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04.06.2023 Council Packet AMMON LIGHTING DISTRICT BOARD (CITY COUNCIL ACTING AS LIGHTING DISTRICT BOARD) CONSENT AGENDA: 1. Accounts Payable Report Ammon City Council 04/06/2023Page 1 of 67 AMMON CITY COUNCIL MEETING THURSDAY, MARCH 16, 2023 7:00 P.M. 2135 SOUTH AMMON ROAD AGENDA CALL TO ORDER: Mayor Sean Coletti at 7:00 p.m. Pledge of Allegiance Council Member Wessel Prayer Council Member Slack CONSENT AGENDA: 1. Accounts Payable Report: Exhibit A 2. Minutes: i. March 02, 2023 Regular Meeting ii. March 09, 2023 Work Session PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA (3-minute limit) PUBLIC HEARING: 1. 2023-012 Residential Annexation Moratorium Amendment (application pulled by applicant no hearing to be held) ACTION ITEMS: 1. Ordinance 700 Title 10 Amendment adding Park School Church Zone (PSC) Λ/źƓķǤ 5ƚƓƚǝğƓͲ /źƷǤ tƌğƓƓĻƩΜ 2. Future Land Use Map Amendment Johnston Farms Λ/źƓķǤ 5ƚƓƚǝğƓͲ /źƷǤ tƌğƓƓĻƩΜ 3. Annexation Johnston Farms Λ/źƓķǤ 5ƚƓƚǝğƓͲ /źƷǤ tƌğƓƓĻƩΜ DISCUSSION ITEMS: 1. Code Enforcement Annual Report 2. Recycling Franchise Agreement 3. Comprehensive Plan Workshop Review 4. Miscellaneous ADJOURN MINUTES City Officials Present: City Officials Absent: Mayor Sean Coletti City Administrator Micah Austin Council President Russell Slack City Engineer Tracy Bono Councilmember Scott Wessel City Planner Cindy Donovan Councilmember Rex Thompson City Clerk Kristina Buchan Councilmember Craig Tibbitts Councilmember George Vander Meer Λǝźğ œƚƚƒΜ Councilmember Heidi Boyle City Attorney Scott Hall CALL TO ORDER: Mayor Sean Coletti called the meeting to order at 7:00 p.m. Council Member Wessel led the pledge of allegiance and Council Member Slack gave a prayer. Ammon City Council Regular Meeting 03.16.2023 Page 1 of 5 Ammon City Council 04/06/2023Page 2 of 67 CONSENT AGENDA: 1. Accounts Payable Report: Exhibit A 2. Minutes: iii. March 02, 2023 Regular Meeting iv. March 09, 2023 Work Session Ɠķ .ĻŅƚƩĻ ƷŷĻ ƒƚƷźƚƓͲ /źƷǤ /ƌĻƩƉ .ǒĭŷğƓ ğķǝźƭĻķ /ƚǒƓĭźƌ Ʒƚ ğ ĭŷğƓŭĻ ƷŷğƷ ŷğķ ĬĻĻƓ ƒğķĻ Ʒƚ ƷŷĻ ağƩĭŷ Ћ ΏǝƚƷĻ ƚƓ ƷŷĻ ƒƚƩğƷƚƩźǒƒ ĻǣƷĻƓƭźƚƓ͵ It was moved by Council Member Slack and seconded by Council Member Boyle to approve the Consent nd Agenda with amendments to the March 2 Minutes. aƚƷźƚƓ ƦğƭƭĻƭ ǒƓğƓźƒƚǒƭƌǤ ǞźƷŷ ǝƚƷĻ ĬǤ Ʃƚƌƌ ĭğƌƌ PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA (3-minute limit) There was no public comment PUBLIC HEARING: 1. 2023-012 Residential Annexation Moratorium Amendment (application pulled by applicant no hearing to be held) ACTION ITEMS: 1. Ordinance 700 Title 10 Amendment adding Park School Church Zone (PSC) Λ/źƓķǤ 5ƚƓƚǝğƓͲ /źƷǤ tƌğƓƓĻƩΜ City Planner Cindy Donovan explained that while the PSC Zone showed up on the Future Land Use Map, there was no chapter explaining the requirements of the Zone within Code. Donovan noted that this Ordinance would not change any of the uses or requirements for the Zone and would simply codify it for future use. Recommendation Staff recommends approval of Ordinance No. 700, as this addresses a zone that has been included on the zoning map without an assigned chapter within Title 10. Compliance - This action is in compliance with Title 10, Chapter 4 Summary of Analysis 1. The PSC Zone is currently shown on the zoning map, however, there is no chapter within Title 10 that address its use. 2. The PSC zone was instituted on the zoning map prior to 2005. It has been used to show the locations of parks, schools, and churches in the City of Ammon in order to plan and make decisions with these uses in mind. This designation has been helpful in planning efforts and the proposed chapter will give the zone definition and requirements within City ordinance. Ammon City Council Regular Meeting 03.16.2023 Page 2 of 5 Ammon City Council 04/06/2023Page 3 of 67 3. Park is defined within the definition Parks, Playground, Recreation and Open Space in Title 10, Chapter 2 Definitions. There are also definitions for public and semi-public parks. Parks, Playground, Recreation and Open Space: An area which has been dedicated, designed for or used for outdoor recreation activities; including City parks, and playgrounds, church or club-sponsored parks and playgrounds and privately developed parks and playgrounds within certain types of subdivisions. 4. School is defined within the definition Public Building in Title 10, Chapter 2 Definitions. Public Building: For the purpose of this plan a public building will be any city, county, public school, fire district, recreational district, state, federal, or similar governmental 5. Church is defined within the definition Assembly, Place of in Title 10, Chapter 2 Definitions. Assembly, Place of: The use of land for a meeting place where persons gather together for purposes of attending civic, social, religious functions, recreational events or entertainment performances on a regular or recurring basis including, but not limited to, religious institutions, banquet facilities, funeral homes, theaters, conference centers, stadiums, or indoor or outdoor recreational facilities. 6. These uses are shown on the Commercial District Use Matrix in 10-37-1(A). are allowed by Conditional Use Permit (CUP) in residential zones and are permitted in commercial zones. These buildings typically receive a CUP for the life of the use. {ƷğŅŅ ĭƚƒƒĻƓƷʹ hƓĭĻ Ʒŷźƭ ǩƚƓĻ źƭ ğƦƦƩƚǝĻķ ĬǤ ƷŷĻ /źƷǤ /ƚǒƓĭźƌ ƷŷĻ ƒğƷƩźǣ Ǟźƌƌ ĬĻ ǒƦķğƷĻķ ğƓķ ĬƩƚǒŭŷƷ Ʒƚ ĬğĭƉ Ʒƚ ƷŷĻ /ƚƒƒźƭƭźƚƓ ğƷ ğ ƦǒĬƌźĭ ŷĻğƩźƓŭ͵ 7. There are supplemental regulations for parks, schools, and churches within Title 10, Chapter 5 and Chapter 7. The PSC Zone references the following: -7-1 Public and Semi-Public Parks and Playgrounds - requires plans for parks to be submitted to the Planning Director for approval by the Parks Director. There are also standards for landscaping, lighting, parking, and pedestrian access. -7-6 Clubs, Lodges, Churches, and Similar Buildings - addresses conditional use requirements, minimum setbacks, and prohibits commercial activity. -5-7 Additional Height Allowed for Public Buildings allows public buildings to be built to any height with increasing setback requirements -5-24 Landscaping - provides minimum landscaping requirements for the zones that require landscaping It was moved by Council Member Tibbitts and seconded by Council Member Slack to dispense with the rule requiring three separate readings and that the three readings be waived. aƚƷźƚƓ ƦğƭƭĻƭ ǒƓğƓźƒƚǒƭƌǤ ǞźƷŷ ǝƚƷĻ ĬǤ Ʃƚƌƌ ĭğƌƌ It was moved by Council Member Tibbitts and seconded by Council Member Wessel to adopt Ordinance 700 and Summary on its third and final reading. aƚƷźƚƓ ƦğƭƭĻƭ ǒƓğƓźƒƚǒƭƌǤ ǞźƷŷ ǝƚƷĻ ĬǤ Ʃƚƌƌ ĭğƌƌ Ammon City Council Regular Meeting 03.16.2023 Page 3 of 5 Ammon City Council 04/06/2023Page 4 of 67 2. Future Land Use Map Amendment Johnston Farms Λ/źƓķǤ 5ƚƓƚǝğƓͲ /źƷǤ tƌğƓƓĻƩΜ City Planner Cindy Donovan reported she had no additional information to add to the hearing and discussion from the previous meeting. Mayor Coletti opened up the discussion to Council. Council discussed the loss of commercial property with the location and the location of the property. Council Member Thompson noted that there was no commercial across from the property which he believed was a good reason to transition the property to residential however he did not believe the property should be denser than the surrounding properties. Council Member Slack added he did not believe the property was in compliance with high density requirements, especially park access, that would allow the request to move forward. Council Member Wessel added that he believed professional business zoning would also be a good fit for the location and that losing commercial land was not desirable. Wessel continued he was concerned about the number of cars that would be attempting to th access 17 Street from the development. Council Member Boyle echoed the concerns of density and loss of commercial properties. Boyle added concerns about harmony with existing neighbor lots and access of emergency and utility vehicles. Council Member Tibbitts agree with his fellow Council Members. Council Member Vander Meer also agreed with the need for lower density in the location. It was moved by Council Member Slack and seconded by Council Member Thompson to deny the Future Land Use Map Amendment for the Johnston Farms Property based on non-compliance with Title 10 Chapter 5. aƚƷźƚƓ ƦğƭƭĻƭ ǒƓğƓźƒƚǒƭƌǤ ǞźƷŷ ǝƚƷĻ ĬǤ Ʃƚƌƌ ĭğƌƌ 3. Annexation Johnston Farms Λ/źƓķǤ 5ƚƓƚǝğƓͲ /źƷǤ tƌğƓƓĻƩΜ It was moved by Council Member Slack and seconded by Council Member Thompson to deny the Annexation of the Johnston Farms Property as presented. aƚƷźƚƓ ƦğƭƭĻƭ ǒƓğƓźƒƚǒƭƌǤ ǞźƷŷ ǝƚƷĻ ĬǤ Ʃƚƌƌ ĭğƌƌ DISCUSSION ITEMS: 1. Code Enforcement Annual Report Code Enforcement Officer Clarissa Mueller gave an annual report to Council and reported on call volume, types of complaints, and her methods of enforcement. Council commended Officer Mueller on her good work and initiative for calls. Mueller also reported on the ongoing relationship with Mountain River Vet noting that over 100 animals have been taken into the clinic in 2022. 2. Recycling Franchise Agreement City Administrator Austin reported that no submissions were received for the open request that closed at the beginning of the month. Austin added that since the submission period was closed, the City was able to negotiate with interested parties. Austin had been in contact with Western Recycling to negotiate an agreement that would meet the needs of the community. Ammon City Council Regular Meeting 03.16.2023 Page 4 of 5 Ammon City Council 04/06/2023Page 5 of 67 3. Comprehensive Plan Workshop Review Assistant Planner Heather McBride and City Planner Cindy Donovan reviewed the results of thth the Comprehensive Plan Workshops that had taken place March 6 and 8. McBride and Donovan reviewed the attendance numbers and the survey response that had been received. McBride reviewed potential updates to the proposed Comprehensive Plan amendments as a result of the meetings and survey responses. Of note were updates to the map to account for lower density along the foothills but allowing for arterial corridors with thst higher densities along Sunnyside, 49, and 1 Street. A Map that reflects the wishes of Council as well as the comments received during the workshops will be presented for further discussion at the May Work Session and for final approval and a future meeting. 4. Foxtrot Commons Site Plan Review City Planner Donovan reviewed the proposed change of the Foxtrot Commons Site Plan that would remove one building while still keeping the number of units the same. One entire building would be dedicated to commercial space as opposed to having commercial in each building. Council was generally in favor of the change which would be brought forward for official approval at a future meeting. 5. Annexation Guidelines City Administrator Austin reviewed Idaho Statutory guidelines related to annexation of properties. Reviewing types of annexations, consent requirements, and processes tied to each type of annexation. 6. Bridge Replacement th City Engineer Bono reported that the Sandcreek Bridge on 17 was recently downgraded to failing that would increase the likelihood of replacement through State funding. Bono reported he was communicating with State systems to get the replacement moved higher on the list of priorities. ADJOURN The meeting adjourned at 9:02pm ______________________________ Sean Coletti, Mayor _____________________________ Kristina Buchan, City Clerk Ammon City Council Regular Meeting 03.16.2023 Page 5 of 5 Ammon City Council 04/06/2023Page 6 of 67 2135 South Ammon Road, Ammon, Idaho 83406 CITY OF AMMON PROCLAMATION HILLCREST HIGH SCHOOL BOYS BASKETBALL STATE CHAMPIONS DAY WHEREAS, Hillcrest High School Boys Basketball has won the Idaho 4A State Championship; and WHEREAS, in doing so, Head Coach Dave Austin provided great leadership, and supported and encouraged the talents of all of the players on the Hillcrest team; and WHEREAS, on Saturday, March 4, 2023, the Hillcrest High School Boys Basketball team finished their exemplary season by defeating Pocatello High School, 62-58, at the 4A State Championship Title game, ending with a 25-1 record; and WHEREAS, the City of Ammon commends the Hillcrest Boys Basketball team for their teamwork, grit, athleticism, sportsmanship, dedication to talent, and determination to win, which reflects well on our entire community. NOW, THEREFORE, I, Sean Coletti, Mayor of the City of Ammon, do hereby proclaim: April 7, 2023 to be Hillcrest High School Boys Basketball State Champions Day And call upon our citizens to join in the celebration of the success of these great players and coaches. th PROCLAIMED AND SIGNED this the 6 day of April 2023. __________________________ Sean J. Coletti, Mayor ____________________________ Kristina Buchan, City Clerk Ammon City Council 04/06/2023Page 7 of 67 CITY OF AMMON PROCLAMATION ANIMAL CONTROL OFFICER APPRECIATION WEEK WHEREAS, the National Animal Control Association has designated the second week of April each year as Animal Control Officer Appreciation Week, and WHEREAS, various Federal, State, and Local Government Officials throughout the Country take this time to recognize, thank, and commend all Animal Control Officers for the dedicated service they provide to the citizens, various Public Safety, Public Service Agencies and Departments across the nation, and WHEREAS, the City of Ammon would like to express its sincere thanks and appreciation for the outstanding service the City of Ammon Animal Control Officer, provides on a daily basis to the citizens of the City and to the various Public Safety, Public Service Agencies and Departments, and WHEREAS, the City of Ammon City Council recognizes and commends Clarissa Mueller, the City of Ammon Code Enforcement and Animal Control Officer for the many dedicated and long hours of service she performs in serving this community, and for fulfilling the Animal Control Officers Depart and most efficient level of customer service, and WHEREAS, the City of Ammon City Council wishes to commend each and every Animal Control Officer for their service, which is in keeping with the long and distinguished tradition of the Animal Control Profession, and NOW, THEREFORE, I, Sean Coletti, Mayor of the City of Ammon, Bonneville County, do hereby proclaim the week of April 9 through 15, 2023 to be Animal Control Officer Appreciation Week, in the City of Ammon and encourage all citizens to join us in expressing their sincere appreciation for the service and dedication of Animal Control employees. ____________________________________ Sean Coletti, Mayor _________________________ Kristina Buchan, City Clerk Ammon City Council 04/06/2023Page 8 of 67 Ammon City Council 04/06/2023Page 9 of 67 Ammon City Council 04/06/2023Page 10 of 67 Ammon City Council 04/06/2023Page 11 of 67 Ammon City Council 04/06/2023Page 12 of 67 Ammon City Council 04/06/2023Page 13 of 67 Ammon City Council 04/06/2023Page 14 of 67 Ammon City Council 04/06/2023Page 15 of 67 Ammon City Council 04/06/2023Page 16 of 67 Ammon City Council 04/06/2023Page 17 of 67 Ammon City Council 04/06/2023Page 18 of 67 Ammon City Council 04/06/2023Page 19 of 67 Ammon City Council 04/06/2023Page 20 of 67 Ammon City Council 04/06/2023Page 21 of 67 Ammon City Council 04/06/2023Page 22 of 67 Ammon City Council 04/06/2023Page 23 of 67 Ammon City Council 04/06/2023Page 24 of 67 Ammon City Council 04/06/2023Page 25 of 67 Ammon City Council 04/06/2023Page 26 of 67 Ammon City Council 04/06/2023Page 27 of 67 Ammon City Council 04/06/2023Page 28 of 67 Ammon City Council 04/06/2023Page 29 of 67 Ammon City Council 04/06/2023Page 30 of 67 COMMERCIAL CLEANINGPROPOSAL Prepared for: , 20 Ammon City Council 04/06/2023Page 31 of 67 RE: Commercial Cleaning Proposal Dear, Thank you for your interest in and for taking time to meet with me to discuss your commercial cleaning requirements for your facility. focuses exclusively on customers that require quality cleaning services, and we have built our client base and reputation on that premise. •,•Phone• www. Ammon City Council 04/06/2023Page 32 of 67 eliver uality We take our definition of quality commercial cleaning, overlay our measurement of it, and then make sure we deliver it using the most advanced products and equipment available, including: o Microfiber cloths designed to trap dirt and hold it in a positively charged state for more effective cleaning; these cloths are also color-coded to eliminate cross-contamination o Backpack vacuums with four filters and ratings that exceed HEPA standards for clean air o Cleaning chemicals that cover a greater area while using less product – our “cleaning greener” initiative o Hospital strength disinfectants for broad spectrum coverage has replaced conventional cleaning cloths with an anti- microbial impregnated micro-fiber system, which cleans greener and dryer while removing more dust contaminants. uses a four-color coded microfiber system, which virtually eliminates cross-contamination. A highlight of this approach is that the red microfiber cloths are only used for disinfecting restrooms, which reduces the spread of germs and harmful bacteria to other areas of your property. Our microfiber mops also work efficiently to clean and disinfect floor surfaces with fewer chemicals and faster results. o Microfiber is 1/16 the size of a human hair and holds eight times its weight in water. o The tiny fibers penetrate the microscopic pores of surfaces increasing cleaning quality and saving time in the process. o Microfiber is positively charged and literally removes 100% of all dust particles. operators are trained to exclusively use our approved backpack vacuums, which use a four- part HEPA filter system. This removes up to 99.9% of particles up to the size of 0.3 microns from the inside air. Unlike beater bar vacuums that spread dust and dirt into the air, the system removes it. These powerful vacuums: o Capture up to 99% of dust mites, pollen, viruses, bacteria and chemical residue o Leave less dust in your environment, so there is less dust to collect on equipment and furniture o Help reduce the risk of respiratory infection o Create a healthier environment for your property and its occupants Ammon City Council 04/06/2023Page 33 of 67 Cleaning Areas: Strip& Wax VCT TileFloors:Pricing Available Upon Request : Carpet: WindowCleaning: Ammon City Council 04/06/2023Page 34 of 67 Cleaning Schedule combines our vigorous cleaning and tracking procedures with a cleaning schedule customized for your specific needs. The following schedule has been specifically designed for Ammon City Council 04/06/2023Page 35 of 67 Ammon City Council 04/06/2023Page 36 of 67 Additional Services CARPET KITCHENS Spot removalInterior of refrigerators, dishwashers and appliances other than microwave ovens Hot waterextraction Interiors of cabinets HARD SURFACE FLOORS LIGHTING Burnishing Cleaning lights and light fixtures Top scrub and refinish (wax) Replacing bulbs Strip and refinish PROCUREMENT OF SUPPLIES UPHOLSTERY AND WORKSTATIONS Paper products Vacuum partitions Hand soap Spot removal Trash can liners Extraction cleaning Dispensers and containers Other consumable supplies WINDOWS Inside and outside Upon request, and for an additional charge, will procure such supplies on client’s behalf. Once delivered, Client assumes responsibility for inventories of such supplies stored at the Client’s location. Ammon City Council 04/06/2023Page 37 of 67 Pricing Agreement CLIENT: CLEANING LOCATION: () day per week FREQUENCY:in accordance with Cleaning Schedule specifications START DATE: PRICE – Regular Service: per month NOTE: Pricing is valid for 30 days from the proposal date (, 20) unless specifically extended by at its sole discretion. PAYMENT TERMS: NET . Billing occurs at the beginning of everymonth. New Year’s Labor Day HOLIDAYS (Days Not Serviced): Memorial Day Thanksgiving Independence Day Christmas Day OTHER CONDITIONS: By executing this Agreement, the parties agree to be bound by these terms and the conditions set forth in the accompanying Cleaning Agreement. BY: BY: NAME: NAME: TITLE: TITLE: DATE: DATE: Ammon City Council 04/06/2023Page 38 of 67 Cleaning Agreement agrees to contract to perform cleaning services () dayper week. will provide all abor and supervision. willprovide a restroom paper products, hand soap, and trashcan liners. agrees to verbally notify of any non-performance prior to writtennotification. agrees that during the term of this agreement and within ninety (90) days after termination of this agreement, will not employ directly or indirectly any employees, agent representatives or of This agreement is for a term of one (1) year which shall commence on the date of this agreement. This agreement shall be automatically renewable on the anniversary date, with the same terms and conditions, unless either party shall give written notice of termination, at least thirty (30) days prior to said anniversary date. Client shall also have the right to terminate this agreement without cause with 30 days written notice to or immediately if it losesfunding for its operations/programs. Otherwise, this agreement may be terminatedfor non-performance only, and the terminating party must give the other party written notice specifyingin detail the nature of any defect in performance. The non-terminating party shall have five (5)days to cure, to the reasonable satisfaction of the terminating party. If satisfaction is notachieved at the end of the fifth (5) day, the terminating party shall notify the non-terminatingparty in writing of failure to cure, and the agreement shall terminate twenty-five (25) days fromdate of said notice. All written notices must be sent via mail to the parties at theirrespective addresses set forth above Terms: Invoices are sent out the 1 of each month, with current payment th due by the15of month, delinquent by of the following month. A finance charge of 1.5% per monthwill be assessed on all delinquent accounts. annually observes the following federally recognized holidays: New Year’s Day,President’s Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving, and Christmas. BY: _______________________________ BY:_______________________________ NAME:_____________________________ NAME: _____________________________ Ammon City Council 04/06/2023Page 39 of 67 Ammon City Council 04/06/2023Page 40 of 67 Ammon City Council 04/06/2023Page 41 of 67 Ammon City Council 04/06/2023Page 42 of 67 Ammon City Council 04/06/2023Page 43 of 67 Ammon City Council 04/06/2023Page 44 of 67 Ammon City Council 04/06/2023Page 45 of 67 Ammon City Council 04/06/2023Page 46 of 67 Ammon City Council 04/06/2023Page 47 of 67 Ammon City Council April 6, 2023 Mayor Coletti and City Councilmembers: Curlew Bend Standard Development Agreement Discussion Staff Presenting: Cindy Donovan Planning Director Summary of Analysis 1. The Development Agreement was revoked by the City Council on March 2, 2023. 2. Development Agreement and Final Plat were approved by the City Council on January 20, 2022. 3. The Development Agreement was not signed by the applicant and therefore was not recorded. 4. The Final Plat was not recorded and has expired in accordance with 10-29-8 Requirements of the Final Plat. At the time the plat was approved, the plat was required to be recorded within twelve months. 5. Rezone of the property was approved by the City Council on March 18, 2021. 6. Conditional Rezone Agreement with current developer was approved by the City Council on August 19, 2021. 7. Design Review was approved by the City Council on December 2, 2021. 8. Preliminary Plat was approved by the City Council on January 6, 2022. Parcel Characteristics - General Location: north of 17th Street, east of 25th East, south of 1st Street, west of Tie Breaker Drive - Acres: 4.449 acres total - Zone: MU - Multi-Use - Residential: 60 units, townhomes with individual lots, 13.48 units per acre - Commercial: will include 1 commercial lot and 1 common lot Attachments 1. Curlew Bend Development Agreement 2. Expired Final Plat 3. Approved Design 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 1 Ammon City Council 04/06/2023Page 48 of 67 DEVELOPMENT AGREEMENT (CITY OF AMMON/ CURLEW BEND) THIS AGREEMENT, made and entered into this 20th day of January, 2022, by and between the CITY OF AMMON, a municipal corporation, of the County of Bonneville, State of liability corporation, RECITALS: WHEREAS, the Developer is the sole owner, in law and/or equity, of a certain tract of land a part hereof; and WHEREAS, the Developer, as sole owner of said land, has made request to the City of Ammon to have the same accepted as a subdivision to said City and has submitted to the City a plat thereof which has been approved by the Planning and Zoning Commission and the City Engineer of the City, and WHEREAS, the tract of land described in Exhibit A is located within the City of Ammon; and WHEREAS, on May 5, 2021, the Curlew Bend preliminary plat was approved by the Planning and Zoning Commission; and WHEREAS, ON December 2, 2021, the Curlew Bend Design Review was approved by the City Council; and WHEREAS, on May 20, 2021, the Curlew Bend preliminary plat was approved by the City Council; and WHEREAS, on January 5, 2022, the Curlew Bend final plat was approved by the Planning and Zoning Commission; and WHEREAS, on January 20, 2022, the Curlew Bend final plat was approved by the City Council; and CURLEW BEND DEVELOPMENT AGREEMENT - Page 1 of 13 Ammon City Council 04/06/2023Page 49 of 67 WHEREAS, the City Engineer has recommended to the City Council of the City that such subdivision be accepted subject to certain requirements and obligations on the part of the Developer; WHEREAS, on January 20, 2022, the Mayor and City of Council of the City of Ammon, Idaho, considered the Curlew Bend Development Agreement for approval; and; WHEREAS, the City Council has agreed to accept platting of said lands subject to the following terms and conditions: NOW THEREFORE, in consideration of the above recitals and the mutual covenants and agreements herein contained and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties hereto agree as follows: AGREEMENT 1. INCORPORATION OF RECITALS. The Recitals set forth above are hereby incorporated into and made an integral part of this Agreement. 2. EFFECTIVE DATE OF AGREEMENT. This Agreement shall be effective as of the date approved by the City Council. 3. TERM OF AGREEMENT. All rights related to this agreement, including all years of the Effective Date. 4. DEVELOPER. more than one developer, shall be construed as plural, and if there are any parties that are feminine or are firms or corporations, the masculine shall include the feminine and the neuter. All terms and conditions of this agreement shall run with the land. 5. INCORPORATION OF RELATED AGREEMENTS, APPROVALS, PLANS, PERMITS AND OTHER DOCUMENTS. 5.1. The following agreements, approvals, plans, permits and other documents are hereby incorporated into and made an integral part of this Agreement by reference as if restated herein in full. 5.1.1. Annexation Agreement approved by the Ammon City Council on March 6, 1986. 5.1.2. Conditional Rezone Agreement approved by the Ammon City Council on August 19, 2021. 5.1.3. Design Review approved by the Ammon City Council on December 2, 2021. 5.1.4. Preliminary Plat approved by the Ammon City Council on January 6, 2022. 5.1.5. Final Plat approved by the Ammon City Council on January 20, 2022. 5.1.6. Improvement Drawings approved by the City Engineer on _____________, 2022. CURLEW BEND DEVELOPMENT AGREEMENT - Page 2 of 13 Ammon City Council 04/06/2023Page 50 of 67 5.2. Any material failure to comply with the terms and conditions of any of the above- referenced agreements, approvals, plans, permits and other documents shall constitute a breach of this Agreement. 5.3. In the event of any inconsistency between the terms and conditions of this Agreement and the agreements, approvals, plans, permits and other documents listed above, the terms and conditions of this Agreement shall govern. 5.4. Except as provided otherwise in this Agreement, development of the Project shall be vested and governed by policies, procedures, guidelines, ordinances, codes and regulations of the City governing land use in effect as of the Effective Date of this Agreement. Any amendments or additions made during the term of this Agreement to City policies, procedures, guidelines, ordinances, codes or regulations shall not apply to or affect the conditions of development of the Project; provided, however, the following are exempt from vesting under this Agreement: 5.4.1. Plan review fees and inspection fees; 5.4.2. Amendments to building, plumbing, fire and other construction codes; 5.4.3. City enactments that are adopted pursuant to State or federal mandates that 6. GENERAL REQUIREMENTS OF DEVELOPMENT. That Developer, jointly and severally, for himself, his heirs, representatives, itself, their successors and assigns, does hereby covenant, agree, and represent as follows: 6.1. That Developer will, before any construction is commenced, file or cause to be filed with the City Engineer a complete set of street, sewer, water, and drainage improvement plans for each proposed plat. Said improvement plans shall also show the proposed location of other utilities, i.e. telephone, gas, electricity, and irrigation facilities, and such others as may affect or be affected by the subdivision development on such property. Such plans and utility improvements shown thereon shall meet the approval of the City Engineer and shall be incorporated herein and made a part hereof by reference. The Developer shall construct and install all such improvements in accordance with the current Edition of the Idaho Standards for Public Works Construction adopted by the City of Ammon including compliance with all other City codes and ordinances including the City of Ammon standards as adopted. Acceptance of improvements to be determined by the City of Ammon only after completed inspections and certification provided by developer from a licensed, professional engineer certifying that said subdivision construction has been completed in compliance with the published standards. The Developer shall make a formal request in writing to the City of Ammon City Engineer for final acceptance of all said improvements. 6.2. That Developer, shall, at their own expense, construct and install all sanitary sewers, storm drains, pumping stations, water lines and appurtenances, fire hydrants, curbs and gutters, sidewalks, landscaping, off-street parking, cross drains, streets, street surfacing, street and regulatory signs, parks, recreation amenities, open spaces, and/or other needed street or utility improvements as shown on the improvement plans. The Developer shall have the option to install street lights or community this must be disclosed throughout the development process. The Developer will phase the construction of roads and utilities as shown on the development drawings. Acceptance by the City, will be given for each CURLEW BEND DEVELOPMENT AGREEMENT - Page 3 of 13 Ammon City Council 04/06/2023Page 51 of 67 improvement, upon the City Engineer finding the improvement meet standards, can be maintained by the City of Ammon, and will provide public benefits to the Ammon community. 6.3. That Developer, its successors or assigns will, at their own expense, construct and install all storm drainage systems and storm drain retention pond(s) as shown on the improvement plans. Retention ponds shall be sprinkled and landscaped following the standards for sprinklers and landscaping of retention ponds in the City of Ammon. Acceptance and conveyance of any parcel in which a retention area is located will occur only after completion and acceptance of drainage infrastructure, landscaping, sprinkling, and any public amenities necessary for the retention pond to be of benefit to the City of Ammon. Additional improvements shall be required by the City on a case-by-case basis to ensure that the retention areas are a public benefit to the Ammon community. Additional improvements may include playground equipment, park amenities, walking paths, park structures, recreation amenities, or other improvements that enhance the public open space and provide benefit to the Ammon community. Satisfactory acceptance by the City of any above-grade improvements to retention areas shall be determined by the City Administrator. 6.4. That Developer shall require all contractors involved in constructing the subdivision improvements to furnish a minimum two (2) year warranty on all materials and workmanship involved. Additional warranty periods may be required in writing by the City on certain materials and products. Said period of warranty shall run from written acceptance given by City 6.5. That Developer shall comply with all City requirements in effect at the time construction is commenced on each said lot. That the Developer shall sell no lots at less than the size required in the zoning for such property. Lot lines may be changed by owners, but no additional building sites may be created without first amending the plat of record. All building and zoning codes must be complied with in the event of any change. 6.6. That Developer will obtain easements, design and construct the sanitary sewer lines as shown in the improvement sewer line is adequate for the development. Should City elect to have installed the material upsizing cost. Developer shall provide the City Engineer with clearly itemized costs of the materials as provided by the pipe supplier. City shall approve the oversized sewer line in writing in advance of said project going forward. Reimbursement shall occur upon written acceptance by the City Engineer of said lines. All sanitary sewer design and installation shall comply with the Idaho Standards for Public Works Construction (ISPWC) or other standards as adopted by the City at the time of construction. The property described herein will be serviced by the City of Ammon sewer system, unless specifically agreed to by both developer and the City of Ammon. 6.7. That Developer will obtain easements, design and construct the water line as shown in the improvement drawings within the Devel is adequate for the development. Should City elect to have installed water main in CURLEW BEND DEVELOPMENT AGREEMENT - Page 4 of 13 Ammon City Council 04/06/2023Page 52 of 67 upsizing cost. Developer shall provide the City Engineer with clearly itemized costs of the materials as provided by the pipe supplier. City shall approve the oversized water line in writing in advance of said project going forward. Reimbursement shall occur upon written acceptance by the City Engineer of said lines. That the Developer shall be responsible for extending City water lines to said development through adjacent property if water is required prior to adjacent herein will be serviced by the City of Ammon water system, unless specifically agreed to by both developer and the City of Ammon. 6.8. Developer shall construct a temporary access for all construction related to the project and shall not use existing streets for accessing the development. If no temporary access can be constructed and Developer must use existing streets for access, Developer shall complete a pre-construction survey of the street conditions for all public streets and related infrastructure that provide access to the development prior to commencement of all construction. The street survey shall be completed by a Professional Engineer licensed in the State of Idaho assessing the existing conditions prior to commencement of any construction. At the conclusion of the project, a post-construction survey shall be completed by a Professional Engineer licensed in the State of Idaho assessing any damages caused by construction of the development. Developer shall mitigate and pay or otherwise reimburse City for all damages to the streets caused by construction of the development as directed by the City Engineer. 6.9. That Developer will reimburse the City for all costs associated with checking and approval of subdivision plats and improvement drawings. 6.10. That Developer shall prepare, execute, and record protective covenants that are not in variance with the zoning established by the City. 6.11. That Developer shall construct and install all such improvements in strict accordance with the filed and approved street (including adjacent arterial and collector roads), sewer, water, and drainage improvement plans and the City standard drawings and construction specifications current and in effect at the time the construction of said improvements is accomplished, or as otherwise agreed between the Developer and the City if the standards and specifications are more restrictive and onerous at the time of construction than at the time of the execution of this document. 6.12. That Developer shall pay or reimburse City for its reasonable share of all street improvements adjacent to the development, including water mains and lines, sewer lines, street paving, bridges, and other improvements such as but not limited to curb, gutter, sidewalks, and street lights, and does covenant that the City shall not have any maintenance responsibilities for the same until expiration of the two (2) year warranty period as provided for in the paragraph above, provided such improvements are constructed by developer. 6.13. That Developer shall provide the City Engineer with at least fifteen (15) days advance written notification of when and of what portion or portions of said street CURLEW BEND DEVELOPMENT AGREEMENT - Page 5 of 13 Ammon City Council 04/06/2023Page 53 of 67 or utility improvements he intends to complete at that time. Developer agrees to make such modifications and/or construct any temporary facilities necessitated by such phase construction work as shall be required and approved by the City Engineer. 6.14. That Developer shall immediately upon the completion of any such constructed portion, portions, or the entirety of said development, notify the City Engineer and request his inspection and written acceptance of such completed utility or street construction. 6.15. That Developer hereby agrees that, upon a finding based upon the sole discretion of the City Council, duly entered in the official minutes of the proceedings of the City Council, that a portion or portions or the entirety of said utility or street the health, welfare, and/or safety of the inhabitants of the City, the Developer will within thirty days or such other reasonable time as defined by the City, construct said needed utility or street improvement. If Developer does not construct within said time after written notification of by the Council, the Developer will pay to the City the cost of such construction as the City shall order after conference with the Developer. Provided, however, the City Council shall not make the findings set forth in this paragraph except at a regular or special meeting of the Council and unless the Developer has been notified in writing of the time and place of such meeting of the City Council at least ten (10) days prior thereto and has been given an opportunity to be present in person or by counsel and to be heard on the merits of the proposed finding. At or before such hearing, the City Engineer shall furnish the Developer a cost estimate for completing said improvement. In the event the City elects to construct the utilities or street improvements as provided for in this Development Agreement and in the site plan, this Development Agreement shall, upon recording this Development Agreement, constitute a lien against all property in said Development other than those portions for which an occupancy permit has been issued. 6.16. That Developer further agrees that upon his having received written notification from the City Engineer that any of the requirements herein specified have not been complied with, the City shall have the right to withhold the issuance of any certificates of occupancy and the issuance of building permits within such annexed area until such time as all requirements specified herein have been complied with; provided, however, that the Developer shall have the right to appear before the City Council at any regular meeting after any Certificate of Occupancy shall have been denied and shall have the right to be heard as to why such certificate or certificates should be issued. The Council shall then decide whether such certificate or certificates shall be issued and its decision shall be final, except that the rights of parties are preserved at law and equity. 6.17. That Developer agrees and covenants that prior to any construction or any improvements upon any of the area herein agreed, there shall be a final plat approved by the Planning and Zoning Commission and approved by the City Council and the City Engineer and filed with the County Recorder of Bonneville County, Idaho, as to any areas where improvements are to be commenced. CURLEW BEND DEVELOPMENT AGREEMENT - Page 6 of 13 Ammon City Council 04/06/2023Page 54 of 67 6.18. That Developer shall dedicate to the City that portion of the proposed property shown on the plats as public streets, easements, and public ways. 6.19. That Developer shall reimburse City for all past and future costs of publications relative to this development until the development is completed in full. Said costs shall include but are not limited to publication costs for notices of public hearings for development agreement and zoning changes, ordinance publication costs for development and public hearings, etc. 6.20. In accordance with Idaho Code 67-6537, surface water is required as the primary water source for irrigation. Developer shall construct said pressurized irrigation system consistent with pressurized irrigation system standards and based on approval by the City Engineer. Developer shall construct a pressurized irrigation system to service all lots, parcels, and common areas within the subdivision. Developer shall receive approval of the pressurized irrigation system design prior to installing any components of the system. Pressurized Irrigation system shall become property of the City of Ammon, provided the following criteria are met: 1) Construction of the system is complete; 2) Developer has shown the system is fully operational for one (1) full operational season; and 3) Developer has shown the system is capable of providing the primary water source for irrigation to all lots and parcels within the subdivision. Developer shall be responsible for all defects and deficiencies in the pressurized irrigation system for two (2) years from the date it is turned over to the City of Ammon. A guarantee of completion in accordance with City Code 10-29-15 shall be provided prior to issuance of building permits within the subdivision. Upon transfer of the system to the City of Ammon, the City shall be responsible for all operations and maintenance of the pressurized irrigation system. If surface water is not deemed reasonably available minimum compensatory groundwater rights, deemed acceptable by the City of Ammon, may be purchased and transferred to the City of Ammon in accordance with City Code 8-10. 6.21. That Developer agrees no well to provide culinary, irrigation or water for any other use without the written permission by the City Engineer, shall be drilled upon said property after the recording date of this development agreement. Further that any ground water rights including any existing well, lines or other infrastructure on the property shall be dedicated or transferred to the City of Ammon. 6.22. That prior to the issuance of any building permit for buildings in said subdivision, Developer shall construct and install all Public improvements as required by the approved improvement drawings for said subdivision. Public improvements shall include but not be limited to: roads, phone, electric, public water, public sewer, fire protection, cable, lighting and required landscaping, curb, gutter, sidewalks and drainage systems. 6.23. That developer shall be required to construct and install all Public improvements as required by the approved improvement drawings for each subdivision or division thereof prior to the issuance of any building permit for said subdivision or produce a guarantee of completion in compliance with City Code 10-29-15. This guarantee of completion shall be provided in lieu of completing all infrastructure CURLEW BEND DEVELOPMENT AGREEMENT - Page 7 of 13 Ammon City Council 04/06/2023Page 55 of 67 improvements prior to issuance of building permits within a subdivision as required in the City of Ammon. 6.24. That when arterial roadway or infrastructure is required as part of a final plat on property located within this agreement; the developer shall install street lights as required by the City Engineer on the improvement drawings for the development. Those lights shall meet the most current standards for arterial street lighting as adopted by the City of Ammon or the equivalent as offered by Rocky Mountain Power. 6.25. That developer shall pay any front footage fees applicable to said property. 6.26. That developer shall request that the City form a lighting district upon recording of a final plat related to this agreement. Said district shall include all public street/security lighting related to the property within the boundaries of this agreement. Developer agrees to pay for or reimburse City for all costs associated with the formation of said lighting district. 6.27. That developer shall conduct and provide a traffic study in accordance with the current BMPO Access Management Plan Section 6.3. The traffic study shall be prepared and stamped by a Professional Engineer (PE) licensed in the State of Idaho which has expertise in traffic studies. See Exhibit B at the end of this document. The developer shall pay for all traffic improvements recommended by the traffic study that are necessary to address public health, safety and welfare. Prior to issuance of any Certificate of Occupancy for the Development, all traffic improvements recommended by the traffic study shall be complete and approved by the City Engineer. 6.28. That developer shall provide required street markings and signage to match city standards and BMPO Connecting Our Communities directives to include such markings and signage as required by the City Engineer. 6.29. That developer shall petition the Eastern Idaho Regional Waste Water Authority (EIRWWA) for approval to service the wastewater requirements of the subdivision. That Developer agrees to pay the EIRWWA fee as constituted by EIRWWA at the time of the building permit application. Developer acknowledges that the City of Ammon cannot guarantee sewer capacity will be sufficient for the development and cannot award capacity on behalf of EIRWWA. 6.30. Developer shall install fiber duct and handhold boxes as provided for by City standards for fiber installation at the time of construction. In addition, thereto, the City shall collect and the developer/property owner shall pay, the amount set by the fee schedule as adopted by the City Council when the building permit is issued. 6.31. Developer and/or Property owner shall designate on the required building site plan the location where fiber duct end will terminate. All installation of fiber duct and related infrastructure shall be installed pursuant to the standards adopted by the City of Ammon. CURLEW BEND DEVELOPMENT AGREEMENT - Page 8 of 13 Ammon City Council 04/06/2023Page 56 of 67 6.32. City shall, upon notification that the fiber duct has been installed, schedule installation of fiber and any other related equipment and infrastructure. 7. SPECIAL CONDITIONS. That this Development Agreement shall be subject to the following special conditions. To the extent otherwise inconsistent, special conditions shall take the precedent over all other terms: 7.1. SC-1: Developer shall extend and construct the entirety of Curlew Drive, including street, curb and gutter on both sides of the road, and sidewalks on the project side from the existing road and sidewalk to the Development according to the standards required by the City Engineer prior to approval of any building permit for the Development. 7.2. SC-2: Developer shall extend and construct the entirety of John Adams Parkway, including street, curb and gutter on both sides of the road, and sidewalks on the project side along the frontage of the Development according to the standards required by the City Engineer prior to approval of any building permit for the Development. 7.3. SC-3: Developer shall improve the intersection of Curlew and John Adams Parkway to accommodate fire protection and construction access according to the standards required by the City Engineer prior to approval of any building permit for the development. 7.4. SC-4: A maximum of 61 residential dwelling units shall be permitted for the Development. 7.5. SC-5: A minimum of 10,000 square feet of commercial space shall be constructed as part of the Development. 7.6. SC-6: The Development plans shall allow for second-story construction to accommodate up to 10,000 square feet of additional commercial space immediately above the commercial space outlined in SC-5 above. 7.7. SC-7: Developer shall pay $480.00 per residential dwelling unit to be dedicated to parks and open space improvements within the general vicinity of the proposed development. The same shall be paid prior to issuance of any building permit. In lieu of a payment, the Developer may propose donation of real property or provide in-kind improvements to public parks at the direction of the City Administrator. 8. MISCELLANEOUS PROVISIONS. 8.1. Covenant Running with the Land/Successors and Assigns. Unless this Agreement is modified by mutual written agreement of the Parties or terminated by City, this Agreement and all conditions, terms, duties and obligations included in this Agreement shall be binding upon Owner, each subsequent owner of the Property and every person or entity acquiring any interest in the Property. This Agreement shall constitute a covenant running with the land burdening the Property in favor of City and shall be binding upon Owner, its successors in interest, personal representatives, heirs, vendees and assigns. CURLEW BEND DEVELOPMENT AGREEMENT - Page 9 of 13 Ammon City Council 04/06/2023Page 57 of 67 8.2. Waiver. Any waiver of any of the terms or conditions of this Agreement by City or Owner must be in writing to be effective and shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of City or Owner of applying to any subsequent breach of any such or other covenants and conditions. 8.3. Notices. Any and all notices, demands, requests, and other communications required to be given hereunder by either of the parties hereto shall be in writing and be deemed properly served or delivered if delivered by hand to the party to whose attention it is directed, or when sent, seven (7) days after deposit in the U.S. Mail, postage pre-paid, or upon the sending of a facsimile, followed by a copy sent by U.S. Mail as provided herein, addressed as follows: City: City of Ammon c/o City Administrator 2135 South Ammon Road Ammon, Idaho 83406 (208) 612-4051 Phone (208) 612-4009 Fax Owner: Curlew Townhomes Mike Reynolds 1289 Stone Drive Rexburg, ID 83440 Or at such other address, or facsimile number, or to such other party which any party entitled to receive notice hereunder designates to the other in writing as provided above. 8.4. Attorney Fees. In the event either party to this Agreement is required to retain the services of an attorney to enforce its rights hereunder, the defaulting party shall pay to the non-defaulting party reasonable attorney fees and costs incurred as a result of such default whether or not litigation is commenced and including reasonable attorney fees and costs on appeal. 8.5. Time is of the Essence. The parties hereto acknowledge and agree that time is hereby made expressly of the essence with respect to each and every term, condition, and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the party so failing to perform. 8.6. Requirement for Recordation. Owner shall record this document, including all of the Exhibits, and submit proof of such recording to the City. Failure to comply with this section shall be deemed a default of this Agreement by Owner. 8.7. No Precedent. Approval of the Development Agreement shall not be considered a binding precedent for the issuance of other development agreements. The Development Agreement is not transferable from one parcel of land to another. 8.8. Police Powers. Nothing contained herein is intended to limit the police powers of the City. This Agreement shall not be construed to modify or waive any law, ordinance, rule, or regulation, including without limitation, applicable building codes, fire codes, zoning ordinances, subdivision ordinances, or comprehensive plan provisions, unless expressly provided herein. CURLEW BEND DEVELOPMENT AGREEMENT - Page 10 of 13 Ammon City Council 04/06/2023Page 58 of 67 8.9. Invalid Provisions. If any provision of this Agreement is held not valid, such provision shall be deemed to be excised there from and the invalidity thereof shall not affect any of the other provisions contained herein. 8.10. Choice of Law. This Agreement shall be governed by the laws and decisions of the state of Idaho. IN WITNESS WHEREOF, the City has by motion duly passed, executed this agreement by the signature of the Mayor, attested by the City Clerk, and the Developer has caused this agreement to be duly executed the day and the year first above written. CITY OF AMMON, IDAHO DEVELOPER By:___________________________ By: ____________________________ Sean Coletti, Mayor Mike Reynolds, Curlew Townhomes ATTEST: _______________________________ Kristina Buchan, City Clerk CURLEW BEND DEVELOPMENT AGREEMENT - Page 11 of 13 Ammon City Council 04/06/2023Page 59 of 67 STATE OF IDAHO County of Bonneville On this _____ day of _______________, 2022 before me the undersigned, a Notary Public in and for said State, personally appeared Sean Coletti, known or identified to me to me be the Mayor of Ammon, the municipal corporation that executed the attached Development Agreement and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF: I have set my hand and affixed my official seal the day and year first above written. Notary Public for the State of Idaho Residing in Bonneville County, Idaho Commission Expiration Date: __________ STATE OF IDAHO County of Bonneville On this _____ day of _______________, 2022 before me the undersigned, a Notary Public in and for said State, personally appeared Mike Reynolds, known or identified to me to be the individual that executed the attached Development Agreement and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF: I have set my hand and affixed my official seal the day and year first above written. Notary Public for the State of Idaho Residing in Bonneville County, Idaho Commission Expiration Date: CURLEW BEND DEVELOPMENT AGREEMENT - Page 12 of 13 Ammon City Council 04/06/2023Page 60 of 67 EXHIBIT A TO DEVELOPMENT AGREEMENT LEGAL DESCRIPTION Township 2 North, Range 38 East of the Boise Meridian, County of Bonneville, State of Idaho. Section 22: Beginning at a point that is S89°20'54"E 1480.61 feet along the Section line and N00°39'06"E 359.94 feet from the West Quarter Corner of said Section 22, said point being on the Easterly right-of-way line of Curlew Drive and running thence N00°18'30"E 845.70 feet along said Easterly right-of-way line to a point on the Southerly right-of-way line of John Adams Parkway extended; thence S89°38'48"E 95.02 feet along said Southerly right-of-way line to the point of curve of a non tangent curve to the right, of which the radius point lies S00°18'13"W a radial distance of 500.00 feet; whose chord bearing is S81°52'11"E with a chord distance of 136.17 feet; thence Easterly along the arc through a central angle of 15°39'11" a distance of 136.60 feet along said Southerly right-of-way line; thence S00°18'13"W 828.48 feet; thence N89°20'45"W 230.00 feet to the Point of Beginning. EXHIBIT B TO DEVELOPMENT AGREEMENT BMPO ACCESS MANAGEMENT PLAN JULY 2012 CURLEW BEND DEVELOPMENT AGREEMENT - Page 13 of 13 Ammon City Council 04/06/2023Page 61 of 67