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HomeMy WebLinkAboutBlack Canyon Middle Development AgreementIONA BONNEVILLE SEWER DISTRICT DEVELOPMENT AGREEMENT AND WARRANTY BLACK CANYON MIDDLE SCHOOL This AGREEMENT, made this j_~ay of April, 2019, by and between the IONA BONNEVILLE SEWER DISTRICT, hereinafter called "IBSD," 3395 E. Leihm Lane, Idaho Falls, Idaho 8340 I, and Bonneville Joint School District 93 , 3497 N. Ammon Road, Idaho Falls, Idaho 83401 , hereinafter called "DEVELOPER. WITNESSETH: WHEREAS, Developer is the sole owner, in law or equity, of a certain tract of land in the County of Bonneville, State ofldaho, hereinafter called "middle school," named Black Canyon Middle School and more particularly described as: Legal Description: A parcel of land being part of the South 112 of Section 13 , Township 2 North, Range 38 East, Boise Meridian and also a part of Ridge View Division No. 2, Bonneville County, Idaho recorded as Instrument No. 1532218 described as follows; Commencing at the South East 1/16 Corner as shown on said Ridge View Division No. 2 and running S89°56'42"W, 519.39 along the south l/16th line; to the TRUE POINT OF BEGINNING, thence S00°57'54"W, 715.59 feet; thence N89°01 '23"W, 933.24 feet; thence NOl 0 40'05"E, 254.39 feet; thence Nl4°17'12"E, 458.69 feet to a point on the south I/16th line; thence along said south line N89°56'42"E, 824.56 feet to the True Point of Beginning. Parcel Contains 14.57 Acres WHEREAS, Developer desires to develop the middle school within the boundaries of the IBSD and has submitted a plat bearing the subdivision name described in the caption of this Agreement; and WHEREAS, IBSD is willing to provide sewage collection and treatment services to the middle school; and WHEREAS, the IBSD engineer has recommended such development of the middle school within the IBSD boundaries, subject to certain requirements and obligations on the part of the Developer; and NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 1. Developer shall timely pay or deposit with IBSD, funds necessary to cover all plan check fees and other fees as assessed by IBSD and associated with the development of the middle school. In the event the Developer fails or refuses to pay any of the fees , charges or costs set forth herein, IBSD may de-annex the entire development, middle school or any property owned by the Developer, or declare the entire unpaid balance immediately due and payable and collect such sums Development Agreement-Bonneville County Joint School District 93 Middle School Page I of6 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 IBSD may pursue the same separately or simultaneously as it deems necessary or appropriate. ln the event of such acceleration, all sums due shall bear interest at the rate established by law for judgments entered in the State of Idaho. 2. All construction and installation of sewer lines on the subject property, including any and all infrastructure items addressed herein previously constructed, will be pursuant to the standards, requirements and specifications of IBSD, the City of Idaho Falls, hereinafter the "City," and all applicable engineering standards. Proposed construction plans shall be submitted to IBSD prior to construction and modifications to approved construction plans shall be resubmitted for review and approval. 3. At certain times during the course of construction of the sewer lines, as determined by IBSD, Developer will give notice to IBSD, regarding the progress of construction. Developer will provide said notice at least once per month while construction is ongoing, and upon request by IBSD. Connections to the mainline require inspection by an approved, authorized inspector of IBSD with forty-eight ( 48) hour notification. 4. Easements shall be provided and kept free from any structure or obstruction, which will interfere with IBSD operating, repairing and maintaining such sewerage improvements and appurtenances. 5. Developer shall obtain all right-of-way, excavation or other permits required by local ordinance and comply with all requirements therein with respect to the timely performance of the work governed by such permits. 6. It is recognized by the Developer that waste and discharge from the Black Canyon Middle School and Thunder Ridge High School will flow through an existing lift station (Fairmont Lift Station) and the Developer will be charged a surcharge in addition to the standard IBSD connection fee as determined by the IBSD Board of Directors. Recent improvements to the lift station were based on student and faculty not to exceed 2, 100 persons contributing to the lift station. The addition of Black Canyon Middle School has not been considered in the sizing for this lift station and is estimated to increase contributions to approximately 2,550 faculty and staff total. IBSD requires the Bonneville Joint School District 93 install a permanent flow meter measuring either influent or effluent flow at the Fairmont Lift Station capable of recording time and measurements in a data logger for daily and peak hour flows. When flow reaches 85% of the current lift station capacity, then the Bonneville County Joint School District 93 agrees to upgrade the lift station (this may or may not include wet well, pumps, piping, and/or controls) to accommodate the increased and potential future increase in flow to the Fairmont Lift Station. 7. Upon completion of installation of the sewer lines, but before placement of asphalt and structural fill , the following tests and inspections must be completed in accordance with Idaho Standards for Public Works Construction (ISPWC) Sec. 501: a. Connection to IBSD sewer system; b. Low Pressure Air Test; c. Deflection test; d. Television Inspection; and e. Visual inspection. Development Agreement -Bonneville County Joint School District 93 Middle School Page 2 of6 Idaho Falls then inspects the sewer lines with closed circuit television and may or may not accept the sewer lines for maintenance. There is a cost for all inspections by Idaho Falls and Developer will be billed directly by IBSD for all inspections. If a second inspection by Idaho Falls is necessary and/or required, the Developer will pay any and all charges associated with the second inspection of the sewer lines by Idaho Falls. 8. Within thirty (30) days, after completion of the construction and installation of sewer lines on the subject property, the Developer will provide written certification to IBSD from Developer's engineer, that the sewer line was constructed and installed pursuant to applicable plans, specifications, laws and requirements, including approval from IBSD's engineer. 9. It is agreed that IBSD shall not have any control of, or ownership interest in sewer line laterals on said property and/or subdivision, nor have any obligation or duty to maintain or repair said lines, or take any remedial action with regard to sewer back-ups, clogs, or other problems whatsoever, which may arise. 10. Within six (6) months of completion of the sewer line on the subject property and/or middle school, the Developer will provide "As-Constructed" drawings to IBSD and the City of Idaho Falls. These drawings must be submitted in electronic form accompanied by two full plan sheet sets of the final construction drawings and plat. 11. Following the completion of the foregoing requirements by the Developer, a one (1) year warranty will apply to the sewer lines, on the part of the Developer to IBSD, warranting that each line was built and installed in a workman like manner consistent with all applicable standards, laws and regulations, including but not limited to, concrete collars on all manholes. After the one year warranty period expires, IBSD shall take ownership of the sewer lines upon completion of the final video inspection by IBSD and final approval by IBSD. A deposit for the cost of video inspection shall be made by the developer to IBSD prior to issuance of this Agreement. Payment to camera/video the sewer lines shall be paid in advance to IBSD by the Developer and IBSD shall hire the contractor for video inspection. 12. During construction and the one (1) year warranty period, Developer will be responsible for the cost of all repairs to sewer lines. During such period, Developer shall further agree to indemnify, defend, and hold IBSD harmless as against any claims arising from the development of the subject property and installation of sewer lines. Developer's obligation to indemnify, defend, and hold harmless shall continue beyond the one (I) year period as to any latent and/or unknown defects applicable to the sewer lines. 13. This Agreement shall automatically expire within two (2) years if the Developer does not complete the Subdivision to the satisfaction of both the appropriate governmental entity in which the subdivision is located and IBSD. If this Agreement expires, the Developer agrees to either re-apply with IBSD by signing a new Agreement or request an extension of the Agreement with the IBSD Board ofDirectors. 14. This Agreement supersedes any and all prior agreements, contacts, etc., which may or may not exist between IBSD, the Developer or any and all concerned with this specific real property and development addressed herein. 15. Any controversy between the parties to this Agreement, involving the construction or application of any of the terms, provisions, or conditions of this Agreement, including but not limited to, all claims, counterclaims, disputes or other matters, shall on written request of either Development Agreement - Bonneville County Joint School District 93 Middle School Page 3 of6 ~~ party, served on the other, be first submitted to mediation before any complaint for damages be filed in any Court in the competent jurisdiction ofldaho. 16. The venue for any claim or action arising out of this Agreement shall be located in the District Court of the Seventh Judicial District of the State of Idaho, or in the U.S. District Court in and for the District of Idaho. This Agreement shall also be interpreted in accordance with the laws of the State ofldaho. 17. This Agreement shall be binding upon the successors and assigns of the parties hereto. 18. This Agreement evidences the complete and final agreement of the parties hereto and no other statement, prior representation or understanding shall be binding, except as expressly set forth herein. 19. If any provision of this Agreement is held by a Court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way. 20. In the event it becomes necessary to enforce the terms and provisions of this Agreement by suit or legal action, the prevailing party shall be entitled to recovery of its reasonable attorney fees and costs. DEVELOPER By: For BONNEVIL JONA BONNEVILLE SEWER DISTRICT By~ DO~anager Development Agreement -Bonneville County Joint School District 93 Middle School Page 4 of6 STATE OF IDAHO County of Bonneville On this 4 f!cray of a(1Aii, ,2019 before me the undersigned, a Notary Public in and for said State, persor;tly appeared a representative for Bonneville Joint School District 93 , identified to me as the representative who executed the attached Development Agreement and acknowledged to me that such owner executed the same. . ,,, \\\~1~1 '.!~111111. . --~''_..._.,..~I_ •• .;:r!Lt..~:1~ -' ~~· •• y •• z-'~e;:i .-0\r>R Pua;·. i.P~IN WITNESS WHEREOF: I have set my hand and affixed my official seal ~~ .·~ i.~·· ~-. . ,,.,,the day and year first above written. --. . ­. .~ i MY COMMISSION : ~ ·-!"!: A/· -:. I J ·: EXPIRES S-26-2021 §t.zr/711-_ {jj),.f.h~ ~ -~ ·. : ~ ~ ~a ·l.I'~ o ·' tary Public for the State ofldaho ~~~·~'fOF\IJ~~"~.f Residing in Bonneville County -~,;,!S's/ONNU\,\.o~~,,~ Commission Expiration Date: 6 -tf(&-~I);) I ~llfffUllll\\\\''' STATE OF IDAHO County of Bonneville On this ;).5" day of A~ , 2019 before me the undersigned, a Notary Public in and for said State, personally appeared Donna Bridges, known or identified to me as IBSD Manager, a representative for Iona Bonneville Sewer District, the government entity that executed the attached Development Agreement and acknowledged to me that such Sewer District executed the same. IN WITNESS WHEREOF: I have set my hand and affixed my official seal the day and year first above written. J ~-··..·~,­tA. BEA~(ti#':.Qt:_..........;,'<"A~ #~.~-~··~~\ tary Public for the State ofldaho /-./~OTAR)' \ \ Residing in Bonneville County f j -949 1 ! Commission Expiration Date: '-f-D9-~\" PuBt.\C ~J ,=\ ··.o~ ~···· '>A ~···~.No. 1~~·:·D~ ~ ..---~~....._.. ~.Iii11: ~\Q ~<flSTATE OF IDAHO County of Bonneville ''""'"'""~ On this 2.,IJP day of ~~ , 2019 before me the undersigned, a Notary Public in and for said State, personatlppeared Brady Belliston, known or identified to me as IBSD Chairman, a representative for Iona Bonneville Sewer District, the government entity that executed the attached Development Agreement and acknowledged to me that such Sewer District executed the same. IN WITNESS WHEREOF: I have set my hand and affixed my official seal the ~->iar first above written. ~~~~~!¥.~ ~, ~ v.•j;n22 •• ~ /'<':.~~<:;~~"' ···... \.f <q; :Q' ~. .. · ~ te ofldaho i~{B ~-S'MJ 'i Residing in Bonneville County 03 . 10 ·1-'1-­~\~ ~<Q •• pment Agreement-Bonneville County Joint School District 93 Middle School 0 ~ ··.. c ---~-'~' § Page 5 of6 ~ •• O•"'P·• ~ ~ ···········~-· ~ ~,,,, ~~,,,.. t11111nr11t11\\\\~ Commission Expiration Date: D?>. f0 ·1-'J- Development Agreement -Bonneville County Joint School District 93 Middle School Page 6 of6