Devlin Place Subdivision
rvvMtlrW
ADA COUNTY RECORDER elk.
J. OAV!l) NAVARRO C J
BOISE. IDAHO'
I993AP -6 PH I: 06
RE. CQRDED-REQUE~T OF
ß24J--
fEEÆ-oEPUTY
98031450
DEVELOPMENT AGREEMENT
TIllS AGREEMENf, made and entered into this ~ day of March ,
1998, by and between the CITY OF MERIDIAN, a municipal corporation of the State ofIdaho, party
of the first part, hereinafter called the "CITY", and D.D. & F., an Oregon general partnership, party
of the second part, hereinafter called the "DEVELOPER", whose address is 501 SE Columbia Shores
Boulevard, Suite 300, Vancouver, Washington 98661.
WITNESSETH:
WHEREAS, DEVELOPER is the sole owner, in law and/or equity, of a certain tract orland
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, 67-651IA,
Development Agreements, which provides that cities may enter into development agreements with
developers upon rezoning ofland; and
WHEREAS, the CITY has passed Ordinance 11-2-417 D, which authorizes development
agreements upon the-rezoning ofland; and
WHEREAS, the DEVELOPER has submitted an application zoning of that certain property
described in Exhibit "A", and of the 24.88 acres total, has requested zoning ofL-O for 8.05 acres,
with the rest of16.83 acres to remain zoned R-4; and
WHEREAS, the DEVELOPER has consented to the submittal of preliminary and final plat
applications for 12.23 acres of the parcel for development as a single-family residential subdivision
to be known as Devlin Place Subdivision which has been approved with conditions outlined by City
staff and various agencies, as approved by the City Council on March 3, 1998; and
WHEREAS, the DEVELOPER made some representations at public hearings before the
Meridian Planning and Zoning Commission and Meridian City Council 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
3/6/98
PRESTIGE CARElDEVLIN PLACE SUBDIVISION DEVELOPMENf AGREEMENT Page 1
WHEREAS, the DEVELOPER, as sole owner of said land, has requested a Conditional Use
Permit for the development of a 44-unit assisted living facility, with 16 units of Alzheimer's care; ten
garden apartments; a two-story, 106-suite retirement complex; and a city park. DEVELOPER has
submitted to the CITY site plans as to how the property might be platted, landscaped, bermed,
lighted, access provided, andèlevations.
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 its heirs, successors and assigns to this agreement,
in consideration for the annexation, rezone, 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, and the terms of this agreement cannot be altered, changed or
modified without the express written consent of the CITY.
2.
That DEVELOPER, in accordance with its representations before the CITY, shall,
on the land described in Exhibit "A":
a. Develop and construct an assisted living facility and senior housing on 8.05
acres of the property.
b. - Submit to the CITY applications for conditional use, and obtain the CITY's
approval thereof, prior to, and as a condition oJ: the commencement of construction
of any building(s) or improvements on the property, intended for senior housing or
other uses.
c. Develop and construct single-famiIy residential units on 12.23 acres of the
property and dedicate 4.6 acres of land for a City park on the Subject Property as
presented to the CITY.
d. Submit a subdivision plat application of the property to the CITY to be
approved by the CITY and recorded in the Ada County Recorder's office prior to any
development.
e. The DEVELOPER or its successor shall only construct single-family houses
on the 12.23 acres ofland, and a'l such single-family houses shall have at least one
thousand four hundred (1.400) square feet of floor space, exclusive of garages, and
there shall be no change to increase the number oflots or decrease the size oflots as
3/6/98
PRESTIGE CARElDEVLIN PLACE SUBDMSION DEVELOPMENT AGREEMENT Page 2
3.
4.
shown on the approved final plat, which is incorporated herein as if set forth in full
herein.
That the property zoned R-4 shall have lot sizes of at least eight thousand (8.000)
square feet, wffich is the size represented at the City hearings, and shall meet all of the
requirements of the R-4 zone and allow no duplex units, townhouses, or patio homes
to be constructed on said property.
That DEVELOPER will file or cause to be filed with the City Engineer, a complete
set of Improvement Plans "Improvement Plans" showing all streets, entry drives
entering the property ftom a public right-of-way, utilities, pressurized irrigation
facilities, tiling and piping of ditches, fire hydrants, sewer, water, drainage, street and
other similar signing and barricades, and other such improvements contemplated
within the development, which Plans and all improvements shown thereon shall meet
the approval of the City Engineer. Said Improvement Plans are incorporated herein
and made a part hereof by reference.
It is agreed that the improvements to be constructed and installed by successor owners
which are located wholly within the boundaries of the lot (hereafter "On-Site
Improvements") are subject to the terms of this Development Agreement, and shall
be subject to approval by the CITY in the normal course of the CITY's issuance of a
conditional use or other permit and building permit for the construction of a building
on such separate lot, with the CITY's remedy for failure to construct or install such
On-Site Improvements being as provided in the Ordinances of the CITY or the denial
of a Certificate of Occupancy with respect to the building constructed on said lot.
The failure of the owner of a lot within the property to construct or install the On-Site
Improvements on said lot shall not affect or interfere with the issuance of a building
permit or a Certificate of Occupancy with respect to any other lot within the property,
provided the owner thereof is in compliance with the terms and conditions of the
approvals granted for that lot by the CITY and/or the plans approved by the CITY
for the building constructed thereon.
5.
That DEVELOPER will, at its own expense, construct and install all sanitary sewers,
storm drains, utilities, pumping stations, water mains and appurtenances, fire hydrants,
curbs, gutters and sidewalks, pressurized irrigation system, tiling and piping of
irrigation ditches, electrical transmission lines, natural gas lines, telephone lines, cross
drains, streets, street surfacing, street signs, and barricades as well as any and all other
improvements shown on the Improvement Plans as reviewed and approved by the
CITY.
6.
That DEVELOPER will construct and install all such improvements in strict
accordance with a filed and approved plat and Improvement Plans, and the City
Standarcl Engineering Drawings and Standard Engineering Specificatii)'1s current and
in effect at the time the construction of said improvements is accomplished.
3/6/98
PRESTIGE CARE/DEVLIN PLACE SUBDMSION DEVELOPMENT AGREEMENT Page 3
7.
8.
9.
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 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
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 EOgmeer 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 or
portion thereof.
10.
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 DEVELOPER or attempted conference after notice to
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 counse~ and to be heard on the merits of the proposed finding.
That DEVELOPER agrees that upon its having received written notification ftom 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
ofOccupanr,y within such area and/or shal1 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
3/6/98
PRESTIGE CARElDEVLIN PLACE SUBDIVISION DEVELOPMENT AGREEMENT Page 4
11.
12.
13.
14.
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.
That DEVELOPER agrees that as security for the construction by the DEVELOPER
of the Project Improvements, the CITY shall require ftom the DEVELOPER
irrevocable letter( s) of credit, cash deposit( s), certified check( s), or negotiable bond( s)
as allowed under Section 11-9-606 C of the Revised and Compiled Ordinances of the
City of Meridian, and the CITY shall have the right to withhold a building permit with
respect to any lot within the property until the same is provided by the DEVELOPER.
Said improvements shall include, but not be limited to, sewer, water, irrigation and
drainage piping, pressurized irrigation system, landscaping and berming, and fencing.
That DEVELOPER agrees that no Certificates of OccuDancy 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 ofOccuDancy shall be issued in any
phase in which the improvements have not been installed, completed, and ac~epted
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; 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 in writing that
such fencing is not necessary.
15.
That DEVELOPER agrees that any notice required by this Agreement shall be
deemed delivered if and when personally delivered or deposited in the United States
mail, registered or certified mail, postage prepaid, return ~eceipt requested, addressed
as follows:
CITY of Meridian:
City Attorney
City of Meridian
33 East Idaho
Meridian, ID 83642
DEVELOPER:
D D. & F. c/o Brad luke
501 SE Columbia Shores Blvd.. Suite 300
Vancouver. WA 98661
A party shall have the right to change its address by delivering to the other party a
written notification thereof in accordance with the requirements of this Section. . The
parties may at any time hereafter modify or amend this Agreement by a subsequent
written agreement executed by the parties. This Agreement shall not, however, be
changed orally, nor shall it be deemed modified in any way by the act of any of the
3/6/98
PRESTIGE CARE/DEVLIN PLACE SUBDMSION DEVELOPMENT AGREEMENT Page 5
parties hereto. Nothing herein in intended, nor shall it be construed, as obligating a
party to agree to any modification to this Agreement.
16.
That DEVELOPER agrees to pay all recording fees necessary to record this
Agreement with the Ada County Recorder's office.
17.
AIl 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.
18.
This Agreement shall become valid and binding only upon its ápproval by the City
Council and execution of the Mayor and City Clerk.
19.
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.
DATED the date, month and year first appearing.
DEVELOPER:
D.D.&F.
By ~~~
Nanle: P 'G. Fog
Title: MAnAging General artner
(SEAL)
(SEAL)
3/6/98
PRESTIGE CAREIDEVLIN PLACE SUBDMSION DEVELOPMENT AGREEMENT Page 6
STATE OF tJ~~
v
ss.
County of ~
On this ~ day of ~ , 1998, before me, the undersigned, a Notary Public in
and for said State, personally appeared PhiIio G. Fogg , known, or proved to me, to be the Managing
General Partner ofD.D. & F., an Oregon general partnership, whose name is subscribed to the within
instrument, and acknowledged to me that he executed the same.
~~WHEREOF, I have hereunto set my hand and affixed my official seal, the day
and yeaiß'OOš c~e first above written.
IlltI""""!11
,,\\\'~ ,.S S¡./?"'I
,,' ,,< ~'~"" ó' ~~
)' ;~?/ :¡Î'.~.,~,\
'" oJ'-!$.,o ':Ìo "~,, -
? .....,:.>If c:: 0.. ~'\. ""~
~d.¡¡ . CiI ~ ~~ ê
"".7~~.. c.. ~. ¡;'..'.l-.. ~
~t!?,. I:'I-","~,:...~
~-..: ALJ,I'Io.,.;;:-;¡;
". '\i:~"'~""""~~" l'
.>',.,,; :~ .': ~ 1\1"'"
, ..,.""""".
Notary Public for
Residing at:
My Commission Expires:
s':;ltEo\; IDAHO)
County of Ada )
On this ~ day of ~..p('tL , 1998, before me, the undersigned, a Notary Public in
and for said State, personally appeàred 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.
ss.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day
and year in this certificate first above written.
~""-""",«
,.~~~ 6~\.. L. 91A:#~
./ .¡;.~ ","".'-";::Ú' ~
f ('¿'A.nTA~ÿ\ \
. . ~ =
=*i -~- *=
\ \ ÞUB\"\C i
'\ <1':... (110
".. "':'" ".. :v
""##;~l'l! OF 11>'"
"""'""
0
3/6/98
PRESTIGE CARElDEVLIN PLACE SUBDIVISION DEVELOPMENT AGREEMENT Page 7
EXHIBIT A
The land referred to in this Development Agreement is described as follows:.
BEGINNING AT THE SOUTHWESTCÔRNER OF THE EAST 1/2 OF THE SOUTHWEST QUARTER OF
SECTION 2, TOWNSHIP 3 NORTH, RANGE 1 WEST OF THE BOISE MERIDIAN, Þ-DA COUNTY, IDAHO,
WHICH POINT IS THE REAL POINT OF BEGINNING;
THENCE NORTH a DEGREE 55' WEST 2659.7 FEET' ALONG THE WESTERN BOUNDARY TO SAID EAST 1/2
OF THE SOUTHWEST QUARTER OF SAID SECTION 2 TO A POINT ON THE NORTHERN BOUNDARY OF
SAID SOUTHWEST QUARTER OF SAID SECTION 2;
THENCE NORTH 89 DEGREES 39' EAST 414.73 FEET' ALONG SAID NORTHERN BOUNDARY TO A POINT;
THENCE SOUTH a DEGREE 55' EAST 2662.2 FEET ALONG A UNE PARAU.EL TO SAID WESTERN
BOUNDARY OF SAID EAST 1/2 OF THE SOlffiiWEST QUARTER OF SAID SECTION 2 TO A POINT ON
THE SOUTHERN BOUNDARY OF SAID EAST 1/2 OF THE SOUTHWEST QUARTER OF SAID SECTION 2;
THENCE WESTERLY 414.73 FEET' ALONG SAID SOUTHERN BOUNDARY OF SAID EAST 1/2 OF THE
SOUTHWEST QUARTER OF SAID SECTION 2 TO THE REAL POINT OF BEGINNING. EXCEPT THE SOUTH
: 25 FEETTHEREOF. .
AND EXCEPTING THAT PORTION DEEDED TO THE ADA COUNTY HIGHWAY DISTRICT, BY DEED,
RECORDED FEBRUARY 14, 1994 AS INSTRUMENT NO: 94013826-
END OF LEGAL DESCRIPTION
EXJllBIT liB"
TO THE DEVELOPMENT AGREEMENT
BY AND BETWEEN THE
CITY OF MERIDIAN, IDAHO
AND
D.D.&F.
The DEVELOPER shall comply with the following conditions, including, but not limited:
1. Any existing irrigation/drainage ditches crossing the property to be included in this
project shall be tiled per City Ordinance 11-9-605.M, and plans will need to be approved by
the appropriate irrigation/drainage district, or lateral users association, with written
confirmation of said approval submitted to the Public Worb Department;
2. Any existing domestic wells and/or sep1:ic systems within this project shall be removed
fÌ'om their domestic service per City Ordinance Section 5-7-517;
3. A determination of the seasonal high groundwater elevation shall be made, and a
profile of the subsurface soil conditions as prepared by a soil scientist shall be submitted with
the developmènt plans;
4. Fire access and hydrant locations in accordance with the City of Meridian's Water
Superintendent and Meridian Fire Department policies shall be coordinated and locations shall
be depicted on development plans;
5. Handicap parking, associated signage and building construction shall meet the
requirements of the Americans with Disabilities Act;
6. Signage shall meet the requirements of the Uniform Sign Code and Meridian City
Ordinance and is subject to review and approval of the Planning & Zoning Department prior
to obtaining a sign permit;
7. Screened trash enclosures will be provided in accordance with City Ordinance, with
dumpsters at locations to not impede firefighters' access coordinated with the City's solid
waste contractor, Sanitary Services, Inc.;
8. All driveway and parking areas shall be paved, with all driveway accesses ftom public
streets approved by the Ada County Highway Diatrict and all other driveways approved by
the City;
9. A drainage plan designed by a State ofIdaho licensed architect or engineer shall be
submitted to the City Engineer (Ord. 557, 10-1.91) for all off-street parking areas, with all
site drainage contained and disposed of on-site;
3/6/98
PRESTIGE CAREIDEVLIN PLACE SUBDMSION DEVELOPMENT AGREEMENT Page 9
10. Filling of the site shall be completed, ifneeded, to meet the City's minimum design
criteria for sewer line construction;
I 1. Approval of this development is contingent upon the CITY's ability to accept the
additional sanitary sewage generated based upon the current evaluation of the treatment
capacity of the Meridian Wastewater Treatment Plant;
12. The designer of the development shall coordinate water and sewer main and line sizing
and routing with the Meridian Public Works Department;
13. If the DEVELOPER desires the CITY to own and maintain the sewer mains, sanitary
sewer easements shall be dedicated to the CITY;
14. The DEVELOPER shall install the water mains and fire hydrants and then dedicate
to the CITY for ownership and maintenance, with easements dedicated to the CITY;
15. The DEVELOPER shall provide parking lot lighting plans to the Meridian Public
Works Department and design illumination to not cause gIare or adversely impact neighboring
residential properties, as determined by the CITY;
16. The DEVELOPER shall provide landscaping, with underground sprinkling and a
minimum of one (1) three-inch (3") caliper tree per 1,500 square feet of asphalt and a
minimum 35-foot landscape setback on Cherry Lane, to meet the requirements ofOrdinaoce
Section 11-2-414.D.2 and requirements of approved conditional use permit;
17. DEVELOPER shall construct and install a pressurized irrigation system utilizing
surface irrigation water, and any proposal for a supplementary connection fÌ'om the CITY's
water system will be reviewed closely by the CITY;
18. For each phase of the development, DEVELOPER shall install six-foot-high,
permanent perimeter fencing prior to obtaining building permits unless this requirement is
specifically waived in writing by the City.
19. DEVELOPER shall incorporate special design features to eJl$ure privacy of adjacent
residential areas;
20. DEVELOPER shall provide minimum five-foot-wide sidewalk between the 12' fire
lane on the east side of the project to the meandering sidewalk shown to the south.
21. DEVELOPER shall dedicate a 4.6-acre public park site at the northern end of the
entire parcel prior to obtaining building permits;
22. DEVELOPER shall construct full street section of Chateau Drive to complete the
connection £rom Ten Mile Road;
3/6/98
PRESTIGE CARElDEVLIN PLACE SUBDIVISION DEVELOPMENT AGREEMENTPage 10
23. DEVELOPER shall construct curbs, gutters, sidewalks and streets to and within the
property;
24. DEVELOPER shall pay any development, latecomer, impact or transfer fees adopted
by the CITY;
25. DEVELOPER shall meet the requirements and cottditions of the Findings ofFact and
Conclusions of Law and meet all Ordinances of the CITY, including, but not limited to, the
Uniform Building Code, Uniform Fire Code, Uniform Plumbing Code, and Fire and Life
Safety Codes;
26. DEVELOPER shall meet all representations made by the applicant during the public
hearing process; and
27. DEVELOPER shall comply with the comments, recommendations and requirements
of all City departments, Ada County Highway District, Ada Planning Association, Central
District Health Department, Nampa-Meridian Irrigation District, and Settler's Irrigation
District.
3/6/98
PRESTIGE CARElDEVLIN PLACE SUBDIVISION DEVELOPMENT AGREEMENfPage 1 I