HomeMy WebLinkAboutDevelopment Agreement Teton River Temple SubdivisionInstrument # 465021
REXBURG, MADISON, IDAHO
11-7-2024 03:56:04 PM No. of Pages: 24
Recorded for: CITY OF REXBURG
KIM H. MUIR Fee: 79.00 DEVELOPMENT AGREEMENT
Ex-Ofhcio Recorder Deputy S�0)
TETON RIVER TEMPLE SUBDIVISION
IN THE CITY OF REXBURG
THIS DEVELOPMENT AGREEMENT (this "Agreement") is made this —q�day of
��✓, 2024, by and between the CITY OF REXBURG, a municipal corporation
(hereinafter called the "City"), with a mailing address at 35 N 1st E, P.O. Box 280, Rexburg, Idaho
83440, and THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS, a Utah corporation
sole (hereinafter called "CHC"), with a mailing address at 50 East North Temple, 10" Floor, Salt Lake
City, UT 84150.
WITNESSETH:
WHEREAS, CHC is the sole owner, in law or equity, of a certain tract of land in the County
of Madison, State of Idaho, which land (hereafter referred to as the "Development") is more
particularly described in EXHIBIT A-1 "TETON RIVER TEMPLE SUBDIVISION PLAT", which
is attached hereto and by this reference made a part hereof; and
WHEREAS, CHC has requested the Development be approved by the City and has or will
submit Improvement Plans for the Development identified in the caption of this Agreement; and
WHEREAS, City water and sanitary sewer are adjacent and accessible to CHC's land; and
WHEREAS, CHC is responsible for the street and utility improvements within the
Development;
NOW, THEREFORE, in consideration of the terms and conditions set forth herein, the
parties agree as follows:
1. DEVELOPMENT OF TETON RIVER TEMPLE SUBDIVISION. The City agrees to
timely provide water and sanitary sewer service to the Development, subject to CHC's acceptance and
DEVELOPMENT AGREEMENT - 1 TETON RIVER TEMPLE SUB. DA22-013
4860-4510-3197
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.
2. IMPROVEMENT PLANS. CHC has filed, or will file, a complete set of Improvement
Plans showing all streets, sewer lines, water lines, fire hydrants, storm drains, street signs, street lights,
traffic control devices, barricades, fiber network conduit and handholes, and other public
improvements contemplated within the Development. The Improvement Plans will also show the
proposed location of other public utilities (telephone, gas and electricity) and irrigation facilities
affected by the Development. The City Engineer has reviewed, or will review within fifteen (15) days
of receiving the same, the Improvement Plans for compliance with City requirements, and upon the
reasonable satisfactory resolution of all issues, the City Engineer will timely approve the plans. Such
Improvement Plans are incorporated herein by reference as though set out in full. Improvement plans
for any water, wastewater or storm drainage facilities are also to be submitted to the Idaho Department
of Environmental Quality ("DEQ") for review and approval. It is the responsibility of CHC to obtain
DEQ approval prior to starting any construction of water, wastewater, or storm drainage facilities.
3. CONSTRUCTION OF PUBLIC IMPROVEMENTS. Unless otherwise agreed in the
Special Conditions, CHC will, at its expense, design and construct all public improvements shown in
the Improvement Plans. Unless otherwise agreed in writing by the City Engineer, CHC will construct
all public improvements within the Development in strict accordance with the Improvement Plans
and the City Standard Engineering Drawings and Specifications (hereafter referred to as the "Standard
Specifications") in effect at the time the construction is accomplished. The Standard Specifications
are incorporated herein by reference as though set out in full.
4. PERMITS. CHC shall obtain all right-of-way, excavation or other permits required by
local ordinance or any state agencies and comply with all requirements therein with respect to the
timely performance of the work governed by such permits. CHC is required to apply for permit
coverage from the Environmental Protection Agency ("EPA") after developing a site -specific Storm
Water Pollution Prevention Plan.
DEVELOPMENT AGREEMENT - 2 TETON RIVER TEMPLE SUB. DA22-013
4860-4510-3197
5. COMPLETION OF PUBLIC IMPROVEMENTS. CHC agrees that if a portion or
portions or the entirety of the public improvements need to be completed in the interest of the public
health, welfare or safety prior to the scheduled time when CHC would otherwise install the
improvements, CHC will forthwith construct such public improvements. This Section 5 will only be
effective following a finding by the City Council at a regularly scheduled City Council Meeting. The
City Council must reasonably determine that the public improvements are needed prior to the
scheduled construction time determined by CHC. In order for the City Council to make a finding at
a City Council Meeting, CHC must be given at least ten (10) days advance written notice of the date
and place of the meeting that includes a detailed explanation of what public interests warrant a request
to accelerate construction of the public improvements and CHC must be given an opportunity to be
heard at such meeting. At or before the meeting, the City Engineer shall furnish CHC a cost estimate
for completing the required portion or portions of such public improvements. Following a finding by
the City Council, if CHC does not commence construction of such public improvements within a
reasonable time subject to Force Majeure (defined below) or if CHC does not complete construction
within a reasonable time thereafter subject to Force Majeure, the City may move on CHC's bond or
letter of credit and construct or have constructed such public improvements at CHC's expense.
6. INSPECTION. CHC will retain a professional engineer (hereafter referred to as the
"Project Engineer") licensed within the State of Idaho to supervise, inspect and test the construction
of all public improvements within the Development in order to ensure such improvements are
constructed in accordance with this Agreement, the Improvement Plans and the Standard
Specifications. CHC will not materially deviate from the Improvement Plans or Standard
Specifications without the express written approval of the City Engineer, which approval will not be
unreasonably withheld, conditioned or delayed. Minimum inspection will include at least 2 hours of
onsite inspection each day the contractor is working on public infrastructure. The inspector is to keep
a daily written log including weather, work being done, testing and testing results, any changes or
modification of the plans, any problems encountered and communication with City staff. The record
is to be in daily written form. The following minimum testing is required as a stipulation of this
Agreement (with all inspections to be done in accordance with the current Idaho Standards for
Public Works Construction (ISPWC)):
DEVELOPMENT AGREEMENT - 3 TETON RIVER TEMPLE SUB. DA22-013
4860-4510-3197
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 ft' of roadway as per ISPWC)
• Field sampling (gradations 2 per material)
• Asphalt mix design
• Concrete strength — one slump and 3 strength cylinders per 50 C.Y. of concrete.
• Levelness testing on asphalt surface per ISPWC
MISCELLANEOUS
• Additional testing may be required if so stipulated in the special conditions
7. CORRECTED IMPROVEMENT PLANS. Prior to the City's acceptance of the
Development, CHC will file "Record Drawings" Improvement Plans (hereafter referred to as the
"Corrected Improvement Plans") with the City Engineer. Such Corrected Improvement Plans shall
be prepared by the Project Engineer and shall show the actual "as constructed" location of all public
DEVELOPMENT AGREEMENT - 4 TETON RIVER TEMPLE SUB. DA22-013
4860-4510-3197
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 locations are to be shown for the termination of all service lines or main line
extensions. The Corrected Improvement Plans shall also specifically show all changes between the
original Improvement Plans and the public improvements as actually constructed. The Project
Engineer shall also certify upon the Corrected Improvement Plans that such Plans correctly show all
public improvements as actually constructed and that such public improvements have been
constructed in accordance with the Standard Specifications in effect at the time such construction was
accomplished. An electronic copy in AutoCAD format of such drawings shall become the property
of the City. The Project Engineer shall also deliver to the City Engineer all compaction reports, daily
construction logs, reports, written tests, pressure test results on all water lines, bacteria tests on all
water lines, pressure tests on all wastewater lines, analysis and other data as may be necessary to verify
or support the certification of the Project Engineer. Failure to provide this information may result in
the withholding of any building permits until information is delivered and approved.
8. ACCEPTANCE OF DEVELOPMENT. Upon satisfactory completion of such public
improvements and facilities and CHC's delivery of Corrected Improvement Plans, the City will accept
the Development. Such acceptance shall not be valid unless expressly acknowledged in writing by the
City Engineer. Except as otherwise expressly provided in the Special Conditions, upon acceptance of
the Development, the City shall assume ownership and control of all public facilities within any
dedicated street, public utility right-of-way, or public utility easement within the Development.
Acceptance of the Development shall not be deemed as a waiver of CHC's failure to fully and
completely perform the terms and conditions hereof or as a waiver or release of the warranty set forth
below. Prior to acceptance, CHC must submit to the City Engineer the following documents:
• Inspectors daily log or daily records
• Water line test results
• Sewer line test results
• Road construction test results
• Corrected improvement plans (AutoCAD format and paper copy)
• Engineer's certification of compliance with approved engineering plans
DEVELOPMENT AGREEMENT - 5 TETON RIVER TEMPLE SUB. DA22-013
4860-4510-3197
• 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 authorizing the Building
Department to allow building permits to be issued.
9. WARRANTY. CHC warrants that the materials and workmanship employed in the
construction of all public improvements within the Development shall be good and sound and shall
conform to generally accepted standards within the construction industry. Such warranty shall extend
for a period of one (1) year after acceptance of the Development by the City.
10. WATER & SEWER HOOKUP FEES & MONTHLY UTILITY RATES. Water and
sewer hookup fees and monthly utility rates are established by City Resolution. Such rates are subject
to updating from time to time. CHC will be required to pay for the appropriate hookup fee for the
size of water or sewer hookup desired. If excavation is required within any public right-of-way, an
Excavation Permit will also be required.
CHC will be required to install the water service line and purchase the necessary water meter
materials, as specified by the City Water Department, for use in the water service connection. CHC
or CHC's plumber will be responsible for acquiring the required plumbing permits and for all costs
associated with the installation of the water service connection.
11. STREET IMPROVEMENTS AND SIDEWALKS
STREET CONSTRUCTION. CHC will construct all streets in accordance with the
Improvement Plans. Said construction shall conform to the typical street design cross -sections
which apply to the type of road construction required in the development. Said cross -sections are
attached hereto and specifically made a part of this agreement (EXHIBIT B-1). It is the policy of
the City to pay for any street costs which may be required by the City but which exceed the
standards required in a particular development. Any street cost sharing by the City is set out in
the Special Conditions attached hereto.
DEVELOPMENT AGREEMENT - 6 TETON RIVER TEMPLE SUB. DA22-013
4860-4510-3197
SEAL COATING OF STREETS. All public streets within the Development are to be seal coated
with an approved chip seal coat within two (2) years of construction unless special arrangements
are made with the City engineering department. CHC may contract with the City to have the
streets seal coated under a City seal coating project with all costs paid by CHC.
SIDEWALKS. CHC is responsible for installing sidewalks in the Development. All sidewalks
associated with the Development are to be completed within not more than three (3) years after
the final plat of the subdivision is recorded. The sidewalks are to be constructed prior to the
issuance of a certificate of occupancy. Failure to construct the sidewalks within the allowed period
will result in the lots being included in a Local Improvement District and the resulting costs
assessed against the property.
12. STREET LIGHTS. CHC agrees to install street lights at each street intersection and
at a maximum distance of 400 feet along city streets and at the end of cul-de-sacs. Street Lights will
be installed according to Rocky Mountain Power guidelines. Street lights shall be as per current
engineering standard details, mounted on a 25 foot metal pole. Any deviation from these guidelines
will be at the discretion of the City of Rexburg Public Works Director. All fixtures are to be dark sky
compliant.
13. STORM DRAINAGE FACILITIES. CHC will construct all on -site and off -site storm
drainage facilities for this project with no financial participation from the City. Storm drain facilities
will consist of at least a collection system and storage facility as approved by the City and DEQ. The
design of the storm water facilities is to be done in accordance with accepted engineering practices.
Storm drain facilities within the Development will include piping, catch basins and a storm water
detention area as approved by the Engineering Department and shown on Improvement Drawings.
Unless otherwise agreed to between the parties hereto, operation and maintenance for the storm water
detention facility after the final plans have been developed and approved will be the responsibility of
CHC.
14. 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
DEVELOPMENT AGREEMENT - 7 TETON RIVER TEMPLE SUB. DA22-013
4860-4510-3197
maintenance procedures are to be approved by the City engineer prior to construction thereof.
Exceptions to this requirement are identified in the Special Conditions.
15. FAILURE TO PAY FEES. In the event CHC fails or refuses to pay any of the fees,
charges or costs set forth herein, the City may refuse to allow the Development to connect to City
owned water or wastewater systems until said fees are paid.
16. PARTICIPATION BY CITY. The parties agree that pursuant to the Special Conditions,
the City has expressly agreed to pay the costs of those portions of the water mains, storm water
facilities and sanitary sewer lines (hereafter collectively referred to as the "Shared Work"), including
any water, storm water, or sewer line extensions, increased line size or capacity, required because of
future service needs originating from properties not owned by CHC and located within the vicinity of
the Development 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 CHC's purposes, and the impracticality or impossibility of constructing
such excess capacity and improvements separately or at a later time, CHC agrees to design and
construct such facilities subject to the City's agreement to reimburse CHC for the portion of such
costs relating to the construction of such excess capacity and improvements, all as set forth in the
Special Conditions. Prior to the commencement of the Shared Work, CHC shall obtain and deliver
to the City three (3) independent bona fide bids for the performance of such work from qualified
contractors. Such bids shall be solicited and itemized in a manner which allows clear and specific
identification of that portion of the construction work for which the City is responsible, or the City
and CHC may reasonably agree upon an equitable amount covering the City's participation in the
shared work within the Development. The City shall have no obligation to pay for any portion of
the costs of the Shared Work unless prior to the commencement of the work the parties have expressly
agreed in writing to a specific amount for which the City will reimburse CHC. Payment of such costs
by the City shall be due within thirty (30) days from acceptance of the Development by the City and
delivery of an itemized statement to the City setting forth in detail the total amount of the costs for
which the City is responsible. The City will not participate in CHC Engineer costs unless specifically
stated in this agreement.
DEVELOPMENT AGREEMENT - 8 TETON RIVER TEMPLE SUB. DA22-013
4860-4510-3197
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
reasonably withhold Certificates of Occupancy until all such work has been completed. The City also
reserves the right to withhold the issuance of building permits until conditions are met.
18. DEFAULT. In the event CHC fails to comply with the terms and conditions hereof in
any material respect, after notice from the City and a reasonably opportunity to cure the same, the
City may withhold the issuance of any building permits, certificates of occupancy or the connection
of water or sewer service to any property owned by CHC and located within the Development, until
such default is fully corrected.
19. FORCE MAIEURE. If CHC shall be delayed or hindered in or prevented from the
performance required hereunder by reason of (i) strikes, lockouts or labor disputes, (h) inability to
obtain labor or materials or reasonable substitutes therefore, (iii) acts of God, (iv) natural disasters
(including floods, earthquake, fire, hurricanes, windstorms, tornadoes), (v) pandemic, epidemic,
outbreak of infectious diseases or other public health crisis, including quarantine, governmental
restrictions, or other employee restrictions as a result thereof, (vi) any moratorium or other
governmental or court imposed restrictions, (vii) riots, criminal acts, insurrection, war, (viii),
vandalism, or (ix) other reason of like nature beyond CHC's reasonable control (collectively, "Force
Majeure"), then (a) the period for performance shall be extended by the period of time equivalent to
the delay caused by such Force Majeure, or (b) performance shall be excused during the period of
non-performance caused by such Force Majeure, as applicable.
20. NOTICES. Any notice required by this Agreement shall be mailed to the receiving party
at the address set forth above or such other address as may be delivered to the sending parry in writing.
Such notice shall be mailed by certified mail, return receipt requested, postage prepaid and addressed
as set forth above and shall be deemed received upon its deposit in the United States mail in such
manner.
21. RECORDING FEES. Prior to the approval of the Development by the City Engineer,
CHC shall pay to the City all recording fees necessary to record this Agreement with the Madison
County Recorder's office.
DEVELOPMENT AGREEMENT - 9 TETON RIVER TEMPLE SUB. DA22-013
4860-4510-3197
22. WATER RIGHTS. In accordance with City Resolutions, the water rights/shares
historically used on CHC's grounds are to be used for onsite irrigation as required by State statutes.
23. IRRIGATION DISTRICT RELEASE. Prior to the final approval of the Development,
CHC shall obtain a certification from the irrigation district, canal company, ditch association or other
similar water delivery entity who provides or delivers water to any property located within the
Development or who provides water through a facility passing through the Development. The
certification shall state (i) that the water rights for all property within the Development are being used
for irrigation of the property and that all liens and assessments of such water delivery entity have been
released, or (h) that all irrigation facilities that have been disturbed or altered by the Development have
been repaired or reconstructed to the satisfaction of the irrigation water user and/or the irrigation
entity owning or operating said irrigation facilities. CHC will be responsible for maintenance on any
modifications to the irrigation system unless otherwise specified in writing.
24. BONDS. Prior to the beginning of construction, CHC is required to file with the City
the Bonds or other approved sureties as required in the Subdivision Ordinance. Failure to file the
appropriate bonds will be justification to refuse the issuance of any building permits, and or the
allowance of connection to any City utilities.
25. CONFLICT WITH STANDARD SPECIFICATIONS. In the event of any conflict
between the terms of this Agreement or the Improvement Plans and the Standard Specifications, the
terms of this Agreement or the Improvement Plans shall prevail over any contrary provision of the
Standard Specifications. In the event of any conflict between the terms of this Agreement and the
Improvement Plans, the terms of this Agreement shall prevail.
26. COVENANTS APPURTENANT TO THE LAND. All covenants and conditions set
forth herein shall be appurtenant to and run with the Development and shall be binding upon CHC's
heirs, successors or assigns.
27. REMEDIES CUMULATIVE. All remedies herein are cumulative and, to the extent not
wholly inconsistent with each other, may be enforced simultaneously or separately, at the sole
discretion of the City.
DEVELOPMENT AGREEMENT - 10 TETON RIVER TEMPLE SUB. DA22-013
4860-4510-3197
28. GOVERNING LAW. This Agreement shall be governed by the laws of the State of
Idaho. The venue for any action arising out of this Agreement shall be exclusively in the District
Court of the 7th Judicial District of the State of Idaho, Madison County, or in the United States
District Court for the District of Idaho.
29. ENTIRE AGREEMENT. This writing evidences the final and complete agreement
between the parties and no other prior statement, representation or understanding shall be binding
upon the parties unless expressly set forth herein.
30. SEVERABILITY. If any provision of this Agreement is determined to be invalid or
illegal, the remainder of the Agreement shall not be affected.
31. WAIVER. Waiver by the City of any breach of any term, covenant or condition shall not
be deemed to be a waiver of that term, covenant or condition on any subsequent breach of it or any
other term, covenant or condition. No term, covenant or condition of this Agreement shall be deemed
to have been waived by the City unless the waiver is in writing by the City.
32. EFFECTIVE DATE. This Agreement shall become valid and binding only upon its
approval by the City and upon its execution by the Mayor.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and
year first above written.
[Signature Pages to Follow]
DEVELOPMENT AGREEMENT - 11 TETON RIVER TEMPLE SUB. DA22-013
4860-4510-3197
*******************************************************************************************
FOR THE CITY OF REXBURG
APPROVED O FORM:
Public Wo sDirector/ City Engineer, Keith Davidson CORPOR,gl%
ls�
APPR FD
By:
r, Jerry errill
STATE OF IDAHO )
ss.
County of Madison
ATTEST:
By:
City Clerk, Deborah Lovejoy
(SEAL)
On this A— day of Uu , 2024, 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.
,,`,�NN►►n►n►rrrphr
,0r`P�J�••�,,�� Notary Public for Idaho
tS; •.•-9 -i Residing at Rexburg, Idaho
Q; ,,,�OTq,9 My Commission Expires: (,yD — Z2 ' Z o
•
N��AV800, a'
DEVELOPMENT AGREEMENT - 12 TETON RIVER TEMPLE SUB. DA22-013
4860-4510-3197
*******************************************************************************************
CHC
THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS, A UTAH CORPORATION
SOLE _,-11
Name•
Title: Authoriz d Agen
Date:
STATE OF UTAH
ss
COUNTY OF SALT LAKE
On this ""* day of &7MW , 2024, personally appeared before me
WcA&4 <% 1 ylOnih , personally known to me to be the Authorized Agent of
THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS, A UTAH CORPORATION
SOLE, who acknowledged to me that he signed the foregoing instrument as Authorized Agent for
said Corporation, that the seal impressed on the within instrument is the seal of said corporation, and
the said signer acknowledged to me that the said Corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first above written.
rn
AMY M SCHABER Notary blic
it�� NOTARY PUBLIC • STATE Of UTAH rY 11, ""
;k F My Comm. Exp. 07/12/2026 Residing at: �,�dH-iib 009M? �. UT
Commission # 719161 My Commission Expires:%�.20.26
(SEAL)
DEVELOPMENT AGREEMENT - 13 TETON RIVER TEMPLE SUB. DA22-013
4860-4510-3197
*******************************************************************************************
Special Conditions
The CITY OF REXBURG (hereinafter referred to as "City' and THE CHURCH OF JESUS
CHRIST OF LATTER-DAY SAINTS, a Utah corporation sole (hereinafter referred to as "CHC"),
hereby agree to the following additional terms and conditions:
(All shared costs will be determined before construction begins.)
1. STREET IMPROVEMENTS. CHC will be responsible for construction of the curb,
sidewalks, and streets within the Development, except where otherwise indicated in these Special
Conditions.
TRAFFIC IMPACT STUDY AND IMPROVEMENTS
A partial traffic impact study (TIS) was prepared by CHC's engineer to review the impact of a
temple proposed to be located in Lot 1 of Block 3 of the Development. A complete TIS that considers
full development of CHC's property will be required to be prepared by CHC's engineer prior to
development of anything except for the proposed temple and CHC will be responsible for the cost of
any improvements recommended to mitigate the impacts of the Development.
EXISTING TRAFFIC SIGNAL AT 2ND EAST AND MOODY RD
The traffic signal at the intersection of 2" East and Moody Road was financed by the City and
other previous developers to mitigate traffic impacts from development of lands near the intersection.
CHC will reimburse the City for its share of the improvements.
CHC's share of the traffic signal costs (for the temple only) were calculated based on the traffic
estimates included in the TIS. Per the TIS, the traffic from the temple will be approximately 7.8% of
the combined AM and PM peak hour traffic at project completion. Additional cost share may be
required based on the complete TIS prior to additional development.
Moody Road Traffic Signal Cost Share: 7.8% X $179,838 = $14,027.36.
DEVELOPMENT AGREEMENT - 14 TETON RIVER TEMPLE SUB. DA22-013
4860-4510-3197
2ND EAST
The existing City street 2❑d East runs along the east edge of the property. CHC agrees to
dedicate to the City all land within 62.5 feet of the section line for street right of way. This includes
the existing street right of way.
CHC is responsible to widen the west side of 2" East to complete the street cross section
shown in Typical Section 5 (see Exhibit B-1) including additional asphalt, curb, and gutter between
the US 20 off ramp and Moody Road. CHC will be responsible for a minimum width of 19.5 feet of
new asphalt roadway, the right -turn lanes proposed on the plans, and the thickness of Typical Section
4. The City agrees to reimburse CHC for any additional width of asphalt roadway and the increased
roadway thickness, in accordance with Section 16 of the Development Agreement. The City will
reimburse CHC for the cost of the improvements from the north edge of CHC's property to the US
20 off -ramp.
CHC will be responsible to modify the existing traffic signal to accommodate the proposed
southbound right turn lane at Moody Road.
CHC is responsible to construct the sidewalk along the west side of 2❑d East from Moody
Road to CHC's north property line. The construction of the north end of the sidewalk (north of the
sidewalk shown on the approved plans) may be postponed until such time as the overpass is modified
to accommodate pedestrian traffic or the City Engineer determines that the sidewalk is necessary.
MOODY ROAD
The existing City street Moody Road (2000 North) runs along the south edge of the property.
CHC agrees to dedicate to the City all land within 39.5 feet of the section line along the south side of
the development for street right of way. This includes the original Moody Road right of way.
CHC is responsible to reconstruct and widen the north side of Moody Road to complete the
street cross section shown in Typical Section 4 including additional asphalt, curb, gutter, and sidewalk
along the Development. CHC will be responsible for a width of 19.5 feet of new asphalt roadway.
The City agrees to reimburse CHC for a width of 11 feet of additional street reconstruction,
in accordance with Section 16 of the Development Agreement. The City will also reimburse CHC for
the cost of the improvements along the property on the north side of Moody Road not owned by
CHC. The City will arrange for any additional right of way needed along properties not owned by
CHC.
DEVELOPMENT AGREEMENT - 15 TETON RIVER TEMPLE SUB. DA22-013
4860-4510-3197
CHC has also proposed to reconstruct and widen the south side of Moody Road wider than
the required 30.5 feet (19.5 ft plus 11 ft). For a period of 10 years, any Street Front Footage Fees, as
established in the most current City of Rexburg fees schedule, that are collected by the City of Rexburg
will be returned to CHC.
TETON RIVER TEMPLE STREET
The proposed Teton River Temple Street is at a location planned in the City's Transportation
Master Plan and is planned to continue west and east. The street will be constructed per Typical
Section 4. The City agrees to reimburse CHC for a width of 11 feet of street construction, in
accordance with Section 16 of the Development Agreement. The full width of Teton River Temple
Street is required to be constructed from 2nd East to West Church Drive at the time that Lot 1 of
Block 3 is developed, and from West Church Drive to the west edge of the Development at the time
that either Lot 2 of Block 3 or Lot 1 of Block 4 is developed.
TEMPLE VIEW DRIVE
CHC has proposed to construct Temple View Drive per Typical Section 4. This street will be
required to be constructed with the first phase of development to provide access to 2" East via Moody
Road. CHC will be responsible for the full cost of construction.
WEST CHURCH DRIVE
West Church Drive will be required to be constructed when Lot 1 of Block 2, Lot 1 of Block
4, or Lot 2 of Block 3 is further developed. The street will be constructed with a width per Typical
Section 1, but with the roadway thickness of Typical Section 4.
2. WATER FACILITIES. CHC will be required to provide adequate pressure to the
Development JDAPA 58.01.08.552.01.b minimum 40 psi, normal working pressure between 40 and
80 psi.). CHC will be required to install all onsite water lines, service lines, valves, and fire hydrants at
their expense. CHC will also be responsible for an area charge of $861 per acre for the development
(Resolution 2005 -10).
The cost to CHC is: 103.69 acres X $861/acre = $89,277.09.
3. FRONT FOOT WATER CHARGE AND EXTENSIONS. The subject property has
approximately NO lineal feet of frontage along an existing city water line installed by another CHC
adjacent to the proposed development in the past.
DEVELOPMENT AGREEMENT - 16 TETON RIVER TEMPLE SUB. DA22-013
4860-4510-3197
Front footage costs for water line: NONE.
CHC agrees to upsize the water line in Temple View Drive from the 10-Inch line required for
the Development to a 12-Inch line required by the City. The City agrees to reimburse CHC for the
increase in cost of materials for increasing the pipe size from 10-Inch to 12-Inch.
CHC will be required to install water lines to the west edge of the Development in Teton River
Temple Street and Moody Road. The City agrees to reimburse CHC for the increase in cost of
materials for increasing the pipe size from 8-Inch to 16-Inch for the line in Moody Road. For a period
of 10 years, any Front Footage Fees, as established in the most current City of Rexburg Utility Rate
Schedule, that are collected by the City for connection to the water line will be returned to CHC.
CHC will be required to install a 12-Inch water line from Temple View Drive to the east edge
of the Development in Teton River Temple Street and across 2" East and install a fire hydrant on the
east side of 2nd East. The City agrees to reimburse CHC for the water line crossing of 2nd East, the
fire hydrant, and the increased cost of materials for increasing the pipe size from 8-Inch to 12-Inch.
This extension is meant to prevent future disruption of access to Teton River Temple Street from 2nd
East.
4. SANITARY SEWER FACILITIES. A regional lift station and pressure sewer line will be
constructed by the City to service the Development. The proportionate share to CHC will be $1821
per acre of development for the area of the development further than 250 feet from the sewer line
considered for the Front Foot Charge (Resolution 2005-10).
The cost to CHC is: 103.69 acres X $1821/acre = $188,819.49.
CHC will be responsible for the installation of all additional sewer lines, manholes, and related
work within the Development.
5. FRONT FOOT SANITARY SEWER CHARGES AND EXTENSIONS. The subject
property has NO lineal feet of frontage along a sanitary sewer line.
Front footage costs for sanitary sewer line: NONE.
CHC will be required to install sewer lines to the west edge of the Development at Moody
Road. The City agrees to pay for the increase in cost of materials for increasing the pipe size from 8-
Inch to 12-Inch for the line in Moody Road. For a period of 10 years, any Front Footage Fees, as
DEVELOPMENT AGREEMENT - 17 TETON RIVER TEMPLE SUB. DA22-013
4860-4510-3197
established in the most current City of Rexburg Utility Rate Schedule, that are collected by the City of
Rexburg for connection to the sewer line will be returned to CHC.
6. STORM SEWER FACILITIES. CHC will install all storm drainage facilities, including the
detention facility. The City will not own or maintain the storm drainage facilities outside of the public
street right-of-way.
7. FRONT FOOT STORM DRAIN CHARGES. The subject property has NO lineal feet
of frontage along the storm drain line that the City has installed.
Front footage costs for storm drain charges: NONE.
8. ONSITE IRRIGATION SYSTEM: CHC acknowledges that this subdivision will be
irrigated with a private secondary water irrigation system utilizing surface water for irrigation of the
Development, except for the area identified as Primary Irrigation in Exhibit A-2.
In the area identified as Primary Irrigation in Exhibit A-2, the City agrees to allow CHC
to utilize primary (culinary) water for irrigation. CHC agrees to the following conditions regarding use
of primary water for irrigation:
• CHC agrees to install and maintain smart controllers and valves to limit the maximum
instantaneous irrigation usage to 200 gallons per minute (gpm).
• CHC agrees to transfer to the City ownership of groundwater rights sufficient to supply a
flow of 50 gpm (equivalent to 0.11 cubic feet per second) with an annual volume of at
least 16.9 acre-ft for irrigation to the Primary Irrigation system. These water rights must
be transferrable to the City's groundwater wells without a reduction in flow rate. Primary
Irrigation will be limited to the season of the groundwater rights provided.
• CHC agrees that irrigation usage will be limited to 71,201 gallons per day. Exceeding this
daily limit will require payment of additional capacity fees.
9. WATER SHARES: CHC will keep and utilize its 8 shares in the Teton Island Canal to
provide water to the secondary irrigation system.
[Signature Pages to Follow]
DEVELOPMENT AGREEMENT - 18 TETON RIVER TEMPLE SUB. DA22-013
4860-4510-3197
*******************************************************************************************
FOR THE CITY OF REXBURG
APPROVE TO FORM:
Z
Public V r �s Director/ City Engineer, Keith Davidson
STATE OF IDAHO )
. ss.
County of Madison
ATTEST:
OF
.............
ooRPoRq�� �;
§-EA
Ii9iF ... F 10 P��`���•
�i>ernnmu►e��
By:
City Clerk, Deborah Lovejoy
(SEAL)
On this -�-- day of WDvft)UX , 2024, 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.
ntag0h
�:' '%
N #OTAR N
N' n0AV61.�C'�o,
NO.
Notary Public for Idaho
Residing at Rexburg, Idaho
My Commission Expires:CD' �2 "
*******************************************************************************************
DEVELOPMENT AGREEMENT -19 TETON RIVER TEMPLE SUB. DA22-013
4860-4510-3197
CHC
The Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter-day Saints,
a Utah Corporation Sole
STATE OF UTAH
ss
COUNTY OF SALT LAKE
On this v2� day of �U o b�V 2024, personally appeared before me
Mjr. yel J _474M 90 , personally known to me to be the Authorized Agent of the
Corporation of the Presiding Bishop of The Church of Jesus Christ of Latter-day Saints, a Utah
Corporation Sole, who acknowledged to me that he signed the foregoing instrument as Authorized
Agent for said Corporation, that the seal impressed on the within instrument is the seal of said
corporation, and the said signer acknowledged to me that the said Corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first above written.
�� AMY M SCHABER
,. '; NOTARY PUBLIC • STATE OF UTAH Nota Public
,, ' { My Comm. Up. 07/12/2025 Residing at: ,.sQ� ! Cam'
Commission # 719161 My Commission Expires: -7 5
(SEAL)
DEVELOPMENT AGREEMENT - 20 TETON RIVER TEMPLE SUB. DA22-013
4860-4510-3197
EXHIBIT A-1 TETON RIVER TEMPLE SUBDIVISION PLAT
vo g•i s,�.
g?�o0
�3im n—
'�zc �
u Act
nom
mz�
mDz Ji
�oo �
NO
AJ
o°z
Fm Aym2Oms_
m2nmyc�°-1
Z OT��r��zD
OO nm Z<
zo yin=
°< 1
c�o -o
5O5 =
ypi m Ygirp3
y2rpOy
_gzoa��
cziz pZ�
wm Nvo
° °gym
$j O �
;2 w
?i �mw
a.
m °Z
3 � N Nm m
yN
am
m0
y a
0
PR
n
N89°44'53"E 1638.05'p�Np
390.9r
TETON ISLAND CANAL 1247.14'
I
° m
�
yD
n ti
RTATION
co
11
flu
-
OEXISTING TRANSP
I SE7
DEPARTMENT EA
NO.775547
y�
I m b
4p'o.
g
m
a
is'
P.U.E.-
Z
a
1
°z m rn 7
03
0 1O
1
O
0
°-,
m
O
A
g
SO
3
gzp r
zc9
o I n 0
\\ w
II
°
y�'
�N I m
m I y
co I I I
I
I
A
r m
O
tio<
0 m 3
I - I
EXISTING 33'
DEPARTMENT OF
I
J
map
S y Z
rmi O
o<
I I
I v
I d
p
O
TRANSPORTATION
PRESCRIPTIVE
WAY
RI EASEMENT
EASEMENT
I
n a
6-I
=
y
fT1
O
m �_
y
�
IL
u
SEE NOTE 4
m c
Z
g a
`"-
I I
0
u
I
iy I
I m I I
$
T62,5'OF
RIGHT OF WAY
m T
M M
I l
-----'S89°45'S3"WJ ��`--------------------12A0.97'---- _----------
388.03' y S89°45'S39N
S89°45'S3'W d40.53' TETON RIVER TEMPLE $T_589°45'S3'W 709.50'
- - - -
---
_ S89°45'S3^N 884.97 _
I
I
�
m m
m /
.� C`
N89°45'S3'E n N89°45'53'E
�n N8699.0 ,
598.00'- - - - - - - - � 0 -----525.9T--------
I
\
A
- 0 m
Z (n
= I I
I I
I l a
I I
I
/v
n m
I I
o
A
o
i
I I
ICI
l y
I I<
I I
I
I I
°
-n°Z m
I
34' 34'
RIGHT OF WAY I I RIGHT OF WAV
I
I I
15' P.U.E.
I
I
;
NO M J
IVA X -i
m
I I 3OF
f I 39.5'
I ti
m
<< T
C<
I RIGHT OF WAV
I I m RIGHT OF WAV
I m
2
V
I I
I r I
I I
O
� Z r
15' P.U.E. '1 I tl' S U,E. 15' P 5
m
m
I I
I I
IP
RIGHT OF WAY I
N O
D
I
I I
a
1/ ^,
O O U
I
I I
a�
wA
F
x
> m
I I N m
+
n
(AI
I I (AI
I I
I I
I �
N
EXISTING 33'
PRESCRIPTIVE
RIGHT OF WAY
q;q
!
[it/
A G
I I
I 4 I
to;mc
EASEMENT
SEE NOTE 4
I
I
I
z
= O
m
I a I r
"m
1 Imp z
I I
�
I Fly I
I I I $°
I
TI
O O
y
I n Io I w I
I I xW
I
om
0m�n $ 10F��z
E ii; L — — — _ — _ J
q-7-
yIN
(n
5.
0--
--388.-------'599.00'----_-----
-
_391.79'- ---
,
�C1C
—589'38'S3"W - — -589'38'S3'W- MOODY RD.'
440.53'.. 708.50'
—�-150.00'
"
y
S89°38'53"W 1189.93' W. 200 N.
— —
I I;
S89°38'53"W 475.07'
w
S z m N m
-°iz Om$��Oom cmf/1 v I j
z; ;y 0o91"?o2'2 m I D o O T • ��
00«p;m�mmo0
pmmmm 5m0 O
ozmo%Cpz°oS <rm Q<"Fi'timzNmiAmHr0 w= a.� s�n m£ n�Qr$o� igy"2zm= 'a8€ m H= zm mmggF
p;=AA �2 opbomS m 9
=0
-
II...�yy �y CCmymO rZ.pN 3
fA Vey m mg& ym<om
N).m.1 Or° .,z ° i11 5o m o m • �� n i�
z i
An,
ff� �m
EXHIBIT B-1
F-
W
W
a
F-
J
Q
rr
F-
Z Aj
W
Q
N
W
J
Q
f
Z
w
W
Of
F
W
W in
H 7
H
J F
W
r)e V)
W
H J
� d
u
C�f 0-
0 }-
Z