Lakes at Cherry Lane No. 7
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AM!:PIICAN LAND TITlE CO.
9710Y317
DEVELOPMENT AGREEMENT tDA CO, "ECORDER
j, DAVID r!;\VARRO
BO¡SE 10
THIS AGREEMENT, made this ...1L day of November, 1997, by and between
the City of Meridian, a municipal corporation of the State of W1\bP ~ífrl!ipaft¡;rr¡¡~1 ,the
"City," Steiner Development, L.L.C., an Idaho limited liability comjlán9, heMnatteflcàl Th,
"Developer," whose address is 2485 North Ten Mile, Meridian, ICWJp 83642J!ltf.~
REC)",'éf¡ ,'., T',¿ íi_QUES OF
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; this Agreement applies
to one of the R-15 subdivisions; a previous development agreement has been entered into for the
land zoned R-4 and R-8; and
WHEREAS, the Meridian City Council has been requested to approve a final subdivision
plat for said property; and
THE LAKE AT CHERRY LANE NO.7 DEVELOPMENT AGREEMENT, Page 1 IOI23/97-jIIT
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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:
I. 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 duplex, triplex artd fourplex residential dwellings as
permitted pursuant to the above referenced conditional use permit and that all such dwellings
shall have at least 1,100 square feet of floor space, exclusive of garages.
3. That the property described in Exhibit A shall have lot sizes of at least 3,200 square
feet, except as otherwise approved on the final plat of the subdivision, and shall meet all of the
requirements of the R-15 zone, 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.
5. That Developer will, before annexation, or de-annexation, file or cause to be filed
with the City Engineer a complete set of "Subdivision Imprdvement 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
THE LAKE AT CHERRY LANE NO.7 DEVELOPMENT AGREEMENT, Page 2 1O/23/97-jIIT
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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 (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.
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.
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 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
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
THE LAKE AT CHERRY LANE NO.7 DEVELOPMENT AGREEMENT, Page 3 1O123/97- "kT
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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.
12. 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 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.
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.
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:
THE LAKE AT CHERRY LANE NO.7 DEVELOPMENT AGREEMENT, Page 4 1O123/97-jIIT
CITY OF MERIDIAN:
City Engineer
City ~f 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.
I
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 Findipgs of Fact and Conclusions of Law, this
Development Agreement, and the Ordinances of the City of Meridian.
i
DATED the date, month and year first abo~e appearing.
STATE OF CALIFORNIA)
STEINER DEVELOPMENT, L.L.C.
B~~9',~ ~)
Low. Stei=¡-... -¡""
ss.
County of Merced
On this 11th day of November ,1997, before me, the undersigned Notary
Public in and for said State, personally appeared Louis'" Steiner, known or identified to me to be
the Managing Member of Steiner Development, L.L.C., the limited liability company that
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
day and year in this certificate first above written.
~:~~d ~~~o~~~ s:
TA'::E~~~~"cO~~li:ORNIf¡
Comm,E'pi",M~oh20,19"~
THE LAKE AT CHERRY LANE NO.7 DEVELOPMENT AGREEMENT, Page 5 1O123/97- "kT
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'.
STATE OF IDAHO)
ss.
By
County of Ada
On this ~ day of Decflt..}"'" , 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.
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THE LAKE AT CHERRY LANE NO.7 DEVELOPMENT AGREEMENT, Page 6 10123/97- "kT
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EXHIBIT A
Lot 31, Block 8, 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 15, 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 56 duplex, triplex and fourplex dwelling units with an overall density of
8.7 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 February 18, 1997,
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 common/drainage lot as presented and represented to be in the Subdivision, together
with all improvements thereon 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 of an average of thirty-three feet (33') for each housing unit so,that
each set of two, three or four Lots, having direct access to a street, must have sixty-six
(66), ninety-nine (99) or one hundred thirty-two (132) feet of frontage, as the case may be,
except flag lots which may have such lesser frontage, consistent with the approved final
plat.
EXHIBIT B, Page I
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10. Provide front setbacks of a minimum of eighteen feet (18'), street side yard setbacks of a
minimum of fifteen feet (15'), rear yard set backs of a minimum of fifteen feet (15') and
side yard setbacks of a minimum of five feet (5') per story or a minimum building
separation of ten feet (10') for single level dwellings adjacent to each other.
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