HomeMy WebLinkAboutAgreement for Development with James A Banducci, Jr. and Judy G. BanducciAMBROSE~FITZGERALD&C
208-888-3969
09-12-94 09 33 P.OZ
THIS AGREEMENT, made and entered .into this ~ 8 day of
~~~, 1994, by and between JAMES A. BANDUGGZ, JR. and JUDY G.
BANDUCCT, husband and wife, hereinafter referred to as "Developer"
and the CITY 0~' MERIDIAN, hereinafter referred to as "City".
W T T N E S S E T H:
WHEREAS, Developer submitted an application to rezone a
certain parcel of property described as Lot 30, Block 11, Meridian
Manor Subdivision No. 5, records of Ada County, from R-4
Residential to R-8 Residential;
WHEREAS, City did not grant Developer's petition to rezone the
property and the property is still zoned R-Q;
WHEREAS, at the time Developer submitted hie application for
rezone, the property wag not platted ~.n any fashion;
WHEREAS, beveloper knew that is was not platted, but the City
did not inform Developer in the application process that it waa
going to be necessary to plat the property;
WHEREAS, the then City Zoning Administrator wrote a letter to
Developer stating as follows: "Tt appears that you can develop
thxes single family lots on this parcel. You may proceed with a
Record of Survey drawing to depict the adjusted lot lines fox three
single family homes in accordance with the City's development
requirements. This record of survey must be recorded with the Ada
County Recorders office. After recording the survey, you may
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AMSR05E~FITZGERALD&C 208-88B-3969 09-12-94 09 34 P.03
proceed to apply for single family building permits far these
adjusted lots."
WHEREAS, Developer did have the property surveyed and had the
Survey of Record recorded, pursuant to the instruction of the then
zoning administrator;
WHEREAS, Developer had one (1) lot sold and ready for closing,
which lot sale did not transpire since the title company indicated
that it would not close the gale since the property had not been
platted;
WHEREAS, Developer deems that the zoning administrator's
letter to him ill-advised him and caused him damages;
WHEREAS, the City desires to buy its peace in this matter.
NOW THEREFORE IT IS HEREBY AGREED as follows:
1. That Developer Shall, if he has not already, record
a Record of Survey of the property dividing the
property into three (3) lots, meeting the R-4
Residential requirements which specifically
include, but are not limited to, 80 feet of street
frontage and 8,000 square foot lots, and supply
that document to the City; the three (3) lots are
described in Exhibits "A", "B" and "C" which are
attached hereto and incorporated herein by this
reference as if set forth in full herein.
2. That the City shall treat the three (3) lots as
being lawfully subdivided and allow construction of
homes meeting the R-4 housing requirements, which
specifically include a minimum house size of 1,400
square feet.
3. That upon application for building permits on the
three (3) lots, if the applicant meets all the
requirements for the building permit including
paxmkent of all fees, the City shall issue a
building permit for each of the three (3)
respective lots.
4. That the City of Meridian shall provide to all
three {3) lots all city services including water,
sewer and trash services, if all fees have been
paid.
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AMBROSE~FIT2GERALD&C 208-888-3969 09-12-94 09 34 P.04
5. That for and in cangideration of the above
agreements by the City of Meridian, the Developer
hereby releases the City from any and all
liabilities, of whatsoever kind and nature, which
have, or may, arise ag a result of the then
planning director's letter allegedly misinforming
the Developer as to what the City required of him
to be able to make the lots capable of being sold
and receiving building permits; FURTHER, Developer
hereby agrees to, and does hereby, hold the City
harmless and agrees to indemnify the City from any
liabilities or duties owing to Developer or to any
of peveloper's successor's or assigns, and this
AGREEMENT shall be binding upon the heirs, personal
representatives and assigns of the parties hereto.
6. This Agreement shall be z~ecorded as evidence that
the City of Meridian will grant building pez'mits to
the above described three (3) lots if they meet the
building permit requirements.
Dated this d2- ~ day of ___,~_~~.- 1994 .
~EVELOPE~j
,~/'1~' /U.A'~~
J mss A. Handucci, Jr ;
~ 1
July G. Banducc
CITY
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AMBROSE,FITZGERALD&C 20B-B88-3969 09-12-94 09 35 P.05
ATTEST:
ill am G. Berg, Jr , C ty Clerk
STATE OF IDAHO,)
ss.
County of ,Ada, )
On this day of IeL.~[, Qom., 1994, before me, the
unde:racigned, a Notary Publicin and for said State, personally
appeared James A. Banducci, Jr. and Judy G. Banducci, husband and
wife, known to me to be the persons who subscribed their names to
the within and foregoing instrument and acknowledged to me that
they executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
offi sal the day and year in this certificate first above
w RO
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County of Ada, )
On this ?~~' day of a Yr 199'; before me, the
undersigned, a Notary Public n and for said State, personally
appeared the Mayor and City Clerk, respectively, of the CITY OF
MERIDIAN, a municipality and political subdivision of the State of
Idaho, known to me to be the entity that granted the authority to
the said individuals to subsczibg their names to the within and
foregoing instruments in their capacity as Mayor and City Glerk,
and acknowledged to me that they executed the same in the name of
the CITY OF MERIDIAN.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year a.n this certificate first above
written. _
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