HomeMy WebLinkAboutDEVELOPMENT AGREEMENT - Parkside PUD PH A - Jester, JohnJuly 23, 2001
STATE OF IDAHO
www.ci.rexburc.id.0
John Dester
Georgetown Development
Cotton Tree Square
2230 North at University Parkway VG
Provo, UT 84604
RE: Development Agreement - Parkside Townhouses
Dear John:
Enclosed is an original signed Development Agreement for Parkside
Townhouses.
Yours truly,
CITY OF REXBURG
Marilyn Hansen
City Clerk
P.O. Box 280
12 North Center Street
Rexburg, Idaho 83440
Phone (208) 359-3020
Fax (208) 359-3022
e-mail rexburg@ci.rexburg.id.us
DEVELOPMENT AGREEMENT
PARKSIDE TOWNHOUSES
AGREEMENT, made thisc?g`-day o 2001, by and between the CITY OF
REXBURG, a municipal corporation, hereinaftercalled " ITY," 12 North Center, P. O. Box 280, Rexburg,
Idaho 83440, and Georgetown Development, hereinafter called "DEVELOPER," whose mailing address is
CottonTree Square 2230 North at University Parkway #7G Provo, Utah 84604 (Attn. John Dester ):
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 Parkside Townhouses, 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 PARKSIDE TOWNHOUSES. 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 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
DEVELOPMENT AGREEMENT - 1
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, 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.
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
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
DEVELOPMENT AGREEMENT - 2
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, 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.
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. Developer will 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 Developer's water service line installer will purchase the necessary water meter materials as
specified by the City Water Department, for use in the water service connection.
The 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. The subject property has approximately 300 lineal feet of
frontage along an existing city water line that the City has installed along 1500 West. The Developer shall
DEVELOPMENT AGREEMENT - 3
reimburse the City for his share of the installation costs of said utility as follows:
(THERE ARE NO FRONT FOOT WATER LINE CHARGES APPLICABLE TO THIS
DEVELOPMENT.)
It will be the responsibility for the Developer to extend the existing 12 inch water line along 1500
West from the existing line to the south line of the development. The work will include the installation of one
12 inch butterfly valve.
12. FRONT FOOT SANITARY SEWER CHARGES. The subject property has NO lineal feet of
frontage along the sanitary sewer line that the City has installed along 1500 West. The Developer shall
reimburse the City for his share of the costs of said utility as follows:
(THERE ARE NO FRONT FOOT SANITARY SEWER MAIN CHARGES FOR THIS DEVELOPMENT)
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 along 1500 West. The Developer shall
reimburse the City for his share of the costs of said utility as follows:
(THERE ARE NO FRONT FOOT STORM DRAIN MAIN CHARGES FOR THIS DEVELOPMENT)
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'/ inch depth
of asphalt plantmix, a 3 '/ inch depth of 3/4" Aggregate Base and a 12 inch depth of Granular Borrow or
similar approved sub base material, or as presently set forth in the Standard Specifications.)
The street section to be used along 1500 West is typical section 4. The centerline of the existing
road is to be considered as the completed roadway centerline and this development will be required to
construct the road to a total 27.5 foot half width. The existing paving surface can be utilized for the
completed roadway. Typical section 4 is attached to this agreement.
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"),
DEVELOPMENT AGREEMENT - 4
the cost of which the City has 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.
(THE CITY IS PARTICIPATING IN THE COST OF THE WASTEWATER PUMPING STATION AND THE
CONSTRUCTION OF THE PRESSURE LINE BACK TO THE CITY'S EXISTING COLLECTION SYSTEM.
See Section 17- Special Conditions below and the calculation of shared work set forth in the attached
EXHIBITS at the end of this Agreement.)
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 for 1500 West will
consist of at least two (2) approved sumps and related catch basins. 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 Developer will connect his on-site sanitary sewer facilities.
The Developer will also construct an 8 inch sewer main and associated manholes along the full frontage of
this development on 1500 West. Depth is to be adequate to serve development in the area. The City will
DEVELOPMENT AGREEMENT - 5
participate with the Developer in the cost of the construction of a sanitary sewer lift station that will be
constructed by or thru the City. The City will provide the pumps and controls for the station and will have
constructed the station. The developer will provide a 20 feet by 20 feet piece of property upon which the
station can be constructed.
The construction of an 8 inch pressure line will be required from the pumping station to the
connection at 1500 West and Engleman Street. The Developer and the City will share in the cost of the
pressure line. The estimated length of the pressure line is 850 feet.
See EXHIBIT 1 under SHARED WORK at the end of this Agreement that sets forth the City's
participation in the cost of this shared Sanitary Sewer Work.
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
DEVELOPMENT AGREEMENT - 6
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 Planned Residential Development 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.
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 Developers 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 Stale 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.
DEVELOPMENT AGREEMENT - 7
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.
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FOR THE CITY OF REXBURG
AS TO
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STATE OF IDAHO)
ATTEST:
City Clerk, M yn Hanson
(SEAL)
: ss.
County of Madison )
On thisa7� yo 2001, before me, the undersigned, a Notary Public for Idaho,
personally appeared Bruce heri 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.
\\\PR I LY IV /y
_c N O lq '. m
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9'
DEVELOPMENT AGREEMENT - 8
�a) ���
Notary Public iror Idaho
Residing at Rexburg, Idaho
My Commission Expires: /4-w/ -off
DEVELOPER
GEORGETOWN DEVELOPMENT
Cotton Tree Square
2230 North at University Parkway #7G
Provo, Utah 4604
John er
(SEAL
STATE OF 1
as.
County of
On this l�Z_ day of 2001 before me, the undersigned, a Notary Public for said
State, personally appeared JoW DeVer, 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.
WotaN Public
Residing at:
My Commission Expires: 3/.1 j
(SEAL)
DEVELOPMENT AGREEMENT - 9
SPECIAL CONDITIONS & SHARED WORK --- PARKSIDE TOWNHOUSES
EXHIBIT 7
Developers share of cost of Wastewater Pumping Station:
Estimated Cost: $ 80,000
Developers cost at 25% is $20,000
Developers share of cost on the pressure sewer line is $10.00 per foot or I&M
City Participation of Shared Water line construction: NONE
City Pailicipation of Shared Street Work: NONE
EXHIBIT 2:
Attached schedule of water and wastewater connection fees.
DEVELOPMENT AGREEMENT - 10
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CITY OF REXBURG UTILITY RATE LISTING as of 101!/2000
WATER & SEWER
t
.75 inch
1.00 inch'
1.25 inch
1.50 inch'
2.00 inch
3.00 inch
4.00 inch
_ 6.00 inch
8.00 inch
Water last increased: Oct 2000
Sewer last increased: Oct 2000
CITY -
WATER
SEWER
WATER
SEWER
12.25
6.50
15.93
8.45
30.63
16.25
39.81
21.13
42.88
22.75
55.74
29.58
55.13
29.25
71.66
38.03
79.63
42.25
103.51
54.93
116.38
61.75
151.29
80.28
147.00
78.00
191.10
101.40
294.00
156.00
382.20
202.80
441.00
234.00
573.30
304.20
Minimum Gallons:
6,000
0
6,000
0
Overage Rates:
0.537
1.85
0.698
2.41
Over 1 Million Gals:
0.510
1.85
0.663
2.41
HOOKUP FEES (not including materials)
Hook-up Fees last increased 5/19/99
Minimum and All Homes
650.00
575.00
975.00
900.00
Per Apartment (of 6 Students)
202.50
437.50
Over 328 gal/day
n/a
1.75/gpd
n/a
2.625/gpd
Over 800 gal/day
81/gpd
n/a
1.22/gpd
n/a
Garbage last increased: Oct 99
GARBAGE
Monthly
Per Pickup
90Gallon Roll-out (Black)__
Weekly'
14.00
3.50
90 Gallon Roll-out (Green) -
Bi -weekly
8.50
3.50
Size in Yards
1.5
2
3
Size in Gallons
300
400
600
Charge Per Pickup
7.50
9.00
12.00
Pickups,Per Week
1'
30.00
36.00
48.00
2
60.00
72.00
96.00
3'
90.00
108.00
144.00
4'
120.00
144.00
192.00
5
150.00
180.00
240.00
6
180.00
216.00
288.00