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Lakes at Cherry Lane No. 5 9706317lj . - , "EGGf\DCR .c, Ð,A':' 'I, '."""~ .,0,"." f'j """""'a"J ~ 1.)- ,l., DEVEW~ AG~~~~ THIS AGREEMENT, made this ~ day of July , 1997, by and between the City of Meridian, a municipal corporation of the State of Idaho, party of the first part, hereinafter called the "City," and Steiner Development, LLC., an Idaho limited liability company, party of the second part, hereinafter called the "Developer," whose address is P.O. Box 190472, Boise, Idaho 83719. 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 (11-2-417 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-4 for a portion of that property and R-8 for the balance of that property and has submitted a subdivision preliminary plat for said property which has been recommended for approval by the Meridian Planning and Zoning Commission and approved by the Meridian City Council; and WHEREAS, the Developer owns or has an option to purchase approximately 40 acres and is developing it in phases as an R-4, R-S, and two R-15 subdivisions; this Agreement applies only to the R-4 and R-8 subdivisions; an additional development agreement will have to be entered into for the land zoned R-15; and WHEREAS, the Meridian City Council has approved a final subdivision plat for said property; and WHEREAS, the Developer has made some representations at the public hearings before the Meridian Planning and Zoning Commission and Meridian City Council as to how the land would be developed and what improvements would be made; and THE LAKE AT CHERRY LANE NO.5 DEVELOPMENT AGREEMENT, Page 1 rn/23/97-Jkr WHERÈAS, 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 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 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: 1. 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 located in the property zoned R-4 shall have at least 1,400 square feet of floor space, exclusive of garages, and that all such single family houses constructed on property zoned R-8 shall have at least 1,301 square feet of floor space, exclusive of garages. 3. That the property zoned R-4, described in Exhibit A, shall have lot sizes of at least 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 have no duplex units, townhouses, condominiums, or patio homes constructed on said property. 4. That the property zoned R-8, described in Exhibit A, shall have lot sizes of at least 6,500 square feet, which is the size represented at the City hearings, and shall meet all of the requirements of the R-8 zone and have no duplex units, townhouses, condominiums, or patio homes constructed on said property. 5. That there shall be no change to increase the number of lots or reduce the size of lots as shown in the final plat as approved by the City, which plat is incorporated herein as if set forth in full herein. 6. 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 THE LAKE AT CHERRY LANE NO.5 DEVELOPMENT AGREEMENT, Page 2 rnl23l97-jkr and barricades, and óther 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 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. 7. That Developer will, at its own expense, construct and install all improvements including, but not limited to, all 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, television lines, sidewalks, cross drains, street, street surfacing, street signs, street lights, and barricades as well as any and all other improvements shown on the Subdivision Improvement Plans. 8. 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 specifications are more restrictive and onerous at the time of construction than at the time of execution of this Agreement. 9. 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 it 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. .' 10. 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 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. 11. 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. 12. 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, Developer will thereupon, within a reasonable time, construct said needed improvements or, if it does not so construct within a reasonable time after written notification of such Council action, and the City thereafter determines to construct, and THE LAKE AT CHERRY LANE NO.5 DEVELOPMENT AGREEMENT, Page 3 rnl23/97-jkr ',. 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 set forth in this paragraph except at a regular or special meeting of the City Council and unless 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. 13. That Developer agrees that upon its 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. 14. Developer agrees that, in the event any of the improvements required herein are not timely installed, the City may, at its sole discretion, 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. 15. That Developer agrees that the City may also require surety bonds, irrevocable letters of credit, cash deposit, certified checks or negotiable bonds, as allowed under 11-9-906 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. 16. That Developer agrees that no Certificates of Occupancy 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. 18. That Developer agrees that any notice required by this Agreement shall be given at the following address: THE LAKE AT CHERRY LANE NO.5 DEVELOPMENT AGREEMENT, Page 4 rn/23/97-jkr "', CITY OF MERIDIAN City Engineer City of Meridian 33 East Idaho Meridian, ID 83642 DEVELOPER Steiner Development, LLC. P.O. Box 190472 Boise, ID 83719 - Louis Steiner, Managing Member 19. That Developer agrees to pay all recording fees necessary to record this Agreement with the Ada County Recorder's office. 20. 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 and assigns. 21. This Agreement shall become valid and binding only upon its approval by the City Council and execution by the Mayor and City Clerk. 22. 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 its 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. DATED the date, month and year first appearing. DEVELOPER: STEINER DEVELOPMENT, LLC. ~. -~.~~ B ~ -) Louis Steiner, Managing Member By STATE OF CALIFORNIA) County of Merced ss. ) THE LAKE AT CHERRY LANE NO.5 DEVELOPMENT AGREEMENT, Page 5 rnl23/97-jkr IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ~::~d .~~:O~~~ ¡: OTARY PUBLIC CAlIFDAN'.ø MERCEDCDUNTY () Comm"","" "'""20, 19"~ STATE OF IDAHO) ss. County of Ada ) On this )g#l day of <; )t.(¡~1 , 1997, before me, the undersigned, a Notary Public in and for said State, person lyappeared 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. ,""""""'L ff ""~"\ C, E. -~. G ~;;-" ;::'~ <.1'~ f'> ~o1AI?¡, \ : ..: ~* ...oÚ8\.\c, j -:. 'I., ;:: "" or)' ~ ~t).... ",,:fJ'E Of ,~":..,, "II,.....",.,,' THE LAKE AT CHERRY LANE NO.5 DEVELOPMENT AGREEMENT, Page 6 rn/23/97-jkr ~ (- EXHIBIT A 290 North Maple Grove Road Boise. ill ä3704 (208) 378-6380 Fax (208) 378-0025 PROJECT: 549024 DATE: August I. 1996 DESCRIPTION FOR THE LAKE AT CHERRY LANE NO.5 STEINER PROPERTY A PORTION OF THE SOUTIŒAST QUARTER OF THE NORTHEAST QUARTER , SECTION3 ' , T.3N..R.IW.,B.M. ' "MERIDIAN, ADA COUNTY, IDAHO' , , ' , , , ' , ,A,parcel oflànd being a portion of the Southeast Quarierofth~ Northeast Quart~r; Section 3,T.3N., R.IW" B.M., Meridian, Ada CoUÍlty, Idaho and more particularly described as foUows: ' , " " , Begi~g at a Brass cap marking the Southeast comer of the Southeast Quarter ~ the North~ ' , ' QUarter of Section 3" T~3N.;R.l W., B.M., Meridian, Àda CowlIy,Idallo, said pin beÜÍg'the.REAL POINT OnEG~G;' '" , ' , -,,"'," "',' " " , '. "',' ilience al~~g h.~ S~utherly ~unàa1)' of the said S~utheast Quarter oftlÌ~ NortheåstQuàrteiofSectiòn: '3. änd ,the Northerly boundaÌy of Cherty Lime Village No.5 Subdivision as filed for reéord in the office of , the Ada County Recorder, Boise.,Idaho, in Book 69 of Plats at Pages 7033åni! 7034,N"orth 88°55,'29" ',' ',',' WeSt 45.00 feef toanironpin,', , ',"I; "',", ' " " " .. " , " , ,:"'.', , '," ..", " :~nceNoriií"88~55'29" WesdÖ~OOfeet,'tòàiiiron pin; , 'th,ence N°ith Öô024 '34 ",Ea,St42~.6lfeeit? ~ iron Þin~n:ga point ofnoiHa~gerit cilive; , , ' '," ", '", , . ' ',' '.. , , Ìhence aJong'acúrve'to the' ñg~t 25.37fee~ said curVe havìng a central angle of26°54'49".a radius,of , 54.00,fee~tangentS of 12..92 feet, and along chord of25,f3 feet bearing North 69°29'24" West to an iròn ' ,pin marking a point of reverse c'W'\Ie; , , ' , " ' ' thence along acurv~ to th~ ¡eft 31.63 feet,.sàid cuive having a ~tÍtral ~gle 003°33'26". a ~diU:S of' 54.00 fee~'tangents of 16.28 fee~ ànd a long chord oOLl8 feet bearing North 72°48'33" West to aI! iron pinmarkingapoint~ftangei1l; , ' , "", ' thence North 89°35'26" West 169.55 feet to an iron pin marking a point of curve; thence along a curve to the left 31.42 fee~ said curve having a central angle of 90°00'00", aràdius of 20,00 fee~ tangents of 20.00 fee~ and a long chord of 28.28 feet bearing South 45°24'34" West to an iron pin marking a point of tangent; thence So~th 88°28'06" West 80.05 feet to an iron pin marking a point of curve; " thence along a curve to the left 32.94 fee~ said curve having a central angle of94°2I'10"; a radius 'of 20.00 fee~ tangents of 21.58 fee~ and a long chord of 29 .34 feet bearing North 46°46'0 I" West to an iron pin marking a point of compoun~ curve; . , Pacific Land SurvBYOrs, a division o(POWER Engineers: Inc.. an Idahi; Corporåti~n '. thence along a curve to the left 143.76 feet, said curve having a central angle of 08°34'48", a radius of 960.00 feet, tangents of 72.02 feet, and a long chord of 143.63 feet bearing South 81 °46'00" West to an iron pin marking a point of tangent; , . " . thence South 77°28 '36" West 92.50 feet to an iron pin marking a point of curve; thènce along a curve to the right 156.57 feet, said curve having a central angle of 08°37'32", a radius of 1040.00 feet, tangents of78.43 feet, and a long chord of 156.42 feet bearing South 81 °47'22" WeSt to an~~ " thence South 00°26'04" West 532.24 feet to an iron pin marking a point on the said Southerly boundary of the said Southeast Quarter ,of the Northeast Quarter of Section 3, and_the Northerly botindary of Cheny Lane ViHage No.5 Subdivision; , , . , . , , . " , . thence along,the said Southerly and Northedy boundáries;.North 88°55'29" West 525.03 feet to a 2" , galvanized iron pipe marking the Southwest comer of thi: Southeast Quarter of the Northeast Quàrter and ' the initial point ofThi: Lake'At Cherry Lane No.3 Subdivision as filed for recórd..in theOflice ofthè Ada , : County Recorder,Boise, Idaho, in Book 70 ofPlatnt pages 7167, and 7168, , . . ' , ' , . . - " . the~e' iea~ngSo1id SoútherlyandNortherlyooundarles 8ncÚÌongtheWesterlyboundary of Sàid Southeast Quàrterof the Northeast Quarter of Section 3 and along the EasterlyboÜndary of said ]"he Lake At CherryLane No.3Subdivisiòn, North 0"26'04" East 1323.40 feeftoan ironpinIjIarking the:: ,,-,' Northwest. comer of the Southc:ast.Quàrter oithe NortheastQuàrter of said ,Section 3 ;,' ., .~~ ieaving said WeSterlyandE~~rlÝ ~riridan~ and àJo.u'g~ - Northérl;'~òuri~ of ~d Sóuthe3st ~ ofthe'No~9uarterofSectiòn3,South g9~0~'00",East781:0~ f~ttò an irÓnpiu; , ," -.' uie~œÙa~g SaidN';rth~~1;6çundary; South 00026'04"West661.29ièet~~~ôI\Pinmarkingà ,.JIOin!ofno~"'!Dg~nt~e;",'.;':,:;,'; . ,.',' ',<, ." '," . ". '. . .'.'., -, '.' " " --, ..-. -,' .. '., '. ".' ".' , "!heuCe aloñg a curve to the right 134;88 feet,' said me håVÚlg a central ång¡è.of7°25'51"; a'radius,of.- '. : 104Q.OO feet; tangentsof67.54 feet, and a long Chord of134.79 feefbeariI1gN,orth 82°50'06"East to an ' .' iron pmllÍarkingapomt òf reverse curv~; . '.' ":" '; - ,"; ,th~nce~ongacurve to the left 30.07reet,' sàid curve haVÎ11g a ce~tralimgle of 86°08'27", à radius of . 20,OOfeet, tangents of 18.70 feet, and-a long chord of 27.32 feet beaIjugNorth 43°28'48" East tOan,iron pin marking apomtoftangeut; . '. - , . , then~ North88°41'19" East'80,04 feet to an iron piu marIdug apoint'ofnon-tarigent c~e; thence along'a curve to the left 31.42feet, said curve having a central angJeof 90'°00'00", a radius of 20.00 feet, tangents of 20.00 feet, imd a long chord of28.28 feet beariug South 44°35'26"East to an iron pin marking a poiut'oftangent; , thence South 89°35'26" East 169_55 feet to an iron pin marking a pomt of curve; thence along a curve to the left 31.63 feet, said curve haviug a central angle of33°33'26", a radius of 54.00 feet, tangents of 16.28 feet, and a long chord of31.l8feet bearing North 73°37'51" East to an iron pm marking a point of reverse curve; , , -, , thence along a curve to the right 25,37 feel, said curve having a ceutral angle of26°54'49". a radius of 54.00 feel, tangents of 12.92 feel, and a long chord of25.13 feet beariI1g North 70°18'32" East to an iron , pm; , . ~ . :'. . thence North 00.24'34" East 618.91 feet to an iron pin; thence South 89.02'00" East 65,00 feet to a found 5/8" iron pin marking the'Northeast corner of the said Southeast Quarter of the Northeast Quarter, Section 3, said pin also marking the centerline of North Ten Mile road; thence along the Easterly boundaJy of the said Southeast Quarter of the Northeast Quarter, Section 3, and the centerline of North Ten Mile road, South 00.24'34" WeSt 1325.91 feet to the point of beginning, comprising of 23.36 acres more or less; . SUBJECf TO: . All existing easements and road rights-of'wayof record or appearing on the above-descn"bed parcel of Jand, '. '.. T,,' EXHIBIT B TO THE DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF MERIDIAN, IDAHO AND STEINER DEVELOPMENT, INC, This subdivision is for 74 single family dwelling units with an overall density of 3.22 dwelling units per acre, The Developer shall: 1. Tile all ditches, canals and waterways, including those that are property boundaries or only partially located on the property and submit approvals and/or executed license agreements from appropriate irrigation district/downstream water users. 2. Extend and construct water and sewer line extensions to serve the property and connect to Meridian water and sewer lines and extend and construct sewer and water lines through to furthermost boundaries of each phase, as approved by the Meridian City Engineer. 3. Construct streets to and within the property in accordance with Ada County Highway District and City of Meridian standards. 4. Dedicate the necessary land from the centerline of Ten Mile Road (45') for public right-of-way, including any necessary bike lanes, to meet Ada County Highway District and City of Meridian standards. 5. Pay any development, impact or transfer fee adopted by the City. 6. Meet all requirements and conditions of City Staff and other agencies including those outlined in the Findings of Fact and Conclusions of Law and the Ordinances of the City, 7. Provide and construct twenty foot (20') wide landscaped strips along Ten Mile Road prior to obtaining Certificates of Occupancy; provide for maintenance of said bèrms and landscaping by the Homeowners Association. Fencing is not to encroach on this 20' planting strip, 8. Provide pressurized irrigation to all lots within this subdivision prior to obtaining building permits along with evidence to the City of approvals from Nampa and Meridian Irrigation District. 9. Provide a twenty foot (20') wide gravel access road over the sewer line located along a portion of the northerly boundary of the Subdivision as depicted on the final plat in accordance with the requirements of the City Engineer, 10, Dedicate a 148' by 170' flIe station site to the City of Meridian as depicted on the final plat of the subdivision. 11. Enter into such additional development agreements as may be required by the City for future phases of The Lake at Cherry Lane Subdivision. 12. Install temporary fencing to contain construction debris prior to obtaining building permits as required by the City.