Firelight Estates Subdivision
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ACo' co. nECCRDER
J. DAVID ': W;d':fìO
DEVELOPMENT AGREEMENTSOiSE I')
THIS AGREEMENT, made and entered into this ~ J?V
-, 1995, by and between the CITY OF MERIDIAN, a municipal corpora n of the State
of Idaho, party of the fITst part, hereinafter called the "CITY" F'ithtl:-Proteffil"Idaho-.I~-,-party
of the second part, hereinafter called the "DEVELOPER", ~8stiddressis "i~
Road Boise Idaho 83706. t..3ó. trtJ
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, 67-651lA,
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 rezoned, 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 req¥Glll8td
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 I)EVELOPERmade some representations at the public hearing bae
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
rezone the CITY adopted apd approved Findings of Fact and Conclusions of Law; and,
WHEREAS, the Findin~ of Fact and Conclusions of Law required that the
DEVELOPER enter into a Devefepment Agreement; and
FIRELIGHT ESTATES SUBDIVISION DEVELOPMENT AGREEMENT
Page I
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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 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.
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 1,jOO square feet of floor space,
exclusive of garages.
3.
That the property zoned R-4, described in "Exhibit A", shall have lot sizes of at
least eight thousand (8 000) 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,
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
inçorporated 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,
fITe 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. DEVELOPER shall
FIRELIGHT ESTATES SUBDIVISION DEVELOPMENT AGREEMENT
Page 2
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also install telephone, electrical power, gas lines, and television as required for
the development.
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 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.
11.
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
FIRELIGHT ESTATES SUBDIVISION DEVELOPMENT AGREEMENT
Page 3
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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.
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 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.
14.
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
FIRELIGHT ESTATES SUBDIVISION DEVELOPMENT AGREEMENT
Page 4
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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 financing the construction
of improvements upon the land which is the subject of this Agreement; provided,
however, that the financing entity shall first 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
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
sewer 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 limited 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 Occupancy will be issued until
all improvements are completed, unless the CITY and the DEVELOPER have
FIRELIGHT ESTATES SUBDIVISION DEVELOPMENT AGREEMENT
Page 5
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entered into an addendum agreement stating when the improvements will be
completed in a phased development; in any event, no Certificates of Occu.vancy
shall be issued in any phase in which the improvements have not been installed,
completed, and accepted by the CITY.
17.
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.
18.
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:
PROTERRA-IDAHO Inc.
2401 S Apple Road
Boise ID 83706
Steve Petersen Secretary
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.
FIRELIGHT ESTATES SUBDIVISION DEVELOPMENT AGREEMENT
Page 6
DATED the date, month and year fITst appearing.
DEVELOPER:
PROTERRA-IDAHO Inc.
BY~~
Charles W. Akerlow, President
By 9t~ ¡;)~Þ-
Steve Petersen, Secretary
CITY OF MERIDIAN
~¡. f?~
Grant P. Kingsford, Mayo
B,J/~~ ~
William G. Berg, Jr., City I
FIRELIGHT ESTATES SUBDIVISION DEVELOPMENT AGREEMENT
Page 7
STATE OF UTAH)
ss.
County of Salt Lake)
On this30J!oJ day of (1~ , 1995, before me, the undersigned, a Notary Public
in and for said State, person~ 'ill . II . ~18' and 't~~~('~, 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
dav an~~.iD~~¡;;¡¡t&.s.rst above written.
1""-"-- NO\IJI'YP~ ï
I ANNELISE STRINGHAM I
1450 MiliIaIY Way I
I Sa. Lake City,. Urah 11!1103 I
I My CommiSSIOn EJCpire&
I July 2:' 1998 I
L_-----_.!':!"_~~-_.J
(SEAL)
Notary Public for Idaho
Residing at:
My Commission Expires:
STATE OF IDAHO)
ss.
County of Ada
On this 30th day of JWle , 1995, before me, the undersigned, a Notary Public
in and for said State, personally appeared ~ ~.-..(iI\"ß~.O and WlLLf~,
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.
08/02/99
FIRELIGHT ESTATES SUBDIVISION DEVELOPMENT AGREEMENT
Page 8
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'.°.6108/95
08: 30
'6'208 384 9936
PIONEER TITLE
I4J 002
EXIIIßIí ¡/
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COMMITMENT For
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ITLE INSURANCE
SCHEDULE C
File Number: TIM P138288
The land referred to in this Commitment is described as follows;
A PARCEL OF LAND LYING IN GOVERNMENT LOT' (THE NORTHEAST QUARTER OF THE NORTHEAST
QUARTER) OF SECTION 3, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE-MERIDIAN, IN ADA COUNTY,
IDAHO. MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT SOUTH a DEGREE 7' EAST 255.75 FEET FROM THE CORNER STONE OFTHE
NORTHEAST CORNER OF THE NORTHEAST QUARTER SECTION 3, TOWNSHIP 3 NORTH, RANGE 1
WEST. BOISE-MERIDIAN: THENCE CONTINUING
SOUTH 0 DEGREE 7' EAST 1054.25 FEET; THENCE
SOUTH 89 DEGREES 52' WEST 56 FEET; THENCE
NORTH 55 DEGREES 8' WEST 100 FEET; THENCE
NORTH 33 DEGREES 32' WEST 808 FEET; THENCE
NORTH 47 DEGREES 2.'5' EAST 444.20 FEET; THENCE
NORTH 0 DEGREES 7' EAST 25.22 FEET: THENCE
SOUTH 89 DEGREES 53' EAST 255.75 fEET TO THE REAL POINT OF BEGINNING.
EXCEPT AN IRREGULAR TRACT OF LAND LYING IN LOT 1, SECTION 3, TOWNSHIP 3 NORTH, RANGE 1
WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO, DESCRIBED AS fOLLOWS:
BEGINNING AT A POINT SOUTH 0 DEGREE 7' EAST 255.75 FEET FROM THE CORNER STONE OF THE
NORTHEAST CORNER Of THE NORTHEAST QUARTER Of SECTION 3, TOWNSHIP 3 NORTH, RANGE 1
WEST, BOISE MERIDIAN, THENCE CONTINUING:
SOUTH Q DEGREE 7' EAST 1,054.25 fEET, THENCE;
SOUTH as DEGREES 52' WEST 56 FEET, THENCE;
NORTH 56 DEGREES 8' WEST 100 FEET, THENCE 33 DEGREES 32' WEST 808 FEET, THENCE;
NORTH 47 DEGREES 25' EAST 444.20 FEET, THENCE;
NORTH a DEGREE 7' EAST 25.22 FEET, THENCE;
SOUTH 89 DEGREES 53' EAST 255.75 FEET TO THE POINT AND PLACE OF BEGINNING.
AND FURTHER EXCEPTING THAT PORTION OF THE NAMPA AND MERIDIAN, IRRIGATION DISTRICT
DRAINAGE RIGHT-Of-WAY, AND RIGHT-Of-WAY FOR N. TEN MILE ROAD.
END OF LEGAL DESCRIPTION
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EXHIBIT "B"
TO THE DEVELOPMENT AGREEMENT
BY AND BETWEEN THE
CITY OF MERIDIAN, IDAHO
AND
PROTERRA-IDAHO Inc
This subdivision is for 24 single-family dwelling units with an overall density of 2.95 dwelling
units per acre. The DEVELOPER shall:
I.
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 centerline of North Ten Mile Road (45') for public
right-of-way.
5.
Pay any development, impact 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 North Ten Mile 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.
Provide 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.
Provide perimeter fencing along north and east boundaries of Firelight Estates Subdivision
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.
EXHIBIT "B"
FIRELIGHT ESTATES SUBDMSION DEVELOPMENT AGREEMENT
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