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07.03.2025 City Council PacketAMMON CITY COUNCIL MEETING July 3, 2025 - 6:00 pm Ammon City Hall 2135 S Ammon Road, Ammon, ID 83406 PUBLIC COMMENT AGENDA CALL TO ORDER: -Mayor Sean Coletti at 6:00 p.m. -Pledge of Allegiance – Council Member Boyle -Prayer – Council Member Hamberlin CONSENT AGENDA: 1.Accounts Payable Report: Exhibit A 2.Minutes: June 12, 2025 – Regular Meeting - Page 2 PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA (3-minute limit) PUBLIC HEARINGS: ACTION ITEMS: 1.Consideration of Agreement with the City of Pocatello for Groundwater Mitigation (Micah Austin, City Administrator) - Page 6 2.Consideration of Agreement with the Greater Idaho Falls Transit (GIFT) for transit services within the City of Ammon (Micah Austin, City Administrator) -Page 13 3.Applicant Requested Reconsideration of Granite Creek Commercial Standard Development Agreement (Cindy Donovan, Planning Director) - Page 19 4.Consideration of Ron’s Tire Standard Development Agreement (Cindy Donovan, Planning Director) - Page 34 DISCUSSION ITEMS: 1.Miscellaneous EXECUTIVE SESSION: 1.None. ADJOURN The following guidelines for public comment have been adopted: 1. Before an individual may be heard, the Mayor, Council President, or Commission Chair must recognize them. 2. Individuals recognized for comment shall provide their name and address for the record. Individuals must utilize the podium at the front of the room and not speak from their seat. 3. Individuals must direct comments to the Commission or Council, not other individuals within the room. Individuals must limit comments to three (3) minutes or less. 4. Individuals must avoid repetitious comments or ideas that have already been presented. 5. All comments shall be made courteously, respectfully, and civilly. Inflammatory, disrespectful, degrading statements, heckling, applause, or obscene or indecent language will not be tolerated. Individuals that violate these guidelines may be asked to leave the meeting. UPCOMING - July 10, 2025 Work Session - July 17, 2025 City Council Meeting ACCESS TO MEETINGS MEETINGS WILL BE AVAILABLE VIA ZOOM: - http://zoom.cityofammon.us/ - Meeting ID: 208 612 4000 - Passcode: 26666 INDIVIDUALS NEEDING ACCOMMODATION DUE TO DISABILITY MUST CONTACT CITY HALL NO LATER THAN 1:00 P.M. THE DAY BEFORE THE SCHEDULED MEETING TO ARRANGE ASSISTANCE Next Resolution Number: 2025-008; Next Ordinance Number: 736 Ammon City Council July 3, 2025 Regular Session Page 1 of 56 Ammon City Council Regular Meeting 06.12.2025 Page 1 of 4 AMMON CITY COUNCIL MINUTES THURSDAY, JUNE 12, 2025 – 4:30 P.M. 2135 SOUTH AMMON ROAD AGENDA CALL TO ORDER: Council President Slack at 4:30 p.m. Pledge of Allegiance – Council Member Wessel Prayer – Council Member Slack CONSENT AGENDA: 1.Accounts Payable Report: Exhibit A 2.Minutes: June 5, 2025 – Regular Meeting PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA (3-minute limit) ACTION ITEMS: 1.Consideration of Resolution 2025-007 Surplus of Assets Owned by the City of Ammon (Micah Austin, City Administrator) 2.Consideration of Commercial Standard Development Agreement for Granite Creek Subdivision (Cindy Donovan, City Planner) DISCUSSION ITEMS: 1.Unified Vision Team Building Activity 2.Fiscal Year 2026 Preliminary Budget Review and Discussion 3.Miscellaneous EXECUTIVE SESSION: 1.Pursuant to Idaho Code 74-206(c): To acquire an interest in real property not owned by a public agency 2.Pursuant to Idaho Code 74-206(f): To communicate with legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation ADJOURN MINUTES City Officials Present: Council President Russell Slack Councilmember Scott Wessel Councilmember Kris Oswald Councilmember Sid Hamberlin Councilmember Heidi Boyle Councilmember Jeff Fullmer Legal Counsel Weston Davis (left at 6:56 p.m.) City Administrator Micah Austin City Engineer Tracy Bono City Planner Cindy Donovan Assistant Planner Heather McBride Building Official Charles Allen Enforcement Officer Clarissa Jones HR Director April Forrest Finance Director Jennifer Belfield Parks Director Tyler Draney Network Administrator Bryan Bankhead City Officials Absent: Mayor Sean Coletti Ammon City Council July 3, 2025 Regular Session Page 2 of 56 Ammon City Council Regular Meeting 06.12.2025 Page 2 of 4 CALL TO ORDER: Council President Slack called the meeting to order at 4:30 p.m. Council Member Wessel led the pledge of allegiance and Council Member Slack gave a prayer. CONSENT AGENDA: 1.Accounts Payable Report: Exhibit A 2.Minutes: June 5, 2025 – Regular Meeting It was moved by Council Member Hamberlin and seconded by Council Member Boyle to approve the Consent Agenda. Wessel, yes; Oswald, yes; Fullmer, yes; Slack, yes; Boyle, yes; Hamberlin, yes. Motion passes unanimously with vote by roll call. PUBLIC COMMENT REGARDING ITEMS NOT ON AGENDA (3-minute limit) No public comment was presented. ACTION ITEMS: 1.Consideration of Resolution 2025-007 Surplus of Assets Owned by the City of Ammon (Micah Austin, City Administrator) City Administrator Micah Austin explained that the surplus items are from the Fiber Department and are no longer needed. Network Administrator Bryan Bankhead explained that the Fiber Department previously had three crews and now has only one crew. Recommendation -Staff recommends designating the equipment and city property items listed in Table 1 as surplus. Summary of Analysis 1.The items listed in the table below no longer have significant value for the City of Ammon. 2.The department heads and City Administrator have reviewed these items and recommend surplusing them to the public. 3.Section 1-13-13 of the Ammon Codified Ordinances allows the City Council to surplus property and provides a public process for selling the property. 4.The website PublicSurplus.com will be used to surplus the items through a publicly accessible auction. This website is open to the public, however only public entities can auction items on the website Table 1. City Property/Assets for Surplus City Property/Assets VIN Surplus Value Forklift H2X394T00438 $5,000 2000 Ford F450 1FDXF46F2YEC40418 $10,000 Chevy 2500 1GCHC24U86E227712 $2,500 Flatbed Trailer – License plate #A00567 Not on the trailer $15,000 2020 DitchWitch Vac Trailer mv800 DWPMV800HM0000796 $35,000 DitchWitch Drill Trailer w/ mixing system 16JF01628D1047131 $15,000 2013 DitchWitch JT922 --- $70,000 2015 Vermeer 23x30 Drill 1VRN20072G1000387 $110,000 Total of Surplus Property $262,500.00 Ammon City Council July 3, 2025 Regular Session Page 3 of 56 Ammon City Council Regular Meeting 06.12.2025 Page 3 of 4 Financial Impact - All revenues collected from the surplused property will stay within the appropriate fund that purchased the asset It was moved by Council Member Oswald and seconded by Council Member Fullmer to approve Resolution 2025-007 and designate the property listed in Table 1 as surplus as presented. Wessel, yes; Oswald, yes; Fullmer, yes; Slack, yes; Boyle, yes; Hamberlin, yes. Motion passes unanimously with vote by roll call. 2. Consideration of Commercial Standard Development Agreement for Granite Creek Subdivision (Cindy Donovan, City Planner) City Planner Cindy Donovan presented the Standard Development Agreement with amendments to the special conditions, as requested by the Council at the previous meeting. Development Agreement - SC-1: Developer shall pay to the City of Ammon the amount of $789.61 per unit for the incurred costs of the well, storage tank, and property. - SC-2: Developer shall enter into an agreement with the City of Idaho Falls regarding improvements to South 25th East, the intersection of South 25th East and East 49th South. This may include but not be limited to the construction of the road on the furthest south side of the property zoned commercial to South 25th East. The signed agreement with Idaho Falls shall be provided to the City of Ammon prior to first building permit. - SC-3: Developer shall improve the East 49th South (Township Road) right of way including: curb, gutter, sidewalk, and asphalt to the standards of the City of Ammon up to a maximum of sixty (60) feet, as stated in the annexation agreement that was recorded on October 31, 2014 prior to the first Certificate of Occupancy. Should this frontage be completed by the Granite Creek Division 3 developer prior to the first Certificate of Occupancy of the Granite Creek Commercial Division 1 a frontage fee shall be paid in lieu of construction. - SC-4: Developer shall provide a cross-access easement connecting to the commercially zoned property to the south. - SC-5: Developer shall construct the west half of Thousand Springs Drive to the full width including but not limited to curb, gutter, sidewalk, and asphalt to the standards of the City of Ammon. - SC-6: This commercial property shall have no direct access to South 25th East or East 49th South. Developer acknowledges that at some time in the future access may be limited to right in/right out as determined by the City Engineer. It was moved by Council Member Fullmer and seconded by Council Member Oswald to approve the Granite Creek Commercial Division 1 Development Agreement. Wessel, yes; Oswald, yes; Fullmer, yes; Slack, yes; Boyle, yes; Hamberlin, yes. Motion passes unanimously with vote by roll call DISCUSSION ITEMS: Ammon City Council July 3, 2025 Regular Session Page 4 of 56 Ammon City Council Regular Meeting 06.12.2025 Page 4 of 4 1. Unified Vision Team Building Activity Mary Kummer, a representative from ICRMP, lead the Department Heads and Council through a team building activity. A 3-minute break was called before moving into the next discussion item. 2. Fiscal Year 2026 Preliminary Budget Review and Discussion Finance Director Jennifer Belfield introduced the Fiscal Year 2026 budget to Council. Each Department Head reviewed their individual budgets and outlined department overviews. Council Member Slack expressed concerns regarding the General Fund and the amount of money the City has in savings. Council Member Slack asked that the Department Heads would meet regarding his concerns and prepare for further discussion at the July 10 City Council work session. 3. Miscellaneous City Planner Cindy Donovan told the Council about an Idaho Senate Housing Committee meeting happening in Idaho Falls on June 27. Finance Director Jennifer Belfield thanked everyone for their participation in the team building activity. It is beneficial to work together on important topics like the budget. City Engineer Tracy Bono updated the Council on 17th Street bridge project; it is expected that three lanes will be open at the end of June with full opening in early July. Council Member Wessel expressed concern about the enforcement of the maintaining weeds ordinance and asked to meet with Officer Jones regarding properties of concern. EXECUTIVE SESSION: 1. Pursuant to Idaho Code 74-206(c): To acquire an interest in real property not owned by a public agency 2. Pursuant to Idaho Code 74-206(f): To communicate with legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation Executive session was not needed. ADJOURN at 8:24 p.m. ______________________________ Sean Colletti, Mayor ______________________________ Micah Austin, Interim City Clerk Ammon City Council July 3, 2025 Regular Session Page 5 of 56 Ammon City Council July 3, 2025 Mayor Coletti and City Councilmembers: 2025-2026 Lease of Water Rights from City of Pocatello for the Purpose of Recharge in Compliance with the Final Settlement Agreement with the Surface Water Coalition (SWC) Staff Presenting: Micah Austin, City Administrator Recommendation Approve agreement as presented. Summary of Analysis 1.According to the Final Settlement Agreement with the Surface Water Coalition, the City of Ammon is required to mitigate its groundwater impacts to avoid curtailment of groundwater pumping. 2.Since 2018, the City of Ammon has paid the City of Pocatello to lease water owned by the City of Pocatello in Palisades Reservoir. This agreement requires those portions of water rights to be retained in the reservoir and/or used for aquifer recharge. This agreement is intended to accomplish aquifer recharge, thereby satisfying the requirement of the obligations of the Final Settlement Agreement. 3.To satisfy the Final Settlement Agreement, the City of Ammon must lease 638.3 acre feet from the City of Pocatellow. 4.The total mitigation cost in this agreement is $33,702.24. Last year’s cost was $33,452.44 an increase of $1,992.24. 5.With all fees included (see attached agreement), the cost is $52.80/acre to lease this volume of water. The actual rent cost is $25.00/acre, however additional fees add $27.80/acre to the final cost. 6.Staff has researched other options to satisfy the Final Settlement Agreement. At this time, no other viable and reasonable options are available. Financial Impact o The total cost for groundwater mitigation for 2024-20254, according to this agreement, is $33,702.24. This cost will be different in 2026. o This expense will be charged to the Water Fund. Motion “I move to approve the Water Rights Lease Agreement with the City of Pocatello in the amount of $33,702.24.” Attachments: 1.2025-2026 Water Rights Lease Agreement 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 1 Ammon City Council July 3, 2025 Regular Session Page 6 of 56 1155 CANYON BLVD, SUITE 110, BOULDER, CO 80302 OFFICE: 303-449-2834 FAX: 720-535-4921 SOMACHLAW.COM April 29, 2025 Sent Via Electronic Mail to: Robert L. Harris, Esq. Holden Kidwell Hahn & Crapo, PLLC P.O. Box 50130 Idaho Falls, ID 83405-0130 rharris@holdenlegal.com Re: City of Ammon 2025 Lease of Pocatello’s Palisades Storage Water Dear Robert: To facilitate satisfaction of the Cities’ annual mitigation obligation under the Final Settlement Agreement Between the Surface Water Coalition, Participating Members of Idaho Ground Water Appropriators, Inc., and Signatory Cities (“Final Settlement Agreement”), we are reaching out to see whether your client, the City of Ammon (“Ammon”), would like to again enter into a storage water lease with the City of Pocatello (“Pocatello”). I am enclosing a 2025 lease agreement (“lease”) for Pocatello’s Palisades storage water for your review and execution, along with Exhibit 2 to the Revised ESPA City Agreement for Allocation of Mitigation Obligations under the Final Settlement Agreement (“Cities’ Allocation Agreement”), which summarizes the proportional amount of the 7,650 acre-feet of total mitigation obligation for which each signatory city is responsible. In 2025, Ammon is responsible for 671.3 acre-feet (per Exhibit 2). The lease has been left in Word format so that you can adjust the contact information and other such details as necessary to execute the lease. If Ammon decides to lease storage water from Pocatello, please return, no later than August 1, 2025, an executed lease and a check in the amount reflected on the lease, made out to City of Pocatello, to: Ammon City Council July 3, 2025 Regular Session Page 7 of 56 Robert L. Harris, Esq. Re: City of Ammon 2025 Lease of Pocatello’s Palisades Storage Water April 29, 2025 Page 2 Andrea Henderson City of Pocatello PO Box 4169 911 N. 7th Pocatello, ID 83205-4169 Please call with any questions. Thank you in advance for your assistance with this matter. With kind regards, Sarah A. Klahn Attachments cc: Rich Diehl, City of Pocatello Andrea Henderson, City of Pocatello Brian Patton, IWRB SAK/vif Ammon City Council July 3, 2025 Regular Session Page 8 of 56 2025 STORAGE WATER LEASE AGREEMENT This Lease Agreement is made and entered into between the CITY OF POCATELLO, a municipal corporation of Idaho whose address is P.O. Box 4169, Pocatello, Idaho 83205, hereinafter referred to as “Pocatello” or “Lessor”, and the CITY OF AMMON, a municipal corporation of Idaho whose address is 2135 Ammon Road, Ammon, ID 83406, hereinafter referred to as “Lessee”: 1. Purpose. Lessee desires to lease storage water from Lessor for the purposes of supplying its proportionate share of the Cities’ mitigation obligation specified in the Settlement Agreement Between the Surface Water Coalition, Participating Members of the Idaho Ground Water Appropriators, Inc., and Signatory Cities (“Final Settlement Agreement”). 2. Term. The term of this Lease shall commence upon execution of this Lease Agreement, and terminate on April 30, 2026. 3. Leased Property. In accordance with Exhibit 2 (attached), Lessor hereby leases to Lessee and Lessee hereby leases from Lessor 638.3 acre-feet1 of Lessor’s water stored in Palisades Reservoir pursuant to Contract No. 14-06-100-1825. Pursuant to the terms described in paragraph 4 below, and the mitigation volumes reflected in Exhibit 2, the total amount owed by Lessee is $33,702.24. 4. Rent and Fees. The Lessee agrees to pay rent for storage water and certain fees (some of which are set forth in the 2025 Idaho Department of Water Resources (IDWR) Water District 01 Rental Pool Procedures (the “Rental Pool Rules”), in the following amounts: a. The rent for the leased water is $25.00 per acre-foot (for a total of $15,957.50). b. The fees for this Lease are: i. $15 per acre-foot for the City of Pocatello’s administrative costs (for a total of $9,574.50); ii. The “Administrative Fee” (defined under Rental Pool Rule 2.3) of $2.30 per acre-foot (for a total of $1,468.09) charged by Water District 01; iii. The “Board Surcharge” (defined under Rental Pool Rule 2.10) charged by the Idaho Water Resource Board (“IWRB”) (for a total of $1,595.75) which is equal to 10% of the total rental price; 1 The volume of mitigation water for which Lessee is responsible to satisfy its proportional amount of the Final Settlement Agreement is determined by the allocation methods reflected in Exhibit 2 to the Revised ESPA City Agreement for Allocation of Mitigation Obligations under the Final Settlement Agreement (“Cities’ Allocation Agreement”), which is attached hereto, less an amount of 33 acre-feet as the credit Ammon receives for a ground water to surface water conversion of Woodland Hills Park. Ammon City Council July 3, 2025 Regular Session Page 9 of 56 iv. $8 per acre-foot to be paid to Idaho Water Resources Board (“IWRB” or the “Board”) for conveyance costs associated with the Board’s recharge efforts (for a total of $5,106.40). Payment of the above rents and fees from Lessee shall be received by Lessor no later than August 1, 2025. c. Any rent or administrative fees not paid by August 31, 2025, shall bear interest at the rate of 12% per annum until paid. d. While fixed for the term of this Lease, the rent and fees are subject to change in the future at the discretion of the responsible entity. 5. Conditions of Lease. This Lease Agreement shall be subject to the following conditions: a. Lessee shall pay the annual agreed upon price to Lessor for the leased water. b. Lessee agrees that the leased amount shall be assigned back to Pocatello for the purposes of recharge as described in paragraph 5.c. c. Lessor shall ensure the leased amount is assigned to IWRB for recharge. i. However, and notwithstanding the foregoing, Lessor is released from ensuring the leased amount is made available to IWRB for recharge in the event of an Act of God, or as a result of actions by the U.S. Bureau of Reclamation (BOR), the Committee of Nine, or the Water District 01 imposing restrictions on Lessor’s use of its storage water. ii. If such conditions arise making it impossible for Lessor to ensure IWRB recharges the leased amount, Lessor shall return any of the Lessee’s funds collected pursuant to this Lease Agreement. d. This Lease Agreement shall be contingent upon any approvals of the Committee of Nine, Water District 01, IDWR, BOR, or any other entity as may be required by state or federal law. 6. Non-Use by Lessor. Lessor covenants that it will not divert or otherwise utilize the water leased to Lessee pursuant to this Lease Agreement during the term of this Lease. 7. Use by Lessee. During the term of this Lease, Lessee will not divert or utilize the leased water except for recharge as provided for under the Final Settlement Agreement. 8. Representations by Lessor. Lessor covenants and represents that it is the true and lawful owner of the storage water which is the subject of this Lease Agreement, that this water right under which the water stored has not lapsed, been abandoned, or forfeited, either in whole or in part, and that nothing restricts or precludes Lessor from entering into this Lease Agreement and Lessee utilizing the described storage water. 2025 STORAGE WATER LEASE AGREEMENT BETWEEN CITY OF POCATELLO Page 2 of 4 AND CITY OF AMMON Ammon City Council July 3, 2025 Regular Session Page 10 of 56 9. Breach. In the event either party breaches this Lease Agreement and such defaults are not cured within thirty (30) days after receipt of written notice thereof, the non-breaching party, at their option, may elect any or all of the following cumulative remedies: a. To terminate this Lease Agreement; b. To seek specific performance of this Lease Agreement; c. To recover any damages arising out of the breach; d. To pursue any and all other remedies under Idaho law by reason of such breach. 10. Assignment. This Lease Agreement may not be assigned by Lessee without the express written consent of Lessor. 11. Choice of Law. The terms and provisions of this Lease Agreement shall be construed in accordance with the laws of the State of Idaho. Any required mediation and arbitration shall occur in Bannock County, Idaho. Jurisdiction and venue for any litigation shall be in the District Court of the State of Idaho in Bannock County. 12. Attorney Fees. In the event of any arbitration or litigation over this Lease Agreement the prevailing party shall be entitled to recover reasonable attorney fees and costs. 13. Binding Effect. This Lease Agreement shall be binding upon the respective heirs, successors and assigns of the parties. 14. Notice. All notices under this Agreement shall be deemed to be properly served if sent by certified mail to the last address previously furnished by the parties hereto. Until hereafter changed by written notice, said addresses shall be as follows: LESSOR: City of Pocatello Attn: Legal Dept. P.O. Box 4169 Pocatello, ID 83205 LESSEE: City of Ammon Attn: _________________________ ______________________________ ______________________________ 2025 STORAGE WATER LEASE AGREEMENT BETWEEN CITY OF POCATELLO Page 3 of 4 AND CITY OF AMMON Ammon City Council July 3, 2025 Regular Session Page 11 of 56 Notice shall be complete upon receipt, unless the recipient ignores or refuses to sign for the certified letter, in which event notice shall be deemed to have been completed on the first attempted delivery by the United State Post Office. DATED this ___ day of _________ 2025. LESSEE: CITY OF AMMON, IDAHO By:______________________________ Title: _____________________________ Attest: ___________________________ Printed Name: _____________________ Title: _____________________________ LESSOR: CITY OF POCATELLO, IDAHO By: _____________________________ Brian C. Blad, Mayor Attest: ___________________________ Konni Kendell, City Clerk 2025 STORAGE WATER LEASE AGREEMENT BETWEEN CITY OF POCATELLO Page 4 of 4 AND CITY OF AMMON Ammon City Council July 3, 2025 Regular Session Page 12 of 56 Ammon City Council July 3, 2025 Mayor Coletti and City Councilmembers: Consideration of Contract for Service Agreement with Greater Idaho Falls Transit for Fiscal Year 2025-2026 Staff Presenting: Micah Austin, City Administrator Recommendation -Discuss the agreement and provide direction to staff or approve as presented. Summary of Analysis 1.The proposed FY26 Executive Budget has $65,000 allocated to the Greater Idaho Falls Transportation (GIFT) service. This budget has not been approved at this time. 2.The City Council has discussed funding GIFT at the following recent City Council meetings: ●April 3, 2025, Regular Session ●April 10, 2025 Work Session ●April 17, 2025 Regular Session ●May 1, 2025 Regular Session 3.GIFT has also been discussed in numerous other City Council meetings. 4.GIFT is asking the City Council to approve the agreement so that they can put this expense in their FY26 budget and plan accordingly. Financial Impact -GL account #: 10-408-600 - Contracts and Consulting o $65,000 - GIFT Motion “I move to approve/deny the FY26 service agreement with Greater Idaho Falls Transit in the amount of $65,000.” Attachments: 1.Proposed Agreement with GIFT for FY26 Services 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 1 Ammon City Council July 3, 2025 Regular Session Page 13 of 56 Service Extension Agreement – 06.24.25 Page 1 of 5 SERVICE EXTENSION AGREEMENT THIS SERVICE EXTENSION AGREEMENT BETWEEN (hereinafter “Agreement”) made and entered into this ___ day of _______________________, 2025 by and between the Targhee Regional Public Transportation Authority d.b.a. Greater Idaho Falls Transit, a public transportation authority of the State of Idaho, P.O. Box 50900, Idaho Falls, ID 83405, Idaho Falls, Idaho 83405 (hereinafter “GIFT”), and the City of Ammon, a political subdivision of the State of Idaho (hereinafter “City of Ammon”). WITNESSETH: WHEREAS, GIFT operates and maintains a flexible public transportation microtransit service that provides on-demand/all-in-one services to the general public in Idaho Falls; and WHEREAS, the City of Ammon desires to facilitate transportation options for the area shown in Exhibit A (the “Ammon Service Area”); and WHEREAS, GIFT’s flexible microtransit service can deliver the desired services and is willing to provide the services upon the terms and conditions outlined in this Agreement. NOW THEREFORE it is hereby agreed as follows: 1. GIFT Services. GIFT shall extend the area of service for its on-demand, public microtransit service to include the Ammon Service Area as shown in Exhibit A (the “Extension Services”). The Extension Services will be limited to GIFT’s general hours of operation. 2. Duration of this Agreement. This Agreement shall commence on October 1, 2025, and shall terminate on September 30, 2026. 3. Fee for Services. In consideration for the Extension Services the City of Ammon shall pay to GIFT sixty-five thousand dollars ($65,000.00). The City of Ammon shall make payment under this Agreement within thirty (30) days of the execution of this Agreement. 4. Ridership Reports. GIFT shall collect data on the number of rides GIFT provides each month that are associated with the Ammon Service Area. Each month GIFT shall provide a ridership report to the City of Ammon within thirty (30) days following the end of the reporting month. This is intended for informational purposes only and a failure to provide timely report(s) will not be considered a material breach of this Agreement. 5. Nature of Relationship. Nothing herein shall be construed to be a Joint Powers Agreement, joint enterprise, joint venture, partnership, or joint undertaking between the Parties. It is the sole intent of the parties that GIFT shall be considered an independent contractor with respect to its delivery of the Extension Services to the Ammon Service Area, pursuant to this Agreement. Neither Party shall have authority or a right to bind the Ammon City Council July 3, 2025 Regular Session Page 14 of 56 Service Extension Agreement – 06.24.25 Page 2 of 5 other to any obligation, debt, or undertaking of any kind whatsoever other than as contemplated in this Agreement. 6. Independent Contractor. The contracting Parties warrant by their signature that no employer/employee relationship is established between the City of Ammon and GIFT by the terms of this Agreement. It is understood by the Parties hereto that GIFT is an independent contractor and as such neither it nor its employees, if any, are employees of the City of Ammon for purposes of tax, retirement system, or social security (FICA) withholding. 7. Insurance. GIFT shall purchase and maintain through the term of this Agreement, liability coverage including errors and omissions coverage and general and professional liability coverage, insuring GIFT from liability for property damage, personal injury, or death arising from any act or omission during the course of providing the Extension Services in conjunction with the terms of this Agreement. GIFT shall obtain and maintain throughout the term of this Agreement, automobile liability coverage insuring GIFT and its officers, agents or employees from liability arising from any act or omission committed during the use or operation of ambulance vehicles under the terms and conditions of this Agreement. Such automobile liability insurance coverage shall have a combined single limit of no less than one million dollars ($1,000,000) or the amount of the monetary limits set forth in Idaho Tort Claims Act under Idaho Code § 6-926, whichever is greater. 8. Termination of Agreement. This Agreement may be terminated by either Party upon thirty (30) days written notice to the other, should the other Party fail to substantially perform its obligations under this Agreement through no fault of the noticing Party. If GIFT terminates this Agreement pursuant to this Paragraph, GIFT shall within thirty (30) days of the termination of this Agreement refund to the City of Ammon a pro rata amount based on the number of days remaining from the date of termination until the end date of this Agreement. 9. Complete Agreement. This writing evidences the complete and final agreement concerning the Extension Services as set out above and no prior statement, representation, or understanding shall be assumed. 10. Jurisdiction and Venue. It is agreed that this Agreement shall be construed under and governed by the laws of the State of Idaho. In the event of litigation concerning it, it is agreed that proper venue shall be the District Court of the Seventh Judicial District of the State of Idaho, in and for the County of Bonneville. 11. Non-Discrimination. GIFT shall not discriminate against any user of its services, employee, or applicant for employment on the basis of race, color, religion, creed, political ideals, sex, age, marital status, physical, or mental handicap, gender identity/expression, sexual orientation, or national origin. 12. Binding of Successors. The City of Ammon and GIFT each bind themselves, their partners, successors, assigns, and legal representatives to the other parties to this Ammon City Council July 3, 2025 Regular Session Page 15 of 56 Service Extension Agreement – 06.24.25 Page 3 of 5 Agreement and to the partner, successors, assigns, and legal representatives of such other parties with respect to all covenants of this Agreement. 13. Notices. Any notice required or permitted to be given pursuant to any provisions of this Agreement shall be given in writing, and either delivered in person, by electronic transmission, deposited in the United States mail, postage pre-paid, registered or certified mail, return receipt requested, properly addressed, or by a nationally recognized overnight courier service, to the following addresses: GIFT City of Ammon Greater Idaho Falls Transit 2135 S Ammon Road PO Box 50900 Ammon, ID 83406 Idaho Falls, ID 83405 & Attn: Micah Austin, City 1575 N Skyline Drive Administrator Idaho Falls, ID 83402 Attn: Kade Marquez, Transit Coordinator The notification addresses listed above can be changed by either party with proper notice as listed above. 14. Modification and Assignability of Agreement. This Agreement may not be enlarged, modified, or altered except upon written agreement signed by the Parties hereto. GIFT may not subcontract or assign its rights (including the right to compensation) or duties arising hereunder without the prior written consent and express authorization of the City of Ammon. Any such subcontractor or assignee shall be bound by all of the terms and conditions of this Agreement as if named specifically herein. 15. Costs and Attorney Fees. In the event either party incurs legal expenses to enforce the terms and conditions of this Agreement, apart from any costs incurred during any mediation required by this Agreement, the prevailing party is entitled to recover reasonable attorney’s fees and other costs and expenses. 16. No Exclusive Relationship Created. Nothing in this Agreement shall be interpreted or constructed to create an exclusive relationship with GIFT. Nor shall this Agreement be interpreted to bestow upon GIFT any exclusive right to provide transportation services for the City of Ammon. 17. Interpretation of Agreement. This Agreement has been mutually drafted and reviewed by legal counsel for both parties hereto. In the event of any ambiguity in the terms and conditions hereof, no adverse construction shall be drawn against the drafter hereof, it being the parties’ intention that this Agreement be construed solely in accordance with the parties’ intent as may be evidenced by any extrinsic circumstances demonstrating such intent. 18. Severability. If any portion or portions of this Agreement shall be for any reason invalid or unenforceable, the remaining portion(s) shall be valid and enforceable and carried into Ammon City Council July 3, 2025 Regular Session Page 16 of 56 Service Extension Agreement – 06.24.25 Page 4 of 5 effect unless to do so would clearly violate the present legal and valid intention of the parties hereto. IN WITNESS WHEREOF, the Parties hereto have executed the foregoing AGREEMENT as indicated above. “GIFT” “City of Ammon” Targhee Regional Public Transportation A Political Subdivision of the State of Idaho Authority d.b.a. Greater Idaho Falls Transit By___________________________ By___________________________ Kade Marquez, Transit Coordinator Micah Austin, City Administrator Ammon City Council July 3, 2025 Regular Session Page 17 of 56 EXHIBIT A The Ammon Service Area (Area outlined with black solid lines.) Service Extension Agreement – 06.24.25 Page 5 of 5 Ammon City Council July 3, 2025 Regular Session Page 18 of 56 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 1 Ammon City Council Meeting July 3, 2025 Mayor Coletti and City Council Members: Request by Developer to amend Granite Creek Commercial Division 1 Standard Development Agreement Staff Presenting: Cindy Donovan – Planning Director Summary of Analysis: 1. On June 12, 2025 the City Council approved the Granite Creek Division 1 Standard Development Agreement. Developer has concern with deadline for completion of 49th South prior to the first Certificate of Occupancy and is requesting an amendment to the agreement. 2. Division 1 will have one lot containing two buildings with three units each 3. Property will be served by Ammon Water and Eastern Idaho Sewer District (EIRSD) 4. A Standard Development Agreement will be required for this development 5. Property will be accessed via Thousand Springs Drive 6. No direct access to 25th East or 49th South will be permitted 7. Developer will be required to construct Thousand Springs Drive to the full street width, providing curb, gutter, and sidewalk Development Agreement: - SC-1: Developer shall pay to the City of Ammon the amount of $789.61 per unit for the incurred costs of the well, storage tank, and property. - SC-2: Developer shall enter into an agreement with the City of Idaho Falls regarding improvements to South 25th East, the intersection of South 25th East and East 49th South. This may include but not be limited to the construction of the road on the furthest south side of the property zoned commercial to South 25th East. The signed agreement with Idaho Falls shall be provided to the City of Ammon prior to first building permit. - SC-3: Developer shall improve the East 49th South (Township Road) right of way including: curb, gutter, sidewalk, and asphalt to the standards of the City of Ammon up to a maximum of sixty (60) feet, as stated in the annexation agreement that was recorded on October 31, 2014 prior to the first Certificate of Occupancy. Should this frontage be completed by the Granite Creek Division 3 developer prior to the first Certificate of Occupancy of the Granite Creek Commercial Division 1 a frontage fee shall be paid in lieu of construction. - SC-4: Developer shall provide a cross-access easement connecting to the commercially zoned property to the south. - SC-5: Developer shall construct the west half of Thousand Springs Drive to the full width including but not limited to curb, gutter, sidewalk, and asphalt to the standards of the City of Ammon. - SC-6: This commercial property shall have no direct access to South 25th East or East 49th South. Developer acknowledges that at some time in the future access may be limited to right in/right out as determined by the City Engineer. Ammon City Council July 3, 2025 Regular Session Page 19 of 56 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 2 Applicant’s Request: - Amendment of Granite Creek Commercial Division 1 Standard Development Agreement regarding construction of 49th South timeline. - Presented by Randy Virgil, Representative, and Jeff Freiberg, Freiberg Engineering Parcel Characteristics: - General Location: north of 65th South, east of 25th East, south of 49th South, west of Thousand Springs Road, west side of Granite Creek subdivision - Acres: 1.08 acres - Zoning: HC-1 - Average Lot Size: 1 acre - Lots: 1 Development Contributions: - Water Rights – Development will use pressurized irrigation or pay fee in lieu - Road Construction – Improvements to East 49th South frontage and improvements to South 25th East and South 25th East/East 49th South intersection as required by the City of Idaho Falls - Parks – Commercial Development, no contribution required - Law Enforcement – required in 6.34 of the Standard Development Agreement based on the current fee resolution. This calculation is based on the square footage and use of the property. Motion: Approve I move to amend the Granite Creek Commercial Division 1 Standard Development Agreement (state amended condition). Deny I move to deny the amendment to the Granite Creek Commercial Division 1 Standard Development Agreement (state reasons for denial). Continue I move to continue the discussion of the Granite Creek Commercial Division 1 Standard Development Agreement until further information can be obtained. (state information required) Attachments: 1. Granite Creek Commercial Division 1 Standard Development Agreement Ammon City Council July 3, 2025 Regular Session Page 20 of 56 GRANITE CREEK COMMERCIAL NORTH STANDARD DEVELOPMENT AGREEMENT - Page 1 of 13 STANDARD DEVELOPMENT AGREEMENT (CITY OF AMMON/GRANITE CREEK COMMERCIAL DIVISION 1) THIS AGREEMENT, made and entered into this 12th day of June, 2025, by and between the CITY OF AMMON, a municipal corporation, of the County of Bonneville, State of Idaho, Party of the First Part, hereinafter called the “City,” and Blueskies and Tailwinds LLC, a Limited Liability Corporation, Party of the Second Part, hereinafter called the “Developer.” RECITALS: WHEREAS, the Developer is the sole owner, in law and/or equity, of a certain tract of land in Bonneville County, Idaho, more particularly described on Exhibit “A” attached hereto and made a part hereof; and WHEREAS, the Developer, as sole owner of said land, has made request to the City of Ammon to have the same accepted as a subdivision to said City and has submitted to the City a plat thereof which has been approved by the Planning and Zoning Commission and the City Engineer of the City, and WHEREAS, the tract of land described in Exhibit A is located within the City of Ammon; and WHEREAS, on May 7, 2025, the Granite Creek Commercial Master Plan was approved by the Planning and Zoning Commission; and WHEREAS, on May 7, 2025, the Granite Creek Commercial Division 1 Preliminary Plat was approved by the Planning and Zoning Commission; and WHEREAS, on May 15, 2025, the Granite Creek Commercial Master Plan was approved by the City Council; and WHEREAS, on June 5, 2025, the Granite Creek Commercial Division 1 Preliminary 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 City Council July 3, 2025 Regular Session Page 21 of 56 GRANITE CREEK COMMERCIAL NORTH STANDARD DEVELOPMENT AGREEMENT - Page 2 of 13 WHEREAS, on June 12, 2025, the Mayor and City of Council of the City of Ammon, Idaho, considered the Granite Creek Commercial Division 1 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 Developer’s rights herein, shall expire if no building permit has been issued within five (5) years of the Effective Date. 4. DEVELOPER. The term “Developer” and the language of this agreement, whether it is more than one developer, shall be construed as plural, and if there are any parties that are feminine or are firms or corporations, the masculine shall include the feminine and the neuter. All terms and conditions of this agreement shall run with the land. 5. INCORPORATION OF RELATED AGREEMENTS, APPROVALS, PLANS, PERMITS AND OTHER DOCUMENTS. 5.1. The following agreements, approvals, plans, permits and other documents are hereby incorporated into and made an integral part of this Agreement by reference as if restated herein in full. 5.1.1. Annexation Agreement approved by the Ammon City Council on: October 30, 2014. 5.1.2. Master Plan approved by the Ammon City Council on May 15, 2025. 5.1.3. Preliminary Plat approved by the Ammon City Council on June 5, 2025. 5.1.4. Improvement Drawings approved by the City Engineer on _____________2025. 5.2. Any material failure to comply with the terms and conditions of any of the above-referenced agreements, approvals, plans, permits and other documents shall constitute a breach of this Agreement. 5.3. In the event of any inconsistency between the terms and conditions of this Agreement and the agreements, approvals, plans, permits and other documents listed above, the terms and conditions of this Agreement shall govern. 5.4. Except as provided otherwise in this Agreement, development of the Project shall be vested and governed by policies, procedures, guidelines, ordinances, codes and regulations of the City governing land use in effect as of the Effective Date of this Ammon City Council July 3, 2025 Regular Session Page 22 of 56 GRANITE CREEK COMMERCIAL NORTH STANDARD DEVELOPMENT AGREEMENT - Page 3 of 13 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 preempt the City’s authority to vest regulations. 6. GENERAL REQUIREMENTS OF DEVELOPMENT. That Developer, jointly and severally, for himself, his heirs, representatives, itself, their successors and assigns, does hereby covenant, agree, and represent as follows: 6.1. That Developer will, before any construction is commenced, file or cause to be filed with the City Engineer a complete set of street, sewer, water, and drainage improvement plans for each proposed plat. Said improvement plans shall also show the proposed location of other utilities, i.e., telephone, gas, electricity, and irrigation facilities, and such others as may affect or be affected by the subdivision development on such property. Such plans and utility improvements shown thereon shall meet the approval of the City Engineer and shall be incorporated herein and made a part hereof by reference. The Developer shall construct and install all such improvements in accordance with the current Edition of the Idaho Standards for Public Works Construction adopted by the City of Ammon including compliance with all other City codes and ordinances including the City of Ammon standards as adopted. Acceptance of improvements to be determined by the City of Ammon only after completed inspections and certification provided by Developer from a licensed, professional engineer certifying that said subdivision construction has been completed in compliance with the published standards. The Developer shall make a formal request in writing to the City of Ammon City Engineer for final acceptance of all said improvements. 6.2. That Developer, shall, at their own expense, construct and install all sanitary sewers, storm drains, pumping stations, water lines and appurtenances, fire hydrants, curbs and gutters, sidewalks, landscaping, off-street parking, cross drains, streets, street surfacing, street and regulatory signs, parks, recreation amenities, open spaces, and/or other needed street or utility improvements as shown on the improvement plans. The Developer shall have the option to create a “dark sky” community, conforming with the International Dark Sky Guidelines. If, the Developer chooses to create a “dark sky” community this must be disclosed throughout the design and development process. The Developer will phase the construction of roads and utilities as shown on the development drawings. Acceptance by the City, will be given for each improvement, upon the City Engineer finding the improvement meet standards, can be maintained by the City of Ammon, and will provide public benefits to the Ammon community. 6.3. That Developer, its successors or assigns will, at their own expense, construct and install all storm drainage systems and storm drain retention pond(s) as shown on the improvement plans. Retention ponds shall be sprinkled and landscaped following the standards for sprinklers and landscaping of retention ponds in the City of Ammon. Acceptance and conveyance of any parcel in which a retention Ammon City Council July 3, 2025 Regular Session Page 23 of 56 GRANITE CREEK COMMERCIAL NORTH STANDARD DEVELOPMENT AGREEMENT - Page 4 of 13 area is located will occur only after completion and acceptance of drainage infrastructure, landscaping, sprinkling, and any public amenities necessary for the retention pond to be of benefit to the City of Ammon. Additional improvements shall be required by the City on a case-by-case basis to ensure that the retention areas are a public benefit to the Ammon community. Additional improvements may include playground equipment, park amenities, walking paths, park structures, recreation amenities, or other improvements that enhance the public open space and provide benefit to the Ammon community. Satisfactory acceptance by the City of any above-grade improvements to retention areas shall be determined by the City Administrator. 6.4. That Developer shall require all contractors involved in constructing the subdivision improvements to furnish a minimum two (2) year warranty on all materials and workmanship involved. Additional warranty periods may be required in writing by the City on certain materials and products. Said period of warranty shall run from written acceptance given by City 6.5. That Developer shall comply with all City requirements in effect at the time construction is commenced on each said lot. That the Developer shall sell no lots at less than the size required in the zoning for such property. Lot lines may be changed by owners, but no additional building sites may be created without first amending the plat of record. All building and zoning codes must be complied with in the event of any change. 6.6. That Developer will obtain easements, design and construct the sanitary sewer lines as shown in the improvement drawings within the development. An 8” diameter 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. 6.7. That Developer will obtain easements, design and construct the water line as shown in the improvement drawings within the Development. An 8” diameter water line 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. Ammon City Council July 3, 2025 Regular Session Page 24 of 56 GRANITE CREEK COMMERCIAL NORTH STANDARD DEVELOPMENT AGREEMENT - Page 5 of 13 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 extending water lines to Developer’s property. The property described herein will be serviced by the City of Ammon water system, unless specifically agreed to by both Developer and the City of Ammon. 6.8. Developer shall construct a temporary access for all construction related to the project and shall not use existing streets for accessing the development. If no temporary access can be constructed and Developer must use existing streets for access, Developer shall complete a pre-construction survey of the street conditions for all public streets and related infrastructure that provide access to the development prior to commencement of all construction. The street survey shall be completed by a Professional Engineer licensed in the State of Idaho assessing the existing conditions prior to commencement of any construction. At the conclusion of the project, a post-construction survey shall be completed by a Professional Engineer licensed in the State of Idaho assessing any damages caused by construction of the development. Developer shall mitigate and pay or otherwise reimburse City for all damages to the streets caused by construction of the development as directed by the City Engineer. 6.9. That Developer will reimburse the City for all costs associated with checking and approval of subdivision plats and improvement drawings. 6.10. That Developer shall prepare, execute, and record protective covenants that are not in variance with the zoning established by the City. 6.11. That Developer shall construct and install all such improvements in strict accordance with the filed and approved street (including adjacent arterial and collector roads), sewer, water, and drainage improvement plans and the City standard drawings and construction specifications current and in effect at the time the construction of said improvements is accomplished, or as otherwise agreed between the Developer and the City if the standards and specifications are more restrictive and onerous at the time of construction than at the time of the execution of this document. 6.12. That Developer shall pay or reimburse City for its reasonable share of all street improvements adjacent to the development, including water mains and lines, sewer lines, street paving, bridges, and other improvements such as but not limited to curb, gutter, sidewalks, and street lights, and does covenant that the City shall not have any maintenance responsibilities for the same until expiration of the two (2) year warranty period as provided for in the paragraph above, provided such improvements are constructed by Developer. 6.13. That Developer shall provide the City Engineer with at least fifteen (15) days advance written notification of when and of what portion or portions of said street or utility improvements he intends to complete at that time. Developer agrees to Ammon City Council July 3, 2025 Regular Session Page 25 of 56 GRANITE CREEK COMMERCIAL NORTH STANDARD DEVELOPMENT AGREEMENT - Page 6 of 13 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 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. 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. Ammon City Council July 3, 2025 Regular Session Page 26 of 56 GRANITE CREEK COMMERCIAL NORTH STANDARD DEVELOPMENT AGREEMENT - Page 7 of 13 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 10-29-17 shall be provided prior to issuance of building permits within the subdivision. Upon transfer of the system to the City of Ammon, the City shall be responsible for all operations and maintenance of the pressurized irrigation system. If surface water is not deemed reasonably available minimum compensatory groundwater rights, deemed acceptable by the City of Ammon, may be purchased and transferred to the City of Ammon in accordance with City Code 8-10. 6.21. That Developer agrees no well to provide culinary, irrigation or water for any other use without the written permission by the City Engineer, shall be drilled upon said property after the recording date of this development agreement. Further that any ground water rights including any existing well, lines or other infrastructure on the property shall be dedicated or transferred to the City of Ammon. 6.22. That prior to the approval of a final plat in said subdivision, Developer shall construct and install all Public improvements as required by the approved improvement drawings for said subdivision. Public improvements shall include but not be limited to: roads, phone, electric, public water, public sewer, fire protection, cable, fiber ducts, fiber vaults, lighting and required landscaping, curb, gutter, sidewalks and drainage systems. 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 Ammon City Council July 3, 2025 Regular Session Page 27 of 56 GRANITE CREEK COMMERCIAL NORTH STANDARD DEVELOPMENT AGREEMENT - Page 8 of 13 improvements prior to issuance of building permits within a subdivision as required in the City of Ammon. 6.24. That when arterial roadway or infrastructure is required as part of a preliminary plat on property located within this agreement; the Developer shall install street lights as required by the City Engineer on the improvement drawings for the development. Those lights shall meet the most current standards for arterial street lighting as adopted by the City of Ammon or the equivalent as offered by Rocky Mountain Power. 6.25. That Developer shall pay any front footage fees applicable to said property. 6.26. That Developer shall request that the City form a lighting district upon recording of a final plat related to this agreement. Said district shall include all public street/security lighting related to the property within the boundaries of this agreement. Developer agrees to pay for or reimburse City for all costs associated with the formation of said lighting district. 6.27. That Developer shall conduct and provide a traffic study in accordance with the current BMPO Access Management Plan Section 6.3. The traffic study shall be prepared and stamped by a Professional Engineer (PE) licensed in the State of Idaho which has expertise in traffic studies. See Exhibit B at the end of this document. The developer shall pay for all traffic improvements recommended by the traffic study that are necessary to address public health, safety and welfare. Prior to issuance of any Certificate of Occupancy for the Development, all traffic improvements recommended by the traffic study shall be complete and approved by the City Engineer. 6.28. That Developer shall provide required street markings and signage to match city standards and BMPO Connecting Our Communities directives to include such markings and signage as required by the City Engineer. 6.29. That Developer shall petition the Eastern Idaho Regional Sewer District (EIRSD) for approval to service the wastewater requirements of the subdivision. That Developer agrees to pay the EIRSD fee as constituted by EIRSD prior to the time of the building permit application. Developer shall provide proof of payment to the City. Developer acknowledges that the City of Ammon cannot guarantee sewer capacity will be sufficient for the development and cannot award capacity on behalf of EIRSD. 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 not issue building permits until EIRSD 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. Ammon City Council July 3, 2025 Regular Session Page 28 of 56 GRANITE CREEK COMMERCIAL NORTH STANDARD DEVELOPMENT AGREEMENT - Page 9 of 13 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 Law Enforcement Contribution Fee, as provided in the current City of Ammon Fee Resolution at the time of the issuance of the building permit, for each commercial unit. 7. SPECIAL CONDITIONS. That this Development Agreement shall be subject to the following special conditions. To the extent otherwise inconsistent, special conditions shall take the precedent over all other terms: 7.1. SC-1: Developer shall pay to the City of Ammon the amount of $789.61 per unit for the incurred costs of the well, storage tank, and property. 7.2. SC-2: Developer shall enter into an agreement with the City of Idaho Falls regarding improvements to South 25th East, the intersection of South 25th East and East 49th South. This may include but not be limited to the construction of the road on the furthest south side of the property zoned commercial to South 25th East. The signed agreement with Idaho Falls shall be provided to the City of Ammon prior to first building permit. 7.3. SC-3: Developer shall improve the East 49th South (Township Road) right of way including: curb, gutter, sidewalk, and asphalt to the standards of the City of Ammon up to a maximum of sixty (60) feet, as stated in the annexation agreement that was recorded on October 31, 2014 prior to the first Certificate of Occupancy. Should this frontage be completed by the Granite Creek Division 3 developer prior to the first Certificate of Occupancy of the Granite Creek Commercial Division 1 a frontage fee shall be paid in lieu of construction. 7.4. SC-4: Developer shall provide a cross-access easement connecting to the commercially zoned property to the south. 7.5. SC-5: Developer shall construct the west half of Thousand Springs Drive to the full width including but not limited to curb, gutter, sidewalk, and asphalt to the standards of the City of Ammon. 7.6. SC-6: This commercial property shall have no direct access to South 25th East or East 49th South. Developer acknowledges that at some time in the future access may be limited to right in/right out as determined by the City Engineer. 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. Ammon City Council July 3, 2025 Regular Session Page 29 of 56 GRANITE CREEK COMMERCIAL NORTH STANDARD DEVELOPMENT AGREEMENT - Page 10 of 13 8.2. Waiver. Any waiver of any of the terms or conditions of this Agreement by City or Owner must be in writing to be effective and shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of City or Owner of applying to any subsequent breach of any such or other covenants and conditions. 8.3. Notices. Any and all notices, demands, requests, and other communications required to be given hereunder by either of the parties hereto shall be in writing and be deemed properly served or delivered if delivered by hand to the party to whose attention it is directed, or when sent, seven (7) days after deposit in the U.S. Mail, postage pre-paid, or upon the sending of a facsimile, followed by a copy sent by U.S. Mail as provided herein, addressed as follows: City: City of Ammon c/o City Administrator 2135 South Ammon Road Ammon, Idaho 83406 (208) 612-4051 Phone (208) 612-4009 Fax Owner: Blueskies and Tailwinds LLC 13975 South 1st East Idaho Falls, ID 83404 (404) 917-3405 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 Ammon City Council July 3, 2025 Regular Session Page 30 of 56 GRANITE CREEK COMMERCIAL NORTH STANDARD DEVELOPMENT AGREEMENT - Page 11 of 13 codes, fire codes, zoning ordinances, subdivision ordinances, or comprehensive plan provisions, unless expressly provided herein. 8.9. Invalid Provisions. If any provision of this Agreement is held not valid, such provision shall be deemed to be excised there from and the invalidity thereof shall not affect any of the other provisions contained herein. 8.10. Choice of Law. This Agreement shall be governed by the laws and decisions of the state of Idaho. 8.11. Certification of Compliance. Developer hereby certifies pursuant to Section 67-2346, Idaho Code, that the Developer, its wholly owned subsidiaries, majority owned subsidiaries, parent companies and affiliates, are not currently engaged in, and will not for the duration of this Agreement, knowingly engage in, a boycott of goods or services from Israel or territories under its control. Developer hereby certifies pursuant to Section 67-2359, Idaho Code, that the Developer, its wholly owned subsidiaries, majority owned subsidiaries, parent companies and affiliates, are not currently wholly or partly owned or operated by the Government of China or any company that is owned or operated by the Government of China. IN WITNESS WHEREOF, the City has by 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 Lauren Mosteller, Managing Member LLC ATTEST: _______________________________ Micah Austin, Interim City Clerk Ammon City Council July 3, 2025 Regular Session Page 31 of 56 GRANITE CREEK COMMERCIAL NORTH STANDARD DEVELOPMENT AGREEMENT - Page 12 of 13 STATE OF IDAHO County of Bonneville On this _____ day of _______________, 2025 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 _______________, 2025 before me the undersigned, a Notary Public in and for said State, personally appeared Lauren Mosteller, 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 City Council July 3, 2025 Regular Session Page 32 of 56 GRANITE CREEK COMMERCIAL NORTH STANDARD DEVELOPMENT AGREEMENT - Page 13 of 13 EXHIBIT A TO DEVELOPMENT AGREEMENT LEGAL DESCRIPTION Commencing at the Northwest corner in Section 3, Township 1 North, Range 38 East of the Boise Meridian, Bonneville County, Idaho; running North 89°41'54" East along the Section line 677.68 feet; thence South 00°24'38" East 50.00 feet to the TRUE POINT OF BEGINNING, said TRUE POINT OF BEGINNING being on the Southerly Right-of-Way line of 49th South; running thence S00°12'38"E, 360.36 feet; thence S89°41'54"W, 128.50 feet; thence N00°12'38"W, 360.29 feet; thence N89°41'54"E, 127.84 to the TRUE POINT OF BEGINNING. Parcel contains 1.06 Acres EXHIBIT B TO DEVELOPMENT AGREEMENT BMPO ACCESS MANAGEMENT PLAN JULY 2012 Ammon City Council July 3, 2025 Regular Session Page 33 of 56 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 1 Ammon City Council Meeting July 3, 2025 Mayor Coletti and City Council Members: Ron’s Tire Ammon Subdivision Standard Development Agreement Staff Presenting: Cindy Donovan – Planning Director Summary of Analysis 1. The plat was approved by the City Council on April 17, 2025 and subdivides the area to the north of Briar Creek Lane into 3 commercial lots 2. The Standard Development Agreement was discussed the same evening. The City Council requested the developer provide traffic generation information regarding the future installation of the traffic signal at the intersection of Ammon Road and John Adams Parkway. 3. SC-4 has been amended to show the results of the traffic analysis 4. The Future Land Use Map shows the property as Heavy Commercial 5. A 40’ Cross Access Easement is provided so each lot has access to Briar Creek Lane, a public street 6. Lot 1 is intended for a tire store. The use is categorized as Motor Vehicle Service in City Code, which is an allowed use in the CC-1 zone. 7. Right-of-way for Briar Creek Lane and Ammon Road are already deeded to the City of Ammon 8. No access will be allowed directly onto Ammon Road, as an access would be too close to Briar Creek Lane and the future connection of John Adams Parkway. Development Agreement: - SC-1: Developer shall dedicate to the City the fifty (50) foot Right of Way (ROW) and a fifteen (15) foot Public Utility Easement (PUE), to be constructed to the current City standards as required by the City Engineer. This Right of Way has been dedicated to the City. - SC-2: Developer shall improve Ammon Road to specifications provided by the City Engineer prior to Certificate of Occupancy. - SC-3: Developer agrees there will be no direct access from the site to Ammon Road. - SC-4: Developer shall pay $6,000 reflecting their provide a traffic analysis showing proportionate share (0.8%) of participation in the traffic signal to be installed at the corner of John Adams Parkway and Ammon Road prior to a Certificate of Occupancy. Parcel Characteristics - General Location: north of Briar Creek Lane, east of Midway Avenue, south of 1st Street, west of Ammon Road - Acres: 4.689 acres - Zoning: CC-1 Central Commercial Zone - Lots: 3 commercial lots - Average Lot Size: 1.563 acres/68,084 sq ft Ammon City Council July 3, 2025 Regular Session Page 34 of 56 2135 South Ammon Rd., Ammon, Idaho 83406 City Hall: (208) 612-4000 www.cityofammon.us Page | 2 Development Contributions: - Water Rights – Development will use pressurized irrigation or pay fee in lieu - Road Construction – Improvements to Ammon Road frontage and proportionate share of John Adams Parkway/Ammon Road traffic signal - Parks – Commercial Development, no contribution required - Law Enforcement – required in 6.34 of the Standard Development Agreement based on the current fee resolution. This calculation is based on the square footage and use of the property. Applicant’s Request - Approval of the Ron’s Tire Ammon Subdivision Standard Development Agreement - Presented by Chris Rogers, Ron’s Tire and Steve Heath, Mountain West Engineering Motion Approve I move to approve the Ron’s Tire Ammon Subdivision Standard Development Agreement subject to the following special conditions. (state conditions) Deny I move to deny the Ron’s Tire Ammon Subdivision Standard Development Agreement (state reasons for denial) Continue I move to continue the Ron’s Tire Ammon Subdivision Standard Development Agreement until further information can be obtained. (state information required) Attachments: 1. Ron’s Tire Ammon Standard Development Agreement 2. Ron’s Tire Traffic Analysis Ammon City Council July 3, 2025 Regular Session Page 35 of 56 RON’S TIRE STANDARD DEVELOPMENT AGREEMENT - Page 1 of 14 STANDARD DEVELOPMENT AGREEMENT (CITY OF AMMON/RON’S TIRE INC.) THIS AGREEMENT, made and entered into this 3rd day of July, 2025, by and between the CITY OF AMMON, a municipal corporation, of the County of Bonneville, State of Idaho, Party of the First Part, hereinafter called the “City,” and Ron’s Tire Inc., an Idaho Corporation, DBA Ron’s Tire & Motorsports, Party of the Second Part, hereinafter called the “Developer.” RECITALS: WHEREAS, the Developer is the sole owner, in law and/or equity, of a certain tract of land in Bonneville County, Idaho, more particularly described on Exhibit “A” attached hereto and made a part hereof; and WHEREAS, the Developer, as sole owner of said land, has made request to the City of Ammon to have the same accepted as a subdivision to said City and has submitted to the City a plat thereof which has been approved by the Planning and Zoning Commission and the City Engineer of the City, and WHEREAS, the tract of land described in Exhibit A is located within the City of Ammon; and WHEREAS, on April 2, 2025, the Ron’s Tire Inc. Final Plat was approved by the Planning and Zoning Commission; and WHEREAS, on April 17, 2025, the Ron’s Tire Inc. 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 July 3, 2025, the Mayor and City of Council of the City of Ammon, Idaho, considered the 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: Ammon City Council July 3, 2025 Regular Session Page 36 of 56 RON’S TIRE STANDARD DEVELOPMENT AGREEMENT - Page 2 of 14 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 Developer’s rights herein, shall expire if no building permit has been issued within five (5) years of the Effective Date. 4. DEVELOPER. The term “Developer” and the language of this agreement, whether it is more than one developer, shall be construed as plural, and if there are any parties that are feminine or are firms or corporations, the masculine shall include the feminine and the neuter. All terms and conditions of this agreement shall run with the land. 5. INCORPORATION OF RELATED AGREEMENTS, APPROVALS, PLANS, PERMITS AND OTHER DOCUMENTS. 5.1. The following agreements, approvals, plans, permits and other documents are hereby incorporated into and made an integral part of this Agreement by reference as if restated herein in full. 5.1.1. Annexation Agreement approved by the Ammon City Council on: October 6, 2005. 5.1.2. Final Plat approved by the Ammon City Council on April 17, 2025. 5.1.3. Improvement Drawings approved by the City Engineer on _____________,2025. 5.2. Any material failure to comply with the terms and conditions of any of the above-referenced agreements, approvals, plans, permits and other documents shall constitute a breach of this Agreement. 5.3. In the event of any inconsistency between the terms and conditions of this Agreement and the agreements, approvals, plans, permits and other documents listed above, the terms and conditions of this Agreement shall govern. 5.4. Except as provided otherwise in this Agreement, development of the Project shall be vested and governed by policies, procedures, guidelines, ordinances, codes and regulations of the City governing land use in effect as of the Effective Date of this Agreement. Any amendments or additions made during the term of this Agreement to City policies, procedures, guidelines, ordinances, codes or regulations shall not apply to or affect the conditions of development of the Project; provided, however, the following are exempt from vesting under this Agreement: 5.4.1. Plan review fees and inspection fees; 5.4.2. Amendments to building, plumbing, fire and other construction codes; 5.4.3. City enactments that are adopted pursuant to State or federal mandates that preempt the City’s authority to vest regulations. Ammon City Council July 3, 2025 Regular Session Page 37 of 56 RON’S TIRE STANDARD DEVELOPMENT AGREEMENT - Page 3 of 14 6. GENERAL REQUIREMENTS OF DEVELOPMENT. That Developer, jointly and severally, for himself, his heirs, representatives, itself, their successors and assigns, does hereby covenant, agree, and represent as follows: 6.1. That Developer will, before any construction is commenced, file or cause to be filed with the City Engineer a complete set of street, sewer, water, and drainage improvement plans for each proposed plat. Said improvement plans shall also show the proposed location of other utilities, i.e., telephone, gas, electricity, and irrigation facilities, and such others as may affect or be affected by the subdivision development on such property. Such plans and utility improvements shown thereon shall meet the approval of the City Engineer and shall be incorporated herein and made a part hereof by reference. The Developer shall construct and install all such improvements in accordance with the current Edition of the Idaho Standards for Public Works Construction adopted by the City of Ammon including compliance with all other City codes and ordinances including the City of Ammon standards as adopted. Acceptance of improvements to be determined by the City of Ammon only after completed inspections and certification provided by Developer from a licensed, professional engineer certifying that said subdivision construction has been completed in compliance with the published standards. The Developer shall make a formal request in writing to the City of Ammon City Engineer for final acceptance of all said improvements. 6.2. That Developer, shall, at their own expense, construct and install all sanitary sewers, storm drains, pumping stations, water lines and appurtenances, fire hydrants, curbs and gutters, sidewalks, landscaping, off-street parking, cross drains, streets, street surfacing, street and regulatory signs, parks, recreation amenities, open spaces, and/or other needed street or utility improvements as shown on the improvement plans. The Developer shall create a “dark sky” community, conforming with the International Dark Sky Guidelines. The Developer will phase the construction of roads and utilities as shown on the development drawings. Acceptance by the City, will be given for each improvement, upon the City Engineer finding the improvement meet standards, can be maintained by the City of Ammon, and will provide public benefits to the Ammon community. 6.3. That Developer, its successors or assigns will, at their own expense, construct and install all storm drainage systems and storm drain retention pond(s) as shown on the improvement plans. Retention ponds shall be sprinkled and landscaped following the standards for sprinklers and landscaping of retention ponds in the City of Ammon. Acceptance and conveyance of any parcel in which a retention area is located will occur only after completion and acceptance of drainage infrastructure, landscaping, sprinkling, and any public amenities necessary for the retention pond to be of benefit to the City of Ammon. Additional improvements shall be required by the City on a case-by-case basis to ensure that the retention areas are a public benefit to the Ammon community. Additional improvements may include playground equipment, park amenities, walking paths, park structures, recreation amenities, or other improvements that enhance the public open space and provide benefit to the Ammon community. Satisfactory acceptance by the City of any above-grade improvements to retention areas shall be determined by the City Administrator. Ammon City Council July 3, 2025 Regular Session Page 38 of 56 RON’S TIRE STANDARD DEVELOPMENT AGREEMENT - Page 4 of 14 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 8” diameter 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. 6.7. That Developer will obtain easements, design and construct the water line as shown in the improvement drawings within the Development. An 8” diameter water line 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 extending water lines to Developer’s property. The property described herein will be serviced by the City of Ammon water system, unless specifically agreed to by both Developer and the City of Ammon. Ammon City Council July 3, 2025 Regular Session Page 39 of 56 RON’S TIRE STANDARD DEVELOPMENT AGREEMENT - Page 5 of 14 6.8. Developer shall construct a temporary access for all construction related to the project and shall not use existing streets for accessing the development. If no temporary access can be constructed and Developer must use existing streets for access, Developer shall complete a pre-construction survey of the street conditions for all public streets and related infrastructure that provide access to the development prior to commencement of all construction. The street survey shall be completed by a Professional Engineer licensed in the State of Idaho assessing the existing conditions prior to commencement of any construction. At the conclusion of the project, a post-construction survey shall be completed by a Professional Engineer licensed in the State of Idaho assessing any damages caused by construction of the development. Developer shall mitigate and pay or otherwise reimburse City for all damages to the streets caused by construction of the development as directed by the City Engineer. 6.9. That Developer will reimburse the City for all costs associated with checking and approval of subdivision plats and improvement drawings. 6.10. That Developer shall prepare, execute, and record protective covenants that are not in variance with the zoning established by the City. 6.11. That Developer shall construct and install all such improvements in strict accordance with the filed and approved street (including adjacent arterial and collector roads), sewer, water, and drainage improvement plans and the City standard drawings and construction specifications current and in effect at the time the construction of said improvements is accomplished, or as otherwise agreed between the Developer and the City if the standards and specifications are more restrictive and onerous at the time of construction than at the time of the execution of this document. 6.12. That Developer shall pay or reimburse City for its reasonable share of all street improvements adjacent to the development, including water mains and lines, sewer lines, street paving, bridges, and other improvements such as but not limited to curb, gutter, sidewalks, and street lights, and does covenant that the City shall not have any maintenance responsibilities for the same until expiration of the two (2) year warranty period as provided for in the paragraph above, provided such improvements are constructed by Developer. 6.13. That Developer shall provide the City Engineer with at least fifteen (15) days advance written notification of when and of what portion or portions of said street 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. Ammon City Council July 3, 2025 Regular Session Page 40 of 56 RON’S TIRE STANDARD DEVELOPMENT AGREEMENT - Page 6 of 14 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. 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 for development agreement and zoning changes, ordinance publication costs for development and public hearings, etc. Ammon City Council July 3, 2025 Regular Session Page 41 of 56 RON’S TIRE STANDARD DEVELOPMENT AGREEMENT - Page 7 of 14 6.20. In accordance with Idaho Code 67-6537, surface water is required as the primary water source for irrigation. Developer shall construct said pressurized irrigation system consistent with pressurized irrigation system standards and based on approval by the City Engineer. Developer shall construct a pressurized irrigation system to service all lots, parcels, and common areas within the subdivision. Developer shall receive approval of the pressurized irrigation system design prior to installing any components of the system. Pressurized Irrigation system shall become property of the City of Ammon, provided the following criteria are met: 1) Construction of the system is complete; 2) Developer has shown the system is fully operational for one (1) full operational season; and 3) Developer has shown the system is capable of providing the primary water source for irrigation to all lots and parcels within the subdivision. Developer shall be responsible for all defects and deficiencies in the pressurized irrigation system for two (2) years from the date it is turned over to the City of Ammon. A guarantee of completion in accordance with City Code 10-29-17 shall be provided prior to issuance of building permits within the subdivision. Upon transfer of the system to the City of Ammon, the City shall be responsible for all operations and maintenance of the pressurized irrigation system. If surface water is not deemed reasonably available minimum compensatory groundwater rights, deemed acceptable by the City of Ammon, may be purchased and transferred to the City of Ammon in accordance with City Code 8-10. 6.21. That Developer agrees no well to provide culinary, irrigation or water for any other use without the written permission by the City Engineer, shall be drilled upon said property after the recording date of this development agreement. Further that any ground water rights including any existing well, lines or other infrastructure on the property shall be dedicated or transferred to the City of Ammon. 6.22. That prior to the approval of a final plat in said subdivision, Developer shall construct and install all Public improvements as required by the approved improvement drawings for said subdivision. Public improvements shall include but not be limited to: roads, phone, electric, public water, public sewer, fire protection, cable, fiber ducts, fiber vaults, lighting and required landscaping, curb, gutter, sidewalks and drainage systems. 6.23. That Developer shall be required to construct and install all Public improvements as required by the approved improvement drawings for each subdivision or division thereof prior to the issuance of any building permit for said subdivision or produce a guarantee of completion in compliance with City Code 10-29-17. This guarantee of completion shall be provided in lieu of completing all infrastructure improvements prior to issuance of building permits within a subdivision as required in the City of Ammon. 6.24. That when arterial roadway or infrastructure is required as part of a preliminary plat on property located within this agreement; the Developer shall install street lights as required by the City Engineer on the improvement drawings for the development. Those lights shall meet the most current standards for arterial street lighting as adopted by the City of Ammon or the equivalent as offered by Rocky Mountain Power. Ammon City Council July 3, 2025 Regular Session Page 42 of 56 RON’S TIRE STANDARD DEVELOPMENT AGREEMENT - Page 8 of 14 6.25. That Developer shall pay any front footage fees applicable to said property. 6.26. That Developer shall request that the City form a lighting district upon recording of a final plat related to this agreement. Said district shall include all public street/security lighting related to the property within the boundaries of this agreement. Developer agrees to pay for or reimburse City for all costs associated with the formation of said lighting district. 6.27. That Developer shall conduct and provide a traffic study in accordance with the current BMPO Access Management Plan Section 6.3. The traffic study shall be prepared and stamped by a Professional Engineer (PE) licensed in the State of Idaho which has expertise in traffic studies. See Exhibit B at the end of this document. The developer shall pay for all traffic improvements recommended by the traffic study that are necessary to address public health, safety and welfare. Prior to issuance of any Certificate of Occupancy for the Development, all traffic improvements recommended by the traffic study shall be complete and approved by the City Engineer. 6.28. That Developer shall provide required street markings and signage to match city standards and BMPO Connecting Our Communities directives to include such markings and signage as required by the City Engineer. 6.29. That Developer shall petition the 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 at 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. Ammon City Council July 3, 2025 Regular Session Page 43 of 56 RON’S TIRE STANDARD DEVELOPMENT AGREEMENT - Page 9 of 14 6.33. Developer shall pay the amount, as provided in the current City of Ammon Fee Resolution at the time of the issuance of the building permit, per residential unit to be dedicated to parks and open space improvements within the general vicinity of the proposed development. All of the Parks Contribution Fees for the entire development shall be paid prior to issuance of any building permit. 6.34. Developer shall pay the Law Enforcement Contribution Fee, as provided in the current City of Ammon Fee Resolution at the time of the issuance of the building permit, for each commercial and/or residential unit. 7. SPECIAL CONDITIONS. That this Development Agreement shall be subject to the following special conditions. To the extent otherwise inconsistent, special conditions shall take the precedent over all other terms: 7.1. SC-1: Developer shall dedicate to the City the fifty (50) foot Right of Way (ROW) and a fifteen (15) foot Public Utility Easement (PUE), to be constructed to the current City standards as required by the City Engineer. The Right of Way has been dedicated. 7.2. SC-2: Developer shall improve Ammon Road to specifications provided by the City Engineer prior to Certificate of Occupancy. 7.3. SC-3: Developer agrees there will be no direct access from the site to Ammon Road. 7.4. SC-4: Developer shall pay $6,000 reflecting their provide a traffic analysis showing proportionate share (0.8%) of participation in the traffic signal to be installed at the corner of John Adams Parkway and Ammon Road prior to a Certificate of Occupancy. 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 Ammon City Council July 3, 2025 Regular Session Page 44 of 56 RON’S TIRE STANDARD DEVELOPMENT AGREEMENT - Page 10 of 14 (208) 612-4051 Phone (208) 612-4009 Fax Owner: Ron’s Tire Inc. DBA Ron’s Tire & Motorsports 1255 N Holmes Ave. Idaho Falls, ID 83401 (208) 523-4442 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. 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 Ammon City Council July 3, 2025 Regular Session Page 45 of 56 RON’S TIRE STANDARD DEVELOPMENT AGREEMENT - Page 11 of 14 the Government of China or any company that is owned or operated by the Government of China. 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 Chris Rogers ________________________________ Ron Baxter ________________________________ Ross Baxter ________________________________ Jaxon Baxter ATTEST: _______________________________ Kristina Buchan, City Clerk Ammon City Council July 3, 2025 Regular Session Page 46 of 56 RON’S TIRE STANDARD DEVELOPMENT AGREEMENT - Page 12 of 14 STATE OF IDAHO County of Bonneville On this _____ day of _______________, 2025 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 _______________, 2025 before me the undersigned, a Notary Public in and for said State, personally appeared Chris Rogers, known or identified to me to be the individual that executed the attached Development Agreement and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF: I have set my hand and affixed my official seal the day and year first above written. Notary Public for the State of Idaho Residing in Bonneville County, Idaho Commission Expiration Date: STATE OF IDAHO County of Bonneville On this _____ day of _______________, 2025 before me the undersigned, a Notary Public in and for said State, personally appeared Ron Baxter, 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 City Council July 3, 2025 Regular Session Page 47 of 56 RON’S TIRE STANDARD DEVELOPMENT AGREEMENT - Page 13 of 14 STATE OF IDAHO County of Bonneville On this _____ day of _______________, 2025 before me the undersigned, a Notary Public in and for said State, personally appeared Ross Baxter, known or identified to me to be the individual that executed the attached Development Agreement and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF: I have set my hand and affixed my official seal the day and year first above written. Notary Public for the State of Idaho Residing in Bonneville County, Idaho Commission Expiration Date: STATE OF IDAHO County of Bonneville On this _____ day of _______________, 2025 before me the undersigned, a Notary Public in and for said State, personally appeared Jaxon Baxter, 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 City Council July 3, 2025 Regular Session Page 48 of 56 RON’S TIRE STANDARD DEVELOPMENT AGREEMENT - Page 14 of 14 EXHIBIT A TO DEVELOPMENT AGREEMENT LEGAL DESCRIPTION A PARCEL OF LAND THAT LIES FULLY WITHIN THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 2 NORTH RANGE 38 EAST, BOISE MERIDIAN. BEING 4.689 ACRES OF LAND AS FOUND IN THE WARRANTY DEED INSTRUMENT NUMBER 1721455 AS FOUND IN THE BONNEVILLE COUNTY RECORDER'S OFFICE. BASIS OF BEARING FOR THE SUBJECT PROPERTY IS SOUTH 00° 28' 59” EAST 2629.03 FEET BETWEEN THE FOUND SOUTHEAST CORNER AND THE EAST QUARTER CORNER OF SAID SECTION 22. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A SET 5/8" IRON ROD AND CAP MARKED PLS 20907, SAID POINT LIES 1496.54 FEET NORTH 00° 28' 59" WEST ALONG THE SECTION LINE AND 286.83 FEET NORTH 00° 28' 59" WEST (287.04 FEET BY RECORD) ALONG THE SECTION LINE AND 50.01 FEET NORTH 89° 22' 39" WEST (NORTH 89° 22' 56" WEST BY RECORD) FROM THE SOUTHEAST CORNER OF SECTION 22. TOWNSHIP 2 NORTH, RANGE 38 EAST OF THE BOISE MERIDIAN TO THE TRUE POINT OF BEGINNING; RUNNING THENCE SOUTH 00° 28' 59" EAST 256.60 FEET, SAID LINE BEING 50 FEET WEST AND PARALLEL WITH THE SECTION LINE TO A SET 5/8" IRON ROD AND CAP MARKED PLS 20907; THENCE SOUTH 44° 12' 34" WEST 42.20 FEET TO A NON-TANGENTIAL CURVE AND TO THE NORTH LINE OF THE BURR SUBDIVISION, DIVISION NO. 1, TO THE CITY OF AMMON, COUNTY OF BONNEVILLE, STATE OF IDAHO ACCORDING TO THE RECORDED PLAT THEREOF AND TO A SET 5/8" IRON ROD AND CAP MARKED PLS 20907; THENCE RUNNING THE FOLLOWING (4) FOUR COURSES ALONG THE NORTH LINE OF SAID BURR SUBDIVISION (1) WESTERLY 170.26 FEET ALONG THE ARC OF A 830.00 FOOT RADIUS CURVE TO THE LEFT THROUGH A DELTA ANGLE OF 11° 45' 13" (NOTE: LONG CHORD BEARS SOUTH 83° 01' 31" WEST 169.97 FEET) TO A FOUND 5/8" IRON ROD WITH NO CAP; (2) SOUTH 77° 08' 53" WEST 234.79 FEET TO A TANGINTIAL CURVE AND TO A FOUND 5/8" IRON ROD AND CAP MARKED PLS 722; (3) WESTERLY 174.00 FEET ALONG THE ARC OF A 740.00 FOOT RADIUS CURVE TO THE RIGHT THROUGH A DELTA ANGLE OF 13° 28' 21" (NOTE: LONG CHORD BEARS SOUTH 83° 53' 04" WEST 173.60 FT) TO A FOUND 5/8" IRON ROD AND CAP MARKED PLS 722; (4) NORTH 89° 22' 46" WEST 9.99 FEET TO THE EAST LINE OF TRAILWOOD VILLAGE, DIVISION NO. 9 TO THE CITY OF AMMON, COUNTY OF BONNEVILLE, STATE OF IDAHO, ACCORDING TO THE RECORDED PLAT THEREOF AND TO A FOUND 1/2" IRON ROD AND CAP MARKED PLS 722; THENCE NORTH 00° 22' 06" West 384.73 FEET (NORTH 00° 23' 19" WEST 384.88 FEET) ALONG SAID LINE TO A FOUND 1/2" IRON ROD AND CAP MARKED PLS 10944; THENCE SOUTH 89° 22' 39" EAST 609.99 FEET (SOUTH 89° 22' 56" EAST BY RECORD) TO THE TRUE POINT OF BEGINNING THE ABOVE-DESCRIBED PARCEL OF LAND CONTAINS 204,254 SQUARE FEET OR 4.689 OF AN ACRE OF LAND EXHIBIT B TO DEVELOPMENT AGREEMENT BMPO ACCESS MANAGEMENT PLAN JULY 2012 Ammon City Council July 3, 2025 Regular Session Page 49 of 56 MOUNTAIN WEST ENGINEERING P.O. Box 244, Rigby, ID 83442 208-541-1155 steve@mwengr.com June 25th 2025 Mr. Tracy Bono Public Works Director & City Engineer City of Ammon Public Works 3451 Ard Dr Ammon, Idaho 83406 TBono@citofammon.us cc: Subject: Traffic Impact Memorandum – Ron’s Tire and Motorsports, Point S Mr. Tracy Bono, This Traffic Impact Memorandum (TIM) is prepared by Mountain West Engineering (MWE) in support of the subject property, ‘Ron’s Tire & Motorsports, Point S’ (RTM). Project Detail: RTM is a tire store and service center (Land Use Code 848), with net main floor gross square feet (Gsqft)14,821, and access off Briar Creek Ln, and notional access off John Adams Pkwy, via an N-S easement, along the East lot line. Located in Bonneville County, Ammon ID, 83406 at the intersection of S. Ammon Rd and Briar Creek Ln; Legal description: located in the SE quarter of section 22, township 2 N, Range 38, East Boise Meridian, shown in the construction documents as Lot 1, Block 1, Ron’s Tire Ammon Subdivision. Parcel number: RPB00000227585. Summary of (TIM) Need: As can been seen below in exhibits 1-4, the projected increase in net new peak-hour vehicle trips attributed to RTM does not necessitate the completion of a formal TIS per BMPO 25’ standards. While a formal TIS is not required, a simple TIM has been requested to evaluate the projected additional Daily Trips generated by RTM, the traffic impact those Daily Trips would have on the proposed John Adams & Ammon Rd. traffic light, and to establish a “fair share contribution. Calculation Detail: On the approval of Tracy Bono, 2019 BMPO historical counts for Ammon Rd. were increased by 20% to project to 2025, producing a final AADT for Ammon Rd. of 19,868. As a result of continued coordination with the city, the AADT for the proposed John Adams Pkwy. Extension was projected to be approx. 2000. Exhibits 1-3 illustrate AM, PM, and Adjacent Street Peak-Hour traffic periods, respectively. Exhibit 4 illustrates Weekday Average Daily Trips (ADT). Using the above AADT’s for both Ammon Rd (19,868). & John Adams Pkwy (2000), and the RTM generated ADT’s found in exhibit 4 (410), the proposed directional percentages were then illustrated on the attached exhibit. Calculations (Exhibit 1 – Exhibit 4 and the attached Rons Tire- Traffic Signal “Fair Share” Contribution Analysis): A. Peak Counts a. Peaks: i. AM Peak: 53 trips (27/entry 26/exit) ii. PM Peak: 55 trips (25/entry 30/exit) Ammon City Council July 3, 2025 Regular Session Page 50 of 56 2 iii. Adjacent Street Peak: 56 trips (24/entry 32/exit) b. Average Daily Trips: 410 (205/entry 205/exit) B. Directional Percentage Distribution (See attached Exhibit) C. Projected Traffic Light Activity (minus RTM contribution) a. Ammon Rd., North/South- 19, 868 trips b. John Adams Pkwy., East/West- 2000 trips c. Total Trips= 21,868 trips D. RTM generated Traffic Light Contribution a. Ammon Road, North/South traffic- 131 trips b. John Adams, East/West traffic- 41 trips c. Total RTM contribution- 171 trips Conclusion: The purpose of this TIM is to evaluate the projected additional Daily Trips generated by RTM, the traffic impact those Daily Trips would have on the proposed John Adams & Ammon Rd. traffic light, and to establish a “fair share contribution, as stated above. It has been shown that RTM will generate approx. 172 new trips traveling through the intersection in question. 172 new trips equate to 0.8% of the total 21,868 trips. The approx. cost of the proposed traffic light is $750,000.00. It is our recommendation that RTM be asked to contribute 0.8% of the approx. total cost of installation or $6,000.00 as a “fair share contribution”, as required by current City of Ammon & BMPO standards. Regards, Ryan Singleton Project Engineer Mountain West Engineering Ammon City Council July 3, 2025 Regular Session Page 51 of 56 3 Exhibit 1: Hourly Distribution of Entering and Exiting Vehicle Trips by Land Use for Category 848, Tire Store. Weekday, AM Peak Hour. Ammon City Council July 3, 2025 Regular Session Page 52 of 56 4 Exhibit 2: Hourly Distribution of Entering and Exiting Vehicle Trips by Land Use for Category 848, Tire Store. Weekday, PM Peak Hour. Ammon City Council July 3, 2025 Regular Session Page 53 of 56 5 Exhibit 3: Hourly Distribution of Entering and Exiting Vehicle Trips by Land Use for Category 848, Tire Store. Weekday, Peak Hour of Adjacent Street. Ammon City Council July 3, 2025 Regular Session Page 54 of 56 6 Exhibit 4: Hourly Distribution of Entering and Exiting Vehicle Trips by Land Use for Category 848, Tire Store. Weekday. Ammon City Council July 3, 2025 Regular Session Page 55 of 56 Ammon City Council July 3, 2025 Regular Session Page 56 of 56