HomeMy WebLinkAboutDevelopment Agreement- Good 2 Go Phase 1 Unversity Blvd & 12th WDEVELOPMENT AGREEMENT
GOOD 2 GO — PHASE I
Instrument # 460453
REXBURG, MADISON, IDAHO
1-26-2024 09:04:07 AM No. of Pages: 32
Recorded for: CITY OF REXBURG
KIM H. MUIR Fee: 103.00
Ex-Officio Recorder Deputy
LOCATED .A.T UNIN RSITY' BLVD .ANT] 12T" )&ES`1('
IN THE CITY OF REXBURG
DEVCLt)Pht -NT At31iEEiNI� ANT ("Agreement"), made this � �f
A/ , 20? , by and bet-,vec:n the CITY OF REUXI3URG, a municipal corporation
(hereinafter celled "City"), with a mailing; address at 35 N 1st E, P.� 1. Brix 280, Rexburg, Idaho
83440, and Rexburg; Commercial Property, LLC, an Idaho limited liability company (hereinafter
called the "Developer"), with a trailing; address at. PO Box 50620, Idaho Falls, Idaho 83405.
WITNrSS1 TH:
V-11YIU;.AS, Developer is the stile owner, in lain or equity, of a certain tract of land in the
County of ?Madison, State: of Idaho, at the: southeast corner of 12" West Street and Univcrsity
Boulevard in Rexburg;, which land (hereafter referred to as the "Devclopmcnt'� is more particularly
described in EXHIBIT .A.-1 "REXBURG GOOD 2 GO PHASE I SITE PLAN" which is attached
hereto and by this reference made a part hereof; and
WHEREAS, Developer has requested the Developtn.ent be approved by the City, and
Developer has subnZitted or will submit Improvement Plans, defined below, for the Development;
:tnd
Vi'I IIs1 FAS, City water and sanitary sever facilities are adjacent fend accessible to the
Dcvclopmc:nr; and
WHERE, AS, Developer is responsible for the public improvements adjacent to and private:
street and private utility improvements within the Development as shown on Exhibit A-1.
NOW, THEREFORE, in consideration of the terms and conditions set forth herein, the
parties agree as follows,
1. DEN LOPS, ENT O1' C4 )( D 2 Go a PHASFi 1. The Cityagrees to provide water and
sanitary sewer service to the Development, subject to 17cve1oper's :icceptince and performance of
DE:VH I.O1jMFNT AGR11:FAII NT - 1 GOOD 2 GO PH ASF: 1 DA23-011
the terms and conditions of this Agreement and the terms and conditions contained in the Special
Conditions, which are attached hereto and made a part hereof (the "Special Conditions").
2. IMPROVEMENT PLANS. Developer has filed, or will tile, a complete set of
improvement plans (hereafter referred to as the "Improvement Plaris") showing all Streets, sewer
limes, water lines, fire hydrants, stuarrn alrains, street signs, street lights, traffic control devices,
barricades, fiber network- conduit and handholes, and ether public irnprovernents contemplated
.within the Dcvcltaprnc:nt (collectively, the "Irnpro v-cmc.nts"), 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's engineer ("City Engineer") has reviewed, or will review, the
Improvement Plans for compliance wvith City requirements, and upon compliance with such
requirements, the City Engineer will approve the Improvement Plans. When approved by the City
Engineer, such Improvement Pladis will be deemed incorporated herein by reference as though set
out in full_ The portions of the irnprovernent Plans applicable to any water, wastewater or storm
drainage facilities are also to be submitted to the Idaho Department of Csnvironmc:ntal 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. CONSTRI~i(MON OF PUBLIC IMPROVEMENTS. Subject to reimbursement for
dedication of the Development or the construction of any Improvements, Developer will, at its
expense, desigil and construct all portions of the Improvements that are to he dedicated to the City
or otherv-ise (--)wned by public entities C'Public Irnprovtments"), as shown in the Irriprovernent
Plans, Unless otherwise agreed in writing by the City Engineer, Developer will construct all Public
Improvemcnts wvithin the Development in strict accordance with the Tmprovement Plans and with
the Citt's Standard Engineering Drawings and Specifications (hereafter referred to as the "Standard
Specifications' in effect at the time construction of the Public Improvements commences. Such
Standard SpeCificaLions, are incorporated herein by reference as though Set Out ill dill.
4. Developer shall obtain all right-of-way, excavation or ether permits required
by local orditlanCe or any state 'agencies and comply with Al requirements therein with respect to the
DF.Vt?I.0PMENT AGIi1~ .MINT - 2 GOOD 2 Go PHASE 1 DA23-011
timely performance of the work- governed by such permits. Where applicable., the Developer shall
also be required to apply for permit coverage from the Environmental Protection Agency {'EPA")
after developir g a site -specific Storm Water Pollution Prevention Plan,
5. CONIPLETI0N OF PUBLIC INIPRONTE1 TENTS. 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, welfate or safetti• prier to the scheduled time when Developer would otherwise install
such Public Imptovcmcrits, Developer will forthwith construct such Public Improvements xvith the
City to bear any incremental cost increase which Developer experiences as a result of modifying the
schedule for construction of the Public Improvements. This Section a will only be effective
following a finding by the City's legislative body ("City Council") at a regularly scheduled meeting of
the City Council ("City Council Meeting"). Specifically, the. City Council must determine on the
retard that the PclbliC Improvements are needed prior to the Scheduled construction time
determined by Developer in order to meet an important public health or safetti' need- Yellowing such
a finding by the City Council, if Developer flocs not coinmenec construction of such Public
Improvements as requested by the: City within a reasonable time or if Developer does not complete
construction within a reasonable time thereafter, after notice as provided herein, the City may mote
on the Developer's Bond, defined below, and construct or have constructed such Public
Improvements using the Developer's Bond or at Developer's expense. In order for the City Council
to make a finding at a City Council fleeting, the Developer must be given at least ten (10) days
advance written notice of the date, time, and place of the Cit: , Council N'leeting and Developer must
be given an opportunity to be heard at such City Council Nfeeting. At Least ten (10) days prior to the
City Council 11lcc:ting, the City Engineer shall furnish Developer a cast estimate for compieting 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 in order to ensure such Public Improvements are
constructed in accordance with this Agreement, the Improvement flans and the Standard
Specifications. Developer will not materially deviate from the Improvernent Plans or Standard
DhVFLOPAIENT ACTfiFli'.MFNT - 3 GOOD 2 ETC) 1'lir'ASF 1 DA23-011
Specifications without the express written Approval of the City Engineer. Inspc:ction will include
reasonable onsite inspection each date when construction is ongoing. The Project Engineer, or his
or her designee, is to keep a daily written log or record identif}ping relevant project data such as
weather, work being done, testing and testing results, any changes or modification of die plans, am
problems encountered and communication with City staff. The following minimum testing is
required as a stipularic�n of this Agreement (unless othern<<ise provided in this Agreement or the
Standard Specifications, all inspections to he dent as per the Current Idaho Standards for
Public Works ConstruCtio:)n, ISPWC);
A. SE4X'ER LINES (fo be inspected not later than 30 clays after installation and
completion of backfit'l, but before geotextile fabric for the road is installed)
• Camera inspection (carnera inspection will be completed by the City's Sewer Department)
• Pressure testing
• .Deflection testing;
• Certification of compliance with plan location, elevations, and grade.
B. WkThR LINE'S (CLASS 50 D.I.)
• Pressure testing
• Bacteriologhcal testing (Toy he completed by a contractor under the supervision of the City's
Water Department)
• General inspection of fire hydrants, valves, and other water facilities prior to backfill (fo
also be inspected by the City's Water Department)
C. 1�C_)_ O (.-'()N-STlt[ [.:Tl()y
• Pass Density Tests on Stab base, Granular borrow, Road base, and Asphalt (One per evet-
10,000 ft' of roadway as per ISPWC.i
• Field sarnpling (Gradations 2 per material)
• Asphalt mix design
• Concretc strength — one slump and 3 strength cylinders per 50 C.Y. of c-oncretc.
DHVF LOPME-:NT AGRI-,.F. 1 .NT - 4 GOOD 2 C.TO t'HASF 1 DA23-011
+ Levelness testitlg on asphalt surface per ISPWC
D. !eIIS!LFLLANF0 L:S
• Additional testing may be required if so stipulated in the Special Conditions
7. CORRECTED IIMPROVEMENT PUNTS. Prior to acceptance of the Public
Improvements, Developer will file "Record Drawings" of the Improvement Plans (hereafter
referred to as the "As -Built Improvement Plans") with the (_;itN- En�ri, racer. Such As -Built
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, sewerand 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 As -Built Improvement Plans shall also specifically show
all changes ber peen the original Improvement Plans and the Public Improvements as actually
constructed. The Project hrigineer shall also certify upon the As -Built Improvement Plans that such
Plans correctly show all Public: Improvements as actually constructed and that such Public
Improvements havc been constructed in accordance with the Standard Specifications in effect at the:
time such construction was commenced. An electronic cop), in riutoCAD li�rnzat of such drawings
shall become the property of the Cite. 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, anal} sis and other
data as niav be reasonably necessary to verify or support the certification of the Project Engineer.
Failure to provide this information n7ay result to the withholding of any building perinits for the
Development until information is delivered and approved,
b. ACCEPTANCE OF PUBLIC JIMPROVENIENTS. Upon satisfactory completion of
such Public Improvements and Developer's delivery of the As -built Improvement Plans, the Cl",
will accept the Public Improvements. Such acceptance shall not be valid unless expressly
acknowledged in writing bN the Cite Engineer. Except as otherwise expresslN provided in the
Special Conditions, upon acceptance of the Public Improvements, the City Shall assume ownership
1)f-A7HL(_)Ph11-.NT A(7It)~:N.M1:PwT - 5 GOOD 2 GO 1'HASF 1 DA23-011
and control of all Public Improvements within any dedicated street, public utility right-of-way, or
public utility easement within the Development, and the City shall execute and record an instilunent
releasint, the Development from the encumbrance of this Agreement. ,'acceptance of the Public
Improvements shall not be deemed as a waiver of Developer's obligation to full)- and completely
perform the terms and conditions hereof or as a waiver or release of the warranty set north below,
Prior to acceptance of the Public: Improvements the Dc%,eloper ITI t,.ularnit to the City Engineer
the following documents:
• Inspector's daily log or daily records
• Water line test results
• Sewer line test results
• Road construction test results
• Corrected improvement plans (AutoCAD format)
• Engineers certification of compliance with approved engineering plans
• Settinq of monument corners
Once all required infortnartion is submitted to the City, the City J4.%dneer will file a letter accepting
the Public Improvements for City control and maintenance, and provide aluthc)rization to the Citt's
Building Department to allow building; pen -nits, to be issued,
9. WARRANT A'. Dew -eloper warrants that the materials and workmanship employed in the
construcuon of all Public Improvements within the Development shall be God and sound and shall
conform to generally accepted standards within the construction indusm. Such warrann' Shall
extend for a period of one (1) year after acceptance of the Public Irnprovernents by the City,
provided nothing herein shall limit the time within which the Citt• may print; an action against
Developer on account of Developer'-, failure to construct such improvements in accordance with
this Agreement, the Improvcment Plans or the Standard Specifications. Aftcr acceptance: of the
Public Improvements, 25%, of the Developer's bond or other agreed upon surety shall remain in
effect thru the one (1) year warrant} period.
DE:VFLOPMENI TAGR)~:FAI14NT - 6 G0()D 2 GO PIIAS14 1 I A23-011
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. Builders of individual homes or other buildings within the
Development will be required to pat' for the appropriate hookup fee for the size of water or sever
hookup desired. If excavation is required within any public right -ref -way, an excavation permit will
also be required.
These constructing buildings within the Development u-ill be required to install the water
service line: and purchase: the neccssary- water meter materials as specified by the (_.ity's V`ater
Department, for use: in the water service connection. Those constructing buildings will also be:
responsible for acquiring the required plumbing permits and for all costs associated with the
installation of the water service connection.
11. STRFET IMPRC WN1F.N,rS AND SIDFkVALKS
A, STRU I;T CONSTRUC-00N. Developer tivill construct all public streets within the
Development in accordance with they Standard Specifications and thisAgreement. The cross -
sections required for such streets are attached hereto as EXHIBIT B-1 and is specifically made a
part of this Agreement. It is the policy of the City (and the City. agrees) to pay for any street costs
that 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 Condiuznns.
B. SFAL (st_]ATIN(; f lF STI�f?I?TS_ .All public: streets within the L�erelc�prrtent are to
be seal coated with an approved chip seal coat within two (2) ),cars of construction unless special
arrangements are made- with the. City, Developer may contract kcnth the. Ciq< to have: the streets seal
coated under a City, seal coating proicct r.czth all costs paid by the Developer.
C. SIDEWALKS. Developer is responsible for installing 5 ft. sidewalks in the
Development as shown in Exhibit A-1. All sidewalks associated with the Development are to be
C0111pleted within not more thaui three (z) year;; after the phase is completed. As lefts are 6eloped
the: sidewalks. are to be constructed prior- to the issuance Of C-el-HFIC:Ite OfoccupariC)�.
DF,VIa.J,O?J%lh'.NT ADRIFT -I ENT = 7 G(-)()L) 2 G(_l ?I-1,ASE l DA23-011
12. STREET LIGHTS, Developer afrccs to install street lights at each strcct
intersection, which shall be at a maximum distance of 400 feet along city streets and at the end of
cul-de-sacs or as otherwise required under the Standard Specifications. Street lights will be installed
according to Rocky Mountain Power guidelines. Street lights shall be as per the Standards
Specifications, mounted on a 25-fagot inetal pole. Any deviation front the Standard. Specifications
will be at the discretion of the City of Rexburg Public Works Director, All fixtures .are to be Clark
sky compliant if required by an applicable dark sky ordinance,
13. SIC)S 11 DRAINAGE r,ACILITIrS. Exccpt for system improvements, as defined in
I.C. § 67-8203, the Developer will construct all on -site and off -site storm drainage facilities for the
Development as shown on Exhibit :A-1 with no financial participadon from the Cite.
Notwithstanding the Special Conditions, the City will contribute a pro-rata share of any portion of
the stone drain facilities that consist of system improvements as Shared Work under Section 16 of
this Agreement, Storm drain facilities will consist of ;it least a collection sy'ste-m ,ind storage facility as
approved by the: City, and DEQ, The. design of the stone water facilities is to be done in accordance
with accepted cnginecring practices. Storm drain facilities within the Dcvclopmc.nt trill include
piping;, catch basins and a storm water detention area as approved by the Cite Engineer and shown
on the Improvement Plans, Unless otherwise agreed to between the patties 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 owner of the property comprising the Development or,
.zith respect to and' portion xvithin a residential neigh horhood, by any applicable property
association.
14. QNSITE IRRIGATION SYSTE NI REQUIRED. In accordance with state statutes
and City resolutions, any real property in the Development historically irrigated with surfacc wtiters
are to continue to be irrigated with surface. waters. Plans, specifications, operations, and
maintenance procedures for the irrilNtdon SYstem are to be approved by the City Engineer prior to
construction of the 1n-rprcrvetilerits.
1 a. 1 AIT, 11;r TO ]MkY I rr.S. In the event of to default undo this A ;*,tiitient consisting
of DvwelopCr's faihlrC or refusal to pay any of the fccs, charges or costs sct forth herein, then after
notice and a hearing as provided in Section 18, the City may: initiate action to do -annex any real
DEVEI,OPNIENT AGI1L:,FAIl_1NT ` 8 GOOD 2 GO PHASE A E I DA231-011
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 inay pursue
any other remedy set forth herein or as may, be available at la,.v or in equity. All such remedies shall
he cumulative and the City may pursue the same separately or simultaneously as it. deems necessary
or appropri{ute. In the event Of such accelMItican, all sums clue shall bear interest at the rare
established by law fist judgments entered in the State of Idaho.
16. PARTICIPATION BY CITY. The: parties agree that those portions of the: water mains,
storm water facilities, satvtary sewer lines, and street construction (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 crater, sewer line extensions, or street constriction
increased line size, capacity, or width are required because of future service needs originating from
properties not owned by Developer {incl located within the vicinity of the Development ,and that
sound planning; requires construction thereof at they present time; in (.)rdcr to accommodate future
expansion and development. In recognition of the cost savings that can be accomplished by
construction of such excess capacity and improvemcnts concurrently- with the Shared Work to be
constructed for Developers purposes; and the impracticality or impossibility of constructing such
excess capacity and improvements separately or at a later tine, Developer agrees to design and
construct such Shared Work subject to the Ciwy's agreement to reimburse Developer for a portion of
such coasts, all as set forth in the Special Conditions_ The Special Conditions set: forth the scrape of
Developer's responsibility with respect to the Shared Work. i;,,c_ept as otherwise set forth herein, or
as otherwise agreed to hereafter in writing, Developer will have no responsibility for the cost of
-Shared Work in excess of the amounts set forth in the: Special Conditions. Prior to the
commencement of the Shared Work, Developer shall obtain and deliver to the City three (3j
independent bona fide bids for the performance of such work from qualified and responsible
contractors. The City shall ha;We no oblig;auon to pay for, an}, portion of the Shared \Vork beyond
what is contemplated by the Special Conditions, unless prior to the con-Imencement of the work the
parties have expressly agreed in 'Writing to a specific amount for which the City will reimburse the
Developer. Payment of all ariiounts owned by the City shall be due within thirty (30) days frorn
acceptance of the Public. Improvements 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
DEVELOPMENT AC7REEM)?NT = 9 GOOD 2- (30 PHASF.1 DA23-011
not participate in casts associated with management of the Shared )York by Project Engineer casts
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 and until the applicable
Public Improvements within the Development have been completed and accepted by the {;it%,
l;ngincer. The City may Withhold certificates of occupancy with respect to the. Devc:lopmc�nt until
A such work has been completed. The C.ty also reserves the right to withhold the: issuance of
building permits until conditions set forth in the Standard Specifications are met.
18, DEFAULT. In the event Developer fails to complywith the terms and conditions of
this .7 greement in any material respect, then the CitN' will give written notice to Developer and
Developer will thereafter have thirty (30) clans after such notice xvith which to cure such failure
before Developer will be deemed in default hereunder; provided, however, that it such Cure Cannot
reasonably be completed Within such thirty (30) day period Developer will not be deemed in default
if Developer commences a cure within such thirt), (30) day period and continues to pursue such cure
to its conclusion. If Developer fails to cure any material default hcreunder Within the timeframc set
forth above, then the City may, upon further notice and a Cin• Council Meeting, as provided in
Section S, above, authorize the withholding of any building permits, certificates of occupancy or the
connection of Water or sewer service to ant real 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
parts it 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 manlier.
20. RECORDING FEES. life>r to the;ipproval of the Public Improvements [)y the City
Engineer, Developer shall pay to the City all recording fees necessary to record thk Agreement with
they Madison County Recorder's office.
Dl: VGL{}PM ''NT AGR- .F.MENT . 10 GOOD 2 NYC_) PlAASE 1 DA23.011
21. WATER RIGHTS. In accordance with City Resolutions, any water rights or shares
owned by Developer and historically used on the Development are to be used for onsite irrigation as
required by State statutes.
22. IRRIGATION DISTRICT RELEASE Prior to the final approval of the Public
Improvements, Developer shrill obtain a certification from any applicable irrigation district, canal
company, ditch association or other similar water dclivm. , entity w{ho provides or delivers water to
any real propcm, located w-ithin the Development ter � --bo provides water through a facility passing
through the. Development. The certification shall state that the water rights owned by Developer
for all real propero, within the Development are being used for irrigation of the real property and
that all liens and assessments held by such water delivery entity have been released.. Alternativel},
the certificate shall state LhaL any irrigation facilities that have been disturbed or altered by the
Development hate been repaired or reconstructed to the satisfaction Of the irrigation water user
lrld or the irrigation entity owning Or operating said irrigatioTl facilities, The owner of the
Development will be responsible for maintenance on any modifications to the irrigation systern
unless otherwise specified in writing.
23. BONDS. If a plat for the Development is recorded prior to completion of the
Improvements, then prior to recording a plat for the Development, the Developer is required to file
with the City the Bonds or other approved sureties as required in Section 10.03.060 of the City of
Rexburg Development Code ("Det•eloper's Bond"). Failure to file the appropriate ponds ww•hen
required w;yill 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
Standard Specifications. In the evenL of any conflict between the terms of this .AgreemetiL and the
Improvement Plans, the terms of this Agreement shall pre%,ail.
L7F:Vr.I.(il',MENT AGREEMENT - l l it7E�W 2 GO PHASE l DA23-011
2-5. COVENANTS APPURTENANT TO THE LAND. All covenants and conditions sct
forth herein shall be appurtenant to and run with the land within the Development and shall be
binding upon Developer's successors or assigns during the term of this Agreement.
26, REMEDIEi:S Ct,'MULATIVE- All remedies herein are cumulative and, to the extent
not ►vholk, inconsistent with each ocher, rna�. be enforced simult ineousl} orseparately, at the scale
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 our of this Agreement shall be exclusively in the District
Court of the 7thJudicial District of the State of Idaho, Madison County, or in the United States
District Court for the District of Idaho.
28, !�NTI.RF AC?RI EiNiEk1 j, This Agreement evidences the final :into complete agreemc!nt
bet ,ccn the: parties and no other prior statement, rep,-c.scntaticm or understanding shall be binding
upon the parties unless cNpressly- set forth herein.
29. SEVERABILITY. If any provision of this Agreement is determined to be invalid or
illegal, the remainder of this Agreement shall not be affected.
30, WAIVER. W'aiver ley= either party of ant` breach of any term, covenant or condition of
this Agreement shall not be deemed to be a waiver of that teary, CoI.'Cn int ()r c(-)ndition on any
subsequent breach of it or any ether term, covenant or condition. No term, covenant or condition
of this Agreement shall be deemed to have been %valved by the either party. Unless the waiver is in
writing, signed > �' the party' mal ing the waiver.
31. EFFECTIVE DATE. This Agreement shall become valid and binding only aeon its
approval by the City Engineer and upon its execution b} the City's llay10r.
IN \\-'ITNhSS WilliRh()t=, the parties have hereunto Set their hands, the day and year first
alcove written.
[Signature Pages to follow]
DEVE.1,OPNI1 ,NT AGR-r.FAI .NT = 12 GOOD 2 Go I'11ASE 1 DA23 l 1
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FUR THE CITY OF REXBURG
AI)l)'R(-)VF1.) AS TO VORIM:
Public lt' rks Director/ City Engineer, Keith Davidson
APPRO
By:
Ma or, rid- 1*rrill
STATE. OFIL)AI IC) )
S S.
County of Madison
ATTEST:
By:
City Clerk, Deborah I ovi< ioy
(SEAL)
On this of , 202 , before rne, the undersigned, a Nora iry Public:
for Idaho, personally appeared Jerry Merri 1, known o rile to he the iklayor 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 W`1—iHRI~:()I=, I have hereunto set rn�• hand and affixed my official sea] the day
and year first above written.
Notary Public for Idaho
Residing at Rcxbugg, Idaho
i14 Commission F:,xpire::(a- - 2 z - Zy?-j
DEVELOPMENT AGREEMENT - 13 GOOD 2 GO ?I-1ASE 1 DA23-011
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DEVELOPER
Rexburg Commercial Propcm,, LLC
1)0 Box 50620
Id
B,
N
Ti
D
STATE OF IDAHO)
. ss.
Count}- of Bonneville)
On this 1_ dad- of h before me, the undersigned, a Notary
Public for said State, personally appeared , known or identified to me to lac
the Authorixed agent of the .itnitedViiry "Cwnw4itpany that executed this instrument, and
acknowledged to me that such Limited Liability Company executed the same.
IN WITNESS WHEREOF, I have hereunto sct my hand and affixed my official seal the day
and Fear first above yx•ritten_
WENDY NENNI
COMMISSION # 30719
NOTARY PUBLIC
STATE OF IDAHO
(=�I 1
Y COMMISSION EXPIRES 10106l2028
"MdA
Notat - Pu c
Residing; at:
Nit, Commission Expires: _ �P
Dl Vr-.J,(-)PtilF,.N T AG1?X-.T-.4•IEN'T - 14 GOOD 2 (30 PHASE'] DA23-011
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Special Conditions
The City of Rexburg (hereinafter referred to as "City") and Rexburg Commercial PropertA�, LLC, an
Idaho limited liability* company (hereinafter referred to as "Developer"), hereby agree to the
foilo,. ing additional terms and conditions as part of the Development Agreement to which these
Special Conditions are attached, With all capitalized terms used herein and not otherwise defined
herein having the meanings ascribed to such terms in the Development Agreement:
(All shared costs will be determined before construction begins.)
1. STREET IMPRC3VEMENTS. The City Will not share in the cast of an}- streets within
the Development and all :such streets will he considered private street:_
A, TItALFI{: I\IIIA(:T ST(J1ly
A traffic impact study will be required for the Development. The Developer will be
responsible to construct any improvements recommended by the ,,tudy to address the impacts of the:
Dcvcloprnent.
A previous TIS recommended installation of a traffic signal at the intersection of 12"' West
and University Blvd because of the increased traffic from development in this area. 'Phis
Development's share of traffic is anticipated to be 5.{.I6% of the peak hour traffic through this
intersection; therefore, the Developer's coast share will he 5.0614, of the cost of the signal,
The cost to the Developer for Please I is 6.116°to of $402,630.00 = $20,373.08
B. UNIVERSITY BLVD
An existing City street, University Boulevard, runs along the north edge of the Development.
The Developer agrees to deed to the City- 25 feet of additional right of ways along the north edge of
the Development.
The Developer will he responsible for widening of the sOuthern portion of I_; niversin Blvd
and constructing curb, gutter, and stonTi drainage: facilities to provide a total street cross section
acccyrding to typical section No. 5 (sec EXHIBIT B-1). The Developer will be responsible for the
D-EVE1,O1',iIENT AGRIF.rAMENT - 15 GOOD 2 GO ?I -LASE. 1 DA23-011
cost of constructing a width of up to 19.5 feet of asphalt and the: roadway thicknesses of Ty ical
Section 4. The City will be responsible for, and agrees to reimburse the Developer for, the cast of
constructing any additional width of asphalt greater than 19.5 feet and the increased roadway
thickness, in accordance with Section 16 of the Development Agreement, The Developer will be
responsible for construction of the sidewalk in the Development along the south edge of the street
and the sidewalk shill be placed at the edge of the new right of w:,IV line_ For Ph,ise 1, lJniversit\-
Bli,d will be required to be widened from 12" West to the termination point of the ITD diverging
diamond proicct. The Developer's engineers shall coordinate with ITD to ensure: that the two
projects connect.
The existing University Blvd right of war is owned by the Idaho Transporta don Department
and maintained by the City and is in close proximity, to the interchange with US 20. Therefore, any-
direct access to Universit) Blvd from the Development must be approved by both I,rD and the
City. Any direct access to University Blvd may be limited to right -in f right -Out movements if
detei-mined necessary by the City Fngineer,
C. 12" WEST
The existing City street 12"' West runs along the west edge of the Devclopment. The.
Developer agrees to deed or dedic-ate to the City 50 feet of right of way along the west edge of the
Development (as depicted on Exhibit A-1). The right of way at the south end of the Development
(as depicted on Exhibit A-1) that extends- in front Of several Other properties shall all be deeded or
dedicated to the City; provided that Developer shall riot be responsible to deed, or cause others to
deed, any property not owned by Developer,
The Developer will be responsible for rcconstnicting the eastern side of 11" West and
constnucting curb, gutter, and storm drainage facilities along the east side of the street according to
Typical Section No. 5 (see EXHIBIT B-1), The Developer will be responsible for the cost of
cons tncting a width of tip to 19.5 feet of new asphalt and the roadway thicknesses of TN ical
Section 4. The City will be responsible for, and agrees to reimburse the Developer for, the cOst Of
constructing any additional width Of asphaltgreater than 19.5 feet and the increased roadway
thickness, in accord -once %with Section 16 of the Development Agreement. The Developer �.vill he
responsil.)le for construction of the sidewalk to The Development iflong the east side- of 12"' West,
DE1'El.{_)1'i11FNT AC7REEN1ENT - 16 GOOD 2 GO 1 FIASE 1 DA23 011
2. WATER FACILITIES. The Developer will be required to provide adequatc pressure to
all lots in the Development. JDAPA 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 Developer's
expense. The Developer will also be responsible for an area charge of $861 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 for Phase I is 1.21 acres x $861.00/acre = $1,041,81.
3. FRONT FOOT WATER CHARGE AND EXTENSIONS. The. Development has
approximately 342.50 lineal feet of frontage along an existing cir♦ water line that the City previously
installed within or adjacent the Development. Tlie Developer shall reimburse the City in accordance
With the current ordinance as follows:
Front footage costs for water line for Please 1: 142.50 feet x $62.50/ft = $21,406.25.
The Developer will he responsible for the installation of -all additional water lutes, service
lines, valves, fire: hydrants and related work within the Development,
4. SANITARY SEXWER FAC11 TIES. 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
props}rtionme share to Developer will be $1821 per acre of development for the area of the
Development further than 250 feet from the sexver 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 offsitc main line to the nearest main line.
The cost to the; Developer for Phase I is 1.21 acres x $1821 /acre = $2,203.41.
An 8" sewer line was extended across 12"' West during a previous project to serve the
Development. 'i'he Developer ag7rees to reimburse the Cite.
Reimbursement for 8" sewer stub: $12,900.
5. FRONT FOOT SAN ITARY .S A� I -A C:l1AR(iFS. The Development has .342.5 lineal
feet of frontage along a s.rnitary %ewer line that the. City has installed, The Developer shall
reimburse: the City for Developer's share of the costs of said utility as follows.
Dl:•.V1.1,()1'lw'IENT AGRIF'T -AIENT - 17 GOOD 2 Go 1'1 lASE 1 DA2 -011
Front footage casts for sanitary sewer line .for Phase I is: 342.5 feet x $52.75/ft =
$18,066.88.
6. STORM SEWER FACILITIES. The Developer will install all onsite storm drainage
facilities, including the detention faci.lit%' according to Standard Specifications.
7, FRONT FOOT STORM DRAIN CHARGES, The Development has NO lineal tent of
frontage along the storm drain litre that the City has installed. The Developer shall rei.tnburse the
City for his share of the casts of said u ility as follows,
Front footage casts for storm drain charges; NONE.
8. ON SITE IRRIGATION SYSTEM: The Developer agrees to install a separate irrigation
system using surface water as required. The Developer, its heirs or assigns, will be responsible for
operation and maintenance of the irrigation system.
9. i 'ATl?lz ItICTI. [TS/SI IAltl?5_ The existing water shares in the Rexburg l.rrigation
Company will be rctainc°d by the Devclr�per to provide irrigation water to the required orisitc
irrigation systcrn,
10, FIBER CONDUD' AND HAND H{ALES: The Developer agrees to install fiber
netw-ork conduit and hand holes in accordance with the Standard Specifications.
END OF SPECIAL CONDITIONS
[Sigmature pales to Follow]
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FOR THE CITY OF REXBURG
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APPft< VEDASTo F€RN1:
SEALS
Public Wor "ti Dircctor Croy I?nginccr, Keith Davidson ��•. ;� CZZ
��itll91111te
APPR 'E
By:
STATE OF IDAI10 )
County of Madison
ATTh,ST:
By: �--�
City Merl:, Deborah I.oveloy
(SEAL)
C_Jn this cl:tti ctf , 20) before me, the undersigned, a Notary Public:
for Idaho, personally appeared ferry Merrill, Cannwn it) [Tie to he the Mayor of the City of Rexburg,
the municipal corporation that executed the foregoing; document, and acknowledged to me that such
Citt, CXMIted th€ same..
M XVI'I'NESS A"HFRH,01=, I have hereunto set my hand and affixed my official sea] the day
and year first above wtitten.
�aNannrnrrrrq ,�
,r.+`�Q�•;:::..w��� j%,��� Iiotaiv Public for Idaho
�.• •.9 = Residing at Rexburg, Idah/o,,
Q= q%0TA4A. •:2i' lie ('omrrjissic:n Expires:
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OF I
DEVELOPMENT AGIY '..LJNIEN J_ ` 19 GOOD 2 CTO PIA',Sli. 1 D 23-01 1
DEVELOPER
Rexburg Commercial Property, 1.I,C
PC) Box 50020
Idal
By.
Nar
'1'itl,
Dac
:;'1'f1TH. O1,'IC)AH(Q)
. ss.
County of Bonncvilie)
On this clay 20 }1cfOre me, the undersigned, a NomeN,
Public for said State, personally- appeared , known or identified to me to be
the Authorized , gwrit of the I.1mitcd I.ia i ty Company that executed this instrument, and
acknowledged (0 311c that such I Jt31ittrtt l.iabilitj- (_tnnp,inti• cxet:utt tl nc� sltrne.
IN WFINESS tt'HERF.01F, I have hereunto set my hand anti affixed my official seal the day
and Fear first abovC writurl.
WENDY NENNI
LST..,0xFp1DAH0O
MISSION # 3719
tl.) OTARY UBLIC
1 ATE MY CSION EPIRES 10/06/2028
DF.\'I?I,OI)i%) .NT ACiRF.FI\IFINT = 20
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