HomeMy WebLinkAboutDEVELOPMENT AGREEMENT - 96-00025 - Donegal Bay Apartments - 5 Buildings 32 UnitsDEVELOPMENT AGREEMENT
AGREEMENT t L thi
IF
jup
id
the CITY OF REXBURG, a municipal corpora "tion, hereinafter called "CITY",
12 North Center, P.O. Box 280, Rexburg, Idaho, 83440-, and DONEGAL
LIMITED PARTNERSHIP, hereinafter called "DEVELOPER," whose mailing
address is P.O. Box 261, Boise, Idaho, 83701:
WITNESSETH:
WHEREAS, Developer is the safe ❑ter;ger, in law or equity, of a certain
tract of hand in the bounty of Madison, State of Idaho, whish land
(hereafter referred to as the Development) is more particularly described in
EXHIBIT 't,A", attached hereto and by this reference made a pari 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 sever and storm drain facilift-ites are
adjacent and accessible to Developers land; and
WHEREAS, Developer 15 responsible for the street and uti��ty
improvements within the Development;
NOW, THEREFORE, ars consideration of the terms and conditions set
forth herein, the Parties agree as follows*0
1.
DEVELOPMENT OFDONEGAL APARTMENTS. TheCity agrees to
provide water and server service to the development, subject to Developerts
acceptance and performance of the terms and condzl.0
lons of this Agreement,,
I
2. IMPROVE144ENT PLANS.
Developer has filed and the City
Engineer has approved a complete set. of Improvement Plans, (hereafter
referred to as the "Improvement Plans") showing all streets, sewer dines,
water lines, storm drains, street signs, traffic control devices, barricades
and other public impravements contemplated within the Development. The
Improvement Plans. also show the proposed location of other public uti�� ties
(telephone, gas and electricity,) and irrigation facilities affected by the
development,, Such Improvement Flans are incorporated herein by reference
as though set Out in full,..
3.
CONSTRUCTION DF PUBLIC 1MPROVEMENTS.
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 Eng neer, 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 Spec-itications") in
effect at the time the construction is accomplished . The Standard
Specifications are incorporated herein by reference as though set out in
full.
4. PERA4ITS.
Developer shall attain all right-of-way, excavation or
other hermits required by loyal 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 IMPROVEVIENTS. Developer agrees that
upon a finding by the City Council, duly entered in the official minutes of
the proceedings of the pity Council, that g portion or portions or the
entirety of such public improvements need to be completed in the interest of
Corrected Improvement Plans shah also specifically show all charses
g between
the original improvement Pians and theblpuIc improvements, as actually
constructed. The Project Engineer shall also certify upon the Co Ct�d
Improvement Plans that such Plans correctly show all publieJmprovements 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 accamplished. The orig-inal linens armY bars of
these "Corrected Improvement Plans" shall became 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 sof the Project Engineer,,
8 . ACCEPTANCE OF DEVELOPMENT..Upon satisfactory completion
of such Public improvements and facilities and Developer's deliverer of
Corrected Improvement Plans, the City will accept the Development . Such
acceptance shall not be valid unless expressly aekr�Qw�edged a.n �v'ritang by
the City Engineer. Except as other wise expressly provided yin the Speci-t
Conditions, upon acceptance of the Development, the City shall assume
ownership and -control of all public facilities within any dedicated street
or public utffi#fir r-ght-of--way within the Development. Acceptance of the
Development shay not be deemed as a waver of Developer's failure to fully
and completely perform the berms and conditions hereof or as a waiver or
release of the warranty set forth below,
9-o WA.RRANTY., 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 shad
extend for a period of one (1)
the City,
year after acceDtance
��Y�10�1�e�� b�
provided noing herei
tn shall limit the time within which the CletV
may bring an action against Dev op 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.
mater 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 wi�1 pay far the appropriate Ioa�up fey for the size of
water or sewer hookup desired, If excavation is required w-Ithin any public
right of way, an Excavating Permit will also be required.
The Developer's wader service Zine installer will purchase the
necessary water miter materials as specified by the City 'dater 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. STORM DRAIN CONNECTIONS.
the Developer will connect his
on-site storm drain facilities to the City --installed storm drain adjacent to
the Development .
Developer will provide access and control to the discharge control
device to the City, Developer may be given authority to Jointly control
discharge, said authority to be at the Cry's di scretion.
where there is a possibility that gasoline or diesel spills could het
into the storm drain system, the Developer will be responsible for
installing water/petroleum products separating systems that will, to the
y
extend for a period of one (1)
the City,
year after acceDtance
��Y�10�1�e�� b�
provided noing herei
tn shall limit the time within which the CletV
may bring an action against Dev op 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.
mater 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 wi�1 pay far the appropriate Ioa�up fey for the size of
water or sewer hookup desired, If excavation is required w-Ithin any public
right of way, an Excavating Permit will also be required.
The Developer's wader service Zine installer will purchase the
necessary water miter materials as specified by the City 'dater 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. STORM DRAIN CONNECTIONS.
the Developer will connect his
on-site storm drain facilities to the City --installed storm drain adjacent to
the Development .
Developer will provide access and control to the discharge control
device to the City, Developer may be given authority to Jointly control
discharge, said authority to be at the Cry's di scretion.
where there is a possibility that gasoline or diesel spills could het
into the storm drain system, the Developer will be responsible for
installing water/petroleum products separating systems that will, to the
greatest extent possible, keep 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 sale responsibility and
liability. Any damage or injuries resulting through such discharge from
Developer's property shah be paid dor by Developer,
12. STREET IMPROVEMENTS.
for installing the cur -0
b and gutter,
The Developer is normally responsible
sidewalk and a 1/2 street width of
asphalt paving, (3 1/2" depth of plantmix, 6" depth of 3/4" Aggregate Basi
and 20!' depth granular of granular sub base material). At this specific
location, Developer will only be required to
wren
the street
paving
approximately 10 feed with the back of euro
to be
located at
30 feet from
the street centeri�ne .
13..
FAILURE TO
PAY FEES.
In the event Developer
fails or
refuses
of the water main,
to pay
any of the fomes,
charges or
casks set forth herein,
the City-
may
de -annex any property owned by Developer within the Development or
declare the entire unpaid balance immediately clue and parable and collect
such sums in the manner provided by law, or may pursue any other remedy
sit forth
herein or as may be available at law or in equity.
AIS such remedies shall
he 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 Stade of Idaho.
14.
PARTI+CIPATION
13Y
CITY. The parties
agree that those
portions
of the water main,
the
sanitary sewer dine,
storm drains and street
section work thereafter collectively referred to as the "Shared. Work"), the
cosi of which the pity has expressly agreed to pay pursuant to the Special
Conditions, including any wader or sewer line or storm dine 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 i
in order to
accommodate future expansion and development. In recogniti"on of the cost
savings which can be accomplished by construction of such excess capacity
and i-mprovements 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 Tater
time, Developer agrees to design and construct such facilities subject to
the City's agreement to reimburse Developer dor a portion of such casts, 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
independent bona fide bids for the performance of suchwork from qualified
and responsible contractors. such. bids shall be solicited and itemised in a
manner which allows dear and specific identification of that portion of the
construction work for which the City �s responsible. The City shall have no
obligation to pair 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
(3D) days from acceptance of the development by the City'
and delivery of
an itemized statement to the pity setting forth in, detail the total amount
of the costs for whish the City is responsible ,
(THE CITY IS NOT PARTICIPATING IN ANY SHARED WORK IN THIS
DEVELOPMENT.)
Y5. 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.
(THERE ARE NO
SPECIAL CONDITIONS
TO
THIS AGREEMENT.)
16. OCCUPANCY.
No building within
the
Development shall be used
or occupied for any purpose other than dor the construction of such building
or structure, unless all public improvements within the Developrnent have
been completed and accepted by the pity Eng-ineer. The City may withhold
Certificates of Oceupancy until all such work has been completed.
17 .
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 awned by Developer
and located within the Development, until such default is fully corrected .
18. NOTICES.
Any notice required by this Agreement shall he
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 ma.�, return receipt requested, hostage prepaid
and addressed as sed Earth above and shall be deemed receive upon its
deposit in the United States mail in such manner.
19. 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 Counter Recorder's
office 0
2q, IRRIGATION DISTRICT
RELEASE, Prior to
the final
approval of
the Development, Developer shall
obtain a certifieatian
from any
irrigation
district, canal company, ditch association or oilier similar wader delivery
entity who provides or delivers water to any propertv located within the
r.
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 Ivens and assessments of such wader delivery entity have been
released. dr, the certificate shall sate that all irrigation facilities
that have been disturbed or altered by the Development have been repaired
or 'reconstructed to the satisfaction of the irrigation wader user and/or the
irrigation entity awning or operating said irrigation facilities, Developer
will be responsible for maintenance an any modifications to the irrigation
system unless otherwise specified in writing; .
21. 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 shad prevail over any contrary provision of the Standard
Specifications. In the evert of any conflict between the terms of this
Agreement and the Improvement Plans', the terms of this Agreement shall
prevail.
22. COVENANTS APPURTENANT TO THE LAND. All covenants and
conditions set north herein shall be appurtenant to and run with the
Development and shall be binding upon Developer's heirs, successors or
signs
23. REMEDIES CUMULATIVE., All remedies herein ,ars cumulative
and, to the extent not wholly inconsistent with each ocher, may be enforced
simultaneously or separately, at the safe discretisimultaneouslyon of the City,
24. GOVERNING LAW.
haws of the Stage of Idaho .
This Agreement. shall be governed by the
The venue f or any action arising out of thi's
agreement shall be exclusively in the District Court of the 7th Judicial
District of the State of Idaho, Madison County, or in the United Stites
District court for the District of Idaho,
25. 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.
26. SEVERABILITY.
If any
provision of this
Agreement is
deter -mined to be invalid or
illegal,
the remainder of
the Agreement shall
not be affected .
27. WAIVER. Waiver by the City of any breach of any term,
covenant or condition shah not be deemed to be a waiver of that term
covenant or condition an any subsequent breach of it or any other teem
covenant or conditzpn . No term, covenant or condition of this agreement
shad be deemed to have been waived by the Cater unless the waiver is �n
writing by the City.
28. EFFECTIVE DATE. This Agreement shall be -come 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.
0
ATTES
✓��� IIIrIII
y
City ClerRose" Bagley
(SEAL)
APPROVED AS TO FORM:
e
City
ttorney, Ste
C it�r En�ine-er, Joe W77.
STATE OF IDAHO
County of Madison
allinger
. 4
CITY OF
By: �.
+J�
Mayor ,
DONEGAL
By Links
reg Luc
EXBURG
Nile L. BoWe
j-V
PARTNERSHIP
s, its General Partner
PEM
0n this�,/ dayof4:Z- .�� 199s, before me, the undersi�ned, a
Notary Public for �da�o, pe rally appeased Nile L. Bayle, known tv me to
be the Mayer 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'.
F_ f }5
r
Notary Public
Residing at Rexburg,I.
My Commission Expires:
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