Salmon Rapids Subdivision No. 1
3'1103391
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DEVELOPMENT AGREEMENTrc""C:""" ;,
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THIS AGREEMENT, made and entered into this ~t l;i~áy~:Pf :"ìlë.r:et!t.6¿¡-
, 1994, by and between the CITY OF MERIDIAN, a municipal corporation
of the State of Idaho, party of the first part, hereinafter caÐOO---tI10."CrI'Y",'!11d;~
Develo.pers Inc. , party of the second part, hereinafter called the RÐRvROPER" ,Whose address
is 4550 West state Street Boise Idaho 83703
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, 67-6511A,
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 rewned,
11-2-417 D; and
WHEREAS, the DEVELOPER has submitted an application for annexation and zoning,
or an application for rezone, of that certain property described in Exhibit n A", and requested
zoning ofM 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 rewned, 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,
Rev. 12/05/94
SALMON RAPIDS SUBDIVISION NO.1 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 rewned 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.
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 1Æ)Q square feet of floor space,
exclusive of garages, and any single-family home within five hundred (500) feet
of Meridian Greens Subdivision shall have a minimum of 1..5QQ square feet of
floor space, exclusive of garages,
3.
That the property is roned M, described in "Exhibit A" , and shall have lot sizes
of at least eight thonsand (ft.OO!l) square feet, which is the size represented at the
City hearings, and shall meet all of the requirements of the R-4 zone and allow
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,
roning 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,
Rev. 12/05/94
SALMON RAPIDS SUBDIVISION NO. I DEVELOPMENT AGREEMENT Page 2
6.
That DEVELOPER will, at his, its or their own expense, construct and install all
sanitary sewers, storm drains, pumping stations, water mains and appurtenances,
fife hydrants, curbs, gutters and sidewalks, 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.
7.
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.
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 .
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,
sidewalks, 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
Rev. 12/05194
SALMON RAPIDS SUBDIVISION NO.1 DEVELOPMENT AGREEMENT Page 3
11.
12.
Engineer and request his inspection and written acceptance of such completed
improvements.
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 or attempted
conference with the DEVELOPER after notice. 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 ftom the City Engineer, that any of the requirements herein specified
have not been complied with, that the CITY shall have the right ~o 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.
Rev. 12/05/94
SALMON RAPIDS SUBDIVISION NO.1 DEVELOPMENT AGREEMENT Page 4
14.
15.
That DEVELOPER agrees to, and does hereby, grant a security interest in the
land which is the ~iect 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 improvemeIlts 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 exec\lte
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 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.
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 ITom
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 ata later
time, DEVELOPER agrees to design and construct such facilities su~iect 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
agr~ to obtain three independent bona fide bids for the performance of such
Rev. 12/05/94
SALMON RAPIDS SUBDIVISION NO.1 DEVELOPMENT AGREEMENT Page 5
16.
17.
18.
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 mann~ 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.
That DEVELOPER agrees that no Certificates of Occunanc.y 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 DEVELOPERagrees,in recognition of the unique and peculiar
circumstances relative to thi~ 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:
Farwest Develoners Inc.
Marty Goldsmith
4550 West State Street
Boise ID 83703
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
Rev. 12/05/94
SALMON RAPIDS SUBDIVISION NO.1 DEVELOPMENT AGREEMENT Page 6
and Conclusions of Law, this Development Agreement, and the Ordinances of the
CITY .of Meridian.
DATED the date, month and year first appearing.
DEVELOPER:
Farwest Developers Inc.
By: 7~~ ~
Name: Mar1;ý J Goldsmith
Title: President
/~~
~: Ken H erson ~:...---....
Title: Secretat:y
CITY OF MERIDIAN
J3A~ . f? ~
Grant P. Kingsford, Mayor
B
William G. Berg, Jr., Ci Cl
Rev. 12/05/94
SALMON RAPIDS SUBDIVISION NO.1 DEVELOPMENT AGREEMENT Page 7
STATE OF IDAHO)
ss.
County of Ada )
On this c¡ day of~44jJt.1 ,1994, before me, the undersigned, a Notary Public
in and for said State, personally appeared Marty J Goldsmith, and Ken Henderson, knpwn, or
proved to me, to be the President and Secretary, respectively,' of said corporation that executed
this instrument and the persons who executed the said instrument on behalf of said corporation,
and acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the
rr-day and year in this certificate first above written.
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STATE OF IDAHO)
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Notary Public f~aho ~ "
Residing at: t1 119út./ fif
My Commission Expirés: ~ '"/0 Ô..:E:rJ
County of Ada
On this ~ day of }),;;,.", /"1" , 1994, before me, the undersigned, a Notary Pijblic
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 first above written.
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Rev. 12/05/94
SALMON RAPIDS SUBDIVISION NO. I DEVELOPMENT AGREEMENT Page 8
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EXHffiIT "B"
TO THE DEVELOPMENT AGREEMENT
BY AND BETWEEN THE
CITY OF MERIDIAN, IDAHO
AND
FARWEST DEVELOPERS Inc
This subdivision is for 45 single-family dwelling units with an overall density of 2.13. dwelling
units per acre. The DEVELOPER shall:
2.
3.
4.
5.
6.
7.
8.
9.
1.
Construct a non-combustible fence along the Eight Mile Lateral within the Nampa-
Meridian Irrigation District easement as provided for in the license agreement between
the Developer and the Nampa-Meridian Irrigation District.
Tile all other ditches, canals and waterways, including those that are property boundaries
or only partially located on the property.
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.
Construct curbs, gutters, sidewalks and streets to and within the property.
Dedicate the necessary land from the centerline of Locust Grove Road for public right-of-
way, including any necessary bike lanes,
Pay any development, impact or transfer fee adopted by the CITY.
Meet the requirements and conditions of the Findings of Fact and Conclusions of Law
and meet the Ordinances of the CITY.
Construct a twenty-foot (20') landscaped berm along Locust Grove Road to be maintained
by the Homeowners Association.
Construct and install pressurized irrigation to all lots within this subdivision.
10,
Provide pedestrian walkways in accordance with Meridian City Ordinance 11-9-605 C.
11.
Continue planting strip in accordance with Ordinance Section 11-9-605 G, along culdesac
near Locust Grove and construct a vertical curb to help prevent cut-through traffic to
Locust Grove.
12.
Provide perimeter fencing prior to obtaining building permits,
EXHIBIT "B" Rev, 12/05/94
SALMON RAPIDS SUBDIVISION NO. I DEVELOPMENT AGREEMENT Page 1 of 2
, '
13,
Petition the City Council for amendment to this development agreement at such time as
future phases. of Salmon Rapids Subdivision are proposed to incorporate specific
requirements.
EXHIBIT "B" Rev, 12/05/94
SALMON RAPIDS SUBDIVISION NO.1 DEVELOPMENT AGREEMENT Page 2 of 2