HomeMy WebLinkAboutDEVELOPMENT AGREEMENT - 96-00030 - Assisted Living Center - New BuildingDEVELOPMENT AGREEMENT
AGREEMENT, made this day of
1896 by and
between
the CITY
OF REXBURG,
a municipal corporation,
-hereinafter,
called "CITY",
12 North
Centers P.O.
Box 280, Rexburg, Idaho,
83440, and
ASSISTED
LIVING CONCEPTS, INC., hereinafter called "DEVELOPER," whose mailing
address is 9955 S.E. Washington,
(Attn: Mr. Bill Lynch),.9
Suite 201, Portland, Oregon, 97216
WITNESSETH:
WHEREAS, developer is the sole owner, in law or equity, of a certain
tract of lard in the County of Madison, Stade of Idaho, which land
thereafter referred to as the Development) is more particularly described in
EXHIBIT '{A,", attached hereto and by this reference made a past hereof;
WHEREAS, Developer has requested the Development be approved by
the City and has or will submit improvement Plans for the Development
descried in the caption of the Agreement-, and
WHEREAS, City water, sanitary sewer and stares drain facilities are
adjacent and accessible to Developers land; and
WHEREAS, Developer is responsible for the street and utility
improvements within the Development;
NOW., THEREFORE, in consideration of the terms and conditions sed
forth herein, the parties agree as follows:
1 61 DEVELOPMENT OF ASSISTED LIVING CENTER. The City agrees
to provide water and sewer service to the Development, subject to
0
0
Developer's acceptance and performance of the terms and conditions of this
2.. IMPROVEMENT PLANS. Developer has filed and the City
engineer has approved a complete set of Improvement Pans , (hereafter
referred to
as the
"Improvement
Plans"')
wader Hnes,
storm
draa*ns, street
sins ,
shaving all streets, sever lines,
traffic control devices, barricades
and other public improvements contemplated within the Development. The
improvement Plans also show the proposed location of ether 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 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 Citi- Standard Engineering Drawings and
Specifications (hereafter referred to as the "Standard Specifications") in
effect at the time the construction is accomplished'M Tie Standard
Specifications are incorpQrated herein by reference as though sed 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
ti
the proceedings of the City Council, that a portion or portions or the
en irely OP sue pu��ic improvements 'need to be completed in the interest of
�U��� LF �eveloper
61" satety,11 )orthwith construct
such public improvements,, If Developer does not commence construction of
such public improvements, withdn a reasonable time after such findingis made
or i.f 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 ( 1 0 ) days advance written notice of
the date and place of the meeting and Developer has been given an
N
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. TNSPECTIQN.. Developer Will -retain a professional engineer
(hereafter referred to as the "Project Engineer") licensed Within the State
of Idaho tQ 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 PLAINS . 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 shad 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 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 cor�struction was accomplished. The original linens or mylars of
these "Corrected Improvement Plans" shad 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 other wise expressly provided in the Special
Conditions., upon acceptance of the Development, the City shall assume
ownership and contras 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 be}.ow.
9. WARRANTY, Developer warrants that the materials and
workmanship employed in the construction of all public improvements within
the Development shall he good and sound and shall conform to generally
accepted standards within the construction industry. Such warranty shad
extend for a period of one (1) year after acceptance of the Development by
the City, provided nothing herein shall hmit the time within which the Cl'pty
may bring an action ag�znst Developer on account of Develo S failures to
construct such improvements in accordance with this Agreement., the
Improvement Pians or the Standard Specifications .
10. WATER & SEWER HOOKUP FEES 8 MONTHLY UTILITY RATES.
Water and sewer hookup fees and monthly utility rates are shown on the
attached EIGURE_ 1_6 Such rates are subject to updating from time to
tzme . Developer will pay for the appropriate hookup fee for the size of
water or, sewer hookup desired. If excavation �s required
right of way, an Excavation Permit will also be required.,
within any public
The Developer's water service Zine installer will purchase the
necessary water meter materials as specified by the City Water Department,
for use in the waterice
bion
The Developer or his plumber will be responsible for acquiring the
required plumbing permits and for all costs associated with the installation
of the wafer service connection.
11. FRONT FOOT WATER CHARGE.
The subject properly has. X20.7
lineal fejt of frontage along the water line that the City has installed
slang 3rd Vilest Street. The Developer shad reimburse the City for his share
of the installation casts of said utility as follows.
i
Franc Food Waterline Charge,,
X10.00/lineal foot x 420,,7 lin.
ft. _ $4207.00
12 STORM DRAIN CONNECTIONS.
The Developer will connect has
an -site storm drain facilities to the Cityw&installed storm drain adjacent to
the Development .
Where there is a possibility that gasoline or diesel spills could get
into the storm drain system, the Developer will be responsible for
installing water/petroleum products separating systems that will, to the
greatest extent possible, deep petroleum products from entering the storm
drain system .
Any discharge of gasoline, diesel or other petroleum products into the
storm drain system shah be the Developer's sale responsibility and
liability. Any damage or injuries resulting through such discharge from
Developer's property shall be paid for by Developer.
13.
STREET
IMPROVEMENTS. The Developer is responsible
for
fails or
installing
the curb
and gutter, sidewalk and a 1/2 street width of
asphalt
paving, (3 1/2" depth of plantmix, 6"' depth of 3/411 Aggregate Base and 20"
depth granular of granular pub base material) along the easy side of 3rd
West street frau 5th South Street to the southerly property line of the
subject Development. The Developer shall also be responsible for installing
the Granular Borrow an the fest side of 3rd West Street as shown on the
Improvement Plans .
14..
FAILURE TO
PAY FEES.
In the event Developer
fails or
refuses
to pay
any of the Fees,
charges or
casts 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 pursues 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 fir Judgments. entered in the Stale of Idaho.
15. PARTICIPATION BY CITY. The parties agree that those
Portions of the water maian, the sanitary sewer line, storm trains and street
section work (hereafter collectively referred to as the "hared Work"),
the
cast of which the pity has expressly agreed to pay pursuant to the Special
conditions, including any water or sewer line or storm line extensions,
increased line sire or capacity and road width or thickness, are required
because of future service meds 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 recQgnit�.Dn of the cost
It
savings which can be accomplished by construction of such excess capacity
and improvements concurrently w�th 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,
as sed forth in the Special Conditions.
Prior to the commencement of the
Shared Work, Developer shall obtain and deliver to the City three
all
1P
independent bona fide bids for the performance of such work from qualified
and responsible contractDrs . Such bids shall be solicited and itemized in a
manner which allows dear and specific 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 work unless
prior to the commencement of the work the parties have expressly agreed in
61
writing to a. specc amount for which the City will reimburse the
Developer. Payment of such costs by the City shad be due within thirty
(3D) 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 wl-iLich
the City is
responsible.
(THE CITY IS NOT PARTICIPATING IN ANY SHARED WORK TN THIS
DEVELOPMENT. )
16. SPECIAL CONDITIONS. In recognition of the unique
circumstances relative to this Development the parties agree to the Special
Condit*ans attached hereto and by this reference mads a part hereof .
(THERE ARE NO SPECIAL CONDITIONS TO THIS AGREEMENT.)
17. 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
Cert cates of occupancy until all such work has been completed.
18.-
DEFAULT.
In the event
Developer fails to
comply
with
the
the address
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.
19.
NOTICES. Any notice
required by
this Agreement
shall be
mailed to
the receiving party at
the address
sit forth above
or such veer
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 yet forth above and shall be deemed received upon its
deposit in the United States maid in such manner.,
F
20. RECORDING FEES.
friar to the approval of the Development by
the City Engineer, Developer shall pair to the City all retarding fees
necessary to retard phis Agreement with the Madison County Recorder's
office .
21 . 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 praper�y located wi�h��. the
Development or who provides water through a facility passing through the
Development, The certification shall state that the water sights for all
property within the Development have been transferred from. the property
and that all liens and assessments of such vaster delivery entity have been
released. Or, the certificate shah state that allirr�gation facilities
that shave 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 awning or operating said irrigation facilities. Developer
will be responsible for maintenance on any modifications to the irrip-al ion
system unless otherwise specified in. writ -Ing.
22. 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 evert of any conflict between the berms of this
Agreement and the Improvement Plans,, the terms of this Agreement shad
prevail .
23. COVENANTS APPURTENANT TO THE LAND. All covenants and
conditions set forth herein shad be appurtenant to and run with the
I
I
I
Development and shall be binding upon Developer's heirs, successors or
assigns .
24,. REME-DIES 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.
25s, GOVERNING LAN'. This Agreement shall be governed by the
haws of the Stade of Idaho. The venue for any action arising out of this
Agreement shall be exclusively in the District court of the 7#h Judicial
District of the State of Idaho, Madison County, or in the United States
District Court for the District of Idaho.
26. 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.
27. SEVERABILITY. If any provision of this Agreement is
determined to be invalid or illegal, the remainder of the Agreement shall
not be affected,
28. WAIVER . Waiver by the C'I
ty of any breach of any term,
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 ether term
covenant or condition. No term, covenant or condition of this agreement
shall be deemed to have been waved by the City unless the waiver i -s in
writing by the City.
29. 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,
a
IN WITNESS WHEREOF, the parties have hereunto set their hands
and seas the day and year first above written.
ATTEST:
C0
tyr Clerk,
(SEAL)
APPRO-VED AS TO FORMIQ
City Attorney, 3Sjteph
C itsr'rng,ZnM,er,�JQe
STATE OF IDAHO
County of Madison
Ballinger
CITY OF
By:
P
r
Mayor., Nile L .
assisted Diving Concepts , Inc.
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On this day of,. � �, 1996, before me, the und-ersig ned, 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 same.
TN WITNESS WHEREOF, I have hereunto sed my hand and affixed my
officfal seal the day and year first above written,
Notary Pub4Vfor" aha
Residing at Rexburg, Idaho
My Commission Empires:
0
f
STATE OF
County of Ma4isaif
: SS4
07
On this �3�" day be fore me, the undersigned, a
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Notary Public for saidStade,-n.;J-3 -1; personally appeared --*Ij
:�� h,P �'�.r���.,v
known to me to be the PresidentjAuthor�zed Agent of the corpora'tion that
executed this instrument, and acknowledged to me that such corporation
executed the same.,
IN WITNESS WHEREOF, I have he eunto set my had and affixed my
oMcial seal the day and year in this erfirst Above written.
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CITY CF REXBURG
UTILITY RATE LISTING
of ff10-01-P5
E"r
WATER & SEWER water last increased: October 1993
sewer last increase
�r .�� +�� � _ �s �_ _ �i � '� � tE � � rte. ._�. �� � �r � �� ���_ � i - � r�� � � �� •rte � �e �. ter. ,aif� � � �r +ys arr #
3A S E RATE, S WATER �IN CITY- SEWER
+ras � �� _ �� wt� +� �+• �4 � r.r� +ter. _ +'+ ice. _ �� � �� � ��. �i � � r� � � .�{ +�rF _
OF
-S E C_'rLTY----
WATER
0 7!5) inch 7. 40 5 00
1 0 0 inch 18-48 12 50 62 6 4 8
1.25 inch25. 90 17 5 0 24 02 16 . 23
a 48.10 32 .
1 5 0 -ionch 3 3 6 7' .2`2 . 7 3
2 00 1" 33 v30 2 2 5 0 43-29 2919 43
4.50 62 *53 4 2 - 2.3
& 0 0 inch 83-80 60-00 44 78.00
600 *nch .16.76 0 120.00 ' - ".
8.00 inch 230-88 16.00
266. 40 180-00 346-32 234.00
OVERAGE RATES (>6000) *35A (>O) lo73
*.W -Over 1 million gai -b 290A MOO, 1. 73 0.3887 2 . 2 _5)t
HOCKUP FEES
0 . 75 inch (.no-"- including ma trED.2- i a-1, �36100000 N/A 900-00
1*00 inch 1000400
N/A 1 13 00. 0 0 N/A
.50 inch 2000*00 NIA 3000 00 N/A
* 0 0 inch 3900.00
4* 00 Inch negotiate 000 negatiate- 975.00
6.00 inch negotiate 1300-00 negotiate1950-00
8.00 n c h negotiate 1950 00 n e g 0 t i a t;,:.a. 2925oOU
GARBAGE
last increased: Octobe].r.7 199 Q
GALLONS MONTHLY PER PICKUF
90
.ALN ROLL-OUT CONTAINER 0
0
----BI-WEEKLY PICKUP
Tli i.9F � �. i..ri �If 7®. � � � ii ii�i � ,�•!!, +i �f �Ils ii i_Y �! ! �f ■AE � ---MONTHLY
rr1}- -
YARDS
1. 5
2
1
GALLONS
2 0 2
PER PICKUP
57.84
6.23
8 6.7
1
24.92
68
144.60
2
49.8
4
3
74.76
16
4.
4
9
9.
6 8
5
124.60
6
149.52
BOXES HANDLING OF GARBAGE 73.560/HR1-.226/MliN
1. 5
2
303
7.23
28.92
8.
57.84
32.92
8 6.7
6
115.
68
144.60
98.76
173.52
BOXES HANDLING OF GARBAGE 73.560/HR1-.226/MliN
2
41.04
10.
8.
2 3
32.92
92
6
5.
8 4
98.76
131.68
68
16
4.
6 0
197.52
*
52
BOXES HANDLING OF GARBAGE 73.560/HR1-.226/MliN
3
606
10.
23
40.
92
81.84
122.76
163.
68
204.60
245
*
52