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HomeMy WebLinkAboutPLOT MAPS, STREET LIGHTING, FINAL PLAT, & DEVELOPMENT AGREEMENT - 06-00339 - Harvest Heights, Division 2B~ ~~~/ o u x Cl )~F ~~ ~l `~4$ ~~.~~ ,~1r~tEREC:.~'~ f;~,~tl~:Y t ~,Mth~L~N[7Y 19 E. Main PO Box 280- -3020 x2 ~ usH~a ~ ~ ~ ) Phone: 208-359 Rexburg, Idaho 83440 Fax: 208-359-3024 www.rexburg.org corndev(cs~rexburg orq Final Plat Application for Approval of Preliminary Subdivision Plat The attached Subdivision plan has been prepared in accordance with the Subdivision Regulations of the City of Rexburg, and the following items are shown on the plan or plans, or explanations given with respect thereto. ~~~~ Requirements for Preliminary Plats ~~~ v VFO All Preliminary Plats shall be 24' x 36' foldable, drawn to scale, North point, dated. ~~~'®F. 6 ZQ~6 ~~xe The following shall be shown on the Preliminary Plat or shall be submitted separately: ~A~ 1. The name of the proposed subdivision: Harvest Heights, Division 2B 2. The location Mill Hollow Road & 7th South Acreage 19.8 Number of Lots 21 3. The names, addresses and telephone numbers of the subdivider or subdividers and the engineer or surveyor who prepared the plat: Subdivider Name: Richard F. Smith Address: 950 Mill Hollow Road, Rexburg Phone Number: 356-4912 Cell Number: 390-7000 Engineer Name: The Dyer Group, LLC Address: 310 N 2"d East #153, Rexburg Phone Number: 656-8800 Cell Number: 390-9700 Surveyor Name: same as above Address: Phone Number: Cell Number: 4. The name and address of al~roperty owners within 300 feet of the external boundaries of the subdivision whether or not bisected by a public right-of--way as shown on record in the County Assessor's office. see plat 5. The legal description of the subdivision. see plat ~ SAP ~ 3 zv~~ ~oTv n~ rrr.,= , cst ipr~ 6. A statement of the ~nded use of the proposed subdivision,~h as: Residential - (single family, two-family and multiple housing); Commercial, Industrial, Recreational or Agricultural. Show sites proposed for parks, playgrounds, schools, churches or other public areas. sin le family residential 7. A map of the entire area scheduled for development if the proposed subdivision is a portion of a larger holding intended for subsequent development. submitted with Phase 2A 8. A vicinity map showing the relationship of the proposed plat to the surrounding area (1/2 mile of minimum radius, scale optional). see plat 9. Streets, street names, rights-of--way, and roadway widths, including adjoining streets or roadways, curbs and sidewalks. see plat. Street R/W = 68', street = 42' with 8' boulevard and 5' sidewalk (note rural residential style - no curbs) 10. Lot lines and blocks showing the dimensions and numbers of each. see plat 11. Contour lines, shown at five (5) feet intervals where land slope is greater than ten percent (10%) and at two (2) feet intervals where land slope is ten percent (10%) or less, referenced to an established bench mark, including location and elevation. see preliminary plat 12. Any_proposed or existing utilities, including, but not limited to, storm and sanitary sewers, irrigation laterals, ditches, drains, bridges, culverts, water mains, fire hydrants, power, gas, street lights and their respective profiles and easements. see preliminary plat 13. A copy of any proposed restrictive covenants and/or deed restrictions. (To be attached or submitted with final plat). submitted with Phase 2A 14. Any dedications to the public and/or easements, together with a statement of location, dimensions, and purpose of such. see plat Please complete the following: (If not applicable, please fill in with N/A) 1. What is the land use and existing zoning of the proposed subdivision and the adjacent land? recently agricultural use, most zoned for RR2, some outside the City recently annexed and zoned as RR 2 (area south of section line) 2. Does subdivision conform to present zoning? yes ~'~~ 3. Requested zoning: RR 2 ~ M~~'~~- ~ zaa6 4. Variance Requested: Yes No _ X (If yes, attach written request) ~~~'~~ 9G Requesting annexation to City? Recently done ~TEMS FOR CONSIDERATIOl~ 1. Probable impact of the proposed project on the environment effect on: a. Public safety and convenience streets to City standards, minimum of 2 approaches to all lots b. Fire, police, and ambulance services as above c. Recreation one common area in Phase 2A that may be used for neiEhborhood park d. Schools 25-30 pupil increase in enrollment e. Displacement or relocation of people none f. Land values improves to residential values g. Local and long-distance travel, i.e., highway and local road impact will construct'/z of 7th South h. Behavior of wildlife species already disturbed area i. Wager quality and effect on underground water supply municipal water supply j. Noise pollution minimal in residential area k. Air pollution minimal in residential area 1. Method proposed to dispose of storm drainage waters borrow ditches on roads occasional sumps m. Extent of increased city road maintenance, including snow removal roads in subdivision sewer pump station n. Floodplain- methods proposed to alleviate effect of 100-yr flood; effect on adjacent properties. N/A o. provisions for housing for persons of low and moderate income N/A p. Harmony with the character of surrounding developments continuation of existinE development 2. Probably adverse environmental effects which cannot be avoided a. Traffic Use minimal b. Rights-of--way required dedicated to City, including R/W for all of 7th South c. Pollution effect on existing environment none as City standards are followed 3. Relationship between local short-term uses of man's economic environment and the long-term productivity. a. Existing vs. proposed tax base increases tax base b. Costs to City if proposal approved (annual) maintenance of streets and water/sewer 4. Measures taken to minimize harmful effects on environment a. Effects of construction activities best management practices to be employed '~~1, b. Erosion control BMP's followed ~j "~(/~ ~,~ c. Stream pollution prevention N/A d. Borrow-pit rehabilitation to be landscaped Oa e. Fencing perimeter of subdivision, otherwise private lot fencing ~F..f- ~ ~ f. Buffer zones consistent with adjacent uses eCi,9 g. replacement of parklands or farmlands park space available, loss of some farmland ~ 5. Is this plat plan harmonious with and in accordance with the general objectives or with any specific objective of the City's Comprehensive Plan? consistent with Comprehensive Plan IF YOU HAVE ANY QUESTIONS, PLEASE CONTACT THE REXBURG PLANNING AND BUILDING DEPARTMENT 3 • • Findings of Fact City of Rexburg 12 North Center Phone: 208.359.3020 Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3022 ~i04 ~EXB UgC ~O u~ y 0 CITY O F REXI3URG America's Family Community ' Harvest Heights, Division 2B Final Plat 1. On July 6, 2006, The Dyer Group presented to the Rexburg Planning & Zoning Secretary a Request and Application for a Final Plat for Harvest Heights, Division 2B. 2. On July 20, 2006, Richard Smith presented to the Rexburg Planning & Zoning Commission the Request for approval of the Final Plat for Harvest Heights, Division 2B. David Stein motioned to recommend to approve the final plat for Harvest Heights, Division 2B. Mike Ricks seconded motion. None opposed. Motion Carried. 3. August 02, 2006, Richard Smith reviewed the final plat for Harvest Heights, Division 2B on the overhead screen. It was split into separate plats; 2A and 2B. The plat was recommended for approval by Planning and Zoning. 7~' North was moved on the plat to allow for the proper line of site at the intersection. There is a pocket park planned to be maintained by the homeowners association. There axe preliminary discussions to make it a public park area for the pathway. Council Member Stevens moved to approve the Final Plat for Harvest Heights, Division 2B; Council Member Erickson seconded the motion; all voted aye, none opposed. The motion carried. DEVELOPMENT AGREEMENT HARVEST HEIGHTS ADDITION DIVISION NO.2 B TO THE CITY OF REXBURG AGREEMENT, made this 5t`' day of January, 2007, by and between the CITY OF REXBURG, a municipal corporation, hereinafter called "CITY," 12 North Center, P. O. Box 280, Rexburg, Idaho 83440, and HARVEST HEIGHTS LLC, hereinafter called the"DEVELOPER," whose mailing address is Harvest Heights, LLC P.O. Box 8 Rexburg, Idaho 83440 WITNESSETH: WHEREAS, Developer is the sole owner, in law or equity, of a certain tract of land in the County of Madison, State of Idaho, which land (hereafter referred to as the Development) is more particularly described in EXHIBIT "A-1, A-2" known as Harvest Heights Division No 2B, attached hereto and by this reference made a part hereof; and WHEREAS, Developer has requested the Development be approved by the City and has or will submit Improvement Plans for the Development described in the caption of the Agreement; and WHEREAS, City water, sanitary sewer and storm drain facilities are adjacent and accessible to Developer's land; and WHEREAS, Developer is responsible for the street and utility improvements within the Development; NOW, THEREFORE, in consideration of the terms and conditions set forth herein, the parties agree as follows: 1. DEVELOPMENT OF Harvest Heights Division No 2B. The City agrees to provide water and sewer service to the Development, subject to Developer's acceptance and performance of the terms and conditions of this Agreement and the terms and conditions contained in the Special Conditions attached hereto and made part hereof; Instrument # 333953 DEVELOPMENT AGREEMENT - 1 REXBURG, MADISON, IDAHO 2007-01-OS 02:59:00 No. of Page : 19 Recorded for :CITY OF RE URG MARILYN R. RASMUSSEN Fee: 0.00 Ex-Officio Recorder Deput i 2. IMPROVEMENT PLANS. Developer has filed, or will file, and the City Engineer has/ or will approve a complete set of Improvement Plans (hereafter referred to as the "Street and Utility Improvement Plans") showing all streets, sewer lines, water lines, fire hydrants, storm drains, street signs, street lights, traffic control devices, barricades and other public improvements contemplated within the Development. The Improvement Plans also show the proposed location of other public utilities (telephone, gas and electricity) and irrigation facilities affected by the Development. Such Improvement Plans are incorporated herein by reference as though set out >n full. Improvement plans for any water, wastewater or storm drainage facilities axe also to be submitted to the Idaho Division of Environmental Quality for their review and approval It is the responsibility of the developer to obtain DEQ approval prior to starting any construction on water, wastewater, or storm drainage facilities. 3. CONSTRUCTION OF PUBLIC IMPROVEMENTS. Unless otherwise agreed in the Special Conditions, Developer will, at its expense, design and construct all public improvements shown in the Street and Utility Improvement Plans. Unless otherwise agreed in writing by the City Engineer, Developer will construct all public improvements within the Development in strict accordance with the Improvement Plans and the City Standard Engineering Drawings and Specifications (hereafter referred to as the "Standard Specifications") in effect at the time the construction is accomplished. The Standard Specifications are incorporated herein by reference as though set out in full. 4. PERMITS. Developer shall obtain all right-of--way, excavation or other permits required by local ordinance or any State agencies and comply with all requirements therein with respect to the timely performance of the work governed by such permits. The Developer is required to apply for permit coverage from EPA after developing asite-specific Storm Water Pollution Prevention Plan. 5. COMPLETION OF PUBLIC IMPROVEMENTS. Developer agrees that if, a portion or portions or the entirety of such public improvements need to be completed in the interest of the public health, welfare or safety, Developer will forthwith construct such public improvements. If Developer does not commence construction of such public improvements within a reasonable time DEVELOPMENT AGREEMENT - 2 after such finding is made or if Developer does not complete such construction within a reasonable time thereafter, the City may move on the developers bond and construct or have constructed such facilities at Developer's expense. The City Council shall not make such finding unless Developer has been given at least ten (10) days advance written notice of the date and place of the meeting and Developer has been given an opportunity to be heard at such meeting. At or before the meeting, the City Engineer shall furnish Developer a cost estimate for completing the required portion or portions of such public improvements. 6. INSPECTION. Developer will retain a professional engineer (hereafter referred to as the "Project Engineer") licensed within the State of Idaho to supervise, inspect and test the construction of all public improvements within the Development in order to ensure such improvements are constructed in accordance with this Agreement, the Improvement Plans and the Standard Specifications. Developer will not materially deviate from the Improvement Plans or Standard Specifications without the express written approval of the City Engineer. The following minimum testing is required as a stipulation of this Agreement; (All inspections to be done as per the current ISPWC) SEWER LINES (To be inspected 30 days after installation and completion of backfill, but before geotextile fabric for the road is installed.) • CCTV inspection (CCTV inspection will be completed by the City's Sewer Department) • Pressure testing • Deflection testing WATER LINES (CLASS 50 D.L) • Pressure testing • Bacteriological testing • General inspection of fire hydrants, valves, and other water facilities (To be completed by the City's Water Department) DEVELOPMENT AGREEMENT - 3 ROAD CONSTRUCTION • Density Tests on Sub base, Granular borrow, Road base, and Asphalt (One per every 1000 ft2 of roadway as per ISWPC ) • Field sampling (Gradations 2 per material) • Asphalt mix design • Concrete strength -one slump and 3 strength cylinders per 50 C.Y. of concrete MISCELLANEOUS • Additional testing may be required if so stipulated in the special conditions 7. CORRECTED IMPROVEMENT PLANS. Prior to acceptance of the Development, Developer will file "Record Drawings" Improvement Plans (hereafter referred to as the "Corrected Improvement Plans") with the City Engineer. Such Corrected Improvement Plans shall be prepared by the Project Engineer and shall show the actual "as constructed" location of all public improvements within the Development including the horizontal and vertical location of all water, sewer and storm drain Imes, individual building service Imes, curb and gutter alignment and street grades. Such Corrected Improvement Plans shall also specifically show all changes between the original Improvement Plans and the public improvements as actually constructed. The Project Engineer shall also certify upon the Corrected Improvement Plans that such Plans correctly show all public improvements as actually constructed and that such public improvements have been constructed in accordance with the Standard Specifications in effect at the time such construction was accomplished. The original linens or mylars of these "Corrected Improvement Plans", and an electronic copy in AutoCAD format of such drawings shall become the property of the City of Rexburg. The Project Engineer shall also deliver to the City Engineer all compaction reports, daily construction logs, reports, written tests, pressure test results on all water lines, bacteria tests on all water Imes, pressure tests on all wastewater lines, analysis and other data as may be necessary to verify or support the certification of the Project Engineer. DEVELOPMENT AGREEMENT - 4 8. ACCEPTANCE OF DEVELOPMENT. Upon satisfactory completion of such public improvements and facilities and Developer's delivery of Corrected Improvement Plans, the City will accept the Development. Such acceptance shall not be valid unless expressly acknowledged iri writing by the City Engineer. Except as otherwise expressly provided in the Special Conditions, upon acceptance of the Development, the City shall assume ownership and control of all public facilities within any dedicated street or public utility right-of--way within the Development. Acceptance of the Development shall not be deemed as a waiver of Developer's failure to fully and completely perform the terms and conditions hereof or as a waiver or release of the warranty set forth below. Prior to acceptance the owner must submit to the City Engineer the following documents: • Water line test results • Sewer line test results • Road construction test results • Corrected improvement plans (Auto Cad format) • Engineers certification of compliance with approved engineering plans Once all information is submitted to the engineering department the City engineer will file a Letter accepting the development for city control and maintenance. 9. WARRANTY. Developer warrants that the materials and workmanship employed in the construction of all public improvements within the Development shall be good and sound and shall conform to generally accepted standards within the construction industry. Such warranty shall extend fox a period of one (1) year after acceptance of the Development by the City, provided nothing herein shall limit the time within which the City may bring an action against Developer on account of Developer's failure to construct such improvements in accordance with this Agreement, the Improvement Plans or the Standard Specifications. 10. WATER & SEWER HOOKUP FEES & MONTHLY UTILITY RATES. Water and sewer hookup fees and monthly utility rates axe established by City Resolution. Such rates axe subject to updating from time to time. Developers of individual homes will be required to pay for DEVELOPMENT AGREEMENT - 5 the appropriate hookup fee for the size of water or sewer hookup desired. If excavation is required within any public right-of--way, an Excavation Permit will also be required. The home owner's developer will be required to install the water service line and purchase the necessary water meter materials as specified by the City Water Department, fox use in the water service connection. The home owner's developer or his plumber will be responsible for acquiring the required plumbing permits and for all costs associated with the installation of the water service connection. 11. STREET IMPROVEMENTS AND SIDEWALKS STREET CONSTRUCTION. Developer will construct all streets in accordance with the Street and Utility Improvement Plan. Said construction shall conform to the typical street design cross-sections which apply to the type of road construction required in the development. Said cross-sections are attached hereto and specifically made a part of this agreement. It is the policy of the city of Rexburg to pay for any street costs which may be required by the city but which exceed the standards required in a particular development. Any street cost sharing by the City of Rexburg is set out in the Special Conditions attached hereto SEAL COATING OF STREETS. All streets within the development are to be seal coated with an approved chip seal coat within two (2) years of their construction unless special arrangements are made with the city engieering department. The developer may contract with the city to have the streets seal coated under a city seal coating project with all costs paid by the developer. SIDEWALKS. Developer or homeowner is responsible for installing 5 ft. sidewalks in the development. All sidewalks associated with the development are to be completed within not more than three (3) years after the final plat of the subdivision is recorded. As lots are developed the sidewalks are to be constructed prior to the issuance of a certificate of occupancy. Lots that are not developed within the three (3) year period are to have the sidewalks installed by the developer. Failure to construct the sidewalks within the allowed period will result in the lots being included in a Local Improvement District and the resulting costs assessed against the property. DEVELOPMENT AGREEMENT - 6 12. STORM DRAINAGE FACILITIES. The Developer will construct all on-site- and off- site storm drainage facilities for this project with no financial participation from the City. Storm drain facilities will consist of at least a collection system and storage facility as approved by the city and DEQ. The design of the storm water facilities is to be done in accordance with accepted engineering practices. Storm drain facilities within the development will include piping, catch basins and a storm water detention area as approved by the Engineering Department and shown on Street & Utility Improvement Drawings. Unless otherwise agreed to between the parties hereto, operation and maintenance for the storm water detention facility after the final plans have been developed and approved will be the responsibility of the Developer or Homeowners Association. 13. FAILURE TO PAY FEES. In the event Developer fails or refuses to pay any of the fees, charges or costs set forth herein, the City may de-annex any property owned by Developer within the Development, or refuse to allow the development to connect to city owned water or wastewater systems, or declare the entire unpaid balance immediately due and payable and collect such sums 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 the City may pursue the same separately or simultaneously as it deems necessary or appropriate. In the event of such acceleration, all sums due shall bear interest at the rate established by law fox judgments entered in the State of Idaho. 14. PARTICIPATION BY CITY. The parties agree that those portions of the water mains and sanitary sewer lines, (hereafter collectively referred to as the "Shared Work"), the cost of which the City has expressly agreed to pay pursuant to the Special Conditions, including any water or sewer line extensions, increased line size or capacity are required because of future service needs originating from properties not owned by Developer and located within the vicinity of the Development and that sound planning requires construction thereof at the present time in order to accommodate future expansion and development. In recognition of the cost savings which can be accomplished by construction of such excess capacity and improvements concurrently with the facilities to be constructed for Developer's purposes, and the impracticality or impossibility of constructing such excess capacity and improvements separately or at a later time, Developer agrees to design and construct such facilities subject to the City's agreement to reimburse Developer for a portion of such costs, all as set forth in the Special Conditions. DEVELOPMENT AGREEMENT - 7 15. OCCUPANCY. No building within the Development shall be used or occupied fox any purpose other than fox the construction of such building or structure, unless all public improvements within the Development have been completed and accepted by the City Engineer. The City may withhold Certificates of Occupancy until all such work has been completed. 16. DEFAULT. In the event Developer fails to comply with the terms and conditions hereof, in any material respect, the City may withhold the issuance of any building permits, certificates of occupancy ox the connection of water or sewer service to any property owned by Developer and located within the Development, until such default is fully corrected. 17. NOTICES. Any notice required by this Agreement shall be mailed to the receiving party at the address set forth above or such other address as may be delivered to the sending party in writing. Such notice shall be mailed by certified mail, return receipt requested, postage prepaid and addressed as set forth above and shall be deemed received upon its deposit in the United States mail in such manner. 18. RECORDING FEES. Prior to the approval of the Development by the City Engineer, Developer shall pay to the City all recording fees necessary to record this Agreement with the Madison County Recorder's office. 19. IRRIGATION DISTRICT RELEASE. Prior to the final approval of the Development, Developer shall obtain a certification from any irrigation district, canal company, ditch association or other similar water delivery entity who provides or delivers water to any property located within the Development or who provides water through a facility passing through the Development. The certification shall state that the water rights fox all property within the Development have been transferred from the property and that all liens and assessments of such water delivery entity have been released. Or, the certificate shall state that all irrigation facilities that have been disturbed or altered by the Development have been repaired or reconstructed to the satisfaction of the irrigation water user and/or the irrigation entity owning or operating said irrigation facilities. Developer will be responsible for maintenance on any modifications to the irrigation system unless otherwise specified in writing. DEVELOPMENT AGREEMENT - 8 20. BONDS. Prior to the beginning of construction the Developer maybe required to file with the City the Bonds as required in the Subdivision Ordinance. Failure to file the appropriate bonds will be justification to refuse the issuance of any building permits. 21. CONFLICT WITH STANDARD SPECIFICATIONS. In the event of any conflict between the terms of this Agreement or the Improvement Plans and the Standard Specifications, the terms of this Agreement or the Improvement Plans shall prevail over any contrary provision of the Standard Specifications. In the event of any conflict between the terms of this Agreement and the Improvement Plans, the terms of this Agreement shall prevail. 22. COVENANTS APPURTENANT TO THE LAND. All covenants and conditions set forth herein shall be appurtenant to and run with the Development and shall be binding upon Developer's heirs, successors or assigns. 23. REMEDIES CUMULATIVE. All remedies herein are cumulative and, to the extent not wholly inconsistent with each other, may be enforced simultaneously or separately, at the sole discretion of the City. 24. GOVERNING LAW. This Agreement shall be governed by the laws of the State of Idaho. The venue for any action arising out of this Agreement shall be exclusively in the District Court of the 7th Judicial District of the State of Idaho, Madison County, or in the United States District Court for the District of Idaho. 25. ENTIRE AGREEMENT. This writing evidences the final and complete agreement between the parties and no other prior statement, representation or understanding shall be binding upon the parties unless expressly set forth herein. 26. SEVERABILITY. If any provision of this Agreement is determined to be invalid or illegal, the remainder of the Agreement shall not be affected. DEVELOPMENT AGREEMENT - 9 27. WAIVER. Waiver by the City of any breach of any term, covenantor condition shall not be deemed to be a waiver of that term, covenant or condition on any subsequent breach of it or any other term, covenant or condition. No term, covenant or condition of this Agreement shall be deemed to have been waived by the City unless the waiver is in writing by the City. 28. EFFECTNE DATE. This Agreement shall become valid and binding only upon its approval by the City and upon its execution by the Mayor. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. DEVELOPMENT AGREEMENT - 10 FOR THE CITY OF REXBURG APP VE S TO FORM: Public orks Director/ ity Engineer, John Millar APPRO~~ By: 6t ('."-.`., - ~-7~----' -'ATTEST: Mayor, Shawn Larsen ~n _ f By: YJ.x-v-~ Ci t k Blair Kay \`\ `~ ~~ i u~f 0 ~i t i y i i ~~~ .~~`~~~~ OF AF~.~~i~i'. `\\`~E~~..... ...G~ V:' ORPORA :~ STATE OF IDAHO ) `~' T ): ss. = - E.~L.... County of Madison ) ~'•• On this ~ da of anu 2007 ~1~ y J ary , ///,~~~T. ~F~~~~e`undersigned, a Notary Public for Idaho, personally appeared Shawn Larsen, known to me to be the Mayor of the City of Rexburg, the municipal corporation that executed the foregoing document, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. _ ~ r ~~~ NIITARy ~if~ ~,q''•~ .......w ~ ~~ 11~titi~~~~~~~`\ Notary Publi fox Idaho Residing at Rexburg, Idaho My Commission Expires: ~ ~, ~ b DEVELOPMENT AGREEMENT - 11 ******************************************************************************************* DEVELOPER Harvest Heights LLC. P,p. 3ox ~S Rc b~ r4 1d~~, 0 83~-'I ~ By: Richard Smith Its: Managing Member ~~ STATE OF Idaho ) ss. County of Madison ) On this ~ ~' day of January, 2007 before me, the undersigned, a Notary Public fox said State, personally appeared ~.~L~~ `~:~,-k~. ,known to me to be the President/Authorized Agent of the corporation that executed this instnunent, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. `\~~~~ Q N E N P, ~~i~ yt~'~NO~q ;<<Z %, ~ •••~MN~NN o ~~``. ~. Notary ublic Residing at:_ ~x~ v~ , ~ ~~~-`~ My Commissions: 5 - ~ - tZ DEVELOPMENT AGREEMENT - 12 Special Conditions The City of Rexburg, hereinafter referred to as `City' and Harvest Heights, LLC, hereinafter referred to as `Developer' hereby agree to the- following additional terms and conditions: 1. STREET IMPROVEMENTS. The City will not share in the cost of Autumn Drive and Hillside Drive and all other interior streets of the subdivision. The construction of 7`'' South will be constructed in accordance with the requirements of typical section no. 5 as attached hereto EXHIBIT "B-2". The City shall pay for all costs of any paving of widths over 19.5 feet. The City shall pay for all costs increasing the paving structure on 7`'' South over structure called for in typical section no. 1 or no.2 as attached hereto EXHIBIT "B-1". Developer shall be responsible for construction of the curb on the north side of 7`'' South. 2. SANITARY SEWER FACILITIES. The cost and maintenance of the temporary pumping station which will temporarily serve a portion of the sewer system of Harvest Heights Division 2B will be born by the Developer and or the Homeowners association until a regional lift station for the area is installed'oy the City. When the regional lift station is completed, the Developer and or the Homeowners Association will be required to pay a proportionate share of the regional lift station as determined by the City. 3. WATER FACILITIES. The City agrees to pay for the difference in cost of materials, for the increase in water line size from an 8 inch line to a 12 inch line on Autumn Drive from 7`'' South to Hillside Drive. The City agrees to pay for the difference in cost of materials, for the increase in water line size on Hillside Drive from a 6 inch line to a 12 inch line from Autumn Drive to Millhollow Rd. 4. PARK AREA. The Developer and or Homeowners Association will own and maintain the Park designated as Lot 16 on the Harvest Heights Division 2B plat. Said Park shall be open and available for public use. The City agrees to provide all irrigation water necessary to irrigate said Park and the landscaped boulevard running along 7`'' South from Millhollow Road to the West boundary of the Harvest Heights Division 2B plat. DEVELOPMENT AGREEMENT - 13 5. FRONT FOOT WATER CHARGE AND EXTENSIONS. The subject property has approximately NO lineal feet of frontage along an existing city water line that the City installed within the proposed development in the past. The Developer shall reimburse the City in accordance with the current. ordinance as follows: Front footage costs for water line: None. The developer will be responsible for the installation of all additional water lines, service lines, valves, fire hydrants and related work within the proposed development. 6. FRONT FOOT SANITARY SEWER CHARGES The subject property has NO lineal feet of frontage along any sanitary sewer line that the City has installed. The Developer shall reimburse the City for his share of the costs of said utility as follows: Front footage costs for sanitary sewer lines: NONE. 7. FRONT FOOT STORM DRAIN CHARGES The subject property has NO lineal feet of frontage along the storm drain line that the City has installed. The Developer shall reimburse the City for his share of the costs of said utility as follows: Front footage costs for storm drain charges: NONE. 8. LOT GRADING DESIGN. The Developer shall provide to the City individual lot site grading plans fox storm water runoff. These plans shall be provided before any building permits are issued. DEVELOPMENT AGREEMENT - 14 FOR THE CITY OF REXBURG APPRO D `S TO FORM: II''nn VV . Public Wor s Director/ ity Engineer, John Millar APPROVE By: a ~^^- u r"~--- Mayor, Shawn Larsen DEVELOPER Harvest Heights LLC. P.d.~ 8 ~cu 6~,ia 1.G ~.c~ `b 3H~/Q By: Richard Smith Its: Managing Member ~~ ATTEST: By. ~cc~~ T~ ~~ City Clerk, Blair Kay ORPpR .,;G~% ~ RT~~ ,~,;:' ., o 9 io ~, ~ ' ! D ,P~ ~ \\\\\~~~ DEVELOPMENT AGREEMENT - 15 3 "- - -a _ _ E~ _ _ __ _y_a.E~ o2c o2 Er3n~ - - °Eu _- _-_'- °Ee °a~ '_ ~~ _ - -po oiEL - -- __ __ s`~~E ~" -- - w EEa~9 __ ~Ea _ ___ > >S` ce ono ve oao~cs OpO Ll O~ o-~o 0.5 E. ~O/ b/ aF' ~~~. * / A "'..7 ~ / .oi~ao 3_ 1`~`i ~ x F a Z x ° x z i ~ W 6i _ ~~ ~QI ~xxF,' N z Q~x~~ W 7r~U: F H z nt O I `~~ W ~ x ~ u] Ga z ' E" • rl d O W F~ I U W FU ~i ~'y ~ ~ tWi1 6 i E-' a "' ° x I-,J~ _W x~W~' A xzawi ~~~~o ~~~~~j ~WO~~, F W E W O W E ~.. a V 10. 'i . O ~ ~'Q~wz ~~ F~ ~~ - - ~W~y sgy ~o$<~ y3z ~ky'F~~ N Wc= Z n - w ~ ~zm., `4 a ~ Y~o - z gam - gz~az ~ 5<'0 _ mnWV~ w <~~ < o~p~ ~ snh ah<°o w - ~m _ ;¢ ~ ~oi°=imx ~_ __..,, a Q'; SwF ~ A~~ - nn= z~a. ~ ~~„ ~ ~ c ~ ~ ~~~~ u~ <~ ~.yi~ 1 ~ \ ~ F ci°Z ~~=3 ~~~o ~~ W a, oww ra z ow a °o~ w' a v w 3~ ~ m „ ~ ~ i- o ~a ~ n Z O w i° W z N O ~ a Q z Z ~ W ~ ~ O ~ F H Z 0. A ~' Z ~ C7 Z Uj a ~ ~ W . ~ ~ W o ~' ~ ~ :x ~ o W o 3 ~ <°. ~ot~=3om 5 y ~ . \W ~ ~ ~ aka„W~yo ~ 3y .] 1 ~~ it ~~~s W ~~~ g 67 < y i i e n W e ~ l 1 - 3 o ~ ~ o W ~ o q ,_~ y Q W ~ J r2 ~¢ Y Q ,N.~ ~ ~ W N l7 Z_ d _ d N ~ A I . o Z Y d' + a ~ ~ z 3 V h= ~' z W W N ¢~ j a z xr ~w3~ ¢~ow L7 J ~ K N ~ ¢ O U O R1 ¢ ~ ~ a M J ~ N ~ Z .J. 6 d N K X W - f7N W W es p W W Z N J .~ Z ~ .m-. W .Vi Z ~ z J p ~ ~ ~ H F- H U m z L;J w ~ A c ~ Q LJ U J Q z ~ J ~ J W N z Y K Q a. ~"~~ ~ 1M~ '" l7 r ~ ~~ n d ~ A Z • T-{ J W Y N in 3 W n W ( q VJ n J y 1 - f o ~. ! W / . ~ Q W F f o y ~ W Y J I(7 ~ q h m' ~ N ~ N ~ l.7 .Z. Q ^'U h Z I q Q J Y J ~ W A N F- f p W .-~ V) Q W 3 O d' O W '"'~ ~K d Y 'J H ~ 2 Q N ~ .-. l7 ~ D . ~ N N A 2 ~' In U } w W N ~ ( F- ¢ ~ q Z C Z Y ~ z 3 ° W x~ 3 i~ o bra ~ U ZW3 W ~~ U J d¢~,~ D q q 6\~ ~ Q ~- M J W n Q I Z "J W ~ ¢ r ~ (U ~ X N\l7 W ~ ' a r~ iu W O Z Vl J ~ ~ Z ~ U H ~ r- ~ W Q N ~ m ~ W~ ~~ 0 H ~3 ~ . O U J_I W Q ... . H~ Z~ WW Q z R~ ~ ~' ~ N~ W W r ~ ~ ° 8 U F- ..J Q :: y W Q J U v l7 Z Y O~ a U .N- N [M~J 1"1 ~~ • T~ . {r~.'~~ t !mil ~1 o W .-~ y Q W Y J ~;, 3 N u I du , - W L A y ~ j 2 Z S Z _ Y W N Z¢ ~ a °a a ~W Z w3 -~ F O W x in~a 3 . .. f¢~ w .-i W N ~ Z W O U U QK~ ~ K2 H a¢ U J J W O ~ !11 "'I ~ ~ W Q~Z.J v ~ d M ~ !-- a N I ~ W ~ o ~' v `~ °w W O W J J F- W (~1 U ~ l7 W Z ~ h- ~ N m V v ~ ..~ r ~- w J J W fA 2 F II W~ W I O J N E W N Q W W W'I 1-= Z 3 fIJ ~ O 1--i Q. J F" ~ Q U ~ ~-.. W (~ LiJ 1=- -1 ~ Q Q U H z ~- d r v Li W W A U N ¢ ~ _ 03 3U ~ ~w~ ~ w° ~ ¢~ ~ W - ~ r¢v t ~ F Z Vl W ~17Q QQD ~ ~ R Ali Q. J W VI ~ ~ WW ? ¢ ~ fVi¢ J J » a.f°/¢ icy f~ p i W l Q' ! ¢~ d~~ U Q p .. F~ ~ ~ \ L~ ~ ¢ _ M IWIW arW lil R a ¢N~i 3vw v f ¢ w .~. ~ w ~ o W W ~Q~ O h 2 v J > Q N ~ _ O W U H l7 Q O la Q'Q' Z 0 ~ QF-d f (/1 For Rocky Mountain Powe~e only -Request # Street Lighting Installation/Change Request Form To request changes to the street lighting system you are billed for, or to request new street light service, please fill out what information you can on the form below. When complete, please fax to Rocky Mountain Power at 1-800-883-4162 '~ Customer Name ~~ 0 W Request * ddress Pole # If known Lamp size and Pole type: wood (W), fiberglass F , Steel. S _ Poie: new (NJ or exlstin E Feed: t?H or UG*' Rate schedul e Account # to be. billed pf new r nest CCd 5 u uJ ~' G ~z9 ~ o0 Cc~ X10 141.C'~'ttvr~n CCD ~a A~c-~u~ ~ C D D~. ufu.r»n C¢~i u rnK C . ec~ G3 t~rc war C',Y: ~C..C' D ~4u vnK '~ CCc7 ~/R~u~-~~ ter-, Lc~ ~ ~ Cho ~ 6 ffi~rv T- D G7~ h~-v r C ~ v T *Request Types ** Feed ICO =Installation by Company required OH =Overhead ICU =Already Installed and connected by Customer UG =Underground CCO =Company connect required; Already Installed by Customer RCO =Removal by Company required RCU =Already Removed by Customer ANX =Annexed into City ~:, ~, ~ e r 1-l g-d ~ ~.v ~ -359-r3 ®~- ~-- Municipal Customer Signature Title Date Phone # Return Fax # Printed ustomer Name This document' intended fi provide notification to Rocky Mountain Power (Company) that the municipal customer, ! 1 ~ D ( (Customer), has made, or is requesting the following changes to be made to the street ligh ng system for which ey are billed. All changes requested are subject to the terms and conditions of the rate schedule indicated above, so long as the location, type of lighting and rate schedule are appropriate and acceptable to the Company; Customer will be notified if the Company is not in agreement with the requested changes. The Customer is responsible for the design of fixture locations, sizes and types. Note: Customers shall not make connections with Company-owned facilities. Facilities installed by Customer prior to approval by Company cannot be guaranteed connection by Company. Customers may not install or maintain any facilities within 10' of overhead primary voltage lines. If there are advance dollars required for installation, removal or connection as per the appropriate tariff, an agreement will be sent to the Customer. Attach additional sheet(s) as necessary. 0 www.rockymtnpower.net ROCKY MOI~VTAIN Customer Service: 1-888-221-7070 POWER • For Rocky Mountain Powe~e only -Request # Street Lighting Installation/Change Request Form To request changes to the street lighting system you are billed for, or to request new street light service, please fill out what information you can on the form below. When complete, please fax to Rocky Mopuntain Power at 1-800-883-4162 Customer Name ~ ~ R~ Request * ddress Pole # if known tamp size and Poie type: wood (VV), fiberglass F steel $ Pola: new (N) or existitl E Feed: OH or UG*` Rate schedul a Account # to be bltt~d (if nsMr re oast , CD D3 ft~uest ~r ©~~ ~ LfG q bbbo CC ~'~ Ue5 Ilr` CC Ea (os ~ ffa,~u~7~ flr CCD Cr,~S H~-v~".Dr *Request Types ** Feed ICO =Installation by Company required OH =Overhead ICU =Already Installed and connected by Customer UG =Underground CCO =Company connect required; Already Installed by Customer RCO =Removal by Company required RCU =Already Removed by Customer ANX =Annexed into City Municipal Customer Signature Title Date Phone # Return Fax # f p L .~/ Gt'~S S'c,(. ~C ii' I S O r~ Printe Customer Name This docume is inten d t provide notification to Rocky Mountain Power (Company) that the municipal customer, ~ (Customer), has made, or is requesting the following changes to be made to the street li hting system for w ' h they are billed. All changes requested are subject to the terms and conditions of the rate schedule indicated above, so long as the location, type of lighting and rate schedule are appropriate and acceptable to the Company; Customer will be notified if the Company is not in agreement with the requested changes. The Customer is responsible for the design of fixture locations, sizes and types. Note: Customers shall not make connections with Company-owned facilities. Facilities installed by Customer prior to approval by Company cannot be guaranteed connection by Company. Customers may not install or maintain any facilities within 10' of overhead primary voltage lines. If there are advance dollars required for installation, removal or connection as per the appropriate tariff, an agreement will be sent to the Customer. Attach additional sheet(s) as necessary. www.rockymtnpower.net Customer Service: 1-888-221-7070 v ROCKY MOUNTAIN POMIER -~ G1 ~~ w w N O O ~`---,._ ,... _. __ ~IJ 1.nu?~aN_j.~~ {tf.~ .jttr.~(~ ~ {c~ ~ ra,r~l b va c~ O [~ • ~