Englewood Creek Subdivision
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TIllS AGREEMENT, made and entered into this ~- day orw.~, 1996,
by and between the CITY OF MERIDIAN, a municipal corporation oUne State.oUdàhö, party ,
of the first part, hereinafter called the .CITY", and Englewood Creek D¡;t~Rfpmbn¡èoq{~ þ~¡¡;t1,T Of
of the second part, hereinafter called the "DEVELOPER", whose address is ß589 Brookview,
Boise. Idaho 83709.
DEVELOPMENT AGREEMENT
WITNESSETH:
WHEREAS, DEVELOPER is the sole owner, in law and/or equity, cf a certain tract of
land in the County of Ada, State of Idaho, described in Exhibit" A", which is attached hereto and
by dtis 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 reroning of land; and
WHEREAS, the CITY has passed two development agreement ordinances, one when land
isreroned, 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 rerone, of that certain property described in Exhibit "A", and requested
zoning of R-4 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 representaticns at the public hearing before the
Meridian Planning and Zoning Commission as to œw 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
ENGLEWOOD CREEK SUBDIVISION DEVELOPMENT AGREEMENT
8/20/96
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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 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 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 consid¡;m¡tion for the annexation, rezone, or the non-de-annexation of the area,
as follows:
I.
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 UOOsquare feet of floor space,
exclusive of garages.
3.
That the property zoned ~, described in "Exhibit A", shall have lot sizes of at
least eight thousand (JUJOO) 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.
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,
roning and preliminary plat approval, which is incorporated herein as if set forth
in full herein.
5.
That DEVELOPER will, before annexation, or de-annexation, tile 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
ENGLEWOOD CREEK SUBDIVISION DEVELOPMENT AGREEMENT
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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
improvements including, but not limited to, all sanitary sewers, storm drains,
pumping stations, water mains and appurtenances, flTe hydrants, curbs and gutters,
pressurized irrigation system, electrical transmission lines, natural gas lines,
telephone lines, television 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 tifteen (15) days
advance written notification of when and of what portion, or portions, of said
improvements he intends to complete and the timescheduIe 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
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
ENGLEWOOD CREEK SUBDIVISION DEVELOPMENT AGREEMENT
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10.
11.
correct and that he (the Registered Professional Engineer) has inspected the
construction of the various improvements (water lines, sanitary sewer lines,
pressurized irrigation lines, gas lines, electricity lines, storm drain lines, curb and
gutter, street paving, etc.) and that the materials for and the installation of the same
were all done in conformance with the applicable City Standard Engineering
Drawings and Standard Engineering. Specifications governing the construction of
these facilities.
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, dilly 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 fmding
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 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
ENGLEWOOD CREEK SUBDIVISION DEVELOPMENT AGREEMENT
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13.
14.
shall then decide whether said Certificate of Occupancy shall be issued or water
service to said property allowed, and its decision shall be tIDal, 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 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 subject 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 the 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
written 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 fmancing the construction
of improvements upon the land which is the subject of this Agreement; provided,
however, that the financing entity shall flTst 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
ENGLEWOOD CREEK SUBDIVISION DEVELOPMENT AGREEMENT
8/20/96
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15.
16.
17.
installation of the improvements, and the DEVELOPER agrees to provide such,
if required by the CITY.
That DEVELOPER agrees that those portions of the water main or the sanitary
sewe,r line, for which the CITY has expressly agreed to enter into a late comers
agreement, if any, for including any water or sewer line extensions, increased line
size or capacity, are required because of future service needs originating from
properties not owned by DEVELOPER and located within, the vicinity of the
subject development; that sound planning requires construction thereof at the
present time in order to accommodate future expansion and development. In
recognition of the cost savings which can be accomplished by construction of such
excess capacity and/or improvements concurrently with the facilities to be
constructed for DEVELOPER's purposes, and the impracticality or impossibility
of constructing such excess capacity and/or improvements separately or at a later
time, DEVELOPER agrees to design and construct such facilities subject to the
CITY's agreement to enter into a late comers agreement to reimburse
DEVELOPER for a portion of the costs of such excess capacity. DEVELOPER
agrees to obtain three independent bona fide bids for the performance of such work
from qualified and responsible contractors and shall deliver copies of such bids to
the CITY prior to the commencement of such work. Such bids shall be solicited
and itemized in a manner which allows clear and specific identification of that
portion of the construction work for which the CITY may possibly agree to enter
into a late comers agreement. The CITY's obligation to enter into a late comers
agreement to help DEVELOPER to pay for such costs shall be lin¡ited to the lowest
of such bids irrespective of whether the lowest bidder is in fact selected by
DEVELOPER to perform the work.
That DEVELOPER agrees that no Certificates of Occu¡>ancy 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 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.
ENGLEWOOD CREEK SUBDIVISION DEVELOPMENT AGREEMENT
8/20/96
Page 6
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,
18.
19.
20.
21.
22.
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:
Englewood Creek Development COIl'.
8589 W Brookview
Boise. ID 83709
Ra.y Patel, 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 appurteQant 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.
ENGLEWOOD CREEK SUBDIVISION DEVELOPMENT AGREEMENT
8/20/96
Page 7
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DATED the date, month and year f.irst appearing.
DEVELOPER:
Englewood Creek Develo.pment CO( )
By' £fføt
Rewabfi¡ K. Patel, President
By }<cw;úvv.- I< ,fæøí
Karshan Patel, Secretary
CITY OF MERIDIAN
ili£YI:J - ~
D. Corrie, Mayor
ENGLEWOOD CREEK SUBDIVISION DEVELOPMENT AGREEMENT
8120/96
Page 8
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STATE OF IDAHO)
ss.
County of Ada
On this ;S I day of ~ry-tS,¿, 1996, before me, the undersigned, a Notary Public
in and for said State, personally appeared Rewabhi K Patel and Karshan Patel, known, or proved
to me, to be the President and Secretary of said corporation that executed this instrument and the
persons 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 certificate flTst above written.
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STATE OF IDAHO)
ss.
County of Ada
On this..dJ..!!"day of . A 1A1li1/.'> t , 1996, before me, the undersigned, a Notary Public
in and for said State, personall~OBERT 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.
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ENGLEWOOD CREEK SUBDIVISION DEVELOPMENT AGREEMENT
8/20/96
Page 9
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EXHIBIT "A"
TO THE DEVELOPMENT AGREEMENT
BY AND BETWEEN THE
CITY OF MERIDIAN, IDAHO
AND
ENGLEWOOD CREEK DEVELOPMmIT CORl'ORATION
Legal Description
Englewood Creek Estates
30.50 Acre Tract
A tract ofland situated in Government Lot 1 of Section 3, Township 3 North,
Range I West, Boise Meridian, Ada County, Idaho, described as follows:
Commencing at a found brass cap monumenting the Northeast Comer of said
S~~lion 3, thence along the Northerly line of said Section 3, said line also being the centerline of
Ustick Road North 89°-06'-49" West a distance of285.88 feet to a set steel pin, said pin being the
POlNT OF BEGINNING.
Thence leaving said northerly line South 00°-24'-24" West a distance of 153.00 feet to a
set steel pin,
Thence South 89°-06'-49" East a distance of30.12 feet to a set steel pin,
Thence South 00°-24'-24" West a distance of 127.97 feet to a set steel pin,
Thence South 47°-56'-24" West a distance of 444.20 feet to a set steel pin,
Thence South 33°-02'-13" East a distance of 808.00 feet to a point,
Thence South 54°-47'-58" East a distance of 100.00 feet to a point,
Thence South 89°_36'-36" East a distance of 56.00 feet to a point on the easterly line of
said Section 3, said line also being the centerline ofTen Mile Road,
Thence along said easterly line South 00°-24'-24" West a distance of59.17 feet to a point
on the southerly line of said Lot 1,
Thence leaving said easterly line and along said southerly line North 89°-02'-00" West
a distance of 1320.93 feet to the Southwest Comer of said Lot 1,
Thence leaving said southerly line and along the westerly line of said Lot 1
North 00°-26'-04" East a distance of 1367.32 feet to a point on said northerly line
of Section 3,
Thence along said northerly line South 89°-06'-49" East a distance of 1034.38 feet
to the POINT OF BEGINNING.
Excepting existing road rights-of-way.
The above described tract ofJand contains 30.50 acres, more or less, subject to all existing
easements.
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ROYLANCE AND ASSOCIATES, P.A.
4619 Emerald, Suite D-2
Boise, ID 83706
(208) 336-7390
(208) 336-7391 Fax
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Prepared By:
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EXHIBIT "E"
TO THE DEVELOPMENT AGREEMENT
BY AND BETWEEN THE
CITY OF MERIDIAN, IDAHO
AND
Englewood Creek Development Corporation
This subdivision is for 40 single-family dwelling units with an overall density of 1J)5 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; Nine Mile Creek is specifically excluded from the tiling
requirement.
2.
Extend and construct water and sewer line extensions to serve the property and connect to
Meridian water and sewer lines.
3.
Construct streets to and within the property.
4.
Dedicate the necessary land from the centerlines of Ustick Road and Ten Mile Road (45')
for public right-of-way.
5.
Pay any development fee or transfer fee adopted by the CITY.
6.
Meet the requirements and conditions of the Findings of Fact and Conclusions of Law and
meet the Ordinances of the CITY.
7.
Provide twenty-foot (20') wide, mounded landscaping strips along Ustick Road; provide
for maintenance of said berms and landscaping by the Homeowners Association.
8.
Provide pressurized irrigation to all lots within this subdivision along with evidence to the
City of approvals from appropriate irrigation district/canal company and/or Bureau of
Reclamation.
9.
Provide permanent non-combustible fencing outside of the existing easements along the
Nine Mile Drain prior to applying for building permits; permit no encroachment in this
area.
EXHIBIT "B"
ENGLEWOOD CREEK SUBDIVISION DEVELOPMENT AGREEMENT
8/20/96
Pagelof2
/f
10.
II.
12.
13,
Provide six-foot-high, permanent perimeter fenCing along north, west and east boundaries
of Englewood Creek Subdivision and provide temporary construction fencing along the
southern boundary prior to applying for building permits, .
Provide a fourteen-foot (14') wide gravel access road over the sewer line located within
the Nine Mile Drain easement in accordance with the requirements of the City Engineer.
Dedicate a well lot to the City of Meridian and landscape in conformance with subdivision
requirements; homeowners association to maintain landscaping.
Petition the City at such time as future phases of Englewood Creek are developed for
amendment to this development agreement.
EXHIBIT "B"
ENGLEWOOD CREEK SUBDIVISION DEVELOPMENT AGREEMENT
8/20/96
Page20f2