HomeMy WebLinkAboutDEVELOPMENT AGREEMENT - 98-00038 - West Tisbury - Apartments-i
4FIVE --OPMENT AGR1EEME-%;.T
AGREEMENT, made this �_ day of
1998, by and between the
CITY OF REXBURGam
unicipal corporation, hereinafter called '`CITY," 12 North Center,
P.O. Box 280, Rexburg, Idaho 83440:, and HOMESTEAD LIMITED PARTNERSHIP,
hereinafter called "DEVELOPER," Whose mailing address is P.O. Box 26i, noise, Idaho,
83701:
W ITNESSEi'H:
WHEREAS, Developer is the sole owner, in law or eqwty, of a certain tract of land in.
the County of Madisoll, State of Idaho, which land jk'herea�er �ef�rred to as the Development)
is more particularly described as the site for a Staples Store Shown on FIGURES A- �, & A-29
& FIGURF,,S 3, attached hereto and by this refierence mads a part hereof)., and
WHEREAS, Developer has requested the DeveloPment be approved bv the Civand
has or will submit Improvement Plans for the Development described in the capntion of the
Agreement; and
WHEREAS, ��ty waie�r, sanitary sever, storm dr
ain and sAreet facolLfies ars adjacent
and accessible to Developer's lands and
WHEREAS, Developer is responsible for the street and ufi��ty Improvements within
and adjacent to the Develo . Merl�;
NOW, THEREF0J?,-Ein consideration of the terms and conditions sit forth herein, the
parties agree as follows:
I - DEVELOPMENT oF WEST TISK
Y APARTMENT. Thef�11
ity agrees to
provide water and severer service is the Development, subject to Developer's acceptance and
DEVELOPMENT AGREEMENT - pg. 1
PcrfOrmance of the terms and conditions of this Ageementp
2. IMPROVEMENT PLANS. Developer has filed and the City Engineer has
approved a compl��� set o� i�prvvemen� Plans �re�fte� -e p�
Plans"),, showing all sheets, sewer dines, water lines, storm drams, street signs, traffic control
devices:, barricades and otherpublic �mpravements contemplated within the Development,
The Improvement plans also show the proased location of ocher public uti.litles (telephone,
,gas and electricity) and im'gation facilities affected by the development. Such Improvement
Pianos are incorporated herein by reference as though set out in fL111. Developer still need. to
have his engineer prepare plans for curb and gutter, sidewalk and asphalt paving along the
south side of 5' Saute. Street,,., These plans need to shote the profile grade of the new curb and
gutter, the ballast thicknesses of the various layers of Granular Barrow, 3��' Aggregate Base,
Asphalt Plantm'x, etc, as set forth in Section 12. -Street Improvements of this Agreement to
more clearly define the required new street construction. The Construction lispection of these
facilities is covered under Seefion 6 of this Deveiopment .Agreement.
3. CONSTRUCTION OF PUBLIC IMPROVEMENTS. Unless otherwise agreed in
the Special Conditions, Developer wild, at its expense, design and construct all public
improvements sown in the Improvement Plans. Unless otherwise agreed in writin b the
g Y
City Engm'eer, Developer will construct all public improvements �vithin the D%wV�e�opment inn
strict accordance with the Iprovement Plans and the City standard F-mgincering Drawings
�d Specifications thereafter referred to as the "Standard Sec�
and
pcations"}, in effect at the time
the cOnstructi011 is accomplished. The Standard Specificat�ons are �ncorporaied herein by
reference as though set out ire full.
I
4- PEB=�TS. Developer shall obtain all right-of-way, excavation -or o-�her permi
ts
DEVELOPMENT AGREEMENT - pg. 2
jo
required by local ordinance or any Stade agencies and camPlY with all requirements therein.
with resect to the timely performance of the ward governed by such permits,,
5.
COMPLEDUN OF PU13LT� IMPROVEMENTS. Developer agrees that upon a
fin&9 by the pity Counc"I, duly entered in the official minuses oftheproceedingsofthe Citvy-
Council, that a portion or portionsor the entirety of such PublIc ir�.proveznents need to be
completed in the interest of the public health, welfare or safety, Developer wz11 forthwith
construct such public improvements. If Developer does not commence const.ruct�On of such
public InproWments within a reasonable time after such fmding is made or if Developer does
not Complete such construction Vathin a reasonable tirne thcreafter, the City may construct or
complete such facilities at Developer's expensee The City Council shall not make such
finding unless developer has been given at feast ten (10) days advancewriiten notice o� Me
date and place of the, meeting and Developer, has been given an opportvm'ty to be heard of
such
meeting. At or before the meeting, the City Engineer shall fumish Developer a cost es�mate
for campleting the required portion or portions of such public improvements.
6. SEECTION. Developer will retazn a prafessiona� engineer (hereafter. referred to
as the "Troj eco Engineer") licensed within the Stade of Idaho o supez vise, inspect end �es� the
construction of all public improvements within the Development in Order tO ensure such
ImPravements ars constructed in accordance with this Agreement, the ImPrOvement Plans and
the Standard Specifications. Developer will not mate
rially deviate frOm the Improvement
Flans ax Standard SPCCiflcatiOns without the express written approval of the CityEngineer,,
7. CORRECTED IMPROVEMENT PLANS. Prior to acceptance of the
Development, Developer will file "As Constructed"rovementanI�xnp plae�reaFf��r
� referred to
as the "'Corrected Impro ent Plans") with the City, Engineer. Such Corrected Improvernent
DEVELOPMENT AGREEMENT - pg, 3
El
Plans shall be prepared by the Project Eng19
ineer and shall show the actual "as constructedi'
location of all public improvements within, the Development including�.�e �oxiz�n tal and
vertical location of all water9 sewer and storm dram Tines, individual build"n� Service ce ilnes,
curb and butter alignment and street grads, Such Cor�ec�d ImP,ovemePlans shall also
specifically show all changes between the or�g�nal Improvement plans and the public
improvements as actually constructed. The Project Engxneer shall also certify upon the
Corrected Improvement Plans that such P1a.n� co�ect�y s�o� a�� PU]ic ixnprflvements as
actually constructed and that such�u.b�ic ��npravemex�ts have been constructed in accordance
with the Standard Specificat-'O_ns in effect at the time such coinstructlon was accomplished.
The origmal. linens or mylars of these "Corrected Improvement Plans" shall become the
property of the City of Rexburg. The Project engshall also deliver to the City Eng'neer
all compaction reports, daily construction dogs, reports,
written tests3 analysis and other data as
may be necessary to verify or support the certification of the Project Engineer.
8. ACCEPTANCE OF DEVELOPMENT. U
pon satisfactory completion of such
public improvements and facilit*es and Developer's delivery of Corrected Improvement Plans',
the CAY will accept the Develo
P
L Such acceptance shall. not be valid untess ex�es�I
P Y
acknowledged in writing by the City En
91neer.F
xcept as otherwise express}.y pravided in the
Special Conditions,, upon acceptance of the Development the �C�iy shall assume ownership
and control of all public facilities within any dedicated street or public ri h��of-vera
g y within the
Development. Acceptance of the development shall not be d d. s a waiver of
Developer's failure to fully ara.d camPletely perform the terms and condi-tions hereof
ar as a
waver or release of the warranty sed Forth below.
9-, WAEBAhU—Y- Developer warrants that the materials and workmanshi em Io ed
p P Y
DEVELOPMENT AGREEMENT - pg. 4
1*
�n the construction of all public improvements within the Development shall begoodand
sound and shad conform to generally accepted standards within the construction 'Industry.
Such warranty shall. extend for a period of one (1) Year after acceptance of the Deve�oprnent
by the City, Pro-vi'ded nothing herein shall limit the time within which t.heC`
qty may bring an
action against Developer on account of Developer3 S failure to construct such improvements p ements zn
accordance with this Agreement, the Impravernent Plans or the Standard Specifications,,
10. WATER & SE WF,R HOOKUP FEES & MONTHY,V rrrr
LITY RATES. Water
and sever hookup fees and monthly utility rakes are shown on
the, attached FIGURIE I ,
Such
rates are subject to updating from time to ��me. Developer wi11 pay the app�°�pnate hookup
fee for the size off` water or sewer hoo"p desired. If excavation is required within any public
right of way, an Excavation Permit will also be required.
The Developer's crater service line installer will purchase the necessarywater
meter
materials as specified by the City Water Department, for use in the wateservice conn
ecion.
The Developer or his plumber will be responsible for acquiring the rewired luznbin
permits and for all costs associated with the installation of the water service connection.
11.
STORM DRAIN CpNNBCTIONS. The D V loper will connect his on-site storm
drain facilities tO the City -installed. norm drain adjacent to the Development,
Developer will provide access and cvntz-ol is the discharge control device to the City,,'
Developer may be gzven authoiri�y to joint ly control d�scha�°ge, said authont)7 to be at the
City's discretion.
mere there c,
Is a possibility that gasoline or diesel spills could get zn�o the storm drai"A
systema the Developer �ri�I be �espansib�e fay insta��ing waterlpetroleumrod
� ucts separating
systems that wi�i, to the gr�atesi passible, keep �et�rol�um products from enterz��
L, the stox-zn
DEVELOPMENT AGREEMENT - pg, 5
41
drain system.
Any discharge of gasoline, diesel or other petroleum products into the storm dram.
system shall be the Developez's sole responsibility and liability. Any damage or inJ un,es
resulting through such discharge form Developer's property shall be, paid for bY I3evclaper.,
is 12. STREET IMPROVEMENTS. The Developer s normally responsible for
4!
installing the curb and gutter.
sidewalk and a %street Width of asphalt paving,
1 (3 V2" depth of
Plantmix, 6" depth of X173 Aggregate Base and 20" depth granular of granular sub base
t C -
material). At this specin 0 c location. developer
W1
ill only be required to widen the pavana
approximately 10 feet with the back of curb to be located at 30 feet dram the strut centerline.
13. FAILURE TO PAY FEES. in the ,event Developer fails or refuses to pay any of
46�the fees, charges orcosts set forth herein, the C�� may de -annex anypropexty awned by
Developer wifllin the Development or declare theentire unpaid balance immediately due, and
Payable and collect such sum in the manner
ann 'Provided by law may pursue any- other remedy
set forth herein or as may be available __b1 at law or m equity,, Al15uch remedies shall be
cumulative and the Clty may Pursue the same separately or simultaneouslyas it deems
necessary or appropriate. In the event of such acceleration all sum due
S
bear
the rate established by law forjudgmenis entered in the State of Idaho.
14. PARTICIPATION BY CITY. The parties agree that those portions of the water
main, the sanitary sewer line, norm drains and street section work (hereafter collectively
referred to as the "hared Work"). the cost of which the City expressly agreed toYPap ursuant
to the, Special Conditions including any water or sewer line or storm line extensions,
4;
increased line size or capacity and road W1 qwre
width Or thickness, are re d because of future
service needs ori k ginating from properties 'lot ovvned by Developer and located within the
DEVELOPMENT AGREEMENT - pg,. 6
vicinity of the Development and that sound planting requires construction thereof at the
present time in order to accommodate future expansion and developments In recognYtion of
the cosi savings which can be accomplished by construction of such excess capacity and
R
improvements concurrently with the facilities to be constructed for Developer's purposes, and
the zmpracticalzty 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 Dev�lopfog 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 del'v�r �c� the C:ity Three independent bang fide bids for the performance of such wvrk
from qualified and responsible contractors, Such bids shall be solicited and ite�n�zed �n a.
manner which, allow clear and specific identification of khat POrt'On of the construction work
for which the City is responsible. The City shall have no ob�igatzon to pay for any portion of
the costs of the Shared work unless prier to the commencement of the work the parties have
expressly agreed in writing to a specific am.aunt for wMeh the City will reimburse the
Developer., Payment of such costs by the City shall be, due within thirty (3 0) 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. (TF -1E
CITY IS NOT PARTICIPATING TN ANY SI -JARED WORK fN THE DEVELOPME-1N 17
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 expressIv agreed to pay.
pursuant to the Special Conditions, mcluding any water or sewer line or storm ling extensions,
increased ling size or capacity and. road width or thickness., are requ]'red because of future
DEVELOPMENT AGREEMENT - pg. 7
service needs originating from properties not owned by Developer and located within ffie
vicinity of the Development and that sound planrung requires construction thereof at the
present time in order to accommodate future expansion and development. In recQIgniiion 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 impractical't� or impasslbiliiy of con.structing such excess �apacit� ar�d irnpravements
separately or at a later time,, Developer agrees to design and can��ruct such faczli��es subject
ain and deliver to the City three zndependent bona fide fids dor the performance of such work
frim qualified and responsible contractors. Such bids shall be svh c�ted and itemized in a
manner which allows dear and specific identi�Gation of that portion of the construction work
for which, the pity is responsible. The City shall have no obligation to pay far any portion of
the costs of the Shared Work: unless friar to the commencement of the work the parties have
expressly agreed in writing to a specific amount for which the C 0
ity will reimburse the
Developer. Payment of such costs by the City shah be due wither thirty (30) dais from
acceptance of the Development by the pity and del-vQan statement to the C luty
seting farts indetail the total amount of the costs for �v��ch the City is xesponsib1e.
(THE CITY IS NOT PARTICIPATING IN ANY SHARED WORK 1N THIS
DEVELOPMENT.)
15 SPECIAL CONDITIONS. In recognx��o:� of the unique circumstances reiative to
this Development the parties agree to the Special Conditions attached hereto and by this
reference made a part hereof
(NO SPECIAL CONDITIONS FOR THIS DEVELOPMENT AGREEMENT)
16. OCCUPANCY. No building within the Development shall be used or occupied
DEVELOPMENT AGREEMENT - pg. 8
for any purpose other than for the construction of such building or structure, ur�ess allpubtic
improvements within the Developmen� have been competed ana accepted by -the City
Engineer. The City may withhold Certific S of occupancy until all such wank has been
completed,
17, DEFAULT. In the event Developer fails to comply �vvith the �er�m� and cor�ci�t�ons
hereof in any material respect, the CitYTnnv withhold the issuance0of any buildmg permits.,
certificates of occupancy or the connection of water or sewer service to any property awned by
Developer and located within the Development, until such default is fully corrected.
18.. 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 maid, return receipt
requested, postage prepa*d and addressed as set forth above and shall be deemed received
upon its deposit in the United. States mail in such mannen
19. RECORDING FEES. City shall pay all recording fees necessary to record this
Agreement with the Madison County Recorder's office.
20. IRRIGATION DISTRICT R ELEASE. Prior to the final approval of the
Development, Developer shah obtain a eertifcation from any �riga�D. �vn district, canal
company, ditch association or other similar wader dellverY entity who pro,Vides 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 the Property and that all liens
and assessments of such water delivery entity have been re��ased� fir, the Certificate shall
stag that all Yrr�.ga-tiorx facilities that have been disturbed or altered by the Development have
DEVELOPMENT AGREEMENT - pg. 9
been repairedor reconstructed to the satisfaction. of the irrigation water user and/or the
ir41 f
rigation entity owning or opera��ng �a�d irrigation facilities. Developer will be responsible
for maintenance on any modifications to the irrigation system unless oihewise zf �d in
wriii"ng.
2I. CONFLICT WITH STANDARD SPECIFICATIONSW-M. In the event of any conflict
between the terms of this Agreement or the Improvement Plans and �h.e Standard
Specifications, the terms of this AvTeemifl"t or the improvement lans shall prevail over any
contrary provision oftheStandard. Speeif, cationst, In the event of any conflict between the
terns of this Agreement and the Improvement Plans, the terms of this Agreement shall
prevailt
22. COVENANTS APPURTENANT TO LFALLAND. All covenants and conditions
set forth herein shall be appurtenant to and run with the D vi -,l P d shall be binding
upon Developer's heirs, successors or assigns.
23. REMEDIES CUMULATIVE. All remedies herein are cumulative and, to the
extent not wholly inconsistent with each ether, may be enforced simultaneously or separately,
at the sole di scretxon of the City.
24. GOVERNING LAW. This Agreement shall be governed by the, Iaws of the State
Of Idaho. The venue for any action arising out of tWs Agreement shall be exclusively in the
District Court of the, 7th Judicial District of the State of Ihdaa, Madzson Count, or in the
United States DIE striet Court for the District of Idaho.
25. $NTIRE AGREEMENT. This writing evidences the final and complete
agreement between the parties and no ager prior statement, representation or understanding
shall be binding upon the parties unless exvressly set forth herein.
DEVELOPMENT AGREEMENT -pg. 10
C
26,- SEVERABILITY. If any provision.of flus Agreementis determ.i.ned to be invalid.
or illegal, the remainder of the Agreement shall not be affected.
274- WAIVER. Waiver by the City of any breach of any term,, covenant or condition
shall not be deemed to be a waiver of that terzn, covenant or condition on any subsequent
breach of it or any ocher term, covenant or condition. Na term., covenant or condition of this
Agreement shall be deemed to have been waived by the City unless the waiver �s in writing by
the City.
28. EFFECTIVE DATE. This Agreement shall become valid and binding only upon
its approval by the City Cowicil of the City and upon its executive bY the Mnvor,
DEVELOPMENT AGREEMENT - pg. I 1
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and
year first above wriften.
ATTEST:
Ci W ty Clerk, Ro
i�i'Bagl
(SEAL)
City Attorney Ste en-Zaijinger
City Engineex, Joe A. Laird
STATE OF IDAHO
s5t
County of Madison
cITY oF R EXBuxG
0
On this,
-:Z3 day of - � .,�-
$ 1. 998, before me, the undersigned, a Notary Public
for Idaho, personally appearedd§ruce Sutherland, known to me to be the Mayor of the City of
0 &
Rexburg, the mumcipal corporation that executedthe foregoing document, and acknowledged
to me that such City executed the fnreffnina ��,�,irne�,f 5inrl q-t-vil --nnvui oA A + +11, 1-M
IN WITNESS HEREOF, I have hereunto set my hand and affixed my offici'al seal
the day and year first above written-,
("SEAL)
DEVELOPMENT AGREEMENT - pg. 12
fOildaho
'Notary �i�
Residing at Rexburg, Idaho
MY Commission Expires:
/- �.�-
a Z>l.LL11
City
executed
the
same..
IN WITNESS HEREOF, I have hereunto set my hand and affixed my offici'al seal
the day and year first above written-,
("SEAL)
DEVELOPMENT AGREEMENT - pg. 12
fOildaho
'Notary �i�
Residing at Rexburg, Idaho
MY Commission Expires:
/- �.�-
Greg Luce, Manger
STATE OF IDAHO )
4
0 sse
County of Madison )
On th�.s day of 5 1998.,, before me, the undersigned, a Notary Public
fax said state., personally appeared Greg Luce, known to, me to be the President/ Authorized
Agent of the corporation that executed this instrument, and acknowledged fQ me that such
corporation, executed the same.
IN WITNESS WHEREOF, I have hereunto set any hand and affixed my official seal
the day and year first above written.
Notary Public
Residing at:
Mir C:anunzssxon, Expires:--
(sEai,)
DEVELOPMENT AGREEMENT - pg. 13