Sportsman Pointe No. 5
DEVELOPMENT AGREEMENT
THIS AGREEMENT, made and entered into this 2-1 ~ day of In a if
, 1996, by and between the CITY OF MERIDIAN, a municipal corpo~tion of the
State of Idaho, party of the first part, hereinafter called the "CITY", and Gem Park II Partnership,
party of the second part, hereinafter called the "DEVELOPER", whose address is P.O. Box 344
Meridian, Idaho 113680
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 develQpment agreements with
developers upon rezoning of land; and
WHEREAS, the CITY has passed two develQPIDent agreement ordinances, one when land
is rezoned, 11-2-416 L, and one when land is annexed, which is when it is also rezoned,
11-2-417.D; and
WHEREAS, the DEVELOPER has submitted an application for annexation and zoning,
or an application for rezone, of that certain property described in Exhibit" A ", and requested
zoning of R:I: 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 representaûons at the public hearing hefore 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 he in its best interest to be able to enter into this
agreement and acknowledges that this agreement was enrered 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
\
SPORTSMAN POINTE NO.5 SUBDIVISION DEVELOPMENT AGREEMENT ..
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Page 1
which has been approved for annexation by the CITY and as part of the annexation or rezone the
CITY adQPted 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
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-al!nexation of the area,
as follows:
L
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 one thousand five hundred (.1..500)
square feet of floor space, exclusive of garages.
3.
That the property is zoned R-4, described in "Exhibit A", and 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 and allow no
duplex urtits, townhouses, or patio homes to be 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 sitnilar 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
SPORTSMAN POINTE NO.5 SUBDIVISION DEVELOPMENT AGREEMENT
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Page 2
proposed location of pressurized irrigation facilities within or that may affect or be
affected by the development. Said Subdivision Improvement Plans are
incorporated herein and made a part hereof by reference.
6.
That DEVELOPER will, at his, its or their own expense, construct and install all
sanitary sewers, storm drains, pumping stations, water mains and appurtenances,
fire hydrants, curbs, gutters and sidewalks, pressurized irrigation system, electrical
transmission lines, natural gas lines, telephone lines, sidewalks, cross drains,
street, street surfacing, street signs, and barricades as well as any and all other
itnprovements 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 titne the construction of said
itnprovements 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 titne 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 DEVELOP~R will have "corrected" original drawings of the Subdivision
Improvement Plans of all said itnprovements 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 varions 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.
SPORTSMAN POINTE NO.5 SUBDMSION DEVELOPMENT AGREEMENT
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10.
II.
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.
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 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.
12.
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 riot been complied with, that the CITY shall have the right to withhold the
issuance of any Certificates of Occupancy within such annexed area and/or shall
have. the right to withhold the providing of culinary . water service to any part,
parcel, or portion of such annexed area mttil 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 itnprovements required herein
are not timely installed, the CITY may, at its sole option, install the itnprovements
and declare the entire cost of said improvements to be inunediately 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
SPORTSMAN POINTE NO.5 SUBDIVISION DEVELOPMENT AGREEMENT
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14.
15.
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
itnprovements 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 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 itnprovements.
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 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 itnprovements, 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 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
SPORTSMAN POINTE NO.5 SUBDIVISION DEVELOPMENT AGREEMENT
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Page 5
16.
17.
excess capacity and/or improvements concurrently with the facilities to be
constructed for DEVELOPER's purposes, and the itnpracticality or impossibility
of constructing such excess capacity and/or improvements separately or at a later
time, DEVELOPER agrees to design and construct such facilities subject to the
CITY's agreement to enter into a late comers agreement to reimburse
DEVELOPER for a portion of the costs of such excess capacity. DEVELOPER
agrees to obtain three independent bona fide bids for the performance of such work
from qualified and responsible contractors and shall deliver copies of such bids to
the CITY prior to the commencement of such work. Such bids shall be solicited
and itemized ina manner which allows clear and specific identification of that
portion of the cònstruction 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 Occupaß(;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 C-ertificates of Occqpan¡;y
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.
SPORTSMAN POINTE NO.5 SUBDMSION DEVELOPMENT AGREEMENT
5/21/96
Page 6
18.
19.
20.
21.
22.
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:
Gem Park. II Partnership
CTfe.goryB Johnson
P. 0 Box 344
Meridian ID 836110
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 sul:!iect 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.
SPORTSMAN POINTE NO.5 SUBDMSION DEVELOPMENT AGREEMENT
5/21/96
Page 7
DATED the date, month and year first appearing.
DEVELOPER:
Gem Park II Partnership
~..~~.~
N~ .0 n ¿ .
Title: MallJ\gÍQg Partner
CITY OF MERIDIAN
~
By Æ.~;
. D. Come, Mayor
B~A ~ ~ .
William G. Berg, Ir., City Clerk
SPORTSMAN POINTE NO.5 SUBDMSION DEVELOPMENT AGREEMENT
5/21/96
Page 8
STATE OF IDAHO)
ss.
County of Ada
On this ~yof ~ ' 1996, before me, the undersigned, a Notary Public
in and for said State, personally GregO(}' B Johnson, known, or proved to me, to be the
Managing Partner of said corporation that executed this instrument and the person who executed
the said instrument on behalf of said corporation, and acknowledged to me that such corporation
executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the
day and year in this certificate first above written.
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STATE OF IDAHO)
ss.
County of Ada
On this £day of . ~ ' 1996, before me, the undersigned, a Notary Public
in and for said State, personally a ROBERT 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 behaIf of said corporation,
and acknowledged to me that said City of Meridian executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the
day and year in this certificate first above written.
(SEAL)
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SPORTSMAN POINTE NO.5 SUBDIVISION DEVELOPMENT AGREEMENT
5/21/96
Page 9
,~
Éxhiliit A .
LEGAL DESCRIPTION FOR
FARRELL TO WESTPARK
A parcel of land being a portion of the Northeast 1/4 of Section
19, T.3N., R.1E., E.M., Ada County, Idaho, said parcel being
more particularly described as follows:
Commencing at the Brass Cap marking the corner common to Sections
17, 18, 19 and 20, T.3N., R.1E., B.M., Ada County, Idaho:
thence, s.Oo34'25"W. 488.00 feet along the line cornman to said
Sections 19 and 20, which is also the centerline of Locust
Grove Rd. to the REAL POINT OF BEGINNING;
thence continuing along said line, S.Oo34'25"W. 839.31 feet
to the Southeast corner of the NE 1/4 NE 1/4 of said Section
19;
thence, S.89°45'04"W.
NE 1/4 NE 1/4;
thence, ~.8°05'42"W. 1311.25 feet along the centerline of the
Nine Mile Drain and the extension thereof;
thence, N.3°41 '30"W. 28.00 feet along said centerline to the
north line of said Section 19 and the centerline of Overland
Road; .
thence, N.89°43'43"E. 319.89 feet along said lines;
thence, S.16°19'30"E. 505.46 feet;
thecne, S.89°25'35"E. 148.85 feet to the REAL POINT OF
BEGINNING, said parcel containing 13.264 acres.
415.96 feet along the south line of said
SUBJECT TO:
Any rights-of-way or easements of record or in use.
6.
EXHffiIT "B"
TO THE DEVELOPMENT AGREEMENT
BY AND BETWEEN THE
CITY OF MERIDIAN, IDAHO
AND
GEM PARK II PARTNERSHJP
This subdivision is for .3fi single-family dwelling urtits with an overall density of ;1 dwelling units
per acre. The DEVELOPER shall:
l.
Construct a non-combustible fence along Nine Mile. Creek outside existing Nampa-
Meridian Irrigation District easement prior to obtaining building permits; Nine Mile
Creek shall meet the Ada County pathway design.
2.
Provide permanent perimeter fencing priòr to obtaining building permits.
3.
Tile all other ditches, canals and waterways, including those that are property boundaries
or only partially located on the property.
4.
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.
5.
Construct curbs, gutters, sidewalks and streets to and within the property.
Dedicate the necessary land from the centerlines of Overland Road and South Locust
Grove Roads for public right-of-way, including necessary bike lanes.
7.
Pay any development, impact or transfer fee adopted by the CITY.
8.
Meet the requirements and conditions of the Findings of Fact and Conclusions of Law and
meet the Ordinances of the CITY.
9.
Construct berms and provide landscaping within 20-foot-wide planting strips per Ordinance
Section 11-9-695.G adjacent to S. Locust Grove Road and Overland Road to be maintained
by the homeowners association, with no encroachment of fencing (Lot 1, Block 17, Lot
28, Block 2, Lot 7s 7,49 and $6, Block 2.
10.
Construct and install pressurized irrigation to all lots within this subdivision prior to
obtaining building permits.
EXHffilT "B" Rev. 5/21/96
SPORTSMAN POINTE NO.5 SUBDIVISION DEVELOPMENT AGREEMENT Page I of 2
. ',- .
11.
Provide pedestrian walkways in accordance with Meridian City Ordinance 11-9-605 C (Lot
32, Block2).
12.
Preserve existing natural features per Ordinance 11-9-6O5.H.2 and provide lineal open
space corridors per Ordinance 11-9-605.K (Lot 47, Block 2, along Nine Mile Creek).
9 6 0 If- 7 lC r
ADA CO, RECORDER
J. DAVII) NAVARRO
BitSE ~~
'~Ji~~J
EXHIBIT "B" Rev. 5/21/96
SPORTSMAN POINTE NO.5 SUBDIVISION DEVELOPMENT AGREEMENT Page 2 of 2