HomeMy WebLinkAboutDEVELOPMENT AGREEMENT (Sky Meadows)DEVELOPMENT AGREEMENT
SKY MEADOWS SUBDIVISION
OF THE CITY OF REXBURG
AGREEMENT, made this _____ day of December, 2006, by and between the CITY OF REXBURG, a municipal corporation,
hereinafter called “CITY,” 12 North Center, P. O. Box 280, Rexburg, Idaho 83440, and Sky Meadows Development LLC. Hereinafter called the “DEVELOPER,” whose mailing address is: 2175 La
Madrona Rd. Santa Cruz Ca. 95060
W I T N E S E T H:
WHEREAS, Developer is the sole owner, in law or equity, of a certain tract of land in the County of Madison, State of Idaho, which
land (hereafter referred to as the Development) is more particularly described in EXHIBIT “A-1, A-2” Sky Meadows attached hereto and by this reference made a part hereof; and
WHEREAS,
Developer has requested the Development be approved by the City and has or will submit Improvement Plans for the Development described in the caption of the Agreement; and
WHEREAS,
City water, sanitary sewer and storm drain facilities are adjacent and accessible to Developer’s land; and
WHEREAS, Developer is responsible for the street and utility improvements
within the Development;
NOW, THEREFORE, in consideration of the terms and conditions set forth herein, the parties agree as follows:
1. DEVELOPMENT OF Sky Meadows. The City agrees
to provide water and sewer service to the Development, subject to Developer’s acceptance and performance of the terms and conditions of this Agreement and the terms and conditions contained
in the Special Conditions attached hereto and made part hereof;
2. IMPROVEMENT PLANS. Developer has filed, or will file, and the City Engineer has/ or will approve a complete set of Improvement Plans (hereafter referred to as the “Street and Utility
Improvement Plans”) showing all streets, sewer lines, water lines, fire hydrants, storm drains, street signs, street lights, traffic control devices, barricades and other public improvements
contemplated within the Development. The Improvement Plans also show the proposed location of other public utilities (telephone, gas and electricity) and irrigation facilities affected
by the Development. Such Improvement Plans are incorporated herein by reference as though set out in full. Improvement plans for any water, wastewater or storm drainage facilities
are also to be submitted to the Idaho Division of Environmental Quality for their review and approval. It is the responsibility of the developer to obtain DEQ approval prior to starting
any construction on water, wastewater, or storm drainage facilities.
3. CONSTRUCTION OF PUBLIC IMPROVEMENTS. Unless otherwise agreed in the Special Conditions, Developer will, at
its expense, design and construct all public improvements shown in the Street and Utility Improvement Plans. Unless otherwise agreed in writing by the City Engineer, Developer will
construct all public improvements within the Development in strict accordance with the Improvement Plans and the City Standard Engineering Drawings and Specifications (hereafter referred
to as the “Standard Specifications”) in effect at the time the construction is accomplished. The Standard Specifications are incorporated herein by reference as though set out in full.
4.
PERMITS. Developer shall obtain all right-of-way, excavation or other permits required by local ordinance or any State agencies and comply with all requirements therein with respect
to the timely performance of the work governed by such permits. The Developer is required to apply for permit coverage from EPA after developing a site-specific Storm Water Pollution
Prevention Plan.
5. COMPLETION OF PUBLIC IMPROVEMENTS. Developer agrees that if, a portion or portions or the entirety of such public improvements need to be completed in the interest
of the public health, welfare or safety, Developer will forthwith construct such public improvements. If Developer does not commence construction of such public improvements within
a reasonable time
after such finding is made or if Developer does not complete such construction within a reasonable time thereafter, the City may move on the developers bond and construct or have constructed
such facilities at Developer’s expense. The City Council shall not make such finding unless Developer has been given at least ten (10) days advance written notice of the date and place
of the meeting and Developer has been given an opportunity to be heard at such meeting. At or before the meeting, the City Engineer shall furnish Developer a cost estimate for completing
the required portion or portions of such public improvements.
INSPECTION. Developer will retain a professional engineer (hereafter referred to as
the “Project Engineer”) licensed
within the State of Idaho to supervise, inspect and test the construction of all public improvements within the Development in order to ensure such improvements are constructed in accordance
with this Agreement, the Improvement Plans and the Standard Specifications. Developer will not materially deviate from the Improvement Plans or Standard Specifications without the express
written approval of the City Engineer. The following minimum testing is required as a stipulation of this Agreement; (All inspections to be done as per the current ISPWC)
SEWER LINES
(To be inspected 30 days after installation and completion of backfill, but before geotextile fabric for the road is installed.)
CCTV inspection (CCTV inspection will be completed by
the City’s Sewer Department)
Pressure testing
Deflection testing
WATER LINES (CLASS 50 D.I.)
Pressure testing
Bacteriological testing
General inspection of fire hydrants, valves,
and other water facilities (To be completed by the City’s Water Department)
ROAD CONSTRUCTION
Density Tests on Sub base, Granular borrow, Road base, and Asphalt (One per every 1000 ft2 of roadway as per ISWPC )
Field sampling (Gradations 2 per material)
Asphalt
mix design
Concrete strength – one slump and 3 strength cylinders per 50 C.Y. of concrete
MISCELLANEOUS
Additional testing may be required if so stipulated in the special conditions
7.
CORRECTED IMPROVEMENT PLANS. Prior to acceptance of the Development, Developer will file “Record Drawings” Improvement Plans (hereafter referred to as the “Corrected Improvement Plans”)
with the City Engineer. Such Corrected Improvement Plans shall be prepared by the Project Engineer and shall show the actual “as constructed” location of all public improvements within
the Development including the horizontal and vertical location of all water, sewer and storm drain lines, individual building service lines, curb and gutter alignment and street grades.
Such Corrected Improvement Plans shall also specifically show all changes between the original Improvement Plans and the public improvements as actually constructed. The Project Engineer
shall also certify upon the Corrected Improvement Plans that such Plans correctly show all public improvements as actually constructed and that such public improvements have been constructed
in accordance with the Standard Specifications in effect at the time such construction was accomplished. The original linens or mylars of these “Corrected Improvement Plans”, and an
electronic copy in AutoCAD format of such drawings shall become the property of the City of Rexburg. The Project Engineer shall also deliver to the City Engineer all compaction reports,
daily construction logs, reports, written tests, pressure test results on all water lines, bacteria tests on all water lines, pressure tests on all wastewater lines, analysis and other
data as may be necessary to verify or support the certification of the Project Engineer.
8. ACCEPTANCE OF DEVELOPMENT. Upon satisfactory completion of such public improvements and facilities and Developer’s delivery of Corrected Improvement Plans, the City will accept
the Development. Such acceptance shall not be valid unless expressly acknowledged in writing by the City Engineer. Except as otherwise expressly provided in the Special Conditions,
upon acceptance of the Development, the City shall assume ownership and control of all public facilities within any dedicated street or public utility right-of-way within the Development.
Acceptance of the Development shall not be deemed as a waiver of Developer’s failure to fully and completely perform the terms and conditions hereof or as a waiver or release of the
warranty set forth below. Prior to acceptance the owner must submit to the City Engineer the following documents:
Water line test results
Sewer line test results
Road construction test
results
Corrected improvement plans (Auto Cad format)
Engineers certification of compliance with approved engineering plans
Once all information is submitted to the engineering department
the City engineer will file a letter accepting the development for city control and maintenance.
9. WARRANTY. Developer warrants that the materials and workmanship employed in the
construction of all public improvements within the Development shall be good and sound and shall conform to generally accepted standards within the construction industry. Such warranty
shall extend for a period of one (1) year after acceptance of the Development by the City, provided nothing herein shall limit the time within which the City may bring an action against
Developer on account of Developer’s failure to construct such improvements in accordance with this Agreement, the Improvement Plans or the Standard Specifications.
10. WATER & SEWER HOOKUP FEES & MONTHLY UTILITY RATES. Water and sewer hookup fees and monthly utility rates are established by City Resolution. Such rates are subject to updating
from time to time. Developers of individual homes will be required to pay for
the appropriate hookup fee for the size of water or sewer hookup desired. If excavation is required within any public right-of-way, an Excavation Permit will also be required.
The
home owner’s developer will be required to install the water service line and purchase the necessary water meter materials as specified by the City Water Department, for use in the water
service connection. The home owner’s developer or his plumber will be responsible for acquiring the required plumbing permits and for all costs associated with the installation of the
water service connection.
STREET IMPROVEMENTS AND SIDEWALKS
STREET CONSTRUCTION. Developer will construct all streets in accordance with the Street and Utility Improvement Plan.
Said construction shall conform to the typical street design cross-sections which apply to the type of road construction required in the development. Said cross-sections are attached
hereto and specifically made a part of this agreement (Exhibit B-1). It is the policy of the city of Rexburg to pay for any street costs which may be required by the city but which
exceed the standards required in a particular development. Any street cost sharing by the City of Rexburg is set out in the Special Conditions attached hereto.
SEAL COATING OF STREETS.
All streets within the development are to be seal coated with an approved chip seal coat within two (2) years of their construction unless special arrangements are made with the city
engineering department. The developer may contract with the city to have the streets seal coated under a city seal coating project with all costs paid by the developer.
SIDEWALKS.
Developer or homeowner is responsible for installing 5 ft. sidewalks in the development. All sidewalks associated with the development are to be completed within not more than three
(3) years after the final plat of the subdivision is recorded. As lots are developed the sidewalks are to be constructed prior to the issuance of a certificate of occupancy. Lots that
are not developed within the three (3) year period are to have the sidewalks installed by the developer. Failure to construct the sidewalks within the allowed period will result in
the lots being included in a Local Improvement District and the resulting costs assessed against the property.
12. STORM DRAINAGE FACILITIES. The Developer will construct all on-site and off-site storm drainage facilities for this project with no financial participation from the City. Storm
drain facilities will consist of at least a collection system and storage facility as approved by the city and DEQ. The design of the storm water facilities is to be done in accordance
with accepted engineering practices. Storm drain facilities within the development will include piping, catch basins and a storm water detention area as approved by the Engineering
Department and shown on Street & Utility Improvement Drawings. Unless otherwise agreed to between the parties hereto, operation and maintenance for the storm water detention facility
after the final plans have been developed and approved will be the responsibility of the Developer or Homeowners Association.
13. FAILURE TO PAY FEES. In the event Developer fails
or refuses to pay any of the fees, charges or costs set forth herein, the City may de-annex any property owned by Developer within the Development, or refuse to allow the development
to connect to city owned water or wastewater systems, or declare the entire unpaid balance immediately due and payable and collect such sums in the manner provided by law, or may pursue
any other remedy set forth herein or as may be available at law or in equity. All such remedies shall be cumulative and the City may pursue the same separately or simultaneously as
it deems necessary or appropriate. In the event of such acceleration, all sums due shall bear interest at the rate established by law for judgments entered in the State of Idaho.
14.
PARTICIPATION BY CITY. The parties agree that those portions of the water mains and sanitary sewer lines, (hereafter collectively referred to as the “Shared Work”), the cost of which
the City has expressly agreed to pay pursuant to the Special Conditions, including any water or sewer line extensions, increased line size or capacity are required because of future
service needs originating from properties not owned by Developer and located within the vicinity of the Development and that sound planning requires construction thereof at the present
time in order to accommodate future expansion and development. In recognition of the cost savings which can be accomplished by construction of such excess capacity and improvements
concurrently with the facilities to be constructed for Developer’s purposes, and the impracticality or impossibility of constructing such excess capacity and improvements separately
or at a later time, Developer agrees to design and construct such facilities subject to the City’s agreement to reimburse Developer for a portion of such costs, all as set forth in the
Special Conditions. Prior to the commencement of the
Shared Work, Developer shall obtain and deliver to the City three (3) independent bona fide bids for the performance of such work from qualified and responsible contractors. Such bids
shall be solicited and itemized in a manner which allows clear and specific identification of that portion of the construction work for which the City is responsible, or the City and
the Developer may agree upon an equitable amount covering the City’s participation in the shared work within the Development. The City shall have no obligation to pay for any portion
of the costs of the Shared Work unless prior to the commencement of the work the parties have expressly agreed in writing to a specific amount for which the City will reimburse the Developer.
Payment of such costs by the City shall be due within thirty (30) days from acceptance of the Development by the City and delivery of an itemized statement to the City setting forth
in detail the total amount of the costs for which the City is responsible.
15. OCCUPANCY. No building within the Development shall be used or occupied for any purpose other than
for the construction of such building or structure, unless all public improvements within the Development have been completed and accepted by the City Engineer. The City may withhold
Certificates of Occupancy until all such work has been completed.
16. DEFAULT. In the event Developer fails to comply with the terms and conditions hereof in any material respect,
the City may withhold the issuance of any building permits, certificates of occupancy or the connection of water or sewer service to any property owned by Developer and located within
the Development, until such default is fully corrected.
17. NOTICES. Any notice required by this Agreement shall be mailed to the receiving party at the address set forth above or
such other address as may be delivered to the sending party in writing. Such notice shall be mailed by certified mail, return receipt requested, postage prepaid and addressed as set
forth above and shall be deemed received upon its deposit in the United States mail in such manner.
18. RECORDING FEES. Prior to the approval of the Development by the City Engineer,
Developer shall pay to the City all recording fees necessary to record this Agreement with the Madison County Recorder’s office.
19. IRRIGATION DISTRICT RELEASE. Prior to the final approval of the Development, Developer shall obtain a certification from any irrigation district, canal company, ditch association
or other similar water delivery entity who provides or delivers water to any property located within the Development or who provides water through a facility passing through the Development.
The certification shall state that the water rights for all property within the Development have been transferred from the property and that all liens and assessments of such water
delivery entity have been released. Or, the certificate shall state that all irrigation facilities that have been disturbed or altered by the Development have been repaired or reconstructed
to the satisfaction of the irrigation water user and/or the irrigation entity owning or operating said irrigation facilities. Developer will be responsible for maintenance on any modifications
to the irrigation system unless otherwise specified in writing.
20. BONDS. Prior to the beginning of construction the Developer may be required to file with the City the Bonds as
required in the Subdivision Ordinance. Failure to file the appropriate bonds will be justification to refuse the issuance of any building permits.
21. CONFLICT WITH STANDARD SPECIFICATIONS.
In the event of any conflict between the terms of this Agreement or the Improvement Plans and the Standard Specifications, the terms of this Agreement or the Improvement Plans shall
prevail over any contrary provision of the Standard Specifications. In the event of any conflict between the terms of this Agreement and the Improvement Plans, the terms of this Agreement
shall prevail.
22. COVENANTS APPURTENANT TO THE LAND. All covenants and conditions set forth herein shall be appurtenant to and run with the Development and shall be binding upon
Developer’s heirs, successors or assigns.
23. REMEDIES CUMULATIVE. All remedies herein are cumulative and, to the extent not wholly inconsistent with each other, may be enforced
simultaneously or separately, at the sole discretion of the City.
24. GOVERNING LAW. This Agreement shall be governed by the laws of the State of Idaho. The venue for any action
arising out of this Agreement shall be exclusively in the District
Court of the 7th Judicial District of the State of Idaho, Madison County, or in the United States District Court for the District of Idaho.
25. ENTIRE AGREEMENT. This writing evidences
the final and complete agreement between the parties and no other prior statement, representation or understanding shall be binding upon the parties unless expressly set forth herein.
26.
SEVERABILITY. If any provision of this Agreement is determined to be invalid or illegal, the remainder of the Agreement shall not be affected.
27. WAIVER. Waiver by the City of
any breach of any term, covenant or condition shall not be deemed to be a waiver of that term, covenant or condition on any subsequent breach of it or any other term, covenant or condition.
No term, covenant or condition of this Agreement shall be deemed to have been waived by the City unless the waiver is in writing by the City.
EFFECTIVE DATE. This Agreement shall
become valid and binding only upon its approval by the City and upon its execution by the Mayor.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day
and year first above written.
*******************************************************************************************
FOR THE CITY OF REXBURG
APPROVED AS TO FORM:
______________________________
Public Works
Director/ City Engineer, John Millar
APPROVED
By:___________________________ ATTEST:
Mayor, Shawn Larsen
By:________________________________
City Clerk, Blair Kay
(SEAL)
STATE OF IDAHO )
: ss.
County of Madison )
On this _____ day of December , 2006, before me, the undersigned, a Notary Public for Idaho, personally appeared Shawn Larsen, known
to me to be the Mayor of the City of Rexburg, the municipal corporation that executed the foregoing document, and acknowledged to me that such City executed the same.
IN WITNESS WHEREOF,
I have hereunto set my hand and affixed my official seal the day and year first above written.
__________________________________
Notary Public for Idaho
Residing
at Rexburg, Idaho
My Commission Expires:_______________
*******************************************************************************************
DEVELOPER
Sky Meadows Development, LLC.
2175 La Madrona Road
Santa Cruz, Ca
95060
By:
Joseph Barton
Its: Managing Member
_________________________
(SEAL
STATE OF Idaho)
: ss.
County of Madison)
On this _____ day of December,
2006 before me, the undersigned, a Notary Public for said State, personally appeared _________________, known or identified to me to be the Authorized Agent of the Limited Liability
Company that executed this instrument, and acknowledged to me that such Limited Liability Company executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year first above written.
__________________________________
Notary Public
Residing at:_________________________
My Commission Expires:___________
____
(SEAL)
*******************************************************************************************
Special Conditions
The City of Rexburg, hereinafter referred to as ‘City’ and Sky Meadows, LLC., hereinafter referred to as ‘Developer’ hereby agree to the following additional terms
and conditions:
1. STREET IMPROVEMENTS. The City will not share in the cost of any streets of the subdivision and they shall be built according to typical section no. 1 (Exhibit “B-1”).
2. WATER FACILITIES. The Developer will be required to install a water line at their expense to tie into the existing City water line along 2nd East.
3. FRONT FOOT WATER CHARGE
AND EXTENSIONS. The subject property has approximately NO lineal feet of frontage along an existing city water line that the City installed within the proposed development in the past.
The Developer shall reimburse the City in accordance with the current ordinance as follows:
Front footage costs for water line: NONE
The developer will be responsible for the installation
of all additional water lines, service lines, valves, fire hydrants and related work within the proposed development.
4. SANITARY SEWER FACILITIES. A regional lift station will need
to be constructed to service the subdivision. The Developer will be required to pay a proportionate share of the regional lift station as determined by the City.
5. FRONT FOOT SANITARY
SEWER CHARGES. The subject property has NO lineal feet of frontage along any sanitary sewer line that the City has installed. The Developer shall reimburse the City for his share
of the costs of said utility as follows:
Front footage costs for sanitary sewer lines: NONE
6. STORM SEWER FACILITIES. The Developer will provided for adequate storm water detention.
7. FRONT FOOT STORM DRAIN CHARGES. The subject property has NO lineal feet of frontage along the storm drain line that the City has installed. The Developer shall reimburse the City
for his share of the costs of said utility as follows:
Front footage costs for storm drain charges: NONE.
8. LOT GRADING DESIGN. The Developer or subsequent builders shall provide
to the City individual lot site grading plans for storm water runoff. These plans shall be provided before building permit will be issued for any lot. Failure to comply with the site
grading plans will be justification for with holding the certificate of occupancy.
END OF SPECIAL CONDITIONS
FOR THE CITY OF REXBURG
APPROVED AS TO FORM:
______________________________
Public
Works Director/ City Engineer, John Millar
APPROVED
By:___________________________ ATTEST:
Mayor, Shawn
Larsen
By:________________________________
City Clerk, Blair Kay
(SEAL)
DEVELOPER
Sky Meadows
Development, LLC.
2175 La Madrona Road
Santa Curz, Ca.
95060
By: Joseph Barton
Its: Managing Member
_________________________