Fillable DEVELOPMENT AGREEMENT (Teton County Idaho)

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DEVELOPMENT AGREEMENT (Teton County Idaho)

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Recording Requested By and

When Recorded Return To:

Planning Administrator

Teton County Planning Department

150 Courthouse Drive, Ste. 107

Driggs, Idaho 83422

________________________________________________________________________

For Recording Purposes Do

Not Write Above This Line

DEVELOPMENT AGREEMENT

FOR _________________________ SUBDIVISION (or PUD)

THIS AGREEMENT is made and entered into as of the_____ day of __________, 20____, by and

between _________________________________ and/or assigns (hereafter “Developer”) and

Teton County Idaho, a political subdivision of the State of Idaho (hereafter “County”).

WHERAS, the Subdivision was approved under the ______________, 20____ Teton County

Code.

WHEREAS, it is the intent and purpose of the Developer to meet the conditions of approval for the

final plat allowing the creation of_____________________________________, as approved by

the Board of County Commissioners of Teton County on _____________, 20____.

WHEREAS, the Developer is the sole owner, in law or equity, of certain Property located in the

County, which Property is hereinafter referred to as the “Development”.

WHEREAS, it is the intent and purpose of the Developer and the County to enter into this

Agreement that will guarantee the full and satisfactory completion of the required Improvements

on the Property described in this Agreement and it is the intent of this Agreement and the parties to

satisfy the Improvement guarantee requirements for the final plat recordation of the subdivision.

WHEREAS, the County has the authority to enter into a development Agreement for the

construction of required Improvements associated with the Development.

NOW THEREFORE, in consideration of the mutual covenants and conditions contained herein,

the parties agree as follows:

Section 1. Definitions

1.1 DEVELOPMENT: The subject of this Agreement, which is designated and

identified as _________________________________ located on the Property

described in Exhibit A in the jurisdiction of Teton County, Idaho. This definition

shall include any and all future names or titles for

___________________________.

1.2 IMPROVEMENT: Any alteration to the land or other physical construction

located on or off the Property that is associated with this subdivision/PUD and

building site developments.

1.3 OWNER/DEVELOPER: means and refers to ___________________ whose

address is ____________________________, the party that owns and is developing

said Property and shall include and subsequent owner(s) or developer(s) of the

Property.

1.4 PROPERTY: means and refers to the certain parcel(s) of Property located in the

County of Teton, as described in Exhibit A.

1.5 UNAVOIDABLE DELAY: When construction is impeded as a result of strikes,

lockouts, acts of God or other factors beyond the control, and ability to remedy, of

the Developer.

Section 2. Planned Improvements. The Developer has divided the installation of the required

Improvements into ____ phases. The Developer shall, in conjunction with each phase, and at its

sole cost and expense, complete the road construction, install entrance and street signs, install

telephone and electrical service, install fire protection, install approved landscaping, stabilized and

re-seed areas of the Property disturbed by installation of Improvements, and complete all other

required infrastructure for each phase as detailed in the

__________________________________________ Improvement plans dated ____________,

20___ , recorded in the Teton County Clerk and Recorders office on _________, 20___. Such

Improvements shall be constructed so that each phase is “stand alone” in terms of providing

Improvements to the lots and units in that phase. Developer agrees that such Improvements shall

be installed in compliance with Teton County’s Title 9 and any design and engineering standards

separately adopted by the County or other agencies responsible for providing services to the

Development. The ____________________________________________’s estimated cost to

complete all Improvements as of _______________, 20__ is shown in Exhibit B of this

Agreement. The Developer shall obtain an updated cost estimate within ninety (90) days prior to

obtaining its Letter of Credit and starting construction of any Improvements in every phase, as set

forth in Section 8 hereof. The phasing plan for the Development is shown in Exhibit C of this

Agreement.

Section 3. Signs. The Developer understands and agrees to install subdivision entrance sign(s)

and street signs prior to the County being able to issue a building permit for a dwelling within the

Development. Such signs shall be non-reflective and built in accordance with Teton County

requirements, and in a size and shape appropriate to meet ASHTO standards.

Section 4. Public Improvements. The Developer shall designate the following roads as private

for public use: _________________, __________________, ___________________, and

___________________. The Developer shall maintain all public facilities, improvements, and

open space for the Development according to Teton County standards and any standards separately

adopted by the agencies responsible for providing services to the Development, until such time as

the responsibility for maintenance of the public improvements and open space is turned over to the

Homeowner’s Association for this Phase of the Development. This transfer of maintenance

responsibility shall occur when ____% of the lots or units have been sold. The Homeowner’s

Association shall collect dues, a portion of which will be used for maintenance of the public

improvements and open space. The Developer shall notify the planning department in writing

when the Homeowners Association is established and when the transfer of maintenance

responsibility has occurred. A mailing address for future notifications shall also be provided.

Section 5. Off-Site Improvements. The Developer shall construct all off-site Improvements

shown on the recorded Improvement Plans for ___________________________________

following the design, engineering, and standards of the agency responsible for the Improvement(s).

Off-site Improvements shall be included in the engineer’s cost estimate requirements as set for in

Section 2 of this Agreement. Developer may seek pro-rata compensation for these off-site

Improvements as provided for in Title 9 of the Teton County Code and Section 41 of this

Agreement.

Section 6. Building Permits. No lots or units may be offered for sale or sold (warranty deeds

transferred) prior to recordation of the final plat which shall be approved upon completion of

improvements according to the Improvement Plan. The fire protection, including all weather

road(s), shall be operational per the Fire District’s inspection and written approval, and street signs

installed, before any building permit shall be issued by the County. Furthermore, no certificate of

occupancy for residential units shall be given until all Improvements have been completed and

accepted in writing by the County.

Section 7. Schedule for Commencement and Completion of the Improvements. The Developer

shall commence construction of the Improvements for Phase One within ____ years after the

recording of the approved final plat, and will complete construction of the Improvements within

_____ years after commencement of construction of such Improvements. Subsequent phases shall

complete the Improvements no later than ___ years from the effective date of the Development

Agreement for each phase. The Developer may be allowed extensions of time beyond the

commencement or completion date for unavoidable delays caused by strikes, lockouts, acts of God,

or other factors beyond the control, and ability to remedy, of the Developer upon application and

granting of such request by the Board of County Commissioners. However, except for extensions

for commencement of Improvements allowed for such unavoidable delays, if Developer does not

commence construction of the Improvements within _____ years of recording of the final plat, the

Developer will lose its approvals and entitlements for ________________________________and

will have to reapply for approval for any planned unit development or subdivision under the then

current County subdivision ordinance. If the developer does not complete construction of the

Improvements by , 20 , the Developer will lose its approvals

and entitlements and will have to reapply for approval under the then current County subdivision

ordinance. The County may choose to use the posted surety to complete the Improvements if the

developer has not done so and there is a public benefit to having the Improvements complete.

Section 8. Future Phases. The Developer and County acknowledge that Phase Two and all

subsequent phases of ______________________________________ will require approval by the

Teton County Planning Administrator demonstrating that the plan for that phase is in substantial

accordance with the approved and recorded Master Plan for the Development as defined in Teton

County Code 9-3-5-C and D. Final plat submittals for future phases shall require review by the

Planning Administrator and approval by the Board of County Commissioners, as long as the final

plat of the future phase conforms to such Master Plan. If the Teton County Planning Administrator

determines that the final plat of the future phase does not conform to the Master Plan, the

Developer shall comply with Teton County Code 9-3-2 (D-8) and 9-3-2 (D-9) (as amended

11/14/2008).

Section 9. Request for Additional Phases. Any request to the County for additional phase(s)

shall be made at the same time the application is made for the final plat.

Section 10. Extensions of Time. The Developer may be allowed extensions of time for

commencement of construction, or for beyond the completion date, for unavoidable delays such as

those caused by strikes, lockouts, acts of God, or factors beyond the control of the Developer.

Application for extension shall be made on the Teton County “Development Agreement Extension

Application” and shall address the criteria presented on that form and in Exhibit C, Extension

Criteria. The Developer shall pay the fee associated with the request. Developer acknowledges

and agrees that the Board of County Commissioners has the sole discretion to grant or deny a

request for extension. The application for a development agreement extension must be submitted

to the Planning Department before the expiration of the original development agreement.

Section 11. Construction Dates. The Developer reserves the right to commence construction of

the Improvements any time after recording of the final plat, if weather conditions permit, and the

obtaining of the financial security guarantee set forth in Section 19 hereof. The subdivision

Improvements will be completed within _____ months after construction begins, and no later than

, 20 . The Developer will be solely and fully responsible for the

supervision of subcontractors and timely completion of installation of the Improvements detailed in

Exhibit B and the recorded Improvement plans. Phases of the Development will be constructed and

completed no later than as shown below:

Phase

Start Date

Completion Date

One

Two

Section 12. Control of trash, weeds, dust, erosion, and sedimentation. The Developer shall be

fully responsible for all dust abatement, erosion, sedimentation, weed, and trash control on the

Property. Developer shall use best management practices and industry standards for control. Trash

shall be contained at all times. Dumpsters and sanitary facilities are required on site during every

phase of construction. Final bond installment shall not be released until all onsite trash is removed,

construction rubble is leveled, lost soils are replaced, and disturbed areas are reseeded with native

vegetation or planned landscaping. The responsibilities in this Section shall run with the land and

they shall therefore apply before, during, and until completion of Improvements. This means that

trash, weeds, dust, erosion, and sedimentation control on the Property will be fully the

responsibility of the current owner of the Property

Section 13. Open Space Management Plan. The Developer shall provide a complete open space

management plan that includes long term management and control of all open space areas on the

Property. The plan must address weed control and include an annual survey of the Property to map

weeds and methods to control those weeds.

Section 14. Permits. The Developer is responsible for obtaining all right-of-way, access,

excavation, and other permits and approvals required by local, State, and Federal regulations.

Section 15. Inspection. Prior to construction of the Improvements, Developer shall have a pre-

construction meeting with Teton County Planning and Engineering representatives, the Fire

Marshal for the Teton County Fire Protection District, and the Developer’s engineer and

contractor. The Developer’s engineer shall make regular inspections and maintain control of the

Development while it is under construction. Representatives of the County shall have the right to

enter upon the Property at any reasonable time to inspect and to determine whether the Developer

is in compliance with this Agreement. The Developer shall permit the County and its

representatives to enter upon and inspect the Property at reasonable times. The Developer will not

materially deviate from the recorded Improvement Plans without the prior written approval of the

County Engineer, which approval will not be unreasonably withheld.

Section 16. Inspection Fees. (this may or may not apply) The Developer agrees to pay the

inspection fees as required by _____________________.

Section 17. Final Inspection and Approval of Improvements. The Developer shall notify the

County when it believes that the Improvements have been fully and properly completed and shall

request final inspection, approval and acceptance of the Improvements by the County. The County

will provide prompt interim and final inspection of the Improvements when notified by the

Developer of completion. The Developer must provide a signed and sealed letter from an engineer

stating the roads have been built in accordance with the submitted road plans and meet or exceed

county standards. In addition to the roads, the signed and sealed letter from the engineer shall

certify that all Improvements are 100% completed according to Exhibit B and the recorded

Improvement Plans. Upon inspection, the county shall give timely written acceptance of the

Improvements or a written checklist of material deficiencies, such noted deficiencies shall be

specific as to location and shall specify, in detail, the necessary corrective action to be taken by the

Developer. Upon approval of the final inspection, the county shall give express written acceptance

of the Improvements. After this written acceptance is received, the Developer shall record the

record plat and will be able to sell lots in the development.

Section 18. As Constructed Plans. Prior to County inspection and approval of the Improvements

in the Development, the Developer will file signed and sealed “As Constructed” Improvement

Plans with the County Engineer, along with a letter of certification from a licensed engineer as to

the accuracy of the corrected plans. Such “As Constructed” Improvement Plans shall show actual

constructed location of all required Improvements.

Section 19. Warranty of the Improvements. The Developer warrants the prompt and satisfactory

correction of all defects and deficiencies, for both materials and workmanship, in the

Improvements that occur or become evident within two years for all open space and landscaping

Improvements and one year for all other Improvements after acceptance of the Improvements by

the County. If such defect or deficiency occurs or becomes evident during such period, then the

Developer shall, within thirty (30) days after written demand by the County to do so, correct it or

cause it to be corrected. If the defect or deficiency cannot be reasonably corrected within thirty

(30) days after written demand from the County, the Developer shall commence the correction of

the deficiency within the thirty (30) day period and proceed with reasonable diligence to correct

the same or cause it to be corrected. The warranty provided by this Section shall be extended for a

full year from the date of repair or replacement of any Improvements repaired or replaced pursuant

to such demand.

Section 20. Financial Security Guarantee. In lieu of construction of the Improvements by the

Developer during the period after County approval of the final plat and the final plat being

recorded for each phase, as security to the County for the performance by the Developer of its

obligations to complete the Improvements in accordance with this Agreement, the Developer shall,

prior to the commencement of construction of any Improvements, obtain financial security in one

of the following three methods, in the sum of one hundred and twenty-five (125%) of the

engineer’s estimated costs for all Improvements, which engineer’s cost estimate shall be revised

and updated within ninety (90) days of securing the financial guarantee described in Section 1.

Obtain from a County approved financial institution or approved private financier an irrevocable

12-month letter of credit with guaranteed 6 to 12 month extensions as needed until the public

Improvements are completed and accepted by the County or 6 months after the expiration date of

this Development Agreement; 2. Deposit into a Teton County escrow account funds in the form of

a certified check or cash available for disbursement upon signatures by the Developer and Teton

County. The County shall maintain any interest accrued. 3. Obtain a negotiable construction or

development bond from a County-approved bonding company for the estimated length of time to

fully complete the Improvements including acceptance by the County. The amount of the

escrowed funds shall be released for the completed and approved portion of the scheduled

Improvements on the subject Property by line item as described on the engineer’s cost estimate in

Exhibit B. If the County releases a portion of the escrowed funds, the County shall retain twenty

five percent (25%) of the original escrowed amount. The Developer shall be limited to three

partial releases of escrow per phase. Any amount of the escrowed funds remaining in letter of

credit, escrow account, or bond shall not be released until one hundred percent (100%) complete

installation and approval of all County required Improvements, including signage and the

successful completion of all warranty periods. Ten (10) percent of the original approved engineer’s

cost estimate for the Improvements shall be provided in one of the three methods presented above

in this Section for the entire warranty period described in Section 18 to guarantee the correction of

any defects or deficiencies.

Section 21. Remedies. In the event the Developer fails to perform any of the terms, conditions or

obligations in this Agreement or has not resolved a defect or deficiency under this Agreement, the

County, at its option, may exercise any rights and remedies it may have under law. Furthermore,

the County reserves the right, in its absolute discretion, to revoke the Developer’s entitlements for

_____________________________ and after such revocation, if Developer chooses to move

forward, Developer will have to reapply for approval under the then current County ordinances.

Teton County may impose penalties on the Developer in the form of monetary fines, not to exceed

the outstanding balance of work not performed or carried out at the scheduled completion date or

not to exceed the work to correct the defect or deficiency. The County may withhold the issuance

of any building permit or certificate of occupancy for any structure located in the Development,

refuse to accept ownership and maintenance of any County Improvements and record a notice of

such action in the Teton County Clerk and Recorder’s Office, or issue a “stop work” or “cease and

desist” order for any building or Improvement under construction in the Development. All of the

above remedies are cumulative and to the extent not wholly inconsistent with each other, may be

enforced simultaneously or separately, at the sole discretion of the County.

Section 22. Voided Agreement. The County, at its option, may void this Agreement and any

vested right should the Developer’s failure to perform in compliance with this Agreement results in

the County seizing the escrow to complete the Infrastructure or correct the defect or deficiency.

Section 23. Default. If the Developer defaults or fails to fully perform any of its obligations in

accordance with this Agreement, or fails or refuses to correct any defect or deficiency in the

Improvements required by this Agreement, Teton County shall inform the Developer in writing of

the specific default or failing. If the default or failing continues for thirty (30) days after such

written notice and the Developer makes no attempt to remedy the default, Teton County shall have,

in addition to all of its other rights under the law, the right to complete the construction of the

Improvement(s) or to correct the defect or deficiency, using either its own forces or contractors

hired for that purpose. The County shall have the right to draw from either/or the financial security

guarantee escrow account or credit line provided, those sums not to exceed 125% of the engineer’s

estimate for individual Improvements installed. Included in the costs of the work, the County is

entitled reasonable legal fees and reasonable administrative expenses.

Section 24. Transfer of Lots or Units. No lots or units may be offered for sale or sold (warranty

deeds transferred) prior to final Improvement completion and a Certificate of Completion being

issued by the County. The fire protection, including all weather road(s), shall be operational per

the Fire District’s inspection and written approval, and street signs installed, before any building

permit shall be issued by the County. Furthermore, no certificate of occupancy for residential units

shall be given until all Improvements have been completed and accepted in writing by the County.

Appropriate easements, covenants and deed restrictions regulating the open space portions of the

Developer’s lots, consistent with the open space regulations contained in the Teton County

Subdivision Ordinance (Title 9) will be promulgated by the Developer and binding upon all lot

owners. Developer does hereby agree that all unsold lots shall be maintained by the Developer at

the Developer’s sole expense, and this responsibility shall run into perpetuity.

Section 25. Time of the Essence. Time is of the essence in the performance of all terms and

provisions of this Agreement.

Section 26. Binding Upon Successors. This Agreement shall be binding upon and inure to the

benefit of the parties’ respective heirs, successors, assigns and personal representatives, including

County’s corporate authorities and their successors in office. Nothing herein shall in any way

prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation

shall be subject to the provisions hereof and any successor owner or owners shall be both benefited

and bound by the conditions and restrictions herein expressed.

Section 27. Notices. All notices in connection with this Agreement shall be in writing and shall

be deemed delivered to the addressee when delivered in person on a business day at the address set

forth below or on the third day after being deposited in the United States mail, for delivery by

properly addressed, postage prepaid, certified or registered mail, return receipt requested, to the

address set forth below.

Notices to the County shall be addressed to, or delivered at, the following address:

Teton County Board of County Commissioners

ATTN: Planning Administrator

150 Courthouse Drive, Rm. 107

Driggs, Idaho 83422

Notices to the Developer shall be addressed to, or delivered at, the following address:

_______________________

By notice complying with the requirements of this Section, each party shall have the right to

change the address for all future notices, but no notice of a change of address shall be effective

until received as provided above.

Section 28. Enforcement. The parties may, in law or in equity, by suit, action, mandamus, or any

other proceeding, without limitation enforce or compel the performance of this Agreement.

Section 29. Indemnification.

A. No Liability for County Approval. The Developer acknowledges and agrees (1) that

the County is not, and shall not be, in any way liable for any damages or injuries that

may be sustained as the result of the County’s issuance of any approvals or acceptances

of the Improvements or use of any portion of the Improvements, and (2) that the

County’s issuance of any approvals or acceptances does not, and shall not, in any way

be deemed to insure the Developer, or any of its heirs, successors, assigns, tenants, or

licensees or any third party, against damage or injury of any kind at any time.

B. Indemnification. Except as provided below, the Developer agrees to, and does hereby,

indemnify the County, and all of its elected and appointed officials, officers, employees,

agents and representatives from any and all claims, costs and liability of every kind and

nature that may be asserted at any time against any such parties for injury or damage

received or sustained by any person or entity in connection with (1) the County’s

review and approval of any plans for the Improvements, (2) the issuance of any

approval or acceptance of Improvements, (3) the development, construction,

maintenance or use of any portion of the Improvements and (4) the performance by the

Developer of its obligations under this Agreement and all related Agreements. The

Developer further agrees to aid and defend the County in the event that the County is

named as a defendant in an action concerning the Improvements provided by this

Agreement only as to Improvements that are not in conformance with the approved and

recorded Master Plan of _______________________________ in compliance with

each phase, except where such suit is brought by the Developer. The Developer is not

an agent or employee of the County.

Section 30. Amendments or Alterations. All changes, amendments, omissions, or additions to

this Agreement shall be in writing and shall be signed by both parties.

Section 31. Severability. The invalidity or unenforceability of any provision of this Agreement

shall not affect the other provisions hereof and this Agreement shall be construed in all respects as

if such invalid or unenforceable provisions were omitted.

Section 32. Filing. The Developer shall have this Agreement recorded in the office of the Teton

County Clerk and Recorder at the same time as the final plat is recorded. The Developer shall be

responsible for all recording fees associated with this Development.

Section 33. No Conflicts. The County and the Developer hereby acknowledge and agree that all

required notices, meetings and hearings have been properly given and held by the County with

respect to the approval of this Agreement. The County and the Developer also acknowledge and

agree that this Agreement is supported by Title 9 of Teton County Code. The County and the

Developer agree not to challenge this Agreement or any of the obligations created by it on the

grounds of any procedural infirmity or any denial of any procedural right.

Section 34. Authority to Execute. The County hereby warrants and represents to the Developer

that the persons executing this Agreement on its behalf have been properly authorized to do so by

the Board of County Commissioners. The Developer hereby warrants and represents to the County

(1) that it is the record owner of fee simple title to the subdivision, (2) that it has the right, power,

and authority to enter into this Agreement and to agree to the terms, provisions, and conditions set

forth herein and to bind the subdivision as set forth herein, (3) that all legal action needed to

authorize the execution, delivery, and performance of this Agreement have been taken, and (4) that

neither the execution of this Agreement nor the performance of the obligations assumed by the

Developer hereunder will (i) result in a breach or default under any Agreement to which the

Developer is a party or to which it or the subdivision is bound or (ii) violate any statute, law

restriction, court order, or Agreement to which the Developer or the subdivision is subject.

Section 35. Codes. The Developer agrees to abide by all ordinances, regulations, and codes of

Teton County and those of the special purpose districts providing service to the Development.

Section 36. Governing Law. This Agreement shall be construed and governed according to the

laws of the State of Idaho. The venue for any action arising out of this Agreement shall be

exclusively in the District Court of the Seventh Judicial District of the State of Idaho, Teton

County, or in the United States District Court for the District of Idaho.

Section 37. Attorney’s Fees. Should any litigation be commenced between the parties

concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as

may be granted, to court costs and reasonable attorney’s fees as determined by a court of

competent jurisdiction.

Section 38. Final Agreement. This Agreement sets forth all promises, inducements, agreements,

condition and understandings between Owner/Developer and County relative to the subject matter

hereof, and there are no promises, agreements, conditions or understanding, either oral or written,

express or implied, between Owner/Developer and County, other than as are stated herein. All

Exhibits referenced herein are incorporated in this Agreement as if set forth in full including all

text information in the Exhibits. Except as herein otherwise provided, no subsequent alteration,

amendment, change or addition to this Agreement shall be binding upon the parties hereto unless

reduced to writing and signed by them or their successors in interest or their assigns, and pursuant,

with respect to County, to a duly adopted ordinance or resolution of County.

Section 39. No Waiver of County Rights. No waiver of any provision of this Agreement will be

deemed to constitute a waiver of any other provision nor will it be deemed to constitute a

continuity waiver unless expressly provided for; nor will the waiver of any default under this

Agreement be deemed a waiver of any subsequent default or defaults of the same type. The

County’s failure to exercise any obligation under this Agreement will not constitute the approval of

any wrongful act by the Developer or the acceptance of any Improvement. Developer

acknowledges that Teton County reserves the right to revoke all approvals for (name of

subdivision/PUD) upon failure to comply with the conditions of approval of Final Plat, upon any of

the violations of Teton County Title 9, or for misrepresentations or material omissions made to the

Teton County Planning Commission or Board of County Commissioners.

Section 40. Mitigation of Teton County for Road Improvements. Upon the issuance of a

Certificate of Completion of __________________________ by Teton County and the issuance of

the first building permit for such subdivision, the Developer will make a donation to Teton County

in the amount of $________ to be designated for road Improvements to

________________________

Section 41. Community Enhancements. The Developer hereby pledges $_____ from the

proceeds of each lot closing in _____________________________________. The Developer

desires $___________ to go to _______________, $______ to go to ______________, and

$______ to go to ______________. These contributions are being given on a voluntary basis and

will be donated as follows: Funds will be collected at the closing of the initial sale of each lot sold

by the Developer; The Developer will record an Agreement placing a lien on the lots such that the

collection of these funds will be facilitated by the title company handling the closing of such lots.

Section 42. Sharing Development Costs. Teton County Subdivision Regulations, Title 9,

provides the Developer a mechanism to recoup a portion of certain costs associated with

Improvements made by the Developer. All shared development rights afforded the Developer

under Title 9 and this Agreement, in particular Section 7, are hereby retained; any other

Agreement, document, or statement by the Developer shall not be deemed to waive any rights

afforded the Developer under Teton County Title 9.

Section 43. Effective Date. This Agreement shall become valid and binding only upon its

approval by the Teton County Board of County Commissioners and its recording in the Teton

County Clerk and Recorders Office; and it shall be effective on the date first written above.

**The rest of this page is intentionally left blank**

IN WITNESS WHEREOF, the parties have hereunto set their hands as of the date first above

written.

Agreed:

BOARD OF COUNTY COMMISSIONERS, TETON COUNTY, IDAHO

____________________________

Chairman, Teton County Board of

County Commissioners

STATE OF IDAHO )

) ss:

COUNTY OF TETON )

On this ____day of _______________, 20__, before me, a Notary Public for the State of Idaho,

personally appeared Larry Young, Chairman, known to me to be the person(s) whose name(s) is

executed above, and acknowledged that he executed the same.

__________________________________

(SEAL) Notary Public

Residing______________________

Commission expires_____________

___________________________________________

_____________________________________________

(Owner, President or

Managing Director)

STATE OF ____________ )

) ss:

COUNTY OF __________ )

On this______ day of ___________________, 2009, before me, a Notary Public for the

State of _____________, personally appeared __________________ known to me to be the

person(s) whose name(s) is executed above, and acknowledged that he executed the same.

__________________________________

Notary Public

(SEAL) Residing______________________

Commission expires_____________

EXHIBIT A

LEGAL DESCRIPTION OF PROPERTY

EXHIBIT B

ENGINEER’S COST ESTIMATE

EXHIBIT C

PHASING PLAN

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