HomeMy WebLinkAboutDevelopment Agreement - Summerfield Division No 11DEVELOPMENT AGREEMENT
SUMMERFIELD SUBDIVISION
DIVISION NO. 11
OF THE CITY OF REXBURG
Instrument # 461709
REXBURG, MADISON, IDAHO
4-4-2024 10:11:53 AM No. of Pages: 19
Recorded for: CITY OF REXBURG
KIM H. MUIR Fee: 64.00
Ex-Officio Recorder Deputy
AGREEMENT, made this g day of , 202� , by and between the CITY
OF REXBURG, a municipal corporation (hereinafter called "City'D, with a mailing address at 35 N
1st E, P.O. Box 280, Rexburg, Idaho 83440, and KARTCHNER LAND MANAGEMENT
(hereinafter called the "Developer'D, with a mailing address at: 601 W. 1700 S. Suite A, Logan, UT
84321.
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's is more
particularly described in EXHIBIT A-1 "SUMMERFIELD SUBDIVISION, DIVISION NO. 11
PLAT", 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 SUMMERFIELD SUBDIVISION DIVISION NO. 11. 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 SUMMERFIELD DIVISION NO. 11 DA23-005
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 ("DEQfor 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.
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
DEVELOPMENT AGREEMENT - 2 SUMMERFIELD DIVISION NO. 11 DA23-005
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's 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)
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)
DEVELOPMENT AGREEMENT - 3 SUMMERFIELD DIVISION NO. 11 DA23-005
• 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 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
DEVELOPMENT AGREEMENT - 4 SUMMERFIELD DIVISION NO. 11 DA23-005
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
• Corrected improvement plans (AutoCAD format)
• Engineers certification of compliance with approved engineering plans
• Setting of monument corners
DEVELOPMENT AGREEMENT - 5 SUMMERFIELD DIVISION NO. 11 DA23-005
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
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
DEVELOPMENT AGREEMENT - 6 SUMMERFIELD DIVISION NO. 11 DA23-005
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 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 the Improvement
Plans. Unless otherwise agreed to between the parties hereto, operation and maintenance for the
storm water detention facility after the final plans have been developed and approved will be the
responsibility of the Developer or Homeowners Association.
DEVELOPMENT AGREEMENT - 7 SUMMERFIELD DIVISION NO. 11 DA23-005
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. This
requires the construction of a separate irrigation system. Plans, specifications, operations, and
maintenance procedures are to be approved by the city engineer prior to construction.
15. FAILURE TO PAY FEES. In the event Developer fails or refuses to pay any of the fees,
charges or costs set forth herein, the City may de -annex any property owned by Developer within the
Development, or refuse to allow the Development to connect to city owned water or wastewater
systems, or declare the entire unpaid balance immediately due and payable and collect such sums in
the manner provided by law, or may pursue any other remedy set forth herein or as may be available
at law or in equity. All such remedies shall be cumulative and the City may pursue the same separately
or simultaneously as it deems necessary or appropriate. In the event of such acceleration, all sums
due shall bear interest at the rate established by law for judgments entered in the State of Idaho.
16. PARTICIPATION BY CITY. The parties agree that those portions of the water mains,
storm water facilities and sanitary sewer lines (hereafter collectively referred to as the "Shared Work',
the cost of which the City has expressly agreed to pay pursuant to the Special Conditions, including
any water, storm water, or sewer line extensions, increased line size or capacity are required because
of future service needs originating from properties not owned by Developer and located within the
vicinity of the Development and that sound planning requires construction thereof at the present time
in order to accommodate future expansion and development. In recognition of the cost savings which
can be accomplished by construction of such excess capacity and improvements concurrently with
the facilities to be constructed for Developer's purposes, and the impracticality or impossibility of
constructing such excess capacity and improvements separately or at a later time, Developer agrees to
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
DEVELOPMENT AGREEMENT - 8 SUMMERFIELD DIVISION NO. 11 DA23-005
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 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.
DEVELOPMENT AGREEMENT - 9 SUMMERFIELD DIVISION NO. 11 DA23-005
21. WATER RIGHTS. In accordance with City Resolutions the water rights/shares
historically used on the Developers grounds are to be 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 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
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.
DEVELOPMENT AGREEMENT - 10 SUMMERFIELD DIVISION NO. 11 DA23-005
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.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and
year first above written.
[Signature Pages to Follow]
DEVELOPMENT AGREEMENT - 11 SUMMERFIELD DIVISION NO. 11 DA23-005
*******************************************************************************************
FOR THE CITY OF REXBURG
APPROVED AS TO FORM:
Public o s Director/ City Engineer, Keith Davidson
STATE OF IDAHO )
ss.
County of Madison
ATTEST:
OF
�: �GORPp� '•`
off%`'••..• .
it
By:
City Clerk, Deborah Lovejoy
(SEAL)
On this � day of , 20J, 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.
4) c
Notary ublic for Idaho
Residing at Rexburg, Idaho n
My Commission Expires: Gc 2-
DEVELOPMENT AGREEMENT - 12 SUMMERFIELD DIVISION NO. 11 DA23-005
*******************************************************************************************
DEVELOPER
KARTCHNER LAND MANAGEMENT, INC.
601 W. 1700 S. Suite A
Logan, UT 84321.
By:, Kartchner Land Management, Inc.
Its: President
Troy Af artchner, President
STATE OF R:JD,L \
County ofCiar-IN-)
On this 7-6 day of bAW' i \ , 2 3 before me, the undersigned, a Notary
Public for said State, personally appeared Troy A. Kartchner, 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.
(SEAL)
61nGV► -W CDn4t�
Notary Public
Residing at: 6 GVVC_ (I l lh
My Commission Expires: L1 l 111 It 2-So
OFT xFsr CNANTEL KAYLENE CROSSLEY
r Notary Public, State of Utah
Commission # 724087
My Commission Expires
B6 04/11/2026
DEVELOPMENT AGREEMENT - 13 SUMMERFIELD DIVISION NO. 11 DA23-005
*******************************************************************************************
Special Conditions
The City of Rexburg (hereinafter referred to as "City") and Kartchner Land Management, Inc.
(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 subdivision and they shall be built according to Typical Section No. 1 (see EXHIBIT B-1).
The City agrees to include seal coating of 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: 6499 SY X $1.76/SY = $11,438.24
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 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: 9.064 acres X $861/acre = $7,804.10.
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
DEVELOPMENT AGREEMENT - 14 SUMMERFIELD DIVISION NO. 11 DA23-005
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: 9.064 acres X $1821/acre = $16,505.54.
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.
7. FRONT FOOT STORM DRAIN CHARGES. The subject property has NO lineal feet
of frontage along the storm drain line that the City has installed. The Developer shall reimburse the
City for his share of the costs of said utility as follows:
Front footage costs for storm drain charges: NONE.
8. ON SITE IRRIGATION SYSTEM: The Developer agrees to install a separate irrigation
system using surface water as required. The homeowners association will be responsible for operation
and maintenance of the irrigation system.
9. WATER RIGHTS /SHARES: The existing water shares in the Rexburg Irrigation Company
will be transferred to the homeowners association by the Developer to provide irrigation water to the
required onsite irrigation system.
10. FIBER CONDUIT AND HAND HOLES: The Developer agrees to install fiber network
conduit and hand holes in accordance with the City Engineering Standards,
END OF SPECIAL CONDITIONS
DEVELOPMENT AGREEMENT - 15 SUMMERFIELD DIVISION NO. 11 DA23-005
*******************************************************************************************
FOR THE CITY OF REXBURG
APPROVED TO FORM:
f
Public Wo irector/ City Engineer, Keith Davidson
APPROVED r
By:
Maya�,rry`MerA
STATE OF IDAHO )
. ss.
County of Madison
01V'P0RAT �G�'
SEALIZ.
OF.i�`�`.,c
ATTEST:
By: ll/6Y\
City Clerk, Deborah Lovejoy
(SEAL)
On this � day ofMO-on-, 202� 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.
MorNotaryblidaho
Residing at Rexburg, Idaho
My Commission Expires:
DEVELOPMENT AGREEMENT - 16 SUMMERFIELD DIVISION NO. 11 DA23-005
*******************************************************************************************
DEVELOPER
KARTCHNER LAND MANAGEMENT, INC.
601 W. 1700 S. Suite A
Logan, UT 84321.
By:, Kartchner Land Management, Inc.
Its: President /
Troy A. Kartchner, President
STATE OF jj±Ck� )
ss.
County of ram)
U14
On this day of QV G� , 2625 before me, the undersigned, a Notary
Public for said State, personally appeared Troy A. Kartchner, 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.
(SEAL)
C D IfAx�
Notary Public
Residing at: 4fACV%C.. Ct�,.K
My Commission Expires: 4Z lj 12..%L Z(6
4 °FT"ECHANTEL KXYLENE CROSSLEY
Notary Public, State of Utah
Commission # 724087
MY Commission Expires
e96 04/11/2026
DEVELOPMENT AGREEMENT -17 SUMMERFIELD DIVISION NO. 11 DA23-005
EXHIBIT A-1
00-H-HO
UOm
V
5)
0-
V O
W (mA
m N.GOU
Pmm
UO.
NO
JNU�p
P�
jJ
i010
U)N
NNN
P000
f'
N
NOpNpN
vS
O
O�'fm
AA
A�AOmIA
A
AOmi�
A�COCC
00000800$$$000g80.
f7
m A
li CDO
N O
N O
J O
O
Z D
u
•gym
m m
N o
o Z
Z Z
0,
m N
N Z
Z Z
N N
Z Z
O
m m
N IfU
NO
A01
N
m A
N,
U+
A m
PO!N
P O
N D+
O
iU AtPP
O1
A O
+
A m
POLKA
P O
m
O
�
O N01
N ONUfw
bN+
P
O1 V
A+p
NNN
P
A
.O+m
m UmG+N
O++O
m
O
A �+
vm
�?
-fit
m
ri �
� �
£ �
r•i `
ni ri
�% ri
E ri
�
�rj
3
c1
+m
P
U
T
V m
mN.D
N p
Jm0
x
m ie
�'1°
14 m
G m
w m
m o
cN'ii J
G
7 m
x
a3uVlaNn
l r6oe M. 001, ! Z.00N NL).3s i
,SL'OL .4b'OL ,lZ'99
£7j WI u�
�O N�OCO pN �N mWIW !'tE �
a N
I
•�
oI
mro F—? SIN
J
o P
,SL'OL ,99'OL ,SZ'94 ri
,£646
3„bt,LZ.00'
Gw
ti
' J$EN.LS .Mu 9Lzz Funos
y� o L'9£Z
a+
o N m
- -
,9
- 6-
8
M,S L,lZAON o
U
'gg Og
,0
0O
M„,60bb0.m_
m0P'SZpLZ
• mm 0
N<w^•
,6
m meO1
oO.3°4'
6L,9t�ZA
a IlNo�u!
0'.
,L,1mm.,LlL
PG WIa,V
r..6N0
61.82' 92.10'
OTeca0
3o17.N00'0 00'E 153.93
•
901
f3y�r
o
ZL
AN
N
SOO'00'00„W '•
'�
142.29' Iw
'
r, N3„60,ZZ.00SNIn
oO
N'
NO0'00'0
IA
I
131
,S9'90Z
N N m Nr
A1„60,ZZAON
IN
i
�^• I u I
H 900'0000„E I m
um
--zi
C c O
c N m 125.78'
I
,90££ l
v lI
we I
3„60,ZoZAOS
�o
+ 1 m
VpN
�o N
O P Z
N00'00'00"E
125.39' m
o
x
�W vo uw I�
3„60,ZZ.00S
0'
S00'00'00"E
0 125.56'
,b L'££ L
g p m or m u m
M„60,ZZ.00N
I
o Nw Io AIN
o
ml
• 10 P O
N E
N00'00'00"E m q
125.72'
,b t'£f t
1
n r N 11m„
3„60,ZZ.00S
I
br,N n r I
O
O
U
N A
O I
TJ6
2 C326 OZ wn I I
,41'££L
ON
V 1. I
$i oe'Za7ws .LsTA 001z waos
M,60,ZZ.O
C320 m 8L'bL $ I
u
N w
S• • o M.60, ZZ.00N a I
o
!'
C324 C32
mm
99'OZ
,bl'££L
_
H IZ
3.60,ZZ.00S
of
JN�q v+ O
N
Pv
,40'9St
M,60,ZZAON Im
M,60,Z6A0N
V
IJ
0 �I
P mr �I
N
,bS'OLl .004£ ,00'b£
,b t'££L
,69.izf 3"60'zzx0s
ALLIANCE CONSULTING
a N ENGINEERS
1. FA4r 1. NMT. 9 P
J LOGN4 UAN 11121
I'.is) zsrmzt
L4099ON 'B1SNI 11; _
dtl0 WONImi aNnOJ
I
,ZL 6Z9Z
ONI8V38 30 SISVB
9Z 03S '800 3S 1`
ZL'049Z M„60,ZZ,OON
SUNNERRIELU SUBDIVISION, DIVISION NO.11
t'=eo'
r-zozs
PART OF THE SOUTHEAST QUARTER OF SECTION 26
TOWNSHIP 6 NORTH, RANGE 39 EAST
ppypl pT
ppA,
BOISE MERIDIAN
CITY OF RE%9URO, MAOISION COUNTY, IOAHO
m
SUNNEMIEUIPN IIw
4
EXHIBIT B-1