HomeMy WebLinkAboutSIGNED ANNEXATION AGREEMENT - Zimmerman, Frank - 710 N 2nd E - Central Park - Annexation & Comp. Plan Amend.ANNEXATION AGREEMENT
CENTRAL PARK RESTAURANT
AGREEMENT, made this �Y day of , 2000, by and
between the CITY OF REXBURG, a municipal corporation, hereinafter called "CITY,"
12 North Center, P. O. Box 280, Rexburg, Idaho 83440, and Gary Archibald,
hereinafter called "DEVELOPER," whose mailing address is 1690 So. 1000 West,
Rexburg, Idaho 83440
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 the
CENTRAL PARK RESTAURANT, 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 THE CENTRAL PARK RESTAURANT. 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 and the City Engineer has
approved a complete set of Improvement Plans (hereafter referred to as the "Street
ANNEXATION AGREEMENT --- 1
and Utility Improvement Plans") showing all streets, sewer lines, water lines, storm
drains, street signs, 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.
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.
5. COMPLETION OF PUBLIC IMPROVEMENTS. Developer agrees that
upon a finding by the City Council, duly entered in the official minutes of the
proceedings of the City Council, that 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 construct or complete
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
ANNEXATION AGREEMENT --- 2
costs of said utility as follows:
124.51 In. ft. x $10.00/ln.ft. = $1245.10
The Developer will have no responsibility for front foot waterline charges for the 12"
waterline along 1000 North St.
12. FRONT FOOT SANITARY SEWER CHARGES The subject property
has 124.51 lineal feet of frontage along the sanitary sewer line that the City will be
installing along 2nd East St. (S.H. 33). The Developer shall reimburse the City for his
share of the costs of said utility as follows:
124.51 In.ft. x $10.00/ln.ft. = $1245.10
The Developer will give the City a 15 ft. wide utility easement for the sanitary sewer
that is being installed along 2nd East St.
The Developer will have no responsibility for front foot sanitary sewer line charges for
the 12" sanitary sewer along 1000 North St.
13. FRONT FOOT STORM DRAIN CHARGES. The subject property has
124.51 lineal feet of frontage along the storm drain line that the City has installed
along 2nd East St. (S.H. 33). The Developer shall reimburse the City for his share
of the costs of said utility as follows: T
124.51 In. ft. x $10. 00/1n. ft. = $1245.10
The Developer will be responsible for installing the storm drain along his 1000 North
St. frontage.
14. STREET IMPROVEMENTS.
Development of 1000 No. St.
When constructing a Business or Industrial type street (Typical Section #4),
the Developer is normally responsible for installing the curb and gutter, 5 ft. wide
sidewalk and a 22 '/2 foot street width of asphalt and base surfacing per each side of
the street (22 '/2 feet maximum width of pavement, with a 3 inch depth of asphalt
plantmix (including seal coating), a 4 inch depth of 3/4" Aggregate Base, a 20 inch
ANNEXATION AGREEMENT --- 5
depth of Granular Borrow or similar approved sub base material, and geotextile
fabric or as presently set forth in the Standard Specifications.)
The City will pay for the difference in the plantmix and ballast thicknesses between
Typical Section #4 (Business Street) and Typical Section # 6 (Minor Arterial Street)
and for the extra width of plantmix and ballast material over and above the 22 I/2 foot
width that is the Developer's responsibility.
The Developer will dedicate a 50.5 ft. wide street right of way width for his half of
1000 North St. along his 194.27 ft. length of frontage along 1000 North St.
2"° East St. (S.H. 33)
The recent street improvements along 2nd East St. (S.H. 33) were partially
paid for by the Idaho Department of Transportation and the remaining Project costs
were paid for by the City of Rexburg. Developer will reimburse the City for the curb
and gutter and street paving and ballast depth along the Developer's North 2nd East
frontage as follows.
124.51 lin. ft. curb & gutter @ $8.00/lin. ft. = $996.08
5 ft. wide pvmt. width x 124.51. In. ft. @ $3.00/ sq. ft. = $1,867.65
Developer will also be responsible for the 5 ft. wide sidewalk along his 2nd East St.
frontage.
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 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 main, the sanitary sewer line, storm drains and street section work (hereafter
collectively referred to as the "Shared Work"), the cost of which the City has
ANNEXATION AGREEMENT --- 6
expressly agreed to pay pursuant to the Special Conditions, including any water or
sewer line or storm line extensions, increased line size or capacity and road width or
thickness, 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.
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.
SEE ATTACHED COST ESTIMATES SETTING FORTH THE ESTIMATED
COST FOR THE CITY PARTICIPATION IN THE SUBJECT DEVELOPMENT.
ANNEXATION AGREEMENT --- 7
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 DIST RIC 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.
ANNEXATION AGREEMENT--- 8
23. 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.
24. 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.
25. 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.
26. 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.
27. 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.
28. SEVERADILi T 1 . If arty provision of this Agreement is determined to be
invalid or illegal, the remainder of the Agreement shall not be affected.
29. 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.
30. EFFECTIVE DATE. This Agreement shall become valid and binding only
upon its approval by the City Council of 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.
ANNEXATION AGREEMENT--- 9
FOR THE CITY OF REXBURG
FORM:
ger
John Millar
City Engineer, Joe A.
APPR/ KD l%
B ! ATTE
ayor, Bruce erl nd By. &
City Clerk, Ma ilyn Hansen
STATE OF IDAHO)
ss.
County of Madison )
(SEAL)
On this4-!-!K day o 000,!before me, the undersigned, a
Notary Public for Idaho, perso Ily 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.
1,0 N Hq is
QP.............
p T q HY•;jt2
pusor- t
�4��TF•0F `OPO
A1NNEXATION AGREEMENT--- 10
Notary Publi for Idaho
Residing at Rexburg, Idaho
My Commission Expires: 1o1-6 -o?44�5-
DEVELOPER
Gary Archibald
1690 So. 1000 West
Rexburg, Idaho 83440
Gary Arc i ald
(SEAL r
STATE OF �# )
ss.
County of ✓I is& e
On this I day of / UC/Us_4, . f 20Q(l, before me, the��j ndersipned, a
Notary Public for said State, person'a appeared known to me to
be the President/Authorized Agent of the corporation th t 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.
Wgps
NOT, X09i
;
9
(SEAL)
�
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OF to N```�Q
ANNEXATION AGREEMENT --- 11
j
Notary/Rub lic
Residing at:
My Commission Expires: U ;;2 �C
SPECIAL CONDITIONS & SHARED WORK --- CENTRAL PARK RESTAURANT
The City of Rexburg will participate in the following listed items to an amount no larger
than the amount shown for each item:
1 --- 12" WATERLINE ALONG S. H. 33
133 In. ft. of 12" D.I. Waterline @ $19.50/ In.ft.-- -------------------------------- $2,203.50
133 In.ft. Cl. II Exc. & Cl. A Bkfl. @ $6.00/ In.ft.---------------------------------- 798.00
Total Cost of 12" waterline -------------------------------------------------- $3,001.50
2 --- 12" SANITARY SEWER ALONG S H 33
172 In.ft. of 12" San. Sew. @ $10.00/ In. ft. --------------------------------------- $1,720.00
172 In.ft. Cl IV Exc. & Cl. A Bkfl. @ $12.50/ In.ft.-------------------------------- $2,150.00
1 Manhole w/7ft. extra depth @ $1760.00 each --------------------------------- $1,760.00
Total Cost of 12" San. Sew. along S.H. 33 --------------------------- $5,630.00
3 --- 12" SANITARY SEWER ALONG 1000 NORTH ST,
147 In. ft. of 12" San. sew. @ 10.00/ In.ft.---------------------------------------- $1,470.00
147 In.ft. Cl. IV Exc. & Cl. A Bkfl. @ $12.50/ In.ft.------------------------------ $1,837.50
Total Cost of 12" San. Sew. along 1000 North St. ---------------- $3,307.50
4 --- STREET CONSTRUCTION ON 1000 NORTH ST.
Difference in Asphalt Py. mt. & 3/4 Agar. Base depth between
Minor Arterial St. and Business St
Difference in cost Plmx. between 4" and 3" depth = $8.25 - $5.60 = $2.65/ sq. yd.
5,381.3 s.f. / 9 sy. X $2.65/s.y.----------------------------------------------------- $1,584.52
Difference in cost of 3/4" Aggr. Base. ( 4" to 6" depth)
5,381.4 s.f. X 0.17/ 27 c.f/c.y. X $13.75 /c.y.---------------------------------- 465.88
Total Cost of Diff. in Asph. Plmx. & 3/4" Aggr. Base ------------------------ $2,050.40
ANNEXATION AGREEMENT--- 12
SPECIAL CONDITIONS & SHARED WORK --- CENTRAL PARK RESTAURANT
4 --- STREET CONSTRUCTION ON 1000 NORTH ST-contd.
Cost of extra width of street surface between Minor Arterial St and Business St
Extra Width of Plantmix Pavement -------------------------------------------------- $2,685.38
Extra Width of 3/4" Aggr. Base -------------------------------------------------------- $ 800.25
Extra width of Granular Borrow ------------------------------------------------------- $1,262.95
Extra Width of Excavation------------------------------------------------------------ $1,022.63
Extra Width of Seal Coating---------------------------------------------------------- $ 418.73
Total Cost of Extra Street Width
$6,189.94
City's Share of Cost of Temporary Conn on East End (Based on extra 13 5' width)
Extra Width of Plantmix Pv'mt. for Temp. Conn. ------------------------------ $567.38
Extra Width of 3/4" Aggr. Base ----------------------------------------------------- $216.84
Extra Width of Gran. Borr.----------------------------------------------------------- $310.70
Extra Width of Excavation for Temp. Conn. ------------------------------------ $257.46
Total Cost for Extra Width of Temporary Connection -------- $1,352.38
Total Cost for extra width and depth of materials for Street ---------- $9,592.72
Cost of extending rigid plastic conduit for future traffic signal
and providing new junction box for conduit
Estimated cost of conduit extension & box
TOTAL EST. COST OF CITY PARTICIPATION IN DEVELOPMENT- $22,131.72
ANNEXATION AGREEMENT --- 13
SPECIAL CONDITIONS & SHARED WORK --- CENTRAL PARK RESTAURANT
Summary of Developer's Reimbursements to City for Existing Facilities
FRONT FOOT WATERMAIN CHARGE ON 2ND EAST ST.
124.51 In.ft. @ $10.00/ln.ft.------------------------------------------------- $1,245.10
FRONT FOOT SANITARY SEWER CHARGE ON 2ND EAST ST.
124.51 In.ft. @ $10.00/ In.ft.------------------------------------------------ $1,245.10
FRONT FOOT STORM DRAIN CHARGE ON 2ND EAST ST.
124.51 In.ft. @ $10.00/ In. ft. -------------------------------- -------------- $1,245.10
REIMBURSEMENT FOR STREET IMPROVEMENTS ON 2ND EAST ST.
124.51 In.ft. curb and gutter @ $8.00/In.ft.----------------------------- $ 996.08
5 ft. wide pv'mt. width x 124.51 In. ft. @ $3.00/sq.ft.----------------- $1,867.65
TOTAL REIMBURSEMENT TO CITY FOR EXIST FACILITIES ---- $6,599.0
ANNEXATION AGREEMENT--- 14
fi/GUS ;5�- /
G1TY OF REXBURG UTILITY RATE LISTING azof7127M
24.92
28.92
32.92
Water last increased: Oct 98
49.84
57.84
65.84
Sewer last increased: Oct 95
WATER & SEWER
.86.76
98.76
122.76
99.68
115.68
z ao-
163.68
124.60
144.60
164.60
204.60
149.52
173.52
197.52
245.52
7
9.00
5.00
11.70
6.50
z = o
22.50
12.50
29.25
16.25
..Mi "
31.50
17.50
40'.95
22.75
dMwu
40.50
22.50
52.65.
29.25
58.50
32.50
76.05
42.25
85.50
47.50
111.15
61.75
P'
108.00.
60.00
140.40
78.00
L
216.00
120.00
280.80
156.00
324.00
180.00
421.20
234.00
6,000
0
6,000
0
0.537
1.73
0.698
2.25
0.482
1.73
0.627
2.25
HOOKUP FEES (not including materials)
Hook-up Fees last increased 5/19/99
aK�
650.00
575.00
975.00
900.00
202.50
437.50
-w p
n/a
1.75%gpd
n/a
2.625/gpd
.81/gpd
n/a
1.22/1
n/a
Garbage last increased: Oct 94
GARBAGE
GARBAGE
- 'P: aysa C :L6,.4
*4 .yr
....
12.00 3.00
7.00
3.00
3.3m. limey vM e. �y vR2SH YIiS. 'q A
24.92
28.92
32.92
40.92
49.84
57.84
65.84
81.84
74.76
.86.76
98.76
122.76
99.68
115.68
131.68
163.68
124.60
144.60
164.60
204.60
149.52
173.52
197.52
245.52
07/13,/P000 THU 16:41 FAX
x
Mountain River, Inc.
CONSULTING ENGINEERS AND LAND SURVEYORS
PROPOSED LEGAL DESCRIPTION
FOR
ANNEXATION TO CITY OF REXB.URG
ia 002/002
July 13, 2000
A tract of land lying In Madison County, Stare of Idaho, in the 5W / of Section 1 %, Township 6
North, Range 40 East, Boise Meridian, and particularly described as follows;
Beginning at the SW Corner of Section 17 a found vault and monument; thence
N 89°31'34" E along the south line of said Section 17, a distance of 50.00 feet to the Point of
Beginning thence N 00°11'06" E and parallel to the west line of Section 17 a.distance of 175.01
feet; thence N 89131'34" E and parallel to the south line of Section 17 a distance of 192.84 feet;
thence S 00028'26" E and perpendicular to the south line of Section 17 a distance of 175.00 feet,-
thence
eet,thence 5 89°31'34" W along the south line of Section 17 a distance of 194.86 feet to the Point of
Beginning.
The above described tract of land contains 0.78 acres.
1020 East Uncoln Road • Idaho Falk, Idaho 83401
Phone: C208) 524-6175
fox (208) 524.6181
5606
uril1/zVVV 1Lr, iz:la eA4 �fl 002/002
Mountain River, Inc.
CONSULTING ENGINEERS AND LAND SURVEYORS
July 11, 2000
LEGAL DESCRIPTION
FOR
FRANK ZIMMERMAN
RESTAURANT PARCEL
A tract of land lying in Madison County, State of Idaho, in the SW /4 of Section 17, Township 6
North, Range 40 East, Boise Meridian, and particularly described as follows:
Beginning at the SW Corner of Section 17 a found vault and monument; thence N 89031'34" E
along the south line of said Section 17, a distance of 50.00 feet; thence N 00011'06" E and parallel
_.
tothewest line of Section 17 a distance of 50.50 feet to the Point of Be¢ -ming; thPn econtinuing
N 00'11'06" E, 124.51 feet; thence N 89°31'34" E and parallel to the south line of. Section 17 a
distance of 192.84 feet; thence S 00028'26" E and perpendicular to the south line of Section 17 a
distance of 124.50 feet; thence 5 8991'34" W and parallel to the south line of Section 17 a
distance of 194.28 feetto the Point of Beginnine.
The above described tract of land contains 0.55 acres
50.50 FEET COUNTY ROAD
A tract of land lying in Madison County, State of Idaho, in the SW '/4 of Section 17, Township 6
North, Range 40 East, Boise Meridian, and particularly described as follows:
Beginning at the SW Comer of Section 17 a found vault and monument; thence N 89°31'34" E
along the south line of said Section 17, a distance of 50.00 feet to the Point of Beginning, thence N
00°11'06" E and parallel to the west line of Section 17 a distance of 5050 feet; thence N 89031'34"
E and parallel to the south line of Section 17 a distance of 194.28 feet; thence S 00028'26" E and
perpendicular to the south line of Section 17 a distance of 50.50 feet; thence S 89°37'34" W along
the south line of Section 17 a distance of 194.86 feet to the Point of Beginning.
The above described tract of land contains 0.23 acres.
1020 East Lincoln Road • Idaho Folls, Idaho 83401
Phone: (208) 524-6175
Fax: (208) 52"181
506
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