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Danbury Fair Subdivision No. 5 95065208 ~ ef ~J)h AD;' C",'E:::cr,CEft J. DA"'i¡; è!!,V;\;:;è'J DEVELOPMENT AGREEMENT E/~S ~.iff. II A" //."II .3 :i.fA ~ fJ,.. 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 municÌ¥'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 /3 ¿y)eJ-¡ , ,) 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. "" [' "'" "'Ï\~\ L To,"- $"":> . ";-'-- ~ 4' f -\ ~ 1< E \',). " """,) i -'" "'f "'{:" " ",,' ", "'~ c~, ~v~"", ""'", "" (SEAL) STATE OF IDAHO) ss. Notary Public tì Idaho Residing at: ~, ~ My Commission Expires: l( /7> /'1 r I ( 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) """""""'" ",~\cE l. G'-,,- "'l-R-9 -- f") ~'::. ff*B~OTAJ?;' ~ ~ ÚBl'C *j - or - --" ~ ~() ,,-- '-" ~t Of \~" "" ""..."""""" 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 .¡~ , '