HomeMy WebLinkAboutDevelopment Agreement Founder's Square PUD Phase 3DEVELOPMENT AGREEMENT
Instrument # 459104
REXBURG, MADISON, IDAHO
11-2-2023 03:31:03 PM No. of Pages: 21
Recorded for: CITY OF REXBURG
KIM H. MUIR Fee: 70.00
Ex-Officio Recorder Deputy
FOUNDER'S SQUARE PLANNED UNIT DEVELOPMENT
PHASE 3
OF THE CITY OF REXBURG
AGREEMENT, made this 4Z-d--ay of k , 2023, 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 SEPHLIN E AND JAY DARIC HEPWORTH
(hereinafter called the "Developer"), with a mailing address at: 407 S 3RD E, REXBURG, ID
83440.
WITNESSETH:
WHEREAS, Developer is the sole owner, in law or equity, of a certain tract of land in the
County of Madison, State of Idaho, which land (hereafter referred to as the "Development") is more
particularly described in EXHIBIT A-1 "FINAL PLAT FOUNDER'S SQUARE PHASE 3", of
which is 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 FOUNDER'S SQUARE PHASE 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 FOUNDER'S SQUARE PHASE 3, DA23-001
2. IMPROVEMENT PLANS. Developer has filed, or will file, a complete set of
Improvement Plans (hereafter referred to as the "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 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 Improvement Plans for compliance with City
requirements, and upon satisfactory resolutions 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 Improvement Plans. Unless otherwise agreed in writing by the City Engineer,
Developer will construct all public improvements within the Development in strict accordance with
the Improvement Plans and the City Standard Engineering Drawings and Specifications (hereafter
referred to as the "Standard Specifications") in effect at the time the construction is accomplished.
The Standard Specifications are incorporated herein by reference as though set out in full.
4. PERMITS. Developer shall obtain all right-of-way, excavation or other permits required
by local ordinance or any state agencies and comply with all requirements therein with respect to the
timely performance of the work governed by such permits. The Developer is required to apply for
permit coverage from the Environmental Protection Agency ("EPA") after developing a site -specific
Storm Water Pollution Prevention Plan.
DEVELOPMENT AGREEMENT - 2 FOUNDER'S SQUARE PHASE 3, DA23-001
5. COMPLETION OF PUBLIC IMPROVEMENTS. Developer agrees that if a portion
or portions or the entirety of the public improvements need to be completed in the interest of the
public health, welfare or safety prior to the scheduled time when Developer would otherwise install
the improvements, Developer will forthwith construct such public improvements. This Section 5
will only be effective following a finding by the City Council at a regularly scheduled City Council
Meeting. The City Council must determine that the public improvements are needed prior to the
scheduled construction time determined by Developer. Following a finding by the City Council, if
Developer does not commence construction of such public improvements within a reasonable time
or if Developer does not complete construction within a reasonable time thereafter, the City may
move on the Developers bond and construct or have constructed such public improvements at
Developer's expense. In order for the City Council to make a finding at a City Council Meeting, the
Developer must be given at least ten (10) days advance written notice of the date and place of the
meeting and Developer must be given an opportunity to be heard at such meeting. At or before the
meeting, the City Engineer shall furnish Developer a cost estimate 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 each day the contractor is working. 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 FOUNDER'S SQUARE PHASE 3, DA23-001
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.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 ft2 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") 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
DEVELOPMENT AGREEMENT - 4 FOUNDER'S SQUARE PHASE 3, DA23-001
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
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 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 FOUNDER'S SQUARE PHASE 3, DA23-001
• Corrected improvement plans (AutoCAD format)
• 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 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 for all costs associated with the installation of the water service
connection.
11. STREET IMPROVEMENTS AND SIDEWALKS
DEVELOPMENT AGREEMENT - 6 FOUNDER'S SQUARE PHASE 3, DA23-001
STREET CONSTRUCTION. Developer will construct all streets in accordance with the Street
and Utility Improvement Plan. Said construction shall conform to the typical street design
cross -sections which apply to the type of road construction required in the development. Said
cross -sections are attached hereto and specifically made a part of this agreement (EXHIBIT B-
1). It is the policy of the City to pay 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 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. 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 per the
current engineering standards. 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
DEVELOPMENT AGREEMENT - 7 FOUNDER'S SQUARE PHASE 3, DA23-001
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 Plans. Unless otherwise agreed to between the parties hereto, operation and
maintenance for onsite storm water facilities after the final plans have been developed and approved
will be the responsibility of the Developer or Homeowners Association. The City will operate and
maintain the stormwater facilities in the public right-of-way.
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
DEVELOPMENT AGREEMENT - 8 FOUNDER'S SQUARE PHASE 3, DA23-001
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 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 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. The City
also reserves the right to withhold the issuance of building permits until conditions are met.
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
DEVELOPMENT AGREEMENT - 9 FOUNDER'S SQUARE PHASE 3, DA23-001
addressed 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/shares
historically used on the Developers grounds 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 FOUNDER'S SQUARE PHASE 3, DA23-001
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 7th 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 FOUNDER'S SQUARE PHASE 3, DA23-001
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and
year first above written.
[Signature Pages to Follow]
DEVELOPMENT
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FOR THE CITY OF REXBURG
APPROVE S TO FORM: v........ R
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Pu lic s Director/ City Engineer, Keith Davidson
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By: ATTEST:
ay x, erVe rill
City Clerk, Deborah Lovejoy
STATE OF IDAHO )
: ss.
County of Madison
(SEAL)
On this I'a day of -C , 2023, before me, the 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.
Q• �0TgA Z
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Notary Public for Idaho
Residing at Rexburg, Idaho
My Commission Expires: 0 ta 2 Z ?o 2z'f
DEVELOPMENT AGREEMENT - 13 FOUNDER'S SQUARE PHASE 3, DA23-001
*******************************************************************************************
DEVELOPER
HEPWORTH SEPHLIN E
HEPWORTH JAY DARIC
407S3RDE
REXBURG, ID 83440
STATE OF IDAHO)
ss.
County of Madison)
J w0v-�
Jay ffaric Hepworth
(:hLj e,V, 2023 before me, the undersigned, a Notary
On this day of L
Public for said State, personally appeared Sel2hlin E and lay Daric Hepworth, known or identified
to me to be the persons 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.
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Special Conditions
The City of Rexburg (hereinafter referred to as "City") and SEPHLIN E AND JAY DARIC
HEPWORTH (hereinafter referred to as "Developer"), hereby agree to the following additional
terms and conditions:
(All shared costs will be determined before construction begins.)
1. STREET IMPROVEMENTS. The City will not share in the cost of any streets within
the Development and they shall be built according to Typical Section No. 1 (see EXHIBIT B-1).
EAST PARKWAY. The Developer agrees to dedicate to the City the right of way for the
East Parkway along the north edge of the Development. The right of way width at the west edge of
this Development will be 62.5 feet wide and will follow the approved alignment of the East Parkway
corridor.
The Developer agrees to pay to the City the cost to construct a 19.5 feet wide section
of street with the pavement section of Typical Section 1, curb, gutter, and sidewalk adjacent
to the Development. The City will construct the street at a future date.
Based on the bid provided from Zollinger Construction, the amount to be paid to the
City by the Developer for the future street construction is $53,525.70.
sales.
The City agrees to the following deferred payment schedule for this fee only:
• $0 due prior to the City signing the plat.
• $7,646.53 due prior to building permits being issued for each of the first 7
lots.
All remaining unpaid amounts must be paid by January 1, 2033, irrespective of lot
2. WATER FACILITIES. The Developer will be required to provide adequate pressure to
all lots in the subdivision. (IDAPA 58.01.08.552.01.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
DEVELOPMENT AGREEMENT - 15 FOUNDER'S SQUARE PHASE 3, DA23-001
expense. The Developer will also be responsible for an area charge of $861 per acre (Resolution
2005 -10). The Developer will be responsible for the installation of all additional water lines, service
lines, valves, fire hydrants and related work within the Development.
The cost to the Developer is: NONE, because the Developer paid to oversize the
water line.
3. FRONT FOOT WATER CHARGE AND EXTENSIONS. The subject property has
approximately NO lineal feet of frontage along an existing city water line that the City installed
within the proposed development in the past. The Developer shall reimburse the City in accordance
with the current ordinance as follows:
Front footage costs for water line: NONE
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 $1821 per acre of development (Resolution 2005-10). The
Developer will be responsible for the installation of all onsite sewer collection lines.
The cost to the Developer is: 4.60 acres X $1821/acre = $8,376.60.
5. FRONT FOOT SANITARY SEWER CHARGES. The subject property has NO
lineal feet of frontage along any sanitary sewer line that the City has installed. The Developer shall
reimburse the City for his share of the costs of said utility as follows:
Front footage costs for sanitary sewer lines: NONE
6. STORM SEWER FACILITIES. The Developer will install all onsite storm drainage
facilities. The Developer will also be responsible for an area charge of $972 per acre for the
stormwater facilities that the City has installed to service this Development.
The cost to the Developer is: 4.60 acres X $972/acre = $4,471.20.
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 FOUNDER'S SQUARE PHASE 3, DA23-001
Front footage costs for storm drain charges: NONE.
8. WATER RIGHTS: The Developer is required to provide water rights to the City upon
development of lands, in accordance with the current City resolution. The Developer agrees to
transfer to the City groundwater rights necessary for irrigation of 4.60 acres of land.
9. FIBER CONDUIT AND HAND HOLES: The Developer agrees to install fiber conduit
and hand holes in the Development in accordance with the City Engineering Standards.
END OF SPECIAL CONDITIONS
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FOR THE CITY OF REXBURG
APPROVE TO FORM:Op
' CORpO ; G
Public W rks Director/ City Engineer, Keith Davidson
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BATTEST: L
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By:
City Clerk, Deborah Lovejoy
(SEAL)
STATE OF IDAHO )
ss.
County of Madison
On this la day of O C- "''er , 2023, before me, the 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.
N��aa�mn�hn
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'�Q; • •.9�';"Notary Public for Idaho
�OTAR j. N Residing at Rexburg, Idaho
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DEVELOPMENT AGREEMENT - 18 FOUNDER'S SQUARE PHASE 3, DA23-001
*******************************************************************************************
DEVELOPER
HEPWORTH SEPHLIN E
HEPWORTH JAY DARIC
407 S 3RD E
REXBURG, ID 83440
HJpworth
STATE OF IDAHO)
ss.
County of Madison)
Jay Daric Hepworth
On this 1 2 day of 0 C'f Vb eN , 2023 before me, the undersigned, a Notary
Public for said State, personally appeared Sephlin E and Jay Daric Hepworth, known or identified
to me to be the persons 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.
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DEVELOPMENT AGREEMENT - 19 FOUNDER'S SQUARE PHASE 3, DA23-001
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EXHIBIT B-1
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