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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