BLACK CANYON MIDDLE SCHOOL

IONA BONNEVILLE SEWER DISTRICTDEVELOPMENT AGREEMENT AND WARRANTYBLACK CANYON MIDDLE SCHOOLThis AGREEMENT, made this j ay of April, 2019, by and between the IONA BONNEVILLESEWER DISTRICT, hereinafter called "IBSD," 3395 E. Leihm Lane, Idaho Falls, Idaho 8340 I, andBonneville Joint School District 93 , 3497 N. Ammon Road, Idaho Falls, Idaho 83401 , hereinaftercalled "DEVELOPER.WITNESSETH:WHEREAS, Developer is the sole owner, in law or equity, of a certain tract of land in theCounty of Bonneville, State ofldaho, hereinafter called " middle school," named Black CanyonMiddle School and more particularly described as:Legal Description:A parcel of land being part of the South 112 of Section 13 , Township 2 North, Range 38 East, BoiseMeridian and also a part of Ridge View Division No. 2, Bonneville County, Idaho recorded asInstrument No. 1532218 described as follows ;Commencing at the South East 1/16 Corner as shown on said Ridge View Division No. 2 andrunning S89 56'42"W, 519.39 along the south l/16th line; to the TRUE POINT OF BEGINNING,thence S00 57'54"W, 715.59 feet; thence N89 01 '23"W, 933.24 feet; thence NOl 0 40'05"E, 254.39feet; thence Nl4 17'12"E, 458.69 feet to a point on the south I/16th line; thence along said southline N89 56'42"E, 824.56 feet to the True Point of Beginning.Parcel Contains 14.57 AcresWHEREAS, Developer desires to develop the middle school within the boundaries of theIBSD and has submitted a plat bearing the subdivision name described in the caption of thisAgreement; andWHEREAS , IBSD is willing to provide sewage collection and treatment services to themiddle school ; andWHEREAS , the IBSD engineer has recommended such development of the middle schoolwithin the IBSD boundaries, subject to certain requirements and obligations on the part of theDeveloper; andNOW , THEREFORE, in consideration of the covenants and conditions set forth herein, theparties agree as follows:1. Developer shall timely pay or deposit with IBSD, funds necessary to cover all plancheck fees and other fees as assessed by IBSD and associated with the development of the middleschool. In the event the Developer fails or refuses to pay any of the fees , charges or costs set forthherein , IBSD may de-annex the entire development, middle school or any property owned by theDeveloper, or declare the entire unpaid balance immediately due and payable and collect such sumsDevelopment Agreement- Bonneville County Joint School District 93 Middle SchoolPage I of6

in the manner provided by law, or may pursue any other remedy set forth herein or as may beavailable at law or in equity. All such remedies shall be cumulative and IBSD may pursue the sameseparately or simultaneously as it deems necessary or appropriate. ln the event of such acceleration,all sums due shall bear interest at the rate established by law for judgments entered in the State ofIdaho.2. All construction and installation of sewer lines on the subject property, including any andall infrastructure items addressed herein previously constructed, will be pursuant to the standards,requirements and specifications of IBSD, the City of Idaho Falls, hereinafter the "City," and allapplicable engineering standards. Proposed construction plans shall be submitted to IBSD prior toconstruction and modifications to approved construction plans shall be resubmitted for review andapproval.3. At certain times during the course of construction of the sewer lines, as determined byIBSD, Developer will give notice to IBSD, regarding the progress of construction. Developer willprovide said notice at least once per month while construction is ongoing, and upon request byIBSD. Connections to the mainline require inspection by an approved, authorized inspector ofIBSD with forty-eight ( 48) hour notification.4. Easements shall be provided and kept free from any structure or obstruction, which willinterfere with IBSD operating, repairing and maintaining such sewerage improvements andappurtenances.5. Developer shall obtain all right-of-way, excavation or other permits required by localordinance and comply with all requirements therein with respect to the timely performance of thework governed by such permits.6. It is recognized by the Developer that waste and discharge from the Black CanyonMiddle School and Thunder Ridge High School will flow through an existing lift station (FairmontLift Station) and the Developer will be charged a surcharge in addition to the standard IBSDconnection fee as determined by the IBSD Board of Directors. Recent improvements to the liftstation were based on student and faculty not to exceed 2, 100 persons contributing to the lift station.The addition of Black Canyon Middle School has not been considered in the sizing for this liftstation and is estimated to increase contributions to approximately 2,550 faculty and staff total.IBSD requires the Bonneville Joint School District 93 install a permanent flow meter measuringeither influent or effluent flow at the Fairmont Lift Station capable of recording time andmeasurements in a data logger for daily and peak hour flows. When flow reaches 85% of the currentlift station capacity, then the Bonneville County Joint School District 93 agrees to upgrade the liftstation (this may or may not include wet well, pumps, piping, and/or controls) to accommodate theincreased and potential future increase in flow to the Fairmont Lift Station.7. Upon completion of installation of the sewer lines, but before placement of asphalt andstructural fill , the following tests and inspections must be completed in accordance with IdahoStandards for Public Works Construction (ISPWC) Sec. 501:a.b.c.d.e.Connection to IBSD sewer system;Low Pressure Air Test;Deflection test;Television Inspection ; andVisual inspection.Development Agreement - Bonneville County Joint School District 93 Middle SchoolPage 2 of6

Idaho Falls then inspects the sewer lines with closed circuit television and may or may not acceptthe sewer lines for maintenance. There is a cost for all inspections by Idaho Falls and Developerwill be billed directly by IBSD for all inspections. If a second inspection by Idaho Falls isnecessary and/or required, the Developer will pay any and all charges associated with the secondinspection of the sewer lines by Idaho Falls.8. Within thirty (30) days, after completion of the construction and installation of sewerlines on the subject property, the Developer will provide written certification to IBSD fromDeveloper's engineer, that the sewer line was constructed and installed pursuant to applicable plans,specifications, laws and requirements, including approval from IBSD's engineer.9. It is agreed that IBSD shall not have any control of, or ownership interest in sewer linelaterals on said property and/or subdivision, nor have any obligation or duty to maintain or repairsaid lines, or take any remedial action with regard to sewer back-ups, clogs, or other problemswhatsoever, which may arise.10. Within six (6) months of completion of the sewer line on the subject property and/ormiddle school , the Developer will provide "As-Constructed" drawings to IBSD and the City ofIdaho Falls. These drawings must be submitted in electronic form accompanied by two full plansheet sets of the final construction drawings and plat.11. Following the completion of the foregoing requirements by the Developer, a one (1)year warranty will apply to the sewer lines, on the part of the Developer to IBSD, warranting thateach line was built and installed in a workman like manner consistent with all applicable standards,laws and regulations, including but not limited to, concrete collars on all manholes. After the oneyear warranty period expires, IBSD shall take ownership of the sewer lines upon completion of thefinal video inspection by IBSD and final approval by IBSD. A deposit for the cost of videoinspection shall be made by the developer to IBSD prior to issuance of this Agreement. Payment tocamera/video the sewer lines shall be paid in advance to IBSD by the Developer and IBSD shallhire the contractor for video inspection.12.During construction and the one (1) year warranty period, Developer will beresponsible for the cost of all repairs to sewer lines. During such period, Developer shall furtheragree to indemnify, defend, and hold IBSD harmless as against any claims arising from thedevelopment of the subject property and installation of sewer lines. Developer's obligation toindemnify, defend, and hold harmless shall continue beyond the one (I) year period as to any latentand/or unknown defects applicable to the sewer lines.13.This Agreement shall automatically expire within two (2) years if the Developerdoes not complete the Subdivision to the satisfaction of both the appropriate governmental entity inwhich the subdivision is located and IBSD. If this Agreement expires, the Developer agrees toeither re-apply with IBSD by signing a new Agreement or request an extension of the Agreementwith the IBSD Board of Directors.14.This Agreement supersedes any and all prior agreements, contacts, etc., which mayor may not exist between IBSD, the Developer or any and all concerned with this specific realproperty and development addressed herein.15. Any controversy between the parties to this Agreement, involving the construction orapplication of any of the terms, provisions, or conditions of this Agreement, including but notlimited to, all claims, counterclaims, disputes or other matters, shall on written request of eitherDevelopment Agreement - Bonneville County Joint School District 93 Middle SchoolPage 3 of6

party, served on the other, be first submitted to mediation before any complaint for damages be filedin any Court in the competent jurisdiction ofldaho .16. The venue for any claim or action arising out of this Agreement shall be located in theDistrict Court of the Seventh Judicial District of the State of Idaho, or in the U.S. District Court inand for the District of Idaho. This Agreement shall also be interpreted in accordance with the lawsof the State ofldaho.17. This Agreement shall be binding upon the successors and assigns of the parties hereto.18. This Agreement evidences the complete and final agreement of the parties hereto and noother statement, prior representation or understanding shall be binding, except as expressly set forthherein.19. If any provision of this Agreement is held by a Court of competent jurisdiction to beinvalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force andeffect without being impaired or invalidated in any way.20. In the event it becomes necessary to enforce the terms and provisions of this Agreementby suit or legal action, the prevailing party shall be entitled to recovery of its reasonable attorneyfees and costs.DEVELOPERBy: For BONNEVILJONA BONNEVILLE SEWER DISTRICTBy DO anagerDevelopment Agreement - Bonneville County Joint School District 93 Middle SchoolPage 4 of6