Cougar Creek Subdivision
J
DEVELOPMENT AGREEMENT
~7'
4, THIS AGREEMENT, made and entered into this J /- day of
l?i!t.I'Á_c.7, 1994, by and between the CITY OF MERIDIAN, a municipal corporation
of the te of Idaho, party of the flfst part, hereinafter called the "CITY", and Vijya Laxmi
DevelQpment Inc., party of the second part, hereinafter called the "DEVELOPER", whose
address is 2526 Ai1:port Way Boise Idaho 83705.
WITNESSETH:
WHEREAS, DEVELOPER is the sole owner, in law and/or equity, of a certaio 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 property which has been
recommended for approval by the Meridian Planning and Zoniog 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
COUGAR CREEK SUBDIVISION DEVELOPMENT AGREEMENT
Page 1
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:
2.
3.
1.
That the above recitals are contractual and bindiog and are incorporated herein as
if set forth in full.
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 U5.Q square feet of floor space,
exclusive of garages.
That the property zoned R:8., described in "Exhibit A", shall have lot sizes of at
least six thousand five hundred (6..500) square feet,. which is the size represented
at the City heariogs, and shall meet all of the requirements of the R:8. wne 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,
wning 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
incorporated hereio and made a part hereof by reference.
6.
That DEVELOPER will, at his or their own expense, construct and install all
sanitary sewers, storm draios, water mains and appurtenances, fife 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 telephone,
electrical power, gas lines, and television as required for the development.
COUGAR CREEK SUBDIVISION DEVELOPMENT AGREEMENT
Page 2
7.
8.
9.
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 Drawiogs and Standard Engioeering
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 lioes, all utility lines,
and pressurized irrigation lines and their individual building service lioes, 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 govemiog the construction of
these facilities.
10.
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
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
COUGAR CREEK SUBDIVISION DEVELOPMENT AGREEMENT
Page 3
12.
DEVELOPER will pay to the CITY the cost of such construction, in such mauner
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
opportlIlity to be present in person or by counsel, and to be heard on the merits
of the proposed fmding.
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 Occu.pancy within such aunexed 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, the CITY may, at its sole option, iostall 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 ofIdaho, 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
installed which relates to the percentage of improvements that have been installed
as compared to the total amount of improvements.
COUGAR CREEK SUBDIVISION DEVELOPMENT AGREEMENT
Page 4
15.
16.
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 fjnancing 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 iosure the
installation of the improvements, and the DEVELOPER agrees to provide such,
if required by the CITY.
That DEVELOPER agrees that no Certificates of Occ\IPancy 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 in writing that such fencing is not necessary.
17.
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:
Vijya Laxmi Development Inc
2526 Ai1:port Way
Boise ID 83705
Mr. Ray Patel
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.
COUGAR CREEK SUBDIVISION DEVELOPMENT AGREEMENT
Page 5
20.
This Agreement shall become valid and bitJding 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, and the Ordinances of the
CITY of Meridian.
DATED the date, month and year first appearing.
DEVELOPER:
Vijya Laxmi Development Inc.
By 11-~ j?Ct;l-¿L--
President
BY~(~
Secretary
CITY OF MERIDIAN
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William G. Berg, Jr., City erk
COUGAR CREEK SUBDIVISION DEVELOPMENT AGREEMENT
Page 6
STATE OF IDAHO)
ss.
County of Ada
On this ~ day of 4t.L.O.fA. >r: 1994, before me, the undersigned, a Notary Public
in and for said State, person~ No L, PffT£.L-. and R. K Patel, known, or
proved to me, to be the President and Secretary, respectively, 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
,da}'- aM year in this certificate first above written.
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STATE OF IDAHO)
County of Ada )
ss.
On this ~ day of September, 1994, 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.
IN WITNESS WHEREOF, I have hereunto set my hand and aff]œd my official seal, the
day and year in this certificate first above written.
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COUGAR CREEK SUBDIVISION DEVELOPMENT AGREEMENT
Page 7
October 27, 1993
COUCAR CREEK SUBDIVISION
EXHIBIT "An
A parcel of land lying in a portion of Government Lot 1 and a portion
of the SE1/4 of the NE1/4 of Section 6, T.3N., R.1E., B.M., Ada county, Idaho,
more particularly described as follows:
Beginning at the section corner Common to Sections 5 and 6 of T.3N.,
R.1E., B.M., and Sections 31 and 32 of T.4N., R.1E., B.M., said point being
marked by a brass cap monument at the centerline intersection of North
Locust Grove Road and East Ustick Road;
thence south 0°24'35" west along the section line common to said
Sections 5 and 6 for a distance of 789.52 feet (formerly described as south
0°12' East, 789.15 feetJ to the Northeast corner of that parcel as described
in that warranty Deed Instrument Number 554565 of Ada county Records,
said point also being on the Southerly Bank of a canal;
thence south 85°38'09" West (formerly described as South 85°00' westJ
along the Northerly line of said warranty Deed parcel and the Southerly
bank of said canal for a distance of 45.16 feet to the REAL POINT OF
BEGINNING (INITIAL POINT);
thence along the Northerly line of said warranty Deed parcel and the
Southerly bank of said canal for the following six courses:
South 85°38'09" west (formerly described as South 85°00' westJ for a
distance of 20.10 feet to a 5/8" iron pin;
thence South 71 °08'09" west for a distance of 123.00 feet (formerly
described as South 70°30' west, 122.93 feet) to a 5/8" iron pin;
thence South 50°49'25" West for a distance of 54.50 feet (formerly
described as South 49°24' west, 53.72 feet) to a 5/8" iron pin;
thence North 57°21'51" west for a distance of 24.85 feet (formerly
described as North 59°13' West) to a 5/8" iron pin;
thence south 39°38'56" west for a distance of 97.35 feet (formerly
described as South 39°35' westJ to a 5/8" iron pin;
thence South 87°22'12" west for a distance of 620.10 feet (formerly
described as South 86°36' west, 620.87 feetJ to a 5/8" iron pin;
Cougar Creek Subdivision
page 1 of 2
thence North 65°44'18" west for a distance of 217.05 feet (formerly
described as North 65°50' west, 217.25 feet) to a 5/8" iron pin;
thence South 79°25'59" west along a portion of said Warranty Deed
parcel for a distance of 204.41 feet (formerly described as South 75°50' West)
to a point on the west line of Government lot 1 of said Section 6;
thence south 0°22'18" West along said west line of Government lot 1
for a distance of 374.21 feet to the Southwest corner of said Government
lot 1, said point being marked by a 5/8" iron pin:
thence North 89°38'15" East along the South line of said Government
lot 1 for a distance of 5.71 feet to a 5/8" iron pin as shown on that Record
of Survey Number 2583 of Ada county records, Boise, Idaho;
thence south 0°22'17" West for a distance of 29.12 feet to the
Southwest corner of that parcel as described in said Warranty Deed
Instrument Number 554565 and as same is shown on said Record of Survey
Number 2583, said point marked by a 5/8" iron pin;
thence North 89°38'15" East (Formerly described as North 89°27' East)
along the South line of said warranty deed parcel and the North line of that
parcel as shown on said Record-of-Survey No. 2583, for a distance of
1,318.29 feet to a point on the section line common to said Sections 5 and
6 and on the centerline of said North locust Grove Road;
thence North 0°24'35" East along said section line and centerline for
a distance of 29.12 feet to the Southeast corner of said Government lot 1,
said point begin marked by a 5/8" iron pin;
thence continuing North 0°24'35" East along said section line and
centerline for a distance of 483.31 feet to the Northeast corner of said
Warranty Deed parcel;
thence South 85°38'09" west for a distance of 45.16 feet to the point
of Beginning. containing 12.16 acres, more or less.
cougar Creek Subdivision
page 2 of 2
, .
EXHIBIT "B"
TO THE DEVELOPMENT AGREEMENT
BY AND BETWEEN THE
CITY OF MERIDIAN, IDAHO
AND
VIJY A LAXMI DEVELOPMENT INC.
This subdivision is for 34 single-family dwelling units with an overall density of 2....8 dwelling
units per acre. The DEVELOPER shall:
2.
1.
Tile the ditch along Locust Grove Road.
Extend and construct water and sewer line extensions to serve the property and connect
to Meridian water and sewer lines and solve existing groundwater problems prior to
development.
3.
Allow a minimum of 15' along the top of bank along the South Slough to allow for a
future bike/pedestrian path. Non-combustible fencing shall be installed along the South
Slough.
4.
Construct streets to and within the property to City of Meridian and Ada County
Highway District standards.
5.
Dedicate the necessary land from the centerline of Locust Grove Road to provide for
public right-of-way. This width shall be adequate to accommodate future projected
roadway widths which include a bicycle lane.
6.
Pay any development fee or transfer fee adopted by the CITY.
7.
Meet the requirements and conditions of the Findings of Fact and Conclusions of Law
and meet the Ordinances of the CITY.
8.
Provide a twenty-foot (20') landscaped berm along Locust Grove Road to be maintained
by the Homeowners Association. This landscaped berm shall be beyond the easement
needed for public right-of-way and be served by an underground sprinkler system to
ensure healthy, vigorous plantings.
9.
Provide pressurized irrigation to all lots within this subdivision and submit evidence of
approvals from appropriate irrigation district/canal company and downstream water users
to the City.
10.
Provide perimeter fencing prior to applying for home building permits on any portion of
the property unless specifically waived in writing by the City.
EXHIBIT "B"
COUGAR CREEK SUBDIVISION DEVELOPMENT AGREEMENT
Page 1 of 1
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EXHIBIT "B"
TO THE DEVELOPMENT AGREEMENT BOiS E i:ì
BY AND BETWEEN THE J;::::" /YJ-re~-IL
CITY OF MERIDIAN, IDAHO I ar-/?'?e1'6 V /' If! Ib
AND '9Y Sf I' f1:i J ~Y
VIJYA LAXMI DEVELOPMENT. INC FEE&,?C;.JI3&~
RECûHL":' ".::,UcST
This subdivision is for 34 single-family dwelling units with an overall density of 2.8 dwelling
urtits per acre. The DEVELOPER shall:
1.
Tile the ditch along Locust Grove Road.
2.
Extend and construct water and sewer line extensions to serve the property and connect
to Meridian water and sewer lines and solve existing groundwater problems prior to
development.
3.
Allow a minimum of 15' along the top of bank along the South Slough to allow for a
future bike/pedestrian path. Non-combustible fenciog shall be installed along the South
Slough.
4.
Construct streets to and within the property to City of Meridian and Ada County
Highway District standards.
5.
Dedicate the necessary land from the centerline of Locust Grove Road to provide for
public right-of-way. This width shall be adequate to accommodate future projected
roadway widths which include a bicycle lane.
6.
Pay any development fee or transfer fee adopted by the CITY.
7.
Meet the requirements and conditions of the Findings of Fact and Conclusions of Law
and meet the Ordinances of the CITY.
8.
Provide a twenty-foot (20') landscaped berm along Locust Grove Road to be maintained
by the Homeowners Association. This landscaped berm shall be beyond the easement
needed for public right-of-way and be served by an underground sprinkler system to
ensure healthy, vigorous plantings.
9.
Provide pressurized irrigation to all lots within this subdivision and submit evidence of
approvals from appropriate irrigation district/canal company and downstream water users
to the City.
10.
Provide perimeter fencing prior to applyiog for home building permits on any portion of
the property unless specifically waived in writing by the City.
EXHIBIT "B"
COUGAR CREEK SUBDIVISION DEVELOPMENT AGREEMENT
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