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Home My WebLink AboutCedar Springs North NonDA ~ f'"J-U.B } ~ J-U-B ENGINEERS, Inc. 250 S. Beechwood Avenue Suite 201 Boise, Idaho 83709-0944 Telephone: 208/376-7330 FAX: 208/323-9336 LETTER OF TRANSMITTAL DATE: 9-29-03 Project No. 11922-02 PROJECT NAME: Cedar Spring Sub. NO.4 PROJECT MANAGER: Gary A. Lee, P.E.lL.S. TO: Sharon Smith City of Meridian Clerks Office 33 East Idaho St. Meridian,lD 83642 SUBJECT: Development Agreement & Non-development agreement ,REC E IVED OCT 2 9 2003 GENTLEMEN: We are sending you the following items: [8J ATTACHED D SHOP DRAWINGS DPLANS D PRINTS D COPY OF LETTER D CATAlOG SHEETS D UNDER SEPARATE COVER via D SAMPLES 0 SPECIFICATIONS D CHANGE ORDER [8J other COPIES DATE or No. DESCRIPTION 1 10-10-03 Non-development agreement 1 10-10-03 Development agreement THESE ARE TRANSMITTED AS CHECKED BELOW: D FOR APPROVAL D AS REQUESTED [8J FOR YOUR USE D FOR REVIEW AND COMMENT D FOR BIDS DUE [8J FOR SIGNATURE D RETURNED FOR CORRECTIONS D PRINTS RETURNED AFTER LOAN TO US REMARKS: Hi Sharon. Please schedule the Cedar Springs North annexation for the Council's signature. I would appreciate an email confirming the hearing date. Thanks very much, please can if you have questions or need additional information. D IF ENCLOSURES ARE NOT AS NOTED. KINDLY NOTIFY US AT ONCE. J-U-B ENGINEERS, Inc. {~~l~ COPY FOR Kevin Howell - Howell-Murdoch Dev. Corp. SIGNED: I RECEIVED BY: Daren Fluke, A1CP I DATE: PII=A~F ~Inl\l nATI= AMn RFTIIRN r.npv Tn .I.IJ_R . ,..,.. ,.j.'. 'i " ',.\' NONDEVELOPMENT AGREEMENT This Agreement, made and entered into this 161;!t day of oc{:t:br( ,2003, by and between HOWELL- MURDOCH DEVELOPMENT CORPORATION, whose addresse is 4822 N. Rosepoint, Suite C, Boise, Idaho 82713, and hereinafter referred to as "OWNERlDEVELOPER", and the CITY OF MERIDIAN, a municipality ofthe State of Idaho, acting by and through its Council Members, hereinafter referred to as "CITY". WITNESSETH: WHEREAS, OWNERlDEVELOPER is currently the Owner of all real property and subdivision lots contained in Cedar Springs North Subdivision, Ada County, Idaho recorded as Instrument No. , records of Ada County, Idaho; and, WHEREAS, OWNERlDEVELOPER desire now to withhold development of Lot 18, Block 13, which is the area designated for a future single-family attached project- until an appropriate application is approved for the project in said Cedar Springs North Subdivision (hereinafter referred to as "UNDEVELOPED LOTS"); NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties of this agreement agree as follows: OWNERlDEVELOPER, hereby agrees that no improvements will be installed in said Cedar Springs North Subdivision on Lot 18, Block 13, which is the area designated for a future single-family attached project, until an appropriate application is approved for the project as required by the CITY, without the prior written permission of the CITY. IfOWNERlDEVELOPER desire to install any of the said improvements for said lots, then OWNERlDEVEOPER shall submit a written request to the CITY which shall contain a detailed description of the limited improvements which are desired and estimated time and cost to complete such improvements. The CITY reserves the right to require: An irrevocable letter of credit, cash deposit, or Surety Agreement in amounts sufficientto secure the full and adequate performance ofOWNERlDEVELOPER, upon such stated improvements and detailed construction plans, if the OWNERlDEVELOPER desire to sell lots prior to completion ofthe required improvements. Such Surety deposits will be figured at the prevailing construction costs determined by the CITY. NONDEVELOPMENT AGREEMENT CEDAR SRPINGS NORTH SUBDIVISION AZ-02-028 I OWNERlDEVELOPER herein agree that when owner and developer do desire to develop, the required improvements shall meet the City Standards and Specifications in effect at that time. OWNERlDEVELOPER further agree not to sell the above referenced lot in said Cedar Springs North Subdivision during the term of this agreement, or until a new irrevocable letter of credit or cash deposit or Surety Agreement has been issued and delivered to the City, or until the required improvements of said Cedar Springs North Subdivision are completed in accordance with then current City Standards and Specifications. OWNERlDEVELOPER acknowledge that this Agreement will be recorded with the County Recorder of Ada County, Idaho, to provide public notice to prospective purchasers of the temporary restraint on conveyancing. OWNERlDEVELOPER agree to pay the recording costs. At such time as this Agreement terminates, the CITY aggress to release OWNERlDEVELOPER from such restraint, and to duly file and record with the County Recorder of Ada County an appropriate release and it is agreed OWNERlDEVELOPER shall pay the recording cost. OWNERlDEVELOPER and CITY specifically understand and agree that for the purpose of this Agreement, the status ofthe undeveloped lot in said Cedar Springs North Subdivision will be as though plats thereof had not been filed. This Agreement is not intended and does not affect CITY requirements heretofore complied with by the OWNER/DEVELOPER and obtained by said OWNERlDEVELOPER, except as expressly agreed to and contained in this Agreement. This Agreement shall terminate on the day of . When this Agreement terminates the OWNERlDEVELOPER shall have one year to complete development: if developer is not completed on the day of , approval of the UNDEVELOPED lot portion of the plat shall be null and void and any further development of the property shall require additional approval; ifthe OWNERlDEVELOPER do not complete development on or before the above date, CITY shall record a statement that approval of the plat for the Cedar Springs North Subdivision is null and void and that approval for the UNDEVELOPED lot portion of the subdivision has been voided and OWNERlDEVELOPER shall pay the cost of recording. This Agreement shall be mutual to the benefit of, and be binding upon, the heirs, executors, administrators, assistants and successors of the respective parties. NONDEVELOPMENT AGREEMENT CEDAR SRPINGS NORTH SUBDIVISION AZ-02-028 2 IN WITNESS WHEREOF, thtf OWNER/DEVELOPER has executed this Agreement at Meridian, Idaho, the .m~-o. day of P.dd::er , 2003. OWNER/DEVELOPER CITY OF MERIDIAN ,?c /1 "1,L.,~/ ATTEST: WILLIAM G. BERG., JR. City Clerk STATE OF IDAHO, ) : ss: County of Ada, ) On this J/l) r undersigned, said County an State, personally appeared, ana--- _ - , known or identified to me to be the V^ a,....a...F anrol - of HO~L-MURDOCH DEVELOPMENT CORPORATION, the corporation that executed the foregoing instrument, and acknowledged to me that they executed the same for and on behalf of said corporation. , 2003, before me, the , a Notary Public in and for IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. ~ NONDEVELOPMENT AGREEMENT CEDAR SRPINGS NORTH SUBDIVISION AZ-02-028 3 STATE OF IDAHO, ) : ss: County of Ada, ) On this day of , 2003, before me, the undersigned, , a Notary Public in and for said County and State, personally appeared, Robert D. Corrie and William G. Berg, Jr., known or identified to me to be the Mayor and City Clerk, respectively, of the City of Meridian, a municipal corporation, who executed the foregoing instrument, and acknowledged to me that they executed the same for and on behalf of said City of Meridian. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. (SEAL) Notary Public for Idaho Residing at: My Commission Expires: Z:\Work\M\Meridian\Meridian 15360MICedar Springs North Sub AZ.02-028 PP-02-027\NONDEVELOPMENT AGREEMENT.doc NONDEVELOPMENT AGREEMENT CEDAR SRPINGS NORTH SUBDIVISION AZ-02-028 4