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Salmon Rapids Subdivision No. 1 3'1103391 m~; ~ ð:h:t DEVELOPMENT AGREEMENTrc""C:""" ;, ~~'" ß~ 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. .' """~~"""'" . .~..~' ¥-BBEc ""#. , /;" ~~ ..,... °-1 ~ l.::;,'9..... .....1- " '; "'If! ~OTA<?r \~,,~ ~ ~ : -.- ::;~\= ì~~ClBL\C l * ~ "» .. ..' C ~~. -1 »°......... ~ "'" 'J¡ OF I'D ~ ",' """"",,""~ STATE OF IDAHO) ss. í}lwt¡J; ~~~~ 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. """"""""" ",\C. E. l. G "'., ..' ~' "'~"""e.". -1 ~.;~ (SEAL) $'::;( 'é '1:,\]"",:- fJC})¡:'~ ~ \'~Z1;~~:!?~~~~~/ Rev. 12/05/94 SALMON RAPIDS SUBDIVISION NO. I DEVELOPMENT AGREEMENT Page 8 EX!f¡/!; l-r'{!f Ii PlO' "'" O?I"I" - ,,59= PLAT.SHOWING SALMON RAPIDS SUBDIVISION NO.1 SITUATED IN THE~SE '/4 SECTION ,.. TaN R'E SM ADA COUNTY IDAHO . ~._,. . ,...... CERTIFICATE OF OWNERS KNOW ..... "'" BY TH[SE PRE"""'" "0' "0 ,.'_.od ..,. .., ...~ 01 .., ,,0 p'ol""ty""oft~ """"od. A .." 01 "., ."0'" ~ "0 Son""" 1/' '" So- 10. 'o~.... J NO<th. Roo" tEo.'~."" ""'"",,,"0 """.'y, ""'~ .......,..",,"" . : Comrn...~, 0' 0 ...., ..... p~ """="'." "0 -..... Com~ '" ". ........ '" ....... ~.... ..; """" "0 01"" Sootl", 10, ,," ,~' "" "",..., ...,....., '" Son,. -.. "',.. Rood, N"'" ........'-..' E,,'< "- 01""'" fno' too"""1'""o"""""""""",,,"oN""',,"_.ol"'Sou""" 1/""""0""'" 10.""""""""" , 0""" '.0 ...... ."-4"-00" wo.. 0 ......... '" 25.00 font to 0 .., .... P.' '" .., ""'" """-01-'0' 01,>0" -....... Rod~ '0" p;po "" .., p",", OF e"","lNG. , Th",.. 01"" ... -'" ""'-01-_, 01 -., O.~ Rod' Sou" ...-..'-..' w.., 0 01."",.. .; 100?00 .... to 0 """"pln. 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F~"'D""..~ ACKNO\fYL"DGlMENT STATE OF IDAHO) COUNTY", ADA) """,_do,.1 .'~' ,1=""...rn~"'~d~I""'No"',"'.".o.dfor.."Sto"'p.....oll,op""" .on, GoI'..lIh,"""" .on""", to rn, " .. tho p~'" .noM .=, " ...."." toth. ......., ,.,INrnool ~, Odrno".....~to....... " "'","'~...,':"-' IN "TNESS ""REOF, I no.. "",.to "'~t llood "" om", m, om.., ,," .., .., "" "., . "" .,n"ooI, .... ...~ "'It". ~~",~ ".' - -- R"Id~,.. ,"'ho .,~rnrnl."....p"'- Nolory P,bI'" I. "0 oto!, 01 ""0 CERTIFICATE O~ SURVEYOR I,D'.OH.RO""'CE,do.""y..,'If,"o"=oR....",'Prof-"""Lo.dSo"",...,II..."O,y..,Stol,or"..~"" "", .." piG' 01 S"""ON RAPIDS "'001."" ND. , .. dN"'" ~ th, CER'RC'TE OF o,",..S woo ...~ .... '" 00"" w"",rno'ooo"o"","""""'my","""Io.ood""""pl"oo,""",'""""",o".""~~.o.'"~ ~....It""""Sto"o'."oeoo""..."oPlo""""O"""" APPROVAL OF MERIDIAN CITY COUNCIL P.C~ 3624 '~'pl"oo'opp""'Ih._",.. .""'OIt aly a'II< CERTI~ICATE O~ ADA OOUNTY HIGHWAY DISTRICT ::;' .1::""" ,:::~;' o~'p'" 000 Ä.'îrï¿" .., ,.... 01 Ado"""." ",h_, DIo1rlo' Comrn"'o.~ AD' COUNTY HIGHW4Y DiOtRICT Cho"'", CERTIFICATE OF OENTRAL DISTRICT HEALTH DEPARTMENT ...It..",.trl."""""~,, ...._"..~, oooonl.rto~. bo" ","" .0,1" "oeo..tyR....'~.hI. ..",n......, """""""""""'" : t,y~,-"~""::-."" : f.,~~~ '/,...;.,...<.~) XI17!9r¡ ~~-,.. HooI..Offi- ~a.". . CERTIFICATE OF ADA COUNTY 8URVÌ!!YO ~. l,tho..""","'Coon,,"""""'forAdoCoon'"""o""~'"'_th"'no""""""""o'or SAUlON RAPmo """""'ON NO. " 00' .... 11 ._pll.. .1" tho ..... 01""0 Code "'olin, to PI... 0.' """"" Ado Coon"snm,... CERTI~ICATE OF MERIDIAN CITY ENGINEER _p"'ood_""_do,o'. A.O. ,"- '"' "0 CIty En,..~ .. .., a" or .""'00, Ad. Co~'" .""'OIt CII, ...".... CERTI~ICATE OF THE COUNTY TREASURER "." to.""","" "o""d~I,..., po<.., """""",""""oeoo, 5O-1JOB, 'o....,."",fy.... ,","'dOli"...,' "'d/.".""""""""""""'~"'tho"""'Y."'dod'"thIo~"h~'-po"~"U,Th"""',"..."'b""" - "'tho........,(,,) "" "'," .~ . ....- Ado Coonl, ,~'"'" CERTIFICATE OF ADA COUNTY RECORDER INS,"""",' NU,,"ER "~","'l1fy....th"~"OfSAUlCNRAPlDS""OI.'ONNo.l........th,..,,..'ol- ~ o,-""""",'_o"""_.rn.thI,_",of ,A.O."--.rn,olft.oOlt'_o"', ,"""".'_oIPlo"oIPo",_o."----. 0""", f- E._1ft.. R_'o< . ' 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