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Lakes at Cherry Lane No. 6 , . , , , " 9710~31G AMERICAN LAND TITLE CO. i&~ C';. ¡::,cCOí~DER j. Di,,'\Q tIAVAr:P,O BOiSE ID DEVELOPMENT AGREEMENT '::, D.E.C.._.}Z C.~~~. 1 lilt ,tE~--- - RECaCCè:,; THE ""QUEST F THIS AGREEMENT, made this 11th day of November, 1997, by and between the City of Meridian, a municipal corporation of the State of Idaho, hereinafter called the "City," Steiner Development, L.L.C., an Idaho limited liability company, hereinafter called the "Developer, "whose address is 2485 North Ten Mile, Meridian, Idaho 83642. WITNESSETH: WHEREAS, Developer has an option right to acquire 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-15 for 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 has submitted an application for a conditional use permit for a planned unit development for the property described in Exhibit A, which conditional use permit has been recommended for approval by the Meridian Planning and Zoning Commission and approved by the City of Meridian City Council pursuant to Findings of Fact and Conclusions of Law adopted on February 18, 1997; 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-8, and two R-15 subdivisions; a previous development agreement has been entered into for the land zoned R-4 and R-8; another development agreement has been entered into for one of the R-15 subdivisions; and this Agreement applies to the other of the R-15 subdivisions; and THE LAKE AT CHERRY LANE NO.6 DEVELOPMENT AGREEMENT, Page 1 IO/23/97-jkr " " WHEREAS, the Meridian City Council has been requested to approve 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 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 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 residential dwellings as permitted pursuant to the above referenced conditional use permit and that all such dwellings shall have at least 1,400 square feet of floor space, exclusive of garages. 3. That the property described in Exhibit A shall have lot sizes of at least 8,000 square feet in the R-4 zoned area and 2400 square feet in the R-l5 zoned area, and shall meet all of the requirements of the R-4 or R-l5 zone, as the case may be, except as otherwise provided in the above referenced conditional use permit Findings of Fact and Conclusions of Law adopted by the Meridian City Council. 4. 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. THE LAKE AT CHERRY LANE NO.6 DEVELOPMENT AGREEMENT, Page 2 1O123/97-J'" ", -. 5. That Developer will, before annexation, or de-annexation, file or cause to be ftled 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 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 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. 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 specifications are more restrictive and onerous at the time of construction than at the time of execution of this Agreement. 8. That Developer will provide the City Engineer with at least fifteen (l5) 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. 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 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. lO. 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. ll. 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 THE LAKE AT CHERRY LANE NO.6 DEVELOPMENT AGREEMENT, Page 3 10/23/97-j<r , , 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 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. l2. 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. 13. 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. 14. 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 ll-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. 15. 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. THE LAKE AT CHERRY LANE NO.6 DEVELOPMENT AGREEMENT, Page 4 1O123197-j<r , . 16. 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: Steiner Development, L.L.C. 2485 North Ten Mile Meridian, ID 83642 Louis Steiner, Managing Member 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 and assigns. 20. This Agreement shall become valid and binding only upon its approval by the City Council and execution by 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 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 above appearing. STEINER DEVELOPMENT, L.L.C. By~r~~ Louis Steiner, Managing Member STATE OF CALIFORNIA) ss. County of Merced ) On this 11th day of November , 1997, before me, the undersigned Notary Public in and for said State, personally appeared LouislSteiner, known or identified to me to be the Managing Member of Steiner Development, L.L.C., the limited liability company that THE LAKE AT CHERRY LANE NO.6 DEVELOPMENT AGREEMENT, Page 5 1O/23/97-jkI ';', ", '. executed the within instrument, or the person who executed the instrument in behalf of said company, and acknowledged to me that such company 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, By By STATE OF IDAHO) ss. County of Ada On this ~ day of 'J)ec.e""beí , 1997, before me, the undersigned, a Notary Public in and for said State, personally appeared 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. "" " ""'" ",",CE l. "'" .lr::~ .......... Q-1"" ~..., "". ú'-:¡' E ~OTAI? '1¡,ú'; : ;.: -: :"* ,() .: ~ . ÚBl'C J~:'g -:. ..r~ ." ~ ---- :;;, ..-""" ~t:J ,,~ "" ~f O~ \'ì)~ ", "",....f"...."" THE LAKE AT CHERRY LANE NO.6 DEVELOPMENT AGREEMENT, Page 6 1O123/97-j<' \.~ ':. '. EXHIBIT A REAL PROPERTY LEGAL DESCRIPTION Lot 7, Block 10, The Lake at Cherry Lane No.5 Subdivision according to the official plat thereof recorded in Book 75 of Plats at pages 7700 and 7701, as Instrument No. 97675297 on September l5, 1997, records of Ada County, Idaho. \.~ "', ~ EXHIBIT B TO THE DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF MERIDIAN, IDAHO AND STEINER DEVELOPMENT, L.L.C. This subdivision is for 52 single family residential dwelling units with an overall density of 5.6 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, except as otherwise permitted in the Findings of Fact and Conclusions of Law adopted by the Meridian City Council on April 2, 1996, in connection with the conditional use permit for the planned unit development, which said requirements provide for private streets consisting of 42 feet of right-of-way with a five foot sidewalk on one side. Parking shall be permitted on one side of the street only. 4. Dedicate the necessary land, if any, for public right-of-way 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. The clubhouse, as presented and represented to be constructed on Lot 49, Block lO, in the Subdivision, together with all related improvements must be constructed prior to obtaining the certificate of occupancy for the first house in the Subdivision. 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 street frontage in accordance with the requirements of the ordinances of the City except that flag lots shall have no less than twenty-five feet (25') of frontage. 10. Provide front setbacks of a minimum of fifteen feet (15'), street side yard setbacks of a minimum of fifteen feet (l5'), except on Lots 10 and 43, Block 10, which may be ten EXHIBIT B, Page I ". "c feet (10'), rear yard set backs of a minimum of fifteen feet (15') and side yard setbacks of a minimum of five feet (5') per story. 11. Provide a gated entry into the Subdivision. 12, 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, EXHIBIT B, Page 2