The Landing Subdivision No. 7
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DEVELOPMENT AGREEMENT g'O~SE 'e """"'"3?!!..<:>
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THIS AGREEMENT, made and entered into this 5&day of9 . r»;'~~
1995, by and between the CITY OF MERIDIAN, a municipal corpor~n oftheStateofl.?~~-,---
party of the flfst part, hereinafter called the "CITY", and SKYM~I)E~LO~.MENr()¡
COMPANY, party of the second part, hereinafter called the "DEVELOPER", whose address is
10464 Garverdale Ct Suite 710 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 agreementordinances, 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
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 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, 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,
THE LANDING SUBDIVISION NO.7 DEVELOPMENT AGREEMENT
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Page I
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:
DEVELOPER agrees, and hereby binds his, its, or their heirs, successors and assigns to
this agreement, inconsideration for the annexation, rezone, or the non-de-annexation of the area,
as follows:
2.
1.
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 1,300 square feet of floor spac,e,
exclusive of garages, for Lot 13, Block 8; Lot 1, Block 9; Lots 24-30, Block 6;
and Lots 13-18, Block 12. All other lots shall have a minimum of one thousand
four hundred (1,400) square feet, exclusive of garages.
3.
That the property zoned R-4, described in "Exhibit A", shall have buildable lot
sizes of at least eight thousand (H.Q.OO) square feet (except for Lot 13, Block 12),
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 as shown on the
approved final plat, 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, 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 his or their own expense, construct and install all
sanitary sewers, storm drains, pumping stations, water mains and appurtenances,
THE LANDING SUBDMSION NO.7 DEVELOPMENT AGREEMENT
3/30/95
Page 2
7.
8.
9.
fire hydrants, curbs, gutters and sidewalks, pressurized irrigation system,
electrical transmission lines, natural gas lines, telephone lines, cross drains, street,
street surfacing, street signs, and barricades as well as any and all other
improvements shown on the Subdivision Improvement Plans.
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.
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 pressurized irrigation lines and their individual 'building service lines, the
curb, gutter and sidewalk 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, pressurized irrigation lines, gas lines, electricity lines, storm
drain lines, curb, gutter and sidewalk, 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 finding by the City Council, dilly entered
in the official minutes of the proceedings of the City Council, that a portion, or
THE LANDING SUBDIVISION NO.7 DEVELOPMENT AGREEMENT
3/30/95
Page 3
12.
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
set forth in this paragraph except at a regu1ar 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 cu1inary water service to any part,
parcel, or portion of such annexed area until such time as all requirements
specified herein have be,en 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 shou1d 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, pressurized irrigation system, landscaping and berming, 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
THE LANDING SUBDIVISION NO.7 DEVELOPMENT AGREEMENT
3130/95
Page 4
15.
mortgage in accordance with the mortgage foreclosure laws of the State of Idabo;
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
advance made to DEVELOPER for the sole purpose of financing the construction
of improvements upon the land which is the subject of this Agreement; provided,
however, that the financing entity shall flfst 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 nsed for any other purpose.
The CITY shall 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.
That DEVELOPER agrees that those portions of the water main or the sanitary
sewer line, for which the CITY has expressly agreed to enter into a late comers
agreement, if any, for including any water or sewer line extensions, increased line
size or capacity, are required because of future service needs originating from
properties not owned by DEVELOPER and located within, the vicinity of the
subject development; that sound planning requires construction thereof at the
present time in order to accommodate future expansion and development. In
recognition of the cost savings which can be accomplished by construction of such
excess capacity and/or improvements concurrently with the facilities to be
constructed for DEVELOPER's purposes, and the impracticality or impossibility
of constructing such excess capacity and/or improvements separately or at a later
time, DEVELOPER agrees to design and construct such facilities subject to the
CITY's agreement to enter into a late comers agreement to reimburse
DEVELOPER for a portion of the costs of such excess capacity. DEVELOPER
agrees to obtain three independent bona fide bids for the performance of such
work from qualified and responsible contractors and shall deliver copies of such
bids to the CITY prior to the commencement of such work. Such bids shall be
solicited and itemized in a manner which allows clear and specific identification
of that portion of the construction work for which the CITY may possibly agree
to enter into a late comers agreement. The CITY's obligation to enter into a late
comers agreement to help DEVELOPER to pay for such costs shall be limited to
THE LANDING SUBDIVISION NO.7 DEVELOPMENT AGREEMENT
3/30/95
Page 5
16.
17.
18.
20.
21.
22.
the lowest of such bids irrespective of whether the lowest bidder is in fact selected
by DEVELOPER to perform the work.
That DEVELOPER agrees that no Certificates of Occupan<;y 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; and agrees
to construct a perimeter fence around the entire parcel prior to any construction,
except where roadways and streets for access are located and except where the
CITY has agreed that such fencing is not necessary.
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:
SKYLINE DEVELOPMENT COMPANY
10464 Garverdale Ct. Suite 710
Boise ID 83704
19.
That DEVELOPER agrees to pay all recording fees necessary to record this
Agreement with the Ada County Recorder's office.
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.
This Agreement shall become valid and binding only upon its approval by the City
Council and execution of the Mayor and City Clerk.
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
and Conclusions of Law, this Development Agreement, and the Ordinances of the
CITY of Meridian.
THE LANDING SUBDMSION NO.7 DEVELOPMENT AGREEMENT
3130/95
Page 6
DATED the date, month and year flfst appearing.
DEVELOPER:
SKYLINE DEVELOPMENT COMPANY
~~9b~~
Title: President
BY:~~
Name: T r hnso'
Title: Vice President
CITY OF MERIDIAN
B~~~
William G. Berg, Jr., C1 C rk
THE LANDING SUBDIVISION NO.7 DEVELOPMENT AGREEMENT
3/30/95
Page 7
STATE OF IDAHO)
ss.
County of Ada
On this ê ~ day of MÞ-.'{ , 1995, before me, the undersigned, a Notary Public
in and for said State, personally appeared Tucker M. Johnson, known, or proved to me, to be
the person whose name ìs subscribed to the wìthin instrument as the attorney in fact of
Edward A. Johnson, and acknowledged to me that he subscribed the name of Edward A. Johnson
thereto as principal, and his own name as attorney in fact, also' being the Vice President of
Skyline Development.
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)
ss.
County of Ada
On this 3'31 day of MÞ-'{ , 1995, 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.
THE LANDING SUBDIVISION NO.7 DEVELOPMENT AGREEMENT
3/30/95
Page 8
'~
EXHIBIT "A"
I'ACIFIC LAND SURVEYORS
290 North Maple Grove Road
Boise, ID 83704
(208) 378-6380
FAX (208) 378-0025
PROJECT: 143050
DAlE: July IS, 1993
DESCRIPTION FOR
SKYLINE DEVELOPMENT, INC.
LANDING SUBDIVISION PHASE NO.7
A PORTION OF THE NORTHWEST 1/4
SECTION 13
TOWNSIllP 3 NORTH, RANGE I WEST, BOISE MERIDIAN
MERIDIAN, ADA COUNTY, IDAHO
A parcel ofland being a portion of the Northwest 1/4, Section 13, Township 3 North, Range I
West, Boise Meridian, Meridian, Ada Counly, Idaho, and more particularly described as follows:
Beginning at an iron pin marking the Southwest comer of the said Northwest 1/4, Section 13,
said iron pin being the REAL POINT OF BEGINNING;
thence along the Westerly boundary of said Northwest 1/4, Section 13, North 00°00'35" West
344.00 feet to a p.k. nail;
thence leaving said Westerly boundary North 89°59'23" East 402.55 feet to an iron pin;
thence North 00°00'35" West 212.83 feet to a point marking the centerline of Kennedy Lateral;
thence along the centerline of said Kennedy Lateral South 81°30'40" East 449.09 feet to a point;
thence South 60°43'10" East 164.27 feet to a point, said point being an angle point in the
Westerly boundary of The Landing Subdivision No.4 as filed for record in the office of the Ada Counly
Recorder, Boise, Idaho in Book 62 of Plats at Page 6219;
thence along the boundary of said Landing Subdivision No.4 which is also the centerline of the
Kennedy Lateral South 61 °26'59" East 269.50 feet to a point;
thence South 52°41'29" East 57.17 feet to a point;
thence leaving said centerline of the Kennedy Lateral and continuing along the boundary of said
Landing Subdivision No.4 North 53°28'06" East 203.58 feet to a point;
thence North 75°31'05" East 50.40 feet to a point;
thence North 82°42'53" East 100.00 feet to a point;
thence leaving said boundary of Landing Subdivision No.4 South 14°50'47" West 80.04 feet to a
point;
thence South 07°33'55" East 33.65 feet to a point;
thence South 29°47'08" East 80.20 feet to a point;
thence South 27°52'38" West 115.00 feet to a point;
thence North 89°50'04" West 49.09 feet to a point;
Pacific Land Surveyors, a division of POWER Engineers, Inc., an Idaho Corporation
thence South 00009'56" West 111.73 feet to a point;
thence North 89°50'04" West 177.46 feet to a point on the Southerly line of the said Northwest
1/4, Section 13;
thence along the Southerly boundary of said Northwest 1/4, Section 13, South 89°59'23" West
1,326.82 feet to the point of beginning. Comprising 14.37 acres, more or less.
SUBJECT TO:
All existing easements and road rights-of-way of record or appearing on the above-described
parcel of land.
Prepared by:
John T. (Tom) Eddy, P.L.S.
JTE:smg
EXHIBIT "B"
TO THE DEVELOPMENT AGREEMENT
BY AND BETWEEN THE
CITY OF MERIDIAN, IDAHO
AND
SKYLINE DEVELOPMENT COMPANY
The Landing Subdivision No.7 is comprised of 50 single-family dwelling units with an overall
density of 3.48 dwelling units per acre. The DEVELOPER shall:
2.
I.
Tile all ditches, canals and waterways, including those that are property boundaries or
only partially located on the property, specifically including the Kennedy Lateral, and
submit approvals and/or executed license agreements from appropriate irrigation
district/downstream water users.
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 outermost boundaries of the property.
3.
Construct curbs, gutters, sidewalks and 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 Linder Road 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 the requirements of 11-9-605 C. (Pedestrian Walkways), G. (Planting Strips and
Reserve Strips), H.2. (Preservation of Natutal Features), K. (Lineal Open Space
Corridors), and L. (pedestrian Bike Pathways).
7.
Meet the requirements and conditions of the Findings of Fact and Conclusions of Law
and meet the Ordinances of the CITY.
8.
Construct a minimum twenty-foot (20') landscaped berm along Linder Road to be
maintained by the Homeowners Association.
9.
Provit;le pressurized irrigation to all lots within this subdivision.
to.
Provide perimeter fencing prior to construction unless specifically waived in writing by
the CITY.
EXHIBIT "B"
THE LANDING SUBDIVISION NO.7 DEVELOPMENT AGREEMENT
3/30/95
Pagelof2
GENERAL
POWER
OF
ATTORNEY
On this 1st day of March 1995, we the undersigned Edward A. Johnson and Janice M.
Johnson, Husband and Wife of Boise, Idaho do hereby appoint Tucker M. Johnson, our son,
of Boise, Idaho as our Attorney-ln.Fact to act for us and in any manner in our behalf to do any
lawful act whatsoever as if we, jointly or severally, had personally performed the act. This
power of attorney is without limitation, enabling Tucker M. Johnson to do, as examples, sign
any legal document which we ourselves could sign both for personal matters as well as matters
pertaining to our businesses including, but not limited to, The Skyline Corporation and Skyline
Development Company, the dealing with buying, selling, mortgaging or borrowing against real
or personal property, dealing in any manner with our bank accounts, stock investment accounts
or any other matter.
This document shall continue in full force and effect for 5 years from the date above unless
sooner revoked.
~~
3 - (-15
Date
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95 () 1 853 7
3 -1-95
Date
,;:' ¡': [i c ;,]
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County of Ada) '95 PJAil2ii hi if l"
On this 1st Day of March, 1995, befOfii~~YPubliC . aid Stat~llY appeared Edward A. Johnson
and Janice M. Jnhnson, Husband .n.¡¡CWìI'~,r Known to met S The ~ersons whose names are subscribed to the within
1;ï;~-~-
10113/1999
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Residing at:
My Commission Expires:
Boise, Idaho