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.