Danbury Fair Subdivision No. 5
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DEVELOPMENT AGREEMENT E/~S ~.iff. II A" //."II
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THIS AGREEMENT, made and entered into this /S.f!!. day'JiS Sfit.d~t¿.f¡tl1 %
, 1995, by and between the CITY OF MERIDIAN, a munic̥'J corpbfatiQn .of the
State of Idaho, party of the fIrst part, hereinafter called the "CITY", an'1i~ ~'\\t-~1nC":,párt)"~¡
the second part, hereinafter called the "DEVELOPER", whose address lš~50s. Beechwood"' .
Avenue Suite 120 Boise Idaho 83709
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 rewned, 11-2-416 L, and one when land is annexed, which is when it is also rewned,
11-2-417 D; and
WHEREAS, the DEVELOPER has submitted an application for annexation and wning,
or an application for rewne, of that certain property described in Exhibit "A", and requested
zoning of R::8 and has submitted a subdivision preliminary plat for said property which has been
recommended for approval by tbe Meridian Plan¡ring and Zoning Commission; apd
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
rewne 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
DANBURY FAIR SUBDIVISION NO.5 DEVELOPMENT AGREEMENT
Page I
~
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 collsideration for the annexation, rezone, or the non-de-annexation of tbe area,
as follows:
1.
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 the following square footages: Twenty-
fIve percent (25%) of the units shall have a minimum of one thousand one
hundred (1,100) square feet, twenty-fIve percent (25%) of the units shall have a
minimum of one thousand two hundred (1,200) square feet, and fIfty percent
(50%) of the units shall have a minimum of one thousand three hundred one
(1,301) square feet of floor space, exclusive of garages.
3.
That the property zoned R::8, described in "Exhibit A", shall have lot sizes of at
least six thousand fIve hundred (6.500) square feet, which is the size represented
at the City hearings, and shall meet all of the requirements of the R-8 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, 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 and gutters, pressurized irrigation system, electrical
DANBURY FAIR SUBDIVISION NO.5 DEVELOPMENT AGREEMENT
Page 2
7.
8.
9.
10.
11.
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.
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.
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
horizontally and 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" Subdivision 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.
That DEVELOPER will, immediately upon the completion of any such
constructed portion, portions, or the entirety of said development, notify the City
Engineer and request his inspection and written acceptance of such completed
improvements.
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 construct 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
DANBURY FAIR SUBDIVISION NO.5 DEVELOPMENT AGREEMENT
Page 3
12.
13.
14.
15.
16.
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 fmding.
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 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 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 service to said property allowed, and its decision shall be final, except
that the rights of the parties are preserved at law and equity.
DEVELOPER agrees that, in the event any of the improvements required herein
are not tißlely 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.
The CITY may 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.
That DEVELOPER agrees that no CertifIcates of Occupancy 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 Occupancy
shall be issued in any phase in which the improvements have not been installed,
completed, and accepted by the CITY.
That DEVELOPER agrees, in recognition of the unique and peculiar
circumstances relative to this development, to the special conditions set forth in
DANBURY FAIR SUBDIVISION NO.5 DEVELOPMENT AGREEMENT
Page 4
17.
18.
19.
20.
21.
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 street~ for access are located and except where the
CITY has agreed in writing 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:
B. W Inc
250 S. Beechwood Avenue
Boise ID 83709
Dennis M. Baker President
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 subject 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.
DANBURY FAIR SUBDIVISION NO.5 DEVELOPMENT AGREEMENT
Page 5
DATED the date, month and year fIrst appearing.
DEVELOPER:
B.W. Inc.
By:. /)~ vV
Name: Dennis Baker
Title: President
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CITY OF MERIDIAN
By Lk.. P. ~~
Grant P. Kingsford, Mayo
By J~d2. W.
William G. Berg, Jr., City ler
DANBURY FAIR SUBDIVISION NO.5 DEVELOPMENT AGREEMENT
Page 6
STATE OF IDAHO)
ss.
County of Ada
On this 15..ßaay of ~ , 1995, before me, the undersigned, a Notary Public
in and for said State, personal~Pennis M. Baker, known, or proved to me, to be the
President of said corporation that executed this instrument and the person who. executed the said
instrument on behalf of said corporation, and acknowledged to me that such corporation executed
the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affIXed my offIcial seal, the
day and year in this certi~.f.1fSt above 'tten.
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(SEAL)
STATE OF IDAHO)
ss.
Notary Public tì Idaho
Residing at: ~, ~
My Commission Expires: l( /7> /'1 r
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County of Ada)
On this ~daY of + , 1995, before me, the undersigned, a Notary
Public in and for said State, personall ppeared GRANT P. KINGSFORD and WILLIAM 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.
IN WITNESS WHEREOF, I have hereunto set my hand and affIxed my offIcial seal, tlie
day and year in this certificate fIrst above written.
(SEAL)
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DANBURY FAIR SUBDIVISION NO.5 DEVELOPMENT AGREEMENT
Page 7
HUBBLE ENGINEERING
1 2138 378 13329 P.ø1/ø4
HUBBLE ENGINEERING, INC.
IJ!i!j() Bethel Court. BoI",ld8ho 83709
I:'>I'I-l\l&'í \ A'
2Q8I322.8992 . Fax 2011/37&0329
PROJECT NO. 9414900
JANUARY 16, 1995
APRIL 27, 1995
REVISED
DANBURY FAIR NO.5
BOUNDARY DESCRIPTION
A PARCEL OF LAND LYING IN THE SW1/40FTHE NE1/4 OF SECTION 7, T.3N., R.1E..
8.M.. ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE CENTER 1/4 CORNER OF SECTIQN 7, T.3N., R.1E., B.M.
THENCE NORTH 89'07'04" EAST ALONG THE EAST-WEST CENTER OF SECTION
LINE WHICH 15 ALSO THE CENTERLINE OF EAST PINE STREET, FOR A DISTANCE OF
661.88 FEET TO THE SOUTHEAST CORNER OF THE WEST 1/2 OF THE SW1/4 OF THE NE114
OF SAID SECTION 7;
THENCE NORTH 0"06'00" EAST ALONG THE EASTERLY LINE OF SAID WEST 1/2 OF
THE SW114 OF THE NE1/4 FOR A DISTANCE OF 106.03 FEET;
THENCE CONTINUING NORTH 0'06'00" EAST ALONG THE SAID EASTERLY LINE OF
THE WEST 1/2 OF THE SW1/4 OF THE NE1/4, WHICH IS ALSO THE WESTERLY
BOUNDARIES OF DANBURY FAIR SUBDIVISION NO.3 AND DANBURY FAIR SUBDIVISION
NO.4 AS RECORDED IN BOOK 66 OF PLATS AT PAGE 6601 AND BOOK 68 OF PLATS AT
PAGE 6961, RESPECTIVELY, FOR A DISTANCE OF 850.96 FEET SAID POINT BEING THE
REAL POINT OF BEGINNING: (INITIAL POINT):
THENCE SOUTH 89'07'04" WEST ALONG THE SOUTHERLY BOUNDARY OF THE SAID
DANBURY FAIR SUBDIVISION NO.4 FORA DISTANCE OF 435.24 FEET TO A POINT ON THE
EASTERLY BOUNDARY OF CATHERINE PARK SUBDIVISION AS RECORDED IN BOOK 53 OF
PLATS AT PAGE 4787, ADA COUNTY RECORDS;
THENCE SOUTH 32'45'57" WEST ALONG THE EASTERLY BOUNDARY OF SAID
SUBDIVISION FOR A DISTANCE OF 183.42 FEET;
THENCE SOUTH 3'38'34" WeST ALONG SAID EASTERLY BOUNDARY FOR A
DISTANCE OF 354.61 FEET (FORMERLY DESCRIBED AS SOUTH 3'25' WEST; 355.00 FEET);
THENCE CONTINUING ALONG SAID EASTERLY BOUNDARY SOUTH 38'23'20" EAST
FOR A DISTANCE OF 145.72 FEET TO THE SOUTHEAST CORNER OF SAID SUBDIVISION
(FORMERLY DESCRIBED AS SOUTH 38'26' EAST, 145.13 FEET);
Page 1 of2
. 'RUG-15-1995 16: 19
HUBBLE ENGINEERING
1 208 378 0329 P. 02/04
THENCE LEAVING SAID EASTERLY BOUNDARY SOUTH 39"10'57" EAST ALONG THE
APPROXIMATE CENTERLINE OF FIVE MILE CREEK FOR A DISTANCE OF 426.95 FEET TO
A POINT ON THE EAST.WEST CENTER OF SECTION LINE;
THENCE NORTH 89.0T04" EAST ALONG SAID CENTER OF SECTION LINE FOR A
DISTANCE OF 195.11 FEET;
THENCE NORTH 0-06'00" EAST ALONG THE SAID EASTERLY LINE OF THE WEST 1/2
OF THE SW114 OF THE NE1/4 FOR A DISTANCE OF 106.0S FEET TO THE REAL POINT OF
BEGINNING, CONTAINING 10.02 ACRES. MORE OR lESS.
TRWNWIDES.737
TODD R. WAITE, P.L.S.
Page2of2
7.
EXHIBIT "B"
TO THE DEVELOPMENT AGREEMENT
BY AND BETWEEN THE
CITY OF MERIDIAN, IDAHO
AND
B. W. Inc.
This subdivision is for a maximum of 33 single-family dwelling units with an overall density of
3.3 dwelling units per acre. The DEVELOPER shall:
1.
Tile all ditches, canals and waterways, including those that are property boundaries or
only partially located on the property, with the exception of Five Mile Creek, which shall
remain open. Submit approvals and/or executed license agreements from appropriate
irrigation district/downstream water users.
2.
Extend and construct water and sewer line extensions to serve the property and connect
to Meridian water and sewer lines, and extend and construct sewer and water lines
through to furthermost boundaries of the property, as approved by the Meridian City
Engineer.
3.
Construct streets to and within the property in accordance with Ada County Highway
District and City of Meridian Standards.
4.
Dedicate the necessary land from the centerline of Pine Avenue for public right-of-way,
including any necessary bike lanes, to meet Ada County Highway District and City of
Meridian standards.
5.
Meet the requirements of 11-9-605 C. (Pedestrian Walkways), G.(Planting Strips and
Reserve Strips), H.2. (Preservation of Natural Features), K. (Lineal Open Space
Corridors), and L. (Pedestrian/Bike Pathways) subject to irrigation district approval.
Said pathway to consist of multm purpose gravel surface only.
Meet the requirements and conditions of the Findings of Fact and Conclusions of Law
and meet the Ordinances of the CITY.
6.
Provide pressurized irrigation to all lots within this subdivision. Evidence of approvals
from appropriate agencies must be submitted to the City.
8.
Install perimeter fencing prior to obtaining building permits; install non-combustible
fencing along Five Mile Creek. Please reference attached fencing plan.
EXHIBIT "B"
DANBURY FAIR SUBDIVISION NO.5 DEVELOPMENT AGREEMENT
Page 1 of 1
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