Danbury Fair Subdivision No. 7
96 O-G 6755
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DEVELOPMENT AGREEMENf¡SE ¡l) d - ", .
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THIS AGREEMENT, made and en~red into this ¿ - day of !¿1t n k!-
-'.--, 1996, by and between the CITY OF MERIDIAN, a nfiftiicipa1..GGIf!ocatien-of-the-State of
Idaho, party of the first part, hereinafter called the "CITY", aIi¡¡~;~'ii,Iht':~arlý\¡jt¡tfi~ second
part, hereinafter called the "DEVELOPER", whose address is 250 S 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 rewning 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 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
wning of R:.8. 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
i~provements 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
DANBURY FAIR SUBDIVISION NO.7 DEVELOPMENT AGREEMENT
6/13/96
Page I
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 rezone 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 City Council in the Findings of Fact and Conclusions of Law
annexed or rewned 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:
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 shal1 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 shal1 have a minimum of one thousand three hundred one (1,301) square feet
of floor space, exclusive of garages, with the exception of Lot 2, Block 19
(existing home).
3.
That the property wned &8., described in "Exhibit A", shall have lot sizes of at
least six thousand five hundred (fi.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~crease the number of lots or reduce the size of
lots as shown in the preliminary¡plat submitted with the request for annexation,
wning and preliminary plat appJþval, which is incorporated herein as if set forth
in full herein. /
DANBURY FAIR SUBDIVISION NO.7 DEVELOPMENT AGREEMENT
6/13/96
Page 2
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
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.
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.
9.
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
shal1 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
DANBURY FAIR SUBDIVISION NO.7 DEVELOPMENT AGREEMENT
6/13/96
Page 3
10.
11.
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 fmding 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
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.
12.
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 OcclIPancy 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 DEVELOPERshall 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 fmal, except that the
rights of the parties are preserved at law and equity.
DANBURY FAIR SUBDIVISION NO.7 DEVELOPMENT AGREEMENT
6/13/96
Page 4
13.
14.
15.
16.
17.
18.
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.
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 Occqpancy 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 C'.ertificates of Occl¡pancy
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 Exhibit "B"
attached hereto and by this reference made a part hereof.
That DEVELOPER agrees th¡¡t 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 , Tnc
250 S Beechwood Avenue
Boise, TO 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.
DANBURY FAIR SUBDIVISION NO.7 DEVELOPMENT AGREEMENT
6/13/96
Page 5
19.
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.
20.
This Agreement shall become valid and binding only upon its approval by the City
Council and execution of the Mayor and City Clerk.
21.
That DEVELOPER agrees to abide by all ordinances of the CITY of Meridian and
the property shal1 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.
DATED the date, month and year fITst appearing.
DEVELOPER:
BW,Inc
By: 7"')---- - ~
Name: Dennis Baker
Title: President
CITY OF MERIDIAN
DANBURY FAIR SUBDIVISION NO.7 DEVELOPMENT AGREEMENT
6/13/96
Page 6
STATE OF IDAHO)
ss.
County of Ada )
On this ~ day Of~e.. ' 1996, before me, the undersigned, a Notary Public
in and for said State, personally appeared Dennis 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.
(SEAL)
STATE OF IDAHO)
ss.
County of Ada
)
On this a.~ day of ,J~ , 1996, before me, the undersigned, a Notary Public
in and for said State, personally appeared ROBERT D. CORRIE 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, the
day and year in this certificate first above written.
(SEAL)
DANBURY FAIR SUBDIVISION NO.7 DEVELOPMENT AGREEMENT
6/13/96
Page 7
. HUB.,LE ENGINEERING, INC.
9550 Bethel Court. Boise, Idaho 83709
2081322-8992 . Fax 20lIl378-0329
FEBRUARY 16, 1996
E:,x..tlðlÍ 'A' REVISED FEBRUARY 22. 1996
DANBURY FAIR SUBDIVISION NO.7
A PARCEL OF LAND BEING LOTS 1, 2, 8, AND A PORTION OF LOT 7 OF EASTSIDE
ADDITION TO MERIDIAN AS SHOWN ON THE PLAT THEREOF RECORDED IN BOOK 4 OF PLATS
AT PAGE 158 OF ADA COUNTY RECORDS AND LYING WITHIN THE SE1/4 OF THE NE1/4 OF
SECTION 7, TOWNSHIP 3 NORTH, RANGE 1 EAST, B.M., MERIDIAN CITY, ADA COUNTY, IDAHO,
MORE PARTICULARLY DESCRIBED AS FOLlOWS:
"-
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 7;
THENCE SOUTH ALONG THE EAST SECTION LINE, A DISTANCE OF 1974,74 FEET:
THENCE S 89°21'51" W, A DISTANCE OF 45.00 FEET, TO THE REAL POINT OF BEGINNING
(INTIAL POINT);
THENCE S 89'21 '51" W, ALONG THE NORTH BOUNDARY LINE OF MAWS ADDITION NO, 2.
A DISTANCE OF 608.94 FEET;
THENCE N 00°02'01" E, A DISTANCE OF 532.70 FEET;
THENCE SOUTH 89°36'07" WEST, A DISTANCE OF 40.00 FEET;
THENCE SOUTH 00°02'01" WEST, A DISTANCE OF 407.86 FEET;
THENCE S 89°21'51" W, A DISTANCE OF 180.00 FEET;
THENCE S 00°02'01" W, A DISTANCE OF 125.00 FEET;
THENCE S 89'21'51"W, A DISTANCE OF 448.94 FEET TO THE EAST BOUNDARY LINE OF
DANBURY FAIR SUBDIVISION NO.3;
THENCE N 00°04'01" E, ALONG SAID EAST BOUNDARY LINE, A DISTANCE OF 655.47 FEET
TO THE NE1/16TH CORNER OF SAID SECTION 7;
THENCE N 89'36'07" E, ALONG THE SOUTH BOUNDARY LINE OF DANBURY FAIR
SUBDIVISION NO.2 AND SAID LINE EXTENDED A DISTANCE OF 1297.07 FEET TO THE WEST
RIGHT-OF-WAY LINE OF LOCUST GROVE ROAD;
THENCE SOUTH ALONG SAID RIGHT-OF-WAY LINE A DISTANCE OF 650.08 FEET;
THENCE S 89°21'51" W, A DISTANCE OF 20.00 FEET TO THE REAL POINT OF BEGINNING.
CONTAINING 18.4369 ACRES OF LAND, MORE OR LESS.
PREPARED BY:
HUBBLE ENGINEERING, INC. '
TRW/BH/1188.DES
TODD R. WAITE, P.L.S.
7.
EXHIBIT "B"
TO THE DEVELOPMENT AGREEMENT
BY AND BETWEEN THE
CITY OF MERIDIAN, IDAHO
AND
BW,Inc
This subdivision is for a maximum of 13. single-family dwelling units with an overall density of
1..2Q 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. Submit approvals and/or executed license agreements
from appropriate irrigation district/downstream water users prior to obtaining building
permits.
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 an additional twenty feet (20') from the centerline of Locust Grove Road for a
total of forty-five (45) feet for public right-of-way, including 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).
6.
Meet the requirements and conditions of the Findings of Fact and Conclusions of Law and
meet the Ordinances of the CITY.
Provide pressurized irrigation to all lots within this subdivision. Evidence of approvals
from appropriate agencies must be submitted to the City.
8.
Insta1l perimeter fencing prior to obtaining building permits; p~rrnanent six-foot (6') high
fencing shall be provided along rear lot lines of building lots backing up to Locust Grove
Road, the northern boundary abutting unplatted parcels, and adjacent to existing residential
property located on N. Adkins Lane.
EXHIBIT "B"
DANBURY FAIR SUBDIVISION NO.7 DEVELOPMENT AGREEMENT
6/13/96
Page 1 of I
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