Salmon Rapids Sub No. 2
960~53~O
ADA CO. RECORDER
EXHffiIT "B" J. aA'i1D UAVARRO
TO THE DEVELOPMENT AGREEMENT BOISE LD /;)
BY AND BETWEEN THE -1lJ¡.k/ ~Æ
CITY OF MERIDIAN, IDAHoo9.. 6 PiiW- an. 0 .~. / . .... - ¿7.
AND ~ø / 2
F ARWEST DEVELOPERS, Inc FE:~- Dc'
RECORDED hT THE AE EST Of
This subdivision is for.33. single-family dwelling units with an overall density of 3.....U dwelling
units per acre. The DEVELOPER shall:
2.
3.
4.
1.
Construct a non-combustible fence along the Eight Mile Lateral within the Nampa-
Meridian Irrigation District (NMID) easement as provided for in the license agreement
between the Developer and NMID, and submit evidence of approvals from NMID prior
to obtaining building permits.
Tile all other ditches, canals and waterways, including those that are property boundaries
or only partially located ùn 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.
5.
Pay any development, impact or transfer fee adopted by the CITY.
6.
Meet the requirements and conditions of the Findings of Fact and Conclusions of Law and
meet the Ordinances of the CITY.
7.
Construct and install pressurized irrigation to all lots within this subdivision to be owned
and maintained by the homeowners association or NMID.
8.
Provide pedestrian walkways in accordance with Meridian City Ordinance 11-9-605 C.
9.
Provide perimeter fencing prior to obtaining building permits; fencing along Kachina
Estates is to be non-combustiblewith screening slats as represented in public hearings.
10.
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 .
EXIDBIT "B"
SALMON RAPIDS SUBDIVISION NO.2 DEVELOPMENT AGREEMENT
Rev. 5/7/%
Page I of I
DEVELOPMENT AGREEMENT
THIS AGREEMENT, made and entered into this 7~ day of m ~~
, 1996, by and between the CITY OF MERIDIAN, a municipal corpora on of the
State of Idaho, party of the first part, hereinafter called the "CITY", and Farwest Develo.pers,
~, party of the second part, hereinafter called the "DEVELOPER", whose address is 4550 West
State Street, Boise Idaho 83703
WITNESSETH:
WHEREAS, DEVELOPER is the sole owner, in law andJor equity, of a certain tractof
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 rewned, 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 art application for rezone, of that certain property described in Exhibit "A", and requested
wning of ß¿ 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 rezoned, and has submitted to the CITY a Plat thereof
SALMON RAPIDS SUBDIVISION NO.2 DEVELOPMENT AGREEMENT
Rev. 5/7196
Page I
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
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, rewne, 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.
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 four hundred (1ÆJQ)
square feet of floor space, exclusive of garages, and any single-family home within
five hnndred (500) feet of Meridian Greens Subdivision shall have a minimum of
one thousand five hundred (1.500) square feet of floor space, exclusive of garages.
3.
That the property is wned R-4, described in "Exhibit A", and shall have lot sizes
of at least eight thousand (ß.OOQ) square feet, which is the size represented at the
City hearings, and shall meet all of the requirements of the Ed wne and not allow
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,
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 similar signing and barricades, and other such
SALMON RAPIDS SUBDIVISION NO.2 DEVELOPMENT AGREEMENT
Rev. 517196
Page 2
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.
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
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 specificatiQns 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 dupliçate mylar copy of
said Plans. The Subdivision Improvement Plans of the proposed improvements
shall be "corrected" to show the actual constructed location (both horiwntally 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
SALMON RAPIDS SUBDIVISION NO.2 DEVELOPMENT AGREEMENT
Rev. 5/7/%
Page 3
10.
11.
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 irrigatiou 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.
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 rIDding 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 rIDding.
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 not been complied with, that the CITY shall have the right to withhold the
issuance of any Certificates of Occu,parn:y within such annexed area andJor 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
SALMON RAPIDS SUBDNISION NO.2 DEVELOPMENT AGREEMENT
Rev. 5/7/96
Page 4
13.
14.
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 fmal, except that the
rights of the parties are preserved at law and equity .
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 helming, 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 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 fmancing 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
SALMON RAPIDS SUBDIVISION NO.2 DEVELOPMENT AGREEMENT
Rev. 5/7/96
Page 5
15.
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 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
excess capacity andJor 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 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 fQf 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.
16.
That DEVELOPER agrees that no C-ertificates of Occqpancy 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 Occupancy
shall be issued in any phase in which the improvements have not been installed,
completed, and accepted by the CITY.
17.
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-
SALMON RAPIDS SUBDIVISION NO.2 DEVELOPMENT AGREEMENT
Rev. 5171%
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:
Farwest Developers Inc.
Mat1;y Goldsmith
4550 West State Street
Boise ID 83703
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.
SALMON RAPIDS SUBDIVISION NO.2 DEVELOPMENT AGREEMENT
Rev. 5/7/96
Page 7
DATED the date, month and year first appearing.
DEVELOPER:
Farwest DevelQ )efs, Inc
~~ ;~~Id~~"'~
Title: President
:'.~~
Title: Secretary
CITY OF MERIDIAN
&¡Ð~d'
0 D. Come, Mayor
SALMON RAPIDS SUBDIVISION NO.2 DEVELOPMENT AGREEMENT
Rev. 5/7/96
Page 8
STATE OF IDAHO)
ss.
County of Ada
On dJis - day of , 1996, before me, the undersigned, a Notary Public
in and for said State, personally appeared Marty J Goldi'lmith, and Ken Henderson, known, 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
day and year in this certificate first above written.
& !UJ Iß ~llJ1jr.
Notary Public for Idaho
Residing at: ()1j)¡ j (Ji ~ j ð
My Commission Expires: / / - /D-qq
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STATE OF IDAHO)
ss.
County of Ada
On dJis ~.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 behalf of said corporation,
and acknowledged to me that said City of Meridian executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the
day and year in this certificate first above written.
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SALMON RAPIDS SUBDIVISION NO.2 DEVELOPMENT AGREEMENT
Rev. 5/7/96
Page 9
. 'Royíance & Associates P.A.
4619 Emerald. Sulle D-2. Boise. Idaho 63706
Engineers. Surveyors. Landplanners
Telephone (206) 336-7390 Fox (206) 336.7391
August 15, 1995
Project No. 1613P2
Legal Description,
Salmon Rapids Subdivision No.2
10.61 acre tract ofland
A tract ofland situated in the Southeast 1/4 of Section 19, Township 3 North,
Range 1 East, Boise Meridian, Ada County, Idaho, descrubed as follows:
Commencing at a found steel pin monumenting the Southeast Corner of said Section 19,
thence along the easterly line of said Section 19, said line also being the centerline of
South Locust Grove Road, North 00°-44'-49" East a distance of2654.68 feet to a
found 1" square bar monumenting the Northeast Corner of the Southeast 1/4 of said Section 19,
thence leaving said easterly line and along the northerly line of the Southeast 1/4 of said
Section 19, South 89°-47'-50" West a distance of 1316.22 feet to a set iron pipe, said pipe being
the POINT OF BEGINNING.
Thence continuing along said northerly line North 89°-47'-50" East a distance of
232.50 feet to a point on the centerline of Eight Mile Lateral,
Thence leaving said northerly line and along said centerline South 35°-09'-47" East a
distance of248.35 feet to a point,
Thence continuing along said centerline South 37°-41'-29" East a distance of75.91 feet to
a point,
Thence leaving said centerline North 67°-43'-00" East a distance of 41.49 feet to a found
steel pin,
Thence South 37°-41'-29" East a distance of51.40 feet to a found steel pin,
Thence along the arc of a circular curve to the right a distance 004.16 feet, said curve
having a radius of 225.00 feet, a central angle of 03°-36'-16", a chord bearing
South 65°_54'-52" West, and a chord distance of 14.15 feet to a set steel pin,
Thence South 67°-43'-00" West a distance of27.22 feet to a point on said centerline of
Eight Mile Lateral,
Thence along said centerline South 37°-41 '-29" East a distance 0049.93 feet to a point,
Thence continuing along said centerline South 38°-29'-53" East a distance of217.64 feet
to a point,
Thence leaving said centerline South 51°-30'-00' West a distance of203.05 feet to a set
steel pin,
Thence North 38°-30'-13" West a distance of35.84 feet to a set steel pin,
Thence South 51 °-30'-00' West a distance of 124.86 feet to a set steel pin,
c: \wordlc"(t\161J p2\1egal. 508
. .
Legal Description
Salmon Rapids Subdivision No.2
10.61 acre tract ofland
August 15, 1995
Page Two
Thence North 38°-30'-00' West a distance of 160.00 feet to a set steel pin,
Thence South 83°-43'-00" West a distance of91.41 feet to a set steel pin,
Thence South 76°-55'-00" West a distance of 179.42 feet to a set steel pin,
Thence South 89°-42'-00" West a distance of 166.27 feet to a set steel pin,
Thence North 00°-29'-41" East (formerly North 00°-27'-52" East) a distance of
852.93 feet to the POINT OF BEGINNING. .
The above described tract ofland contains 10.61 acres, more or less.
Prepared by:
ROYLANCE AND ASSOCIATES, PA
4619 Emerald, Suite D2
Boise, ID 83706
208-336-7390
208-336-7391 (FAX)
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