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09.21.2023 City Council Packet Ammon City Council 09.21.2023Page 1 of 68 1. 2. i. 1. 3. 17 Ammon City Council 09.21.2023Page 2 of 68 1. 2. i. 1. 27 Ammon City Council 09.21.2023Page 3 of 68 37 Ammon City Council 09.21.2023Page 4 of 68 47 Ammon City Council 09.21.2023Page 5 of 68 57 Ammon City Council 09.21.2023Page 6 of 68 3. 67 Ammon City Council 09.21.2023Page 7 of 68 77 Ammon City Council 09.21.2023Page 8 of 68 AMMON CITY COUNCIL MEETING THURSDAY, SEPTEMBER 14, 2023 4:30 P.M. 2135 SOUTH AMMON ROAD AGENDA CALL TO ORDER: Council President Slack at 4:30 p.m. DISCUSSION ITEMS: 1. Ammon Pool Planning 2. Urban Renewal Design 3. Miscellaneous ADJOURN MINUTES City Officials Present: City Officials Absent: Council President Russell Slack City Administrator Micah Austin Mayor Sean Coletti Councilmember George Vander Meer (left City Engineer Tracy Bono at 5:30pm) City Planner Cindy Donovan Councilmember Heidi Boyle Recreation Director Randal Miller Councilmember Rex Thompson Parks & Recreation Director Tyler Draney Councilmember Scott Wessel City Clerk Kristina Buchan Councilmember Craig Tibbitts City Attorney Scott Hall CALL TO ORDER: Council President Slack called the meeting to order at 4:30 p.m. DISCUSSION ITEMS: 1. Ammon Pool Planning Council was joined by Sébastien Rousseau and Shirley Gustafson in person and Kevin Post on Zoom from Myrtha Pools to discuss options for a potential new Ammon Pool. Council discussed location, operations, and indoor and outdoor options. Council directed Staff to work with other cities do discuss design and funding for a future pool. 2. Urban Renewal Design City Administrator Austin presented a request from the Mayor to consider developing a desired design for the Urban Renewal District that would give better visual conceptualizations for developers and the public. Council was generally in favor of the idea but some concern was presented that a design might limit development and general concerns of cost. Ammon City Council Regular Meeting 09.14.2023 Page 1 of 2 Ammon City Council 09.21.2023Page 9 of 68 3. Miscellaneous ADJOURN The meeting adjourned at 6:14pm ______________________________ Sean Coletti, Mayor _____________________________ Kristina Buchan, City Clerk Ammon City Council Regular Meeting 09.14.2023 Page 2 of 2 Ammon City Council 09.21.2023Page 10 of 68 Ammon City Council 09.21.2023Page 11 of 68 Ammon City Council 09.21.2023Page 12 of 68 Ammon City Council 09.21.2023Page 13 of 68 Ammon City Council 09.21.2023Page 14 of 68 Ammon City Council 09.21.2023Page 15 of 68 Ammon City Council 09.21.2023Page 16 of 68 !ƒƒƚƓ /źƷǤ /ƚǒƓĭźƌ ƒĻĻƷźƓŭ {ĻƦƷĻƒĬĻƩ ЋЊͲ ЋЉЋЌ ağǤƚƩ /ƚƌĻƷƷź ğƓķ !ƒƒƚƓ /źƷǤ /ƚǒƓĭźƌƒĻƒĬĻƩƭʹ 9ğƭƷĻƩƓ Lķğŷƚ /ƚƒƒĻƩĭĻ /ĻƓƷĻƩ 5źǝźƭźƚƓ Ќ ЊƭƷ !ƒĻƓķĻķ tƌğƷ {ƷğŅŅ tƩĻƭĻƓƷźƓŭʹ /źƓķǤ 5ƚƓƚǝğƓ tƌğƓƓźƓŭ 5źƩĻĭƷƚƩ wĻĭƚƒƒĻƓķğƷźƚƓƭ {ƷğŅŅ ƩĻĭƚƒƒĻƓķƭ ğƦƦƩƚǝğƌ ƚŅ ƷŷĻ ŅźƓğƌ ƦƌğƷ ĬğƭĻķ ƚƓ ƷŷĻ ŅƚƌƌƚǞźƓŭ ƭƷğŅŅ ƩĻƦƚƩƷ /ƚƒƦƌźğƓĭĻ Ώ ŷźƭ ƦƌğƷ źƭ źƓ ĭƚƒƦƌźğƓĭĻ ǞźƷŷ /źƷǤ hƩķźƓğƓĭĻ ЊЉΏЍЊ t{/ tğƩƉƭͲ {ĭŷƚƚƌƭͲ ğƓķ /ŷǒƩĭŷĻƭ ƚƓĻͲ ЊЉΏ ЋВΏВ CźƓğƌ tƌğƷ wĻƨǒźƩĻƒĻƓƷƭͲ ƷŷĻ /ƚƒƦƩĻŷĻƓƭźǝĻ tƌğƓͲ ğƓķ ƷŷĻ /ƚƒƦƩĻŷĻƓƭźǝĻ tƌğƓ \[ğƓķ ƭĻ ağƦ͵ {ǒƒƒğƩǤ ƚŅ !ƓğƌǤƭźƭ Њ͵ 9ğƭƷĻƩƓ Lķğŷƚ /ƚƒƒĻƩĭĻ /ĻƓƷĻƩ 5źǝźƭźƚƓ Ќ Ǟğƭ ğƦƦƩƚǝĻķ ƚƓ WǒƓĻ ЊВͲ ЋЉЉЌ͵ ŷźƭ ƦƩƚƦĻƩƷǤ źƭ ƷŷĻ ĭǒƩƩĻƓƷ ŷźƷĻ tźƓĻ /ŷğƩƷĻƩ {ĭŷƚƚƌ ƌƚƷ͵ Ћ͵ ŷĻ ğƒĻƓķĻķ ƦƌğƷ źƭ ĬĻźƓŭ ƩĻƨǒĻƭƷĻķ Ʒƚ ĭƚƒĬźƓĻ ƷŷĻ ƷǞƚ ƦƩƚƦĻƩƷźĻƭ Ʒƚ ğƌƌƚǞ ŅƚƩ ĭƚƓƭƷƩǒĭƷźƚƓ ƚŅ ğƓ ğķķźƷźƚƓ Ʒƚ ƷŷĻ ĻǣźƭƷźƓŭ ĬǒźƌķźƓŭ͵ Ќ͵ LƓĭƌǒķĻƭ wźŭŷƷΏƚŅΏğǤ ķĻķźĭğƷźƚƓ ŅƚƩ ƷŷĻ ĻǣƷĻƓƭźƚƓ ƚŅ .ğĭƉŷğƓķ 5ƩźǝĻ ğƓķ ğ ĭƚƓƓĻĭƷźƓŭ wźŭŷƷΏƚŅΏ ğǤ ŅƚƩ ğ Ʃƚğķ ƩǒƓƓźƓŭ ƓƚƩƷŷ ğƓķ ƭƚǒƷŷ ğƌƚƓŭ ƷŷĻ ŷźƷĻ tźƓĻ /ŷğƩƷĻƩ {ĭŷƚƚƌ ƦƩƚƦĻƩƷǤ ğƓķ ƷŷĻ źĻ .ƩĻğƉĻƩ tğƩƉ͵ Ѝ͵ ЊЋΏŅƚƚƷ ĻğƭĻƒĻƓƷ ƦƩƚǝźķĻķ Ʒƚ ƷŷĻ /źƷǤ ƚƓ ƷŷĻ ĻğƭƷ ƭźķĻ ƚŅ ƷŷĻ ƦƩƚƦĻƩƷǤ ŅƚƩ ğ ǞğƌƉźƓŭ ƦğƷŷ Ў͵ /ƚƓķźƷźƚƓğƌ wĻǩƚƓĻ !ŭƩĻĻƒĻƓƷ Ǟğƭ ğƦƦƩƚǝĻķ ĬǤ ƷŷĻ /źƷǤ /ƚǒƓĭźƌ ƚƓ WǒƌǤ ЋЉͲ ЋЉЋЌ ǞźƷŷ ƷŷĻ ŅƚƌƌƚǞźƓŭ ĭƚƓķźƷźƚƓƭʹ źƌƌ ĻǣƦźƩĻ źŅ Ɠƚ ĬǒźƌķźƓŭ ƦĻƩƒźƷ źƭ źƭƭǒĻķ ǞźƷŷźƓ Ќ ǤĻğƩƭ ƚŅ ƷŷĻ ĻŅŅĻĭƷźǝĻ ķğƷĻ ğƓķ źŅ Ɠƚ ĭĻƩƷźŅźĭğƷĻ ƚŅ ƚĭĭǒƦğƓĭǤ ŷğƭ ĬĻĻƓ źƭƭǒĻķ ǞźƷŷźƓ Ў ǤĻğƩƭ ƚŅ ƷŷĻ ĻŅŅĻĭƷźǝĻ ķğƷĻ 5ĻǝĻƌƚƦĻƩ ƒǒƭƷ ĻƓƷĻƩ źƓƷƚ ğ ƭƷğƓķğƩķ ķĻǝĻƌƚƦƒĻƓƷ ğŭƩĻĻƒĻƓƷ ǞźƷŷźƓ Џ ƒƚƓƷŷƭ ƚŅ ƷŷĻ ĻŅŅĻĭƷźǝĻ ķğƷĻ ! ĭƚƓƷƩğĭƷ ƒǒƭƷ ĬĻ ğǞğƩķĻķͲ ĻźƷŷĻƩ ĬǤ ƷŷĻ ķĻǝĻƌƚƦĻƩ ƚƩ ƚƷŷĻƩ ĻƓƷźƷǤͲ ŅƚƩ ƷŷĻ ĭƚƓƭƷƩǒĭƷźƚƓ ƚŅ WƚŷƓ !ķğƒƭ tğƩƉǞğǤ ƦƩźƚƩ Ʒƚ ƷŷĻ źƭƭǒğƓĭĻ ƚŅ ğ ĬǒźƌķźƓŭ ƦĻƩƒźƷͲ ğƓķ ƷŷĻ ĭƚƓƭƷƩǒĭƷźƚƓ ƒǒƭƷ ĬĻ ĭƚƒƦƌĻƷĻķ ĬĻŅƚƩĻ ğ ĭĻƩƷźŅźĭğƷĻ ƚŅ ƚĭĭǒƦğƓĭǤ ЏЉ ŅĻĻƷ ƩźŭŷƷΏƚŅΏǞğǤ ŅƚƩ .ğĭƉŷğƓķ 5ƩźǝĻ ğƌƚƓŭ ƷŷĻ ƓƚƩƷŷ ğƓķ ĻğƭƷ ƦƩƚƦĻƩƷǤ ƌźƓĻ ƒǒƭƷ ĬĻ ķĻĻķ Ʒƚ ƷŷĻ /źƷǤ ĬĻŅƚƩĻ ğ ĬǒźƌķźƓŭ ƦĻƩƒźƷ źƭ źƭƭǒĻķ ЊЋΏŅƚƚƷ ĻğƭĻƒĻƓƷ ƚƓ ƷŷĻ ĻğƭƷ ƭźķĻ ƚŅ ƷŷĻ ƦƩƚƦĻƩƷǤ ŅƚƩ ğ ǞğƌƉźƓŭ ƦğƷŷ tƌğƓƓźƓŭ ğƓķ ƚƓźƓŭ /ƚƒƒźƭƭźƚƓ !ƒĻƓķĻķ tƌğƷ Ǟğƭ ƩĻǝźĻǞĻķ ƚƓ {ĻƦƷĻƒĬĻƩ ЏͲ ЋЉЋЌ ŷĻ /ƚƒƒźƭƭźƚƓ ƩĻĭƚƒƒĻƓķĻķ ğƦƦƩƚǝğƌ ƭǒĬƆĻĭƷ Ʒƚ ƷĻĭŷƓźĭğƌ ƩĻǝźĻǞ ğƓķ ƭǒĬƆĻĭƷ Ʒƚ źƓĭƌǒķźƓŭ ЊЎΏ ŅƚƚƷ ƦǒĬƌźĭ ǒƷźƌźƷǤ ĻğƭĻƒĻƓƷƭ ğķƆğĭĻƓƷ Ʒƚ ğƌƌ ƦǒĬƌźĭ Ʃƚğķƭ ğƓķ ğ ƓğƒĻ ŅƚƩ ƷŷĻ ƓƚƩƷŷΉƭƚǒƷŷ ƭƷƩĻĻƷ ĭƚƓƓĻĭƷĻķ Ʒƚ .ğĭƉŷğƓķ 5ƩźǝĻ ЋЊЌЎ {ƚǒƷŷ !ƒƒƚƓ wķ͵Ͳ !ƒƒƚƓͲ Lķğŷƚ БЌЍЉЏ /źƷǤ Iğƌƌʹ ΛЋЉБΜ ЏЊЋΏЍЉЉЉ ǞǞǞ͵ĭźƷǤƚŅğƒƒƚƓ͵ǒƭ tğŭĻ ΋ Њ Ammon City Council 09.21.2023Page 17 of 68 o ŷĻ ğƦƦƌźĭğƓƷ ŷğƭ źƓĭƌǒķĻķ ЊЎΏŅƚƚƷ ƦǒĬƌźĭ ǒƷźƌźƷǤ ĻğƭĻƒĻƓƷƭ ğķƆğĭĻƓƷ Ʒƚ ğƌƌ ƦǒĬƌźĭ Ʃƚğķƭ ğƓķ ğ ƓğƒĻ ŅƚƩ ƷŷĻ ƓƚƩƷŷΉƭƚǒƷŷ ƭƷƩĻĻƷ ĭƚƓƓĻĭƷĻķ Ʒƚ .ğĭƉŷğƓķ 5ƩźǝĻ͵ tğƩĭĻƌ /ŷğƩğĭƷĻƩźƭƷźĭƭ Ώ DĻƓĻƩğƌ \[ƚĭğƷźƚƓʹ ƓƚƩƷŷ ƚŅ WƚŷƓ !ķğƒƭ tğƩƉǞğǤͲ ĻğƭƷ ƚŅ {ƚǒƷŷ ЋЎƷŷ 9ğƭƷͲ ƭƚǒƷŷ ƚŅ ЊƭƷ {ƷƩĻĻƷͲ ǞĻƭƷ ƚŅ źĻĬƩĻğƉĻƩ 5ƩźǝĻ Ώ !ĭƩĻƭʹ ЊЌ͵ЍЋЊ ğĭƩĻƭ Ώ ƚƓźƓŭʹ t{/ Ώ \[ƚƷƭʹ Њ ƌƚƷ Ώ !ƦƦƩƚǝğƌ ƚŅ 9ğƭƷĻƩƓ Lķğŷƚ /ƚƒƒĻƩĭĻ /ĻƓƷĻƩ 5źǝźƭźƚƓ Ќ ЊƭƷ !ƒĻƓķĻķ tƌğƷ Ώ tƩĻƭĻƓƷĻķ ĬǤ 5ĻƓƓźƭ /ƚƌĻͲ tğƩğķźŭƒ 5ĻƭźŭƓ ğƓķ wƚƓ /ƚƷĻͲ ŷźƷĻ tźƓĻ /ŷğƩƷĻƩ {ĭŷƚƚƌ aƚƷźƚƓ !ƦƦƩƚǝĻ L ƒƚǝĻ Ʒƚ ƩĻĭƚƒƒĻƓķ ğƦƦƩƚǝğƌ ƚŅ ƷŷĻ 9ğƭƷĻƩƓ Lķğŷƚ /ƚƒƒĻƩĭĻ /ĻƓƷĻƩ 5źǝźƭźƚƓ Ќ ЊƭƷ !ƒĻƓķĻķ tƌğƷ ŅźƓķźƓŭ źƷ źƭ źƓ ĭƚƒƦƌźğƓĭĻ ǞźƷŷ ƷŷĻ /ƚƒƦƩĻŷĻƓƭźǝĻ tƌğƓ ğƓķ /źƷǤ hƩķźƓğƓĭĻ ƭǒĬƆĻĭƷ Ʒƚ ƷĻĭŷƓźĭğƌ ƩĻǝźĻǞ ΛƭƷğƷĻ ğƓǤ ƩĻƨǒźƩĻƒĻƓƷƭ ŅƚƩ ğƦƦƩƚǝğƌΜ 5ĻƓǤ L ƒƚǝĻ Ʒƚ ƩĻĭƚƒƒĻƓķ ķĻƓźğƌ ƚŅ ƷŷĻ 9ğƭƷĻƩƓ Lķğŷƚ /ƚƒƒĻƩĭĻ /ĻƓƷĻƩ 5źǝźƭźƚƓ Ќ ЊƭƷ !ƒĻƓķĻķ tƌğƷ ŅźƓķźƓŭ źƷ źƭ ƓƚƷ źƓ ĭƚƒƦƌźğƓĭĻ ǞźƷŷ ƷŷĻ /ƚƒƦƩĻŷĻƓƭźǝĻ tƌğƓ ƚƩ /źƷǤ hƩķźƓğƓĭĻ ĬğƭĻķ ǒƦƚƓ ΛƭƷğƷĻ ƩĻğƭƚƓ ŅƚƩ ķĻƓźğƌΜ /ƚƓƷźƓǒĻ L ƒƚǝĻ Ʒƚ ĭƚƓƷźƓǒĻ ƷŷĻ 9ğƭƷĻƩƓ Lķğŷƚ /ƚƒƒĻƩĭĻ /ĻƓƷĻƩ 5źǝźƭźƚƓ Ќ ЊƭƷ !ƒĻƓķĻķ tƌğƷ ǒƓƷźƌ ğķķźƷźƚƓğƌ źƓŅƚƩƒğƷźƚƓ ĭğƓ ĬĻ ƚĬƷğźƓĻķ ΛƭƷğƷĻ źƓŅƚƩƒğƷźƚƓ ƓĻĻķĻķΜ !ƷƷğĭŷƒĻƓƷƭʹ Њ͵ źĭźƓźƷǤ ağƦ Ћ͵ 9ğƭƷĻƩƓ Lķğŷƚ /ƚƒƒĻƩĭĻ /ĻƓƷĻƩ 5źǝźƭźƚƓ Ќ ЊƭƷ !ƒĻƓķĻķ tƌğƷ Ќ͵ ŷźƷĻ tźƓĻ /ŷğƩƷĻƩ {ĭŷƚƚƌ 9ǣƦğƓƭźƚƓ /ƚƓķźƷźƚƓğƌ wĻǩƚƓĻ !ŭƩĻĻƒĻƓƷ Ѝ͵ ЊЉΏЋВΏБ CźƓğƌ tƌğƷ wĻƨǒźƩĻƒĻƓƷƭ Ў͵ ЊЉΏЍЊ t{/ tğƩƉƭͲ {ĭŷƚƚƌƭͲ ğƓķ /ŷǒƩĭŷĻƭ ƚƓĻ ЋЊЌЎ {ƚǒƷŷ !ƒƒƚƓ wķ͵Ͳ !ƒƒƚƓͲ Lķğŷƚ БЌЍЉЏ /źƷǤ Iğƌƌʹ ΛЋЉБΜ ЏЊЋΏЍЉЉЉ ǞǞǞ͵ĭźƷǤƚŅğƒƒƚƓ͵ǒƭ tğŭĻ ΋ Ћ Ammon City Council 09.21.2023Page 18 of 68 Ammon City Council 09.21.2023Page 19 of 68 Ammon City Council 09.21.2023Page 20 of 68 Ammon City Council 09.21.2023Page 21 of 68 Ammon City Council 09.21.2023Page 22 of 68 Ammon City Council 09.21.2023Page 23 of 68 Ammon City Council 09.21.2023Page 24 of 68 Ammon City Council 09.21.2023Page 25 of 68 Ammon City Council 09.21.2023Page 26 of 68 Ammon City Council 09.21.2023Page 27 of 68 Ammon City Council 09.21.2023Page 28 of 68 Ammon City Council 09.21.2023Page 29 of 68 Ammon City Council 09.21.2023Page 30 of 68 !ƒƒƚƓ /źƷǤ /ƚǒƓĭźƌ {ĻƦƷĻƒĬĻƩ ЋЊͲ ЋЉЋЌ ağǤƚƩ /ƚƌĻƷƷź ğƓķ /źƷǤ /ƚǒƓĭźƌƒĻƒĬĻƩƭʹ ŷźƷĻ tźƓĻ /ŷğƩƷĻƩ {ĭŷƚƚƌ {ƷğƓķğƩķ 5ĻǝĻƌƚƦƒĻƓƷ !ŭƩĻĻƒĻƓƷ {ƷğŅŅ tƩĻƭĻƓƷźƓŭʹ /źƓķǤ 5ƚƓƚǝğƓ tƌğƓƓźƓŭ 5źƩĻĭƷƚƩ /ƚƒƦƌźğƓĭĻ Ώ ŷźƭ ğĭƷźƚƓ źƭ źƓ ĭƚƒƦƌźğƓĭĻ ǞźƷŷ źƷƌĻ ЊЉ /ŷğƦƷĻƩ ЍЉ {ĻĭƷźƚƓ Ћ Њ {ǒƒƒğƩǤ ƚŅ !ƓğƌǤƭźƭ Њ͵ 9ğƭƷĻƩƓ Lķğŷƚ /ƚƒƒĻƩĭĻ /ĻƓƷĻƩ 5źǝźƭźƚƓ Ќ Ǟğƭ ğƦƦƩƚǝĻķ ƚƓ WǒƓĻ ЊВͲ ЋЉЉЋ͵ ŷźƭ ƦƩƚƦĻƩƷǤ źƭ ƷŷĻ ĭǒƩƩĻƓƷ ŷźƷĻ tźƓĻ /ŷğƩƷĻƩ {ĭŷƚƚƌ ƌƚƷ͵ Ћ͵ ! /ƚƓķźƷźƚƓğƌ wĻǩƚƓĻ !ŭƩĻĻƒĻƓƷ Ǟğƭ ğƦƦƩƚǝĻķ ĬǤ ƷŷĻ /źƷǤ /ƚǒƓĭźƌ ƚƓ WǒƌǤ ЋЉͲ ЋЉЋЌ Ʒƚ ĻǣƦğƓķ ƷŷĻ ĭǒƩƩĻƓƷ ĭğƒƦǒƭ ğƩĻğͲ Ǟŷźĭŷ źƓĭƌǒķĻķ ğ ƩĻƨǒźƩĻƒĻƓƷ ŅƚƩ ğ {ƷğƓķğƩķ 5ĻǝĻƌƚƦƒĻƓƷ !ŭƩĻĻƒĻƓƷ ĬĻ ĻƓƷĻƩĻķ źƓƷƚ ǞźƷŷźƓ ƭźǣ ΛЏΜ ƒƚƓƷŷƭ ƚŅ ƷŷĻ ğĬƚǝĻ ķğƷĻ͵ Ќ͵ ŷĻ ŅƚƌƌƚǞźƓŭ {ƦĻĭźğƌ /ƚƓķźƷźƚƓƭ ğƩĻ źƓĭƌǒķĻķ źƓ ƷŷĻ {ƷğƓķğƩķ 5ĻǝĻƌƚƦƒĻƓƷ !ŭƩĻĻƒĻƓƷʹ {/ΏЊʹ .ǒźƌķźƓŭ ƦĻƩƒźƷ ƭŷğƌƌ ĬĻ źƭƭǒĻķ ǞźƷŷźƓ ƷŷƩĻĻ ΛЌΜ ǤĻğƩƭ ƚŅ ƷŷĻ 9ŅŅĻĭƷźǝĻ 5ğƷĻ ƚŅ ƷŷĻ /ƚƓķźƷźƚƓğƌ wĻǩƚƓĻ !ŭƩĻĻƒĻƓƷ {/ΏЋʹ WƚŷƓ !ķğƒƭ tğƩƉǞğǤ ŅƩƚƒ ЋЎƷŷ 9ğƭƷ Ʒƚ ŷźƷĻ tźƓĻ /ŷğƩƷĻƩ {ĭŷƚƚƌ Ǟźƌƌ ƩĻƨǒźƩĻ /źƷǤ /ƚǒƓĭźƌ ğƦƦƩƚǝğƌ ƚŅ ğ ĭƚƓƷƩğĭƷ ŅƚƩ ĭƚƓƭƷƩǒĭƷźƚƓ ƭŷğƌƌ ĬĻ ğǞğƩķĻķͲ ĻźƷŷĻƩ ĬǤ ƷŷĻ 5ĻǝĻƌƚƦĻƩ ƚƩ ƚƷŷĻƩ ĻƓƷźƷǤͲ ƦƩźƚƩ Ʒƚ ƷŷĻ źƭƭǒğƓĭĻ ƚŅ ğ ĬǒźƌķźƓŭ ƦĻƩƒźƷ͵ ŷĻ ĭƚƓƭƷƩǒĭƷźƚƓ ƭŷğƌƌ ĬĻ ĭƚƒƦƌĻƷĻķ ĬĻŅƚƩĻ ƷŷĻ źƭƭǒğƓĭĻ ƚŅ ğ /ĻƩƷźŅźĭğƷĻ ƚŅ hĭĭǒƦğƓĭǤ͵ {/ΏЌʹ {źǣƷǤ ΛЏЉΜ ŅĻĻƷ wźŭŷƷΏƚŅΏğǤ ŅƚƩ .ğĭƉŷğƓķ 5ƩźǝĻ ğƌƚƓŭ ƷŷĻ ƓƚƩƷŷ ƦƩƚƦĻƩƷǤ ƌźƓĻ ğƓķ ĻğƭƷ ƦƩƚƦĻƩƷǤ ƌźƓĻ ƒǒƭƷ ĬĻ ķĻĻķĻķ Ʒƚ ƷŷĻ ĭźƷǤ ĬĻŅƚƩĻ ƷŷĻ źƭƭǒğƓĭĻ ƚŅ ğ ĬǒźƌķźƓŭ ƦĻƩƒźƷͲ Ʒƚ ğƌƌƚǞ ŅƚƩ .ğĭƉŷğƓķ wƚğķ Ʒƚ ĭƚƓƷźƓǒĻ ǞĻƭƷ ğƓķ ĭƚƓƓĻĭƷ Ʒƚ ğ Ʃƚğķ ƩǒƓƓźƓŭ ƓƚƩƷŷΉƭƚǒƷŷ ğƌƚƓŭ ƷŷĻ ĻğƭƷ ƦƩƚƦĻƩƷǤ ƌźƓĻ͵ {/ΏЍʹ ǞĻƌǝĻ ΛЊЋΜ ŅƚƚƷ ĻğƭĻƒĻƓƷ ƚƓ ƷŷĻ ƭƚǒƷŷĻğƭƷ ƭźķĻ ƚŅ ƷŷĻ ƦƩƚƦĻƩƷǤ ĬĻƷǞĻĻƓ WƚŷƓ !ķğƒƭ tğƩƉǞğǤ ğƓķ .ğĭƉŷğƓķ 5ƩźǝĻ͵ tğƩĭĻƌ /ŷğƩğĭƷĻƩźƭƷźĭƭ DĻƓĻƩğƌ \[ƚĭğƷźƚƓʹ ƓƚƩƷŷ ƚŅ WƚŷƓ !ķğƒƭ tğƩƉǞğǤͲ ĻğƭƷ ƚŅ {ƚǒƷŷ ЋЎƷŷ 9ğƭƷͲ ƭƚǒƷŷ ƚŅ ЊƭƷ {ƷƩĻĻƷͲ ǞĻƭƷ ƚŅ źĻĬƩĻğƉĻƩ 5ƩźǝĻ !ĭƩĻƭʹ ЊЌ͵ЍЋЊ ğĭƩĻƭ ƚƓźƓŭʹ t{/ \[ƚƷƭʹ Њ ƌƚƷ Ώ ƚ ğƦƦƩƚǝĻ ƷŷĻ ŷźƷĻ tźƓĻ /ŷğƩƷĻƩ {ĭŷƚƚƌ {ƷğƓķğƩķ 5ĻǝĻƌƚƦƒĻƓƷ !ŭƩĻĻƒĻƓƷ ǞźƷŷ ƩĻƨǒĻƭƷĻķ ƭƷğƓķğƩķ ķĻǝĻƌƚƦƒĻƓƷ ğŭƩĻĻƒĻƓƷ͵ aƚƷźƚƓ !ƦƦƩƚǝĻ L ƒƚǝĻ Ʒƚ ğƦƦƩƚǝĻ ƷŷĻ ŷźƷĻ tźƓĻ /ŷğƩƷĻƩ {ĭŷƚƚƌ {ƷğƓķğƩķ 5ĻǝĻƌƚƦƒĻƓƷ !ŭƩĻĻƒĻƓƷͲ ŅźƓķźƓŭ źƷ ƒĻĻƷƭ ƷŷĻ /źƷǤ ƚƩķźƓğƓĭĻ ΛźƓĭƌǒķĻ ĭƚƓķźƷźƚƓƭ ƚŅ ğƦƦƩƚǝğƌΜ͵ !ƷƷğĭŷƒĻƓƷƭʹ Њ͵ ŷźƷĻ tźƓĻ /ŷğƩƷĻƩ {ĭŷƚƚƌ {ƷğƓķğƩķ 5ĻǝĻƌƚƦƒĻƓƷ !ŭƩĻĻƒĻƓƷ Ћ͵ źƷƌĻ ЊЉ /ŷğƦƷĻƩ ЍЉ ЋЊЌЎ {ƚǒƷŷ !ƒƒƚƓ wķ͵Ͳ !ƒƒƚƓͲ Lķğŷƚ БЌЍЉЏ /źƷǤ Iğƌƌʹ ΛЋЉБΜ ЏЊЋΏЍЉЉЉ ǞǞǞ͵ĭźƷǤƚŅğƒƒƚƓ͵ǒƭ tğŭĻ ΋ Њ Ammon City Council 09.21.2023Page 31 of 68 STANDARD DEVELOPMENT AGREEMENT (CITY OF AMMON/WHITE PINE CHARTER SCHOOL EXPANSION) THIS AGREEMENT, made and entered into this 21st day of September, 2023, by and between the CITY OF AMMON, a municipal corporation, of the County of Bonneville, State of RECITALS: WHEREAS, the Developer is the sole owner, in law and/or equity, of a certain tract of land in Bonneville County, Idaho, more particularly described on Exhibit attached hereto and made 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 September 6, 2023, the White Pine Charter School amended final plat was approved by the Planning and Zoning Commission; and WHEREAS, on September 21, 2023, the White Pine Charter School amended final plat was approved by the City Council; and 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 September 21, 2023, the Mayor and City of Council of the City of Ammon, Idaho, considered the White Pine Charter School Standard Development Agreement for approval; and; WHEREAS, the City Council has agreed to accept platting of said lands subject to the following terms and conditions: IL9 tLb9 /I!w9w {/Ihh\[ 9t!b{Lhb {!b5!w5 599\[hta9b !Dw99a9b Ώ tğŭĻ Њ ƚŅ ЊЌ Ammon City Council 09.21.2023Page 32 of 68 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. rights herein, shall expire if no building permit has been issued within five (5) 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 Ordinance #200 was approved by the Ammon City Council March 6, 1986. 5.1.2. Final Plat of Eastern Idaho Commerce Center Division was approved by the Ammon City Council on June 19, 2003. 5.1.3. Amended Final Plat combining Division 3 of Eastern Idaho Commerce Center and previously unplatted ground for White Pine Charter School expansion was approved by the Ammon City Council on September 21, 2023. 5.1.4. White Pine Charter School Improvement Drawings approved by the City Engineer on ____________, 2023. 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 IL9 tLb9 /I!w9w {/Ihh\[ 9t!b{Lhb {!b5!w5 599\[hta9b !Dw99a9b Ώ tğŭĻ Ћ ƚŅ ЊЌ Ammon City Council 09.21.2023Page 33 of 68 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 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 IL9 tLb9 /I!w9w {/Ihh\[ 9t!b{Lhb {!b5!w5 599\[hta9b !Dw99a9b Ώ tğŭĻ Ќ ƚŅ ЊЌ Ammon City Council 09.21.2023Page 34 of 68 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 drawings within the development. sewer line is the general city standard. However, size of sewer line for the subject property will have to be individually established based upon the topography of the development and engineering standards, as approved by the City Engineer. Should City elect to have installed sewer line in excess of the size needed for this subject development, to accommodate development beyond the subject development, the City may agree to reimburse the Developer only for 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. N/A 6.7. That Developer will obtain easements, design and construct the water line as shown in the improvement drawings within the Development. is the general city standard. However, size of water line for the subject property will have to be individually established based upon the topography of the development and engineering standards, as approved by the City Engineer. Should the City elect to have installed water line in excess of the size needed for this subject development to accommodate development beyond the subject development, the City may agree to reimburse the Developer only for 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 water IL9 tLb9 /I!w9w {/Ihh\[ 9t!b{Lhb {!b5!w5 599\[hta9b !Dw99a9b Ώ tğŭĻ Ѝ ƚŅ ЊЌ Ammon City Council 09.21.2023Page 35 of 68 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 developers extending water lines to property. The property described herein will be serviced by the City of Ammon water system, unless specifically agreed to by both Developer and the City of Ammon. N/A 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. N/A 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 developmentto John Adams Parkway, 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 or utility improvements he intends to complete at that time. Developer agrees to make such modifications and/or construct any temporary facilities necessitated by IL9 tLb9 /I!w9w {/Ihh\[ 9t!b{Lhb {!b5!w5 599\[hta9b !Dw99a9b Ώ tğŭĻ Ў ƚŅ ЊЌ Ammon City Council 09.21.2023Page 36 of 68 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 improvements described in item 6.1. above, need to be completed, in the interest of 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. N/A 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 preliminary plat approved by the Planning and Zoning Commission and approved by the City Council and the City Engineer, as to any areas where improvements are to be commenced. 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. IL9 tLb9 /I!w9w {/Ihh\[ 9t!b{Lhb {!b5!w5 599\[hta9b !Dw99a9b Ώ tğŭĻ Џ ƚŅ ЊЌ Ammon City Council 09.21.2023Page 37 of 68 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 10-29-17 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 approval of a final plat 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, fiber ducts, fiber vaults, lighting and required landscaping, curb, gutter, sidewalks and drainage systems. N/A 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 10-29-17. This guarantee of completion shall be provided in lieu of completing all infrastructure improvements prior to issuance of building permits within a subdivision as required in the City of Ammon. N/A IL9 tLb9 /I!w9w {/Ihh\[ 9t!b{Lhb {!b5!w5 599\[hta9b !Dw99a9b Ώ tğŭĻ А ƚŅ ЊЌ Ammon City Council 09.21.2023Page 38 of 68 6.24. That when arterial roadway or infrastructure is required as part of a preliminary 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. N/A 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. N/A 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 Sewer District (EIRSD) or Iona Bonneville Sewer District (IBSD) for approval to service the wastewater requirements of the subdivision. That Developer agrees to pay the EIRSD/IBSD fee as constituted by EIRSD/IBSD prior to the time of the building permit application. Developer shall provide proof of payment to the City. Developer acknowledges that the City of Ammon cannot guarantee sewer capacity will be sufficient for the development and cannot award capacity on behalf of EIRSD/IBSD. Developer acknowledges that EIRSD/IBSD provides wastewater treatment for this development and that the City of Ammon provides no representation to the Developer, by the signing of this agreement or otherwise, as to the availability of wastewater treatment. City shall not issue building permits until EIRSD/IBSD provides written verification that the development can be served for wastewater treatment. All other requirements necessary for the issuance of building permits, as required by the city, must also be met. 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. IL9 tLb9 /I!w9w {/Ihh\[ 9t!b{Lhb {!b5!w5 599\[hta9b !Dw99a9b Ώ tğŭĻ Б ƚŅ ЊЌ Ammon City Council 09.21.2023Page 39 of 68 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. 6.32. City shall, upon notification that the fiber duct has been installed, schedule installation of fiber and any other related equipment and infrastructure. 6.33. Developer shall pay the amount, as provided in the current City of Ammon Fee Resolution at the time of the issuance of the building permit, per residential unit to be dedicated to parks and open space improvements within the general vicinity of the proposed development. All of the Parks Contribution Fees for the entire development shall be paid prior to issuance of any building permit. 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: Building permit shall be issued within three (3) years of the Effective Date of the Conditional Rezone Agreement 7.2. SC-2: John Adams Parkway from 25th East to White Pine Charter School will require City Council approval of a Bid Award a contract for construction shall be awarded, either by the Developer or other entity, prior to the issuance of a building permit. The construction shall be completed before the issuance of a Certificate of Occupancy. 7.3. SC-3: Sixty (60) feet Right-of-Way for Backhand Drive along the north property line and east property line must be deeded to the city before the issuance of a building permit, to allow for Backhand Road to continue west and connect to a road running north/south along the east property line. 7.4. SC-4: Twelve (12) foot easement on the southeast side of the property between John Adams Parkway and Backhand Drive. 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. 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, IL9 tLb9 /I!w9w {/Ihh\[ 9t!b{Lhb {!b5!w5 599\[hta9b !Dw99a9b Ώ tğŭĻ В ƚŅ ЊЌ Ammon City Council 09.21.2023Page 40 of 68 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: East Idaho Commerce Center Attn: Robert Suitter 705 Matchpoint Drive Ammon, Idaho 83406 Developer: White Pine Charter School ATTN: Ron Cote 2959 John Adams Parkway Ammon, Idaho 83406 (208) 522-4432 Phone 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. The City shall record this document, including all of the Exhibits, and submit proof of such recording to the Developer. This agreement must be signed within thirty (30) days of City approval. Failure to sign within thirty (30) days will result in this entire agreement being null and void. 8.7. No Precedent. Approval of the Standard Development Agreement shall not be considered a binding precedent for the issuance of other development agreements. The Standard 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. IL9 tLb9 /I!w9w {/Ihh\[ 9t!b{Lhb {!b5!w5 599\[hta9b !Dw99a9b Ώ tğŭĻ ЊЉ ƚŅ ЊЌ Ammon City Council 09.21.2023Page 41 of 68 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 OWNER By: By: Sean Coletti, Mayor Robert Suitter, Owner DEVELOPER By: Ron Cote, White Pine Charter School, Inc ATTEST: Kristina Buchan, City Clerk STATE OF IDAHO County of Bonneville On this day of , 2023 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: IL9 tLb9 /I!w9w {/Ihh\[ 9t!b{Lhb {!b5!w5 599\[hta9b !Dw99a9b Ώ tğŭĻ ЊЊ ƚŅ ЊЌ Ammon City Council 09.21.2023Page 42 of 68 STATE OF IDAHO County of Bonneville On this day of , 2023 before me the undersigned, a Notary Public in and for said State, personally appeared Robert Suitter, 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: STATE OF IDAHO County of Bonneville On this day of , 2023 before me the undersigned, a Notary Public in and for said State, personally appeared Ron Cote, 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: IL9 tLb9 /I!w9w {/Ihh\[ 9t!b{Lhb {!b5!w5 599\[hta9b !Dw99a9b Ώ tğŭĻ ЊЋ ƚŅ ЊЌ Ammon City Council 09.21.2023Page 43 of 68 EXHIBIT A TO DEVELOPMENT AGREEMENT LEGAL DESCRIPTION PART OF SECTION 22, T2N, R38E OF THE BOISE MERIDIAN, BONNEVILLE COUNTY, IDAHO, DESCRIBED AS FOLLOWS: 1160.35 FEET ALONG THE NORTH SOUTH CENTER LINE OF SAID SECTION 22 TO THE NORTH LINE OF BACKHAND DRIVE EXTENDED AND THE POINT OF BEGINNING; THENCE SOUTH EAST 24.48 FEET ALONG THE NORTH LINE OF BACKHAND DRIVE EXTENDED;THENCE SOUTH EAST 60.00 FEET ALONG THE WEST LINE OF BACKHAND DRIVE AS SHOWN ON THE PLAT OF TIE THENCE SOUTH EAST 159.26 FEET; THENCE SOUTH EAST 234.5 FEET; THENCE NORTH WESTERLY ALONG THE JOHN ADAMS PARKWAY NORTH RIGHT OF WAY LINE 237.04 FEET WITH A RADIUS OF 500.00 FEET SAID CURVE BEING SUBTENDED BY A CHORD BEARING NORTH WEST 234.82 FEET; THENCE SOUTH WEST 11.07 FEET ALONG THE NORTH RIGHT OF WAY LINE OF JOHN ADAMS PARKWAY; THENCE NORTHWESTERLY ALONG A CURVE 146.26 FEET WITH A RADIUS OF 510.00 FEET SUBTENDED BY A CHORD BEARING NORTH WEST 145.76 FEET TO A REVERSE CURVE; THENCE ALONG SAID REVERSE CURVE BEING THE NORTH RIGHT OF WAY LINE OF JOHN ADAMS PARKWAY, 289.82 FEET WITH A RADIUS OF 570.00 FEET SUBTENDED BY A CHORD BEARING NORTH WEST 286.70 FEET; THENCE NORTH 214.44 PARALLEL WITH THE NORTH SOUTH CENTER LINE OF SECTION 22; THENCE SOUTH EAST 356.70 FEET TO THE POINT OF BEGINNING. CONTAINING 7.00 ACRES EXHIBIT B TO DEVELOPMENT AGREEMENT BMPO ACCESS MANAGEMENT PLAN JULY 2012 IL9 tLb9 /I!w9w {/Ihh\[ 9t!b{Lhb {!b5!w5 599\[hta9b !Dw99a9b Ώ tğŭĻ ЊЌ ƚŅ ЊЌ Ammon City Council 09.21.2023Page 44 of 68 CHAPTER 40 DEVELOPMENT AGREEMENTS SECTION: 10-40-1: Applicability 10-40-2: Classes of Development Agreements 10-40-3: Limitations 10-40-4: Application Procedures 10-40-1: APPLICIBILITY: At its sole discretion, the City Council may require conditions in a Development Agreement specific to the land use request that exceeds or supplements the underlying zoning requirements. Any restrictions or conditions required by the City Council are intended to maintain and enhance the public health, safety, and general welfare of current and future residents of the community and to ensure the financial stability of the City of Ammon to carry out all required public services for the new development while not compromising City of Ammon infrastructure and the level of service to existing residents and businesses. 10-40-2: CLASSES OF DEVELOPMENT AGREEMENTS: The following two classes of development agreements may be utilized to make a contractual commitment concerning the use or development of a subject parcel. Both classes are referred to as Development Agreements but have different statutory requirements. 1. Standard Development Agreement (SDA). As a condition of approval for any land use decision or land use activity, with the exception of rezone applications, the City Council may require the applicant to enter into a Standard Development Agreement with the City of Ammon. A request to enter into a Standard Development Agreement for a subject property may be submitted by the applicant or required by the Commission, the City Council, or by the City Administrator, including the Planning and Zoning Director, or City Engineer, at any time prior to final approval. A Standard Development Agreement is a binding contract between the City of Ammon and the owner or developer of a property. Failure of the developer or land owner to comply with the terms of the Standard Development Agreement will result in immediate issuance of stop orders for the development and in the immediate prohibition in the issuance of any additional building permits or certificates of occupancy. Said Standard Development Agreement may include various special conditions specific to the development. Public notice or public hearing is not required for adoption or modification of a Standard Development Agreement unless otherwise required by law. 2. Conditional Rezone Agreement (CRA). Conditional Rezone Agreements are subject to Idaho Code Section 67-6511A. Pursuant to Idaho Code Section 67-6511, the City Council may require a Conditional Rezone Agreement as a condition of rezoning any property. A request to enter into a Conditional Rezone Agreement for the subject property may be submitted by the applicant or required by the Commission, the City Council, or the Administrator, including the Planning and Zoning Director, or City Page | 1 DEVELOPMENT AGREEMENTS 04-21-2022 Ammon City Council 09.21.2023Page 45 of 68 Engineer, at any time prior to final approval of the rezone. A Conditional Rezone Agreement is a contract between the City of Ammon and the owner or developer of a property within the City of Ammon. Failure of the developer or land owner to comply with the terms of the Conditional Rezone Agreement will result in immediate revocation of the rezone and in the issuance of stop orders for the development and in the immediate prohibition in the issuance of any additional building permits or certificates of occupancy. Notice is required for all Conditional Rezone Agreements, pursuant to Idaho Code 67-6511A. 10-40-3: LIMITATIONS: 1. Subject to Underlying Zoning. A development agreement shall not be used to waive, reduce, relax, or otherwise minimize any underlying zoning restrictions that are required by ordinance. The proposed use shall meet all land-use requirements of the underlying zoning district in addition to any Standard Development Agreement or Conditional Rezone Agreement with any special conditions thereto. Any discretionary conditions as applied shall be in addition to the zone's minimum requirements. 2. Subsequent Actions. A Standard Development Agreement or a Conditional Rezone Agreement shall not prevent the city, in subsequent actions applicable to the property, from applying new standards, regulations, or policies that do not conflict with commitments applicable to the property as set forth within a duly executed agreement. 3. Encumbrance. The property owner(s), co-property owner(s), developer(s), agent(s) of property owner or developer, assignee(s) of property owner(s) or developer(s) and all subsequent property owners or developers of the real property that is encumbered by any class of Development Agreement shall comply with all conditions, terms, obligations, and duties contained in said agreement. Failure to comply shall result in immediate revocation of the rezone and in the issuance of stop orders for the development and in the immediate prohibition in the issuance of any additional building permits or certificates of occupancy. 4. Modification and Termination. Any class of Development Agreements may be amended at the discretion of the City Council. All classes of Development Agreements may be conditioned to expire after a prescribed time limit authorized by the City Council. 10-40-4: APPLICATION PROCEDURES: A request for any class of Development Agreement must be filed with the City of Ammon on the official form as provided by the Administrator. All items as identified on the official application form must be submitted. After reviewing the application, the Administrator shall determine whether the application is complete. After the application is deemed complete, the Administrator shall process the application as required by city ordinance or State Code, whichever applies. Page | 2 DEVELOPMENT AGREEMENTS 04-21-2022 Ammon City Council 09.21.2023Page 46 of 68 !ƒƒƚƓ /źƷǤ /ƚǒƓĭźƌ aĻĻƷźƓŭ {ĻƦƷĻƒĬĻƩ ЋЊͲ ЋЉЋЌ ağǤƚƩ /ƚƌĻƷƷź ğƓķ !ƒƒƚƓ /źƷǤ /ƚǒƓĭźƌ aĻƒĬĻƩƭʹ WƚŷƓƭƷƚƓ CğƩƒƭ !ƓƓĻǣğƷźƚƓ !ŭƩĻĻƒĻƓƷ {ƷğŅŅ tƩĻƭĻƓƷźƓŭʹ /źƓķǤ 5ƚƓƚǝğƓ tƌğƓƓźƓŭ 5źƩĻĭƷƚƩ /ƚƒƦƌźğƓĭĻ Ώ ŷźƭ ğƦƦƌźĭğƷźƚƓ źƭ źƓ ĭƚƒƦƌźğƓĭĻ ǞźƷŷ ЊЊΏЊΏА {ǒĬƒźƷƷğƌ wĻƨǒźƩĻƒĻƓƷƭ ŅƚƩ !ƓƓĻǣğƷźƚƓƭ \[Ļƭƭ ŷğƓ ĻƓ ΛЊЉΜ !ĭƩĻƭ Ώ ŷźƭ ğĭƷźƚƓ źƭ źƓ ĭƚƒƦƌźğƓĭĻ ǞźƷŷ ƷŷĻ /ƚƒƦƩĻŷĻƓƭźǝĻ tƌğƓ ğƓķ źƷƌĻ ЊЉͲ /ŷğƦƷĻƩ Ѝ Ώ ŷźƭ ğĭƷźƚƓ źƭ ƓƚƷ źƓ ĭƚƒƦƌźğƓĭĻ ǞźƷŷ ƷŷĻ /ƚƒƦƩĻŷĻƓƭźǝĻ tƌğƓ \[ğƓķ ƭĻ ağƦ͵ IƚǞĻǝĻƩͲ ƷŷĻǤ ŷğǝĻ ƩĻƨǒĻƭƷĻķ ğƓ ğƒĻƓķƒĻƓƷ Ʒƚ ƷŷĻ ƒğƦ͵ /ƚǒƓĭźƌ /ƩźƷĻƩźğ ŅƚƩ 5ĻĭźƭźƚƓʹ {ĻĭƷźƚƓ ЊЊΏЊΏЊЊ Њ͵ /ƚƒƦƩĻŷĻƓƭźǝĻ tƌğƓ Ћ͵ ŷĻƷŷĻƩ ƷŷĻ ƦƩƚƦƚƭĻķ ğƓƓĻǣğƷźƚƓ ƦƩƚƷĻĭƷƭ ğƓķ źƒƦƩƚǝĻƭ ƷŷĻ ƦǒĬƌźĭ ŷĻğƌƷŷͲ ƭğŅĻƷǤͲ ğƓķ ǞĻƌŅğƩĻ Ќ͵ ŷĻƷŷĻƩ ƷŷĻ ƦƩƚƦƚƭĻķ ğƓƓĻǣğƷźƚƓ Ǟźƌƌ ŷğǝĻ ğ ƓĻŭğƷźǝĻ Ņźƭĭğƌ źƒƦğĭƷ ǒƦƚƓ ƷŷĻ ĻǣźƭƷźƓŭ ĭźƷźǩĻƓƭ ƚŅ Ѝ͵ LŅ ƷŷĻ ğƦƦƌźĭğƷźƚƓ źƭ źƓ ŭĻƓĻƩğƌ ĭƚƒƦƌźğƓĭĻ ǞźƷŷ ƷŷĻ /ƚƒƦƩĻŷĻƓƭźǝĻ tƌğƓͲ ƷŷĻ /ƚǒƓĭźƌ ƭŷğƌƌ ĭƚƓƭźķĻƩ ƷŷĻ ğƦƦƌźĭğƷźƚƓ ŅƚƩ ğ ǩƚƓźƓŭ ĭƌğƭƭźŅźĭğƷźƚƓ ğƓķ ĭƚƓƭźķĻƩ ğƓǤ ğƓķ ğƌƌ ŅğĭƷƚƩƭ źƷ ķĻĻƒƭ źƒƦƚƩƷğƓƷ Ʒƚ ķĻƷĻƩƒźƓĻ ǞŷĻƷŷĻƩ ğƓ ğƦƦƌźĭğƷźƚƓ ŅƚƩ ğƓƓĻǣğƷźƚƓ ƭŷğƌƌ ĬĻ ŭƩğƓƷĻķ ƚƩ ķĻƓźĻķ͵ {ǒƒƒğƩǤ ƚŅ !ƓğƌǤƭźƭ Њ͵ !ƓƓĻǣğƷźƚƓ !ŭƩĻĻƒĻƓƷ ĭƚƓƷğźƓƭ ƷŷĻ ŅƚƌƌƚǞźƓŭ {ƦĻĭźğƌ /ƚƓķźƷźƚƓƭʹ Ʒŷ {/ΏЊʹ 5ĻǝĻƌƚƦĻƩ Ǟźƌƌ źƒƦƩƚǝĻ ƷŷĻ ĻƓƷźƩĻƷǤ ƚŅ ĬƚƷŷ ƭźķĻƭ ƚŅ ЊА {ƷƩĻĻƷ źƓĭƌǒķźƓŭ ğƌƌ ƌğƓĻƭ ğƭ ƩĻƨǒźƩĻķ ĬǤ ƷŷĻ /źƷǤ 9ƓŭźƓĻĻƩ ğƌƚƓŭ ŷźƭ ĻƓƷźƩĻ ŅƩƚƓƷğŭĻͲ Ǟŷźĭŷ ƭŷğƌƌ ğƌƭƚ źƓĭƌǒķĻ ƩƚğķǞğǤ ƦğǝźƓŭͲ ƭźķĻǞğƌƉƭͲ ĭǒƩĬ ğƓķ ŭǒƷƷĻƩ źƓ ĭƚƒƦƌźğƓĭĻ ǞźƷŷ ƷŷĻ ĭǒƩƩĻƓƷ ƭƷğƓķğƩķƭ ğƓķ ƭƦĻĭźŅźĭğƷźƚƓƭ ƚŅ ƷŷĻ /źƷǤ ƚŅ !ƒƒƚƓͲ ƦƩźƚƩ Ʒƚ ƷŷĻ źƭƭǒğƓĭĻ ƚŅ ğ ĬǒźƌķźƓŭ ƦĻƩƒźƷ͵ {/ΏЋʹ 5ĻǝĻƌƚƦĻƩ ƭŷğƌƌ ƦƩƚǝźķĻ ƭƷǒĬ Ʃƚğķ ŅƚƩ ŅǒƷǒƩĻ ĭƚƓƓĻĭƷźƚƓ Ʒƚ DƩĻĻƓŅźĻƌķ 5ƩźǝĻ͵ {/ΏЌʹ 5ĻǝĻƌƚƦĻƩ ƭŷğƌƌ ƦğǤ tğƩƉƭ /ƚƓƷƩźĬǒƷźƚƓ CĻĻ Ʒƚ ĬĻ ķĻķźĭğƷĻķ Ʒƚ ƦğƩƉƭ ğƓķ ƚƦĻƓ ƭƦğĭĻ źƒƦƩƚǝĻƒĻƓƷƭ ǞźƷŷźƓ ƷŷĻ ŭĻƓĻƩğƌ ǝźĭźƓźƷǤ ƚŅ ƷŷĻ ƦƩƚƦƚƭĻķ ķĻǝĻƌƚƦƒĻƓƷ͵ ŷźƭ ŅĻĻ ƭŷğƌƌ ĬĻ ƷŷĻ ğƒƚǒƓƷ ğƭ ƩĻƨǒźƩĻķ ĬǤ ƷŷĻ /źƷǤ ƚŅ !ƒƒƚƓ CĻĻ wĻƭƚƌǒƷźƚƓ źƓ ĻŅŅĻĭƷ ğƷ ƷŷĻ ƷźƒĻ ƚŅ ƷŷĻ źƭƭǒğƓĭĻ ƚŅ ƷŷĻ ĬǒźƌķźƓŭ ƦĻƩƒźƷ͵ !ƌƌ ƚŅ ƷŷĻ tğƩƉƭ /ƚƓƷƩźĬǒƷźƚƓ CĻĻƭ ŅƚƩ ƷŷĻ ĻƓƷźƩĻ ķĻǝĻƌƚƦƒĻƓƷ ƭŷğƌƌ ĬĻ Ʀğźķ ƦƩźƚƩ Ʒƚ źƭƭǒğƓĭĻ ƚŅ ğƓǤ ĬǒźƌķźƓŭ ƦĻƩƒźƷ͵ {/ΏЍʹ 5ĻǝĻƌƚƦĻƩ ƭŷğƌƌ źƓƭƷğƌƌ ğ ƒźƓźƒǒƒ ĻźŭŷƷ ΛБΜ ŅƚƚƷ ŷźŭŷ ƭźƷĻ ƚĬƭĭǒƩźƓŭ ŅĻƓĭĻ ğƌƚƓŭ ƷŷĻ ĻğƭƷ ğƓķ ƭƚǒƷŷ ƦƩƚƦĻƩƷǤ ƌźƓĻƭ ğķƆğĭĻƓƷ Ʒƚ ƷŷĻ wt ǩƚƓĻķ ƦƩƚƦĻƩƷźĻƭ͵ ЋЊЌЎ {ƚǒƷŷ !ƒƒƚƓ wķ͵Ͳ !ƒƒƚƓͲ Lķğŷƚ БЌЍЉЏ /źƷǤ Iğƌƌʹ ΛЋЉБΜ ЏЊЋΏЍЉЉЉ ǞǞǞ͵ĭźƷǤƚŅğƒƒƚƓ͵ǒƭ tğŭĻ ΋ Њ Ammon City Council 09.21.2023Page 47 of 68 {/ΏЎʹ 5ĻǝĻƌƚƦĻƩ ƭŷğƌƌ źƓƭƷğƌƌ ğ ƭźǣ ΛЏΜ ŅƚƚƷ ŷźŭŷ ƭźƷĻ ƚĬƭĭǒƩźƓŭ ŅĻƓĭĻ Ʒƚ ƒğƷĭŷ ƷŷĻ ŅĻƓĭĻ ƚƓ ƷŷĻ ƓƚƩƷŷ ƭźķĻ ƚŅ ЊАƷŷ {ƷƩĻĻƷ ğƌƚƓŭ ƷŷĻ ƓƚƩƷŷ ƭźķĻ ƚŅ ƦƩƚƦĻƩƷźĻƭ ƷŷğƷ ĬğĭƉ ǒƦ Ʒƚ ЊАƷŷ {ƷƩĻĻƷ͵ {/ΏЏʹ 5ĻǝĻƌƚƦĻƩ ƭŷğƌƌ źƓƭƷğƌƌ ğ ƭźķĻǞğƌƉ ǞźƷŷźƓ ƷŷĻ ƩźŭŷƷΏƚŅΏǞğǤ Ʒƚ ĭƚƓƓĻĭƷ ƷŷĻ Ʒŷ ķĻǝĻƌƚƦƒĻƓƷ Ʒƚ ƷŷĻ ĻǣźƭƷźƓŭ ƭźķĻǞğƌƉ Ʒƚ ƷŷĻ ǞĻƭƷͲ ƓĻğƩ ƷŷĻ źƓƷĻƩƭĻĭƷźƚƓ ƚŅ ЊА {ƷƩĻĻƷ ğƓķ !ƒƒƚƓ wƚğķ͵ {/ΏАʹ 5ĻǝĻƌƚƦĻƩ ƭŷğƌƌ ƦğǤ \[ğǞ 9ƓŅƚƩĭĻƒĻƓƷ /ƚƓƷƩźĬǒƷźƚƓ CĻĻͳ Ʒŷźƭ ŅĻĻ ƭŷğƌƌ ĬĻ ƷŷĻ ğƒƚǒƓƷ ğƭ ƩĻƨǒźƩĻķ ĬǤ ƷŷĻ /źƷǤ ƚŅ !ƒƒƚƓ CĻĻ wĻƭƚƌǒƷźƚƓ źƓ ĻŅŅĻĭƷ ğƷ ƷŷĻ ƷźƒĻ ƚŅ ƷŷĻ źƭƭǒğƓĭĻ ƚŅ ƷŷĻ ĬǒźƌķźƓŭ ƦĻƩƒźƷ͵ {/ΏБʹ 5ĻǝĻƌƚƦĻƩ ƭŷğƌƌ ƦƩƚǝźķĻ DƩƚǒƓķǞğƷĻƩ wźŭŷƷƭ źƓ ƚƓĻ ƚŅ ƷŷĻ ŅƚƌƌƚǞźƓŭ ǞğǤƭ ǞźƷŷźƓ ƷŷźƩƷǤ ΛЌЉΜ ķğǤ ƚŅ ĭƌƚƭźƓŭ ĬǒƷ Ɠƚ ƌğƷĻƩ ƷŷğƓ WğƓǒğƩǤ ЊͲ ЋЉЋЍʹ ź͵ hƦƷźƚƓ Њʹ 5ĻĻķ Ʒƚ ƷŷĻ /źƷǤ ƚŅ !ƒƒƚƓ ğĭĭĻƦƷğĬƌĻ ŭƩƚǒƓķǞğƷĻƩ ƩźŭŷƷƭ ĻƨǒźǝğƌĻƓƷ Ʒƚ Љ͵ЋЌ /C{ ΛβЊЊ͵Ў ğĭƩĻƭΜ źź͵ hƦƷźƚƓ Ћʹ tğǤ /źƷǤ ƚŅ !ƒƒƚƓ ğ ŅĻĻ źƓΏƌźĻǒ ƚŅ ŭƩƚǒƓķǞğƷĻƩ ƩźŭŷƷƭ ƚŅ ğƦƦƩƚǣźƒğƷĻƌǤ υБЉͲЎЉЉ ΛƷŷźƭ ğƒƚǒƓƷ źƭ ƭǒĬƆĻĭƷ Ʒƚ ĭŷğƓŭĻ ĬğƭĻķ ƚƓ ƒğƩƉĻƷ ĭƚƓķźƷźƚƓƭΜ tğƩĭĻƌ /ŷğƩğĭƷĻƩźƭƷźĭƭ Ώ DĻƓĻƩğƌ \[ƚĭğƷźƚƓʹ ƓƚƩƷŷ ƚŅ ağƩƌĻƓĻ {ƷƩĻĻƷͲ ĻğƭƷ ƚŅ !ƒƒƚƓ wƚğķͲ ƭƚǒƷŷ ƚŅ ЊАƷŷ {ƷƩĻĻƷͲ ğƓķ ǞĻƭƷ ƚŅ wƚƭƭ !ǝĻƓǒĻ Ώ !ĭƩĻƭʹ А͵ЊББ ğĭƩĻƭ Ώ wĻƨǒĻƭƷĻķ ƚƓźƓŭʹ wΏЊ aƚƷźƚƓ !ƦƦƩƚǝĻ L ƒƚǝĻ Ʒƚ ğƦƦƩƚǝĻ ƷŷĻ WƚŷƓƭƷƚƓ CğƩƒƭ !ƓƓĻǣğƷźƚƓ !ŭƩĻĻƒĻƓƷͲ ŅźƓķźƓŭ źƷ źƭ źƓ ĭƚƒƦƌźğƓĭĻ ǞźƷŷ ƷŷĻ /ƚƒƦƩĻŷĻƓƭźǝĻ tƌğƓ ğƓķ ƒĻĻƷƭ ƷŷĻ /źƷǤ ƚƩķźƓğƓĭĻ͵ !ƷƷğĭŷƒĻƓƷƭʹ Њ͵ 5ƩğŅƷ !ƓƓĻǣğƷźƚƓ !ŭƩĻĻƒĻƓƷ ЋЊЌЎ {ƚǒƷŷ !ƒƒƚƓ wķ͵Ͳ !ƒƒƚƓͲ Lķğŷƚ БЌЍЉЏ /źƷǤ Iğƌƌʹ ΛЋЉБΜ ЏЊЋΏЍЉЉЉ ǞǞǞ͵ĭźƷǤƚŅğƒƒƚƓ͵ǒƭ tğŭĻ ΋ Ћ Ammon City Council 09.21.2023Page 48 of 68 CITY OF AMMON ANNEXATION AGREEMENT JOHNSTON FARMS SUBDIVISION AN ADDITION TO THE CITY OF AMMON Please place instrument sticker below. THIS AGREEMENT, made and entered into this 21st day of September, 2023, by and between the CITY OF AMMON, a municipal corporation, of the County of Bonneville, State of Hamlet Homes, a Utah Corporation, WITNESSETH: WHEREAS, the Developer is the sole owner, in law and/or equity, of a certain tract of and made 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 and annexed to said City and has committed to the City to plat said property and to be approved by the Planning and Zoning Commission and the City Engineer of the City, and WHEREAS, the City Engineer has recommended to the City Council of the City that such annexation be accepted subject to certain requirements and obligations on the part of the Developer; and; WHEREAS, the City Council has agreed to accept and annex said lands to the City subject to the following terms and conditions: NOW THEREFORE, it is hereby agreed as follows: AGREEMENT 1. INCORPORATION OF RECITALS. The Recitals set forth above are hereby incorporated into and made an integral part of this Agreement. JOHNSTON FARMS ANNEXATION AGREEMENT - Page 1 of 13 09/07/2023 Ammon City Council 09.21.2023Page 49 of 68 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. Except as provided otherwise in this Agreement, annexation 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: 5.1.1. Plan review fees and inspection fees; 5.1.2. Amendments to building, plumbing, fire and other construction codes; 5.1.3. 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, fiber duct, fiber vaults, 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. Developer shall comply with all state, federal, EPA, DEQ, and other applicable statutes, rules and regulations. 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 JOHNSTON FARMS ANNEXATION AGREEMENT - Page 2 of 13 09/07/2023 Ammon City Council 09.21.2023Page 50 of 68 request in writing to the City of Ammon City Engineer for final acceptance of all said improvements. 6.2. That Developer, shall, at his or their own expense, construct and install all sanitary sewers, storm drains, pumping stations, water lines and appurtenances, installation of required fiber duct, fiber vaults, fire hydrants, curbs and gutters, sidewalks, landscaping, off-street parking, cross drains, streets, street surfacing, street lights, street and regulatory signs, and/or other needed street or utility improvements as shown on the improvement plans. The Developer will phase the construction of roads and utilities as shown on the development drawings. Acceptance by the City, will be given on each phase, only after satisfactory completion. 6.3. That Developer, its successors or assigns will, at his or their own expense, construct and install all 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. Dedication and acceptance of retention ponds will be given by the City, only after satisfactory completion of retention ponds including landscaping and sprinkling. Additional improvements may be required by development agreement on a case-by-case basis. 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 over the number shown on the plat. 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 drawings within the development sewer line is the general city standard. However, size of sewer line for the subject property will have to be individually established based upon the topography of the development and engineering standards, as approved by the City Engineer. Should City elect to have installed sewer line in excess of the size needed for this subject development to accommodate development beyond the subject development, the City may agree to reimburse the Developer only for 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 either one year from date of the execution of this Annexation Agreement or upon written acceptance of said lines, whichever shall later occur. 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 JOHNSTON FARMS ANNEXATION AGREEMENT - Page 3 of 13 09/07/2023 Ammon City Council 09.21.2023Page 51 of 68 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 Development. is the general city standard. However, size of water line for the subject property will have to be individually established based upon the topography of the development and engineering standards, as approved by the City Engineer. Should City elect to have installed water line in excess of the size needed for this subject development to accommodate development beyond the subject development, the City may agree to reimburse the Developer only for 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 water line in writing in advance of said project going forward. Reimbursement shall occur either one year from date of the execution of this Annexation Agreement or upon written acceptance of said lines, whichever shall later occur. That the Developer shall be responsible for extending City water lines to said development through adjacent property if water is required prior to adjacent developers . The property described herein will be serviced by the City of Ammon water system, unless specifically agreed to by both Developer and the City of Ammon. Developer shall reimburse the City of Ammon the entire cost for water modeling associated with the development described herein. Developer shall reimburse the same within ten days of receipt of said bill from the City of Ammon. 6.8. That Developer will reimburse the City for all costs associated with checking and approval of subdivision plats and improvement drawings. 6.9. That Developer shall prepare, execute, and record protective covenants that are not in variance with the zoning established by the City. 6.10. That Developer shall construct and install all 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. 6.11. As consideration of this annexation, Developer agrees to dedicate such right of way area to the City as needed for future development of rights of way adjacent to said annexation and existing roadways which shall be constructed at a future time. Dedication shall occur at the time of final plat or at such time as the City in its sole discretion requests dedication in contemplation of roadway and/or infrastructure improvements. A separate legal description for the required right of way preservation shall be provided as part of this agreement an JOHNSTON FARMS ANNEXATION AGREEMENT - Page 4 of 13 09/07/2023 Ammon City Council 09.21.2023Page 52 of 68 Right of way dedication will be determined by the City Engineer using the most current version of the Bonneville Metropolitan Planning Organization (BMPO) Access Management Plan at the time of development. 6.12. Developer agrees that at time of platting and development of adjacent lands, dedicated right of way shall be improved to the standards of the City and after construction said improvements shall be dedicated to the City pending acceptance by the City of improvements. Developer shall improve all roadways adjacent to said development and interior rights of way including but not limited to curb, gutter, sidewalk and asphalt to the standards of the City of Ammon and in a width reasonably determined by the City or shall escrow funds with the City of Ammon for the estimated cost of said improvements. Said improvements shall be completed/escrowed prior to the issuance of any building permits within any plat within said development. 6.13. 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, fiber duct, fiber vaults, 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 paragraph 6.4. above, provided such improvements are constructed by Developer. 6.14. 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 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. 6.15. 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. 6.16. 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 improvements described in paragraph 6.1. above, need to be completed, in the interest of 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 JOHNSTON FARMS ANNEXATION AGREEMENT - Page 5 of 13 09/07/2023 Ammon City Council 09.21.2023Page 53 of 68 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 Annexation Agreement and in the site plan, this Annexation Agreement shall, upon recording this Annexation Agreement, constitute a lien against all property in said Development other than those portions for which an occupancy permit has been issued. 6.17. 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. 6.18. 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. 6.19. That Developer shall reimburse City for all past and future costs of publications relative to this annexation until the development is completed in full. Said costs shall include but are not limited to publication costs for notices of public hearings for annexation and zoning changes, ordinance publication costs for annexation and public hearings, etc. as required by the currently existing Fee Resolution. 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 10-29-17 shall be provided prior to issuance of building permits within JOHNSTON FARMS ANNEXATION AGREEMENT - Page 6 of 13 09/07/2023 Ammon City Council 09.21.2023Page 54 of 68 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 annexation. 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, fiber duct, fiber vaults, 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 10-29-17. This guarantee of completion shall be provided in lieu of completing all infrastructure 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 preliminary 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, prior to the recording of any final plat related to property within this annexation. 6.26. Developer recognizes that this agreement shall serve as authorization for a lighting district to be formed at the time of approval of the first recorded plat. Said lighting district shall include all property within this annexation. Said district shall include all public street/security lighting required for public roadway lighting of the roadways 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. EXCEPTION: The lighting of designated arterial roadways shall not be included within said lighting district. JOHNSTON FARMS ANNEXATION AGREEMENT - Page 7 of 13 09/07/2023 Ammon City Council 09.21.2023Page 55 of 68 6.27. If a traffic study is determined to be needed by the City Engineer, the Developer shall be required to perform the study prior to the approval of a preliminary plat. In the event a traffic study finds impact to roadways that would require improvements to roadways as a result of any plat related to the property described within this agreement; the developer shall pay the cost of said improvements. 6.1. That Developer shall have annexed the property into the Iona Bonneville Sewer District (IBSD), to service the wastewater requirements of the subdivision. That Developer agrees to pay the IBSD fee as constituted by IBSD at the time of Final Plat recording to the applicable sewer district. Developer acknowledges that the City of Ammon cannot guarantee sewer capacity will be sufficient for the development and cannot award capacity on behalf of IBSD. Developer acknowledges that IBSD provides wastewater treatment for this development and that the City of Ammon provides no representation to the Developer, by the signing of this agreement or otherwise, as to the availability of wastewater treatment. 7. SPECIAL CONDITIONS: That this Annexation 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 will improve the entirety of both sides of 17th Street including all lanes as required by the City Engineer along his entire frontage, which shall also include roadway paving, sidewalks, curb and gutter in compliance with the current standards and specifications of the City of Ammon, prior to the issuance of a building permit. 7.2. SC-2: Developer shall provide stub road for future connection to Greenfield Drive. 7.3. SC-3: Developer shall pay Parks Contribution Fee to be dedicated to parks and open space improvements within the general vicinity of the proposed development. This fee shall be the amount as required by the City of Ammon Fee Resolution in effect at the time of the issuance of the building permit. All of the Parks Contribution Fees for the entire development shall be paid prior to issuance of any building permit. 7.4. SC-4: Developer shall install an eight (8) foot high site obscuring fence along the east and south property lines adjacent to the RP zoned properties. 7.5. SC-5: Developer shall install a six (6) foot high site obscuring fence to match the fence on the north side of 17th Street along the north side of properties that back up to 17th Street. 7.6. SC-6: Developer shall install a sidewalk within the right-of-way to connect the development to the existing sidewalk to the west, near the intersection of 17th Street and Ammon Road. 7.7. SC-7: Developer shall pay Law Enforcement Contribution Fee; this fee shall be the amount as required by the City of Ammon Fee Resolution in effect at the time of the issuance of the building permit. 7.8. SC-8: Developer shall provide Groundwater Rights in one of the following ways within thirty (30) day of closing but no later than July 1, 2024: 7.8.1. Option 1: Deed to the City of Ammon acceptable groundwater rights equivalent to 0.23 CFS (~11.5 acres) JOHNSTON FARMS ANNEXATION AGREEMENT - Page 8 of 13 09/07/2023 Ammon City Council 09.21.2023Page 56 of 68 7.8.2. Option 2: Pay City of Ammon a fee in-lieu of groundwater rights of approximately $80,500 (this amount is subject to change based on market conditions) 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. 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: Laird L Johnston and Barbara A Johnston ATTN: Kathy Johnson 3700 East 17th Street Ammon, ID 83406 Developer: Hamlet Homes ATTN: Jon Southern 84 West 4800 South, Suite 200 Murray, UT 84107 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. JOHNSTON FARMS ANNEXATION AGREEMENT - Page 9 of 13 09/07/2023 Ammon City Council 09.21.2023Page 57 of 68 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. The City shall record this document, including all of the Exhibits, and submit proof of such recording to the Developer. This agreement must be signed within thirty (30) days of City approval. Failure to sign within thirty (30) days will result in this entire agreement being null and void. 8.7. No Precedent. Approval of the Standard Development Agreement shall not be considered a binding precedent for the issuance of other development agreements. The Standard 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. 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. 8.11. Certification of Compliance. Developer hereby certifies pursuant to Section 67- 2346, Idaho Code, that the Developer, its wholly owned subsidiaries, majority owned subsidiaries, parent companies and affiliates, are not currently engaged in, and will not for the duration of this Agreement, knowingly engage in, a boycott of goods or services from Israel or territories under its control. Developer hereby certifies pursuant to Section 67-2359, Idaho Code, that the Developer, its wholly owned subsidiaries, majority owned subsidiaries, parent companies and affiliates, are not currently wholly or partly owned or operated by the Government of China or any company that is owned or operated by the Government of China IN WITNESS WHEREOF, the City has by resolution 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. ATTEST: CITY OF AMMON, IDAHO ___________________________________ By: Kristina Buchan, City Clerk Sean Coletti, Mayor JOHNSTON FARMS ANNEXATION AGREEMENT - Page 10 of 13 09/07/2023 Ammon City Council 09.21.2023Page 58 of 68 Owner: Developer: By: ________________________________ By: Kathy Johnson, Owner Representative Jon Southern, Hamlet Homes STATE OF IDAHO ) :ss. County of Bonneville ) On this _____ day of _______________, 2023 before me the undersigned, a Notary Public in and for said State, personally appeared Sean Coletti, known or identified to me to be the Mayor of the City of Ammon and acknowledged to me that he executed that same as mayor of the City of Ammon. 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 ) :ss. County of Bonneville ) On this _____ day of _______________, 2023 before me the undersigned, a Notary Public in and for said State, personally appeared _________________, and known or identified to me to be the person whose name is subscribed to the within instrument as Developer and acknowledged to me that he 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 ) JOHNSTON FARMS ANNEXATION AGREEMENT - Page 11 of 13 09/07/2023 Ammon City Council 09.21.2023Page 59 of 68 :ss. County of Bonneville ) On this _____ day of _______________, 2023 before me the undersigned, a Notary Public in and for said State, personally appeared _________________, and known or identified to me to be the person whose name is subscribed to the within instrument as Developer and acknowledged to me that he 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: EXHIBIT A TO ANNEXATION AGREEMENT FOR Legal description of property Part of the N1/2 of the NW1/4 of Section 26, Township 2 North, Range 38 East of the Boise Meridian, Bonneville County, Idaho, more particularly described as: Commencing at the northwest corner of Section 26 from which the north 1/4 corner of said Thence S 89°32'10" E 987.09 feet along the north line of said section from said northwest corner to the POINT OF BEGINNING; Thence S 89°32'10" E 500.94 feet along said north line; Thence along the boundary of Jennie Jean Estates, Division No. 1 (Instrument No. 365690) the following 5 courses: 1) S 00°03'52" E 570.63 feet; 2) N 87°53'38" W 198.61 feet; 3) S 12°08'43" W 67.98 feet; 4) S 64°06'27" W 119.78 feet; 5) N 83°29'12" W 178.95 feet to the southeast corner of Warranty Deed Instrument No. 1634552; Thence N 00°16'41" W 665.86 feet along the east line of said warranty deed to the POINT OF BEGINNING. Containing 7.188 acres JOHNSTON FARMS ANNEXATION AGREEMENT - Page 12 of 13 09/07/2023 Ammon City Council 09.21.2023Page 60 of 68 EXHIBIT B TO ANNEXATION AGREEMENT FOR Legal description of Right of Way JOHNSTON FARMS ANNEXATION AGREEMENT - Page 13 of 13 09/07/2023 Ammon City Council 09.21.2023Page 61 of 68 Μ Lb w9ʹ Μ !aahb /L /h b/L\[ Μ I!a\[9 Iha9{ Μ CLb5LbD{ hC C!/Ͳ /hb/\[ {Lhb{ hC \[!Ͳ !b5 59/L{Lhb WhIb{hb C!wa{ Μ Μ {9t9a.9w ЋЊͲ ЋЉЋЌ Μ !tt\[L/!bʹ I!a\[9 Iha9{ hb9wʹ \[ğźƩķ \[͵ WƚŷƓƭƷƚƓ ğƓķ .ğƩĬğƩğ !͵ WƚŷƓƭƷƚƓ ĭΉƚ YğƷŷǤ WƚŷƓƭƚƓ twhW9/ʹ WhIb{hb C!wa{ !tt\[L/!b w9v 9{ʹ wĻƨǒĻƭƷźƓŭ ğƓƓĻǣğƷźƚƓ ƚŅ А͵ЊББ ğĭƩĻƭ ǞźƷŷ ƷŷĻ źƓźƷźğƌ ǩƚƓĻ ƚŅ wΏЊ \[h/!Lhbʹ bƚƩƷŷ ƚŅ ağƩƌĻƓĻ {ƷƩĻĻƷͲ ĻğƭƷ ƚŅ !ƒƒƚƓ wƚğķͲ ƭƚǒƷŷ ƚŅ ЊАƷŷ {ƷƩĻĻƷͲ ǞĻƭƷ ƚŅ wƚƭƭ !ǝĻƓǒĻ 9L{LbD hbLbDʹ !ΏЊ !ŭƩźĭǒƌƷǒƩğƌ { wwh b5 hbLbDʹ wtͲ wΏЊͲ //ΏЊ { wwh b5LbD {9ʹ {źƓŭƌĻΏŅğƒźƌǤ ķĻƷğĭŷĻķ ŷƚƒĻƭͲ ƭźƓŭƌĻΏŅğƒźƌǤ ğƷƷğĭŷĻķ ķǞĻƌƌźƓŭƭͲ ĭƚƒƒĻƩĭźğƌ ƦƩƚƦĻƩƷǤ t!w/9\[ {L9ʹ А͵ЊББ ğĭƩĻƭ {9/Lhb Њʹ .!/YDwh b5 C!/{ {ǒƒƒğƩǤ ƚŅ !ƦƦƌźĭğƷźƚƓ Ώ !ƓƓĻǣğƷźƚƓ ƚŅ А͵ЊББ ğĭƩĻƭ ǞźƷŷ ƷŷĻ źƓźƷźğƌ ǩƚƓĻ ƚŅ wΏЊ Ώ wΏЊ ǩƚƓĻ ğƌƌƚǞƭ ǒƦ Ʒƚ Ѝ͵Љ ǒƓźƷƭ ƦĻƩ ğĭƩĻͲ ƦƩƚƦƚƭĻķ ķĻƓƭźƷǤ źƭ Ќ͵ЍБ ǒƓźƷƭ ƦĻƩ ğĭƩĻ Ώ tƩƚƆĻĭƷ źƭ ƌƚĭğƷĻķ ƭƚǒƷŷ ƚŅ ЊАƷŷ {ƷƩĻĻƷ Ǟŷźĭŷ źƭ ĭƌğƭƭźŅźĻķ ğƭ ğ ƒźƓƚƩ ğƩƷĻƩźğƌ ĬǤ ƷŷĻ .ƚƓƓĻǝźƌƌĻ aĻƷƩƚƦƚƌźƷğƓ tƌğƓƓźƓŭ hƩŭğƓźǩğƷźƚƓ Λ.athΜ Ώ tƩƚƦĻƩƷǤ źƭ ƭǒƩƩƚǒƓķĻķ ƚƓ ğƌƌ ŅƚǒƩ ΛЍΜ ƭźķĻƭ ĬǤ ƷŷĻ /źƷǤ ƚŅ !ƒƒƚƓ Ώ tƩƚƦĻƩƷǤ źƭ ƭĻƩǝźĭĻķ ĬǤ ƷŷĻ LƚƓğ .ƚƓƓĻǝźƌƌĻ {ĻǞĻƩ 5źƭƷƩźĭƷ ΛL.{5Μ Ώ /źƷǤ ƚŅ !ƒƒƚƓ ǞğƷĻƩƌźƓĻ źƭ ƌƚĭğƷĻķ źƓ ЊАƷŷ {ƷƩĻĻƷ Ώ tƩƚƆĻĭƷ Ǟźƌƌ ĬĻ ƩĻƨǒźƩĻķ Ʒƚ ƭƷǒĬ ğ ƭƷƩĻĻƷ ƷŷğƷ Ǟźƌƌ ĬĻ ğĬƌĻ Ʒƚ ĭƚƓƓĻĭƷ ǞźƷŷ DƩĻĻƓŅźĻƌķ 5ƩźǝĻ źƓ ƷŷĻ ŅǒƷǒƩĻ bƚƷźĭźƓŭ Ώ tƌğƓƓźƓŭ ğƓķ ƚƓźƓŭ /ƚƒƒźƭƭźƚƓ Ώ hƓ WǒƓĻ ЌЉͲ ЋЉЋЌ ğƓķ WǒƌǤ АͲ ЋЉЋЌ ƓƚƷźĭĻ ƚŅ ƷŷĻ tƌğƓƓźƓŭ ğƓķ ƚƓźƓŭ /ƚƒƒźƭƭźƚƓ ƦǒĬƌźĭ ŷĻğƩźƓŭ ƚƓ ƷŷĻ ŅƚƩŭƚźƓŭ ğƦƦƌźĭğƷźƚƓ Ǟğƭ ƦǒĬƌźƭŷĻķ źƓ ƷŷĻ tƚƭƷ wĻŭźƭƷĻƩ ƓĻǞƭƦğƦĻƩ źƓ .ƚƓƓĻǝźƌƌĻ /ƚǒƓƷǤ͵ Ώ hƓ WǒƓĻ ЌЉͲ ЋЉЋЌ ƓƚƷźĭĻ ƚŅ ƷŷĻ tƌğƓƓźƓŭ ğƓķ ƚƓźƓŭ /ƚƒƒźƭƭźƚƓ ƦǒĬƌźĭ ŷĻğƩźƓŭ Ǟğƭ ƒğźƌĻķ Ʒƚ ƷǞĻƓƷǤ ΛЋЉΜ ƦǒĬƌźĭ ĻƓƷźƷźĻƭ ğƓķ ğķƆƚźƓźƓŭ ƦƩƚƦĻƩƷǤ ƚǞƓĻƩƭ ǞźƷŷźƓ ЌЉЉ ŅĻĻƷ͵ tƌğƓƓźƓŭ ğƓķ ƚƓźƓŭ /ƚƒƒźƭƭźƚƓ CźƓķźƓŭƭ Ώ tǒĬƌźĭ IĻğƩźƓŭ ϔЋЉЋЌΏЉЋЌ Ǟğƭ ŷĻƌķ ƚƓ !ǒŭǒƭƷ ЋͲ ЋЉЋЌ Ώ CźƓķźƓŭƭʹ Ώ 9ƌźƒźƓğƷĻ ĭƚǒƓƷǤ źƭƌğƓķ Ώ LƓŅźƌƌ ķĻǝĻƌƚƦƒĻƓƷ ЋЊЌЎ {ƚǒƷŷ !ƒƒƚƓ wķ͵Ͳ !ƒƒƚƓͲ Lķğŷƚ БЌЍЉЏ /źƷǤ Iğƌƌʹ ΛЋЉБΜ ЏЊЋΏЍЉЉЉ ǞǞǞ͵ĭźƷǤƚŅğƒƒƚƓ͵ǒƭ tğŭĻ ΋ Њ Ammon City Council 09.21.2023Page 62 of 68 Ώ IğƩƒƚƓźƚǒƭ ǞźƷŷ ƭǒƩƩƚǒƓķźƓŭ ƌğƓķ ǒƭĻƭ Ώ .ǒŅŅĻƩ ƷŷĻ ĻǣźƭƷźƓŭ ƌƚǞ ķĻƓƭźƷǤ ƌƚƷƭ ŅƩƚƒ ƷŷĻ ĭƚƒƒĻƩĭźğƌ ƦƩƚƦĻƩƷǤ Ώ {źķĻǞğƌƉ Ʒƚ ǞĻƭƷ ğƌƌƚǞƭ ĭƚƓƓĻĭƷźǝźƷǤ Ώ !ķķźƷźƚƓğƌ Ʒğǣ ĬğƭĻ ŅƚƩ ƷŷĻ /źƷǤ Ώ DƩĻĻƓŅźĻƌķ 5ƩźǝĻ Ʃƚğķ ĭƚƓƓĻĭƷźƚƓ Ʒƚ ğƌƌƚǞ ŅǒƷǒƩĻ ĭƚƓƓĻĭƷźƚƓ !ƒƒƚƓ wƚğķ Ώ tğƩƉ ĭƚƓƷƩźĬǒƷźƚƓ ğƭƭĻƭƭĻķ ŅƚƩ źƒƦğĭƷ Ʒƚ ƦğƩƉƭ {9/Lhb Ћʹ CLb5LbD{ hC C!/ .ğƭĻķ ǒƦƚƓ ƷŷĻ ğƦƦƌźĭğƷźƚƓͲ ƷŷĻ ŅźƓķźƓŭƭ ƚŅ ƷŷĻ tƌğƓƓźƓŭ ğƓķ ƚƓźƓŭ /ƚƒƒźƭƭźƚƓͲ ƷŷĻ ƩĻĭƚƩķ ğƓķ ƷĻƭƷźƒƚƓǤ ƦƩĻƭĻƓƷĻķͲ ğƓķ ƷŷĻ ŅƚƌƌƚǞźƓŭ ğķķźƷźƚƓğƌ ŅźƓķźƓŭƭ ƚŅ ƷŷĻ /źƷǤ /ƚǒƓĭźƌʹ /ƚƓĭĻƩƓ ǞźƷŷ ƌƚƭƭ ƚŅ ƦƚƭƭźĬƌĻ ĭƚƒƒĻƩĭźğƌ ƦƩƚƦĻƩƷǤ ĬǒƷ ƷŷĻ wΏЊ ǩƚƓĻ Ǟźƌƌ ƦƩƚǝźķĻ ğ ĬǒŅŅĻƩ Ʒƚ ƷŷĻ ƌğƩŭĻƩ ƦƩƚƦĻƩƷźĻƭ Ʒƚ ƷŷĻ ĻğƭƷ ğƓķ ƭƚǒƷŷ͵ ŷĻ !ƒƒƚƓ /źƷǤ /ƚǒƓĭźƌ ƷŷĻƩĻŅƚƩĻ ŅźƓķƭ ğƭ ŅƚƌƌƚǞƭʹ Њ͵ ŷĻ /źƷǤ /ƚǒƓĭźƌ ŅźƓķƭ ƷŷĻ ƩĻƨǒĻƭƷ ŅƩƚƒ IğƒƌĻƷ IƚƒĻƭ ŅƚƩ ƷŷĻ ƦƩƚƆĻĭƷ ƉƓƚǞƓ ğƭ ƷŷĻ WƚŷƓƭƷƚƓ CğƩƒƭ ƭǒĬķźǝźƭźƚƓ Ʒƚ ĬĻ źƓ ŭĻƓĻƩğƌ ĭƚƒƦƌźğƓĭĻ ǞźƷŷ ƷŷĻ ЋЉЊБ /ƚƒƦƩĻŷĻƓƭźǝĻ tƌğƓ͵ ğĬƌĻ Њ ΛĬĻƌƚǞΜ ƭǒƒƒğƩźǩĻƭ ƷŷĻƭĻ ŅźƓķźƓŭƭ͵ Ћ͵ ŷĻ /źƷǤ /ƚǒƓĭźƌ ŅźƓķƭ ƷŷĻ ƩĻƨǒĻƭƷ ŅƩƚƒ IğƒƌĻƷ IƚƒĻƭ ŅƚƩ ƷŷĻ ƦƩƚƆĻĭƷ ƉƓƚǞƓ ğƭ ƷŷĻ WƚŷƓƭƷƚƓ CğƩƒƭ ƭǒĬķźǝźƭźƚƓ Ʒƚ ĬĻ źƓ ĭƚƒƦƌźğƓĭĻ ǞźƷŷ ƷŷĻ ǩƚƓźƓŭ ƚƩķźƓğƓĭĻ ğƓķ ƦƩƚƷĻĭƷƭ ğƓķ źƒƦƩƚǝĻƭ ƷŷĻ ƦǒĬƌźĭ ŷĻğƌƷŷͲ ƭğŅĻƷǤ ğƓķ ǞĻƌŅğƩĻ͵ ŷĻƭĻ ŅźƓķźƓŭƭ ğƩĻ ƭǒƒƒğƩźǩĻķ źƓ ğĬƌĻ Ћ ΛĬĻƌƚǞΜ͵ Ќ͵ LŅ ğƦƦƌźĭğĬƌĻʹ ŷĻ /źƷǤ /ƚǒƓĭźƌ ŅźƓķƭ ƷŷĻ ƩĻƨǒĻƭƷ ŅƩƚƒ IğƒƌĻƷ IƚƒĻƭ ŅƚƩ ƷŷĻ ƦƩƚƆĻĭƷ ƉƓƚǞƓ ğƭ ƷŷĻ WƚŷƓƭƷƚƓ CğƩƒƭ ƭǒĬķźǝźƭźƚƓ Ʒƚ ĬĻ źƓ ĭƚƒƦƌźğƓĭĻ ǞźƷŷ ƷŷĻ {ǒĬķźǝźƭźƚƓ hƩķźƓğƓĭĻ͵ Ѝ͵ ŷĻ /źƷǤ /ƚǒƓĭźƌ ŅźƓķƭ ƷŷĻ ƩĻƨǒĻƭƷ ŅƩƚƒ IğƒƌĻƷ IƚƒĻƭ ŅƚƩ ƷŷĻ ƦƩƚƆĻĭƷ ƉƓƚǞƓ ğƭ ƷŷĻ WƚŷƓƭƷƚƓ CğƩƒƭ ƭǒĬķźǝźƭźƚƓ Ǟźƌƌ ƓƚƷ ŷğǝĻ ğ ƓĻŭğƷźǝĻ Ņźƭĭğƌ źƒƦğĭƷ ǒƦƚƓ ƷŷĻ ĻǣźƭƷźƓŭ ĭźƷźǩĻƓƭ ƚŅ ƷŷĻ /źƷǤ ƚŅ !ƒƒƚƓ͵ !.\[9 Њ {ǒƒƒğƩǤ ƚŅ DĻƓĻƩğƌ /ƚƒƦƌźğƓĭĻ ǞźƷŷ ƷŷĻ ЋЉЊБ /ƚƒƦƩĻŷĻƓƭźǝĻ tƌğƓ ŷĻ ğƦƦƌźĭğƷźƚƓ ĭƚƒƦƌźĻƭ ǞźƷŷ ƷŷĻ ŅƚƌƌƚǞźƓŭ ğƦƦƌźĭğĬƌĻ ƭĻĭƷźƚƓƭ ƚŅ ƷŷĻ /ƚƒƦƩĻŷĻƓƭźǝĻ tƌğƓʹ Ώ \[ƚǞ ķĻƓƭźƷǤ ƩĻƭźķĻƓƷźğƌ ƒğƷĭŷĻƭ ƷŷĻ ƌğƓķ ǒƭĻ ķĻƭźŭƓğƷźƚƓƭ Ʒƚ ƷŷĻ ƓƚƩƷŷͲ ĻğƭƷͲ ğƓķ ƭƚǒƷŷ͵ Ώ ŷźƭ ƦƩƚƦĻƩƷǤ ƨǒğƌźŅźĻƭ ğƭ ğƓ źƓŅźƌƌ ƦƩƚƆĻĭƷ ğƓķ Ǟźƌƌ ĻƌźƒźƓğƷĻ ğ ĭƚǒƓƷǤ źƭƌğƓķ͵ Ώ /ƚƒƦƩĻŷĻƓƭźǝĻ tƌğƓ /ŷğƦƷĻƩ ЊЉͲ tğŭĻ ЋЌͲ LƷĻƒ Вʹ 9ƓĭƚǒƩğŭĻ źƓŅźƌƌ ķĻǝĻƌƚƦƒĻƓƷ źƭ ĭƚƒƦğĭƷͲ ĻĭƚƓƚƒźĭ ğƓķ ĻŅŅźĭźĻƓƷ Ώ ŷźƭ ƦƩƚƦĻƩƷǤ źƭ ƭĻƩǝźĭĻķ ĬǤ ƷŷĻ LƚƓğ .ƚƓƓĻǝźƌƌĻ {ĻǞĻƩ 5źƭƷƩźĭƷ ΛL.{5Μ ğƓķ ƷŷĻƩĻ Ʒŷ DĻƓĻƩğƌ /ƚƒƦƌźğƓĭĻ źƭ ğ ĭźƷǤ ǞğƷĻƩ ƌźƓĻ ğƌƚƓŭ ЊА {ƷƩĻĻƷ͵ Ώ /ƚƒƦƩĻŷĻƓƭźǝĻ tƌğƓ /ŷğƦƷĻƩ ЊЉͲ tğŭĻ ЋЌͲ LƷĻƒ ЊЉʹ 9ƭƷğĬƌźƭŷ ƌğƓķ ǒƭĻ ƦğƷƷĻƩƓƭ Ǟŷźĭŷ Ĭǒźƌķ ƚƓ ĻǣźƭƷźƓŭ ǞğƷĻƩ ğƓķ ƭĻǞĻƩ ŅğĭźƌźƷźĻƭ͵ Ώ tƩƚƆĻĭƷ źƭ ƌƚĭğƷĻķ ƚŅŅ ƚŅ ЊАƷŷ {ƷƩĻĻƷͲ Ǟŷźĭŷ źƭ ĭƌğƭƭźŅźĻķ ĬǤ ƷŷĻ .ƚƓƓĻǝźƌƌĻ aĻƷƩƚƦƚƌźƷğƓ tƌğƓƓźƓŭ hƩŭğƓźǩğƷźƚƓ Λ.athΜ ğƭ ğ ƒźƓƚƩ ğƩƷĻƩźğƌ͵ tƩƚƆĻĭƷ Ǟƚǒƌķ ĬĻ ƩĻƨǒźƩĻķ Ʒƚ źƒƦƩƚǝĻ ƷŷĻźƩ ŅƩƚƓƷğŭĻ ƚƓ ЊАƷŷ {ƷƩĻĻƷ Ʒƚ /źƷǤ {ƷğƓķğƩķƭ͵ Ώ /ƚƒƦƩĻŷĻƓƭźǝĻ tƌğƓ /ŷğƦƷĻƩ ЊЉͲ tğŭĻ ЋЎͲ LƷĻƒ ЊАʹ 9ƓĭƚǒƩğŭĻ ƌğƓķ ǒƭĻƭ Ǟŷźĭŷ ŭĻƓĻƩğƷĻ ƒğƆƚƩ ƷƩğŅŅźĭ Ʒƚ ƌƚĭğƷĻ ƓĻğƩ ƒğƆƚƩ ğƓķ ƒźƓƚƩ ğƩƷĻƩźğƌ ƭƷƩĻĻƷƭͲ ƦƩƚǝźķĻķ ƷŷĻ ķĻƭźŭƓ ƚŅ ƭǒĭŷ ǒƭĻƭ ƩĻķǒĭĻƭ ƷŷĻ źƒƦğĭƷ ƚƓ ƷŷĻ ƭƷƩĻĻƷ ƭǤƭƷĻƒ ĬǤ ĭƚƓƷƩƚƌƌźƓŭ ğĭĭĻƭƭ ЋЊЌЎ {ƚǒƷŷ !ƒƒƚƓ wķ͵Ͳ !ƒƒƚƓͲ Lķğŷƚ БЌЍЉЏ /źƷǤ Iğƌƌʹ ΛЋЉБΜ ЏЊЋΏЍЉЉЉ ǞǞǞ͵ĭźƷǤƚŅğƒƒƚƓ͵ǒƭ tğŭĻ ΋ Ћ Ammon City Council 09.21.2023Page 63 of 68 Ώ /ƚƒƦƩĻŷĻƓƭźǝĻ tƌğƓ /ŷğƦƷĻƩ ЊЌͲ tğŭĻ ЍЊʹ wĻƨǒźƩĻ ƓĻǞ ķĻǝĻƌƚƦƒĻƓƷƭ Ʒƚ ĭƚƓƭƷƩǒĭƷ ĬǒŅŅĻƩĻķ ƭźķĻǞğƌƉƭ ƚƓ ğƩƷĻƩźğƌ ğƓķ ĭƚƌƌĻĭƷƚƩ ƩƚğķǞğǤƭͲ ğƓķ ƦƩźƚƩźƷźǩĻ ǒƦŭƩğķźƓŭ ƚƌķ ƭźķĻǞğƌƉƭ Ʒƚ ƒĻĻƷ ƓĻǞ ƭƷğƓķğƩķƭͲ źƓĭƌǒķźƓŭ !5! ķĻƭźŭƓ ƩĻƨǒźƩĻƒĻƓƷƭ͵ Ώ tƩƚƆĻĭƷ Ǟƚǒƌķ ĬĻ ƩĻƨǒźƩĻķ Ʒƚ ŷğǝĻ ğ ĭƚƓƓĻĭƷźƚƓ Ʒƚ DƩĻĻƓŅźĻƌķ 5ƩźǝĻͲ Ǟŷźĭŷ Ǟźƌƌ ğƌƌƚǞ ƷŷĻ ķĻǝĻƌƚƦƒĻƓƷ ğĭĭĻƭƭ Ʒƚ !ƒƒƚƓ wƚğķ͵ Ώ /ƚƒƦƩĻŷĻƓƭźǝĻ tƌğƓ /ŷğƦƷĻƩ ЊЌͲ tğŭĻ ЍЊʹ wĻƨǒźƩĻ ƭƷƩĻĻƷ ĭƚƓƓĻĭƷźǝźƷǤ ǞźƷŷźƓ ƷŷĻ ƚƓĻΏƒźƌĻ ŭƩźķ ƭǤƭƷĻƒ ƩƚğķƭͲ Ʒƚ źƒƦƩƚǝĻ ǞğƌƉğĬźƌźƷǤ ǞźƷŷ ĭƚƌƌĻĭƷƚƩ Ʃƚğķƭ Ώ tƩƚƆĻĭƷ źƭ ƦƩƚƦƚƭźƓŭ wΏЊ ƭźƓŭƌĻ ŅğƒźƌǤ ķĻƷğĭŷĻķ ŷƚǒƭźƓŭ Ʒƚ ĬǒŅŅĻƩ ƷŷĻ wt ƦƩƚƦĻƩƷźĻƭ Ʒƚ ƷŷĻ ĻğƭƷ ğƓķ ƭƚǒƷŷ ŅƩƚƒ ĭƚƒƒĻƩĭźğƌ ǩƚƓĻķ ƦƩƚƦĻƩƷǤ Ʒƚ ƷŷĻ ǞĻƭƷ͵ Ώ /ƚƒƦƩĻŷĻƓƭźǝĻ tƌğƓ /ŷğƦƷĻƩ ЊЉͲ tğŭĻ ЋЊͲ LƷĻƒ Ћʹ LƓ ƌźƒźƷĻķ ğƓķ ƓĻǞĻƩ ƌƚĭğƷźƚƓƭͲ ŷźŭŷΏķĻƓƭźƷǤ ƩĻƭźķĻƓƷźğƌ ǒƭĻƭ ĬǒŅŅĻƩ ƌƚǞΏķĻƓƭźƷǤ ƩĻƭźķĻƓƷźğƌ ǒƭĻƭ ŅƩƚƒ ĭƚƒƒĻƩĭźğƌ ǒƭĻƭ͵ !.\[9 Ћ {ǒƒƒğƩǤ ƚŅ DĻƓĻƩğƌ /ƚƒƦƌźğƓĭĻ ǞźƷŷ źƷƌĻ ЊЉͲ tƌğƓƓźƓŭ ğƓķ ƚƓźƓŭ ŷĻ ğƦƦƌźĭğƷźƚƓ ĭƚƒƦƌźĻƭ ǞźƷŷ ƷŷĻ ŅƚƌƌƚǞźƓŭ ğƦƦƌźĭğĬƌĻ ƭĻĭƷźƚƓƭ ƚŅ źƷƌĻ ЊЉʹ Ώ źƷƌĻ ЊЉ /ŷğƦƷĻƩ Ѝ !ƒĻƓķƒĻƓƷƭͲ {ĻĭƷźƚƓ Њʹ hw5Lb!b/9 !b5 a!t a! .9 !a9b595ʹ ŷźƭ ǩƚƓźƓŭ ƚƩķźƓğƓĭĻͲ źƓĭƌǒķźƓŭ ƷŷĻ ƒğƦͲ ƒğǤ ĬĻ ğƒĻƓķĻķͲ ƭǒƦƦƌĻƒĻƓƷĻķͲ ĭŷğƓŭĻķ ƚƩ ƒƚķźŅźĻķ ŅƩƚƒ ƷźƒĻ Ʒƚ ƷźƒĻͲ ĭƚƓƭźƭƷĻƓƷ ǞźƷŷ Lķğŷƚ /ƚķĻ źƷƌĻ ЏАͲ /ŷğƦƷĻƩ ЏЎ͵ ŷĻ ƚŅŅźĭźğƌ ǩƚƓźƓŭ ƒğƦ ƚŅ ƷŷĻ /źƷǤ ƭŷğƌƌ ĬĻ ğƒĻƓķĻķ ğŅƷĻƩ ğƓǤ ƩĻΏǩƚƓĻͲ ğƓƓĻǣğƷźƚƓ ƚƩ ƚƷŷĻƩ ĭŷğƓŭĻ Ʒƚ Ʒŷźƭ ƷźƷƌĻ ƷŷğƷ ƒğǤ ğŅŅĻĭƷ ƷŷĻ ƚŅŅźĭźğƌ ǩƚƓźƓŭ ƒğƦ͵ LƷ ƭŷğƌƌ ĬĻ ƷŷĻ ƦƚƌźĭǤ ƚŅ ƷŷĻ /źƷǤ Ʒƚ ķźƭƦƌğǤ ğƓķ ŷğǝĻ ğǝğźƌğĬƌĻ ƷŷĻ ƒƚƭƷ ǒƦ Ʒƚ ķğƷĻ ǩƚƓźƓŭ ƒğƦ ğƭ ƦƚƭƭźĬƌĻ͵ !ƓǤ ĭŷğƓŭĻ Ʒƚ ƷŷĻ ƚŅŅźĭźğƌ ǩƚƓźƓŭ ƒğƦ ƭŷğƌƌ ĬĻ ĭƚƓƭźķĻƩĻķ ğķƚƦƷĻķ ğŅƷĻƩ ğƓǤ ƚƩķźƓğƓĭĻ ĻŅŅĻĭƷźƓŭ Ʒŷźƭ źƷƌĻ ğƭ źƷ ƩĻƌğƷĻƭ Ʒƚ ƷŷĻ ƚŅŅźĭźğƌ ǩƚƓźƓŭ ƒğƦ ƚŅ ƷŷĻ /źƷǤ ŷğƭ ĬĻĻƓ ƦǒĬƌźƭŷĻķ͵ Ώ źƷƌĻ ЊЉ /ŷğƦƷĻƩ ЊЍ wΏЊ wĻƭźķĻƓĭĻ ƚƓĻ ğƓķ źƷƌĻ ЊЉ /ŷğƦƷĻƩ ЌА {ĻĭƷźƚƓ Ћ Λ!Μ wĻƭźķĻƓƷźğƌ 5źƭƷƩźĭƷ ƭĻƭ Ώ tƩƚƦƚƭźƓŭ ЋЎ ƭźƓŭƌĻ ŅğƒźƌǤ ƌƚƷƭ ǞźƷŷ ğƓ ğǝĻƩğŭĻ ƌƚƷ ƭźǩĻ ğƩƚǒƓķ АͲВЌЉ DĻƓĻƩğƌ /ƚƒƦƌźğƓĭĻ Ʒƚ БͲЉЏЎ ƭƨ͵ ŅƷ͵ Ώ tƩƚƦƚƭĻķ ƦƩƚƆĻĭƷ ķĻƓƭźƷǤ źƭ Ќ͵ЍБ ǒƓźƷƭ ƦĻƩ ğĭƩĻ͵ wΏЊ ǩƚƓźƓŭ ğƌƌƚǞƭ ŅƚƩ ğ ķĻƓƭźƷǤ ƚŅ Ѝ͵Љ ǒƓźƷƭΉğĭƩĻ ǞźƷŷ Ɠƚ ğƷƷğĭŷĻķ ǒƓźƷƭ͵ /ƚǒƓĭźƌ /ƩźƷĻƩźğ ŅƚƩ 5ĻĭźƭźƚƓʹ {ĻĭƷźƚƓ ЊЊΏЊΏЊЊ Ώ ƷŷĻ !ƒƒƚƓ /ƚƒƦƩĻŷĻƓƭźǝĻ tƌğƓ Ώ ŷĻƷŷĻƩ ƷŷĻ ƦƩƚƦƚƭĻķ ğƓƓĻǣğƷźƚƓ ƦƩƚƷĻĭƷƭ ğƓķ źƒƦƩƚǝĻƭ ƷŷĻ ƦǒĬƌźĭ ŷĻğƌƷŷͲ ƭğŅĻƷǤͲ ğƓķ ǞĻƌŅğƩĻ Ώ ŷĻƷŷĻƩ ƷŷĻ ƦƩƚƦƚƭĻķ ğƓƓĻǣğƷźƚƓ Ǟźƌƌ ŷğǝĻ ğ ƓĻŭğƷźǝĻ Ņźƭĭğƌ źƒƦğĭƷ ǒƦƚƓ ƷŷĻ Ώ LŅ ƷŷĻ ğƦƦƌźĭğƷźƚƓ źƭ źƓ ŭĻƓĻƩğƌ ĭƚƒƦƌźğƓĭĻ ǞźƷŷ ƷŷĻ /ƚƒƦƩĻŷĻƓƭźǝĻ tƌğƓͲ ƷŷĻ /ƚǒƓĭźƌ ƭŷğƌƌ ĭƚƓƭźķĻƩ ƷŷĻ ğƦƦƌźĭğƷźƚƓ ŅƚƩ ğ ǩƚƓźƓŭ ĭƌğƭƭźŅźĭğƷźƚƓ ğƓķ ĭƚƓƭźķĻƩ ğƓǤ ğƓķ ğƌƌ ŅğĭƷƚƩƭ źƷ ķĻĻƒƭ źƒƦƚƩƷğƓƷ Ʒƚ ķĻƷĻƩƒźƓĻ ǞŷĻƷŷĻƩ ğƓ ğƦƦƌźĭğƷźƚƓ ŅƚƩ ğƓƓĻǣğƷźƚƓ ƭŷğƌƌ ĬĻ ŭƩğƓƷĻķ ƚƩ ķĻƓźĻķ͵ ЋЊЌЎ {ƚǒƷŷ !ƒƒƚƓ wķ͵Ͳ !ƒƒƚƓͲ Lķğŷƚ БЌЍЉЏ /źƷǤ Iğƌƌʹ ΛЋЉБΜ ЏЊЋΏЍЉЉЉ ǞǞǞ͵ĭźƷǤƚŅğƒƒƚƓ͵ǒƭ tğŭĻ ΋ Ќ Ammon City Council 09.21.2023Page 64 of 68 {9/Lhb Ќʹ /hb/\[ {Lhb hC \[! Њ͵ ŷĻ /źƷǤ ƚŅ !ƒƒƚƓ źƭ ğ ƒǒƓźĭźƦğƌ ĭƚƩƦƚƩğƷźƚƓ ƚƩŭğƓźǩĻķ ǒƓķĻƩ !ƩƷźĭƌĻ LL ƚŅ ƷŷĻ Lķğŷƚ /ƚƓƭƷźƷǒƷźƚƓ ğƓķ ƷŷĻ ƌğǞƭ ƚŅ ƷŷĻ {ƷğƷĻ ƚŅ LķğŷƚͲ źƷƌĻ ЎЉͲ Lķğŷƚ /ƚķĻͳ Ћ͵ ƓķĻƩ /ŷğƦƷĻƩ ЏЎͲ źƷƌĻ ЏА ƚŅ ƷŷĻ Lķğŷƚ /ƚķĻͲ ƷŷĻ /źƷǤ ŷğƭ ƦğƭƭĻķ ğ ƌğƓķ ǒƭĻ ğƓķ ǩƚƓźƓŭ ĭƚķĻͲ źƷƌĻ ЊЉͳ Ќ͵ LŅ ğƦƦƌźĭğĬƌĻͲ ǒƓķĻƩ /ŷğƦƷĻƩ ЋͲ źƷƌĻ ЎЉ ƚŅ ƷŷĻ Lķğŷƚ /ƚķĻͲ ƷŷĻ /źƷǤ ŷğƭ ƦğƭƭĻķ ğƓ ğƓƓĻǣğƷźƚƓ ƦƩƚĭĻķǒƩĻƭ ƚƩķźƓğƓĭĻͲ źƷƌĻ ЊЊ͵ Ѝ͵ /ƚķĻ͵ Ў͵ ŷĻ /źƷǤ ƚŅ !ƒƒƚƓ ŷğƭ ƦƩƚǝźķĻķ ğķĻƨǒğƷĻ ƓƚƷźĭĻ ŅƚƩ ƷŷĻ ƩĻǝźĻǞ ƚŅ Ʒŷźƭ ğƦƦƌźĭğƷźƚƓ͵ Џ͵ ŷĻ ƦƩƚƆĻĭƷ ƒĻĻƷƭ ƷŷĻ ƭƷğƓķğƩķƭ ƚŅ ğƦƦƩƚǝğƌ ǒƓķĻƩ źƷƌĻ ЊЉ /ŷğƦƷĻƩ ЍͲ /ŷğƦƷĻƩ ЊЍͲ /ŷğƦƷĻƩ ЌА {ĻĭƷźƚƓ Ћ Λ!ΜͲ źƷƌĻ ЊЊ ğƓķ ƷŷĻ ƭƷğƓķğƩķƭ ƚŅ ğƦƦƩƚǝğƌ ǒƓķĻƩ ƷŷĻ \[ƚĭğƌ \[ğƓķ ƭĻ tƌğƓƓźƓŭ !ĭƷ ƚŅ Lķğŷƚ /ƚķĻͲ źƷƌĻ ЏАͲ /ŷğƦƷĻƩ ЏЎ {9/Lhb Ѝʹ 59/L{Lhb I9w9Chw9Ͳ ƷŷĻ !ƒƒƚƓ /źƷǤ /ƚǒƓĭźƌ ğƦƦƩƚǝĻƭ ƷŷĻ WƚŷƓƭƷƚƓ CğƩƒƭ ƭǒĬķźǝźƭźƚƓ ƭǒĬƆĻĭƷ Ʒƚ ƷŷĻ ŅƚƌƌƚǞźƓŭ ĭƚƓķźƷźƚƓƭʹ Њ͵ LƒƦƩƚǝĻƒĻƓƷƭ ƚŅ ƦƩƚƦĻƩƷǤ ŅƩƚƓƷğŭĻ ğƌƚƓŭ ЊАƷŷ {ƷƩĻĻƷ ğƭ ƭƦĻĭźŅźĻķ ĬǤ ƷŷĻ /źƷǤ 9ƓŭźƓĻĻƩ Ћ͵ {źķĻǞğƌƉ ĭƚƓƓĻĭƷźƚƓ ğƌƚƓŭ ŅƩƚƓƷğŭĻ ƚŅ ƦƩƚƦĻƩƷǤ ğƓķ Ʒƚ ƷŷĻ ǞĻƭƷ Ʒƚ ĭƚƓƓĻĭƷ Ʒƚ ĻǣźƭƷźƓŭ ƭźķĻǞğƌƉ Ќ͵ ŷĻƩĻ ƭŷğƌƌ ĬĻ ğ ƭƷǒĬĬĻķ ĭƚƓƓĻĭƷźƚƓ ŅƚƩ ƷŷĻ ŅǒƷǒƩĻ ĭƚƓƓĻĭƷźƚƓ Ʒƚ DƩĻĻƓŅźĻƌķ 5ƩźǝĻ Ѝ͵ tğƩƉƭ /ƚƓƷƩźĬǒƷźƚƓ ƭŷğƌƌ ĬĻ Ʀğźķ ƦĻƩ ǒƓźƷ ğƷ ƷŷĻ ƭƦĻĭźŅźĻķ ğƒƚǒƓƷ źƓ ƷŷĻ ĭǒƩƩĻƓƷ CĻĻ wĻƭƚƌǒƷźƚƓ͵ Ў͵ {źŭŷƷΏƚĬƭĭǒƩźƓŭ ŅĻƓĭĻ ƭŷğƌƌ ĬĻ źƓƭƷğƌƌĻķ ƚƓ ƷŷĻ ĻğƭƷ ğƓķ ƭƚǒƷŷ ĬƚǒƓķğƩźĻƭ ƚŅ ƷŷĻ ƦƩƚƦĻƩƷǤ͵ I9w9Chw9Ͳ ƷŷĻ !ƒƒƚƓ /źƷǤ /ƚǒƓĭźƌ ğƦƦƩƚǝĻƭ ƷŷĻ WƚŷƓƭƷƚƓ CğƩƒƭ ƭǒĬķźǝźƭźƚƓ ƭǒĬƆĻĭƷ Ʒƚ ĭƚƓķźƷźƚƓƭͲ źŅ ğƓǤͲ źƓ {ĻĭƷźƚƓ Ѝ ƚŅ Ʒŷźƭ ğƦƦƩƚǝğƌ ğƓķ ğƌƌ ĭźƷǤͲ ĭƚǒƓƷǤͲ ƭƷğƷĻͲ ğƓķ ŅĻķĻƩğƌ ƌğǞƭ͵ ŷĻ /źƷǤ /ƚǒƓĭźƌ ƚŅ ƷŷĻ /źƷǤ ƚŅ !ƒƒƚƓ ŷĻƩĻĬǤ ğķƚƦƷƭ ƷŷĻƭĻ CźƓķźƓŭƭ ƚŅ CğĭƷͲ /ƚƓĭƌǒƭźƚƓƭ ƚŅ \[ğǞͲ ğƓķ 5ĻĭźƭźƚƓ Ʒŷźƭ ЋЊƭƷ ķğǤ ƚŅ {ĻƦƷĻƒĬĻƩͲ ЋЉЋЌ͵ ΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗ ağǤƚƩ {ĻğƓ /ƚƌĻƷƷź ΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗ !ƷƷĻƭƷʹ YƩźƭƷźƓğ .ǒĭŷğƓͲ /źƷǤ /ƌĻƩƉ ЋЊЌЎ {ƚǒƷŷ !ƒƒƚƓ wķ͵Ͳ !ƒƒƚƓͲ Lķğŷƚ БЌЍЉЏ /źƷǤ Iğƌƌʹ ΛЋЉБΜ ЏЊЋΏЍЉЉЉ ǞǞǞ͵ĭźƷǤƚŅğƒƒƚƓ͵ǒƭ tğŭĻ ΋ Ѝ Ammon City Council 09.21.2023Page 65 of 68 bhL/9 hC !tt\[L/!.\[9 wLDI{ !ƦƦƌźĭğƓƷƭ ŷğǝĻ ğ ƩźŭŷƷ Ʒƚ ƩĻƨǒĻƭƷ ğ ƩĻŭǒƌğƷƚƩǤ ƷğƉźƓŭ ğƓğƌǤƭźƭ ƚŅ Ʒŷźƭ ķĻĭźƭźƚƓ ƦǒƩƭǒğƓƷ Ʒƚ Lķğŷƚ /ƚķĻ ήЏАΏБЉЉЌ͵ CǒƩƷŷĻƩͲ ƦĻƩ Lķğŷƚ /ƚķĻ ήЏАΏЏЎЌЎͲ ğƓķ źƓ ğĭĭƚƩķğƓĭĻ ǞźƷŷ Lķğŷƚ wǒƌĻ ƚŅ /źǝźƌ tƩƚĭĻķǒƩĻ БЍͲ ğƓ ğƦƦƌźĭğƓƷ ƚƩ ğƓ ğŅŅĻĭƷĻķ ƦĻƩƭƚƓ ŷğƭ ƷŷĻ ƩźŭŷƷ Ʒƚ ƭĻĻƉ ƩĻǝźĻǞ ƚŅ Ʒŷźƭ ķĻĭźƭźƚƓ͵ /9wLCL/!9 hC {9wL/9 L ŷĻƩĻĬǤ ĭĻƩƷźŅǤ ƷŷğƷ ƚƓ Ʒŷźƭ ЋЋƓķ ķğǤ ƚŅͲ {ĻƦƷĻƒĬĻƩͲ ЋЉЋЌͲ L ƭĻƩǝĻķ ğ ƷƩǒĻ ğƓķ ĭƚƩƩĻĭƷ ĭƚƦǤ ƚŅ ƷŷĻ ŅƚƩĻŭƚźƓŭ ķƚĭǒƒĻƓƷ ǒƦƚƓ ƷŷĻ ŅƚƌƌƚǞźƓŭʹ IğƒƌĻƷ IƚƒĻƭ ΝǣΞ ağźƌźƓŭ !bʹ WƚƓ {ƚǒƷŷĻƩƓ ΝǣΞ 9Ώağźƌʹ ƆƚƓƭθŷğƒƌĻƷŷƚƒĻƭ͵ĭƚƒ БЍ ĻƭƷ ЍБЉЉ {ƚǒƷŷͲ {ǒźƷĻ ЋЉЉ aǒƩƩğǤͲ БЍЊЉА IğƒƌĻƷ IƚƒĻƭ ΝǣΞ ağźƌźƓŭ !bʹ Ʃğǝźƭ aƚƩƩźƭ ΝǣΞ 9Ώağźƌʹ ƷƒƚƩƩźƭθŷğƒƌĻƷŷƚƒĻƭ͵ĭƚƒ БЍ ĻƭƷ ЍБЉЉ {ƚǒƷŷͲ {ǒźƷĻ ЋЉЉ aǒƩƩğǤͲ БЍЊЉА \[ğźƩķ \[͵ WƚŷƓƭƷƚƓ ğƓķ .ğƩĬğƩğ !͵ WƚŷƓƭƷƚƓ ΝǣΞ ağźƌźƓŭ !bʹ YğƷŷǤ WƚŷƓƭƚƓ ΝǣΞ 9Ώağźƌʹ ƷƩğǝźƭĭƆƚŷƓƭƚƓЊθŭƒğźƌ͵ĭƚƒ ЌАЉЉ 9ğƭƷ ЊАƷŷ {ƷƩĻĻƷ !ƒƒƚƓͲ L5 БЌЍЉЏ ΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗ /źƷǤ /ƌĻƩƉ ЋЊЌЎ {ƚǒƷŷ !ƒƒƚƓ wķ͵Ͳ !ƒƒƚƓͲ Lķğŷƚ БЌЍЉЏ /źƷǤ Iğƌƌʹ ΛЋЉБΜ ЏЊЋΏЍЉЉЉ ǞǞǞ͵ĭźƷǤƚŅğƒƒƚƓ͵ǒƭ tğŭĻ ΋ Ў Ammon City Council 09.21.2023Page 66 of 68 Ammon City Council 09.21.2023Page 67 of 68 Ammon City Council 09.21.2023Page 68 of 68