HomeMy WebLinkAboutMULTI DOCS - 06-00471 - Sky Meadows - Final Plat~~~~~~
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19 E. Main (PO Box 280) Phone: 208-359-3020 x2
Rexburg, Idaho 83440 Fax: 208-359-3024
unvw.rexburg.org comdev(c~rexbura.ora
Final Plat Application I~EGEIVED
SEP Z ~ 2006
Application for Approval of Subdivision Plat
t;lTY OF REXBURG
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 Plats
All Preliminary Plats shall be 24" x 36" foldable, drawn to scale, North point, dated.
The following shall be shown on the Preliminary Plat or shall be submitted separately:
1. The name of the proposed subdivision: Sky Meadows
2. The location Pole Line Road east of 2"d East Acreage 40.9 Number of Lots 87
3. The names, addresses and telephone numbers of the subdivider or subdividers and the
engineer or surveyor who prepared the plat:
Subdivider
Name: Vista Funding, Inc.
c/o Joseph Barton
Phone Number: 831-429-2472
Engineer
Name:The Dyer Group, LLC
Phone Number: 656-8800
Surveyor
Name: same as above
Phone Number:
Address: 2175 La Madrona Road
Santa Cruz, CA 95060
Cell Number: 831-566-0421
Address: 310 N 2"d East #153, Rexburg
Cell Number: 390-9700
Address:
Cell Number:
4. The name and address of all property 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. submitted with preliminary plat
5. T'he legal description of the subdivision. see plat
6. A statement of the intended use of the proposed subdivision, such 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. single
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. proposed plat covers entire property
8. A vicinity map showing the relationship of the proposed plat to the surrounding area (1/2 mile
of minimum radius, scale optional). submitted with nreliminary 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 = 44' wide with curb and
gutter, 7' boulevard, and 5' sidewalk
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. Andproposed 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). attached
14. Any dedications to the public and/or easements, together with a statement of location,
dimensions, and purpose of such. see. plat (streets, inluding 50' for Pole Line Road)
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?
presently agricultural use, zoned LDRl
2. Does subdivision conform to present zoning? ,des
3. Requested zoning: already LDRl
4. Variance Requested: Yes No X (If yes, attach written request)
5. Requesting annexation to City? In Ci
~TEMS FOR CONSIDERATION
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 covered by impact fees
d. Schools 175 pupil increase in enrollment distributed among all grades
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 Connects to Pole Line Road,
future connection to connects to Pole Line Road, future connection to 2"d East through property
to the north
h. Behavior of wildlife species already disturbed area
i. Water 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 catch basins and infiltrators
m. Extent of increased city road maintenance, including snow removal roads in subdivision
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 existing development
2. Probably adverse environmental effects which cannot be avoided
a. Traffic Use moderate (89 cars per hour peak)
b. Rights-of--way required dedicated to City, including 50' on north side of Pole Line Road
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
4. Measures taken to minimize harmful effects on environment
a. Effects of construction activities dust and noise during construction, minimal traffic disruption
b. Erosion control BMP's followed
c. Stream pollution prevention N/A
d. Borrow-pit rehabilitation backfill behind curbs
e. Fencing private lot fencing
f. Buffer zones consistent with adjacent uses
g. replacement of parklands or farmlands impact fees cover recreation, 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, established
zoning, and approved preliminary plat
3
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Findings of Fact
City of Rexburg
12 North Cenfer Phone: 208.359.3020
Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3022
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Sky Meadows
Final Plat
1. On September 21, 2006, The Dyer Group presented to the Rexburg Planning & Zoning Coordinator a
Request and Application for a Final Plat for Sky Meadows.
2. On December 7, 2006, Winston Dyer presented to the Rexburg Planning & Zoning Commission the
Request for approval of the Final Plat for Sky Meadows.
Dan Hanna motioned to recommend to City Council to approve the Final Plat for Sky Meadows with the
conditions that access be denied onto Poleline Road from any lots, onto Ridgeview Drive from Block 21ot 1
and Block 1 Lot 5, and onto Sunny Lane from Block 1 Lot 1. In addition, we require in the development
agreement that the storm water retention area be landscaped, which is identified as Block 3, Lot 1. Also,
that Block 2 Lot 21 be required to be maintained in the same manner as the storm water retention area.
Mary Ann Mounts seconded the motion.
Dan Hanna amended his motion to add that all terms of the development agreement be fulfilled with
respect to approval. Mary Ann Mounts seconded. None opposed. Motion carried.
3. Council Member Stevens moved to approve the Final Plat for Sky Meadows with a dark line on the
recorded plat restricting the access onto Poleline Road and a recorded document restricting access onto
Poleline Road; along with standardized fencing adjacent to Poleline Road; Council Member Young seconded
the motion; Discussion: Mayor Larsen called for a vote.
Those voting ave
Farrell Young
Donna Benfield
Bart Stevens
Those voting nay
Christopher Mann
The motion carried.
• •
Craig Rindlisbacher
From: Winston Dyer [wdyer@thedyergroup.com]
Sent: Thursday, March 22, 2007 5:26 PM
To: Craig Rindlisbacher
Cc: Gary Leikness
Subject: FW: Founders Square Street Names
Craig
Can you check the list to see if these are usable? If so, then please add them to the list so they will be
reserved for this development (being done by Red Rock development on the property immediately north of Sky
Meadows).
Let me know what you find out...thanks.
From: hans@redrockdevelopmentgroup.com [mailto:hans@redrockdevelopmentgroup.com]
Sent: Thursday, March 22, 2007 3:17 PM
To: Dick Dyer
Cc: Brent Coles; Spencer Burton
Subject: Founders Square Street Names
Dick,
As you may have already noticed from the layouts that Sherry sent you, the steet names are now on the plans.
However, here are the street names listed so you can send them on to Craig for us:
Washington Blvd.
Jefferson Dr.
Adams Ct.
Monroe Ct.
Franklin Dr. -- 1~A1.t.f/"y V ~
Harrison Dr.
Paul Revere Ln.
Hamilton Ln.
John Hancock Ave.
Madison Ave. (This is the one that connects to Wildflower Dr.)
Thanks, ~ N-iGtF ~"~ ~
Hans
-------- Original Message --------
Subject: Founders Square- Prints
From: "Sherry McKibben" <sherrym(a~mckibbencooper.com>
Date: Thu, March 22, 2007 5:56 am
To: "'Winston Dyer"' <wdXer(c~thedyergroup.com>
Cc: <hansna=,redrockdevelopmentgroup.com>, "Brent Coles"
<hbcoles e,msn.com>, "'Jeremy Ba~"' <jeremys),mckibbencoo ep r.com>•
Hi Dick,
Here is our latest layout for the Red Rock Development Group-for your meeting today, at 24x36 and 11x17.
They will talk to you about the street names they selected-Madison Avenue may need to have the same name
as the street coming from your subdivision to the south....
Once you get to it, we would like to see some minor variations in lot widths on the west side so the homes don't
alt end up looking alike.
Thank you,
Sherry
Sherry McKibben, AIA, LEED AP
McKibben + Cooper Architects/Urban Design
515 West Hays Street
Boise, Idaho 83702
208.343.7851 v+f
IMPORTANT NOTICE: This communication from McKibben + Cooper Architects, including any attachments,
contains information that may be confidential or privileged, and is intended solely for the named designated
recipient to whom it is addressed and for the specific purpose intended. If the reader of this message is not the
intended recipient or the intended recipient's agent, you should delete this message and are hereby notified that
any review, disclosure, dissemination, copying, or distribution of this message is strictly prohibited. Nothing in
this a-mail, including any attachment, is intended to be a legally binding signature, unless otherwise noted. If
you have received this communication in error, please notify us immediately at the a-mail address set forth
above.
DEVELOPMENT AGREEMENT
SKY MEADOWS SUBDIVISION
OF THE OF REXBURG
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AGREEMENT, made this ~-~ dap of d 2007, by and between the CITY
OF RFXRURG, a municipal corporation (hereinafter called "City"}, with a mailing address at 12
North Center, P.O. Box 280, Rexburg, Idaho 83440, and SKY MEADOWS DEVELOPMENT,
LLC (hereinafter called the "Developer"), with a mailing address at: 2175 La Madrona Rd., Santa.
Cruz, CA. 95060.
WITNESETH:
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 (hexeaftex referred to as the "Development") is more
particularly described in EXHIBIT "A-1 "Final Plat Skv Meadows" and EXHIBIT~,A-2 "Final Plat
Sky Meadows", both of which are attached hereto and by this reference and 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 identified in the caption of this 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 SKY MEADOWS. '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 a part hereof;
DEVELOPMENT AGREEMENT - 1
Instrument # 338127
REXBURG, MADISON, IDAHO
2007-06-21 01:40:00 No. of Pages: 19
Recorded for : BLAIR KAY
MARILYN R. RASMUSSEN Fee: 0.00
Ex-Officio Recorder Deputy
2. IMPROVEMENT PLANS. Developer has filed, or will file, and the City Engineex 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, stxeet 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 in full. Improvement
plans for any water, wastewater or storm drainage facilities are also to be submitted to the Idaho
Division of Environmental Quality ("DEQ") for review and approval. It is the responsibility of
Developer to obtain DEQ approval prior to starting any construction on water, wastewater, or
storm drainage facilities.
3. CONSTIZUCTION 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 the Environmental Protection Agency ("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 the public improvements need to be completed in the interest of the
public health, welfare or safety prior to the scheduled time when Developer would otherwise install
DEVELOPMENT AGREEMENT - 2
the improvements, Developer will forthwith construct such public improvements. This Section 5
will only be effective following a finding by the City Council at a regularly scheduled City Council
Meeting. The City Council must determine that the public improvements are needed prior to the
scheduled construction time determined by Developer. Following a finding by the City Council, if
Developer does not commence construction of such public improvements within a reasonable time
or if Developer does not complete construction within a reasonable time thereafter, the City may
move on the Developers bond and construct or have constructed such public improvements at
Developer's expense. In order for the City Council to make a finding at a City Council Meeting, the
Developer must be given at least ten (10) days advance written notice of the date and place of the
meeting and Developer must be given an opportunity to be heard at such meeting. At or before the
meeting, the City Engineer shall furnish Developer a cost estimate fox 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 I5PWC)
SEWER LINES (To be inspected not later than 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
DEVELOPMENT AGREEMENT - 3
• Bacteriological testing
• Genexal inspection of fire hydrants, valves, and other water facilities (To be completed by
the City's Water Department)
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 map 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 Irrxprovement 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 vexiical location of all water,
sewer and storm drain lines, individual building service lines, curb and gutter alignment and street
grades. The Corrected Improvement Plans shaIl also specifically show all changes between the
original Improvement Plans and the public unprovements 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. The
Project Engineer shall also deliver to the City Engineer all compaction reports, daily construction
DEVELOPMENT AGREEMENT - 4
logs, reports, written tests, pressure test results on all water lines, bacteria tests on all water lines,
pressure tests on all wastewater lines, analysis and other data as may be necessary to verify or
support the certification of the Project Engineer.
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 in
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 for a period of one (1) pear after acceptance of the Development by the City, provided
nothing herein shall limit the time within which the City map 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.
DEVELOPMENT AGREEMENT - 5
10. WATER & SEWER HOOKUP FEES & MONTHLY UTILITY RATES. Water and
sewer hookup fees and monthly utility rates are established by City Resolution. Such rates are
subject to updating from time to time. Developers of individual homes will be required to pap for
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 anal purchase
the necessary water meter materials as specified by the City Water Deparhnent, for use in the water
service connection. The home owner's developer or his plumber will be responsible fox acquiring
the required plumbing permits and fox 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 (EXHIBIT B-
1). It is the policy of the City to pay far 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 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 construction unless special arrangements
axe made with the city engineering department. 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
DEVELOPMENT AGREEMENT - 6
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) pear 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.
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 declaxe the entire unpaid balance immediately due and payable and collect
such sums in the manner provided by law, or map pursue any other remedy set forth herein or as
map 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 for 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
DEVELOPMENT AGREEMENT - 7
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. Prior to the commencement of the
Shared Work, Developer shall obtain and deliver to the City three (3) independent bona fide bids for
the performance of such work from qualified and responsible contractors. Such bids shall be
solicited and itemized in a manner which allows clear and specific identification of that portion of
the construction work for which the City is responsible, or the City and the Developer map agree
upon an equitable amount covering the City's participation in the shared work within the
Development. The City shall have no obligation to pap for any portion of the costs of the Shared
Work unless prior to the commencement of the work the parties have expressly agreed in writing to
a specific amount for which the City will reimburse the Developer. Payment of such costs by the
City shall be due within thirty (30) days from acceptance of the Development by the City and
delivery of an itemized statement to the City setting forth in detail the total amount of the costs for
which the City. is responsible.
15. OCCUPANCY. No building within the Development shall be used or occupied for any
purpose other than for 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 anp material respect, the City may withhold the issuance of anp building permits,
certificates of occupancy ar 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
DEVELOPMENT AGREEMENT - 8
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 pap 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 for all property within the- Development have ~een-
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.
20. BONDS. Prior to the beginning of construction, the Developer is 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.
DEVELOPMENT AGREEMENT - 9
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 waiting 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. SEVERABII.ITY. If any provision of this Agreement is determined to be invalid or
illegal, the remainder of the Agreement shall not be affected.
27. WAIVER. Waiver by the City of any breach of any term, covenant or 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. EFFECTIVE 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.
[Signature Pages to Follow]
DEVELOPMENT AGREEMENT - 10
FOR THE CITY OF REXBURG
A RO AS TU
Public orks Dire tor/ City Engineer, John Millar
APPROVED
By: a ..r. ~.... r~,,.~
Mayor, Shawn Larsen
STATE OF IDAHO )
. ss.
County of Madison )
ATTEST:
By: -t~.,~ ~
City Clerk, Bla.ix Kay
(SEAL)
On this "'1 ~ day of e , 2007, before me, the undersigned, a Notary
Public fox 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, anal acknowledged to me
that such City executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the dap
and year first above written.
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Notary Public for Idaho
Residing at Rexburg, Idaho
My Commission Expires: ~ I u- (~
DEVE~,OPMENT AGREEMENT - 11
DEVELOPER
Sky Meadows Development, LLC
2175 La Madrona Rd.
Santa Cruz Ca. 95060
By: Hawk Enterprises, LLC, a California limited liability company.
Its: Managing Member
Bebe H. Barton, President
(SEAL
STATE OF California)
County of Santa Cruz)
. ss.
On this ~ day of 0. 2007 before me, the undersigned, a Notary
Public for said State, personally appeare Bebe H. Barton, known or identified to me to be the
Authorized Agent of the Limited Liability Company that executed this instrument, and
acknowledged to me that such Limited Liability Company executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first above written.
~~~
Notary Public
Residing at: a. 5 J~. lit' ~~~ wa
My Commission Expires: ` ~ D
.~~ ~ ._
~SF.AT") y~~:,~.4 C4iRiS l~tEltV
'. CorrmIssion ~` 1587670
z ~ e~ m, z
a Pfotary Public - Califatnia Z
~ ~ ~ Santa Cruz County
My Comm. (Expires Jun 16, 2009
DEVELQPMENT AGREEMENT - 12
Special Conditions
The City of Rexburg (hereinafter referred to as "City") and Sky Meadows, LLC (hereinafter referred
to as "Developer"), hereby agree to the following additional terms and conditions:
(All shared costs will be determined before construction begins)
1. STREET IMPROVEMENTS. The City will not share in the cost of any steeets of the
subdivision and they shall be built accoxding to typical section no. 1 (see EXHIBIT B-1). The
construction of Poleline Rd. will be constructed in accordance with the requirements of typical
section no. 5 (see EXHIBIT B-2). The City shall pap for all costs of any paving of widths over 19.5
feet. The City shall pay for all costs increasing the paving structure on Poleline Rd. over structure
called for in typical section no. 1 or no. 2 (see EXHIBIT B-1). Developer shall be responsible for
construction of the curb on the north side of Poleline Rd.
2. WATER FACILITIES. The Developer will be required to provide adequate pressure to
all lots in the subdivision. (IRPDWS 552.01b minimum 40 psi, normal working pressure 60 psi.)
The Developer will be required to install all onsite water lines at their expense. The Developer will
also be required to install offsite water lines to the Development at Developer's expense. The City
will pap to upsize the water line from a 10 inch to a 12 inch water line along the portion where
Sunrise Dr. will be built.
3. 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 Development.
DEVELOPMENT AGREEMENT - 13
4. SANITARY SEWER FACILITIES. A regional lift station and pressure sewer line will
need to be constructed to service the Development.. The Developer will be required to pap a
proportionate share of the regional lift station as determined by the City. The proportionate share
to Developer will be 6.2% of the total cost of the regional lift station and pressure sewer line. The
Developer will be responsible for the installation of all onsite sewer collection as well as the offsite
main line to the lift station.
5. 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
6. STORM SEWER FACIIITIES. The Developer will install all onsite storm drainage
facilities, including the main line to the offsite detention facility. The Developer will be responsible
to pay a proportionate share of the detention and disposal facilities, which will include construction
of detention and disposal facilities, and land acquisition. The proportionate share to Developer will
be 6.2% of the cost of the detention and disposal facilities and the land acquisition.
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 or subsequent builders shall provide to the
City individual lot site grading plans for storm water runoff. These plans shall. be provided before a
building permit will be issued for any lot. Failure to comply with the site grading plans will be
justification for with holding the certificate of occupancy.
END OF SPECIAL CONDITIONS
DEVELOPMEl~T AGREEMENT - 14
FOR THE CITY OF REXBURG
APP VE S T~ RM:
Public rks Dire or/ City Engineer, John Millar
APPROVE
Mayor, Shawn Larsen
ATTEST:
By: ~ ~
City Clerk, Blair Kap
DEVELOPER
Sky Meadows Development, LLC
2175 La Madrona Rd.
Santa Cruz Ca. 95060
(SEAL)
By: Hawk Enterprises, LLC, a California limited liability company.
Its: President
Bebe H. Barton, President
DEVELOPMENT AGREEMENT - 15
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