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Hills Centrury Farm Suvdivision AZ 14-012ADA COUNTY RECORDER Christopher D. Rich 2015-003138 BOISE IDAHO Pgs=13 BONNIE 01/14/201511:06 AM MERIDIAN CITY NO FEE 1111111111111 III IIIIIIIIIIII IIIII11111111111111III 00056863201500031380130136 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Brighton Investments, LLC, Owner/Developer 3. B & L Idaho 2, LLC, Owner THIS DEVELOPMENT APREEMENT (this Agreement), is made and entered into this \,� day of J . , by and between City of Meridian, a municipal corporation of the State of Idaho, ereafter called CITY whose address is 33 E. Broadway Avenue, Meridian, Idaho and Brighton Investments, LLC, whose address is 12601 W. Explorer Drive, Suite 200, Boise, Idaho 83713, hereinafter called OWNER/DEVELOPER and B & L Idaho 2, LLC, whose address is PO Box 8126, Boise, Idaho 83707, hereafter called OWNER. 1. RECITALS: 1.1 WHEREAS, Owner/Developer and Owner are the sole owners, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, Idaho Code § 67-6511 A provides that cities may, by ordinance, require or permit as a condition of zoning that the Owner/Developer and Owner make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-513-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation,and/or re -zoning of land; and 1.4 WHEREAS, Owner/Developer and Owner has submitted an application for annexation and zoning of 223.73 acres of land with an R-8 (Medium density Residential) zoning district. Owner/Developer requested approval of a preliminary plat consisting of 675 building lots, 47 common area lots, and 1 other (elementary school) lot on 221.8 acres for Hill's Century Farm Subdivision, which generally describes how the Property will be developed and what improvements will be made; and 1.5 WHEREAS, Owner/Developer made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject Property will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT —1$LL's CENTURY FARM SUBDIVISION—AZ 14-012 PAGE 1 OF 9 1.6 WHEREAS, the record of the proceedings for the requested preliminary plat on the subject Property held before the Planning & Zoning Commission, and subsequently before the City Council, includes responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and includes further testimony and comment; and 1.7 WHEREAS, on the 25fl' day of November, 2014, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order ("Findings"), which have been incorporated into this Agreement and attached as Exhibit "B"; and 1.8 WHEREAS, the Findings require the Owner/Developer and Owner to enter into a Development Agreement before the City Council takes final action on final plat; and 1.9 WHEREAS, Owner/Developer and Owner deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1.10 WHEREAS, City requires the Owner/Developer and Owner to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure zoning designation are in accordance with the amended Comprehensive Plan of the City of Meridian on April 19, 2011, Resolution No. 11-784, and the UDC, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPER: means and refers to Brighton Investments, LLC, whose address is 12601 W. Explorer Drive, Boise, Idaho 83713, the party that owns and is developing said Property and shall include any subsequent owner/developer(s) of the Property. DEVELOPMENT AGREEMENT -HILL'S CENTURY FARM SUBDIVISION -AZ 14-012 PAGE OF 3.3 OWNER: means and refers to B & L Idaho 2, LLC whose address is PO Box 8126, Boise, Idaho 83707, the parry that owns said Property and shall include any subsequent owner(s) of the Property. 3.4 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as described in Exhibit "A" describing the parcels to be zoned Medium Density Residential District (R-8) and attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: a. Direct lot access to S. Eagle Road and E. Lake Hazel Road, arterial streets, and E. Taconic Drive, E. Highlander Drive, and S. Newbridge Avenue, internal collector streets, is prohibited in accord with UDC 11-3A-3. b. A temporary access shall be provided via Eagle Road near the northwest comer of the site until two (2) points of permanent ingress/egress are constructed that meet the Fire Department's standards. Provide apedestrian bridge over the Ten Mile Creek as proposed for access to the regional pathway by residents on the east side of the creek. C. Future development of this site shall be generally consistent with the preliminary plat and conceptual building elevations attached to the Findings of Fact and Conclusions of Law (Exhibit `B"). d. The rear or sides of homes on lots that face S. Eagle Road and E. Lake Hazel Road shall incorporate articulation through changes in materials, color, modulation, and architectural elements (horizontal and vertical) to break up monotonous wall planes and roof lines. e. A 10 -foot wide multi -use pathway is required to be constructed along the west side of the Ten Mile Creek in accord with the Pathways Master Plan and should extend west to the S. Eagle Road/E. Taconic Street intersection. f A minimum of 10 site amenities shall be provided within the development and should be comparable to the following: a community center, tot lot playgrounds, exercise stations, passive gathering space seating, micro -paths, and a regional pathway. The provision of the school lot whether donated or sold DEVELOPMENT AGREEMENT -HILL'S CENTURY FARM SUBDIVISION -AZ 14-012 PAGE 3 OF 9 is allowed to count toward one amenity. Specific amenities shall be determined with submittal of each final plat application. 6. COMPLIANCE PERIOD This Agreement must be fully executed within two (2) years after the date of the Findings for the annexation and zoning or it is null and void. 7. DEFAULT/CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default. Either parry's failure to faithfully comply with all of the terms and conditions included in this Agreement shall constitute default under this Agreement. 7.2 Notice and Cure Period. In the event of Owner/Developer's default of this Agreement, Owner/Developer shall have thirty (30) days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default, which action must be prosecuted with diligence and completed within one hundred eighty (180) days; provided, however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty (180) day period, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies. In the event of default by Owner/Developer that is not cured after notice as described in Section 7.2, Owner/Developer shall be deemed to have consented to modification of this Agreement and de -annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City's compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code §§ 67-6509 and 67-6511. Owner/Developer reserves all rights to contest whether a default has occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County by either City or Owner/Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 7.4 Delay. In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 7.5 Waiver. A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and DEVELOPMENT AGREEMENT -HILL'S CENTURY FARM SUBDIVISION -AZ 14-012 PAGE 4OF9 defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. 8. INSPECTION: Owner/Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 9. REQUIREMENT ,FOR RECORDATION: City shall record this Agreement, including all of the Exhibits, and submit proof of such recording to Owner/Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the re -zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 10. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 11. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the UDC, to insure the installation of required improvements, which the Owner/Developer agrees to provide, if required by the City. 12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City. 13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agrees to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. 14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: City Clerk City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 1IL/► :/1 D LKRI]»Ial Brighton Investments, LLC 12601 W. Explorer Drive, Suite 200 Boise, Idaho 83713 with copy to: City Attorney City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 OWNER; B & L Idaho 2, LLC P. O. Box 8126 Boise, Idaho 83707 DEVELOPMENT AGREEMENT -HILL'S CENTURY FARM SUBDIVISION -AZ 14-012 PAGE 5OF9 14.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto 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. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 16. 1 TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 17. 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 City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer, each subsequent owner and any other person acquiring an interest in the Property. 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. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developer has fully performed its obligations under this Agreement. 18. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party shall act reasonably in giving any consent, approval, or taking any other action under this Agreement. 20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third parry (including a governmental entity or official) challenging the validity of any provision in this Agreement, the parties agree to cooperate in defending such action or proceeding. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/Developer, Owner and City 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, Owner and City, other than as are stated herein. 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 City, to a duly adopted ordinance or resolution of City. DEVELOPMENT AGREEMENT -HILL'S CENTURY FARM SUBDIVISION -AZ 14-012 PAGE 6 OF 9 21.1 No condition governing the uses and/or conditions governing re -zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. . EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. [end of text; signatures, acknowledgements, and Exhibits A and B follow] ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: Brighton Investments, LLC By: CITY OF Qo� 10 9 ATT ST: cry°f j�(L IDIAN,% ayee . Holman City Clerk <,r SEAL °fie iRF �yU DEVELOPMENT AGREEMENT—HILL'S CENTURY FARM SUBDIVISION—AZ 14-012 PAGE 7OF9 21.1 No condition governing the uses and/or conditions governing re -zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution ofthe Mayor and City Clerk. [end of text; signatures, acknowledgements, and Exhibits A and B follow] ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER B & L Idaho 2, LLC By: w CITY OF MERIDIAN 0 0 Jaycee L. Holman,,City Clerk Mayor Tammy de STATE OF IDAHO ) ss: County of Ada, ) On this � r day of t>GCINt-Gr, 2014, before me, the undersigned, a Notary Public in and for said State, personally appeared POCd 1N• '( Wrkty" , known or identified to me to be the AA94WApM M6m4yw of Brighton Investments, LLC, and acknowledged to me that he executed theame on behalf of said Limited Liability Company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. / n (SEAL) AMANDA McCURRY NOTARY PUBLIC STATE OF IDAHO STATE OF ID)ktjO ) ss: County of Ada, On this day of for said State, personally appeare be the of the same on behalf of said Limited Not)ry Public fo I o Residing at: My Commission Expires: 2014, before me, the undersigned, a Notary Public in and , known or identified to me to L Idaho 2, LLC, and acknowledged to me that he executed ik�ty Company. IN WITNESS WHEREOF, I have her and year in this certificate first above written. (SEAL) set my hand and affixed my official seal the day Notary Public fN Residing at: My Commission DEVELOPMENT AGREEMENT -HILL'S CENTURY FARM SUBDIVISION -AZ 14-012 PAGE 8 OF 9 STATE OF IDAHO ) ss: County of Ada, On this _ day for said State, personally be the 2014, before me, the undersigned, a Notary Public in and , known or identified to me to Investments, LLC, and acknowledged to me that he executed the same on behalf of said L=her ility Company. IN WITNESS WHEREOF, I hto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) STATE OF IDAHO ) ss: County of Ada, Notary Public foi Residing at: _ My Commission On this 23rjday of n1be ✓ 2014, before me, the undersigned, a Notary Public in and for said State, personally appeared i I i 0- M {l1 U le r known or identified to me to be the fGhAw of B & L Idaho 2, LLC, and acknowledged to me that he executed the same on behalf of said Limited Liability Company. 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) gyp', N/V '; teoTMy :e t = Residing at: fl I (l' X 1941 My Commission Expires: STATE OF IDAHO ) ss County of Ada ) On this �7) day of 20i-4,' before me, a Notary Public, personally appeared Tammy de Weerd and Jaycee . Holman, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. 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 Publi for Idaho Residing at: UZ�VA\ctrl , i Commission expires: �, �a n i tip � () DEVELOPMENT AGREEMENT -HILL'S CENTURY FARM SUBDIVISION -AZ 14-012 PAGE 9OF9 June 18, 2014 Project No,: 24-031 EXHIBIT A 9233 WEST STATE STREET I BOIBE,ID83714 1 208.639.6939 1 FAX208.639.6930 LEGAL DESCRIPTION FOR PARCEL ANNEXATION AND REZONE A parcel of land being the West 1/2 of Section 33 and the West 1/2 of the Northwest 1/4 of the Southeast 1/4 ofSeodon 33, Township 3 North, flange 1 East, Boise Meridian, Ada County, Idaho and being more particularly described as follows: eommendng at a found aluminum cap marking the Northwest comer of said Section 33, which bears N89'15'22"W a distance of 2,660.61 feet from a found brass cap marking the North 1/4 corner of said Section 33; Thence following the westerly boundary of the Northwest 1/4 of the Northwest 1/4, SO413'33"W a distance of 1,338.75 feet to a found 3/4 -inch rebar marking the Northwest comer of the South half of the Northwest 1/4 and being the POINT OF BEGINNING. Thence following the northerly line of said South 1/2 of the Northwest 1/4 of said Section 33, S892752"E a distance of 2658.25 feet to a found S/8 -inch rebar marking the Northeast Comer of sell South 1/2 of the Northwest 1/4 of sold Section 33; Thence leaving said northerly One and following the easterly line of said South 1/2 of the Northwest 1/4, 500'19109"W a distance of 1,329.06 feet to a 5/8 -Inch rebar marking the Cemerufsald Section 33; Thence loaying said easterly line and following the northerly line of the Southeast 114 of said Section 33, 58944423"E a distance of 663.92 feel to a found 5/8 -Inch rebar marking the Northeast comer of the West 1/2 of the Northwest 1/4 of the Southeast 1/4 and being the Northwest comerof Rockhampton Subdivision No. 10, recordsofAda County, Idaho In Book 87 At Pages 10,003-10,004; - Thence leaving said northerly line and following the easterly line of sold West 1/2 of the Northwest 1/4 of the Southeast 1/4 of said Section 33, S002431"W a distance of 1,326.64 feet to a point on the westerly line of Rockhampton SubdiAslon No. 15, records of Ada County, Idaho In Book 92 at Pages 10,949-10,950, and being the Southeast corner of said West 1n of the Northwest 1/4 of the Southeast 1/4 of said Section 33; Thence IeWng said easterly One and said westerly line, and following the southerly line ofsaid West 1/2 of the Northwest 1/4 of the Southeast 1/4, N89'53'16"W a distance of 663.39 feet to a found 5/8 -Inch rebar marking the Northeast comer of the South 1/2 of the Southwest V4; Thence leaving saki southery line and following the easterly line of said South 1/2 of the Southwest 1/4, SW1910VW a distance of 1,329.12 feet to a found aluminum cap marking the South 1/4 of said Section 33; Thence leaving said easterly line and following the southerly line of the Southwest 1/4 of Section $3, S8915625"W a distance of 98192 feel to a point on the approximate cents r lne of Ten Mlle Geek; Thence leaving said southerly line and following said approxknats centerline the following three (3) courses: Nll"S4'53"W a distance of 389.70 feet to a point; N44'S9'2rW a distance of 744.06 feet to a point; NO6'44'23"W a distance of 431.53 feel to a point on the southerly line of the North 1/2 of the Southwest 1/4 of said Sedlon 33; Thence leaving said approximate centerline and following sold southerly Iine, N89'51'S9"W a distance of 992,43 feet to a found S/8 -Inch rebar marking the Southwest comer of sold North 1/2 of the Southwest 1/4 of said Section 33; ENGINEERS. I SURVEYORS I PLANNERS wwwArnertgllp.corn Hill's Century Farm — AZ 14-012 EXHIBIT A Thence leaving sold oppro>omate centerline and following sold southerly fine, NWS1'WW a distance of 992A3 feet to a found 5/&ixh rebar marWng the Southwest cornerof said North 1/2 of the Southwest 1/4 of said Section 33; Thence leaving said southerly line and following the westerly line of said North 1/2 of the Southwest 1/4, N00.13.37°E a distance of 3,338A7 feet to a found 3/4 -Inch re bar marling the West 1/4 connerof said Section 33; lh"ce leaving said westerly line and following the westerly line of said South 1/2 of the Northwest 1/4, N0043'13"E a distance of 1,338.75 feel to the POINT OF BEGINNING. Said parcel contains 223.733 acres, more or less, and Is subject to all existing easements and/or righbabway of record ar implied. (a 1$ ZOl`i Hill's Century Farm — AZ 14-012