HomeMy Public PortalAboutSubdiv agreementEDWARD G. BURTON, Esq.
City Attorney and
City Prosecutor
CITY of McCALL
DEPARTMENT OF LAW
POST OFFICE BOX 1065
McCALL, IDAHO 83638-1065
September 8, 1992
Mr. Judd DeBoer, President
Brown's Industries, Inc.
P. O. Box 1007
McCall, ID 83638
Re: Payette Lakes Commercial Center
Dear Judd:
208-634-7142 (voice)
208-634-3038 (fax)
Attached find your copy of the fully executed
Subdivision Agreement. My apologies for not having
delivered this to you sooner, but my trip with Scouts to
Tennessee and the summer crush of criminal matters awaiting
me when I returned, fairly well derailed me.
This letter will evidence that your delivery of several
letters of credit, rather than one, is accepted as
performance of your obligation to secure performance in turn
of the subdivision agreement. Each will be administered
with respect to the improvement(s) secured by it in like
fashion as the contemplated collateral would have been
administered for the whole project.
We are content with the status of title and collateral
for this plat.
Very truly yours,
Edward G. Burton
City Attorney and Prosecutor
SUBDIVISION AGREEMENT
This Agreement is made June 8, 1992, by and between the
City of McCall, an Idaho municipal corporation, called
"McCall" in the rest of this Agreement, and Brown's
Industries, Inc., an Idaho corporation, called "Developer"
in the rest of this Agreement, pursuant to the power of
McCall to approve with or without conditions, or disapprove,
subdivision plats; the power of McCall to regulate and
control its water and sewer utilities; and the mutual desire
of the parties to record their understandings.
Judd DeBoer executes this Agreement on behalf of the
Developer. It is understood that the Developer is a
corporation, and that the person who executes this Agreement
on behalf of the corporation does so in the capacity of
President. Judd DeBoer warrants that he has the authority
to execute this Agreement on behalf of the Developer. The
parties to this Agreement shall accept notices at the
following addresses and telephone numbers:
Developer
Mr. Judd DeBoer, President
Brown's Industries, Inc.
P. 0. Box 1007
McCall, ID 83638
McCall
City of McCall
Attn. City Administrator
P. O. Box 1065
McCall, ID 83638
The real property which is the subject of this
Agreement, called "Property" in the rest of this Agreement,
is located in the City of McCall (and Valley County) and is
described as:
Lots 1 through 32, inclusive,
Payette Lakes Commercial Center
The Property is so described on the preliminary plat, and
this description may be subject to change after the
recording of the Final Plat. A copy of the preliminary plat
is attached to this Agreement as Exhibit "A."
The Developer seeks McCall's approval of the Final Plat
for the subdivision pursuant to the McCall City Code. In
consideration of McCall's approval of a Final Plat for the
subdivision, and its agreement to extend water and sewer
service, the Developer agrees to construct and install the
improvements described in Article IV of this Agreement in
accordance with all the terms, covenants and conditions of
this Agreement.
SUBDIVISION AGREEMENT page 1
PAYETTE LWS COMMERCIAL CENTER June 8, 1992
Al?TICLE I
SUMMARY OF REOUIREMENTS
1.01 Improvement Types Required.
The Developer shall construct and install the following
improvements (check those applicable; cross out those
inapplicable):
X Street; sidcwalk; curb and
guttcr; _X_ storm drain; _X_ drainage;
walkway; _X_ sanitary sewer; _X_ water
system; X telephone; X electrical;
X monumentation; X street lighting;
X traffic control devices; X street signs;
X landscaping; and X snow storage
1.02 Improvement Costs Anticipated
The Developer estimates the cost of these improvements
to be made by Developer to be $282,000.
In the event that either party believes that the
construction cost of improvements not yet accepted is
appreciably more or appreciably less than the figure in the
immediately proceeding paragraph, they shall meet, discuss
the matter, and agree upon a revised figure for work not yet
accepted; and record their understanding below; the revised
figure set out below shall then become the applicable figure
for bonding or letter of credit:
Revised Estimates of Cost of A11 Improvements
Estimate: Date:
In the event there is a disagreement which is not resolved
by the parties, the matter shall be arbitrated under the
Construction Industry Arbitration Rules of the American
Arbitration Association.
SUBDIVISION AGREEMENT
PAYETTE LANES COMMERCIAL CENTER
page 2
June 8, 1992
ARTICLE II
SECURITY FOR PERFORMANCE OF REOUIREMENTS
2.01 Security Required
The Developer shall provide to McCall one of the
following to secure performance of the obligations of
Developer under this Agreement, in an amount not less than
that set out in Section 1.02 above: a performance bond with
corporate sureties; or an irrevocable letter of credit from
a national bank conducting business in the Fourth Judicial
District of Idaho, and having a net worth not less than 100
times the amount set out in Section 1.02; such bond or
letter to be acceptable to the City Attorney as to form and
substance. The amount may be increased or reduced from time
to time as provided in Section 1.02.
2.02 When Required
Developer shall provide such security to McCall prior
to the recording of the Final Plat, and prior to the grant
or lease of any interest in any lot in the subdivision other
than for than construction money financing.
ARTICLE III
LAND USE CONTROL REOUIREMENTS
3.01 Covenants and Other Documentation Required
The Developer shall deliver to the City Administrator
the executed Final Plat in correct form for recording; with
a note on the face of the Final Plat that the lands within
it are subject to the Covenants, Conditions and
Restrictions; the fully executed Covenants, Conditions and
Restrictions in the form submitted to and approved by the
Council, or in such form as is agreed with the City Attorney
based upon direction furnished by the Council upon the
occasion of the approval of the Final Plat; an executed
Notice of [this] Subdivision Agreement; security as provided
above; and a check in an amount adequate to pay the costs of
recording by a Title Company of the Final Plat, the
Covenants, and the Notice.
3.02 Certificate to Plat
The Developer shall provide with the Final Plat a
certificate of a title company licensed to do business in
and maintaining an office in Valley County, setting out the
identity of all persons owning an interest in the lands
within the Plat, other than the owner of a severed mineral
estate; and all such persons must have executed the Plat.
SUBDIVISION AGREEMENT
PAYETTE LS COMMERCIAL CENTER
ti
page 3
June 8, 1992
ARTICLE IV
IMPROVEMENT REOUIREMENTS
4.01 Improvements Required
The Developer shall design, construct, and install the
improvements specified above. The Developer shall bear the
cost of all the improvements, and is entitled to
reimbursement for the same only if and to the extent so
stated in this Article. It is agreed that this development
is governed by Standard "D" within the Subdivision
Regulations, except as otherwise provided below.
4.02
Street, Alleyway, Monumentation, Traffic Control,
Street Lighting, Street Name Signing, and Drainage
Improvements
A. Street improvements (Commerce Street and alleys
shown on the plat) shall be provided in accord
with Title 3 of the McCall City Code and the
"Construction Specifications and Standards for
Roads and Streets in Valley County, Idaho"
applicable to streets to be paved with asphalt.
Streets and alleys may be left constructed without
paving for one year, to permit settling of the
roadbed, but must be paved during the second
summer.
The estimated cost of street and alley
improvements, for which the Developer is not
entitled to reimbursement, is $55,900.
B. Drainage improvements shall be provided in accord
with Title 3 of the McCall City Code and the
"Construction Specifications and Standards for
Roads and Streets in Valley County, Idaho" for
paved roads; an adequate storm drainage system,
which may include necessary storm drainage
facilities, is required. The system shall
accommodate lateral and upstream contribution, as
well as subsurface drainage exposed during
construction, and an approved drainage outfall
shall be provided.
The cost of the drainage system, for which the
Developer is not entitled to reimbursement, is
included in the above street budget.
C. Traffic control devices shall be installed in
accord with Title 3 of the McCall City Code and
the uniform state standards as follows: stop signs
on Commerce Street at its intersections with
Deinhard Lane and with Jacob Street, and on each
alleyway at its intersection with a street. The
cost of these improvements, for which the
SUBDIVISION AGREEMENT
page 4
PAYETTE LS COMMERCIAL CENTER June 8, 1992
Developer is not entitled to reimbursement, is
estimated to be $375.
D. Street lighting shall be provided in accord with
Title 3 of the McCall City Code and applicable
state standards at the intersection of streets and
alleys with Deinhard Lane and with Jacob Street;
design shall be submitted for approval. The cost
of these improvements, for which the Developer is
not entitled to reimbursement, is included in the
street budget.
E. Monumentation shall be provided in accord with
Title 3 of the McCall City Code and Idaho Code 50-
1303. The cost of these improvements, for which
the Developer is not entitled to reimbursement, is
estimated to be $4,000.
F. Street name signs shall be provided in accord with
Title 3 of the McCall City Code and Valley County
standards at all intersections. The cost of these
improvements, for which the Developer is not
entitled to reimbursement, is estimated to be
$375.
4.03 Sanitary Sewer Improvements
A. McCall agrees at its expense to secure a final
design for the airport basin sewer services. This
design will be of sufficient detail that the grade
is set and identified for a gravity -flow sewer
line along Jacob St. flowing westerly to the
planned lift station on the airport.
B. The Developer agrees to install a gravity line to
its planned private lift station which can be
converted to a gravity service line connecting to
the proposed City line in Jacob Street. The
Developer will install a gravity line to his lift
station, and a pressure line from the lift station
back to the Deinhard Lane line. The cost of these
improvements, for which the Developer is not
entitled to reimbursement, is estimated to be
$121,500. When the Jacob St. gravity line is
installed in the future, the private lift station
will be removed at Developer's expense, the
pressure line abandoned and capped at Developer's
expense, and the gravity line connected to the
Jacob St. line at City expense, provided the
design of the pump station was approved by the
City. The service from that time forward will be
gravity service and at that time, the lines within
the subdivision will be accepted by McCall for
permanent maintenance.
SUBDIVISION AGREEMENT
PAYETTE L S COMMERCIAL CENTER
page 5
June 8, 1992
C. This arrangement will meet the Developer's need to
proceed with development and McCall's long term
needs for a coordinated and integrated sewer
service for the Airport basin.
D. McCall and Developer agree to assist one another
in any way possible to secure grant funding,
particularly an ICDBG, Economic Development Grant,
the availability of which is related to the
creation of jobs, for all or part of the Airport
Basin Sewer System.
E. It is expected by both parties that the line in
Jacob Street will be an interceptor line and that
such line will be constructed by McCall, at City
or other developers' expense (i.e. that this
subdivision will have no obligation for
construction of that line).
4.04 Water System Improvements
A. The Developer agrees to install water mains to
sizes approved by McCall, North -South through the
development from Deinhard Lane to Jacob St., then
West along Jacob St. to the centerline of Highway
55 at the Jacob St. intersection. This line will
be installed solely at the Developer's expense,
except as the cost may be shared among benefited
parties; McCall assumes no obligation to identify
or secure cooperation from other benefited
parties. The cost of these improvements, for
which the Developer is not entitled to
reimbursement, is estimated to be $71,500.
B. McCall agrees to install a water line, at City
expense, from the centerline of Highway 55 at
Jacob St., where the Developer's line ends,
westerly to connect to the Airport water line,
installed in 1991. McCall will secure easements
for this section of the line.
C. McCall and Developer agree to coordinate this work
in every way to ensure the most economical
installation for both parties.
D. McCall will be the applicant for the right to
cross the State Highway, since the acquired
rights will ultimately belong to McCall.
4.05 Electrical Facilities
A. The Developer shall execute an agreement with
Idaho Power Company, which shall provide in
SUBDIVISION AGREEMENT page 6
PAYETTE T'S COMMERCIAL CENTER
June 8, 1992
pertinent part for installation and acceptance of
an underground electrical system to serve all
lots, parcels and tracts which are a part of this
subdivision. The cost of these improvements, for
which the Developer is not entitled to reimburse-
ment, is estimated to be $32,000.
4.06 Telephone Facilities
A. The Developer shall execute an agreement with GTE,
which shall provide in pertinent part for
installation and acceptance of an underground
telephone system to serve all lots, parcels and
tracts which are a part of this subdivision. The
cost of these improvements, for which the
Developer is not entitled to reimbursement, is
estimated to be at the expense of GTE.
4.07 Attachments
The following documents whether or not physically
attached to this Agreement, are integral parts of this
Agreement:
Preliminary Plat (for land identification purposes), as
Exhibit "A"
Final Plat, as Exhibit "B"
Covenants, Conditions and Restrictions, as Exhibit "C"
Bond or Letter of Credit, as Exhibit "D"
4.08 Acceptance and Exoneration of Bond
A. Developer shall submit a written request for
acceptance to the City Administrator when
Developer concludes that construction of the above
improvements is complete and ready for acceptance.
Improvements other than streets may be submitted
separately from streets. Improvements done under
contract with Idaho Power or GTE are subject to
approval by them, and their approval shall be
submitted to the City Administrator with the
request for acceptance.
B. Street subgrade shall be not deemed ready for
acceptance until it has, at finish grade, gone
through a winter and a spring thaw.
C. Base course and paving shall likewise not be
deemed ready for acceptance until they have gone
through a winter and a spring thaw.
SUBDIVISION AGREEMENT page 7
PAYETTE LAKES COMMERCIAL CENTER
June 8, 1992
D. Acceptance shall be evidenced by a certificate of
acceptance executed by the City Administrator,
approved on the consent calendar by the City
Council, and delivered to Developer.
E. During the two years following acceptance,
Developer will warrant the road surface against
settlement, bird baths, cracking, and other
subgrade/base course problems.
F. From and after the date of acceptance, maintenance
and repair of streets, snow removal, street
lighting, traffic control devices, drainage within
rights of way, and street signs, becomes the
obligation of McCall. Electricity for street
lights will be paid for by McCall from and after
acceptance.
4.09 Default and Right of Entry
In the event that Developer fails and refuses to
complete any improvements required under this Agreement, or
in the event that such improvements are not completed by
September 1, 1995, then McCall may resort to the security,
enter on the property, and make such improvements employing
the bond or credit funds.
Dated: June 8, 1992
Attest
/
Arthur/ J. Schmidt,
Cler
City of McCall
by:
Laurance A. Smith, Jr
Mayor
Brown's Industries, Inc.
by:
Judd , eBoer
Pres dent
SUBDIVISION AGREEMENT
PAYETTE L./S COMMERCIAL CENTER
page 8
June 8, 1992