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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 .. 5/21/96 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 5/21/96 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 5/21/96 Page 3 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 5/21/96 Page 4 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 5/21/96 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. ".~""- : , """"'1/"" Þ<"""", ~~ ~...- ,c' .:~< FI:;~' '\ ..< ,~"<;---~";'" ~ LCo .' ) :"<::'./. íÀR'¡"'~\ "'¡;:\4C ~.,:.~ f~ : .."" ¡ ~ , ~ ~ t,: .~ \ \t<8m\t.j ./~ j \<~-:~~,";~;'~:~i~~~~/ Notary Public for Idaho Residing at: MJ\I\ rD.... re!. My Commission Expires: ' ¿Ç,-/-oò 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) ",""""""", "'(,1: L. G " """1:-8-1 j'" f~'taO1ARr 11'\ : ,0 C. *: ~*. liB\..' : '\ .. ....Q l .../: ...,-,' "',."i'E Of \~""" """""...""" blic for Idaho esi . gat: 'ì?'1l'r:tI¡iI"'- My Commission Expires: rJ¥()~/99 / 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