Resolution #96-3

Whereas, the Sodaville City Council has reviewed and accepted the revised Gerig/Baker tentative proposal for lots and improvements within the proposed Phase I of the North Westview PUD and;

Whereas, the outstanding issues are:

1. Off-development improvements which the Council may require of developers as a response to citizen concerns expressed at the January hearing;

2. The phasing of the development and the phasing of required improvements; and

3. Changes to the Agreement which reflect Council decisions on items 1 and 2 above.

Now, therefore, the City of Sodaville resolves that the required developer’s improvements will be phased as follows:

PHASE I

A. The City of Sodaville deeds a 20’ x 6@' portion of Open Space Parcel A of the West View P.U.D. to Gerig/Baker for street R.O.W.

B. Plat a temporary access easement to the existing house to expedite its immediate sale.

C. Gerig/Baker will deed their designated Open Space Parcel to the City of Sodaville as Parcel A of Phase I, with the following stipulations:

1. The Open Space Parcel may be used for underground or drainage utility placement and for repair area for any adjacent parcel,

2. Gerig/Baker will thin timber before dedication.

3. The net proceeds of any future timber harvesting necessary for utility placement within the next ten years will be returned to Gerig/Baker.

4. The net proceeds of any future timber harvesting necessary for installation of a repair drainfield will be dedicated to the Community Development Fund.

D. Gerig/Baker will prepay 3 Westview Special Area System Development Charges @ $1,200 each to the Sodaville Water Utility.

E. Install all underground utilities necessary to serve the first Phase lots, including water service lateral lines, hydrant stubs, valving, pressure reducers and other appurtanences (but not including meters). The line will extend from its present terminus north to the north property lines of Lots 3 and 12 of Phase I.

F. Plat and pioneer entire roadway including ditchlines.

G. Realign the intersection of St. Louis and West View Streets as a tee intersection and replace oil mat.

H. Install road crossing culverts at Maple street and across the current Open Space Parcel and place 8" shale or crushed rock base over entire roadway.

I. Install 2 street light stubs and street name and stop signs.

J. Oil mat or pave roadway within 12 months of Phase I platting.

K. Deed to the City of Sodaville 2 bond lots with all on-site improvements completed (septic, utilities, and driveways)

L. Deed to the City of Sodaville 1 fee lot with all on-site improvements completed (septic, utilities, and driveway). Developer retains option to purchase fee lot at the developer's request for the balance due on all SDC’s applicable at that time.

M. Construct drainage swale/berm in Open Space Parcel with protected outfall over 8" water main into quarry drainage.

PHASE II

A. Construct the off-site drainage improvements on Maple Street and, if later required by the Council, storm drain detention area in the old quarry.

B. Complete installation of utilities, including water distribution with hydrant stubs, valving and tees.

C. Plat all remaining lots.

D. Upon final construction of all improvements required of developer, one bond lot will be released to the developer.

E. At developer's election, all applicable System Development Charges may be paid by developer of Phase II or another fee lot deeded to the city in lieu of cash payment.

GENERAL

1. The City will assume responsibility for maintenance of drainage swale/berm in open space one year after completion of Phase IT.

2. The City will co-ordinate with the owner of the property where the existing pressure distribution line terminates regarding the timing of construction and restoration of landscaping.

3. Should the base of St. Louis at its intersection with Westview St prove inadequate when opened for street re-alignment, the City Council will, upon negotiation with developer, determine an amount for materials and machine time necessary to make any repairs within the immediate area of the developer’s realignment project.

4. The developer and the City shall share the cost of traffic control, excavation, bedding, and backfill of that section of trench from the northeast corner of Lot 8 to the northwest corner of Lot 6. However, each party will install its respective 6" PVC lines and appurtenances at its own expense.

This resolution supersedes Resolution #96-1 [sic]

Passed by the Council this 12 day of March, 1996.