Kentfield Manor Subdivision
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DEVELOPMENT AGREEMENT ;-c,~'~r:-::-" 'i":"~Y . .
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THIS AGREEMENT, made and entered into this --'JtL-:_- day ofq~Wi¡Je1'j¡111 35
1994, by and between the CITY OF MERIDIAN, a municipal corporation of th~ 'Štate of Idaho,
party of the first part, hereinafter called the "CITY", and Merit Homes Inc. f party-Df1he.second-----------
part, hereinafter called the "DEVELOPER", whose address is 10451 G~té'G1Uri-;Sriite:::ST Of
205 Boise Idaho 83704
WITNESSETH:
WHEREAS, DEVELOPER is the sole owner, in law and/or equity, of a certain tract of
land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto
and by this reference incorporated herein as if set forth in full; and
WHEREAS, the State of Idaho legislature, in 1991, passed Idaho Code, 67-6511A,
Development Agreements, which provides that cities may enter into development agreements
with developers upon rezoning of land; and
WHEREAS, the CITY has passed two development agreement ordinances, one when land
is rezoned, 11-2-416 L, and one when land is annexed, which is when it is also rezoned,
11-2-4l7 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-4 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 IJ"d would be developed and what
improvements would be made; and
-~
WHEREAS, the CITY has authority to place condition;!Ûld restrictions upon annexation
or rezoning o'!y~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 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
KENTFIELD MANOR SUBDIVISION DEVELOPMENT AGREEMENT
Page I
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:
2.
3.
l.
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 I 400 square feet of floor space,
exclusive of garages.
That the property zoned R-4, described in "Exhibit A", shall have lot sizes of at
least eight thousand (~) square feet, which is the size represented at the City
hearings, and shall meet all of the requirements of the R-4 zone and have no
duplex units, townhouses, or patio homes constructed on said property.
4.
That there shall be no change to increase the number of lots or reduce the size of
lots as shown in the preliminary plat submitted with the request for annexation,
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, sewer, water, drainage, street and other similar
signing and barricades, and other such improvements contemplated within the
subdivision, which Plans and all improvements shown thereon shall meet the
approval of the City Engineer. Said Subdivision Improvement Plans are
incorporated herein and made a part hereof by reference.
6.
That DEVELOPER will, at his or their own expense, construct and install all
sanitary sewers, storm drains, water mains and appurtenances, fire hydrants, curbs
and gutters, 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,
KENTFIELD MANOR SUBDIVISION DEVELOPMENT AGREEMENT
Page 2
8.
9.
and the City Standard Engineering Drawings and Standard Engineering
Specifications current and in effect at the time the construction of said
improvements is accomplished, or as otherwise agreed between the DEVELOPER
and the CITY if the standards and specifications are more restrictive and onerous
at the time of construction than at the time of execution of this Agreement.
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.
That DEVELOPER will have "corrected" original drawings of the Subdivision
Improvement Plans of all said improvements prepared by a Registered
Professional Engineer and will provide the CITY with said Plans or a duplicate
mylar copy of said Plans. The Subdivision Improvement Plans of the proposed
improvements shall be "corrected" to show the actual constructed location (both
horizontally and vertically) of the various water and sewer lines, all utility lines
and their individual building service lines, the curb and gutter alignment and
grades, etc. The "corrected" Subdivision Improvement Plans shall include a
"Certification" thereon, signed by the Registered Professional Engineer in charge
of the work, that said Plans of the various improvements are true and correct and
that he (the Registered Professional Engineer) has inspected the construction of
the various improvements (water lines, sanitary sewer lines, gas lines, electricity
lines, storm drain lines, curb and gutter, street paving, etc.) and that the materials
for and the installation of the same were all done in conformance with the
applicable City Standard Engineering Drawings and Standard Engineering
Specifications governing the construction of these facilities.
10.
That DEVELOPER will, immediately upon the completion of any such
constructed portion, portions, or the entirety of said development, notify the City
Engineer and request his inspection and written acceptance of such completed
improvements.
11.
That DEVELOPER agrees, that upon a fmding 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. Provided, however, the City Council shall not make the finding
KENTFIELD MANOR SUBDIVISION DEVELOPMENT AGREEMENT
Page 3
12.
set forth in this paragraph except at a regular or special meeting of the City
Council and unless the DEVELOPER has been notified in writing of the time and
place of such meeting at least three (3) days prior thereto and has been given an
opportunity to be present in person or by counsel, and to be heard on the merits
of the proposed finding.
That DEVELOPER agrees that upon his, its, or their having received written
notification 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 Occupancy within such annexed area and/or shall
have the right to withhold the providing of culinary water service to any part,
parcel, or portion of such annexed area until such time as all requirements
specified herein have been complied with; provided, however, the DEVELOPER
shall have the right to appear before the City Council at any regular meeting after
any Certificate of Occupancy or any water service shall have been withheld for
reasons set forth in this paragraph, and shall have the right to be heard as to why
such Certificate of Occupancy should be issued or water service allowed. The
Council shall then decide whether said Certificate of Occupancy shall be issued
or water service to said property allowed, and its decision shall be final, except
that the rights of the parties are preserved at law and equity.
13.
DEVELOPER agrees that, in the event any of the improvements required herein
are not timely installed, the CITY may, at its sole option, install the
improvements and declare the entire cost of said improvements to be immediately
due and payable and may seek to collect such sums in the manner provided by
law, or may pursue any other remedy set forth herein or as may be available in
law or equity. In the event of such declaration, all sums due shall bear interest
at the prime interest rate of First Security Bank of Idaho, plus five percent (5 %)
per annum, until paid.
14.
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, landscaping and berrning, 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
KENTFIELD MANOR SUBDIVISION DEVELOPMENT AGREEMENT
Page 4
15.
16.
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 fmancing 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 improvements, and the DEVELOPER agrees to provide such,
if required by the CITY.
That DEVELOPER agrees that no Certificates of Occ'Wancy 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.
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.
17.
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:
Merit Homes
10457 w~ Garverdale Suite 205
Boise ID 83704
18.
That DEVELOPER agrees to pay all recording fees necessary to record this
Agreement with the Ada County Recorder's office.
19.
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.
20.
This Agreement shall become valid and binding only upon its approval by the City
Council and execution of the Mayor and City Clerk.
21.
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
KENTFIELD MANOR SUBDIVISION DEVELOPMENT AGREEMENT
Page 5
and Conclusions of Law, this Development Agreement, and the Ordinances of the
CITY of Meridian.
DATED the date, month and year first appearing.
DEVELOPER:
MERIT HOMES Inc.
CITY OF MERIDIAN
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ran . Kingsford, Ma or
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KENTFIELD MANOR SUBDIVISION DEVELOPMENT AGREEMENT
Page 6
. .- . .
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
No. 5907
NAME, TITLE OF OFFICER - E.G., "JA
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NAMEIS) 0 SIGNERIS}
D personally known to me - OR - IZJ proved to me on the basis of satisfactory evidence
to be the person(ß) whose name(~ is/Me
subscribed to the within instrument and ac-
knowledged to me that he/sflef#!ey executed
the same in his/~ir authorized
capacity(iee-), and that by his/~
signature(5I'j on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
State of C J.. U -Fcr<o.J \ f>....
County of e.t "'¡~'l5:.1 ';>G-
On OL~- 10"7> I l'l<1.,6before me,
DATE ~
personally appeared L. 1').
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JASON HUNGER<ORO ~
NorARY PUBUC-CAUFORNIA -
COUNTY OF AlAMEOÞ. C
NO 967321 .
My eo..... Expire. Febru8r¡ 26. 1998 ,
,NOTARY PUBUC"
WITNESS my hand and official seal.
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OPTIONAL
Though the data below is not required by law, it may prove valuable to persons reiying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER
D INDIVIDUAL
D CORPORATE OFFICER
TITLEIS)
D PARTNER(S)
D LIMITED
D GENERAL
D ATTORNEY-iN-FACT
D TRUSTEE(S)
D GUARDIAN/CONSERVATOR
D OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSONIS) OR ENTITYIIES)
DESCRIPTIDN DF ATTACHED DOCUMENT
~E.\!Ð-D€'l-\~ ~Û¡[/,)j?F'
TITLE OR TYPE OF OèUMENT
ì
NUMBER OF PAGES
DATE OF DOCUMENT
SIGNER(S) OTHER THAN NAMED ABOVE
@1993NATIONALNOTARY ASSOCIATION' 8236 Remmel Ave.. P.O. Box 7184' Canoga Park. CA 91309-7184
STATE OF IDAHO)
ss.
County of Ada
On this 1L day of oC31.-i')œ;\. 1994, before me, the undersigned, a Notary Public
in and for said State, personally appeared L. D. Coff~ and Ken Coffey, 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 year in this certificate first above written.
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STATE OF IDAHO)
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County of Ada
On this ~ day of Ock,ber , 1994, before me, the undersigned, a Notary Public
in and for said State, personally appeared GRANT P. KINGSFORD and WILLIAM G. BERG,
JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian that
executed this instrument and the persons who executed the said instrument on behalf of said
corporation, and acknowledged to me that said City of Meridian executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the
day and year in this certificate fIrSt above written.
(SEAL)
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KENTFIELD MANOR SUBDIVISION DEVELOPMENT AGREEMENT
Page 7
9550 Bethel Court. Boise, Idaho 83709
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208/322-8992 . Fax 208/378-0329
HUBBLE ENGINEERING. INC.
Project No. 93047
September 7. 1993
DESCRIPTION OF
KENTFIElD MANOR, A SUBDIVISION,
FOR REGENCY HOMES, INC.,
lOCATED IN THE W1/2 W1/2, SECTION 2,
T.3N., R.1W., B.M.,
MERIDIAN, ADA COUNTY, IDAHO
A parcel of land located in the NW 1/4 of the SW 1/4, and the SW 1/4 of the NW
1/4 of Section 2. T.3N., R.1W., B.M., Meridian, Ada County, Idaho, more particularly
described as follows:
COMMENCING at the brass cap marking the one-quarter corner common to
Sections 2 and 3, T.3N., R.1W., B.M., form which the Southwest corner of said Section
2 bears South 00°19'07" West, 2642.98 feet, also said point being the REAL POINT OF
BEGINNING (INITIAL POINT);
thence along the following courses and distances to iron pins:
North 00°24'20" East along the section line, which is also the centerline of North
Ten Mile Road, 42.77 feet to a point 36 rods North of the Northwest corner of the South
23.5 acres of the said NW1/4 of the SW1/4 of Section 2;
thence South 89°05'34" East along a line parallel to the North boundary of the said
South 23.5 acres of NW1/4 of the SW1/4, 1325.10 feet to a point on the East boundary
ofthe said SW1/4 of the NW1/4 of Section 2;
thence South 00°19'59" West along said East boundary of the SW1/4 of the NW1/4
of Section 2, 40.09 feet to the CoW 1/16 corner of the said Section 2;
thence South 00°17'15" West along the East boundary of the said NW1/4 of the
SW1/4 of Section 2, 553.95 feet to the Northeast corner of said South 23.5 acres of the
NW1/4 of the SW1/4 of Section 2;
thence North 89°05'34" West, 1325.46 feet to the Northwest corner of said South
23.5 acres of the NW1/4 of the SW1/4 of Section 2;
Kentfield Manor
Page 1 of 2
..
Project No. 93047
September 7, 1993
thence North 00°19'07" East, 551.26 feet along the Easterly boundary of the said
SW1/4 of Section 2 to the Point of Beginning, containing 18.07 acres, more or less.
Prepared By:
HUBBLE ENGINEERING, INC.
D. Terry Peugh, loS.
R DC/DTP /G LR/bh/659. des
Kentfield Manor
Page 2 of 2
Provide a twenty-foot (20') landscaped berm along Ten Mile Road to be maintained by
the Homeowners Association. This landscaped berm shall' be beyond the easement
needed for public right-of-way and be served by an underground sprinkler system to
ensure healthy, vigorous plantings. I
i
Pay any development fee or transfer fee adopted! by the CITY. This fee, when
implemented, will be levied when building permits are issued.
i
EXHIBIT "B" ¡
KENTFIELD MANOR SUBDMSION DEVELOPMENT AGREEMENT
. ,0
EXHIBIT "B"
TO THE DEVELOPMENT AGREEMENT
BY AND BETWEEN THE
CITY OF MERIDIAN, IDAHO
AND
MERIT HOMES. Inc
This subdivision is for 58 single-family dwelling units with an overall density of U dwelling
units per acre. The DEVELOPER shall:
1.
Fence the Nine Mile Stub Drain with non-combustible fencing, outside of the Nampa-
Meridian Irrigation District easement, along the eastern boundary of this property. Tile
all other ditches, canals and waterways, including those that are property boundaries or
only partially located on the property.
2.
Extend and construct water and sewer line extensions to serve the property and connect
to Meridian water and sewer lines.
3.
Construct streets to and within the property.
4.
Dedicate the necessary land from the centerlines of Ten Mile Road and the new Chateau
Drive to provide for public right-of-way. This width shall be adequate to accommodate
future pr~jected roadway widths which include a bicycle lane.
5.
Pay a fire station development fee, as negotiated with the City, from monies recouped
from Ada County Highway District for the building of Chateau Drive, a collector street.
The amount given to the City will be $265 per lot or the entire amount received from
ACHD, whichever is less, and is payable in full (58 lots @ $265/10t = $15,370) upon
the DEVELOPER receiving and/or being credited for those monies. In the event impact
fees enacted by the CITY are greater than $265 for fire station fees, the DEVELOPER
will pay the difference at the time of obtaining a building permit. If impact fees enacted
by the CITY are less than $265, the DEVELOPER will be credited the difference.
6.
Meet the requirements and conditions of the Findings of Fact and Conclusions of Law
and meet the Ordinances of the CITY. '
7.
8.
Page 1 of 1