Haven Cove No. 5
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DEVELOPMENT AGREEMENT ". ",. c, ,C,;;,\J
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THIS AGREEMENT, made and entered into this 16 f!t daý~ vlo,l( e#<'.rc:>r
1994, by and between the CITY OF MERIDIAN, a municipal corporation of the 'slate o'fIdahò',J
party of the first part, hereinafter called the "CITY", and INTERWEST DE\ŒI.,OPME~T> 1?!IfÌY
of the second part, hereinafter called the "DEVELOPER", whose ad/ífèš¡¡:ìs3350AmericaBa-o'F-
Terrace Suite 200 Boise ID 83706
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WITNESSETH:
WHEREAS, DEVELOPER is the sole owner, in law and/or equity, of a 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; and
WHEREAS, the State of Idaho legislature, in 1991, passed Idaho Code, 67-6511A,
Development Agreements, which provides that cities may enter into development agreements
with developers upon rezoning of land; and
WHEREAS, the CITY has passed two development agreement ordinances, one when land
is rezoned, 11-2-416 L, and one when land is annexed, which. is when it is also rezoned,
11-2-417 D; and
WHEREAS, the DEVELOPER has submitted an application for annexation and zoning,
or an application for rezone, of that certain property described in Exhibit" A", and requested
zoning of R:4 and has submitted a subdivision preliminary plat for' said property which has been
recommended for approval by the Meridian Planning and Zo~ng Commission; and
WHEREAS, the DEVELOPER made some representations at the public hearing before
the Meridian Planning and Zoning Commission as to how the land would be developed and what
improvements would be made; and
WHEREAS, the CITY has authority to place conditions and restrictions upon annexation
or rezoning of property; and
WHEREAS, DEVELOPER 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
WHEREAS, the DEVELOPER, as sole owner of said land, has made request to the CITY
to have the same annexed to said CITY, or rezoned, and has submitted to the CITY a Plat
thereof which has been approved for annexation by the CITY and as part of the annexation or
rezone the CITY adopted and approved Findings of Filet and Conclusions of Law; and,
HAVEN COVE SUBDIVISION NO.5 DEVELOPMENT AGREEMENT
Rev. 10/18/94
Page 1
WHEREAS, the Findings of Fact and Conclusions of Law required that the
DEVELOPER enter into a Development Agreement; and
WHEREAS, the said City Council in the Findings of Fact and Conclusions of Law
annexed or rezoned the property subject to de-annexation if the DEVELOPER did not enter into
a Development Agreement.
NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:
DEVELOPER agrees, and hereby binds his, its, or their heirs, successors and assigns to
this agreement, in consideration for the annexation, rezone, or the non"de-annexation of the area,
as follows:
2.
1.
That the above recitals are contractual and binding and are incorporated herein as
if set forth in full.
That DEVELOPER, in accordance with its representations before the CITY, shall,
on the land described in Exhibit" A", only construet single-family houses and that
all such single-family houses shall have at least I 400 square feet of floor space,
exclusive of garages.
3.
That the property zoned R-4, described in "Exhibit A", shall have lot sizes of at
least eight thousand (ß.OOQ) square feet, which is the size represented at the City
hearings, and shall meet all of the requirements of the R-4 zone and have no
duplex units, townhouses, or patio homes constructed on said property.
4.
That there shall be no change to increase the number of lots or reduce the size of
lots as shown in the preliminary plat submitted with the request for annexation,
zoning and preliminary plat approval, which is incorporated herein as if set forth
in full herein.
5.
That DEVELOPER will, before annexation, or de-annexation, me or cause to be
filed with the City Engineer, a complete set of "Subdivision Improvement Plans"
showing all streets, utilities, pressurized irrigation facilities, sewer, water,
drainage, street and other similar signing and barricades, and other such
improvements contemplated within the subdivision, which Plans and all
improvements shown thereon shall meet the approval of the City Engineer. The
Subdivision Improvement Plan, or Plans supplemental thereto, shall also show the
proposed location of pressurized irrigation facilities within or that may affect or
be affected by the development. Said Subdivision Improvement Plans are
incorporated herein and made a part hereof by reference.
6.
That DEVELOPER will, at his or their own expense, construct and install all
sanitary sewers, storm drains, pumping stations, water mains and appurtenances,
rIte hydrants, curbs, gutters and sidewalks, pressurized irrigation system,
HAVEN COVE SUBDIVISION NO.5 DEVELOPMENT AGREEMENT
Rev. 10/18/94
Page 2
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7.
8.
9.
electrical transmission lines, natural gas lines, telephone lines, sidewalks, cross
drains, street, street surfacing, street signs, and barricades as well as any and all
other improvements shown on the Subdivision Improvement Plans. DEVELOPER
shall also install telephone, electrical power, gas lines, and television as required
for the development.
That DEVELOPER will construct and install all such improvements in strict
accordance with the f1!ed and approved plat and Subdivision Improvement Plans,
and the City Standard Engineering Drawings and Standard Engineering
Specifications current and in effect at the time the construction of said
improvements is accomplished, or as otherwise agreed between the DEVELOPER
and the CITY if the standards and specifications are more restrictive and onerous
at the time of construction than at the time of execution of this Agr¡;ement.
That DEVELOPER will provide the City Engineer with at least fifteen (15) days
advance written notification of when and of what portion, or portions, of said
improvl;IDents he intends to complete and the tim¡; schedule therefor; and agrees
to make such modifications and/or construct any temporary facilities necessitated
by such phased construction work as shall b¡; required and approved by the City
Engineer .
That DEVELOPER will have "corrected" original drawings of the Subdivision
Improvement Plans of all said improvem¡;nts prepared by a Registered
Professional Engineer and will provid¡; the CITY with said Plans or a duplicate
mylar copy of said Plans. The Subdivision Improvem¡;nt Plans of the proposed
improvements shall be .corrected" to show the actual constructed location (both
horizontally and vertically) of the various water and sewer lines, all utility lines,
andpressuriz¡;d irrigation lines and their individual building service lines, the curb
and gutter alignment and grades,¡;tc. The "corrected" Subdivision Improvem¡;nt
Plans shall includ¡; a "Certification" thereon, signed by the Registered Prof¡;ssional
Engineer in charge of the work, that said Plans of the various improvements are
true and correct and that he (the Registered Professional Engineer) has inspected
the construction of th¡; various improvements (water lines, sanitary sewer lines,
pressurized irrigation lines, gas lines, electricity lines,storm drain lines,
sidewalks, curb and gutter, street paving, etc.) and that the materials for and the
installation of th¡; same wer¡; all done in conformance with the applicabk City
Standard Engineering Drawings and Standard Engineering Specifications
governing the construction of these facilities.
10.
That DEVELOPER will, immediat¡;ly upon the completion of any such
constructed portion, portions, or the entirety of said development, notify the City
Engineer and requ¡;st his inspection and written acceptance of such completed
improvements.
HAVEN COVE SUBDIVISION NO.5 DEVELOPMENT AGREEMENT
Rev. 10/18/94
Page 3
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11.
12.
That DEVELOPER agrees, that upon a finding by the City Council, duly entered
in the official minutes of the proceedings of the City Council, that a portion, or
portions, or the entirety of said improvements need to be completed in the interest
of th¡; health, w¡;lfar¡; and/or safety of the inhabitants of the CITY, the
DEVELOPER will thereupon, within a reasonable time, construct said needed
improvements, or, if he does not so construet within a reasonable time after
written notification of such Council action, and the CITY thereafter determines
to construet, and does construct such improvement, or improvements, the
DEVELOPER will pay to the CITY the cost of such construction, in such mann¡;r
and under such terms as the CITY shall order after conference with th¡;
DEVELOPER. Provided, however, the City Council shall not make the fmding
set forth in this paragraph except at a regular or special meeting of the City
Council and unless the DEVELOPER has been notified in writing of the time and
place of such meeting at least three (3) days prior thereto and has been given an
opportunity to be present in person or by counsel, and to be heard on the merits
of the proposed finding.
That DEVELOPER agrees that upon his, its, or their having received written
notification from the City Engineer, that any of th¡; requirements herein Specified
have not been compli¡;d with, that the CITY shall have the right to withhold the
issuance of any Certificates of Occupancy within such annexed area and/or shall
have the right to withhold the providing of culinary water service to any part,
parcel, or portion of such annexed area until such time as all requirem¡;nts
specified herein hav¡; be¡;n complied with; provided, however, the DEVELOPER
shall have the right to app¡;ar before th¡; City Council at any regular meeting after
any Certificate of Occupancy or any water service shall have been withheld for
reasons set forth in this paragraph, and shall have the right to be heard as to why
such Certificate of Occupancy should be issued or water service allowed. The
Council shall then decid¡; whether said Certificat¡; of Occupancy shall be issued
or water service to said property allowed, and its decision shall be final, except
that the rights of th¡; parties are preserved at law and equity.
13.
DEVELOPER agrees that, in the event any of the improv¡;ments required h¡;rein
ar¡; not timely installed, the CITY may, at its soI¡; option, install the
improv¡;ments and declare the entire cost of said improvements to be immediately
due and payable and may seek to collect such sums in th¡; manner provided by
law, or may pursue any other remedy set forth herein or as may be available in
law or equity. In the event of such declaration, all sums due shall bear interest
at th¡; prim¡; interest rate of First Security Bank of Idaho, plus fiv¡; percent (5 %)
per annum, until paid.
14.
That ,DEVELOPER agrees to, and does her¡;by, grant a security interest in the
land which is the subject of this Agreement, to secure the installation of all
improvements including, but not limited to, sewer, water, irrigation and drainage
piping, pressurized irrigation system, landscaping and berming, and f¡;ncing. In
HAVEN COVE SUBDIVISION NO.5 DEVELOPMENT AGREEMENT
Rev. 10/18/94
Page 4
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the event of DEVELOPER's failure to complete such installation, the CITY may
install such improvem¡;nts and, without notice, foreclose this Agreement as a
mortgag¡; in accordance with the mortgage foreclosure laws of the State of Idaho;
provided further that upon request of th¡; DEVELOPER, the CITY will execute
and deliver a partial release of the li¡;n created herein against all or any portion
of th¡; subject land, upon completion of that portion of the total improvements
installed which œlates to th¡; percentag¡; of improvements that have been installed
as compared to the total amount of improvements.
The CITY further agr¡;es that, upon request of DEVELOPER, the CITY will, by
written agreement, subordinate the li¡;ncreared hereby, to any mortgage, deed of
trust, or oth¡;r s¡;curity device required to secure the payment of any loan or
advance made to DEVELOPER for the sole purpose of fmancing th¡; construction
of improvements upon th¡; land which is the subject of this Agreement; provided,
however, that th¡; financing ¡;ntity shall first warrant and represent in writing that
it understands that the contemplated loan or advances will be used solely for the
construction of' improvements upon the land and that it will take reasonable
precantions usual and customary to th¡; financing and lending industry to ensure
that the loan proceeds or advances will not be used for any other purpose.
The CITY may also require surety bonds, irrevocable letters of credit, cash
deposits, certified checks or n¡;gotiable bonds, as allowed under 11-9-606 C of the
Revised and Compiled Ordinances of the CITY of Meridian, to insure the
installation of the improvl;IDents, and the DEVELOPER agrees to provide such,
if required by the CITY.
15.
That DEVELOPER agre¡;s that no Certificates of Occqpancy will be issued until
all improv¡;ments ar¡; completed, unless the CITY and the DEVELOPER have
entered into an addendum agreement stating when the improvements will be
completed in a phased developm¡;nt; in any event, no Certificates of Occqpancy
shall be issued in any phas¡; in which the improvements have not been installed,
completed, and accepted by the CITY.
16.
That DEVELOPER agre¡;s, in recognition of the unique and peculiar
circumstances œlative to this development, to th¡; special conditions set forth in
Exhibit "B" attached hereto and by this reference made a part hereof; and agrees
to construct a perimeter fence around the entire parcel prior to any con~ction,
¡;xcept wher¡; roadways and streets for access are located and except wher¡; the
CITY has agrl:ed that such fencing is not n¡;cessary.
HAVEN COVE SUBDMSION NO.5 DEVELOPMENT AGREEMENT
Rev. 10/18/94
Page 5
17.
18.
19.
20,
21.
That DEVELOPER agrees that any notice required by this Agreement shall be
given at the following addr¡;ss:
CITY of Meridian:
City Engineer
City of Meridian
33 East Idaho
Meridian, ID 83642
DEVELOPER:
Interwest Di;ve10pment
3350 Americana Terrace
Boise, ID 83706
That DEVELOPER agrees to pay all œcording fees necessary to œcord this
Agreement with the Ada County Recorder's office.
All covenants and conditions set forth herein shall be appurtenant to and run with
th¡; land and shall be binding upon DEVELOPER's h¡;irs, successors or assigns.
This Agreement shall become valid and binding only upon its approval by th¡; City
Council and execution of the Mayor and City Clerk.
That DEVELOPER agrees to abide by all ordinanc¡;s of the CITY of Meridian
and the property shall b¡; subject to de-ann¡;xation if the owner or his assigns,
h¡;irs, or successors shall not m¡;et the conditions contained in the Findings of Fact
and Conclusions of Law, this Di;vdopment Agreement, and the Ordinances of the
CITY of M¡;ridian.
HAVEN COVE SUBDIVISION NO.5 DEVELOPMENT AGREEMENT
Rev. 10/18/94
Page 6
DATED the date, month and year fltst appearing.
DEVELOPER:
INTERWEST DEVELOPMENT
By t1 ~ If=
Na~e: A Le n ÉlÍI'S r
Title: President
By: <i1~~. L) De.--- r..
Name: Bruce W. Blaser
Title: SecretaJy
CITY OF MERIDIAN
BY~ ~Mhf¥
Grant P. Kingsford, Mayor
BJ~~~~
William G. Berg, Jr., City Cl k
HAVEN COVE SUBDIVISION NO.5 DEVELOPMENT AGREEMENT
Rev. 10/18/94
Page 7
STATE OF IDAHO)
ss.
County of Ada)
On this L day of ¿eA1W,1994, before me, the undersigned, a Notary Public
in and for said State, personally appeared A. Leon Blaser and Bruce W. Blaser, known, or
proved to m¡;, to be the President and Secretary of said corporation that executed this instrument
and the persons who executed th¡; said' instrument on behalf of said corporation, and
acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I hav¡; hereunto S¡;t my hand and affixed my official seal, the
day arid year in this certificate first above written.
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STATE OF IDAHO)
ss.
County of Ada )
On this lføfl'-dayof Nmr..btl" , 1994, before me, the undersigned, a Notary Public
in and for said State, personally appeared GRANT P. KINGSFORD and WILLIAM G. BERG,
JR., known to me to be th¡; Mayor and City Clerk, respectiv¡;ly, of the City of Meridian. that
¡;xecuted this instrument and th¡; persons who executed th¡; said instrument on behalf of said
corporation, and acknowledged to me that said City of Meridian executed the same.
IN WITNESS WHEREOF, ¡have her¡;unto set my hand and affixed my official seal, the
day and year in thiS certificate first abOve written.
(SEAL)
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HAVEN COVE SUBDIVISION NO.5 DEVELOPMENT AGREEMENT
Rev. 10/18/94
Page 8
. "C'O II ins
Engineering
Company, Inc.
3350 Americana Terrace
Boise, idaho 83706
(208) 344-4451
EXHIBIT "A"
HAVEN COVE No.5
LEGAL DESCRIPTION
THE EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF
SECTION II, T, 3 N., R 1 W., B,M" ADA COUNTY, IDAHO.
HYDRAULICS
CIVIL ENGINEERING
HYDRDLOGY
HIGHWAYS
LAND DEVELOPMENT
SURVEYING
PLANNING
..
EXHIBIT "B"
TO THE DEVELOPMENT AGREEMENT
BY AND BETWEEN THE
CITY OF MERIDIAN, IDAHO
AND
INTERWEST DEVELOPMENT
This subdivision is for:M single-family dw¡;lling units with an overall d¡;nsity of.3..1 dwelling
units per act¡;. The DEVELOPER shall:
2.
3.
4.
5.
1.
Til¡; all ditches, canals and waterways, including those that are property boundaries or
only partially located on the property.
Extend and construct water and sewer line extensions to serve the property and conn¡;ct
to Meridian water and sewer lines.
Construct curbs, gutters, sid¡;walks and str¡;¡;ts to and within th¡; prop¡;rty to Ada County
Highway District and City of Meridian standards.
Dedicare the necessary land from the centerlin¡; of Pine Avenue for public right-of-way,
including n¡;œssary bike lanes.
Inform lot owners that they may have to pay any developm¡;nt, impact or transfer fee
adopted by th¡; CITY at the time of request for building permits.
6.
Meet the requir¡;ments and conditions of the Findings of Fact and Conclusions of Law
and meet the OrdinanC¡;S of th¡; CITY.
7.
Provide a tw¡;nty-foot (20') landscaped strip along Pine Av¡;nue to be maintained by the
Homeowners Association.
8.
Construct and install pressurized. irrigation to all lots within this subdivision, with
evidenœ of approvals from appropriate irrigation district/canal company and any
downstream water users associations submitt¡;d to the City.
9.
Provide perimeter fl;Dcing, except where such reqni¡!;ment has b¡;en waived in writing by
th¡; Çity, prior to obtaining building permits.
10.
Provide pedestrian walkways in accordance with Meridian City Ordinance 11-9-605 C.
11.
Reserve Lot 41, Block I for a sanitary sewer lot as well as a pedestrian!bike path which
shall be fenced on both sides and surfaced in accordanœ with City of Meridian Public
Works Department Standards.
EXHIBIT "B"
HAYEN COVE SUBDIVISION NO.5 DEVELOPMENT AGREEMENT
Rev. 10/18/94
Page10f2
. ".-
12.
Provide a temporary turnaround on Lot 36, Block 1, until such time as a future road is
plaœd to connect.
EXHffilT "B"
HAVEN COVE SUBDIVISION NO.5 DEVELOPMENT AGREEMENT
Rev. 10/18/94
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