Summerfield Subdivision No. 1 & 2
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DEVELOPMENT AGREEMENT c- .':> ,-
THIS AGREEMENT_""'" ... """'" .... "'" t1 ../!f 11!Sf; d ~~.¡%
1995, by and between the CITY OF MERIDIAN, a municipal corporation'~ the Siãte of,l,daho , .'
party of the first part, hereinafter called the "CITY", and G L. VOIGTCONSTRUCTION: lne" C~, ,:
party of the second part, hereinafter called the "DEVELOPER", whose!lîildreSs'isP: 0 'Bö5{'" I vr
2044 Idaho Falls ID 83403.
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, 67-651lA.
Development Agreements, which provides that cities may enter into development agreements
with developers upon rezoning of land; and
WHEREAS, the CITY ha.~ 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 ~pplication for annexation and zoning
of that certain property described in Exhibit" A", and requested zoning of R -4 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 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,
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SUMMERFIELD SUBDIVISIONS NOS. 1 and 2 DEVELOPMENT AGREEMENT Page 1
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. '
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.
2.
That the above recitals are contractual and binding 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 1,500 square feet of t1oor ~'Pace
for single-level homes and at least 1,800 square feet of t1oor space for double-
level homes, exclusive of garages.
3.
That the property zoned R-4, described in "Exhibit A", shall have lot sizes of at
least eight thousand (ß.J)OO) square feet, which is the size represented at the City
hearings, and shall meet all of the requirements of the R-4 zone and have n~
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,
zoning 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 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,
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SUMMERFIELD SUBDIVISIONS NOS. I and 2 DEVELOPMENT AGREEMENT Page 2
7.
9.
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.
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 effèct 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.
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 Subdivisi~ 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.
11.
That DEVELOPER agrees, that upon a fmding by the City Council, duly entered
in the official minutes of the proceedings of the City Council, that a portion, or
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SUMMERFIELD SUBDIVISIONS NOS. 1 and 2 DEVELOPMENT AGREEMENT Page 3
12.
13.
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 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 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.
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, 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
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SUMMERFIELD SUBDIVISIONS NOS. 1 and 2 DEVELOPMENT AGREEMENT Page 4
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 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 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/orirnprovements 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
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SUMMERFIELD SUBDIVISIONS NOS. 1 and 2 DEVELOPMENT AGREEMENT Page 5
16.
17.
18.
the lowest of such bids irrespective of whether the lowest bidder is in fact selected
by DEVELOPER to perform the work.
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 Occunancy
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 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:
G.L. VOIGT CONSTRUCTION
P O. Box 2044
Idaho Falls ID 83403
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 su~iect 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.
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SUMMERFIELD SUBDIVISIONS NOS. 1 and 2 DEVELOPMENT AGREEMENT Page 6
DATED the date, month and year first appearing.
DEVELOPER:
G L. VOIGT CONSTRUCTION Inc.
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Title: President
By: ~á ~
Name: Patricia A. Davi~
Title: Secretary
CITY OF MERIDIAN
BY~~ f? ~iJ2-
rant P. Kingsford, Ma. or
By /lit Lt L- ..b f!rI:t ~
Wifliam G. Berg, Jr., City CI
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SUMMERFIELD SUBDIVISIONS NOS. I and 2 DEVELOPMENT AGREEMENT Page 7
STATE OF IDAHO)
ss.
County of .!BIB Bonne)rille
On this 3rd day of January, 1995, before me, the undersigned, a Notarv Public
in and for said State, personally appeared G L Voi!!t and Patricia A. Davis ,"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.
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'INWITNESSWHEREOF, I have hereunto set my hand and affIXed my official seal, the
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day."l.II1u~'¡¡'i.'1IÙ1..~is certificate first above written.
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c :, ~(¡ >.' - j" Æ Notary Public for tlaho
", 'ft;.,., at Co '/::, j Residing at: Idaho Falls. ID I
(~.;, ./ My Commission Expires: 1 (JJ, - 91'
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STATE OF IDAHO)
ss.
County of Ada
On this --11- day of J It"~r~ ,1995, before me, the undersigned, a Notary Public
in and for said State, personally appeare 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 first above written.
(SEAL)
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12/22/94
SUMMERFIELD SUBDIVISIONS NOS. I and 2 DEVELOPMENT AGREEMENT Page 8
HUBBLE ENGINEERING. INC.
9550 Bethel Court. Boise, Idaho 83709
208/322-8992 . Fax 208/378-0329
Project No. 93050
August 19, 1993
DESCRIPTION FOR
SUMMERFIELD SUBDIVISION NO.1
A PORTION OF SW1/4, SECTION 32,
TAN., R.1E., B.M.,
BOISE, ADA COUNTY, IDAHO
A parcel of land lying in the SW1/4 of Section 32, T.4N., R.1 E, B.M., Boise, Ada
County, Idaho, and more particularly described as follows:
Commencing at the brass cap marking the one-quarter corner common to
Section 31 and the said Section 32;
thence South 0"00'08" East 2,659.00 feet along the Westerly boundary of the said
SW1/4 of Section 32, which is also the centerline of North Locust Grove Road, to a brass
cap marking the section corner common to the said Sections 31 and 32 and Sections 6
and 5, T.3N., R.1 E, B.M.;
,
thence North 89"43'17" East 1,325.40 feet along the Southerly boundary of the
said SW1/4 of Section 32, which is also the centerline of West Ustick Road, to a point;
thence North 0"16'43" West 45.00 feet to a 2-inch pipe, also said point being the
REAL POINT OF BEGINNING (INITIAL POINT);
thence along the following courses and distances to iron pins:
continuing North 0"16'43" West 284.50 feet;
thence North 53"23'50" West 80.00 feet;
thence North 5"37'20" West 177.56 feet;
thence South 84"22'40" West 49.00 feet;
thence North 5"37'20" West 105.00 feet;
thence South 84"22'40" West 162.43 feet;
thence South 78"36'56" West 224.68 feet;
Summerfield Subd. No.1
Page 1 of 2
EXHIBIT A
Project No. 93050
August 19, 1993
thence North 68°30'00" West 76.00 feet;
thence North 5°10'00" East 60.00 feet;
thence North 38°41'00" West 43.00 feet;
thence North 47"22'35" West 135.59 feet to a point of beginning of curve;
thence Northeasterly along a curve to the left 100.80 feet, said curve having a
central angle of 35°00'07', a radius of 165.00 feet and a long chord of 99.24 feet bearing
North 19°57'58" East to a point of tangent;
thence North 2°27'55" East 9.96 feet;
thence North 87"32'05" West 50.00 feet;
thence South 89°59'52" West 568.64 feet to a point on the Easterly right-of-way
line of the said North Locust Grove Road;
thence South 0°00'08" East 893.01 feet along the said Easterly right-of-wpy line of ,
North Locust Grove Road to a point on the Northerly right-of-way line of the said West
Ustick Road;
thence North 89°43'17" East 1 ,300.28 feet along the said Northerly right-of-way line
of West Ustick Road to a point;
thence North 0°16'43" West 20.00 feet to the point of beginning, comprising
21.69 acres, more or less.
Prepared by:
HUBBLE ENGINEERING, INC.
E
JCM/DTP/GLR/dkg/641.des
D. Terry Peugh, loS.
Summerfield Subd. No.1
Page 2 of 2
EXHIBIT A
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HUBBLE ENGINEERING, INC.
9550 Bethel Court. Boise, Idaho 83709
2081322:a902 . Fax 208137&0329
Project No. 93193
January 10, 1994
DESCRIPTION FOR
SUMMERFIELD SUBDIVISION NO.2
A PORTION OF THE W1/2 SW1/4, SECTION 32,
T.4N., R.1E., B.M.,
MERIDIAN, ADA COUNTY, IDAHO
A parcel of land lying in a portion of the W1/2 of the SW1/4 of Section 32, TAN"
R.1E., B.M., Meridian, Ada County, Idaho and more particularly described as follows:
Commencing at the brass cap marking the section corner common to Sections
6 and 5, T.3N., R.1 E, B.M., and Section 31 and the said Section 32;
thence North ooOO'OB" West 2659.00 feet along the Westerly boundary of the said
SW1/4 of Section 32, which is also the centerline of North locust Grove Road, to a brass
cap marking the one-quarter corner common to the said Sections 31 and 32;
thence South ooOO'OS" East 997.19 feet along the said Westerly boundary of the
SW1/4 of Section 32 to a point;
thence North 89°49'45" East 653.13 feet to a 2.inch galvanized pipe, also said
point being the REAL POINT OF BEGINNING (INITIAL POINT);
thence along the foUowing courses and distances to iron pins:
South 27"31 '06" EaSt 198.02 feet;
thence South 23°14'00" East 50.00 feet;
thence South 66°46'00" West 35.44 feet;
thence South 5°54'04" East 121.71 feet;
thence North 64°59'10" East 182.73 feet;
Summerfield No.2
Page 1 of 3
EXHIBIT A
.'
. .
Project No. 93193
January 10, 1994
thence South 74°12'26" East 140.71 feef;
thence South 9°27'49" East 159.65 feet;
thence South 26°45'50" West 115.58 feet;
thence South 24°40'48" West 50.00 feet to a point of beginning of curve;
thence Northwesterly along a curve to the left 49.23 feet, said curve having a
central angle of 12"32'08", a radius of 225.00 feet and a long chord of 49.13 feet bearing
North 71"35'16" West to a point of ending of curve;
thence South 0°02'11" East 125.53 feet;
thence North 88°48'23" West 191.61 feet;
thence South 2°27'55" West 46.11 feet;
thence South 16°02'33" West 175.57 feet to an angle point on the Northeasterly
boundary of Lot 11 of Block 8 of Summerfield Subdivision No.1, as filed for record in the
office of the Ada County Recorder, Boise, Idaho in Book - of Plats at pages -
and_;
thence along the said Northeasterly and Northerly boundary of the said
Summerfield Subdivision No.1 the following courses and distances:
North 47°22'35" West 135.59 feef to a point of beginning of curve;
thence Northeasterly along a curve to the left 100.80 feet, said curve having a
central angle of 35°00'07", a radius of 165.00 feet and a long chord of 99.24 feet bearing
North 19°57'58" East to a point of tangent;
thence North 2°27'55" East 9.96 feet;
thence North 87"32'05" West 50.00 feet;
thence South 89°59'52" West 568.64 feet;
Summerfield No.2
Page 2 of 3
EXHIBIT A .
,
"
Project No. 93193
January 10, 1994
thence leaving the said Northerly boundary of Summerfield Subdivision No.1
North ooOO'OB" West 743.75 feet along the Easterly right-of-way line of the said North
Locust Grove Road, which is also along a line 25.00 feet Easterly of and parallel with the
said Westerly boundary of the SW1/4 of Section 32;
thence North 89°49'45" East 626.13 feet to the point of beginning, comprising
15.64 acres, more or less.
Prepared by:
HUBBLE ENGINEERING, INC.
D. Terry Peugh, P.LS.
JCM/DTP/GLR/bh/81C.des
Summerfield No.2
Page 3 of 3
EXHIBIT A
. .
6.
7.
9.
EXHIBIT "B"
TO THE DEVELOPMENT AGREEMENT
BY AND BETWEEN THE
CITY OF MERIDIAN, IDAHO
AND
G. L. VOIGT CONSTRUCTION, INC.
Summerfield Subdivisions Nos. 1 and 2 are comprised of 103 single-family dwelling units with
an overall density of less than 3.0 dwelling units per acre; overall density of this development
shall not exceed 3.0 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; submit approvals and/or executed license
agreements ftom appropriate agency.
2.
Extend and construct water and sewer line extensions to serve the property and connect
to Meridian water and sewer lines, and extend and construct sewer and water lines
through to outermost boundaries of the property.
3.
Construct streets to and within the property in accordance with Ada County Highway
District and City of Meridian standards.
4.
Dedicate the necessary land ftom the centerline of Ustick and Locust Grove Roads for
public right-of-way, including any necessary bike lanes.
5.
Pay any development, impact or transfer fee adopted by the CITY.
Meet the requirements of 11-9-605 C. (Pedestrian Walkways), G. (Planting Strips and
Reserve Strips), H.2. (Preservation of Natural Features), K. (Lineal Open Space
Corridors), and L. (Pedestrian Bike Pathways).
Meet the requirements and conditions of the Findings of Fact and Conclusions of Law
and meet the Ordinances of the CITY.
8.
Provide a well lot dedicated to the CITY. This has been platted as Lot 12, Block 8, in
Summerfield Subdivision No. 1.
Provide a common area suitable for a soccer field with dimensions of 230'x140'. This
area will be developed in the f1fst phase, although platted in later phases.
10.
Construct a minimum twenty-foot (20') landscaped berm along Locust Grove and Ustick
Roads and on entrances to be maintained by the Summerfield Homeowners Association.
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EXHIBIT "B"
SUMMERFIELD SUBDIVISIONS NOS. 1 AND 2
DEVELOPMENT AGREEMENT
Page10f2
11.
Provide pressurized irrigation to all lots within this subdivision.
12.
Provide perimeter fencing prior to construction.
13.
Petition the City Council for amendment to this development agreement at such time as
future phases of Summerfield Subdivision owned by DEVELOPER are proposed to
incorporate specific requirements.
EXHIBIT "B"
SUMMERFIELD SUBDIVISIONS NOS. 1 AND 2
DEVELOPMENT AGREEMENT
12/22/94
Page20f2