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
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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
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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
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~~
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
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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·• ~ ~ ···········~-· ~ ~,,,, ~~,,,..
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Commission Expiration Date: D?>. f0 ·1-'J-
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