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HomeMy WebLinkAboutDevelopment Agreement Squires Subdivision Div 3Instrument # 469196 REXBURG, MADISON, IDAHO 7-31-2025 10:18:00 AM No. of Pages: 24 Recorded for: CITY OF REXBURG KIM H. MUIR Fee: 79.00 M- Ex-Officio Recorder Deputy DEVELOPMENT A(REEMENT SQUIRES SUBDIVISION - DIVISION NO.3 OF THE CITY OF REXBURG AGREEMENT, made this day of , 2025, by and between the CITY OF REXBURG, a municipal corporation (hereinafter calle `C4"), with a mailing address at 35 N 1st E, P.O. Box 280, Rexburg, Idaho 83440, and WINCO FOODS, LLC (hereinafter called the "Developer'), with a mailing address at: 650 N. Armstrong Place, Boise, Idaho 83704. 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, commonly known as "SQUIRES SUBDIVISION - DIVISION NO. 3" (hereafter referred to as the "Development"), which is more particularly described on the plat attached hereto as EXHIBIT A 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 (as further defined below) for the Development; and WHEREAS, City water and sanitary sewer facilities are adjacent and/or 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 SQUIRES SUBDIVISION - DIVISION NO 3. 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. The Development is to be developed in two phases. "Phase 1" shall include all of the utility installation, site work, and grading for the Development and the above -ground improvements to be constructed by Developer on Lot 4 in the Development. "Phase 2" shall include construction and installation of any above -ground improvements on Lot 5, Lot 6, or Lot 7 of the Development. DEVELOPMENT AGREEMENT - 1 SQUIRES SUB. DIV. 3 DA24-011 2. IMPROVEMENT PLANS. Developer has filed, or will file, a complete set of improvement plans for the Development showing all streets, sewer lines, water lines, fire hydrants, storm drains, street signs, streetlights, traffic control devices, barricades, fiber network conduit and handholes, and other public improvements contemplated within the Development (the "Improvement Plans"). 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 resolution 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 ("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. 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 DEVELOPMENT AGREEMENT - 2 SQUIRES SUB. DIV. 3 DA24-01 1 public 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 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") 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 two 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. All inspections to be done as per the current Idaho Standards for Public Works Construction, ISPWC. The following minimum testing is required as a stipulation of this Agreement, and additional testing may be required if so stipulated in the Special Conditions: (a) Sewer lines shall be inspected not later than 30 days after installation and completion of backfill, but before geotextile fabric for the road is installed. Such inspection shall include: DEVELOPMENT AGREEMENT - 3 SQUIRES SUB. DIV. 3 DA24-011 • 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. (b) Water lines (Class 50 D.I.) shall be subject to the following inspections: • 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). (c) Road construction shall be subject to the following inspections: • 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 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 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 DEVELOPMENT AGREEMENT - 4 SQUIRES SUB. DIV. 3 DA24-011 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 and paper copy) • Engineers certification of compliance with approved engineering plans • 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 the authorization to the Building Department to allow building permits to be issued. DEVELOPMENT AGREEMENT - 5 SQUIRES SUB. DIV. 3 DA24-011 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 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. Each lot'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. Each lot's developer or its 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. Developer is not constructing any new public streets or rights of way in connection with the Development, except for widening of the existing streets to provide acceleration and deceleration lanes recommended by the Traffic Impact Study. Developer will be connecting private streets and driveways to the existing public rights of way known as Moody Road (also known as 2000 North) and 2nd East (also known as Salem Road), including improvements to the existing public rights of way at such connection points, which shall be constructed in Phase 1 of the Development in accordance with the Improvement Plan. Additional lanes constructed along public streets at the connection points shall conform to the typical street design cross sections shown in Exhibit B. The additional lanes constructed along public streets 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 is also responsible for installing 5-foot sidewalks in the Development. All sidewalks associated with DEVELOPMENT AGREEMENT - 6 SQUIRES SUB. DIV. 3 DA24-011 Phase 1 of the Development are to be completed within not more than three years after the final plat of the subdivision is recorded, but before issuance of a certificate of occupancy for the structures in Phase 1. All sidewalks associated with Phase 2 of the Development are to be constructed by Developer or its successor -in -interest to such lot in connection with the construction of any improvements on such lot and shall be completed prior to the issuance of a certificate of occupancy for any building on such lot. 12. STREETLIGHTS. Developer agrees to install streetlights along Moody Road and at the intersection of the access road to 2nd East in Phase 1 of the Development in accordance with the Improvement Plan. Other streetlights shall be installed along 2"d East in connection with construction of any improvements in Phase 2 of the Development by Developer or its successor -in - interest to any lot within Phase 2. Streetlights will be installed according to Rocky Mountain Power guidelines and in accordance with the City's engineering standards in effect at such time as the streetlights are installed. 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 as required by City Code. 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 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 its successors -in -interest, or any property owners' association created by the owners of property within the Development, if any. 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. DEVELOPMENT AGREEMENT - 7 SQUIRES SUB. DIV. 3 DA24-011 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 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 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. DEVELOPMENT AGREEMENT - 8 SQUIRES SUB. DIV. 3 DA24-011 Payment of such costs by the City shall be due within thirty 30 days after 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. 21. WATER RIGHTS. In accordance with City Resolutions the water rights/shares owned by Developer and historically used on the Development property are to be used for onsite irrigation as required by State statutes. DEVELOPMENT AGREEMENT - 9 SQUIRES SUB. DIV. 3 DA24-011 22. IRRIGATION DISTRICT RELEASE. Prior to the final approval of the Development, Developer shall provide the City with evidence of Developer's ownership of any irrigation shares associated with the Development. Developer shall use commercially reasonable efforts to 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 within the Development unless otherwise specified in writing by the irrigation district. 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. In particular, and without limiting the foregoing, Developer's obligations under this Agreement and the Special Conditions with respect to the improvements to be constructed in Phase 2 of the Development shall be binding on any successor - in -interest to Lot 5, Lot 6, and/or Lot 7 within the Development. DEVELOPMENT AGREEMENT - 10 SQUIRES SUB. DIV. 3 DA24-011 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 follow immediately.] DEVELOPMENT AGREEMENT - 11 SQUIRES SUB. DIV. 3 DA24-01 1 FOR THE CITY OF REXBURG APPROVED AS TO FORM: OF.`�i��� !Zs IS GCO�O .F�6 Public s Director/ City Engineer, Keith Davidson A;yo VED B erry errill STATE OF IDAHO ) ss. County of Madison ATTEST: By. City Clerk, Deborah Lov oy (SEAL) 9 On this 2 � day of , 2025, 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. ���tlfltf►h�„�I/ �1�;;;�.GQ ��'�� No ry Public for Idaho •'�Q�P' '•�� '; Residing at Rexburg, Idaho %0TA, � �m =i My Commission Expires: 2 i 3I 2>7 ....- (P j,AVBLIGQ; N= y 6 ; �c O F `op.�,,,. DEVELOPMENT AGREEMENT -12 SQUIRES SUB. DIV. 3 DA24-011 ******************************************************************************************* DEVELOPER: WINCO FOODS, LLC By: saac ball, SVP & CFO STATE OF IDAHO COUNTY OF ADA This record was acknowledged before me on .402 6 .2.01-)� by S s--A 6A , as the MVP �C VV of WinCo Foo s, LLC. 'Of LA tom. No. ?,r •�'�1.f' ? 140TARro' Zf PUBLIC e" t °• OOF Notary Public in and for the State of Idaho My commission expires: q DEVELOPMENT AGREEMENT - 13 SQUIRES SUB. DIV. 3 DA24-011 ******************************************************************************************* Special Conditions In addition to the terms and conditions set forth in the foregoing Agreement between the City and Developer, the City and Developer have agreed upon the following Special Conditions with respect to the Development: STREET IMPROVEMENTS. The City will not share in the cost of any streets within the development. All streets within the development will be considered private. TRAFFIC IMPACT STUDY A Traffic Impact Study (TIS) has been prepared for the Development. The Developer will be responsible to construct the improvements recommended by the TIS to address the impacts of the Development. The recommended improvements in the TIS are divided into Phase 1 and Phase 2 as described in the Development Agreement. The recommended improvements with respect to Phase 1 will be constructed in connection with the improvements to Lot 4 of the Development, in accordance with the Improvement Plan. The recommended improvements with respect to Phase 2 will be the responsibility of Developer or its successor -in -interest to any lot within Phase 2 of the Development in connection with any above -ground improvements constructed on such lot. 2ND EAST STREET The existing City street 2nd East runs along the west edge of the property. The Developer agrees to dedicate to the City all remaining land within 62.5 feet of the section line for street right of way. The subject property has approximately 658 lineal feet of frontage along the existing City street, curb, gutter, and sidewalk that the City has constructed adjacent to the proposed development. The Developer shall reimburse the City in accordance with the current ordinance as follows: a. Front footage costs for business street: Waived based on agreements during formation of Urban Renewal District in 2015. b. Front footage costs for curb and gutter including infiltration system: 658 feet X $125.00/ft = $82,250.00. c. Front footage costs for sidewalk: 658 feet X 5 feet X $162.75/SY = $59,494.17. DEVELOPMENT AGREEMENT - 14 SQUIRES SUB. DIV. 3 DA24-01 1 ACCESS TO 2N11 EAST A single site driveway will be allowed to connect the Development to 2"`' East. This access will have right-in/right-out access only. The Developer agrees to construct a northbound right -turn lane at the site driveway as part of Phase 1, as recommended by the TIS. As recommended by the TIS, the Developer or its successor -in -interest agrees to construct an internal street connection south to Stationary Road prior to development of the commercial lots included in Phase 2, to provide access to 2"`' East at the signalized Stationary Road intersection. 2ND EAST AND MOODY RD TRAFFIC SIGNAL 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. The Developer will reimburse the City for its share of the improvements in the amount set forth below. The Developer's share of the traffic signal costs was calculated based on the traffic estimates included in the TIS for both Phase 1 and Phase 2 of the Development. Per the TIS, the traffic from the Development will be approximately 11.1% of the combined AM and PM peak hour traffic at project completion. Moody Road Traffic Signal Cost Share:11.1% X $179,838 = $19,962.02. MOODY ROAD The existing City street Moody Road runs along the north edge of the property. The Developer agrees to dedicate to the City all remaining land within 60.50 feet of the section line for street right of way. The subject property has approximately 672.30 lineal feet of frontage along the existing City street that the City constructed adjacent to the proposed development in the past. The Developer agrees to reimburse the City in accordance with the current ordinance as follows: a. Front footage costs for business street: 672.30 feet X 19.5 feet X $71.50/SY = $104,150.48. b. Front footage costs for curb and gutter including infiltration system: 672.20 feet X $125.00/ft = $84,025.00. The Developer will construct the sidewalk at the right of way line and install and maintain landscaping between the sidewalk and curb. DEVELOPMENT AGREEMENT - 15 SQUIRES SUB. DIV. 3 DA24-011 ACCESS TO MOODY ROAD Accesses to Moody Road must be spaced, located, and configured as shown on the Improvement Plans, as approved by the City Engineer. As recommended by the TIS, the Developer agrees to construct an eastbound right turn lane at the west site driveway as part of the improvements to be constructed in Phase 1. MOODY RD AND YELLOWSTONE HIGHWAY INTERSECTION The TIS projects failing conditions at the intersection of Moody Rd and Yellowstone Highway (State Highway 33) with development of Phase 2. The TIS proposes conversion of the intersection to all -way stop control to improve the level of service. Streets owned and maintained by the City of Rexburg, City of Sugar City, Madison County, and Idaho Transportation Department come together at this intersection and any modifications will require coordination and approval by all entities. Prior to development of structures in Phase 2, the Developer and its successor(s)-in- interest to any lots within Phase 2 agrees to have its consultant perform further traffic counts and prepare a thorough study of options for improvements to the intersection (e.g. stop control, traffic signal, roundabout). Once a satisfactory solution is agreed upon by the City, the Developer and its successor(s)-in-interest, and the other entities with jurisdiction at this intersection, the Developer and its successor(s)-in-interest will be responsible for the design and construction of the improvements, prior to development of Phase 2. Each party's share in the cost of the improvements will be proportional to the percentage of AM and PM peak hour traffic attributed to the development of each party's lot or lots within both Phases 1 and 2 of the Development compared to other sources, at the time of construction of any improvements on such lot or lots. The City agrees to proportionally reimburse the Developer for the cost of construction of the improvements. This will be based on the percentage of the traffic that is not attributed to the Development. WATER FACILITIES. The Developer will be required to provide adequate pressure to all lots in the subdivision. IDAPA 58.01.08.552.01.b requires a minimum 40 psi, normal working pressure between 40 and 80 psi. The Developer will be required to install all onsite water lines at its expense. The Developer will DEVELOPMENT AGREEMENT - 16 SQUIRES SUB. DIV. 3 DA24-01 1 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 is: 10.57 acres X $861/acre = $9,100.77. The Developer will be responsible for the installation of all additional water lines, service lines, valves, fire hydrants and related work within the Development. FRONT FOOT WATER CHARGE AND EXTENSIONS. The subject property has approximately 1330 lineal feet of frontage along an existing city water line that the City installed within or adjacent to 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: 1330 feet X $62.50/ft = $83,125.00 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 for the area of the development further than 250 feet from the water 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 offsite main line to the nearest main line. The cost to the Developer is: 14.24 acres X $1821/acre = $25,931.04. The Developer will be responsible for the installation of all additional sewer lines, manholes, and related work within the Development. FRONT FOOT SANITARY SEWER CHARGES. The subject property has 672 lineal feet of frontage along a sanitary sewer line that the City installed. The Developer shall reimburse the City for its share of the costs of said utility as follows: Front footage costs for sanitary sewer line: 672 feet X $65.00/ft = $43,680.00. STORM SEWER FACILITIES The Developer will install all onsite storm drainage facilities within the Development. Each property owner within the Development will be responsible for operation and maintenance of the DEVELOPMENT AGREEMENT - 17 SQUIRES SUB. DIV. 3 DA24-01 1 stormwater facilities for such owner's lot (or lots). The owners of the lots within the Development with be jointly responsible for operation and maintenance of the stormwater facilities serving the private roads within the Development. 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 not be required to reimburse the City for any share of the costs of said utility. ON SITE IRRIGATION SYSTEM: The Developer acknowledges that this subdivision will be irrigated with a private secondary water irrigation system utilizing surface water for irrigation of the Development. The Developer or its successors -in -interest will be responsible for operation and maintenance of the irrigation system within the Development. WATER RIGHTS/SHARES: The existing water share in the Teton Island Canal Company with respect to the Development will be retained by the Developer to provide irrigation water to the required onsite irrigation system. MAINTENANCE OF EASEMENTS AND RIGHTS OF WAY: The Developer or its successors in interest, or any property owners' association if formed by the owners of the property within the Development, will be responsible to maintain the vegetation and trash within any ditch easements and within street rights of ways within and immediately adjacent to the Development in accordance with City Ordinances. END OF SPECIAL CONDITIONS DEVELOPMENT AGREEMENT - 18 SQUIRES SUB. DIV. 3 DA24-011 ******************************************************************************************* FOR THE CITY OF REXBURG APPROVED AS TO FORM: Public W Director/ City Engineer, Keith Davidson APP VED r By: yo , erryrYerr-ill STATE OF IDAHO ) . ss. County of Madison ATTEST: By: City Clerk, Deborah Lo oy (SEAL) On this � day of , 2025, 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. �u'LYty� "'""""► Notary ublic for Idaho °'�A�p:.C..o�/�j'�., Resi ' a exburg, Idaho 3 ,��Q;• •;9� - My Commission Expires: pAUB1.�Ga �0 NO •P Asia gaitto" DEVELOPMENT AGREEMENT - 19 SQUIRES SUB. DIV. 3 DA24-011 ******************************************************************************************* DEVELOPER: WINCO FOODS, LLC By: :;:,Z Isaac ball, SVP & CFO STATE OF IDAHO COUNTY OF ADA This record was acknowledged before me on July X1 2025 by Isaac Kimball, as the Senior Vice President and Chief Financial Officer of WinCo Foods, LLC. (SEAL) Notary Pu lic in and for the S to of daho ,�00" Y E{� My commission expires: ©G NOTg1jy r�... + PUBLIC .,,1 4116 OF �Oe. DEVELOPMENT AGREEMENT - 20 SQUIRES SUB. DIV. 3 DA24-01 1 gg0ww iffir EXHIBIT A Description of Development SQUIRES SUBDIVISION - DIVISION NO. 3 PLAT (See attached.) DEVELOPMENT AGREEMENT - 21 SQUIRES SUB. DIV. 3 DA24-01 1 m ;ZaS � n www Wa � m �z �n N. 2ND E. = ;^ BA,f6"QvdElRgt S0011'00•W 2630.93' 2388.18' — 7 ...,..-- -2 —i �v I- �a d I I g €y I � I � - I I 1 W�m I n R I EXHIBIT A zF PIE 2Z75' V 0 — 8 0 2 �A I a �y,°o $ N I - a - y �yP ��+ oq0 zpN z '� S y D 4NO'OB'22•W 1 c mii N QN A� 197.' I I PR 8_xI��c m }y�SISNy 1+ ,om X• e p I m �5 °P�Fmz$ .'X -- a o $� 9°- o 0 o r zQ 0c i g' u��yyq y >R A i �S ° w z' m m= g g '+ot4.pw cyo AS rt�L i' `'i 4a '�+�n g o A D 0 '" m �40 Iwo >1 �8�Op i A 20 s� NZ 8 rn�5a I Ym7"b",: z 11 i o gozz v� �jp PA i R u m I i `I D 3 8�R�� I 1 2< O I _ m I i 8 0 A c M z im 0 o Cl) me C z W P O T O �On m �'de ymz S ad Oz z c�mA E O' C 00Q C z3 �$ m Cf) D =1O = OZ O ? VZ O w p- EXHIBIT B Typical Street Design Cross Section TYPICAL SECTION 5 (See attached.) DEVELOPMENT AGREEMENT - 22 SQUIRES SUB. DIV. 3 DA24-011 MINOR ARTERIAL STREET TYPICAL SECTION 5 m x