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HomeMy WebLinkAboutItem #4 CDA AgreementFIRST ADDENDUM TO PROJECT DEVELOPMENT AGREEMENT This First Addendum to Project Development Agreement ("First Addendum") is entered into effective January , 2023 ("Effective Date"), to supplement the Project Development Agreement dated May 19, 2021 ("Agreement'), between the City of Chubbuck, an Idaho municipal corporation ("City"), and the Chubbuck Development Authority ("CDA"), the urban renewal agency of the City organized under the Idaho Urban Renewal Law of 1965, Chapter 20, Title 50, Idaho Code. Recitals A. The Chubbuck City Council, by Ordinance No. 385 dated October 27, 1992, approved the Urban Renewal Plan Chubbuck Downtown Improvement Project ("1992 Plan") authorizing the CDA to carry out projects to eliminate, remedy, or prevent deteriorated or deteriorating areas through redevelop- ment, rehabilitation, conservation, or a combination thereof, in accordance with the 1992 Plan. B. The City and the CDA entered into the Agreement for the purpose of identifying priority public improvement projects ("Priority Projects") to be completed under the 1992 Plan, and to define the rights and obligations of the CDA and the City with regard to development of the Priority Projects. C. Attached to the Agreement as Exhibit A is a list of Priority Projects, and attached to the Agreement as Exhibit B is a list of projects for consideration should funding permit. D. All of the Priority Projects listed in Exhibit A have been completed or are in the process of being developed, and the CDA has funding available to pursue additional projects listed in Exhibit B. E. The City and the CDA desire to finalize the remaining projects that will be developed under the 1992 Plan and their respective rights and obligations with respect thereto in accordance with the terms and conditions of this First Addendum. Agreement Therefore, the parties agree as follows: 1. Additional Projects. The parties agree that the following additional projects shall be completed under the 1992 Plan: 1.1 Stormwater Improvements. The City recently saved $145,370 on concrete work on the Chubbuck Road/Philbin Road roundabout that did not meet engineering specifications. Funding of this project was committed by the CDA and the City. The CDA and the City agree to utilize these saved funds to construct stormwater improvements on Eaglewood Drive near Briarwood Park and on Hawthorne Road between Knudsen Boulevard and Chubbuck Road. To the extent such funds are insufficient to complete such improvements, the City will be required to complete such improvements at its expense, if it chooses to do so. 1.2 Hawthorne Road Improvements. Except as set forth in section 1.1, all revenue allocation funds generated under the 1992 Plan shall be used to construct Hawthorne Road safety improvements near Canal St. and James Ave. To the extent the revenue allocation funds generated under the 1992 Plan are insufficient to complete such improvements, the City will be required to complete such improvements at its expense, if it chooses to do so. 1.3 Sidewalk Improvements. In the event CDA has funding available after completion of the improvements authorized under sections 1.1 and 1.2, such funds shall be used to construct sidewalk ADA FIRST AMENDMENT TO PROJECT DEVELOPMENT AGREEMENT (Americans with Disabilities Act) improvements within the 1992 Plan urban renewal area, such as crosswalks, ramps, and rapid flashing beacons. SIGNED and DATED EFFECTIVE on the Effective Date set forth above. Kevin England, Mayor City of Chubbuck Annette Baumeister, Chair Chubbuck Development Authority FIRST AMENDMENT TO PROJECT DEVELOPMENT AGREEMENT