Summerfield Subdivision No. 3
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DEVELOPMENT AGREEMENT
THIS AGREEMENT, made and entered into this 3/(Þ day of J :; ~ s: ; :~ j.fid ~
1995, hy and between the CITY OF MERIDIAN, a municipal corporatio~t.þ~State~rldah9'
party of the first part, hereinafter caned the "CITY", and MAX BOESlGì!it Ut¡¡è.,"ÞartY"(;f Ìhe ~
second part, hereinafter called the "DEVELOPER", whose address is 24fH~,.Yista. Boise ID.----..
83705. REÇQf\~..'" :::-:c
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 hy this reference incorporated herein as if set forth in fun; 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
of that certain property described in Exhibit "A", and requested zoning ofR-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,
SUMMERFIELD SUBDIVISION NO, 3 DEVELOPMENT AGREEMENT
12/22/94
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 fonows:
2.
1.
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 floor space
for single-level homes and at least 1,800 square feet of floor space for double-
level homes, exclusive of garages.
3.
That the property zoned &1., described in "Exhibit A., shall have lot sizes of at
least eight thousand (8 000) square feet, wl¡ich is the size represented at the City
hearings, and shall meet an of the requirements of the R-4 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 on the
approved final plat, which is incorporated herein as if set forth in fun 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 shan meet the approval of the City Engineer. The
Subdivision Improvement Plan, or Plans supplemental thereto, shan also show the
proposed location of pressurized irrigation facilities within or that may affect or
be affected by the development. Said Subdivision Improvement Plans are
incorporated herein and made a part hereof by reference.
6.
That DEVELOPER will, at his or their own expense, construct and install all
sanitary sewers, storm drains. pumping stations, water mains and appurtenances.
fire hydrants, curbs, gutters and sidewalks. pressurized irrigation system,
electrical transmission lines, natural gas lines, telephone lines, cross drains, street,
SUMMERFIELD SUBDIVISION NO, 3 DEVELOPMENT AGREEMENT
12/22/94
Page 2
7.
8.
9.
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 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 actnal constructed location (both
horizontany and vertically) of the various water and sewer lines, all utility lines,
and pressurized irrigation lines and their individual building service lines, the
curb, gutter and sidewalk 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, gutter and sidewalk, 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 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
SUMMERFIELD SUBDIVISION NO,'3 DEVELOPMENT AGREEMENT
12/22/94
Page 3
12.
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 còt1Struct 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 merit~
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 shan 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 is.sued or water service allowed. The
Council shall then decide whether said Certificate of Occupancy shall be issued
or water service to said property anowed, and its decision shall be fmal, 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. instan the
improvements and declare the entire cost of said improvements to be immediately
due and payable and may seek to conect 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 shan 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 instanation, 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 ofIdaho:
provided further that upon request of the DEVELOPER, the CITY will execute
SUMMERFIELD SUBDIVISION NO.3 DEVELOPMENT AGREEMENT
12/22/94
Page 4
15.
and deliver a partial release of the lien created herein against an 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 instaned
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 fmancing 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 wi1l be used solely for the
construction of improvements upon the land and that it wi1l 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.
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,
That DEVELOPER agrees that those portions of the water main or the sanitary
sewer line, for which the CITY has expres~ly 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
sul>iect 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.
SUMMERFIELD SUBDIVISION NO.3 DEVELOPMENT AGREEMENT
12/22/94
Page 5
16.
17.
18.
19.
20.
21.
22.
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 he
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 that such fencing is not necessary.
That DEVELOPER agrees that any notice required by this Agreement shall he
given at the following address:
CITY of Meridian:
City Engineer
City of Meridian
33 East Idaho
Meridian, ID 83642
DEVELOPER:
MAX BOESIGER Inc.
2447 S Vista
Boise ID 83705
That DEVELOPER agrees to pay all rec9rding fees, necessary to record this
Agreement with the Ada County Recorder's office.
All covenants and conditions set forth herein shall be appurtenant to and run with
the land and shall be binding upon DEVELOPER's heirs, successors or assigns.
This Agreement shan become valid and binding only upon its approval by the City
Council and execution of the Mayor and City Clerk.
That DEVELOPER agrees to abide by all ordinances of the CITY of Meridian
and the property shall be subject to de-annexation if 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.
SUMMERFIELD SUBDIVISION NO.3 DEVELOPMENT AGREEMENT
12/22/94
Page 6
. .
DATED the date, month and year first appearing.
DEVELOPER:
MAX BOESIGER Inc.
,
B'~ oßw"~ætJ-.
Name: Bo si!):er
Title: President
By: ~ ~,
~i:~: ~ì::~:1 / ~:C<'9fJC'-F
CITY OF MERIDIAN
~~~
Grant P. Kingsford, a or
BJ~/;2 ~ ÇL
WiJliam G. Berg, Jr., Ci. Cl/ffk
SUMMERFIELD SUBDIVISION NO.3 DEVELOPMENT AGREEMENT
12/22/94
Page 7
STATE OF IDAHO)
ss.
County of Ada
On this 3'" day of Jtft1Ua ~ ' 1995, before me, the und~rsigned, a Notarv Public
in and for said State, personallyapp d-Max Boesi¡¡er and '1i/ehtlrL '11oes~e F,
known. or proved to me, to be the President and Secretary of said corporation that execu d 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
day and year in this certificate first above written.
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STATE OF IDAHO)
ss.
County of Ada
On thisj O! day of - ,j a..."_\~---' 1995, before me, the undersigned, a Notary Public
in and for said State. personally appeareil GRANT P. KINGSFORD and WILLIAM G. BERG.
JR., known to me to he 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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SUMMERFIELD SUBDIVISION NO.3 DEVELOPMENT AGREEMENT
12/22/94
Page 8
HUBBLE ENGINEERING, INC.
9550 Bethel Court. Boise, Idaho 83709
2081322-8992 . Fax 2081378-0329
Project No. 94008
February 22, 1994
DESCRIPTION OF
SUMMERFIELD SUBDIVISION NO.3 FOR
MAX A. BOESIGER, INC.
A PORTION OF THE S1/2 SW1/4, SECTION 32,
TAN" R.1 E., B.Mo,
MERIDIAN, ADA COUNTY, IDAHO
A parcel of land lying in a portion of the S1/2 of the SW1/4 of Section 32, TAN.,
R.1 E., B.M., Meridian, Ada County, Idaho and more particularly described as follows:
Commencing at the brass cap marking the one-quarter corner common to Section
5, T.3N., R.1E., B.M., and the said Section 32;
thence South 89°43'17" West 2655.34 feet along the Southerly boundary of the
said SW1/4 of Section 32, which is also the centerline of East Ustick Road, to a brass
cap marking the section corner common to Section 6 and 31 and the said Sections 5
and 32;
thence North 89°43'17" East 1325040 feet along the said Southerly boundary of the
SW1/4 of Section 32 to a point;
thence North 0°16'43" West 45.00 feet to a 2-inch galvanized pipe with an iron pin
and cap marking the REAL POINT OF BEGINNING (INITIAL POINT), also said point
being the real point of beginning 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 Easterly boundary of the said Summerfield Subdivision No.1 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;
Summerfield Subd. No.3
Page 1 of 3
EXHIBIT A
Project No. 94008
February 22, 1994
thence leaving the said Easterly boundary of Summerfield Subdivision No.1 the
following courses and distances to iron pins:
North 84°22'40" East 22.52 feet to a point of curve;
thence Northeasterly along a curve to the right 16.89 feet, said curve having a
central angle of 6°54'39", a radius of 140.00 feet and a long chord of 16.88 feet bearing
North 8]050'00" East to a point of ending of curve;
thence North 1°17'20" East 102.18 feet;
thence South 81°00'55" East 58.72 feet;
thence North 17°38'45" East 148.78 feet;
thence South 72°21'15" East 9.24 feet;
thence North 15°53'43" East 85.00 feet;
thence North 19°54'59" West 66.92 feet;
thence North 23°29'52" West 104.39 feet;
thence North 63°14'10" West 55.34 feet;
thence North 26°45'50" West 126.32 feet;
thence South 87°14'32" West 26.66 feet to a point of curve;
thence Southwesterly along a curve to the right 8.21 feet, said curve having a
central angle of 3°08'13", a radius of 150.00 feet and a long chord of 8.21 feet bearing
South 88°48'39" West to a point of ending of curve;
thence North 0°22'45" East 50.00 feet;
thence North 0°01'12" West 112.09 feet to a point marking the SW1/16 corner of
the said Section 32, which is also the Northwest corner of the W1f2 of the SE1/4 of the
said SW1/4 of Section 32;
Summerfield Subd. No.3
Page 2 of 3
EXHIBIT A
Project No. 94008
February 22, 1994
thence North 89°48'53" East 663.49 feet along the Northerly boundary of the said
W1/2 of the SE1/4 of the SW1/4 of Section 32 to a point marking the Northeast corner
of the said W1/2 of the SE1/4 of the SW1/4 of Section 32;
thence South 0°01'36" East 1031.39 feet along the Easterly boundary of the said
W1/2 of the SE1/4 of the SW1/4 of Section 32;
thence South 89°43'17" West 90.00 feet along a line 295.00 feet Northerly of and
parallel with the said Southerly boundary of the SW1/4 of Section 32;
thence South 0°01 '36" East 270,00 feet along a line 90.00 feet Westerly of and
parallel with the said Easterly boundary of the W1/2 of the SE1/4 of the SW1/4 of Section
32 to a point on the Northerly right-of-way line of the said East Ustick Road;
thence South 89°43'17" West 576.22 feet along the said Northerly right-of-way line
of East Ustick Road to a point marking the Southeast corner of the said Summerfield
Subdivision No.1;
thence North 0°16'43" West 20.00 feet along the said Easterly boundary of
Summerfield Subdivision No.1 to the point of beginning, comprising 19.25 acres, more
or less.
Prepared by:
HUBBLE ENGINEERING, INC.
D. Terry Peugh, P.LS.
JCM/DTP /G LR/bh/852. des
Summerfield Subd. No.3
Page 3 of 3
EXHIBIT A
5.
6.
7.
EXHIBIT "B"
TO THE DEVELOPMENT AGREEMENT
BY AND BETWEEN THE
CITY OF MERIDIAN, IDAHO
AND
MAX BOESIGER, INC.
Summerfield Subdivision No.3 is comprised of 63 single-family dwelling units with an overall
density of3.27 dwelling units per acre; density of the entire Summerfield development shall not
exceed 3.0 dwening 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 from 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 stmdards.
Dedicate the necessary land from the centerline or'Ustick Road for public right-of-way,
including any necessary bike lanes.
4.
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.
B:'-
Construct a minimum twenty-foot (20') landscaped berm along Ustick Road to be
maintained by the Summerfield Homeowners Association.
9."
Provide pressurized irrigation to all lots within this subdivision,
10,
Provide perimeter fencing prior to construction.
EXHIBIT "B"
SUMMERFIELD SUBDIVISION NO, 3 DEVELOPMENT AGREEMENT
12/22/94
Page I of 2
, ~
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.
11.
EXHIBIT "B"
SUMMERFIELD SUBDIVISION NO.3 DEVELOPMENT AGREEMENT
12/22/94
Page2of2