Granite Creek Subdivision
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DEVELOPMENT AGREEMENT
THIS AGREEMENT, made and entered into this ITI!J day of NOVR.trl bel-, 1997, by and
between the CITY OF MERIDIAN, a municipal corporation of the State ofIdaho, party of the first
part, hereinafter called the "CITY", and Kevin A. Howell and Irene Howell husband and wife. dba
Kevin Howell Construction. parties of the second part, hereinafter called the "DEVELOPER", whose
address is 1087 W. River Street. Suite 250 Boise. Idaho 83702,
WITNESSETH:
WHEREAS, DEVELOPER is the sole owner, in law and/or equity, of a certain tract ofland
in the County of Ada, State ofIdaho, described in Exhibit "A" (Property), 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 and annexation ofland; 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, when it is also rezoned, §11-2-417 D; and
WHEREAS, the DEVELOPER submitted and the CITY has approved an annexation and
zoning to R-8 of the Property and has submitted a subdivision preliminary plat for said property
which has been approved by the Meridian City Council; and
WHEREAS, the DEVEWPER has made representations at the public hearings and meetings
before the Meridian Planning and Zoning Commission and the Meridian City Council as to how the
Property 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, the Findings of Fact and Conclusions of Law approved for the annexation of the
Property required that the DEVELOPER enter into a Development Agreement; and
WHEREAS, the CITY, in the Findings of Fact and Conclusions of Law, annexed the Property
subject to de-annexation if the DEVELOPER did not enter into a Development Agreement.
GRANITE CREEK SUBDMSION DEVELOPMENT AGREEMENT
8/01197
Page 1
NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:
DEVELOPER agrees, and hereby binds his, its or their heirs, successors and assigns to this
agreement, as a condition of the annexation of the area, as follows:
I.
2,
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
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 one thousand three hundred fifty (1,350)
square feet of floor space, exclusive of garages.
3,
That the Property 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 have no duplex
units, townhouses, condominiums, or patio homes constructed on said Property.
4,
That there shall be no change to increase the number of lots or decrease the size of
lots as shown in the approved preliminary plat submitted as part of the request for
annexation, zoning and preliminary plat approval, which is incorporated herein as if
set forth in full herein,
5,
That DEVELOPER will. file with the City Engineer a complete set of Subdivision
Improvement Plans ("Improvement Plans") showing all streets, utilities, sidewalks,
curbs, gutters, pressurized irrigation facilities, pumping. stations, piping of irrigation
ditches, fire hydrants, sewer and water 1ines and appurtenances (including extensions
along the exterior boundary of Property), electrical, gas and telephone lines,
landscaping, drainage, street and other signage, barricades, and other such
improvements contemplated within the development, which Improvement Plans and
all improvements shown thereon shall meet the approval of the City Engineer. Said
Improvement Plans shall be and .are incorporated herein and made a part hereof by
reference,
6,
That DEVELOPER will, at his or their own expense, construct and install all
Subdivision Improvements, as well as any and all other improvements as reviewed and
approved by the CITY
7,
That DEvELOPER will construct and install all Subdivision Improvements in strict
accordance with a filed and approved plat and 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,
GRANITE CREEK SUBDMSION DEVELOPMENT AGREEMENT
8/01/97
Page 2
8,
9,
That DEVELOPER will provide the City Engineer with at least fifteen (15) days
advance written notification of when and what improvements he intends to complete
and the time schedule therefor; and agrees to make such modifications and/or
constrllct any temporary facilities necessitated by such phased construction work as
shall be required and approved by the City Engineer. .
That DEVEWPER will have "corrected" original drawings of the Improvement Plans
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 streets, water and sewer lines, all
utility 1ines, piped irrigation ditches,. and pressurized irrigation lines and their
individual building service lines, sidewalk, curb and gutter alignment and grades, etc,
The "corrected" 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 trlle and correct.
10,
That DEVELOPER sha1l, immediately upon the completion of any portion of said
development, notify the City Engineer and request his inspection and written
acceptance of such completed improvements or portion thereof
11,
That DEVELOPER agrees, 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, within
a reasonable time as. determined by the CITY, constrllct said needed improvements,
or, ifhe does not so constrllct within a reasonable time after written notification of
such Council action, and the CITY thereafter determines to construct, and does
construct such improvement, the DEVELOPER will pay to the CITY the actual costs
paid or incurred by the CITY for such improvements so constrllcted by the CITY,
plus interest thereon at an annua1 interest rate equal to the prime interest rate of First
Security Bank of Idaho ~ five percent (5,0%) until paid, said payment to be made
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,
duly held, 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 merit of the
proposed Finding.
12.
That DEVELOPER agrees that upon his, its or their having received written
notification fiom the City Engineer, that any of the requirements herein specified have
not been complied with, that the CITY sha1l have the right to withhold the issuance
of any Certificate of Occupancy within such annexed area and/or shall have the right
to withhold the providing of cu1inary water service to any parcel within such annexed
GRANITE CREEK SUBDIVISION DEVELOPMENT AGREEMENT
8/01/97
Page 3
13.
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 parcel 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 Subdivision Improvements, the CITY shall require from 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 DEVEWPER
Said improvements shall include, but not be limited to, sewer, water, curb, gutter and
sidewalks, irrigation and drainage piping, pressurized irrigation system, landscaping
and berrning, and fencing,
14,
That DEVELOPER agrees, in recognition of the unique and peculiar circumstances
relative to this development, to the special conditions setforth in Exhibit "B" attached
hereto and by this reference made a part hereof; and agrees to construct a perimeter
fence around the Property to contain debris prior to obtaining building permits, except
where the CITY has expressly agreed in writing that such fencing is not necessary,
15,
That DEVELOPER agrees that those portions of the water main or sanitary sewer
lines, as identified in the Improvement Plans, requiring increased line size or capacity
because of future service needs originating from properties not owned by
DEVELOPER and located within the vicinity of the subject development, will be
constructed by the DEVELOPER 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 forDEVELOPER'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 entering 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 representing excess capacity. 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
GRANITE CREEK SUBDMSION DEVELOPMENT AGREEMENT
8/01/97
Page 4
16.
17,
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 necessary improvements have not been installed, completed and
accepted by the CITY,
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 ¡pail, postage prepaid, return receipt requested, addressed
as follows:
CITY of Meridian:
City Clerk
City of Meridian
33 East Idaho
Meridian, ID 83642
DEVELOPER:
Kevin A Howell
Irene Howell
1087 W. River Street Suite 250
Boise. ID 83705
A party shall have the right to change its address by delivering to the other party a
written notification thereof 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 parties hereto, Nothing herein is intended, nor shall
it be construed, as obligating a party to agree to any modification to this Agreement.
18,
That DEVELOPER agrees to pay all recording fees necessary to record this
Agreement with the Ada County Recorder's office,
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 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, the Ordinances of the CITY of
Meridian, and the Comprehensive Plan of the City of Meridian which was approved
and adopted on January 4, 1994.
GRANITE CREEK SUBDMSION DEVELOPMENT AGREEMENT
8/01/97
Page 5
DATED the date, month and year first appearing,
DEVELOPER:
Kevin Howell Construction
~r'~ ~~Jd
K 'n A H we
BY~ A_~ 7~-d/
Irene Howell
B(lr: ~ A -1~'J~
Kevin A. Howell, Attorney m act for
Irene Howell
CITY OF MERIDIAN
GRANITE CREEK SUBDMSION DEVELOPMENT AGREEMENT
8/01/97
Page 6
STATE OF IDAHO)
ss,
County of Ada
On this lJ::!::b. day of IJO'l.j'n)?if , 1997, beforeme, the undersigned, a Notary Public in
and for said State, perSonally appeared Kevin A. Howell known, or proved to me, to be the person
who executed the said instrument, and acknowledged to me that he 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)
j;[ JJ. ~ i ~r;>l;
Notary Public for I 0
Residing at: ßn I~ , ,,1 rÚ. }Lo
My Commission Expires: ~ . JPt. q q
STATE OF IDAHO)
County of Ada )
On this.JJ:fh day of I\ O~Ui\\.W , 1997, before me, the undersigned, a Notary Public in
and for said State, personally appeared Kevin A. Howell known, or proved to me, to be the person
whose name is subscribed to the within instrument as the attorney in fact of Irene Howell I;U1d
acknowledged to me that he subscribed the name ofIrene Howell thereto as principal, and his own
name as attorney in fact.
ss,
IN WlTNES S WHEREOF, I have hereunto set my hand and affixed my official seal, the day
and year in this certificate first above written,
(SEAL)
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GRANITE CREEK SUBDMSION DEVELOPMENT AGREEMENT
8/01/97
Page 7
STATE OF IDAHO)
County of Ada )
On this s#'--dayof Þece/e.tÜr , 1997, 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.
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,
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GRANITE CREEK SUBDIVISION DEVELOPMENT AGREEMENT
8/01/97
Page 8
HUBBLE ENGINEERING, INC.
9550 Bethel Court. Boise, Idaho 83709
2081322-8992 . Fax 208/378-032£
Project No, 94023
June 28, 1994
Revised July 29, 1996
DESCRIPTION FOR
GRANITE CREEK SUBDIVISION
F GOVERNMENT LOT 2, NE1/4, SECTION 6,
T.3N., R.1E., B.M., '
MERIDIAN, ADA COUNTY, IDAHO
(
A parcel of land being a portion of Government Lot 2 ofthe NE1/4 of Section 6,
T,3N.; R.1E" B,M". Meridian, Ada County, Idaho and more particularly described as
follows;
Commencing at the brass cap marking the section corner common to Sections 31
32, TAN" R 1 E., B,M., and Section 5 and the said Section 6;
thence North 89°46'40" West 1593,00 feet along the Northerly boundary. of the said
NE1/4 of S,ection 6, which is also the centerline of East Ustick Road, to an iron pin;
thence along the following courses and distances to iron pins:
. thence South 89°46'40" East 104,99 feet to a point marking the Northwest corner
of Lot 1 of Block 1 of Finch Creek Subdivision, as filed for record in the office of the Ada
County Recorder, Boise, Idaho in Book 70 of Plats at pages 7218 and 7219;
thence along the Westerly and Northwesterly boundaries, respectively, of the said
Finch Creek Subdivision the following courses and distances:
South 0°22'17" West 484,95 feet to a point marking the Southwest corner of Lot 1
of Block 2 of the said Finch Creek Subdivision;
thence South79°46'06" West 171.62 feet;
thence South 85°34'05" West 108,34 feet;
Rock Cr. Subd,
Page 1 of 2
.-
Project No. 94023 ! June 28, t 994
thence South 6 t °24'23" West 61.67 feet a point marking an angle point in the
North bound¡¡ry of Lot t 2 of the said Block 2 of lOch Creek Subdivision;
thence leavIng the saId Northwesterly boundary of Finch Creek Subdivision North
0°25'05" East 830.97 feet;
thence South 89°46'40" East 95.27 feet;
thence North ~o t 4'35" East t 04.38 feet;
thence North 47°00'55" East 34.23 feet;
. thence North 0° t 4'35" East 45.00 feet to a poInt on the said Northerly boundary
oftheNE 1/4 of Section 6, said point bears South 89°46'40" East 951. t 4 feet along the
said Northerly boundary of the NEt /4 of Section 6 from an iron pin marking the one-quarter
common to the said Sections 3 t and 6¡
thence South 89°46'40" East t 05.38 feet along the said Northerly boundary of the
NEt/4 of Section 6¡
thence South 0°24' t 9" West 45.00 feet to the point of beginning, comprising 5.8 t
acres, more or less.
"
JCM/DTP /G LR/mf/590.des
D. Terry Peugh, P.LS.
..
Rock Cr. Subd.
Page 2 of 2
EXHIBIT "B"
TO THE DEvELOPMENT AGREEMENT
BY AND BETWEEN THE
CITY OF MERIDIAN, IDAHO
AND
Kevin A . Howell and Irene Howell
This subdivision is for 20 single-family dwelling units on 5,81 acres (Exhibit "A") with an overall
density of3A4 dwelling units per acre, The DEVELOPER shall:
2.
L
Tile all ditches, canals and waterways, including those that are property boundaries or only
partially located on the property, unless downstream water users and the irrigation district
determine they can be abandoned or a variance is granted by the CITY
Extend and construct water and sewer line extensions to serve the property and connect to
Meridian water and sewer lines, as well as extending and constructing water and sewer line
extensions through the property, Bond for extensions of sewer and water in Ustick Road
prior to signature on the final plat
3.
Construct curbs, gutters, sidewalks and streets to and within the property,
4,
Dedicate all require public rights-of-way fTom the centerline of adjoining public roads.
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, the
Ordinances of the CITY, and representations made by DEVELOPER during the approval
process,
7,
Construct and install pressurized irrigation to all lots within this subdivision prior to applying
for building permits and submit evidence of approvals trom appropriate irrigation district and
downstream water users prior to applying for building permits,
8,
Provide pedestrian walkways in accordance with Meridian City Ordinance § 11-9-605 C,
9.
Provide detailed landscaping plans for approval for all common areas prior to signature on
the fina1 plat and construct such improvements prior to obtaining any Certificate of
Occupancy; provide a letter of credit, cash, or appropriate bonding prior to signature on the
final plat; provide for maintenance of all berms and common areas by the Homeowners
Association,
10.
Construct permanent, six-foot-high, non-combustible perimeter fencing prior to applying for
buildling permits, except where the City has expressly agreed in writing that such fencing is
not necessary,
EXHIBIT "B"
GRANITE CREEK SUBDMSION DEVELOPMENT AGREEMENT
8/01/97
Page 1 of2
, "
, '
11.
12,
13.
Comply with the requirements of the Meridian Police Department, Meridian Fire Department,
Meridian City Engineer, Meridian Planning Director, Ada County Highway District (hereafter
"ACHD"), Central District Health Department and the Nampa-Meridian Irrigation District
Provide a twenty-foot (20') wide temporary emergency access easement roadway over and
across Lot 1, Block 1, and Lot 3, Block 1, for purposes of emergency ingress and egress, No
building permit shall be issued for Lot 3, Block 1, until such time as E, Sharptail Street is
extended to the west and another vehicular access is created out of the subdivision. At such
time as an acceptable alternate access is provided, this emergency access easement shall
terminate in total and the DEVEWPER shall record an easement termination agreement after
approval by the CITY,
Provide a sanitary sewer mainline stub to the property line of that parcel located east ofN,
Boulder Creek Place (parcel #SIl06120600); coordinate location with the Public Works
Department.
14.
Provide a sanitary sewer service line to the property line of that outparcel (not owned by
DEVELOPER) located at the northwest corner of the property,
EXIllBIT "B"
GRANITE CREEK SUBDMSION DEVELOPMENT AGREEMENT
8/01/97
Page 2 of2