Haven Cove No. 7
,'- ,
AD~lc ~CORDED-REau~s F
J. DAvID NAVfR~ER I
BOISE.IOAHO. II ~ FEE~EPUT . ~
J998JL23 A'f¡:?f, "98070696
DEVELOPMENT AGREEMENT
THIS AGREEMENT, made and entered into this Zt1-~ay of' J'Ú/f-tœ ' 1998, by
and between the CITY OF MERIDIAN, a municipal corporation of the State 0 daho, party of
the first part, hereinafter called the "CITY", and MERIDIAN LAND DEVELOPMENT
COMPANY, LLC, party of the second part, hereinafter called the "DEVELOPER", whose
address is P. O. Box 3023, Boise, ID 83703.
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 reroned, 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
wRing of ~ and has submitted a subdivision preliminary plat for said property which has been
recommended for approval by' the Meridian Planning and Zoning 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 reroning of property; and
HAVEN COVE SUBDMSION NO.7 DEVELOPMENT AGREEMENT
7/20/98
Page I
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 rewned, 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 terone the
CITY adopted and approved Findings of Fact and Conclusions of Law; and,
WHEREAS, the Findings of Fact and Conclusions of Law required that the DEVELOPER
enter into a Development Agreement; and
WHEREAS, the said Çity 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, rewne, or the non-de-annexation of the area,
as follows:
4.
l.
That the above recitals are contractual and binding and are incorporated herein as
if set forth in full.
2.
That DEVELOPER, in accordance with its representations before the CITY, shall,
on the land described in Exhibit" A", only construct single- family houses and that
all such single-family houses shall have at least.1AOO square feet of floor space,
exclusive of garages.
3.
That the property zoned ~, described in "Exhibit A", shall have lot sizes of at
least eight thon~and (.8JIOO) 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.
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.
HAVEN COVE SUBDIVISION NO.7 DEVELOPMENT AGREEMENT
7/20/98
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5.
That DEVELOPER will, before annexation, or de-annexation, file 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,
fire hydrants, curbs, gutters and sidewalks, pressurized irrigation system, electrical
\1'anSmission 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.
7.
That DEVELOPER will construct and install all such improvements in strict
accordance with the filed 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 Agreement.
8.
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
improvements he intends to complete and the time schedule therefor; and agrees
to make such modifications and/or construct any temporary facilities necessitated
by such phased construction work as shall be required and approved by the City
Engineer.
That DEVELOPER will have "corrected" original drawings of the Subdivision
Improvement Plans of all said improvements prepared by a Registered Professional
Engineer and will provide the CITY with said Plans or a duplicate mylar copy of
said Plans. The Subdivision Improvement Plans of the proposed improvements
shall be "corrected" to show the actual constructed location (both horiwntaUy and
HAVEN COVE SUBDIVISION NO.7 DEVELOPMENT AGREEMENT
7/20/98
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vertically) of the various water and sewer lines, all utility lInes, and pressurized
irrigation lines and their individual building service lines, the curb and gutter
alignment and grades, etc. The" corrected" Subdivîsion Improvement Plans shall
include a "Certification" thereon, signed by the Registered Professional Engineer
in charge of the work, that said Plans of the various improvements are true and
correct.
10.
That DEVELOPER will, immediately upon the completion of any such constructed
portion, portions, or the entireI;y of said development, notify the City Engineer and
request his inspection and written acceptance of such completed improvements.
11.
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 the health, welfare 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 constIUct within a reasonable time after written
notification of such Council action, and the CITY thereafter determines to
construct, and does construct such improvement, or improvements, the
DEVELOPER will pay to the CITY the cost of such construction, in such manner
and under such terms as the CITY shall order after conference with the
DEVELOPER. Provided, however, the City Council shall not make the finding
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 the requirements herein specified
have not been complied with, that the CITY shall have the right to withhold the
issuance of any C..ertificates of PCcupao¡;y 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 requirements specified
herein have been complied with; provided, however, the DEVELOPER shall have
the right to appear before the. 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 decide whether said Certificate of Occupancy shall be issued or water
HAVEN COVE SUBDMSION NO.7 DEVELOPMENT AGREEMENT
7/20/98
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14.
service to said property allowed, and its decision shall be final, except that the
rights of t,be parties are preserved at law and equity .
13.
DEVELOPER agrees that, in the event any of the improvements required herein
are not timely installed, the CITY may, at its sole option, install the improvements
and declare the entire cost of said improvements to be immediately due and payable
and may seek to collect such sums in the 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 the prime interest rate
of First Security Bank of Idaho, plus five percent (5 %) per annum, until paid.
That DEVELOPER agrees to, and does hereby, grant a security interest in the land
which is the subj«t 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 fencing. In
the event of DEVELOPER's failure to complete such installation, the CITY may
install such improvements and, without notice, foreclose this Agreement as a
mortgage in accordance with the mortgage foreclosure laws of the State of Idaho;
provided further that upon request of the DEVELOPER; the CITY will execute and
deliver a partial release of the lien created herein against all or any portion of the
subject land, upon completion of that portion of the total improvements installed
which relates to tile percentage of improvements that have been installed as
compared to the total amount of improvements.
The CITY further agrees that, upon request of DEVELOPER, the CITY will, by
wri~ agreement, subordinate the lien created hereby, to any mortgage, deed of
trust, or. other security device required to secure the payment of any loan or
advance made to DEVELOPER for the sole purpose of financing the construction
of improvements upon the land which is the su~t of this Agreement; provided,
however, that the financing entity shall fU'st 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
precautions usual and customary to the 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 negotiable 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 improvements, and the DEVELOPER agrees to provide such,
if required by the CITY.
HAVEN COVE SUBDIVISION NO.7 DEVELOPMENT AGREEMENT
7/20/98
Page 5
15.
16.
17.
18.
19.
20.
21.
That DEVELOPER agrees that no Certificates of Occl\pam;y will be issued until
all improvements are completed, unless the CITY and the DEVELOPER have
entered into an addendum agreement stating when the improvements will be
completed in a phased development; in any event, no Certificates of OccnpanGY
shall he issued in any phase in which the improvements have not been installed,
completed, and accepted by the CITY.
That DEVELOPER agrees, in recognition oftbe unique and peculiar circumstances
relative to tbis development, to the 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 construction, except where
roadways and streets for access are located and except where the CITY has agreed
that such fencing is not necessary.
That DEVELOPER agrees that any notice required by this Agreement shall be
given at the following address:
CITY of Meridian:
City Engineer
City of Meridian
33 East Idaho
Meridian, ID 83642
DEVELOPER:
Mnidilln T .And Deve\Qpfilent Co LLC
POBox 3023
Boise, ID 83703
AID!" Glenn F Bla.~er, Managing Memher
That DEVELOPER agrees to pay all recording fees necessary to record this
Agreement with the Ada County Recorder's office.
All covenants and conditions set forth herein shall be appurtenant to and run with
the land and shall be binding upon DEVELOPER's heirs, successors or assigns.
This Agreement shall become valid and binding only upon its approval by the City
Council and execution of the Mayor and City Clerk.
That DEVELOPER agrees to abide by all ordinances of the CITY of Meridian and
the property shall be sul'!iect to de-annexation if the owner or his assigns, heirs, or
successors shall not meet the conditions contained in the Findings of Fact and
Conclusions of Law, this Development Agreement, and the Ordinances of the
CITY of Meridian.
HAVEN COVE SUBDIVISION NO.7 DEVELOPMENT AGREEMENT
7/20/98
Page 6
DATED the date, month and year first appearing.
DEVELOPER:
MERIDIAN LAND DEVELOPMENT CO LLC
BY:../1~ r l$.Poð1
Name: Glenn F Blaser
Title: Managjn ¡' Member
:]fL~J. ~ f/
Title: Mana¡il\g Member
CITY OF MERIDIAN
~~
. Corrie, Mayor
-JÞ k...: ¿[ ~ ' 9-
William G. Berg, Jr., City CI k
HAVEN COVE SUBDMSION NO.7 DEVELOPMENT AGREEMENT
7/20/98
Page 7
STATE OF IDAHO )
ss.
County of Ada
On this 2J..! day Of~, 1998, before me, the undersigned, a Notary Public
in and for said State, personally appeared Glenn F Blaser and Michael S Camphell, known, or
proved to me, to be the Managing Members of said Umited Uability Company that executed this
instrument and the persons who executed the said instrument on behalf ,of said limited liability
compall.y. and acknowledged to me that such limited liability company executed the same.
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,~:wITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the
day.a:fld'~~in this certificate fust aboVe written.
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Notary Public for Idaho
Residing at: ~~~o ' :t;Jr\ l..o
My Commission E~s: ¡ð I/(¿, /9/r
STATE OF IDAHO)
ss.
County of Ada
On this~ day of ~-v- ,1998, before me, the undersigned, a Notary Public
in and for said State, personall~OBERT D. CORRIE and WILUAM G. BERG, JR.,
known to me to be the Mayor and City Clerk, respectively, of the City of Meridian that executed
this instrument and the persons who executed the said instrument on behalf of said corporation,
and acknowledged to me that said City of Meridian executed the same.
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IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the
day and year in this certificate first above written.
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Residing at: fScJ$.-G JJ1ISl
My Commission Expires: Srl~
HAVEN COVE SUBDIVISION NO.7 DEVELOPMENT AGREEMENT
7/20/98
Page 8
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290 North Maple Grove Road
Boise, ID 83704
12081378-6380
Fax 12081378-0025
PROJECT: 549209
DATE: May 14, 1997
ANNEXATION PARCEL
DESCRIPTION FOR HAVEN COVE NO.7 SUBDIVISION
A PORTION OF THE SOUTH-HALF OF THE NORTHWESTQUARTER
SECTION II
TJN., R.IW., B.M.
ADA COUNTY, IDAHO
A parcel ofland being a portion of the South-Half of the Northwest Quarter of Section 1 I, T.3N., R. 1 W., B.M., Ada
County, Idaho and more particularly described as follows:
Beginning at a brass cap marking the Southwest corner of said NW y., of Section 11, thence along the Southerly boundary of
said NW y., of Section 11 and the centerline of West Pine Street, South 89°10'57" East 1322.64 feet to an iron pin marking the
Southwest corner of the SE y., of said NW y., of Section II, said iron pin being the REAL POINT OF BEGINNING;
thence aiong the Westerly boundary of said SE y., of the NW y., of Section II, North 00°30'36" East 520.68 feet to an iron
pin on the Northeasterly boundary of Eight Mile Lateral:
thence along said Northeasterly boundary of Eight Mile Lateral, North 61°01'27" West 589.45 feet to an iron pin;
thence North 39°09'21" West 688.46 feet to an iron pin on the Northerly boundary of said S Y, ofthe NW 'f. of Section II;
thence along said Northerly boundary of the S Y, of the NW y., of Section 11. South 88°54 '42" East 1389.45 feet to an iron
pin;
pin;
thence leaving said Northerly boundary of the S Y, of the NW y., of Section II, South 01°05' 18" West 100.00 feet to an iron
thence South 10°12'43" West 50.64 feet to an iron pin;
thence South 00°33'12" West 100.00 feet to an iron pin;
thence South 88°54'42" East 240.01 feet to an iron pin on the Easterly boundary of the W Y, of the SE y., of said NW y., of
Section II;
thence along said Easterly boundary of the W \/, of the SE y., of the NW y., of Section II, South 00°33 '12" West 1068.79 feet
to an iron pin on said Southerly boundary of the NW y., of Section 11 and the centerline of West Pine Street;
thence along said Southerly boundary of the NW y., of Section II and said centerline of West Pine Street, North 89' 10'57"
West 661.32 feet to the point of beginning, comprising 29.25 acres more or less.
SUBJECT TO:
All existing easements and road rights-of-way of record or appearing on the above-described parcel of land.
Prepared by:
Pacific Land Surveyors
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0:\ win word\descr\54 9209 Z.doc
Douglas G. Bergey, P.LS.
Pacific Land Surveyors, a division of POWER Engineers. Inc" an Idaho Corporation
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7.
8.
EXHmIT "B"
TO THE DEVELOPMENT AGREEMENT
BY AND BETWEEN THE
CITY OF MERIDIAN, IDAHO
AND
MERIDIAN LAND DEVELOPMENT CO LLC
This subdivision is for a maximum of.!II.. single-family dwelling units with an overall density of
J...32 dwelling units per acre. The DEVELOPER shall:
I.
Tile all ditches, canals and waterways, including those that are property boundaries or only
partially located on the property, with the exception of the Eight Mile Lateral, for which
the DEVELOPER has been given a variance;
2.
Extend and construct water and sewer line extensions to serve the property and connect to
Meridian water and sewer lines;
3.
Construct curbs, gutters, sidewalks and streets to and within the property to Ada County
Highway District and City of Meridian standards;
4.
Dedicate the necessary land ftom the centerline of Pine Avenue for public right-of-way,
including necessary bike lanes;
5.
Inform lot owners that they may have to pay any development, impact or transfer fee
adopted by the CITY at the time of request for building permits;
6.
Meet the requirements and conditions of the Findings of Fact and Conclusions of Law and
meet the Ordinances of the CITY, as well as all representItions made by the DEVELOPER
and DEVELOPER's representative at public meetings;
Provide a twenty-foot (20') landscaped strip along Pine Avenue to be maintained by the
Homeowners Association, and allow no encroachment of said strip;
Construct and install pressurized itrigation to all lots within this subdivision, with evidence
of approvals ftom appropriate itrigation district/canal company and any downstream water
users associations submitted to the City, prior to obtaining building permits;
EXHIBIT "B"
HAVEN COVE SUBDIVISION NO.7 DEVELOPMENT AGREEMENT
7/20/98
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9.
Provide and install perimeter fencing (except where such requirement has been waived in
writing by the City), street signs, and street lights prior to obtaining building permits (in
the case of phased development, temporary fencing to contain construction debris shall be
installed prior to obtaining building permits);
10.
Provide pedestrian walkways in accordance with Meridian City Ordinance 11-9-605 C; and
11.
Install permanent, six-foot-high, non-combustible fencing along the Eight Mile Lateral,
which fence shall be installed at the easement line unless appropriate encroachment
approvals are recorded and submitted to the CITY.
EXHIBIT "B"
HAVEN COVE SUBDMSION NO.7 DEVELOPMENT AGREEMENT
7/20/98
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