.h?.rrn; era's? None have been created to date, but could be in the future.