HomeMy WebLinkAboutDEVELOPMENT AGREEMENT - 18-00305 - Approx. 1000 Yellowstone Hwy - Thomson Farms - The Grove Final Plat Phase 1Instrument # 420273
REXBURG, MADISON, IDAHO
11-29-2018 11:41:67 AM No. of Pages: 92
Recorded for: CITY OF REXBURG
KIM H. MUIR Fee: 0.00 ` I .'7
Ex -Officio Recorder Deputy W
DEVELOPMENT AGREEMENT
THE GROVE AT THOMSON FARMS PHASES 1-3
OF THE CITY OF REXBURG
AGREEMENT, made this11— day of hU, 2018, by and between the CITY
OF REXBURG, a municipal corporation (hereinafter called "City', with a mailing address at 35 N
1st E, P.O. Box 280, Rexburg, Idaho 83440, and RS17 REXBURG PREFERRED LLC (hereinafter
called the "Developer), with a mailing address at: 160 W. Canyon Crest Dr., Alpine, UT 84004.
WITNESSETH:
WHEREAS, Developer is the sole owner, in law or equity, of a certain tract of land in the
County of Madison, State ofIdaho, which land (hereafter referred to as the "Development's is more
particularly described in EXHIBIT A-1 "THE GROVE AT THOMSON FARMS PHASE I"
EXHIBIT A-2 "THE GROVE AT THOMSON FARMS PHASE 2" and EXHIBIT A-3 "THE
GROVE AT THOMSON FARMS PHASE 3" of which are 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 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 THE GROVE AT THOMSON FARMS PHASES 1-3. The City
agrees to provide water and sanitary 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 18-00305, 18-00347, 18-00348
2. IMPROVEMENT PLANS. Developer has filed, or will file, 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. The City Engineer has reviewed, or
will review, the Street and Utility Improvement Plans for compliance with City requirements, and
upon satisfactory resolution of all issues, the City Engineer will approve the plans. 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 Department of
Environmental Quality ("DEQ") for review and approval. It is the responsibility of Developer to
obtain DEQ approval prior to starting any construction of 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 the Environmental Protection Agency ("EP)V") after developing a site-specific
Storm Water Pollution Prevention Plan.
DEVELOPMENT AGREEMENT - 2 18-00305, 18-00347, 18-00348
5. COMPLETION OF PUBLIC IMPROVEMENTS. Developer agrees that if a portion or
portions or the entirety of the public improvements associated with the current phase of development
need to be completed in the interest of the public health, welfare or safety prior to the scheduled time
when Developer would otherwise install 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, ifDeveloper 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
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. Minimum
inspection will include at least 2 hours of onsite inspection by the Developer's engineer each day the
contractor is working on improvements within the City or ITD right-of-way or on improvements that
will be owned by the City. The inspector is to keep a daily written log including weather, work being
done, testing and testing results, any changes or modification of the plans, any problems encountered
and communication with city staff. The record is to be in daily written form. The following minimum
testing is required as a stipulation of this Agreement; (All inspections to be done as per the current
Idaho Standards for Public Works Construction, ISPWC)
DEVELOPMENT AGREEMENT - 3 I8-00305, 18-00347,18-00348
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
Certification of compliance with plan location, elevations, and grade.
WATER LINES (CLASS 50 D
Pressure testing
Bacteriological testing (To be completed by the Contractor under the supervision of the City s
Water Department)
General inspection of fire hydrants, valves, and other water facilities prior to backfill (To also
be inspected by the City's Water Department)
ROAD CONSTRUCTION
Pass Density Tests on Sub base, Granular borrow, Road base, and Asphalt (One per every
1000 fe of roadway as per ISPWC.)
Field sampling (Gradations 2 per material)
Asphalt mix design
Concrete strength — one slump and 3 strength cylinders per 50 C.Y. of concrete.
Levelness testing on asphalt surface per ISPWC
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'D 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
DEVELOPMENT AGREEMENT - 4 18-00305, 18-00347, 18-00348
within the Development including the horizontal and vertical location of all water, sewer and storm
drain lines, individual building service lines, curb and gutter alignment and street grades. The GPS
location are to be shown for the termination of all service lines or main line extensions. The Corrected
Improvement Plans shall also specifically show all changes between the original Improvement Plans
andthe 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. 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 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. Failure to provide this information may result in the withholding of any building
permits until information is delivered and approved.
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, public utility right-of-way, or public utility easement 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:
Inspectors daily log or daily records
Water line test results
Sewer line test results
Road construction test results
DEVELOPMENT AGREEMENT - 5 18-00305, 18-00347,18-00348
Corrected improvement plans (AutoCAD format and paper copy)
Engineers certification of compliance with approved engineering plans
Setting of monument corners
Once all information is submitted to the Engineering Department, the City engineer will file a letter
accepting the Development for city control and maintenance, and the authorization to the Building
Department to allow building permits to be issued.
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. At least 25% of the Developer's bond or other
agreed upon surety shall remain in effect thru the warrantee period.
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 the
appropriate hookup fee for the size ofwater 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 for all costs associated with the installation of the water service connection.
11. STREET IMPROVEMENTS AND SIDEWALKS
DEVELOPMENT AGREEMENT - 6 18-00305,18-00347,18-00348
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 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 is
set out in the Special Conditions attached hereto.
SEAL COATING OF STREETS, All public streets within the Development are to be seal coated
with an approved chip seal coat within two (2) years of construction unless special arrangements
are 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 these
phases of Development. All sidewalks associated with each phase of the Development are to be
completed within not more than three (3) years after construction of each phase of the
Development is commenced. 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. STREET LIGHTS. Developer agrees to install street lights at each street intersection
and at a maximum distance of 400 feet along city streets and at the end of cul-de-sacs. Street Lights
will be installed according to Rocky Mountain Power guidelines. Street lights shall be as per current
engineering standard details, mounted on a 25 foot metal pole. Any deviation from these guidelines
will be at the discretion of the City of Rexburg Public Works Director. All fixtures are to be dark
sky compliant.
13. 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
DEVELOPMENT AGREEMENT - 7 18-00305, 18-00347, 18-00348
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.
14. ONSITE IRRIGATION SYSTEM REQUIRED. In accordance with state statutes any
lands historically irrigated with surface waters are to continue to be irrigated with surface waters. At
a future date this may require the construction of a separate irrigation system. Plans, specifications,
operations, and maintenance procedures are to be approved by the city engineer prior to construction.
15. 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.
16. PARTICIPATION BY CITY. The parties agree that those portions of the water mains,
storm water facilities 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, storm 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
DEVELOPMENT AGREEMENT - 8 18-00305, 18-00347,18-00348
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 delivery of an itemized
statement to the City setting forth in detail the total amount of the costs for which the City is
responsible. The City will not participate in the Developer Engineer costs unless specifically stated in
this agreement.
17. 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 that phase of Development have been completed and accepted by the City Engineer. The City
may withhold Certificates of Occupancy until all such work has been completed. The City also
reserves the right to withhold the issuance of building permits until conditions are met, in accordance
with the construction phasing plan.
18. 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.
19. 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
DEVELOPMENT AGREEMENT - 9 18-00305, 18-00347,18-00348
as set forth above and shall be deemed received upon its deposit in the United States mail in such
manner.
20. 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.
21. WATER RIGHTS. In accordance with City Resolutions the water rights historically used
on the Developers grounds for these phases of development are to be transferred to the City or used
for onsite irrigation as required by State statutes.
22. IRRIGATION DISTRICT RELEASE. Prior to the final approval of the Development,
Developer shall obtain a certification from the 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 are being used
for irrigation of the property or are being transferred from the property to the City 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.
23. BONDS. Prior to the beginning of construction, the Developer is required to file with
the City the Bonds or other approved sureties as required in the Subdivision Ordinance. Failure to
file the appropriate bonds will be justification to refuse the issuance of any building permits, and or
the allowance of connection to any City utilities.
24. 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
DEVELOPMENT AGREEMENT - 10 18-00305, 18-00347,18-00348
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.
25. 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.
26. 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.
27. 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 a Judicial District of the State of Idaho, Madison County, or in the United States
District Court for the District of Idaho.
28. 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.
29. SEVERABILITY. If any provision of this Agreement is determined to be invalid or
illegal, the remainder of the Agreement shall not be affected.
30. 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.
31. EFFECTIVE DATE. This Agreement shall become valid and binding only upon its
approval by the City and upon its execution by the Mayor.
DEVELOPMENT AGREEMENT - 11 18-00305, 18-00347, 18-00348
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day andyearfirstabovewritten.
Pages to Follow]
FOR THE CITY OF REXBURG
APPRO\ `D AS TO FORM: `\l% t' <
1GcCOTRPOARg1,
Public Wdrks Director/ City Engineer, Keith Davidson
OF 11
APP D ma
r
B ' ATTEST: B;
r, Jerry errill
By:
Clry Clerk, Deborah Lovejoy
SEAL)
STATE OF IDAHO)
ss.
County of Madison)
On this' day of n10t° e r , 2018, before me, the undersigned, a Notary PublicforIdaho, personally appeared Jerry Merrill, 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 suchCityexecutedthesame.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the dayandyearfirstabovewritten.
Not Public fox Idaho
Residing at Rexburg, Idaho
My Commission Expires: 0 13 2
DEVELOPMENT AGREEMENT - 12 18-00305, 18-00347,18-00348
DEVELOPER
RS17 REXBURG PREFERRED LLC
160 W. Canyon Crest Dr.
Alpine, UT 84004
By: Paul Bringhurst
Its: Manager
Paul Bringl rst, ana
STATE OF
ss.
County of 1
On this '— day of A VU4' 2018 before me, the undersigned, a Notary
Public for said State, personally appeared Paul Bringhurst, 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 dayandyearfirstabovewritten.
AN01'L JOHNSON
Holery Public
St4W Of Utah
AryOo NeO#NFe++N40.7010
co 16#1 N a a+
SEAL)
Notary Public
Residing at: bVjaj–j,, A 4f tr-'J'C-f-0qS
My Commission Expires:
DEVELOPMENT AGREEMENT - 13 18-00305, 18-00347,18-00348
Special Conditions — Phase 1
The City of Rexburg (hereinafter referred to as "City") and RS17 REXBURG PREFERRED LLC
hereinafter referred to as "Developer', hereby agree to the following additional terms and conditions
related to THE GROVE AT THOMSON FARMS, PHASE 1:
All shared costs will be determined before construction begins)
1. STREET IMPROVEMENTS The City will not share in the cost of any streets within
the development. The Developer shall be responsible for construction of the curb, sidewalks, and
streets within the development.
State Highway 33 / Yellowstone Highway
The existing State Highway 33 runs along the west edge of the property. The Developer
agrees to dedicate to the City land along the west edge of the property to provide a total right-of-way
width of at least 92 feet (including the width of the existing highway right-of-way).
The Developer agrees to widen the east side of State Highway 33 to the full planned width,
as required for the deceleration lanes recommended by the Traffic Impact Study, and to install curb,
gutter, and sidewalk per Rexburg Engineering Standards. The turn lanes into Thomson Farms Road
recommended by the Traffic Impact Study shall be constructed during Phase 1. All improvements
shall be approved by the Idaho Transportation Department.
Any costs associated with relocating the existing power poles will be the responsibility of the
Developer.
Thomson Farms Road
The Developer shall complete construction of the north portion of Thomson Farms Road
from State Highway 33 to the east edge of Phase 1 of the Development and the street shall be
constructed according to Typical Section No. 4 (see EXHIBIT B-1). The minimum constructed
DEVELOPMENT AGREEMENT - 14 18-00305, 18-00347,18-00348
asphalt width as part of Phase 1 shall be 25 feet. The Developer will be responsible to obtain an
access permit from the Idaho Transportation Department for the connection of the new street to
State Highway 33.
The complete street cross section of Thomson Farms Road shall be constructed from the
edge ofYellowstone Highway to a point at least 100 feet east of the right-of-way line, including the
curb and gutter on both sides of the street.
Stegeltneier Lane
Improvements to Stegelmeier Lane are not required as part of Phase 1.
Stonebridge Street
Construction of Stonebridge Street is not required as part of Phase 1.
Pedestrian Connectivity
Per City of Rexburg Development Code, the Developer is required to provide pedestrian
connectivity between the Development and the existing City sidewalks in 2"d East as part of Phase 1.
The Developer shall either install a cross walk across State Highway 33 as approved by the Idaho
Transportation Department, or construct a sidewalk along the southeast side of State Highway 33 to
the tie-in to 2"d East. All improvements in the State Highway 33 right-of-way shall be approved by
the Idaho Transportation Department. If the Developer constructs the sidewalk along the southeast
side of State Highway 33 to the tie-in to 2"d East, upon development of lands not owned by the
Developer along this sidewalk, the Developer will be reimbursed any sidewalk claw -back fees that
the City receives at the rate of the Claw -back Fee for Sidewalk Construction in affect at the time the
development occurs. This obligation for reimbursement shall terminate 10 years from the effective
date of this agreement.
2. WATER FACILITIES The Developer will be required to provide adequate pressure to
all lots in the subdivision. (IDAPA 58.01.08.552.O1.b minimum 40 psi, normal working pressure
between 40 and 80 psi.) The Developer will be required to install all onsite water lines at their expense.
The Developer will also be responsible for an area charge of $835 per acre for the area of the
development further than 250 feet from the water line considered for the Front Foot Charge
Resolution 2005 -10).
The cost to the Developer is: 2.78 acres X $835/acre = $2,321.00
DEVELOPMENT AGREEMENT - 15 18-00305, 18-00347, 18-00348
The Developer will be responsible for the installation of all additional water lines, service lines,
valves, fire hydrants and related work within the Development.
3. FRONT FOOT WATER CHARGE AND EXTENSIONS. The subject property has
approximately 394 lineal feet of frontage along an existing city water line that the City installed within
or adjacent to 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: 394 feet X $20/ft = $7,880.00
4. SANITARY SEWER FACILITIES A regional lift station and pressure sewer line have
been constructed to service the Development. The Developer will be required to pay a
proportionate share of the regional lift station and related facilities as determined by the City. The
proportionate share to Developer will be $780 per acre of development for the area of the
development further than 250 feet from the sanitary sewer line considered for the Front Foot
Charge (Resolution 2005-10). The Developer will be responsible for the installation of all onsite
sewer collection as well as the offsite main line to the nearest main line.
The cost to the Developer is: 2.78 acres X $780/acre = $2,168.00
The Developer will be responsible for the installation of all additional sewer lines, manholes,
and related work within the Development.
5. FRONT FOOT SANITARY SEWER CHARGES, The subject property has 394 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 line: 394 feet X $17.50/ft = $6,895.00
6. STORM SEWER FACILITIES The Developer will install all onsite storm drainage
facilities.
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:
DEVELOPMENT AGREEMENT - 16 18-00305, 18-00347, 18-00348
Front footage costs for storm drain charges: NONE.
8• QN SITE IRRIGATIONYSTEm If, at some time in the future, an onsite irrigationsystemisrequiredbyanystateoffederalagencythedeveloperorcurrentowneragreestoinstallaseparateirrigationsystemusingsurfacewaterasrequired.
9. WATE'I'S. The Developer agrees to transfer the water tights or shares associatedwithirrigationoftheland (5.671 acres) to the City. Based on discussions with the Teton Island CanalCompanypresident, 1 water share is required for each 10 acres ofland irrigated; therefore, the numberofsharesrequiredtobetransferredwiththisphaseofdevelopmentis0.57 shares. If the Developer
elects to transfer more shares to the City than are currently required, the Developer will be allowed tocontinuetousetheextrasharesforirrigationoftheportionofthelandremaininginagriculturalproduction, until the land is developed in future phases. The Developer will be required to reimbursetheCitytheyearlywatershareassessmentforthosesharesthatcontinuetobeusedforirrigationoftheundevelopedland.
END OF SPECIAL CONDITIONS PHASE 1
DEVELOPMENT AGREEMENT -17
18-00305, 18-00347, 18-00348
FOR THE CITY OF REXBURG
APPRO O FORM:
Public Wot s Director/ City Engineer, Keith Davidson
APPR D P
By:
M , Jerry trill
DEVELOPER
RS17 REXBURG PREFERRED LLC
160 W. Canyon Crest Dr.
Alpine, UT 84004
By: Paul Bringhurst
Its: Manager
ATTEST:
By: Llt
City Clerk, Deborah Lovejoy QJ
SEAL)
DEVELOPMENT AGREEMENT - 18 18-00305, 18-00347, 18-00348
Special Conditions — Phase 2
The City of Rexburg (hereinafter referred to as "City") and RS17 REXBURG PREFERRED LLC
hereinafter referred to as "Developer"), hereby agree to the following additional terms and conditions
related to THE GROVE AT THOMSON FARMS, PHASE 2:
All shared costs will be determined before construction begins)
1. STREET IMPROVEMENTS The City will not share in the cost of any streets within
the development. The Developer shall be responsible for construction of the curb, sidewalks, and
streets within the development.
Thomson Farms Road
The Developer shall complete construction of the north portion of Thomson Farms Road
for the portion of the road included in Phase 2 and the street shall be constructed according to
Typical Section No. 4 (see EXHIBIT B-1). The minimum constructed asphalt width as part of
Phase 2 shall be 25 feet.
Ste,gelmeier Lane
Improvements to Stegelmeier Lane are not required as part of Phase 2.
Stonebridge Street
The Developer shall complete construction of the west portion of Stonebridge Street for the
portion of the road included in Phase 2 and the street shall be constructed according to Typical
Section No. 1 (see EXHIBIT B-1). The minimum constructed asphalt width as part of Phase 2
shall be 27 feet.
2. WATER FACILITIES The Developer will be required to provide adequate pressure to
all lots in the subdivision. (IDAPA 58.01.08.552.O1.b minimum 40 psi, normal working pressure
between 40 and 80 psi.) The Developer will be required to install all onsite water lines at their expense.
The Developer will also be responsible for an area charge of $835 per acre for the area of the
development further than 250 feet from the water line considered for the Front Foot Charge
Resolution 2005 -10).
DEVELOPMENT AGREEMENT - 19 18-00305, 18-00347,18-00348
The cost to the Developer is: 5.93 acres X $835/acre = $4,952.00
The Developer will be responsible for the installation ofall additional water lines, service lines,
valves, fire hydrants and related work within the Development.
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
or adjacent to 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: Not Applicable to this Phase of Development
4. SANITARY SEWER FACILITIES A regional lift station and pressure sewer line have
been constructed to service the Development. The Developer will be required to pay a
proportionate share of the regional lift station and related facilities as determined by the City. The
proportionate share to Developer will be $780 per acre of development for the area of the
development further than 250 feet from the sanitary sewer line considered for the Front Foot
Charge (Resolution 2005-10). The Developer will be responsible for the installation of all onsite
sewer collection as well as the offsite main line to the nearest main line.
The cost to the Developer is: 5.93 acres X $780/acre = $4,625.00
The Developer will be responsible for the installation of all additional sewer lines, manholes,
and related work within the Development.
5. FRONT FOOT SANITARY SEWER CHARGES. The subject property has NO
lineal feet of frontage along any sanitary sewer fine 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 line: Not Applicable to this Phase of
Development
6. STORM SEWER FACILITIES. The Developer will install all onsite storm drainage
facilities.
DEVELOPMENT AGREEMENT - 20 18-00305, 18-00347,18-00348
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. ON SITE IRRIGATION SYSTEM- If, at some time in the future, an onsite irrigation
system is required by any state of federal agency the developer or current owner agrees to install a
separate irrigation system using surface water as required.
9. WATER RIGHTS, The Developer agrees to transfer the water rights or shares associated
with irrigation of the land (5.930 acres) to the City. Based on discussions with the Teton Island Canal
Company president, 1 water share is required for each 10 acres ofland irrigated; therefore, the number
of shares required to be transferred with this phase of development is 0.59 shares. If the Developer
elects to transfer more shares to the City than are currently required, the Developer will be allowed to
continue to use the extra shares for irrigation of the portion of the land remaining in agricultural
production, until the land is developed in future phases. The Developer will be required to reimburse
the City the yearly water share assessment for those shares that continue to be used for irrigation of
the undeveloped land.
END OF SPECIAL CONDITIONS PHASE 2
DEVELOPMENT AGREEMENT - 21 18-00305, 18-00347,18-00348
FOR THE CITY OF REXBURG
APPw7;=
Public Uork Director/ City Engineer, Keith Davidson
APPROVED
r
By:
M o ,Jerry err ll
DEVELOPER
RS17 REXBURG PREFERRED LLC
160 W. Canyon Crest Dr.
Alpine, UT 84004
By: Paul Bringhurst
Its: Manager
Pau Brin
ATTEST:
By: \`
City Clerk, Deborah Lovejoy n--
SEAT..)
DEVELOPMENT AGREEMENT - 22 18-00305, 18-00347,18-00348
Special Conditions — Phase 3
The City of Rexburg (hereinafter referred to as "City") and RS17 REXBURG PREFERRED LLC
hereinafter referred to as "Developer'), hereby agree to the following additional terms and conditions
related to THE GROVE AT THOMSON FARMS, PHASE 3:
All shared costs will be determined before constriction begins)
1. STREET IMPROVEMENTS The City will not share in the cost of any streets within
the development. The Developer shall be responsible for construction of the curb, sidewalks, and
streets within the development.
State HighzU 33 / Yellowstone Highway
The existing State Highway 33 runs along the west edge of the property. The Developer
agrees to dedicate to the City land along the west edge of the property to provide a total right-of-way
width of at least 92 feet (including the width of the existing highway right-of-way).
The Developer agrees to widen the east side of State Highway 33 to the full planned width,
as required for the deceleration lanes recommended by the Traffic Impact Study, and to install curb,
gutter, and sidewalk per Rexburg Engineering Standards. The turn lanes from State Highway 33 to
Stegelmeier Lane will be required to be constructed during Phase 3, or before. All improvements
shall be approved by the Idaho Transportation Department.
Any costs associated with relocating the existing power poles will be the responsibility of the
Developer.
Thomson Farms Road
Improvements to Thomson Farms Road are not required as part of Phase 3.
Stegelmeier Lane
The Developer shall complete construction of the complete cross section of Stegelmeier
Lane for the portion of the road included in Phase 3 and the street shall be constructed according to
Typical Section No. 1 (see EXHIBIT B-1). The Developer will be responsible for the cost of the
south half of the road section. The City will coordinate with the landowners on the north side of
Stegelmeier Lane for reimbursement to the Developer for the cost of the north half of the road
section.
DEVELOPMENT AGREEMENT - 23 18-00305, 18-00347, 18-00348
Stonebridge Street
The Developer shall complete construction of the west portion of Stonebridge Street for the
portion of the road included in Phase 3 and the street shall be constructed according to Typical
Section No. 1 (see EXHIBIT B-1). The minimum constructed asphalt width as part of Phase 3
shall be 27 feet.
2. WATER FACILITIES The Developer will be required to provide adequate pressure to
all lots in the subdivision. (IDAPA 58.01.08.552.O1.b minimum 40 psi, normal working pressure
between 40 and 80 psi.) The Developer will be required to install all onsite water lines at their expense.
The Developer will also be responsible for an area charge of $835 per acre for the area of the
development further than 250 feet from the water line considered for the Front Foot Charge
Resolution 2005 -10).
The cost to the Developer is: 4.00 acres X $835/acre = $3,340.00
The Developer will be responsible for the installation of all additional water lines, service lines,
valves, fire hydrants and related work within the Development.
3. FRONT FOOT WATER CHARGE AND EXTENSIONS. The subject property has
approximately 430 lineal feet of frontage along an existing city water line that the City installed within
or adjacent to 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: 430 feet X $20/ft = $8,600.00
4. SANITARY SEWER FACILITIES A regional lift station and pressure sewer line have
been constructed to service the Development. The Developer will be required to pay a
proportionate share of the regional lift station and related facilities as determined by the City. The
proportionate share to Developer will be $780 per acre of development for the area of the
development further than 250 feet from the sanitary sewer line considered for the Front Foot
Charge (Resolution 2005-10). The Developer will be responsible for the installation of all onsite
sewer collection as well as the offsite main line to the nearest main line.
The cost to the Developer is: 4.00 acres X $780/acre = $3,120.00
DEVELOPMENT AGREEMENT - 24 18-00305, 18-00347, 18-00348
The Developer will be responsible for the installation of all additional sewer lines, manholes,
and related work within the Development.
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 line: 430 feet X $17.50/ft = $7,525.00
6. STORM SEWER FACILITIES The Developer will install all onsite storm drainage
facilities.
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. ON SITE IRRIGATION SYSTEM: If, at some time in the future, an onsite irrigation
system is required by any state of federal agency the developer or current owner agrees to install a
separate irrigation system using surface water as required.
9. WATER RIGHTS- The Developer agrees to transfer the water rights or shares associated
with irrigation of the land (6.886 acres) to the City. Based on discussions with the Teton Island Canal
Company president, 1 water share is required for each 10 acres of land irrigated; therefore, the number
of shares required to be transferred with this phase of development is 0.69 shares, If the Developer
elects to transfer more shares to the City than are currently required, the Developer will be allowed to
continue to use the extra shares for irrigation of the portion of the land remaining in agricultural
production, until the land is developed in future phases. The Developer will be required to reimburse
the City the yearly water share assessment for those shares that continue to be used for irrigation of
the undeveloped land.
END OF SPECIAL CONDITIONS PHASE 3
DEVELOPMENT AGREEMENT - 25 18-00305, 18-00347, 18-00348
FOR THE CITY OF REXBURG
APPROVED AS TO FORM:
Public W rks Director/ City Engineer, Keith Davidson
APPROVED
Y'lailz" By:
M y ,Jerry Verrill
DEVELOPER
RS17 REXBURG PREFERRED LLC
160 W. Canyon Crest Dr.
Alpine, UT 84004
By: Paul Bringhurst
Its: Manager
Paul B ' a
ATTEST:
By:
City Clerk, Deborah Lovejoy
SEAL)
DEVELOPMENT AGREEMENT - 26 18-00305, 18-00347, 18-00348
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