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10.17.2024 City Council Packet Ammon City Council 10.17.2024Page 1 of 41 1. 2. i. 1. 2. 3. 15 Ammon City Council 10.17.2024Page 2 of 41 1. 2. ii. 25 Ammon City Council 10.17.2024Page 3 of 41 35 Ammon City Council 10.17.2024Page 4 of 41 45 Ammon City Council 10.17.2024Page 5 of 41 1. 2. 3. 55 Ammon City Council 10.17.2024Page 6 of 41 Ammon City Council 10.17.2024Page 7 of 41 Ammon City Council 10.17.2024Page 8 of 41 Ammon City Council 10.17.2024Page 9 of 41 Ammon City Council 10.17.2024Page 10 of 41 Ammon City Council 10.17.2024Page 11 of 41 Ammon City Council 10.17.2024Page 12 of 41 Ammon City Council Meeting October 17, 2024 Mayor Coletti and City Councilmembers: North Village Division 2 - Standard Development Agreement Staff Presenting: Cindy Donovan Planning Director Summary of Analysis: 1.On October 3, 2024, the City Council requested amendments to Special Condition 2 a iii. This language is reflected below. 2.The Standard Development Agreement for Division 2 will include: 1.1.SC-1: Developer shall pay to the City of Ammon the amount of $789.61 per lot for the incurred cost of the construction of Well 13, storage tank, and surrounding property. 1.2.SC-2: Developer shall complete or contribute to all improvements required based on the studies provided, in compliance with City Code 11-1-6 L. a.Traffic Study: i.49th South/25th East Westbound Slip Lane paid their proportionate share of $4,258, as required, in the North Village Division 1 Development Agreement. ii.25th East Widen to 3 lanes north of 49th South shall provide proof of payment of their proportionate share, $3,480.88 to the City of Idaho Falls prior to first building permit, as required, in the North Village Division 1 Development Agreement. iii.49th South/Ammon Road install traffic signal Developer shall pay their proportionate share of 7.2% of construction costs prior to first building permit for the last division of North Village or SET DATE lots adjacent to Taylorview Lane or Olsen Park but no later than January 1, 2032. b.Water Study: Completed paid $392,000 for groundwater rights, and will pay $789.61 per lot with building permit c.Wastewater Study: Completed with annexation into the Eastern Idaho Regional d.Floodplain Study: Completed, new FEMA map of the area effective February 1, 2023 e.Level 1 Environmental Study: Completed, showed no presence of environmental waste f.Fiscal Impact Analysis: Completed, will show positive returns to the General Fund after initial developed year. 1.3.SC-3: As required in the North Village Division 1 Development Agreement, developer shall th improve the 49 South frontage using the approved cross section for three (3) lanes prior to first Certificate of Occupancy in Division 1. These improvements shall include but are not limited to curb, gutter, and sidewalk, and shall be constructed according to City of Ammon adopted standards. 1.4.SC-4: The Ammon North Village Development shall contain no more than eighty-five (85) townhomes. 1.5.SC-5: Developer shall provide green space/park space equivalent to the amount of area shown in the preliminary plat for area north of 49th South. 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 1 Ammon City Council 10.17.2024Page 13 of 41 1.6.SC-6: Developer shall construct an eight (8) foot paved pathway along the canal on the east side of the property the length of the property prior to final Certificate of Occupancy for Division 1. 1.7.SC-7: Developer shall require all construction vehicles to obtain access from 49th South, not through current subdivisions. Development Contributions: Water Rights Development will use pressurized irrigation th Road Construction The North Village South, contribute proportionate share for 49th South/25th East westbound slip lane, contribute proportionate share for the widening of 25th East to 3 lanes north of 49th South, and contribute proportionate share for the installation of a traffic signal at 49th South/Ammon Road. Parks shall pay the amount in the current City of Ammon Fee Resolution per residential unit Law Enforcement shall pay the amount in the current City of Ammon Fee Resolution at the time of the issuance of the building permit, per residential unit Development Agreement Division 1: 1.1.SC-1: Developer shall pay to the City of Ammon the amount of $789.61 per lot for the incurred cost of the construction of Well 13, storage tank, and surrounding property. 1.2.SC-2: Developer shall connect sewer north to Olsen Park Subdivision prior to issuance of the first building permit. 1.3.SC-3: Developer shall pay in lieu of their proportionate share towards installation of westbound slip lane in the amount $4,258 toward intersection of 49th South and Ammon Road based on the direction of the Traffic Impact Study prior to the issuance of the first building permit and requirements of the City Engineer, as noted in paragraph 6.27 above. 1.4.SC-4: Developer shall improve the 49th South frontage using the approved cross section for three (3) lanes prior to first Certificate of Occupancy. These improvements shall include but are not limited to curb, gutter, and sidewalk, and shall be constructed according to City of Ammon adopted standards. 1.5.SC-5: Developer shall provide proof of payment of their proportionate share towards improvements to widen the north side of 49th South at the intersection of 25th East in the amount of $3,840.88 required by the Traffic Impact Study to the City of Idaho Falls prior to first building permit. 1.6.SC-6: Developer shall complete or contribute to all improvements required based on the studies provided, in compliance with City Code 11-1-6 L. 1.7.SC-7: The Ammon North Village Development shall contain no more than eighty-five (85) townhomes. 1.8.SC-8: Developer shall provide green space/park space equivalent to the amount of area shown in the preliminary plat for area north of 49th South. 1.9.SC-9: Option 1 - Developer shall construct an eight (8) foot paved pathway along the canal on the east side of the property the length of the property prior to final Certificate of Occupancy for Division 1. SC-9: Option 2 Developer shall construct an eight (8) foot paved pathway through the Ammon North Village property to connect from 49th South to the Olsen Park subdivision prior to final Certificate of Occupancy for Division 1. 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 2 Ammon City Council 10.17.2024Page 14 of 41 1.10.SC-10: Developer shall require all construction vehicles to obtain access from 49th South, not through current subdivisions. Parcel Characteristics: -General Location: north of East 49th South (Township Road), east of Streeter Avenue, south of Taylorview Lane, and west of 35th East (Ammon Road). -Acres: 19.215 acres -Zoning: R-1 and R-2 -Lots: 48 R-1 lots, 34 R-2 lots, and 1 open space lot for 83 total lots : -Approval of North Village Division 2 Standard Development Agreement -Presented by Curtis Johnson, Rockwell Homes Motion: Approve I move to approve the North Village Division 2 Standard Development Agreement. Attachments: 1.FINAL North Village Division 2 Standard Development Agreement 2.DRAFT North Village Division 2 Standard Development Agreement 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 3 Ammon City Council 10.17.2024Page 15 of 41 STANDARD DEVELOPMENT AGREEMENT (CITY OF AMMON/NORTH VILLAGE DIVISION 2) THIS AGREEMENT, made and entered into this 17thday of October, 2024, by and between the CITY OF AMMON, a municipal corporation, of the County of Bonneville, State of Rockwell Homes, Inc., an Idaho Corporation, RECITALS: WHEREAS, the Developer is the sole owner, in law and/or equity, of a certain tract of land a part hereof; and WHEREAS, the Developer, as sole owner of said land, has made request to the City of Ammon to have the same accepted as a subdivision to said City and has submitted to the City a plat thereof which has been approved by the Planning and Zoning Commission and the City Engineer of the City, and WHEREAS, the tract of land described in Exhibit A is located within the City of Ammon; and WHEREAS, onJune 15, 2022, theNorth Villagepreliminary plat was approved by the Planning and Zoning Commission; and WHEREAS, on November 3, 2022,theNorth Villagepreliminary plat was approved by the City Council; and WHEREAS, on September 4, 2024, theNorth Village Division 2final plat was approved by the Planning and Zoning Commission; and WHEREAS, onOctober 3, 2024,theNorth Village Division 2final 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; AMMON NORTH VILLAGE DIVISION 2 STANDARD DEVELOPMENT AGREEMENT - Page 1 of 13 Ammon City Council 10.17.2024Page 16 of 41 WHEREAS, on October 3, 2024,the Mayor and City of Council of the City of Ammon, Idaho, considered the North Village Division 2Standard 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.Second Amended Annexation Agreement approved by the Ammon City Council on: July 21, 2022.If no building permits are pulled within 5 years from this date all Special Conditions within the agreement may be renegotiated. 5.1.2.Preliminary Plat approvedbythe Ammon City Council on November 3, 2022. 5.1.3.Planning and Zoning Commission recommended approval of the Ammon North Village Division 2Final Plat on September 4, 2024. 5.1.4.AmmonNorth Village Division 2Final Plat approved by the Ammon City Council on October 3, 2024. 5.1.5.Improvement Drawings approved by the City Engineer on ________,2024. 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. AMMON NORTH VILLAGE DIVISION 2 STANDARD DEVELOPMENT AGREEMENT - Page 2 of 13 Ammon City Council 10.17.2024Page 17 of 41 5.3.In the event of any inconsistency between the terms and conditions of this Agreement and the agreements, approvals, plans, permits and other documents listed above, the terms and conditions of this Agreement shall govern. 5.4.Except as provided otherwise in this Agreement, development of the Project shall be vested and governed by policies, procedures, guidelines, ordinances, codes and regulations of the City governing land use in effect as of the Effective Date of this Agreement. Any amendments or additions made during the term of this Agreement to City policies, procedures, guidelines, ordinances, codes or regulations shall not apply to or affect the conditions of development of the Project; provided, however, the following are exempt from vesting under this Agreement: 5.4.1.Plan review fees and inspection fees; 5.4.2.Amendments to building, plumbing, fire and other construction codes; 5.4.3.City enactments that are adopted pursuant to State or federal mandates that 6.GENERAL REQUIREMENTS OF DEVELOPMENT.That Developer, jointly and severally, for himself, his heirs, representatives, itself, their successors and assigns, does hereby covenant, agree, and represent as follows: 6.1.That Developer will, before any construction is commenced, file or cause to be filed with the City Engineer a complete set of street, sewer, water, and drainage improvement plans for each proposed plat. Said improvement plans shall also show the proposed location of other utilities, i.e.,telephone, gas, electricity, and irrigation facilities, and such others as may affect or be affected by the subdivision development on such property. Such plans and utility improvements shown thereon shall meet the approval of the City Engineer and shallbe 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 includingcompliance 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 community,conforming withthe International Dark Sky Guidelines. If, the throughout the design anddevelopment 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. AMMON NORTH VILLAGE DIVISION 2 STANDARD DEVELOPMENT AGREEMENT - Page 3 of 13 Ammon City Council 10.17.2024Page 18 of 41 6.3.That Developer, its successors or assigns will, at their own expense, construct and install all storm drainage systems and storm drain retention pond(s) as shown on the improvement plans. Retention ponds shall be sprinkled and landscaped following the standards for sprinklers and landscaping of retention ponds in the City of Ammon. Acceptance and conveyance of any parcel in which a retention area is located will occur only after completion and acceptance of drainage infrastructure, landscaping, sprinkling, and any public amenities necessary for the retention pond to be of benefit to the City of Ammon. Additional improvements shall be required by the City on a case-by-casebasis 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.An sewer line is the general city standard. However, size of sewer line for the subject property will have to be individually establishedbased upon the topography of the developmentand engineering standards, as approvedby the CityEngineer. 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 mayagree to reimburse the Developer only for the material upsizing cost. Developer shall provide the City Engineer withclearly itemized costs of the materials as provided by the pipe supplier. City shall approve the oversized sewer line in writing in advance of said project going forward. Reimbursement shall occur upon written acceptance by the City Engineer of said lines. All sanitary sewer design and installation shall comply with the Idaho Standards for Public Works Construction (ISPWC) or other standards as adopted by the City at the time of construction. The property described herein will be serviced by the City of Ammon sewer system, unless specifically agreed to by both developer and the City of Ammon. 6.7.That Developer will obtain easements, design and construct the water line as shown in the improvement drawings within the Development. AMMON NORTH VILLAGE DIVISION 2 STANDARD DEVELOPMENT AGREEMENT - Page 4 of 13 Ammon City Council 10.17.2024Page 19 of 41 is the general city standard. However, size of water line for the subject property will have to be individually establishedbased upon the topography of the development and engineering standards, as approvedby the CityEngineer. Should theCity elect to have installed water line in excess of the size needed for this subject developmentto accommodate development beyond the subject development,the City mayagree 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 be serviced by the City of Ammon water system, unless specifically agreed to by bothDeveloper and the City of Ammon. 6.8.Developer shall construct a temporary access for all construction related to the project and shall not use existing streets for accessing the development.If no temporary access can be constructed and Developer must use existing streets for access, Developer shall complete a pre-construction survey of the street conditions for all public streets and related infrastructure that provide access to the development prior to commencement of all construction. The street survey shall be completed by a ProfessionalEngineer 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 Idahoassessing any damages caused by construction of the development.Developer shall mitigate and pay or otherwise reimburseCity for all damages to the streets caused by construction of the development as directed by the City Engineer. 6.9.That Developer will reimburse the City for all costs associated with checking and approval of subdivision plats and improvement drawings. 6.10.That Developer shall prepare, execute, and record protective covenants that are not in variance with the zoning established by the City. 6.11.That Developer shall construct and install all such improvements in strict accordance with the filed and approved street (including adjacent arterial and collector roads), sewer, water, and drainage improvement plans and the City standard drawings and construction specifications current andin 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 theexecution of this document. 6.12.That Developer shall pay or reimburse City for its reasonable share of all street improvements adjacent to the development, including water mains and lines, sewer lines, street paving, bridges, and other improvements such as but not limited to curb, gutter, sidewalks, and street lights, and does covenant that the City shall not have any maintenance responsibilities for the same until expiration of the two (2) year AMMON NORTH VILLAGE DIVISION 2 STANDARD DEVELOPMENT AGREEMENT - Page 5 of 13 Ammon City Council 10.17.2024Page 20 of 41 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 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 item6.1.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. 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 ofoccupancy 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. AMMON NORTH VILLAGE DIVISION 2 STANDARD DEVELOPMENT AGREEMENT - Page 6 of 13 Ammon City Council 10.17.2024Page 21 of 41 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 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 10-29-17shall 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 theapproval of a final platin 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. AMMON NORTH VILLAGE DIVISION 2 STANDARD DEVELOPMENT AGREEMENT - Page 7 of 13 Ammon City Council 10.17.2024Page 22 of 41 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. Thisguarantee 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 apreliminaryplat on property located within this agreement; the Developer shall install streetlights as required by the City Engineer on the improvement drawings for the development. Those lights shall meet the most current standards for arterial street lighting as adopted by the City of Ammon or the equivalent as offered by Rocky Mountain Power. 6.25.That Developer shall pay any front footage fees applicable to said property. 6.26.That Developer shall request that the City form a lighting district upon recording of a final plat related to this agreement.Said district shall include all public street/security lighting related to the property within the boundaries of this agreement.Developer agrees to pay for or reimburse City for all costs associated with the formation of said lighting district. 6.27.That Developer shall conduct and provide a traffic study in accordance with the current BMPO Access Management Plan Section 6.3.The traffic study shall be prepared and stamped by a Professional Engineer (PE) licensed in the State of Idaho which has expertise in traffic studies. See Exhibit B at the end of this document. The developer shall pay for all traffic improvements recommended by the traffic study that are necessary to address public health, safety and welfare. Prior to issuance of any Certificate of Occupancy for the Development, all traffic improvements recommended by the traffic studyshall becomplete and approved by the City Engineer. 6.28.That Developer shall provide required street markings and signage to match city standards and BMPO Connecting Our Communities directives to include such markings and signage as required by the City Engineer. 6.29.That Developer shall petition the Eastern Idaho Regional Sewer District(EIRSD) for approval to service the wastewater requirements of the subdivision. That Developer agrees to pay the EIRSDfee as constituted by EIRSDprior to the time of the building permit application. Developer shall provide proof of payment to the City. Developer acknowledges that theCity of Ammon cannot guarantee sewer capacity will be sufficient for the development and cannot award capacity on behalf of EIRSD.Developer acknowledges that EIRSD 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 notissue building permits untilEIRSD 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. AMMON NORTH VILLAGE DIVISION 2 STANDARD DEVELOPMENT AGREEMENT - Page 8 of 13 Ammon City Council 10.17.2024Page 23 of 41 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. 6.33.Developer shall pay the amount, as provided in the currentCity of AmmonFee Resolution at the time of the issuance of the building permit, per residential unitto be dedicated to parks and open space improvements within the general vicinity of the proposed development. All of the Parks Contribution Fees for Division 1shall be paid prior to issuance of any building permit. 6.34.Developer shall pay the amount, as provided in the current City of Ammon Fee Resolution for the Law Enforcement Contribution Fee at the time of the issuance of the building permit, per residential unit to be dedicated to the law enforcement contract. 7.SPECIAL CONDITIONS. That this Standard Development Agreement shall be subject to the following special conditions. To the extent otherwise inconsistent, special conditions shall take the precedent over all other terms: 7.1.SC-1:Developer shall pay to the City of Ammon the amount of $789.61 per lot for the incurred cost of the construction of Well 13, storage tank, and surrounding property. 7.2.SC-2:Developer shall complete or contribute to all improvements required based on the studies provided, in compliance with City Code 11-1-6 L. a.Traffic Study: i.49thSouth/25thEast Westbound Slip Lanepaid their proportionate share of $4,258, as required,in the North Village Division 1 Development Agreement. ii.25thEast Widen to 3 lanes north of 49thSouthshall provide proof of payment of their proportionate share, $3,480.88 to the City of Idaho Falls prior to first building permit, as required,in the North Village Division 1 Development Agreement. iii.49thSouth/Ammon Roadinstall traffic signalDeveloper shall pay their proportionate shareof 7.2%of construction costsprior to first building permit for the lots adjacent to Taylorview Lane or Olsen Park but no later than January 1, 2032. b.Water Study:Completed paid $392,000for groundwater rights, and will pay $789.61 per lot with building permit c.Wastewater Study:Completed with annexation into theEastern Idaho Regional Sewer District(EIRSD)per division AMMON NORTH VILLAGE DIVISION 2 STANDARD DEVELOPMENT AGREEMENT - Page 9 of 13 Ammon City Council 10.17.2024Page 24 of 41 d.Floodplain Study:Completed, new FEMA map of the area effective February 1, 2023 e.Level 1 Environmental Study:Completed, showed no presence of environmental waste f.Fiscal Impact Analysis:Completed, will show positive returns to the General Fund after initial developed year. 7.3.SC-3: As required in the North Village Division 1 Development Agreement, th developer shall improve the 49South frontage using the approved cross section for three (3) lanes prior to first Certificate of Occupancy in Division 1. These improvements shall include but are not limited to curb, gutter, and sidewalk, and shall be constructed according to City of Ammon adopted standards. 7.4.SC-4:The Ammon North Village Development shall contain no more than eighty- five (85) townhomes. 7.5.SC-5:Developer shall provide green space/park space equivalent to the amount of area shown in the preliminary plat for area north of 49th South. 7.6.SC-6:Developer shall construct an eight (8) foot paved pathway along the canal on the east side of the property the length of the property prior to final Certificate of Occupancy for Division 1. 7.7.SC-7:Developer shall require all construction vehicles to obtain access from 49th South, not through current subdivisions. 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 anysubsequent 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) 612-4051Phone (208) 612-4009Fax Owner: AMMON NORTH VILLAGE DIVISION 2 STANDARD DEVELOPMENT AGREEMENT - Page 10 of 13 Ammon City Council 10.17.2024Page 25 of 41 Rockwell Homes, Inc. 3539Briarcreek Lane Ammon, ID 83406 (208) 542-9300 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 theDeveloper.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 StandardDevelopment Agreement shall not be considered a binding precedent for the issuance of other development agreements. The StandardDevelopment 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 theGovernment of China or any company that is owned or operated by the Government of China. AMMON NORTH VILLAGE DIVISION 2 STANDARD DEVELOPMENT AGREEMENT - Page 11 of 13 Ammon City Council 10.17.2024Page 26 of 41 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, IDAHODEVELOPER By:___________________________By: ____________________________ Sean Coletti, MayorCurtis Johnson, Rockwell Homes Inc. ATTEST: _______________________________ Kristina Buchan, City Clerk STATE OF IDAHO County of Bonneville On this _____ day of _______________, 2024before 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 _______________, 2024before me the undersigned, a Notary Public in and for said State, personally appeared Curtis Johnson, 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: AMMON NORTH VILLAGE DIVISION 2 STANDARD DEVELOPMENT AGREEMENT - Page 12 of 13 Ammon City Council 10.17.2024Page 27 of 41 EXHIBIT A TO DEVELOPMENT AGREEMENT LEGAL DESCRIPTION Boundary Description A parcel of land lying and situate in the Southeast Quarter of Section 34 Township 2 North, Range 38 East, Boise Meridian. Beginning at the South Quarter Corner of Said Section 34, thence North 01 the Center Quarter Section line; Thence North 88 Thence North 79 on the south line of said Southeast Quarter Section; Contains 21.99 acres EXHIBIT B TO DEVELOPMENT AGREEMENT BMPO ACCESS MANAGEMENT PLAN JULY 2012 AMMON NORTH VILLAGE DIVISION 2 STANDARD DEVELOPMENT AGREEMENT - Page 13 of 13 Ammon City Council 10.17.2024Page 28 of 41 STANDARD DEVELOPMENT AGREEMENT (CITY OF AMMON/NORTH VILLAGE DIVISION 2) THIS AGREEMENT, made and entered into this 3rdday of October,2024, by and between the CITY OF AMMON, a municipal corporation, of the County of Bonneville, State of Idaho, Rockwell Homes, Inc., an Idaho Corporation, RECITALS: WHEREAS, the Developer is the sole owner, in law and/or equity, of a certain tract of land a part hereof; and WHEREAS, the Developer, as sole owner of said land, has made request to the City of Ammon to have the same accepted as a subdivision to said City and has submitted to the City a plat thereof which has been approved by the Planning and Zoning Commission and the City Engineer of the City, and WHEREAS, the tract of land described in Exhibit A is located within the City of Ammon; and WHEREAS, onJune 15, 2022, theNorth Villagepreliminary plat was approved by the Planning and Zoning Commission; and WHEREAS, on November 3, 2022,theNorth Villagepreliminary plat was approved by the City Council; and WHEREAS, on September 4, 2024, theNorth Village Division 2final plat was approved by the Planning and Zoning Commission; and WHEREAS, onOctober 3, 2024,theNorth Village Division 2final 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; AMMON NORTH VILLAGE DIVISION 2 STANDARD DEVELOPMENT AGREEMENT - Page 1 of 13 Ammon City Council 10.17.2024Page 29 of 41 WHEREAS, on October 3, 2024,the Mayor and City of Council of the City of Ammon, Idaho, considered the North Village Division 2Standard 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.Second Amended Annexation Agreement approved by the Ammon City Council on: July 21, 2022.If no building permits are pulled within 5 years from this date all Special Conditions within the agreement may be renegotiated. 5.1.2.Preliminary Plat approvedbythe Ammon City Council on November 3, 2022. 5.1.3.Planning and Zoning Commission recommended approval of the Ammon North Village Division 2Final Plat on September 4, 2024. 5.1.4.AmmonNorth Village Division 2Final Plat approved by the Ammon City Council on October 3, 2024. 5.1.5.Improvement Drawings approved by the City Engineer on ________,2024. 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. AMMON NORTH VILLAGE DIVISION 2 STANDARD DEVELOPMENT AGREEMENT - Page 2 of 13 Ammon City Council 10.17.2024Page 30 of 41 5.3.In the event of any inconsistency between the terms and conditions of this Agreement and the agreements, approvals, plans, permits and other documents listed above, the terms and conditions of this Agreement shall govern. 5.4.Except as provided otherwise in this Agreement, development of the Project shall be vested and governed by policies, procedures, guidelines, ordinances, codes and regulations of the City governing land use in effect as of the Effective Date of this Agreement. Any amendments or additions made during the term of this Agreement to City policies, procedures, guidelines, ordinances, codes or regulations shall not apply to or affect the conditions of development of the Project; provided, however, the following are exempt from vesting under this Agreement: 5.4.1.Plan review fees and inspection fees; 5.4.2.Amendments to building, plumbing, fire and other construction codes; 5.4.3.City enactments that are adopted pursuant to State or federal mandates that 6.GENERAL REQUIREMENTS OF DEVELOPMENT.That Developer, jointly and severally, for himself, his heirs, representatives, itself, their successors and assigns, does hereby covenant, agree, and represent as follows: 6.1.That Developer will, before any construction is commenced, file or cause to be filed with the City Engineer a complete set of street, sewer, water, and drainage improvement plans for each proposed plat. Said improvement plans shall also show the proposed location of other utilities, i.e.,telephone, gas, electricity, and irrigation facilities, and such others as may affect or be affected by the subdivision development on such property. Such plans and utility improvements shown thereon shall meet the approval of the City Engineer and shallbe 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 includingcompliance 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 community,conforming withthe International Dark Sky Guidelines. If, the throughout the design anddevelopment 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. AMMON NORTH VILLAGE DIVISION 2 STANDARD DEVELOPMENT AGREEMENT - Page 3 of 13 Ammon City Council 10.17.2024Page 31 of 41 6.3.That Developer, its successors or assigns will, at their own expense, construct and install all storm drainage systems and storm drain retention pond(s) as shown on the improvement plans. Retention ponds shall be sprinkled and landscaped following the standards for sprinklers and landscaping of retention ponds in the City of Ammon. Acceptance and conveyance of any parcel in which a retention area is located will occur only after completion and acceptance of drainage infrastructure, landscaping, sprinkling, and any public amenities necessary for the retention pond to be of benefit to the City of Ammon. Additional improvements shall be required by the City on a case-by-casebasis 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.An sewer line is the general city standard. However, size of sewer line for the subject property will have to be individually establishedbased upon the topography of the developmentand engineering standards, as approvedby the CityEngineer. 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 mayagree to reimburse the Developer only for the material upsizing cost. Developer shall provide the City Engineer withclearly itemized costs of the materials as provided by the pipe supplier. City shall approve the oversized sewer line in writing in advance of said project going forward. Reimbursement shall occur upon written acceptance by the City Engineer of said lines. All sanitary sewer design and installation shall comply with the Idaho Standards for Public Works Construction (ISPWC) or other standards as adopted by the City at the time of construction. The property described herein will be serviced by the City of Ammon sewer system, unless specifically agreed to by both developer and the City of Ammon. 6.7.That Developer will obtain easements, design and construct the water line as shown in the improvement drawings within the Development. AMMON NORTH VILLAGE DIVISION 2 STANDARD DEVELOPMENT AGREEMENT - Page 4 of 13 Ammon City Council 10.17.2024Page 32 of 41 is the general city standard. However, size of water line for the subject property will have to be individually establishedbased upon the topography of the development and engineering standards, as approvedby the CityEngineer. Should theCity elect to have installed water line in excess of the size needed for this subject developmentto accommodate development beyond the subject development,the City mayagree 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 be serviced by the City of Ammon water system, unless specifically agreed to by bothDeveloper and the City of Ammon. 6.8.Developer shall construct a temporary access for all construction related to the project and shall not use existing streets for accessing the development.If no temporary access can be constructed and Developer must use existing streets for access, Developer shall complete a pre-construction survey of the street conditions for all public streets and related infrastructure that provide access to the development prior to commencement of all construction. The street survey shall be completed by a ProfessionalEngineer 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 Idahoassessing any damages caused by construction of the development.Developer shall mitigate and pay or otherwise reimburseCity for all damages to the streets caused by construction of the development as directed by the City Engineer. 6.9.That Developer will reimburse the City for all costs associated with checking and approval of subdivision plats and improvement drawings. 6.10.That Developer shall prepare, execute, and record protective covenants that are not in variance with the zoning established by the City. 6.11.That Developer shall construct and install all such improvements in strict accordance with the filed and approved street (including adjacent arterial and collector roads), sewer, water, and drainage improvement plans and the City standard drawings and construction specifications current andin 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 theexecution of this document. 6.12.That Developer shall pay or reimburse City for its reasonable share of all street improvements adjacent to the development, including water mains and lines, sewer lines, street paving, bridges, and other improvements such as but not limited to curb, gutter, sidewalks, and street lights, and does covenant that the City shall not have any maintenance responsibilities for the same until expiration of the two (2) year AMMON NORTH VILLAGE DIVISION 2 STANDARD DEVELOPMENT AGREEMENT - Page 5 of 13 Ammon City Council 10.17.2024Page 33 of 41 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 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 item6.1.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. 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 ofoccupancy 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. AMMON NORTH VILLAGE DIVISION 2 STANDARD DEVELOPMENT AGREEMENT - Page 6 of 13 Ammon City Council 10.17.2024Page 34 of 41 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 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 10-29-17shall 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 theapproval of a final platin 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. AMMON NORTH VILLAGE DIVISION 2 STANDARD DEVELOPMENT AGREEMENT - Page 7 of 13 Ammon City Council 10.17.2024Page 35 of 41 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. Thisguarantee 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 apreliminaryplat on property located within this agreement; the Developer shall install streetlights as required by the City Engineer on the improvement drawings for the development. Those lights shall meet the most current standards for arterial street lighting as adopted by the City of Ammon or the equivalent as offered by Rocky Mountain Power. 6.25.That Developer shall pay any front footage fees applicable to said property. 6.26.That Developer shall request that the City form a lighting district upon recording of a final plat related to this agreement.Said district shall include all public street/security lighting related to the property within the boundaries of this agreement.Developer agrees to pay for or reimburse City for all costs associated with the formation of said lighting district. 6.27.That Developer shall conduct and provide a traffic study in accordance with the current BMPO Access Management Plan Section 6.3.The traffic study shall be prepared and stamped by a Professional Engineer (PE) licensed in the State of Idaho which has expertise in traffic studies. See Exhibit B at the end of this document. The developer shall pay for all traffic improvements recommended by the traffic study that are necessary to address public health, safety and welfare. Prior to issuance of any Certificate of Occupancy for the Development, all traffic improvements recommended by the traffic studyshall becomplete and approved by the City Engineer. 6.28.That Developer shall provide required street markings and signage to match city standards and BMPO Connecting Our Communities directives to include such markings and signage as required by the City Engineer. 6.29.That Developer shall petition the Eastern Idaho Regional Sewer District(EIRSD) for approval to service the wastewater requirements of the subdivision. That Developer agrees to pay the EIRSDfee as constituted by EIRSDprior to the time of the building permit application. Developer shall provide proof of payment to the City. Developer acknowledges that theCity of Ammon cannot guarantee sewer capacity will be sufficient for the development and cannot award capacity on behalf of EIRSD.Developer acknowledges that EIRSD 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 notissue building permits untilEIRSD 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. AMMON NORTH VILLAGE DIVISION 2 STANDARD DEVELOPMENT AGREEMENT - Page 8 of 13 Ammon City Council 10.17.2024Page 36 of 41 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. 6.33.Developer shall pay the amount, as provided in the currentCity of AmmonFee Resolution at the time of the issuance of the building permit, per residential unitto be dedicated to parks and open space improvements within the general vicinity of the proposed development. All of the Parks Contribution Fees for Division 1shall be paid prior to issuance of any building permit. 6.34.Developer shall pay the amount, as provided in the current City of Ammon Fee Resolution for the Law Enforcement Contribution Fee at the time of the issuance of the building permit, per residential unit to be dedicated to the law enforcement contract. 7.SPECIAL CONDITIONS. That this Standard Development Agreement shall be subject to the following special conditions. To the extent otherwise inconsistent, special conditions shall take the precedent over all other terms: 7.1.SC-1:Developer shall pay to the City of Ammon the amount of $789.61 per lot for the incurred cost of the construction of Well 13, storage tank, and surrounding property. 7.2.SC-2:Developer shall complete or contribute to all improvements required based on the studies provided, in compliance with City Code 11-1-6 L. a.Traffic Study: i.49thSouth/25thEast Westbound Slip Lanepaid their proportionate share of $4,258, as required,in the North Village Division 1 Development Agreement. ii.25thEast Widen to 3 lanes north of 49thSouthshall provide proof of payment of their proportionate share, $3,480.88 to the City of Idaho Falls prior to first building permit, as required,in the North Village Division 1 Development Agreement. iii.49thSouth/Ammon Roadinstall traffic signalDeveloper shall pay their proportionate shareof 7.2%of construction costsprior to first building permit for the last division of North Village or SET DATE. b.Water Study:Completed paid $392,000for groundwater rights, and will pay $789.61 per lot with building permit c.Wastewater Study:Completed with annexation into theEastern Idaho Regional Sewer District(EIRSD)per division AMMON NORTH VILLAGE DIVISION 2 STANDARD DEVELOPMENT AGREEMENT - Page 9 of 13 Ammon City Council 10.17.2024Page 37 of 41 d.Floodplain Study:Completed, new FEMA map of the area effective February 1, 2023 e.Level 1 Environmental Study:Completed, showed no presence of environmental waste f.Fiscal Impact Analysis:Completed, will show positive returns to the General Fund after initial developed year. 7.3.SC-3: As required in the North Village Division 1 Development Agreement, th developer shall improve the 49South frontage using the approved cross section for three (3) lanes prior to first Certificate of Occupancy in Division 1. These improvements shall include but are not limited to curb, gutter, and sidewalk, and shall be constructed according to City of Ammon adopted standards. 7.4.SC-4:The Ammon North Village Development shall contain no more than eighty- five (85) townhomes. 7.5.SC-5:Developer shall provide green space/park space equivalent to the amount of area shown in the preliminary plat for area north of 49th South. 7.6.SC-6:Developer shall construct an eight (8) foot paved pathway along the canal on the east side of the property the length of the property prior to final Certificate of Occupancy for Division 1. 7.7.SC-7:Developer shall require all construction vehicles to obtain access from 49th South, not through current subdivisions. 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 anysubsequent 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) 612-4051Phone (208) 612-4009Fax Owner: AMMON NORTH VILLAGE DIVISION 2 STANDARD DEVELOPMENT AGREEMENT - Page 10 of 13 Ammon City Council 10.17.2024Page 38 of 41 Rockwell Homes, Inc. 3539Briarcreek Lane Ammon, ID 83406 (208) 542-9300 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 theDeveloper.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 StandardDevelopment Agreement shall not be considered a binding precedent for the issuance of other development agreements. The StandardDevelopment 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 theGovernment of China or any company that is owned or operated by the Government of China. AMMON NORTH VILLAGE DIVISION 2 STANDARD DEVELOPMENT AGREEMENT - Page 11 of 13 Ammon City Council 10.17.2024Page 39 of 41 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, IDAHODEVELOPER By:___________________________By: ____________________________ Sean Coletti, MayorCurtis Johnson, Rockwell Homes Inc. ATTEST: _______________________________ Kristina Buchan, City Clerk STATE OF IDAHO County of Bonneville On this _____ day of _______________, 2024before 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 _______________, 2024before me the undersigned, a Notary Public in and for said State, personally appeared Curtis Johnson, 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: AMMON NORTH VILLAGE DIVISION 2 STANDARD DEVELOPMENT AGREEMENT - Page 12 of 13 Ammon City Council 10.17.2024Page 40 of 41 EXHIBIT A TO DEVELOPMENT AGREEMENT LEGAL DESCRIPTION Boundary Description A parcel of land lying and situate in the Southeast Quarter of Section 34 Township 2 North, Range 38 East, Boise Meridian. Beginning at the South Quarter Corner of Said Section 34, thence North 01 the Center Quarter Section line; Thence North 88 Thence North 79 on the south line of said Southeast Quarter Section; Contains 21.99 acres EXHIBIT B TO DEVELOPMENT AGREEMENT BMPO ACCESS MANAGEMENT PLAN JULY 2012 AMMON NORTH VILLAGE DIVISION 2 STANDARD DEVELOPMENT AGREEMENT - Page 13 of 13 Ammon City Council 10.17.2024Page 41 of 41