HomeMy WebLinkAboutAPPLICATION, SUBDIVISION MAP, DEVELOPMENT AGREEMENT, & CORRESPONDANCE - 06-00477 - Rock Creek Hollow, Phase 1 - Final Plat.'
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/Final Plat
City of Rexburg
12 Norfh Center Phone: 208.359.3020
Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3022
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CITY OF
REXBURG
America's lamily Community
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
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:
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1. The name of the proposed subdivision:
2. The location ~~ J`~ ~~~~ ~ ~r-X~v- Acreage /d ~~ Number of Lots y~
3. The names, addresses and telephone numbers of the subdivider or subdividers and the
engineer or surveyor who prepared the plat:
Subdivider c u //
Name: ~!`i/vcy Lv~~vV ~~3f Address: / ~' ~ ~ ~1~, ~~ ~'~~r~sGtiz /~i~ ld,~ iw F~,~
Phone Number: Z ~` ~2~ '' y-$i'Q Cell Number: /~~
~' ~X : cn"Z' S~ ~S ~j.t0!
Engineer
Name: T~r's~/~i ~S S . Address: l~~ ~ ~ '=~~ G_ /C`~c~/oyr~ (!/.
Phone Number: 2~~3SC ` ~~'2O ( Cell Number: K~y~O
Surveyor ~~ : ?~ ~~ ~ (;~ b
Name: ~~s~-/~1 Gl s~, Address:
Phone Number: 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.
5. The legal description of the subdivision.
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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 play>>grounds, schools, churches or other public areas.
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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.
8. A vicinity map showing the relationship of the proposed plat to the surrounding area (1 /2 mile
of minimum radius, scale optional).
9. Streets, street names, rights-of--way, and roadway widths, including adjoining streets or
roadways, curbs and sidewalks.
10. Lot lines and blocks showing the dimensions and numbers of each.
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.
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.
13. A copy of any proposed restrictive covenants and/or deed restrictions. (To be attached or
submitted with final plat).
14. Any dedications to the public and/or easements, together with a statement of location,
dimensions, and purpose of such.
Please complete the following: (If not applicable, please fill in with N/A)
1. What is the lannd use and existing zoning of the proposed subdivision and the adjacent land?
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2. Does subdivision conform to present zoning? ~- S
3. Requested zoning: r" ~ /
4. Variance Requested: Yes No ~ (If yes, attach written request)
5. Requesting annexation to City? ~ ~
2
ITEMS FOR CONSIDERATION
Probably impact of the proposed project on the environment effect on:
a. Public safety and convenience
b. Fire, police, and ambulance services
c. Recreation
d. Schools
e. Displacement or relocation of people
f. Land values
g. Local and long-distance travel, i.e., highway and local road impact
h. Behavior of wildlife species
i. Wager quality and effect on underground water supply
j. Noise pollution
k. Air pollution
1. Method proposed to dispose of storm drainage waters
m. Extent of increased city road maintenance, including snow removal
n. Flood plain -methods proposed to alleviate effect of 100-year flood; effect on adjacent properties.
o. provisions for housing for persons of low and moderate income
p. Harmony with the character of surrounding developments
2. Probably adverse environmental effects which cannot be avoided
a. Traffic Use
b. Rights-of--way required
c. Pollution effect on existing environment
3. Relationship between local short-term uses of man's economic environment and the long-term
productivity.
a. Existing vs. proposed tax base
b. Costs to City if proposal approved (annual)
4. Measures taken to minimize harmful effects on environment
a. Effects of construction activities
b. Erosion control
c. Stream pollution prevention
d. Borrow-pit rehabilitation
e. Fencing
f. Buffer zones
g. replacement of parklands or farmlands
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?
IF YOU HAVE ANY QUESTIONS, PLEASE CONTACT THE REXBURG PLANNING AND BUILDING DEPARTMENT
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Findings of Fact
City of Rexburg
12 North Center Phone: 208.359.3020
Rexburg, ID 83440 www.rexburg.org Fax: 208.359.3022
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CITY O F
REXBURG
America's Family Community
Rock Creek Hollow, Phase
Final Plat
1. On September 26, 2006, Sainsbury Construction presented to the Rexburg Planning & Zoning Secretary a
Request and Application for a Final Plat for Rock Creek Hollow, Phase 1.
2. On October 5, 2006, Sainsbury Construction presented to the Rexburg Planning & Zoning Commission the
Request for approval of the Final Plat for Rock Creek Hollow, Phase 1. Mary Ann Mounts motioned to
recommend to City Council to approve the final plat for Rock Creek Hollow, Phase 1. Ted Hill seconded
the motion. None opposed. Motion carried.
3. On October 18, 2006, Public Works Director Millar reviewed preliminary plat for Rock Creek Hollow,
Phase 1. The plat phase one of a three to four phase development. This phase meets all set backs and
requirements. Planning and Zoning recommended the plat for approval. ,Council Member Schwendiman
asked about the status of the next phases in the development needing concessions. If the Planning
Ordinance is modified to allow unit clustering for planned developments, future planned phases could meet
the set back requirements. Council Member Erickson explained Planning and Zoning's position for
meeting the city code with a redesign. These proposals need to meet the current city code.
Council Member Erickson moved to approve the final plat for Rock Creek Hollow, Phase 1;
Council Member Benfield seconded the motion; Discussion: Council Member Young asked if the
developer would complete the landscape area. Mayor Larsen asked for a vote; all voted aye,
none opposed; the motion carried.
STATE OF IDAHO
DEPARTMENT OF
ENVIRONMENTAL QUALITY
9OO NORTH SKYLINE DRIVE, SUITE B • IDAHO FALLS, IDAHO 83402 • (208) 528-2650 JAMES E. RISCH, GOVERNOR
TONI HARDESTY, DIRECTOR
December 26, 2006
Sainsbury Construction Inc.
4697 N Haroldsen
Idaho Falls, ID 83401
Re: Rock Creek Hollow (Water & Wastewater)
Rexburg, DEQ No. 06-13-33
Gentlemen:
We received a revised plan of Rock Creek Hollow on December 22, 2006 submitted by Vern Muir. The plans and
specifications for the referenced system improvements appear to meet State standards and are hereby approved.
Our approval is for the design only. Final project approval will be given after it is established that the system is operating
properly. Deviations from the approved plans that might result in violations of Idaho Regulations must be reviewed by
this office prior to field installation. A copy of approved plans is attached.
This office must be kept informed of the scheduling of all construction phases so that spot inspections can be made as
necessary.
Within 30 days after construction, a professional engineer registered in the State of Idaho must provide this office with
as-built plans, or a letter of certification stating that the project was installed substantially according to the approved
plans.
If you have any questions in regard to this letter, please call me at (208) 528-2676
Sincerel
Gregory Eager, .E.
Regional Manager Engineering
Idaho Falls Regional Office
Attachments
c: Kelly Eager/Cristy Swenson, District 7 Health Department
John Millar, City of Rexburg
Husk Crowther, Forsgren Engineering
Steve Keys, ID Division of Plumbing
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P r , n t e tl o n R ~ c y c I e o P a u e .
STATE OF IDAHO
DEPARTMENT OF
ENVIRONMENTAL QUALITY
JOO NORTH SKYLINE DRIVE, SUITE B • IDAHO FALLS, IDAHO 83402 • (208) 528-2650 JAMES E. RISCH, GOVERNOR
TONI HARDESTY, DIRECTOR
December 20, 2006
Sainsbury Construction Inc.
4697 N Haroldsen
Idaho Falls, ID 83401
Re: Rock Creek Hollow (Water & Wastewater)
Rexburg, DEQ No. 06-13-33
Gentlemen:
This letter is in regard to the Rock Creek Hollow Plans. The plans and specifications for the referenced system
improvements appear to meet State standards and are hereby approved provided:
A "will serve" letter from the City of Rexburg for water and wastewater services is submitted to this office.
Our approval is for the design only. Final project approval will be given after it is established that the system is operating
properly. Deviations from the approved plans that might result in violations of Idaho Regulations must be reviewed by
this office prior to field installation. A copy of approved plans is attached.
This office must be kept informed of the scheduling of all construction phases so that spot inspections can be made as
necessary.
Within 30 days after construction, a professional engineer registered in the State of Idaho must provide this office with
as-built plans, or a letter of certification stating that the project was installed substantially according to the approved
plans.
If you have any questions in regard to this letter, please call me at (208) 528-2676
Sincerely,
Gregory Eager, P.E.
Regional Manager Engineering
Idaho Falls Regional Office
Attachments
c: Kelly Eager/Cristy Swenson, District 7 Health Department
John Millar, City of Rexburg
Husk Crowther, Forsgren Engineering
Cris Crister, Plumbing Bureau
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P r , n [ e d o n F e c y c I e d P a p e r
Fo~sc~aE
December 22, 2006
John W Millar P.E./P.L.S.
Public Works Director/City Engineer
City of Rexburg
12 N. Center
Rexburg, ID 83440
Dear Mr. Millar:
Here are the changes we made to the following review items on Rock Creek
Hollow:
Item 1: How is the sewer to be abandoned?
The sewer is to be abandoned in place with the sewer manholes removed from the
site according to note 14 on C-02 and C-03 of the design drawing set.
Item 2: Verify location of lines to be abandoned.
Changed location of the existing sewer line and water line according to information
received from the city.
Item 3: The City of Rexburg requests that a two inch meter be used to provide services to each
20 units during this phase of development. Meter locations need to be identified on plan.
Followed your request and put in two 2" meters to serve 20 units each, see C-02
and C-03 of the design drawing set for location.
Item 4: Manholes will need to be installed at tie-in locations on Mariah Ave.
Move manholes to existing sewer line on Mariah Ave, see sheet C-02 and C-03 of
the design drawing set.
Item 5: Use the 2005 edition of ISPWC.
Change note on C-Ol of the design drawing set to say "Idaho Standards for
Public Work Construction (ISPWC) standard details -current edition.
Item 6: Page C-03 on the north end of project needs a water valve.
Added the Valve on sheet C-03 of the drawing set.
Item 7: Mailbox location in sidewalk?
Changed location of Mailbox, see left side of sheet C-02 of the Design Drawing set.
350 North 2nd East • Rexburg, Idaho 83440 • 208.356.9201 • Forsgren.com
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John W Millar P.E./P.L.S. December 22, 2006
Public Works Director/City Engineer
Item 8: Profiles of water and sewer lines are needed.
Did not do this, DEQ has approved previous design sets with out them and have
typically not developed plan and profiles for site plans. However, we understand
this development might require plan and profiles due to the interior roadway. If
required by DEQ, we will provide the plan and profiles.
Item 9: Cleanouts can only be at ends of lines not intermediate locations.
Change one clean out to a manhole and remove the intermediate cleanout.
Item 10: Sidewalks should be constructed to City of Rexburg requirements. The handicap ramp
shall have truncated domes per City of Rexburg and ADA Requirements.
Added a note to drawing stating to install sidewalk per ISPWC SD-709 and City of
Rexburg standards, see sheet C-04 and C-OS of the design drawing set.
Sincerely,
~r/~~-~
Husk Crowther, P.E.
Division Manager
HC/dla
Attachment: Rock Creek Hollow Design Drawings
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December 28, 2006
Mr. Willie Teuscher P.E.
Division of Environmental Quality
900 North Skyline Drive
Suite B
Idaho Falls, Idaho 83402
Re: Rock Creek Hollow Phase 1
Dear Willie;
CI"CY O F
REXBURG
Ameriia's f=amily Cnmmuniry
We have reviewed the plans and specifications for the proposed Rock Creed Hollow Phase 1 Subdivision
and have approved the engineering plans with minor revisions. We have also determined that the city has
adequate capacity in our water systems and wastewater system to meet the demands resulting from this
development. The City Of Rexburg will be maintaining all water, wastewater and storm water facilities
within the public-right-of ways. The developer will be paying connection fees that will be used for the
expansion of our systems capacities. Water and wastewater mains are adjacent to this development and the
city has planned for this area to be developed. We are requiring that as constructed plans and test results be
submitted prior to our acceptance of this or any other development. We will see that you are also provided
a copy of the final documents.
If you have questions or need further information please contact me at any time.
Sincerely,
John W. Millar P.E./L.S.
Public Works Director
John Millar Public Works Director 12 N. CenterBexbuvg, ID 83440 P. O. Box 280
Phone (208) 359.3020 ext. 329 Fax (208J 359.3022
jobnm@rexburgorg avrvw.rexburg.org
Dec 07 06 11:49a Madison County Pand Z 208-359-6261 p.2
_.~ U /2005 TKII 8; 40 FAQ ~8 524 6181 MOUNTAIN RIVER F~yGINEERI ~ (~ 002/002
Mountain River, Inc.
~ANSU~,TIHG F.hIG1NEER5 ANb tANO SURYEYOR$
December 7, 2006
Rock Creek Hollow -Phase I
SHEET 1 Or 1
1. The text and line work in some azeas are too light/small, ID CODE SO-1304, the drawing or
diagram representing the survey of the subdivision shalt be drawn at a scale suitable to insure
clarity of all lines, bearings and dimensions. The silver image process will lighten this up
considerably, and then making copies will be even less legible.
2. Some of your line work is going through text.
3. What monument is being set or found along Pioneer mad at curve 4, nothing matches the
Legend.
4. Remove phase 2 and 3, they are not relevant to this platting.
5. Remove the curb, gutter, and approaches, they are not existent.
6. The legal description is duplicated on the plat; just make a reference in the owner's
dedication to the instrument number.
7. All of the curves described in the legal description are going in the wmng direction.
8. Add the acreage to the legal description.
9. Show.the resrof the plat boundary, why is this missing?
10. Label tht POllVT OF BEGINNING.
1. What is the Basis of Bearings? .
12. Tie the plat to at least 2 PLS corners.
13. The owners name must be printed under the signature line.
14. Add a stataner-t of water supply, iD CODE 50-1334.
15. Note 7 needs to be removed, refer to iD CODE 50-1332.
e questions please call,
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J L Williams
208 524 G175
1020 host Uncoin Rood ~ Idaho Falls, ldQho 83401
Phone: (2538) 524.6175
Fax: (208) 524181
DEVELOPMENT AGREEMENT
ROCK CREEK HOLLOW, PHASE 1
OF THE CITY OF REXBURG
nd
AGREEMENT, made this 2 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 C. Tom Sainsbury. Hereinafter called the "DEVELOPER," whose
mailing address is: 4697 N. Haroldsen Dr. Idaho Falls, Idaho 83401
WITNESETH:
WHEREAS, Developer is the sole owner, in law ar 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" Rock Creek Hollow. Phase 1 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 Rock Creek Hollow. Phase 1. 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;
DEVELOPMENT AGREEMENT - 1 Qwner C o
pY
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 fines, 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 in full. Improvement
plans fox any water, wastewater or storm drainage facilities are 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 fiunish 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
unprovements 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 lines, 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 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.
DEVELOPMENT AGREEMENT - 4
8. ACCEPTANCE OF DEVELOPMENT. Upon satisfactory completion of such public
unprovements 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) 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 are established by City Resolution. Such rates are
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, for use in the water
service connection. The home owner's developer or his plumber will be responsible for 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. Street construction and maintenance will be the responsibility of
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.
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.
DEVELOPMENT AGREEMENT - 6
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 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 axe 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. 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 may agree
upon an equitable amount covering the City's participation in the shared work within the
Development. The City shall have no obligation to pay 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
DEVELOPMENT AGREEMENT - 7
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 any material respect, the City may withhold the issuance of any building permits,
certificates of occupancy or 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 for 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
DEVELOPMENT AGREEMENT - 8
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 may be required to file
with the City the Bonds as required ui 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 CUMULATNE. 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, 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.
DEVELOPMENT AGREEMENT - 10
FOR THE CITY OF REXBURG
APPROVED AS TO FORM:
Pub c Works Director/ City Engineer, John Millar
APPROVED
BY~ ~- ATTEST:
Mayor, Shawn Larsen ~
By: ~ .
City C~~e~~i~~Blair Kay
STATE OF IDAHO) ` V'GO~l' ~`
. ss. ? __
County of Madison) ~ ~~':~ ::~~
~•.,
On this "'I day of January, 2007, be~~~t~wt~dersigned, 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.
Q~~f''
~~ ~pTARY
'J-
..-~" i
PUBS-~{'' d~..
~.._.....-~• ~~P~
I ~ pF , • ,
Notary Public for Idaho
Residing at Rexburg, Idaho .~ /~
My Commission Expires: l b
DEVELOPMENT AGREEMENT - 11
DEVELOPER
C. Tom Sainsbury.
4697 N. Haroldsen Dr.
Idaho Falls, Idaho 83401
By: C. Tom
Its: Owner
(SEAL ~"
STATE OF ho)
County of Madison)
ss.
n
On this ~i ~~~'~-day of January, 2007 before me, the undersigned, a Notary Public for said
State, personally appeared C. Tom Sainsbury that executed this instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first above written.
,~.~`~~,P. ~•• "A'9~c~ Notary Publi ~ _
';9 ~ Residing at:~ (~ ~ ~ S~~ ~ ~~;~ t. ~.G`~`
I~10TRgy My Commission Expires: ~ ~( ~~ (f J
_ ...
`a
(SEAL) ~ ~ p~~
~iy~tf j4 . ,.~0\`~\`.
~ih~ OF 10P.~~~~
*******************************************************************************************
DEVELOPMENT AGREEMENT - 12
Special Conditions
The City of Rexburg, hereinafter referred to as `City' and C. Tom Sainsbury, hereinafter referred to
as `Developer' hereby agree to the following additional terms and conditions:
1. STREET IMPROVEMENTS. The City will not accept responsibility fox any streets of
the Development.
2. 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.
3. 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
4. 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
5. 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 fox any lot. Failure to comply with the site grading plans will be
justification for with holding the certificate of occupancy.
END OF SPECIAL CONDITIONS
DEVELOPMENT AGREEMENT - 13
FOR THE CITY OF REXBURG
APPR VE AS TO FORM:
~.
Public orks Director/ ity Engineer, John Millar
APPR ..~D f
By: ~c w' ~ ~,~ ,r ~----
Mayor, Shawn Larsen
DEVELOPER
ATTEST:
By: l~.d.~--~ .D
City Clerk, Blair Kay
~SE A,~~~~utttlutinrpir~ii
-~•:~ ~ PRAT
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J ~~
f///i/~~fs~l~ iIl ICI ufO~ ~~ \\\\\`\
DEVELOPMENT AGREEMENT - 14
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