Bedford Place Subdivision
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THIS AGREEMENT, made and entered into this /6~ day of ~p3~:Loa ,iJ~9p} ') 5
by and between the CITY OF MERIDIAN, a municipal corporation of the Sta of Idaho, party of
the first part, hereinafter called the "CITY", and BRIGHTON CORPtJRA+lON- -an Idaho-- -"
Coq¡oration , party of the second part, hereinafter called the "DEVELOPEw-c,lWh~eaddress is;";;
12301 W. Explorer. Suite 200 Boise. Idaho 83713.
DEVELOPMENT AGREEMENT
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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 attached 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 reroning of land; and
WHEREAS, the CITY has passed two development agreement ordinances, one when land
is reroned, 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 roning, or
an application for rerone, of that certain property described in Exhibit "A", and requested roning of
R-8 and has submitted a subdivision preliminary plat for said property which has been
recommended for approval by the Meridian Planning and Zoning Commission; and
WHEREAS, the 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
reroning 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 reroned, and has submitted to the CITY a Plat thereof
which has been approved for annexation by the CITY and as part of the annexation orrerone the
CITY adopted and approved Findings of Fact and Conclusions of Law; and,
BEDFORD PLACE SUBDIVISION DEVELOPMENT AGREEMENT
Page 1
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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 reroned 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, rerone, or the non-de-annexation of the area, as
follows:
1. That the above recitals are contractual and binding and are incorporated herein as if
set forth in full.
2. That DEVELOPER, in accordance with its representations before the CITY, shall,
on the land described in Exhibit "A", only construct single-family houses and that all such single-
family houses shall have at least 1.400 square feet of floor space, exclusive of garages.
3. That the property zoned --R:L, described in "Exhibit A", shall have lot sizes of at
least Six Thousand Five Hundred ~) square feet, which is the size represented at the
City hearings, and shall meet all of the requirements of the ~ 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 as shown in the
preliminary plat submitted with the request for annexation, roning and preliminary plat approval,
which is incorporated herein as if set forth in full herein, except as may be approved by amended
preliminary plat.
5. That DEVELOPER will, before annexation, or de-annexation, flIe or cause to be
flied 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. Plan shall
show proposed location of pressurized irrigation. 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, 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.
BEDFORD PLACE SUBDIVISION DEVELOPMENT AGREEMENT
Page 2
shall also install 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 flied 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 therefore; 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 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 of said development, notify the City Engineer and request his
inspection and written acceptance of such completed improvements.
II. 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
BEDFORD PLACE SUBDIVISION DEVELOPMENT AGREEMENT
Page 3
unless the DEVELOPER has been notified in writing of the time and place of such meeting at least
three (3) days prior thereto and has been given an opportunity to be present in person or by
counsel, and to be heard on the merits of the proposed finding.
12. That DEVELOPER agrees that upon his, its, or their having received written
notification from the City Engineer, that any of the requirements herein specified have not been
complied with, that the CITY shall have the right to withhold the issuance of any Certificates of
Occupancy within such annexed area and/or shall have the right to withhold the providing of
culinary water service to any part, parcel, or portion of such annexed area until such time as all
requirements specified herein have been complied with; provided, however, the DEVELOPER
shall have the right to appear before the City Council at any regular meeting after any Certificate of
Occupancy or any water service shall have been withheld for reasons set forth in this paragraph,
and shall have the right to be heard as to why such Certificate of Occupancy should be issued or
water service allowed. The Council shall then decide whether said Certificate of Occupancy shall
be issued or water service to said property allowed, and its decision shall be final, except that the
rights of the parties are preserved at law and equity.
13. DEVELOPER agrees that, in the event any of the improvements required herein are
not timely installed, the CITY may, at its sole option, install the improvements and declare the
entire cost of said improvements to be immediately due and payable and may seek to collect such
sums in the manner provided by law, or may pursue any other remedy set forth herein or as may be
available in law or equity. In the event of such declaration, all sums due shall bear interest at the
prime interest rate of First Security Bank of Idaho, plus five percent (5 %) per annum, until paid.
14. That DEVELOPER agrees to, and does hereby, grant a security interest in the land
which is the subject of this Agreement, to secure the installation of all improvements including, but
not limited to, sewer, water, irrigation and drainage piping, 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.
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 flfst 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 fmancing and lending industry to ensure that the loan proceeds or advances will
not be used for any other purpose.
BEDFORD PLACE SUBDIVISION DEVELOPMENT AGREEMENT
Page 4
The CITY may also require surety bonds, irrevocable letters of credit, cash
deposits, certified checks or negotiable bonds, as allowed under 11-9-606 C of the Revised and
Compiled Ordinances of the CITY of Meridian, to insure the installation of the improvements, and
the.DEVELOPER agrees to provide such, if required by the CITY.
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
contractors and shall deliver copies of such bids to the CITY prior to the commencement of such
work. Such bids shall be solicited and itemized in a manner which allows clear and specific
identification of that portion of the construction work for which the CITY may possibly agree to
enter into a late comers agreement. The CITY's obligation to enter into a late comers agreement to
help DEVELOPER to pay for such costs shall be limited to the lowest of such bids irrespective of
whether the lowest bidder is in fact selected by DEVELOPER to perform the work.
16. 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 the improvements
have not been installed, completed, and accepted by the CITY.
17. That DEVELOPER agrees, in recognition of the unique and peculiar circumstances
relative to this development, to the special conditions set forth in Exhibit "B" attached hereto and
by this reference made a part hereof; and agrees to construct a temporary perimeter fence around
the entire parcel prior to any construction except where roadways and streets for access are located
and except where the CITY has agreed that such fencing is not necessary.
18. That DEVELOPER agrees that any notice required by this Agreement shall be
given at the following address:
CITY of Meridian:
City Engineer
City of Meridian
33 East Idaho
Meridian, ID 83642
DEVELOPER:
Brie:hton Corooration
12301 W. ExDlorer
Suite 200
Boise Idaho 83713
BEDFORD PLACE SUBDIVISION DEVELOPMENT AGREEMENT
Page 5
19. That DEVELOPER agrees to pay all recording fees necessary to record this
Agreement with the Ada County Recorder's office.
20. 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.
21. This Agreement shall become valid and binding only upon its approval by the City
Council and execution of the Mayor and City Clerk.
22. 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.
23. That DEVELOPER agrees that it is going to prepare and request approval of an
amended plat the requirements of which shall be at the discretion of the Zoning Administrator; that
the amended plat shall encompass the land currently covered in the non-development agreement;
that at the time of submission, and during the process, of the amended plat, Developer shall submit
a request for approval of a tot-lot and basketball court or volleyball court; that detailed specifics of
those recreational facilities shall be submitted at the time of submission of the amended plat even
though those recreational facilities will be located in the second phase of Bedford Place
Subdivisions and this Development Agreement applies to the fIrst Phase of Bedford Subdivision;
that said amended plat will be limited to a maximum of eight additional single family lots adjacent
to the Finch Lateral; that said lots will each be a minimum of 8,000 square feet; that upon approval
of said amended plat and in conjunction with construction of the "non-development" portion of
Bedford Place Subdivision and prior to or in conjunction with development of phase two of Bedford
Place Subdivision, the Finch Lateral will be tiled; and that a license agreement with Nampa-
Meridian Irrigation District will be in place prior to the expiration of the "non-development"
agreement for the flfst phase of Bedford Place Subdivision.
BEDFORD PLACE SUBDIVISION DEVELOPMENT AGREEMENT
Page 6
DATED the date, month and year flfst appearing.
DEVELOPER:
BRIGHTON CORPORATION
By
By
CITY OF MERIDIAN
BJ~~~ r5l
William G. Berg, Jr., City Cle
BEDFORD PLACE SUBDIVISION DEVELOPMENT AGREEMENT
Page 7
STATE OF IDAHO)
ss.
County of Ada)
On this &+5 day of ~ ' 1995, before me, the undersigned, a Notary
Public in and for said State, perso lyappeared David W. Turnbull and Michael H. Tanner
known, or proved to me, to be the President and Secretary of said corporation that executed this
instrument and the persons who executed the said instrument on behalf of said corporation, and
acknowledged to me that such corporation executed the same.
IN WITNESS~~~~ij.) have hereunto set my hand and affixed my official seal, the
day and year in thi~~~ ~r/l';k.,Ye. written.
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(SEAL) :e OF \1>..~ My Commission Expires: /. b-Yl.~ /
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STATE OF IDAHO)
ss.
County of Ada)
On this - day of , 1995, 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 affIXed my official seal, the
day and year in this certificate flfst above written.
(SEAL)
Notary Public for Idaho
Residing at:
My Commission Expires:
BEDFORD PLACE SUBDIVISION DEVELOPMENT AGREEMENT
Page 8
HUBBLE ENGINEERING, INC.
9550 Bethel Court. Boise, Idaho 83709
2081322-8992 . Fax 2081378-0329
Project No. 94035
EXHIBIT "A"
April 1, 1994
BEDFORD PLACE SUBDIVISION
Government Lot 3 in Section 6, T.3N., R.1 E., B.M., Ada County, Idaho, more
particularly described as follows: Commencing at the Northwest corner of said
Section 6; thence South; 89"34'26" East, 2406.55 feet to the quarter corner common to
the said Section 6 and Section 31, TAN., R.1E.; thence South 00"20'24" West, 45.00 feet
along the East boundary of said Government Lot 3 to the REAL POINT OF BEGINNING
(INITIAL POINT).
Thence continuing South 00020'24" West, 1255.14 feet to the C-N1/16 corner;
thence South 8!r44'06" West, 1314.54 feet to the NW1/16 corner;
thence North 00.19'24" East, 1315.99 feet to the W1/16 corner on the North
boundary of said Section 6;
thence South 89"34'26" East, 1314.85 feet to the North quarter corner of said
Section 6;
thence South 00.20'24" West; 45.00 feet to the Point of Beginning. Containing
39048 acres, more or less. Subject to right-of-way along the North boundary for Ustick
Road.
Prepared by:
HUBBLE ENGINEERING, INC.
DTP/bh/879.des
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EXHffiIT "B"
TO THE DEVELOPMENT AGREEMENT
BY AND BETWEEN THE
CITY OF MERIDIAN, IDAHO
AND
BRIGHTON CORPORATION
This subdivision is for ---1L single-family dwelling units with an overall density of ~
dwelling units per acre. The DEVELOPER shall:
1. Tile all ditches, canals and waterways, including those that are property boundaries or only
partially located on the property, excluding Finch Lateral, except as may be modified by a
subsequent amended preliminary plat approval.
2. Extend and construct water and sewer line extensions to serve the property and connect to
Meridian water and sewer lines.
3.
Construct curbs, gutters, sidewalks streets to and within the property.
4. Dedicate the necessary land from the centerline of Ustick Road for public right-of-way,
including necessary bike lanes.
5.
Pay any development fee or transfer fee adopted by the CITY.
6. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law and
meet the Ordinances of the CITY.
7. Construct and install pressurized irrigation to all lots within this subdivision, with evidence
of approvals from appropriate irrigation district/canal company and downstream water users
submitted to the CITY.
8. Provide temporary construction perimeter fencing except where such requirement has been
waived in writing by the CITY.
9. Construct a pedestrianlbike path and park-like corridor along the Finch Lateral Green Belt,
except as may be modified by a subsequent amended preliminary plat approval.
10.
Provide a 20' -wide common area landscape buffer along Ustick Road.
BEDFORD PLACE SUBD. - EXHIBIT B