HomeMy WebLinkAboutAmendment Development Agreement Yellowstone ResortInstrument # 465778
REXBURG, MADISON, IDAHO
12-31-2024 02:21:57 PM No. of Pages: 5
Recorded for: CITY OF REXBURG
KIM H. MUIR Fee: 22.00
Ex-Officio Recorder Deputy
AMENDMENTITO
THE DEVELOPMENT AGREEMENT
YELLOWSTONE RESORT
(LOTS 1, 2, AND 3)
OF THE CITY OF REXBURG
The CITY OF REXBURG, a municipal corporation (hereinafter called "City"), with a
mailing address at 35 N 1st E, P.O. Box 280, Rexburg, Idaho 83440, and BENCH FARMS, LLLP,
an Idaho limited liability limited partnership (hereinafter called the "Developers"), with a mailing
address at: 950 S Millhollow Rd., Rexburg, ID 83440, executed a Development Agreement
(hereinafter called "Agreement") for YELLOWSTONE RESORT (LOTS 1, 2, AND 3) on May 16,
2022, recorded at Madison County as Instrument #449893.
Lot 1 remains under the ownership of BENCH FARMS, LLLP.
Lots 2 and 3 are now owned by YELLOWSTONE RV RESORT, LLC, (hereinafter called
the "Developers") with a mailing address at: PO Box 51298, Idaho Falls, ID 83405.
The Parties desire to amend the Agreement. All conditions and requirements of the Agreement
remain in force, unless modified herein. This Amendment to the Agreement is made this
-kk day of Cew%r 2024.
REVISIONS TO DEVELOPMENT AGREEMENT
Replace the following paragraph as follows:
21. WATER RIGHTS. In accordance with City Resolutions, the Developers will keep and
utilize their surface water shares to provide water to the secondary irrigation system.
REVISIONS TO SPECIAL PROVISIONS
Replace the following paragraph as follows:
8. WATER RIGHTS/SHARES: The Developers will keep and utilize their shares in the
Rexburg Irrigation Canal to provide water to the secondary irrigation system.
Add the following paragraph as follows:
AMENDMENT TO DEVELOPMENT AGREEMENT - 1 DA21-012, YELLOWSTONE RESORT
10. ON SITE IRRIGATION SYSTEM: The Developers agree to install, maintain, and
operate a private onsite secondary irrigation system using surface water for all irrigation within the
development. This conversion to secondary irrigation is required to be constructed prior to the
commencement of the 2025 irrigation season.
END OF AMENDMENT TO DEVELOPMENT AGREEMENT
[Signature Pages to Follow]
AMENDMENT TO DEVELOPMENT AGREEMENT - 2 DA21-012, YELLOWSTONE RESORT
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FOR THE CITY OF REXBURG
APPROVED AS TO FORM: Z GpR RAT U:• PO
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Public rks Director/ City Engineer, Keith Davidson
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STATE OF IDAHO )
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County of Madison
ATTEST:
By:
City Clerk, Deborah Lovejoy
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(SEAL)
On thJ 3 day of tkC,e, n ems" , 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.
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AMENDMENT TO DEVELOPMENT AGREEMENT - 3 DA21-012, YELLOWSTONE RESORT
DEVELOPERS
Bench Farms, LLLP, an
Idah Liability Limited Partnership
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By:
Richard Smith, Manager
STATE OF 6 AQ)
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County of Ma &SM )
On the 3 dap of Df ((M b� OULI , before me the undersigned, a notary
public in and for said State, personally appeared Richard Smith, known or identified to me to be the
Manager of BENCH FARMS, LLLP, and the Manager who subscribed said limited liability limited
partnership name to the foregoing instrument, and acknowledged to me that he is the Manager and
executed the same in said limited liability limited partnership name.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first above written.
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AMENDMENT TO DEVELOPMENT AGREEMENT - 4 DA21-012, YELLOWSTONE RESORT
YELLOWSTONE RV RESORT, LLC
By. BV Executive Management, Inc., an
Idaho corporation, the Executive Manager
TaM Molifua, xecuti Vice President
STATE OF IDAHO )
)ss.
County of Bonneville )
On the Dom: . day of \-> _C,, - , -_x) j , before me the undersigned, a notary
public in and for said State, personally appeared Tahri Molifua, known or identified to me to be the
Executive Vice President of BV Executive Management, Inc., which corporation is the Executive
Manager of Yellowstone RV Resort, LLC, and the Executive Manager who subscribed said limited
liability company name to the foregoing instrument, and acknowledged to me that such corporation
as the Executive Manager executed the same in said limited liability company name.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year in this certificate first above written.
BRANDI LOVE Notary Public for Idaho
COMMISSION NO.37925
NOTARY PUBLIC
STATE OF I DAHO
[My COMMISSION EXPIRES O4112126
AMENDMENT TO DEVELOPMENT AGREEMENT - 5 DA21-012, YELLOWSTONE RESORT