HomeMy WebLinkAboutDEVELOPMENT AGREEMENT - 04-00132 - Eaglewood Addition Div. 1 - Final PlatOlt wl?32
DEVELOPMENT AGREEMENT
EAGLEWOOD ADDITION
DIVISION NO. 1
TO THE CITY OF REXBURG
AGREEMENT, made this_ day of August, 2002, by and between the CITY OF REXBURG, a
municipal corporation, hereinafter called "CITY," 12 North Center, P. 0. Box 280, Rexburg, Idaho 83440,
and Eaglewood LLC., hereinafter called the "DEVELOPER," whose mailing address is
WITNESSETH:
WHEREAS, Developer is the sole owner, in law or equity, of a certain tract of land in the County of
Madison, Stateof Idaho, which land (hereafter referred to as the Development) is more particularly described
in EXHIBIT "A" known as Eaolewood Addition Division No. 1, 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 Eaolewood Addition Division No 1-. 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.
2. IMPROVEMENT PLANS. Developer has filed, or will file, and the City Engineer has approved
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.
DEVELOPMENT AGREEMENT - 1
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.
SIDEWALKS. 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.
SEAL COATING OF STREETS. All streets within the development are to be seal coated with an
approved chip seal coat with 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 and all costs paid by the developer.
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.
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 reasonabletime 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 constructor 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.
6. 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
DEVELOPMENT AGREEMENT - 2
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.
7. CORRECTED IMPROVEMENT PLANS. Prior to acceptance of the Development, Developer
will file "As Constructed" 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", or an electronic copy 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.
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.
DEVELOPMENT AGREEMENT - 3
10. WATER & SEWER HOOKUP FEES & MONTHLY UTILITY RATES. Waterand sewer hookup
fees and monthly utility rates are shown on the attached FIGURE 1. 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.
11. FRONT FOOT WATER CHARGE AND EXTENSIONS. The subject property has approximately
_ 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: 3099 Linear Feet at the price of $10.00 Per foot for a cost
of $30,990.
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.
12. 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.
13. 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.
14. STREET IMPROVEMENTS. When constructing Normal Residential Streets (Typical Section
#1) or Very Low Volume Residential Streets (Typical Section #2), the Developer is responsible for installing
the curb and gutter, 5 ft. wide sidewalk and a 39 foot pavement width of asphalt surfacing, with a 2 Y inch
depth of asphalt plantmix, a chip seal coat, a 3'/ inch depth of 3/4" Aggregate Base and a 12 inch depth
of Granular Borrow or similar approved sub base material, and a geotech fabric as presently set forth in the
Standard Specifications and/or drawings.)
Typical sections land 2 are attached to this agreement as attachment no. 2. Itis the policy of the
DEVELOPMENT AGREEMENT - 4
city of Rexburg to only pay for any street costs required by the city standards for any street width over 44
feet, back of curb to back of curb. Therefore the city of Rexburg will not be sharing in the cost of 4"' East
Street and the other interior streets. The city may participate in the construction of 7'" South. Internal roads
are to be constructed at the total expense of the developer.
(Shared street costs forthis development will be determined as prices are developed and the costs
will be added to this agreement.)
Wh East, and Eaalewood Streets:
The final development of 4'^ East and the Eaglewood streets adjacent to and within this development
will be the developer's responsibility for this project. These streets are to be constructed in accordance with
standard sections No. 1 or No. 2.
7'" South Street:
The construction of 7'^ south will be constructed in accordance with the requirements of typical
section no. 5. Any additional pavement structure required for this street will be shared in costs with the city.
The city will share in the costs of any paving widths over 19.5 feet. The city will share in the costs for
increasing the paving structure on 71 south over the structure called for in under section no. 1 or no. 2.
15. 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.
16. 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 orate 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
DEVELOPMENT AGREEMENT - 5
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.
17. SPECIAL CONDITIONS. In recognition of the unique circumstances relative to this
Development the parties agree to the Special Conditions attached hereto and by this reference made a part
hereof.
17A Storm Drainage Facilities --- The Developer will construct all on-site and off-site storm
drainage facilities for this project with no 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 with the
engineering Street & Utility Improvement Drawings. A separate operation and maintenance agreement will
be required for the storm water detention facility after the final plans have been developed and approved.
17B- Sanitary Sewer Facilities--- The Developer will construct his on-site sanitary sewer facilities
as shown on the approved engineering drawings. The cost of construction all sanitary sewer facilities will
be paid by the developer.
(THERE ARE NO SHARED COSTS FOR CONSTRUCTION OF THE SANITARY SEWER SYSTEM
FOR THIS PROJECT.)
17C - Water Facilities — The Developer will construct his on-site water system facilities. The
developer will pay the City front foot costs forthe use of existing water lines according to city ordinances and
requirements. All fire hydrants with in the development are to be Waterous brand fire hydrants.
(THEREARE NO SHARED COSTS FOR CONSTRUCTION OF THE WATER SYSTEM FORTHIS
PROJECT)
18. 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 AGREEMENT - 6
Development have been completed and accepted by the City Engineer. The City may withhold Certificates
of Occupancy until all such work has been completed.
19. 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.
20. 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.
21. 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.
22. 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.
23. BONDS. Prior to the beginning of construction the Developer shall 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.
24. 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.
DEVELOPMENT AGREEMENT - 7
25. 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.
26. 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.
27. 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.
28. 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.
29. SEVERABILITY. If any provision of this Agreement is determined to be invalid or illegal, the
remainder of the Agreement shall not be affected.
30. 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.
31. 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 yearfirst
above written.
DEVELOPMENT AGREEMENT - 8
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FOR THE CITY OF REXBURG
APPROVED AS TO FORM:
Public Works Director. John Millar
City Engineer, John Millar
APPROVED
By ATTEST:
Mayor, Bruce Sutherland
By:
STATE OF IDAHO)
M
County of Madison )
City Clerk, Blair Kay
(SEAL)
On this _ day of August , 2002, before me, the undersigned, a Notary Public for Idaho,
personally appeared Bruce Sutherland, 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:
DEVELOPMENT AGREEMENT - 9
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DEVELOPER
Eaglewood LLC.
By: Steve Lowe
Its: Manager Partner
(SEAL
STATE OF Idaho)
61113
County of Bonneville)
On this day of August, 2002 before me, the undersigned, a Notary Public for said State,
personally appeared , known to me to be the President/Authorized Agent of the corporation that
executed this instrument, and acknowledged to me that such corporation 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 & SHARED WORK --- Eaglewood Addition Division No. 1
(TO BE DETERMINED)
DEVELOPMENT AGREEMENT - 10