La Playa Manor Pioneer Investment Inc.
v,
t,
DEVELOPMENT AGREEMENT
THIS AGREEMENT, made and entered into this 7'1'h- day of Jh.h€-
, 1995, by and between the CITY OF MERIDIAN, a municipal corporation of the
State of Idaho, party of the flfst part, hereinafter called the "CITY", and PIONEER
INVESTMENT Inc., party of the second part, hereinafter called the "DEVELOPER", whose
address is 1180] Florida Drive Boise Idaho 83706
WITNESSETH:
WHEREAS, DEVELOPER is the so]e 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 199], passed Idaho Code, 67-65] lA,
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, ]]-2-4]6 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 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 tQ 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 it~ 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
LA PLAYA MANOR DEVELOPMENT AGREEMENT
Page]
i
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, in consideration for the annexation, rezone, or the non-de-annexation of the area,
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
duplexes and that all such detached single-family houses shall have at least ~
thousand two hundred (] 200) square feet of t1oor space, exclusive of garages,
and that all zero-lot-line structures shall have a minimum of eight hundred (800)
square feet, exclusive of garages.
3.
That the property zoned R-8, described in "Exhibit A", shall have lot sizes of at
least six thousand five hundred (6 500) square feet for detached single-family
dwellings and four thousand two hundred fifty (4 250) square feet for duplex
units, which is the size represented at the City hearings, and shall meet all of the
requirements of the ..R:.8 zone except as expressly agreed by the Meridian City
Council as a result of an approved Conditional Use Permit.
4.
That there shall be no change to increase the number of lot~ or reduce the size of
lots as shown in the preliminary plat submitted with the request for annexation,
zoning and preliminary plat approval, which is incorporated herein as if set forth
in full herein.
5.
That DEVELOPER will 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 harricades, 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,
fire hydrants, curbs and gutters, pressurized irrigation system, electrical
LA PLAYA MANOR DEVELOPMENT AGREEMENT
Page 2
"
7.
8.
9.
transmission lines, natural gas lines, telephone lines, television, sidewalks, 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
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 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 and
gutter, 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.
II.
That DEVELOPER agrees, that upon a finding by the City CounciI, 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, the
LA PLAYA MANOR DEVELOPMENT AGREEMENT
Page 3
v.
12.
13.
14.
15.
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 regular 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 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.
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.
The CITY may require surety bonds, irrevocable letters of credit, cash deposits,
certified checks or negotiable bonds, as allowed under] 1-9-606 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, if required by
the CITY.
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
LA PLAYA MANOR DEVELOPMENT AGREEMENT
Page 4
"
16.
17.
18.
19.
20.
21.
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:
PIONEER INVESTMENT Inc.
11801 Florida Drive
Boise ID 83706
W. P. Kirb,y President
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.
LA PLAYA MANOR DEVELOPMENT AGREEMENT
Page 5
DATED the date, month and year first appearing.
DEVELOPER:
PIONEER INVESTMENT Inc.
~~
By:
Name: P. Kirb
Title: President
~~~m
Title: Secretary
CITY OF MERIDIAN
~stf: tP~NJ
BJ~A~,~
William G. Berg, Jr., City erk
LA PLAYA MANOR DEVELOPMENT AGREEMENT
Page 6
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On this 7 day of ~ i19!J.\\~ore me, the undersigned, a Notary Public
in and for said mäie, personal appear 'w.":P::ltirby and Shirley B Kirby, known, or proved
to me, to be the President and Secretary of said corporation that executed this instrument and the
persons who executed the said instrument on behalf of said corporation, and acknowledged to
me that such corporation executed the same.
STATE OF IDAHO)
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the
day and year in this certificate first above written.
(SEAL)
Notary Public for I
Residing at:
My Commission Expires:
STATE OF IDAHO)
ss.
County of Ada
On this ~day of ~ ~,,(. ,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.
(SEAL)
'"
LA PLAYA MANOR DEVELOPMENT AGREEMENT
Page 7
EXHIBIT "A"
DESCRIPTION
LaPlaya Manor
A parcel ofland located in the
Southwest 1/4 of
Section 6, T.3N., R.lE., B.M.,
Ada County, Idaho
Commencing at the Southwest corner of said Section 6; thence along the west section line of said
Section 6, N 0°25'30" W 1004.09 feet (formerly N 0°01'30" W 1004.13 feet) to a point; thence
N 89°34'30" E 32.68 feet (formerly S 89°58'30" E 30.00 feet) to a point being the TRUE POINT
OF BEGINNING;
thence N 89°34'30" E 203.02 feet (formerly EAST 204.30 feet) to a point;
thence Northeasterly 31.82 feet (formerly 31.84 feet) along the arc of a curve to the left,
said curve having a central angle of 52°05'30" (formerly 52°07'00"), a radius of35.00 feet,
and a long chord which bears N 63° 31 '45" E 30.74 feet (formerly N 63°56'30" E 30.75
feet) to a point;
thence N 37°29'00" E 48.84 feet (formerly N 37°53'00" E 48.79 feet) to a point on the
centerline of 5 mile creek;
thence along said 5 mile creek centerline the following courses and distances:
N 53°14'27" W 81.93 feet (formerlyN 52°50'27" W 79.99 feet) to a point;
N 6°34'09" W 224.11 feet (formerly N 6°10'09" W 225.61 feet) to a point;
thence leaving said centerline N 88°25'12" E 1095.77 feet (formerly N 88°44'30" E
1095.83 feet) to a point;
thence S 0°14'00" E 328.21 feet (formerly S 0°10'00" W 330.00 feet) to a point;
thence S 88° 20' 00" W 66.00 feet (formerly S 88°44'30" W 66.00 feet) to a point;
thence S 0°14'00" E 571.82 feet (formerly S 0°10'00" W 571.82 feet) to a point;
Page 1 of2
¡obNo, '4-2"
"_""20,1994
thence S 87°52'00" W 100.72 feet (formerly S 88°16'00" W 102.06 feet) to a point on the
centerline of said 5 mile creek;
thence along said 5 mile creek centerline the following courses and distances:
N 65°40'46" W 91.10 feet (formerly N 65°16'46" W 91.18 feet) to a point;
N 53°14'27" W 886.26 feet (formerly N 52°50'27" W 886.26 feet) to a point;
thence leaving said centerline S 37°29'00' W 49.60 feet (formerly S 37°53'00" W 49.55
feet) to a point;
thence Southwesterly 86.37 feet (formerly 86.41 feet) along the arc of a curve to the right,
said curve having a central angle of 52°05'30" (formerly 52°07'27"), a radius of95.00 feet
and a long chord which bears S 63°31'45" W 83.43 feet (formerly S 63°56'30" W 83.46
feet) to a point;
thence S 89°34'30" W 202.23 feet (WEST 204.28 feet) to a point on the easterly
right-of-way line for North Meridian Road;
thence along said right-of-way N 1°10'57" W 60,01 feet (formerlyN 0°01'30" W 60.00
feet) to the TRUE POINT OF BEGINNING.
This parcel contains a calcuIated area of 14.97 acres (formerly 15.02 acres).
Page2of 2
lob No, 94-",
S_Œ20.1994
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This subdivision is for a maximum of 79 single-family and duplex dwelling units with an overall
density of l.21!. dwelling units per acre. The DEVELOPER shall:
1.
2.
3.
4.
5.
6.
7.
EXHIBIT "B"
TO THE DEVELOPMENT AGREEMENT
BY AND BETWEEN THE
CITY OF MERIDIAN, IDAHO
AND
PIONEER INVESTMENT Inc.
Tile all ditches, canals and waterways, including those that are property boundaries or
only partially located on the property, with the exception of Five Mile Creek, which shall
remain open.
Extend and construct water and sewer line extensions to serve the property and connect
to Meridian water and sewer lines as approved by the Meridian City Engineer.
Construct streets to and within the property in accordance with Ada County Highway
District and City of Meridian Standards.
Dedicate the necessary land from the centerline of Meridian Road for public right-of-way.
Pay any development, impact or transfer fee adopted by the CITY.
Meet the requirements and conditions of the Findings of Fact and Conclusions of Law
and meet the Ordinances of the CITY.
Berms and landscaping shall be provided and maintained by the Homeowners Association.
8.
Pressurized irrigation is to be provided to all lots within this subdivision. Evidence of
approvals from appropriate agencies must be submitted to the City.
9,
Perimeter fencing will be installed prior to obtaining building permits.
10.
A landscaped pedestrian walkway will be provided along a portion of Five Mile Creek,
which also serves as a lineal open space corridor.
11.
A recreational facility will be provided in the northeast corner of the property for the
benefit of the homeowners.
EXHIBIT "B"
LA PLAYA MANOR DEVELOPMENT AGREEMENT
PageIofl