HomeMy WebLinkAboutDevelopment Agreement 5th West Church SubdivisionInstrument # 457095
REXBURG, MADISON, IDAHO
7-3-2023 04:24:14 PM No. of Pages: 20
Recorded for: CITY OF REXBURG
KIM H. MUIR Fee: 0.00
Ex-Officio Recorder Deputy
DEVELOPMENT AGREEMENT
5TH WEST CHURCH SUBDIVISION
IN THE CITY OF REXBURG
THIS DEVELOPMENT AGREEMENT (this "Agreement") is made this Z%� of
� J l t vt.� , 2023, by and between the CITY OF REXBURG, a municipal corporation
(hereinafter called the "City"), with a mailing address at 35 N 1st E, P.O. Box 280, Rexburg, Idaho
83440, and THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS, a Utah corporation
sole (hereinafter called "CHC"), with a mailing address at 50 East North Temple, 10`i' Floor, Salt Lake
City, UT 84150.
WITNESSETH:
WHEREAS, CHC is the sole owner, in law or equity, of a certain tract of land in the County
of Madison, State of Idaho, which land (hereafter referred to as the "Development") is more
particularly described in EXHIBIT A-1 "5TH WEST CHURCH SUBDIVISION PLAT". which is
attached hereto and by this reference made a part hereof; and
WHEREAS, CHC 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 and sanitary sewer are adjacent and accessible to CHC's land; and
WHEREAS, CHC 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 5TH WEST CHURCH SUBDIVISION. The City agrees to timely
provide water and sanitary sewer service to the Development, subject to CHC'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 5TH WEST CHURCH SUBDIVISION DA22-010
2. IMPROVEMENT PLANS. CHC has filed, or will file, a complete set of Improvement
Plans showing all streets, sewer lines, water lines, fire hydrants, storm drains, street signs, street lights,
traffic control devices, barricades, fiber network conduit and handholes, and other public
improvements contemplated within the Development. The Improvement Plans will 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 within fifteen (15) days
of receiving the same, the Improvement Plans for compliance with City requirements, and upon the
reasonable satisfactory resolution of all issues, the City Engineer will timely 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 CHC 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, CHC will, at its expense, design and construct all public improvements shown in
the Improvement Plans. Unless otherwise agreed in writing by the City Engineer, CHC 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. CHC 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. CHC is required to apply for permit
coverage from the Environmental Protection Agency ("EPA") after developing a site -specific Storm
Water Pollution Prevention Plan.
5. COMPLETION OF PUBLIC IMPROVEMENTS. CHC 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 CHC would otherwise install the
DEVELOPMENT AGREEMENT - 2 5` WEST CHURCH SUBDIVISION DA22-010
improvements, CHC 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 reasonably determine that the public improvements are needed prior to the
scheduled construction time determined by CHC. In order for the City Council to make a finding at
a City Council Meeting, CHC must be given at least ten (10) days advance written notice of the date
and place of the meeting that includes a detailed explanation of what public interests warrant a request
to accelerate construction of the public improvements and CHC must be given an opportunity to be
heard at such meeting. At or before the meeting, the City Engineer shall furnish CHC a cost estimate
for completing the required portion or portions of such public improvements. Following a finding by
the City Council, if CHC does not commence construction of such public improvements within a
reasonable time subject to Force Majeure (defined below) or if CHC does not complete construction
within a reasonable time thereafter subject to Force Majeure, the City may move on CHC's bond or
letter of credit and construct or have constructed such public improvements at CHC's expense.
6. INSPECTION. CHC 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. CHC will not materially deviate from the Improvement Plans or Standard
Specifications without the express written approval of the City Engineer, which approval will not be
unreasonably withheld, conditioned or delayed. Minimum inspection will include at least 2 hours of
onsite inspection each day the contractor is working on public infrastructure. 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 (with all inspections to be done in accordance with the current Idaho Standards for
Public Works Construction (ISPWC)):
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.)
DEVELOPMENT AGREEMENT - 3 51" WEST CHURCH SUBDIVISION DA22-010
• 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.I.)
• 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
10,000 ft' 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 the City's acceptance of the
Development, CHC 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 lines, curb and gutter alignment and street
DEVELOPMENT AGREEMENT - 4 5" WEST CHURCH SUBDIVISION DA22-010
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 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. 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 CHC'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 CHC'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 CHC 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
• Corrected improvement plans (AutoCAD format and paper copy)
• Engineers certification of compliance with approved engineering plans
• Setting of monument corners
DEVELOPMENT AGREEMENT - 5 5" WEST CHURCH SUBDIVISION DA22-010
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 authorizing the Building
Department to allow building permits to be issued.
9. WARRANTY. CHC 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.
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. CHC will be required to pay 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.
CHC 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. CHC or
CHC's plumber will be responsible for acquiring the required plumbing permits and for all costs
associated with the installation of the water service connection.
11. STREET IMPROVEMENTS AND SIDEWALKS
STREET CONSTRUCTION. CHC will construct all streets in accordance with the
Improvement Plans. 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.
DEVELOPMENT AGREEMENT - 6 5n- WEST CHURCH SUBDIVISION DA22-010
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. CHC may contract with the City to have the
streets seal coated under a City seal coating project with all costs paid by CHC.
SIDEWALKS. CHC is responsible for installing 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. The sidewalks are to be constructed prior to the
issuance of a certificate of occupancy. 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. CHC 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. CHC 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 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
CHC.
14. DELETED.
DEVELOPMENT AGREEMENT - 7 5"" WEST CHURCH SUBDIVISION DA22-010
15. FAILURE TO PAY FEES. In the event CHC fails or refuses to pay any of the fees,
charges or costs set forth herein, the City may refuse to allow the Development to connect to city
owned water or wastewater systems until said fees are paid.
16. PARTICIPATION BY CITY. The parties agree that pursuant to the Special Conditions,
the City has expressly agreed to pay the costs of those portions of the water mains, storm water
facilities and sanitary sewer lines (hereafter collectively referred to as the "Shared Work"), 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 CHC and located within the vicinity
of the Developmentthat 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 CHC's purposes, and the impracticality or impossibility of constructing
such excess capacity and improvements separately or at a later time, CHC agrees to design and
construct such facilities subject to the City's agreement to reimburse CHC for the portion of such
costs relating to the construction of such excess capacity and improvements, all as set forth in the
Special Conditions. Prior to the commencement of the Shared Work, CHC shall obtain and deliver
to the City three (3) independent bona fide bids for the performance of such work from qualified
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 CHC may reasonably 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 CHC. 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 CHC 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
DEVELOPMENT AGREEMENT - 8 5TH WEST CHURCH SUBDIVISION DA22-010
within the Development have been completed and accepted by the City Engineer. The City may
reasonably 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.
18. DEFAULT. In the event CHC fails to comply with the terms and conditions hereof in
any material respect, after notice from the City and a reasonable opportunity to cure the same, 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 CHC and located within the Development, until
such default is fully corrected.
19. FORCE MAJEURE. If CHC shall be delayed or hindered in or prevented from the
performance required hereunder by reason of (i) strikes, lockouts or labor disputes, (ii) inability to
obtain labor or materials or reasonable substitutes therefore, (iii) acts of God, (iv) natural disasters
(including floods, earthquake, fire, hurricanes, windstorms, tornadoes), (v) pandemic, epidemic,
outbreak of infectious diseases or other public health crisis, including quarantine, governmental
restrictions, or other employee restrictions as a result thereof, (vi) any moratorium or other
governmental or court imposed restrictions, (vii) riots, criminal acts, insurrection, war, (viii),
vandalism, or (ix) other reason of like nature beyond CHC's reasonable control (collectively, "Force
Majeure"), then (a) the period for performance shall be extended by the period of time equivalent to
the delay caused by such Force Majeure, or (b) performance shall be excused during the period of
non-performance caused by such Force Majeure, as applicable.
20. 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.
21. RECORDING FEES. Prior to the approval of the Development by the City Engineer,
CHC shall pay to the City all recording fees necessary to record this Agreement with the Madison
County Recorder's office.
DEVELOPMENT AGREEMENT - 9 5'H WEST CHURCH SUBDIVISION DA22-010
22. WATER RIGHTS. In accordance with City Resolutions the water rights historically used
on CHCs grounds are to be transferred to the City or used for onsite irrigation as required by State
statutes.
23. IRRIGATION DISTRICT RELEASE. Prior to the final approval of the Development,
CHC 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 (i) 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, (ii) 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. CHC will be responsible for maintenance on any modifications to the irrigation system
unless otherwise specified in writing.
24. BONDS. Prior to the beginning of construction, CHC 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.
25. 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.
26. 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 CHC's
heirs, successors or assigns.
DEVELOPMENT AGREEMENT - 10 5T" WEST CHURCH SUBDIVISION DA22-010
27. 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.
28. 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.
29. 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.
30. SEVERABILITY. If any provision of this Agreement is determined to be invalid or
illegal, the remainder of the Agreement shall not be affected.
31. 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.
32. 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 Choir' hands and searthe day and
year first above written.
[Signature Pages to Follow]
DEVELOPMENT AGREEMENT - 11 5TH WEST CHURCH SUBDIVISION DA22-010
FOR THE CITY OF REXBURG
APPROnBwA S TO FORM:
Public W rk irector/ City Engineer, Keith Davidson
STATE OF IDAHO )
;x9
County of Madison
ATTEST:
City
(SEAL)
On this day of , 2023, befor !fi@;4e undersigned, a Notary Public
for Idaho, 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 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.
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Residing at Rexburg, Idaho
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DEVELOPMENT AGREEMENT - 12 5TH WEST CHURCH SUBDIVISION DA22-010
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CHC
THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS, A UTAH CORPORATION
SOLE
By:
Name: ❑acrid AForbush
Title: Authorized Agent
Date: 06/13/2023
STATE OF UTAH
ss
COUNTY OF SALT LAKE )
On this (3 day of ^T ' , 2023, personally appeared before me
-P-W .I� i1 , 'f b l�k ri , personally known to me to be the Authorized Agent of
THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS, A UTAH CORPORATION
SOLE, who acknowledged to me that he signed the foregoing instrument as Authorized Agent for
said Corporation, that the seal impressed on the within instrument is the seal of said corporation, and
the said signer acknowledged to me that the said Corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first above written.
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(SEAL)
Notary Public
Residing at: ,i,¢Cr L+9 et C p ury 7 :
My Commission Expires: d 1 - % 2,
DEVELOPMENT AGREEMENT - 13 5TH WEST CHURCH SUBDIVISION DA22-010
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Special Conditions
The CITY OF REXBURG (hereinafter referred to as "City") and THE CHURCH OF JESUS
CHRIST OF LATTER-DAY SAINTS, a Utah corporation sole (hereinafter referred to as "CHC"),
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 streets within the
development. CHC will be responsible for construction of the curb, sidewalks, and streets within the
development.
5`" West Street
The existing 5`" West Street runs along the west edge of the Development. CHC agrees to
dedicate 20 feet of right-of-way along the west edge of the development and to reconstruct and widen
the east side of the road including 19.5 ft width of asphalt, curb, gutter, and sidewalk according to
Typical Section 1 (See Exhibit B-1). The widened road will extend north to the intersection with
University Boulevard. The City agrees to reimburse CHC for the portion of the street improvements
along the City's stormwater pond parcel and for any street construction required wider than 19.5 ft.
University Boulevard
The access to University Blvd will be allowed as shown on the Improvements Plans; however,
this access will be considered temporary and may be limited to right in/right at a future date, if
determined necessary by the City Engineer. At the time that the property east of the Meetinghouse
property is developed, the City Engineer may require the direct access to University Blvd be removed
and replaced with a shared access through the adjacent property.
The existing asphalt path along the north edge of the property and to the intersection of 5`h
West shall be replaced with a 10' wide concrete sidewalk per City Standard Drawings. The City agrees
to reimburse CHC for the sidewalk along the City's stormwater pond parcel.
Seal Coating
DEVELOPMENT AGREEMENT - 14 5T' WEST CHURCH SUBDIVISION DA22-010
The City agrees to include CHC's portion of seal coating the City streets in a future City seal
coating project. Based on the most recent bids received on March 29, 2023, the current cost of seal -
coating is estimated to be $1.76/SY.
Seal Coating Cost: 524.3 SY X $1.76/SY = $922.77
2. WATER FACILITIES. CHC will be required to provide adequate pressure to the
Development. (IDAPA 58.01.08.552.01.b minimum 40 psi, normal working pressure between 40 and
80 psi.) CHC will be required to install all onsite water lines, service lines, valves, and fire hydrants at
their expense. CHC will also be responsible for an area charge of $861 per acre for the area of the
development (Resolution 2005 -10).
The cost to CHC for Lots 1 and 2 is: 6.65 acres X $861/acre = $5,725.65.
CHC will also be required to install water lines to the Meetinghouse Site and to the south and
east edges of the Development at CHC's expense. The City of Rexburg will pay for the increase in
cost of materials for increasing the pipe size from 8-inch to 12-inch in University Blvd. For a period
of 10 years, any Front Footage Fees, as established in the most current City of Rexburg Utility Rate
Schedule, that are collected by the City of Rexburg for connection to the water main lines will be
returned to CHC.
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.
Front footage costs for water line: NONE.
4. SANITARY SEWER FACILITIES. CHC will be required to install all onsite sewer lines
at their expense. A regional lift station and pressure sewer line have been constructed to service the
Development. CHC 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 CHC will be $1821 per acre of
development (Resolution 2005-10).
The cost to CHC for Lots 1 and 2 is: 6.65 acres X $1821/acre = $12,109.65.
DEVELOPMENT AGREEMENT -15 5TH WEST CHURCH SUBDIVISION DA22-010
CHC will also be required to install offsite sanitary sewer lines to the Meetinghouse Site and
to the south and east edges of the Development. The City of Rexburg will pay for the increase in cost
of materials for increasing the pipe size from 8" to 10" for the line in University Blvd. For a period of
10 years, any Front Footage Fees, as established in the most current City of Rexburg Utility Rate
Schedule, that are collected by the City of Rexburg for connection to the sanitary sewer lines will be
returned to CHC.
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.
Front footage costs for sanitary sewer line: NONE
6. STORM SEWER FACILITIES. CHC will install all onsite storm drainage facilities,
including the detention facility. The City will not own or maintain the storm drainage facilities outside
of the public street right-of-way.
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.
Front footage costs for storm drain charges: NONE.
8. WATER RIGHTS: CHC agrees to transfer the water rights associated with irrigation of
Lots 1 and 2 (6.65 acres) to the City. At this time, Lots 3 and 4 will remain undeveloped.
9. FIBER CONDUIT AND HAND HOLES: CHC agrees to install fiber network conduit
and hand holes in accordance with the City Engineering Standards.
[Signature Pages to Follow]
DEVELOPMENT AGREEMENT - 16 5THWEST CHURCH SUBDIVISION DA22-010
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FOR THE CITY OF REXBURG
APPR D AS TO FORM:
Pub U rks Director/ City Engineer, Keith Davidson
STATE OF IDAHO )
ss.
County of Madison
ATTEST:
By: `
City Clef, ;�►c����Co
'Cov°mr
:SEAL
-1
On this ZA0 day ofJ k" , 2023, ffiftlq�j\Ze undersigned, a Notary Public
for Idaho, 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 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.
11q - CM
Nota lic for Idaho
Residing at Rexburg, Idaho
My Commission Expires: ! 3 Z
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DEVELOPMENT AGREEMENT - 17 - 5TH WEST CHURCH SUBDIVISION DA22-010
*******************************************************************************************
CHC
THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS, A UTAH CORPORATION
SOLE
By:
Name: David A Forbush
Title: Authorized Agent
Date: 06/13/2023
STATE OF UTAH
ss
COUNTY OF SALT LAKE
On this day of 11� , 2023, personally appeared before me
Fb .& snt&+-L , personally known to me to be the Authorized Agent of
THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS, A UTAH CORPORATION
SOLE, who acknowledged tome that he signed the foregoing instrument as Authorized Agent for
said Corporation, that the seal impressed on the within instrument is the seal of said corporation,
and the said signer acknowledged to me that the said Corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first above written.
F
D. TODD EVANS
ry Public, State of Utah
ommission * 713439
Commission Expires On
September06, 2024
(SEAL)
Notary Public
Residing at:.! KZ l L2Wk C !QV ti 1V
My Commission Expires: 0 ' (2g ` Ly
DEVELOPMENT AGREEMENT - 18 5T' WEST CHURCH SUBDIVISION DA22-010
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