Raven Hill Subdivision
-,
',.' --J~'.
,
95030229
D:t¡ øf ~
tDc, GC -:C,C,Uf:R
J, C A "T; , -.- .,
DEVELOPMENT AGREEMENT 5 O~~;J,D c...iJ:.-
TH!S AGREEMENT, made and entered into this - / ø ~ day ~~~~ rn 2 29
.~ b , 1995, by and between the CITY OF MERIDIAN, a municipal C?rporation of
th~of Idaho, party of the first part, hereinafter called the "CITY", and ~~-ltILL;--::;:-;:-
PARTNERSHIP, party of the second part, hereinafter called the "DEVELOPER"';W!1dSèåddress .c.)! vf
is 2604 N Cole Road Boise Idaho 83704
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
imp 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 reroned,
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
zoning of~ 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 rewning 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
rerone the CITY adopted and approved Findings of Fact and Conclusions of Law; and,
RAVEN HILL SUBDMSION DEVELOPMENT AGREEMENT
3120/95
Page I
'31'
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, rerone, or the non-de-annexation of the area,
as follows:
1.
2.
3.
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 one thou.~d five hundred (l.5OO)
square feet of floor space, exclusive of garages.
That the property roned R-4, described in "Exhibit A", shall have lot sizes of at
least eight thousand (B.J!OO) square feet, which is the size represented at the City
hearings, and shall meet all of the requirements of the R-4 rone 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,
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 faci1ities 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 and gutters, pressurized irrigation system, electrical
RAVEN HILL SUBDIVISION DEVELOPMENT AGREEMENT
3/20/95
Page 2
,. ,
7.
ß.
9.
transmission liiles, 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.
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 actual constructed location (both
horirontally 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 .
RAVEN HILL SUBDMSION DEVELOPMENT AGREEMENT
3/20/95
Page 3
11.
12.
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 andlor 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 or attempted conference, after notice to 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 OccupaIK;y within such annexed area andlor 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, !\II 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
RAVEN HILL SUBDIVISION DEVELOPMENT AGREEMENT
3/20/95
Page 4
15.
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. .
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 shall 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.
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 andlor 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
RAVEN HILL SUBDIVISION DEVELOPMENT AGREEMENT
3/20195
Page 5
16.
17.
18.
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.
That DEVELOPER agrees that no Çertificates of OccQpancy 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 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:
Raven Hill Partnership
Robert Glenn
2604 N. Cole Road
Boise ID 83705
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.
RAVEN HILL SUBDIVISION DEVELOPMENT AGREEMENT
3/20/95
Page 6
DATED the date, month and year flfst appearing.
DEVELOPER: ;'I " I
~ H-\ LC-.
~4?4u
CITY OF MERIDIAN
Bv~D~
Grant P. Kingsford, May r .
BJdú~¿¡~7~
William G. Berg, Jf., City er
RAVEN HILL SUBDMSION DEVELOPMENT AGREEMENT
3/20/95
Page 7
STATE OF IDAHO)
ss.
County of Ada )
On this l:.t:M day of (l pH 1..) , 1995, before me, the undersigned, a Notary Public
in and for said State, personally appeared Robert Glenn, known, or proved to me, to be the
Managing Partner of said partnership that executed this instrument and the person who executed
the said instrument on behalf of said partnership, and acknowledged to me that such partnership
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.
: ø"""""~
. "." $"Y P:B" II,
$'- ~C........."'30 '\
I' $:.~.' ". ~ '\
;: . OT.ð.h \<1';.
:: I -.e< .~"." v.
æ*: -.- !*5
(SEAL) \ \ J>UBL\C l j
'\ <p;. ... ....." Q ¡
'. -1)'0 --.... .,.':¡;;,:.
~"" 11 OF \"p .,,<1'
."............,
STATE OF IDAHO)
~11~~~
Notary Public Idaho
Residing at: . V
My Commission Expires: 0I;}ý/ .qo¡
ss.
County of Ada )
On this If/'" day of . ~ ' 1995, before me, the undersigned, a Notary Public
in and for said State, personally Ii 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.
RAVEN HILL SUBDMSION DEVELOPMENT AGREEMENT
3/20/95
Page 8
HUBBLE ENGINEERING, INC.
9550 Bethel Court. Boise, Idaho 83709
2081322-8992 . Fax 2081378.()329
Project No. 94125
March 7, 1995
DESCRIPTION OF
RAVEN HILL SUBDIVISION FOR
RAVEN HILL PARTNERSHIP
A PORTION OF THE NW114, SECTION 20,
T.3N., R.1E., B.M.,
MERIDIAN, ADA COUNTY, IDAHO
A parcel of land being a portion ofthe NW114 of Section 20, T.3N., R.1 E, 8.M.,
Meridian, Ada County, Idaho and more particularly described as follows:
Commencing at the brass cap marking the section corner common to Sections
17, 18, and 19 and the said Section 20;
thence South 0°34'33" West 2654.56 feet along the Westerly boundary of the
said NW114 of Section 20, which is also the centerline of South Locust Grove Road, to
a bolt marking the one-quarter corner common to the said Sections 19 and 20;
thence North 89°55'58" East 45.00 feet along the Southerly boundary of the said
NW1/4 of Section 20 to a 2-inch galvanized pipe, also said point being the REAL
POINT OF BEGINNING (INITIAL POINT);
thence along the following courses and distances to iron pins:
South 89°55'58" West 20.00 feet along the said Southerly boundary of the
NW1/4 of Section 20 to a point on the Easterly right-of-way line of South Locust Grove
Road;
thence North 0°34'33" East 60.00 feet along the said Easterly right-of-way line of
South Locust Grove Road;
thence North 89°55'58" East 302.98 feet along a line 60.00 feet Northerly of and
parallel with the said Southerly boundary of the NW114 of Section 20;
Raven Hill Subd.
Page I on
EXHIBIT "A"
Project No. 94125
March 7, 1995
thence North 0 °34'33" East 131.43 feet along a line Easterly of and parallel with
the said Westerly boundary of the NW1/4 of Section 20;
thence North 89°59'33" East 240.01 feet;
thence North 0°34'33" East 311.69 feet along a line Easterly of and parallel with
the said Westerly boundary oUhe NW1/4 of Section 20;
thence South 89°59'33" West 21.44 feet;
thence North 26°05'27" West 277.95 feet;
thence South 89°59'33" West 421.80 feet to a point on the said Westerly
boundary of the NW1/4 of Section 20;
thence North 0°34'33" East 23.35 feet along the said Westerly boundary of the
NW1/4 of Section 20 to an aluminum cap;
thence continuing along the following courses and distances to iron pins:
North 89°59'22" East 1443.60 feet along the extended Southerly boundary and
the Southerly boundary of Rim View Subdivision, as filed for record in the office of the
Ada County Recorder, Boise, Idaho in Book 43 of Plats at pages 3477 and 3478 to a
point marking the Southeast corner of Lot 1 of Block 1 of the said Rim View Subdivision
on the centerline of Hunter's Lateral;
thence along the said centerline of Hunter's Lateral the following courses and
distances:
South 11 °33'07" East 554.27 feet;
thence South 6°06'40" East 42.59 feet;
Raven Hill Subd.
Page 2 of3
EXHIBIT "A"
Project No. 94125
March 7, 1995
thence South 38 °29'36" East 241.86 feet to a point on the said Southerly
boundary of the NW1/4 of Section 20;
thence leaving the said centerline of Hunter's Lateral along the said Southerly
boundary ofthe NW1/4 of Section 20 South 89°55'58" West 1672.47 feet to the point of
beginning, comprising 19.55 acres, more or less.
Prepared by:
HUBBLE ENGINEERING, INC.
Gregory G. Carter, PLS.
JCMlGGC/GLRlbh/1021.des
Raven Hill Subd.
Page 3 on
EXHIBIT "A"
"
EXHIBIT "B"
TO THE DEVELOPMENT AGREEMENT
BY AND BETWEEN THE
CITY OF MERIDIAN, IDAHO
AND
RAVEN HILL PARTNERSHIP
This subdivision is for QJ single-family dwelling units with an overall density of U 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, specifically including the Hunter Lateral along the
easterly boundary, and submit approvals and/or executed license agreements from'
appropriate irrigation district/downstream water users. -
2.
Extend and construct water and sewer line extensions to serve the property and connect
to Meridian water and sewer lines, as well as extending and constructing water and sewer
line extensions through the property.
3.
Construct streets, curbs, gutters and sidewalks to and within the property in accordance
with Ada County Highway District and City of Meridian standards.
4.
Dedicate the necessary land from the centerline of Locust Grove Road for public right-of-
way, including any necessary bike lanes.
5.
Pay any development, iIllpact or transfer fee adopted by the CITY.
6.
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).
7.
Meet the requirements and conditions of the Findings of Fact and Conclusions of Law
and meet the Ordinances of the CITY.
8.
Construct berms and landscape Lot I, Block I, and Lot 1, Block 5, along the entrance
street to be provided and maintained by the Homeowners Association.
9.
Provide pressurized irrigation to all lots within this subdivision. Evidence of approvals
ftom appropriate irrigation districtlcanal company and downstream water users must be
su\>mitted to the City.
EXHIBIT "B"
RAVEN HILL SUBDMSION DEVELOPMENT AGREEMENT
3/20/95
Pagelof2
'".: ' ,'..
.
10.
11.
Construct perimeter fencing along the northerly, southerly and easterly boundaries, and
construct non-combustible fencing along the Nine Mile Drain within the boundaries of
the subdivision prior to obtaining building permits.
Preserve existing natural features along the northerly property boundary during
construction of utilities.
EXHffiIT "B"
RAVEN HILL SUBDMSION DEVELOPMENT AGREEMENT
3/20/95
Page 2 of 2