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07.11.2024 City Council Packet Ammon City Council 07.11.24Page 1 of 30 1. 2. i. ii. 4. 15 Ammon City Council 07.11.24Page 2 of 30 1. 2. i. ii. 25 Ammon City Council 07.11.24Page 3 of 30 35 Ammon City Council 07.11.24Page 4 of 30 3. 45 Ammon City Council 07.11.24Page 5 of 30 55 Ammon City Council 07.11.24Page 6 of 30 Ammon City Council July 11, 2024 Mayor Coletti and City Councilmembers: White Pine Charter School Amended Standard Development Agreement Staff Presenting: Cindy Donovan Planning Director Recommendation - Staff recommends approval based on the following staff report. Summary of Analysis 1. On June 20, 2024, White Pine Charter School made a request to be able to attain a Certificate of Occupancy to allow for staff to be present in early August and for a student start date of August 22. The John Adams Parkway bridge is scheduled to be open by August 30. The City Council agreed to allow for the Certificate of Occupancy with a change in SC-2 of the Standard Development Agreement and waived the fee for amending the agreement. 2. SC-2 has been amended to reflect the required change: SC-2: John Adams Parkway from 25th East to White Pine Charter School will require City Council approval of a contract for construction, either by the Developer or other entity, prior to the issuance of a building permit. Exit from the school to John Adams Parkway shall have the pavement marked with an arrow indicating right turn only and shall have a sign placed at the exit denoting right turn only. Said traffic markings and signs shall be in place prior to Certificate of Occupancy. 3. On September 21, 2023 the City Council approved the Standard Development Agreement with the following Special Conditions: SC-1: Building permit shall be issued within three (3) years of the Effective Date of the Conditional Rezone Agreement SC-2: John Adams Parkway from 25th East to White Pine Charter School will require City Council approval of 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. 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. SC-4: Twelve (12) foot easement on the southeast side of the property between John Adams Parkway and Backhand Drive. Parcel Characteristics General Location: north of John Adams Parkway, east of South 25th East, south of 1st Street, west of Tiebreaker Drive Acres: 13.421 acres Zoning: PSC Lots: 1 lot 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 1 Ammon City Council 07.11.24Page 7 of 30 - To approve the Amended Standard Development Agreement for White Pine Charter School to attain a Certificate of Occupancy prior to the John Adams Parkway bridge being open. Motion Approve I move to approve the Amended Standard Development for White Pine Charter School. Attachments: 1. White Pine Charter School Vicinity Map 2. White Pine Charter School Amended Standard Development Agreement 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 2 Ammon City Council 07.11.24Page 8 of 30 Ammon City Council 07.11.24Page 9 of 30 1ST AMENDED STANDARD DEVELOPMENT AGREEMENT (CITY OF AMMON/WHITE PINE CHARTER SCHOOL EXPANSION) THIS AMENDED AGREEMENT, made and entered into this 11th day of July, 2024, by and between the CITY OF AMMON, a municipal corporation, of the County of Bonneville, State White Pine Charter School, Inc., RECITALS: WHEREAS, the Developer is the sole owner, in law and/or equity, of a certain tract of land a part hereof; and WHEREAS, the Developer, as sole owner of said land, has made request to the City of Ammon to have the same accepted as a development 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 Council of the City of Ammon, Idaho, considered the White Pine Charter School Standard Development Agreement for approval; and; WHEREAS, on June 20, 2024, the Mayor and City Council of the City of Ammon, Idaho, considered the removal of requirement of John Adams Parkway being completed prior to WHITE PINE CHARTER SCHOOL EXPANSION 1ST AMENDED STANDARD DEVELOPMENT AGREEMENT - Page 1 of 12 Ammon City Council 07.11.24Page 10 of 30 Certificate of Occupancy, and inclusion of right turn only requirements for exiting the White Pine Charter School property; and; WHEREAS, on July 11, 2024, the Mayor and City Council of the City of Ammon, Idaho, considered the White Pine Charter Schools 1st Amended 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: NOW THEREFORE, in consideration of the above recitals and the mutual covenants and agreements herein contained and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties hereto agree as follows: AGREEMENT 1. INCORPORATION OF RECITALS. The Recitals set forth above are hereby incorporated into and made an integral part of this Agreement. 2. EFFECTIVE DATE OF AGREEMENT. This Agreement shall be effective as of the date approved by the City Council. 3. TERM OF AGREEMENT. All rights related to this agreement, including all years of the Effective Date. 4. DEVELOPER. more than one developer, shall be construed as plural, and if there are any parties that are feminine or are firms or corporations, the masculine shall include the feminine and the neuter. All terms and conditions of this agreement shall run with the land. 5. INCORPORATION OF RELATED AGREEMENTS, APPROVALS, PLANS, PERMITS AND OTHER DOCUMENTS. 5.1. The following agreements, approvals, plans, permits and other documents are hereby incorporated into and made an integral part of this Agreement by reference as if restated herein in full. 5.1.1. Annexation 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. 5.2. 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. WHITE PINE CHARTER SCHOOL EXPANSION 1ST AMENDED STANDARD DEVELOPMENT AGREEMENT - Page 2 of 12 Ammon City Council 07.11.24Page 11 of 30 5.3. In the event of any inconsistency between the terms and conditions of this Agreement and the agreements, approvals, plans, permits and other documents listed above, the terms and conditions of this Agreement shall govern. 5.4. Except as provided otherwise in this Agreement, development of the Project shall be vested and governed by policies, procedures, guidelines, ordinances, codes and regulations of the City governing land use in effect as of the Effective Date of this Agreement. Any amendments or additions made during the term of this Agreement to City policies, procedures, guidelines, ordinances, codes or regulations shall not apply to or affect the conditions of development of the Project; provided, however, the following are exempt from vesting under this Agreement: 5.4.1. Plan review fees and inspection fees; 5.4.2. Amendments to building, plumbing, fire and other construction codes; 5.4.3. City enactments that are adopted pursuant to State or federal mandates that 6. GENERAL REQUIREMENTS OF DEVELOPMENT. That Developer, jointly and severally, for himself, his heirs, representatives, itself, their successors and assigns, does hereby covenant, agree, and represent as follows: 6.1. That Developer will, before any construction is commenced, file or cause to be filed with the City Engineer a complete set of street, sewer, water, and drainage improvement plans. 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 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 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. WHITE PINE CHARTER SCHOOL EXPANSION 1ST AMENDED STANDARD DEVELOPMENT AGREEMENT - Page 3 of 12 Ammon City Council 07.11.24Page 12 of 30 6.3. That Developer, its successors or assigns will, at their own expense, construct and install all storm drainage systems and storm drain retention pond(s) as shown on the improvement plans. Retention ponds shall be sprinkled and landscaped following the standards for sprinklers and landscaping of retention ponds in the City of Ammon. Acceptance and conveyance of any parcel in which a retention area is located will occur only after completion and acceptance of drainage infrastructure, landscaping, sprinkling, and any public amenities necessary for the retention pond to be of benefit to the City of Ammon. 6.4. That Developer shall require all contractors involved in constructing the 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. 6.6. That Developer will obtain easements, design and construct the sanitary sewer lines as shown in the improvement drawings within the development. An 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. (Not applicable to this development) 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 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 WHITE PINE CHARTER SCHOOL EXPANSION 1ST AMENDED STANDARD DEVELOPMENT AGREEMENT - Page 4 of 12 Ammon City Council 07.11.24Page 13 of 30 be serviced by the City of Ammon water system, unless specifically agreed to by both Developer and the City of Ammon. (Not applicable to this property) 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 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. (Not applicable to this property) 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 improvements to 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 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 WHITE PINE CHARTER SCHOOL EXPANSION 1ST AMENDED STANDARD DEVELOPMENT AGREEMENT - Page 5 of 12 Ammon City Council 07.11.24Page 14 of 30 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. (Not applicable to this development) 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. 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 WHITE PINE CHARTER SCHOOL EXPANSION 1ST AMENDED STANDARD DEVELOPMENT AGREEMENT - Page 6 of 12 Ammon City Council 07.11.24Page 15 of 30 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. 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. (Not applicable to this development) 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. (Not applicable to this development) 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. WHITE PINE CHARTER SCHOOL EXPANSION 1ST AMENDED STANDARD DEVELOPMENT AGREEMENT - Page 7 of 12 Ammon City Council 07.11.24Page 16 of 30 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. (Not applicable to this development) 6.27. That Developer shall conduct and provide a traffic study in accordance with the current BMPO Access Management Plan Section 6.3. The traffic study shall be prepared and stamped by a Professional Engineer (PE) licensed in the State of Idaho which has expertise in traffic studies. See Exhibit B at the end of this document. The developer shall pay for all traffic improvements recommended by the traffic study that are necessary to address public health, safety and welfare. Prior to issuance of any Certificate of Occupancy for the Development, all traffic improvements recommended by the traffic study shall be complete and approved by the City Engineer. 6.28. That Developer shall provide required street markings and signage to match city standards and BMPO Connecting Our Communities directives to include such markings and signage as required by the City Engineer. 6.29. That Developer shall petition the Iona Bonneville Sewer District (IBSD) for approval to service the wastewater requirements of the subdivision. That Developer agrees to pay the IBSD fee as constituted by 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 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. City shall not issue building permits until 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. 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. WHITE PINE CHARTER SCHOOL EXPANSION 1ST AMENDED STANDARD DEVELOPMENT AGREEMENT - Page 8 of 12 Ammon City Council 07.11.24Page 17 of 30 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 contract for construction, either by the Developer or other entity, prior to the issuance of a building permit. Exit from the school to John Adams Parkway shall have the pavement marked with an arrow indicating right turn only and shall have a sign placed at the exit denoting right turn only. Said traffic markings and signs shall be in place prior to 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, 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 Developer: White Pine Charter School ATTN: Ron Cote 2959 John Adams Parkway WHITE PINE CHARTER SCHOOL EXPANSION 1ST AMENDED STANDARD DEVELOPMENT AGREEMENT - Page 9 of 12 Ammon City Council 07.11.24Page 18 of 30 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. 8.9. Invalid Provisions. If any provision of this Agreement is held not valid, such provision shall be deemed to be excised there from and the invalidity thereof shall not affect any of the other provisions contained herein. 8.10. Choice of Law. This Agreement shall be governed by the laws and decisions of the state of Idaho. IN WITNESS WHEREOF, the City has by motion duly passed, executed this agreement by the signature of the Mayor, attested by the City Clerk, and the Developer has caused this agreement to be duly executed the day and the year first above written. CITY OF AMMON, IDAHO DEVELOPER By:___________________________ By: ____________________________ Sean Coletti, Mayor Ron Cote, White Pine Charter School, Inc. ATTEST: _______________________________ Kristina Buchan, City Clerk WHITE PINE CHARTER SCHOOL EXPANSION 1ST AMENDED STANDARD DEVELOPMENT AGREEMENT - Page 10 of 12 Ammon City Council 07.11.24Page 19 of 30 STATE OF IDAHO County of Bonneville On this _____ day of _______________, 2024 before me the undersigned, a Notary Public in and for said State, personally appeared Sean Coletti, known or identified to me to me be the Mayor of Ammon, the municipal corporation that executed the attached Development Agreement and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF: I have set my hand and affixed my official seal the day and year first above written. Notary Public for the State of Idaho Residing in Bonneville County, Idaho Commission Expiration Date: __________ STATE OF IDAHO County of Bonneville On this _____ day of _______________, 2024 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: WHITE PINE CHARTER SCHOOL EXPANSION 1ST AMENDED STANDARD DEVELOPMENT AGREEMENT - Page 11 of 12 Ammon City Council 07.11.24Page 20 of 30 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 EAST 60.00 FEET ALONG THE WEST LINE OF BACKHAND DRIVE AS SHOWN ON THE PLAT OF TIE BREAKER VILLAGE, DIVISION NO. 7; THE SOUTH LINE OF BACK 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 OF WAY LINE OF JOHN ADAMS PARKWAY; THENCE NORTHWESTERLY ALONG A CURVE 146.26 145.76 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 214.44 PARALLEL WITH THE NORTH SOUTH CENTER LINE OF SECTION 22; THENCE SOUTH CONTAINING 7.00 ACRES BACKHAND DRIVE AND COUGAR DRIVE RIGHT-OF-WAY A 60-foot-wide Right-of-Way in the Northwest ¼ of Section 22, Township 2 North, Range 38 East, of the Boise Meridian, Bonneville County, Idaho to be dedicated to the City of Ammon for future extensions of Backhand Drive and Cougar Drive being described as: -South Center Section Line 1160.35 feet from the North -of-Way line of Backhand Drive; along the West Boundary Line of Tie Breaker Village, Division Number 7, City of Ammon, Bonneville County, Idaho to the South Right-of- 441.27 EXHIBIT B TO DEVELOPMENT AGREEMENT BMPO ACCESS MANAGEMENT PLAN JULY 2012 WHITE PINE CHARTER SCHOOL EXPANSION 1ST AMENDED STANDARD DEVELOPMENT AGREEMENT - Page 12 of 12 Ammon City Council 07.11.24Page 21 of 30 Ammon City Council 07.11.24Page 22 of 30 Ammon City Council 07.11.24Page 23 of 30 Ammon City Council 07.11.24Page 24 of 30 Ammon City Council 07.11.24Page 25 of 30 Ammon City Council 07.11.24Page 26 of 30 Ammon City Council 07.11.24Page 27 of 30 Ammon City Council 07.11.24Page 28 of 30 tyof Ammon City Council 07.11.24Page 29 of 30 Ammon City Council 07.11.24Page 30 of 30