HomeMy WebLinkAboutDEVELOPMENT AGREEMENT - Andrews, Mark - 528 S 1500 W - Annexation & Rezone to MDRDEVELOPMENT AGREEMENT
ANDREWS ADDITION
DIVISION NO. 1
TO THE CITY OF REXBURG
AGREEMENT, made thisa rldday of September, 2002, by and between the CITY OF REXBURG,
a municipal corporation, hereinafter called "CITY," 12 North Center, P. O. Box 280, Rexburg, Idaho 83440,
and Mark Andrews, hereinafter called the "DEVELOPER," whose mailing address is 6 6 0S �Q t triv^oc e
Idaho Falls, Idaho 83401:
WITNESSETH:
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" known as Andrews 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 and sanitary sewer facilities are adjacent and accessible to Developer's land;
and
WHEREAS, Developer is responsible for the street and utility i m proven, entswithinthe Development;
NOW, THEREFORE, inconsideration of the terms and conditions set forth herein, the parties agree
as follows:
1. DEVELOPMENT OF Andrews Addition Division No I. 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, Developerwill, 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 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 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. Developerwill 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 Engineershall 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, Water and 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
284 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: 284 Linear Feet at the price of $10.00 Per foot for a cost
of $2,840.
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 284 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: 284 Linear Feet at the price of $10.00 per foot
for a cost of $2,840.
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 Y2 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.)
DEVELOPMENT AGREEMENT - 4
Typical sections land 2 are attached to this agreement as Attachment No. 2. It is the policy of the
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 Andrews Place
Street construction. Internal roads are to be constructed at the total expense of the developer.
Shared street costs for this development will be NONE
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. NONE
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 DEC. 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 infiltration area as approved with the
engineering Street & Utility Improvement Drawings.
17B - Sanitary Sewer Facilities --- The Developerwill construct his on-site sanitary sewerfacilities
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
developerwill pay the City front foot costs for the 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.
DEVELOPMENT AGREEMENT - 5
(THERE ARE NO SHARED COSTS FOR CONSTRUCTION OF THE WATER SYSTEM FOR THIS
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 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.
Developerwill 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.
DEVELOPMENT AGREEMENT - 6
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.
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 year first
above written.
DEVELOPMENT AGREEMENT - 7
FOR THE CITY OF REXBURG
rsl»:i0.
tr' l�i/ ATT
1� 2City Clerk, Blair Kay
(SEAL)
STATE OF IDAHO)
: ss.
County of Madison )
On this jjbay o d.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.
� � -4�
Notary Public for da
Residing at Rexburg, Idaho
My Commission Expires: .3 4
DEVELOPMENT AGREEMENT - 8
DEVELOPER
MRA Enterprises, LLC
Idaho Falls, Idaho 83401
By: Mark Andrew
Its: Owner
Managing Member, Mark Andrew
(SEAL
STATE OF Idaho)
ss.
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 tome 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: `c'f�eF .i t�:_l�
My Commission Expires:
�7
(SEAL)
SPECIAL CONDITIONS & SHARED WORK --- Andrews Addition Division No. 7
None)
DEVELOPMENT AGREEMENT - 9