HomeMy WebLinkAboutDEVELOPMENT AGREEMENT - 98-00032 - Staples - Office Supply StoreDEVELOPMENT AGREEMENT
AG-REEMENT, made this day of , 1998, by and between the
CITE OF REXBURG, a municipal corporation, hereinafter called
to 12 North Center,
P.O. Box 280, Rexburg,1daho 83440, and PLATINUM DEVELOPMENT, LLC., hereinafter
called "DEVELOPER," whose mailing address is 135 East Main, Rexburg, Idaho 83440:
WITNESSETH:
VMEREAS,, Developer is the sole owner, in law or equity, of a certain trait of land in
the County of Madison, State of Idaho, which land (hereafter referred to as the Development)
is more particularly described as the site for a Staples Store (Shown on EXHIBIT "A"
attached hereto and by this reference made a part hereof); and
VMEREAS,, Developer has requested the Development be approved by the Cray and
has or will submit Improvement Plans for the Development described in the caption of the
Agreement; and
WHEREAS., city water, sanitary sewer, storm drain axid street facilities ars adjacent
and accessible to Developer", s land; and
�IEREAS,, Developer is responsible for the street and utility improvements with -in
and adjacent to the Development;
NOW THEREFORE, in consideration of the terms and conditions set forth herein, the
parties agree as follows:
1. DEVELOPMENT OF STAPLES STORE TRACT. The City agrees to provide
water and sewer service to the Development, subject to Developer's acceptance and
performance of the berms and conditions of this Agreement,,
DEVELOPMENT AGREEMENT - pg. 1
2. IMPROVEMENT PLANS. Developer has filed and the City Engineer has
approved a complete sit of 'improvement Pians (hereafter referred to as the. "Improvement
Plans".), showing all streets, sewer lines, water lines, storm drainsr%rl-
street sign, traic control
devices., barricades and ether public improvements contemplated within the Development'.
The Improvement plans also show the proposed location of other public utilities (telephone,
gay 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 Improvement Plans. Unless otherwise agreed in writing by the
City Engineer, Developer will construct all public improvements within the Development in
w,
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 Racal 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, dull 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 constructionof such
DEVELOPMENT AGREEMENT - pg. 2
publ ic improvements within a reasonable time after such finding is made or if Developer does
not compete such construction within a reasonable time thereafter, the City- may construct or
complete such facilities at Developer's expense. The City Council shah not make such
finding unless Developer has been given at feast ten (10) clays 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. This section
shall appy only to that portion of the site plan to approve in connection with development at
this time.
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 th.i's 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 shah be prepared by the PEngineer 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 shave all changes between the original Improvement Plans and the public
DEVELOPMENT AGREEMENT - pg. 3
impravements 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 Impravemeni Plans" shall become the
property of the City of Rexburg. The Project engineer shall alio deliver to the City Engineer
all compaction reports, daily construction Ings, 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 flans,
the City will accept the Development. Such acceptance shah not be valid unlessexpressly
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 owmership
and control of all public. facilities within any dedicated street or public right-of-way within the
Development. Acceptance of the Development shall not be deemed as a waiver of
Developer,5 s failure to fully and completely perform the terms and conditions hereof or as a
waiver or rebase 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 shah be good and
sound and shah conform to generally accepted standards within the construction industry.
such warranty shall expend for a period of one (1) year after acceptance of the Development
by the City, provided nothing herein shad limit the firne within which the City may bring an
action against Developer on account of Developer's failure to construct such improvements in
DEVELOPMENT AGREEMENT - pg. 4
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 t0
ime, Developer will pay the appropriate
hookup fee for the size of water or sewer hookup desired. If excavation �s 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 miter
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 casts associated with the installation of the water sezvice connection.
11. FRONT FOOT WATER LINE CHARGE
The subject property has 156 lineal feet of front -age along the water line that the City has.
installed along 2"d East Street.
The Developer will not be connecting to this,waterline;
therefore, there will not be a "Front Foot Waterline Charge" for this waterline frontage.
The subject property has 45 lineal feel of frontage along the 8" diameter water line that has
already been installed along Lorene Ave.
The Developer shall reimburse the City for his
share of the installation costs 4f said 8" water line as follows:
Lorene Ave. 8" Front Foot Water Line Charge:
45 In. ft. x $10-00/1n. ft., -------------- *---- $450.00
DEVELOPMENT AGREEMENT - pg. 5
The Developer shall install an 8" diameter watermain along his entire remaining Lorene Ave.
Frontage. At such time as the Cid is reimbursed the customary $1 0 per Front Foot
Watenmain Charge by the Developer on the south side of Lorene Ave., the City will, in turn,
reimburse Platinum Development, LLC the same dollar amount that it collects from said
Develaper..
12. FRONT FOOT SANITARY SEWER CHARGE.
The subject property has 1 56 lineal feet of frontage along the samtary sewer line that the City
has installed along 2" East Street.
The Developer will not be connecting ta this sanitary
sewer line; therefore., there Will not be a "Front Foot Sanitary Sewer Line Charger' for this
water line frontage,
The subject property has 45 lineal feet of frontage along the 8" diameter sanitary sewer line
that has already been installed along Lorene Ave. The Developer shall reimburse the City for
his share of the installation costs of said sanitary sewer line as follows:
Lorene Ave. Front Foot Sanitary Sewer Charge:
I. ft. x $ 10. 0 0/ In. ft. -------------------- $450.00
The Developer shall install an 8"' diameter sanitary sewer line along hzss entire remaining
DEVELOPMENT AGREEMENT - pg. 6
Lorene Ave. Frontage.
At such time as the City is reimbursed the customary $ 14 per Front
Foot Sanitary Sewer Line charge by the Developer an the south side of Lorene Ave., the City
will in turn, reimburse Platinum Development., LLC. the same dollar amount that it collects
from said Developer.
13. FRONT FOOT STORM DRAIN CHARGE.
The subject property has 156lineal feel of frontage Tong the storm drain line that has been
installed along 2nd Easy Street and 45 lineal feet of frontage hong the storm dxal'n line that
has been rnsialled along Lorene Ave. The Developer shall reimburse the City for his share
of the installation costs of said storm drain lines as follows:
2nd Easy fit. Front Foot Storm Drain Charge-,
156 In. . x $10.00/ nft, $1560n00
Lorene Ave. Frani Foot Storm Drain Charge:
45
In. ■ i 10.00/ Ire.ft.!7"fi_iii ®i����\ii`���lllii� 450.00
The Developer shah install an 18" diameter storm drain fine along his entire aremaining Lorene
Ave. Frontage,
At such time as the City is reimbursed the custarnnary $ 1 0. 0 0 per brant Fort
Storm Drain Charge, by the Developer an the south side of Lorene Ave, the Clyiwill, in tum,,
reimburse Platinum Development, LLC. the same dollar amount that it collects from said
Developer.
DEVELOPMENT AGREEMENT - pg. 7
The Developer may connect his an -site storm drain facilities to the City -installed storm drain
adjacent, to the Development.
VVhere there is a possibility that gasoline or diesel spills could
get into the storm drain system, the developer shall be responsible for installing equipment /
facilities that will prevent petroleum products from entering the storm drain system.
Any
discharge of gasoline, diesel or other petroleum products into the storm drain system shall be
the Developer's sole responsibility and liability. Any damage or injuries resulting through
such discharge from Developer's property shah be paid for by Developer.
14. STREET IMPROVEMENTS.
The Developer is normally responsible for installing the curb and gutter, sidewalk and a 1/2
street width of asphalt paving (up to 22 112 feet maximum width of pavement per side of the
street that the Developer is developing, with street ballast thicknesses as follows: 3 '/� inch
depth of asphalt plantmix pavement, 6 inch depth. of 314" Aggregate Base and 20 inch depth,
of Granular Borrow sub base material.
Paan of the recent street improvement project cost along 2"d East St. was paid for by the Idaho
Department of Transportation and the remaining project cost was paid for by the City of
Rexburg. Developer Will reimburse the City for the curb and gutter and street paving across
the Developer's North,2" East frontage as follows:
DEVELOPMENT AGREEMENT - pg. 8
Street Improvement Costs, on 2nd Easy St.:
156 lineal feet of Curb and Gutter @ S8.00/1n. ft. -------------------- $1248.00
156 1n. ft. x 5(wide) = 780 sq.ft. (g' $ 3.00/sq. ft. -------------------- $2340.00
Sub -total -rill $ 3-0 5 8 8.0
Construction of Lorene Ave.
Developer shall dedicate and develop the north �� strut right-of-way width (3Q ft.) along his
entire remaining Lorene Ave, frontage as shown on the attached EXHIBITS A & B. The
Developer shah also develop the sough 1/z street right-of-way width of Lorene Ave. from the
present end of the curb and gutter and asphalt pavement(on the south half of the street)
easterly to the east end of the Developer's frontage for the new Staples Store.
This street
0
construction work shall be as shown on the attached EXHIBITS A & B, but will not include
sidewalk on the south side of Lorene Ave.
The owners of the property on the south side of Lorene Ave. (Les & Tammy Mai) will
dedicate the south 34 ft. width of right of way for Lorene Ave.
At such time as the City is
reimbursed for the casts associated with developing the south 1/z street right-of-way width, the
City Will, in turn reimburse Platinum Development, LLC the same dollar amount that it
collects from the ]developer of the sough side of Lorene Ave. These street reimbursement
amounts will be. based upon EXHIBITS A &Band the following dollar amounts for the
DEVELOPMENT AGREEMENT - pg. 9
various types of street construction ward:
Concrete Curb & Gutter-------------
3 '/z " Thick Asphalt Plantmix Surfacing ------ $6.40/ sq. yd.
3/4" Aggregate Base --------------- -_i--_ $12.00/ cu. Yd.
Granular, BorrowYd.
Seal C$1.14/ __7��9_______ii_fii��1 yd.
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 bv
Developer within the Development or declare the entire unpaid balance immediately die 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 haw or in equity. All such remedies shall be
cumulative and the City may pursue the game 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
amain, the sanitary sewer line., storm drains and street section work (hereafter collectively
referred to as the "Shared Work"), the cost of which the City his expressly agreed to pay
pursuant �o the Spec�a� Canditivns, including any water ox 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 vacated within the
vicinity of the Development and that, sound planning requires construction thereof at the
present time in order to acconnladate future expansion and development. In recognition of
DEVELOPMENT AGREEMENT -pg. 10
the cast savings which can be accomplished by construction of such excess capacity and
improvements concurrently with the facilities to be constructed for Developer's purposes, anal
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, canunencement of the Shared Work,, Developer shall obtain
and deliver to the City three independent bona fide bids for the performance of such work
from qualified and responsible contractors. Such bids shah be solicited and itemised in a
manner which allows clear and speck identification of that portion of the construction work
for which the City is responsible. The City shall have no obligation to pay for any portion of
the costs of the Shared Word unless prier 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 shah be due within tWrty (3Q) 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 NOT PARTICIPATING IN ANY SHARED WORK IN THIS
DEVELOPMENT.)
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.
(TI-IERE ARE NO SPECIAL CONDITIONS FOR THIS DEVELOPMENT
AGREEMENT, EXCEPT AS SUCH MAY BE COVERED BY SECTION 1 1, 12, 1 3,& 14 OF
THIS AGREEMENT)
DEVELOPMENT AGREEMENT - pg. I I
IS. OCCUPANCY. No building within the Development shah be used or occupied
for any purpose ocher than for the construct*
on of such building or structure, unless allpublic
improvements within the Development have been completed and accepted bv 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 o-"rned by
Developer and located within the Development, until such default 'is fully corrected.
2Q. NOTICES. .Any notice required by this Agreement shad be mailed to the
receiving party pat the address set forth above or such other address as may be delivered to the
W,
sending party in writing. Such notice shall be mailed by certified maid, xetUI11 receipt
requested, postage prepaid and addressed as sei forth above and shall be deemed received
upon its deposit in the United States mail in such manner.
21. RECORDING FEES. City shall pay allrecording 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 shah state that the water rights for
all property within the Development have been transferred from thero-pertvpand that all Hens
and assessments of such water delivery entity have bccn released. Or, the certificate shall.
DEVELOPMENT AGREEMENT - pg. 12
P
.1�
Mate 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
IP irrigation entity awning or operating said irrigation facilities. Developer will be responsible
for maintenance on any modifications to the irrigation system unless otherwise specified in
writing.
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 Irnprovement 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 ocher, may be enforced simultaneously or separately,
at the sale discretion of the City.
26.. GOVERNING LAW. This Agreement shall be governed by the laws of the State
of Idaho. The venue dor 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 viper prior statement, representation or understanding
DEVELOPMENT AGREEMENT - pg. 13
shad be binding upon the parties unless expressly sed fore, herein.
28.. SEVERABILITY. If any provision of this Ar�eement is determined to be invalid
or illegal, the remainder of the .Agreement shall not be affected.
29, WAIVER. Waiver by the pity of any breach of any Cerin, covenant or condition
shall not be deemed to be a waver 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 waiting by
the City.
30. EFFECTIVE DATE. This Agreement shall become valid and bindingonly upon
its approval by the City Council of the City and upon its execution by the Mayor.
IN WITNESS MrHEREOF, the parties have hereunto set their hands and seals the day and
year first above written.
ATTEST:
City Clerk, Rose Bagley
(SEAL)
City Attorney, Stephen Zollinger
DEVELOPMENT AGREEMENT - pg. 14
CITY OF REXBURG
By
Mayor, Nile L. Boyle
City Engineer, Joe A. Laird
STATE OF IDAHO
County of Madison
On this
sso
day of
1998, before me, the undersigned, a Notary Public
for Idaho, personally appeared Nile L. Boyle, 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 faregaing document, and acknowledged to me that such
City executed the same.
IN WITNESS WHEREOF, I have hereunto set my .and and affixed my official seal
the day and year first above written,
(SEAL)
DEVELOPMENT AGREEMENT - pg. 15
Notary Public for Idaho
Residing at Rexburg, Idaho
My Commission Expires.0
PLATINUM DEVELOPMENT, LLC.
Breit Hastings
STATE OF IDAHO
County of Madison
On this
} SS*
day of
1998,. before me, the undersigned, a Notary Public
for said state, personally appeared Brett. Hastings, known to me to be the Presl*dent/
.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 sit my hand and affixed my official seal
the day and year first above written.
Notary Public
Residing at:
hey Commission Expires:
(SEAL)
DEVELOPMENT AGREEMENT - pg. 16
PLATIMUN DEVELOPMENT LLC
DEVELOPMENT AGREEMENT REIMBURSEMENTS FOR
WATER, SANITARYSEWERT RM DRAINSANDS TREET
IMPROVEMENTS ON 2 N' EAST STREET A& LORENIE AVE.
Front Foot Waterline charges on Lorene Ave.
45 In. ft. x $10-00/ In. ft. ..... I-__-_ii.ii........ $450.00
Front o f sanitary SCharges on Dorene
Ave.
45 In. ft. x $10.00/ In. ft - ----------------------
$450.00
Front foot Storm Drain Charges on 2East St.
156 In.
�i YYY���, x $ 1 . �, ih.Y�' Ji} r■ F fii�l1 _______�}ii___F� ^��ii__i�i1�}iiiiiii��_i_____$1560000
Front Foot Storm Drain Charges on Lorene Ave.
45 In. ft. x $10.00/in. ft. � &I - - - - -
$450.00
Front Foot Street Improvement Charges on 2 d East
156 In. ft. x $1248.00
156 In. ft. x 5'(wide) = 780 .i . + $3.00.sq.ft. $2340.00
TOTAL REIMBURSEMENT DUE ------------------------ $6498.00