Loading...
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 opport lIlity 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 ~.fi~ B~~61, ~ ~ fb 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. ..--"-----~<~:~; . /', - - -, :--, ,- .......- _c , " , »:~~--~:'~-_:\~~~/ '(SEÁL):" Notary Public ~ Residing at: My Commission Expires:) ~~ ¡;;..~ /2-- Y ---~(r -.c . 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. "","""""" ,,'\CE l. d"', ß~'--'-' <';::. ... "\V,,,~ ~ . \\Oíl\,? þ ';': ~ (SEA~\',-~,Q r .è:.. ~ ~Y;"" ÙfJ\..v-'j"':: "' 'b~, é' l --_..~.'.~..,. "".ß',":>.' --",'~;I~ of" f.;'/:'~"" "II;""""",,'" N Public for Idaho esiding at: Merìdian My Commission Expires: 08/02/99 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 .< , , 9~O8S26LI ..",~,.. ,;;0 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 Pagelof2