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Chamberlain Estates Sub No. 1 THIS AGREEMENT, made and entered into ;f./tJ lit tlI- 6.u," 1 9 9 5 , <JM.~~. 9508~5~. 71LVu-'¿ ~ ADA Gel. R'ëCORDER j. DAV! :'.WM~RO Dw=-e AGR.~ .9~~~:'Pfi ~~ this FEE !3~:: da~ RECORDED.-!; ¡':i:QUESTOF by and between the CITY OF MERIDIAN, a " municipal corporation of the State of Idaho, party of the first part, hereinafter called the "CITY", and Kevin A. Howell and Irene Howell, husband and wife, dba Kevin Howell construction, party of the second part, hereinafter called the "DEVELOPER", whose address is 3451 Plantation River Drive, Boise, Idaho 83703. 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 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 requested zoning of R-8 and has submitted a subdivision preliminary plat for said DEVELOPMENT AGREEMENT - 1 d/realest/chambrln.dev Chamberlain Estates Subdivision #1 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 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 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. DEVELOPMENT AGREEMENT - 2 d/realest/chambr In.dev " 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 1301 square feet of floor space, exclusive of garages. 3 . That the property zoned R-8, described in "Exhibit A", shall have lot sizes of at least sixty Five Hundred (6500) 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 increase the number of lots or 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. DEVELOPMENT AGREEMENT - 3 dl rea l estl chambr In. dev 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. DEVELOPER shall also install DEVELOPMENT AGREEMENT - 4 d/realest/chambr In.dev " . telephone, electrical power, gas lines, and television as required for the development. 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 DEVELOPMENT AGREEMENT - 5 d/reatest/chambrtn.dev 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. 10. That DEVELOPER will, immediately upon the completion of any such constructed portion, portions, or the entirety DEVELOPMENT AGREEMENT - 6 d/rea lest/chambr In.dev " 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 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 DEVELOPMENT AGREEMENT - 7 d/real est/ ch ambr In. dev 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 12. 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. 13. DEVELOPER agrees that, in the event any of the improvements required herein are not timely installed, DEVELOPMENT AGREEMENT - 8 d/realeat/chambrln.dev " 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 DEVELOPMENT AGREEMENT - 10 d/realest/chambr tn.dey DEVELOPER agrees to provide such, if required by the CITY. 15. 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 DEVELOPMENT AGREEMENT - 11 d/reelest/chambrln.dev " " , , 18. 19. 20. 21. 22. 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. 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: Kevin A. Howell Irene Howell 3451 Plantation River Boise, Idaho 83703 Drive 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 his assigns, heirs, the owner or 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. DEVELOPMENT AGREEMENT - 13 d/ rea I es t/ ch ambr In. dev DEVELOPER: Kevin Howell Construction By ~..4 ~~L/ ~A' Ho 11 B ?íft'w~nC'/L / DEVELOPMENT AGREEMENT - 14 d/realest/chambr In.dev STATE OF IDAHO) :ss. County .of Ada) On this ~ day of ìI.'D~ , 1997,. before me, the undersigned, . a Notary Public in and for said state, personally appeared Kevin A. Howell and Irene HowelL husband and wife, known, or proved to me, to be the persons who executed this instrument and acknowledged to me that they executed the IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above wr i t ~'iWã",...",~' ,41' ç.io'í PB..\>& ~~ ~ :q¡: ..-"'..P~, /J¡ ..."(p" f ,,-OTI\Jt}-~) \ \: Lþ;;~;:.{C V* Ë ,. <Pr' 0 ~, <f l'¡¡ .... t.4$ ~.. OP \'9 . STATE"'fflI'nr8ÀHO ) :ss. County of Ada) On this IY'" day of ¡f/DII elo> 6",.. , 19J. before me, the undersigned, a Notary Public in and for said state, personally appeared GRANT P. KINGSFORD 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. DEVELOPMENT AGREEMENT - 15 d/realest/chambr l n.dev , , Project No. 93053 January 21, 1994 Revised May 9, 1994 REVISED DESCRIPTION FOR CHAMBERLAIN ESTATES SUBDIVISION PORTIONS OF A RESUBDIVISION OF LOTS 9 THROUGH 16, BLOCK 8, CHATEAU MEADOWS EAST NO.9, GOVERNMENT LOT 4 AND THE S1/2 NW1/4, SECTION 5, T.3N., R.1 E., B.M., MERIDIAN, ADA COUNTY, IDAHO A parcel of land being portions of a resubdivision of lots 9 through 16 of Block 8 of Chateau Meadows East No.9, a Subdivision, as filed for record in the office of the Ada County Recorder, Boise, Idaho in Book 61 of Plats at pages 6068 and 6069 and in particularly shown in Quitclaim Deed No. 9346079, Government Lot 4 and the S 1/2 of the NW1/4 of Section 5, T.3N., R.1 E, B.M., Meridian, Ada County, Idaho and more particularly described as follows: Commencing at the brass cap marking the one-quarter corner common to Section 6 and the said Section 5; thence North 0°24'35" East 2603.50 feet along the Westerly boundary of the said NW1/4 of Section 5, which is also the centerline of North Locust Grove Road, to a 5/8" iron pin marking the section corner common to the said Sections 6 and 5 and Sections 31 and 32, TAN., R.1 E, B.M.; thence South 0°24'35" West 954.60 feet along the said Westerly boundary of the NW1/4 of Section 5 to an iron pin; thence South 89°39'35" East 45.00 feet to a 2-inch iron pipe, also said point being the REAL POINT OF BEGINNING (INITIAL POINT); thence along the following courses and distances to iron pins: continuing South 89°35'39" East 1282.25 feet; thence South 0'26'06" West 328.63 feet; thence South 89°44'12" East 331.34 feet; BxVù.btt A- -, ... , , Project No. 93053 January 21, 1994 thence South 0028'15" West 655.80 feet to a point on the Northerly boundary of Chateau Meadows East No.8, a Subdivision, as flied for record In the office of the Ada County Recorder, Boise, Idaho In Book 60 of Plats at pages 6023 and 6024; thence North 89°35'33" West 485.93 feet along the said Northerly boundary of Chateau Meadows East No.8 to a point marking the Northwest corner of the said Chateau Meadows East No.8 and the Northeast corner of the said Chateau Meadows East No.9; thence along the Southerly boundary of the said Quitclaim Deed Instrument No. 9346079 the following courses and distances: South 89°15'42" West 95.40 feet; thence South 89°47'28" West 101.42 feet; thence North 89°50'16" West 70.00 feet; thence South 89°47'38" West 70.00 feet; thence North 89°55'10" West 70.00 feet; thence South 89°50'06" West 70.00 feet; thence North 89047'08" West 106.20 feet; thence leaving the said Southerly boundary of Quitclaim Deed Instrument No. 9346079 North 4030'28" West 398.65 feet; thence North 89°42'09" West 554.65 feet to a point on the said Westerly boundary of the NW1/4 of Section 5; thence North 0°24'35" East 50.00 feet along the said Westerly boundary of the NW1/4 of Section 5; thence South 89°42'35" East 548.22 feet; thence North 3°53'33" West 211.83 feet; Chamberlain Est. Subd.-Rev. Page 2 of 3 : . ,;" t" '. Project No. 93053 January 21,1994 thence North 89°37'50" West 532,33 feet to a point on the said Westerly boundary of the NW1/4 of Section 5; thence North 0°24'35" East 330.94 feet along the said Westerly boundary of the NW1/4 of Section 5; thence South 89°35'39" E~st 45.00 feet to the point of beginning, comprising 27.24 acres, more or less. Prepared by: HUBBLE ENGINEERING, INC. D. Terry Peugh, P.LS. JCM/DTP/GLR/bh/761.des Chamberlain Est. Subd.-Rev. Page 3 of 3 ,. ¡.. ., ., EXHIBIT "B" TO THE DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF MERIDIAN, IDAHO AND KEVIN A. HOWELL This subdivision development is for single-family dwelling units and is to be developed in two phases. Phase I will have 53 lots (composed of four non-build lots and 49 building lots) and Phase II will have 50 lots (all of which are building lots). The total acreage is 27.24 total acres and the density is 3.78 total lots per acre for all lots and 3.63 building lots per acre. Developer agrees for each phase to: 1. Extend and construct water and sewer line extensions and connect to the existing Meridian water and sewer lines to serve each phase of this development as each phase is constructed and serve each building lot. 2. Construct streets, curbs, gutters and sidewalks to and within each phase of the development as each phase is constructed which meet city and ACHD requirements. 3. Dedicate all required public rights of way from the center line of adjoining public roads. 4. Pay any usual and customary development fees or transfer fees adopted by the city of Meridian. 5. Meet the requirements and conditions of the Findings of Fact and conclusions of Law adopted by the city of Meridian regarding this development. 6. comply with all Meridian city ordinances. 7. Construct berms and landscaping in all common area lots of the development which are designated as follows: Lot 1 Lot 1 Block 1 Block 2 (planting strip traffic divider) (sidewalk adjacent to ACHD right-of-way and landscape all other portions of this lot; construct perimeter fence between this lot and adjacent building lot) EXHIBIT B-1 d/realest/howell.exb ., ,t, Lot 1 Block 3 (sidewalk adjacent to ACHD right-of-way and landscape all other portions of this lot; construct perimeter fence between this lot and adjacent building lot) (retention pond/drainage basin area; landscape) Lot 13 Block 3 These lots shall be transferred to the Homeowners Association and the covenants, Conditions and Restrictions (CC&R'S) for this subdivision shall provide that the Association shall maintain these common area lots. 8. Pressurized irrigation shall be provided to all lots in each phase of this development as each phase is developed. 9. Perimeter Fencinq: Construct fencing around the exterior Subdivision perimeter of the entire Phase I development. Between Phase I and Phase II Developer shall construct temporary construction fencing while Phase I is under construction but Phase II is not. upon construction of Phase II of the development Developer agrees to construct the remainder of the fencing around the perimeter of Phase II. In the alternative to the temporary construction fencing between Phase I and Phase II Developer may elect to construct permanent fencing around all of Phase I and Phase II. EXHIBIT B-2 d/realest/howell.exb