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Sherbrook Hollows Subdivision RECORDED-REQ~E TO.' ADA COUNTY RECORDER (/), ~, (j k..v J. DAVID NAVARRO Y /"~ DEVELO~NftAJt'GREEMENT Fg~.... uEPUTY I99ØJL30PMI:22 ~/9BO7 921 THIS AGREEMENT, made and entered into this Jk day of 1'-L-- , 1998, by and between the CITY OF MERIDIAN, a municipal corporation of teState of Idaho, party of the first part, hereinafter called the "CITY", and Gem Park II , and Idaho General Partnership, party of the second part, hereinafter called the "DEVELOPER", whose address is P. o. Box 344. Meridian. Idaho 83642. WITNESSETH: WHEREAS, DEVELOPER is the sole owner, in law and/or equity, of a certain tract of land in the County of Ada, State ofIdaho, 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 rezoned, 11-2-417 D; and WHEREAS, an application for annexation and zoning of that certain property described in Exhibit "A" was submitted, requesting zoning of Low Densitv Residential District (R-4) and the DEVELOPER has submitted a subdivision fmal plat for said property; 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, a request was made to the CITY to have the same annexed to said CITY, or rezoned, and the DEVELOPER 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, WHEREAS, the Findings of Fact and Conclusions of Law required that the DEVELOPER enter into a Development Agreement; and 961102\devel-agr SHERBROOK HOLLOWS SUBDIVISION DEVELOPMENT AGREEMENT Page 1 .,: WHEREAS, the said City Council in the Findings of Fact and Conclusions of Law annexed or rezoned the property subject to de-annexation if the DEVELOPER did not enter into a Development Agreement. NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: DEVELOPER agrees, and hereby binds his, its, or their heirs, successors and assigns to this agreement, in consideration for the annexation, rezone, or the non-de-annexation of the area, as follows: 1. 2. That the above recitals are contractual and binding and are incorporated herein as if set forth in full, and the terms of this agreement cannot be altered, changed or modified without the express written consent of the CITY. 3. That DEVELOPER, in accordance with its representations before the CITY, shall, on the land described in Exhibit "A": a. Submit a subdivision plat application of the property to the CITY to be approved by the CITY and recorded in the Ada County Recorder" office prior to any development. b. That the property zoned ~, described in "Exhibit A", shall have lot sizes of at least Eight Thousand ( 8.000) square feet, which is the size represented at the City hearings, and shall meet all of the requirements of the R-4 zone including a minimum house size of Fourteen Hundred (1,400) square feet, and have no duplex units, townhouses, or patio homes constructed on said property. c. That there shall be no change to increase the number of lots or reduce the size of lots as shown in the preliminary plat by the DEVELOPER and approved by the City, which is incorporated herein as if set forth in full herein. That DEVELOPER will file or cause to be filed with the City Engineer, a complete set of "Subdivision Improvement Plans" (Improvement Plans") showing all streets, utilities, pressurized irrigation facilities, fire hydrants, extensions of water lines to and along the exterior boundary of such property, landscaping, drainage, street and other similar signing and barricades, and other such improvements contemplated within the development, which Improvement Plans and all improvements shown thereon shall meet the approval of the City Engineer. Said Improvement Plans are incorporated herein and made a part hereof by reference. 4. That DEVELOPER will, at his or their own expense, construct and install all 961102\devel-agr SHERBROOK HOLLOWS SUBDIVISION DEVELOPMENT AGREEMENT Page 2 sanitary sewers, storm drains, pumping stations, water mains and appurtenances, fire hydrants, curbs and gutters, pressurized irrigation system, electrical transmission lines, natural gas lines, telephone lines, sidewalks, cross drains, street, street surfacing, street signs, and barricades as well as any and all other improvements shown on the Improvement Plans as reviewed and approved by the CITY. DEVELOPER agrees that no Certificates of Occupancy will be issued for any building or use on a lot until all improvements have been installed, completed and accepted by the CITY for any phase. 5. That DEVELOPER will construct and install all such improvements in strict accordance with the filed and approved plat and 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. 6. That DEVELOPER will provide the City Engineer with at least fifteen (15) days advance written notification of when and of what 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. 7. That DEVELOPER will have "corrected" original drawings of the 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 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 ofthe various improvements are true and correct 8. That DEVELOPER shall, immediately upon the completion of each of the two phases of said development, notifY the City Engineer and request his inspection and written acceptance of such completed improvements or portion thereof. 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, within a reasonable time as determined by the CITY, 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 9611O2\devel-agr SHERBROOK HOLLOWS SUBDIVISION DEVELOPMENT AGREEMENT 9. Page 3 10. improvements, the DEVELOPER will pay to the CITY the actual costs paid or incurred by the CITY for such improvements so constructed by the CITY, plus interest thereon at an annual interest rate equal to the prime interest rate of First Security Bank of Idaho J1.lill¡ five percent (5.0%) until paid, said payment to be made 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, duly held, 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 Occupancv within such phase 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 including, but not limited to, the right of appeal to a court of appeal to a court of competent jurisdiction. 11. 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. That DEVELOPER agrees to, and does hereby, grant a security interest in the land which is the subject of this Agreement, to secure the installation of all improvements including, but not limited to, sewer, water, irrigation and drainage piping, pressurized irrigation system, landscaping and berming, and fencing. In the event of DEVELOPER's failure to complete such installation, the CITY may install such improvements and, without notice, foreclose this Agreement as a 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 961102\devel-agr SHERBROOK HOLLOWS SUBDIVISION DEVELOPMENT AGREEMENT 12. Page 4 13. 14. 15. 16. 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 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 as security for the construction by the DEVELOPER of the Project Improvements, the CITY shall require from the DEVELOPER irrevocable letter(s) of credit, cash deposit(s), certified check(s), or negotiable bond(s) as allowed under Section 11-9-606 C of the Revised and Compiled Ordinances of the City of Meridian, and the CITY shall have the right to withhold a building permit with respect to any lot within the property until the same is provided by the DEVELOPER. Said improvements shall include, but not be limited to, sewer, water, curb, gutter and sidewalks, irrigation and drainage piping, pressurized irrigation system, landscaping and berming, and fencing. 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 construction areas to contain debris prior to any construction, except where roadways and streets for access are located and except where the CITY has agreed in writing that such fencing is not necessary. That DEVELOPER agrees that those portions of the water main, as identified in Exhibit "B" hereto, including any water 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 961102\devel-agr SHERBROOK HOLLOWS SUBDIVISION DEVELOPMENT AGREEMENT 17. Page 5 of the cost savings which can be accomplished by construction of 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. 18. That DEVELOPER agrees that no Certificates of Occupancv 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 Occupancv shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the CITY. 19. That DEVELOPER agrees that any notice required by this Agreement shall be deemed delivered if and when personally delivered or deposited in the United States mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY of Meridian: City Engineer City of Meridian 33 East Idaho Meridian, ID 83642 DEVELOPER: Gem Park II P. O. Box 344 Meridian. Idaho 83642 With copy to: Wayne G. Crookston, Jr. 33 E. Idaho Street Meridian, Idaho 83642 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this Section. The parties may at any time hereafter modifY or amend this Agreement by a subsequent written agreement executed by the parties. This Agreement shall not, however, be changed orally, nor shall it be deemed modified in any way by the act of any of the parties hereto. Nothing herein is intended, nor shall it be construed, 961102\devel-agr SHERBROOK HOLLOWS SUBDIVISION DEVELOPMENT AGREEMENT Page 6 20. 21. 22. 23. as obligating a party to agree to any modification of this Agreement. That DEVELOPER agrees to pay all recording 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 shall 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, and the Comprehensive Plan of the City of Meridian which was approved and adopted on January 4,1994. 961102\devel-agr SHERBROOK HOLLOWS SUBDIVISION DEVELOPMENT AGREEMENT Page 7 DATED the date, month and year first appearing. DEVELOPER: CITY OF MERIDIAN: 961102\devel-agr SHERBROOK HOLLOWS SUBDIVISION DEVELOPMENT AGREEMENT Page 8 STATE OF IDAHO) ss. County of Ada) 'fI.f On this Zi day of ~ ' 1998, before me, the undersigned, a Notary Public in and for said State, personall pe d Greg Johnson , known, or proved to me, to be the President and Secretary of said corporation that executed this instrument and the persons who executed the said instrument on behalf of said corporation, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and ye;¡.r in this certificate first above written. """N"'~ ,.,...'~ \... BO ,:.'!I "C ..""" /Þ<,~. ,~~". ~ 1$ ¡ ~o1' A~~"'\ ¡ * f _.- * '" \c '\ ". .ÞUB\.o . ¡ .. <p". W. .f ~'" ~-1 .""'."'~" , 1'11 011 \'v ,............ (SEAL) ot Public for Idaho Re iding at: ~¡Se- I My Commission Expires: -:CI2. 5"'-;) -óbðo STATE OF IDAHO) ss. County of Ada) On thiS.3&- day of (\, '~'M , 1998, before me, the undersigned, a Notary Public in and for said State, personal~BERT D. CORRIE 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. ~t~ Notary Ubl~f~ú¡'ia.hO Residing at: $.(, . I My Commission Expires: I DIl5/2J)()Q... ., """""'... ,;," ~\.. L. $1 ~ f #.~....-...::\<tr<p ~~ - "'f~ \ (S£A~ ~O }>. i : . _.- . * . =*, J = ~ \ .Þ{¡B\.o\C ¡ '\ <p"" .."..;.0 If 'Io~ ~-1 "'.""~~ 'iY' , ~"".,1'11 OF \ ...4>'!I ............, 9611O2\devel-agr SHERBROOK HOLLOWS SUBDIVISION DEVELOPMENT AGREEMENT Page 9 EXHIBIT "A" TO THE DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF MERIDIAN, IDAHO AND GEM PARK II A parcel of land being a portion of the South Y, of Section 20, Township 3 North. Range 1 East, Boise Meridian, Ada County, Idaho, said parcel being more particularly described as follows: Commencing at the iron pin marking the corner common to Sections 19, 20, 29 and 30, T. 3N., R. 1E., B.M., Ada County, Idaho; Thence N 0°44'50" E 1,327.36 feet to an aluminum cap marking the south 1/16 corner common to said Sections 19 and 20, said point being the REAL POINT OF BEGINNING; Thence S 89°49'11" E 2,228.88 feet along the north line of the South Y, SW 1/4 of said Section 20 to a point on the centerline of the Ridenbaugh Canal; Along said centerline the following courses and distances: Thence S 20°43'05" E 111.76 feet to a point of curvature; Thence along a curve to the left 168.45 feet, said curve having a central angle of 12°52'06", a radius of 750.00 feet, tangents of 84.58 feet and a long chord of 168.09 feet which bears S 27°09'08" E to a point of tangency; Thence S 33°35'11" E 233.60 feet to a point; Thence S 52°22'11" E 44.27 feet to a point; Leaving said centerline: Thence S 0°25'48" W 206.24 feet to a point; Thence N 89°34'12" W 538.36 feet to a point; Thence S 0°34'22" W 126.54 feet to a point; Thence N 89°32'04" W 639.99 feet to a point; Thence S 0°34'24" W 531.00 feet to an Aluminum Cap marking the west 1/16 corner common to said Sections 20 and 29; 961102.des Thence N 89°34'22" W 388.90 feet along the line common to said Sections 20 and 29 to a point on the centerline of the Eight Mile Lateral; Along said centerline the following courses and distances: Thence N 3°04'10" W 319.40 feet to a point of curvature; Thence along a curve to the left 155.25 feet, said curve having a delta of74°07'42", a radius of 120.00 feet, tangents of 90.64 feet and a long chord of 144.65 feet which bears N 40°08'01" Wto a point of tangency; Thence N 77°11'52" W 523.60 feet to a point; Leaving said centerline: Thence S 89°22'14" W 323.49 feet to the line common to said Sections 19 and 20; Thence N 0°44'50" E 792.41 feet to the REAL POINT OF BEGINNING of this description, said parcel containing 48.70 acres, more or less. EXHIBIT "A" 961102 SHERBROOK HOLLOWS SUBDIVISION DEVELOPMENT AGREEMENT Page I of1 EXHIBIT "B" TO THE DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF MERIDIAN, IDAHO AND GEM PARK II This subdivision is for I 40 Single-Family dwelling units with an overall density of 2.87 dwelling units per acre. The DEVELOPER shall: DEVELOPER shall develop the property described in Exhibit "A" as a 140 lot Single Family Residential Development pursuant to §11-9-607 of the Meridian Zoning and Department Ordinance. I. DEVELOPER agrees to comply with the requirements of the Meridian Police Department, Meridian Fire Department, Meridian City Engineer, Meridian Planning Director, Ada County Highway District (hereinafter "ACHD"), Central District Health Department and the Nampa-Meridian Irrigation District. 2. 3. DEVELOPER covenants and agrees that, in connection with the development of the Subject Property as may be approved by the CITY pursuant to the Preliminary Plat Application filed by DEVELOPER, DEVELOPER shall, at its cost and expense, do and perform the following: a. Landscaping - Locust Grove Road and Victory Road. Construct a landscape strip within the Subject Property along the full length of the Subject Property adjacent to the east right-of-way line of Locust Grove Road ("Locust Grove Road Landscaping"), and adjacent to the north right-of-way line of Victory Road ("Victory Road Landscaping"), The Locust Grove Road and Victory Road Landscaping shall be a minimum of twenty feet (20') in width beyond required ACHD right-of-way. The Locust Grove and Victory Road Landscaping will be landscaped and sprinkler irrigated in accordance with a landscape plan to be submitted by DEVELOPER and approved by the CITY. b. Sidewalk -Locust Grove Road and Victorv Road. Prior to obtaining a building permit on the Subject Property, deposit funds with the Ada County Highway District for construction of a five-foot (5') concrete sidewalk or construct along the full length of the Subject Property adjacent to the west boundary of the Subject Property)"Locust Grove Road") and the south boundary of the subject property ("Victory Road"), The Locust Grove and Victory Road Sidewalk shall be constructed in accordance with the standards and specifications of the Ada County Highway District (hereafter "ACHD") in effect at the time of construction, EXIDBIT "B" 961102 SHERBROOKE HOLLOWS SUBDIVISION DEVELOPMENT AGREEMENT Page I of 4 c, Dedication/Sale of Additional Right-of-Way -Locust Grove Road and Victorv Road. Dedicate or sell land adjacent to the existing east right-of-way line of Locust Grove Road and existing north right-of-way line of Victory Road required to meet ACHD's requirement for a forty-five-foot (45') right-of-way from the centerline of Locust Grove and Victory Road, including any necessary bike lanes. d. Internal Roads. Construct the intemal roads through the Subject Property as shown on the final plat at the time of development of the Subject Property. The roads shall be in the location and of the dimensions shown on the approved plat and as approved by Ada County Highway District. e. Subdivision Plat(s). DEVELOPER shall timely prepare, submit, and obtain the required approval by the CITY of a subdivision plat for the Subject Property, said plat to be in conformity with the requirements of the Ordinances of the City of Meridian and State Code and preliminary plat approval. f, Plan Approvals. Timely submit and obtain the required approval by the City of all building plans, lighting plans, landscaping plans, and other plans relating to the development of the Subject Property in accordance with the Meridian City Ordinances. g. Compliance with ACHD Conditions of Approval, In the development of the Subject Property, comply with the terms and conditions of the approval by ACHD of the development of the Subject Property, as set forth in the ACHD Staff Report. A master drainage plan shall be submitted to ACHD and shall be approved prior to construction of the development. In cases where ACHD's and the CITY's conditions of approval conflict, the conditions which are more restrictive shall take precedence. h. Canals. Ditches and Waterwavs. Tile all canals. ditches and other waterways on the Subject Property and submit evidence of appropriate approvals from the irrigation district and/or downstream water users, except those waterways which include the Ridenbaugh Canal, Eight-Mile Lateral and Nine-Mile Drain as approved by variance by the Meridian City Council. i. Water and Sewer Service, Connect all water and sewer facilities within the Subject Property to the municipal water and sewer service of the City of Meridian. All water and sewer facilities constructed or installed by DEVELOPER on the Subject Property shall be in accordance with plans and specifications therefor which shall be first approved by the CITY. j. Landscaping - General, Construct and install all landscape areas, as shown on plans to be submitted and approved by the CITY, with sod and sprinkler irrigation system. All shrubs and trees planted on the Subject Property will comply with the EXHIBIT "B" 961102 SHERBROOKE HOLLOWS SUBDIVISION DEVELOPMENT AGREEMENT Page 2 of 4 4. 5. 6. 7. 8. 9. 10, 11. 12. 13. 14. CITY's landscape requirements, unless otherwise expressly approved by the CITY. Lighting. All lighting will be designed in accordance with Meridian Ordinance Section 2-414.D.3 and approved by the Meridian City Engineer. No glare or illumination of adjacent properties, as determined by the CITY, will be permitted. Maintenance of Landscaping, All landscaping referenced in this agreement shall be perpetually maintained in a neat, aesthetically pleasing and workmanlike manner by the DEVELOPER or the Sherbrooke Hollows Home Owners Association. Pressurized Irrigation. Provide pressurized irrigation to all lots within this subdivision. Evidence of approvals from appropriate irrigation District/canal Company and downstream water users must be submitted to the City. Fencing. Perimeter fencing (required prior to obtaining building permits). The fence shall be six feet (6') in height and shall be permanent and constructed of non-combustible materials. Meet the requirements and conditions of the Findings of Fact and Conclusions of Law and meet all Ordinances ofthe CITY. Extension of the Nine Mile Sewer Trunk Line. The applicant will be responsible for extension of the Nine Mile Sewer Trunk line south on Locust Grove from the entrance of Los Alamitos Subdivision to the subject property. The 12-inch sewer trunk line will be extended through the subject property to Victory Road. Relocation of the Nine Mile Drain. Provide evidence of plan approval from Nampa and Meridian Irrigation District prior to relocation of the Nine Mile Drain. Block Length. The Meridian City Council granted a variance of the maximum block length of 1,000 feet on those block's which exceeded the requirement. Ship lev PropertY Drainage. Provide a plan with provisions for a perforated pipe to intercept subsurface drainage along the north boundary of the subject property. Pedestrian Bridge. Provide evidence of a deposit in the amount of $15,000.00 to a trust fund at Ada County Highway District for one-half the cost for a future pedestrian bridge over the Ridenbaugh Canal. One Storv Lots, Lots 2, Block 2 and 2 Block 7 Sherbrooke Hollows No.1 at the Victory Road entrance shall be single story homes, The six (6) lots adjoining the southeast corner of the subject property shall be single story to preserve the view corridor. EXHIBIT "B" 961102 SHERBROOKE HOLLOWS SUBDIVISION DEVELOPMENT AGREEMENT Page 3 of 4