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HomeMy WebLinkAboutDevelopment Agreement - Iron Horse Division 1 Ilnstrument# 442210 3EXBURG, MADISON,IDAHO 7-13-2021 03.25:38 AM No.of Pages:20 I recorded for:CITY OF REXBURG I(IM H.MUIR Fee:0.00 !'! I=x-Officlo Recorder Deputy DEVELOPMENT AGREEMENT IRON HORSE,DIVISION 1 OF THE CITY OF REXBURG THIS AGREEMENT("Agreement'),is made this day of ,2021,by and between the CITY OF REXBURG,a municipal corporation(hereinafter called ity'),with a mailing address at 35 N 1st E,P.O.Box 280,Rexburg,Idaho 83=140,and IRON HORSE PROPERTIES I,LLC (hereinafter called the"Developer"),with a mailing address at: PO Bos 51298,Idaho Falls,ID 83405. WITNESSETH: WHEREAS, Developer is the sole owner, in lav 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 "IRON HORSE DIVISION NO. 1 PIAT", 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 VITIEREAS, 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. DEVELOP11JENT OF IRON HORSE. DIVISION 1. The City agrees to provide water and sanitary server 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 DA21-002 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 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 ("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 public health, welfare or safety prior to the scheduled time when Developer would otherwise install the DEVELOPMENT AGREEMENT-2 DA21-002 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 that includes a detailed explanation of what public interests warrant a request to accelerate construction of the public improvements 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 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 Improvement Plans, any problems encountered and communication with city staff, for each day that work on the public infrastructure is performed.The written log is to be in 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.) DEVELOPMENT AGREEMENT-3 DA21-002 • 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 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 Pians 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 DEVELOPMENT AGREEMENT-4 DA21-002 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 Developer's delivery of Corrected Improvement Plans, the City will approve the Development and accept the public improvements. 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 approval of the Development and acceptance of the public improvements,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 and shall execute and record an instrument releasing the Development from the encumbrance of this Agreement. Approval 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 Development approval 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 DEVELOPMENT AGREEMENT-5 DA21-002 • Corrected improvement plans (AutoCAD format) • Engineers certification of compliance with approved engineering plans • Setting of monument comers Once all information is submitted to the Engineering Department,the City engineer will execute and record a letter accepting the public improvements within the Development for city ownership,control and maintenance, and the authorization to the Building Department to allow building permits to be issued and the letter shall include the following statement: "The Development Agreement recorded with the Madison County Recorder on as Instrument No. is hereby released as an encumbrance upon the real property described in said agreement. The foregoing notwithstanding, the Developer,as defined in said agreement,shall remain subject to the warranty obligations set forth in said agreement'. 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 public improvements within 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 DEVELOPMENT AGREEMENT-6 DA21-002 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 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 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 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 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 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. DEVELOPMENT AGREEMENT-7 DA21-002 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 Street & Utility 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 the Developer or Homeowners Association. 14. INTENTIONALLY DELETED. 15. FAILURE TOP Y 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 DEVELOPMENT AGREEMENT-8 DA21-002 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 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 DEVELOPMENT AGREEMENT-9 DA21-002 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 historically used on the Developers grounds are to be transferred to the City. 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 or are being transferred from the property to the City 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 DEVELOPMENT AGREEMENT- 10 DA21-002 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. 26. REMEDIES CUMULATIVE. Allremedies 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. EFMC=DATE. This Agreement shall become valid and binding only upon its approval by the City and upon its execution by the Mayor. DEVELOPMENT AGREEMENT- 11 DA21-002 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- 12 DA21-002 FOR THE CITY OF REXBURG APPROVED AS TO FORM: O - aRJ> Public \X'ork, irector/ City Engineer, Keith Davidson O� APPR VED //,V// D Ate N�````� By: ATTEST: N ayo ,Jerry err' By. . City Clerk,Deborah Lovejoy (SEAL) STATE OF IDAHO ) SS. County of Madison ) } On this day of �`� ,2021,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. c�oke"6 G Off, J'- 0 Notarl ublic for IdahcL 01Agj, o 4s Residing at Rexburg, Idahn Z My Commission Expires: 13 Z ti`s�'• �:�r ,y, O ,,4Pts� 4NHAuu DEVELOPMENT AGREEMENT- 13 DA21-002 �y�nasN►6e1� OL s ` . IF jf� V�rr� ado �� ***************************************************************;e*************************** DEVELOPER IRON HORSE PROPERTIES I,LLC By: BV Management Services,Inc.,an IdahWcorpormado the Manager By: rd,Pr ident STATE OF Idaho) . ss. County of Bonneville) 20 On the /%- day of c�u✓1d rl'-02L, before me the undersigned, a notary public in and for said State, personally appeared Cortney Liddiard, known or identified to me to be the President of BV Management Services, Inc., which corporation is the Manager of Iron Horse Properties I, LLC, and the Manager who subscribed said limited liability company name to the foregoing instrument, and acknowledged to me that such corporation as the 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 first above written. 01 JEDD K JONES Q/ COMMISSION NO. 20181559 ��77 NOTARY PUBLIC No ry Public STATE OF IDAHO MY COMMISSION EXPIRES 8/24124 Residing at: '60.4 _r/i G My Commission Expires: (SEAL) DEVELOPMENT AGREEMENT- 14 DA21-002 jkj'.i(Jq Yj7lATf,)-.-4 oneymmo? C"s Special Conditions The City of Rexburg (hereinafter referred to as "City' and IRON MORSE PROPERTIES I, LLC (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 Development and they will be considered private streets. TRAFFIC IMPACT STUDY AND INTERSECTION IMPROVEMENTS A traffic impact study (TTS)was prepared by the Developer's Engineer for this Development. The TIS recommends construction of a traffic signal at the intersection of 12'h West and University Boulevard, which will become necessary with the addition of the traffic from this and other developments. The TIS found that the projected traffic from this development will comprise approximately 20%of the traffic through the intersection during the peak hour in 2026. Therefore, the Developer's cost share will be 20%of the anticipated cost of the signal($340,000). The cost to the Developer is 20%x$340,000= $68,000. UNIVERSITY BLVD The existing City street University Boulevard runs along the north edge of the property. The Developer agrees to dedicate to the City additional right of way along the north edge of the property to provide a total right of way width of 100 feet. The Developer will be responsible for widening of the southern portion of University Blvd and constructing curb,gutter,and storm drainage facilities to provide a total street cross section according to Typical Section No. 5 (see EXHIBIT B-1).The Developer will be responsible for a width of up to 19.5 feet of new asphalt and the roadway thicknesses of Typical Section 1.The City agrees to reimburse the Developer for any additional width of asphalt greater than 19.5 feet and the increased roadway thickness,in accordance with Section 16 of the Development Agreement.The DEVELOPMENT AGREEMENT- 15 DA21-002 Developer will be responsible for construction of the sidewalk along the south edge of the street and the sidewalk shall be placed at the edge of the new right of way line.The Developer will be responsible for piping or rerouting the irrigation ditch and modifications to the control structures required to allow construction of the street,curb,gutter,and sidewalks. 12',WEST The existing City street 12"' West runs along the east edge of the property. The Developer agrees to dedicate to the City 50 feet of right of way along the east edge of the property. The Developer will be responsible for widening of the west side of 12'h West and constructing curb,gutter,and storm drainage facilities along the west side of the street according to Typical Section No. 5 (see EXHIBIT B-1).The Developer will be responsible for a width of up to 19.5 feet of new asphalt and the roadway thicknesses of Typical Section 1.The City agrees to reimburse the Developer for any additional width of asphalt greater than 19.5 feet and the increased roadway thickness,in accordance with Section 16 of the Development Agreement.The Developer will be responsible for construction of the sidewalk along the west side of 12'West.The sidewalk shall be placed at the edge of the new right of way line. 2. WATER FACILITIES. The Developer will be required to provide adequate pressure to all lots in the Development. (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 $835 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 11.08 acres x$835.00/acre= $9,251.80. 3. FRONT FOOT WATER CHARGE AND EXTENSIONS. The subject property has approximately IL308 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: 1308 feet x $22.50/ft= $29,430.00. DEVELOPMENT AGREEMENT- 16 DA21-002 The Developer will be responsible for the installation of all additional water lines,service lines, valves, fire hydrants and related work within the Development. 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$780 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 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 11.08 acres x$780.00/acre = $8,642.40. 5. FRONT FOOT SANITARY SEWER CHARGES. The subject property has 1308 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 line: 1308 feet x$25.00/ft= $32,700.00. 6. STORM SEWER FACILITIES. The Developer will install all onsite storm drainage facilities,including the detention facility. 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 stoma drain charges:NONE. 8. INTENTIONALLY DELETED. 9. WATER RIGHTS/SHARES: The Developer is required to provide water shares to the City for this Development in accordance with City ordinances.In the Rexburg Irrigation Company, 1 water share is required for each 8 acres of land. Water Shares Required:20.314 acres X 1 share/8 acres = 2.5 water shares DEVELOPMENT AGREEMENT- 17 DA21-002 END OF SPECIAL CONDITIONS FOR THE CITY OF REXBURG APPRO-\,'ED AS TO FORA: Public N"or irectorf City Engineer,Keith Davidson Agj D r � Bp �1T EST: IVt-y erril(, ` By: City Clerk, Deborah Lovejoy 1ti1t11I Illlllllj�i (S CORpo 1 � ��<<11JJ tl IID11111����, DEVELOPER IRON HORSE PROPERTIES I,LLC By: BV Management Sei7,ices,Inc.,an Idaho corporation, the 11\4anager By: < Cortney Uddiard, Preside DEVELORLMENT AGREENIENT- 18 DA21-002 •�:iidililts+���� . ~ W m EXHIBIT A-1 ml x � N s m vi it I'C na s Os B 1 N s 112 y�m VNN8 SM BLVD. 3.�.. - mME A NB8'S91GE 678.35 095' �sv.99' --r�Y~— 1 .I i i 1 i t l I I P n I - X 1 xosa ---is0.00�--- team 1v7.6C W7648+'E I 1 I I � In Ca I mfJ Z N1 rrm•umOrt ' ~y p N 4 (S 3 I O O 1 I rp T01 Z z p e t I Y =0 = N_ S cI N�N • FA N Z C) FAI sersn7tiY ' + m m 0 gg O yn I loco 1 1 6 D rV) 1 nea'arsv'E 1 J I ;0 Z O I 0 tDO z M a ; Pzz I I � I I D • I I T I I x.ao O N88'seoa"E 678.38• a vmuttKnxf pe x� m�wm�mi COl� M r� WA B• O 0�- nn��8g R Q I � I HIM 73� 2 3�� VI NA �'r" R �''o I I I • .�+•0D �og��'�,� N. 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