HomeMy WebLinkAboutDevelopment Agreement Amendment CB Shop SubdivisionInstrument # 459107
REXBURG, MADISON, IDAHO
11-2-2023 03:50:58 PM No. of Pages: 4
Recorded for: CITY OF REXBURG
KIM H. MUIR Fee: 19.00
Ex-Officio Recorder Deputy
AMENDMENT TO
THE DEVELOPMENT AGREEMENT
FOR
CB SHOP SUBDIVISION
OF THE CITY OF REXBURG
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 CB SHOP LLC
(hereinafter called the "Developer"), with a mailing address at: 225 N Fremont St, Sugar City, ID
83448 executed a Development Agreement (hereinafter called "Agreement") for CB SHOP
SUBDIVISION (LOTS 1, 2,3 OF BLOCK 1 AND LOT 1 OF BLOCK 2) on June 15, 2022,
recorded at Madison County as Instrument #450774.
The Parties desire to amend the Agreement. All conditions and requirements of the Agreement
remain in fprce, unless modified herein. This Amendment to the Agreement is made this
day of 2023.
SCOPE OF AGREEMENT
The original Agreement applied only to Lots 1, 2, 3 of Block 1 and Lot 1 of Block 2 of the
CB Shop Subdivision. The scope of the Agreement is hereby expanded to also include Lot 2 of
Block 2 as shown on Exhibit A-1 of the Agreement. All requirements of the Agreement shall also
apply to this lot.
ADDITIONS TO SPECIAL PROVISIONS
Thomson Farms Road
As required of the other lots in the Agreement, the Developer will be responsible for
constructing the street adjacent to Lot 2 of Block 2 according to Typical Section No. 5, except the
street width will be only 55 ft (top back of curb to top back of curb), centered in the right of way. The
City will reimburse the Developer for the asphalt street section over 19.5 feet wide along the frontage
constructed by the Developer (over 39 ft wide where the Developer owns the lots on both sides of
the street). The City will also reimburse the Developer for the cost of increasing the street thickness
AMENDMENT TO DEVELOPMENT AGREEMENT - 1 DA22-003, CB SHOP
from Typical Section 4 to Typical Section 5. Along the lot owned by Shupe Fabrication LLC, the City
will also reimburse the Developer for the curb, gutter, and sidewalk on the north side of the street.
The Developer will be allowed to postpone construction of the entire length of Thomas Farms
Road through the Development until any lot on the north side of the street is developed. At that time,
the Developer will be required to construct the complete street cross section, including asphalt, curb,
gutter, storm drainage, landscaping and sidewalks. If the City determines that the street is necessary
prior to construction of the street by the Developer, the City reserves the right to construct the street
and assess the Developer for his share of the improvements through a Local Improvement District.
2nd East
The existing City street 2' East runs along the west edge of the Development. As required
of the other lots in the Agreement, the Developer agrees to dedicate or deed to the City all
remaining land within 60 feet of the section line along the west side of the development for street
right of way. This includes the original Salem Road right of way, the 42 feet of right of way
previously deeded to the City, and the 18 feet of utility easement previously granted to the City.
No new approaches to 2nd East from the Development will be allowed, except the
intersection of Thomson Farms Road.
The Developer will replace the temporary asphalt path previously constructed along Lot 2
with a concrete sidewalk.
ADDITIONAL FEES
• Front footage costs for business street for Lot 2 of Block 2: 130 feet X 19.5 feet X $40/SY
_ $11,266.67.
• Front footage costs for curb and gutter including infiltration system for Lot 2 of Block 2:
130 feet X $54.00/ft = $7,020.00.
• The Water Area Charge for Lot 2 of Block 2: 1.09 acres X $835 = $910.15
• The Sanitary Sewer Area Charge for Lot 2 of Block 2: 0.34 acres X $780 = $265.20
• Front footage costs for sanitary sewer line for Lot 2 of Block 2: 130 feet X $25.00/ft =
$3,250.00.
END OF AMENDMENT TO DEVELOPMENT AGREEMENT
[Signature Pages to Follow]
AMENDMENT TO DEVELOPMENT AGREEMENT - 2 DA22-003, CB SHOP
FOR THE CITY OF REXBURG
:PRO AS TO FORM:
Pu lic Xy6orks Director/ City Engineer, Keith Davidson
STATE OF IDAHO )
ss.
County of Madison
ATTEST:
OF
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By:
City Clerk, Deborah Lovejoy
(SEAL)
2
On this a day of �JQQM f , 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.
wP;•0000 69'." �� otary Public for Idaho
��. OT '•9� Residing at Rexburg, Idaho
? t. N My Commission Expires:OoZ Z'
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AMENDMENT TO DEVELOPMENT AGREEMENT - 3 DA22-003, CB SHOP
************************************************************
DEVELOPER
CB SHOP LLC
225 N FREMONT ST
SUGAR CITY, ID 83448
By: Jeff Christensen
Its: Owner
1�
Christensen,Jeff
STATE OF Idaho)
ss.
County of Madison)
On this cq day of N M_Mh4�- , 2023 before me, the undersigned, a Notary
Public for said State, personally appeared Jeff Christensen, known or identified to me to be the
Authorized Agent of the Limited Liability Company that executed this instrument, and acknowledged
to me that such Limited Liability Company executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first above written.
�WI0A ow
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A.
(SEAL) `L�i`�••. No.10 '
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Notary Public _00
Residing at: ')'Yl G� G�Z4'y�
My Commission Expires: - 22 - ?�0'Lej
AMENDMENT TO DEVELOPMENT AGREEMENT - 4 DA22-003, CB SHOP